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HomeMy WebLinkAbout11/23/2009 Council Packet (2)SUMMARY MINUTES CITY COUNCIL 1 C ENDA Monday, November 23, 2009 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert & Gallup UNIL.W'O SESSION,`;, Community Room (not televised) A) 2010 Budget Update Special Council Work Session scheduled for Nov. 30, 2009, 6:00 p.m., to continue budget discussion B) Review Regular Agenda or See separate agenda EETIN( RITY (EI ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Open Mike / Public Comment ➢ Setting the Agenda: Addition or deletion of agenda items Oath of office taken by Council Member Roeser following the call to order CONSENT AGENDA A) Consideration of Expenditures: i) November 23, 2009 (Check No. 87174 through 87253) in the amount of $222,718.25; ii) Centennial Fire District (Check No. 4025 through 4044) in the amount of $36,981.86 B) Consider approval of November 2, 2009 Special City Council Meeting Minutes C) Consider approval of November 2, 2009 Council Work Session Minutes D) Consider approval of November 9, 2009 City Council Meeting Minutes E) Approve application of Centennial Middle School PTA to conduct excluded bingo event on February 5, 2010 Pg 4 -16 Pg 17 Pg 18 -21 Pg 22 -27 Pg 28 Council Agenda -2- 11/23/2009 SUMMARY MINUTES F) Consider approval of November 9, 2009 Canvassing Board Minutes Action taken: Motion by Gallup, seconded by Reinert, to approve the Consent Agenda, Items 1A through 1F, was adopted FINANCE DEP No report. REPORT, AI Rolek ADMINISTRATION I E 'AR MENT REPORT, Ban T s ai, A) City Code Update Project i. Consider second reading & adoption of Ordinance No. 10 -09, Amending, restating, revising, updating, codifying, and compiling certain ordinances of the city dealing with the subjects embraced in the Code of Ordinances, Julie Bartell Action Taken: Motion by Reinert, seconded by Gallup, to approve Ordinance No. 10 -09 as presented was adopted: Yeas, 5; Nays none. ii. Consider second reading and adoption of Ordinance No. 09 -09, establishing the 2010 City Fee Schedule (Appendix A to the City Code) Julie Bartell Action Taken: Motion by O'Donnell, seconded by Roeser, to approve Ordinance No. 09 -09 as presented was adopted: Yeas, 5; Nays none. Pg 29 Pg 30 -34 Pg 35 iii) Consider Resolution No. 09 -98, Approving An Iication of Ordinance No. 09 -09 Pg 36 -38 Action Taken: Motion by Reinert, seconded by O'Donnell, to approve Resolution No. 09 -98 as presented, was adopted B) Consider approval of Resolution No. 09 -106, Approving and Adopting an Emergency Preparedness and Response Plan for Pandemic Influenza and Public Health Emergencies, Dan Tesch Action Taken: Motion by Reinert, seconded by Gallup, to approve Resolution No. 09 -106 as presented, was adopted PUBLIC SAFETY DEPARTMENT REPORT, Dave Pecch No report. Pg 39 -75 • Council Agenda -3- 11/23/2009 SUMMARY MINUTES PUBLIC SERVICES DEPARTMENT RE RTC Fick DeGardner A. Consider second reading of Ordinance No. 13 -09, Sale of Outlot B, Highland Meadows West 3`d Addition, Rick DeGardner Action Taken: Motion by Reinert, seconded by Roeser, to approve Ordinance No. 13 -09 as presented was adopted: Yeas, 5; Nays none. COMMUNITY DEVELOPMENT REPI R `, Mi hael Grachala A) Legacy at Woods Edge PUD Amendment i. Consideration of Second Reading of Ordinance No. 11 -09, Amending Ordinance 04 -04 and the Lino Lakes Town Center Design and Development Guide to allow Assisted Living Facilities in certain land use categories within the Legacy at Woods Edge project area, Paul Bengtson Action Taken: Motion by O'Donnell, seconded by Roeser, to approve Ordinance No. 11 -09 as presented was adopted: Yeas, 5; Nays none. iii. Consider Resolution No. 09 -94, Summary of Ordinance No. 11 -09 for Publication, Paul Bengtson Action Taken: Motion by Reinert, seconded by Roeser, to approve Resolution No. 09 -94 as presented, was adopted B) Lino Lakes Lodging LLC Contract Addendum, Mary Alice Divine i. Consideration of Resolution No. 09 -105, Approving an Addendum to the Contract for Private Development between the City of Lino Lakes and Lino Lakes Lodging, LLC Action Taken: Motion by Gallup, seconded by Roeser, to approve Resolution No. 09 -105 as presented, was adopted C) I -35E /CSAH 14 Interchange Project, Michael Grochala i. Consideration of Resolution No. 09 -102, Approving Joint Powers Agreement with City of Hugo, Interchange Cost Participation Action Taken: Motion by O'Donnell, seconded by Roeser, to approve Resolution No. 09 -102 as presented, was adopted ii. Consideration of Resolution No. 09 -103, Ordering Preparation of Feasibility Study, 21st Avenue Realignment Action Taken: Motion by Reinert, seconded by Roeser, to approve Resolution No. 09 -103 as presented, was adopted • • Council Agenda -4- 11/23/2009 SUMMARY MINUTES D) Consideration of Resolution No. 09 -104, Approving Change Order No. 17, Lake Drive /35W Interchange Improvement Project, Michael Grochala Action Taken: Motion by O'Donnell, seconded by Gallup, to approve Resolution No. 09 -104 as presented, was adopted. E) 2009 Street Maintenance Projects, James E. Studenski i. Consider Resolution No. 09 -99, Approving Payment Request No. 2R(Final) and Compensating Change Order No. 1, 2009 Overlay Project. Action Taken: Motion by O'Donnell, seconded by Roeser, to approve Resolution No. 09 -99 as presented, was adopted. ii. Consider Resolution No. 09 -100, Approving Payment Request No. 2(Final) and Compensating Change Order No. 1, 2009 Sealcoat Project. Action Taken: Motion by Roeser, seconded by O'Donnell, to approve Resolution No. 09 -100 as presented, was adopted. F) Consideration of Resolution No. 09 -101, Approving Change Order No. 1 and Payment Request No. 1, 2009 Surface Water Management Project, James E. Studenski Action Taken: Motion by Reinert, seconded by Roeser, to approve Resolution No. 09 -101 as presented, was adopted. Pg 99 -105 Pg 106 -112 Pg 113 -121 None None Motion by Bergeson to adjourn at 7:10 p.m. was seconded by Council Member O'Donnell and adopted 4- wt--4- Community Calendar - A Look Ahead November 24, 2009 through December 14, 2009 Thurs /Fri, November 26 -27 Thursday, December 3 Thursday, December 3 Monday, December 7 Monday, December 7 Wednesday, December 9 Monday, December 14 Thanksgiving Holiday 7:00 am, Community Room 7:00 pm, Police Workroom 5:30 pm, Community Room 6:30 pm, Council Chambers 6:30 pm, Council Chambers 6:30 pm, Council Chambers City Hall Closed EDAC Charter Commission Council Work Session Park Board Planning & Zoning Council Meeting • Monday, November 23, 2009 * * * * * * * * * ** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert & Gallup Community Room (not televised) A) 2010 Budget Update B) Review Regular Agenda See separate agenda ➢ Call to Order and Roll Call ➢ Open Mike / Public Comment ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items A) Consideration of Expenditures: i) November 23, 2009 (Check No. 87174 through 87253) in the amount of $222,718.25; ii) Centennial Fire District (Check No. 4025 through 4044) in the amount of $36,981.86 B) Consider approval of November 2, 2009 Special City Council Meeting Minutes C) Consider approval of November 2, 2009 Council Work Session Minutes D) Consider approval of November 9, 2009 City Council Meeting Minutes E) Approve application of Centennial Middle School PTA to conduct excluded bingo event on February 5, 2010 F) Consider approval of November 9, 2009 Canvassing Board Minutes Pg 4 -16 Pg 17 Pg 18 -21 Pg 22 -27 Pg 28 Pg 29 Council Agenda -2- 11/23/2009 No report. A) City Code Update Project i. Consider second reading & adoption of Ordinance No. 10 -09, Amending, restating, revising, updating, codifying, and compiling certain ordinances of the city dealing with the subjects embraced in the Code of Ordinances, Julie Bartell Reading and roll call required ii. Consider second reading and adoption of Ordinance No. 09 -09, establishing the 2010 City Fee Schedule (Appendix A to the City Code) Julie Bartell Reading and roll call required iii) Consider Resolution No. 09 -98, Approving summary publication of Ordinance No. 09 -09 B) Consider approval of Resolution No. 09 -106, Approving and Adopting an Emergency Preparedness and Response Plan for Pandemic Influenza and Public Health Emergencies, Dan Tesch Pg 30 -34 Pg 35 Pg 36 -38 Pg 39 -75 No report. A. Consider second reading of Ordinance No. 13 -09, Sale of Outlot B, Highland Meadows West 3rd Addition, Rick DeGardner Reading and roll call required A) Legacy at Woods Edge PUD Amendment i. Consideration of Second Reading of Ordinance No. 11 -09, Amending Ordinance 04 -04 and the Lino Lakes Town Center Design and Development Guide to allow Assisted Living Facilities in certain land use categories within the Legacy at Woods Edge project area, Paul Bengtson Reading and roll call required ii. Consider Resolution No. 09 -94, Summary of Ordinance No. 11 -09 for Publication, Paul Bengtson Pg 76 -79 Pg 80 • • • Council Agenda -3- B) 11/23/2009 Lino Lakes Lodging LLC Contract Addendum, Mary Alice Divine i. Consideration of Resolution No. 09 -105, Approving an Addendum to the Contract for Private Development between the City of Lino Lakes and Lino Lakes Lodging, LLC Pg 82 -84 C) I -35E /CSAH 14 Interchange Project, Michael Grochala i. Consideration of Resolution No. 09 -102, Approving Joint Powers Agreement with City of Hugo, Interchange Pg 85 -89 Cost Participation ii. Consideration of Resolution No. 09 -103, Ordering Pg 90 -95 Preparation of Feasibility Study, 21St Avenue Realignment D) Consideration of Resolution No. 09 -104, Approving Change Order No. 17, Lake Drive /35W Interchange Improvement Project, Michael Grochala Pg 96 -98 E) 2009 Street Maintenance Projects, James E. Studenski i. Consider Resolution No. 09 -99, Approving Payment Request No. 2R(Final) and Compensating Change Order No. 1, 2009 Overlay Project. ii. Consider Resolution No. 09 -100, Approving Payment Request No. 2(Final) and Compensating Change Order No. 1, 2009 Sealcoat Project. F) Consideration of Resolution No. 09 -101, Approving Change Order No. 1 and Payment Request No. 1, 2009 Surface Water Management Project, James E. Studenski None None Pg 99 -105 Pg 106 -112 Pg 113 -121 Community Calendar- A Look Ahead November 24, 2009 through December 14, 2009 Thurs /Fri, November 26 -27 Thursday, December 3 Thursday, December 3 Monday, December 7 Monday, December 7 Monday, December 14 Thanksgiving Holiday 7:00 am, Community Room 7:00 pm, Police Workroom 5:30 pm, Community Room 6:30 pm, Council Chambers 6:30 pm, Council Chambers City Hall Closed EDAC Charter Commission Council Work Session Park Board Council Meeting • AGENDA ECONOMIC DEVELOPMENT AUTHORITY MONDAY, NOVEMBER 23, 2009 City Council Chambers 6:20 P.M. 1. Call to Order and Roll Call 2. Consideration of Minutes of January 12, 2009 3. Consideration of Resolution No. 09 -01, Addendum to Contract for Private Development between the EDA and Lino Lakes Lodging, LLC. • 4. Adjourn • EDA MINUTES January 12, 2009 DRAFT • DATE TIME STARTED : January 12, 2009 : 6:55 p.m. TIME ENDED : 7:02 p.m. MEMBERS PRESENT : Commissioners Gallup, O'Donnell, Reinert, Bergeson, Stoltz • • MEMBERS ABSENT OTHERS PRESENT: : Gordon Heitke; Mary Divine, Mike Grochala The meeting was called to order at 6:55 p.m. by President O'Donnell. CONSIDERATION OF THE MINUTES OF JUNE 28, 2008 EDA Member Bergeson moved to approve the January 28, 2008 minutes. EDA Member Stoltz seconded the motion. Motion carried unanimously. CONSIDERATION OF ANNUAL APPOINTMENTS Mary Divine, Economic Development Coordinator, gave a short recap of activity taking place, including the last tax abatement payment on the Target/Kohl's project, and TIF District No. 1 -9 will be decertified at the end of 2009. She informed the members that each year the EDA is required to make a number of appointments; the list was before the authority for consideration. EDA Member Bergeson moved to appoint EDA Member Gallup as President of the EDA for 2009, EDA Member Reinert as Vice President; and EDA Member Dan Stoltz as Treasurer. EDA Member Gallup seconded the motion. Motion passed unanimously. EDA Member Stoltz moved to approve the remaining appointments as recommended by staff . EDA Member Reinert seconded the motion. Motion carried unanimously. ADJOURNMENT There being no further business, EDA Member Reinert moved to adjourn. EDA Member Bergeson seconded the motion. Motion carried unanimously. Meeting adjourned at 7:02 p.m. 1 • • • AGENDA ITEM 3 STAFF ORIGINATOR: Mary Alice Divine CC MEETING DATE: November 23, 2009 TOPIC: Resolution 09 -01 — Addendum to Contract for Private Development between the Lino Lakes Economic Development Authority and Lino Lakes Lodging, LLC BACKGROUND In 2004 the EDA and the City entered into a Development Contract with Hartford Development, Inc. and provided assistance within Tax Increment Financing District No. 1 -11. As pursuant to the contract, redevelopment occurred and a successor to the contract (Country Inn & Suites) redeveloped a portion of the commercial component of the minimum improvements as defined in the original contract. A developer is acquiring the hotel to convert it to an assisted living and memory care facility. The EDA has an interest in ensuring that the developer or its successors continue to pay real estate taxes on an assessed value that provides as much tax increment as before the conversion. This agreement obligates payment of taxes on a minimum assessed value of $3,750,000. The county assessor may, in actuality, place a higher value on the facility once final plans have been submitted, and the final assessed value will be executed in an assessment agreement that will be valid until the maturity date of the original contract. In order to provide the developer with a future option to sell the facility to a non - profit, the agreement requires a payment in lieu of taxes (the "PILOT Agreement "), for a period of 30 years if a non - profit owns the facility. Prior to the contract maturity date a non- profit would be required to make payment as if the property were subject to taxes. After the maturity date the annual payment would be only on the City's share of taxes. RECOMMENDATION Staff recommends approving Resolution No. 09 -01. ATTACHMENTS 1. Addendum to Contract for Private Development LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 09 -01 RESOLUTION APPROVING AN ADDENDUM TO CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN THE LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF LINO LAKES, AND LINO LAKES LODGING, LLC BE IT RESOLVED By the Board of Commissioners ("Board") of the Lino Lakes Economic Development Authority ( "Authority ") as follows: Section 1. Recitals. 1.01. The Authority administers Development District No. 1 (the "Project)" and Tax Increment Financing District No. 1 -11 (the "TIF District ") pursuant to Minnesota Statutes, Sections 469.124 to 469.134 ( "Development District Act ") and Sections 469.174 to 469.179 (the "TIF Act "). 1.02. The Authority, City of Lino Lakes (the "City ") and Legacy Holdings/Lino Lakes, LLC (the "Developer ") entered into a into a Contract for Private Development dated December 20, 2004, amended by a First Amendment thereto dated September 13, 2005 (the "Original Contract "), setting forth the terms and conditions of redevelopment of certain property within the Project, referred to generally as the Legacy at Woods Edge Project. 1.03. Lino Lakes Lodging (the "Assisted Living Developer ") proposes to acquire and convert the existing hotel that was previously developed within the Legacy at Woods Edge Project, and in connection with such conversion, the Assisted Living Developer, Authority and City propose to enter into an Addendum to the Original Contract (the "Addendum "). 1.04. The Board has reviewed the Addendum and determined that it is in the best interests of the Authority to approve the same. Section 2. Authority Approval; Further Proceedings. 2.01. The Addendum as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Acting Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Acting Executive Director are hereby authorized to execute on behalf of the Authority the Addendum and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority its obligations thereunder. • • • • Approved by the Board of Directors of the Lino Lakes Economic Development Authority, this 23rd day of November, 2009. ATTEST: Secretary • • President Fourth Draft November 18, 2009 ADDENDUM TO CONTRACT FOR PRIVATE DEVELOPMENT LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY CITY OF LINO LAKES, MINNESOTA AND LINO LAKES LODGING, LLC NOVEMBER 23, 2009 This Document was drafted by: KENNEDY & GRAVEN, Chartered 470 US Bank Plaza 200 South Sixth Street Minneapolis, Minnesota 55402 • • • • • This Addendum to Contract for Private Development is made the 26th day of November, 2009 by and between the Lino Lakes Economic Development Authority (the "Authority'), the City of Lino Lakes, Minnesota (the "City "), and Lino Lakes Lodging, LLC, a Minnesota limited liability company (the "Assisted Living Developer "). WITNESSETH: WHEREAS, the City, Authority and Hartford Development, Inc. (the "Original Developer ") entered into a Contract for Private Development dated December 20, 2004, as amended by a First Amendment thereto dated September 13, 2005 (the "Original Contract "), providing for redevelopment by the Original Developer of certain property in the City and certain assistance by the Authority in such effort, all located within Development District No. 1 (the "Project ") and Tax Increment Financing District No. 1 -11 (the "TIF District "); and WHEREAS, pursuant to the Contract, the Original Developer caused to be constructed a hotel on a portion of the Development Property (as defined in the Original Contract), which hotel was operated as a County Inn and Suites (the "Hotel ") by a successor to the Original Developer; and WHEREAS, the Hotel constituted a portion of Commercial Component of the Minimum Improvements as such terms are defined in the Original Contract; and WHEREAS, the Assisted Living Developer has acquired the Hotel and the Parcel on which it is located, and proposes to convert such property for use as a 69 -unit assisted living and memory care facility (the "Assisted Living Improvements "); and WHEREAS, the Authority and City believe that conversion of the Hotel to the Assisted Living Facility will facilitate the long -term development potential for the Development District and the TIF District, and such improvement is in the vital and best interests of the Authority and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the foregoing premises and the mutual obligations set forth in this Agreement, the parties hereto hereby agree as follows: 1. Definitions. Capitalized terms in this Addendum have the meaning provided in the Original Contract, except as follows: "Addendum" means this Addendum to the Original Contract, as the same may be from time to time modified, amended or supplemented. "Assessment Agreement" means the Assessment Agreement between the Authority and Assisted Living Developer in the form set forth as Schedule C hereto. "Assisted Living Developer" means Lino Lakes Lodging, LLC, a Minnesota limited liability company, and any successor to its rights and obligations hereunder permitted under Article VIII of the Original Contract. "Assisted Living Improvements" means the conversion of the 83 -room Hotel into 69 assisted living and memory care units on the site of the former Hotel, now referred to as the Assisted Living Property. "Assisted Living Property" means the portion of the Development Property described on Schedule A hereto. "Hotel" means the existing Country Inn and Suites located on the Assisted Living Property. "PUD Amendment" means the PUD Amendment to the Lino Lakes Town Center Design and Development Guide approved by the City on 2. Representations and Warranties (a) The City makes the following representations to Assisted Living Developer: (1) Under the provisions of the Act, the City has the power to enter into this Addendum and carry out its obligations hereunder. (2) The Project is for a purpose within the power of the City under the Act, and was created, adopted and approved in accordance with the terms of the Act. (b) Assisted Living Developer represents and warrants that: (1) The Assisted Living Developer is a limited liability corporation duly organized and in good standing under the laws of the State, is duly authorized to transact business within the State, has the power to enter into this Addendum, and has duly authorized execution of this Addendum by action of its governing body. (2) The Assisted Living Developer will construct, operate and maintain, or cause to be constructed, operated and maintained, the Assisted Living Improvements in accordance with the terms of this Addendum, the Development Plan and all applicable local, state and federal laws and regulations (including, but not limited to, applicable environmental, zoning, building code and public health laws and regulations). 2 • • • • • • (3) The Assisted Living Developer has received no notice or communication from any local, state or federal official that the activities of the Assisted Living Developer or the Authority in the Project Area may be or will be in violation of any environmental law or regulation (other than those notices or communications of which the Authority is aware). The Assisted Living Developer is aware of no facts the existence of which would cause it to be in violation of or give any person a valid claim under any local, state or federal environmental law, regulation or review procedure. (4) The Assisted Living Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Minimum Improvements and Additional Improvements may be lawfully constructed. The Assisted Living Developer did not obtain a building permit for any portion of the Minimum Improvements before the date of approval of the TIF Plan for the TIF District. (5) Neither the execution and delivery of this Addendum, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Addendum is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, Addendum or instrument of whatever nature to which the Assisted Living Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (6) The Assisted Living Developer shall promptly advise Authority in writing of all litigation or claims affecting any part of the Assisted Living Improvements and all written complaints and charges made by any governmental authority materially affecting the Assisted Living Improvements or materially affecting Assisted Living Developer or its business which may delay or require changes in construction of the Assisted Living Improvements. 3. Use, Ownership of Assisted Living Property; Restrictions (a) Assisted Living Developer's use of the Assisted Living Property shall be subject to and in compliance with all of the conditions, covenants, restrictions and limitations imposed by this Agreement, the Restrictions and all applicable laws, ordinances and regulations. (b) Assisted Living Developer hereby represents and warrants that it is the owner in fee simple of the Assisted Living Property, and there will be no liens, defects or other encumbrances upon title to the Assisted Living Property that would hinder the development of the Assisted Living Property by Assisted Living Developer as contemplated by this Agreement. (c) Prior to issuance of a building permit for the Assisted Living Improvements, the Assisted Living Developer shall execute the Assessment Agreement in substantially the form attached as Schedule C, and shall cause the County assessor to execute the assessor's certificate attached thereto. The Assisted Living Developer shall use its best efforts to obtain the County assessor's certification of a minimum market value of $4,400,000 for the Assisted Living Property and the Assisted Living Improvements thereon, in which event that amount will be inserted in Section 1 of the Assessment Agreement. If the County assessor is unable to certify such amount as reasonable, the Assisted Living Developer shall cause the County assessor to certify such lesser amount that the assessor determines to be reasonable, but in no event may the minimum market value certified by the County assessor and inserted in Section 1 of the Assessment Agreement be less than $3,750,000. The Assisted Living Developer shall cause the Assessment Agreement to be promptly recorded in the offices of the County recorder or registrar of titles, as the case may be. (d) For all purposes of the Original Contract, the Assisted Living Improvements shall be deemed to be a portion of the Commercial Component and shall not be treated as rental housing or as part of the Rental Housing Component. (e) Until the Maturity Date the Assisted Living Developer agrees for itself, its successors and assigns, in addition to the obligation pursuant to statute to pay real estate taxes, that it is also obligated by reason of this Addendum to pay before delinquency all real estate taxes assessed against the Assisted Living Property Parcel and the Assisted Living Improvements thereon. The Assisted Living Developer acknowledges that this obligation creates a contractual right on behalf of the Authority to sue the Assisted Living Developer or its successors and assigns to collect delinquent real estate taxes and any penalty or interest thereon and to pay over the same as a tax payment to the county auditor. In any such suit, the Authority shall also be entitled to recover its costs, expenses and reasonable attorney fees. The parties agree and understand that upon a permitted Transfer under Section 8.3 of the Original Contract, the transferee assumes the obligation under this Section as to the property transferred, and the Assisted Living Developer is released. (f) The Assisted Living Developer agrees that through the Maturity Date, it will not cause a reduction in the real property taxes paid in respect of the Assisted Living Property (1) willful destruction of the TIF Parcel or any part thereof; (2) willful refusal to reconstruct damaged or destroyed property, except to the extent otherwise provided in Section 5.1(e) of the Original Contract; (3) apply for a deferral or abatement of property tax on the Assisted Living Property pursuant to any law; or (4) convey or transfer or allow conveyance or transfer of the Assisted Living Property to any entity that is exempt from payment of real property taxes under State law except as otherwise provided in this paragraph. As an exception to clause (4) of this paragraph, Assisted Living Developer may transfer the Assisted Living Property to an entity that is exempt from payment of real property taxes under State law if: (i) the Authority approves the Transfer under the terms of Section 8.2 of the Original Contract; and (ii) the transferee executes an agreement with the City under which the transferee pays to the City, at the time real estate taxes are otherwise payable, a payment in lieu of taxes (the "PILOT Agreement "). The PILOT Agreement must have a term of at least 30 years. Prior to the Maturity Date, the annual payment under the PILOT Agreement must be an amount equal to the total Tax Increment that would be payable to the City if the property were subject to ad valorem taxes, plus the City's share of taxes on the original tax capacity (as defined in the TIF Act)of the Assisted Living Property. After the Maturity Date, the annual payment under the PILOT Agreement must be the City's share of taxes on the Assisted Living Property. 4. Construction of Assisted Living Improvements.(a) Before commencement of construction of the Assisted Living Improvements, Assisted Living Developer shall submit 4 • • • • • • Construction Plans to the Authority and City. The Construction Plans shall provide for construction of the Assisted Living Improvements in conformity with this Addendum, and all applicable federal, State and local laws and regulations. The Authority Representative shall approve the Construction Plans in writing if, in the reasonable discretion of the City, the Construction Plans: (a) conform to the terms and conditions of this Addendum; (b) conform to the terms and conditions of the PUD Amendment; (c) conform to all applicable federal, State and local laws, ordinances, rules and regulations; (d) are adequate to provide for construction of the Assisted Living Improvements; and (f) no Event of Default has occurred. (b) No approval by the City shall relieve Assisted Living Developer of the obligation to comply with the terms of this Agreement, applicable federal, State and local laws, ordinances, rules and regulations, or to properly construct the Project. No approval by the City shall constitute a waiver of an Event of Default. Any disapproval of the Construction Plans shall set forth the reasons therefore, and shall be made within 30 days after the date of their receipt by the City. If the City rejects the Construction Plans, in whole or in part, Assisted Living Developer shall submit new or corrected Construction Plans within 30 days after written notification to Assisted Living Developer of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City. (c) Subject to Unavoidable Delays, the Assisted Living Developer will substantially complete construction of the Assisted Living Improvements on or before November 1, 2010. (d) All work with respect to the Assisted Living Improvements shall be in substantial conformity with the Construction Plans approved by the City. Upon approval by the City of the Construction Plans, the Assisted Living Developer shall promptly begin the Assisted Living Improvements and diligently prosecute the completion the development of such improvements in accordance with this Addendum. (e) Promptly after completion of the Assisted Living Improvements, the City will furnish the Assisted Living Developer with an appropriate Certificate of Completion, substantially in the form of Exhibit A hereto (which is hereby incorporated herein and made a part hereof), as conclusive evidence of satisfaction of the covenants under this Section of the Addendum. The furnishing by the City of a Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of Assisted Living Developer to any Mortgagee. (f) If the City shall refuse or fail to provide a Certificate of Completion, the City shall, within fifteen (15) days after Assisted Living Developer provides an architect's certificate evidencing completion of the Project, provide Assisted Living Developer with a written statement specifying in what respect Assisted Living Developer has failed to complete the Assisted Living Improvements in accordance with this Addendum, or is otherwise in default, and what measures or acts will be necessary, in the opinion of the City, for Assisted Living Developer to obtain the Certificate of Completion. Failure by the City to provide a Certificate of Completion for the Assisted Living Improvements shall not constitute an Event of Default under this Agreement. (g) Until a Certificate of Completion is issued, the Assisted Living Developer shall make, in such detail as may reasonably be required by the City, and forward to the City, written reports as to the actual progress of work on the Project. (h) The Assisted Living Developer agrees to permit the City and any of its officers, employees or agents access to the Assisted Living Property for the purpose of inspection of all work being performed in connection with the Assisted Living Improvements; provided, however, that the City shall have no obligation to inspect such work. 5. City Costs. Assisted Living Developer shall pay all standard charges and fees due with respect to real estate developments and allocable to the Assisted Living Project under City ordinances and the City Code, including but not limited to, building permit fees, plat fees, inspection fees, storm water fees and the like. Assisted Living Developer shall also pay, upon demand and reasonable itemization thereof, all costs reasonably incurred by the City or Authority to third parties directly relating to this Addendum and the Assisted Living Improvements, and all costs of City services reasonably allocable to the foregoing. Assisted Living Developer acknowledges that the City and Authority have incurred and will continue to incur certain costs and expenses for services of the City's and Authority's attorneys and consultants retained for the purposes of preparing this Addendum and reviewing the proposed Assisted Living Improvements. The Assisted Living Developer agrees to pay to the City the amount of such attorneys' and consultants' costs and expenses. Within thirty (30) days after receipt of a request by the City, accompanied by invoices received from City or Authority attorneys and consultants clearly showing the work done and the basis of the fees and charges billed, the Assisted Living Developer shall pay to the City or Authority the amount of attorneys' and consultants' costs incurred by the City or Authority; provided that the obligation of the Assisted Living Developer extends only to the reasonable costs of City and Authority attorneys and consultants that are incurred for services reasonably required in connection with the foregoing unless otherwise consented to by the Assisted Living Developer. 