HomeMy WebLinkAbout10/22/2012 Council PacketEXPANDED AGENDA
CITY COUNCIL AGENDA
Monday, October 22, 2012
* *** *** * ***
6:30 p.m.
(Scheduled to be broadcast on Channel 16)
City Council: Mayor Reinert, Council Members O'Donnell, Roeser, Rafferty & Stoesz
City Administrator: Jeff Karlson
COUNCIL WORK SESSION, 5:30 P.M.
Community Room (not televised)
1. TKDA Supplemental Authorization — Signal Improvements
2. Review Regular Agenda
CITY COUNCIL MEETING, 6:30 P.M.
➢ Call to Order — 6:30 p.m.
➢ Roll Call - Council Members Stoesz, O'Donnell, Roeser & Rafferty, and Mayor
Reinert were present
➢ Pledge of Allegiance
➢ Open Mike / Public Comment none
➢ Setting the Agenda: Addition or deletion of agenda items
The agenda was approved as presented
SPECIAL PRESENTATION
Charter Amendment Update
1. CONSENT AGENDA
A) Consideration of Expenditures:
i) October 22, 2012 (Check No. 94429 through 94501) in the amount of
$197,312.40;
ii) Centennial Fire District (Check No. 5539 through 5550) in the amount of
$3,579.37, & Check No. 2012009 and 5524 in the amount of $2,042.73
B) Consider approval of October 1, 2012 Council Work Session Minutes
C) Consider approval of October 8, 2012 City Council Meeting Minutes
D) Consider approval of Application for Exempt Permit from Lawful
Gambling License for St. Joseph Catholic Church (two events)
E) Consider Resolution No. 12 -102, Authorizing Certification of Delinquent
Weed and Nusiance Abatement Charges for collection with the 2012 property
taxes payable in 2013
Council Agenda
-2- October 22, 2012
EXPANDED AGENDA
F) Consider Resolution No. 12 -107, Authorizing Certification of Delinquent
Water & Sewer Utility Charges for collection with the 2013 property taxes
G) Consider approval of October 15, 2012 Special Work Session Minutes
Action Taken: Motion by Roeser, seconded by Rafferty, to approve
the Consent Agenda, Items lA through 1G, as presented, was adopted
2. FINANCE DEPARTMENT
A) Consider Resolution No. 12 -105 Awarding the Sale of General Obligation
Bonds, Series 2012A
Action Taken: Motion by Roeser, seconded by O'Donnell, to
approve Resolution No. 12 -105 as presented, was adopted
B) Consider Resolution No. 12 -106 Approving Post - Issuance Compliance
Procedure and Policy For Tax - Exempt Governmental Bonds
Action Taken: Motion by O'Donnell, seconded by Roeser, to
approve Resolution No. 12 -106 as presented, was adopted
3. ADMINISTRATION DEPARTMENT
No report
4. PUBLIC SAFETY DEPARTMENT
No report
5. PUBLIC SERVICES DEPARTMENT
No report
6. COMMUNITY DEVELOPMENT DEPARTMENT
A) Consider Resolution 12 -108, Approving Twin City Gateway Budget for
2013, Mary Alice Divine
Action Taken: Motion by Roeser, seconded by Rafferty, to
approve Resolution No. 12 -108 as presented, was adopted
B) Consider Resolution No. 12 -59, Establishing Cartway, Michael Grochala
Action Taken: Motion by Rafferty, seconded by Stoesz, to approve
Resolution No. 12 -59 as amended was adopted; Council Member
O'Donnell voted no
C) Consider Resolution No. 12 -104, Adopting Assessments, 2012 Individual
Property Public Utility Connections, Jason Wedel
Action Taken: Motion by O'Donnell, seconded by Roeser, to approve
Resolution No. 12 -104 as presented, was adopted
Council Agenda
-3- October 22, 2012
EXPANDED AGENDA
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Motion by Rafferty, seconded by O'Donnell, to adjourn at 8:30 p.m.
Community Calendar — A Look Ahead
October 23, 2012 through November 13, 2012
4- Wednesday, October 24 6:30 pm, Council Chambers Environmental Board
4- Thursday, November 1 8:00 am, Community Room EDAC
4- Monday, November 5 5:30 pm, Community Room Council Work Session
4- Monday, November 5 6:30 pm, Council Chambers Park Board
4- Thursday, November 8 6:30 pm, Police Training Room Charter Commission
4- Tuesday, November 13 6:30 pm, Council Chambers City Council Meeting
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CITY COUNCIL AGENDA
Monday, October 22, 2012
* * * * * * * * * **
6:30 p.m.
(Scheduled to be broadcast on Channel 16)
City Council: Mayor Reinert, Council Members O'Donnell, Roeser, Rafferty & Stoesz
City Administrator: Jeff Karlson
COUNCIL WORK SESSION, 5:30 P.M.
Community Room (not televised)
1. TKDA Supplemental Authorization — Signal Improvements
2. Review Regular Agenda
CITY COUNCIL MEETING, 6:30 P.M.
➢ Call to Order and Roll Call
➢ Pledge of Allegiance
➢ Open Mike / Public Comment
➢ Setting the Agenda: Addition or deletion of agenda items
SPECIAL PRESENTATION
Charter Amendment Update
1. CONSENT AGENDA
A) Consideration of Expenditures:
i) October 22, 2012 (Check No. 94429 through 94501) in the amount of
$197,312.40;
ii) Centennial Fire District (Check No. 5539 through 5550) in the amount
of $3,579.37, & Check No. 2012009 and 5524 in the amount of
$2,042.73
B) Consider approval of October 1, 2012 Council Work Session Minutes
C) Consider approval of October 8, 2012 City Council Meeting Minutes
D) Consider approval of Application for Exempt Permit from Lawful
Gambling License for St. Joseph Catholic Church (two events)
E) Consider Resolution No. 12 -102, Authorizing Certification of Delinquent
Weed and Nusiance Abatement Charges for collection with the 2012 property
taxes payable in 2013
Council Agenda
-2- October 22, 2012
F) Consider Resolution No. 12 -107, Authorizing Certification of Delinquent
Water & Sewer Utility Charges for collection with the 2012 property taxes
G) Consider approval of October 15, 2012 Special Work Session Minutes
2. FINANCE DEPARTMENT
A) Consider Resolution No. 12 -105 Awarding the Sale of General Obligation
Bonds, Series 2012A
Consider Resolution No. 12 -106 Approving Post - Issuance Compliance
Procedure and Policy For Tax - Exempt Governmental Bonds
3. ADMINISTRATION DEPARTMENT
No report
4. PUBLIC SAFETY DEPARTMENT
No report
5. PUBLIC SERVICES DEPARTMENT
No report
6. COMMUNITY DEVELOPMENT DEPARTMENT
A) Consider Resolution 12 -108, Approving Twin City Gateway Budget for
2013, Mary Alice Divine
B) Consider Resolution No. 12 -59, Establishing Cartway, Michael Grochala
C) Consider Resolution No. 12 -104, Adopting Assessments, 2012 Individual
Property Public Utility Connections, Jason Wedel
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Following adjournment of the regular meeting, the council will reconvene to a special work
session to discuss economic development
Community Calendar — A Look Ahead
October 23, 2012 through November 13, 2012
4- Wednesday, October 24 6:30 pm, Council Chambers Environmental Board
4- Thursday, November 1 8:00 am, Community Room EDAC
4- Monday, November 5 5:30 pm, Community Room Council Work Session
4- Monday, November 5 6:30 pm, Council Chambers Park Board
+L Monday, November 8 6:30 pm, Police Training Room Charter Commission
4- Tuesday, November 13 6:30 pm, Council Chambers City Council Meeting
•
•
WS — Item 1
WORK SESSION STAFF REPORT
Work Session Item No. 1
Date: October 22, 2012
To: City Council
From: Michael Grochala
Re: TKDA Supplemental Engineering — Signal Improvement Projects
Background
The City Council authorized TKDA to prepare the plans & specifications for the
Lake/Main & Birch/Ware intersection projects in January of 2011. The design fee
authorized for the two (2) projects is as follows:
Lake/Main $ 99,700
Birch/Ware $ 88,800
Total $188,500
The TKDA proposal was based on a design concept prepared in August of 2010 and
included preparation of right -of -way acquisition exhibits. During the plan development
process the project scope was expanded at the request of Anoka County to include
roadway resurfacing of Lake Drive, from Main to 77 Street and the modification of the
Market Place signal to accommodate pedestrian improvements. The two items were
identified and included as county expenditures in the Joint Powers Agreement approved
by the city in March of 2011.
Additional work was also required due to design changes necessary to meet storm water
requirements, additional right -of -way acquisition, and MnLDOT state aid requirements
that were not anticipated in the original authorization. In June of 2012 TKDA submitted
a supplemental authorization -request covering the additional items for both projects
totaling $137,291.94. A portion of these fees, totaling $4,192, are payable to 3rd party
vendors for soil borings and traffic counts and have been removed from the TKDA
request. Staff proposed a partial authorization in July of 2012, however council
requested a complete review prior to any approvals. Plans were completed in August and
the project is now under construction.
Since July staff has worked with Anoka County to evaluate the request. Based on this
review and discussion TKDA has proposed a revised settlement in the amount of
$97,044. The amount would be split between Anoka County and the City as follows:
Anoka County $44,802
City $52,242
Total $97,044
If approved the authorized design cost would be $285,544.00 or approximately 16.8
percent of the total construction cost.
Requested Council Direction
No action necessary. Staff is providing this infoimation in anticipation of council review
and discussion at the November 5, 2012 work session. Staff would request council
identify any additional information they would like prepared prior to the November 5
meeting.
•
eb
EXPENDITURES
October 22, 2012
•
CHECK NO. 94429 -94501
$197,312.40
•
Date: 10/15/2012 Time 10:11:03 City of Lino Lakes
FM Entry - Invoice Journal
Ranges:
Vendor #: (A)
Invoice #: (A)
Entry Journal #: (R) 10553 - 10557
Trans #: (A)
Line #: (A)
Due Date: (A)
Bank #: (A)
Operator: TJT Page: 1
Options: Detail / Summary: S Invoice Status: A # of copies: 1
Sort: A Check Over Expend: N
Discount
Vendor # Name # of items Net Gross Discount Lost
000093 ACE SOLID WASTE, INC. 1 610.25 610.25 .00 .00
000408 AFSCME COUNCIL #5 1 645.01 645.01 .00 .00
000210 AMERICAN FASTENER & SUPPLY, INC. 1 6.31 6.31 .00 .00
000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 149.89 149.89 .00 .00
000370 ANOKA COUNTY CENTRAL COMMICATIONS 3 1,588.89 1,588.89 .00 .00
000420 ANOKA COUNTY PROPERTY RECORDS & TAXATION 1 92.00 92.00 .00 .00
003617 ANOKA COUNTY SHERIFF'S OFFICE 1 360.70 360.70 .00 .00
000162 BARNA, GUZY & STEFFEN, LTD. 1 247.00 247.00 .00 .00
000861 BEE LINE ALIGNMENT SERVICE 2 550.22 550.22 .00 .00
000833 BROCK WHITE COMPANY, LLC 1 1,489.37 1,489.37 .00 .00
008516 BUREAU OF CRIM. APPREHENSION 1 390.00 390.00 .00 .00
000946 C. P. OFFICE PRODUCTS 2 123.59 123.59 .00
001110 CENTENNIAL UTILITIES 1 1,143.83 1,143.83 .00
002700 CENTERPOINT /MINNEGASCO, INC. 1 230.37 230.37 .00 .00
001070 CENTURY FENCE COMPANY, INC. 1 15,388.70 15,388.70 .00 .00
004670 COMCAST 2 84.90 84.90 .00 .00
001187 CONNEXUS ENERGY 1 5,292.69 5,292.69 .00 .00
007354 CROWN TROPHY, INC. 1 761.22 761.22 .00 .00
008245 ROBERT DETERMAN 1 238.75 238.75 .00 .00
003220 FACTORY MOTOR PARTS COMPANY, INC. 2 24.56 24.56 .00 .00
001267 FAST BREAK CORNER MARKET, INC. 1 9.58 9.58 .00 .00
008557 GECK, DUEA & OLSON, PLLC 2 8,025.00 8,025.00 .00 .00
•
Date: 10/15/2012 Time: 10:11:04 City of Lino Lakes
FM Entry - Invoice Journal
Operator: TJT Page: 2
Discount
Vendor # Name # of items Net Gross Discount Lost
1610 GILLUND ENTERPRISES, INC. 1 137.68 137.68 .00 .00
008240 GOPHER STATE ONE -CALL 1 414.80 414.80 .00 .00
001003 MICHAEL GROCHALA 1 476.64 476.64 .00 .00
001048 HARMON AUTOGLASS 1 195.00 195.00 .00 .00
001480 HAWKINS, INC. 2 10,368.25 10,368.25 .00 .00
004562 HD SUPPLY WATERWORKS, LTD. 1 318.09 318.09 .00 .00
001859 HOME DEPOT CREDIT SERVICES 2 39.85 39.85 .00 .00
008674 HRONSKI, NICHOLAS 1 219.00 219.00 .00 .00
001971 INFRATECH 1 102.60 102.60 .00 .00
000303 INSTRUMENTAL RESEARCH, INC. 1 142.50 142.50 .00 .00
000476 INTERSTATE POWER SYSTEMS, INC. 6 1,650.00 1,650.00 .00 .00
008394 JANI -KING OF MINNESOTA, INC. 2 3,624.13 3,624.13 .00 .00
007927 ZACHARY JOHNSON 1 30.26 30.26 .00 .00
002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 945.00 945.00 .00 .00
002310 LEAGUE OF MINNESOTA CITIES 1 40.00 40.00 .00 .00
008286 LIL MANDILE TOURS 1 1,090.00 1,090.00 .00 .00
111/15 LINCOLN DOOR, INC. 1 75.00 75.00 .00 .00
1111323 LUBRICATION TECHNOLOGIES, INC. 3 11,413.91 11,413.91 .00 .00
008732 LUTHER, MICHAEL 1 20.00 20.00 .00 .00
000191 MACQUEEN EQUIPMENT, INC. 1 521.55 521.55 .00 .00
000087 MCDONALD'S CORPORATION 1 25.00 25.00 .00 .00
002570 METRO COUNCIL ENRIVONMENTAL SERVICES 1 2,341.35 2,341.35 .00 .00
007694 METROPOLITAN COUNCIL 1 57,077.74 57,077.74 .00 .00
002931 MN CHILD SUPPORT PAYMENT - CENTER 3 1,029.66 1,029.66 .00 .00
002760 MN DEPT OF HEALTH 1 6,887.00 6,887.00 .00 .00
003300 NORTHWAY IRRIGATION /LANDSCAPING 1 344.00 344.00 .00 .00
000900 O'REILLY AUTOMOTIVE STORES, INC. 1 77.66 77.66 .00 .00
•
Date: 10/15/2012 Time: 10:11:04 City of Lino Lakes Operator: TJT Page: 3
FM Entry - Invoice Journal
Discount
Vendor # Name # of items Net Gross Discount Lost
000983 OPTUMHEALTH FINANCIAL SERVICES 2 67.24 67.24 .00 '4/0
008231 PLYMOUTH PLAYHOUSE 1 100.00 100.00 .00 .00
000771 POWER PLAN OIB 1 73.22 73.22 .00 .00
008535 ROOF SPEC INC. 1 900.00 900.00 .00 .00
900491 CITY OF ROSEVILLE 2 7,095.46 7,095.46 .00 .00
003900 SAFETY KLEEN CORPORATION, INC. 1 38.74 38.74 .00 .00
000065 SCHARBER & SONS, INC. 1 793.68 793.68 .00 .00
003880 SEH TECHNOLOGY SOLUTIONS INC 1 386.25 386.25 .00 .00
003990 SHOREVIEW, CITY OF 1 3,778.05 3,778.05 .00 .00
003882 SHRED -IT USA MINNEAPOLIS 1 16.73 16.73 .00 .00
002980 SUMMIT FIRE PROTECTION, INC. 1 200.00 200.00 .00 .00
008141 TASC - CLIENT INVOICES 1 84.15 84.15 .00 .00
002790 TESSMAN COMPANY, THE 1 372.80 372.80 .00 .00
008620 TITAN MACHINERY 1 20.94 20.94 .00 .00
004469 TOUSLEY FORD, INC. 1 441.89 441.89 .00 .00
007721 TRI -STATE BOBCAT, INC. 1 77.44 77.44 .00 .00
008736 UNIVERSITY OF MINNESOTA 1 250.00 250.00 .00
008734 US SPECIALTY COATINGS 1 654.25 654.25 .00 Ilio
008408 UTILITY TRUCK SERVICES 1 2,675.32 2,675.32 .00 .00
004709 VARSITY PHOTOS, INC. 1 7,592.00 7,592.00 .00 .00
008395 WSB & ASSOCIATES, INC. 16 26,932.09 26,932.09 .00 .00
003250 XCEL ENERGY 1 7,702.65 7,702.65 .00 .00
Grand Totals: 107 197,312.40 197,312.40 .00 .00*
•
Date: 10/15/2012 Time: 10:13:53 Operator: TJT
•eS:
Page: 1
City of Lino Lakes
FM Entry - Invoice Payment - Department Report
Fund:
Dept Id:
Program:
Vendor 8:
Invoice #:
Schedule Journal #:
Bank #:
(A)
(A)
(A)
(A)
(A)
(R) 10558
(A)
Options: Print Ranges /Options: Y
Page on Department: N
Department Vendor Name
- 10563
# of copies: 1
Description
Amount
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
FINANCE
AFSCME COUNCIL #5
ANOKA COUNTY PROPERT
ANOKA COUNTY PROPERT
LAW ENFORCEMENT LABO
METRO COUNCIL ENVIRO
MN CHILD SUPPORT PAY
OCTOBER 2012 UNION DUES
EASEMENT ENCROACHMENT 14
EASEMENT ENCROACHMENT 50
OCT 2012 UNION DUES
SEPT SAC CHARGES
CHILD SUPPORT
Total for Department
BARNA, GUZY & STEFFE 2012 POLICE INTEREST ARB
OPTUMHEALTH FINANCIA SEPT 2012 COBRA ELIG PLA
OPTUMHEALTH FINANCIA SEPT 2012 RETIRES
LEAGUE OF MINNESOTA 11/14/12 REGIONAL MEETIN
TASC - CLIENT INVOIC SEPT 2012 FLEXSYSTEM PLA
Total for Department 402
ROSEVILLE, CITY OF OCT 2012 IT SERVICE
Total for Department 407
L CONSULTANTS GECK, DUEA & OLSON, FORFEITURE FOR JJ
CONSULTANTS GECK, DUEA & OLSON, PROSECUTION /CONTRACT
Total for Department 414
ENGINEERING
ENGINEERING
ENGINEERING
COMM DEV
COMM DEV
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
•
WSB & ASSOCIATES, IN AUG 2012 GENERAL ENGINEE
WSB & ASSOCIATES, IN AUG 2012 GPS FILE CONSOL
WSB & ASSOCIATES, IN AUG 2012 GPS /GIS MISC AS
Total for Department 417
GROCHALA, MICHAEL MNAPA CONF & HOTEL
SEH TECHNOLOGY SOLUT 2012 MISC SERVICES
Total for Department 418
ANOKA COUNTY CENTRAL 800MHz RADIO.SYSTEM EQUI
ANOKA COUNTY CENTRAL.JULY,AUG,SEPT STATE ACCE
ANOKA COUNTY CENTRAL VERIZON WIRELESS INTERNE
CONNEXUS ENERGY SEPT 2012 ELECTRIC
ANOKA COUNTY SHERIFF ANOKA COUNTY RANGE USE
JOHNSON, ZACHARY UNIFORM ALLOWANCE
BUREAU OF CRIM. APPR BCA /CJINN CONNECTIONS
Total for Department 420
645.01
46.00
46.00
945.00
2,341.35
1,029.66
5,053.02*
247.00
48.84
18.40
40.00
84.15
438.39*
6,144.16
6,144.16*
25.00
8,000.00
8,025.00*
4,366.67
302.00
376.00
5,044.67*
476.64
386.25
862.89*
204.75
900.00
484.14
21.37
360.70
30.26
390.00
2,391.22*
Date: 10/15/2012 Time: 10:13:53 Operator: TJT
Department
Page: 2
City of Lino Lakes
FM Entry - Invoice Payment - Department Report
Vendor Name
Description
Amount
STREETS
STREETS
STREETS
STREETS
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
BROCK WHITE COMPANY, PATCHING MATERIALS
CONNEXUS ENERGY SEPT 2012 ELECTRIC
XCEL ENERGY ENERGY PUBLIC WORKS
WSB & ASSOCIATES, IN AUG 2012 STORM WATER PRO
Total for Department 430
SCHARBER & SONS, INC
MACQUEEN EQUIPMENT,
AMERICAN FASTENER &
POWER PLAN OIB
BEE LINE ALIGNMENT S
BEE LINE ALIGNMENT S
O'REILLY AUTOMOTIVE
O'REILLY AUTOMOTIVE
O'REILLY AUTOMOTIVE
HARMON AUTOGLASS
FAST BREAK CORNER MA
GILLUND ENTERPRISES,
HOME DEPOT CREDIT SE
FACTORY MOTOR PARTS
FACTORY MOTOR PARTS
FACTORY MOTOR PARTS
SAFETY KLEEN CORPORA
TOUSLEY FORD, INC.
