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Home My WebLink About06/27/2005 Council Packet• • • AMENDED AGENDA CITY OF LINO LAKES Monday, June 27, 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 Setting the Agenda: Addition or deletion of agenda items 1. Consent Agenda - A) Consideration of Expenditures: i) June 27, 2005 (Check No. 74028 through 74143 in the amount of $361,272.20). pg. 4 -14 Centennial Fire District (Check No. 14768 through 14780 in the amount of $1,738.46). pg. 15 B) Consider approving licensing for St. Joseph's Catholic Church annual fall festival pg. 16 -17 C) Consider Amendment to the Acclaim Benefits HIPAA Business Associate Addendum pg. 18 D) Authorization for Expenditure of Forfeiture Funds Pg. 19 E) Consider meeting minutes of Administrator Review F) Consider meeting minutes of Goal Setting G) Consider minutes of June 8, 2005 Council Work Session H) Consider minutes of June 13, 2005 Council Meeting Page 1 • • • AMENDED AGENDA 2. Finance Department Report, Al Rolek A) None. 3. Administration Department Report, Dan Tesch A) Consider annual liquor license renewals, Ann Blair pg. 20 -21 B) Consideration of Resolution No. 05 -88, Relating to the Vadnais Lake Water Management Organization (VLAWMO) Restructuring Option 1— Approving Merger pg. 22A Option 2 — Extending Current Agreement pg. 22B C) Consideration of Resolution No. 05 -89, Authorizing the Development and Implementation of a Communication and Citizen Awareness Plan and Entering Into a Contract for Services 4. Public Safety Department Report, Dave Pecchia A) Consider Youth Resources Contract 5. Public Services Department Report, Rick DeGardner pg. 23 pg. 24 -28 A) Consideration of Resolution 05 -86 Approving New Cingular Wireless PCS, LLC Antenna Lease Agreement pg. 29 -51 6. Community Development Department Report, Michael Grochala A) Consideration of Resolution No. 05 -85, Authorizing Distribution of I -35E Corridor Draft AUAR for Public Comment, Jeff Smyser pg. 52 -54 B) Consider 1st Reading of Ordinance No. 03 -05, Amending Ordinance No. 16 -01, Market Place Planned Development Overlay District, Paul Bengtson pg. 55 -89 C) Consideration of Resolution No. 05 -87, Calling for a Public Hearing Regarding Tax Abatement in Connection with YMCA Project, Mary Divine pg. 90 -96 D) Consider 1st Reading of Ordinance No. 04 -05, Amending Section 7 of the Lino Lakes Zoning Ordinance related to the SC, Shopping Center District, Michael Grochala pg. 97 -100 E) Federal Transportation Funding Letters of Support, Michael Grochala Page 2 • • • AMENDED AGENDA i. Consideration of Resolution No. 05 -81, Supporting Anoka County Application for CSAH 14 Pedestrian Trail Underpass Improvements. ii. Consideration of Resolution No. 05 -82, Supporting Anoka County Application for Rice Creek Chain of Lakes Regional Trail Improvements. iii. Consideration of Resolution No. 05 -83, Supporting Anoka County Application for CSAH 14/I35E Interchange Improvements iv. Consideration of Resolution No. 05 -84, Supporting City of Centerville Application for CSAH 14 Enhancements. pg. 101 -106 7. Unfinished Business A) None. 8. New Business A) None. 9. Community Calendar, June 28, 2005 through July 11, 2005: A) Environmental Board Meeting, Wednesday, June 29, 2005, 6:30 p.m. B) City Hall Closed, Monday, July 4, 2005 (Independence Day) C) Park Board Meeting, Monday, July 5, 2005, 6:30 p.m. D) Council Work Session, Wednesday, July 6, 2005, 5:30 p.m. E) EDAC Meeting, Thursday, July 7, 2005, 7:00 a.m. F) City Council Meeting, Monday, July 11, 2005, 6:30 p.m. 10. Adjourn Revised 06/27/05 AJB 9:30 a.m. Page 3 EXPANDED AGENDA CITY OF LINO LAKES Monday, June 27, 2005 Council Chambers City Council meeting 6:30 p.m. (6:36 P.M.) (Scheduled to be broadcast on Channel 16) Open Mike RESIDENT DENNIS ASCHE, 7117 LAKEVIEW DRIVE, PRESENTED A PETITION TO THE COUNCIL REQUESTING WATER AND SEWER SERVICE BE EXTENDED TO LAKEVIEW RESIDENTS, FROM ELM STREET TO NORTH ROAD. Call to Order and Roll Call COUNCILMEMBER STOLTZ WAS ABSENT. Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items THERE WERE NO CHANGES TO THE AGENDA. 1. Consent Agenda - A) Consideration of Expenditures: i) June 27, 2005 (Check No. 74028 through 74143 in the amount of $361,272.20). pg. 4 -14 ii) Centennial Fire District (Check No. 14768 through 14780 in the amount of $1,738.46). pg. 15 B) Consider approving licensing for St. Joseph's Catholic Church annual fall festival pg. 16 -17 C) Consider Amendment to the Acclaim Benefits HIPAA Business Associate Addendum pg. 18 D) Authorization for Expenditure of Forfeiture Funds Pg. 19 E) Consider meeting minutes of Administrator Review F) Consider meeting minutes of Goal Setting G) Consider minutes of June 8, 2005 Council Work Session Page 1 EXPANDED AGENDA H) Consider minutes of June 13, 2005 Council Meeting COUNCILMEMBER CARLSON REQUESTED THAT ITEM 1F, MINUTES OF GOAL SETTING, BE REMOVED FROM THE AGENDA AND PLACED ON THE NEXT AGENDA, TO GIVE COUNCIL TIME TO REVIEW THE NEU REPORT. COUCILMEMBER DAHL REQUESTED A MINOR CORRECTION TO ITEM 1G, JUNE 8, 2005 WORK SESSION MINUTES. MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER CARLSON, APPROVING THE CONSENT AGENDA, ITEMS 1A THROUGH 1E, ITEM 1G, AS CORRECTED, AND ITEM 1H, AND MOVING ITEM 1F TO THE JULY 11, 2005 COUNCIL MEETING. THE MOTION PASSED UNANIMOUSLY. 2. Finance Department Report, Al Rolek A) None. 3. Administration Department Report, Dan Tesch A) Consider annual liquor license renewals, Ann Blair pg. 20 -21 MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER CARLSON, APPROVING THE ANNUAL LICENSE RENEWALS AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. B) Consideration of Resolution No. 05 -88, Relating to the Vadnais Lake Water Management Organization (VLAWMO) Restructuring Option 1 — Approving Merger pg. 22A Option 2 Extending Current Agreement pg. 22B MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER CARLSON, FOR ADOPTION OF RESOLUTION NO. 05- 88, (PAGE 22A) APPROVING THE MERGER OF THE VLAWMO WITH THE RAMSEY- WASHINGTON METRO WATERSHED DISTRICT, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. C) Consideration of Resolution No. 05 -89, Authorizing the Development and Implementation of a Communication and Citizen Awareness Plan and Entering Into a Contract for Services pg. 23 Page 2 EXPANDED AGENDA THE COUNCIL CONSIDERED THIS ITEM OUT -OF- ORDER, FOLLOWING ITEM 6B, AS THE CONSULTANT WAS DELAYED DUE TO WEATHER. FOLLOWING THE POWERPOINT PRESENTATION, MOTION BY COUNCILMEMBER REINERT, SECONDED BY MAYOR BERGESON, FOR ADOPTION OF RESOLUTION NO. 05-89 AS RECOMMENDED BY STAFF. VOTE: TWO AYES, TWO NAYS. THE MOTION FAILED. COUNCILMEMBERS CARLSON AND DAHL VOTED NAY. COUNCILMEMBERS REINERT AND BERGESON VOTED AYE. 4. Public Safety Department Report, Dave Pecchia A) Consider Youth Resources Contract pg. 24 -28 THE COUNCIL CONSIDERED THIS ITEM OUT -OF- ORDER, FOLLOWING ITEM 6A. MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER CARLSON, APPROVING THE YOUTH RESOURCES CONTRACT AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. 5. Public Services Department Report, Rick DeGardner A) Consideration of Resolution 05 -86 Approving New Cingular Wireless PCS, LLC Antenna Lease Agreement pg. 29 -51 MOTION BY COUNCILMEMBER CARLSON, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05-86 AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. 6. Community Development Department Report, Michael Grochala A) Consideration of Resolution No. 05 -85, Authorizing Distribution of I -35E Corridor Draft AUAR for Public Comment, Jeff Smyser pg. 52 -54 MOTION BY COUNCILMEMBER CARLSON, SECONDED BY COUNCILMEMBER DAHL, TABLING THIS ITEM UNTIL THE NEXT COUNCIL MEETING FOR THE PURPOSE OF DISCUSSING FURTHER AT THE WORK SESSION. VOTE: THREE NAYS, ONE AYE. MOTION FAILED. COUNCILMEMBERS REINERT, DAHL, AND BERGESON VOTED NAY. COUNCILMEMBER CARLSON VOTED AYE. MOTION BY COUNCILMEMBER REINERT, SECONDED BY MAYOR BERGESON, FOR ADOPTION OF RESOLUTION NO. 05-85 AS RECOMMENDED BY STAFF. Page 3 EXPANDED AGENDA MOTION BY COUNCILMEMBER CARLSON, SECONDED BY COUNCILMEMBER DAHL, PROPOSING AN AMENDMENT TO THE MOTION PROVIDING FOR ADDITIONAL REVIEW REQUIRED IF A NORTHERLY BYPASS OR SPORTS STADIUM WERE PROPOSED. VOTE ON MOTION FOR AMENDMENT: TWO NAYS, TWO AYES. THE MOTION FAILED. COUNCILMEMBERS REINERT AND BERGESON VOTED NAY. COUNCILMEMBERS CARLSON AND DAHL VOTED AYE. VOTE ON MOTION FOR ADOPTION OF RESOLUTION NO. 05-85. THREE AYES, ONE NAY. THE MOTION PASSED. COUNCILMEMBERS REINERT, DAHL AND BERGESON VOTED AYE. COUNCILMEMBER CARLSON VOTED NAY. B) Consider 1st Reading of Ordinance No. 03 -05, Amending Ordinance No. 16 -01, Market Place Planned Development Overlay District, Paul Bengtson pg. 55 -89 MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER REINERT, APPROVING FIRST READING OF ORDINANCE NO. 03-05, AS RECOMMENDED BY STAFF. UPON ROLL CALL VOTE, THE MOTION PASSED UNANIMOUSLY. C) Consideration of Resolution No. 05 -87, Calling for a Public Hearing Regarding Tax Abatement in Connection with YMCA Project, Mary Divine pg. 90 -96 MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER CARLSON, FOR ADOPTION OF RESOLUTION NO. 05- 87, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. D) Consider 1st Reading of Ordinance No. 04 -05, Amending Section 7 of the Lino Lakes Zoning Ordinance related to the SC, Shopping Center District, Michael Grochala pg. 97 -100 MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER REINERT, APPROVING FIRST READING OF ORDINANCE NO. 04-05, AS RECOMMENDED BY STAFF. UPON ROLL CALL VOTE, THE MOTION PASSED UNANIMOUSLY. E) Federal Transportation Funding Letters of Support, Michael Grochala i. Consideration of Resolution No. 05 -81, Supporting Anoka County Application for CSAH 14 Pedestrian Trail Underpass Improvements. Page 4 EXPANDED AGENDA ii. Consideration of Resolution No. 05 -82, Supporting Anoka County Application for Rice Creek Chain of Lakes Regional Trail Improvements. iii. Consideration of Resolution No. 05 -83, Supporting Anoka County Application for CSAH 14/135E Interchange Improvements iv. Consideration of Resolution No. 05 -84, Supporting City of Centerville Application for CSAH 14 Enhancements. pg. 101 -106 THE COUNCIL CONSIDERED ITEMS 6E i THROUGH 6E iv TOGETHER. MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF THE FOLLOWING RESOLUTIONS: 05 -81, 05 -82, 05 -83, AND 05 -84 AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. 7. Unfinished Business A) None. 8. New Business A) None. 9. Community Calendar, June 28, 2005 through July 11, 2005: A) Environmental Board Meeting, Wednesday, June 29, 2005, 6:30 p.m. B) City Hall Closed, Monday, July 4, 2005 (Independence Day) C) Park Board Meeting, Monday, July 5, 2005, 6:30 p.m. D) Council Work Session, Wednesday, July 6, 2005, 5:30 p.m. E) EDAC Meeting, Thursday, July 7, 2005, 7:00 a.m. F) City Council Meeting, Monday, July 11, 2005, 6:30 p.m. 10. Adjourn MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER CARLSON, TO ADJOURN THE MEETING AT 9:07 P.M. THE MOTION PASSED UNANIMOUSLY. Page 5 Revised 06/27/05 AJB 9:30 a.m. EXPANDED AGENDA Pate 6 • EXPENDITURES JUNE 27, 2005 • • Date: 06/09/2005 Time: 10:17:40 Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 4703 - 4703 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) City of Lino Lakes Operator: JAL Page: 1 FM Entry - Invoice Journal Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Vendor # Name Discount # of items Net Gross Discount Lost 000105 UNITED PARCEL SERVICE 1 30.82 30.82 .00 .00 000184 BOYLE, KATIE 1 50.00 50.00 .00 .00 000304 KUSTERMAN, BILL 1 50.00 50.00 .00 .00 000413 MEANY, DAVE 1 30.00 30.00 .00 .00 000542 BEDSTED, CYNTHIA 1 80.00 80.00 .00 .00 001187 CONNEXUS ENERGY 1 2,614.63 2,614.63 .00 .00 001298 DEGARDNER, RICK 1 40.10 40.10 .00 .00 001875 HUELMAN, PAT 1 50.00 50.00 .00 .00 002355 LINDY, GEORGE 1 75.00 75.00 .00 .00 003011 MONTAIN, PAUL 1 50.00 50.00 .00 .00 003910 SAM'S CLUB, INC. 1 98.66 98.66 .00 .00 STREICHER'S, INC. 1 4,471.98 4,471.98 .00 .00 004367 TASCHUK, PAM 1 50.00 50.00 .00 .00 004538 FREDERICKSON, AARON 1 50.00 50.00 .00 .00 004560 U S BANK 1 1,427.00 1,427.00 .00 .00 004764 CARROLL, JAMES 1 63.89 63.89 .00 .00 900224 NORTH COUNTRY BUILDERS 1 2,500.00 2,500.00 .00 .00 900591 CORPORATE EXPRESS, INC. 1 4,070.43 4,070.43 .00 .00 Grand Totals: 18 15,802.51 15,802.51 .00 .00* • Date: 06/17/2005 Time: 10:27:53 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) . Invoice #: (A) Entry Journal #: (r) 4751 - 4751 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: s Vendor # Name # of items Net Gross Discount Lost 000012 AUDIO COMMUNICATIONS 2 1,095.36 1,095.36 .00 .00 000065 SCHARBER & SONS, INC. 1 1,391.01 1,391.01 .00 .00 000093 ACE SOLID WASTE, INC. 1 787.92 787.92 .00 .00 000100 AID ELECTRIC SERVICE, INC. 1 369.91 369.91 .00 .00 000157 ALL SEASONS RENTAL, INC. 3 411.60 411.60 .00 .00 000174 W. W. GOETSCH ASSOCIATES, INC. 1 947.00 947.00 .00 .00 000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 274.10 274.10 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 2 42.38 42.38 .00 .00 000225 WHITE BEAR LOCKSMITH, INC. 1 19.76 19.76 .00 .00 000293 WIPERS AND WIPES, INC. 3 652.35 652.35 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 1 90.00 90.00 .00 .00 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 90.96 90.96 .00 .00 000325 JORDAN, JILL MARIE 1 45.00 45.00 .00 .00 000420 ANOKA COUNTY 1 75,342.00 75,342.00 .00 .00 000537 CENTRAL PENSION FUND 1 2,227.20 2 227 20 .00 .00 000541 ASPEN MILLS, INC. 6 312.19 312.19 .00 .00 000569 MAVETZ, KELLY 1 95.00 95.00 .00 .00 000578 HANGGI, SONJA 1 30.00 30.00 .00 .DO 000588 HANNA, LEO 1 95.00 95.00 .00 .00 000589 JOHN E. REID AND ASSOCIATES, INC. 1 395.00 395.00 .00 .00 000590 IDEAL ADVERTISING, INC. 1 2,040.00 2,040.00 .00 .00 000596 KIMBALL, LINDA 1 45.00 45.00 .00 .00 Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount • Date: 06/17/2005 Time: 10:27:53 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Name Discount # of items Net Gross Discount Lost 000597 RICH, TIM 1 217.01 217.01 .00 .00 000605 SARGENT, MARY 1 95.00 95.00 .00 .00 000607 STAFSHOLT, MARIA 1 10.00 10.00 .00 .00 000609 DAVIDSON, MICHELE 1 10.00 10.00 .00 .00 000644 JDI SIGNS & GRAPHICS 1 170.00 170.00 .00 .00 000673 LANDFORM ENGINEERING COMPANY, INC. 1 285.70 285.70 .00 .00 000675 BILL'S RENTAL CENTER, INC. 1 62.37 62.37 .00 .00 000677 PHILIP'S TREE CARE 1 239.63 239.63 .00 .00 000680 BEST ACCESS SYSTEMS, INC. 1 49.85 49.85 .00 .00 000753 WONG, ROBIN 1 10.00 10.00 .00 .00 000758 IMPERIAL HOMES, INC. 1 2,500.00 2,500.00 .00 .00 000770 BOYER TRUCKS, INC. 1 42.30 42.30 .00 .00 000850 OPATZ, ARLISS 1 95.00 95.00 .00 .00 000900 W E LAHR COMPANY 1 676.29 676.29 .00 .00 000930 WILLIAM G. HAWKINS & ASSOCIATES 1 14,359.40 14,359.40 .00 .00 000946 C. P. OFFICE PRODUCTS 5 680.75 680.75 .00 .00 CO C. W. HOULE, INC. 1 3,563.00 3,563.00 .00 .00 000998 AGGREGATE INDUSTRIES, INC. 1 78.61 78.61 .00 .00 001014 T/C BUILDERS, INC. 3 7,500.00 7,500.00 .00 .00 001103 FINGERPRINT AMERICA, INC. 1 315.00 315.00 .00 .00 001115 CHICILO HOMES, INC. 1 2,500.00 2,500.00 .00 .00 001260 ACCLAIM BENEFITS 1 144.20 144.20 .00 .00 001270 DALCO, INC. 1 96.19 96.19 .00 .00 001292 DEHN OIL COMPANY, INC. 1 3,982.00 3,982.00 .00 .00 001349 E. H. RENNER & SONS, INC. 1 33,596.28 33,596.28 .00 .00 001360 E. L. REINHARDT COMPANY, INC. 1 18.71 18.71 .00 .00 001530 FOREST LAKE FORD, INC. 1 39.85 39.85 .00 .00 Date: 06/17/2005 Time: 10:27:54 City of Lino Lakes FM Entry - Invoice Journal V # Name Operator: JAL Page: 3 Discount # of items Net Gross Discount Lost 001561 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 1 1,895.03 1,895.03 .00 .00 001605 GOVERNMENT FINANCE OFFICERS ASSOC 1 415.00 415.00 .00 .00 001621 GREG LARSON SPORTS - GLS, INC. 1 451.98 451.96 .00 .00 001680 ONE CALL CONCEPTS, INC. 1 834.30 834.30 .00 .00 001860 KENNEDY AND GRAVEN, INC. 1 50.00 50.00 .00 .00 001880 HUGO FEED MILL & ELEVATOR, INC. 1 90.13 90.13 .00 .00 002000 INTL UNION OF OPER ENGR 1 450.00 450.00 .00 .00 002110 KATH AUTO PARTS, INC. 1 184.51 184.51 .00 .00 002248 LARSON ALLEN WEISHAIR & CO., LLP 1 2,500.00 2,500.00 .00 .00 002328 LEEF BROTHER, INC. 1 15.39 15.39 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 2 215.31 215.31 .00 .00 002508 MUNICIPAL CLERKS /FINANCE OFFICERS ASSOC 1 35.00 35.00 .00 .00 002522 DALCO ROOFING /SHEET METAL, INC. 1 1,859.00 1,859.00 .00 .00 002550 MENARDS, INC. 1 91.00 91.00 .00 .00 002570 METRO COUNCIL WASTEWATER SERVICES 1 99,635.54 99,635.54 .00 .00 irk 01 MIDWEST LANDSCAPES, INC. 1 9,799.25 9,799.25 .00 .00 CENTERPOINT /MINNEGASCO, INC. 1 966.20 966.20 .00 .00 002720 MINNESOTA CITY /COUNTY MGMT ASSOC 1 80.00 80.00 .00 .00 002760 MN. DEPT OF HEALTH 1 23.00 23.00 .00 .00 002786 MINNESOTA CRIME PREVENTION ASSOCIATION 1 55.00 55.00 .00 .00 002820 MN. POLLUTION CONTROL AGENCY 1 40.00 40.00 .00 .00 002890 MILLER, CHRIS 1 225.33 225.33 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 246.42 246.42 .00 .00 003050 MRPA 1 125.00 125.00 .00 .00 003091 MN NCPERS LIFE INSURANCE 1 416.00 416.00 .00 .00 003123 NATURE CALLS, INC. 1 1,099.05 1,099.05 .00 .00 003163 UNDERWATER ADVENTURES, LLC 1 1,361.46 1,361.46 .00 .00 • 8 Date: 06/17/2005 Time: 10:27:54 City of Lino Lakes Operator: JAL Page: 4 FM Entry - Invoice Journal Discount Name # of items Net Gross Discount Lost 003218 SINNA, JOHN 1 2,500.00 2,500.00 .00 .00 003250 XCEL ENERGY 1 3,690.69 3,690.69 .00 .00 003491 PETTY CASH 1 60.79 60.79 .00 .00 003550 ALPHA ATHLETICS 1 280.85 280.85 .00 .00 003600 PRESS PUBLICATIONS, INC. 1 220.80 220.80 .00 .00 003620 PRINTERS SERVICE, INC. 1 28.00 28.00 .00 .00 003639 QUALITY CHECKED CONSTRUCTION 1 3,000.00 3,000.00 .00 .00 003880 SHORT - ELLIOTT- HENDRICKSON, INC. 2 25,168.80 25,168.80 .00 .00 003882 SHRED -IT, INC. 1 54.95 54.95 .00 .00 003900 SAFETY KLEEN CORPORATION, INC. 2 397.30 397.30 .00 .00 004224 XCEL OUTDOOR LIGHTING 1 7,074.00 7,074.00 .00 .00 004240 STREICHER'S, INC. 2 540.51 540.51 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 2 2,212.53 2,212.53 .00 .00 004350 T.K.D.A. 1 9,406.78 9,406.78 .00 .00 004410 THANE HAWKINS POLAR CHEVROLET, INC. 1 48.17 48.17 .00 .00 00 X27 TIMESAVER OFF -SITE SECRETARIAL, INC 3 613.50 613.50 .00 .00 0 TURF SUPPLIES, INC. 1 2,811.60 2,811.60 .00 .00 004761 INTERNATIONAL PUBLIC MANAGEMENT ASSOC. 