6. Miscellaneous. Assisted Living Developer assumes and agrees to be bound by all obligations of the Original Developer set forth in Articles VII, VIII, IX and X of the Original Contract, but solely as and to the extent such obligations relate to the Assisted Living Improvements and the Assisted Living Property For the purposes of notice under Section 10.6 of the Original Contract, the Assisted Living Developer's address is: Lino Lakes Lodging, LLC, P.O. Box 647, Waite Park, MN 56387; Attention: Leon Heinen 7. Recording; Covenants Run With the Land. The Authority and City shall record this Addendum, at Assisted Living Developer's cost, in the appropriate property records of the County. The parties agree and understand that the covenants described in this Agreement run with the land and shall be binding on all present and future owners and occupants of the Assisted Living Property until termination of this Addendum in accordance with its terms. 6 • • • • • 8. Term of Agreement. This Addendum shall terminate upon the the Maturity Date; provided that notwithstanding the termination of this Addendum, the Restrictions shall remain in full force and effect until terminated in accordance with their terms. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the date first above written. LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2009 by and , the President and Acting Executive Director of the Lino Lakes Economic Development Authority, on behalf of the Authority. Notary Public • • • • • • STATE OF MINNESOTA ) ) SS. ) COUNTY OF ANOKA CITY OF LINO LAKES, MINNESOTA By Its Mayor By Its City Administrator The foregoing instrument was acknowledged before me this day of , 2009 by John Bergeson and Daniel Tesch, the Mayor and Acting City Administrator of the City of Lino Lakes, Minnesota, on behalf of the City. Notary Public LINO LAKES LODGING, LLC By Its STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by Lino Lakes Lodging, LLC, the on behalf of the company. Notary Public • • • • • SCHEDULE A DESCRIPTION OF ASSISTED LIVING PROPERTY Parcel Number Address 17- 31 -22 -12 -0061 725 Town Center Parkway Lino, Lakes, MN 55014 -2179 Property Description Lot 4, Block 1, The Village No. 4, Subject to Ease of Rec SCHEDULE B CERTIFICATE OF COMPLETION WHEREAS, Lino Lakes Lodging, LLC ( "Assisted Living Developer ") is the owner and Developer of property in the City of Lino Lakes, Minnesota, described on Schedule A attached hereto and made a part hereof (the "Property "); and WHEREAS, the Property is subject to the provisions of a certain Addendum to Contract for Private Development Agreement (the "Addendum ") dated November 23, 2009 by and between Assisted Living Developer and the Lino Lakes Economic Development Authority and the City of Lino Lakes, Minnesota (the "City "); and WHEREAS, Assisted Living Developer has fully and duly performed all of the covenants and conditions of Assisted Living Developer under the Agreement with respect to the completion of the Assisted Living Improvements (as defined in the Addendum); NOW, THEREFORE, it is hereby certified that all requirements of Assisted Living Developer under the Addendum with respect to the completion of the Assisted Living Improvements have been completed and duly and fully performed, and this instrument is to be conclusive evidence of the satisfactory termination of the covenants and conditions of the Addendum as they relate to the completion of the Assisted Living Improvements. All other covenants and conditions of the Addendum shall remain in effect and are not terminated hereby. Dated this day of CITY OF LINO LAKES, MINNESOTA By Its STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 20 , by , the of the City of Lino Lakes, Minnesota. Notary Public B -1 • • • • • SCHEDULE C ASSESSMENT AGREEMENT THIS AGREEMENT is dated as of November 23, 2009, and is between the LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY (the "Authority "), and LINO LAKES LODGING, LLC, a Minnesota limited liability company (the "Company "). WHEREAS, on or before the date hereof the Authority, the City of Lino Lakes ( "City ") and the Company have entered into an Addendum to Contract for Private Development dated November 23, 2009 (the "Addendum ") regarding the development of certain property in the City described as Lot 4, Block 1, The Village No. 4, Anoka County, Minnesota (the "Property"); and WHEREAS, pursuant to the Addendum the Company is obligated to construct certain improvements upon the Property, referred to in the Addendum as the Assisted Living Improvements; and WHEREAS, the Authority and Company desire to establish a minimum market value for the Property and the Assisted Living Improvements to be constructed thereon, pursuant to Minnesota Statutes, Section 469.177, Subdivision 8; and WHEREAS, the Authority and the County Assessor (the "Assessor ") have reviewed the preliminary plans and specifications for the improvements and have inspected such improvements; NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. The minimum market value which shall be assessed for ad valorem tax purposes for the Property together with the Assisted Living Improvements constructed thereon shall be $ as of January 2, 2011 notwithstanding the progress of construction by such date, and as of each January 2 thereafter until termination of this Agreement under Section 2 hereof 2. The minimum market value herein established shall be of no further force and effect and this Agreement shall terminate on the earlier of the following: (a) the date of receipt by the Authority of the final payment from Anoka County of Tax Increments from the TIF District No. 1- 11, or (b) the Maturity Date as defined in the Addendum. The event referred to in Section 2(a) or (b) of this Agreement shall be evidenced by a certificate or affidavit executed by the Authority. 3. This Agreement shall be promptly recorded by the Authority. The Company shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, nor shall they be construed as, modifying the terms of the Addendum between the Authority and the Company. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. 6. Each of the parties has authority to enter into this Agreement and to take all actions required of it, and has taken all actions necessary to authorize the execution and delivery of this Agreement. 7. In the event any provision of this Agreement shall be held invalid and unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 8. The parties hereto agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements, amendments and modifications hereto, and such further instruments as may reasonably be required for correcting any inadequate, or incorrect, or amended description of the Property or the Minimum Improvements or for carrying out the expressed intention of this Agreement, including, without limitation, any further instruments required to delete from the description of the Property such part or parts as may be included within a separate assessment agreement. 9. Except as provided in Section 8 of this Agreement, this Agreement may not be amended nor any of its terms modified except by a writing authorized and executed by all parties hereto. 10. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 11. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. This Document was drafted by: KENNEDY & GRAVEN, Chartered 470 US Bank Plaza 200 South Sixth Street Minneapolis, Minnesota 55402 • • • • • IN WITNESS WHEREOF, the Authority has caused this Assessment Agreement to be executed in its name by its duly authorized officers and the Company has caused this Assessment Agreement to be executed in its corporate name. LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 2009, before me, a notary public within and for Anoka County, personally appeared and to me personally known who by me duly sworn, did say that they are the President and Acting Executive Director of the Lino Lakes Economic Development Authority (the "Authority ") named in the foregoing instrument; that the seal affixed to said instrument is the seal of said Authority; that said instrument was signed and sealed on behalf of said Authority pursuant to a resolution of its governing body; and said and acknowledged said instrument to be the free act and deed of said Authority. Notary Public LINO LAKES LODGING, LLC By Its STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by Lino Lakes Lodging, LLC, the on behalf of the company. Notary Public • • • CERTIFICATION BY COUNTY ASSESSOR The undersigned, having reviewed the plans and specifications for the aforementioned improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the above described property, hereby certifies that the values assigned to the land and improvements are reasonable. STATE OF MINNESOTA ) ) ss COUNTY OF ANOKA ) ANOKA COUNTYASSESSOR By Its • 2009 by The foregoing instrument was acknowledged before me this day of , the of Anoka County. • Notary Public C -5 Date: 11/12/2009 Time: 16:09:55 Ranges: Operator: KKF Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: (A) (A) (A) (A) (A) (R) 8294 (A) Options: Print Ranges /Options: Y Page on Department: N Department Vendor Name - 8294 # of copies: 1 Description ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ELECTIONS ELECTIONS FLFCTI ONS ELECTIONS FINANCE FINANCE FINANCE AFSCME COUNCIL #5 ANOKA COUNTY ANOKA COUNTY LAW ENFORCEMENT LABO MN CHILD SUPPORT PAY MINNESOTA REVENUE Total for D MONTHLY LOCAL #5 DUES OCT 09 RECORDING FEES • SEPT 09 RECORDING FEES LOCAL 260/299 DUES BRIAN C HRONSKI ID #0014 D LICHTSCHEIDL WAGE LEVY epartment LEAGUE OF MINNESOTA PRESS PUBLICATIONS, PRESS PUBLICATIONS, PRESS PUBLICATIONS, SPRINT Total for PRESS PUBLICATIONS, PRESS PUBLICATIONS, PRESS PUBLICATIONS, VIGER, JEAN CODE CONTRACT & LEGAL RE ADOPTION OF CODE OF ORDI D STOLTZ RESIGNATION PUB SUMMARY OF ORD 07 -D9 PUB MONTHLY CELL CHARGES Department 402 NOTICE OF MUNICIPAL ELEC NOTICE OF MUNICIPAL ELEC VOTING TABULATING PUBLIC REIMBURSE ELECTION DAY E Total for Department 403 MATT PARROTT AND SON W2 & 1099 FORMS FREAD, KIMBERLY MILEAGE REIMBURSEMENT ROSEVILLE, CITY OF NOV 09 IT SUPPORT Total for Department 407 PLANNING a ZONING PRESS PUBLICATIONS, RESCBEDULE P E Z MEETING Total for Department 416 POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE PREMIUM WATERS, INC. ANOKA COUNTY CENTRAL ANOKA COUNTY CENTRAL CUB FOODS ASPEN MILLS, INC. ASPEN MILLS, INC. CONNEXUS ENERGY FRATTALLONE'S HARDWA SAM'S CLUB, INC. STREICHER'S, INC. STREICHER'S, INC. MONTHLY BOTTLED WATER CH OCT 09 WIRELESS INTERNET RADIO SYSTEM EQUIPMENT'C MISC SUPPLIES K STREGE UNIFORM ALLOWAN POLICE RESERVE UNIFORMS OCT 09 UTILITY USAGE KEYS DOUBLE CUT MISC SUPPLIES C BRAGELMAN UNIFORM ALLO J MARTIN UNIFORM ALLOWAN -5- Amount 886.20 346.60 622.60 1,050.00 681.40 160.32 3,747.12* 4,226.00 238.50 35.78 47.70 116.82 4,664.80* 29.81 190.80 23.85 171.48 415.94* 179.68 19.80 5,769.58 5,969.06* 19.88 19.88* 28.14 774.18 462.98 128.72 19.13 298.90 21.37 6.39 60.27 96.18 229.99 • • • Date: 11/12/2009 Time: 16:09:55 • Department Operator: KKF Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS •ETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STRETCHER'S, INC. STREICHER'S, INC. THOMPSON ASSOCIATES MULTI CARE ASSOCIATES ST. PAUL, CITY OF PHYSIO- CONTROL, INC. SCHIRMERS, CHAD KLOSNER, VINCE T- MOBILE USA JOHNSON, ZACHARY Total for D MAP LIGHT FOR EXPEDITION RECHARGEABLE BATTERY RETURN STREAMLIGHT STING STREAMLIGHT STINGER /TRAF T PETERSON UNIFORM ALLOW W WEGENER UNIFORM ALLOWA PERSONNEL EVALUATION - M M PAULSON PHYSICAL OCT 09 RADIO SVC & MAINT LIFEPAK 500 RECHARGEABLE PETERSON & SCHIRMERS UNI ✓ KLOSNER UNIFORM ALLOWA LOCATOR TOOL Z JOHNSON UNIFORM ALLOWA epartment 420 ANOKA COUNTY TREASUR BROCK WHITE, INC. RICK JOHNSON DEER & CONNEXUS ENERGY AMERICAN MESSAGING XCEL ENERGY T.A. SCHIFSKY AND SO T.A. SCHIFSKY AND SO VIKING INDUSTRIAL CE WILLIAMS, JUSTIN WRIGHT /HENNEPIN CD-0 PENN CONTRACTING, IN Total for 3RD QTR SIGNAL MAINT RENTAL OF MELTER FOR 3 D DEER REMOVAL FOR MONTH 0 OCT 09 UTILITY USAGE MONTHLY PAGER SERVICE MONTHLY ENERGY CHARGE AC FINE ASPHALT AC MODIFIED ASPHALT MAXLITE DISPOSABLE FOAM J WILLIAMS CLOTHING ALLO MONTHLY UTILITY USAGE • CERT NO 1 - 2009 SURFACE Department 430 AMERICAN FASTENER & RYDEEN, LESTER BEE LINE ALIGNMENT S BEE LINE ALIGNMENT S ALTERNATOR & STARTER EGAN OIL COMPANY CRYSTEEL TRUCK EQUIP FRATTALLONE'S HARDWA G & K SERVICES, INC. FACTORY MOTOR PARTS FACTORY MOTOR PARTS HSBC BUSINESS SOLUTI HUGO MILL TOUSLEY FORD, INC. TOUSLEY FORD, INC. TOUSLEY FORD, INC. S /CAP,KOPR- KOTE,KOTE LUB L RYDEEN CLOTHING ALLOWA #366 2008 CROWN VIC ALIG #369 2008 CROWN VIC ALIG SHOP PARTS 2000 GALLONS UNLEADED JOYSTICK MTG KIT /CONN PI WINDOW REPAIR SCREEN MISC SUPPLIES PRO BATT PP54 /PRO BATT P THERMOSTAT ASM - '04 CHE WATERPROOF FLOATING FLAS ✓ BELT SUPPORT /DEFLECTOR SWITCH WHEEL ASSY FIRST CALL AUTO PART STOCK SUPPLY Total for Department 431 GOVERNMENT BUILDINGS ACE SOLID WASTE, INC MONTHLY RUBBISH REMOVAL • 78.00 133.54 - 133.54 171.95 45.95 17.09 425.00 364.00 425.00 193.39 53.54 34.81 100.00 16.97 4 053.95* 2,577.87 742.00 90.00 1,046.05 3.23 247.67 63.08 90.78 16.07 63.08 180.00 73,517.65 78,637.48* 41.21 62.04 75.00 75.00 107.13 4,775.80 98.24 6.3B 32.28 213.94 13.55 17.12 52.36 68.31 44.72 482.00 351.64 6,516.72* 437.51 s Date: 11/12/2009 Time: 16:09:55 Department Operator: KKF Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS ENVIRONMENTAL FORESTRY FORESTRY ADULT SPORTS DEBT SERVICE DEEP ROCK WATER COMP ANCHOR PAPER COMPANY C. P. OFFICE PRODUCT CENTENNIAL UTILITIES CONNEXUS ENERGY DALCO, INC. CENTERPOINT /MINNEGAS NARDINI FIRE EQUIPME COMCAST COMCAST MONTHLY WATER PURCHASE 1 YELLOW, BLUE, WHITE COPY APPT BK,WKLY PLNR,REFIL- OCT 09 UTILITY USAGE OCT 09 UTILITY USAGE RIM BNGR /URINAL BLOCK /CA OCT 09 GAS USAGE ABC FIRE EXT INSPECTION 1189 MAIN ST 600 TOWN CTR MNTHLY INTE PKWY MNTHLY ROSEVILLE, CITY OF NOV 09 MONTHLY PHONE BIL Total for Department 432 ACE SOLID WASTE, INC MONTHLY RUBBISH REMOVAL CENTENNIAL UTILITIES OCT 09 UTILITY USAGE CONNEXUS ENERGY OCT 09 UTILITY USAGE FRATTALLONE'S HARDWA 3" ROLLER /PAINT BRUSH FRATTALLONE'9 HARDWA MASK TAPE /FLOURESCENT OR CENTERPOINT /MINNEGAS OCT 09 GAS USAGE VIKING INDUSTRIAL CE MAXLITE DISPOSABLE FOAM ON SITE SANITATION I MONTHLY RENT -RG UNIT CRAIG SEVERSON CONST CONSTR. REMODEL AT 7204 Total for Department 450 PRESS PUBLICATIONS, RESCHEDULE ENVIRON BOARD Total for Department 461 ANOKA COUNTY TREASUR VIBRATOR PLOW RENTAL 8/1 ASLESON, MARTY M ASLESON CLOTHING ALLOW Total for Department 463 Total for Fund 101 SCHOEPHOERSTER, NED PETERSON, MARY JANE Total for BOESPFLUG, JUSTIN Total for COACHES REFUND PROGRAM REFUND - CORE PO Department TOURNAMENT REIMBURSEMENT Department 202 Total for Fund 201 II S BANK INCIDENTAL EXPENSES /0420 Total for Department 47D 71.36 578.57 103.55 3,387.89 1,132.67 285.01 190.16 177.50 34.95 34.95 951.30 7,385.42* 119.04 148.69 64.12 19.00 13.34 65.69 16.06 314.76 17,752.00 18,512.70* 19.88 19.88* 1,442.81 345.12 1,787.93* 131,730.88* 45.0D 20.00 65.00* 160.00 160.00* 225.00* 1,035.00 1,035.00* Total for Fund 321 1,035.00* OTHER ALLIED BLACKTOP, INC CERT NO 2 - 2009 SEALCOA OTHER T.A. SCHIFSKY AND SO CERT NO 2 - 2009 OVERLAY Total for Department 499 6,771.70 10,454.68 17,226.38* • Date: 11/12/2009 Time: 16:09:55 • Department Operator: KKF Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER 4111R R R SEWER SEWER SEWER • Total for Fund 421 INSTRUMENTAL RESEARC CIRCLE PINES POST OF CONNEXUS ENERGY GOPHER STATE ONE CAL AMERICAN MESSAGING CENTERPOINT /MINNEGAS XCEL ENERGY HD SUPPLY WATERWORKS HD SUPPLY WATERWORKS HD SUPPLY WATERWORKS HD SUPPLY WATERWORKS VIKING INDUSTRIAL CE WINNICK SUPPLY, INC. TOTAL COLIFORM HAL laaA MONTHLY UTILITY POSTAGE OCT 09 UTILITY USAGE OCT 09 LOCATES MONTHLY PAGER SERVICE OCT 09 GAS USAGE MONTHLY ENERGY CHARGE #14 SRII 3/4" MEAS CHANB #18 3 PLY REMOTE WIRE #3096 REPAIR SRII 3/4" REGISTER ECR 1 MAXLITE DISPOSABLE FOAM BALL VALVE /UNION /RANDOM Total for Department 494 Total for Fund 601 CIRCLE PINES POST OF MONTHLY UTILITY POSTAGE CENTENNIAL UTILITIES CONNEXUS ENERGY FRATTALLONE'S HARDWA GLENN REHBEIN EXCAVA GOPHER STATE ONE CAL LINO LAKES BLACKTOP, AMERICAN MESSAGING CENTERPOINT/MINNEGAS VIKING ELECTRIC SUPP S.R.WEIDEMA, INC. WINNICK SUPPLY, INC. METROPOLITAN COUNCIL OLSON'S SEWER SERVIC OCT 09 UTILITY USAGE OCT 09 UTILITY USAGE NYLON TWINE CORRECTION OF SANITARY S OCT 09 LOCATES ASPHALT DRIVEWAY REMOVAL MONTHLY PAGER SERVICE . OCT 09 GAS USAGE FUS TR100R CORRECTION TO SEWER SERV GALV TEE /ELBOW /NIPPLES /S MONTHLY WATER FLOW CHARG 1189 MAINT STR- ROTORING- Total for Department 495 Total for Fund 602 BLUE TOW SERVICE, IN CN 09- 253733 2006 GRAND BROCK WHITE, INC. 5 - 50 LBS BAGS OF PAM -1 Total for Department Total for Fund 801 Grand Total 17,226.38* 172.5D 346.93 1,215.28 131.22 12.70 199.66 36.30 570.46 481.62 167.42 3,042.81 16.07 154.13 6,547.10* 6,547.10* 346.93 13.61 281.15 5.87 1,842.25 131.23 1,500.00 3.23 38.77 68.84 8,951.25 67.94 52,112.79 260.75 65,624.61* 65,624.61* 125.15 204.13 329.28* 329.28* 222,718.25* -g- Date: 11/12/2009 Time: 16:15:07 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 8288 - B288 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: KKF Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: A Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000093 ACE SOLID WASTE, INC. 1 556.55 556.55 .00 .D0 000408 AFSCME COUNCIL #5 1 886.20 886.2D .00 .00 000160 ALLIED BLACKTOP, INC. 1 6,771.70 6,771.70 .00 .00 001013 ALTERNATOR & STARTER STORE, THE 1 107.13 107.13 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 1 41.21 41.21 .00 .00 002694 AMERICAN MESSAGING 1 19.16 19.16 .00 .00 000320 ANCHOR PAPER COMPANY, INC. 1 578.57 578.57 .0D .00 000370 ANOKA COUNTY CENTRAL COMMICATIONS 2 1,237.16 1,237.16 .00 .00 000421 ANOKA CO TREASURER DEPT 2 4,020.68 4,020.68 .00 .00 000420 ANOKA COUNTY 2 969.20 969.20 .00 .00 000490 ASLESON, MARTY 1 345.12 345.12 .00 000541 ASPEN MILLS, INC. 2 318.03 318.03 .00 000861 BEE LINE ALIGNMENT SERVICE 2 150.0D 150.00 .0D .00 000724 BLUE TOW SERVICE, INC. 1 125.15 125.15 .00 .D0 007922 BOESPFLUG, JUSTIN 1 160.00 160.00 .00 .00 000833 BROCK WHITE, INC. 2 946.13 946.13 .00 .D0 000946 C. P. OFFICE PRODUCTS 1 103.55 103.55 .0D .D0 001110 CENTENNIAL UTILITIES 1 3,550.19 3,550.19 .0D .00 002700 CENTERPOINT /MINNEGASCO, INC. 1 494.28 494.28 .00 .0D 001100 CIRCLE PINES POST OFFICE 1 693.86 693.86 .00 .00 004670 COMCAST 1 69.90 69.90 .00 .0D 001187 CONNEXUS ENERGY 1 3,760.64 3,760.64 .00 .00 • Date: 11/12/2009 Time: 16:15:07 City of Lino Lakes FM Entry - Invoice Journal .r # Name Operator: KKF Page: 2 Discount # of items Net Gross Discount Lost 900415 CRAIG SEVERSON CONSTRUCTION 1 17,752.00 17,752.00 .00 .00 001230 CRYSTEEL TRUCK EQUIPMENT, INC. 1 98.24 98.24 .00 .00 000389 CUB FOODS 1 128.72 128.72 .00 .00 001270 DALCO, INC. 1 285.01 285.01 .00 .00 000256 DEEP ROCK WATER COMPANY 1 71.36 71.36 .00 .00 001148 EGAN OIL COMPANY 1 4,775.80 4,775.80 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 2 227.49 227.49 .00 .00 007750 FIRST CALL AUTO PARTS 1 351.64 351.64 .00 .00 00156D FRATTALLONE'S HARDWARE, INC. 5 50.98 50.98 .00 .00 D07925 FREAD, KIMBERLY 1 19.80 19.80 .00 .00 002326 G & K SERVICES, INC. 1 32.28 32.28 .00 .00 001616 GLENN REHBEIN EXCAVATING, INC. 1 1,842.25 1,842.25 .0D .00 001660 GOPHER STATE ONE CALL 1 262.45 262.45 .00 .00 004562 HD SUPPLY WATERWORKS, LTD. 5 4,262.31 4,262.31 .00 .00 003271 HSBC BUSINESS SOLUTIONS 1 17.12 17.12 .00 .00 •24 HUGO MILL 1 52.36 52.36 .00 .00 03 INSTRUMENTAL RESEARCH, INC. 1 172.5D 172.50 .00 .00 007927 JOHNSON, ZACHARY 1 18.97 18.97 .00 .D0 007726 KLOSNER, VINCE 1 34.81 34.81 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 1,050.00 1,050.00 .00 .00 002310 LEAGUE OF MINNESOTA CITIES 1 4,226.00 4,226.00 .00 .00 002380 LINO LAKES BLACKTOP, INC. 1 1,500.00 1,500.00 .00 .00 D02486 MATT PARROTT AND SONS COMPANY, INC. 1 179.68 179.68 .00 .00 007694 METROPOLITAN COUNCIL 1 52,112.79 52,112.79 .00 .00 007581 MINNESOTA REVENUE 1 160.32 160.32 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 681.40 681.40 .00 .00 007371 MULTICARE ASSOCIATES OF THE 1 364.00 364.00 .00 .00 • Date: 11/12/2009 Time: 16:15:07 City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: 3 Discount Vendor # Name # of items Net Gross Discount Lo• 003090 NARDINI FIRE EQUIPMENT CO., INC. 1 177.50 177.50 .00 .00 007763 OLSON'S SEWER SERVICE, INC. 1 260.75 260.75 .00 .00 007730 ON SITE SANITATION INC 5 314.76 314.76 .00 .00 007587 PENN CONTRACTING, INC. 1 73,517.65 73,517.65 .00 .00 007924 PETERSON, MARY JANE 1 20.00 20.00 .00 .00 007656 PHYSIO- CONTROL, INC. 1 193.39 193.39 .00 .00 000057 PREMIUM WATERS, INC. 1 28.14 28.14 .00 .00 003600 PRESS PUBLICATIONS, INC_ 8 606.20 606.20 .00 .00 000B88 RICK JOHNSON DEER & BEAVER INC. 1 90.00 90.00 .00 .00 900491 ROSEVILLE, CITY OF 2 6,720.88 6,720.88 .00 .00 000405 RYDEEN, LESTER 1 62.04 62.04 .00 .00 003874 S.R.WEIDEMA, INC. 1 8,951.25 8,951.25 .00 .00 003910 SAM'S CLUB, INC. 1 60.27 60.27 .0D .00 007708 SCHIRMERS, CHAD 1 53.54 53.54 .00 .00 007923 SCHOEPHOERSTER, NED 1 45.00 45.00 .00 .0D 004788 SPRINT 1 116.82 116.82 .00 al 007468 ST. PAUL, CITY OF 1 425.00 425.00 .00 004240 STREICHER'S, INC. 8 639.16 639.16 .DD .00 007926 T- MOBILE USA 1 100.00 100.00 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 3 10,608.54 10,608.54 .00 .00 004416 THOMPSON ASSOCIATES 1 425.00 425.00 .00 .00 007682 TOUSLEY FORD, INC. 3 595.03 595.03 .00 .00 004560 0 S BANK 1 1,035.00 1,035.00 .00 .00 004720 VIGER, JEAN 1 171.48 171.48 .00 .00 003465 VIKING ELECTRIC SUPPLY, INC. 1 68.84 68.84 .00 .00 004730 VIKING INDUSTRIAL CENTER, INC. 1 48.20 48.20 .00 .00 007245 WILLIAMS, JUSTIN 1 63.08 63.08 .00 .00 • Date: 11/12/2009 Time: 16:15:08 City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: 4 Discount •or # Name # of items Net Gross Discount Lost 004840 WINNICK SUPPLY, INC. 2 222.07 222.07 .D0 .00 007421 WRIGHT /HENNEPIN CO -OP ELECTRIC ASSOC 1 180.00 180.00 .00 .D0 003250 XCEL ENERGY 7 283.97 283.97 .00 .D0 Grand Totals: 124 222,718.25 222,718.25 .00 .00* • • Date: 11/12/2009 Account # Time 16:15:08 City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: 5 Description Fiscal Debit Credit Main 101- 2040 -000 101 - 2081 -000 101- 402 - 4321 -000 101- 402 - 4340 -000 101- 402 -4410 -000 101 -403- 4200 -000 101- 403- 4340 -000 101 -407- 4200 -000 101- 407 - 4310 -000 101- 407 - 4330 -000 101 - 416 - 4340 -000 101 - 420 -4200 -000 101 - 420 - 4211 -000 101 -420- 4300 -000 101 -420- 4321 -000 101- 420- 4370 -000 101 - 420 - 4381 -000 101 - 420- 4386 -000 101 -420- 4410 -000 101 -430- 4223 -000 101 - 430- 4224 -000 101 - 430 - 4240 -000 101- 430 - 4321 -000 101 -430- 4370 -000 101- 430- 4385 -000 101- 430- 4410 -000 101- 430 - 4415 -000 101 -430- 4421 -000 101- 431 - 4212 -000 101 -431- 4221 -000 101 - 431 - 4300 -000 101 - 431 -437D -000 101- 432- 4200 -000 101- 432 - 4211 -000 101 - 432- 4321 -000 101- 432 - 4381 -000 101 -432- 4383 -000 101- 432- 4384 -000 101 -432- 4410 -000 101- 450- 4211 -000 101 -450- 4381 -000 101 - 450- 4383 -000 101 -450- 4384 -000 101- 450- 4410 -00D 101 - 461 -4340 -000 101- 463 - 4370 -000 101- 463 - 4410 -000 201- 202 -4106 -840 201- 3810 -810 GENERAL FUND PAYROLL WITHHOLDING 11/2009 2,777.92 GENERAL FUND DUE TO COUNTY -FENCE PERMIT 11/2009 969.20 GENERAL ADMINISTRATION TELEPHONE 11/2009 116.82 GENERAL ADMINISTRATION ADVERTISING 11/2009 321.98 GENERAL ADMINISTRATION CONTRACTED SERVIC 11/2009 4,226.00 GENERAL ELECTIONS OFFICE SUPPLIES 11/2009 171.48 GENERAL ELECTIONS ADVERTISING 11/2009 244.46 GENERAL FINANCE OFFICE SUPPLIES 11/2009 179.68 GENERAL FINANCE OTHER CONSULTANT 11/2009 5,769.58 GENERAL FINANCE TRAVEL /TUITION 11/2009 19.80 PLANNING & ZONING ADVERTISING 11/2009 19.88 GENERAL POLICE OFFICE SUPPLIES 11/2009 188.99 GENERAL POLICE MAINTENANCE SUPPLIES 11/2009 1,165.76 GENERAL POLICE PROFESSIONAL SERVICES 11/2009 789.00 GENERAL POLICE TELEPHONE 11/2009 100.00 GENERAL POLICE UNIFORMS 11/2009 515.66 GENERAL POLICE ELECTRICITY 11/2009 21.37 GENERAL POLICE POLICE RESERVES 11/2009 470.85 GENERAL POLICE CONTRACTED SERVICES 11/2009 802.32 GENERAL STREETS STREET SIGNS 11/2009 2,577.87 GENERAL STREETS PATHCHING MATERIALS 11/2009 153.86 GENERAL STREETS SMALL TOOLS 11/2009 16.07 GENERAL STREETS TELEPHONE 11/2009 3.23 GENERAL STREETS UNIFORMS 11/2009 63.08 GENERAL STREETS STREET LIGHTS 11/2009 1,473.72 GENERAL STREETS CONTRACTED SERVICES 11/2009 90.00 GENERAL STREETS RENTAL EQUIPMENT 11/2009 742.00 GENERAL STREETS CONTRACT D STORM SYSTEM 11/2009 73,517.65 GENERAL FLEET VEHICLE FUEL 11/2009 4,775.80 GENERAL FLEET SHOP PARTS 11/2009 1,528.88 GENERAL FLEET PROFESSIONAL SERVICES 11/2009 150.00 GENERAL FLEET UNIFORMS 11/2009 62.04 GOVER BUILDINGS OFFICE SUPPLIES 11/2009 682.12 GOVER BUILDINGS MAINTENANCE SUPPLIES 11/2009 285.01 GOVER BUILDINGS TELEPHONE 11/2009 1,021.20 GOVER BUILDINGS ELECTRICITY 11/2009 1,132.67 GOVER BUILDINGS HEAT 11/2009 3,578.05 GOVER BUILDINGS SANITATION 11/2009 437.51 GOVER BUILDINGS CDNTRAL.1'ED 11/2009 248.86 GENERAL PARKS MAINTENANCE SUPPLIES 11/2009 48.40 GENERAL PARKS ELECTRICITY 11/2009 64.12 GENERAL PARKS HEAT 11/2009 214.38 GENERAL PARKS SANITATION 11/2009 119.04 GENERAL PARKS CONTRAIILD SERVICES 11/2009 18,066.76 GENERAL ENVIRONMENTAL ADVERTISING 11/2009 19.88 GENERAL FORESTRY UNIFORMS 11/2009 345.12 GENERAL FORESTRY CONTRACTED SERVICES 11/2009 1,442.81 Fund Total: 131,730.88 RECREATION TEMP SOFTBALL ADULT FALL 11/2009 160.00 RECREATION PENNY CARNIVAL /PLAYGROUND 11/2009 20.00 .00 Date: 11/12/2009 Time: 16 :15:08 • • Account # City of-Lino Lakes FM Entry - Invoice Journal Operator: TGIF Page: 6 Description Fiscal Debit Credit 201 - 3810 -856 321 - 470 - 6030 -000 421 - 499 - 4400 -085 421- 499 - 4400 -086 601- 494 - 4211 -000 601- 494 - 4215 -000 601- 494 -4300 -000 601- 494 - 4321 -000 601- 494 - 4322 -D00 601- 494 - 4381 -000 601 - 494 - 4383 -000 601- 494 - 4410 -000 602 - 495- 4211 -000 602- 495 - 4300 -000 602 - 495- 4321 -000 602 - 495- 4322 -000 602- 495- 4381 -000 602 - 495- 4383 -000 602- 495- 4405 -000 602 - 495- 4410 -000 801- 2023 -000 801- 2387 -000 Control A/P RECREATION YOUTH SOCCER 11/2009 45.00 Fund Total: 225.00 PUB PROJ REV REFUND BOND 1999C AGENT FEE 11/2009 1,035.00 Fund Total: 1,035.00 STREET MAINTENANCE OTHER CONTRACTOR 2009 11/2009 6,771.70 STREET MAINTENANCE OTHER CONTRACTOR 2009 11/2009 10,454.68 Fund Total: 17,226.38 WATER OPERATING MAINTENANCE SUPPLIES 11/2009 170.20 WATER OPERATING WATER METERS 11/2009 4,262.31 WATER OPERATING PROFESSIONAL SERVICES 11/2009 172.50 WATER OPERATING TELEPHONE 11/2009 12.7D WATER OPERATING POSTAGE 11/2009 346.93 WATER OPERATING ELECTRICITY 11/2009 1,251.58 WATER OPERATING HEAT 11/2009 199.66 WATER OPERATING CONTRAtl'r.0 SERVICE 11/2009 131.22 Fund Total: 6,547.10 SEWER OPERATING MAINTENANCE SUPPLIES 11/2009 142.65 SEWER OPERATING PROFESSIONAL SERVICES 11/2009 260.75 SEWER OPERATING TELEPHONE 11/2009 3.23 SEWER OPERATING POSTAGE 11/2009 346.93 SEWER OPERATING ELECTRICITY 11/2009 281.15 SEWER OPERATING HEAT 11/2009 52.38 SEWER OPERATING MWCC SEWER CHARGES 11/2009 52,112.79 SEWER OPERATING CONTRACI'E1l SERVICE 11/2009 12,424.73 Fund Total: 65,624.61 CONTRACTOR'S DEPOSITS POLICE DRUG FORFEI 11/2009 125.15 CONTRACTOR'S DEPOS Highland Meadows 3rd 11/2009 204.13 Fund Total: 329.28 Grand Totals: 222,718.25 Control Grand Totals: .00 .00 .00 .D0 .00 .D0 .0D .0D .00 Date: 11/12/2009 Time: 16:15:08 City of Lino Lakes FM Entry - Invoice Journal Account # Operator: KKF Page: 7 Description Fiscal Debit Credit 101 - 2020 -000 201 - 2020 -000 321 - 2020 -000 421 -2020 -000 601 - 2020 -000 602 - 2020 -000 801- 2020 -000 Discount Manual Checks - Cash 601 - 1010 -000 602 - 1010 -000 GENERAL FUND ACCOUNTS PAYABLE 11/2009 131,730.88 RECREATION ACCOUNTS PAYABLE 11/2009 225.00 PUBL PROJ REV REFUND BONDS 1999C ACCT PY 11/2009 1,035.00 SEAL COATING ACCOUNTS PAYABLE 11/2009 17,226.38 WATER OPERATING ACCOUNTS PAYABLE 11/2009 6,200.17 SEWER OPERATING ACCOUNTS PAYABLE 11/2009 65,277.68 CONTRACTOR'S DEPOSITS ACCOUNTS PAYABLE 11/2009 329.28 A/P Grand Totals: .00 222,024.39 Discount Grand Totals: .00 .00 WATER OPERATING CASH 11/2009 346.93 SEWER OPERATING CASH 11/2009 346.93 Cash Grand Totals: .00 693.86 • • • • CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1 Check Issue Dates: 11/3/2009 - 11/18/2009 Nov 18, 2009 01:58PM Report Criteria: Report type: Summary GL Check Check Vendor Period Issue Date Number Number Payee Description 11/09 11/18/2009 4025 10600 11/09 11/18/2009 4026 11565 11/09 11/18/2009 4027 30480 11/09 11/18/2009 4028 30485 11/09 11/18/2009 4029 30490 11/09 11/18/2009 4030 30575 11/09 11/18/2009 4031 31008 11/09 11/18/2009 4032 31137 11/09 11/18/2009 4033 40010 11/09 11/18/2009 4034 40040 11/09 11/18/2009 4035 50130 11/09 11/18/2009 4036 50150 11/09 11/18/2009 4037 120450 11/09 11/18/2009 4038 140600 11/09 11/18/2009 4039 150140 11/09 11/18/2009 4040 160050 11/09 11/18/2009 4041 160150 11/09 11/18/2009 4042 170180 11/09 11/18/2009 4043 180600 11/09 11/18/2009 4044 240100 Grand Totals: ANCOM COMMUNICATIONS, IN ASPEN MILLS CENTENNIAL UTILITIES CENTER MART CENTERPOINT ENERGY CITY OF CIRCLE PINES COMCAST CONNEXUS ENERGY DALCO DEEP ROCK WATER COMPANY EMERGENCY MEDICAL PRODU ENERGY SALES, INC CITY OF LINO LAKES NORTHERN AIR CORPORATIO OFFICE DEPOT, INC PAETEC PEARSON EDUCATION QWEST CITY OF ROSEVILLE XCEL ENERGY PAGER REPAIR UNIFORM STATION 1 UTILITIES FUEL STATION 2 GAS 3RD QTR ACCOUNTING SERVI INTERNET STATION 1 ELECTRIC HAND TOWELS BOTTLED WATER MEDICAL SUPPLIES STATION 2 BLDG MTC FUEL STATION 2 HEATER MTC BAY 2 OFFICE SUPPLIES PHONES STATION 2 EMT CLASS WORKBOOKS PHONE EXPENSE IT SERVICE CONTRACT ELECTRIC STATION 2 Check Amount 198.11 89.58 152.14 148.86 146.35 1,500.00 188.00 256.56 168.18 33.94 262.79 68.56 30,155.18 1,759.96 195.91 431.25 106.96 55.66 655.58 408.29 36,981.86 • M = Manual Check, V = Void Check • • • SPECIAL COUNCIL MEETING November 2, 2009 DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 SPECIAL COUNCIL MEETING 4 5 DATE : November 2, 2009 6 TIME STARTED : 5:33 p.m. 7 TIME ENDED : 6:42 p.m. 8 MEMBERS PRESENT : Council Members Reinert, Gallup, O'Donnell 9 and Mayor Bergeson 10 MEMBERS ABSENT : none 11 12 Staff Present: Acting Administrator Dan Tesch; Community Development Director Michael 13 Grochala; Public Safety Director Dave Pecchia; City Attorney Joseph Langel; Deputy City Clerk 14 Jean Viger, Economic Development Coordinator Mary Alice Divine; City Clerk Julie Bartell 15 16 Mayor Bergeson called the meeting to order at 5:33 p.m. in the Community Room at Lino Lakes 17 City Hall. 18 19 Deputy Clerk Viger reviewed what had occurred to this point relative to the resignation of former 20 council member Stoltz including the council declaring by resolution a vacancy and Anoka 21 County instructing the city to proceed with the provisions of our city charter relative to 22 vacancies. The city has published and advertised as much as possible in the short period of time 23 allowed, a Notice of Vacancy, and that same notice will be posted on the city website and at all 24 polling places. If voters have questions about the vacancy and the process to fill it, they will be 25 referred to the notice or city hall. To avoid confusion election judges will not answer questions 26 but, if necessary, will instruct voters to vote for two as per the printed ballot If a voter were to 27 vote for more than two, the voting machine will not accept the ballot and the voter will be given 28 an opportunity to revote or to override the machine whereby the votes for that race only would 29 not be counted. 30 31 City Attorney Langel opined that the winner of the third seat (the third highest vote getter for city 32 council) would be filling a vacancy and therefore could take office as soon as possible. That 33 would generally be after the election is canvassed or later as the council determines. 34 35 The council concurred that the vacant position should be filled as soon as possible. 36 37 The meeting was adjoumed at 5:42 p.m. 38 39 These minutes were considered, corrected and approved at the regular Council meeting held on 40 November 23, 2009. 