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HomeMy WebLinkAbout06/01/2009 Council PacketWORK SESSION AGENDA CITY OF LINO LAKES Monday, June 1, 2009 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. 1. EDAC Update — Economic Development Plan/One -Year Action Plan 2. Charter Commission Audit 3. Annual Financial Audit 4. Pine Street Paving Review Regular Agenda Adjourn PAGE 1 • • • WS — Item 1 WORK SESSION STAFF REPORT Work Session Item 1 Date: June 1, 2009 To: City Council From: Mary Alice Divine Re: EDAC Plan and Special Meeting Background The Economic Development Advisory Committee (EDAC) has completed an update of its Five -Year Plan and its One -Year Action Plan. As part of the Economic Development Advisory Committee's original work program, EDAC had an objective to develop a Strategic Plan and update it once every five years. This plan is a broad based outline of goals and objectives for furthering economic development. From this Strategic Plan, they develop a One -Year Action Plan more specific to projects and programs to meet economic development goals and objectives. One of the economic development goals in the draft Comprehensive Plan is to have EDAC continue this work program. EDAC last reviewed the Strategic Plan in 2005, and concluded that in light of the economic development goals and objectives in the draft Comprehensive Plan that it would be appropriate to review the Strategic Plan before updating the One -Year Action Plan to ensure EDAC's goals are in line with the Comp Plan goals. Included in your packet are the drafts of the updated 2010 -2015 Strategic Plan and the 2009 -2010 Action Plan. EDAC is asking the City Council to consider these plans and approve them as an indication of the continued validity of EDAC's goals and objectives. In addition, one of the city council goals for 2008 -2009 included expanding and enhancing the city's tax base. Two of the action steps to accomplish that goal were to meet jointly with EDAC to clearly define council's economic development objectives and EDAC's role in meeting those objectives; and establishing a communication 1 procedure so EDAC can better understand the correlation between EDAC recommendations and council's economic development decisions. Requested Council Direction Staff is requesting that council consult their calendars and determine if they would like to set up a date for a joint council/EDAC meeting to discuss economic development policy, goals and issues. In addition, determine if the council would prefer to have that meeting before staff puts the EDAC draft plans on the agenda for council approval. Attachment(s) 1. EDAC Five -Year Strategic Plan 2. EDAC One -Year Action Plan • • • 2 Lino Lakes Fconomic Development Plan 2010 -2015 O!Yi>1 N7 Of tAYLO4 COBPOitA #c Lino Lakes Economic Development Advisory Committee • • • CITY OF LINO LAKES FIVE YEAR ECONOMIC DEVELOPMENT PLAN 2010 -2015 BACKGROUND In 1992 the City of Lino Lakes adopted an Economic Development Plan and established the Economic Development Authority Advisory Board (EDAAB). Its mission was to 1) actively promote the development of quality commercial, retail and light industrial businesses within the City of Lino Lakes, and 2) maintain and encourage the growth of existing businesses within the City of Lino Lakes. In 1998 EDAAB changed its name to the Economic Development Advisory Committee (EDAC) to reflect its status as a volunteer advisory group rather than an official board required by state statute, but its mission remains the same. EDAC established goals within the original economic development plan, and updates its goals within its one -year action plan. To date, the action plans have resulted in the location of more than 70 new businesses in the city with an additional market value of more than $115 million. The economic development goal in the 2002 Comprehensive Plan was to expand the valuation of commercial /industrial to 10 percent of the tax base by 2010. This goal was reached in 2008. (See Attachment A). This updated strategic economic development plan revisits and revises its original goals to reflect the efforts accomplished over the past five years amid a changing market and changing community. INVENTORY Lino Lakes is a city covering an area of approximately 33 square miles located in the northeast part of the Twin Cities metropolitan area. A high amenity community, the current population of Lino Lakes is approximately 20,000. In the central part of the city, the Rice Creek Chain -of -Lakes Regional Park preserves 3,500 acres of lakes, shore land, and rolling topography in a unique natural environment. In addition, there are 13 lakes and extensive areas of wetlands. The lakes, wooded area, and parks will preserve natural habitat as population growth continues. 1 Light Industrial The Apollo Business Park on Apollo Drive is a 100 -acre light industrial development that includes office /warehouse, manufacturing, and wholesale distribution facilities. The park is full although the recessionary period of 2008 -2009 have forced the closings of several tenants within the park. A light industrial business park called Clearwater Creek Development Center is located on 35E. Most of the remaining vacant land within the park is owned by a private developer. It holds good potential for future industrial business development. The Marshan Industrial Park on Lake Drive began development in 2003. This park has two remaining small acreage sites for new light industrial business. The draft comprehensive plan space needs analysis projects an additional 47,000 sq. ft. of industrial on the west side of the city and 127,000 sq. ft. on the east side of the city by 2020. Commercial In recent years the city has turned its focus to the development of commercial business in the Town Center in Lino Lakes. Commercial development refers to any nonindustrial development that is taxed at a C/I tax rate, i.e., professional offices, service businesses, entertainment, and retail. Retail development refers to that which provides consumer goods at retail prices. The Town Center on 35W is the primary commercial area that has been designated as the future "downtown" Lino Lakes. Extensive planning since 1998 has provided the momentum for development. To date, SuperTarget, Kohl's, three 14,000 sq. ft. multi - tenant buildings, three banks, two clinics, a convenience store /gas station, the Lino Lakes Civic Complex, McDonald's. DQ, Discount Tire, affordable apartments, the YMCA and two hotels have developed in the Town Center area. In addition, the 35W interchange and bridge have been reconstructed. Current economic conditions have stalled development, primarily within the high density, mixed use portion of the project. Moving forward with the project as conditions approve is a high EDAC priority. The draft comprehensive plan analysis for commercial use indicates that from 2006 -2010 there will be a total of 24,000 sq. ft. of retail demand on the west side of the city. However, the city has already exceeded that amount of retail development, and has considerable empty leasable space available. It can be assumed that additional retail will be slow until population figures for that market area 2 • • • • increase. The analysis indicates an additional 150,000 sq. ft. will be sustainable by 2020. • The 35E corridor is attracting development interest. A high priority is funding the completion of the 35E interchange as a necessary condition for any significant commercial /industrial development. With improvements in place, the draft Comprehensive Plan analysis indicates the potential for 66,000 sq. ft. of retail space by 2010; and 410,000 sq. ft. by 2020. COMPREHENSIVE PLAN It was the intent of EDAC to incorporate the new Lino Lakes Comprehensive Plan objectives for commercial and industrial land into its Economic Development Plan. This includes an aggressive economic development growth strategy that recognizes the relationship between housing growth and commercial /industrial growth. While EDAC's focus is commercial and industrial expansion and retention, it supports goals and policies for providing diverse types of housing as part of a sustainable city. EDAC continues to support the goals and policies of the draft comprehensive plan and will incorporate them into its action plan. GOALS /OBJECTIVES GOAL ONE Minimize the residential tax burden by raising the commercial /retail /industrial tax bases. 1. OBJECTIVE Develop an Economic Development Plan for the City of Lino Lakes through 2015 that corresponds to the draft Comprehensive Plan's commercial /industrial objectives and any updates and revisions thereto. 2. OBJECTIVE Annually update a one -year Action Plan component of the Five -Year Economic Development Plan. 3. OBJECTIVE Identify opportunities within the Comprehensive Plan for future commercial and industrial growth and initiate planning procedures to manage future growth for the betterment of the community. 3 GOAL TWO Continue a strong and innovative pattern for the growth of quality economic development within the City of Lino Lakes. 1. OBJECTIVE Continue an active economic development process to discover new business opportunities. 2. OBJECTIVE Focus city financial and professional staff resources to enable Lino Lakes to effectively pursue quality economic development opportunities within a competitive business environment. 3. OBJECTIVE Prioritize economic development efforts to ensure that the city's financial commitment in infrastructure, staff time and incentives produces the strongest commercial /industrial tax base, widest range of goods and services and high quality development that will meet the needs of future generations. 4. OBJECTIVE Focus resources on attracting high value industrial, business and professional services enterprises that have an emphasis on job creation. 5. OBJECTIVE Support the growth and well being of existing businesses in Lino Lakes. 6. OBJECTIVE Strive to attain an area wide reputation for being receptive and responsive to new quality economic development. 7. OBJECTIVE Support the continuation of the administrative review process to streamline the planning process for development proposals. GOAL THREE Provide continuous and effective coordination and facilitation of the economic development process. 1. OBJECTIVE Work in coordination with planning, engineering, finance and environment to provide comprehensive departmental procedures for effective and orderly strategies to enable potential new businesses to come to Lino Lakes. 4 • • • • • • 2. OBJECTIVE Review changes to comprehensive zoning ordinances that are developed and /or proposed to be developed to reflect the changing quality of commercial and industrial development in the city. 3. OBJECTIVE Identify changing opportunities and constraints and adapt the city's criteria for prospect selection to achieve the highest quality commercial and industrial development possible. 4. OBJECTIVE Meet with the City Council and other advisory boards as appropriate to ensure continued interaction and communication on economic development policies and projects. GOAL FOUR Implement a long range improvement plan for the "doors" and "windows' of Lino Lakes to redevelop blighted and substandard areas. 