The URL can be used to link to this page

Home My WebLink About07/25/2005 Council PacketAMENDED AGENDA CITY OF LINO LAKES Monday, July 25, 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) July 25, 2005 (Check No. 74260 through 74373 in the amount of $584,430.26). Pg. 4 -15 ii) Centennial Fire District (Check No. 14797 through 14815 in the amount of $55,807.83). Pg. 16 B) Consider minutes of June 20, 2005 Council Work Session 2. Finance Department Report, Al Rolek A) None. 3. Administration Department Report, Dan Tesch A) Consider Resolution No. 05 -110, Approving Parade Permit for Second Annual Blue Heron Days, August 20, 2005, Ann Blair Pg. 17 -18 4. Public Safety Department Report, Dave Pecchia A) Proclamation Declaring August 2, 2005 "National Night Out" Pg. 19 5. Public Services Department Report, Rick DeGardner A) Consideration of Resolution No. 05 -101, Accepting Bids and Awarding Contract, Water Tower #2 Reconditioning Project Pg. 20 -21 Page 1 AMENDED AGENDA B) Consideration of Resolution No. 05 -103, Authorizing Expenditures For Civic Complex Energy Conservation Improvements Pg. 22 6. Community Development Department Report, Michael Grochala A) Public Hearing. YMCA Financing Pg. 23 -39 i. Consideration of Resolution No. 05 -104, Granting Property Tax Abatement, Mary Divine (Pg. 25 -28) ii. Consideration of Resolution No. 05 -105, Approving Business Subsidy to YMCA, Mary Divine (Pg. 31 -32) B) Oakwood View i. Consideration of Resolution No. 05 -96, Approving Development Agreement, Lots 1 -7, Block 1 and Lots 1 -3, Block 2, Oakwood View Subdivision, Jim Studenski Pg. 40 -55 ii. Consideration of Resolution No. 05 -97, Approving Development Agreement, Lot 9, Block 1, Oakwood View Subdivision, Jim Studenski Pg. 56 -69 iii. Consideration of Resolution No. 05 -26, Approving Final Plat, Oakwood View Subdivision, Paul Bengtson Pg. 70 -74 C) Cavegn Estates, Paul Bengtson Pg. 75 -85 i. Consider 1St Reading of Ordinance No. 06 -05, Rezoning Property from R, Rural to R -1, Single Family Residence District (Pg. 78- 8079 -80) ii. Consideration of Resolution No. 05 -108, Approving Preliminary Plat and MUSA Allocation, Cavegn Estates. (Pg. 81 -82) iii. Consideration of Resolution No. 05 -98 Approving Development Agreement (Grading Only), Apollo Landing, Jim Studenski Pg. 86 -102 Consideration of Resolution No. 05 -120, Establishing Submittal Requirements for Comprehensive Plan Amendments, Jeff Smyser Pg. 103 -107 C) Consideration of Resolution No. 05 -99, Authorizing Preparation of Plans and Specifications, 2005 Surface Water Management Project, Jim Studenski Pg. 108 -109 Page 2 AMENDED AGENDA D) Consideration of Resolution No. 05 -100, Accepting Feasibility Study and Calling Hearing on Improvements, Lois Lane Utility Improvements, Jim Studenski Pg. 110 -119 E) Lake Drive /I -35W Interchange Improvements, Michael Grochala i. Consideration of Resolution No. 05 -106, Supporting Federal Surface Transportation Funding Application, Lake Drive /I -35W Improvements Pg. 120 -122 ii. Consideration of Resolution No. 05 -107, Authorizing Preparation of Final Design Plans and Specifications, Lake Drive Improvements — I35W Bridge, Michael Grochala Pg. 123 -125 7. Unfinished Business A) None. 8. New Business A) Consider minutes of June 27, 2005 Council Meeting (Stoltz absent). 9. Community Calendar, July 26, 2005 through August 8, 2005: A) Environmental Board Meeting, Wednesday, July 27, 2005, 6:30 p.m. B) Park Board Meeting, Monday, August 1, 2005, 6:30 p.m. C) Council Work Session, Wednesday, August 3, 2005, 5:30 p.m. D) EDAC Meeting, Thursday, August 4, 2005, 7:00 a.m. E) Joint City Council & Charter Commission Meeting, 6:30 p.m. F) City Council Meeting, Monday, August 8, 2005, 6:30 p.m. 10. Adjourn Revised 07/25/05 ajb 11:00 a.m. Page 3 EXPANDED AGENDA CITY OF LINO LAKES Monday, July 25, 2005 Council Chambers City Council meeting 6:30 p.m. (6:32 P.M.) (Scheduled to be broadcast on Channel 16) Open Mike THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK. Call to Order and Roll Call ALL PRESENT. Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items THERE WERE NO CHANGES TO THE AGENDA. MAYOR BERGESON NOTED SOME CORRECTIONS TO THE NUMBERING OF ITEMS. 1. Consent Agenda - A) Consideration of Expenditures: i) July 25, 2005 (Check No. 74260 through 74373 in the amount of $584,430.26). Pg. 4 -15 ii) Centennial Fire District (Check No. 14797 through 14815 in the amount of $55,807.83). Pg. 16 B) Consider minutes of June 20, 2005 Council Work Session COUNCILMEMBER CARLSON NOTED THAT ITEM 1B, MINUTES, SHOULD BE AMENDED TO READ THE "JUNE 22, 2005 COUNCIL WORK SESSION" MINUTES. MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER REINERT, APROVING THE CONSENT AGENDA. THE MOTION PASSED UNANIMOUSLY. 2. Finance Department Report, Al Rolek A) None. 3. Administration Department Report, Dan Tesch Page 1 EXPANDED AGENDA A) Consider Resolution No. 05 -110, Approving Parade Permit for Second Annual Blue Heron Days, August 20, 2005, Ann Blair Pg. 17 -18 MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05-110, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. 4. Public Safety Department Report, Dave Pecchia A) Proclamation Declaring August 2, 2005 "National Night Out" Pg. 19 MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER CARLSON, ACCEPTING THE PROCLAMATION AND DECLARING AUGUST 2, 2005 "NATIONAL NIGHT OUT ", AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. 5. Public Services Department Report, Rick DeGardner A) Consideration of Resolution No. 05 -101, Accepting Bids and Awarding Contract, Water Tower #2 Reconditioning Project Pg. 20 -21 MOTION BY COUNCILMEMBER CARLSON, SECONDED BY COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO. 05-101, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. B) Consideration of Resolution No. 05 -103, Authorizing Expenditures For Civic Complex Energy Conservation Improvements Pg. 22 MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER REINERT, FOR ADOPTION OF RESOLUTION NO. 05- 103, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. 6. Community Development Department Report, Michael Grochala A) Public Hearing. YMCA Financing Pg. 23 -39 MAYOR BERGESON OPENED THE PUBLIC HEARING ON THIS ITEM AT 7:17 P.M. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK. MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER CARLSON, TO CLOSE THE PUBLIC HEARING AT 7:17 P.M. THE MOTION PASSED UNANIMOUSLY. i. Consideration of Resolution No. 05 -104, Granting Property Tax Abatement, Mary Divine (Pg. 25 -28) Page 2 EXPANDED AGENDA MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO. 05-104, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. ii. Consideration of Resolution No. 05 -105, Approving Business Subsidy to YMCA, Mary Divine (Pg. 31 -32) MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER CARLSON, FOR ADOPTION OF RESOLUTION NO. 05- 105, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. B) Oakwood View i. Consideration of Resolution No. 05 -96, Approving Development Agreement, Lots 1 -7, Block 1 and Lots 1 -3, Block 2, Oakwood View Subdivision, Jim Studenski Pg. 40 -55 MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05-96, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. ii. Consideration of Resolution No. 05 -97, Approving Development Agreement, Lot 9, Block 1, Oakwood View Subdivision, Jim Studenski Pg. 56 -69 MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05-97, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. iii. Consideration of Resolution No. 05 -26, Approving Final Plat, Oakwood View Subdivision, Paul Bengtson Pg. 70 -74 MOTION BY COUNCILMEMBER CARLSON, SECONDED BY COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO. 05-26, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. C) Cavegn Estates, Paul Bengtson Pg. 75 -85 i. Consider 1St Reading of Ordinance No. 06 -05, Rezoning Property from R, Rural to R -1, Single Family Residence District (Pg. 78- 8079 -80) MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER CARLSON, APPROVING FIRST READING OF ORDINANCE NO. 06-05, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. Page 3 EXPANDED AGENDA ii. Consideration of Resolution No. 05 -108, Approving Preliminary Plat and MUSA Allocation, Cavegn Estates. (Pg. 81 -82) MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05-108, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. D) Consideration of Resolution No. 05 -98 Approving Development Agreement (Grading Only), Apollo Landing, Jim Studenski Pg. 86 -102 MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER REINERT, FOR ADOPTION OF RESOLUTION NO. 05-98, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. E) Consideration of Resolution No. 05 -102, Establishing Submittal Requirements for Comprehensive Plan Amendments, Jeff Smyser Pg. 103 -107 MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER REINERT, FOR ADOPTION OF RESOLUTION NO. 05- 102, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. F) Consideration of Resolution No. 05 -99, Authorizing Preparation of Plans and Specifications, 2005 Surface Water Management Project, Jim Studenski Pg. 108 -109 MOTION BY COUNCILMEMBER CARLSON, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05 -99, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. G) Consideration of Resolution No. 05 -100, Accepting Feasibility Study and Calling Hearing on Improvements, Lois Lane Utility Improvements, Jim Studenski Pg. 110 -119 MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER REINERT, FOR ADOPTION OF RESOLUTION NO. 05-100, SETTING THE PUBLIC HEARING FOR AUGUST 22, 2005, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. H) Lake Drive /I -35W Interchange Improvements, Michael Grochala i. Consideration of Resolution No. 05 -106, Supporting Federal Surface Transportation Funding Application, Lake Drive /I -35W Improvements Pg. 120 -122 Page 4 EXPANDED AGENDA MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO. 05-106, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. ii. Consideration of Resolution No. 05 -107, Authorizing Preparation of Final Design Plans and Specifications, Lake Drive Improvements — I35W Bridge, Michael Grochala Pg. 123 -125 MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER CARLSON, FOR ADOPTION OF RESOLUTION NO. 05- 107, AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. 7. Unfinished Business A) None. 8. New Business A) Consider minutes of June 27, 2005 Council Meeting (Stoltz absent). MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER DAHL, APPROVING THE MINUTES OF THE JUNE 27, 2005 COUNCIL MEETING AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. COUNCILMEMBER STOLTZ ABSTAINED. 9. Community Calendar, July 26, 2005 through August 8, 2005: A) Environmental Board Meeting, Wednesday, July 27, 2005, 6:30 p.m. B) Park Board Meeting, Monday, August 1, 2005, 6:30 p.m. C) Council Work Session, Wednesday, August 3, 2005, 5:30 p.m. D) EDAC Meeting, Thursday, August 4, 2005, 7:00 a.m. E) Joint City Council & Charter Commission Meeting, 6:30 p.m. F) City Council Meeting, Monday, August 8, 2005, 6:30 p.m. 10. Adjourn MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER STOLTZ, TO ADJOURN THE MEETING AT 8:02 P.M. THE MOTION PASSED UNANIMOUSLY. Page 5 Revised 07/25/05 ajb 11:00 a.m. EXPANDED AGENDA Page 6 EXPENDITURES JULY 25, 2005 Date: 07/07/2005 Time: 08:46:36 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 4788 - 4788 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000539 TARGET 1 562.76 562.76 .00 .00 001187 CONNEXUS ENERGY 1 3,345.90 3,345.90 .00 .00 001620 DEEP ROCK WATER COMPANY 1 103.59 103.59 .00 .00 002694 SEC, INC. 1 26.82 26.82 .00 .00 003390 OFFICEMAX, INC. 1 49.19 49.19 .00 .00 004788 SPRINT 1 104.79 104.79 .00 .00 Grand Totals: 6 4,193.05 4,193.05 .00 .00* Date: 07/15/2005 Time: 16:36:24 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 4795 - 4795 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Sort: N Vendor # Name Operator: pms Page: 1 Invoice Status: A # of copies: 1 Check Over Expend: N # of items Discount Net Gross Discount Lost 000016 PLAYPOWER LT FARMINGTON, INC. 000020 A & L SUPERIOR SOD CO, INC. 000031 NATIONAL ASSOC OF SCHOOL 000057 PREMIUM WATERS, INC. 000073 MCCARTHY, KELLY ANN 000082 J. H. LARSON COMPANY, INC. 000100 AID ELECTRIC SERVICE, INC. 000157 ALL SEASONS RENTAL, INC. 000177 MAIN FLORAL LTD, INC. 000179 AMEM TREASURER /ASSOC OF MN EMG MGRS 000203 WINGFOOT COMMERCIAL TIRE SYSTEMS, LLC 000210 AMERICAN FASTENER & SUPPLY, INC. 000293 WIPERS AND WIPES, INC. 000315 MCNAMERA, STEVE 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 000370 CENTRAL COMMUINICATIONS 000389 CUB FOODS 000399 ALLDATA CORPORATION 000420 ANOKA COUNTY 000486 COORDINATED BUSINESS SYSTEMS, LTD. 000500 ASSOCIATION OF TRAINING OFFICERS MN 000509 ST. CLOUD STATE UNIVERSITY 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 2 2 1 1 1 1 1 101.89 101.89 .00 .00 15.82 15.82 .00 .00 425.00 425.00 .00 .00 43.14 43.14 .00 .00 501.06 501.06 .00 .00 1,120.73 1,120.73 .00 .00 218.88 218.88 .00 .00 306.16 306.16 .00 .00 71.89 71.89 .00 .00 120.00 120.00 .00 .00 102.13 102.13 .00 .00 17.70 17.70 .00 .00 15.85 15.85 .00 .00 30.00 30.00 .00 .00 90.96 90.96 .00 .00 11.14 11.14 .00 .00 103.89 103.89 .00 .00 1,597.50 1,597.50 .00 .00 1.20 1.20 .00 .00 615.37 615.37 .00 .00 825.00 825.00 .00 .00 1,164.00 1,164.00 .00 .00 Date: 07/15/2005 Time: 16:36:24 City of Lino Lakes FM Entry - Invoice Journal Operator: pms Page: 2 Vendor # Discount Name # of items Net Gross Discount Lost 000540 AUTO- MEDICS, INC. 1 186.38 186.38 .00 .00 000541 ASPEN MILLS, INC. 5 427.67 427.67 .00 .00 000598 MINNESOTA PIPE & EQUIPMENT, INC. 1 1,622.97 1,622.97 .00 .00 000673 LANDFORM ENGINEERING COMPANY, INC. 1 1,005.00 1,005.00 .00 .00 000685 BILL'S GUN SHOP /RANGE 1 70.29 70.29 .00 .00 000722 MCDONALD BATTERY CO. 1 106.50 106.50 .00 .00 000724 BLUE TOW SERVICE, INC. 1 95.85 95.85 .00 .00 000828 JBS AUTOWORLD 1 42.27 42.27 .00 .00 000844 PRANG, MARY 1 30.00 30.00 .00 .00 000846 BREEZY POINT CONFERENCE CENTER 1 480.00 480.00 .00 .00 000849 CUSHMAN MOTOR COMPANY, INC 1 264.93 264.93 .00 .00 000852 ESRI 1 810.40 810.40 .00 .00 000853 HATHAWAY, MAY 1 47.00 47.00 .00 .00 000855 IACP CONFERENCE REGISTRATION 1 275.00 275.00 .00 .00 000857 KROEGER, HARRIET 1 47.00 47.00 .00 .00 000861 BEE LINE ALIGNMENT SERVICE 1 640.94 640.94 .00 .00 000863 MYERS TIRE - MINNEAPOLIS #28 1 57.50 57.50 .00 .00 000864 MUEHLSTEDT, KENNETH 1 123.58 123.58 .00 .00 000865 MCDONALD, CINDY 1 10.00 10.00 .00 .00 000867 MILLER ARCHITECTS & BUILDERS 1 500.00 500.00 .00 .00 000868 MEDTRONIC 1 6,455.26 6,455.26 .00 .00 000871 MONSON, MIKE 1 90.00 90.00 .00 .00 000872 PLETSCH, BARBARA 1 24.00 24.00 .00 .00 000881 ROBOTRONICS INC. 1 1,745.00 1,745.00 .00 .00 000888 JOHNSON, RICK 1 180.00 180.00 .00 .00 000896 UDEAN, DANIELLE 1 69.00 69.00 .00 .00 000897 US GYMMATS 1 4,389.80 4,389.80 .00 .00 Date: 07/15/2005 Time: 16:36:24 City of Lino Lakes FM Entry - Invoice Journal Operator: pms Page: 3 Discount Vendor # Name # of items Net Gross Discount Lost 000900 W E LAHR COMPANY 1 609.46 609.46 000930 WILLIAM G. HAWKINS & ASSOCIATES 1 15,026.50 15,026.50 000946 C. P. OFFICE PRODUCTS 2 211.02 211.02 000998 AGGREGATE INDUSTRIES, INC. 1 206.36 206.36 001040 CENTENNIAL FIRE DISTRICT 1 114,847.50 114,847.50 001043 CENTRAL LANDSCAPING, INC. 1 15,295.00 15,295.00 001044 CHOICEPOINT SERVICES, INC. 1 112.00 112.00 001095 DAHLGREN SHARDLOW AND UBAN, INC. 1 10,137.14 10,137.14 001260 ACCLAIM BENEFITS 1 144.20 144.20 001267 FAST BREAK CORNER MARKET, INC. 1 14.37 14.37 001280 DAVIES WATER EQUIPMENT CO., INC. 1 509.16 509.16 001292 DEHN OIL COMPANY, INC. 1 5,655.88 5,655.88 001339 URS CORPORATION 1 26,161.20 26,161.20 001349 E. H. RENNER & SONS, INC. 1 22,771.50 22,771.50 001380 EARL ANDERSON ASSOCIATION, INC. 2 488.90 488.90 001480 HAWKINS INC. 2 7,412.13 7,412.13 001530 FOREST LAKE FORD, INC. 1 970.90 970.90 001560 FRATTALLONE'S HARDWARE, INC. 1 101.96 101.96 001660 GOPHER BEARING COMPANY, INC. 1 147.60 147.60 001780 HAMMES, WILLIAM 1 468.92 468.92 001816 CENTER FOR ENERGY & ENVIRONMENT.INC. 1 600.00 600.00 001880 HUGO FEED MILL & ELEVATOR, INC. 2 23.29 23.29 001964 CCP INDUSTRIES, INC. 2 78.04 78.04 002112 MINNESOTA STATE TREASURER'S OFFICE 1 77.94 77.94 002175 HOKANSON PLUMBING /HEATING, INC. 1 240.00 240.00 002248 LARSON ALLEN WEISHAIR & CO., LLP 1 12,450.00 12,450.00 002270 LAKESIDE AUTO & PAINT, INC. 1 1,401.27 1,401.27 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 Date: 07/15/2005 Time: 16 :36:24 City of Lino Lakes FM Entry - Invoice Journal Operator: pms Page: 4 Discount Vendor # Name # of items Net Gross Discount Lost 002465 TRI STATE PUMP AND CONTROL, INC. 2 735.00 735.00 .00 .00 002550 MENARDS, INC. 2 287.91 287.91 .00 .00 002570 METRO COUNCIL WASTEWATER SERVICES 1 82,409.56 82,409.56 .00 .00 002836 MINNESOTA STATE TREASURER 1 7,927.22 7,927.22 .00 .00 003013 INVENTORY TRADING COMPANY, INC. 1 793.58 793.58 .00 .00 003250 XCEL ENERGY 1 6,018.02 6,018.02 .00 .00 003293 SKYHAWKS SPORTS ACADEMY, INC. 1 1,638.00 1,638.00 .00 .00 003300 NORTHWAY IRRIGATION /LANDSCAPING 1 80.00 80.00 .00 .00 003443 OTTER LAKE ANIMAL CARE CENTER, INC. 1 733.33 733.33 .00 .00 003465 VIKING ELECTRIC SUPPLY, INC. 1 133.13 133.13 .00 .00 003491 PETTY CASH 1 69.64 69.64 .00 .00 003600 PRESS PUBLICATIONS, INC. 9 1,156.62 1,156.62 .00 .00 003880 SHORT - ELLIOTT- HENDRICKSON, INC. 3 40,001.80 40,001.80 .00 .00 003882 SHRED -IT, INC. 1 54.95 54.95 .00 .00 003900 SAFETY KLEEN CORPORATION, INC. 3 246.45 246.45 .00 .00 003910 SAM'S CLUB, INC. 1 314.50 314.50 .00 .00 003990 SHOREVIEW, CITY OF 1 2,759.46 2,759.46 .00 .00 004012 SILVERA, SHAWN 1 465.08 465.08 .00 .00 004172 STATE OF MINNESOTA 1 390.00 390.00 .00 .00 004180 STATE OF MINNESOTA 1 4,888.00 4,888.00 .00 .00 004240 STREICHER'S, INC. 4 1,326.15 1,326.15 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 2 2,389.26 2,389.26 .00 .00 004350 T.K.D.A. 23 158,153.00 158,153.00 .00 .00 004410 THANE HAWK/NS POLAR CHEVROLET, INC. 1 231.50 231.50 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 1 334.00 334.00 .00 .00 004560 U S BANK 1 2,508.91 2,508.91 .00 .00 004604 MINNESOTA DEPARTMENT OF PUBLIC SAFETY 1 135.00 135.00 .00 .00 Date: 07/15/2005 Time: 16:36:25 City of Lino Lakes FM Entry - Invoice Journal Operator: pms Page: 5 Discount Vendor # Name # of items Net Gross Discount Lost 004778 SHEA, BRENDA 1 45.00 45.00 .00 .00 004840 WINNICK SUPPLY, INC. 1 198.36 198.36 .00 .00 005026 ANOKA COUNTY ATTORNEY'S OFFICE 1 155.89 155.89 .00 .00 900344 MINNESOTA GOVERNMENT FINANCE OFFICERS AS 1 200.00 200.00 .00 .00 Grand Totals: 159 580,237.21 580,237.21 .00 .00* Date: 07/15/2005 Time: 17:02:53 Operator: JAL Ranges: Options: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 4789 Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 74265 0 0 4796 Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept Amount ANOKA COUNTY ATTORNEY' AUTO- MEDICS, INC. BLUE TOW SERVICE, INC. BRANG, MARY EARL ANDERSON ASSOCIAT HATHAWAY, MAY KROEGER, HARRIET MCDONALD, CINDY MCNAMERA, STEVE MEDTRONIC METRO COUNCIL WASTEWAT MILLER ARCHITECTS & BU MINNESOTA STATE TREASU MINNESOTA STATE TREASU MUEHLSTEDT, KENNETH PLETSCH, BARBARA PRESS PUBLICATIONS, IN ROBOTRONICS INC. SHEA, BRENDA SHOREVIEW, CITY OF SHORT - ELLIOTT - HENDRICK STATE OF MINNESOTA T.K.D.A. TARGET UDEAN, DANIELLE US GYMMATS FORFEITURE DISTIBUTION 96 BLACK CHEVY TAHOE 88 RED FORD RANGER WITHDREW FROM PROGRAM 9'STREET SIGN PLATES TRIP CANCEL TRIP CANCEL OVERPAID WITHDREW FROM PROGRAM 4 LIFEPACK AEDS JUNE SAC RELEASE OF ESCROW FUNERA QUARTERLY SURCHARGE WILLIAMSON,CASADY,SIGSWO RELEASE OF ESCROW WITHDREW REZONE AND MUSA ALLOCATI MCGRUFF COSTUME/COOL DON WITHDRAWAL UTILITY BILLS SITE PLAN WELLS FARGO * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** QUARTERLY PAYMENT CONNEC * * * * * * ** APRIL 2005 PLAN AND PLA * * * * * * ** SUPPLIES * * * * * * ** WITHDREW TUMBLER FOLDING MAT (12) Total for Dept ** * * * * * * ** * * * * * * ** 0 LARSON ALLEN WEISHAIR PROGRESS BILLING - ANNUAL PROGRAM Total for Dept 200 0 0 0 74265 CUB FOODS PETTY CASH SAM'S CLUB, INC. TARGET ASST POPS PETTY CASH SUPPLIES SUPPLIES Total for Dept 205 SPECIAL SPECIAL SPECIAL SPECIAL 155.89 186.38 95.85 30.00 366.40 47.00 47.00 10.00 30.00 