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09/12/2005 Council Packet
AMENDED AGENDA CITY OF LINO LAKES Tuesday, September 13, 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) September 12, 2005 (Check No. 74629 through 74765 in the amount of $742,243.97). pg. 4 -17 ii) Centennial Fire District (Check No. 14866 through 14891 in the amount of $15,881.50). pg. 18 B) Consider Resolution 05 -128, Approving Application for Exempt Permit, PACE (Paper, Allied - Industrial, Chemical & Energy Workers International Union, Local #7 -0264 pg. 19 -20 C) Consider Approving Canvasser /Solicitor License for Clean Water Action Alliance of MN pg. 21 -25 D) Consider Approving Application for Block Party, Pelican Place pg. 26 -26A E) Consider Approving Application for Peddler /Transient Merchant License to Tap Enterprises pg. 26B -26C F) Consider Resolution No. 05 -132 Setting Truth -in- Taxation Hearing Date pg. 27A -27B) G) Consider minutes of August 17, 2005 Council Work Session H) Consider minutes of August 22, 2005 City Council Meeting Page 1 AMENDED AGENDA 2. Finance Department Report, Al Rolek A) Consider Resolution No. 05 -130 Adopting Proposed 2006 General Operating Budget pg. 28A -28B B) Consider Resolution No. 05 -131 Adopting Preliminary 2005/06 Property Tax Levy pg. 29A -29B C) Consider Resolution No. 05 -133 Providing for the Issuance and Sale of Approximately $5,550,000 Taxable General Obligation Improvement Bonds Series 2005A pg. 30 -51 D) Consider Resolution No. 05 -134 Providing for the Issuance and Sale of Approximately $3,945,000 General Obligation Improvement Refunding Bonds Series 2005B pg. 30 -51 3. Administration Department Report, Dan Tesch A) None 4. Public Safety Department Report, Dave Pecchia A) None 5. Public Services Department Report, Rick DeGardner A) None 6. Community Development Department Report, Michael Grochala A) Consideration of Resolution No. 05 -141, Approving First Amendment to Development Contract, Legacy at Woods Edge, Michael Grochala pg. 52 -64 B) Consider 2nd Reading of Ordinance No. 05 -05, Amending Sign Ordinance to address temporary signage and additional wall signs, Jeff Smyser pg. 65 -94 C) Consider 2nd Reading of Ordinance No. 07 -05, Amending Zoning Ordinance to regulate exterior building materials for commercial, industrial and institutional structures, Jeff Smyser pg. 95 -98 D) Public Hearing, Consider 1St Reading of Ordinance 08 -05, Vacating Street and Utility Easement, Rice Lake Professional Center, Paul Bengtson pg. 99 -105 Page 2 AMENDED AGENDA E) Consideration of Resolution No. 05 -138, Approving Joint Powers Agreement with Anoka County, I -35W /Lake Drive Preliminary Design Cost Share, Michael Grochala pg. 106 -118 F) Consideration of Resolution No. 05 -139, Calling for Election, 2007 Street Reconstruction Project (West Shadow Lake Drive Area), Michael Grochala pg. 119A -119F G) Consideration of Resolution No. 05 -135, Accepting Petition Against Improvements, Shenandoah Area, Jim Studenski pg. 120 -125 H) Consideration of Resolution No. 05 -136, Approving Change Order No. 1R and Payment Request No. 6R, Birch/Hodgson Street Improvements, Jim Studenski pg. 126 -132 I) Consideration of Resolution No. 05 -137, Accepting Bids and Awarding Construction Contract, 2005 Surface Water Management Project, Jim Studenski pg. 133 -137 J) Consideration of Resolution No. 05 -140, Accepting Metropolitan Council Conditions for Receipt of $450,000 LCA Demonstration Grant, Michael Grochala pg. 138 -141 7. Unfinished Business A) None. 8. New Business A) None. 9. Community Calendar, September 13, 2005 through September 26, 2005: A) Planning & Zoning Board Meeting, Wednesday, September 14, 2005, 6:30 p.m. B) Council Work Session, Wednesday, September 21, 2005, 5:30 p.m. C) City Council Meeting, Monday, September 26, 2005, 6:30 p.m. 10. Adjourn Page 3 EXPANDED AGENDA CITY OF LINO LAKES Tuesday, September 13, 2005 Council Chambers City Council meeting 6:30 p.m. (6:35 p.m.) (Scheduled to be broadcast on Channel 16) - Open Mike - Call to Order and Roll Call - ALL PRESENT. Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items ITEMS 1G & 1H WERE REMOVED FROM THE AGENDA 1. Consent Agenda - A) Consideration of Expenditures: i) September 12, 2005 (Check No. 74629 through 74765 in the amount of $742,243.97). pg. 4 -17 ii) Centennial Fire District (Check No. 14866 through 14891 in the amount of $15,881.50). pg. 18 B) Consider Resolution 05 -128, Approving Application for Exempt Permit, PACE (Paper, Allied - Industrial, Chemical & Energy Workers International Union, Local #7 -0264 pg. 19 -20 C) Consider Approving Canvasser /Solicitor License for Clean Water Action Alliance of MN pg. 21 -25 D) Consider Approving Application for Block Party, Pelican Place pg. 26 -26A E) Consider Approving Application for Peddler /Transient Merchant License to Tap Enterprises pg. 26B -26C F) Consider Resolution No. 05 -132 Setting Truth -in- Taxation Hearing Date pg. 27A -27B) G) Consider minutes of August 17, 2005 Council Work Session (REMOVED) Page 1 EXPANDED AGENDA H) Consider minutes of August 22, 2005 City Council Meeting (REMOVED) MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER DAHL FOR APPROVAL OF CONSENT AGENDA ITEMS lAi, Aii, B, C, D, E, AND F. THE MOTION PASSED UNANIMOUSLY. 2. Finance Department Report, Al Rolek A) Consider Resolution No. 05 -130 Adopting Proposed 2006 General Operating Budget pg. 28A -28B MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER REINERT, FOR ADOPTION OF RESOLUTION NO. 05 -130 AS RECOMMENDED BY STAFF. MOTION CARRIED UNANIMOUSLY. B) Consider Resolution No. 05 -131 Adopting Preliminary 2005/06 Property Tax Levy pg. 29A -29B MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO. 05 -131 AS RECOMMENDED BY STAFF. MOTION CARRIED UNANIMOUSLY. C) Consider Resolution No. 05 -133 Providing for the Issuance and Sale of Approximately $5,550,000 Taxable General Obligation Improvement Bonds Series 2005A pg. 30 -51 MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO. 05 -133 AS RECOMMENDED BY STAFF. MOTION CARRIED UNANIMOUSLY. D) Consider Resolution No. 05 -134 Providing for the Issuance and Sale of Approximately $3,945,000 General Obligation Improvement Refunding Bonds Series 2005B pg. 30 -51 MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER CARLSON, FOR ADOPTION OF RESOLUTION NO. 05-134 AS RECOMMENDED BY STAFF. MOTION CARRIED UNANIMOUSLY. 