HomeMy WebLinkAbout03-10-14 Council Packet EXPANDED AGENDA
CITY COUNCIL AGENDA
Monday, March 10, 2014
***********
6:30 p.m.
(Scheduled to be broadcast on Channel 16)
City Council: Mayor Reinert, Council Members Kusterman, Rafferty, Roeser and Stoesz
City Administrator: Jeff Karlson
CITY COUNCIL MEETING, 6:30 P.M.
Call to Order – 6:30 p.m.
Roll Call - Council Members Stoesz, Roeser, Rafferty, Kusterman, and Mayor
Reinert were present
Pledge of Allegiance
Open Mike / Public Comment
Chris Sterner, 7181 Cinnamon Teal Court, asked that the council consider changing
city regulations relative to keeping bees; the council will discuss the matter at the
April 7 work session
Setting the Agenda: Addition or deletion of agenda items
The agenda was amended to remove Item 6C as requested by staff
1. CONSENT AGENDA
A) Consideration of Expenditures:
i) March 10, 2014 (Check No. 97599 through 97675) in the
amount of $123,817.47;
ii) Centennial Fire District (Check No. 6276 through
6286) in the amount of $13,986.26);
B) Consider approval of February 24, 2014 Work Session Minutes
C) Consider approval of February 24, 2014 Council Meeting Minutes
D) Otter Lake Animal Hospital - Contract for Services
E) Consider Adoption of Resolution No. 14-17 Approving 1-4 Day
Temporary On-Sale Liquor License for the Chain of Lakes Rotary Club
F) Consider approval of February 24, 2014 Closed Council Session
Minutes
Action Taken: Motion by Roeser, seconded by Kusterman, to approve
the Consent Agenda, Items 1A through 1F, as presented, was adopted
2. FINANCE DEPARTMENT REPORT
No report
Council Agenda -2- March 10, 2014
EXPANDED AGENDA
3. ADMINISTRATION DEPARTMENT REPORT
A) Consider Resolution 14-22, Supporting Legislation Allowing Cities to
Publish Public Notices on its Website, Jeff Karlson
Action Taken: Motion by Roeser, seconded by Kusterman, to approve
Resolution No. 14-22, as presented, was adopted (Rafferty voted “no”)
B) Consider Resolution 14-18, Establishing 2014 Compensation Plan for Non-
Union Employees, Jeff Karlson
C) Consider Resolution 14-23, Approving Springsted Proposal to Conduct a
Fire Department Analysis, Jeff Karlson
Action Taken: Motion by Kusterman, seconded by Roeser, to approve
Resolution No. 14-23, as presented, was adopted
D) Consider Approving Employment Extension for Part-Time Scanner
Operators, Jeff Karlson
Action Taken: Motion by Roeser, seconded by Kusterman, to approve
the employment extension as requested, was adopted
4. PUBLIC SAFETY DEPARTMENT REPORT
No report
5. PUBLIC SERVICES DEPARTMENT REPORT
No report
6. COMMUNITY DEVELOPMENT REPORT
A) NorthPointe, Katie Larsen
i. Consider First Reading of Ordinance 02-14 to Rezone Property
from R, Rural to PUD-Planned Unit Development
Action Taken: Motion by Kusterman, seconded by Roeser, to approve
the 1st Reading of Ordinance No. 02-14, as presented, was adopted
ii. Consider Resolution 14-21 Approving Development Stage Plan/
Preliminary Plat and Amending Utility Phase Boundary
Action Taken: Motion by Kusterman, seconded by Roeser, to approve
Resolution No. 14-21, with amendments recommended by staff, was
adopted
B) Consider Resolution No. 14-26, Approving Land Use Agreement
for 7309 Lake Drive, Michael Grochala
Action Taken: Motion by Roeser, seconded by Kusterman, to approve
Resolution No. 14-26, as presented, was adopted
C) Consider Resolution 14-24, Accepting Bids and Awarding Contract,
21st Avenue Street and Utility Improvements, Jason Wedel
Council Agenda -3- March 10, 2014
EXPANDED AGENDA
D) Consider Resolution 14-25, Approving Site Performance Agreement
with Metro Transit, Jason Wedel
Action Taken: Motion by Rafferty, seconded by Stoesz, to approve
Resolution No. 14-25, as presented, was adopted
E) Consider 1st Reading of Ordinance No. 03-14 Amending Chapter 8 of the Lino
Lakes City Charter, Regarding Public Improvements and Special Assessments
Action Taken: Motion by Roeser, seconded by Kusterman, to approve
the 1st Reading of Ordinance No. 03-14 for referral to the Charter
Commission, was adopted
Action Taken: Motion by Roeser, seconded by Rafferty, to approve the
1st Reading of Ordinance No. 04-14 for referral to the Charter
Commission, was adopted
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Motion by Rafferty, seconded by Stoesz, to adjourn at 8:20 p.m., was
adopted
Community Calendar – A Look Ahead
March 11, 2014 through March 24, 2014
Wednesday, March 12 6:30 pm, Council Chambers Planning & Zoning
Monday, March 24 5:30 pm, Community Room Council Work Session
Monday, March 24 6:30 pm, Council Chambers City Council Meeting
CENTENNIAL FIRE DISTRICTCheck Register - FIRE GLPage: 1
Check Issue Dates: 2/11/2014 - 2/21/2014Feb 21, 2014 02:53PM
Report Criteria:
Report type: Summary
Vendor.Vendor number = 1-210299, 210301-999999
GLCheckCheckVendorDescriptionCheck
PeriodIssue DateNumberNumberPayeeAmount
02/1402/21/2014627611565ASPEN MILLS, INCUNIFORM NEW HIRE160.25
02/1402/21/2014627731137CONNEXUS ENERGYSTATION 1 JAN ELECTRIC684.04
02/1402/21/2014627831505COON RAPIDS FIRE DEPTFEMA-PPE EQUIPMENT3,200.00
02/1402/21/2014627960300FIRE SAFETY USA, INCUNIFORMS43.00
02/1402/21/2014628060650FRATTALLONE'S HARDWARE SELEC RECEPTACLE4.16
02/1402/21/20146281120465LINWOOD FIRE DEPT.FEMA-PPE EQUIPMENT8,000.00
02/1402/21/20146282131470MUNICIPAL EMERGENCY SERVUNIFORMS FIRE HOODS101.72
02/1402/21/20146283160130PERFORMANCE PLUS LLCFEMA-HEALTH SCREENS980.00
02/1402/21/20146284160493PREMIUM WATERS, INCBOTTLED WATER3.16
02/1402/21/20146285220200VERIZON WIRELESSCOMMUNICATIONS105.74
02/1402/21/20146286240100XCEL ENERGYSTATION 2 ELECTRIC704.19
Grand Totals:13,986.26
M = Manual Check, V = Void Check
CENTENNIAL FIRE DISTRICTInvoice Register - Edit ReportPage: 1
Input Dates: 2/11/2014 - 2/21/2014Feb 21, 2014 02:24PM
NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period
02/21/2014
11565 ASPEN MILLS, INC
ASPEN MIL115651457201InvoiUNIFORMS 02/21/201402/21/201464.50801-42-2210-21802/14
ASPEN MIL115651459001InvoiUNIFORM NEW HIRE02/21/201402/21/201495.75801-42-2210-21802/14
Total 11565 ASPEN MILLS, INC:160.25
31137 CONNEXUS ENERGY
CONNEXU311370221141InvoiSTATION 1 JAN ELECTRIC02/21/201402/21/2014 684.04801-42-2210-38002/14
Total 31137 CONNEXUS ENERGY:684.04
31505 COON RAPIDS FIRE DEPT
COON RAP315058019-21InvoiFEMA-PPE EQUIPMENT02/21/201402/21/20143,200.00801-42-2350-56002/14
Total 31505 COON RAPIDS FIRE DEPT:3,200.00
60300 FIRE SAFETY USA, INC
FIRE SAFE60300669441InvoiUNIFORMS 02/21/201402/21/201443.00801-42-2210-21802/14
Total 60300 FIRE SAFETY USA, INC:43.00
60650 FRATTALLONE'S HARDWARE STORE
FRATTALL60650461591InvoiELEC RECEPTACLE02/21/201402/21/20144.16801-42-2210-40102/14
Total 60650 FRATTALLONE'S HARDWARE STORE:4.16
120465 LINWOOD FIRE DEPT.
LINWOOD 1204657093/82131InvoiFEMA-PPE EQUIPMENT02/21/201402/21/20148,000.00801-42-2350-56002/14
Total 120465 LINWOOD FIRE DEPT.:8,000.00
131470 MUNICIPAL EMERGENCY SERVICES INC
MUNICIPAL 131470004918731InvoiUNIFORMS FIRE HOODS02/21/2014 02/21/2014101.72801-42-2210-21802/14
Total 131470 MUNICIPAL EMERGENCY SERVICES INC:101.72
160130 PERFORMANCE PLUS LLC
PERFORM16013036711InvoiFEMA-HEALTH SCREENS02/21/201402/21/2014 980.00801-42-2350-30802/14
Total 160130 PERFORMANCE PLUS LLC:980.00
160493 PREMIUM WATERS, INC
PREMIUM 160493625346-011InvoiBOTTLED WATER02/21/201402/21/20143.16801-42-2210-20102/14
Total 160493 PREMIUM WATERS, INC:3.16
220200 VERIZON WIRELESS
VERIZON 220200971956101InvoiCOMMUNICATIONS02/21/201402/21/2014105.74801-42-2210-32102/14
Total 220200 VERIZON WIRELESS:105.74
240100 XCEL ENERGY
XCEL ENE2401000221141InvoiSTATION 2 ELECTRIC02/21/201402/21/2014 704.19801-42-2210-38002/14
Total 240100 XCEL ENERGY:704.19
CENTENNIAL FIRE DISTRICTInvoice Register - Edit ReportPage: 2
Input Dates: 2/11/2014 - 2/21/2014Feb 21, 2014 02:24PM
NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period
Total 02/21/2014:13,986.26
2/21/2014 GL Period Summary
GL PeriodAmount
02/1413,986.26
Grand Totals:13,986.26
Grand Totals:13,986.26
Report GL Period Summary
GL PeriodAmount
02/1413,986.26
Grand Totals:13,986.26
Vendor number hash:1239580
Vendor number hash - split:1239580
Total number of invoices:12
Total number of transactions:12
Terms DescriptionInvoice Amount Discount AmountNet Invoice Amount
Open Terms13,986.26.0013,986.26
Grand Totals:13,986.26.0013,986.26
CITY COUNCIL WORK SESSION February 24, 2014
DRAFT
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : February 24, 2014 4
TIME STARTED : 5:30 p.m. 5
TIME ENDED : 6:20 p.m. 6
MEMBERS PRESENT : Councilmember Stoesz, Kusterman, 7
Rafferty, Roeser and Mayor Reinert 8
MEMBERS ABSENT : None 9
10
11
Staff members present: City Administrator Jeff Karlson; Community Development 12
Director Michael Grochala; Public Safety Director John Swenson. 13
14
1. Dave Unmacht, Springsted – Proposal for Fire Department Analysis (also present, 15
Terri Heaton of Springsted and via phone Mr. Patrick Simpson) – Ms. Heaton noted that 16
she serves as financial advisor for the city and has interest in seeing the best analysis and 17
services involved in a venture of this nature; she reported that she is comfortable that the 18
services of both Mr. Simpson and Mr. Unmacht will be just that. 19
20
Dave Unmacht reviewed the written proposal he has provided. The project would 21
include the involvement of Mr. Simpson who has extensive experience in the area of fire 22
services. He reviewed the list of specific objectives. He explained that he recognizes the 23
importance of credibility in going through a process such as this and in reaching an 24
outcome based on fair and objective information. He reviewed the tasks and deliverables 25
that would be expected through this process. Fees and expenses are also estimated in the 26
report. Mayor Reinert asked about the timeline and Mr. Unmacht indicated the two to 27
three month estimate but that they will work for a shorter time frame. Council Member 28
Rafferty asked Mr. Simpson about his work with the City of Roseville where they 29
consolidated to one station. Mr. Simpson explained that they started with a goal of 30
reducing from three to two stations which they achieved but then the city did come to a 31
point later (without his involvement) where they consolidated to one station. For Lino 32
Lakes, there are national benchmarks established for response times and they will be the 33
guide. Council Member Roeser asked Mr. Simpson if he has experience in doing 34
public/private partnership and he explained his background that includes some of that 35
work. Mr. Unmacht noted that the City of Chanhassen was inadvertently not mentioned 36
in the experience section of the report and he and Mr. Simpson explained their recent 37
work assisting that city in determining how to meet their needs without building another 38
station. Council Member Roeser asked if they will be able to deal with the areas of the 39
city without water hydrants and Mr. Simpson explained how that situation can be 40
addressed; he has certainly dealt with it before. 41
42
Council Member Kusterman asked if the result of the study will be a document that the 43
council and others can review and Mr. Unmacht said yes. Mayor Reinert said he is 44
comfortable with moving forward with this first phase. 45
1
CITY COUNCIL WORK SESSION February 24, 2014
DRAFT
46
REVIEW REGULAR AGENDA ITEMS 47
48
Item 3B, Consider Resolution No. 14-18, Establishing 2014 Compensation Plan for Non-49
Union Employees – Mayor Reinert indicated that there are questions regarding this item 50
and so it will be removed from the agenda to be discussed at the March work session. 51
52
Item 6A, Second Reading of Ordinance 01-14 to Rezone Property from R, Rural and R-1, 53
Single Family Residential to PUD-Planned Unit Development for Saddle Club – 54
Community Development Director Grochala reviewed the ordinance before the council 55
for second reading. Mayor Reinert asked if there has been any progress relative to the 56
Comcast property (for access) and Mr. Grochala explained that the City Engineer has 57
attempted to communicate with Comcast; staff would plan an official communication in 58
the future. On this project staff would intend to move forward with the development 59
plans as planned. The mayor urged staff to keep trying to make that connection happen. 60
61
There were no other changes to the regular Council agenda. 62
63
The meeting was adjourned at 6:20 p.m. 64
65
These minutes were considered, corrected and approved at the regular Council meeting held on 66
March 10, 2014. 67
68
69
70
Julianne Bartell, City Clerk Jeff Reinert, Mayor 71
72
2
COUNCIL MINUTES February 24, 2014
DRAFT
CITY OF LINO LAKES 1
MINUTES 2
3
4
DATE : February 24, 2014 5
TIME STARTED : 6:30 p.m. 6
TIME ENDED : 7:10 p.m. 7
MEMBERS PRESENT : Council Member Stoesz, Kusterman, Rafferty, 8
Roeser, and Mayor Reinert 9
MEMBERS ABSENT : none 10
11
12
Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 13
Grochala; Chief of Police John Swenson. 14
15
PUBLIC COMMENT 16
17
Ivy Cavegn, 311 Linda Lane, addressed the council regarding their recent decision on seceding from 18
the Centennial Fire District. She offered information on the per capita cost of fire services, 19
expenditure increase safeguards included in the contract with the District, and calculations on how 20
costs are charged back to the city. She questions why the council felt the city needs majority veto 21
power on the district steering committee. She also questions why there is no cost analysis nor has 22
there been any community input on the establishment of a city fire department. 23
24
Adam LaMere, 7860 Lake Drive, addressed the council regarding the fire department and asked for 25
more explanation of why the city would want to pull out of the Centennial District; more planning is 26
needed. 27
28
Bill Neeck, 907 Oak Lane, noted concern about withdrawing from the fire district. He’s concerned 29
about impact on the employees, residents and taxes. 30
31
Mayor Reinert provided history on the city’s involvement with the fire district highlighting the growth 32
of the city in 28 years, the intent of allowing for renegotiation as population grew, the unwillingness 33
to allow for that renegotiation, and growth of fire department’s full time personnel. He explained 34
the review that the council has already undertaken, including information and plans for equipment, 35
insurance ratings and fire personnel. He explained the need for an additional fire station regardless 36
of the split from the district. He read from what has already been published providing information 37
including facts and responding to questions. 38
39
Council Member Roeser noted that the planning process for a new department will cover a two year 40
period. This was a decision made over time and based on concern that has existed for some time. 41
There are some fiscal responsibility concerns involved. This will be a journey and no plugs have been 42
pulled yet but there is a clear goal to provide the best fire safety services possible. 43
44
45
1
COUNCIL MINUTES February 24, 2014
DRAFT
SETTING THE AGENDA 46
47
The agenda was amended to removed Item 3B (2014 Compensation Plan for Non-Union Employees) 48
for further discussion. 49
50
CONSENT AGENDA 51
52
Council Member Rafferty moved to approve the Consent Agenda, Items 1A through 1F as presented. 53
Council Member Stoesz seconded the motion. Motion carried on a unanimous voice vote. 54
55
ITEM ACTION 56
57
Consideration of Expenditures: 58
59
February 24, 2014 (Check No. 97513 – 97598) 60
$233,397.20 ) Approved 61
62
Centennial Fire District (Check No. 6235 - 6267, 63
$20,925.32) Approved 64
65
February 3, 2014 Council Work Session Minutes Approved 66
67
February 10, 2014 City Council Meeting Minutes Approved 68
69
February 10, 2014 Closed Council Meeting Minutes Approved 70
71
Application to conduct two Excluded Bingo Events, 72
Rice Lake Elementary Approved 73
74
Resolution No. 14-19, Peddler License for Edward 75
Jones Financial Advisors Approved 76
77
FINANCE DEPARTMENT REPORT 78
79
There was no report from the Finance Department. 80
81
ADMINISTRATION DEPARTMENT REPORT 82
83
3A) Resolution No. 14-20, Approving an On-Sale Wine and 2.3 Beer License with Sunday 84
Sales for Hometown Pizza, 6511 Ware Road- Administrator Karlson explained the application 85
process, the location (previously used as a pizza restaurant) and introduced the applicant, Mr. Ponds. 86
87
Mr. Ponds noted his interest in expanding into Lino Lakes (he currently operates a take out/delivery 88
service establishent in Circle Pines). He would like to offer his customers the option of beer/wine 89
2
COUNCIL MINUTES February 24, 2014
DRAFT
but doesn’t plan on operating as a bar. They have improved the facility through modernization and a 90
