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04/28/2008 Council Packet
SUMMARY MINUTES Monday, April 28, 2008 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup City Administrator: Gordon Heitke Council Workroom (not televised) A.. Review of Regular Meeting Agenda rif ➢ Open Mike / Public Comment Steve Thompson, 815 Ash Street, requested that the city make more information available electronically ➢ Call to Order and Roll Call 6:35 p.m. — Present were Mayor Bergeson, Council Members Stoltz, Gallup, and O'Donnell; Council Member Reinert was absent ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was approved as presented A) Consideration of Expenditures: i) April 28, 2008 (Check No. 82712 through 82805) in the amount of $247,259.59; ii) Centennial Fire District (Check No. 3174 through 3239) in the amount of $46,666.40 Pg 3 -13 B) Consider approval of April 7, 2008 Council Work Session Pg 14 -20 Minutes C) Consider approval of April 7, 2008 Closed City Council Pg 21 Meeting Minutes D) Consider approval of April 7, 2008 Special City Council Pg 22 Meeting Minutes Council Agenda -2- April 28, 2008 SUMMARY MINUTES E) Consider approval of April 14, 2008 Board of Appeal Pg 23 -24 Minutes F) Consider approval of April 14, 2008 City Council Meeting Pg 25 -29 Minutes G) Consider Resolution No. 08 -37, Approving Change Order Pg 30 -32 No. 12, Lake Drive /35W Improvement Project H) Consider First Reading of Ordinance No. 08 08, Updating the Pg 33 36 2008 Fee Schcdulc Action Taken: Motion by Stoltz, seconded by Gallup, to approve the Consent Agenda, Items 1A through 1G, was adopted None db A) Consider request of Chad Wagner, Miller's on Main, for variance from State Fire Code for summer tent event Action Taken: Motion by O'Donnell, seconded by Stoltz, to approve a variance from the 20 foot minimum setback requirement from the north property line for the period of August 15 -18, 2008 only, provided there will be no occupancy after August 16, 2008 and further the applicant should work with staff on an optimum configuration of the tent for safety, was adopted. B) Consider First Reading of Ordinance No. 08 -08, Updating the 2008 Fee Schedule Reading and roll call required Action Taken: Motion by Stoltz, seconded by O'Donnell, to approve first reading of Ordinance No. 08 -08 was adopted: Yeas, 4; Nays, 0; Absent, 1 (Reinert) Pg 33 -36 FETY DEP None ENT REPORT, None Council Agenda -3- SUMMARY MINUTES April 28, 2008 A) Vaughan's First Addition i) Consideration of Resolution No. 08 -43, Approving Development Agreement, Jim Studenski ii) Consideration of Resolution No. 08 -44, Approving Final Plat, Paul Bengtson Action Taken: Motion by Gallup, seconded by Stoltz, to approve Resolutions 08 -43 and 08 -44 as presented, was adopted Pg 37 -51 B) Consideration of Resolution No. 08 -47, Authorizing Execution Pg 52 -70 of a Grading Only Development Contract, Main Street Village, Jim Studenski Action Taken: Motion by O'Donnell, seconded by Gallup, to approve Resolution No. 08 -47 as presented, was adopted C) 2008 Street Maintenance Projects, Jim Studenski i) Consideration of Resolution No. 08 -45, Accepting Bids and Awarding Contract, 2008 Street Sealcoating Project Action Taken: Motion by Stoltz, seconded by Gallup, to approve Resolution No 08 -45 as presented, was adopted ii) Consideration of Resolution No. 08 -46, Accepting Bids and Awarding Contract, 2008 Street Overlay Project Action Taken: Motion by O'Donnell, seconded by Gallup, to approve Resolution No 08 -46 as presented, was adopted Pg 71 -79 A 0 None None VA dee dd Motion by Stoltz, seconded by O'Donnell, to adjourn at 7:05 p.m, was adopted Community Calendar - A Look Ahead April 29, 2008 through May 12, 2008 Wednesday, April 30 6:30 pm, Council Chambers Environmental Board Thursday, May 1 7:00 am, Community Room EDAC Monday, May 5 5:30 pm, Community Room Council Work Session Monday, May 5 6:30 pm, Council Chambers Park Board Monday, May 12 6:30 pm, Council Chambers Council Meeting Fire Code Variance Gordon Heitke Page 1 of 1 s St ova Li— LY -O From: Smith, Chris [CSmith @Imc.org] Sent: Monday, April 28, 2008 2:13 PM To: Gordon Heitke Cc: Chamberlin, Tracie Subject: Fire Code Variance Gordon: This e -mail is to follow -up on our recent discussion regarding a bar owner who has requested a variance from the state fire code. Although the procedure in Minnesota Statutes, Section 299F.011 is not entirely clear, I interpret Subdivision 5 to set up the following process: Step 1. Property owner requests a variance from the local fire official (presumably the fire chief). Step 2. If the request is denied, the property owner may appeal to the city council (assuming there is no local board of appeals). Step 3. If the city council denies the variance request, the property owner may appeal to the state fire marshal. Subdivision 5 provides that the state fire marshal may grant a variance from the fire code if: 1. There is "substantial compliance" with the fire code. 2. The "safety of the public and occupants of such building will not be jeopardized" and 3. "Undue hardship will result to the applicant unless such variance is granted." Presumably, these are the same standards that the local fire official and city council should consider. The first two factors are an area where the city needs to rely on the expertise of the local fire official. The "undue hardship" is more difficult to apply as the statute does not tell us what constitutes an "undue hardship." I also checked the Minnesota annotated statutes and there are no court cases that have addressed to issue of "undue hardship" as it applies to the fire code. My suggestion is to look at the granting of variances in land use matters which also applies an "undue hardship" requirement. Minnesota Statutes, Section 462.357, subd. 6, provides in part as follows: "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance." Under the facts you described, the bar owner may be able to meet factors 1 and 2 in Minnesota Statutes, Section 299F.01, subd. 5. However, applying the "undue hardship" standard above, I do not think the bar owner can show an "undue hardship" although ultimately that decision is up to the local fire official and the city council to decide. If you have any questions or need additional information, please let me know. Christopher Smith I Risk Management Attorney Tel: (651) 281 -1269 I Fax: (651) 281 -1296 csmith @Imc.org 1 www.lmc.orq League of Minnesota Cities 145 University Ave. West 1 St. Paul, MN 55103 Connecting & Innovating since 1913 4/28/2008 • REVISED Monday, April 28, 2008 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup City Administrator: Gordon Heitke Council Workroom (not televised) A.. Review of Regular Meeting Agenda ➢ Open Mike / Public Comment ➢ Call to Order and Roll Call ➢ Pledge of Allegiance > Setting the Agenda: Addition or deletion of agenda items A) Consideration of Expenditures: i) April 28, 2008 (Check No. 82712 through 82805) in the amount of $247,259.59; ii) Centennial Fire District (Check No. 3174 through 3239) in the amount of $46,666.40 B) Consider approval of April 7, 2008 Council Work Session Pg 14 -20 Minutes Pg 3 -13 C) Consider approval of April 7, 2008 Closed City Council Pg 21 Meeting Minutes D) Consider approval of April 7, 2008 Special City Council Pg 22 Meeting Minutes E) Consider approval of April 14, 2008 Board of Appeal Pg 23 -24 Minutes Council Agenda -2- April 28, 2008 REVISED F) Consider approval of April 14, 2008 City Council Meeting Pg 25 -29 Minutes G) Consider Resolution No. 08 -37, Approving Change Order Pg 30 -32 No. 12, Lake Drive /35W Improvement Project H) Consider First Reading of Ordinance No. 08 08, Updating the Pg 33 36 2008 Fcc Schcdulc None A) Consider request of Chad Wagner, Miller's on Main, for variance from State Fire Code for summer tent event B) Consider First Reading of Ordinance No. 08 -08, Updating the Pg 33 -36 2008 Fee Schedule Reading and roll call required None None A) Vaughan's First Addition i) Consideration of Resolution No. 08 -43, Approving Development Agreement, Jim Studenski ii) Consideration of Resolution No. 08 -44, Approving Final Plat, Paul Bengtson Pg 37 -51 B) Consideration of Resolution No. 08 -47, Authorizing Execution Pg 52 -70 of a Grading Only Development Contract, Main Street Village, Jim Studenski • • • • Council Agenda -3- REVISED C) 2008 Street Maintenance Projects, Jim Studenski April 28, 2008 i) Consideration of Resolution No. 08 -45, Accepting Bids and Awarding Contract, 2008 Street Sealcoating Project Consideration of Resolution No. 08 -46, Accepting Bids and Awarding Contract, 2008 Street Overlay Project Pg 71 -79 None None 11,1,##le O Community Calendar - A Look Ahead April 29, 2008 through May 12, 2008 Wednesday, April 30 Thursday, May 1 Monday, May 5 Monday, May 5 Monday, May 12 6:30 pm, Council Chambers 7:00 am, Community Room 5:30 pm, Community Room 6:30 pm, Council Chambers 6:30 pm, Council Chambers Environmental Board EDAC Council Work Session Park Board Council Meeting • EXPENDITURES APRIL 28, 2008 • • Date: 04/18/2008 Time: 08:05:31 City of Lino Lakes FM Entry - Invoice Journal Ranges: Options: Vendor # Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 7138 7151 Trans 8: (A) Line 8: (A) Due Date: (A) Bank #: (A) Detail / Summary: S Sort: N Name Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Check Over Expend: N • Discount # of items Net Gross Discount Lost 000019 NEOPOST, INC. 1 1,295.00 1,295.00 .DD .00 000057 PREMIUM WATERS, INC. 1 108.24 108.24 .00 .DD 000093 ACE SOLID WASTE, INC. 1 418.45 418.45 .DD .DD 000105 UNITED PARCEL SERVICE 1 24.97 24.97 .00 .00 000157 ALL SEASONS RENTAL, INC. 1 40.79 40.79 .00 .00 000162 BARNA, GUZY 9 STEFFEN, LTD. 1 39.00 39.00 .00 .00 000189 MUTUAL SALES, INC. 1 738.30 738.30 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 1 98.92 98.92 .00 .DD D00283 PRIME- STRIPE, INC. 1 526.90 526.90 .00 .00 000293 WIPERS AND WIPES, INC. 1 157.35 157.35 .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 210.49 210.49 .00 • 000364 NORTHERN AIR CORPORATION 1 3,362.96 3,362.96 .D0 . 000370 CENTRAI, COMMUINICATIONS 1 778.56 778.56 .00 .00 000405 RYDEEN, LESTER 1 43.62 43.62 .00 .00 000413 DAKOTA COUNTY RECEIVING CENTER 1 67.00 67.00 .00 .00 000440 ANOKA COUNTY GOVERMENT CENTER 1 80.00 60.00 .00 .00 000489 TDS METROCOM 1 968.30 968.30 .00 .00 000492 KRISS DESIGN COMPANY, LLC 2 1,404.82 1,404.82 .00 .00 000537 CENTRAL PENSION FUND 1 2,611.20 2,611.2D .00 .00 000541 ASPEN MILLS, INC. 1 62.30 62.30 .00 .0D 000620 BEACON ATHLETICS, INC. 2 592.42 592.42 .00 .00 000860 BROADWAY AWARDS, INC. 1 70.82 70.82 .00 .00 • Date: 04/18/2008 Time 06:05:31 City of Lino Lakes FM Entry - Invoice Journal Name Operator: JAL Page: 2 Discount # of items Net Gross Discount Lost 000886 JOHNSON, RICK /DEER 6 BEAVER, INC. 1 90.00 90.00 .00 .00 000900 O'REILLY AUTOMOTIVE, INC. 1 337.55 337.55 .D0 .00 000983 ADMINISTRATION RESOURCES CORPORATION 1 74.16 74.16 .D0 .00 001016 MINNESOTA STATE RETIREMENT SYSTEM 1 837.96 837.96 .D0 .00 001043 CENTRAL LANDSCAPING, INC. 1 357.30 357.30 .00 .00 001044 CHOICEPOINT SERVICES, INC. 1 512.00 512.00 .00 .00 001101 CENTENNIAL LAKES POLICE DEPARTMENT 1 2,580.00 2,580.00 .00 .00 001146 EGAN OIL COMPANY 1 5,901.40 5,901.40 .00 .D0 001200 FILE OF LIFE FOUNDATION, INC. 1 84.63 84.83 .00 .00 001260 ACCLAIM BENEFITS 1 143.55 143.55 .00 .00 001265 BOYER TRUCKS, INC. 1 495.88 495.88 .D0 .00 001267 FAST BREAK CORNER MARKET, INC. 1 9.5B 9.58 .0D .00 001455 FBI NORTHWEST CHAPTER /FBINAA 1 75.00 75.00 .00 .00 001480 HAWKINS INC. 2 384.02 384.02 .00 .0D 001486 MATTSON, LYNN 1 30.00 30.00 .D0 .D0 •540 FORESTRY SUPPLIERS, INC. 1 1,039.31 1,039.31 .00 .00 001561 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 2 4,608.23 4,608.23 .00 .00 001600 GALL'S INC. 1 138.42 138.42 .00 .00 D01680 ONE CALL CONCEPTS, INC. 1 114.55 114.55 .00 .00 001768 H E L MESABI, INC. 1 684.54 684.54 .00 .D0 001971 INFRATECH TECHNOLOGIES, INC. 1 922.50 922.50 .D0 .OD 002000 INTL UNION OF OPER ENGR 1 510.00 510.00 .DD .D0 002329 INTERNATIONAL CODE COUNCIL, INC. 1 100.00 100.00 .00 .00 002550 MENARDS, INC. 1 22.99 22.99 .DD • .00 002570 METRO COUNCIL ENRIVONMENTAL SERVICES 1 47,150.05 47,150.05 .00 .00 002584 METRO SALES INCORPORATED 1 913.74 913.74 .00 .0D 002836 MINNESOTA STATE TREASURER 1 1,506.75 1,506.75 .00 .00 • Date: 04/18/2008 Time 08:05:31 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Vendor # Name # of items Net Gross Discount DisS 002931 MN CHILD SUPPORT PAYMENT CENTER 1 257.03 257.03 .00 .D0 003091 MN NCPERS LIFE INSURANCE 1 416.0D 416.00 .OD .00 003123 NATURE CALLS, INC. 1 64.65 64.65 .00 .D0 D03250 XCEL ENERGY 1 3,624.93 3,624.93 .0D .00 003271 BSBC BUSINESS SOLUTIONS 1 138.43 138.43 .D0 .00 003600 PRESS PUBLICATIONS, INC. 3 237.14 237.14 .00 .00 003749 REGISTERED ABSTRACTERS, INC. 2 280.00 2B0.D0 .DD .00 003781 TLACHAC, STEVEN & JACLYN 1 418.96 418.96 .D0 .DD 003910 SAM'S CLUB, INC. 1 170.32 170.32 .0D .DD 003927 HENRY'S WATERWORKS, INC. 1 685.86 685.86 .00 .00 D03990 SHOREVIEW, CITY OF 1 3,024.91 3,024.91 .0D .D0 004070 REED BUSINESS INFORMATION 2 351.00 351.00 .0D .00 004099 SRF CONSULTING GROUP, INC. 1 10,145.63 10,145.63 .0D .00 D04127 WEGENER, WAYNE, JR. 1 202.46 202.46 .0D .00 004172 STATE OF MINNESOTA 1 390.00 390.00 .DD .D0 004240 STREICHER'S, INC. 3 318.13 318.13 .00 004302 SURPLUS SERVICES 1 60.00 60.00 .00 •.0 004470 COMO LUBE & SUPPLIES, INC. 1 596.35 596.35 .00 .0D 004560 0 S BANK 1 4,259.27 4,259.27 .0D .00 004562 HD SUPPLY WATERWORKS, LTD. 1 1,336.50 1,336.50 .00 .00 004590 UNIFORMS UNLIMITED, INC. 1 487.50 487.50 .D0 .DD 00467D COMCAST 1 34.95 34.95 .00 .0D 004730 VIKING INDUSTRIAL CENTER, INC. 2 777.22 777.22 .D0 .00 004761 INTERNATIONAL PUBLIC MANAGEMENT ASSOC. 1 145.00 145.00 .00 .DO 004840 WINNICK SUPPLY, INC. 1 193.56 193.56 .00 .00 005007 LUNDA CONSTRUCTION COMPANY 1 70,238.90 70,238.90 .00 .00 D07378 ANDERSON, KAREN 1 1,017.34 1,017.34 .00 .00 • Date: 04/18/2008 Time: D8:05:31 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 4 Discount S,r # Name # of items Net Gross Discount Lost 007392 HAWKINS & BAUMGARTNER, P.A. 1 13,583.83 13,583.83 .00 .0D 007435 BITTMAN, JULIE 1 30.00 30.00 .00 .00 007436 HEYMER, JULIE 1 30.00 30.00 .00 .0D 007437 HOOVER, MICHELLE 1 35.00 35.00 .00 .00 007438 MUNDIS, PAULA 1 35.00 35.00 .00 .00 007439 WALKER, JASON 1 30.00 30.00 .D0 .00 007440 WALDOCK, MILLE 1 54.00 54.00 .00 .D0 007441 ZIMMERMAN, JULIE 1 30.00 30.00 .00 .00 D07442 HSA BANK 1 5,835.99 5,B35.99 .00 .0D 007443 JDI SIGNS & GRAPHICS 1 411.09 411.09 .00 .00 007444 MINNESOTA ASSOC OF WOMEN POLICE 1 125.00 125.00 .D0 .00 007445 PROPAC 1 108.17 108.17 .00 .00 007446 YMCA OF GREATER ST. PAUL 1 3,477.57 3,477.57 .00 .00 900471 BONESTROO, INC. 1 33,547.37 33,547.37 .00 .00 900491 ROSEVIT,TxF, CITY OF 1 5,693.34 5,693.34 .00 .D0 •524 BURGER, LUANN 1 771.84 771.84 .00 .00 900591 CORPORATE EXPRESS, INC. 1 264.63 264.63 .D0 .D0 Grand Totals: 104 247,259.59 247,259.59 .00 .00* Date: 04/18/2008 Time D8:04:55 Ranges: Operator: JAL Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: (A) (A) (A) (A) (A) (R) 7139 - 7158 (A) Options: Print Ranges /Options: Y # of copies: 1 Page on Department: N Department Vendor Name Description Amount MAYOR /COUNCIL MAYOR /COUNCIL MAYOR /COUNCIL MAYOR /COUNCIL MAYOR /COUNCIL ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION SENIORS FINANCE FINANCE FINANCE FINANCE CENTRAL PENSION FUND PAYROLL WITHHOLDING MINNESOTA STATE RETI PAYROLL WITHHOLDING CENTENNIAL LAKES POL REIMBURSE EAGLE BROOK OV INTL UNION OF OPER E PAYROLL WITHHOLDING MN DEPT OF LABOR /IND 1ST QUARTER '08 SURCHAR.G MN CHILD SUPPORT PAY TERRY J MECKLE /001401177 MN NCPERS LIFE INSUR PAYROLL WITHHOLDING • U 5 BANK COMPUTER PURCHASE/JOE J Total for Department BROADWAY AWARDS, INC PLAQUES /2 U S BANK COUNCIL RETREAT U S BANK COUNCIL RETREAT /GUEST RO II S BANK REGISTRATION /JOHN B II S BANK REGISTRATION /KATBI G Total for Department 401 PREMIUM WATERS, INC. BARNA, GUEY & STEFFE ADMINISTRATION RESOU CHOICEPOINT SERVICES ACCLAIM BENEFITS PRESS PUBLICATIONS, U S BANK II S BANK U S BANK INTERNATIONAL PUBLIC MONTHLY SERVICE /MARCH PROFESSIONAL SERVICES COBRA MANAGEMENT ENROLLMENT CHARGE FLEXIBLE SPENDING ADMINI ADVERTISING CONFERENCE /GORDON H CONFERENCE /JEAN V E JULI REGISTRATION /GORDON H MEMBERSHIP /DAN T Total for Department 402 TDS METROCOM MONTHLY SERVICE /APRIL Total for Department 406 II S BANK SEMINAR /PAULA 5 U S BANK WORKSHOP /PAULA S BSA BANK ERA ROLLING INTO BSA ROSEVILLE, CITY OF JOINT POWERS AGREEMENT Total for Department 407 LEGAL CONSULTANTS REGISTERED ABSTRACTE 745 OAK LANE /ABATEMENT P LEGAL CONSULTANTS HAWKINS E HAUMGARTNE CRIMINAL ATTORNEY 2,611.20 837.96 2,580.00 510.00 1,506.75 257.03 416.00 1,580.71 10,299.65* 70.82 202.91 78.81 45.00 45.00 442.54* 59.10 39.00 74.16 512.00 143.55 30.60 220.OD 309.93 35.00 145.00 1,56B.34* 35.44 35.44* 80.00 75.00 333.00 5,693.34 6,161.34* 140.00 12,154.00 • • • Date: 04/18/2008 Time: 08:04:55 Operator: JAL • Department Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount LEGAL CONSULTANTS HAWKINS & BAUMGARTNE MUNICIPAL ATTORNEY Total for Department 414 ECONOMIC DEVELOPMENT U 5 BANK REGISTRATION /MARY D Total for Department 415 PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE LICE .ICE ICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE FIRE FIRE SRF CONSULTING GROUP TRANSPORTATION PLAN /MARC U S SANK REGISTRATION /uErt S BONESTROO, INC. COMP PLAN UPDATE /DECEMBE Total for Department 416 PREMIUM WATERS, INC. UNITED PARCEL SERVIC CENTRAL COMMUNICATIO DAKOTA COUNTY RECEIV IDS METROCOM KRISS DESIGN COMPANY KRISS DESIGN COMPANY ASPEN MILLS, INC. FILE OF LIFE FOUNDAT FAST BREAK CORNER MA FBI NORTHWEST CHAPTE EMERGENCY AUTOMOTIVE GALL'S INC. METRO SALES INCORPOR WEGENER, WAYNE, JR. STATE OF MINNESOTA STREICEER'S, INC. SURPLUS SERVICES U S BANK U S BANK U S BANK U S BANK U S SANK U S BANK UNIFORMS UNLIMITED, ANDERSON, KAREN ESA BANK MINNESOTA PROPAC CORPORATE U S BANK HSA BANK MONTHLY SERVICE /MARCH DELIVERY SERVICE WIRELESS INTERNET ACCESS DETOX TRANSPORTATION MONTHLY SERVICE /APRIL BUSINESS CARDS GOLF SHIRTS UNIFORM SUPPLIES /RESERVE REFRIG MAGNETS /CARDS CAR WASHES/2 DUES /BILL H ON -SITE SERVICE 0XYGEN BAG COPIER MAINTENANCE REIMBURSE UNIFORM ALLOWA CONNECT CHARGES UNIFORM SUPPLIES FIT,F,R /DESK CONFERENCE /BILL H CSO INTERVIEWS POLICE INTERVIEWS REGISTRATION /MIKE R WORKSHOP /JACKIE B WORKSHOP /LORI H UNIFORM SUPPLIES /RESERVE REIMBURSE EDUCATIONAL EX ERA ROLLING INTO HSA ASSOC OF W CONFERENCE /KELLY MCC BANNER EXPRESS, I OFFICE SUPPLIES Total for Department 420 WORKSHOP /JANET H BRA ROLLING INTO HSA Total for Department 421 BUILDING INSPECTIONS INTERNATIONAL CODE C MEMBERSHIP /PETE K Total for Department 422 • 1,429.83 13,723.83* 35.00 35.00* 10,145.63 35.00 33,547.37 43,728.00* 49.14 24.97 778.56 67.00 670.42 1,176.82 228.0D 62.30 84.83 9.58 75.00 4,418.23 138.42 913.74 202.46 390.00 318.13 60.00 250.00 57.57 249.82 190.00 75.00 75.00 487.50 1,017.34 1,258.07 125.00 108.17 264.63 13,825.70* 75.0D 1,580.90 1,655.99* 100.0D 100.0D* Date: 04/18/2008 Time 08:04:55 Operator: JAL Department Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS RECREATION ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL TDS METROCOM JOHNSON, RICK/DEER & INFRATECH TECHNOLOGI XCEL ENERGY HENRY'S WATERWORKS, VIKING INDUSTRIAL CE VIKING INDUSTRIAL CE HSA BANK MONTHLY SERVICE /APRIL DEER REMOVAL /MARCH JET /VAC SEWER LINE MONTHLY SERVICE /MARCH COLD PATCH WINTER MIX CHAINSAW PROTECTION VESTS BRA ROLLING INTO HSA Total for Department 430 AMERICAN FASTENER 6 RYDEEN, LESTER ANOKA COUNTY GOVERNM O'REILLY AUTOMOTIVE, EGAN OIL COMPANY BOYAR TRUCKS, INC. U & L MESABI, INC. MENARDS, INC. COMO LUKE & SUPPLIES U S BANK WINNICR SUPPLY, INC. ESA BANK JDI SIGNS & GRAPHICS Total for H% CAP /CABLE TIE /COTTER REIMBURSE OIL /LUBRICANT HAZARDOUS WASTE GENERATO FILTERS /SOLVENT /DISC PAD GASOHOL REPAIR SENDER CARBIDE BLADE SUPPLIES GREASE WORKSHOP /LES R TUBE /HOSE /COUPLING HR.A ROLLING INTO ESA GRAPHICS CS Department 431 ACE SOLID WASTE, INC AMERIPRIDE LINEN /APP NORTHERN AIR CORPORA TDS METROCOM XCEL ENERGY COMCAST MONTHLY SERVICE /APRIL MAT RENTAL CALIBRATE STATS MONTHLY SERVICE /APRIL MONTHLY SERVICE /MARCH MONTHLY SERVICE /APRIL Total for Department 432 PRIME- STRIPE, INC. WIPERS AND WIPES, IN BEACON ATHLETICS, IN BEACON ATHLETICS, IN NATURE CALLS, INC. U S BANK VIKING INDUSTRIAL CE VIKING INDUSTRIAL CE HSA BANK PAINT CAN LINERS FIELD NARKING SYSTEM /SOC PITCH PLATES PORTABLE RESTROOM RENTAL WORKSHOP /STEVE G CHAINSAW PROTECTION VESTS HRA ROLLING INTO RSA Total for Department 45D HSA BANK BRA ROLLING INTO HSA Total for Department 451 ALL SEASONS RENTAL, U S BANK U S BANK HIGH WEED MOWER RENTAL CERTIFICATION /MARTY A MEMEERSHIP /MARTY A 35.51 90.00 922.50 14.68 685.86 171.58 87.49 1,000.00 3,007.62* 98.92 43.62 80.00 337.55 5,901.40 495.88 684.54 22.99 596.35 189.00 -8.97 107.32 411.09 8,959.69* 418.45 210.49 3,362.96 120.61 3,561.92 34.95 7,709.38* 526.9D 157.35 519.32 73.10 64.65 45.00 171.58 87.49 278.35 1,923.74* 139.18 139.18* 40.79 130.00 40.00 • • Date: 04/18/2008 Time 08:04:55 Operator: JAL • Department Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Total for Department 461 Total for Fund 101 MATTSON, LYNN BITTMAN, JULIE HEYMER, JULIE HOOVER, MICHELLE MUNDIS, PAULA WALKER, JASON WALDOCK, MIC7PT•T.F ZIMHERMAN, JULIE REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC Total for Department SPECIAL EVENTS /TRIPS MUTUAL SALES, INC. SPECIAL EVENTS /TRIPS SAM'S CLUB, INC. YOUTH INSTRUCTIONAL FLEET KITES PROGRAM REC SUPPLIES Total for Department 205 BURGER, LUA1N PROGRAM REC /DANCE MASSE Total for Department 207 Total for Fund 201 FORESTRY SUPPLIERS, VEST /ROPE /PRUNER /BLADE /S WINNICK SUPPLY, INC. TUBE /HOSE /COUPLING Total for Department 431 Total for Fund 402 PRESS PUBLICATIONS, ADVERTISING /OVERLAY PRESS PUBLICATIONS, ADVERTISING /SEAL COAT REED BUSINESS INFORM ADVERTISING /OVERLAY REED BUSINESS INFORM ADVERTISING /SEAL COAT Total for Department 499 Total for Fund 421 OTHER REGISTERED ABSTRACTE LAKE DRIVE EASEMENT ACQU OTHER LUNDA CONSTRUCTION C LAKE DRIVE /35W Total for Department 499 WATER WATER WATER Total for Fund 471 CENTRAL LANDSCAPING, REIMBURSE HYDRANT METER SHOREVIEW, CITY OF QUARTERLY UTILITY BILLIN Total for Department NEOPOST, INC. TDS METROCOM HAWKINS , INC. FOLDER INSERT MONTHLY SERVICE /APRIL CYCLINDER Amount 210.79* 113,546.14* 30.00 30.00 30.0D 35.00 35.00 30.00 54.00 30.0D 274.00* 738.30 170.32 908.62* 771.84 771.84* 1,954.46* 1,039.31 79.36 1,118.67* 1,118.67* 103.27 103.27 175.50 175.50 557.54* 557.54* 14D_00 70,238.90 7D,378.90* 70,378.90* -42.70 9.54 - 33.16* 647.50 106.32 15.00 Date: 04/18/2008 Time 08:04:55 Operator: JAL Department Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount WATER WATER WATER WATER WATER WATER WATER WATER WATER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER HAWKINS , INC. TUBING 369.02 ONE CALL CONCEPTS, I MONTHLY SERVICE /MARCH 57.28 XCEL ENERGY MONTHLY SERVICE /MARCH 32.04 SHOREVIEW, CITY OF QUARTERLY UTILITY BILLIN 2,153.75 HD SUPPLY WATERWORKS METER INSTALLATION 1,336.50 VIKING INDUSTRIAL CE CHAINSAW PROTECTION 171.59 VIKING INDUSTRIAL CE VESTS 87.49 WINNICR SUPPLY, INC. TUBE /HOSE /COUPLING 123.17 HSA BANK HRA ROLLING INTO HSA 569.58 Total for Department 494 5,669.24* Total for Fund 601 NEOPOST, INC. ONE CALL CONCEPTS, I METRO COUNCIL ENVIRO XCEL ENERGY HSBC BUSINESS SOLUTI SHOREVIEW, CITY OF U S BANK BSA BANK Total FOLDER INSERT MONTHLY SERVICE /MARCH MAY SEWER MONTHLY SERVICE /MARCH UPS /OFFICEMA% QUARTERLY UTILITY BILLIN BATTERIES BRA ROLLING INTO HSA for Department 495 Total for Fund 602 CENTRAL LANDSCAPING, REIMBURSE HYDRANT METER EMERGENCY AUTOMOTIVE CAMERA INSTALLATION TLACHAC, STEVEN & JA REIMBURSE SHORT TERM ESC YMCA OF GREATER ST. REIMBURSE ESCROW Total for Department Total for Fund 801 Grand Total 5,636.08* 647.50 57.27 47,150.05 16.29 138.43 861.62 140.52 569.59 49,581.27* 49,581.27* 400.00 190.00 418.96 3,477.57 4,486.53* 4,486.53* 247,259.59* • • • CENTENNIAL FIRE DISTRICT • • Check Register FIRE GL GL Posting Period(s): 04/08 - 04/08 Check issue Date(s): 04/05/2008 - 04/22/2008 Page: 1 Apr 22, 2008 12:OOpm Per Date Check No Vendor No 04/08 04/22/08 3174 10800 04/08 04/22/08 3220 20140 04/08 04/22/08 3221 20400 04/08 04/22/08 3772 30600 Payee VOID - ANOKA CO FIRE PROTECT. MILO BENNETT DAVID BRUDER CITY WIDE GARAGE DOOR CO 04/08 04/22/08 3223 31137 CONNEXUS ENERGY 04/08 04/22/08 3224 40400 STUART C. DOMFTZ 04/08 04/22/08 3225 60025 F.I.R.E., INC 04/08 04/22/08 3226 70450 CLIF GIESE 04/08 04/22/08 3227 120170 JEFF LARSON 04/08 04/22/08 3228 120175 LAUREN LARSON 04/08 04/22/08 3229 120331 LEAGUE OF MN CITIES INS TRUST Total 3229 04/08 04/22/08 3230 120450 CITY OF LINO LAKES 04/08 04/22/08 3231 04/08 04/22/08 3232 04/08 04/22/08 3233 04/08 04/22/08 3234 04/08 04/22/08 3235 04/08 04/22/08 3236 04/08 04/22/08 3237 04/08 04/22/08 3238 04/08 04/22/08 3239 Totals: 140408 NEXTEL COMMUNICATIONS 150140 OFFICE DEPOT, INC 150150 GLEN A OLSON 170180 QWEST 180300 RIVARD TAILORING 180500 RANDY ROLSTAD 220200 VERIZON WIRELESS 240100 XCEL ENERGY 260200 CHIEF NYLE ZIKMUND Invoice Description Inv Amount DUES POSTAGE TRAINING GARAGE DOOR MTC STATION 1 STATION 1 ELECTRIC EMT EXAMINER SERVICES TRAINING EXPENSE EMT EXAMINER SERVICES EMT EXAMINER SERVICES EMT EXAMINER SERVICES PROPERTY /LIABILITY INS 4/08 -4/09 EXCESS LIABILITY INS 4/08 -4/09 MARCH REIMBURSEMENTS CELL PHONES PAPER/INK EMT EXAMINER SERVICES COMMUNICATIONS UNIFORMS ENGINE 31 GENERATOR FUEL PUMP CELL PHONES ELECTRIC STATION 2 HONORARIUM 210.00 - M 5.77 356.54 492.05 492.86 75.00 350.00 75.00 75.00 75.00 19,229.00 3,392.00 22,621.00 20, 618.44 6.33 167.88 75.00 162.28 14.91 92.43 192.31 628.60 300.00 46, 666.40 M = Manual Check, V = Void Check • • • 1 2 MINUTES 3 4 DATE : April 7, 2008 5 TIME STARTED : 5:30 p.m. 6 TIME ENDED : 10:15 p.m,. 7 MEMBERS PRESENT : Councilmember Gallup, O'Donnell, 8 Reinert, Stoltz and Mayor Bergeson 9 MEMBERS ABSENT : None 10 11 12 Staff members present: City Administrator, Gordon Heitke; Director of Public Safety, 13 Dave Pecchia; Community Development Director, Mike Grochala; City Engineer, Jim 14 Studenski; Public Services Director, Rick DeGardner; Environmental Coordinator, Marty 15 Asleson; Administration Director, Dan Tesch; City Planner, Jeff Smyser; Utility 16 Supervisor, Tim Hillescheim; City Clerk, Julie Bartell. 17 18 ADDED ITEM — BLUE HERON DAYS UPDATE 19 20 Stephanie Smith, President of the Blue Heron Days (BHD) Committee, updated the 21 council. She introduced Alyssa Stall, Executive Director, Lynn Bergman, Royalty 22 Chairperson, and Bill Combs, Parade Coordinator. The event is planned for August 15- 23 17, 2008. A problem has arisen in that the Jaycees organization will not be able to 24 sponsor the event insurance, but the committee hopes to find another sponsor and to 25 submit the necessary forms to city hall soon. They have placed an add in the Quad Press 26 seeking volunteers and have gotten three or four interested persons. They are hoping to 27 get some help from the Lino Lakes Lions also. 28 29 1. PROPERTY VALUATIONS — LINDA WIENER, ANOKA COUNTY 30 ASSESSOR'S OFFICE — Linda Weiner, County Assessor's Office, updated the council 31 on the Board of Review meeting planned for the April 14, 2008 council meeting (prior to 32 regular meeting). She provided the council with the County Assessor's Report, Local 33 Board of Appeal and Equalization, 2008 as well as information on foreclosed properties. 34 Foreclosures are up and the amount is indicated in the report provided, however, 35 foreclosure sales are not used within sales figures. Lino Lakes had 72 foreclosures in an 36 approximate 15 month period. 37 38 To make sure valuations fall within the 95 to 105 sales ratio as required by the state, the 39 assessor uses sales figures within zones, such as a lakeshore zone. They also do a local 40 effort if they find they are below 95 %. The sales figures affecting the 2009 payable taxes 41 are already in place; the current market won't show up until the 2010 payable taxes. The 42 Assessor's Office is finding property owners more anxious to invite assessors into their 43 homes and they believe that is to ensure values are accurately reflected. Door - hangers are 44 left by visiting assessors to give people an opportunity for a visit. 45 CITY COUNCIL WORK SESSION APRIL 7, 2008 DRAFT CITY OF LINO LAKES CITY COUNCIL WORK SESSION APRIL 7, 2008 DRAFT 46 Ms. Weiner suggested that council members refer calls or inquires about the process or 47 valuations to her so she can attempt to answer questions prior to the hearing. Her phone 48 number is 763 -323 -5480. She's received about 100 calls this year, less that the previous 49 year. 50 51 2. 2008 ENVIRONMENTAL BOARD GOALS — Marry Asleson, Environmental 52 Coordinator for the City, introduced Environmental Board Chair, Mary Jo O'Dea who 53 reviewed the goals for 2008. Ms. O'Dea noted that many are on -going goals. 54 55 Mr. Asleson noted the Rice Creek Watershed District's patented Blue Thumb Program. It 56 is an environmental education program. The city is required to participate but its benefits 57 will be many fold. It is a good program that will help meet the city meet it's own 58 environmental goals as well as MPDS requirements for education. 59 60 In response to a question about coordination with the water conservation plan the city is 61 developing with the Department of Natural Resources, Mr. Asleson noted that the Blue 62 Thumb program is a part of improvement in that area water discussion and looking at 63 individual projects for water impact is always a part of the Environmental Board's work. 64 There is expertise on the Board that will be helpful in that area. The city's consulting 65 engineer did address the Board on the issue and received input and suggestions. 66 67 The Board's recognition that they should be involved in the comp plan development as 68 well as conservation development activities is important. The council will consider 69 adoption of the goals at the next regular council meeting. 70 71 3. UTILITY RATE STUDY — Al Rolek, Finance Director, introduced Patty 72 Kettles, Springsted, Inc. She is reporting back on the utility rate study after receiving 73 council comments in October 2007. There were questions raised by the council and 74 Springsted has worked to address them. Staff also asked about strategies to cut back on 75 discretionary usage, with the consideration that there are users that don't have discretion 76 (e.g. industrial use). 77 78 Ms. Kettles reviewed the written reports. The original report called for one block rate for 79 all users (residential, commercial, industrial, etc.) but that met with concern from both the 80 council and staff so it has been reworked. In response to questions, she explained that she 81 located only one city over 40,000 that does not have a water treatment facility; and there 82 were no cities found to be imposing rates on a per capital basis. 83 84 Ms. Kettles presented and reviewed tables showing proposed blocks and rates for 85 residential and non - residential domestic /processed and irrigation water consumption. 86 Further presented was an estimated revenue amount and tables summarizing projected 87 changes in consumption patterns and the net effect on revenues as well as the projected 88 impact on various customer types. 89 2 —15— • • • • CITY COUNCIL WORK SESSION APRIL 7, 2008 DRAFT 90 They think the proposed water rates encourage conservation; they recommend education 91 be a part of any changes. 92 93 The council confirmed that the last change in water rates was in 2001. Finance Director 94 Rolek noted that the average consumer would face a 4% increase, less that one percent 95 per year. They have tried to design a system that doesn't penalize non - controllable usage 96 but does certainly impact discretionary use. 97 98 When a question arose about the number of people per household and how a use per 99 person that doesn't penalize a family could be included, Ms. Kettles noted that 100 consumption is the common indicator for rates and it's directly related to the cost of use, 101 such as facilities. Director Rolek suggested that while it isn't possible to set rates on a 102 per person basis, they have attempted to look at averages and use that information to set 103 blocks and a rate structure to provide that those people who are using a higher than 104 average amount of water will pay the higher rates. The rates attempt to be fair to families 105 while still working to meet the benchmarks for water use. 106 107 Responding to a council question about how a rate change would be communicated to the 108 public, Director Rolek noted that there would be a mailing as well as a public hearing 109 held before rate changes are considered. Off course, information can be provided with 110 utility bills. 111 112 There was discussion about how many of the council's previous concerns are now 113 addressed with the rate proposal. 114 115 Public Service Director DeGardner respectfully disagreed that the proposed rates would 116 punish a large number of families. The fact is that 90 plus percent of households don't 117 reach the upper threshold. The tiered structure is really meant to address the summer 118 usage issue. The council requested that information be included in future reports. 119 120 The council was informed that the schedule for a rate change would involve the better 121 part of the summer for a public hearing and communication plan; implemention in the 122 third quarter of this year is the best case scenario. Staff would need support of the 123 council to begin the process. 124 125 The question being, does the council want staff to proceed on the proposed rate structure 126 (do more work), each council member was given an opportunity to speak. The majority 127 supported moving forward with the next step. The official report should include the 128 additional information requested by council members. A hearing and a good 129 communication plan is absolutely required with full disclosure; additional comparisons 130 showing different impacts would also be helpful. The council should see an updated 131 report and communication plan before the question is presented to the public. 132 133 MAIN STREET VILLAGE — AZURE PROPERTIES (requested by Council 134 Member Reinert and O'Donnell) - Paul Schrier and Tom Schutte, Azure Development, CITY COUNCIL WORK SESSION APRIL 7, 2008 DRAFT 135 addressed the council. Their development called Main Street Village is planned for the 136 area of 35E and Otter Lake Road (site plan shown). The issue at hand involves relocation 137 of an existing driveway to an existing bank facility. A relocation agreement is a condition 138 of their conditional use permit and final plat. The driveway was put in on their land 139 without their permission and now the rest of the land is being held hostage from a grading 140 permit based on this condition and that could lead to tenant and project trouble. The 141 response of the bank has been the developer can relocate the driveway but at no cost to 142 the bank. The developers feel it is an unfair situation since they must bargain with the 143 bank but the condition leaves them unarmed. They would prefer to deal with it as a 144 private matter. The city should let them make their case by removing the condition. The 145 allowance for a grading permit is of vital importance to the development and should be 146 their focus instead of dealing with the other problems. 147 148 The council confirmed that the driveway was allowed on the land without the agreement 149 of Azure but now they are being required to get an agreement to get it moved. 150 151 The developers confirmed that they want to be able to resolve the matter but to be able to 152 move forward with their project while that is negotiated (allow issuance of grading 153 permit). 154 155 Director Grochala announced that the developer can receive a grading only permit 156 (without a final plat approval) without having this done. They currently have a draft 157 agreement that represents a grading only allowance. 158 159 The developers argued that the agreement includes or seems to imply many requirements 160 of the final plat and they'd like to get a better understanding of the real requirements for 161 just grading. 