3. Administration Department Report, Dan Tesch A) None Page 2 EXPANDED AGENDA 4. Public Safety Department Report, Dave Pecchia A) None 5. Public Services Department Report, Rick DeGardner A) None 6. Community Development Department Report, Michael Grochala A) Consideration of Resolution No. 05 -141, Approving First Amendment to Development Contract, Legacy at Woods Edge, Michael Grochala pg. 52 -64 MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO. 05 -141 AS RECOMMENDED BY STAFF. MOTION CARRIED UNANIMOUSLY. B) Consider 2nd Reading of Ordinance No. 05 -05, Amending Sign Ordinance to address temporary signage and additional wall signs, Jeff Smyser pg. 65 -94 MOTION BY COUNCIMEMBER DAHL, SECONDED BY COUNCILMEMBER REINERT, TO TABLE THIS ITEM. MOTION CARRIED UNANIMOUSLY. Consider 2nd Reading of Ordinance No. 07 -05, Amending Zoning Ordinance to regulate exterior building materials for commercial, industrial and institutional structures, Jeff Smyser pg. 95 -98 MOTION BY COUNCIMEMBER CARLSON, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF SECOND READING OF ORDINANCE NO. 07-05 AS RECOMMENDED BY STAFF. UPON ROLL CALL VOTE, MOTION CARRIED UNANIMOUSLY. C) Public Hearing, Consider 1St Reading of Ordinance 08 -05, Vacating Street and Utility Easement, Rice Lake Professional Center, Paul Bengtson pg. 99 -105 MAYOR BERGESON OPENED THE PUBLIC HEARING ON THIS ITEM. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK. MOTION BY DAHL, SECONDED BY CARLSON TO CLOSE THE PUBLIC HEARING ON THIS ITEM. Page 3 EXPANDED AGENDA MOTION BY COUNCIMEMBER STOLTZ, SECONDED BY COUNCILMEMBER REINERT, FOR ADOPTION OF FIRST READING OF ORDINANCE NO. 08-05 AS RECOMMENDED BY STAFF. UPON ROLL CALL VOTE, MOTION CARRIED UNANIMOUSLY. D) Consideration of Resolution No. 05 -138, Approving Joint Powers Agreement with Anoka County, I- 35W/Lake Drive Preliminary Design Cost Share, Michael Grochala pg. 106 -118 MOTION BY COUNCILMEMBER CARLSON, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05- 138 AS RECOMMENDED BY STAFF. MOTION CARRIED UNANIMOUSLY E) Consideration of Resolution No. 05 -139, Calling for Election, 2007 Street Reconstruction Project (West Shadow Lake Drive Area), Michael Grochala pg. 119A -119F MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO. 05 -139 AS RECOMMENDED BY STAFF. MOTION CARRIED UNANIMOUSLY F) Consideration of Resolution No. 05 -135, Accepting Petition Against Improvements, Shenandoah Area, Jim Studenski pg. 120 -125 MOTION BY COUNCILMEMBER CARLSON, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05- 135 AS RECOMMENDED BY STAFF. MOTION CARRIED UNANIMOUSLY G) Consideration of Resolution No. 05 -136, Approving Change Order No. 1R and Payment Request No. 6R, Birch/Hodgson Street Improvements, Jim Studenski pg. 126 -132 MOTION BY COUNCILMEMBER BERGESON, SECONDED BY COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO. 05 -136 AS RECOMMENDED BY STAFF. MOTION CARRIED UNANIMOUSLY H) Consideration of Resolution No. 05 -137, Accepting Bids and Awarding Construction Contract, 2005 Surface Water Management Project, Jim Studenski pg. 133 -137 Page 4 EXPANDED AGENDA MOTION BY COUNCILMEMBER CARLSON, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05- 137 AS RECOMMENDED BY STAFF. MOTION CARRIED I) Consideration of Resolution No. 05 -140, Accepting Metropolitan Council Conditions for Receipt of $450,000 LCA Demonstration Grant, Michael Grochala pg. 138 -141 MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER BERGESON, FOR ADOPTION OF RESOLUTION NO. 05 -130 AS RECOMMENDED BY STAFF. MOTION CARRIED UNANIMOUSLY 7. Unfinished Business A) None. 8. New Business A) None. 9. Community Calendar, September 13, 2005 through September 26, 2005: A) Planning & Zoning Board Meeting, Wednesday, September 14, 2005, 6:30 p.m. B) Council Work Session, Wednesday, September 21, 2005, 5:30 p.m. C) City Council Meeting, Monday, September 26, 2005, 6:30 p.m. 10. Adjourn MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER STOLTZ TO ADJOURN THE MEETING AT 9:25 P.M. MOTION CARRIED UNANIMOUSLY Page 5 AGENDA ECONOMIC DEVELOPMENT AUTHORITY MONDAY SEPTEMBER 12, 2005 6:00 P.M. 1. Call to Order and Roll Call 2. Consideration of Minutes of February 28, 2005 (TO FOLLOW) 3. Consideration of Resolution No. 05 -02 Approving Amendment to the Contract for Private Development between the Lino Lakes Economic Development Authority, City, and Harford Development, Inc. 4. Adjourn STAFF ORIGINATOR: EDA MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 3 Michael Grochala September 12, 2005 Consideration of Resolution No. 05 -02 Approving First Amendment to Contract for Private Development. Legacy at Woods Edge Simple Majority In October of 2004 the City Council approved the Contract for Private Development between the Economic Development Authority (EDA), City and Hartford Development, Inc., for the Legacy at Woods Edge project. Hartford Development closed on the City owned property and the Tagg property in December of 2004. Under Section 3.5 of the Contract referenced above, the EDA agreed to disburse $1,700,000 to the "Development Property Owner" (an entity related to Hartford Development, Inc.) under certain terms and conditions. Disbursement was a two -step process: the funds were to be placed with an escrow agent after (among other things), the City had approved a preliminary plat for the first townhome development. Then, funds would be disbursed to the Development Property Owner when the City had issued the first building permit for the townhomes, and the parties executed