HomeMy WebLinkAbout06-23-25 - City Council Agenda
CITY COUNCIL AGENDA
(UPDATED 06/23/25)
Monday, June 23, 2025
Broadcast on Cable TV Channel 16
and northmetrotv.com/lino-lakes-stream
Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz
City Administrator: Karen Anderson
CITY COUNCIL WORK SESSION, 5:30 P.M.
Community Room | Not Televised
A. Call to Order and Roll Call
B. Setting the Agenda: Addition or Deletion of Agenda Items
C. Review Municipal Cannabis Dispensary, Feasibility Study Proposal
D. Approval of Contract for Strategic Planning Sessions
E. Approve 2026 Budget Calendar
F. Review Regular Agenda
G. Adjourn
CITY COUNCIL MEETING, 6:30 PM
Council Chambers | Televised
➢ Call to Order and Roll Call
➢ Pledge of Allegiance
➢ Public Comment (sign-in prior to start of meeting per Rules of Decorum)
➢ Setting the Agenda: Addition or Deletion of Agenda Items
1. Consent Agenda
A. Approval of Expenditures for June 23, 2025 (Check No. 122972 through 123075) in
the Amount of $2,943,637.27
B. Approval of June 4, 2025, Council Closed Meeting Minutes
C. Approval of June 4, 2025, Council Special Work Session Minutes
Page 1 of 142
D. Approval of June 9, 2025, Council Work Session Minutes
E. Approval of June 9, 2025, Council Meeting Minutes
F. Approval of Contract for Strategic Planning Sessions
2. Finance Department Report
A. Approval of Resolution 2025-91 Providing for the Issuance and Sale of $8,090,000
General Obligation Bonds, Series 2025A and Levying a Tax for the Payment Thereof,
Kelly Horn
3. Administration Department Report
A. Consider Approval of Municipal Cannabis Dispensary Feasibility Study, Karen
Anderson
B. Consider First Reading of Ordinance 12-25 Regulating Pet Stores, Roberta Colotti
C. Consider Amendment to Rules of Decorum, Roberta Colotti
4. Police Department Report
A. Consider Appointment of Police Officer, Curt Boehme
5. Fire Department Report
A. Consider Appointment of Paid On-Call Firefighter, Dan L'Allier
B. Consider Appointment of Paid On-Call Firefighter, Dan L'Allier
C. Consider Appointment of Part-Time Firefighter, Dan L'Allier
D. Consider Approval to Offer Healthcare Benefits to Firefighters, Dan L'Allier
6. Public Services Department Report
7. Community Development Report
A. Phelps Road Stockpile, Diane Hankee
i. Consider Resolution No. 25-89 Approving Interim Use Permit
ii. Consider Resolution No. 25-90 Approving Site Improvement Performance
Agreement
B. Vacating Drainage and Utility Easement on Outlot A, Alino Addition, Diane Hankee
Page 2 of 142
i. Consider 2nd Reading of Ordinance No. 11-25
ii. Consider Resolution No. 25-88, Approving Summary Publication of Ordinance
No. 11-25
C. Consider Resolution No. 25-87, Authorize the Preparation of Plans and Specifications,
2026 Birch Street Sewer Crossing, Diane Hankee
D. Consider Resolution No. 25-86, Approving Payment No. 3 (Final), Red Hawk Storm
Sewer Improvement Project, Diane Hankee
8. Unfinished Business
9. New Business
10. Notices and Communications
A. Environmental Board Meeting, June 25th at 6:30 p.m., Council Chambers
ADJOURNMENT
Page 3 of 142
CITY COUNCIL
STAFF REPORT
AGENDA ITEM E.
STAFF ORIGINATOR: Kelly Horn, Finance Director
MEETING DATE June 23, 2025
AGENDA ITEM: Approve 2026 Budget Calendar
INTRODUCTION
Attached is the proposed calendar of workshops and internal meetings for the 2026 Budget
and 2026 - 2030 Financial Plan development and adoption. The dates in red indicate meetings
where it is ideal to have full Council attendance.
BACKGROUND
REQUESTED COUNCIL DIRECTION
Confirm that the proposed schedule is satisfactory, or if different meeting dates need to be
determined. Approve 2026 Budget Calendar.
ATTACHMENTS
1. 2026 Budget Calendar (002)
Page 4 of 142
2026 Budget Calendar - DRAFT
2025 Date 2026 Budget Item
By Jun 6th Budget worksheets distributed to Department Directors
Jun 27 Department Directors submit 2026-2030 CIP requests
Jun 27 Department Directors submit 2026 budget requests
Jul 11 City Administrator reviews CIP requests with Department Directors
Jul 15 City Administrator reviews budget requests with Department Directors
Aug 4 City Council receives 2026 Budget Book and 2026-2030 Financial Plan
Aug 11 City Council Work Session: Tax Levy, 2026 CIP, General Fund Budget
Aug 25 City Council Work Session: Rookery & Enterprise Fund Budgets
Sep 22 City Council adopts Proposed 2026 Budget and Tax Levy and sets Public Hearing date
Sep26 Preliminary Tax Levy and Public Hearing date are certified to Anoka County
Oct-Dec Follow-up City Council Work Sessions
Mid-Nov County mails Truth in Taxation notices to taxpayers
Dec 8 City Council holds Public Hearing and adopts Final 2026 Budget and Tax Levy
City Council accepts 2026-2030 Financial Plan
Dec 29 Final Tax Levy is certified to Anoka County
Page 5 of 142
+
Expenditures
June 23, 2025
Check #122972 to #123075
$2,943,637.27
Significant Disbursements this Period:
GMH Asphalt Corporation - $401,198.71 – 2025 Street Rehabilitation
Project
R.L. Larson Excavating Inc - $1,978,642.35 – 2025 Steet Reconstruction
Project
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Electronic Funds Transfer
MN Statute 471.38 Subd. 3
Council Meeting June 23, 2025 Transfer In/(Out)
5/19/2025 Sales & Use Tax (8,374.00)
6/6/2025 Council Payroll #06 (3,707.35)
6/6/2025 Council Payroll #06 Federal Deposit (209.06)
6/6/2025 Council Payroll #06 PERA (410.72)
6/6/2025 Council Payroll #06 State (44.94)
6/5/2025 Transfer from Money Market 3,500,000.00
6/6/2025 Payroll #12 (233,032.15)
6/6/2025 Payroll #12 Federal Deposit (66,812.88)
6/6/2025 Payroll #12 PERA (61,730.20)
6/6/2025 Payroll #12 State (15,546.67)
6/6/2025 Payroll #12 Child Support (335.13)
6/6/2025 Payroll #12 H.S.A. Bank Pretax (4,176.53)
6/6/2025 Payroll #12 TASC Pretax (1,031.06)
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Page 1 of 2
Lino Lakes City Council
Closed Meeting
Minutes
DATE: June 4, 2025
TIME STARTED: 6:00 P.M.
TIME ENDED: 7:21 P.M.
LOCATION: Community Room
MEMBERS PRESENT: Mayor Rafferty Councilmembers Cavegn, Ruhland, Lyden and Stoesz
MEMBERS ABSENT: None
Staff Members Present: Dave Pecchia, Karen Anderson, Roberta Colotti, Curt Boehme, Dan
L’Allier and Brian Finke.
1. Call to Order and Roll Call
Mayor Rafferty called the meeting to order at 6:00 p.m.
2. Setting the Agenda: Addition or Deletion of Agenda Items
The agenda was adopted as presented.
3. Announcement
Mayor Rafferty announced that Pursuant to Minnesota Statues, Section 13D.03 Closed
Meetings for Labor Negotiations Strategy, the Lino Lakes City Council meeting will be
closed this evening, June 4, 2025, at 6 p.m. to consider strategy for labor negotiations,
including negotiations strategies or developments or discussion and review of labor
negotiation proposals and the meeting shall be held in the Community Room at City
Hall.
4. Closed Session
Motion to go into Closed Session Pursuant to Minnesota Statues, Section 13D.03
Closed Meetings for Labor Negotiations Strategy, to discuss the LELS Local #260 and
Local #299, police union contracts.
Council discussion of labor negotiations strategy related to the LELS Local #260 and
Local #299, police union contracts.
RESULT: CARRIED [5-0]
MOVER: Ruhland
SECONDER: Cavegn
AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz
NAYS: None
Page 13 of 142
Page 2 of 2
Motion to return to Open Session.
5. Adjournment
Mayor Rafferty adjourned the meeting at 7:21 p.m.
These minutes were approved at the regular Council Meeting on June 23, 2025.
___________________________ ___________________________
Roberta Colotti, CMC Rob Rafferty,
City Clerk Mayor
RESULT: CARRIED [5-0]
MOVER: Stoesz
SECONDER: Lyden
AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz
NAYS: None
Page 14 of 142
Page 1 of 3
Lino Lakes City Council
Work Session
Minutes
DATE: June 4, 2025
TIME STARTED: 7:30 P.M.
TIME ENDED: 10:25 P.M.
LOCATION: Community Room
MEMBERS PRESENT: Mayor Rafferty Councilmembers Cavegn, Ruhland Lyden and Stoesz
MEMBERS ABSENT: None
Staff Members Present: Dave Pecchia, Karen Anderson, Roberta Colotti, Kelly Horn Tracy
Thoma, Curt Boehme, Dan L’Allier and Brian Finke
1. Call to Order and Roll Call
Mayor Rafferty called the meeting to order at 7:30 p.m.
2. Setting the Agenda: Addition or Deletion of Agenda Items
The agenda was adopted as presented.
3. Police Department Retention and Recruitment Plan
The City Council supported the Police Department Retention and Recruitment Plan as
presented with an amendment to the recruitment bonus amount.
4. Fire Department Strategic Implementation Plan
The Fire Chief presented a PowerPoint presentation outlining the Fire Department
immediate needs in preparation for staffing 24-hours a day, 7 days a week. Items to be
completed by the end of 2025 include applying for a Staffing For Adequate Fire and
Emergency Response (SAFER) grant for 15 full-time employees. Promote current Fire
Lieutenant/Fire Inspector to Deputy Fire Chief/Fire Marshal. Hire a full-time Firefighter
with administrative duties. Plan for accommodations (dorm) at both Fire Stations.
Apparatus, equipment and gear for staff. Four Duty Crew Firefighters on a shift, Monday
through Sunday 0600-1800. Begin the hiring process of the three Battalion Chiefs.
Mayor Rafferty said when talking about life and safety the city needs to have a plan,
however, the Citygate plan is jumping us from a paid on-call department to a full-time
department. It was reported by the Fire Chief that there were paid part time Duty Crew
firefighters signed up to work a weekly schedule but that was put on hold because of
the health insurance costs associated with the plan. Maybe the city should start with
that and pay the health insurance costs. The first question that needs to be answered
before implementing the Citygate plan is where the money is going to come from to
cover the new costs.
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Page 2 of 3
The Fire Chief clarified that the paid on-call schedule only covered Monday through
Friday during the day. They need coverage 24/7. He said the Citygate study pointed out
where the deficiencies were and propose a three-year plan to address the deficiencies.
It may be possible to spread the plan out, but the staffing levels identified in the study
are where the department needs to be. He stated that with a full-time department
there would be a need for less firefighters and therefore less turnout gear. If the
Department wants to contract out services to neighboring communities, they need to
be fully staffed. He stated that they could have 12 vs. 15 firefighters if they have the two
station dorms to accommodate 24-hour coverage.
The Interim City Administrator stated that to address the deficiency during the daytime
the part time Duty Crew firefighter’s schedule could be adopted and the insurance
benefits funded. With the promotion of the Deputy Chief and 1 Battalion Chief working
different hours could partially cover after hours. This would provide the city with time to
talk with neighboring cities. It doesn’t stop us from applying for a SAFER grant. It would
be a bridge between current and future plans.
Councilmember Cavegn stated that even if Lino Lakes sub-contracts services to
neighboring cities, that would only cover a fraction of the costs. The total 77% increase
resulting from the plan is too much. He recognized that we may need the staffing levels
identified, but the costs are too much.
Councilmember Ruhland stated that the City just completed the fire department study,
one option would be to apply for a fraction of the planned staff funding through the
SAFER grant for 2026 and then apply again for additional staffing in future years.
Councilmember Lyden concurred that the budget numbers to move to a full-time
department were almost impossible.
The Interim Finance Director reviewed the budget projections. She identified which
costs in the plan for personnel, facilities and equipment were one-time and/or
transitional costs that could be supported by a one-time transfer from the contingency
fund and which items would become part of the annual budget expenses.
Councilmember Ruhland asked if there was a way to calculate the tax capacity ahead of
the numbers provided by Anoka County for budgeting purposes, using the building
permit data.
The Interim Finance Director provided the current numbers available and stated that it
would be a special project to prepare a tax capacity estimate separate from the County
numbers.
The Interim City Administrator stated that he would ask the Community Development
Director to follow up with Councilmember Ruhland on building permit data.
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Page 3 of 3
Councilmember Stoesz asked if a two-year budget would be advisable to assist in
budgeting for the fire service.
The Interim Finance Director stated that currently the city uses an annual budget, so it
would take some time to develop a two-year budget, however, once established it
would be the same process as an annual budget to update. She noted that an annual
budget provides greater flexibility than a two-year budget.
The Fire Department SAFER grant, Station 1 & 2 facility improvements/dorms, and
equipment needs are all topics to be forwarded to a future regular meeting for formal
action.
Council Consensus
It was the consensus of the City Council to support the part time Duty Crew firefighter’s
daytime schedule to provide coverage as secured by the Fire Chief and to provide
insurance benefits as required.
5. Notices and Communications
None
6. Adjournment
Mayor Rafferty adjourned the meeting at 10:25 p.m.
These minutes were approved at the regular Council Meeting on June 23, 2025.
___________________________ ___________________________
Roberta Colotti, CMC Rob Rafferty,
City Clerk Mayor
Page 17 of 142
Page 1 of 4
Lino Lakes City Council
Work Session
Minutes
DATE: June 9, 2025
TIME STARTED: 6:00 P.M.
TIME ENDED: 6:27 P.M.
LOCATION: Community Room
MEMBERS PRESENT: Mayor Rafferty Councilmembers Cavegn, Ruhland, Lyden and Stoesz
MEMBERS ABSENT: None
Staff Members Present: Interim City Administrator Dave Pecchia, City Clerk Roberta Colotti,
Human Resources and Communications Manager Meg Sawyer, Community Development
Director Michael Grochala, City Planner Katie Larsen, City Engineer Diane Hankee, Assistant City
Engineer Kate Achenbach, Chief of Police Curt Boehme, and Fire Chief Dan L’Allier.
1. Call to Order and Roll Call
Mayor Rafferty called the meeting to order at 6:00 p.m.
2. Setting the Agenda: Addition or Deletion of Agenda Items
The agenda was adopted as presented.
3. Administration Update
No report.
4. Review Regular Agenda
The Community Development Director reviewed the Public Works Building
Improvement project and associated professional services contracts with RJM
Construction and Oertel Architects.
The Human Resources and Communications Manager reported that the hiring of the
Public Works Maintenance position is to backfill a vacancy due to retirement.
The Chief of Police reviewed the police union contracts and Retention and Recruitment
Plan proposed for formal action this evening.
Councilmember Stoesz questioned the dates being used for the two-year authorization
to hire above the number of approved police officers.
The Chief of Police said that he was open to setting a date the Council preferred.
Councilmember Stoesz stated that he preferred a budget year to be used for the
authorization.
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Page 2 of 4
Mayor Rafferty questioned the budgeting practice for the extra officers.
The Interim City Administrator stated that when the Council sets the 2026 and future
budgets, the additional officers’ salary can be budgeted as part of the Contingency Fund
line item.
The Chief of Police reviewed the officer hiring bonus and noted that other cities have a
minimum number of years of service. He recommended that the hiring bonus be
available for those with one or more years of service.
Councilmember Stoesz recommended that 2080 hours be used vs. 12-months when
calculating one year of service.
The Interim City Administrator reviewed the proposal to have another step, at three
years of service. With $2,500 for less than three years and $5,000 for more than three
years’ experience. With payment in two installments, one at the time of hire and one at
the completion of the training period.
The Fire Chief reviewed Item 5A Application for a SAFER Grant for 15 Full-Time
Firefighters with three of these positions being Battalion Chiefs. With direction to bring
the final application back for Council approval, prior to the submittal date.
Mayor Rafferty stated that it is extremely important that we look at ways to move
forward. To take the analysis from the Citygate report. He stated that he would favor
the SAFER grant but not as currently presented. He questioned how the city would fund
the full-time positions after the grant period.
Councilmember Lyden stated there is the fire department we deserve and the fire
department we can afford. When looking at the SAFER grant. Suggest paring it down as
we cannot afford a full-time Duty Crew. He presented a possible schedule and
recommended moving forward slowly to provide a chance to work with neighboring
communities.
Mayor Rafferty said that he supports a positive effort to move forward in that direction.
Councilmember Ruhland stated that he agrees that the City cannot just do everything
outlined in the Citygate report at once. He questioned if our grant would be competitive
if the City only applies for one or two fire department positions through the SAFER
grant.
Councilmember Ruhland outlined a plan for 12 firefighters including three Battalion
Chiefs, one Administrative Position, and a Deputy Chief. With positions to be included in
the SAFER grant as eligible.
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Page 3 of 4
Councilmember Ruhland stated that with these staffing changes we can demonstrate to
neighboring communities what the Lino Lakes Fire Department can provide for services
and possible contracts.
Mayor Rafferty stated that the SAFER grant is a three-year grant. He also noted that one
neighboring community is in contract discussions with another department for a three-
year contract.
Councilmember Cavegn asked what happens with the grant if we do not fill the
positions.
The Fire Chief stated that the city will have 180 days to fill the positions once the grant is
awarded, however, they will work with the city if additional time is needed.
Mayor Rafferty asked what if the city turned down the grant following an award.
The Fire Chief stated that turning down a grant award would count against the city for
any future grant applications.
Councilmember Stoesz stated that he would like to see budget numbers for six years,
with and without the SAFER grant.
Councilmember Ruhland agreed he would like to review the budget with and without
the SAFER grant.
Mayor Rafferty re-stated that he is not comfortable with the SAFER grant as written. He
stated that he cannot see how the city can afford the personnel costs following the
expiration of the grant. He reviewed the options for supporting the current Duty Crew
and the staffing options.
Mayor Rafferty stated that regarding agenda Item 5B Approving Renovations at Fire
Station 1 & 2; to provide for overnight accommodations for the staff hired under the
SAFER grant, he does not support the renovations.
Mayor Rafferty stated that regarding agenda Item 5C directing staff to research
alternative apparatus and evaluate additional equipment and gear needed, he believes
the apparatus discussion can be handled with the Capital Improvement Plan (CIP), 2026
budget discussions.
Councilmember Ruhland asked if we would qualify for a SAFER grant if we applied for
just one or two positions.
Mayor Rafferty stated that applying for one or two positions now could buy the city
some time.
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Page 4 of 4
Councilmember Stoesz stated that he would make a motion to remove Items 5 (A-C)
from the regular meeting agenda tonight.
5. Adjournment
Mayor Rafferty adjourned the meeting at 6:27 p.m.
These minutes were approved at the regular Council Meeting on June 23, 2025.
___________________________ ___________________________
Roberta Colotti, CMC Rob Rafferty,
City Clerk Mayor
Page 21 of 142
Page 1 of 7
LINO LAKES CITY COUNCIL
REGULAR MEETING
MINUTES
DATE: June 9, 2025
TIME STARTED: 6:30 PM
TIME ENDED: 7:22 PM
LOCATION: City Council Chambers
MEMBERS PRESENT: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland
and Stoesz
MEMBERS ABSENT: None
Staff Members Present: Interim City Administrator Dave Pecchia, City Clerk Roberta Colotti,
Human Resources and Communications Manager Meg Sawyer, Community Development
Director Michael Grochala, City Planner Katie Larsen, City Engineer Diane Hankee, Assistant City
Engineer Kate Achenbach, Chief of Police Curt Boehme, and Fire Chief Dan L’Allier.
The meeting was called to order by Mayor Rafferty at 6:30 PM.
Mayor Rafferty provided an overview of the Rules of Decorum.
PUBLIC COMMENT
Mayor Rafferty opened the public comment period.
Megan Helling, 7932 Joseph Court, Lino Lakes, told the story of how she had purchased a puppy
and within six months it became ill and the subsequent lifetime of treatments. She said his pain
could have been prevented as he was part of a system that prioritizes profits. She stated that
Lino Lakes currently does not have any pet stores that sell puppies and kitten, instead they
coordinate with local rescue organizations to support the adoption of animals being placed by
the rescue organization. Since there are no current pet stores commercially selling puppies and
kittens it is an ideal time to enact an ordinance regulating pet store sales of puppies and kittens.
Cindy Ojczyk, 2220 Deer Pass Trail, Lino Lakes, requested that the City Council pass the Humane
Pet Store Ordinance and provided a sample copy. She stated that she has a rescue dog that was
rescued from a puppy mill. She stated that 130 pet stores in Minnesota do not sell puppies or
kittens and instead partner with rescue organizations. She stated that 490 communities have
passed the Humane Pet Store ordinance.
Julia Nelson, 689 Oak Lane, Lino Lakes, stated that she is in support of the Humane Pet Store
Ordinance as well.
Ms. Nelson stated that her second topic of discussion is the Java 2.0 Project. She stated that the
property owners living behind the project area are worried about the increase in traffic in their
neighborhoods. She asked if the Council would consider forbidding a right hand turn onto
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Lino Lakes City Council Minutes
Page 2 of 7
Maryland Drive that would be taking Maryland Drive North. She said that would discourage some
extraneous traffic. She also asked that the Council consider requiring developers that are
developing close to existing neighborhoods, to cover the cost of installing trails or sidewalks, due
to the increase in traffic, to improve pedestrian safety.