41 42 43 44 City Clerk, Julianne Bartell John Bergeson, Mayor • • • CITY COUNCIL WORK SESSION November 2, 2009 DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 CITY COUNCIL WORK SESSION 4 5 DATE : November 2, 2009 6 TIME STARTED : 5:45 p.m. 7 TIME ENDED : 8:20 p.m. 8 MEMBERS PRESENT : Council Members Gallup, O'Donnell 9 Reinert, and Mayor Bergeson 10 MEMBERS ABSENT : none 11 12 13 Also Present: Acting City Administrator Dan Tesch; Director of Public Safety Dave Pecchia; 14 Community Development Director Michael Grochala; City Planner Paul Bengtson; City Attorney 15 Joseph Langel; Economic Development Coordinator Mary Alice Divine; City Clerk Julie Bartell 16 17 1. Ordinance language enabling reverse mortgages — City Attorney Langel reported that 18 he spoke with the bank involved about the situation with the DeHaven's reverse mortgage 19 request. While it was originally thought that they would need to split their lot, it has come to 20 light that rather than a split the bank's concern is now that the city has a restriction on the deed 21 and they want that removed. 22 Martha DeHaven, 1612 Birch Street, told the council that she and her husband went through a 23 lengthy process attempting to secure a second mortgage on their property. Three years later, the 24 market isn't making that possible but they now find themselves with a covenant on their property 25 that is causing a problem. Their attorney has suggested that they seek advice and assistance 26 from the city to have it removed.. 27 Community Development Director Grochala remarked that the city has no need for the 28 declaration attached to the property so therefore would not have a problem if the DeHavens have 29 it removed. 30 The council concurred that the intent of helping the DeHavens has been to devise a system or a 31 trail that would be helpful to like residents who wish to stay in their homes. They directed the 32 city attorney to work with the DeHaven's attorney as necessary to assist in developing or defining 33 what is needed for the purpose of assisting with whatever the bank is now requiring for 34 financing. 35 2. Establishing 501(03 for Lino Lakes Volunteers in Police Services 36 Organization - Police Chief Pecchia noted that his department is in the process of exploring the 37 option of creating a non -profit organization (501c3) to serve as a fiscal resource to volunteer 38 groups that work with them. He reviewed information distributed showing the amount of 39 services and hours the volunteer organizations provide to the department. He noted the groups 40 involved, the Community Emergency Response Team (CERT), Interns, Public Safety Citizens CITY COUNCIL WORK SESSION November 2, 2009 DRAFT 41 Commission, Volunteers in Police Services, the chaplains, Police Explorers and Police Reserves. 42 Representatives of some groups spoke about their work. 43 Karen Anderson, Community Relations Coordinator for the Lino Lake Police Department, added 44 that the non -profit group would include representatives of all those volunteer organizations. The 45 non -profit status would allow them to raise funds for their efforts. This idea is being formulated 46 and the department wishes for the council to be aware at this early stage. 47 City Attorney Langel indicated that he sees no problem in the establishment of such a group. 48 A council member urged caution that, when funds are being raised, there should be no 49 implication that services are attached to donations. 50 3. Amending the Composition of the EDA — Economic Development Coordinator Divine 51 introduced Joe Stranik and Dave Roeser, members of the Economic Development Advisory 52 Committee (EDAC). She recalled that the city council and EDAC discussed the possibility of 53 adding a member or members of EDAC to the city's Economic Development Authority (EDA) 54 that is currently comprised of council members only, in order to provide a communication device 55 for EDAC as well as draw on their business expertise. She reviewed the information in her staff 56 report regarding how the city's EDA could be structured to include citizen members. The 57 concept had been researched by attorney Steve Bubul of Kennedy and Graven at the city's 58 request. Ms. Divine also reviewed the pros and cons of adding citizens members included in her 59 report. She reported on EDAC's comments on the legal review and noted their request for 60 information on how citizen members would be covered by the city's insurance. She is requesting 61 council direction on whether to proceed with a change process and, if so, what change. 62 Council members commented as follows: 63 - it makes sense to have a member of EDAC on the EDA but that shouldn't be a voting member 64 since they are not elected officials; 65 - No issues with a voting member from EDAC; it's more important to consider the EDA's 66 power, 67 - Don't like the idea of excluding a council member from the EDA to add a EDAC member; 68 - Good idea to bring in two EDAC members (let them decide who from their ranks) and no issue 69 with those members being allowed to vote with final council approval on actions; 70 EDAC Member Stranik suggested that, if there is EDAC membership, it should be two designees 71 to allow for coverage (absences). He suggested that the Committee will come back with their 72 position on the question of voting or non - voting member. 73 Ms. Divine added that they are looking at something beginning in January 2010. The attorney 74 will be asked to further opine on the question of appropriate terms. 75 4. Zoning Ordinance Amendment - Home Occupations, Residential Parking, 76 and Exterior Storage (Regular Agenda Item) — City Planner Bengtson noted that the council 77 discussed the question of changes to the home occupation language in the zoning ordinance when 78 they were reviewing the comprehensive plan update. Staff indicated they would be coming back 2 —19— • • • • • CITY COUNCIL WORK SESSION November 2, 2009 DRAFT 79 with some clarification to the definition of home occupation and exclusions. After much 80 discussion at the staff and Planning and Zoning Board level, the council is receiving a proposal 81 for a three -tiered system (replacing the current two -tiered system). Mr. Bengtson pointed out that 82 staff continues to recommend a permit fee for the top two tiers while the Planning and Zoning 83 Board recommended a fee for only tier three. The Board also recommended extending the hours 84 for tier three. The system includes registration that staff feels will be helpful in staying in touch 85 with businesses as well as making it clear what is allowed. 86 Mr. Bengtson noted that the report also includes some "clean-up" changes relating to parking and 87 exterior storage, with an analysis as well as recommendations in both of those areas 88 The council concurred that a low fee would be appropriate. Staff indicated there is no urgency to 89 approving the proposal and a council member requested more time to review the proposal. The 90 council requested: a) copies of the Planning and Zoning Board minutes; b) more discussion at the 91 next regular work session; and c) the current zoning code language. 92 5. (Low Impact Development) Bonestroo Professional Services Contract — Community 93 Development Director Grochala noted that the council has approved execution of a grant from 94 the Minnesota Department of Natural Resources for community conservation assistance. Staff 95 brought forward a contract for consulting services with Bonestroo and the council requested 96 further information. Mr. Grochala explained that the general goal of the low impact development 97 — a part of the city's overall goals — is to use a sensitive approach to storm water management. 98 The consultant in this case would assist in setting up the city's system to promote this type of 99 development consideration as developments are considered. 100 The council will consider the contract with Bonestroo at the next regular meeting. 101 6. Televising of City Meetings - Acting Administrator Tesch noted that the council 102 received a recommendation from the Charter Commission to televise all council meetings and 103 has considered and discussed this matter at several meetings. Regular council meetings held in 104 the council chambers are currently televised. Staff is presenting options for televising council 105 work sessions. 106 Council members commented on the options: 107 - It would seem possible to use the council chambers less formally for work sessions or to wait to 108 properly outfit the community room; 109 - Would recommend a pilot project using the chambers (it was acknowledged that the Park Board 110 meetings would be dislocated under this option); 111 - Would prefer to properly outfit the community room but the money to pay for that just isn't 112 available; 113 - On option to improve transparency is to put the "open mike" section of the council meeting on 114 camera; if that is done, it must be kept orderly with a sign -up sheet and rules and a limitation of 115 discussion to city business; 116 - There should be away for people to address the council off camera if that is their desire. • 117 The council concurred to implement the change in "open mike" immediately. 3 —20— CITY COUNCIL WORK SESSION November 2, 2009 DRAFT 118 Regular Council Agenda Review 119 The meeting was adjourned at 8:20 p.m. 120 These minutes were considered and approved at the regular Council meeting held on November 121 23, 2009. 122 123 124 125 Julianne Bartell, City Clerk John Bergeson, Mayor 4 -21- • • COUNCIL MINUTES November 9, 2009 DRAFT • 1 2 CITY OF LINO LAKES 3 MINUTES 4 REGULAR COUNCIL MEETING 5 6 7 DATE : November 9, 2009 8 T EVIE STARTED : 6:30 p.m. 9 TIME ENDED : 7:15 p.m. 10 MEMBERS PRESENT : Council Members Gallup, Reinert, O'Donnell, 11 and Mayor Bergeson 12 MEMBERS ABSENT : none 13 14 Staff members present: City Attorney, Joseph Langel; Director of Public Safety Dave Pecchia; 15 Director of Finance Al Rolek; Director of Community Development Michael Grochala; City 16 Engineer Jim Studenski; Public Services Director Rick DeGardner; City Clerk Julie Bartell. 17 18 PUBLIC COMMENT /OPEN MIKE 19 20 There was no public comment. 21 SETTING THE AGENDA • 22 23 24 The agenda was amended to indicate that Items 6Bi and 6Bii would be considered at a future .. 25 meeting; and to add presentation of a donation from the Turtleman Triathalon. 26 27 SPECIAL PRESENTATIONS 28 29 Centennial Fire District — Life Saver Award - Chief Jerry Streich presented several awards given 30 by North Memorial Ambulance Service. These awards are presented when a responder supplies 31 care from the time they arrive until the time they are discharged. Two awards are being 32 presented this evening. He presented an award to the following firefighters who were involved 33 in a life saving incident on June 17, 2009: David Bruder, Bill King, Michael Masters, Michael 34 Manthey, James Mesaros, Michael Peterson, Michael Schellenberg, James Scott, and Kevin 35 Stewart. Chief Streich also presented awards for a life saving incident that occurred on July 6, 36 2009 to the following firefighters: Michael Manthey, Michael Mooney, Brad Recutt, Kevin 37 Stewart. Mayor Bergeson assisted with the distribution of awards. 38 39 Turtleman Triathalon — Police Chief Pecchia accepted a check for the Lino Lakes Police 40 Department for $3,500 from Mark Steng representative of the Turtleman Triathalon. There are 41 twelve Police Reserve volunteers that assist during this event. Chief Pecchia noted that the 42 donation is very much appreciated. 43 44 Council Member Reinert moved to accept the funds. Council Member Gallup seconded the . 45 motion. Motion carried. 1 _22_ COUNCIL MINUTES November 9, 2009 DRAFT 46 47 48 CONSENT AGENDA 49 50 Council Member O'Donnell moved to approve the Consent Agenda. Council Member Gallup 51 seconded the motion. Motion carried. 52 53 ITEM ACTION 54 55 1A. Consideration of Expenditures: 56 i) November 9, 2009 (Check No. 87107 through 87173), 57 $297,996.64; Approved 58 ii) Centennial Fire District (Check No. 4012 through 4024), 59 $8,822.76 Approved 60 61 1B. Approval of October 26, 2009 Council Work Session Minutes Approved 62 63 1C. Approval of October 26, 2009 City Council Meeting Minutes Approved 64 65 1D. Consideration of Resolution No. 09 -93, Accepting Donations 66 for the Gobbler Games Special Event Approved 67 68 FINANCE DEPARTMENT REPORT, AL ROLEK 69 70 2A. Consideration of Resolution 09 -97, Authorizing the Issuance of $4,335,000 71 G.O. Revenue Note to Anoka County for the Reconstruction of the 72 I- 35E /CR 14 Interchange 73 Finance Director Al Rolek noted that the amount of the note has changed to $4,260,000 based 74 on current negotiations. A joint powers agreement (JPA) for reconstruction of the I- 35E/CSAH 75 14 interchange under a project led by Anoka County has been approved by the council. The 76 JPA calls for the city's portion of the project costs to be financed through the county and the city 77 would concurrently issue this note to secure it's payment to the county. He briefly reviewed the 78 terms of the proposed bonds and introduced Terri Heaton of Springsted, Inc (financial 79 consultant) and Steve Bubul of Kennedy & Graven (bond counsel). 80 81 Ms. Heaton explained that the bonds were priced through Anoka County to come in with the 82 best possible interest rate. The interest rate is 3.49 percent based on a premium bid. 83 84 Steve Bubul explained that the city is issuing the note because the county is constructing the 85 project and doing initial financing for the entire project. The process chosen to pay the county is 86 seen to be efficient and beneficial to the city. The numbers presented to the council are tied to 87 the debt service that the county is committing to as well as a small annual fee to be paid to the 88 county. 89 90 Council Member O'Donnell moved to approve Resolution No. 09 -97 as presented. Council 2 -23- • • COUNCIL MINUTES November 9, 2009 DRAFT • 91 Member Reinert seconded the motion. Motion carried. 92 93 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 94 95 3A. City Code Update Project 96 i. Public hearing and first reading of Ordinance No. 10 -09, amending, 97 restating, revising, updating, codifying, and compiling certain ordinances 98 of the city dealing with the subjects embraced in the Code of Ordinances 99 100 City Clerk Bartell reported that the Lino Lakes City Code establishes the laws, rules and 101 policies under which the city operates. Although there have been amendments approved by the 102 council and state law changes impacting city regulations, this document has not been updated 103 since 1993. Therefore staff engaged in a project to have the code reprinted to include updated 104 language and all ordinance amendments since 1993. The process has involved an external 105 legal review of the code as well as an internal process that included input from department 106 directors and several city council work session reviews. Changes have been incorporated and 107 the code has been reprinted. If the code is approved, it will also be made available on -line. 108 109 The public hearing was opened. 110 111 There being no one present wishing to speak on this item, the public hearing was closed at 6:50 ID112 p.m. 113 114 Council Member Reinert moved to dispense with full reading of the ordinance Council 115 Member O'Donnell seconded the motion. Motion carried. 116 117 Council Member Reinert moved to approve the first reading of Ordinance No. 10 -09 as 118 presented. Council Member Gallup seconded the motion. Motion carried. • 119 ii. First reading of Ordinance No. 09 -09, establishing the 2010 City Fee 120 Schedule (Appendix A to the City Code) 121 City Clerk Bartell explained that Item 3Aii is the city fee schedule. The city charges certain fees 122 for services and those fees are consolidated into one schedule to be reviewed and adopted on an 123 annual basis. The fee schedule is then included as Appendix A to the code. The fee schedule 124 presented has been reviewed and updated for 2010 by department directors. By and large, the 125 recommended changes are non - substantive and corrective in nature, for example removing 126 duplications, adding sales tax where appropriate, or removing services that are no longer 127 provided. 128 Council Member O'Donnell moved to approve the first reading of Ordinance No. 09 -09 as 129 presented. Council Member Gallup seconded the motion. Motion carried. 130 131 3B. Temporary Sergeant Assignment 132 3 —24— COUNCIL MINUTES November 9, 2009 DRAFT 133 Police Chief Pecchia reported that with a retirement and injuries in the department, the 134 department would like to have an acting sergeant position. This has been done in the past and 135 serves as a good training situation. He recommends the temporary change. 136 137 Council Member Reinert moved to approve the temporary assignment. Council Member 138 O'Donnell seconded the motion. Motion carried. 139 140 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 141 142 There was no report from the Public Safety Department. 143 144 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 145 146 5A. First reading of Ordinance No. 13 -09, sale of a segment of parkland, Highland 147 Meadows Park 148 149 Public Services Director DeGardner reported that Mr. and Mrs. Judd of 670 Arlo Lane are 150 interested in acquiring a piece of city -owned property adjacent to Highland Meadows Park in 151 order to provide adequate setback for a proposed addition to their garage. He explained that 152 historically the property in question was intended to be sold to the Judds by the owner /developer 153 of the land as a buffer area but since that didn't occur, the land was deeded to the city. He 154 reviewed the possible financial gain from the sale and the city charter requirements regarding 155 the sale of land. Typically staff is guarded regarding the sale of park land but is open to this sale 156 because the land in question was never intended to be a part of the park and has no effect on the 157 functionality of the park. He explained that the Park Board considered this sale and 158 recommended that the city convey the easternmost ten feet of Outlot B to the Judds for $2,000 159 with the Judds to be responsible for associated fees. The Judds are requesting that the city 160 convey the entire Outlot B parcel to them for $4,000 and that city be responsible for associated 161 fees. Mr. DeGardner remarked that if the city does in fact sell the property in question, he 162 recommends certain conditions explained in the report. 163 164 Council Member Reinert moved to approve the first reading of Ordinance No. 13 -09 to reflect 165 the sale of the property to Mr. and Mrs. Judd for $4,000 and with the city being responsible for 166 related fees. Council Member O'Donnell seconded the motion. Motion carried. 167 168 169 170 6A. 171 172 173 174 175 6B. Legacy at Woods Edge PUD Amendment 176 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA This ordinance had been removed from the agenda. 4 —25— • • • COUNCIL MINUTES November 9, 2009 DRAFT • 177 i. Second Reading of Ordinance No. 11 -09, Amending Ordinance 04 -04 and 178 the Lino Lakes Town Center Design and Development Guide to allow 179 Assisted Living Facilities in certain land use categories within the Legacy at 180 Woods Edge project area, Paul Bengtson 181 ii. Consideration of Resolution No. 09 -94, Summary of Ordinance No. 11 -09 for 182 Publication, Paul Bengtson 183 184 Consideration of Items 6Bi and 6Bii was postponed to a future meeting by consent of the 185 council. 186 187 6C. Consideration of Resolution No. 09 -91, Authorizing Execution of Professional 188 Services Agreement with Bonestroo for Update of Official Controls (Tabled 189 10/26/2007) 190 191 Community Development Director Grochala recalled that the city was granted and accepted a 192 grant award from the Minnesota Department of Natural Resources to assist with integration of 193 natural resources information into development, conservation and policy plans. Staff is 194 proposing that the city contract with Bonestroo, Inc. to assist in updating city ordinances in this 195 area. 196 197 A council member indicated that he agrees with the motive and intent of the work but also wants 198 assurance that it would not be an encumbrance to someone developing a single family lot. • 199 200 Director Grochala replied that staffs intent is to weave some requirements into the city code to 201 expand in the area of environmental sensitivity but not as encumbrances to developing lots. 202 203 Council Member Gallup moved to approve Resolution No. 09 -91 as presented. Council 204 Member O'Donnell seconded the motion. Motion carried. 205 206 UNFINISHED BUSINESS 207 208 There was no unfinished business. 209 210 NEW BUSINESS 211 212 There was no new business. 213 214 215 216 There being no further business, Council Member O'Donnell moved to adjourn at 7:15 p.m. 217 Council Member Gallup seconded the motion. Motion carried. 218 219 These minutes were considered and approved at the regular City Council Meeting on November 220 23, 2009. • 221 222 5 —26— 223 COUNCIL MINUTES 224 Julianne Bartell, City Clerk 225 226 227 228 229 230 231 232 233 234 235 236 November 9, 2009 DRAFT John Bergeson, Mayor Community Calendar- A Look Ahead November 10, 2009 through November 23, 2009 4 Wednesday, November 11 4 Wednesday, November 18 4 Wednesday, November 18 4 Monday, November 23 • Monday, November 23 Veterans Day Holiday 6:30 pm, Council Chambers 6:30 pm, Community Room 5:30 pm, Community Room 6:30 pm, Council Chambers City Hall Closed Planning & Zoning Environmental Board Council Work Session Council Meeting 6 -27- • AGENDA ITEM 1 E • • STAFF ORIGINATOR: Julie Bartell, City Clerk DATE: November 23, 2009 TOPIC: Approve Application of Centennial Middle School PTA to Conduct Excluded Bingo Event VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: The City has received an application from the Centennial Middle School PTA to conduct their annual bingo fundraising event at Centennial Middle School, 399 Elm Street on February 5, 2010. Under Minnesota Statutes, Section 349.166, excluded bingo may be conducted by an organization that conducts four or fewer bingo occasions in a calendar year, or in connection with a county fair, the state fair, or a civic celebration if it is not conducted for more than 12 consecutive days. The Centennial Middle School organization meets this requirement. The organization also meets the requirements of the Lino Lakes City Code in regard to the number of members who are residents of the City. The application, a certificate indicating the non - profit status of the organization and the results of a background check are on file in the city clerk's office. OPTIONS: 1 Approve the request to conduct the bingo event. 2. Deny the request. RECOMMENDATION: Option No. 1 • • DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT DRAFT CITY OF LINO LAKES MINUTES CANVASSING BOARD : November 9, 2009 . 6:20 p.m. . 6:25 p.m. : Council Members Reinert, Gallup, O'Donnell and Mayor Bergeson : none Staff members present: Deputy City Clerk Jean Viger, City Attorney Joseph Langel; and City Clerk Julie Bartell Deputy City Clerk Viger reviewed the results of the Lino Lakes election held on November 3, 2009. At the board's request, City Attorney Langel reported on the status of filling the vacant city council seat. Under the provisions of the city charter the third highest vote getter will fill the vacant seat, that person being Dave Roeser. Under state statute, Mr. Roeser would be eligible to receive his election certificate and take the oath of office seven days after canvassing is complete, or November 17, 2009 at the earliest. That is also contingent upon Mr. Roeser filing his campaign fund disclosures. Canvassing Board Member Gallup moved to accept the November 3, 2009 General Election Results, as presented. Canvassing Board Member Reinert seconded the motion. Motion carried. Being no further business, Canvassing Board Member O'Donnell moved to adjourn at 6:25 p.m. Canvassing Board Member Gallup seconded the motion. Motion carried. These minutes were considered, corrected and approved at the regular Council meeting held on November 23, 2009. City Clerk, Julianne Bartell John Bergeson, Mayor • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND AGENDA ITEM 3Ai Julie Bartell, City Clerk November 23, 2009 Second reading and adoption of Ordinance No. 09 -10, Adopting a Code of Ordinances for the City of Lino Lakes (amending, restating, revising, updating, codifying, and compiling certain ordinances of the city dealing with the subjects embraced in the code of ordinances) 3/5 The Lino Lakes City Code establishes the laws, rules and policies under which the city operates. Although there have been amendments approved by the council and some state law changes impacting city regulations, this document has not been updated since 1993. The council's most recent Goals, Objectives, Management Action Plan calls for completion of a project to bring this document up to date. Currently, the City Code is maintained in the form of a three -ring binder into which staff inserts ordinances as they are approved by the city council. A portion of the code update project is to have that code book reprinted to include all changes since 1993. In addition, staff intends that the city will also maintain the code on -line, making information accessible from the city's Web page. This type of access to city regulations is now widely expected by citizens, the city's legal counsel, the police department and the larger community in general. To this end, city staff and the council have engaged in the following process: • The city hired a codifier company who prepared a draft code that includes all changes since 1993 and whose legal staff advised the city on changes to bring the code up to date (mainly with state law); • Department directors were asked to review and approve portions of the draft code that relate to their area of responsibility along with consider the changes recommended by the code company's legal counsel; • The city clerk inserted all changes into the draft code document for review by the council. The council has overviewed the code, section by section, with staff explaining any changes that were seen as substantive and with the council incorporating changes as they deemed appropriate; • Based on council direction at the October work session, staff has proceeded with an approval preparation process by publishing appropriate notice that a new code will be considered by the council and informing tobacco dealers of changes to regulations impacting their business (as required by state law). The update project does not include the zoning section of the code since those regulations will be updated as part of implementation of the comprehensive plan. A copy of the new code that shows all the changes (underline and strike out) has been available for public review throughout the project. The council held a public hearing and granted approval to first reading of Ordinance No. 10 -09 on November 9, 2009. RECOMMENDATION Staff recommends approval of second reading and adoption of Ordinance No. 09 -10 adopting a new city code. • • • • • l'` Reading: November 9, 2009 Publication: 2nd Reading: Effective: Council Member moved for adoption of the following ordinance. CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 10 -09 ADOPTING A CODE OF ORDINANCES FOR '11iL+' CITY OF LINO LAKES, MINNESOTA, AMENDING, RESTATING, REVISING, UPDATING, CODIFYING, AND COMPILING CERTAIN ORDINANCES OF THE CITY DEALING WITH 11:11C SUBJECTS EMBRACED IN THE CODE OF ORDINANCES. Whereas, pursuant to State law and the Charter of the City of Lino Lakes, Section 3.11, the City Council has reviewed, rearranged and revised the Lino Lakes Code of Ordinances as part of a project to update said Code; and Whereas, pursuant to the Charter of the City of Lino Lakes, Section 3.11, the City Council has authorized publication of said Code into a book that has been made available for public review; and Whereas, pursuant to the Charter of the City of Lino Lakes, Section 3.11, a notice was published in the city's official newspaper for two successive weeks informing the public of the City Council's intent to adopt the updated Lino Lakes Code of Ordinances; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINO LAKES DOES ORDAIN: Section 1. The general ordinances of the city as amended, restated, revised, updated, codified and compiled in book form, including penalties for the violations of various provisions thereof, are adopted and shall constitute the Code of Ordinances of the City of Lino Lakes. This Code also adopts, by reference, certain statutes and administrative rules of the State of Minnesota as named in the Code of Ordinances. Section 2. The Code of Ordinances as adopted in Section 1 shall consist of the following titles: TITLE 100: GENERAL PROVISIONS TITLE 200: COUNCIL AND ADMINISTRATION TITLE 300: PUBLIC PROPERTY AND IMPROVEMENTS TITLE 400: WATER AND SEWER TITLE 500: GENERAL REGULATIONS TITLE 600: BUSINESS AND ACTIVITY LICENSES TITLE 700: LIQUOR AND BEER TITLE 900: NUISANCES TITLE 1000: LAND USAGE TITLE 1100: SHORELAND AND FLOOD PLAIN MANAGEMENT TABLE OF SPECIAL ORDINANCES APPENDIX: FEE SCHEDULE PARALLEL REFERENCES Section 3. All prior ordinances pertaining to subjects treated in the Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance, except as they are included and re- ordained in whole or in part in the Code of Ordinances; provided this repeal shall not affect any offense committed or penalty incurred, or any right established prior to the effective date of this ordinance, nor shall this repeal affect the provisions of ordinances levying taxes; appropriating money, annexing or detaching territory; establishing franchises; granting special rights to certain persons; authorizing public improvements; authorizing the issuance of bonds or borrowing of money; authorizing the purchase or sale of real or personal property; granting or accepting easements, plat or dedication of land to public use; or vacating or setting the boundaries of streets or other public places; nor shall this repeal affect any other ordinances of a temporary or special nature or pertaining to subjects not contained in or covered by the Code of Ordinances. All fees established in prior ordinances shall remain in effect unless amended in this Code of Ordinances, or included in the city's fee schedule ordinance. Section 4. This ordinance adopting the Code of Ordinances shall be a sufficient publication of any ordinance included in it and not previously published in the city's official newspaper. The city clerk shall cause a sufficient quantity of the Code of Ordinances to be printed for general distribution to the public at a cost established by the city, and shall furnish a copy of the Code of Ordinances to the County Law Library or its designated depository. The official copy of this Code of Ordinances shall be marked and kept in the office of the city clerk. Section 5. The Code of Ordinances is declared to be prima facie evidence of the law of the city and shall be received in evidence as provided by Minnesota Statutes by the courts of the State of Minnesota. Section 6. This ordinance adopting the Code of Ordinances, and the Code of Ordinances itself, shall take effect upon passage and publication according to the city charter. Attest: Julianne Bartell, City Clerk -33- John Bergeson, Mayor • • IIIAdopted by the Lino Lakes City Council this 23rd day of November, 2009. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. • • • AGENDA ITEM 3Aii STAFF ORIGINATOR: Julie Bartell, City Clerk DATE: November 23, 2009 TOPIC: 2nd Reading and Adoption of Ordinance No. 09 -09 Establishing the 2010 Fee Schedule VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: In order to provide for a more efficient and timely method of reviewing and adjusting the various fees charged by the City, fees are consolidated into one schedule to be reviewed and adopted on an annual basis. Rather than including fees individually within sections of the Lino Lakes Code of Ordinances, the fee schedule is included as Appendix A to the code. The City's current fee schedule has been circulated to department directors with a request to update or amend the schedule as appropriate for 2010. Ordinance No.09 -09 (the proposed 2010 Fee Schedule) is attached. Recommended amendments to the ordinance are printed in red. By and large, the changes are non - substantive and corrective in nature, i.e. removing duplications, adding sales tax where appropriate, or removing services that are no longer provided. In addition to those corrections, some changes are outlined below for your review: Party Wagon — This service is no longer available through the Parks & Recreation Department due to budget constraints; Ordinance Amendment — These are not new fees but are replacing those previously entitled Rezoning; the new language better describes this activity; Concept Plan Review — A new escrow deposit is being established for this type of review. The 2010 Fee Schedule Ordinance was presented to the council on November 9, 2009 and first reading was approved. Staff is now requesting second reading and approval of this ordinance. RECOMMENDATION: Approve second reading and adoption of Ordinance No. 09 -09 lst Reading: Publication: 2 "d Reading: Effective: City of Lino Lakes Ordinance No. 09 -09 AN ORDINANCE ADOPTING THE 2010 CITY OF LINO LAKES FEE SCHEDULE AND PROVIDING FOR THE ISSUANCE OF LICENSES, PERMITS AND COLLECTION OF FEES THEREOF; REPEALS ALL ORDINANCES, PARTS OF ORDINANCES AND PREVIOUS FEE SCHEDULES THAT CONFLICT THEREWITH. The City of Lino Lakes City Council does ordain the following: Section 1. Findings. Pursuant to Minnesota Law, the Lino Lakes City Charter, and the Lino Lakes City Code, and upon a review of a study conducted by City Staff, a fee schedule for City services and licensing is hereby adopted as follows: 2010 FEE SCHEDULE ALCOHOLIC BEVERAGES 3.2 Beer Investigation 3.2 Beer Off -Sale 3.2 Beer On -Sale 3.2 Beer On -Sale Temporary Club License Liquor License Investigation Fee Liquor On -Sale License Liquor Off -Sale Liquor Temporary Permit Temporary Set -Up License Wine License Investigation Fee Wine Sunday Liquor AMUSEMENT & COMMERCIAL RECREATION Cabaret License Dances Gambling Permit Application State Licensed Gambling BUSINESS & MISCELLANEOUS Assessment Search Fee Burning Permit Dog Kennel - Private Dog Kennel - Commercial Dog License Male /Female Dog License Male /Female Copies: Mailed Minutes 1 $250.00 Indiv.; $450.00 Corporate $200.00/Year $300.00/Year $50.00 + $5.00 /Day $300.00 $250.00 Indiv.; $450.00 Corporate $4,500.00/Year $200.00 $50.00 $25.00 $250.00 Indiv.; $450.00 Corporate $500.00/Year $200.00/Year $35.00 $200.00/Year $10.00 Regulation Tax 3% of gross receipts less prizes paid $20.00 /Search $50.00 $20.00/Year $100.00 /Year $10.00 $5.00 (Spayed or Neutered) $36.00/Year Copies: Mailed Agenda Copies: Per Page Copies: New Resident Labels Copies: Aerial /Topo Map City Charter City Code Book City Map Comp. Plan. Computer Disk or DVD Environmental Handbook Fax Charge Garbage Hauler License Overweight Permit Pawn Shop Class A Pawn Shop Class B Class A Secondhand Goods Dealer Class B Secondhand Goods Dealer Class C Secondhand Goods Dealer Pawn Shop Investigation Pawn Shop In State Investigation Pawn Shop Out State Investigation Peddler, Solicitor, Transient Merchant Recycling Container Purchase Rental License (annual) Rental License Reinspection Fee Special Event Permit Tapes: Audio Tapes: Video Tobacco License Return Check Charge Zoning Maps Zoning Ordinance PARK & RECREATION USER FEES Field Rental - Resident Only Baseball /Softball Drag Only Baseball /Softball Drag & Chalk Soccer (Excluding Youth) Picnic Shelter Reservation Party Wagon Block qty Mon. Thurs., Non Block Party Fri., Sat. Or Sun., Non Block Party Playground Grab Bags 2 $12.00 /Year 1st 10 Copies Free, then .25 per Page $5.00 per Month Flat Fee $10.00 1st Copy Free; $10.00 Each Add'l $75.00 $2.50 $55.00 $7.00 $55.00 1st 10 Pages Free, then .25 per Page $75.00 /First Truck; $45.00 Each Add'l $20.00 $10,000.00 $7,000.00 $720.00 $105.00 No Fee $15,000 (deposit on costs) $750.00 $20,000.00 $250.00/6 months 1st Free / $8.00 for each Additional $50.00 for 1 or 2 units $50.00 + $10 per unit for 3 or more units (fee to be reduced by 50% if issues less than six months from expiration date) $50.00 $50.00 $10.00 $15.00 $50.00 $30.00 $5.00 /Large or Colored $25.00 $20 /Evening $30 /Evening $65 /Evening Residents - No Fee Non - Resident - $25 S-4-0 $10.00 / $25.00 • • FIRE REGULATIONS Annual Permit for Sale Of Consumer Fireworks POLICE FEES Copy of Report Copy of Report — Mail In Vehicle Lockouts Clearance Letter Fingerprinting Video Image Printing Photographs Booking Photographs Electronic Photographs False Alarms Vehicle Forfeiture Fee Videotape Copy (Costs include all applicable taxes) BUILDING - CONSTRUCTION UTILITIES Fee Table $350 exclusive retail seller / $100 in conjunction with existing retail store Free to subject of data up to 3 pages; 4`h' page $1.00; then $.25 add'l pages up to 100 $4.00 up to 4 pages; $.25 per page thereafter No charge $5.00 $10.00, by appt. $5.00 $25.00 plus developing cost $5.00 $5.00 per page of four 3 free; 4 -10 $50.00; 11 or more $100.00 /calendar yr. $100.00 per vehicle $25.00 Building Permit Fee Schedule Total Valuation Fee $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus $3.15 for each additional $1,000.00, or fraction thereof Building Permit Fees shall be based on the Fee Table. •Fire Suppression Permit fee shall be based on Fee Table Minimum fee of $50.00 for all permits 3 Other Inspections and Fees: Work commencing before permit issuance Double Permit Fee Erosion Control Inspection Fee (single, two - family, townhomes up to 8 units) $150.00 Multi - family > 8 units, Commercial, Industrial and Institutional determined by separate agreement. Erosion Control Reinspection Fee $50.00 per trip Inspections outside of normal business hours $50.00 per hour* Reinspection fee $50.00 per trip Inspections for which no fee is specifically designed $50.00 per trip Additional plan review required by changes, additions, or revisions $50.00 per hour ** For use of outside consultants for plan checking and inspections, or both Actual Cost * ** In Ground Swimming Pool $141.00 Above Ground Swimming Pool $50.00 Plan Review Fee a. 65% of the Building Permit Fee b. 25% of the Building Permit Fee for review of similar plans (Master Plan) in a 12 month period Easement Encroachment Fee $55.00 Fence Permit $50.00 Roofing Permit $100.00 • Siding Permit $100.00 Replacement Windows /Door Permit $100.00 Retaining Wall Permit $50.00 All Residential Mechanical Permits, (except new construction and air conditioning $50.00 Residential New Construction Mechanical Permit $60.00 Residential Air Conditioning Permit 1% of the contract price ($50.00 minimum fee) Commercial Mechanical Permit 1% of the contract price ($50.00 minimum fee) Manufactured Home Permits $90.00 Plumbing Permit 9.00 per fixture ($1-5 0. 0 $50.00 minimum fee) Water Heater $15.00 Sewer Connection Fee $200.00 • Water Connection Fee $250.00 4 Contractor License Verification Contractor License • SAC (Sewer Availability Charge) 1/4" Water Meter 1" Water Meter MXU Unit Touch Pad Curb Stop Covers Septic Installation or Repair Permit Septic Pumping Permit Demolition Permit Lawn Sprinkler /Irrigation System Permit (effective June 26, 2008) Irrigating or Watering of New Landscaping Permit (sod or seed) • Lawn Sprinkling Violation $5.00 per permit $50.00 Per Met Council $290.00 City cost plus 10% handling fee and sales tax $325.00 City cost plus 10% handling fee and sales tax $125.00 City cost plus 10% handling fee and sales tax • $20700-$18.00 plus sales tax $68.00-$70.00 plus sales tax $150.00 $5.00 $50.00 $50.00 No Charge $25.00 for first violation $50.00 for each subsequent citation Driveway Replacement Permit $50.00 Fee Refund — Per applicant request, City staff may refund permit fees up to 80% for voided permits. Plan review fees and state surcharge fees are non - refundable. No refund shall be provided if permit has expired. All permits issued are subject to applicable State surcharge fees. * Inspections made out side of normal business hours is a three -hour minimum charge Or the total hourly cost to the jurisdiction, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. * ** Actual costs include administrative and overhead costs. ** Sign Permit - Temporary (portable/banner) Sandwich Board $25.00 /Term $25.00 An escrow may be required, as determined by the City Engineer, to cover all costs incurred by the City for plan revision and construction observation. ESCROW DEPOSITS In order to obtain a Certificate of Occupancy, escrow deposits shall be collected if exterior work cannot be completed due to inclement weather, as determined by City Staff, whereupon a Temporary Certificate of Occupancy would be issued subject to the execution of an escrow agreement and 5 payment thereof. Any unfinished work must be completed within six months (weather permitting) from the date of issuance. The following escrow amounts are hereby established: a. Driveway - $1,000.00 b. Exterior Concrete - $1,000.00 c. As -built Surveys - $1,000.00 d. Stucco (final coat only) - $1,000.00 e. Garage Floor - $1,000.00 f. Landscaping - $2,500.00 (landscaping may be escrowed year -round per City Staff) Escrow deposits include a $50.00 non - refundable administrative fee. Escrow deposits can be submitted through one of the following procedures: a.) Escrow can be paid to the City upon execution of an agreement signed by both the payee and the City. b.) The title company or lending institution can hold the escrow upon execution of an agreement signed by both the title company or lending institution and the City. RIGHT -OF -WAY MANAGEMENT Excavation Permit Fees Hole (includes administration, plan review, inspection, testing and mapping) $125.00 Trench (includes administration, plan review, inspection, testing & mapping)..$70.00 per 100 lineal feet plus hole fee Obstruction Permit Fee (includes administration, recording, review & inspection)...$50.00 plus $.05 per lineal foot Permit Extension Fee (includes administration, recording & review) $55.00 Delay Penalty $60.00 for up to three days of non - completion and non -prior notice before specified date. After three days an additional charter of $10.00 per day will be levied Degradation Fee Formula: This formula covers degradation for depreciation caused by intrusion into the right -of -way. The depreciation applies to the original surface of the right -of -way and to the overlays and seal -coats applied to the surface. The formula includes life expectancy schedules for each and has an estimated cost per square yard based on the quality of the right -of -way surface required for different levels of traffic. This formula creates a degradation fee which is determined by the cost per square yard for street, overlay, and seal -coat, multiplied by the depreciation schedule, multiplied by the area of the street patch. Degradation Fee: (cost per square yard for street overlay, and seal -coat x depreciation schedule rates) x area of street patch = degradation fee. UTILITY FEES Sewer Rate $52.00 /Quarter /Reu +$1.00 Per 1000 Gallons Over 10,000 Gallons 6 Water Meter Rental Additional Accessories Utility Non - Payment Certification Fee Valve—Replacement Underground Utility Permit $400.00 (Deposit) / $25 Per Month $25.00 Per Month $30.00 $50.00 Meter Testing (Our Cost, Delivered To Minneapolis) 5/8" — 3/4" Meter Test 1" Meter Test 1-1/2" — 2" Meter Test City Trunk Utility Connection Fees Sanitary Sewer Unit Water Unit $50.00 $65.00 $100.00 $2,840.00 Per Sac Unit $3,760.00 Per Sac Unit Water Utility Rates (as amended December 8, 2008) Residential $10.00 per Quarter / $1.80 per Thousand $2.00 per Thousand $2.50 per Thousand $3.00 per Thousand $3.50 per Thousand Non - Residential Domestic $10.00 per Quarter / $1.80 per Thousand $2.00 per Thousand $2.25 per Thousand Non - Residential Irrigation $2.50 per Thousand $3.00 per Thousand $3.50 per Thousand REU *, plus Gallons (0 — 20,000 Gal.) Gallons (20,001 — 40,000 Gal.) Gallons (40,001 — 80,000 Gal.) Gallons (80,001 — 120,000 Gal.) Gallons (over 120,000 Gal.) REU *, plus Gallons (0 — 20,000 Gal.) Gallons (20,001 — 40,000 Gal.) Gallons (over 40,000 Gal.) Gallons (0 — 40,000 Gal.) Gallons (40,001 — 80,000 Gal.) Gallons (over 80,000 Gal.) * REU = a residential equivalent connection: 1. Residential — a single housing unit 2. Non - Residential REU = per Met Council Service Availability Charge Procedures Manual SURFACE WATER MGMT Land Use Type I. Single /Two Family Lots II. Multi Family Lots III. Commercial /Industrial/ Institutional Property Fee Charge per Sq. Ft. of Development Area $ 0.132 $ 0.175 $ 0.194 7 Surface Water Management Charge: Applied to developing parcels in accordance with the policy provisions established in Resolution No. 92 -70. Credits may be earned for watershed improvements. CULVERT PRICES All culvert prices are based on market prices and include tax & delivery and 15% administration fee LAND USE ESCROW FEE DEPOSIT* Alternative Urban Areawide Review (AUAR) To be charged to land development applications within I -35E Corridor AUAR area that require preliminary plats; conditional use permits; site and building plans; and planned unit developments. Once paid the same land will not be charged again. $269 per acre Application Fee (Required With Each Submittal) $100.00 Comprehensive Plan Amendment 40 Acres or Less $1,500 More Than 40 Acres $5,000 Conditional Use Permit Residential $750 Commercial /Industrial /Institutional $5,000 Environmental Assessment Worksheet $10,000 Interim Use Permit $750 Ordinance Amendment Map Amendment (Rezone) 40 Acres or Less Over 40 Acres Text Amendment $1,500 $5 000 $1,500 Rezoning 40 Acres or Less - - --500 More Th ,,, n n n ores $5,000 9 Planned Unit Development General Concept Plan $2,500 Development Stage Plan $10,000 Final Plan $2,500 Park Dedication - Residential Park Dedication - Commercial / Industrial 8 $2,500 per unit $2,175 per acre Site Plan Review $5,000 Subdivision •Concept Plan Review $1,500 Minor Subdivision / Lot Split $1,000 Preliminary Plat 40 Acres or Less $2,500 Over 40 Acres $10,000 Final Plat $1,500 Tax Increment Financing or Tax Abatement $7,500 • Vacation (Street, Utility, Drainage) $500 Variance $500 Zoning Confirmation Letter $25 *An escrow account shall be established as indicated above to cover all expenses incurred by the City as part of the plan review. In the case of applications including multiple requests the highest escrow deposit amount will be the only one initially required. The applicant is responsible for all costs incurred by the City during plan review. If the escrow account drops below 10% of the original deposit amount the City will require the submittal of an additional escrow deposit sufficient to cover any anticipated expenses. Upon the City's determination that the project is complete or expired, the City will return the remaining escrow deposit to the applicant. ENGINEERING Flood Plain Elevation Certificate Elevation Certificate Survey Digital Contour Mapping LATE FEE $200.00 Fee Addl $1,000.00 Escrow Deposit $800 per 1/2 Section Increment Late penalty fee: a late charge of 10% or $25.00, whichever is greater, will be charged for any fees not paid when due. Section 2. Effective Date of Ordinance. This Ordinance shall be effective , 2010. Passed by the Lino Lakes City Council this day of , 2009. ATTEST: 1111 Julie Bartell, City Clerk 9 John J. Bergeson, Mayor • AGENDA ITEM 3Aiii • • STAFF ORIGINATOR: Julie Bartell, City Clerk DATE: November 23, 2009 TOPIC: Resolution No. 09 -98 Summary of Ordinance 09 -09 for publication (2010 Fee Ordinance) VOTE REQUIRED: 4/5 vote BACKGROUND: Ordinance No. 09 -09 establishing 2010 fees will be considered for second reading and approval by the city council on November 23, 2009. If approved, due to the length of this ordinance, staff is requesting authorization to publish the ordinance in a summary form. Minnesota Statutes, Section 412.191 allow for summary publication when appropriate; a copy of the summary is attached to Resolution No. 09 -98. OPTIONS: 1. Approve Resolution No. 09 -98 authorizing summary publication; 2. Deny Resolution No. 09 -98 thus requiring staff to publish Ordinance No. 09 -09 in its entirety; 3. Return to staff. RECOMMENDATION: Option No. 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09 -98 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 09 -09 FOR PUBLICATION WHEREAS, the City Council approved Ordinance No. 09 -09, establishing the 2010 Fee Schedule, for first reading on November 9, 2009 and second reading and final passage on November 23, 2009; and WHEREAS, Ordinance No. 09 -09 is lengthy and MN statute 412.191 allows the city to publish a summary of an ordinance, and WHEREAS, the City Council has determined that the summary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall, NOW, THEREFORE BE IT RESOLVED THAT the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Passed by the Lino Lakes City Council this 23rd day of November 2009. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • • • ATTACHMENT A, RESOLUTION 09 -98 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 09 -09 AN ORDINANCE ADOPTING THE 2010 CITY OF LINO LAKES FEE SCHEDULE; REPEALS ALL ORDINANCES, PARTS OF ORDINANCES AND PREVIOUS FEE SCHEDULES THAT CONFLICT THEREWITH. The City of Lino Lakes City Council does ordain the following: Section 1. Findings. Pursuant to Minnesota Law, the Lino Lakes City Charter, and the Lino Lakes City Code, and upon a review of a study conducted by City staff, a fee schedule for City services and licensing is hereby adopted as follows: 2010 FEE SCHEDULE A. Alcoholic Beverages; B. Amusement and Commercial Recreation; C. Business and Miscellaneous; D. Park & Recreation User Fees; E. Fire Regulations; F. Police Fees; G. Building — Construction Utilities; H. Escrow Deposits; I. Right -Of -Way Management; J. Utility Fees; K. Surface Water Management; L. Land Use; M. Engineering; Section 2. Effective Date of Ordinance. This ordinance shall be effective 30 days after its publication. Passed by the Lino Lakes City Council on November 23, 2009. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. • • AGENDA ITEM 3B STAFF ORIGINATOR: Daniel Tesch, Director of Administration /Acting CA MEETING DATE: 23 November 2009 TOPIC: Emergency Preparedness and Response Plan: Pandemic Influenza & Public Health Emergency VOTE REQUIRED: 3/5 BACKGROUND Over the last one - hundred years there have been several outbreaks of human influenza ranging from isolated events to large -scale widespread 'pandemic' episodes causing significant social disruption. All public and private agencies must be prepared to deal with possible impacts and to continue core service operations. The City has prepared the attached plan which identifies our essential services and personnel, identifies a chain of command and how to provide services with limited personnel. The plan also includes how to conduct an election and hold public meetings in the midst of a pandemic. RECOMMENDATION Approve the Emergency Preparedness Plan ATTACHMENTS Resolution 2009 — 106 Emergency Preparedness Plan Appendix C CITY OF LINO LAKES RESOLUTION No. 2009 - 106 A RESOLUTION APPROVING AND ADOPTING THE EMERGENCY PREPAREDNESS AND RESPONSE PLAN: PANDEMIC INFLUENZA AND PUBLIC HEALTH EMERGENCY Whereas, over the last one - hundred years there has been several outbreaks of human influenza ranging from isolated events to large -scale widespread `pandemic' episodes causing significant social disruption, and; Whereas, all public and private agencies, including cities, must be legitimately prepared to deal with the possible impacts of a large -scale pandemic influenza episode, and; Whereas, the City of Lino Lakes, (the City) has invested significant staff time and resources to consider its facilities and legitimate capacities to potentially manage and continue core service operations in the event of a pandemic situation impacting the local community, and; Whereas, the City has also informed the public through its quarterly newsletters, public events and press releases to also "Be Prepared" at home and in their place of business to similarly respond to a pandemic situation, and; Whereas, additional City planning efforts included extensive meetings and discussions with local stakeholders including Anoka County, the Minnesota Correctional Facility and the Centennial Fire District, to bring attention to this matter, and, Whereas, such discussions brought forth significant understandings of possible issues that may arise during a pandemic episode including what resources may or may not be available; and, Whereas, as a result of such planning and outreach efforts, the City has prepared a specific emergency response plan that is anticipated to guide the City's operations and response should a pandemic episode, or other similar public health emergency arise. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Lino Lakes does hereby adopt the EMERGENCY PREPAREDNESS AND RESPONSE PLAN FOR PANDEMIC INFLUENZA AND PUBLIC HEALTH EMERGENCIES and authorizes the implementation of such parameters when deemed necessary and as outlined. Passed by the City Council of the City of Lino Lakes this day of , 2009. John Bergeson, Mayor ATTEST: Daniel Tesch, Acting City Administrator • • • • Emergency Preparedness and Response Plan Pandemic Influenza - Public Health Emergencies FINAL VERSION FOR COUNCIL APPROVAL SEPTEMBER 2009 Page 1 —41— Table of Contents Page I. Purpose and Background - What is an Influenza Pandemic and Why are We Preparing? 3 II. General Statement of City Service Priorities in the Event of Pandemic Influenza 4 III. Reiteration and Clarification of City Service Capacity in the Event of a Pandemic or Similar Public Health Emergency 6 IV. Identification of Essential and Non - Essential Employees 6 V. Official Public Works and Police Departmental Policies 7 VI. Vital Contacts and Possible Additional Resources 13 VII. Appendices 14 A. City Emergency Operations Plan — General Plan B. Centennial Fire District — Pandemic Response Plan C. Resolution No. D. Personal Preparedness Checklist • • • S I. Purpose and Background - What is an Influenza Pandemic and why are we preparing? The purpose of this document is to outline a coordinated and rational City response to a possible outbreak of Pandemic Influenza (such as AVIAN INFLUENZA / H5N1). A pandemic is a global disease outbreak. An influenza pandemic occurs when a new influenza A virus emerges for which there is little or no immunity in the human population, begins to cause serious illness and then spreads easily person -to- person worldwide, the most serious of which could lead to significant human deaths and social disruption. Historically, the 20th century saw 3 pandemics of influenza: • 1918 influenza pandemic caused at least 675,000 U.S. deaths and up to 50 million deaths worldwide • 1957 influenza pandemic caused at least 70,000 U.S. deaths and 1 -2 million deaths worldwide • 1968 influenza pandemic caused about 34,000 U.S. deaths and 700,000 deaths worldwide Characteristics and challenges of a pandemic: 1. Rapid Worldwide Spread 0 • When a pandemic influenza virus emerges, its global spread is considered inevitable. • Preparedness activities should assume that the entire world population would be susceptible. • Countries might, through measures such as border closures and travel restrictions, delay arrival of the virus, but cannot stop it. 2. Health Care Systems Overloaded • Most people have little or no immunity to a pandemic virus. Infection and illness rates soar. A substantial percentage of the world's population will require some form of medical care. • Nations unlikely to have the staff, facilities, equipment and hospital beds needed to cope with large numbers of people who suddenly fall ill. • Death rates are high, largely determined by four factors: the number of people who become infected, the virulence of the virus, the underlying characteristics and vulnerability of affected populations and the effectiveness of preventive measures. • Past pandemics have spread globally in two and sometimes three waves • 3. Medical Supplies Inadequate • The need for vaccine is likely to outstrip supply. • The need for antiviral drugs is also likely to be inadequate early in a pandemic. • A pandemic can create a shortage of hospital beds, ventilators and other supplies. Surge capacity at non - traditional sites such as schools may be created to cope with demand • Difficult decisions will need to be made regarding who gets antiviral drugs and vaccines. 4. Economic and Social Disruption • Travel bans, closings of schools and businesses and cancellations of events could have major impact on communities and citizens. • Care for sick family members and fear of exposure can result in significant worker absenteeism. Accordingly many factors become vital in preparing for this type of situation. Understanding what a pandemic is, what needs to be done at all levels to prepare for pandemic influenza, and what could happen during a pandemic helps us make informed decisions both as individuals and as a community. Should a pandemic occur, the public must be able to depend on its government to provide scientifically sound public health information quickly, openly and dependably. This document intends to outline what capacities the City of Lino Lakes may have in the event of an outbreak of Pandemic Influenza. REGARDLESS OF THE EFFORTS OF THE CITY OF LINO LAKES OR ANY OTHER GOVERNMENTAL AGENCY, ALL PLANNING MUST BEGIN AT HOME; EVERY HOUSEHOLD SHOULD ALSO BE PREPARING FOR A POSSIBLE PANDEMIC INFLUENZA EPISODE — SEE APPENDIX FOR A PERSONAL CHECKLIST OF THE MINIMAL ITEMS EVERY HOUSEHOLD SHOULD HAVE SET ASIDE. • • II. General Statement of City Service Priorities in the Event of Pandemic Influenza Should there in fact be an outbreak of Pandemic Influenza the City of Lino Lakes will move into a "Pandemic Emergency Operations Mode" whereby the following six priorities will take precedence over all other City operations: 1. Ensure that potable water is being pumped into the City's Water Tower(s). Depending on severity of Pandemic the City may restrict use of water to only fire fighting and limited domestic use, with further limited access for other uses such as lawn watering, car washing, etc. 2. Ensure that sanitary lift stations are functioning, and drawn down via the use • of portable electric generation or septic contractors if needed. Page 4 —44— • • 3. Ensure that City streets (specifically Priority Routes) are passable to emergency vehicles; this may require the assistance of Anoka County or other communities in the event of a significant snowfall. 4. Ensure that general peace and order are preserved. Work with other jurisdictions, National Guard, etc. 5. Ensure that fire fighting services are available (Centennial Fire District) (See Centennial Fire District — Preparedness Plan). 6. Act in concert with Anoka County or other coordinating health agencies to distribute possible antiviral medications or other available vaccine(s) if available. Beyond these priorities; general City operations will be suspended until further notice. The City Council will determine at what stage the City moves into this Pandemic Emergency Operations Mode. Should the City Council not be able to make such determination, the City's Emergency Management Coordinator may make this determination after consultation with the City Administrator if available. Under this Mode, the City Administrator and the Emergency Management Coordinator may take meaningful and necessary steps to respond to the Pandemic Emergency where possible but consistent with the six priorities and applicable law. While the City operates in Pandemic Emergency Operations Mode all other NON EMERGENCY public services provided by the City will be suspended including the following, (not an exhaustive listing): 1. Processing and issuance of NON - EMERGENCY OR HEALTH RELATED land -use application or building permits — all ordinances remain in effect subject to future review and enforcement. 2. Paying of invoices of non - emergency vendors; the City may experience some minimal late payment fees. 3. Planning & Zoning Board and Park Board and other committees and commissions are suspended. 4. License Renewals, Records Retention, Non - Emergency Correspondence, Contract Management 5. Park & Trail Maintenance. 6. Recreation programs. III. Reiteration and Clarification of City Service Capacity in the Event of a Pandemic IN THE EVENT OF A SERIOUS PANDEMIC OR OTHER SIMILAR PUBLIC HEALTH EMERGENCY, THE CITY OF LINO LAKES DOES NOT AND WILL NOT HAVE A CAPACITY TO PROVIDE OR COORDINATE PUBLIC SHELTERS, MEALS AND /OR OTHER SOCIAL ASSISTANCE. THIS SERVICE MUST BE PROVIDED, IF AT ALL POSSIBLE, BY ANOKA COUNTY OR OTHER PUBLIC / PRIVATE AGENCIES SUCH AS THE RED CROSS. THE CITY OF LINO LAKES ALSO DOES NOT HAVE THE CAPACITY TO RENDER AID OR PROVIDE MATERIALS OR SUPPLIES TO THE MAJOR INSTITUTIONS IN THE CITY. THIS INCLUDES THE MINNESOTA CORRECTIONAL FACILITY. THE CITY'S BEST USE OF LIMITED STAFF AND RESOURCES IS TO ENSURE FUCTIONING WATER AND SEWER SERVICES, FIRE PROTECTION, PASSABLE STREETS AND GENERAL CIVIL PEACE. BE PREPARED AT HOME AND IN YOUR ORGANIZATIONAL STRUCTURES FOR A PANDEMIC RESPONSE — ALWAYS ASSUME YOU WILL BE ON YOUR OWN. IV. Essential and Non - Essential Employees Each City Department may be responsible for certain actions in the event of a Pandemic. In this regard, all City Labor Agreements contain a specific provision for staff "Call Back" whereby City staff must report to work should they be requested to do so. However, should the City move into Pandemic Emergency Operations Mode ALL Police and Public Works staff and the City Administrator become ESSENTIAL EMPLOYEES (RESPONDERS), while the balance of the City staff are considered NON - ESSENTIAL and would not be required to report to a CaII Back should the City move into a Pandemic Emergency Operations Mode. These NON - ESSENTIAL staff include: 1. Administration Department Personnel • Administration Director • City Clerk • Deputy Clerk • Department Secretary ye 6 • 2. Finance Department Personnel: • • Finance Director • Payroll / Accounts Payable • Accountant III • Accounting Clerk • 3. Community Development Personnel: • Community Development Director • Economic Development Coordinator • Economic Development Assistant • Senior Planner • Associate Planner • Building Official • Building Inspector • Building Technician • Senior Planner • Associate Planner • Department Secretary • Police Secretary • Seasonal or Temporary Park Workers 4. Public Services • Office Manager • Department Secretary • Recreation Supervisors • Custodian V. Official Public Works and Police Departmental Policies Public Works Policy for Staffing Levels and Response The Public Works division consists of 3 utilities personnel, 6 streets personnel, 1 mechanic, 4 park personnel, one Superintendent and one Director. In the event of an activation of the City of Lino Lakes Emergency Operations Plan or other situation requiring additional manpower or extended operations such as the-institution- of the City - shifting into Pandemic Emergency Operations Mode, the Public Services Director, City Administrator, or On -Call personnel in the absence of the Public Services Director or City Administrator may implement all or parts of this policy. In the event of a regional disaster, pandemic, or widespread health care event, it can be expected that there may be a loss of available staff for duty of up to 50% or more in some incidents. These absences can be expected due to inability to travel or workers' own need to care for their family and themselves. This will require the City to take extra measures to assure the essential operations of the Public Services Department and reliable delivery of essential services to residents. 1. All essential staff on duty will remain on duty until properly relieved from their assigned duties or task. These staff will remain available at City Hall or other designated location until released from or assigned to other duty. 2. Workers and staff off -duty may be placed On -Call for contact for. • Immediate duty, • Change of shifts or work hours, • Other emergency placement. On -call staff is required to report for duty or respond to contact within 20 minutes. Employees must be able to report to a duty station within 45 minutes while on- call in emergencies. "White board notes" and active use of time clocks will be used to verify staffing levels. In emergency operations, staff availability and status may be shared with Police and other emergency operations units. 3. Public Services Staff that have not been contacted and hear of an emergency event in the City of Lino Lakes through other sources, are required to make reasonable efforts to contact the City and advise of their status and a contact phone #. If no contact is possible or if the event is of major or large area concern, staff shall immediately report for service. 