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HomeMy WebLinkAbout10-28-2019 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, October 28, 2019 *********** City Council Meeting 6:30 p.m. (Broadcast live: http://northmetrotv.com/local- meetings/lino-lakes/) City Council: Mayor Reinert, Councilmembers Maher, Manthey, Rafferty and Stoesz City Administrator: Jeff Karlson COUNCIL WORK SESSION, 6:00 P.M. Council Chambers (not televised) 1. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M.  Roll Call - Council Members Rafferty, Stoesz, Maher, and Mayor Reinert were present; Council Member Manthey was absent  Pledge of Allegiance  Open Mike / Public Comment - John Humenausky, 989 Lois Lane, expressed concern about rush hour traffic on Lake Drive  Setting the Agenda: Addition or deletion of agenda items The agenda was approved as presented 1. CONSENT AGENDA A) Consideration of Expenditures: i) October 28, 2019 (Check No. 111105 through 111208) in the Amount of $877,959.40 B) Consider Approval of October 7, 2019 Work Session Minutes C) Consider Approval of October 14, 2019 Council Meeting Minutes D) Consider Approval of October 14, 2019 Closed Council Session Minutes E) Consider Approval of an Application for Exempt Permit for St. Joseph of the Lakes Turkey Bingo. F) Consider Approval of an Application for exempt Permit for St. Joseph of the Lakes Scholarship Raffle. G) Consider Resolution No. 19-139, Authorizing the Certification of Delinquent Water and Sewer Utility Charges for Collection with 2019 Property Taxes Payable in 2020 Action Taken: Motion by Rafferty, seconded by Maher, to approve Consent Agenda Items 1A through 1G as presented was adopted Council Agenda -2- October 28, 2019 2. FINANCE DEPARTMENT None 3. ADMINISTRATION DEPARTMENT A) Consider First Reading of Ordinance No. 01-19, Enacting Small Wireless Facility Standards, Jeff Karlson Action Taken: Motion by Maher, seconded by Stoesz, to approve the 1st Reading of Ordinance No. 01-19, as presented was adopted B) Consider Appointment of Environmental Coordinator, Karissa Bartholomew Action Taken: Motion by Maher, seconded by Stoesz, to approve the appointment of Andrew Nelson as recommended, was adopted C) Consider Appointment of Police Officer, Karissa Bartholomew Action Taken: Motion by Maher seconded by Rafferty, to approve the appointment of Matthew Carlson as recommended, was adopted 4. PUBLIC SAFETY DEPARTMENT A) Consider Sale of Fire Pagers, John Swenson Action Taken: Motion by Maher, seconded by Rafferty, to approve the sale as requested, was adopted 5. PUBLIC SERVICES DEPARTMENT None 6. COMMUNITY DEVELOPMENT DEPARTMENT A) Consider Second Reading of Ordinance No. 09-19 Rezoning Property from GB, General Business to LI, Light Industrial for Direct Bore, Inc. (502 & 510 Lilac Street), Katie Larsen Action Taken: Motion by Maher, seconded by Rafferty, to approve the 2nd Reading and adoption of Ordinance No. 09-19 as presented was adopted; Yeas, 4; Nays none (Absent – Manthey) B) Watermark 2nd Addition, Katie Larsen i. Consider Resolution No. 19-137 Approving PUD Final Plan/Final Plat ii. Consider Resolution No. 19-138 Approving Development Agreement Action Taken: Motion by Maher, seconded by Stoesz, approve Resolution No. 19-137 as presented was adopted Action Taken: Motion by Stoesz, seconded by Rafferty, to approve Resolution No. 19-138 as presented was adopted C) Consider Resolution No. 19-140 Accepting and Approving the Grant Agreement between the City of Lino Lakes and the Metropolitan Council of Environmental Council Agenda -3- October 28, 2019 Services for the Improvement of Publically Owned Infrastructure and Approving Certificate of Real Property, Diane Hankee Action Taken: Motion by Maher, seconded by Rafferty, to approve Resolution No 19-140 as presented, was adopted D) Consider Resolution No. 19-141, Adopting Assessments, 2019 Individual Properties, Diane Hankee Action Taken: Motion by Maher, seconded by Stoesz, to approve Resolution No 19-141 as presented, was adopted E) Consider Resolution No. 19-142, Adopting Assessments, Eastside Villas, Diane Hankee Action Taken: Motion by Maher, seconded by Stoesz, to approve Resolution No 19-142 as presented, was adopted F) Consider Resolution No. 19-143, Adopting Assessments, Watermark 1st Addition, Diane Hankee Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Resolution No 19-143 as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Motion by Maher, seconded by Stoesz, to adjourn at 7:15 p.m., was adopted Community Calendar – A Look Ahead October 28, 2019 through November 12, 2019 Monday, November 4 6:00 pm, Community Room Council Work Session Tuesday, November 5 7:00 am to 8:00 pm Election Day Tuesday, November 12 6:25 pm, Council Chambers Municipal Canvassing Bd Tuesday, November 12 6:00 pm, Community Room Council Work Session Tuesday, November 12 6:30 pm, Council Chambers City Council Meeting Updated 10/25/2019 CITY COUNCIL AGENDA Monday, October 28, 2019 *********** City Council Meeting 6:30 p.m. (Broadcast live: http://northmetrotv.com/local- meetings/lino-lakes/) City Council: Mayor Reinert, Councilmembers Maher, Manthey, Rafferty and Stoesz City Administrator: Jeff Karlson COUNCIL WORK SESSION, 6:00 P.M. Council Chambers (not televised) 1. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call  Pledge of Allegiance  Open Mike / Public Comment  Setting the Agenda: Addition or Deletion of Agenda Items 1. CONSENT AGENDA A) Consideration of Expenditures: i) October 28, 2019 (Check No. 111105 through 111208) in the Amount of $877,959.40 B) Consider Approval of October 7, 2019 Work Session Minutes C) Consider Approval of October 14, 2019 Council Meeting Minutes D) Consider Approval of October 14, 2019 Closed Council Session Minutes E) Consider Approval of an Application for Exempt Permit for St. Joseph of the Lakes Turkey Bingo. F) Consider Approval of an Application for exempt Permit for St. Joseph of the Lakes Scholarship Raffle. G) Consider Resolution No. 19-139, Authorizing the Certification of Delinquent Water and Sewer Utility Charges for Collection with 2019 Property Taxes Payable in 2020 2. FINANCE DEPARTMENT None 3. ADMINISTRATION DEPARTMENT A) Consider First Reading of Ordinance No. 01-19, Enacting Small Wireless Facility Standards, Jeff Karlson Council Agenda -2- October 28, 2019 B) Consider Appointment of Environmental Coordinator, Karissa Bartholomew C) Consider Appointment of Police Officer, Karissa Bartholomew 4. PUBLIC SAFETY DEPARTMENT A) Consider Sale of Fire Pagers, John Swenson 5. PUBLIC SERVICES DEPARTMENT None 6. COMMUNITY DEVELOPMENT DEPARTMENT A) Consider Second Reading of Ordinance No. 09-19 Rezoning Property from GB, General Business to LI, Light Industrial for Direct Bore, Inc. (502 & 510 Lilac Street), Katie Larsen *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance B) Watermark 2nd Addition, Katie Larsen i. Consider Resolution No. 19-137 Approving PUD Final Plan/Final Plat ii. Consider Resolution No. 19-138 Approving Development Agreement C) Consider Resolution No. 19-140 Accepting and Approving the Grant Agreement between the City of Lino Lakes and the Metropolitan Council of Environmental Services for the Improvement of Publically Owned Infrastructure and Approving Certificate of Real Property, Diane Hankee D) Consider Resolution No. 19-141, Adopting Assessments, 2019 Individual Properties, Diane Hankee E) Consider Resolution No. 19-142, Adopting Assessments, Eastside Villas, Diane Hankee F) Consider Resolution No. 19-143, Adopting Assessments, Watermark 1st Addition, Diane Hankee 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar – A Look Ahead October 28, 2019 through November 12, 2019 Monday, November 4 6:00 pm, Community Room Council Work Session Tuesday, November 5 7:00 am to 8:00 pm Election Day Tuesday, November 12 6:25 pm, Council Chambers Municipal Canvassing Bd Tuesday, November 12 6:00 pm, Community Room Council Work Session Tuesday, November 12 6:30 pm, Council Chambers City Council Meeting Expenditures October 28, 2019 Check #111105 to #111208 $877,959.40 City of Lino Lakes Activity Codes Code Description Code Description 401 Mayor/Council 817 Spring Fling 402 Administration 818 Winter Festival 403 Elections 819 Community Gardens 404 Cable TV 822 Family Corn Roast 405 Charter Administration 827 Gobbler Games 407 Finance 830 Adult Golf Lessons 414 Legal Consultants 835 Youth Skating Class 415 Economic Development 850 Golf Academy 416 Planning & Zoning 856 Youth Soccer 417 Engineering 857 Soccer Fundamentals 418 Community Development 860 Secret Shop 420 Police Protection 864 Preschool Playtime 421 Fire Protection 868 Little Goblins Party 422 Building Inspections 871 Flag Football 430 Streets 875 Snow Day 431 Fleet Management 876 Kite Day 432 Government Buildings 877 Rockin' in the Park 450 Parks 879 Movies in the Park 451 Recreation 890 Senior Programs 461 Environmental 462 Solid Waste Abatement 463 Forestry 494 Water 495 Sanitary Sewer 499 Other 802 Dodgeball Camp 806 Youth T-Ball 808 Youth Baseball Camp 810 Youth Playground 811 Youth Safety Camp 812 Youth Art Camps 814 Senior Programs/Book Club AP Checks by Account Number 10/28/2019 City Council Meeting Vendor Fund/Dept Account Amount Check #Description Central Pension Fund 101-000 101-000-2040-000 3,840.00 111105 October Central Pension Fund NCPERS Group Life Insurance 101-000 101-000-2040-000 288.00 111106 November Life Insurance Premiums Met Council Environmental Services (SAC) 101-000 101-000-2120-000 14,910.00 111163 September 2019 SAC Met Council Environmental Services (SAC) 101-000 101-000-3414-000 -149.10 111163 September 2019 SAC 101-000 Total 18,888.90 Press Publications Inc. 101-401 101-401-4340-000 28.20 111184 Notice of Special City Council Work Session U.S. Bank Visa 101-401 101-401-4900-000 100.00 111201 MN Friend of the Orphans NPH/Donation in lieu of flowers U.S. Bank Visa 101-401 101-401-4900-000 25.01 111201 Target/Sympathy Cards 101-401 Total 153.21 Abrams & Schmidt LLC 101-402 101-402-4300-000 1,147.50 111108 Legal Services U.S. Bank Visa 101-402 101-402-4330-000 25.00 111201 Roseville Area Optimist Club/September meeting J. Karlson U.S. Bank Visa 101-402 101-402-4330-000 14.55 111201 Amazon/Leadership Book Business Data Record Services 101-402 101-402-4410-000 20.10 111120 Document Destruction TASC - Client Invoices 101-402 101-402-4410-000 97.65 111197 September Admin Fees 101-402 Total 1,304.80 U.S. Bank Visa 101-403 101-403-4200-000 14.99 111201 Amazon/Table Lamp for Absentee Voting U.S. Bank Visa 101-403 101-403-4200-000 14.99 111201 Amazon/Table Lamp for Absentee Voting U.S. Bank Visa 101-403 101-403-4200-000 38.07 111201 Costco/Election Supplies for Precincts 101-403 Total 68.05 City of Roseville 101-407 101-407-4310-000 11,657.00 111125 October IT Services U.S. Bank Visa 101-407 101-407-4330-000 60.00 111201 MNGFOA/Accounting Classes T.Thoma U.S. Bank Visa 101-407 101-407-4330-000 408.39 111201 Arrowwood Resort/MNGFOA Conference Lodging S. Cotton U.S. Bank Visa 101-407 101-407-4452-000 102.00 111201 MN Board od Accountancy/CPA License Renewal 101-407 Total 12,227.39 GDO Law 101-414 101-414-4303-000 8,500.00 111144 September Legal Prosecutor Contract GDO Law 101-414 101-414-4303-000 199.50 111144 Legal Forfeitures 101-414 Total 8,699.50 WSB & Associates Inc. 101-415 101-415-4300-000 2,326.75 111204 August NE Tech Corridor 101-415 Total 2,326.75 Larsen Katie 101-416 101-416-4330-000 255.55 111156 2019 MN Planning Conference Lodging Larsen Katie 101-416 101-416-4330-000 300.00 111156 2019 MN Planning Conference Registration U.S. Bank Visa 101-416 101-416-4330-000 58.00 111201 Sensible Land Use Coalition/Seminar K. Larsen Evenson Neil 101-416 101-416-4331-000 225.00 111137 3rd Quarter Planning & Zoning Board Laden Perry 101-416 101-416-4331-000 225.00 111155 3rd Quarter Planning & Zoning Board Peacock Susan C.101-416 101-416-4331-000 225.00 111180 3rd Quarter Planning & Zoning Board Root Michael 101-416 101-416-4331-000 225.00 111188 3rd Quarter Planning & Zoning Board Ruhland Michael S.101-416 101-416-4331-000 225.00 111189 3rd Quarter Planning & Zoning Board Stimpson Jeremiah 101-416 101-416-4331-000 225.00 111195 3rd Quarter Planning & Zoning Board Tralle Paul 101-416 101-416-4331-000 200.00 111199 3rd Quarter Planning & Zoning Board 101-416 Total 2,163.55 WSB & Associates Inc. 101-417 101-417-4300-000 468.00 111204 August Fire Station Mitigation Monitoring WSB & Associates Inc. 101-417 101-417-4300-000 1,987.50 111204 August 2019 Private Utility Permits WSB & Associates Inc. 101-417 101-417-4300-000 512.50 111204 August GPS/GIS Miscellaneous Assistance WSB & Associates Inc. 101-417 101-417-4410-000 5,180.00 111204 August 2019 General Engineering Services 101-417 Total 8,148.00 U.S. Bank Visa 101-418 101-418-4330-000 330.00 111201 MN-American Planning Association/Conference Registration U.S. Bank Visa 101-418 101-418-4330-000 58.00 111201 Sensible Land Use Coalition/Seminar M. Grochala U.S. Bank Visa 101-418 101-418-4330-000 127.78 111201 BreezyPoint Resort/MN American Planning Association Conference 101-418 Total 515.78 U.S. Bank Visa 101-420 101-420-4200-000 98.96 111201 Vistaprint/Business Cards Lynn Peavey Company 101-420 101-420-4211-000 75.45 111158 Drug Test Kit Menards - Blaine 101-420 101-420-4211-000 62.86 111160 22-3/16'X23-3/4" Wire Menards - Forest Lake 101-420 101-420-4211-000 46.90 111161 Fire Stations Supplies Menards - Forest Lake 101-420 101-420-4211-000 477.48 111161 Racking Beam End Frame & Wire Schirmers Chad 101-420 101-420-4211-000 15.00 111191 Out of Town Background Investigation U.S. Bank Visa 101-420 101-420-4211-000 324.41 111201 Amazon/Nasal Airway Kits & Blood Pressure Monitors U.S. Bank Visa 101-420 101-420-4211-000 73.00 111201 S2 Threat Detection/Field Test Kits U.S. Bank Visa 101-420 101-420-4211-000 86.11 111201 Uline/Evidence Narcotics Destruction Pails U.S. Bank Visa 101-420 101-420-4211-000 9.64 111201 Dollar Tree/Medical Supply Room Organizers U.S. Bank Visa 101-420 101-420-4211-000 185.81 111201 Amazon/Medical Supplies for Patrol U.S. Bank Visa 101-420 101-420-4240-000 14.24 111201 Amazon/Car Phone Holder Page 1 AP Checks by Account Number 10/28/2019 City Council Meeting Vendor Fund/Dept Account Amount Check #Description U.S. Bank Visa 101-420 101-420-4240-000 11.49 111201 Amazon/Surge Protector Replacement U.S. Bank Visa 101-420 101-420-4321-000 1,494.31 111201 Verizon Wireless City of St. Paul 101-420 101-420-4330-000 190.00 111127 Training Classes MHSRC/Range 101-420 101-420-4330-000 850.00 111165 Class V. Klosner & J. Mclntosh Aspen Mills Inc. 101-420 101-420-4370-000 109.68 111115 Uniform Allowance P. Noll U.S. Bank Visa 101-420 101-420-4370-000 95.98 111201 Amazon/Uniform Allowance - V. Klosner U.S. Bank Visa 101-420 101-420-4370-000 229.10 111201 Amazon/Uniform Allowance - A. Halverson & J. Mclntosh Connexus Energy 101-420 101-420-4381-000 30.35 111129 Electric U.S. Bank Visa 101-420 101-420-4386-000 80.45 111201 Patch&Plaques/Recognition Block Aid Electric Corporation 101-420 101-420-4410-000 552.37 111111 Troubleshoot/Repair Civil Sirens Business Data Record Services 101-420 101-420-4410-000 60.30 111120 Document Destruction Metro Sales Incorporated 101-420 101-420-4410-000 54.19 111164 Copier Maintenance Contract Ricoh MP 4001SP Otter Lake Animal Care Center 101-420 101-420-4410-000 133.00 111178 Boarding 101-420 Total 5,361.08 Fire Safety Education 101-421 101-421-4214-000 750.00 111139 Children's Fire Hats & Badges U.S. Bank Visa 101-421 101-421-4321-000 130.37 111201 Verizon Wireless Emergency Apparatus Maintenance 101-421 101-421-4410-000 265.00 111135 #610 Tanker T-11 NFPA Pump Test Emergency Apparatus Maintenance 101-421 101-421-4410-000 265.00 111135 #609 Tanker T-21 NFPA Pump Test 101-421 Total 1,410.37 U.S. Bank Visa 101-422 101-422-4200-000 9.79 111201 Amazon/Binder Clips U.S. Bank Visa 101-422 101-422-4200-000 -9.79 111201 Amazon/Binder Clips Return U.S. Bank Visa 101-422 101-422-4240-000 51.90 111201 Amazon/Tape Measures for Building Department U.S. Bank Visa 101-422 101-422-4240-000 36.48 111201 Amazon/Flashlights U.S. Bank Visa 101-422 101-422-4321-000 156.03 111201 Verizon Wireless U.S. Bank Visa 101-422 101-422-4330-000 255.00 111201 MN Dept. of Labor and Industry/Seminar for Building Inspectors U.S. Bank Visa 101-422 101-422-4330-000 530.00 111201 University of Minnesota/Continuing ED for ISTS License U.S. Bank Visa 101-422 101-422-4370-000 81.99 111201 Amazon/Uniform Allowance B. Finke 101-422 Total 1,111.40 Safe-Fast Inc. 101-430 101-430-4211-000 143.15 111190 First Aid Refill Kit City of St. Paul 101-430 101-430-4224-000 6,318.46 111127 Asphalt Mix Bryan Rock Products Inc. 101-430 101-430-4229-000 2,040.41 111119 Class 5 Gravel U.S. Bank Visa 101-430 101-430-4321-000 54.89 111201 Verizon Wireless U.S. Bank Visa 101-430 101-430-4330-000 60.00 111201 Paypal/Minnesota Fall Expo C. Miller & R. Boldt U.S. Bank Visa 101-430 101-430-4330-000 60.00 111201 Paypal/Minnesota Fall Expo T.Meckle & S. Pounstone CenturyLink 101-430 101-430-4385-000 56.22 111206 Phone - Civic Complex Fire Proteciton Equipment Connexus Energy 101-430 101-430-4385-000 1,415.46 111129 Electric Olson's Sewer Service Inc. 101-430 101-430-4410-000 2,774.12 111176 Excavation Work on 818 Orange Street Roadkill Animal Control 101-430 101-430-4410-000 186.00 111187 Replace Check #109873 January Dead Deer Removal 101-430 Total 13,108.71 Mansfield Oil Company 101-431 101-431-4212-000 1,769.91 111159 Diesel Mansfield Oil Company 101-431 101-431-4212-000 4,631.65 111159 Gasoline U.S. Bank Visa 101-431 101-431-4212-000 59.01 111201 Bill's Superette/Non-Oxy Fuel for Small Engine Equip. Factory Motor Parts Company 101-431 101-431-4221-000 105.69 111138 #402 Rear Suspension & Oil Gasket Factory Motor Parts Company 101-431 101-431-4221-000 28.50 111138 #382 Valve Asy Factory Motor Parts Company 101-431 101-431-4221-000 65.81 111138 #505 Brake Lining Kit Factory Motor Parts Company 101-431 101-431-4221-000 56.82 111138 #402 Heated Oxygen Frontier Ag & Turf 101-431 101-431-4221-000 74.49 111143 #140 Filter Frontier Ag & Turf 101-431 101-431-4221-000 41.94 111143 #135 O-Ring Minnesota Equipment 101-431 101-431-4221-000 27.92 111167 #135 O-Ring O'Reilly Automotive Stores 101-431 101-431-4221-000 27.31 111177 Stock Oil & Fuel Filters O'Reilly Automotive Stores 101-431 101-431-4221-000 52.33 111177 Stock Oil Filters O'Reilly Automotive Stores 101-431 101-431-4221-000 12.71 111177 Stock Oil Filters Pomp's Tire Service Inc. 101-431 101-431-4221-000 1,224.48 111183 #403 & #503 Tires Pomp's Tire Service Inc. 101-431 101-431-4221-000 2,590.20 111183 20 Police SUV Tires - Stock U.S. Bank Visa 101-431 101-431-4221-000 639.02 111201 Amazon/ #506 Air Helper Spring Kit U.S. Bank Visa 101-431 101-431-4221-000 136.35 111201 Marathon Industries/Tires for Portable Welder U.S. Bank Visa 101-431 101-431-4221-000 7.99 111201 Amazon/Fuses Ziegler Inc. 101-431 101-431-4221-000 54.32 111205 #251 Hose & Sleeve U.S. Bank Visa 101-431 101-431-4240-000 107.52 111201 Zoro.com/Sockets & Screwdriver Set U.S. Bank Visa 101-431 101-431-4240-000 22.99 111201 Amazon/Chainsaw Blades Sharpener U.S. Bank Visa 101-431 101-431-4240-000 89.99 111201 Amazon/Underhood Work Light Page 2 AP Checks by Account Number 10/28/2019 City Council Meeting Vendor Fund/Dept Account Amount Check #Description U.S. Bank Visa 101-431 101-431-4240-000 215.96 111201 Ebay/Milwaukee 18v Batteries for Cordless Power Tools U.S. Bank Visa 101-431 101-431-4240-000 357.34 111201 Zoro.com/Ridgid Bench Vise U.S. Bank Visa 101-431 101-431-4240-000 164.70 111201 ISC Sales/Pneumatic Tools Parts U.S. Bank Visa 101-431 101-431-4240-000 37.95 111201 Amazon/LED Light Head Kit U.S. Bank Visa 101-431 101-431-4240-000 444.75 111201 Snap-on/Ratchets & Extensions U.S. Bank Visa 101-431 101-431-4240-000 72.56 111201 Amazon/L-Key Sets U.S. Bank Visa 101-431 101-431-4240-000 302.95 111201 Zoro.com/Hose Reel Replacement Pomp's Tire Service Inc. 101-431 101-431-4300-000 57.00 111183 #200 Repair Pomp's Tire Service Inc. 101-431 101-431-4300-000 203.25 111183 #218 Tire Repair Pomp's Tire Service Inc. 101-431 101-431-4300-000 156.00 111183 #224 Repair Twin Cities Transport & Recovery 101-431 101-431-4300-000 300.00 111200 #218 Heavy Duty Tow U.S. Bank Visa 101-431 101-431-4330-000 30.00 111201 Paypal/Minnesota Fall Expo B. Olander Emergency Apparatus Maintenance 101-431 101-431-4410-000 417.51 111135 #610 Tanker T-11 Service Emergency Apparatus Maintenance 101-431 101-431-4410-000 425.79 111135 #609 Tanker T-21 Service Emergency Apparatus Maintenance 101-431 101-431-4410-000 3,229.90 111135 #609 Tanker T-21 Repair Emergency Apparatus Maintenance 101-431 101-431-4410-000 663.66 111135 #610 Tanker T-11 Repair 101-431 Total 18,906.27 Crown Marking Inc. 101-432 101-432-4200-000 13.72 111132 Name Plate K. Christofferson Innovative Office Solutions LLC 101-432 101-432-4200-000 295.58 111151 Office Supplies U.S. Bank Visa 101-432 101-432-4200-000 28.91 111201 Vistaprint/Buisness Cards B. Hronski & K. Larsen U.S. Bank Visa 101-432 101-432-4200-000 445.50 111201 Varidesk/Standing Work Station K. Schmidt U.S. Bank Visa 101-432 101-432-4200-000 43.20 111201 Amazon/Rubbermaid Recycle Containers & Cans U.S. Bank Visa 101-432 101-432-4200-000 27.99 111201 Amazon/12 Rolls Dymo Labels U.S. Bank Visa 101-432 101-432-4200-000 32.63 111201 Amazon/Rulers for the Community Development Department U.S. Bank Visa 101-432 101-432-4200-000 56.24 111201 Amazon/Cannon Document Rollers for Scanner U.S. Bank Visa 101-432 101-432-4200-000 8.99 111201 Costco/Napkins for City Hall U.S. Bank Visa 101-432 101-432-4200-000 38.49 111201 Amazon/Rubbermaid Recycle Containers & Cans U.S. Bank Visa 101-432 101-432-4200-000 28.79 111201 Amazon/Thermal Laminating Pouches for Parks & Rec. U.S. Bank Visa 101-432 101-432-4211-000 125.45 111201 Home Depot/Paint & Supplies for Senior Center U.S. Bank Visa 101-432 101-432-4211-000 71.52 111201 Walmart/Cleaning Supplies & Storage Bins for Senior Center Menards - Forest Lake 101-432 101-432-4211-500 35.42 111161 Supplies Menards - Forest Lake 101-432 101-432-4211-500 58.54 111161 Supplies U.S. Bank Visa 101-432 101-432-4211-500 209.70 111201 Home Depot/Shop Lights Winnick Supply Inc. 101-432 101-432-4211-500 62.86 111203 Commercial Sink Drain U.S. Bank Visa 101-432 101-432-4211-501 178.49 111201 Eley/Hose Reels for Fire Station #1 U.S. Bank Visa 101-432 101-432-4211-501 178.49 111201 Eley/Hose Reels for Fire Station #1 U.S. Bank Visa 101-432 101-432-4211-501 125.96 111201 Amazon/Hose for Fire Station #1 Menards - Forest Lake 101-432 101-432-4211-502 29.74 111161 Supplies U.S. Bank Visa 101-432 101-432-4211-503 162.79 111201 Zoro.com/Pressure Washer Hose Reel for PD U.S. Bank Visa 101-432 101-432-4211-503 344.65 111201 PumpProducts/ Pump & Supplies Olson's Sewer Service Inc. 101-432 101-432-4300-500 380.25 111176 1189 Main Street Drain Line/Trap NAC Mechanical & Electrical 101-432 101-432-4300-503 6,774.69 111171 Fan Repair U.S. Bank Visa 101-432 101-432-4300-503 300.00 111201 Twin City Powdercoating/Bike Rack for City Hall City of Roseville 101-432 101-432-4321-000 1,501.00 111125 October Phone Services TDS Metrocom MN 101-432 101-432-4321-000 246.83 111107 Phone Service TDS Metrocom MN 101-432 101-432-4321-000 251.80 111107 Phone Service Comcast 101-432 101-432-4321-502 317.99 111128 October Phone & Internet NeoFunds by Neopost 101-432 101-432-4322-000 500.00 111207 Postage Machine Postage Connexus Energy 101-432 101-432-4381-500 1,064.54 111129 Electric CenterPoint Energy 101-432 101-432-4383-500 28.30 111122 Natural Gas-1189 Main Street CenterPoint Energy 101-432 101-432-4383-500 21.46 111122 Natural Gas-1189 Main Street CenterPoint Energy 101-432 101-432-4383-500 25.56 111122 Natural Gas-1187 Main Street CenterPoint Energy 101-432 101-432-4383-501 37.66 111122 Natural Gas-7741 Lake Drive CenterPoint Energy 101-432 101-432-4383-502 114.13 111122 Natural Gas-1710 Birch Street Centennial Utilities 101-432 101-432-4383-503 711.98 111121 Natural Gas-600 Town Center Pkwy Ace Solid Waste Inc. 101-432 101-432-4384-500 53.00 111208 Commingle Recycling 1189 Main Street Ace Solid Waste Inc. 101-432 101-432-4384-500 320.73 111110 Trash & Recycling - 1189 Main Street Ace Solid Waste Inc. 101-432 101-432-4384-501 0.00 111208 Can Recycling Fire Station #1 Ace Solid Waste Inc. 101-432 101-432-4384-501 71.34 111110 Trash & Recycling - 7741 Lake Drive Ace Solid Waste Inc. 101-432 101-432-4384-502 0.00 111208 Can Recycling Fire Station #2 Ace Solid Waste Inc. 101-432 101-432-4384-502 132.71 111110 Trash & Recycling - 1710 Birch Street Page 3 AP Checks by Account Number 10/28/2019 City Council Meeting Vendor Fund/Dept Account Amount Check #Description Ace Solid Waste Inc. 101-432 101-432-4384-503 388.77 111110 Trash & Recycling - 640 Town Center Pkwy Republic Services #894 101-432 101-432-4384-503 100.56 111186 October Organic Recycling City Hall Coverall of the Twin Cities 101-432 101-432-4410-500 749.00 111130 October Commercial Cleaning Services AmeriPride Services Inc. 101-432 101-432-4410-501 136.99 111112 Mats Coverall of the Twin Cities 101-432 101-432-4410-501 280.00 111130 October Commercial Cleaning Services AmeriPride Services Inc. 101-432 101-432-4410-502 157.46 111112 Mats Coverall of the Twin Cities 101-432 101-432-4410-502 362.00 111130 October Commercial Cleaning Services CES Imaging 101-432 101-432-4410-503 14.95 111123 Plotter/Scanner Supply Shipping CES Imaging 101-432 101-432-4410-503 95.00 111123 October Plotter/Scanner Maintenance Coverall of the Twin Cities 101-432 101-432-4410-503 2,292.00 111130 October Commercial Cleaning Services Coverall of the Twin Cities 101-432 101-432-4410-503 1,094.00 111130 October Commercial Cleaning Services Metro Sales Incorporated 101-432 101-432-4410-503 417.47 111164 Copier Maintenance Contract Ricoh MP 6002SP & C3504 MN Department of Labor & Industry 101-432 101-432-4452-000 10.00 111170 Boiler 101-432 Total 21,555.82 Playpower LT Farmington Inc. 101-450 101-450-4211-000 1,120.32 111182 Maintenance Supplies U.S. Bank Visa 101-450 101-450-4211-000 200.00 111201 Co-Line/Locks & Handles U.S. Bank Visa 101-450 101-450-4211-000 1,300.64 111201 Dog Waste Depot/Roll Bags & Can Liners U.S. Bank Visa 101-450 101-450-4211-000 84.57 111201 Home Depot/Misc. Supplies U.S. Bank Visa 101-450 101-450-4321-000 94.90 111201 Verizon Wireless Gooder Clark J.101-450 101-450-4331-000 75.00 111146 3rd Quarter Park Board Haworth Abby 101-450 101-450-4331-000 75.00 111149 3rd Quarter Park Board Jensen Richard 101-450 101-450-4331-000 75.00 111152 3rd Quarter Park Board Levi Andrew 101-450 101-450-4331-000 75.00 111157 3rd Quarter Park Board Nordlund John 101-450 101-450-4331-000 75.00 111174 3rd Quarter Park Board Connexus Energy 101-450 101-450-4381-000 67.35 111129 Electric Centennial Utilities 101-450 101-450-4383-000 28.40 111121 Natural Gas-6918 Sunrise Centennial Utilities 101-450 101-450-4383-000 27.29 111121 Natural Gas-6811 Lake Drive Centennial Utilities 101-450 101-450-4383-000 18.72 111121 Natural Gas-7204 Lake Drive CenterPoint Energy 101-450 101-450-4383-000 15.00 111122 Natural Gas-6520 Pheasant Run CenterPoint Energy 101-450 101-450-4383-000 18.46 111122 Natural Gas-1179 Main Street Ace Solid Waste Inc. 101-450 101-450-4384-000 207.91 111110 Trash & Recycling - Sunrise Park Bailey Nurseries Inc. 101-450 101-450-4410-000 500.00 111116 Trees Philip's Tree Care 101-450 101-450-4410-000 1,303.31 111181 Trees Treatment Craig Severson Construction 101-450 101-450-5000-000 6,820.00 111131 Paint Partial Siding & Posts 101-450 Total 12,181.87 U.S. Bank Visa 101-451 101-451-4330-000 20.00 111201 Quad Aream Chamber of Commerce/October Lunch & Learn 101-451 Total 20.00 U.S. Bank Visa 101-461 101-461-4321-000 47.98 111201 Verizon Wireless Andrzejewski Paula 101-461 101-461-4331-000 150.00 111113 3rd Quarter Environmental Board Stipend Flower Eric 101-461 101-461-4331-000 225.00 111140 3rd Quarter Environmental Board Stipend Holmes Shawn C.101-461 101-461-4331-000 225.00 111150 3rd Quarter Environmental Board Stipend Kaufenberg Elizabeth F.101-461 101-461-4331-000 225.00 111153 3rd Quarter Environmental Board Stipend Nelson Wendy 101-461 101-461-4331-000 150.00 111172 3rd Quarter Environmental Board Stipend Schwartz Alexander P.101-461 101-461-4331-000 150.00 111192 3rd Quarter Environmental Board Stipend Sullivan John E.101-461 101-461-4331-000 300.00 111196 3rd Quarter Environmental Board Stipend 101-461 Total 1,472.98 Ace Solid Waste Inc. 101-462 101-462-4410-000 245.76 111110 Organic Recycling - Marshan Park Ace Solid Waste Inc. 101-462 101-462-4410-000 80.35 111110 Organic Recycling - Clearwater Creek Ace Solid Waste Inc. 101-462 101-462-4410-000 165.56 111110 Organic Recycling - Birch Park U.S. Bank Visa 101-462 101-462-4410-000 -236.01 111201 Subway & Custom Ink Refund 101-462 Total 255.66 Bailey Nurseries Inc. 101-463 101-463-4410-000 500.00 111116 Trees 101-463 Total 500.00 Francis Linda 201-000 201-000-3810-814 50.00 111142 Replace Check #109914 Refund Senior Center Room Reservation MN Department of Commerce 201-000 201-000-3810-819 15.00 111168 Replace Check #107134 to Craig Wills MN Department of Commerce 201-000 201-000-3810-871 12.50 111168 Replace Check #106870 to Rachel LeTourneau 201-000 Total 77.50 U.S. Bank Visa 201-205 201-205-4211-814 -2.83 111201 Barnes&Noble/Tax Refund U.S. Bank Visa 201-205 201-205-4211-890 108.00 111201 Charles A. Lindbergh Site/Senior Trip 201-205 Total 105.17 U.S. Bank Visa 201-207 201-207-4211-871 195.80 111201 Xtreme Custom Apparel/Flag Football T-shirts Page 4 AP Checks by Account Number 10/28/2019 City Council Meeting Vendor Fund/Dept Account Amount Check #Description 201-207 Total 195.80 Sports Star Photography 201-208 201-208-4211-856 1,670.00 111193 Fall Soccer Team Pictures 201-208 Total 1,670.00 Bradley Law LLC 204-499 204-499-4301-000 1,118.75 111118 Small Cell Ordinance Legal Fees 204-499 Total 1,118.75 Q3 Contracting 205-497 205-497-4300-000 795.00 111185 Road Closure Signs for BHD 205-497 Total 795.00 Anoka County Attorney's Office 207-420 207-420-4300-000 20.80 111114 Forfeiture Distribution ICR #17-181887 Anoka County Attorney's Office 207-420 207-420-4300-000 160.00 111114 Forfeiture Distribution ICR #19-062210 Anoka County Attorney's Office 207-420 207-420-4300-000 1,240.60 111114 Forfeiture Distribution ICR #17-020589 Anoka County Attorney's Office 207-420 207-420-4300-000 113.00 111114 Forfeiture Distribution ICR #19-103045 State of MN - Department of Finance 207-420 207-420-4300-000 10.40 111194 Forfeiture Distribution ICR #17-181887 State of MN - Department of Finance 207-420 207-420-4300-000 56.50 111194 Forfeiture Distribution ICR #19-103045 State of MN - Department of Finance 207-420 207-420-4300-000 80.00 111194 Forfeiture Distribution ICR #19-062210 State of MN - Department of Finance 207-420 207-420-4300-000 620.30 111194 Forfeiture Distribution ICR #17-020589 Twin Cities Transport & Recovery 207-420 207-420-4300-000 85.00 111200 ICR #19-254311 Volvo S80 Twin Cities Transport & Recovery 207-420 207-420-4300-000 85.00 111200 ICR #19-252696 GMC Yukon/Denali 207-420 Total 2,471.60 Twin Cities Transport & Recovery 208-420 208-420-4300-000 170.00 111200 ICR #19-253634 Ford Focus Zxw Twin Cities Transport & Recovery 208-420 208-420-4300-000 85.00 111200 ICR #19-241163 Jeep Renegade Latitude Twin Cities Transport & Recovery 208-420 208-420-4300-000 135.00 111200 ICR #19-214600 Toyota Avalon 208-420 Total 390.00 City of Circle Pines 340-470 340-470-6010-000 32,175.00 111124 Annual Pmts Member Cities Series 2016A 2/1/2021 Principal City of Circle Pines 340-470 340-470-6020-000 2,021.25 111124 Annual Pmts Member Cities Series 2016A 2/1/2021 Interest City of Circle Pines 340-470 340-470-6020-000 2,021.25 111124 Annual Pmts Member Cities Series 2016A 8/1/2020 Interest City of Circle Pines 340-470 340-470-6030-000 1,810.88 111124 Annual Pmts Member Cities Series 2016A 5% Coverage 340-470 Total 38,028.38 NAC Mechanical & Electrical 401-432 401-432-5000-000 1,815.94 111171 Furnish & Install Sink and Hand Sprayer 401-432 Total 1,815.94 CES Imaging 403-432 403-432-5000-000 5,995.00 111123 Canon TX-3000MFP Printer 403-432 Total 5,995.00 Dell Marketing LP 403-450 403-450-5000-000 147.41 111134 Dell 23 Monitor K. Schmidt 403-450 Total 147.41 WSB & Associates Inc. 406-499 406-499-4304-000 718.50 111204 August Feasibility Study and Test Well Design and Analysis WSB & Associates Inc. 406-499 406-499-4304-000 2,689.00 111204 August NE Tech Corridor Utility Study WSB & Associates Inc. 406-499 406-499-4304-122 560.00 111204 August Lake Dr. Watermain Looping & Bituminous Trail & Birch St. WSB & Associates Inc. 406-499 406-499-4304-127 8,084.25 111204 August Water Tower No. 3 406-499 Total 12,051.75 WSB & Associates Inc. 421-499 421-499-4304-126 3,439.00 111204 August 2019 Road Improvement Project North Valley Inc. 421-499 421-499-4400-126 67,521.64 111175 Mill & Overlay Street Improvements 421-499 Total 70,960.64 WSB & Associates Inc. 422-499 422-499-4300-125 13.65 111204 August Northeast Drainage of Way Services WSB & Associates Inc. 422-499 422-499-4304-125 9,344.53 111204 August Northeast Lino Lakes Drainage Improvement Project 422-499 Total 9,358.18 WSB & Associates Inc. 424-499 424-499-4304-000 1,332.00 111204 August 2019 Surface Water Maintenance Project 424-499 Total 1,332.00 Midwest Asphalt Services LLC 425-499 425-499-4410-128 3,650.61 111166 Arena Acres Park Site Work Project 425-499 Total 3,650.61 WSB & Associates Inc. 485-499 485-499-4304-000 1,125.00 111204 August LaMotte Area Street & Utility Improvements WSB & Associates Inc. 485-499 485-499-4304-000 43,578.00 111204 August West Shadow Lake Drive Construction Phase Geislinger and Sons Inc. 485-499 485-499-4400-000 353,259.18 111145 West Shadow Lake Drive Area Street & Utililty Improvement 485-499 Total 397,962.18 WSB & Associates Inc. 486-499 486-499-4304-000 1,990.00 111204 August 2019 Cedar St. / 24th Ave. / Elmcrest Ave. Improvements 486-499 Total 1,990.00 City of Shoreview 601-000 601-000-2140-000 11.13 111126 3rd Quarter Water & Sewer MN Department of Health 601-000 601-000-2140-000 7,672.06 111169 3rd Quarter Water Connection Fee 601-000 Total 7,683.19 Curtis 1000 Inc. 601-494 601-494-4200-000 274.71 111133 UB Window Envelopes U.S. Bank Visa 601-494 601-494-4200-000 30.46 111201 Amazon/Key Rings & Phone Cases Hawkins Inc. 601-494 601-494-4222-000 45.00 111148 Chlorine Cylinder Craig Severson Construction 601-494 601-494-4300-000 4,225.00 111131 Deerwood & Aspen Lane Drain Repairs Page 5 AP Checks by Account Number 10/28/2019 City Council Meeting Vendor Fund/Dept Account Amount Check #Description Valley-Rich Co. Inc. 601-494 601-494-4300-000 6,373.50 111202 R190572 09/16 Valley-Rich Co. Inc. 601-494 601-494-4300-000 3,932.72 111202 R190623 09/26 WSB & Associates Inc. 601-494 601-494-4304-000 285.00 111204 August Miscellaneous Survey WSB & Associates Inc. 601-494 601-494-4304-000 1,110.00 111204 August 2019 General Engineering Services TDS Metrocom MN 601-494 601-494-4321-000 39.25 111107 Phone Service TDS Metrocom MN 601-494 601-494-4321-000 39.30 111107 Phone Service U.S. Bank Visa 601-494 601-494-4321-000 47.80 111201 Verizon Wireless U.S. Bank Visa 601-494 601-494-4321-000 229.81 111201 Verizon Wireless Connexus Energy 601-494 601-494-4381-000 1,609.28 111129 Electric City of Shoreview 601-494 601-494-4382-000 493.53 111126 3rd Quarter Water & Sewer CenterPoint Energy 601-494 601-494-4383-000 15.00 111122 Natural Gas-6774 Black Duck Drive CenterPoint Energy 601-494 601-494-4383-000 17.18 111122 Natural Gas-6482 Pheasant Run S CenterPoint Energy 601-494 601-494-4383-000 15.00 111122 Natural Gas-1180 Birch Street CenterPoint Energy 601-494 601-494-4383-000 15.00 111122 Natural Gas-6786 Clearwater Creek Accela Inc. #774375 601-494 601-494-4410-000 316.50 111109 September UB Web Pmts. Trans. Fees/Active Acct. Fee Gopher State One-Call 601-494 601-494-4410-000 328.73 111147 September Tickets 601-494 Total 19,442.77 Curtis 1000 Inc. 602-495 602-495-4200-000 274.71 111133 UB Window Envelopes U.S. Bank Visa 602-495 602-495-4200-000 30.46 111201 Amazon/Key Rings & Phone Cases Batteries Plus Bulbs 602-495 602-495-4211-000 263.40 111117 Batteries Ford Construction Co. Inc. 602-495 602-495-4300-000 2,062.50 111141 Ball Check Valves Replacement at Lift Station #7 WSB & Associates Inc. 602-495 602-495-4304-000 1,110.00 111204 August 2019 General Engineering Services U.S. Bank Visa 602-495 602-495-4321-000 149.79 111201 Verizon Wireless Connexus Energy 602-495 602-495-4381-000 718.73 111129 Electric City of Shoreview 602-495 602-495-4382-000 1,375.51 111126 3rd Quarter Water & Sewer Centennial Utilities 602-495 602-495-4383-000 20.01 111121 Natural Gas-Sunrise CenterPoint Energy 602-495 602-495-4383-000 18.17 111122 Natural Gas-6666 Black Duck Drive CenterPoint Energy 602-495 602-495-4383-000 17.11 111122 Natural Gas-6300 Laurene Ave CenterPoint Energy 602-495 602-495-4383-000 17.11 111122 Natural Gas-2200 E. Cedar Street CenterPoint Energy 602-495 602-495-4383-000 17.11 111122 Natural Gas-1473 Snow Goose Trail CenterPoint Energy 602-495 602-495-4383-000 16.07 111122 Natural Gas-2028 Cypress Street Met Council Environmental Services 602-495 602-495-4405-000 81,467.66 111162 November Waste Water Services Accela Inc. #774375 602-495 602-495-4410-000 316.50 111109 September UB Web Pmts. Trans. Fees/Active Acct. Fee Gopher State One-Call 602-495 602-495-4410-000 328.72 111147 September Tickets 602-495 Total 88,203.56 KLM Engineering Inc. 801-000 801-000-2300-000 4,300.00 111154 Verizon Antenna Inspection Services Press Publications Inc. 801-000 801-000-2300-000 37.60 111184 Notice of Public Hearing Stern Addition WSB & Associates Inc. 801-000 801-000-2300-000 724.50 111204 August Miscellaneous Escrow Account Review WSB & Associates Inc. 801-000 801-000-2300-000 3,765.00 111204 August Otter Lake Animal Care Center WSB & Associates Inc. 801-000 801-000-2300-000 439.00 111204 August Poehling Addition WSB & Associates Inc. 801-000 801-000-2302-102 8,267.50 111204 August Eastside Villas Eternity Homes LLC 801-000 801-000-2318-000 4,425.00 111136 Escrow Release 6472 Fox Road MN Department of Commerce 801-000 801-000-2318-000 8,450.28 111168 Replace Check #110348 to Chicilo Homes MN Department of Commerce 801-000 801-000-2318-000 2,000.00 111168 Replace Check #110367 to Meadow View MN Department of Commerce 801-000 801-000-2318-000 1,500.00 111168 Replace Check #110381 to Procraft Newco Homes LLC 801-000 801-000-2318-000 3,400.00 111173 Escrow Release 977 Pheasant Run S Paul Emmerich Construction Inc. 801-000 801-000-2318-000 3,425.00 111179 Escrow Release 1967 Rosewood Street Tollberg Homes LLC 801-000 801-000-2318-000 5,400.00 111198 Escrow Release 2108 21st Avenue S WSB & Associates Inc. 801-000 801-000-2328-102 615.50 111204 August Main Street Shoppes 2nd Addition WSB & Associates Inc. 801-000 801-000-2336-102 32,560.50 111204 August Watermark 1st Addition WSB & Associates Inc. 801-000 801-000-2342-103 318.00 111204 August Love to Grow On WSB & Associates Inc. 801-000 801-000-2348-102 757.00 111204 August NorthPointe 7th Addition WSB & Associates Inc. 801-000 801-000-2349-102 589.50 111204 August All Seasons Rental WSB & Associates Inc. 801-000 801-000-2353-102 756.50 111204 August St. Clair Estates WSB & Associates Inc. 801-000 801-000-2359-102 403.00 111204 August Saddle Club 4th Addition 801-000 Total 82,133.88 Grand Total 877,959.40 Page 6 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting October 28, 2019 Transfer In/(Out) 10/15/2019 Building Permit Surcharge (1,041.86) 10/18/2019 Sales & Use Tax (690.00) 10/18/2019 Payroll #21 (132,397.66) 10/18/2019 Payroll #21 Federal Deposit (38,022.85) 10/18/2019 Payroll #21 PERA (40,808.88) 10/18/2019 Payroll #21 State (8,426.42) 10/18/2019 Payroll #21 Child Support (570.70) 10/18/2019 Payroll #21 H.S.A. Bank Pretax (2,724.75) 10/18/2019 Payroll #21 TASC Pretax (1,119.01) 10/18/2019 Payroll #21 ICMA 457 Def. Comp #301596 (4,315.00) 10/18/2019 Payroll #21 ICMA Roth IRA #706155 (435.75) 10/18/2019 Payroll #21 MSRS HCSP #98946-01 (1,244.04) 10/18/2019 Payroll #21 MSRS Def. Comp #98945-01 (3,755.00) 10/18/2019 Payroll #21 MSRS Roth IRS #98945-01 (540.00) CITY COUNCIL WORK SESSION DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : October 7, 2019 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 7:00 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Maher, 7 Manthey, Stoesz and Mayor Reinert 8 MEMBERS ABSENT : None 9 10 Staff members present: Public Safety Director John Swenson; Community Development 11 Director Michael Grochala; Finance Director Sarah Cotton; Public Services Director Rick 12 DeGardner; City Planner Katie Larsen; City Clerk Julie Bartell 13 14 1. Introduction of Susan Vento, Metropolitan Council Board Member, District 15 11 – Item 1 was removed from the agenda by the City Administrator previous to the 16 meeting. 