TRI -STATE BOBCAT, IN
LUBRICATION TECHNOLO
LUBRICATION TECHNOLO
LUBRICATION TECHNOLO
UTILITY TRUCK SERVIC
TITAN MACHINERY
Total for
ACE SOLID WASTE, INC
AMERIPRIDE LINEN /APP
C. P. OFFICE PRODUCT
C. P. OFFICE PRODUCT
CENTENNIAL UTILITIES
CONNEXUS ENERGY
GOVERNMENT BUILDINGS CENTERPOINT /MINNEGAS
GOVERNMENT BUILDINGS CENTERPOINT/MINNEGAS
GOVERNMENT BUILDINGS SUMMIT FIRE PROTECT'
GOVERNMENT BUILDINGS XCEL ENERGY
GOVERNMENT BUILDINGS_ SHRED -IT USA MINNEAP
GOVERNMENT BUILDINGS COMCAST
GOVERNMENT BUILDINGS COMCAST
GOVERNMENT BUILDINGS JANI -KING OF MINNESO
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
JANI -KING OF MINNESO
WSB & ASSOCIATES, IN
ROOF SPEC INC.
ROSEVILLE, CITY OF
1,489.37
1,300.62
155.08
935.00
3,880.07*
BERTI MOWER 793.68
BROOM TUBE 521.55
TABLET MOUNT POLICE CARS 6.31
4WD LOADER PARTS 73.22
2008 FORD CROWN VIC ALIG 475.22
WHEEL ALIGN 2011 CROWN V 75.00
1517- 499052 OIL FILTERS 39.91
1517- 499177 4 CAPSULES 22.83
1517- 499619 4 12ozINJ CL 14.92
WINDSHIELD NISSAN ALTIMA 195.00
2 CAR WASHES 9.58
STOCK 137.68
SIDE BOARD MATERIAL 11.43
#233 U -JOINT 17.57
CREDIT FOR BATTERY WARRA -82.22
REGULATOR '04 CHEVY SILV 89.21
WASHER SOLVENT 38.74
2010 FORD CRWON VIC FIX 441.89
WARRANTY WORK 77.44
1,156.5 87NL 10% ETH 3,802.71
1,547.2 87NL 10% ETH 5,515.17
600.7 2 ULS RED B5 2,096.03
1993 FORD L8000 DOT INSP 2,675.32
FLEET PARTS 20.94
Department 431 17,069.13*
TRASH & RECYLE 475.58
MONTHLY RUGS /MATS 149.89
TONER CRTDG, RIBBON, PEN 84.52
WALL CLOCK 39.07
SEPT 2012 UTILITIES 600 1,064.88
SEPT 2012 ELECTRIC 1,003.95
1187 MAIN ST 39.67
1189 MAIN ST 47.93
REPLACE RECALLED HEAD 200.00
ENERGY GOVT BUILDINGS 4,173.90
SHREDDING SERVICE 16.73
INTERNET CITY HALL 42.45
INTERNET PUBLIC WORKS 42.45
OCTOBER CONTRACT PUBLIC 486.28
OCTOBER MONTHLY CONTRACT 3,137.85
PUBLIC WORKS SITE GRADIN 192.00
SEPT 2012 CONSULTING SER 900.00
OCT 2012 PHONE 951.30
•
Date: 10/15/2012 Time 10:13:54 Operator: TJT
Page: 5
City of Lino Lakes
FM Entry - Invoice Payment - Department Report
artment Vendor Name Description Amount
Total for Department
Total for Fund 801
Grand Total
•
•
1,975.00*
1,975.00*
197,312.40*
CENTENNIAL FIRE DISTRICT Check Register- FIRE GL
Page: 1
Check Issue Dates: 10/1/2012 - 10/8/2012 Oct 08, 2012 12:04PM
port Criteria:
Report type: Summary
GL Check Check Vendor
Period Issue Date Number Number Payee
Description
10/12 10/08/2012 5539
10/12 10/08/2012 5540
10/12 10/08/2012 5541
10/12 10/08/2012 5542
10/12 10/08/2012 5543
10/12 10/08/2012 5544
10/12 10/08 /2012 5545
10/12 10/08/2012 5546
10/12 10/08/2012 5547
10/12 10/08/2012 5548
10/12 10/08/2012 5549
10/12 10/08/2012 5550
Grand Totals:
•
11565
30485
30490
31008
70578
80400
130440
130850
131500
180600
220200
220250
M = Manual Check, V = Void Check
ASPEN MILLS, INC
CENTER MART
CENTERPOINT ENERGY
COMCAST
GRAINGER
HEWLETT - PACKARD COMPAN
METRO FIRE, INC
MN STATE FIRE CHIEFS ASSO
MY ALARM CENTER, LLC
CITY OF ROSEVILLE
VERIZON WIRELESS
VIKING TROPHIES, INC
UNIFORMS
FUEL
STATION 2 GAS
INTERNET CENTERVILLE STATI
FIRE BOOTS
COMPUTER
BLDG MTC WALL BRACKETS /MI
ANNUAL CONFERENCE /ROLST
STATION 1 MONITORING
OCT PHONE SERVICE
COMMUNICATIONS
PLAQUES
Check
Amount
211.61
290.55
28.08
101.50
127.36
823.71
172.50
235.00
102.04
839,16
78.29
569.57
3,579.37
CENTENNIAL FIRE DISTRICT
Check Register - FIRE GL Page: 1
Check Issue Dates: 9/22/2012 - 9/30/2012 Oct 08, 2012 11:58AM
Report Criteria:
Report type: Summary
GL Check Check Vendor Description Check
Period Issue Date Number Number Payee Amount
09/12 09/28/2012 5524 60700 FRIENDLY CHEVROLET, INC R11 MTC
09/12 09/28/2012 2012009 210300 US BANK
DIRECT PAY - AUGUST VISA
371.95- V
2,414.68
Grand Totals: 2,042.73
M = Manual Check, V = Void Check
•
•
•
CITY COUNCIL WORK SESSION October 1, 2012
DRAFT
1 CITY OF LINO LAKES
2 MINUTES
3
4 DATE : October 1, 2012
5 TIME STARTED : 5:30 p.m.
6 TIME ENDED : 8:10 p.m.
7 MEMBERS PRESENT : Council Member Stoesz, O'Donnell,
8 Rafferty, Roeser and Mayor Reinert
9 MEMBERS ABSENT : None
10
11 Staff members present: City Administrator Jeff Karlson; Public Services Director Rick
12 DeGardner; Community Development Director Michael Grochala; Finance Director Al
13 Rolek; City Attorney Joseph Langel; Economic Development Coordinator Mary Alice
14 Divine; City Clerk Julie Bartell
15
16 Otter Lake Drive Cartway — Community Development Director Grochala noted that
17 staff has received additional information including a survey submitted by the petitioner.
18
19 City Attorney Langel reviewed his written report. The process of establishing a cartway
20 involves meeting the requirements of the statute and then looking at damages and
21 maintenance costs. He believes that the petitioner has met the requirements. On the
22 question of public use, he doesn't agree with the homeowners' association (HOA) that
23 this is a situation of eminent domain. If the cartway is established, by default it will be
24 public and the landowners could then choose to make it private. The question of use has
25 been brought up but it is irrelevant to the cartway question. On the question of location,
26 the petitioner has submitted a plan to follow the existing drive and that would meet the
27 requirements. On the question of damages, the statute is somewhat nebulous. In this case
28 both parties have submitted their recommendation of damages (which he then outlined).
29 Mr. Langel spoke about rights and consideration of how a cartway would impact land use.
30 He doesn't have a direct comparison to anything as it's quite a unique situation involving
31 an established roadway and an expensive private bridge. He noted that the petitioner's
32 estimate of damages doesn't recognize the cost of the roadway/bridge at all and that
33 doesn't seem fair. On the other hand, the HOA argues severance- damages but he doesn't
34 see any change that would actually sever other properties. Regarding maintenance, he
35 noted that he has received some historical information on maintenance costs from the
36 HOA. He recommends that it may not be fair to have a fixed amount and also the costs
37 should only apply to the portion of the cartway and not all the way through to the other
38 properties. As far as an impact on privacy to the area property owners, Mr. Langel
39 suggested there isn't a way to capture that concept.
40
41 A council member mentioned that the cartway easement will be attached to the land so it
42 could impact what happens with the land in the future (providing access to a new property
43 for instance). Mr. Grochala pointed out that the parcel in question isn't buildable since it
44 wouldn't qualify under current city regulations for a split due to its size. The council
45 heard about the threat of legal action against the city by the HOA.
CITY COUNCIL WORK SESSION October 1, 2012
DRAFT
46
• 47 A council member asked petitioner Adam Johnson to explain his connection with First
`� 48 Flight Finishers. Mr. Johnson said that it is a hunting organization that he owns; he
49 doesn't do much guide services any longer because he has another job. The closest
50 location that the organization utilizes to Lino Lakes is Hugo.
51
52 City Attorney Langel suggested that the resolution before the Council represents one
53 approach. Mayor Reinert heard from some council members that they still have
54 questions about the cartway matter. He suggested that the matter may be postponed so
55 that council members can pose their questions to staff. Persons on both sides of the
56 matter will be allowed to speak at the council meeting.
57
58 3. Quarterly Newsletter — Mayor Reinert recalled that the council discussed this matter
59 briefly at the September 24 work session. Council Member Roeser has suggested that
60 the city consider use of a for - profit publication that may be looking for articles, That
61 situation would potentially be free to the city. The mayor suggested that he doesn't favor
62 that approach because the city loses all control, however, he remains interested in the
63 possibility of allowing Lino Lakes' businesses to advertise in the city newsletter. Council
64 Member Roeser concurred in the concern of losing control but indicated that he remains
65 interested in mixing advertising with news.
66
67 Economic Development Coordinator Divine explained how the city's newsletter is
68 currently created, including the Parks and Recreation section. She is exploring how other
69 cities disseminate news and looking for good ideas that will still allow content control.
70
71 The mayor recommended that the discussion on this topic continue; he believes it could
72 be a win/win situation if advertising is included. Council Member Stoesz suggested that
73 the discussion include the possibility of offering an on -line only publication or at least a
74 way to allow residents to opt out if they prefer on -line. He also recommends looking at
75 adding advertising to the Parks and Recreation uniforms. The mayor directed staff to
76 keep looking at options and obtain cost information.
77
78 4. Temporary Sign Permits — Community Development Director Grochala noted that
79 the council briefly discussed this matter at the September 24 work session and called for
80 further discussion before anything would move on to the Planning & Zoning Board.
81 Council Member Roeser noted that part of the problem is the limitation of days per
82 quarter; in some situations, that doesn't work. The mayor recalled his suggestion that the
83 allowance be four times a year but not restricted quarterly; he is concerned that the
84 regulations be enforceable also. He suggested that the matter be referred to the Planning
85 & Zoning Board with a request to review current sign regulations and answer the question
86 "how is the current situation working ?" Community Development Director Grochala
87 suggested that staff will also speak with the area Chamber of Commerce for their opinion
88 and/or suggestions.
89
CITY COUNCIL WORK SESSION October 1, 2012
DRAFT
90 5. Signal Project Update - Community Development Director Grochala noted that
• 91 construction is underway at the Lake & Main site and will be soon at Birch and Ware.
92 There have been a few complaints with the onset of construction and staff has responded
93 appropriately. Since trucks and weight restrictions are involved, staff may decide to do
94 some signage and will also continue working with the Police Department. The mayor
95 concurred that the truck traffic should be kept under control.
96
97 Regarding Birch Street, Council Member Stoesz asked if the construction will impact
98 school walkers or traffic. Mr. Grochala indicated that plans are in place to deal with the
99 situation, mainly with signs and replacement trails.
100
101 Community Development Director Grochala added that staff is continuing to work on the
102 outstanding supplemental engineering agreements with TKDA that relate to the projects.
103 He will have more information at the next work session and probably again in November.
104
105 The council heard additional information on the one property that will be taken on Birch
106 Street and Mr. Grochala indicated that the final figure will be forthcoming but it appears
107 it will come in under the maximum.
108
109 1. 2013 Budget Considerations - Mayor Reinert noted that the council has found a path
110 for the 2013 budget but, during previous discussions, good ideas came forward and he
111 doesn't want to lose sight of them. Council Member Roeser noted personnel
al 112 openings /retirements that are forthcoming and he suggests that when an opening occurs,
113 it's a good time to think about the future and needs. Another idea that came up was
114 bidding for some services such as mowing.
115
116 The mayor recommends that council members continue to forward their ideas to the City
117 Administrator. Perhaps a budget committee of a couple council members would be
118 helpful. The council briefly discussed some areas in the budget that are not yet firm such
119 as valuations and the utility franchise fee. The mayor recommends that the council start
120 building a list of 2013 ideas. Administrator Karlson remarked on the recently completed
121 city organizational study; the study includes a plan for the future personnel structure for
122 the city.
123
124 6. Review Regular Council Agenda of October 8, 2012 - The agenda was reviewed
125 and there were no changes.
126
127 The meeting was adjourned at 8:10 p.m.
128
129 These minutes were considered, corrected and approved at the regular Council meeting held on
130 October 22, 2012.
131
132
133
411) 134 Julianne Bartell, City Clerk Jeff Reinert. Mayor
3
•
•
•
COUNCIL MINUTES October 8, 2012
DRAFT
1 CITY OF LINO LAKES
2 MINUTES
3
4 DATE : October 8, 2012
5 TIME STARTED : 6:30 p.m.
6 TIME ENDED : 8:05 p.m.
7 MEMBERS PRESENT : Council Member Stoesz, O'Donnell, Rafferty,
8 Roeser, and Mayor Reinert
9 MEMBERS ABSENT : none
10
11 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael
12 Grochala; City Attorney Joseph Langel; City Engineer Jason Wedel; Chief of Police John Swenson;
13 and City Clerk Julie Bartell
14
15 PUBLIC COMMENT
16
17 No one addressed the council regarding a matter not on the agenda.
18
19 SETTING THE AGENDA
20
21 The agenda was approved as presented.
22
23 SPECIAL PRESENTATION
24
25 Charter Amendment Update — Community Development Director Grochala offered information on
26 the charter amendment that will appear on the November 6, 2012 ballot. He stressed that city
27 residents should get informed about the amendment that involves how the city deals with public
28 improvements. He noted that information is available on the city Website and at a kiosk at city hall.