Motion to close the public comment period at 6:49 p.m.
SETTING THE AGENDA
Motion to remove Items 5 (A-C) and 7C from the agenda.
1. CONSENT AGENDA
Motion to Approve Consent Agenda Items 1A through 1G as presented.
2. FINANCE DEPARTMENT REPORT
None
3. ADMINISTRATION DEPARTMENT REPORT
A. Appointment: Public Works Maintenance Worker
RESULT: CARRIED [5-0]
MOVER: Ruhland
SECONDER: Cavegn
AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz
NAYS: None
RESULT: CARRIED [5-0]
MOVER: Lyden
SECONDER: Stoesz
AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz
NAYS: None
RESULT: CARRIED [5-0]
MOVER: Stoesz
SECONDER: Lyden
AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz
NAYS: None
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Lino Lakes City Council Minutes
Page 3 of 7
Motion to appoint Ryan Brown to the Public Works Maintenance Worker position as
presented.
4. POLICE DEPARTMENT REPORT
The Chief of Police presented the Police Department retention and recruitment plan
providing an update to the written report.
Motion to approve the Police Department retention and recruitment plan as
presented.
5. FIRE DEPARTMENT REPORT
Item Removed from Agenda.
6. PUBLIC SERVICES DEPARTMENT REPORT
None
7. COMMUNITY DEVELOPMENT REPORT
A. Wilkinson Waters Addition
i. Ordinance No. 10-25
Motion to waive full reading of Ordinance No. 10-25, Approving Zoning Ordinance
Map Amendment (Rezoning) from R, Rural to PUD, Planned Unit Development.
RESULT: CARRIED [5-0]
MOVER: Stoesz
SECONDER: Lyden
AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz
NAYS: None
RESULT: CARRIED [5-0]
MOVER: Stoesz
SECONDER: Cavegn
AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz
NAYS: None
RESULT: CARRIED [5-0]
MOVER: Stoesz
SECONDER: Lyden
AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz
NAYS: None
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Lino Lakes City Council Minutes
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Motion to provide second reading and adopt Ordinance No. 10-25, Approving Zoning
Ordinance Map Amendment (Rezoning) from R, Rural to PUD, Planned Unit
Development.
ii. Resolution No. 25-79
Motion to adopt Resolution No. 25-79, Approving Summary Publication of Ordinance
No. 10-25.
iii. Resolution No. 25-80
Motion to adopt Resolution No. 25-80, Approving Grading Agreement.
B. Resolution No. 25-77, Java Lino Lakes 2nd Addition, Preliminary Plat
Motion to adopt Resolution No. 25-77, Approving Java Lino Lakes 2nd Addition
Preliminary Plat.
RESULT: CARRIED [5-0]
MOVER: Cavegn
SECONDER: Lyden
AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz
NAYS: None
RESULT: CARRIED [5-0]
MOVER: Cavegn
SECONDER: Stoesz
AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz
NAYS: None
RESULT: CARRIED [5-0]
MOVER: Stoesz
SECONDER: Lyden
AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz
NAYS: None
RESULT: CARRIED [5-0]
MOVER: Cavegn
SECONDER: Stoesz
AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz
NAYS: None
Roll Call Vote
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Lino Lakes City Council Minutes
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C. Item Removed from Agenda
D. Resolution 25-78, Clearwater Commons Preliminary Plat
Motion to adopt Resolution No. 25-78, Approving Clearwater Commons Preliminary
Plat.
E. Ordinance No. 11-25 , Alino Addition, Vacating Drainage & Utility Easement
Public Hearing
Mayor Rafferty opened the Public Hearing at 7:09 p.m.
No one was present to speak at the public hearing.
Mayor Rafferty closed the Public Hearing at 7:09 p.m.
Motion to waive full reading of Ordinance No. 11-25, Vacating drainage and utility
easement on Outlot A, Alino Addition.
Motion to provide first reading of Ordinance No. 11-25, Vacating drainage and utility
easement on Outlot A, Alino Addition.
F. Resolution No. 25-85, Test Well No. 7B Grading
RESULT: CARRIED [5-0]
MOVER: Lyden Cavegn
SECONDER: Ruhland
AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz
NAYS: None
RESULT: CARRIED [5-0]
MOVER: Cavegn
SECONDER: Ruhland
AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz
NAYS: None
RESULT: CARRIED [5-0]
MOVER: Cavegn
SECONDER: Ruhland
AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz
NAYS: None
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Lino Lakes City Council Minutes
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Motion to adopt Resolution No. 25-85, Accepting Quote for Test Well No. 7B
Grading.
G. Public Works Building Improvements
i. Resolution No. 25-67, RJM Construction
Motion to adopt Resolution No. 25-67, Approving Professional Services Contract
with RJM Construction, Construction Manager as Agent.
ii. Resolution No. 25-73, Professional Services Contract Oertel Architects
The Community Development Director presented an updated contract cost for the
consideration of the Council.
Resolution No. 25-73, Approving Amendment to Professional Services Contract
with Oertel Architects, Civil Engineering and Survey Services as presented.
H. Resolution No. 25-83, Professional Services Agreement, Shenandoah Park Water
Quality Project
Motion to adopt Resolution No. 25-83, Authorize Professional Services Agreement of
Plans and Specs, Shenandoah Park Water Quality Project
RESULT: CARRIED [5-0]
MOVER: Cavegn
SECONDER: Ruhland
AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz
NAYS: None
RESULT: CARRIED [5-0]
MOVER: Lyden
SECONDER: Ruhland
AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz
NAYS: None
RESULT: CARRIED [5-0]
MOVER: Cavegn
SECONDER: Stoesz
AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz
NAYS: None
RESULT: CARRIED [5-0]
MOVER: Cavegn
SECONDER: Ruhland
AYES: Rafferty, Cavegn, Lyden, Ruhland and Stoesz
NAYS: None
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Lino Lakes City Council Minutes
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8. UNFINISHED BUSINESS
None
9. NEW BUSINESS
None
10. NOTICES AND COMMUNICATIONS
• Planning & Zoning Board Meeting, June 11th at 6:30 p.m., in the Council
Chambers.
• The City Council reviewed possible dates for a Special Work Session.
ADJOURNMENT
Mayor Rafferty adjourned the meeting at 7:22 p.m.
These minutes were approved at the City Council Meeting on June 23, 2025.
_________________________ _________________________
Roberta Colotti, CMC Rob Rafferty,
City Clerk Mayor
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CITY COUNCIL
STAFF REPORT
AGENDA ITEM 1.F.
STAFF ORIGINATOR: Karen Anderson, City Administrator
MEETING DATE June 23, 2025
AGENDA ITEM: Approval of Contract for Strategic Planning Sessions
VOTE REQUIRED: Simple Majority
INTRODUCTION
Consideration for the approval of entering into a contract with Phil Kern to facilitate strategic
leadership planning sessions.
BACKGROUND
Per Council's request, research was done to identify a consultant to provide strategic
leadership planning sessions. Phil Kern was recommended by staff and the contract is pending
Council's approval.
The contract has been finalized for the City Administrator's signature.
RECOMMENDATION
Staff seeks Council approval for the City Administrator to sign a contract with Phil Kern to
facilitate strategic leadership planning sessions and approval of proposed dates for the
sessions.
ATTACHMENTS
1. 06-23-25 - Strategic Planning - Proposal
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City of Lino Lakes
2025 Strategic Planning and Goal Setting Session Proposal June 19, 2025 Ms. Karen Anderson, City Administrator- It is my pleasure to submit to you this proposal for facilitating a Strategic Planning and Goal Setting session in 2025. The challenge of leadership in local government is significant and spending time as a leadership group is an important first step in any effective organization. Establishing a shared vision and strategies to guide the organization and City toward that vision is important. An established vision and long-term organizational strategies allows decision-makers and staff to perform short-term goals and day-to-day tasks with an understanding of the destination and purpose and organizational clarity throughout the levels of leadership. The process and organizational time commitment to complete a strategic planning process is significant. It is also time and resources very well spent. In this proposal I will outline the parts of the process and outcomes, but it’s also important to understand the value of spending time together as a leadership team talking about your City and organization. As governing bodies and staff leadership teams, so much time is spent on the urgent matters that come before the City and organization. Periodically taking time to step back and focus on all the matters - urgent and not urgent - that impact the future of the City and organization is very important. Being in a City leadership role myself, I have found it to be a very healthy practice for my City’s leadership team to conduct a strategic planning and goal setting process every two years, with periodic check-ins a few times in between. My recommendation for this process would involve two workshops focused on three elements of strategic planning and organizational leadership. Typically, this process will take around three hours per session of time through group work, discussion, staff presentation and prioritization. The outline would be as follows: 1. Long-Term Direction - conducting a series of discussions and activities to develop agreement around general principles of the City’s vision and long-term strategies. This will include as outcomes the principles of a vision statement and core strategies. Each of the core strategy statements will be defined and outlined to provide transparency and clarity regarding each item’s organizational importance. 2. Organizational Performance - most planning sessions focus on “what” should be accomplished, but taking time to discuss “how” the organization should perform is equally important. Outcomes will include the development of a mission statement and/or organizational values that serve as guiding principles of the City’s overall value proposition.
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3. Development of a Short-Term Goals program to support immediate needs and the vision/strategic plan of the City. The short-term goals program provides an opportunity for immediate action and specificity in terms of staff direction. It also helps provide assistance for budgeting and resource allocation. The session would be focused on facilitating a small group consisting of the Mayor and City Council, City Administrator, and staff members as determined by the City Administrator. It is highly encouraged and recommended to include Department Heads and service area leads. The fee for facilitation services included in this proposal is $3,700. Facilitation services will include preparation of the agenda and materials for the session. All materials will be provided to the City Administrator electronically at least three working days prior to the session. Additionally, a final report containing outcomes of the session will be provided electronically no later than ten days after the completion of the session. The City shall be responsible for providing the necessary copies of materials for participants and any requested by members of the public. Payment shall be remitted within 30 days of submission of the final report. Thank you for the opportunity to submit this proposal and for your consideration. Respectfully submitted, Phil Kern
- - - - - - - - - - - - By signing below, the City of Lino Lakes acknowledges receipt of this proposal and agrees to the terms and conditions as outlined herein.
_________________________________ _________________ Karen Anderson, City Adminstrator Date
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CITY COUNCIL
STAFF REPORT
AGENDA ITEM 2.A.
STAFF ORIGINATOR: Kelly Horn, Finance Director
MEETING DATE June 23, 2025
AGENDA ITEM: Approval of Resolution 2025-91 Providing for the Issuance and Sale of
$8,090,000 General Obligation Bonds, Series 2025A and Levying a Tax
for the Payment Thereof
VOTE REQUIRED: Simple Majority
INTRODUCTION
Staff is requesting Council approval to Award the Sale of the General Obligation Street
Reconstruction and Utility Revenue Bonds to finance certain public improvement projects
occurring in 2025, including the 2025 Street Reconstruction & Utility Extension Project, as well
as Utility Improvements related to Marketplace Drive realignment and the Birch Street Sanitary
Sewer Crossing projects.
BACKGROUND
At the May 27th, 2025 meeting, Council authorized the sale of $8,665,000 General Obligation
Bonds, 2025A. The proceeds of this bond will be used to finance the 2025 Street
Reconstruction Project and Utility Extensions and Improvements that were included in the
2025 - 2029 Capital Improvement Plan (CIP).
The results of the bond sale, an approval resolution for Council, and the complete copy of the
issuance documents are attached. We were able to reduce the total amount of the bonds due
to the number of offers and the favorable interest rate.
The City’s Municipal Advisor, Keith Dahl, will be at the meeting to discuss the bidding results
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that were received and the award of the sale.
RECOMMENDATION
Adopt Resolution 2025-91, Awarding the Sale of General Obligation Bonds, Series 2025A, in the
Original Aggregate Principal Amount of $8,090,000; Fixing their Form and Specifications;
Directing their Execution and Delivery; and Providing for their Payment.
ATTACHMENTS
1. A - Resolution No. 25-91 - Awarding the Sale of GO Bonds Series 2025A
2. B - Sale Day Report
3. C - Lino Lakes Bond Sale Results
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EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE
CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Lino
Lakes, Minnesota, was duly held in the City Hall in said City on June 23, 2025, commencing at
______ o’clock p.m.
The following members were present:
and the following were absent:
Member _____________________ introduced the following resolution and moved its adoption:
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RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION BONDS, SERIES 2025A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $8,090,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED by the City Council (the “City Council”) of the City of Lino Lakes, Anoka County, Minnesota (the “City”) as follows: Section 1. Findings, Determinations; Sale of Bonds. 1.01. Background. It is hereby determined that:
(a) Street Reconstruction Bonds.
(i) The City is authorized by Minnesota Statutes, Chapter 475, as amended (the “Act”), including Minnesota Statutes, Section 475.58, subd. 3b, as amended (“Section 475.58, subd. 3b”), to issue general obligation street reconstruction bonds to finance the
cost of street reconstruction and bituminous overlay projects. (ii) Pursuant to a resolution adopted by the Council on June 26, 2023,
following a duly noticed public hearing, the Council approved by a vote of two-thirds majority of its members present: (i) a Street Reconstruction Plan for the years 2024 – 2028 (the “Plan”) that described the streets to be reconstructed and estimated costs over a period
of five (5) years; and (ii) the issuance of general obligation bonds, all pursuant to the Act, including Section 475.58, subd. 3b.
(iii) The Council hereby finds that no petition for a referendum on the issuance of the bonds to pay the costs of the proposed street reconstruction projects was received by the City within thirty (30) days of the hearing, in accordance with Section 475.58, subd. 3b. (iv) On May 27, 2025, the Council adopted a resolution (the “Intent Resolution”), authorizing the issuance of general obligation bonds in the aggregate principal amount not to exceed $4,495,000 (the “Street Portion”), pursuant to the Act, including Section 475.58, subd. 3b, to finance the street reconstruction projects described in the Plan (the “Street Project”), and related financing costs. (b) Utility Revenue Bonds.
(i) The City is authorized by the Act and Minnesota Statutes, Chapter 444, as amended (“Chapter 444”), to issue general obligation utility revenue bonds to finance the
costs of improvements to the City’s water utility systems. (ii) Within the Intent Resolution, the Council also stated the intention of the
City to issue and sell general obligation bonds in the proposed principal amount of $4,170,000 (the “Utility Portion”), pursuant to the Act and Chapter 444, to provide financing for the construction of various improvements to the City’s utility systems (the “Utility Project”), and related financing costs. The Street Project and the Utility Project are sometimes hereinafter collectively referred to as the “Project.”
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(c) Pursuant to the Intent Resolution, the Council determined that the Street Portion and the Utility Portion shall be issued together in a single series in the maximum aggregate principal
amount of $8,665,000 (the “Bonds”). The Council designated the Bonds as the “General Obligation Bonds, Series 2025A.” (d) The City is authorized by Section 475.60, subdivision 2(9), of the Act to sell the Bonds other than pursuant to a competitive sale because the City has retained Ehlers and Associates, Inc, (the “Municipal Advisor”) to serve as the City’s independent municipal advisor in connection with the sale of the Bonds. The actions of the City staff and the Municipal Advisor in negotiating the sale of the Bonds are ratified and confirmed in all aspects. 1.02. Award to the Purchaser and Interest Rates. The proposal of Piper Sandler & Co. (the “Purchaser”), to purchase the Bonds is hereby found and determined to be a reasonable offer and is hereby
accepted, the proposal being to purchase the Bonds at a price of $8,548,270.98 (par amount of $8,090,000, plus original issue premium of $520,459.65, less an underwriter’s discount of $62,188.67), plus accrued interest, if any, to the date of delivery for Bonds bearing interest as follows:
Year Interest Rate Year Interest Rate
2027 5.000% 2035 5.000% 2028 5.000% 2036 5.000% 2029 5.000% 2037 4.000%
2030 5.000% 2038 4.000% 2031 5.000% 2039 4.000% 2032 5.000% 2040 4.000%
2033 5.000% 2041 4.000% 2034 5.000%
True interest cost: 3.6885085% 1.03. Purchase Agreement. The execution and delivery of a proposal form, dated as of June 23, 2025 (the “Purchase Agreement”), between the City and the Purchaser, is hereby ratified and confirmed in the form set forth in EXHIBIT A to this resolution (the “Resolution”). The Bonds shall be issued and delivered in accordance with the terms and conditions of the Purchase Agreement and this Resolution. The amount proposed by the Purchaser in excess of the minimum bid, if any, shall be credited to the Debt Service Fund hereinafter created or deposited in the Construction Fund hereinafter created, as determined by the Interim Finance Director in consultation with the Municipal Advisor. The Municipal Advisor is directed to receive and retain the good faith payment of the Purchaser in accordance with the terms of the Purchase Agreement, pending completion of the sale of the Bonds. The Mayor and City Administrator are authorized and directed
to execute a contract with the Purchaser on behalf of the City. 1.04. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds
pursuant to the Act, including Section 475.58, subd. 3b, and Chapter 444, in the original aggregate principal amount of $8,090,000, originally dated July 14, 2025, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on
February 1 in the years and amounts as follows:
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Year Amount Year Amount
2027 $375,000 2035 $560,000
2028 $395,000 2036 $590,000
2029 $415,000 2037 $615,000
2030 $435,000 2038 $640,000
2031 $460,000 2039 $665,000
2032 $485,000 2040 $695,000
2033 $510,000 2041 $720,000
2034 $530,000
(a) $4,195,000 of the Bonds, constituting the Street Portion, maturing on February 1 of the years and in the amounts set forth below, will be used to finance the Street Project: Year Amount Year Amount
2027 $195,000 2035 $290,000
2028 $205,000 2036 $305,000
2029 $215,000 2037 $320,000
2030 $225,000 2038 $330,000
2031 $240,000 2039 $345,000
2032 $250,000 2040 $360,000
2033 $265,000 2041 $375,000
2034 $275,000
(b) $3,895,000 of the Bonds, constituting the Utility Portion, maturing on February 1 of the years and in the amounts set forth below, will be used to finance the Utility Project:
Year Amount Year Amount 2027 $180,000 2035 $270,000
2028 $190,000 2036 $285,000 2029 $200,000 2037 $295,000 2030 $210,000 2038 $310,000
2031 $220,000 2039 $320,000 2032 $235,000 2040 $335,000 2033 $245,000 2041 $345,000
2034 $255,000
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1.05. Schedule of Maturities. The schedule of maturities satisfies the requirements of
Section 475.54, subdivision 1 of the Act. 1.06. Optional Redemption. The City may elect on February 1, 2035, and on any day thereafter to prepay Bonds due on or after February 1, 2036. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for optional redemption, the City shall notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC shall determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments shall be at a price of par plus accrued interest to the date of optional redemption.
Section 2. Registration and Payment. 2.01. Registered Form. The Bonds shall be issued only in fully registered form. The interest thereon
and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein.
2.02. Dates; Interest Payment Dates. Each Bond shall be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond shall be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2026, to the registered owners of record thereof as of the close of business on the fifteenth day immediately preceding each interest payment date, whether or not such day is a business day. 2.03. Registration. The City shall appoint a bond registrar (the “Registrar”), authenticating agent (the “Authenticating Agent”), and paying agent (the “Paying Agent”). Except as specifically provided otherwise in Section 7 hereof, the effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate trust office a bond register (the “Bond Register”) in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred, or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the
Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner’s attorney in writing.
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(d) Cancellation. Bonds surrendered upon transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the Bond Register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the
owner’s order shall be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees, and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to the transfer or exchange.
(h) Mutilated, Lost, Stolen, or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen, or lost the Registrar shall deliver a new Bond of like amount, number, maturity date, and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen, or lost upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen, or lost, upon filing with the Registrar evidence satisfactory to it that the Bond was destroyed, stolen, or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance, and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar shall be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen, or lost Bond has already matured or been called for redemption in whole in accordance with its terms it is not necessary to issue a new Bond prior to payment.
(i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed shall be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be
redeemed at the address shown on the Bond Register and, if publication of the notice of redemption is required by law, by publishing the notice of redemption as required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, shall not affect the validity of the
proceedings for the redemption of Bonds. Bonds so called for redemption shall cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar, Paying Agent, and Authenticating Agent. The City appoints Bond Trust Services Corporation, Minneapolis, Minnesota, as the initial Registrar, Paying Agent, and Authenticating Agent with respect to the Bonds. The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City, a contract with Bond Trust Services Corporation, as the initial Registrar, Paying Agent, and Authenticating Agent with respect to the Bonds. Upon merger or consolidation of the Registrar, Paying Agent, and Authenticating Agent with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized
to act as successor Registrar, Paying Agent, and Authenticating Agent. The City agrees to pay the reasonable
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and customary charges of the Registrar, Paying Agent, and Authenticating Agent for the services performed. The City reserves the right to remove the Registrar, Paying Agent, or Authenticating Agent upon thirty (30)
days’ notice and upon the appointment of a successor Registrar, Paying Agent, or Authenticating Agent, in which event the predecessor Registrar, Paying Agent, or Authenticating Agent must deliver all cash and Bonds in its possession to the successor Registrar, Paying Agent, or Authenticating Agent and the Registrar must deliver the Bond Register to the successor Registrar. On or before three (3) business days prior to each principal or interest due date, without further order of the Council, the Interim Finance Director must transmit to the Paying Agent money sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication, and Delivery. The Bonds shall be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that those signatures may be printed, engraved, or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be
such officer before the delivery of a Bond, that signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond shall not be valid or obligatory for any purpose or entitled to any security or benefit under
this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Authenticating Agent. Certificates of authentication on different Bonds need not be signed by the same representative of the Authenticating Agent. The executed certificate of
authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed, and authenticated the City Administrator shall deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. Section 3. Form of Bond. 3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the form set forth in EXHIBIT B. 3.02. Approving Legal Opinion. The City Administrator is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, and cause the opinion to be printed on or accompany each Bond.