1. OBJECTIVE Attract new businesses that are complementary to existing businesses and residential areas, and will contribute to the customer attraction and business interchange of local commercial areas. 2. OBJECTIVE Commit city financial and staff resources to the redevelopment of commercial and industrial properties. 3. OBJECTIVE Ensure that commercial areas surrounded by residential land uses are designed to compatibly coexist, creating a physical sense of neighborhood and an interrelationship between the two land uses. GOAL FIVE Protect and enhance the unique natural environment of Lino Lakes as a sustainable community resource. 1. OBJECTIVE Promote the long -term preservation of the city's high value natural resources by supporting Planned Unit Development as an effective tool for implementing the city's " Comprehensive Plan. 2. OBJECTIVE Maximize the inherent attractiveness of the physical surroundings of 5 each new economic development project. ATTACHMENTS: 1. Definitions of Zoning Districts 2. Inventory of Development from 1996 -2008 3. Economic Development Tools 6 • • • • • ATTACHMENT A DEFINITIONS 1. BUSINESS DISTRICTS Neighborhood Business (NB): Local businesses for convenience, limited office, retail or service outlets which deal directly with the daily requirements of the immediate neighborhood and which are located along a collector or arterial artery. They are not intended to draw customers from the entire community. General Business (GB): Contains a wide variety of business uses including retail, service and semi - industrial uses. They may contain businesses, which tend to serve other business or industry as well as those catering to shopper's needs. Light Industrial (LI): Uses include service industries and industries which manufacture, fabricate, assemble or store, where the process is not likely to create offensive noise, vibrations, dust, heat, smoke, odor, glare or other objectionable influences. Generally, these include wholesale, service and light industries which are dependent upon raw materials refined elsewhere. General Industrial (GI): These are areas which, because of availability to thoroughfares, suitable topography, and isolation, are appropriate for industrial uses of a more intense nature and ones which may have certain nuisance characteristics. ATTACHMENT B Lino Lakes Commercial Projects Location Town Center Town Center Town Center 35E /CSAH 14 Town Center Town Center 35E /CSAH 14 Lake Drive 35E /CSAH 14 Town Center Town Center Town Center Town Center Apollo Drive [Birch/Hodgson Town Center Town Center N 0 O O C■ Q Town Center Lake Drive Lake Drive Apollo Drive Apollo Drive Apollo Drive Town Center Pkwy Lake Drive Town Center Town Center Town Center Year Built CO O) Q) T N- a) O) - CO O) O) T CO O O) T OD O O) - a- 0) O) O) 0 O O N T 0 0 N T 0 O N N 0 0 N 20021 N O O N N O O N 20021 CO 0 0 N CO 0 0 N C) 0 0 N 0 0 N - 0 0 N in 0 0 N CO 0 0 N (0 0 0 N In process N- 0 0 N CO 0 0 N N- 0 0 N (D 0 0 N N- 0 0 N co 0 0 N Square 1 d a) (C r.+ O 0 LL 0 0— c7 0) Cn CO O) 0 0 O Cn 5,0001 0 O O Cn 0 O O (.C) 0 (NI Nt M 0 O r 0 O LC `– 0 O a? r) 182, 760 86,5841 O CO CY O 0 0 (n CO CO 0 O c*) N- o0 `7 r) CO CO h 1.6 15,763 0 0 10 rb 25,872 56,033 25,856 57,486 15,015 a- O) N CO 0 0 In .– r- 12,000 13,000 0 0 V' (O N h- 0) (`') 0 Acreage 1 (O .- CO Cf) N- - 10 CO (NI OD Cr) T Cr) (O • co '- r O a0 O T 15.851 O N N (t) ,-- (n (0 T- T 00 p CD (`') CO T N (7 (n r 2.03 co N CO N 6'0 0 [Project IMedCenters 'Fairview Clinic Patriot Bank 'Clearwater Creek C Store 1 Community Nat'l Bank Fast Break C Store 'Patriot Bank Mueller -Bies Dairy Queen McDonalds 'Target co a 0 'JADT multi- tenant Lake Dentistry Spirit Hills Center 'Spirit Grill & Chill Mueller Office Bldg McCullough multi- tenant Discount Tires 1Rud Surveyors Wells Fargo Metro Land Survey Apollo Landing (Hampton Inn) SMW Credit Union Country Inn & Suites VFW MarketPlace multi- tenant Lakewood multi- tenant Sears 'Totals: • • • • ATTACHMENT C Finance Tools Economic development actions require a framework for financial- decision making. The investment of public dollars to achieve economic development objectives should be guided by several key principles: • Financial resources are limited. The city has limited funding to apply to economic development initiatives, so the use of resources must be targeted to achieve the greatest effect on the community. • Financial decisions require Tong -term perspective. The current use of financial resources may reduce monies available in the future. In evaluating short-term opportunities, it is important to question the long -term impact on community development. • Public funds should lead to private investment. While this section focuses on public finance actions, economic development cannot become reality without private investment. The use of public funds should be targeted to actions that encourage private investment in Lino Lakes. A complete examination of the tools available to the city is not possible, but providing an overview of the most commonly used finance tools is important. Finance plans for actual projects should be made using appropriate technical and legal advice. Tax Increment Financing Tax increment financing (TIF) is the primary development finance tool available to Minnesota cities. TIF is simple in concept, but complex in its application. Through tax increment financing, the property taxes created by new development (or redevelopment) are captured and used to finance activities needed to encourage the development. The challenge in using TIF lies with the complex and ever - changing statutory limitations. These complexities make it impractical to provide a thorough explanation of tax increment financing as part of this plan. Instead, this section highlights the use of TIF as it relates to the implementation of the plan. . Type of TIF Districts Four types of TIF districts have application to the plan. • Redevelopment • Renewal and Renovation • Housing • Economic Development Tax Abatement Tax abatement acts like a simpler and less powerful version of tax increment financing. With TIF, the city controls the entire property tax revenue from new development. Under the abatement statute (Minnesota Statutes, Sections 469.1812 through 469.1815), the city, county, and school district have independent authority to grant an abatement. Special Assessments Public improvements are often financed using the power to levy special assessments (Minnesota Statutes Chapter 429). A special assessment is a means for benefiting properties to pay for all or part of the costs associated with improvements, and to spread the impact over a period of years. This tool can be applied to both the construction of new improvements and the rehabilitation of existing improvements. 5 -22 Adjacent Community Review Draft 11/2008 Limitations The Lino Lakes City Charter makes it significantly more difficult to use special assessments as an economic development tool than in other communities. The City Charter contains a process to allow property owners to use petitions to protest a special assessment project and prevent it from occurring if there is sufficient opposition. In addition, if the proposed special assessment is for Tess than 100% of the cost of the improvement, the City Charter requires a citywide vote on the project. Special Service District • A special service district is a tool for financing the construction and maintenance of public improvements within a defined area. Minnesota Statutes, Sections 428A.01 through 428A.10 govern the creation and use of special service districts. This legislation is currently scheduled to sunset in 2009. A special service district provides a means to levy taxes (service charge) and provide improvements and service to a commercial area. Housing Improvement Area The City has the power to establish a special taxing district to make improvements in areas of owner - occupied housing (Minnesota Statutes, Sections 428A.11 through 428A.21). The housing improvement area is similar in concept to the special service district. It is a special taxing district that can be used to finance a variety of improvements. Utility Revenues The city operates three municipal utilities: water, sanitary sewer and storm water. The revenues from the operation of these utilities are available to pay for capital improvements in support of community development initiatives. State Law (Minnesota Statutes, Section 444.075) gives the authority to pledge these revenues to general obligation bonds for utility system improvements. Street State Aid The city receives state aid for the construction and maintenance of the local streets. This aid can only be used for streets designated for inclusion in the local state aid street system. These revenues can also be pledged to pay debt service on bonds issued for the construction and maintenance of state aid streets (M.S. 162.18). Street Reconstruction A relatively new municipal power is the ability to issue bonds to finance street reconstruction projects (M.S. 475.58). To use this authority, the streets to be reconstructed must be part of a "street reconstruction plan" that describes the streets to be reconstructed, the estimated costs, and any planned reconstruction of other city streets over the next five years. The issuance of the bonds must be approved by a vote of all of the members of the governing body following a public hearing. The issuance is subject to a reverse referendum provision. The city must hold an election prior to issuance if petitioned by voters within 30 days of the public hearing. Unlike most municipal debt, these bonds are subject to the debt limit. Lease Revenue Bonds Public buildings can be financed through the issuance of lease revenue bonds. This tool combines two pieces of statutory authority. A housing and redevelopment authority (or EDA using these powers) has the ability to issue revenue bonds to finance projects pursuant to a redevelopment plan. These projects can include the construction of public buildings. Most HRAs do not, however, have sufficient revenues to secure these bonds. A city can provide this revenue through a lease 5 -23 Adjacent Community Review Draft 11/2008 purchase agreement with the HRA. The authority for the lease comes from Minnesota Statutes, Section 465.71. Capital Improvement Bonds Capital improvement bonds are the newest capital finance power for Minnesota cities. This authority was granted by the State Legislature in 2003. Through this authority, the City can issue bonds to finance the acquisition or betterment of a city hall, a public safety facility, or a public works facility. The statute does not define the precise nature of public safety or public works facilities. This debt authority is subject to several procedural requirements and limitations. Source: Draft 2030 Comprehensive Plan • • • • • • ACTION PLAN EDAC, 2009 - 2010 A. TEAM 1. Economic Development Authority 2. Economic Development Advisory Committee 3. Community Development Staff 4. Consultants: Springsted Kennedy & Graven Bonestroo B. PROJECTS District 1 1. Hodgson Road /County Rd. J Redevelopment 2. Birch Street/Hodgson Road District 2 3. Legacy at Woods Edge 4. Town Center Development 5. Lake Drive Development 6. Apollo Business Park 7. Marshan Industrial Park District 3 1. I -35E Corridor Development C. PROGRAMS 1. Local Business Retention and Expansion 2. Lino Lakes Promotional Program 3. Prospect Subsidy Evaluation 4. Economic Development Evaluation D. FUTURE PROJECTS 1. 