6,455.26 37,323.00 500.00 7,927.22 77.94 123.58 24.00 20.70 1,745.00 45.00 9.10 3,378.22 4,888.00 40,996.14 1.54 69.00 4,389.80 108,942.02* 249.00 249.00* 12.45 4.96 121.34 96.66 235.41* Date: 07/15/2005 Time: 17:02:53 Operator: JAL Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 CUB FOODS SODA YOUTH IN 91.44 O PETTY CASH PETTY CASH YOUTH IN 29.43 O SAM'S CLUB, INC. SUPPLIES YOUTH IN 24.37 0 SKYHAWKS SPORTS ACADEM SPORTS ACADEMY YOUTH IN 1,638.00 0 U S BANK JUNE CREDIT CARD YOUTH IN 348.00 Total for Dept 207 2,131.24* O PETTY CASH PETTY CASH YOUTH SP 19.71 74265 TARGET SUPPLIES YOUTH SP 39.32 Total for Dept 208 59.03* 0 MAIN FLORAL LTD, INC. FLOWERS /BABY BIRTHS MAYOR /CO 71.89 74265 TARGET SUPPLIES MAYOR /CO 61.49 O TIMESAVER OFF -SITE SEC COUNCIL WORK SESSION MAYOR /CO 334.00 O U S BANK JUNE CREDIT CARD MAYOR /CO 637.00 Total for Dept 401 1,104.38* 0 ACCLAIM BENEFITS FSA ACCT ADMIN ADMINIST 144.20 O CHOICEPOINT SERVICES, DRUG TEST ADMINIST 112.00 0 PREMIUM WATERS, INC. WATER ADMINIST 43.14 74264 SPRINT MONTHLY SERVICE /JUNE ADMINIST 104.79 0 U S BANK JUNE CREDIT CARD ADMINIST 457.96 Total for Dept 402 862.09* 0 LARSON ALLEN WEISHAIR PROGRESS BILLING - ANNUAL FINANCE 5,478.00 0 MINNESOTA GOVERNMENT F ANNUAL CONFERENCE FINANCE 200.00 O PRESS PUBLICATIONS, IN STATEMENT OF REVENUE FINANCE 972.90 Total for Dept 407 6,650.90* 0 WILLIAM G. HAWKINS & A JUNE LEGAL LEGAL CO 15,026.50 Total for Dept 414 15,026.50* 0 FRATTALLONE'S HARDWARE SUPPLIES ECONOMIC 5.10 0 LANDFORM ENGINEERING C MASTER PLAN REVISIONS ECONOMIC 1,005.00 0 U S BANK JUNE CREDIT CARD ECONOMIC 278.00 Total for Dept 415 1,288.10* 0 ESRI ARCVIEW SINGL USE PRIMAR PLANNING 405.20 0 PRESS PUBLICATIONS, IN AMEND SIGN ORD PLANNING 20.70 74265 TARGET SUPPLIES PLANNING 10.00 Total for Dept 416 435.90* 0 T.K.D.A. MAY GENERAL MEETINGS ENGINEER 25,817.51 Total for Dept 417 25,817.51* 0 AMEM TREASURER /ASSOC 0 CONFERENCE REGISTRATION POLICE 120.00 0 ASPEN MILLS, INC. RESERVE UNIFORM SUPPLIES POLICE 427.67 0 ASSOCIATION OF TRAININ FIREARMS INSTRUCTION POLICE 825.00 0 BILL'S GUN SHOP /RANGE RANGE USE POLICE 70.29 0 BREEZY POINT CONFERENC ASSOC MN EMERGENCY MANG POLICE 480.00 Date: 07/15/2005 Time: 17:02:53 Operator: JAL Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name 0 0 74260 0 0 0 0 0 0 0 0 0 74262 0 0 0 0 0 0 74265 Description Dept Amount C. P. OFFICE PRODUCTS CENTRAL COMMUINICATION CONNEXUS ENERGY FAST BREAK CORNER MARK HAMMES, WILLIAM IACP CONFERENCE REGIST INVENTORY TRADING COMP JBS AUTOWORLD MCCARTHY, KELLY ANN MINNESOTA DEPARTMENT 0 MONSON, MIKE NATIONAL ASSOC OF SCHO OFFICEMAX, INC. OTTER LAKE ANIMAL CARE SHRED -IT, INC. SILVERA, SHAWN ST. CLOUD STATE UNIVER STATE OF MINNESOTA STREICHER'S, INC. TARGET PENS, PAPER, ENVELOPES, JULY WARRANTY PER VRM MONTHLY SERVICE /JUNE CAR WASHES CONFERENCE COSTS CONFERENCE REGISTRATION SHIRTS VOLUNTEER GRANT CAR WASHES REIMBURSE FOR GRADUATE C INTOXILYZER RECERTIFICAT POST LICENCE REIMBURSEME SCHOOL RESOURCE OFFICER SUPPLIES JUNE SERVICE SHREDDING TUITION REIMBURSEMENT SI LAW ENFORCEMENT DAY -FOUR CONNECT CHARGES CARBINE MAGS SUPPLIES Total for Dept 420 0 CENTENNIAL FIRE DISTRI QUARTERLY PAYMENT Total for Dept 421 0 T.K.D.A. 0 0 74260 0 0 0 74263 0 0 0 0 0 0 0 0 0 0 0 0 0 POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE FIRE MAY GEN BLDG PERMIT REVI BUILDING Total for Dept 422 A & L SUPERIOR SOD CO, AGGREGATE INDUSTRIES, CONNEXUS ENERGY EARL ANDERSON ASSOCIAT FRATTALLONE'5 HARDWARE JOHNSON, RICK SEC, INC. T.A. SCHIFSKY AND SONS SOD ROLLS WINTER SAND MONTHLY SERVICE /JUNE 9" STREET SIGN PLATES SUPPLIES 2 DEER CALLS MONTHLY SERVICE /JULY ASPHALT Total for Dept 430 ALLDATA CORPORATION AMERICAN FASTENER & SU BEE LINE ALIGNMENT SER CUSHMAN MOTOR COMPANY, DEHN OIL COMPANY, INC. FOREST LAKE FORD, INC. QUARTERLY RODS ALIGNMENT SEALS GASOHOL /DIESEL OIL, COMPRESSOR, STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS UPDATE FLEET FLEET 75 STEP VAN FLEET FLEET FLEET SHAFT&B FLEET HUGO FEED MILL & ELEVA RING FLEET MCDONALD BATTERY CO.. BATTERIES FLEET MYERS TIRE - MINNEAPOL PATCH REPAIR SEALER /CLEA FLEET THANE HAWKINS POLAR CH REGULATOR, WIRE KIT , GA FLEET W E LAHR COMPANY PARTS FLEET WINGFOOT COMMERCIAL TI LOOSE TIRES FLEET 195.49 11.14 21.31 14.37 468.92 275.00 793.58 42.27 501.06 135.00 90.00 425.00 49.19 733.33 54.95 465.08 1,164.00 390.00 1,326.15 296.96 9,375.76* 114,847.50 114,847.50* 2,765.20 2,765.20* 15.82 206.36 781.90 122.50 17.02 180.00 8.94 2,389.26 3,721.80* 1,597.50 17.70 640.94 264.93 5,655.88 970.90 3.62 106.50 57.50 231.50 609.46 102.13 Date: 07/15/2005 Time: 17:02:53 Operator: JAL Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name 0 0 0 0 74260 0 74261 0 0 0 0 0 0 0 0 0 0 0 Description Dept Total for Dept 431 AID ELECTRIC SERVICE, AMERIPRIDE LINEN /APPAR C. P. OFFICE PRODUCTS CENTER FOR ENERGY & EN CONNEXUS ENERGY COORDINATED BUSINESS S DEEP ROCK WATER COMPAN FRATTALLONE'S HARDWARE GOPHER BEARING COMPANY HOKANSON PLUMBING /HEAT J. H. LARSON COMPANY, LAKESIDE AUTO & PAINT, PETTY CASH SAM'S CLUB, INC. U S BANK WINNICK SUPPLY, INC. WIPERS AND WIPES, INC. XCEL ENERGY BALLASTS Supplies REFILL, GEL FOLLOW UP INSPECTION MONTHLY SERVICE /JUNE MAINTENANCE CONTRACT MONTHLY SERVICE /JUNE SUPPLIES BELTS REPLACED ZURN GASKET OCTRON /FLOURIDE GOVERNME GOVERNME GOVERNME FOR GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME SQUAD 317 /DEER COLLISION GOVERNME PETTY CASH SUPPLIES JUNE CREDIT CARD PARTS PRO FLAT DUSTER SERVICE Total for Dept 432 O ALL SEASONS RENTAL, IN RENTAL READY MIX 74260 CONNEXUS ENERGY MONTHLY SERVICE /JUNE O FRATTALLONE'S HARDWARE SUPPLIES O HUGO FEED MILL & ELEVA TANK, VALVE O NORTHWAY IRRIGATION /LA SPRINKLER HEAD O PLAYPOWER LT FARMINGTO RUBBER CASTING 74265 TARGET SUPPLIES Total for Dept 450 0 74265 0 SAM'S CLUB, INC. TARGET U S BANK SUPPLIES SUPPLIES JUNE CREDIT CARD Total for Dept 451 GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME PARKS PARKS PARKS PARKS PARKS PARKS PARKS RECREATI RECREATI RECREATI O ESRI ARCVIEW SINGL USE PRIMAR ENVIRONM O PRESS PUBLICATIONS, IN NOTICE OF MEETING CANCEL ENVIRONM Total for Dept 461 O SAFETY KLEEN CORPORATI OIL SERVICE Total for Dept 462 74260 0 0 0 0 0 0 CONNEXUS ENERGY DAVIES WATER EQUIPMENT FRATTALLONE'S HARDWARE HAWKINS INC. LARSON ALLEN WEISHAIR MENARDS, INC. MINNESOTA PIPE & EQUIP MONTHLY SERVICE /JUNE HYDRANT MARKER SUPPLIES BUSHING PVC PROGRESS BILLING - ANNUAL CEDAR POSTS MARKING PAINT SOLID WA WATER WATER WATER WATER WATER WATER WATER Amount 10,258.56* 218.88 90.96 15.53 600.00 1,078.96 615.37 103.59 25.21 147.60 240.00 1,120.73 1,401.27 10.54 134.36 266.14 39.35 15.85 6,018.02 12,142.36* 306.16 42.88 45.28 19.67 80.00 101.89 12.75 608.63* 34.43 20.69 521.81 576.93* 405.20 13.80 419.00* 246.45 246.45* 1,013.10 509.16 9.35 7,412.13 1,245.00 212.00 1,622.97 Date: 07/15/2005 Time: 17:02:53 Operator: JAL Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name 0 74263 0 74265 0 0 74260 0 0 0 74263 0 74265 0 0 0 0 0 0 0 0 0 0 0 0 Description Dept Amount PETTY CASH SBC, INC. SHOREVIEW, CITY OF TARGET WINNICK SUPPLY, INC. PETTY CASH MONTHLY SERVICE /JULY UTILITY BILLS SUPPLIES PARTS Total for Dept 494 CCP INDUSTRIES, INC. CONNEXUS ENERGY LARSON ALLEN WEISHAIR MENARDS, INC. METRO COUNCIL WASTEWAT SBC, INC. SHOREVIEW, TARGET TRI STATE PUMP AND CON VIKING ELECTRIC SUPPLY WINNICK SUPPLY, INC. CITY OF NYLON GLOVE MONTHLY SERVICE /JUNE PROGRESS BILLING - ANNUAL PALLET JUNE SAC MONTHLY SERVICE /JULY UTILITY BILLS SUPPLIES 6024954300000 OVAC PARTS Total for Dept 495 ANOKA COUNTY PROPERTY TAX CENTRAL LANDSCAPING, I BIRCH ST & HODGSON ROAD DAHLGREN SHARDLOW AND E. H. RENNER & SONS, I LARSON ALLEN WEISHAIR PRESS PUBLICATIONS, IN SHORT - ELLIOTT - HENDRICK T.K.D.A. URS CORPORATION PROFESSIONAL SERVICES PAYMENT NO. 2, WELL NUMB PROGRESS BILLING - ANNUAL LAKE DR IMPROVEMENT OTHER FINAL DESIGN /BIDDING LEG OTHER MAY WEST SHADOW LAKE DIR OTHER WATER 5.00 WATER 13.41 WATER 2,023.05 WATER 12.71 WATER 110.47 14,188.35* SEWER 78.04 SEWER 407.75 SEWER 1,245.00 SEWER 75.91 SEWER 45,086.56 SEWER 4.47 SEWER 727.31 SEWER 10.64 SEWER 735.00 SEWER 133.13 SEWER 48.54 48,552.35* OTHER 1.20 OTHER 15,295.00 OTHER 10,137.14 OTHER 22,771.50 OTHER 4,233.00 128.52 36,623.58 88,574.15 OTHER 26,161.20 203,925.29* AUAR Total for Dept 499 Grand Total 584,430.26* Centennial Fire District Check Register 7/18/2005 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 7/14/2005 14797 7/14/2005 14798 7/14/2005 14799 7/14/2005 14800 7/14/2005 14801 7/14/2005 14802 7/14/2005 14803 7/14/2005 14804 7/14/2005 14805 7/14/2005 14806 7/14/2005 14807 7/14/2005 14808 7/14/2005 14809 7/14/2005 14810 7/14/2005 14811 7/14/2005 14812 7/14/2005 14813 7/14/2005 14814 7/14/2005 14815 Aspen Mills Barna, Guzy & Steffen, Ltd. City of Lino Lakes Frattallone's Hardware Inventory Trading Company Janet Haapoja McLeod USA Metrocall Milo Bennett Nextel Pat Devaney Qwest Xcel Energy Janet Haapoja Milo Bennett Paper Direct Postmaster Viking Office Products David Bruder ACCOUNT AMOUNT 42120 - Uniform Expense 91.00 42170 - Legal Expense 76.00 41000 - Payroll Expense 52,793.74 42230 - Cleaning Supplies Expense 173.55 42280 - Miscellaneous Expense 518.01 42190 - Fire Prevention Supplies 66.60 42240 - Telephone 361.62 42240 - Telephone 81.74 42180 - Office Supplies Expense 98.48 42240 - Telephone 142.26 42100 - Fuel and Lube 50.71 42240 - Telephone 187.90 42254 - Station 2 - Electric 673.56 45010 - Safety Camp Expense 39.00 45010 - Safety Camp Expense 16.17 45010 - Safety Camp Expense 195.84 45010 - Safety Camp Expense 37.00 45010 - Safety Camp Expense 109.99 42100 - Fuel and Lube 94.66 55,807.83 AGENDA ITEM 3A STAFF ORIGINATOR: Ann J. Blair, City Clerk MEETING DATE: July 25, 2005 TOPIC: Consider Adoption of Resolution No. 05 -110 Approving Parade Permit Application for Blue Heron Days, August 20, 2005. VOTE REQUIRED: (3 / 5) Simple Majority BACKGROUND: The "Blue Heron Days" Committee are moving forward with plans for a second annual community festival to take place the weekend of August 20, 2005. The Blue Heron Days parade is scheduled to take place the morning of Saturday, August 20, 2005. On January 24, 2005 the Council approved Resolution No. 05 -04 expressing support for a parade along Lake Drive on August 20, 2005 in conjunction with this event. On July 12, 2005, the Anoka County Board approved closing of Lake Drive for the parade. This approval is contingent upon the parade organizers working with the County Engineer to facilitate the necessary detour. The parade will travel northeasterly along Lake Drive, with its initial staging area occurring in the SuperTarget parking lot. This will require temporary closure of a portion of Lake Drive, which is a County road. The parade will end at James Street. This is the same parade route as was used in 2004 for this event. The next step in the process is for City approval of the permit application, which is conditioned upon applicant successfully working with the County Engineer on the detour, and upon ongoing safety, signage, and related concerns being addressed. The attached Resolution No. 05 -110 accomplishes this. OPTIONS: 1. Approve Resolution No. 05 -110 Authorizing Blue Heron Days Parade Pei nit. 2. Deny Resolution No. 05 -110. 3. Return to staff for further consideration. RECOMMENDATION: Option 1 WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, COUNTY OF ANOKA CITY OF LINO LAKES RESOLUTION NO. 05 -110 APPROVING PARADE PERMIT APPLICATION FOR SECOND ANNUAL "BLUE HERON DAYS" PARADE ON AUGUST 20, 2005 the Lino Lakes City Council met at its regularly scheduled meeting of July 25, 2005; and the Lino Lakes City Council discussed the parade permit application for a parade along Lake Drive on August 20, 2005 which has been submitted by the Blue Heron Days Committee; and the Blue Heron Days Committee is in compliance with City Ordinance; and the Blue Heron Days Committee appears to take into consideration the best interest of the City of Lino Lakes, and the application requires approval by the City of Lino Lakes, and the application also requires approval by the County of Anoka, and WHEREAS, the application was given approval by the Anoka County Board on July 12, 2005, subject to continuing to work with the County Engineer; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves the parade permit application by the Blue Heron Days Committee, subject to ongoing efforts to ensure proper safety, signage, and related issues are addressed to the satisfaction of the City of Lino Lakes and Anoka County; Approved by the City Council of the City of Lino Lakes this _thth day of July, 2005. John J. Bergeson, Mayor ATTEST: Ann J Blair, City Clerk AGENDA ITEM 4A STAFF ORIGINATOR: David J. Pecchia, Chief of Police DATE July 25, 2005 TOPIC National Night Out, August 2, 2005 VOTES REQUIRED: Simple Majority r BACKGROUND L National Night Out was designed to heighten crime and drug prevention awareness, generate support and participation in local anticrime efforts, strengthen neighborhood spirit and police - community relations and send a message to criminals letting them know their neighborhoods are organized and fighting back. Residents lock their doors, turn on their outside lights from 6:00 pm to 9:00 pm and get together with their neighbors. National Night Out is for all neighborhoods and businesses in Lino Lakes, not just established neighborhood watch groups. Staff is requesting that council acknowledge and read the attached proclamation in our support of designating August 2, 2005 as National Night Out in the City of Lino Lakes. r I OPTIONS L I 1. Motion to Approve 2. Motion to Deny r I (RECOMMENDATION L OPTION 1 - Approve support of National Night Out Chief Pecchia announces that National Night Out is August 2, 2005. Please join the citizens of Lino Lakes in recognizing National Night Out. PROCLAMATION NATIONAL, NIGHT OUT 2005 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide crime, drug and violence prevention program on August 2nd, 2005 entitled "National Night Out'; and WHEREAS, the "22nd Annual National Night Out" provides a unique opportunity for the City of Lino Lakes to join forces with thousands of other communities across the country in promotion cooperative, police - community crime prevention efforts; and WHEREAS, it is essential that all citizens of the City of Lino Lakes be aware of the importance of crime prevention programs and impact that their participation can have on reducing crime, drugs and violence in the City of Lino Lakes; and WHEREAS, police- community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program; NOW, THEREFORE, We, the Lino Lakes City Council, do hereby call upon all citizens of the City of Lino Lakes to join the Lino lakes Police Department and the National Association of Town Watch in supporting the "22' Annual National Night Out" on August 2, 2005. FURTHER, LET IT BE RESOLVED THAT, We the Lino Lakes City Council do hereby proclaim Tuesday, August 2, 2005 as "National Night Out" in the City of Lino Lakes. Ann Blair, City Clerk John Bergeson, Mayor STAFF ORIGINATOR: COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 5A Rick DeGardner, Public Services Director July 25, 2005 Resolution No. 05 -101, Accepting Bids and Awarding a Contract, Water Tower #2 Reconditioning Project VOTE REQUIRED: Simple Majority BACKGROUND: Sealed bids were received and publicly opened at 10:00 am on July 14, 2005. The results of the bid opening are presented below. City Council action is required to award a construction contract to the lowest responsible bidder. Contractor TMI Coatings Classic Protective Coatings Tenyer Coatings Base Bid $307,200 $437,675 $514,100 Engineer's Estimate $ 324,100 Alternate #1 $10,000 $19,225 $16,000 $10,000 Total Bid $317,200 $456,900 $530,000 $334,100 Alternate #1 is to remove the existing hand rail and antenna support structures and replace with a new handrail /antenna support system. The low bid is approximately 5% under the Engineer's Estimate for this project. A copy of the complete bid tabulation is attached. The substantial completion date for this project is October 7, 2005 with final completion by November 4, 2005. Funding for this project is the Water Operating Fund. OPTIONS: 1. Adopt Resolution No. 05 -101, Accepting Bids and Award a Construction Contract to TMI Coatings for the Water Tower #2 Reconditioning Project with a total project cost of $317,200. 2. Do not adopt Resolution No. 05 -101. 3. Return to staff for further review. RECOMMENDATION: Option No. 1 CITY OF LINO LAKES RESOLUTION NO. 05 -101 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT FOR THE WATER TOWER #2 RECONDITIONING PROJECT WHEREAS, pursuant to an advertisement for bids for the Water Tower #2 Reconditioning Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor Base Bid Alternate #1 Total Bid TMI Coatings $307,200 $10,000 $317,200 Classic Protective Coatings $437,675 $19,225 $456,900 Tenyer Coatings $514,100 $16,000 $530,000 Engineer's Estimate $324,100 $10,000 $334,100 AND WHEREAS, it appears that TMI Coatings is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with TMI Coatings in the name of the City of Lino Lakes for the Water Tower #2 Reconditioning Project, according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council this 25th day of July, 2005. John J. Bergeson, Mayor Ann J. Blair, City Clerk AGENDA ITEM 5B STAFF ORIGINATOR: Rick DeGardner, Public Services Director COUNCIL MEETING DATE: July 25, 2005 TOPIC: Resolution No. 05 -103, Authorizing Expenditures For Civic Complex Energy Improvements VOTE REQUIRED: Simple Majority BACKGROUND: Earlier this year, an inspection of the civic complex's building envelope was conducted using infrared thermography and airflow tracer smoke. Significant air leakage and heat loss were confirmed at the roof -wall joints and penetrations in the exterior walls around the buildings. Several corrective measures were recommended to improve the exterior shell of the civic complex. City staff has performed the air - sealing of accessible areas at the perimeter of the wall joints and window sills. The remaining work needs to be completed by qualified air barrier contractors. This includes application of polyurethane foam at the roof - wall joints and gable ends within the City Hall, Police Department and ECFE buildings. Staff has secured the following quotes: Industrial Coatings Co., Inc. Energy Savers Insulation $15,685.00 $28,760.00 The Center For Energy and Environment (CEE) has reviewed the quotes and is recommending that we enter into an agreement with Industrial Coatings Co., Inc. for the work specified. We anticipate retaining CEE to inspect the work following completion to ensure that all sealing work was properly installed and within specific parameters as indicated in CEE's report dated February 28, 2005. OPTIONS: 1. Adopt Resolution No. 05 -103, Authorizing Expenditure of Funds For Civic Complex Energy Improvements. 2. Do not adopt Resolution No. 05 -103. 3. Return to staff for further review. RECOMMENDATION: Option No. 1 CITY OF LINO LAKES RESOLUTION NO. 05 -103 RESOLUTION AUTHORIZING EXPENDITURES FOR CIVIC COMPLEX ENERGY IMPROVEMENTS WHEREAS, an inspection of the civic complex's building envelope was conducted using infrared thermography and airflow tracer smoke. Significant air leakage and heat loss were confirmed at the roof -wall joints and penetrations in the exterior walls around the buildings; and WHEREAS, several corrective measures were recommended to improve the exterior shell of the civic complex. City staff has performed the air - sealing of accessible areas at the perimeter of the wall joints and window sills. The remaining work needs to be completed by qualified air barrier contractors: and WHEREAS, two quotes were secured: Industrial Coatings Co., Inc. Energy Savers Insulation $15,685.00 $28,760.00 WHEREAS, Industrial Coatings Co., Inc. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA THAT city staff is authorized to enter into a contract with Industrial Coatings Co., Inc. for the civic complex energy improvements. Adopted by the Lino Lakes City Council this 25th day of July, 2005. John J. Bergeson, Mayor Ann J. Blair, City Clerk AGENDA ITEM 6A STAFF ORIGINATOR: Mary Alice Divine DATE: 7/25/05 TOPIC: Public Hearing: Consideration of approving a Tax Abatement for the Chain of Lakes YMCA VOTE REQUIRED: 3/5 BACKGROUND: On June 27, 2005 the City Council called for a public hearing to consider providing a business subsidy with tax abatement as a source of funding for its commitment of $1.5 million toward construction of the YMCA. This is a commitment that dates back to a 1999 agreement to partner with the YMCA to bring a facility to Lino Lakes. The YMCA is anticipating beginning construction this fall in the Legacy at Woods Edge development, with a completion target in the fall of 2006. Springsted, the city's financial consultant, and Kennedy & Graven, the city's bond consultant, have analyzed various methods of meeting this commitment and are recommending the use of tax abatement and the issuance of tax abatement bonds for a 15 -year term as the most appropriate method for financing this commitment. Issuance of abatement bonds produce the lowest interest rate possible, is a simple transaction compared to other options, and the abatement levy is offset by growth anticipated in the Legacy at Woods Edge project. Tax abatement is not an actual abatement of taxes. Using tax abatement permits a levy of taxes to be used for development purposes. In this case, properties have been identified in the new Legacy at Woods Edge development (outside of TIF District No. 1 -11) totaling approximately $60 million in residential and commercial property taxes as the source of the property taxes to meet the tax abatement bond obligations. The City of Lino Lakes adopted a Tax Abatement Policy in 2001. The objectives for using tax abatement include providing assistance in the Town Center, encouraging additional unsubsidized private "spin off" development in the area, and fulfilling defined city objectives such as those identified in the Comprehensive Plan. This project meets the goals and objectives of the policy. Springsted reviewed the use of tax abatement with the city's Economic Development Advisory Committee (EDAC). The committee voted 7 -0 to recommend the financing of the $1.5 million for the YMCA project through the issuance of G.O. Tax Abatement Bonds. Providing a tax abatement to cover the costs associated with the city's partnership with the YMCA, and the provision of land to the YMCA, is considered a business subsidy under the Minnesota Business Subsidy Act. The city council updated its Business Subsidy Criteria in 2003. The goals and objectives in granting business subsidies include projects consistent with the Comprehensive Plan, ones that meet a public purpose, (in this case providing access to a high quality recreational facility to city residents) and stimulate increases in taxable market value and increases in employment. After closing the public hearing, the city council will consider two resolutions. The first resolution approves the use of tax abatement for the YMCA facility. The second resolution approves a business subsidy to the YMCA and outlines the public purposes of the subsidy to further the city's recreational programs. The goals that must be met by the YMCA include completion of the facility by April 1, 2007, meeting the use covenants for the residents of Lino Lakes, and maintaining a teen center. OPTIONS: 1. Open the public hearing 2. Continue the public hearing RECOMMENDATION: Option 1 CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 05 -104 RESOLUTION APPROVING PROPERTY TAX ABATEMENT RELATED TO YMCA FACILITY BE IT RESOLVED by the City Council (the "Council ") of the City of Lino Lakes, Minnesota (the "City ") as follows: Section 1. Recitals. 1.01. 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 1.02. 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 16, 2005 (the "Development Agreement "). The Development Agreement describes the parties' respective responsibilities in the construction and operation of a recreational facility in the City (the "Facility ") to be located on property (the "Site ", as legally described in the Development Agreement) within a larger development known as the "Legacy at Woods Edge;" and 1.03. Under the Development Agreement, the City has agreed, among other things, to contribute $1,500,000 toward construction of the Facility; and 1.04. 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 1.05. 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 1.06. 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. 1.07. The City has identified certain property located near the Site and within the Legacy at Woods Edge development, described in Exhibit a hereto (the "Abatement Parcels "), from which the City proposes to collect a portion of the City's share of taxes and pledge those revenues to pay principal and interest on bonds to be issued by the City in a maximum principal amount of $1,700,000 (the "Abatement Bonds "). SJB- 247359v1 GR220 -63 -25- 1.08. On July 25, 2005 the Council conducted a duly noticed public hearing on the Abatement at which the views of all interested persons were heard. Section 2. Findings. 2.01. It is hereby found and determined that the benefits to the City from the Abatement will be at least equal to the costs to the City of the Abatement, because (a) the Abatement will help fmance the Facility, which will help the City carry out its recreational programs under the Recreation Act and provide access to these important services by City residents, (b) if the City were required to finance the entire facility as a municipal recreation center, the costs to the City would far exceed the amount provided through the Abatement described in this resolution; (c) the Facility will help stimulate the development of the Abatement Parcels and the Legacy at Woods Edge development as a whole, (d) the City taxes expected to be collected from the Abatement Parcels are expected to exceed the amount of the Abatement to be collected from the those parcels during the term of this resolution; and (e) the long term tax collections from the Abatement Parcels after the term of this resolution will far exceed the amount of Abatement collected hereunder. 2.02. It is hereby found and determined that the Abatement is in the public interest for the reasons described in Sections 2.01 and 2.03. 2.03. It is further specifically found and determined that the Abatement is expected to result in the following public benefits: (a) Help finance the Facility. (b) Provide access to a high quality recreational facility to City residents, which would not otherwise be financially feasible. (c) Stimulate significant increases in taxable market value of the Abatement Parcels. (d) Implement the City's long -tern plans for the Legacy at Woods Edge development. (e) Stimulate increases in employment in the City. 2.04. The maximum principal amount of Abatement Bonds to be secured by Abatements under this resolution does not exceed the estimated sum of Abatement from the Abatement Parcels for the term authorized under this resolution. 2.05. The Facility financed with proceeds of the Abatement Bonds will benefit the Abatement Parcels, as those parcels are in the immediate vicinity of the Facility and residents of expected housing development on the Abatement Parcels will have easy access to use of the Facility. Section 3. Actions Ratified; Abatement Approved. 2 - 2 6 - 3.01. The Council hereby ratifies all actions of the City's staff and consultants in arranging for approval of this resolution in accordance with the Act. 3.02. Subject to the provisions of the Act, the Abatement is hereby approved and adopted subject to the following terms and conditions: (a) The term "Abatement" means a portion of the City's share of the real property taxes generated from the improvements on the Abatement Parcels, in the amounts described in this Section: (i) The annual Abatement collected by the City in any calendar year will not exceed 105 % of the of debt service on the Abatement Bonds (as defined in Section 1.07 hereof) due and payable on August 1 of the year in which the Abatement is collected and on the next following February 1. (ii) Notwithstanding anything to the contrary herein, the Abatement collected by the City on any August 1 and subsequent February 1, combined, will not exceed the amount produced by extending the City's total tax rate for the applicable year against the tax capacity of improvements on the Abatement Parcels, excluding the tax capacity of the land and the tax capacity attributable to the areawide tax under Minnesota Statutes, Chapter 473F, as of January 2 in the prior year. (iii) In accordance with Section 469.1813, subdivision 8 of the Act, in no year shall the Abatement, together with all other abatements approved by the City under the Act and paid in that year exceed the greater of 10% of the City's levy for that year or $200,000 (the "Abatement Cap "). The City may grant any other abatements permitted under the Act after the date of this resolution, provided that to the extent the total abatements in any year exceed the Abatement Cap, the allocation of Abatement Cap to such other abatements is subordinate to the Abatements under this Agreement. (b) The City will collect the Abatement in tax collection years 2008 through 2022, and will pledge those revenues to principal and interest on the Abatement Bonds and any bonds issued to refund the initial Abatement Bonds. The pledge of Abatement will be further reflected in the resolution awarding sale of the Abatement Bonds (and any refunding bonds). (c) In accordance with Section 469.1814, subd. 4 of the Act, the amount of Abatement is not subject to periodic review by the City; provided that the actual amounts of Abatement will be determined only upon issuance of the Abatement Bonds and any refunding bonds, which final determination will not constitute a modification of the Abatement amount. - 2 7 - (d) In accordance with Section 469.1815 of the Act, the City will add to its levy in each year during the term of the Abatement the total estimated amount of current year Abatement granted under this resolution. Approved by the City Council of the City of Lino Lakes, Minnesota this 25th day of July, 2005. Attest: City Clerk 4 - 2 8 - Mayor EXHIBIT A Abatement Parcels Outlot E and Lot 2, Block 1, The Village No. 3, according to the recorded plat thereof, Anoka County, Minnesota 5 - 2 9 - THE V11..1,..,1� E NO. 3 / / / / /' / / / / / I , �... r N- maw rl. n 0. w 1010 / / / ..r- --r-- 6 N / t / l tit 6 /F / ' S Z / / e ,..."I\ . t / / 1 o�. / / h //{ / , % (° / 4. /4.. z1 / L ' p• • / .y.,. / t �' o. / r..`Z• it' a /Zf, // "I /,�•(J / ,1010 �r uo / v'1.1.1E K,. /,p` ' , / / y1LAC>S DRIVE ' /' to ..... .._.. -"/ „000.0.....)c..........,,:.:.. ,.z...yt, / / /L, �+ti / /:1 , / , :) ,,V./ /:�t // / , . / u / o 2 ” /ti owe aui -r ( city or Lino Lakes county or Anoka Section 11, 731, R22 a 0 Z 0 CL W maw y5- ssD1T 3 OP 3 ac=n t 1y , 411. n. M A 1.a tes+ 1.n.4...A.waw ._4.1 . - - 2 -- 11~ , . ! .4.,,,,,,,,..... .4.,,,,,,,,..... � - 6 �' Y u6 ~ - • , - N3 A. 11 t o li ♦1 A... 11 a, -`....... 4' U \ - - s gi } I, . 2 1 I rN— ® coons mOU/. court. uo,urr, • WIND eu.o we• uo.0rx, 0.0•®33 ■■•10 Dflana •04e.a.30405 OM..M >e MD RATE DI wool DOOM 11104T-Or-A093 Dmn.1m m 000• mown • a 0•.l. 31... 0•r .,1 Yawn . 0•.7-. * be .1 Wu. «w. NR: ow., "r", KI%tai..4.. t). V. NN [0•l Y0•NW UM" M YN ,. —w`•• 31....0 a •••• r..N. b..... I. ow*.. w.., N saooe.rc 1 1 N<LL n: r:.nwn r•wr iN .� �w..rr1aw ••K rAtia GRAPHIC SCALE Tszszif NORTH 8 4. RUD 4 &ON. , INC. Land 133•vuyoro 4 : •W.�rasar.IMr'n'aon- rDKYl1, -L.D 0.i/t103 1 «.1 *0 RI rAlt 6NErr3OF3€ CITY OF LINO LAKES RESOLUTION NO. 05 -105 RESOLUTION APPROVING A BUSINESS SUBSIDY AGREEMENT BETWEEN THE CITY OF LINO LAKES AND YMCA OF GREATER SAINT PAUL BE IT RESOLVED By the City Council ( "Council ") of the City of Lino Lakes, Minnesota ( "City ") as follows: Section 1. Recitals. 1.01. Under Minnesota Statutes, Sections 471.15 to 471.191 (the "Recreation Act "), 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. 1.02. In furtherance of a cooperative program under the Recreation Act the City and the YMCA have entered into a certain Development Agreement (the "Development Agreement "), which specifies the parties' anticipated responsibilities regarding the development and financing of a facility that includes a teen center, gym, indoor pool, cardiovascular /strength training area, aerobic studio, family program space and Kids Stuff (the "Facility "). 1.03. The Facility will be constructed by the YMCA on land currently owned by the City (the "Site "). 1.04. The Development Agreement contemplates, among other things, that the City will convey or lease the Site to the YMCA without cost to the YMCA, and further that the City will contribute $1,500,000 in funds toward construction of the Facility, all subject to the terms of definitive agreements to be entered into by the parties. 1.05. The City expects to finance its financial contribution through issuance of bonds (the "Abatement Bonds ") secured by property tax abatements under Minnesota Statutes, Sections 469.1812 to 469.1815 (the "Abatement Act "). 1.06. In connection with issuance of the Abatement Bonds, the City also intents to approve a resolution granting a property tax abatement under the Abatement Act (the "Abatement Resolution ") for certain property that is adjacent to and benefits from the Facility. 1.07. The City also expects to finance additional costs of the Facility through issuance of so- called qualified 501(c)(3) revenue bonds (the "Revenue Bonds "). 1.08. While the Facility will be operated in part as a cooperative effort with the City under the Recreation Act, the City has determined that its contribution of land and City funds to the YMCA constitutes a business subsidy within the meaning of Minnesota Statutes, Section 116J.993 to 116J.995 (the "Business Subsidy Act "). SJB- 265623v1 LN 140 -90 -31- 1.09. The City has determined that amounts paid from proceeds of the Revenue Bonds do not consitute a business subsidy, under Section 116J.993, Subd. 3(14) of the Business Subsidy Act. 1.10. The parties have determined to finalize the financial agreements between them regarding the Facility in part through a business subsidy agreement (the "Subsidy Agreement ") in accordance with the Business Subsidy Act. 1.11 On this date, the City Council held a duly notice public hearing regarding the Subsidy Agreement. Section 2. City Approval; Further Proceedings. 2.01. The Subsidy Agreement as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Administrator, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Administrator are hereby authorized to execute on behalf of the City the Subsidy Agreement and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. Approved by the City Council of the City of Lino Lakes, Minnesota this 25th day of July, 2005. ATTEST: City Clerk SJB- 253373v1 LN I40 -80 2 - 3 2 - Mayor Third Draft July 18, 2005 BUSINESS SUBSIDY AGREEMENT THIS AGREEMENT, made as of the day of , 2005, by and between the CITY OF LINO LAKES (the "City ") and the YMCA OF GREATER SAINT PAUL ( "YMCA ") RECITALS WHEREAS, under Minnesota Statutes, Sections 471.15 to 471.191 (the "Recreation Act "), 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 have entered into that certain Development Agreement dated June 16, 2005 (the "Development Agreement "), which specifies the parties' anticipated responsibilities regarding the development and financing of a facility that includes a teen center, gym, indoor pool, cardiovascular /strength training area, aerobic studio, family program space and Kids Stuff (the "Facility "); and WHEREAS, the Facility will be constructed by the YMCA on land currently owned by the City, described in Exhibit A hereto (the "Site "); and WHEREAS, the Development Agreement contemplates, among other things, that the City will convey or lease the Site to the YMCA without cost to the YMCA, and further that the City will contribute $1,500,000 in funds toward construction of the Facility, all subject to the terms of definitive agreements to be entered into by the parties; and WHEREAS, the City expects to finance its financial contribution through issuance of bonds (the "Abatement Bonds ") secured by property tax abatements under Minnesota Statutes, Sections 469.1812 to 469.1815 (the "Abatement Act "); and WHEREAS, in connection with issuance of the Abatement Bonds, the City has approved a resolution granting a property tax abatement under the Abatement Act (the "Abatement Resolution ") for certain property that is adjacent to and benefits from the Facility; and WHEREAS, the City also expects to finance additional costs of the Facility through issuance of so- called qualified 501(c)(3) revenue bonds (the "Revenue Bonds "); and WHEREAS, while the Facility will be operated in part as a cooperative effort with the City under the Recreation Act, the City has determined that it's contribution of land and City funds to the YMCA constitutes a business subsidy within the meaning of Minnesota Statutes, Section 116J.993 to 116J.995 (the "Business Subsidy Act "); and SJB- 265334v13 LN 140 -90 -33- WHEREAS, the City has determined that amounts paid from proceeds of the Revenue Bonds do not consitute a business subsidy, under Section 116J.993, Subd. 3(14) of the Business Subsidy Act; and WHEREAS, the parties have determined to finalize the finacial agreements between them regarding the Facility in part through this Agreement; and WHEREAS, the City Council has held a duly notice public hearing regarding the business subsidy described in this Agreement; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. General Terms. The parties agree and represent to each other as follows: (a) The subsidy provided by the City to the YMCA consists of (i) the fair market value of the Site, which the parties agree is $1,021,482 and (ii) the amount of $1,500,000 to be contributed from proceeds of the Abatement Bonds. The timing of the conveyance of the Site and disbursement of Abatement Bonds proceeds will be determined by the parties as part of agreements entered into in connection with issuance of the Revenue Bonds. The parties agree and understand that the "Benefit Date" (within the meaning of the Business Subsidy Act) for the subsidies under this Agreement is the date of the certificate of occupancy for the Facility issued by the City. (b) The public purposes of the subsidy is to further the City's recreational programs under the Recreation Act by facilitating development of the Facility, and to accomplish the further purposes described in the Abatement Resolution. (c) The goals for the subsidy are to (i) secure completion of the Facility by April 1, 2007, (ii) timely meet all the residential use covenants for the benefit of City residents as set forth in Section C, paragraphs 1, 3, 4 and 5 of the Development Agreement for at least five years from the Benefit Date, (iii) maintain the teen center component of the Facility in accordance with Section C, paragraph 2 of the Development Agreement for at least 15 years from the Benefit Date; and (iv) except as otherwise provided regarding the teen center in clause (iii), ensure that the Facility is operated for at least five years as described in clause (f) below. For the purposes of this Section, the teen center will be considered to be in operation if it is open during some specified hours at least five days a week. (d) If the goals described in clause (c) are not met, the YMCA must make the payments to the City described in Section 3. (e) The subsidy is needed because the cost of development of a Facility of a size and quality to meet City needs is not financially feasible based on YMCA revenues and therefore public financial assistance is required. (f) The YMCA must continue or cause to be continued operation of the Facility as recreational facility for at least five years after the Benefit Date. For the purpose of this Section, the 2 - 34 - Facility will be considered to be maintained in operation if the Facility is current in all required licenses and is open during regular business hours at least five days a week (other than temporary closure for renovation or a similar business reason). (g) The YMCA does not have a parent corporation. (h) The YMCA has not received, and does not expect to receive, financial assistance from any other "grantor" as defined in the Business Subsidy Act, in connection with the Site or the Facility. 