Section 4. Payment; Security; Funds; Pledges and Covenants. 4.01. Debt Service Fund. The Bonds will be payable from the General Obligation Bonds,
Series 2025A Debt Service Fund (the “Debt Service Fund”) hereby created. The Debt Service Fund shall be administered and maintained by the Interim Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The City will maintain the following
accounts in the Debt Service Fund: the “Street Account,” and the “Utility Account.” Amounts in the Street Account are irrevocably pledged to the Street Portion of the Bonds, and amounts in the Utility Account are irrevocably pledged to the Utility Portion of the Bonds. (a) Street Account. The proceeds of ad valorem taxes hereinafter levied to pay the debt service on the Street Portion of the Bonds and capitalized interest financed from the proceeds of the Bonds, if any, are hereby pledged to the Street Account of the Debt Service Fund. The amounts to be applied to pay the principal of and interest on the Bonds shall be deposited in the Debt Service Fund at least three (3) days prior to each respective interest payment date and principal payment date. There is appropriated to the Debt Service Fund amounts over the minimum purchase price of the Bonds paid by the Purchaser to the extent designated for deposit in the Debt Service Fund in accordance with
Section 1.03 hereof.
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(b) Utility Account. The City will maintain the following subaccounts in the Utility
Account of the Debt Service Fund: the “Utility Net Revenues Subaccount” and the “Special Assessments Subaccount.” (i) Utility Net Revenues Subaccount. The City will continue to maintain and operate its utility fund (the “Utility Fund”) to which will be credited all gross revenues from the City’s sewer, water and storm sewer utility systems (the “Utility Systems”) and out of which will be paid all normal and reasonable expenses of current operations of such systems. Any balances remaining after payment of all normal and reasonable expenses of current operations of the Utility Systems are deemed net revenues (the “Net Revenues”). Net Revenues from the Utility Systems are hereby pledged to the Utility Account of the Debt Service Fund. The amounts to be applied to pay the principal and interest on the Utility Portion
of the Bonds shall be deposited in the Utility Net Revenues Subaccount of the Debt Service Fund at least three (3) business days prior to each respective interest payment date and principal payment date. There will always be retained in the Utility Net Revenues
Subaccount of the Debt Service Fund a sufficient amount of Net Revenues to pay principal of and interest on the Utility Portion of the Bonds, and the Interim Finance Director must report any current or anticipated deficiency in the Utility Net Revenues Subaccount of the
Debt Service Fund to the Council. There is appropriated to the Utility Net Revenues Subaccount of the Debt Service Fund amounts over the minimum purchase price of the Bonds paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03 hereof. (ii) Special Assessments Subaccount. Special assessments levied or to be
levied against the property specially benefited by the Utility Project (the “Assessments”) for the payment of debt service on the Utility Portion of the Bonds are hereby pledged to the Utility Account of the Debt Service Fund. The amounts to be applied to pay the
principal of and interest on the Utility Portion of the Bonds shall be deposited in the Special Assessments Subaccount of the Debt Service Fund at least three (3) business days prior to each respective interest payment date and principal payment date. There is appropriated to the Special Assessments Subaccount of the Debt Service Fund amounts over the minimum purchase price of the Bonds paid by the Purchaser to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03 hereof. 4.02. Construction Fund. The City hereby creates the General Obligation Bonds, Series 2025A Construction Fund (the “Construction Fund”). The City will maintain the following accounts in the Construction Fund: the “Street Account” and the “Utility Account.”
(a) Street Account. Proceeds of the Street Portion of the Bonds (reduced by the appropriation made in accordance with Section 5.04 to pay costs of issuance and the appropriation, if any, of any portion of the Street Portion of the Bonds made in accordance with Section 4.01 hereof)
shall be deposited in the Street Account of the Construction Fund and used solely to pay costs of the Street Project. Any balance remaining in the Street Account of the Construction Fund after completion of the Street Project may be used for any other public use authorized by law and approved by resolution
adopted or vote taken in the manner required to authorize the application of the proceeds of the Street Portion of the Bonds for such new use and purpose, or credited to the Street Account of the Debt Service Fund or other City debt service fund, all in accordance with Section 475.65 of the Act. (b) Utility Account. Proceeds of the Utility Portion of the Bonds (reduced by the appropriation made in accordance with Section 5.04 to pay costs of issuance and the appropriation, if
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any, of any portion of the Utility Portion of the Bonds made in accordance with Section 4.01 hereof), shall be deposited in the Utility Account of the Construction Fund to be used solely to pay costs of the
Utility Project. Any balance remaining in the Utility Account of the Construction Fund after completion of the Utility Project may be used for any other public use authorized by law and approved by resolution adopted or vote taken in the manner required to authorize the application of the proceeds of the Utility Portion of the Bonds for such new use and purpose, or credited to the Utility Account of the Debt Service Fund or other City debt service fund, all in accordance with Section 475.65 of the Act. 4.03. General Obligation Pledge. For the prompt and full payment of the principal of and interest on the Bonds, as the same respectively become due, the full faith and credit and taxing powers of the City are hereby irrevocably pledged. If a payment of principal of or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the Interim Finance Director must
pay such principal or interest from the general fund of the City, and the general fund shall be reimbursed for those advances out of the proceeds of the Taxes (as hereinafter defined) levied herein, when collected.
4.04. Pledge of Taxes. (a) Street Portion. For the purpose of paying the principal of and interest on the Street
Portion of the Bonds, there are levied direct, annual, irrepealable, ad valorem taxes upon all of the taxable property in the City (the “Taxes”), to be spread upon the tax rolls and collected with and as part of other general taxes of the City. The Taxes shall be credited to the Street Account of the Debt Service Fund above provided and shall be levied in the years and amounts set forth in EXHIBIT C attached to this Resolution and, in the event the Taxes so levied are ever insufficient to pay the principal of and interest on the Bonds, additional taxes are hereby authorized to be levied without limitation as to rate or amount. Said tax levies shall be irrevocable as long as any of the Street Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by the Act (specifically, Section 475.61 of the Act).
(b) Utility Portion. It is determined that the Assessments and the Net Revenues from
the Utility Systems shall produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest on the Utility Portion of the Bonds and that no ad valorem tax levy is needed at this time. In the event of any deficiency of Assessments or Net Revenues pledged,
additional taxes shall be levied on all taxable property in the City, which taxes may be levied without limitation as to rate or amount. Said tax levies shall be irrevocable as long as any of the Utility Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by the Act (specifically, Section 475.61 of the Act). 4.05. City Covenants with Respect to the Pledge of Net Revenues to the Utility Portion of the Bonds. The Council covenants and agrees with the holders of the Bonds that so long as any of the Utility Portion of the Bonds remain outstanding and unpaid, it will keep and enforce the following covenants and agreements: (a) The City will continue to maintain and efficiently operate the Utility Systems as public utilities and conveniences free from competition of other like municipal utilities and will cause all revenues therefrom to be deposited in bank accounts and credited to the Utility Fund, as
hereinabove provided, and will make no expenditures from those accounts except for a duly authorized purpose and in accordance with this Resolution.
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(b) The City will also maintain the Utility Account of the Debt Service Fund as a separate account and will cause money to be credited thereto from time to time, out of Net Revenues
from the Utility Systems in sums sufficient to pay principal of and interest on the Utility Portion of the Bonds when due. (c) The City will keep and maintain proper and adequate books of records and accounts separate from all other records of the City in which will be complete and correct entries as to all transactions relating to the Utility Systems and which will be open to inspection and copying by any Bondholder, or the Bondholder’s agent or attorney, at any reasonable time, and it will furnish certified transcripts therefrom upon request and upon payment of a reasonable fee therefor, and said account will be audited at least annually by a qualified public accountant and statements of such audit and report will be furnished to all Bondholders upon request.
(d) The Council will cause persons handling revenues of the Utility Systems to be bonded in reasonable amounts for the protection of the City and the Bondholders and will cause the funds collected on account of the operations of such systems to be deposited in a bank whose
deposits are guaranteed under the Federal Deposit Insurance Law. (e) The Council will keep the Utility Systems insured at all times against loss by fire,
tornado and other risks customarily insured against with an insurer or insurers in good standing, in such amounts as are customary for like plants, to protect the holders, from time to time, of the Bonds and the City from any loss due to any such casualty and will apply the proceeds of such insurance to make good any such loss. (f) The City and each and all of its officers will punctually perform all duties with reference to the Utility Systems as required by law. (g) The City will impose and collect charges of the nature authorized by Chapter 444, specifically Minnesota Statutes, Section 444.075, at the times and in the amounts required to produce Net Revenues adequate to pay all principal and interest when due on the Utility Portion of
the Bonds and to create and maintain such reserves securing said payments as may be provided herein. (h) The Council will levy general ad valorem taxes on all taxable property in the City when required to meet any deficiency in Net Revenues.
4.06. City Covenants with Respect to the Pledge of Special Assessments to the Utility Portion of the Bonds. It is hereby determined that the Utility Project will directly and indirectly benefit certain abutting and other benefited property in the City, and the City hereby covenants with the holders from time
to time of the Utility Portion of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Street Project to be promptly levied so that the first installment will be collectible not later than 2025 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The Council will cause to be taken with due diligence all further actions that are required for the construction of the Utility Project financed wholly or partly from the proceeds of the Utility Portion of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Utility Portion of the Bonds and interest thereon when due.
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(b) In the event of any current or anticipated deficiency in the Assessments, the Council will levy additional ad valorem taxes in the amount of the current or anticipated deficiency.
(c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Utility Project, Assessments and the ad valorem taxes levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. (e) At least 20% of the cost to the City of the Utility Project described herein has been or will be specially assessed against benefited properties.
4.07. Debt Service Coverage. It is determined that the estimated collection of Taxes and Net Revenues herein pledged shall produce at least five percent (5%) in excess of the amount needed to meet when
due the principal and interest payments on the Bonds. The tax levies herein provided shall be irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the Interim Finance Director may certify to the County Auditor-Treasurer of Anoka County, Minnesota (the “County Auditor”)
that the City made an irrevocable appropriation of a specified amount to the Debt Service Fund of money actually on hand or if there is on hand any excess amount in the Debt Service Fund and the County Auditor shall reduce by the amount so certified the amount otherwise to be included in the rolls next thereafter prepared. 4.08. Registration of Resolution. The Interim Finance Director is authorized and directed to file a certified copy of this Resolution with the County Auditor and to obtain the certificate required by Section 475.63 of the Act. Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits, and transcripts as may be required to show the facts within their knowledge or as shown
by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, shall be deemed representations of the City as to the facts stated therein.
5.02. Certification as to Official Statement. The Mayor, the City Administrator and the Interim Finance Director, or any of their authorized designees, are authorized and directed to certify that they have
examined the final Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the final Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the final Official Statement and further that said final Official Statement did not (as of the date of the final Official Statement) and does not contain any untrue statement of a material fact or omit to state a material fact which should be included therein for the purpose for which the final Official Statement is to be used, or which is necessary in order to make the statements made therein, in light of the circumstances under which they are made, not misleading.
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5.03. Other Certificates. The Mayor, the City Administrator and the Interim Finance Director, or any of their authorized designees, are hereby authorized and directed to furnish to the Purchaser at the
closing such certificates as are required as a condition of sale. Unless litigation shall have been commenced and be pending questioning the Bonds or the organization of the City or incumbency of its officers, at the closing the Mayor, the City Administrator and the Interim Finance Director shall also execute and deliver to the Purchaser a suitable certificate as to absence of material litigation, and the Interim Finance Director shall also execute and deliver a certificate as to payment for and delivery of the Bonds. 5.04. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Wells Fargo Bank, National Association on the closing date for further distribution as directed by the Municipal Advisor. 5.05. Electronic Signatures. The electronic signatures of the Mayor, the City Administrator and the
Interim Finance Director, or any of their authorized designees, to this Resolution and any document or certificate authorized to be executed hereunder shall be as valid as an original signature of such party and shall be effective to bind the City thereto. For purposes hereof, (i) “electronic signature” means: (a) a manually
signed original signature that is then transmitted by electronic means or (b) a signature obtained through DocuSign or Adobe or a similarly digitally auditable signature gathering process; and (ii) “transmitted by electronic means” means sent in the form of a facsimile or sent via the internet as a portable document format
(“pdf”) or other replicating image attached to an electronic mail or internet message. Section 6. Tax Covenants. 6.01. Tax-Exempt Bonds. The City shall comply with all the necessary requirements and take all necessary actions (or decline to take prohibited actions) to ensure that interest on the Bonds shall not be includable in gross income for federal income tax purposes under Section 103 and Sections 141 through 150 of the Internal Revenue Code of 1986, as amended (the “Code”), and applicable Treasury Regulations promulgated thereunder (the “Regulations”). The City covenants and agrees with the holders from time to time of the Bonds that it shall not take or permit to be taken by any of its officers, employees, or agents any action which would cause the interest on the Bonds to become subject to federal income taxation under the Code and the Regulations, in effect at the time of such actions, and that it shall take or cause its officers, employees, or agents to take all affirmative action within their powers that may be necessary to ensure that such interest shall not become includable in gross income for federal income tax purposes under the Code and applicable
Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. Continuing Requirements. The City shall comply with all requirements necessary under
the Code and Regulations to establish and maintain the exclusion from gross income of the interest on the Bonds under Sections 103 and 141-150 of the Code and applicable Regulations including, without limitation, requirements relating to temporary periods for investments, limitations on amounts invested at
a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States. The Mayor and the City Administrator, being officers of the City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code and applicable Regulations stating the facts, estimates, and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the “gross proceeds” of the Bonds will not be used in a manner that would cause the Bonds to be “arbitrage bonds” within the meaning of the Code and the Regulations. The City covenants and agrees to retain such records, make such determinations, file such reports and documents, and pay such amounts at such times as are required under Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for an exception from the rebate requirement in accordance
with one of the spending exceptions set forth in Section 1.148-7 or Section 1.148-8 of the Regulations.
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The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations and covenants made by this section.
6.03. Rebate. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States unless the Bonds qualify for an exception to the rebate requirement under the Code and Regulations. 6.04. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be determined to constitute “private activity bonds,” within the meaning of Sections 103 and 141 through 150 of the Code and the applicable Regulations promulgated thereunder.
6.05. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code, the City makes the following factual
statements and representations: (a) the Bonds are not “private activity bonds” as defined in Section 141 of the Code;
(b) the City designates the Bonds as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2025 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2025 have been designated for purposes of Section 265(b)(3) of the Code. Section 7. Book-Entry System; Limited Obligation of City. 7.01. DTC. The Bonds shall be initially issued in the form of a separate single typewritten or printed
fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial issuance, the ownership of each Bond shall be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns
(“DTC”). Except as provided in this section, all of the outstanding Bonds shall be registered in the Bond Register in the name of Cede & Co., as nominee of DTC.
7.02. Participants. With respect to Bonds registered in the Bond Register in the name of Cede & Co., as nominee of DTC, the City, the Registrar, and the Paying Agent shall have no responsibility or obligation to any broker-dealers, banks, and other financial institutions from time to time for which DTC holds Bonds as securities depository (the “Participants”) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds; (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption; or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar, and the Paying Agent may treat and consider the person in whose name each Bond is registered in the Bond
Register as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and
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interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only
to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments shall be valid and effectual to fully satisfy and discharge the City’s obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the Bond Register, shall receive a certificated Bond evidencing the obligation of this Resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words “Cede & Co.” shall refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator shall promptly deliver a copy of the same to the Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the “Representation Letter”) which shall govern payment of principal of,
premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds shall agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent,
respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the Council,
determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City shall notify DTC, whereupon DTC shall notify the Participants, of the availability through DTC of Bond certificates. In such event the City shall issue, transfer, and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City shall issue and the Registrar shall authenticate Bond certificates in accordance with this resolution and the provisions hereof shall apply to the transfer, exchange, and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond shall be made and given, respectively in the manner provided in DTC’s Operational Arrangements, as set forth in the
Representation Letter. Section 8. Continuing Disclosure.
8.01. Execution of Continuing Disclosure Certificate. For purposes of this Section, “Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate executed by the Mayor and City
Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 8.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees to comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section.
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Section 9. Defeasance. When all of the Bonds and all interest thereon have been discharged as provided in this section, all pledges, covenants, and other rights granted by this resolution to the holders of the
Bonds shall cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds shall remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank).
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The motion for the adoption of the foregoing resolution was duly seconded by Member
___________________________, and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
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B-1
EXHIBIT A PURCHASE AGREEMENT
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B-2
EXHIBIT B FORM OF BOND UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES GENERAL OBLIGATION BONDS SERIES 2025A No. R-___ $_______
Interest Rate Maturity Date Date of Original Issue CUSIP
0.000% February 1, 20__ June ___, 2025 REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: _____________ THOUSAND DOLLARS
The City of Lino Lakes, a duly organized and existing municipal corporation in Anoka County, Minnesota (the “City”), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the Principal Amount specified above, on
the Maturity Date specified above, with interest thereon from the date hereof at the annual rate specified above (calculated on the basis of a 360 day year of twelve 30 day months), payable February 1 and August 1 in each year, commencing February 1, 2026, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Bond Trust Services Corporation, Minneapolis, Minnesota, as Bond Registrar, Paying Agent, and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged.
The City may elect on February 1, 2035, and on any day thereafter to prepay Bonds due on or after February 1, 2036. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the
City shall notify The Depository Trust Company (“DTC”) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each participant shall then select by lot the beneficial ownership interests in such maturity to
be redeemed. Prepayments shall be at a price of par plus accrued interest to the date of optional redemption.
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B-3
This Bond is one of an issue in the aggregate principal amount of $8,090,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued
pursuant to a resolution adopted by the City Council on June 23, 2025 (the “Resolution”), for the purpose of providing money to aid in financing (i) certain street reconstruction improvements; and (ii) improvements to utility systems, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapters 444 and 475, as amended, including Minnesota Statutes, 475.58, subdivision. 3b, as amended. The principal hereof and interest hereon are payable in part from net revenues of the utility systems of the City, in part from special assessments levied against property special benefited by the utility system improvements, in part from ad valorem taxes, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in net revenues, special assessments and ad valorem taxes pledged, which additional taxes may
be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities.
The City has designated the issue of Bonds of which this Bond forms a part as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”), relating to the disallowance of interest expense for financial institutions and within the
$10 million limit allowed by the Code for the calendar year of issue. IT IS HEREBY CERTIFIED AND RECITED that in and by the Resolution, the City has covenanted and agreed that it will continue to own and operate the sewer system, water system, and storm sewer system free from competition by other like municipal utilities; that adequate insurance on said systems and suitable fidelity bonds on employees will be carried; that proper and adequate books of account will be kept showing all receipts and disbursements relating to the Sewer Fund, the Water Fund, and the Storm Sewer Fund, into which it will pay all of the gross revenues from the sewer system, water system, and storm sewer system, respectively; that it will also create and maintain a Utility Account within the General Obligation Bonds, Series 2025A Debt Service Fund, into which it will pay out of the special assessments and net revenues from the utility systems a sum sufficient to pay when due the principal of
and interest on the Utility Portion of the Bonds (as defined in the Resolution); and that it will provide, by ad valorem tax levies, for any deficiency in required net revenues of the utility systems. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner’s attorney duly authorized in writing upon surrender hereof together with
a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner’s attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary.
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B-4
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of
Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, charter, or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives.
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B-5
IN WITNESS WHEREOF, the City of Lino Lakes, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and
City Administrator and has caused this Bond to be dated as of the date set forth below. Dated: July 14, 2025 CITY OF LINO LAKES, MINNESOTA (Facsimile) (Facsimile) Mayor City Administrator ________________________ CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within. BOND TRUST SERVICES CORPORATION By Authorized Representative ________________________
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B-6
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint _________________________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor’s signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program (“SEMP”), the New York
Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such “signature guarantee program” as may be determined by the Registrar in addition to, or in substitution for, STEMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not transfer this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.)
Please insert federal identification or other identifying number of assignee
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B-7
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Signature of Officer of Registrar
July 14, 2025
Cede & Co.
Federal ID #13-2555119
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C-1
EXHIBIT C TAX LEVY SCHEDULE
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STATE OF MINNESOTA ) )
COUNTY OF ANOKA ) ss. ) CITY OF LINO LAKES ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Lino Lakes, Anoka
County, Minnesota (the “City”), do hereby certify that I have carefully compared the attached and foregoing
extract of minutes of a regular meeting of the City Council of the City held on June 23, 2025 with the
original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar
as they relate to the issuance and sale of the City’s General Obligation Bonds, Series 2025A, in the original
aggregate principal amount of $8,090,000.
WITNESS My hand officially as such Clerk this ______ day of June, 2025.
City Clerk City of Lino Lakes, Anoka County, Minnesota
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June 23, 2025
SALE DAY REPORT FOR:
City of Lino Lakes, Minnesota
$8,090,000 General Obligation Bonds, Series 2025A
Prepared by:
Ehlers
3001 Broadway Street, Suite 320
Minneapolis, MN 55413
Keith Dahl,
Municipal Advisor
Jason Aarsvold,
Senior Municipal Advisor
BUILDING COMMUNITIES. IT’S WHAT WE DO.
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Sale Day Report for City of Lino Lakes, Minnesota 1
Competitive Sale Results
PURPOSE: For the purposes of financing certain street reconstruction projects
and various utility system improvements within the City. The
RATING: S&P Global Ratings "AA+" / Stable
NUMBER OF BIDS: 11
LOW BIDDER: Piper Sandler & Co., Minneapolis, Minnesota
COMPARISON FROM LOWEST TO HIGHEST BID:
(TIC as bid)
LOW BID:* 3.6809%
HIGH BID: 3.8993%
Summary of Sale Results:
Principal Amount*: $8,090,000
Underwriter’s Discount: $62,189
Reoffering Premium: $520,460
True Interest Cost: 3.6885%
Costs of Issuance: $80,733
Yield: 2.77%-3.90%
Total Net P&I $11,443,402
NOTES: Bond Trust Services Corporation, Minneapolis, Minnesota
will serve as Paying Agent on the Bonds.