29 One question often asked is what is the history on this topic. He noted a report done by a citizen task
30 force in 2008 that makes recommendations on improving the public improvement process. The
31 amendment on the ballot in November is essentially the ordinance recommended by the task force
32 with a couple changes, one being adding a reverse referendum that would bring a question to the
33 voters. He compared the proposed public improvement process to the current process.
34
35 Council Member Roeser confirmed that it was a citizen group that originally brought the changes
36 forward, not the city council. Also he noted that the amendment would be a continuation of this
37 council's efforts to reduce government.
38
39 Mayor Reinert offered the following points:
40 This proposal is about city roadways, not those under the jursidiction the county or state;
41 The process is not about maintenance of roadways, but when a road requires reconstruction;
42 In most cities, the city council makes the decision and everyone is billed for the work. But 30
43 years ago, this city made a different choice recognizing that an increase in property value may
44 occur and he agrees with that different choice. However, since that other choice was decided,
•
•
•
COUNCIL MINUTES October 8, 2012
DRAFT
45 only one road has been reconstructed in this city; others have been brought forward for
46 consideration but have failed;
47 It costs money to put forward plans for road construction; for instance a feasibility study is
48 necessary, and if the plans don't proceed, the expense of that study falls to the city;
49 Mainly this changes the way that people decide how their own street will be treated;
50 The amendment addresses the problem of scope, allowing the people getting the
51 improvements to vote on what will be done (water, sewer, roadway or a combination).
52
53 He added that the proposed process will still allow for a city wide vote if that is called for. The
54 bottom line is that the city has to get to a point where there is a process that works to get necessary
55 road work done.
56
57 CONSENT AGENDA
58
59 Council Member Rafferty moved to approve the Consent Agenda, Items 1A through 1D. Council
60 Member Stoesz seconded the motion. Motion carried on a unanimous voice vote.
61
62 ITEM ACTION
63
64 Consideration of Expenditures:
65
66 October 8, 2012 (Check No. 94224 -
67 94428, $160,903.11) Approved
68
69 Centennial Fire District (Check No. 5514 -
70 5538, $41,145.16) Approved
71
72 September 24, 2012 Council Work Session
73 Minutes Approved
74
75 September 24, 2012 City Council Meeting
76 Minutes Approved
77
78 September 24, 2012 Special Work Session Minutes Approved
79
80 FINANCE DEPARTMENT REPORT
81
82 There was no report from the Finance Department.
83
84 ADMINISTRATION DEPARTMENT REPORT
85
86 3A) Adoption of Minnesota Snow and Ice Control Handbook — Administrator Karlson noted that
87 in July the council approved an agreement with the Rice Creek Watershed District and in order to
88 qualify for the grant funds associated with that agreement, the city must adopt the associated
COUNCIL MINUTES
DRAFT
October 8, 2012
89 Minnesota Snow and Ice Control Handbook. He noted that staff has already been trained with the
90 handbook.
91
92 Council Member O'Donnell moved to approve adoption of the Handbook as submitted. Council
93 Member Roeser seconded the motion. Motion carried on a unanimous voice vote.
94
95 PUBLIC SAFETY DEPARTMENT REPORT
96
97 There was no report from the Public Safety Department.
98
99 PUBLIC SERVICES DEPARTMENT REPORT
100
101 There was no report from the Public Services Department.
102
103 COMMUNITY DEVELOPMENT DEPARTMENT REPORT
104
105 6A) Consideration of Resolution No. 12 -59, Establishing Cartway — Community Development
106 Director Grochala noted the resolution before the council that would provide for establishment of a
107 cartway on Otter Lake Drive. This process has been on- going, with a public hearing held by the
108 council in July and discussions at various council meetings.
109
110 City Attorney Langel reviewed the resolution and cartway process. The petition submitted by Adam
so 111 Johnson (the "Petitioner ") requests a cartway between parcels of his land, over a private road and a
112 bridge that is owned by a homeowners' association (the "HOA "). The city council is responsible for
113 deciding if the statutory requirements for establishing a cartway are met, deciding on the location of
114 the cartway and determining damages to the owner of the land. The city has received information
115 from the involved parties. Staff feels that the threshold for establishing the cartway has been met.
116 On the question of location, the existing roadway and bridge are the most sensible location (the
117 survey of the proposed cartway was submitted by Petitioner and included in the staff letter). On the
118 question of damages, Mr. Langel noted that both parties submitted information. There is a wide
119 divergence between the two sides on the amount of damages. Staff has put forth in the report one
120 proposed means of determining damages; it is not the only way to make that determination. The
121 Petitioner has to pay damages and construction costs for the eartway. Mr. Langel also noted that the
122 cartway width would be the width of the roadway and the cartway cannot be utilized until all damages
123 have been paid. The resolution submitted to the council now contains the points mentioned this
124 evening and also some blanks for council consideration. On the question of ongoing maintenance,
125 the council is additionally responsible for determining the costs and a formula is proposed.
126
127 The mayor remarked that it appears that the majority of the council has determined that the cartway is
128 allowed under state law. On the matter of damages, Attorney Langel explained in terms the
129 recommendation of the HOA ($748,000) and the recommendation of the Petitioner ($1,343.38). The
130 HOA estimate includes three areas of damages: to the land itself (the entirety of Outlot A), to the
131 roadway/bridge, and severance. Mr. Langel noted that his issues of concern about the HOA estimate
132 are mainly on the basis that they used the entirety of the Outlot for the calculations and that severance
133 wouldn't apply in this case. Staff's suggestion (and not the only option) is that the council look at
410
COUNCIL MINUTES October 8, 2012
DRAFT
4110 134 Petitioner's portion of the land, the bridge and the roadway to extent that he will utilize them. With
135 that basis for calculation, the damages would come to approximately $52,000. Maintenance costs
136 would be beyond the calculation of damages. He explained that the HOA has reported that
137 maintenance costs are not the same every year and there are costs to plan for in the future. The
138 resolution reflects the option that Petitioner would pay 1/6 of the cost of maintenance of the bridge
139 and 1/6 of 12 percent for the roadway.
140
141 Council Member Roeser asked how Mr. Johnson would receive information about maintenance since
142 he would not be a member of the HOA. Attorney Langel explained that damages and future costs
143 would be a private matter between the HOA and Mr. Johnson and he could specify that in the action.
144
145 Council Member O'Donnell clarified that the cartway would, by default, be established as a public
146 cartway but that the HOA could request the council to accept it as a private cartway by resolution.
147
148 Attorney Joe Barnett, on behalf of Petitioner Adam Johnson, addressed the council. He pointed out
149 that it is clear that the threshold for establishing the cartway is met. Mr. Johnson is concerned that, in
150 determining damages, the council should clearly understand that his use of the roadway and bridge
151 will just be access and he will have no ownership rights. The damage estimate offered by Mr.
152 Johnson represents that best. He won't be causing a burden to the HOA.
153
154 Mark Smith, HOA member, told the council that he believes the professional appraisal of damages
155 submitted by the HOA represents best, or even under, a fair assessment of the damages. He believes
156 that the Petitioner should be able to move across the bridge and then directly down to his property -
157 that would be less use of the roadway. Mr. Smith also pointed out that the roadway also has a storm
158 drain element that was very expensive; he's not certain that is being taken into consideration. Also
159 how would enforcement be handled? Attorney Langel responded that the damage amount determined
160 by the council would eventually become a judgment and would be enforceable as such.
161
162 The council discussed establishment of the cartway and the following elements:
163 The threshold for a cartway is there;
164 - The private bridge and roadway involved are quite- expensive;
165 The suggestions for the amount of damages range from $1,800 to more than $700,000; the
166 attorney is presenting a damage suggestion between those two;
167 A question of drainage infrastructure and how it may serve the Petitioner's property has been
168 raised;
169 A suggestion has been raised to shorten the cartway to the end of the bridge but it's unclear if
170 that is topographically possible; would a shortened cartway mean lower maintenance cost;
171 Use of the property may be discussed but not as part of establishment of the cartway;
172
173 Some council members indicated that they still have questions about establishment of the cartway.
174 The council concurred that a special meeting would be held on October 15, 2012 at the site of the
175 proposed cartway and bridge.
176
177 Council Member Roeser indicated that he sent information to the city administrator including an
178 alternative for this situation. He asked that staff share that information with the council.
4
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COUNCIL MINUTES October 8, 2012
DRAFT
Council Member Rafferty moved to postpone consideration of this agenda item to the next work
session on October 22, 2012. Council Member Roeser seconded the motion. Motion carried on a
unanimous voice vote.
6B) Consideration of Resolution No. 12 -103, Approving the final payment for sealcoat striping
- City Engineer Wedel explained that the resolution authorizes for the separated portion of the
sealcoat project that provides for striping. He explained the costs and savings involved in separating
this element.
Council Member O'Donnell moved to approve Resolution No. 12 -103 as presented. Council
Member Roeser seconded the motion. Motion carried on a unanimous voice vote.
UNFINISHED BUSINESS
There was no Unfinished Business.
NEW BUSINESS
There was no New Business.
COMMUNITY CALENDAR
Community Calendar — A Look Ahead
October 8, 2012 through October 22, 2012
Monday, October 22 5:30 pm, Community Room Council Work Session
b- Monday, October 22 6:30 pm, Council Chambers City Council Meeting
COMMUNITY EVENTS
Gobbler Games at Centennial Middle School on November 3, 10:00 a.m. to Noon - This Free
family event is sponsored by the Lino Lakes Parks and Recreation Department. The event consists of
low -key competition in a variety of athletic events, pairing up children (ages 4 -14) with adults.
Refreshments will be available to enjoy after completion of the events. This is a free event and no
pre- registration is required.
Lino Lakes Recycling Saturday, October 20, 10:00 a.m. to 2:00 p.m., Lino Park, 7850 Lake
Drive. Recycling Day in Lino Lakes is now every third Saturday - Join residents in dropping off
items such as electronics, tires, batteries, household goods and computers. For more information,
contact city hall at 651- 982 -2424. This is part of an effort to expand our city's residential and
business recycling - "LINO LAKES RECYCLES AT HOME, AT WORK AND ON THE GO!"
5
COUNCIL MINUTES October 8, 2012
DRAFT
224 ADJOURN
225
226 There being no further business, Council Member Rafferty moved to adjourn at 8:05 p.m. Council
227 Member Roeser seconded the motion. Motion carried unanimously.
228
229 These minutes were considered and approved at the regular Council Meeting on October 22, 2012.
230
231
232
233
234 Julianne Bartell, City Clerk Jeff Reinert, Mayor
235
•
•
STAFF ORIGINATOR:
MEETING DATE:
TOPIC:
VOTE REQUIRED:
CITY COUNCIL
AGENDA ITEM 1D
Julie Bartell, City Clerk
October 22, 2012
Consider Approving Application for Exempt Permit from
Lawful Gambling License for St. Joseph Catholic Church
(two events)
3/5 Vote
INTRODUCTION
St. Joseph Catholic Church has applied for an exempt permit to conduct its annual "Turkey
Bingo" event which helps fund Thanksgiving food baskets. The event is scheduled for
November 18, 2012. The church has also applied for an exempt permit to conduct a raffle to be
held on November 27, 2012. The proceeds from this fundraising event will be used to award
college scholarships to members of St. Joseph Catholic Church.
• BACKGROUND
Non - profit organizations are allowed, under the State Gambling Statutes, to apply for an
exemption from a gambling license if they conduct five (5) or fewer gambling occasions per
calendar year. St. Joseph Catholic Church conducts five (5) or less per calendar and, therefore,
remains exempt from requiring a gambling license.
Minnesota Statutes, Chapter 349, Section 349.166, Subd. 2 does, however, require that the non-
profit organizations applying for the exemption permit notify the city that they are applying for
the exemption and receive local approval.
The application and background materials are on file in City Clerk's office.
RECOMMENDATION
Adopt a motion approving the applications for exemption with no waiting period.
•
•
•
•
CITY COUNCIL
AGENDA ITEM lE
STAFF ORIGINATOR: Marty Asleson
MEETING DA I'E: October 22, 2012
TOPIC: Consider Resolution 12 -102 Authorizing the Certification of
Delinquent Weed Abatement Charges to be collected with
2012 Property Taxes Payable in 2013
VO'L'E REQUIRED: Simple Majority (3/5)
INTRODUCTION
Staff is bringing before the City Council delinquent weed abatement charges for certification
to the County Auditor for collection with the following year property taxes.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution 12 -102 authorizing the
certification of delinquent weed abatement charges to be collected with 2012 property taxes
payable in 2013 at an interest rate of 8% per annum.
ATTACHMENT
1. Resolution No. 12 -102 Weed Abatement Certification List Payable in 2013
CITY OF LINO LAKES
RESOLUTION NO. 12 -102
RESOLUTION AUTHORIZING THE CERTIFICATION OF DELINQUENT
ABATEMENT CHARGES TO BE COLLECTED WITH THE 2012 PROPERTY
TAXES PAYABLE IN 2013
WHEREAS, pursuant to City Code Section 904, any weeds or grass growing upon any lot
or parcel of land in the City of Lino Lakes to a greater height than eight (8 "),
or which have gone or about to go to seed are declared to be a nuisance, and
WHEREAS, pursuant to City Code Section 901.02, the accumulation of debris of any
nature are declared to be a public nuisance, and r
WHEREAS, pursuant to City Code Section 901.03, the accumulation of discarded
appliances /machinery and the metal building are declared to be a public
nuisance, and
WHEREAS, certain property owners in noncompliance with such code requirements were
notified and provided the opportunity to comply with such provisions, and
WHEREAS, upon failure of the property owner to comply with the provisions of said
notice, the City Weed Inspector ordered the abatement of such nuisance, in
accordance with the City Code Section 904 and 901.02, and charged the
property owner thereof for expenses incurred by the City, and
WHEREAS, upon failure of the property owner to comply with the provisions of said
notice, the City Building Official ordered the abatement of such nuisance, in
accordance with the City Code Section 901.03, and charged the property
owner thereof for expenses incurred by the City, and
WHEREAS, certain properties are delinquent in the payment of such charges, and
WHEREAS, the City Clerk has prepared a list of properties with delinquent charges to be
certified to the Anoka County Auditor for collection with the 2012 property
taxes, payable in 2013, and
WHEREAS, the City Council has met to consider the certification of such delinquent
charges.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes,
Minnesota that the Clerk is hereby authorized to certify the delinquent charges attached
hereto as Exhibit "A" to the Anoka County Auditor to be collected with the 2012
property taxes, payable in 2013 at an interest rate of 8.00% per annum.
•
•
•
The motion for the adoption of the foregoing resolution was introduced by Council
Member and was duly seconded by Council Member
and upon vote being taken thereon, the following voted in favor thereof:
The following voted against same:
AT 1'EST:
Julianne Bartell, City Clerk
Jeff Reinert, Mayor
•
•
CITY OF LINO LAKES
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MEETING DATE
TOPIC
VOTE REQUIRED
BACKGROUND
CITY COUNCIL
AGENDA ITEM 1F
Al Rolek
October 22, 2012
Consider Resolution No. 12 -107 Authorizing the Certification of
Delinquent Water and Sewer Utility Charges for collection with
2012 Property Taxes Payable in 2013
Simple Majority (3/5)
Staff annually brings before the City Council delinquent water and sewer utility charges for
certification to the County Auditor for collection with the following year property taxes. Affected
property owners received mailed notice of this proceeding and have been allowed ample time to
pay the delinquent charges.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 12 -107 authorizing the certification
of delinquent water and sewer utility charges to be collected with 2012 property taxes payable in
2013 at an interest rate of 8% per annum.
ATTACHMENTS
Listing of Delinquent Utility Accounts
•
•
CITY OF LINO LAKES
RESOLUTION NO. 12 -107
RESOLUTION AUTHORIZING THE CERTIFICATION OF DELINQUENT WATER
AND SEWER UTILITY CHARGES FOR COLLECTION WITH THE 2012 PROPERTY
TAXES PAYABLE IN 2013
WHEREAS, pursuant to City Code Section 401.29 and Section 402.14, Subd. 5, the Clerk has
prepared a list of properties having delinquent water and sewer charges to be certified
to the Anoka County Auditor for collection with the 2012 property taxes, payable in
2013, and
WHEREAS, notice of such certification was mailed to affected property owners, and
WHEREAS, the City Council has met to consider the certification of such delinquent water and
sewer charges.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that
the Clerk is hereby authorized to certify the delinquent water and sewer charges as indicated on the
attached listing to the Anoka County Auditor to be collected with the 2012 property taxes, payable
in 2013 at an interest rate of 8.00% per annum.
Adopted by the Council of the City of Lino Lakes this day of , 2012.
The motion for the adoption of the foregoing resolution was introduced by Council Member
and was duly seconded by Council Member and upon vote being
taken thereon, the following voted in favor thereof:
The following voted against same:
ATTEST:
Julianne Bartell, City Clerk
Jeff Reinert, Mayor
•
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•
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SPECIAL CITY COUNCIL WORK SESSION October 15, 2012
DRAFT
1 CITY OF LINO LAKES
2 MINUTES
3
4 DATE : October 15, 2012
5 TIME STARTED : 5:38 p.m.
6 TIME ENDED : 6:03 p.m.
7 MEMBERS PRESENT : Council Member Stoesz, O'Donnell,
8 Rafferty, Roeser and Mayor Reinert
9 MEMBERS ABSENT : None
10
11
12 Staff members present: Community Development Director Michael Grochala; City
13 Engineer Jason Wedel.
14
15 This special work session was called for the purpose of reviewing the proposed location
16 of a cartway requested by Mr. Adam Johnson. The meeting was convened at the site of
17 the cartway, near the private bridge on Otter Lake Drive.