2. Job and Wage Goals. In accordance with Section 116J.994, subdivision 4, the City has determined after a public hearing that the creation or retention of jobs is not the goal of the business subsidy provided under this Agreement. Accordingly, the wage and job goals are set at zero. 3. Remedies. If the YMCA fails to meet the goals described in Section, the YMCA shall repay to the City upon written demand from the City (a) the total amount of the subsidy described in Section 1(a) hereof; and (b) interest on the amounts in clause (a) at the rate set forth in the Business Subsidy Act, accrued from the Benefit Date to the date of the default. If the Facility is timely completed but the YMCA fails to meet the five -year operation goal, the total subsidy to be repaid will be prorated by the portion of the five -year operation period elapsed as of the date of default. If a default consists of failure to maintain the teen center, the total subsidy to be repaid will be prorated by the portion of the 15 -year operation period elapsed as of the date of default. If a default consists of failure to comply with other covenants described in Section C of the Development Agreement, the total subsidy to be repaid will be prorated based on any reasonable methodology that takes into account partial fulfillment of goals. The parties agree and understand that, under other agreements entered into regarding the Facility, covenants regarding operation of the Facility and residential use covenants may extend beyond the five -year and 15 -year periods described in this Agreement. However, in no event will the repayment remedy described in this Section 3 apply to any default under any such continuing covenant after expiration of the five -year period described in Section 1(f) or, with respect to the teen center component, the 15 -year period described in Section 1(c). YMCA agrees and understands that it may not a receive a business subsidy from the City or any grantor (as defined in the Business Subsidy Act) for a period of five years from the date of the failure or until the YMCA satisfies its repayment obligation under this Section, whichever occurs first. 4. Reports. YMCA must submit to the City a written report regarding business subsidy goals and results by no later than March 1 of each year, commencing March 1, 2006 and continuing until the later of (i) the date the goals stated Section 1(c) are met; (ii) 30 days after expiration of the five -year period described in Section 1 (f) or (iii) if the goals are not met, the date the subsidy is repaid in accordance with Section 3. The report must comply with Section 116J.994, subdivision 7 of the Business Subsidy Act. The City will provide information to the YMCA regarding the required forms. If YMCA fails to timely file any report required under this Section, the City will mail the YMCA a warning within one week after the required filing date. If, after 14 days of the postmarked date of the warning, the YMCA fails to provide a report, the YMCA must pay to the City a penalty of $100 for each subsequent day until the report is filed. Failure by the City to deliver a timely warning notice will not relieve the YMCA's obligation to pay a penalty within 14 days after receipt of a notice to pay. The maximum aggregate penalty payable under this Section is $1,000. 5. Relation to Development Agreement. This Agreement supplements the Development Agreement. In the event of any conflict between this Agreement and the Development Agreement, this Agreement controls. 6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered it if is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally: As to the City: With Copy to: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Attention: City Administrator Stephen Bubul Kennedy & Graven 470 U.S. Bank Plaza Minneapolis, MN 55402 As to the YMCA: With Copy to: or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other. 7. Counterparts. This Agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. a - 3 6 - IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the YMCA has caused this Agreement to be duly executed in its name and behalf as of the date first above written. CITY OF LINO LAKES By Its Mayor By Its City Administrator 5 -37- YMCA OF GREATER SAINT PAUL By Its h - 3 8 - EXHIBIT A Description of Site 7 -39- AGENDA ITEM 6Bi STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: July 25, 2005 TOPIC: Resolution No. 05 — 96, Approving Development Agreement, Lots 1 -7, Block 1 and Lots 1 -3, Block 2, Oakwood View Subdivision. Vote Required: Simple Majority BACKGROUND: The City Council authorized a preliminary plat and Planned Unit Development approval on April 14, 2004 to provide for a proposed development titled Oakwood View. Oakwood View provides for the construction of 10 single family detached home lots on the north part of the property. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Agreement for the Single Family Lots. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $310,000.00 representing 150 percent of the development improvement costs and a Letter of Credit in the amount of $20,500.00 representing 35 percent of the City improvement costs to insure completion of the project in accordance with the approved plans. 2. Deposit of a cash escrow in the amount of $61,000.00 to reimburse the City for costs incurred by the City related to the development and improvements of the site and developer improvements. Rice Creek Evangelical Covenant Church has reviewed the agreement and is aware of the conditions set forth. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 05 — 96, Approving Development Agreement, Lots 1 -7, Block 1 and Lots 1 -3, Block 2, Oakwood View Subdivision. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 05 — 96 be adopted. CITY OF LINO LAKES RESOLUTION NO. 05 -96 RESOLUTION APPROVING DEVELOPMENT AGREEMENT, LOTS 1 -7, BLOCK 1 AND LOTS 1 -3, BLOCK 2, OAKWOOD VIEW SUBDIVISION. WHEREAS, the City Council issued a preliminary plat and Planned Unit Development approval for Oakwood View on April 14, 2004, and WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities and final plat approval to insure satisfactory completion of public improvements. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Agreement with Rice Creek Evangelical Covenant Church for Oakwood View and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this 25th day of July, 2005. John J. Bergeson, Mayor Ann J. Blair, City Clerk DEVELOPMENT AGREEMENT Oakwood View — Single Family Lots Lots 1 -7, Block 1, Lots 1 -3, Block 3 THIS AGREEMENT made this 25th day of July, 2005, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and Rice Creek Evangelical Covenant Church whose address is 125 Ash Street, Lino Lakes, Minnesota 55126, hereinafter referred to as the "Developer ". WHEREAS, the Developer has received Conditional Use permit approval for a residential planned unit development from the City Council for a plat of land within the corporate limits of the City known as Oakwood View, hereinafter called "Subdivision ", said land is legally described to -wit LEGAL DESCRIPTION: The East 620.72 feet of the West 1120 feet as measured at right angles to the West line thereof, of the Southeast Quarter of the Southwest Quarter, Section 31, Range 22, Except the East 340 feet of the West 1120 feet of the South 223 feet of said Southeast Quarter of Southwest Quarter, Anoka County, Minnesota, Subject to easements. WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the Subdivision; and WHEREAS, said private improvements include grading, drainage, sanitary sewer., water, and driveway improvements; and Oakwood View — Single Family Lots 1 -7, Block 1, Lots 1 -3, Block 2 Development Agreement 7 -25 -2005 WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". II. DEVELOPER IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, street and utility plan, and a surface water management plan. The plans shall be approved by the City of Lino Lakes. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer Improvements shall require City inspection and approval and, where appropriate, and the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense, the following improvements according to the following terms and conditions: 1. Grading Plan a) A final site grading plan, with maximum two -foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. 2. Erosion Control Plan a) The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. b) The Developer shall submit a turf establishment plan which details topsoil placement, seeding, sodding, mulching, fertilizing and watering. Said plan shall be approved by the City prior to the commencement of site grading or construction. page 2 -43- Oakwood View — Single Family Lots 1 -7, Block 1, Lots 1 -3, Block 2 Development Agreement 7 -25 -2005 3. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.1 and II.A.2 as listed above. b) The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. c) All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. d) Erosion and siltation control measures shall be coordinated with the different stages of development. The Developer shall attain an NPDES Stormwater Permit prior to engaging in any site grading activities. All terms and conditions of the NPDES permit must be adhered to by the Developer throughout construction the duration of construction of the Subdivision from start to finish. e) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. f) The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. g) All disturbed areas shall be sodded or seeded, as designated per the approved plans, immediately upon completion of grading . h) All streets shall be protected from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. i) No soils shall be imported or exported without City approval. j) All site grading shall be performed in accordance with the requirements of the Rice Creek Watershed District. page 3 -44- Oakwood View — Single Family Lots 1 -7, Block 1, Lots 1 -3, Block 2 Development Agreement 7 -25 -2005 k) Existing wells and on -site septic systems shall be properly abandoned. 4. Final access drive and driveway grading, subbase, gravel base, bituminous binder course, and concrete curb and gutter shall be furnished and installed. 5. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances shall be furnished and installed. All connections to existing City facilities shall be performed by the Developer, but only upon approval and authorization of the City of Lino Lakes at least 48 hours prior to making actual connection. 6. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances shall be furnished and installed. All connections to existing City facilities shall be performed by the Developer, but only upon approval and authorization of the City of Lino Lakes at least 48 hours prior to making actual connection. 7. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan - guard stakes shall be appropriately installed to mark these irons. 8. The Developer shall promptly clear dirt and debris, within public right -of- ways, and drainage and utility easements, resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance including street sweeping, and storm sewer resulting from the accumulation of said dirt and debris, prior to issuance of any Certificates of Occupancy. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. 9. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, any permanent or temporary easements that may be necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. page 4 -45- Oakwood View — Single Family Lots 1 -7, Block 1, Lots 1 -3, Block 2 Development Agreement 7 -25 -2005 10. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. As previously stated, the Developer shall attain an NPDES Stormwater Permit, and shall adhere to all terms and conditions of the Rice Creek Watershed (RCWD) permit. Any work extending into the right of way of Anoka County shall be subject to the requirements of Anoka County, and the Developer shall be responsible for attaining any permits from the County as may be needed. 11. The Developer shall make provision that all gas, telephone, cable TV and electric utility designs be submitted to the City for review and approval prior to construction of the improvements. Following review and approval by the City, the Developer shall insure that all installations comply with applicable City, County and State design standards and show proof of security arrangements with said utility companies. 12. Cost of Developer Improvements and description are as shown on Attachment A. 13. Construction of Developer's Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the final plat which will dedicate all permanent easements necessary for the construction and installation of the Developer and City Improvements as determined by the City. d) All construction debris and trash shall be properly disposed of at the Developer expense and in a timely manner as determined by the City. 14. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements page 5 -46- Oakwood View — Single Family Lots 1 -7, Block 1, Lots 1 -3, Block 2 Development Agreement 7 -25 -2005 and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150 %) percent of the total estimated cost of Developer's Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the one -year warranty provisions of the agreement. The amount shall be determined by the City Engineer. III. CITY IMPROVEMENTS A. There are no City Improvements for this project. IV. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a page 6 -47- Oakwood View — Single Family Lots 1 -7, Block 1, Lots 1 -3, Block 2 Development Agreement 7 -25 -2005 parcel, a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. B. Homeowners association declaration/covenants must be submitted for City Attorney review as required by the City's final plat requirements. Prior to approval of the final plat by the City Council, the developer shall submit a copy of the easement document and proof that the easement document has been filed with Anoka County. The access drive as it currently exists shall not be altered. V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the Subdivision and the Developer Improvements including, but not limited to, the following (See Attachment B for breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee 3. Administration - 3% Construction Cost 4. Engineering a) Administration 5. Legal - Plat Review 6. Publications 7. Park Dedication Fee 8. Tree Preservation Policy 9. Boulevard Tree Planting 10. Street - Storm Sewer - Pond Maintenance 11. Sealcoating Fund 12. Aerial Photo Recovery Cost B. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting charge. page 7 -48- Oakwood View — Single Family Lots 1 -7, Block 1, Lots 1 -3, Block 2 Development Agreement 7 -25 -2005 VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City. B. The Developer further agrees that Sewer, Water, Storm Sewer, and Bituminous Base Construction of the Streets, temporary street signs, gas, electric, and telephone will be completed prior to the issuance of building permits. C. Model Homes The City agrees that one structure can be installed as a model home upon approval of final plat. The right to obtain such building permits shall be contingent upon the following: 1. Execution of this development contract, providing a Letter of Credit in the amount of $100,000.00 and an escrow amount of $10,000.00. 2. Construction shall be limited to maintain a minimum distance of 150' from the furthest exterior wall to an improved gravel street as per the State Fire Code. The Developer may construct and maintain such access in order to meet said requirements. 3. Prior to release of the building penuits for one structure, the builder shall enter into a separate agreement with the City which would not allow the building to be occupied after issuance of certificate of occupancy by anyone other than the builder for exhibiting the home for model purposes nor would they convey the property to any other third parties by any means until all of the public and private utilities have been installed to serve the building and accepted by the City. This includes all other requirements provided in this agreement D. The Developer further agrees that an as -built survey certifying that all the grading complies with the grading plan prior to issuance of building permits. E. Each lot must have a City approved Certificate of Grading showing the as -built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. VII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours as follows: page 8 -49- Oakwood View — Single Family Lots 1 -7, Block 1, Lots 1 -3, Block 2 Development Agreement 7 -25 -2005 Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed VIII. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the work and construction required by this contract and acceptance by the City, the utility and driveway improvements lying within the public easements shall become the property of the Developer, Property Owners, or their heirs and assigns, and shall include all maintenance and operation of all improvements for perpetuity. However, the City of Lino Lakes, in the interest of public health and safety, shall reserves the right to enter said property and maintain facilities upon reasonable notice. Any costs incurred by the City of Lino Lakes to repair and maintain any private facilities shall be billed directly to the property owners. IX. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT OF COSTS FOR DEFENSE A. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XI. VALIDITY A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, page 9 -50- Oakwood View — Single Family Lots 1 -7, Block 1, Lots 1 -3, Block 2 Development Agreement 7 -25 -2005 such decision shall not affect or void any of the other provisions of the Development Contract. XII. GENERAL A. Binding Effect 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notices 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approval 1. The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and all required petitions, bonds, security, and documents including the following: a) A shared driveway easement must be provided from Ash Street to the property intended for a future group residence duplex facility. XIII. VIOLATIONSBUILDING PERMITS A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and/or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. XIV. PARK DEDICATION A. Park dedication in an amount of $16,650 shall be paid by the Developer to the City. page 10 -51- Oakwood View — Single Family Lots 1 -7, Block 1, Lots 1 -3, Block 2 Development Agreement 7 -25 -2005 XV. PROPERTY TAXES A. Should the recording of the Final Plat occur after July 1, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. Dollars shall be incorporated into the escrow agreement to cover the cost of said property taxes. page 11 -52- Oakwood View — Single Family Lots 1 -7, Block 1, Lots 1 -3, Block 2 Development Agreement 7 -25 -2005 DEVELOPER CITY OF LINO LAKES By Developer STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA On this personally appeared By Mayor ATTEST: By Clerk day of , 20_. before me, a Notary Public within and for said County, (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA Notary public On this day of , of 20_, before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the , of , a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public page 12 - 53 - ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Oakwood View - Single Family Lots APPLICANT: Rice Creek Church NUMBER OF REU's: 10 ASSESSED AREA (ac.): 4.06 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate e $10,930 2 EROSION CONTROL Estimate e $3,001 3 SITE ENGINEERING & SURVEYING Estimate e $5,000 4 LANDSCAPING Estimate e $0 6 STREET /ACCESS CONST. Estimate e $78,666 7 STORM SEWER CONST. A. Trunk Estimate e B. Lateral Estimate e $25,647 C. Surface Water Mgmt. Charge (s.f.) $0.050 a $8,840 8 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) $2,520 a $10,232 B. Trunk Credit C. Trunk Unit Charge (REU) $1,095 $10,950 D. Lateral Estimate e $70,797 9 WATERMAIN CONST. A. Trunk Area Charge (ac.) $2,690 a $10,922 B. Trunk Credit C. Trunk Unit Charge (REU) $1,765 a $17,650 D. Lateral Estimate e $12,045 TOTALS $206,087 $58,594 $0 See Attachment B for security amounts to be posted NOTE a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study 7/18/2005 - 5 4 - Attachments Single Family.xls ATTACHMENT B CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Oakwood View - Single Family Lots APPLICANT: Rice Creek Church NUMBER OF REU's: 10 ASSESSED AREA (ac.): 4.06 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 PLANNING /REVIEW A. Plat Review Fee $2,000 b $2,000 B. Planner Review Fee $2,000 b $2,000 2 ENGINEERING A. Plan /Plat/Grading Review $2,000 b $2,000 B. Preparation of Plans & Specs. $0 b $0 C. Construction Services $10,000 b $10,000 D. Construction Staking $0 b $0 E. City Engineering $4,000 b $5,000 3 ADMINISTRATION A. Administration Fee - 3% of const. 