The Bonds maturing February 1, 2036 and thereafter are
callable February 1, 2035 or any date thereafter.
* Subsequent to bid opening, the issue size was decreased
to $8,090,000 due to the reoffering premium received.
CLOSING DATE: July 14, 2025
CITY COUNCIL
ACTION:
Adopt a resolution awarding the sale of $8,090,000 General
Obligation Bonds, Series 2025A.
SUPPLEMENTARY ATTACHMENTS
• Bid Tabulation
• Sources and Uses of Funds
• Updated Debt Service Schedules
Page 60 of 142
Ehlers Bond Sale Summary
$8,665,000 General Obligation Bonds, Series 2025A
City of Lino Lakes, Minnesota
SALE: June 23, 2025
AWARD: PIPER SANDLER & CO.
NAME OF INSTITUTION
MATURITY
(February 1)AMOUNT
COUPON
RATE
REOFFERING
YIELD PRICE
TRUE
INTEREST
RATE
PIPER SANDLER & CO.$9,159,889.60 3.6809%
Minneapolis, Minnesota 2027 $435,000.00 5.000%2.770%
2028 $455,000.00 5.000%2.780%
2029 $470,000.00 5.000%2.800%
2030 $490,000.00 5.000%2.910%
2031 $505,000.00 5.000%3.000%
2032 $525,000.00 5.000%3.090%
2033 $545,000.00 5.000%3.180%
2034 $570,000.00 5.000%3.300%
2035 $590,000.00 5.000%3.460%
2036 $615,000.00 5.000%3.600%
2037 $635,000.00 4.000%3.700%
2038 $665,000.00 4.000%3.750%
2039 $695,000.00 4.000%3.800%
2040 $720,000.00 4.000%3.850%
2041 $750,000.00 4.000%3.900%
BAIRD 3.7121%
Milwaukee, Wisconsin
TD SECURITIES (USA) LLC 3.7559%
New York, New York
RAYMOND JAMES & ASSOCIATES,
INC.
3.7629%
St. Petersburg, Florida
UBS FINANCIAL SERVICES INC.3.7915%
New York, New York
NORTHLAND SECURITIES, INC.3.7972%
Minneapolis, Minnesota
STIFEL, NICOLAUS & COMPANY,
INCORPORATED
3.8044%
Birmingham, Alabama
HUNTINGTON SECURITIES, INC 3.8501%
Chicago, Illinois
BROWNSTONE INVESTMENT GROUP,
LLC
3.8560%
New York, New York
Page 61 of 142
KEYBANC CAPITAL MARKETS
INCORPORATED
3.8588%
Cleveland, Ohio
HILLTOPSECURITIES 3.8993%
Dallas, Texas
Page 62 of 142
City of Lino Lakes, Minnesota
$8,090,000 General Obligation Bonds, Series 2025A
Issue Summary
Total Issue Sources And Uses
Dated 07/14/2025 | Delivered 07/14/2025
Street
Reconstruction
Utility
Revenue
Issue
Summary
Sources Of Funds
Par Amount of Bonds $4,195,000.00 $3,895,000.00 $8,090,000.00
Reoffering Premium 269,759.80 250,699.85 520,459.65
Total Sources $4,464,759.80 $4,145,699.85 $8,610,459.65
Uses Of Funds
Total Underwriter's Discount (0.769%)32,247.40 29,941.27 62,188.67
Costs of Issuance 41,863.41 38,869.59 80,733.00
Deposit to Project Construction Fund 4,390,648.99 4,076,888.99 8,467,537.98
Total Uses $4,464,759.80 $4,145,699.85 $8,610,459.65
LinoLakes 2025A GO Bonds | Issue Summary | 6/23/2025 | 10:24 AM
Page 63 of 142
City of Lino Lakes, Minnesota
$8,090,000 General Obligation Bonds, Series 2025A
Issue Summary
Debt Service Schedule
Date Principal Coupon Interest Total P+I Fiscal Total
07/14/2025 -----
02/01/2026 --203,101.53 203,101.53 203,101.53
08/01/2026 --185,575.00 185,575.00 -
02/01/2027 375,000.00 5.000%185,575.00 560,575.00 746,150.00
08/01/2027 --176,200.00 176,200.00 -
02/01/2028 395,000.00 5.000%176,200.00 571,200.00 747,400.00
08/01/2028 --166,325.00 166,325.00 -
02/01/2029 415,000.00 5.000%166,325.00 581,325.00 747,650.00
08/01/2029 --155,950.00 155,950.00 -
02/01/2030 435,000.00 5.000%155,950.00 590,950.00 746,900.00
08/01/2030 --145,075.00 145,075.00 -
02/01/2031 460,000.00 5.000%145,075.00 605,075.00 750,150.00
08/01/2031 --133,575.00 133,575.00 -
02/01/2032 485,000.00 5.000%133,575.00 618,575.00 752,150.00
08/01/2032 --121,450.00 121,450.00 -
02/01/2033 510,000.00 5.000%121,450.00 631,450.00 752,900.00
08/01/2033 --108,700.00 108,700.00 -
02/01/2034 530,000.00 5.000%108,700.00 638,700.00 747,400.00
08/01/2034 --95,450.00 95,450.00 -
02/01/2035 560,000.00 5.000%95,450.00 655,450.00 750,900.00
08/01/2035 --81,450.00 81,450.00 -
02/01/2036 590,000.00 5.000%81,450.00 671,450.00 752,900.00
08/01/2036 --66,700.00 66,700.00 -
02/01/2037 615,000.00 4.000%66,700.00 681,700.00 748,400.00
08/01/2037 --54,400.00 54,400.00 -
02/01/2038 640,000.00 4.000%54,400.00 694,400.00 748,800.00
08/01/2038 --41,600.00 41,600.00 -
02/01/2039 665,000.00 4.000%41,600.00 706,600.00 748,200.00
08/01/2039 --28,300.00 28,300.00 -
02/01/2040 695,000.00 4.000%28,300.00 723,300.00 751,600.00
08/01/2040 --14,400.00 14,400.00 -
02/01/2041 720,000.00 4.000%14,400.00 734,400.00 748,800.00
Total $8,090,000.00 -$3,353,401.53 $11,443,401.53 -
Yield Statistics
Bond Year Dollars $76,157.03
Average Life 9.414 Years
Average Coupon 4.4032726%
Net Interest Cost (NIC)3.8015278%
True Interest Cost (TIC)3.6885085%
Bond Yield for Arbitrage Purposes 3.5773061%
All Inclusive Cost (AIC)3.8155388%
IRS Form 8038
Net Interest Cost 3.5318929%
Weighted Average Maturity 9.315 Years
LinoLakes 2025A GO Bonds | Issue Summary | 6/23/2025 | 10:25 AM
Page 64 of 142
City of Lino Lakes, Minnesota
$8,090,000 General Obligation Bonds, Series 2025A
Issue Summary
Debt Service Schedule
Date Principal Coupon Interest Total P+I 105% of Total Assessments Utilty Revenue Levy/(Surplus)
02/01/2026 --203,101.53 203,101.53 213,256.61 -102,678.04 110,578.57
02/01/2027 375,000.00 5.000%371,150.00 746,150.00 783,457.50 96,534.97 280,100.03 406,822.50
02/01/2028 395,000.00 5.000%352,400.00 747,400.00 784,770.00 96,534.98 281,150.02 407,085.00
02/01/2029 415,000.00 5.000%332,650.00 747,650.00 785,032.50 96,534.98 281,675.02 406,822.50
02/01/2030 435,000.00 5.000%311,900.00 746,900.00 784,245.00 96,534.96 281,675.04 406,035.00
02/01/2031 460,000.00 5.000%290,150.00 750,150.00 787,657.50 96,534.98 281,150.02 409,972.50
02/01/2032 485,000.00 5.000%267,150.00 752,150.00 789,757.50 96,534.98 285,350.02 407,872.50
02/01/2033 510,000.00 5.000%242,900.00 752,900.00 790,545.00 96,534.96 283,512.54 410,497.50
02/01/2034 530,000.00 5.000%217,400.00 747,400.00 784,770.00 96,534.97 281,150.03 407,085.00
02/01/2035 560,000.00 5.000%190,900.00 750,900.00 788,445.00 96,534.98 283,512.52 408,397.50
02/01/2036 590,000.00 5.000%162,900.00 752,900.00 790,545.00 96,534.98 285,087.52 408,922.50
02/01/2037 615,000.00 4.000%133,400.00 748,400.00 785,820.00 96,534.98 280,625.02 408,660.00
02/01/2038 640,000.00 4.000%108,800.00 748,800.00 786,240.00 96,534.98 283,985.02 405,720.00
02/01/2039 665,000.00 4.000%83,200.00 748,200.00 785,610.00 96,534.98 281,465.02 407,610.00
02/01/2040 695,000.00 4.000%56,600.00 751,600.00 789,180.00 96,534.97 283,775.03 408,870.00
02/01/2041 720,000.00 4.000%28,800.00 748,800.00 786,240.00 96,534.97 280,205.03 409,500.00
Total $8,090,000.00 -$3,353,401.53 $11,443,401.53 $12,015,571.61 $1,448,024.62 $4,337,095.92 $6,230,451.07
Significant Dates
Dated 7/14/2025
First Coupon Date 2/01/2026
Yield Statistics
Bond Year Dollars $76,157.03
Average Life 9.414 Years
Average Coupon 4.4032726%
Net Interest Cost (NIC)3.8015278%
True Interest Cost (TIC)3.6885085%
Bond Yield for Arbitrage Purposes 3.5773061%
All Inclusive Cost (AIC)3.8155388%
LinoLakes 2025A GO Bonds | Issue Summary | 6/23/2025 | 10:25 AM
Page 65 of 142
City of Lino Lakes, Minnesota
$4,195,000 General Obligation Bonds, Series 2025A
Street Reconstruction
Debt Service Schedule
Date Principal Coupon Interest Total P+I Fiscal Total
07/14/2025 -----
02/01/2026 --105,312.92 105,312.92 105,312.92
08/01/2026 --96,225.00 96,225.00 -
02/01/2027 195,000.00 5.000%96,225.00 291,225.00 387,450.00
08/01/2027 --91,350.00 91,350.00 -
02/01/2028 205,000.00 5.000%91,350.00 296,350.00 387,700.00
08/01/2028 --86,225.00 86,225.00 -
02/01/2029 215,000.00 5.000%86,225.00 301,225.00 387,450.00
08/01/2029 --80,850.00 80,850.00 -
02/01/2030 225,000.00 5.000%80,850.00 305,850.00 386,700.00
08/01/2030 --75,225.00 75,225.00 -
02/01/2031 240,000.00 5.000%75,225.00 315,225.00 390,450.00
08/01/2031 --69,225.00 69,225.00 -
02/01/2032 250,000.00 5.000%69,225.00 319,225.00 388,450.00
08/01/2032 --62,975.00 62,975.00 -
02/01/2033 265,000.00 5.000%62,975.00 327,975.00 390,950.00
08/01/2033 --56,350.00 56,350.00 -
02/01/2034 275,000.00 5.000%56,350.00 331,350.00 387,700.00
08/01/2034 --49,475.00 49,475.00 -
02/01/2035 290,000.00 5.000%49,475.00 339,475.00 388,950.00
08/01/2035 --42,225.00 42,225.00 -
02/01/2036 305,000.00 5.000%42,225.00 347,225.00 389,450.00
08/01/2036 --34,600.00 34,600.00 -
02/01/2037 320,000.00 4.000%34,600.00 354,600.00 389,200.00
08/01/2037 --28,200.00 28,200.00 -
02/01/2038 330,000.00 4.000%28,200.00 358,200.00 386,400.00
08/01/2038 --21,600.00 21,600.00 -
02/01/2039 345,000.00 4.000%21,600.00 366,600.00 388,200.00
08/01/2039 --14,700.00 14,700.00 -
02/01/2040 360,000.00 4.000%14,700.00 374,700.00 389,400.00
08/01/2040 --7,500.00 7,500.00 -
02/01/2041 375,000.00 4.000%7,500.00 382,500.00 390,000.00
Total $4,195,000.00 -$1,738,762.92 $5,933,762.92 -
Yield Statistics
Bond Year Dollars $39,490.60
Average Life 9.414 Years
Average Coupon 4.4029796%
Net Interest Cost (NIC)3.8015392%
True Interest Cost (TIC)3.6885772%
Bond Yield for Arbitrage Purposes 3.5773061%
All Inclusive Cost (AIC)3.8156139%
IRS Form 8038
Net Interest Cost 3.5320202%
Weighted Average Maturity 9.315 Years
LinoLakes 2025A GO Bonds | Street Reconstruction | 6/23/2025 | 10:25 AM
Page 66 of 142
City of Lino Lakes, Minnesota
$4,195,000 General Obligation Bonds, Series 2025A
Street Reconstruction
Debt Service Schedule
Date Principal Coupon Interest Total P+I
105%
Overlevy
02/01/2026 --105,312.92 105,312.92 110,578.57
02/01/2027 195,000.00 5.000%192,450.00 387,450.00 406,822.50
02/01/2028 205,000.00 5.000%182,700.00 387,700.00 407,085.00
02/01/2029 215,000.00 5.000%172,450.00 387,450.00 406,822.50
02/01/2030 225,000.00 5.000%161,700.00 386,700.00 406,035.00
02/01/2031 240,000.00 5.000%150,450.00 390,450.00 409,972.50
02/01/2032 250,000.00 5.000%138,450.00 388,450.00 407,872.50
02/01/2033 265,000.00 5.000%125,950.00 390,950.00 410,497.50
02/01/2034 275,000.00 5.000%112,700.00 387,700.00 407,085.00
02/01/2035 290,000.00 5.000%98,950.00 388,950.00 408,397.50
02/01/2036 305,000.00 5.000%84,450.00 389,450.00 408,922.50
02/01/2037 320,000.00 4.000%69,200.00 389,200.00 408,660.00
02/01/2038 330,000.00 4.000%56,400.00 386,400.00 405,720.00
02/01/2039 345,000.00 4.000%43,200.00 388,200.00 407,610.00
02/01/2040 360,000.00 4.000%29,400.00 389,400.00 408,870.00
02/01/2041 375,000.00 4.000%15,000.00 390,000.00 409,500.00
Total $4,195,000.00 -$1,738,762.92 $5,933,762.92 $6,230,451.07
Significant Dates
Dated 7/14/2025
First Coupon Date 2/01/2026
Yield Statistics
Bond Year Dollars $39,490.60
Average Life 9.414 Years
Average Coupon 4.4029796%
Net Interest Cost (NIC)3.8015392%
True Interest Cost (TIC)3.6885772%
Bond Yield for Arbitrage Purposes 3.5773061%
All Inclusive Cost (AIC)3.8156139%
IRS Form 8038
Net Interest Cost 3.5320202%
Weighted Average Maturity 9.315 Years
LinoLakes 2025A GO Bonds | Street Reconstruction | 6/23/2025 | 10:25 AM
Page 67 of 142
City of Lino Lakes, Minnesota
$4,195,000 General Obligation Bonds, Series 2025A
Street Reconstruction
Tax Levy Schedule
Tax
Levy
Year
Tax
Collect
Year
Bond
Pay
Year Total P+I
Available City
Funds Net New D/S P & I @105%Net Levy
2024 2025 2026 105,312.92 (105,312.92)---
2025 2026 2027 387,450.00 -387,450.00 406,822.50 406,822.50
2026 2027 2028 387,700.00 -387,700.00 407,085.00 407,085.00
2027 2028 2029 387,450.00 -387,450.00 406,822.50 406,822.50
2028 2029 2030 386,700.00 -386,700.00 406,035.00 406,035.00
2029 2030 2031 390,450.00 -390,450.00 409,972.50 409,972.50
2030 2031 2032 388,450.00 -388,450.00 407,872.50 407,872.50
2031 2032 2033 390,950.00 -390,950.00 410,497.50 410,497.50
2032 2033 2034 387,700.00 -387,700.00 407,085.00 407,085.00
2033 2034 2035 388,950.00 -388,950.00 408,397.50 408,397.50
2034 2035 2036 389,450.00 -389,450.00 408,922.50 408,922.50
2035 2036 2037 389,200.00 -389,200.00 408,660.00 408,660.00
2036 2037 2038 386,400.00 -386,400.00 405,720.00 405,720.00
2037 2038 2039 388,200.00 -388,200.00 407,610.00 407,610.00
2038 2039 2040 389,400.00 -389,400.00 408,870.00 408,870.00
2039 2040 2041 390,000.00 -390,000.00 409,500.00 409,500.00
Total --$5,933,762.92 (105,312.92)$5,828,450.00 $6,119,872.50 $6,119,872.50
Bond Data
Dated Date 7/14/2025
Call Date 2/01/2035
LinoLakes 2025A GO Bonds | Street Reconstruction | 6/23/2025 | 10:30 AM
Page 68 of 142
City of Lino Lakes, Minnesota
$3,895,000 General Obligation Bonds, Series 2025A
Utility Revenue
Debt Service Schedule
Date Principal Coupon Interest Total P+I Fiscal Total
07/14/2025 -----
02/01/2026 --97,788.61 97,788.61 97,788.61
08/01/2026 --89,350.00 89,350.00 -
02/01/2027 180,000.00 5.000%89,350.00 269,350.00 358,700.00
08/01/2027 --84,850.00 84,850.00 -
02/01/2028 190,000.00 5.000%84,850.00 274,850.00 359,700.00
08/01/2028 --80,100.00 80,100.00 -
02/01/2029 200,000.00 5.000%80,100.00 280,100.00 360,200.00
08/01/2029 --75,100.00 75,100.00 -
02/01/2030 210,000.00 5.000%75,100.00 285,100.00 360,200.00
08/01/2030 --69,850.00 69,850.00 -
02/01/2031 220,000.00 5.000%69,850.00 289,850.00 359,700.00
08/01/2031 --64,350.00 64,350.00 -
02/01/2032 235,000.00 5.000%64,350.00 299,350.00 363,700.00
08/01/2032 --58,475.00 58,475.00 -
02/01/2033 245,000.00 5.000%58,475.00 303,475.00 361,950.00
08/01/2033 --52,350.00 52,350.00 -
02/01/2034 255,000.00 5.000%52,350.00 307,350.00 359,700.00
08/01/2034 --45,975.00 45,975.00 -
02/01/2035 270,000.00 5.000%45,975.00 315,975.00 361,950.00
08/01/2035 --39,225.00 39,225.00 -
02/01/2036 285,000.00 5.000%39,225.00 324,225.00 363,450.00
08/01/2036 --32,100.00 32,100.00 -
02/01/2037 295,000.00 4.000%32,100.00 327,100.00 359,200.00
08/01/2037 --26,200.00 26,200.00 -
02/01/2038 310,000.00 4.000%26,200.00 336,200.00 362,400.00
08/01/2038 --20,000.00 20,000.00 -
02/01/2039 320,000.00 4.000%20,000.00 340,000.00 360,000.00
08/01/2039 --13,600.00 13,600.00 -
02/01/2040 335,000.00 4.000%13,600.00 348,600.00 362,200.00
08/01/2040 --6,900.00 6,900.00 -
02/01/2041 345,000.00 4.000%6,900.00 351,900.00 358,800.00
Total $3,895,000.00 -$1,614,638.61 $5,509,638.61 -
Yield Statistics
Bond Year Dollars $36,666.43
Average Life 9.414 Years
Average Coupon 4.4035882%
Net Interest Cost (NIC)3.8015155%
True Interest Cost (TIC)3.6884344%
Bond Yield for Arbitrage Purposes 3.5773061%
All Inclusive Cost (AIC)3.8154579%
IRS Form 8038
Net Interest Cost 3.5317558%
Weighted Average Maturity 9.316 Years
LinoLakes 2025A GO Bonds | Utility Revenue | 6/23/2025 | 10:25 AM
Page 69 of 142
City of Lino Lakes, Minnesota
$3,895,000 General Obligation Bonds, Series 2025A
Utility Revenue
Debt Service Schedule
Date Principal Coupon Interest Total P+I 105% of Total Assessments
Utility
Revenue
02/01/2026 --97,788.61 97,788.61 102,678.04 -102,678.04
02/01/2027 180,000.00 5.000%178,700.00 358,700.00 376,635.00 96,534.97 280,100.03
02/01/2028 190,000.00 5.000%169,700.00 359,700.00 377,685.00 96,534.98 281,150.02
02/01/2029 200,000.00 5.000%160,200.00 360,200.00 378,210.00 96,534.98 281,675.02
02/01/2030 210,000.00 5.000%150,200.00 360,200.00 378,210.00 96,534.96 281,675.04
02/01/2031 220,000.00 5.000%139,700.00 359,700.00 377,685.00 96,534.98 281,150.02
02/01/2032 235,000.00 5.000%128,700.00 363,700.00 381,885.00 96,534.98 285,350.02
02/01/2033 245,000.00 5.000%116,950.00 361,950.00 380,047.50 96,534.96 283,512.54
02/01/2034 255,000.00 5.000%104,700.00 359,700.00 377,685.00 96,534.97 281,150.03
02/01/2035 270,000.00 5.000%91,950.00 361,950.00 380,047.50 96,534.98 283,512.52
02/01/2036 285,000.00 5.000%78,450.00 363,450.00 381,622.50 96,534.98 285,087.52
02/01/2037 295,000.00 4.000%64,200.00 359,200.00 377,160.00 96,534.98 280,625.02
02/01/2038 310,000.00 4.000%52,400.00 362,400.00 380,520.00 96,534.98 283,985.02
02/01/2039 320,000.00 4.000%40,000.00 360,000.00 378,000.00 96,534.98 281,465.02
02/01/2040 335,000.00 4.000%27,200.00 362,200.00 380,310.00 96,534.97 283,775.03
02/01/2041 345,000.00 4.000%13,800.00 358,800.00 376,740.00 96,534.97 280,205.03
Total $3,895,000.00 -$1,614,638.61 $5,509,638.61 $5,785,120.54 $1,448,024.62 $4,337,095.92
Significant Dates
Dated 7/14/2025
First Coupon Date 2/01/2026
Yield Statistics
Bond Year Dollars $36,666.43
Average Life 9.414 Years
Average Coupon 4.4035882%
Net Interest Cost (NIC)3.8015155%
True Interest Cost (TIC)3.6884344%
Bond Yield for Arbitrage Purposes 3.5773061%
All Inclusive Cost (AIC)3.8154579%
LinoLakes 2025A GO Bonds | Utility Revenue | 6/23/2025 | 10:25 AM
Page 70 of 142
City of Lino Lakes, Minnesota
$1,002,000 General Obligation Bonds, Series 2025A
Assessments
Fixed 5.00% Rate - Equal P&I
Assessments
Date Principal Coupon Interest Total P+I
12/31/2026 46,434.97 5.000%50,100.00 96,534.97
12/31/2027 48,756.72 5.000%47,778.26 96,534.98
12/31/2028 51,194.56 5.000%45,340.42 96,534.98
12/31/2029 53,754.28 5.000%42,780.68 96,534.96
12/31/2030 56,442.00 5.000%40,092.98 96,534.98
12/31/2031 59,264.10 5.000%37,270.88 96,534.98
12/31/2032 62,227.30 5.000%34,307.66 96,534.96
12/31/2033 65,338.67 5.000%31,196.30 96,534.97
12/31/2034 68,605.60 5.000%27,929.38 96,534.98
12/31/2035 72,035.88 5.000%24,499.10 96,534.98
12/31/2036 75,637.68 5.000%20,897.30 96,534.98
12/31/2037 79,419.56 5.000%17,115.42 96,534.98
12/31/2038 83,390.54 5.000%13,144.44 96,534.98
12/31/2039 87,560.07 5.000%8,974.90 96,534.97
12/31/2040 91,938.07 5.000%4,596.90 96,534.97
Total $1,002,000.00 -$446,024.62 $1,448,024.62
Significant Dates
Filing Date 1/01/2026
First Payment Date 12/31/2026
LinoLakes 2025A GO Bonds | SINGLE PURPOSE | 6/23/2025 | 10:24 AM
Page 71 of 142
City of Lino Lakes, Minnesota
$8,090,000 General Obligation Bonds, Series 2025A
Issue Summary
Detail Costs Of Issuance
Dated 07/14/2025 | Delivered 07/14/2025
COSTS OF ISSUANCE DETAIL
Municipal Advisor $48,308.00
Bond Counsel (Kennedy & Graven)$10,200.00
Rating Agency Fee (S&P)$20,900.00
Paying Agent (Bond Trust Services)$925.00
Anoka County Fee $400.00
TOTAL $80,733.00
LinoLakes 2025A GO Bonds | Issue Summary | 6/23/2025 | 10:25 AM
Page 72 of 142
Lino Lakes, MN
Series 2025A Bond Sale Results
June 23, 2025
Page 73 of 142
2
Proposed City Bonding: $8,665,000
•Street Reconstruction: $4,495,000
Debt Issuance will be paid from property taxes
•Utility Revenue: $4,170,000
Debt Service will be paid from utility revenues and special assessments
•Council provided preliminary authorization to proceed with bonding May 27th
General Obligation Bonds, Series 2025A
Page 74 of 142
3
•Credit Rating discussion with Standard and Poor’s
Rating affirmed at AA+ level, assigned a “positive outlook”
Reflects consistent financial performance, very strong management
practices and policies, and continued tax base growth
•Offering documents circulated to the municipal bond marketplace
•Competitive bids due 10:00 am June 23rd
•Bids reviewed by Ehlers and City staff
Process to Date
Page 75 of 142
4
Bids Received
Bidder Indicated Rate
Piper Sandler & Co 3.6809%
Baird 3.7121%
TD Securities (USA) LLS 3.7559%
Raymond James & Associates 3.7629%
UBS Financial Services 3.7915%Spread
Northland Securities 3.7972%0.2184%
Stifel, Nicolaus & Company 3.8044%
Huntington Securities 3.8501%
Brownstone Investments 3.8560%
Keybanc Capital Markets 3.8588%
Hilltop Securities 3.8993%
Page 76 of 142
5
•Low bid from Piper Sandler & Co., Minneapolis, Minnesota
•Total Principal resized to $8,090,000
Reduction of $575,000
Reflects low bid’s reoffering premium and final issuance costs
•2025A Bonds Final True Interest Cost calculation: 3.6885%
Better than Presale estimate of 4.2683%
Final Results
Page 77 of 142
6
•Final Council Action: affirm and ratify approval of sale results
•Consider the Award Resolution prepared by the City’s bond
attorneys at Kennedy & Graven
•Scheduled closing on or before July 14, 2025
General Obligation Bonds, Series 2025A
Page 78 of 142
CITY COUNCIL
STAFF REPORT
AGENDA ITEM 3.A.
