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
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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
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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
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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
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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 011374-000 MATHEW F & TERI M KRIEGER 29-31-22-33-0035 6457 RICE CT 6457 RICE CT LINO LAKES, MN 55014-1408 72.27
1 011714-000 JOSEPH PAUL 32-31-22-24-0010 6243 HOLLOW LN 6243 HOLLOW LN LINO LAKES, MN 55014-5496 72.49
1 010153-000 VIOLET GRAVES 99915-085001 211 PLUM LN 211 PLUM LN LINO LAKES, MN 55014-1474 78.52
1 010164-000 RICHARD SANDBERG 99915-088001 230 PLUM LN 230 PLUM LN LINO LAKES, MN 55014-1474 80.53
1 011381-000 JAMES MAROLT 32-31-22-12-0027 615 RIVER BIRCH PL 615 RIVER BIRCH PL LINO LAKES, MN 55014-1952 84.31
1 011690-001 HEINZ WORTMANN 32-31-22-23-0066 6211 GLEN CIR 6211 GLEN CIR LINO LAKES, MN 55014-5495 84.31
1 009137-000 JAN DARROW 31-31-22-34-0006 175 ASH ST 175 ASH ST SHOREVIEW, MN 55126-1130 86.19
1 011529-000 JEREMIAH DAME & HANNELORE 29-31-22-33-0053 6498 WARE RD 6498 WARE RD LINO LAKES, MN 55014-1443 90.48
1 011398-000 CHARLES & LYNETTE CHEESEBROUGH 32-31-22-12-0019 664 RIVER BIRCH PL 664 RIVER BIRCH PL LINO LAKES, MN 55014-1950 101.78
1 009936-000 MARTIN & TIFFANY CAVEGN 30-31-22-41-0041 6534 WARE RD 6534 WARE RD LINO LAKES, MN 55014-1404 104.59
1 010510-000 JEREMY LATTIMORE 32-31-22-23-0043 432 COYOTE TRL 432 COYOTE TRL LINO LAKES, MN 55014-3324 129.22
1 010226-000 NANCY NEWELL 29-31-22-33-0063 413 ARROWHEAD DR 413 ARROWHEAD DR LINO LAKES, MN 55014-1435 151.77
1 016037-000 NATHAN KOCH 29-31-22-34-0063 502 ARROWHEAD DR 502 ARROWHEAD DR LINO LAKES, MN 55014-1451 151.77
1 010293-000 AMANDA NYGAARD 29-31-22-34-0061 564 ARROWHEAD CT 564 ARROWHEAD CT LINO LAKES, MN 55014-1487 151.77
1 009197-000 ROGER & DIANE NELSON 30-31-22-24-0030 127 EGRET LN 127 EGRET LN LINO LAKES, MN 55014-3337 164.17
1 011007-000 CHAD & LAURA KUSCHEL 29-31-22-33-0043 6425 HOKAH DR 6425 HOKAH DR LINO LAKES, MN 55014-1405 167.74
1 011308-000 MARY MANDERS 29-31-22-43-0029 635 PRAIRIE FLOWER RD 635 PRAIRIE FLOWER RD LINO LAKES, MN 55014-1958 177.05
1 009207-000 JOHN KIMBALL 30-31-22-24-0034 150 EGRET LN 150 EGRET LN LINO LAKES, MN 55014-3341 193.86
1 011701-000 RUDY & STEPHANIE JOHNSON 32-31-22-24-0025 6202 HOLLOW LN 6202 HOLLOW LN LINO LAKES, MN 55014-5496 223.09
1 018957-000 ROGER & ROLANDA SCHMIDT 31-31-22-24-0011 193 WHITE PINE RD 193 WHITE PINE RD LINO LAKES, MN 55014 294.95
1 009825-000 WILLIAM & ANGELA RICE 30-31-22-41-0031 350 SIOUX CT 350 SIOUX CT LINO LAKES, MN 55014-2429 343.88
1 017704-000 MARK & JOSIE GOULETTE 29-31-22-34-0035 597 CHIPPEWA TRL 597 CHIPPEWA TRL LINO LAKES, MN 55014-1492 355.62
1 011451-000 CHONGTOUA YANG & BAO 29-31-22-33-0057 6466 WARE RD 6466 WARE RD LINO LAKES, MN 55014-1443 355.62
1 010281-000 MICHAEL WELSH 29-31-22-34-0070 548 ARROWHEAD DR 548 ARROWHEAD DR LINO LAKES, MN 55014-1451 382.73
1 010216-000 NATHANIEL & WEISS TRUSTY 29-31-22-34-0058 570 ARROWHEAD CT 570 ARROWHEAD CT LINO LAKES, MN 55014-1487 386.84