more open concept. 91
92
Council Member Roeser moved to approve Resolution No. 14-20 as presented. Council Member 93
Kusterman seconded the motion. Motion carried on a unanimous voice vote. 94
95
PUBLIC SAFETY DEPARTMENT REPORT 96
97
There was no report from the Public Safety Department. 98
99
PUBLIC SERVICES DEPARTMENT REPORT 100
101
There was no report from the Public Services Department. 102
103
COMMUNITY DEVELOPMENT DEPARTMENT REPORT 104
105
6A) Second Reading and Passage of Ordinance No. 01-14, Rezone Property from R, Rural 106
and R-1, Single Family Residential to PUD-Planned Unit Development for Saddle Club – 107
Community Development Director Grochala noted that this rezoning is part of a development project 108
that has been reviewed and discussed by the council. First reading of this ordinance was approved by 109
the council on February 10, 2014. 110
111
Council Member Rafferty moved to waive full reading of the ordinance. Council Member Stoesz 112
seconded the motion. Motion carried on a unanimous voice vote. 113
114
Council Member Kusterman moved to approve the 2nd Reading and passage of Ordinance No. 01-04 115
as presented. Council Member Roeser seconded the motion. Motion carried: Yeas, 5; Nays none. 116
117
UNFINISHED BUSINESS 118
119
There was no Unfinished Business. 120
121
NEW BUSINESS 122
123
There was no New Business. 124
125
COMMUNITY EVENTS 126
127
LINO LAKES LIONS PRIME RIB DINNER - This event will be held Saturday, March 1 at St. 128
Joseph of the Lake Church. For more information contact the Lino Lakes Lions at 651-343-2967. 129
130
BLUE HERON ELEMENTARY BLUE HAWAIIAN CARNIVAL This event will be held Saturday, 131
March 1 from 11-2:00 p.m. at Blue Heron Elementary on Elm Street. For more information contact 132
Denise Berger at 651-785-9262. 133
134
3
COUNCIL MINUTES February 24, 2014
DRAFT
FOURTH ANNUAL SUPER HERO CARNIVAL – Dress up like your favorite super hero! This 135
event will take place at Blue Heron Elementary on Saturday, March 8 from 10-11:30 a.m. For 136
additional information call Lino Lakes Parks & Rec. at 651-982-2440 137
138
COMMUNITY CALENDAR 139
140
Community Calendar – A Look Ahead 141
March 11, 2014 through March 24, 2014 142
Wednesday, March 12 6:30 pm, Council Chambers Planning & Zoning 143
Monday, March 24 5:30 pm, Community Room Council Work Session 144
Monday, March 24 6:30 pm, Council Chambers City Council Meeting 145
146
ADJOURN 147
148
There being no further business, Council Member Rafferty moved to adjourn at 7:10 p.m. Council 149
Member Stoesz seconded the motion. Motion carried unanimously. 150
151
These minutes were considered and approved at the regular Council Meeting, March 10, 2014. 152
153
154
155
156
Julianne Bartell, City Clerk Jeff Reinert, Mayor 157
158
4
CITY COUNCIL
AGENDA ITEM 1D
STAFF ORIGINATOR: John Swenson, Chief of Police
MEETING DATE: March 10, 2014
TOPIC: Otter Lake Animal Hospital – Contract for Services
VOTE REQUIRED: 3/5
INTRODUCTION
As part of the animal control services provided to the residents of City of Lino Lakes, the City
has contacted with the Otter Lake Animal Care Center (OLACC) for the past 18 years. Our
relationship during this time with OLACC has been very professional and meets the needs of
the citizens as well as the City by utilizing the provisions of this contract.
BACKGROUND
As outlined in the contract for service, the Otter Lakes Animal Care Center agrees to provide
the following services:
1. Shelter for animals on a 24 hour basis.
2. Pick up and transport to the shelter building, during normal business hours, seven days
per week upon the request of the appropriate City of Lino Lakes official.
3. Animal examinations and veterinary care as required whenever staff is available.
4. Boarding for up to seven (7) days.
5. Euthanasia and disposal of animals if required.
6. Assist in the handling animal abuse/neglect cases in cooperation with City of Lino
Lakes officials when necessary.
7. Vaccinate all boarders with Bordatella upon arrival at the facility.
There is a complete breakdown of all fees in the attached contract. It should be noted the fee
structure for 2014 is the same as the 2013 contract.
RECOMMENDATION
Staff recommends approval the contract renewal with Otter Lake Animal Care Center.
ATTACHMENTS
Contract with Otter Lake Animal Care Center
AGENDA ITEM 1E
STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk
MEETING DATE: March 10, 2014
TOPIC: Consider Adoption of Resolution No. 14-17,
Approving an application for a Temporary On-Sale
Liquor License for the Chain of Lakes Rotary Club
VOTE REQUIRED: Simple Majority (3/5 Vote Required)
INTRODUCTION
The Chain of Lakes Rotary Club has scheduled their 3rd Annual Chain of Giving
fundraising event. The event is scheduled for Sunday, April 5, 2014 to be held at St.
Joseph’s Church, 171 Elm Street. The Chain of Lakes Rotary Club is requesting
approval of a 1 to 4 Day Temporary On-Sale Liquor License to allow a cash bar as part of
their catered dinner.
BACKGROUND
This type of license requires submission of an application to the city, that the request
meets city ordinance requirements, and also that a background check be completed on the
license applicant. Staff has reviewed the application and background and found no
reason to deny the license.
A copy of the application and the results of the background check are on file in the city
clerk’s office. The license fee has been paid, and a Certificate of Liability Insurance as
required by the Department of Public Safety, Alcohol & Gambling Division has been
submitted.
RECOMMENDATION
Approve Resolution No. 14-17 approving the Chain of Lakes Rotary Club application for
a temporary on-sale liquor license.
CLOSED COUNCIL SESSION February 24, 2014
DRAFT
1
CITY OF LINO LAKES 2
MINUTES 3
CLOSED COUNCIL SESSION 4
5
DATE : February 24, 2014 6
TIME STARTED : 7:17 p.m. 7
TIME ENDED : 9:04 p.m. 8
MEMBERS PRESENT : Council Members Rafferty, Roeser, 9
Kusterman, Stoesz and Mayor Reinert 10
MEMBERS ABSENT : none 11
12
Staff present: City Administrator Jeff Karlson; Community Development Director 13
Michael Grochala; City Attorney Joseph Langel 14
15
Mayor Reinert called the meeting to order at 7:17 p.m. in the Council Workroom at Lino 16
Lakes City Hall. 17
18
The meeting was convened as a closed session of the city council pursuant to the Open 19
Meeting Law for the purpose of discussing assessment mediations. The meeting was not 20
recorded (attorney client privileged). 21
22
The meeting was adjourned at 9:04 p.m. 23
24
These minutes were considered, corrected and approved at the regular Council meeting held on 25
March 10, 2014. 26
27
28
29
30
Julianne Bartell, City Clerk Jeff Reinert, Mayor 31
32
1
CITY COUNCIL
AGENDA ITEM 3A
STAFF ORIGINATOR: Jeff Karlson
MEETING DATE: March 10, 2014
TOPIC: Support for Legislation Regarding Publishing of Public Notices
VOTE REQUIRED: 3/5
INTRODUCTION
The Council is being asked to support a legislative bill that would allow local units of
government the option of publishing statutorily required public notices on their websites
instead of paying to publish notices in a newspaper.
BACKGROUND
Minnesota law currently requires cities to publish costly public notices in a “qualified
newspaper” designated by the city. This includes meeting minutes, new ordinances,
advertisement for bids, various financial reports, meeting and hearing notices, and notices of
elections and sample ballots.
Citizen access to the Internet has grown substantially the past two decades while the circulation
of most daily and weekly newspapers has declined. Because of this, cities have invested
heavily in websites and other electronic communication to ensure their residents have access to
timely information. Cities are also expected to operate their budgets in the most efficient and
effective way possible.
The League of Minnesota Cities supports SF 1152 and HF 1286, and is encouraging city
councils across the state to support this change.
RECOMMENDATION
Approve Resolution 14-22, supporting legislation allowing cities to publish official notices on
its website.
ATTACHMENTS
Resolution No. 14-22
LMC Talking Points Regarding the Alternative Publication Options for Cities
CITY OF LINO LAKES
RESOLUTION NO. 14-22
A RESOLUTION SUPPORTING LEGISLATION ALLOWING CITIES
TO DESIGNATE ITS WEBSITE TO PUBLISH PUBLIC NOTICES
WHEREAS, cities are currently required by law to publish public notices in a designated
official newspaper for the city (Minn. Stat. 331A); and
WHEREAS, cities are committed to providing information to citizens and increasing access to
information about city operations and business; and
WHEREAS, citizens expect and insist on information in an immediate format; and
WHEREAS, cites have limited resources and must utilize tax dollars in the most efficient way
possible; and
WHEREAS, cities should have the authority to determine the best and most efficient method of
communicating information to citizens based on citizen expectations; and
WHEREAS, cities are continually improving and investing in technology to reach more citizens
in a timely manner; and
WHEREAS, utilizing city websites to publish public notices would eliminate the costly burden
of publishing in newspapers; and
WHEREAS, city websites are increasingly the first place citizens look for information about
their cities; and
WHEREAS, the ability of city websites to provide citizens with detailed, up-to-date information
exceeds that of print media.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes
supports HF 1286 and SFR 1152, legislation now before the 2014 legislature, that would allow
cities to publish certain public notices on their websites instead of an official newspaper.
Adopted by the City Council of the City of Lino Lakes this 10th day of March 2014.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_______________and was duly seconded by Council Member ________________ and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
#lmcleg
Alternative Publication Options for Cities
Improving and Increasing Access to Government Information
The League supports SF 1152/HF 1286 which would allow cities to determine whether web publication
should replace or supplement newspaper publication of public notices.
Background
Minnesota state law currently requires cities to publish certain types of information in one “qualified
newspaper” designated by the city. These items are referred to as “official notices,” “legal notices” and
“public notices” in state statute. While the requirements vary based on a city’s population, most cities
must publish: meeting minutes; new ordinances; advertisements for bids; various financial reports;
meeting and hearing notices; and notices of elections and sample ballots.
Key Messages: Improving and Increasing Access to Information
• Technology has changed dramatically since this mandate became law more than 60 years ago.
o Cities rely on and value citizen engagement and participation and have invested heavily in
city government web sites and other electronic communication (such as text message
notification, email alert systems, and social media).
• Some community newspapers publish only once or twice a week, or less.
o Citizens expect and demand timely information via electronic communication tools that
allow for instant, updated communication.
• Current law requires publication of notices in a single area newspaper.
o Cities served by multiple newspaper publications are mandated to publish costly notices that
only reach small segments of their community’s residents.
Alternative Publication Options Fit with Governor Dayton’s “Un-Session”
The goal of the 2014 “Un-Session” is to “improve service, shorten wait times, eliminate old and
outdated rules, and undo anything else that makes government nearly impossible for people to
understand.” It is time to:
• Eliminate outdated publication requirements of where notices are published that no longer
represent the current state of technology nor how Minnesotans access information. Increasing
options would neither change what information needs to be published nor when it needs to be
published, only where it can be published.
• Shorten wait times by providing instant, updated and timely information to Minnesotans in a format
they expect.
• Improve service by allowing for local control. For some cities, newspaper publication will still
remain the best option. For the 75% of cities with their own websites (90% in larger and/or metro
communities), online publication may be more cost efficient and reach more residents. Residents
may request paper copies of official notices mailed to their residence.
Questions? Please contact Ann Lindstrom at (651) 281-1261 or alindstrom@lmc.org.
CITY COUNCIL
AGENDA ITEM 3C
STAFF ORIGINATOR: Jeff Karlson
MEETING DATE: March 10, 2014
TOPIC: Springsted Proposal for a Fire Department Analysis
VOTE REQUIRED: 3/5
INTRODUCTION
The Council is being asked to adopt Resolution No. 14-23, authorizing Springsted, Inc. to
conduct a fire department analysis at a cost not to exceed $20,000.
BACKGROUND
Springsted was asked to prepare a proposal for the Council, which they presented at the
February 24 work session. The Council supported having Springsted conduct a Phase I
analysis for a cost not to exceed $20,000.
RECOMMENDATION
Adopt Resolution No. 14-23, approving Springsted, Inc. proposal to conduct a fire department
analysis.
ATTACHMENTS
Resolution No. 14-23
CITY OF LINO LAKES
RESOLUTION NO. 14-23
RESOLUTION APPROVING SPRINGSTED, INC PROPOSAL
TO CONDUCT A FIRE DEPARTMENT ANALYSIS
WHEREAS, the Lino Lakes City Council submitted a formal notice to the cities of Centerville
and Circle Pines of its intent to withdraw from the Centennial Fire District pursuant to Section
11.1 of the Joint Powers Agreement; and
WHEREAS, the Council wishes to hire a qualified outside agency to perform an analysis of the
City’s current fire service operations and to develop a plan for delivering the same basic level of
fire services in Lino Lakes; and
WHEREAS, the analysis will include the following elements of the fire service: facility,
equipment, and capital needs to assess present needs and plan for the future; staffing and
structure to evaluate the baseline options for service delivery; and facilitation skills to effectively
engage City leaders and stakeholders in helping to shape the future of the fire service; and
WHEREAS, Springsted, Inc. submitted a proposal to conduct a fire department analysis that
would focus primarily on the following topics: (1) Overview of baseline fire service including
risk, demand, deployment, and response time; (2) Identify different options and models for
organizing a fire department; (3) Evaluate the addition of one new fire station with a preliminary
location on Birch Street; (4) Develop a list of essential needs required to begin a new fire
department; and (5) Identify pros and cons of combining the police and fire department; and
WHEREAS, the Council believes Springsted’s proposal offers experienced professionals with
proficient skills to meet and exceed the Council’s expectations for a thorough and complete
analysis to help the City implement a new fire department; and
WHEREAS, the total fee for a Phase I analysis of the fire service would not exceed $20,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes,
Minnesota hereby authorize Springsted, Inc. to conduct a Phase I fire department analysis at a
cost not to exceed $20,000.
Adopted by the Council of the City of Lino Lakes this 10th day of March 2014.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_______________and was duly seconded by Council Member ________________ and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
CITY COUNCIL
AGENDA ITEM 3D
STAFF ORIGINATOR: Jeff Karlson
MEETING DATE: March 10, 2014
TOPIC: Employment Extension for PT Scanner Operators
VOTE REQUIRED: 3/5
INTRODUCTION
The Council is being asked to approve extending the employment of two scanner operators for
an additional three to six months.
BACKGROUND
Last October the City Council authorized staff to hire two temporary part-time scanner
operators for up to a six-month period, which ends mid-April. Their hourly rate of pay is
$10.50 an hour. They have been working an average of 24 hours a week.
The scanner operators, Amber Lozier and Matthew Perrault, have both been doing an excellent
job scanning files into the Laserfiche document imaging system. It is a very tedi ous process
due to the sheer volume of documents that need to be properly organized and electronically
filed. Estimating the percentage of files that have been converted to an electronic format would
merely be a guess.