STAFF ORIGINATOR: Karen Anderson, City Administrator
MEETING DATE June 23, 2025
AGENDA ITEM: Consider Approval of Municipal Cannabis Dispensary Feasibility Study
VOTE REQUIRED: Simple Majority
INTRODUCTION
Consideration for the approval of entering into a contract with Great White Companies, LLC to
complete a Municipal Cannabis Dispensary feasibility study.
BACKGROUND
Based on the City Council's direction, staff researched numerous consultants to assist the City
of Lino Lakes in its decision to possibly pursue a Municipal Cannabis Retail License. The Great
White Companies, LLC is recommended to provide a community-specific feasibility study which
will help illustrate the potential market and highlight projected sales for the City of Lino Lakes.
The cost of the study is $2,500.
RECOMMENDATION
Staff is requesting Council approval to sign a contract with Great White Companies, LLC to
complete a Municipal Cannabis Dispensary feasibility study.
ATTACHMENTS
1. 06-23-25 - Municipal Cannabis Dispensary - Feasibility Study
Page 79 of 142
Great White Companies MN, LLC
855 Rice Street, Suite 100
Saint Paul, MN 55117
651-487-1208
Proposal
To assist the city of Lino Lakes in its decision to pursue a Municipal Cannabis Retail License in the ever-
evolving Minnesota adult-use landscape. A community-specific feasibility study will help illustrate the
potential market and highlight projected sales. Other services our team can provide:
• Business Plan development and execution
• Cultivation facility design, both temporary and permanent
• Retail store design
• Product display and visual merchandising
• Logistics
• Operations
• Licensing application
• SOP’s
• Business Planning
• Government Relations
• Compliance and regulatory aKairs
• Banking in the cannabis space
• Security
• Cultivation best practices
• Strain selection and genetics sourcing
• Product selection
• Brand development
• Advertising, marketing, and go-to-market strategy
• Medical cannabis and cannabinoid therapy
• Producer and vendor identification and selection
Project Leads
Bill Parker and Colin Kelley, who have combined nearly 20 years of cannabis experience, will lead this project.
As demonstrated in their bios in the relevant information section, these gentlemen have years of experience
evaluating, planning, and building cannabis companies in Minnesota and beyond. There is no other
combination of individuals in Minnesota with more experience in the legal cannabis markets than Bill and
Colin.
Both individuals will be oKiced at 855 Rice Street, Suite 100, Saint Paul, MN 55117
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
Rob Raferty, Mayor
Page 80 of 142
Qualifications & Experience
Bill and Colin will be joined by a team of individuals with extensive cannabis experience, specific to
evaluating opportunities and building organizations to thrive in the legal cannabis markets. Full bios can be
found in the Relevant Information to Demonstrate Qualifications section of this RFP.
The team has conducted feasibility studies in over 15 markets nationwide. These have included:
• Evaluation of market opportunity for vertically integrated and stand-alone cannabis operations.
• Understanding local and transient customer bases, and potential business locations.
• Determine required resources, and the economic impact (including tax implications) for the most
eKicacious economic opportunity.
The team has provided consulting services and executed on business plans in more than 12 markets across
the US.
Relevant Information to Demonstrate Qualifications
The team conducting the work required will include, but not be limited to, the following individuals:
Bill Parker
Bill Parker brings a mix of operational discipline, personal compassion, and unique life experience to every
role he takes on. Drawing from his time served in the US Army, Bill understands the need for structure and
precision in building trust and delivering consistent, superior results. Bill’s passion to help others is driven by
his years served as a paramedic and his son’s heroic battle with pediatric cancer. Witnessing the benefits of
cannabis firsthand, Bill now dedicates his time to normalizing and destigmatizing cannabis.
Bill served as CEO and President of LeafLine Labs, helping lead the company to dominate the Minnesota
medical cannabis market. He has a wide array of cannabis experience from his years working and managing a
100% vertically integrated medical cannabis company. Bill is well-versed in cannabis operations (retail,
cultivation, processing, etc.), program compliance, security, government relations, and cannabinoid therapy.
Colin Kelley
Colin Kelley is a Senior Partner at Merida Capital Holdings, the largest cannabis private equity fund in the
world. In this role he has overseen the investment of more than $300m and build cannabis companies worth
nearly $1B. He currently oversees over 80 companies operating in 12 diKerent states. At Merida he led the i2
Minority Business Accelerator, which selected five BIPOC and/or Native led cannabis businesses to receive
funding and assistance from the Merida management team, particularly Colin. He also is a board member of
six cannabis companies, and a cannabis point of sale software company. He is a member of the editorial
board for Cannabis Business Times and The Cannabis Conference – and is a frequent contributor to both.
Prior to joining Merida Colin served as a board member for LeafLine Labs, one of two licensees in Minnesota’s
medical cannabis program. At LeafLine he also filled the role of Chief Operating OKicer, Chief Financial
OKicer, and President of the Wellness (CBD) division. During that time he oversaw the expansion of LeafLine
from a paper license with no employees to a thriving operation with more than six dispensaries, a cultivation
and manufacturing facility, and more than 200 employees.
Before joining the cannabis industry Colin held leadership roles at Dun & Bradstreet, State Street Bank, Wind
River Capital Management, the SAP Business Incubator, and the Civilian Research and Development Fund –
specifically the denuclearization of Libya. He attended Bryant University in Rhode Island earning a Bachelor
of Science of Business Administration with a dual concentration of Finance and Management.
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Curtis White
Curtis was born and raised in Fairmont, MN. He is fourth generation to Fairmont and his family ties run deep
in the community. Curtis is a versatile leader with over 20 years of experience in farming and agricultural
business. He spent much of his youth learning the trade by aiding in his family's expansive 3,300 acre corn
and soybean business. In the early 2000's, he owned and operated Dynasty Holdings, a company responsible
for over eight billion dollars in mortgage loan volume. Dynasty holdings specialized in mortgage lead
generation, loan processing and loan closing through utilize a $10 million dollar line of credit. In 2008, Curtis
returned to his agricultural background where he founded several companies specializing in growing and
producing cannabis-derived products. His wealth of knowledge in cannabis seeding, cultivation, genetics,
extraction, and product formulations played an integral role his most recent endeavor, Great White Industries
and Great White Farms. Great White Industries specializes in branding, manufacturing, and distribution of
CBD products. The nationwide CBD brand is Curt’s Concentrates which is sold and distributed direct to
consumers, small shops, and large distributing chains throughout the nation. A second brand MN Roots was
developed to support MN Hemp and Cannabis with the goal to bring consumer, manufacturing, and growing
education to MN based on his years of experience. The first MN Roots storefront will open in Elk River, July
2023 to promote the brand along with CBD education for the community. Land was purchased in Fairmont,
MN to build a 65,000 square foot state of the art vertical grow and retail store in the community which will be
operational in the next 6 months. Great White Farms specializes in branding, manufacturing, and distribution
of THC products along with grow, genetics, extraction, and manufacturing consulting.
Curtis’ growing expertise in plant nutrients, cloning and light balance leads to industry standard plant yields.
Curtis is a legendary figure in the cannabis world. His honest and hardworking nature is a testament to his
ability to stay grounded to his small-town roots.
Buck McAlpin
Buck currently works with the Libby Law OKice in Saint Paul as a Government Relation’s Specialist. Buck has
spent the last 28 years lobbying at the Minnesota State Capital on emergency medical services, health care
related issues and within the Cannabis space. Buck has a background in both rural and large urban EMS
operations working as a paramedic and EMS Operations Director in those settings.
Buck continues to represent and lobby for the American College of Emergency Physicians, the MN
Ambulance Association, Rural Transportation Providers, and other health care related entities. Buck was one
of the original investors and contractors when the State awarded LeafLine Labs, LLC one of the two State
Medical Cannabis licenses back in 2014. He worked to navigate the entire process with the Board of Directors
and LeafLine to establish a cannabis program in MN. In May of 2018 Buck was elected by the 200
investors/members of LeafLine to serve as the Board Chair. As Chair of the Board, he was active in day-to-day
operations and the success of the Company. In 2021 Buck worked with the Board and leadership to develop
an exit plan and ultimate sale of LeafLine to a National Cannabis operator. Buck enjoys working in the
entrepreneurial space and has owned and purchased numerous companies over the years.
Nick Zerwas
Nick is a respected leader in our community, with a career that spans both public and private sectors. He
served as a member of the Minnesota House of Representatives and played a crucial role in shaping the
state's medical cannabis program. His expertise and dedication to responsible business practices make him
a valuable asset to Minnesota's legal cannabis industry.
During his time as a Minnesota State Representative, Zerwas represented District 30A, which included Elk
River, Big Lake, and Otsego. He focused on essential issues like public safety and healthcare, demonstrating
his commitment to public service and advocacy.
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Zerwas's notable achievement during his legislative career was his involvement in crafting Minnesota's
medical cannabis program. He understood healthcare policy and worked to create a program that prioritizes
patient well-being and access to medical cannabis for those in need.
In the private sector, Zerwas continued to contribute to cannabis policy, working on the adult use bill during
the 2023 session. He represented one of Minnesota's two medical cannabis companies in legislative
negotiations.
His experience in shaping the medical cannabis program positions Zerwas to make a meaningful impact on
Minnesota's adult use cannabis industry. He advocates for responsible regulations and patient-centered
approaches.
We are proud to have Nick Zerwas as part of our team as we enter the legal cannabis space. His expertise,
dedication, and passion for public service and responsible business practices will shape the success of our
cannabis company in Minnesota.
With Zerwas's guidance, we uphold high standards of excellence, integrity, and community engagement. We
are confident that his leadership will lead us to a thriving and socially responsible future in Minnesota's
evolving cannabis industry.
Cost Proposal
We propose costs as outlined below:
1. $2500 – Community-specific feasibility study
References
Robert Engebretsen
• raengebr@gmail.com
• 612.964.9088
• President, US Bank Wealth Management - Retired
• Board Member, LeafLine Labs
Dan Schoen
• dan4358@gmail.com
• 651.398.8268
• Minnesota State Senator, District 54 – Retired
o Co-sponsor of Medical Cannabis Bill - SF 2470
• Minnesota State Representative, District 54A – Retired
• Law Enforcement OKicer, City of Cottage Grove
Page 83 of 142
Certifications
We certify to the best of our knowledge and belief that our principals and employees:
• Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded by any Federal, State, Local, or Tribal department or agency.
• Have not within a five-year period preceding this proposal been convicted of a civil judgement
rendered against them for commission of fraud or criminal oKense in connection with obtaining,
attempting to obtain o, or performing a public (Federal, state, local or Tribal) transaction or contract
under a public transaction; violation of Federal or State antitrust statues or commission of
embezzlement, theft, forgery, bribery, falsification, or destruction of records making false
statements, or receiving stolen property.
• Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, Local or Tribal).
• Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, Local, or Tribal) terminated for cause or default.
Great White Companies MN LLC
By:
Bill Parker
Its: COO
Date: June 19, 2025
City of Lino Lakes
By:
Its:
Date:
Page 84 of 142
CITY COUNCIL
STAFF REPORT
AGENDA ITEM 3.B.
STAFF ORIGINATOR: Roberta Colotti, City Clerk
MEETING DATE June 23, 2025
AGENDA ITEM: Consider First Reading of Ordinance 12-25 Regulating Pet Stores
VOTE REQUIRED: Simple Majority
INTRODUCTION
Presented for the consideration of the City Council is draft Ordinance No. 12-25 Regulating Pet
Stores.
BACKGROUND
At the June 9, 2025, City Council meeting, three residents appeared before the Council during
the Public Comment period to request that the City Council adopt an ordinance prohibiting the
sale of dogs and cats by pet stores. The option to showcase dogs and cats for adoption by local
shelters and animal rescue organizations was preferred to selling dogs and cats that may
potentially be part of a puppy mill. They provided several sample ordinances for the City's
consideration. These ordinances were reviewed and used to draft the attached Ordinance
Regulating Pet Stores, which will be incorporated into our existing City Code Chapter 503
Animal Control Regulations. Under Section 503.23 PENALTY. "A violation of any section of
Chapter 503 is a misdemeanor. Each day on which a violation continues shall constitute a
separate violation." This new section of the code will be covered by Section 503.23.
RECOMMENDATION
Waive the Full Reading of Ordinance No. 12-25 Regulating Pet Stores.
Provide First Reading to Ordinance No. 12-25 Regulating Pet Stores.
ATTACHMENTS
1. 12-25 - Regulating Pet Stores
Page 85 of 142
1st Reading: June 23, 2025 Website Notice: June 24, 2025
2nd Reading: July 14, 2025 Publication: July 22, 2025
Adoption: July 14, 2025 Effective: August 21, 2025
CITY OF LINO LAKES
ORDINANCE NO. 12-25
REGULATING PET STORES
The City Council of Lino Lakes ordains:
CITY CODE CHAPTER 503: ANIMAL CONTROL REGULATIONS IS AMENDED TO INCLUDE PET
STORE REGULATIONS
SECTION 501.01 DEFINITIONS
Animal Control Authority. Any governmental entity which is responsible for animal control
operations in its jurisdiction.
Animal Rescue Organization. Any not-for-profit organization which has tax-exempt status under
Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is in
whole or in significant part, the rescue of animals and the placement of those animals in
permanent homes, and which does not breed animals.
Animal Shelter. Any not-for-profit organization which has tax- exempt status under Section
501(c)(3) of the United States Internal Revenue Code, which (1) accepts animals into a physical
facility; (2) is devoted to the rescue, care, and adoption of stray, abandoned, unwanted or
surrendered animals; (3) places animals in permanent homes or with animal rescue
organizations; and (4) does not breed animals.
Cat. A mammal that is wholly or in part the species Felis domestics.
Certificate of Source. A document from an animal control officer, animal containment facility,
animal rescue organization, or animal shelter which shall provide a brief description of the dog
or cat, and shall list the name, address, and telephone number of the organization.
Pet Store. Any retail establishment, or operator thereof, which displays, sells, delivers, offers for
sale, barters, auctions, gives away, or otherwise transfers companion animals in the City of Lino
Lakes. This definition does not apply to animal control authorities, animal shelters, animal rescue
organizations, or kennels otherwise licensed under this section.
Pet Store Operator. A person or business entity who owns or operates a pet store.
SECTION XX PROHIBITION ON SALES, PET STORES
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2
1. No pet store shall sell, deliver, offer for sale, barter, auction, give away, or otherwise
transfer or dispose of cats or dogs.
2. Nothing in this section shall prohibit pet stores from collaborating with animal shelters,
animal rescue organizations, and animal control authorities to offer space for such
entities to showcase adoptable dogs and cats inside pet stores. Such animals shall not be
younger than 8 weeks old. Dogs that are showcased for adoption shall not be kept
overnight at a pet store. Cats that are showcased for adoption shall not be kept overnight
at a pet store without provisions for care.
SECTION XX CERTIFICATE OF SOURCE, PET STORES
1. A pet store shall post and maintain a Certificate of Sources for all dogs and cats in a
conspicuous place on or within five feet of each kennel, cage or enclosure.
2. A Certificate of Source shall be provided to the adopter of any dog or cat.
3. Certificate of Source records for each dog or cat shall be maintained by a pet store for
at least 12 months from the date the dog or cat left the pet store.
4. Pet stores shall make Certificate of Source immediately available for review upon the
request of a police officer, Community Service Officer (CSO), animal control authority,
or humane agent pursuant to Minnesota Statutes Sectoin 343.06 acting on behalf of
the City.
SECTION XX INSPECTION, PET STORE
1. During business hours open to the public a City employee is authorized to inspect the pet
store for the purpose of ensuring compliance with this section.
SECTION XX VIOLATIONS, PET STORE
It shall be deemed a violation of this section for any person to:
1. Falsify a Certificate of Source.
2. Resist, impede or hinder a City employee in the performance of his or her duties in
inspecting any pet store.
3. Violate any provisions of this section.
ADOPTED by the Lino Lakes City Council this 14th day of July, 2025.
CITY OF LINO LAKES
BY: _______________________
Rob Rafferty, Mayor
ATTEST
________________________
Roberta Colotti, CMC,
City Clerk
Page 87 of 142
CITY COUNCIL
STAFF REPORT
AGENDA ITEM 3.C.
STAFF ORIGINATOR: Roberta Colotti, City Clerk
MEETING DATE June 23, 2025
AGENDA ITEM: Consider Amendment to Rules of Decorum
VOTE REQUIRED: Simple Majority
INTRODUCTION
The City Council is being asked to review the Rules of Decorum for possible amendment.