1 011363-000 RICHARD & ROBERTA SINGERHOUSE 29-31-22-33-0028 6401 RICE CT 6401 RICE CT LINO LAKES, MN 55014-1408 386.84
1 011509-000 KATHERINE HAEGELE 32-31-22-22-0007 6352 WARE RD 6352 WARE RD LINO LAKES, MN 55014-1416 387.86
1 015424-000 RYAN SUESS & ASHLEY THELEN 29-31-22-44-0070 6490 BIRCH CT 6490 BIRCH CT LINO LAKES, MN 55014-5435 426.26
1 010994-000 LISA MAGILL 29-31-22-43-0016 660 HICKORY PL 660 HICKORY PL LINO LAKES, MN 55014-1955 468.06
1 016312-000 RICE CREEK PROPERTIES, LLC 30-31-22-41-0048 6505 WARE RD 6505 WARE RD LINO LAKES, MN 55014-2465 475.95
1 009394-000 GREGORY THOMPSON & LAURIE MEANS 30-31-22-44-0126 6478 LAKOTA TRL 6478 LAKOTA TRL LINO LAKES, MN 55014-7006 476.40
1 015603-000 MIKEL & JENNIFER ROE 29-31-22-41-0030 720 COUNTRY LAKES DR 720 COUNTRY LAKES DR LINO LAKES, MN 55014-5488 478.80
1 009429-000 DEREK & MICHELLE RILEY 30-31-22-44-0120 6472 LAKOTA TRL 6472 LAKOTA TRL LINO LAKES, MN 55014-7006 487.40
1 010683-000 JOSHUA & BARBARA BLISS 28-31-22-32-0038 6543 DEERWOOD LN 6543 DEERWOOD LN LINO LAKES, MN 55014-5486 514.07
1 017958-000 BRIAN & SHEREE DANIELSKI 30-31-22-24-0077 6636 PELICAN PL 6636 PELICAN PL LINO LAKES, MN 55014-3336 602.31
1 010001-000 ROBERT & CATHY ANDERSON 31-31-22-31-0053 182 WHITE PINE RD 182 WHITE PINE RD LINO LAKES, MN 55014-5449 639.80
1 011070-000 HEIDI & BRUCE MILLER 29-31-22-32-0029 6598 HOKAH DR 6598 HOKAH DR LINO LAKES, MN 55014-1343 649.37
1 010980-000 MICHAEL & JENNIFER RESCH 32-31-22-21-0014 585 HAWTHORN RD 585 HAWTHORN RD LINO LAKES, MN 55014-1972 665.77
1 011606-000 DAWN PAGEL 29-31-22-43-0021 6456 W SHADOW LAKE DR 6456 W SHADOW LAKE DR LINO LAKES, MN 55014-1984 752.38
1 009416-000 LARA VERRECCHIO 31-31-22-13-0037 250 LINDA AVE 250 LINDA AVE SIOUX FALLS, SD 57186-0001 890.19
1 010057-000 JAY & JANE BARNETT 31-31-22-31-0049 128 WOODRIDGE LN 128 WOODRIDGE LN LINO LAKES, MN 55014-5437 2,608.33
2 007046-000 CHAD & NICOLLETTE CLOUGH 07-31-22-24-0097 157 SHETLAND LN 157 SHETLAND LN LINO LAKES, MN 55014-5516 10.70
2 008646-000 JUNE HOLT 20-31-22-22-0049 459 AQUA CIR 459 AQUA CIR LINO LAKES, MN 55014-2714 36.29
2 019317-000 U.S. BANK NA 08-31-22-14-0038 706 79TH ST 205 W 4TH ST CINCINNATI, OH 45202 43.90
2 019315-000 AKEEM AKWAY 17-31-22-12-0139 676 TOWN CENTER PKWY 676 TOWN CENTER PKWY LINO LAKES, MN 55014 57.27
2 017996-000 HEATHER VARNADO 18-31-22-34-0028 7259 SAVANNA CT 7259 SAVANNA CT LINO LAKES, MN 55014-1198 84.31
2 006463-000 CHRIS GREULING 08-31-22-13-0148 7854 MARILYN DR 7854 MARILYN DR LINO LAKES, MN 55014-5507 86.36
2 015045-000 SARAH THIBAULT 08-31-22-13-0174 7803 OAK CT 7803 OAK CT LINO LAKES, MN 55014-5504 87.80
2 008897-000 LARRY BLOOM 20-31-22-22-0103 553 AQUA CIR 553 AQUA CIR LINO LAKES, MN 55014-2715 88.42
2 008954-000 ALEX HOFF 20-31-22-22-0106 556 AQUA CIR 556 AQUA CIR LINO LAKES, MN 55014-2715 90.48
2 007392-000 MICHAEL & MARTHA GAYDOS 19-31-22-31-0028 151 GLENVIEW AVE 151 GLENVIEW AVE LINO LAKES, MN 55014-1294 92.83
2 007185-000 GREGORY & TESS MLEJNEK 08-31-22-11-0032 726 MAIN ST 726 MAIN ST LINO LAKES, MN 55014-2150 93.13
2 015002-000 ELIDETH RUIZ MIJANDGOS 07-31-22-24-0116 185 MORGAN LN 185 MORGAN LN LINO LAKES, MN 55014-5513 94.59