Assessment Agreement setting minimum market values for the townhomes in an amount sufficient to generate tax increment needed to repay the full $1,700,000 interfund loan. Since that time, the original townhome proposal has been withdrawn, and Hartford is working towards City approval of a mixed -use development as the first phase, including 60 units of workforce rental housing with associated commercial space and a separate hotel facility. The current schedule calls for council consideration of the site plan and final plat for that development on October 12. The other key change since the date of the Contract is that the City has received a Met Council grant in the amount of $750,000, which will reduce the Interfund Loan of City funds by that amount. Hartford has now requested that the Contract be amended to permit different terms for dispersal of the $1.7 million. The reason for this request is that Hartford purchased the "TIF Parcel" from Tagg under a note and mortgage, which Hartford expected to pay with proceeds of the Interfund Loan (assuming the conditions described above would be met, given the expected townhome development). When the townhome development Economic Development Authority Amendment to Development Contract - Legacy September 12, 2005 did not occur as planned, the Interfund Loan was not disbursed, and the mortgage on the TIF parcel held by Tagg is now in default. The proposed amendment provides an alternative disbursing procedure, summarized as follows: 1. $750,000 from the Met Council grant would be disbursed immediately after approval of the Contract amendment, so long as Development Property Owner secures a "forbearance agreement" from Tagg. That is, Tagg would agree not to take significant mortgage foreclosure actions before December 31, 2005 (except as described below). 2. If the site plan and final plat is approved by October 15, 2005, the EDA would disburse the balance of $950,000 on that date, so long as Development Property owner has delivered Assessment Agreements that set a minimum market value needed to generate enough Tax Increment to repay the Interfund Loan. This is similar to the original Contract terms, except that the Interfund Loan amount has been reduced from $1.7 million to $950,000, and the requirement for a building permit has been omitted. If this occurs, the Tagg mortgage would be satisfied, and the development would proceed as under the original Contract. 3. If the site plan and final plat are not approved by October 15, the EDA would nevertheless disburse $400,000 of the Interfund Loan on that date. However, this amount would be a forgivable loan, repayable if the site plan and plat approvals do not occur by April 30, 2006. Also, the City would have a third mortgage, and assessment agreements must be in place to cover the full $950,000. The Tagg forbearance agreement would remain in effect through December 31, 2005. However, if the conditions for this partial disbursement are not met (e.g., Assessment Agreements are not in place), the Tagg forbearance agreement may terminate on October 15 and Tagg may proceed with foreclosure. 4. If the partial disbursement is made on October 15, but the site plan and plat are not approved by April 30, 2006, the Developer will have defaulted on the obligation to commence construction by that date and the EDA will have all the remedies under the Contract (including the option to terminate). RECOMMENDATION While proposed changes represent a departure from the original requirements staff is confident that the city's position is adequately secured. The addition of the $750,000 from Met Council significantly reduces the City's upfront contribution with the remaining $950,000 provided from the proceeds of the sale of land to Hartford. Project development is underway and several requirements of the agreement have been addressed including the removal of all the buildings on the Tagg parcel. Mass grading Economic Development Authority Amendment to Development Contract - Legacy September 12, 2005 operations have been completed and public improvements will commence within the week. More importantly the proposed changes will keep the project moving forward. Staff is recommending approval of Resolution No. 05 -02. ATTACHMENTS 1. Resolution No. 05 -02 2. First Amendment to Contract Economic Development Authority Amendment to Development Contract - Legacy September 12, 2005 LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 05 -02 RESOLUTION APPROVING A FIRST AMENDMENT TO CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN THE LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF LINO LAKES AND LEGACY HOLDINGS /LINO LAKES, LLC BE IT RESOLVED By the Board of Commissioners ( "Board ") of the Lino Lakes Economic Development Authority ( "Authority ") as follows: Section 1. Recitals. 1.01. The Authority currently administers Development District No. 1 (the "Project)" pursuant to Minnesota Statutes, Sections 469.124 to 469.134 ( "Development District Act "). 1.02. The Authority, the City of Lino Lakes ( "City ") and Legacy Holdings /Lino Lakes, LLC (the "Developer ") entered into a into a Contract for Private Development dated December 20, 2004 (the "Contract "), setting forth the terms and conditions of redevelopment of certain property within the Project, referred to generally as the Legacy at Woods Edge Project. 1.03. The parties have determined a need to amend the Contract in certain respects, and in that regard the Board has reviewed a draft First Amendment to the Contract and finds that the execution thereof and performance of the Authority's obligations thereunder are in the best interest of the City and its residents. Section 2. Authority Approval; Further Proceedings. 2.01. The First Amendment to the Contract as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Contract and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority its obligations thereunder. 