BACKGROUND
The Rules of Decorum are a document used to guide the City Council, staff and members of the
public in presenting matters before the City Council. It is requested that the Council review the
rules related to the presentation of messaging on signs and apparel in relation to the public
comment provisions. Public meeting accessibility. The process for accepting, reviewing and
recording of written comments. Finally, review the rules for presenting written materials (i.e.
handouts) provided by speakers during the public comment period.
RECOMMENDATION
Motion to adopt the City Council Rules of Decorum revisions.
ATTACHMENTS
1. Rules of Decorum - Draft 06-23-25
Page 88 of 142
CITY OF LINO LAKES
CITY COUNCIL
RULES OF DECORUM
Last Updated January 13, 2025
Revised: June 23, 2025
Members of Council. While the meeting is in session, the members must preserve order and
decorum. A member of the Council or member of the public shall neither, by conversation,
holding up a sign or otherwise, delay or interrupt proceedings or the peace of the meeting nor
disturb any member while speaking or refuse to obey the orders of the presiding officer.
Recognition. No person or member shall address the other members without being recognized
by the presiding officer.
Staff. Members of the City staff shall observe the same rules of order and decorum as are
applicable to the City Council.
Addressing the Council. At the start of each City Council meeting, in accordance with the City of
Lino Lakes Charter, the City Council shall accept comments from the public on any matter,
whether on the agenda or not. Comments will not be accepted during specific agenda items
unless a Public Hearing has been noticed.
Members of the public who wish to address the Council during the public comment period shall
sign-in prior to the start of each Council meeting. Sign-in information shall include: full Nname,
address, email address, /telephone number, and topic of discussion.
1) The City Clerk shall retrieve the sign-in sheet at the beginning of the meeting and shall
provide the sign-in sheet to the The presiding officer who will recognize each member of
the public that signed in prior to the start of the meeting who is present and wishes to
speak during the public comment period.
2) When recognized by the presiding officer, each member of the public addressing the
Council shall step up to a microphone provided for the use of the public after being
recognized by the presiding officer and give his/her name and address in an audible tone
of voice for the records, state the subject to be discussed and state who the speaker is
representing if representing an organization or other persons.
3) Unless further time is granted by a majority vote of the Council, remarks from the public
shall be limited to three (3) minutes. All remarks shall be addressed to the Council as a
whole and not to any member thereof.
4) No person other than members of the Council and the person having the floor shall be
permitted to enter into any discussion, either directly or through a member of the Council,
without permission of the presiding officer.
5) No question may be asked of a Councilmember or a member of the staff without the
permission of the presiding officer.
6) Speakers shall offer comments that are courteous and respectful. Comments that are
abusive, harassing, that constitute an attack on others, including City staff, or that violate
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privacy rights, will not be permitted. Violation of these public comment rules will result in
the speaker being ruled out of order and the termination of the comment.
7) In order to expedite matters and to avoid repetitive presentations, whenever any group
of persons wishes to address the Council on the same subject, it shall be proper for the
presiding officer to request that a spokesperson be chosen by the group to address the
Council and, in case additional matters are to be presented by any other member of said
group, to limit the number of such persons addressing the Council.
8) Violation of these public comment rules will result in the speaker being ruled out of order
and the termination of the comment.
Written Comments. Members of the public may submit materials for the public record. Materials
are to be submitted to the City Clerk. If the person submitting the written comments is not able
to appear in person at the meeting to present their statement during public comment, the
comments will be received by the City Clerk and distributed to the City Council. If received three
business days in advance of the meeting the comments will be submitted in advance of the
meeting. If received after that time copies will be made available to the Council as soon as
practical thereafter. The written comments will not be read into the minutes, however, it will be
noted that the comments were received, and the topic of the comments will be noted in the
minutes. The comments will be kept as a public record in accordance with the City’s data
practices policies.
Written Materials. If there are written materials or reports the public would like to present at the
meeting they should provide copies three business days in advance to the City Clerk. If presenting
written materials at the meeting copies may be handed to the City Clerk for distribution. No
materials will be allowed to be presented on-camera without submitting the materials three
business days prior to the meeting to the City Clerk and unless approved by the City
Administrator. No offensive materials will be permitted to be displayed on-camera.
After Motion. After a motion has been made or a public hearing has been closed, no member of
the public shall address the Council from the audience on the matter under consideration.
Conduct. Any member of the Council, staff, or person indulging in personalities or making
impertinent, slanderous or profane remarks or who willfully utters loud, threatening or abusive
language, or engages in any disorderly conduct which would impede, disrupt or disturb the
orderly conduct of any meeting, hearing or other proceeding, shall be called to order by the
presiding officer and, if such conduct continues, may at the discretion of the presiding officer, be
ordered barred from further audience before the Council during that meeting.
Members of the Audience. No person in the audience shall engage in disorderly or disruptive
conduct such as audible commentary during a meeting, hand clapping, stamping of feet,
whistling, using profane language, yelling and similar demonstrations, which conduct disturbs the
peace and good order of the meeting. Signs are not permitted to be displayed within the Council
Chambers or any other Council meeting room during the time of a Council meeting, members of
the public wishing to speak to a matter are asked to speak during the public comment period.
Apparel and buttons with messaging related to matters of City Council action and discussion at
that meeting are not permitted. Again, those members of the public wishing to speak to a matter
of interest are asked to speak during the public comment period. Signs and apparel with political Page 90 of 142
messages are permitted on the municipal campus grounds and within City Hall, outside of the
meeting room being used for the Council meeting. Further restrictions during the time of
elections as set forth by state or federal laws, supersede any rules of decorum permissions and
must be observed.
Accessibility. It is important that all members of the public attending Council meetings are able
to receive and understand the information being presented and to participate fully in the
meeting, in accordance with the rules of decorum. If a sign language interpreter, large print
materials, audio assistance devices or other equipment, materials, or assistive devices are
required under the Americans with Disabilities Act (ADA), requestors are required to contact the
City Clerk five business days in advance to provide time to prepare and secure the necessary
resources. If the request is received with less than five business days’ notice, resources will be
secured as available but may be limited based on time constraints.
City Council Work Sessions. The City Council Work Sessions are used by the Council and staff to
discuss upcoming issues and matters requiring action by the Council and action items will be
moved forward to future City Council Regular Meeting Agendas for consideration. Work sessions
are for discussion by the Council and staff and, at times, for presentations by various community
groups, applicants, or principal participants related to specific agenda items as determined by
the majority of the Council. There is no public comment at work sessions.
ENFORCEMENT OF DECORUM
Warning. All persons shall, at the request of the presiding officer, be silent, put down their sign,
remove any buttons or cover any messaging on apparel. If, after receiving a warning from the
presiding officer, a person persists in disturbing the meeting, said officer may order this person
removed from the meeting. If this person does not leave willingly, the presiding officer may call a
recess and order that the person be removed by the Sergeant-at-Arms.
Sergeant-at-Arms. The Lino Lakes Director of Public Safety Chief of Police, or such member or
members of the Police Department, shall be Sergeant-at-Arms of the Council meetings or as
asked to be present at board or committee meetings. The Chief or other Police Department
representative shall carry out all lawful orders and instructions given by the presiding officer for
the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the
presiding officer, it shall be the duty of the Sergeant-at-Arms to remove from the meeting any
person who intentionally disturbs the proceedings of the Council.
Resisting Removal. Any person who resists removal by the Sergeant-at-Arms may be charged
with Disorderly Conduct.
Motions to Enforce. Any Council member may move to require the presiding officer to enforce
these rules and the affirmative vote of a majority of the Council shall require the presiding officer
to do so.
Adjournment. In the event that any meeting is willfully disturbed by a group or group of persons
so as to render the orderly conduct of such meeting unfeasible and when order cannot be
restored by the removal of individuals who are creating the disturbance, the meeting may be
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adjourned with the remaining business considered at the next regular meeting.
Special Meetings. If the matter being addressed prior to adjournment is of such a nature as to
demand immediate attention, the presiding officer may adjourn the meeting to another date.
Use of Cameras and Recording Devices Limited. Cameras, cell phone cameras, electronic sound
recording devices and any other mechanical, electrical or electronic recording devices may be
used in the Council Chamber, but only in such a manner as will cause a minimum of interference
with or disturbance of the proceedings of the Council and at the discretion of the presiding officer.
Page 92 of 142
CITY COUNCIL
STAFF REPORT
AGENDA ITEM 4.A.
STAFF ORIGINATOR: Curt Boehme , Chief of Police
MEETING DATE June 23, 2025
AGENDA ITEM: Consider Appointment of Police Officer
VOTE REQUIRED: Simple Majority
INTRODUCTION
The City Council is being asked to approve the appointment of Colton Timmons to the Police
Officer position within the Police Department.
BACKGROUND
Staff has completed the recruitment process, provided a conditional offer, and is
recommending the approval of Timmons for the full-time position.
Timmons is a Lino Lakes Police Cadet in the ICPOET program and will be graduating from the
program on July 8, 2025.
The starting wage for Timmons will be $42.22 per hour, which is Step 1 in a 7-step wage scale
for the Police Officer position.
With the Council’s approval, Timmons will start in the Police Officer position once he receives
his POST licensure.
There are currently two vacant Police Officer positions within the Police Department. The 2025
Approved Budget is funded for 28 sworn positions. The hiring of Timmons as an officer will
bring the police department to 25 sworn staff. Approval of this request will not result in an
increase to personnel cost for the police department.
RECOMMENDATION
Please approve the appointment of Colton Timmons to the Police Officer position.
ATTACHMENTS
None
Page 93 of 142
CITY COUNCIL
STAFF REPORT
AGENDA ITEM 5.A.
STAFF ORIGINATOR: Dan L'Allier, Fire Chief
MEETING DATE June 23, 2025
AGENDA ITEM: Consider Appointment of Paid On-Call Firefighter
VOTE REQUIRED: Simple Majority
INTRODUCTION
The City Council is being asked to approve the appointment of Ky Page to the Paid On-Call
Firefighter position within the Fire Department.
BACKGROUND
Staff has completed the recruitment process, provided a conditional offer and is recommending
the approval of Page for the Paid On-Call position.
Page will be stationed at Fire Station 2. Currently the city has 11 firefighters at Fire Station 1
and 14 firefighters at Fire Station 2. Fully staffed would be twenty firefighters at each station.
The starting wage for Page will be $22.44 per hour, which is Step 1 of a 5 step wage scale for
the Paid On-Call Firefighting position.
With the Council’s approval, Page would start in the position on June 30, 2025.
RECOMMENDATION
Please approve the appointment of Ky Page to the Paid On-Call Firefighter position.
ATTACHMENTS
None
Page 94 of 142
CITY COUNCIL
STAFF REPORT
AGENDA ITEM 5.B.
STAFF ORIGINATOR: Dan L'Allier, Fire Chief
MEETING DATE June 23, 2025
AGENDA ITEM: Consider Appointment of Paid On-Call Firefighter
VOTE REQUIRED: Simple Majority
INTRODUCTION
The City Council is being asked to approve the appointment of Cody Kanowitz to the Paid On-
Call Firefighter position within the Fire Department.
BACKGROUND
Staff has completed the recruitment process, provided a conditional offer and is recommending
the approval of Kanowitz for the Paid On-Call position.
Kanowitz will be stationed at Fire Station 1. Currently the city has 11 firefighters at Fire Station
1 and 14 firefighters at Fire Station 2. Fully staffed would be twenty firefighters at each station.
The starting wage for Kanowitz will be $22.44 per hour, which is Step 1 of a 5 step wage scale
for the Paid On-Call Firefighting position.
With the Council’s approval, Kanowitz would start in the position on June 30, 2025.
RECOMMENDATION
Please approve the appointment of Cody Kanowitz to the Paid On-Call Firefighter position.
ATTACHMENTS
None
Page 95 of 142
CITY COUNCIL
STAFF REPORT
AGENDA ITEM 5.C.
STAFF ORIGINATOR: Dan L'Allier, Fire Chief
MEETING DATE June 23, 2025
AGENDA ITEM: Consider Appointment of Part-Time Firefighter
VOTE REQUIRED: Simple Majority
INTRODUCTION
The City Council is being asked to approve the appointment of Samuel Gibson Eyestone to the
Part-Time Firefighter position within the Fire Department.
BACKGROUND
Staff has provided a conditional offer and is recommending the approval of Eyestone for the
part-time position.
Eyestone has completed Firefighter 1 & 2 as well as Hazardous Materials training and
certification and has been working as a Paid On-Call Firefighter for the City of Lino Lakes since
May 4, 2025. Eyestone also has seven years of previous firefighting experience.
The starting wage for Eyestone will be $30.08 per hour, which is Step 6 of a 7 step wage scale
for the Part-Time Firefighting position.
With the Council’s approval, Eyestone would start in the position on June 30, 2025.
The Fire Department currently has 14 Part-Time Firefighters on staff.
RECOMMENDATION
Please approve the appointment of Samuel Gibson Eyestone to the Part-Time Firefighter
position.
ATTACHMENTS
None
Page 96 of 142
CITY COUNCIL
STAFF REPORT
AGENDA ITEM 5.D.
STAFF ORIGINATOR: Dan L'Allier, Fire Chief
MEETING DATE June 23, 2025
AGENDA ITEM: Consider Approval to Offer Healthcare Benefits to Firefighters
VOTE REQUIRED: Simple Majority
INTRODUCTION
The City Council is being asked to authorize offering healthcare benefits to firefighters working
over 30 hours per week.
BACKGROUND
During the June 4, 2025 Special Work Session, staff presented the City Council with information
regarding requirements set forth in the Affordable Care Act (ACA) that requires employers to
offer healthcare benefits to employees regularly working over 30 hours per week. Meeting the
ACA requirements allows the City to use the Fair Labor Standards Act (FLSA) firefighter
exemption. The FLSA exemption allows firefighters to work 53 hours a week during a 28-day
work cycle.
RECOMMENDATION
Staff recommend approval to offer healthcare benefits to firefighters working over 30 hours per
week.
ATTACHMENTS
None
Page 97 of 142
CITY COUNCIL
REGULAR MEETING STAFF REPORT
AGENDA ITEM 7A
STAFF ORIGINATOR:Diane Hankee PE, City Engineer
MEETING DATE:June 23, 2025
TOPIC:Phelps Road Stockpile
i. Consider Resolution No. 25-89 Approving Interim
Use Permit
ii. Consider Resolution No. 25-90 Approving Site
Improvement Performance Agreement
VOTE REQUIRED:Simple Majority
___________________________________________________________________
INTRODUCTION
City Council is considering the Interim Use Permit for stockpiling material to prepare future
industrial sites on property located off Phelps Road (PID #24-31-22-42-0004).
BACKGROUND
Mark Smith resubmitted a Land Use Application for an interim use permit for earth moving
and stockpiling on a property located on Phelps Road (PID #24-31-22-42-0004). The City’s
Planning and Zoning Board and City Council approved this project back in 2022/2023. The
applicant did not move forward with the project at that time and is now seeking approval
again. There are no proposed changes to the project.
The applicant is requesting approval of an interim use permit to place approximately 71,000
cubic yards (CY) of suitable fill material on the site for use during future industrial
development. The stockpiles are proposed to be up to 15 feet higher than the existing grade
of the site. Three separate stockpiles are proposed.
The following staff report is based on the plan set prepared by Stantec dated December 15,
2022, and received by the City on December 15, 2022.
ANALYSIS
Section 1007.051 of the Zoning Ordinance effective January 5, 2023, establishes requirements
for earth moving and land reclamation. Earth removal, land reclamation, material storage, or
filling are permitted uses in all zoning districts. An interim use permit is required when 5,000
cubic yards or more of material is planned to be removed or deposited on any lot or parcel.
Page 98 of 142
The existing parcel is approximately 14.39 acres and is located on the west end of Phelps Road
at the intersection with the Otter Lake Service Road. The site is adjacent to I-35E. The
northwest stockpile is proposed to have 4:1 side slopes, have a height of 15-ft, have a
footprint of approximately 1.96 acres, and be approximately 30,000 CY in volume. The
northeast stockpile is proposed to have 4:1 side slopes, have a height of 14-ft, have a footprint
of approximately 1.11 acres, and be approximately 14,000 CY in volume. The southern
stockpile is proposed to have 4:1 side slopes, have a height of 14-ft, have a footprint of
approximately 1.74 acres, and be approximately 27,000 CY in volume.
Access
The site is located at the intersection of Phelps Road and the Otter Lake Service Road. The
applicant is currently proposing access to the site off of these roads.
Wetlands
Wetlands existing on the site and no going to be impacted by the placement of fill material.
An exhibit showing regulated wetlands and tributaries onsite was prepared by Kjolhaug
Environmental Services Company, Inc. However, the exhibit contains a note that says that the
wetland boundaries are approximate and do not constitute an official survey product.
Drainage Ditches
Judicial Ditch No. 3 (Clearwater Creek) is located along the south portion of the site. The
applicant is not proposing any significant changes to the existing drainage patterns to the
drainage ditches.
Clearwater Creek is within the Natural Resource Conservation Area on the south side of the
site. The applicant is not proposing any work in the Natural Resource Conservation Area.
Floodplain
FEMA records indicate Zone A floodplain on the site. The applicant is not proposing any
impacts to the floodplain on the site.
Grading and Drainage
Grading and erosion control plans were submitted and have been reviewed by the City
Engineer and Environmental Coordinator. Please see attached comments.
Comprehensive Plan and Zoning
The parcel is guided for industrial development and is currently zoned LI, Light Industrial.
Section 1007.051, Earth Moving and Land Reclamation states earth removal shall be
permitted in all zoning districts and establishes conditions that must be met.
Page 99 of 142
Tree Preservation Plan
A tree preservation plan is not required. There are no significant trees within the project area.
Surrounding Parcels
Direction Zoning Existing Land Use Future Land Use
North GB Vacant Commercial Commercial
South LI Commercial Industrial
East GI Industrial Industrial
West Otter Lake Service
Road & I-35E
Otter Lake Service
Road & I-35E
Otter Lake Service
Road & I-35E
Environmental Review
The Environmental Coordinator has reviewed the proposal and recommendations are
attached.
Site Performance Agreement
Site Performance Agreement shall be required. A grading permit and securities shall be
deposited by the applicant.
Planning and Zoning Board
The Planning & Zoning Board held a public hearing on June 11, 2025. No public comments
were made at the public hearing. The Board recommended approval with a 5-0 vote with
conditions as detailed in Resolution No. 25-89.
Findings of Fact
Resolution No. 25-89 details the Interim Use Permit Findings of Fact.
RECOMMENDATION
Staff and Planning & Zoning Board recommend approval of the Interim Use Permit for the
proposed earth moving operation on Phelps Road.
ATTACHMENTS
1. Stockpile Construction Plan
2. City Engineer Memo dated January 4, 2023
Page 100 of 142
3. Environmental Coordinator Memo dated January 4, 2023
4. Resolution No. 25-89
5. Site Improvement Performance Agreement
6. Resolution No. 25-90
Page 101 of 142
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7500 OLSON MEMORIAL HWY
SUITE 300
GOLDEN VALLEY, MN 55427
PHONE: 763-252-6800
FAX: 952-831-1268
WWW.STANTEC.COM
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I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
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DIRECT SUPERVISION AND THAT I AM A
DULY LICENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE
STATE OF MINNESOTA.
LICENSE NO.:59296
12/15/2022
JACK R. AMMERMAN
( IN FEET )
GRAPHIC SCALE
0
1 inch = 60 ft.
60 12060
1.SEE SHEET C-002 FOR ADDITIONAL PROJECT NOTES.
2.CONSTRUCTION SITE SHALL HAVE STABILIZED EXIT AT ALL
TIMES THROUGHOUT THE DURATION OF THE PROJECT.
CONTRACTOR IS ULTIMATELY RESPONSIBLE TO PROTECT
DOWNSTREAM WATERS FROM CONSTRUCTION RUNOFF.
3.CONSTRUCTION LIMITS AND SILT FENCE SHOWN OFFSET FROM
PROPERTY LINE FOR CLARITY, WHERE APPLICABLE.
4.UNTRENCHED SILT FENCE OR ORANGE SNOW FENCE MAY BE
USED FOR TREE PROTECTION.
5.CLEAR AND GRUB AS NEEDED WITHIN LIMITS OF DISTURBANCE
NOTES
1.SILT FENCE - SEE DETAIL 1/C-801
2.ROCK CONSTRUCTION ENTRANCE - SEE DETAIL 2/C-801
3.TEMPORARY STABILIZATION
KEYNOTES #
C-201
GRADING AND
POST-CONSTRUCTION
STABILIZATION PLAN
LOT LINE
EASEMENT LINE
SETBACK LINE
RIGHT OF WAY LINE
SECTION LINE
QUARTER LINE
EXISTING EASEMENT LINE
EXISTING PROPERTY LINE
PROPERTY BOUNDARY
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SILT FENCE
TEMPORARY STABILIZATION
EXISTING MINOR CONTOUR
EXISTING MAJOR CONTOUR
PROPOSED MINOR CONTOUR901
PROPOSED MAJOR CONTOUR900
Page 102 of 142
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Memorandum
To: Katie Larsen, Lino Lakes City Planner
From: Kelsey Gelhar PE, WSB
Diane Hankee PE, Lino Lakes City Engineer
Date: January 4, 2023
Re: Phelps Road Stockpile IUP
Plan Review
WSB Project Number – 021977-000
WSB has reviewed the final plans for the Phelps Road Stockpile project in Lino Lakes, MN,
prepared by Stantec, received on December 15, 2022. These comments are based on the
following documents:
•Stockpile Construction Plan prepared by Stantec, dated December 15, 2022, received
December 15, 2022.
•ALTA/NPS Land Title Survey prepared by Landform, dated December 17, 2021, received
December 15, 2022.
•Regulated Wetlands and Tributaries exhibit prepared by Kjolhaug Environmental
Services Company, received December 15, 2022.