3% of const. a $6,200 B. Legal $500 b $500 C. Publications $500 b $500 4 DEVELOPMENT FEES A. Park Dedication 1665 /each d $16,650 B. Sealcoating Fee a $5,500 C. Aerial Photo Fee 90 /unit a $900 5 BOULEVARD TREE PLANTING 400 /lot b $4,000 6 DEVELOPMENT SECURITIES A. Tree Preservation 80 /unit b $800 B. Street Lighting - installation $2,000 b $2,000 C. Street Lighting - operation $225 b $225 D. Traffic Signing $3,000 b $2,000 E. Street, St. Swr., Pond Maint. b $725 F. Other - Property Tax, FEMA b $0 TOTALS: $0 $0 $61,000 SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $310,000 $0 $310,000 Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $20,500 $0 $20,500 Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $61,000 $61,000 NOTE a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study 7/18/2005 -55- Attachments Single Family.xis AGENDA ITEM 6Bii STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: July 25, 2005 TOPIC: Resolution No. 05 — 97, Approving Development Agreement, Lot 9, Block 1, Oakwood View Subdivision. Vote Required: Simple Majority BACKGROUND: The City Council authorized a preliminary plat and Planned Unit Development approval on April 14, 2004 to provide for a proposed development titled Oakwood View. Oakwood View provides for the construction of an Enabling Residence (Duplex) on the southern part of the property. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Agreement for the Enabling Residence (Duplex). The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $112,500.00 representing 150 percent of the development improvement costs and a Letter of Credit in the amount of $6,500.00 representing 35 percent of the City improvement costs to insure completion of the project in accordance with the approved plans. 2. Deposit of a cash escrow in the amount of $16,500.00 to reimburse the City for costs incurred by the City related to the development and improvements of the site and developer improvements. Rice Creek Evangelical Covenant Church has reviewed the agreement and is aware of the conditions set forth. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 05 — 97, Approving Development Agreement, Lot 9, Block 1, Oakwood View Subdivision. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 05 — 97 be adopted. DEVELOPMENT AGREEMENT Oakwood View — Enabling Residence (Duplex) Lot 9, Block 1 THIS AGREEMENT made this 25th day of July, 2005, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and Rice Creek Evangelical Covenant Church whose address is 125 Ash Street, Lino Lakes, Minnesota 55126, hereinafter referred to as the "Developer ". WHEREAS, the Developer has received Conditional Use permit approval for a residential planned unit development from the City Council for a plat of land within the corporate limits of the City known as Oakwood View, hereinafter called "Subdivision ", said land is legally described to -wit LEGAL DESCRIPTION: The East 620.72 feet of the West 1120 feet as measured at right angles to the West line thereof, of the Southeast Quarter of the Southwest Quarter, Section 31, Range 22, Except the East 340 feet of the West 1120 feet of the South 223 feet of said Southeast Quarter of Southwest Quarter, Anoka County, Minnesota, Subject to easements. WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the Subdivision; and WHEREAS, said private improvements include grading, drainage, sanitary sewer, water, and driveway improvements; and Oakwood View — Enabling Residence (Duplex) Lot 9, Block 1 Development Agreement 7 -25 -2005 WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". II. DEVELOPER IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, street and utility plan, and a surface water management plan. The plans shall be approved by the City of Lino Lakes. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer Improvements shall require City inspection and approval and, where appropriate, and the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense, the following improvements according to the following terms and conditions: 1. Grading Plan a) A final site grading plan, with maximum two -foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. 2. Erosion Control Plan a) The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. b) The Developer shall submit a turf establishment plan which details topsoil placement, seeding, sodding, mulching, fertilizing and watering. Said plan shall be approved by the City prior to the commencement of site grading or construction. page 2 - 58 - Oakwood View — Enabling Residence (Duplex) Lot 9, Block 1 Development Agreement 7 -25 -2005 3. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.1 and II.A.2 as listed above. b) The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. c) All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. d) Erosion and siltation control measures shall be coordinated with the different stages of development. The Developer shall attain an NPDES Stormwater Permit prior to engaging in any site grading activities. All terms and conditions of the NPDES permit must be adhered to by the Developer throughout construction the duration of construction of the Subdivision from start to finish. e) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. f) The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. g) All disturbed areas shall be sodded or seeded, as designated per the approved plans, immediately upon completion of grading . h) All streets shall be protected from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. i) No soils shall be imported or exported without City approval. j) All site grading shall be performed in accordance with the requirements of the Rice Creek Watershed District. page 3 -59- Oakwood View — Enabling Residence (Duplex) Lot 9, Block 1 Development Agreement 7 -25 -2005 k) Existing wells and on -site septic systems shall be properly abandoned. 4. Final access drive and driveway grading, subbase, gravel base, bituminous binder course, and concrete curb and gutter shall be furnished and installed. 5. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances shall be furnished and installed. All connections to existing City facilities shall be performed by the Developer, but only upon approval and authorization of the City of Lino Lakes at least 48 hours prior to making actual connection. 6. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances shall be furnished and installed. All connections to existing City facilities shall be performed by the Developer, but only upon approval and authorization of the City of Lino Lakes at least 48 hours prior to making actual connection. 7. The Developer shall place iron monuments at all lot and block comers and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot comer irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan - guard stakes shall be appropriately installed to mark these irons. 8. The Developer shall promptly clear dirt and debris, within public right -of- ways, and drainage and utility easements, resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance including street sweeping, and storm sewer resulting from the accumulation of said dirt and debris, prior to issuance of any Certificates of Occupancy. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. 9. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, any permanent or temporary easements that may be necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. page 4 -60- Oakwood View — Enabling Residence (Duplex) Lot 9, Block 1 Development Agreement 7 -25 -2005 10. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. As previously stated, the Developer shall attain an NPDES Stormwater Permit, and shall adhere to all terms and conditions of the Rice Creek Watershed (RCWD) permit. Any work extending into the right of way of Anoka County shall be subject to the requirements of Anoka County, and the Developer shall be responsible for attaining any permits from the County as may be needed. 11. The Developer shall make provision that all gas, telephone, cable TV and electric utility designs be submitted to the City for review and approval prior to construction of the improvements. Following review and approval by the City, the Developer shall insure that all installations comply with applicable City, County and State design standards and show proof of security arrangements with said utility companies. 12. Cost of Developer Improvements and description are as shown on Attachment A. 13. Construction of Developer's Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the final plat which will dedicate all permanent easements necessary for the construction and installation of the Developer and City Improvements as determined by the City. d) All construction debris and trash shall be properly disposed of at the Developer expense and in a timely manner as determined by the City. 14. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements page 5 -61- Oakwood View — Enabling Residence (Duplex) Lot 9, Block 1 Development Agreement 7 -25 -2005 and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150 %) percent of the total estimated cost of Developer's Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the fmal acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the one -year warranty provisions of the agreement. The amount shall be determined by the City Engineer. III. CITY IMPROVEMENTS A. There are no City Improvements for this project. IV. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a page 6 -62- Oakwood View — Enabling Residence (Duplex) Lot 9, Block 1 Development Agreement 7 -25 -2005 parcel, a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. B. Homeowners association declaration/covenants must be submitted for City Attorney review as required by the City's final plat requirements. Prior to approval of the final plat by the City Council, the developer shall submit a copy of the easement document and proof that the easement document has been filed with Anoka County. The access drive as it currently exists shall not be altered. V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the Subdivision and the Developer Improvements including, but not limited to, the following (See Attachment B for breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee 3. Administration - 3% Construction Cost 4. Engineering a) Administration 5. Legal - Plat Review 6. Publications 7. Park Dedication Fee 8. Tree Preservation Policy 9. Boulevard Tree Planting 10. Street - Storm Sewer - Pond Maintenance 11. Sealcoating Fund 12. Aerial Photo Recovery Cost B. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting charge. page 7 -63- Oakwood View — Enabling Residence (Duplex) Lot 9, Block 1 Development Agreement 7 -25 -2005 VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City. B. The Developer further agrees that Sewer, Water, Storm Sewer, and Bituminous Base Construction of the Streets, temporary street signs, gas, electric, and telephone will be completed prior to the issuance of building permits. C. The Developer further agrees that an as -built survey certifying that all the grading complies with the grading plan prior to issuance of building permits. D. Each lot must have a City approved Certificate of Grading showing the as -built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. VII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed VIII. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the work and construction required by this contract and acceptance by the City, the utility and driveway improvements lying within the public easements shall become the property of the Developer, Property Owners, or their heirs and assigns, and shall include all maintenance and operation of all improvements for perpetuity. However, the City of Lino Lakes, in the interest of public health and safety, shall reserves the right to enter said property and maintain facilities upon reasonable notice. Any costs incurred by the City of Lino Lakes to repair and maintain any private facilities shall be billed directly to the property owners. IX. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 page 8 -64- Oakwood View — Enabling Residence (Duplex) Lot 9, Block 1 Development Agreement 7 -25 -2005 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT OF COSTS FOR DEFENSE A. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XI. VALIDITY A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. XII. GENERAL A. Binding Effect 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notices 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approval page 9 -65- Oakwood View — Enabling Residence (Duplex) Lot 9, Block 1 Development Agreement 7 -25 -2005 1. The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and all required petitions, bonds, security, and documents including the following: a) A shared driveway easement must be provided from Ash Street to the property intended for a future group residence duplex facility. XIII. VIOLATIONSBUILDING PERMITS A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and/or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. XIV. PARK DEDICATION A. Park dedication in an amount of $3,330 shall be paid by the Developer to the City. XV. PROPERTY TAXES A. Should the recording of the Final Plat occur after July 1, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. Dollars shall be incorporated into the escrow agreement to cover the cost of said property taxes. page 10 -66- Oakwood View — Enabling Residence (Duplex) Lot 9, Block 1 Development Agreement 7 -25 -2005 DEVELOPER CITY OF LINO LAKES By Developer STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA By Mayor ATTEST: By Clerk On this day of , 20_. before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA Notary public On this day of , of 20_, before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the , of , a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public page 11 - 6 7 - ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Oakwood View - Enabling Residence (Duplex) NUMBER OF REU's: 2 APPLICANT: Rice Creek Church ASSESSED AREA (ac.): 1.71 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate e $9,239 2 EROSION CONTROL Estimate e $2,216 3 SITE ENGINEERING & SURVEYING Estimate e $960 4 LANDSCAPING Estimate e $0 6 STREET /ACCESS CONST. Estimate e $29,515 7 STORM SEWER CONST. A. Trunk Estimate e B. Lateral Estimate e $3,068 C. Surface Water Mgmt. Charge (s.f.) $0.050 a $3,726 8 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) $2,520 a $4,309 B. Trunk Credit C. Trunk Unit Charge (REU) $1,095 $2,190 D. Lateral Estimate e $22,553 9 WATERMAIN CONST. A. Trunk Area Charge (ac.) $2,690 a $4,600 B. Trunk Credit C. Trunk Unit Charge (REU) $1,765 a $3,530 D. Lateral Estimate e $7,374 NOTE: TOTALS See Attachment B for security amounts to be posted a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study 7/18/2005 - 6 8 - $74,925 $18,355 $0 Attachments Duplex.xls ATTACHMENT B CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Oakwood View - Enabling Residence (Duplex) NUMBER OF REU's: 2 APPLICANT: Rice Creek Church ASSESSED AREA (ac.): 1.71 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 PLANNING /REVIEW A. Plat Review Fee $2,000 b $2,000 B. Planner Review Fee $2,000 b $2,000 2 ENGINEERING A. Plan /Plat/Grading Review $2,000 b $2,000 B. Preparation of Plans & Specs. $0 b $0 C. Construction Services $2,500 b $2,500 D. Construction Staking $0 b $0 E. City Engineering $1,000 b $1,000 3 ADMINISTRATION A. Administration Fee 3% of const. a $2,250 B. Legal $500 b $500 C. Publications $500 b $500 4 DEVELOPMENT FEES A. Park Dedication 1665 /each d $3,330 B. Sealcoating Fee a $0 C. Aerial Photo Fee 90 /unit a $90 5 BOULEVARD TREE PLANTING b 6 DEVELOPMENT SECURITIES A. Tree Preservation 80 /unit b $0 B. Street Lighting - installation $2,000 b $0 C. Street Lighting - operation $225 b $0 D. Traffic Signing b E. Street, St. Swr., Pond Maint. b $330 F. Other - Property Tax, FEMA b TOTALS: $0 $0 $16,500 SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $112,500 $0 $112,500 Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $6,500 $0 $6,500 Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $16,500 $16,500 NOTE a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study 7/18/2005 - 6 9 - Attachments Duplex.xls AGENDA ITEM 6.B.iii STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: July 18, 2005 TOPIC: Resolution Number 05 -26 Final Plat Oakwood View ACTION REQUIRED: 3/5 vote BACKGROUND The Rice Creek Evangelical Covenant Church has requested approval of a single family residential development called Oakwood View. The subject property is currently one lot with a house of worship constructed on the southern most portions near the Ash Street frontage. This plat will create a total of 12 lots; consisting of 10 single family residential lots, one lot for the existing house of worship, and one lot for the future group residence duplex facility. The final plat conforms to the approved preliminary plat layout as approved by the City Council on May 24, 2004. The title commitment for the property and final plat have been forwarded to the City Attorney for review and are acceptable. As required under the conditions of preliminary plat approval, the applicant has submitted a Rice Creek Watershed permit and an executable copy of the shared driveway easement from Ash Street to the property intended for a future group residence facility. All other conditions of approval will be met during building permit review of the subdivision and through the development contract between the applicant and the city. OPTIONS. 1. Approve the final plat for Oakwood View. 2. Return to staff with direction. RECOMMENDATION Option 1 ATTACHMENTS 1. Final Plat submitted July 18, 2005. Speiser Acres Page 2 CITY OF LINO LAKES RESOLUTION NO. 05 -26 RESOLUTION APPROVING THE FINAL PLAT FOR OAKWOOD VIEW WHEREAS, a request has been submitted to the City for the approval of a final plat, and WHEREAS, review and approvals of plats are governed by state statutes and City ordinances, and WHEREAS, the preliminary plat for Oakwood View was approved with Resolution 04 -58 by the City Council on May 24th, 2004 with conditions, and WHEREAS, the final plat for Oakwood View complies with City requirements and the conditions of Resolution 04 -58 have been satisfied. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the final plat for Oakwood View. Adopted by the Lino Lakes City Council this 25th day of July, 2005. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk 8 avldx3 uoimmmo3 Rvi -72- 5. 7 2 - V1OS3NNI10'S3YY1 ON1130 Ain 2005, by Cunis H. Ficscl, Chaim:m: of Rice Creek Ey: 3 74 mM)'1.0H 71 nuns 7-; 1N3IA 000iN VO gP cn nt P1 Went Il60 of East 620.72 f. of Wed 1120 k f 5E 1/4 of 550 1/4, Section 31, TSP. 31, 50 RNG. 22 80038'05.W 1309.87 - - -> \��WUI mis of SE 1/4 RNG. of 5W 1/4. (1 ) SuOen 31. 1WP. 31. 2i 33.00 8 m O -1 8 8� 33.00 �l 8 0I 1. 6D0.35 / /// AT 0 7% tJ J�.,,,, ,- , 242.42 N00.3605'( --•�„ 4 6e.4 -- k�\� / mac j W0. y y� ^+ ,r s e a 1]1.02 r ye 3 223.02 / -'i 0'r' e� o / 4 N0036'05'E / w' �eM�5 \ I it The West Una of the East 4l` it 1-° 2sa f ,%` °' 340ket the West 1120 /t ro r \1/J.,44,74,, "1.... i P of the south 223 k of 5E ..-----./ - ?