All the documents that have been scanned to this point are from finance and administration.
We hope to start scanning community development files in about two months.
RECOMMENDATION
Approve employment extension for part-time scanner operators for up to an additional six
months.
1
CITY COUNCIL
AGENDA ITEM 6A
STAFF ORIGINATOR: Katie Larsen, City Planner
MEETING DATE: March 10, 2014
TOPIC: NorthPointe
i. Consider First Reading of Ordinance 02-14 to Rezone Property
from R, Rural to PUD-Planned Unit Development
ii. Consider Resolution 14-21 Approving Development Stage
Plan/Preliminary Plat and Amending Utility Phase Boundary
VOTE REQUIRED: 3/5
INTRODUCTION
The proposed development is a PUD residential subdivision located northeast of the
intersection of Birch Street and 20th Avenue South (CSAH 54). After revisions from the
Planning & Zoning Board Staff Report, the plat is approximately 94.09 gross acres and consists
of a residential density mix of single family lots and an 88 unit senior multi-family residence.
The following is a breakdown of unit development:
• 216 Single Family Lots
• 12 Future Single Family Lots
• 88 unit multi-family
• 316 TOTAL UNITS
A public hearing was held by the Planning & Zoning Board on December 11, 2013 and
continued to the February 12, 2014 meeting.
The Land Use Application is for the following:
• Rezone property from R, Rural to PUD-Planned Unit Development
• PUD Development Stage Plan/Preliminary Plat for NorthPointe
Staff Reports from the December 11, 2013 and February 12, 2014 Planning & Zoning Board
meetings provide detailed analysis of the development.
2
BACKGROUND
Rezoning
The property is currently zoned R, Rural and requires rezoning to PUD-Planned Unit
Development. The PUD provides the flexibility from the strict standards of the R-2 Two
Family Residential District as detailed in Resolution No. 14-21. Unless otherwise stated in the
PUD resolution, the regulations and performance standards of the zoning ordinance and R-2
Two Family Residential District will be in effect.
The PUD flexibilities are provided to allow for a variety of detached single family housing
products that are in current market demand vs. standard townhome medium density
development. The PUD flexibility also compliments walkable neighborhoods, protects the
greenway corridor and reduces the development footprint and impervious surface area.
The rezoning is consistent with the Comprehensive Plan and meets the purpose and intent of
the PUD by encouraging:
• Innovations in development that address growing demands for all styles of economic
expansion, greater variety in type, design, architectural standards, and siting of
structures through the conservation and more efficient use of land in such
developments.
• The preservation and enhancement of desirable site characteristics such as existing
vegetation, natural topography and geologic features and the prevention of soil erosion.
• An efficient use of land resulting in smaller networks of utilities and streets thereby
lowering development costs and public investments.
Density Calculations
Gross Area (acres) 94.09
Wetland 9.56
Conservation Easements 0.68*
Arterial ROW 0.26
Park Dedication 5.04
Net Area (acres) 78.55
# of Units 316
Gross Density (units/acre) 3.36
Net Density (units/acre) 4.02
*Acreage may change pending final Rice Creek Watershed District approval
3
The property is guided for Medium Density per the City’s Comprehensive Plan which requires
a net density of 4.0 to 5.9 dwelling units per acre. The proposed plan of 4.02 units per acre is
consistent with the Comprehensive Plan’s guided land use and density.
Concerns were brought forward at the public hearing regarding the medium density. It is
important to note the developer is required to develop at 4.0 to 5.9 units per acre per the City’s
Comprehensive Plan. The proposed development at 4.02 units per acre is the lowest end of the
medium density spectrum. The highest medium density allowed at 5.9 units per acre could
create 463 total units which is 147 units more than proposed. The PUD flexibility is not
creating anymore density than is allowed. The flexibility actually allows for the lowest possible
medium density and single family detached homes. It should also be noted that of the 216
single family lots proposed in the preliminary plat, 186 of them exceed the minimum R-2
requirements for lot width (60 feet) and lot size (7,500 s.f.).
The proposed project will also require a City Council resolution to amend the five (5) year
Utility Staging Area boundaries since the site spans two different areas (1A and 1B).
Subdivision Ordinance and Comprehensive Plan
The PUD Development Stage Plan/Preliminary Plat has been reviewed for compliance with the
comprehensive plan, zoning and subdivision ordinance. The proposed development is not
considered premature and meets the performance standards of the subdivision and zoning
ordinance. The City will require a combination of land dedication and cash in lieu of land. The
proposal dedicates 5.04 acres of parkland and trail which will be deeded to the City. A Tree
Inventory Report, Tree Preservation Plan and Landscape Plan have been submitted which
identifies existing trees, trees to be removed, new plantings, basic use area, natural resource
conservation area and natural resource protected area. The Landscape Plan identifies required
Boulevard Trees, Buffer/Screen Plantings, Open Area Calculations and Replacement Tree
Schedule. The applicant has started the Letter of Map Revision (LOMR) process with the
Federal Emergency Management Agency (FEMA) to verify the floodplain is not impacted by
development.
A Traffic Impact Study was prepared by Westwood Professional Services (November 2013) on
behalf of the developer to anal yze traffic impacts along 20th Avenue South (CSAH 54).
Conclusions from the study indicate the intersections at 20th Avenue South and Cedar Street
and 20th Avenue South and Street A will operate at a Level of Service A (LOS A) in the 2019
No-build and 2019 Build conditions. The report notes a northbound and southbound turn lane is
required at 20th Avenue South and Street A per Anoka County standards.
Anoka County Highway Department has provided a comment letter dated January 24, 2014. In
general, the County’s comments relate to required additional right of way, proper sight
distance, turn lane construction along CSAH 54 and appropriate noise mitigation. Right of way
has been dedicated per the plat. Trees are being removed within the CSAH 54 right of way to
provide proper sight distances. Turn lanes are being analyzed at both Cedar Street and Street A
with final approval required by the County. A noise mitigation analysis is being prepared by the
developer. In addition, a landscape buffer is being planted in the rear yards abutting CSAH 54.
4
Lino Lakes, Centerville and the developer are also analyzing different options for
improvements to Cedar Street West in regards to bituminous overlay and street width.
Alternative Urban Areawide Review (AUAR)
The project site is within the 2005 I-35E Corridor AUAR and is subject to the AUAR
mitigation plan. The proposed development is consistent with development Scenario 1 for
residential medium density and complies with the mitigation plan in regards to wetlands, water
use, erosion and sedimentation, surface water runoff, wastewater and transportation. The
AUAR requires developers to follow all appropriate guidelines and policies related to traffic
noise and noise walls. A noise analysis shall be submitted by the developer in accordance to
MPCA regulations which takes into consideration both I-35E and CSAH 54.
Age-Restricted Multiple Family Dwelling
Outlot C shall be developed in a future phase as an age-restricted multiple family dwelling
consistent with the regulations of the R-4, High Density Residential District with underground
parking for 50% of the required stalls and at a density of 20 to 25 dwelling units per acre.
Future development of the outlot shall require a PUD Final Plan/Final Plat, Development
Contract and Site Plan Review.
Final Plat
A land use application for PUD Final Plan/Final Plat, a Development Contract detailing
escrows and a summary table by lot and block of lot sizes and setbacks shall be required.
RECOMMENDATION
The Planning & Zoning Board held a public hearing on December 11, 2013 and continued the
hearing to the February 12, 2014 meeting. The Board and staff recommend approval of the
Rezoning and PUD Development Stage Plan/Preliminary Plat for NorthPointe subject to the
conditions listed in Resolution 14-21.
ATTACHMENTS
1. Site Location Map
2. Aerial Map
3. Ordinance 02-14
4. Resolution 14-21
5. PUD Development Stage Plan/Preliminary Plat
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1st Reading: Publication:
2nd Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 02-14
ORDINANCE TO REZONE PROPERTY FROM R, RURAL TO PUD-PLANNED
UNIT DEVELOPMENT FOR NORTHPOINTE
“The City Council of Lino Lakes ordains".
Section 1
The City of Lino Lakes makes the following Findings of Fact:
1. The City received a Land Use Application to rezone certain property from R,
Rural to PUD-Planned Unit Development.
2. The Planning and Zoning Board held a public hearing on December 11, 2013 and
continued the public hearing to February 12, 2014.
3. 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.
4. The proposed use is or will be compatible with present and future land uses of the
area.
5. The proposed use conforms with all performance standards.
6. The proposed use can be accommodated with existing public services and will not
overburden the City’s service capacity.
7. Traffic generation by the proposed use is within capabilities of streets serving the
property.
8. The rezoning meets the purpose and intent of the PUD-Planned Unit
Development by encouraging:
• Innovations in development that address growing demands for all styles of
economic expansion, greater variety in type, design, architectural standards,
and siting of structures through the conservation and more efficient use of
land in such developments.
• The preservation and enhancement of desirable site characteristics such as
existing vegetation, natural topography and geologic features and the
prevention of soil erosion.
• An efficient use of land resulting in smaller networks of utilities and streets
thereby lowering development costs and public investments.
2
Section 2
The Zoning Ordinance of the City of Lino Lakes is hereby amended to rezone the
following described property from R, Rural to PUD-Planned Unit Development:
That part of the Southeast Quarter of the Northwest Quarter, Section 25, Township 31,
Range 22, Anoka County, Minnesota, lying westerly of the westerly line of Interstate
Highway No. 35E.
AND
The Southwest Quarter of the Northwest Quarter, Section 25, Township 31, Range 22,
Anoka County, Minnesota; except the West 60 feet and also except the South 795.00 feet
of the West 822.00 feet.
AND
That part of the West 720.00 feet of the Northwest Quarter of the Northwest Quarter,
Section 25, Township 31, Range 22, Anoka County, Minnesota, lying southerly of the
north 1130.00 feet.
AND
That part of the Northwest Quarter of the Northwest Quarter, Section 25, Township 31,
Range 22, Anoka County, Minnesota, lying southerly of the north 560.00 feet and easterly
of the west 720.00 feet.
AND
That part of the West 205.00 feet of the East 650.00 feet of the North 560.00 feet of the
Northwest Quarter of the Northwest Quarter, Section 25, Township 31, Range 22, Anoka
County, Minnesota, lying northwesterly of the Northern States Power Company
ownership through said Northwest Quarter of the Northwest Quarter said ownership
more particularly described as follows:
A strip of land 50 feet in width and being 25 feet in width on each side of a centerline
described as follows:
Commencing at a point on the north line of said Northwest Quarter, 1592.7 feet east of
the northwest corner thereof, running thence South 52 degrees 27 minutes West, 1987.3
feet to a point on the west line of said Section, 1206 feet South of the northwest corner
thereof. Subject to County Road No. 54 on the west and Cedar Street on the north.
3
AND
The North 530 feet of the South 795 feet of the East 762 feet of the West 822.00 feet of the
Southwest Quarter of the Northwest Quarter of Section 25, Township 31, Range 22,
Anoka County, Minnesota.
AND
The westerly 604.18 feet of the Northeast Quarter of the Northwest Quarter of Section 25,
Township 31, Range 22, Anoka County, Minnesota.
Section 3
The development shall conform to the plans, requirements, and conditions of approval as
listed in Resolution 14-21 and associated information.
Section 4
This ordinance shall be in force and effect from and after its passage and publication
according to the Lino Lakes City Charter.
Adopted by the Lino Lakes City Council this ____ day of __________________, 2014.
The motion for the adoption of the foregoing ordinance was introduced by Council
Member_____________and was duly seconded by Council Member ___________ and
upon vote being taken thereon, the following voted in favor thereof:
The following voted against same:
____________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
1
CITY OF LINO LAKES
RESOLUTION NO. 14-21
APPROVING PUD DEVELOPMENT STAGE PLAN/PRELIMINARY PLAT AND
AMENDING UTILITY PHASE BOUNDARY FOR NORTHPOINTE
WHEREAS, the City has received an application for PUD Development Stage Plan/Preliminary
Plat for NorthPointe hereafter referred to as “Development”; and
WHEREAS, City staff has completed a review of the “Development” based on the plan set
prepared by Carlson McCain dated January 13, 2014 and received by the City on January 13,
2014; and
WHEREAS, a public hearing was held before the Planning & Zoning Board on December 11,
2013 and continued to the February 12, 2014 meeting and the Board recommended approval of
the “Development”; and
WHEREAS, the “Development” meets the requirements of the City’s Zoning and Subdivision
Ordinances; and
WHEREAS, the “Development” meets the purpose and intent of the PUD-Planned Unit
Development ordinance by encouraging:
• Innovations in development that address growing demands for all styles of economic
expansion, greater variety in type, design, architectural standards, and siting of structures
through the conservation and more efficient use of land in such developments.
• The preservation and enhancement of desirable site characteristics such as existing
vegetation, natural topography and geologic features and the prevention of soil erosion.
• An efficient use of land resulting in smaller networks of utilities and streets thereby
lowering development costs and public investments; and
WHEREAS, the PUD-Planned Unit Development provides the following flexibilities:
• Lot size variations from 5,502 s.f. to 21,923 s.f. (Minimum lot size for R-2, Two Family
Residential District is 7,500 s.f.).
• Reduced right of way widths for Streets G, H & K from 60 feet to 50 feet.
• Reduced street pavement width for Streets C (south of Street B), D, E, F, G, H, I, K from
32 feet to 28 feet.
• Reduced corner lot “side” setback from 25 feet to 20 feet for lots along Street G, H and J.
• Five (5) foot side yard setbacks for 50 foot wide lots.
• Mixed residential density development of single family and multi-family.
• Allowance for variation in garage building design standards of the R-2 District requiring:
o All single family dwellings shall have a minimum double garage.
o All single family dwellings shall include a front porch that is covered, unenclosed
and a minimum of 6 feet in depth.
2
o All single family dwelling and garage elevations shall include a variation in
exterior building materials such as brick, stone, rock face, concrete block, wood,
stucco, vinyl, steel, fiber cement and aluminum siding.
o Side or rear loaded garages are permitted. The elevation facing the street shall
require a minimum of one (1) window.
o The garage doors shall incorporate architectural design features such as decorative
windows, panels, hinges, etc.
o Garages in excess of two stalls shall be broken up so the additional stalls are
recessed from the main garage façade.
o Garage width does not exceed 32 feet; and
WHEREAS, the regulations and performance standards of the zoning ordinance and R-2 Two
Family Residential District will be in effect unless otherwise stated in this resolution; and
WHEREAS, these PUD flexibilities are provided to allow for a variety of detached single
family housing products that are in current market demand vs. standard townhome medium
density development. The PUD flexibility also compliments walkable neighborhoods, protects
the greenway corridor and reduces the development footprint and impervious surface area; and
WHEREAS, Outlot C shall be developed in a future phase as an age-restricted multiple family
dwelling consistent with the regulations of the R-4, High Density Residential District with
underground parking for 50% of the required stalls and at a density of 20 to 25 dwelling units per
acre; and
WHEREAS, future development of Outlot C shall require a PUD Final Plan/Final Plat,
Development Contract and Site Plan Review; and
WHEREAS, the City’s Utility Staging Plan establishes the pattern, timing and location of future
growth; and
WHEREAS, the “Development” spans two different Utility Phasing areas (1A and 1B);
WHEREAS, the Comprehensive Plan allows for specific projects to occur early in a five-year
phase within a staging area based on the following criteria:
a. The proposed development must be located within both the current and the next ten-year
staging area, or five-year phase, or located adjacent to the current staging area.
The “Development” spans the 1A and 1B five-year phase.
b. The proposed development must be master planned. Small, piecemeal developments do
not justify redefining the ten-year staging area, or five-year phase.
The “Development” is a Planned Unit Development master plan.
c. The proposed, master planned project must provide discernable public values.
The “Development” provides discernable public values by meeting the purpose and
intent of the PUD-Planned Unit Development as noted previously in this resolution.
3
d. Adequate infrastructure must be available to support development. Appropriate analysis
will determine if adequate infrastructure is available and what utility extensions and
transportation improvements are required to support new development.
The “Development” is located in Sanitary Sewer District 3 (Sub-district 3C) and is
served by a MCES Interceptor 76-51, a 24-inch gravity sewer in Cedar Street which is
adequate to support the development.
e. There must be a commitment that the development will pay its proportionate share of
infrastructure improvement costs associated with development.