Applicant to respond to these comments in writing on this word document. Any changes to the
plans that are not associated with these comments shall be identified by either a summary in the
response or in the plans with a revision cloud or note.
Engineering
•General
The Phelps Road Stockpile project proposes to stockpile soil on the parcel located at the
west end of Phelps Road. The applicant stated that the intent is to bring in sufficient fill to
prepare for future industrial development on the site. The site will be accessed from Phelps
Road and is adjacent to I-35E. The parcel being utilized for the three proposed stockpiles is
approximately 14.39 acres.
The proposed stockpiles will be approximately 4.81 acres in total area, will not exceed a
height of 15 feet, and be a total of approximately 71,000 cubic yards of fill soil based on the
plans.
Comments:
1. A geotechnical report and a traffic study will be required for any future
development of buildings, utilities, etc.
•Grading, Erosion Control & Stormwater Management
Page 103 of 142
Ms. Katie Larsen
01/04/2023
Page 2
Phelps Road Stockpile IUP Engineering Review
The Phelps Road Stockpile project will require site grading for the proposed fill soil
stockpiles. The northwest stockpile is proposed to have 4:1 side slopes, have a height of
15-ft, have a footprint of approximately 1.96 acres, and be approximately 30,000 CY in
volume. The northeast stockpile is proposed to have 4:1 side slopes, have a height of 14-
ft, a footprint of approximately 1.11 acres, and be approximately 14,000 CY in volume.
The southern stockpile is proposed to have 4:1 side slopes, have a height of 14-ft, a
footprint of approximately 1.74 acres, and be approximately 27,000 CY in volume. The
proposed project is within the Rice Creek Watershed District (RCWD). The applicant is
proposing to use silt fence to surround the stock pile areas and to protect wetlands and
floodplain on the site. No significant changes to existing drainage patterns are proposed.
Comments:
1. Applicant to update plans to address any comments provided by the City’s
Environmental Coordinator regarding erosion control.
2. Applicant to verify if existing topsoil onsite is being removed prior to stockpiling.
3. No work is allowed until a Rice Creek Watershed District permit has been
obtained.
•Water Supply
There is currently an existing 8-inch diameter ductile iron pipe (DIP) water main along
Phelps Road that terminates at the east edge of the site. The applicant is not proposing
any connections to the municipal water system with this plan.
Staff does not have any comments at this time.
•Sanitary Sewer
There is currently an existing polyvinyl chloride (PVC) sewer main along Phelps Road that
terminates at the east edge of the site. The applicant is not proposing any connections to
the municipal sanitary sewer system with this plan.
Comments:
1. Applicant to provide sanitation facilities on site for employees while stockpile
operations are underway.
•Transportation
The site is located at the intersection Phelps Road and the Otter Lake Service Road. Phelps
Road and the Otter Lake Service Road are local streets. Phelps Road is within a Public
Street and Utility Easement that is 60-ft in width. The Otter Lake Service Road is within the
MN DOT right-of-way in a road easement.
Phelps Road was constructed to city standards from Otter Lake Road to the eastern
property line of the site. Phelps Road is a 9-ton design, but during spring road restrictions, a
5-ton limit applies. The design of the Otter Lake Service Road is unknown and should be
restricted to 5-ton weight due to current conditions of the road.
Comments:
Page 104 of 142
Ms. Katie Larsen
01/04/2023
Page 3
Phelps Road Stockpile IUP Engineering Review
1. Applicant to submit a hauling plan with truck weights and associated volume of
material and the number of trips for the pile construction. This plan should meet
the road restrictions.
•Wetlands and Mitigation Plan
There are two existing wetlands on the site according to the Regulated Wetlands
and Tributaries exhibit prepared by Kjolhaug Environmental Services Company.
The applicant is not proposing any wetland impacts with this project.
Clearwater Creek is within the Natural Resource Conservation Area on the south
side of the site. The applicant is not proposing any work in the Natural Resource
Conservation Area.
Staff does not have any comments at this time.
•Landscaping
The applicant did not propose any landscaping at this time. If submitted, landscaping will be
reviewed in depth by the City’s Environmental Coordinator.
•Floodplain
There is a FEMA Zone A floodplain on the southern portion of the site near Clearwater
Creek. The applicant is not proposing any impacts to the floodplain on the site.
Staff does not have any comments at this time.
•Drainage and Utility Easements
The proposed work is located within the western most parcel on Phelps Road (PID 24-31-
22-42-0004). Phelps Road is within a Public Street and Utility Easement that is 60-ft in
width. The Otter Lake Service Road is within a road easement in the Minnesota Department
of Transportation right-of-way. There are drainage and utility easements and access
easements along the northern property line.
The applicant is not proposing any changes to the plat at this time.
•Site Performance Agreement
A Site Performance Agreement will be required.
•Grading Agreement
A Grading Agreement is not applicable at this time.
•Stormwater Maintenance Agreement
A Stormwater Maintenance Declaration is not applicable at this time.
•Permits Required
Page 105 of 142
Ms. Katie Larsen
01/04/2023
Page 4
Phelps Road Stockpile IUP Engineering Review
1. NPDES General Construction Permit
2. City of Lino Lakes Zoning Permit for Grading
3. Rice Creek Watershed District
If you or the applicant has any questions regarding these comments, please contact Kelsey
Gelhar at (612) 709-4897 or kgelhar@wsbeng.com. You may also contact Diane Hankee at
(651) 982-2430 or dhankee@linolakes.us.
Page 106 of 142
Page 1
To: Kelsey Gelhar
From: Andy Nelson
Date: 1/03/23
Re: Environmental Comments/January 4th, 2023/Phelps Road Stockpile
1. A seed mix for final stabilization must be specified and shown on sheet C-201,
Grading and Post-Construction Stabilization Plan.
2. The construction entrance proposed for Phelps road must be replaced with a construction entrance for each site, one north and one south of Phelps Road.
Environmental Memo
Page 107 of 142
1
CITY OF LINO LAKES
RESOLUTION NO. 25-89
RESOLUTION APPROVING INTERIM USE PERMIT FOR EARTH MOVING AND
STOCKPILING AT THE PHELPS ROAD STOCKPILE (PIDS #24-31-22-42-0004)
WHEREAS, the City received a land use application for an interim use permit for
earth moving and stockpiling on property on Phelps Road and hereafter referred to as
“Development”; and
WHEREAS, the properties is zoned LI, Light Industrial, and allow for earth
removal, land reclamation, material storage or filling with an interim use permit; and
WHEREAS, the legal descriptions of the subject properties are as follows:
The West 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 24, Township 31,
Range 22, Anoka County, Minnesota EXCEPT the following described tract:
Beginning at the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of said
Section 24; thence East along the South line thereof a distance of 660.97 feet, more or
less, to the East line of the West 1/2 of said quarter-quarter; thence North along said
East line a distance of 265.87 feet; thence West a distance of 661.32 feet, more or less,
to a point in the West line of said quarter-quarter; thence South along said West line a
distance of 263.38 feet to the point of beginning, according to the U.S. Government
Survey thereof.
WHEREAS, City staff has completed a review of the land use application based on
the plan set prepared by Stantec, dated December 15, 2022, and received by the City on
December 15, 2022.
WHEREAS, a public hearing was held before the Planning & Zoning Board on June
11, 2025, and the Board recommended approval of the interim use permit.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes
hereby makes the following findings:
FINDINGS OF FACT
1. The proposed development application has been found to be consistent with the
policies and recommendations of the Lino Lakes Comprehensive Plan including:
a. Land Use Plan.
Page 108 of 142
2
b. Transportation Plan.
c. Utility (Sewer and Water) Plans.
d. Local Water Management Plan.
e. Capital Improvement Plan.
f. Policy Plan.
g. Natural Environment Plan.
The proposed earth moving and stockpiling is consistent with the Comprehensive
Plan. The grading plan and earth moving operation have been reviewed by City staff
and was submitted to the Rice Creek Watershed District (RCWD) for review. The
excavation and filling will not have a negative impact on land use, transportation,
utilities or the environment.
2. The proposed development application is compatible with present and future land
uses of the area.
The proposed earth moving and stockpiling is compatible with present and future
land uses of the area. Present land use is vacant industrial and future land use is
industrial. Earth moving is allowed in all zoning districts with conditions.
3. The proposed development application conforms to performance standards herein
and other applicable City Codes.
The proposed earth moving and stockpiling conforms to the performance standards
of the City Code with conditions as established. The plans have been reviewed by
City staff and were submitted to the RCWD for review.
4. Traffic generated by a proposed development application is within the capabilities of
the City when:
a. If the existing level of service (LOS) outside of the proposed subdivision is A
or B, traffic generated by a proposed subdivision will not degrade the level of
service more than one grade.
b. If the existing LOS outside of the proposed subdivision is C, traffic generated
by a proposed subdivision will not degrade the level of service below C.
c. If the existing LOS outside of the proposed subdivision is D, traffic generated
by a proposed subdivision will not degrade the level of service below D.
Page 109 of 142
3
d. The existing LOS must be D or better for all streets and intersections
providing access to the subdivision. If the existing level of service is E or F,
the subdivision developer must provide, as part of the proposed project,
improvements needed to ensure a level of service D or better.
e. Existing roads and intersections providing access to the subdivision must
have the structural capacity to accommodate projected traffic from the
proposed subdivision or the developer will pay to correct any structural
deficiencies.
f. The traffic generated from a proposed subdivision shall not require City
street improvements that are inconsistent with the Lino Lakes Capital
Improvement Plan. However, the City may, at its discretion, consider
developer-financed improvements to correct any street deficiencies.
g. The LOS requirements in paragraphs a. to d. above do not apply to the I-
35W/Lake Drive or I-35E/Main St. interchanges. At City discretion,
interchange impacts must be evaluated in conjunction with Anoka County
and the Minnesota Dept. of Transportation, and a plan must be prepared to
determine improvements needed to resolve deficiencies. This plan must
determine traffic generated by the subdivision project, how this traffic
contributes to the total traffic, and the time frame of the improvements. The
plan also must examine financing options, including project contribution and
cost sharing among other jurisdictions and other properties that contribute
to traffic at the interchange.
h. The City does not relinquish any rights of local determination.
A traffic study was not completed due to the fact that the work only includes earth
moving and stockpiling for future site needs. Traffic generated by the earth moving
and stockpiling operations will not permanently change the traffic on Phelps Road or
the Otter Lake Service Road nor will it permanently impact the intersections with
Otter Lake Road at this time. A traffic study will be required when the site is
developed.
Phelps Road is a city street and was constructed to city standards from Otter Lake
Road to the eastern property line of the site. Phelps Road is a 9-ton design, but
during spring road restrictions, a 5-ton limit applies. The design of the Otter Lake
Service Road is unknown and should be restricted to 5-ton weight due to current
conditions of the road. Truck traffic will be limited to these weight restrictions. The
hauling, dumping and grading of excavated materials shall occur within the project
boundaries as shown on the plans.
Page 110 of 142
4
It is anticipated that the Otter Lake Service Road will need to be upgraded with
future development.
5. The proposed development shall be served with adequate and safe water supply.
The proposed earth moving and stockpiling does not require a water service as
proposed. Municipal water main is located along Phelps Road and can be extended
to the property should the applicant wish to connect in the future.
6. The proposed development shall be served with an adequate and safe sanitary
sewer system.
The proposed earth moving and stockpiling does not require service by sanitary
sewer. Municipal sanitary sewer is located along is located along Phelps Road and
can be extended to the property should the applicant wish to connect in the future.
7. The proposed development shall not result in the premature expenditures of City
funds on capital improvements necessary to accommodate the proposed
development.
The proposed earth moving/ black dirt stockpile will not expend City funds.
8. The proposed development will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons,
property, or the general welfare because of excessive production of traffic, noise,
smoke, fumes, glare, or odors.
The proposed earth moving and stockpiling operation does not involve any activity
handling or storing flammable or explosive materials.
9. The proposed development will not result in the destruction, loss, or damage of a
natural, scenic or historic feature of major importance.
The proposed earth moving and stockpiling operation should not result in the
destruction, loss or damage of natural, scenic or historic features as no known
natural, scenic or historic features exist in the area. The existing wetlands and
floodplain will not be affected by the activities as currently proposed.
BE IT FURTHER RESOLVED by The City Council of Lino Lakes in addition to the
administrative requirements of an interim use permit, the following standards of
Section 1007.050, are being met, as outlined in the staff report dated June 11, 2025,
prepared for review for the Planning and Zoning Board of Lino Lakes:
Page 111 of 142
5
BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby
approves the interim use permit for earth moving and stockpiling located on Phelps
Road (PID #24-31-22-42-0004) subject to the following conditions:
1. Fill stockpiles shall be limited to the areas identified in the plans prepared by
Stantec, dated December 15, 2022, and received by the City on December 15,
2022, and any revisions to the plans approved by the City.
2. Comments from the City Engineer letter dated January 4, 2023, shall be
addressed.
3. Comments from the City Environmental Coordinator letter dated January 4,
2023, shall be addressed.
4. The vehicles accessing or exiting the site shall not track sediment on Phelps Road
or Otter Lake Service Road. Any street tracking that does occur from vehicles
entering or leaving the site must be swept within one calendar day of discovery.
The sediment removal facilities on site, such as the gravel entrance, must be
maintained to prevent tracking.
5. Fill stockpiles shall be at least 50-ft from the road easement and property lines.
6. The total fill stockpiles shall not exceed 210,000 square feet in area.
7. The northwestern stockpile shall have a maximum top elevation of 925, the
northeastern stockpile shall have a maximum top elevation of 924, and the
southern fill stockpile shall have a maximum top elevation of 922.
8. Maximum side slope of fill stockpiles to be 4:1.
9. Equipment on site shall be limited to what is necessary for earth moving and
filling operations, including loading and hauling equipment, and equipment
needed for grading. Non-functioning equipment is not allowed to be stored on
site.
10. Vehicles entering and leaving the site shall adhere to the road weight restrictions
for each roadway.
11. No fill may be placed in the delineated wetlands, the Natural Resource
Conservation Area, or the FEMA floodplain on the site.
12. Owner will follow the applicable standards and requirements of the City of Lino
Lakes, Rice Creek Watershed District, Army Corp of Engineers, Minnesota
Pollution Control Agency, Minnesota Department of Natural Resources and any
other agency having jurisdiction over the property and shall secure and file with
the City, copies of any permits required by outside agencies. Owner will file with
the City within ten (10) days of receipt, copies of any permits and/or notice of
enforcement actions by these agencies.
13. Owner will permit a City Inspector to view the premises during normal business
hours.
14. The Interim Use Permit shall only be valid for 5 years once approved by City
Council. All grading, stockpiling, and final turf establishment must be
substantially completed within 18 months. The permit may be extended by the
City Council following a written request by the applicant submitted at least three
months prior to expiration, and review at a public hearing.
Page 112 of 142
6
15. A Site Performance Agreement shall be executed and recorded.
16. The City will maintain a $5,000 escrow provided by the owner that shall be
reestablished annually by January 15th. This escrow will be for inspection,
erosion control, and other City costs associated with the earth moving and filling.
If the above escrow amount is insufficient, the owner 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.
These conditions are to be addressed prior to issuance of a grading permit.
Adopted by the Council of the City of Lino Lakes this 23rd day of June, 2025.
______________________________
Rob Rafferty, Mayor
ATTEST:
________________________
Roberta Colotti, City Clerk
Page 113 of 142
Phelps Road Stockpile Site Performance Agreement page 1 of 10
CITY OF LINO LAKES, MINNESOTA
SITE IMPROVEMENT PERFORMANCE AGREEMENT
THIS AGREEMENT made this _______ day of _______________, 2025, is by and
between the City of Lino Lakes, a municipal corporation organized under the laws of the
State of Minnesota, and Mark Smith (2120 Otter Lake Drive, White Bear Lake, MN
55110) (“Developer”).
WHEREAS, the Developer has received approval of an Interim Use Permit by
Resolution 25-89 and approval of the Site Development Plans, hereinafter called the
"Plans", by the City of Lino Lakes on the 23rd day of June, 2025, and in accordance with
the Plans all of which are made a part hereof by reference. In consideration of such
approval, the Developer, its successors and assigns, does covenant and agree to perform
the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth
upon the real estate (hereinafter referred to as "Property") described as follows:
The West 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 24, Township 31,
Range 22, Anoka County, Minnesota, EXCEPT the following described tract:
Beginning at the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of said
Section 24; thence East along the South line thereof a distance of 660.97 feet, more or
less, to the East line of the West 1/2 of said quarter-quarter; thence North along said
East line a distance of 265.87 feet; thence West a distance of 661.32 feet, more or less,
to a point in the West line of said quarter-quarter; thence South along said West line a
distance of 263.38 feet to the point of beginning, according to the U.S. Government
Survey thereof.
NOW, THEREFORE, in consideration of the mutual promises of the parties made
herein,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO:
I. DESIGNATION OF IMPROVEMENTS.
A. Improvements on the project site to be installed at the Developer’s
expense by the Developer as hereinafter provided are hereinafter
referred to as “On-site Work”.
B. Improvements off the project site to be installed at the Developer’s
expense, if any, by the Developer as hereinafter provided are hereinafter
referred to as “Off-Site Work”.
Page 114 of 142
Phelps Road Stockpile Site Performance Agreement page 2 of 10
II. ON-SITE WORK.
A. On-Site Work. The On-Site Work shall consist of the improvements
described in the approved Plans, to include any approved subsequent
amendments, and shall be in compliance with all applicable statutes,
codes and ordinances of the City. The On-Site Work includes but is not
limited to the erosion control, material hauling, grading and compacting
material, and site restoration.
Such improvements shall be completed in accordance with Section IV
herein.
B. Cost Estimates. The Developer shall provide the City with a written
estimate of all applicable costs of the On-Site Work, itemized by type; the
estimates shall be based upon the actual estimates provided by the
contractors who are to do the Work. Said cost estimates shall be
reviewed by the City, and the City shall establish the actual amount of the
financial guarantee. The description and estimated cost of Developer's
On-Site Work are as follows:
Description of Improvements Estimated Costs
1.Lighting $ 0.00
2.Fences / Screen Structures $ 0.00
3.Trash Disposal Structures $ 0.00
4.Curbing / Islands / Delineators $ 0.00
5.Storm Drainage Systems / Sewers / Catch Basins /
Culverts / Swales $ 0.00
6.Public Trails and / or Sidewalk $ 0.00
7.Private Trails and / or Sidewalk $ 0.00
8.Driveway / Curb cut / Parking Lot / Fire Lane $ 0.00
9.Water mains / Hydrants / Sanitary Sewers $ 0.00
10.Landscaping $ 0.00
11.Site Grading $ 10,000.00
12.Erosion Control $ 9,500.00
Total Estimated Cost of Developer Improvements $ 19,500.00
Security Requirement (Total * 35%)$ 6,825.00
Page 115 of 142
Phelps Road Stockpile Site Performance Agreement page 3 of 10
III. DEVELOPER FEES. Not Applicable.
Acres/
Units Fee
1.Sanitary Sewer Trunk Unit Fee ($1,801/unit; 2.92 units/Acre)$0
2.City Sewer Availability Fee ($1,686/SAC Unit)$0
3.Water Trunk Unit Fee ($2,588/unit; 2.92 units/Acre)$0
4.City Water Availability Fee ($1,628/SAC Unit)$0
5.City Surface Water Management Fee ($/Acre)$0
Total Estimated (Budget) Developer Fees $0
IV. RECORD DRAWINGS.
A. Upon project completion, Developer shall submit record drawings, in
electronic format verifying the location of the stockpiles. The as-built
survey must include, but is not limited to, proposed and final contours
with adequate elevation shots to show conformance, property irons (to
be exposed in field), and the 100-Year High Water Level (HWL) of all
ponds, lakes, and wetland areas. 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. No securities will be fully released until all record drawings have been
submitted and accepted by the City Engineer.
V. COMPLETION DATE.
If the activities authorized by site plan approval are not initiated within
twelve (12) months from the final execution of this agreement, then
Developer will need to start the site plan approval process from the
beginning. The Developer shall substantially complete all On Site Work as
described in Section II A within 18 months of approval of the Interim Use
Permit and the Site Performance Agreement.
The Developer may request a reasonable extension of time from the City
and will have to apply for renewal of the Interim Use Permit. Renewal must
be approved by the City Council. 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.
Page 116 of 142
Phelps Road Stockpile Site Performance Agreement page 4 of 10
VI. GUARANTEE.
A. The Developer will fully and faithfully comply with all terms and
conditions of any and all contracts entered into by the Developer.
Concurrently with the execution hereof by the Developer, the Developer
will furnish to, and at all times thereafter maintain with the City, a cash
deposit, certified check, or Irrevocable Letter of Credit, based on thirty-
five (35%) percent of the total estimated cost of Developer's On-site
Work. An Irrevocable Letter of Credit shall be for the exclusive use and
benefit of the City of Lino Lakes and shall state thereon that the same is
issued to guarantee and assure performance by the Developer of all the
terms and conditions of this Development Contract, construction of all
required improvements in accordance with the ordinances and
specifications of the City and guarantees the workmanship and materials
for the landscape improvements for a period of one year following the
City’s acceptance of the landscape improvements. The City reserves the
right to draw, in whole or in part, on any portion of the Irrevocable Letter
of Credit for the purpose of guaranteeing the terms and conditions of this
contract, if Developer has been found to be in default of this agreement
and only after providing Developer with written notice and opportunity
to cure any default. The Irrevocable Letter of Credit shall be
automatically extended for additional periods of one year from present
or future expiration dates unless sixty (60) days prior to such the City
Clerk or Administrator is notified in writing by certified mail or overnight
mail that the Letter of Credit will not be renewed.