18
19 The council reviewed the proposed location of the cartway. The city engineer estimated
20 approximate grades off the roadway. The council visited possible access locations.
21 Member(s) of the Homeowners Association (HOA) present indicated concern about the
22 storm sewer system in the area as well as tracking of mud.
23
24 The meeting was adjourned at 6:03 p.m.
25
26 These minutes were considered, corrected and approved at the regular Council meeting held on
27 October 22, 2012.
28
29
30
31
32 Julianne Bartell, City Clerk Jeff Reinert, Mayor
33
1
CITY COUNCIL
AGENDA ITEM 2A
• STAFF ORIGINATOR Al Rolek
MEETING DATE October 22, 2012
TOPIC Consideration of Resolution 12 -105 Awarding Sale of General
Obligation Bonds, Series 2012A
VOTE REQUIRED Simple Majority
INTRODUCTION
•
•
The City has awarded a bid to- construct traffic signals and related improvements at the intersections of Lake
Drive and Main Street and Birch Street and Ware Road. These projects require debt financing to fund the
construction of the improvements. In addition, market conditions are favorable to refinance a currently
outstanding debt issue to achieve a better interest rate for this debt, thereby lowering the city's financing
cost.
BACKGROUND
On September 24, 2012, the City Council approved Resolution No. 12 -99 authorizing the issuance of
approximately $2,030,000 G.O. Bonds, Series 2012A. The purpose of the bonds is to finance traffic signal
and related improvements as noted above and to refinance the outstanding balance of the G.O. Improvement
Bonds, Series 2003A. It was estimated at the time that by refunding the issue that the city could achieve
net present value savings of approximately $32,340 over the term of the issue, a 7.609% savings. The bond
issue would have a 10 -year term and will be repaid through ad valorum taxes authorized through voter
referendum and through previously levied special assessments.
The City has since issued its Official Statement and advertised for bids for this issue. Bids were received
earlier today by the City's financial advisors, Springsted, Inc. Terri Heaton of Springsted, Inc. is here
tonight to present the results of the bidding process. The exact amount of the bonds to be sold will be
determined pending the outcome of the bids.
RECOMMENDATION
Following Ms Heaton's presentation, staff recommends that the City Council adopt-Resolution No. 12 -105
Awarding the Sale of General Obligation Bonds, Series 2012A.
ATTACHMENTS
Resolution 12 -105.
AWARD:
SALE:
Springsted
-VJ- S ivy
i012_1_1lZ
Springsted Incorporated
380 Jackson Street, Suite 300
Saint Paul, MN 55101 -2887
Tel: 651 - 223 -3000
Fax: 651 - 223 -3002
Email: advisors @springsted.com
www.springsted.com
$2,030,000*
CITY OF LINO LAKES, MINNESOTA
GENERAL OBLIGATION BONDS, SERIES 2012A
(BOOK ENTRY ONLY)
UNITED BANKERS' BANK
October 22, 2012
Moody's Rating: Aa2
Bidder
Interest
Rates
UNITED BANKERS' BANK
UMB BANK, N.A.
0.40% 2014 -2015
0.50% 2016
0.65% 2017
0.80% 2018
1.00% 2019
1.15% 2020
1.30% 2021
1.40% 2022
1.55% 2023
1.65% 2024
0.50% 2014 -2015
0.60% 2016
0.75% 2017
0.90% 2018
1.05% 2019
1.20% 2020
1.35% 2021
1.50% 2022
1.60% 2023
1.75% 2024
Price
Net Interest
Cost
True Interest
Rate
$2,017,820.00 $158,169.08
$2,015,587.00 $170,099.64
1.2620%
1.3584%
(Continued)
Public Sector Advisors
Bidder
Interest
Rates
Price
Net Interest
Cost
True Interest
Rate
ROBERT W. BAIRD & COMPANY,
INCORPORATED
C.L. KING & ASSOCIATES
SAMCO CAPITAL MARKETS, INC.
LOOP CAPITAL MARKETS, LLC
EDWARD D. JONES & COMPANY
CRONIN & COMPANY, INC.
KILDARE CAPITAL
CREWS & ASSOCIATES
DAVENPORT & COMPANY LLC
WEDBUSH MORGAN SECURITIES
DOUGHERTY & COMPANY LLC
COUNTRY CLUB BANK
ADVISORS ASSET MANAGEMENT
ROSS, SINCLAIRE & ASSOCIATES
CASTLEOAK SECURITIES, L.P.
VINING- SPARKS IBG,
LIMITED PARTNERSHIP
ISAAK BOND INVESTMENTS INC.
RAYMOND JAMES & ASSOCIATES, INC.
BOSC, INC.
NORTHLAND SECURITIES
2.00% 2014 -2024 $2,103,129.45 $177,141.66
1.00% 2014 -2018
1.50% 2019 -2020
2.00% 2021 -2024
2.00% 2014 -2024
2.00% 2014 -2024
$2,054,646.23 $178,154.88
$2,098,981.15 $181,289.96
$2,096,105.40 $184,165.71
1.3822%
1.4046%
1.4164%
1.4402%
These Bonds are being reoffered at Par.
* Subsequent to bid opening, the issue size decreased from $2,030,000 to $2,015,000.
BBI: 3.68%
Average Maturity: 6.164 Years
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 Tuesday, October 22, 2012, commencing at
6:30 p.m.
The following members were present:
and the following were absent:
* **
The Mayor announced that the next order of business was consideration of the proposals that had
been received for the purchase of the City's General Obligation Bonds, Series 2012A, proposed to be issued
in an aggregate principal amount of $2,015,000.
The City Administrator presented a tabulation of the proposals that had been received in the manner
specified in the Official Terms of Proposal for the Bonds. The proposals were as set forth in Exhibit A
attached.
After due consideration of the proposals, Member then introduced the
following resolution and moved its adoption:
412159v2 SJB LN140 -108
follows:
RESOLUTION NO.
A RESOLUTION AWARDING THE SALE OF GENERAL
OBLIGATION BONDS, SERIES 2012A, PROPOSED TO BE
ISSUED IN AN AGGREGATE PRINCIPAL AMOUNT OF
$2,015,000; FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY; AND
PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of Lino Lakes, Minnesota (the - "City "), as
Section 1. Sale of Bonds.
1.01. Award to the Purchaser and Interest Rates. The proposal of United Bankers' Bank,
Bloomington, Minnesota (the "Purchaser ") to purchase the Bonds of the City described in the Official Terms
of Proposal thereof 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 $2,002,910 (the par amount of the Bonds of $2,015,000,
plus original issue premium of $0, less original issue discount of $12,090) , plus accrued interest to date of
delivery, for Bonds bearing interest as follows:
Year Interest Rate Year Interest Rate
2015* 0.40% 2020 1.15%
2016 0.50 2021 1.30
2017 0.65 2022 1.40
2018 0.80 2023 1.55
2019 1.00 2024 1.65
* Term Bond
True interest cost: L2580%
1.02. Purchase Contract. The sum of $4,030, being the amount proposed by the Purchaser in
excess of $1,998,880 (the minimum bid amount specified in the Terms of Proposal), shall be credited in
allocable amounts to the respective subaccounts in the Debt Service Fund hereinafter created -or deposited in
allocable amounts in the Refunding Fund and the - Construction Fund hereinafter created, as deteumined by the
City Finance Director in consultation with the City's financial advisor. The City Finance Director is directed
to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the
good faith checks of the unsuccessful proposers. The Mayor and City Administrator are directed to execute a
contract with the Purchaser on behalf of the City.
1.03. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the
Bonds pursuant to the Chapter 475 (the "Act "), in the total principal amount of $2,015,000, originally dated
November 15, 2012, 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:
412159v2 SJB LN140 -108
2
Year Amount Year Amount
*Term Bond
2015* $290,000 2020 $160,000
2016 230,000 2021 160,000
2017 225,000 2022 160,000
2018 230,000 2023 165,000
2019 230,000 2024 165,000
$1,580,000 of the Bonds (the "Interchange Portion ") maturing in the amounts and on the dates set forth
below are being issued to finance certain interchange improvements described in the resolution authorizing
issuance of the Bonds (the "Interchange Improvements "):
Year Amount Year Amount
2015* $150,000 2020 $160,000
2016 155,000 2021 160,000
2017 155,000 2022 160,000
2018 155,000 2023 165,000
2019 155,000 2024 165,000
$435,000 of the Bonds (the "Refunding Portion ") maturing in the amounts and on the dates set forth below
are being issued to refund the City's $2,090,000 General Obligation Improvement and Refunding Bonds,
Series 2003A, dated December 1, 2003 (the "Refunded Bonds "):
Year Amount
*Term Bond
2015* $140,000
2016 75,000
2017 70,000
Year
2018
2019
Amount
$75,000
75,000
1.04. Optional Redemption. The City may elect on February 1, 2021, and on any day thereafter to
prepay Bonds due on or after February 1, 2022. Redemption may beiin whole or in part and if in part, at the
option of the City and in such manner as the City will determine. If less -than all Bonds of a maturity are
called for redemption, the City will notify DTC (as defined in Section 7 hereof) 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 wilLthen select by lot the beneficial ownership- interests in such
maturity to be redeemed. Prepayments will be at a price of par plus accrued interest.
1.05. Term Bonds: Mandatory Redemption. The Bonds maturing on February 1, 2015 shall
hereinafter be referred to collectively as the "Term Bonds." The principal amounts of the Term Bonds
subject to mandatory sinking fund redemption on any date may be reduced through earlier optional
redemptions, with any partial redemptions of the Term Bonds credited against future mandatory sinking
fund redemptions of such Term Bonds in such order as the City shall determine. The Term Bonds are
subject to mandatory sinking fund redemption and shall be redeemed in part by lot at par plus accrued
interest on the sinking fund installment dates and in the principal amounts as follows:
412159v2 SJB LN140 -108
3
Sinking Fund Installation Date
Principal Amount
Interchange Portion Refunding Portion
February 1, 2015 Term Bonds
2014 _ $70,000
2015 (maturity) $150,000 70,000
Section 2. Registration and Payment.
2.01. Registered Form. The Bonds will 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 will 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 will 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 will 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 August 1, 2013, 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 will appoint a bond registrar, transfer agent, authenticating agent and
paying agent (the "Registrar "). 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 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 will 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 will 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.
(d) Cancellation. Bonds surrendered upon transfer or exchange will 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
412159v2 SJB LN140 -108
4
requested transfer is legally authorized. The Registrar will 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 will 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 will 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 of 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 will 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 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 will 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 registration books kept by the Registrar and by publishing the
notice if required by law. Failure to give notice by publication or by mail to any registered owner, or
any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds
so called for redemption will cease to bear interestafter 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. The City appoints U.S. Bank National Association, St.
Paul, Minnesota, as the initial Registrar. The Mayor and the City Administrator are authorized to execute and
deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar
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. The City agrees to pay the
reasonable and customary charges of the Registrar for the services performed. The City reserves the right to
remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event
the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and
must deliver the bond register to the successor Registrar. On or before each principal or interest due date,
without further order of this Council, the City Administrator must transmit to the Registrar moneys sufficient
for the payment of all principal and interest then due.
2.05. Execution, Authentication, and Delivery. The Bonds will 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
412159v2 SJB LN140 -108
5
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 will 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 will 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 Registrar. Certificates of authentication on different
Bonds need not be signed by the same representative. 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 will 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.
2.06. Temporary Bonds. The City may elect to- deliver in lieu of printed definitive Bonds one or
more typewritten temporary Bonds in substantially the form -set forth in Section 3 with such changes as may
be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery
of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled.
Section 3. Form of Bond.
3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the form
attached hereto as 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,
which is to be complete except as to dating thereof and cause the opinion to be printed on or accompany each
Bond.
412159v2 SJB LN140 -108
6
Section 4. Payment; Security; Funds; Pledges and Covenants.
4.01 Funds and Accounts. The Bonds are payable from the General Obligation Bonds, Series
2012A Debt Service Fund (the "Debt Service Fund ") hereby created. The City will maintain an Interchange
Improvements Account (the "Interchange Improvements Account ") and a Refunding Account (the
"Refunding Account ") in the Debt Service Fund. The special assessments ( "Assessments ") levied for the
improvements financed by a portion of the Refunded Bonds, together with ad valorem taxes levied
hereunder, are hereby pledged to the respective accounts of Debt Service Fund as further described in this
Section. Amounts in the Interchange Improvements Account are irrevocably pledged to the Interchange
Improvements portion of the Bonds, and amounts in the Refunding Account are irrevocably pledged to the
Refunding Bonds portion of the Bonds.
4.02. Debt Service Fund. (a) The -Bonds will be payable from the General Obligation Bonds,
Series 2012A Debt Service Fund (the "Debt Service Fund ") hereby created. The Assessments (as defined in
Section 4.01) are hereby pledged to the Refunding Account of the Debt Service Fund, and the ad valorem
taxes levied under Section 4.05 hereof (the "Taxes ") are hereby pledged to the Interchange Improvements
Account of the Debt Service Fund. If a payment of principal or interest on the respective portions of the
Bonds becomes due when there is not sufficient money in the respective subaccounts of the Debt Service
Fund to pay the same, the City Finance Director will pay such principal or interest from the general fund of
the City, and the general fund will be reimbursed for those advances out of the proceeds of Assessments or
Taxes (as the case may be) when collected.
(b) There is appropriated to the Interchange Improvements Account of the Debt Service Fund
(i) 0 percent of the amount over the minimum purchase price of the Bonds paid by the Purchaser, to the
extent designated for deposit in such subaccount in accordance with Section 1.02; (ii) $553.75 of the accrued
interest paid by the Purchaser upon closing and delivery of the Bonds; and (iii) $19,565.83 in capitalized
interest through February 1, 2014.
(c) There is appropriated to the Refunding Account of the Debt Service Fund (i) 0 percent of the
amount over the minimum purchase price of the Bonds paid by the Purchaser, to the extent designated for
deposit in such subaccount in accordance with Section 1.02; and (ii) $91.33 of the accrued interest paid by the
Purchaser upon closing and delivery of the Bonds; In addition, the debt service fund heretofore established
for the Refunded Bonds under the resolution providing for the issuance and sale of the Refunded Bonds
(the "Refunded Bonds Resolution ") shall be terminated following the redemption of the Refunded Bonds,
and any remaining funds therein are credited to the Refunding Account of the Debt Service Fund herein
created.
4.03. Construction Fund. The proceeds of the Interchange Portion of the Bonds, less the
appropriations made in Section 4.02 and a pro rata share of costs of issuance paid, together with any other
funds appropriated for the Interchange Improvements, will be deposited in a separate fund of the City
(the "Construction Fund "). Amounts in the Construction Fund will be disbursed solely to pay costs of the
Interchange Improvements and costs of issuance of the Bonds. Any balance remaining in the Construction
Fund after completion of the Interchange Improvements may be used for any other public use authorized
by law or credited to the Debt Service Fund or other City debt service funds, all in accordance with
Section 475.65 of the Act.
4.04. Refunding Fund. Proceeds of the Refunding Portion of the Bonds, less the appropriations
made in Section 4.02, will be deposited in a separate fund (the "Refunding Fund ") to be used solely to
redeem and prepay the Refunded Bonds in accordance with Section 5 hereof, and to pay an allocable
share of costs of issuance of the Bonds. Any balance remaining in the Refunding Fund after the
redemption of the Refunded Bonds and payment of costs of issuance shall be deposited in the Refunding
412159v2 SJB LN140 -108
7
Account of the Debt Service Fund created herein for the Bonds.
4.05. Pledge of Taxes. For the purpose of paying the principal of and interest on the Interchange
Portion of the Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable
property in the City, to be spread upon the tax rolls and collected with and as part of other general taxes of the
City. The Taxes will be credited to the Interchange Improvements Account in the Debt Service Fund above
provided and is in the years and amounts attached hereto as Exhibit C.
4.06. Debt Service Coverage. (a) It is determined that the estimated collection of the foregoing
Taxes heretofore pledged will produce at least five percent in excess of the amount needed to meet when due,
the principal and interest payments on the Interchange Portion of the Bonds. The tax levy herein provided
will be irrepealable until all of the Interchange Portion of the Bonds are paid, provided that at the time the
City makes its annual tax levies the City Finance Director may certify to the - Manager of Property Records
and Taxation of Anoka County the amount available in the Interchange Improvements Account of the Debt
Service Fund to pay principal and interest due with respect to the Interchange Portion of the Bonds during the
ensuing- year, and the County Manager of Property Records and Taxation of Anoka County will thereupon
reduce the levy collectible during such year by the amount so certified.
(b) It is determined that the estimated collection of the Assessments heretofore pledged will produce
at least five percent in excess of the amount needed to meet when due the principal and interest payments on
the Refunding Portion of the Bonds, and therefore no tax levy is currently required with respect to that
portion of the Bonds.
4.07. Registration of Resolution. The City Administrator is authorized and directed to file a
certified copy of this resolution with the Manager of Property Records and Taxation of Anoka County and to
obtain the certificate required by Minnesota Statutes, Section 475.63.
Section 5. Refunding, Findings; Redemption of Refunded Bonds.