4 Economic Development Authority Amendment to Development Contract - Legacy September 12, 2005 Approved by the Board of Commissioners of the Lino Lakes Economic Development Authority this 12th of September, 2005. ATTEST: Secretary 5 President Economic Development Authority Amendment to Development Contract - Legacy September 12, 2005 Second Draft September 2, 2005 FIRST AMENDMENT TO CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, made as of the 12t" day of September, 2005, by and between the LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota (the "Authority "), the CITY OF LINO LAKES, a Minnesota municipal corporation (the "City ") and HARTFORD DEVELOPMENT, INC., a Minnesota corporation (the "Developer "). WITNESSETH: WHEREAS, the City, Authority and Developer entered into a Contract for Private Development dated December 20, 2004 (the "Original Contract "), providing for redevelopment by Developer of certain property in the City and certain assistance by the Authority in such effort; and WHEREAS, in light of scheduling changes, the parties have determined a need to revise the Original Contract as further provided herein; 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. A new Section 3.5A is inserted, as follows: Section 3.5A. Disbursement of Grant and Interfund Loan (a) As of the date of this Amendment, no funds have been deposited by the City or disbursed to Development Property Owner under an Escrow Agreement as described in Section 3.5 of the Original Contract. The parties further acknowledge that, since the date of the Original Contract, the City has received a "livable communities act" grant from the Met Council in the amount of $750,000 (the "Second LCA Grant ") to fund the costs described in Section 3.5, above and beyond the grant described in Section 3.7. Accordingly, the Interfund Loan has been reduced from $1,700,000 to $950,000, and the payment schedule for such Interfund Loan will be adjusted to reflect the reduced principal amount. (b) The proceeds of the Second LCA Grant will be disbursed to Development Property Owner as reimbursement of part of the cost of acquisition of the TIF Parcel promptly upon execution of this Amendment and delivery of the agreement described in paragraph (d) below. 6 Economic Development Authority Amendment to Development Contract - Legacy September 12, 2005 (c) The proceeds of the Interfund Loan ($950,000) will be disbursed to Development Property Owner in accordance with the following terms and conditions: (i) the Development Property Owner has delivered fully executed Assessment Agreements in accordance with Section 6.3 that provide an aggregate minimum market value in at least the amount that generates Tax Increment sufficient to pay the scheduled payments when due on the Interfund Loan, as determined by the City's financial advisor; (ii) the Developer has obtained City Council approval of the site plan and final plat providing for a Rental Housing Component that includes at least 60 units of so- called "work force housing" and a Commercial Component that includes the commercial improvements described in the site plan application filed with the City on August 15, 2005 (i.e., commercial space associated with the rental housing and a separate hotel facility); (iii) if the site plan and plat approval required under clause (ii) does not occur by October 15, 2005, then on that date the Authority will disburse a portion of the Interfund Loan in the amount of $400,000, subject to the conditions that (1) Assessment Agreements are delivered in accordance with clause (i) above, ensuring Tax Increments sufficient to repay the full $950,000 amount of Interfund Loan; (2) the agreement described in paragraph (d) below remains in full force and effect; and (3) such disbursement will be made in the form of a forgivable loan secured by a third Mortgage (subordinate to the first Mortgage given by Development Property Owner to Marshall Investments Corporation dated December 24, 2004, and to the Tagg Mortgage (as defined in paragraph (d) below). The note and third Mortgage will provide that if the conditions under clause (ii) are not met by April 30, 2006, the principal amount disbursed together accrued interest at the rate of 4% is due and payable on April 30, 2006. Any documents necessary to evidence such loan and Mortgage may be executed by Authority officials subject to approval by the Authority President and Authority Executive Director, provided that execution of the agreement by those officials will be conclusive evidence of their approval. (iv) if $400,000 of the Interfund Loan is disbursed under clause (iii) above, the balance of the Interfund Loan ($550,000) will be disbursed promptly upon (1) Development Property Owner's satisfaction of the conditions in clause (ii), but no later than April 30, 2006; and (2) Development Property Owner having delivered evidence reasonably satisfactory to Authority that Development Property Owner has cured (or will cure upon application of such Interfund Loan proceeds) any outstanding default under the Tagg Mortgage. If the conditions for final disbursement have not been met by April 30, 2006, such failure will be an Event of Default subject to the Authority's remedies under Section 9.2 of the Original Contract. Economic Development Authority Amendment to Development Contract - Legacy September 12, 2005 (d) Upon or before any disbursement under paragraphs (b) or (c)(iii) of this Section 3.5A, Development Property Owner must have delivered to the Authority a written forbearance agreement between Development Property Owner and Joel and Elise Tagg ( "Tagg ") in a form reasonably satisfactory to the Authority providing that Tagg will not commence advertisement for sale or petition for receivership of the TIF Parcel under the Mortgage given by Development Property Owner to Tagg in connection with acquisition of the TIF Parcel (the "Tagg Mortgage "). Such agreement shall provide that the funds disbursed hereunder shall be paid in their entirety to Tagg as partial payment of the Tagg Mortgage. The forbearance agreement must remain in effect through December 31, 2005, except that if the conditions for disbursement under clause (c)(iii) are not and consequently no partial disbursement of Interfund Loan funds is made, the forbearance agreement may terminate on October 15, 2005. (e) The provisions of this Section 3.5A supersede in all respects Section 3.5 of the Original Contract except as the context clearly requires otherwise. 