B. Upon written request, The City will grant a 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. The
Developer may make such requests three times throughout the life of
this agreement, with the third and/or final request being at the
completion of the project. The City will respond to such request within
30 days time. Prior to the final acceptance of the Developer’s
Improvements the City shall require a Letter of Credit or Cash Escrow to
cover the warranty provisions of the agreement. The amount shall be
agreed to by the City Engineer and Developer and Developer may use the
Letter of Credit discussed in Section VI.A above.
VII. REIMBURSEMENT OF COSTS.
A. The Developer agrees to establish a non-interest bearing escrow account
with the City in an amount established by the City Engineer or his
designee for the payment of all City fees and costs incurred by the City
related to the On-site Work, including, but not limited to, the following:
Page 117 of 142
Phelps Road Stockpile Site Performance Agreement page 5 of 10
1.Site Plan Review Fee $1,500.00
2.Administration
(Legal, Engineering, Planning and Contract Administration)$7,500.00
3.Negative Short Term Escrow Balance $0.00
Total Estimated (Budget) Costs for Escrow Account $9,000.00
B. If it appears that the actual costs incurred will exceed the estimate or
that the actual costs incurred will be less than the estimate, then
Developer and City shall review the costs required to complete the
project. In such case, if the actual costs exceed the estimate, then
Developer shall promptly pay the additional sums to the City to pay for
the agreed upon increase. However, in such case where the actual costs
are less than the estimate, the City shall promptly reimburse to
Developer any amounts overpaid by the Developer. The Developer may
request a statement of the account each month for review.
C. Per the Interim Use Permit approved by Resolution 25-89, the City will
maintain a $5,000 non-interest bearing escrow account provided by the
owner that shall be reestablished annually by January 15th. This escrow
will be for inspection, erosion control, and other City costs associated
with the stockpile.
If the above escrow amount is insufficient, the owner 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.
D. Intentionally Deleted.
VIII. REMEDIES FOR BREACH.
A. The City shall give prior written notice to the Developer of any default
hereunder before proceeding to enforce such financial guarantee or
before the City undertakes any work for which the City will be
reimbursed through the financial guarantee. If within twenty (20) days
after receipt of such written notice to it, the Developer has not notified
the City by stating in writing the manner in which the default will be
cured and the time within which such default will be cured, the City will
proceed with the remedy it deems reasonably appropriate.
B. At any time after the completion date and any extensions thereof, if any
of the work is deemed incomplete, the City may proceed in any one or
Page 118 of 142
Phelps Road Stockpile Site Performance Agreement page 6 of 10
more of the following ways to enforce the undertakings herein set forth,
and to collect any and all expenses reasonably incurred by the City in
connection therewith, including, but not limited to, engineering, legal,
planning and litigation costs and expense. The enumeration of the
remedies hereunder shall be in addition to any other remedies available
to the City.
1. Specific Performance. The City may in writing direct the surety or
the Developer to cause the Work to be undertaken and
completed within a specified reasonable time. If the Developer
fails to cause the Work to be done and completed in a manner
and time reasonably acceptable to the City, the City may proceed
to bring an action for specific performance to require work to be
undertaken.
2. Completion by the City. The City, after written notice, may enter
the premises and proceed to have the Work done either by
contract, by day labor or by regular City forces. The Developer
may not question the manner of doing such work or the letting of
any such contracts for the doing of any such work; provided that
all such work is performed in a reasonable manner, the costs are
reasonable and the work is completed in a good and workman-
like manner and in accordance with the approved plans and
specifications. Upon completion of such work, the Developer
shall promptly pay the City the full cost thereof as aforesaid.
3. Deposit of Financial Guarantee. In the event the financial
guarantee has been submitted in the form of a Letter of Credit,
the City may draw on the Letter of Credit the sum equal to the
reasonably estimated cost of completing the Work, plus the City's
reasonably estimated expenses as defined herein, including any
other reasonable costs, expenses, and damages for which the
surety may be liable hereunder, but not exceeding the amount set
forth on the Letter of Credit. The money shall be deemed to be
held by the City for the purpose of reimbursing the City for any
reasonable costs incurred in completing the Work as hereinafter
specified. Any funds remaining after completion of the project
shall be promptly returned to the Developer.
IX. OCCUPATION OF PREMISES. Not Applicable.
Page 119 of 142
Phelps Road Stockpile Site Performance Agreement page 7 of 10
X. 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.
XI. REIMBURSEMENT FOR LITIGATION EXPENSES.
The City and Developer agree that the prevailing party in any litigation pertaining
to the enforcement of this Agreement shall be entitled to reimbursement from
the non-prevailing party for all reasonable costs incurred by said prevailing party
including court costs and reasonable engineering and attorneys' fees.
XII. 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 Site Improvement Performance Agreement.
XIII. 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 Property and shall be deemed covenants running
with the land.
B. Notices. Whenever in this Agreement it shall be required or permitted
that notice or demand be given or served by either party to this
Page 120 of 142
Phelps Road Stockpile Site Performance Agreement page 8 of 10
Agreement to or on the other party, such notice or demand shall be
delivered personally or (i) mailed by United States mail by certified mail
(return receipt requested) or (ii) sent by nationally recognized overnight
carrier to the addresses hereinbefore set forth on Page 1. Such notice or
demand shall be deemed timely given when delivered personally or when
deposited in the mail or the overnight carrier in accordance with the
above. The addresses of the parties hereto are as set forth on Page 1
until changed by notices given as above.
C. Incorporation by Reference. All plans, special provisions, proposals,
specifications and contracts for the improvements furnished and let
pursuant to this Agreement shall be and hereby are made a part of this
Agreement by reference as fully as if set out herein in full.
E. Hours of Construction Activity. Construction activity shall be limited to the
hours set out 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
XIV. VIOLATIONS/BUILDING PERMITS.
In the event that Developer violates any of the covenants and agreements
contained in this Site Improvement Performance Agreement and to be
performed by the Developer, the City, at its option, and after providing written
notice and opportunity to cure to Developer in addition to the rights and
remedies as set out hereunder may refuse to issue building permits to any
property within the development and/or stop building construction within the
development until such time as such default has been corrected to the
satisfaction of the City.
Page 121 of 142
Phelps Road Stockpile Site Performance Agreement page 9 of 10
CITY OF LINO LAKES
By _________________________
Mayor
ATTEST:
By_________________________
City Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
This instrument was acknowledged before me on ________ day of
____________, 2025, by Rob Rafferty 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
____________, 2025 by Roberta Colotti as City Clerk of the City of Lino Lakes on behalf
of said City.
_______________________________
Notary Public
Page 122 of 142
Phelps Road Stockpile Site Performance Agreement page 10 of 10
DEVELOPER
By _________________________
Mark Smith, Property Owner
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this _______ day of _______________, 2025, before me, a Notary Public
within and for said County, personally appeared, _______________________________,
who executed the foregoing instrument.
______________________________
Notary Public
This instrument was drafted by:
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, Minnesota 55014
Page 123 of 142
1
CITY OF LINO LAKES
RESOLUTION NO. 25-90
RESOLUTION APPROVING SITE IMPROVEMENT PERFORMANCE
AGREEMENT PHELPS ROAD STOCKPILE (PID #24-31-22-42-0004)
WHEREAS, the City has completed review of the site plans for Phelps Road
Stockpile (PID #24-31-22-42-0004); and
WHEREAS, the legal descriptions of the subject properties are as follows:
The West 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 24, Township 31,
Range 22, Anoka County, Minnesota, EXCEPT the following described tract:
Beginning at the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of said
Section 24; thence East along the South line thereof a distance of 660.97 feet, more or
less, to the East line of the West 1/2 of said quarter-quarter; thence North along said
East line a distance of 265.87 feet; thence West a distance of 661.32 feet, more or less,
to a point in the West line of said quarter-quarter; thence South along said West line a
distance of 263.38 feet to the point of beginning, according to the U.S. Government
Survey thereof.
WHEREAS, Section 1007.020(6) of the Lino Lakes Zoning Ordinance requires the
execution of a site performance agreement.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes
that the Site Improvement Performance Agreement between the City of Lino Lakes and
Mark Smith is hereby approved and the Mayor and City Clerk are authorized to execute
such agreements on behalf of the City.
Adopted by the Council of the City of Lino Lakes this 23rd day of June, 2025.
______________________________
Rob Rafferty, Mayor
ATTEST:
________________________
Roberta Colotti, City Clerk
Page 124 of 142
1
CITY COUNCIL
REGULAR MEETING STAFF REPORT
AGENDA ITEM 7B
STAFF ORIGINATOR:Diane Hankee, City Engineer
MEETING DATE:June 23, 2025
TOPIC:Vacating Drainage and Utility Easement on Outlot A, Alino
Addition, Diane Hankee
i. Consider 2nd Reading of Ordinance No. 11-25
ii. Consider Resolution No. 25-88, Approving Summary
Publication of Ordinance No. 11-25
VOTE REQUIRED:Super Majority
_____________________________________________________________________________
INTRODUCTION
City Council is consideration the 2nd Reading of Ordinance No. 11-25 vacating drainage and
utility easement on Outlot A, Alino Addition.
BACKGROUND
The Clearwater Commons preliminary plat and commercial development is located on a 2.28-
acre site north of CSAH 14 (Main Street), east 21st Avenue North and west I-35E. The existing
site consists of Outlot A. The developer, Capital Real Estate, Inc, is proposing to preliminary
plat three (3) commercial lots on a part of Outlot A. As a result of the newly proposed plat,
there is an existing easement that is proposed to be modified to accommodate the new
development. The new plat will grant permanent easements to serve the development.
The existing easement, Document #2084186.005, is an easement for drainage and utility
purposes, and a portion of the easement shall be vacated contingent upon filing of the
Clearwater Commons final plat.
The City held a public hearing on June 9, 2025 for the drainage and utility easement vacate
where there were no comments received.
RECOMMENDATION
Staff is recommending approval of the 2nd Reading of Ordinance No. 11-25 Vacating drainage
and utility easement on Outlot A, Alino Addition and Resolution 25-88 Approving Summary
Publication of Ordinance 11-25.
Page 125 of 142
2
ATTACHMENTS
1. Ordinance No. 11-25
2. Drainage and Utility Easement Vacation Description Sketch
3. Resolution 25-88
Page 126 of 142
1st Reading: June 9, 2025 Website Notice:
2nd Reading:Publication:
Adoption:Effective:
CITY OF LINO LAKES
ORDINANCE NO. 11-25
VACATING DRAINAGE AND UTILITY EASEMENT
OUTLOT A, ALINO ADDITION, ANOKA COUNTY, MINNESOTA
The City Council of Lino Lakes ordains:
Section 1: Findings of Fact
1. The City Council of Lino Lakes has determined to vacate the drainage and utility
easement (“Easement”) as shown in Attachment A and legally described as follows:
That portion of OUTLOT A, ALINO ADDITION, Anoka County, Minnesota to be vacated
describes as follows:
The north 20.00 feet of the south 79.00 feet of the west 161.00 feet and the east 10.00
feet of the west 171.00 feet of the north 64.00 feet of the south 79.00 feet of said
OUTLOT A, ALINO ADDITION.
2. A public hearing was held on June 9, 2025 before the City Council in the City Hall Council
Chambers after due published and posted notice had been given and reasonable
attempts were made to give personal notice to all affected property owners, and all
persons interested were given an opportunity to be heard; and
3. It appears to be in the best interest of the City to vacate such Easement; and
4. This ordinance shall be recorded with Anoka County; and
5. Four-fifths of all members of the City Council concur with this ordinance.
Section 2: Drainage and Utility Easement Vacated
The Easement legally described herein is hereby vacated upon recording of Clearwater
Commons final plat with Anoka County.
Section 4: Effect
This ordinance shall be in force and effect from and after its passage and publication according
to the Lino Lakes City Charter and upon filing of the ordinance.
Page 127 of 142
Adopted by the Lino Lakes City Council this ____ day of ________________, 2025.
BY: ____________________________
Rob Rafferty, Mayor
ATTEST:
___________________________
Roberta Colotti, CMC, City Clerk
Page 128 of 142
Page 129 of 142
OUTLOT A
Lot 1 Lot 2 Lot 3Block 1
Lot 1
Lot 2
Block
1
Page 130 of 142
CITY OF LINO LAKES
RESOLUTION NO. 25-88
APPROVING A SUMMARY OF ORDINANCE NO. 11-25 FOR PUBLICATION
WHEREAS, the City Council approved Ordinance No. 11-25, vacating drainage and utility
easement on Outlot A, Alino Addition; and
WHEREAS, the City Council approved the first reading on June 9, 2025, and the second
reading and final passage on June 23, 2025; and
WHEREAS, Ordinance No. 11-25 is lengthy and MN statute 412.191 allows the city to
publish a summary of an ordinance, and
WHEREAS, the City Council has determined that the summary clearly informs the public
of the intent and effect of the ordinance, and
WHEREAS, the publication in the official newspaper will include a notice that a full
printed copy of the ordinance is available at City Hall.
NOW, THEREFORE, BE IT FURTHER RESOLVED by The City Council of The City of Lino
Lakes, Minnesota that the City Council approves the summary in Attachment A for publication
according to state law and the City Charter.
Adopted by the City Council of the City of Lino Lakes this 23rd day of June, 2025.
___________________________
Rob Rafferty, Mayor
ATTEST:
___________________________
Roberta Colotti, City Clerk
Page 131 of 142
ATTACHMENT A
CITY OF LINO LAKES
SUMMARY OF ORDINANCE NO. 11-25
AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT
Section 1: Findings
The City Council of Lino Lakes has determined to vacate a drainage and utility easement on
Outlot A, Alino Addition; and
A public hearing was held on June 9, 2025 before the City Council in the City Hall Council
Chambers after due published and posted notice had been given and a reasonable attempts
were made to give personal notice to all affected property owners, and all persons interested
were given an opportunity to be heard; and
Section 3: Effect
This ordinance shall be in force and effect from and after its passage and publication according
to the Lino Lakes City Charter and upon recording of the Drainage and Utility Easement
Vacation.
Passed by the Lino Lakes City Council on June 23, 2025.
This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at
City Hall.
Page 132 of 142
1
CITY COUNCIL
REGULAR MEETING STAFF REPORT
AGENDA ITEM 7C
STAFF ORIGINATOR:Diane Hankee, City Engineer
MEETING DATE: June 23, 2025
TOPIC:Consider Resolution No. 25-87, Authorize the Preparation of Plans
and Specifications, 2026 Birch Street Sewer Crossing Project
VOTE REQUIRED:Simple Majority
______________________________________________________________________________
INTRODUCTION
Staff is requesting Council authorization to prepare plans and specifications for the 2026 Birch
Street Sewer Crossing Project.
BACKGROUND
The 2026 Birch Street Sewer Crossing Project includes boring or jacking a 24-inch diameter
casing pipe and installing a 12-inch diameter sanitary sewer pipe from the north side to south
side of Birch Street, approximately 200 feet west of the intersection of Birch Street and West
Shadow Lake Drive.
The project is to increase capacity in the City’s trunk sanitary sewer system. This increase will
also accommodate the new Water Treatment Plant flushing effluent.
WSB LLC. has submitted a proposal to complete the topographic survey, plans and
specifications, and provide bid documents for the 2026 Birch Street Sewer Crossing Project for a
total not to exceed the amount of $44,000.00.
The estimated total project cost is $495,000.00. Funding for the project is expected to be from
the Area & Unit Trunk Fund.
The project is proposed to be completed by June 30, 2026.
RECOMMENDATION
Staff is recommending approval of Resolution No. 25-87, Authorizing the Preparation of Plans
and Specifications, 2026 Birch Street Sewer Crossing Project.
Page 133 of 142
2
ATTACHMENTS
1. Resolution No. 25-87
2. WSB Engineering Proposal
3. Project Location Map
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CITY OF LINO LAKES
RESOLUTION NO. 25-87
AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE 2026 BIRCH STREET SEWER CROSSING PROJECT
WHEREAS, the City Council finds that it would be in the best interest of the City to
proceed with the preparation of plans and specifications for the 2026 Birch Street Sewer Crossing
Project; and
WHEREAS, WSB, the City Engineer, has submitted a proposal to prepare plans and
specifications for said improvements.
NOW, THEREFORE BE IT RESOLVED by the City Council of Lino Lakes, Minnesota:
1. Authorizes the Preparation of the Plans and Specifications for the 2026 Birch Street
Sewer Crossing Project.
2. WSB is designated as the engineer for this improvement and directed to prepare
plans and specifications for the 2026 Birch Street Sewer Crossing Project for an
amount not to exceed $44,000.00.
Adopted by the Council of the City of Lino Lakes this 23rd day of June, 2025.
_______________________________
Rob Rafferty, Mayor
ATTEST:
________________________
Roberta Colotti, City Clerk
Page 135 of 142
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June 18, 2025
City of Lino Lakes
Mr. Michael Grochala
600 Town Center Parkway
Lino Lakes, MN 55014
Re: Proposal to Complete 2026 Birch Street Sewer Crossing Project
Construction Plans and Specifications
Dear Mr. Grochala:
WSB LLC. is providing this proposal for the design and bidding services for the 2026
Birch Street Sewer Crossing Project. This project includes boring or jacking a 24” casing
pipe and installing a 15” sanitary sewer pipe from the north side to south side of Birch
Street, approximately 200 feet west of the intersection of Birch Street and West Shadow
Lake Drive.
Based on the project scope, WSB would perform the following tasks:
I. Prepare Final Project Plans
Final construction plans will be prepared indicating the project locations
and plan view sheets for the watermain. Surveyed topographic
information will be used to prepare the construction plans. Base drawing
information will include GSOC design locates, curb inspection, city parcel
map information and record plans.
II. Final Quantities
An Engineer’s Opinion of Probable Cost will be completed with the final
construction plans.
III. Prepare Permits, Specifications and Bidding Documents
WSB will assist the City in preparing permit application(s) and/or approval
requests and will assist the City with submitting the applications/approval
requests to the appropriate regulatory agencies.
WSB will develop the final project plans and specifications based on the
agency review comments. This task will include an internal
constructability review of the final plans, quantities, and specifications.
Upon completion of permitting, and agency review and approval, a final
set of construction documents will be prepared for electronic bidding.
WSB will assemble and submit the final contract documents, either paper
or electronic copies, to the City and request authorization to advertise the
project for bidding. WSB will receive and respond to bidder inquiries
concerning the plans, specifications, and intent of the project. Logs of all
Page 136 of 142
inquiries will be kept and maintained to document inquiries. WSB will
perform the project bid opening on behalf of the City.
The engineering fee to complete the design of the 2026 Birch Street Sewer
Crossing Project is $44,000.00 (not to exceed). This letter represents our
understanding of the 2026 Birch Street Sewer Crosing Project and the proposed scope
of services. If you are in agreement with the scope of services and proposed fee, please
sign in the appropriate space below and return one copy to us.
WSB LLC will provide a separate proposal to the City for construction services once the
plans are completed and the project is quoted.
If you have any questions about this proposal, please feel free to call me at 612-360-
1278.
Sincerely,
WSB LLC.
Mark Erichson
Mark Erichson Brian Bourassa
Director Client Representative
ACCEPTANCE:
The City of Lino Lakes hereby accepts the WSB proposal of $44,000.00 for services
outlined in this letter.
City of Lino Lakes
Name
Title
Date
Page 137 of 142
June 10, 2025
Map Powered By Datafi
±
1 in = 162 Ft
2026 Birch Street Sewer Crossing
Sewer Manholes
Service Connection
Sewer Gravity Mains
Address Labels
Parcels
Page 138 of 142
CITY COUNCIL
REGULAR MEETING STAFF REPORT
AGENDA ITEM 7D
STAFF ORIGINATOR:Diane Hankee, PE, City Engineer
MEETING DATE:June 23, 2025
TOPIC:Consider Resolution No. 25-86, Approving Payment No. 3 (Final),
Red Hawk Trail Storm Sewer Improvement Project
VOTE REQUIRED:Simple Majority
______________________________________________________________________________
INTRODUCTION
Staff is requesting council consideration to finalize the Red Hawk Trail Storm Sewer
Improvement Project located on Red Hawk Trail.
BACKGROUND
On December 9, 2024, the City Council passed resolution 24-171, awarding the contract for
the Red Hawk Trail Storm Sewer Improvement Project to C.W. Houle, Inc. in the amount of
$23,998.00. The project included removing a large tree growing in a storm sewer pipe outlet
and altering the pipe outlet to allow for maintenance. Construction of the project began in
March of 2025. The total cost of the project was $20,818.00.
The project is now complete and is recommended for final payment. The project is to be
funded through the Surface Water Utility fund.
RECOMMENDATION
Approve Resolution No. 25-86, Approving Payment No. 3 (Final), Red Hawk Trail Storm Sewer
Improvement Project in the amount of $1,040.90 to C.W. Houle, Inc.
ATTACHMENTS
1. Resolution 25-86
2. Payment Request No. 3 (Final) – Red Hawk Trail Storm Sewer Improvement Project
Page 139 of 142
CITY OF LINO LAKES
RESOLUTION NO. 25-86
APPROVING PAYMENT NO. 3 (FINAL) FOR THE
RED HAWK STORM SEWER IMPROVEMENT PROJECT
WHEREAS, on December 9, 2024, the City Council passed resolution 24-171, awarding the
contract for the Red Hawk Trail Storm Sewer Improvement Project to C.W. Houle. Inc. in the
amount of $23,998.00; and
WHEREAS, a complete summary of costs are detailed in Payment No. 3 (Final) where the final
amount of the Red Hawk Trail Storm Sewer Improvement Project was $20,818.00;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes that Payment Request No.
3 (Final) is approved for a final payment amount of $1,040.90 for the Red Hawk Trail Storm
Sewer Improvement Project to C.W. Houle, Inc.
Adopted by the Council of the City of Lino Lakes this 23rd day of June, 2025.
_______________________________
Rob Rafferty, Mayor
ATTEST:
________________________
Roberta Colotti, City Clerk
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