2 005651-000 JAENA STREETS 07-31-22-43-0034 7625 BEHM LN 7625 BEHM LN LINO LAKES, MN 55014-2902 96.65
2 007446-000 LYNN LOVELAND 19-31-22-31-0023 6949 GLENVIEW LN 6949 GLENVIEW LN LINO LAKES, MN 55014-1296 97.83
2 019235-000 FALCON II, LLC 08-31-22-13-0130 7884 MARILYN DR 7884 MARILYN DR LINO LAKES, MN 55014-5507 99.68
2 016659-000 PRABIN JIREL 09-31-22-22-0048 826 KELLY ST 826 KELLY ST LINO LAKES, MN 55014-2478 101.94
2 008119-000 RYAN & LISSA ANDERSON 19-31-22-12-0066 7181 SNOW OWL LN 7181 SNOW OWL LN LINO LAKES, MN 55014-1989 101.94
Cycle Account Customer Name PIN Property Address Mailing Address Mailing City, State, Zip Total
2 017515-000 LYDIA BRASE & LORI FREDLUND 19-31-22-11-0080 7149 IVY RIDGE CT 7149 IVY RIDGE CT LINO LAKES, MN 55014-2701 102.68
2 017782-000 ERIC SORENSON 08-31-22-13-0160 684 OAK LN 684 OAK LN LINO LAKES, MN 55014-5503 102.82
2 005273-000 BOE INVESTMENTS, LLC 17-31-22-22-0003 454 LILAC ST 484 LILAC ST LINO LAKES, MN 55014-1054 103.36
2 005296-000 PAUL & KERRI LESCH 08-31-22-21-0044 7944 JOSEPH CT 7944 JOSEPH CT LINO LAKES, MN 55014-2457 105.17
2 007383-000 BENJAMIN & MARY LEMON 19-31-22-24-0117 185 GLADSTONE CIR 185 GLADSTONE CIR LINO LAKES, MN 55014-1287 106.35
2 006497-000 GREGORY & HEATHER COURTLAND 08-31-22-12-0013 7906 MARILYN DR 7906 MARILYN DR LINO LAKES, MN 55014-5505 107.82
2 015517-000 IAN & KIERSTEN SWARD 07-31-22-43-0020 7619 PALOMINO LN 7619 PALOMINO LN LINO LAKES, MN 55014-2905 108.71
2 008227-000 GEORGINA DUFFINA 19-31-22-24-0136 7018 SUNRISE DR 7018 SUNRISE DR LINO LAKES, MN 55014-1276 109.59
2 007421-000 KEVIN & DEBRA FUECHTMANN 19-31-22-31-0017 6911 GLENVIEW LN 6911 GLENVIEW LN LINO LAKES, MN 55014-1296 110.85
2 016560-000 TEDDY & LAUREN LUNDGREN 07-31-22-24-0031 151 STALLION LN 151 STALLION LN LINO LAKES, MN 55014-7004 111.17
2 005302-000 DANIEL DEYO 09-31-22-22-0047 820 KELLY ST 820 KELLY ST LINO LAKES, MN 55014-2478 111.94
2 007492-000 DANIEL & JULIE WAPPEL 19-31-22-11-0014 7152 GRAY HERON DR 7152 GRAY HERON DR LINO LAKES, MN 55014-1946 113.40
2 005921-000 RANDAL & KARI STREIT 07-31-22-43-0031 264 TECKLA CT 264 TECKLA CT LINO LAKES, MN 55014-2903 113.70
2 008401-000 CHARLOTTE CAMP 19-31-22-24-0062 175 ULMER DR 175 ULMER DR LINO LAKES, MN 55014-1207 114.88
2 006788-000 ROBERT RUEDY 07-31-22-34-0042 7612 MUSTANG LN 7612 MUSTANG LN LINO LAKES, MN 55014-9400 119.80
2 005943-000 MICHAEL ANDERSON 08-31-22-21-0036 553 WOODDUCK TRL 553 WOODDUCK TRL LINO LAKES, MN 55014-2459 120.92
2 006209-000 JAMES & JENNIFER MEYER 08-31-22-21-0071 563 ARLO LN 563 ARLO LN LINO LAKES, MN 55014-5509 126.17
2 006446-000 GABRIEL & KRYSTINA LECLAIR 08-31-22-13-0017 7838 MARILYN DR 7838 MARILYN DR LINO LAKES, MN 55014-5507 137.38
2 006708-000 DANIEL SALO 18-31-22-34-0041 7287 SAVANNA CT 4800 EXCELSIOR BLVD APT 500 ST LOUIS PARK, MN 55416-3064 138.19
2 015466-000 SHAWN & HANNAH CROSS 08-31-22-13-0068 630 LOIS LN 630 LOIS LN LINO LAKES, MN 55014-5498 138.60
2 005760-000 BRIAN BROWN & PATRICIA TOWLER 07-31-22-24-0068 204 STALLION LN 204 STALLION LN LINO LAKES, MN 55014-7014 144.05
2 005936-000 PATRICK & JAMIE CAREY 08-31-22-21-0034 541 WOODDUCK TRL 541 WOODDUCK TRL LINO LAKES, MN 55014-2459 151.96
2 005983-000 JACOB & KELLY DIXON 08-31-22-12-0062 7908 HIGHLAND DR 7908 HIGHLAND DR LINO LAKES, MN 55014-2456 154.06