17 18 2. Request for Temporary Speed Bumps on Elbe Street and 81st Street - 19 Finance Director Cotton reviewed Administrator Karlson’s written report. 20 21 Mary Schmidt - 8020 Elbe Street – She is not concerned about Waldoch’s activities and 22 is not requesting speed bumps. 23 24 Unidentified area resident – concurred that speed bumps are not needed. There has been 25 no problem for the two weeks they have been open. They have lived with the former 26 Hay Days in the area (a much larger event). 27 28 John, area resident, stated that this would mean 400 to 500 additional cars on a residential 29 street on a Saturday in October when residents will be out in their yards. There are no 30 sidewalks on the street so that creates a danger for pedestrians. Any way that the danger 31 could be mitigated would be the way to go. He asks the question, if there are 400 32 additional cars, does that make the street safer? 33 34 Mayor Reinert remarked that the council discussed allowing the use of Elbe Street as a 35 backup exit at the last council meeting. The intent was to see how it goes, learn from the 36 experience and move on from there. Mayor Reinert asked when Waldoch’s actually 37 expect to utilize the street. 38 39 Doug Joyer, Waldoch Farms, showed on the monitor a picture of the gate and the safety 40 signs that they have installed. The use of Elbe Street is “as needed” and for a backup 41 situation from the main roadway (Lake Drive). They have not needed to use it yet. They 42 are trying to prevent issues. It could possibly be used one to four times at this point. 43 44 Mayor Reinert remarked that it is basically a safety valve for those times when it is 45 CITY COUNCIL WORK SESSION DRAFT 2 needed. Use is planned only for those times and probably not for whole days. He asked 46 Public Safety Director Swenson for his opinion on the street use. 47 48 Director Swenson said in terms of speed, while the business hasn’t opened the gate to 49 Elbe Street yet, there have been no complaints about that. It is kind of a “wait and see” 50 situation. In terms of Lake Drive and the impact in the past, there hasn’t been a problem. 51 Use of a controlled intersection instead of not makes some sense. 52 53 A resident of Danube and 81st Street noted additional traffic in the area (Lake Drive) due 54 to construction on the interstate. About ten years ago, he approached the Joyer’s with a 55 paper signed by Governor Perpich about speed limits on rural versus city roads and 56 suggested they pursue a lowered speed limit. He’s watched the speed increase and 57 increase on Lake Drive and there’s some danger there. A lower speed limit would make 58 it safer for kids going to school as well as people wanting to drive into businesses. 59 60 Mayor Reinert said he doesn’t disagree with the speed limit question but that is a separate 61 topic. He doesn’t know if speed bumps are the best solution. It seems like the best may 62 be to allow this as a temporary use and find out the impact of that use. The permit is 63 only issued for this year. 64 65 The council and residents discussed notification to the neighborhood of the council’s last 66 discussion and tonight’s meeting. Council Member Manthey noted that he asked to have 67 this on the agenda tonight. He had understood that the whole neighborhood was notified 68 of that first meeting but now understands that only went to Elbe Street. After being 69 informed of the petition, he thought it would be best to bring people together to share 70 their concerns. 71 72 Mayor Reinert suggested allowing the gate to be used and see what happens. He is glad 73 to see the signage added. He isn’t hearing any council members say they want to pull 74 back the permission. 75 76 Council Member Rafferty said the responsibility is falling to the Waldoch business to 77 decide when that gate is needed and he feels they will handle it appropriately. 78 79 An area resident noted rumors that the Joyers are going to develop townhomes in the area. 80 81 Council Member Manthey suggested that the bottom line with the council issuing 82 permission to use the street was that it is an annual situation. He wants to make sure 83 people feel that they are being heard. 84 85 Doug Joyer said they may never need to open the gate but they feel it’s important to have 86 the opportunity. 87 88 Mayor Reinert remarked that it may be a good idea to lower the speed limit in front of the 89 Waldoch business. 90 CITY COUNCIL WORK SESSION DRAFT 3 91 Jeff Joyer addressed the townhouse rumor. On both the north and east edge of the 92 neighborhood they are installing new fences for pony pastures. Even though the city 93 zoning would allow development, their long term plans are to provide for the livestock on 94 the farm. 95 96 Council Member Manthey remarked that all comments, even off of topic, are being heard 97 and will be followed up on by staff. 98 99 Mayor Reinert directed staff that when this matter comes up next year for review, all 100 residents in the neighborhood should be notified. 101 102 Doug Joyer noted that the easement that allows the use of the roadway for the event (as 103 allowed by the council) allows them (Waldoch Farms) to use the easement for themselves 104 anytime. 105 106 Council Member Maher told those present that the council wants people to be safe and 107 for people to work together and if this doesn’t work this time around, it will not be 108 allowed again. 109 110 3. Council Updates on Boards/Commissions, City Council – There were no 111 updates. 112 113 4. Monthly Progress Report – Director Swenson clarified that the CSO position is 114 not yet closed. 115 116 There were no questions from the council. 117 118 NOT ON PRINTED AGENDA 119 120 Council Member Maher noted the proposed sod on West Shadow Lake Drive and asked if 121 there is an appropriate warranty on that considering the time of year? City Engineer 122 Hankee explained that the warranty requires replacement if the sod doesn’t survive for 123 thirty days. There are appropriate warranties in place. 124 125 5. Review Regular Agenda 126 127 The agenda was reviewed. 128 129 Item 6A – St. Clair Estates. City Engineer Hankee explained that staff is attempting to 130 get project closure. The City has communicated numerous times with the developer but 131 at this point must move toward bringing in contractors to finish things like erosion, storm 132 sewer flushing, etc. There is one driveway where the repair is needed and Ms. Hankee 133 said she is getting a quote to get that work done. 134 135 CITY COUNCIL WORK SESSION DRAFT 4 Mayor Reinert remarked that it is disturbing especially to him that these are new Lino 136 Lakes’ residents that this is what they are first experiencing. He is glad that the work 137 will be done. City Engineer Hankee noted that some of the planting issues may have to 138 wait until spring for resolution. 139 140 Ms. Hankee reviewed the resolutions, each accepting quotes for necessary work. There is 141 one quote outstanding and that information will be provided in the Friday update. 142 143 Item 6B – Direct Bore Inc. – City Planner Larsen explained that this company is 144 interested in purchasing property for their business use. Certain actions are required for 145 their intended use. The Planning and Zoning Board recommendations will be discussed 146 at the council meeting. 147 148 Item 6C – Watermark – City Planner Larsen reviewed the staff report that proposes 149 amendments to the architectural standards related to the construction of three car garages 150 for the single level homes. 151 152 The meeting was adjourned at 7:00 p.m. 153 154 These minutes were considered, corrected and approved at the regular Council meeting held on 155 October 28, 2019. 156 157 158 159 160 Julianne Bartell, City Clerk Jeff Reinert, Mayor 161 162 COUNCIL MINUTES DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : October 14, 2019 4 TIME STARTED : 6:30 p.m. 5 TIME ENDED : 7:00 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Maher, 7 Manthey, Stoesz (part) and Mayor Reinert 8 MEMBERS ABSENT : 9 10 Staff members present: City Administrator Jeff Karlson; Community Development Director 11 Michael Grochala; City Planner Katie Larsen; City Engineer Diane Hankee; 12 13 Finance Director Sarah Cotton; Director of Public Safety John Swenson; and City Clerk Julie 14 Bartell 15 16 PUBLIC COMMENT 17 18 No one was present to address the council regarding a matter not on the agenda. 19 20 SETTING THE AGENDA 21 22 The agenda was amended to refer Item 1E to the next council work session. 23 24 SPECIAL PRESENTATION 25 26 1. Introduction of 2019-2020 Lino Lakes Ambassadors 27 28 2. Oath of Police Service – Police Officer Kenny Sinna 29 30 PROCLAMATION 31 32 Proclamation Honoring Toastmasters and Recognizing October as Toastmasters Month 33 34 CONSENT AGENDA 35 36 Council Member Stoesz moved to approve the Consent Agenda, Items 1A through 1D except Item 37 1E, as presented. Council Member Manthey seconded the motion. Motion carried on a voice vote. 38 39 ITEM ACTION 40 41 Consideration of Expenditures: 42 43 October 14, 2019 (Check No. 111034 through 111104) 44 in the Amount of $411,309.98 Approved 45 46 September 23, 2019 Council Work Session Minutes Approved 47 COUNCIL MINUTES DRAFT 2 48 September 23, 2019 City Council Meeting Minutes Approved 49 50 Consider Approval of Resolution No. 19-117, 51 Appointing Election Judges for 2019 Municipal and 52 Special Election (November 5, 2019) Approved 53 54 Consider Approval of 2020 Budget for Twin Cities 55 Gateway Visitor’s Bureau Approved 56 57 Consider Approval of Exempt Permit for Lawful 58 Gambling Conducted by the Knights of Columbus 59 for the Annual Prime Rib Dinner at St. Joseph Church Approved 60 61 Consider Approval of Resolution 19-136, Approving 62 a Peddler License for Edward Jones Financial – Daniel 63 Chrzanowski Approved 64 65 September 23, 2019 Special Session Minutes (budget) Approved 66 67 FINANCE DEPARTMENT REPORT 68 69 There was no report from the Finance Department. 70 71 ADMINISTRATION DEPARTMENT REPORT 72 3A) Consider Appointment of Paid On-Call Firefighters – Human Resources Manager Karissa 73 Bartholomew presented the staff recommendation to hire two paid on-call firefighters. She 74 reviewed the candidates’ experience and qualifications. 75 Council Member Maher moved to approve the appointment of Kylie Haffke and Alexander Haffke 76 as recommended. Council Member Rafferty seconded the motion. Motion carried on a voice vote. 77 78 PUBLIC SAFETY DEPARTMENT REPORT 79 80 There was no report from the Public Safety Department. 81 82 PUBLIC SERVICES DEPARTMENT REPORT 83 84 There was no report from the Public Services Department. 85 86 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 87 88 6A) St. Clair Estates, Accepting Quotes – City Engineer Hankee explained that the council is being 89 requested to approve several resolutions relating to work that remains necessary for the St. Clair Estates 90 project. A list was prepared that identified these items and provided to the developer. The work was not 91 completed and therefore staff is utlizing the bond associated with the project to get the necessary work 92 COUNCIL MINUTES DRAFT 3 done. The city has sought quotes for the work and the results are indicated in the resolutions. Staff 93 proposes to get as much of the work done this year as possible. 94 Ms. Hankee indicated that the developer did submit some bid information to complete the work. After 95 review, staff did not find the bid informationt to be acceptable. 96 Council Member Rafferty asked for clarification on the Olson Sewer bid. Ms. Hankee explained that she 97 did work with Mr. Olson to refine the bid and that resulted in the inclusion of additional work. 98 Mayor Reinert noted that this action will bring the work closer to completion for the residents of that 99 development. 100 i) Consider Resolution No. 19-132, Accepting Quotes, Open Space Plantings 101 ii) Consider Resolution No. 19-134, Accepting Quotes, Driveway Repair at 6575 Enid Trail 102 iii) Consider Resolution No. 19-135, Accepting Quotes, Surface Water Management System Repair 103 and Clean Up 104 iv) Consider Resolution No. 19-133, Accepting Quotes, Open Space Restoration & Filtration 105 Basin/Island Area 106 Council Member Rafferty moved to approve Resolutions No. 19-132, 19-133, 19-134 and 19-135 as 107 presented. Council Member Maher seconded the motion. Motion carried on a voice vote. 108 109 6B) Direct Bore, Inc. (502 & 510 Lilac Street) - City Planner Larsen reviewed a Powerpoint 110 presentation including information on the following: 111 - Land Use Application (location, rezoning and CUP are required); 112 - Site Location Map (502 and 510 Lilac Street); 113 - History of property (home occupation originally – creates a unique land use situation); 114 - Site Improvements that will be required; 115 - Planning & Zoning – no need for curb and gutter, allow mature trees to act as landscaping 116 buffer, and require privacy fence; 117 - Findings of Fact on the rezoning are included in the proposed ordinance; 118 - Findings of Fact for the conditional use permit are included in the resolution; 119 - Conditions will be included in the resolutions; 120 - Requested council action. 121 Planner Larsen noted that the applicant has requested that they be allowed some outdoor storage prior 122 to paving based on the time of the year. Staff concurs with the request conditioned upon the paving 123 being completed by June 30, 2020 and appropriate fencing by the end of the year. Mayor Reinert 124 asked if the applicant has agreed that fencing will be in place prior to outdoor storage and Ms. Larsen 125 said that was her discussion with the applicant just previous to the meeting. 126 i) Consider First Reading of Ordinance No. 09-19 Rezoning Property from GB, General Business 127 to LI, Light Industrial 128 ii) Consider Resolution No. 19-129 Approving Conditional Use Permit for Open and Outdoor 129 Storage 130 COUNCIL MINUTES DRAFT 4 iii) Consider Resolution No. 19-130 Approving Site Improvement Performance Agreement 131 Council Member Manthey moved to approve the First Reading of Ordinance No. 09-19 and to approve 132 Resolutions No. 19-129 as presented. Council Member Maher seconded the motion. Motion carried on 133 a voice vote. 134 Council Member Manthey moved to approve Resolution No. 19-129 as presented. Council Member 135 Maher seconded the motion. Motion carried on a voice vote. 136 Council Member Maher moved to approve Resolution No. 19-130 with the addition of fencing to be in 137 place by the end of this year and required paving to be in place by June 30, 2020. Council Member 138 Rafferty seconded the motion. Motion carried on a voice vote. 139 6C) Consider Resolution No. 19-131 Approving Watermark PUD Development Stage Plan 140 Amendment #3-Architectural Design Standards – City Planner Larsen reviewed a Powerpoint 141 presentation inclduing information on the following: 142 - History (council actions); 143 - Resolution includes language related to garage requirements; 144 - Proposed Amendment related to the garage protrusion; 145 - Plans (indicating garage length, not to exceed 67% of the façade of the house); 146 - Elevations (four that they will offer, all to meet the 67% requirement); 147 - Planning and Zoning Board recommendations. 148 Council Member Rafferty asked about clearance within the width of the garage; it appears to be 149 narrow. The developer noted that each stall would be 10 feet at a minimum. Josh Metzer, Lenar, 150 explained that these series of homes are sold in many communities and he hasn’t heard any 151 discussion about the width of the garages; for the people that are buying the homes, it seems like the 152 garage space is sufficient. 153 Mayor Reinert remarked that it’s common to want to a larger garage. It’s understandable and 154 would be great to get a larger garage for this development. The city’s advisory group supports the 155 change unanimously. 156 Council Member Maher asked, regarding the Portland model, is the garage façade even or is the 157 single stall brought out? The developer responded that the third stall is required to be recessed. 158 159 Council Member Manthey moved to approve Resolution No. 131 as presented. Council Member 160 Maher seconded the motion. Motion carried on a voice vote. 161 162 UNFINISHED BUSINESS 163 164 There was no Unfinished Business. 165 166 NEW BUSINESS 167 168 There was no New Business. 169 170 COMMUNITY EVENTS 171 COUNCIL MINUTES DRAFT 5 LITTLE GOBLINS COSTUME PARTY will be held on Friday, October 25 from 6:30 p.m. to 8:00 172 p.m. at Wargo Nature Center. Pre-registration is required. Contact Parks & Recreation at 651-982-173 2440 to register. 174 175 CENTENNIAL BAND BOOSTERS HOLIDAY BAZAAR, will be held Saturday, October 26 from 176 9:00 a.m. to 3:00 p.m. at Centennial Middle School, 399 Elm Street. The Boosters support the band 177 program with over 900 students in grades 6-12. 178 179 GOBBLER GAMES free, fun-filled family event will be held Saturday, November 2 from 10:00 180 a.m. to 12:00 p.m. Contact Parks & Recreation at 651-982-2440 to register. 181 182 ABSENTEE VOTING - You may vote early at City Hall Monday through Friday through 183 November 4. 184 185 WALDOCH FARM PUMPKIN PATCH AND CORN MAZE will be open daily through October 186 31 from 10:00 a.m. to 7:00 p.m. 187 188 COMMUNITY CALENDAR 189 190 Community Calendar – A Look Ahead 191 October 14, 2019 through October 28, 2019 192 193 Monday, October 28 6:00 pm, Community Room Council Work Session 194 Monday, October 28 6:30 pm, Council Chambers City Council Meeting 195 196 ADJOURN 197 198 There being no further business, Council Member Rafferty moved to adjourn at 7:00 p.m. Council 199 Member Maher seconded the motion. Motion carried on a voice vote. 200 201 These minutes were considered and approved at the regular Council Meeting on October 28, 2019 202 203 204 205 206 Julianne Bartell, City Clerk Jeff Reinert, Mayor 207 208 CLOSED COUNCIL SESSION DRAFT 1 1 CITY OF LINO LAKES 2 MINUTES 3 CLOSED COUNCIL SESSION 4 5 DATE : October 14, 2019 6 TIME STARTED : 7:33 p.m. 7 TIME ENDED : 8:10 p.m. 8 MEMBERS PRESENT : Council Members Rafferty, Manthey, 9 Maher, and Mayor Reinert 10 MEMBERS ABSENT : Council Member Stoesz 11 12 Staff present: City Administrator Jeff Karlson; Human Resources Manager Karissa 13 Bartholomew; Finance Director Sarah Cotton 14 15 Mayor Reinert called the meeting to order at 7:33 p.m. in the Council Work Room at Lino 16 Lakes City Hall. Before the meeting was closed, Mayor Reinert read a statement on the 17 purpose of the meeting. The meeting was closed as a session of the city council pursuant 18 to the Open Meeting Law for the purpose of discussing labor negotiations. 19 20 The meeting was recorded and the recording will be maintained as required in the Office 21 of the City Clerk. 22 23 The meeting was adjourned at 8:10 p.m. 24 25 These minutes were considered, corrected and approved at the regular Council meeting held on 26 October 28, 2019. 27 28 29 30 31 Julianne Bartell, City Clerk Jeff Reinert, Mayor 32 33 CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: October 28, 2019 TOPIC: Consider Approving Exempt Gambling Permit for Turkey Bingo at St. Joseph’s Catholic Church VOTE REQUIRED: 3/5 Vote INTRODUCTION St. Joseph’s Catholic Church has applied for a LG220 Application for Exempt Permit to conduct their annual Turkey Bingo on November 24, 2019. The money raised from this event will be used for the food shelf. BACKGROUND Non-profit organizations are allowed, under the State Gambling Statutes, to apply for an exemption from a gambling license if they conduct five (5) or fewer gambling occasions per calendar year. St. Joseph Catholic Church conducts five (5) or less per calendar and, therefore, remains exempt from requiring a gambling license. Minnesota Statutes, Chapter 349, Section 349.166, Subd. 2 does, however, require that the non- profit organizations applying for the exemption permit, notify the city that they are applying for the exemption and receive local approval. The application and background materials are on file in City Clerk’s office. RECOMMENDATION Adopt a motion approving the applications for exemption with no waiting period. CITY COUNCIL AGENDA ITEM 1F STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: October 28, 2019 TOPIC: Consider Approving Exempt Gambling Permit for St. Joseph’s Catholic Church Scholarship Raffle VOTE REQUIRED: 3/5 Vote INTRODUCTION St. Joseph’s Catholic Church has applied for a LG220 Application for Exempt Permit to conduct their annual scholarship raffle to be held on November 26, 2019. The proceeds from this raffle will be used to award college scholarships to members of St. Joseph Catholic Church. BACKGROUND Non-profit organizations are allowed, under the State Gambling Statutes, to apply for an exemption from a gambling license if they conduct five (5) or fewer gambling occasions per calendar year. St. Joseph Catholic Church conducts five (5) or less per calendar and, therefore, remains exempt from requiring a gambling license. Minnesota Statutes, Chapter 349, Section 349.166, Subd. 2 does, however, require that the non- profit organizations applying for the exemption permit, notify the city that they are applying for the exemption and receive local approval. The application and background materials are on file in City Clerk’s office. RECOMMENDATION Adopt a motion approving the applications for exemption with no waiting period. CITY COUNCIL AGENDA ITEM 1G STAFF ORIGINATOR Sarah Cotton MEETING DATE October 28, 2019 TOPIC Consider Resolution No. 19-139, Authorizing the Certification of Delinquent Water and Sewer Utility Charges for Collection with 2019 Property Taxes Payable in 2020 VOTE REQUIRED Simple Majority BACKGROUND Staff annually brings before the City Council delinquent water and sewer utility charges for certification to the County Auditor for collection with the following year property taxes. Effected property owners received mailed notice of this proceeding and have been allowed ample time to pay the delinquent charges. RECOMMENDATION Staff recommends that the City Council adopt Resolution 19-139, authorizing the certification of delinquent water and sewer utility charges to be collected with 2019 property taxes payable in 2020 at an interest rate of 8% per annum. ATTACHMENTS Resolution No. 19-139 Listing of Delinquent Utility Accounts CITY OF LINO LAKES RESOLUTION NO. 19-139 RESOLUTION AUTHORIZING THE CERTIFICATION OF DELINQUENT WATER AND SEWER UTILITY CHARGES FOR COLLECTION WITH 2019 PROPERTY TAXES PAYABLE IN 2020 WHEREAS, pursuant to City Code Section 401.30 and Section 402.14, Subd. 6, the Utility Billing Clerk has prepared a list of properties having delinquent water and sewer charges to be certified to the Anoka County Auditor for collection with 2019 property taxes, payable in 2020, and WHEREAS, notice of such certification was mailed to effected property owners, and WHEREAS, the City Council has met to consider the certification of such delinquent water and sewer charges. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that the Clerk is hereby authorized to certify the delinquent water and sewer charges as indicated on the attached listing to the Anoka County Auditor to be collected with the 2019 property taxes, payable in 2020 at an interest rate of 8.00% per annum. Adopted by the Council of the City of Lino Lakes this 28th day of October, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member _____________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _____________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk 10/23/2019 CITY OF LINO LAKES 2019 CERTIFICATION LIST ***Penalties and Interest to be Added *** Cycle Account Customer Name PIN Property Address Mailing Address Mailing City, State, Zip Total 1 010170-000 DEBRA MOTSCHENBACHER 99915-090001 240 PLUM LN 240 PLUM LN LINO LAKES, MN 55014-1476 14.81 1 019157-000 KATHRYN ANDERSON 32-31-22-11-0057 6396 DEERWOOD LN 6396 DEERWOOD LN LINO LAKES, MN 55014-5427 34.97 1 010308-000 NICHOLAS SKOY 29-31-22-34-0049 587 ARROWHEAD DR 587 ARROWHEAD DR LINO LAKES, MN 55014-1486 43.27 1 010990-000 MELISSA PLOUFF 29-31-22-43-0015 655 HICKORY PL 655 HICKORY PL LINO LAKES, MN 55014-1955 52.99 1 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882.61 3 013845-000 SHAUNA & JAMES GALATZER 25-31-22-13-0030 6637 TELE LN 6637 TELE LN LINO LAKES, MN 55038-7720 920.65 3 011785-000 JON & JANELLE WOLFE 21-31-22-43-0032 6833 BLACK DUCK CIR 6833 BLACK DUCK CIR LINO LAKES, MN 55014-1321 968.41 3 016339-000 KRISTINA & KENNETH HALL 27-31-22-21-0010 1352 HUNTERS RDG 1352 HUNTERS RDG LINO LAKES, MN 55038-9640 996.85 3 014251-000 MICHAEL & SUZANNE PARIS 25-31-22-42-0032 6587 LACASSE DR 6587 LACASSE DR LINO LAKES, MN 55038-7721 1,002.35 3 017359-000 RAUL GUERRERO & LINDSAY KRAUPA 33-31-22-12-0014 1082 S TRAPPERS XING 1082 S TRAPPERS XING LINO LAKES, MN 55038-9148 1,037.08 3 014267-000 ROBERT KELLY 25-31-22-13-0089 6631 LACASSE DR 6631 LACASSE DR LINO LAKES, MN 55038-7703 1,117.57 3 014230-000 PAUL & KARI MONTALBANO 25-31-22-42-0027 6557 LACASSE DR 6557 LACASSE DR LINO LAKES, MN 55038-7721 1,128.69 3 013957-000 ROBERT & JEAN MANSON 25-31-22-12-0026 6740 CLEARWATER CRK DR 6740 CLEARWATER CREEK DR LINO LAKES, MN 55038-7706 1,165.83 3 012302-000 PATRICK & NANCY RODECK 28-31-22-13-0022 6625 PHEASANT RUN 6625 PHEASANT RUN LINO LAKES, MN 55014-1330 2,037.26 81,168.85$ FINAL BILLED WITH NEW OWNER 1 011458-000 JAMES & BEVERLY MALLEY 29-31-22-34-0083 6486 TOMAHAWK TRL 6486 TOMAHAWK TRL LINO LAKES, MN 55014-1457 65.70 2 006314-000 ROGERS KAYONGO & GRACE BESSMAN 07-31-22-24-0083 7818 CENTURY TRL 19110 14TH DR SE BOTHELL, WA 98012 10.46 2 018848-000 AARON & STEPHANIE STENBERG 19-31-22-31-0003 6935 2ND AVE 13750 CROSSTOWN DR NW STE 305 ANDOVER, MN 55304-5857 16.45 2 014931-000 BENJAMIN BAHNEMAN & LAUREN VALENCOUR 07-31-22-24-0019 129 STALLION LN 2817 GIRARD AVE S APT 411 MINNEAPOLIS, MN 55408-5025 23.55 2 006322-000 ISABEL BEDYNEK-STUMM 07-31-22-24-0133 7850 CENTURY TRL 4060 QUAKER LN N PLYMOUTH, MN 55441 37.91 2 019356-000 DARRELL & MARGARET SHAW 19-31-22-34-0003 6800 LAKE DR 6800 LAKE DR LINO LAKES, MN 55014-1926 56.40 2 015788-000 ANTHONY & VICKIE NDIKUM-PINDER 08-31-22-44-0001 704 77TH ST 21 LACOSTA DR DELLWOOD, MN 55110-1225 223.77 3 012125-000 JAMES & ANDREA FRANKO 28-31-22-43-0037 6490 KILLDEER DR 350 N TESSIER DR ST PETE BEACH, FL 33706-2816 50.00 3 014938-000 BRIAN DICKINSON & LAURA PROVENZANO 28-31-22-43-0028 1019 PHEASANT RUN S 1019 PHEASANT RUN S LINO LAKES, MN 55014-5523 137.20 3 012437-000 JACBON UNDERWOOD 28-31-22-42-0010 1073 TAMARACK LN 1073 TAMARACK LN LINO LAKES, MN 55014-5406 310.08 931.52$ RENTAL PROPERTY 2 005463-000 ANTHONY & VICKIE NDIKUM-PINDER 08-31-22-44-0001 704 77TH ST 21 LACOSTA DR DELLWOOD, MN 55110-1225 22.68 3 012140-000 WILLIAM KYSYLYSZYN & LINDA MANDERS 28-31-22-42-0024 6519 KILLDEER DR 149 WOODRIDGE LN LINO LAKES, MN 55014-5441 13.00 1 019110-000 JONATHAN BRAND 29-31-22-33-0066 433 ARROWHEAD DR 15135 LEVER ST HAM LAKE, MN 55304 179.14 2 018772-000 RONALD STANLEY 08-31-22-43-0014 700 77TH ST 700 77TH ST LINO LAKES, MN 55014-1148 119.26 2 017482-000 NICHOLAS HUBERS 07-31-22-24-0169 154 MORGAN LN 5200 34TH AVE S MINNEAPOLIS, MN 55417 143.69 2 005521-000 JEREMY LARSON 08-31-22-14-0053 7886 NANCY CT 855 ASH ST ST PAUL, MN 55126-0000 254.39 2 007090-000 RUSSELL GLENN 07-31-22-24-0094 185 SHETLAND LN 1030 MAGNOLIA LN MINNEAPOLIS, MN 55441 325.82 2 006584-000 MICHAEL & ANN BORDONARO 08-31-22-13-0135 7879 OAK CT 3435 GLEN OAKS AVE WHITE BEAR LAKE, MN 55110 383.61 2 007079-000 JITENDRAPAL & GINA KUNDAN 07-31-22-24-0106 174 SHETLAND LN 174 SHETLAND LN LINO LAKES, MN 55014-5516 433.67 3 019061-000 LINDA MANDERS & WILLIAM KYSYLYCZYN 28-31-22-42-0024 6519 KILLDEER DR 149 WOODRIDGE LN LINO LAKES, MN 55014 202.65 2 008023-000 JILL & PENNY BLAESER 19-31-22-34-0010 6872 RUSTIC LN 6872 RUSTIC LN LINO LAKES, MN 55014-1239 34.19 2 007784-000 JG'S INVESTMENT LLC 00-00-00-00-0000 6810 LAKE DR (I)11051 NATIONAL ST NE BLAINE, MN 55449 85.27 2 006799-000 NICHOLAS HUBER 07-31-22-24-0185 7880 GOTLAND LN 5200 34TH AVE S MINNEAPOLIS, MN 55417 96.06 2 019109-000 ANTHONY & VICKIE NDIKUM-PINDER 08-31-22-44-0001 704 77TH ST 21 LACOSTA DR DELLWOOD, MN 55110 114.53 2 017323-000 RONALD STANLEY 08-31-22-43-0014 702 77TH ST 700 77TH ST W LINO LAKES, MN 55014-1148 114.86 2 016952-000 HPA BORROWER 2016-2 ML LLC 07-31-22-24-0110 190 SHETLAND LN 180 N STETSON AVE STE 3650 CHICAGO, IL 60601 401.42 2 016561-000 BBTA LLC 07-31-22-24-0045 177 STALLION LN 21859 OLDFIELD AVE NEW SCANDIA, MN 55073 670.62 2 005279-000 NAMAR PROPERTY LLC 17-31-22-21-0027 550 LILAC ST 313 HERITAGE TRL CIRCLE PINES, MN 55014-0654 2,170.20 3 014343-000 USBANK NA 25-31-22-42-0010 6593 ALBERT CT 5720 PREMIER PARK DR WEST PALM BEACH, FL 33407 161.58 5,926.64$ GRAND TOTAL 88,027.01$ 1 CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Jeff Karlson, City Administrator MEETING DATE: October 28, 2019 TOPIC: Ordinance Related to Small Wireless Facilities VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to approve the first reading of Ordinance No. 01-19. BACKGROUND Telecommunications Attorney Mike Bradley was at the August 5th work session to give an overview of the next generation of wireless services (called 5G), which will allow wireless providers to install a large amount of lower hanging antennas connected to fiber optic cable to provide significantly higher internet speeds. The City Council wanted more time to review the ordinance before formally considering it. The facilities needed to provide 5G service are called small wireless facilities. The use of the word “small” is used to describe the area covered by each antenna, not the size of the facilities. Small wireless facilities include antennae, equipment cabinets, vertical conduit, power supplies, etc. Typically, small wireless facilities are attached to utilities poles, such as a light pole in the public right-of-way. Over the past two years, the Minnesota legislature enacted a new small wireless facility law and the FCC has released a small wireless facility order. These actions have placed new restrictions on how cities may handle applications to install small cell facilities. These restrictions include review and approval deadlines and limitations on fees. As Bradley pointed out during the August 5th work session, the City cannot prohibit small wireless providers from installing this type of infrastructure. The City of Lino Lakes participated in a group of Minnesota cities to have Bradley Law draft a model small wireless facility ordinance to help the City comply with the new laws and to prepare for the anticipated applications to install small wireless facilities in the City. Bradley Law submitted a model ordinance, which was subsequently customized for use by the City. The following is a high level summary of the small wireless facility ordinance. 