HomeMy WebLinkAbout03/28/2005 Council PacketAGENDA
CITY OF LINO LAKES
Monday,
March 28, 2005
Council Chambers
City Council meeting
6:30 p.m.
(Scheduled to be broadcast on Channel 16)
- Open Mike
- Call to Order and Roll Call
Pledge of Allegiance
Swearing in of New Police Officers — Mayor Bergeson
Setting the Agenda: Addition or deletion of agenda items
1. Consent Agenda -
A) Consideration of Expenditures:
i) March 28, 2005 (Check No. 73311 through 73434 in the amount of
$318,664.59). Pg. 4 -14
ii) Centennial Fire District (Check No. 14653 through 14672 in the
amount of $3,934.26). Pg. 15
B) Consideration of Resolution No. 05 -38, Designating National Incident
Management System in City of Lino Lakes Pg. 16 -18
2. Finance Department Report, Al Rolek
None
3. Administration Department Report, Dan Tesch
A) Tentative Offer of Employment for Police Officer Position
Pg. 19
4. Public Safety Department Report, Dave Pecchia
None
Page 1
AGENDA
5. Public Services Department Report, Rick DeGardner
A) Consideration of Resolution No. 05 -36, Authorizing Preparation of Plans and
Specifications for Water Tower #2 Maintenance and Painting, Rick
DeGardner Pg. 20 -21
B) Consideration of Resolution No. 05 -37, Approving Plans & Specs, and
Authorizing Advertisement for Bids, Birch Street Trail Project, Rick
DeGardner Pg. 22 -23
6. Community Development Department Report, Michael Grochala
A) Consideration of Resolution No. 05 -39, Approving Development
Agreement, Turnberry Crossing, Jim Studenski Pg. 24 -41
B) Consideration of Resolution No. 05 -40, Approving Development
Agreement, Highland Meadows East 2nd Addition, Jim Studenski
Pg. 42 -57
C) Consideration of Resolution No. 05 -41, Approving Development
Agreement, Millers Crossroads 2nd Addition, Jim Studenski
Pg. 58 -72
D) Consideration of Resolution No. 05 -42, Authorizing Preparation of Plans
& Specifications, Well No. 5 Pumphouse, Jim Studenski
Pg. 73 -74
E) 2007 Street Improvement Project, Michael Grochala
i. Consideration of Resolution No. 05 -XX, Authorizing Preparation
of Feasibility Study, West Shadow Lake Drive Street and Utility
Improvements.
ii. Consideration of Resolution No. 05 -XX, Authorizing Preparation
of Feasibility Study, Shenandoah Area Street and Utility
Improvements. Pg. 75 -79
F) Consideration of Resolution No. 05 -43, Approving Joint Powers
Agreement with Anoka County, Birch/Hodgson Improvement Project, Jim
Studenski. Pg. 80 -81
Page 2
AGENDA
7. Unfinished Business
A) None.
8. New Business
A) None.
9. Community Calendar, March 29, 2005, through April 11, 2005:
A) Council Special Work Session, Tuesday, March 29, 2005, 5:30 p.m.
B) Environmental Board Meeting, Wednesday, March 30, 2005, 6:30 p.m.
C) Park Board Meeting, Monday, April 4, 2005, 6:30 p.m.
D) Council Work Session, Wednesday, April 6, 2005, 5:30 p.m.
E) EDAC Meeting, Thursday, April 7, 2005, 7:00 a.m.
F) City Council Meeting, Monday, April 11, 2005, 6:30 p.m.
10. Adjourn
Page 3
EXPANDED AGENDA
CITY OF LINO LAKES
Monday,
March 28, 2005
Council Chambers
City Council meeting
6:30 p.m. (6:32 p.m.)
(Scheduled to be broadcast on Channel 16)
Open Mike
Call to Order and Roll Call STOLTZ ABSENT.
Pledge of Allegiance
Swearing in of New Police Officers – Mayor Bergeson
Setting the Agenda: Addition or deletion of agenda items THERE WERE NO
CHANGES TO THE AGENDA.
1. Consent Agenda -
A) Consideration of Expenditures:
i) March 28, 2005 (Check No. 73311 through 73434 in the amount of
$318,664.59). Pg. 4 -14
ii) Centennial Fire District (Check No. 14653 through 14672 in the
amount of $3,934.26). Pg. 15
B) Consideration of Resolution No. 05 -38, Designating National Incident
Management System in City of Lino Lakes Pg. 16 -18
C) Consideration of Resolution No. 05 -46, Supporting Legislation Request -
North Metro I -35W Corridor Coalition Pg. 18A -18B
MOTION BY COUNCILMEMBER CARLSON, SECONDED BY
COUNCILMEMBER REINERT, FOR APPROVAL OF THE CONSENT
AGENDA AS RECOMMENDED BY STAFF. THE MOTION PASSED
UNANIMOUSLY.
2. Finance Department Report, Al Rolek
Page 1
EXPANDED AGENDA
None
3. Administration Department Report, Dan Tesch
A) Tentative Offer of Employment for Police Officer Position
Pg. 19
MOTION BY COUNCILMEMBER CARLSON, SECONDED BY
COUNCILMEMBER DAHL, APPROVING THE CONDITIONAL OFFER OF
EMPLOYMENT TO JOEL MARTIN AS RECOMMENDED BY STAFF. THE
MOTION PASSED UNANIMOUSLY.
4. Public Safety Department Report, Dave Pecchia
None
5. Public Services Department Report, Rick DeGardner
A) Consideration of Resolution No. 05 -36, Authorizing Preparation of Plans and
Specifications for Water Tower #2 Maintenance and Painting, Rick
DeGardner Pg. 20 -21
MOTION BY COUNCILMEMBER CARLSON, SECONDED BY
COUNCILMEMBER REINERT, FOR ADOPTION OF RESOLUTION NO. 05-36,
AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY.
B) Consideration of Resolution No. 05 -37, Approving Plans & Specs, and
Authorizing Advertisement for Bids, Birch Street Trail Project, Rick
DeGardner Pg. 22 -23
MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER
REINERT, FOR ADOPTION OF RESOLUTION NO. 05-37, AS
RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY.
6. Community Development Department Report, Michael Grochala
A) Consideration of Resolution No. 05 -39, Approving Development
Agreement, Turnberry Crossing, Jim Studenski Pg. 24 -41
MOTION BY COUNCILMEMBER REINERT, SECONDED BY
COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05 -39, AS
RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY.
B) Consideration of Resolution No. 05 -40, Approving Development
Agreement, Highland Meadows East 2nd Addition, Jim Studenski
Page 2
EXPANDED AGENDA
Pg. 42 -57
MOTION BY COUNCILMEMBER REINERT, SECONDED BY
COUNCILMEMBER CARLSON, FOR ADOPTION OF RESOLUTION NO. 05-
40, AS RECOMMENDED BY STAFF. THE MOTION PASSED
UNANIMOUSLY.
C) Consideration of Resolution No. 05 -41, Approving Development
Agreement, Millers Crossroads 2nd Addition, Jim Studenski
Pg. 58 -72
MOTION BY COUNCILMEMBER CARLSON, SECONDED BY
COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05-41, AS
RECOMMENDED BY STAFF. VOTE: THREE AYES, ONE NAY. THE
MOTION PASSED. COUNCILMEMBERS DAHL, BERGESON AND CARLSON
VOTED AYE. COUNCILMEMBER REINERT VOTED NAY.
D) Consideration of Resolution No. 05 -42, Authorizing Preparation of Plans
& Specifications, Well No. 5 Pumphouse, Jim Studenski
Pg. 73 -74
MOTION BY COUNCILMEMBER REINERT, SECONDED BY
COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05-42, AS
RECOMMENDED BY STAFF. VOTE: THREE AYES, ONE NAY. THE
MOTION PASSED. COUNCILMEMBERS REINERT, DAHL, AND BERGESON
VOTED AYE. COUNCILMEMBER CARLSON VOTED NAY.
E) 2007 Street Improvement Project, Michael Grochala
i. Consideration of Resolution No. 05 -44, Authorizing Preparation of
Feasibility Study, West Shadow Lake Drive Street and Utility
Improvements.
MAYOR BERGESON STATED HIS INTENTION TO ABSTAIN FROM THIS
ITEM, AS HE IS A PROPERTY OWNER ON WEST SHADOW LAKE DRIVE.
CITY ATTORNEY HAWKINS ADVISED THIS ITEM REQUIRED A 4/5 VOTE,
AND WITH THE ABSENCE OF COUNCILMEMBER STOLTZ, AND THE
ABSTENTION OF MAYOR BERGESON, FOUR AFFIRMATIVE VOTES WERE
NOT POSSIBLE. HE RECOMMENDED THE ITEM BE TABLED. THE
COUNCIL CONCURRED TO DO SO.
MOTION BY COUNCILMEMBER REINERT, SECONDED BY
COUNCILMEMBER DAHL, TABLING THIS ITEM UNTIL THE APRIL 11,
2005 CITY COUNCIL MEETING. THE MOTION PASSED UNANIMOUSLY.
MAYOR BERGESON ABSTAINED FROM THE VOTE.
Page 3
EXPANDED AGENDA
CITY ATTORNEY HAWKINS NOTED THIS ITEM ALSO REQUIRED A 4/5
VOTE, BUT THERE WAS NO ABSTENTION ISSUE AND THE COUNCIL WAS
FREE TO CONSIDER IT IF THEY CHOSE.
ii. Consideration of Resolution No. 05 -45, Authorizing Preparation of
Feasibility Study, Shenandoah Area Street and Utility
Improvements. Pg. 75 -79
MOTION BY COUNCILMEMBER CARLSON, SECONDED BY
COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05 -45, AS
RECOMMENDED BY STAFF. UPON ROLL CALL VOTE, THE MOTION
PASSED UNANIMOUSLY.
F) Consideration of Resolution No. 05 -43, Approving Joint Powers
Agreement with Anoka County, Birch/Hodgson Improvement Project, Jim
Studenski. Pg. 80 -81
MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER
REINERT, FOR ADOPTION OF RESOLUTION NO. 05-43, AS
RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY.
7. Unfinished Business
A) None.
8. New Business
A) None.
9. Community Calendar, March 29, 2005, through April 11, 2005:
A) Council Special Work Session, Tuesday, March 29, 2005, 5:30 p.m.
B) Environmental Board Meeting, Wednesday, March 30, 2005, 6:30 p.m.
C) Park Board Meeting, Monday, April 4, 2005, 6:30 p.m. CANCELLED.
D) Council Work Session, Wednesday, April 6, 2005, 5:30 p.m.
E) EDAC Meeting, Thursday, April 7, 2005, 7:00 a..m.
F) City Council Meeting, Monday, April 11, 2005, 6:30 p.m.
10. Adjourn
Page 4
EXPANDED AGENDA
MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER
CARLSON, TO ADJOURN THE MEETING AT 7:31 P.M. THE MOTION
PASSED UNANIMOUSLY.
Page 5
EXPENDITURES
MARCH 28, 2005
4
Date: 03/11/2005 Time: 12:31:53
Ranges:
Vendor #: (A)
Invoice #: (A)
Entry Journal #: (R) 4533 - 4535
Trans #: (A)
Line #: (A)
Due Date: (A)
Bank #: (A)
Options: Detail / Summary: S
Sort: N
City of Lino Lakes
FM Entry - Invoice Journal
Operator: JAL
Invoice Status: A # of copies: 1
Check Over Expend: N
Page: 1
Vendor # Name Discount
# of items Net Gross Discount Lost
000033 SUBWAY 1 18.68 18.68
.00 .00
000044 ELLIS, DAVID 1 10.00 10.00
.00 .00
000045 ESKIERKA, MRS. 1 5.00 5.00 .00
.00
000056 DEPT OF EMPLOYEE RELATIONS 1 39.00 39.00
.00 .00
000057 PREMIUM WATERS, INC. 1 57.06 57.06 .00
.00
000058 THUL, DORIE 1 5.00 5.00
.00 .00
000059 WAFFELS, KAREN 1 10.00 10.00 .00
.00
000064 CPESC, INC. 1 150.00 150.00 .00
.00
000078 GILBERTSON, STEVE 1 81.39 81.39
.00 .00
000248 MN DEPT OF ADMINISTRATION 1 35.00 35.00
.00 .00
000408 AFSCME COUNCIL #5 1 741.68 741.68
.00 .00
000700 STOLTZ, DANIEL 1 165.24 165.24
.00 .00
001095 DAHLGREN SHARDLOW AND UBAN 1 17,103.13 17,103.13
.00 .00
001187 CONNEXUS ENERGY 1 2,784.67 2,784.67
.00 .00
001620 GLENWOOD INGLEWOOD, INC. 1 113.23 113.23
.00 .00
002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 851.00 851.00
.00 .00
002694 SBC, INC. 1 26.88 26.88
.00 .00
002931 MN CHILD SUPPORT PAYMENT CENTER 1 234.42 234.42 .00
.00
003491 PETTY CASH 1 50.50 50.50 .00
.00
003590 GLINSEK, SUSAN 1 5.00 5.00
.00 .00
003910 SAM'S CLUB, INC. 1 538.55 538.55
.00 .00
004059 SMYSER, JEFF 1 65.35 65.35 .00 .00
Date: 03/18/2005 Time: 08:50:32 City of Lino Lakes
FM Entry - Invoice Journal
Ranges:
Vendor #: (A)
Invoice #: (A)
Entry Journal #: (R) 4545 - 4545
Trans #: (A)
Line #: (A)
Due Date: (A)
Bank #: (A)
Options: Detail / Summary: S
Sort: N
Operator: JAL Page: 1
Invoice Status: A # of copies: 1
Check Over Expend: N
Discount
Vendor # Name # of items Net Gross Discount Lost
000081 BLACK & DECKER USPTG 1 90.82 90.82 .00 .00
000093 ACE SOLID WASTE, INC. 1 698.34 698.34 .00 .00
000102 LEARNING FOR LIFE 1 104.00 104.00 .00 .00
000104 HARMON, MARY 1 5.00 5.00 .00 .00
000106 NELSON, ROBERT 1 50.00 50.00 .00 .00
000107 R & D BATTERIES, INC. 1 28.37 28.37 .00 .00
000108 RODRIGEUZ, MELISSA 1 5.00 5.00 .00 .00
000111 GLEWWE DOORS, INC. 1 44.00 44.00 .00 .00
000114 SORENSEN, JAMES 1 19.00 19.00 .00 .00
000116 SOTA SPECIAL OPERATIONS TRAINING ASSOC 1 325.00 325.00 .00 .00
000184 BOYLE, KATIE 1 100.00 100.00 .00 .00
000210 AMERICAN FASTENER & SUPPLY, INC. 1 95.54 95.54 .00 .00
000211 CONTRACTORS REFINISHING SERVICES, INC. 1 208.45 208.45 .00 .00
000221 .RAFFERTY, ROBIN G. 1 225.00 225.00 .00 .00
000227 DELL MARKETING L.P. 1 148.04 148.04 .00 .00
000243 G N EXCAVATING, INC. 1 1,350.00 1,350.00 .00 .00
000270 GOPHER SIGN COMPANY 1 2,744.51 2,744.51 .00 .00
000293 WIPERS AND WIPES, INC. 2 316.59 316.59 .00 .00
000303 INSTRUMENTAL RESEARCH, INC. 1 90.00 90.00 .00 .00
000304 KUSTERMAN, BILL 1 150.00 150.00 .00 .00
000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 158.42 158.42 .00 .00
000370 CENTRAL COMMUINICATIONS 1 441.00 441.00 .00 .00
Date: 03/18/2005 Time: 08:50:32 City of Lino Lakes
FM Entry - Invoice Journal
Operator: JAL Page: 2
Vendor # Name Discount
# of items Net Gross Discount Lost
000511 LADEN, PERRY 1 150.00 150.00
.00 .00
000522 INTERSTATE BATTERIES, INC. 1 210.00 210.00
.00 .00
000539 TARGET 1 9.99 9.99
.00 .00
000541 ASPEN MILLS, INC. 1 175.62 175.62
.00 .00
000580 BAROTT DRILLING SERVICES, INC. 1 871.50 871.50 .00
.00
000675 BILL'S RENTAL CENTER, INC. 1 14.44 14.44
.00 .00
000724 BLUE TOW SERVICE, INC. 2 181.05 181.05 .00
.DO
000748 INDEPENDENT OFFICIALS 1 324.00 324.00 .00
.00
000810 BRAUER & ASSOCIATES, LTD. 2 473.49 473.49
.00 .00
000900 W E LAHR COMPANY 1 221.74 221.74 .00 .00
000905 HYDEN, MICHAEL 1 150.00 150.00 .00 .00
000930 WILLIAM G. HAWKINS & ASSOCIATES 1 12,607.15 12,607.15 .00
.00
000946 C. P. OFFICE PRODUCTS 6 1,268.43 1,268.43 .00
.00
001094 APPLIED ECOLOGICAL SERVICES, INC. 1 17,162.85 17,162.85 .00
.00
001110 CIRCLE PINES, CITY OF 1 55.72 55.72
.00 .00
001149 106 GROUP LTD.,THE 1 1,269.50 1,269.50
.00 .00
001260 .ACCLAIM BENEFITS 1 133.90 133.90 .00
.00
001270 DALCO, INC. 1 33.28 33.28 .00
.00
001292 DEHN OIL COMPANY, INC. 1 4,212.47 4,212.47
.00 .00
001339 'URS CORPORATION 2 7,367.50 7,367.50 .00
.00
001473 FAIRVIEW LAKES REGIONAL MEDICAL CENTER 1 177.00 177.00 .00 .00