162 163 There was discussion about the city's responsibility for the development of the bank and 164 who allowed the driveway where it is. The developer claimed that they never gave 165 permission for the driveway or easement or anything. 166 167 City Planner Jeff Smyser noted that the City received only one application for the original 168 bank development. At that time, it was the City's understanding that the property would 169 be subdivided and the bank built. The City didn't have any awareness of agreements past 170 that. It was found later that the subdivision was never recorded. 171 172 The council concurred that the matter is legal and without legal input, they wouldn't feel 173 comfortable amending past agreements or conditions. 174 175 The developer stated that their goal is to have the condition removed from the final plat 176 approval. They do understand that they can move forward with a request for a grading 177 only permit and do want to "move dirt" this season. 178 4 _17_ • • • • CITY COUNCIL WORK SESSION APRIL 7, 2008 DRAFT 179 SPRINKLER ORDINANCE — Engineer Studenski with Director DeGardner and Utility 180 Supervisor Tim Hillescheim, were present to report on a proposed water use restriction to 181 the city code. Currently the City has an odd -even restriction and is looking to institute a 182 time of day restriction. 183 184 Engineer Studenski reported that staff looked at restrictions in fifty cities around the Twin 185 Cities area. The odd -even is the only tool they found dealing with the matter of peak 186 demand. Peak demand is an issue in Lino Lakes as shown on a graph of Daily Peak 187 Demand comparing a week in March and a week in June. The amount of peak demand 188 can affect water service (pressure, storage capacity, supply, reserves) and continuing 189 increases will result in the need for additional infrastructure investment. 190 191 Based on research presented in their report, staff continues to recommend that the city 192 maintain the current odd -even sprinkling ban and create a midday water use restriction 193 between the hours of 10:00 a.m. through 6:00 p.m. 194 195 Mike DiMartino (no address given) addressed the council. His property has a well and he 196 has spoken to others in the same position. He's heard the same concerns - how can the 197 city dictate what he can and cannot do on his property. He doesn't believe the city should 198 tell him when he can and cannot use his well water. People who have wells are not 199 necessarily uninterested in conserving — he is interested in conservation. 200 201 The question of exempting wells from the provisions was discussed. Currently, the odd - 202 even regulations do not apply to well watering. The council concurred that regardless of 203 including well owners in the restrictions, the well owners should be included in the 204 information campaign about water conservation. 205 206 The council will consider second reading of the ordinance and any amendments proposed 207 thereto at the regular meeting on April 14, 2008. 208 209 Engineer Studenski reported on a rain sensor retro -fit program. Staff has been in contact 210 with representatives of MTI Distributing. They are offering a partnership that would 211 allow the city to purchase sensors at a reduced rate of $50 (from $117) with an agreement 212 to purchase at least 100 units. Staff-proposes that the units would then be available to city 213 residents. The program has been successfully implemented by the City of Woodbury. 214 They are not aware of any cities that have charged for the sensors. 215 216 The council directed staff to prepare a formal recommendation to implement a rain sensor 217 program for the City of Lino Lakes. 218 219 6. 49/J DEVELOPMENT- Community Development Director Grochala reported 220 that staff has been contacted by a developer who has a grocer interest in the land in the 221 area of Hodgson Road and County Road J. It appears that land assembly for a 222 development would be most feasible on the west side of Hodgson Road. If a 223 development were planned in that area, considerable public improvements would be CITY COUNCIL WORK SESSION APRIL 7, 2008 DRAFT 224 required including road widening, turn lanes, signalization and extension of utilities, 225 some requiring city assistance. The concept of a grocery store in the area has been 226 examined by the Economic Development Advisory Committee (EDAC) and supported as 227 a concept and as an appropriate use including for TIF financing, with the understanding 228 that neighborhood concerns must be worked through. Director Grochala added that the 229 grocery store concept is not in line with the current master plan for the area (2007) and a 230 traffic study has indicated that a grocery store may exceed the traffic capacity of the area. 231 232 Council comments included that anything that isn't conducive to the neighborhood on the 233 west side would be a hard sell; a store would have difficulty surviving financially; an 234 upscale store on the east side seems more viable; traffic issues exist in the area already; 235 there is minimal interest in even a smaller store on the west side; master plan calls for an 236 attractive area and that should be the goal. It was confirmed that housing would 237 eventually be a component of any development; residential provides an important fill-out 238 ability for the land. The council concensus was to not support a large box development 239 on the west side. 240 241 UTILITY FRANCHISE FEES — Administrator Heitke reported on the city's situation 242 relative to utility franchise agreements. Currently the city has a franchise agreement with 243 Xcel Energy (that will expire in 2008), receives a franchise fee from Centennial Utilities 244 for natural gas services, has an agreement with CenterPoint Energy that allows for a fee 245 but does not have one instituted, and has no agreement with provider Connexus Energy. 246 He noted a table in his report that outlines actions that would be needed to establish and 247 collect a franchise fee for all electrical and natural gas utilities in Lino Lakes. Would the 248 council like staff to include a franchise fee element as the Xcel Energy agreement is 249 renegotiated and what direction is given relative to the other utility agreements. 250 251 The council will review agreement changes or institution of agreements as they are 252 brought forward. 253 254 2008 WAGE ADJUSTMENTS — Administration Director Dan Tesch presented 255 information regarding contract negotiations with the AFSCME union (representing 256 clerical and technical employees) and Local 49 (representing street, utility and park 257 employees). The tentative agreements both include a two -year term, annual adjustments 258 of 3% for 2008 and 2009, health insurance provisions and some other specific changes. 259 He also presented a proposal relative to non -union salaries acknowledging that an annual 260 audit of some personnel items is underway and requesting a 3% one year adjustment. 261 262 There was a council comment that it is appropriate to consider just the annual adjustment 263 on the non -union personnel item but there should be a commitment to follow through on 264 other elements affecting those employees as the personnel study comes through. 265 266 A council member requested information indicating the actual dollar salary amounts 267 being discussed. 268 6 -19- • • • • CITY COUNCIL WORK SESSION APRIL 7, 2008 DRAFT 269 COUNCIL PRIORITY GOALS, ACTION PLAN 2008 -2009 — Administrator Heitke 270 noted that the goals and objectives document before the council is based on discussion at 271 the recent council retreat. Administrator Heitke and the department directors reviewed 272 each goal and objective along with the action plans. 273 274 Police Chief Pecchia has received national recognition for the county wide Anoka DWI 275 Task Force. It is an award for traffic safety partnership for traffic enforcement and 276 leadership in DWI enforcement activities. Also Officer Trena Petersen will receive an 277 2008 Mellisa Schmidt Community Service Award and recognition (statewide) for her 278 work in assisting junior high school students. 279 280 The council confirmed that they will review the goals and objectives on a quarterly basis 281 this year. 282 283 REVTFW REGULAR AGENDA ITEMS - 284 285 Item 3G- Millers on Main request for Variance from State Fire Code — Administrator 286 Heitke explained that Mr. Wagner has submitted the same request as last year relative to 287 the size of a tent he would like to use for a special event on his property. Upon checking 288 with the State Fire Marshal's Office to schedule a hearing, the city was informed that the 289 2007 variance was granted for that year only and they would not be considering future 290 requests. The council needs to make a recommendation; it is a public safety 291 consideration. 292 293 Chad Wagner, owner of Miller's on Main, noted that he doesn't recall the letter that the 294 Fire Marshal sent — he was told that there wouldn't be an issue with future variance 295 requests. He is very surprised to learn that there is a problem now. Plans have already 296 been made that have required financial commitment on his part; it would be impossible to 297 move the event at this point in the process. 298 299 It was noted by a council member that historically there hasn't been any issues with the 300 event and it's been occurring for quite a few years. 301 302 Police Chief Pecchia asked for direction 011 whether or not the sound monitoring 303 equipment should be ordered. The council directed staff to prepare for noise monitoring. 304 305 The council agenda for Monday, April 14 was reviewed. 306 307 The meeting was adjourned at 10:15 p.m. 308 309 These minutes were considered, corrected and approved at the regular Council meeting held on 310 April 28, 2008. 311 312 313 Julianne Bartell, City Clerk John Bergeson, Mayor • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 SPECIAL COUNCIL SESSION April 7, 2008 DRAFT DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES SPECIAL COUNCIL SESSION : April 7, 2008 : 10:38p.m. : 10:58 p.m. : Council Members Reinert, Gallup, O'Donnell, Stoltz and Mayor Bergeson : none There was no staff present for the meeting. Mayor Bergeson called the meeting to order at 10:38 p.m. in the Community Room at Lino Lakes City Hall. The Council met to conclude business from the March 10 -11, 2008 City Leadership Workshop The information that was discussed by the council is attached to these minutes as Exhibit A and is on file in the Administration Department at City Hall. The meeting was not recorded. The meeting was adjourned at 10:35 p.m. These minutes were considered, corrected and approved at the regular Council meeting held on April 28, 2008. City Clerk, Julianne Bartell John Bergeson, Mayor • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 CLOSED COUNCIL MEETING DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT DRAFT CITY OF LINO LAKES MINUTES CLOSED COUNCIL SESSION April 7, 2008 : April 7, 2008 : 10:15 p.m. : 10:35 p.m. : Council Members Reinert, Gallup, O'Donnell, Stoltz and Mayor Bergeson : none Staff present: City Administrator, Gordon Heitke; Director of Public Safety, Dave Pecchia; City Clerk, Julie Bartell Mayor Bergeson called the meeting to order at 10:15 p.m. in the Community Room at Lino Lakes City Hall. Council Stoltz moved that the council move to a closed session. Council Member O'Donnell seconded the motion. Motion carried.. Police Chief Pecchia reported on a personnel matter in the Police Department. The meeting was recorded and the recording is on file in the Office of the City Clerk. Council Member O'Donnell moved that the meeting be reopened. Council Member Gallup seconded the motion. Motion carried. Council Member Stoltz moved that the council support the recommendation of the Police Chief. Council Member Gallup seconded the motion. Motion carried. The meeting was adjourned at 10:35 p.m. These minutes were considered, corrected and approved at the regular Council meeting held on April 28, 2008. City Clerk, Julianne Bartell John Bergeson, Mayor • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 BOARD OF REVIEW MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT APRIL 14, 2008 DRAFT CITY OF LINO LAKES MINUTES BOARD OF REVIEW : April 14, 2008 . 6:07 p.m. . 6:33 p.m. : Councilmember O'Donnell, Reinert, Stoltz, Gallup and Mayor Bergeson : None Staff members present: City Administrator, Gordon Heitke; and City Clerk, Julie Bartell Mayor Bergeson explained that the Local Board of Appeal and Equalization of the City of Lino Lakes meets for the purpose of reviewing and correcting the assessment of the city for the year 2008, payable in 2009. All persons considering themselves aggrieved by said assessment or who wish to complain that the property of another is assessed too low were given the opportunity to address the Board. The Mayor reminded those present that only appeals for the current year valuation or classification could be made. Discussion of the Board is limited to valuations only, not taxes. Linda Weiner, Anoka County Assessor's Office, presented the Board with the Anoka County, 2008 Board of Appeal and Equalization, County Assessor's Report document and presented a brief overview of the property tax process and a recap of current assessments. A correspondence from Patty Fogerty, Sentry Real Estate, Inc., regarding properties 17- 31- 22 -22- 0042 and 17- 31 -22 -22 -0043, was announced thereby reserving the right to appeal to Anoka County. Assessor Weiner noted that Dale Ramsden (property identification numbers 17- 31 -22 -21 -0006, 17- 31 -22 -21 -0007, 17- 31 -22 -21 -0009, 17- 31 -22 -22 -0023 and 17- 31 -22 -22 -0036) had communicated with her and has scheduled an appeal to the county board. The following individuals addressed the Board: Theresa Koslowski, Property ID #25 31 22 43 0043, explained that she bought a house in October of 2007 and now that house is being assessed at $404,800 more than she paid ($379,000). She did research on sales in the area and found that similar homes sold for $300,000 to $370,000. Ms. Weiner responded that she visited the home and has reduced the assessment for taxes payable (2009) to $401,600. She explained that sales figures aren't immediately taken into account but the sale price should affect the payable 2010 taxes. Richard McNamara, 17- 31 -22 -21 -0019 and 17- 31 -22 -21 -0017, owner of industrial properties on Apollo Drive. He built the Lino Lakes Business Center (4 buildings) for $30 per square foot, $2,511,000 total funds in 2003. The county tax valuation is now $4,586,500, about $54 per square foot. These are primarily warehouse properties and one -third of his income is going to the taxes. The BOARD OF REVIEW MINUTES APRIL 14, 2008 DRAFT 1 building that was just sold was superior in quality, costing at least 35% more to construct than the 410 2 others. He requests that the Board ask the county to work with him so the valuation is more accurate. 3 4 A county assessor staff member explained that he visited the properties last year. There is a vacancy 5 situation in industrial properties that is quite widespread. He has offered a reduction on the vacant 6 lot involved as well as the light industrial property. This matter will obviously go to the county board 7 of appeals. 8 9 Tim Anderson, 08- 31 -22 -34 -0004. Ms. Weiner noted that she has not been able to meet with Mr. 10 Anderson to this point although he received a card to call her. She will set up a time to review the 11 property. Mr. Anderson concurred; he is concerned with the recent rise in the valuation of his 12 property. 13 14 Milton Despen , 31- 31 -22 -33 -0005, 6055 Baldwin Lake Drive,. Ms. Weiner explained that she has 15 been to the property. She has offered a reduction to the valuation for the home but the land value is 16 what is driving up the valuation. 17 18 Council Member O'Donnell moved that the meeting be adjourned at 6:33 p.m. Council Member 19 Stoltz seconded the motion. Motion carried. 20 21 ADJOURN 22 I/23 There being no further business, Council Member Reinert moved to adjourn at 7:05 p.m. Council 24 Member O'Donnell seconded the motion. Motion carried unanimously. 25 26 These minutes were considered and approved at the regular Council Meeting, April 24, 2008. 27 28 29 30 31 Julianne Bartell, City Clerk John Bergeson, Mayor 32 2 -24- DRAFT 1111 1 CITY OF LINO LAKES 2 MINUTES 3 REGULAR COUNCIL MEETING 4 5 DATE: : April 14, 2008 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:30 p.m. 8 MEMBERS PRESENT : Council Member Gallup, Reinert, O'Donnell, 9 Stoltz, and Mayor Bergeson 10 MEMBERS ABSENT : none 11 12 STAFF MEMBER PRESENT: City Administrator, Gordon Heitke; Director of 13 Administration, Dan Tesch; City Attorney, Scott Baumgartner; Community Development 14 Director, Michael Grochala; City Engineer, Jim Studenski; City Planner, Jeff Smyser; City 15 Clerk, Julie Bartell 16 PUBLIC COMMENT 17 There was no one present for public comment. 18 SETTING '1 HE AGENDA 19 The agenda was approved as presented. •20 21 PRESENTATION OF PLAQUES - Outgoing Park Board members Paul Montain and Katie 22 Boyle were recognized for their service to the city and the board. Mr. Montain was present to 23 accept his plaque. 24 CONSENT AGENDA 25 Council Member Reinert moved to approve the Consent Agenda. Council Member O'Donnell 26 seconded the motion. Motion carried on a voice vote. 27 28 ITEM ACTION 29 30 Consideration of Expenditures: 31 32 April 14, 2008 (Check No. 82579 through 82711), $441,503.52 Approved 33 34 Centennial Fire District (Check No. 3199 through 3219), $9,174.94 Approved 35 36 FINANCE DEPARTMENT REPORT, AL ROLEK 37 There was no report from the Finance Department. 38 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 39 3A) Consider Resolution No. 08-40, Adopting 2008 -2009 Council Goals and Action Plan — 40 Administrator Heitke noted that the Council had met at retreat for two days recently and discussed COUNCIL MINUTES March 24, 2008 DRAFT 41 and formulated the goals and objectives before the council. The goals /objectives were briefly 42 reviewed. 