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06/27/2011 Council Packet
EXPANDED AGENDA CITY COUNCIL AGENDA Monday, June 27, 2011 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members O'Donnell, Gallup, Roeser & Rafferty City Administrator: Jeff Karlson COUNCIL WORK SESSION, 5:30 P.M. Community Room (not televised) 1. Review Regular Agenda 2. 7301 Apollo Ct. (Open Mike 6 -13) To be discussed at next work session 3. American Legion/Fire Department Parking Update CITY COUNCIL MEETING, 6:30 P.M. ➢ Call to Order — 6:30 p.m. ➢ Roll Call - Council Members O'Donnell, Roeser, & Rafferty, and Mayor Reinert were present; Council Member Gallup was absent ➢ Pledge of Allegiance ➢ Open Mike / Public Comment No public comment ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was not amended CONSENT AGENDA A) Consideration of Expenditures: i) June 27, 2011 (Check No. 90952 through 91049) in the amount of $351,938.61; ii) Centennial Fire District (Check No. 4862 through 4875) in the amount of $29,016.45 Pg 1 -12 B) Consider approval of June 6, 2011 Work Session Minutes Pg 13 -16 C) Consider approval of June 13, 2011 Council Meeting Minutes Pg 17 -20 Council Agenda -2- June 27, 2011 REVISED D) Consider Resolution No. 10 -62, Approving the renewal Pg 21 -23 of tobacco licenses E) Authorize not waiving monetary limits on tort liability per Pg 24 -25 MN Statute 466.04 Action Taken: Motion by O'Donnell, seconded by Rafferty, to approve the Consent Agenda, Items 1A through 1E, was adopted FINANCE DEPARTMENT REPORT, Al Rolek No Report ADMINISTRATION DEPARTMENT REPORT, Dan Tesch A) Consider Position Reclassification — Records Technician Action Taken: Motion by Rafferty, seconded by Roeser, to approve the reclassification as presented, was adopted 4. PUBLIC SAFETY DEPARTMENT REPORT, John Swenson No Report Pg 26 PUBLIC SERVICES DEPARTMENT REPORT, Rick DeGardner No Report COMMUNITY DEVELOPMENT REPORT, Michael'Grochala A) Consider Resolution No. 11 -63, Approving 2011 Minnesota Pg 27 -29 Laws, CH. 112, Article 11, Section 18 Relating to a Tax Increment Financing District, Mary Divine Action Taken: Motion by Roeser, seconded by O'Donnell, to approve Resolution No. 11 -63 as presented, was adopted B) Public Hearing. Consider First Reading of Ordinance No. 12 -11, Pg 30 -34 Approving the Vacation of a Playground Easement for the YMCA at 7690 Village Drive, Paul Bengtson Action Taken: Motion by O'Donnell, seconded by Roeser, to approve first reading of Ordinance No. 12 -11 as presented, was adopted: Yeas, 4; Nays none; Gallup absent C) Zoning Amendment — Temporary Batch Plants, Paul Bengtson Pg 35 -41 i. Consider 2nd Reading of Ordinance No. 13 -11, Amending the Zoning Ordinance to include Temporary Batch Plants and similar uses as an Interim Use within certain zoning districts *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance Action Taken: Motion by O'Donnell, seconded by Roeser, to approve second reading and adoption of Ordinance No. 13 -11 as presented, was adopted: Yeas, 4; Nays none; Gallup absent Council Agenda -3- REVISED June 27, 2011 ii. Consider Resolution No. 11 -64, Approving summary publication of Ordinance No. 13 -11 Action Taken: Motion by Roeser, seconded by Rafferty, to approve Resolution No. 11 -64 as presented, was adopted D) Interim Use Permit, Temporary Batch Plant, Paul Bengtson Pg 42 -53 i. Consider Resolution No. 11 -60, Approving Interim Use Permit for a Temporary Batch Plant, Arnt Construction Action Taken: Motion by Rafferty, seconded by Roeser, to approve Resolution No. 11 -60 as presented, was adopted ii. Consider Resolution No. 11 -68, Authorizing Execution of Site Performance Agreement, Arnt Construction Action Taken: Motion by O'Donnell, seconded by Roeser, to approve Resolution No. 11 -68 with changes to hours of operation and performance and security arrangements, was adopted E) Consider Resolution No. 11 -65, Approving payment and Change Pg 54 -60 Order No. 1, 2011 Street Overlay Program, Jim Studenski Action Taken: Motion by Roeser, seconded by O'Donnell, to approve Resolution No. 11 -65 as presented, was adopted F) On- Street Parking Ordinance, Michael Grochala Pg 61 -67 i. Consider 2" Reading of Ordinance No. 14 -11, Amending City Code Section 802 Establishing On- Street Parking Requirements *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance Action Taken: Motion by Rafferty, seconded by O'Donnell, to approve second reading and adoption of Ordinance No. 14 -11 as presented, was adopted: Yeas, 4; Nays none; Gallup absent ii. Consider Resolution No. 11 -66, Approving summary publication of Ordinance No. 14 -11 Action Taken: Motion by Roeser, seconded by Rafferty, to approve Resolution No. 11 -66 as presented, was adopted G) Consider Resolution No. 11 -67, Authorizing Execution of Pg 68 -69 Professional Services Agreement for City Engineer Services with WSB and Associates, Michael Grochala Action Taken: Motion by Roeser, seconded by O'Donnell, to approve Resolution No. 11 -67 as presented, was adopted (Council Member Rafferty abstained from voting) Council Agenda -4- REVISED June 27, 2011 H) Consider Resolution No. 11 -69, Authorizing Execution of Joint Pg 70 -81 Powers Agreement with City of Centerville and County of Anoka, Rice Creek Chain of Lakes Regional Park Campground Sanitary Sewer Service, Jeff Smyser Action Taken: Motion by O'Donnell, seconded by Roeser, to approve Resolution No. 11 -69 as presented, was adopted I) Consider Resolution No. 11 -71, Approving Two Agreements With Eagle Brook Church Required for Parking Lot Expansion, Jeff Smyser. Action Taken: Motion by Rafferty, seconded by O'Donnell, to approve Resolution No. 11 -71 as presented, was adopted UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Council Member Roeser moved, seconded by O'Donnell, to adjourn at 7:10 p.m. Community Calendar — A Look Ahead June 28, 2011 through July 11 2011 4. Wednesday, June 29 4. Tuesday, July 5 • Tuesday, July 5 • Thursday, July 7 °v Monday, July 11 Cancelled 5:30 pm, Community Room 6:00 pm, Council Chambers 8:00 am, Community Room 6:30 pm, Council Chambers Environmental Board Council Work Session Park Board EDAC City Council Meeting • • • REVISED CITY COUNCIL AGENDA Monday, June 27, 2011 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members O'Donnell, Gallup, Roeser & Rafferty City Administrator: Jeff Karlson COUNCIL WORK SESSION, 5:30 P.M. Community Room (not televised) 1. Review Regular Agenda 2. 7301 Apollo Ct. (Open Mike 6 -13) 3. American Legion/Fire Department Parking Update CITY COUNCIL MEETING, 6 :30 P.M. D Call to Order and Roll Call D Pledge of Allegiance D Open Mike / Public Comment ➢ Setting the Agenda: Addition or deletion of agenda items CONSENT AGENDA A) Consideration of Expenditures: i) June 27, 2011 (Check No. 90952 through 91049) in the amount of $351,938.61; ii) Centennial Fire District (Check No. 4862 through 4875) in the amount of $29,016.45 to follow on Friday Pg 1 -12 B) Consider approval of June 6, 2011 Work Session Minutes Pg 13 -16 C) Consider approval of June 13, 2011 Council Meeting Minutes Pg 17 -20 D) Consider Resolution No. 10 -62, Approving the renewal Pg 21 -23 of tobacco licenses E) Authorize not waiving monetary limits on tort liability per Pg 24 -25 MN Statute 466.04 Council Agenda -2- REVISED FINANCE DEPARTMENT REPORT, Al Rolek No Report June 27, 2011 ADMINISTRATION DEPARTMENT REPORT, Dan Tesch A) Consider Position Reclassification - Records Technician Pg 26 PUBLIC SAFETY DEPARTMENT REPORT, John Swenson No Report PUBLIC SERVICES DEPARTMENT REPORT, Rick DeGardner No Report COMMUNITY DEVELOPMENT REPORT, Michael Grochala A) Consider Resolution No. 11 -63, Approving 2011 Minnesota Pg 27 -29 Laws, CH. 112, Article 11, Section 18 Relating to a Tax Increment Financing District, Mary Divine B) Public Hearing. Consider First Reading of Ordinance No. 12 -11, Pg 30 -34 Approving the Vacation of a Playground Easement for the YMCA at 7690 Village Drive, Paul Bengtson C) Zoning Amendment— Temporary Batch Plants, Paul Bengtson Pg 35 -41 i. Consider 2nd Reading of Ordinance No. 13 -11, Amending the Zoning Ordinance to include Temporary Batch Plants and similar uses as an Interim Use within certain zoning districts *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance ii. Consider Resolution No. 11 -64, Approving summary publication of Ordinance No. 13 -11 D) Interim Use Permit, Temporary Batch Plant, Paul Bengtson Pg 42 -53 i. Consider Resolution No. 11 -60, Approving Interim Use Permit for a Temporary Batch Plant, Arnt Construction. ii. Consider Resolution No. 11 -68, Authorizing Execution of Site Performance Agreement, Arnt Construction. E) Consider Resolution No. 11 -65, Approving payment and Change Pg 54 -60 Order No. 1, 2011 Street Overlay Program, Jim Studenski F) On- Street Parking Ordinance, Michael Grochala Pg 61 -67 i. Consider 2nd Reading of Ordinance No. 14 -11, Amending City Code Section 802 Establishing On- Street Parking Requirements *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance • • • Council Agenda G) -3- REVISED June 27, 2011 ii. Consider Resolution No. 11 -66, Approving summary publication of Ordinance No. 14 -11 Consider Resolution No. 11 -67, Authorizing Execution of Professional Services Agreement for City Engineer Services with WSB and Associates, Michael Grochala Pg 68 -69 H) Consider Resolution No. 11 -69, Authorizing Execution of Joint Pg 70 -81 Powers Agreement with City of Centerville and County of Anoka, Rice Creek Chain of Lakes Regional Park Campground Sanitary Sewer Service, Jeff Smyser I) Consider Resolution No. 11 -71, Approving Two Agreements With Eagle Brook Church Required for Parking Lot Expansion, Jeff Smyser. UNFINISHED BUSINESS None NEW BUSINES None Adjournment Community Calendar - A Look Ahead June 28, 2011 through July 11 2011 Wednesday, June 29 Tuesday, July 5 Tuesday, July 5 Thursday, July 7 Monday, July 11 Cancelled 5:30 pm, Community Room 6:00 pm, Council Chambers 8:00 am, Community Room 6:30 pm, Council Chambers Environmental Board Council Work Session Park Board EDAC City Council Meeting • • • CITY COUNCIL AGENDA 0 F Monday, June 27, 2011 * * * * * * * * * ** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members O'Donnell, Gallup, Roeser & Rafferty City Administrator: Jeff Karlson COUNCIL WORK SESSION, 5:30 P.M. Community Room (not televised) 1. Review Regular Agenda 2. 7301 Apollo Ct. (Open Mike 6 -13) to follow on Friday 3. American Legion/Fire Department Parking Update CITY COUNCIL MEETING, 6 :30 P.M. ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Open Mike / Public Comment ➢ Setting the Agenda: Addition or deletion of agenda items 1. CONSENT AGENDA Consideration of Expenditures: i) June 27, 2011 (Check No. 90952 through 91049) in the amount of $351,938.61; ii) Centennial Fire District (Check No. 4862 through 4875) in the amount of $29,016.45 Pg 1 -12 B) Consider approval of June 6, 2011 Work Session Minutes Pg 13 -16 C) Consider approval of June 13, 2011 Council Meeting Minutes Pg 17 -20 D) Consider Resolution No. 10 -62, Approving the renewal Pg 21 -23 of tobacco licenses E) Authorize not waiving monetary limits on tort liability per Pg 24 -25 MN Statute 466.04 Council Agenda -2- June 27, 2011 2. FINANCE DEPARTMENT REPORT, Al Rolek No Report 3. ADMINISTRATION DEPARTMENT REPORT, Dan Tesch A) Consider Position Reclassification - Records Technician Pg 26 4. PUBLIC SAFETY DEPARTMENT REPORT, John Swenson No Report 5. PUBLIC SERVICES DEPARTMENT REPORT, Rick DeGardner No Report 6. COMMUNITY DEVELOPMENT REPORT, Michael Grochala A) Consider Resolution No. 11 -63, Approving 2011 Minnesota Pg 27 -29 Laws, CH. 112, Article 11, Section 18 Relating to a Tax Increment Financing District, Mary Divine B) Public Hearing. Consider First Reading of Ordinance No. 12 -11, Pg 30 -34 Approving the Vacation of a Playground Easement for the YMCA at 7690 Village Drive, Paul Bengtson C) Zoning Amendment — Temporary Batch Plants, Paul Bengtson Pg 35 -41 i. Consider 211d Reading of Ordinance No. 13 -11, Amending the Zoning Ordinance to include Temporary Batch Plants and similar uses as an Interim Use within certain zoning districts *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance ii. Consider Resolution No. 11 -64, Approving summary publication of Ordinance No. 13 -11 D) Interim Use Permit, Temporary Batch Plant, Paul Bengtson Pg 42 -53 i. Consider Resolution No. 11 -60, Approving Interim Use Permit for a Temporary Batch Plant, Arnt Construction. ii. Consider Resolution No. 11 -68, Authorizing Execution of Site Performance Agreement, Arnt Construction. E) Consider Resolution No. 11 -65, Approving payment and Change Pg 54 -60 Order No. 1, 2011 Street Overlay Program, Jim Studenski F) On- Street Parking Ordinance, Michael Grochala Pg 61 -67 i. Consider 2nd Reading of Ordinance No. 14 -11, Amending City Code Section 802 Establishing On- Street Parking Requirements *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance • • • Council Agenda -3- June 27, 2011 ii. Consider Resolution No. 11 -66, Approving summary publication of Ordinance No. 14 -11 G) Consider Resolution No. 11 -67, Authorizing Execution of Pg 68 -69 Professional Services Agreement for City Engineer Services with WSB and Associates, Michael Grochala H) Consider Resolution No. 11 -69, Authorizing Execution of Joint Pg 70 -81 Powers Agreement with City of Centerville and County of Anoka, Rice Creek Chain of Lakes Regional Park Campground Sanitary Sewer Service, Jeff Smyser 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar — A Look Ahead June 28, 2011 through July 11 2011 4- Wednesday, June 29 4- Tuesday, July 5 4- Thursday, July 7 +41,- Monday, July 11 6:30 pm, Council Chambers 5:30 pm, Community Room 8:00 am, Community Room 6:30 pm, Council Chambers Environmental Board Council Work Session EDAC City Council Meeting • • WS — Item 2 WORK SESSION STAFF REPORT Work Session Item 2 Date: Council Work Session, June 27, 2011 To: City Council From: Michael Grochala Re: 7301 Apollo Ct. Code Enforcement Background At the June 13, 2011 City Council meeting Mr. Bill Griffith, Larkin, Hoffman Law Firm, spoke to the council at "Open Mike" regarding an ongoing code enforcement issue at 7301 Apollo Court. Mr. Mark Dietz, owner of property, was also present. . Mr. Griffith, representing the owner, requested an opportunity to meet with the council to discuss options to address the zoning violations. The council directed staff to place the item on the next work session agenda. Staff was informed that neither Mr. Griffith nor Mr. Dietz would be available to meet with the council until the July 25, 2011 work session. Given the pending enforcement action staff is providing the council with an update of the situation. Analysis Jenmar Equity, LLC owns the property located at 7301 Apollo Drive. The property is leased to two business operations housed within the building; Super!, Inc. and Lakes Building Components, Inc (`Lakes "). Lakes manufactures wood building trusses and is a new tenant of the building. Lakes apparently occupied a portion of the building in late February. Staff became aware of the change in use and occupancy of the building in March of 2011. As part of their operations both building products (lumber) and completed trusses are stored around the perimeter of the property including the front parking lot. The property is located in the LI, Light Industrial Zoning District. The LI district allows exterior storage by Conditional Use Permit. The property is adjacent to both a residential and rural zoning district and across the street from I -35W. The conditional use permit provisions are as follows: Section 8.Subdivision I.5. Open and outdoor storage (not outdoor sales lots) as an accessory use provided that: a. The storage area is landscaped and screened from view of neighboring uses, residential zoning districts, and public rights -of way per Section 3, Subd. 4.Q of this Ordinance. b. Storage area is fenced in a manner approved by the City. 1 • • • c. Storage area is blacktopped or concrete surfaced unless specifically approved by the City Council. d. All lighting shall be in compliance with Section 3, Subd. 4.F of this Ordinance or other lighting standards in place at the time of project approval. e. The storage area does not take up parking space or loading space as required for conformity to this Ordinance and not in front yards. f. The property shall not abut property zoned for residential, rural, or business use, including land in a neighboring city. "Abutting" includes across a street. '`Abutting" does not include properties that touch only corner to corner. g. The property shall not abut I-35W or I -35E. h. The storage area shall not abut a school or a public park. i. The ratio of storage area to building footprint shall not exceed 3.5:1. j. Storage shall not include material considered hazardous under Federal or State Environmental Law. The existing site does not meet the requirements listed in items a, b, c., and e above and cannot meet the provisions of items f and g above. Jenmar Equity was notified that while they could apply for a conditional use permit they could not satisfy the conditions of approval and therefore would not likely be approved. Lakes Building Components was notified of the zoning violation as well as potential building code violations on March 3, 2011. The building code issues related to alteration of the exterior building wall without a permit (a two foot high by sixteen foot wide slot was cut out of the exterior building wall) and the change in occupancy of the building. The matter was turned over to the City Attorney in April of 2011 after no attempts were made to bring the site into conformance. On April 14, 2011 a letter from the City Attorney's office was sent to Jenmar Equity LLC notifying them of the violations. Correspondence between the City Attorney and the owner's attorney has been ongoing. To date only the building permit issue has been addressed. No movement has been made on the exterior storage violation. On June 7, the City Attorney again informed Jenmar that the materials must be stored inside or moved off site. The City's next course of action would be to cite them for the ongoing violation and seek a court order to remedy the situation. While attempts will be made to suggest this as an economic development issue it is really a very simple zoning matter. Jenmar Equities is leasing space in a building to a business that operates in a manner not permitted for that property. Jenmar Equity, the property owner, has asked for the council to consider allowing the use to continue. Neither city staff nor the city council has the authority to grant that approval. To allow such a use in this location, on either an interim or permanent basis, the City would need to amend the zoning ordinance. When considering such a change the intent and purpose of the existing ordinance should be reviewed. Additionally the use should be evaluated as to whether it meets that purpose or is otherwise accommodated within the district or elsewhere in the city. Section 8. Subdivision 1 of the LI, Light Industrial District states the following: "These areas have the prerequisites for industrial development, but because of proximity to residential areas or the need to protect certain areas or uses from adverse influences, high development standards will be necessary..." 2 • • • The LI District does allow exterior storage by conditional use permit. As stated in the zoning ordinance certain uses, while generally not suitable in a district, may under some circumstances be suitable. When these circumstances exist a conditional use permit may be granted. The provisions in the zoning ordinance specify the circumstances where exterior storage is permissible within the LI District. Generally, exterior storage is allowed as a conditional use on interior parcels within the LI District. Exterior storage is prohibited on parcels abutting rural, residential, commercial districts or the two interstates purposely to avoid both aesthetic and nuisance impacts to abutting, less intense uses. Historically, the city has been very sensitive to encroachment of industrial uses on neighboring residential properties. A few examples include exterior storage at Molin Concrete and the Pomp's Tire Facility. There are locations within both the LI and GI, General Industrial districts that could accommodate Lakes Business Components. Alternatively, the City could amend the ordinance to allow exterior storage abutting residential, rural, commercial districts or the interstates. While this would accommodate Jenmar's existing lease to Lakes it would also allow similar uses on other properties. For example Pomp's Tire, which currently stores used tires off -site, could accommodate them at their existing facility. Exterior storage also tends to increase the intensity of the use by introducing loading and unloading, rearranging of product and materials and additional vehicle traffic and noise to the site. City staff is currently working on amendments to the commercial and industrial zoning districts. Staff will likely be discussing these items with the Planning and Zoning Board in July. If requested by the council an amendment related to outside storage could be incorporated for consideration. Additionally, Jenmar could be directed to the Planning and Zoning Board to discuss this issue. Council Direction 1. Staff is requesting direction regarding council's intent to consider amending the conditional use permit requirements for exterior storage in the LI, Industrial District. 2. Staff is requesting direction regarding the pending code enforcement action on Jenmar Equity, LLC. Attachments L General location map 3 • EXPENDITURES JUNE27,2011 • • P1 DS12: 06/17/2011 Time: 12:35:32 Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 9446 - 9455 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Sort: A City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: 1 Invoice Status: A # of copies: 1 Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000020 A & L SUPERIOR SOD CO, INC. 1 7.70 7.70 .00 .00 000093 ACE SOLID WASTE, INC. 2 1,197.22 1,197.22 .00 .00 000038 ACTIVE NETWORK, INC. (.COM) 1 342.22 342.22 .00 .00 000408 AFSCME COUNCIL #5 1 753.77 753.77 .00 .00 000158 ALL STAR SPORTS, INC.. 1 7,593.75 7,593.75 .00 .00 001013 ALTERNATOR & STARTER STORE, THE 2 203.07 203.07 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 1 69.82 69.82 .