5.01. Purpose of Refunding. The Refunded Bonds are the General Obligation Improvement and
Refunding Bonds, Series 2003A, of the City, dated December 1, 2003, of which $425,000 in principal
amount is callable on February 1, 2013. It is hereby found and determined that based upon information
presently available from the City's financial advisers, the issuance of the Bonds is consistent with covenants
made -with the holders of the Refunded Bonds -and is necessary and desirable for the reduction -of debt service
cost to the municipality.
5.02. Application of Proceeds of Refunding Portion of Bonds. It is hereby found and
determined that the proceeds of the Refunding Portion of the Bonds deposited in the Refunding Fund will
be sufficient to prepay all of the principal of, interest on and redemption premium (if any) on the
Refunded Bonds.
5.03. Redemption; Date of Redemption; Notice of Call for Redemption. The Refunded Bonds
maturing on February 1, 2014 and thereafter will be redeemed and prepaid on February 1, 2013. The
Refunded Bonds will be redeemed and prepaid in accordance with their terms and in accordance with the
terms and conditions set forth in the forms of Notice of Call for Redemption attached hereto as Exhibit D
which terms and conditions are hereby approved and incorporated herein by reference. The Registrar for the
Refunded Bonds is authorized and directed to send a copy of the Notice of Redemption to each registered
holder of the Refunded Bonds.
Section 6. Authentication of Transcript.
412159v2 SJB LN140 -108
8
6.01. 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, will be deemed
representations of the City as to the facts stated therein.
6.02. Certification as to Official Statement. The Mayor and City Administrator are authorized and
directed to certify that they have examined the 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 Official Statement is
a complete and accurate representation of the facts and representations made therein as of the date of the
Official Statement.
Section 7. Tax Covenants.
7.01. Tax- Exempt Bonds. The City covenants and agrees with the holders from time to time of
the Bonds that it will 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 taxation under the Internal Revenue Code
of 1986, as amended (the "Code "), and the Treasury Regulations promulgated thereunder, in effect at the time
of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action
within its power that may be necessary to ensure that such interest will not become subject to taxation under
the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made
applicable to the Bonds. To that end, the City will comply with all 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.
7.02. No Rebate. For purposes of qualifying for the small issuer exception to the federal arbitrage
rebate requirements, the City hereby finds, determines, and declares that :
(a) the aggregate face amount of all tax- exempt bonds (other than private activity bonds) issued by
the City (and alLsubordinate entities of the City) during the calendar year in which-the Bonds are issued and
outstanding at one time is not_reasonably expected to exceed $5,000,000, all within the meaning of Section
148(f)(4)(D) of the Code, and therefore the Interchange Portion of the Bonds qualifies for the small - issuer
exception to federal arbitrage rebate requirements; and
(b) The Refunding Portion of the Bonds qualifies for the small issuer exception to the federal
arbitrage rebate requirements because:
(i) the outstanding Refunded Bonds are entirely allocable to the financing of
new improvements, and such new money portion of the Refunded Bonds was eligible for
the small issue exception;
(ii) the average maturity of the Refunding Portion of the Bonds does not exceed
the remaining average maturity of the Refunded Bonds; and
(iii) no maturity of the Refunding Portion of the Bonds has a maturity date
which is later than the date which is 30 years after the date the Refunded Bonds were issued.
412159v2 SJB LN140 -108
9
7.03. 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
"private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code.
7.04. 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 2012 will not exceed $10,000,000;
(d) not more than $10,000,000 of obligations issued by the City during calendar year
2012 have been designated for purposes of Section 265(b)(3) of the Code.
7.05. Procedural Requirements. The City will use its best efforts to comply with any federal
procedural requirements which may apply in order to effectuate the designations made by this section.
Section 8. Book -Entry System; Limited Obligation of City.
8.01. DTC. The Bonds will 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 1.03 hereof. Upon initial issuance,
the ownership of each Bond will 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 will be registered in the
registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC.
8.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar
in the name of Cede & Co., as uoniinee of DTC, the City, the_ Regis'tial, and the Paying Agent will 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 registration books kept by the Registrar as the holder and absolute
owner of such Bond for the purpose of payment of principal, premium and 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 will 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
will 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 registration books kept by the Registrar, will receive
412159v2 SJB LN140 -108
10
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.," will refer to such new nominee of DTC; and upon receipt of such a
notice, the City Administrator will promptly deliver a copy of the same to the Registrar and Paying Agent.
8.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket
Issuer Letter of Representations (the "Representation Letter ") which will 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 will 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.
8.04. Transfers Outside Book -Entry -System. In the event the City, by resolution of the City
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 will notify DTC, whereupon DTC will notify the
Participants, of the availability through DTC of Bond certificates. In such event the City will 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 will issue and the
Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will
apply to the transfer, exchange and method of payment thereof.
8.05. 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 will
be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in
the Representation Letter.
Section 9. Continuing Disclosure.
9.01. 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.
9.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby
covenants and agrees that it will 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.
Section 10. Defeasance. When all 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 will 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 will 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.
412159v2 SJB LN140 -108
11
Adopted by the Council of the City of Lino Lakes this 22nd day of October, 2012.
The motion for the adoption of the foregoing resolution was introduced by Council Member
and was duly seconded by Council Member and upon vote being
taken thereon, the following voted in favor thereof:
The following voted against same:
ATTEST:
Julianne Bartell, City Clerk
412159v2 SJB LNI40 -108
12
Jeff Reinert, Mayor
AWARD:
SALE:
EXHIBIT A
PROPOSALS
Springsted
Springsted Incorporated
380 Jackson Street, Suite 300
Saint Paul, MN 55101-2887
TeL 651-223-3000
Fax: 651-223-3002
Email advisorsespringsted.com
worm spnngsted.com
$2,030,00Cta
CITY OF LINO LAKES, MINNESOTA
GENERAL OBLIGATION BONDS, SERIES 2012A
(BOOK ENTRY ONLY)
UNITED BANKERS' BANK
October 22, 2012
Moody's Rating: Aa2
Bidder
Interest
Rates
Price
Net Interest True Interest
Cost Rate
UNITED BANKERS' BANK
UMB BANK, N.A.
412159v2 SJB L1\1140-108
040¼ 2014-2015
0.50% 2016
065% 2017
0.80% 2018
1.00% 2019
1.15% 2020
1.30% 2021
1.40% 2022
155¼ 2023
1.65% 2024
0.50% 2014-2015
0 60% 2016
0.75% 207
0.90% 2018
1,05% 2019
1.20% 2020
1.35% 2021
1.50% 2022
1.60% 2023
1.75% 2024
A-1
$2,017,820 00
82.015,567.00
$158.169.08 1.2620%
8170,099.64 13584%
(Continued)
Public Sector Advisors
Bidder
Interest
Rates
Price
ROBERT W. BAIRD & COMPANY,
INCORPORATED
C.L. KING & ASSOCIATES
SAMCO CAPITAL MARKETS, INC.
LOOP CAPITAL MARKETS, LLC
EDWARD D. JONES & COMPANY
CRONIN & COMPANY, INC.
KILDARE CAPITAL
CREWS & ASSOCIATES
DAVENPORT & COMPANY LLC
WEDBUSH MORGAN SECURITIES
DOUGHERTY & COMPANY LLC
COUNTRY CLUB BANK
ADVISORS ASSET MANAGEMENT
ROSS, SINCLAIRE & ASSOCIATES
CASTLEOAK SECURITIES, L.P.
VINING-SPARKS IBG,
LIMITED PARTNERSHIP
ISAAK BOND INVESTMENTS INC.
RAYMOND JAMES & ASSOCIATES, INC
BOSC, INC.
NORTHLAND SECURITIES
2.00% 2014-2024 $2103129.45
1.00% 2014-2018
1.50% 2019-2020
2.00% 2021-2024
2.00% 2014-2024
2.00% 2014-2024
$2,054646.23
$2,098,981 15
$2,096,105.40
Net Interest True interest
Cost Rate
$177 141 66 1.3822%
$178.154.88 1.4046%
$181,289.96 1.4164%
$184,165.71 1.4402%
These Bonds are being reoffered at Par.
* Subsequent to bid opening, the issue size decreased from $2,030,.000 to $2, 015,000.
412159v2 SJB LN140-108
A-2
BBI: 3.68%
Average Maturity: 6.164 Years
No. R-
EXHIBIT B
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF LINO LAKES
GENERAL OBLIGATION BOND
SERIES 2012A
Date of
Rate Maturity Original Issue
February 1, 20 November 15, 2012
Registered Owner: Cede & Co.
CUSIP
The City of Lino Lakes, Minnesota, 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 sum of $ 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 August 1, 2013, 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 U.S. Bank National Association, St. Paul, Minnesota, as
Registrar, Paying Agent, Transfer 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, 2021, and on any date thereafter to prepay Bonds due on or after
February 1,2022. Redemption may be in whole or in -part and if in part, at the option of-the City and in such
order as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will
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 will then select by lot the beneficial ownership interests in such maturity to be redeemed.]
Prepayments will be at a price of par plus accrued interest.
The Bonds maturing on February 1, 2015 shall hereinafter be referred to collectively as the "Term
Bonds." The principal amounts of the Term Bonds subject to mandatory sinking fund redemption on any
date may be reduced through earlier optional redemptions, with any partial redemptions of the Term
Bonds credited against future mandatory sinking fund redemptions of such Term Bonds in such order as
the City shall determine The Term Bonds are subject to mandatory sinking fund redemption and shall be
redeemed in part by lot at par plus accrued interest on the sinking fund installment dates and in the
principal amounts as follows:
412159v2 SJB LNI40 -108
B -1
Principal Amount
Sinking Fund Installation Date Interchange Portion Refunding Portion
February 1, 2015 Term Bonds
2014 $70,000
2015 (maturity) $15_ 0,000 70,000
This Bond is one of an issue in the aggregate principal amount of $2,015,000 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 October 22, 2012 (the "Resolution "), for the purpose of
providing money to aid in financing the cost of (i) road interchange improvements within the City; and (ii)
refund the February 1, 2014 through February 1, 2019 maturities of the City's General Obligation
Improvement and Refunding Bonds, Series 2003A, dated December 1, 2003, pursuant to and in full
conformity with the home rule charter of the -City and the Constitution and laws of the State of Minnesota,
including Minnesota Statutes, Chapter 475, and (with respect to the interchange improvements) pursuant to
authority granted by the voters of the City at a duly called and regularly held election, and the principal hereof
and interest hereon are payable in part from special assessments and 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 assessments or taxes, 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 Council 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 disallowance of interest expense for fmancial institutions and within the
$10 million limit allowed by the Code for the calendar year of issue.
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 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 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 anew 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 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 Registrar will be affected by any notice to the contrary.
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, statutory or charter limitation of
indebtedness.
412159v2 SJB LNI40 -108
B -2
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 Registrar by manual
signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Lino Lakes, 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: November , 2012
CITY OF LINO LAKES, MINNESOTA
(Facsimil e) (Facsimile)
Mayor City Administrator
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
By
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Bond, will be construed
as though they were written -out in full according to applicable laws or regulations:
TEN COM -- as tenants in common UNIF GIFT MIN ACT
Custodian
(Cust) (Minor)
TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors
Act, State of
JT TEN -- as joint tenants with right of
survivorship and not as tenants in common
Additional abbreviations may also be used though not in the above list.
412159v2 SJB LN140 -108
ASSIGNMENT
B -3
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:
Signature Guaranteed:
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.
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 effect transfer of 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 social security or other identifying
number of assignee
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.
412159v2 SJB LN140 -108
B -4
Date of Registration
412159v2 SJB LN140 -108
Signature of
Registered Owner Officer of Registrar
[Cede & Co.
Federal ID #13- 2555119]
B -5
EXHIBIT C
TAX LEVY SCHEDULE
FOR INTERCHANGE PORTION OF SERIES 2012A BONDS
YEAR * TAX LEVY
* Year tax levy collected.
412159v2 SJB LN140 -108
2014 $174,943.13
2015 179,563.13
2016 178,749.36
2017 177,691.50
2018 176,389.50
2019 180,012.00
2020 178,080.00
2021 175,896.00
2022 178,794.00
2023 176,108.63
C-1
EXHIBIT D
NOTICE OF CALL FOR REDEMPTION
$2,120,000
GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BONDS, SERIES 2003A
CITY OF LINO LAKES
ANOKA COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that, by order of the City Council- of the City of Lino Lakes, Anoka
County, Minnesota, there have been called for redemption and prepayment on
FEBRUARY 1, 2013
all outstanding bonds of the City designated as General Obligation Improvement and Refunding Bonds,
Series 2003A, dated December 1, 2003, having stated maturity dates of February 1 in the years 2014 through
2019, both inclusive, totaling $425,000 in principal amount, and with the following CUSIP numbers:
Year
2015*
2017*
2019*
Amount
$130,000
140,000
155,000
CUSIP
536060 HB5
536060 HD1
536060 HF6
The bonds are being called at a price of par plus accrued interest to February 1, 2013, on which date
all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are
requested to present their bonds for payment-at the main office of U.S. Bank National Association, St. Paul,
Minnesota, on or before to February 1, 2013.
If by mail:
IJ.S. BankNational Association
Corporate Trust Operations
60 Livingston Avenue
EP- MN -WS3C
St. Paul, MN 55107
If by hand:
U.S. Bank National Association
60 LivingstorrAvenue
3`1 Floor — Bond Drop Window
St. -Paul, MN 55107
Important Notice: In compliance with the Jobs and Growth Tax Relief Reconciliation Act of 2003,
federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time
the payment by the redeeming institutions if they are not provided with your social security number or federal
employer identification number, properly certified. This requirement is fulfilled by submitting a W -9 Form,
which may be obtained at a bank or other financial institution.
The Registrar will not be responsible for the selection or use of the CUSIP number, nor is any
representation made as to the correctness indicated in the Redemption Notice or on any Bond. It is included
solely for convenience of the Holders.
412159v2 SJB LN140 -108
D -1
Dated: October 22, 2012
412159v2 SJB LN140 -108
D -2
BY ORDER OF THE CITY COUNCIL
By /s/ Jeff Karlson
City Administrator
City of Lino Lakes, Minnesota
STATE OF MINNESOTA )
) SS.
COUNTY OF ANOKA
I, the undersigned, being the duly qualified and acting City Clerk of the City of Lino Lakes,
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 October 22, 2012, 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 2012A, in an aggregate
principal amount of $2,015,000.
WITNESS My hand officially as such Clerk and the corporate seal of the City this 22nd day of
October, 2012.
City Clerk
Lino Lakes, Minnesota
(SEAL)
412159v2 SJB LN140 -108
•
CITY COUNCIL
AGENDA ITEM 2B
STAFF ORIGINATOR: Al Rolek
MEETING DATE: October 22, 2012
TOPIC: Consider Resolution No. 12 -106 Approving Post - Issuance Compliance
Procedure And Policy For Tax- Exempt Governmental Bonds
VOTE REQUIRED: 3/5
INTRODUCTION
The City's Bond Counsel has determined that for purposes of reporting bond sale information to
the Internal Revenue Service (IRS) and for ongoing reporting requirements it would be prudent
for the City to adopt a formal post - issuance compliance procedure and policy for city- issued tax
exempt bonds.
BACKGROUND
In order for the Series 2012A Bonds to retain their tax - exempt status, the City is required to
comply with various rules after the bonds have closed. In a letter to staff, Bond Counsel Steve
Bubul of Kennedy and Graven points out two key rules as follows:
1. Issuers must ensure that the facilities financed with proceeds of the bonds
continue to be used for public purposes. If the use is later change to a private use (or certain
other things happen that would render the bonds taxable), the issuer must take a "remedial
action" to prevent the bonds from losing their tax- exempt status. Usually, this means all or a
portion of the bonds must be - redeemed or defeased.
2. Issuer must also ensure that proceeds of the bonds are used in a way that complies
with complex rules under Section 148 of the Code governing "arbitrage:" Arbitrage is the term
for what happens if the City invests proceeds of tax- exempt bonds at a higher rate than the
interest payable on the bonds. In some cases, the City may in fact earn this arbitrage, but still
must rebate the amounts earned to the federal government.
While the City is not technically required to have written procedures on these matters, the new
IRS Form 8038 -G provides strong incentive to adopt such procedures, as it will not be in the
City's interest to file the new form without checking "yes" in these two boxes. The procedures
help show the IRS that the City has a strategy for compliance with the rules described above.
The draft Policy responds to the IRS concerns. It generally designates the Finance Director as
the City staff person responsible to oversee compliance with the various post - issuance rules. The
Policy recognizes that the City's financial advisor and bond counsel will play significant roles in
410219v1 SJB LN140 -108
• these efforts, both assisting City staff, and in some cases undertaking certain tasks directly.
The Policy simply puts in writing what the City has done (and should do) as a matter of practice.
This does not represent a significant Policy change, but merely formalizes how the City will
ensure the continued tax- exempt status of the governmental bonds it issues.
RECOMMENDATION
Staff recommends adoption of Resolution No. 12 -106.
ATTACHMENTS
Resolution No. 12 -106
Post - Issuance Compliance Procedure And Policy
For Tax - Exempt Governmental Bonds
•
•
•
•
•
CITY OF LINO LAKES, MINNESOTA
RESOLUTION NO. 12-106
RESOLUTION APPROVING POST - ISSUANCE COMPLIANCE
PROCEDURE AND POLICY FOR TAX - EXEMPT GOVERNMENTAL BONDS
BE IT RESOLVED By the City Council (the "Council ") of the City of Lino Lakes, Minnesota
( "City ") as follows:
Section 1. Recitals.
1.01. The -City from time to time issues tax- exempt governmental bonds to fmance various public
projects.