2 007940-000 DAVID SCHIFSKY & CHRISTINE OLSON 17-31-22-33-0027 455 POST RD 455 POST RD LINO LAKES, MN 55014-1997 155.43
2 005951-000 MAI HOUA YANG LEE & TOU THAI LEE 08-31-22-21-0037 565 WOODDUCK TRL 565 WOODDUCK TRL LINO LAKES, MN 55014-2459 157.62
2 018294-000 RONALD & DEBORAH KLAUSING 08-31-22-21-0062 558 MYRTLE LN 558 MYRTLE LN LINO LAKES, MN 55014-2458 159.99
2 006868-000 SCOTT & KATHY SANDHOLM 07-31-22-32-0035 61 PALOMINO LN 61 PALOMINO LN LINO LAKES, MN 55014-2916 169.85
2 007633-000 RAYMOND SIMONDS 19-31-22-11-0082 7145 IVY RIDGE CT 7145 IVY RIDGE CT LINO LAKES, MN 55014-2701 174.99
2 008659-000 KAITLYN NIGBOR 20-31-22-22-0054 463 AQUA CIR 463 AQUA CIR LINO LAKES, MN 55014-2714 183.64
2 005283-000 HEATHER SWANSON 08-31-22-21-0038 7902 JOSEPH CT 7902 JOSEPH CT LINO LAKES, MN 55014-2457 187.84
2 007346-000 CLARK & MICHELLE GOODER 19-31-22-11-0093 7200 CINNAMON TEAL CT 7200 CINNAMON TEAL CT LINO LAKES, MN 55014-1943 189.17
2 007019-000 SCOTT & SUZANN MCKINNEY 07-31-22-32-0056 7786 PINTO LN 7786 PINTO LN LINO LAKES, MN 55014-7000 190.58
2 015938-000 GREGORY & AMANDA GAWTHROP 19-31-22-14-0025 7096 SNOW OWL CIR 7096 SNOW OWL CIR LINO LAKES, MN 55014-1900 190.95
2 018377-000 MENYI FORETIA 17-31-22-12-0095 7533 WOODS EDGE BLVD 7533 WOODS EDGE BLVD LINO LAKES, MN 55014-2214 192.47
2 006894-000 JAMES BOSIN 07-31-22-24-0167 146 MORGAN LN 146 MORGAN LN LINO LAKES, MN 55014-5512 196.58
2 006110-000 AMBER EIDEN & ANDREW WOREHRLE 07-31-22-34-0024 194 APPALOOSA CT 194 APPALOOSA CT LINO LAKES, MN 55014-2914 197.80
2 018253-000 ALICIA CARLSON 18-31-22-33-0020 7294 MEADOW CT 7294 MEADOW CT LINO LAKES, MN 55014-1166 212.04
2 005362-000 BRIAN & RENEE LUTHER 09-31-22-21-0046 969 KELLY ST 969 KELLY ST LINO LAKES, MN 55014-2479 216.33
2 006232-000 YANG CHA FONG & LOR 08-31-22-12-0087 665 ARLO LN 665 ARLO LN LINO LAKES, MN 55014-5506 221.18
2 005890-000 CHRISTOPHER & DEBORAH HAMANN 07-31-22-24-0059 223 STALLION LN 223 STALLION LN LINO LAKES, MN 55014-7014 222.93
2 016177-000 KEDIR KURFESSA & TIYA GELGELU 07-31-22-24-0066 178 STALLION LN 178 STALLION LN LINO LAKES, MN 55014-7016 235.07
2 007789-000 SCOTT LACLAIR 19-31-22-14-0006 7074 LAKE DR 7074 LAKE DR LINO LAKES, MN 55014-1924 239.22
2 006061-000 MIGUEL & DEJUAN MARTINEZ 08-31-22-12-0026 633 HIGHLAND LN 633 HIGHLAND LN LINO LAKES, MN 55014-2455 248.23
2 007040-000 SHARI LECLAIR & WILLIAM STEPHAN 07-31-22-24-0098 153 SHETLAND LN 153 SHETLAND LN LINO LAKES, MN 55014-5516 256.48
2 005656-000 DEBRA WENZEL 07-31-22-43-0024 7636 BEHM LN 7636 BEHM LN LINO LAKES, MN 55014-2902 257.52
2 017298-000 JENNIFER WHITEFORD 17-31-22-12-0069 669 VILLAGE DR 669 VILLAGE DR LINO LAKES, MN 55014-5000 267.93
2 005941-000 BRIAN KISCH 08-31-22-21-0054 550 WOODDUCK TRL 550 WOODDUCK TRL LINO LAKES, MN 55014-2459 274.36
2 006227-000 MARK & SHANNON SMITH 08-31-22-12-0083 633 ARLO LN 633 ARLO LN LINO LAKES, MN 55014-5506 281.61
2 018963-000 MARIO & JESSICA SCOTECE 17-31-22-12-0115 7542 WOODS EDGE BLVD 7542 WOODS EDGE BLVD LINO LAKES, MN 55014-2213 289.14
2 018982-000 SHANNON SHAUGHNESSY 19-31-22-12-0003 210 ELM ST 210 ELM ST LINO LAKES, MN 55014-1273 290.44
2 016126-000 NANCY COURT LLC 08-31-22-14-0055 7878 NANCY CT 13641 GEORGIA CIR ST PAUL, MN 55124 326.94