001480 HAWKINS WATER TREATMENT GROUP, INC. 2 155.64 155.64 .00 .00
001527 FOREST LAKE AREA 1 5,000.00 5,000.00 .00 .00
001560 FRATTALLONE'S HARDWARE, INC. 1 111.92 111.92 .00 .00
001561 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 4 775.72 775.72 .00 .00
001680 ONE CALL CONCEPTS, INC. 1 118.80 118.80 .00 .00
001860 KENNEDY AND GRAVEN, INC. 1 2,567.45 2,567.45 .00 .00
Date: 03/18/2005 Time; 08:50:33 City of Lino Lakes
FM Entry Invoice Journal
Vendor # Name # of items
Net Gross Discount Lost
Operator: JAL Page: 3
Discount
001875 HUELMAN, PAT 1 150.00 150.00
.00 .00
001880 HUGO FEED MILL & ELEVATOR, INC. 2 96.06 96.06 .00
.00
001964 CCP INDUSTRIES, INC. 1 258.39 258.39 .00
.00
002107 TOLL GAS & WELDING SUPPLIES, INC. 1 5.82
5.82 .00 .00
002110 KATH AUTO PARTS, INC. 1 175.73 175.73 .00
.00
002112 MINNESOTA STATE TREASURER'S OFFICE 1 176.40 176.40 .00
.00
002130 TRALLE, PAUL 1 150.00 150.00 .00
.00
002248 LARSON ALLEN WEISHAIR & CO., LLP 1 4,300.00 4,300.00 .00
.00
002310 LEAGUE OF MINNESOTA CITIES 1 75.00 75.00 .00
.00
002328 LEEF BROTHER, INC. 1 18.74 18.74 .00
.00
002329 INTERNATIONAL CODE COUNCIL, INC. 1 100.00
100.00 .00 .00
002340 IMAGE PRINTING & GRAPHICS, INC. 2 1,009.04 1,009.04
.00 .00
002355 LINDY, GEORGE 1 75.00 75.00 .00
.00
002516 TEE'S PLUS (EDH,INC.) 1 100.00 100.00 .00
.00
002550 MENARDS, INC. 1 104.88 104.88
.00 .00
002570 METRO COUNCIL WASTEWATER SERVICES 1 58,006.06 58,006.06
.00 .00
002700 CENTERPOINT /MINNEGASCO, INC. 1 3,512.40 3,512.40 .00
.00
003011 MONTAIN, PAUL 1 100.00 100.00
.00 .00
003123 NATURE CALLS, INC. 1 54.65 54.65
.00 .00
003250 XCEL ENERGY 1 2,620.35 2,620.35
.00 .00
003443 OTTER LAKE ANIMAL CARE CENTER, INC. 1 168.46 168.46 .00
.00
003540 PLUNKETT'S, INC. 1 916.75 916.75 .00
.00
003600 PRESS PUBLICATIONS, INC. 3 140.10 140.10 .00
.00 II
003620 PRINTERS SERVICE, INC. 1 112.00 112.00 .00
.00
003868 S & S WORLDWIDE, INC. 2 1,378.24 1,378.24 .00
.00
003880 SHORT - ELLIOTT - HENDRICKSON, INC. 2 52,229.31 52,229.31 .00
.00
003900 SAFETY KLEEN CORPORATION, INC. 2 382.15 382.15
.00 .00
Date: 03/18/2005 Time: 08:50:33
Vendor # Name
City of Lino Lakes
FM Entry - Invoice Journal
Operator: JAL Page: 4
Discount
# of items Net Gross Discount Lost
004070 REED BUSINESS INFORMATION 1 115.14 115.14
.00 .00
004240 STREICHER'S, INC. 2 237.16 237.16. .00
.00
004280 SUNSHINE LIGHTING COMPANY, INC. 1 299.40 299.40
.00 .00
004340 T.A. SCHIFSKY AND SONS, INC. 1 489.53 489.53
.00 .00
004350 T.K.D.A. 21 88,587.90 88,587.90
.00 .00
004367 TASCHUK, PAM 1 150.00 150.00
.00 .00
004410 THANE HAWKINS POLAR CHEVROLET, INC. 1 1,052.83 1,052.83 .00
.00
004420 HEITKE, GORDON 1 30.35 30.35 .00 .00
004427 TIMESAVER OFF -SITE SECRETARIAL, INC 3 613.50 613.50 .00
.00
004485 TRIARCO ARTS /CRAFTS INC. 2 1,310.81 1,310.81 .00
.00
004511 ONSITE SEWAGE TREATMENT PROGRAM 1 200.00 200.00 .00
.00
004538 FREDERICKSON, AARON 1 150.00 150.00 .00 .00
004562 NATIONAL WATERWORKS, INC. 1 875.00 875.00
.00 .00
004590 UNIFORMS UNLIMITED, INC. 1 182.73 182.73
.00 .00
004608 POGALZ, BRIAN 1 150.00 150.00 .00 .00
004609 ROOT, MICHAEL 1 150.00 150.00 .00 .00
004840 WINNICK SUPPLY, INC. 4 374.08 374.08
.00 .00
005026 .ANOKA COUNTY ATTORNEY'S OFFICE 1 352.80 352.80 .00
.00
900491 ROSEVILLE, CITY OF 1 1,666.67 1,666.67
.00 .00
900591 CORPORATE EXPRESS, INC. 6 4,157.23 4,157.23
.00 .00
Grand Totals: 148 290,756.90 290,756.90 .00 .00*
Date: 03/18/2005 Time: 08:55:51 Operator: JAL
Ranges:
Options:
Page: 1
City of Lino Lakes
FM Entry - Invoice Payment - Approval of Bills
Fund:
Dept Id:
Program:
Vendor #:
Invoice #:
Schedule Journal #:
Bank #:
Cash #:
Payroll Check Dates:
(A)
(A)
(A)
(A)
(A)
(R)
(A)
(A)
(A)
Print: D
Report Format: 1
# of copies: 1
Total By Account: Y
Check # Vendor Alpha Name
73312
0
0
0
0
0
73323
0
0
73324
0
0
0
0
0
4536 4549
Sort: D
Print Ranges /Options: Y
Process Payroll: N
Page on Sort: N
Description
Dept
Amount
AFSCME COUNCIL #5
ANOKA COUNTY ATTORNEY'
BLUE TOW SERVICE, INC.
G N EXCAVATING, INC.
HARMON, MARY
KENNEDY AND GRAVEN, IN
LAW ENFORCEMENT LABOR
METRO COUNCIL WASTEWAT
MINNESOTA STATE TREASU
MN CHILD SUPPORT PAYME
PRESS PUBLICATIONS, IN
RODRIGEUZ, MELISSA
SORENSEN, JAMES
T.K.D.A.
WILLIAM G. HAWKINS & A
PAYROLL WITHHOLDING
FORFEIT /WILLIAMSON /CHILE
TOW /'03 MAZADA 6
REIMBURSE SAC /590 MARSHA
REIMBURSE PROGRAM REC
LEGAL SERVICES /JANUARY
PAYROLL WITHHOLDING
FEBRUARY SAC /MARCH SEWER
FORFEIT WILLIAMSON, NELS
PAYROLL WITHHOLDING
ADVERTISING
REIMBURSE PROGRAM REC
REIMBURSE PROGRAM REC
STONEYBROOK /JANUARY
ATTORNEY
Total for Dept **
O LARSON ALLEN WEISHAIR AUDIT PROGRAM
Total for Dept 200
O IMAGE PRINTING & GRAPH PRINTING ADULT SP
0 INDEPENDENT OFFICIALS PARK /REC ADULT SP
73334 U S BANK SOFTWARE /SUPPLIES /RESERV ADULT SP
Total for Dept 202
0 S & S WORLDWIDE, INC. SUPPLIES SPECIAL
O TRIARCO ARTS /CRAFTS IN SUPPLIES SPECIAL
Total for Dept 205
73318
73319
73322
0
73333
73336
ELLIS, DAVID
ESKIERKA, MRS.
GLINSEK, SUSAN
S & S WORLDWIDE, INC.
THUL, DORIE
WAFFELS, KAREN
REIMBURSE PROGRAM REC
REIMBURSE PROGRAM REC
REIMBURSE PROGRAM REC
SUPPLIES'
REIMBURSE PROGRAM REC
REIMBURSE PROGRAM REC
Total for Dept 207
YOUTH IN
YOUTH IN
YOUTH IN
YOUTH IN
YOUTH IN
YOUTH IN
741.68
352.80
181.05
1,350.00
5.00
230.75
851.00
12,919.50
176.40
234.42
17.25
5.00
19.00
26,713.24
250.00
44,047.09*
86.00
86.00*
93.17
324.00
50.00
467.17*
1,326.24
1,310.81
2,637.05*
10.00
5.00
5.00
52.00
5.00
10.00
87.00*
Date: 03/18/2005 Time: 08:55:51 Operator: JAL
Page: 2
City of Lino Lakes
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description Dept Amount
73332 STOLTZ, DANIEL REIMBURSE GAS MAYOR /C0 165.24
73311 M SUBWAY MEALS MAYOR /CO 18.68
0 TIMESAVER OFF -SITE SEC FEB 23 MAYOR /C0 362.75
73334 U S BANK SOFTWARE /SUPPLIES /RESERV MAYOR /CO 93.08
73335 VILER, JEAN REIMBURSE SUPPLIES MAYOR /CO 49.66
Total for Dept 401 689.41*
O ACCLAIM BENEFITS FLEXIBLE SPENDING ADMINI ADMINIST 133.90
73317 DEPT OF EMPLOYEE RELAT COURSE /DAN T ADMINIST 39.00
0 FAIRVIEW LAKES REGIONA DRUG SCREEN ADMINIST 177.00
0 HEITKE, GORDON MEALS /AIRFARE /CONFERENCE ADMINIST 478.73
0 LEAGUE OF MINNESOTA CI REGISTRATION / GORDON H ADMINIST 75.00
73327 PREMIUM WATERS, INC. MONTHLY SERVICE /FEBRUARY ADMINIST 57.06
0 PRESS PUBLICATIONS, IN ADVERTISING ADMINIST 20.70
73328 SAM'S CLUB, INC. SUPPLIES /MEMBERSHIP. ADMINIST 92.52
73331 SPRINT MONTHLY SERVICE /FEBRUARY ADMINIST 58.69
Total for Dept 402 1,132.60*
0 PRESS PUBLICATIONS, IN ADVERTISING
CHARTER 102.15
Total for Dept 405 102.15*
0 LARSON ALLEN WEISHAIR AUDIT FINANCE 1,892.00
0 ROSEVILLE, CITY OF JOINT POWERS AGREEMENT /M FINANCE 1,666.67
73328 SAM'S CLUB, INC. SUPPLIES /MEMBERSHIP FINANCE 30.84
Total for Dept 407 3,589.51*
O WILLIAM G. HAWKINS & A ATTORNEY LEGAL CO 12,357.15
Total for Dept 414 12,357.15*
O KENNEDY AND GRAVEN, IN LEGAL SERVICES /JANUARY ECONOMIC 2,336.70
Total for Dept 415 2,336.70*
O BRAUER & ASSOCIATES, L FOX DEN CONSERVATION PLA PLANNING 423.49
0 HYDEN, MICHAEL QUARTERLY STIPEND PLANNING 150.00
0 LADEN, PERRY QUARTERLY STIPEND PLANNING 150.00
0 NELSON, ROBERT QUARTERLY STIPEND PLANNING 50.00
0 POGALZ, BRIAN QUARTERLY STIPEND PLANNING 150.00
0 RAFFERTY, ROBIN G. QUARTERLY STIPEND PLANNING 225.00
0 ROOT, MICHAEL QUARTERLY STIPEND PLANNING 150.00
73330 SMYSER, JEFF MILEAGE /PARKING /TUITION PLANNING 65.35
0 TARGET SUPPLIES PLANNING 9.99
0 TRALLE, PAUL QUARTERLY STIPEND PLANNING 150.00
Total for Dept 416 1,523.83*
O T.K.D.A. MEETINGS /JANUARY ENGINEER 18,348.04
Total for Dept 417 18,348.04*
73334 U S BANK SOFTWARE /SUPPLIES / RESERV Communit 1,577.93
Total for Dept 418 1,577.93*
Date: 03/18/2005 Time 08:55:51 Operator: JAL
Page: 3
City of Lino Lakes
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name
0
73313
0
0
73314
0
0
0
0
0
0
0
73328
0
0
0
73334
0
0
0
73325
0
73328
0
73334
0
73314
0
73328
73329
0
0
0
0
0
0
73320
0
0
0
0
73326
0
0
Description Dept
Amount
ASPEN MILLS, INC.
BROWN, MELINDA
C. P. OFFICE PRODUCTS
CENTRAL COMMUINICATION
CONNEXUS ENERGY
DELL MARKETING L.P.
EMERGENCY AUTOMOTIVE T
FOREST LAKE AREA
IMAGE PRINTING & GRAPH
KATH AUTO PARTS, INC.
LEARNING FOR LIFE
OTTER LAKE ANIMAL CARE
SAM'S CLUB, INC.
SOTA SPECIAL OPERATION
STREICHER'S, INC.
TEE'S PLUS (EDH,INC.)
U S BANK
UNIFORMS UNLIMITED, IN
UNIFORM SUPPLIES
REIMBURSE CLASS
PAPER
A T & T /FEBRUARY
MONTHLY SERVICE /FEBRUARY
HARD DRIVE
LIGHT ASSEMBLY
SERVICES
PRINTING SERVICE
SUPPLIES
POST APPLICATION
ANIMAL CONTROL
SUPPLIES /MEMBERSHIP
TRAINING /STEVE W
UNIFORM SUPPLIES
SHIRTS
SOFTWARE /SUPPLIES /RESERV
UNIFORM SUPPLIES
Total for Dept 420
CORPORATE EXPRESS, INC
INTERNATIONAL CODE COU
MN DEPT OF ADMINISTRAT
ONSITE SEWAGE TREATMEN
SAM'S CLUB, INC.
T.K.D.A.
U S BANK
CCP INDUSTRIES, INC.
CONNEXUS ENERGY
GOPHER SIGN COMPANY
SAM'S CLUB, INC.
SBC, INC.
T.A. SCHIFSKY AND SONS
FILE PACKETS
DUES /PETE K
SEMINAR /PETE K
ENROLLMENT /PETE K
SUPPLIES /MEMBERSHIP
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
BUILDING
BUILDING
BUILDING
BUILDING
BUILDING
PERMIT REVIEWS /JANUARY BUILDING
SOFTWARE /SUPPLIES /RESERV BUILDING
Total for Dept 422
COVERALL STREETS
MONTHLY SERVICE /FEBRUARY STREETS
SIGNS STREETS
SUPPLIES /MEMBERSHIP STREETS
MONTHLY SERVICE /FEBRUARY STREETS
RIVER ROCK STREETS
Total for Dept 430
AMERICAN FASTENER & SU
BLACK & DECKER USPTG
DEHN OIL COMPANY, INC.
EMERGENCY AUTOMOTIVE T
FRATTALLONE'S HARDWARE
GILBERTSON, STEVE
HUGO FEED MILL & ELEVA
INTERSTATE BATTERIES,
LEEF BROTHER, INC.
MENARDS, INC.
PETTY CASH
THANE HAWKINS POLAR CH
TOLL GAS & WELDING SUP
PARTS /SUPPLIES
SWITCH /PINION /SCREWS
GASOHOL
POWER SUPPLY
PARTS /SUPPLIES
REIMBURSE PARTS
ROPE /SPRING /PULLEY
BATTERIES
SHOP TOWELS
SUPPLIES'
POSTAGE /GAS /PARTS /SUPPLI
PARTS /SUPPLIES
ACETYLENE CYL
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
175.62
88.00
182.12
441.00
21.31
148.04
215.59
5,000.00
858.58
175.73
104.00
168.46
88.63
325.00
237.16
100.00
99.60
182.73
8,611.57*
3,933.58
100.00
35.00
200.00
30.84
874.20
96.95
5,270.57*
258.39
791.97
2,744.51
30.83
8.96
489.53
4,324.19*
95.54
90.82
4,212.47
775.72
23.02
81.39
48.46
210.00
18.74
3.50
18.56
1,052.83
5.82
Date: 03 /18/2005
Time: 08:55:51 Operator: JAL
Page: 4
City of Lino Lakes
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description
0 W E LAHR COMPANY PARTS /SUPPLIES
O WINNICK SUPPLY, INC. METAL /SUPPLIES
Total for Dept 431
Dept
FLEET
FLEET
Amount
0 ACE SOLID WASTE, INC. MONTHLY SERVICE /MARCH GOVERNME
O AMERIPRIDE LINEN /APPAR MAT RENTAL GOVERNME
0 BILL'S RENTAL CENTER, RENTAL- FURNITURE DOLLY GOVERNME
0 C. P. OFFICE PRODUCTS SUPPLIES GOVERNME
0 CENTERPOINT /MINNEGASCO MONTHLY SERVICE /FEBRUARY GOVERNME
73314 CONNEXUS ENERGY MONTHLY SERVICE /FEBRUARY GOVERNME
O CORPORATE EXPRESS, INC GRIPPERS GOVERNME
0 DALCO, INC. MOP /HANDLE /SPEEDE MOP GOVERNME
0 FRATTALLONE'S HARDWARE PARTS /SUPPLIES GOVERNME
73321 GLENWOOD INGLEWOOD, IN MONTHLY SERVICE /FEBRUARY GOVERNME
O GLEWWE DOORS, INC. CYLINDER /KEYS GOVERNME
0 IMAGE PRINTING & GRAPH PRINTING SERVICE GOVERNME
0 MENARDS, INC. SUPPLIES GOVERNME
73326 PETTY CASH POSTAGE /GAS /PARTS /SUPPLI GOVERNME
0 PLUNKETT'S, INC. PEST CONTROL - ANNUAL PAYM GOVERNME
O R & D BATTERIES, INC. BATTERIES GOVERNME
73328 SAM'S CLUB, INC. SUPPLIES /MEMBERSHIP GOVERNME
0 SUNSHINE LIGHTING COMP BULBS GOVERNME
73334 U S BANK SOFTWARE /SUPPLIES /RESERV GOVERNME
O WIPERS AND WIPES, INC. SUPPLIES GOVERNME
O XCEL ENERGY MONTHLY SERVICE /FEBRUARY GOVERNME
Total for Dept 432
0 BRAUER &:ASSOCIATES, L REC /PARK /OPEN SPACE COMP PARKS
O CENTERPOINT /MINNEGASCO MONTHLY SERVICE /FEBRUARY PARKS
73314 CONNEXUS ENERGY MONTHLY SERVICE /FEBRUARY PARKS
O FRATTALLONE'S HARDWARE PARTS /SUPPLIES PARKS
O HUGO FEED MILL & ELEVA SUPPLIES PARKS
0 NATURE CALLS, INC. PORTABLE RESTR00MS PARKS
0 PRINTERS SERVICE, INC. SHARPEN CHIPPER BLADES PARKS
73334 U S BANK SOFTWARE /SUPPLIES / RESERV PARKS
Total for Dept 450
O C. P. OFFICE PRODUCTS OFFICE SUPPLIES
73328 SAM'S CLUB, INC. SUPPLIES /MEMBERSHIP
Total for Dept 451
0 BOYLE, KATIE
0 FREDERICKSON, AARON
O HUELMAN, PAT
O KUSTERMAN, BILL
0 LINDY, GEORGE
0 MONTAIN, PAUL
0 TASCHUK, PAM
QUARTERLY STIPEND
QUARTERLY STIPEND
QUARTERLY STIPEND
QUARTERLY STIPEND
QUARTERLY STIPEND
QUARTERLY STIPEND
QUARTERLY STIPEND
Total for Dept 452
RECREATI
RECREATI
PARK BOA
PARK BOA
PARK BOA
PARK BOA
PARK BOA
PARK BOA
PARK BOA
221.74
247.41
7,106.02*
698.34
158.42
14.44
784.50
2,233.45
894.64
223.65
33.28
38.49
113.23
44.00
57.29
101.38
28.13
916.75
28.37
234.05
299.40
1,779.03
316.59
2,424.90
11,422.33*
50.00
335.93
42.60
33.93
47.60
54.65
112.00
260.00
936.71*
301.81
30.84
332.65*
100.00
150.00
150.00
150.00
75.00
100.00
150.00
875.00*
Date: 03/18/2005 Time: 08:55:51 Operator: JAL
Page: 5
City of Lino Lakes
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name
Description
Dept
73315 CPESC, INC. TEST APPLICATION REVIEW/ ENVIRONM
0 TIMESAVER OFF -SITE SEC FEB 23 ENVIRONM
Total for Dept 461
O SAFETY KLEEN CORPORATI RECYCLE USED OIL
Total for Dept 462
0
0
73314
0
0
0
0
0
0
0
73326
73329
0
0
CENTERPOINT /MINNEGASCO
CIRCLE PINES, CITY OF
CONNEXUS ENERGY
CONTRACTORS REFINISHIN
FRATTALLONE'S HARDWARE
HAWKINS WATER TREATMEN
INSTRUMENTAL RESEARCH,
LARSON ALLEN WEISHAIR
NATIONAL WATERWORKS, I
ONE CALL CONCEPTS, INC
PETTY CASH
SBC, INC.