1.02. Under Sections 103 and 140 to 150 of the Internal Revenue Code of 1986, as amended (the
"Code ") and related regulations, the City is required to take certain actions after the issuance of such bonds to
ensure that interest on those bonds remains tax- exempt.
1.03. The City has determined to adopt written procedures regarding how the City will carry out
its bond compliance responsibilities, and to that end has caused to be prepared a document titled
Post - Issuance Compliance Procedure and Policy for Tax- Exempt Governmental Bonds (the "Policy ").
1.04. The Council has reviewed the Policy has determined that it is in the best interest of the City
to adopt the Policy.
Section 2. Policy Approved.
2.01. The Council approves the Policy in substantially the form on file in City Hall.
2.02. City staff are authorized to take all actions necessary to carry out the Policy.
Adopted by the Council of the City of Lino Lakes_ this 22nd day of October, 2012.
The motion for the adoption of the foregoing resolution was introduced by Council Member
and was duly seconded by Council Member and upon vote being taken
thereon, the following voted in favor thereof:
The following voted against same:
ATTEST:
Julianne Bartell, City Clerk
Jeff Reinert, Mayor
•
•
CITY OF LINO LAKES, MINNESOTA
POST - ISSUANCE COMPLIANCE PROCEDURE AND POLICY
FOR TAX - EXEMPT GOVERNMENTAL BONDS
Adopted October 22, 2012
410220v1 SJB LN140 -108
•
•
Post - Issuance Compliance Procedure and Policy
for Tax- Exempt Governmental Bonds
The City of Lino Lakes, Minnesota (the "Issuer ") issues tax - exempt governmental bonds
( "TEBs ") to finance capital improvements. As an issuer of TEBs, the Issuer is required by the terms of
Sections 103 and 141 -150 of the Internal Revenue Code of 1986, as amended (the "Code "), and the
Treasury Regulations promulgated thereunder (the "Treasury Regulations "), to take certain actions after
the issuance of TEBs to ensure the continuing tax- exempt status of such bonds. In addition, Section 6001
of the Code and Section 1.6001 -1(a) of the Treasury Regulations impose record retention requirements on
the Issuer with respect to its TEBs. This Post - Issuance Compliance Procedure and Policy for Tax -
Exempt Governmental Bonds (the "Policy ") has been approved and adopted by the Issuer to ensure that
the Issuer complies with its post - issuance compliance obligations under applicable provisions of the Code
and Treasury Regulations.
1. Effective Date and Term. The effective date of this Policy is the date of approval by the
City Council of the Issuer (October 22, 2012) and this Policy shall remain in effect until superseded or
terminated by action of the Board of Commissioners of the Issuer.
2. Responsible Parties. The Finance Director of the City of Lino Lakes, Minnesota (the
"Compliance Officer") shall be the party primarily responsible for ensuring that the Issuer successfully
carries out its post - issuance compliance requirements under applicable provisions of the Code and
Treasury Regulations. The Compliance Officer will be assisted by the staff of the Finance Department of
the Issuer and by other Issuer staff and officials when appropriate. The Compliance Officer of the Issuer
will also be assisted in carrying out post- issuance compliance requirements by the following
organizations:
(a) Bond Counsel (as of the date of approval of this Policy, bond counsel for the
Issuer is Kennedy & Graven, Chartered);
(b) Financial Advisor (the person, organization, or officer of the Issuer primarily
responsible for providing financial advisory services to the Issuer; as of the date of approval of
this Policy, the financial advisor of the Issuer is Springsted Incorporated);
(c) Paying Agent (the person, organization, or officer of the Issuer primarily
responsible for providing paying agent services for the Issuer); and
(d) Rebate Analyst (the organization primarily responsible for providing rebate
analyst services for the Issuer).
The Compliance Officer shall be responsible for assigning post - issuance compliance responsibilities to
other staff of the Issuer, Bond Counsel, Paying Agent, and Rebate Analyst. The Compliance Officer shall
utilize such other professional service organizations as are necessary to ensure compliance with the post -
issuance compliance requirements of the Issuer. The Compliance Officer shall provide training and
educational resources to Issuer staff responsible for ensuring compliance with any portion of the post -
issuance compliance requirements of this Policy.
3. Post - Issuance Compliance Actions. The Compliance Officer shall take the following
post- issuance compliance actions or shall verify that the following post - issuance compliance actions have
been taken on behalf of the Issuer with respect to each issue of TEBs:
410220v1 SJB LN140 -108
• (a) The Compliance Officer shall prepare a transcript of principal documents (this
action will primarily be the responsibility of Bond Counsel or the Financial Advisor).
•
•
(b) The Compliance Officer shall file with the Internal Revenue Service (the "IRS "),
within the time limit imposed by Section 149(e) of the Code and applicable Treasury Regulations,
an Information Return for Tax- Exempt Governmental Obligations, Form 8038 -G (this action will
be the primary responsibility of Bond Counsel).
(c) The Compliance Officer (in consultation with the Financial Advisor and Bond
Counsel) shall prepare an "allocation memorandum" for each issue of TEBs in accordance with
the provisions of Treasury Regulations, Section 1.148- 6(d)(1), that accounts for the allocation of
the proceeds of the tax- exempt bonds to expenditures not later than the earlier of:
(i) 18 months after the later of (A) the date the expenditure is paid, or (B) the date
the project, if any, that is financed by the tax- exempt bond issue is placed in service; or
(ii) 60 days after the earlier of (A) the fifth anniversary of the issue date of the
tax- exempt bond issue, or (B) the date 60 days after the retirement of the tax - exempt
bond issue.
(d) The Compliance Officer, in consultation with Bond Counsel, shall identify
proceeds of TEBs that must be yield - restricted and shall monitor the investments of any yield -
restricted funds to ensure that the yield on such investments does not exceed the yield to which
such investments are restricted.
(e) In consultation with Bond Counsel, the Compliance Officer shall determine
whether the Issuer is subject to the rebate requirements of Section 148(f) of the Code with respect
to each issue of TEBs. In consultation with Bond Counsel, the Compliance Officer shall
determine, with respect to each issue of TEBs of the Issuer, whether the Issuer is eligible for any
of the temporary periods for unrestricted investments and is eligible for any of the spending
exceptions to the rebate requirements. The Compliance Officer shall contact the Rebate Analyst
(and, if appropriate, Bond Counsel) prior to the fifth anniversary of the date of issuance of each
issue of TEBs of the Issuer which are subject to such rebate requirements, and each fifth
anniversary thereafter, to arrange for calculations of the rebate requirements with respect to such
TEBs. If a rebate payment is required to be paid by the Issuer, the Compliance Officer shall
prepare or cause to be prepared the Arbitrage Rebate, Yield Reduction and Penalty in Lieu of
Arbitrage Rebate, Form 8038 -T, and submit such Form 8038 -T to the IR-S with the required
rebate payment. If the Issuer is authorized to recover a rebate payment previously paid, the
Compliance Officer shall prepare or cause to be prepared the Request for Recovery of
Overpayments Under Arbitrage Rebate Provisions, Form 8038 -R, with respect to such rebate
recovery, and submit such Form 8038 -R to the IRS.
4. Procedures for Monitoring, Verification, and Inspections. The Compliance Officer shall
institute such procedures as the Compliance Officer shall deem necessary and appropriate to monitor the
use of the proceeds of TEBs issued by the Issuer, to verify that certain post - issuance compliance actions
have been taken by the Issuer, and to provide for the inspection of the facilities financed with the
proceeds of such bonds. At a minimum, the Compliance Officer shall establish the following procedures:
(a) The Compliance Officer shall monitor the use of the proceeds of TEBs to: (i)
ensure compliance with the expenditure and investment requirements under the temporary period
provisions set forth in Treasury Regulations, Section 1.148 -2(e); (ii) ensure compliance with the
410220v1 SJB LN140 -108
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•
•
safe harbor restrictions on the acquisition of investments set forth in Treasury Regulations,
Section 1.148 -5(d); (iii) ensure that the investments of any yield - restricted funds do not exceed
the yield to which such investments are restricted; and (iv) determine whether there has been
compliance with the spend -down requirements under the spending exceptions to the rebate
requirements set forth in Treasury Regulations, Section 1.148 -7.
(b) The Compliance Officer shall monitor the use of all bond - financed facilities in
order to: (i) determine whether private business uses of bond - financed facilities have exceeded
the limits set forth in Section 141(b) of the Code as a result of leases and subleases, licenses,
management contracts, research contracts, naming rights agreements, or other arrangements that
provide special legal entitlements to nongovernmental persons; and (ii) determine whether private
security or payments that exceed the limits set forth in Section 141(b) of the Code have been
provided by nongovernmental persons with respect to such bond - financed facilities. The
Compliance Officer shall provide training and educational resources to any Issuer staff who have
the primary responsibility for the operation, maintenance, or inspection of bond - financed
facilities with regard to the limitations on the private business use of bond - financed facilities and
as to the limitations on the private security or payments with respect to bond - financed facilities.
(c) The Compliance Officer shall undertake the following with respect to each
outstanding issue of TEBs of the Issuer: (i) an annual review of the books and records
maintained by the Issuer with respect to such bonds; and (ii) an annual physical inspection of the
facilities financed with the proceeds of such bonds, conducted by the Compliance Officer with
the assistance with any Issuer staff who have the primary responsibility for the operation,
maintenance, or inspection of such bond - financed facilities.
5. Record Retention Requirements. The Compliance Officer shall collect and retain the
following records, if applicable, with respect to each issue of TEBs of the Issuer and with respect to the
facilities financed with the proceeds of such bonds: (i) audited financial statements of the Issuer;
(ii) appraisals, demand surveys, or feasibility studies with respect to the facilities to be financed with the
proceeds of such bonds; (iii) publications and brochures related to the bond financing; (iv) trustee or
paying agent statements; (v) records of all investments and the gains (or losses) from such investments;
(vi) paying agent or trustee statements regarding investments and investment earnings;
(vii) reimbursement resolutions and expenditures reimbursed with the proceeds of such bonds; (viii)
allocations of proceeds to expenditures (including costs of issuance)- and the dates and amounts of such
expenditures (including requisitions, draw schedules, draw requests, invoices, bills, and cancelled checks
with respect to such expenditures); (ix) contracts entered into for the construction, renovation, or purchase
of bond - financed facilities; (x) an asset list or schedule of all bond- financed depreciable property and any
depreciation schedules with respect to such assets or property; (xi) records of the purchases and sales of
bond - financed assets; (xii) private business uses of bond - financed facilities that arise subsequent to the
date of issue through leases and subleases, licenses, management contracts, research contracts, naming
rights agreements, or other arrangements that provide special legal entitlements to nongovernmental
persons and copies of any such agreements or instruments; (xiii) arbitrage rebate reports and records of
rebate and yield reduction payments; (xiv) resolutions or other actions taken by the governing body
subsequent to the date of issue with respect to such bonds; (xv) formal elections authorized by the Code
or Treasury Regulations that are taken with respect to such bonds; (xvi) relevant correspondence relating
to such bonds; (xvii) documents related to guaranteed investment contracts or certificates of deposit,
credit enhancement transactions, and financial derivatives entered into subsequent to the date of issue;
(xviii) copies of all Form 8038Ts and Form 8038 -Rs filed with the IRS; and (xix) the transcript prepared
with respect to such TEBs.
410220v1 SJB LN140 -108
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•
The records collected by the issuer shall be stored in any format deemed appropriate by the
Compliance Officer and shall be retained for a period equal to the life of the TEBs with respect to which
the records are collected (which shall include the life of any bonds issued to refund any portion of such
TEBs or to refund any refunding bonds) plus 3 years.
6. Remedies. In consultation with Bond Counsel, the Compliance Officer shall become
acquainted with the remedial actions under Treasury Regulations, Section 1.141 -12, to be utilized in the
event that private business use of bond - financed facilities exceeds the limits under Section 141(b)(1) of
the Code. In consultation with Bond Counsel, the Compliance Officer shall become acquainted with the
Tax Exempt Bonds Voluntary Closing Agreement Program described in Notice 2008 -31, 2008 -11 I.R.B.
592, to be utilized as a means for an issuer to correct any post- issuance infractions of the Code and
Treasury Regulations with respect to outstanding tax- exempt bonds.
7. Continuing Disclosure Obligations. In addition to its post - issuance compliance
requirements under applicable provisions of the Code and Treasury Regulations, the Issuer has agreed to
provide continuing disclosure, such as annual financial information and material event notices, pursuant
to a continuing disclosure certificate or similar document (the "Continuing Disclosure Document ")
prepared by Bond Counsel and made a part of the transcript with respect to each issue of bonds of the
Issuer that is subject to such continuing disclosure requirements. The Continuing Disclosure Documents
are executed by the Issuer to assist the underwriters of the Issuer's bonds in meeting their obligations
under Securities and Exchange Commission Regulation, 17 C.F.R. Section 240.15c2 -12, as in effect and
interpreted from time to time ( "Rule 15c2 -12 "). The continuing disclosure obligations of the Issuer are
governed by the Continuing Disclosure Documents and by the terms of Rule 15c2 -12. The Compliance
Officer is primarily responsible for undertaking such continuing disclosure obligations and to monitor
compliance with such obligations.
8. Other Post - Issuance Actions. If, in consultation with Bond Counsel, Financial Advisor,
Paying Agent, Rebate Analyst, or the Board of Commissioners, the Compliance Officer determines that
any additional action not identified in this Policy must be taken by the Compliance Officer to ensure the
continuing tax- exempt status of any issue of governmental bonds of the Issuer, the Compliance Officer
shall take such action if the Compliance Officer has the authority to do so. If, after consultation with
Bond Counsel, Financial Advisor, Paying Agent, Rebate Analyst, or the Board of Commissioners, the
Compliance Officer and the Administrator determine that this Policy must be amended or supplemented
_to ensure the continuing tax - exempt status of any issue- of governmental bonds of the Issuer, the
Administrator shall recommend to the Board of Commissioners that this Policy be so amended or
supplemented.
9. Taxable Governmental Bonds. Most of the provisions of this Policy, other than the
provisions of Section- 7, are not applicable to governmental bonds the interest on which is included in
gross income for federal income tax purposes. On the other hand, if an issue of taxable governmental
bonds is later refunded with the proceeds of an issue of tax- exempt governmental refunding bonds, then
the uses of the proceeds of the taxable governmental bonds and the uses of the facilities financed with the
proceeds of the taxable governmental bonds will be relevant to the tax- exempt status of the governmental
refunding bonds. Therefore, if there is any reasonable possibility that an issue of taxable governmental
bonds may be refunded, in whole or in part, with the proceeds of an issue of TEBs, then for purposes of
this Policy, the Compliance Officer shall treat the issue of taxable governmental bonds as if such issue
were an issue of TEBs and shall carry out and comply with the requirements of this Policy with respect to
such taxable governmental bonds. The Compliance Officer shall seek the advice of Bond Counsel as to
whether there is any reasonable possibility of issuing TEBs to refund an issue of taxable governmental
bonds.
410220v1 SJB LN140 -108
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•
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STAFF ORIGINATOR:
MEETING DATE:
TOPIC:
VOTE REQUIRED:
INTRODUCTION
CITY COUNCIL
AGENDA ITEM 6A
Mary Alice Divine
October 22, 2012
Consideration of Resolution No. 12 -108 Approving Twin City
Gateway Budget for 2013
3/5
Twin Cities Gateway (TCG), the Convention and Tourism Bureau serving the northeast metro
area, has established its 2013 budget. According to its by -laws, the annual budget shall be
reviewed by each member city. Attached is the proposed FY13 Budget. The budget was
approved by the TCG Board of Directors and will be effective from January 1, 2013 —
December 31, 2013.
BACKGROUND
Highlights of the 2013 budget include:
• The proposed budget for FY13 is $750,000, which represents significant growth during
the organization's first two full years of operation (for comparison, the FY11 Budget
was $569,921)
• The organization continues to be in a strong financial position with an estimated fund
reserve of $353,879 at the close of fiscal year. Given the continuing economic
uncertainty, the Board budgets conservatively and has authorized the set -aside of
$250,000 of the fund reserve for investment in a longer term, higher yield investment
account.
• Per Board of Directors direction, 20% of the proposed- budget is for operating expenses,
administrative and overhead costs and 80% is for marketing & promotional programs.
• The Board authorized the continuation of the Member City Grant program and
participating member cities can anticipate comparable budgets from TCG for FY13.
This funding is to promote and market member cities' annual community festival. The
grant funding for FY12 to Lino Lakes was $6,552.
• The Regional Grant program has also been re- funded to provide start-up and marketing
assistance for new events or activities that will have impact(s) in more than one member
city.
• FY12 year -to -date lodging tax receipts from the nine member cities continue to trend
favorably upward and are currently running approximately 5% -6% ahead of FY11.
The bulk of 2012 revenues will be spent for operations; sports marketing, regional destination
marketing and a regional marketing grant program.
RECOMMENDATION
Approve Resolution No. 12 -108 Approving the 2013 Budget for Twin Cities Gateway.
ATTACHMENTS
1. Resolution No. 12 -108
2. Twin City proposed budget for 2013
3. Summary of Cities Hotel Tax Collection through July 2012
4. Summary of TCG Visitor Profile conducted by U of M Tourism Center
•
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CITY OF LINO LAKES
RESOLUTION NO. 12 -108
APPROVING TWIN CITIES GATEWAY BUDGET FOR 2013
WHEREAS , the City of Lino Lakes approved the creation of Chapter 607 of the City Code
Relating to a Tax Imposed upon Lodging on October 12, 2009; and
WHEREAS, the Lodging Tax is to be used to support Twin Cities Gateway for the purpose of
promoting and marketing the participating Member Cities; and
WHEREAS, Article XV, Section 6 of the MN Metro North Tourism By -laws state that the
annual budget of estimated income, income expense and capital expense shall be approved by
the Board of Directors and submitted to a Member City's city council;
NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes,
Minnesota: The Lino Lakes City Council adopts this resolution supporting the Twin Cities
Gateway budget for 2013.