` v 1/4 of SW 1/4, Section 31, I s `�YiJ �/' TWP. 31, RNG. 22 223.02 73 arxw :I la exo-o v`� �" .) j 55 I g \ /d R 1 ', .. \ r�r 1 0 /Y I� 3 a 11/ I I` l l 1 �1€ I la '„ I xis East Me of Wes k / 1120 of SE ^ 1086.40 - - -> 1/4 of 5W 1/4.5 31. TIP. w N0018'05'E 31, MG. 22 ge Woodridge 1 1 191 00 L- c \5 M IIA GOOAVNVO ��.- ._Wael Ilne of SE 1/4 of SW 1/ 5ec0 0 31, 7WP. 31, RIM. 22 4. I 00. S00'38'05'W < - -- 1306.87 -.e. n) 135.00 ! Ss,. 30.00g pu0 e6oua.0 Y : u r f T t514%.'saU_- � 8 w r, 1//1 m1 V'', T r,3" , ; 111 -4 06 / "" ti� �.r � / ,,. / .,.xtub2{Yr / { / ie4�4M 1 ` // /0c. / . cm C yy3 "Li W me iN s 3; s �1 t 35 1 0 Fri EQ rig CID 00 West line of East 820.72 ft. of Wet / 1120 ft of 5E 1/4 of SW 1/4. Seetton / 31, 711P. 31, 6NG. 22 20.00' 120.35 T k .Orono e� one 8 8 r-- sml.07Y -_' .. 9 ;756, 1 �j T -1, r- -= , I I N I qq N II M m e 61.23 J \- 8 _ 12A yA -Si IN oia 8 Illlily Eoeemml�----..-___< s e„ 2m 6 a as`\•%N'7 \ ' \ /e.. \ • ‘,41 \ t Fs oil �/e�0 w e poop 8 ".. - 5017ID'34. 81.23 '18 /r °i�l +'9T6i- A 542.0 " e <--- 1006.40 East Ilse West 1120 n of 5E^ N00'36'05'E 1/4 of 9r 1/4, Secllon 31, TSP. 31, 6110.122 Woodridge, Estates 6°. n x -�.. A ON �>d 5 - 74 - 1: O 119.31 110.50 iYOIA QoornNVO AGENDA ITEM 6.0 STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: July 25, 2005 TOPIC: Ordinance 06 -05 - Rezoning to R -1 (Single Family Residential) Resolution 05 -108 — Preliminary Plat and Allocation of MUSA Cavegn Estates BACKGROUND Anthony and Kimberly Cavegn have requested approval of a single - family residential development entitled Cavegn Estates. The subject property is located adjacent to the southeast corner of Lois Lane and Country Lane and is currently developed with one single - family dwelling. The applicant is proposing to divide the 1.38 acre lot into two buildable lots of 23,560 square feet and 36,564 square feet. The existing single - family dwelling will remain on the smaller lot, and the larger lot will be used for new construction. ANALYSIS The following is a summary of the proposal: Site Area 60,124 square feet Upland Area 60,124 square feet Total Buildable Lots 2 Density 1.5 units per acre 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 Single Family Dwelling Low Density, Sewered Residential R North Single Family Dwellings Low Density, Sewered Residential R -1 South Single Family Dwellings Low Density, Unsewered Residential R East Single Family Dwelling Low Density, Sewered Residential R -1 (PDO) West Single Family Dwelling Low Density, Sewered Residential R -1X Cavegn Estates Page 2 Growth Management Growth Management, Units/Year: As seen in the table at the end of this report, 165 lots have been approved for year 2005. The recent ordinance amendment to the growth management policy has eliminated the City Council's ability to allow 20% more discretionary lots over the 147 -lot maximum per year in the future. Therefore this proposal is eligible for 2006 lots. MUSA Reserve: The comprehensive plan and the growth management policy establish a specific number of MUSA acres for residential growth for stage one (prior to year 2010). MUSA for all of the properties along Lois Lane in the Mar Don Estates Subdivision was obtained as a part of the Hailey Manor project. At that time it was set up that the MUSA would be allocated as part of the rezoning or platting of each property as they developed. Preliminary Plat Lots: The minimum lot size in the R -1 (Single Family Residential) zoning district is 10,800 square feet of upland. The two lots being created by the proposed plat will consist of 23,560 square feet and 36,564 square feet respectively. Lot 1 is sufficient in size to meet the minimum setback requirements for the existing single - family dwelling. Streets: No new streets are needed or proposed as a part of the proposed preliminary plat. A new driveway from Lois Lane will be needed for Lot 2, which is required to be a minimum of five feet from a side property line. No additional right -of -way is necessary on either Lois or Country Lane. The cul -de -sac on the north east corner of the property, which is no longer necessary, is proposed to be vacated. Additionally, a portion of the drainage and utility easement which was granted when this lot was created as part of Mar Don Acres will also need to be vacated. Specifically, that portion of the easement that surrounds the existing cul -de -sac bulb. These will be included with the project when it is heard by the City Council. Wetlands: The subject site does not have any existing wetlands. Park / Open Space: The proposal does not include any land dedication for parkland, only a cash dedication will be required. Park dedication fees will be calculated as required by city policy. Utilities: Adequate municipal services exist within the Lois Lane right -of -way, and both properties will be required to connect to municipal services. Grading and Drainage: Easements are required adjacent to property lines (5 feet side -yard and 10 feet front and rear - yards). This will need to be properly depicted on the final plat. The City Engineer has completed a thorough review of the submitted plans, and his memorandum is attached at the end of this report. The applicant will be required to satisfy all of those comments prior to recordation. Cavegn Estates Page 3 Planning and Zoning Board: On July 13, 2005 the Planning and Zoning Board recommended approval of the proposed project subject to the conditions included in the staff report. OPTIONS. a. Approve Ordinance 06 -05 for the Rezoning of the property; and Resolution Number 05 -108 for the allocation of MUSA reserve and the Preliminary Plat subject to conditions. b. Deny the Ordinance 06 -05 and Resolution 05 -108. c. Return to staff with direction. RECOMMENDATION Staff recommends approval subject to the following conditions: 1. Both lots shall connect to city sanitary sewer and water, assessments for both lots will be recorded with the final plat. 2. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 3. Park dedication shall be paid in accordance with city policies. 4. A vacation of the excess right of way and easements must be approved by the City Council prior to the recordation of a final plat for the property. 5. The property can not be platted until 2006. 6. The standards of Section 3.Subdivision 4.D.8 regarding accessory structures must be met on both lots created by the proposed plat. This review is based on the following plans and information: 1. City Engineer Comments dated July 7, 2005. 2. Preliminary Plat, received May 9, 2005. LOTS /UNITS Development Name approved prelim. plats Phasing plans by year (lots /units to be final platted) 2003 -09 total max. 1029 Prelim Plat year end 2002 2003 2004 2005 2006 2007 2008 2009 Stoneybrook 103 51 0 2nd Addn 0 52 52 Century Farms North 249 56 65 52 43 33 249 Keefe: prel plat, not final plat 1 1 1 Morton (minor subdiv) 0 1 0 1 Ravens Hollow 56 0 56 56 Haley Manor (10 new lots) 10 10 0 10 Crystal Cove 3 3 0 3 Millers Crossroads 152 22 47 51 32 152 Lakeview Estates (2 new) 2 2 2 Snell (minor subdivision) 0 1 1 Pheasant Hills Pres. 13th 1 1 1 Justin's Preserve 1 1 1 Marshan Estates 4 4 4 Rice Creek Church duplex 2 2 2 Rice Church: Oakwood View 10 10 10 Junes Addn 2 2 2 Highland Meadows East 2nd 18 18 18 Marshan Townhomes 2nd 23 23 Pheasant Hills 12th island 8 8 8 West Shadow Ponds 2nd Add 1 1 1 Vaughan Addition 5 5 5 Angie's Acres (1 new) 1 1 1 Marshan Lakeview (2 new) 2 2 2 Marshan Meadows 20 20 20 total 51 148 176 171 97 33 625 remaining of annual 147 -1 -29 -24 50 114 147 147 remaining of 1029 for pre -2010 404 exceeds target of 147 by 1 29 24 percent 0.7% 19.7% 16.3% Cavegn Estates Page CITY OF LINO LAKES ORDINANCE NO. 06 -05 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM R, RURAL TO R -1, SINGLE FAMILY RESIDENTIAL. 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 application for rezoning the property described below, based on the factors listed in Section 2, Subd.1 E 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 mixed use. 2. The proposed use is or will be compatible with present and future land uses of the area. The site is guided for low density sewererd residential. Land in the area is already developed with single family dwellings, and a preliminary plat for the development of the property with single family dwellings has been submitted for approval. 3. The proposed use conforms with all performance standards contained within the city's zoning ordinance. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Existing sanitary sewer and water services are available to the site and will not overburden existing public services. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 is hereby amended by rezoning from R, Rural to R -1, Single Family Residential District pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: Lot 1, Block 2, Mar Don Acres SECTION 2. As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. - 7 9 - Cavegn Estates Page 6 SECTION 3. 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 25th day of July, 2005 John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk Cavegn Estates Page 7 CITY OF LINO LAKES RESOLUTION NO. 05 -108 RESOLUTION APPROVING THE PRELIMINARY PLAT AND ALLOCATION OF 1.38 ACRES OF M.U.S.A. FOR CAVEGN ESTATES WHEREAS, the City has received an application for preliminary plat and allocation of MUSA approval for property currently described to -wit: Lot 1, Block 2, Mar Don Acres WHEREAS, the applicant is proposing to subdivide the property into two parcels described as Lots 1 and 2, Block 1, Cavegn Estates; and WHEREAS, the preliminary plat and allocation of MUSA approval request is based on the following submittals: • Preliminary Plat received May 9, 2005. ; and WHEREAS, at their meeting on July 13, 2005, the Planning & Zoning Board conducted a public hearing and recommended approval of the preliminary plat and the allocation of MUSA subject to the conditions listed in the meeting minutes; and WHEREAS, the proposed preliminary plat and allocation of MUSA meets the requirements of the City's zoning ordinance and subdivision ordinance subject to certain conditions of approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the preliminary plat and the allocation of MUSA for Cavegn Estates subject to the following conditions: 7. Both lots shall connect to city sanitary sewer and water, assessments for both lots will be recorded with the final plat. 8. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 9. Park dedication shall be paid in accordance with city policies. 10. A vacation of the excess right of way and easements must be approved by the City Council prior to the recordation of a final plat for the property. 11. The property can not be platted until 2006. 12. The standards of Section 3.Subdivision 4.D.8 regarding accessory structures must be met on both lots created by the proposed plat. Passed by the Lino Lakes City Council this 25th day of July 2005. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk Cavegn Estates Page 8 Memorandum DATE: July 7, 2005 TO: Paul Bengston FROM: James E. Studenski, City Engineer RE: Cavegn Lot Split Attached for your use is a copy of the TKDA review dated July 7, 2005 for the Cavegn Lot Split. These items must be addressed before final approval is given for this project. Please contact me with any questions. 600 Town Center Parkwa - 83 - _akes, Minnesota 55014-1182 Phone: 651- 982 -2400 • Fax: 651 - 982 -2499 • TDD: 651 - 982 -2410 TKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM To: Jim Studenski, City Engineer Reference: Cavegn Lot Split Copies To: 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com City of Lino Lakes, Minnesota Proj. No.: 13265 -002 From: Tom Prew, P.E. Routing: Date: July 7, 2005 We have reviewed the Preliminary Plat dated May 6, 2005 for the Cavegn Lot Split. The following items must be addressed before approval is given: • The existing watemain must be shown along Lois Lane to the west. • The services must be shown from Lois Lane to Parcel A. • The water service connection must be shown from Parcel B to the existing watmain line and not to the sanitary sewer. Please let me know if you have any questions. - 84 — An Employee Owned Company Prurnuung Affirmative Action and Equal Opportunity -85- AGENDA ITEM 6D STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: July 25, 2005 TOPIC: Resolution No. 05 — 98, Approving Development Agreement (Site Grading Only), Apollo Landing. Vote Required: Simple Majority BACKGROUND: The City Council authorized a preliminary plat and Planned Unit Development approval on May 9, 2005 to provide for a proposed development titled Apollo Landing. The Developer, Equinox Development is now requesting approval to begin grading work. Apollo Landing provides for the construction of a 5 lot commercial subdivision on property located at 540 Lilac Drive. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Agreement for Site Grading Only. The contract provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $26,000.00 representing 35 percent of the development improvement costs to insure completion of the project in accordance with the approved plans. 2. Deposit of a cash escrow in the amount of $12,000.00 to reimburse the City for costs incurred by the City related to the development and improvements of the site and developer improvements. Equinox Development has reviewed the agreement and is aware of the conditions set forth. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 05 — 98, Approving Development Agreement for Site Grading Only, Apollo Landing. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 05 — 98 be adopted. CITY OF LINO LAKES RESOLUTION NO. 05 -98 RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR SITE GRADING ONLY, APOLLO LANDING. WHEREAS, the City Council issued a preliminary plat and Planned Unit Development approval for Apollo Landing on May 9, 2005, and WHEREAS, the Developer, Equinox Development is requesting approval to commence grading work of such development to be known as Apollo Landing; and, WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities and final plat approval to insure satisfactory completion of public improvements. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Agreement (Site Grading Only) with Equinox Development for Apollo Landing and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this 25th day of July, 2005. John J. Bergeson, Mayor Ann J. Blair, City Clerk DEVELOPMENT AGREEMENT Apollo Landing — Grading Only THIS AGREEMENT made this 25th day of July, 2005, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and Equinox Development whose address is 425 Arrowhead Drive, Minnesota 55014 hereinafter referred to as the "Developer ". WHEREAS, the Developer has received preliminary plat approval from the City Council for a plat of land within the corporate limits of the City known as Apollo Landing, hereinafter called "Subdivision ", said land is legally described to -wit Parcel A That part of the West 660.00 feet of the Southeast Quarter of Section 8, Township 31, Range 22, Anoka County, Minnesota lying South of the North 500.00 feet and North of the South 500,00 feet thereof, according to the US Government Survey, Anoka County, Minnesota. AND That part of the West 500.00 feet of the Southeast Quarter of the Southwest Quarter of Section 8, Township 31, Range 22, Anoka County, Minnesota, lying easterly of the following described line: Commencing at the Southwest Quarter of the Southwest Quarter of said Southeast Quarter of the Southwest Quarter; thence Easterly along the South line of said Southeast Quarter of the Southwest Quarter a distance of 320.00 feet to the actual point of beginning of the line to be described: thence Northerly at a right angle, a distance of 500.00 feet and there terminating, subject to easements of record, if any, and road right of way. Parcel B Grading Only - Development Agreement Apollo Landing July 25, 2005 That part of the East 160.00 feet of the West 660.00 feet of the South 500.00 feet of the Southeast Quarter of the Southwest Quarter of Section 8, Township 31, Range 22, according to the US Government Survey thereof, Anoka County, Minnesota, lying North of a line being 50.00 feet North of the centerline of public street described as follows: Commencing at the South Quarter Corner of said Section 8, Township 31, Range 22; thence on an assumed bearing of West along the South line of said Southeast Quarter of the Southwest Quarter a distance of 836.79 feet to the point of beginning of the centerline to be described; thence Northeasterly 1124.51 feet along the arc of a non - tangential curve, concave to the Southeast, having a central angle of 78 degrees 42 minutes 57 seconds, and a radius of 818.31 feet, the long chord of which bears North 67 degrees 05 minutes 31 seconds East 1038.14 feet; thence South 73 degrees 33 minutes 00 seconds East a distance of 221.72 feet, more or less, to the centerline of Lake Drive and there terminating; subject to easements of record, if any. WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the subdivision; and WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of City installed improvements to the benefited property. WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of fmal plat; and NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". B. Improvements to be installed by the City and financed by the Developer are hereinafter referred to as "City Improvements ". II. DEVELOPER IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, street and utility plan, and a surface water management plan. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer will construct and page 2 -89- Grading Only - Development Agreement Apollo Landing July 25, 2005 install at Developer's expense the following improvements according to the following terms and conditions: 1. Grading Plan a) A final site grading plan, including certified wetland delineation, with maximum two -foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. 2. Erosion Control Plan a) The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. b) The Developer shall submit a turf establishment plan which details topsoil placement, seeding, sodding, mulching, fertilizing and watering. Said plan shall be approved by the City prior to the commencement of site grading or construction. 3. Tree Preservation Plan a) Developer will provide a tree preservation plan prior to any site grading which shall be in accordance with the City Tree Preservation Policy. Developer shall escrow for boulevard tree planting for each side of a lot which abuts a street. The City Forester shall determine species, size and location. b) The Developer shall remove, dispose of, or treat all dead and diseased trees in accordance with the City Forester's recommendation before building permits will be issued. 4. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.1, II.A.2, and II.A.3 as listed above. b) The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. page 3 -90- Grading Only - Development Agreement Apollo Landing July 25, 2005 c) All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. d) Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. e) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. f) The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. All disturbed areas shall be seeded. h) The front 50 feet of the lots, the street right -of -way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. i) Drainage swales, ditches, storm water storage ponds and other high risk erosion areas shall be protected from erosion. j) All remaining grading must be completed prior to issuance of building permits. k) Protect streets from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. 1) The Developer's engineer shall certify, in writing with an as -built survey, that all grading complies with the grading plan prior to issuance of building permits. 5. Final street grading, subbase, gravel base, bituminous binder course, and concrete curb and gutter. 6. Storm sewers when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances. page 4 -91- Grading Only - Development Agreement Apollo Landing July 25, 2005 7. Sanitary sewer, laterals or extensions, including all necessary building services and other appurtenances. 