1 145.00 145.00 .00 .00 004762 NEU & COMPANY, INC. 1 4,427.09 4,427.09 .00 .00 004840 WINNICK SUPPLY, INC. 3 470.78 470.78 .00 .00 006304 TBS OFFICE AUTOMATIONS, INC. 1 276.37 276.37 .00 .00 900524 BURGER, LUANN 1 746.40 746.40 .00 .00 Grand Totals: 124 345,469.69 345,469.69 .00 .00* • Date: 06/17/2005 Time: 10:35:48 Operator: JAL • Ranges: Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: Cash #: Payroll Check Dates: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Options: Print: Report Format: # of copies: Total By Account: Check # Vendor Alpha Name (A) (A) (A) (A) (A) (r) 4704 4764 (A) (A) (A) Sort: D 1 Print Ranges /Options: Y 1 Process Payroll: N Y Page on Sort: N Description Dept Amount 0 ALL SEASONS RENTAL, IN 0 AMERICAN FAMILY LIFE A 74028 BEDSTED, CYNTHIA 0 CENTRAL PENSION FUND 0 CHICILO HOMES, INC. 74032 CORPORATE EXPRESS, INC 0 DAVIDSON, MICHELE O HANGGI, SONJA O HANNA, LEO O IMPERIAL HOMES, INC. 0 INTL UNION OF OPER ENG O JORDAN, JILL MARIE 0 KIMBALL, LINDA 0 MAVETZ, KELLY •38 MEANY, DAVE 0 METRO COUNCIL WASTEWAT 0 MIDWEST LANDSCAPES, IN 0 MN CHILD SUPPORT PAYME O MN NCPERS LIFE INSURAN 74040 NORTH COUNTRY BUILDERS 0 OPATZ, ARLISS 0 QUALITY CHECKED CONSTR 0 SARGENT, MARY O SINNA, JOHN O STAFSHOLT, MARIA O T/C BUILDERS, INC. 0 WILLIAM G. HAWKINS & A 0 WONG, ROBIN 0 XCEL OUTDOOR LIGHTING GRILL PAYROLL WITHHOLDING REIMBURSE PROGRAM REC PAYROLL WITHHOLDING REIMB BLDG ESCROW /1517 PANELS REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMS BLDG ESCROW /1493 PAYROLL WITHHOLDING REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REISSUE AP #73876 /PROGRA MAY SAC /JUNE SEWER TREES MECKLE, TERRY 0014011778 PAYROLL WITHHOLDING REIMB BLDG ESCROW /346 OA REIMBURSE PROGRAM REC REIMS BLDG ESCROW /2303 REIMBURSE PROGRAM REC REIMB BLDG ESCROW /1720 REIMBURSE PROGRAM REC REIMB BLDG ESCROW /6434 CRIMINAL /MUNICIPAL ATTOR REIMBURSE PROGRAM REC STREET LIGHT /MILLERS CRO Total for Dept ** * * * * * * ** 105.44 * * * * * * ** 274.10 * * * * * * ** 80.00 * * * * * * ** 2,227.20 S * * * * * * ** 2,500.00 * * * * * * ** 4,070.43 * * * * * * ** 10.00 * * * * * * ** 30.00 * * * * * * ** 95.00 O * * * * * * ** 2,500.00 * * * * * * ** 450.00 * * * * * * ** 45.00 * * * * * * ** 45.00 * * * * * * ** 95.00 * * * * * * ** 30.00 * * * * * * ** 54,549.00 * * * * * * ** 9,571.00 * * * * * * ** 246.42 * * * * * * ** 416.00 * * * * * * ** 2,500.00 * * * * * * ** 95.00 O * * * * * * ** 3,000.00 * * * * * * ** 95.00 M * * * * * * ** 2,500.00 * * * * * * ** 10.00 p * * * * * * ** 7,500.00 * * * * * * ** 909.00 * * * * * * ** 10.00 * * * * * * ** 7,074.00 101,032.59* 0 LARSON ALLEN WEISHAIR AUDIT Total for Dept 200 74044 U S BANK • PROGRAM 50.00 50.00* LODGING /PARTS /SOFTWARE /P ADULT SP 50.00 Total for Dept 202 50.00* Date: 06/17/2005 Time: 10:35:48 Operator: JAL • Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 MRPA SUMMER LEADERSHIP WORKSH SPECIAL 0 UNDERWATER ADVENTURES, PROGRAM REC SPECIAL Total for Dept 205 O ALPHA ATHLETICS T- SHIRTS YOUTH IN 0 BURGER, LUANN PROGRAM REC /DANCE CLASSE YOUTH IN Total for Dept 207 0 GREG LARSON SPORTS - G GOALS 0 IDEAL ADVERTISING, INC JERSEY Total for Dept 208 YOUTH SP YOUTH SP 125.00 1,361.46 1,486.46* 280.85 746.40 1,027.25* 451.98 2,040.00 2,491.98* O NEU & COMPANY, INC. LEADERSHIP WORKSHOP MAYOR /CO 4,427.09 0 TIMESAVER OFF -SITE SEC JUNE 8 MAYOR /CO 334.00 74044 U S BANK LODGING /PARTS /SOFTWARE /P MAYOR /C0 150.15 Total for Dept 401 4,911.24* 0 ACCLAIM BENEFITS FLEXIBLE SPENDING ADMINI ADMINIST 144.20 0 INTERNATIONAL PUBLIC M MEMBERSHIP /DAN T ADMINIST 145.00 0 MINNESOTA CITY /COUNTY MEMBERSHIP /DAN T ADMINIST 80.00 0 - MUNICIPAL CLERKS /FINAN MEMBERSHIP /JEAN V ADMINIST 35.00 0 PRESS PUBLICATIONS, IN ADVERTISING ADMINIST 220.80 74044 U S BANK LODGING /PARTS /SOFTWARE /P ADMINIST 62.62 Total for Dept 402 687.62* 0 ANOKA COUNTY ASSESSMENT CONTRACT FINANCE 75,342.00 O GOVERNMENT FINANCE OFF 2004 CERTIFICATE OF ACHI FINANCE 415.00 O KENNEDY AND GRAVEN, IN REGISTRATION /AL R FINANCE 50.00 • 0 CARSON ALLEN WEISHAIR AUDIT FINANCE 1,100.00 Total for Dept 407 76,907.00* 0 WILLIAM G. HAWKINS & A CRIMINAL /MUNICIPAL ATTOR LEGAL CO 13,450.40 Total for Dept 414 13,450.40* 0 LANDFORM ENGINEERING C MASTER PLAN ECONOMIC Total for Dept 415 O SHORT - ELLIOTT - HENDRICK GIS /MAY Total for Dept 418 0 0 0 74030 74031 0 0 0 0 0 • AID ELECTRIC SERVICE, ASPEN MILLS, INC. C. P. OFFICE PRODUCTS CARROLL, JAMES CONNEXUS ENERGY EMERGENCY AUTOMOTIVE T FINGERPRINT AMERICA, I IMAGE PRINTING & GRAPH JOHN E. REID AND ASSOC KATH AUTO PARTS, INC. COMM DEV TROUBLESHOOT CONTROLLER POLICE UNIFORM SUPPLIES POLICE OFFICE SUPPLIES POLICE REIMBURSE UNIFORM ALLOWA POLICE MONTHLY SERVICE /MAY POLICE LIGHTBAR POLICE SAFETY SEAT PROGRAM POLICE PRINTING POLICE REGISTRATION /KELLY MC POLICE HOOK /FLOOR MATS POLICE 285.70 285.70* 480.00 480.00* 369.91 312.19 226.60 63.89 21.31 1,895.03 315.00 50.48 395.00 184.51 Date: 06/17/2005 Time: 10:35:48 Operator: JAL • Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name 0 74041 0 0 74042 74044 74045 Description Dept Amount MINNESOTA CRIME PREVEN SAM'S CLUB, INC. SHRED -IT, INC. STREICHER'S, INC. STREICHER'S, INC. U S BANK UNITED PARCEL SERVICE MEMBERSHIP /KAREN A TAPE /FRAME /FILM DESTROY CONFIDENTIAL MAT REISSUE AP #74077 UNIFORM SUPPLIES LODGING /PARTS /SOFTWARE /P DELIVERY SERVICE Total for Dept 420 POLICE POLICE POLICE POLICE POLICE POLICE POLICE O AGGREGATE INDUSTRIES, WINTER SALT STREETS 0 C. W. HOULE, INC. RECONSTRUCT CATCHBASINS STREETS 74031 CONNEXUS ENERGY MONTHLY SERVICE /MAY STREETS 0 MILLER, CHRIS REIMBURSE CLOTHING ALLOW STREETS O T.A. SCHIFSKY AND SONS ASPHALT STREETS Total for Dept 430 0 AUDIO COMMUNICATIONS CERTIFY NEW ONE TON FLEET O BOYER TRUCKS, INC. ELEMENT FLEET 0 DEHN OIL COMPANY, INC. GASOHOL FLEET 0 E. L. REINHARDT COMPAN PAPER FLEET 0 FOREST LAKE FORD, INC. SENSOR 9 CREDIT CORE RET FLEET 0 JDI SIGNS & GRAPHICS LOGOS FLEET 0 LEEF BROTHER, INC. SHOP TOWELS FLEET 0 PETTY CASH SUPPLIES/ /BROOM /PARTS FLEET O SCHARBER & -SONS, INC. PARTS /SUPPLIES FLEET 0 THANE HAWKINS POLAR CH PARTS /SUPPLIES FLEET 74044 U S BANK LODGING /PARTS /SOFTWARE /P FLEET 0 W E LAHR COMPANY PARTS /SUPPLIES FLEET III 0 WHITE BEAR LOCKSMITH, KEYS FLEET O WINNICK SUPPLY, INC. CHAIN /CLEVIS /BINDERS FLEET Total for Dept 431 0 0 0 0 0 0 74031 0 0 0 0 74044 0 0 0 • ACE SOLID WASTE, INC. ALL SEASONS RENTAL, IN AMERIPRIDE LINEN /APPAR BEST ACCESS SYSTEMS, I C. P. OFFICE PRODUCTS CENTERPOINT /MINNEGASCO CONNEXUS ENERGY DALCO ROOFING /SHEET ME DALCO, INC. PETTY CASH TBS OFFICE AUTOMATIONS U S BANK WINNICK SUPPLY, INC. WIPERS AND WIPES, INC. XCEL ENERGY MONTHLY SERVICE /JUNE READY MIX MAT RENTAL RINGS /LOCK OFFICE SUPPLIES MONTHLY SERVICE /MAY MONTHLY SERVICE /MAY ROOF REPAIR DISPENSER SUPPLIES / /BROOM /PARTS COPIER MAINTENANCE GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME LODGING /PARTS /SOFTWARE /P GOVERNME GAUGES GOVERNME SUPPLIES GOVERNME MONTHLY SERVICE /JUNE GOVERNME Total for Dept 432 0 ALL SEASONS RENTAL, IN READY MIX PARKS 55.00 98.66 54.95 540.51 4,471.98 625.00 30.82 9,710.84* 78.61 3,563.00 781.96 225.33 2,212.53 6,861.43* 1,095.36 42.30 3,982.00 18.71 39.85 170.00 15.39 15.98 1,391.01 48.17 36.54 676.29 19.76 362.70 7,914.06* 419.25 153.08 90.96 49.85 454.15 280.50 776.94 1,859.00 96.19 40.11 276.37 113.95 12.31 652.35 3,461.52 8,736.53* 153.08 Date: 06/17/2005 Time: 10:35:48 Operator: JAL • Check # 0 0 0 74031 74033 0 0 0 0 0 0 0 Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount AMERICAN FASTENER & SU BILL'S RENTAL CENTER, CENTERPOINT/MINNEGASCO CONNEXUS ENERGY DEGARDNER, RICK HUGO FEED MILL & ELEVA MENARDS, INC. NATURE CALLS, INC. PHILIP'S TREE CARE PRINTERS SERVICE, INC. TURF SUPPLIES, INC. WINNICK SUPPLY, INC. 0 PETTY CASH 74029 74034 74035 74036 74037 74039 74043 0 BOYLE, KATIE FREDERICKSON, AARON HUELMAN, PAT KUSTERMAN, BILL LINDY, GEORGE MONTAIN, PAUL TASCHUK, PAM TIMESAVER OFF -SITE SEC DRILL BIT /NUTS AUGER RENTAL MONTHLY SERVICE /MAY MONTHLY SERVICE /MAY MILEAGE BUSHING /FUEL LINE ORIENT STRAND PORTABLE RESTROOMS SPRAYING SHARPEN CHIPPER KNIVES SUPPLIES GAUGES Total for Dept 450 SUPPLIES/ /BROOM /PARTS Total for Dept 451 QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND JUNE 6 Total for Dept 452 PARKS 14.30 PARKS 62.37 PARKS 135.40 PARKS 42.60 PARKS 40.10 PARKS 90.13 PARKS 91.00 PARKS 1,099.05 PARKS 239.63 PARKS 28.00 PARKS 2,811.60 PARKS 95.77 4,903.03* RECREATI 4.70 4.70* PARK BOA 50.00 PARK BOA 50.00 PARK BOA 50.00 PARK BOA 50.00 PARK BOA 75.00 PARK BOA 50.00 PARK BOA 50.00 PARK BOA 112.00 487.00* O TIMESAVER OFF -SITE SEC MAY 25 ENVIRONM 167.50 11111 Total for Dept 461 167.50* O ACE SOLID WASTE, INC. MONTHLY SERVICE /JUNE O SAFETY KLEEN CORPORATI RECYCLE USED OIL Total for Dept 462 0 MIDWEST LANDSCAPES, IN TREES 0 RICH, TIM REIMBURSE TREE REMOVAL Total for Dept 463 0 74031 0 0 0 0 0 74044 0 • CENTERPOINT /MINNEGASCO CONNEXUS ENERGY IMAGE PRINTING & GRAPH INSTRUMENTAL RESEARCH, LARSON ALLEN WEISHAIR MN. DEPT OF HEALTH ONE CALL CONCEPTS, INC U S BANK W. W. MONTHLY SERVICE /MAY MONTHLY SERVICE /MAY PRINTING WATER SAMPLES AUDIT RENEWAL FEE MONTHLY SERVICE /MAY LODGING /PARTS /SOFTWARE /P GOETSCH ASSOCIAT REPAIR IMPELLER Total for Dept 494 0 AMERICAN FASTENER & SU PARTS SOLID WA 368.67 SOLID WA 397.30 765.97* FORESTRY 228.25 FORESTRY 217.01 445.26* WATER 550.30 WATER 916.77 WATER 164.83 WATER 90.00 WATER 250.00 WATER 23.00 WATER 417.15 WATER 232.49 WATER 947.00 3,591.54* SEWER 28.08 Date: 06/17/2005 Time: 10:35:48 Operator: JAL Page: 5 City of Lino Lakes • FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 74031 CONNEXUS ENERGY MONTHLY SERVICE /MAY SEWER 75.05 0 LARSON ALLEN WEISHAIR AUDIT SEWER 250.00 0 METRO COUNCIL WASTEWAT MAY SAC /JUNE SEWER SEWER 45,086.54 74046 M MN. POLLUTION CONTROL REGISTRATION JEFF FROST SEWER 40.00 0 ONE CALL CONCEPTS, INC MONTHLY SERVICE /MAY SEWER 417.15 74044 U 5 BANK LODGING /PARTS /SOFTWARE /P SEWER 156.25 0 XCEL ENERGY MONTHLY SERVICE /JUNE SEWER 229.17 Total for Dept 495 46,282.24* 0 E. H. RENNER & SONS, I CONTRACTOR /WELL #5 OTHER 33,596.28 0 LARSON ALLEN WEISHAIR AUDIT OTHER 850.00 0 SHORT - ELLIOTT- HENDRICK LAKE DRIVE OTHER 24,688.80 0 T.K.D.A. SHENANDOAH AREA OTHER 9,406.78 Total for Dept 499 68,541.86* Grand Total 361,272.20* • Centennial Fire District Check Register 6/16/2005 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 6/16/2005 14768 6/16/2005 14769 6/16/2005 14770 6/16/2005 14771 6/16/2005 14772 6/16/2005 14773 6/16/2005 14774 6/16/2005 14775 6/16/2005 14776 6/16/2005 14777 6/16/2005 14778 6/16/2005 14779 6/16/2005 14780 Amoco Oil Company Aspen Mills Comcast David Bruder Fire Engineering Franklin Products Frattallone's Hardware Kalli Haapoja Loffer Business Systems Qwest Randy T. Rolstad Viking Office Products Xcel Energy Total 1 of 1 - 1 5 - ACCOUNT 42100 - Fuel and Lube 42120 - Uniform Expense 42130 - Office Supplies 42130 - Equipment Expense 42210 - Subscriptions 42190 - Fire Prevention Supplies 42230 - Cleaning Supplies Expense 42110 - Other Maintenance 42130 - Office Supplies 42240 - Telephone 42000 - Vehicle Maintenance 42180 - Office Supplies Expense 42254 - Station 2 - Electric AMOUNT 257.08 82.96 95.00 10.14 99.75 138.31 214.80 42.00 17.77 187.90 70.29 36.61 485.85 1,738.46 • • • STAFF ORIGNINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 1B Jean Viger, Deputy Clerk June 27, 2005 Consider Resolution 05 -80, Approving Application for Temporary 3.2 Percent Malt Liquor (Beer) License, a Cabaret License and an Exemption for Gambling Permit for the Annual St. Joseph Catholic Church August Festival. Simple Majority (3/5 Vote) St. Joseph Catholic Church is hosting its armual August Festival on Saturday, August 13 and Sunday, August 14, 2005. As part of the celebration, food and beverages, including beer, will be served. The Lino Lakes City Code, 702.02, Subd. 3, states "temporary on- sale licenses shall be granted only to bona fide clubs and charitable, religious and non- profit organizations for the sale of beer for consumption on the premises only ". In addition, the parish has made application to acquire a cabaret license and approval for an exemption for lawful gambling permit. A dance will be held Saturday, August 13, from 5:00 p.m. to 10:00 p.m. and Sunday, August 14, from 11:00 a.m. to 5:00 p.m. Non- profit organizations are allowed, under State Gambling Statutes, to apply for an exemption permit if they conduct fewer than five (5) gambling occasions per year. St. Joseph Catholic Church conducts fewer than five. St. Joseph's has completed the necessary applications, submitted a current certificate of insurance and paid the proper fees. The applications and the certificate of insurance are on file in the city clerk's office. The police department is conducting a background investigation and approval is contingent upon a finding of no information that would require a recommendation of denial. OPTIONS: 1. Approve Resolution No. 05 -80 2. Deny Approval of Resolution No. 05 -80 RECOMMENDATION: 1. Approve Resolution No. 05 -80 contingent upon favorable background investigation. - 16 - • • • COUNTY OF ANOKA CITY OF LINO LAKES RESOLUTION NO. 05 -80 RESOLUTION APPROVING APPLICATION FOR A 3.2 PERCENT MALT LIQUOR (BEER) LICENSE, CABARET LICENSE AND AN EXEMPTION FOR GAMBLING PERMIT FOR THE ANNUAL ST. JOSEPH CATHOLIC CHURCH AUGUST FESTIVAL WHEREAS, the Lino Lakes City Council met at its regularly scheduled meeting of June 27, 2005; and WHEREAS, St. Joseph Catholic Church has made application for a 3.2 percent malt liquor (beer) license, a cabaret license and an exemption for lawful gambling permit for their annual August Festival to be held on August 13th and 14th, 2005; and WHEREAS, the City of Lino Lakes Police Depai talent has conducted an investigation of St. Joseph Catholic Church; and WHEREAS, St. Joseph Catholic Church is in compliance with city ordinance; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves the 3.2 percent malt liquor (beer) license, the cabaret license and the application for exemption for gambling permit for the August festival. Approved by the City Council of the City of Lino Lakes this 27th day of June, 2005. ATTEST: Ann J. Blair, City Clerk John J. Bergeson, Mayor • • AGENDA ITEM 10 AMENDMENT TO THE ACCLAIM BENEFITS HIPAA BUSINESS ASSOCIATE ADDENDUM This Amendment to the Acclaim Benefits HIPAA Business Associate Addendum (the "Addendum ") is made and entered into this 20th day of April, 2005, by and between on behalf of and in its capacity as Plan Administrator of the Covered Entity ( "CE ") and Acclaim Benefits ("ACCLAIM"). WHEREAS, the CE and ACCLAIM have previously entered into a HIPAA Business Associate Addendum; and WHEREAS, Section 9 of the Addendum provides that the Addendum may be amended at any time by the written consent of the parties; NOW, THEREFORE, effective April 20, 2005, Section 2 of the Addendum has been amended to include the following new subsection: 2.k. ACCLAIM will implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits on behalf of the covered entity as required pursuant to 45 CFR Parts 160, 162, and 164. ACCLAIM will ensure that any agent, including a subcontractor, to whom it provides such information, agrees to implement reasonable and appropriate safeguards to protect it; and report to the covered entity any security incident of which it becomes aware. IN WITNESS WHEREOF, the parties hereto have caused the execution of this Amendment the day and year first above written. CITY OF LINO LAKES ACCLAIM BENEFITS FLEXIBLE SPENDING ACCOUNTS PLAN By: By: ht)skA'-t Print Name: Title: Date: Print Name: Jeffrey Ackerson Title: General Manager of Operations Date: April 13, 2005 AGENDA ITEM 1 -D STAFF ORIGINATOR David J. Pecchia, Public Safety Director /Chief of Police DATE June 27, 2005 TOPIC VOTE REQUIRED BACKGROUND Designating Forfeiture Revenues Simple Majority The City of Lino Lakes receives DWI and drug forfeiture funds from time to time. Based on the State Law and the Department's Policies and Procedures these funds must be expended for Law Enforcement purposes. We are requesting that the Council approve the purchase of four (4) defibrillators, mats for defensive tactics training from the drug forfeiture funds and four (4) digital cameras with printer from the DWI forfeiture funds. We anticipate the cost of these items to be approximately $10,400 from the drug forfeiture funds and approximately $980.00 from the DWI forfeiture funds. OPTIONS 1. Approve request 2. Return to staff for further information. RECOMMENDATION Option No. 1 • Agenda Item 3A • • Resolution • • CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 05-88 APPROVING MERGER OF THE VADNAIS LAKE AREA WATER MANAGEMENT ORGANIZATION (VLAWMO) WITH THE RAMSEY- WASHINGTON METRO WATERSHED DISTRICT WHEREAS, along with other local governing bodies within the Vadnais Lake watershed, the City of Lino Lakes is party to a Joint Powers Agreement which established and governs the Vadnais Lake Area Water Management Organization ( "VLAWMO "), which seeks continuous improvement of source water quality through various water management techniques and improvement projects within the watershed; and WHEREAS, in October of 2004, VLAWMO members adopted a one -year (1) extension to the Joint Powers Agreement, during which time VLAWMO would discuss how its scope and organizational structure could be more effective; and WHEREAS, increased financial and staffing resources will be required in order to be more effective in addressing water resource management issues and to meet increasing state and federal water management requirements; and WHEREAS, VLAWMO examined various means that would enable it to expand its scope of management practices to include a more intensive watershed management program and to obtain taxing authority by becoming a Watershed District or a Special Taxing District or substantially increasing its budget; and WHEREAS, the City Council of Lino Lakes has determined that a merger with the Ramsey - Washington Metro Watershed District is the most effective organizational structure to achieve continuous improvement of source water quality; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA that; the City of Lino Lakes does hereby approve a merger of the Vadnais Lake Area Water Management Organization with the Ramsey - Washington Metro Watershed District, and does hereby direct its representative on the Vadnais Lake Area Water Management Organization to execute all actions necessary to accomplish said merger on behalf of the City of Lino Lakes. Adopted by the Lino Lakes City Council this 27th day of June, 2005 John J. Bergeson, Mayor Ann Blair, City Clerk CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 05-88 EXTENDING THE JOINT POWERS AGREEMENT BEWEEN THE COMMUNITIES, OR PARTS THEREOF, WHICH DRAINS TO THE VADNAIS LAKE WATERSHED AND ARE PART OF THE VADNAIS LAKE AREA WATER MANAGEMENT ORGANIZATION (VLAWMO) WHEREAS, VLAWMO was organized to be the responsible governmental unit to provide oversight and management to see that the requirements of the Metropolitan Water Management Act were enforced in the Vadnais Lake Watershed area; and WHEREAS, VLAWMO over the years has met the requirements of the Metropolitan Water Management Act; and WHEREAS, the member communities of VLAWMO have enjoyed local control via appointment of a representative to represent their community on the VLAWMO Board; and WHEREAS, Lino Lakes acknowledges that there are areas of VLAWMO's authority that need to be improved and are willing to increase annual contributions to VLAWMO, it is felt that the most efficient means to deliver water management services at this time is through a water management organization; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA that; the City of Lino Lakes does hereby recommend that the Joint Powers Agreeement between member communities be extended. Adopted by the Lino Lakes City Council this 27th day of June, 2005 John J. Bergeson, Mayor Ann Blair, City Clerk CITY OF LINO LAKES RESOLUTION NO. 05 -89 A RESOLUTION AUTHORIZING THE DEVELOPMENT AND IMPLEMENTATION OF A COMMUNICATION AND CITIZEN AWARENESS PLAN AND ENTERING INTO A CONTRACT WITH SPRINGSTED, INC., PARTNERING WITH HIMLE HORNER WHEREAS, the City of Lino Lakes has prepared a Pavement Management Program to guide the maintenance and reconstruction of its streets; and WHEREAS, the City is required by its Charter to hold a referendum for street improvement projects which are to be partially assessed; and WHEREAS, the City Council finds it necessary to develop and implement an effective communication plan to inform voters of the Pavement Management Program and proposed street improvement projects to be included in the November, 2005 referendum; and WHEREAS, Springsted, Inc. partnering with Himle Horner, has submitted a proposal to provide services to the City of Lino Lakes to prepare and implement a Communication and Citizen Awareness Plan to inform voters of the Pavement Management Program and proposed street improvement projects to be included in the November, 2005 referendum. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves the proposal and contract with Springsted, Inc. partnering with Himle Horner to develop and implement a Communication and Citizen Awareness Plan for the Pavement Management Program and proposed street improvement projects scheduled for the November, 2005 referendum. Adopted by the Lino Lakes City Council this 27th day of June 2005. Ann Blair, City Clerk 23 John J. Bergeson, Mayor • STAFF ORIGINATOR DATE TOPIC AGENDA ITEM 4A David J. Pecchia, Public Safety Director June 27, 2005 Centennial School District Contract for Youth Resource Officer VOTES REQUIRED: 3/5 'BACKGROUND I � The Lino Lakes Police Department is requesting that the Lino Lakes City Council renew the Youth Resource Officer Service Agreement with the Centennial School District for the 2005/2006 School year. See attached agreement for further details. I I 'OPTIONS I I 1. Approve request to renew the Youth Resource Officer Service Agreement with the Centennial School District. 2. Return to staff for further review and consideration. 'RECOMMENDATION Approve request. • MEMORANDUM Centennial School District No. 12 Dr. Roger B. Worner 4707 North Road Superintendent Circle Pines MN 55014 6 ' _ , 1 _I To: From: Date: Subj: Dave Pecchia, Chief of Police Dr. Roger B. Womer, Superintendent June 7, 2005 Youth Services Officer Agreement Enclosed please find three (3) copies of the Youth Resource Officer Service Agreement between the City of Lino Lakes and Independent School District No. 12 (Centennial) for the 2005 -2006 school year with the updated salary schedule. The Board appreciates the excellent working relationship we have with the City of Lino Lakes and your department and has approved this agreement at their regular meeting of June 6, 2005. Please have the appropriate people sign this agreement, keep one for your records, and return two (2) to me. I will make a copy to give to Officer Brown. Again, thanks for all your support of the Centennial School District. YOUTH RESOURCE OFFICER CITY OF LINO LAKES /CENTENNIAL SCHOOL DISTRICT SERVICE AGREEMENT This Agreement is made this 6th day of June , 2005, pursuant to M.S. 471.59 by and between the City of Lino Lakes (City) and Independent School District #12 (School District). 1. PTTRPOSFF The City of Lino Lakes and the Centennial School District wish to participate in a Youth Resource Officer Program. Both the City and the School District agree that a more formalized approach to the Youth Resource Officer Program is needed to improve understanding and promote mutual respect between police, school, staff counselors, parents and students. The purpose of this Agreement is to set forth in writing the terms and conditions of the mutual duties and obligations and to create, fund and implement the position of Youth Resource Officer. 2. FTTNDTNG The School District will fund the following expenses in connection with the Youth Resource Officer: Officer's salary and related benefits are estimated at $54,635.44 for the 2005 -06 school year (see attached detail sheet for the cost breakdown). This expenditure shall be determined by the number of hours assigned to the school district. The hourly rate for 2005 -2006 shall be $39.48. The School District officials and Lino Lakes Police Chief shall determine the specific days/hours of work. 3. SERVICES The City shall provide the services of one licensed police officer and related support services and supplies to assist the School District in establishing a Youth Resource Officer Program. The Officer will have primary responsibility in serving as a resource person to faculty, classroom members and school administrators in the promoting of positive juvenile behavior. The School District agrees to provide adequate office space, telephone and other reasonable clerical support services. This officer will not act as an education or related service provider under the Individuals with Disabilities Education Act or related state law for any student. 4. P,AVMF,NT The City shall provide billing to the School District for services provided in this Agreement on a quarterly basis. 5. TERM This Agreement shall commence on the 6"' day of September, 2005, and shall end on/or about June 9, 2006 Thereafter, it shall be renewed on a yearly basis by mutual agreement. This Agreement may be canceled by either party by a 30 day written notice. Police Liaison Agreement Page 2 6. GENERAT, PROVISIONS It is expressly agreed that the Youth Resource Officer is a City employee and shall not be considered an employee of the School District for any purpose including but not limited to salaries, wages, other compensations or fringe benefits, Workers Compensation, Unemployment Compensation, P.E.RA., Social Security, Liability Insurance, keeping of personnel records, termination of employment, individual contracts or other contractual rights. The City shall assume all liability, for the actions taken by the Officer in the performance of his/her duty as a Peace Officer. The Officer will report to and be directed by the Chief of Police, but will consult regularly with School District Officials. Resolution of unforeseen problems arising in this program shall be negotiated by representatives of the School District and the Chief of Police. 7. SCHEDULING The duty hours of the Youth Resource Officer are flexible and will be primarily coordinated with the school day and activities. The Officer will make daily contact with the Police Department for the purpose of keeping abreast of incident reports and other City activity. During non- school periods, the Officer duties and schedule will be determined by the City. 8. DISCRIMINATION The City and School District agree not to discriminate in providing services under this Agreement on the basis of race, sex, creed, national origin, age or religion. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY AND YEAR FIRST WRITTEN ABOVE. City of Lino Lakes Chief of Police City of Lino Representative Centennial School District #12 B. Worker, Superintendent /L7. Dennis Halverson School Board Chairperson Suzanne Guthmueller School Board Clerk City of Lino Lakes School Liaison September 6, 2005 through June 9, 2006 2005 -2006 Wages Annually Third Year Salary $56,672.00 1 2005 -2006 Benefits Holiday Pay 4,905.73 PERA 9.30% 6,005.73 Medicare 1.45% 936.38 Health Insurance 660 7,920.00 Life & Long -Term Disability Insurance 18.25 209.00 Dental 10.00 120.00 Worker's Comp 3.61/$100 1,682.23 Uniform 650.00 Total Benefits $22,439.07 Total City Cost $82,111.07 Total Hours per year 2,080 Avg. School Term is 173 days (1,384 hours) 1,384 ' Hourly Rate: $39.48 Cost to School: , (1384 x $39.48) $54,635.44 1 AGENDA ITEM NO. 5A 'TAFF ORIGINATOR: Rick DeGardner, Public Services Director DATE: June 27, 2005 TOPIC: Consideration of Resolution 05 -86, Approving New Cingular Wireless PCS, LLC Antenna Lease Agreement VOTE REQUIRED: Simple Majority BACKGROUND: Cingular Wireless PCS, LLC has expressed an interest in locating the installation of antenna facilities on the city's monopole located at 1189 Main Street. The attached proposed agreement between Cingular Wireless and the City has been reviewed by the city attorney. Staff is requesting council approval of the antenna lease agreement. Cingular Wireless is proposing to lease space for the installation of a 240 square foot base station at the base of the monopole. In addition, three sectors of up to four panel antennas each will be placed on the tower. The proposed agreement provides for an initial option fee of $700.00 for a one year period with Wanother $700.00 option fee for an additional year. Should Cingular Wireless exercise the option to locate their antenna facilities, the initial term of five years will consist of an annual rate of $19,260.00. The agreement provides for automatic renewals of four additional five -year terms, each with a 7 1/2 percent annual rent increase of the previous term's annual rent. • OPTIONS: 1. Approve Resolution 05 -86, Approving New Cingular Wireless PCS, LLC Antenna Lease Agreement. 2. Do not approve Resolution 05 -86. 3. Return to staff. RECOMMENDATION: Option 1. -29- • • • CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 05 -86 APPROVING NEW CINGULAR WIRELESS PCS, LLC ANTENNA LEASE AGREEMENT WHEREAS, Cingular Wireless PCS, LLC has expressed an interest in locating the installation of antenna facilities on the city's monopole located at 1189 Main Street; and WHEREAS, Cingular Wireless is proposing to lease space for the installation of a 240 square foot base station at the base of the monopole. In addition, three sectors of up to four panel antennas each will be placed on the tower; and WHEREAS, The proposed agreement provides for an initial option fee of $700.00 for a one year period with another $700.00 option fee for an additional year. Should Cingular Wireless exercise the option to locate their antenna facilities at 1189 Main Street, the initial term of five years will consist of an annual rate of $19,260.00; and WHEREAS, The agreement provides for automatic renewals of four additional five -year terms, each with a 7 1/2 percent annual rent increase of the previous term's annual rent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota, that the Mayor and Clerk are hereby authorized to execute, on behalf of the City, an agreement between the City and Cingular Wireless PCS, LLC for the installation of antenna facilities on the city's monopole located at 1189 Main Street. Passed by the Lino Lakes City Council this 27th day of June 2005. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk •Market: Minnesota Cell Site Number: MPLSMN 1130 Cell Site Name: Hwv 14 & 23 • • OPTION AND STRUCTURE LEASE AGREEMENT THIS OPTION AND LEASE AGREEMENT ( "Agreement "), dated as of the latter of the signature dates below (the "Effective Date "), is entered into by City of Lino Lakes, a Municipal Corporation, having a mailing address of 600 Town Center Parkway, Lino Lakes, MN 55014 -1182 (hereinafter referred to as "Landlord ") and New Cingular Wireless PCS, LLC, having a mailing address of 6100 Atlantic Boulevard, Norcross, GA 30071 (hereinafter referred to as "Tenant "). BACKGROUND Landlord owns or controls that certain plot, parcel or tract of land, together with all rights and privileges arising in connection therewith, located at 1189 Main Street, Lino Lakes, in the County of Anoka, State of Minnesota (collectively, the "Property "). Tenant desires to use a portion of the Property in connection with its federally licensed communications business. Landlord desires to grant to Tenant the right to use a portion of the Property in accordance with this Agreement. The parties agree as follows: 1. OPTION TO LEASE. (a) Landlord grants to Tenant an option (the "Option ") to lease a portion of the Property consisting of (i) a room/cabinet/ground area space of approximately Three Hundred Seventy Five (375) square feet including the air space above such room/cabinet/ground space and (ii) space on the structure together with such easements as are necessary for the antennas and initial installation as described on attached Exhibit 1 (collectively, the "Premises "). (b) During the Option period and any extension thereof, and during the term of this Agreement, Tenant and its agents, engineers, surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil borings, drainage testing, material sampling, radio frequency testing and other geological or engineering tests or studies of the Property (collectively, the "Tests "), to apply for and obtain licenses, permits, approvals, or other relief required of or deemed necessary or appropriate at Tenant's sole discretion for its use of the Premises and include without limitation applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals "), initiate the ordering and/or scheduling of necessary utilities, and otherwise to do those things on or off the Property that, in the opinion of Tenant, are necessary in Tenant's sole discretion to determine the physical condition of the Property, the environmental history of the Property, Landlord's title to the Property and the feasibility or suitability of the Property for Tenant's Permitted Use, all at Tenant's expense. Tenant will not be liable to Landlord or any third party on account of any pre - existing defect or condition on or with respect to the Property, whether or not such defect or condition is disclosed by Tenant's inspection. Tenant will restore the Property to its condition as it existed at the commencement of the Option Term (as defined below), reasonable wear and tear and casualty not caused by Tenant excepted. In addition, Tenant shall indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or claims arising directly out of Tenant's Tests. (c) In consideration of Landlord granting Tenant the Option, Tenant agrees to pay Landlord the sum of Seven Hundred and No /100 Dollars ($700.00) within thirty (30) business days of the Effective Date. The Option will be for an initial term of one (1) year commencing on the Effective Date (the "Initial Option Term ") and may be renewed by Tenant for an additional one (1) year upon written notification to Landlord and the Option Structure Lease 2005 -31- • payment of an additional Seven Hundred and No /100 Dollars ($700.00) no later than ten (10) days prior to the expiration date of the Initial Option Term. (d) The Option may be sold, assigned or transferred at any time by Tenant to Tenant's parent company or member if Tenant is a limited liability company or any affiliate or subsidiary of, or partner in, Tenant or its parent company or member, or to any third party agreeing to be subject to the terms hereof. Otherwise, the Option may not be sold, assigned or transferred without the written consent of Landlord, such consent not to be unreasonably withheld, conditioned or delayed. Tenant will have the right to assign this Agreement or sublease the Premises and its rights herein, in whole or in part, provided that the assignee or sublessee assumes, recognizes and also agrees to become responsible to the Landlord for the performance of all terms and conditions of this Agreement. Upon notification to Landlord by Tenant of any such action, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement to the extent of such assignment. (e) During the Initial Option Term and any extension thereof, Tenant may exercise the Option by notifying Landlord in writing. If Tenant exercises the Option then Landlord leases the Premises to the Tenant subject to the terms and conditions of this Agreement. If Tenant does not exercise the Option during the Initial Option Term, or any extension thereof, this Agreement will terminate and the parties will have no further liability to each other. (f) If during the Initial Option Term or any extension thereof, or during the term of this Agreement if the Option is exercised, Landlord decides to subdivide, sell, or change the status of the zoning of the Premises, Property or any of Landlord's contiguous, adjoining or surrounding property (the "Surrounding Property," which includes (without limitation) the remainder of the structure) or in the event of foreclosure, Landlord shall immediately notify Tenant in writing. Any sale of the Property shall be subject to Tenant's rights under this Agreement. Landlord agrees that during the Initial Option Term or any extension thereof, or during the Term of this Agreement if the Option is exercised, Landlord shall not initiate or consent to any change in the zoning of the Premises, Property or Surrounding Property or impose or consent to any other restriction that would prevent or limit Tenant from using the Premises for the uses intended by Tenant as hereinafter set forth in this Agreement. 2. PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of its communications fixtures and related equipment, cables, accessories and improvements, which may include a suitable support structure, associated antennas, not to exceed twelve (12) antennas, I beams, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use to the Premises (collectively, the "Communication Facility "), as well as the right to test, survey and review title on the Property; Tenant further has the right to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services, at no additional cost to Tenant or Landlord (collectively, the "Permitted Use "). Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Tenant's Permitted Use. If Exhibit 1 includes drawings of the initial installation of the Communication Facility, Landlord's execution of this Agreement will signify Landlord's approval of Exhibit 1. Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the main entry point to the equipment shelter or cabinet, and to make Property improvements, alterations, upgrades or additions appropriate for Tenant's use ( "Tenant Changes "). Tenant Changes include the right to construct a fence around the Premises and undertake any other appropriate means to secure the Premises. Tenant agrees to comply with all applicable governmental laws, rules, statutes and regulations, relating to its use of the Communication Facility on the Property. Tenant has the right to modify, supplement, replace, upgrade, expand the equipment, increase the number of antennas or relocate the Communication Facility within the Premises at any time during the term of this Agreement. Tenant will be allowed to make such alterations to the Property in order to accomplish Tenant's Changes or to insure that Tenant's Communication Facility complies with all applicable federal, state or local laws, rules or regulations. In the event Tenant desires to modify or upgrade the Communication Facility, and Tenant requires an additional Minnesota Option Structure Lease 2005 2 - 3 2 - Final Date: 050617 • portion of the Property (the "Additional Premises ") for such modification or upgrade, Landlord agrees to lease to Tenant the Additional Premises, upon the same terms and conditions set forth herein, except that the Rent shall increase, in conjunction with the lease of the Additional Premises by a reasonable amount consistent with rental rates then charged for comparable portions of real property being in the same area. Landlord agrees to take such actions and enter into and deliver to Tenant such documents as Tenant reasonably requests in order to effect and memorialize the lease of the Additional Premises to Tenant. 3. TERM. (a) The initial lease term will be five (5) years ( "Initial Term "), commencing on the effective date of written notification by Tenant to Landlord of Tenant's exercise of the Option (the "Term Commencement Date "). The Initial Term will terminate on the fifth (5th) annual anniversary of the Term Commencement Date. (b) This Agreement will automatically renew for four (4) additional five (5) year term(s) (each five (5) year term shall be defined as the "Extension Term "), upon the same terms and conditions unless the Tenant notifies the Landlord in writing of Tenant's intention not to renew this Agreement at least sixty (60) days prior to the expiration of the existing Term. (c) The Initial Tenn, the Extension Term and any holdover term are collectively referred to as the Term ( "Term "). 