The Developer shall enter into a Development Agreement with the City committing to pay
its proportionate share of the infrastructure improvements; and
WHEREAS, the Utility Phase 1A boundaries are generally consistent with the “Development”
Phasing Plan Phase I and II boundaries and the Utility Phase 1B boundaries are generally
consistent with the Phasing Plan Phase III and IV boundaries; and
WHEREAS, the “Development” is found to meet the criteria to allow development to occur
early in a five-year phase; and
WHEREAS, a land use application for PUD Final Plan/Final Plat, a Development Contract
detailing escrows and a summary table by lot and block of lot sizes and setbacks shall be
required.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes
hereby approves the PUD Development Stage Plan/Preliminary Plat for NorthPointe, subject to
the following conditions being met prior to approval of the PUD Final Plan/Final Plat:
1. All comments from City Engineer letter dated February 7, 2014 shall be addressed.
2. All comments from Anoka County Highway Department dated January 24, 2014 shall be
addressed.
3. All comments from MNDOT letter dated December 5, 2013 shall be addressed.
4. All comments from Environmental Coordinator letter dated February 3, 2014 shall be
addressed.
5. Approval or Conditional Approval Pending Receipt of Changes (CAPROC) from Rice
Creek Watershed District shall be required.
6. A summary table created in Microsoft Excel by lot and block of lot sizes (gross,
unbuildable and net area) and setbacks (front, rear and side) shall be required.
7. The Phasing Plan for development shall be incorporated into the plan set and listed on the
Sheet Index.
8. The Phasing Plan identifies 215 lots, however; the preliminary plat indicates 216 lots.
The Phasing Plan shall be revised.
9. The Floodplain Exhibit shall be incorporated into the plan set and listed on the Sheet
Index.
10. A Letter of Map Revision (LOMR) shall be obtained from the Federal Emergency
Management Agency (FEMA) prior to issuance of any building permits for parcels
located within the floodplain.
4
11. Temporary cul de sacs shall be required where a street is terminated pending future
extension.
12. Drainage and utility easements shall be dedicated over stormwater drainage areas.
13. Drainage and utility easements or conservation easements shall be dedicated over
wetland buffer areas as required by Rice Creek Watershed District.
14. Outlots A, B, D, E, F, and G shall be deeded to the City.
15. The City and developer shall analyze different options for improvements to Cedar Street
West in regards to bituminous overlay and street width.
16. Sheet 3, Preliminary Plat Index:
a. Site Data shall be revised to reflect 12 Future Single Family Lots.
b. Total Number of Lots and Densities shall be revised accordingly.
17. Sheet 6, Preliminary Plat:
a. Lot 1, Block 8 and Lot 9, Block 10 shall be revised to omit the portion of Outlot
G that extends to Street I and a 20 feet easement shall be provided over the storm
sewer utility.
b. Lot 1, Block 1 and Lot 1, Block 11 shall have a 15 foot wide easement abutting
CSAH 54 for landscape buffer.
18. Sheet 9, Ghost Plat:
a. The City suggests future access through Outlot E if feasible. The current proposal
creates a disconnect within the development.
19. Sheets 10 & 11, Preliminary Site & Utility Plan:
a. Front and rear setback line for 65’-70’ wide lots shall be shown as 25 feet.
Building pads may remain designed at 30 feet.
b. Rear setback line for 50’ wide lot shall be shown as 25 feet. Building pads may
remain designed at 30 feet.
c. Verify that lots along Streets G, H and J require 20 foot side setbacks vs. 25 foot
setback.
20. Sheet 14, Preliminary Grading & Erosion Control Plan:
a. The garage location shall be reversed to meet the 5 foot side setback on Lot 7,
Block 8 and Lot 22, Block 7.
21. Sheet 18, Preliminary Grading & Erosion Control Plan:
a. The trail needs to meet the RCWD Rule F.6.(7)(iii), requiring that the linear
surface must be 25' from the wetland edge.
22. Sheet L1, Planting Plan:
a. Remove comment that “Blvd Trees to be installed by Builder @ Time of Home
Construction”.
b. City will require tree escrow and will install boulevard trees.
23. Sheet L2, Planting Plan:
a. Remove comment that “Blvd Trees to be installed by Builder @ Time of Home
Construction”.
b. City will require tree escrow and will install boulevard trees.
24. Sheet L3, Planting Plan Buffer Enlargement:
a. Please verify landscape buffer plantings are allowed in NSP easement.
25. Sheet L4, Planting Plan:
a. Outlot G shall be added to the Open Area Landscape calculations.
b. 245 Boulevard Trees are required but the Plant Schedule adds up to 244. Please
revise.
c. The Schedule for Buffers and Open Areas should be separated.
d. The Schedule for Open Space and Replacement Trees could be combined.
5
BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby
approves amending the boundaries of the Utility Staging Plan Phase 1A to match the
“Development” Phasing Plan Phase I and II boundaries attached hereto as Exhibit A. The
“Development” Phasing plan shall dictate and supersede the Comprehensive Plan Utility Staging
Plan.
Adopted by the Council of the City of Lino Lakes this ___ day of _______, 2014.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_______________and was duly seconded by Council Member ________________ and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
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CITY COUNCIL
AGENDA ITEM B
STAFF ORIGINATOR: Michael Grochala
MEETING DATE: March 10, 2014
TOPIC: Consider Resolution No. 14-26, Approving Land Use Agreement
for 7309 Lake Drive, Michael Grochala
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting council consideration to approve a Land Use Agreement with the owner and
lessee of property located at 7309 Lake Drive. The agreement provides for the discontinuance
of outside storage on the site by December 31, 2017.
BACKGROUND
On February 22, 2013, following receipt of resident complaints, city staff issued a Cease and
Desist Order to Pinnacle Point, LLC, owner of property located at 7309 Lake Drive. The order
required the discontinuance of the use of property for the exterior storage of shipping
containers and construction trailers. The containers and trailers were being stacked three to
four high approximately 30 feet in height across the 5 acre parcel. Exterior Storage is not
allowed as the principal use of property in the LI, Light Industrial District.
Discussions regarding compliance have been ongoing between the City, property owner and the
current lessee, Mini Mobile, Inc. The owner has maintained that the use is consistent with the
prior uses on the property and “grandfathered” in. The lessee has stated that they are not using
the property to store containers but rather they are operating a container rental business.
Following discussion at the September 3, 2013 work session the City Council requested further
background on the property history, including review of the owners leasing information, and
clarification of zoning requirements. This information was provided to the council at the
January 6, 2014 work session. Staff also updated the council on a discussion with the owner’s
representatives and the City Attorney, held on December 5, 2013 to discuss options for
compliance. The owner’s representatives disagreed with the City’s position and are seeking
options for settlement as an alternative to any possible legal proceedings. In an effort to arrive
at an outcome beneficial to all parties it was suggested that an agreement be considered that
would allow for the existing use to continue on a temporary basis until a predetermined date.
At that time the property would be brought into compliance with the ordinance provisions. The
City Council indicated that they would consider such an agreement.
In response the owner has worked with City Staff to draft an agreement that provides for the
following:
1. Any outside storage on the property inconsistent with the city’s zoning ordinance shall
terminate as of December 31, 2017.
2. Owner and tenant will not challenge City’s regulation of outside storage provided for
the in the zoning ordinance after the Termination Date.
3. The City will not take any enforcement action against the property regarding outside
storage prior to the Termination Date provided it is consistent with the terms of the
agreement.
4. Outside storage will be confined to a specific area of the property, removed from Lake
Drive. No other storage will be allowed except for up to 6 trailers, limited in length to
57 feet.
5. Stacking of portable storage units shall be limited to 2 high. There will be no stacking
of construction trailers.
6. The Lake Drive side of the storage area will be screened in accordance with the
screening requirements of the zoning ordinance.
RECOMMENDATION
Staff is recommending approval of Resolution No. 14-26
ATTACHMENTS
1. Resolution No. 14-26
CITY OF LINO LAKES
RESOLUTION NO. 14-26
RESOLUTION APPROVING LAND USE AGREEMENT PROVIDING FOR
TERMINATION OF OUTSIDE STORAGE
WHEREAS, Pinnacle Point, LLC, a limited liability corporation organized under the
laws of the State of Minnesota (“Owner”), owns that certain property located at 7309 Lake
Drive in the City of Lino Lakes, County of Anoka, State of Minnesota legally described as
follows:
LOT 3 AUD SUB NO 54, TOG/W THAT PRT OF LOT 1 & 2 SD AUD SUB
LYG S OF N 300 FT THEREOF & LYG NWLY OF WLY R/W LINE OF T H
NO 49 & LYG SWLY OF FOL DESC LINE: COM AT PT OF INTER OF S
LINE OF SD N 300 FT W ITH SD WLY R/W LINE, TH SWLY ALG SD
WLY R/W LINE 127.34 FT TO POB OF SD LINE, TH NWLY AT RT ANG
272.63 FT TO INTER/W S LINE OF SD N 300 FT & SD LINE THERE
TERM, EX RD, SUBJ TO EASE OF REC
PID# 17-31-22-33-003
(“Property”); and
WHEREAS, the Property is located in the City of Lino Lakes, a body corporate and
politic (the “City”) and governed by the City’s ordinances and regulations as well as any and all
applicable Minnesota state statutes; and
WHEREAS, Mobile Mini, Inc. (“Tenant”) is a corporation organized under the laws of
Arizona, which has entered into a Lease, dated March 17, 2011 with the Owner for portions of
the Property, including a portion of the building located on the Property, together with the right
of outside storage on three acres of the Property;
WHEREAS, Tenant’s Lease terminates December 31, 2017;
WHEREAS, Tenant is in the business of leasing out modular construction trailers and
portable storage units used in the construction business and its Lease with Owner provides such
portable storage units may be stacked three high in the outside storage it utilizes on the
Property; and
WHEREAS, the Owner, the City, and the Tenant, together constitute the “Parties” to
this Agreement; and
WHEREAS, while the present zoning ordinance of the City precludes outside storage
as a permitted use in the industrial zone in which the Property is located, the Owner contends
that such outside storage is a grandfathered-nonconforming use, which predates the existence
of the City’s zoning ordinance provision precluding such outside storage; and
WHEREAS, the City contests the Owner’s contention that the Property enjoys a
grandfathered-nonconforming use and both the Owner and the City are prepared to submit this
dispute to a court of competent jurisdiction for resolution; and
WHEREAS, the Parties recognize that such a court resolution would be time
consuming, lengthy, expensive, and uncertain; and
WHEREAS, the Parties wish to avoid such a lengthy, expensive and uncertain
resolution by entering into this Agreement, which constitutes a compromise of the various
positions of the parties.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes
That the Land Use Agreement, attached hereto as Exhibit A, is hereby approved and the Mayor
and City Clerk are hereby authorized to execute the agreement on behalf of the City.
Adopted by the Council of the City of Lino Lakes this 10th day of March, 2014.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_______________and was duly seconded by Council Member ________________ and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
1
162441
LAND USE AGREEMENT
This Land Use Agreement (“Agreement”) is entered into this _____ day of
_________________, 2014.
WHEREAS, Pinnacle Point, LLC, a limited liability corporation organized under the
laws of the State of Minnesota (“Owner”), owns that certain property located at 7309 Lake Drive
in the City of Lino Lakes, County of Anoka, State of Minnesota legally described as follows:
LOT 3 AUD SUB NO 54, TOG/W THAT PRT OF LOT 1 & 2 SD AUD SUB
LYG S OF N 300 FT THEREOF & LYG NWLY OF WLY R/W LINE OF T H
NO 49 & LYG SWLY OF FOL DESC LINE: COM AT PT OF INTER OF S
LINE OF SD N 300 FT W ITH SD WLY R/W LINE, TH SWLY ALG SD WLY
R/W LINE 127.34 FT TO POB OF SD LINE, TH NWLY AT RT ANG 272.63
FT TO INTER/W S LINE OF SD N 300 FT & SD LINE THERE TERM, EX RD,
SUBJ TO EASE OF REC
PID# 17-31-22-33-003
(“Property”); and
WHEREAS, the Property is located in the City of Lino Lakes, a body corporate and
politic (the “City”) and governed by the City’s ordinances and regulations as well as any and all
applicable Minnesota state statutes; and
WHEREAS, Mobile Mini, Inc. (“Tenant”) is a corporation organized under the laws of
Arizona, which has entered into a Lease, dated March 17, 2011 with the Owner for portions of
the Property, including a portion of the building located on the Property, together with the right
of outside storage on three acres of the Property;
WHEREAS, Tenant’s Lease terminates December 31, 2017;
WHEREAS, Tenant is in the business of leasing out modular construction trailers and
portable storage units used in the construction business and its Lease with Owner provides such
2
162441
portable storage units may be stacked three high in the outside storage it utilizes on the Property;
and
WHEREAS, the Owner, the City, and the Tenant, together constitute the “Parties” to this
Agreement; and
WHEREAS, while the present zoning ordinance of the City precludes outside storage as
a permitted use in the industrial zone in which the Property is located, the Owner contends that
such outside storage is a grandfathered-nonconforming use, which predates the existence of the
City’s zoning ordinance provision precluding such outside storage; and
WHEREAS, the City contests the Owner’s contention that the Property enjoys a
grandfathered-nonconforming use and both the Owner and the City are prepared to submit this
dispute to a court of competent jurisdiction for resolution; and
WHEREAS, the Parties recognize that such a court resolution would be time consuming,
lengthy, expensive, and uncertain; and
WHEREAS, the Parties wish to avoid such a lengthy, expensive and uncertain resolution
by entering into this Agreement, which constitutes a compromise of the various positions of the
parties.
NOW THEREFORE, in consideration of the terms and conditions of this Agreement
the receipt and sufficiency of which as consideration is acknowledged and recognized by all of
the Parties, the Parties do hereby contract and agree as follows:
1. That any existing grandfathered rights to outside storage on the Property
inconsistent with the City’s zoning ordinance shall terminate as of December 31, 2017
(“Termination Date”). After the Termination Date, the Property shall come into full compliance
3
162441
with the City’s zoning or other ordinances related to outside storage, as the same may then apply
to the Property.
2. That the Owner and Tenant will not commence or participate in any challenge to
the City’s regulation of outside storage on the Property as provided for in the City’s zoning
ordinance, or other ordinances, after the Termination Date.
3. That the City agrees that prior to the Termination Date, it will take no action to
enforce its then existing zoning ordinance against the Property with respect to the use of the
Property for outside storage by the Owner or Tenant, subject to the terms of this Agreement.
4. That the above paragraphs shall not preclude any Party from taking any action it
deems necessary or convenient to enforce the terms of this Agreement prior to the Termination
Date.
5. That the Owner and Tenant agree that through the Termination Date they will
confine outside storage to the area described in Exhibit A, attached hereto. The remainder of the
property shall not be used for outside storage, except for the storage of from (1) to six (6) trailers,
each at a length of no longer than fifty-seven (57) feet.
6. That the Tenant agrees it will restrict the stacking of the portable storage units on
the Property to a maximum of two high. There will be no stacking of construction trailers.
7. That the Owner at its exclusive cost agrees that it will cause Opaque Screening to
be erected along Lake Drive on the south east side of the Property facing Lake Drive from the
entry gate to the southern property line, consistent with the screening standards set forth in City
Zoning Ordinance Section 3, subdivision 4(Q)(6). Such screening shall be erected or provided in
a timely manner, subject to weather conditions.
4
162441
8. That the Parties understand and agree that this Agreement shall be binding upon
the City, the Owner, the Tenant, and any subsequent owner of the Property, or any assignees or
successors in interest to the Owner and the Tenant. To that end, the Parties agree that an original
copy of this Agreement may be filed in the Office of the County Recorder of Anoka County
against the Property to give notice of the terms and conditions of this Agreement.
9. Owner and Tenant agree that nothing contained in this Agreement shall change
any terms of their Lease or modify any rights or obligations contained in the Lease.
10. That the Parties acknowledge that each Party has participated in the drafting and
construction of this Agreement and that there shall be no presumptions in favor of any Party with
regard to the interpretation of this Agreement.
11. Governing Law. This Agreement is made and executed under and in all respects
is to be governed and construed under the laws of the State of Minnesota. Venue shall be in the
County of Anoka.
12. Notices. Notices sent by certified mail shall be deemed given on the date of
delivery or attempted delivery as shown on the return-receipt. Notices sent by personal delivery
or courier shall be deemed given on the date of delivery or refusal to accept delivery.
Owner: Pinnacle Point, LLC
501 Royalston Avenue North
Minneapolis, MN 55405
City: City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
Tenant: Mobile Mini, Inc.
7420 S. Kryene Road, Suite 101
Tempe, AZ 85283
With a copy to:
5
162441
Phillip R. Krass
Malkerson Gunn Martin LLP
220 South Sixth Street, Suite 1900
Minneapolis, MN 55402
Any party, by notice given as aforesaid, may change the address to which subsequent
notices are to be sent to such party.
13. Amendment. This Agreement shall be amended only by a written instrument
signed by the Parties.