T.K.D.A.
WINNICK SUPPLY, INC.
MONTHLY SERVICE /FEBRUARY
CONNECTOR
MONTHLY SERVICE /FEBRUARY
PAINT WINDOW GUARDS
PARTS /SUPPLIES
ASSEMBLY /LIQUIFRAM
WATER SAMPLES
AUDIT
METER INSTALLATION
MONTHLY SERVICE /FEBRUARY
POSTAGE /GAS /PARTS /SUPPLI
MONTHLY SERVICE /FEBRUARY
ENGINEERING /JANUARY
BRUSH /SPRAY /WRENCH
Total for Dept 494
SOLID WA
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
73314 CONNEXUS ENERGY MONTHLY SERVICE /FEBRUARY SEWER
.0 LARSON ALLEN WEISHAIR AUDIT SEWER
O METRO COUNCIL WASTEWAT FEBRUARY SAC /MARCH SEWER SEWER
O ONE CALL CONCEPTS, INC MONTHLY SERVICE /FEBRUARY SEWER
73329 SBC, INC. MONTHLY SERVICE /FEBRUARY SEWER
0 XCEL ENERGY MONTHLY SERVICE /FEBRUARY SEWER
Total for Dept 495
O 106 GROUP LTD.,THE AUAR OTHER
O APPLIED ECOLOGICAL SER CONSULTING /JANUARY OTHER
O BAROTT DRILLING SERVIC JET WELL OTHER
73316 DAHLGREN SHARDLOW AND AUAR OTHER
0 LARSON ALLEN WEISHAIR AUDIT OTHER
O REED BUSINESS INFORMAT ADVERTISING OTHER
O SHORT - ELLIOTT - HENDRICK LEGACY /FEBRUARY OTHER
O T.K.D.A. BIRCH STREET TRAIL /JANUA OTHER
0 URS CORPORATION AUAR /FEBRUARY OTHER
Total for Dept 499
Amount
150.00
250.75
400.75*
382.15
382.15*
943.02
55.72
723.74
208.45
16.48
155.64
90.00
430.00
875.00
59.40
3.81
13.44
890.66
126.67
4,592.03*
310.41
430.00
45,086.56
59.40
4.48
195.45
46,086.30*
1,269.50
17,162.85
871.50
17,103.13
1,462.00
115.14
52,229.31
41,761.76
7,367.50
139,342.69*
Grand Total 318,664.59*
Centennial Fire District
Check Register
3/21/2005
The disbursements listed below are submitted by the Centennial Fire District for your approval:
DATE CHECK# NAME
3/18/2005 14653
3/18/2005 14654
3/18/2005 14655
3/18/2005 14656
3/18/2005 14657
3/18/2005 14658
3/18/2005 14659
3/18/2005 14660
3/18/2005 14661
3/18/2005 14662
3/18/2005 14663
3/18/2005 14664
3/18/2005 14665
3/18/2005 14666
3/18/2005 14667
3/18/2005 14668
3/18/2005 14669
3/18/2005 14670
3/18/2005 14671
3/18/2005 14672
American Test Center, Inc.
Anoka Technical College
Anoka Technical College
Arthur Mohler
Bill's Rental Center
Brad Racutt
Center Mart
Comcast
Diversified Texturing & Engraving
Elizabeth Sheehy
Emergency Lighting Technologies, Inc.
Franklin Products
Grainger
International Assn. Of Arson Investigators
Loffler Business Systems
Minnesota Fire Chiefs Magazine
MN Chapter IAAI /Jeffrey G. Schadegg
Nextel
Qwest
Sam's Club
ACCOUNT
42000 - Vehicle Maintenance
42220 - Travel, Conf., Schooling
42220 - Travel, Conf., Schooling
42130 - Equipment Expense
42100 - Fuel and Lube
42280 - Miscellaneous Expense
42100 - Fuel and Lube
42180 - Office Supplies Expense
42130 - Equipment Expense
42190 - Fire Prevention Supplies
42000 - Vehicle Maintenance
42190 - Fire Prevention Supplies
42130 - Equipment Expense
42200 - Dues and Memberships
42180 - Office Supplies Expense
42210 - Subscriptions
42200 - Dues and Memberships
42240 - Telephone
42240 - Telephone
42180 - Office Supplies Expense
AMOUNT
915.00
820.41
139.00
23.17
154.02
125.00
156.36
95.00
76.00
112.70
91.49
138.31
239.60
50.00
28.69
360.00
150.00
142.20
94.02
23.29
AGENDA ITEM 1B
STAFF ORIGINATOR David J Pecchia, Public Safety
Director /Chief of Police
DATE March 28, 2005
TOPIC
VOTED REQUIRED
BACKGROUND
Consideration to Approve Resolution No.
05 -38 designating the National Incident
Management System (NIMS) as the basis
for all Incident Management in the City
of Lino Lakes.
Simple Majority
The President of the United States, in Homeland Security
Directive (HSPD) - 5, directed the Secretary of the
Department of Homeland Security to develop and administer a
National Incident Management System (NIMS), which would
provide a consistent nationwide approach for federal, state,
local and tribal governments to work together more
effectively and efficiently to prevent, prepare for, respond
to, and recover from domestic incidents, regardless of
cause, size or complexity. Resolution 05 -38 establishes the
National Incident Management System (NIMS) as the standard
for incident management in the City of Lino Lakes.
OPTIONS
1. Approve Resolution 05 - 38.
2. Return to staff for further consideration.
RECOMMENDATION
1. Approve and sign.
Council, Member introduced the following resolution
and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 05 - 38
RESOLUTION Designating the National Incident Management System
(NIMS) as the Basis for all Incident Management in the City of
Linn Takes
WHEREAS the President of the United States, in Homeland Security
Directive (HSPD) -5, directed the Secretary of the Department of
Homeland Security to develop and administer a National Incident
Management System (NIMS), which would provide a consistent
nationwide approach for federal, state, local and tribal
governments to work together more effectively and efficiently to
prevent, prepare for, respond to, and recover from domestic
incidents, regardless of cause, size or complexity;
WHEREAS the collective input and guidance from all federal,
state, local, and tribal security partners has been, and will
continue to be vital to the development, effective implementation
and utilization of a comprehensive NIMS;
WHEREAS it is necessary and desirable that all federal, state,
local and tribal emergency agencies and personnel coordinate
their efforts to effectively and efficiently provide the highest
levels of incident management;
WHEREAS, to facilitate the most efficient and effective incident
management, it is critical that federal, state, local, and tribal
organizations utilize standardized terminology, standardized
organizational structures, interoperable communications,
consolidated action plans, unified command structures, uniform
personnel qualification standards, uniform planning, training,
and exercising standards, comprehensive resource management, and
designated incident facilities during emergencies or disasters;
WHEREAS, the NIMS standardized procedures for managing personnel,
communications, facilities, and resources will improve the
county's ability to utilize federal and state funding to enhance
local agency readiness, maintain first responder safety, and
streamline incident management processes;
WHEREAS the Incident Command System components of NIMS are
already an integral part of various incident management
activities throughout the State and the City of Lino Lakes,
including current emergency management training programs;
WHEREAS the National Commission on Terrorist Attacks (9 -11
Commission) recommended adoption of a standardized Incident
Command System;
WHEREAS the Governor of the State of Minnesota by Executive Order
05 -02, February 9, 2005, has designated the NIMS as the basis for
all incident management in the State of Minnesota;
NOW, THEREFORE, BE IT RESOLVED, the City of Lino Lakes City
Council do hereby establish the National Incident Management
System (NIMS) as the standard for incident management in the City
of Lino Lakes.
John Bergeson, Mayor
Ann Blair, City Clerk
Adopted by the Lino Lakes City Council this 28th day of March,
2005.
The motion for the adoption of the foregoing resolution was duly
seconded by Council Member and upon vote being
taken thereon, the following voted in favor thereof:
The following voted against same:
Whereupon said resolution was declared duly passed and adopted.
AGENDA ITEM 3 A
STAFF MEMBER Daniel Tesch, Director of Administration
DATE 28 March 2005
SUBJECT Conditional Offer of Employment Police Officer
VOTE REQUIRED 3/5
BACKGROUND
Our number one candidate for our recent vacant police officer position has unfortunately — not
successfully completed our background check. For that we reason, we have withdrawn our
conditional offer of employment and instead would like to make a conditional offer of
employment to Mr. Joel Martin. Mr. Martin was a very strong candidate and we are confident he
will make a fine addition to our department.
This offer of employment is also conditioned upon successful completion of our background
check.
OPTIONS
1. Make a conditional offer of employment
2. Decline to make a conditional offer of employment
RECOMMENDATION
Number One.
STAFF ORIGINATOR:
COUNCIL MEETING DATE:
TOPIC:
VOTE REQUIRED:
AGENDA ITEM 5A
Rick DeGardner, Public Services Director
March 28, 2005
Resolution No. 05 -36, Authorizing Preparation of
Plans and Specifications for Water Tower #2
Maintenance and Painting
Simple Majority
BACKGROUND:
City Staff is requesting City Council approval to prepare plans and specifications for the
painting of Tower #2 on Otter Lake Road. This tower was constructed in 1997. In
2004, an inspection was performed by Mr. Dan Zienty, from SEH. Mr. Zienty's report
details the scope of work needed. The most significant findings include coating failures
at the seams on the fluted sections of the tower. None of the proposed work will occur
within the interior of the water containment bowl, so there will be not be any disruption
to our water supply.
Funding for this project is from the Water Operating Fund.
The schedule for this project is as follows:
City Council Authorizes Plans and Specifications
City Council Approves Plans and Specifications
City Council Authorizes Ad for Bids
Open Bids
City Council Awards Contract
Substantial Completion
March 28, 2005
May 9, 2005
May 9, 2005
June 2, 2005
June 13, 2005
September, 2005
OPTIONS:
1. Adopt Resolution Number 05 -36, authorizing the preparation of plans and
specifications for Water Tower #2 Maintenance and Painting.
2. Do not adopt Resolution Number 05 -36.
3. Return to staff for further review.
RECOMMENDATION:
Option No. 1.
CITY OF LINO LAKES
RESOLUTION NO. 05 -36
RESOLUTION AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR
WATER TOWER #2 MAINTENANCE AND PAINTING.
WHEREAS, City Staff is requesting City Council approval to prepare plans and specifications for
the painting of Tower #2 on Otter Lake Road;
WHEREAS, An inspection was performed in 2004 and details the scope of work needed;
WHEREAS, It is proposed to finance the project from the Water Operating Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO
LAKES, MINNESOTA:
Short Elliott Hendrickson Inc. is directed to prepare plans and specifications for the Water
Tower #2 Maintenance and Painting Project.
Adopted by the Lino Lakes City Council this 28th day of March, 2005.
John J. Bergeson, Mayor
Ann J. Blair, City Clerk
AGENDA ITEM 5B
STAFF ORIGINATOR: Rick DeGardner, Public Services Director
COUNCIL MEETING DATE: March 28, 2005
TOPIC: Resolution No. 05 -37, Approving Plans &
Specifications, and Authorizing Advertisement
for Bids, Birch Street Trail Project
VOTE REQUIRED: Simple Majority
BACKGROUND:
The City Council approved the preparation of plans and specifications for the
Birch Street Trail Project at the March 14, 2005 City Council meeting. TKDA has
prepared the plans and specifications for this project for City Council
consideration.
Assuming the City Council is comfortable with the proposed plans, staff is
recommending that Resolution No. 05 -37 be approved.
The proposed schedule for this project is as follows:
City Council Approves Plans and Specifications
City Council Authorizes Ad for Bids
Open Bids
City Council Awards Contract .
Construction Begins
March 28, 2005
March 28, 2005
May, 2005
May, 2005
Summer, 2005
OPTIONS:
1. Adopt Resolution Number 05 - 37, approving the plans and specifications and
authorizing advertisement for bids for the Birch Street Trail Project.
2. Do not adopt Resolution Number 05 - 37.
3. Return to staff for further review.
RECOMMENDATION:
Option No. 1.
CITY OF LINO LAKES
RESOLUTION NO. 05 - 37
RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING
ADVERTISEMENT FOR BIDS - BIRCH STREET TRAIL PROJECT.
WHEREAS, The City Council approved the preparation of plans and specifications for the Birch
Street Trail Project at the March 14, 2005 City Council meeting;
WHEREAS, TKDA has prepared plans and specifications for Birch Street Trail Project and has
presented such plans and specifications to the Council for approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO
LAKES, MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made part hereof, are
hereby approved.
2. The City clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids for the making of such improvement under
such approved plans and specifications. The advertisement shall be published for 3 weeks,
shall specify the work to be done, shall state that bids will be received by the Clerk, at which
time they will be publicly opened in the City Hall by the City Clerk and Engineer, will then be
tabulated, and will be considered by the Council, in the Council Chambers of the City Hall.
Any bidder whose responsibility is questioned during consideration of the bid will be given
an opportunity to address the Council on the issue of responsibility. No bids will be
considered unless sealed and filed with the Clerk and accompanied by a cash deposit,
cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the
amount of such bid.
Adopted by the Lino Lakes City Council this 28th day of March, 2005.
John J. Bergeson, Mayor
Ann J. Blair, City Clerk
AGENDA ITEM 6A
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: March 28, 2005
TOPIC: Resolution No. 05 -39 , Authorizing Execution of Development
Agreement, Turnberry Crossing Subdivision
Vote Required: Simple Majority
BACKGROUND:
The City Council approved the preliminary plat of Turnberry Crossing Subdivision on
September 13, 2004. Turnberry Crossing consists of 23 units of residential
development.
In accordance with the preliminary plat approval and City policy, staff has prepared a
Development Agreement for the Turnberry Crossing Subdivision. The agreement
provides for the following:
1. Submittal by the developer of a Letter of Credit in the amount of 8400,000.00
representing 150 percent of the development improvement costs and a Letter of
Credit in the amount of 836,000.00 representing 35 percent of the City
improvement costs to insure completion of the project in accordance with the
approved plans.
2. Deposit of a cash escrow in the amount of $86,000.00 to reimburse the City for
costs incurred by the City related to the development and improvements of the
site and developer improvements.
Bison Development, Inc. has reviewed the contract and is aware of the conditions set
forth.
OPTIONS:
1. Return to staff for further review.
2. Adopt Resolution Number 05 -39, Authorizing Execution Development Agreement,
Turnberry Crossing Subdivision.
3. Not adopt Resolution Number 05 -39.
RECOMMENDATION:
Option No. 2 - Staff recommends that Resolution Number 05 -39 be adopted.
CITY OF LINO LAKES
RESOLUTION NO. 05 -39
RESOLUTION AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT,
TURNBERRY CROSSING SUBDIVISION.
WHEREAS, the City Council approved the Turnberry Crossing Subdivision on September 13,
2004.
WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of
a development contract, between the Developer and the City of Lino Lakes, prior to
commencement of site construction activities and to insure satisfactory completion of public
improvements.
NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the
Development Contract with Bison Development, Inc., for Turnberry Crossing and authorizes the
Mayor and City Clerk to execute such agreement on behalf of the city.
Adopted by the Lino Lakes City Council this 28th day of March, 2005.
John J. Bergeson, Mayor
Jean Viger, Deputy Clerk
DE Y ELOPIVI ENT AGREEMENT
T
Turnberry Crossing
THIS AGREEMENT made this 28th day of March, 2005, is by and between the City
of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a
municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as
the "City ", and Bison Development, Inc. whose address is 9174 Isanti Street N.E., Blaine,
Minnesota 55449, hereinafter referred to as the "Developer ".