Adopted by the Council of the City of Lino Lakes this 22nd day of October, 2012.
The motion for the adoption of the foregoing resolution was introduced by Council Member
and was duly seconded by Council Member and upon vote being
taken thereon, the following voted in favor thereof:
The following voted against same:
ATTEST:
Julianne Bartell, City Clerk
Jeff Reinert, Mayor
•
•
•
TWIN CITIES GATEWAY
2013 BUDGET
Approved by Board of Directors
September 25, 2012
2011
2012
2013
Actual
Budget
Budget
FUND RESERVE AT BEGINNING OF YEAR
$ 255,461
$ 359,301
$ 399,679
REVENUES AND OTHER SOURCES
Lodging Taxes
$ 673,559
$ 675,000
$ 700,D00
Grants
-
9,000
4,000
Investment income
202
200
200
Other
-
-
-
673, 761
684,200
704,200
OPERATING EXPENDITURES
Management contract
86,346
100,000
100,000
Other administrative costs
15,221
35,000
35,000
Blaine (Fiscal Agent)
6,513
7,500
12,000
Organizational insurance
-
2,000
2,000
Organizational memberships
1,465
2,500
2,500
Contractual
-
-
-
MARKETING EXPENDITURES
Website enhancement/Social media
18,537
25,000
30,000
On -line Marketing
44,550
90,000
150,000
Promotions /collateral materials
27,673
30,000
30,000
Public /media relations
1,105
6,000
6,000
New Venue /Public Facilities promotion
19,947
20,000
-
Member City Grants
38,379
75,000
75,000
Meeting & conference marketing & promotion
48,743
36,200
47,500
Destination Marketing
150,301
100,000
100,000
Sports Marketing
70,000
80,000
85,000
Regional Grant program
41,141
100,000
75,000
TOTAL BUDGET
569,921
709,200
750,000
Revenue over (under) Expenditures
103,840
(25,000)
(45,800)
FUND RESERVE
$ 359,301
$ 334,301
$ 353,879
•
•
•
Total Cid= Sansmary
Hold Tax Ca
City afAnaa
City of Blaine
City of Coma Rapids
City &Fridley
City anon Late
City of Lino Lakes
City of Wands brier
City of New Brighton
City afShorewew
Total
2011
n_ Jolly
i 2,682.70
$ 35,864.60
$ 99,830.44
$ 19,363.55
i 9,378.84
$ 26,683.10
$ 30,168.94
i 43,308.03
$ 117,627.52
2012
Tirargh July
i 2,627.81
i 35,798.76
$ 107,742.27
$ 19,230.81
$ 10,286.99
i 28,242.00
$ 30,083.60
48,361.20
$ 124,052.01
S 384,90722 $ 406,425A5
lb
•
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Tourism Center
UNIVERSITY OF MINNESOTA
433 Coffey Hall
1320 Eckles Avenue
St. Paul, MN 55108 -6005
USA
612 624 4947
tourismna,umn.edu
www.tourism.umn.edu
September 2012
At A Glance:
TWIN C� Ij T I E S
GATE WAY
Gender
55% Female
Age
11% 18 -30
24% 31 — 40
29% 41 — 50
21% 51 -60
9% 61 -70
5% 71 or older
Income Level
17% $50,000 and less
45% $50,000 - $99,999
39% $100,000 and over
Residence
90% USA
48%
10%
7%
5%
4%
4%
8% Canada
Minnesota
Wisconsin
North Dakota
Iowa
South Dakota
Illinois
Past Experience
70% Repeat visitor
Lodging
65% Hotel/Motel/Historic Inn
25% Campground with fee
8% Home of a family or friend
Gateway Area Visitor Profile,
Summer 2012
Results from 385 surveys completed by a convenience
sample of visitors to the Gateway Area summer 2012.
Key Findings
Trip Purpose
35% Sport event
22% Visit family /friends
14% Atractions
10% Outdoor recreation
8% Wedding
6% Festival/Event
Trip Length
94% Overnight (Average 3 nights)
12% 1 night
38% 2 nights
27% 3 nights
8% 4 night
3% 5 nights
6% Day trip
Information Sources
62% Friends /family
42% Areatdestination website
14% Online travel site
11% Other
Online travel review
9%
Use of mobile and electronic media
53%
34%
31%
22%
13%
13%
Internet/websites
Smartphone
Facebook
Text message
Mobile apps
iPad/tablet
Party Type
51% Family
22% Family & friends
15% Couple/Partner
8% Friends
4% Alone
Activities
General:
75% Dining out
17% Sightseeing
14% Nightlife/Entertaining
9% Driving on designated
byways
1% Guided tour
Shopping: 45% any
26% General mall shopping
18% Mall of America
13% Outlet shopping
7% Arts /crafts/antiques
Visiting: 53% Any attraction
27% Visit friends /family
21% Water parks
12% Amusement parks
5% Historic sites
Attending:
24% Youth sports
14% Amateur /collegiate sports
6% Fair or festivals
Participating in:
29% Swimming/water sports
16% Hiking
13% Biking
7% Fishing
Contact the Tourism Center for your research needs — consultation through project implementation !
The Tourisn2 Center is a collaboration of the College of Food, Agricultural, & Natural Resource Sciences and U11N Extension
•
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CITY COUNCIL
AGENDA ITEM 6B
STAFF ORIGINATOR: Joe Langel, City Attorney
Michael Grochala, Community Development Dir.
MEETING DATE: October 22, 2012
TOPIC: Consider Resolution No. 12 -59, Establishing
Cartway, Otter Lake Drive
VOTE REQUIRED: 3/5
INTRODUCTION
The City received a petition from Mr. Adam Johnson, 2055 Otter Lake Drive, to establish a
cartway easement to provide access to a landlocked parcel he owns. Minnesota Statutes, Chapter
435.37 provides a process for the establishment of a cartway subject to certain minimum criteria.
Staff is requesting council consideration of Resolution No. 12 -59 establishing cartway and
determining damages.
BACKGROUND
The City Council held a public hearing on July 9, 2012, to consider a petition from Mr. Adam
Johnson, 2055 Otter Lake Drive, to establish a cartway to provide access to a landlocked parcel
he owns. At the work session on September 10, 2012, the Council requested additional
information from the parties, which was subsequently received. The council discussed the issues
at the October 8, 2012 and recommended a site visit to evaluate the cartway location. A special
meeting of the City Council was held on October 15, 2012 at location of the proposed cartway.
The following outlines the factors for creating a cartway and provides some guidance on
damages if a cartway is established. Additional information on wetland impacts is included
under the Cartway Location section.
Establishing a Cartvvav
In order for a petitioner's request for a cartway to be approved. the following statutory factors
must be satisfied:
1.) Own a tract of land containing at least five acres.
There is no question that the subject property satisfies the acreage requirement.
2.) No access except over a navigable waterway or over the lands of others, or the
existing access is less than 33 feet in width.
The subject property is bordered by the lands of others on three sides and by the
Otter Lake channel on the west side. The channel is a navigable waterway as that
term is used in this context.
The Homeowner's Association ( "HOA ") now argues that Mr. Johnson can access
the subject property via his own bridge, which they assert does not constitute
"access by navigable waterway," so a cartway is not required. This argument is
without merit.
The statute requires the establishment of a cartway if there is no access "except
over a navigable waterway or over the lands of others..." Minn. Stat § 435.37,
subd. 1(a). This means that if a property owner has to cross a navigable waterway
in some fashion, then he does not have adequate access and a cartway is to be
established. If a property owner could build a bridge, he is still going "over a
navigable waterway" and the test is satisfied. The methods available for crossing
are irrelevant. If a waterway exists and is navigable, the cartway statute treats it
in the same manner as if it was land owned by others. The Otter Lake channel
acts as a barrier to access and satisfies this element of the cartway statute.
With both the acreage and access requirements met, the statute requires that a
cartway be established.
Public use or purpose
The HOA continues to argue that establishment of a cartway is a taking and that all takings must
be for a public use or purpose, pursuant to Minnesota Statutes Chapter 117. Because the Council
previously indicated that it intended to retain private ownership of the HOA road and does not
want to spend public funds on it, the HOA claims that the City is precluded from establishing the
public cartway. This argument does not accurately reflect the law.
While establishing a- cartway is an exercise of eminent domain, it is not a taking under Chapter
117. The procedures and requirements contained within that eminent domain chapter do not
control the cartway process. Cartways are established under separate statutory authority.
Moreover, all cartways are for public use when initially established. Once constructed, the
landowner can consent to designating it a private driveway. Minn. Stat. § 435.37, subd. 1(e).
This was the hope and intent of the Council when the statement was made in March. If the HOA
will not provide such consent, then the cartway will have to remain public. That does not mean,
however, that it will be maintained by the City. The Council has indicated throughout this
process that it will not spend public funds to maintain the cartway and it is not required to do so.
Enormous Reaction/Small Problem
The HOA argues that establishing a cartway for Petitioner's limited use is overkill. The use of
the subject property however, is irrelevant. Petitioner made the decision as to the necessity for
the cartway when he submitted the petition. The City's role is to determine whether the statutory
2
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•
•
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•
requirements have been met to establish a cartway, and if so, then to determine the location of
the cartway and determine damages. The extent to which Petitioner uses the cartway is up to
him.
Cartwav Location
Petitioner Johnson requests that the cartway be coextensive with the HOA's existing driveway to
a point where the cartway turns to the northeast into the subject property. The driveway meets
the statutory requirement for a cartway that is two rods wide (see attached survey) without any
unused width.
The statute provides that an alternative route may be selected by the Council if the alternative is
deemed "less disruptive and damaging to the affected landowners and in the public's best
interest." Minn. Stat. § 435.37, subd. 1(b). Given the existing driveway and bridge, their
location relative to the subject property, and the minor amount of modifications required on the
HOA's property, no other route meets the statutory standard.
Wetlands
The issue of impacting wetlands from the driveway access was discussed during the city council
site visit. The majority of the subject property is identified as wetland in city and watershed
district data. Any proposed wetland impact would require a permit from the Rice Creek
Watershed District (RCWD) and possibly the Army Corp of Engineers.
While both state and federal laws provide a process for filling wetlands there are several factors
involved in the evaluation process. The first step would be to complete a wetland delineation to
determine the actual extent and type of wetland on the property. Additionally, the evaluation
includes a sequencing process that includes the following three steps; Avoid, Minimize,
Mitigate. The first step is to try and avoid any wetland impacts. If this cannot be accomplished
then minimizing the impact is required. Any impact requires mitigation.
With regard to the proposed cartway driveway location the RCWD would require the applicant
to evaluate alternative locations that avoid or minimize any impacts. Locations that require less
fill material are likely to be the least disruptive to the wetland.
Damages
Damages must be paid by Petitioner to the City before the cartway is opened. Minn. Stat. §
435.37, subd. 1(c). Damages "means the compensation, if any, awarded to the owner of the land
upon which the cartway is established" along with maintenance costs and the City's costs. As
you are aware, the parties' positions on damages are wildly divergent.
In most cases, cartways are created where no road exists, so the use of the land changes when the
cartway is built. What was once open land, timber or field is now a road. Here, a road two rods
wide already exists except for a 4 1 /z' x 33' section where the cartway turns northeast into the
subject property. The questions is, what are the damages to the HOA for establishing a cartway
3
upon a portion of the existing driveway, where the only new section of road will be
approximately 147 square feet for the turn off?
Petitioner
Petitioner's most recent damage calculation is as follows:
The cartway is 16,120.5 square feet in size. Using the HOA's land value of $.50 per square foot,
the total land value of the cartway is $8,060.25. Because Petitioner is just one of six property
owners who will utilize the cartway, his share (1/6) of the land value to be paid as damages is
$1,343.38.
This analysis does not take into account the impact, if any, on the remaining HOA property,
including the improvements, incurred as a result of creating the cartway, nor does it address
ongoing maintenance costs.
HOA
The HOA asserts damages of at least $747,987.25, which consists of three components:
land value, improvement value and severance damages.
Land Value
The HOA's appraiser values Outlot A at $.50 per square foot. Using the entire width and
length of the Outlot, which is calculated as 131,304 square feet, the estimated value of the entire
Outlot is $65,652. The HOA takes this number and simply adds it to their damage calculation.
A few issues come to mind with this approach.
First, the $.50 per square foot amount was calculated using the sales comparison
approach. The properties used as comparable sales appear to all be home lots, whereas Outlot A
is an outlot platted for the specific purpose of being used as a road. Roadway outlots and single -
family home sites are not terribly comparable. Such outlots are jointly owned whether directly
or through a _homeowners - association by those who use it. It is e- ssentially a servient parcel that
benefits only those owners. As a dead -end private right -of -way, it is of no value to the general
public and would never be sold to anyone else. Consequently, the value derived by using
wooded, single family home sites as comparables is likely inflated.
Second, the HOA's damage number is calculated using the entire length and width of
Outlot A. The cartway sought, however, is the road width (which happens to be two rods wide —
the cartway minimum) and just enough length to get to the point of entry for the subject property.
This amounts to 16,121 square feet, or only 12.28% of the total. Staff is unaware of any
legitimate justifications for establishing a cartway wider or longer than Petitioner requested.
Third, the appraisal calculated the land at sale value. While that approach is commonly
used, for example, when more frontage is acquired from a property owner to widen a street or
land is acquired to build a new street as part of a neighboring development project, it may not
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make sense when establishing a cartway over an existing road. Unlike in the typical situation,
this land is already expressly dedicated for, and is used as, a roadway. In fact, that is the reason
Outlot A was created in the first place. The land is therefore not being connected in the same
manner as in a typical road project. The use is not changing at all; it was a road before and still
will be if a cartway is established.
What is being created, in essence, is a license to access a portion of a private road without
any of the restrictions that can accompany a license. This is arguably a lesser impact to the
existing rights of the HOA and, consequently, it gives rise to lesser damages than the typical
creation of a new right -of -way easement. Thus, even if one only looks at the 16,121 square feet
sought by Petitioner, the full sale value of $.50 per square foot (or whatever it ought to be) may
be overstated. It is not as if the HOA will lose its use of the road. Rather, they will simply have
to share it with another person and his guests. There is a value to that loss of privacy, but it may
be less than the full sale value of $.50 per square foot.
Improvements
The HOA appraiser valued the roadway and bridge at $519,080. The Petitioner only
seeks access across the bridge to his property. Adding the bridge value ($273,700) to 12.28% of
the roadway, lighting and signage value ($30,133) equals $303,833. This is the estimated total
value. As discussed above, these improvements are not being taken in total for this cartway.
Rather, the usage of the existing road will simply broaden from the five HOA members to those
five plus Petitioner and his guests. It is illogical to assign as damages the total current value of
the improvements when the HOA will continue to utilize the improvements in essentially the
same manner as before, with the only difference arising out of Petitioner's occasional use.
Petitioner is not "taking" the improvements and converting them to his exclusive use. He is
simply gaining a legal right to use the existing improvements. That usage is not likely to have a
significant impact on the depreciated value of the bridge and road.
Severance Damages
The HOA appraiser estimated 5 -10% severance damages to the adjoining properties,
whichuhe HOA calculates as at least $163,255. The problem- with this argument is that these
purported damages are attributed to separate parcels that are not directly involved in this action.
These damages have nothing to do with Outlot A on which the cartway is located. The single
family home lots owned by the HOA members have not been severed in any respect. Severance
damages cannot be attributed to parcels that merely adjoin the parcel at issue. Staff sees no merit
to the severance damages argument.
Damages — Conclusion
The creation of a cartway over an existing private road will adversely affect the value of
the road. Even though the anticipated usage of the cartway is minimal, it will nevertheless no
longer be a truly private road and will be viewed as a loss to the owners. It is very difficult to
put a dollar value on that diminution in value.
5
Petitioner suggests using the HOA's land value of $.50 per square foot multiplied by the
square footage of the cartway, which equals the sale value of the land underlying the cartway,
and then dividing by six to take into account the six property owners who will utilize the
property. This 1/6 concept was also used by the HOA in its maintenance fee proposal. This
approach results in the following:
Land Value $1,343
Improvements $50,639
Total damages $51,982
Maintenance
The HOA provided historical maintenance figures and then suggested that a set annual amount
would not be equitable given anticipated future costs. That argument makes sense, although it
makes the amount variable and possibly more difficult to enforce. The formula proposed by the
HOA, however, suggests that 1/6 of the entire private road be factored in, not just the cartway
portion. As stated above, staff sees no merit in that approach. Instead, the maintenance costs
should be broken down into two parts: those unique to the bridge and the road underlying the
cartway, and those common to the entire road. Petitioner should pay 1/6 of the former and 1/6 of
12.28% of the latter. In that manner, Petitioner will pay his portion of the maintenance costs
related to the cartway.
RECOMMENDATION
The council will need to make a determination regarding the location of the cartway and the
damages associated with the establishment of such cartway. The information contained herein is
intended to provide council with guidance in reaching this conclusion. The draft resolution will
need to be completed by staff and the City Attorney based on the council's deliberation.
Attachments
1. Draft resolution No. 12 -59
2. Petitioner's Survey
3. September 13, 2012, e-mail from attorney Joe Barnett (Petitioner)
4. September 13, 2012, e-mail from attorney Chris Johnson (HOA)
5. Driveway Contour Map, prepared by WSB.
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CITY OF LINO LAKES
RESOLUTION NO. 12 -59
ESTABLISHING A CARTWAY — OAK BROOK PENINSULA
WHEREAS, Petitioner Adam C. Johnson petitioned for a cartway pursuant to Minnesota
Statutes section 435.37; and
WHEREAS, the Council passed Resolution 12 -29 calling for a hearing on the Petition,
which hearing took place on July 9, 2012; and
WHEREAS, the Council received evidence offered by Petitioner and-the affected
landowners and has adhered to the statutory requirements for establishing a cartway.