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 141.87 141.87 .00 .00 007378 KAREN ANDERSON 1 401.95 401.95 .00 .00 000370 ANOKA COUNTY CENTRAL COMMICATIONS 2 516.60 516.60 .00 .00 004063 ANOKA COUNTY LICENSE BUREAU 1 40.00 40.00 .00 00 000421 ANOKA COUNTY TREASURY DEPT 1 250.00 250.00 .00 900496 APOGEE RETAIL, LLC 1 200.00 200.00 .00 .00 000541 ASPEN MILLS, INC. 8 896.34 896.34 .00 .00 000540 AUTO- MEDICS, INC. 1 198.18 198.18 .00 .00 000610 BAUER BUILT, INC. 5 917.22 917.22 .00 .00 008293 BIFF'S INC. 1 528.47 528.47 .00 .00 000724 BLUE TOW SERVICE, INC. 1 132.76 132.76 .00 .00 000860 BROADWAY AWARDS, INC. 1 133.59 133.59 .00 .00 900524 LUANN BURGER 1 482.40 482.40 .00 .00 000946 C. P. OFFICE PRODUCTS 1 67.72 67.72 .00 .00 000950 C. W. HOULE, INC. 2 8,518.85 8,518.85 .00 .00 • Date: 06/17/2011 Time: 12:35:33 City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page:P a Discount •Ior # Name # of items Net Gross Discount Lost 001110 CENTENNIAL UTILITIES 2 1,526.56 1,526.56 .00 .00 004670 COMCAST 2 104.85 104.85 .00 .00 004470 COMO LUBE & SUPPLIES, INC. 1 546.08 546.08 .00 .00 001187 CONNEXUS ENERGY 1 2,871.82 2,871.82 .00 .00 001270 DALCO, INC. 1 187.07 187.07 .00 .00 000256 DEEP ROCK WATER COMPANY 1 134.78 134.78 .00 .00 008315 REBECCA DRIESSEN 1 5.00 5.00 .00 .00 001561 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 1 110.49 110.49 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 1 57.11 57.11 .00 .00 001267 FAST BREAK CORNER MARKET, INC. 1 28.74 28.74 .00 .00 001455 FBI NORTHWEST CHAPTER /FBINAA 1 55.00 55.00 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 1 14.41 14.41 .00 .00 007751 GALLS, AN ARAMARK COMPANY 1 109.85 109.85 .00 .00 008274 DANIEL L. GOFF 1 352.50 352.50 .00 .00 008240 GOPHER STATE ONE -CALL 1 645.45 645.45 .00 .00 01605 GOVERNMENT FINANCE OFFICERS ASSOC 1 190.00 190.00 .00 .00 152 GRAFFIC TRAFFIC, LLC 1 401.40 401.40 .00 .00 008316 KARI GUNDERMAN 1 10.00 10.00 .00 .00 007168 NANCY GUTHRIE 1 10.00 10.00 .00 .00 000843 HAGER, DALE 1 49.80 49.80 .00 .00 001480 HAWKINS, INC. 1 50.00 50.00 .00 .00 004562 HD SUPPLY WATERWORKS, LTD. 1 8,587.33 8,587.33 .00 .00 008317 MICHELLE HOSFIELD 1 10.00 10.00 .00 .00 008128 IKE'S PLUMBING & DRAIN CLEANING, INC 1 320.00 320.00 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 2 494.50 494.50 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 1 152.00 152.00 .00 .00 008318 RON JENSON 1 10.00 10.00 .00 .00 • D: 06/17/2011 Time: 12:35:33 City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: 3 Discount Vendor # Name # of items Net Gross Discount L� 000719 JOHNSTON FARGO CULVERT, INC. 1 78.66 78.66 .00 .00 008319 STACY LAHM- 1 10.00 10.00 .00 .00 002248 LARSON ALLEN, LLP 1 10,250.00 10,250.00 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 924.00 924.00 .00 .00 008123 LUBRICATION TECHNOLOGIES, INC. 2 7,982.62 7,982.62 .00 .00 000177 MAIN FLORAL LTD, INC. 1 86.71 86.71 .00 .00 002389 MCFOA 1 70.00 70.00 .00 .00 007694 METROPOLITAN COUNCIL 1 60,082.17 60,082.17 .00 .00 002590 LESTER MICKELSON 1 81.94 81.94 .00 .00 002613 MIDWEST LANDSCAPES, INC. 1 5,140.15 5,140.15 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 698.47 698.47 .00 .00 000132 MPELRA 1 199.00 199.00 .00 .00 003070 MTI DISTRIBUTING, INC. 2 72.25 72.25 .00 .00 008198 NATIONAL PAYMENT CENTER 1 203.13 203.13 .00 .00 008321 NORTH VALLEY, INC. 1 174,136.02 174,136.02 .00 .00 000364 NORTHERN AIR CORPORATION 1 1,200.29 1,200.29 .00 .00 000900 O'REILLY AUTOMOTIVE, INC. 4 333.87 333.87 .00 • 003443 OTTER LAKE ANIMAL CARE CENTER, INC. 1 342.00 342.00 .00 .00 008247 PARK BUS COMPANY 1 473.75 473.75 .00 .00 003492 PETTY CASH 1 301.31 301.31 .00 .D0 003524 PITNEY BOWES, INC. 2 333.18 333.18 .00 .00 008322 QUAIL MANUFACTURING OF MN, INC 1 60.92 60.92 .00 .00 007696 RATWIK, ROSZAK & MALONEY, PA 1 3,028.51 3,028.51 .00 .00 900491 ROSEVILLE, CITY OF 2 6,720.88 6,720.88 .00 .00 003910 SAM'S CLUB, INC. 1 263.77 263.77 .00 .00 008305 MARK SCHEIBLE 1 10.00 10.00 .00 .00 003467 SHARPER HOMES, INC. 2 7,400.00 7,400.00 .00 .00 • Date: 06/17/2011 Time: 12:35:33 City of Lino Lakes FM Entry - Invoice Journal Operator: ICKF Page:P5& Discount •ior # Name # of items Net Gross Discount Lost 008311 ST. CROIX SCREENPRINTING, INC. 1 52.00 52.00 .00 .00 003260 KAY STANSBERRY 1 22.39 22.39 .00 .00 008142 STAPLES ADVANTAGE 1 167.94 167.94 .00 .00 000365 STAPLES ADVANTAGE 2 210.11 210.11 .00 .00 008320 KATHRYN STEFFENS 1 55.00 55.00 .00 .00 004240 STREICHER'S, INC. 1 69.98 69.98 .00 .00 008195 SWEENEY, MURPHY & SWEENEY, P.A. 1 10,695.58 10,695.58 .00 .00 008323 T H CONSTRUCTION OF ANOKA INC. 1 3,450.00 3,450.00 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 2 4,753.48 4,753.48 .00 .00 000489 TDS METROCOM MN 1 986.71 986.71 .00 .00 002516 TEE'S PLUS 1 53.00 53.00 .00 .00 008324 TerraMax, Inc. 1 75.00 75.00 .00 .00 008325 TIER 1 GROUP, LLC 1 500.00 500.00 .00 .00 D04469 TOUSLEY FORD, INC. 1 306.93 306.93 .00 .00 007721 TRI -STATE BOBCAT, INC. 1 56.49 56.49 .00 .00 �,4560 U S BANK VISA 1 2,247.96 2,247.96 .00 .00 72 VENUS CREATIONS, INC. 1 38.06 38.06 .00 .00 004760 WALDOCH SPORTS, INC. 1 302.99 302.99 .00 .00 000293 WIPERS & WIPES, INC. 1 174.21 174.21 .00 .00 003250 XCEL ENERGY 8 6,608.94 6,608.94 .00 .00 Grand Totals: 131 351,938.61 351,938.61 .D0 .00* • DiCt6: 06/17/2011 Time: 12:36:13 Operator: KKF Ranges: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 9447 9456 Bank #: (A) Options: Print Ranges /Options: Y # of copies: 1 Page on Department: N Department Vendor Name Description Amount AFSCME COUNCIL #5 AFSCME #5 MEMBER DUES 753.77 LAW ENFORCEMENT LABO LELS DUES 924.00 MN CHILD SUPPORT PAY CHILD SUPPORT 698.47 NATIONAL PAYMENT CEN GARNISHMENT 203.13 Total for Department 2,579.37* MAYOR /COUNCIL MAIN FLORAL LTD, INC ARRANGEMENT- SYMPATHY 48.20 MAYOR /COUNCIL MAIN FLORAL LTD, INC PLANT -MISC. 38.51 MAYOR /COUNCIL U S BANK VISA STRATEGIC PLANNING EVENT 46.75 MAYOR /COUNCIL U S BANK VISA STRATEGIC PLANNING EVENT 81.42 Total for Department 401 214.88* ADMINISTRATION MPELRA D. TESCH - SUMMBER CONFE 199.00 ADMINISTRATION MCFOA JULY 2011 - JUNE 2012 ME 70.00 ADMINISTRATION SAM'S CLUB, INC. MAY 2011 RETURN -35.00 Total for Department 402 234.00* SENIORS TDS METROCOM MN MONTHLY PHONE CHARGES 37.27 Total for Department 406 37.27* FINANCE GOVERNMENT FINANCE 0 ANNUAL RENEWAL -ALAN ROLE 190.00 FINANCE LARSON ALLEN, LLP AUDIT OF 2010 FINANCIAL 4,305.00 FINANCE ROSEVILLE, CITY OF JUNE 2011 IT SERVICES 5,769.58 Total for Department 407 10,264.58* LEGAL CONSULTANTS RATWIK, ROSZAK & MAL PROFESSIONAL SERVICES 2,825.51 LEGAL CONSULTANTS SWEENEY, MURPHY & SW JUNE 2011 PROSECUTION SV 10,695.58 Total for Department 414 13,521.09* ECONOMIC DEVELOPMENT VENUS CREATIONS, INC CREATE CITY OF LINO LAKE 38.06 Total for Department 415 38.06* PLANNING & ZONING RATWIK, ROSZAK & MAL PROFESSIONAL SERVICES 203.00 Total for Department 416 203.00* COMM DEV ANOKA COUNTY TREASUR ANNUAL RENEWAL OF GIS DA 250.00 COMM DEV U S BANK VISA SLUC 38.00 Total for Department 418 288.00* POLICE GRAFFIC TRAFFIC, LLC VOLUNTEER APPRECIATION 401.40 • Date: 06/17/2011 Time: 12:36:13 Operator: KKF • Department Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE ICE STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET • STAPLES BUSINESS ADV OFFICE SUPPLIES ANOKA COUNTY ANOKA COUNTY TDS ASPEN ASPEN ASPEN ASPEN ASPEN ASPEN ASPEN METROCOM MILLS, MILLS, MILLS, MILLS, MILLS, MILLS, MILLS, HAGER, DALE BROADWAY AWARDS, CONNEXUS ENERGY FAST BREAK CORNER MA FBI NORTHWEST CHAPTE IMAGE PRINTING & GRA TEE'S PLUS OTTER LAKE ANIMAL PETTY CASH /LLPD SAM'S CLUB, INC. STREICHER'S, INC. U S BANK VISA U S BANK VISA U S BANK VISA ANDERSON, KAREN GALLS, AN ARAMARK TIER 1 GROUP, LLC CENTRAL 800 MHz RADIO SYSTEM EQU CENTRAL MAY 2011 WIRELESS INTERN MN INC. INC. INC. INC. INC. INC. INC. INC MONTHLY PHONE CHARGES C BRAGELMAN UNIFORM ALLO K LEIBEL UNIFORM ALLOWAN M PAULSON UNIFORM ALLOWA NEW POLICE RESERVE UNIFO POLICE RESERVES UNIFORM POLICE RESERVES UNIFORMS Z JOHNSON UNIFORM ALLOWA K -9 FOOD REIMBURSEMENT ROSEWOOD PEN & PENCIL SE MAY 2011 ENERGY CHARGES CARWASHES COMBAT PISTOL TRAINING 10 -8 NEWSLETTER DAREN 18" PLUSH LION CA IMPOUND FEES /BOARDING - REPLENISH PETTY CASH ACC MAY 2011 RETURN W WEGENER UNIFORM ALLOWA C BRAGELMAN EQUIPMENT BE CHAPLAIN SHIRTS - LANDS VOLUNTEER EVENT - T SHIR VOLUNTEER APPRECIATION R CO D HAGER UNIFORM ALLOWANC HCT BUSHMASTER ARMORERS Total for Department 420 A & L SUPERIOR SOD C AMERICAN FASTENER & TDS METROCOM MN JOHNSTON FARGO CULVE C. W. HOULE, INC. CONNEXUS ENERGY MICKELSON, LESTER XCEL ENERGY T.A. SCHIFSKY AND SO U S BANK VISA QUAIL MANUFACTURING Total for AUTO- MEDICS, BAUER BUILT, BAUER BUILT, BAUER BUILT, BAUER BUILT, BAUER BUILT, INC. INC. INC. INC. INC. INC. O'REILLY AUTOMOTIVE, 5 ROLLS SOD HEX CAPS /BOLTS /NUTS /WASH MONTHLY PHONE CHARGES 18" 16GA 8' SPIRAL CULVE REPAIR CATCHBASINS MAY 2011 ENERGY CHARGES CLOTHING ALLOWANCE REIMB MONTHLY ENERGY CHARGES AC FINE ASPHALT /AC MODIF SPRINKLER HEAD - HOME DE SC12B REPLACEMENT BLADE Department 430 TOW OF '08 CHEV 3500 HD C TRANSFORCE AT BW # 207 CREDIT FIREHAWK BT PURSU DESTINATN LE OWL # 248 FH GT PURSUIT BW 98 W SKID STEER TRAILER /RADIA HUB /BRG ASSY - # 401 210.11 66.75 449.85 678.47 27.25 182.44 122.63 29.28 51.90 307.10 175.74 49.80 133.59 21.37 28.74 55.00 163.52 53.00 342.00 301.31 -35.00 69.98 199.75 138.00 559.14 401.95 109.85 500.00 5,794.92* 7.70 69.82 37.75 78.66 8,518.85 1,238.41 81.94 226.74 4,753.48 11.75 60.92 15,086.02* 198.18 514.32 - 711.13 473.49 200.35 440.19 184.68 P7 Dita 06/17/2011 Time: 12:36:13 Operator: KKF Department Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET O'REILLY AUTOMOTIVE, OIL FILTERS O'REILLY AUTOMOTIVE, OIL /TRANS FILTERS O'REILLY AUTOMOTIVE, TIRE GAUGE /AIR CHUCKS /AI ALTERNATOR & STARTER REPLACED CLUTCH PULLEY # ALTERNATOR & STARTER REPLACED REGULATOR # 248 EMERGENCY AUTOMOTIVE 4 CONDUCTOR 18 GAUGE #24 MTI DISTIBUTING, INC CABLE- THROTTLE -TORO GROU MTI DISTIBUTING, INC FILTER -OIL #141 FACTORY MOTOR PARTS BRK PAD KIT # 203 TOUSLEY FORD, INC. RF272/PW464 FOR # 368 COMO LUBE & SUPPLIES DUPER D PLUS 15W40 55 U S BANK VISA MOTOR FOR CANNON NOZEL # WALDOCH SPORTS, INC. IMATCH QUICK HITCH TRI -STATE BOBCAT, IN SHOP SUPPLIES LUBRICATION TECHNOLO 1700.0 GALLONS UNL LUBRICATION TECHNOLO 700.0 GALLONS ULS RED B5 Total for Department 431 GOVERNMENT BUILDINGS ACE SOLID WASTE, INC GOVERNMENT BUILDINGS DEEP ROCK WATER COMP GOVERNMENT BUILDINGS WIPERS & WIPES, INC. GOVERNMENT BUILDINGS AMERIPRIDE LINEN /APP GOVERNMENT BUILDINGS TDS METROCOM MN GOVERNMENT BUILDINGS C. P. OFFICE PRODUCT GOVERNMENT BUILDINGS CENTENNIAL UTILITIES GOVERNMENT BUILDINGS CONNEXUS ENERGY GOVERNMENT BUILDINGS DALCO, INC. GOVERNMENT BUILDINGS IMAGE PRINTING & GRA GOVERNMENT BUILDINGS XCEL ENERGY GOVERNMENT BUILDINGS STANSBERRY, KAY GOVERNMENT BUILDINGS PITNEY BOWES, INC. GOVERNMENT BUILDINGS PITNEY BOWES, INC. GOVERNMENT BUILDINGS SAM'S CLUB, INC. GOVERNMENT BUILDINGS U S BANK VISA GOVERNMENT BUILDINGS COMCAST GOVERNMENT BUILDINGS COMCAST RECYCLE CART /RUBBISH REM MONTHLY WATER /BOTTLE SER CASE KLEENEX ROLL TOWELS MONTHLY REPLACEMENT OF R MONTHLY PHONE CHARGES LASER LABELS MAY 2011 GAS USAGE MAY 2011 ENERGY CHARGES SOAP /SWIFFER WET CLOTHS PUBLIC SERVICE & PARK /RE MONTHLY ENERGY CHARGES CLOTHING ALLOWANCE REIMB E -Z SEAL FOR POSTAGE MAC POSTAGE MACHING RENTAL MAY 2011 CHARGES VENT CAPS /VENT PIPE LL CITY HALL INTERNET CH LL PUBLIC WORKS INTERNET GOVERNMENT BUILDINGS IKE'S PLUMBING & DRA REPAIR TO MENS LAV IN PO GOVERNMENT BUILDINGS STAPLES ADVANTAGE OFFICE SUPPLIES GOVERNMENT BUILDINGS ROSEVILLE, CITY OF JUNE 2011 PHONE CHARGES Total for Department 432 PARKS PARKS PARKS PARKS PARKS RECREATION RECREATION ACE SOLID WASTE, INC RECYCLE CART /RUBBISH REM CENTENNIAL UTILITIES MAY 2011 GAS USAGE CONNEXUS ENERGY MAY 2011 ENERGY CHARGES BIFF'S INC. MONTHLY RUBBISH REMOVAL • TerraMax, Inc. TAZO SEED TREATMENT Total for Department 450 ACTIVE NETWORK, INC. ACTIVENET ANNUAL RENEWAL SAM'S CLUB, INC. MAY 2011 CHARGES 47.99 47.56 53.64 122.91 80.16 110.49 14.62 57.63 57.11 306.93 546.08 244.13 302.99 56.49 5,625.15 2,357.47 11,331.43* 941.14 134.78 174.21 141.87 121.42 67.72 970.86 666.71 187.07 330.96 4,713.54 22.39 53.72 279.46 33.62 87.15 34.95 69.90 320.00 167.94 951.30 10,470.73* 256.08 66.06 67.33 526.47 75.00 992.94* 342.22 335.15 • Date: 06/17/2011 Time: 12:36:13 Operator: KKF • Department RECREATION RECREATION RECREATION RECREATION SOLID WASTE FORESTRY Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description PROGRAM REC ADULT SPORTS SAM'S CLUB, INC. U S BANK VISA U S BANK VISA ST. CROIX SCREENPRIN Total for APOGEE RETAIL, LLC Total for MIDWEST LANDSCAPES, Total for MAY 2011 RETURN PLAYGROUND SUPPLIES - MI PLAYGROUND SUPPLIES - OR COTTON TEE'S Department 451 VVA SPECIAL PICKUP Department 462 SPRING 2011 TREES Department 463 Total for Fund 101 GUTHRIE, NANCY SCHEIBLE, MARK DRIESSEN, REBECCA GUNDERMAN, KARI HOSFIELD, MICHELLE JENSON, RON LAHM, STACY STEFFENS, KATHRYN PROGRAM REFUND PROGRAM REFUND PROGRAM OVER CHARGED REF PROGRAM REFUND PROGRAM REFUND PROGRAM REFUND PROGRAM REFUND PROGRAM REFUND Total for Department LARSON ALLEN, LLP AUDIT OF 2010 FINANCIAL Total for Department 200 GOFF, DANIEL L. CONTRACTED SPORTS OFFICI Total for Department 202 CIAL EVENTS /TRIPS U S BANK VISA SENIOR OUTING - OLD LOG SPECIAL EVENTS /TRIPS PARK BUS COMPANY SENIOR TRANSPORTATION SE Total for Department 205 YOUTH INSTRUCTIONAL BURGER, LUANN JUNE - AUG 2011 DANCE SE Total for Department 207 YOUTH SPORTS OTHER OTHER • ALL STAR SPORTS, INC YOUTH SOCCER JERSEYS W/L Total for Department 208 Total for Fund 201 LARSON ALLEN, LLP AUDIT OF 2010 FINANCIAL Total for Department 499 Total for Fund 301 LARSON ALLEN, LLP AUDIT OF 2010 FINANCIAL Total for Department 499 Amount -35.00 88.72 172.65 52.00 955.74* 200.00 200.00* 5,140.15 5,140.15* 77,352.18* 10.00 10.00 5.00 10.00 10.00 10.00 10.00 55.00 120.00* 102.50 102.50* 352.50 352.50* 580.50 473.75 1,054.25* 482.40 482.40* 7,593.75 7,593.75* 9,705.40* 410.00 410.00* 410.00* 615.00 615.00* P9 Dill:006 /17/2011 Time: 12:36:13 Operator: KKF Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount Total for Fund 401 615.00* OTHER LARSON ALLEN, LLP AUDIT OF 2010 FINANCIAL 820.00 Total for Department 499 820.00* Total for Fund 406 820.00* OTHER NORTH VALLEY, INC. 2011 OVERLAY PROJECT 174,136.02 Total for Department 499 174,136.02* Total for Fund 421 174,136.02* OTHER LARSON ALLEN, LLP AUDIT OF 2010 FINANCIAL 102.50 Total for Department 499 102.50* Total for Fund 422 102.50* WATER INSTRUMENTAL RESEARC TOTAL COLIFORM BACTERIA 152.00 WATER NORTHERN AIR CORPORA REBUILT TWO & TESTED TOT 1,200.29 WATER TDS METROCOM MN MONTHLY PHONE CHARGES 111.80 WATER CENTENNIAL UTILITIES 2ND QTR 2011 SEWER & WAT 312.00 WATER CONNEXUS ENERGY MAY 2011 ENERGY CHARGES 626.88 WATER HAWKINS, INC. CHLORINE CYLINDERS 50.00 WATER LARSON ALLEN, LLP AUDIT OF 2010 FINANCIAL 1,435.00 WATER XCEL ENERGY MONTHLY ENERGY CHARGES 1,668.66 WATER HD SUPPLY WATERWORKS HYDRANT ROD /BARREL EXT K 8,587.33 WATER GOPHER STATE ONE -CAL MAY 2011 LOCATES 322.72 Total for Department 494 14,466.68* Total for Fund 601 14,466.68* SEWER CENTENNIAL UTILITIES 2ND QTR 2011 SEWER & WAT 160.56 SEWER CENTENNIAL UTILITIES MAY 2011 GAS USAGE 17.08 SEWER CONNEXUS ENERGY MAY 2011 ENERGY CHARGES 251.12 SEWER FRATTALLONE'S HARDWA POLY TARP & ROPE 14.41 SEWER LARSON ALLEN, LLP AUDIT OF 2010 FINANCIAL 2,460.00 SEWER METROPOLITAN COUNCIL JULY 2011 WASTEWATER SER 60,082.17 SEWER GOPHER STATE ONE -CAL MAY 2011 LOCATES 322.73 Total for Department 495 63,308.07* Total for Fund 602 63,308.07* BLUE TOW SERVICE, IN '99 CHEV BLAZER /CN 11 -12 132.76 SHARPER HOMES, INC. 7323 STAGE COACH TRL ESC 4,450.00 SHARPER HOMES, INC. 7898 CENTURY TRL ESCROW 2,950.00 ANOKA COUNTY LICENSE CN 10- 238907 /TITLE TRANS 20.00 ANOKA COUNTY LICENSE CN 11- 031765 /TITLE TRANS 20.00 T H CONSTRUCTION OF 509 PARK CT ESCROW RELEA 3,450.00 Total for Department 11,022.76* • • Date: 06/17/2011 Time: 12:36:13 Operator: KKF Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount Total for Fund 801 11,022.76* Grand Total 351,938.61* • • P11 P12 CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1 Check Issue Dates: 6/4/2011 - 6/17/2011 Jun 17, 2011 11:01AM Report Criteria: Report type: Summary GL Check Check Vendor Period Issue Date Number Number Description Payee 06/11 06/17/2011 4862 11565 06/11 06/17/2011 4863 20353 06/11 06/17/2011 4864 20390 06/11 06/17/2011 4865 20400 06/11 06/17/2011 4866 30480 06/11 06/17/2011 4867 30485 06/11 06/17/2011 4868 31008 06/11 06/17/2011 4869 40040 06/11 06/17/2011 4870 80400 06/11 06/17/2011 4871 120450 06/11 06/17/2011 4872 120490 06/11 06/17/2011 4873 180600 06/11 06/17/2011 4874 200150 06/11 06/17/2011 4875 240100 Grand Totals: ASPEN MILLS BLAINE BROTHERS, INC BROADWAY AWARDS, INC DAVID BRUDER CENTENNIAL UTILITIES CENTER MART COMCAST DEEP ROCK WATER COMPANY HEWLETT - PACKARD COMPAN CITY OF LINO LAKES LOFFLER COMPANIES, INC CITY OF ROSEVILLE THOMAS MOTORS, INC XCEL ENERGY UNIFORM E31 MTC & REPAIR SAFETY CAMP AWARDS PROPANE FOR CERT FIRE EXT STATION 1 UTILITIES FUEL INTERNET STATION 1 BOTTLED WATER COMPUTER MAY REIMBURSEMENTS COPIER MTC CONTRACT JT POWERS MIS 2010 F150 SERVICE ELECTRIC STATION 2 Check Amount 7.32 4,478.14 1,229.06 17.09 114.21 128.25 188.00 42.23 662.83 20, 826.18 165.65 655.58 69.63 432.28 29, 016.45 M = Manual Check, V = Void Check • • • CITY COUNCIL WORK SESSION June 6, 2011 DRAFT CITY OF LINO LAKES 2 MINUTES 3 4 DATE : June 6, 2011 5 TIME STARTED : 5:30 p.m. 6 TIME ENDED : 9:00 p.m. 7 MEMBERS PRESENT : Councilmember Gallup, O'Donnell, 8 Rafferty, Roeser and Mayor Reinert 9 MEMBERS ABSENT : None 10 11 Staff members present: City Administrator Jeff Karlson; Director of Administration Dan 12 Tesch; Director of Finance Al Rolek, Director of Public Safety John Swenson; Director 13 of Public Services Rick DeGardner; City Engineer Jim Studenski; Director of Community 14 Development Michael Grochala; Economic Development Coordinator Mary Alice 15 Divine; City Planner Jeff Smyser; City Clerk Julie Bartell 16 17 1. 2010 Annual Audit Report — LarsonAllen — Director of Finance Rolek 18 introduced Brady Hoffman of LarsonAllen who reviewed the results of their work on the 19 city's internal audit. (The results are summarized in written form on the record.) 20 21 2. Review of Strategic Planning Meetings (Dave Unmacht) - Mr. Unmacht, who 22 had facilitated the city's recent strategic planning, presented and reviewed a discussion 23 summary from the sessions. The document (on record) summarizes council and staff s 24 discussion about preserving the city's distinctive character, addressing challenges and 25 strategies for moving forward. Details of how goals are to be accomplished is really a 26 process that lies ahead. As a next step, he would envision the document going back to 27 city staff for review and then to the group to finalize action steps. The mayor noted that 28 he envisions a process of moving ahead piece by piece. A council member noted that 29 revenue will be required to get some elements moving and that's a discussion that needs 30 to occur first. Community Development Director Grochala suggested that, in the area of 31 street construction, it would be helpful for the council to receive a run down on the 32 current situation and then develop a strategy based on that. The mayor concurred with 33 such a strategy and asked that staff include recommendations as they come back for a 34 review. 35 36 Mr. Unmacht remarked that there is a need for commitment to follow through and so the 37 council should review the document to ensure they are comfortable with what's included. 38 It's important to keep the plan alive by including the strategies in ongoing work, adding it 39 to agendas and including periodic review. The mayor remarked that there must be 40 expectations: staff to council and council to staff. A council member suggested that the 41 plan be included on the city's website, to engage the public and also to gauge progress. 42 43 Administrator Karlson remarked that the plan comes down to the council's priorities. It 44 is clear that this city's staff has the experience and knowledge to move forward and they 45 will need the council's commitment to allow them to move. Mr. Unmacht added that, in P13 P14 CITY COUNCIL WORK SESSION June 6, 2011 DRAFT 46 his experience, structure and accountability is what will make things happen. Mr. 47 Karlson added that staff will use the document to make a plan, come back and get council 48 buy in and formulate a process to use the plan regularly. 49 50 3. American Legion Parking — Community Development Director Grochala 51 reported that staff has looked at the suggestion to join the American Legion parking lot 52 with the adjacent Centennial Fire District lot in order to gain needed parking for the 53 Legion. He has presented two options for expansion in his report but noted that neither 54 option appears to add much additional space. It doesn't appear that combining parking 55 will be a good option. 56 57 The council discussed the current situation of the Legion utilizing fire station parking 58 when it is not needed by the department and wondered about the possibility of a simple 59 lease associated with that use. The council directed staff to work with the Centennial 60 Fire District chief on the lease concept, understanding it would have to be very structured. 61 62 4. On- Street Parking Regulations — Community Development Director Grochala 63 explained that staff is responding to the council's request to address on- street parking 64 requirements as they relate to truck and equipment parking. Currently there are no 65 restrictions on such parking except for the city's overall winter parking restrictions and 66 zoning restrictions relating to parking on property. Staff has drafted a proposed 67 amendment to the city code that would prohibit parking of trucks exceeding a specified 68 weight as well as trailers, recreational vehicles and boats. The restrictions would apply 69 on all city streets, not just residential. 70 71 The council expressed some concern about the nature of the city and that it may not be 72 appropriate to restrict recreational vehicle and boat parking overall. Police Chief 73 Swenson noted that there will not be a perfect ordinance that addresses all problems 74 without over extending; there has to be an element of common sense used when enforcing 75 restrictions. There is the option of providing a permit (or exemption) from the rules 76 when requested for individual situations. The Chief noted that he is comfortable with the 77 proposed restrictions; whether or not they apply to recreational vehicles is a policy 78 decision for the council. 79 80 The council discussed the proposed restrictions and concurred that they will consider an 81 ordinance that prohibits truck parking (over a certain weight), as well as trailers and 82 recreational vehicles; they would like a waiver process included however. The ordinance 83 should not restrict boat or boat trailer parking. 84 85 6. LMCIT's Liability/Property /Casualty Insurance Program — Finance Director 86 Rolek offered a general explanation of the process used for claims through the League of 87 Minnesota Cities Insurance Trust. The League provides most cities in Minnesota with 88 insurance mainly because it is the most cost effective means. The city provides the 89 League with certain data upon which they determine a risk/premium and a deductible 90 ($1,000 for this city). When damage occurs and a claim is to be made, the city gets a 2 • • • CITY COUNCIL WORK SESSION DRAFT June 6, 2011 91 quote on repair, the repairs are cone and the city seeks reimbursement by the League. The 92 reimbursement process is generally quick and efficient. The program also includes a 93 surplus return element. 94 95 7. Legacy Act Grants — Economic Development Coordinator Divine reviewed her 96 written report that outlines the process and requirements for accessing Legacy Act funds. 97 She reviewed the types of activities that are eligible and amounts available. Most of the 98 funding isn't available for municipal projects but there is a possibility that eventually the 99 city could identify water projects that could qualify at some level. 100 101 Council Member Roeser noted that he had attended a meeting regarding the Legacy 102 Funds and heard about lots of projects that seem to be associated with cities. He will be 103 speaking with and, in some cases meeting with, the state and county elected officials for 104 the area to continue the discussion on how the city may benefit from Legacy Funding. 105 106 Staff will continue to try and work funding into projects. 107 108 8. Local Surface Water Management Plan proposal — Community Development 109 Director Grochala reported that staff has worked further with EOR, Inc. to get the costs 110 down that would be associated with a local water management plan. The city could pull 111 back from some of the planning areas and other components with the understanding that 112 they could well be accomplished further down the line Although there doesn't appear to 113 be an average cost, he has spoken with other cities and found that they are mainly in the 114 same range as what this city is looking at. 115 116 The council will consider the EOR, Inc. proposal at the next council meeting. 