4. RENT. (a) Commencing on the first day of the month following the date that Tenant commences construction (the "Rent Commencement Date "), Tenant will pay the Landlord a monthly rental payment of One Thousand Six Hundred Five and No /100 Dollars ($1605.00) ( "Rent "), at the address set forth above, on or before the fifth (5th) day of each calendar month in advance. In partial months occurring after the Rent Commencement Date, Rent will be prorated. The initial Rent payment will be forwarded by Tenant to Landlord within thirty (30) days after the Rent Commencement Date. (b) In year one (1) of each Extension Term, the monthly Rent will increase by seven and one -half percent (7 1/2 %) over the Rent paid during the previous Term. (c) All Rent or other charges payable under this Agreement shall be billed by Landlord within one (1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The provisions of the foregoing sentence shall survive the termination or expiration of this Agreement. 5. APPROVALS. (a) Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the Premises for Tenant's Permitted Use and Tenant's ability to obtain and maintain all Government Approvals. Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Government Approvals for Tenant's Permitted Use under this Agreement and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. (b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of Tenant's choice. In the event Tenant determines, in its sole discretion, due to the title report results or survey results, that the condition of the Premises is unsatisfactory, Tenant will have the right to terminate this Agreement upon notice to Landlord. (c) Tenant may also perform and obtain, at Tenant's sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if the Tenant's use of the Premises will be compatible with Tenant's engineering specifications, system, design, operations or Government Approvals. 6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows: (a) by either party on thirty (30) days prior written notice, if the other party remains in default under Paragraph 15 Default and Right to Cure of this Agreement after the applicable cure periods; Minnesota Option Structure Lease 3 2005 - 3 3 - Final Date: 050617 • • • (b) by Tenant upon written notice to Landlord, if Tenant is unable to obtain, or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now and hereafter intended by Tenant or if Tenant determines in its sole discretion that the cost of obtaining or retaining the same is commercially unreasonable; or (c) by Tenant upon written notice to Landlord for any reason, at any time prior to commencement of construction by Tenant; or (d) by Tenant upon sixty (60) days prior written notice to Landlord for any reason, so long as Tenant pays Landlord a termination fee equal to three (3) months Rent, at the then current rate; provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Tenant under any one or more of Paragraphs 5(b) Approvals, 6(a) Termination, 6(b) Termination, 6(c) Termination, 8 Interference, 11(d) Environmental, 18 Severability, 19 Condemnation or 20 Casualty of this Agreement. 7. RELOCATION OF TENANT'S PREMISES: (a) If Landlord determines it necessary to relocate the Communication Facility, Landlord will have the right, subject to the following provisions of this Paragraph, and exercisable at any time after the first five (5) years of the Initial Tenn, but only exercisable one time during the Term, and only after providing Tenant with not less than twelve (12) months prior written notice, to relocate the Communication Facility, or any part thereof, to an alternate location (the "Relocation Premises ") on Landlord's Property; provided, however, that: (a) all costs and expenses associated with or arising out of such relocation (including, without limitation, costs associated with any required zoning approvals and other Governmental Approvals, costs for Tests of the Relocation Premises, etc.) shall be paid by Landlord; (b) such relocation will be performed exclusively by Tenant or its agents; (c) such relocation will not unreasonably result in any interruption of the communications service of Tenant on Landlord's Property; and (d) such relocation will not impair, or in any manner alter, the quality of communications service provided by Tenant on and from Landlord's Property. Landlord will exercise its relocation right by delivering written notice pursuant to the terms of this Agreement to Tenant. In the notice, Landlord will identify the proposed Relocation Premises on Landlord's property to which Tenant may relocate the Communication Facility. Landlord and Tenant hereby agree that a survey (prepared at the sole cost and expense of Landlord) of the Relocation Premises (including the access and utility easements) will supplement Exhibit 1 hereto and become a part hereof, and the Relocation Premises shall be considered the Premises for all purposes hereunder. (b) If in Tenant's reasonable judgment no suitable Relocation Premises can be found, Landlord may not exercise its relocation right described in this Paragraph and may not relocate or cause the relocation of the Communication Facility; provided, however, that if Landlord is exercising its relocation right described in this Paragraph in order for Landlord to comply with then current laws, rules, regulations or orders applicable to it, and in Tenant's reasonable judgment no suitable Relocation Premises can be found, Tenant shall have the right to terminate this Agreement upon written notice to Landlord, without penalty or further obligation. S. INSURANCE. (a) Tenant will carry during the Term, at its own cost and expense, the following insurance: (i) "All Risk" property insurance for its property's replacement cost; (ii) commercial general liability insurance with a minimum limit of liability of $2,500,000 combined single limit for bodily injury or death/property damage arising out of any one occurrence; and (iii) Workers' Compensation Insurance as required by law. The coverage afforded by Tenant's commercial general liability insurance shall apply to Landlord as an additional insured, but only with respect to Landlord's liability arising out of its interest in the Property. (b) Tenant shall have the right to self - insure with respect to any of the above insurance requirements. 9. INTERFERENCE. Minnesota Option Structure Lease 2005 4 - 3 4 - Final Date: 050617 • (a) Where there are existing radio frequency user(s) on the Property, the Landlord will provide Tenant with a list of all existing radio frequency user(s) on the Property to allow Tenant to evaluate the potential for interference. Tenant warrants that its use of the Premises will not interfere with existing radio frequency user(s) on the Property so disclosed by Landlord, as long as the existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. (b) Landlord will not grant, after the date of this Agreement, a lease, license or any other right to any third party for use of the Property, if such use may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property. (c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents to use, any portion of the Property in any way which interferes with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twenty -four (24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period then the parties acknowledge that Tenant will suffer irreparable injury, and therefore, Tenant will have the right, in addition to any other rights that it may have at law or in equity, for Landlord's breach of this Agreement, to elect to enjoin such interference or to terminate this Agreement upon notice to Landlord. • 10. INDEMNIFICATION. (a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs but excluding real property or personal property taxes) arising directly from the installation, use, maintenance, repair or removal of the Communication Facility or Tenant's breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, agents or independent contractors. (b) Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs but excluding real property or personal property taxes) arising directly from the actions or failure to act of Landlord or its employees or agents, or Landlord's breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Tenant, its employees, agents or independent contractors. (c) Notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages. 11. WARRANTIES. (a) Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power and authority to enter into this Agreement and bind itself hereto through the party set forth as signatory for the party below. (b) Landlord represents and warrants that: (i) Landlord solely owns the Property as a legal lot in fee simple, or controls the Property by lease or license and solely owns the structure; (ii) the Property is not encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Tenant's Permitted Use and enjoyment of the Premises under this Agreement; (iii) as long as Tenant is not in default then Landlord grants to Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Premises; (iv) Landlord's execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on the Landlord; and (v) if the Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, Landlord will provide promptly to Tenant a mutually agreeable Subordination, Non - Disturbance and Attornment Agreement. Minnesota Option Structure Lease 5 2005 Final Date: 050617 -35- • 12. ENVIRONMENTAL. (a) Landlord represents and warrants that the Property is free of hazardous substances as of the date of this Agreement, and, to the best of Landlord's knowledge, the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. Landlord and Tenant agree that each will be responsible for compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene condition or other matters as may now or at any time hereafter be in effect, that are now or were related to that party's activity conducted in, or on the Property. (b) Landlord and Tenant agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities, and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs, or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is related to (i) the indemnifying party's failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may now or hereafter be in effect, or (ii) any environmental or industrial hygiene conditions that arise out of or are in any way related to the condition of the Property and activities conducted by the party thereon, unless the environmental conditions are caused by the other party. (c) The indemnifications of this Paragraph 11 Environmental specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. The provisions of this 0 Paragraph 11 Environmental will survive the expiration or termination of this Agreement. (d) In the event Tenant becomes aware of any hazardous materials on the Property, or any environmental or industrial hygiene condition or matter relating to the Property that, in Tenant's sole determination, renders the condition of the Premises or Property unsuitable for Tenant's use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of government action, intervention or third -party liability, Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate the Agreement upon notice to Landlord. 13. ACCESS. At all times throughout the Term of this Agreement, and at no additional charge to Tenant, Tenant and its employees, agents, and subcontractors, will have twenty -four (24) hour per day, seven (7) day per week pedestrian and vehicular access to and over the Property, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. Landlord grants to Tenant an easement for such access and Landlord agrees to provide to Tenant such codes, keys and other instruments necessary for such access at no additional cost to Tenant. Upon Tenant's request, Landlord will execute a separate recordable easement evidencing this right. In the event any public utility is unable to use the access or easement provided to Tenant then the Landlord agrees to grant additional access or an easement either to Tenant or to the public utility, for the benefit of Tenant, at no cost to Tenant. 14. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant' s personal property and, at Tenant's option, may be removed by Tenant at any time during the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and 11111 nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may be removed by Tenant at any time during the Term. Within one hundred twenty (120) days of the termination of this Agreement, Tenant will remove all of Tenant's above - ground improvements and Tenant will, to the extent reasonable, restore the Premises to its condition at the commencement of the Agreement, reasonable Minnesota Option Structure Lease 2005 6 - 3 6 - Final Date: 050617 • • • wear and tear and loss by casualty or other causes beyond Tenant's control excepted. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation, nor will Tenant be required to remove from the Premises or the Property any foundations or underground utilities. 15. MAINTENANCE/UTILITIES. (a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. (b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to submeter from the Landlord. When submetering is necessary and available, Landlord will read the meter on a monthly or quarterly basis and provide Tenant with the necessary usage data in a timely manner to enable Tenant to compute such utility charges. Failure by Landlord to perform this function will limit utility fee recovery by Landlord to a 12 -month period. Landlord will fully cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to the Tenant. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord. 16. DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non- payment of Rent if such Rent remains unpaid for more than thirty (30) days after receipt of written notice from Landlord of such failure to pay; or (ii) Tenant's failure to perform any other term or condition under this Agreement within forty -five (45) days after receipt of written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, Landlord will have the right to exercise any and all rights and remedies available to it under law and equity. (b) The following will be deemed a default by Landlord and a breach of this Agreement: Landlord's failure to perform any term, condition, or breach of any warranty or covenant under this Agreement within forty - five (45) days after receipt of written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have the right to exercise any and all rights available to it under law and equity, including the right to cure Landlord's default and to deduct the costs of such cure from any monies due to Landlord by Tenant. 17. ASSIGNMENT /SUBLEASE. Tenant will have the right to assign this Agreement or sublease the Premises and its rights herein, in whole or in part, without Landlord's consent. . Tenant will have the right to assign this Agreement or sublease the Premises and its rights herein, in whole or in part, provided that the assignee or sublessee assumes, recognizes and also agrees to become responsible to the Landlord for the performance of all terms and conditions of this Agreement. Upon notification to Landlord by Tenant of any such action, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement to the extent of such assignment. 18. NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notice will be addressed to the parties as follows: Minnesota Option Structure Lease 7 2005 Final Date: 050617 -37- 111 If to Tenant: c/o Cingular Wireless LLC Attn: Network Real Estate Administration Re: Cingular Wireless Cell Site #: MPLSMN1130; Cell Site Name: Hwy 14 & 23 6100 Atlantic Boulevard Norcross, Georgia 30071 With a copy to: Cingular Wireless LLC Attn.: Legal Department Re: Cingular Wireless Cell Site #: MPLSMN 1130; Cell Site Name: Hwy 14 & 23 15 E Midland Ave. Paramus, NJ 07652 If to Landlord: City of Lino Lakes ATTN: Public Services Director 600 Town Center Parkway Lino Lakes, MN 55014 -1182 Either party hereto may change the place for the giving of notice to it by thirty (30) days written notice to the other as provided herein. •19. SEVERABILITY. If any term or condition of this Agreement is found unenforceable, the remaining terms and conditions will remain binding upon the parties as though said unenforceable provision were not contained herein. However, if the invalid, illegal or unenforceable provision materially affects this Agreement then the Agreement may be terminated by either party on ten (10) business days prior written notice to the other party hereto. 20. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within forty -eight (48) hours. If a condemning authority takes all of the Property, or a portion sufficient, in Tenant's sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses, provided that any award to Tenant will not diminish Landlord's recovery. Tenant will be entitled to reimbursement for any prepaid Rent on a prorata basis. 21. CASUALTY. Landlord will provide notice to Tenant of any casualty affecting the Property within forty -eight (48) hours of the casualty. If any part of the Communication Facility or Property is damaged by fire or other casualty so as to render the Premises unsuitable, in Tenant's sole determination, then Tenant may terminate this Agreement by providing written notice to the Landlord, which termination will be effective as of the date of such damage or destruction. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a prorata basis. If notice of termination is given, or if Landlord or Tenant undertake to rebuild the Communications Facility, Landlord agrees to use its reasonable efforts to permit Tenant to place temporary transmission and reception facilities on the Property at no additional Rent until such time as Tenant is able to secure a replacement transmission location or the reconstruction of the Communication Facility is completed. Minnesota Option Structure Lease 8 2005 Final Date: 050617 -38- 22. WAIVER OF LANDLORD'S LIENS. Landlord waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law, and Landlord consents to Tenant's right to remove all or any portion of the Communication Facility from time to time in Tenant's sole discretion and without Landlord's consent. 