4. In the event of a pandemic or other widespread health care event, duty rotations to maintain essential water and wastewater services shall be scheduled. All vacation and other discretionary leave will be cancelled. Available staff will relieve each other as possible for breaks and home care issues. The City will accommodate workers request to bring family members with them to City Hall for shelter while on -duty. Public Services Policy for Emergency Operations This Policy establishes guidelines for the Public Services Department in the event of a hazard or situation that will tax the resources and manpower ability of the department over an extended period of time. These guidelines can be preventative in nature, or reactive to prevent further loss of manpower and resources. In the event of a hazard or event such as: natural disaster causing severe property and infrastructure damage limiting access to the city, pandemic flu or other wide spread health care event, radiological / chemical exposure, other events requiring extended manpower and resources at times in which the manpower and resources of the department may be limited due to those employees also being personally involved or affected by those events, the department may take some or all of the following measures to ensure continued service to the citizens of Lino Lakes as best as can be accomplished. Page 8 —48— • • • • • Employee Call Back and Scheduling Employees of the Department will be put on "On- call" status as needed. This status will make the employee aware of the event and the possible expected response time for them to On Duty Status. During On -call status the employee will be able to be reached via telephone or `texting' and respond, ready for duty at the Lino Lakes City Hall, within 45 minutes of notification. The notification of on -call status and possible expected time of response to duty will allow the employee time to prepare their personal matters if needed and obtain the proper rest prior to reporting for duty. Decisions for placing employees on On -Call, or calling in for immediate duty, will be authorized by the Public Services Director, the City Administrator or if not available, the current on -call person. The Department will begin emergency operations and maintain public services in the following priority: • Water for fire and drinking water • Sewer lift stations • Street clearing and debris removal • Other work For prolonged operations, an attempt will be made to stagger the days and hours of work for employees. Emergency operations may require extreme work hours and days depending on the severity of the event. Page 9 —49— Levels of Events Events will be classified by level to assist department personnel in determining their response and possible assignments. Level 1: An incident or extended period of operations falling into this category can be expected that the department will implement extended shifts or call in of needed personnel for an immediate emergency. This would include water main breaks or lift station failures. It could also include street clearing and debris removal from a localized occurrence. Level 2: An incident with extended periods of operations falls into this category. It can be expected that the department will implement extended shifts, reassignments of personnel, and extended operational periods of up to several days or more. The limited resources of the department may require the department to prioritize and respond to items on the priority list. Items in this category may be from large area freezing rain and power loss, large area clean up from winds and storms or catastrophic failure of critical infrastructure such as a sewer main collapse or building explosion. Level 3: An incident or operational period of this magnitude is expected to tax the resources of the department to its fullest. The Department can expect to be in this type of operational level for several weeks or longer. During this time all resources may need to be devoted to critical operations only. Pandemic events, acts of war and tornado damage may fall to this category. Special Circumstances: The Department will implement special responses or measures at any level as deemed necessary by supervisory staff. The goal is use the least extraordinary response to maintain the minimum requirements until work on an emergency is complete. Examples of some extreme measures that may have to be considered in worst case scenarios could include: • Set up of cots and emergency food supplies for staff for continuous staffing. • Bring in bulk storage for fuel for wells and lift station generators for extended operations. • If travel is banned, open up emergency lanes only in snow for emergency vehicles. • If extended generator operations are required, consider limited hours of utility operation. Keep towers full but shut off except for limited hours each day and turn on if needed for fire emergencies. Pump lift stations after daily water use time. Maintain security of generators and fuel. • Allowing family members to stay with operations staff at city facilities to avoid added travel and cross contamination issues. • Consider isolation of staff from all other contact to keep utilities in operation without risk of contact with pandemic infections. In a Pandemic situation, maintaining water and sewer functionality is number one! • • • • • Police Department Policy for Staffing Levels and Response In the event of an activation of the Lino Lakes Emergency Operations Plan or extended operations such as the institution of the City shifting into Pandemic Emergency Operations Mode, the Chief of Police, City Administrator, or other Police Command personnel in the absence of the Chief of Police or City Administrator may implement all or parts of this policy. In the event of a regional disaster, pandemic, or widespread health care event, it can be expected that there may be a Toss of available staff for duty of up to 40% or more in some incidents. These absences can be expected due to Officers own needs to care for their family and themselves. This will require the City to take extra measures to assure the essential operations of the police department and safety of the citizens. 1. All Officers on duty will remain on duty until properly relieved from their assigned duties or task. 2. All Officers will remain available at City Hall or other designated location until released from duty. 3. Officers off duty may be called in for immediate duty, advised of required time to report for duty, or advised to remain on a standby status. A log / roster will be maintained by a designated person and an updated copy kept in the command center. The date and time each employee was notified and their estimated time of arrival, scheduled report time, status of standby, or unavailability - listing the reason - will be logged. Officers that have not been contacted and hear of an emergency event in Lino Lakes through other sources, are required to contact the command post and advise of their status and a contact phone #. 4. Officers on standby status may be required to be able to be at a location they can be contacted at, or in possession of a working pager or cell phone to allow contact at any time in lieu of responding immediately, or at a scheduled report time, when notified of the event. 5. In the event of a pandemic or other widespread health care event, the requirement for a medical excuse of 3 days or longer of sick leave may be waived by the City Administrator. Officers will maintain daily contact with the department giving updates and expected dates of returning fit for duty. 6. All vacation and other discretionary leave may be cancelled. 7. Officers on duty in need of emergency leave to care for family will be granted such leave as soon as possible. Considerations for the severity of the "condition" of the Officers family will need to be determined for each employee needing immediate leave; while maintaining the continued essential operations of the department. All reasonable attempts to give an expected time for granted leave will be given to the officer, as these times can be very stressful being away from their own families. Page 11 —51— Police Department - Policy for Emergency Operations This policy establishes guidelines for the Police Department in the event of a hazard or situation that will tax the resources and manpower ability of the Police Department over an extended period of time. These guidelines can be preventative in nature, or reactive to prevent further loss of manpower and resources. In the event of a hazard or event such as: natural disaster causing severe property and infrastructure damage limiting access to the city, pandemic flu or other wide spread health care event, radiological / chemical exposure, other events requiring extended manpower and resources at times in which the manpower and resources of the Police Department may be limited due to those employees also being personally involved or affected by those events, the Police Department may take some or all of the following measures to ensure continued service to the citizens of Lino Lakes as best as can be accomplished. Employee Call Back and Scheduling Employees of the Police Department will be put on a Standby status as needed. This status will make the off duty employee aware of the event and the possible expected response time for them to On Duty Status. During standby status the employee will be able to be reached via pager or telephone and respond ready for duty within 1 hour of notification. The notification of standby status and possible expected time of response to duty will allow the officer time to prepare their personal matters if needed and obtain the proper rest prior to reporting for duty. If it is determined that response will be likely by personnel in the immediate future, after evaluation of the current situation by Police Department supervisor, the personnel may be placed in On CaII status. During this time the personnel are to prepare to respond immediately upon further notification. Placing employees on Standby, On Call, or calling in for immediate duty will be authorized by the Chief of Police, or in the Chief's absence, by a Sergeant. If no ranking Police Department supervisor is available the senior officer available can make the decision. The Police Department will begin extended shift rotations of employees as needed. An attempt will be made to stagger the shift start and end times in a fashion to prevent all officers starting and ending shifts at the same time. This will allow the proper period of briefing, debriefing, and relief as needed. See also OPH P.D. Policy reference Emergency Operations Absenteeism Policy. Levels of Events Events will be classified by level when possible. This classification will assist Police Department personnel in determining their response and possible assignments. Level 1: An incident or extended period of operations falling into this category can be expected that the department will implement extended shifts of personnel up to a several day period. Non - patrol sections within the Police Department can be expected to operate at normal staffing levels, but may be reassigned temporarily if needed. Page 12 —52— • • • • • • Additional manpower can be expected on patrol with the expectation of attempting to provide normal police response in the city to calls for service and handling of the event. Level 2: An incident with extended periods of operations falling into this category can be expected that the Police Department will implement extended shifts, reassignments of section personnel, and extended operational periods of up to 5 days or more. The Police Department may have limited ability to respond to calls for service within the city due to manpower limitations or safety of Police Department personnel. The limited resources of the Police Department may require the Department to prioritize and respond to calls as able. Customer service type calls such as lockouts and other service type calls may not be responded to. Calls for service reporting crimes not in progress may be handled by telephone by available personnel. Level 3: An incident or operational period of this magnitude is expected to tax the resources of the Police Department to its fullest. The Police Department can expect to be in this type of operational level for extended periods of 5 days or longer. During this time all resources may need to be devoted to patrol operations and handling of the event for the city. Investigations not involving crimes against person will be delayed until the operation period is over. Response to life emergency or in progress calls will be handled as resources are available, while other non - emergency calls may be handled if resources become available. Special Circumstances: The Police Department may implement special responses or measures at any level as deemed necessary by supervisory staff. Examples of some measures, but not limited to: • No response to non -life threatening medical calls during a wide spread health event. This action may be taken to preserve the health of Police Department personnel needed for law enforcement action. Limiting or no personal contact with citizens reporting non emergency calls or requests for service. • Officers of the Police Department having been crossed trained in several aspects of the Department operations can perform those needed duties if required. These duties include completing the complaint process of arrested suspects and administrative paper work; a duty normally performed by police dispatch. • Police administrative duties could be completed from the personal residence of an employee with internet access allowing processing of police and court records via secured access. Non emergency phones of the Police Department may be forwarded to WC Dispatch. VI. Vital Contacts and Possible Additional Resources City Staff Name & Position Phone E -mail Dan Tesch, Acting City Administrator 651 - 982 -2404 Dan.tesch • ci.lino- lakes.mn.us Al Rolek, Finance Director 651 - 982 -2410 Alan. rolek(aaci.lino- lakes.mn.us Michael Grochala, Director of Community Development 651 - 982 -2427 Michael.grochala(c�ci.lino- lakes.mn.us Rick DeGardner, Public Services Director 651 - 982 -2444 Rick .degardneraci.lino- lakes.mn.us www.centennialfire.orq Tim Hillesheim, Utilities Supervisor 651 - 982 -2452 Tim .hillesheim @ci.lino- lakes.mn.us Tom DeWolfe, Streets Supervisor 651 - 982 -2451 Tom. dewolfepci.Iino- lakes.mn.us Dave .pecchia @ci.lino- lakes.mn.us David Pecchia, Chief of Police 651- 982 -2301 Jerry Streich, Fire Chief 651 - 784 -7472 Jerry .streich@centennialfire.org Other Organization Phone Website Centers for Disease Control and Prevention 1- 800 - 232 -4636 vwvw.cdc.dov American Red Cross Minneapolis Chapter 1- 800 - 733 -2767 612 - 871 -7676 www.redcross.orq Anoka County Govemment Center 763 - 421 -4760 www.co.anoka.mn.us Centennial Fire District 651 - 784 -7472 www.centennialfire.orq Page 14 • • • • • VII. Appendices 1. City Emergency Operations Plan - General Plan 2. Centennial Fire District — Pandemic Response Plan 3. Authorizing Resolution No. 4. Personal Preparedness Checklist Page 15 —55— Appendix A City Emergency Operations Plan - General Plan (To be inserted with final version once approved) Page 16 -56- • • • • • Appendix B Centennial Fire District - Pandemic Response Plan Appendix D Personal Preparedness Checklist P5B_ a e19 _ • • • • • • Chain of Command at Lino Lakes City Hall October 2009 Title Name Phone 1 City Administrator 651.982.2405 2. Director of Administration Daniel Tesch 651.982.2404 3. Finance Director Al Rolek 651.982.2410 4. Community Development Director Michael Grochala 651.982.2427 5. Public Services Director Rick DeGardner 651.982.2444 6. City Clerk Julie gill 651.982.2402 CHAPTER 209: EMERGENCY MANAGEMENT Section 209.01 Policy and purpose 209.02 Definitions 209.03 Establishment of emergency management organization 209.04 Powers and duties of Director 209.05 Local emergencies 209.06 Emergency regulations 209.07 Emergency management a government function 209.08 Participation in labor disputes or politics 209.01 POLICY AND PURPOSE Because of the existing possibility of the occurrence of disasters of unprecedented size and destruction resulting from fire, flood, tornado, blizzard, destructive winds or other natural causes, or from sabotage, hostile action, or from hazardous material mishaps of catastrophic measure; and in order to insure that preparations of this City will be adequate to deal with such disasters, and generally, to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of this City, it is hereby found and declared to be necessary: (1) To establish a City emergency management organization responsible for City planning and preparation for emergency government operations in time of disasters. (2) To provide for the exercise of necessary powers during emergencies and disasters. To provide for the rendering of mutual aid between this City and other political subdivisions of this State and of other states with respect to the carrying out of emergency preparedness functions. (4) To comply with provisions of Minnesota Statutes, Chapter 12, Section 12.25, which requires that each political subdivision of Minnesota shall establish a local organization for emergency management. (3) 209.02 DEFINITIONS For the purpose of this chapter, the following definitions shall apply. EMERGENCY MANAGEMENT. The preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by fire, flood, tornado and other acts of nature, or from sabotage, hostile action, —60— • • • • • or from industrial hazardous material mishaps. These functions include, without limitation, fire - fighting services, police services, emergency medical services, engineering, warning services, communications, radiological, and chemical, evacuation, congregate care, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services and other functions related to civil protection, together with all other activities necessary or incidental for carrying out of the foregoing functions. Emergency management includes those activities sometimes referred to as "Civil Defense" functions. DISASTER. A situation which creates an immediate and serious impairment to the health and safety of any person, or a situation which has resulted in or is likely to result in catastrophic Toss to property and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent the injury or loss. EMERGENCY. An unforeseen combination of circumstances which calls for immediate action to prevent from developing or occurring. EMERGENCY MANAGEMENT FORCES. The total personnel resources engaged in city -level emergency management functions in accordance with the provisions of this resolution or any rule or order there under. This includes personnel from City departments, authorized volunteers, and private organizations and agencies. EMERGENCY MANAGEMENT ORGANIZATION. The staff element responsible for coordinating city -level planning and preparation for disaster response. This organization provides City liaison and coordination with federal, state, and local jurisdictions relative to disaster preparedness activities and assures implementation of federal and state program requirements. 209.03 ESTABLISHMENT OF AN EMERGENCY MANAGEMENT ORGANIZATION There is hereby created with the City govemment an emergency management organization which shall be under the supervision and control of the City Emergency Management Director, hereinafter called the "director". The director shall be appointed by the City Council/Mayor and shall be paid his/her necessary expenses. The director shall have direct responsibility for the organization, administration, and operation of the emergency preparedness organization, subject to the direction and control of the City Council/Mayor. 209.04 POWERS AND DUTIES OF THE DIRECTOR (1) The director, with the consent of the CouncilMayor, shall represent the City on any regional or state conference for emergency management. The director shall develop proposed mutual aid agreements with other political subdivisions of the state for reciprocal emergency management aid and assistance in an emergency too great to be dealt with unassisted, and shall present such agreements to the CounciVMayor for its action. Such arrangements shall be consistent with the State Emergency Plan. (2) The director shall make studies and surveys of the manpower, industries, resources and facilities of the City as deemed necessary to determine their adequacy for emergency management and to plan for their most efficient use in time of an emergency or disaster. The director of emergency management shall establish the economic stabilization systems and measures, service staffs, boards and sub - boards required, in accordance with state and federal plans and directions subject to approval of the CouncilMayor. (3) The director shall prepare a comprehensive emergency plan for the emergency preparedness of the City including municipal and unincorporated areas and shall present such plan to the CounciVMayor for its approval. When the Council/Mayor has approved the plan by resolution, it shall be the duty of all City agencies and all emergency preparedness forces of the City to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The director shall coordinate the emergency management activities of the City to the end that they shall be consistent and fully integrated with the emergency plan of the Federal Government and the State and correlated with emergency plans of other political subdivisions within the State. (4) In accordance with the State and County Emergency Plan, the director shall institute such training programs, public information programs and conduct practice warning alerts and emergency exercises as may be necessary to assure prompt and effective operation of the City Emergency Plan when a disaster occurs. (5) The director shall utilize the personnel, services, equipment, supplies, and facilities of existing departments and agencies of the City to the maximum extent practicable. The officers and personnel of all such departments and agencies shall, to the maximum extent practicable, cooperate with and extend such services and facilities to the City Emergency Management organization and to the Governor upon request. The head of each department or agency, in cooperation with the director, shall be responsible for the planning and programming of such emergency activities as will involve the utilization of the facilities of the department or agency. (6) The director shall, in cooperation with existing City departments and agencies affected, assist in the organizing, recruiting and training of such emergency management personnel that may be required on a volunteer basis to carry out the emergency plans of the City and State. To the extent that such emergency personnel recruited to augment a regular City department or agency for emergencies shall be assigned to such departments or agencies and shall be under the administration and control of said department or agency. (7) Consistent with the state emergency services law, the director shall coordinate the activity of municipal emergency management organizations within the City and assist in establishing and conducting training programs as required to assure emergency operational capability in the several services (Minnesota Statutes, Chapter • • • • 12, Sec. 12.25, as it may be amended from time to time). • (8) The director shall carry out all orders, rules and regulations issued by the Govemor with reference to emergency management. (9) The director shall act as principal aide and advisor to the City official responsible for direction and control of all City emergency operations during an emergency. The director's main responsibility is to assure coordination among the operating departments, non - govemmental groups, and with higher and adjacent governments. (10) The director shall prepare and submit such reports on emergency preparedness activities as may be requested by the City Council/Mayor. 209.05 LOCAL EMERGENCIES (1) Only the Mayor of a municipality or their legal successors may declare a local emergency. It shall not be continued for a period in excess of three days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed promptly by the chief of the locals records - keeping agency of the subdivision. (2) A declaration of a local emergency shall invoke necessary portions of the response and recovery aspects of applicable local or inter jurisdictional disaster plans, and may authorize aid and assistance there under. (3) No jurisdictional agency or official may declare a local emergency unless expressly authorized by the agreement under which the agency functions. However, an inter jurisdictional disaster agency shall provide aid and services in accordance with the agreement under which it functions. 209.06 EMERGENCY REGULATIONS (1) Whenever necessary to meet a declared emergency or to prepare for such an emergency for which adequate regulations have not been adopted by the Governor or the City CounciVMayor, the CounciVMayor may, by resolution, promulgate regulations, consistent with applicable federal or state law or regulation, respecting: the conduct of persons and the use of property during emergencies; the repair, maintenance, and safeguarding of essential public services, emergency health, fire, and safety regulation, drills, or practice periods required for preliminary training, and all other matters which are required to protect public safety, health, and welfare in declared emergencies. • (2) Every resolution of emergency regulations shall be in writing; shall be dated; shall refer to the particular emergency to which it pertains, if so limited, and shall be filed in the Office of the City Administrator, which copy shall be kept posted and available for public inspection during business hours. Notice of the existence of such regulation and its availability for inspection at the Administrator's Office shall be conspicuously posted at the front of the city hall or other headquarters of the City or at such other places in the affected area as the CounciVMayor shall designate in the resolution. By like resolutions, the CounciVMayor may modify or rescind any such regulation. (3) The City CounciVMayor may rescind any such regulation by resolution at any time. If not sooner rescinded, every such regulation shall expire at the end of 30 days after its effective date or at the end of the emergency to which it relates, whichever comes first. Any resolution, rule, or regulation inconsistent with an emergency regulation promulgated by the CounciVMayor shall be suspended during the period of time and to the extent such conflict exists. During a declared emergency, the City is, notwithstanding any statutory or charter provision to the contrary, empowered, through its governing body, acting within or without the corporate limits of City, to enter into contracts and incur obligations necessary to combat such disaster by protecting the health and safety of persons and property and providing emergency assistance to the victims of such disaster. The City may exercise such powers in the light of the exigencies of the disaster without compliance with the time consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering rental equipment agreements, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditure of public funds including, but not limited to, publication of resolutions, publication of call for bids, provisions of personnel laws and rules, provisions relating to low bids, and requirement for budgets. 209.07 EMERGENCY MANAGEMENT A GOVERNMENTAL FUNCTION All functions there under and all other activities relating to emergency management are hereby declared to be governmental functions. The provisions of this section shall not affect the right of any person to receive benefits to which he /she would otherwise be entitled under this resolution or under the worker's compensation law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress. 209.08 PARTICIPATION IN LABOR DISPUTE OF POLITICS The emergency management organization shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in a labor dispute. (Or. 11 -07, passed 9- 24-07) • • • MUNICIPAL ELECTION PROCEDURE 1. On or about January 2nd of each year send a reminder to file an annual campaign financial report by January 31A to all candidates/committees who have not filed a Final Report. (MS. 211A.02) 2. In February prepare calendar for entire election season.. (List every task and date to be completed. Refer to your previous municipal calendar and the election calendar prepared by Anoka County and/or the secretary of state's office. (Attachment "A") 3. In March send a letter to all polling locations notifying them of the upcoming municipal election and reserving the facility for Election Day. Request a return written conformation in the self-addressed, stamped envelope. (Senior Center, Centennial Fire Station #2, St Joseph Catholic Church, Living Waters Lutheran Church, Rice Creek Covenant Church and the Rice Lake Elementary SchooL) (Attachment `B")- the school district has its own reservation form -mail completed form and a request for confirmation to Kathy Johnson, Centennial District Office) Reserve the Community Room - Precinct No. 4-for Election Day and the Police Classroom to use as a breakroom/lunchroom 4. In June run Accu -Vote and AutoMark diagnostic test 5. Two weeks before 11 day to file affidavit of candidacy, publish a Notice of Election/Notice of Candidate Filing. Email `request to publish" to the Quar1 Press, email to the Citizen (check publication date) and the Forest Lake Times. (Attachment "C") Since many residents do not read the Public Notice section of the newspaper, prepare a Small article and ask the Qnad Press to publish it in "Community Briefs" or some other conspicuous place in the paper. Also, post same notice at city hall ten days before filing opens, send notice to Anoka County Elections and office of the SOS.. (MS. 205.13, Subd 2) 6. Send letter and forms to the residents (potential election judges) on the "prospective list" sent to the city by the major political parties. Also send to former election judges as needed (get names from prior rosters). (Attachment "D") Be sure to enclose a self - addressed, stamped envelope for their reply. (If you feel you will need additional judges, advertise in the Quad Press, place notices in the City Newsletter, the cable channel and the city's web site). 7. Check supplies to determine if there are enough Affidavit of Candidacy and Receipt for Filing forms. (Attachment "E") Also make sure that there are enough Campaign Manuals, extra copies of the Campaign Financial Report forms and Campaign Financial Report Certification of Filing forms to give each candidate or campaign committee. At this time check to see "if there are enough Transfer Cases (at least two for each precinct). MUNICIPAL ELECTION PROCEDURE 8. On Tuesday, 10 weeks (70 days) before the election, candidate registration begins. The registration period ends at 5:00 p.m. on Tuesday, 8 weeks (56 days) before the election. Register each candidate by completing the Affidavit of Candidacy & Receipt for Filing. Each candidate must pay a filing fee of $5.00 or present a petition in place of the filing fee (204B11, subd,. 2) Candidates can file Affidavits of Candidacy with the City Clerk or Deputy Clerk/Election Liaison during regular business hours. Give each candidate the forms needed to file Financial Reports. Also give them a copy of the sign ordinance. (Attachment "E") (M,R 205.13, Subd 1) 9. Candidates may withdraw their candidacy by filing an Affidavit of Withdrawal with the City Clerk or Deputy Clerk/Election Liaison no later than 5.00 p.m. two days after filings close. (Attachment "F" -not in computer) (MLK 205.13, Subd 6) 10. Prepare a list of candidates and a letter of written Notice of Election to the county auditor or complete the CANDIDATE AND BALLOT QUESTION CER111-1CATION form and fax to Anoka County Elections. (Attachment "G "- not in computer) (MS. 205.16, Subd 4) 11. Frequently Asked Questions: If calls come in through the front desk and you are not available and the receptionist cannot answer the question have receptionist direct caller to city web site — www.cilino- lakes.mn.us — click on City Departments, on Administration, then Voting and Elections. (Attachment "H") Can also find information on Anoka County or SOS website. 