14. Construction. The captions and headings of the various sections of this
Agreement are for convenience only and are not to be construed as defining or as limiting in any
way the scope or intent of the provisions hereof. Wherever the context requires or permits, the
singular shall include the plural, the plural shall include singular, and the masculine, feminine
and neuter shall be freely interchangeable.
15. Entire Agreement. It is mutually understood and agreed that this Agreement
constitutes the entire agreement between the Parties and supersedes any and all prior oral or
written understandings, representations or statements, and that no understandings, representatives
or statements, verbal or written, have been made which modify, amend, qualify, or affect the
terms of this Agreement. This Agreement may not be amended except in a writing executed by
the parties.
16. Counterparts. For the convenience of the parties, any number of counterparts
hereof may be executed and each such executed counterpart shall be deemed an original, but all
such counterparts together shall constitute one in the same Agreement.
6
162441
Owner, Diamond Dirt, LLC Subscribed and sworn to before me this
____
day of ___________________, 2014.
By:
Its: ___________________________________
Notary Public
City of Lino Lakes Subscribed and sworn to before me this
____
day of ____________________, 2014.
By:_________________________________
Mayor ____________________________________
Notary Public
By:_________________________________ Subscribed and sworn to before me this
____
City Administrator day of ____________________, 2014.
____________________________________
Notary Public
Tenant, Mobile Mini, Inc. Subscribed and sworn to before me this
____
day of ____________________, 2014.
By:__________________________________
Its:____________________________ ____________________________________
Notary Public
CITY COUNCIL
AGENDA ITEM 6C
STAFF ORIGINATOR: Jason C. Wedel, City Engineer
MEETING DATE: March 10, 2014
TOPIC: Resolution No. 14-24, Accepting bids and Awarding a Construction
Contract, 21st Avenue Street and Utility Improvements
VOTE REQUIRED: 3/5 Vote Required
BACKGROUND
Sealed bids were received and publicly opened at 10:00 a.m. on February 27, 2014. The results of
the bid opening are presented below. City Council action is required to award a construction
contract to the lowest responsible bidder.
Contractor Amount of bid
A-1 Excavating, Inc $841,971.00
LaTour Construction, Inc. $936,928.24
Arnt Construction Company, Inc. $937,407.10
T.A. Schifsky & Sons, Inc. $987,097.30
Ryan Contracting Co. $1,011,783.50
Park Construction $1,071,526.60
Kuechle Underground, Inc. $1,117,305.70
R. L. Larson Excavating, Inc. $1,124,295.50
Geislinger & Sons, Inc. $1,144,158.00
Forest Lake Contracting, Inc. $1,174,195.70
Northwest Asphalt, Inc. $1,217,734.03
Engineer’s Estimate $977,635.50
The low bid is a competitive bid for this project. A copy of the complete bid tabulation is attached.
Construction is anticipated to begin as soon as the weather permits and the substantial completion
date is August 15, 2014. The final wear course will be paved in 2015. The final completion date
for this project is June 30, 2015.
Based on the low bid shown above, the project cost breaks down as follows:
Construction $ 841,971.00
Engineering $ 166,500.00
Wetland Bank Purchase $ 68,542.53
Total $1,077,013.53
The estimated project cost that was used to prepare the Petition and Waiver agreement with Alino
LLC and the Joint Powers Agreement with the City of Centerville was $1,210,784.
RECOMMENDATION
Staff recommends adoption of Resolution 14-24 Accepting Bids and Awarding a Construction
Contract for the 21st Avenue Street and Utility Improvements.
ATTACHMENTS
1. Bid Tabulation
CITY OF LINO LAKES
RESOLUTION NO. 14-24
RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT,
21st AVENUE STREET AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for the construction of the 21st Avenue Street
and Utility Improvements, bids were received, opened and tabulated according to law, and the
following bids were received complying with the advertisement:
Contractor Amount of bid
A-1 Excavating, Inc $841,971.00
LaTour Construction, Inc. $936,928.24
Arnt Construction Company, Inc. $937,407.10
T.A. Schifsky & Sons, Inc. $987,097.30
Ryan Contracting Co. $1,011,783.50
Park Construction $1,071,526.60
Kuechle Underground, Inc. $1,117,305.70
R. L. Larson Excavating, Inc. $1,124,295.50
Geislinger & Sons, Inc. $1,144,158.00
Forest Lake Contracting, Inc. $1,174,195.70
Northwest Asphalt, Inc. $1,217,734.03
Engineer’s Estimate $977,635.50
AND WHEREAS, it appears that A-1 Excavating, Inc. is the lowest responsible bidder;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes:
1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with A-1
Excavating, Inc., in the name of the City of Lino Lakes for the construction of the 21st
Avenue Street and Utility Improvements according to the plans and specifications approved
by the City Council and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return forthwith to all bidder the Bid
Bonds made with their bids, except that the deposits of the successful bidder and the next
two lowest bidders shall be retained until a contract has been signed.
Adopted by the Council of the City of Lino Lakes this ___ day of _______, 2014.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_______________and was duly seconded by Council Member ________________ and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
2/27/2014
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31
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32
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$5
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$1
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$1
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$3,080.00$7.00$1,540.00
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$57,240.00$20.00$63,600.00
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$108,000.00$20.00$120,000.00
35
21
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7
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$13,650.00$7.00$14,700.00
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$5,850.00$300.00$3,900.00
37
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$2,500.00$110.00$2,200.00
38
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$450.00$50.00$500.00
39
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$6
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45
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$16,800.00$2.00$16,800.00
46
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47
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52
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$250.00$125.00$250.00
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$128.00$100.00$160.00
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Page 16
CITY COUNCIL
AGENDA ITEM 6D
STAFF ORIGINATOR: Jason Wedel
MEETING DATE: March 10, 2014
TOPIC: Resolution No. 14-25, Approving a Site Performance
Agreement with Metro Transit
VOTE REQUIRED: 3/5
BACKGROUND
Metro Transit has received administrative site plan approval for a proposed park and ride facility
located along the east side of the future 21st Avenue extension, north of Main Street. For all
commercial and institutional projects, the City requires execution of a site performance
agreement prior to issuance of a building permit to ensure that specific site work is completed.
The attached performance agreement addresses the site work for the park and ride as well as the
bus driver restroom facilities and provides for submittal of all required fees and securities.
RECOMMENDATION
Staff recommends approval of Resolution 14-25.
ATTACHMENTS
1. Resolution No. 14-25
2. Site Performance Agreement
CITY OF LINO LAKES
RESOLUTION NO. 14-25
RESOLUTION APPROVING A SITE PERFORMANCE AGREEMENT WITH METRO
TRANSIT
WHEREAS, the City has completed the review of the site and building plans for a park and ride
facility by Metro Transit, located along the east side of the proposed 21st Avenue extension,
north of Main Street; and
WHEREAS, Section 2, Subd. 6.E.4. of the Lino Lakes Zoning Ordinance requires the execution
of a site performance agreement prior to issuance of a building permit,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that
the Site Improvement Performance Agreement between the City of Lino Lakes and Metro
Transit is hereby approved, and the Mayor and City Clerk are authorized to execute such
agreements on behalf of the City.
Adopted by the Council of the City of Lino Lakes this 10th day of March, 2014.
The motion for the adoption of the foregoing resolution was introduced by Council
Member_______________and was duly seconded by Council Member ________________ and
upon vote being taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
Metro Transit Site Performance Agreement 021914 .doc page 1 of 9
CITY OF LINO LAKES, MINNESOTA
SITE IMPROVEMENT PERFORMANCE AGREEMENT
THIS AGREEMENT made this _______ day of _______________, 2014, 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 Metropolitan Council Metro
Transit, whose address is 560 Sixth Avenue North, Minneapolis, Minnesota 55411,
hereinafter referred to as the "Developer".
WHEREAS, the Developer has received administrative approval of Site
Development Plans, hereinafter called the "Plans", by the City of Lino Lakes on the
day of October 22, 2013, 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:
Lots 1, Block 1, ALINO ADDITION, according to the plat thereof on file and of
record in 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:
Metro Transit Site Performance Agreement 021914 .doc page 2 of 9
I. DESIGNATION OF IMPROVEMENTS.
A. Improvements on the project site to be installed at the Developer’s
expense by the Developer as hereinafter provided are hereinafter referred
to as “On-site Work”.
B. Improvements off the project site to be installed at the Developer’s
expense, if any, by the Developer as hereinafter provided are hereinafter
referred to as “Off-Site Work”. At the date of full execution of this
agreement, Developer does not intend on any Off-site Work.
C. Intentionally Deleted.
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, water mains, sanitary sewers,
hydrants, curbing, lighting, fencing, fire lanes, sidewalks, trails, outside
trash disposal enclosures, exterior building architectural design and
building elements, site grading and erosion control measures.
Such improvements shall be completed in accordance with Section IV
herein.
B. Cost Estimates. The Developer shall provide the City with a written
estimate of all applicable costs of the On-Site Work, itemized by type; the
estimates shall be based upon the actual estimates provided by the
contractors who are to do the Work. Said cost estimates shall be reviewed
by the City, and the City shall establish the actual amount of the financial
guarantee. The description and estimated cost of Developer's On-site
Work are as follows:
Metro Transit Site Performance Agreement 021914 .doc page 3 of 9
Description of Improvements Estimated Costs
1. Lighting $364,000
2. Trash Disposal Structure $1,500
3. Curbing / Islands / Delineators $60,385
4. Storm Drainage Systems / Sewers / Catch
Basins / Culverts / Swales
$58,556
5. Private Trials and / or Sidewalk $41,690
6. Driveway / Curbcut / Parking Lot / Fire Lane $449,576
7. Watermains / Hydrants / Sanitary Sewers $162,110
8. Landscaping $86,280
9. Site Grading $393,057
10. Erosion Control $14,987
Total Estimated Cost of Developer
Improvements
$1,632,141
Security Requirement (Total * 35%) $571,249
III. As-Built Survey
The Developer’s engineer shall certify, in writing with an as-built survey,
that all site grading complies with the grading plan prior to issuance of
building permits. The as-built survey must include, but is not limited to,
proposed and final contours with adequate elevation shots to show
conformance, property irons (to be exposed in field), low floor and low
opening elevations, and the 100-Year High Water Level (HWL) of all
ponds, lakes, and wetland areas if applicable.
IV. COMPLETION DATE.
If the activities authorized by site and building plan approval are not initiated
within twelve (12) months from the final execution of this agreement, then
Developer Tenant will need to start the site and building plan approval
process from the beginning.
V. GUARANTEE.
A. The Developer will fully and faithfully comply with all terms and
conditions of any and all contracts entered into by the Developer.
Concurrently with the execution hereof by the Developer, the Developer
will furnish to, and at all times thereafter maintain with the City, a cash
deposit, certified check, or Irrevocable Letter of Credit, based on thirty-
five (35 %) percent of the total estimated cost of Tenant’s Developer's
Metro Transit Site Performance Agreement 021914 .doc page 4 of 9
On-site Work. An Irrevocable Letter of Credit shall be for the exclusive
use and benefit of the City of Lino Lakes and shall state thereon that the
same is issued to guarantee and assure performance by the Developer of
all the terms and conditions of this Development Contract 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, if Developer has been found to be in default of this agreement
and only after providing Developer with written notice and opportunity to
cure any default. The Irrevocable Letter of Credit shall be automatically
extended for additional periods of one year from present or future
expiration dates unless thirty (30) days prior to such the City Clerk or
Administrator is notified in writing by certified mail or overnight mail that
the Letter of Credit will not be renewed.
B. Upon written request, The City will grant a reduction of the Letter of
Credit, or cash deposit based on prepayment or the value of the completed
improvements at the time of the requested reduction. The Developer may
make such requests three times throughout the life of this agreement, with
the third and/or final request being at the completion of the project. The
City will respond to such request within 30 days time. Prior to the final
acceptance of the Developer’s Improvements the City shall require a
Letter of Credit or Cash Escrow to cover the warranty provisions of the
agreement. The amount shall be agreed to by the City Engineer and
Developer and Developer may use the Letter of Credit discussed in
Section V.A above.
VI. REIMBURSEMENT OF COSTS.
A. The Developer agrees to pay by check to the City, 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 On-site Work,
including, but not limited to, the following:
1. Site Plan Review Fee (Existing escrow deficit) $1,500.00
2. Administration (Legal, Engineering, Planning, and Contract administration) $1,500.00
3. Sanitary Sewer Trunk Unit Fee ( 1 units @ $2,975 per unit) $2,975.00
4. Water Trunk Unit Fee (1 units @ $3,939 per unit) $3,939.00
5.
6.
Surface Water Management Fee (paid with Alino Addition plat)*
AUAR Fee (5.45 acres @ $269 per acre)
$0.00
$1,466.05
Total Estimated (Budget) Costs for Escrow Account*** $11,380.05
Metro Transit Site Performance Agreement 021914 .doc page 5 of 9
B. If it appears that the actual costs incurred will exceed the estimate or that
the actual costs incurred will be less than the estimate, then Developer and
City shall review the costs required to complete the project. In such case,
if the actual costs exceed the estimate, then Developer shall promptly pay
the additional sums to the City to pay for the agreed upon increase.
However, in such case where the actual costs are less than the estimate,
the City shall promptly reimburse to Developer any amounts overpaid by
the Developer. The Developer may request a statement of the account
each month for review.
C. Intentionally Deleted.
VII. REMEDIES FOR BREACH
A. The City shall give prior written notice to the Developer of any default
hereunder before proceeding to enforce such financial guarantee or before
the City undertakes any work for which the City will be reimbursed
through the financial guarantee. If within twenty (20) days after receipt of
such written notice to it, the Developer has not notified the City by stating
in writing the manner in which the default will be cured and the time
within which such default will be cured, the City will proceed with the
remedy it deems reasonably appropriate.
B. At any time after the completion date and any extensions thereof, if any of
the work is deemed incomplete, the City may proceed in any one or more
of the following ways to enforce the undertakings herein set forth, and to
collect any and all expenses reasonably incurred by the City in connection
therewith, including, but not limited to, engineering, legal, planning and
litigation costs and expense. The enumeration of the remedies hereunder
shall be in addition to any other remedies available to the City.
1. Specific Performance. The City may in writing direct the surety or
the Developer to cause the Work to be undertaken and completed
within a specified reasonable time. If the Developer fails to cause
the Work to be done and completed in a manner and time
reasonably acceptable to the City, the City may proceed to bring an
action for specific performance to require work to be undertaken.
2. Completion by the City. The City, after written notice, may enter
the premises and proceed to have the Work done either by contract,
by day labor or by regular City forces. The Developer may not
question the manner of doing such work or the letting of any such
contracts for the doing of any such work; provided that all such
work is performed in a reasonable manner, the costs are reasonable
and the work is completed in a good and workman-like manner
and in accordance with the approved plans and specifications.
Metro Transit Site Performance Agreement 021914 .doc page 6 of 9
Upon completion of such work, the Developer shall promptly pay
the City the full cost thereof as aforesaid.
3. Deposit of Financial Guarantee. In the event the financial
guarantee has been submitted in the form of a Letter of Credit, the
City may draw on the Letter of Credit the sum equal to the
reasonably estimated cost of completing the Work, plus the City's
reasonably estimated expenses as defined herein, including any
other reasonable costs, expenses, and damages for which the surety
may be liable hereunder, but not exceeding the amount set forth on
the Letter of Credit. The money shall be deemed to be held by the
City for the purpose of reimbursing the City for any reasonable
costs incurred in completing the Work as hereinafter specified.
Any funds remaining after completion of the project shall be
promptly returned to the Developer.
VIII. OCCUPATION OF PREMISES
The Developer agrees that it will not cause to be occupied any portion of the
building or improvements to be constructed upon the premises until completion of
the building and site improvements as more fully described in the approved plans
and following issuance of a Certificate of Occupancy.
IX. INSURANCE
Developer, or its contractor, or all of 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 its subcontractors or by one directly or indirectly employed by any of
them. Limits for bodily injury and death shall be not less than Five Hundred
Thousand and no/100 ($500,000.00) Dollars for one person and One Million and
no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit
policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City, its
employees (not all City employees but the term “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.
Metro Transit Site Performance Agreement 021914 .doc page 7 of 9
X. REIMBURSEMENT FOR LITIGATION EXPENSES
The City and Developer agree that the prevailing party in any litigation pertaining
to the enforcement of this Agreement shall be entitled to reimbursement from the
non-prevailing party for all reasonable costs incurred by said prevailing party
including court costs and reasonable engineering and attorneys' fees.