2. The Original Contract remains in full force and effect and is not modified except as expressly provided herein. 8 Economic Development Authority Amendment to Development Contract - Legacy September 12, 2005 IN WITNESS WHEREOF, the Authority and City have each caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Developer has caused this Agreement to be duly executed in its name and behalf as of the date first above written. LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2005 by and , the President and Executive Director of the Lino Lakes Economic Development Authority, on behalf of the Authority. Notary Public 9 Economic Development Authority Amendment to Development Contract - Legacy September 12, 2005 CITY OF LINO LAKES, MINNESOTA By Its Mayor By Its City Administrator STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 2005 by John Bergeson and Gordon Heitke, the Mayor and City Administrator of the City of Lino Lakes, Minnesota, on behalf of the City. Notary Public 10 Economic Development Authority Amendment to Development Contract - Legacy September 12, 2005 HARTFORD DEVELOPMENT, INC. By Its STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2005 by , the of Hartford Development, Inc., a Minnesota corporation, on behalf of the company. Notary Public 11 Economic Development Authority Amendment to Development Contract - Legacy September 12, 2005 DEVELOPMENT PROPERTY OWNER'S CONSENT The undersigned consents to the foregoing Contract for Private Development by and between the Lino Lakes Economic Development Authority, the City of Lino Lakes and Hartford Development, Inc.; provided that nothing in the consent will be construed to impose upon the Development Property Owner any obligation of the Developer thereunder. STATE OF COUNTY OF ) SS. LEGACY HOLDINGS -LL, LLC By Its The foregoing instrument was acknowledged before me this day of , 2005 by , the of Legacy Holdings -LL, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public 12 Economic Development Authority Amendment to Development Contract - Legacy September 12, 2005 LENDER'S CONSENT The undersigned consents to the foregoing First Amendment to Contract for Private Development by and between the Lino Lakes Economic Development Authority, the City of Lino Lakes and Hartford Development, Inc.; provided that nothing in the consent will be construed to impose upon the Lender any obligation of the Developer thereunder. STATE OF COUNTY OF SS. MARSHALL INVESTMENTS CORPORATION By Its The foregoing instrument was acknowledged before me this day of , 2005 by , the of Marshall Investments Corporation, a Delaware corporation, on behalf of the corporation. Notary Public I3 EXPENDITURES SEPTEMBER 12, 2005 Date: 08/25/2005 Time: 13:19:45 Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 4876 4876 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000105 UNITED PARCEL SERVICE 1 12.26 12.26 .00 .00 000132 MPELRA 1. 195.00 195.00 .00 .00 000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 274.10 274.10 .00 .00 000421 ANOKA COUNTY TREASURER 1 11,519.26 11,519.26 .00 .00 000537 CENTRAL PENSION FUND 1 2,304.00 2,304.00 .00 .00 000797 TURNER, BOB 1 140.00 140.00 .00 .00 000865 MCDONALD, CINDY 1 84.00 84.00 .00 .00 000920 BLAIR, ANN 1 57.11 57.11 .00 .00 001110 CIRCLE PINES, CITY OF 1 2,664.05 2,664.05 .00 .00 001298 DEGARDNER, RICK 1 29.16 29.16 .00 .00 001395 NEXTEL COMMUNICATIONS 1 1,127.81 1,127.81 .00 .00 002000 INTL UNION OF OPER ENGR 1 450.00 450.00 .00 .00 002230 DIVINE, MARY 1 317.68 317.68 .00 .00 002285 CONRAD, BETH 1 55.00 55.00 .00 .00 002290 MATTSON - WEISS, MICHELLE 1 39.00 39.00 .00 .00 002300 PETERSON, SHEILA 1 75.00 75.00 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 246.42 246.42 .00 .00 003091 MN NCPERS LIFE INSURANCE 1 432.00 432.00 .00 .00 003250 XCEL ENERGY 2 28,592.13 28,592.13 .00 .00 004788 SPRINT 1 58.85 58.85 .00 .00 Grand Totals: 21 48,672.83 48,672.83 .00 .00* Date: 08/31/2005 Time: 10:05:11 City of Lino Lakes .. FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 4887 4887 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Vendor # 000020 000088 000095 000100 000151 000157 000158 000210 000232 000281 000293 000364 000389 000420 000468 000478 000489 000493 000539 000541 000565 000632 Name Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N # of items Discount Net Gross Discount Lost A & L SUPERIOR SOD CO, INC. DORSCHNER, CARMEN ADVANCED GRAPHIX, INC. AID ELECTRIC SERVICE, INC. AALA ALL SEASONS RENTAL, INC. ALL STAR SPORTS, INC. AMERICAN FASTENER & SUPPLY, INC. AMERICAN IRON & SUPPLY COMPANY, INC GOETZ LANDSCAPE & IRRIGATION, INC. WIPERS AND WIPES, INC. NORTHERN AIR CORPORATION CUB FOODS ANOKA COUNTY RELIASTAR LIFE INSURANCE COMPANY ARCADE ASPHALT, INC. TDS METROCOM ASSET RECOVERY CORPORATION TARGET ASPEN MILLS, INC. WELLS FARGO BANK MINNESOTA, N.A. IRLBECK, KEVIN 1 1 1 1 1 1 2 1 1 5 4 1 1 1 1 1 1 1 3 1 1 4.31 4.31 .00 .00 45.00 45.00 .00 .00 114.50 114.50 .00 .00 67.34 67.34 .00 .00 384.00 384.00 .00 .00 75.42 75.42 .00 .00 2,860.00 2,860.00 .00 .00 10.69 10.69 .00 .00 81.50 81.50 .00 .00 159.70 159.70 .00 .00 694.98 694.98 .00 .00 2,049.88 2,049.88 .00 .00 69.50 69.50 .00 .00 62.95 62.95 .00 .00 1,484.38 1,484.38 .00 .00 2,880.00 2,880.00 .00 .00 1,275.23 1,275.23 .00 .00 1,798.27 1,798.27 .00 .00 93.04 93.04 .00 .00 103.37 103.37 .00 .00 375.00 375.00 .00 .00 1,126.44 1,126.44 .00 .00 Date: 08/31/2005 Time: 10:05:12 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Discount