1 -35E /J Development 2. Main St/Lake Drive 1 ONE YEAR ACTION PLAN PROJECTS DISTRICT 1 HODGSON ROAD /COUNTY ROAD J ACCOMPLISHED: • A Master Plan identifying appropriate land uses, access and circulation, utility routing and redevelopment opportunities was approved and is a part of the city's Comprehensive Plan (2007) • Traffic signals installed ( 2008) PURPOSE: Facilitate the redevelopment of underutilized and substandard properties at the intersection that benefit the local community by providing goods and services not currently available. TIME FRAME: 2009 -2010 STRATEGIES: 1. Recognizing that redevelopment of the area will require an anchor tenant in order to drive development and needed infrastructure improvements to the area, work with the developers, neighborhood and city council to facilitate the development of a grocer on the 17 -acre site on the west side of Hodgson Road. 2. Recognize that current market conditions and evolving community needs may require reexamination and potential amendments to the 49/J Master Plan. 3. Encourage a developer /neighborhood meeting to develop a list of issues that could negatively impact the surrounding neighborhoods. 4. Work with the developer to address negative impacts through site design, limitation of hours, neighborhood connections and other mitigation techniques. 5. Assist with and encourage redevelopment of negative area characteristics as part of project improvements. 6. Work with new development to provide a "gateway" element. 7. Evaluate the cost /benefits of providing public incentives to a development project for the purpose of removing blight, improving traffic flow and extending infrastructure to the area. 8. Work to retain impacted existing businesses by providing support and technical assistance. 2 • • • • • PROJECTED RESULTS Removal of blighted and substandard structures, extension of utilities, improvements to Hodgson Road and County Road J, and a new anchor tenant can be an impetus for additional mixed use development, including retail, restaurant, service and housing. Development can also provide pedestrian connections to surrounding neighborhoods, improvement of a gateway into Lino Lakes and new services and jobs to the community. 3 District 2 LEGACY AT WOODS EDGE ACCOMPLISHED: • Land Swap (1995) • Civic Complex (1998) • Sale of city property(2004) • Awarded three Livable Communities Grants • Sale of sandblasting plant (2004) • Public financing for completion of infrastructure, including upgrade of Lake Drive (2005) • Infrastructure complete (2006) • Country Inn & Suites (tax base within TIF District (2006) • YMCA (2006) • Lakewood Apartments (affordable component of development agreement) (2007) • 13,000 sq. ft. retail space(2007) PURPOSE: EDAC recognizes that facilitation of the Woods Edge development as the focal point of the Town Center based on the guiding principles established in the Master Plan as a highest priority. TIME FRAME: Ongoing STRATEGY: 1. Work with bank /investors /commercial brokers to generate development interest in purchase of the remaining property. 2. Work with bank /commercial brokers to generate interest in existing tenant space. 3. Promote the unique opportunities for mixed use and higher densities available on this site. 4. Develop additional development options for the city council to consider based on current market conditions and developer interest. PROJECTED RESULTS: The Woods Edge project will incorporate public facilities into a mixed - use commercial /residential development center to provide municipal services, a physical sense of identity for the City, an active, pedestrian - oriented environment, and a profitable business center. The City initiative has used city facilities and the YMCA as a means to stimulate private development, increase the value of land along I -35W, enhance 4 • • • • the City's tax base, and provide more direct control over the quality of development within the City. TOWN CENTER DEVELOPMENT ACCOMPLISHED: PURPOSE: • Shopping Center development • Target /Kohl's on tax rolls in 2008 after tax abatement agreement • Interchange /35W bridge improvement complete. • Anoka County Library site selected • Additional retail, multi- tenant, hotels, banks, fast food. Facilitate the development of the Town Center area to ensure high quality mix of retail, service, restaurant and office space that services the needs of the residents and draws on the regional market for success. • TIME FRAME: Ongoing • STRATEGY: 1. Continue to work with developers, landowners and prospects. 2. Identify redevelopment opportunities within the Town Center and recommend public investment strategies to facilitate redevelopment of blighted and underutilized land. 3. Continue long range planning efforts to integrate existing and new development through a mix of uses, connecting pedestrian walkways, architecture and landscaping. PROJECTED RESULTS: The Town Center will create a physical sense of identity for the City, and a profitable business center that will increase the value of land along I -35W, enhance the City's tax base, create jobs and provide a wide range of goods and services for the community. 5 LAKE DRIVE DEVELOPMENT • Completion of city land sale at 49/J (2006) • RUD Survey development of Gateway corner (2006) • Completion of design plan for gateway elements (implementation not funded) • Schwan's relocated to Marshan Business Park (2006 • Schwan's buildings on Lake Drive demolished (2007) PURPOSE: TIME FRAME: STRATEGY: Establish an environment that favors more orderly commercial and industrial growth on Lake Drive from Hodgson Road to Main Street in Lino Lakes. Ongoing 1. Identify areas for redevelopment due to existing non- conforming conditions, compatibility problems or under - utilization of the site. 2. Consider costs /benefits to purchasing 6931 Lake Drive on a 3 -year option. Identify best use of properties in the Triangle and marketing strategies. 3. Consult with City Council regarding vision and policies for 3- acre city -owned site on Lake Drive /77`h Street 4. Facilitate the development of new retail and office centers on Lake Drive, including the city owned parcels (3 acres), by promoting redevelopment TIF to assist in the purchase and demolition of non - conforming uses. 5. Identify opportunities to consolidate site access points and promote shared driveways. PROJECTED RESULTS: Development of Lake Drive from Hodgson Road to Main Street in a manner that realizes its full potential and meets the objectives in the Comprehensive Plan 6 • • • • • • APOLLO BUSINESS PARK ACCOMPLISHED: • All parcels sold in business park, park to full buildout • Multi - tenant rental properties developed as incubator space • Last TIF District will be decertified at the end of 2009 • More than 1,000 jobs • More than 400,000 sq. ft. manufacturing /distribution PURPOSE: Continue marketing the Apollo Business Park to high quality companies to support full occupancy of existing buildings. TIME FRAME: STRATEGY: 1. Work with landowners, landlords and prospective users to market vacant properties and leasable space in the business park. 2. Strategize methods for creating opportunities based on current market trends. 3. Develop a list of companies with a potential to move or expand. 4. Target which employers to contact in 2009. 5. Develop a retention strategy for existing /expanding businesses in the park. PROJECTED RESULTS: Full occupancy of Apollo Business Park, realizing the optimal tax base and job creation. MARSHAN INDUSTRIAL PARK APOLLO LANDING ACCOMPLISHED: • Two businesses sold in business park, two sites remaining • TIF District formed in 2003. PURPOSE: Full occupancy of Marshan Industrial Park TIME FRAME: Ongoing STRATEGY: 1. Continue working with Rehbein Cos. to market vacant properties 2. Strategize methods for creating opportunities based on current market trends. PROJECTED RESULTS:Full occupancy of Marshan Industrial Park, realizing the optimal tax base and job creation. 7 District 3 35E CORRIDOR ACCOMPLISHED • Clearwater Creek Development Center improvements (1990s) • 3 industrial users • AUAR Complete for entire corridor • Main Street reconstruction complete to 35E • Interchange planning on hold until funding sources identified PURPOSE: TIME FRAME: STRATEGY: Coordinate the planning of the 35E Corridor to ensure comprehensive policies for design, development and financing are in place to promote high quality commercial /industrial land uses. 1. Facilitate the development of Clearwater Creek Development Center as a generator of tax base to provide a source of public revenue for major infrastructure improvements on the 35E interchange. 2. Promote the use of economic development tools generated by new development to finance needed public improvements, thus promoting additional economic development. 3. Continue a productive working relationship with local landowners and jointly market land to private light industrial and commercial companies and developers. 4. Promote the redevelopment potential of the Clearwater Creek Development Center to enhance its marketability. PROJECTED RESULTS An integrated plan that is proactive in its approach to transportation improvements, land use, and greenway development to ensure this major development corridor is designed to foster high quality professional, light industrial, commercial and residential use. This plan will allow the City to facilitate the orderly economic development of the eastern "door" to Lino Lakes to enhance the city's tax base. 8 • • • • • • ONE YEAR ACTION PLAN PROGRAMS LOCAL BUSINESS RETENTION AND EXPANSION PROGRAM ACCOMPLISHED: • EDAC business survey (2008) • Schwan's relocation (2006) • Chaired Quad Business Expo (2008) • Birch Street Corridor Study underway (2009) PURPOSE: To provide an atmosphere of support and recognition of local business and industry's contribution to Lino Lakes and to encourage growth within the City. TIME FRAME: Ongoing STRATEGY: 1. Continue initiating regular contact with businesses in Lino Lakes to develop a positive public /private relationship. 2. Direct prospective tenants to available leasable and for -sale space in shopping centers and business parks. 3. Encourage the use of public incentives to move incompatible existing businesses located within the city to compatible sites within Lino Lakes. 4. Continue updating the inventory of existing businesses for on -going communications. 5. Continue updating the inventory of land and buildings that are for sale or lease on the city's website. Make the site more visible. 6. Work with the local media to publicize achievements and contributions of local businesses within the community. 7. Work with the local Chambers of Commerce to provide additional support to local businesses. 