XI. VALIDITY
If a portion, section, subsection, sentence, clause, paragraph or phrase in this
Agreement is for any reason held to be invalid by a court of competent
jurisdiction, such decision shall not affect or void any of the other provisions of
the Site Improvement Performance Agreement.
XII. GENERAL
A. Binding Effect. The terms and provisions hereof shall be binding upon
and inure to the benefit of the heirs, representatives, successors and
assigns of the parties hereto and shall be binding upon all future owners of
all or any part of the Property and shall be deemed covenants running with
the land.
D. Notices. Whenever in this Agreement it shall be required or permitted that
notice or demand be given or served by either party to this Agreement to
or on the other party, such notice or demand shall be delivered personally
or (i) mailed by United States mail by certified mail (return receipt
requested)or (ii) sent by nationally recognized overnight carrier to the
addresses hereinbefore set forth on Page 1 . Such notice or demand shall
be deemed timely given when delivered personally or when deposited in
the mail or the overnight carrier in accordance with the above. The
addresses of the parties hereto are as set forth on Page 1 until changed by
notices given as above.
E. Incorporation by Reference. All plans, special provisions, proposals,
specifications and contracts for the improvements furnished and let
pursuant to this Agreement shall be and hereby are made a part of this
Agreement by reference as fully as if set out herein in full.
F. Hours of Construction Activity. 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 Holidays No working hours allowed
Metro Transit Site Performance Agreement 021914 .doc page 8 of 9
XIII. VIOLATIONS/BUILDING PERMITS
In the event that Developer violates any of the covenants and agreements
contained in this Site Improvement Performance Agreement and to be performed
by the Developer, the City, at its option, and after providing written notice and
opportunity to cure to Developer in addition to the rights and remedies as set out
hereunder may refuse to issue building permits to any property within the
development and/or stop building construction within the development until such
time as such default has been corrected to the satisfaction of the City.
Metro Transit Site Performance Agreement 021914 .doc page 9 of 9
DEVELOPER CITY OF LINO LAKES
_________________________ By _________________________
Developer Mayor
ATTEST:
By _________________________
City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this _______ day of _______________, 2014, 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 )
) ss.
COUNTY OF ANOKA )
On this _______ day of _______________, 2014, 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
CITY COUNCIL
AGENDA ITEM 6E
STAFF ORIGINATOR: Michael Grochala
MEETING DATE: March 10, 2014
TOPIC: Consider 1st Reading of Ordinance No. 03-14 Amending
Chapter 8 of the Lino Lakes City Charter, Regarding Public
Improvements and Special Assessments
VOTE REQUIRED: 3/5
INTRODUCTION
The City Council is considering the amendment of Chapter 8 of the City Charter as it relates to
Public Improvements and Special Assessments. State law specifies the procedure for
amendment of the charter by council recommendation. Council consideration and approval of
the first reading of Ordinance No. 03-14is the first step in the process which includes review by
the Charter Commission and ultimately consideration by the voters in the November election.
Staff has drafted two (2) alternatives for consideration by the City Council.
BACKGROUND
The City Council has been discussing a proposed amendment to the City Charter regarding the
public improvement process for several years. The 2012 amendment proposal failed by less than
1% of the required vote. In response to council discussion two amendment alternatives have
been prepared for consideration:
Amendment Option 1
Amendment Option 1 is generally consistent with the amendment placed before voters in 2012.
The following changes have been incorporated:
1. Clarifies language regarding benefiting properties to address concerns over area
assessments.
2. Changes the percentage of signatures needed to require an election from 12% to 5%.
3. Changes the period of time for residents to submit a petition for an election from 30 days
to 45 days.
4. Retains language from current charter regarding Assessment for Services.
5. Retains language from current charter regarding Charter exempt areas.
The following is a brief summary of the major elements of Amendment Option 1:
1. Section 8.01, Subd. 1 defines local improvements as any public improvement financed in
whole or in part from special assessments. Projects that are not financed using special
assessments are not subject to charter provisions and follow state law.
2. Section 8.01, Subd. 3 states that the amount of special assessments shall not exceed the
cost of the local improvement and shall not exceed the benefit to the property.
3. Section 8.02, Subd. 1 specifies that local improvements will follow state requirements
except as specified in this charter section. Procedural steps following state law include
but are not limited to the following:
Initiation of the improvement by either petition or city council
Preparation of a report on improvements (feasibility study)
Calling for a public hearing
Published and mailed notice of the public hearing
Public hearing on improvements.
4. Section 8.02, Subd. 2 allows for a written objection to the improvements from 50% of the
abutting property owners to be filed with the city prior to or at the improvement hearing.
If no objection is received, the council may order the project as specified under state
requirements. If an objection is received the council shall call a special meeting (2nd
public hearing) to be held at least 45 days after the improvement hearing.
5. Section 8.02, Subd. 3 allows the city council to order the improvement following the
special meeting (2nd public hearing), but requires the effective date of the resolution to be
at least 30 days after adoption. In such case, the City is required to mail a summary of
the resolution to affected owners within 5 days of adoption. Prior to the effective date of
the resolution, if 50% of the affected property owners sign written objections to the
resolution then the resolution does not become effective and the improvement is not
ordered.
6. Section 8.02, Subd. 5 provides that if any portion of the project is to be paid from
property taxes, registered voters may file a petition requesting a vote on the
improvement. Such petition must be received within 45 days of ordering the
improvement and be signed by registered voters equal to at least 5 percent of the votes
cast in the last general municipal election. Based on 2013 election this number would be
approximately 79 signatures. In such case, the city may only proceed after obtaining
approval of a majority of the voters voting on the question.
7. Section 8.02, Subd. 6 states that in the event the ballot question fails, the requirements of
Minnesota Statutes, section 475.58 will apply. These requirements stipulate that the
same ballot measure cannot be resubmitted to the voters within a period of 180 days. If it
fails a second time, it may not be resubmitted within a period of one year.
8. The ordinance retains the existing provisions of Section 8.07 of the Charter regarding the
exempt zones.
Amendment Option 2
Amendment Option 2 provides a different alternative than what was previously considered. The
proposed amendment carries forward much of the existing charter process, incorporates
components of the 2012 amendment providing consistency with existing state law and provides a
specific exemption from election requirements of the charter for street reconstruction projects.
1. Section 8.01, Subd. 1 same as amendment option 1.
2. Section 8.01, Subd. 3 same as amendment option 1.
3. Section 8.02, Subd. 1 specifies that local improvements will follow state requirements
except as specified in this charter section. Procedural steps following state law include
but are not limited to the following:
Initiation of the improvement by either petition or city council
Preparation of a report on improvements (feasibility study)
Calling for a public hearing
Published and mailed notice of the public hearing
Public hearing on improvements.
This is the same as option 1.
4. Section 8.02, Subdivision 2 requires that the notice of hearing include an estimate of the
proposed assessment for each parcel proposed to be assessed. This is consistent with a
current charter provision.
5. Section 8.02, Subdivision 3, generally follows the existing charter language regarding the
60 day petitioning process with the exception of the procedural requirements that would
now follow the provisions of state law.
6. Section 8.02, Subdivision 4, generally follows the charter requirement that an election be
held if ad valorem taxes (property taxes) are proposed to be used.
7. Section 8.02, Subdivision 5, is a new section specifically relating to street reconstruction
and bituminous overlays. This section would allow for the City to proceed without
election on projects that meet the requirements of Minnesota Statutes, Chapter 475.
These requirements include:
a) The city prepares a 5 year street reconstruction plan
b) A public hearing is held on the street reconstruction plan
c) The plan is approved by unanimous vote of the City Council
d) 30 day period for petition to hold an election following public hearing. Petition must
be signed by voters equal to 5% of the votes cast in the last municipal general
election.
e) If no petition is received the city may issue bonds without election.
Section 8.02, Subdivision 6, generally follows state law provisions for ordering a project but
incorporates the charter language to address the allowable timeline for doing so.
Section 8.02, Subdivision 7, provides requirements in the event that the project is not allowed in
accordance with state law or charter provisions. In this case the question cannot be resubmitted
to the voters for a period of 180 days (6 months). If it fails again it cannot be submitted for a
period of 1 year. The current charter does not allow the City Council to take any action on a
proposed project for one year if defeated.
Section 8.02, Subdivision 8, allows for projects that are petitioned for by 100% of property
owners, paying 100% of costs to be ordered immediately by council. The current charter
requires the public hearing to be held and requires owners to supply a separate petition to waive
50 of the 60 day petition period.
Section 8.03, address special assessments for city services. This is an existing charter provision
and provided for in state law. The language has been amended to clarify and conform to the
provisions of Section 8.01.
Section 8.04, is the renumbered Section 8.07 relating to charter exempt areas.
RECOMMENDATION
The City Council continues to evaluate ways to implement the City’s pavement management
plan as it relates to reconstruction of streets. Establishment of an annual street reconstruction
program will require the expenditure of property taxes to fund the improvements. The council
also recognizes that special assessments to benefiting property owners for a portion of the project
costs is a typical funding source used by municipalities.
The amendment by ordinance process does allow for up to 150 days for review by the Charter
Commission. That time period must expire prior to council consideration of the 2nd Reading. To
accommodate the statutory timelines for review and ballot preparation the City Council will need
to act on the first reading at the March 10, 2014 meeting to ensure the possibility of voter
consideration on the 2014 November ballot.
Adoption of the 1st reading of either option does not limit the City Council’s ability to work
directly with the Charter Commission to consider an amendment by their recommendation.
Each of the proposed amendment options provides an alternative to the current charter provisions
while continuing to allow for resident input, neighborhood veto authority and continued
opportunity to hold a city wide vote on a project. Under both scenarios an election may be
required if the City is proposing to use property tax dollars and special assessments to fund the
improvements. Under option 1, an election is required only upon petition by voters. Option 2
still requires voter election for all projects except those meeting specific requirements for street
reconstruction. Under those provisions an election is required only upon petition by voters.
Staff recommends that the council consider the approval of the 1st reading of an ordinance for
submittal to the Charter Commission.
ATTACHMENTS
1. Ordinance No. 03-14, Option 1
2. Ordinance No. 03-14, Option 2
AMENDMENT OPTION ONE
1st Reading: March 10, 2014 Publication:
2nd Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 03-14
AN ORDINANCE AMENDING CHAPTER 8 OF THE LINO LAKES CITY
CHARTER, REGARDING PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
The City Council of the City of Lino Lakes does ordain:
Section 1. That Chapter 8, Section 8.01, 8.02, 8.03, 8.04, of the Lino Lakes City Charter
be and are hereby repealed:
Section 8.01. Power to Make Improvements and Levy Assessments.
The City may make any type of public improvements not forbidden by law and levy special
assessments to pay all or any part of the cost of such improvements as are of a local character.
The total assessments for any local improvement may not exceed the cost of the improv ement,
including all costs and expenses connected therewith, with interest. No assessment shall exceed
the benefits to the property.
Section 8.02. Effective Charter Provisions, Except as Provided in
Section 8.07. Local improvements (the term “local improvement" shall mean a public
improvement financed partly or wholly from special assessments) shall be carried out
exclusively under the provisions of this Charter. (Amended 11/23/93, Ordinance No. 93-19)
Section 8.03. Local Improvement Ordinances and Regulations. Within one hundred
twenty (120) days after this Charter goes into effect and before local improvements can be acted
upon, the Council shall enact suitable ordinance(s) governing local improvements and special
assessments. The ordinance(s) shall provide a complete working code covering the
determination of assessments and assessment districts, public hearings, appeals from a collection
of assessments, penalties for delinquency in making payments, financing of said assessments,
and the certifying of unpaid assessments for collection by the proper County officer. Said
ordinance(s) shall also provide for installment payments and notices to be given thereof,
appellate procedure, reassessment, if necessary, and all other matters appropriate to the subject of
local improvements and assessments. After the adoption of such ordinance(s) providing for local
improvements, all procedures in compliance therewith shall conform to the regulations as set
forth in such ordinance(s) and as otherwise contained in this Charter.
Section 8.04. Special Assessment Procedure.
Subdivision 1. All improvements to be paid for by special assessments against the
benefitted property shall be instituted by either, (1) a petition of at least twenty-five percent
AMENDMENT OPTION ONE
(25%) in number of the benefitted property owners (A benefitted property owner can only sign
once regardless of the number of benefitted parcels owned and a benefitted parcel can only have
one signature.) together with a resolution adopted by an affirmative vote of the majority of all of
the Council, or, (2) a resolution adopted by a four-fifths affirmative vote of all of the Council.
The Council resolution shall state the nature and scope of proposed improvement including the
number of benefitted property owners, and shall provide means to obtain a cost estimate which
shall set forth the cost of the improvement both in unit price and in total thereof. Upon receipt of
such estimate, the Council shall by resolution set a date for a public hearing on the proposed
improvement setting forth therein the time, place and purpose of such hearing. Such resolution
shall be published twice, at least one week apart, in the official newspaper of the City no less
than two (2) weeks prior to the date of said hearing, and in addition there to, a copy of such
resolution including estimate unit prices and estimated total price thereof shall be mailed to each
benefitted property owner at his/her last known address at least two (2) weeks prior to the date of
said hearing. Failure to give mailed notice, or any defects in the notice, shall not invalidate the
proceedings. At such hearing the City shall receive any written and oral statements, and hear any
petitioners for or against the proposed improvement. At such hearing the City Council shall
present a special assessment formula and an analysis of the assessment income expected to offset
the proposed improvement cost. A period of sixty (60) days shall elapse after the public hearing
before any further action shall be taken by the Council, on t he proposed improvement. If within
such sixty (60) day period, in a petitioning process independent of the initiating process, a
petition against such improvement be filed with the Council, signed by a majority of the owners
proposed to be assessed for such improvement, or when the improvement has been petitioned
for, signed by a number of the owners proposed to be assessed for such improvement, at least
equal to the number of those who petitioned for the improvement, the Council shall not make
such improvement at the expense of the property benefitted, unless, in the meantime there be
filed with the Council a petition asking that the improvement be made, signed by property
owners proposed to be assessed for such improvement at least equal in number to thos e who
signed the petition against the improvement; in which event the Council may disregard the
petition against the improvement. Any person whose name appears on a petition to the Council
for a local improvement, may withdraw his/her name by statement in writing filed with the
Council before such petition is presented to the Council.
Subdivision 2. Regardless of the provisions of Subdivision 1 of this section, when less
than one hundred (100%) percent of the estimated cost of the proposed improvement is to be
paid for by special assessments, connection charges, or any outside funding sources other than
the City general fund, the Council shall submit the proposed local improvement and its
assessment formula to the voters of the City at the next general election. If no general election is
scheduled to occur within 160 days after the conclusion of the public hearing, the Council shall
schedule a special election as soon as practicable to submit said improvement and its associated
assessment formula to the City's voters. If a majority of those voting on said improvement and
associated assessment formula are opposed, the Council shall not proceed with the local
improvement as proposed. (Amended 01/13/2014)
Subdivision 3. When a proposed improvement is allowe d under the foregoing
subdivision, and the public record of the proposed improvement contains all of the evidence on
which the Council shall base their decision, the Council may by resolution, at any time between
AMENDMENT OPTION ONE
sixty (60) days and one (1) year after the conclusion of the public hearing, proceed on the
improvement. If after bids are received on the project the proposed contract exceeds the
estimated cost of the engineer stated at the public hearing held under Subdivision 1 by more than
ten (10%) percent, the City Council may not award the contract for the proposed improvement,
but may rebid the project for one (1) time only.
Subdivision 4. When a proposed improvement is disallowed under the foregoing
subdivisions, the Council shall not vote on the same i mprovement within a period of one (1) year
after the public hearing on said improvement.
Section 2. That Chapter 8 of the Lino Lakes City Charter be amended by adding thereto
a new Section 8.01 to read as follows:
Section 8.01. Local Improvements Defined; Charter Provisions Effective.
Subdivision 1. For the purposes of this Chapter, the term “local improvements” means
any public improvements financed in whole or in part from special assessments.
Subdivision 2. For the purposes of any objection or petition under this Chapter, (a) only
one person or entity may sign an objection or petition on behalf of all owners of a parcel; and (b)
if the same person or entity owns more than one parcel affected by a local improvement, that
person or entity may sign an objection or petition only once; and (c) for the purpose of
identifying recipients of any notice under this Chapter, owners are determined in accordance
with Minnesota Statutes, Section 429.031, subdivision 1.
Subdivision 3. The City may undertake any local improvements not forbidden by law
and levy special assessments to pay all or any part of the cost of such local improvements. The
principal amount of special assessments for any local improvements shall not exceed the cost of
the local improvement, including all design, financing and related costs, and shall not exceed the
benefit to the property determined in accordance with state law.