Vendor # Name # of items Net Gross Discount Lost 000677 PHILIP'S TREE CARE 1 1,118.25 1,118.25 .00 .00 000698 KEY LAND HOMES 1 2,500.00 2,500.00 .00 .00 000720 BLAINE, CITY OF 1 393.24 393.24 .00 .00 000768 SPORTS UNLIMITED, INC. 1 1,404.00 1,404.00 .00 .00 000770 BOYER TRUCKS, INC. 1 231.41 231.41 .00 .00 000828 JBS AUTOWORLD 1 18.99 18.99 .00 .00 000861 BEE LINE ALIGNMENT SERVICE 1 2,803.65 2,803.65 .00 .00 000879 PREFERRED ONE COMMUNITY HEALTH PLAN 1 37,065.76 37,065.76 .00 .00 000880 BRYAN ROCK PRODUCTS, INC. 1 2,049.32 2,049.32 .00 .00 000930 WILLIAM G. HAWKINS & ASSOCIATES 1 16,367.50 16,367.50 .00 .00 000946 C. P. OFFICE PRODUCTS 5 742.09 742.09 .00 .00 000990 CNH CAPITAL 1 238.07 238.07 .00 .00 000998 AGGREGATE INDUSTRIES, INC. 2 525.79 525.79 .00 .00 001000 CATCO PARTS, INC. 1 59.18 59.18 .00 .00 001014 T/C BUILDERS, INC. 1 6,500.00 6,500.00 .00 .00 001095 DAHLGREN SHARDLOW AND UBAN, INC. 1 14,539.20 14,539.20 .00 .00 001270 DALCO, INC. 1 240.48 240.48 .00 .00 001292 DEHN OIL COMPANY, INC. 1 4,777.56 4,777.56 .00 .00 001339 URS CORPORATION 1 2,667.50 2,667.50 .00 .00 001350 E. G. RUD & SONS, INC. 1 4,009.56 4,009.56 .00 .00 001390 ECM PUBLISHERS, INC 1 36.58 36.58 .00 .00 001480 HAWKINS INC. 2 8,406.47 8,406.47 .00 .00 001540 FORESTRY SUPPLIERS, INC. 1 54.41 54.41 .00 .00 001561 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 1 85.47 85.47 .00 .00 001660 GOPHER BEARING COMPANY, INC. 1 13.40 13.40 .00 .00 001709 GRAFFCO, INC. 1 92.50 92.50 .00 .00 001859 HOME DEPOT CREDIT SERVICES 1 525.70 525.70 .00 .00 Date: 08/31/2005 Time: 10:05:12 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Discount Vendor # Name # of items Net Gross Discount Lost 001860 KENNEDY AND GRAVEN, INC. 1 32.00 32.00 .00 .00 001880 HUGO FEED MILL & ELEVATOR, INC. 1 27.95 27.95 .00 .00 002120 KELLY INSURANCENTER 1 2,000.00 2,000.00 .00 .00 002200 KUSTOM SIGNALS, INC. 1 15,238.60 15,238.60 .00 .00 002245 LANG BUILDERS, INC. 1 2,500.00 2,500.00 .00 .00 002304 DEBOER, TANA 1 45.00 45.00 .00 .00 002320 LEAGUE OF MN CITIES INS TRST 2 237,508.00 237,508.00 .00 .00 002332 LIFE SAFETY SYSTEMS, INC. 1 205.00 205.00 .00 .00 002350 MIDWAY INDUSTRIAL SUPPLY CO., INC. 1 53.78 53.78 .00 .00 002373 OLSEN, ROGER E. 1 660.00 660.00 .00 .00 002387 LTG POWER EQUIPMENT, INC. 1 158.60 158.60 .00 .00 002401 RICHARDS, CINDY 1 110.00 110.00 .00 .00 002432 SCHREIER, RICHARD J. AND PATRICIA A. 1 13,920.00 13,920.00 .00 .00 002468 SCHOWALTER, BRIAN 1 85.00 85.00 .00 .00 002472 TRETTLE, HEATHER 1 5.00 5.00 .00 .00 002478 TIGERDIRECT.COM 1 2,444.68 2,444.68 .00 .00 002492 TRI -STATE PUMP & CONTROL 2 694.71 694.71 .00 .00 002513 BAILLES, JANET 1 81.00 81.00 .00 .00 002514 GOBRAN, TRACEY 1 45.00 45.00 .00 .00 002518 HINTSALA, MIKE 1 55.00 55.00 .00 .00 002554 HUBBELL, RHONA 1 45.00 45.00 .00 .00 002582 INDUSTRIAL COATINGS CO., INC. 1 16,125.00 16,125.00 .00 .00 002583 KELLING, DAVID 1 45.00 45.00 .00 .00 002584 METRO SALES INCORPORATED 2 1,332.18 1,332.18 .00 .00 002608 PASTRANA, TASHYA 1 55.00 55.00 .00 .00 002612 PETERSON, LAYNETTE 1 61.00 61.00 .00 .00 002614 RIPKEN, LISA 1 65.00 65.00 .00 .00 Date: 08/31/2005 Time: 10:05:13 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 4 Discount Vendor # Name # of items Net Gross Discount Lost 002670 SCHMIDT, TINA 1 110.00 110.00 .00 .00 002686 SCHULTZ, RACHEL 1 65.00 65.00 .00 .00 002687 SKRADDE, RENEE 1 45.00 45.00 .00 .00 002688 TEREICK, MARY 1 55.00 55.00 .00 .00 002721 B.E.M. CONSULTING 1 2,300.00 2,300.00 .00 .00 002740 MRWA 1 100.00 100.00 .00 .00 003050 MRPA 1 125.00 125.00 .00 .00 003090 NARDINI FIRE EQUIPMENT CO., INC. 1 99.78 99.78 .00 .00 003180 NEWMAN TRAFFIC SIGNS, INC. 1 344.82 344.82 .00 .00 003271 HSBC BUSINESS SOLUTIONS 1 148.99 148.99 .00 .00 003293 SKYHAWKS SPORTS ACADEMY, INC. 2 7,080.00 7,080.00 .00 .00 003300 NORTHWAY IRRIGATION /LANDSCAPING 1 142.36 142.36 .00 .00 003455 MINNESOTA DEVELOPMENTAL BASKETBALL, INC. 1 4,149.00 4,149.00 .00 .00 003524 PITNEY BOWES, INC. 1 247.78 247.78 .00 .00 003600 PRESS PUBLICATIONS, INC. 4 372.60 372.60 .00 .00 003790 DEWIDT, REBECCA 1 55.00 55.00 .00 .00 003860 RUFFRIDGE - JOHNSON, INC. 1 161.93 161.93 .00 .00 003880 SHORT - ELLIOTT - HENDRICKSON, INC. 6 81,740.47 81,740.47 .00 .00 003900 SAFETY KLEEN CORPORATION, INC. 3 246.45 246.45 .00 .00 003926 SCHWAAB, INC. 1 87.50 87.50 .00 .00 004070 REED BUSINESS INFORMATION 3 561.56 561.56 .00 .00 004120 ST. JOSEPH EQUIPMENT, INC. 1 35,121.87 35,121.87 .00 .00 004144 PERSONNEL DECISIONS INTERNATIONAL - PDI 1 750.00 750.00 .00 .00 004150 STAR TRIBUNE, INC. 2 1,280.84 1,280.84 .00 .00 004280 SUNSHINE LIGHTING COMPANY, INC. 1 117.00 117.00 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 2 1,459.39 1,459.39 .00 .00 004350 T.K.D.A. 25 133,672.33 133,672.33 .00 .00 Date: 08/31/2005 Time: 10:05:14 Vendor # Name City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Discount # of items Net Gross Discount Lost 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 4 985.60 985.60 .00 .00 004530 TURF SUPPLIES, INC. 2 2,415.02 2,415.02 .00 .00 004562 NATIONAL WATERWORKS, INC. 1 349.13 349.13 .00 .00 004606 U. S. BANK 1 1,581.25 1,581.25 .00 .00 004749 WAGNER, STEVE 1 106.45 106.45 .00 .00 004840 WINNICK SUPPLY, INC. 2 372.12 372.12 .00 .00 900305 HOMETOWN PIZZA, INC. 2 242.82 242.82 .00 .00 Grand Totals: 174 693,571.14 693,571.14 .00 .00* - 1 0 - Date: 08/31/2005 Ranges: Options: Time: 10:18:03 Operator: JAL 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) 4877 4889 Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name 74630 0 74633 74635 0 0 0 0 0 0 0 74638 0 0 0 0 0 0 0 0 74639 74640 74641 74642 0 0 74645 0 0 0 0 0 0 0 0 0 Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept Amount AMERICAN FAMILY LIFE A BAILLES, JANET CENTRAL PENSION FUND CONRAD, BETH DEBOER, TANA DEWIDT, REBECCA DORSCHNER, CARMEN E. G. RUD & SONS, INC. GOBRAN, TRACEY HINTSALA, MIKE HUBBELL, RHONA INTL UNION OF OPER ENG IRLBECK, KEVIN KELLING, DAVID KELLY INSURANCENTER KENNEDY AND GRAVEN, IN