2 Ordinance Summary • Requires all wireless providers to obtain a small wireless facility permit from public works prior to installing any small wireless facilities in the City. • Directs the Public Services Director to develop a permit application form, and additional design standards, construction standards, aesthetic standards, and other permit requirements. • Sets initial general standards for small wireless facilities. • Sets forth the application process from start to finish. • Establishes mandatory conditions for all permits. • Provides the term of all small wireless facility permits. • Lays out the process to deny or revoke a small wireless facility permit, including an appeal to the City Council or the Council’s designee. • Requires City inspection of permitted small wireless facilities. • Includes provisions for removal of abandoned or unauthorized small wireless facilities. • Includes mandatory insurance provisions. • Includes indemnification and defense of the City requirements. • Application fees as set forth in the FCC’s small facility wireless order. • Annual small wireless facility permit fees for small wireless facilities in the public right-of- way as restricted by state law to the recovery of the City’s right-of-way management costs. The Public Services Director is directed to determine the annual fee. • City-owned wireless support structure fees as limited by state law. This is for small wireless facilities collocated on City-owned wireless support structures in the public right-of-way. • Annual fees for use of city-owned property outside of the public right-of-way. The Public Services Director is directed to determine the fee per location and per request. • Construction of fiber optic cable and other activity in the public right-of-way remain subject to the City’s existing code and permitting requirements. • Macro-cell towers remain subject to the City’s existing zoning code. Staff gave Verizon Wireless the opportunity to comment on the original draft ordinance and they suggested that a few revisions be made. Mike Bradley reviewed the proposed revisions, but we made only two minor changes: (1) the notice of assignment required after a transfer of ownership [§ 305.06(10)] was increased from 10 days to 30 days; and (2) the following provision was added to § 305.15(3) (c): “The applicant may opt to pay an annual fee upfront for the cost of electricity based on an annualized calculation.” RECOMMENDATION Approve first reading of Ordinance No. 01-19. ATTACHMENTS Ordinance No. 01-19 August 5, 2019 Work Session Minutes 1 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 01-19 AN ORDINANCE TO ENACT A NEW CHAPTER OF THE CODE OF ORDINANCES RELATING TO SMALL WIRELESS FACILITIES, ESTABLISHING GENERAL STANDARDS, A PERMITTING PROCESS, GENERAL PERMITTING CONDITIONS, AND OTHER REQUIREMENTS WHEREAS, it is anticipated that Wireless Providers will increasingly rely on accessing the Public Right-of-Way of the City of Lino Lakes, Minnesota (the “City”) to Collocate Small Wireless Facilities in order to provide improved service to their subscribers; and WHEREAS, it is anticipated that Wireless Providers will more heavily depend on obtaining use of public infrastructure in the Public Right-of-Way, such as Utility Poles and other Wireless Support Structures, due to a much greater number of antennas being required to provide next generation wireless services; and WHEREAS, it is anticipated that the increased number of antennas will result in economic benefits to the City and its residents; and WHEREAS, the City desires through the passage of this ordinance to develop a process that will allow Wireless Providers to rapidly deploy Small Wireless Facilities while maintaining reasonable standards for the Public Right-of-Way within the City; and WHEREAS, it is necessary and beneficial for the health, safety and welfare of the community to update the City’s zoning regulations for the Collocation of Small Wireless Facilities and installation or replacement of new Wireless Support Structures to accommodate Small Wireless Facilities; and WHEREAS, it is important to accommodate the growing need and demand for telecommunications services while protecting the character of the City and its neighborhoods; and WHEREAS, there is a need to establish standards for location, aesthetics, and compatibility for Small Wireless Facilities, Wireless Support Structures, and their uses; and WHEREAS, there is a need to encourage the availability of affordable, high-speed internet and cellular telephone access for businesses and residents, acknowledging that a growing number of businesses are conducted from remote or off-site locations, that educational institutions increasingly incorporate online and distance learning 2 methodologies, and that government participation and emergency service to the general public are enhanced by fast and reliable cellular and home internet connectivity; and WHEREAS, there have been recent changes to the mandates of the Telecommunications Act of 1996, the Middle Class Tax Relief and Job Creation Act of 2012, and other applicable federal and state laws, including, but not limited to, Minnesota Statutes Sections 237.162 and 237.163, that require the City to update its wireless regulations; and WHEREAS, a mechanism for the permitting of Small Wireless Facilities, Micro Wireless Facilities, and distributed antenna systems telecommunication uses is in the best interest of the citizens of the City; THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA ORDAINS: SECTION ONE: Title 300 of the Lino Lakes City Code is hereby amended to add new Chapter 305, as follows: Chapter 305: Small Wireless Facilities § 305.01 PURPOSE (1) The purpose of this Chapter is to establish specific requirements for obtaining a Small Wireless Facility Permit for the installation, mounting, modification, operation, and replacement of Small Wireless Facilities and installation or replacement of Wireless Support Structures by commercial Wireless Providers on public and private property, including in the Public Right-of-Way. (2) This Chapter does not apply to any Wireline Facilities, including Wireline Backhaul Facilities. A Wireless Provider must obtain an excavation permit pursuant to Chapter 304 of City Code or other applicable authorization for use of the Public Right-of-Way to construct, install, replace, or modify any Wireline Backhaul Facility, such as fiber optic cable. The granting of a Small Wireless Facility Permit pursuant to this Chapter is not a grant of such authorization. § 305.02 DEFINITIONS In this Chapter, the following terms shall have the meaning ascribed to them below: (1) “Applicable Law” shall mean all applicable federal, state, and local laws, codes, rules, regulations, orders, and ordinances, as the same be amended or adopted from time to time. (2) “Applicant” shall mean any Person submitting a Small Wireless Facility Permit Application under this Chapter. 3 (3) “City” shall mean the City of Lino Lakes, Minnesota. (4) “Collocate” or “Collocation” shall mean to install, mount, maintain, modify, operate, or replace a Small Wireless Facility on, under, within, or adjacent to an existing Wireless Support Structure that is owned privately or by the City. (5) “Days” shall be counted in calendar days unless otherwise specified. When the day, or the last day, for taking any action or paying any fee falls on Saturday, Sunday, or a Federal holiday, the action may be taken, or the fee paid, on the next succeeding secular or business day. (6) “Decorative Pole” shall mean a Utility Pole owned, managed, or operated by or on behalf of the City or any other governmental entity that: (a) is specifically designed and placed for an aesthetic purpose; and (b)(i) on which a nondiscriminatory rule or code prohibits an appurtenance or attachment, other than: (A) a Small Wireless Facility, (B) a specialty designed informational or directional sign; or (C) a temporary holiday or special event attachment; or (ii) on which no appurtenance or attachment has been placed, other than: (A) a Small Wireless Facility, (B) a specialty designed informational or directional sign; or (C) a temporary holiday or special event attachment. (7) “Department” shall mean the Public Services Department of the City. (8) “Design District” shall mean any district within the City within which architectural design elements are required. (9) “Director” shall mean the director of the Department. (10) “Excavate” shall mean to dig into or in any way remove, physically disturb, or penetrate a part of a Public Right-of-Way. (11) “FCC” and “Commission” shall mean the Federal Communications Commission. (12) “Historic District” shall mean a geographically definable area, urban or rural, that possesses a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically during the period of significance but linked by association or function. (13) “Micro Wireless Facility” shall mean a Small Wireless Facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches. (14) “Obstruct” shall mean to place a tangible object in a Public Right-of-Way so as to hinder free and open passage over that or any part of the Public Right-of-Way. 4 (15) “Permittee” shall mean a Person that has been granted a Small Wireless Facility Permit by the Department. (16) “Person” shall mean any individual, group, company, partnership, association, joint stock company, trust, corporation, society, syndicate, club, business, or governmental entity. “Person” shall not include the City. (17) “Public Right-of-Way” shall mean the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easement of the City. (18) “Small Wireless Facility” shall mean: (a) a Wireless Facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six (6) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six (6) cubic feet; and (ii) all other wireless equipment associated with the Small Wireless Facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or (b) a Micro Wireless Facility. (19) “Small Wireless Facility Permit” shall mean a permit issued by the Department authorizing the installation, mounting, maintenance, modification, operation, or replacement of a Small Wireless Facility or installation or replacement of a Wireless Support Structure in addition to Collocation of a Small Wireless Facility on the Wireless Support Structure. (20) “Utility Pole” shall mean a pole that is used in whole or in part to facilitate telecommunications or electric service. It does not include a traffic signal pole. (21) “Wireline Backhaul Facility” shall mean a facility used to transport communications data by wire from wireless facility to a communications network. (22) “Wireless Facility” shall mean equipment at a fixed location that enables the provision of Wireless Service between user equipment and a wireless service network, including: (a) equipment associated with Wireless Service; (b) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and (c) a Small Wireless Facility. “Wireless Facility” does not include: (a) Wireless Support Structures; (b) Wireline Backhaul Facilities; or (c) Coaxial or fiber-optic cables between Utility Poles or Wireless Support Structures, or that are not otherwise immediately adjacent to or directly associated with a specific antenna. 5 (23) “Wireless Provider” shall mean a provider of Wireless Service, including, but not limited to, radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves and which permits a user generally to receive a call that originates and/or terminates on the public switched network or its functional equivalent, regardless of the radio frequencies used. (24) “Wireless Service” shall mean any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using Wireless Facilities. Wireless Service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including a cable service under United States Code, title 47, section 522, clause (6). (25) “Wireless Support Structure” shall mean a new or existing structure in a Public Right-of-Way designed to support or capable of supporting Small Wireless Facilities, including, but not limited to, a Utility Pole or a building, as reasonably determined by the Department. § 305.03 SMALL WIRELESS FACILITY PERMIT APPLICATIONS (1) Application Form. The Director shall develop and make publicly available a form Application. To the extent possible, the Director shall allow for Applications to be consolidated pursuant to this Section. A complete Application must be submitted for each Small Wireless Facility Permit desired. (2) Consolidated Applications. A Wireless Provider may apply for up to 15 Small Wireless Facility Permits in a Consolidated Application, provided all Small Wireless Facilities in the Consolidated Application are located within a two-mile radius, consist of substantially similar equipment, and are to be Collocated on similar types of Wireless Support Structures. The Department shall review a Consolidated Application as allowed by this Chapter. If necessary, the applied for Small Wireless Facility Permits in a Consolidated Application may be approved or denied individually, but the Department may not use the denial of one or more permits as a basis to deny all Small Wireless Facility Permits in a Consolidated Application. Any Small Wireless Facility Permits denied in a Consolidated Application shall be subject to a single appeal. (3) Information Not Required. The Department shall not require an Applicant to provide any information that: (a) Has previously been provided to the Department by the Applicant in a Small Wireless Facility Permit Application, if the Applicant provides specific reference to the previous Application containing the information sought by the Department and the previous information remains unchanged; and 6 (b) Is not reasonably necessary to review a Small Wireless Facility Permit Application for compliance with generally applicable and reasonable health, safety, and welfare regulations, and to demonstrate compliance with applicable Federal Communications Commission regulations governing audio frequency exposure, or other information required by this Chapter. § 305.04 ESTABLISHMENT OF GENERAL STANDARDS (1) General Standards. The Director shall establish and maintain a set of standards for the installation, mounting, maintenance, modification, operation, or replacement of Small Wireless Facilities and placing new or replacement Wireless Support Structures in the Public Right-of-Way applicable to all Permittees under this Chapter (the “General Standards”). The General Standards shall include, but not be limited to, information to be required in a Small Wireless Facility Permit Application, design standards, construction standards, aesthetic standards, a form Application, permitting conditions, insurance and security requirements, and Rates and Fees. (2) Design Standards. Any design standards established by the Director shall be: (a) reasonable and nondiscriminatory, and (b) include additional installation and construction details that do not conflict with this Chapter, including, but not limited to, a requirement that: (i) an industry standard pole load analysis be completed and submitted an the City, indicating that the Wireless Support Structure to which the Small Wireless Facility is to be attached will safely support the load, and (ii) Small Wireless Facility equipment on new and existing Wireless Support Structures be placed higher than fifteen (15) feet above ground level. The Director shall additionally include the following in any design standards established under this Chapter: (a) Any Wireless Support Structure installed in the Public Right-of-Way after May 31, 2017 may not exceed fifty (50) feet above ground level, unless the City agrees to a greater height, subject to local zoning regulations, and may be subject to separation requirements in relation to other Wireless Support Structures. (b) Any Wireless Support Structure replacing an existing Wireless Support Structure that is more than fifty (50) feet above ground level may be placed at the height of the existing Wireless Support Structure, unless the City agrees to a greater height, subject to zoning regulations. (c) Wireless Facilities constructed in the Public Right-of-Way after May 31, 2017 may not extend more than ten (10) feet above an existing Wireless Support Structure in place as of May 31, 2017. (d) If necessary to Collocate a Small Wireless Facility, a Wireless Provider may 7 replace a Decorative Pole, if the replacement pole reasonably conforms to the design and aesthetic qualities of the displaced Decorative Pole. (e) A Wireless Provider shall comply with the City’s requirements to install facilities underground, including, without limitation, compliance with § 304.19 (Undergrounding) of City Code. (f) All Small Wireless Facilities Collocated or Wireless Support Structures installed in a Design District or Historic District shall comply with any design or concealment or other measures required by the City. (3) Construction Standards. Any construction standards established by the Director shall include at least the following terms and conditions: (a) Compliance with Applicable Law. To the extent this requirement is not preempted or otherwise legally not enforceable, a Permittee shall comply with all Applicable Law and applicable industry standards. (b) Prevent Interference. A Permittee shall Collocate, install, and continuously operate any authorized Small Wireless Facilities and Wireless Support Structures in a manner that prevents interference with other Wireless Facilities and other facilities in the Right-of-Way and the operation thereof. With appropriate permissions from the Department, a Permittee shall, as is necessary for the safe and reliable operation, use, and maintenance of an authorized Small Wireless Facility or Wireless Support Structure, maintain trees as prescribed by standards promulgated by the Department. (c) Other Rights Not Affected. A Permittee shall not construe a contract, permit, correspondence, or other communication from the City as affecting a right, privilege, or duty previously conferred or imposed by the Department to or on another Person. (d) Restoration. A Permittee, after any excavation of a Public Right-of-Way, shall provide for restoration of the affected Public Right-of-Way and surrounding areas, including the pavement and its foundation, to the same condition that existed before the excavation. If a Permittee fails to adequately restore the Public Right-of-Way within a specified date, the Department may: i. itself restore the Public Right-of-Way and recover from the Permittee the reasonable costs of the surface restoration; or ii. recover from the Permittee a reasonable degradation fee associated with a decrease in the useful life of the Public Right-of-Way caused by the excavation. A Permittee that disturbs uncultivated sod in the excavation or obstruction of 8 the Public Right-of-Way shall plant grasses that are native to Minnesota and, wherever practicable, that are of the local eco-type, as part of the restoration required under this Section, unless the owner of the real property over which the Public Right-of-Way traverses objects. In restoring the Public Right-of- Way, the Permittee shall consult with the Department of Wildlife Conservation regarding the species of native grasses that conform to the requirements of this paragraph. (e) Permittee’s Liability. A Permittee is solely responsible for the risk and expense of the Collocation of the Permittee’s Small Wireless Facility and installing or replacing the Permittee’s Wireless Support Structure. The City neither warrants nor represents that any area within the Public Right-of-Way is suitable for such Collocation or installation or replacement. A Permittee shall accept the Public Right-of-Way “as is” and “where is” and assumes all risks related to any use. The City is not liable for damage to Small Wireless Facilities due to an event of damage to a Wireless Support Structure in the Public Right-of-Way. § 305.05 SMALL WIRELESS FACILITY APPLICATION REVIEW PROCESS (1) Eligibility for Review. An Application shall be eligible for review if the Application conforms to the General Standards adopted by the Director. (2) Authorization. A Small Wireless Facility Permit issued pursuant to any Application processed hereunder shall authorize: (1) the installation, mounting, modification, operation, and replacement of a Small Wireless Facility in the Public Right-of-Way or City-owned property; or (2) construction of a new, or replacement of an existing, Wireless Support Structure, and Collocation of a Small Wireless Facility on the Wireless Support Structure. (3) Review Process. An Application submitted pursuant to this Section shall be reviewed as follows: (a) Submission of Application. Applicant shall submit a complete Application accompanied by the appropriate application fee as set forth in Section 305.15 (Fees and Costs) to the Department. Prior to submitting a Small Wireless Facility Permit Application, an Applicant shall inspect any Wireless Support Structure on which it proposes to Collocate a Small Wireless Facility and determine, based on a structural engineering analysis by a Minnesota registered professional engineer, the suitability of the Wireless Support Structure for the proposed Collocation. The structural engineering analysis shall be submitted to the Department with the Application, and shall certify that the Wireless Support structure is capable of safely supporting the proposed Small Wireless Facility considering conditions at the proposed location, including the condition of the Public Right-of-Way, hazards from traffic, exposure to wind, snow and ice, and other conditions affecting the proposed Small Wireless Facility that may be reasonably anticipated. 9 (b) Application Review Period. The Department shall, within 60 days after the date a complete Application for the Collocation is submitted to the Department, issue or deny a Small Wireless Facility Permit pursuant to the Application. The Department shall, within 90 days after the date a complete Application is submitted for a new or replacement Wireless Support Structure, in addition to the Collocation of a Small Wireless Facility, issue or deny a Small Wireless Facility Permit pursuant to the Application. If the Department receives applications within a single seven-day period from one or more Applicants seeking approval of Small Wireless Facility Permits for more than 30 Small Wireless Facilities or 10 Wireless Support Structures, the Department may extend the 90-day review period of this Chapter by an additional 30 days. If the Department elects to invoke this extension, it must inform in writing any Applicant to whom the extension will be applied. (c) Completeness Determination. The Department shall review a Small Wireless Facility Permit Application for completeness following submittal. The Department shall provide a written notice of incompleteness to the Applicant within 10 days of receipt of the Application, clearly and specifically delineating all missing documents or information. Information delineated in the notice is limited to documents or information publicly required as of the date of application and reasonably related to the Department’s determination of whether the proposed equipment falls within the definition of a Small Wireless Facility, and whether the proposed deployment satisfies all health, safety, and welfare regulations applicable to the Small Wireless Facility Permit and complies with this Chapter and applicable Standards promulgated by the Department. If an Applicant fails to respond to the Department’s notice of incompleteness within 90 days, the Application shall be deemed expired and no Small Wireless Facility Permit shall be issued. Upon an Applicant’s submittal of additional documents or information in response to a notice of incompleteness, the Department shall within 10 days of submission notify the applicant in writing of any information requested in the initial notice of incompleteness that is still missing. Second or subsequent notices of incompleteness may not specify documents or information that was not delineated in the original notice of incompleteness. (d) Reset and Tolling of Review Period. In the event that a Small Wireless Facility Permit Application is incomplete, and the Department has provided a timely and complete written notice of incompleteness, then the applicable review period shall be reset, pending the time between when a notice is mailed and the submittal of information in compliance with the notice. Subsequent notices shall toll the applicable review period. An Applicant and the Department can mutually agree in writing to toll the applicable review period at any time. (e) Moratorium Prohibited. Notwithstanding any Applicable Law to the contrary, including, but not limited to, Minnesota Statutes Sections 394.34 and 462.355, 10 the Department shall not establish any moratorium with respect to the filing, receiving, or processing of applications for Small Wireless Facility Permits, or issuing or approving Small Wireless Facility Permits. (f) Nondiscriminatory Processing of Applications. The Department shall ensure that any Application processed under this Chapter is performed on a nondiscriminatory basis. (g) Permit Not Required. A Permittee shall provide 30 days advance written notice to the Department, but shall not be required to obtain a Small Wireless Facility Permit, or pay an additional Small Wireless Facility Permit fee for: i. routine maintenance; ii. the replacement of a Small Wireless Facility with a Small Wireless Facility that is substantially similar to or smaller in size; or iii. the installation, placement, maintenance, operation, or replacement of a Micro Wireless Facility that is strung on a cable between existing Utility Poles, in compliance with the National Electrical Safety Code. § 305.06 SMALL WIRELESS FACILITY PERMIT CONDITIONS (1) General Conditions of Approval. In processing and approving a Small Wireless Facility Permit, the Department shall condition its approval on compliance with: (a) Generally applicable and reasonable health, safety, and welfare regulations consistent with the City’s Public Right-of-Way management; (b) Reasonable accommodations for a Decorative Pole; (c) Any reasonable restocking, replacement, or relocation requirements when a new Wireless Support Structure is placed in the Public Right-of-Way; (d) Construction of the proposed Small Wireless Facility within six (6) months from the date the Small Wireless Facility Permit is issued; (e) Obtaining additional authorization for use of the Public Right-of-Way for the construction of Wireline Backhaul Facilities or any other wired facilities; (f) Compliance with the City’s General Standards; and (g) Compliance with all Applicable Law. (2) Generally Applicable and Reasonable Health, Safety, and Welfare Regulations. Generally applicable and reasonable health, safety, and welfare regulations for purposes of this Section include, without limitation, the following: (a) A structural engineering analysis by a Minnesota registered professional engineer certifying that a Wireless Support Structure can reasonably support a proposed Small Wireless Facility considering the conditions of the street, the anticipated hazards from traffic to be encountered at the proposed location, and any wind, snow, ice, or other conditions that may be reasonably anticipated at the proposed location; 11 (b) A determination by the Department that, based upon reasonable engineering judgment, a proposed Small Wireless Facility is of excessive size or weight or would otherwise subject a Wireless Support Structure to an unacceptable level of stress; (c) A determination by the Department that, based upon reasonable engineering judgment, a proposed Small Wireless Facility would cause undue harm to the reliability or integrity of the City’s electrical infrastructure or would likely violate generally applicable electrical or engineering principles; (d) A determination by the Department that a proposed Small Wireless Facility presents an unreasonable safety hazard as specifically and reasonably identified by the Department; (e) A determination by the Department that a proposed Small Wireless Facility impairs the City’s ability to operate or maintain the Public Right-of-Way; or (f) A determination by the Department that a proposed Small Wireless Facility cannot be placed due to insufficient capacity and the infrastructure cannot be modified or enlarged consistent with the requirements of this Chapter and the Department’s General Standards; (g) A determination by the Department that a proposed Small Wireless Facility is in violation of the National Electric Safety Code or Applicable Law. (3) Authorized Use. An approval of a Small Wireless Facility Permit under this Section authorizes the Collocation of a Small Wireless Facility on an existing Wireless Support Structure to provide Wireless Services, or the installation or replacement of a Wireless Support Structure and Collocation of a Small Wireless Facility, and shall not be construed to confer authorization to: (a) provide any service other than Wireless Service; (b) construct, install, maintain, or operate any Small Wireless Facility or Wireless Support Structure in a Right-of-Way other than the approved Small Wireless Facility or Wireless Support Structure; or (c) install, place, maintain, or operate a Wireline Backhaul Facility in the Right-of- Way. (4) Other Permits Required. Any Person desiring to obstruct or perform excavation in a Public Right-of-Way within the City for purposes of Collocating a Small Wireless Facility or installing or replacing a Wireless Support Structure shall, consistent with Chapter 304 of the City Code, obtain the necessary permit from the City prior to conducting any such activities. (5) Exclusive Arrangements Prohibited. The City shall not enter into an exclusive arrangement with any Person for use of a Public Right-of-Way for the Collocation 12 of a Small Wireless Facility or for the installation or operation of a Wireless Support Structure. (6) Unauthorized Small Wireless Facility. No Person shall install, mount, modify, operate, or replace a Small Wireless Facility in the Public Right-of-Way or on City- owned property, or install or replace a Wireless Support Structure without first obtaining a Small Wireless Facility Permit from the City. (a) If an unauthorized Small Wireless Facility or Wireless Support Structure is discovered, the Department shall provide written notice to the owner of the unauthorized Small Wireless Facility within five days of discovery of the unauthorized Small Wireless Facility. If an owner of an unauthorized Small Wireless Facility or Wireless Support Structure cannot be reasonably identified, the Department need not provide any written notice. (b) If the owner of an unauthorized Small Wireless Facility or Wireless Support Structure can be reasonably identified, the Department may remove the unauthorized Small Wireless Facility or Wireless Support Structure without incurring liability to the owner of the Small Wireless Facility or Wireless Support Structure and at the owner’s sole expense no sooner than five days after providing notice of the Department’s discovery of the unauthorized Small Wireless Facility or Wireless Support Structure to the owner. (c) If the owner of an unauthorized Small Wireless Facility or Wireless Support Structure cannot be reasonably identified, the Department may remove the unauthorized Small Wireless Facility or Wireless Support Structure without incurring liability to the owner of the Small Wireless Facility or Wireless Support Structure and at the owner’s sole expense. (7) Relocation. The Department may require a Permittee to relocate or modify a Small Wireless Facility or Wireless Support Structure in a Public Right-of-Way or on City-owned property in a timely manner and at the Permittee’s cost if the Department determines that such relocation or modification is required to protect public health, safety and welfare, or to prevent interference with other facilities authorized pursuant to this chapter, or to prevent interference with public works projects of the Department. (8) Security Required. Each Permittee shall submit and maintain with the Department a bond, cash deposit, or other security acceptable to the Department, in a form and amount determined by the Department in accordance with the General Standards, securing the faithful performance of the obligations of the Permittee and its agents under any and all Small Wireless Facility Permits issued to the Permittee under this Chapter. If, in accordance with this Chapter, the Department deducts any amounts from such security, the Permittee must restore the full amount of the security prior to the Department’s issuance of any subsequent Small Wireless Facility Permit. The Department shall return or cancel the security should the Permittee cease to operate 13 any Small Wireless Facilities in the Right-of-Way. (9) Payment of Fees Required. A Small Wireless Facility Permit shall not be issued prior to the complete payment of all applicable Fees. (10) Notice of Assignment Required. A Permittee upon or within 30 calendar days after transfer, assignment, conveyance, or sublet of an attachment that changes the permit and/or billing entity or ownership responsibilities shall provide written notification to the Department. § 305.07 SMALL WIRELESS FACILITY PERMIT TERM (1) Term. A Small Wireless Facility Permit for a Small Wireless Facility in the Public Right-of-Way shall have a term equal to the length of time that the Small Wireless Facility is in use, unless the Small Wireless Facility Permit is revoked under this Chapter or is otherwise allowed to be limited by Applicable Law. The term for all other Small Wireless Facility Permits shall be for a period of up to 10 years. § 305.08 DENIAL OR REVOCATION OF A SMALL WIRELESS FACILITY PERMIT (1) Permit Denial. The Department may deny any Small Wireless Facility Permit if the Applicant does not comply with all provisions of this Chapter, or if the Department determines that the denial is necessary to protect public health, safety, and welfare, or when necessary to protect the Public Right-of-Way and its current use. (2) Permit Revocation. The Department may revoke a Small Wireless Facility Permit, with or without refund, in the event of a substantial breach of the terms and conditions of any statute, ordinance, rule, or regulation, or any material condition of the Small Wireless Facility Permit. A substantial breach includes, but is not limited to, the following: (a) a material violation by act or omission of a provision of a Small Wireless Facility Permit; (b) an evasion or attempt to evade any material provision of a Small Wireless Facility Permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; (c) a material misrepresentation of fact in a Small Wireless Facility Permit Application; (d) a failure to correct, in a timely manner, Collocation of a Small Wireless Facility or installation or replacement of a Wireless Support Structure that does not conform to applicable standards, conditions, or codes, upon inspection and notification by the Department of the faulty condition; (e) a Permittee fails to make timely payments of any fees due, and does not correct such failure within 20 days after receipt of written notice by the City of such failure; 14 (f) a Permittee becomes insolvent, unable or unwilling to pay its debts, is adjudged bankrupt, or all or part of its Small Wireless Facilities or Wireless Support Structures are sold under an instrument to secure a debt and is not redeemed by the Permittee within 60 days; or (g) a failure to complete Collocation of a Small Wireless Facility or installation, modification, or replacement of a Wireless Support Structure within 270 days of the date a Small Wireless Facility Permit authorizing such activity is granted, unless the Department and the Permittee agree to extent the two-hundred seventy day period or there is a lack of commercial power or communications transport infrastructure to the installation site. (1) Written Notice Required. Any denial or revocation of a Small Wireless Facility Permit shall be made in writing and shall document the basis for the denial or revocation. The Department shall notify the Applicant or Permittee in writing within three days of a decision to deny or revoke a Small Wireless Facility Permit. If a Small Wireless Facility Permit Application is denied, the Applicant may cure the deficiencies identified by the Department and submit its Application. If the Applicant resubmits the Application within 30 days of receiving written notice of the denial, it may not be charged an additional filing or processing fee. The Department must approve or deny the revised application within 30 days after the revised application is submitted. If Small Wireless Facility Permit or Wireless Support Structure