WHEREAS, the Developer has received Conditional Use permit approval for a
residential planned unit development from the City Council for a plat of land within the corporate
limits of the City known as Tumberry Crossing, hereinafter called "Subdivision ", said land is
legally described to -wit
LEGAL DESCRIPTION:
Parcels 1 and 2 (Commercial Parcel):
That part of Government Lot 2, Section 20 and that part of the Northeast Quarter of the Northeast
Quarter of Section 19, all in Township 31, Range 22, Anoka County, Minnesota, described as
follows:
Commencing at the southeast corner of the north 849.40 feet of the west 240.00 feet of
said Government Lot 2 (for the purposes of this description the west line of said
Government Lot 2 is assumed to have a bearing of South 00 degrees 18 minutes 08
seconds West); thence North 82 degrees 52 minutes 55 seconds East, a distance of 38.49
feet; thence South 00 degrees 18 minutes 08 seconds West, parallel with the west line of
said Government Lot 2, a distance of 184.36 feet to the point of beginning of the property
to be described; thence South 00 decrees 18 minutes 08 seconds West, parallel with the
west line of said Government Lot 2, a distance of 233.22 feet to the north line of the south
60.00 feet of said. Government Lot 2; thence North 89 degrees 20 minutes 25 seconds
West, along said north line, a distance of 278.18 feet to the east line of said Northeast
TURNBERRY CROSSING
DEVELOPMENT AGREEMENT
3 -28 -2005
Quarter of the Northeast Quarter of Section 19; thence North 73 degrees 00 minutes 17
seconds West, a distance of 87.11 feet to the easterly right -of -way line of Lake Drive
(formerly known as State Trunk Highway No. 49); thence North 17 degrees 58 minutes
00 seconds East along said easterly right -of -way line, a distance of 217.83 feet to the
intersection with a line drawn westerly, parallel with the north line of said Government
Lot 2 and its westerly extension, from the point of beginning; thence South 89 degrees 29
minutes 07 seconds East, along said parallel line, a distance of 295.52 feet to the point of
beginning.
Parcel 3 (Existing Description for Farm Parcel):
All that part of Government Lot 2, Section 20, Township 31, Range 22, lying within the
following described tract:
Beginning at the southeast corner of the north 849.40 feet of the west 240.00 feet of said
Government Lot 2; thence North 82 degrees 52 minutes 55 seconds East, assumed
bearing system, 38.49 feet; thence South 00 degrees 18 minutes 08 seconds West, parallel
with the west line of said Government Lot 2, 184.36 feet; thence North 89 degrees 29
minutes 07 seconds West, parallel with the north line of said Government Lot 2, 295.52
feet, more or less to the intersection with the easterly right -of -way line of Lake Drive;
thence North 17 degrees 58 minutes East along said easterly right -of -way line 187.90 feet,
more or less to the intersection with the south line of the north 849.40 feet of said
Government Lot 2; thence south 89 degrees 29 minutes 07 seconds East along said south
line of the north 849.00 feet, 200.33 feet, more or less to the point of beginning.
Parcels 4 and 5 (Existing Description):
The south 145.00 feet of the north 849.40 feet of the west 240.00 feet of Government Lot 2,
Section 20, Township 31, Range 22, City of Lino Lakes, Anoka County, Minnesota which lies
east of the easterly right -of -way line of Lake Drive (formerly known as State Trunk Highway No.
49).
Remainder Parcel: (Parcel 6)
That part of Government Lot 2, Section 20, Township 31, Range 22, Anoka County, Minnesota,
described as follows:
Beginning at the southeast corner of the north 849.40 feet of the west 240.00 feet of said
Government Lot 2 (for the purposes of this description the west line of said Government
Lot 2 is assumed to have a bearing of South 00 degrees 18 minutes 08 seconds West);
thence North 82 degrees 52 minutes 55 seconds East, a distance of 38.49 feet; thence
South 00 degrees 18 minutes 08 seconds West, parallel with the west line of said
Government Lot 2, a distance of 103.39 feet to a point on said parallel line distant 314.19
feet northerly of the point of intersection of said parallel line with the north line of the
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TURNBERRY CROSSING
DEVELOPMENT AGREEMENT
3 -28 -2005
south 60.00 feet of said Government Lot 2; thence northerly along a curve concave to the
east, said curve is tangent to said parallel line, has a radius of 230.00 feet and a central
angle of 17 degrees 39 minutes 52 seconds, a distance of 70.91 feet; thence North 17
degrees 58 minutes 00 seconds East, tangent to said curve, a distance of 199.84 feet;
thence North 71 degrees 00 minutes 13 seconds West, a distance of 246.54 feet to the
easterly right -of -way line of Lake Drive, said easterly right-of-way line is described as
follows:
Beginning at a point on the north line of said Government Lot 2, distant 354.43
feet easterly of the northwest corner thereof, for the purposes of this description,
the west line of said Government Lot 2 is assumed to bear South 00 degrees 18
minutes 08 seconds West; thence South 25 degrees 48 minutes 00 seconds West, a
distance of 118.98 feet; thence southwesterly along a tangential curve, concave to
the southeast, having a radius of 2819.22 feet and a central angle of 07 degrees 50
minutes 00 seconds, a distance of 385.44 feet; thence South 17 degrees 58
minutes 00 seconds West, tangent to said curve, a distance of 532.41 feet to the
west line of said Government Lot 2, and there terminating.
thence southerly along said easterly right -of -way line, a distance of 99.93 feet to the
intersection with the south line of the north 704.40 feet of said Government Lot 2; thence
South 89 degrees 29 minutes 07 seconds East along said south line, a distance of 154.21
feet to the east line of the west 240.00 feet thereof; thence South 00 degrees 18 minutes
08 seconds West, along. said east line, a distance of 145.00 feet to the point of beginning.
WHEREAS, the Developer is to be responsible for the installation and financing of
certain private improvements within the Subdivision; and
'WHEREAS, said private improvements include grading, drainage, sanitary sewer,
water, and driveway improvements; and
WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358
authorize the City to enter into a performance contract secured by cash escrow or other security to
guarantee completion and payment of such improvements following final approval and recording of
final plat; and
'WHEREAS, the Developer is shall furnish and install said improvements in
accordance with the teinis and requirements included within Resolution No. 04 -126 as approved by
the City Council, and as provided in this Development Agreement.
NOW, THEREFORE, in consideration of the mutual promises of the parties made
herein,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the
TURNBERRY CROSSING
DEVELOPMENT AGREEMENT
3 -28 -2005
I. DESIGNATION OF IMPROVEMENTS
A. Improvements to be installed at the Developer's expense by the Developer as
hereinafter provided are hereinafter referred to as "Developer Improvements ".
II. DEVELOPER IMPROVEMENTS
A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan,
street and utility plan, and a surface water management plan. The plans shall be
approved by the City of Lino Lakes. The Developer shall secure a contractor to
install these improvements; said contractor shall be approved by the City at its
ABSOLUTE discretion. All Developer Improvements shall require City inspection
and approval and, where appropriate, and the approval of any other governmental
agency having jurisdiction. The Developer shall construct and install at the
Developer's expense, the following improvements according to the following terms
and conditions:
1. Grading Plan
7
a) A final site grading plan, with maximum two -foot contours and
cross sections as necessary shall be submitted and approved by the
City prior to commencement of any site grading.
Erosion Control Plan
a) The Developer shall submit an erosion control plan, detailing all
erosion control measures to be implemented during construction.
Said plan shall be approved by the City prior to the commencement
of site grading or construction.
b) The Developer shall submit a turf establishment plan which details
topsoil placement, seeding, sodding, mulching, fertilizing and
watering. Said plan shall be approved by the City prior to the
commencement of site grading or construction.
3. Grading and Erosion Control Construction & Maintenance
a) Prior to the commencement of site grading and erosion control, the
Developer shall complete items II.A.1 and II.A.2 as listed above.
b) The Developer shall grade the site to within 0.2 foot of the grades
shown on the approved grading plan. No deviations will be allowed
unless a revised plan is submitted and approved by the City and all
other regulatory agencies.
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DEVELOPMENT AGREEMENT
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c) All development shall conform to the natural limitations presented
by the topography and soil of the subdivision in order to create the
best potential for preventing soil erosion.
d) Erosion and siltation control measures shall be coordinated with the
different stages of development. The Developer shall attain an
NPDES Stormwater Permit prior to engaging in any site grading
activities. All terms and conditions of the NPDES permit must be
adhered to by the Developer throughout construction the duration of
construction of the Subdivision from start to finish.
e) Where the topsoil is removed, sufficient arable soil shall be set aside
for respreading over the developed area. The topsoil shall be
restored to a depth of at least four (4) inches and shall be of a quality
at least equal to the soil quality prior to development. The Developer
shall make all necessary adjustments to the curb stops to bring them
flush with the topsoil prior to occupancy.
f) The Developer shall install four (4) inches of topsoil on all
boulevards and seed or sod as approved by the City. The Developer
shall make all necessary adjustments to the curb stops to bring them
flush with the topsoil prior to occupancy.
All disturbed areas shall be sodded or seeded, as designated per the
approved plans, immediately upon completion of grading .
h) All streets shall be protected from erosion deposits. This should
include a combination of roadside silt fences, roadside sod strips,
catch basin rock bale inlet protection, rock construction entrances,
straw mulch, and/or street sweeping.
i) No soils shall be imported or exported without City approval.
j) . All site grading shall be performed in accordance with the
requirements of the Rice Creek Watershed District.
k) Existing wells and on -site septic systems shall be properly
abandoned.
4. Final access drive and driveway grading, subbase, gravel base, bituminous
binder course, and concrete curb and gutter shall be furnished and installed.
5. Sanitary sewer mains, laterals or extensions, including all necessary building
services and other appurtenances shall be furnished and installed. All
connections to existing City facilities shall be performed by the Developer,
TURNBERRY CROSSING
DEVELOPMENT AGREEMENT
3 -28 -2005
but only upon approval and authorization of the City of Lino Lakes at least
48 hours prior to making actual connection.
6. Water mains, laterals or extensions; including all necessary building
services, hydrants, valves and other appurtenances shall be furnished and
installed. All connections to existing City facilities shall be performed by
the Developer, but only upon approval and authorization of the City of Lino
Lakes at least 48 hours prior to making actual connection.
7. The Developer shall place iron monuments at all lot and block corners and at
all other angle points on boundary lines. Iron monuments shall be placed
after all street and lawn grading has been completed in order to preserve the
lot markers for future property owners. Lot corner irons on the back
property line shall be installed so that the top of the iron corresponds to the
finished ground elevation in accordance with the approved grading plan -
guard stakes shall be appropriately installed to mark these irons.
8. The Developer shall promptly clear dirt and debris, within public right -of-
ways, and drainage and utility easements, resulting from construction by
the Developer, its purchasers, builders and contractors within five (5) days
after notification by the City. The Developer or its assigns shall be
responsible for all necessary street and storm sewer maintenance including
street sweeping, and storm sewer resulting from the accumulation of said
dirt and debris, prior to issuance of any Certificates of Occupancy.
Warning signs shall be placed when hazards develop in streets to prevent the
public from traveling on same and directing attention to detours. If and
when the streets become impassable, such streets shall be barricaded and
closed. The Developer shall maintain a smooth, hard driving surface and
adequate drainage on all temporary streets.
9. The Developer shall dedicate to the City, prior to approval of the final plat,
at no cost to the City, any permanent or temporary easements that may be
necessary for the construction and installation of the Developer
Improvements. All such easements required by the City shall be in writing,
in recordable form, containing such terms and conditions as the City shall
determine.
10. The Developer shall be responsible for securing all site grading and
development approvals and permits from all appropriate Federal, State,
Regional and Local jurisdictions prior to the conunencernent of site grading
or construction and prior to the City awarding construction contracts for
public utilities. As previously stated, the Developer shall attain an NPDES
Stormwater Permit, and shall adhere to all terms and conditions of the Rice
Creek Watershed (RCWD) permit. Any work extending into the right of
way of Anoka County shall be subject to the requirements of Anoka County,
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DEVELOPMENT AGREEMENT
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and the Developer shall be responsible for attaining. any permits from the
County as may be needed.
11. The Developer shall make provision that all gas, telephone, cable TV and
electric utility designs be submitted to the City for review and approval prior
to construction of the improvements. Following review and approval by the
City, the Developer shall insure that all installations comply with applicable
City, County and State design standards and show proof of security
arrangements with said utility companies.
12. Cost of Developer Improvements and description are as shown on
Attachment A.
13. Construction of Developer's Improvements:
a) The construction, installation, materials and equipment shall be in
accordance with the plans and specifications approved by the City.
In addition, stone or brick veneer base shall be included on all four
sides of the buildings, and building colors shall be reviewed and
approved by City staff.
b) All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental
agency having, jurisdiction.
c) Prior to the acceptance of Developer Improvements by the City, the
Developer shall obtain final plat approval and record the final plat
which will dedicate all permanent easements necessary for the
construction and installation of the Developer and City
Improvements as determined by the City.
d) All construction debris and trash shall be properly disposed of at the
Developer expense and in a timely manner as determined by the
City.
14. Guarantee
a) Faithful Performance of Construction Contracts and Letters of Credit
(1) The Developer will fully and faithfully comply with all terms
and conditions of any and all contracts entered into by the Developer
for the installation and construction of all Developer Improvements
and hereby guarantees the workmanship and materials for a period of
one year following the City's final acceptance of the Developer's
Improvements. Concurrently with the execution hereof by the
Developer, the Developer will furnish to, and at all times thereafter
maintain with the City, a cash deposit, certified check, or Irrevocable
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TURNBERRY CROSSING
DEVELOPMENT AGREEMENT
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Letter of Credit, based on one hundred fifty (1 50 %) percent of the
total estimated cost of Developer's Improvements. An Irrevocable
Letter of Credit shall be for the exclusive use and benefit of the City
of Lino Lakes and shall state thereon that the same is issued to
guarantee and assure performance by the Developer of all the terms
and conditions of this Development Contract and construction of all
required improvements in accordance with the ordinances and
specifications of the City. The City reserves the right to draw, in
whole or in part, on any portion of the Irrevocable Letter of Credit
for the purpose of guaranteeing the terms and conditions of this
contract with thirty (30) days written notice. The Irrevocable Letter
of Credit shall be automatically extended for additional periods of
one year from present or future expiration dates unless thirty (30)
days prior to such the City Clerk or Administrator is notified in
writing by certified mail that the Letter of Credit will not be
renewed.
b) Reduction of Escrow Guarantee.
(1) The Developer may request reduction of the Letter of Credit,
or cash deposit based on prepayment or the value of the
completed improvements at the time of the requested
reduction. Prior to the final acceptance of the Developer
Improvements the City shall require a Performance Bond or
Cash Escrow to cover the one -year warranty provisions of
the agreement. The amount shall be determined by the City
Engineer.
III. CITY IMPROVEMENTS
A. There are no new City Improvements for this project.
IV. RECORDING AND RELEASE
A. The Developer agrees that the terms of this Development Contract shall be a
covenant on any and all property included in the Subdivision. The Developer agrees
that the City shall have the right to record a copy of this Development Contract with
the Anoka County Recorder to give notice to future purchasers and owners. This
shall be recorded against the Subdivision described on Page 1 hereof. City shall
provide to Developer upon payment of all the special assessments levied against a
parcel, a release of such parcel from the terms and conditions of this Development
Contract subject to provisions contained in this contract.
B. Homeowners association declaration/covenants must be submitted for City Attorney
review as required by the City's final plat requirements. In addition, the Developer
TURNBERRY CROSSING
DEVELOPMENT AGREEMENT
3 -28 -2005
shall convey to the homeowners association of the existing townhomes abutting the
north border of the property, an access easement over the existing access drive.
Prior to approval of the final plat by the City Council, the developer shall submit a
copy of the easement document and proof that the easement document has been
filed with Anoka County. The access drive as it currently exists shall not be altered.
V. REIMBURSEMENT OF COSTS
A. The Developer agrees to establish a non - interest bearing escrow account with the
City in an amount deteimined by the City Administrator or his designee for the
payment of all costs incurred by the City related to the development of the
Subdivision and the Developer Improvements including, but not limited to, the
following (See Attachment B for breakdown of costs):
1. Plat Review Fee
2. Planner Review Fee
3. Administration - 3% Construction Cost
4. Engineering
a) Administration
5. Legal - Plat Review
6. Publications
7. Park Dedication Fee
8. Tree Preservation Policy
9. Boulevard Tree Planting
10. Street - Storm Sewer - Pond Maintenance
11. Sealcoating Fund
12. Aerial Photo Recovery Cost
B. If the above escrow amounts are insufficient, the Developer shall make such
additional deposits as required by the City. The City shall have a right to reimburse
itself from the Escrow upon notice to the Developer, with suitable documentation
supporting charge.
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DEVELOPMENT AGREEMENT
3-28-2005
VI. BUILDING PERMITS
A. The Developer agrees that building permits may be issued upon approval of the
Final Plat by the City Council at which time all required Financial Security shall be
in place with the City.
B. The Developer further agrees that Sewer, Water, Storm Sewer, and Bituminous
Base Construction of the Streets, temporary street signs, gas, electric, and telephone
will be completed prior to the issuance of building permits.
C. The Developer further agrees that an as -built survey certifying that all the grading
complies with the grading plan prior to issuance of building permits.
D. Each lot must have a City approved Certificate of Grading showing the as -built
survey prior to an issuance of a Certificate of Occupancy. It shall be the
responsibility of the Developer, its purchasers, builders or contractors to ensure
compliance with the grading plan.
E. Model Homes
The Developer agrees that one building permit for model homes may be issued upon
approval of preliminary plat. The number of permits allowed above is based upon
one for each ten acres of the subdivision. The right to obtain such building permits
shall be contingent upon the following:
1. Execution of this development contract, providing a Letter of Credit in the
amount of $50,000.00 and an escrow amount of $5,000.00.
Construction shall be limited to maintain a minimum distance of 150' from
the furthest exterior wall to an improved street as per the State Fire Code.
The Developer may construct and maintain such access in order to meet said
requirements.
F. Prior to release of the building permit for the model home, the builder shall enter
into a separate agreement with the City which would not allow the building to be
occupied after issuance of certificate of occupancy by anyone other than the builder
for exhibiting the home for model purposes nor would they convey the property to
any other third parties by any means until all of the public and private utilities have
been installed to serve the building and accepted by the City. This includes all other
requirements provided in this agreement.
VII. HOURS OF CONSTRUCTION ACTIVITY
A. All construction activity shall be limited to the hours as follows:
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DEVELOPMENT AGREEMENT
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Monday through Friday 7:00 a.m. to 7:00 p.m.
Saturday 9:00 a.m. to 5:00 p.m.