117 118 9. Weekly Progress Report — Administrator Karlson reviewed the Weekly Progress 119 Report. 120 121 5. Engineering RFP's - Community Development Director Grochala noted the 122 interview process of the three finalist firms for the engineering contract. Since the 123 council wanted a more direct comparison between the proposed fees, each firm was asked 124 to provide supplemental information. That more detailed information on tasks and 125 personnel had been previously distributed to the council. Each of the three firms is 126 qualified to serve as city engineer for this city. Mr. Grochala stated that he originally had 127 some concern about the retainer package offered by one firm, but he has spoken with 128 other cities they serve and has heard of absolutely no problem with it. He asked the 129 council to consider that the retainer amount would not be the full budget, however, since 130 there would definitely be some services required that are not included in the retainer 131 package. 132 133 Administrator Karlson noted that he has seen use of an in -house engineering technician 134 being a good approach in some other cities and he thinks that may be a consideration for 135 Lino Lakes in the future. The council decision now should be on current needs. 3 P15 P 1 6 CITY COUNCIL WORK SESSION June 6, 2011 DRAFT 136 137 Council Member Rafferty recused himself from the discussion as his work firm has had 138 some preliminary discussions with one of the firms. 139 140 The council concurred that a one year contract would be sought with the WSB firm. 141 Regular Council Agenda — The agenda was reviewed and there were no changes. 142 The meeting was adjourned at 9:00 p.m. 143 144 These minutes were considered, corrected and approved at the regular Council meeting held on 145 June 27, 2011. 146 147 148 149 150 Julianne Bartell, City Clerk Jeff Reinert, Mayor 151 4 • • • • • • COUNCIL MINUTES June 13, 2011 p 1 7 DRAFT CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : June 13, 2011 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:00 p.m. 8 MEMBERS PRESENT : Councilmember Gallup, O'Donnell, Rafferty, 9 Roeser, and Mayor Reinert 10 MEMBERS ABSENT 11 12 Staff members present: City Administrator Jeff Karlson; City Attorney Joseph Langel; Community 13 Development Director Michael Grochala; Finance Director Al Rolek; City Engineer Jim Studenski; 14 City Planner Paul Bengston; and City Clerk Julie Bartell 15 16 PUBLIC COMMENT 17 18 Bill Griffith, Attorney, spoke on behalf of his client, Mark Deets, who owns business property at 7301 19 Apollo Court. They have encountered a problem with trusses and lumber that is sometimes stored 20 outside of the building. They can move the lumber but need to have the trusses outside for a staging 21 period, although they are willing to screen the area in question. The mayor recommended that the 22 council review the matter at their next work session. 23 24 SETTING THE AGENDA 25 26 The agenda was approved as presented. 27 28 CONSENT AGENDA 29 30 Council Member Gallup moved to approve the Consent Agenda, Items 1A through 1E, as presented. 31 Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 32 33 ITEM ACTION 34 35 Consideration of Expenditures: 36 37 June 13, 2011 (Check No. 90828 - 38 90951, $299,559.62) Approved 39 40 Centennial Fire District (Check No. 4835- 41 4850, $5,193.49) Approved 42 43 May 23, 2011 Council Work Session 44 Minutes Approved 45 P18 COUNCIL MINUTES June 13, 2011 DRAFT 46 May 23, 2011 Council Meeting 47 Minutes Approved 48 49 Resolution No. 11 -55, Sale of Consumer 50 Fireworks Permit for Target Approved 51 52 Resolution No. 11 -57, Temporary Liquor, Cabaret 53 and Gambling permit for St. Joe's Summer Festival Approved 54 55 FINANCE DEPARTMENT REPORT, AL ROLEK 56 57 2A) Accept 2010 Annual City Audit by LarsonAllen LLP — Finance Director Rolek introduced 58 auditor representative Craig Popenhagen who presented the audit results in an abbreviated form 59 (presentation on file). 60 61 Council Member Roeser moved to accept the audit as presented. Council Member Gallup seconded 62 the motion. Motion carried on a unanimous voice vote. 63 64 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 65 66 3A) Resolution No. 11 -56, Renewal of Liquor, Wine, Beer and Dance Licenses — City Clerk 67 Bartell reported that liquor, wine, beer and dance licenses in the City of Lino Lakes are issued 68 annually and will expire on June 30, 2011. The council received a list of the establishments that have • 69 submitted renewal applications. Staff has been working with the applicants to put in place all 70 necessary information and documentation to meet state and local requirements for the license they 71 request. The Police Department completes background investigations and compliance checks for the 72 applicants and has indicated no new information that would lead to a recommendation of denial of 73 any licenses. 74 75 Council Member Rafferty moved to approve Resolution No. 11 -56 as presented. Council Member 76 Roeser seconded the motion. Motion carried on a unanimous voice vote. 77 78 PUBLIC SAFETY DEPARTMENT REPORT, JOHN SWENSON 79 80 There was no report from the Public Safety Department. 81 82 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 83 84 There was no report from the Public Services Department. 85 86 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 87 88 6A) 2010 Surface Water Management Program: 89 i. Resolution No. 11 -58, Projects Payment Request No. 3 (Final); 90 ii. Resolution No. 11 -59, Street Drainage Payment Request No. 3 (Final) 2 • • • • COUNCIL MINUTES June 13, 2011 P 1 9 DRAFT 91 City Engineer Studenski reported that staff is recommending that a final payment be approved for 92 both these elements of the city's Surface Water Management Program. Both projects are completed 93 satisfactorily. 94 95 Council Member Roeser moved to approve Resolution No. 11 -58 and 11 -59 as presented. Council 96 Member O'Donnell seconded the motion. Motion carried on a unanimous voice vote. 97 98 6B) First reading of Ordinance No. 13 -11 amending the Zoning Ordinance to include 99 temporary batch plants and similar as an interim use within certain districts — City Planner 100 Bengtson explained that in response to a request by local business Arnt Construction for permission 101 to establish a batch plant to serve the I35E project, staff has prepared an ordinance amendment that 102 would allow temporary batch plants in the zoning code with an interim use permit and under certain 103 conditions. The ordinance was reviewed and approved by the Planning and Zoning Board. 104 105 The mayor thanked staff for presenting an ordinance to address this situation. 106 107 Council Member O'Donnell moved to approve the first reading of Ordinance No. 13 -11 as presented. 108 Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 109 110 6C) First Reading of Ordinance No. 14 -11 Adding language to the Section 802 of the Lino 111 Lakes Code of Ordinances regarding On- Street Parking — Community Development Director 112 Grochala noted that the council has discussed the addition of on- street parking restrictions in order to 113 address a concern that has arisen. Currently there are no restrictions on such parking except for the 114 city's overall winter parking restrictions and zoning restrictions relating to parking on property. Staff 115 was directed and is returning to the council with an ordinance that would amend the city code to 116 prohibit parking of trucks exceeding a specified weight as well as trailers and recreational vehicles but 117 excluding boat parking. The restrictions would apply on all city streets, not just residential. A 118 waiver to the restrictions would become available through the Police Department in order to allow 119 parking under special short term circumstances. 120 121 Council Member Gallup moved to approve the first reading of Ordinance No. 14 -11 as presented. 122 Council Member Rafferty seconded the motion. Motion carried on a unanimous voice vote. 123 124 Council Member Rafferty thanked staff for coming forward with a solution to the on- street parking 125 situation. 126 127 6D) Resolution No. 11 -05, Preparation of Local Surface Water Management Plan - Community 128 Development Director Grochala explained that the city is required to prepare a Plan and has worked 129 with EOR, Inc. to develop a proposal to retain their services for preparation of the Plan. Funding for 130 the Plan would be derived from the city's Surface Water Management Fund. 131 132 The mayor noted that the original cost proposed for these services was higher but thanks to the 133 questioning of one council member, the work was reviewed and the cost lowered. 134 3 P20 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 COUNCIL MINUTES June 13, 2011 DRAFT Council Member O'Donnell moved to approve Resolution No. 11 -05 as presented. Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 6E) Resolution No. 11 -61, Preparation of a Professional Services Agreement with WSB and Associates — Community Development Director Grochala recalled that last year the council directed staff to begin a request for proposals process for delivery of city engineering services. An interview process resulted in three firms for final consideration. The council has selected the firm of WSB, Inc. for a contract. Staff is therefore requesting authorization to negotiate and prepare an appropriate agreement for future council consideration. Council Member Roeser moved to approve Resolution No. 11 -61 as presented. Council Member O'Donnell seconded the motion. Motion carried on a unanimous voice vote. Council Member Rafferty abstained from voting. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS The council recognized City Finance Director Rolek and his staff for the city's receipt of the excellence in financial reporting award. The award has been received for ten years in a row. Mr. Rolek and his staff also guided the city through a successful audit process and to recognition as a financially sound city. COMMUNITY CALENDAR Monday, June 27 4. Monday, June 27 Community Calendar— A Look Ahead June 14, 2011 through June 27, 2011 5:30 pm, Community Room Council Work Session 6:30 pm, Council Chambers City Council Meeting ADJOURN /CLOSED MEETING There being no further business at 7:00 p.m. Council Member Gallup moved to adjourn to a closed session being held to discuss labor negotiations. Council Member Rafferty seconded the motion. Motion carried on a unanimous voice vote. The council reconvened in the City Hall Council Work Room for the closed meeting. A recording of the meeting was made and will be retained in the Office of the City Clerk as required by state statute. These minutes were considered and approved at the regular Council Meeting on June 27, 2011. Julianne Bartell, City Clerk 4 Jeff Reinert, Mayor • • • AGENDA ITEM 1D STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: June 27, 2011 TOPIC Consider Resolution No. 11 -62, Approving 2011 -2012 Tobacco License Renewals VOTE REQUIRED: Simple Majority (3/5 Vote Required) BACKGROUND: All tobacco licenses in the City of Lino Lakes expire on June 30, 2011. Staff has been working with the license holders to put in place all renewal information so as to allow for Council consideration at this time. Attached is a list of the establishments that have submitted renewal applications. As indicated, the applicants have completed the necessary documentation and paid the fee that is required for the license. OPTIONS: 1. Adopt Resolution 11 -62 approving renewal of tobacco licenses for the period of July 1, 2011 through June 30, 2012. 2. Deny any or all of said licenses. ATTACHMENT: 1. 2011 Tobacco License Renewal List P21 P22 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 11 -62 APPROVING THE RENEWAL OF TOBACCO LICENSES FOR THE 2011/2012 LICENSING PERIOD WHEREAS, the licensing period for tobacco licenses in the City of Lino Lakes is one year, commencing on July 1 and ending on June 30 the following year; WHEREAS, the City Council is required to approve the renewal of tobacco licenses; WHEREAS, city staff has reviewed the renewal applications that have been submitted and verified that licensing requirements are met; WHEREAS, the city has completed the required background investigations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City of Lino Lakes hereby adopts Resolution No. 11 -62 approving the renewal of tobacco licenses as set forth in Exhibit A that is attached to this resolution. Adopted by the Council of the City of Lino Lakes this 27th day of June 2011. Jeff Reinert, Mayor Julianne Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gallup and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: • • • • • 2011 -12 Tobacco License Renewals Applicant License Type Background Fees License # Lakes Liquor, Inc. 7860 Lake Drive (55014) Tobacco X X T -11 -01 KLVZ Corporation (eff. 3/11) d /b /a Eagle Liquor 730 Apollo Drive, #190 (55014) Tobacco X X T -11 -02 Spirit Hills Wine & Liquor, Inc. d /b /a Spirit Hills Wine & Liquor 6501 Ware Road (55014) Tobacco X X T -11 -03 Holiday Stationstores d /b /a Holiday Stationstore #376 7509 Lake Drive (55014) Tobacco X X T -11 -04 Q. & S. Inc. d /b /a Lino Lakes Quik Stop 6501 Ware Road, Suite 360 (55014) Tobacco X X T -11 -05 Jason's Bobby & Steve's Auto World 7090 21st Av (55038) Tobacco T-11 -06 Fast Break 7601 Lake Drive (55014) Tobacco X X T -11 -07 Lino Lakes Liquor Barrel, Inc. 7997 Lake Drive, Suite 120 (55014) Tobacco X X T -11 -08 All approvals are contingent upon the applicant(s) finally meeting all state and local requirements. All approvals are for the period of July 1, 2011 through June 30, 2012 (except where noted otherwise) All licenses approved by the Council on June 27, 2011 (except where noted otherwise). P23 • • CONSENT AGENDA ITEM 1E STAFF ORIGINATOR: Al Rolek, Director of Finance DATE: June 27, 2011 TOPIC: Consideration of not waiving monetary limits on tort liability per MN Statute 466.04 VOTE REQUIRED: 3/5 BACKGROUND Each year, the City has the option of waving its monetary limits on tort liability to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage If the city does waive the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,500,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory limits apply would also be limited to $1,500,000, regardless of the number of claimants. If the city does waive the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. The city carries $1,000,000 in excess liability coverage ($1,000,000 per occurrence and annual limit). The City of Lino Lakes has never waived its' monetary limits on tort liability. OPTIONS 1. The City of Lino Lakes does not choose to waive its' monetary limits on tort liability established by Minnesota Statutes 466.04. 2. The City of Lino Lakes chooses to waive its' monetary limits on tort liability to the extent of the limits of the excess liability coverage obtained from the League of Minnesota Cities Insurance Trust. RECOMMENDATION Recommend option 1. P24 P25 SECTION I: LIABILITY COVERAGE WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: • If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000. on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. • If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,500,000. on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,500,000., regardless of the number of claimants. • If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. City of Lino Lakeccepts liability coverage limits of $ 2 , 5 0 0 , 0 0 0 - O ()from the League of Minnesota Cities Insurance Trust ( LMCIT). Check one: ® The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. ❑ The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting June 27 , 2 01 1 Signature Position Mayor Return this completed form to LMCIT, 145 University Ave. W, St. Paul, MN. 55103 -2044 • • • • AGENDA ITEM 3A STAFF ORIGINATOR: Dan Tesch, Director of Administration MEETING DATE: June 27, 2011 TOPIC: Position Reclassification VOTE REQUIRED: 3/5 BACKGROUND Over the past several months, City Administrator Jeff Karlson has been conducting an organizational assessment of City personnel. Over the next several weeks, a number of recommendations for changes to the organization will be brought to the Council for your approval. The first recommendation is that the Secretary B position in the Public Safety Department be reclassified to Records Technician. The Secretary B position already performs essentially the same functions as the Records /Evidence Technician. We are also recommending that "Evidence" be removed from this job title, leaving the department with two Records Technicians. The union has been advised of the reclassification. The reclassification of Secretary B to Records Technician will result in a wage increase of $1,617.00 for Lori Hawkinson in accordance with the AFSCME collective bargaining agreement. The new rate would be effective July 3, 2011. RECOMMENDATION Approve the reclassification of Secretary B in the Public Safety Department to Records Technician, effective July 3, 2011. P26 • AGENDA ITEM 6 -A STAFF ORIGINATOR: Mary Divine CITY COUNCIL DATE: TOPIC: June 27, 2011 Consideration of Resolution No. 11 -63 Approving 2011 Minnesota Laws, Ch. 112, Article 11, Section 18 Relating to a Tax Increment Financing District in the City of Lino Lakes VOTE REQUIRED: 3/5 BACKGROUND: The City sought special legislation from the state legislature that would extend the duration of Tax Increment Financing District No. 1 -10 through 2023 and devote the tax increment to payment of debt service on the Legacy at Woods Edge improvements and the 35W interchange. The special legislation was approved and signed into law. The special legislation includes the following provisions: 1. It allows the EDA to collect increment from TIF District No. 1 -10 through the end of 2023. This extension matches the period when the TIF Bonds will be paid off. Increment from TIF District No. 1 -10 would provide approximately $171,000 /year to protect our city residents from higher property taxes until the property is back on the tax roles. This will reduce the impact on residents by approximately $20 /year (based on a $200,000 home). 2. After February 1, 2011, all tax increment from this district must be used only to pay debt service on the Improvement Bonds or the TIF Bonds (or any future refunding bonds). 3. During the extended period, expenditures are exempt from the pooling and five year rules (Section 469.176, subd. 3), and from the requirement that increment must assist only manufacturing and related uses (Section 469.176, subd. 4c). These exemptions are necessary to permit the use of increment for the TIF Bonds and Improvement Bonds. This resolution takes formal action for City Council approval of the special legislation. RECOMMENDATION Staff is recommending approval of Resolution No. 11 -63 P27 P28 Council Member introduced the following resolution and moved its adoption: COUNTY OF ANOKA CITY OF LINO LAKES RESOLUTION NO. 11 -63 APPROVING 2011 MINNESOTA LAWS, CH. 112, ARTICLE 11, SECTION 18 RELATING TO A TAX INCREMENT FINANCING DISTRICT IN THE CITY OF LINO LAKES BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (the "City ") as follows: 1. It is hereby determined that: (a) 2011 Minnesota Laws, Chapter 112, Article 11, Section 18 (the "Special Law ") authorized the City to extend the duration of Tax Increment Financing District No. 1 -10 through December 31, 2023, subject to certain terms and conditions; (b) the Special Law is effective upon approval by a majority vote of the City Council, a majority vote of the Anoka County Board of Commissioners (the "County Board "), and a majority vote of the School Board of Independent School District No. 831 (the "School Board "), and filing a certificate with the Minnesota Secretary of State, all in accordance with Minnesota Statutes, Sections 469.1782 and 645.021, subd. 3; and (c) the City Council has determined that is in the best interest of the City and its residents to approve the Special Law. 2. The Special Law is hereby approved in all respects. 3. Upon receipt of certified copies of resolutions approving the Special Law by the County Board and the School Board, the City Clerk is authorized and directed to file with the Secretary of State such resolutions along with a certified copy of this resolution and the appropriate certificate in the form prescribed by the State attorney general. 4. City staff are authorized and directed to take all actions necessary to implement the Special Law and bring before this Council further proceedings as necessary in order to implement the Special Law. • • • • Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: • • P29 • • AGENDA ITEM 6B STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: June 27, 2011 TOPIC: Playground Easement Vacation - YMCA Public Hearing: First Reading of Ordinance Number 12 -11, vacating a playground easement at 7690 Village Drive (YMCA). VOTE REQUIRED: 4/5 Background The YMCA is requesting this vacation so an expansion of their onsite parking lot can occur. The YMCA is experiencing a decline in enrollment due to the lack of parking. This is mostly the result of the shared parking that would be constructed east of the existing improvements being delayed for an unforeseeable timeframe. The playground easement was intended to serve as a location for a tot lot for the entire Legacy development, but residential development has also stalled and the location of a tot lot could easily be included in the open space required of the eventual residential project(s). Parking Lot Expansion The parking lot expansion is being reviewed administratively for compliance with the Zoning Ordinance and the Lino Lakes Town Center Design & Development Guide. A site plan of the proposed expansion is attached to this request only for the purpose of demonstrating the impetus behind the playground easement vacation request. 4/5 Vote Per Minnesota Statute 462.356, whenever the City is acquiring or disposing of publicly owned interest in real property the P & Z Board is to make a recommendation as to compliance with the comprehensive municipal plan. However, if there is no relationship to the comprehensive plan, the city council can dispense with that requirement with a 2/3 vote. Hence the requirement of a 4/5 vote on this request. Recommendation Staff recommends approval of the First Reading of Ordinance No. 12 -11, vacating a playground easement at 7690 Village Drive. Attachments 1. Ordinance No. 12 -11 2. Site Plan submitted May 19, 2011 P30 P31 ORDINANCE NO. 12 -11 ORDINANCE VACATING A PLAYGROUND EASEMENT ON LOT 1 BLOCK 1 OF VILLAGE NO. 3 (YMCA). The City Council of the City of Lino Lakes, Minnesota does ordain: Section 1 Findings 1. The City Council of Lino Lakes has determined to vacate in its entirety the playground easement described as: A permanent easement for a play ground and recreational purposes over and across the following described parcel: Lot 1, Block 1, THE VILLAGE NO. 3, according to the recorded plat thereof, Anoka County, Minnesota. Said permanent easement for play ground and recreational purposes being that part of the above described parcel which lies within the following described area: Commencing at the southeast corner of said Lot 1, Block 1, THE VILLAGE NO. 3, according to the recorded plat thereof, Anoka County, Minnesota; thence on an assumed bearing of North 0 degrees 00 minutes 19 seconds West along the easterly line of said Lot 1 a distance of 446.76 feet to an angle point in said easterly line of Lot 1; thence North 89 degrees 33 minutes 45 seconds West, along the northerly and easterly line of said Lot 1, a distance of 108.94 feet to an angle point in said easterly line of said Lot 1; thence North 0 degrees 08 minutes 37 seconds East along said easterly line a distance of 85.00 feet to the point of beginning; thence continuing North 0 degrees 08 minutes 37 seconds East, along said east line of Lot 1, a distance of 95.00 feet to the most northerly and easterly corner of said Lot 1; thence North 89 degrees 33 minutes 45 seconds West, along the northerly line of said Lot 1 a distance of 95.00 feet; thence South 0 degrees 08 minutes 37 seconds West, 95.00 feet; thence South 89 degrees 33 minutes 45 seconds East, 95.00 feet to the point of beginning. Said permanent easement containing 9,025 square feet (0.207 acres) more or less 2. A public hearing was held on June 27, 2011 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and a reasonable attempt was made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and 3. The disposition of this property interest has no relationship to the comprehensive municipal plan and therefore the requirement of MN Statute 462.356 for a recommendation from the Planning & Zoning Board does not apply; and • It appears to be in the best interest of the City to vacate such playground easement; and 5. Four -fifths of all members of the City Council concur in this ordinance. Section 2 Easement Vacated The playground easement described herein is hereby vacated. Section 3 In Effect According to City Charter This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Attest: Julianne Bartell, City Clerk Jeff Reinert, Mayor • Adopted by the Lino Lakes City Council this 11th day of July 2011. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. • P32 atQj wop,Pusuoverwm, Lou- t.evi.59 01 az Ls-tap-to 01155 NW 'mle-i nes 0155116 P0011 0,011.1 I,Z5C 'DUI '6upaautBua UOSJel ELPSG NIN '5110e1b3NNINI CI ns NIclaNNBH ISP3 SZLZ SL a '311N3AY invd -is 1:131.V30 .d0 VONA 4— NOISNVdX3 10-1 ONIN I:1Vd VOIAI1 S3>IV-I JO NIVHO :•111/ P*Iel ; 1 " .,. 2 - -' t."1 -. - • ..t. a ento.ewy.,re. 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':.,:-. . • 1 ,... .. -.... • • • P35 AGENDA ITEM 6C STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: June 27, 2011 TOPIC: Temporary Batch Plants Second Reading of Ordinance 13 -11, Amending the Zoning Ordinance to add Temporary Batch Plants by Interim Use Permit under certain conditions. ii. Consider Resolution No. 11 -64, summarizing Ordinance No. 13 -11 for publication purposes. Background Arnt Construction has applied to amend the Zoning Ordinance to add Temporary Batch Plants as an Interim Use and to approve an Interim Use Permit for a Temporary Batch Plant at 2209 Phelps Road. The Temporary Batch Plant is intended to serve the 135E road construction project. Zoning Amendment - Temporary Batch Plant as Interim Use The language in the attached ordinance will add the use as allowable by Interim Use Permit in the Light Industrial, Rural, Rural- Executive, and Rural Business Reserve zoning districts. Included is a term to define the use and conditions /requirements that must be complied with for the use to be approved and performance standards for the use. The Planning and Zoning Board held a public hearing on this request June 8, 2011 and unanimously recommended approval. The City Council approved the First Reading of the Ordinance on June 13, 2011. Additionally, Resolution Number 11 -64 is attached, summarizing the ordinance for publication purposes. Recommendation Staff recommends approval of the Second Reading of the Zoning Ordinance Amendment as outlined in Ordinance No. 13 -11. ii. Staff recommends approval of Resolution No. 11 -64, summarizing Ordinance No. 12 -11 for publication purposes. Attachments 1. Ordinance No. 13 -11 2. Resolution No. 11 -64 P36 1st Reading: Publication: 2nd Reading: Effective: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 13 -11 AN ORDINANCE AMENDING THE ZONING ORDINANCE IN REGARDS TO TEMPORARY BATCH PLANTS. Section 1 Findings Section 2, Subdivision 1of the Zoning Ordinance requires consideration of possible adverse effects of a proposed zoning amendment and that the judgment of a proposed amendment to the Zoning Ordinance shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The proposed addition of Batch Plants as an interim use in the Light Industrial, General Industrial, Rural Business Reserve, Rural Executive and Rural zoning districts will allow the use temporarily for the development of roadways to and within the city. The use will require an Interim Use Permit, which means the use is temporary in nature and is therefore not inconsistent with the long term goals of the Comprehensive Plan. 2. The proposed use is or will be compatible with present and future land uses of the area. As a Batch Plant is temporary in nature this use will not cause compatibility issues with future land uses in the city. An Interim Use Permit will be required and will allow the City Council to review the specifics of each site and add conditions necessary to address potential negative impacts. 3. The proposed use conforms with all performance standards contained herein. • • • • • This ordinance establishes performance standards for the uses known as Batch Plants. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The Batch Plant sections of the zoning ordinance include performance standards that will prevent this use from overburdening the City's service capacity. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The Batch Plant sections of the zoning ordinance include performance standards that will prevent this use from overburdening the City's service capacity. The Lino Lakes Planning & Zoning Board held a public hearing on the Zoning Ordinance amendment on June 8, 2011, and recommended approval. Section 2 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that the following text be added to the Zoning Ordinance as Section 1, Subdivision 2: Batch Plant. A temporary facility /device that produces or processes concrete or asphalt for a specified construction project over a defined period of time. Section 3 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that the following text be added to the Zoning Ordinance as Section 3, Subdivision 16 (Temporary Batch Plants): Subd. 16. Batch Plants. A. Purpose. The purpose of this section is to provide standards for the establishment and use of Batch Plants intended to provide construction materials for a defined project within a limited timeframe. B. Application. In order to operate within the city a Batch Plant must be located within the Light Industrial, General Industrial, Rural Business Reserve, Rural Executive or Rural zoning districts, and must obtain an Interim Use Permit per Section 2. Subdivision 3. C. Requirements. In addition to the General Standards contained within Section 2.Subdivison 3, Temporary Batch Plants are also required to comply with the P37 P38 following conditions and performance standards in order to obtain an Interim Use Permit: 1) The Batch Plant shall be located on the site so as to minimize the disturbance of surrounding dwelling units or commercial businesses. 2) The Batch Plant shall maintain a 50 foot setback from any wetland. 3) The project intended to be served by the batch plant and a deadline for removal shall be clearly defined. 4) The Hours of Operation shall be clearly defined. 5) Access to and from the site shall be reviewed and approved by the City Engineer prior to any site disturbance. 6) A grading, erosion and sediment control plan shall be submitted and approved by the City prior to any site disturbance. 7) A Storm Water Pollution Prevention plan shall be submitted and approved by the City prior to any site disturbance. 8) A restoration plan shall be submitted and approved by the City prior to any site disturbance. 9) All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. 10)AIl applicable Rice Creek Watershed District requirements are satisfactorily met. 11)So as to maintain compatibility with the surrounding area and to protect the health, safety and general welfare of the public, the City Council may impose additional limitations, conditions or requirements as it deems necessary. 12)The operator and property owner shall enter into a Performance Agreement with the City, and financial sureties shall be posted prior to any site disturbance. Section 4 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that the Zoning Ordinance is hereby amended as follows (deleted text in strikeout, added text in underline): Temporary Batch Plants as regulated by Section 3.Subdivision 16 of this ordinance. Within the `Interim Uses' list in each of the following subsections: • • • • • • Zoning Zoning District Subsection District Subsection R Section 5, Subdivision 1.1.1 R -X Section 5, Subdivision 2.1.1 R -BR Section 9, Subdivision 2.K.1 GI Section 8, Subdivision 1.K.2 LI Section 8, Subdivision 2.K.1 Section 5 Zoning Ordinance and City Code Stand As Amended As above amended, the Zoning Ordinance shall stand as initially passed and previously amended. Section 6 In Effect According to City Charter This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Jeff Reinert, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 27th day of June 2011. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. P39 P40 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 11 -64 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 13 -11 FOR PUBLICATION WHEREAS, the City Council has approved the first and second reading of Ordinance No. 12 -11, amending the Zoning Ordinance regarding Temporary Batch Plants; and WHEREAS, Ordinance No. 12 -11 is lengthy and MN Statute 412.191 provides for a city to publish a summary of an ordinance, and WHEREAS, the City Council determines 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 RESOLVED THAT the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Passed by the Lino Lakes City Council this 27th day of June 2011. Jeff Reinert, Mayor ATTEST: Julie Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • • ATTACHMENT A, RESOLUTION 11 -64 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 13 -11 AN ORDINANCE amending the Zoning Ordinance sections regulating Temporary Batch Plants The purpose of amending these sections of the Zoning Ordinance is to clarify the temporary establishment of batch plants for construction projects. Section 1.Subdivision 2.B of the Zoning Ordinance will include definitions for the term `Batch Plant'. Section 3.Subdivison 16 of the Zoning Ordinance will include performance standards and conditions for the use `Temporary Batch Plants'. Section 5, Section 8, and Section 9 of the Zoning Ordinance will be modified to include the use `Temporary Batch Plants' within certain zoning districts and under certain conditions. Passed by the Lino Lakes City Council on June 27th, 2011. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. P41 • • P42 AGENDA ITEM 6D STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: June 27, 2011 TOPIC: Temporary Batch Plant — 2209 Phelps Road Consider Resolution No. 11 -60, approving an Interim Use Permit for a Temporary Batch Plant at 2209 Phelps Road. ii. Consider Resolution No. 11 -68, authorizing execution of Performance Agreement. Background Arnt Construction has applied to amend the Zoning Ordinance to add Temporary Batch Plants as an Interim Use and to approve an Interim Use Permit for a Temporary Batch Plant at 2209 Phelps Road. The Temporary Batch Plant is intended to serve the 135E road construction project. In reviewing an application for an Interim Use Permit, the city must consider the general standards included in the conditional use permit section (Section 2.Subd.2) of the zoning ordinance and any specific conditions within the ordinance for the use proposed. Interim /Conditional Use Permit general standards Staff has reviewed the application versus the general standards included in Section 2.Subdivision 2 of the Zoning Ordinance and has included findings in Resolution Number 11 -60 that support approval of the proposed use on this site. Interim Use Permit standards — Temporary Batch Plant The performance standards specific to the Temporary Batch Plant included in Ordinance 13 -11 are: 1) The Batch Plant shall be located on the site so as to minimize the disturbance of surrounding dwelling units or commercial businesses. The proposed site is surrounded by Light Industrial properties and is a substantial distance from any dwelling units and commercial businesses. 2) The Batch Plant shall maintain a 50 foot setback from any wetland. • The site does not have any wetlands within 50 feet of the proposed area of disturbance. P43 3) The project intended to be served by the batch plant and a deadline for removal shall be clearly defined. The Performance Agreement will include a termination date of 10/15/2011 or 30 days after the completion of the 135E reconstruction project whichever comes first. 4) The Hours of Operation shall be clearly defined. The Performance Agreement will include a clearly defined Hours of Operation. 5) Access to and from the site shall be reviewed and approved by the City Engineer prior to any site disturbance. The Performance Agreement will include an approved access plan for the project. 6) A grading, erosion and sediment control plan shall be submitted and approved by the City prior to any site disturbance. The Performance Agreement will include references to an approved grading, erosion and sediment control plan. 7) A Storm Water Pollution Prevention plan shall be submitted and approved by the City prior to any site disturbance. The Performance Agreement will include references to an approved storm water pollution prevention plan. 8) A restoration plan shall be submitted and approved by the City prior to any site disturbance. The Performance Agreement will include references to an approved restoration plan specific to the site. 9) All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. The Performance Agreement will include a condition requiring ongoing conformance to the Minnesota Pollution Control Agency guidelines. 10) All applicable Rice Creek Watershed District requirements are satisfactorily met. The Performance Agreement will include a condition requiring ongoing conformance to the requirements of the Rice Creek Watershed District. • • • • 11) So as to maintain compatibility with the surrounding area and to protect the health, safety and general welfare of the public, the City Council may impose additional limitations, conditions or requirements as it deems necessary. Considering the remote location of the site and the surrounding uses, staff does not have any special conditions it feels are necessary to protect the surrounding area. 12) The operator and property owner shall enter into a Performance Agreement with the City, and financial sureties shall be posted prior to any site disturbance. The Performance Agreement will include Arnt Construction (operator) and Paul Miller (property owner) as parties to the agreement and hold both liable for site reparations. Planning and Zoning Board The applicant's request for an Interim Use Permit at 2209 Phelps Road was recommended for approval by the Planning and Zoning Board on June 8, 2011 based on the conditions of approval included in Resolution Number 11 -64. Performance Agreement In accordance with City policy, staff has prepared a Performance Agreement for 2209 Phelps Road, Arnt Temporary Batch Plant. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit representing the development improvement costs. This includes grading of the site for the use, restoration of the site upon completion, and any repair /maintenance of the surrounding roadway associated with the use. 2. Deposit of a cash escrow to reimburse the City for costs incurred by the City related to the review and development of the site. The Developer has reviewed the contract and is aware of the conditions set forth. Recommendation Staff recommends approval of an Interim Use Permit for a Temporary Batch Plant at 2209 Phelps Road, subject to the conditions in Resolution No. 11 -60. ii. Staff recommends approval of Resolution No. 11 -68, authorizing the execution of a Performance Agreement for this project. Attachments 1. Resolution No. 11 -60 2. Resolution No. 11 -68 3. Performance Agreement 4. Arnt Site Plan submitted May 19, 2011 (with staff notes) P44 P45 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 11 -60 APPROVING AN INTERIM USE PERMIT FOR A TEMPORARY BATCH PLANT AS A PRINCIPAL USE IN A LIGHT INDUSTRIAL ZONING DISTRICT AT 2209 PHELPS ROAD WHEREAS, the City has received an application for an Interim Use Permit for a Temporary Batch Plant on the portion of the property at 2209 Phelps Road lying just east of Interstate 35W, and WHEREAS, Section 8, Subdivision 1.K of the zoning ordinance allows for a Temporary Batch Plant with an interim use permit, and WHEREAS, the City Council makes the following FINDINGS: Finding 1. Section 2, Subd. 3.0 of the zoning ordinance includes standards for all interim use permits. The proposed interim use permit complies with these standards as follows: C. General Standards. An interim use shall comply with the following: 1. Existing Uses. Existing uses shall be in conformance with zoning and building standards in effect at the time of initial construction and development, and may not be enlarged or expanded except under the terms for newly established uses, and shall continue to be governed by such regulations in the future. 2. New Uses. a. Meets the standards of a conditional use permit set forth in Section 2, Subd. 2 of this Ordinance. The proposed interim use permit for a Temporary Batch Plant complies with the conditional use permit standards as discussed in Finding 2 below. b. Conforms to the applicable performance standards of this Ordinance. • • • The performance agreement required for the site will stipulate conformance to all applicable performance standards, including the conditions specific to the use as included in Section 8, Subdivision 1.K or the Zoning Ordinance (per Ordinance Number 12 -11). c. The use is allowed in an interim use in the respective zoning district. With the adoption of Ordinance Number 12 -11, the Light Industrial zoning district includes Temporary Batch Plant as an Interim Use at Sec. 8, Subd. 1.K. d. The date or event that will terminate the use can be identified with certainty. The interim use permit will expire on October 15, 2011 or 30 days after the end of the Interstate 35E reconstruction project. e. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. No additional costs will be borne by the public. f. The user agrees to any conditions that the City Council deem appropriate for permission of the use. The applicant will be bound by the conditions approved by the City Council. The City Council has the option of denying the request. Finding 2. The general standard for interim use permits in Sect. 2, Subd. 3.C.2.a. incorporates the general standards for all conditional use permits as listed in Section 2, Subd. 2. The proposed interim use permit complies with these standards as follows: a. Meets the standards of a conditional use permit set forth in Section 2, Subd. 2 of this Ordinance. 7. Standards. The Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it finds the following criteria have been met: a. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan: The use proposed is Temporary in nature and therefore it will not cause any long term ramifications to the site or surrounding area. Therefore it is not inconsistent with the Comprehensive Plan. P46 P47 b. The proposed development application is compatible with present and future land uses of the area. The use proposed is Temporary in nature and therefore it will not cause any long term ramifications to the site or surrounding area. Therefore it is compatible with the present and future land uses of the area. c. The proposed development application conforms to performance standards herein and other applicable City Codes. The general and specific conditions of the Zoning Ordinance, including those proposed with the ordinance amendment, are all being met by the proposed plant. d. Traffic generated by a proposed development application is within the capabilities of the City when: The traffic generated by the proposed Temporary Batch Plant will be focused on the interchange and Interstate 35E. Therefore the capabilities of the city streets will not be exceeded. 9) The proposed development shall be served with adequate and safe water supply. The site will draw the necessary water from the two large water tanks that will be installed as part of the batch plant improvements. 10)The proposed development shall be served with an adequate and safe sanitary sewer system. The site will have temporary sanitary facilities for the workers, with timely pumping of tanks. No permanent system is proposed or necessary. 11)The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. The city will not need to expend any funds related to this temporary use. The Performance Agreement will outline all reparations that must be completed and hold the property owner and operator liable for said reparations. e. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or • • • the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. The Performance Agreement will outline inspection requirements and the city may revoke the Interim Use Permit if any violations or detrimental effects occur on the site as a result of this use. f. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. This use is temporary and is not in the immediate vicinity of any natural, scenic or historic feature that would be considered of major importance. b. Conforms to the applicable performance standards of this Ordinance. The performance standards specific to the Temporary Batch Plant included in Ordinance 13 -11 are: 13) The Batch Plant shall be located on the site so as to minimize the disturbance of surrounding dwelling units or commercial businesses. The proposed site is surrounded by Light Industrial properties and is a substantial distance from any dwelling units and commercial businesses. 14) The Batch Plant shall maintain a 50 foot setback from any wetland. The site does not have any wetlands within 50 feet of the proposed area of disturbance. 15) The project intended to be served by the batch plant and a deadline for removal shall be clearly defined. The Performance Agreement will include a termination date of 10/15/2011 or 30 days after the completion of the 135E reconstruction project whichever comes first. 16) The Hours of Operation shall be clearly defined. The Performance Agreement will include a clearly defined Hours of Operation. 17) Access to and from the site shall be reviewed and approved by the City Engineer prior to any site disturbance. The Performance Agreement will include an approved access plan for the project. P48 P49 18) A grading, erosion and sediment control plan shall be submitted and approved by the City prior to any site disturbance. The Performance Agreement will include references to an approved grading, erosion and sediment control plan. 19) A Storm Water Pollution Prevention plan shall be submitted and approved by the City prior to any site disturbance. The Performance Agreement will include references to an approved storm water pollution prevention plan. 20) A restoration plan shall be submitted and approved by the City prior to any site disturbance. The Performance Agreement will include references to an approved restoration plan specific to the site. 21) All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. The Performance Agreement will include a condition requiring ongoing conformance to the Minnesota Pollution Control Agency guidelines. 22) All applicable Rice Creek Watershed District requirements are satisfactorily met. The Performance Agreement will include a condition requiring ongoing conformance to the requirements of the Rice Creek Watershed District. 