Permit is revoked, the Small Wireless Facility or Wireless Support Structure shall be subject to removal in accordance with Section 305.11 (Removal of a Small Wireless Facility or Wireless Support Structure). § 305.09 CITY INSPECTION OF A SMALL WIRELESS FACILITY OR WIRELESS SUPPORT STRUCTURE (1) Inspection Permitted. The Department may inspect, at any time, a Permittee’s Collocation of a Small Wireless Facility or installation or replacement of a Wireless Support Structure. The Department shall determine during an inspection whether the Permittee’s Small Wireless Facility or Wireless Support Structure is in accordance with the requirements of the Permittee’s applicable Small Wireless Facility Permit and other Applicable Law. (2) Suspension of Activities. During an inspection, if the Department determines that a Permittee has violated any material term of the Permittee’s Small Wireless Facility Permit or this Chapter, the Department may suspend the Permittee’s Small Wireless Facility Permit. The Department shall provide prompt written notice of any suspension to a Permittee, including the violations giving rise to the suspension. A suspension under this Paragraph is effective until a Permittee corrects the alleged violation(s), at the Permittee’s sole expense. If the violation(s) are not corrected within 30 days after the date of such notice, the Small Wireless Facility or Wireless Support Structure shall be subject to removal in accordance with Section 305.11 (Removal of a Small Wireless Facility or Wireless Support Structure). A Permittee may appeal any suspension issued under this paragraph to the Department as 15 provided in Section 305.12 (Appeals). § 305.10 ABANDONMENT (1) Abandoned Small Wireless Facilities and Wireless Support Structures. Where a Small Wireless Facility or Wireless Support Structure is not properly maintained or has not been used for the primary purpose of providing Wireless Services for 12 consecutive months, the Department may designate the Small Wireless Facility or Wireless Support Structure as abandoned. The Department shall provide written notice to a Permittee within 10 days of the Permittee’s Small Wireless Facility or Wireless Support Structure being designated as abandoned. § 305.11 REMOVAL OF A SMALL WIRELESS FACILITY OR WIRELESS SUPPORT STRUCTURE (1) Removal Permitted. The Department may remove, at Permittee’s expense, or require a Permittee to remove, any Small Wireless Facility or Wireless Support Structure if: (a) The Small Wireless Facility Permit or Wireless Support Structure Permit is revoked under this Chapter or expires without renewal; or (b) The Small Wireless Facility or Wireless Support Structure is designated by the Department as abandoned under Section 305.10 (Abandonment). (2) Notice to Permittee; Time to Remove. The Department shall provide written notice to the Permittee that it must remove a Small Wireless Facility or Wireless Support Structure under this section, including the reasons therefor. If the Permittee does not remove the Small Wireless Facility or Wireless Support Structure within 30 days after the date of such notice, the Department may remove it at the Permittee’s expense without further notice to the Permittee. § 305.12 APPEALS (1) Appeal. An Applicant or Permittee may have the denial or revocation of a Small Wireless Facility Permit, or fees and costs required by this Chapter reviewed, upon written request, by the City Council or its designee. The City Council or its designee shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council or its designee affirming a denial, revocation, or fee shall be in writing and supported by written findings establishing the reasonableness of the decision. § 305.13 INSURANCE (1) Minimum Coverage. The Department shall require that each Permittee maintain in full force and effect, throughout the term of a Small Wireless Facility Permit, an insurance policy or policies issued by an insurance company or companies 16 satisfactory to the City's Risk Manager. Such policy or policies shall, at a minimum, afford insurance covering all of the Permittee’s operations, vehicles, employees, agents, subcontractors, successors, and assigns: (a) Workers' compensation, in statutory amounts, with employers' liability limits not less than $500,000 each accident, injury, or illness; (b) Commercial general liability insurance with limits not less than $2,000,000 each occurrence combined single limit for bodily injury and property damage, including contractual liability, personal injury, products and completed operations; (c) Commercial automobile liability insurance with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage, including owned, non-owned and hired auto coverage, as applicable; and (d) Contractors' pollution liability insurance, on an occurrence form, with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage and any deductible not to exceed $25,000 each occurrence. (2) Insurance Requirements. Each Permittee’s insurance policy or policies are subject to the following: (a) Said policy or policies shall include the City and its officers and employees jointly and severally as additional insureds, shall apply as primary insurance, shall stipulate that no other insurance effected by the City will be called on to contribute to a loss covered thereunder, and shall provide for severability of interests. (b) Said policy or policies shall provide that an act or omission of one insured, which would void or otherwise reduce coverage, shall not reduce or void the coverage as to any other insured. Said policy or policies shall afford full coverage for any claims based on acts, omissions, injury, or damage which occurred or arose, or the onset of which occurred or arose, in whole or in part, during the policy period. (c) Said policy or policies shall be endorsed to provide 30 calendar days advance written notice of cancellation or any material change to the Department. (d) Should any of the required insurance be provided under a claims-made form, a Permittee shall maintain such coverage continuously throughout the term of a Small Wireless Facility Permit, and, without lapse, for a period of three years beyond the expiration or termination of the Small Wireless Facility Permit, to the effect that, should occurrences during the term of the Small Wireless Facility Permit give rise to claims made after expiration or termination of the Small Wireless Facility Permit, such claims shall be covered by such claims- made policies. 17 (e) Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall be double the occurrence or claims limits specified herein. (3) Indemnity Obligation. Such insurance shall in no way relieve or decrease a Permittee’s or its agent’s obligation to indemnify the City pursuant to this Chapter. (4) Proof of Insurance. Before the Department will issue a Small Wireless Facility Permit, an Applicant shall furnish to the Department certificates of insurance and additional insured policy endorsements with insurers that are authorized to do business in the State of Minnesota and that are satisfactory to the Department evidencing all coverages set forth herein. § 305.14 INDEMNIFICATION AND DEFENSE OF CITY (1) Indemnification of City. As a condition of issuance of a Small Wireless Facility Permit, each Permittee agrees on its behalf and on behalf of its agents, successors, or assigns, to indemnify, defend, protect, and hold harmless the City from and against any and all claims of any kind arising against the City as a result of the issuance of the Small Wireless Facility Permit including, but not limited to, a claim allegedly arising directly or indirectly from the following: (a) Any act, omission, or negligence of a Permittee or its any agents, successors, or assigns while engaged in the permitting or Collocation of any Small Wireless Facility or installation or replacement of any Wireless Support Structure, or while in or about the Public Right-of-Way that are subject to the Small Wireless Facility Permit for any reason connected in any way whatsoever with the performance of the work authorized by the Small Wireless Facility Permit, or allegedly resulting directly or indirectly from the permitting or Collocation of any Small Wireless Facility or installation or replacement of any Wireless Support Structure authorized under the Small Wireless Facility Permit; (b) Any accident, damage, death, or injury to any of a Permittee's contractors or subcontractors, or any officers, agents, or employees of either of them, while engaged in the performance of Collocation of any Small Wireless Facility or installation or replacement of any Wireless Support Structure authorized by a Small Wireless Facility Permit, or while in or about the Public Right-of-Way that are subject to the Small Wireless Facility Permit, for any reason connected with the performance of the work authorized by the Small Wireless Facility Permit, including from exposure to radio frequency emissions; (c) Any accident, damage, death, or injury to any Person or accident, damage, or injury to any real or personal property in, upon, or in any way allegedly connected with the Collocation of any Small Wireless Facility or installation or 18 replacement of any Wireless Support Structure authorized by a Small Wireless Facility Permit, or while in or about the Public Right-of-Way that are subject to the Small Wireless Facility Permit, from any causes or claims arising at any time, including any causes or claims arising from exposure to radio frequency emissions; and (d) Any release or discharge, or threatened release or discharge, of any hazardous material caused or allowed by a Permittee or its agents about, in, on, or under the Public Right-of-Way. (2) Defense of City. Each Permittee agrees that, upon the request of the Department, the Permittee, at no cost or expense to the City, shall indemnify, defend, and hold harmless the City against any claims as set forth in this Section, regardless of the alleged negligence of the City or any other party, except for claims resulting directly from the sole negligence or willful misconduct of the City. Each Permittee acknowledges and agrees that it has an immediate and independent obligation to defend the City from any claims that actually or potentially fall within the indemnity provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to the Permittee or its agent by the City and continues at all times thereafter. Each Permittee further agrees that the City shall have a cause of action for indemnity against the Permittee for any costs the City may be required to pay as a result of defending or satisfying any claims that arise from or in connection with a Small Wireless Facility Permit, except only for claims resulting directly from the sole negligence or willful misconduct of the City. Each Permittee further agrees that the indemnification obligations assumed under a Small Wireless Facility Permit shall survive its expiration or completion of Collocation of any Small Wireless Facility authorized by the Small Wireless Facility Permit. (3) Additional Requirements. The Department may specify in a Small Wireless Facility Permit such additional indemnification requirements as are necessary to protect the City from risks of liability associated with the Permittee's Collocation of any Small Wireless Facility or installation or replacement of any Wireless Support Structure. § 305.15 FEES AND COSTS (1) Application Fees. The Department shall charge a fee for reviewing and processing a Small Wireless Facility Permit Application. The purpose of this fee is to enable the Department to recover its costs directly associated with reviewing a Small Wireless Facility Permit Application. (a) The Department shall charge a fee of $500 for a Small Wireless Facility Permit Application seeking to Collocate up to five Small Wireless Facilities. This fee shall increase by $100 for each additional Small Wireless Facility that an Applicant seeks to Collocate. 19 (b) The Department shall charge a fee of $1,000 for a Small Wireless Facility Permit Application seeking to install or replace a Wireless Support Structure in addition to Collocating of a Small Wireless Facility on the Wireless Support Structure. Commencing January 1, 2020, the Department shall adjust the Application Fees annually by the consumer price index for the Minneapolis-St. Paul area. (2) Annual Small Wireless Facility Permit Fee. The Department shall charge an Annual Small Wireless Permit Fee for each Small Wireless Facility Permit issued to a Permittee. The Annual Small Wireless Permit Fee shall be determined by the Director and listed in the City’s Fee Schedule. The Annual Small Wireless Permit Fee shall be based upon the recovery of the City’s rights-of-way management costs. (3) City-Owned Wireless Support Structure Fees. The Department shall charge the following fees to the owner of any Small Wireless Facility Collocated on a Wireless Support Structure owned by the City or its assigns located in the Public Right-of- Way: (a) $150 per year for rent to occupy space on the Wireless Support Structure; (b) $25 per year for maintenance associated with the space occupied on the Wireless Support Structure; and (c) a monthly fee for electricity used to operate the Small Wireless Facility, if not purchased directly from a utility, at the rate of: i. $73 per radio node less than or equal to 100 max watts; ii. $182 per radio node over 100 max watts; or iii. the actual costs of electricity if the actual costs exceed the above. The applicant may opt to pay an annual fee upfront for the cost of electricity based on an annualized calculation. (4) City-Owned Property Fees. The Department shall charge an annual fee for collocating Small Wireless Facilities on City-owned property not located in the public right-of-way. The Department shall determine a reasonable and nondiscriminatory annual fee on a per location and per request basis. (5) Discretion to Require Additional Fees. In instances where the review of a Small Wireless Facility Permit Application is or will be unusually costly to the Department, the Director, in his or her discretion, may, after consulting with other applicable City departments, agencies, boards, or commissions, require an Applicant to pay a sum in excess of the other fee amounts charged pursuant to this Section. This additional sum shall be sufficient to recover the actual, reasonable costs incurred by the Department and/or other City departments, agencies, boards, or commissions, in connection with a Small Wireless Facility Permit Application and shall be charged on a time and materials basis. Whenever additional fees are 20 charged, the Director, upon request, shall provide in writing the basis for the additional fees and an estimate of the additional fees. The Department may not require a fee imposed under this Chapter through the provision of in-kind services by an Applicant as a condition of consent to use to City’s Public Right-of-Ways or to obtain a Small Wireless Facility Permit. (6) Reimbursement of City Costs. The Department may determine that it requires the services of an expert in order to evaluate a Small Wireless Facility Permit Application. In such cases, the Department shall not issue a Small Wireless Facility Permit pursuant to the Application unless the Applicant agrees to reimburse the Department for the actual, reasonable costs incurred for the services of a technical expert. § 305.16 SEVERABILITY (1) Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Chapter or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any part thereof. SECTION TWO: Section 304.03(1) of the Lino Lakes City Code is hereby amended, as follows: § 304.03 PERMIT REQUIREMENT. (1) Permit required. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way, including county roads or state highways within the city, collocate a small wireless facility, or install or replace a wireless support structure in addition to collocate a small wireless facility on the wireless support structure without first having obtained the appropriate permit from the city. (a) Excavation permit. An excavation permit is required to excavate that part of the right-of-way described in the permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein. (b) Obstruction permit. An obstruction permit is required to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. (c) Small wireless facility permit. A small wireless facility permit is required to collocate a small wireless facility in the right-of-way or to install or replace a wireless support structure in the right-of-way in addition to collocating a small 21 wireless facility on the wireless support structure, to the extent and for the duration described in Chapter 305 of the Lino Lakes City Code. SECTION THREE: Section 1007.053(1) of the Lino Lakes Zoning Code is hereby amended, as follows: § 1007.053 ANTENNAS. (1) Purpose and Intent. The purpose of this section is to establish predictable and balanced regulations for the siting and screen of wireless communications equipment in order to accommodate the growth of wireless communication systems within the City of Lino Lakes while protecting the public against any adverse impacts on the City’s aesthetic resources and the public welfare. The provisions of the section are intended to maximize the use of existing towers, structures, and buildings to accommodate new wireless telecommunication antennas in order to minimize the number of towers needed to serve the community. The Collocation of a Small Wireless Facility and the installation or replacement of a Wireless Support Structure in connection with the Collocation of a Small Wireless Facility on the Wireless Support Structure is subject to Chapter 305 of the Lino Lakes City Code. Adopted by the Lino Lakes City Council this ____ day of __________________, 2019. The motion for the adoption of the foregoing ordinance was introduced by Councilmember _____________ and was duly seconded by Councilmember ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 3B STAFF ORIGINATOR: Karissa Bartholomew, Human Resources Manager MEETING DATE: October 28, 2019 TOPIC: Consider Appointment of Environmental Coordinator VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Andrew Nelson to the Environmental Coordinator position in the Community Development Department. BACKGROUND Current Environmental Coordinator Marty Asleson is retiring with the City at the end of November. At this time, staff has completed the recruitment process, provided a conditional offer, and is recommending the approval of Andrew Nelson for the position. Nelson holds a Bachelor’s Degree in Conservation Biology and has over ten years of experience in forestry and natural resources. Nelson also is a certified arborist, tree inspector, and holds a pesticide applicator license. The hourly rate of pay would be $31.79, which is step 3 of the wage schedule. The wage schedule has 6 steps. With the Council’s approval, Nelson would start in the position before the end of November. RECOMMENDATION Approve the appointment of Andrew Nelson for the Environmental Coordinator position. CITY COUNCIL AGENDA ITEM 3C STAFF ORIGINATOR: Karissa Bartholomew, Human Resources Manager MEETING DATE: October 28, 2019 TOPIC: Consider Appointment of Police Officer VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Matthew Carlson to a vacant Police Officer position in the Public Safety Department. BACKGROUND There are two vacant Police Officer positions within the Public Safety Department. At this time, staff has completed a recruitment process, provided a conditional offer, and is recommending the approval of Matthew Carlson for the position. Mr. Carlson holds a Bachelor’s degree in Sociology with a minor in Criminal Justice, meets all POST mandated requirements to be a Police Officer in the State, and brings with him seven years of experience as a Police Officer. The hourly rate of pay would be $32.91, which is in between step two and three of the union wage schedule. The wage schedule has four steps. With the Council’s approval, Carlson would start in the position of Police Officer near the end of November. RECOMMENDATION Approve the appointment of Matthew Carlson for the Police Officer position. CITY COUNCIL AGENDA ITEM 4 STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: October 28, 2019 TOPIC: Sale of Fire Pagers VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Public Safety Department is requesting Council authorization to sell twenty (20) Minitor fire pagers to Jackson Fire Department, ten (10) Minitor Fire Pagers to the Sandborn Fire Department, and ten (10) Minitor Fire Pagers to the Jeffers Fire Department. BACKGROUND Anoka County Central Communications upgraded the fire paging system for the entire County in late 2018 and early 2019. As part of that upgrade all fire agencies were issued new 800 MHz fire pagers. These pagers were provide at no cost to all Anoka County fire personnel. Lino Lakes personnel has been utilizing the new 800 MHz fire pagers for several months now. The Minitor Fire Pagers that staff used prior to issuance of new 800 MHz pagers will no longer work on the upgraded 800 MHz fire paging system. Staff listed the other fire pagers on two fire industry sites and the League of MN Cities website. Three southern Minnesota fire departments have expressed an interest in purchasing our old Minitor Fire Pagers for $200 per pager. Attached to this staff report are letters from Sanford Fire Chief Phil Markman, Sanborn Fire Chief Wade Warner, and Jeffers Fire Chief Mark Meyer. Also attached is a photo of Minitor Fire Pager. It should be noted that the City of Lino Lakes purchased Minitor Fire Pagers in September of 2015 for $443 per pager. RECOMMENDATION Staff recommends the Council approve the sale of Minitor Fire Pagers as listed below with the proceeds from the sale of these fire pagers deposited into the Equipment Replacement Fund - Fire. Jackson Fire Department - 20 fire pagers at $200 each for a total of $4,000.00 Sanborn Fire Department - 10 fire pagers at $200 each for a total of $2,000.00 Jeffers Fire Department - 10 fire pagers at $200 each for a total of $2,000.00 ATTACHMENTS Jackson Fire Department letter dated 10.14.2019 Sanborn Fire Department letter dated 10.15.2019 Jeffers Fire Department letter dated 10.15.2019 Photo of Minitor Fire Pager 1 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: October 28, 2019 TOPIC: Consider Second Reading of Ordinance No. 09-19 Rezoning Property from GB, General Business to LI, Light Industrial for Direct Bore, Inc. (502 & 510 Lilac Street) *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of the 2nd reading of the proposed ordinance to rezone certain property from GB, General Business to LI, Light Industrial for Direct Bore, Inc. The 1st reading was approved by Council on October 14, 2019. BACKGROUND The applicant, SC Goldade Properties, is proposing to operate their directional boring company, Direct Bore, Inc., at 502 & 510 Lilac Street. Rezoning of the property is required for open and outdoor storage of reel and flatbed trailers. The rezoning is consistent with the Zoning Ordinance and Comprehensive Plan as detailed in the Findings of Fact listed in Ordinance No. 09-19. RECOMMENDATION The Planning & Zoning Board held a public hearing on September 11, 2019. The Board voted 6- 0 in favor of the rezoning for Direct Bore, Inc. ATTACHMENTS 1. Ordinance No. 09-19 1 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 09-19 ORDINANCE TO REZONE PROPERTY FROM GB, GENERAL BUSINESS TO LI, LIGHT INDUSTRIAL FOR DIRECT BORE, INC. (502 AND 510 LILAC STREET) The City Council of Lino Lakes ordains: Section 1: Findings of Fact 1. The City received a Land Use Application to rezone certain property from GB, General Business to LI, Light Industrial. 2. The Planning and Zoning Board held a public hearing on September 11, 2019 and made recommendation to the City Council to approve the rezoning. 3. Per Section 1007.015 (5), the Planning and Zoning Board shall consider possible adverse effects of the proposed rezoning and its judgement shall be based upon, but not limited to, the following factors: (a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The proposed construction-related business and open and outdoor storage area is consistent with the Comprehensive Plan with the required rezoning and plan revisions as detailed in the October 14, 2019 Council staff report. (b) The proposed use is or will be compatible with present and future land uses of the area. The proposed construction-related business and open and outdoor storage area is compatible with present and future land uses. The adjacent areas are zoned and guided for industrial and commercial uses. The single family house is a non-conforming use and may continue if compliant with Section 1007.041of the Zoning Code. (c) The proposed use conforms with all performance standards contained herein. The proposed construction-related business and open and outdoor storage area conforms with all performance standards if conditions listed in Resolution No. 19-129 are met. 2 (d) The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. The proposed construction-related business and open and outdoor storage area can be accommodated with the existing 12” municipal watermain and 8” municipal sanitary sewer. (e) Traffic generation by the proposed use is within capabilities of streets serving the property. The proposed construction-related business and open and outdoor storage do not change the level of service along Lilac Street. It is a minor collector road and is capable of handling the traffic volume proposed by the construction-related business. Section 2: Amendment The Zoning Ordinance of the City of Lino Lakes is hereby amended to zone the following described property from GB, General Business to LI, Light Industrial. Section 3: Legal Description The parcel is depicted on Exhibit A attached herein and legally described as follows: PARCEL 1: All that part of the Northeast Quarter of the Northwest Quarter of Section Seventeen (17), Township Thirty-one (31) North, Range Twenty-two (22) West, Anoka County, Minnesota described as follows: Beginning at the Northwest corner of said Northeast Quarter of the Northwest Quarter of Section 17; thence East 0 degrees 00 minutes, along the North line thereof, 160 feet; thence South 0 degrees 00 minutes, 300 feet, thence West 0 degrees 00 minutes, 155.96 feet to the point of intersection thereof with the West line of said Northeast Quarter of the Northwest Quarter; thence North 0 degrees 46 minutes 15 seconds West along said West line, 300.03 feet to the point of beginning, Subject to Lilac Street along the north line thereof. PARCEL 2: All that part of the Northeast Quarter of the Northwest Quarter of Section Seventeen (17), Township Thirty-one (31) North, Range Twenty-two (22) West, Anoka County, Minnesota described as follows: Commencing at the Northwest corner of said Northeast Quarter of the Northwest Quarter of Section 17; thence East 0 degrees 00 minutes, along the North line thereof, 160 feet to the point of beginning; thence continuing East 0 degrees 00 minutes along the North line 3 thereof 72.6 feet,; thence South 0 degrees 00 minutes 300 feet; thence West 0 degrees 00 minutes 72.6 feet, thence North 0 degrees 00 minutes 300 feet to the point of beginning. PARCEL 3: That part of the Northeast Quarter of the Northwest Quarter of Section 17, Township 31, Range 22, Anoka County, Minnesota. Commencing at the Northwest corner of said Northeast Quarter of Section 17, thence on an assumed bearing of East 0 degrees 00 minutes, along the North line of said Northeast Quarter of Northwest Quarter, a distance of 358.7 feet; thence South 0 degrees 00 minutes a distance of 300 feet to the point of beginning; thence continuing South 0 degrees 00 minutes a distance of 125 feet; thence West 0 degrees 00 minutes, a distance of 352.98 feet to the west line of said Northeast Quarter of Northwest Quarter; thence North 0 degrees 46 minutes 15 seconds West, a distance of 125.01 feet to the point of intersection with a line that bears West 0 degrees 00 minutes from the point of beginning; thence East 0 degrees 00 minutes, along said line, a distance of 354.66 feet to the point of beginning. EXCEPT that part platted as Parcel 21, CITY OF LINO LAKES RIGHT-OF- WAY PLAT NO. 2. Section 4: Development Regulations The development shall conform to the plans, requirements, and conditions of approval as listed in Council Resolution No. 19-129. Section 5: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this ____ day of __________________, 2019. The motion for the adoption of the foregoing ordinance was introduced by Council Member_____________and was duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk POINT # ELEVATION SPECIES CALIPER QUANTITY2019 907.2 PINE 10 N/A2020 907.2 WALNUT 6 N/A2041 907.7 SPRUCE 14 N/A2042 907.8 SPRUCE 12 N/A2045 906.8 PINE 12 N/A2046 906.5 PINE 12 N/A2047 908.2 ASH 24 N/A2048 907.7 SPRUCE 16 N/A2049 907.6 SPRUCE 20 N/A2050 907.1 SPRUCE 18 N/A2051 907.6 SPRUCE 20 N/A2053 907.2 SPRUCE 16 N/A2054 907.4 SPRUCE 10 N/A2081 907.3 ELM 12 22084 907.2 SPRUCE 10 N/A2086 907.3 SPRUCE 10 N/A2087 907.1 ELM 8 N/A2088 907.0 ELM 6 22090 907.4 BOX ELDER 10 N/A2091 907.1 SPRUCE 12 N/A2092 907.3 SPRUCE 10 N/A2093 906.4 PINE 12 N/A2094 906.3 PINE 12 N/A2095 906.6 ELM 8 N/A2097 907.0 CRAB 6 62098 908.3 ASH 22 N/A2113 907.5 BASSWOOD 24 N/A2138 907.0 SPRUCE 14 N/A2139 907.4 PINE 10 N/A2140 907.3 PINE 10 N/A2141 907.7 BOX ELDER 22 N/A2142 907.0 BOX ELDER 6 22143 907.0 BOX ELDER 14 32144 906.9 BOX ELDER 12 22145 906.6 PINE 14 N/A2147 907.0 BOX ELDER 12 42148 906.5 PINE 10 N/A2149 906.3 PINE 8 N/A2150 906.1 PINE 10 N/A2151 906.1 PINE 8 N/A2153 906.4 BOX ELDER 10 22154 906.2 BOX ELDER 8 22155 906.3 PINE 10 22156 906.5 PINE 14 N/A2157 908.1 HAC 16 N/A2158 906.4 BOX ELDER 14 N/A2159 906.4 BOX ELDER 16 N/A2160 906.3 BOX ELDER 14 N/A2161 906.4 BOX ELDER 8 N/A2163 907.5 SPRUCE 6 N/A2164 907.1 SPRUCE 6 N/A2165 907.4 SPRUCE 10 N/A2166 906.4 SPRUCE 8 N/A2167 907.2 SPRUCE 6 N/A2168 907.1 SPRUCE 10 N/A2169 907.1 SPRUCE 10 N/A2170 906.9 SPRUCE 6 N/A2171 907.3 SPRUCE 8 N/A2172 907.5 SPRUCE 12 N/A2173 907.0 SPRUCE 12 N/A2174 907.5 SPRUCE 10 N/A2175 907.8 SPRUCE 10 N/A2176 907.8 SPRUCE 10 N/A2177 907.8 SPRUCE 10 N/A2178 907.8 SPRUCE 10 N/A2179 907.8 SPRUCE 8 N/A2180 908.1 SPRUCE 8 N/A2181 907.7 SPRUCE 8 N/A2182 907.6 SPRUCE 8 N/A2183 907.8 SPRUCE 8 N/A2184 908.2 SPRUCE 10 N/A2185 908.1 SPRUCE 10 N/A2186 908.7 SPRUCE 8 N/A2187 908.7 SPRUCE 8 N/A2188 908.6 SPRUCE 10 N/A2189 908.4 SPRUCE 10 N/A2190 907.7 PINE 12 N/A2191 906.5 ELM 12 N/A2192 906.7 BOX ELDER 10 N/A2193 906.9 PINE 12 2 1 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: October 28, 2019 TOPIC: Watermark 2nd Addition i. Consider Resolution No. 19-137 Approving PUD Final Plan/Final Plat ii. Consider Resolution No. 19-138 Approving Development Agreement VOTE REQUIRED: 3/5 INTRODUCTION Watermark is a 372 acre master planned residential community consisting of 692 single family lots and 172 townhome units totaling 864 housing units. Lennar submitted a Land Use Application for Watermark 2nd Addition PUD Final Plan/Final Plat. The 2nd Addition proposes 57 single family lots and 4 outlots. Previous Council approvals include: • June 13, 2016: Resolution No. 16-51 approving PUD Development Stage Plan/Preliminary Plat • October 9, 2017: Resolution No. 17-95 approving Amendment #1 to Land Use Plan • December 11, 2017: Resolution No. 17-133 approving Amendment #2 to Architectural Design Standards • June 11, 2018: Resolution No. 18-69 approving Grading and Trunk Utility Agreement • December 10, 2018: Resolution No. 18-143 approving Watermark 1st Addition PUD Final Plan/Final Plat • December 10, 2018: Resolution No. 18-144 approving Master Development Agreement • December 10, 2018: Resolution No. 18-145 approving Watermark Development Agreement The following staff report is based on the following information received by the City on June 17, 2019: • Specifications prepared by Carlson McCain dated June 6, 2019 • Stormwater Management Plan prepared by Carlson McCain Revision 2.0 dated September 3, 2019 • Watermark 2nd Addition Final Plat prepared by Carlson McCain date stamped September 4, 2019 2 • Watermark 2nd Addition Sanitary Sewer, Watermain, Storm Sewer and Street Construction Plans prepared by Carlson McCain dated June 6, 2019 • Watermark Grading, Development & Erosion Control Plan prepared by Carlson McCain revision date June 7, 2019 • Watermark 2nd Addition Landscape Plans L1-L4 prepared by Carlson McCain dated June 6, 2019 • Watermark 2nd Addition Home Plans Booklet prepared by Lennar dated July 1, 2019 • Watermark 2nd Addition House Plans prepared by Lennar date stamped June • Watermark Architectural Standards Matrix ANALYSIS PUD Development Stage Plan/Preliminary Plat The PUD Development Stage Plan approved via Resolution No. 16-51 establishes Watermark’s overall land use plan, street and utility layout, parks and open space plan, architectural design standards, landscaping and lot development standards. These standards are summarized in the PUD Master Plan Booklet and are incorporated as part of the Master Development Agreement. Each phase (i.e. addition) of development shall submit a PUD Final Plan consistent with the PUD Development Stage Plan. In October 2017, Council approved an amendment to the PUD Development Stage Plan’s overall Land Use Plan. The Land Use Plan established 871 housing units. As the applicant has worked through final plan design to address City and RCWD comments from the preliminary plat, the number of 55’ wide Villas was reduced from 127 units to 120 units. The net number of housing units is now 864. The net density is 3.39 units per acre and is consistent with the comprehensive plan’s required 3.0 to 4.5 units per acre. October 2018 Gross Area (acres) 372.24 Wetlands & Water Bodies 45.09 Public Parks & Open Space 66.25 Arterial ROW 5.46 Other (Undevelopable) 0.62 Net Area (acres) 254.82 # of Housing Units 864 Gross Density (units/acre) 2.32 Net Density (units/acre) 3.39 Grading and Trunk Utility Improvements Lennar commenced grading and trunk utility improvements in September 2018. Phase I grading limits incorporate approximately 150 acres (south 1/3 of the development). 3 The 2nd Addition will start a second phase (Phase II) of grading. The Phase II grading area is approximately 23.5 acres and the 2nd Addition final plat “developed lot” area is approximately 14 acres. PUD Final Plan Watermark 2nd Addition proposes to construct 57 single family lots. The PUD Final Plan is consistent with the PUD Development Stage Plan in regards to the land use plan, street and utilities, parks and open space, lot standards and landscaping. The following housing types and products proposed for the 2nd Addition are consistent with the Land Use Plan. Housing Type Lot Width Housing Product # Units Single Family 65’-75’ Landmark & Discovery 37 Single Family 55’-60’ Lifestyle Villas 20 TOTAL 57 Architectural Standards Resolution No. 17-133 details required architectural design standards for the Watermark development. As required, a summary booklet titled Watermark 2nd Addition Home Plans was submitted as part of the 2nd Addition PUD Final Plan. In reviewing the one-story villa house plans, it was realized that Resolution No. 17-133 did not take into account the option for one- story villas with 3 stall garages. In August 2019, Lennar submitted a PUD Amendment #3- Architectural Design Standards to allow for this type of housing product. The City Council approved the amendment on October 14, 2019 with Resolution No. 19-131. The booklet includes an Architectural Standards Matrix detailing compliance of the Landmark & Discovery housing products with Resolution No. 17-133 and No. 19-131 in regards to exterior materials and styles, house elevations and garage and porch requirements. Per the matrix, there are 15 different single family house plans with a combination of over 60 different elevations and floor plans proposed for the 2nd Addition. Color packages and anti-monotony plans should be included in the Watermark 2nd Addition Product Booklet to ensure that the homes elevations are varied with a minimum of five different styles and those homes in proximity to each other not look alike in terms of the combination of color of siding, accent and roofing materials. Coventry by Alside vinyl siding with .042” panel thickness is proposed on all the housing units. One requirement of Resolution No. 17-133 and depicted on page 28 of the PUD Master Plan Booklet is the incorporation of an architectural feature into side and rear elevations that are visible from 20th Avenue (CSAH 54), 21st Avenue N. and the public park. The Watermark 2nd Addition Home Plans booklet should include a “High Visibility Structures” exhibit specific to the 2nd Addition final plat detailing specific lots and blocks that pertain to the requirement. These architectural features shall also be included on the building permit house plans. 