Sunday and Holidays No working hours allowed
VIII. OWNERSHIP OF IMPROVEMENTS
A. Upon completion of the work and construction required by this contract and
acceptance by the City, the utility and driveway improvements lying within the
public easements shall become the property of the Developer, Property Owners, or
their heirs and assigns, and shall include all maintenance and operation of all
improvements for perpetuity. However, the City of Lino Lakes, in the interest of
public health and safety, shall reserves the right to enter said property and maintain
facilities upon reasonable notice. Any costs incurred by the City of Lino Lakes to
repair and maintain any private facilities shall be billed directly to the property
owners.
IX. INSURANCE
A. Developer or all its subcontractors shall take out and maintain until one (1) year
after the City has accepted the Developer Improvements, public liability and
property damage insurance covering personal injury, including death, and claims for
property damage which may arise out of the Developer's work or the work of his
subcontractors or by one directly or indirectly employed by any of them. Limits for
bodily injury and death shall be not less than Five Hundred Thousand and no /100
($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00)
Dollars for each occurrence; limits for property damage shall be not less then Two
Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a
combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars
or more. The City, its employees, its agents and assigns shall be named as an
additional insured on the policy, and the Developer or all its subcontractors shall file
with the City a certificate evidencing coverage prior to the City signing the plat.
The certificate shall provide that the City must be given ten (10) days advance
written notice of the cancellation of the insurance. The certificate may not contain
any disclaimer for failure to give the required notice.
X. REIMBURSEMENT OF COSTS FOR DEFENSE
A. The Developer agrees to reimburse the City for all costs incurred by the City in
defense of enforcement of this contract, or any portion thereof, including court costs
and reasonable engineering and attorneys' fees if the City prevails in such action.
XI. VALIDITY
A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this
contract is for any reason held to be invalid by a court of competent jurisdiction,
TURNBERRY CROSSING
DEVELOPMENT AGREEMENT
3 -28 -2005
such decision shall not affect or void any of the other provisions of the Development
Contract.
XII. GENERAL
A. Binding Effect
1. The terms and provisions hereof shall be binding upon and insure to the
benefit of the heirs, representatives, successors and assigns of the parties
hereto and shall be binding upon all future owners of all or any part of the
Subdivision and shall be deemed covenants running with the land.
B. Notices
1. Whenever in this agreement it shall be required or permitted that notice or
demand be given or served by either party to this agreement to or on the
other party, such notice or demand shall be delivered personally or mailed by
United States mail to the addresses hereinbefore set forth on Page 1 by
certified mail (return receipt requested). Such notice or demand shall be
deemed timely given when delivered personally or when deposited in the
mail in accordance with the above. The addresses of the parties hereto are as
set forth on Page 1 until changed by notice given as above.
C. Final Plat Approval
1. The City agrees to give final approval to the plat of the Subdivision in
accordance with section VII upon execution and delivery of this agreement
and all required petitions, bonds, security, and documents including the
following:
a) Review and approval of a Homeowner's Association agreement,
which includes provisions for the operation and maintenance of all
signage and buffer areas.
b) Additional right of way shall be dedicated to Anoka County to total
60 feet from centerline for Lake Drive (CSAH 23).
c) Right of access shall be dedicated to Anoka County along CSAH 23
on the final plat.
d) The final plat must include larger individual unit lots to ensure that
the eaves and any building projection meets the property line
separation to meet fire protection requirements in the building code.
e) The project shall not be final platted until 2005 to comply with the
City's growth management policy.
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DEVELOPMENT AGREEMENT
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kill VIOLATIONS/BUILDING PERMITS
A. In the event that Developer violates any of the covenants and agreements contained
in this Development Contract and to be performed by the Developer, the City, at its
option, in addition to the rights and remedies as set out hereunder may refuse to
issue building permits and/or Certificate of Occupancies to any property within the
Subdivision until such time as such default has been corrected to the satisfaction of
the City.
>a-V. PARK DEDICATION
A. Park dedication in an amount of $25,000 shall be paid by the Developer to the City.
XV. PROPERTY TAXES
A. Should the recording of the Final Plat occur after July 1, any and all property taxes
on any public property dedicated as a part of this plat shall be the responsibility of
the Developer. Dollars shall be incorporated into the escrow agreement to cover the
cost of said property taxes.
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DEVELOPMENT AGREEMENT
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DEVELOPER
CITY OF LINO LAKES
By By
Developer Mayor
ATTEST:
By
Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
On this day of , 20_. before me, a Notary Public within and for said County,
personally appeared
(Mayor) and (Clerk), to me known to be respectively the Mayor
and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge
that they executed the same on behalf of said City.
Notary public
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
On this day of , of 20_, before me, a Notary Public within and for
said County, personally appeared (Developer), to me known to be the
, of , a corporation under the laws of the State of Minnesota, and that
they executed the foregoing instrument and acknowledged that they/he executed the same on behalf
of said corporation.
Notary Public
ATTACHMENT A
SUMMARY OF IMPROVEMENT COSTS
DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME: Turnberry Crossing NUMBER OF REU's: 23
APPLICANT: Bison Development, Inc. ASSESSED AREA (ac.): 4.05
BUDGET DEVELOPER CITY ESCROW
ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z)
1 SITE GRADING Estimate e $60,000
2 EROSION CONTROL Estimate e $5,375
3 SITE ENGINEERING & SURVEYING Estimate e $12,300
4 LANDSCAPING Estimate e $24,500
6 STREET /ACCESS CONST. Estimate e 364,500
7 STORM SEWER CONST.
A. Trunk Estimate e 30
B. Lateral Estimate e $13,000
C. Surface Water Mgmt. Charge (s.f.) 30.093 a $16,406
8 SANITARY SEWER CONST.
A. Trunk Area Charge (ac.) 32,520 a $10,206
B. Trunk Credit
C. Trunk Unit Charge (REU) $1,095 $25,185
D. Lateral Estimate e $12,600
9 VVATERMAIN CONST.
A. Trunk Area Charge (ac.) 32,690 a $10,895
B. Trunk Credit
C. Trunk Unit Charge (REU) 31,765 a $40,595
D. Lateral Estimate e $14,500
NOTE:
TOTALS $206,775 $103,287 $0
See Attachment B for security amounts to be posted
a: Cost by City policy
b: Estimated Cost or Budget by City
c: Previously Assessed
d: Cash Requirement per Agreement with Park Board
e: Provided by Developer
f: Estimate by Feasibility Study
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Attachments 3-25-05.xls
ATTACHMENT B
CITY FEES
DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME: Turnberry Crossing NUMBER OF REU's: 23
APPLICANT: Bison Development, Inc. ASSESSED AREA (ac.): 4.05
BUDGET DEVELOPER CITY ESCROW
ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z)
1 PLANNING /REVIEW
A. Plat Review Fee $2,500 b $2,500
B. Planner Review Fee $2,500 b $2,500
2 ENGINEERING
A. Plan /Plat/Grading Review $5,000 b 55,000
B. Preparation of Plans & Specs. $0 b 30
C. Construction Services 522,500 b $22,500
D. Construction Staking 30 b $0
E. City Engineering $12,500 b 512,500
3 ADMINISTRATION
A. Administration Fee - 3% of const. 3% of const. a $6,200
B. Legal $1,000 b $1,000
C. Publications $1,000 b $1,000
4 DEVELOPMENT FEES
A. Park Dedication $25,000 d 325,000
B. Sealcoating Fee private a 30
C. Aerial Photo Fee 90 /unit a 32,070
5 BOULEVARD TREE PLANTING 400 /frontage b $4,000
6 DEVELOPMENT SECURITIES
A. Tree Preservation 80 /unit b 3800
B. Street Lighting - installation $0 b $0
C. Street Lighting - operation 30 b $0
D. Traffic Signing 30 b 30
E. Street, St. Swr., Pond Maint. $930 b $280
F. Other - Property Tax, FEMA 50 b $0
TOTALS: $0 $0 $86,000
SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total
X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $400,000 $0 $400,000
Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $36,000 30 $36,000
Z = CITY FEE COSTS X 1.0 CASH ESCROVL
( ) 30 $86,000 386,000
NOTE a: Cost by City policy
b: Estimated Cost or Budget by City
c: Previously Assessed
d: Cash Requirement per Agreement with Park Board
e: Provided by Developer
f: Estimate by Feasibility Study
3/21/2005
- 41 -
Attachments 3- 25- OS.xls
AGENDA ITEM 6B
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: March 28, 2005
TOPIC: Resolution No. 05 -40, Approving Development Agreement, Highland
Meadows East 2nd Subdivision
Vote Required: Simple Majority
BACKGROUND:
The City Council approved the preliminary plat of Highland Meadows East 2nd
Subdivision on January 21, 2004 and authorized execution of a grading only
development agreement on November 22, 2004. Highland Meadows East 2nd
Subdivision consists of 18 units of residential development.
In accordance with the preliminary plat approval and City policy, staff has prepared a
Development Agreement for the Highland Meadows East 2nd Subdivision Development.
The agreement provides for the following:
1. Submittal by the developer of a Letter of Credit in the amount of $278,500.00
representing 150 percent of the development improvement costs and a Letter of
Credit in the amount of $27,000.00 representing 35 percent of the City
improvement costs to insure completion of the project in accordance with the
approved plans.
2. Deposit of a cash escrow in the amount of $57,500.00 to reimburse the City for
costs incurred by the City related to the development and improvements of the
site and developer improvements.
TSM Development has reviewed the contract and is aware of the conditions set forth.
OPTIONS:
1. Return to staff for further review.
2. Adopt Resolution Number 05 -40, Authorizing Execution Development Agreement,
Highland Meadows East 2nd Subdivision.
3. Not adopt Resolution Number 05 -40.
RECOMMENDATION:
Option No. 2 - Staff recommends that Resolution Number 05 -40 be adopted.
CITY OF LINO LAKES
RESOLUTION NO. 05 -40
RESOLUTION AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT, HIGHLAND
MEADOWS EAST 2ND SUBDIVISION.
WHEREAS, the City Council approved the preliminary plat of Highland Meadows East 2nd
Subdivision on January 21, 2004, and a grading only development agreement on November 22,
2004.
WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of
a development contract, between the Developer and the City of Lino Lakes, prior to
commencement of site construction activities and to insure satisfactory completion of public
improvements.
NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the
Development Contract with TSM Development, for Highland Meadows East 2' Subdivision and
authorizes the Mayor and City Clerk to execute such agreement on behalf of the city.
Adopted by the Lino Lakes City Council this 28th day of March, 2005.
John J. Bergeson, Mayor
Jean Viger, Deputy Clerk
DEVELOPMENT CONTRACT
Highland Meadows East 2 "d Addition
THIS AGREEMENT made this 28th day of March, 2005, is by and between the
City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a
municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as
the "City ", and TSM Development whose address is 222 Monroe Street, Anoka, Minnesota, 55303,
hereinafter referred to as the "Developer".
WHEREAS, the Developer has received preliminary plat approval from the City
Council for a plat of land within the corporate limits of the City known as Highland Meadows East
2 "d Addition, hereinafter called "Subdivision ", said land is legally described to -wit
Outlot A, HIGHLAND MEADOWS EAST, ACCORDING TO THE RECORDED PLAT THEREOF,
Anoka County, Minnesota,
WHEREAS, the Developer requested that the City construct and finance certain
improvements to service the subdivision; and
WHEREAS, the Developer is to be responsible for the installation and financing of
certain private improvements within the subdivision; and
WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of City
installed improvements to the benefited property.
WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358
authorize the City to enter into a performance contract secured by cash escrow or other security to
guarantee completion and payment of such improvements following final approval and recording of
fmal plat; and
herein,
NOW, THEREFORE, in consideration of the mutual promises of the parties made
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the
Highland Meadows East 2 "d Addition
Development Agreement
3 -28 -2005
I. DESIGNATION OF IMPROVEMENTS
A. Improvements to be installed at the Developer's expense by the Developer as
hereinafter provided are hereinafter referred to as "Developer Improvements ".
B. Improvements to be installed by the City and financed by the Developer are
hereinafter referred to as "City Improvements ".
II. DEVELOPER IMPROVEMENTS
A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan,
street and utility plan, and a surface water management plan. The Developer shall
secure a contractor to install these improvements; said contractor shall be approved
by the City at its ABSOLUTE discretion. All Developer Improvements shall
require City inspection and approval and, where appropriate, the approval of any
other governmental agency having jurisdiction. The Developer will construct and
install at Developer's expense the following improvements according to the
following terms and conditions:
1. Grading Plan
a) A final site grading plan, including certified wetland delineation,
with maximum two -foot contours and cross sections as necessary
shall be submitted and approved by the City prior to
commencement of any site grading.
2. Erosion Control Plan
a) The Developer shall submit an erosion control plan, detailing all
erosion control measures to be implemented during construction.
Said plan shall be approved by the City prior to the commencement
of site grading or construction.
b) The Developer shall submit a turf establishment plan which details
topsoil placement, seeding, sodding, mulching, fertilizing and
watering. Said plan shall be approved by the City prior to the
commencement of site grading or construction.
3. Tree Preservation Plan
a) Developer will provide a tree preservation plan prior to any site
grading which shall be in accordance with the City Tree Preservation
Policy. Developer shall escrow for boulevard tree planting for each
side of a lot which abuts a street. The City Forester shall determine
species, size and location.
page 2
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Highland Meadows East 2nd Addition
Development Agreement
3 -28 -2005
b) The Developer shall remove, dispose of, or treat all dead and
diseased trees in accordance with the City Forester's
recommendation before building permits will be issued.
4. Grading and Erosion Control Construction & Maintenance
a) Prior to the commencement of site grading and erosion control, the
Developer shall complete items II.A.l, II.A.2, and II.A3 as listed
above.
b) The Developer shall grade the site to within 0.2 foot of the grades
shown on the approved grading plan. No deviations will be allowed
unless a revised plan is submitted and approved by the City and all
other regulatory agencies.
c) All development shall conform to the natural limitations presented
by the topography and soil of the subdivision in order to create the
best potential for preventing soil erosion.
d) Erosion and siltation control measures shall be coordinated with the
different stages of development. Appropriate control measures as
required by the City shall be installed prior to development when
necessary to control erosion.
e) Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as
construction progresses. The smallest practical area of land shall be
exposed at any one period of time.
fl Where the topsoil is removed, sufficient arable soil shall be set aside
for respreading over the developed area. The topsoil shall be
restored to a depth of at least four (4) inches and shall be of a quality
at least equal to the soil quality prior to development.
g) The Developer shall install four (4) inches of topsoil on all
boulevards and seed or sod as approved by the City. The Developer
shall make all necessary adjustments to the curb stops to bring them
flush with the topsoil prior to occupancy.
h) All disturbed areas shall be seeded.
i) The front 50 feet of the lots, the street right -of -way, stoiiii water
storage ponds, and surface water drainage ways shall be graded prior
to commencement of utility construction.
page 3
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J)
Highland Meadows East 2nd Addition
Development Agreement
3 -28 -2005
Drainage swales, ditches, storm water storage ponds and other high
risk erosion areas shall be protected from erosion.
k) All remaining grading must be completed prior to issuance of
building permits.
1) Protect streets from erosion deposits. This should include a
combination of roadside silt fences, roadside sod strips, catch basin
rock bale inlet protection, rock construction entrances, straw mulch,
and/or street sweeping.
m) The Developer's engineer shall certify, in writing with an as -built
survey, that all grading complies with the grading plan prior to
issuance of building permits.
5. Final street grading, subbase, gravel base, bituminous binder course, and
concrete curb and gutter.
6. Stoiui sewers when determined to be necessary by the City Engineer,
including all necessary laterals, catch basins, inlets and other appurtenances.
7. Sanitary sewer, laterals or extensions, including all necessary building
services and other appurtenances.
8. Water, laterals or extensions, including all necessary building services,
hydrants, valves and other appurtenances.
9. The Developer shall place iron monuments at all lot and block corners and at
all other angle points on boundary lines. Iron monuments shall be placed
after all street and lawn grading has been completed in order to preserve the
lot markers for future property owners. Lot comer irons on the back
property line shall be installed so that the top of the iron corresponds to the
finished ground elevation in accordance with the approved grading plan -
guard stakes shall be appropriately installed to mark these irons.
10. The Developer agrees to maintain, at all times before acceptance of the
streets by the City, an access road suitable for use by emergency, police and
fire department equipment. The adequacy of such road shall be the sole
determination of the City. Furthermore, such access road shall be located no
more than 150 feet from any structure built within the Subdivision.
11. The Developer shall promptly clear dirt and debris, within public right -of-
ways, and drainage and utility easements, resulting from construction by
the Developer, its purchasers, builders and contractors within five (5) days
after notification by the City. The Developer or its assigns shall be
responsible for all necessary street and storm sewer maintenance including
page 4
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Highland Meadows East 2 "d Addition
Development Agreement
3 -28 -2005
street sweeping, storm sewer cleaning, ditch cleaning and pond dredging,
resulting from the accumulation of said dirt and debris, until all
Certificates of Occupancy are issued. Warning signs shall be placed when
hazards develop in streets to prevent the public from traveling on same and
directing attention to detours. If and when the streets become impassable,
such streets shall be barricaded and closed. The Developer shall maintain a
smooth, hard driving surface and adequate drainage on all temporary streets.
12. Street Lighting:
a) Residential street lighting shall be owned by the City. Such street
lighting system shall be installed, operated, and maintained by the
electric utility company. City and electric utility company may enter
into a contractual agreement on the rate and maintenance of the
street lighting system.
b) It shall be the responsibility of the Developer to pay for street
lighting operation charges for the initial 15 months of operation of
the system.
13. The Developer shall dedicate to the City, prior to approval of the final plat,
at no cost to the City, all permanent or temporary easements necessary for
the construction and installation of the Developer Improvements. All such
easements required by the City shall be in writing, in recordable form,
containing such terms and conditions as the City shall determine.
14. The Developer shall be responsible for securing all site grading and
development approvals and permits from all appropriate Federal, State,
Regional and Local jurisdictions prior to the commencement of site grading
or construction and prior to the City awarding construction contracts for
public utilities.
15. The Developer shall make provision that all gas, telephone, cable TV and
electric utility designs be submitted to the City for review and approval prior
to construction of the streets. Following review and approval by the City,
the Developer shall insure that all installations comply with applicable City,
County and State design standards and show proof of security arrangements
with said utility companies.