23. TAXES. (a) Tenant shall be solely responsible for and shall timely pay all personal property taxes levied and assessed against it or its personal property. Tenant shall reimburse the Landlord for Tenant's proportionate share of the real estate taxes, upon timely receipt of a copy of the tax bill and request for reimbursement from the Landlord. For purposes herein, Tenant's proportionate share shall be determined based upon the square footage of the Premises (excluding therefrom any unassessed square footage used by Tenant, e.g., the rooftop) relative to Landlord's entire parcel of real estate (using, in the case of building space, the net usable square footage of the building, and in the case of leased land, the unimproved portion of Landlord's real estate (including parking areas)). At the request of either party, the other shall provide evidence of payment of taxes. (b) Tenant shall have the right to contest all taxes, assessments, charges and impositions assessed against its personal property or improvements, and Landlord agrees to join in such contest, if required by law, and to permit the Tenant to proceed with the contest in Landlord's name, provided that the expense of the contest is borne by Tenant. If the Landlord initiates an action to contest taxes or other items, Tenant may join in such action provided that Tenant pays its own expenses of so participating. Landlord shall, within fourteen (14) days of receipt of notice of any increase in taxes, assessments or other charges, send a copy of such notice by certified mail, return receipt requested, to Tenant. If Landlord fails to give Tenant such notice as set forth above, Landlord will be responsible for payment of any increases and Tenant shall have the option to pay the same and deduct such payment from Rent or any other sums next due. 24. SALE OF PROPERTY. If Landlord, at any time during the Term of this Agreement, decides to sell, subdivide or rezone any of the Premises, all or any part of the Property or Surrounding Property, to a purchaser other than Tenant, Landlord shall promptly notify Tenant in writing, and such sale, subdivision or rezoning shall be subject to this Agreement and Tenant's rights hereunder. Landlord agrees not to sell, lease or use any areas of the Property or Surrounding Property for the installation, operation or maintenance of other wireless communications facilities if such installation, operation or maintenance would interfere with Tenant's Permitted Use or communications equipment as determined by radio propagation tests performed by Tenant in its sole discretion, any such testing to be at the expense of Landlord or Landlord's prospective purchaser, and not Tenant. If the radio frequency propagation tests demonstrate levels of interference unacceptable to Tenant, Landlord shall be prohibited from selling, leasing or using any areas of the Property or the Surrounding Property for purposes of any installation, operation or maintenance of any other wireless communications facility or equipment. Landlord shall not be prohibited from the selling, leasing or use of any of the Property or the Surrounding Property for non- wireless communication use. In the event the Property is transferred, the new landlord shall have a duty at the time of such transfer to provide Tenant with a completed IRS Form W -9, or its equivalent, and other related paper work to effect a transfer in Rent to the new landlord. The provisions of this Paragraph 23 shall in no way limit or impair the obligations of Landlord under Paragraph 8 above. 25. MISCELLANEOUS. (a) Amendment/Waiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by an authorized agent of the Landlord and an authorized agent of the Tenant. No provision may be waived except in a writing signed by both parties. (b) Memorandum /Short Form Lease. Either party will, at any time upon fifteen (15) business days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum or Short Form of Lease. Either party may record this Memorandum or Short Form of Lease at any time, in its absolute discretion. Minnesota Option Structure Lease 2005 9 Final Date: 050617 - 3 9 - 0 (c) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns. (d) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject matter of this Agreement. (e) Governing Law. This Agreement will be governed by the laws of the state in which the Premises are located, without regard to conflicts of law. (f) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term "including" will be interpreted to mean "including but not limited to "; (iii) whenever a party's consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of the Agreement and are incorporated by reference into this Agreement; (v) use of the terms "termination" or "expiration" are interchangeable; and (vi) reference to a default will take into consideration any applicable notice, grace and cure periods. (g) Estoppel. Either party will, at any time upon twenty (20) business days prior written notice from the other, execute, acknowledge and deliver to the other a statement in writing (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying this Agreement, as so modified, is in full force and effect) and the date to which the Rent and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to such party's knowledge, any uncured defaults on the part of the other party hereunder, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. The Srequested party's failure to deliver such a statement within such time will be conclusively relied upon by the requesting party that (i) this Agreement is in full force and effect, without modification except as may be properly represented by the requesting party, (ii) there are no uncured defaults in either party's performance, and (iii) no more than one month' s Rent has been paid in advance. (h) W -9. Landlord agrees to provide Tenant with a completed IRS Form W -9, or its equivalent, upon execution of this Agreement and at such other times as may be reasonably requested by Tenant. (i) No Electronic Signature/No Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement will become effective as an Agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Landlord and Tenant. (i) [SIGNATURES APPEAR ON THE NEXT PAGE] Minnesota Option Structure Lease 10 2005 Final Date: 050617 - 4 0 - IN WITNESS WHEREOF, the parties have caused this Agreement to effective as of the last date written below. WITNESSES: "LANDLORD" Print Name: Print Narne: fraPrint Name: Print Name: City of Lino Lakes, a Municipal Corporation By: Name: Its: Date: "TENANT" NEW CINGULAR WIRELESS PCS, LLC A Delaware limited liability company By: Name: Its: Date: [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] Minnesota Option Structure Lease 1 1 2005 Final Date: 050617 - 4 1 - TENANT ACKNOWLEDGMENT STATE OF ) ss: COUNTY OF ) On the day of in the year before me, the undersigned, a notary public in and for said state, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public: My Commission. Expires: LANDLORD ACKNOWLEDGMENT STATE OF ) ) ss: eCOUNTY OF On the day of in the year before me, the undersigned, a notary public in and for said state, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public: My Commission Expires: Minnesota Option Structure Lease 2005 Final Date: 050617 - 4 2 - 12 • EXHIBIT 1 DESCRIPTION OF PREMISES Page 1 of to the Agreement dated , 2005, by and between City of Lino Lakes, a Municipal Corporation, as Landlord, and New Cingular Wireless PCS, a Delaware limited liability company as Tenant. The Premises are described and/or depicted as follows: Address: Legal Description: 1189 Main Street, Lino Lakes. MN 55014 (Anoka County, Minnesota) Property ID 04 -31 -22-44 -0001 Situs Address UNASSIGNED SITUS , LINO LAKES, MN 00000 -0000 Property Description SE1 /4 OF SE1 /4 EX W 10 ACRES THEREOF EX E 233 FT OF S 468 FT OF SD 1/4,1/4 EX RDS SUBJ TO EASE OF REC Property ID Situs Address Property Description Drawing(s) to be attached (Page 2 of 2) Notes: 04 -31 -22-44 -0004 UNASSIGNED S1TUS , LINO LAKES, MN 00000 -0000 UNPLATTED CITY OF LINO LAKES THE E 233 FT OF THE S 468 FT OF SEC 4 -31 -22 ANOKA CNTY, MN 1. This Exhibit may be replaced by a land survey and/or construction drawings of the Premises once received by Tenant. 2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers and mounting positions may vary from what is shown above. Minnesota Option Structure Lease 2005 13 Final Date: 050617 -43- • • • MEMORANDUM OF LEASE Prepared bv: Patricia Conlin FMHC Corporation 7400 Metro Boulevard Edina, MN 55439 Return to: c/o Cingular Wireless LLC 6100 Atlantic Boulevard Norcross, Georgia 30071 Attn: Network Real Estate Administration Cell Site No.: MPLSMN1130 State: Minnesota County: Anoka MEMORANDUM OF LEASE This Memorandum of Lease is entered into on this day of , 200_, by and between City of Lino Lakes, a Municipal Corporation having a mailing address of 600 Town Center Parkway, Lino Lakes, MN55014 -1182, (hereinafter referred to as "Landlord ") and New Cingular Wireless PCS, a Delaware limited liability company, having a mailing address of 6100 Atlantic Boulevard, Norcross, GA 30071(hereinafter referred to as "Tenant"). 1. Landlord and Tenant entered into a certain Option and Lease Agreement ( "Agreement ") on the day of , 200_, for the purpose of installing, operating and maintaining a - 4 4 - Minnesota Option Structure Lease 2005 Final Date: 050617 1'+ II/ communications facility and other improvements. All of the foregoing are set forth in the Agreement. • 2. The initial lease term will be five (5) years ( "Initial Term ") commencing on the effective date of written notification by Tenant to Landlord of Tenant's exercise of the Option, with four (4) successive automatic five (5) year options to renew. 3. The portion of the land being leased to Tenant (the "Premises ") is described in Exhibit 1 annexed hereto. 4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement. IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written. WITNESSES: "LANDLORD" Print Name: Print Name: Print Name: a Delaware limited liability company, City of Lino Lakes, a Municipal Corporation By: Name: Its: Date: "TENANT" New Cingular Wireless PCS, LLC Print Name: Minnesota Option Structure Lease 2005 By: Name: Its: Date: -45- 1J Final Date: 050617 • TENANT ACKNOWLEDGMENT STATE OF ) ) ss: COUNTY OF On the day of in the year before me, the undersigned, a notary public in and for said state, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public: My Commission Expires: LANDLORD ACKNOWLEDGMENT STATE OF ) •) ss: COUNTY OF • On the day of in the year before me, the undersigned, a notary public in and for said state, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Minnesota Option Structure Lease 2005 Notary Public: My Commission Expires: -46- 10 Final Date: 050617 • • • EXHIBIT 1 DESCRIPTION OF PREMISES Page lof to the Memorandum of Lease dated , 2005, by and between City of Lino Lakes, a Municipal Corporation, as Landlord, and New Cingular Wireless PCS, a Delaware limited liability company as Tenant. The Premises are described and/or depicted as follows: Address: 1189 Main Street, Lino Lakes, MN 55014 (Anoka County, Minnesota) Legal Description: Property ID 04 -31 -22-44 -0001 Situs Address UNASSIGNED S1TUS , LINO LAKES, MN 00000 -0000 Property Description SE1 /4 OF SE1 /4 EX W 10 ACRES THEREOF EX E 233 FT OF S 468 FT OF SD 1/4,1/4 EX RDS SUBJ TO EASE OF REC Property ID 04 -31 -22-44 -0004 Situs Address UNASSIGNED S1TUS , LINO LAKES, MN 00000 -0000 Property Description UNPLAI ItD CITY OF LINO LAKES THE E 233 FT OF THE S 468 FT OF SEC 4 -31 -22 ANOKA CNTY, MN _Drawing(s) to be attached (Page 2 of 2) Minnesota Option Structure Lease 2005 - 4 7 - 1/ Final Date: 050617 • • Minnesota Option Structure Lease 2005 W -9 FORM [FOLLOWS ON NEXT PAGE] - 4 8 - 1b Final Date: 050617 • Form" (Rev. January 2D 2) DotsztmQrt rI the Irousury irtamai Fxtrruca Soto w Request for Taxpayer Identification Number and Certification Give form to the requester. Do not . send to the IRS. a to Nrffl Fatalness name, Ir ctltaram tom above tndtttdtkutr Eternpt from backup check approprkate bat: ❑ a prcl.,tlwhir ❑ Corporation ❑ Pa- Mashie ❑ CtI1E ► ❑ vstthtnldtng ultress (rnmtex, street, cod apt cr suite n3.) City, state, and ZIP code Requester's reame and DICireSS (cpttonat) List accoint rurnterp) tree (t planar( Fart I Taxpayer Identification Numbe Enter your TIN in the appropriate box. For individuals, this is your social security number (SSNI. However, for a resident alien, sole proprietor, or disregarded entity, see the Part 1 instructions on page 2. Fcr ether entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 2. Note: If the account is in more than are .name, see tie chart err page 2 for gtadefines ar wfir a rnaoraer to enter. kuitil Certification soclat security number 111.1E111 or Employer Identification number I 1 1 1 1 1 1 I Under penalties of perjury, I certify that: 1. Thy number sho'a -i on this farm is my camacttexpayer identification number (cr I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service ORS) that. I am subject to backup vtithholding as a result of a failure to report all interest or dividends, or (o) the IRS has notified me that I am no longer subject to backup withholding, and 3. I an a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject ter backup withholding because you have failed to report all interest and divkiends an you tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition cr abandonment of secured p- aperty, cancellation of debt, contributions to an individual retirement arrangement ORA), and generally, payments other than interest. and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 2.) Sign Here Signature of U.S..erson ► (late I* Purpose of Form A parson who is required to file an information rerun with ire IRS must get your correct taxpayer identification rumber (TIRE to report, for ex<trn le, income paid to you, real estate transectiona, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -fl only if you are a li S. person (mcludrg a rmiderut alien), to give you correct TIN to the parson requesting it (the requester) and, when applicable, to: 1. Certify ibee TIN you are giving is correct (or you are waiting for a number to be issuer), 2, Certify you are not subject to backup wall-eliding, or 3. Claim exemption front backup withholding if yccu ere a U.S. exempt payee. If you are a foreign person, use the appropriate Form W -8. See Pub. 515 Withhcldrtg of Tax on Nonresident Aliens and Foreign Entities. Norte: i4 a requester t3tv.ar you a firma .tither than Form a to request your our TIN. yoc most arse the requester':s. farm .ifit is substairiser$primier to this Foram W-.9. "Mat is backup withholding) Persons makn3 certain payments to you must under certain conditions witttnld and pay to the IRS 30 of Such payments after December 31. 2001 (M31, after December 31, 2D03). Thb is called "backup witltulding ' Payments that may be subject to backup withholding halide interest. dividends, broker and ba er exchange transactions, rents, royalties, ncnemployee pay, and certain payments from fishing boat. operators. Real estate lransectcns are not subject to backup withholding. You will not be s.rb ct to backup witttnlding on payments you receive if you g We the requesteryuur correct TIN, make the proper certificetixa, and report all your taxable interest . and dividends on your tax ration. Payments you receive will be subject. to backup withholding if: 1, You do notfunrh your 11N t0 the requester, or 2. You Fir; not certify you TIN when required (seethe Part II instructions on page 2 far detaiIi , or 2. The IRS teals the requester that you famished an incorrect TIN, ar 4, The IRS tells you that you are subject to backup withholding bemuse you did rot report all your merest and dividends on your tax return (For reportable interest and dividends only), cr G. You do not certify to the requester are not subject to backup withholding under 4 above for reportable interest and dividend accounts opened alter 1983 ably). Certain payees and payments are exempt from backup withholding. See the instructions an page 2 and the separate instructions for tine Requester of Floral W -9 Penalties Failure to furnish UN. If ynu fail to furnish your coact TIN to a requester, you are subject to a penalty of' SSD for each such failure unless your failure is due to reasonable case and riot to willful neglect. Civil penalty for false information with respect . to withholding, IF you make a false statement with re reasonable basis that results in no backup wiittnlding, you are sullied. to a penalty. Criminal penalty for- falsifying information_ Willfully Falst(yi-g certifications or affirmations may subject you to criminal penalties includrg fines adior imprisonmrrt. fviisuse of fills. IF the requester discloses or uses TINs in violation of Fell law, tt'e requester may to subject to civil aid crimnal penalties. Minnesota Option Structure Lease 2005 Final Date: 050617 Cat. te. 10231X -49 - Farm W-9 tfi_v.1 -2r. • Forrn W -9 (Rear. 1 •20421 Specific Instructions Name. If you are an individual, you must generally enter the name shown 0n your social security card. However, ifyou have changed your last name, fa instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last. name. If the account is in joint names list first and then circle tl-e name of the person or entity who..c number you enter in Part I of the form. Sole proprietor. Enter your Individual name as shown on you- social security card an the "Name" line. You may enter your business, trade, or "doing business as (DBA)" name' on the "Business name" line. Limited lability company (UP. If you are a single- member LLC including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner under Treasury regulations section 301.7701 -3, enter the owner's name an the "Name" line, Enter the LLC's name on the "Business name" fire. Other entities. Enter your business name as shown on required Federal tax documents on the "Nam" line. The, name should match the name shown on the charter or other legal document ,seating the entity. You may enter any business, trade, or RBA name on the "BLainess name" line. Exempt from backup withhafdirag If you are exempt, enter your name as described above, then check the "E:aoempt from backup withholding" box in the fine felbwing the business name, sign and date the form. Individuals (including sole proprietors) are nut exempt from backup withholding. Corptxations are exempt from backup withholding for certain payments; su=:h as interest and dividends. For more information on exempt payees, sc-e the Instructions for Me Requester of Form W -9. If you are a nonresident alien or a faeign entity not subject to backup withholding, give the requester the appropriate completed Form W -B. Note: If you are exempt.fixam beraiatp ao iti'rdding. pet s; ot&d stiff cernpiete this kern to avoid possible erroreeous &Kee p seiderxa'dTrg. Part [ Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident aliens: and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer dentificatien number (ITIN). Enter it in tt-e social security numbs box. If you do not have an 111N., see :How to get a TIN! below. If you are a sole proprietor and you have an EIN, you may enter either you- SSN or EIN. However, the IRS prefer that you use your SSN. If you are an LLC that is disregarded as an entity separate from its owner (see iitrrited.lia:biiity company (Up) above), and are owed by an individual, enter your SSN (cr "pre -LLC" EIN, if desiedi. If the owner of a disregarded LLC is a corporation, partnership, etc., enter the owner's El N. Note: See the tart on this page .far firram- cfarrficati5ra of name and NW combinations. How to get a TIN.. If you do not have a TIN, applyfar one immediately. To apply for an SSN, get Fans 55 -5, Application for a Social Security Card, from your local Social Security Administration office. Get Fcirne W -7. Minnesota Option Structure Lease 2005 ersge i 5appucation for IRS Individual Taxpayer Identification Number. to apply for an ITIN, or Form 5S -4, Application for Employer Identification Number, to apply for an EIN. You can get Forms W-7 and SS -4 from the IRS by calling 1-BOO-TAX-FORM (14109-82 9- ax from the IRS Web Site at t wwers,:gay. If you arts asked to complete Fame W -9 but do not have a TIN, mite "Applied For" in the space for the TIN, sign and date the fans, and give it to the requester. For interest and dividend payments, and certain payment made with respect to readily tradatle instruments, generally you will have 60 days to get a TIN and give it to the raqueet before you as subject to backup withholding on payments. The 60-day rule dri not apply ba other types of payments. You will be subject to backup withholding on all soh payments until you provide your TIN to the requester. Note: Writing " Applied Ecr "means that you have already applied fir a TIN :or brat yeti intend to apply far rroe soon Caution: A d& dis-eparderfebmestic entity that has a foreign owner must use the a{pp-cpriate Fo erW -B. Part II—Certification To establish to the withholding agent that you ere a. U.S. person, or resident alien, sign Form W -9. You may be requested to sign by the withholding agent even if items 1, 3, and below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). Exempt recipients, see .Exempt from backep ra ffahrhofding above. Signature requirements, Complete the certification as indcated in 1 through 6 below. 