23) So as to maintain compatibility with the surrounding area and to protect the health, safety and general welfare of the public, the City Council may impose additional limitations, conditions or requirements as it deems necessary. Considering the remote location of the site and the surrounding uses, staff does not have any special conditions it feels are necessary to protect the surrounding area. 24) The operator and property owner shall enter into a Performance Agreement with the City, and financial sureties shall be posted prior to any site disturbance. The Performance Agreement will include Arnt Construction (operator) and Paul Miller (property owner) as parties to the agreement and hold both liable for site reparations. c. The use is allowed in an interim use in the respective zoning district. • P50 The proposed ordinance amendment would add `Temporary Batch Plant' to the Interim Uses list of the Light Industrial zoning district. d. The date or event that will terminate the use can be identified with certainty. The Performance Agreement will include a termination date of 10/15/2011 or 30 days after the completion of the 135E reconstruction project whichever comes first. Any variation from this clause will require consent by all parties involved, including the City Council. e. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. The Performance Agreement will include a termination date of 10/15/2011 or 30 days after the completion of the 135E reconstruction project whichever comes first. Additionally, securities will be collected guaranteeing that site reparations are completed. f. The user agrees to any conditions that the City Council deem appropriate for permission of the use. • The Performance Agreement may be written to include any conditions the City Council deems appropriate. Finding 3. The proposed interim use permit has been compared to and found to be consistent with the mitigation plan of the I -35E Corridor Alternative Urban Areawide Review. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves an Interim Use Permit for a Temporary Batch Plant subject to the following conditions of approval: Conditions of Approval 1. This interim use permit is for a Temporary Batch Plant. 2. This interim use permit is issued to and applies only to the property at 2209 Phelps Road, PID 243122420014, and only that part of the property that is north of Phelps Road. This interim use permit is issued to the property. 3. This interim use permit is effective 30 days after publication of Ordinance Number 13 -11. • 4. This interim use permit is effective until October 15, 2011 or 30 days after the Interstate 35E project is completed, whichever is sooner. 4. Prior to commencing the Batch Plant authorized by this interim use permit, a permit P51 or approval must be obtained from the Rice Creek Watershed District. 6. The repair of any damage to public roads caused by activity authorized by this interim use permit shall be the responsibility of the developer and property owner. A Performance Agreement shall be executed with appropriate financial securities. Until such an agreement is executed no work related to this interim use permit may begin. 7. Stormwater management measures must be implemented to the satisfaction of the City Engineer before and during activities authorized by this interim use permit. 8. This interim use permit shall be recorded against the property. Jeff Reinert, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 27th day of June 2011. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. 0 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 11 -68 RESOLUTION AUTHORIZING EXECUTION OF PERFORMANCE AGREEMENT, 2209 PHELPS ROAD, 'ARNT TEMPORARY BATCH PLANT' WHEREAS, the City Council approved Ordinance Number 13 -11, approving a zoning ordinance amendment creating `Temporary Batch Plant' as an interim use in certain zoning districts, and WHEREAS, the City Council adopted Resolution Number 11 -64, approving an interim use permit at 2209 Phelps Road for a Temporary Batch Plant. NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves the Performanc Agreement ,attached to this resolution as Attachment A, with the property owner of 2209 Phelps Road and the developer of the project, and authorizes the Mayor and City Clerk to execute such agreement on behalf of the city. • Jeff Reinert, Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 27th day of June 2011. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • P52 P53 ATTACHMENT A, RESOLUTION 11 -68 Performance Agreement to follow on Friday June 17, 2011. • • • • • • Memorandum To: City Council From: Paul Bengtson Date: June 24, 2011 Re: Item 6Dii — Amt Temp. Batch Plant Performance Agreement The following Performance Agreement should be attached as Attachment A to Resolution Number 11 -68, which will authorize execution of the agreement. In the process of negotiating the agreement, the developer has identified two issues they would like to discuss with the City Council. 1. Hours of Operation — the developer is proposing to operate between the hours of 5:00 am and 8:00 pm. Staff has included the standard 7:00 am — 7:00 pm hours of operation as included in most development agreements /performance agreements. (Page 8) 2. Securities — Staff has included a $500,000 letter of credit as a financial surety that the site is returned to its original state and the surrounding roads are repaired if damage occurs. The developer has agreements with MnDOT that may provide some security, but has not supplied to staff any documentation proving what mechanisms are in place. (Page 5) CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this day of , 2011, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", whose address is , hereinafter referred to as the "Property Owner" and , whose address is , hereinafter referred to as the "Developer ". WHEREAS, the Developer has received approval of an Interim Use Permit, hereinafter called the "Plans", by the City Council of the City on the 27th day of June , 2011, by Resolution No.11 -60 (Exhibit A) and in accordance with the Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property") described as follows: Insert legal description here Page 1 of 12 • NOW, THEREFORE, in consideration of the mutual promises of the parties made • • herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: I. DESIGNATION OF IMPROVEMENTS. A. Improvements on the project site to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "On -site Work ". B. Improvements off the project site to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Off -site Work ". II. DEVELOPER'S IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a Grading Plan. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: 1. Grading Plan a. A fmal site grading plan shall be submitted and approved by the City prior to commencement of any site grading. b. The grading plan and all site grading shall be provided and conducted in accordance with the plan as approved by the City, NPDES requirements and the Rice Creek Watershed District. The Developer shall perform the work in accordance with a Stormwater Pollution Prevention Plan in accordance with Minnesota Pollution Control Agency (MPCA) requirements. c. The Developer shall be responsible for securing all required site grading and development approvals and permits from all Federal, State, Regional and Local agencies with jurisdiction or as applicable prior to the commencement of site grading or construction. 2. Erosion Control Plan Page 2 of 12 a. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to commencement of site grading or construction. The erosion control plan shall also be subject to the approval of any other governmental agency having jurisdiction. b. The Developer shall submit a Turf Establishment Plan which details topsoil placement, seeding, mulching, fertilizing and watering. Said plan shall be approved by the City prior to commencement of site grading or construction. 3. Grading and Erosion Control Construction and Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.1 and II.A.2 as listed above. b) The Developer shall grade the site to within 0.2 foot of the grades shown on the approved Grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. c) All development shall conform to the natural limitations presented by the topography and soil of the property in order to create the best potential for preventing soil erosion. d) Erosion and siltation control measures shall be coordinated with the different stages of development as applicable. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. e) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. f) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. Page 3 of 12 • • • g) All disturbed areas shall be seeded using City seed specifications or sodded as designated per the plans. h) The storm water storage ponds and surface water drainage ways shall be graded prior to commencement of utility construction. i) Protect streets from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. The developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvements as proposed. k) The Developer shall restore the site to existing soil conditions. j) 4. The Developer shall promptly clear dirt and debris, within public right -of -ways, and drainage and utility easements, resulting from construction by the Developer, builders and contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance including street sweeping, storm sewer cleaning, ditch cleaning and pond dredging, resulting from the accumulation of said dirt and debris, until project completion. Warning sign shall be placed when hazards develop in streets to prevent public from traveling on same and directing attention to detours. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. 5. Other Construction a) In the event that damage to the streets or other City infrastructure result from said improvement work, the Developer shall be responsible for effecting said repairs, or the City shall withhold escrows or deposits as the City deems appropriate and necessary. b) The Developer shall provide a financial security or cash escrow to assure completion of the grading and restoration, in the event that the work is not completed by the Developer. Page 4 of 12 c) No burning of vegetation cleared during construction shall be allowed. 6. Developer's Improvements and estimated costs: Site Grading Site Restoration Road Repair/Maintenance Stormwater System Repair/Maintenance $ 50,000 $ 25,000 $ 400,000 $ 25,000 Total $ 500,000 7. Construction of Developer's Improvements a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) All Construction debris and trash shall be properly disposed of at the developer's expense and in a timely manner as determined by the City. 8. Construction Observation. a) The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City and County standards as a condition of City /County acceptance. In addition, the City and/or County shall have one or more inspectors inspect the work on a full or part-time basis. b) The Developer, its contractors and subcontractors, shall follow all reasonable instructions received from the City's /County inspectors. c) Prior to construction, the Developer or its engineer shall schedule a preconstruction meeting at a mutually agreeable time at the Lino Lakes City Hall, located at 600 Town Center Parkway, Lino Lakes, Minnesota with contractors, subcontractors, the City staff, and other parties specified by the City to review the program for the construction work. Page 5 of 12 • • • • • • 9. The Developer shall be required to obtain all necessary permits and approvals from all governmental agencies as required, including necessary right -of -way, temporary easements, or permanent easements for the construction. 10. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred twenty -five (125 %) percent of the total estimated cost of Developer's Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of Page 6 of 12 the requested reduction. Prior to the final acceptance of the Developer's Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be determined by the City Engineer. III. CITY IMPROVEMENTS A. No City improvements are proposed under this project IV. RECORDING AND RELEASE A. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the property described on Page 1 hereof. Upon completion of the project to the City's satisfaction, the City shall provide to Developer release from the terms and conditions of this Development Contract subject to provisions contained in this contract. V. 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 Administrator or his designee for the payment of all costs incurred by the City related to the development of this project and the Developer Improvements including, but not limited to, the following: Administration (Legal, Engineering, Planning, $5,000 Environmental, and Contract Administration) Land Use Application Review (Estimate) $400 Total Escrow Required: $5,400 Total Escrow Required: Less the Balance of Existing Escrow $5,400 $4,900 Escrow Deposit Required: $ 500 B. If the above escrow amounts are insufficient, the developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow. Page 7 of 12 • • • VI. HOURS OF CONSTRUCTION ACTIVITY • A. All construction activity shall be limited to the hours set out by City Council as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 4:30 p.m. Sunday and Holidays No working hours allowed VII. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. VIII. REIMBURSEMENT OF COSTS 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. IX. VALIDITY A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. X. GENERAL A. Binding Effect Page 8 of 12 1. 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. B. Notices 1. 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 mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. D. Conditions Staff will insert conditions of approval from the City Council upon approval of the Interim Use Permit and Zoning Ordinance Amendment XI. VIOLATIONS/BUILDING PERMITS A. In the 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 project until such time as such default has been corrected to the satisfaction of the City. XII. COMPLETION DATE. All activity associated with this project, including restoration of the site to its original state, shall be completed by either October 15, 2011 or 30 days after the completion of the project for which the plant is intended to serve, whichever comes sooner. If such activity is not completed, the City may exercise any remedies as set forth in Section VII., unless an extension is granted by the City. XIII. REMEDIES FOR BREACH Page 9of12 • • • • • • A. The City shall give prior notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within ten (10) days after such notice to it, the Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured, the City will proceed with the remedy it deems appropriate. B. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may in writing direct the surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. 2. Completion by the City. The City, after notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal to the estimated cost of completing the Work, plus the City's estimated expenses as defined herein, including any other costs, expenses, and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be returned to the Developer. XIV. OCCUPATION OF PREMISES Page 10of12 The Developer agrees that it will not cause to be occupied any portion of the building or improvements to be constructed upon the premises until completion of the building and site improvements as more fully described in the approved plans. DEVELOPER CITY OF LINO LAKES By Developer Mayor PROPERTY OWNER ATTEST: By Property Owner City Clerk STATE OF MINNESOTA COUNTY OF ANOKA On this day of , 2011, before me, a Notary Public within and for said County, personally appeared Jeff Reinert and Julie Bartell, to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA COUNTY OF ANOKA On this day of , 2011, before me, a Notary Public within and for said County, personally appeared (Property Owner), who executed the foregoing instrument. Page 11 of 12 • IllNotary Public • • STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 2011, before me, a Notary Public within and for said County, personally appeared (Developer), who executed the foregoing instrument. Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Page 12of12 • • • — 11 a a flj • In ;9 :11 ,--12•4t I4M/4 521/4 I Sea 24. UK 2225 OLD I OTTER( t LAKE ROAD 5? 14• -.- ; e a PC 1 2 R.t the 514.1 Nn5/4 5E1/4 rxm 1422W ------ 'eai2S7.1 PROPOSED STOCOPILES Oft -\--PROPOSED SILT FENCE -Cntrele CI■to - 9115,71155u' 0 a ---- 1 --------- Surface. 5 I I sl P 0 ill d7@i T" PcID IMP1111[111111P 3' 3' II i -; 8 ';r1 c 15 =1-2Z--59224- • • • AGENDA ITEM 6E STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: June 27, 2011 TOPIC: Resolution No. 11 -65, Approving Change Order #1 and Partial Payment #1, 2011 Street Overlay Project Vote Required: Simple Majority BACKGROUND: Sealed bids were received and publicly opened at 11:30 a.m. on March 30, 2011. The contractor, North Valley, Inc. was awarded the contract at $ 298,100.50. The Engineer's Estimate was $ 318,930.00. After the award of the contract, culvert work was added and deleted from the original project. The change in work has resulted in a decrease in the contract of $1,105.50 for a total of $296,995.00. Attached is a copy of Pay Estimate 1R and Change Order 1R. North Valley, Inc. is in agreement with the change of work. The final completion date for this project is July 31, 2011. RECOMMENDATION: Staff recommends that Resolution No. 11 —65 Approving Partial Payment and Change Order for the 2011 Street Overlay Project be adopted. P54 P55 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 11 -65 RESOLUTION APPROVING PARTIAL PAYMENT AND CHANGE ORDER, 2011 STREET OVERLAY PROJECT WHEREAS, pursuant to an advertisement for bids for the construction of 2011 Street Overlay Project, bids were received, opened and tabulated according to law, WHEREAS, changes were made to the original contract as described in Change Order #1, AND WHEREAS, North Valley, Inc was awarded the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to approve payment #1 and change order #1for the construction of the 2011 Street Overlay Project according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. Jeff Reinert, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 27th day of June, 2011. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • TKDA ENGINEERING • ARCHITECTURE • PLANNING The right time. The right people. The right eompariS P56 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 (651) 292-4400 (651) 292-0083 Fax www.tkda.com Proj. No. 14817.002 Cert. No. 1R St. Paul, MN, June 15 , 2011 To City of Lino Lakes, Minnesota This Certifies that North Valley, Inc. For 2011 Overlay Project Is entitled to One Hundred Seventy Four Thousand One Hundred Thirty Six Dollars and 02/100 ($ 174,136.02) Owner , Contractor being 1st- Revised estimate for partial payment on contract with you dated April 11 Received .aymentirr-ftr11 of above Certificate. North Valley, Inc. , 2011 TKDA , 2011 es E. Studenski, P.E. RECAPITULATION OF ACCOUNT An Employee Owned Company Promoting Affirmative Action and Equal Opportunity CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras $ 298,100.50 All previous payments $ - All previous credits Change Order No. 1 $ (1,105.50) $ - AMOUNT OF THIS CERTIFICATE $ 174,136.02 Totals $ 296,995.00 $ 174,136.02 $ - Credit Balance $ - There will remain unpaid on contract after payment of this Certificate $ 122,858.98 $ 296,995.00 $ 296,995.00 $ - An Employee Owned Company Promoting Affirmative Action and Equal Opportunity P57 Estimate No. 1R Contractor Project Location TKDA Engineers - Architects - Planners Saint Paul, Minnesota 55101 PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS • Period Ending June 15 , 20 11 Page 1 of 1 Proj. No. 14817.002 North Valley, Inc. Original Contract Amount $298,100.50 2011 Overlay Project City of Lino Lakes, Minnesota Total Contract Work Completed Total Approved Credits Total Approved Extra Work Completed Approved Extra Orders Amount Completed Total Amount Earned This Estimate Less Approved Credits Less 5 % Retained Less Previous Payments Total Deductions Amount Due This Estimate Engineer North Valley, Inc. James E. Studenski, P.E. 0.00 0.00 9,165.05 0.00 183,301.07 0.00 0.00 183,301.07 • 9,165.05 174,136.02 Date /720/( Date -/5 - zoI/ • • • • PAYMENT ESTIMATE NO. 1R PERIOD ENDIN( June 15, 2011 P58 2011 OVERLAY PROJECT CITY OF LINO LAKES, MINNESOTA TKDA PROJECT NO. 14817.002 ITEM NO. GENERAL DESCRIPTION QUANTITY UNIT AMOUNT QUANTITY UNIT TO DATE PRICE TO DATE 1 MOBILIZATION 1 LS 1.0 $ 6,600.00 $ 6,600.00 2 TRAFFIC CONTROL 1 LS 1.0 $ 1,000.00 $ 1,000.00 3 TOPSOIL BORROW WITH SEED 180 CY 14.0 $ 5.00 $ 70.00 4 SODDING 100 SY 0.0 $ 4.10 $ 5 EROSION CONTROL BLANKET CATEGORY 3 WITH SEED 600 SY 255.0 $ 1.30 $ 331.50 6 SILT FENCE 200 LF 260.0 $ 2.58 $ 670.80 7 BIODEGRADEABLE FIBER EROSION CONTROL ROLLS 60 LF 98 $ 3.75 $ 367.50 SUBTOTAL GENERAL $ 9,039.80 STORM SEWER AND WATER QUALITY 8 REMOVE 15" CMP CULVERT 9 REMOVE 30" RCP CULVERT 10 REMOVE AND DISPOSE OF CATCH BASIN 11 INSTALL 15" RCP STORM SEWER 12 INSTALL 15" RCP FES 13 INSTALL 30" RCP STORM SEWER 14 INSTALL 30" RCP FES 15 CONSTRUCT 4' CURB CUT 16 CONSTRUCT INFILTRATION DITCH WITH NATIVE SEEDING 17 REHABILITATE CATCH BASINS SUBTOTAL STORM SEWER AND WATER QUALITY STREET 100 LF 170.0 $ 7.25 $ 1,232.50 6D LF 0.0 $ 10.30 $ 2 EA 0.0 $ 206.00 $ 100 LF 160.0 $ 30.00 $ 4,800.00 4 EA 5.0 $ 570.00 $ 2,850.00 60 LF 0.0 $ 59.00 $ 2 EA 0.0 $ 775.00 $ 4 EA 0.0 $ 250.00 $ 250 LF 0.0 $ 11.00 $ 13 EA 13.0 $ 335.00 $ 4,355.00 $ 13,237.50 18 ADJUST GATE VALVE 19 ADJUST MANHOLE 20 RECLAIM BITUMINOUS 21 HAUL OUT EXCESS MILLINGS (LV) 22 RESHAPE MILLINGS (3% CROWN) 23 SAW CUT BITUMINOUS 24 SAWCUT CONCRETE 25 REMOVE BITUMINOUS DRVEWAY PAVEMENT 26 REMOVE CONCRETE DRIVEWAY PAVEMENT 27 SUBGRADE EXCAVATION 28 SELECT GRANDULAR BORROW 29 GEOTEXTILE STABILIZATION FABRIC 30 AGGREGATE BASE FOR DRIVEWAYS 31 BITUMINOUS BASE CORSE 2360 (LVNW 35030) 32 BITUMINOUS MATERIAL FOR TACK COAT 33 BITUMINOUS WEARING COURSE 2360 (LVWE 45030) 34 BITUMINOUS CURBING 35 BITUMINOUS DRIVEWAY PAVEMENT 36 6" CONCRETE DRIVEWAY PAVEMENT SUBTOTAL STREET 1 EA 0.0 $ 206.00 $ 1 EA 1.0 $ 375.00 $ 375.00 19,700 SY 17996.0 $ 0.69 $ 12,417.24 1,000 CY 1236.0 $ 6.95 $ 8,590.20 58 RS 58 $ 160.00 $ 9,280.00 300 LF 240.0 $ 2.50 $ 600.00 75 LF 0.0 $ 4.50 $ 180 SY 0.0 $ 4.85 $ 120 SY 0.0 $ 8.00 $ 122 CY 108.0 $ 11.00 $ 1,188.00 122 CY 108.0 $ 15.00 $ 1,620.00 500 SY 0.0 $ 2.00 $ 90 TN 0.0 $ 16.50 $ 2,330 TN 2304.5 $ 48.85 $ 112,574.33 990 GAL 0.0 $ 3.50 $ 1,760 TN 0.0 $ 55.85 $ 450 LF 0.0 $ 3.50 $ 180 SY 0 $ 16.50 $ 50 SY 0.0 $ 48.85 $ $ 146,644.77 CHANGE ORDER NO. IR 1 BITUMINOUS CURB REMOVAL LF 874 $ 3.50 $ 3,059.00 2 INLET PROTECTION EA 16 $ 150.00 $ 2,400.00 3 CLEARING AND GRUBBING EA 5 $ 250.00 $ 1,250.00 4 INSTALL CATCH BASIN STRUCTURES EA 2 $ 2,950.00 $ 5,900.00 5 INSTALL CASTINGS EA 2 $ 885.00 $ 1,770.00 6 RIP RAP (CLASS 3) CY 0 $ 300.00 $ TOTAL CHANGE ORDER NO. 1R $ 14,379.00 TOTAL PAYMENT ESTIMATE NO. 1 REVISED $ 183,301.07 P59 CHANGE ORDER TKDA Engineers - Architects - Planners Saint Paul, MN June 15 20 11 Proj. No. 14817.002 Change Order No. 1R To North Valley, Inc., 20015 Iguana St NW, Suite 100, Nowthen, Minnesota 55330 for 2011 Overlay Project for City of Lino Lakes, Minnesota You are hereby directed to make the following change to your contract dated April 11 , 20 11 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (decrease) (nog z) the contract sum by: One Thousand One Hundred Five Dollars and 50 /100 ($1.105.50). This change order provides for changes in the work of this contract according to the attached itemization. NET CHANGE = Amount of Original Contract Additions approved to date (Nos ) Deductions approved to date (Nos. ) Contract amount to date Amount of this Change Order (Add) (Deduct) (No Change) Revised Contract Amount Approved TKDA City of Lino Lakes, Minnesota By By a/irl-*A'1.