8. Water, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances. 9. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan - guard stakes shall be appropriately installed to mark these irons. 10. The Developer agrees to maintain, at all times before acceptance of the streets by the City, an access road suitable for use by emergency, police and fire department equipment. The adequacy of such road shall be the sole determination of the City. Furthermore, such access road shall be located no more than 150 feet from any structure built within the Subdivision. 11. The Developer shall promptly clear dirt and debris, within public right -of- ways, and drainage and utility easements, resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance including street sweeping, storm sewer cleaning, ditch cleaning and pond dredging, resulting from the accumulation of said dirt and debris, until all Certificates of Occupancy are issued. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. 12. Street Lighting: a) Street lighting at Apollo Drive shall be owned by the City. b) It shall be the responsibility of the Developer to pay for street lighting operation charges for the initial 15 months of operation of the system. 13. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer Improvements. All such page 5 - 9 2 - Grading Only - Development Agreement Apollo Landing July 25, 2005 easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 14. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction. 15. The Developer shall make provision that all gas, telephone, cable TV and electric utility designs be submitted to the City for review and approval prior to construction of the streets. Following review and approval by the City, the Developer shall insure that all installations comply with applicable City, County and State design standards and show proof of security arrangements with said utility companies. 16. Cost of Developer Improvements and description are as shown on Attachment A. 17. Construction of Developer's Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the final plat which will dedicate all permanent easements necessary for the construction and installation of the Developer and City Improvements as determined by the City. d) All construction debris and trash shall be properly disposed of at the Developer expense and in a timely manner as determined by the City. 18. The Developer shall construct and pay for all improvements as described in the landscaping plan. 19. The Developer shall make an application to FEMA for a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) to revise the existing Flood Plain maps consistent with the proposed grading plan. 20. Guarantee page 6 - 9 3 - Grading Only - Development Agreement Apollo Landing July 25, 2005 a) Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty -five (35 %) percent of the total estimated cost of Developer's Grading Improvements and 150% of the total estimated cost of Developer's Sanitary and Watermain Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the one -year warranty provisions of the agreement. The amount shall be determined by the City Engineer. Grading Only - Development Agreement Apollo Landing July 25, 2005 III. CITY IMPROVEMENTS A. There are no new City Improvements for this project. IV. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel, a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the Subdivision and the Developer Improvements including, but not limited to, the following (See Attachment B for breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee 3. Administration - 3% Construction Cost 4. Engineering a) Administration 5. Legal - Plat Review 6. Publications 7. Park Dedication Fee 8. Tree Preservation Policy 9. Street Lighting - Install /Operate 10. Traffic Signing Improvements 11. Boulevard Tree Planting 12. Street - Storm Sewer - Pond Maintenance 13. Sealcoating Fund 14. Aerial Photo Recovery Cost page 8 -95- Grading Only - Development Agreement Apollo Landing July 25, 2005 B. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting charge. VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City. B. The Developer further agrees that City Sewer, Water, Storm Sewer, and Bituminous Base Construction of the Streets, temporary street signs, gas, electric, and telephone will be completed prior to the issuance of building permits. C. The Developer further agrees that an as -built survey certifying that all the grading complies with the grading plan prior to issuance of building permits. D. The Developer further agrees to make an application to FEMA for a Letter of Map Amendment (LOMA) or a Letter of Map Revision (LOMR) to revise the existing Flood Plain maps consistent with the proposed grading plan prior to issuance of building permits. E. Each lot must comply with erosion control measures to prevent any material from leaving the lot. The City of Lino Lakes will not perform any requested inspections on the lot until it complies to the erosion control requirements. F. Each lot must have a City approved Certificate of Grading showing the as -built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. VII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed VIII. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the work and construction required by this contract and acceptance by the City, the sanitary sewer and water improvements lying within the public easements shall become City property without further notice or action. page 9 -96- Grading Only - Development Agreement Apollo Landing July 25, 2005 IX. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT OF COSTS FOR DEFENSE A. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XI. VALIDITY A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. XII. GENERAL A. Binding Effect 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notices 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by page 10 - 9 7 - Grading Only - Development Agreement Apollo Landing July 25, 2005 United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approval 1. The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and all required petitions, bonds, security, and documents including the following: a) By -laws for the developments association must be submitted for review and approval by city staff prior to the final plat being reviewed by the city council. These by -laws must include a joint access /shared parking agreement for the entire site. b) The architectural design standards approved as a part of this application must be supplied to each incoming tenant upon signature of a lease. c) The architectural design standards required to be approved by the City Council as part of any Planned Unit Development can not be modified unless reviewed and approved by the City Council. d) A development agreement must be executed between the developer and the city prior to the execution of a final plat for the site. e) Appropriate drainage and utility easements must be shown on the final plat. f) The proposed development is subject to Anoka County Highway Department requirements, review, and approval. g) Prior to the issuance of building permits for each building city staff must review and approve a photometric lighting plan of the entire site including all previous construction on the site. h) Prior to the issuance of building permits for each building city staff must review and approve a landscaping plan of the entire site including all previous construction on the site. i) City is willing to allow for a reduction in the number of parking stalls with the goal being to have the appropriate amount of parking. page 11 -98- Grading Only - Development Agreement Apollo Landing July 25, 2005 j) Pedestrian access in addition to the sidewalk depicted along the entry drive must be added to the site. k) The final plat for the site will need to be accompanied by the final development plans for the hotel (Lot 1). At that time all of the lots will be platted, and site development plan reviews for subsequent buildings will be done administratively by staff. 1) The applicant must comply with all comments of Anoka County and obtain the appropriate county permits for work within the street right of way. m) A maintenance free fence shall be used to surround the property. XIII. VIOLATIONSBUILDING PERMITS A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and/or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. XIV. PROPERTY TAXES A. Should the recording of the Final Plat occur after July 1, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. Dollars shall be incorporated into the escrow agreement to cover the cost of said property taxes. page 12 -99- Grading Only - Development Agreement Apollo Landing July 25, 2005 DEVELOPER CITY OF LINO LAKES By Developer STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA By Mayor ATTEST: By Clerk On this day of , 20_. before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA Notary public On this day of , of 20_, before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the , of , a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public page 13 - 1 0 0 - ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS Grading Only DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Apollo Landing NUMBER OF REU's: 0 APPLICANT: Equinox Development ASSESSED AREA (ac.): 6.7 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate e $51,919 2 EROSION CONTROL Estimate e $8,378 3 SITE ENGINEERING & SURVEYING Estimate e $6,000 4 LANDSCAPING Estimate e $8,000 6 STREET /ACCESS CONST. Estimate e $0 7 STORM SEWER CONST. A. Lateral Estimate e $0 B. Surface Water Mgmt. Charge (s.f.) $0.081 a $0 8 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) $2,520 a $0 B. Trunk Unit Charge (REU) $1,095 $0 C. Lateral Estimate e $0 9 WATERMAIN CONST. A. Trunk Area Charge (ac.) $2,690 a $0 B. Trunk Unit Charge (REU) $1,765 a $0 C. Lateral Estimate e $0 TOTALS $74,297 $0 $0 See Attachment B for security amounts to be posted NOTE a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study 7/18/2005 - 101 - Grading Only Attachments.xls ATTACHMENT B CITY FEES Grading Only DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Apollo Landing NUMBER OF REU's: 0 APPLICANT: Equinox Development ASSESSED AREA (ac.): 6.7 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 PLANNING /REVIEW A. Plat Review Fee $500 b $500 B. Planner Review Fee $500 b $500 2 ENGINEERING A. Plan /Plat/Grading Review $500 b $500 B. Preparation of Plans & Specs. $0 b $0 C. Construction Services b $4,000 D. Construction Staking $0 b $0 E. City Engineering b $1,500 3 ADMINISTRATION A. Administration Fee 3% of const. a $3,000 B. Legal $1,000 b $1,000 C. Publications $500 b $500 4 DEVELOPMENT FEES A. Park Dedication $0 d $0 B. Sealcoating Fee $0 a $0 C. Aerial Photo Fee $90 /unit a $0 5 BOULEVARD TREE PLANTING $0 b $0 6 DEVELOPMENT SECURITIES A. Tree Preservation $0 b $0 B. Street Lighting - installation $2,000 b $0 C. Street Lighting - operation $225 b $0 D. Traffic Signing $0 b $0 E. Street, St. Swr., Pond Maint. $775 b $500 F. Other - Property Tax, FEMA $0 b $0 TOTALS: $0 $0 $12,000 SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total X = DEV. IMPROVEMENT COSTS (LETTER OF CREDIT) $26,000 $0 $26,000 Y = CITY IMPROVEMENT COSTS (LETTER OF CREDIT) $0 $0 $0 Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $12,000 $12,000 NOTE a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study 7/18/2005 -102- Grading Only Attachments.xls AGENDA ITEM 6 E STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: July 25, 2005 TOPIC: Resolution 05 -102: Submittal Requirements for Application to Amend Comprehensive Plan ACTION: 3/5 BACKGROUND The City currently does not have a list of submittal requirements for an application to amend the comprehensive plan. Typically, for review of Comprehensive plan amendments, staff has relied on accompanying information submitted for a rezoning or preliminary plat, if any, to evaluate the proposed amendment. While rezoning and preliminary plat submittal requirements are sufficient for reviewing amendments to the plan, not all plan amendments include such requests. Resolution 05 -120 establishes base submittal requirements for comprehensive plan amendments. The resolution also provides that, when the comprehensive plan amendment is accompanied by a request for rezoning and /or preliminary plat approval, the submittal requirements of those requests shall suffice. As with requirements for other development applications, the list of submittal requirements will be converted to a checklist to guide applicants in providing a complete submittal. OPTIONS 1. Approved Resolution 05 -102, adopting submittal requirements for comprehensive plan amendment applications. 2. Return to staff with direction. RECOMMENDATION Option 1 CITY OF LINO LAKES RESOLUTION NO. 05-102 RESOLUTION ESTABLISHING SUBMITTAL INFORMATION REQUIREMENTS FOR APPLICATIONS TO AMEND THE COMPREHENSIVE PLAN WHEREAS, the City of Lino Lakes has a Comprehensive Plan prepared and adopted according to MN Statutes 462.355, and; WHEREAS, the City may receive requests from landowners or other private interests to amend the Comprehensive Plan, and; WHEREAS, it is in the best interest of the City and the public to ensure that requests to amend the Plan are accompanied by sufficient information to facilitate timely and complete review to protect the public health, safety, and welfare; NOW, THEREFORE, BE IT RESOLVED that the following submittal requirements shall apply to applications to amend the Comprehensive Plan: A. Completed, Signed Application Form B. Application Fee C. Applications Accompanied by Other Applications If the application is accompanied by a complete development application, such as a rezoning, site and building plan, preliminary plat, or a planned unit development, that information is sufficient except that the City may require additional information to address special features or issues of the application. D. Applications Not Accompanied by Other Applications If no other applications accompany the application for a comprehensive plan amendment, the submittal must include the information listed below. 1. General Information. a) Owner. The landowner's name, address and telephone number and his interest in the subject property. b) Applicant. The applicant's name, address and telephone number if different from the landowner. The applicant may designate an agent to be contacted by the City, who may speak for the applicant. c) Consultants. The names and addresses of all professional consultants who have contributed to the plan amendment being submitted, including attorney, land planner, engineer and surveyor. d) Title of Applicant. Evidence that the applicant has sufficient control over the subject property to effectuate the proposed plan amendment, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up -to -date certified abstract of title or registered property report, and such other evidence as the City Attorney may require to show the status of title or control of the subject property. 2. Present Status of Premises and Adjacent Properties. a) Description. The address and legal description of the subject property. b) Land Use and Zoning. The existing land uses, zoning classifications, and present actual use of the subject property and all lands within five hundred (500) feet of the subject property. c) Map. A single reproducible map or aerial photograph at a scale of not less than one (1) inch equals one hundred (100) feet, depicting the existing development of the subject property and all land within five hundred (500) feet thereof and showing the precise location of existing streets. 3. Narrative Description. A written statement generally describing the proposed amendment and the market which it is intended to serve, showing its relationship to the City's Comprehensive Plan and how development in the amendment area is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the City. 4. Site Conditions: Graphic reproductions of the existing site conditions at a scale of not less than one (1) inch equals one hundred (100) feet shall be submitted and shall contain the following. All of these graphics shall be the same scale to allow easy cross reference. a) Certificate of survey showing lot dimensions and existing easements, utilities, and streets. b) Contours - minimum two (2) foot intervals. c) Location, type, and extent of tree cover. Resolution 05 -102, page 2 - 1 0 5 - d) Slope analysis. e) Location and extent of water bodies, wetlands, and streams and flood plains on and within three hundred (300) feet of the subject property. Area of wetlands and water bodies in square feet. f) Existing drainage patterns. g) Vistas and significant views. h) Soil conditions as they affect development. 5. Concept Plan. Schematic drawing of the proposed development concept including, but not limited to: a) major circulation elements such as roads, trails b) public and common open space c) land uses by type d) wetlands and water bodies 6. Data. A statement of the estimated total number of dwellings and /or other units proposed for the area and a tabulation of the proposed approximate allocations of land use expressed in acres and as a percent of the total project area, which shall include at least the following for existing conditions and post- development conditions based on the proposed amendment: a) Area devoted to residential uses by use type (single family, multi - family) and residential densities by use type b) Estimated number of housing units by use type (single family, multi- family). c) Area devoted to common open space. d) Area devoted to public open space. e) Approximate area devoted to streets, broken out by classification. f) Approximate area, and potential floor area, devoted to commercial uses. g) Approximate area, and potential floor area, devoted to industrial uses. Resolution 05 -102, page 3 - 1 0 6 - h) Wastewater generation based on land uses. 7. Staged Development. When development in the area is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit and the proportion of the total public or common open space and dwelling units to be provided or constructed during each such stage and the overall chronology of development to be followed from stage to stage. 8. Common Areas. When development of the area will include provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities. 9. Covenants. General intent of any restrictive covenants that are to be recorded with respect to property included in the area. 10. Market Feasibility. Where deemed necessary by the City, a market feasibility study including an analysis of the proposal's economic impact on the City. 11.Traffic Study. A traffic study including existing conditions and post- development conditions based on the concept plan for the proposed amendment to the comprehensive plan. Must include average daily traffic and peak hour. Must compare development concept to access management guidelines for MnDOT (for site with access to principal or A minor arterials) and for the county and city (other road classifications). 