16. Cost of Developer Improvements and description are as shown on
Attachment A.
17. Construction of Developer's Improvements:
a) The construction, installation, materials and equipment shall be in
accordance with the plans and specifications approved by the City.
page 5
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Highland Meadows East 2 "d Addition
Development Agreement
3 -28 -2005
b) All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental
agency having jurisdiction.
c) Prior to the acceptance of Developer Improvements by the City, the
Developer shall obtain fmal plat approval and record the final plat
which will dedicate all permanent easements necessary for the
construction and installation of the Developer and City
Improvements as determined by the City.
d) All construction debris and trash shall be properly disposed of at the
Developer expense and in a timely manner as determined by the
City.
18. The Developer shall construct and pay for all improvements as described in
the landscaping plan.
19. The Developer shall make an application to FEMA for a Letter of Map
Amendment (LOMA) or Letter of Map Revision (LOMR) if it is required.
20. Guarantee
a) Faithful Performance of Construction Contracts and Letters of Credit
(1)
The Developer will fully and faithfully comply with all terms
and conditions of any and all contracts entered into by the
Developer for the installation and construction of all
Developer Improvements and hereby guarantees the .
workmanship and materials for a period of one year
following the City's final acceptance of the Developer's
Improvements. Concurrently with the execution hereof by
the Developer, the Developer will furnish to, and at all times
thereafter maintain with the City, a cash deposit, certified
check, or Irrevocable Letter of Credit, based on one hundred
fifty (150 %) percent of the total estimated cost of
Developer's Improvements. An Irrevocable Letter of Credit
shall be for the exclusive use and benefit of the City of Lino
Lakes and shall state thereon that the same is issued to
guarantee and assure performance by the Developer of all the
teens and conditions of this Development Contract and
construction of all required improvements in accordance with
the ordinances and specifications of the City. The City
reserves the right to draw, in whole or in part, on any portion
of the Irrevocable Letter of Credit for the purpose of
page 6
-49-
Highland Meadows East 2 "d Addition
Development Agreement
3 -28 -2005
guaranteeing the terms and conditions of this contract. The
Irrevocable Letter of Credit shall be automatically extended
for additional periods of one year from present or future
expiration dates unless thirty (30) days prior to such the City
Clerk or Administrator is notified in writing by certified mail
that the Letter of Credit will not be renewed.
b) Reduction of Escrow Guarantee.
(1) The Developer may request reduction of the Letter of Credit,
or cash deposit based on prepayment or the value of the
completed improvements at the time of the requested
reduction. Prior to the final acceptance of the Developer
Improvements the City shall require a Performance Bond or
Cash Escrow to cover the one -year warranty provisions of
the agreement. The amount shall be determined by the City
Engineer.
III. CITY IMPROVEMENTS
A. There are no new City Improvements for this project.
IV. RECORDING AND RELEASE
A. The Developer agrees that the terms of this Development Contract shall be a
covenant on any and all property included in the Subdivision. The Developer agrees
that the City shall have the right to record a copy of this Development Contract with
the Anoka County Recorder to give notice to future purchasers and owners. This
shall be recorded against the Subdivision described on Page 1 hereof. City shall
provide to Developer upon payment of all the special assessments levied against a
parcel, a release of such parcel from the tennis and conditions of this Development
Contract subject to provisions contained in this contract.
V. REIMBURSEMENT OF COSTS
A. The Developer agrees to establish a non - interest bearing escrow account with the
City in an amount determined by the City Administrator or his designee for the
payment of all costs incurred by the City related to the development of the
Subdivision and the Developer Improvements including, but not limited to, the
following (See Attachment B for breakdown of costs):
1. Plat Review Fee
2. Planner Review Fee
3. Administration - 3% Construction Cost
page 7
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Highland Meadows East 2 " Addition
Development Agreement
3 -28 -2005
4. Engineering
a) Administration
5. Legal - Plat Review
6. Publications
7. Park Dedication Fee
8. Tree Preservation Policy
9. Street Lighting - Install /Operate
10. Traffic Signing Improvements
11. Boulevard Tree Planting
12. Street - Storm Sewer - Pond Maintenance
13. Sealcoating Fund
14. Aerial Photo Recovery Cost
B. If the above escrow amounts are insufficient, the Developer shall make such
additional deposits as required by the City. The City shall have a right to reimburse
itself from the Escrow upon notice to the Developer, with suitable documentation
supporting charge.
VI. BUILDING PERMITS
A. The Developer agrees that building peuuits may be issued upon approval of the
Final Plat by the City Council at which time all required Financial Security shall be
in place with the City.
B. The Developer further agrees that City Sewer, Water, Storm Sewer, and Bituminous
Base Construction of the Streets, temporary street signs, gas, electric, and telephone
will be completed prior to the issuance of building pennits.
C. The Developer further agrees that an as-built survey certifying that all the grading
complies with the grading plan prior to issuance of building permits.
D. Each lot must comply with erosion control measures to prevent any material from
leaving the lot. The City of Lino Lakes will not perfonn any requested inspections
on the lot until it complies to the erosion control requirements.
E. Each lot must have a City approved Certificate of Grading showing the as -built
survey prior to an issuance of a Certificate of Occupancy. It shall be the
responsibility of the Developer, its purchasers, builders or contractors to ensure
compliance with the grading plan.
page 8
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Highland Meadows East 2 "d Addition
Development Agreement
3 -28 -2005
VII. HOURS OF CONSTRUCTION ACTIVITY
A. All construction activity shall be limited to the hours as follows:
Monday through Friday 7:00 a.m. to 7:00 p.m.
Saturday 9:00 a.m. to 5:00 p.m.
Sunday and Holidays No working hours allowed
VIII. OWNERSHIP OF IMPROVEMENTS
A. Upon completion of the work and construction required by this contract and
acceptance by the City, the improvements lying within the public easements shall
become City property without further notice or action.
IX. INSURANCE
A. Developer or all its subcontractors shall take out and maintain until one (1) year
after the City has accepted the Developer Improvements, public liability and
property damage insurance covering personal injury, including death, and claims for
property damage which may arise out of the Developer's work or the work of his
subcontractors or by one directly or indirectly employed by any of them. Limits for
bodily injury and death shall be not less than Five Hundred Thousand and no /100
($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00)
Dollars for each occurrence; limits for property damage shall be not less then Two
Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a
combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars
or more. The City, its employees, its agents and assigns shall be named as an
additional insured on the policy, and the Developer or all its subcontractors shall file
with the City a certificate evidencing coverage prior to the City signing the plat.
The certificate shall provide that the City must be given ten (10) days advance
written notice of the cancellation of the insurance. The certificate may not contain
any disclaimer for failure to give the required notice.
X. REIMBURSEMENT OF COSTS FOR DEFENSE
A. The Developer agrees to reimburse the City for all costs incurred by the City in
defense of enforcement of this contract, or any portion thereof, including court costs
and reasonable engineering and attorneys' fees if the City prevails in such action.
VALIDITY
A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this
contract is for any reason held to be invalid by a court of competent jurisdiction,
such decision shall not affect or void any of the other provisions of the Development
Contract.
page 9
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Highland Meadows East 2 "d Addition
Development Agreement
3-28-2005
XII. GENERAL
A. Binding Effect
B. Notices
The terms and provisions hereof shall be binding upon and insure to the
benefit of the heirs, representatives, successors and assigns of the parties
hereto and shall be binding upon all future owners of all or any part of the
Subdivision and shall be deemed covenants running with the land.
Whenever in this agreement it shall be required or permitted that notice or
demand be given or served by either party to this agreement to or on the
other party, such notice or demand shall be delivered personally or mailed by
United States mail to the addresses hereinbefore set forth on Page 1 by
certified mail (return receipt requested). Such notice or demand shall be
deemed timely given when delivered personally or when deposited in the
mail in accordance with the above. The addresses of the parties hereto are as
set forth on Page 1 until changed by notice given as above.
C. Final Plat Approval
1. The City agrees to give final approval to the plat of the Subdivision in
accordance with section VII upon execution and delivery of this agreement
and all required petitions, bonds, security, and documents including the
following:
a) Review and approval of a Homeowner's Association agreement,
which includes provisions for the operation and maintenance of all
signage and buffer areas.
Review and approval of informational brochure including Best
Management Practices with regard to buffer and wetland area
requirements.
XIII. VIOLATIONSBUILDING PERMITS
A. In the event that Developer violates any of the covenants and agreements contained
in this Development Contract and to be perfoinied by the Developer, the City, at its
option, in addition to the rights and remedies as set out hereunder may refuse to
issue building peanuts and/or Certificate of Occupancies to any property within the
Subdivision until such time as such default has been corrected to the satisfaction of
the City.
page 10
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Highland Meadows East 2nd Addition
Development Agreement
3 -28 -2005
XIV. PARK DEDICATION
A. Park dedication for Highland Meadows East 2 °d Addition will be $1665 per unit
for 18 units, which totals $29,970.
XV. PROPERTY TAXES
A. Should the recording of the Final Plat occur after July 1, any and all property taxes
on any public property dedicated as a part of this plat shall be the responsibility of
the Developer. Dollars shall be incorporated into the escrow agreement to cover the
cost of said property taxes.
page 11
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Highland Meadows East 2nd Addition
Development Agreement
3 -28 -2005
DEVELOPER CITY OF LINO LAKES
By By
Developer Mayor
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA
ATTEST:
By
Clerk
On this day of , 20_. before me, a Notary Public within and for said County,
personally appeared
(Mayor) and (Clerk), to me known to be respectively the Mayor
and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge
that they executed the same on behalf of said City.
Notary public
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
On this day of , of 20_, before me, a Notary Public within and for
said County, personally appeared (Developer), to me known to be the
, of , a corporation under the laws of the State of Minnesota, and that
they executed the foregoing instrument and acknowledged that they/he executed the same on behalf
of said corporation.
Notary Public
page 12
_55_
ATTACHMENT A
SUMMARY OF IMPROVEMENT COSTS
DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME: Highland Meadows East 2nd Addition
APPLICANT: TSM Development
ITEM NECESSARY IMPROVEMENTS
1 SITE GRADING
2 EROSION CONTROL
3 SITE ENGINEERING & SURVEYING
4 LANDSCAPING
5 STREET CONST.
A. Subgrade /Base Course Estimate
B. Wear Course Estimate
6 STORM SEWER CONST.
A. Trunk Estimate
B. Lateral Estimate
C. Surface Water Mgmt. Charge (s.f.) $0.050
7 SANITARY SEWER CONST.
A. Trunk Area Charge (ac.) $2,520
B. Trunk Credit
C. Trunk Unit Charge (REU) $1,095
D. Lateral Estimate
8 WATERMAIN CONST.
A. Trunk Area Charge (ac.) $2,690
B. Trunk Credit
C. Trunk Unit Charge (REU) $1,765
D. Lateral Estimate
TOTALS:
BUDGET
COST
Estimate
Estimate
Estimate
Estimate
NOTE:
See Attachment B for security amounts to be posted
a:
b:
c:
d:
e:
f:
Cost by City policy
Estimated Cost or Budget by City
Previously Assessed
Cash Requirement per Agreement with Park Board
Provided by Developer
Estimate by Feasibility Study
3/21/2005
NOTE
e
e
e
e
- 5 6 -
e
e
e
e
a
a
a
e
a
a
e
NUMBER OF REU's:
18
ASSESSED AREA (ac.): 3.47
DEVELOPER CITY ESCROW
IMP. (X) IMP. (Y) AMOUNT (Z)
$5,000
$2,500
$5,000
$11,740
$41,183
$12,480
$0
$38.250
$7,558
$8,745
$0
$19,710
$38,485
$9,335
$0
$31,770
$30, 895
$185,533 $77,118
$0
Attachments 3- 28- 05.xis
ATTACHMENT B
CITY FEES
DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME: Highland Meadows East 2nd Addition NUMBER OF REU's: 18
APPLICANT: TSM Development ASSESSED AREA (ac.): 3.47
BUDGET DEVELOPER CITY ESCROW
ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z)
1 PLANNING /REVIEW
A. Plat Review Fee $2,500 b $2,500
B. Planner Review Fee $2,500 b $2,500
2 ENGINEERING
A. Plan /Plat/Grading Review $0 b $5,000
B. Preparation of Plans & Specs. $0 b $0
C. Construction Services $0 b $15,000
D. Construction Staking $0 b $0
E. City Engineering $0 b $7,500
3 ADMINISTRATION
A. Administration Fee - 3% of const. 3% of const. a $5,550
B. Legal $1,000 b $1,000
C. Publications $1,000 b $1,000
4 DEVELOPMENT FEES
A. Park Dedication 1665 /each d $29,970
B. Sealcoating Fee a . $0
C. Aerial Photo Fee 90 /unit a $1,620
5 BOULEVARD TREE PLANTING b $0
6 DEVELOPMENT SECURITIES
A. Tree Preservation 80 /unit b $0
B. Street Lighting - installation $2,000 b $2,000
C. Street Lighting - operation $225 b $225
D. Traffic Signing $500 b $500
E. Street, St. Swr., Pond Maint. b $635
F. Other - Property Tax, FEMA b $0
SUBTOTALS: $0 $0 $75,000
Grading Only Credit $17,500
TOTAL
$57,500
SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total
X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $278,500 $0 $278,500
Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $27,000 $0 $27,000
Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $57,500 $57,500 1
NOTE a: Cost by City policy
b: Estimated Cost or Budget by City
c: Previously Assessed
d: Cash Requirement per Agreement with Park Board
3/21/2005
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Attachments 3- 28- 05.x1s
AGENDA ITEM 6C
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: March 28, 2005
TOPIC: Resolution No. 05 -41, Authorizing Execution of Development Agreement,
Millers Crossroads 2nd Addition
Vote Required: Simple. Majority
BACKGROUND:
The City Council approved the preliminary plat of Millers Crossroads 2 "d Addition on
August 13, 2003. Millers Crossroads 2nd Addition consists of 50 units of residential
development.
In accordance with the Development Agreement approval and City policy, staff has
prepared a Development Agreement for the Millers Crossroads 2nd Addition
Development. The agreement provides for the following:
1. Submittal by the developer of a Letter of Credit in the amount of $1,045,000.00
representing 150 percent of the development improvement costs and a Letter of
Credit in the amount of $70,000.00 representing 35 percent of the City
improvement costs to insure completion of the project in accordance with the
approved plans.
2. Deposit of a cash escrow in the amount of $220,000.00 to reimburse the City for
costs incurred by the City related to the development and improvements of the
site and developer improvements.
Bruggeman Properties, LLC has reviewed the contract and is aware of the conditions
set forth.
OPTIONS:
1. Return to staff for further review.
2. Adopt Resolution Number 05 -41, Authorizing Execution Development Agreement,
Millers Crossroads 2nd Addition.
3. Not adopt Resolution Number 05 -41.
RECOMMENDATION:
Option No. 2 - Staff recommends that Resolution Number 05 -41 be adopted.
CITY OF LINO LAKES
RESOLUTION NO. 05 -41
RESOLUTION AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT, MILLERS
CROSSROADS 2ND ADDITION.
WHEREAS, the City Council approved the preliminary plat for the Millers Crossroads 2 "d
Addition on August 13, 2003.
WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of
a development contract, between the Developer and the City of Lino Lakes, prior to
commencement of site construction activities to insure satisfactory completion of public
improvements.
NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the
Development Contract with Bruggemen Properties, LLC, for Millers Crossroads 2nd Addition and
authorizes the Mayor and City Clerk to execute such agreement on behalf of the City.
Adopted by the Lino Lakes City Council this 28th day of March, 2005.
John J. Bergeson, Mayor
Jean Viger, Deputy Clerk
DEVELOPMENT CONTRACT
Millers Crossroads 2 °d Addition
THIS AGREEMENT made this 28th day of March, 2005, is by and between the
City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a
municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as
the "City ", and Bruggeman Properties. LLC whose address is 3564 Rollingview Drive. White Bear
Lake. Minnesota. 55110. hereinafter referred to as the 'Developer ".
WHEREAS, the Developer has received preliminary plat approval from the City
Council for a plat of land within the corporate limits of the City known as Millers Crossroads 2 °a
Addition, hereinafter called "Subdivision ", said land is legally described to -wit
Outlot B, and D, MILLERS CROSSROADS, according to the recorded plat on file and of record
in the Office of the County Recorders Office, Anoka County, Minnesota.
WHEREAS, the Developer requested that the City construct and finance certain
improvements to service the subdivision; and
WHEREAS, the Developer is to be responsible for the installation and financing of
certain private improvements within the subdivision; and
WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of City
installed improvements to the benefited property, and
WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358
authorize the City to enter into a perfoiniance contract secured by cash escrow or other security to
guarantee completion and payment of such improvements following final approval and recording of
final plat; and
herein,
NOW, THEREFORE, in consideration of the mutual promises of the parties made
Development Contract
Millers Crossroads 2 "a Addition
March 28, 2005
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the
I. DESIGNATION OF IMPROVEMENTS
A. Improvements to be installed at the Developer's expense by the Developer as
hereinafter provided are hereinafter referred to as "Developer Improvements ".
Improvements to be installed by the City and financed by the Developer are
hereinafter referred to as "City Improvements ".
II. DEVELOPER'S IMPROVEMENTS
A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan,
preliminary street and utility plan, a surface water management plan. The
Developer shall secure a contractor to install these improvements; said contractor
shall be approved by the City at its ABSOLUTE discretion. All Developer
improvements shall require City inspection and approval and, where appropriate, the
approval of any other governmental agency having jurisdiction. The Developer will
construct and install at Developer's expense the following. improvements according
to the following terms and conditions:
1. Grading Plan
.D .
a) A final site grading plan, including certified wetland delineation,
with maximum two -foot contours and cross sections as necessary
was submitted and approved by the City with the first phase of the
subdivision.
Erosion Control Plan
a) The Developer shall submit an erosion control plan, detailing all
erosion control measures to be implemented during construction.
Said plan shall be approved by the City prior to the commencement
of site grading or construction.
b) The Developer shall submit a Turf Establishment Plan which details
topsoil placement, seeding, sodding, mulching, fertilizing and
watering. Said plan shall be approved by the City prior to the
commencement of site grading or construction.