43 44 Council Member Stoltz moved to approve Resolution No. 08 -40 as presented. Council Member 45 Gallup seconded the motion. Motion carried on a voice vote. 46 47 3B) Consider Resolution No. 08-41, Adopting Council Code of Conduct — Administrator Heitke 48 noted that the council's current code of conduct was adopted in 2006 and calls for adoption of the 49 code after each election. The council hasn't called for any changes; the code is presented for 50 council consideration. 51 52 Council Member Gallup moved to approve Resolution No. 08 -41 as presented. Council Member 53 O'Donnell seconded the motion. Motion carried on a voice vote. 54 55 3C) Consider 2008 -2009 Contract with Local 49- Administration Director Tesch reported on 56 recent negotiations with the Local 49 union. He is recommending approval of a two -year labor 57 agreement. The details of the proposed agreement are included in the staff letter and were 58 reviewed for the council. 59 60 Council Member O'Donnell moved to approve the 2008 -2009 Contract with Local 49 as 61 presented. Council Member Reinert seconded the motion. Motion carried on a voice vote. 62 63 3D) Consider 2008 -2009 Contract with AFSCME - Administration Director Tesch reported on 64 recent negotiations with city employees AFSCME union. He is recommending approval of a 65 two -year agreement. The details of the proposed agreement are included in the staff letter and 66 were reviewed for the council. 67 68 Council Member Stoltz moved to approve the 2008 -2009 Contract with AFSCME as presented. 69 Council Member Gallup seconded the motion. Motion carried on a voice vote. 70 71 3E) Consider 2008 Non -Union Salaries - Administration Director Tesch explained that non- 72 union employee salaries are annually reviewed for consideration of both an annual adjustment 73 and marketability. Since the city is currently involved in an audit of some personnel system, 74 staff is not presenting a recommendation on market increases; the pay program can be reviewed 75 when the audit is completed. 76 77 Council comments included concem that some salaries within this group have increased 78 drastically. There was a response that the city has utilized a salary plan in recent years that 79 attempts to keep the city's salaries in line with the region. 80 81 Council Member Gallup moved to approve the 2008 Non -Union Salaries as presented. Council 82 Member O'Donnell seconded the motion. Motion carried on a voice vote; Council Member 83 Reinert voted nay. 84 85 3F) Personnel Policy Language Clarification 86 • • • • 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 • 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 • 128 129 COUNCIL MINUTES March 24, 2008 DRAFT Council Member Stoltz moved to approve the Personnel Policy Language Clarification as presented. Council Member Gallup seconded the motion. Motion carried on a voice vote. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA There was no report from the Public Safety Department. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER A) Consider 2°' Reading of Ordinance No. 06-08, Amending the Lino Lakes City Code, Chapter 400, Water and Sewer, by amending subdivisions 1-4 under section 401.02, Use of Water Restrictions to Authorized Persons — Engineer Studenski noted that a revised ordinance has been forwarded to the council. The ordinance as originally and currently proposed would restrict the time of day for lawn sprinkling between 10 a.m. and 6 p.m., since up to 60% of water used for sprinkling during those hours is wasted through evaporation, etc. Under exceptions in the ordinance, private owners using a private well have been exempted from both time of day and odd/even restrictions. Council Member Gallup moved to dispense with full reading of the ordinance Council Member Stoltz seconded the motion. Motion carried on a voice vote. It was noted that there has been much discussion at the council about water restrictions so residents should know that the matter has not been taken lightly. The restrictions are part of the larger plan to meet residents' water needs as well as conservation mandates as well as plan for future infrastructure. There was discussion among the council about overburdening residents with too many restrictions. Upon review, it is recognizable that certain restrictions (the time of day restrictions proposed by this ordinance) are the ones that will save the most. It is hoped that there can be continuing discussion about the odd -even restriction. Also there is interest in hearing if water can be drawn from other than the aquifer. Council Member Gallup moved to approve the 2nd reading of Ordinance No. 06 -08 as presented. Council Member Stoltz seconded the motion. A roll call vote was taken. Motion carried as follows: Yeas, 5; Nays, 0. B) Consider 2" Reading of Ordinance No. 07 -08, Amending the Lino Lakes City Code, Chapter 400 Water and Sewer, by adding Section 401.37 Lawn Sprinkler / Irrigation Systems - Engineer Studenski explained that the ordinance before the committee will require the inclusion of rain sensors with all new automatic irrigation systems as called for in the city's adopted Water Emergency and Conservation Plan. By implementing this rain sensor installation, the city will be able to save many gallons of water by not having irrigation systems running when not needed and should reduce demand. Staff will follow up to provide a system permit and fee structure. Council Member O'Donnell moved to dispense with full rearing of the ordinance Council Member Stoltz seconded the motion. Motion carried on a voice vote. Council Member O'Donnell moved to approve the 2nd reading of Ordinance No. 07 -08 as presented. Council Member Gallup seconded the motion. A roll call vote was taken. Motion COUNCIL MINUTES March 24, 2008 DRAFT 130 carried as follows: Yeas, 5; Nays, 0. 131 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 132 A) Consider Resolution No. 08 -31, Approving 2008 Environmental Board Goals — Marty 133 Asleson, Environmental Coordinator, and Mary Jo O'Dea, Chair of the Environmental Board, were 134 present. Ms. O'Dea presented the goals of the Board, noting that many are ongoing. 135 136 Mr. Asleson and Ms. O'Dea also noted that the Environmental Board will be represented with a 137 booth at upcoming Earth Day (this Saturday at Wargo Nature Center). 138 139 Council Member Reinert moved to approve Resolution No. 08 -31 as presented. Council Member 140 Stoltz seconded the motion. Motion carried on a voice vote. 141 142 B) Consider Resolution No. 08-39, Approving the 2007/2008 Management Plan for 143 Conservation Areas in Foxborough and the Disbursement of Foxborough Conservation 144 Management Stewardship Funds for Work Completed in 2007 — Environmental Coordinator 145 Asleson explained that the Foxborough Development is an established conservation development 146 area that includes establishment of a stewardship fund that provides for management of the 147 conservation easement areas within the development. There is a fund includes that was originally 148 endowed with $100,000 by the developer and that receives yearly funding from residents of the 149 development. Staff is presenting the annual work plan as well as funding recommendations. 150 151 Council Member Reinert moved to approve Resolution No. 08 -39 as presented. Council 152 Member O'Donnell seconded the motion. Motion carried on a voice vote. 153 154 C) Sign Ordinance Amendment - Consider 2°d Reading of Ordinance No. 04-08, Amending 155 the Sign Ordinance — Planner Smyser presented the Sign Ordinance, with proposed amendments, 156 for second reading and passage. 157 158 Council Member Stoltz moved to dispense with full reading of the ordinance. Council Member 159 Gallup seconded the motion. Motion carried on a voice vote. 160 161 Council Member O'Donnell moved to approve the 2nd reading of Ordinance No. 04-08 as 162 presented. Council Member Reinert seconded the motion. A roll call vote was taken. Motion 163 carried as follows: Yeas, 5; Nays, none. 164 165 Consider Resolution No. 08-38, Approving Summary of Ordinance No. 04 -08 for 166 Publication — Planner Smyser requested that the council authorize that the Sign Ordinance 167 amendment be summarized for publication. 168 169 Council Member Reinert moved to approve Resolution No. 08 -38 as presented. Council 170 Member Gallup seconded the motion. Motion carried on a voice vote. 171 UNFINISHED BUSINESS 172 There was no unfinished business. • • • COUNCIL MINUTES March 24, 2008 DRAFT 111173 NEW BUSINESS 174 March 28, 2008 Council Work Session Minutes 175 176 Council Member O'Donnell moved to approve the minutes of the March 28, 2008 Council Work 177 Session Minutes as presented. Council Member Gallup seconded the motion. Motion carried. 178 Council Member Stoltz abstained. 179 180 March 28, 2008 City Council Meeting Minutes Council Member Stoltz absent 181 182 Council Member O'Donnell moved to approve the minutes of the March 28, 2008 City Council 183 Meeting Minutes as presented. Council Member Gallup seconded the motion. Motion carried. 184 Council Member Stoltz abstained. 185 ADJOURNMENT 186 There being no further business, Council Member Stoltz moved to adjourn at 7:30 p.m. Council 187 Member O'Donnell seconded the motion. Motion carried. 188 189 190 191 192 193 194 195 These minutes were considered and approved at the regular City Council Meeting on April 28, 196 2008. 197 198 199 200 201 Julianne Bartell, City Clerk John Bergeson, Mayor Community Calendar— A Look Ahead April 15, 2008 through April 28, 2008 it Monday, April 28 5:30 pm, Council Workroom Council Work Session Al Monday, April 28 6:30 pm, Council Chambers Council Meeting • • AGENDA ITEM IG STAFF ORIGINATOR: Michael Grochala CITY COUNCIL MEETING DATE: April 28, 2008 TOPIC: Resolution No. 08 -24, Approving Change Order No.12, Lake Drive /35W Improvement Project VOTE REQUIRED: 3/5 Vote Required BACKGROUND: On May 14, 2007 the City Council awarded the Lake Drive /I -35W Improvement Project to Lunda Construction Company in the amount of $7,531,701.71. On February 25, 2008 the City Council approved Change Order No. 10 deducting $360.00 for concrete materials that failed to meet gradation requirements. Upon further review Mn /DOT's concrete office has determined that the specified concrete is in substantial compliance with the contract provisions. Change Order No. 12 supersedes Change Order No. 10 making it null and void. RECOMMENDATION: Staff is recommending approval of Resolution No. 08 -37. ATTACHMENTS 1. Resolution No. 08 -37 2. Change Order No. 12 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -37 RESOLUTION APPROVING CHANGE ORDER NO. 12 LAKE DRIVE /135W IMPROVEMENT PROJECT WHEREAS, pursuant to the resolution of the City Council adopted May 14, 2007, the City awarded the construction contract for the Lake Drive /I -35W Improvement Project to Lunda Construction Company, and WHEREAS, the aggregate test reports and material disposition forms compiled by Mn /DOT indicate that on August 20, 2007 the coarse aggregate for ready -mix concrete failed to meet the gradation requirements for Mn /DOT Specification 3137 CA -50, and WHEREAS, on February 25, 2008 the City Council approved Change Order No. 10 deducting $360.00 from the contract price in accordance with the contract provisions, and WHEREAS, upon further review, Mn /DOT's concrete office has determined that the specified ready -mix concrete should be accepted as in substantial compliance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Change Order No.12, superseding Change Order No. 10 making it null and void, is hereby approved. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of April, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Council Member introduced the following resolution and moved its adoption: • • Mn/DOT TP- 2460 -0112 -92) • • SHEET 1 OF 1 SHEETS State of Minnesota - Depaitmuent of Transportation CHANGE ORDER # 12 State Project No.: 0280 -55 Contract No. Z07502 Contractor: Lunda Construction Co. Address: 15601 Clayton Avenue S. Rosemount, MN 55068 Location: In Lino Lakes on CSAH 23 (Lake Dr.) From 1000 ft. south of Town Center Parkway to Apollo Dr. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions. This Change Order No. 12 will supersede Change Order No. 10 making it null and void. The aggregate test reports and material disposition forms compiled by IN/IniDOT indicate that on 8 -20 -07 the coarse aggregate for ready -mix concrete supplied by Cemstone Plant #7 & #17 Blaine failed to meet the gradation requirements for Mn/DOT Specification 3137 CA -50. This concrete was used for Bridge No. 02817 Abutment. After further review upon recommendation of the Concrete Office, the concrete containing the deficient material above is waived per Mn/DOT Concrete Engineer Douglas J. Schwartz's memo dated January 16, 2008 states shall be accepted as substantial compliance. CHANGE IN CONTRACT. TIME Due to this change the Contract Time: a. Is increased ( ) by Working Days Is decreased ( ) by Working Days Is increased () by Calendar Days Is decreased () by Calendar Days b. Is not changed (X ) c. lviay be revised if the work affected the controlling operation ( ) Issued By � �— 1 ' 3--fl Project/Residenj ounty Engineer Date Approved By: City of Lino Lakes Approved By: Anoka County Date Ddte Accepted By: D. --- L - �� `� _1 _p E3 Contractor's Authorized Representative Date Original to Project Engineer, copies to Contractor, City of Lino Lakes, Anoka County • AGENDA ITEM 114 STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: April 28, 2008 TOPIC: First Reading of Ordinance No. 08 -08, Amendment to 2008 City Fee Schedule VOTE REQUIRED: 3/5 BACKGROUND In order to provide for a more efficient and timely method of reviewing and adjusting the various fees charged by the City, fees are consolidated into one schedule known as the City Fee Schedule.. This fee schedule is adopted annually but occasionally, as is the case this year, the city institutes a new process or permit system that includes a fee. In order to institute any changes or new fees, the city should amend its fee schedule to reflect accordingly. It is also advisable to keep the fee schedule accurate by updating fees as necessary. The following changes to the 2008 City Fee Schedule are presented in the attached ordinance: Lawn Sprinkling: On April 14, 2008, the Council approved Ordinance No. 06 -48, amending the city's lawn watering restrictions to include a daily ban between the hours of 10:00 a.m. and 6:00 p.m. The ordinance includes an exemption for irrigating or watering of new landscaping (sod or seed) through issuance of a 28 day permit. Authorization for such a permit is now included in the Fee Schedule; a permit is issued at no cost. Lawn Sprinkler /irrigation System Permit: On April 14, 2008, the Council approved Ordinance No. 07 -08, adding Section 401.37 to the City Code. The new section regulates lawn sprinkler /irrigation systems and requires a permit for such systems. Staff has established a system to issue Lawn Sprinkling/Irrigation System permits and recommends establishment of a permit fee of $50. The regulations include a requirement for rain sensors on all systems. Gambling Tax: As allowed by Minnesota Statutes, Section 349.213, the City of Lino Lakes imposes a 3% tax of gross receipts (less prizes paid out) upon licensed charitable gambling organizations in the city. Currently, the Fee Schedule reflects a tax of one tenth of one percent of net profit; this fee is out of date and language presented in the ordinance will reflect the city's current practice and authority. - City Map: The City has available for purchase city maps. Staff is recommending that the charge for these maps be raised from $2.00 to $2.50 based on the actual cost to the city of purchasing the maps from Anoka County. RECOMMENDATION Staff recommends approval of First Reading of Ordinance No. 08 -08, amending the 2008 City Fee Schedule. • • • 1st Reading: 4/28/2008 2 "d Reading: Publication: Effective: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 08-08 AMENDING ORDINANCE NO. 16-07 (THE 2008 FEE SCHEDULE) The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1. That the 2008 Fee Schedule (Ordinance No. 16 -07) be amended as follows: BUILDING — CONSTRUCTION ACTIVITIES 33. Lawn Sprinkler /Irrigation System Permit $50.00 34. Irrigating or Watering of New Landscaping Permit No charge (sod or seed) AMUSEMENT & COMMERCIAL RECREATION State Licensed Gambling Regulation Tax 3% of gross receipts less prizes paid out BUSINESS AND MISCELLANEOUS City Map $22.00 $2.50 Section 2. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. John Bergeson, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2008. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. • • • • AGENDA ITEM 3A STAFF ORIGINATOR: Administrator Gordon Heitke MEETING DATE: April 28, 2008 TOPIC: Request for Variance from State Fire Code VOTE REQUIRED: 3/5 BACKGROUND Mr. Chad Wagner, owner of Miller's on Main at 8001 Lake Drive, has submitted plans to hold a music /dance event at his business on August 15 -16, 2008, the same weekend that the Blue Heron Days festival may be held (no applications for that event have been received as yet). As part of the application process, Mr. Wagner has applied for a variance from the state fire code related to the placement of a temporary tent structure for the purpose of occupancy for a concert/dance, in conjunction with his special event permit application. Minnesota Laws, Chapter 299F.011, Subd. 5 establishes a procedure for the State Fire Marshal or local governing bodies to grant variances from the state minimum requirements in cases where "there is substantial compliance with the provisions of the code, the safety of the public and occupants of such building will not be jeopardized, and undue hardship will result to the applicant unless such variance is granted ". The law further states that "governing bodies are not liable for damages in connection with granting variances, abatements, denials, or modifications of orders from the fire code that are made in good faith ". In this case, Mr. Wagner is requesting to vary from the 20 foot minimum setback requirement from the north property line. The reasons for the variance request are set forth in the applicant's letter and shown on the applicant's site plan (both attached). Historically, Mr. Wagner applied for the same variance in conjunction with his 2007 event and the variance was granted by the State Fire Marshal. However that same office is informing the city at this time that when the 2007 variance was granted, "....it was for that year's event only..." and they are advising city staff that there is no need to submit a request for the same variance since they've already reviewed the matter and offered their opinion in 2007. Their position is now that the City Council is to be the final decision authority on the variance application. (The attached correspondence from the State Fire Marshal to Mr. Wagner was unknown to city staff until recently.) Mr. Wagner has been informed that the decision on his request for a variance from the Fire Code will rest with the City Council this year. To prepare for Council consideration, staff has: received a verbal request from Mr. Wagner that the Council hear his appeal (Mr. Wagner's written request to the State Fire Marshal is attached); sought a recommendation from the Fire Chief (Fire Chief Bennett's response to Mr. Wagner' s variance request is attached); sought advice from the League of Minnesota Cities clarifying definitions of the statutory criteria for the issuance of a fire code variance to ensure that the Council preserves the liability protection provided in the statute (i.e. "undue hardship" and "decisions made in good faith "). (The Risk Management Attorney for the LMCIT will be providing the requested clarification on Monday.) REQUEST TO THE COUNCIL Mr. Chad Wagner, owner of Millers' on Main, is requesting that the Council grant a variance from the 20 foot minimum setback requirement from the north property line for a tent structure for his summer tent event on Friday and Saturday, August 15 — 16, 2008. OPTIONS FOR COUNCIL ACTION The Council may: 1. approve the variance 2. deny the variance, or 3. modify the variance If the council grants the requested variance, staff will initiate the process of reviewing Mr. Wagner's request for a special event permit and cabaret permit in conjunction with the same event. ATTACHMENTS 1. State Fire Marshall Letter granting appeal in 2007 2. State Fire Code Appeal Policy (Minnesota Statutes, 299F.011, Subd. 5) 3. Letter of Applicant requesting variance 4. Site Plan for Proposed Structure 5. Centennial Fire Chief's recommendation 1 • • • MINNESOTA OTA DEPARTMENT OF PUBLIC SAFETY Alcohol and Gambling Enforcement' ARMER1911. Program Bureau of Criminal Apprehension Driver and Vehicle Service9 Homeland Security and Emergency Management Minnesota State Patrol Office of communications Office of Justice Programs. Office of Traffic Safety State Fire Marshal and Pipeline. Safety UIwNESOTA R91,4.21V nuwNr..srrrA State Fire Marshal and P. ipeline Safety 444 Cedar Street • Suite 145 • Saint Paul, Minnesota 55101 - 5145 Phone: $51.201.7200 • Fax: 651.215.0525 • TTY: 65.1.282.6555 www.dps.state.mn.us June 26; 2007 Mr. Chad Wagner Millers an Main 8001 Lake Drive Lino Lakes, MN 55014 RE: Millers on Main —.Lino Lakes, MN 55014 FMCAP File: °07.004 -V Dear Mr. Wagner, The':State.Fire Marshal Code Advisory Panel (FMCAP) considered your request for a variance. After reviewing your request, and after considering the recommendations of the FMCAP, 1 have reached the following decision: Decision: Your request fora variance for tent location from property lines is granted. Rationale:: 1. The other fire code provisions were satisfied. 2. The event is of limited duration (48 hours or less). 3 . The adjoining property is undeveloped and the adjoining property owner is comfortable with the arrangement. NOTE: This variance is for this year's Blue Heron Days event only; future events will need to address the, distance separation issue. Thank you in advance for your time and consideration. If you have any questions or need additional information, please feel free to contact Supervisor Jon Nisja at (651) 201 -7204. Sin rely, Jerry R endahl State Fire Marshal cc: ',Milo Bennett, Fire Chief Jon Nisja, Deputy State Fire Marshal EQUAL OPPORTUNITY EMPLOYER 299F.011, Minnesota Statute Page 1 of 2007 Minnesota Statutes 299F.011 STATE FIRE CODE; ADOPTION. Subdivision 1. State Fire Code rulemaking authority. The commissioner of labor and industry, consistent with the recommendations of the state fire marshal, shall adopt a State Fire Code and make amendments thereto in accordance with the Administrative Procedure Act in chapter 14. The code and its amendments shall conform insofar as practicable to model fire codes generally accepted and in use throughout the United States, with consideration given to existing statewide specialty codes presently in use in the state of Minnesota. Statewide specialty codes and model codes with necessary modifications may be adopted by reference in accordance with section 14.07, subdivision 4. Subd. 2. [Repealed, 1981 c 106 s 16] Subd. 3. Rules for code administration and enforcement. The commissioner shall adopt rules as may be necessary to administer and enforce the code, specifically including but not limited to rules for inspection of buildings and other structures covered by the code and conforming the code to the governmental organization of Minnesota state agencies, political subdivisions and local governments. Subd. 4. Applicability; local authority. The State Fire Code shall be applicable throughout the state and in all political subdivisions and municipalities therein. However, nothing in this subdivision shall prohibit a local unit of government otherwise authorized by law from adopting or enforcing any ordinance or regulation which specifies requirements equal to, in addition to, or more stringent than the requirements of the State Fire Code. Any ordinance or regulation adopted by a local unit which differs from the State Fire Code must be directly related to the safeguarding of life and property from the hazards of fire, must be uniform for each class or kind of building covered, and may not exceed the applicable requirements of the State Building Code adopted pursuant to sections 16B.59 to 16B.73. Subd. 4a. Day care home regulation. (a) Notwithstanding any contrary provision of this section, the fire marshal shall not adopt or enforce a rule: (1) establishing staff ratios, age distribution requirements, and limitations on the number of children in care; (2) regulating the means of egress from family or group family day care homes in addition to the egress rules that apply to the home as a single family dwelling; or (3) confining family or group family day care home activities to the floor of exit discharge. (b) For purposes of this subdivision, "family or group family day care home" means a dwelling unit in which the day care provider provides the services referred to in section 245A.02, subdivision 10 , to one or more persons. (c) Nothing in this subdivision prohibits the Department of Human Services from adopting or enforcing rules regulating day care, including the subjects in paragraph (a), clauses (1) and (3). The depai lment may not, however, adopt or enforce a rule stricter than paragraph (a), clause (2). (d) The Department of Human Services may by rule adopt procedures for requesting the state fire marshal or a local fire marshal to conduct an inspection of day care homes to ensure compliance with state or local fire codes. (e) The commissioners of public safety and human services may enter into an agreement for the commissioner of human services to perform follow -up inspections of programs, subject to licensure under chapter 245A, to determine whether certain violations cited by the state fire marshal have been corrected. The agreement shall identify specific items the commissioner of human services is permitted to inspect. The list of items is not subject to rulemaking and may be changed by mutual agreement between the state fire marshal and the commissioner. The agreement shall provide for training of individuals who will conduct follow -up inspections. The agreement shall contain procedures for the commissioner of human services to follow when the commissioner • https : / /www.revisor.leg.state.mn.us /statutes / ?id= 299F.011 4/2/2008 299F.011, Minnesota Statute Page 2 of 2 requires assistance from the state fire marshal to carry out the duties of the agreement. (f) No tort liability is transferred to the commissioner of human services as a result of the commissioner of human services performing activities within the limits of the agreement. Subd. 4b. Stairway. The State Fire Code shall not require stairways of existing multiple dwelling buildings of two stories or less to be enclosed. For the purposes of this subdivision the term "stories" has the meaning given it in the State Building Code. Subd. 4c.[Repealed, 2005 c 136 art 9 s 15] Subd. 5. Appeal policy; variance. Upon application, the state fire marshal may grant variances from the minimum requirements specified in the code if there is substantial compliance with the provisions of the code, the safety of the public and occupants of such building will not be jeopardized, and undue hardship will result to the applicant unless such variance is granted. No appeal to the state fire marshal for a variance from orders issued by a local fire official from the State Fire Code shall be accepted until the applicant has first made application to the local governing body and the local unit has acted on the application. The state fire marshal shall consider any decisions or recommendations of the local governing body. Any person aggrieved by a decision made by the fire marshal under this subdivision may proceed before the fire marshal as with a contested case in accordance with the Administrative Procedure Act. Subd. 5a. Local board of appeal. Local governing bodies may appoint boards of appeal to hear and rule on appeals from orders issued under the fire code. An appeal from a local board of appeal may be made to the local governing body. If a board of appeal is not appointed, the appeals of orders must be made directly to the governing body. Local boards of appeal and governing bodies are not liable for damages in connection with granting variances, abatements, denials, or modifications of orders from the fire code that are made in good faith. Subd. 5b. Variance considerations. When considering appeals for variances from the fire code, the local appeal board or governing body, the state fire marshal, a state administrative law judge, and a court shall take into consideration the benefit to be obtained by complying with the fire marshal's orders and the effect on affordable housing, provided that the spirit of the code is complied with and public safety secured. Subd. 6. Misdemeanor. A person who violates a provision of the State Fire Code shall be guilty of a misdemeanor. No person shall be convicted for violating the State Fire Code unless the person shall have been given notice of the violation in writing and reasonable time to comply. The notice must contain a statement explaining the right to appeal the orders. Subd. 7. Fees. The state fire marshal shall charge a fee of $100 for each plan review involving: (1) flammable liquids; (2) motor vehicle fuel- dispensing stations; or (3) liquefied petroleum gases. History: 1974 c 550 s 1; 1978 c 777 s 1; 1981 c 106 s 1; 1982 c 424 s 114,130; 1984 c 544 s 89; 1984 c 654 art 5 s 58; 1984 c 658 s 3; 1985 c 248 s 70; 1986 c 444; 1 Sp1986 c 3 art 4 s 10; 1987 c 201 s 1 -3; 1987 c 333 s 22; 1990 c 388 s 1; 1991 c 149 s 3; 1991 c 235 art 3 s 2; 1992 c 513 art 9 s 33; 1992 c 597 s 16; 1993 c 327 s 16; 2002 c 220 art 7 s 13; 2005 c 136 art 9 s 4,14; 2006 c 260 art 3 s 19; 2007 c 140 art 2 s 1 https : / /www.revisor.leg.state.mn.us /statutes / ?id= 299F.011 4/2/2008 February 27, 2008 Dear City of Lino Lakes Council Members: I am writing on behalf of Miller's on Main and the Blue Heron Days Committee. I am requesting a variance from the State Fire Code. The variance is for the tent that is used for Blue Heron Days weekend at Millers on Main. The tent has been used for the street dance, royalty coronation, taco- eating contest, among other things. The same size tent has been used from 2003 -2007, plus for the benefit for officer Silvera. It was brought to our attention that the tent does not meet the state fire code for being 20' from each property line. This code is in place for the safety of the public. I feel that we meet most of the code requirements and cause no concern for the public's safety. We are 20' from the property line to the East, West, and South. To the north we are not 20' from the property line, however you can see from the enclosed site plan that the side of the tent to the north is completely closed off by a wall. That being the case there is no way for people to exit that direction anyway. I have been told by the fire department that the openings to the west and south are sufficient enough for this size tent. If we are unable to obtain this variance we will be unable to proceed with the above mentioned activities for Blue Heron Days weekend. I feel that it would be major disappointment for the community. To summarize, I am requesting the City Council of Lino Lakes to grant a variance for the state fire code that states all tents need to be at least 20' from each property line. Lastly, the council should know that in the state fire code it is stated " governing bodies are not liable for damages in connection with granting variances, abatements, denials, or modifications of orders from the fire code that are made in good faith." I thank you for considering this request and hope to see everybody that weekend. Sincerely, ad A. Wagner Millers on Main/Blue Heron Days Committee • • • inoAei paouo3 u!eW uo saaluW 0) 0) CD u) • CD �o 0 >00 20' from property line >® © u CD CD XN > a � C. CD Grill CD 0' 0 0 CD -5 cn Entrance Parking Lot 0 3 CD v co CD H >0 3 © I o I 1 + + I ICI of ICI A >® © u CD CD XN > a � C. CD Grill CD 0' 0 0 CD -5 cn Entrance Parking Lot 0 3 CD Centennial Fire District 7741 Lake Drive Lino Lakes MN 55014 April 15, 2008 Mr. Chad Wagner Millers on Main 8001 Lake Drive Lino Lakes MN 55014 Dear Chad, We have received your application for your tent event, to be held on August 15 and 16, 2008. Because of the size of your lot, which is under 65 feet deep, and the fact that a tent 40 feet wide and the required setbacks can not be met, I will not be able to approve the use of the tent on your property. The Fire Code as adopted by the state of Minnesota states that a tent including support ropes and guy wires shall not be located within 20 feet of the property lines. Your lot size would not allow for this setback. You have the right to appeal this to the Lino Lakes City Council and you could ask for a variance to remove the setback requirement on the north side of the tent. These setbacks are for safety concerns and I am always concerned when variances are issued removing safety requirements, but the decision for a variance is up to the Lino Lakes City Council. I have included copies of Chapter 24 of the Fire Code, which covers Tents, Canopies and other Membrane Structures. There is also a copy of the state statue that addresses the appeal process. Sincerely /3_14tze`" Milo Bennett Fire Chief cc. Gordon Heitke, Lino Lakes City Administrator Julie Bartell, Lino Lakes City Clerk • • • AGENDA ITEM 6.A. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: April 28, 2008 TOPIC: Vaughan's First Addition i. Resolution No. 08 -43, Approving a Development Agreement ii. Resolution No. 08-44, Approving a Final Plat BACKGROUND Ed Vaughan has requested approval of a 1 lot residential subdivision to be known as Vau•han's First Addition. The City Council approved the Preliminary Plat for the project on February 11, 2008 with the adoption of Resolution 08 -22. ANALYSIS Development Contract: Vaughan's First Addition is located on the north end of the Quail Ridge Addition. The total additional assessed acreage of the parcel is 0.98 acres. This addition will create two parcels one residence and one outlot. Sanitary sewer and watermain services are available and were installed with the Quail Ridge Addition. In accordance with the preliminary plat approval on February 11, 2008 and City policy, staff has prepared a Development Contract. The contract provides for the following: 1. Submittal by the developer of two Letters of Credit: a_ Development improvement Letter of Credit in the amount of $20,800.00 representing 150 percent of the construction costs. b. City improvement Letter of Credit in the amount of $5,600.00 representing 35 percent of the City Improvement costs. 2. Deposit of a cash escrow in the amount of $8,500 to reimburse the City for costs incurred by the City related to the development and improvements of the site. Ed Vaughan has reviewed the contract and is aware of the conditions set forth. Final Plat: The final plat is conforming to the preliminary plat approval issued on February 11, 2008 and the title commitments have been reviewed and approved by the City Attorney. The Planning and Zoning Board unanimously recommended approval of the final plat. RECOMMENDATION Staff is recommending the adoption of Resolution No. 08-43, approving the development contract; and adoption of Resolution No. 08-44, approving the Final Plat for Vaughan's First Addition. Attachments: Resolution No. 08-43 & Development Contract Resolution No. 08-44 & Final Plat Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-43 RESOLUTION APPROVING DEVELOPMENT CONTRACT, VAUGHAN'S FIRST ADDITION WHEREAS, the City Council approved a Preliminary Plat on February 11, 2008, and WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities and final plat to insure satisfactory completion of public improvements. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Contract with Ed Vaughan for Vaughan's First Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of April, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • • DEVELOPMENT CONTRACT Vaughan's First Addition THIS AGREEMENT made this 28th day of April 2008, 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 Ed Van • han whose address is 1432 Pheasant Hills Drive, Lino Lakes, Minnesota 55038 hereinafter referred to as the "Developer ". WHEREAS, the Developer has received preliminary plat approval from the City Council for a plat of land within the corporate limits of the City known as Vaughan's First Addition, hereinafter called "Subdivision ", said land is legally described to -wit Outlot D, Pheasant Hills Preserve, Anoka County, Minnesota, EXCEPT that part of Outlot D, Pheasant Hills Preserve, being in the West One- half of the Northwest One- Quarter, Section 27, Township3l, Range 22, Anoka County, Minnesota, described as follows: Commencing at the Southeast corner of the West One -half of said Northwest One- quarter, Section 27; thence North 01 degrees 00 minutes 55 seconds West along the East line of said West One -half, Northwest One- quarter, Section 27, a distance of 57.73 feet to the Southeast corner of said Outlot D for a point of beginning of the tract to be described; thence North 01 degree 00 minutes 55 seconds West, along the East line of said Outlot D, a distance of 910.02 feet; thence South 89 degrees 22 minutes 49 seconds West, a distance of 580.47 feet; thence South 01 degree 00 minutes 55 seconds East, parallel with the East line of said Outlot D, a distance of 548.90 feet thence North 89 degrees 22 minutes 49 seconds East, parallel with the South line of said Northwest One- quarter, Section 27, a distance of 416.00 feet; thence South 01 degree 00 minutes 55 seconds East, parallel with the East line of said Outlot D a distance of 370.14 feet to the Northerly right -of- way line of C.S.A.H. No. 10 (Anoka County Right -of -Way Plat No. 11); thence North 85 degrees 24 minutes 36 seconds East along said right-of-way line a distance of 28.66 feet; thence continuing along said right -of -way line along a Vaughan's First Addition Development Contract April 28, 2008 curve concave to the North (which hRs a radius of 2879.72 feet, a delta angle of 02 degrees 00 minutes 31 seconds, and an are length of 136.02) a chord bearing and distance of North 86 degrees 24 minutes 53 seconds East, 136.01 feet to the point of beginning And EXCEPT the North 1100 feet of Outlot D, Pheasant Hills Preserve, Anoka County, Minnesota. And EXCEPT the South 400 feet of the North 1500 feet of the East 600 feet of Outlot D, Pheasant Hills Preserve, Anoka County, Minnesota_ WHEREAS, the developer is splitting the above described land into one lot with one new residence and one outlot. WHEREAS, certain improvements to service the subdivision have been made by a previous development and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the subdivision; and WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of City installed improvements to the benefited property. WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat and NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". B. Improvements to be installed by the City and financed by the Developer are hereinafter referred to as "City Improvements ". page 2 —40— • • • • Vaughan' s First Addition Development Contract April 28, 2008 II. DEVELOPER IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, street and utility plan, and a surface water management plan. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: I. Grading Plan a) A final site grading plan, including certified wetland delineation, with maximum two -foot contours and cross sections as necessary has been submitted and approved by the City prior to commencement of any site grading. 2. Erosion Control Plan a) The Developer has submitted an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan hag been approved by the City prior to the commencement of site grading or construction. 3. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items IIA.1 and IIA.2 as listed above. b) All disturbed areas shall be seeded c) Protect streets from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. 4. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan - guard stakes shall be appropriately installed to mark these irons. page 3 —41— Vaughan's First Addition Development Contract April 28, 2008 5. The Developer shall promptly clear dirt and debris, within public right -of- ways, and drainage and utility easements, resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance including street sweeping, storm sewer cleaning, ditch cleaning and pond dredging, resulting from the accumulation of said dirt and debris, until all Certificates of Occupancy are issued. 6. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 7. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction. 8. The Developer shall make provision that all gas, telephone, cable TV and electric utility designs be submitted to the City for review and approval prior to construction of the streets. Following review and approval by the City, the Developer shall insure that all installations comply with applicable City, County and State design standards and show proof of security arrangements with said utility companies. 9. Cost of Developer Improvements and description are as shown on Attachment A. 10. Construction of Developer' s Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction_ c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the final plat which will dedicate all permanent easements necessary for the construction and installation of the Developer and City Improvements as determined by the City. page 4 —42— • • • • • • Vaughan's First Addition Development Contract April 28, 2008 d) All construction debris and trash shall be properly disposed of at the Developer expense and in a timely mariner as determined by the City. 11. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150 %) percent of the total estimated cost of Developer's Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on "Repayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the one -year warranty provisions of page 5 —43— Vaughan's First Addition Development Contract April 28, 2008 the agreement. The amount shall be determined by the City Engineer 111. CITY IMPROVEMENTS 1. There are no City improvements with this project. IV. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof City shall provide to Developer upon payment of all the special assessments levied against a parcel, a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the Subdivision and the Developer Improvements including, but not limited to, the following (See Attachment B for breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee 3. Administration - 3% Construction Cost 4. Engineering 5. Administration 6. Legal - Plat Review 7. Publications 8. Park Dedication Fee 9. Tree Preservation Policy 10. Boulevard Tree Planting page 6 —44— • • • • Vaughan' s First Addition Development Contract April 28, 2008 11. Street - Storm Sewer - Pond Maintenance 12. Sealcoating Fund 13. Aerial Photo Recovery Cost B. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting charge. VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City. B. Each lot must comply with erosion control measures to prevent any material from leaving the lot. The City of Lino Lakes will not perform any requested inspections on the lot until it complies with the erosion control requirements. C. Each lot must have a City approved Certificate of Grading showing the as -built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. VII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours 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 VIII. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the work and construction required by thi s contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. IX. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for page 7 Vaughan's First Addition Development Contract April 28, 2008 property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT OF COSTS FOR DEFENSE A. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, inchmciing court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XI. VALIDITY A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract XIL GENERAL A. Binding Effect 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, iepiesentatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants nmning with the land_ B. Notices 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until nhanged by notice given as above. page 8 -46- • • • • • • Vaughan's First Addition Development Contract April 28, 2008 C. Final Plat Approval 1. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 2. A Development Agreement between the city and the developer must be executed prior to the issuance of any building permits for the site. 3. The final plat must clearly depict all required drainage and utility easements. 4. The Rice Creek Watershed District must review the project prior to building permits being issued by the city for any new construction. 5. A boulevard tree shall be provided for each lot frontage. 6. Park dedication must be paid in accordance with the city's fee schedule. 7. Any development of the land contained in Outlot A will first require replatting that land as a developable lot. 8. As depicted on the utility plan, only one drive access will be allowed from Lot 1 Block 1 onto Ruffed Grouse Road. 9. Any additional impervious surface coverage proposed for the site will need to be reviewed and approved by city staff. This may necessitate the submittal of an updated survey. XIII. VIOLATIONS/BUILDING PERMITS A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and/or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. XIV. PARK DEDICATION A. Park dedication shall be paid by the Developer to the City for the lot XV. PROPERTY TAXES A. Should the recording of the Final Plat occur after July 1, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. Dollars shall be incorporated into the escrow agreement to cover the cost of said property taxes. page 9 —47— Vaughan's First Addition Development Contract April 28, 2008 DEVELOPER CITY OF LINO LAKES By Developer STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA By Mayor A "TI EST: By Clerk On this day of , 2008. before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA Notary public On this day of , of 2008, before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the of , a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public page 10 —48— • ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS April 28, 2008 • DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Vaughan's First Addition NUMBER OF 1 REU's: APPLICANT: Ed Vaughan ASSESSED AREA (ac.): 0.98 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate e $7,355 2 EROSION CONTROL Estimate b $5,368 3 SITE ENGINEERING & SURVEYING Estimate b $1,000 4 LANDSCAPING Estimate e $124 5 STREET CONST. Estimate e $0 6 STORM SEWER CONST. A. Trunk Estimate e B. Lateral Estimate e C. Surface Water Mgmt Charge (s.f.) $0.124 a $5,283 7 SANITARY SEWER CONST. A. Trunk Credit $0 B. Trunk Unit Charge (REU) $2,690 a $2,690 • C. Front Footage (80 feet) $33.00 a $2,640 • 8 WATERMAIN CONST. A. Trunk Credit $0 B. Trunk Unit Charge (REU) $3,560 a $3,560 C. Front Footage (80 feet) $23.00 a $1,840 TOTALS: $13,847 $16,013 $0 NOTE: See Attachment B for security amounts to be posted. City improvements were performed with the Quail Ridge Development Project NOTE: a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study ATTACHMENT B CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Vaughan's First Addition NUMBER OF REU's: APPLICANT: Ed Vaughan ASSESSED AREA (ac.): 0.98 1 April 28, 2008 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 PLANNING/REVIEW A. Plat Review Fee b $300 B. Planner Review Fee b $250 2 ENGINEERING A. Plan/Plat/Grading Review b $2,500 B. Preparation of Plans & Specs. b $0 C. Construction Services b $750 D. Construction Staking b $0 E. City Engineering b $1,500 3 ADMINISTRATION A. Administration Fee 3% of const. a $0 B. Legal b $100 C. Publications b $50 4 DEVELOPMENT FEES A. Park Dedication $2,075 /each d $2,075 B. Seaicoating Fee N/A a $0 C. Aerial Photo Fee $90 /unit a $90 5 BOULEVARD TREE PLANTING $480 /frontage b $480 6 DEVELOPMENT SECURITIES A. Tree Preservation $100 /unit b $100 B. Street Lighting - installation N/A b $0 C. Street Lighting - operation N/A b $0 D. Traffic Signing N/A b $0 E. Street, St. Swr., Pond Maint. N/A b $305 F. Other - Property Tax, FEMA N/A b $0 TOTALS: 00 $0 08,500 SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $20,800 $0 020,800 Y = CITY IMPROVEMENT COSTS X 0.35 (Lt I i tR OF CREDIT, $5,600 $0 $5,600 Z = CITY FEE COSTS X 1.0 (CASH ESCROW) 00 $8,500 $8,500 NOTE a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-44 RESOLUTION APPROVING THE FINAL PLAT FOR VAUGHAN'S FIRST ADDITION WHEREAS, a request has been submitted to the City for the approval of a final plat, and WHEREAS, review and approvals of plats are governed by state statutes and City ordinances, and WHEREAS, the preliminary plat for Vaughan's First Addition was approved with Resolution 08 -22 by the City Council on February 11, 2008 with conditions, and WHEREAS, the final plat for Vaughan's First Addition complies with City requirements and the conditions of Resolution 08 -22 have been satisfied.. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the final plat for Vaughan's First Addition. Passed by the Lino Lakes City Council this 28th day of April 2008. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of April, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • w / ! �LOT IL . 4.62 j� •%�` \ W CO i% n' t204 EDGE CF YETIAND -.. ...-% a a \ 00. M r 01 ..-__/1-* 815.$1 - h.. EDGE El m-Z nnH Reference Monument \ �.,. 8s 26 Top. T. Rg. 22 l Na8'araJ'a $1 • 1 3'18NS.S3 / -lb Scot.. 1/ mrnr. d the NE 1/4 i ``1 at b. NE 5/4. Sc 20 T.p 31. i " 2 * O 'f 12 / / \ \\ The Sof ..ant cvnr at 9* K 1/4 -�' " 1 Rg.0 I 0.0 i .I �` f°Teg.aPC 5/4. sr. se. 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Minnnota. `\� / lit / / a .5 S89'59'42,1 VA UGHAN'S 1 ST ADDITION PHEASANT HiLLS PRESERVE OUTLCTT D 1S!4.81 _ ♦�_• N89'34'47 -E 719.26 400.00/ • da OUTLOT (A ^I b --EDGE DP.cTwa Has awe the some to be .257.1 end Math0 ce VAUO.N0 15T AOg101 and lean h.rooy eancts and d.AOV42 01 the po. b p.lIc era hewer the wee.. of Owen an the plat Ice 4.Wro9e ob u*Ety P0,0 d5 In Mb. nh.01 s2 E*..d E Vaughan cod Delves E fhowhen bee hrrnta eat w howls ph day of 200- *shard E Votglrm Oaboo E 50.ds, STATE IT MINNESOTA COUNTY CF T. b•.4*9 42400.0.1 A aommeolg.l b.Ir. no this day al 200 by Ederd E Veug.m, o mend pre. N P.. County. 2.42.001 Y Con* Esp. STATE OF YMNESOTA COUNTY OF The l.. .g 0.55. . was Wan*. before n. the 007 of 200_ by DMmS E vm.j.vr. o mory. pea Notary PIM. YYendwt.. 9.1.117 County. I... I RanMd P. 88.00 hereby eerily that 1 how s..61 .nl paled the Napery dwrimd an Ire pot a PAUCN0F5 15T ACCRA.. Drol this pat e o gone moms.. M the sum. Owl MI Ws.. arc mn5y .ben an We pal In tool ono 42,6.9840 M a feat. WM • mowrn.na .8 be wow* pamfl In the good m M6n. that the 00e6e br6ary e. we conwfy l.N0nat.d an the Mal Ronald P. Owe., tend 5.0)51 Minna. Llmre Number 17785 STATE OF IONNESOTA COUNTY OF 0.805 To ter.. Robrmnt was aMew.dged Wane m. the 000 of lar6 Sen.ye,. Memo* Lew 17765. 200_ by Reread P. N.Y. Notary Pub. Got.. 100YCa MY Comm.. Esp. .I 0155 31. 2010 TN. plat of VNGYN5 1ST 00011061 . approved by the CAy of Rio Nola Nnnsaa at a nymr ..Ming 0.0* held 94. _ day M MD_, 016 N app0em0, D..d1n con.. are rewmmeMNiem M 51 Cwme.ary M Trorrpn..a 06 We Ow. 141+07 E0Pn.r bon ben nooe f N the Coy an the psribd 30 defy me. d. SOS*. Meg. Wt out r.aM M .der canon.. r6 wwrnmr6a8w. m pmr4ed by Minn a Stole. Mayer Ey. COUNTY SURVEYOR T. MM I. been M.cbd and rrpm..d orb long Mean MON Cindy Sonoa - cloy et 200_. *aka County Cast Iran Yr.anrll Sault* caner el N. err I/O of Sea. 27. lap 31. Rg. 22 - - - -� OUTLOTA 1,134,881 0511 3005 .err A nor+4 sa r GRAPHIC SCALE le TN 4-'1 4G' LOCATION YAP IOTA ICU tit G LI' g 4/ 4. 8 L -- NQA SECTIONS 27, & 25, T01114S4IP 31, RANCE 22 ANOKA COUNTY, MINNESOTA. (Of2RT) 1 fpeh . 100 R N89'34.47 "2 600.01 EDGE OF 1ETLAtD -��� �--.0 .4 b a 1189•57'40.11302.40 - - -�ii. spRN8YI2err,/4N--- 9.. n. 1.p. >t. Rg. a 5 C.S.A.S. NO. TOTAL AREA 1.311921 SOFT. r 3087 ACRES LEGEND • DENOTES 1/2 NCI 0T 14 NCI TCN PIPE 1155048401 NAMED WY =NM NO 17764 TNAT •LL N SET 1NBN ONE TEAR 6 11C RECORDING OF 1116 PLAT. • mom FOAM MONUMENT S89'S9'1f'A 580.47 The 02M.cet earner of a.J • 1/2 of 92 err 1/4 M Soo. 21. Tsp. 31, 09. 22 FOR 'WE PURPOSES OF 1105 PLAT, 188E EAST NNE OF NE S 1/4 OF THE NE I/O fF SEL 20, 1119. X. R 22 6 ...ED 10 EAR Hen 30 7.W, „ ~' 0 E. 2008 PTY OF LINO LAKES SHEET 1 OF 1 • • • AGENDA ITEM 6B STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: April 28, 2008 TOPIC: Resolution No. 08-47, Authorizing Execution of a Grading Only Development Contract, Main Street Village Vote Required: Simple Majority BACKGROUND: The developer, Azure Properties, Inc., is requesting to commence grading activities for the Main Street Village Project. The Main Street Village project is located in the southeast quadrant of I -35E and CSAH 14 (Main Street). This project consists of 4 commercial lots and 4 outlots on 28.3 Acres. In accordance with the preliminary plat approved on February 11, 2008 and City policy, staff has prepared a Grading Only Development Contract for the Main Street Village project. The agreement provides for the following: 1. Submittal by the developer of two Letters of Credit: a. Developer Improvement Letter of Credit in the amount of $309,000 representing 150 percent of the construction costs to insure completion of the project in accordance with the approved grading plans. b. City Improvement Letter of Credit in the amount of $27,000 representing 35 percent of the city improvement costs. 