2 016592-000 R RODNEY PAKONEN TRUSTEE 08-31-22-13-0069 636 LOIS LN 636 LOIS LN LINO LAKES, MN 55014-5498 335.22
2 018807-000 MICHAEL FLOYD & BARBARA & ROBERT WICKLUND 07-31-22-31-0014 141 PALOMINO LN 141 PALOMINO LN LINO LAKES, MN 55014-2913 339.52
2 015881-000 THOMAS OLSON 08-31-22-11-0004 740 MAIN ST 740 MAIN ST LINO LAKES, MN 55014-5922 343.53
2 016612-000 JEFFREY MORELL 07-31-22-23-0030 7880 SUNSET AVE 7860 SUNSET AVE LINO LAKES, MN 55014-1035 364.20
2 007293-000 STEVEN & GLORIA ROED 19-31-22-24-0098 7014 ANTELOPE DR 7014 ANTELOPE DR LINO LAKES, MN 55014-1290 366.90
2 007496-000 GINA RADECK 19-31-22-11-0013 7158 GRAY HERON DR 7158 GRAY HERON DR LINO LAKES, MN 55014-1946 373.29
2 015533-000 HIDAT AMINE & MULUGETA TEMELSO 08-31-22-14-0054 7882 NANCY CT 7882 NANCY CT LINO LAKES, MN 55014-1187 386.61
2 005388-000 JAMES FRANDSEN 18-31-22-33-0014 7257 MEADOW CT 7257 MEADOW CT LINO LAKES, MN 55014-1168 387.20
2 008740-000 KARYN ELSE 20-31-22-22-0155 505 AQUA CIR 505 AQUA CIR LINO LAKES, MN 55014-2717 391.33
2 006523-000 NICHOLAS PERRY 08-31-22-13-0177 7805 OAK CT 7805 OAK CT LINO LAKES, MN 55014-5504 395.82
2 016232-000 THOMAS DEGLMANN 19-31-22-31-0026 6969 GLENVIEW LN 6969 GLENVIEW LN LINO LAKES, MN 55014-1296 398.54
2 008231-000 JOSEPH & SUSAN VANHESE 19-31-22-23-0035 7033 SUNRISE DR 7033 SUNRISE DR LINO LAKES, MN 55014-1218 401.14
2 007025-000 JACK KNIATE 07-31-22-24-0198 123 ROBINSON DR 3501 XENIUM LN N APT 376 MINNEAPOLIS, MN 55441 407.39
2 006961-001 RICHARD DEFOE 07-31-22-24-0122 190 MORGAN LN 7265 MAIN ST CENTERVILLE, MN 55038-9714 417.32
2 007849-000 JOSEPH & MARTHA SAKRY 19-31-22-21-0013 7117 MOURNING DOVE RD 7117 MOURNING DOVE RD LINO LAKES, MN 55014-3200 417.88
2 005918-000 LORI SCHILTZ 07-31-22-43-0032 263 TECKLA CT 263 TECKLA CT LINO LAKES, MN 55014-2904 433.67
2 006847-000 THOMAS & JENNIFER NIEMAN 07-31-22-32-0021 5 PALOMINO LN 5 PALOMINO LN LINO LAKES, MN 55014-2916 437.89
2 017726-000 KAO VANG & KOU MOUA 17-31-22-12-0089 693 VILLAGE DR 693 VILLAGE DR LINO LAKES, MN 55014-5000 442.32
Cycle Account Customer Name PIN Property Address Mailing Address Mailing City, State, Zip Total
2 016591-000 KRISTEN & DANIEL PRICE 19-31-22-11-0095 7192 CINNAMON TEAL CT 7192 CINNAMON TEAL CT LINO LAKES, MN 55014-1943 452.04
2 005129-001 ROBERT & CARRIE VAN REESE 08-31-22-14-0060 7858 NANCY CT 7858 NANCY CT LINO LAKES, MN 55014-1187 453.83
2 006199-000 ROGER & LEEA HARRIS 08-31-22-21-0076 533 ARLO LN 533 ARLO LN LINO LAKES, MN 55014-5509 458.33
2 007881-000 NATALIE PATRICK 19-31-22-21-0026 7180 MOURNING DOVE RD 7180 MOURNING DOVE RD LINO LAKES, MN 55014-3203 465.22
2 008697-000 MELISSA COSENTINO & MARY & KENNETH DUFRESNE 20-31-22-22-0083 474 AQUA CIR 474 AQUA CIR LINO LAKES, MN 55014-2714 469.83
2 007819-000 TONY BINDER 17-31-22-32-0015 505 MARSHAN CT 505 MARSHAN CT LINO LAKES, MN 55014-2088 473.42
2 007475-000 DAVID & KATRINA DICKSON 19-31-22-11-0034 7135 GRAY HERON DR 7135 GRAY HERON DR LINO LAKES, MN 55014-1949 475.71
2 007992-000 KRISTIN CAMPOS 19-31-22-21-0092 185 RED CLOVER LN 185 RED CLOVER LN LINO LAKES, MN 55014-2313 480.78
2 007200-000 JEREMY & JESTINA RAINER 08-31-22-11-0008 790 MAIN ST 790 MAIN ST LINO LAKES, MN 55014-2150 496.03