Tree Preservation Plan
a) Developer will provide a tree preservation plan prior to any site
grading which shall be in accordance with the City Tree Preservation
Policy. Developer shall provide a cash escrow as security, in the
amount specified in Attachment B, to insure implementation of the
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Development Contract
Millers Crossroads 2 "1 Addition
March 28, 2005
Tree Preservation Plan. Site activities shall not commence until
review of the plan and site has been completed by the City Forester.
b) The Developer shall remove, dispose of, or treat all dead and
diseased trees in accordance with the City Forester's
recommendation before building permits will be issued.
4. Grading and Erosion Control Construction & Maintenance
a) Prior to the commencement of site grading and erosion control, the
Developer shall complete items II.A.l, II.A.2, and II.A.3 as listed
above.
b) The Developer shall grade the site to within 0.2 foot of the grades
shown on the approved Grading plan. No deviations will be allowed
unless a revised plan is submitted and approved by the City and all
other regulatory agencies.
c) All development shall conform to the natural limitations presented
by the topography and soil of the subdivision in order to create the
best potential for preventing soil erosion.
d) Erosion and siltation control measures shall be coordinated with the
different stages of development. Appropriate control measures as
required by the City shall be installed prior to development when
necessary to control erosion.
e) Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as
construction progresses. The smallest practical area of land shall be
exposed at any one period of time.
f) Where the topsoil is removed, sufficient arable soil shall be set aside
for respreading over the developed area. The topsoil shall be
restored to a depth of at least four (4) inches and shall be of a quality
at least equal to the soil quality prior to development.
The Developer shall install four (4) inches of topsoil on all
boulevards and seed or sod as approved by the City. The Developer
shall make all necessary adjustments to the curb stops to bring them
flush with the topsoil prior to occupancy.
h) All disturbed areas shall be seeded.
g)
Development Contract
Millers Crossroads 2nd Addition
March 28, 2005
i) The front 50 feet of the lots, the street right -of -way, storm water
storage ponds, and surface water drainage ways shall be graded prior
to commencement of utility construction.
Drainage swales, ditches, storm water storage ponds and other high
risk erosion areas shall be protected from erosion.
All remaining grading must be completed prior to issuance of
building permits.
1) Protect streets from erosion deposits. This should include a
combination of roadside silt fences, roadside sod strips, catch basin
rock bale inlet protection, rock construction entrances, straw mulch,
and/or street sweeping.
m) The developer's engineer shall certify, in writing with an as -built
survey, that all grading complies with the grading plan prior to
issuance of building permits.
J)
5. Final street grading, subbase, gravel base, bituminous binder course, and
concrete curb and gutter.
6. Storm sewers when determined to be necessary by the City Engineer,
including all necessary laterals, catch basins, inlets and other appurtenances.
7. Sanitary sewer, laterals or extensions, including all necessary building
services and other appurtenances.
8. Water, laterals or extensions, including all necessary building services,
hydrants, valves and other appurtenances.
9. The Developer shall place iron monuments at all lot and block comers and at
all other angle points on boundary lines. Iron monuments shall be placed
after all street and lawn grading has been completed in order to preserve the
lot markers for future property owners. Lot corner irons on the back
property line shall be installed so that the top of the iron corresponds to the
finished ground elevation in accordance with the approved grading plan -
guard stakes shall be appropriately installed to mark these irons.
10. The Developer agrees to maintain, at all times before acceptance of the
streets by the City, an access road suitable for use by emergency, police and
fire department equipment. The adequacy of such road shall be the sole
determination of the City. Furthermore, such access road shall be located no
more than 150 feet from any structure built within the Subdivision.
Development Contract
Millers Crossroads 2nd Addition
March 28, 2005
11. The Developer shall promptly clear dirt and debris, within public right -of-
ways, and drainage and utility easements, resulting from construction by
the Developer, its purchasers, builders and contractors within five (5) days
after notification by the City. The Developer or its assigns shall be
responsible for all necessary street and storm sewer maintenance including
street sweeping, storm sewer cleaning, ditch cleaning and pond dredging,
resulting from the accumulation of said dirt and debris, until all
Certificates of Occupancy are issued. Warning signs shall be placed when
hazards develop in streets to prevent the public from traveling on same and
directing attention to detours. If and when the streets become impassable,
such streets shall be barricaded and closed. The Developer shall maintain a
smooth, hard driving surface and adequate drainage on all temporary streets.
12. Street Lighting:
a) Residential street lighting shall be owned by the City. Such street
lighting system shall be installed, operated, and maintained by the
electric utility company. City and electric utility company may enter
into a contractual agreement on the rate and maintenance of the
street lighting system. City shall use escrow funds to pay for street
light installation.
b) It shall be the responsibility of the Developer to pay for street
lighting operation charges for the initial 15 months of operation of
the system.
13. The Developer shall dedicate to the City, prior to approval of the final plat,
at no cost to the City, all permanent or temporary easements necessary for
the construction and installation of the Developer Improvements. All such
easements required by the City shall be in writing, in recordable form,
containing such terms and conditions, as the City shall determine.
14. Warning signs shall be placed when hazards develop in streets to prevent the
public from traveling on same and directing attention to detours. If and
when the streets become impassable, such streets shall be barricaded and
closed. The developer shall maintain a smooth, hard driving surface and
adequate drainage on all temporary streets.
15. The Developer shall be responsible for securing all site grading and
development approvals and permits from all appropriate Federal, State,
Regional and Local jurisdictions prior to the commencement of site grading
or construction and prior to the City awarding construction contracts for
public utilities.
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Development Contract
Millers Crossroads 2nd Addition
March 28, 2005
16. Cost of Developer's Improvements and description are as shown on
Attachment A.
17. Construction of Developer' s Improvements:
a) The construction, installation, materials and equipment shall be in
accordance with the plans and specifications approved by the City.
b) All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental
agency having jurisdiction.
c) Prior to the acceptance of Developer Improvements by the City, the
Developer shall obtain final plat approval and record the final plat
which will dedicate all permanent easements necessary for the
construction and installation of the Developer's and City's
Improvements as determined by the City.
d) All Construction debris and trash shall be properly disposed of at the
developers expense and in a timely manner as determined by the
City.
18. The Developer must obtain all necessary approvals from Anoka County.
The Developer is responsible for acquiring any necessary right -of -way,
temporary easements, or permanent easements for the construction.
19. The Developer shall construct and pay for all improvements as described in
the landscaping plan.
20.
Guarantee
a) Faithful Performance of Construction Contracts and Letters of Credit
(1) The Developer will fully and faithfully comply with all terms
and conditions of any and all contracts entered into by the
Developer for the installation and construction of all
Developer's Improvements and hereby guarantees the
workmanship and materials for a period of one year
following the City's final acceptance of the Developer's
Improvements. Concurrently with the execution hereof by
the Developer, the Developer will furnish to, and at all times
thereafter maintain with the City, a cash deposit, certified
check, or Irrevocable Letter of Credit, based on one hundred
fifty (150 %) percent of the total estimated cost of
Developer's Improvements. An Irrevocable Letter of Credit
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Development Contract
Millers Crossroads 2nd Addition
March 28, 2005
shall be for the exclusive use and benefit of the City of Lino
Lakes and shall state thereon that the same is issued to
guarantee and assure performance by the Developer of all the
terms and conditions of this Development Contract and
construction of all required improvements in accordance with
the ordinances and specifications of the City. In the event of
a default by Developer and after thirty (30) days prior written
notice to Developer, the City reserves the right to draw, in
whole or in part, on any portion of the Irrevocable Letter of
Credit for the purpose of perfoiniing the terms and
conditions of this contract. Until Developer has completed
the improvements required herein, the Irrevocable Letter of
Credit shall be automatically extended for additional periods
of one year from present or future expiration dates unless
thirty (30) days prior to such the City Clerk or Administrator
is notified in writing by certified mail that the Letter of
Credit will not be renewed.
b) Reduction of Escrow Guarantee.
(1) The Developer may request reduction of the Letter of Credit,
or cash deposit based on prepayment or the value of the
completed improvements at the time of the requested
reduction. Prior to the final acceptance of the Developer's
Improvements the City shall require a Performance Bond or
Cash Escrow to cover the warranty provisions of the
agreement. The amount shall be determined by the City
Engineer.
III. CITY'S IMPROVEMENTS
A. No new City Improvements.
IV. RECORDING AND RELEASE
A. The Developer agrees that the terms of this Development Contract shall be a
covenant on any and all property included in the Subdivision. The Developer agrees
that the City shall have the right to record a copy of this Development Contract with
the Anoka County Recorder to give notice to future purchasers and owners. This
shall be recorded against the Subdivision described on Pages 1 -4 hereof. City shall
provide to Developer upon payment of all the special assessments levied against a
parcel a release of such parcel from the terms and conditions of this Development
Contract subject to provisions contained in this contract.
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V. REIMBURSEMENT OF COSTS
Development Contract
Millers Crossroads 2nd Addition
March 28, 2005
A. The Developer agrees to establish a non - interest bearing escrow account with the
City in an amount determined by the City Administrator or his designee for the
payment of all costs incurred by the City related to the development of the plat and
the Developer Improvements including, but not limited to, the following (See
attachment B for Breakdown of costs):
1. Plat Review Fee
2. Planner Review Fee
3. Administration - 3% Construction Cost
4. Engineering
a) Administration
5. Legal - Plat Review
6. Publications
7. Park Dedication Fee
8. Tree Preservation Policy
9. Street Lighting - Install/Operate
10. Traffic Signing Improvements
11. Boulevard Tree Planting
12. Street - Storm Sewer - Pond Maintenance
13. Sealcoating Fund
14. Aerial Photo Recovery Cost
B. If the above escrow amounts are insufficient, the developer shall make such
additional deposits as required by the City. The City shall have a right to reimburse
itself from the Escrow.
VI. BULDING PERMITS
A. The Developer agrees that building permits may be issued upon approval of the
Final Plat by the City Council at which time all required Financial Security shall be
in place with the City. The Developer further agrees that City Sewer, Water, Storm
Sewer, and Bituminous Base Construction of the Streets, temporary street signs, gas,
electric, and telephone will be completed prior to the issuance of building permits
except for as provided in VI. C.
B. The Developer has submitted an as -built survey certifying that all the grading complies
with the grading plan prior to issuance of building permits.
C. Model Homes
Development Contract
Millers Crossroads 2nd Addition
March 28, 2005
The City agrees that one eight -unit structure can be installed as model homes upon
approval of final plat. The right to obtain such building permits shall be contingent
upon the following:
1. Execution of this development contract, providing a Letter of Credit in the
amount of $100,000.00 and an escrow amount of $10,000.00.
2. Construction shall be limited to maintain a minimum distance of 150' from
the furthest exterior wall to an improved gravel street as per the State Fire
Code. The Developer may construct and maintain such access in order to
meet said requirements.
3. Prior to release of the building permits for one eight -unit structure, the
builder shall enter into a separate agreement with the City which would not
allow the building to be occupied after issuance of certificate of occupancy
by anyone other than the builder for exhibiting the home for model purposes
nor would they convey the property to any other third parties by any means
until all of the public and private utilities have been installed to serve the
building and accepted by the City. This includes all other requirements
provided in this agreement
D. Each lot must comply with erosion control measures to prevent any material from
leaving the lot. The City of Lino Lakes will not perfoini any requested inspections on
the lot until it complies to the erosion control requirements.
E. Each lot must have a City approved Certificate of Grading showing the as -built
survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility
of the Developer, its purchasers, builders or contractors to ensure compliance with the
grading plan.
VII. HOURS OF CONSTRUCTION ACTIVITY
A. All construction activity shall be Limited to the hours as follows:
Monday through Friday 7:00 a.m. to 7:00 p.m.
Saturday 9:00 a.m. to 5:00 p.m.
Sunday and Holidays No working hours allowed
V111. OWNERSHIP OF IMPROVEMENTS
A. Upon completion of the work and construction required by this contract and
acceptance by the City, the improvements lying within the public easements shall
become City property without further notice or action.
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D(. INSURANCE
Development Contract
Millers Crossroads 2nd Addition
March 28, 2005
A. Developer or all its subcontractors shall take out and maintain until one (1) year
after the City has accepted the private improvements, public liability and property
damage insurance covering personal injury, including death, and claims for property
damage which may arise out of the Developer's work or the work of his
subcontractors or by one directly or indirectly employed by any of them. Limits for
bodily injury and death shall be not less than Five Hundred Thousand and no /100
($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00)
Dollars for each occurrence; limits for property damage shall be not less then Two
Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a
combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars
or more. The City, its employees, its agents and assigns shall be named as an
additional insured on the policy, and the Developer or all its subcontractors shall file
with the City a certificate evidencing coverage prior to the City signing the plat.
The certificate shall provide that the City must be given ten (10) days advance
written notice of the cancellation of the insurance. The certificate may not contain
any disclaimer for failure to give the required notice.
X. REIMBURSEMENT OF COSTS FOR DEFENSE
A. The Developer agrees to reimburse the City for all costs incurred by the City in
defense of enforcement of this contract, or any portion thereof, including court costs
and reasonable engineering and attorneys' fees if the City prevails in such action.
`I. VALIDITY
A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this
contract is for any reason held to be invalid by a court of competent jurisdiction,
such decision shall not affect or void any of the other provisions of the Development
Contract.
`IT. GENERAL
A. Binding Effect
1. The terms and provisions hereof shall be binding upon and insure to the
benefit of the heirs, representatives, successors and assigns of the parties
hereto and shall be binding upon all future owners of all or any part of the
Subdivision and shall be deemed covenants running with the land.
Notwithstanding the foregoing, individual homeowners shall not be
obligated to perform Developer's obligations hereunder.
B. Notices
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Development Contract
Millers Crossroads 2nd Addition
March 28, 2005
1. Whenever in this agreement it shall be required or permitted that notice or
demand be given or served by either party to this agreement to or on the
other party, such notice or demand shall be delivered personally or mailed by
United States mail to the addresses hereinbefore set forth on Page 1 by
certified mail (return receipt requested). Such notice or demand shall be
deemed timely given when delivered personally or when deposited in the
mail in accordance with the above. The addresses of the parties hereto are as
set forth on Page 1 until changed by notice given as above.
C. Final Plat Approval
1. The City agrees to give final approval to the plat of the Subdivision in
accordance with section VII upon execution and delivery of this agreement
and all required petitions, bonds, security, and documents including the
following:
a) Review and approval of a Homeowner's Association agreement,
which includes provisions for the operation and maintenance of all
signage and buffer areas.
b) Review and approval of informational brochure including Best
Management Practices with regard to buffer and wetland area
requirements.
c) Receipt of warranty deeds or dedication of all outlots proposed to be
conveyed to the City.
XIII. VIOLATIONS/BUILDING PERMITS
A. In the event that Developer violates any of the covenants and agreements contained
in this Development Contract and to be performed by the Developer, the City, at its
option, in addition to the rights and remedies as set out hereunder may refuse to
issue building permits and /or Certificate of Occupancies to any property within the
Subdivision until such time as such default has been corrected to the satisfaction of
the City.
XIV. PARK DEDICATION
A. A park dedication fee of $61,550 for Millers Crossroads 2nd Addition represents no
land dedication and a credit of $21,700 for sidewalk installation along Lakota Trail
and Ojibway Path. The total value of the park dedication fee and credit is $83,250
for the 50 units.
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XV. PROPERTY TAXES
Development Contract
Millers Crossroads 2nd Addition
March 28, 2005
A. Should the recording of the Final Plat occur after July 1, any and all property taxes
on any public property dedicated as a part of this plat shall be the responsibility of
the Developer. Dollars shall be incorporated into the escrow agreement to cover the
cost of said property taxes.
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Development Contract
Millers Crossroads 2nd Addition
March 28, 2005
DEVELOPER Bruggeman Properties, LLC CITY OF LINO LAKES
By
Developer
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA
By
Mayor
ATTEST:
By
Clerk
On this day of , 20_. before me, a Notary Public within and for said County,
personally appeared
(Mayor) and (Clerk), to me known to be respectively the Mayor
and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge
that they executed the same on behalf of said City.
STATE OF MINNESOTA )
COUNTY OF ANOKA
) SS
)
Notary public
On this day of , of 20, before me, a Notary Public within and for
said County, personally appeared (Developer), to me known to be the
, of Bruggeman Properties, LLC, a limited liability company under the laws of the State of
Minnesota, and that they executed the foregoing instrument and acknowledged that they/he
executed the same on behalf of said limited liability company.
Notary Public
page 13
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AGENDA ITEM 6D
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: March 28, 2005
TOPIC: Resolution No. 05 -42, Authorizing Preparation of Plans and
Specifications for Well No. 5 Pumphouse.
VOTE REQUIRED: Simple Majority
BACKGROUND:
In accordance with the Water System Comprehensive Plan, construction of Well
No. 5 is planned to meet City demands. The location of the pumphouse will be
at Captain's Place within the Lakes Addition area just north of Birch Street and
east of Black Duck Drive.
The structure will be a hexagon and will be offset to the south of the current
driveway which services the existing lift station. This layout is sized just for the
mechanics of the well and will not provide any additional storage within the
building
It is staffs recommendation to authorize the preparation of plans and
specifications for Well #5 Pumphouse for a project cost of $530,000.00.
OPTIONS:
1. Adopt Resolution No. 05 -42, Authorizing the Preparation of Plans and
Specifications for Well No. 5 Pumphouse.
2. Return to staff for further review.
RECOMMENDATION:
Option No. 1 - Staff recommends that Resolution No. 05 -42 be adopted.
CITY OF LINO LAKES
RESOLUTION NO. 05 -42
RESOLUTION AUTHORIZING THE PREPARATION OF PLANS AND
SPECIFICATIONS FOR WELL NO. 5 PUMPHOUSE.
WHEREAS, pursuant to the Council adopting the Comprehensive Water System Plan
on April 26, 2004, with reference to the first phases of improvement by constructing Well
No. 5; and
WHEREAS, the report provides information showing the proposed project is necessary,
cost - effective, and feasible; and
WHEREAS, the City's Engineer, TKDA, shall perform such services; and
WHEREAS, the City proposes to use Trunk Area & Unit funds for all of the cost of the
improvements,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. The City Engineer is designated as the engineer for this improvement and he is
directed to prepare plans and specifications for Well No. 5 Pumphouse.
Adopted by the Lino Lakes City Council this 28th day of March, 2005.