9 PROJECTED RESULTS: The program is expected to enhance communication between local businesses and the City to produce a positive business climate, support growth and retain industry within the City. Acting as a partner with local business will enhance the City's reputation for being receptive to quality economic development. 2. LINO LAKES PROMOTIONAL PROGRAM ACCOMPLISHED: PURPOSE: Focus the marketing /promotional campaign to effectively define the image Lino Lakes wishes to enhance, define the target audience, and communicate that image through a variety of public relations efforts. TIME FRAME: Annual STRATEGY: 1. Develop cost effective branding program and promotional materials to effectively communicate the opportunities available in Lino Lakes to developer leads, the media and targeted businesses. Budget required. 2. Communicate with developers regarding their perception of Lino Lakes as a place to do business. PROJECTED RESULTS: The development of a Lino Lakes "image" as a community offering high quality housing, excellent business opportunities, good schools, and a country -like atmosphere close to the heart of the metro area. • • 10 • • • • 3. PROSPECT SUBSIDY EVALUATION ACCOMPLISHED: PURPOSE: Regular review and evaluation the City's financing program as part of long range economic development planning to optimize the use of tax increment financing and other funding sources. TIME FRAME: Annual STRATEGY: 1. Reevaluate the city's TIF policy to ensure it is compatible with the city's goals and objectives. 2. Prioritize the potential uses for business subsidies to ensure that the city's financial tools and limited resources are resulting in the highest potential development. 3. Continue public education regarding the appropriate use of financial tools to encourage development, the long -term benefits of city participation in commercial /industrial growth, and the need to ensure financial stability through a broad tax base that is Tess dependent on residential taxes. PROJECTED RESULTS: An ongoing evaluation of current and future uses business subsidies will promote development within the City in a manner that most effectively benefits the city's tax base. 11 4. ECONOMIC DEVELOPMENT EVALUATION ACCOMPLISHED: • EDAC participation on the Comprehensive Plan Advisory Panel • Completion of a draft Comprehensive Plan currently under council review PURPOSE: TIME FRAME: STRATEGY: Periodic review and evaluation of city policies, plans and procedures to ensure the mechanisms available to the city are implementing the city's objective to strengthen the tax base. 1. Support the city council in a periodic review of the city's Land Use, Transportation, Utilities and Growth Management Plan to determine if adjustments are necessary to meet the city's goals and objectives. 2. Participate in ordinance review that is relevant to economic development upon approval of the Comprehensive Plan 3. Encourage the involvement of citizens and business owners in public discussions if it is determined that periodic strategy realignment is necessary. 4. Develop criteria for evaluating prospective development so that EDAC and the city council can work together to balance the rights of property owners, residents and developers in order to achieve development that improves the community as a whole. PROJECTED RESULTS: Effective management practices that protect the city's natural resources, achieve economic sustainability and maintain high standards for growth and development. • • 12 • • • • WS — Item 2 WORK SESSION STAFF REPORT Work Session Item 2 Date: 1 June 2009 To: City Council From: Dan Tesch, Director of Administration Re: Charter Commission Audit Background In October 2008, the City Council was presented with a written request from the Citizens for Safer Roads to conduct an audit of the practices of the Lino Lakes Charter Commission. Mr. Michael Dougherty of SSDM Attorneys /Advisors was charged with the audit. Please find herein said audit. Attachment(s) Charter Commission Audit 1 SSeverson, Sheldon, Dougherty a Molenda, P.A. EVERSON SHELDON D el Attorneys 1 Advisors MEMORANDUM TO: Dan Tesch, Director of Administration FROM: Michael G. Dougherty DATE: April 6, 2009 RE: Investigation of Charter Commission Materials Our office has been asked to issue an opinion regarding certain activities undertaken by the City of Lino Lakes Charter Commission. These activities were taken in association with a question placed on the municipal ballot at the general election on November 4, 2008. In the performance of these activities, the Charter Commission incurred expenses which were then directed to the City of Lino Lakes for payment. ACTIVITY • In October 2008, the Charter Commission contracted with Summit Printing, Inc. for the production of 6,500 flyers. A banner on the flyer appears as follows: Vote "No" to KEEP Your RIGHTS Vote "yes" t • ive them up The flyer directed the reader to www.linocharter.org for more information and further stated that the flyer was prepared and paid for by the Lino Lakes Charter Commission. • In October 2008, the Charter Commission contracted with Mailing Solutions for the purposes of mailing 6,481 flyers to addresses in Lino Lakes. • In October 2008, the Charter Commission contracted with PoliGraphics for the production of fifty two -sided printed lawn signs. Each lawn sign contained the following message per side: • • • • • • www. Li noCharter..org Know Your Rights The lawn signs contained the following. "Prepared and paid for by the Lino Lakes Charter Commission, 600 Town Center Parkway, Lino Lakes, Minnesota 55014 ". • www.linocharter.org is a Web Site/URL that carries a banner that reads "Lino .. Lakes Charter Commission ".1 In October of 2008, the Home Page of the Web Site contained the following language: On November 4, citizens of Lino Lakes will be presented a ballot question to determine how road widening, reconstruction, city utility expansion and other public improvement projects will be managed. Under the provisions of Chapter 8 of the current city charter, citizens enjoy certain rights for assessable projects that will be lost should the ballot issue pass. The material on the Web site contains the following notation: Copyright 2008. Lino Lakes Charter Commission. All rights reserved. While the Web site contains many "pages," the majority of the content centered around the theme that in Lino Lakes, the only measure currently in place that allows voters to restrict tax increases imposed by the City Council is in Chapter 8 of the Lino Lakes City Charter. An example of such content is the following: "If the charter amendment passes, all citizen input will be surrendered to the City Council... the checks and balances offered by the current city charter would be null and void." AUTHORITY OF THE CHARTER COMMISSION The existence of a charter commission is conferred by the state legislature. The commission's only powers are those expressly conferred by statute or implied as necessary to aid in those expressly conferred powers. The charter commission has no authority to undertake any action without the existence of enabling legislation to support such activity. In other words, the charter commission has no inherent power. The charter commission's expressed powers are only found in Chapter 410 of the Minnesota Statutes. The powers of the commission enumerated in Chapter 410 are as follows: 1 The cost of operating and maintaining the Web Site were not directed to the City of Lino J akes for payment, and are not further addressed in this opinion. • Make rules with reference to its operations and procedures — Section 410.05, subd. 2 • Submit to the chief judge of the district court each year an annual report and forward a copy of the report to the clerk of the city — Section 410.05, subd. 2 • May submit to the court the names of eligible nominees to be considered in making appointments to the charter commission — Section 410.05, subd. 3 • To meet at least once each calendar year and upon presentation of a petition — Section 410.05, subd. 4 • May discharge itself by a vote of 3/4 of its members — Section 410.05, subd. 5 • May employ an attorney and other personnel to assist in framing such charter, and any amendment or revision thereof, and direct the reasonable compensation and the cost of printing such charter, or any amendment or revision thereof, to be paid by such city — Section 410.06 • Deliver to the clerk of the city either (1) its report determining that a home rule charter for the city is not necessary or desirable, or (2) the draft of the proposed charter — Section 410.07 • Any time before the council has fixed the date of the election upon the proposed charter, the charter commission may recall it for further action — Section 410.10, subd. 1 • If any charter so submitted be rejected, it may propose others until one is adopted — Section 410.10, subd. 4 • May propose amendments to a charter and shall do so upon petitions of voters — Section 410.12, subd. 1 • Modify or approve any summary of a proposed ordinance — Subd. 410.12, subd. 1 • Transmit petitions for charter amendments to the city council — Section 410.12, subd. 3 • Review for approval or rejection any city council proposed amendment or to suggest a substitute amendment and notify the council of any action taken — Section 410.12, subd. 5 A review of the activities undertaken in October of 2008 begins with the purpose of the action and the authority to support it. The October activities particularly consisted of the Commission contracting for the production of communication material (e.g. flyers and lawn signs). The expressly conferred powers of a charter commission, as set forth above, do not include the authority to contract for flyers and/or lawn signs. Moreover, the contracts for the material are unnecessary to aid in the carrying out of an express power. In analyzing the authority of a school district to pay for literature concerning a levy referendum, the Minnesota Attorney General opined that from the school board's express authority over the "care, management and control" of school district business, the board had an implied authority to provide factual information to the public regarding the effect the vote would have on the "care, management and control" of the district. Unlike a school board or city council, a charter commission is not charged with the management and control of public property or public employees or city business. The legislature has not enabled the charter commission with a general set of public powers, 3 • • • • • • In 2005, the Minnesota State Auditor's Office was asked to opine on the design and distribution of a flyer by a charter commission. The Auditor, citing to the Attorney General's opinion, stated that the charter commission lacked authority to produce and distribute an educational flyer. The Auditor stated that a charter commission has a narrowly limited statutory purpose. That purpose is to draft and present the charter or any amendments to the city. INFORMATIONAL MATERIAL VS. ADVOCACY As previously noted, unlike public entities charged with management and control of public assets, the charter commission has no express or implied authority to