2 006371-000 PATRICK & KELLY CONLIN 08-31-22-13-0104 625 LOIS LN 625 LOIS LN LINO LAKES, MN 55014-5498 505.79
2 006238-000 THOMAS & LAURIE WASUT 07-31-22-32-0054 11 CENTURY TRL 11 CENTURY TRL LINO LAKES, MN 55014-7001 513.30
2 008488-000 KEVIN HERTZ 19-31-22-24-0084 163 WILD FLOWER DR 163 WILD FLOWER DR LINO LAKES, MN 55014-1285 515.54
2 015370-000 DAVID & MELISSA BORELL 18-31-22-33-0035 7299 TERRA CT 7299 TERRA CT LINO LAKES, MN 55014-1175 521.93
2 005522-000 AMANDA LARSON & JON GRIEFENHAGEN 08-31-22-14-0052 7890 NANCY CT 7890 NANCY CT LINO LAKES, MN 55014-1187 523.70
2 006012-000 LUCAS LORENZ 08-31-22-12-0055 7940 HIGHLAND DR 7940 HIGHLAND DR LINO LAKES, MN 55014-2453 524.02
2 006414-000 JEFFREY KUHN 08-31-22-13-0006 7797 MARILYN DR 7797 MARILYN DR LINO LAKES, MN 55014-5508 526.29
2 014546-000 RYAN TASCHUK 17-31-22-33-0025 467 POST RD 467 POST RD LINO LAKES, MN 55014-1997 553.33
2 008427-000 JASON & MELISSA PETERSON 19-31-22-13-0051 216 ULMER DR 216 ULMER DR LINO LAKES, MN 55014-1228 557.35
2 006636-000 ELIZABETH TAMFU 08-31-22-13-0128 695 OAK LN 695 OAK LN LINO LAKES, MN 55014-5503 582.64
2 007589-000 WILLIAM & SHANDA KANOWITZ 19-31-22-21-0097 7109 GREY SQUIRREL RD 7109 GREY SQUIRREL RD LINO LAKES, MN 55014-3207 584.59
2 008160-000 ANTONIO CORDOVA 17-31-22-34-0012 7262 STAGECOACH TRL 7262 STAGECOACH TRL LINO LAKES, MN 55014-1988 587.16
2 018664-000 KENNETH JOHNSON 19-31-22-12-0071 7135 SNOW OWL LN 7135 SNOW OWL LN LINO LAKES, MN 55014-1989 594.48
2 005595-000 JOHN & KELLI HOFMANN 07-31-22-43-0005 7612 PALOMINO LN 7612 PALOMINO LN LINO LAKES, MN 55014-2905 618.09
2 005637-000 GARY & ANNETTE KIRCHNER 07-31-22-42-0022 7698 PALOMINO LN 7698 PALOMINO LN LINO LAKES, MN 55014-2905 624.68
2 006858-000 ZEKE OAKS 07-31-22-32-0026 45 PALOMINO LN 45 PALOMINO LN LINO LAKES, MN 55014-2916 630.71
2 005793-000 SUMERA AHMED 07-31-22-24-0028 133 STALLION LN 133 STALLION LN LINO LAKES, MN 55014-7004 632.20
2 006212-000 HOLLY & ANDREA KOSEC 08-31-22-21-0070 569 ARLO LN 569 ARLO LN LINO LAKES, MN 55014-5509 644.30
2 014733-000 SEAN SCHILTZ 19-31-22-24-0033 7084 SUNRISE DR 7084 SUNRISE DR LINO LAKES, MN 55014-1291 665.05
2 007875-000 JAMES & WENDY SOLINGER 19-31-22-21-0007 7171 MOURNING DOVE RD 7171 MOURNING DOVE RD LINO LAKES, MN 55014-3201 688.60
2 005571-000 ERICH & NIKKI SCHNEIDER 07-31-22-31-0011 152 PALOMINO LN 152 PALOMINO LN LINO LAKES, MN 55014-2913 753.96
2 007591-000 RICHARD & CHAROLETTE LICATA 19-31-22-21-0096 7115 GREY SQUIRREL RD 7115 GREY SQUIRREL RD LINO LAKES, MN 55014-3207 768.23
2 007014-000 DORYNE UHDE & SIMON CLERGET 07-31-22-32-0060 7762 PINTO LN 7762 PINTO LN LINO LAKES, MN 55014-7000 768.31
2 005319-000 JOSEPH & MANDY DELMEDICO 09-31-22-22-0043 871 KELLY ST 871 KELLY ST LINO LAKES, MN 55014-2478 787.86
2 008164-000 JOEL & ANNE VOELKER 17-31-22-34-0007 7273 STAGECOACH TRL 7273 STAGECOACH TRL LINO LAKES, MN 55014-1993 792.20
2 005580-000 JENNIFER BRINKWORTH 07-31-22-42-0036 227 PALOMINO LN 227 PALOMINO LN LINO LAKES, MN 55014-2906 816.45
2 007934-000 TODD MEILE 17-31-22-33-0028 449 POST RD 449 POST RD LINO LAKES, MN 55014-1997 833.45
2 009017-000 FAIRVIEW HOSPITAL 17-31-22-24-0059 7455 VILLAGE DR 400 STINSON BLVD NE MINNEAPOLIS, MN 55413 1,211.75