2. Deposit of a cash escrow in the amount of $41,000 to reimburse the City for costs incurred by the City related to the development and improvements of the site. Azure Properties, Inc. has reviewed the contract and is aware of the conditions set forth. RECOMMENDATION: Staff recommends approving Resolution Number 08-47, Authorizing Execution of a Grading Only Development Contract for Main Street Village. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-47 RESOLUTION AUTHORIZING EXECUTION OF A GRADING ONLY DEVELOPMENT CONTRACT, MAIN STREET VILLAGE WHEREAS, the City Council approved the preliminary plat of Main Street Village on February 11, 2008 and, WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities and final plat approval to insure satisfactory completion of public improvements. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Contract with Azure Properties, Inc., for Main Street Village and authorizes the Mayor and City Clerk to execute such agreement on behalf of the city. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of April, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • • • DEVELOPMENT CONTRACT (Site Grading Only) Main Street Village THIS AGREEMENT made this 28th day of April, 2008, 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 Azure Properties, Inc. whose address is 95 South Owasso Blvd W. Little Canada, Minnesota 55117 hereinafter referred to as the "Developer ". WHEREAS, the Developer has received preliminary plat approval from the City Council for a plat of land within the corporate limits of the City known as Main Street Village hereinafter called "Subdivision ", said land is legally described to -wit WHEREAS, the property is described as follows: Tract A, registered land survey no. 240, Anoka County, Minnesota and That part of the Southwest Quarter of the Northeast Quarter of Section 24, Township 31, Range 22 described as follows: Beginning at the point of intersection of the South line of County State Aid Highway 14 and the Easterly right -of —way line of Interstate No. 35E; thence East along said South line of County State Aid Highway No. 14, a distance of 200 feet; thence at a right angle South 250 feet; thence at a right angle West 298.22 feet to the easterly right of way line of Interstate Highway No. 35E; thence Northerly along said Easterly right -of -way line 275.62 feet to the point of beginning, according to the United States Government Survey thereof. • WHEREAS, the Developer has requested approval to commence with site grading activities, and Development Contract — Site Grading Only Main Street Village April 28, 2008 WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval; and NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARIIES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". B. Improvements to be installed by the City and financed by the Developer are hereinafter referred to as "City Improvements ". II. DEVELOPER'S IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its reasonable discretion. All Developer improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: 1. Grading Plan a) A final site grading plan, including certified wetland delineation, with maximum one -foot contours as required in the I -3 5E AUAR and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. b) The grading plan and all site grading shall be provided and conducted in accordance with the plan as approved by the City, NPDES requirements and the Rice Creek Watershed District. The Developer shall perform the work in accordance with a Stormwater Pollution Prevention Plan in accordance with Minnesota Pollution Control Agency (MPCA) requirements. c) The Developer shall be responsible for securing all required site grading and development approvals and permits from all Federal, State, Regional and Local agencies with jurisdiction or as applicable prior to the commencement of site grading or construction. page 2 -55- Development Contract — Site Grading Only Main Street Village April 28, 2008 2. Erosion Control Plan a) The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. The erosion control plan shall also be subject to the approval of any other governmental agency having jurisdiction. b) The Developer shall submit a Turf Establishment Plan which detail s topsoil placement, seeding, sodding, mulching, fertilizing and watering. Said plan shall be approved by the City prior to the commencement of site grading or construction. 3. Tree Preservation Plan a) The Developer shall provide a tree preservation plan prior to any site grading and include a delineated preservation area, subject to the approval of the City prior to any work activity on the site. The tree preservation plan shall also be completed in accordance with the City Tree Preservation Policy, and shall be covered within a legal covenant for each property. The Developer shall provide a cash escrow as security, in the amount specified in Attachment B, to insure implementation of the Tree Preservation Plan. Site activities shall not commence until review of the plan and site has been completed and approved by the City Engineer, City Forester, and any other governing agency with jurisdiction as required. b) The Developer shall remove, dispose of, or treat all dead and diseased trees in accordance with the City Forester's recommendation before building permits will be issued.. 4. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items IIA.l, IIA.2, and II..A.3 as listed above. b) The Developer shall grade the site to within 02 foot of the grades shown on the approved Grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. c) All development shall conform to the natural limitations presented by the topography and soil of the site in order to create the best potential for preventing soil erosion. page 3 —56— Development Contract — Site Grading Only Main Street Village April 28, 2008 d) Erosion and siltation control measures shall be coordinated with the different stages of development as applicable. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. e) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. f) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. g) h) All disturbed areas shall be seeded using City seed specifications or sodded as designated per the plans. i) The street right -of -way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. j) Drainage swales, ditches, storm water storage ponds and other high risk erosion areas shall be protected from erosion. k) All infiltration and biofiltration areas shall be protected from compaction by the installation of construction fence after initial grading is complete. 1) All remaining grading must be completed prior to issuance of building permits. m) Protect streets from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. n) The developer's engineer shall certify, in writing with an as -built survey that all grading complies with the grading plan prior to issuance of building permits. page 4 —57— • Development Contract — Site Grading Only Main Street Village April 28, 2008 o) A legal covenant shall be included within the developments association documents prohibiting the use of phosphorus on lawns. The developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvements as proposed. 5. The Developer shall place iron monuments at all lot and block comers and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan - guard stakes shall be appropriately installed to mark these irons. 6. The Developer agrees to maintain, at all times before acceptance of the streets by the City, an access road suitable for use by emergency, police and fire department equipment. The adequacy of such road shall be the sole determination of the City. Furthermore, such access road shall be located no more than 150 feet from any structure built within the Subdivision. 7. The Developer shall promptly clear dirt and debris, within public right -of- ways, and drainage and utility easements, resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance including street sweeping, storm sewer cleaning, ditch cleaning and pond dredging, resulting from the accumulation of said dirt and debris, until all Certificates of Occupancy are issued. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to. detours. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adegnatf. drainage on all temporary streets. p) 8. Other Construction a) In the event that damage to the streets or other City infrastructure result from said improvement work, the Developer shall be responsible for effecting said repairs, or the City shall withhold escrows or deposits as the City deems appropriate and necessary. b) The Developer shall provide a financial security or cash escrow to assure completion of the grading and restoration, in the event that the work is not completed by the Developer. page 5 Development Contract — Site Grading Only Main Street Village April 28, 2008 c) No burning of vegetation cleared during construction shall be allowed. 9. All development association declarations, covenants, and property and legal requirements as required in this Agreement shall be submitted to the City Attorney for review as required by the City's final plat requirements. In addition, an additional contract agreement shall be agreed upon between the City and developer that provides for the subsequent construction, ownership and maintenance of City owned utilities (sanitary sewer and water) and the access street that will be privately owned and maintained. 10. Cost of Developer's Improvements, description and completion dates are as shown on Attachment A. 11. Construction of Developer' s Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the final plat which will dedicate all permanent easements necessary for the construction and installation of the Developer's and City's Improvements as determined by the City. d) All Construction debris and trash shall be properly disposed of at the developers expense and in a timely manner as determined by the City. 12. The Developer shall be required to obtain all necessary permits and approvals from all governmental agencies as required, including necessary right -of -way, temporary easements, or permanent easements for the construction. 13. The Developer shall make an application to FEMA for a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMB) to revised the existing Flood Plain maps consistent with the proposed grading plan if it is necessary. 14. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit page 6 —59— • • • • • • Development Contract — Site Grading Only Main Street Village April 28, 2008 (1) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150 %) percent of the total estimated cost of Developer's Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration ciatPs unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed.. b) Reduction of Escrow Guarantee. (I) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer' s Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of the agreement The amount shall be determined by the City Engineer. III. CITY'S IMPROVEMENTS A. No City improvements are proposed under the grading project. page 7 —60— Development Contract — Site Grading Only Main Street Village April 28, 2008 IV. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof City shall provide to Developer upon payment of all the special assessments levied against a parcel a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non- interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the plat and the Developer Improvements incluriing, but not limited to, the following (See attachment B for Breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee 3. Administration - 3% Construction Cost 4. Engineering 5. Administration 6. Legal - Plat Review 7. Publications 8. Park Dedication Fee 9. Tree Preservation Policy 10. Boulevard Tree Planting 11. Street - Storm Sewer - Pond Maintenance 12. Sealcoating Fund 13. Aerial Photo Recovery Cost 14. AUAR Fee B. If the above escrow amounts are insufficient, the developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow. page 8 -61- • • Development Contract — Site Grading Only Main Street Village April 28, 2008 VI. BUILDING PERMITS A.. The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City. The Developer further agrees that City Sewer, Water, Storm Sewer, and Bituminous Base Construction of the Streets, temporary street signs, gas, electric, and telephone will be completed prior to the issuance of building permits. B. The Developer shall submit an as -built survey certifying that all the grading complies with the grading plan prior to issuance of building permits. C. Each lot must comply with erosion control measures to prevent any material from leaving the lot. The City of Lino Lakes will not perform any requested inspections on the lot until it complies to the erosion control requirements. D. Each lot must have a City approved Certificate of Grading showing the as -built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. VII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours set out by City Council as follows: Monday threat& 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 VIII. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the grading work required by this contract and acceptance by the City, the site improvements shall remain privately owned and maintained. The City of Lino Lakes, in the interest of public safety and welfare shall reserve the right to enter and maintain drainage facilities within the designated drainage and utility easements. An additional development contract shall be prepared agreed between the City and developer that will address subsequent site improvements after site grading is completed. Subsequent improvements shall include but not be limited to streets and utilities. IX. INSURANCE A.. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private improvements, public liability and property damage insurance covering personal injury, including death, and claims for property page 9 —62— Development Contract — Site Grading Only Main Street Village April 28, 2008 damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT OF COSTS FOR DEFENSE A. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XL VALIDITY A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. Xll. GENERAL A. Binding Effect 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notices 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. page 10 -63- • • • Development Contract — Site Grading Only Main Street Village April 28, 2008 C. Conditions 1. A Stormwater Pollution Prevention Plan (SWPPP) in accordance with Minnesota Pollution Control Agency (MPCA). The SWPPP must contain the name and a 24 -hour telephone number of the responsible manager of the SWPPP. All references to MNDOT seed mix must be changed to the City native seed mix. 2. Silt fence must be added around the excavation for safety reasons. 3. Properly fence and barricade entrances to prevent the general public from depositing garbage or refuse. 4. Properly fence and barricade infiltration and biofiltration areas to prevent compaction. 5. Maximum slope on any excavation shall be a 1 to 1 and in such condition as not to be dangerous because of sliding or caving side slopes. 6. Only topsoil will be allowed to be brought into the site (Not applicable to Grading Only Agreement). 7. A rock trench entrance shall be installed and maintained at all times. 8. Dust and wind erosion must be confined to the site and be controlled by watering as necessary. 9. Street sweeping shall occur as necessary. 10. Permits from the Rice Creek Watershed District must be submitted to the City prior to any activity. All activities on the site must comply with the Rice Creek Watershed District requirements. 11. Areas that will not be worked on within 48 hours are required to be hydro - seeded (Not applicable to Grading Only Agreement). 12. On the sites of the multi-user retail buildings, there must be enough parking to accommodate all uses of the entire building. No individual use may create a parking demand that uses up the parking and does not allow enough for other uses of the building. The City may deny building permits or otherwise prevent an individual use of the sites if this condition would be violated. page 11 —64— Development Contract — Site Grading Only Main Street Village April 28, 2008 13. Any restaurant use that includes outdoor seating with service by wait staff will require a conditional use permit and must meet conditions listed in the Zoning Ordinance 14. The permit from the Rice Creek Watershed District must be obtained and a copy submitted to the City prior to site work commencing. 15. City Engineer review comments must be addressed to his satisfaction. 16. Irrigation shall be required in all areas to be sodded and the irrigation shall be shown on the landscaping plan or listed in details. 17. On the Lot 2 Block 1 site, truck deliveries shall not occur during business hours or if they do, parking spaces along the west side of the building shall be blocked off prior to the delivery. 18. An easement for access to the City water tower is required and an executed easement shall be submitted to the City prior to final plat approval. 