1, interest, dividend, and barter exehaage accounts opened before 1984 and broker accounts :considered active during 1083, You must give your correct TIN, but you do not have to sign the certification. 2. interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1883. You must sign the certification or backup withhold ing will apply. If you are a.tbject to backup withholding and you are merely providing your correct 11N to the requester, you must cross out item 2 in the certification tefarm signing the farm. 3. Real state transactions, You must . sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do net have to sign the certification unless you have been notified that you have previously given an incorrect. TIN. "Other payments" include payments made in the course of the requesters trade or business for rents royalties., goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemplcyee for serei;;es, payments to certain fishing boat aew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). re. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529),. IRA or Archer h1S t contributions or distributions, and pension. distributions. You must give your correct TIN, but yrau do not have to sign the certification. e^e -50— GU Privacy Act Notice Section 61CA of the Internal Revenue Code requires you to give your correct TIN to persons who must file information returns with the IRS to report interest, dividends, anc aartain other income paid to you, mortgage interest you paid.. the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA or Archer VISA. The IRS use the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, states, and the District of Columbia to carry out their tax Issas. You must provide your TIN whether or not . you are required to file a tax rotten. Payees must generally withhold 3034 of taxable interest, dividend, and certain other paymenu to a payee hstio does not give a TIN to payer. Certain penalties may also apply. What Name and Number To Give the Requester For this type O act 111,0 :name and SSN of 1. n]lvttusl 2. Two cr were lndtvkil= IErt ecrourfl 3. Custodian atxrtnt rf o mhos ilinrcrm all to Minas Act) A. a. The aoual reercatte t'van1r1 MST granter G dso trustee) b. so- called hest account tlt1 Is rel a leoal to- vale hint uncfr 115:010 law 5. &ti? prrlrldastip The ndvldual The acted coons 01 ID? t nt cr, tictxnbhed hods, tie? tilt Irdti lmLk1 on the a:cnurt 1 The Irirna 3 The 9-arta- trustee 1 The artul CAM' 1 The caaler 3 For this t} of account Sive name and ElfJ ot: B. Sole anglntor -lip 7. It valt7 Met, estate, a Ferslcn trust B. corporate 9. Asseclit L chin, religious, rxantabG, eltrationat, or eves lax exempt awn: 011m 10. Pantera1p 11. 4Inter erregGirrc1 rorrinee 12. Accourtwtm the Cepertment LI retinae In the retire rf a orbit entity Larch as a state a lo:al greantnart, schod atdilct, cr preen) that receives ag istliu al pnxfram pameris The parer 3 L si WIG r The caporanen The lxgantJallcn The patnerslip The rn11so a- nanirr The pubic a tlty 1 LGt 11st and tdree the naive ct the pets0n whose numtcrp.1lumen. 11 only core persra on al:Int amount rvrs an 55N, 1Iai per son's renter ems 130 tUmSht. 'Circe the mitt's name are lurisll tie mrmr's 1"N. ' You met alicw your lndriodua I name, but yai may dso enter wtr boons 11 "l:50I Hanle. You troy we ether your 5514 rx EIN (Rya] h=ive onr.9. ' Lit t[st and orduthe nine cr the egal -Met, 5510110 cr parent trust (f7o not knish the TIN c( the nil rtfrecenLaltw_ ca trustee urine, the legal witty user Is net designated In Inc accourt tee) Note: If rats name is circled Wren more tharr core mantle is fisted, the rncrtber viii be considered to be that of the first name Pitted. Final Date: 050617 • Minnesota Option Structure Lease 2005 Final Date: 050617 • • • AGENDA ITEM 6 A STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: June 27, 2005 TOPIC: Resolution 05 -85 Authorizing Distribution of I -35E Corridor Draft AUAR for Public Comment VOTE REQUIRED: 3/5 BACKGROUND The City Council authorized the preparation of an Alternative Urban Areawide Review (AUAR) with Resolution 05 -51 on April 11. The Environmental Board and the AUAR Advisory Panel have seen a preliminary review draft and provided suggestions for improving the document. The document has been revised to address those comments. The result is the Draft Alternative Urban Areawide Review (DAUAR) document. The next step is for the City Council to authorize the distribution of the draft for public comment. The vote to distribute the document for public comment is not a commitment to any of the development scenarios that are analyzed in the document. The vote to distribute for comments is not a commitment to anything in the document, nor is it a commitment to any other action or project in the study area. Once distribution is authorized by the Council, the document will be sent to the Environmental Quality Board, which will publish a notice in its newsletter. This notice will signal the beginning of the 30 -day public comment period, which will run from July 4th to August 3rd. After the public comment period, the consultant team and staff will analyze the comments and prepare responses, including any necessary revisions to the document. We also will prepare the complete mitigation plan, which is only summarized in the DAUAR. We will bring the Final AUAR, which includes the mitigation plan, to the City Council for authorization to distribute it. The Final AUAR will be distributed, providing a 10- day opportunity to present any objections. • After that, we will bring the final document to the City Council for formal adoption. We anticipate this will be September 26th. OPTIONS 1. Approve Resolution 05 -85 Authorizing Distribution of I -35E Corridor Draft AUAR for Public Comment 2. Return to staff with direction. RECOMMENDATION Option 1 • • • • • CITY OF LINO LAKES RESOLUTION NO. 05 -85 A RESOLUTION AUTHORIZING DISTRIBUTION OF THE I -35E CORRIDOR DRAFT ALTERNATIVE URBAN AREAWIDE REVIEW FOR PUBLIC COMMENT WHEREAS, the northeast portion of the City of Lino includes identified growth areas, existing rural land uses, existing commercial uses, the Rice Creek Chain of Lakes Regional Park Reserve, and the I -35 E, I -35 W, and County Road 14 transportation corridors; and WHEREAS, the Alternative Urban Areawide Review (AUAR) process gives the City the opportunity to assess the impact of potential development on the area's natural resources prior to receiving and considering individual development proposals for approval; WHEREAS, the City Council authorized the preparation of an AUAR with Resolution 05 -51 on April 11, 2005; and WHEREAS, the City has prepared a Draft Alternative Urban Areawide Review (DAUAR) document according to Minnesota Environmental Review Program, MN Rules 4410.3610; and, WHEREAS, the City of Lino Lakes is the Responsible Governmental Unit (RGU); NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes distribution of the I -35E corridor Draft Alternative Urban Areawide Review for Public Comment. Passed by the Lino Lakes City Council this day of 2005. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor • AGENDA ITEM 6.B. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: June 27, 2005 TOPIC: Amendment to the existing PDO (Planned Development Overlay) Marketplace 3rd Addition VOTE REQUIRED: 3/5 BACKGROUND Ryan Companies is proposing to amend the existing Planned Development Overlay for the Marketplace to amend the building layout and types of buildings used on the site. Originally (as can be seen in the exhibits) the site was approved for five multi- tenant buildings. The applicant is now proposing to have three multi - tenant buildings with two single user buildings along Apollo Drive. The proposed design is significantly conforming to the original layout of the site, so at this point the only real *sues under review are the elevations of the multi - tenant buildings and the designation of the lots adjacent to pollo Drive as single -use buildings instead of multi - tenant buildings. ANALYSIS Comprehensive Plan, Land Use and Zoning The table below identifies the existing land use and zoning as well as guided land uses for the area. Location Existing Land Use Guided Land Use Existing Zoning Site Vacant Mixed Use SC (Shopping Center)* North Vacant Mixed Use SC (Shopping Center)* South Commercial Mixed Use SC (Shopping Center)* East Commercial Mixed Use SC (Shopping Center)* West Restaurant and Vacant Mixed Use SC (Shopping Center)* *The Sho ina C t pp en er zonmg district has been removed from the zonmg ordinance, and all property zoned Shopping Center is hereby bound to the requirements of the GB (General Business) zoning district. The comprehensive plan guides the site for Mixed Use land use. The site is within the stage 1 (pre -2010) growth area and a portion is within the existing MUSA boundary. Public water and sanitary sewer are available within the surrounding street network. OPlanned Unit Development The revised layout will use the existing lot lines, but slightly change some of the building placements, and designate the two lots adjacent to Apollo Drive for single user buildings. Specifically, the Design Guidelines - 5 5 - Marketplace PDO Amendment, page 2 S tablfor the entire Marketplace development as a part of Ordinance 16 -01 will need to be slightly ished odified. Architectural Design Standards Ordinance 16 -01 which rezoned this site to PDO (Planned Development Overlay), also established the design standards for the buildings on site. The applicant is now proposing what staff feels is a significant improvement to the overall design of the multi -tenant buildings. Staff does have a couple of concerns in regards to the elevations, which are addressed below. The final design for the multi- tenant buildings will need to replace the existing elevations within the design standards. Minimal changes will also need to be made to the text attached to Ordinance 16 -01. None of the changes will be substantive changes, rather just correcting portions that refer to the old building designations (A -F) and then designating which sections will apply to each of the new building lots. Building Materials/ Elevations The elevations attached to this report are a result of ongoing discussions between staff and the applicant. Improvements were made to the previously approved design, including more brick and variation to the facade accomplished by stepping out the ends of the buildings. However, staff is recommending conditions of approval that require the cornice be EIFS or better with flashing used only to maintain the integrity of the cornice, not as an architectural element. IllVhe Planning and Zoning board also recommended conditions requiring that the sides of the towers on each end f the building protrude from the building face equidistant to that already provided on the front of the building, which has been incorporated in the revised elevations. Landscaping The landscaping proposed is significantly conforming to the previously approved landscape plan, however the Planning and Zoning board has recommended a condition that all landscaping areas be irrigated, including plantings and sod areas. The landscaping for the single user buildings will need to be addressed at time of Site Development Plan Review. Parking Parking Factor Parking Requirement Spaces Required Retail C At least one (1) off street parking space for each two hundred (200) square feet of floor area. 30 Retail D At least one (1) off street parking space for each two hundred (200) square feet of floor area. 30 Future Retail At least one (1) off street parking space for each two hundred (200) square feet of floor area. 30 Pad Sites Will be determined at time of Site Plan Review N/A Parking Provided 92 - 56 - • Marketplace PDO Amendment, page 3 Parking Surplus 2 The parking for the site has been decreased by 17 spaces, which corresponds with the reduction of building area from 30,000 square feet to 25,400 square feet. Access /Circulation Access to the entire site is provided via five shared driveways from the internal street system of the larger Marketplace development. The layout is significantly conforming with the previously approved layout of the site, with the exception of the two lots adjacent to Apollo Drive. The layout of those lots will be subject to review during the Site Plan Review process for each building. The pedestrian circulation of the site was also a major concern of the Planning and Zoning Board, thus recommended conditions require the addition of more sidewalk areas and crosswalks within the parking lot. Lighting As the site is surrounded by similar commercial uses and the streets are private, the photometric lighting plan submitted with the application meets all of the city requirements. The lighting fixtures will be conditioned to match the existing fixtures within the Marketplace development. Additionally, decorative street lighting required as part of the original approval for Marketplace must be installed for this site and all other developed sites within the proj ect. As the applicant for this property is the aster developer for the entire site, a condition is being added requiring the installation of the necessary y Signaae The signage for the multi -tenant building will still be the same as was previously required. The two buildings on Apollo Drive will need to follow the single user signage criteria. The ordinance will need to be edited to remove references to the old building designations (A, B, C, D, and E) however the standards will not change. Trash / Mechanical Equipment Each building on site will be required to have a trash enclosure, and they are depicted on the site plan for Retail C and Retail D. The Environmental Board has recommended a condition that the trash enclosures be large enough to handle both trash and recycling bins, and the Planning and Zoning Board has recommended that the enclosures have maintenance free doors to enclose the area. All mechanical equipment will need to screened architecturally or with appropriate landscape materials. Utilities & Stormwater The utilities and grading for this site were completed during earlier phases of the Marketplace. Therefore, the �City Engineer comment memorandum did not include any issues and was not attached to this staff report. On oing changes to the site to meet all of the recommended conditions of approval will be reviewed subsequently by the City Engineer for compliance with requirements. Marketplace PDO Amendment, page 4 ENVIRONMENTAL BOARD The Environmental Board reviewed this application at the April 2005 regular meeting. There recommendations were numerous and are attached to this report. The comments of the Environmental Board were based on a different site design; therefore many of them no longer apply. However, comments regarding the trash enclosure have been incorporated into the staff recommended conditions. PLANNING AND ZONING BOARD The Planning and Zoning Board reviewed this proposal at the June 8, 2005 regular meeting and recommended approval subject to the conditions listed below. OPTIONS 1. Approve the project subject to conditions. 2. Deny the project. 3. Return to Staff with direction. RECOMMENDATION Staff recommends approval subject to the following conditions: 1 The architectural design standards approved as a part of this application must be supplied to each incoming tenant upon signature of a lease. 2. A development agreement must be executed between the developer and the city prior to the issuance of building permits for the site. 3. All lighting fixtures used on the site must be in conformance with the design standards. 4. The trash enclosure must be large enough to house both trash receptacles and recycling receptacles. 5. The trash enclosure must be constructed with the same materials as the proposed building. 6. The decorative lighting for this site and all other developed sites within the Marketplace must be installed prior to the issuance of a certificate of occupancy for any buildings on this site. 7. The cornice for the building must be constructed of EIFS and metal should only be used as flashing to prevent damage of the cornice materials. 8. Irrigation to include all sodding and planted areas. 9. Indentation of the rear elevations consistent with the floor plan. 10. Bump out both corner pieces in the same fashion as they bumped out the front elevations. • Marketplace PDO Amendment, page 5 11. Maintenance free door enclosure on the trash enclosures, if possible, with complete review of trash enclosures by staff. 12. Sidewalk extensions between buildings C and D east to west. 13. Painted crosswalks where sidewalks are divided by the parking lot. 14. The applicant must submit three full sets of plans depicting all of the revisions required by the above conditions for review and approval by city staff prior to the issuance of building permits for the site. ATTACHMENTS 1. Ordinance 03 -05 2. Marketplace 3rd Addition Plan Set received May 27, 2005. • • • • CITY OF LINO LAKES ORDINANCE NO. 03-05 AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT OVERLAY FOR THE MARKETPLACE AS CREATED BY ORIDINANCE 16 -01. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: SECTION I. FINDINGS The City Council makes the following findings regarding the application for amending the Planned Development Overlay for the property described below, based on the factors listed in Section 2, Subd.1E of the Lino Lakes zoning ordinance: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan, as the site is guided for commercial uses. 2. The proposed use is or will be compatible with present and future land uses of the area. The site is guided for commercial uses. Land in the area of the site is already developed with commercial uses or designated for such use. 3. The proposed use conforms with all performance standards contained herein. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Utilities are currently available to the site. 5. Traffic generation by the proposed use is within capabilities of streets serving the property in conjunction with the public improvements proposed. The Planned Development Overlay for the Marketplace as described in Exhibit A and as approved by Ordinance 16 -01 is hereby amended as follows: SECTION 2. DISTRICT PROVISIONS A. Development of the subject property shall be in substantial conformance with the preliminary development plans shown on the following exhibits: Exhibit B Preliminary Plat prepared by Westwood Development Services dated August 8, 2001. Exhibit C Site Plan prepared by Parsons Transportation Group, Inc., dated August 20, 2001. Exhibit D Grading, Drainage and Erosion Control Plan prepared by Parsons Transportation Group, Inc., dated August 20, 2001. • • Ordinance 03 -05 Page 2 Exhibit E Landscaping Plan, prepared by Parsons Transportation Group, Inc., dated August 20, 2001. Exhibit F Multi - tenant Building Elevation, prepared by Ryan Companies dated May 27, 2005. Exhibit G SuperTarget Building Elevation prepared by Target Stores, dated March 27, 2001. Exhibit H Kohl's Building Elevation prepared by KKE Architects, Inc., dated June 28, 2001. Exhibit I Pylon Sign A and Monument Signs A,B & C prepared by Ryan Companies dated July 11, 2001 Exhibit J Pylon Sign B & C prepared by Ryan Companies dated July 12, 2001 Exhibit K Site Plan for Marketplace 3rd Addition prepared by EVS dated May 27, 2005. B. Design Guidelines. Buildings that substantially comply with the following guidelines shall be deemed to meet the architectural intent of Lino Lakes Marketplace PDO. 1. Composition and Massing. Building massing should be used to highlight the location of the building entry. Corners should be accentuated with massing or material accents. Building facades should be composed of three recognizable elements of a base, a middle and a top. Therefore, all single tenant buildings and multiple tenant buildings will be required to use common facade elements such as: Defined base with accent materials Signband field of stucco or similar color material Cornice line of stucco over entry areas. The design will be consistent on all buildings. Cornice line of stucco or field color. This cornice line can be particular to the building. Colonial style gable roof forms and standing seam metal similar to what is shown on the submitted building elevations for Super Target should be designed in proportion and scale to the individual building. This form may not be applicable on all building types and retail franchise image. 2. Materials. Common materials used throughout the development will provide visual continuity that will enhance individual buildings as well as reinforce the Town Center District. All buildings will be required to use the following materials or other materials substantially similar in color and texture. Material Manufacturer Color Finish • • • Brick Field Color Brick Accent CMU Base CMU Accent EIFS Field/Signband EIFS Cornice Metal Standing Seam Metal Cap Flashing Beldon Brick Beldon Brick Anchor Block Anchor Block Dryvit Dryvit PAC Clad To Match The franchise retail image materials wherever possible. 3. Accent Lighting of each Jewel Blend A 97 -02 Potomac Clear 99 -36 Mojave Saddle Sandlewood Beige Buckskin Hartford Green EIFS Cornice Color tenant should be Ordinance 03 -05 Page 3 Velour Texture Dart-Tex Rock Face Burnished Quartzputz Sand Texture N/A coordinated with these When accent lighting is proposed on the building, it will be required to use the item listed below. Material Wall mounted accent lights Manufacturer Phoenix Model Color /Finish Intrigue Series -Metro TBD 4. Multiple Tenant Building: All multi - tenant buildings proposed as a part of the Marketplace Development shall be designed in accordance with the following: Exhibit F Multi -tenant Building Elevation, prepared by Ryan Companies dated May 27, 2005. 5. Single Tenant Buildings: All single -tenant buildings shall be designed in accordance with the following: Single use tenants shall substantially comply with the development standards outlined above while still maintaining their retail dress image. It is encouraged that each building incorporate the gable end roof form and standing seam metal over the entry or on the corners to reflect the vernacular established by other buildings on the site. 5. SuperTarget as located in Exhibit C shall be designed in accordance with the following: Exhibit G SuperTarget Building Elevation prepared by Target Stores, dated March 27, 2001. 6. Kohl's as located on Exhibit C shall be designed in accordance with the following: C. Signs Exhibit H Kohl's Building Elevation prepared by KKE Architects, Inc., dated June 28, 2001. • • • Ordinance 03 -05 Page 4 Signs on the subject property shall conform to the Planned Development Overlay Site Plan and the requirements setforth herein. 1. Wall Signs. a. SuperTarget signs shall conform to the following: All letters and logos will be individual aluminum cans, internally illuminated. Proposed Sign Specifications Location Square feet 30" Pharmacy Prototype red face, front elevation 56 sf trim and return. 12' Bullseye 60" TARGET 72" Super 8" underscore 48" Expect More Pay Less 35" Archer Farms 26" Market 24" Tenant sign TBD Prototype red face, trim and return. Prototype red face, trim and return. Prototype green face, trim and return. Prototype green face, trim and return. Prototype red face, trim and return. Prototype green face, trim and return. Prototype Red face, trim and return. TBD South (front) 489 sf West elevation South (front) 365sf West elevation Combined West entry on front elevation East entry on front elevation South (front) b. Kohl's signs shall conform to the following: Proposed Sin 60" Tenant Sign Specifications Individual letters, internally illuminated Location South elev. Between main entries, North elev. NE corner 167 sf 143 sf Combined 100 sf maximum per tenant Square feet 100 sf each c. Multiple Tenant Building: Wall signs for all multi -tenant buildings shall be in accordance with the following: i. Building fronts shall have a maximum average sign height of 30 inches and a maximum width equal to 80% of the lease width. Capital letters shall not exceed 36 inches. • • Ordinance 03 -05 Page 5 ii. Building rears shall have a maximum average sign height of 24 inches and a maximum width equal to 60% of the lease width. Capital letters shall not exceed 30 inches. iii. In no case shall the total sign area, per business, exceed 100 square feet for building fronts and 75 square feet for building rears. d. Single Tenant Buildings: Wall Signage for all single - tenant buildings shall be designed in accordance with the sign requirements of the GB (General Business) zoning district as specified in Ordinance No. 12 -97. 2. Freestanding Signs a. Pylon sign A (Combination Sign) shall be in conformance with the dimensional standards depicted in Exhibit I and be subject to the following sign details Proposed Sian 6' -9 "x 7' -4" Super TARGET and Logo 3' x 6' -9" KOHL'S Specifications White Panaflex Internally illuminated with HO fluro. White Panaflex Internally illuminated with HO fluro. Square feet 49.5 sf per side. 20.25 sf each tenant, each side. b. Pylon sign B (Super Target Sign) shall be in conformance with the dimensional standards depicted in Exhibit J and be subject to the following sign details. Proposed Sian 17' -3 "x14' -0" "Super TARGET and Logo Specifications White Panaflex Internally illuminated with HO fluro. Square feet 242 sf per side. c. Pylon sign C (Kohl's) shall be in conformance with the dimensional and architectural standards depicted in Exhibit J and subject to the following sign details. Proposed Sign 28' -0" x 6' -0" KOHL'S Specifications White Panaflex Internally illuminated with HO fluro. Square feet 168 sf per side. d. Monument Signs shall be in conformance with the dimensional and architectural standards depicted in Exhibit I and be subject to the following sign details. Proposed Sin Specifications Square feet • • • 5' -0" x 7' -0" Tenant sign D. Special Provisions White Panaflex Internally illuminated with HO fluro. Ordinance 03 -05 Page 6 35 sf per side. 1. Refrigeration units on delivery vehicles shall not operate between the hours of 10:00 p.m. and 7:00 a.m. Operation of delivery vehicles shall be limited to the same hours. 2. Site Plan Review. Development of all single tenant buildings, shall be subject to Site Plan Review approval in accordance with Section 2, Subd. 5 of the Lino Lakes Zoning Ordinance. 3. Development of Outlot D and Outlot E as depicted in the Site Plan (Exhibit C) shall be contingent on the developer acquiring title to the adjacent parcel and follow the platting requirements of the Lino Lakes Subdivison Ordinance. Development of said lots as specified herein and in conformance with the Site Plan (Exhibit C) shall not require amendment to the Planned Development Overlay (PDO). 4. Minor variations from the approved plans may be approved by the City's Development Review Committee, under the direction of the Community Development Director. Substantial departures from the approved plans will require an amendment to the Planned Development Overlay (PDO). 5. Unless otherwise specified herein the development shall be subject to the provisions of the Lino Lakes Zoning Ordinance and all other applicable chapters of City Code. 6. Commencement of development on the subject property (Exhibit A), in conformance with the plans attached hereto, shall be subject to the execution of a Development Agreement by and between the City of Lino Lakes and the owner and subdivider of said property. SECTION 3. As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. • • • Ordinance 03 -05 Page 7 SECTION 4. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the Lino Lakes City Council this day of , 2005 ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor • EXHIBIT A PROPERTY description is as follows: Ordinance 03 -05 Page 8 That part of the South Half of the Southeast Quarter of Section 8, Township 31 North, Range 22 West, and Lot 15, Auditor's Subdivision No. 134, Anoka County, Minnesota, described as follows: Commencing at the intersection of the South line of Section 8, Township 31 North, Range 22 West, Anoka County, Minnesota, and the Easterly right of way line of Old Minnesota Highway No. 8; thence Northeasterly along said Easterly right of way line of Old Minnesota Highway No. 8 for 444.0 feet to the point of beginning of this description; thence East and parallel with said South line of Section 8 for 413.00 feet; thence Southwesterly and parallel with said Easterly right of way line of Old Minnesota Highway No. 8 for 209.00 feet; thence East and parallel with said South line of said Section for 812.00 feet, more or less, to its intersection with the Northwesterly right of way line of Minnesota Interstate Highway No. 35W; thence Northeasterly along said Northwesterly right of way line of Minnesota Interstate Highway No. 35W to its intersection with the East line of said Section 8; thence North along said East line of Section 8 to the Northeast corner of South Half of Southeast Quarter of said Section 8; thence West along the North line of said South Half of Southeast Quarter of Section 8 to its intersection with the Easterly right of way line of said Old Minnesota Highway No. 8; thence Southwesterly along said Easterly right of way line of Old Minnesota Highway No. 8 to the point of beginning. • EXCEPTING THEREFROM THE FOLLOWING 3 PARCELS: • EXCEPTION NO. 1 That part of the Southeast Quarter of the Southeast Quarter of Section 8, Township 31 North, Range 22 West, and that part of Lot 15 of Auditor's Subdivision No. 134, Anoka County, Minnesota described jointly as follows: Commencing at the Northeast corner of the South Half of the Southeast Quarter of Section 8; thence West along the North line of the South Half of the Southeast Quarter, a distance of 1172.00 feet to the point of beginning; thence continuing West, along the North line of the South Half of the Southeast Quarter, a distance of 208.7 feet; thence South, deflecting to the left 90 degrees, a distance of 233.00 feet; thence East deflecting to the left 90 degrees, a distance of 208.7 feet; thence North, deflecting to the left 90 degrees, a distance of 233.00 feet to the point of beginning. EXCEPTION NO. 2 That part of the South Half of the Southeast Quarter, of Section 8, Township 31, Range 22, Anoka County, Minnesota, described as follows: Beginning at a point on the North line of said South Half of Southeast Quarter, distant 1587.48 feet West of the Northeast corner thereof; thence South at right angles, a distance of 201.00 feet; thence West, parallel with the North line of said South Half of the Southeast Quarter and to the Easterly right of way line of Old State Trunk Highway No. 8; thence Northeasterly on said Easterly right of way line to its intersection with the • • • Ordinance 03 -05 Page 9 North line of said South Half of Southeast Quarter; thence East on said North line to the point of beginning. EXCEPTION NO. 3 That part of the South Half of the Southeast Quarter of Section 8, Township 31 Range 22, Anoka County, Minnesota, described as follows: Commencing at the Northeast corner of said South Half of Southeast Quarter; thence North 89 degrees 41 minutes 23 seconds West (assumed bearing), along the North line of said South Half of Southeast Quarter, a distance of 1380.70 feet, to the actual point of beginning of tract to be described; thence at right angle to the North line, South 00 degrees 18 minutes 37 seconds West, 233.00 feet; thence at a right angle, North 89 degrees 41 minutes 23 seconds West, 500.57 feet, more or less, to the Easterly line of Anoka County Highway Right -of -Way Plat No. 17; thence Northeasterly, along said Easterly line of a curve whose radius is 5641.85 feet, a central angle of 00 degrees 21 minutes 52 seconds, a distance of 35.88 feet, more or less, to its intersection with the South line of the North 201.00 feet of said South Half of Southeast Quarter; thence South 89 degrees 41 minutes 23 seconds East, parallel with North line of said South Half of Southeast Quarter, to a point of intersection, said point of intersection distance 1587.48 feet West of the Northeast corner of said South Half of Southeast Quarter, and 201.00 feet Southerly at a right angle to said North line; thence North 00 degrees 18 minutes 37 seconds East, on said right angle line, 201.00 feet, to the North line of said South Half of Southeast Quarter; thence South 89 degrees 41 minutes 23 seconds East, 206.78 feet; to the actual point of beginning. r ASO riff 1E7 N 4 m 11i ;11` r!! 1 f L L lid _`�"Y`��'a• \ gR g ,, 'q0.Ogg i m '0 O O � � II Z p 1 mil €g2g$ o oo660066 m a V vYY� b bVmmal.N+ j: ^almm vopm O 4x r2 9NINOZ 1N32121fl3 01 �.y N N000 r rETVOS 31HdVITO 09 .. m _Ilf 4 /0 b 0 V 147 147 448 of 'Tl• 60 i4 9A •4 R IJ`'1 vi 0 -1 5 - (ASrllr R' 59181551851555 Ml 111 I r \ I-.e>;r INC Or me s v' yv nr 50,4 <11 1 kn d LP lE • \ r_ ai 1 4' 9 \ \ -- i' 875 CPdm. • I Cr v' .1.,• ° ''`` •`:- ```'rte.. �J T•� \ j^ 0 ° I Ni X51 11J— 1 ammo 4M1 -1 r ,rll U7 F« ^ EPb¢rt gg ^ eQa ^�m o3Ugg >q ag--gg g "- a m °n "xg 9 on,+ x� «v 8g4;., 8_a.e '4114 R3°SpN1�*4 3 0 „CY °o n go¢n: ra.l g i ^ Zo gao , 3 R. ^4^ �qd N�a �yS. 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B-- i f -4" —0- " -k_- c., T v: 4 .1. ut 0 -0 4 r F 1 Pt r �n ' 1 0 bD roi 0 S -< 1 1 I I 4 O % 31 0 qj '1 P t1N 6- " ';' 0 0 r- > w 0 0 3' -4" 60' -0" 16' -4" N 3' -4" -4" 16'- 51/4" 7' -0" 8'- 103/4" 3' -4' N O O 2£I6Z E ,96 in > N m N m o Z z 0 0 < U7 O A8 a3NO3HO N N 53' - 1 1/2" 3' -4" 16' -4" 2'- 103/8 " - �'I.LII zaapis A21O±SIH a38wnN El Or O 2005 RYAN COMPANIES US, INC. -1' - 9 5/8" 32' -4" 3' - 4" N N J op 01 U1 W ' Itl c I N) !`L' G r-+ -/ °:2: 1 :',--7 N 'Dufour' 'ONI `SC153INVdNIOO NYAII BUILDING LASTING RELATIONSHIPS 01 W .p. • AGENDA ITEM 6C • • STAFF ORIGINATOR: Mary Alice Divine DATE: June 27, 2005 TOPIC: Consideration of Resolution No. 05 -87 Calling for a Public Hearing Regarding Tax Abatement in Connection with YMCA Project VOTE REQUIRED: Simple majority BACKGROUND: In 1999 the Lino Lakes City Council endorsed city participation in the construction of a YMCA in Lino Lakes. This agreement included participation by the city of $1.5 million toward construction of the facility. Springsted, Inc., the city's financial consultants, and Kennedy & Graven, the city's bond attorney, have considered different options to meet this commitment, and have concluded the preferred option is through tax abatement. Legacy at Woods Edge, the city's new downtown development now beginning construction, has a portion of the project within a Tax Increment Financing District and a portion of the project outside that District (see map). Springsted and Kennedy & Graven are recommending that $1.5 million of abatement bonds be issued to meet the commitment to the YMCA. City taxes collected on new development within Woods Edge that is outside the TIF District would be used as the source of revenue to repay the bonds. Under the terms of Minnesota Statutes 226J.993 to 116J.995, ( "Business Subsidy Act ", the provision of tax abatement constitutes a business subsidy, which also requires a public hearing. This hearing will also consider the provision of a business subsidy through the use of tax abatement. OPTIONS: 1. Adopt Resolution No. 05 -87 Calling for a Public Hearing to be held on July 25, 2005 at 6:30 p.m. to consider the use of providing a business subsidy through tax abatement in connection with the YMCA project. 2. Do not adopt the resolution. 3. Return to staff for further consideration. RECOMMENDATION: -91- • • • CITY OF LINO LAKES RESOLUTION NO. 05 -87 RESOLUTION CALLING A PUBLIC HEARING REGARDING TAX ABATEMENT IN CONNECTION WITH YMCA PROJECT WHEREAS, under Minnesota Statutes, Sections 471.15 to 471.191 (the "Recreation Act"), the City of Lino Lakes (the "City ") is authorized to acquire, equip and maintain recreational facilities, and also to cooperate with a nonprofit organization in the operation of such a recreational program in any manner in which the parties mutually agree; and WHEREAS, in furtherance of a cooperative program under the Recreation Act the City and the YMCA of Greater St. Paul ( "YMCA ") have entered into an agreement titled YMCA/City of Lino Lakes Development Agreement dated June 22, 2005 (the "Development Agreement "). The Development Agreement describes the parties' respective responsibilities in the construction and operation of an approximately 50,000 square foot recreational facility in the City (the "Facility ") to be located within a larger development known as the "Legacy at Woods Edge;" and WHEREAS, under the Development Agreement, the City has agreed, among other things, to contribute $1,500,000 toward construction of the Facility; and WHEREAS, under Minn. Stat. Sections 469.1812 through 469.1815 (the "Abatement Act "), the City is authorized to grant a property tax abatement on specified parcels in order to accomplish certain public purposes, including situations where the abatement will provide employment opportunities in the City, provide or help acquire or construct public facilities, help provide access to services for City residents, or finance or provide public infrastructure; and WHEREAS, the City is also authorized under the Abatement Act to issue bonds to pay for public improvements that benefit the property that is the source of the abatement; and WHEREAS, the City has determined that the Facility will help serve the City's recreational programs under the Recreation Act, and that it will provide access to recreational services for both future residents of the Legacy at Woods Edge development and residents in the City as a whole; and WHEREAS, the City proposes to approve an abatement of property taxes on certain identified parcels within the Legacy at Woods Edge development that will benefit from the Facility, and to pledge those abatements towards bonds (the "Abatement Bonds ") to be issued in order to finance assistance to the YMCA in accordance with the Development Agreement; and WHEREAS, the provision of such assistance also constitutes a "business subsidy" to the YMCA within the meaning of Minnesota Statutes, Sections 116J.993 to 1163.995 (the "Business Subsidy Act "); and WHEREAS, the City proposes to enter into a business subsidy agreement with the YMCA regarding the City's financial assistance through issuance of the Abatement Bonds, under which the YMCA must meet certain goals; and SJB- 264291v1 LN 140 -90 -92- • • • WHEREAS, under the Abatement Act and the Business Subsidy Act, the City must hold a public hearing regarding approval of any abatement and any business subsidy; and WHEREAS, the City Council has determined to hold the required public hearings and consider the terms of the abatement and the business subsidy agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, that: 1. The Council directs staff and consultants to prepare or finalize an abatement resolution and related business subsidy agreement for the Facility and the Abatement Bonds. 