4 In summary, the Landmark and Discovery housing types and products meet the architectural design standards requirements of Resolution No. 17-133. The one-story, 3 stall garage house plans were also approved by Council. Landscaping The Watermark 2nd Addition Site Landscape Plan is consistent with the PUD Development Stage Landscaping Plan. Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code The Watermark 2nd Addition final plat has been reviewed for compliance with the comprehensive plan, zoning and subdivision ordinance. The proposed final plat meets the performance standards of the subdivision and zoning ordinance and is consistent with the PUD Development Stage Plan/Preliminary Plat and Final Plan. Plat Phases The following summarizes the number of lots platted per addition: Addition # SF Lots Remaining #SF Lots # TH Lots Remaining #TH Lots Total # Lots Remaining 692 172 864 1 100 592 93 79 671 2 57 535 0 79 614 Blocks and Lots The final plat creates 57 single family lots and 4 outlots. The following chart summarizes the intended purpose of the outlots: Outlot Purpose A Stormwater Pond 400, Open Space & Trail B Future development C Future development D Future development Outlot A will be deeded, owned and maintained by the HOA. A copy of the recorded deed shall be submitted to the City. As detailed in the Master Development Agreement Section 7.2, the developer shall submit to the City a Restoration and Management Plan for Outlot A. 5 Outlots B, C and D are for future development and ownership will be retained by US Homes Corporation dba Lennar. Easements Standard drainage and utility easements are being dedicated on individual lots and outlots containing stormwater ponds. Street and Utilities The 2nd Addition proposes construction of the following streets which are consistent with the PUD Development Stage Plan: Street Name Right-of-Way Width Street Width (Back to Back) Crane Drive 60 feet 32 feet Forest Lane 60 feet 32 feet Emily Circle 60 feet 32 feet Eden Circle 60 feet 28 feet Diamond Lane 60 feet 28 feet Sheets 13 of the Watermark 2nd Addition Sanitary Sewer, Watermain, Storm Sewer and Street Construction Plans include “Road will be Extended in the Future” signs and locations. Watermain, sanitary sewer main, stormwater facilities, sidewalks and trails are being constructed consistent with the PUD Development Stage Plan. Sidewalk is being installed along both sides of Crane Drive, the south side of Forest Lane and on the west side of Diamond Lane. An 8.5 foot wide bituminous trail is being constructed north of Emily Circle along Outlot A. Public Land Dedication and Fees As approved with Resolution No. 16-51, the City will require the following combination of land dedication and cash is lieu of land dedications: 1. Land dedication for the public and private parks will be credited from the total payment in lieu. 2. Costs for public park improvements and trail construction will be credited from the total payment in lieu. 3. Improvements to the private parks and recreational center will not be credited from the total payment in lieu. An 8.5 foot wide bituminous trail is being constructed north of Emily Circle within Outlot A and these costs will be credited back to the developer. A Permanent Trail Easement with 6 Description Sketch shall be drafted and recorded. The following is a preliminary summary of the land dedication and fees: Watermark 2nd Addition Total # Units = 57 x Park Dedication Fee $3,000 = Cash in Lieu Value $171,000 - Land dedication value $0 - Trail Construction Costs ($3,900) TOTAL CASH FEE DUE = $167,100 The applicant shall provide a construction timeline for the trail along CSAH 54 (20th Avenue) and for the tot lot in the townhome neighborhood. Wetlands Wetland delineations were approved by RCWD and USACE in 2015. The delineation identified 28 wetlands totaling approximately 20 acres in size. The original approved WCA Sequencing Application proposed wetland impacts, wetland creation, wetland restoration and upland buffer establishment. In April 2018, the developer revised the application to purchase 3.3671 acres of wetland banking credits as the proposed compensatory mitigation action. The wetland fill, impacts and mitigation (wetland bank credits) occurred within the Phase I grading limits and are complete. The establishment of the greenway corridor including wetlands, trails and open space on the north end of the Watermark development is a critical component of the project and will be developed in future phases. The Master Development Agreement details the timing, establishment and management of that corridor. An Open Space Easement has been dedicated over outlots containing wetlands, open space, stormwater ponds, berms etc. The Watermark 2nd Addition Final Landscape Plan details the location of required “Protected Open Space Area” signs. A Conservation Easement and Declaration establishing wetland buffer (both favor of RCWD) have been recorded over Wetland 17 as required by RCWD. When the lots abutting this buffer are graded in the future, these signs will be located along the rear lots lines. Development Agreement Master Development Agreement A Master Development Agreement was recorded in March 2019. The Agreement covers the entire 372 acre site and details the terms and conditions of City approvals, the Development 7 Plans, the required public and private improvements as part of the first and subsequent phase, the standards for the timing and financing of the improvements, required HOA documents and the terms of payment. Development Agreement and Planned Unit Development Agreement The City will also require our standard Development Agreement specific to each phase of development. This agreement further details required improvements and securities. The City Engineer has drafted this Agreement for Council approval. Homeowner’s Association Lennar submitted draft Watermark Villas Declaration of Covenants and an example Annexation Amendment to the Neighborhood Declaration of Covenants. The City Attorney has reviewed and approved the documents. The documents shall be recorded. Title Commitment The City Attorney has reviewed the title commitment and final plat and recommends the title work be updated to the date of the plat recording because the date of the title work is July 25, 2019. Stormwater Maintenance Agreement Under the City and RCWD Programmatic Stormwater Management Facility Maintenance Agreement, the City will be responsible for maintenance of theses public facilities. Findings of Fact The Findings of Fact for Watermark 2nd Addition PUD Final Plat/Final Plat are detailed in Resolution No. 19-137 RECOMMENDATION The Planning & Zoning Board reviewed the 2nd Addition PUD Final Plan/Final Plat on October 9, 2019 and recommended approval with a 6-0 vote. ATTACHMENTS 1. Resolution No. 19-137 2. Final Plat 3. Resolution No. 19-138 4. Development Agreement 1 CITY OF LINO LAKES RESOLUTION NO. 19-137 RESOLUTION APPROVING THE PUD FINAL PLAN/FINAL PLAT FOR WATERMARK 2ND ADDITION WHEREAS, the City received an application for Watermark 2nd Addition PUD Final Plan/Final Plat approval hereafter referred to as “Development”; and WHEREAS, City staff has completed a review of the proposed Development based on the following plans and information: • Specifications prepared by Carlson McCain dated June 6, 2019 • Stormwater Management Plan prepared by Carlson McCain Revision 2.0 dated September 3, 2019 • Watermark 2nd Addition Final Plat prepared by Carlson McCain date stamped September 4, 2019 • Watermark 2nd Addition Sanitary Sewer, Watermain, Storm Sewer and Street Construction Plans prepared by Carlson McCain dated June 6, 2019 • Watermark Grading, Development & Erosion Control Plan prepared by Carlson McCain revision date June 7, 2019 • Watermark 2nd Addition Landscape Plans L1-L4 prepared by Carlson McCain dated June 6, 2019 • Watermark 2nd Addition Home Plans Booklet prepared by Lennar dated July 1, 2019 • Watermark 2nd Addition House Plans prepared by Lennar date received July 1, 2019 • Watermark Architectural Standards Matrix; and WHEREAS, the City Council the approved the PUD Development Stage Plan/Preliminary Plat with Resolution No. 16-51 on June 13, 2016; and WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the Development on October 9, 2019; and WHEREAS, the proposed Development is not considered premature and meets the performance standards of the subdivision and zoning ordinance; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 1. The final plat substantially conforms to the approved preliminary plat subject to the conditions listed below. 2 2. The City Attorney reviewed the status of title/property ownership related to the final plat and notes the title commitment shall be updated. 3. A 2nd Addition Development Agreement has been completed. 4. Conditions attached to approval of the preliminary plat have been fulfilled or secured by the Development Agreement. 5. All fees, charges and escrow related to the preliminary or final plat have been paid in full. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approved Watermark 2nd Addition PUD Final Plan/Final Plat subject to the following conditions: 1. Outlot A is preserved as permanent Open Space and shall be owned and maintained by a Homeowner’s Association in accordance with an approved Restoration and Management Plan. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the Development subject to the following items being addressed prior to issuance of building permit within the 2nd Addition: 1. All comments from the City Engineer letter dated October 2, 2019 shall be addressed. 2. The 2nd Addition Development Agreement shall be approved by the City Council, executed and recorded against the property. 3. The title commitment shall be updated to the date of the plat recording. 4. A copy of the recorded deed for Outlot A to the HOA shall be submitted to the City. 5. A copy of the recorded Permanent Trail Easement with Description Sketch for the trail on Outlot A shall be submitted to the City. 6. Copies of the recorded HOA documents shall be submitted to the City. 7. The applicant shall provide a Restoration and Management Plan specific to Outlot A. 8. The applicant shall provide a construction timeline for the trail along CSAH 54 (20th Avenue) and for the tot lot in the townhome neighborhood. 9. Watermark 2nd Addition Home Plans Booklet: a. The 2nd Addition final plat area shall be highlighted on page 2, Land Use Plan. b. Color packages and anti-monotony plans shall be included to ensure that the homes elevations are varied with a minimum of five different styles and those homes in proximity to each other not look alike in terms of the combination of color of siding, accent and roofing materials. c. The booklet shall include a “High Visibility Structures” exhibit specific to the 2nd Addition final plat detailing specific lots and blocks that pertain to the requirement. i. The architectural features shall also be included on the building permit house plans. 3 Adopted by the Council of the City of Lino Lakes this 28th day of October, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGWATERMARKEMILY CIRCLEEDENDIAMONDLANECIRCLELANECRANEDRIVE 2ND ADDITIONSEE DETAIL ASEE DETAIL BSEE DETAIL C(Sheet 2 of3 Sheets)(Sheet 2 of3 Sheets)(Sheet 2 of3 Sheets)(sheet 3 ofINSET 'B'FOREST3 sheets)(sheet 2 ofINSET 'A'3 sheets)Match Line ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGWATERMARK 2ND ADDITIONEMILY CIRCLEEDENFORESTDIAMONDLANECIRCLELANECRANEDRIVE CRANE DRIVEINSET 'B'(see sheet 3of 3 sheets)SEE DETAIL ASEE DETAIL BDETAIL ADETAIL BDIAMOND LANE DETAIL CINSET 'A'Match Line ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGWATERMARK 2ND ADDITIONEMILYCIRCLEFOREST DIAMONDLA N E LANECRANEDRIVECIRCLEEDENINSET 'B' CITY OF LINO LAKES RESOLUTION NO. 19-138 RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR WATERMARK 2ND ADDITION WHEREAS, the City Council approved the PUD Final Plan/Final Plat for Watermark 2nd Addition with Resolution No. 19-138 on October 28, 2019; and WHEREAS, the City’s subdivision ordinance and conditions of approval require the execution of a development agreement between the Developer and the City of Lino Lakes. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Development Agreement between US Home Corporation and the City of Lino Lakes for Watermark 2nd Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 28th day of October, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk DEVELOPMENT AGREEMENT and PLANNED UNIT DEVELOPMENT AGREEMENT Watermark 2nd Addition THIS AGREEMENT is made this _____ day of ____________, 2019, by and between the City of Lino Lakes, a Minnesota municipal corporation under the laws of Minnesota (the “City”), and U.S. Home Corporation, a Delaware corporation d/b/a Lennar Corporation (the “Developer”). 1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. 16-51 for a plat known as Watermark (“Subdivision”). Unless otherwise stated, all terms and conditions of this Agreement relate to work within the Subdivision. 2. Final Plat Approval. The City’s approval of the final plat of Watermark 2nd Addition, as legally described on Exhibit A attached hereto, is contingent upon execution and delivery of this agreement and all required petitions, bonds, security, and documents, and satisfaction of all conditions of approval required by Resolution No. 19-137. The Final Plat is attached hereto as Exhibit B. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Development Agreements for such phases are approved by the City. 4. Developer Plans. a. The Subdivision shall be developed in accordance with the following Developer Plans, original copies of which are on file with the City Engineer. The Developer Plans may be prepared and revised after entering into this Agreement but must be approved by the City before commencement of any work. If the plans vary from the written terms of this Agreement, this Agreement shall control. b. The Developer Plans as of the date of this Agreement are: i. Watermark 2nd Addition Final Plat, containing 3 sheets, prepared by Carlson McCain date stamped September 4, 2019. ii. Watermark 2nd Addition Sanitary Sewer, Watermain, Storm Sewer and Street Construction Plans, containing 17 sheets, prepared by Carlson McCain dated June 6, 2019. Watermark 2nd Addition Development Agreement October 28, 2019 page 2 iii. Watermark Grading, Development & Erosion Control Plan, containing 27 sheets, prepared by Carlson McCain revision date June 7, 2019. iv. Watermark 2nd Addition Landscape Plans , containing 4 sheets, prepared by Carlson McCain dated June 6, 2019. 5. Permits. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public improvements. 6. Developer Improvements. The Developer shall secure a contractor to install these improvements, hereinafter referred to as the “Developer Improvements,” which contractor shall be approved by the City in its absolute discretion. The cost of Developer Improvements is as shown on Exhibit C attached hereto. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense the following improvements according to the following terms and conditions: a. Site Grading i. No grading shall commence until all requirements of the Rice Creek Watershed District (RCWD) have been satisfied. ii. All site grading shall be conducted in accordance with the grading plan as approved by the City and in accordance with NPDES and RCWD requirements. The Developer shall perform the work in accordance with a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota Pollution Control Agency (MPCA) requirements. b. Grading and Erosion Control i. The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. ii. The street right-of-way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. Watermark 2nd Addition Development Agreement October 28, 2019 page 3 iii. The Developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvement as proposed. iv. The Developer’s engineer shall certify in writing, with an as-built survey, that all grading complies with the approved grading plan prior to issuance of any building permits. v. The Developer shall promptly clear dirt and debris within public right-of- ways and drainage and utility easements resulting from construction by the Developer, its purchasers, builders and contractors within twenty- four (24) hours after notification by the City. The Developer shall be responsible for all necessary street and storm sewer maintenance, including street sweeping, until all home construction is completed, unless otherwise released by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on them, including detour signs if necessary. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. c. Final street grading, subbase, gravel base, concrete curb and gutter, and bituminous base course and wear course shall be furnished and installed. d. Sidewalks, paths and street lighting as required by the City shall be furnished and installed. e. Storm sewers, when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances, shall be furnished and installed. f. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances, shall be furnished and installed. g. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances, shall be furnished and installed. h. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan. Guard stakes shall be appropriately installed to mark these irons. Watermark 2nd Addition Development Agreement October 28, 2019 page 4 i. Landscaping shall be furnished and installed in accordance with the approved plans, including boulevard trees. j. The Developer shall arrange for all gas, telephone, cable TV and electric utility services to the Subdivision in accordance with City Code and State law. The Developer is solely responsible for the cost of utility installation. The utilities are required to be located within a joint trench. Street light installations shall be initiated by the Developer with City Engineer approval. The Developer is solely responsible for the cost of utility installation. k. The Developer shall install mailboxes in accordance with Federal and Postal Service regulations. 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 by November 30, 2020. The Developer may request a reasonable extension of time from the City. If the extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 8. City Improvements. No City improvements are proposed to be constructed for this subdivision. 9. Record Drawings. a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including grading, sanitary sewer, watermain, storm sewer facilities, and roads, constructed by Developer. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. b. The Developer shall submit certified compaction testing results for the site grading operations. c. A summary of the record plan attribute data for the storm sewer, watermain, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. d. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 10. Faithful Performance of Construction Contracts and Security. Watermark 2nd Addition Development Agreement October 28, 2019 page 5 a. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements. Concurrent with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150%) percent of the total estimated cost of Developer's Improvements. b. Irrevocable Letter of Credit. If an Irrevocable Letter of Credit is utilized, it shall be for the exclusive use and benefit of the City of Lino Lakes and shall state that it is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Agreement and construction of all required improvements referenced therein in accordance with the ordinances and specifications of the City. The letter shall be in a form, and from a bank, as approved by the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this agreement. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates on an annual basis, unless at least sixty (60) days prior to the expiration date, the Community Development Director and City Engineer, are notified by certified mail or overnight courier, that the Letter of Credit will not be extended. c. Alternatively, the Developer may enter into a Public Improvement Surety Agreement, subject to City approval. d. Reduction of Security. The Developer may request reduction of the Letter of Credit or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. 11. Warranty. The Developer warrants all utility work required to be performed by it against poor material and faulty workmanship for a period of two years after its completion and acceptance by the City. All new streets shall be warranted by the developer for a period of one year from the time the final inspection of the street is completed and accepted by the City. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for 12 months after planting. Prior to final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of this Agreement. The amount shall be determined by the City Engineer. 12. Dedication. The Developer shall dedicate to the City, at no cost to the City, any permanent or temporary easements that may be necessary for the construction and installation of the Developer Improvements. All such easements required by the City Watermark 2nd Addition Development Agreement October 28, 2019 page 6 shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 13. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the public improvements lying within public right-of-way and easements shall become City property without further notice or action unless the improvements are to be deemed private infrastructure. 14. Recording and Release. The Developer agrees that the terms of this Development Agreement shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Agreement with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1. 15. Escrow for City’s Costs. a. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the Subdivision including, but not limited to, the following (See Exhibit C for breakdown of costs): i. Planning/ Review ii. Administration - 3% of Developer Improvement Costs iii. City Engineering iv. Street lighting installation (by utility company, developer to initiate) v. Traffic signing improvements vi. Boulevard tree planting vii. Street, storm sewer and pond maintenance viii. Property Taxes. Should the recording of the Final Plat occur after July 1st, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. b. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow with suitable documentation supporting the charges. Watermark 2nd Addition Development Agreement October 28, 2019 page 7 16. Developer Fees. At the time of execution of this Agreement, the Developer shall pay the following fees related to the development of the Subdivision (See Exhibit C for breakdown of costs): a. Park Dedication The Park Dedication Fee for this site is calculated as follows: Watermark 2nd Addition Total # Units = 57 x Park Dedication Fee $3,000 = Cash in Lieu Value $171,000 - Land dedication value $0 - Trail Construction Costs ($3,900) TOTAL CASH FEE DUE = $167,100 b. The Developer shall pay 15 months of maintenance and energy costs for street lights installed within the Subject Property at the rate of $7/month/light. After that the City will assume the costs. c. Sealcoating. The Developer will pay the cost of sealcoating the streets within the development at a cost of $28,800.00. The sealcoating will be completed within three to seven years following completion of the wear course placement. d. GIS Mapping Fees e. Trunk Sewer Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk sanitary sewer infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Residential trunk charges are based on one unit per dwelling unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Watermark 2nd Addition Development Agreement October 28, 2019 page 8 Sanitary Sewer $1,573.00 Per Unit Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). Residential uses shall be assigned one unit per dwelling unit unless otherwise noted by MCES. City Sewer (CSAC) $1,471.00 Per SAC Unit Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit C. f. Trunk Water Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk water infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Residential trunk charges are based on one unit per dwelling unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Water $2,259.00 Per Unit Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). Watermark 2nd Addition Development Agreement October 28, 2019 page 9 Residential uses shall be assigned one unit per dwelling unit unless otherwise noted by MCES. City Water (CWAC) $1,421.00 Per SAC Unit An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit C. g. Surface Water Management Area Charges The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on developable acreage, in the amount specified in Exhibit C. The charge shall be paid at the time of subdivision approval. 17. Assessment of Charges and Waiver of Rights. a. In consideration of the construction of City Improvements listed in Paragraph 8 and /or provision of sewer, water and storm water services, the Developer agrees that the costs of City Improvements together with Trunk Sewer Unit Charge, Trunk Water Unit Charge and the Surface Water Management Area Charge (collectively, “the Charges”) may be assessed against the Subdivision parcels. The Developer hereby waives any and all procedural and substantive objections to the special assessments, including notice and hearing requirements, any claim that the assessments exceed the benefit to the properties, and any right to appeal. b. Unless the Developer pays the entire balance owed for the Charges contemporaneously with the execution of this Agreement, the Developer shall provide to the City a cash escrow or irrevocable letter of credit in an amount equal to 35% of the total assessments for the Charges as estimated by the City Engineer (see Exhibit C). The letter of credit shall be in a form, and from a bank, as approved by the City. The letter of credit or cash escrow may be used by the City upon default by Developer in the payment of special assessments. The cash escrow or letter of credit shall remain in place throughout the term of the special assessments. The letter of credit may not be terminated without the City’s written consent. c. Developer, its heirs, successors or assigns, agrees that within 30 days after the date of sale of a lot, the Developer, its heirs, successors or assigns, at its own cost and expense, shall pay the entire unpaid charges assessed or to be assessed under this agreement against such property. Watermark 2nd Addition Development Agreement October 28, 2019 page 10 d. If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to 120% of the Engineer's estimate of the special assessments for such Charges that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. e. Acceleration upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat or development, or fails to pay when due any installment of any special assessment levied pursuant to this agreement, or any interest thereon, the City at its option, in addition to its rights and remedies hereunder, after 10 days written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided herein. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to Minnesota Statutes section 429.061, subdivision 3, for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. In addition to any other rights and remedies upon Developer’s default, the City may refuse to issue building permits and/or Certificates of Occupancy for any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees, if the City prevails in any enforcement action. 18. Building Permits. No building permits shall be issued until: a. Site grading, certified compaction testing, City sewer, water, storm sewer, and bituminous base construction of the streets, temporary street signs, gas, electric, and telephone are completed and approved by the City, except as provided below. Watermark 2nd Addition Development Agreement October 28, 2019 page 11 i. Model Homes: Structures may be installed as model homes consistent with City ordinance upon approval of the final plat. A record drawing of the site grading for the model home lots shall be submitted prior to issuance of building permits for the model homes. ii. If any building permits for model homes are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. Any such costs shall be reimbursed from Developer’s escrow. 19. Special Provisions. Outlot A shall be preserved for ponding and open space and maintained per the approved Restoration and Management Plan. 20. Hours of Construction Activity. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed 21. Insurance. Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor’s work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 22. Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Watermark 2nd Addition Development Agreement October 28, 2019 page 12 Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, chapter 429. 23. General. a. Binding Effect The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land, unless otherwise released pursuant to section 14 of this Agreement. b. Validity. If a portion, section, subsection, sentence, clause, paragraph or phrase in this agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Agreement. c. Notices Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses below by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties are as set forth until changed by notice given as above. Attn: Joe Jablonski U.S Home Corporation 16305 36th Avenue, Suite 600 Plymouth, MN 55446 Community Development Director City of Lino Lakes Watermark 2nd Addition Development Agreement October 28, 2019 page 13 600 Town Center Parkway Lino Lakes, MN 55014 24. Land Use Controls - Planned Unit Development. a. Watermark is a Planned Unit Development (PUD) as approved by the City Council by Ordinance No. 04-16, Resolution No. 16-51, and Resolution No. 19- 137. 25. Master Development Agreement. Watermark is governed by the terms of this Agreement, as well as the terms of the Master Development Agreement between the Developer and City. The two Agreements shall be construed together, and the requirements and obligations of the Agreements are cumulative. In the event of a direct conflict between the two Agreements, the Agreement imposing the greater obligation on Developer shall govern. Watermark 2nd Addition Development Agreement October 28, 2019 page 14 DEVELOPER CITY OF LINO LAKES By ______________________ By _________________________ Mayor Its ______________________ ATTEST By _________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2019, by Jeff Reinert as Mayor of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2019 by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public Watermark 2nd Addition Development Agreement October 28, 2019 page 15 STATE OF MINNESOTA ) ) SS COUNTY OF __________ ) On this _______ day of _______________, 2019, before me, a Notary Public within and for said County, personally appeared ____________, __________________ of ___________________. (Developer), who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Watermark 2nd Addition Development Agreement October 28, 2019 page 16 EXHIBIT A Legal Description Outlots B, C, D, and F, Watermark, according to the recorded plat, thereof, Anoka County, Minnesota Watermark 2nd Addition Development Agreement October 28, 2019 page 17 EXHIBIT B Final Plat ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGWATERMARKEMILY CIRCLEEDENDIAMONDLANECIRCLELANECRANEDRIVE 2ND ADDITIONSEE DETAIL ASEE DETAIL BSEE DETAIL C(Sheet 2 of3 Sheets)(Sheet 2 of3 Sheets)(Sheet 2 of3 Sheets)(sheet 3 ofINSET 'B'FOREST3 sheets)(sheet 2 ofINSET 'A'3 sheets)Match Line ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGWATERMARK 2ND ADDITIONEMILY CIRCLEEDENFORESTDIAMONDLANECIRCLELANECRANEDRIVE CRANE DRIVEINSET 'B'(see sheet 3of 3 sheets)SEE DETAIL ASEE DETAIL BDETAIL ADETAIL BDIAMOND LANE DETAIL CINSET 'A'Match Line ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGWATERMARK 2ND ADDITIONEMILYCIRCLEFOREST DIAMONDLA N E LANECRANEDRIVECIRCLEEDENINSET 'B' Watermark 2nd Addition Development Agreement October 28, 2019 page 18 EXHIBIT C Securities, Escrows & Fees 10/ 28/ 2019 EXHIBIT C Securities, Escrows & Fees PROJECT: Watermark 2nd Addition NUMBER OF REU's:57 APPLICANT: US Home Corporation & Mattamy Minneapolis IMPROVEMENTS COST DEVELOPER IMPROVEMENT COSTS (Public) SITE GRADING $285,500 EROSION CONTROL $11,000 LANDSCAPING $146,790 TRAIL $76,650 STREETS $542,442 STORM SEWER CONST.$311,933 SANITARY SEWER CONST.$311,528 WATERMAIN CONST.$268,673 ENGINEERING & SURVEYING $58,635 Total $2,013,151 Letter of Credit Amount X 150%$3,019,727 ESCROW for CITY'S COSTS PLANNING/ REVIEW $6,700 ADMINISTRATION $60,400 ENGINEER PLAN REVIEW $40,270 ENGINEER CONSTRUCTION SERVICES $120,790 PROJECT FINAL DOCUMENTS & CITY ENGINEER $5,000 STREET LIGHT INSTALLATION $12,500 STREET & STORMWATER MAINTENANCE $5,000 PROPERTY TAXES $0 TRAFFIC AND SIGNING IMPROVEMENTS $4,000 BOULEVARD TREE PLANTING $0 Total $254,660 DEVELOPMENT FEES PARK DEDICATION $171,000 PARK DEDICATION CREDIT ($3,900) Subtotal Park Dedication Fee $167,100 AUAR $0 SEAL COATING FEE $28,800 GIS MAPPING FEE $5,130 STREET LIGHTING OPERATION $525 Total $201,555 TRUNK SANITARY SEWER TRUNK CHARGE PER (ACRE OR UNIT)$89,661 AVAILABILITY CHARGE PER SAC UNIT $83,847 TRUNK SANITARY SEWER CREDIT $0 TRUNK WATERMAIN TRUNK CHARGE PER (ACRE OR UNIT)$128,763 AVAILABILITY CHARGE PER SAC UNIT $80,997 TRUNK WATERMAIN CREDIT ($22,296) TOTAL TRUNK SEWER & WATER FEES $360,972 Letter of Credit Amount X 35% $126,340 SURFACE WATER MANAGEMENT $140,795 SURFACE WATER MANAGEMENT CREDIT $0 TOTAL SURFACE WATER MANAGEMENT FEES $140,795 SUMMARY OF SECURITIES, ESCROW & FEES SECURITY: DEVELOPER IMP'MENT COSTS $3,019,727 ESCROW FOR CITY COSTS $254,660 DEVELOPMENT FEES $342,350 SECURITY: TRUNK FEES $126,340 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: October 28, 2019 TOPIC: Consider Resolution No. 19-140 Accepting and Approving the Grant Agreement between the City of Lino Lakes and the Metropolitan Council of Environmental Services for the Improvement of Publically Owned Infrastructure and Approving Certificate of Real Property VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is seeking Council consideration to accept and approve the Grant Agreement between the City of Lino Lakes and the Metropolitan Council of Environmental Services Infrastructure and approving the Certificate of Real Property. BACKGROUND The Metropolitan Council of Environmental Services (MCES) grant program is for capital improvements to public municipal wastewater collection systems to reduce the amount of inflow and infiltration to the MCES metropolitan sanitary sewer disposal system (I/I Municipal Grant Program). The process for the grant program is such that the City is to accept and approve the agreement via resolution, submit the resolution for funding, and the final agreement follows. As part of the grant program process, the City is to provide a Certificate of Real Property. The City of Lino Lakes has submitted a pre-application to the MCES for grant funding for improvements to the sanitary sewer system on LaMotte Drive and LaMotte Circle to reduce inflow and infiltration. The sanitary sewer lining project has been completed and is eligible for minimum allocation of $50,000 in grant funding. The program requires a 50% match of which the project costs were $165,500. The final reimbursement amount will be allocated proportionally to grant participants, based on eligible project expenses submitted and available remaining grant program funds. RECOMMENDATION Staff recommends adoption of Resolution No. 19-140 Accepting and Approving the Grant Agreement between the City of Lino Lakes and the Metropolitan Council of Environmental Services for the Improvement of Publically Owned Infrastructure. ATTACHMENTS 1. Certificate of Real Property 2. Grant Agreement 2014 (Shenandoah Sewer Lining Project) 3. Resolution No. 19-140 ATTACHMENT 1-A Attachment I-A State of Minnesota General Obligation Bond Financed CERTIFICATION The undersigned hereby certifies as follows:  This Certification is being submitted pursuant to the Waiver of Real Property Declaration granted by Minnesota Management and Budget to Metropolitan Council for Municipal Publicly- Owned Infrastructure Inflow/Infiltration projects or the portions thereof which lie entirely within public road, street and highway rights-of-way and utility easements. [Grantee] certifies that [Grantee] has read and will comply with the terms and conditions of the Waiver of Real Property Declaration, a copy of which is attached to this Certification and further, that the Governmental Program which is the subject of and described in the Municipal Publicly-Owned Infrastructure Inflow/Infiltration Grant Agreement [No.