12. Prepare list of election judges using the returned forms from letters sent earlier. Prepare agenda item. At least 25 days prior to the election, present list of election judges to the City Council at a regular councl meeting for their approvaL (MS. 204B.21, Subd 2)(Attachment 1) You can now start preparing the roster. a. If you have exhausted all resources available and you are still shy a few judges, you may recruit city personneL b. For a Municipal Election, if necessary, establish a date for election judge training before the judges that are not certified are mailed the notice of election. (A day training session and an evening training session are advisable.) NOTE: Anoka County trains election judges every other year, (even years) therefore, New Election Judge Training must be performed by the election liaison in the city. Get training tape and manuals from Anoka County. • • • • MUNICIPAL ELECTION PROCEDURE 13. Prepare Notice of Absentee Voting (Attachment "J") and fax or email to the Quad Press, The Citizen and the Forest Lake Times. (This notice should appear in the Quad Press on Tuesday 6 weeks before the election or 2 weeks before absentee voting begins and on Tuesday, 5 weeks before the election and one week before absentee voting begins. (MS. 205.13, Subd la) 14. Once Council has approved the list of election judges, finish preparing roster for each precinct and mail to each judge that portion of roster pertaining to him/her. (Attachments "K" and "KK") 15. Determine the number of ballots needed for the election. (MS. 204B.29) You will need to contact Anoka County Elections and Voters Registration (Susan Hosford, 763 - 323 -5278 or Cindy Reichert, 763- 323 -5277) to determine how many registered voters there are in each precinct. If there is a school board election or a school referendum, you must determine the number of ballots needed for b ballots those voters. (Anoka County Elections will assist with ballot form and ordering from printer) This process should be completed and ballots should be ordered no later than 10 days before absentee voting begins. Ballots must be ready for the beginning of absentee voting which starts 30 days before the election. (MS. 204B.35, Subd 4) If this is a special election to fill a vacant office, for refer to the City Charter, City Code and State Statute for the specific procedure establishing the election. 16. Thirty (30) days prior to the election, absentee voting begins. Be sure that at least one other person in the office is trained to conduct absentee voting. This will ensure that residents who come to city hall to vote absentee will be able to do so when the Deputy Clerk/Election Liaison is not available. a- Mail absentee ballot application requests to those voters who cannot come to city hall to vote absentee as soon as you receive the request. 17. On Tuesday, 28 days prior to the election, prepare Notice of Election (Attachment "L") and Sample Ballot(s) (Attachment "M") and email to Quad Press with instructions to publish the Notice and Sample Ballot(s) 21 days prior to the election and 14 days prior to the election. Also send the same Notice and Sample Ballot(s) to the Forest Lake Times and the Citizen with instructions to publish the Notice and Sample Ballot(s) once approximately two (2) weeks prior to the election. (If there are school board races or school bond issues, there will be at least two (2) different ballots. Publish a sample of each ciifferent ballot) MS. 205.16, subd 16 18. On Tuesday, 21 days prior to the election, voter pre - registration closes at 5:00 p.m. MUNICIPAL ELECTION PROCEDURE 19. On Tuesday, 21 days prior to the election, schedule Public Accuracy Test and send Notice of Public Accuracy Test (Attachment "N") to the Quad Press so that it can be published 14 days prior to the test. Send same Notice to the head judges to let them know when the Public Accuracy Test is scheduled (I include this notice in their letter confirming their appointment). Ask them to attend the Public Accuracy Test so that they can verify the test was conducted properly. (Public Accuracy Test must be conducted no more than 14 days before the election. (MS. 206.83) 20. On Tuesday, 21 days prior to the election, the first Notice of Election and Sample Ballot(s) are published in the Quad Press. (MS. 205.16. subd 1) (Attachments "L &M") 21. Fifteen (15) days prior to the election, post Notice of Election and Sample Ballot(s) on door at city hall and at each polling place (City Charter). 22. On Tuesday, 14 days prior to the election, the second Notice of Election and Sample Ballot(s) are published in the Quad Press. (MS. 205.16. subd 16) 23. On Friday, 10 days prior to the election, candidates must file Financial Report with the Deputy Clerk if the candidate or campaign committee received contributions totaling more than $750. or if the candidate or campaign committee incurred expenses of more than $750.. (If you do not hear from a candidate or campaign committee, call them and remind them.) M.S. 216.03 Subd 4B) 24. Approximately three (3) weeks prior to the Public Accuracy Test, send a memorandum to Public Works asking that they bring the black ballot boxes and the plastic supply boxes from storage to city hall_ This memo should also detail the items to be transported to each of the polling places on the day before the election. (Attachment "0"). supplies are delivered take inventory of each supply box. (Inventory Form 25. After supp is in Election Forms" 3-ring binder). Rep lenish supplies, if needed. 26. Prior to the Public Accuracy Test, pick up supply boxes from Anoka County Elections. (Boxes should contain pens for marking ballots, seals for the Accu -Vote machine and AutoMark, register tapes and new ink ribbon for both machines, etc.) 27. Not more than 14 days prior to the election, the Deputy Clerk and head judges perform a Public Accuracy Test (Attachment "P") The Deputy Clerk will make sure that all needed supplies are placed in the supply boxes before the supply boxes are transported to the polling places. (Supplies should include paper plates, coffee cups, coffee, utensils and napkins.) After the PAT the Precinct Certification form should be placed in the Accu -Vote suitcase. • • • • MUNICIPAL ELECTION PROCEDURE 28. Saturday prior to the election, city hall is open from 10:00 aim to 3:00 p.m. for absentee voting. This is also a good time to prepare manila envelopes to be included in the white supply boxes. The following envelopes are needed: 1. 9x12 envelopes for each precinct marked "TIME SAFETS ". This envelope should contain lime sheets and W- 4 forms. 31. The day before Election Day, Public Works will transport election equipment, ballot boxes and supply boxes to the polling places. (There will be two (2) supply boxes, one is clear plastic (city box) and the other is blue (county box). Prior to this day, get a key for St Joseph Catholic Church & Living Waters Lutheran Church. I have a key for the Senior Center. Make arrangements for someone to be at Rice Creek Covenant Church, Rice Lake Elementary & Centennial Fire Station #2. Check out a key card with Sandie Wood to enter city hail after hours to modem results from the "copy room ". Get the Community Room key from the receptionist for Election Day. Also, make arrangements for judges to get into Rice Lake Elementary School, Rice Creek Covenant Church and Centennial Fire Station #2 at 6:00 a.m. sharp on Election Day 32 The day before Election Day, make arrangements for one head judge from each precinct to pick up the proper ballots, the Accu -vote computer and polling place key. (Some precincts do not give out keys and will have someone available to open the doors at 6am.) 33. First Tuesday following the first Monday, ELECTION DAY. The polls are open from 7:00 a.m. to 8:00 p.m. 34. Within 7 days after the election, the City Council meets to canvass the election results. (MS. 205.185, Subd 3) Post in front entry of city hall and add to agenda. (Attachment "T") 35. Within 24 hours, return county supply boxes and all voter registration material to Anoka County. (MS. 204C.27) 36. Last day to request a recount of the election, 4:30 p.m., seven (7) days after the canvass is completed.. (MS.204C.36, Election Rules- 8235.0300) 37. Issue Certificate of Election to each successful candidate (MS. 205.185 Subd 3) Attachment "V") 38. 30 days following the election, last day for candidates or campaign committees to file a Financial Report. (MS. 211 A 02) _GE5 MUNICIPAL ELECTION PROCEDURE 39. On the first Monday after January 1st, term of office begins. Newly elected officials are sworn in at the first Council meeting of the year. Complete the Official Oath and bring them to this meeting. (Attachment "W") 40. Candidates or campaign committees must file Financial Report by 4:30 p.m. January 31st, unless a Final Report was filed previously. (MS. 21111_02) Updated OS/13/09 -PAPTE 6 • • • 2009 CITY ELECTION CALENDAR January 6, 2009 (Tuesday) Send reminder to candidates to file annual campaign financial report by January 311 if Final Report has not been filed January 31, 2009 (Saturday) Campaign Financial Report due (MS. 21L4.02 Subd 1) February 2 through 27, 2009 Prepare election calendar for entire election season (Attachment A) March 2, 2009 (Monday) Send letter to contact person at polling places scheduling use of building for Election Day -be sure to request return confirmation (Attachment B) Accu -Vote diagnostics run (Bring Accu -Vote systems from Record Retention Room to City Hall for testing) Email request to publish Notice of Filing (stating first & last dates candidate may file, closing time for filing on last day & offices to be filled) to the Quad Press, legalsepresspubs.com (deadline is Wednesday 5pm for following Tuesday). (Attachment C) Notice of Filing is published in Quad Press (MS 205.13, Subd2)(See Attachment C) Send prospective election judges (gathered from major political party lists and previous election judges rosters) a letter & form which includes Tennesson Warning (Attachment D) Post Notice of Filing (10 days before filing period opens - 205.13, Subd 2) Email Notice of Filing/Election to Diane, Anoka County Elections and send hard copy to Cindy R, Anoka County Election Supervisor. Also fax Notice to Office of SOS - 651- 296 -9073. June 15, 2009 (Monday) August 3, 2009 (Monday) August 11, 2009 (Tuesday) August 14, 2009 (Friday) August 25, 2009 (Tuesday) Candidate filing period opens (70-56 days before election MS 205.13, Subd 1 a)(Attachment E) September 8, 2009 (Tuesday) Candidate filing period closes at 5:00 p.m. (56 days before election MS. 205.13, Subd la) September 10, 2009 (Thursday) Candidates may withdraw until 5:00 p.m. (within 2 days after filing closes MS 205.13 Subd 6) (Attachment F) 2009 CITY ELECTION CALENDAR September 11, 2009 (Friday) September 17, 2007 (Monday) September 18, 2009 (Friday) September 21, 2009 (Monday) September 28, 2009 (Monday) September 29, 2009 (Tuesday) October 1, 2009 (Thursday) October 2, 2009 (Friday) October 5 thru 16, 2009 October 5, 2009 (Monday) October 12, 2009 (Monday) *provide written Notice of Election to County Auditor's Office (Cindy Reichert) including date of election, offices open and/or questions on the ballot (MS 205.16 Subd 4) (Attachment G) *Ballot layout programming begins *Prepare FAQ form & give a copy to the front desk so public can have basic questions answered immediately. (Attachment 13) Also web site addresses for Anoka County Elections and Office of Secretary of State Prepare agenda item for approval of election judges at September 28, 2009 City Council Meeting. Attach list of judges prepared from response of Attachment D. Start preparing roster (Attachment I) Email request to publish Notice of Absentee Voting in September 291' edition of the Quad Press. (Attachment .J) City Council approves appointment of election judges (MS 204B.21, Subd 2)(See Attachment 1) * Send memo to Public Works requesting ballot boxes and supply boxes delivered to council workroom ( Anachment 0). Notice of Absentee Voting is published in Quad Press Pick up absentee supplies from Anoka County *Pick up 2 voting booths for AB voting at city hall *Absentee ballots ready for city election, Absentee Voting begins (30 days before election -MS. 203B.05) *Pick up memory cards, test ballots & predetermined results from Anoka County *Mark ballots and "pre-test" Public Accuracy Test *Modem results from each polling location to Anoka County Finish preparing roster and send letter and that part of the roster that pertains to each election judge for review and any corrections or changes. (Attachment 1 *Email request to publish lg Notice of Election in the October 20th edition of the Quad Press. (Attachment L) *Email request to publish Notice of Public Accuracy Test in the October 20th edition of the Quad Press (Attachment 19 —PAGE 2 • • • 2009 CITY ELECTION CALENDAR October 13, 2009 (Tuesday) October 19, 2009 (Monday) October 20, 2009 (Tuesday) October 23, 2009 (Friday) October 27, 2009 (Tuesday) October 28, 2009 (Wednesday) October 30, 2009 (Friday) October 31, 2009 (Saturday) November 2, 2009 (Monday) *Voter pre - registration closes at 5:00 p.m. (21 days before election-MS. 201.061) *Rrnail request to publish 2nd Notice of Election in the October 27$ edition of the Qnari Press *Rmail request to publish sample ballot in the October 27* edition of the Quad Press. (See attachment M) *11 Notice of Election is published in Quad Press (MS. 205.16) (See Attachment L) *Notice of Public Accuracy Test is published in Quad Press (MS 206.83)(See Attachment N) *Post Notice of Election in each polling place & in entry of City Hall *Candidates must file financial report if candidate received contributions or made disbursements of more than $750.00. This cover all activity from the year end report or initial report (10 days before election MS 211A02, Subd 1 * 2nd Notice of Election & Sample Ballot are published in Quad Press (MS 205.16) *Place Canvass of Election Item on Council Agenda *Pick up supply boxes at Anoka County *Call polling places and arrange time for supply and voting booth drop off * Deputy Clerk and Head Judges perform Public Accuracy Test (at least 14 days before election MS 206.83) (Attachments P) Order 7 fruit trays & Muffins from Cub Foods for Election Day Morning City offices must be open from 10:00 a.m. to 3:00 p.m. for acceptance of absentee ballot applications and casting of absentee ballots (MS 203B.085) *City offices open until 5:00 p.m. for absentee voting (MS 203B.085) *Head judges pick up Accu -Vote & ballots * Post Notice of Canvass of Election (Attachment 7) —ZE 3 2009 CITY ELECTION CALENDAR November 3, 2009 (Tuesday) November 4, 2009 (Wednesday) November 9, 2009 (Monday) November 10, 2009 (Tuesday) November 16, 2009 (Monday) November 17, 2009 (Tuesday) December 3, 2009 (Thursday) January 4, 2009 (Monday) January 112009 (Monday) January 29, 2009 (Friday) *ELECTION DAY, polls open 7:00 a.m. to 8:00 p.m. (MS.204C. 05, Subd 1) 6AM - Pick up fruit trays & muffins at Cub Foods along with a box of (1 dozen) doughnuts for public works as a thanks for setting up the precincts & the voting signs Deliver ASAP to all precincts & to public works. *Agents designated to deliver AB's must return voted ballot no later than 3:00 p.m. (MS 2033.11, Subd 4, MS 3033.08, Subd 1) Return rosters & VR cards to Anoka County (Supplies) City Council meets at 6:20 p.m. to canvass the election results - regular council meeting will follow (within 7 days of election MS 205.185, Subd 3) Certificate of Filing Report Due-no later than 7 days after the election.(211A.05) Last day to request a recount or contest the election.. 76 day after Canvass. (M.S. 204C.36, M.S. 209.021 Subd. 1) Mail a Certificate of Election to winning candidates (MS 205.185 Subd3) (Attachment S) Candidates must file financial report (MS 211A 02, Subd 1) Term of office begins (MS 412.02, Subd 2) *Official Oath at first council meeting -have candidate sign two copies -one for city's file (Attachment T) Candidates Must File Financial Report (MS 211A02,Subd lb) 8A4'rE 4 • City Council Meeting - Conducted by Telephone Council Member Cell Phone Numbers (numbers are included in emergency packet) Process for Conference Calls (for phones in Council Work Room, Library or Community Room) • One council member, the city attorney or city administrator should be on -site unless that is not feasible due to health or emergency situation • Contact first member • Push "more" button on phone and then "Conf" button • Dial next participant • Continue process until all members are on the line In Conducting the Meeting: • All members should be able to hear each other • Unless it is not feasible, public should be able to attend and hear proceedings • Votes should be taken by roll call so each member's vote is identified • • AGENDA ITEM NO. 5A STAFF ORIGINATOR: Rick DeGardner, Public Services Director COUNCIL MEETING DATE: November 23, 2009 TOPIC: Consider Second Reading of Ordinance No. 13 -09, Sale of Outlot B, Highland Meadows West 3rd Addition VOTE REQUIRED: 4 /5ths Majority BACKGROUND: The first reading of Ordinance No. 13 -09 was approved at the November 9th City Council meeting. Mr. and Mrs. Judd, 670 Arlo Lane, are interested in acquiring Outlot B, Highland Meadows West 3rd Addition to provide the required setback for an addition to their garage. Outlot B is approximately 20' X 148' and is adjacent to Highland Meadows Park. Attachment A shows the existing layout of Highland Meadows Park. The original 4.6 acres of land was dedicated to the city to fulfill park dedication requirements for the Highland Meadows West development (cash was also received). Outlot B (.07 acres) of Highland Meadows West 3rd Addition was retained by the developer with the intent of selling the strip of land to the Judd's to create a buffer between their home and the parkland. Final terms between the developer and the Judd's didn't come to an agreeable conclusion so in 2002, the developer deeded Outlot B to the City with no restrictions. When contemplating the sale of city owned property, it's important to be mindful of the inherent value of public land. Even if a small segment of public property is going to be sold, the City needs to demonstrate a clear and substantive benefit to the general public. Any financial gain should provide for some significant enhancements (landscaping, benches, etc) to Highland Meadows Park. Administrative fees are estimated to be approximately $1,000. City Charter language regarding sale of property is as follows: Section 12.05. Sales of Real Property. No real property of the City shall be disposed of except by ordinance. The proceeds of any sale of such property shall be used as far as possible to retire any outstanding indebtedness incurred by the City in the purchase, construction or improvement of this or other property used for the same public purpose. If there is no such outstanding indebtedness, the Council may by resolution designate some other public use for the proceeds____.____ Staff is typically guarded recommending the sale of parkland. However, in this particular situation, Outlot B was not part of the City's plan for this neighborhood park. Rather, it was a result of the developer deeding Outlot B to the City after the original intent (selling it to the adjacent property owner) didn't materialize. Selling Outlot B will have no effect on the functionality of this park. Outlot B currently consists of non - maintained prairie grass with its western boundary 70+ feet from the paved trail. Attachment B shows the master plan of Highland Meadows Park. Staff recommends the following conditions of approval: 1. Outlot B be combined with the existing Judd parcel. This will require the Judd's submitting a lot combination form to Anoka County. 2. The City retains a drainage and utility easement covering the western 5 feet of the newly combined property. This is required by ordinance for a minor subdivision and is standard procedure. OPTIONS: 1. Approve Second Reading of Ordinance No. 13 -09. 2. Do not approve Second Reading of Ordinance No. 13 -09. 3. Return to staff for further review. RECOMMENDATION: Option 1 • • • • • • Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 13 -09 APPROVING THE SALE OF OUTLOT B, HIGHLAND MEADOWS WEST 3RD ADDITION SECTION 1: FINDINGS The City Council makes the following findings: 1. In 2002, Outlot B of Highland Meadows West - 3rd Addition (PIN 08- 31- 22 -13- 0139) was quit claim deeded by TSM Development, Inc. to the City with no restrictions. 2. Mr. and Mrs. Judd (670 Arlo Lane) are interested in acquiring Outlot B, Highland Meadows West 3`d Addition to provide the necessary setback for an addition to their garage. 3. Selling Outlot B will have no effect on the functionality of Highland Meadows Park. 4. The City Charter language regarding sale of property is as follows: Section 12.05. Sales of Real Property. No real property of the City shall be disposed of except by ordinance. The proceeds of any sale of such property shall be used as far as possible to retire any outstanding indebtedness incurred by the City in the purchase, construction or improvement of this or other property used for the same public purpose. If there is no such outstanding indebtedness, the Council may by resolution designate some other public use for the proceeds. SECTION 2 The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: 1. The City Council has approved the sale of Outlot B, Highland Meadows West 3rd Addition for $4,000 with the following conditions of approval: • The property that is sold be combined with the existing Judd parcel. • The City retains a drainage and utility easement covering the western 5 feet of the newly combined property. 2. All related expenses will be the responsibility of the City. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 23rd day of November, 2009. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. • • • STAFF ORIGINATOR: CC MEETING DATE: TOPIC: AGENDA ITEM 6Ai - Paul Bengtson November 23, 2009 i. Second Reading of Ordinance No. 11 -09 PUD Amendment - Town Center Design and Development Guide. Permissible Land Uses and other language regarding Assisted Living Facilities ii. Resolution 09 -94 - Summary of Ordinance No. 11 -09 for Publication BACKGROUND The LLTCDDG pages 12 -18 are attached to this report; this includes the Land Use Plan and Regulating Plan for the purpose of interpreting the impact of the changes proposed by staff. The text changes proposed by staff are highlighted. PERMISSIBLE USES Lino Lakes Lodging LLC, a property owner in the Legacy at Woods Edge project area, has requested an amendment to the way the Town Center Design and Development Guidelines treat Assisted Living Facilities. Staff has reviewed the request and the guidelines and is recommending the attached amendment which would allow Assisted Living Facilities above commercial uses in the mixed use districts and, with limitations, in certain commercial districts. The attached map depicts the location of all and use districts within the project area. Staff is proposing to allow Assisted Living Facilities as a permitted use in all commercial districts, however the use will not be allowed to occupy the first floor of a building except in the Commercial Districts within block 2. This will allow operators to provide a desired service to the residents of Lino Lakes while still preserving the first floor of the main commercial core for traffic generating commercial uses. No changes are being proposed to the high architectural standards already included in the Town Center Design and Development Guidelines. -80- ECONOMIC DEVELOPMENT ADVISORY COMMITTEE On October 1, 2009 the EDAC discussed the conversion of the Country Inn & Suites to an assisted living /memory care facility. EDAC's areas of consideration were the impact of change of use on future economic development of the area and the change from commercial to rental tax classification. Preliminary estimates of taxes generated by the new use indicate that the impact will not be significant. After considering potential economic benefits to the community versus the risk of a vacant facility, EDAC unanimously recommended to change the land use in the Legacy at Woods Edge development to accommodate assisted living on that site. EDAC recommends as a condition of approval that the city and the developer enter into a development agreement that ensures payment in lieu of taxes if the facility is sold to a non - profit, non - taxpaying entity. PLANNING AND ZONING BOARD On October 14, 2009 the Planning and Zoning Board held a public hearing on this request and after deliberation voted unanimously to recommend approval of the request. REDEVELOPMENT OF AN EXISTING BUILDING When redeveloping an existing building by changing the use, staff feels that it is appropriate for the PUD Final Plan to remain in effect and an administrative Site Plan Review be completed to guarantee that all requirements of the LLTCDDG will be met with the proposed change. In addition to the administrative Site Plan Review, the City Council will also need to complete a Development Agreement to guarantee that all city interests are appropriately addressed. RECOMMENDATION Staff recommends approving the second reading of Ordinance No. 11 -09 and Resolution No. 09 -94, the summary for publication. ATTACHMENTS 1. LLTCDDG pages 12 -18 with proposed amendments shown. 2. ORDINANCE NO. 11 -09 3. RESOLUTION NO. 09 -94 — Summary for Publication • • Land Use Plan for Legacy at Woods Edge Lino Lakes, Minnesota $10110011.110111 IMMOMP100010 41110 WAWA* MAW, ..01.11 YEN. *WON M*. .5.10. .4111. won 444711111.1 411,4•14 1141.N. rompewa 42.00110.1114. MVP r 05.*441711. 4- 4 *IR., ht. ■ 10414441.rn. 0.04 I limmolI.4140. Mt a t 4444m41.4.11. 1414 A .14444.1.0=1.114 III Oft 4 ilt04*.litIT4i MOE 1 timmotna Idlt. 6 ANII■tt.Y.• ikg. amellimgM4Yri. 11.1. n li••■•• tn. • ts woo. -Wee 41 town. A WY AOKI 146. 4 +In Ant 1, t HP On nk I Am um i tag .err 4 Mot st. .: 4I MIR ISM , •4410 MN ▪ ani ... t 44.4.44 ha its ll 414 it IMMO* te=4 t 41.• it 41, • 11.44,04111. 14.14.4•4. 104 ▪ 0.4.4.1•4.4 it St Pr.tion*rone. n 11.414144.41111416 10 Pe MI* Figure 3 12 Legend - Residential - Residential-X - Commercial 1111111 - Mixed Use - ()Pen time - Civic RN KES Regulating Plan for Legacy at Woods Edge Lino Lakes, Minnesota \/ Figure 4 13 Legend Build to Line 70% Required *NO 50% Required IBM Required Streets Project Identity Features • Major Entry i• • i Architecture Features CI OF RN LKES • • • • • • CHAPTER 2. GOVERNING PLANS Development in the Town Center is governed by the Land Use and Regulating Plans, described below, as well as by the standards in the following chapters. 2.1. THE LAND USE PLAN Figure 3, the Land Use Plan, spells out the basic arrangement and extent of activities within the Town Center. The land uses shown in the Land Use Plan correspond to the Mixed Use, Commercial, and Civic District, which have one set of design and development standards; and the Residential District, which has another set of design and development standards. The boundaries shown on the Land Use Plan are approximate. As long as development conforms to the regulating plan, boundaries may change based on detailed site analysis and revised regulations for the protection of environmental assets. The Land Use Plan ensures mixed use and shows specific boundaries for the Residential District. However, residences may alse be built as upper -story housing over ground - floor retail or office commercial in the Mixed -Use District;. Assisted Living Facilities are also allowed in certain portions of the Commercial District and above other commercial uses in the Mixed -Use District. as long as the minimum number of units is built. The minimum and maximum numbers of residential units are assigned in the Lino Lakes Comprehensive Plan. Minor adjustments to the Land Use Plan are permitted at the discretion of the City Council, if the Council finds they are consistent with the intent of the Development Standards. Adjustments are subject to review and reversal by the City Council. Significant adjustments will require amendment to this land use plan and design standards. 