2. The City Administrator is authorized and directed to publish a notice in the City's official newspaper announcing a public hearing before the City Council on July 25, 2005 at 6:30 p.m. in the council chambers on the abatement resolution and the business subsidy agreement. The notice shall be published in the newspaper at least 10 days but not more than 30 days prior to the public hearing, and shall be in substantially the form attached as Exhibit A to this resolution. Approved by the City Council of the City of Lino Lakes this 27th day of June, 2005. ATTEST: City Clerk SJB- 264291v1 LN 140 -90 Mayor - 9 3 - • • • EXHIBIT A NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Lino Lakes, Minnesota will meet at 6:30 p.m. on Monday, July 25, 2005 at City Hall, 600 Town Center Parkway, Lino Lakes, Minnesota, to conduct a hearing regarding: 1. Granting of a property tax abatement under Minnesota Statues, Section 469.1812 to 469.1815 for certain property in the City of Lino Lakes; and 2. A business subsidy agreement between the City and the YMCA of Greater St. Paul ( "YMCA "), regarding property tax abatement assistance to be provided by the City. The proposed abatement and subsidy involves assistance to construct a YMCA facility in the Legacy at Woods Edge development, which is located generally at the southeast corner of the Interstate 35W and Lake Drive interchange. The property subject to the abatement (the "Abatement Parcels ") consists of Outlot E and Lot 2, Block 1, The Village No. 3, which is the portion of the Legacy at Woods Edge plat excluding existing Tax Increment District No. 1 -11 and the YMCA site. A map of the Abatement Parcels is available at City Hall. At the hearing, the City Council will consider an abatement resolution under which the City will collect the City' s share of property taxes from the Abatement Parcels and pledge those revenues to pay bonds to be issued by the City. Proceeds of the bonds will be used to help finance construction of the YMCA facility adjacent to the Abatement Parcels. The estimated abatement amount is $155,000 annually over 15 years. The Council will also consider a business subsidy agreement between the City and YMCA, which will set certain goals and requirements in connection with the City's abatement assistance. A draft copy of the abatement resolution and the business subsidy agreement, will be on file at City Hall on and after the date of this notice. Any person wishing to express an opinion on the matters to be considered at the public hearing will be heard orally or in writing. Dated: [date of publication] SJB- 264291v1 LNI40 -90 - 9 4 - /s/ City Clerk THE vfl..1..4a -E NO. 3 T r , / / r , r / / / I j ..0.000 w. rnN r .. 0.1. A .71 T I I I 1 City or Lino Lakee Cotnty or Anoka Section 11, T31, R22 `SB9 M4 .001-41-0•1 • • • • / r r r , / -31 L'^ N • / r • - YCJ..AOE DRIVE r , , L r • • 1 ~ j 1// . itl r r C4 ` % `TA /. v.-- a NB9' VS•W 39 T.2"41.270411." 000. 000. 1+ 0. •0.0 NST. 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I Land &rvagora 13HMM1 3 OF 3 SI • • • City of Lino Lakes, Minnesota Tax Abatement Process (YMCA Project) Time Schedule — Updated Wednesday, June 22, 2005 City Council Worksession • Discussion Item #1 Financing options available to City for YMCA Project • Discussion Item #2 Tax Abatement Overview • Discussion Item #3 The Process of Establishing a Tax Abatement for YMCA Project Monday, June 27, 2005 City Council Meeting • Action Item #1 • Action Item #2 Authorize Implementation of Time Schedule and Call for Public Hearing on Establishment of a Tax Abatement Authorize Staff to Draft Tax Abatement Resolution • Discussion Item #1 Discuss Abatement Participation from School District and County July 2005 City Council Worksession - optional • Discussion Item #1 Followup Overview of Tax Abatement Concept for YMCA project and Estimated Amount of Revenue • Discussion Item #2 Review Draft Tax Abatement Resolution — will be distributed Tuesday, July 5, 5 pm Deadline for Submitting Information for Publication of Notice of Public Hearing (arrangements made by SPRINGSTED) Tuesday, July 12 Publication of Notice of Public Hearing Deadline: July 5 White Bear Lake Quad Community Press (arrangements made by SPRINGSTED) Monday, July 25, 6:30 pm City Council Holds Public Hearing, and Adopts Necessary Resolution • Public Hearing #1 To Establish a Tax Abatement • Action Item #1 Approve Resolution Establishing a Tax Abatement Prepared by Springsted, Inc. 6/17/2005 • • • STAFF ORIGINATOR: CC MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND AGENDA ITEM 6.D. Michael Grochala June 27, 2005 Amending Section 7, Subd. 4 to designate former SC, Shopping Center Districts as GB, General Business Districts and adding Subd. 5 addressing Planned Development Overlays (PDO). 3/5 In February of 2003 the City Council adopted Ordinance No. 08 -03, establishing an updated zoning ordinance text and zoning map for the City of Lino Lakes. As part of the update two business districts, the CB, Central Business District, and SC, Shopping Center District were eliminated. All uses previously allowed within these districts were provided for in the GB, General Business District. Therefore it was intended to rezone all CB and SC Districts to GB. Section 7, Subdivision 4 of the ordinance specifically addresses this change with regard to the CB district, however the SC District was erroneously omitted. REQUEST To correct this error staff is recommending amendment of Section 7, Subdivision 4 and 5 of Ordinance 08 -03 to read as follows: Subd. 4 Land formerly within a CB, Central Business District or SC, Shopping Center District is hereby zoned GB, General Business District. Subd. 5 Land formerly within a SC. Shopping Center District that has been rezoned to PDO. Planned Development Overlay prior to adoption of this ordinance shall be subject to the provisions of the PDO ordinance. Where provisions are not specified within the PDO ordinance the property shall be governed by the requirements of the GB. General Business District. The only property currently shown on the Official Zoning Map as SC, Shopping Center District is located in the northeast quadrant of the Lake Drive /I -35W Interchange Area, the boundary of which is described as follows: That part of Sections 8 and 17, Township 31, Range 22 lying easterly of the eastern right of way line of County State Aid Highway 23 (Lake Drive), northerly of northern right of way line of Interstate 35W, south of the north section line of the south half of the SE Quarter of said Section 8 and west of the east line of Outlot A, Market Place, Anoka, Minnesota. • • • Planning & Zoning Board June 8, 2005 Zoning Ordinance Amendment ZONING MAP: UEUC .AC-i AKE PLANNING AND ZONING BOARD The Planning and Zoning board recommended approval of this request at the June 8, 2005 regular meeting. RECOMMENDATION The proposed change does not create any new non- conformities. Both the existing Schwan's facility and the existing two duplexes to the east were considered non - conforming under the SC, Shopping Center designation. The Lino Lakes Market Place and JADT Developments were previously approved as Planned Development Overlays (PDO). The proposed change will clarify what zoning provisions apply to the respective developments if not specifically addressed within the PDO ordinance. Staff is reconunending approval of the zoning ordinance amendment. • • • CITY OF LINO LAKES ORDINANCE NO. 04 -05 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES TO DESIGNATE FORMER SC, SHOPPING CENTER DISTRICTS AS GB, GENERAL BUSINESS DISTRICTS AND ADDING SUBDIVISION 5 ADDRESSING PLANNED DEVLEOPMENT OVERLAYS (PDO). The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: SECTION 1. FINDINGS The City Council makes the following findings regarding the amendment of the Lino Lakes zoning ordinance: 1. The SC, Shopping Center district was eliminated with the adoption of Ordinance 01 -03. 2. It was the intent that the SC, Shopping Center district be incorporated into the GB, General Business district provisions. 3. The zoning ordinance does not specifically address provisions for properties lying within a SC, Shopping Center district. 4. The zoning ordinance does not specifically address provisions for properties formerly within a SC, Shopping Center district that has been rezoned to PDO, Planned Development Overlay. 5. It is necessary to clarify existing ambiguities regarding the SC, Shopping Center district. • SECTION 2. The City Council of the City of Lino Lakes hereby ordains as follows: Section 7, Subdivision 4 of Ordinance 03 -01 shall be amended as follows: Subd. 4 Land formerly within a CB, Central Business District or SC, Shopping Center District is hereby zoned GB, General Business District. Section 7, Subdivision 5. shall be added to Ordinance 03 -01 as follows: Subd. 5 SECTION 3. Land formerly within a SC, Shopping Center District that has been rezoned to PDO, Planned Development Overlay prior to adoption of this ordinance shall be subject to the provisions of the PDO ordinance. Where provisions are not specified within the PDO ordinance the property shall be Governed by the requirements of the GB, General Business District. 411 As above amended, said Zoning Ordinance shall stand as initially assed and previously amended. p • SECTION 4. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the Lino Lakes City Council this 27th day of June, 2005 ATTEST: John J. Bergeson, Mayor Ann Blair, City Clerk STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 6E Michael Grochala June 27, 2005 Consideration of Resolutions No. 05 -81 through 05 -84 Supporting Applications for Federal Funding Simple Majority The Transportation Advisory Board (TAB) to the Metropolitan Council is soliciting proposals for 2009 and 2010 projects to use federal transportation funds. Both Anoka County and the City of Centel -0Ile have requested support from the City of Lino Lakes for project applications that are located in or adjacent to the City. The projects are as follows: CSAH 14 Pedestrian Trail Underpass. Anoka County is proposing to reconstruct CSAH 14 (Main Street) between I -35W and I -35E, in 2007. As part of the project the County is proposing to construct a pedestrian /bicycle underpass adjacent to the Rice Creek Bridge to provide safe access across CSAH 14. The underpass will connect the proposed trail along the south side of CSAH 14 to the boat ramp and fishing pier adjacent to the dam. Rice Creek North Chain of Lakes Regional Trail Extension. Anoka County Park Department is proposing to construct a pedestrian /bicycle trail through the regional park, from County Road J, through Chomonix Golf Course and up to the Civic Complex and Legacy at Woods Edge. CSAH 14/! -35E Interchange. Anoka County is requesting federal dollars for the reconstruction of the CSAH 14 (Main Street) /I -35E Interchange. The County and City have previously received federal appropriations for preliminary design of the interchange. Additionally, the Federal Transportation Bill currently being discussed in the U.S. Senate includes an additional $1,000,000 appropriation for final design. City of Centerville CSAH 14 Enhancements The City of Centerville is requesting federal transportation enhancement dollars to assist with aesthetic and pedestrian /bicycle improvements through the downtown core as part of the CSAH 14 project. RECOMMENDATION All of the above mentioned projects will provide benefits to Lino Lakes and the City Council June 27, 2005 • surrounding area. Staff is recommending adoption of Resolutions No. 81 -84. ATTACHMENTS 1. Resolution No. 05 -81 2. Resolution No. 05 -82 3. Resolution No. 05 -83 4. Resolution No. 05 -84 • • • City Council June 27, 2005 CITY OF LINO LAKES, MINNESOTA RESOLUTION NO.05 -81 SUPPORTING ANOKA COUNTY FEDERAL FUNDING APPLICATION FOR THE CSAH 14 TRAIL UNDERPASS WHEREAS, Anoka County has been awarded federal transportation funding for the reconstruction of CSAH 14 from I -35W to 1 -35E; and WHEREAS, the Rice Creek Chain of Lakes Regional Park Reserve provides for open space and recreational opportunities for the City of Lino Lakes, surrounding communities and the metropolitan area as a whole; WHEREAS, development of the regional trail network provides opportunities for citizens to experience and enjoy the natural amenities offered by the Park; and WHEREAS, the proposed regional trail will provide connections to neighboring communities and adjacent counties following Rice Creek watershed. WHEREAS, Anoka County has submitted an application to the Transportation Advisory Board (TAB) to the Metropolitan Council for 2009 and 2010 projects to use federal transportation enhancement funds to assist with the construction of a pedestrian /bicycle bridge in the environmentally sensitive area of the park. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the City of Lino Lakes strongly supports the request of Anoka County for federal transportation enhancement funds to assist with the construction of a pedestrian /bicycle bridge in the environmentally sensitive area of the park. Adopted by the Lino Lakes City Council this 27th day of June, 2005 Ann Blair, City Clerk John J. Bergeson, Mayor • • • City Council June 27, 2005 CITY OF LINO LAKES, MINNESOTA RESOLUTION NO.05 -82 SUPPORTING ANOKA COUNTY FEDERAL FUNDING APPLICATION FOR THE RICE CREEK CHAIN OF LAKES NORTH REGIONAL TRAIL IMPROVEMTNS WHEREAS, the Rice Creek Chain of Lakes Regional Park Reserve provides for open space and recreational opportunities for the City of Lino Lakes, surrounding communities and the metropolitan area as a whole; WHEREAS, development of the regional trail network provides opportunities for citizens to experience and enjoy the natural amenities offered by the Park; and WHEREAS, the City of Lino Lakes has previously constructed trail improvements to integrate the city trail system with the regional trail system to provide multimodal transportation opportunities for its citizens; and WHEREAS, o Lam_ City's �-, WHEREAS, the City s Parks, Natural Open Space /Greenways and Trail System Plan promotes the improvement of linear greenway /trail corridors radiating from the Regional Park with the anticipation of connecting to regional trail improvements; and WHEREAS, the proposed regional trail improvements will connect to trail improvements being constructed by the City as part of the City's mixed use, pedestrian oriented downtown development (Legacy at Woods Edge) that was, in part, funded by the Metropolitan Council in accordance with the Livable Communities Act. WHEREAS, the proposed regional trail will provide connections to neighboring communities and adjacent counties following Rice Creek watershed. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the City of Lino Lakes strongly supports the request of Anoka County for Federal Transportation Enhancement Funding for the Rice Creek Chain of Lakes North Regional Trail Improvements. Adopted by the Lino Lakes City Council this 27th day of June, 2005 Ann Blair, City Clerk John J. Bergeson, Mayor • City Council June 27, 2005 CITY OF LINO LAKES, MINNESOTA RESOLUTION NO.05 -83 SUPPORTING ANOKA COUNTY FEDERAL FUNDING APPLICATION FOR THE CSAH 14/135E INTERCHANGE WHEREAS, the continued growth of the city and surrounding communities is leading to increasing travel demand along the CSAH 14/I -35E corridor which, if unmanaged, can negatively affect the level of performance, safety, and congestion experienced by users of the corridor; and, WHEREAS, community leaders, motorists, and road authorities have identified this growing travel demand and development pressure as a concern with potential negative consequences for mobility and safety in the corridor, with the potential to further degrade the performance level now provided by the corridor, and the resulting implications for the economy and quality of life of the region; and, WHEREAS, the CSAH 14/I -35E interchange is currently operating at a substandard level of performance, continues to increase in congestion and is raising safety concerns; and • WHEREAS, the Cities of Lino Lakes, Centerville, Forest Lake, and Hugo, the Town of Columbus, and Counties of Anoka and Washington, recognizing the potential impact of continued growth pressure on the corridor, have entered into a Joint Powers Agreement to collaboratively evaluate the long -term role that the CSAH 14 Corridor will play in meeting the transportation needs of the area and to support needed improvements to the corridor, including the CSAH 14/I -35E interchange; and, WHEREAS, Anoka County has submitted an application to the Transportation Advisory Board (TAB) to the Metropolitan Council for 2009 and 2010 projects to use federal transportation funds to assist with the reconstruction of the I -35E /CSAH 14 interchange. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the City of Lino Lakes strongly supports the request of Anoka County for federal transportation funds for the reconstruction of the CSAH 14/I -35E interchange. Adopted by the Lino Lakes City Council this 27th day of June, 2005 • Ann Blair, City Clerk John J. Bergeson, Mayor • • • City Council June 27, 2005 CITY OF LINO LAKES, MINNESOTA RESOLUTION NO.05 -84 SUPPORTING CITY OF CENTERVILLE REQUEST FOR FEDERAL TRANSPORTATION ENHANCEMENT FUNDS WHEREAS, Anoka County has been awarded federal transportation funding for the reconstruction of CSAH 14 from I -35W to I -35E; and WHEREAS, the City of Centerville is submitting an application for federal transportation enhancement funds for street lighting and related items in conjunction with reconstruction of CSAH 14 by Anoka County. WHEREAS, the City of Lino Lakes believes this project will help address safety and mobility issues occurring in the area. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the City of Lino Lakes strongly supports the request of the City of Centerville for federal transportation enhancement funds for streetscaping improvements as part of the CSAH 14 Improvement project. Adopted by the Lino Lakes City Council this 27th day of June, 2005 Ann Blair, City Clerk John J. Bergeson, Mayor