12. Special Information. The City may require additional information to address special features or issues of the site or application. Adopted by the Lino Lakes City Council this day of 2005 John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk Resolution 05 -102, page 4 - 1 0 7 - AGENDA ITEM 6F STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: July 25, 2005 TOPIC: Resolution No. 05 -99, Authorizing Preparation of Plans and Specifications, 2005 Surface Water Management Project. VOTE REQUIRED: Simple Majority BACKGROUND: After storm water ponds and drainage ways are constructed, they require periodic maintenance to ensure their effectiveness. Trapper's Crossing, Clearwater Creek, Blackbird Lane, East Rondeau Lake Road, and Otter Lake Road have been identified as areas for maintenance in 2005. Sites for maintenance in 2005 will be further defined in the plans and specifications. The maintenance activity required at these sites is more extensive than what is typically undertaken by Public Works staff. They have been combined into one project in order to minimize mobilization costs. If, after we begin preparation of the construction documents, discover the cost of a specific maintenance activity far outweighs the benefit, we may recommend reductions in the project scope. In addition, we will be reviewing 20% of the City's MS4 outfalls, sediment basins, storm sewers, and ponds to comply with NPDES requirements. The funding for this work is provided by the Surface Water Management Fund. This fund was established in 1992 as a revenue source in order to meet the "administrative, planning, ponding, mitigation, and water quality needs" of the City. It is reimbursed through assessments to new subdivisions and is also collected as property owners connect to City utilities. The schedule for this project is as follows: City Council Authorizes Plans and Specifications City Council Approves Plans and Specifications City Council Authorizes Ad for Bids City Council Awards Contract Construction Begins July 25, 2005 August 8, 2005 August 8, 2005 September 12, 2005 September, 2005 OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 05 -99 authorizing preparation of plans and specifications for the 2005 Surface Water Management project. 3. Not adopt Resolution No. 05 -99. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 05 -99 be adopted. - 1 0 8 - CITY OF LINO LAKES RESOLUTION NO. 05 -99 RESOLUTION AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS - 2005 SURFACE WATER MANAGEMENT PROJECT WHEREAS, it is proposed to perform maintenance activities on several storm water facilities, and WHEREAS, it is proposed to finance the project using Stormwater Management Funds, and WHEREAS, it is proposed to advertise for bids to construct the proposed improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City Engineer, James E. Studenski, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Adopted by the Lino Lakes City Council this 25th day of July, 2005. John J. Bergeson, Mayor Ann J. Blair, City Clerk AGENDA ITEM 6G STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: July 25, 2005 TOPIC: Resolution No. 05 -100, Accepting Feasibility Report and Calling for a Public Hearing, Lois Lane Utility Improvement Project. VOTE REQUIRED: Simple Majority BACKGROUND: The Mar Don Acres area has had previous interest in extending City utilities along Lois Lane. Several neighborhood meetings were held without consensus of the residents. In 2003, the Hailey Manor Subdivision project (east end of Mar Don Acres) was approved and MUSA was allocated to this area. A neighborhood meeting was held on December 15, 2003 in a follow up to a petition received from five residents west of Hailey Manor. The attendees were curious about the utility extension but did not want to pursue the utility extension any further. The City has received a petition from Tim Anderson at 547 Lois Lane requesting the extension of City utilities to his property and stating his neighbor to the west is also interested. The feasibility study, ordered by the City Council, has been completed. The next step in the process will be to accept the feasibility study and hold a Public Hearing on August 22, 2005 for the proposed improvements. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution No. 05 -100, Accepting the Feasibility Report and Calling for a Public Hearing for Lois Lane Utility Improvement Project. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution No. 05 -100 be adopted. CITY OF LINO LAKES RESOLUTION NO. 05 -100 RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING — LOIS LANE UTILITY IMPROVEMENT PROJECT WHEREAS, pursuant to resolutions of the Council adopted May 23, 2005, a study has been prepared by the City Engineer for Lois Lane by constructing street, storm sewer, sanitary sewer,and watermain, and this report was received by the Council on July 25, 2005, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, WHEREAS, the City proposes to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota States, Chapter 429, and Chapter 8 of the Lino Lakes City Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City Engineer is designated as the engineer for this improvement and he is directed to call for a public hearing for the Lois Lane Utility Improvement Project. 2. The Council will consider the improvement of such street and utilities in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total construction cost of the improvement of $325,000.00. 3. A public hearing shall be held on such proposed improvement on the 22nd day of August, 2005 in the Council chambers of the City Hall at 6:30 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the Lino Lakes City Council this 25th day of July, 2005. John J. Bergeson, Mayor Ann Biair, City Clerk TKDA ENGINEERS • ARCHITECTS • PLANNERS July 14, 2005 Honorable Mayor and City Council Members City of Lino Lakes, Minnesota Re: Feasibility Report Lois Lane Utility and Street Improvements City of Lino Lakes, Minnesota TKDA Project No. 13455.000 Dear Mayor and City Council Members: 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101.2140 (651) 292-4400 (651) 292 -0083 Fax www.tkda.com As directed at the May 23, 2005, City Council meeting, this Feasibility Report has been prepared. Background The City received an adequate petition for sanitary sewer and water on Lois Lane, lying west of Hailey Manor. This Report covers the feasibility of making these improvements to the eight (8) properties along this section of street. Neighborhood meetings have been held on this project in the past, and are the basis for the property owners petitioning for this project. This property is in the Mar Don Acres subdivision, and is partially within the MUSA boundary. The City has designated MUSA for this area when the Hailey Manor project was approved. Proposed Improvements 1. Sanitary Sewer 8 -inch sanitary sewer would be extended from Hailey Manor westerly approximately 400 feet. The gravity sewer cannot be extended any further to the west because the sewer would lose cover due to the ground elevation dropping. Properties further to the west on this street would be served with a forcemain. Each home on the forcemain would need to install a grinder pump. There would be 5 lots served by gravity sewer and 3 lots on grinder pumps. Depending on the installation, a grinder pump will cost from $2,500.00 to 6,000.00. Because the lots in this area could be split, we are recommending that additional services be installed at this time to facilitate future connections. Sewer cannot be extended further south due to lack of cover, and the property is outside of the MUSA boundary. An Employee Owned Company. _ 11 2 _firmative Action and Equal Opportunity Honorable Mayor and City Council City of Lino Lakes, Minnesota Lois Lane Utility and Street Improvements July 14, 2005 Page 2 Each lot would have either a 4 -inch gravity service or a 2 -inch pressure service extended to it. 2. Watermain 8 -inch watermain would be extended from Hailey Manor westerly approximately 730 feet. Each lot would have a 1 -inch copper service extended to it. Two hydrants would be installed. A watermain sub to the south would be built for future extension. 3. Street and Storm Sewer It is recommended installing a standard City street along with the utility improvements. This would be consistent with Hailey Manor. A 32 -foot wide street with surmountable concrete curb and gutter is proposed. Grades would generally match the existing road. As properties are subdivided, they will address impervious surface impacts. Maintenance Impact No unusual maintenance concerns are expected as a result of these improvements. The project would be constructed using the City of Lino Lakes standard drawings for utility construction. Project Cost Enclosed are detailed estimates of the construction costs for the project. The costs are estimated on recent projects in the City of Lino Lakes, and assume installation of the improvements would begin in the spring of 2006. Item Cost Sanitary Sewer $ 50,570.00 Watermain $ 43,370.00 Streets $ 124,320.00 Subtotal $ 218,260.00 Contingencies (10 %) $ 21,826.00 Subtotal $ 240,086.00 Engineering, Legal and Administration $ 84,914.00 Total Estimated Project Cost Easements $ 325,000.00 Honorable Mayor and City Council City of Lino Lakes, Minnesota Lois Lane Utility and Street Improvements July 14, 2005 Page 3 Easements No easements are required. Permits Sanitary Sewer Extension Minnesota Pollution Control Agency Watermain Minnesota Department of Health Erosion Control Coon Creek Watershed District Minnesota Pollution Control Dewatering Minnesota Department of Natural Resources Financing This project will be 100% assessed to the benefiting properties. Trunk Charges The City would assess the following Trunk charges as part of the assessments for this project: Trunk Sewer Area Charge Area Charge Unit Charge $2,520.00/ Acre $1,095.00/Unit Trunk Watermain Area Charge Area Charge Unit Charge $2,690.00 /Acre $1,765.00/Unit The estimated construction assessment for this Project for lots served by gravity sanitary sewer is $19,580.38 per unit. The estimated construction assessment for this Project for lots served by the forcemain is $18,456.60 per unit. Individual property assessments are enclosed. Honorable Mayor and City Council City of Lino Lakes, Minnesota Lois Lane Utility and Street Improvements July 14, 2005 Page 4 Conclusion The installations of the improvements considered in this report are considered feasible from an engineering standpoint. The economic feasibility is to be determined by the City Council and residents proposed to be assessed. Recommendation The City should proceed with the improvements as proposed. Thomas D. Prew, ' .E. Proj ect Manager TDP:art Enclosures ENGINEER'S ESTIMATE OF PROBABLE COST FEASIBILITY REPORT LOIS LANE UTILITY EXTENSION STREET, STORM SEWER, SANITARY SEWER, AND WATERMAIN CITY OF LINO LAKES, MINNESOTA TKDA PROJECT NO. 13455.000 ITEM ITEM Sanitary Sewer - Gravity 1 MOBILIZATION 2 CONNECT TO EXISTING SEWER STUB 3 SANITARY SEWER MANHOLE 4 8" PVC SEWER PIPE 5 4" PVC SANITARY SEWER SERVICE 6 8 "X4" WYE Subtotal ITEM ITEM Sanitary Sewer - Forcemain 1 MOBILIZATION 2 3" PVC FORCEMAIN 3 2" PVC PRESSURE SERVICE 4 3 "X2 "TEE Subtotal UNIT QUANTITY UNIT PRICE TOTAL LS 1 EA 1 EA 3 LF 400 LF 300 EA 10 $ 20,000.00 $ $ 500.00 $ $ 2,000.00 $ $ 25.00 $ $ 12.00 $ $ 100.00 $ UNIT QUANTITY UNIT PRICE 11,765.00 500.00 6,000.00 10,000.00 3,600.00 1,000.00 $ 32,865.00 TOTAL LS LF LF EA 1 $ 20,000.00 $ 330 $ 20.00 $ 210 $ 12.00 $ 7 $ 50.00 $ Watermain 1 CONNECT TO EXISTING WATERMAIN STUB 2 8" DIP WM PIPE CL 52 3 6" DIP WM PIPE CL 52 4 DIP WATERMAIN FITTINGS 5 8" GATE VALVE 6 6" GATE VALVE 7 HYDRANT 8 CURB STOP 9 1" CORPORATION STOP 10 1" COPPER WATER SERVICE TYPE K Subtotal Streets and Restoration 1 REMOVE BIT. PAVEMENT 2 REMOVE CONC. CURB & GUTTER 3 REMOVE CONC. DRIVEWAY PAVEMENT 4 COMMON EXCAVATION 5 BITUMINOUS WEARING COURSE 6 BITUMINOUS BASE COURSE 7 BITUMINOUS TACK COAT 8 CLASS 5 GRAVEL BASE 9 GRANULAR BORROW 10 D412 CONCRETE CURB AND GUTTER 11 6" CONC. DWY 12 TOPSOIL & SODDING 13 SILT FENCE Subtotal EA 1 LF 750 LF 50 LBS 600 EA 2 EA 2 EA 2 EA 8 EA 17 LF 510 8,235.00 6,600.00 2,520.00 350.00 $ 17,705.00 $ 500.00 $ $ 30.00 $ $ 25.00 $ $ 3.50 $ $ 800.00 $ $ 650.00 $ $ 1,500.00 $ $ 200.00 $ $ 200.00 $ $ 12.00 $ SY 3000 $ LF 20 $ SY 25 $ CY 2620 $ TONS 240 $ TONS 320 $ GAL 150 $ TONS 1500 $ CY (CV) 2000 $ LF 1500 $ SF 200 $ SY 2500 $ LF 800 $ 500.00 22,500.00 1,250.00 2,100.00 1,600.00 1,300.00 3,000.00 1,600.00 3,400.00 6,120.00 $ 43,370.00 3.50 $ 5.00 $ 10.00 $ 6.00 $ 50.00 $ 40.00 $ 3.00 $ 15.00 $ 10.00 $ 10.00 $ 5.00 $ 4.00 $ 5.00 $ - 1 1 6 - 10,500.00 100.00 250.00 15,720.00 12,000.00 12,800.00 450.00 22,500.00 20,000.00 15,000.00 1,000.00 10,000.00 4,000.00 $ 124,320.00 I-' (O 0 0 0 (O O CO i h (O CO N N I� (_ CO � Ls) o o ui Z • 0 0 0 0 0 0 0 0 N 00000000 7 O LC0) O O 0 0 o M O m M m M M (o to N In Lt) I� M M M r 7 W 0 • Z Zs D -64 in- 696969& 363.663 Z Cc W Q Z C • C F- N Q C y O 6 W O`) 82-go (0 OQ1'J°6 • 0 0 0 0 0 0 0 0 O LC) 11) 0 0 0 0 to Q 0 to n n In Ln In Ln V V V 7 ctP h <5,C Ct-1. O O co co. co M Co Q M N r N N r r r r W (p Q W CC • 69 69 69 _ 69 69 69 69 W- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O to (C) 0 0 0 0 Lfl cc cc z << °'NNmo)O)r0 I- U N M via N N N m r Q F-O Zy3 69 69 63 663 69 69 69 693 W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 > - 0 0 0 0 0 0 0 0 o m M O o (o O M Q • Q N M CO N N N r r r r r r r Z U • Q W Q 69.69-(9.69-6969.69.69 V) h lb ost000mom 0 V) r M M M (n 0 0 0 Z (O 7 O (O O W (1) I� M CA r r to 0 Q °)*) ( i.o lm COO COO M M to-69-69-69-69-6.9-6,9-69- F' o O O O O O O Z h 0 o o o o o 0 CC W IO •t N (ti Lc; (0 ((0 (1°0 LL N N Z ▪ N M M N N N N r ADDRESS 3 3 0 3 3 O CD O 0 O 0 c C C C C c C c J 0 J J J CCI J J N N N Q7 N N (n N N J 2 J J J J J O CA ( 0 O r M N I\ M (O M CO N M V (I) In C, r.- l° l0 In In lC) L -J • a< .00 a C O E _ @ CC flh E o)-°) ci co 0 L W Z Z in Z _8= C >> `o 'O° O FW- W A o= aai o ro c >m O m u d J LL W Q> w ¢wwU - N O F- Y Z a W J J 1- Q Q N CO N CO CF In • MI--00° W 0 0 0 0 0 0 0 0 } F- Z Z J Z J O N N N N N N N N 5 m J w p d N N N N N N N N N N N N N N N N W Q W CE} 0 M m M M M M M M a U _1(00E- al 00000000 O 0 0 r- O 1507.67 $325,000.00 PROJECT NO. 13455.000 0 a zo zo N N Qr J J 0 z J o LIJ ENGINEERS•ARCNITECTS•PLANNERS to v, s r x l w �IM a 11Y2 /A3VAOOV311 699E ff 1111•0111■11 -118- 0) t) M to 11Y211. M3IAMOCINGVI 69BL St PZ 0 -119- PROJECT NO. 13455.000 LAKES, MINNESOTA O 2 JULY 14, 2005 ENGINEERS •ARCHITECTS •PLANNERS AGENDA ITEM 6H(i) STAFF ORIGINATOR: Michael Grochala CITY COUNCIL MEETING DATE: July 25, 2005 TOPIC: Consideration of Resolution No. 05 -106 Supporting Lake Drive /I -35W Application for Federal Funding ACTION REQUIRED: Simple Majority BACKGROUND The Transportation Advisory Board (TAB) to the Metropolitan Council is soliciting proposals for 2009 and 2010 projects to use federal transportation funds. The City is proposing to submit an application for the Lake Drive /I -35W improvements. Anoka County has previously submitted a Letter of Support for the project. RECOMMENDATION Staff is recommending adoption of Resolution No. 05 -106. ATTACHMENTS 1. Resolution No. 05 -106 2. Letter of Support from Anoka County City Council July 25, 2005 Federal Funding Application CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 05 -106 RESOLUTION SUPPORTNG FEDERAL SURFACE TRANSPORTATION PROGRAM FUNDING APPLICATION SUBMITTAL A resolution supporting the City of Lino Lakes' application for funds from the Surface Transportation Program (STP) to the Metropolitan Council. WHEREAS, the Twin Cities region has been allocated funds and the CSAH 23 (Lake Drive) Interchange Reconstruction Project is eligible to receive STP funds for federal grant funding, and NOW THEREFORE, BE IT RESOLVED, the City of Lino Lakes endorses the application for Federal Transportation Funds from the Metropolitan Council and fully supports the construction of said project. BE IT FURTHER RESOLVED, the City of Lino Lakes, in cooperation with Anoka County, is committed to procuring local (non - federal funds) match funds of a least 20 percent of the construction costs required as part of the Federal Transportation Grant program, and engineering and right -of -way costs necessary to construct said project. Adopted by the City Council of the City of Lino Lakes this 25th day of July, 2005. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor 7 - 121 - 07/05/2005 COUNTY OF ANOKA Public Services Division HIGHWAY DEPARTMENT 1440 BUNKER LAKE BLVD. NW, ANDOVER, MINNESOTA 55304 (763) 862 -4200 FAX (763) 862 -4201 Mr. Gordon Heitke, City Administrator City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 RE: CSAH 23 INTERCHANGE AT I -35W FEDERAL FUNDING SOLICITATION Dear Mr. Heitke: The County has been informed the City of Lino Lakes will submit a federal application for funds to reconstruct the CSAH 23 (Lake Drive NE) interchange at I -35 W. Anoka County is the agency with jurisdiction on CSAH 23 and have been cooperating with the City of Lino Lakes to improve the interchange at I -35W. The project has also been identified in our 2005 -2009 Highway Improvement Plan (HIP). Therefore, Anoka County supports this proposed project for federal funding and supports the application for funds during the current solicitation process. We believe this is an excellent candidate for STP funding and look forward to its inclusion in the program. Sincerely, Dou: as W. Fischer, P.E. Anoka County Engineer STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 6H(ii) Michael Grochala July 25, 2005 Consideration of Resolution No. 05 -107 Authorizing Final Design, Lake /I -35W Interchange Improvements Simple Majority As part of the Legacy at Woods Edge project, improvements to Lake Drive are proposed that include signalization of the Lake Drive/Town Center Parkway intersection and both interstate ramp intersections, realignment of the northbound I -35W ramp and widening of Lake Drive. Because of the significant investment in these improvements the City has been working with Anoka County and the Minnesota Department of Transportation (Mn /DOT) to evaluate opportunities to include the interchange as part of the project. In April of 2004, the City Council authorized preparation of an Interchange Study to evaluate existing conditions and the proposed ultimate improvements for Lake Drive over I -35W. City staff and SEH, Inc., the city's consulting engineer, reviewed the report with Mn /DOT and Anoka County representatives in September of 2004. Both Mn /DOT and Anoka County agreed that the best way to increase the opportunities for state and federal funding is to move forward with the project development. The City Council authorized preliminary design on December 13, 2004 (Resolution No. 04 -182. Preliminary design has been completed and includes the following: Mn /DOT and Anoka County layout approval, development of construction limits, completed environmental review documentation and preparation of the State Transportation Program (STP) funding application. A City wide open house was held on June 28, 2005. Staff is now requesting authorization to complete the final design. SEH is proposing to proceed with the final design at a not to exceed cost of $575,480. As with the preliminary design, Anoka County has agreed to fund 50% of the design costs. Anoka County is currently preparing the Joint Powers Agreement for both the preliminary and final design costs. The City's share of the cost is included within the Legacy at Woods Edge TIF plan. RECOMMENDATION City Council Lake /I -35W Interchange Final Design July 25, 2005 Regardless of the outcome of federal funding for the project, improvements to Lake Drive will need to move forward to support the Legacy at Woods Edge project. To be able to award a contract in 2006 final design work needs to begin. Staff is recommending approval of Resolution No. 05 -107. ATTACHMENTS 1. Resolution No. 05 -107 7 - 124 - City Council Lake /I -35W Interchange Final Design July 25, 2005 CITY OF LINO LAKES RESOLUTION NO. 05 -107 RESOLUTION AUTHORIZING FINAL DESIGN OF THE I -35W /LAKE DRIVE INTERCHANGE WHEREAS, improvements are proposed for Lake Drive (CSAH 23) and the I -35W ramps as part of the Legacy at Woods Edge project; and WHEREAS, it is in the best interests of the City to reconstruct the I -35W /Lake Drive Interchange in conjunction with these improvements; and WHEREAS, the City finds that preparing the final design of the interchange improvements is the best way to increase the opportunities for state and federal funding to complete the interchange improvements; and WHEREAS, in absence of state and /or federal funding for the interchange, improvements are still required to Lake Drive to facilitate development of the Legacy at Woods Edge project; and WHEREAS, Anoka County will participate in funding the final design of the Lake Drive /I35W interchange improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That the City's Consulting Engineer, SEH, is hereby authorized to prepare the final design of the Lake Drive/ I -35W Interchange improvements. Adopted by the Lino Lakes City Council this 25th day of July, 2005. Ann Blair, City Clerk John J. Bergeson, Mayor 3 -125-