NOW, THEREFORE, BE IT RESOLVED that, based upon the evidence in the record,
the Council makes the following findings of fact and conclusions:
Findings of Fact
1. All affected landowners were served with the Petition, which was also posted at City
Hall.
2. Petitioner resides at 2055 Otter Lake Drive in Lino Lakes.
3. Petitioner owns a tract of land containing at least five acres, the legal description of
which is attached hereto as Exhibit A ( "the Land ").
4. The Land is abutted on the west by a channel leading to Otter Lake and on all other sides
by lands not owned by Petitioner.
a. The channel is man- made and_was constructed to provide boat access to Otter
Lake from a number of parcels, including Petitioner's residence. The channel
separates Petitioner's residence from the Land.
b. According to Anoka County GIS, the channel is approximately 25 -30 feet wide
where it runs between Petitioner's two parcels.
c. The existing private bridge over the channel was built instead of a culvert for the
express purpose of allowing boat access to Otter Lake via the channel.
d. The channel's depth varies from year to year, but it was designed to be navigable
and was in fact previously navigated by boat.
5. An existing private drive extends from the eastern terminus of Otter Lake Drive along the
entire southern boundary of the Land. The private drive is Outlot A of Oak Brook
Peninsula and is owned by the Oak Brook Peninsula Homeowners Association (the
"HOA ").
6. The private drive can serve as the cartway for purposes of accessing the Land.
7. It is reasonable to utilize the existing paved portion (which is two rods wide) of the
private drive for the cartway, beginning at the eastern terminus of Otter Lake Drive and
extending eastward as shown on the survey attached hereto as Exhibit B. In addition, to
provide reasonable access from the north edge of the existing paved drive north to the
southern boundary of the Land, the cartway is to include a portion of Outlot A 33 feet in
width as shown on Exhibit B.
8. The City has incurred costs and expenses in connection with these cartway proceedings.
Petitioner escrowed $7,500 to apply to the City's costs. Any costs incurred over and
above that amount shall be paid by Petitioner.
9. Petitioner intends to use the cartway for the following purposes:
a. Occasionally accessing the Land with residential lawn maintenance equipment;
and
b. Occasionally accessing the Land with normal residential vehicles.
10. The Land is not to be used for commercial purposes or any other purpose contrary to City
ordinances.
11. As the owner of Outlot A, the HOA will incur the following damages as a result of the
creation of the cartway:
a. Damage to the underlying land: $
b. Damage to the existing improvements: $
12. It is not appropriate for the City to maintain the cartway given its private usage. The cost
of maintenance must be equitably divided between the HOA and Petitioner based on
factors such as:
a. Frequency of use.
b. Type and weight of vehicles or equipment.
c. Distance traveled on the cartway to Petitioner's property.
13. The City finds that:
a. Petitioner's use will be sporadic and infrequent. The HOA members will
continue to use the private drive as a residential street for access to their homes.
b. Residential vehicles and lawn maintenance equipment will be utilized by
Petitioner. The HOA members will cause typical residential traffic to occur on
the private drive.
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c. The distance traveled over Outlot A for the cartway is less than half the distance
of the existing private drive.
d. The HOA's costs for maintaining the private bridge and road vary from year to
year, depending upon the type of maintenance required.
Conclusions
1. Petitioner owns a tract of land containing at least five acres that is accessible only by a
water channel or over the lands of others.
2. The channel is a navigable waterway.
3. Because of its size, there is no practicable access across the channel in the absence of a
bridge.
4. Petitioner has met the statutory requirements for establishing a cartway in order to obtain
access to the Land.
5. Utilizing the existing private drive along Outlot A as the cartway is the least damaging
and disruptive location for the cartway. It would be unreasonable and more disruptive to
require another bridge to be built over the channel between Petitioner's two parcels.
6. The cartway shall be the full width of the existing drive, plus an area to the north of the
drive for access to the Land, as further described in Exhibit B.
7. All costs incurred by the City shall be deducted from Petitioner's escrow and the
remainder, if any, returned to Petitioner. Any and all additional costs shall be paid by
Petitioner.
8. It is not in the public's interest to expend City funds on the cartway, either for initial
construction or ongoing maintenance.
9. Pursuant to Minnesota Statutes section 435.37, subdivision 1(c), Petitioner shall pay the
City $ in damages for the establishment of the cartway. Said damages
shall be forwarded to the HOA. Damages must be paid to the City before the cartway is
opened.
10. Pursuant to Minnesota Statutes section 435.37, subdivisions 1(d) and 2, all costs of
construction and maintenance of the small access area between the north edge of the
existing private drive and the south boundary of the Land, as illustrated in Exhibit B,
shall be the sole responsibility of Petitioner.
11. Pursuant to Minnesota Statutes section 435.57, subdivision 2, Petitioner shall pay the
HOA for maintenance costs directly related to maintenance of the existing private drive
to the extent it serves as the cartway, as shown on Exhibit B. The remainder of the
existing private drive shall continue to be maintained by the HOA at its sole cost.
Petitioner shall pay 1/6 of the maintenance costs directly attributable to the bridge and
that portion of the roadway underlying the cartway. To the extent maintenance costs are
incurred for the entire road as whole, Petitioner shall pay 1/6 of 12.28% of the total cost.
Said payments shall be made at the same time and in the same manner as members of the
HOA are required to make such payments for the same maintenance costs.
Adopted by the Council of the City of Lino Lakes this day of October, 2012.
The motion for the adoption of the foregoing resolution was introduced by Council member
and duly seconded by Council Member and upon vote
being taken, the following voted in favor:
And the following voted against:
AT 1'EST:
Julianne Bartell, City Clerk
10
Jeff Reinert, Mayor
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Michael Grochala
Subject:
Attachments:
FW: Cartway Petition
photo -12 jpg; ATT00001.htm; 4034_001.pdf; ATT00002.htm
From: Joseph J. Langel fmailto:JJL @ratwiklaw.com1
Sent: Thursday, September 13, 2012 9:42 AM
To: Michael Grochala
Subject: FW: Cartway Petition
.Roszak rti'Ic1k nt v,
JOSEPH J. LANGEL
730 Second Ave. S., Suite 300
Minneapolis, MN 55402
Ph. (612) 339 -0060
Fax (612) 339 -0038
The information contained in this electronic message may be attorney - client privileged and /or confidential
information and is intended only for the use of the individual(s) to whom this electronic message is
addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible
to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of
this electronic communication or any attachment thereto is strictly prohibited. If you have received this
electronic communication in error, you should immediately return it to us and delete the message from your
system. Thank you.
From: Joe Barnett fmailto:jbarnett50 comcast.neti
Sent: Thursday, September 13, 2012 6:21 AM
To: Joseph J. Lange!
Cc: aiohnso8Ca�gmail.com
Subject: Re: Cartway Petition
Joe:
Mr. Johnson obtained the exact distance from the end of the Cul -de -sac to the point of entry (483.5'), including the
distance from road to his property at the entry point (51.) See attached. Using the requirement for width of a cartway
pursuant to MN Stat. 435.37, the required size would be 488.5' x. 33' (16,120.5 square feet.)
A fair way to look at the minimal damage issue is to take the Respondent's appraisal of $.50 cost per sf for unimproved
land (Appraisal, p. 3) and multiply it by the size of the easement:
Cost Per Square Foot $.50
Easement 16,120.5 sf
1
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Total Value of
Land
$8,060.25
Because Mr. Johnson is only seeking access by easement you would further divide the total land value by the number of
properties that routinely use the easement, which is 6 including Mr. Johnson, for a total damages of $1,343.38. Note
that my calculation does not take into account Mr. Johnson's minimal use of the roadway. The City Council would
certainly be justified in ordering lesser damages.
2
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JDHNSIJN / TURNEFI
111111111■1111111111111111,11111111/11111■11■11111111,11111 /II
ATTORNEYS AT LAW d MEDIATION CENTER
September 13, 2012
Jeff Karlson, City Administrator
City of Lino Lakes
600 Town Center Pkwy
Lino Lake, MN 55014
Re: Resolution 12 -29 - Petition to Establish Cartway
Our File No.: 12- 1784 -002
Dear Mr. Karlson:
VIA E -MAIL ONLY
Maintenance Expenses
At the Council workshop, the Homeowner's Association was asked to provide some figures
relating to the historic costs of maintenance of the private roadway.
EXPENSES 2011 2010 2009 2008 2007
SNOW PLOW $2,350 $1,575 $2,100 $1,750 $1,200
BLVD MOW $1,550 $1,300 $1,400 $1,390 $1,135
INSURANCE $652 $628 $628 $628 $625
STREET LIGHT $480 $480 $480 $480 $480
MISC $200 $18 $200
LEGAL FEES $105 212
STORM SEWER $6,700
TOTAL $5,232 $4,108 $4,838 $4,448 $10,140
Five Year Total $28,766 Five Year Average $5,753.20 per year
As is depicted above, the Association has incurred average annual expenses of $5,753.20 over
the past 5 years. The expenses have varied with the highest year being $10,140 in 2007 and
the lowest year being $4,108 in 2010. Additionally, these figures do not include actual
maintenance and repair of the infrastructure as none took place during that timeframe. The
Association recognizes that it needs to now crack fill and seal coat the road. It has obtained
bids for both. The crack filling will cost $9,130 and the seal coating will cost $17,150. The
association plans to do the crack filling in 2013 and the seal coating in 2014.
Given the variations in expenses and the fact that the Association will likely be facing
significantly higher maintenance costs for mill and overlays, bridge repairs and eventually,
road and bridge reconstruction, we do not believe attempting to set a dollar figure for the
Petitioner's contribution towards maintenance and repairs would be an equitable approach,
even with an automatic inflationary increase.
A much more equitable approach would be to fix a percentage of the actual future costs that
would be the responsibility of the Petitioner. The Association believes a 1/6 or 16.67%
obligation would be the most equitable approach to the Petitioner's share of the street I
maintenance and repair expenses.
56 E. Broadway Ave. #206 / 12425 55th Street N. / 539 Bielenberg DL, #200 / p 651.464.7292
Forest Lake, MN 55025 Lake Elmo, MN 55042 Woodbury, MN 55125 f 651.464.7348
www..johnsonandturner. corn
•
In re Cartway Petition
September 13, 2012
Page 2 of 3
Thresholds That Would Require the Creation of a Cartway Have Not Been Met.
At the Workshop, the City Council seemed to assume that no dispute existed as to whether
the threshold issues are met in this case obligating the Council to create the Cartway. To be
clear, the Association does not believe the threshold issues are met or that the Council must
grant the Cartway. First, the Petitioner has access to the land to which he seeks a cartway;
specifically, with a bridge over the creek. The Council seems to be operating under the belief
that such a bridge would fall within the navigable waterway exception, but that is not the
case. The cartway statute was relatively recently amended to provide that when access is
available, but only by navigable waterway, then a cartway should still be required. The
predicate to the creation and application of the navigable waterway exception was that the
use of the navigable waterway is actually the sole means of access. In Mr. Johnson's case,
he can access the land without utilizing the creek. As the Association has demonstrated, he
could build a bridge over the creek. As such, the answer to the threshold question of
whether he has access to the land should be "yes" and the Council is not therefore obligated
to create the Cartway.
Additionally, as stated in our July 9, 2012 letter to the Council, as of 2006, all takings of
private property by Cities in Minnesota must be for public use or purpose. Minn, Stat.
§117.012, subd. 2. In the Council's March 26, 2012 Resolution the Council found that "[ilt is
the Council's intention to retain private ownership of that driveway. It is not in the public's
interest to expend public funds on the cartway or to make the cartway into a public road."
Based on that finding, we believe the Council is precluded by State Law from taking the
private property rights from the Association.
The Petitioned -For Cartway is an Enormous Reaction to a Small Problem
It is useful to recall that the objectives of the Petitioner that have lead to the Petitioner's
request that the City of Lino Lakes convert the existing private roadway to a public roadway
were the stated need to walk to his land 2 -3 times per week, to drive an ATV to his land 1 -2
times per week in the Spring, Summer and Fall seasons, and to drive a small tractor to his
Land 2 -3 times per year. First, these objectives can easily be accomplished with a small
bridge over the creek for those seasons. Further, the Petitioner already has access during
periods of low water and winter. Second and importantly, the alternative being suggested,
to create a cartway and in so doing, taking private property interests for public use, exposes
the City of Lino Lakes to significant exposure for damages from the taking, with only the
Petitioner to turn to for indemnification. This is another reason the bond required should be
for the damages that could be awarded.
At the hearing, the valuation of the taking was established. The only credible information in
the record as to amount of the damages that will result from the taking is the appraisal that
was provided by the Association. Pursuant to that appraisal, when factoring in the value of
the underlying land that is being taken, the depreciated value of the private improvements
that are being taken for public use and the severance damages (the reduction in value of the
Association homeowners' retained land due to the conversion from a private to public road),
the damages are at least $747,987.25. Though the Council may believe that this figure seems
•
In re Cartway Petition
September 13, 2012
Page 3 of 3
high, when considering that sometime in the future, this cartway and the property owner's
use of the newly- created public road could result in an ability to devlop that land that would
not otherwise exist. If not today, that right could be of great value to this large parcel of
land.
It appears that the Council is contemplating the following steps:
1. Deciding that no access is available to the land, despite the clear example by the
Association's bridge that the Petitioner has reasonable access by building a
bridge.
2. Deciding that the City has authority to take private property for a use that is has
already said will not be public.
3. Defining the size of the cartway to be something less than the full roadway
despite knowing that the public will inevitably use the entire roadway if for no
other reason than to turn around on the dead -end road.
4. Setting a damages figure less than $747,987.25, despite the fact that no evidence
in the record supports any lower figure and therefore anything less would be
arbitrary on its face.
5. Setting a fixed- dollar - amount maintenance obligation that cannot function as an
equitable share of the future road maintenance and repair costs over the
subsequent decades and longer.
The question for the Council is why consider taking any of these steps and exposing itself as
a risk agent for Mr. Johnson, just to solve a stated need to occasionally walk to the land and
sporadically drive and ATV or tractor. Particularly when a much smaller solution exists that
does not involve the City - namely Mr. Johnson should build a small bridge that will
accommodate pedestrians, ATV's and a small tractor.
Very truly yours,
JOHNS
Chri opher
-D1 /mah
Enclosures
cc: Joe Langel, Esq.
Homeowners Association Board
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CITY COUNCIL
AGENDA ITEM 6C
STAFF ORIGINATOR: Jason C. Wedel, City Engineer
MEETING DATE: October 22, 2012
TOPIC: Consider Resolution No. 12 -104, Adopting Assessments, 2012
Individual Property Which Requested Connection to City Utilities
VOTE REQUIRED: 3/5 Vote Required
BACKGROUND
The property owner has submitted a singed waiver, which waives their rights to a hearing and
waives their rights to appeal under the Lino Lake City Charter and/or Minnesota Statute 429
provided that the assessment associated with the improvement is levied against their property, or
they have entered into a Performance Contract with the City. We are prepared to adopt the
assessment for the following individual property, which requested connection to city utilities:
726 Main Street
Attached is a breakdown of the individual property assessment.
RECOMMENDATION
Approve Resolution 12 -104, Adopting Assessments, 2012 Individual Properties Which Requested
Connection to City Utilities.
CITY OF LINO LAKES
RESOLUTION NO. 12 -104
RESOLUTION ADOPTING SPECIAL ASSESSMENTS, INDIVIDUAL UTILITY
CONNECTIONS
WHEREAS, pursuant to a signed performance agreement or waiver received by individual
property owners to waive all rights to a hearing on the conduction of a local
improvement which will benefit the Individual Properties Which Requested
Connection to City Utilities,
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota:
1. Such proposed assessment, a copy of which is attached hereto and made a part thereof, is
hereby accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by the
proposed improvement in the amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a period of
fifteen years, the first installment to be payable on or before the first Monday in January,
2013, and shall bear interest at the rate of seven percent (7 %) per annum from the date of
the adoption of this assessment resolution. To the first installment shall be added interest
on the entire assessment from the date of this resolution until December 31, 2012. To
each subsequent installment when due shall be added interest for one year on all unpaid
installments.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property, with
interest accrued to the date of payment, to the City Treasurer, except that no interest shall
be charged if the entire assessment is paid by November 15, 2012; and the owner may, at
any time thereafter, pay to the City Treasurer the entire amount of the assessment
remaining unpaid, with interest accrued to December 31 of the year in which such
payment is made. Such payment must be made before November 15 or interest will be
charged through December 31 of the next succeedingyear.
4. The clerk shall forthwith transmit a certified duplicate of this assessment to the County
Auditor to be extended on the property tax lists of the County. Such assessments shall be
collected and paid over in the same manner as other municipal taxes.
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Adopted by the City Council of Lino Lakes, Minnesota this 22nd day of October, 2012.
The motion for the adoption of the foregoing resolution was introduced by Council Member
and was duly seconded by Council Member and upon vote being
taken thereon, the following voted in favor thereof:
The following voted against same:
ATTEST:
Julianne Bartell, City Clerk
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Jeff Reinert, Mayor
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OCTOBER 22, 2011
FINAL ASSESSMENT ROLL
INDIVIDUAL ASSESSMENTS
LINO LAKES, MINNESOTA
SANITARY WATERMAIN STREET STORM SEWER
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