________] between [Grantee] and Metropolitan Council qualifies for the Waiver of Real Property Declaration. The undersigned owns fee title to property and/or permanent easement and/or other easement which meets the requirements of this Agreement for wastewater collection purposes and/or permit for pipe in City of Lino Lakes public right of way which meets the requirements of this Agreement for wastewater collection purposes and a wastewater collection system within the fee title, permanent easement, and/or the other easement and wastewater collection system being located in Anoka County, Minnesota. The fee title property, permanent easement and/or other easement and the wastewater collection system therein is referred to as “Restricted Property” and is described in Exhibit A attached hereto by legal description, narrative description or diagram. As the owner of the Restricted Property, the undersigned hereby acknowledges the following restrictions and encumbrances with respect to the Restricted Property: A. The Restricted Property is State bond financed property within the meaning of Minn. Stat. § 16A.695 that exists as of the effective date of the grant agreement identified in paragraph B below, is subject to the encumbrance created and requirements imposed by such statutory provision, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, or its successor, which approval must be evidenced by a written statement signed by said commissioner and attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and B. The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in the G.O Grant agreement between Metropolitan Council and [Grantee], dated _________, ____. ATTACHMENT 1-A The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed Declaration for as long as the G.O. Grant Agreement is in force and effect; at which time it shall be released therefrom by way of a written release in recordable form signed by both the Metropolitan Council and the Commissioner of Minnesota of Management and Budget, or their successors, and such written release is recorded in the real estate records relating to the Restricted Property. This Certification may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota of Management and Budget, or its successor. SIGNATURE BLOCK AND ACKNOWLEDGMENT City: Lino Lakes By: ______________________________ Title: ____________________________ Dated: ___________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) On the _____________ day of _________________, 2019, before me a notary public within and for said County, personally appeared _____________, named in the forgoing instrument as the __________________of Lino Lakes and acknowledged said instrument was signed on behalf of said Lino Lakes . _________________________________ Notary Public Generic GO Bond Proceeds Ver – 6/30/14 Grant Agreement for Program End Grants R Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program Grant Agreement - End Grant for the Lino Lakes Sanitary Sewer Project Funded by the State of Minnesota General Obligation Bond Proceeds Generic GO Bond Proceeds i Ver – 6/30/14 Grant Agreement for Program End Grants TABLE OF CONTENTS RECITALS Article I - DEFINITIONS Section 1.01 – Defined Terms Article II - GRANT Section 2.01 – Grant of Monies Section 2.02 – Public Ownership Section 2.03 – Use of Grant Proceeds Section 2.04 – Operation of the Real Property and Facility Section 2.05 – Public Entity Representations and Warranties Section 2.06 – Ownership by Leasehold or Easement Section 2.07 – Event(s) of Default Section 2.08 – Remedies Section 2.09 – Notification of Event of Default Section 2.10 – Survival of Event of Default Section 2.11 – Term of Grant Agreement Section 2.12 – Modification and/or Early Termination of Grant Section 2.13 – Excess funds Article III – USE CONTRACTS [NOT TO BE USED IN THIS AGREEMENT] Section 3.01 – General Provisions Section 3.02 – Initial Term and Renewal Section 3.03 – Reimbursement of Counterparty Section 3.04 – Receipt of Monies Under a Use Contract Article IV – SALE Section 4.01 – Sale Section 4.02 – Proceeds of a Sale Article V – COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER’S ORDER Section 5.01 – State Bond Financed Property Section 5.02 – Preservation of Tax Exempt Status Section 5.03 – Changes to G.O. Compliance Legislation or the Commissioner’s Order Article VI – DISBURSEMENT OF GRANT PROCEEDS Section 6.01– Disbursement of Grant Section 6.02 – Conditions Precedent to Disbursement of Grant Generic GO Bond Proceeds ii Ver – 6/30/14 Grant Agreement for Program End Grants Article VII- MISCELLANEOUS Section 7.01 – Insurance Section 7.02 – Condemnation Section 7.03 – Use, Maintenance, Repair and Alterations Section 7.04 – Records Keeping and Reporting Section 7.05 – Inspections by Council Section 7.06 – Data Practices Section 7.07 – Non-Discrimination Section 7.08 – Worker’s Compensation Section 7.09 – Antitrust Claims Section 7.10 – Review of Plans and Cost Estimates [NOT TO BE USED] Section 7.11 – Prevailing Wages Section 7.12 – Liability Section 7.13 – Indemnification by the Public Entity Section 7.14 – Relationship of the Parties Section 7.15 – Notices Section 7.16 – Binding Effect and Assignment or Modification Section 7.17 – Waiver Section 7.18 – Entire Agreement Section 7.19 – Choice of Law and Venue Section 7.20 – Severability Section 7.21 – Time of Essence Section 7.22 – Counterparts Section 7.23 – Matching Funds Section 7.24 – Source and Use of Funds Section 7.25 – Third-Party Beneficiary Section 7.26 – Public Entity Tasks Section 7.27 – Council and Commissioner Required Acts and Approvals. Section 7.28 – Applicability to Real Property and Facility Section 7.29 – E-Verification Section 7.30 – Jobs Reporting Requirements Section 7.31 – Additional Requirements Attachment I – DECLARATION Attachment II – LEGAL DESCRIPTION OF REAL PROPERTY Attachment III – SOURCE AND USE OF FUNDS Attachment IV – GRANT APPLICATION Attachment V – JOBS REPORTING 1 General Obligation Bond Proceeds MUNICIPAL PUBLICLY OWNED INFRASTRUCTURE INFLOW/INFILTRATION GRANT PROGRAM INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN METROPOLITAN COUNCIL AND LINO LAKES This Intergovernmental Grant Agreement (“Grant Agreement”) is made this 16th day of November, 2016, and entered into by and between the Metropolitan Council a public corporation and political subdivision of the State of Minnesota (“Council”) and, Lino Lakes a Minnesota Municipal corporation (“Grantee”). BACKGROUND RECITALS 1.The Minnesota Legislature has appropriated to the Council in the 2014 Session Laws Chapter 294, Section 17, subdivision 4, $2,000,000, for a grant program to be administered by the Council. In addition, the Minnesota Legislature appropriated to the Council in the 2015 Session Laws Chapter 5, Section 11, $1,500,000, for a grant program to be administered by the Council. Also, this grant includes $656,800 of residual funds from the 2012 I/I Grant Program - Session Laws Chapter 293 Section 17, Subdivision 3. Therefore the total 2014 I/I Grant distribution shall be $4,156,800. Each appropriations is for the purpose of providing grants to municipalities for capital improvements to public municipal wastewater collection systems to reduce the amount of inflow and infiltration to the Council’s metropolitan sanitary sewer disposal system (“I/I Municipal Grant Program”). 2.The monies allocated to fund the appropriation to the Council are proceeds of state general obligation bonds authorized to be issued under Article XI, § 5(a) of the Minnesota Constitution. 3.The Council has gone through a public process and formally adopted Guidelines for the I/I Municipal Grant Program. Grantee has read and understands the Council Guidelines (“Council Guidelines”). 4.Council has identified Grantee as a contributor of excessive inflow and infiltration to the Council’s metropolitan sanitary sewer disposal system and thus an eligible applicant for grant funds under the I/I Municipal Grant Program. 5.Pursuant to its authority under Minnesota Statutes § 444.075 [or other authority, if different], Grantee operates a municipal wastewater collection system identified as Lino Lakes Wastewater Collection System (“Wastewater System”) and has submitted an application to and been approved by the Council for grant funds in the amount of $38,433.67, for performance of functions and activities for its inflow and infiltration mitigation capital improvement project to the Wastewater System in accordance with Council guidelines. 2 6. Council has reviewed and found eligible Grantee’s application for grant funds and has awarded such grant funds (“G.O. Grant”) to Grantee to construct a capital improvement project to Grantee’s pipeline as described in and in accordance with the terms and conditions of this Grant Agreement. 7. The Grantee’s receipt and use of the I/I Municipal Grant Program to acquire an ownership interest in and/or improve real property (the “Real Property”) and structures situated thereon (the “Facility”) will cause the Grantee’s ownership interest in all of such real property and structures to become “state bond financed property”, as such term is used in Minn. Stat. § 16A.695 (the “G.O. Compliance Legislation”) and in that certain “Third Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” executed by the Commissioner of Minnesota Management and Budget and dated July 14, 2014 (the “Commissioner’s Order”), even though such funds shall only be a portion of the funds being used to acquire such ownership interest and/or improve such real property and structures and that such funds may be used to only acquire such ownership interest and/or improve a part of such real property and structures. 8. Council and Grantee desire to set forth herein the provisions relating to the granting of such G.O. Grant and the disbursement thereof to Grantee and the operation of the Real Property and the Facility. Article I DEFINITIONS Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: “Agreement” - means this Metropolitan Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program Grant Agreement - End Grant for the Lino Lakes Sanitary Sewer 2014 thru 2016 Project, as such exists on its original date and any amendments, modifications or restatements thereof. “Approved Debt” – means public or private debt of the Public Entity that is consented to and approved, in writing, by the Commissioner of MMB, the proceeds of which were or will used to acquire an ownership interest in or improve the Real Property and, if applicable, Facility, other than the debt on the G.O. Bonds. Approved Debt includes, but is not limited to, all debt delineated in Attachment III to this Agreement; provided, however, the Commissioner of MMB is not bound by any amounts delineated in such attachment unless he/she has consented, in writing, to such amounts. Certification” – means a certification in the form contained in Attachment 1-A to this Agreement and all amendments thereto, acknowledging that the Real Property and Facilities is state bond financed property within the meaning of Minn. Stat. § 16A.695, is subject to the requirements imposed by such statutes and cannot be sold, encumbered or otherwise disposed of without the approval of the Commissioner of the MMB. 3 “Code” - means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. “Commissioner of MMB” - means the commissioner of Minnesota Management and Budget, and any designated representatives thereof. “Commissioner’s Order” - means the “Fourth Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” executed by the Commissioner of Minnesota Management and Budget and dated July 14, 2014, as amended. “Counterparty” - means any entity with which the Public Entity contracts under a Use Contract. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property, and if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Declaration” - means a declaration, or declarations, in the form contained in Attachment I to this Agreement and all amendments thereto, indicating that the Public Entity’s ownership interest in the Real Property and, if applicable, Facility is bond financed property within the meaning of the G.O. Compliance Legislation and is subject to certain restrictions imposed thereby. “Event of Default” - means one or more of those events delineated in Section 2.07. “Facility”, if applicable, - means the Wastewater Systems as identified in Recital No. 5, which is located, or will be constructed and located, on the Real Property and all equipment that is a part thereof that was purchased with the proceeds of the Program Grant. “Fair Market Value” – means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal that assumes that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released at the time of acquisition by the purchaser. “G.O. Bonds” - means that portion of the state general obligation bonds issued under the authority granted in Article XI, § 5(a) of the Minnesota Constitution the proceeds of which are used to fund the Program Grant and any bonds issued to refund or replace such bonds. 4 “G.O. Compliance Legislation” - means Minn. Stat. § 16A.695, as it may be amended, modified or replaced from time to time unless such amendment, modification or replacement imposes an unconstitutional impairment of a contract right. “Grant Application” – means that certain grant application attached hereto as Attachment IV that the Public Entity submitted to the Council. This definition is only needed and only applies if the Public Entity submitted a grant application to the Council. If the Public Entity did not submit a grant application to the Council, then this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Initial Acquisition and Betterment Costs” – means the cost to acquire the Public Entity’s ownership interest in the Real Property and, if applicable, Facility if the Public Entity does not already possess the required ownership interest, and the costs of betterments of the Real Property and, if applicable, Facility; provided, however, the Commissioner of MMB is not bound by any specific amount of such alleged costs unless he/she has consented, in writing, to such amount. “Leased/Easement Premises” - means the real estate and structures, if any, that are leased to the Public Entity under a Real Property/Facility Lease or granted to the Public Entity under an easement. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Lessor/Grantor” – means the fee owner/lessor or grantor of the Leased/Easement Premises. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Outstanding Balance of the Program Grant” – means the portion of the Program Grant that has been disbursed to or on behalf of the Public Entity minus any portion thereof previously paid back to the Commissioner of MMB. “Ownership Value”, if any – means the value, if any, of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility that existed concurrent with the Public Entity’s execution of this Agreement. Such value shall be established by way of an appraisal or by such other manner as may be acceptable to the Council and the Commissioner of MMB. The parties hereto agree and acknowledge that such value is $ ____$213,187.00________ or ____ Not Applicable; provided, however, the Commissioner of MMB is not bound by any inserted dollar amount unless he/she has consented, in writing, to such amount. If no dollar amount is inserted and the blank “Not Applicable” is 5 not checked, a rebuttable presumption that the Ownership Value is $0.00 shall be created. (The blank “Not Applicable” should only be selected and checked when a portion of the funds delineated in Attachment III attached hereto are to be used to acquire the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and in such event the value of such ownership interest should be shown in Attachment III and not in this definition for Ownership Value). “Program Grant” - means a grant of monies from the Council to the Public Entity in the amount identified as the “Program Grant” in Recital E to this Agreement, as the amount thereof may be modified under the provisions contained herein. “Project” – means the Public Entity’s acquisition, if applicable, of the ownership interests in the Real Property and, if applicable, Facility denoted in Section 2.02 along with the performance of the activities denoted in Section 2.03. (If the Public Entity is not using any portion of the Program Grant to acquire the ownership interest denoted in Section 2.02, then this definition for Project shall not include the acquisition of such ownership interest, and the value of such ownership interest shall not be included in Attachment III hereto and instead shall be included in the definition for Ownership Value under this Section.) “Public Entity” - means the entity identified as the “Public Entity” in the lead-in paragraph of this Agreement. “Real Property” - means the real property located in the County of Anoka , State of Minnesota, legally described in Attachment II to this Agreement. “Real Property/Facility Lease” - means a long term lease of the Real Property, the Facility, if applicable, or both by the Public Entity as lessee thereunder. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both, is a leasehold interest under a lease. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Council” - means the entity identified as the “Council” in the lead-in paragraph of this Agreement. “State Program” – means the program delineated in the State Program Enabling Legislation. “State Program Enabling Legislation” – means the legislation contained in the Minnesota statute(s) delineated in Recital A and all rules related to such legislation. “Subsequent Betterment Costs” – means the costs of betterments of the Real Property and, if applicable, Facility that occur subsequent to the date of this Agreement, are not part of the Project, would qualify as a public improvement of a capital nature (as such term in used in Minn. Constitution Art. XI, §5(a) of the Minnesota Constitution), and the cost of 6 which has been established by way of written documentation that is acceptable to and approved, in writing, by the Council and the Commissioner of MMB. “Use Contract” - means a lease, management contract or other similar contract between the Public Entity and any other entity that involves or relates to any part of the Real Property and/or, if applicable, Facility. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property, and/or if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Useful Life of the Real Property and, if applicable, Facility” – means the term set forth in Section 2.05.V, which was derived as follows: (i) 30 years for Real Property that has no structure situated thereon or if any structures situated thereon will be removed, and no new structures will be constructed thereon, (ii) the remaining useful life of the Facility as of the effective date of this Agreement for Facilities that are situated on the Real Property as of the date of this Agreement, that will remain on the Real Property, and th at will not be bettered, or (iii) the useful life of the Facility after the completion of the construction or betterments for Facilities that are to be constructed or bettered. Article II GRANT Section 2.01 Grant of Monies. The Council shall make and issue the Program Grant to the Public Entity and disburse the proceeds in accordance with the provisions of this Agreement. The Program Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the Council or the Commissioner of MMB under certain circumstances. Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the Program Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Real Property and, if applicable, Facility must be owned by one or more public entities. Such ownership may be in the form of fee ownership, a Real Property/Facility Lease, or an easement. In order to establish that this public ownership requirement is satisfied, the Public Entity represents and warrants to the Council that it has, or will acquire, the following ownership interests in the Real Property and, if applicable, Facility, and, in addition, that it possess, or will possess, all easements necessary for the operation, maintenance and management of the Real Property and, if applicable, Facility in the manner specified in Section 2.04: (Check the appropriate box for the Real Property and, if applicable, for the Facility.) Ownership Interest in the Real Property. Fee simple ownership of the Real Property. 7 A Real Property/Facility Lease for the Real Property that complies with the requirements contained in Section 2.06. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) An easement for the Real Property that complies with the requirements contained in Section 2.06. (If the term of the easement is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) Ownership Interest in, if applicable, the Facility. Fee simple ownership of the Facility. A Real Property/Facility Lease for the Facility that complies with all of the requirements contained in Section 2.06. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) Not applicable because there is no Facility. Section 2.03 Use of Grant Proceeds. The Public Entity shall use the Program Grant solely to reimburse itself for expenditures it has already made, or will make, in the performance of the following activities, and may not use the Program Grant for any other purpose. (Check all appropriate boxes.) Acquisition of fee simple title to the Real Property. Acquisition of a leasehold interest in the Real Property. Acquisition of an easement for the Real Property. Improvement of the Real Property. Acquisition of fee simple title to the Facility. Acquisition of a leasehold interest in the Facility. Construction of the Facility. Renovation of the Facility. 8 X Sanitary Sewer Improvements . (Describe other or additional purposes.) Section 2.04 Operation of the Real Property and Facility. The Real Property and, if applicable, Facility must be used by the Public Entity or the Public Entity must cause such Real Property and, if applicable, Facility to be used, for those purposes required by the State Program and in accordance with the information contained in the Grant Application, or for such other purposes and uses as the Minnesota legislature may from time to time designate, and for no other purposes or uses. The Public Entity may enter into Use Contracts with Counterparties for the operation of all or any portion of the Real Property and, if applicable, Facility; provided that all such Use Contracts must have been approved, in writing, by the Commissioner of MMB and fully comply with all of the provisions contained in Sections 3.01, 3.02 and 3.03. The Public Entity must, whether it is operating the Real Property and, if applicable, Facility or has contracted with a Counterparty under a Use Contract to operate all or any portion of the Real Property and, if applicable, Facility, annually determine that the Real Property and, if applicable, Facility is being used for the purpose required by this Agreement, and shall annually supply a statement, sworn to before a notary public, to such effect to the Council and the Commissioner of MMB. For those programs, if any, that the Public Entity will directly operate on all or any portion of the Real Property and, if applicable, Facility, the Public Entity covenants with and represents and warrants to the Council that: (i) it has the ability and a plan to fund such programs, (ii) it has demonstrated such ability by way of a plan that it submitted to the Council, and (iii) it will annually adopt, by resolution, a budget for the operation of such programs that clearly shows that forecast program revenues along with other funds available for the operation of such program will be equal to or greater than forecast program expenses for each fiscal year, and will supply to the Council and the Commissioner of MMB certified copies of such resolution and budget. For those programs, if any, that will be operated on all or any portion of the Real Property and, if applicable, Facility by a Counterparty under a Use Contract, the Public Entity covenants with and represents and warrants to the Council that: (i) it will not enter into such Use Contract unless the Counterparty has demonstrated that it has the ability and a plan to fund such program, (ii) it will require the Counterparty to provide an initial program budget and annual program budgets that clearly show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iii) it will promptly review all submitted program budgets to determine if such budget clearly and accurately shows that the forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iv) it will reject any program budget that it believes does not accurately reflect forecast program revenues or expenses or does not show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, and require the Counterparty to prepare and submit a revised program budget, and (v) upon receipt of 9 a program budget that it believes accurately reflects forecast program revenues and expenses and that shows that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, it will approve such budget by resolution and supply to the Council and the Commissioner of MMB certified copies of such resolution and budget. Section 2.05 Public Entity Representations and Warranties. The Public Entity further covenants with, and represents and warrants to the Council as follows: A. It has legal authority to enter into, execute, and deliver this Agreement, the Declaration, and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B. It has legal authority to use the Program Grant for the purpose or purposes described in the State Program Enabling Legislation. C. It has legal authority to operate the State Program and the Real Property and, if applicable, Facility for the purposes required by the State Program and for the functions and activities proposed in the Grant Application. D. This Agreement, the Declaration, and all other documents referred to herein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. E. It will comply with all of the terms, conditions, provisions, covenants, requirements, and warranties in this Agreement, the Declaration, and all other documents referred to herein. F. It will comply with all of the provisions and requirements contained in and imposed by the G.O. Compliance Legislation, the Commissioner’s Order, and the State Program. G. It has made no material false statement or misstatement of fact in connection with its receipt of the Program Grant, and all of the information it has submitted or will submit to the Council or Commissioner of MMB relating to the Program Grant or the disbursement of any of the Program Grant is and will be true and correct. H. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property and, if applicable, Facility, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement, the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. 10 I. Neither the execution and delivery of this Agreement, the Declaration, or any document referred to herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is now a party or by which it is bound. J. The contemplated use of the Real Property and, if applicable, Facility will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. K. The Project has been or will be completed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. L. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. M. All applicable licenses, permits and bonds required for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been, or will be, obtained. N. It will operate, maintain, and manage the Real Property and, if applicable, Facility or cause the Real Property and, if applicable, Facility, to be operated, maintained and managed in compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and, if applicable, Facility. O. It will fully enforce the terms and conditions contained in any Use Contract. P. It has complied with the matching funds requirement, if any, contained in Section 7.23. Q. It will not, without the prior written consent of the Council and the Commissioner of MMB, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Public Entity’s ownership interest in the Real Property or, if applicable, Facility, or the Counterparty’s interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the Council and the Commissioner of MMB will consent to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the Real Property and, if applicable, Facility in the manner specified in Section 2.04, and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so 11 operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. R. It reasonably expects to possess the ownership interest in the Real Property and, if applicable, Facility described Section 2.02 for the entire Useful Life of the Real Property and, if applicable, Facility, and it does not expect to sell such ownership interest. S. It does not reasonably expect to receive payments under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract or to pay the principal, interest, redemption premiums, and other expenses on any Approved Debt. T. It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the Program Grant to complete and fully pay for the Project. U. It has or will promptly record a fully executed Declaration with the appropriate governmental office and deliver a copy thereof to the Council and to Minnesota Management and Budget (attention: Capital Projects Manager) that contains all of the recording information. V. The Useful Life of the Real Property and, if applicable, Facility is ____ years. W. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either the Council or the Commissioner of MMB. Section 2.06 Ownership by Leasehold or Easement. This Section shall only apply if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is by way of a Real Property/Facility Lease or an easement. For all other circumstances this Section is not needed and should be ignored and treated as if it were left blank, and any reference to this Section in this Agreement shall be ignored and treated as if the reference did not exist. A. A Real Property/Facility Lease or easement must comply with the following provisions. 1. It must be in form and contents acceptable to the Commissioner of MMB, and specifically state that it may not be modified, restated, amended, changed in any way, or prematurely terminated or cancelled without the prior written consent and authorization by the Commissioner of MMB. 2. It must be for a term that is equal to or greater than 125% of the Useful Life of the Real Property and, if applicable, Facility, or such other period of time specifically authorized by a Minnesota statute, rule or session law. 12 3. Any payments to be made under it by the Public Entity, whether designated as rent or in any other manner, must be by way of a single lump sum payment that is due and payable on the date that it is first made and entered into. 4. It must not contain any requirements or obligations of the Public Entity that if not complied with could result in a termination thereof. 5. It must contain a provision that provides sufficient authority to allow the Public Entity to operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 6. It must not contain any provisions that would limit or impair the Public Entity’s operation of the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 7. It must contain a provision that prohibits the Lessor/Grantor from creating or allowing, without the prior written consent of the Council and the Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Leased/Easement Premises or the Lessor’s/Grantor’s interest in the Real Property/Facility Lease or easement, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the Council and the Commissioner of MMB will consent to any such lien or encumbrance if the holder of such lien or encumbrance executes and files of record a document under which such holder subordinates such lien or encumbrance to the Real Property/Facility Lease or easement and agrees that upon foreclosure of such lien or encumbrance to be bound by and comply with all of the terms, conditions and covenants contained in the Real Property/Facility Lease or easement as if such holder had been an original Lessor/Grantor under the Real Property/Facility Lease or easement. 8. It must acknowledge the existence of this Agreement and contain a provision that the terms, conditions and provisions contained in this Agreement shall control over any inconsistent or contrary terms, conditions and provisions contained in the Real Property/Facility Lease or easement. 9. It must provide that any use restrictions contained therein only apply as long as the Public Entity is the lessee under the Real Property/Facility Lease or grantee under the easement, and that such use restrictions will terminate and not apply to any successor lessee or grantee who purchases the Public Entity’s ownership interest in the Real Property/Facility Lease or easement. Provided, however, it may contain a provisions that limits the construction of any new structures on the Real Property or modifications of any existing structures on the Real Property without the written consent of Lessor/Grantor, which will apply to any such successor lessee or grantee. 10. It must allow for a transfer thereof in the event that the lessee under the Real Property/Lease or grantee under the easement makes the necessary determination 13 to sell its interest therein, and allow such interest to be transferred to the purchaser of such interest. 11. It must contain a provision that prohibits and prevents the sale of the underlying fee interest in the Real Property and, if applicable, Facility without first obtaining the written consent of the Commissioner of MMB. 12 The Public Entity must be the lessee under the Real Property/Lease or grantee under the easement. B. The provisions contained in this Section are not intended to and shall not prevent the Public Entity from including additional provisions in the Real Property/Facility Lease or easement that are not inconsistent with or contrary to the requirements contained in this Section. C. The expiration of the term of a Real Property/Facility Lease or easement shall not be an event that requires the Public Entity to reimburse the Council for any portion of the Program Grant, and upon such expiration the Public Entity’s ownership interest in the Real Property and, if applicable, Facility shall no longer be subject to this Agreement. D. The Public Entity shall fully and completely comply with all of the terms, conditions and provisions contained in a Real Property/Facility Lease or easement, and shall obtain and file, in the Office of the County Recorder or the Registrar of Titles, whichever is applicable, the Real Property/Facility Lease or easement or a short form or memorandum thereof. Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by the Council and the Commissioner of MMB, constitute an Event of Default under this Agreement upon either the Council or the Commissioner of MMB giving the Public Entity 30 days written notice of such event and the Public Entity’s failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months unless otherwise consented to, in writing, by the Council and the Commissioner of MMB. A. If any representation, covenant, or warranty made by the Public Entity in this Agreement, in any other document furnished pursuant to this Agreement, or in order to induce the Council to disburse any of the Program Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. B. If the Public Entity fails to fully comply with any provision, term, condition, covenant, or warranty contained in this Agreement, the Declaration, or any other document referred to herein. 14 C. If the Public Entity fails to fully comply with any provision, term, condition, covenant, or warranty contained in the G.O. Compliance Legislation, the Commissioner’s Order, or the State Program Enabling Legislation. D. If the Public Entity fails to provide and expend the full amount of the matching funds, if any, required under Section 7.23 for the Project. E. If the Public Entity fails to record the Declaration and deliver copies thereof as set forth in Section 2.05.U. Notwithstanding the foregoing, any of the above delineated events that cannot be cured shall, unless waived in writing by the Council and the Commissioner of MMB, constitute an Event of Default under this Agreement immediately upon either the Council or the Commissioner of MMB giving the Public Entity written notice of such event. Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the Council, the Council or the Commissioner of MMB may enforce any or all of the following remedies. A. The Council may refrain from disbursing the Program Grant; provided, however, the Council may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B. If the Event of Default involves a failure to comply with any of the provisions contained herein other than the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Outstanding Balance of the Program Grant be returned to it, and upon such demand the Public Entity shall return such amount to the Commissioner of MMB. C. If the Event of Default involves a failure to comply with the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Public Entity pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Public Entity shall pay such amount to the Commissioner of MMB. D. Either the Council or the Commissioner of MMB, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the Council or the Commissioner of MMB would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision contained in this Agreement within 30 days of demand by the Commissioner of MMB, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor of the Council and/or the Commissioner of MMB, then such amount may, unless precluded by law, be taken from or off- 15 set against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.09 Notification of Event of Default. The Public Entity shall furnish to the Council and the Commissioner of MMB, as soon as possible and in any event within 7 days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.10 Survival of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only terminate in accordance with the provisions contained in Section 2.12 and at the end of its term in accordance with the provisions contained in Section 2.11. Section 2.11 Term of Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein, remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property and, if applicable, Facility to the date on which the Real Property and, if applicable, Facility is first used for the operation of the State Program after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the Commissioner of MMB shall execute whatever documents are needed to release the Real Property and, if applicable, Facility from the effect of this Agreement and the Declaration. Section 2.12 Modification and/or Early Termination of Grant. If the full amount of the Program Grant has not been disbursed on or before the date that is 5 years from the effective date of this Agreement, or such later date to which the Public Entity and the Council may agree in writing, then the Council’s obligation to fund the Program Grant shall terminate. In such event, (i) if none of the Program Grant has been disbursed by such date then the Council’s obligation to fund any portion of the Program Grant shall terminate and this Agreement shall terminate and no longer be of any force or effect, and (ii) if some but not all of the Program Grant has been disbursed by such date then the Council shall have no further obligation to provide any additional funding for the Program Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the amount of the Program Grant that was actually disbursed as of such date. This Agreement shall also terminate and no longer be of any force or effect upon the Public Entity’s sale of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01 and transmittal of all or a portion of the proceeds of such sale to the Commissioner of MMB in compliance with the provisions contained in Section 4.02, or upon the termination of Public Entity’s ownership interest in the Real Property and, if applicable, Facility if such ownership interest is by way of an easement or under a Real Property/Facility Lease. Upon such termination the Council shall execute, or have 16 executed, and deliver to the Public Entity such documents as are required to release the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, from the effect of this Agreement and the Declaration. Section 2.13 Excess Funds. If the full amount of the Program Grant and any matching funds referred to in Section 7.23 are not needed to complete the Project, then, unless language in the State Program Enabling Legislation indicates otherwise, the Program Grant shall be reduced by the amount not needed. Article III USE CONTRACTS Contents of Article III have been deliberately omitted from this Agreement. Article IV SALE Section 4.01 Sale. The Public Entity shall not sell any part of its ownership interest in the Real Property and, if applicable, Facility unless all of the following provisions have been complied with fully. A. The Public Entity determines, by official action, that such ownership interest is no longer usable or needed for the operation of the State Program, which such determination may be based on a determination that the portion of the Real Property or, if applicable, Facility to which such ownership interest applies is no longer suitable or financially feasible for such purpose. B. The sale is made as authorized by law. C. The sale is for Fair Market Value. D. The written consent of the Commissioner of MMB has been obtained. The acquisition of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, or enforcement of a security interest in personal property used in the operation thereof, by a lender that has provided monies for the acquisition of the Public Entity’s ownership interest in or betterment of the Real Property and, if applicable, Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such portion of the Real Property and, if applicable, Facility in a manner which is not inconsistent with the requirements imposed under Section 2.04 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender’s ultimate sale or disposition of the acquired interest in the Real Property and, if applicable, Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 4.02. 17 The Public Entity may participate in any public auction of its ownership interest in the Real Property and, if applicable, Facility and bid thereon; provided that the Public Entity agrees that if it is the successful purchaser it will not use any part of the Real Property or, if applicable, Facility for the State Program. Section 4.02 Proceeds of a Sale. Upon the sale of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility the proceeds thereof after the deduction of all costs directly associated and incurred in conjunction with such sale and such other costs that are approved, in writing, by the Commissioner of MMB, but not including the repayment of any debt associated with the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, shall be disbursed in the following manner and order. A. The first distribution shall be to the Commissioner of MMB in an amount equal to the Outstanding Balance of the Program Grant, and if the amount of such net proceeds shall be less than the amount of the Outstanding Balance of the Program Grant then all of such net proceeds shall be distributed to the Commissioner of MMB. B. The remaining portion, after the distribution specified in Section 4.02.A, shall be distributed to (i) pay in full any outstanding Approved Debt, (ii) reimburse the Public Entity for its Ownership Value, and (iii) to pay interested public and private entities, other than any such entity that has already received the full amount of its contribution (such as the Council under Section 4.02.A and the holders of Approved Debt paid under this Section 4.02.B), the amount of money that such entity contributed to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs. If such remaining portion is not sufficient to reimburse interested public and private entities for the full amount that such entities contributed to the acquisition or betterment of the Real Property and, if applicable, Facility, then the amount available shall be distributed as such entities may agree in writing, and if such entities cannot agree by an appropriately issued court order. C. The remaining portion, after the distributions specified in Sections 4.02.A and B, shall be divided and distributed to the Council, the Public Entity, and any other public and private entity that contributed funds to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs, other than lenders who supplied any of such funds, in proportion to the contributions that the Council, the Public Entity, and such other public and private entities made to the acquisition and betterment of the Real Property and, if applicable, Facility as such amounts are part of the Ownership Value, Initial Acquisition and Betterment Costs, and Subsequent Betterment Costs. The distribution to the Council shall be made to the Commissioner of MMB, and the Public Entity may direct its distribution to be made to any other entity including, but not limited to, a Counterparty. All amounts to be disbursed under this Section 4.02 must be consented to, in writing, by the Commissioner of MMB, and no such disbursements shall be made without such consent. 18 The Public Entity shall not be required to pay or reimburse the Council or the Commissioner of MMB for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are less than the amount of the Outstanding Balance of the Program Grant. Article V COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER’S ORDER Section 5.01 State Bond Financed Property. The Public Entity and the Council acknowledge and agree that the Public Entity’s ownership interest in the Real Property and, if applicable, Facility is, or when acquired by the Public Entity will be, “state bond financed property”, as such term is used in the G.O. Compliance Legislation and the Commissioner’s Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to the Public Entity’s ownership interest in the Real Property and, if applicable, Facility and any Use Contracts relating thereto. Section 5.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees as follows: A. It will not use the Real Property or, if applicable, Facility, or use or invest th e Program Grant or any other sums treated as “bond proceeds” under Section 148 of the Code including “investment proceeds,” “invested sinking funds,” and “replacement proceeds,” in such a manner as to cause the G.O. Bonds to be classified as “arbitrage bonds” under Section 148 of the Code. B. It will deposit into and hold all of the Program Grant that it receives under this Agreement in a segregated non-interest bearing account until such funds are used for payments for the Project in accordance with the provisions contained herein. C. It will, upon written request, provide the Commissioner of MMB all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof, with respect to the G.O. Bonds. D. It will, upon the occurrence of any act or omission by the Public Entity or any Counterparty, that could cause the interest on the G.O. Bonds to no longer be tax exempt and upon direction from the Commissioner of MMB, take such actions and furnish such documents as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include either: (i) compliance with proceedings intended to classify the G.O. Bonds as a “qualified bond” within the meaning of Section 141(e) of the Code, (ii) changing the nature or terms of the Use Contract so that it complies with Revenue Procedure 97-13, 1997-1 CB 632, or (iii) changing the nature of the use of the Real Property or, if applicable, Facility so that none of the net proceeds of the G.O. Bonds will be used, directly or indirectly, in an “unrelated trade or business” or for any “private business use” (within the meaning of Sections 141(b) and 145(a) of the Code), or (iv) compliance with other Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. 19 E. It will not otherwise use any of the Program Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor omit to take any action necessary to maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. Section 5.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order. In the event that the G.O. Compliance Legislation or the Commissioner’s Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity’s ownership interest in the Real Property or, if applicable, Facility is exempt from the G.O. Compliance Legislation and the Commissioner’s Order, then upon written request by the Public Entity the Council shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Public Entity’s ownership interest in the Real Property and, if applicable, Facility from the G.O. Compliance Legislation or the Commissioner’s Order. Article VI DISBURSEMENT OF GRANT PROCEEDS Section 6.01 Disbursement of Grant. Upon compliance with all of the conditions delineated in Section 6.02, the Council shall disburse the Program Grant to the Public Entity in one lump sum. Under no circumstance shall the Council be required to disburse funds in excess of the amount requested by the Public Entity under the provisions contained in Section 6.02.A even if the amount requested is less than the amount of the Program Grant delineated in Section 1.01. If the amount of Program Grant that the Council disburses hereunder to the Public Entity is less than the amount of the Program Grant delineated in Section 1.01, then the Council and the Public Entity shall enter into and execute whatever documents the Council may request in order to amend or modify this Agreement to reduce the amount of the Program Grant to the amount actually disbursed. Provided, however, in accordance with the provisions contained in Section 2.11, the Council’s obligation to disburse any of the Program Grant shall terminate as of the date specified in such Section even if the entire Program Grant has not been disbursed by such date. The Program Grant shall only be for expenses that (i) are for those items of a capital nature for the Project, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the Program Grant, or (iii) have otherwise been consented to, in writing, by the Council and the Commissioner of MMB. Section 6.02 Conditions Precedent to Disbursement of Grant. The obligation of the Council to disburse the Program Grant to the Public Entity is subject to the following conditions precedent: A. The Council shall have received a request for disbursement of the Program Grant specifying the amount of funds being requested, which such amount shall not exceed the amount of the Program Grant delineated in Section 1.01. 20 B. The Council shall have received a duly executed Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon. C. The Council shall have received evidence, in form and substance acceptable to the Council, that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the Declaration are binding on and enforceable against the Public Entity. D. The Council shall have received evidence, in form and substance acceptable to the Council, that the Public Entity has fully and completely paid for the Project and all other expenses that may occur in conjunction therewith. E. The Council shall have received evidence, in form and substance acceptable to the Council, that the Public Entity is in compliance with the matching funds requirements, if any, contained in Section 7.23 and that all of such matching funds, if any, have been expended for the Project. F. The Council shall have received evidence, in form and substance acceptable to the Council, showing that the Public Entity possesses the ownership interest delineated in Section 2.02. G. The Council shall have received evidence, in form and substance acceptable to the Council, that the Real Property and, if applicable, Facility and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and, if required by law, have been duly approved by the applicable municipal or governmental authorities having jurisdiction thereover. H. The Council shall have received evidence, in form and substance acceptable to the Council, that that all applicable and required building permits, other permits, bonds and licenses necessary for the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. I. The Council shall have received evidence, in form and substance acceptable to the Council, that that all applicable and required permits, bonds and licenses necessary for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. J. The Council shall have received evidence, in form and substance acceptable to the Council, that the Project was completed in a manner that will allow the Real Property and, if applicable, Facility to be operated in the manner specified in Section 2.04, which 21 requirement may be satisfied by a certificate of occupancy or such other equivalent document from the municipality in which the Real Property is located. K. The Council shall have received evidence, in form and substance acceptable to the Council, that the Public Entity has the ability and a plan to fund the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04. L. The Council shall have received evidence, in form and substance acceptable to the Council, that the insurance requirements under Section 7.01 have been satisfied. M. The Council shall have received evidence, in form and substance acceptable to the Council, of compliance with the provisions and requirements specified in Section 7.10 and all additional applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time. Such evidence shall include, but not be limited to, evidence that: (i) the predesign package referred to in Section 7.10.B has, if required, been reviewed by and received a favorable recommendation from the Commissioner of Administration for the State of Minnesota, (ii) the program plan and cost estimates referred to in Section 7.10.C have, if required, received a recommendation by the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee, and (iii) the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota Senate Capital Investment Committee have, if required, been notified pursuant to Section 7.10.G. N. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. O. The Public Entity has supplied to the Council all other items that the Council may reasonably require. Article VII MISCELLANEOUS Section 7.01 Insurance. The Public Entity shall, upon acquisition of the ownership interest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the full insurable value thereof (i) by self insuring under a program of self insurance legally adopted, maintained and adequately funded by the Public Entity, or (ii) by way of builders risk insurance and fire and extended coverage insurance with a deductible in an amount acceptable to the Council under which the Council and the Public Entity are named as loss payees. If damages which are covered by such required insurance occur, then the Public Entity shall, at its sole option and discretion, either: (y) use or cause the insurance proceeds to be used to fully or partially repair such damage and to provide or cause to be provided whatever additional funds that may be needed to fully or partially repair such damage, or (z) sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith in accordance with the provisions contained in Section 4.01. 22 If the Public Entity elects to only partially repair such damage, then the portion of the insurance proceeds not used for such repair shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity’s ownership interest in the Real Property and Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity’s ownership interest in the Real Property and Facility. If the Public Entity elects to sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. The Council agrees to and will assign or pay over to the Public Entity all insurance proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes thereon as to the use of such insurance proceeds. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property and, if applicable, Facility, then the Public Entity shall have the Council named as an additional named insured therein. The Public Entity may require a Counterparty to provide and maintain any or all of the insurance required under this Section; provided that the Public Entity continues to be responsible for the providing of such insurance in the event that the Counterparty fails to provide or maintain such insurance. At the written request of either the Council or the Commissioner of MMB, the Public Entity shall promptly furnish to the requesting entity all written notices and all paid premium receipts received by the Public Entity regarding the required insurance, or certificates of insurance evidencing the existence of such required insurance. If the Public Entity fails to provide and maintain the insurance required under this Section, then the Council may, at its sole option and discretion, obtain and maintain insurance of an equivalent nature, and any funds expended by the Council to obtain or maintain such insurance shall be due and payable on demand by the Council and bear interest from the date of advancement by the Council at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365-day year. Provided, however, nothing contained herein, including but not limited to this Section, shall require the Council to obtain or maintain such insurance, and the Council’s decision to not obtain or maintain such insurance shall not lessen the Public Entity’s duty to obtain and maintain such insurance. Section 7.02 Condemnation. If after the Public Entity has acquired the ownership interest delineated in Section 2.02 all or any portion of the Real Property and, if applicable, Facility is condemned to an extent that the Public Entity can no longer comply with the provisions contained in Section 2.04, then the Public Entity shall, at its sole option and discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an interest in additional real property needed for the Public Entity to continue to comply with the provisions contained in Section 2.04 and, if applicable, to fully or partially restore the Facility, and to 23 provide or cause to be provided whatever additional funds that may be needed for such purposes, or (ii) sell the remaining portion of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01. Any condemnation proceeds which are not used to acquire an interest in additional real property or to restore, if applicable, the Facility shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity’s ownership interest in the Real Property and, if applicable, Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity’s ownership interest in the remaining Real Property and, if applicable, Facility. If the Public Entity elects to sell its ownership interest in the portion of the Real Property and, if applicable, Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. As recipient of any of condemnation awards or proceeds referred to herein, the Council agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation awards or proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes upon the Public Entity as to the use of such condemnation awards or proceeds. Section 7.03 Use, Maintenance, Repair and Alterations. The Public Entity shall (i) keep the Real Property and, if applicable, Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Real Property and promptly restore in like manner any portion of the Facility, if applicable, which may be damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real Property or, if applicable, Facility, or any part thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (v) comply with the provisions of any Real Property/Facility Lease if the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, is a leasehold interest, (vi) comply with the provisions of any easement if its ownership interest in the Real Property and, if applicable, Facility is by way of such easement, and (vii) comply with the provisions of any condominium documents and any applicable reciprocal easement or operating agreements if the Real Property and, if applicable, Facility, is part of a condominium regime or is subject to a reciprocal easement or use contract. The Public Entity shall not, without the written consent of the Council and the Commissioner of MMB, (a) permit or suffer the use of any of the Real Property or, if applicable, Facility, for any purpose other than the purposes specified in Section 2.04, (b) remove, demolish or substantially alter any of the Real Property or, if applicable, Facility, except such alterations as may be required by laws, ordinances or regulations or such other alterations as may improve such Real Property or, if applicable, Facility by increasing the value thereof or improving its ability to be used to operate the State Program thereon or therein, (c) do any act or thing which would 24 unduly impair or depreciate the value of the Real Property or, if applicable, Facility, (d) abandon the Real Property or, if applicable, Facility, (e) commit or permit any waste or deterioration of the Real Property or, if applicable, Facility, (f) remove any fixtures or personal property from the Real Property or, if applicable, Facility, that was paid for with the proceeds of the Program Grant unless the same are immediately replaced with like property of at least equal value and utility, or (g) commit, suffer or permit any act to be done in or upon the Real Property or, if applicable, Facility, in violation of any law, ordinance or regulation. If the Public Entity fails to maintain the Real Property and, if applicable, Facility in accordance with the provisions contained in this Section, then the Council may perform whatever acts and expend whatever funds that are necessary to so maintain the Real Property and, if applicable, Facility and the Public Entity irrevocably authorizes and empowers the Council to enter upon the Real Property and, if applicable, Facility, to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility. Any actions taken or funds expended by the Council hereunder shall be at its sole option and discretion, and nothing contained herein, including but not limited to this Section, shall require the Council to take any action, incur any expense, or expend any funds, and the Council shall not be responsible for or liable to the Public Entity or any other entity for any such acts that are undertaken and performed in good faith and not in a negligent manner. Any funds expended by the Council to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility shall be due and payable on demand by the Council and bear interest from the date of advancement by the Council at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365 day year. Section 7.04 Records Keeping and Reporting. The Public Entity shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the Project and operation of the Real Property and, if applicable, Facility needed to comply with the requirements contained in this Agreement, the G.O. Compliance Legislation, the Commissioner’s Order, and the State Program Enabling Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow the Council, auditors for the Council, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of such items. The Public Entity shall use or cause the entity which is maintaining such items to use generally accepted accounting principles in the maintenance of such items, and shall retain or cause to be retained (i) all of such items that relate to the Project for a period of 6 years from the date that the Project is fully completed and placed into operation, and (ii) all of such items that relate to the operation of the Real Property and, if applicable, Facility for a period of 6 years from the date such operation is initiated. Section 7.05 Inspections by Council. Upon reasonable request by the Council and without interfering with the normal use of the Real Property and, if applicable, Facility, the Public Entity shall allow, and will require any entity to whom it leases, subleases, or enters into a Use Contract for any portion of the Real Property and, if applicable, Facility to allow the Council to inspect the Real Property and, if applicable, Facility. Section 7.06 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the Program Grant, the Project, or the operation of the Real Property and, if 25 applicable, Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.07 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project, or operation or management of the Real Property and, if applicable, Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes that exist as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.08 Worker’s Compensation. The Public Entity agrees to comply with all of the provisions relating to worker’s compensation contained in Minn. Stat. §§ 176.181, subd. 2 and 176.182, as they may be amended, modified or replaced from time to time, with respect to the Project and the operation or management of the Real Property and, if applicable, Facility. Section 7.09 Antitrust Claims. The Public Entity hereby assigns to the Council and the Commissioner of MMB all claims it may have for overcharges as to goods or services provided with respect to the Project, and operation or management of the Real Property and, if applicable, Facility that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 7.10 CONTENTS OF SECTION 7.10 HAVE BEEN DELIBERATELY OMITTED FROM THIS AGREEMENT. Section 7.11 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect to the Project and the operation of the State Program on or in the Real Property and, if applicable, Facility. By agreeing t o this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project or the operation of the State Program on or in the Real Property and, if applicable, Facility. Section 7.12 Liability. The Public Entity and the Council agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof. The liability of the Council and the Commissioner of MMB is governed by the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced from time to time. If the Public Entity is a “municipality” as such term is used in Chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Public Entity, including but not limited to the indemnification provided under Section 7.13, is governed by the provisions contained in such Chapter 466. 26 Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all loss, expense (including attorneys’ fees), and damage in connection with the Project and operation of the Real Property and, if applicable, Facility, and agrees to indemnify and hold harmless the Council, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees from all claims, demands and judgments made or recovered against the Council, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees, because of bodily injuries, including death at any time resulting therefrom, or because of damages to property of the Council, the Commissioner of MMB, or the State of Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the Project or operation of the Real Property and, if applicable, Facility, whether or not due to any act of omission or commission, including negligence of the Public Entity or any contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission (excluding, however, negligence or breach of statutory duty) of the Council, the Commissioner of MMB, or the State of Minnesota, their employees, servants or agents. The Public Entity further agrees to indemnify, save, and hold the Council, the Commissioner of MMB, and the State of Minnesota, their agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation by the Public Entity, its officers, employees, or agents, or by any Counterparty, its officers, employees, or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 7.06. The Public Entity’s liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance policy. Section 7.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co- partners or a joint venture between the Public Entity, the Council, or the Commissioner of MMB, nor shall the Public Entity be considered or deemed to be an agent, representative, or employee of the Council, the Commissioner of MMB, or the State of Minnesota in the performance of this Agreement, the Project, or operation of the Real Property and, if applicable, Facility. The Public Entity represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the Project, and the operation and maintenance of the Real Property and, if applicable, Facility. All personnel of the Public Entity or other persons while engaging in the performance of this Agreement, the Project, or the operation and maintenance of the Real Property and, if applicable, Facility shall not have any contractual relationship with the Council, the Commissioner of MMB, or the State of Minnesota, and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity, its officers, agents, contractors, or employees shall in no way be the responsibility of the Council, the Commissioner of MMB, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the Council, the Commissioner of 27 MMB, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 7.15 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: To the Public Entity at: 477 Temperance St. St. Paul , MN 55101 Attention: Diane Hankee To the Council at: Metropolitan Council 390 Robert Street North St. Paul, MN 55101 Attention: Regional Administrator To the Commissioner of MMB at: Minnesota Department of Management and Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Section 7.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Public Entity and the Council, and their respective successors and assigns. Provided, however, that neither the Public Entity nor the Council may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Declaration shall be binding on either the Public Entity or the Council unless such change or modification is in writing and signed by an authorized official of the party or against which such change or modification is to be imposed. Section 7.17 Waiver. Neither the failure by the Public Entity, the Council, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of the Public Entity, the Council, or the Commissioner of MMB, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no 28 delay on the part of the Public Entity, the Council, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 7.18 Entire Agreement. This Agreement, the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the Council, and there are no other agreements, either oral or written, between the Public Entity and the Council on the subject matter hereof. Section 7.19 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 7.20 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 7.