KEY LAND HOMES KUSTOM SIGNALS, INC. LANG BUILDERS, INC. LEAGUE OF MN CITIES IN MATTSON- WEISS, MICHELL MCDONALD, CINDY MN CHILD SUPPORT PAYME MN NCPERS LIFE INSURAN PASTRANA, TASHYA PETERSON, LAYNETTE PETERSON, SHEILA PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN RICHARDS, CINDY RIPKEN, LISA SCHMIDT, TINA SCHOWALTER, BRIAN SCHULTZ, RACHEL SHORT - ELLIOTT - HENDRICK SKRADDE, RENEE PAYROLL WITHHOLDING REIMBURSE PROGRAM REC PAYROLL WITHHOLDING REIMBURSE REIMBURSE REIMBURSE REIMBURSE COMCAST REIMBURSE REIMBURSE REIMBURSE PROGRAM REC PROGRAM REC PROGRAM REC PROGRAM REC PROGRAM REC PROGRAM REC PROGRAM REC PAYROLL WITHHOLDING REFUND NORTHERN LIGHTS REIMBURSE PROGRAM REC DISHONESTY BOND PANATTONI REIMB BLDG ESCROW /6546 VIOLATOR /PANEL /WHEELS /LO * * * * * * ** REIMS BLDG ESCROW /6257 W * * * * * * ** INSURANCE ALLOCATION 200 * * * * * * ** REIMBURSE PROGRAM REC * * * * * * ** REIMBURSE PROGRAM REC * * * * * * ** PAYROLL WITHHOLDING /MECK * * * * * * ** PAYROLL WITHHOLDING * * * * * * ** REIMBURSE PROGRAM REC * * * * * * ** REIMBURSE PROGRAM REC * * * * * * ** REIMBURSE PROGRAM REC HEALTH INSURANCE LIFE INSURANCE REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC RIEMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC SITE PLAN /FAIRVIEW -JULY REIMBURSE PROGRAM REC 274.10 81.00 2,304.00 55.00 45.00 55.00 45.00 4,009.56 45.00 55.00 45.00 450.00 1,126.44 45.00 1,332.00 32.00 2,500.00 10,238.60 2,500.00 158,338.00 39.00 84.00 246.42 432.00 55.00 61.00 75.00 8,024.16 1,127.42 110.00 65.00 110.00 85.00 65.00 1,432.69 45.00 Date: 08/31/2005 Time: 10:18:04 Operator: JAL Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount O T.K.D.A. E G RUD /JULY O T/C BUILDERS, INC. REIMB BLDG ESCROW /1558 M O TEREICK, MARY REIMBURSE PROGRAM REC O TIGERDIRECT.COM COMPUTER PURCHASE /SHAWN O TRETTLE, HEATHER REIMBURSE PROGRAM REC O WILLIAM G. HAWKINS & A MUNICIPAL /CRIMINAL ATTOR 74629 M XCEL ENERGY BURY OVERHEAD CABLE /E RU Total for Dept ** * * * * * * ** 71,799.92 * * * * * * ** 6,500.00 * * * * * * ** 55.00 * * * * * * ** 2,444.68 * * * * * * ** 5.00 * * * * * * ** 812.50 * * * * * * ** 20,990.44 298,239.93* O LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 PROGRAM Total for Dept 200 74647 TURNER, BOB REIMBURSE PROGRAM REC Total for Dept 202 O BLAINE, CITY OF PROGRAM REC /VERTICAL END 74650 M HOMETOWN PIZZA, INC. PIZZAS Total for Dept 205 0 B.E.M. CONSULTING PROGRAM REC O CUB FOODS COOKIES /CUPCAKES O MINNESOTA DEVELOPMENTA BASKETBALL INSTRUCTOR 0 SKYHAWKS SPORTS ACADEM PROGRAM REC /MIGHTY HAWK/ 0 SPORTS UNLIMITED, INC. PROGRAM REC /SPORTS LEAGU Total for Dept 207 O AALA PROGRAM REC /LACROSSE 0 ALL STAR SPORTS, INC. SOCCER BALLS Total for Dept 208 74632 BLAIR, ANN FLOAT SUPPLIES 74637 DIVINE, MARY FLOAT SUPPLIES 0 LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 0 PERSONNEL DECISIONS IN PERFORMANCE REVIEW /GORDO 0 TIMESAVER OFF -SITE SEC AUGUST 17 Total for Dept 401 0 74643 74644 0 0 74646 0 LEAGUE OF MN CITIES IN MPELRA NEXTEL COMMUNICATIONS PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN SPRINT STAR TRIBUNE, INC. INSURANCE ALLOCATION REGISTRATION /DAN T MONTHLY SERVICE /JULY HEALTH INSURANCE LIFE INSURANCE MONTHLY SERVICE /JULY ADVERTISING /CITY CLERK Total for Dept 402 881.00 881.00* ADULT SP 140.00 140.00* SPECIAL 393.24 SPECIAL 210.87 604.11* YOUTH IN 2,300.00 YOUTH IN 23.96 YOUTH IN 4,149.00 YOUTH IN 7,080.00 YOUTH IN 1,404.00 14,956.96* YOUTH SP 384.00 YOUTH SP 2,860.00 3,244.00* MAYOR /CO 57.11 MAYOR /CO 317.68 MAYOR /CO 3,004.00 MAYOR /CO 750.00 MAYOR /CO 707.10 4,835.89* 200 ADMINIST 488.00 ADMINIST 195.00 ADMINIST 44.99 ADMINIST 2,024.92 ADMINIST 23.75 ADMINIST 58.85 ADMINIST 1,280.84 4,116.35* 0 ECM PUBLISHERS, INC LEGAL FILING ELECTION 0 LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 ELECTION 0 PRESS PUBLICATIONS, IN NOTICE OF FILING ELECTION Total for Dept 403 36.58 15.00 69.00 120.58* Date: 08/31/2005 Time: 10:18:04 Operator: JAL Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 CABLE Total for Dept 404 0 LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 74644 NEXTEL COMMUNICATIONS MONTHLY SERVICE /JULY 0 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 406 SENIORS SENIORS SENIORS 0 LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 FINANCE O PREFERRED ONE COMMUNIT HEALTH INSURANCE FINANCE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE FINANCE Total for Dept 407 3.00 3.00* 64.00 46.06 4.75 114.81* 326.00 770.09 14.97 1,111.06* 0 WILLIAM G. HAWKINS & A MUNICIPAL /CRIMINAL ATTOR LEGAL CO 14,650.00 Total for Dept 414 0 LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 ECONOMIC 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE ECONOMIC 0 RELIASTAR LIFE INSURAN LIFE INSURANCE ECONOMIC Total for Dept 415 O LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE O RELIASTAR LIFE INSURAN LIFE INSURANCE 0 SHORT - ELLIOTT - HENDRICK GIS /JULY 0 TIMESAVER OFF -SITE SEC AUGUST 10 Total for Dept 416 0 T.K.D.A. MEETINGS /JULY Total for Dept 417 200 PLANNING PLANNING PLANNING PLANNING PLANNING O LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 74644 NEXTEL COMMUNICATIONS MONTHLY SERVICE /JULY O PREFERRED ONE COMMUNIT HEALTH INSURANCE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 418 0 0 0 0 0 74644 0 0 0 0 74648 0 74649 ADVANCED GRAPHIX, INC. ASPEN MILLS, INC. JBS AUTOWORLD LEAGUE OF MN CITIES IN METRO SALES INCORPORAT NEXTEL COMMUNICATIONS PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN TARGET TDS METROCOM UNITED PARCEL SERVICE WAGNER, STEVE XCEL ENERGY DECALS PATCHES CAR WASHES INSURANCE ALLOCATION 200 COPIER OVERAGE MONTHLY SERVICE /JULY HEALTH INSURANCE LIFE INSURANCE FILM MONTHLY SERVICE /JULY DELIVERY SERVICE REIMBURSE BATTERIES FOR MONTHLY SERVICE /JULY 14,650.00* 94.00 352.18 4.75 450.93* 251.00 704.36 9.50 869.45 278.50 2,112.81* ENGINEER 15,867.99 15,867.99* COMM DEV COMM DEV COMM DEV COMM DEV POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE 353.00 14.01 660.28 9.50 1,036.79* 