Subdivision 4. Local improvements shall be carried out exclusively under the provisions
of this Charter, except to the extent otherwise provided in Section 8.02.
Section 3. That Chapter 8 of the Lino Lakes City Charter be amended by adding thereto
a new Section 8.02 to read as follows:
Section 8.02. Local Improvement Procedure.
Subdivision 1. Local improvements shall be carried out in accordance with state law,
except as provided in this Section.
Subdivision 2. If more than 50 percent of the owners of the real property within the area
proposed to be assessed as defined in the mailed notice of the improvement hearing under
Minnesota Statutes, Section 429.031, subdivision 1, sign written objections regarding the local
improvements, and file such objections with the city clerk prior to the improvement hearing or
AMENDMENT OPTION ONE
present such objections to the presiding officer at the hearing, then after the hearing the council
shall schedule a special meeting to be held at least 45 days after the d ate of the hearing. At least
10 days prior to the date of the special meeting, the city shall publish notice of the special
meeting and mail notice of the special meeting to all owners who received the initial notice under
Section 429.031, subdivision 1. Such published and mailed notice shall include all the
information provided in the initial mailed notice, along with a statement as to the number and
percentage of affected owners who filed objections at or before the hearing. At the special
meeting, the council shall hear additional testimony on behalf of any objecting property owners,
and may consider further written or oral testimony from appropriate city officials and other
witnesses, as to the nature of the local improvements, the advisability of proceeding with such
local improvements, the proposed financing for such local improvements, any proposed
amendments to the plans or financing for such local improvements, and the methodology used to
calculate individual special assessments for such local imp rovements.
Subdivision 3. A resolution ordering the local improvements (as such local
improvements may have been amended in response to the hearing or special meeting under
Section 8.02, Subdivision 2) may be adopted at any time within six months after the date of the
special meeting by vote of a majority of all members of the council when the local improvement
has been petitioned for by not less than 35 percent of the owners of the real property within the
area proposed to be assessed defined in the petition as the location of the local improvement; and
when there has been no such petition, the resolution may be adopted only by vote of four -fifths
of all members of the council. The effective date of a resolution ordering th e local improvement
must be at least 30 days after adoption. Within five days after adoption of the resolution, a
summary of the resolution must be mailed to the affected owners. If more than 50 percent of the
affected owners sign written objections regarding the resolution, and file such objections with the
city clerk prior to the effective date of the resolution, the resolution does not become effective
and the local improvement is not ordered. Any objections filed under Section 8.02, Subdivision
2 will not constitute objections under this Subdivision 3. If the required number of owners do
not file a timely objection under this subdivision, the local improvement may proceed after the
effective date of the resolution, except as otherwise provided in Subdivisions 5 and 6.
Subdivision 4. If timely objections are not filed by the required number of property
owners under Subdivision 2 of this Section, Subdivisions 2 and 3 of this Section do not thereafter
apply to the subject local improvements, and all subsequent procedures for approval of and
levying of special assessments for those local improvements shall be in accordance with state
law, except as otherwise provided in this subdivision and Subdivisions 5 and 6. Notwithstanding
anything to the contrary in Minnesota Statutes, Section 429.031, subdivision 1, clause (f), a
resolution ordering the local improvement may be adopted at any time within six months after
the date of the hearing by vote of a majority of all members of the council when the local
improvement has been petitioned for by not less than 35 percent of the owners of the real
property within the area proposed to be assessed as defined in the petition as the location of the
local improvement; and when there has been no such petition, the resolution may be adopted
only by vote of four-fifths of all members of the council.
Subdivision 5. If any portion of the cost of a local improvement is to be paid from ad
valorem taxes, the ordering of the local improvement shall be suspended for 45 days after the
AMENDMENT OPTION ONE
effective date of the resolution ordering the local improvement under subdivision 3 (if no timely
objection was filed by the required number of owners) or under subdivision 4. If a petition
requesting a vote on the local improvement signed by registered voters equal to at least 5 percent
of the votes cast in the last general municipal election is filed with the City Clerk by the end of
that 45-day period, then the City may proceed with the local improvemen t, and may issue
general obligation bonds to finance the local improvement, only after obtaining approval of a
majority of the voters voting on the question at a general or special election. The ballot shall
generally describe the proposed local improveme nt, the estimated principal amount of bonds to
be issued to finance the local improvement, and the estimated percentage of total debt service on
the bonds expected to be paid from ad valorem taxes.
Subdivision 6. If the voters do not approve a local i mprovement and issuance of bonds
therefore at an election required by subdivision 5, the provisions of Minnesota Statutes, section
475.58, subd. 1a shall apply.
Section 4. That Chapter 8, Section 8.05, of the Lino Lakes City Charter is hereby
amended as follows:
Section 8.053. Assessments for Services. The Council may provide by ordinance that the
cost of City services to streets, sidewalks, or other public or private property may be assessed
against property benefitted and may be collected in the same manner as special assessmen ts.
Such costsservices shall not be deemed to be "special assessments"local improvements for the
purposes set forth in Section 8.0301 of this chapter.
Section 5. That Chapter 8, Section 8.06, of the Lino Lakes City Charter is hereby
repealed:
Section 8.06. When under the provisions of section 8.04, Subdivision 1, an improvement
is petitioned for by one hundred (100%) percent of the benefitted property owners, such property
owners may after the mailing of notice of a public hearing, petition to waive fifty (50) of the
sixty (60) days waiting period. After such petition, the City Council may immediately order the
proposed project. (Amended)
Section 6. That Chapter 8, Section 8.07, of the Lino Lakes City Charter is hereby
amended as follows:
Section 8.074. Local Improvement; Special Provisions.
Subdivision 1. Except as provided in Subdivision 3, in the geographic areas of the City
described in Subdivision 2, the construction of local improvements, the levy of special
assessment for the financing of those improvements must be conducted in accordance with
procedures specified in state law.
Subdivision 2. Subdivision 1 applies to land within three (3) geographic areas, each not
exceeding 430 acres, legally described as follows:
AMENDMENT OPTION ONE
AREA NO. 1 - Trunk Highway #49 (Hodgson Road) and County State Aid
Highway #23 Intersection (Lake Drive)
-All Government Lot 1, Section 30, T31, R22, PIN. 30-31-22-210001
-That part of Lots 14, 15, 16 and 17, Auditor's Subdivision No. 151 lying south and east of
State Trunk Highway #49 (Hodgson Road) right-of-way
AREA NO. 2 - Interstate I35E and County Road 242 (Main Street)
Interchange
- Northeast one quarter (1/4) of Section 24
- That part of the southeast one quarter (1/4) of Section 24 lying north of Cedar Street
- East one half (1/2) of the southwest one quarter (1/4) of Section 24
- East one half (1/2) of the northwest one quarter (1/4) of Section 24
AREA NO. 3 Interstate I35W and Trunk Highway #49 (Lake Drive)
Interchange
- North one half (1/2) of the southwest one quarter (1/4) of Section 18
- That part of the south one half (1/2) of the southwest one quarter (1/4) of Section 18 lying
north of the Interstate I35W right-of-way
- That part of the southwest one quarter (1/4) of Section 17 lying west of Trunk Highway
#49 (Lake Drive) right-of-way
- All of the northwest one quarter (1/4) of Section 17 with the exception of that part of the
southeast one quarter (1/4) of said northwest one quarter (1/4) of Section 17 as
follows: beginning at a point at the intersection of the south line of said southeast one
quarter (1/4) of the northwest one quarter (1/4) with the east right-of-way line of
Trunk Highway #49; thence northeasterly along said right-of-way line 938.14 feet (+
or -) ; thence southeasterly 672. 39 (+ or -) feet to east line of said southeast one
quarter (1/4) of the northwest one quarter (1/4); thence south along said east line 588.5
(+ or -) feet to the south line of said southeast one quarter (1/4) of the northwest one
quarter (1/4); thence westerly along said south line 1021.59 feet (+ or -) to the point of
beginning.
- The north 720 feet of that part of the southwest one quarter (1/4) of the northeast one
quarter (1/4) of Section 17 lying west of the Anoka County Park property
- That part of the north one half (1/2) of the northeast one quarter (1/4) of Section 17 lying
west of the Anoka County Park property
- That part of the north one half (1/2) of the northeast one quarter (1/4) of Section 17
lying west of the Anoka County Park property
- The south one half (1/2) of southeast one quarter (1/4) of the southeast one quarter (1/4)
of Section 8
- The southeast one quarter (1/4) of the southeast one quarter (1/4) of the southwest one
quarter (1/4) of Section 8
- The east 330 feet (+ or -) of the northeast one quarter (1/4) of the southeast one quarter
(1/4) of the southwest one quarter (1/4) of Section 8
AMENDMENT OPTION ONE
Subdivision 3. When construction of local improvements, the levy of special assessments
for the financing of those improvements specially benefit a parcel of real property, in an area
described in subdivision 2, on which a single family, owner occupied residential unit existed on
September 30, 1993, the owner/occupant of such residential unit may file a petition with the City
Clerk objecting to the special assessment to be levied against his/her parcel. Such petition shall
be filed with the City at or before the first public hearing to be he ld on the project. After the
filing of such petition the City may not specially assess such owner's property for the
improvements constructed unless the owner, at his/her option, in the future elects to connect to or
use the improvements constructed by the City. Any notice of hearing mailed to such single
family, owner occupied units shall include notice of the property owner's right to object to the
assessments as granted in this paragraph. This exception terminates on the first day that an
owner occupied residential unit no longer exists on the parcel of real property.
_________________________
Jeff Reinert, Mayor
_______________________________
Attest: Julianne Bartell, City Clerk
Adopted by the Lino Lakes City Council this 10th day of March, 2014.
The motion for the adoption of the foregoing ordinance was introduced by Council Member
__________and was duly seconded by Council Member ________and upon vote being taken
thereon, the following voted in favor thereof:
The following voted against same:
None
AMENDMENT OPTION TWO
1st Reading: March 10, 2014 Publication:
2nd Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 03-14
AN ORDINANCE AMENDING CHAPTER 8 OF THE LINO LAKES CITY
CHARTER, REGARDING PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
The City Council of the City of Lino Lakes does ordain:
Section 1. That Chapter 8, Section 8.01, 8.02, 8.03, 8.04, 8.05 and 8.06 of the Lino
Lakes City Charter be and are hereby repealed:
Section 8.01. Power to Make Improvements and Levy Assessments.
The City may make any type of public improvements not forbidden by law and levy special
assessments to pay all or any part of the cost of such improvements as are of a local character.
The total assessments for any local improvement may not exceed the cost of the improvement,
including all costs and expenses connected therewith, with interest. No assessment shall exceed
the benefits to the property.
Section 8.02. Effective Charter Provisions, Except as Provided in
Section 8.07. Local improvements (the term “local improvement" shall mean a public
improvement financed partly or wholly from special assessments) shall be carried out
exclusively under the provisions of this Charter. (Amended 11/23/93, Ordinance No. 93-19)
Section 8.03. Local Improvement Ordinances and Regulations. Within one hundred
twenty (120) days after this Charter goes into effect and before local improvements can be acted
upon, the Council shall enact suitable ordinance(s) governing local improvements and special
assessments. The ordinance(s) shall provide a complete working code covering the
determination of assessments and assessment districts, public hearings, appeals from a collection
of assessments, penalties for delinquency in making payments, financing of said assessments,
and the certifying of unpaid assessments for collection by the proper County officer. Said
ordinance(s) shall also provide for installment payments and notices to be given thereof,
appellate procedure, reassessment, if necessary, and all other matters appropriate to the subject of
local improvements and assessments. After the adoption of such ordinance(s) providing for local
improvements, all procedures in compliance therewith shall conform to the regulations as set
forth in such ordinance(s) and as otherwise conta ined in this Charter.
Section 8.04. Special Assessment Procedure.
AMENDMENT OPTION TWO
Subdivision 1. All improvements to be paid for by special assessments against the
benefitted property shall be instituted by either, (1) a petition of at least twenty-five percent
(25%) in number of the benefitted property owners (A benefitted property owner can only sign
once regardless of the number of benefitted parcels owned and a benefitted parcel can only have
one signature.) together with a resolution adopted by an affirmative vote of the majority of all of
the Council, or, (2) a resolution adopted by a four-fifths affirmative vote of all of the Council.
The Council resolution shall state the nature and scope of proposed improvement including the
number of benefitted property owners, and shall provide means to obtain a cost estimate which
shall set forth the cost of the improvement both in unit price and in total thereof. Upon receipt of
such estimate, the Council shall by resolution set a date for a public hearing on the proposed
improvement setting forth therein the time, place and purpose of such hearing. Such resolution
shall be published twice, at least one week apart, in the official newspaper of the City no less
than two (2) weeks prior to the date of said hearing, and in addition thereto, a copy of such
resolution including estimate unit prices and estimated total price thereof shall be mailed to each
benefitted property owner at his/her last known address at least two (2) weeks prior to the date of
said hearing. Failure to give mailed notice, or any defects in the notice, shall not invalidate the
proceedings. At such hearing the City shall receive any written and oral statements, and hear any
petitioners for or against the proposed improvement. At such hearing the City Coun cil shall
present a special assessment formula and an analysis of the assessment income expected to offset
the proposed improvement cost. A period of sixty (60) days shall elapse after the public hearing
before any further action shall be taken by the Council, on the proposed improvement. If within
such sixty (60) day period, in a petitioning process independent of the initiating process, a
petition against such improvement be filed with the Council, signed by a majority of the owners
proposed to be assessed for such improvement, or when the improvement has been petitioned
for, signed by a number of the owners proposed to be assessed for such improvement, at least
equal to the number of those who petitioned for the improvement, the Council shall not make
such improvement at the expense of the property benefitted, unless, in the meantime there be
filed with the Council a petition asking that the improvement be made, signed by property
owners proposed to be assessed for such improvement at least equal in numb er to those who
signed the petition against the improvement; in which event the Council may disregard the
petition against the improvement. Any person whose name appears on a petition to the Council
for a local improvement, may withdraw his/her name by statement in writing filed with the
Council before such petition is presented to the Council.
Subdivision 2. Regardless of the provisions of Subdivision 1 of this section, when less
than one hundred (100%) percent of the estimated cost of the proposed improvement is to be
paid for by special assessments, connection charges, or any outside funding sources other than
the City general fund, the Council shall submit the proposed local improvement and its
assessment formula to the voters of the City at the next general election. If no general election is
scheduled to occur within 160 days after the conclusion of the public hearing, the Council shall
schedule a special election as soon as practicable to submit said improvement and its associated
assessment formula to the City's voters. If a majority of those voting on said improvement and
associated assessment formula are opposed, the Council shall not proceed with the local
improvement as proposed. (Amended 01/13/2014)
AMENDMENT OPTION TWO
Subdivision 3. When a proposed improvement is allowed under the foregoing
subdivision, and the public record of the proposed improvement contains all of the evidence on
which the Council shall base their decision, the Council may by resolution, at any time between
sixty (60) days and one (1) year after the conclusion of the public hearing, proceed on the
improvement. If after bids are received on the project the proposed contract exceeds the
estimated cost of the engineer stated at the public hearing held under Subdivision 1 by more than
ten (10%) percent, the City Council may not award the contract for the proposed improvement,
but may rebid the project for one (1) time only.
Subdivision 4. When a proposed improvement is disallowed under the foregoing
subdivisions, the Council shall not vote on the same improvement within a period of one (1) year
after the public hearing on said improvement.
Section 8.05. Assessments for Services. The Council may provide by ordinance that the
cost of City services to streets, sidewalks, or other public or priva te property may be assessed
against property benefitted and may be collected in the same manner as special assessments.
Such costs shall not be deemed to be "special assessments" for the purposes set forth in Section
8.03 of this chapter.
Section 8.06. When under the provisions of section 8.04, Subdivision 1, an improvement
is petitioned for by one hundred (100%) percent of the benefitted property owners, such property
owners may after the mailing of notice of a public hearing, petition to waive fifty (50 ) of the
sixty (60) days waiting period. After such petition, the City Council may immediately order the
proposed project. (Amended)
Section 2. That Chapter 8 of the Lino Lakes City Charter be amended by adding thereto
a new Section 8.01 to read as follows:
Section 8.01. Local Improvements Defined; Charter Provisions Effective.
Subdivision 1. For the purposes of this Chapter, the term “local improvements” means
any public improvements financed in whole or in part from special assessments.
Subdivision 2. For the purposes of any objection or petition under this Chapter, (a) only
one person or entity may sign an objection or petition on behalf of all owners of a parcel; and (b)
if the same person or entity owns more than one parcel affected by a local improvement, that
person or entity may sign an objection or petition only once; and (c) for the purpose of
identifying recipients of any notice under this Chapter, owners are determined in accordance
with Minnesota Statutes, Section 429.031, subdivision 1.