- Approved North Valley, Inc. $ (1,10550) $ 298,100.50 $ 298,10050 $ (1,105.50) $ 296,995.00 mes E. Studenski, P.E. White - Owner Pink - Contractor Blue - TKDA • • • CHANGE ORDER NO. 1R 2011 OVERLAY PROJECT S!TY OF LINO LAKES, MINNESOTA TKDA PROJECT NO. 14817.002 ITEM NO. DESCRIPTION June 14, 2011 P60 UNIT CONTRACT UNIT QUANTITY PRICE AMOUNT 1 Bituminous Curb Removal LF 874 $ 3.50 $ 3,059.00 2 Inlet Protection EA 16 $ 150.00 $ 2,400.00 3 Clearing and Grubbing EA 5 $ 250.00 $ 1,250.00 4 Install Catch Basin Structures EA 2 $ 2,950.00 $ 5,900.00 5 Install Castings EA 2 $ 885.00 $ 1,770.00 6 Rip Rap (Class 3) CY 0 $ 300.00 $ 7 Remove 30" RCP Culvert LF -60 $ 10.30 $ (618.00) 8 Remove and Dispose of Catch Basin EA -2 $ 206.00 $ (412.00) 9 Install 30" RCP Storm Sewer LF -60 $ 59.00 $ (3,540.00) 10 Install 30" RCP FB EA -2 $ 775.00 $ (1,550.00) 11 Remove Subgrade Excavation CY -122 $ 11.00 $ (1,342.00) 12 Select Granular Borrow CY -122 $ 15.00 $ (1,830.00) 13 Construct 4' Curb Cut EA -4 $ 250.00 $ (1,000.00) 14 Construct Infiltration Ditch with Native Seed LF -250 $ 11.00 $ (2,750.00) 15 6" Concrete Driveway Pavement SY -50 $ 48.85 $ (2,442.50) $ TOTAL CHANGE ORDER NO. 1R $ (1,105.50) • • P61 AGENDA ITEM 6F STAFF ORIGINATOR: Michael Grochala COUNCIL MEETING DATE: June 27, 2011 TOPIC: i. Consider 2nd Reading Ordinance No. 14 -11, On- street Parking Requirements ACTION REQUIRED: BACKGROUND: II. Consider Resolution No. 11 -66 Approving Summary Ordinance for Publication Simple Majority Following receipt of a resident complaint regarding on- street parking of construction vehicles the City Council requested an overview of existing on- street parking requirements. The City Council reviewed existing on- street and off- street parking requirements at the May 2, 2011 work session. Council directed staff to draft an ordinance prohibiting certain vehicles from parking on city streets. A draft ordinance was presented to the council at the June 6, 2011 work session. Following review and discussion the council directed staff to place the ordinance on the June 13 council meeting agenda for consideration. The City Council approved the first reading of the ordinance on June 13, 2011. If approved, the ordinance will be in effect 30 days after publication. ANALYSIS Existing Requirements Section 802 of the City Code establishes requirements for on- street parking. The City's winter parking restrictions, found in Section 802.06 of the code, are the only requirements that limit parking on city streets. These requirements are only applicable from November to April and limit on- street parking between the hours of 2:00 a.m. and 6:00 a.m. The City Zoning Ordinance regulates the parking of vehicles on rural or residential property. The ordinance prohibits parking vehicles exceeding 11,075 pounds on a residential property unless an administrative permit has been issued complying with certain conditions. No requirements are established specifically for construction vehicles. Nor do the zoning requirements regulate on- street parking. The Zoning Ordinance does require that all personal property in a residential zoning district be stored within a building or fully screened so as not to be visible from adjoining P62 properties and public streets with exceptions. Construction equipment, not being currently used on the premises, must be kept indoors or be screened from view. Proposed Amendments Staff has drafted a proposed amendment to Section 802 of the City Code relating to on- street parking requirements. The proposed amendment would prohibit parking of trucks exceeding 12,000 pounds licensed gross vehicle weight (weight of vehicle plus carrying capacity), trailers and similar sized vehicles including recreational vehicles, on public streets. The ordinance is not limited to residential districts but rather applies uniformly across the city. The ordinance does allow for vehicles of this type to park on- street if actively loading, unloading or performing a service. Boat and boat trailer parking is exempted from the ordinance requirements. Additionally, the ordinance provides for a recreational vehicle on- street parking waiver, available through the police department. The waiver would allow limited parking of recreational vehicles (two week maximum in a calendar month) subject to certain evaluation factors. The gross vehicle weight rating (12,000 pounds) is slightly higher than what is allowed by the zoning ordinance requirements regarding off - street parking. This threshold generally separates single rear wheel trucks such as a Ford F -350 from a similar dual rear wheel vehicle. For example the gross vehicle weight rating for a single rear wheel Ford F -350 can approach 11,500 pounds. A dual wheel version of the same truck begins at 12,600. RECOMMENDATION: Staff is recommending adoption of Ordinance No. 14 -11. Staff is recommending adoption of Resolution No. 11 -66, approving a summary of the ordinance for publication. ATTACHMENTS 1. Ordinance No. 14 -11 2. Resolution No. 11.66 • • • • 1St Reading: 2nd Reading: Publication: Effective: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 14 -11 AMENDING TITLE 800, CHAPTER 802 OF THE LINO LAKES CODE OF ORDINANCES RELATING TO ON- STREET PARKING. The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain: Section 1. That Chapter 802, Section 802.07 of the Lino Lake Code of Ordinances is hereby established. § 802.07 Truck and Equipment Parking (1) Definitions. For the purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning. Bus. Motor vehicle designed for carrying more than 15 passengers including the driver and used for transporting persons. Manufactured home. A structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Passenger automobile. Any motor vehicle designed and used for carrying not more than 15 individuals, including the driver. (a) "Passenger automobile" does not include motorcycles, motor scooters, buses, school buses, or commuter vans. Except as provided in paragraph (b), a vehicle with a gross vehicle weight rating of 9,000 to 13,000 pounds that is a pickup truck or a van is not a passenger automobile. (b) "Passenger automobile" includes, but is not limited to a vehicle that is: 1. a pickup truck or a van, 2. not used in furtherance of a commercial enterprise, and 3. not subject to state or federal regulation as a commercial motor vehicle. P63 P64 Recreational vehicle. Travel trailers including those that telescope or fold down, chassis - mounted campers, motor homes, tent trailers, and converted buses that provide temporary human living quarters. Semitrailer. A vehicle of the trailer type so designed and used in conjunction with a truck- tractor that a considerable part of its own weight or that of its load rests upon and is carried by the truck - tractor and shall include a trailer drawn by a truck - tractor semitrailer combination. Special mobile equipment. Every vehicle not designed or used for the transportation of persons or property and only incidentally operated or moved over a highway. Special mobile equipment includes, but is not limited to: ditch - digging apparatuses, pump hoists and other water well - drilling equipment, other road construction or road maintenance machinery, aggregate processing and conveying equipment, truck - mounted log loaders, and self - propelled cranes. Tractor. Any motor vehicle designed or used for drawing other vehicles but having no provision for carrying loads independently. Trailer. Any vehicle designed for carrying property or passengers on its own structure and for being drawn by a motor vehicle but shall not include a trailer drawn by a truck- tractor semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. Truck. Any motor vehicle designed and used for carrying things other than passengers. Truck- tractor. A motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn. (2) It shall be unlawful for any person to park, or permit to be parked, on any public street a truck in excess of 12,000 pounds licensed gross vehicle weight, a truck tractor, semitrailer, bus, manufactured home, recreational vehicle, special mobile equipment, or trailer. (3) This section shall not apply to any motor vehicle which is actively loading, unloading or performing a service. (4) No auxiliary motors or engines on any vehicle shall be allowed to operate except when actively loading, unloading or are being used to perform a service. (5) Boats and boat trailers are exempt from the provisions of Section 802.07 (2). (6) Recreational vehicle on -street parking waiver. When undue hardship may result from strict compliance with the parking restrictions above, a parking waiver may be issued by the Chief of Police or his/her designated representative as provided herein upon application therefore by the owner of the vehicle. • • • P65 • (7) Issuance of temporary waiver. The following factors shall be considered when issuing a recreational vehicle temporary on -street parking waiver: • (a) Zoning Compliance. The applicant cannot park on the property upon which his/her residence is located without violating the zoning laws relating to permitted off - street parking areas or that the applicant cannot reasonably or legally drive the subject vehicle to any other place on the property where his residence is located without violating the zoning laws relating to off - street parking. (b) Public health, safety and general welfare. Granting of the permit would not present an unreasonable threat to the public health, safety and general welfare. (c) Length of waiver. The waiver shall be for a length of time not to exceed two weeks in any calendar month. (d) Release of liability. The city shall incur no liability for any damages to a vehicle parked on a city street per a waiver for on -street parking. (e) Records. The Police Department will maintain a record of parking waivers including the nature of the request and the time period for which the parking waiver was allowed. Section 2. Effective This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Jeff Reinert, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this th day of , 2011. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: • Whereupon said ordinance was declared duly passed and adopted. P66 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 11 -66 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 14 -11 FOR PUBLICATION WHEREAS, the City Council has approved the first and second reading of Ordinance No. 14 -11, amending City Code Chapter 802, establishing prohibitions for on- street parking and WHEREAS, Minnesota State Statute 412.191 provides for a city to publish a summary of an ordinance; and WHEREAS, the City Council determines that the summary clearly informs the public of the intent and effect of the ordinance; and WHEAEAS, 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 RESOLVED THAT the City Council approves the summary in Attachment A for publication according to state law. Passed by the Lino Lakes City Council this 27th day of June, 2011. Reinert, Mayor Jeff Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2010. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. ATTACHMENT A, RESOLUTION 11 -66 • • • SUMMARY OF ORDINANCE NO. 14 -11 AN ORDINANCE AMENDING TITLE 800, CHAPTER 802 OF THE LINO LAKES CODE OF ORDINANCES BY ADDING A NEW SECTION 802.07 RELATING TO ON- STREET PARKING. Section 802.07 (1) Establishes definitions for types of vehicles. Section 802.07 (2) prohibits certain vehicles from parking on public streets. Section 802.07 (3) provides for on- street parking of prohibited vehicles if loading, unloading or performing a service. Section 802.07 (4) limits the operation of motors or engines of parked vehicles. Section 802.07 (5) Provides exemptions for boats and boat trailers. Section 802.07 (6) Provides for a recreational vehicle on- street parking waiver. Section 802.07 (7) Establishes criteria for granting a recreational vehicle on- street parking waiver. Passed by the Lino Lakes City Council on June , 2010. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. P67 • • • AGENDA ITEM 6G STAFF ORIGINATOR: Michael Grochala COUNCIL MEETING DATE: June 27, 2011 TOPIC: Resolution No. 11 -67, Authorizing Execution of Professional Services Agreement with WSB and Associates. ACTION REQUIRED: Simple Majority BACKGROUND: In December of 2010, as part of the city budgeting process, the City Council directed staff to prepare a Request for Proposals for the purpose of reviewing the city's general engineering services. Interviews for the three engineering firm finalists, SEH, TKDA, and WSB were held on April 18, 2011. The council discussed the proposals at the June 6, 2011 work session, following receipt of a supplemental questionnaire. Based on this review the City Council selected WSB and Associates to serve as Municipal Engineer. The council authorized staff to prepare a professional services agreement with WSB at the June 13, 2011 council meeting. Under the terms of the agreement WSB will provide general engineering services, detailed within the agreement, to the city based on a fixed monthly retainer. WSB will charge the City $72,400 for July 1, 2011 through July 1, 2012. Certain general engineering services, such as building foundation surveys, will be billed separately from the retainer at WSB standard hourly rates. The contract will incorporate a 24 hour work week. This is a reduction in the hours currently provided for engineering coverage at city hall. However, staff will work with WSB to maximize availability during the work week. TKDA, will continue to perform work under their current authorizations, including the Main /Lake and Birch/Ware Road signal projects. TKDA will be available to assist throughout the transition period and as an ongoing resource. Staff would like to commend TKDA and specifically Mr. Studenski for their valued service over the years. RECOMMENDATION: Staff is recommending approval of Resolution No. 11 -67 authorizing execution of a professional services agreement for Municipal Engineering Services with WSB and Associates. ATTACHMENTS 1. Resolution 11 -67 P68 P69 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 11- 67 RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL ENGINEERING SERVICES WITH WSB AND ASSOCIATES, INC. Whereas, the city council directed staff to request proposals for city engineering services for the city; and Whereas, following review of the proposals the city council directed staff to engage the firm of WSB and Associates, Inc. to provide these services; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: that the professional service agreement between the City and WSB & Associates is hereby approved and the Mayor and Clerk are authorized to execute the agreement on behalf of the City pending final review by the City Attorney. BE IT FURTHER RESOLVED that WSB is hereby appointed City Engineer effective July 1, 2011. Jeff Reinert, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2011. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • • AGENDA ITEM 6 H STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: June 27, 2011 TOPIC: Resolution No. 11 -69: Joint Powers Agreement With Anoka County and City of Centerville for Utility Service to Regional Park Facilities ACTION: 3/5 vote BACKGROUND Anoka County wishes to make some improvements to the existing campground in the Rice Creek Chain of Lakes Regional Park Reserve. This includes a connection to Centerville's municipal sanitary sewer service. Currently, the campground wastewater is treated in an existing onsite septic system. The municipal border runs right through the campground: most of the campground is within Lino Lakes, while some of it is in Centerville. There is no Lino Lakes sewer pipe in the vicinity, but there is a Centerville pipe serving homes along Mound Trail on the north side of Centerville Lake. Because the campground sewer service will cross a municipal border, it is wise to have a Joint Powers Agreement spelling out responsibilities. Anoka County will design and construct the sewer services and pay service fees to Centerville. Anoka County will own the sewer elements within the park and will be responsible for maintaining them. The existing beach site in the park already is connected to the Centerville sewer system. The agreement acknowledges this and incorporates that connection in the agreement. OPTIONS 1. Approve Resolution No. 11 -69, approving the Joint Powers Agreement. 2. Return to staff with direction RECOMMENDATION Option 1 P70 P71 • • • • P72 P73 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 11 -69 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH CITY OF CENTERVILLE AND COUNTY OF ANOKA REGARDING UTILITY SERVICES IN REGIONAL PARK RESERVE WHEREAS, Anoka County operates a beach and campground located in primarily in Lino Lakes with lesser portions in Centerville (Park Facility). WHEREAS, Anoka County wishes to make improvements to the Park Facility and desires to connect the Park Facility to municipal sanitary sewer and wishes to have the ability to connect the Park Facility to municipal water at a future date. WHEREAS, Lino Lakes does not have sanitary sewer or water available to serve the Park Facility nor is if feasible for Lino Lakes to extend sanitary sewer or water to serve the Park Facility. WHEREAS, It is feasible for Centerville to serve the Park Facility with water service and/or sanitary sewer service, and Lino Lakes desires to have Centerville do so. WHEREAS, Anoka County has requested that Centerville provide the Park Facility with sanitary service at this time and the option of securing water service in the near future. WHEREAS, The proposed sewer and water lines for the Park Facility cannot be constructed entirely within Centerville and are proposed to also be constructed through property located in Lino Lakes owned by Anoka County. WHEREAS, Lino Lakes desires to cooperate with Centerville and Anoka County on the extension of Centerville sewer and water lines through property located in Lino Lakes, owned by the Anoka County, in order to serve the Park Facility. WHEREAS, Minnesota Statutes section 471.59 authorizes political subdivisions to enter into joint powers agreements. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City Council hereby approves the Joint Powers Agreement with the City of Centerville and the County of Anoka for the provision of municipal utilities to the specified facilities in the Rice Creek Chain of Lakes Regional Park Reserve and authorizes the Mayor and City Clerk to execute said agreement on behalf of the City. • • • • Jeff Reinert, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of June, 2011. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • P74 P75 JOINT POWERS AGREEMENT BETWEEN THE CITY OF LINO LAKES, THE CITY OF CENTERVILLE AND THE COUNTY OF ANOKA THIS AGREEMENT, is made to be effective , 2011, between the CITY OF LINO LAKES, a municipal corporation under the laws of the State of Minnesota (LINO LAKES), the CITY OF CENTERVILLE, a municipal corporation under the laws of the State of Minnesota (CENTERVILLE) and the COUNTY OF ANOKA, a political subdivision of this State of Minnesota (ANOKA COUNTY). RECITALS: A. ANOKA COUNTY operates a beach and campground located in primarily in LINO LAKES with lesser portions in CENTERVILLE (Park Facility). B. ANOKA COUNTY wishes to make improvements to the Park Facility and desires to connect the Park Facility to municipal sanitary sewer and wishes to have the ability to connect the Park Facility to municipal water at a future date. C. Lino Lakes does not have sanitary sewer or water available to serve the Park Facility nor is if feasible for LINO LAKES to extend sanitary sewer or water to serve the Park Facility. D. It is feasible for CENTERVILLE to serve the Park Facility with water service and /or sanitary sewer service, and LINO LAKES desires to have CENTERVILLE do so. E. ANOKA COUNTY has requested that CENTERVILLE provide the Park Facility with sanitary service at this time and the option of securing water service in the near future. F. The proposed sewer and water lines for the Park Facility cannot be constructed entirely within Centerville and are proposed to also be constructed through property located in LINO LAKES owned by ANOKA COUNTY. G. LINO LAKES desires to cooperate with CENTERVILLE and ANOKA COUNTY on the extension of CENTERVILLE sewer and water lines through property located in LINO LAKES, owned by the ANOKA COUNTY, in order to serve the Park Facility. • • • • PURPOSE: Minnesota Statutes, Section 471.59, provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they are exercised. AGREEMENT: Now, therefore, in consideration of the foregoing recitals and mutual undertakings, set forth herein, LINO LAKES, the CENTERVILLE, and ANOKA COUNTY, agree as follows: SECTION 1 — WATER AND SANITARY SEWER SERVICES A. SANITARY SEWER CONNECTION. ANOKA COUNTY will submit to LINO LAKES and CENTERVILLE for approval, its plans to construct and install, with no cost to LINO LAKES, or CENTERVILLE, adequate and suitable sanitary sewer lines, force mains and pump stations (Sanitary Sewer Service) to serve the Park Facility. Subject to issuance of any required permits of and associated inspections by, LINO LAKES and CENTERVILLE, ANOKA COUNTY will construct the Sanitary Sewer Service in accordance with such approved plans. Within 120 days of completion, ANOKA COUNTY will provide LINO LAKES, and CENTERVILLE with record plans of the Sanitary Sewer Service in a format acceptable to them. B. WATER CONNECTION Subject to the process in paragraph A, ANOKA COUNTY may request a permit to connect the Park Facility to CENTERVILLE's watermain at a future date. Upon issuance of any required permits by LINO LAKES or CENTERVILLE, ANOKA COUNTY may connect the Park Facility to CENTERVILLE's watermains. C. HOLD HARMLESS. Subject to exceptions and limitations provided by law, including but not limited to those contained in Minnesota Statutes, Chapter 466, ANOKA COUNTY shall hold harmless and defend the cities of LINO LAKES and CENTERVILLE from any and all claims made by anyone for any defects or damages of any kind caused by the installation and /or construction of the Sanitary Sewer Service or water service to serve the Park Facility. D. EASEMENT. Easements needed to construct and maintain the sewer or water services shall be acquired by ANOKA COUNTY. Such easements shall be reviewed, approved and accepted by the cities of LINO LAKES, and CENTERVILLE prior to the project being bid out. P76 P77 E. OWNERS OF SEWER SERVICE AND WATER SERVICE. The sanitary sewer and /or water services shall be constructed and owned by ANOKA COUNTY. All maintenance of the services shall be the responsibility of ANOKA COUNTY. Locating of the sanitary service and /or water service lines shall be the responsibility of ANOKA COUNTY. F. HOOK -UP FEE. ANOKA COUNTY will pay with its permit application any sanitary sewer and /or water connection fee per unit as shall be in effect for CENTERVILLE and Metropolitan Council Environmental Services (MCES) based upon the number of fixture units assigned by the MCES formula. The connection fees may be adjusted from time to time by CENTERVILLE, and such fees shall be based upon the same rate charged for similar services furnished by CENTERVILLE for property Tying within the city. G. METERS AND BILLING. Appropriate meters with an outside remote reader shall be installed by ANOKA COUNTY at its expense to measure the sanitary sewer discharged in gallons, into CENTERVILLE sewers, which shall be the means of allocating a user charge to the Park Facility. When a future water service is connected, ANOKA COUNTY shall purchase and install a meter and remote reader at its connection to the city water system. ANOKA COUNTY shall pay when due the amount charged for the sewer and /or water service. The rate per gallon shall be equivalent to the rate charged for similar properties located in CENTERVILLE. Such meters and outside remote readers shall also be inspected by, or under the supervision of CENTERVILLE. Such water and sanitary sewer rates may be adjusted annually by CENTERVILLE. Any replacement or upgrading of meters shall be at the expense of ANOKA COUNTY. H. RIGHT TO INSPECT. CENTERVILLE, through its officers, agents and employees, shall have the right, at all times, to examine, inspect and test any materials or work used or to be used in connection with the sewer and /or water system connecting to the CENTERVILLE for the purposes of determining compliance with city code and to detect leakage or infiltration. I. INTERRUPTIONS SERVICE. CENTERVILLE shall not be liable for any direct or indirect damages resulting from lack of water supply or interruption of sewer service to its customers, in the event of repair of sewer or water mains, sewer obstructions or connections of new water mains or in the event of fire prevention, or any other cause, and such sanitary sewer service or water supply may be interrupted for as long as is necessary to complete the necessary work. J. PREVIOUS CONNECTION. The parties acknowledge that ANOKA COUNTY has previously connected its beach facilities to CENTERVILLE sanitary sewer without the benefit of a joint powers agreement. The parties intend that the terms of this agreement shall extend to cover the beach facilities connection, except that no additional permits and no additional connection fees shall be required. • • • • • • SECTION 2 — MISCELLANEOUS A. TERM. This Agreement may be terminated by LINO LAKES if it determines it will supply the Park Facility with water and /or the Sanitary Sewer Service and /or by CENTERVILLE if it determines it is unable to supply water or the Sanitary Sewer Service to the Park Facility. In case of termination, not less than one year in advance of such termination, notice shall be give to the following: To ANOKA COUNTY: Anoka County Administrator Anoka County Government Center 2100 3rd Ave. Anoka, MN 55303 To the CITY OF CENTERVILLE: City Clerk City of Centerville 1880 Main Street Centerville, MN 55038 To the CITY OFLINO LAKES: City Clerk City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 The parties agree that if this Agreement is terminated for any reason, it shall be replaced with another Agreement for provision of sewer and /or water services unless the service is no longer needed by ANOKA COUNTY. B. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. IN WITNESS WHEREOF, the COUNTY OF ANOKA, the City of LINO LAKES, and the City of CENTERVILLE have caused this Agreement to be executed on their behalf by their proper Board, Council and Officers. (signatures on following pages) P78 P79 ANOKA COUNTY By: Rhonda Sivarajah, Chair, Anoka County Board of Commissioners By: Jerry Soma, Anoka County Administrator Approved as to form: Dan Klint County Attorney STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 2011, by Rhonda Sivarajah, Chair of the Anoka County Board of Commissioners, and Jerry Soma, Anoka County Administrator, by Clerk of the County of Anoka, Minnesota, a political subdivision, on behalf of the County. Notary Public • • • • CITY OF CENTERVILLE By: Tom Wilharber, Its Mayor By: Teresa Bender, Its City Clerk STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2011 by Tom Wilharber, Mayor of the City of Centerville, and by Teresa Bender, City Clerk of the City of Centerville, Minnesota, a municipal corporation, on behalf of the corporation. Notary Public P80 P81 CITY OF LINO LAKES By: Jeff Reinert, Mayor By: Julie Bartell, City Clerk Dated: , 2011. STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2011, by Jeff Reinert, Mayor of the City of Lino Lakes, and by Julie Bartell, City Clerk of the City of Lino Lakes, Minnesota, a municipal corporation, on behalf of the corporation. Notary Public • • • • • AGENDA ITEM 6 I STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: June 27, 2011 TOPIC: Resolution No. 11 -71: Approving Two Agreements With Eagle Brook Church Required for Parking Lot Expansion • Site Improvement Performance Agreement • Operation and Maintenance Agreement for Stormwater Treatment Features ACTION: 3/5 vote BACKGROUND Eagle Brook Church submitted a site plan application for expanding the parking lot on its site at 7775 20th Ave. The plan includes expanding the existing parking lot on the south side of the existing building. The parking expansion is not a new idea. It was discussed as being needed in the future for additional seating and included in the analysis conducted for an Environmental Assessment Worksheet. Therefore, the expansion will have no unforeseen environmental impacts. The increase in seating, which would require amending the conditional use permit, is not occurring at this time. Nonetheless, to ensure that all issues are covered at the necessary level of detail, the parking expansion was addressed with a site and building plan review. Site and building plan reviews are conducted administratively in accordance with Section 3, Subd. 6 of the Zoning Ordinance. Staff approval, with conditions, was granted on May 20. The conditions include the preparation of two documents. The City requires a site improvement performance agreement when a project requires a site plan review. This agreement ensures that fundamental work on the site is completed by requiring an escrow deposit. A new site improvement performance agreement has been prepared because the original agreement did not include the new parking expansion. In addition, a maintenance agreement for stormwater facilities often is needed on projects that create new stormwater facilities. Poorly functioning stormwater facilities pose flooding and water quality problems for other properties and water bodies. The parking expansion requires some additional stormwater facilities that were not included in the previous stormwater agreement. We have worked with Eagle Brook Church to prepare the two documents. Resolution No. 11 -71 approves both new documents. It is noteworthy that the new stormwater facilities agreement breaks new ground in interagency cooperation. In the past, develop projects often had two different agreements for stormwater management: one with the City and one with the Watershed District. This new document is a joint agreement between the property developer, the City, and the Rice Creek Watershed District. The two jurisdictions worked together with the church to reduce the number of legal documents required. This will not work for all projects, but it is a good prototype for developments that do not involve subdivisions or other additional complexities. OPTIONS 1. Approve Resolution No. 11 -71, approving the two agreements with Eagle Brook Church. 2. Return to staff with direction RECOMMENDATION Option 1 • • • Council Member adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 11 -71 RESOLUTION APPROVING A SITE IMPROVEMENT PERFORMANCE AGREEMENT AND AN OPERATION AND MAINTENANCE AGREEMENT FOR STORMWATER TREATMENT FEATURES FOR THE EAGLE BROOK CHURCH SITE WHEREAS, Eagle Brook Church wishes to expand its parking lot, and; WHEREAS, a site and building plan review was conducted administratively according to Section 2, Subd. 6 of the Zoning Ordinance, and the parking expansion was approved on May 20, 2011, and WHEREAS, the previous Site Improvement Performance Agreement did not include the new parking expansion, and WHEREAS, the previous Operation and Maintenance Agreement for Stormwater Treatment IIIFeatures did not include new stormwater facilities to be created with the parking expansion. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves a new Site Improvement Performance Agreement (ATTACHMENT A) and a new Operation and Maintenance Agreement for Stormwater Treatment Features (ATTACHMENT B). Adopted by the Lino Lakes City Council this day of , 2011. Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2011. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: IIIWhereupon said resolution was declared duly passed and adopted. ATTACHMENT A Site Improvement Performance Agreement • • • • CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this day of June, 2011, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and Eagle Brook Church of White Bear Lake, Minnesota, whose address is 7015 20th Avenue North, Centerville, MN, 55038, hereinafter referred to as the "Developer ". WHEREAS, the Developer has received approval of Site Development Plans, (the "Plans ") by the City on the 15th day of June, 2011 pursuant to a site and building plan review; and WHEREAS, the plan review report is attached hereto as Exhibit A and the Plans listed in Exhibit A are incorporated herein by reference; and WHEREAS, the aforesaid approval includes a condition that prior to site work commencing, a new performance agreement with financial securities must be executed and the securities submitted to the City; and WHEREAS, pursuant to the terms of this Agreement, the Developer, its successors and assigns, agree to construct the improvements set forth in Exhibit A and the Plans on the site ( "the Property ") legally described as follows: Lot 1, Block 1, Eagle Brook Addition, according to the recorded plat thereof, Anoka County, Minnesota NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: Eagle Brook Performance Agreement 2011 page 1 of 8 I. DESIGNATION OF IMPROVEMENTS. A. Improvements on the project site to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "On -site Work ". B. Improvements off the project site to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Off -site Work ". C. Developer shall enter into an operation and maintenance agreement for the additional stormwater treatment facilities to be constructed on the site not included in the 2004 plans. II. ON -SITE WORK. A. On -Site Work. The On -Site Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The Work includes all on -site exterior amenities as shown on the approved Plans and as required by the plan approval, such as, but not limited to: landscaping, private driveways, parking areas, storm drainage systems, curbing, lighting, site grading, tree preservation work and erosion control measures. Such improvements shall be completed in accordance with Section IV herein. B. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the On -Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee based on the estimates, acting reasonably. The description and estimated cost of Developer's On -site Work is as follows: Item Description of Improvements Estimated Cost 1 Earthwork/Site Clearing /Erosion Control $ 50,044 2 Sawcut Asphalt $ 1,000 3 Infiltration Basin Soil $ 30,000 4 Site Utilities $ 17,550 5 Asphalt Paving / Class V $ 161,460 6 Striping $ 1,850 7 Curb and Gutter $ 5,852 Eagle Brook Performance Agreement 2011 page 2 of 8 • • 8 Curb and Gutter at Connection to CB $ 1,014 9 Valley Gutter $ 1,044 10 Ribbon Curb $ 7,369 11 Concrete Spillway $ 375 12 Landscaping / Seeding $ 38,000 13 Erosion Control Blanket $ 2,750 14 Plantings in Existing Rain Gardens $ 17,900 15 Site Signage $ 250 16 Electrical $ 47,245 17 Asphalt Trenching and Patch for Electrical $ 2,000 18 SWPPP $ 400 Total Estimated Cost of Developer Improvements $ 386,103 Security Requirement (Total * 35 %) $ 135,136.05 C. Plans & Specifications. The Developer shall prepare plans and specifications for the making of such improvements. Said plans and specifications shall be subject to review and approval by the City of Lino Lakes and Rice Creek Watershed District. D. Construction Observation. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the applicable City standards as a condition of City acceptance. In addition, the City may have one or more inspectors inspect the work on a full or part-time basis to assure that construction proceeds pursuant to the Plans and other applicable requirements. The Developer, its contractors and subcontractors, shall follow all reasonable instructions received from the City's inspectors, provided said instructions relate to compliance with applicable laws, regulations, and the Plans. E. Record Plans. Within thirty (30) days after the completion of the improvements the Developer shall supply the City with a complete set of reproducible mylar "Record" drawings, and two complete sets of paper copy "Record" drawings, all prepared in accordance with City standards. An electronic copy of the plans shall also be submitted in an AutoCAD DWG format. F. As -Built Survey. The Developer's engineer shall certify, in writing with an as -built survey, that all grading complies with the grading plan. The as -built survey must include, but is not limited to, proposed and final contours with adequate elevation shots to show conformance, property Eagle Brook Performance Agreement 201 1 page 3 of 8 irons (to be exposed in field), and the 100 -Year High Water Level (HWL) of all ponds, lakes, and wetland areas. III. OFF -SITE WORK A. Off -site Work. The Developer shall design and install, at the Developer's Expense, certain Off -site Work as follows: This parking expansion project includes no Off -site Work. IV. COMPLETION DATE. The activities authorized by site and building plan approval shall be initiated within six (6) months after the date of execution of this Agreement unless extension is granted by the City. If such activity is not completed within eighteen (18) months after commencement, the City may exercise any remedies as set forth in Section VII., unless an extension is granted by the City. V. GUARANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Work and hereby guarantees the workmanship and materials for a period of one year following the City's final approval of the Developer's Work. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty - five (35 %) percent of the total estimated cost of Developer's Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit as further provided in Section VII. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. The Letter of Credit or other financial guarantee shall be released and returned within 90 days following the City's final approval of the Work. Eagle Brook Performance Agreement 2011 page 4 of 8 • VI. REIMBURSEMENT OF COSTS. A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount reasonably established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the Work, including, but not limited to, the following: 1 Total Estimated (Budget) Costs for Escrow Account for $5,400.00 Administration (Legal, Engineering, Planning, and Contract administration) 2 Existing project escrow as of April 30, 2011 $3,405.56 3 Additional escrow required $2,000.00 B. The City shall have a right to reimburse itself from the Escrow. Upon request, the City shall provide the Developer written notice and reasonably detailed invoices of the City's expenses charged to the escrow. If it appears that the actual costs incurred will exceed the estimate, then Developer and City shall review the costs required to complete the Work. In such case, Developer shall deposit additional sums with the City to pay for the agreed upon increase. If the escrow account drops below 10% of the original deposit amount, the City may require the submittal of an additional escrow deposit sufficient to cover any anticipated expenses. VII. REMEDIES FOR BREACH A. The City shall give written notice to the Developer of any default hereunder and not less than 30 days to cure any such default before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. Within ten (10) days after such notice to it, the Developer shall notify the City in writing the manner in which the default will be cured and the time within which such default will be cured. If the Developer fails to provide a timely plan for curing the default in a manner satisfactory to the City, the City will proceed with the remedy it deems appropriate. B. At any time after the Completion Date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all reasonable and necessary expenses incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. Notwithstanding the foregoing, the City must first give Developer written notice and not less than 30 days to complete the Work. The enumeration Eagle Brook Performance Agreement 2011 page 5 of 8 of the remedies hereunder shall be in addition to any other remedies available to the City by law. 1. Specific Performance. The City may in writing direct the surety, if applicable, or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time reasonably acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. 2. Completion by the City. The City, after first providing written notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal to the estimated cost of completing the Work, plus the City's estimated expenses as defined herein at Article VI, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City in trust for the purpose of reimbursing the City for any costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be promptly returned to the Developer. VIII. OCCUPATION OF PREMISES The church is already occupied and the parking expansion described by the approved Plans does not affect occupancy. IX. REIMBURSEMENT OF COSTS FOR DEFENSE The Developer agrees to reimburse the City for all reasonable costs incurred by the City in defense of enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. Eagle Brook Performance Agreement 2011 page 6 of 8 • • • XI. VALIDITY If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. XII. GENERAL A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. B. Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or 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 mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notices given as above. C. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. D. Hours of Construction Activity. All construction activity shall be limited to the hours set out as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Legal Holidays No construction work allowed Eagle Brook Performance Agreement 2011 page 7 of 8 EAGLE BROOK CHURCH OF WHITE BEAR LAKE, MINNESOTA By Its E.XX G D i a bF STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) CITY OF LINO LAKES By Mayor ATTEST: By City Clerk On this day of , 2011, before me, a Notary Public within and for said County, personally appeared Jeff Reinert and Julieanne Bartell, to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF All pkt'4 ) On this day of TL 2/l'L-e- , 2011, before me, a Notary Public within and for said County, personally appeared ,R/2-4-:.! 6ki'orckeic of Eagle Brook Church of White Bear Lake, Minnesota, a Minnesota non - profit corporation (Developer), who executed the foregoing instrument on behalf of the corporation . otary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 4910147_4.DOC AMANDA L LEE Notary Public -State of Minnesota • My Commission Expires January 31, 2012 Eagle Brook Performance Agreement 2011 page 8 of 8 • • • • • • Exhibit A DATE: STAFF ORIGINATOR: Jeff Smyser TOPIC: May 20, 2011 BACKGROUND Site and Building Plan Review: Eagle Brook Church Parking Lot Expansion 7775 20th Ave. Eagle Brook Church submitted a site plan application for expanding the parking lot on its site at 7775 20th Ave. The plan includes expanding the existing parking lot on the south side of the existing building. A conditional use permit for the church was approved in 2004 with Resolution No. 04 -17. Potential environmental impacts were analyzed in an Environmental Assessment Worksheet (EAW) in 2002 before the church was approved in 2004. The parking expansion was not expected to occur until or unless additional seating was created within the church. This conditional use permit approval included the 2100 -seat worship space, but not the additional 700 seats. One of the conditions of approval was that the addition of more seating would require an amendment of the conditional use permit. None of the conditions addresses the parldng expansion. Discussion of the parking expansion was related to putting in the additional seating within the building. The plans do not all include the expanded parking. A "construction plan" and the landscaping plan both include an area labeled "overflow parking area to be seeded ". However, the plans from the EAW show all the parking (expansion included). The drainage analysis and calculations prepared for the 2004 church project and reviewed by the City included the entire parking area, including the expansion. The parking expansion is not a new idea. It was discussed as being needed for additional seating and included in the EAW, so there will be no unforeseen environmental impacts. Since the parking will not affect any of the conditions of approval or create unforeseen impacts, an amendment to the conditional use permit is not needed. However, to ensure that all issues are addressed at the level of detail required for development projects, the parking expansion is being addressed with a site and building plan review. Site and • • • • • Eagle Brook Church Parking Expansion Site Plan Review page 2 building plan reviews are conducted administratively according to Section 3, Subd. 6 of the Zoning Ordinance. ANALYSIS Comprehensive Plan and Zoning: According to the comprehensive plan approved in 2002 and currently in effect, the project site is guided for Low Density Sewered Residential land use. In addition to land use categories, the comprehensive plan designates growth areas for pre -2010 (stage 1) and 2010 -2020 (stage 2). The site is split between stage one and stage two areas. These growth areas pertain to when city utilities (water and sanitary sewer) may be made available for the area in question in order to support urban development. Since the project does not rely on city utilities, the growth areas are not immediately relevant to the church proposal. Location Existing Land Use Guided Land Use (Comp. Plan) Zoning Site agriculture Low Density Sewered Resid. Rural North rural residential Rural Rural South rural resid., agric. Low Density Sewered Resid. Rural East rural resid., agric. Medium Density Resid. Rural West Peltier Lake Low Dens. Sewered Resid., Public /Semi -Public Rural The comprehensive plan does not establish a separate land use category specifically for churches. Several but not all existing church properties on large parcels are designated as Public /Semi Public land use, as are parks and the City Hall location. The site is in a Rural zoning district. A church is a conditional use in this zone. A conditional use permit was approved in 2004 with Resolution 04 -17. Shoreland: Much of the large church site is within the shoreland overlay zone that covers land within 1000 feet of the ordinary high water level (OHWL) of Peltier Lake. However, only a very small part of the new parking area is within the 1000 ft. shoreland overlay. Potential impacts were analyzed in the EAW before the church was approved in 2004. The existing and proposed new parking areas are well beyond the 150 ft. setback from the OHWL. Parking: The 2004 plan provided for adequate parking, as indicated in the table below. It is possible that the church will expand its seating capacity and the EAW analysis included the potential expansion. If the hypothetical expansion of 700 seats occurs, it would