2.2. THE REGULATING PLAN Figure 4, the "Regulating Plan," specifies essential physical features for the Town Center area, including required streets, "Build -to Lines," building entrances, gateways, and landscaped frontages. Required Streets A minimum framework of required streets is shown in Figure 4, the Regulating Plan. The design of streets must conform to the standards set forth in the Regulating Plan. Parking lot drive aisles are not considered streets. Build -to Lines Build -to Lines define locations where buildings must be built within a certain distance of the public right - of -way. Bringing building fronts close to the edge of streets enhances the continuity, attractiveness and intimacy of pedestrian spaces. The build -to line defines a location at which 1) a certain minimum percentage of the block length must contain buildings, and 2) those buildings must be built within a maximum distance from the Right of Way. The Regulating Plan shows the location of Build -to Lines, which require either 50 or 70 percent of the block to have buildings, parks, or plazas. Specific regulations for Build -to Lines are: • Build -to Lines occur at the edge of the dedicated right -of -way, where private property meets a publicly - accessible street or path. • For each block, a minimum percentage (50 or 70 percent) of the linear length of the build -to line must have a building front, park, or plaza, as specified on Figure 4, the Regulating Plan. The minimum build -to requirement is measured as a percent of each "block." A block is defined as a continuous street segment, delimited by two cross streets (not driveways) or where the roadway makes a significant change in direction. If a non - required street is added and bisects a build -to line, the build - to requirements govern each separate segment. • To contribute towards meeting the Build -to requirement, building facades must be set back no more than 5 feet from the public right of way in the commercial and mixed use districts and no more than 15 feet in the residential district. • Parks or plazas may be used to satisfy up to 20 percent of the build -to requirement, and must be landscaped with shade trees and furnished with seating areas. (In other words, 20 percent of the 50 or 70 percent requirement may be parks or plazas. For example, for a 70 percent build -to requirement along a 500 -foot long block, 350 feet (70 percent of 500 feet) would have to have buildings, parks, or plazas, and the parks or plazas could not constitute more than 70 feet of frontage (20 percent of 350 feet). • Parking lots, driveways, loading zones, and other vehicular areas do not count towards the minimum build -to requirement. Such areas, with the exception of driveways and curb cuts, must be screened as described under "Landscaped Frontages" in Chapter 3. Standards for Build -to Lines and associated elements such as minimum building height, building frontage, and building entry and window placement and frequency are described in greater detail in Building Massing and Placement Standards (for the Mixed -Use, Commercial, Civic, and Residential District, Chapters 3 and 4. Landscaped Frontages Landscaped Frontages shall be used to extend a sense of enclosure to the street in locations where street - facing buildings are not required. Landscaped frontages will also screen views of parking lots and loading areas, and will help establish a unique project identity. Required Building Entries The Regulating Plan shows locations where major building entries must be provided to create important pedestrian and visual connections. These entries are located at important corners or intersections, typically where a larger store would locate, where pedestrian and automobile activity is high, or where buildings face onto public parks. Placing entries at these locations helps ensure that the buildings relate to the street and that pedestrians have a direct route of entry to the buildings. Pedestrians passing through these entries establish a "critical mass" of activity at major corners and near parks. Although building tenants typically will also need an entry from the rear parking lot, they are prohibited from closing off or locking up the street - facing entry to simplify their security and layout needs. Gateways Entrances to the Town Center shall be marked by distinctive features that announce the Town Center and foster a memorable sense of arrival. • • • • • CHAPTER 3. COMMERCIAL, MIXED -USE & CIVIC DISTRICT STANDARDS 3.1. ALLOWABLE USES Table 1 indicates allowable land uses, both permitted (P) and conditional (C), in each of the land use Districts designated on the Land Use Plan. Conditional uses are expected to meet special requirements in their design or on -going operation. The Mixed -Use, Commercial and Civic Districts preclude uses that would likely detract from their compact and pedestrian- friendly character. In Mixed -Use Districts, community- and neighborhood- serving retail stores (such as full - service grocery, drug and hardware stores), entertainment uses, restaurants, and specialty shops are preferred. Assisted Living Facilities allowed in certain portions of the Commercial Districts, are subject to Commercial and Mixed Use standards. Upper -story housing is alse allowed in Mixed -Use Districts over retail or office commercial or civic uses. All housing in Mixed Use Districts are subject to , and is subject to the standards for the Mixed -Use Districts, rather than the standards for the Residential Districts. Commercial and Mixed Use Districts. Building entries and windows shall line streets to create a "Main Street" pedestrian friendly character. Activity. Outdoor seating and cafes are encouraged on sidewalks and within setbacks in the Commercial and Mixed -Use District, to increase activity and interest at the street. SECTION 3.1 ALLOWABLE USES Table 1. Allowable Land Uses in Mixed-Use Commercial, and Civic Districts Allowable Land Use Comm ercial Mixed Use Civic Commercial Uses Amusement enterprises including billiard halls, pinball & video arcades entirely within the principal use, but exclude driving ranges, miniature golf courses, and go-cart tracks. [1] [6] P - - Cinemas, theaters and auditoriums, except sports assembly, exhibit halls, and convention halls. P - - Eating places /restaurants /private clubs and lodges: • With outdoor seating areas [4] [6] • With drive - through or drive -up facilities [5] • With entertainment, bar or cocktail lounge at least 50 feet from the Residential District. [2] P C C A P C - A - - - - Finance services including banks, savings & loans, credit services: • With drive- through or drive -up facilities [5]. P C P - - Drive-through or drive -up services not listed elsewhere [5] C - - Finance, insurance & real estate services, including security & commodity brokers & dealers, insurance & real estate agents, and brokers; not including banks, savings & loans, & credit services. P P - Food stores, including supermarkets, meat & fish stores, fruit & vegetable stores, candy stores, bakeries, health food stores, and catering establishments. P P - Convenience stores without gas pumps P P - Furniture & home furnishing retail sales, incl. household appliances, electronic equipment & office furniture. Must be less than 40,000 s.f. footprint. P P - Garden supplies, excluding hay, grain & bulk feed sales and storage. Must be less than 40,000 s.f. footprint. P P - General merchandise retail, including but not limited to: variety, hardware, and dry goods stores, but excluding vending machine operators and direct selling organizations. Must be less than 40,000 s.f. footprint. P P - Miscellaneous retail trade including florists, tobacco shops, newspapers & magazines, camera & photo supplies, gifts, optical goods, pet sales & supplies, books, stationery, art & hobby supplies, antiques, stamps & coins, jewelry sales & minor repair. P P - Health clubs and gymnasiums. P - P Hotel P - - TABLE 1 NOTES: P = permitted use. C = conditional use. (See Appendix A for Conditions of Use) A = accessory to permitted or conditional use [1] Driving ranges and other outdoor amusement enterprises are prohibited because of their land - intensive nature. Hours of operation may be imposed as a condition of approval. [2] Establishments that serve alcohol, and /or feature amplified music are conditionally permitted as an accessory use to restaurants subject to City Code requirements if they are at least 50 feet from the Residential District. • • • • • • Table 1 (continued). Allowable Land Uses. Allowable Land Use Commercial Mixed Use Civic Personal services including clothes laundering, photographic services, barber & beauty services, dry cleaning and shoe repairs, but excluding industrial laundering. P P - Professional services including medical & health offices & clinics, engineering & design services, legal and counseling services, but excluding laboratories, hospitals, sanitariums and rest homes. P P - Laboratories, hospitals, sanitariums, and rest homes. - - - Assisted Living Facilities, provided that they are not on the P P _ first floor of a building except they are allowed on the first floor of a building in areas with a 50% build to line or less. Public & Quasi- Public Uses Indoor recreation facilities - - P Outdoor recreation facilities (floodlighting not to exceed 0.5 foot - candles at the property line of adjacent residential uses); - - P Concession stands (not exceeding 500 square feet); P P P Community - serving centers & facilities, including daycare and senior, recreation & teen centers. P P P Cultural facilities including auditoriums, libraries and art galleries. P P P Semipublic facilities and institutions without sleeping accommodations, including the following: churches and other religious institutions, non -profit social service organizations, philanthropic and charitable institutions. P P P University, college, community college, and professional schools (except truck driving schools). P P P Residential Uses Residential units 17g1t=t - P - l}ving) above ground -floor commercial space (c.g. retail or - 12 _ assitedlis Temporary Uses Christmas tree or pumpkin lot sales, not to exceed 45 calendar days per year per type of sale. [6] P P P Farmers' markets including the sale of vegetables, fruit, baked goods, and other agricultural products, once a week and limited to 6 hours per week [3] P P P Art fairs & festivals, subject to City Code [6] P P P Temporary outdoor display and sales of merchandise associated with principle use A A - Other Uses - - - See Section 1, Subd. 1-E of the Lino Lakes Zoning Ordinance [3] The City Planning Department may establish administrative standards. [4] Outdoor seating may occur between buildings and within allowable building setbacks (see Table 3). Outdoor seating may also occur on sidewalks within street rights -of -way, provided that there is a clear passage for pedestrian movement that is at least 6 feet in width. [5] Refer to the diagram on page 20 for guidance on siting drive - throughs. [6] The City may set limits on hours of operation to avoid nuisance issues. CITY OF LINO LAKES ORDINANCE NO. 11 -09 AN ORDINANCE AMENDING THE PLANNED UNIT DEVELOPMENT FOR THE LEGACY AT WOODS EDGE (LINO LAKES TOWN CENTER) AS CREATED BY ORDINANCE 04 -04 AND PREVIOUSLY AMENDED BY ORDINANCES 14 -08 AND 09 -05. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: SECTION I. FINDINGS The City Council makes the following findings regarding the application for amending the Planned Unit Development for the property described below, based on the factors listed in Section 2, Subd.1E of the Lino Lakes zoning ordinance: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan, as the site is guided for mixed uses. 2. The proposed use is or will be compatible with present and future land uses of the area. The project area is guided for a mix uses. Land in the area of the site is already developed with mixed uses or designated for such use. 3. The Lino Lakes Town Center Design & Development Guide contains specific performance standards that will apply to any Assisted Living Facility use that is proposed within the Planned Unit Development area. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Public improvements have been completed that will service the entire Planned Unit Development area adequately. 5. Traffic generation by the proposed use is within capabilities of streets serving the property in conjunction with the public improvements proposed. The Planned Unit Development for the Legacy at Woods Edge (Lino Lakes Town Center) as approved by Ordinance 04 -04 is hereby amended as follows: • • • SECTION 2. A. Section 2.1 of the Lino Lakes Town Center Design & Development Guide, attached to Ordinance 04 -04 as Exhibit B, shall be amended as follows: 2.1. THE LAND USE PLAN Figure 3, the Land Use Plan, spells out the basic arrangement and extent of activities within the Town Center. The land uses shown in the Land Use Plan correspond to the Mixed Use, Commercial, and Civic District, which have one set of design and development standards; and the Residential District, which has another set of design and development standards. The boundaries shown on the Land Use Plan are approximate. As long as development conforms to the regulating plan, boundaries may change based on detailed site analysis and revised regulations for the protection of environmental assets. The Land Use Plan ensures mixed use and shows specific boundaries for the Residential District. However, residences may alse be built as upper -story housing over ground - floor retail or office commercial in the Mixed -Use District, Assisted Living Facilities are also allowed in certain portions of the Commercial District and above other commercial uses in the Mixed -Use District. as long as the minimum number of units is built. The minimum and maximum numbers of residential units are assigned in the Lino Lakes Comprehensive Plan. Minor adjustments to the Land Use Plan are permitted at the discretion of the City Council, if the Council finds they are consistent with the intent of the Development Standards. Adjustments are subject to review and reversal by the City Council. Significant adjustments will require amendment to this land use plan and design standards. B. Section 3.1 of the Lino Lakes Town Center Design & Development Guide, attached to Ordinance 04 -04 as Exhibit B, shall be amended as follows: 3.1. ALLOWABLE USES Table 1 indicates allowable land uses, both permitted (P) and conditional (C), in each of the land use Districts designated on the Land Use Plan. Conditional uses are expected to meet special requirements in their design or on -going operation. The Mixed -Use, Commercial and Civic Districts preclude uses that would likely detract from their compact and pedestrian - friendly character. In Mixed -Use Districts, community- and neighborhood- serving retail stores (such as full - service grocery, drug and hardware stores), entertainment uses, restaurants, and specialty shops are preferred. Assisted Living Facilities allowed in certain portions of the Commercial Districts, are subject to Commercial and Mixed Use standards. Upper -story housing is alse allowed in Mixed -Use Districts over retail or office commercial or civic uses. All housing in Mixed Use Districts are subject to , and is subject to the standards for the Mixed -Use Districts, rather than the standards for the Residential Districts. C. Table 1 of Section 3.1 (Allowable Uses) of the Lino Lakes Town Center Design & Development Guide, attached to Ordinance 04 -04 as Exhibit B, the Table title shall be amended, the use Assisted Living Facility added at the end of the Commercial Uses section, and the Residential Uses section shall be amended as follows: SECTION 3.1 ALLOWABLE USES Table 1. Allowable Land Uses in Mixed -Use, Commercial, and Civic Districts Allowable Land Use Comm ercial Mixed Use Civic Commercial Uses Assisted Living Facilities, provided that they are not on the first floor of a building except they are allowed on the first floor of a building in areas with a 50% build to line or less. P P Residential Uses Residential units above ground -floor commercial space {c.g. retail or employment), P SECTION 3. As above amended, said Ordinance shall stand as initially passed and previously amended. SECTION 4. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the Lino Lakes City Council this day of , 2009 John J. Bergeson, Mayor ATTEST: Julianne Bartel, City Clerk • • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09 -94 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 11 -09 FOR PUBLICATION WHEREAS, the City Council has approved the first and second reading of Ordinance No. 11 -09, amending Ordinance No. 04 -04 which established the Planned Unit Development for the Legacy at Woods Edge and the Lino Lakes Town Center Design and Development Guideline for the project; and WHEREAS, Ordinance No. 11 -09 is lengthy and MN Statute 412.191 provides for a city to publish a summary of an ordinance, and WHEREAS, the City Council determines that the summary clearly informs the public of the intent and effect of the ordinance, and 4111 WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall. NOW, THEREFORE BE IT RESOLVED THAT the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Passed by the Lino Lakes City Council this 9th day of November 2009. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: • Whereupon said resolution was declared duly passed and adopted. ATTACHMENT A, RESOLUTION 09 -94 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 11 -09 AN ORDINANCE amending Ordinance No. 04 -04 which established the Planned Unit Development for the Legacy at Woods Edge and the Lino Lakes Town Center Design and Development Guideline for the project The purpose of amending the Planned Unit Development for the Legacy at Woods Edge that was created by Ordinance No. 04 -04 is to clarify the use known as Assisted Living Facilities and to clearly identify the district requirements for the placement of such facilities within the project area, and to correct non - substantive errors in the Lino Lakes Town Center Design and Development Guideline which regulates the development of the project area. Passed by the Lino Lakes City Council on November 9, 2009. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall • • • • • • AGENDA ITEM 6B -i STAFF ORIGINATOR: Mary Alice Divine CC MEETING DATE: November 23, 2009 TOPIC: Resolution 09 -105 — Addendum to Contract for Private Development between the City of Lino Lakes and Lino Lakes Lodging, LLC BACKGROUND In 2004 the EDA and the City entered into a Development Contract with Hartford Development, Inc. and provided assistance within Tax Increment Financing District No. 1 -11. As pursuant to the contract, redevelopment occurred and a successor to the contract (Country Inn & Suites) redeveloped a portion of the commercial component of the minimum improvements as defined in the original contract. A developer is acquiring the hotel to convert it to an assisted living and memory care facility. The City has an interest in ensuring that the developer or its successors continue to pay real estate taxes on an assessed value that provides as much tax increment as before the conversion. This agreement obligates payment of taxes on a minimum assessed value of $3,750,000. The county assessor may, in actuality, place a higher value on the facility once final plans have been submitted, and the final assessed value will be executed in an assessment agreement that will be valid until the maturity date of the original contract. In order to provide the developer with a future option to sell the facility to a non - profit, the agreement requires a payment in lieu of taxes (the "PILOT Agreement "), for a period of 30 years if a non - profit owns the facility. Prior to the contract maturity date a non- profit would be required to make payment as if the property were subject to taxes. After the maturity date the annual payment would be only on the City's share of taxes RECOMMENDATION Staff recommends approving Resolution No. 09 -105. ATTACHMENTS 1. None. See Addendum to Contract for Private Development in your EDA packet. —82— CITY OF LINO LAKES RESOLUTION NO. 09-105 RESOLUTION APPROVING AN ADDENDUM TO CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN THE LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF LINO LAKES, AND LINO LAKES LODGING, LLC BE IT RESOLVED By the City Council ( "Council ") of the City of Lino Lakes, Minnesota ( "City ") as follows: Section 1. Recitals. 1.01. The Lino Lakes Economic Development Authority ( "Authority") administers Development District No. 1 (the "Project)" and Tax Increment Financing District No. 1 -11 (the "TIF District ") pursuant to Minnesota Statutes, Sections 469.124 to 469.134 ( "Development District Act ") and Sections 469.174 to 469.179 (the "TIF Act "). 1.02. The Authority, City and Legacy Holdings/Lino Lakes, LLC (the "Developer ") entered into a into a Contract for Private Development dated December 20, 2004, amended by a First Amendment thereto dated September 13, 2005 (the "Original Contract "), setting forth the terms and conditions of redevelopment of certain property within the Project, referred to generally as the Legacy at Woods Edge Project. 1.03. Lino Lakes Lodging (the "Assisted Living Developer ") proposes to acquire and convert the existing hotel that was previously developed within the Legacy at Woods Edge Project, and in connection with such conversion, the Assisted Living Developer, Authority and City propose to enter into an Addendum to the Original Contract (the "Addendum "). 1.04. The Council has reviewed the Addendum and determined that it is in the best interests of the City to approve the same. Section 2. City Approval; Further Proceedings. 2.01. The Addendum as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and Acting City Administrator, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and Acting City Administrator are hereby authorized to execute on behalf of the City the Addendum and any documents referenced therein requiring execution by the City, and to carry out on behalf of the City its obligations thereunder. —83— • • • • • Approved by the City Council of the City of Lino Lakes, Minnesota this 231d day of November, 2009. A "ITEST: City Clerk 2 —84— Mayor • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 6C (i) Michael Grochala November 23, 2009 Consideration of Resolution No. 09 -102 Approving Joint Powers Agreement with City of Hugo for Construction- I- 35E/CSAH 14 (Main Street) Interchange Simple Majority On October 5, 2009 the City approved the Joint Powers Agreement with Anoka County for the construction of the I- 35E/CSAH 14 ( Main Street) interchange. The City's share of the project is estimated at $4,241,833. The City of Hugo has been a participant in the I -35W /E Coalition and recognizes the importance of the improvements to the region. Therefore the City of Hugo is committing financial assistance, in the amount of $100,000, for construction of the interchange. The Joint Powers Agreement (JPA) provides for payment to the City of Lino Lakes upon acceptance of bids and project award by the County. RECOMMENDATION Staff is recommending approval of the JPA with the City of Hugo. ATTACHMENTS 1. Resolution No. 09 -102 2. Joint Powers Agreement -85- Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09 -102 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH CITY OF HUGO I -35E/ CSAH 14 (MAIN STREET) INTERCHANGE RECONSTRUCTION WHEREAS, the Cities of Hugo and Lino Lakes have participated in the 1 -35 W/E Coalition along with several surrounding cities, counties, and state agencies for the purpose of consolidating efforts regarding common transportation needs affecting the region, and WHEREAS, the City of Lino Lakes, and the County of Anoka have entered into an agreement to reconstruct the Interchange of I -35E and County State Aid Highway 14 (Main Street) including the bridge over I -35E, hereinafter referred to as the "Project"; and WHEREAS, the City of Hugo has proposed to contribute financially to the City of Lino Lakes local share of project costs; and WHEREAS, Minnesota Statutes section 471.59 authorizes political subdivisions to enter into joint powers agreements. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City Council hereby approves the Joint Powers Agreement with the City of Hugo for the Reconstruction of the Interchange of I -35E and County State Aid Highway 14 (Main Street) and authorizes the Mayor and City Clerk to execute said agreement on behalf of the City. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 23 day of November, 2009. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted 2 -86- • • • • • JOINT POWERS AGREEMENT I -35E /CSAH 14 Interchange THIS AGREEMENT made and entered into this day of , 2009, by and among the City of Hugo, Washington County, Minnesota ( "Hugo ") and the City of Lino Lakes, Anoka County, MN ( "Lino Lakes ") WITNESSETH: WHEREAS, the Cites of Hugo and Lino Lakes have participated in the I -35 W/E Coalition along with several surrounding cities, counties, and state agencies for the purpose of consolidating efforts regarding common transportation needs affecting the region, and; WHEREAS, the interchange at I -35E and CSAH 14 in Anoka County has been the source of major congestion affecting this region for the past several years, and serves as the primary entrance for traffic entering and exiting Hugo, and; WHEREAS, recent development in Hugo, and other nearby cities, has contributed to the traffic and congestion at this interchange, resulting in long delays for traffic using roads near the interchange, and; WHEREAS, Hugo has determined that improvements to this interchange are important for the purposes of reducing traffic delays, and improving access to and from the City. Reducing traffic delays at the interchange will improve the City's economic development prospects, improve the quality of life for residents within the community, and will reduce air pollution in the City, and; WHEREAS, the I -35 W/E coalition has succeeded in obtaining Federal funding for the design and construction of the interchange at I -35E and CSAH 14 in Anoka County, and; WHEREAS, construction plans for the project have been approved, and Lino Lakes and Anoka County have entered into a joint powers agreement concerning the construction and financing for this project, and; WHEREAS, Hugo recognizes the benefits of the completion of this project to all taxpayers in Hugo, has offered financial assistance for the project at meetings of the I -35 W/E coalition, and now commits financial support for the project via this joint powers agreement, and WHEREAS, Minnesota State Statute authorizes political subdivisions to enter into joint powers agreements. NOW THEREFORE, HUGO AND LINO LAKES MUTUALLY AGREE THAT: 1. Lino Lakes, through its agreement with Anoka County will complete the approved interchange project in accordance with the timelines contemplated under that agreement. 2. Hugo will submit payment to Lino Lakes not to exceed $100,000 within 30 days upon receipt of an invoice for said funds from Lino Lakes. Said invoice may be submitted following the acceptance of bids and after authorization has been given to the contractor to proceed with construction of the project. 3. Said funds shall be used in the construction of the improvements, and the City of Lino Lakes shall provide documentation to the City of Hugo sufficient to demonstrate that the funds have been utilized to construct the interchange. IN WITNESS WHEREOF, Hugo and Lino Lakes have caused this agreement to be duly executed on the day and year first above written. • • • By Fran T iron, Mayor STATE OF MINNESOTA CITY OF HUGO ) ss. COUNTY OF WASHINGTON) By VFW, Michele Lindau, City Clerk On this 9 day of (10 e..1/ , 2009, before me, a Notary Public, personally appeared Fran Miron and Michele Lindau, of the City of Hugo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and Fran Miron and Michele Lindau acknowledged said instrument to be the free act and deed of said City of Hugo. CITY OF LINO LAKES rJJ"llJ'lfI_/ll /ff �rJ ✓llfJ! ff ,!� DEBICLOSE. NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31,2011 By By John J. Bergeson, Mayor Julie Bartell, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF _ On this day of , 2009, before me, a Notary Public, personally appeared John Bergeson and Julie Bartell, of the City of Lino Lakes, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Lino Lakes by the authority of the City Council of the City of Lino Lakes, and John Bergeson and Julie Bartell acknowledged said instrument to be the free act and deed of said City of Lino Lakes Notary Public • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 6C(ii) Michael Grochala November 23, 2009 Consideration of Resolution No. 09 -103 Authorizing Report on Improvements, 21st Avenue Realignment 4/5 In October the City entered into a Joint Powers Agreement with Anoka County for the reconstruction of the I- 35E/CSAH 14 (Main Street) Interchange. The interchange project includes modification of the existing local street access with 21st Avenue. As currently constructed, the CSAH 14/21st Avenue intersection provides limited access to properties north and south of CSAH 14. Commonly referred to as a % access, traffic movements to and from 21st Avenue are limited to right -in, right -out, and left -in only movements. During the interchange design process, following discussion with neighboring properties, Anoka County, and Mn /DOT, an alternative access plan was proposed for properties Tying north and south of CSAH 14. Under the proposed interchange plans, access to properties Tying north of CSAH 14 will be provided by a full movement, signalized intersection at the current 21st Avenue location. Movement to properties Tying south of CSAH 14 will be limited to right -in only at this location. Full access to properties Tying south of CSAH 14 will be provided by a new signalized intersection, located easterly of 21st Avenue in conjunction with the freeway ramps. This new intersection will require the construction of a new local roadway (21st Avenue realignment) to connect to the existing street and service existing /future development. City staff has discussed these improvements with the property owner and developer who are supportive of the proposed improvements. It is anticipated that the improvements will be constructed and assessed to the properties Tying south of the CSAH 14. Construction is expected to happen concurrently with the interchange improvements. To initiate the design of the roadway system staff is requesting council authorization to order the report on improvement (feasibility study). TKDA, the City's engineer, has proposed to complete the study for the amount of $16,300. The study is proposed to be initially funded by State Aid dollars previously designated for the City's share of the interchange design and planning. If the project proceeds and is assessed, the dollars —90-- can be incorporated into the final assessment amount. The project area lies within a Charter exempt zone. In accordance with the City Charter provisions the public improvement process will follow Minnesota Statutes, Chapter 429. RECOMMENDATION Staff is recommending approval of Resolution No. 09 -103 ATTACHMENTS 1. Resolution No. 09 -103 2. Conceptual 21St Avenue Alignment 3. TKDA Proposal • • • Attachment 2 II Existing 21st Avenue Intersection • 4 • Attachment 3 Conceptual 21st Avenue Realignment 41.11,1.01.1.P. a MS: ti •- C.. 0• E 4- _J J -0 4- L 1.0 Si rr-r; 1- 0* C ID? !it VI - - - 0 .-/' • 9r72:11, i ' LJ . f tie"- ,4...h1.11y4LX?,`,,.."+""‘" :VI/ Conceptual 21st Avenue Realignment (Green) • ■-• • Council Member its adoption: introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 09 -103 RESOLUTION AUTHORIZING PREPARATION OF REPORT ON IMPROVEMENT 21ST AVENUE REALIGNMENT WHEREAS, it is proposed to improve 21st Avenue between 21st Avenue and a new intersection with CSAH 14, proposed to be constructed approximately 550 feet easterly of the present 21st Avenue alignment, by grading, storm sewer, bituminous surfacing, curb and gutter, water main, sanitary sewer, sidewalk and street lights and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statues, Chapter 429 and the City Charter, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the proposed improvement be referred to TKDA, Inc., the City's Engineer, for study in the amount of $16,300 and that they are instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost- effective, and feasible; whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 23`d day of November, 2009. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. _92_ CITY OF LINO LAKES, MINNESOTA AUTHORIZATION FOR PROFESSIONAL SERVICES TO: Toltz, King, Duvall, Anderson and Associates, Incorporated 444 Cedar Street, Suite 1500 St. Paul, Minnesota 55101 Pursuant to our General Agreement dated March 8, 1993, as amended on January 18, 1994, you are hereby authorized to proceed with the professional services described as follows. 21st AVENUE RELOCATION FEASIBILITY I. PROJECT DESCRIPTION The CITY requests preparation of a Feasibility Report for Street, Drainage, and Utility Improvements in the City of Lino Lakes for the 21st Avenue Relocation Project. Provide Engineering Services for the preparation of a Feasibility Reports in connection with Street, Drainage, and Utility Improvements for the streets and business area identified above, hereinafter referred to as the 21st Avenue Relocation Project. This Project consists of determining the feasibility, associated costs for street relocation, and drainage improvements for the streets and business area as shown in the Clearwater Creek Retail Development Concept Plan. The study will include a review of the costs to relocate the streets and to provide drainage through the installation of a storm sewer system, if necessary. The study will also review the condition of the sanitary sewer and watermain facilities to identify improvements that would need to be completed in conjunction with the street relocation. The Report will be prepared as a desktop survey using existing mapping information available from the CITY, and from conducting a windshield survey of the study area. Cost estimates will be preliminary, but compiled in sufficient detail to determine economic viability of the recommended improvements, and to determine the preliminary assessments that would be attributed to the benefiting properties. The scope of the Report does not include a detailed field survey. II. SERVICES TO BE PROVIDED BY TKDA TKDA is requested to provide the following services: A. Consult with the CITY to clarify and define the requirements for the Project. Review available data and be available for general consultation. —93— • IIB. Advise the CITY as to the necessity of the CITY providing or obtaining from others data or services pertinent to the Project and assist the CITY with obtaining such data and services. C. Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. D. Provide analysis of the CITY'S needs, planning surveys, site evaluations, and comparative studies of prospective sites and solutions. E. Provide a general economic analysis of the CITY'S requirements applicable to various alternatives. F. Prepare Feasibility Reports in sufficient detail to determine if the areas within the Project are cost - effective and feasible. The Reports will consist of exhibits and schematic layouts, conceptual design criteria, preliminary estimate of Project cost, and identification of typical financial impact to benefiting properties /users, conclusions, and recommendations. G. Furnish 10 copies of each final Feasibility Report to the CITY. A meeting will be held with CITY staff to review the Feasibility Reports. • H. Assist with presentation of the Feasibility Reports to the City Council. Present the information at the public hearing for the Project. I. Services include up to a total of three meetings and/or public presentations with the CITY'S representatives. III. ADDITIONAL SERVICES If authorized by the CITY, furnish or obtain from others Additional Services of the types listed below which are not considered as normal or customary services. Additional Services shall be compensated for on an Hourly Rate basis as defined in our General Agreement, Article 3, a part hereof, and such compensation shall be over and above any maximums or Lump Sum amounts set forth in this Authorization. A. Obtain detailed topographic surveys and prepare detailed topographic base maps of the sites for design purposes. B. Registered land or right -of -way surveys, property surveys or locating property corners; right -of -way mapping, plats; legal descriptions; land appraisals, negotiations, and/or related services. C. Investigations of existing conditions or facilities or to make measured drawings thereof, IIIor to verify the accuracy of drawings or other information furnished by the CITY. D. Environmental studies, wetland delineations, and wetland surveys. E. Soil borings and laboratory tests; field and/or other geotechnical investigations. F. Expenses associated with public hearing(s) including meeting place, hearing officer, court reporter, typing of transcript, and publication of public notices. G. Publication and wiling expenses associated with public notifications, including the tabulation of property owners' mailing addresses. H. Assistance in obtaining financing for the Project; detailed quantity surveys of material, equipment, and labor. I. Services resulting from significant changes in extent and scope of the Project or its design including, but not limited to, changes in size, complexity, CITY'S schedule, or character of construction or methods of financing, and revising previously accepted studies, reports when such revisions are due to causes beyond TKDA'S control. J. Preparing to serve or serving as expert witness in connection with any legal or arbitration proceeding. IV. PERIOD OF SERVICE TKDA shall commence services promptly upon receipt of the signed Authorization, and complete and distribute the Feasibility Reports within 90 days thereafter. V. COMPENSATION Compensation to TKDA for services provided under SECTION II of this Authorization shall be as defined in Agreement Article 3 in the amount of $16,300. Approved at a meeting of the City Council on , 2009. By Attest • • Consultant Acceptance by , 2009. 