2 007782-000 JG'S INVESTMENT LLC 19-31-22-34-0001 6810 LAKE DR 11051 NATIONAL ST NE BLAINE, MN 55449 3,278.49
3 015774-000 CARISSA LARSEN 25-31-22-12-0004 2219 CLEARWATER CRK CT 2219 CLEARWATER CRK CT LINO LAKES, MN 55038-7708 86.36
3 012304-000 CHRISTOPHER & STEPHANIE ODEGAARD 28-31-22-13-0028 6626 PHEASANT RUN 6626 PHEASANT RUN LINO LAKES, MN 55014-1331 95.96
3 013497-000 JEFFREY MOORE 27-31-22-31-0002 1300 BIRCH ST 1300 BIRCH ST LINO LAKES, MN 55038-9747 97.15
3 011756-000 DENISE HEATON 28-31-22-24-0112 985 BIRCH ST 985 BIRCH ST LINO LAKES, MN 55014-1362 169.44
3 013913-000 GARY & PAMELA SMITH 25-31-22-12-0032 6706 CLEARWATER CRK DR 6706 CLEARWATER CREEK DR LINO LAKES, MN 55038-7706 175.49
3 013771-000 BRUCE BETKER 25-31-22-44-0009 6432 CLEARWATER CRK DR 1154 LEXINGTON RIDGE CT EAGAN, MN 55123 187.01
3 012015-000 DENISE MILBRADT & DOUG PALMER 28-31-22-24-0086 6601 E SHADOW LAKE CT 6601 E SHADOW LAKE CT LINO LAKES, MN 55014-1372 194.64
3 012931-000 ROBERT & MARGARET RANALLO 28-31-22-14-0018 6643 RUFFED GROUSE RD 6643 RUFFED GROUSE RD LINO LAKES, MN 55014-5501 206.58
3 017249-000 CHRISTOPHER & STACY ORLETT 25-31-22-23-0054 1949 ROSEWOOD ST 1949 ROSEWOOD ST LINO LAKES, MN 55038-2100 210.49
3 013799-000 JACOB & KATHERINE SETLEY 25-31-22-44-0018 6417 CLEARWATER CRK DR 6417 CLEARWATER CREEK DR LINO LAKES, MN 55038-7773 212.24
3 019125-000 JEFFREY FRID 25-31-22-23-0045 2051 CYPRESS ST 2051 CYPRESS ST LINO LAKES, MN 55038-4101 215.30
3 018955-000 JOHN & MARY FLETCHER 25-31-22-13-0080 6616 CLEARWATER CRK DR 6616 CLEARWATER CRK DR LINO LAKES, MN 55038-7705 220.64
3 014095-000 MARK & ELISHA LITTLE 25-31-22-44-0023 6336 LANGER LN 6336 LANGER LN LINO LAKES, MN 55038-7770 222.52
3 012917-000 KYLE FRASE 28-31-22-14-0019 1168 RUFFED GROUSE CT 1168 RUFFED GROUSE CT LINO LAKES, MN 55014-5485 231.31
3 012888-000 ROBERT & KATHLEEN GOODSELL 27-31-22-11-0055 1488 OSPREY CT 1488 OSPREY CT LINO LAKES, MN 55038-4609 258.75
3 016036-000 SAMUEL TWAITES 28-31-22-13-0046 1027 LANTERN CIR 1027 LANTERN CIR LINO LAKES, MN 55014-1323 259.87
3 013290-000 MICHAEL & KATHERINE RICHIE 27-31-22-21-0055 1360 WOLF CIR 1360 WOLF CIR LINO LAKES, MN 55038-4615 282.76
3 013581-000 JOSEPH & EMILY GEORGE SEDROCK 25-31-22-22-0029 2039 RED OAK LN 2039 RED OAK LN LINO LAKES, MN 55038-4664 300.86
3 018725-000 JENNIFER & FREDERIC SILA 28-31-22-43-0029 1013 PHEASANT RUN S 1013 PHEASANT RUN S LINO LAKES, MN 55014-5523 306.89
3 018011-000 JEREMY & JASMIN DORZWEILER 25-31-22-21-0018 6750 21ST AVE S 6750 21ST AVE S LINO LAKES, MN 55038-6410 335.50
3 013683-000 MICHAEL & PATRICIA OCONNOR 25-31-22-12-0041 6713 CLEARWATER CRK DR 6713 CLEARWATER CREEK DR LINO LAKES, MN 55038-7706 371.77
3 012374-000 JOLYNN & SEAN MCINTYRE 28-31-22-42-0075 6582 PHEASANT RUN S 6582 PHEASANT RUN S LINO LAKES, MN 55014-5400 524.16
3 014335-000 JEFFREY & KIERAN SHEA 25-31-22-42-0008 6575 ALBERT CT 6575 ALBERT CT LINO LAKES, MN 55038-7738 538.09
3 012617-000 BRENT & MELISSA WILLENBRING 27-31-22-12-0046 6703 MEADOWLARK CT 6703 MEADOWLARK CT LINO LAKES, MN 55038-4618 556.50
3 014203-000 THOMAS & PAMELA RILEY 25-31-22-42-0077 6533 LANGER LN 6533 LANGER LN LINO LAKES, MN 55038-7737 612.04