19. The following staging of construction of internal and external road improvements shall be required and shall be addressed in the development agreement. a) The developer shall construct a right turn lane (southbound Otter Lake Road turning right into the project site) at the northern access (existing bank access road) with phase one, in accordance with Anoka County standards. b) The developer shall stripe a left tum lane and throng) lane on northbound Otter Lake Road at the northern access with phase one, in accordance with Anoka County standards; a concept striping plan shall be submitted to the City and County for review. c) The northern access on Otter Lake Road shall be converted to right in/right out with any additional development that is not included in phase one. d) The southern access road to Otter Lake Road shall be constructed with any additional development that is not included in phase one. e) To address the City requirement that traffic generated by a proposed subdivision will not degrade the level of service more than one grade with any additional development that is not included in phase one, the developer shall make needed page 12 -65- • • • Development Contract — Site Grading Only Main Street Village April 28, 2008 improvements to Otter Lake Road south of Main Street, including the southern access intersection, including at a minimum through lanes, turn lanes, and medians in accordance with Anoka County requirements; this may or may not include signalization of the sonthern access intersection, depending on signal warrants, as determined by Anoka County and the City (Not applicable to Grading Only Agreement). f) With any additional development that is not included in phase one, the developer shall make needed improvements to old Otter Lake Road service road access (west entrance to site) to serve the project, in accordance with City standards (Not applicable to Grading Only Agreement). 20. An additional ten (10) feet of right of way must be dedicated for Otter Lake Road, rather than the five (5) feet shown on the plat, to total 60' from centerline. This must be included on the final plat. 21. Any comments from the Anoka County Highway Department must be addressed prior to site work commencing and all County requirements shall be fulfilled (Not applicable to Grading Only Agreement). 22. Documentation showing agreement between the existing bank and the developer regarding the relocation of the bank driveway as shown on plans must be submitted to the City prior to final plat approval (Not applicable to Grading Only Agreement). 23. The project shall include pedestrian connection to the proposed trail along the south side of Main Street. 24. A property owners association shall be created and shall address the management of common and shared elements of the site. The declaration of covenants and conditions shall be submitted to the City for review prior to final plat approval. The development agreement between the developer and the City shall require that the developer record the declaration of covenants and conditions with the final plat. 25. A storm water facilities maintenance agreement must be executed and shall prohibit snow storage in the large wetlands in Outlots B and D. 26. A snow removal plan shall be addressed prior to final plat and shall be included in the property owners association documents and management agreements. page 13 -66- Development Contract — Site Grading Only Main Street Village April 28, 2008 27. Storm water management for future development of the site is not addressed by the current application. Future development will be reviewed and must comply with the 1-35E AUAR requirements. 28. Park Dedication Fee described in the fee schedule shall be paid prior to commencement of utility construction. 29. The AUAR Fee described in the fee schedule shall be paid prior to site work commencing. 30. Any use that requires a conditional use permit, as listed in the Lino Lakes Zoning Ordinance, shall comply with requirements for the conditional use permit. 31. A 20' drainage and utility easement shall be platted along the site's northern edge, abutting Main Street. XIII. VIOLATIONS/BUILDING PERMITS A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and/or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. XIV. PROPERTY TAXES A. Should the recording of the Final Plat occur after July 1, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. Dollars shall be incorporated into the escrow agreement to cover the cost of said property taxes. page 14 —67— • • • • • • Development Contract — Site Grading Only Main Street Village April 28, 2008 DEVELOPER CITY OF LINO LAKES By Developer STATE OF MINNESOTA ) ) SS ) COUNTY OF ANOKA By Mayor A'1"1'EST: By Clerk On this day of , 20_. before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the 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. STATE OF MINNESOTA ) ) SS ) COUNTY OF ANOKA Notary public On this day of , of 20_, before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the of , a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public page 15 -68- ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Main Street Village APPLICANT: Azure Properties ITEM NECESSARY IMPROVEMENTS 1 SITE GRADING 2 EROSION CONTROL 3 SITE ENGINEERING & SURVEYING 4 LANDSCAPING 5 STREET CONST. A. Subgrade /Base Course B. Wear Course C. Turn Lanes 6 STORM SEWER CONST. A. Trunk B. Lateral C. Surface Water Mgmt. (Commercial) 7 SANITARY SEWER CONST. A. Trunk Credit B. Trunk Unit Charge (REU) C. Lateral 8 WATERMAIN CONST. A. Trunk Credit B. Trunk Unit Charge (REU) C. Lateral TOTALS: BUDGET COST NOTE Estimate b Estimate b Estimate b Estimate Estimate Estimate Estimate Estimate Estimate $0.184 $2,690 Estimate c d a d $3,560 a Estimate See Attachment B for security amounts to be posted NOTE: NUMBER OF REU's: ASSESSED AREA (ac.): DEVELOPER IMP. (X) $186,000 $10,065 $10,000 $206,065 April 28, 2008 xx 28.3 • CITY ESCROW IMP. (Y) AMOUNT (Z) $ 77,678.95 $77,679 a Cost by City policy b: Provided by Developer c: Surface Water Management Charges Based on upland areas of Outlot A, C, D, Lot 1 and 2 of Block 1 and Lot 1 and 2 of Block 2 (9.69 Acres). Surface Water Management Charges for Outlot B will be collect with development d: Sanitary and Watermain Assessments assessed on October 31, 1997 will be credit with full development agreements. • • ATTACHMENT B CITY FEES .DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Main Street Village NUMBER OF REU's: xx APPLICANT: Azure Properties ASSESSED AREA (ac.): 28.3 April 28, 2008 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 PLANNING/REVIEW A Plat Review Fee $2,600 B. Planner Review Fee $2,605 2 ADMINISTRATION A. Legal $1,000 B. Administration Fee 3% of coast. $6,182 C. Publications $1,000 3 ENGINEERING A. Plan/Plat/Grading Review $5,000 B. Prep of Plans & Specs. $0 C. Construction Services $10,000 D. Construction Staking $0 $0 E. City Engineering $5,000 4 DEVELOPMENT FEES A. Park Dedication Fee $2175 /unit $0 B. Sealcoating Fee $0.29/SF b $0 C. Aerial Photo Fee 90 /unit b $0 5 BOULEVARD TREE PLANTING $480/tree b $0 6 DEVLOPMENT SECURITIES A. Tree Preservation $100 /unit b $0 B. Street Lighting - installation TBD b $0 C. Street Lighting - operation TBD b $0 D. Traffic Signing a $0 E. Street, Storm Sewer, Pond Maint b $0 F. AUAR Fee $269 /Acre c $7,613 TOTALS: $41,000 SECURITY AMOUNTS TO BE POSTED At A Att. B Total X = DEV. IMPROVEMENT COSTS X 1.5 (LE I I ER OF CREDIT) $309,000 $0 $309,000 Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT)** $27,000 $0 $27,000 Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $41,000 $41,000 NOTE: • a: Cost by City policy b: Estimated Cost or Budget by City will apply to full development agreement c: AUAR Fee Based on the 28.3 Acre Site TBD = To Be Determined • • • AGENDA lI EM 6Ci STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: April 28, 2008 TOPIC: Resolution No. 08-45, Accepting Bids and Awarding a Construction Contract, 2008 Street Sealcoating Project Vote Required: Simple Majority BACKGROUND: Sealed bids were received and publicly opened at 10:30 a.m. on April 17, 2008. 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 Allied Blacktop Co. $ 126,814.00 Pearson Bros., Inc $ 128,825.00 Astech Corp. $ 146,050.00 Engineer's Estimate $ 159,345.00 The low bids are very competitive bids for this project. The prices are comparable to last year's bids. Allied Blacktop Co. and Pearson Bros., Inc. have both performed the sealcoating projects for many years in Lino Lakes. A copy of the complete bid tabulation is attached.. The final completion date for this project is September 30, 2008. RECOMMENDATION: Staff recommends that Resolution Number 08 — 45 Accepting Bids and Awarding a Construction Contract for the 2008 Street Sealcoating Project be adopted. Council Member introduced the following resolution and moved its adoption.: CITY OF LINO LAKES RESOLUTION NO. 08-45 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT, 2008 STREET SEALCOATING PROJECT WHEREAS, pursuant to an advertisement for bids for the construction of 2008 Street Sealcoating project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor Amount of Bid Allied Blacktop Co. $ 126,814.00 Pearson Bros., Inc $ 128,825.00 Astech Corp. $ 146,050.00 Engineer's Estimate $ 159,345.00 AND WHEREAS, it appears that Allied Blacktop Co. is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Allied Blacktop Co., in the name of the City of Lino Lakes for the construction of the 2008 Street Sealcoating Project 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 bidders the deposits 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. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 28th day of April, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • 1 $ 138,240.00 c, D a r- o o o 0 o 0 a 00 N 0 0 O O ID ti 0 .- m0 m a; co 0 0 0 0 N 0 0 N M TKDA PROJECT NO. 14043.001 BIDS OPENED: APRIL 172008, AT 10:30 AM "DENOTES ERROR IN BIDDERS CALCULATION ENGINEER'S ESTIMATE • ALLIED BLACKTOP CO. PEARSON ITEM UNIT TOTAL UNIT TOTAL UNIT NO DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE ti O N W 0 $ 123,264.00 $ 3,550.00 0 O a m 0 N 0 1.-• 0 LO O. . O iR tl! 0 0 0 co. o 0 0 0 CO 0 !I- .._ w w 0 0 0 o 0 0 M $ 1.30 $ 1.35_ ›-m CO J 116,200 7.100 riinKirikY RITI/MINOUR SEALCOATINO VV/FA-2 1/8" TRAP ROCK CHIPS - _ CRACK SEALING - (MATERIAL SUPPLIED SY CITY) TOTAL WOODLAND ESTATES 4TH ADDITION N AGENDA ITEM 6Cii STAN ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: April 28, 2008 TOPIC: Resolution No. 08-46, Accepting Bids and Awarding a Construction Contract, 2008 Street Overlay Project Vote Required: Simple Majority BACKGROUND: Sealed bids were received and publicly opened at 10:00 a.m. on April 17, 2008. 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 W B Miller, Inc. $ 176,147.40 Northwest Asphalt, Inc. $ 183,087.75 North Valley, Inc. $ 192,630.01 Rum River Contracting $ 192,798.46 ASTECH Corp. $ 196,944.10 Hardrives Inc. $ 198,824.20 Knife River Corp. $ 200,698.69 T A Schifsky & Sons Inc. $ 200,901.05 FPI Paving Contractors $ 201,938.10 Midwest Asphalt Corp $ 208,110.17 Engineer's Estimate $ 196,018.50 The low bid is approximately 90% of the Engineer's Estimate for this project. WB Miller, Inc. also completed the street overlay project in 2006 and 2007. A copy of the complete bid tabulation is attached. The final completion date for this project is September 30, 2008. RECOMMENDATION: Staff recommends that Resolution Number 08 — 46 Accepting Bids and Awarding a Construction Contract for the 2008 Street Overlay Project be adopted. • • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-46 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT, 2008 STREET OVERLAY PROJECT WHEREAS, pursuant to an advertisement for bids for the construction of 2008 Street Overlay project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor Amount of Bid W B Miller Inc. $ 176,147.40 Northwest Asphalt, Inc. $ 183,087.75 North Valley, Inc.. $ 192,630.01 Rum River Contracting $ 192,798.46 AS'1'BCH Corp. $ 196,944.10 Hardrives Inc. $ 198,824.20 Knife River Corp. $ 200,698.69 T A Schifsky & Sons Inc. $ 200,901.05 FPI Paving Contractors $ 201,938.10 Midwest Asphalt Corp $ 208,110.17 Engineer's Estimate $ 196,018.50 AND WHEREAS, it appears that WB Miller, Inc. is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with W B Miller, Inc., in the name of the City of Lino Lakes for the construction of the 2008 Street Overlay Project 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 bidders the deposits 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. Julianne Bartell, City Clerk John Bergeson, Mayor Adopted by the Lino Lakes City Council this 28th day of April, 2008. • The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. —75— TKDA PROJECT No. 14043.002 ENGINEERS • ARCHITECTS • PLANNERS BIDS OPENED: APRIL 17, 2008, AT 10:00 AM *DENOTES ERROR IN BIDDERS CALCULATION ENGINEER'S ESTIMATE W.B. MILLER, INC. NORTHWEST ASPHALT INC. ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT $ 4,925.00I 00 r 1n 69 r T 69 $ 4,380.00I $ 76,564.25 LO C) ID CD 6 $ 1,460.00I 0 u0� ti 64 $ 220.00 $ 500.00 0000 c07 0 64 i0 f) v _ 69- u0�) ID co- tfi ti CD 0 ri CD 69 0 6 N O C - 10 O 69 0 ni 69 $ 100.00 $ 45.71 C 10 69 I00'Z $ O L D e-- 69 O 69 $ 2.00 0 (000 10 N 69 69 0 CD N 69 0 o 1n 10 $ 5,258.40 $ 2,935.00 $ 5,694.00 $ 78,045.00 $ 70,065.00 $ 1,460.00 $ 1,000.00 $ 440.00 $ 750.00 00 0 m C) 69 69 $ 1,850.00 1 $ 176,147.40 000000 osr ooca, 00106 o e�1n 10 6:69 69 69 6 69 69 00'Z 000 0o0 ninic) A-690 $ 14.00 $ 550.00 0 o 6 0 69 $ 5,000.00 $ 8,544.90 $ 3,698.10 $ 6,132.00 $ 80,400.00 $ 70,200.00 $ 1,277.50 $ 2,500.00 $ 616.00 $ 1,250,00 $ 5,000.00 $ 5,400.00 00 O O cD 69 b m O T in. $ 5,000.00 $ 0.65 $ 6.30 $ 140.00 000oti00 co 00 61N <- (0 cV (0 696969696969 $ 20.00 $ 1,800.00 0 0 O N 69 J TN TN GAL LF LF SY SY EA 1 13146 587 43.8 1875 1350 730 500 220 250 250 3 cr) 2008 OVERLAY PROJECT MOBILIZATION RECLAIM BITUMINOUS HAUL OUT EXCESS MILLINGS (LV) RESHAPE MILLINGS (3% CROWN) BITUMINOUS BASE COURSE 2360 (LVNW 35030) BITUMINOUS WEARING COURSE 2380 (LVWE 45030) BITUMINOUS MATERIAL FOR TACK COAT !BITUMINOUS CURBING SAWCUT BITUMINOUS DRIVEWAYS REMOVE BITIMINOUS DRIVEWAY MATERIAL BIT. WEARING COURSE 2380 (LVWE 45030) (FOR DRIVES)] REMOVE AND REPLACE CATCH BASIN (TYPE 402) (REMOVE AND REPLACE CATCH BASIN (TYPE 406) 1TOTAL WOODLAND ESTATES 4TH ADDITION e- N Cr) ID CD h m D) CO N C) 0 O or.:ci O u, 63 0 (D CO 0 0 h 69. 0 u) O CD 63 0 o rn 63 fA 0 66 0 N (D CO- 47 0 LL) O (D N- 40- 0 0 c5c5oo 69. 0 0 0 LL) N LL) N 63 63 0 0 0 0 r() 1- 63 $ 3,125.00 7 Z) :o 7 n d IS 69-69- 0 o O ' O 4 Cr W c 69 in 0) 63636363636963636363 0 0 O OD 000(- 0 CO o 0 CA..cr6 v r- r) 0 O 0 (n (n 0 0 O 6 0 CO NOO 69. 0 0 O O 0 0 e- 6363 .:3•OMYO�ti 0 o or- 00 (n 63 69 CO r- (D fa9- 000000 0oa)0o0 mYV 69 O 699 69 c)) 63 C� - 63 $ 44V.UV $ 2,830.00 $ 3,572.50 00 00 CO0 CI:- a 63 63 CO a OD C1 T 63 $ 4,VUV.UU $ 0.45 0'7 to O o CD 6 (C)e ern fPr 63636363 CD OcOO -chN ivy $ 10.52 co N yi 69 $ 1,560.00 $ 1,560.00 TKDA PROJEt; I N. 14U4:i.UUL BIDS OPENED: APRIL 17, 2008, AT 10:00 AM *DENOTES ERROR IN BIDDERS CALCULATION NORTH VALLEY, INC. ITEM UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT OO 00 (D (n r) ri V 63 63 $ 3,081.75 $ 6,570.00 $ 78,725.00 $ 70,200.00 $ 1,460.00 , $ 1,750.00 00 aa0) r- o CO 63 69 $ 3.000.00 O(0n (ono r- m co- 1 69-69 O in CO aNa f 611. $ 3,500.00I $ 0.56 $ 5.25 $ 150.00 o O et 1.0 63 63 °o CO N (') 63 63 $ 2.50 $ 3.50 $ 12.00 0 (O (0n (7 N 0) N N 63 63 LS 1SY >- Ln Z Z U�HI- GAL LF LF SY U) W W 05£4 5L96 L85 946£6 6 730 500 220 250 250 (ri n') HAUL OUT EXCESS MILLINGS (LV) RESHAPE MILLINGS (3% CROWN) BITUMINOUS BASE COURSE 2380 (LVNW 35030) BITUMINOUS W WEARING COURSE 2380 (LVE 45030) RITZ IMINOUS MATERIAL FOR TACK COAT 1 SAWCUT BITUMINOUS DRIVEWAYS REMOVE BITIMINOUS DRIVEWAY MATERIAL BIT WEARING COURSE 2360 fl VWE 45030) (FOR DRIVES) REMOVE AND REPLACE CATCH BASIN (TYPE 402) REMOVE AND REPLACE CATCH BASIN (TYPE 406) 1TOTAL WOODLAND ESTATES 4TH ADDITION V LC [L J0HW2v >?OCW.Z o °)mww 5: c4 ZU)'CI 2 •LCZ ;_2 (o •z 5i �a ILO[! ;5J c) 2LC • -- N c•) C (n (D t- m 0O Nom. '1., i� 00 00 on CD 1.7 co- 1` lD rD 3 727.45 4.555.20 000000 000000 oo.t5Dio O co N- 7 O ,- en .- O co .- .- PY 1C) r� o inoo rioo CD 1s- N 0 0 N h 0 to O (0 10 O CA O O N 63 44 • 64 64 64 63 63 69- 69. 64 64 63 0 010 o o o 010 0 0 0 0 1nf7 0 C O 0 - 0 00 OOCD NN ,- r -r, 00 OD L 10 1L') 11') 1 trCO CD N N 64 64 64 64 63 64 61 69- 44 • 63 63 1p .-- o co O o c 00 o CD CA C.I CCN 0 0 5 N C) 10 N•,- 0 O CD N O 1,- O O 10 CA CD 1, 8, 2, 4, 81, 1) ti .- 1, 1, • N 6, • m CJ O N 63 63 64 64 44 61 69- 61 64 CamO ,-<N1C)V"COco O Ca ,-0�1r)rov�cocv o (0 W) 2 ID 2,85 63646464636363636364 63 o � tn 0 0010 00 N O In N- O O ti *0(0 O O C CD 0 er_ 1n Inn- CD � 1` CO N10 C•) co N DO 1n 10 1, 3, 2, 6, 1, N 3, 5 0 eo CA r 646 -6163 646463 6364 44 0 0 0 0 0 0 ID 10 O to O O O C•) N 1C) 0 N O 0 CO V cc; 1C) r NI' C•)C) 10 r• UNI 'RI( 5,0 5E L'l_ 636 4 6 >. 44636364 646 LS SY TN SY CD 10 0 er �� 13i 3.1 17 10 co )5 )0 5( Cr) r) m� h10 N T .INGS (LV) CROWN) RSE 2360 (LVNW 35030) COURSE 2360 (LVWE 45030) FOR TACK COAT )RIVEWAYS UIVEWAY MATERIAL 2360 (LVWE 45030) (FOR DRIVES) CATCH BASIN (TYPE 402) CATCH BASIN (TYPE 406) TOTAL WOODLAND ESTATES 4TH ADDITION ■ z Z _ m 0 0 1 ID H Q N D z z E. MI 01 1 111- m N r, V- LO cO N. CO O° `_ 1 • • • ENGINEERS • ARCHITECTS • PLANNERS BIDS OPENED: APRIL 17, 2008, AT 10:00 AM *DENOTES ERROR IN BIDDERS CALCULATION FPI PAVING CONTRACTORS MIDWEST ASPHALT CORP. ITEM UNIT TOTAL UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT o CD co GA $ 4,206.72 °c°°ocoo v raft) OD IDID0 EA- io rri 69- $ 80,065.00 $ 72,157.50 o of m 54 $ 2,875.00 1 $ 660.00 $ 725.00 000 rte'- v 69-69-69- co ° co- O ei. .- r 0 m o N EA- C$ 6,850.00 04 r) 00 69 0 N 69 $ 122.25 1 0U) ra Tr r- ri < 0 EA 69 o r, rV fA r)o0 r� rt)ri 69 o CO rV 64 fl9 000 0 D)00 fA 0 0 CO ,T EA- 0 0 N- 69 o 0 C; rn 6469- $ 7,887.60 $ 2,348.00 o 10 rD 69. $ 80,400.00 $ 72,900.00 $ 1,642.50 1 00 0 oo M 69 $ 660.00 $ 1,625.00 $ 4,000.00 $ 8,550.001 00 o co m 6°3 ° co co O N VT oroD0 0 o CO d 64 0 Ni EA E3 $ 125.00 1 $ 48.00 $ 54.00 U) N 64 C) rD = r7 rD 69. H) o m - fA $ 2,850.001 0 o ID 0 N Hl LS SY CY RS TN TN J o LF 1 J V) 0 Q W Q W 13146 587 43.8 If 0 0 500 220 250 250 2008 OVERLAY PROJECT MOBILIZATION RECLAIM BITUMINOUS HAUL OUT EXCESS MILLINGS (LV) RESHAPE MILLINGS (3% CROWN) BITUMINOUS BASE COURSE 2360 (LVNW 35030) BITUMINOUS WEARING COURSE 2360 (LVWE 45030) BITUMINOUS MATERIAL FOR TACK COAT BITUMINOUS CURBING SAWCUT BITUMINOUS DRIVEWAYS (REMOVE BITIMINOUS DRIVEWAY MATERIAL BIT. WEARING COURSE 2360 (LVWE 45030) (FOR DRIVES) REMOVE AND REPLACE CATCH BASIN (TYPE 402) REMOVE AND REPLACE CATCH BASIN (TYPE 406) TOTAL WOODLAND ESTATES 4TH ADDITION N- N r) ‘r 6 co h co D) O �r4 r)