create communication, flyers or lawn signs. Notwithstanding the issue of authority, no public entity, including a charter commission, may advocate for the passage or defeat of a local ballot question. While every action of the charter commission must be legislatively supported, such actions must also have a proper public purpose. The Minnesota State Attorney General's office and the Minnesota State Auditor's office have each authored opinions that there is no public purpose for a public entity to take a position on a ballot question. Additionally, each office has clearly asserted that public funds may be not be used to advocate for the adoption or rejection of any ballot question and by extension local government units may not give money to an organization to advocate or campaign for or against a ballot question. The conduct of a campaign by governmental entities before an election for the purpose of influencing the voters is not the exercise of any legitimately proper legislative power. Public funds may not be used in support of only one side of any election issue. Any such activity is beyond the role of government. "Vote No to KEEP Your RIGHTS. Vote yes to give them up." There can be no clearer example of advocacy literature that fits the prohibition articulated by the Minnesota State Attorney General's office and the Minnesota State Auditor's office. Similarly, while less discerning than the direct language found in the flyer, the lawn signs coupled with the Web Site2 clearly contain prohibited advocacy. FAIR CAMPAIGN PRACTICES Under Chapter 211B of the Minnesota Statutes — Fair Campaign Practice, political purposes is defined as "an act intended or done to influence, directly or indirectly, voting in a primary or other election." Minn. Stat. §211B.09 states that an employee or official of the state or of a political subdivision may not use official authority or influence to compel a person to apply for membership and/or become a member of a political organization, to pay or promise to pay a political contribution, or to take part in a political activity. In her Statement of Position made in 2008, the Minnesota State Auditor referred to these statutes while noting that Minnesota's Campaign Practices law appears to prohibit public officers and employees from approving the 2 We note that the Web site contains a statement that the Web site is 100% paid for through volunteer contributions by members of the Lino Lakes Charter Commission. However, there can be no doubt that the Web Site belongs to the Commission as evidenced by the style, title, use of the Commission's name, and more importantly through the copyright in the name of the Comuj ssiou. expenditure of funds for ballot issue advocacy. The Auditor's concern statement would appear to apply to the entering into contracts for the production and distribution of materials for ballot issue advocacy. As clearly noted on the materials, the flyer and lawn signs indicate that they were prepared and paid for by the Lino Lakes Charter Commission. PAYMENT OF CHARTER COMIVHSSION'S EXPENSES The City Council also asked for direction regarding the charter commission expenses for which it is obligated to pay. The sole applicable provision of Minnesota law is: Minn. Stat. § 410.06 Compensation; expenses The members of such commission shall receive no compensation, but the commission may employ an attorney and other personnel to assist in framing such charter, and any amendment or revision thereof, and the reasonable compensation and the cost of printing such charter, or any amendment or revision thereof, when so directed by the commission, shall be paid by such city. The amount of reasonable and necessary charter commission expenses that shall be so paid by the city shall not exceed in any one year the sum of $10,000 for a first class city and $1,500 for any other city; but the council may authorize such additional charter commission expenses as it deems necessary. Other statutory and charter provisions requiring budgeting of, or limiting, expenditures do not apply to charter commission expenses. The council may levy a tax in excess of charter tax limitations to pay such expenses. The first sentence of this statute provides authorization for the charter commission to employ an attorney and other personnel to assist in framing the charter and any amendment. This sentence also provides that the reasonable compensation and cost of printing the charter shall be paid by the city when so directed by the charter commission. The second sentence of the statute caps the City of Lino Lakes' liability for the charter commission's reasonable and necessary expenses at $1,500.00 per calendar year; but it allows the City of Lino Lakes to authorize the payment of additional legitimate charter commission expenses as the City Council deems necessary. Minn. Stat. § 410.06 has not been the subject of any reported lawsuits.3 However, the section has been the subject of interpretation by state agencies and most recently by the Dakota County District Court. The interpretations can be distilled as follows: • The City (Lino Lakes) has no obligation to pay any charter commission expenses in excess of $1,500.00 per year. • Should the Council decide to pay charter commission expenses in excess of $1,500.00 per year, the Council must deem such expenditures as necessary. • The reasonable amount of any compensation paid to an attorney or other personnel is a determination to be made by the charter commission. 3 Published casts by the Minncsota Court of Appeals or the Federal Court System. 5 • • • • • • The charter commission expenses to be paid by the City must solely relate to: (i) the employment of an attorney and other personnel to assist in framing the charter or any amendment or revision and/or; (ii) the cost to print the charter and any amendment or revision. It is not enough that the expenses be reasonable and necessary. These interpretations are consistent with the language used in Section 410.06, taken together with Chapter 645 of the Minnesota Statutes governing the canons of interpretation. "[G]eneral words are construed to be restricted in their meaning by preceding particular words... "4 In the cases discussing this canon, it has been held that: where, in a statute, words particularly designate specific things (reasonable compensation and cost of printing) and are followed by words of general import regarding comprehensively designating things (reasonable and necessary charter commission expenses), the latter are generally to be regarded as comprehending only as to the matters particularly stated. In other words, the latter used phrase (reasonable and necessary commission expenses, found in sentence two of §410.06) solely relates to the prior phrase (reasonable compensation and cost of printing, found in sentence one of §410.06). The first part of Section 410.06 particularly designates that the commission may contract for the reasonable compensation of an attorney or other personnel for the sole purpose of framing a charter and amendments. Following the limited contractual language are the words that prescribe the payment of $1,500.00 by the City using the general term of "reasonable and necessary charter commission expenses ". Under the rules of construction the phrase "commission expenses" relates solely to the payment of compensation to an attorney or others employed to assist in framing amendments or revisions to the charter (the cost of printing the amendment or revision is also included.) Recently, the Dakota County District Court, in denying a charter commission's request for reimbursement from the City for the cost of producing a Web Site, found that for expenses to be paid by the city, the expenses must relate to the statutory itemized expenses of: (1) the employment of an attorney and other personnel to assist in framing the charter and any amendment or revision and (2) the cost to print the charter and any amendments or revision. A city is not authorized by statute to pay for other charter commission expenses. The Court's interpretation also conforms to the position of the Office of the State Auditor. The Office of the Auditor has stated that to "simply annually appropriate $1,500 to a charter commission .... is inconsistent with the statute." The expenses must be reasonable and necessary and related to the charter commission's purpose and powers laid out in the statute." 4 Minn. Stat. § 615.08, subp. 3 (2008). SOURCES FOR OPINION • Flyer entitled Keep Your Rights prepared and paid for by Lino Lakes Charter Commission • Invoice from Summit Printing, Inc. for Charter Commission flyer • Invoice from Mailing Solutions to Lino Lakes Charter Commission for mailing piece • Invoice from PoliGraphics to Lino Lakes Charter Commission for 50 lawn signs • Printed material from Web site: www.linocharter.org (Copyright 2008. Lino Lakes Charter Commission. All rights reserved.) • Opinion of the Attorney General 159a -3 (May 24, 1966) • Opinion of the Attorney General 159b -11 (September 17, 1957) • Findings of Fact, Conclusions of Law, Order and Order for Judgment and Judgment in Bette Fedde, on behalf of the Eagan Charter Commission v. City of Eagan, Dakota County District Court (May 5, 2008) • Statement of Position by Rebecca Otto, Office of the State Auditor, Expenditure of Public Funds on Ballet Issue Advocacy (2008) • Minn. Stat. Chapter 410 • Minn. Stat. §211.B.01 and 211B.09 • Minn. Stat. §210.06 • Minn. Stat. Chapter 645 • • 7 • • SSeverson, Sheldon, Dougherty Et Motenda, P.A. EVERSON SHELDON Ei fl D el Attorneys I Advisors MEMORANDUM TO: Dan Teach, Director of Administration FROM Michael G. Dougherty DATE: April 10,2009 RE: wry oiAttomey Opinion In accordance with your request, the following summarizes the key components of our written opinion dated April 6,2009, regarding the investigation of Charter Commission iviatexiat• • The Clymer Commission has limited powers which are emumented in Chapter 410 of the Minnesota Statutes. • The and Commission may only contract for (1) the employtnent of an attorney and Other ' perrammel to assist in framing a charter and any Mite:id/Tient or revision and (2) the cost of ing the charter and any amendment or revision. • The Cormramtion does not have any express or implied powei the preparation dillies, lawn signs and/or Web sites . preiParo or centred fOr • TheCharterrenzussion has no expsress or milked power tO niannwand control public property, rdiio employees ot city business. • lvfninesota Statutes limit the City of lino Lakes' payment of charier cenunissjen expenses oest of attorney and other personnel sitting in the amendment or revhdon of the chatter and cost or Printing) tO S1,500.00 per year • The City of Lino Lakes may -exceed the $1,500.00 per year limit if the-Council deems the excess payment (cost of attorney and other personnel assisting the amendment or revision of the charter and cost &priming) to be necessary. • When directed by the Charter Commission for payment, the payment made by the City of Lino. Lakes shall be paid directly to the vendor (attorney or printer). cc: Al Rolek, Finance Director WS -3 WORK SESSION MEMORANDUM STAFF