require an additional 233 parking spaces under the zoning ordinance requirements. The plan accommodated this potential with a grassy area south of the western parking lot area. This is the area now proposed for expansion. Eagle Brook Church Parking Expansion Site Plan Review page 3 Parking Analysis for 2004 Approval Potential Expansion Zoning Ordinance Parking Requirement Spaces Required Spaces Provided worship area: 2100 seats 1 space per 3 seats 700 other 1 per classroom, other 13 total 713 760 Additional Proposed 2009 229 new total 989 potential additional 700 seats 1 space per 3 seats 233 potential ordinance requirement 946 The 2002 Environmental Assessment Worksheet (EAW) assumed a significantly higher number of parking stalls than required by ordinance. The EAW included the following data in its analysis: Parking spaces added: Proposed Church Potential Expansion Total 1,100 350 1,450 The parking expansion currently proposed includes 229 parking spaces. This is less than the ordinance requirement would be for the hypothetical expansion of seating capacity, (which is not being proposed). It also is less than what was assumed for the EAW. Therefore, impacts of the current proposal are less than what was assumed in previous analyses. Future Parking Needs: Though the ordinance requirements are being met, the parking issue must be reviewed if additional church seating is proposed in the future. The ordinance requirements seem to be underestimating the actual parking needs for the church and its activities. If the parking expansion is needed now, without any additional seating, it is not clear how parking for an additional 700 persons would be accommodated on the site. That question should be addressed when and if a proposal for additional seating is submitted, which will require amendment of the conditional use permit according to the original approval conditions. Lighting: Lighting will be added for safety in the parking expansion area. The same fixtures and poles used in the existing parking areas must be used in the expansion area. Eagle Brook Church Parking Expansion Site Plan Review page 4 Access: The existing access points on 20th Ave. will not change with the parking expansion. Traffic: Expanding the paved parking area will not increase traffic generation. To the contrary, traffic drives the need for parking. In fact, parking is already occurring in the unpaved area that will be paved according to this application. Wetland: Wetlands exist on the church site, but the proposed construction will not impact wetlands. The Rice Creek Watershed District (RCWD) will review the site. All RCWD permit requirements must be met. Stormwater Management: The stormwater design includes collection of runoff by a series of swales, infiltration areas /rain gardens, and stormwater ponds, providing pretreatment of all runoff from the development. The parking expansion will be consistent with the design. The City Engineer's review is attached. Since the 2004 project approval, the Rice Creek Watershed District has adopted a new rule for development within Lino Lakes: Rule RMP -3. A Watershed review is necessary for the parking expansion. The Watershed District issued a Conditional Approval Pending Receipt of Changes (CAPROC) on July 16, 2009 (Permit 09 -048). County Ditch 72 is an underground drain tile. The ditch was rerouted in a new underground drain tile, around the development area, as part of the church project. Easements were placed over the relocated drain tile for Co. Ditch 72 and deeded to the Rice Creek Watershed District. The 2011 plans seem to show that the new pavement will encroach into this ditch easement. The City is leaving it to the Rice Creek Watershed District, the holder of the easement, to determine if this should be changed. The City routinely requires a stormwater facilities maintenance agreement on new building projects. Such an agreement was executed and recorded with the original church project. However, this parking expansion includes some new stormwater facilities, and so a new agreement is needed to cover the new facilities. It is likely that this agreement can include Rice Creek Watershed District requirements in order to have one agreement for both jurisdictions. ENVIRONMENTAL BOARD REVIEW The Environmental Board reviewed the application on July 29. The Board's recommendations are attached. The recommendations are addressed by standard requirements, revised plans or the conditions of approval. Eagle Brook Church Parking Expansion Site Plan Review page 5 FINDINGS 1. The site is guided for residential uses and surrounded by land guided for residential or rural uses. Such uses include churches. The project will be consistent with the Comprehensive Plan and consistent with present and future land uses. 2. The site is zoned Rural. Churches are allowed as conditional uses in rural zoning districts. The City approved a conditional use permit for Eagle Brook Church in 2004 with Resolution 04 -17. 3. The parking lot expansion project will conform to performance standards. 4. Traffic generation will be within the capabilities of the transportation system and will not be affected by a parking lot expansion. 5. The church has its own onsite water facilities that meet applicable requirements and are not affected by the parking lot expansion project. 6. The church has its own onsite wastewater facilities that meet applicable requirements and are not affected by the parking lot expansion project. 7. No City capital expenditures are required for the parking lot expansion project. 8. No trees are being removed for the parking lot expansion project. 9. The potential parking expansion was included in plans analyzed by the 2002 Environmental Assessment Worksheet. 10. This site and building plan review was conducted administratively according to Section 2, Subd. 6 of the Zoning Ordinance. 11. Additional stormwater management facilities are proposed with the parking expansion that were not included in previous plans. 12. This review is based on the following submittals: 1. Plan set including the following, dated 1/14/2011 and 11" x 17" hard copies received May 11, 2011: T100 Title Sheet C 100 Alignment Plan & Tabulation C101 Construction Plan C102 Grading & Storm Sewer Plan C103 Signing, Striping & Lighting Plan C104 Construction Details C105 Construction Details L100 Planting Plan L101 Planting Details 2. Project Narrative, June 12, 2009 • • • Eagle Brook Church Parking Expansion Site Plan Review page 6 APPROVAL AND CONDITIONS The site and building plan is hereby approved subject to the following conditions: 1. Prior to site work commencing, a permit from the Rice Creek Watershed District must be obtained 2. Prior to site work commencing, a new stormwater facilities maintenance agreement must be executed that covers the new stormwater facilities on the site that were not included in the 2004 plans. This agreement must be recorded against the property. 3. Prior to site work commencing, a new site improvement performance agreement with financial securities must be executed and the securities submitted to the City. 4. Existing trees planted as required for the church conditional use permit must be managed. The Church shall work with the City Environmental Specialist to address the health of these plantings. 5. The same lighting fixtures and poles used in the existing parking areas must be used in the expansion area. 6. Issues listed in the May 19, 2011 and August 5, 2009 memos by the City Engineer must be addressed to his satisfaction. 7. All requirements of the conditional use permit approved with Resolution No. 04 -17 continue to apply. ATTACHMENTS • May 19, 2011 review memo by City Engineer • August 5, 2009 review memo by City Engineer • July 29, 2009 recommendations of the Environmental Board • Plan set including the following, dated 1/14/2011, received May 11, 2011: T100 Title Sheet C100 Alignment Plan & Tabulation C101 Construction Plan C102 Grading & Storm Sewer Plan C103 Signing, Striping & Lighting Plan C104 Construction Details C105 Construction Details L100 Planting Plan L101 Planting Details Memorandum DATE: May 19, 2011 TOE Jeff Smyser FROM:. James E. Studenski, City Engineer RE: Eagle Brook Church — Parking Lot Expansion Review Below is the engineering review of the submitted documents for the Eagle Brook Church — Parking Lot Expansion. The plans for the Eagle Brook Parking Lot Expansion have not been approved please address the following items. Please contact me with any questions. The review is based on these submittals: 1. Memo to provide responses to City comments, prepared by SRF Consulting Group,. Inc. dated May g, 2011. 2. Eagle Brook Church — Parking Lot Expansion Plans (T001 —L101), signed January 14, 2011. 3. 2011 Eagle Brook Church Stormwater Facilities Maintenance Agreement, unstated. 4. Draft Site Improvement Performance Agreement, dated April 13, 2011. Drainage and Storm Sewer 1. A Dopy of the Rice Creek UVatershed District Permit must be provided prior to commencement of construction, Mascellarraolts 1. The Site improvement Performance Agreement will have to be entered into between Eagle Brook Church and the City of Lino Lakes prior to construction commencing. City security requirements will be tabulated using the construction estimate and provided to the applicant. 2. All other items on my August 5, 2009 memo have been addressed. € 1[} Toss Cenlet Pathway, Lino Lai.,. Minnesota 550'r4 -1162 Phone 651 -982 -2400 • Fax: 651 - 982 -2499 • • • • • Memorandum DATE: August 5, 2009 TO: Jeff Smyser FROM: .lanes E. Studensla, City Engineer 7:55 adt1 RE: Eagle Brook Church — Parking Lot Expansion Review Below is the engineering review of the submitted documents for the Eagle Brook Church — Parking Lot Expansion. The plans for the Eagle Brook Parking Lot Expansion have not been approved please address the following items_ Please contact me with any questions. The review is based on the submittals: 1. Rice Creek Watershed District CAPROC dated July 16, 2009_ 2. Project Narrative, prepared by SR:F Consulting Group, inc. dated Jurte 12, 2009. 3. Geertechnicai Report for Eagle Brook Church dated August 8, 2002. 4. Eagle Brook Church Parking Lot Expansion Project Manual, dated June 25, 2009. 5. Eagle Brook Church — Phase It Parking Lot Expansion Plans, dated June 12, 2009. 6. Storm Water Pollution Prevention Plan (SWPPP) for the Eagle Brook Church — Parking Lot Expansion, dated May 2009. Drainage and Storm Sewer 1. Show the County Ditch 72 Easement. 2. Show the concrete wash location. Miscellaneous 1. No Importing or exporting of soils without permission of City Engineer 2. Show and describe protection measures to be taken to prevent compaction of infiltration basins. 3. The 25 inch base bituminous course on pavement detail A should be non- wearing material. 4. A new Itu`aintenance of Storrnwater Management Facilities Agreement must be submitted to RCWD. 5. Provide constructions cost estimate. 5. An agreement will have to be entered into between Eagle Brook Church and the City of Lino Lakes forthe construction. 7. All Rice Creek Watershed District comments on the July 16, 2009 CAPROC must be addressee!. 600 Town Center Parkway, Lino Lakes, P4'livcn=4.1 55014 -1182 Allan 651 - 9P2 -2400 fax: 651 -982 -2499 • DRAFT RECOMMENDATIONS FROM THE ENVIRONMENTAL BOARD 7/29/09 The Environmental Board recommends this project go forward with the following changes /additions that have been outlined below. - Increase and enhance screen/buffer to the south. Existing trees that were planted as per the CUP requirements are in decline and need to be managed. - Require that there will be no importing or exporting of soils without City permission -Add concrete wash out area to erosion control plan/SWPPP -Show document storage area on the SWPPP -Show and describe protection measures to be taken to prevent compaction to filtrate in filtration basins. - Lights per the original CUP — according to Lino Lakes lighting standards - Identify plowing areas in winter. 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X0: ° 535 a1 i 5 :. v ..... -- � Y • s ta365,7„y Kg F ejJa Q d s m e o ,qx d e " go. °no Sa o 2,1 .1 k i mWa _ ee .W — a d Bo: g:'.x :gwS�J'• <" �� 4 3� °5�j °a 31 ; F ,: r i o ATTACHMENT B Operation and Maintenance Agreement for Stormwater Treatment Features • • • • • • OPERATION AND MAINTENANCE AGREEMENT FOR STORMWATER TREATMENT FEATURES THIS AGREEMENT is made and entered into this day of , 2011, by and between Eagle Brook Church of White Bear Lake, Minnesota, whose address is 7015 20th Avenue North, Centerville, MN, 55038, a Minnesota nonprofit corporation, hereinafter referred to as "Owner" of the Property described below; and the City of Lino Lakes, a political subdivision of the State of Minnesota ( "City ") and the Rice Creek Watershed District "District "). WHEREAS, the legal description of the property, hereinafter referred to as the "Property," is: Lot 1, Block 1, Eagle Brook Addition, Anoka County, Minnesota and, WHEREAS, the City and the District have required the Owner to provide onsite stormwater ponds and associated facilities to manage runoff on the above described Property and do all related grading, slope work, and restoration in compliance with approved plans. WHEREAS, in 2004, the Lino Lakes City Council approved a conditional use permit and preliminary plat for the project with Resolution 04 -17 and the final plat with Resolution 04 -54. WHEREAS, the facilities on or to be located on the Property to which the maintenance requirements in the Agreement apply are labeled on the site plan attached hereto as Exhibit A, and are legally described on Exhibit B, each incorporated herein (the "Facilities "). WHEREAS, the City and the District, in separate actions, approved a site and building plan for a parking lot expansion on the property in 2011, which included additional stormwater management facilities not included in the 2004 plans. WHEREAS, Owner desires to subject the Property to certain conditions and restrictions imposed by the District as a condition to issuance of District Permit #09 -048 and by the City for the mutual benefit of all parties to this Agreement. 2011 Eagle Brook Church Stormwater Facilities Maintenance Agreement page 1 of 6 NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. The Owner assumes the full and sole responsibility for the condition, operation, repair, maintenance and management of the Facilities, at no cost to the City or the District, for the purpose of receiving, retaining, treating and transporting all storm water which may be collected within the Facilities. This Agreement expressly excludes Anoka County Ditch 72. 2. Neither the City nor the District shall under any circumstances be responsible for the on -going physical performance of any repairs, changes or alterations whatsoever to the Facilities nor shall they be liable for the cost thereof. 3. The Owner agrees, at no cost to the City or the District, to inspect the Facilities at least annually and also to regularly: (1) remove accumulated sediment from the Facilities to maintain dead storage volume equivalent to the volume approved by the City and the District, (2) maintain all native perennial vegetation and soil permeability in the Facilities area in a way which does not compromise the effectiveness of the infiltration Facilities, (3) maintain and trim all other shrubs and vegetation in the Facilities, (4) remove all litter and debris from the Facilities, (5) repair or replace any grass or other vegetation in the Facilities area disturbed by maintenance, (6) maintain the Facilities outlet structures, (7) take all other further steps which would be reasonably necessary for the purpose of maintaining the Facilities and their function as set forth in the approved plans; and (8) to submit to the District and the City annually a report listing inspection dates, the Facilities inspected, the condition of the Facilities, and any actions taken, including the dates of those actions. 4. The Owner agrees to indemnify, and hold harmless and defend the City and the District from all present and future claims that may arise from the construction and maintenance of the Facilities. 5. In the event that the City or the District believe that the Owner is not maintaining the Facilities in a fashion reasonably consistent with this Agreement, then either the City or the District may give written notice to the Owner detailing the deficiency in the manner in which the Owner is maintaining the Facilities. If, within 60 days after receipt of this notice, the deficiency described in the notice has not been corrected by the Owner, then either the City or the District may, without further notice, take any steps which it deems reasonably necessary in order to correct the deficiency; provided, however, that if the deficiency complained of in such notice is of such a nature that the same can be rectified or cured, but cannot with reasonable diligence be completed within said 60 -day period, then such deficiency shall be deemed to be rectified or cured if Owner shall, within said 60 -day period, commence to rectify and cure the same and shall thereafter complete such rectification and cure with all due diligence. If the Owner does not rectify or cure as provided herein, and the City or the District corrects the deficiency, the Owner agrees to reimburse the City or the District, as the case may be, within 30 days after receipt of invoice for all reasonable costs incurred, to include administrative overhead, by the City or the District in correcting the deficiency. If this invoice is not paid within 30 days of receipt, or the Owner has not commenced an action to contest the reasonableness of the invoice within sixty (60) days after receipt, then the Owner agrees that the City may assess the cost against the Property. In the event that it becomes necessary for the City to assess the actual cost of correcting the 2011 Eagle Brook Church Stormwater Facilities Maintenance Agreement page 2 of 6 deficiency as provided herein, then the City is authorized to direct the County Assessor to certify this assessment against the Property described above, on its behalf or on behalf of the District, as the case may be, and the Owner waives any right to a public hearing and appeal of such assessment which it may have pursuant to Minnesota Statutes Chapter 429. The City and the District shall use good faith efforts to coordinate with each other their respective rights and remedies described in this Paragraph 5. 6. That any notices required under this Agreement shall be sent by certified mail, return receipt requested, or by personal service at the following address: Eagle Brook Church of White Bear Lake, Minnesota 7015 20th Avenue North Centerville, MN, 55038 7. The plans reviewed with the site and building plan review include the following, prepared by SRF Consulting Group, Inc., dated January 14, 2011: T100 Title Sheet C100 Alignment Plan & Tabulation C101 Construction Plan C 102 Grading & Storm Sewer Plan C103 Signing, Striping & Lighting Plan C 104 Construction Details C105 Construction Details L100 Landscape Planting Plan L101 Landscape Planting Details FURTHER, IT IS AGREED that the provisions of this Agreement shall be binding upon and enforceable against the parties hereto, their successors and assigns and all subsequent owners of the Property herein described. An executed copy of this Agreement shall be filed with the Anoka County Recorder's Office and be made a part of and be binding upon the above described property. This instrument will be unlimited in duration without being re- recorded. This Agreement and the covenants and restrictions set forth herein are established for the benefit of the City and the District as public bodies and for the benefit of appurtenant public resources, and are not intended as "private covenants, conditions or restrictions" within the meaning of Minnesota Statutes Section 500.20. [Signatures on following page] 2011 Eagle Brook Church Stormwater Facilities Maintenance Agreement page 3 of 6 EAGLE BROOK CHURCH OF WHITE BEAR LAKE, MINNESOTA CITY OF LINO LAKES By ><1X/ / By Mayor Its EXEC., DIP- OP caPE S ATTEST: By City Clerk RICE CREEK WATERHSHED DISTRICT By Its P-- 2011 Eagle Brook Church Stormwater Facilities Maintenance Agreement page 4 of 6 • • • • • STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 2011, before me, a Notary Public within and for said County, personally appeared Jeff Reinert and Julieanne Bartell, to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA COUNTY OF AO 0 I ) ss. On this ? day of j M , 2011, before me, a Notary Public within and for said County, personally appeared — e ', ,ij R ce.e k-c of Eagle Brook Church of White Bear Lake, Minnesota, a Minnesota non profit corporation, who executed the foregoing instrument on behalf of the corporation. STATE OF MINNESOTA ) COUNTY OF kit /A& ss. AMANDA!. LEE Notary Public -State of Minnesota January Commission 13 02 On this 7.3 day of at v1 , 2011, before me, a Notary Public within and for said County, personally appeared Pk ! Re \ -C, o <i of the Rice Creek Watershed District, a Minnesota political subdivision, who executed the foregoing instrument on behalf of the district. Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 THERESA M. STASICA NOTARY PUBLIC MINNESOTA MY COMMISSION EXPIRES JANUARY 31, 2015 2011 Eagle Brook Church Stormwater Facilities Maintenance Agreement page 5 of 6 CONSENT AND SUBORDINATION Reliance Trust Company ( "Trustee "), the holder of a Trust Indenture and Fixture Filing dated June 1, 2004, filed for record with the County Recorder of Anoka County, Minnesota, on June 23, 2004, as Document No. 1934708, and assigned to Trustee by instrument dated May 24, 2005, hereby consents to the attached Agreement and agrees that its rights in the property affected by the Agreement shall be subordinate thereto. IN WITNESS WHEREOF, Reliance Trust Company ( "Trustee "), has caused this Consent and Subordination to be executed this �0 day of June, 2011. Reliance Trust Company By: Reliance Financial Corporation, as Agent ichael F. Hron, Assistant Secretary STA'1'b OF WISCONSIN COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this 09-/g0 day of June 2011, by Michael F. Hron, the assistant secretary of Reliance Financial Corporation, a Georgia corporation, as agent of Reliance Trust Company, as trustee. 4922723_3.DOC blicupo ►►sm, s'A {e NE 2011 Eagle Brook Church Stormwater Facilities Maintenance Agreement page 6 of 6 • • • • L ubp•y3lq;uxg- luaweaJby yygp\solydeip\Z eseyd \E444\L40\IIAIDG)4 cc =o U Yz o mw W J 0O 0z ill 1 d • U idTrI F---= a n m IIIIP I i1 i • am NE.. 1111.— c). a 7 \ , , ,/ ,% ,% 4 ,EGEND ETLAND BOUNDARY ACILITIES i I //' m r� I ubp•y3lq;uxg- luaweaJby yygp\solydeip\Z eseyd \E444\L40\IIAIDG)4 cc =o U Yz o mw W J 0O 0z ill 1 d • U idTrI F---= a n m • EXHIBIT B EAGLE BROOK CHURCH EASEMENT ACQUISITION DESCRIPTION SRF No. 6799 AUGUST 11, 2010 PARCEL 1 EAGLE BROOK CHURCH OF WHITE BEAR LAKE P.I.N. 11- 31 -22 -41 -0004 A perpetual easement for drainage and utility purposes over, under, across and through the West 40.0 feet of the East 1210.0 feet of the South 180.0 feet of the North 945.0 feet of Lot 1, Block 1, EAGLE BROOK ADDITION, according to the recorded plat thereof. Together with a perpetual easement for drainage and utility purposes over, under, across and through the West 50.0 feet of the East 880.0 feet of the South 420.0 feet of the North 1092.0 feet of said Lot 1. Together with a perpetual easement for drainage and utility purposes over, under, across and through the West 25.0 feet of the East 830.0 feet of the South 175.0 feet of the North 937.0 feet of said Lot 1. EXCEPT those parts thereof lying within the drainage and utility easements as dedicated in said EAGLE BROOK ADDITION.