John J. Bergeson, Mayor
Ann Blair, City Clerk
AGENDA ITEM 6E
STAFF ORIGINATOR: Michael Grochala
CITY COUNCIL
MEETING DATE: March 28, 2005
TOPIC: 2007 Street & Utility Improvement Project
Consideration of Resolution No. 05-44,
Authorizing Preparation of Feasibility
Study, West Shadow Lake Drive Street
& Utility Improvements.
ii. Consideration of Resolution No. 05 -45,
Authorizing Preparation of Feasibility
Study, Shenandoah Area Street & Utility
Improvements.
ACTION REQUIRED: 4/5 Vote
BACKGROUND
The City of Lino Lakes currently has over 84 miles of local streets that need to be
maintained. In 1996, the city completed a pavement management study to more
efficiently monitor and allocate resources for ongoing maintenance of streets. Included
within the study was a plan that identified a phased reconstruction schedule for streets
that were deteriorating beyond the scope of general maintenance.
The City began implementation of the phasing plan in 1998 with the reconstruction of
streets located in the Lakes Addition development. In 2003 the City completed the
feasibility studies for phase 2 of the plan which included the streets within the
Shenandoah area and West Shadow Lake Drive, north of Birch Street. These
improvements were incorporated into the proposed 2004/2005 Street Improvement
Project.
As established in the City Charter, in cases were improvements are proposed to be
specially assessed against benefiting properties and where less than 100% of the
estimated cost of the proposed improvement is to be paid for by special assessments,
connection charges, or any outside funding sources other than the City general fund,
the proposed project must be submitted to the voters of the City for approval.
The 2004/2005 Street Improvement project was submitted to the voters in the 2003
general election and failed. Following the election TKDA, the City's Engineer,
completed an updated Pavement Management Report, which includes condition ratings
of each city street to prioritize rehabilitation and /or reconstruction of roadways.
While the overall Pavement Management Program is still being developed, TKDA's
report identified the importance of timely maintenance and the need for reconstruction
of certain streets within the City. The streets within the Shenandoah Area and West
Shadow Lake Drive, Sandpiper Drive, and Shadow Court continue to warrant
consideration for reconstruction. As such, and given the initial costs incurred (2003
Feasibility Studies) the City is currently proposing to move forward with the same two
projects for consideration by the voters of the City in 2005.
At the March 9th 2005 City Council work session, the council requested that sanitary
sewer and water improvements be evaluated as part of the project. There is currently
no sanitary sewer service to properties abutting West Shadow Lake Drive, Sandpiper
Drive and Shadow Court. The streets within the Shenandoah Area are serviced by
sanitary sewer but do not have access to municipal water.
As such, TKDA has prepared a proposal to update the existing feasibilities studies for
the proposed improvements, including sanitary sewer and water main improvements.
TKDA is proposing to complete the work for a not to exceed fee of $85,000 ($55,000 for
West Shadow Lake Drive & $30,000 for the Shenandoah area). The scope of work
includes costs associated with surveying and soil borings, three council meetings, three
neighborhood meetings for each project area and determination of proposed individual
lot assessments. Additional services outside of the proposed scope of work will require
amendment of the agreement.
Comprehensive Plan & Zoning Implications
The proposed extension of sanitary sewer and water into the West Shadow Lake Drive
area does create conflicts with the City's existing Comprehensive Plan. The plan
currently guides the area as Low Density, Unsewered Residential. The council should
be aware that a Comprehensive Plan Amendment will be required to service the area
with municipal sanitary sewer and water. Additionally, portions of the project area will
require the allocation of MUSA.
It should also be noted that the project area is currently zoned Rural. Staff anticipates
that a comprehensive plan amendment and extension of public utilities to the area will
generate requests for rezoning to a sewered residential district (R -1, R-1X etc.) to allow
for resubdivision of individual parcels. The potential for resubdivision will be a large
factor in determining proposed individual lot assessments. The Growth Management
Ordinance also creates some uncertainty as to when property owners could subdivide
their property. This may also impact the City's ability to specially assess large Tots on
the basis for future development potential. This issue will require further review by the
City Attorney.
Funding
These two feasibility studies are proposed to be funded, on an interim basis, from the
City's Trunk Utility Area and Unit Fund. If the project is accepted by the benefiting
property owners and approved by the voters these costs will be recovered through
assessments and voter approved tax levy. In the event that the project is not approved,
the City will not be able to recover these costs. The council should be aware that the
trunk utility fund cannot continue to absorb these engineering costs without a dedicated
repayment source. The most likely source will be a general fund levy.
RECOMMENDATION
Staff is recommending approval of Resolution No. 05 -44 and No. 05 -45.
ATTACHMENTS
1. Resolution No. 05 -44
2. Resolution No. 05 -45
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CITY OF LINO LAKES
RESOLUTION NO. 05-44
RESOLUTION AUTHORIZING PREPARATION OF FEASIBILITY STUDY FOR WEST
SHADOW LAKE DRIVE STREET AND UTILITY IMPROVEMENTS.
WHEREAS, it is proposed to improve West Shadow Lake Drive from Birch Street to the
north dead end, Sandpiper Drive from West Shadow Lake Drive to the cul -de -sac, and
Shadow Court from West Shadow Lake Drive to the cul -de -sac by sanitary sewer and
water installation and street reconstruction, and
WHEREAS, the City proposes to assess the benefited property for all or a portion of the
cost of the improvement, pursuant to Minnesota States, Chapter 429, and Chapter 8 of
the Lino Lakes City Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. That the proposed improvement be referred to the City Engineer for study and that
he is instructed to report to the council with all convenient speed advising the council
in a preliminary way as to whether the proposed improvement is necessary, cost -
effective, and feasible and as to whether it should best be made as proposed or in
connection with some other improvement, and the estimated cost of the
improvement as recommended.
Adopted by the Lino Lakes City Council this 28th day of March, 2005.
Ann Blair, City Clerk
John J. Bergeson, Mayor
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CITY OF LINO LAKES
RESOLUTION NO. 05 -45
RESOLUTION AUTHORIZING PREPARATION OF FEASIBILITY STUDY FOR
SHENANDOAH AREA STREET AND UTILITY IMPROVEMENTS.
WHEREAS, it is proposed to improve Arrowhead Drive from Ware Road to 550 feet
east, Hokah Drive from Totem Trail to Birch Street including the bubble cul -de -sac,
Totem Trail from Arrowhead Drive to Birch Street, and Rice Court from Totem Trail to
the cul -de -sac by water installation and street reconstruction, and
WHEREAS, the City proposes to assess the benefited property for all or a portion of the
cost of the improvement, pursuant to Minnesota States, Chapter 429, and Chapter 8 of
the Lino Lakes City Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
2. That the proposed improvement be referred to the City Engineer for study and that
he is instructed to report to the council with all convenient speed advising the council
in a preliminary way as to whether the proposed improvement is necessary, cost -
effective, and feasible and as to whether it should best be made as proposed or in
connection with some other improvement, and the estimated cost of the
improvement as recommended.
Adopted by the Lino Lakes City Council this 28th day of March, 2005.
Ann Blair, City Clerk
John J. Bergeson, Mayor
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AGENDA ITEM 6F
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: March 28, 2005
TOPIC: Resolution No. 05 -43, Approving Joint Powers Agreement with Anoka
County, Birch /Hodgson Improvement Project
VOTE REQUIRED: Simple Majority
BACKGROUND:
Anoka County has provided the City with a Joint Powers Agreement for the
improvements at the intersection of County State Aid Highway 49 (Hodgson Road) and
County State Aid Highway 10 (Birch Street). The agreement sets forth the roles and
responsibilities of both the County and City for construction of the improvements.
The project is being undertaken as a City project with the associated costs assessed to
the benefiting developments of Spirit Hilis Commercial Center and Millers Crossroads.
However, since the intersection of Hodgson Road and Birch Street are both County
Roads, Anoka County is financially participating in the project.
The Joint Powers Agreement provides for Anoka County to:
A) Pay the City of Lino Lakes $50,000.00 for their share of the traffic signals.
B) Provide plan review and construction inspection at no cost to the City.
C) Furnish materials and components for the traffic signal system at no cost to the
City.
Staff is recommending approval of the agreement.
OPTIONS:
1. Return to staff for further review.
2. Adopt Resolution No. 05 -43, Approving the Joint Powers Agreement
3. Not adopt Resolution No. 05 -43
RECOMMENDATION:
Option No. 2
CITY OF LINO LAKES
RESOLUTION NO. 05 -43
RESOLUTION APPROVING A JOINT POWERS AGREEMENT WITH THE COUNTY
OF ANOKA FOR THE IMPROVEMENTS OF COUNTY STATE AID HIGHWAY 49 AND
COUNTY STATE AID HIGHWAY 10 (TRAFFIC CONTROL SIGNALS)
WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to
enter into Joint Power Agreements; and
WHEREAS, the parties of this agreement consider it mutually desirable to improve
County State Aid Highway 49 and County State Aid Highway 10 of service
and safety of the intersections included therein; and
WHEREAS, the parties agree that it is in the best interest that the cost of said project
be shared.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. Hereby approves the Joint Powers Agreement with Anoka County for the
Improvements of County State Aid Highway 49 (Hodgson Road) /County State
Aid Highway 10 (Birch Street) intersection and authorizes Mayor and City Clerk
to sign the agreement.
Adopted by the City Council this 28th day of March, 2005.
John J. Bergeson, Mayor
Ann J. Blair, City Clerk
JOINT POWERS AGREEMENT
FOR IMPROVEMENTS AT THE INTERSECTION OF COUNTY STATE AID
HIGHWAY 49 (HODGSON ROAD) AND COUNTY STATE AID HIGHWAY 10
(BIRCH STREET)
This Agreement made and entered into this day of xxxxax xxa , by and between the
County of Anoka, State of Minnesota, a political subdivision of the State of Minnesota,
2100 Third Avenue North, Anoka, Minnesota 55303, hereinafter referred to as "County ",
and the City of Lino Lakes, 600 Town Center Parkway, Lino Lakes, Minnesota 55014,
hereinafter referred to as the "City ".
WITNES SETH
WHEREAS, the parties of this agreement consider it mutually desirable to construct
improvements to the intersection of County State Aid Highway No. 49 (Hodgson Road)
and County State Aid Highway No. 10 (Birch Street) to improve the level of service and
safety of the intersection included therein; and,
WHEREAS, said intersection improvement area shall include County State Aid Highway
No. 49 (Hodgson Road) from 1650 feet south of Birch Street to 700 feet north of Birch
Street, and County State Aid Highway No. 10 (Birch Street) from Hodgson Road to1950
feet east of Hodgson Road; and,
WHEREAS, the intersection of County State Aid Highway No. 49 (Hodgson Road) and
County State Aid Highway No. 10 (Birch Street) has met warrants for a full traffic
actuated traffic control signal; and,
WHEREAS, the parties agree that the City shall cause the construction of intersection
and roadway improvements within the improvement area as described herein, and,
WHEREAS, Toltz, King, Duvall, Anderson And Associates Inc. has prepared plans and
specifications for Commission No. 12993 -01 which plans and specifications are dated
July 13, 2004, and which are on file in the office of the City Engineer; and,
WHEREAS, the parties agree that it is in their best interest that the cost of said project be
shared; and,
WHEREAS, Minnesota Statute 471.59 authorizes political subdivisions of the State to
enter into joint powers agreements for the joint exercise of powers common to each.
NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED:
I. PURPOSE
The parties have joined together for the purpose of constructing the roadway,
drainage, pathway, and traffic control systems improvements at the intersection of
County State Aid Highway No. 49 (Hodgson Road) and County State Aid Highway No.
10 (Birch Street); as described in the plans and specifications numbered 12993 -01 on file
in the office of the City of Lino Lakes and incorporated herein by reference.
II. METHOD
The City shall provide all engineering services with the exception of
services provided by the County as described herein. The City shall cause the
construction of Commission No. 12993 -01 in conformance with said plans and
specifications. The City shall perform the calling for all bids, acceptance of all bid
proposals, award of contract, and contract management.
III. COSTS
A. The contract costs of the work, or for work not contracted, the cost
of all labor, materials, normal engineering costs and equipment rental required to
complete the work, shall constitute the actual "construction costs" and shall be so referred
to herein. "Estimated costs" are good faith projects of the costs, which will be incurred
for this project. Actual costs may vary and those will be the costs for which the relevant
parties will be responsible.
B. The estimated cost of the total project is $795,000 which includes
legal, engineering, and financing costs. The construction contract, as awarded is
$613,848.58. Participation in the construction cost is as follows:
1. In addition to providing items as further described herein, the
County shall pay to the City $50,000 as its share of the
construction cost.
2. The County shall provide inspection of the traffic signal
construction and permanent signal operation maintenance at no
cost to the City.
3. The County shall furnish materials and components for the traffic
signal system, as described in the plans and specifications (12993-
01), at no cost to the City.
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4. The County shall provide plan review during design and peer
review as needed during construction at no cost to the City.
5. All remaining construction and engineering costs shall be the
responsibility of the City.
C. Upon award of the contract, the County shall pay to the City, upon
written demand by the City, 100% of its financial obligation as provided in this
Agreement.
IV. TERM
This Agreement shall continue until terminated as provided hereinafter.
V. DISBURSEMENT OF FUNDS
All funds disbursed by the County or City pursuant to this Agreement
shall be disbursed by each entity pursuant to the method provided by law.
VI. CONTRACTS AND PURCHASES
All contracts let and purchases made pursuant to this Agreement shall be
made by the City in conformance to the State laws.
VII. STRICT ACCOUNTABILITY
A strict accounting shall be made of all funds and report of all receipts and
disbursements shall be made upon request by either party.
VIII. TERMINATION
This Agreement may be terminated by either party at any time, with or
without cause, upon not less than thirty (30) days written notice delivered by mail or in
person to the other party. If notice is delivered by mail, it shall be deemed to be received
two (2) days after mailing. Such termination shall not be effective with respect to any
solicitation of bids or any purchases of services or goods, which occurred prior to such
notice of termination. The County shall pay its pro rata share of costs, which the City
incurred prior to such notice of termination.
IX. SIGNALIZATION POWER
The City shall at their sole expense, install or cause the installation of an
adequate electrical power source to the service cabinet for the traffic signal at the
intersection of County State Aid Highway No. 49 (Hodgson Road) and County State Aid
Highway No. 10 (Birch Street). The City shall be the lead agency in this matter. Upon
completion of said traffic controls signal installation, the ongoing cost of the electrical
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power to the signal shall be the sole cost and expense of the City.
X. MAINTENANCE
A. Maintenance of the completed roadway improvements, including
culverts, ditches, storm sewer, and drainage structures within the right of way of CSAH
49 and CSAH 10 shall be the sole obligation of the County.
B. Maintenance of all trails and sidewalks, including snow plowing,
shall be the sole responsibility of the City.
C. Maintenance of streetlights and cost of electrical power to the
streetlights shall be the sole obligation of the City.
D. The County shall maintain the traffic signal controller, traffic
signal and pedestrian indications, loop detectors and associated wiring of the said traffic
control signal located at the intersection of County State Aid Highway No. 49 (Hodgson
Road) and County State Aid Highway No. 10 (Birch Street) at the sole obligation of the
County.
E. Maintenance of any water main or sanitary sewer adjustments
required as part these improvements shall be the sole responsibility of the City.
F. Painting of the traffic control signal system shall be the sole
obligation of the County. The County will execute necessary contracts for signal painting
as needed, and will bill the city for actual costs incurred in signal painting.
G. Timing of the traffic signals shall be determined by the County.
H. Only the County shall have access to the controller cabinets.
I. The traffic control signals shall be the property of the County.
J. The City shall be responsible for maintenance of the luminaries,
luminaire relamping, and luminaire painting.
K. All maintenance of the EVP Systems shall be completed by the
County. The City shall be billed by the County on a quarterly basis for all incurred costs.
L. EVP Emitter Units may be installed on and used only by
Emergency Vehicles responding to an emergency as defined in Minnesota Statutes
§169.01, Subdivision 5, and §169.03. The City shall provide a list to the County Traffic
Engineer, or the County's duly appointed representative, of all such vehicles with emitter
units on an annual basis.
M. Malfunctions of the EVP System shall be immediately reported to
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the County.
N. All timing of said EVP System shall be determined by the County.
O. In the event said EVP System or components are, in the opinion of
the County, being misused, or the conditions set forth are violated, and such misuse or
violation continues after receipt by the City, written notice thereof from the County, the
County shall remove the EVP System. Upon removal of the EVP System pursuant to this
paragraph, the field wiring, cabinet wiring, detector receiver, infrared detector heads and
indicator lamps and all other components shall become the property of the County.
XI. NOTICE
For purposes of delivery of any notices hereunder, the notice shall be
effective if delivered to the County Administrator of Anoka County 2100 Third Avenue
North, Anoka, Minnesota 55303, on behalf of the County, and the City Administrator of
Lino Lakes, 600 Town Center Parkway, Lino Lakes, Minnesota 55014, on behalf of the
City.
XII. INDEMNIFICATION
The City and the County mutually agree to indemnify and hold harmless
each other from any claims, losses, costs, expenses or damages resulting from the acts or
omissions of the respective officers, agents, or employees relating to activities conducted
by either party under this Agreement.
XIII. ENTIRE AGREEMENT REQUIREMENT OF A WRITING
It is understood and agreed that the entire agreement of the parties is
contained herein and that this Agreement supersedes all oral agreements and all
negotiations between the parties relating to the subject matter thereof, as well as any
previous agreement presently in effect between the parties to the subject matter thereof.
Any alterations, variations, or modifications of the provisions of this Agreement shall be
valid only when they have been reduced to writing and duly signed by the parties.
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IN WITNESS,WHEREOF, the parties of this Agreement have hereunto set their hands on
the dates written below:
COUNTY OF ANOKA CITY OF LINO LAKES
By: By:
Margaret Langfeld, Chairman Name
Anoka County Board Title Mayor
of Commissioners
Dated: Dated:
ATTEST:
By: By:
John "Jay" McLinden Name
Anoka County Administrator Title City Administrator
Dated: Dated:
RECOMMENDED FOR APPROVAL:
By: By:
Douglas W. Fischer, P.E. Name
Anoka County Engineer Title City Engineer
APPROVED AS TO FORM AND EXECUTION:
By: By:
Dan flint Name
Assistant Anoka County Attorney
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