ORIGINATOR Al Rolek MEETING DATE June 1, 2009 TOPIC 2008 Audit Report Michelle Bruley and Craig Poppenhagen of LarsonAllen, LLP will be in attendance at the meeting to present the 2008 Annual Financial Report and provide an overview of the City's financial statements, present the auditor's management analysis and answer any questions you may have with regard to the financial condition of the City. The 2008 annual audit was undertaken by the City's auditors, LarsonAllen, LLP, earlier this year, with field work being completed in late March. The auditors review all financial transactions and the financial reports of the City over the previous year for their faimess in presentation and for full disclosure of all material aspects of the City's financial condition. This review is conducted in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in U.S. Govemment Auditing Standards, issued by the Comptroller General of the United States. The auditors concluded that the City's financial statements for 2008 presented fairly, in all material respects, the financial position of the City as of December 31, 2008. The auditors also issue their reports on the City's legal compliance with certain laws, regulations, contracts, etc., our internal control structure, and management issues. It should be noted that the City has received the Certificate of Achievement for Excellence in Financial Reporting from the Govemment Finance Officers Association of the United States and Canada for its 2007 Comprehensive Annual Financial Report. We believe that the report issued for 2008 continues to uphold the standards of reporting excellence that this prestigious award represents. The presentation at the work session will be comprehensive and is intended to provide the opportunity for council members to ask any questions or make comments about the audit report and the state of city finances. Ms. Bruley and Mr. Poppenhagen will also give an abbreviated presentation at the regular City Council meeting on June 8, 2009, and the staff recommends that the City Council formally, by motion, accept the 2008 Annual Audit Report at that time. NOTICEABLY DIFFERENT Cit y of Lino Lakes, Minnesota December 31, 2008 Auditor Communications Required Communications U V T. at Ct o v) c 0 O 0 ct v) ci) 45 N t--'t 6 o A__ v) 7.8 ,c) (1) ct -4 71- ti) oo 1 z) .. v) cA c,) ct (1.) -'' 4.) U ;--4 • 1-4 (.. g v) 4) 1 U ct rz, .— !Di) ct ,ct .5 kr) Aaj ct o G4+ cl) • ai 8 to cp 'c'A — Depreciation of capital assets — Investment values — Compensated absences Required Communications (continued) N er.an ct O • Received full cooperation from management • PS CD Ammo O V O V 5 E O c.) Po cu Cfl P4 CD 4) r-ci 7714 L7-1 0 0 • 1'1i1IJ1 1* I1 2 1 Government -wide financials • a) c) U ¢' • r-4 a) O O N (L)11 cd 71) ct .� 0 N C g Ct • o 77,1 Cn CNI C44 r" O Czt U cr) N N O v� cd ;_ N r--a I I General fund O .... O ... v II P., U 0 • 1■4 ct O cn bA czt O '."E 0 CT Ocd N N :-(54 if, •O O ca3 E g 0 ° 0 fal ct CA 000 II a) ct cA • -4 - 0 N 0 U btA t-0 0 ww r-,OO r. . 5 .. I I -J I 1 1 • • — Cash & investments — Revenue & receivables Internal controls — Clean report O 4 cA 7i E (/) U to ct • ■4 O CL) o O0 O — ct bA 4) b) `t a) ,� ' ,--4 cc3 ct O c74 N 0 (O W • 0 U f., • • f- 2 W CC W W MGR EABLY D 4.4 5 ow to ct cl NOTICEABLY DIFFERENT Inventory Capital Assets V] 4.1 E N 4/:j �-+ N cao C71 U Cid •U cd w • ct U U w Z I I • • v Michelle Bruley, Senior Craig Popenhagen, Principal Ph. 612 - 397 -3077 Ph. 612- 397 -3087 mbruley @larsonallen.com cpopenhagen @larsonallen.com CITY OF LINO LAKES, MINNESOTA OTHER AUDITOR REPORTS YEAR ENDED DECEMBER 31, 2008 CITY OF LINO LAKES, MINNESOTA TABLE OF CONTENTS DECEMBER 31, 2008 Page Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Governmental Auditing Standards 1 Report on Minnesota Legal Compliance 6 Other Required Auditor Communications 8 New Accounting and Reporting Standards 13 Lars•nAllen CPAs, Consultants & Advisors www.larsonallen.com REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Honorable Mayor and Members of the City Council City of Lino Lakes, Minnesota We have audited the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of Lino Lakes, Minnesota as of and for the year ended December 31, 2008, which collectively comprise the City's basic financial statements and have issued our report thereon dated May 26, 2009. We conducted our audit in accordance with U.S. generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered the City's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is Tess severe than a material weakness, yet important enough to merit attention by those charged with governance. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the City's financial statements will not be prevented, or detected and corrected on a timely basis. Our consideration of the internal control was for the limited purpose described in the first paragraph and was not designed to identify all deficiencies in internal control that might be deficiencies, significant deficiencies, or material weaknesses. We did not identify any deficiencies in internal control that we consider to be material weaknesses, as defined above. 1 LarsonAllen LLP is a member of Nexia International, a worldwide network of independent accounting and consulting firms. INTERNATIONAL. Honorable Mayor and Members of the City Council City of Lino Lakes Compliance and Other Matters As part of obtaining reasonable assurance about whether the City's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. During the course of our audit, several items came to our attention that we feel could be addressed by the City of Lino Lakes to more efficiently run the City's operations or improve its internal controls. We herein submit the following suggestions to the City of Lino Lakes for their consideration. Auditor Comments: Capital Project Deficits The financial statements for the capital project funds are presented in Statements 3, 5, 12, and 13 of the 2008 Annual Financial Report. As of December 31, 2008, four capital project funds have deficit fund balances equaling a combined deficit of $1,716,501. While this is an on -going comment, we would Tike to recognize the significant improvements made related to fund balance deficits over the past four years. The following describes the status of each of these funds: - One of the deficits is very typical for any city operating a TIF fund (TIF 1 -11). This fund showed positive operating results with revenues in excess of expenditures of $60,435 for 2008. - The second deficit is simply a timing difference between expenditures and the related MSA funding source (CSAG 14/8 Reconstruction Project). As anticipated, this fund will continue to run a deficit until the project nears completion and the MSA revenue is recognized. - The third has specifically been addressed by the Council and a plan is being implemented to reduce the deficit over the near future (Dedicated Parks). This fund showed positive operating results with revenues in excess of expenditures of $60,480 for 2008. - The fourth deficit is from the 135E Interchange Fund. The fund was new during 2008 and incurred one expense. This is a County project and at this time the City does not know the final plans of the project. Area and Unit Charge Fund On January 11, 1988, the City Council approved Resolution 1 -88, which established the Area and Unit Charge Fund for the City. The purpose of this fund is to collect various area and unit charges to be used to meet debt payments. Before October 1 of each year, the City estimates the required transfer needed to meet debt payments for the subsequent year. In December, these estimated amounts are transferred to the various debt funds. We recommend that the City continue to closely monitor actual versus projected area and unit assessment collections to assure that debt payment requirements will be met. Designations of balances required for debt service is necessary to define discretionary construction balances available to the City. The financing plan for the following bond issues have pledged area and unit charges for the repayment of debt service: • Improvement and Utility Bonds of 2004A • Water Revenue Bonds of 1999B • Water Revenue Bonds of 1996B (2) Honorable Mayor and Members of the City Council City of Lino Lakes The Improvement and Utility Bonds of 2O04A have future debt service requirements (principal and interest) totaling $1,396,532. During 2008, transfers of $460,098 and $82,813 were made to the Improvement Bonds of 2005B and Improvement Refunding Bonds of 2003A debt service funds. The Water Revenue Bonds of 1999B were paid off during 2008. The City annually transfers amounts from the Area and Unit Charge Fund to the Water Fund sufficient to help cover the debt services of these bonds. During 2008, no transfer was made to the Water Fund. It is the City's intention to repay the Water Revenue Bonds of 1999B and 1996B with revenues of the Water Fund. If revenues are not sufficient to meet the debt requirements, funds will be transferred from the Area and Unit Charge Fund. DEBT SERVICE FUNDS Debt service funds are a type of governmental fund used to account for the accumulation of resources for the payment of principal and interest on general obligation debt (other than enterprise fund debt). Debt service funds may have one or a combination of revenue sources pledged to retire debt including property taxes, tax increments, special assessments and area and unit charges. The diverse nature of the type of debt included in the same fund type requires careful analysis to determine the adequacy of the fund balance and projected fund balance. The following schedule extracts information from Exhibits 2 and 3 of the 2008 Annual Financial Report to assist in this analysis. The following schedule compares outstanding debt with assets pledged for debt retirement. This comparison provides a means to judge (at least on a preliminary basis) the financial position of each individual debt service fund. Fund Description General Debt: Certificates of Indebtedness Lease Revenue Bonds of 1998A Public Project Revenue Bonds 1999C Tax Abatement Bonds 2006C Utility Revenue Bonds 2006D CIP Refunding Bonds 2006E TIF Bonds 2007A Special Assessment Debt: Improvement Bonds of 2002A Improvement Bonds of 2002B Improvement Bonds of 2003A Improvement Bonds of 2003B Improvement Bonds of 2004A Improvement Bonds of 2005A Refunding Imp. Bonds of 2005B December 31, 2008 Fund Balance Deferred Revenue Total Deferred Tax Levies Total Remaining Over Resources Debt Service (Under) Available Scheduled Funded $ 117,925 $ 7,846 $ 125,771 $ 502,810 6,659 509,469 355,116 3,616 358,732 55,851 2,683 58,534 17,316 153,630 170,946 61,626 3,292 64,918 126,659 - 126,659 489,508 126,788 104,570 3,631,190 3,843,210 5,970,514 $ 615,279 $ 232,375 $ 382,904 636,257 410,000 226,257 463,302 194,259 269,043 3,689,724 3,509,992 179,732 170,946 621,941 (450,995) 3,908,128 3,720,000 188,128 6,097,173 5,601,433 495,740 $ 1,237,303 $ 177,726 $ 1,415,029 $ 14,165,780 $ 15,580,809 $ 14,290,000 $ 1,290,809 $ 262,748 $ 83,522 $ 346,270 $ 29,972 $ 938,512 386,395 1,324,907 - 54,728 184,340 239,068 86,724 41,873 