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 7.22 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 7.23 Matching Funds. The Public Entity must obtain and supply the following matching funds, if any, for the Project: NONE Any matching funds which are intended to meet the above requirements must either be in the form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including equity, which have been or will be used to pay for the Project. The Public Entity shall supply to the Commissioner of MMB whatever documentation the Commissioner of MMB may request to substantiate the availability and source of any matching funds, and the source and terms relating to all matching funds must be consented to, in writing, by the Commissioner of MMB. Section 7.24 Source and Use of Funds. The Public Entity represents to the Council and the Commissioner of MMB that Attachment III is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. 29 A. The total cost of the Project detailing all of the major elements that make up such total cost and how much of such total cost is attributed to each such major element. B. The source of all funds needed to complete the Project broken down among the following categories: (i) State funds including the Program Grant, identifying the source and amount of such funds. (ii) Matching funds, identifying the source and amount of such funds. (iii) Other funds supplied by the Public Entity, identifying the source and amount of such funds. (iv) Loans, identifying each such loan, the entity providing the loan, the amount of each such loan, the terms and conditions of each such loan, and all collateral pledged for repayment of each such loan. (v) Other funds, identifying the source and amount of such funds. C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. Previously paid project expenses that are to be reimbursed and paid from proceeds of the Program Grant may only be included as a source of funds and included in Attachment III if such items have been approved, in writing, by the Commissioner of MMB. If any of the funds included under the source of funds have conditions precedent to the release of such funds, then the Public Entity must provide to the Council and the Commissioner of MMB a detailed description of such conditions and what is being done to satisfy such conditions. The Public Entity shall also supply whatever other information and documentation that the Council or the Commissioner of MMB may request to support or explain any of the information contained in Attachment III. The value of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility should only be shown in Attachment III if such ownership interest is being acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value should be shown in the definition for Ownership Value in Section 1.01 and not included in such Attachment III. The funds shown in Attachment III and to be supplied for the Project may, subject to any limitations contained in the State Program Enabling Legislation, be provided by either the Public Entity or a Counterparty under a Use Contract. Section 7.25 Third-Party Beneficiary. The State Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the Council and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement. 30 Section 7.26 Public Entity Tasks. Any tasks that this Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 7.27 Council and Commissioner Required Acts and Approvals. The Council and the Commissioner of MMB shall not (i) perform any act herein required or authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein. Section 7.28 Applicability to Real Property and Facility. This Agreement applies to the Public Entity’s ownership interest in the Real Property and if a Facility exists to the Facility. The term “if applicable” appearing in conjunction with the term “Facility” is meant to indicate that this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Public Entity’s ownership interest in the Real Property. Section 7.29 E-Verification. The Public Entity agrees and acknowledges that it is aware of Minn. Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such statute and impose a similar requirement in any Use Contract to which it is a party. Section 7.30 Jobs Reporting Requirements. Pursuant to Minn. Stat. § 16A.633, Subd. 4, the Public Entity shall collect, maintain and, upon completion of the Project, provide the information indicated in Attachment V of this Agreement, to the Commissioner of MMB. The information must include, but is not limited to, the following: the number and types of jobs created by the Project, whether the jobs are new or retained, where the jobs are located and the pay ranges of the jobs. Section 7.31 Additional Requirements. The Public Entity and the Council agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control. NONE American-Made Steel. Minnesota Laws 2014, Chapter 294, Article 2, Section 22, requires public entities receiving an appropriation of public money for a project in that act to ensu re those facilities are built with American-made steel, to the extent practicable. The Public Entity shall comply with this requirement, and shall furnish any documentation pursuant thereto reasonably requested by the Council. NONE 31 [THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] CITY OF LINO LAKES RESOLUTION NO. 19-140 RESOLUTION ACCEPTING AND APPROVING THE GRANT AGREEMENT BETWEEN THE CITY OF LINO LAKES AND THE METROPOLITAN COUNCIL OF ENVIRONMENTAL SERVICES FOR THE IMPROVEMENT OF PUBLICALLY OWNED INFRASTRUCTURE AND APPROVING CERTIFICATE OF REAL PROPERTY WHEREAS, the Minnesota Legislature has appropriated to the Metropolitan Council of Environmental Services (MCES) in the 2017 and 2018 State Bonding Bills, $8,739,000 for a grant program to be administered by the MCES for the purpose of providing grants to municipalities for capital improvements to public municipal wastewater collection systems to reduce the amount of inflow and infiltration to the MCES metropolitan sanitary sewer disposal system (I/I Municipal Grant Program). WHEREAS, the MCES has identified the City of LINO LAKES as a contributor of excessive inflow and infiltration to the MCES metropolitan sanitary sewer disposal system and thus an eligible applicant for grant funds under the I/I Municipal Grant Program. WHEREAS, grant monies will be awarded to pre-approved municipalities for a pre-determined amount up to 50% of eligible improvements completed between May 31, 2017 and November 1, 2019. WHEREAS, The City of LINO LAKES has submitted an application to the Metropolitan Council of Environmental Services (MCES) for grant funding for improvements to the publicly owned sanitary sewer system to reduce inflow and infiltration; and WHEREAS, The MCES has determined to contribute one-half of the actual amount of eligible expenses during the grant activity period up to an estimated Preliminary Minimum Allocation (PMA) of $50,000. In addition to the PMA an additional Final Reimbursement Amount (FRA) will be allocated proportionally to grant participants, determined based on eligible project expenses submitted and available remaining grant program funds. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes: 1. The City of LINO LAKES has budgeted and completed the City’s portion of the improvements as set forth in the agreement; and 2. The City Council agrees to accept and approve the Grant Agreement between the City of LINO LAKES and the Metropolitan Council of Environmental Services; and 3. The City Council hereby authorizes the City Administrator and the City Clerk to execute said Agreement for and on behalf of the City of LINO LAKES. 4. The City Council hereby approves the Certificate of Real Property. 2 Adopted by the Council of the City of Lino Lakes this 28th day of October, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 6D STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: October 28, 2019 TOPIC: Consider Resolution No. 19-141, Adopting Assessments, 2019 Individual Properties VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting City Council consideration to adopt assessments for a property where the owners have requested connection to City utilities and have entered into a Petition and Waiver Agreement. BACKGROUND The property owners have submitted a signed waiver, which waives their rights to a hearing and waives their rights to appeal under the Lino Lake City Charter and/or Minnesota Statute 429 provided that the assessment associated with the improvement is levied against their property, or they have entered into a Performance Contract with the City. We are prepared to adopt the assessment for the following individual properties, which requested connection to city utilities: - 7932 Lake Drive - 6881 Rustic Lane - 7002 West Shadow Lake Drive - 7006 West Shadow Lake Drive - 6994 West Shadow Lake Drive - 1427 Pond View Circle The total amount to be assessed is $69,205.38. Attached is the proposed assessment roll. RECOMMENDATION Staff is recommending approval of Resolution No. 19-141, Adopting Assessments, 2019 Individual Properties. ATTACHMENTS 1. Resolution No. 19-141 2. Assessment Roll CITY OF LINO LAKES RESOLUTION NO. 19-141 RESOLUTION ADOPTING INDIVIDUAL ASSESSMENTS WHEREAS, pursuant to an executed Petition and Waiver Agreement, associated property owners waive all rights to a hearing on conducting of local improvements which will benefit the following properties which requested connection to City utilities: - 7932 Lake Drive - 6881 Rustic Lane - 7002 West Shadow Lake Drive - 7006 West Shadow Lake Drive - 6994 West Shadow Lake Drive - 1427 Pond View Circle NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes: 1. Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of fifteen years, the first installment to be payable on or before the first Monday in January, 2020, and shall bear interest at the rate of five percent (5%) per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2019. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the owner may, at any time thereafter, pay to the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of Lino Lakes, Minnesota this 28th day of October, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 6E STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: October 28, 2019 TOPIC: Consider Resolution No. 19-142, Adopting Assessments, Eastside Villas VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting City Council consideration to adopt assessments for the Eastside Villas Development pursuant the Development Agreement for the project. BACKGROUND The City Council approved the Development Agreement for Eastside Villas on April 25th, 2019. The Agreement provides for the assessment of trunk water, sanitary sewer and surface water fees. The total amount to be assessed is $272,552.00. In the above referenced Development Agreement, the developer has waived any and all procedural and substantive objections to the special assessments. The developer has reviewed and approved the assessments. Attached is the proposed assessment roll. RECOMMENDATION Staff is recommending approval of Resolution No. 19-142, Adopting Assessments, Eastside Villas. ATTACHMENTS 1. Resolution No. 19-142 2. Assessment Roll CITY OF LINO LAKES RESOLUTION NO. 19-142 RESOLUTION ADOPTING SPECIAL ASSESSMENTS, EASTSIDE VILLAS WHEREAS, pursuant to the development agreement dated April 25th, 2019, the developer waives all rights to a hearing on conducting of local improvements which will benefit the properties within the Eastside Villas development which requested connection to City utilities, NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes: 1. Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of fifteen years, the first installment to be payable on or before the first Monday in January, 2020, and shall bear interest at the rate of five percent (5%) per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2019. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the owner may, at any time thereafter, pay to the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of Lino Lakes, Minnesota this 28th day of October, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk ASSESSMENT ROLL OCTOBER 28, 2019 EASTSIDE VILLAS LINO LAKES, MINNESOTA SANITARY WATER SANITARY ACCESS WATER ACCESS SURFACE TOTAL PIN ADDRESS UNIT TRUNK CHARGE (SAC)TRUNK CHARGE (SAC)WATER ASSESSMENT 25-31-22-21-0074 2154 Dogwood Street 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0075 2160 Dogwood Street 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0076 2166 Dogwood Street 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0077 6730 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0078 6734 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0079 6738 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0080 6742 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0081 6746 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0082 6750 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0083 6754 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0084 6758 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0085 6762 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0086 6766 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0087 6770 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0088 6774 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0089 6778 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0090 6782 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0091 6786 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0092 2171 Butternut Street 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0093 2165 Butternut Street 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0094 2159 Butternut Street 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0095 2153 Butternut Street 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0096 6739 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0097 6745 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0098 6751 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0099 6755 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0100 6759 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0101 6763 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0102 6767 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0103 6771 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0104 6775 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ 25-31-22-21-0105 6779 Ivywood Avenue 1,573.00$ 1,471.00$ 2,259.00$ 1,421.00$ 1,793.25$ 8,517.25$ TOTAL 50,336.00$ 47,072.00$ 72,288.00$ 45,472.00$ 57,384.00$ 272,552.00$ CITY COUNCIL AGENDA ITEM 6F STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: October 28, 2019 TOPIC: Consider Resolution No. 19-143, Adopting Assessments, Watermark VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting City Council consideration to adopt assessments for the Watermark development pursuant the Development Agreement for the project. BACKGROUND The City Council approved the Development Agreement for Watermark on February 7th, 2019. The Agreement provides for the assessment of watermain and sanitary sewer. The total amount to be assessed is $1,055,605.00. In the above referenced Development Agreement, the developer has waived any and all procedural and substantive objections to the special assessments. The developer has reviewed and approved the assessments. Attached is the proposed assessment roll. RECOMMENDATION Staff is recommending approval of Resolution No. 19-143, Adopting Assessments, Watermark. ATTACHMENTS 1. Resolution No. 19-143 2. Assessment Roll CITY OF LINO LAKES RESOLUTION NO. 19-143 RESOLUTION ADOPTING SPECIAL ASSESSMENTS, WATERMARK WHEREAS, pursuant to the development agreement dated February 7th, 2019, the developer waives all rights to a hearing on conducting of local improvements which will benefit the properties within the Watermark development which requested connection to City utilities, NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes: 1. Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of fifteen years, the first installment to be payable on or before the first Monday in January, 2020, and shall bear interest at the rate of five percent (5%) per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2019. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the owner may, at any time thereafter, pay to the City the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of Lino Lakes, Minnesota this 28th day of October, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk ASSESSMENT ROLL OCTOBER 28, 2019 WATERMARK 1ST ADDITION LINO LAKES, MINNESOTA SANITARY WATER SANITARY ACCESS WATER ACCESS SURFACE TOTAL PIN ADDRESS UNIT TRUNK*CHARGE (SAC)TRUNK**CHARGE (SAC)WATER ASSESSMENT 13-31-22-32-0002 2031 Diamond Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0003 2035 Diamond Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0004 2039 Diamond Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0005 2043 Diamond Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0006 2047 Diamond Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0007 2051 Diamond Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0008 7305 Crane Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0009 7309 Crane Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0010 7313 Crane Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0011 7317 Crane Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0012 7321 Crane Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0013 2020 Diamond Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0014 2024 Diamond Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0015 2028 Diamond Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0016 2032 Diamond Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0017 2036 Diamond Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0018 2040 Diamond Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0019 2044 Diamond Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0002 2048 Diamond Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0003 2052 Diamond Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0004 2056 Diamond Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0005 7292 Crane Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0006 7296 Crane Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0007 7300 Crane Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0020 7304 Crane Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0021 7308 Crane Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0022 7312 Crane Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0023 7316 Crane Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0024 7311 Geneva Court 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0025 7307 Geneva Court 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0026 7303 Geneva Court 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0027 7299 Geneva Court 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0008 7295 Geneva Court 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0009 7291 Geneva Court 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0010 7286 Geneva Court 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0011 7290 Geneva Court 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0012 7294 Geneva Court 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0005 7298 Geneva Court 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0006 7302 Geneva Court 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-31-0003 7306 Geneva Court 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-31-0004 7310 Geneva Court 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-31-0005 7303 Watermark Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0007 7299 Watermark Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0008 7285 Watermark Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0009 7281 Watermark Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0010 7277 Watermark Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0011 7273 Watermark Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0012 7269 Watermark Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0013 7265 Watermark Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0016 7261 Watermark Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0030 2089 Harriet Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0031 2093 Harriet Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-32-0032 2097 Harriet Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-31-0007 2101 Harriet Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-31-0008 2105 Harriet Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-31-0009 2109 Harriet Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-31-0010 2113 Harriet Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-31-0011 2117 Harriet Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-31-0012 2121 Harriet Lane 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0015 7292 Watermark Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0016 7288 Watermark Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0017 7284 Watermark Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0018 7280 Watermark Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0019 7276 Watermark Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0020 7272 Watermark Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0021 7268 Watermark Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0022 7264 Watermark Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0023 7260 Watermark Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0024 7256 Watermark Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0025 7252 Watermark Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0026 2101 Cass Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0027 2103 Cass Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0028 2105 Cass Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0029 2107 Cass Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0030 2109 Cass Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0031 2111 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0032 2113 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0033 2115 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0034 2117 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0035 2119 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0036 2121 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0037 2123 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0038 2125 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0039 2127 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0040 2129 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0041 2131 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0042 2133 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0043 2135 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0044 2137 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0045 7252 Dora Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0046 7255 Fall Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0047 7253 Fall Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0048 7250 Dora Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0049 7248 Dora Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0050 7251 Fall Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0051 7249 Fall Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0052 7246 Dora Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0053 7244 Dora Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0054 7243 Fall Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0055 7241 Fall Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0056 7242 Dora Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0057 7240 Dora Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0058 7239 Fall Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0059 7237 Fall Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0060 7238 Dora Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0061 7226 Dora Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0062 7225 Elmo Court 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0063 7223 Elmo Court 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0064 7224 Dora Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0065 7222 Dora Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0066 7221 Elmo Court 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0067 7219 Elmo Court 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0068 7220 Dora Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0069 2144 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0070 2142 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0071 2140 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0072 2138 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0073 2136 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0074 2128 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0075 2126 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0076 2124 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0077 2122 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0078 2120 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0079 2114 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0080 2112 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0081 2110 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0082 2108 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0083 2106 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0084 2105 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0085 2107 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0086 2109 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0087 2111 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0088 2104 Cass Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0089 2106 Cass Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0090 2108 Cass Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0091 2110 Cass Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0092 7229 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0093 7227 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0094 7225 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0095 7223 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0096 7221 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0097 2127 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0098 2129 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0099 2131 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0100 2133 Ada Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0101 7223 Dora Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0102 7225 Dora Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0103 7227 Dora Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0104 7229 Dora Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0105 7231 Dora Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0106 7243 Dora Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0107 7245 Dora Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0108 7247 Dora Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0109 7249 Dora Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0110 2124 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0111 2122 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0112 2120 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0113 2118 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0114 2116 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0115 7230 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0116 7228 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0117 7226 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-34-0118 7224 Bay Drive 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0020 2119 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0021 2115 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0022 2111 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0023 2107 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0024 2103 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0025 2099 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0026 2095 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0027 2091 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0028 2087 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0029 2083 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0030 2079 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0031 2075 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0032 2071 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0033 2067 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0034 2063 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0035 2059 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0036 2055 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0037 2051 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0038 2047 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0039 2043 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0040 2039 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0041 2098 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0042 2094 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0043 2090 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0044 2086 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0045 2082 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0046 2078 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0047 2060 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0048 2054 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ 13-31-22-33-0049 2050 Balsam Way 999.29$ 1,408.00$ 1,702.17$ 1,360.00$ -$ 5,469.46$ TOTAL 192,863.00$ 271,744.00$ 328,518.00$ 262,480.00$ -$ 1,055,605.00$ * SANITARY TRUNK CREDIT OF $505.71 APPLIED TO $1,505.00 SANITARY TRUNK FEE ** WATER TRUNK CREDIT OF $459.83 APPLIED TO $1,360.00 WATER TRUNK FEE 13-31-22-32-0002 2031 Diamond Lane 13-31-22-32-0003 2035 Diamond Lane 13-31-22-32-0004 2039 Diamond Lane 13-31-22-32-0005 2043 Diamond Lane 13-31-22-32-0006 2047 Diamond Lane 13-31-22-32-0007 2051 Diamond Lane 13-31-22-32-0008 7305 Crane Drive 13-31-22-32-0009 7309 Crane Drive 13-31-22-32-0010 7313 Crane Drive 13-31-22-32-0011 7317 Crane Drive 13-31-22-32-0012 7321 Crane Drive 13-31-22-32-0013 2020 Diamond Lane 13-31-22-32-0014 2024 Diamond Lane 13-31-22-32-0015 2028 Diamond Lane 13-31-22-32-0016 2032 Diamond Lane 13-31-22-32-0017 2036 Diamond Lane 13-31-22-32-0018 2040 Diamond Lane 13-31-22-32-0019 2044 Diamond Lane 13-31-22-33-0002 2048 Diamond Lane 13-31-22-33-0003 2052 Diamond Lane 13-31-22-33-0004 2056 Diamond Lane 13-31-22-33-0005 7292 Crane Drive 13-31-22-33-0006 7296 Crane Drive 13-31-22-33-0007 7300 Crane Drive 13-31-22-32-0020 7304 Crane Drive 13-31-22-32-0021 7308 Crane Drive 13-31-22-32-0022 7312 Crane Drive 13-31-22-32-0023 7316 Crane Drive 13-31-22-32-0024 7311 Geneva Court 13-31-22-32-0025 7307 Geneva Court 13-31-22-32-0026 7303 Geneva Court 13-31-22-32-0027 7299 Geneva Court 13-31-22-33-0008 7295 Geneva Court 13-31-22-33-0009 7291 Geneva Court 13-31-22-33-0010 7286 Geneva Court 13-31-22-33-0011 7290 Geneva Court 13-31-22-33-0012 7294 Geneva Court 13-31-22-34-0005 7298 Geneva Court 13-31-22-34-0006 7302 Geneva Court 13-31-22-31-0003 7306 Geneva Court 13-31-22-31-0004 7310 Geneva Court 13-31-22-31-0005 7303 Watermark Way 13-31-22-34-0007 7299 Watermark Way 13-31-22-34-0008 7285 Watermark Way 13-31-22-34-0009 7281 Watermark Way 13-31-22-34-0010 7277 Watermark Way 13-31-22-34-0011 7273 Watermark Way 13-31-22-34-0012 7269 Watermark Way 13-31-22-34-0013 7265 Watermark Way 13-31-22-34-0016 7261 Watermark Way 13-31-22-32-0030 2089 Harriet Lane 13-31-22-32-0031 2093 Harriet Lane 13-31-22-32-0032 2097 Harriet Lane 13-31-22-31-0007 2101 Harriet Lane 13-31-22-31-0008 2105 Harriet Lane 13-31-22-31-0009 2109 Harriet Lane 13-31-22-31-0010 2113 Harriet Lane 13-31-22-31-0011 2117 Harriet Lane 13-31-22-31-0012 2121 Harriet Lane 13-31-22-34-0015 7292 Watermark Way 13-31-22-34-0016 7288 Watermark Way 13-31-22-34-0017 7284 Watermark Way 13-31-22-34-0018 7280 Watermark Way 13-31-22-34-0019 7276 Watermark Way 13-31-22-34-0020 7272 Watermark Way 13-31-22-34-0021 7268 Watermark Way 13-31-22-34-0022 7264 Watermark Way 13-31-22-34-0023 7260 Watermark Way 13-31-22-34-0024 7256 Watermark Way 13-31-22-34-0025 7252 Watermark Way 13-31-22-34-0026 2101 Cass Drive 13-31-22-34-0027 2103 Cass Drive 13-31-22-34-0028 2105 Cass Drive 13-31-22-34-0029 2107 Cass Drive 13-31-22-34-0030 2109 Cass Drive 13-31-22-34-0031 2111 Bay Drive 13-31-22-34-0032 2113 Bay Drive 13-31-22-34-0033 2115 Bay Drive 13-31-22-34-0034 2117 Bay Drive 13-31-22-34-0035 2119 Bay Drive 13-31-22-34-0036 2121 Bay Drive 13-31-22-34-0037 2123 Bay Drive 13-31-22-34-0038 2125 Bay Drive 13-31-22-34-0039 2127 Bay Drive 13-31-22-34-0040 2129 Bay Drive 13-31-22-34-0041 2131 Bay Drive 13-31-22-34-0042 2133 Bay Drive 13-31-22-34-0043 2135 Bay Drive 13-31-22-34-0044 2137 Bay Drive 13-31-22-34-0045 7252 Dora Drive 13-31-22-34-0046 7255 Fall Drive 13-31-22-34-0047 7253 Fall Drive 13-31-22-34-0048 7250 Dora Drive 13-31-22-34-0049 7248 Dora Drive 13-31-22-34-0050 7251 Fall Drive 13-31-22-34-0051 7249 Fall Drive 13-31-22-34-0052 7246 Dora Drive 13-31-22-34-0053 7244 Dora Drive 13-31-22-34-0054 7243 Fall Drive 13-31-22-34-0055 7241 Fall Drive 13-31-22-34-0056 7242 Dora Drive 13-31-22-34-0057 7240 Dora Drive 13-31-22-34-0058 7239 Fall Drive 13-31-22-34-0059 7237 Fall Drive 13-31-22-34-0060 7238 Dora Drive 13-31-22-34-0061 7226 Dora Drive 13-31-22-34-0062 7225 Elmo Court 13-31-22-34-0063 7223 Elmo Court 13-31-22-34-0064 7224 Dora Drive 13-31-22-34-0065 7222 Dora Drive 13-31-22-34-0066 7221 Elmo Court 13-31-22-34-0067 7219 Elmo Court 13-31-22-34-0068 7220 Dora Drive 13-31-22-34-0069 2144 Ada Drive 13-31-22-34-0070 2142 Ada Drive 13-31-22-34-0071 2140 Ada Drive 13-31-22-34-0072 2138 Ada Drive 13-31-22-34-0073 2136 Ada Drive 13-31-22-34-0074 2128 Ada Drive 13-31-22-34-0075 2126 Ada Drive 13-31-22-34-0076 2124 Ada Drive 13-31-22-34-0077 2122 Ada Drive 13-31-22-34-0078 2120 Ada Drive 13-31-22-34-0079 2114 Ada Drive 13-31-22-34-0080 2112 Ada Drive 13-31-22-34-0081 2110 Ada Drive 13-31-22-34-0082 Block 6 Lot 57 Watermark, 2108 Ada Drive 13-31-22-34-0083 2106 Ada Drive 13-31-22-34-0084 2105 Ada Drive 13-31-22-34-0085 2107 Ada Drive 13-31-22-34-0086 2109 Ada Drive 13-31-22-34-0087 2111 Ada Drive 13-31-22-34-0088 2104 Cass Drive 13-31-22-34-0089 2106 Cass Drive 13-31-22-34-0090 2108 Cass Drive 13-31-22-34-0091 2110 Cass Drive 13-31-22-34-0092 7229 Bay Drive 13-31-22-34-0093 7227 Bay Drive 13-31-22-34-0094 7225 Bay Drive 13-31-22-34-0095 7223 Bay Drive 13-31-22-34-0096 7221 Bay Drive 13-31-22-34-0097 2127 Ada Drive 13-31-22-34-0098 2129 Ada Drive 13-31-22-34-0099 2131 Ada Drive 13-31-22-34-0100 2133 Ada Drive 13-31-22-34-0101 7223 Dora Drive 13-31-22-34-0102 7225 Dora Drive 13-31-22-34-0103 7227 Dora Drive 13-31-22-34-0104 7229 Dora Drive 13-31-22-34-0105 7231 Dora Drive 13-31-22-34-0106 7243 Dora Drive 13-31-22-34-0107 7245 Dora Drive 13-31-22-34-0108 7247 Dora Drive 13-31-22-34-0109 7249 Dora Drive 13-31-22-34-0110 2124 Bay Drive 13-31-22-34-0111 2122 Bay Drive 13-31-22-34-0112 2120 Bay Drive 13-31-22-34-0113 2118 Bay Drive 13-31-22-34-0114 2116 Bay Drive 13-31-22-34-0115 7230 Bay Drive 13-31-22-34-0116 7228 Bay Drive 13-31-22-34-0117 7226 Bay Drive 13-31-22-34-0118 7224 Bay Drive 13-31-22-33-0020 2119 Balsam Way 13-31-22-33-0021 2115 Balsam Way 13-31-22-33-0022 2111 Balsam Way 13-31-22-33-0023 2107 Balsam Way 13-31-22-33-0024 2103 Balsam Way 13-31-22-33-0025 2099 Balsam Way 13-31-22-33-0026 2095 Balsam Way 13-31-22-33-0027 2091 Balsam Way 13-31-22-33-0028 2087 Balsam Way 13-31-22-33-0029 2083 Balsam Way 13-31-22-33-0030 2079 Balsam Way 13-31-22-33-0031 2075 Balsam Way 13-31-22-33-0032 2071 Balsam Way 13-31-22-33-0033 2067 Balsam Way 13-31-22-33-0034 2063 Balsam Way 13-31-22-33-0035 2059 Balsam Way 13-31-22-33-0036 2055 Balsam Way 13-31-22-33-0037 2051 Balsam Way 13-31-22-33-0038 2047 Balsam Way 13-31-22-33-0039 2043 Balsam Way 13-31-22-33-0040 2039 Balsam Way 13-31-22-33-0041 2098 Balsam Way 13-31-22-33-0042 2094 Balsam Way 13-31-22-33-0043 2090 Balsam Way 13-31-22-33-0044 2086 Balsam Way 13-31-22-33-0045 2082 Balsam Way 13-31-22-33-0046 2078 Balsam Way 13-31-22-33-0047 2060 Balsam Way 13-31-22-33-0048 2054 Balsam Way 13-31-22-33-0049 2050 Balsam Way