40 Authorized TKDA Representative • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 6D Michael Grochala November 23, 2009 Resolution No. 09 -104, Approving Change Order No.17, Lake Drive /35W Improvement Project VOTE REQUIRED: 3/5 Vote Required BACKGROUND: On May 14, 2007 the City Council awarded the Lake Drive /I -35W Improvement Project to Lunda Construction Company in the amount of $7,531,701.71. In July of 2008 EJM Pipe Services began to install a new storm pipe jacked under I- 35W to perpetuate the drainage around the new Lake Drive bridge. Work was temporarily suspended by the Mn /DOT project engineer and SEH (design engineer) to address changes in design materials. The contractor is entitled to costs associated with and resulting from the unavoidable delay. Change Order No. 17 provides for a negotiated lump sum payment in the amount of $1,202.34. RECOMMENDATION: Staff is recommending approval of Resolution No. 09 -104. ATTACHMENTS 1. Resolution No. 09 -104 2. Change Order No. 17 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09-104 RESOLUTION APPROVING CHANGE ORDER NO. 17 LAKE DRIVE!I35W IMPROVEMENT PROJECT WHEREAS, pursuant to the resolution of the City Council adopted May 14, 2007, the City awarded the construction contract for the Lake Drive /I -35W Improvement Project to Lunda Construction Company, and WHEREAS, EJM Pipe Service began to install a new strom pipe jacked under 1 -35W to perpetuate the drainage around the new bridge no. 02817; and WHEREAS, said work was temporarily suspended by the project engineer pending approval of the pipe jacking material by the design engineer; and WHEREAS, EJM Pipe Service has submitted a claim requesting payment for costs associated with the delay; and WHEREAS, the project engineer has determined that the contractor is entitled to costs resulting from the delay. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Change Order No.17, is hereby approved in the amount of $1,202.34. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 23`d day of November, 2009. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • Mn/DOT TP- 2460 = 0112 -92) SHEET 1 OF 1 SHEETS State of Minnesota - Department of Transportation CHANGE ORDER # 17 Contractor: Lunda Construction Co. Address: 15601 Clayton Avenue S. Rosemount, MN 55068 State Project No.: 0280 -55 Contract No. Z07502 Location: In Lino Lakes on CSAH 23 (Lake Dr.) From 1000 ft. south of Town Center Parkway to Apollo Dr. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions. On July 29, 2008 EJM Pipe Services began to install a new storm pipe jacked under I -35W to perpetuate the drainage around the new bridge no. 02817. Approximately midday the Contractor was ordered to stop work by the Project Engineer until the pipe jacking material being used was approved by the Design Enb Weer. The suspension of work began midday of July 29, 2008 and the Contractor resumed work on July 31, 2008. The Project Engineer after further review of the Contractors claim submittal determined that the Contractor is entitled to costs associated resulting from the unavoidable delay. Payment to the Contractor for the unavoidable delay will be at the Negotiated Lump Sum Unit Price shown below in the Estimate of costs. Increase — Contract Unit Items Group No. 1 Item No. ESTIMATE OF COST Description Unit Quantity Unit Price Amount Work Delay LS 1 $1,093.04 $1,093.04 Prime Contractor 10% Allowance LS 1 $ 109.30 $ 109.30 CHANGE IN CONTRACT TIME Due to this change the Contract Time: a. Is increased ( ) by Working Days Is decreased ( ) by Working Days Is increased ( ) by Calendar Days Is decreased ( ) by Calendar Days b. Is not changed (X ) May be revised if the work affected the controlling operation ( ) Total Increase This Change Order $1,202.34 Issued By �� L �_ �S-e; Project/Resident/ r✓. unty Engineer Date Approved By: City of Lino Lakes Approved By: Anoka County Accepted By: Date Date L. /030 -09 Contractor's Authorized Representative Date Original to Project Engineer; copies to Contractor, City of Lino Lakes, Anoka County —98— AGENDA ITEM 6Ei STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: November 23, 2009 TOPIC: Resolution No. 09 -99, Approving Payment Request No. 2R (Final) and Compensating Change Order No. 1, 2009 Overlay Project. Vote Required: Simple Majority BACKGROUND: At the April 27, 2009 meeting, City Council awarded the 2009 Overlay Project contract to T.A. Schifsky and Sons, Inc. The contractor for the 2009 Overlay Project, T.A. Schifsky and Sons, Inc., is requesting City approval of Payment Request No. 2R (Final) in the amount of $10,454.68. A copy of the Final Payment is attached. The contractor has satisfactorily completed all work and has provided all necessary documentation. Also included with the request for Final Payment is Compensating Change Order No. 1 in the deduct amount of $1,175.70. A copy of the Compensating Change Order is attached. With this Change Order, the final project amount is $157,286.30, which is below the contract amount of $158,462.00. Approval of the Final Payment will begin the one -year warranty period. RECOMMENDATION: Staff recommends the approval of Resolution No. 09 -99, Approving Payment Request No. 2R (Final) and Compensating Change Order No. 1, 2009 Overlay Project. • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09-99 APPROVING PAYMENT REQUEST NO. 2R (FINAL) AND COMPENSATING CHANGE ORDER NO. 1, 2009 OVERLAY PROJECT WHEREAS, pursuant to the resolution of the Council adopted April 27, 2009, awarding the contract for 2009 Overlay Project to T.A. Schifsky and Sons, Inc.; WHEREAS, a complete breakdown is detailed in Payment No. 2R (Final) and Compensating Change Order No. 1; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Payment Request No. 2R (Final) and Compensating Change Order No. 1 is approved for a final contract amount of $157,286.30. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 23rd day of November, 2009. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • TKDA ENGINEERING • ARCHITECTURE • PLANNING The right time The right people. The right campan¢ vw- 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 -2140 (651) 292 -4400 (651) 292 -00B3 Fax www.tkda.com Proj. No. 14292.003 Cert. No. 2R (FINAL) St. Paul, MN, October 23 , 2009 To City of Lino Lakes, Minnesota Owner This Certifies that T.A. Schifsky & Sons, Inc. , Contractor For 2009 Overlay Project Is entitled to Ten Thousand Four Hundred Fifty -Four Dollars and 68/100 FINAL being 2nd estimate for paitial payment on contract with you dated Received ent j ti0 o •bove Certificate. 06 T. Schifsky & Sons, Inc. D cbber 20 , TKDA ($ 10,454.68 1 April 27, 2009 ■ es E. Studenski, P.E. RECAPITULATION OF ACCOUNT An Employee Owned Company Proin :n1rmative Action and Equal Opportunity CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price phis extras $ 158,462.00 All previous payments $ 146,831.62 All previous credits Extra No. Compensating Chage Order No. 1 $ (1,175.70) n n 11 11 n n Credit No. $ n n n n n n n n • AMOUNT OF THIS CER1'11-4CATE $ 10,454.68 Totals $ 157,286.30 $ 157,286.30 $ - Credit Balance $ There will remain unpaid on contract after payment of this Certificate $ - $ 157,286.30 $ 157,286.30 $ - An Employee Owned Company Proin :n1rmative Action and Equal Opportunity TKDA Engineering - Architecture - Planning PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS FINAL Estimate No. 2R Period Ending September 24 , 2009 Page 1 of 1 Proj. No. 14292.003 Contractor T. A. Schifslcy.& Sons Inc. - Original Contract Amount $158,462.00 Project 2009 Overlay Project Location City of Lino Lakes, Minnesota Total Contract Work Completed Total Approved Credits Total Approved Extra Work Completed $ 0.00 Approved Extra Orders Amount Completed Total Amount Earned This Estimate Less Approved Credits Less 0 % Retained Less Previous Payments Total Deductions Amount Due This Estimate 0.00 0.00 146,831.62 $ 157,286.30 $ 0.00 $ 0.00 $ 157,286.30 146,831.62 $ 10,454.68 Contractor G-r) Date - Z6 0.40 9. TA Schifsky So. .. d / %,, w Date it 23 -2_007 Engineer James E. Studensld, P.E. —102— • • ESTIMATE NO. 2R (FINAL) PERIOD ENDING: September 24, 2009 409 OVERLAY PROJECT ITY OF LINO LAKES, MINNESOTA TKDA PROJECT NO. 14292.003 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE 1 MOBILIZATION LS 1 1 $ 10,000.00 $ 10,000.00 2 RECLAIM BITUMINOUS SY 11,350 11,115 $ 0.55 $ 6,113.25 3 HAUL OUT EXCESS MILLINGS (LV) CY 630 389 $ 4.65 $ 1,808.85 4 RESHAPE MILLINGS (3% CROWN) RS 37 35 $ 67.50 $ 2,362.50 5 BITUMINOUS BASE COURSE 2360 (LVNW 35030) TN 1,380 1,420 $ 52.00 $ 73,840.00 6 BITUMINOUS WEARING COURSE 2360 (LVWE 45030) TN 1,110 1,095 $ 52.00 $ 56,940.00 7 BITUMINOUS MATERIAL FOR TACK COAT GAL 610 600 $ 2.25 $ 1,350.00 8 BITUMINOUS CURBING LF 520 469 $ 4.50 $ 2,110.50 9 SAWCUT BITUMINOUS DRIVEWAYS LF 100 136 $ 125 $ 170.00 10 REMOVE BITIMINOUS DRIVEWAY MATERIAL SY 100 0 $ • 1.80 $ 11 BIT. WEARING COURSE 2360 (LVWE 45030) (FOR DRIVES) SY 100 96 $ 13.45 $ 1 ,29120 12 REHABILITATE CATCH BASINS EA 6 4 $ 325.00 $ 1,300.00 TOTAL $ 157,286.30 TOTAL ESTIMATE NO. 2R (FINAL) $ 157,266.30 • • CHANGE ORDER TKDA Engineers - Architects - Planners Compensating Saint Paul, MN September 24 2009 Proj. No. 14292.003 Change Order No. 1R oWr- To T.A. Schfisky and Sons, Inc. for 2009 Overlay Project for City of Lino Lakes. Minnesota You are hereby directed to make the following change to your contract dated April 27 , 20 09 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (decrease) (net change) the contract sum by One Thousand One Hundred Seventy -Five Dollars and 70/100 ($ 1,175.70). COMPENSATING CHANGE ORDER This change order shows the actual quantities installed at the unit price bid amounts (see attached itemization): NET CHANGE _ Amount of Original Contract Additions approved to date (Nos. ) Deductions approved to date (Nos. ) Contract amount to date Amount of this Change Order (M4) (Deduct) RIe e) Revised Contract Amount Approved City of Lino Lakes By Owner Approved T.A. Schfiskv and Sons, Inc. Contractor By -,I. lb —104— TKDA By $ (1,175.70) $ 158,462.00 $ 158,462.00 $ (1,175.70) $ 157,28630 es E Studenski, P.E. White - Owner Pink - Contractor Blue - TKDA • • COMPENSATING CHANGE ORDER NO. 1R PERIOD ENDING: September 24, 2009 •2009 OVERLAY PROJECT CITY OF LINO LAKES, MINNESOTA TKDA PROJECT ND. 14292.003 ITEM CONTRACT QUANTITY UNIT AMOUNT NET CONTRACT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE CHANGE AMOUNT 1 MOBILIZATION LS 1 1 $ 10,000.00 $ 10,000.00 $ $ 10,000.00 2 RECLAIM BITUMINOUS SY 11,35D 11,115 $ 0.55 $ 6,113.25 $ (129.25) $ 6,2425D 3 HAUL OUT EXCESS MILLINGS (LV) CY 630 389 $ 4.65 $ 1,808.85 $ (1,120.65) $ 2,929.50 4 RESHAPE MILLINGS (3% CROWN) RS 37 35 $ 67.50 $ 2,362.50 $ (135.00) $ 2,497.50 5 BITUMINOUS BASE COURSE 2360 (LVNW 35030) TN 1,380 1,420 $ 5200 $ 73,840.00 $ 2,080.00 $ 71,760.00 6 BITUMINOUS WEARING COURSE 2360 (LVWE 45030) TN 1,110 1,095 $ 52.00 $ 56,940.00 $ (780.00) $ 57,720.00 7 BITUMINOUS MATERIAL FOR TACK COAT GAL 61D 600 $ 225 $ 1,350.00 $ (2250) $ 1,372.50 8 BITUMINOUS CURBING LF 52D 469 $ 4.5D $ 2,110.50 $ (229.50) $ 2,340.00 9 SAWCUT BITUMINOUS DRIVEWAYS LF 10D 136 $ 1.25 $ 170.00 $ 45.00 $ 125.00 10 REMOVE BITIMINOUS DRIVEWAY MATERIAL SY 100 0 $ 1.80 $ - $ (180.0D) $ 180.00 11 BIT. WEARING COURSE 2360 (LVWE 45030) (FOR DRIVES) SY 10D 96 $ 13.45 $ 1,291.20 $ (53.80) $ 1,345.0D 12 REHABILITATE CATCH BASINS EA 6 4 $ 325.00 $ 1,300.00 $ (650.0D) $ 1,950.00 TOTAL COMPENSATING CHANGE ORDER NO. 1R • • -105- $ 157,266.30 $ (1,175.70) $ 158,462.0D • • AGENDA ITEM 6Eii STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: November 23, 2009 TOPIC: Resolution No. 09 -100, Approving Payment Request No. 2 (Final) and Compensating Change Order No. 1, 2009 Sealcoat Project Vote Required: Simple Majority BACKGROUND: At the April 27, 2009 meeting, City Council awarded the 2009 Sealcoat Project contract to Allied Blacktop, Inc. The contractor for the 2009 Sealcoat Project, Allied Blacktop, Inc., is requesting City approval of Payment Request No. 2 (Final) in the amount of $6,771.70. A copy of the Final Payment is attached. The contractor has satisfactorily completed all work and has provided all necessary documentation. Also included with the request for Final Payment is Compensating Change Order No. 1 in the deduct amount of $266.00. A copy of the Compensating Change Order is attached. With this Change Order, the final project amount is $135,434.00, which is below the contract amount of $135,700.00. Approval of the Final Payment will begin the one -year warranty period. RECOMMENDATION: Staff recommends the approval of Resolution No. 09 -100, Approving Payment Request No. 2 (Final) and Compensating Change Order No. 1, 2009 Sealcoat Project Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09-100 APPROVING PAYMENT REQUEST NO. 2 (FINAL) AND COMPENSATING CHANGE ORDER NO. 1, 2009 SEALCOAT PROJECT WHEREAS, pursuant to the resolution of the Council adopted April 27, 2009, awarding the contract for 2009 Sealcoat Project to Allied Blacktop, Inc.; WHEREAS, a complete breakdown is detailed in Payment No. 2 (Final) and Compensating Change Order No. 1; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Payment Request No. 2 (Final) and Compensating Change Order No. 1 is approved for a final contract amount of $135,434.00. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 23rd day of November, 2009. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • TKDA ENGINEERING - ARCHITECTURE • PLANNING The right time. The right Pe* The right cow 444 Cedar Street Suite 1500 Saint Paul, MN 55101 -2140 (651) 282-4400 (551) 292 -0083 Fax www.tkda.com Proj. No. 14292.002 Cert. No. 2(Final) St. Paul, MN, October 7 , 2009 Owner , Contractor To City of Lino Lakes, Minnesota This Certifies that Allied Blacktop Co. For 2009 Sealcoatinz Is entitled to Six Thousand Seven Hundred Seventy -One Dollars and 70/100 ($ 6,771.70 ) FINAL being 2nd estimate for paitgal payment on contract with you dated April 27 , 2009 Received payment in full of above Certificate. Allied Blacktop Co. , 20 TKDA es E. Studenski, P.E. RECAPITULATION OF ACCOUNT An Employee Owned Company—PrIn9kAffirmative Action and Equal Opportunity CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras $ 135,700.00 All payments $ 128,662.30 previous All credits previous Extra No. Compenstaing Change Order No. 1 $ (266.00) n n n n n 71 Credit No. $ n n n n n n n n AMOUNT OF THIS CER1IYICATE $ 6,771.70 Totals $ 135,434.00 $ 135,434.00 $ Credit Balance $ There will remain unpaid on contract after payment of this Certificate $ - I $ 135,434.00 1 $ 135,434.00 $ - An Employee Owned Company—PrIn9kAffirmative Action and Equal Opportunity TKDA Engineering - Architecture - Planning • PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS Estimate No. 2(Final) Period Ending September 24 , 20 09 Page 1 of 1 Proj. No. 14292.002 Contractor Allied Blacktop Co. Original Contract Amount $135,700.00 Project 2009 Sealcoating Location City of Lino Lakes, Minnesota Total Contract Work Completed Total Approved Creciitc Total Approved Extra Work Completed Approved Fora Orders Amount Completed Total Amount Earned This Estimate $ $ 135,434.00 $ 0.00 0.00 $ 0.00 $ 135,434.00 Less Approved Credits $ 0.00 Less 0 % Retained $ 0.00 Less Previous Payments $ 128,662.30 Total Deductions $ Amount Due This Estimate Contractor Engineer Allied Blacktop Co. James E. Studenski, P.E. -109- Date Date 128,662.30 $ 6,771.70 /0/q/69 ESTIMATE NO. 2 (FINAL) 111/2009 SEALCOAT CITY OF LINO LAKES, MINNESOTA TKDA PROJECT NO. 14292.002 PERIOD ENDING: September 24, 2009 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE 1 BITUMINOUS SEALCOATING W/1/8" TRAP ROCK CHIPS SY 115,000.0 115,000.0 $ 1.17 $ 134,550.00 2 CRACK SEALING - (MATERIAL SUPPLIED BY CITY) LB 4,600.0 3,536.0 $ 025 $ 884.00 $ 135,434.00 SUBTOTAL TOTAL ESTIMATE NO. 2 (FINAL) $ 135,434.00 - 1 1 0 - pwr CHANGE ORDER TKDA Engineers- Architects - Planners Compensating Saint Paul, MN October 7 20 09 Proj. No. 14292.002 Change Order No. 1 To Allied Blacktop Co. for 2009 Sealcoat Project for City of Lino Lakes, Minnesota the following You are hereby directed to make g change to your contract dated April 27 , 20 09 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (iastease) (decrease) (net-chaEge) the contract sum by Two Hundred Sixty -Six Dollars and 00/100 ($ 266.00 ). COMPENSATING CHANGE ORDER This change order shows the actual quantities installed at the unit price bid amounts (see attached itemization): $ (266.00) NET MANGE _ $ 135,700.00 Amount of Original Contract $ Additions approved to date (Nos. ) $ Deductions approved to date (Nos. ) $ 135,700.00 Contact amount to date $ (266.00) Amount of this Grange Order (Add) (Deduct) () $ 135,434.00 Revised Contract Amount Approved City of Lino Lakes TKDA Owner By By 2Jdk Iames E. Studenski, P.E Approved Allied Blacktop Co. Contractor White - Owner Pink - Contractor Blue - TKDA • • CCMPENSATING CHANGE ORDER NO. 1 0 2009 SEALCOAT PROJECT CITY OF UNO LAKES, MINNESOTA TKDA PROJECT NO. 14292.002 PERIOD ENDING: September 24, 2009 ITEM CONTRACT QUANTITY UNIT AMOUNT NET CONTRACT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE CHANGE AMOUNT 1 BITUMINOUS SEALCOATING Wt1!8' TRAP ROCK CHIPS SB 115,000.0 4,600.0 115,000.0 3,536.0 $ 0.25 $ 134,550.00 664.00 $ (266.00) $ 131,150 0D 2 CRACK SEALING - (MATERIAL SUPPLIED BY CITY) $ 135,434.00 $ (266.00) $ 135,700.0D TOTAL COMPENSATING CHANGE ORDER NO. 1 • • -1 1 2- • • • AGENDA ITEM 6F STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: November 23, 2009 TOPIC: Resolution No. 09 -101, Approving Change Order No. 1 and Payment Request No. 1, 2009 Surface Water Management Project. Vote Required: Simple Majority BACKGROUND: At the August 24, 2009 meeting, City Council awarded the 2009 Surface Water Management Project contract to Penn Contracting, Inc. The contractor for the 2009 Surface Water Management Project, Penn Contracting, Inc., is requesting City approval of Payment Request No. 1 in the amount of $73,517.65. A copy of the Final Payment is attached. Also included with the request for Payment is Change Order No. 1 in the amount of $2,550.00. A copy of the Change Order is attached. The additional work covered by Change Order No.1 includes tree removal, additional fill, storm sewer cleaning, additional rip rap and the installation of a trench drain along Birch Street to address storm water runoff issues. With this Change Order, the contract amount is $99,440.00. RECOMMENDATION: Staff recommends the approval of Resolution No. 09 -101, Approving Change Order No. 1 and Payment Request No. 1, 2009 Surface Water Management Project. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09-101 APPROVING CHANGE ORDER NO. 1 AND PAYMENT REQUEST NO. 1, 2009 SURFACE WATER MANAGEMENT PROJECT WHEREAS, pursuant to the resolution of the Council adopted August 24, 2009, awarding the contract for 2009 Surface Water Management Project to Penn Contracting, Inc.; WHEREAS, a complete breakdown is detailed in Payment No.1 and Change Order No. 1; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Change Order No. 1 and Payment Request No. 1 and are approved for a final contract amount of $99,440.00. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 2311 day of November, 2009. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • • • • Saint Paul, MN CHANGE ORDER TKDA Engineering - Architecture - Planning November 13 20 09 Proj. No. 14292.004 Change Order No. 1 To Penn Contracting, Inc. for 2009 Surface Water Management Projects for City of Lino Lakes, Minnesota You are hereby directed to make the following change to your contract dated July 27 , 20 09 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (deupease) (net -serge) the contract sum by Two Thousand Five Hundred Fifty Dollars and 00/100 1$ 2,550.00 ) This change order provides for changes in the work of this contract according to the attached itemization. NET CHANGE = $ 2,550.00 Amount of Original Contract $ 96,890.00 Additions approved to date (Nos. ) $ Deductions approved to date (Nos. ) $ Contract amount to date $ 96,890.00 Amount of this Change Order (Add) (Deduct) (Ne -fie) $ 2,550.00 Revised Contract Amount $ 99,440.00 Approved City of Lino Lakes TKDA Owner By By es E. Studenski, P.E. Approved Penn Contracting, Inc. White - Owner Contractor Pink - Contractor Blue - TKDA By CHANGE ORDER NO. 1 November 6, 2009 2009 SURFACE WATER MANAGEMENT PROJECT CITY OF LINO LAKES, MINNESOTA TKDA PROJECT NO. 14292.004 ITEM NO. DESCRIPTION CONTRACT UNIT CONTRACT UNIT QUANTITY PRICE AMOUNT DEDUCT THESE ITEMS PROJECT 4 - WEST SHADOW LAKE DRIVE CROSSING 2 CLEAN /OPEN STORM SEWER OUTFALL EA 1 $ (500.00) $ (500.00) 5 REGRADE DITCH LF 150 $ (25.00) $ (3,750.00) SUBTOTAL PROJECT 4 $ (4,250.00) ADD THESE ITEMS PROJECT 6 - APOLLO MEADOWS TOWNHOMES 9 CLEAR AND GRUB TREE (4" DIA OR GREATER) EA 2 $ 200.00 $ 400.00 10 COMMON BORROW (FILL OVER PIPE) CY 48 $ 10.00 $ 480.00 SUBTOTAL PROJECT 6 $ 880.00 PROJECT 7 - LOIS LANE 10 CLEAN STORM SEWER PIPE SUBTOTAL PROJECT 7 LF PROJECT 8 - BLACKBIRD LANE 9 EROSION CONTROL BLANKET CATEGORY 3 SUBTOTAL PROJECT 8 PROJECT 10 - JAMES STREET 7 CLASS III RIPRAP W/ FABRIC SUBTOTAL PROJECT 10 SY CY 50 $ 10.00 $ 500.00 $ 500.00 60 $ 2.00 $ 12 $ 12 2 $ 150.00 $ 300.00 $ 300.00 PROJECT 13 - BIRCH STREET TRENCH DRAIN 1 INSTALL TRENCH DRAIN IN CONCRETE LS 1 $ 4,500.00 $ 4,500.00 2 CLASS II RIPRAP W/ FABRIC CY 5 $ 100.00 $ 500.00 SUBTOTAL PROJECT 13 $ 5,000.00 TOTAL CHANGE ORDER NO. 1 $ 2,550.00 • TKDA ENGINEERS • ARCHITECTS • PLANNERS 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 -2140 (651) 292-4400 (651) 292 -0083 Fax www.tkda.com Proj. No. 14292.004 Cert. No. 1 St. Paul, MN, November 13 , 20 09 To City of Lino Lakes, Minnesota This Certifies that Penn Contracting, Inc. For 2009 Surface Water Management Projects Owner , Contractor Is entitled to Seventy -Three Thousand Five Hundred Seventeen Dollars and 65/100 ($ 73,517.65 ) being 1st estimate for partial payment on contract with you dated July 27 , 2009 Received payment in full of above Certificate. TKDA Zoo Z./12641-- , 20 James E. Studenski, P.E. RECAPITULATION OF ACCOUNT An Employee Owned Company Promol4ngjA7irative Action and Equal Opportunity CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras $ 96,890.00 All previous payments $ - All previous credits Extra No. . Change Order No. 1 $ 2,550.00 tt II ft It II II $ - tt II tt tt tt tt tt $ 73,517.65 AMOUNT OF THIS CER 1.1-4CATE Totals $ 99,440.00 $ 73,517.65 $ - Credit Balance $ - There will remain unpaid on contract after payment of this Certificate $ 25,922.35 $ 99,440.00 $ 99,440.00 I $ - I An Employee Owned Company Promol4ngjA7irative Action and Equal Opportunity TKDA Engineers- Architects - Planners Saint Paul, Minnesota 55101 PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS Estimate No. 1 Period Ending November 6 , 20 09 Page 1-of 1 Proj. No. 14292.004 Contractor Penn Contracting, Inc. Original Contract Amount $96,890.00 Project 2009. Surface Water Management Projects Location City of Lino Lakes, Minnesota Total Contract Work Completed $ 77,387.00 Total Approved Credits $ 0.00 Total Approved Extra Work Completed $ 0.00 Approved Extra Orders Amount Completed $ 0.00 Total Amount Earned This Estimate $ 77,387.00 Less Approved Credits $ 0.00 Less 5 % Retained $ 3,869.35 Less Previous Payments $ 0.00 Total Deductions $ Amount Due This Estimate $ Contractor Date Penn Contracting, Inc. _ Engineer • Date James E. Studenski, P.E. 3,869.35 73,517.65 //-17 -2-00 7 • • • ESTIMATE NO. 1 2009 SURFACE WATER MANAGEMENT PROJECT CITY OF LINO LAKES, MINNESOTA TKDA PROJECT NO. 14292.004 ITEM NO. DESCRIPTION PERIOD ENDING: November 6, 2009 CONTRACT QUANTITY UNIT AMOUNT UNIT QUANTITY TO DATE PRICE TO DATE PROJECT 1 - ROHAVIC LANE 1 MOBILIZATION LS 1 1.D $ 500.00 $ 500.00 2 ROCK CONSTRUCTION ENTRANCE LS 1 1.0 $ 500.00 $ 500.00 3 CLEAN /OPEN STORM SEWER OUTFALL EA 1 1.0 $ 500.00 $ 500.00 4 CLEAN STORM SEWER PIPE LF 200 0.0 $ 8.00 $ 5 CLEAR AND GRUB TREE (4" DIA OR GREATER) EA 1 7.0 $ 250.0D $ 1,750.00 6 REGRADE DITCH LF 100 84.0 $ 30.00 $ . 2,520.00 7 CLASS III RIPRAP W/ FABRIC CY 5 0.0 $ 150.00 $ 8 EROSION CONTROL BLANKET CATEGORY 3 SY 200 150.0 $ 2.00 $ 300.00 9 SEED / RESTORATION LS 1 1.0 $ 1,000.00 $ 1,000.00 SUBTOTAL PROJECT 1 $ 7,070.00 PROJECT 2 - TOMAHAWK TR AND CHIPPEWA TR DITCH REPAIR 1 MOBILIZATION LS 1 1.0 $ 500.00 $ 500.00 2 CLEAR AND GRUB TREE (4" DIA OR GREATER) EA 20 29.0 $ 200.00 $ 5,800.00 3 COMMON BORROW (FILL OVER PIPE) CY 110 178.0 $ 10.00 $ 1,780.00 4 SALVAGE AND REINSTALL 30" FES EA 1 1.0 $ 1,000.00 $ 1,000.00 5 STORM SEWER MANHOLE, TYPE 409 EA 1 1.0 $ 3,500.00 $ 3,500.00 6 30" RCP STORM SEWER, CLASS 3 LF 48 48.0 $ 100.00 $ 4,800.00 7 TRENCH STABILIZATION ROCK / PIPE BEDDING LF 48 54.0 $ 10.00 $ 540.00 8 CLASS III RIPRAP W/ FABRIC CY 30 30.0 $ 100.0D $ 3,000.00 9 SILT FENCE LF 50 50.0 $ 3.00 $ 150.00 10 TOPSOIL BORROW FOR EXISTING YARD AREA CY 60 15.5 $ 12.00 $ 186.00 11 SOD FOR EXISTING YARD AREA SY 360 0.D $ 4.00 $ 12 SEED / RESTORATION OVER NEW PIPE LS 1 0.0 $ 1,000.00 $ SUBTOTAL PROJECT 2 $ 21,256.00 PROJECT 3 -FAWN LANE EQUALIZER PIPE REPAIR 1 MOBILIZATION LS 1 1.0 $ 500.00 $ 500.00 2 REMOVE BITUMINOUS PAVEMENT SY 90 97.0 $ 3.00 $ 291.00 3 CLEAR AND GRUB TREE (4" DIA OR GREATER) EA 1 1.0 $ 300.00 $ 30D.00 4 REMOVE STORM SEWER PIPE LF 12 20.0 $ 20.00 $ 400.00 5 28" X 18" RCP ARCH SEWER LF 8 8.0 $ 100.00 $ 800.00 6 28" X 18" RCP ARCH FES W/ TRASHGUARD EA 2 2.0 $ 1,000.00 $ 2,000.00 7 PLACE BENTONITE AROUND PIPE (MATERIAL SUPPLIED) LF 16 20.0 $ 20.00 $ 400.00 8 TRENCH STABILIZATION ROCK / PIPE BEDDING LF 20 20.D $ 10.00 $ 200.00 9 AGGREGATE BASE CLASS 5 (6" DEPTH) TN 30 42.0 $ 20.00 $ 840.00 10 BITUMINOUS WEAR COURSE (2" DEPTH) TN 20 0.0 $ 200.00 $ 11 CLASS III RIPRAP W/ FABRIC CY 20 20.0 $ 100.00 $ 2,000.00 12 SEED / RESTORATION LS 1 1.0 $ 800.00 $ 800.00 SUBTOTAL PROJECT 3 $ 8,531.00 PROJECT 4 - WEST SHADOW LAKE DRIVE CROSSING 1 MOBILIZATION LS 1 0.0 $ 500.00 $ 2 CLEAN/OPEN STORM SEWER OUTFALL EA 3 0.0 $ 500.00 $ 3 CLEAN STORM SEWER PIPE LF 400 0.0 $ 8.00 $ 4 CLEAR AND GRUB TREE (4" DIA OR GREATER) EA 3 0.0 $ 200.00 $ 5 REGRADE DITCH LF 250 0.0 $ 25.00 $ 6 EROSION CONTROL BLANKET CATEGORY 3 SY 30D 0.D $ 2.00 $ 7 SPRINKLER REPAIR LS 1 0.0 $ 50.00 $ 8 SOD FOR EXISTING YARD AREA SY 200 0.0 $ 4.00 $ 9 SEED / RESTORATION LS 1 0.0 $ 1,006.00 $ • SUBTOTAL PROJECT 4 $ • -119- ESTIMATE NO. 1 2009 SURFACE WATER MANAGEMENT PROJECT CITY OF LINO LAKES, MINNESOTA TKDA PROJECT NO. 14292.004 ITEM NO. DESCRIPTION PERIOD ENDING: November 6, 2009 CONTRACT QUANTITY UNIT AMOUNT UNIT QUANTITY TO DATE PRICE TO DATE PROJECT 5 - STAGECOACH TRAIL 1 MOBILIZATION LS 1 1.0 $ 500.00 $ 500.00 2 EXCAVATION AND GRADING CY 20 7.0 $ 50.00 $ 350.00 3 4" PE PERFORATED DRAINTILE W/ ROCK AND FABRIC WRAP LF 100 124.0 $ 20.00 $ 2,480.00 4 INSTALL YARD DRAIN BOX EA 1 2.0 $ 1,000.00 $ 2,000.00 5 SPRINKLER REPAIR LS 1 0.0 $ 50.00 $ - 6 SOD FOR EXISTING YARD AREA SY 120 50.0 $ 5.00 $ 250.00 SUBTOTAL PROJECT 5 $ 5,580.00 PROJECT 6 - APOLLO MEADOWS TOWNHOMES 1 MOBILIZATION LS 1 1.0 $ 500.00 $ 500.00 2 SALVAGE AND REINSTALL 15" RCP STORM SEWER LF 56 16.0 $ 20.00 $ 320.00 3 SALVAGE AND REINSTALL 15" FES EA 1 1.0 $ 200.00 $ 200.00 4 CONSTRUCT MH OVER EXISTING 15" STORM SEWER, TYPE 409 EA 1 1.0 $ 3,500.00 $ 3,500.00 5 CLASS III RIPRAP W/ FABRIC CY 15 15.0 $ 100.00 $ 1,500.00 6 SOD FOR EXISTING YARD AREA SY 100 5.0 $ 4.00 $ 20.00 7 EROSION CONTROL BLANKET CATEGORY 3 SY 300 300.0 $ 2.00 $ 600.00 8 SEED / RESTORATION LS 1 1.0 $ 500.00 $ 500.00 SUBTOTAL PROJECT 6 $ 7,140.0D PROJECT 7 - LOIS LANE 1 MOBILIZATION LS 1 1.0 $ 500.00 $ 500.00 2 CLEAR AND GRUB TREE (4" DIA OR GREATER) EA 4 5.0 $ 200.00 $ 1,000.00 3 REMOVE 24" APRON EA 1 1.0 $ 200.00 $ 200.00 4 REMOVE STORM SEWER PIPE LF 16 16.0 $ 20.00 $ 320.0 5 24" RCP FES WITRASHGUARD EA 1 1.0 $ 1,100.00 $ 1,100.00 6 24" RCP STORM SEWER, CLASS 3 LF 16 16.0 $ 80.00 $ 1,280.00 7 CLASS III RIPRAP W/ FABRIC CY 5 5.0 $ 150.00 $ 750.00 8 EROSION CONTROL BLANKET CATEGORY 3 SY 200 180.0 $ 2.00 $ 360.00 9 SEED / RESTORATION LS 1 1.0 $ 500.0D $ 500.00 SUBTOTAL PROJECT 7 $ 6,010.00 PROJECT 8 - BLACKBIRD LANE 1 MOBILIZATION LS 1 1.0 $ 500.00 $ 500.00 2 CLEAN /OPEN STORM SEWER OUTFALL EA - 1 1.0 $ 500.00 $ 500.00 3 CLEAN STORM SEWER PIPE LF 50 0.0 $ 10.00 $ - 4 CLEAR AND GRUB TREE (4" DIA OR GREATER) EA 2 0.0 $ 200.00 $ - 5 REGRADE DITCH LF 30 40.0 $ 30.00 $ 1,200.00 6 SPRINKLER REPAIR LS 1 0.0 $ 50.00 $ - 7 SOD FOR EXISTING YARD AREA SY 75 0.0 $ 5.00 $ - 8 SEED / RESTORATION LS 1 1.0 $ 500.00 $ 500.00 SUBTOTAL PROJECT 8 $ 2,700.00 PROJECT 9 - 62ND STREET 1 MOBILIZATION LS 1 1.0 $ 500.00 $ 500.00 2 CLEAN/OPEN STORM SEWER OUTFALL EA 1 1.0 $ 500.00 $ 500.00 3 CLEAN STORM SEWER PIPE LF 170 0.0 $ 10.00 $ - 4 CLEAR AND GRUB TREE (4" DIA OR GREATER) EA 2 2.0 $ 200.00 $ 400.00 5 REGRADE DITCH LF 75 78.0 $ 25.00 $ 1,950.0D 6 SEED / RESTORATION LS 1 1.0 $ 500.00 $ 500.00 SUBTOTAL PROJECT 9 $ 3,850.00 PROJECT 10 - JAMES STREET 1 MOBILIZATION _ LS 1 1.0 $ 500.00 $ 500.00 2 CLEAN/OPEN STORM SEWER OUTFALL EA 1 1.0 $ 500.00 $ 500.00 3 CLEAN STORM SEWER PIPE LF 70 70.0 $ 10.0D $ 700.00 4 CLEAR AND GRUB TREE (4" DIA OR GREATER) EA 2 2.0 $ 200.00 $ 400.00 5 REGRADE DITCH LF 30 30.0 $ 30.00 $ 900.00 6 SEED / RESTORATION LS 1 1.0 $ 500.0D $ 500.00 SUBTOTAL PROJECT 10 $ _ 3,500.00 -120- ESTIMATE NO. 1 •2009 SURFACE WATER MANAGEMENT PROJECT CITY OF LINO LAKES, MINNESOTA TKDA PROJECT NO. 14292.004 • ITEM NO. DESCRIPTION PERIOD ENDING: November 6, 2009 CONTRACT QUANTITY UNIT AMOUNT UNIT QUANTITY TO DATE PRICE TO DATE PROJECT 11 - DIANE STREET 1 MOBILIZATION LS 1 1.0 $ 500.00 $ 500.00 2 CLEAN /OPEN STORM SEWER OUTFALL EA 1 1.0 $ 500.00 •$ 500.00 3 CLEAN STORM SEWER PIPE LF 50 0.0 $ 10.00 $ - 4 CLEAR AND GRUB TREE (4" DIA OR GREATER) EA 2 2.0 $ 200.00 $ 400.00 5 REGRADE DITCH LF 30 30.0 $ 30.00 $ 900.00 6 SEED / RESTORATION LS 1 1.0 $ 500.00 $ 500.00 SUBTOTAL PROJECT 11 $ 2,800.00 PROJECT 12 - COUNTRY LANE 1 MOBILIZATION LS 1 1.0 $ 500.00 $ 500.00 2 SALVAGE AND REINSTALL SPLIT RAIL FENCE LF 30 10.0 $ 10.00 $ 100.00 3 CLEAN/OPEN STORM SEWER OUTFALL EA 1 _ 1.0 $ 500.00 $ 500.00 4 EXCAVATION AND GRADING CY 15 15.0 $ 70.00 $ 1,050.00 5 CLEAN STORM SEWER PIPE LF 200 0.0 $ 10.00 $ - 6 SEED / RESTORATION LS 1 1.0 $ 500.00 $ 500.00 SUBTOTAL PROJECT 12 $ 2,650.00 SUBTOTAL ESTIMATE NO. 1 $ 71,087.00 CHANGE ORDER NO. 1 PROJECT 4 - WEST SHADOW LAKE DRIVE CROSSING 2 CLEAN/OPEN STORM SEWER OUTFALL EA 1 0.0 $ (500.00) $ 5 REGRADE DITCH LF 150 0.0 $ (25.00) $ SUBTOTAL PROJECT 4 $ PROJECT 6 - APOLLO MEADOWS TOWNHOMES 9 CLEAR AND GRUB TREE (4" DIA OR GREATER) EA 2 2.0 $ 200.00 $ 400.00 10 COMMON BORROW .(FILL OVER PIPE) CY 48 48.0 $ 10.00 $ 480.00 SUBTOTAL PROJECT 6 $ 880.00 PROJECT 7 - LOIS LANE 10 CLEAN STORM SEWER PIPE SUBTOTAL PROJECT 7 PROJECT 8 - BLACKBIRD LANE 9 EROSION CONTROL BLANKET CATEGORY 3 SUBTOTAL PROJECT 8 LF 50 0.0 $ 10.0D $ $ SY 60 60.0 $ 2.00 $ 120.00 $ 120.00 PROJECT 10 - JAMES STREET 7 CLASS III RIPRAP W/ FABRIC CY 2 2.0 $ 150.00 $ 300.00 SUBTOTAL PROJECT 10 $ 300.00 PROJECT 13 - BIRCH STREET TRENCH DRAIN 1 INSTALL TRENCH DRAIN IN CONCRETE LS 2 CLASS II RIPRAP W/ FABRIC CY SUBTOTAL PROJECT 13 SUBTOTAL CHANGE ORDER NO. 1 1 5 1.0 $ 4,500.00 $ 4,500.00 5.0 $ 100.00 $ 500.0D $ 5,000.00 • $ 6,300.00 TOTAL ESTIMATE NO.1 $ 77,387.00 -121-