128,597 129,745 311,056 217,589 528,645 1,511,874 1,069 5,370,475 5,371,544 6,848,539 513,132 314,854 827,986 3,094,482 376,242 1,324,907 239,068 258,342 2,040,519 12,220,083 3,922,468 $ 149,198 $ 227,044 1,357,060 (32,153) 882,571 (643,503) 204,903 53,439 1,396,532 643,987 6,935,546 5,284,537 3,430,470 491,998 $ 2,167,969 $ 6,599,048 $ 8,767,017 $ 11,614,612 $ 20,381,629 $ 14,356,280 $ 6,025,349 Note: Deferred revenue in the above table does not include the future scheduled "interest portion" of the adopted assessment rolls. The 2004A Improvement Bonds also include a pledge from the Area and Unit Fund that has not been included above. (3) Honorable Mayor and Members of the City Council City of Lino Lakes The above table provides a means for monitoring the status of the debt service funds. For the General Debt funded solely by property taxes, it appears that there are adequate planned levies to retire the debt when the future lease revenues scheduled to be received from the school district are included. While in total the City has a surplus of total resources available over remaining scheduled debt service based on the calculation above, certain individual funds are operating at a deficit. These deficits will need to be funded by future adopted assessment rolls, special assessment levies, investment earnings, transfers from other funds, property taxes or other available means. Factors to consider when analyzing debt service funds: • Are all the anticipated assessment rolls being adopted as soon as appropriate? • Have all the planned financing sources been identified, such as pledged amounts from the area and unit fund or future MSA funds? • Are there significant "prepayments" received from property owners? In the current investment environment, will the earnings the City will receive on these prepayments be lower than the interest rate that was being charged on the adopted assessment roll? The Area and Unit Fund is committed to the debt service of some special assessment bonds as well as toward the water revenue bonds. The City's five -year operating plan addresses the above issues and therefore, this comment is simply a reminder of the extent that repayment of certain debt is based on pledged sources from the Area and Unit fund. Cash Receipts During our audit, we performed walk throughs on the park and recreation cash receipting process. It was noted during our procedures that there is not a review process in place for credits applied to customers accounts. To provide proper control over the credit application process, we recommend an individual from outside the department review credits applied to individual customer accounts for reasonableness. Information Technology Software Administration — We noted that access to the server is authenticated via a generic admin user ID and password. Best practices advise the City to implement complex passwords for the server hosting the general ledger system. At a minimum, passwords should be 8 characters, alphanumeric, and expiring at a minimum of every 90 days. Physical Security — We noted that the server room is not temperature controlled. We therefore recommend that the City consider installing environmental controls to adequately safeguard network infrastructure from excessive heat, cold, dust, etc Disaster Recovery Plan — We noted that the City has not established a formal, written business continuity or disaster recovery plan to be used in the event of a disaster. We therefore recommend the City develop a written plan to support the recovery of the technical infrastructure that can be used for testing and training purposes. In addition, the plan should be constructed in a format that could be followed by individuals not familiar with City operations in the event "key" information technology personnel are affected by the disaster event and are not available to execute recovery activities. (4) Honorable Mayor and Members of the City Council City of Lino Lakes Inventory Capital Assets The City has a significant investment in equipment, and we recommend that controls be strengthened in this area. Most capital assets are not physically inventoried, counted or verified. We recommend that periodic physical counts of property, especially removable equipment items, be taken and compared to the detailed capital asset subsidiary ledger. Affixing identifying tags with numbers as assigned in the subsidiary ledger will aid in making this comparison. The added controls will do the following: • Assist in planning for capital expenditures. • Assist determining accurate amounts and values of insurable assets. • Assist detecting the loss or unauthorized use of assets. During the audit it was also noted that although an accountant prepares a monthly reconciliation of capital outlay, construction in process and capital assets, the reconciliation is not reviewed. To improve segregation of duties we recommend review and approval of the monthly reconciliation by someone other than the preparer who has knowledge of capital asset activity. Conclusion We welcome the opportunity to discuss the points mentioned in this letter or any other accounting and procedural issues in order to coordinate our efforts with you, the mutual objective being the development of more effective accounting procedures for the City. We understand that some of the aforementioned points are in the process of implementation or may already have been implemented; however, these points are noted so that effective follow -up can be accomplished. We sincerely appreciate all the courtesies and cooperation extended to us by you and the staff of the City, and thank you for the opportunity to be of service to you. We look forward to working with you in the future. This report is intended solely for the information and use of the City Council, finance committee, management, the Office of the State Auditor, and federal awarding agencies and pass- through entities and is not intended to be and should not be used by anyone other than these specified parties. Minneapolis, Minnesota May 26, 2009 (5) LarsonAllen LLP L•P LarssnAllen LLP CPAs, Consultants & Advisors www.Iarsonallen.com REPORT ON MINNESOTA LEGAL COMPLIANCE Honorable Mayor and Members of the City Council City of Lino Lakes, Minnesota We have audited the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of Lino Lakes, Minnesota as of and for the year ended December 31, 2008, which collectively comprise the City's basic financial statements and have issued our report thereon dated May 26, 2009. We conducted our audit in accordance with U.S. generally accepted auditing standards, the standards applicable to financial audits contained in Governmental Auditing standards, issued by the Comptroller General of the United States, and the provisions of the Minnesota Legal Compliance Audit Guide for Local Government, promulgated by the State Auditor pursuant to Minnesota Statute 6.65. Accordingly, the audit included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. The Minnesota Legal Compliance Audit Guide for Local Government covers seven main categories of compliance to be tested: contracting and bidding, deposits and investments, conflicts of interest, public indebtedness, claims and disbursements, miscellaneous provisions, and tax increment financing. Our study included all of the listed categories. The results of our tests indicate that, with respect to the items tested, the City of Lino Lakes, Minnesota complied with the material terms and conditions of applicable legal provisions, except as noted in the schedule of findings. This report is intended solely for the use of the City of Lino Lakes, Minnesota, the Office of the State Auditor, and other state agencies, and is not intended to be and should not be used by anyone other than these specified parties. LarsonAllen LLP Minneapolis, Minnesota May 26, 2009 LarsonAllen LLP is a member of Nexia Internati o (sa l, a worldwide network of independent accounting and consulting firms. INTERNATIONAL CITY OF LINO LAKES SCHEDULE OF FINDINGS YEAR ENDED DECEMBER 31, 2008 Finding: 2008 -01 Contracting and Bidding Finding: Minnesota statutes require that all contracts greater than $75,000 obtain a performance bond and bid bond in the amount of the contract. During our testing, we noted one contract that did not have a performance bond and bid bond. Corrective Action Plan: The City will require all contracts greater than $75,000 to have a performance bond and bid bond in the amount of the contract in the future. (7) LarsonAlleri LLP CPAs, Consultants & Advisors www.larsonallen.com OTHER REQUIRED AUDITOR COMMUNICATIONS Honorable Mayor and Members of the City Council City of Lino Lakes, Minnesota We have audited the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of Lino Lakes, Minnesota for the year ended December 31, 2008, which collectively comprise the City's basic financial statements and have issued our report thereon dated May 26, 2009. Professional standards require that we provide you with the following information related to our audit. Our Responsibility under U.S. Generally Accepted Auditing Standards and Government Standards Auditing As stated in our engagement letter date November 12, 2008, our responsibility, as described by professional standards, is to express opinions about whether the financial statements prepared by management with your oversight are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles. Our audit of the financial statements does not relieve you or management of your responsibilities. As part of our audit, we considered the internal control of the City of Lino Lakes. Such were solely for the purpose of determining our audit procedures and not to provide concerning such internal control. As part of obtaining reasonable assurance about whether the financial statements are misstatement, we performed tests of the City of Lino Lake's compliance with certain p regulations, contracts, and grants. However, the objective of our tests was not to prov compliance with such provisions. 1. Our responsibility is to plan and perform the audit to obtain reasonable assurance that the financial statements are free of material misstatement. 