Subdivision 3. The City may undertake any local improvements not forbidden by law
and levy special assessments to pay all or any part of the cost of such local improvements. The
principal amount of special assessments for any local improvements shall not exceed the cost of
the local improvement, including all design, financing and related costs, and shall not exceed the
benefit to the property determined in accordance with state law.
AMENDMENT OPTION TWO
Subdivision 4. Local improvements shall be carried out exclusively under the provisions
of this Charter, except to the extent otherwise provided in Section 8.02.
Section 3. That Chapter 8 of the Lino Lakes City Charter be amended by adding thereto
a new Section 8.02 to read as follows:
Section 8.02. Local Improvement Procedure.
Subdivision 1. Local improvements shall be carried out in accordance with state law,
except as provided in this Section.
Subdivision 2, The notice of hearing mailed to th e owner of each parcel within the area
proposed to be assessed shall include, in addition to the requirements of Minnesota Statutes,
Section 429.031, subdivision 1, an estimate of the proposed assessment for each individual
parcel proposed to be assessed.
Subdivision 3. A period of sixty (60) days shall elapse, after the public hearing held
pursuant to Minnesota Statutes, Section 429.031, subdivision 1, before any further action shall be
taken by the Council, on the proposed improvement. If within such sixty (60) day period, a
petition against such improvement is filed with the Council, signed by a majority of the owners
proposed to be assessed for such improvement, , the Council shall not make such improvement at
the expense of the property benefitted, unless, in the meantime there be filed with the Council a
petition asking that the improvement be made, signed by property owners proposed to be
assessed for such improvement at least equal in number to those who signed the petition against
the improvement, in which event the Council may disregard the petition against the
improvement. Any person whose name appears on a petition to the Council for a local
improvement, may withdraw his/her name by statement in writing filed with the Council before
such petition is presented to the Council.
Subdivision 4. If any portion of the cost of a local improvement is to be paid from ad
valorem taxes, then the City may proceed with the local improvement, and may issue general
obligation bonds to finance the local improvement, only after obtaining approval of a majority of
the voters voting on the question at a general or special election. The ballot shall generally
describe the proposed local improvement, the estimated principal amount of bonds to be issue d
to finance the local improvement, and the estimated percentage of total debt service on the bonds
expected to be paid from ad valorem taxes.
Subdivision 5. Street reconstruction and bituminous overlays. Not withstanding
subdivision 4, the City may proceed with a street reconstruction or bituminous overlay project
and may issue general obligation bonds if the conditions of Minnesota Statu tes, Section 475.58,
subdivision 3b, are met.
Subdivision 6. When a proposed improvement is allowed under subdivisions 3, 4 or 5,
notwithstanding anything to the contrary in Minnesota Statutes, Section 429.031, subdivision 1,
clause (f), a resolution ordering the local improvement may be adopted at any time between sixty
AMENDMENT OPTION TWO
(60) days and one (1) year after the date of the public hearing by vote of a majority of all
members of the council when the local improvement has been petitioned for by not less than 35
percent of the owners of the real property within the area proposed to be assessed as defined in
the petition as the location of the local improvement; and when there has been no such petition,
the resolution may be adopted only by vote of four-fifths of all members of the council.
Subdivision 7. If the voters do not approve a local improvement and issuance of bonds at
an election as may be required by subdivision 4 or subdivision 5, the provisions of Minnesota
Statutes, section 475.58, subdivision. 1a shall apply.
Subdivision 8. When under the provisions of section 8.02, subdivision 1, an improvement
is petitioned for by one hundred (100%) percent of the benefitted property owners, the City
Council may immediately order the proposed project.
Section 4. That Chapter 8, Section 8.05, of the Lino Lakes City Charter be
amended as follows:
Section 8.053. Assessments for Services. The Council may provide by ordinance
that the cost of City services to streets, sidewalks, or other public or private property may be
assessed against property benefitted and may be collected in the same manner as special
assessments. Such costsservices shall not be deemed to be "special assessments"local
improvements for the purposes set forth in Section 8.0301 of this chapter.
Section 5. That Chapter 8, Section 8.07, of the Lino Lakes City Charter be amended as
follows:
Section 8.074. Local Improvement; Special Provisions.
Subdivision 1. Except as provided in Subdivision 3, in the geographic areas of the City
described in Subdivision 2, the construction of local improvements, the levy of special
assessment for the financing of those improvements must be conducted in accordance with
procedures specified in state law.
Subdivision 2. Subdivision 1 applies to land within three (3) geographic areas, each not
exceeding 430 acres, legally described as follows:
AREA NO. 1 - Trunk Highway #49 (Hodgson Road) and County State Aid
Highway #23 Intersection (Lake Drive)
-All Government Lot 1, Section 30, T31, R22, PIN. 30-31-22-210001
-That part of Lots 14, 15, 16 and 17, Auditor's Subdivision No. 151 lying south and east of
State Trunk Highway #49 (Hodgson Road) right-of-way
AREA NO. 2 - Interstate I35E and County Road 242 (Main Street)
Interchange
AMENDMENT OPTION TWO
- Northeast one quarter (1/4) of Section 24
- That part of the southeast one quarter (1/4) of Section 24 lying north of Cedar Street
- East one half (1/2) of the southwest one quarter (1/4) of Section 24
- East one half (1/2) of the northwest one quarter (1/4) of Section 24
AREA NO. 3 Interstate I35W and Trunk Highway #49 (Lake Drive)
Interchange
- North one half (1/2) of the southwest one quarter (1/4) of Section 18
- That part of the south one half (1/2) of the southwest one quarter (1/4) of Section 18 lying
north of the Interstate I35W right-of-way
- That part of the southwest one quarter (1/4) of Section 17 lying west of Trunk Highway
#49 (Lake Drive) right-of-way
- All of the northwest one quarter (1/4) of Section 17 with the exception of that part of the
southeast one quarter (1/4) of said northwest one quarter (1/4) of Section 17 as
follows: beginning at a point at the intersection of the south line of said southeast one
quarter (1/4) of the northwest one quarter (1/4) with the east right-of-way line of
Trunk Highway #49; thence northeasterly along said right-of-way line 938.14 feet (+
or -) ; thence southeasterly 672. 39 (+ or -) feet to east line of said southeast one
quarter (1/4) of the northwest one quarter (1/4); thence south along said east line 588.5
(+ or -) feet to the south line of said southeast one quarter (1/4) of the northwest one
quarter (1/4); thence westerly along said south line 1021.59 feet (+ or -) to the point of
beginning.
- The north 720 feet of that part of the southwest one quarter (1/4) of the northeast one
quarter (1/4) of Section 17 lying west of the Anoka County Park property
- That part of the north one half (1/2) of the northeast one quarter (1/4) of Section 17 lying
west of the Anoka County Park property
- That part of the north one half (1/2) of the northeast one quarter (1/4) of Section 17
lying west of the Anoka County Park property
- The south one half (1/2) of southeast one quarter (1/4) of the southeast one quarter (1/4)
of Section 8
- The southeast one quarter (1/4) of the southeast one quarter (1/4) of the southwest one
quarter (1/4) of Section 8
- The east 330 feet (+ or -) of the northeast one quarter (1/4) of the southeast one quarter
(1/4) of the southwest one quarter (1/4) of Section 8
Subdivision 3. When construction of local improvements, the levy of special assessments
for the financing of those improvements specially benefit a parcel of real proper ty, in an area
described in subdivision 2, on which a single family, owner occupied residential unit existed on
September 30, 1993, the owner/occupant of such residential unit may file a petition with the City
Clerk objecting to the special assessment to be levied against his/her parcel. Such petition shall
be filed with the City at or before the first public hearing to be held on the project. After the
filing of such petition the City may not specially assess such owner's property for the
improvements constructed unless the owner, at his/her option, in the future elects to connect to or
use the improvements constructed by the City. Any notice of hearing mailed to such single
AMENDMENT OPTION TWO
family, owner occupied units shall include notice of the property owner's right to object to the
assessments as granted in this paragraph. This exception terminates on the first day that an
owner occupied residential unit no longer exists on the parcel of real property.
______________________________
Jeff Reinert, Mayor
_____________________________________
Attest: Julianne Bartell, City Clerk
Adopted by the Lino Lakes City Council this 10th day of March, 2014.
The motion for the adoption of the foregoing ordinance was introduced by Council Member
__________________and was duly seconded by Council Member _______________ and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
AMENDMENT OPTION TWO
References
429.031 PRELIMINARY PLANS, HEARINGS.
Subdivision 1.Preparation of plans, notice of hearing.
(a) Before the municipality awards a contract for an improvement or orders it made by day
labor, or before the municipality may assess any portion of the cost of an improvement to be
made under a cooperative agreement with the state or another political subdivision for sharing
the cost of making the improvement, the council shall hold a public hearing on the proposed
improvement following two publications in the newspaper of a notice stating the time and place
of the hearing, the general nature of the improvement, the estimated cost, and the area proposed
to be assessed. The two publications must be a week apart, and the hearing must be at least three
days after the second publication. Not less than ten days before the hearing, notice of the hearing
must also be mailed to the owner of each parcel within the area proposed to be assessed and must
contain a statement that a reasonable estimate of the impact of the assessment will be available at
the hearing, but failure to give mailed notice or any defects in the notice does not invalidate the
proceedings. For the purpose of giving mailed notice, owners are those shown as owners on the
records of the county auditor or, in any county where tax statements are mailed by the county
treasurer, on the records of the county treasurer; but other appropriate records may be used for
this purpose. For properties that are tax exempt or subject to taxation on a gross earnings basis
and are not listed on the records of the county auditor or the county treasurer, the owne rs may be
ascertained by any practicable means, and mailed notice must be given them as provided in this
subdivision.
(b) Before the adoption of a resolution ordering the improvement, the council shall secure
from the city engineer or some other competent person of its selection a report advising it in a
preliminary way as to whether the proposed improvement is necessary, cost -effective, and
feasible and as to whether it should best be made as proposed or in connection with some other
improvement. The report must also include the estimated cost of the improvement as
recommended. A reasonable estimate of the total amount to be assessed, and a description of the
methodology used to calculate individual assessments for affected parcels, must be available at
the hearing. No error or omission in the report invalidates the proceeding unless it materially
prejudices the interests of an owner.
(c) If the report is not prepared by an employee of a municipality, the compensation for
preparing the report under this subdivision must be based on the following factors:
(1) the time and labor required;
(2) the experience and knowledge of the preparer;
(3) the complexity and novelty of the problems involved; and
(4) the extent of the responsibilities assumed.
(d) The compensation must not be based primarily on a percentage of the estimated cost of
the improvement.
AMENDMENT OPTION TWO
(e) The council may also take other steps prior to the hearing, including, among other
things, the preparation of plans and specifications and the advertisement for bids that will in its
judgment provide helpful information in determining the desirability and feasibility of the
improvement.
(f) The hearing may be adjourned from time to time, and a resolution ordering the
improvement may be adopted at any time within six months after the date of the hearing by vote
of a majority of all members of the council when the improvement has been petitioned for by the
owners of not less than 35 percent in frontage of the real property abutting on the streets named
in the petition as the location of the improvement. When there has been no such petition, the
resolution may be adopted only by vote of four-fifths of all members of the council; provided
that if the mayor of the municipality is a member of the council but has no vote or votes only in
case of a tie, the mayor is not deemed to be a member for the purpose of determining a four-
fifths majority vote.
(g) The resolution ordering the improvement may reduce, but not increase, the extent of the
improvement as stated in the notice of hearing.
Subd. 2.Approval by park board or utilities commission.
A resolution ordering a park improvement may be adopted only by a four -fifths vote of the
council and shall also be approved by the park board, if there is one; provided, that if the mayor
of the municipality is a member of the council but has no vote or votes only in case of a tie, the
mayor shall not be deemed to be a member for the purpose of determining such four -fifths
majority vote. A resolution ordering an improvement of the water, sewer, steam heating, street
lighting or other facility over which a utilities commission has jurisdiction shall also be approved
by the utilities commission.
Subd. 3.Petition by all owners.
Whenever all owners of real property abutting upon any street named as the location of any
improvement shall petition the council to construct the improvement and to assess the entire cost
against their property, the council may, without a public hearing, adopt a resolution determining
such fact and ordering the improvement. The validity of the resolution shall not be questioned by
any taxpayer or property owner or the municipality unless an action for that purpose is
commenced within 30 days after adoption of the resolution as provided in section 429.036.
Nothing herein prevents any property owner from questioning the amount or validity of the
special assessment against the owner's property pursuant to section 429.081. In the case of a
petition for the municipality to own and install a fire protection system, a pedestrian skyway
system, or on-site water contaminant improvements, the petition must contain or be accompanied
by an undertaking satisfactory to the city by the petitioner that the petitioner will grant the
municipality the necessary property interest in the building to permit the city to enter upon the
property and the building to construct, maintain, and operate the fire protection system,
pedestrian skyway system, or on-site water contaminant improvements. In the case of a petition
for the installation of a privately owned fire protection system, a privately owned pedestrian
skyway system, or privately owned on-site water contaminant improvements, the petition shall
contain the plans and specifications for the improvement, the estimated cost of the improvement
AMENDMENT OPTION TWO
and a statement indicating whether the city or the owner will contract for t he construction of the
improvement. If the owner is contracting for the construction of the improvement, the city shall
not approve the petition until it has reviewed and approved the plans, specifications, and cost
estimates contained in the petition. The construction cost financed under section 429.091 shall
not exceed the amount of the cost estimate contained in the petition. In the case of a petition for
the installation of a fire protection system, a pedestrian skyway system, or on-site water
contaminant improvements, the petitioner may request abandonment of the improvement at any
time after it has been ordered pursuant to subdivision 1 and before contracts have been awarded
for the construction of the improvement under section 429.041, subdivision 2. If such a request is
received, the city council shall abandon the proceedings but in such case the petitioner shall
reimburse the city for any and all expenses incurred by the city in connection with the
improvement.
475.58, Subd. 3b.Street reconstruction and bituminous overlays.
(a) A municipality may, without regard to the election requirement under subdivision 1,
issue and sell obligations for street reconstruction or bituminous overlays, if the following
conditions are met:
(1) the streets are reconstructed or overlaid under a street reconstruction or overlay plan that
describes the street reconstruction or overlay to be financed, the estimated costs, and any planned
reconstruction or overlay of other streets in the municipality over the next five years, and the
plan and issuance of the obligations has been approved by a vote of all of the members of the
governing body present at the meeting following a public hearing for which notice has been
published in the official newspaper at least ten days but not more than 28 days prior to the
hearing; and
(2) if a petition requesting a vote on the issuance is signed by voters equal to five percent of
the votes cast in the last municipal general election and is filed with the municipal clerk within
30 days of the public hearing, the municipality may issue the bonds only after obtainin g the
approval of a majority of the voters voting on the question of the issuance of the obligations. If
the municipality elects not to submit the question to the voters, the municipality shall not propose
the issuance of bonds under this section for the same purpose and in the same amount for a
period of 365 days from the date of receipt of the petition. If the question of issuing the bonds is
submitted and not approved by the voters, the provisions of section 475.58, subdivision 1a, shall
apply.
(b) Obligations issued under this subdivision are subject to the debt limit of the municipality
and are not excluded from net debt under section 475.51, subdivision 4.
(c) For purposes of this subdivision, street reconstruction and bituminous overlays includes
utility replacement and relocation and other activities incidental to the street reconstruction, turn
lanes and other improvements having a substantial public safety function, realignments, other
modifications to intersect with state and county roads, and the local share of state and county
road projects. For purposes of this subdivision, "street reconstruction" includes expenditures for
AMENDMENT OPTION TWO
street reconstruction that have been incurred by a municipality before approval of a street
reconstruction plan, if such expenditures are included in a street reconstruction plan approved on
or before the date of the public hearing under paragraph (a), clause (1), regarding issuance of
bonds for such expenditures.
(d) Except in the case of turn lanes, safety improvements, realignments, intersection
modifications, and the local share of state and county road projects, street reconstruction and
bituminous overlays does not include the portion of project cost allocable to widening a street or
adding curbs and gutters where none previously existed.
475.58 Subd. 1a.Resubmission limitation.
If the electors do not approve the issuing of obligations at an election required by
subdivision 1, the question of authorizing the obligations for the same purpose and in the same
amount may not be submitted to the electors within a period of 180 days from the date the
election was held. If the question of authorizing the obligations for the same purpose and in the
same amount is not approved a second time it may not be submitted to the electors within a
period of one year after the second election.