3 014249-000 PATRICK & KELLY MITCHELL 25-31-22-42-0033 6593 LACASSE DR 6593 LACASSE DR LINO LAKES, MN 55038-7722 616.46
3 013902-000 SAMUEL & HEATHER JONES 25-31-22-13-0070 6676 CLEARWATER CRK DR 6676 CLEARWATER CREEK DR LINO LAKES, MN 55038-7705 690.42
3 011742-000 MARGARET HOFFER 28-31-22-42-0095 1055 ASPEN LN 1055 ASPEN LN LINO LAKES, MN 55014-5413 712.22
3 012033-000 AMBER & RONNIE EMLY 28-31-22-24-0020 6666 E SHADOW LAKE DR 6666 E SHADOW LAKE DR LINO LAKES, MN 55014-1351 753.06
3 013699-000 KURT & CARYN HENRIKSEN 25-31-22-13-0060 2245 TELE DR 2245 TELE DR LINO LAKES, MN 55038-7715 770.80
3 016895-000 DAWN DUPAUL & SANDRA CHRISTIANSON 25-31-22-21-0041 6733 21ST AVE S 6733 21ST AVE S LINO LAKES, MN 55038-6410 781.46
Cycle Account Customer Name PIN Property Address Mailing Address Mailing City, State, Zip Total
3 015509-000 JUSTON & BROOKE ANDERSON 25-31-22-42-0015 6567 CLEARWATER CRK DR 6567 CLEARWATER CRK DR LINO LAKES, MN 55014-7717 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;
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(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
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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
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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;
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(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
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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
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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.
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(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
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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.
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(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
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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
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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.
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(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
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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
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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
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• 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).
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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“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.
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“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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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.
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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
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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
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