2. We are responsible for communicating significant matters related to the professional judgment, relevant to your responsibilities in overseeing t process. However, we are not required to design procedures specifically to 3. We are also responsible for communicating matters regarding the prov. Legal Compliance Audit Guide for Local Government, promulgated by th Minnesota Statute 6.65. INTERNATIONAL 8 LarsonAllen LLP is a member of Nexia International, a worldwide network of independe onsiderations any assurance free of material ovisions of laws, ide an opinion on , but not absolute, audit that are, in our e financial reporting identify such matters. sions of the Minnesota e State Auditor pursuant nt accounting and consulting firms. Honorable Mayor and Members of the City Council City of Lino Lakes Other Information in Documents Containing Audited Financial Statements Our audit opinion, the audited financial statements, and the notes to financial statements should only be used in their entirety. Inclusion of the audited financial statements in a client prepared document, such as an annual report, should be done only with our prior approval and review of the document. Our responsibility for other information in documents containing the entity's financial statements and report does not extend beyond the financial information identified in the report. We do not have an obligation to perform any procedures to corroborate other information contained in such documents. Planned Scope and Timing of the Audit We performed the audit according to the planned scope and timing previously communicated to you in our meeting about planning matters on January 22, 2009. Significant Audit Findings Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City of Lino Lakes are described in Note 1 to the financial statements. The City adopted Governmental Accounting Standards Board (GASB) Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions, which was effective for the year ended December 31, 2008. Accordingly, the accounting change for other postemployment benefits has been applied prospectively beginning in 2008, as permitted by GASB Statement No. 45. The City also adopted GASB Statement No. 49, Accounting and Financial Reporting for Pollution Remediation Obligations, and GASB Statement No. 50, Pension Disclosures -an Amendment of GASB Statements No. 25 and No. 27. The adoption of GASB Statements No. 49 and No. 50 did not have a significant impact on the City's financial statements. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. There are no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were: Estimated useful lives of depreciable capital assets - Management's estimate of useful lives for depreciable assets is based on guidance recommended by authoritative accounting literature and past experiences. The useful life of a depreciable asset determines the amount of depreciation that will be recorded in any given reporting period as well as the amount of accumulated depreciation that is reported at the end of a reporting period. Estimated year -end valuation of investments at fair value — Management's estimate of the fair value of investments is based on published market values at December 31, 2008. Estimated current portion of compensated absences payable — Management's estimate of the amount of the year -end compensated absences payable balance to be taken by employees is based on historical trends and anticipated leave time activity. (9) Honorable Mayor and Members of the City Council City of Lino Lakes We evaluated the key factors and assumptions used to develop the above estimates in determining that it is reasonable in relation to the financial statements taken as a whole. The disclosures in the financial statements are neutral, consistent, and clear. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely adjustments identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. The attached schedule summarizes unrecorded adjustments of the financial statements. Management has determined that their effects are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter that could be significant to the financial statements or the auditors' report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated May 26, 2009. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the City's financial statements or a determination of the type of auditors' opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. (10) Honorable Mayor and Members of the City Council City of Lino Lakes This report is intended solely for the use of the City Council, finance committee, and management of the City of Lino Lakes and is not intended to be, and should not be used by anyone other than these specified parties. LarsonAllen LLP Minneapolis, Minnesota May 26, 2009 CITY OF LINO LAKES SUMMARY OF PASSED ADJUSTMENTS DECEMBER 31, 2008 Description Debit Credit Inventory $ 55,446 Water Fund Expense $ 55,446 (To record inventory that is not booked) (12) New Accounting and Reporting Standards Accounting and Financial Reporting for Intangible Assets (GASB Statement No. 51) This statement is effective for periods beginning after June 15, 2009 and, therefore, is applicable to the City for the year ended December 31, 2010. The purpose of this statement is to eliminate the inconsistencies in accounting and reporting between governmental entities related to intangible items such as easements, rights, patents, trademarks, software, and donated assets. Fund Balance Reporting Changes (GASB Statement No. 54) In March 2009, the Governmental Accounting Standards Board GASB issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. The requirements of this Statement are effective for the fiscal year ending December 31, 2011. Earlier adoption and implementation is encouraged. Statement No. 54 distinguishes between fund balance amounts that are considered non - spendable, such as fund balance associated with inventories, and other amounts that are classified based on the relative ability to be spent. Beginning with the most non - spendable classification, fund balances will be reported in the following classifications: • Restricted — amounts constrained by external parties, constitutional provision, or enabling legislation. • Committed — includes amounts that can be used only for the specific purposes determined by a formal action of the government's highest level of decision - making authority • Assigned — amounts a government intends to use for a particular purpose. In governmental funds other than the general fund, assigned fund balance represents the remaining amount that is not restricted or committed. • Unassigned — amounts that are not constrained at all will be reported in the general fund or to report deficit balances in other governmental funds. The new standard also clarifies the definitions of individual governmental fund types. The statement interprets certain terms within the definition of special revenue fund types, while further clarifying the debt service and capital projects fund type definitions. The statement also specifies how economic stabilization or "rainy -day" amounts should be reported as a component of fund balance in the general fund. Under GASB No. 54, it is no longer considered appropriate to include these types of funds as a special- revenue fund. For financial reporting purposes, stabilization should be regarded as a "restricted" or "committed" classification only if the city details the circumstances or conditions that signal the need for stabilization in sufficient detail. Otherwise, these amounts should be reported as "unassigned" in the general fund. (13) WS — Item 4 WORK SESSION STAFF REPORT Work Session Item No. 4 Date: June 1, 2009 To: City Council From: James E. Studenski, City Engineer Re: Pine Street - Petition to have the City of Lino Lakes Research the cost of paving Pine Street. Background • Attached is the map from the last Lino Lakes Work Session showing the Pine Street Area • Petition to Research the Cost of Paving Pine Street, dated May 4, 2009. 1) Current Maintenance The City grades the road monthly and sprays the gravel street for dust control once a year. 2) Funding a) State Aid. Pine Street is not designated as a Lino Lakes state aid street, therefore state aid funds are not available for this project. State aid streets are typically streets that connect a County or State Highway to another and serve higher volumes of traffic. The City of Columbus does not have the population to qualify itself for state funding and therefore it can not be designated as a state aid route. b) City If the City does not assess 100% of the costs of this project and uses general funds, the City will be required to place this project as a referendum question. 3) Cost Estimate The cost estimate prepared by the Columbus City Engineer in June 2004 for a 24 -foot rural street with 3.5 inches of bituminous has been revised to reflect current prices. 1 The Rice Creek Watershed District will require some stormwater management practices near wetlands along Pine Street. The project will also require coordination of two culverts along Pine Street that are under Rice Creek Watershed District jurisdiction. The total project cost from Lake Drive to the west end of Pine Street is estimated to be $685,000. To pave from Lake Drive to 4th Avenue the cost is estimated to be $390,000. The costs of this project will be split 50% - 50% between the City of Lino Lakes and the City of Columbus. The cost estimates include construction, contingencies, administiation, engineering and legal. With the costs split, the Lino Lakes portions of the estimate for paving Lake Drive to the west end of Pine Street would be $342,500 ($685,000 /2) giving a pending assessment cost for each of the 36 properties of approximately $9,515. The Lino Lakes portion of the estimate of paving Lake Drive to 4th Avenue is $195,000 ($390,000 /2) giving a pending assessment cost for each of the 21 properties of approximately $9,285. a) City of Columbus At the May 4, 2009 Lino Lakes Work Session a statement was made that the City of Columbus has approved this project and is ready to move forward in the process and that the estimated cost per resident is approximately $7,000. The City of Columbus was contacted to verify the status of this project and they have stated that they are awaiting any Lino Lakes actions. They have subsequently authorized their engineer to work with Lino Lakes on updating construction costs. The estimated cost of $7,000 per Columbus resident is a figure developed from the 2004 estimated costs. 4) Schedule: ORDER FEASIBILITY STUDY JUNE 2009 ACCEPT FEASIBILITY STUDY AND CALL PUBLIC HEARING JULY 2009 • Notice of hearing shall be published twice, at least one week apart, in the official newspaper of the City no less than two weeks prior to the date of hearing, and • A copy of the hearing, including estimated unit prices and the estimated total price, shall be mailed to each benefited property owner at least two weeks prior to the date of the hearing. PUBLIC HEARING AUGUST 2009 PE'1'1'11ONING PROCESS • Within 60 days after close of public hearing, the following petitions can be filed: (August 2009 to October 2009 = 60 Days) — A petition against improvement by either majority of property owners proposed to be assessed or if initiated by (l a) at least equal to number 2 • • • • • • petitioning for improvement under (1 a). Council can not make improvement at expense of benefited property owners. Council can not vote on same improvement for one year from public hearing. If petition for improvement at least equal to (4ai), then Council can order improvement. AUTHORIZE IMPROVEMENT PROJECT NOVEMBER 2009 APPROVE PLANS AND SPECS AND ORDER AD FOR BIDS SPRING 2010 ACCEPT BIDS SPRING 2010 ASSESSMENT HEARING SPRING 2010 START CONSTRUCTION SPRING 2010 END CONSTRUCTION FALL 2010 Requested Council Direction City Staff is requesting direction from the City Council on how to proceed with this project. 3 600Z 17 A` LN LINO LAKES RESIDENTS WHO SIGNED THE PETITION co co a_ NE STREET AREA PETITION TO RESEARCH THE COST OF PAVING PINE STREET 0 a. 4, 44 1".4 44 r 44 Jo, 1' a 4 ,Z § s 8 — r