114.50 103.37 18.99 20,762.00 237.18 426.68 12,835.80 142.50 93.04 734.11 12.26 106.45 3.14 Date: 08/31/2005 Time: 10:18:04 Operator: JAL Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount Total for Dept 420 O PREFERRED ONE COMMUNIT HEALTH INSURANCE O RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 421 O LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 74644 NEXTEL COMMUNICATIONS MONTHLY SERVICE /JULY O PREFERRED ONE COMMUNIT HEALTH INSURANCE O RELIASTAR LIFE INSURAN LIFE INSURANCE O T.K.D.A. BUILDING PERMITS /JULY Total for Dept 422 0 74631 0 0 0 0 74644 0 0 0 0 0 0 74649 AGGREGATE INDUSTRIES, ANOKA COUNTY TREASURER ARCADE ASPHALT, INC. KUSTOM SIGNALS, INC. LEAGUE OF MN CITIES IN NEWMAN TRAFFIC SIGNS, NEXTEL COMMUNICATIONS PHILIP'S TREE CARE PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN T.A. SCHIFSKY AND SONS TDS METROCOM WINNICK SUPPLY, INC. XCEL ENERGY WINTER SALT SIGNAL MAINTENANCE /4TH Q ROLLING HILLS STREET OVE VIOLATOR /PANEL /WHEELS /LO INSURANCE ALLOCATION 200 SPEED LIMIT SIGNS MONTHLY SERVICE /JULY SPRAYING WEEDS HEALTH INSURANCE LIFE INSURANCE ASPHALT MONTHLY SERVICE /JULY SAW MONTHLY SERVICE /JULY Total for Dept 430 O AMERICAN FASTENER & SU O BEE LINE ALIGNMENT SER O BOYER TRUCKS, INC. 0 CATCO PARTS, INC. O CNH CAPITAL O DEHN OIL COMPANY, INC. O EMERGENCY AUTOMOTIVE T O GRAFFCO, INC. 0 HSBC BUSINESS SOLUTION 0 LEAGUE OF MN CITIES IN O LTG POWER EQUIPMENT, I 0 MIDWAY INDUSTRIAL SUPP 0 PREFERRED ONE COMMUNIT 0 RELIASTAR LIFE INSURAN 0 RUFFRIDGE - JOHNSON, INC O ST. JOSEPH EQUIPMENT, 0 WINNICK SUPPLY, INC.. 35,590.02* FIRE 1,802.06 FIRE 14.25 1,816.31* BUILDING 531.00 BUILDING 77.29 BUILDING 2,266.74 BUILDING 16.62 BUILDING 2,568.02 5,459.67* EYLETS PINS /SEALS /LINKS /SPINDLE PARTS FITTING /HOSE TIE - ROD /SEAL GASOHOL FLASHER /SWITCH HOSE /BREAKAWAY TIRE /JACK /TUBE INSURANCE ALLOCATION 200 BRAKE SHAFT /COUPLER FILTER HEALTH INSURANCE LIFE INSURANCE BODY OUTLET ELBOW /O -RING SKID STEER /ATTACHMENTS /S SAW Total for Dept 431 STREETS 525.79 STREETS 11,519.26 STREETS 2,880.00 STREETS 5,000.00 STREETS 5,918.00 STREETS 344.82 STREETS 62.37 STREETS 1,118.25 STREETS 1,949.89 STREETS 34.90 STREETS 1,459.39 STREETS 155.64 STREETS 342.93 STREETS 3,727.39 35,038.63* FLEET 10.69 FLEET 2,803.65 FLEET 231.41 FLEET 59.18 FLEET 238.07 FLEET 4,777.56 FLEET 85.47 FLEET 92.50 FLEET 148.99 FLEET 8,769.00 FLEET 158.60 FLEET 53.78 FLEET 646.83 FLEET 5.46 FLEET 161.93 FLEET 34,121.87 FLEET 29.19 52,394.18* O C. P. OFFICE PRODUCTS PAPER GOVERNME 742.09 74634 CIRCLE PINES, CITY OF MONTHLY SERVICE /JULY GOVERNME 2,634.81 Date: 08/31/2005 Time: 10:18:04 Operator: JAL Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount O DALCO, INC. DISPENSER O HOME DEPOT CREDIT SERV HOOK /BULBS /BUSHING /GLOVE O INDUSTRIAL COATINGS CO MATERIAL O KELLY INSURANCENTER DISHONESTY BOND O LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 O LIFE SAFETY SYSTEMS, I TROUBLESHOOT HORN /STROBE O METRO SALES INCORPORAT COPIER OVERAGE 0 NARDINI FIRE EQUIPMENT MAINTENANCE /INSPECTION 74644 NEXTEL COMMUNICATIONS MONTHLY SERVICE /JULY O NORTHERN AIR CORPORATI CHECK BUILDING OPERATION O OLSEN, ROGER E. BLOCK /BRACKET O PITNEY BOWES, INC. POSTAGE METER RENTAL /OCT 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE 0 SCHWAAB, INC. RUBBER STAMP 0 SUNSHINE LIGHTING COMP FLUORESCENT BULBS 0 TDS METROCOM MONTHLY SERVICE /JULY 0 WIPERS AND WIPES, INC. MOP HANDLE /BRUSH Total for Dept 432 0 0 0 74634 74636 0 0 0 74644 0 0 0 0 74649 0 0 0 74644 0 0 A & L SUPERIOR SOD CO, ALL SEASONS RENTAL, IN BRYAN ROCK PRODUCTS, I CIRCLE PINES, CITY OF DEGARDNER, RICK HUGO FEED MILL & ELEVA LEAGUE OF MN CITIES IN MRPA NEXTEL COMMUNICATIONS PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN ST. JOSEPH EQUIPMENT, TURF SUPPLIES, INC. XCEL ENERGY SOD SOD CUTTER RENTAL DIAMOND AGGREGATE MONTHLY SERVICE /JULY MILEAGE COMPRESSION SLEEVE /ISOLA INSURANCE ALLOCATION 200 REGISTRATION /RICK D MONTHLY SERVICE /JULY HEALTH INSURANCE LIFE INSURANCE SKID STEER /ATTACHMENTS /S SUPPLIES MONTHLY SERVICE /JULY Total for Dept 450 CUB FOODS HOMETOWN PIZZA, INC. LEAGUE OF MN CITIES IN NEXTEL COMMUNICATIONS PREFERRED ONE COMMUNIT COOKIES /CUPCAKES PIZZA INSURANCE ALLOCATION MONTHLY SERVICE /JULY HEALTH INSURANCE RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 451 GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS RECREATI RECREATI 200 RECREATI RECREATI RECREATI RECREATI 0 LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 ENVIRONM 74644 NEXTEL COMMUNICATIONS MONTHLY SERVICE /JULY ENVIRONM 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE ENVIRONM 0 RELIASTAR LIFE INSURAN LIFE INSURANCE ENVIRONM Total for Dept 461 240.48 185.04 16,125.00 618.00 29,247.00 205.00 1,095.00 99.78 12.77 2,049.88 660.00 247.78 352.18 4.75 87.50 117.00 242.84 694.98 55,661.88* 4.31 75.42 2,049.32 29.24 29.16 27.95 2,011.00 125.00 308.42 891.00 26.13 1,000.00 2,415.02 175.89 9,167.86* 45.54 31.95 624.00 15.08 1,131.26 15.20 1,863.03* 118.00 46.06 196.02 4.04 364.12* Date: 08/31/2005 Time: 10:18:04 Operator: JAL FM Entry Check # Vendor Alpha Name Page: 6 City of Lino Lakes - Invoice Payment - Approval of Bills Description O AMERICAN IRON & SUPPLY O ASSET RECOVERY CORPORA O LEAGUE OF MN CITIES IN 0 PREFERRED ONE COMMUNIT O RELIASTAR LIFE INSURAN O SAFETY KLEEN CORPORATI CONTAINER /SHEET IRON -REC RECYCLING SERVICES INSURANCE ALLOCATION 200 HEALTH INSURANCE LIFE INSURANCE RECYCLE USED OIL Total for Dept 462 O FORESTRY SUPPLIERS, IN PAINT O LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 200 O PREFERRED ONE COMMUNIT HEALTH INSURANCE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 463 Dept SOLID WA SOLID WA SOLID WA SOLID WA SOLID WA SOLID WA Amount FORESTRY FORESTRY FORESTRY FORESTRY 81.50 1,798.27 30.00 201.96 1.43 246.45 2,359.61* 54.41 176.00 196.02 1.66 428.09* O U. S. BANK LEASE REVENUE BOND 1998A DEBT SER 1,581.25 0 WELLS FARGO BANK MINNE ADMINISTRATION CHARGES DEBT SER 375.00 Total for Dept 470 1,956.25* 0 0 0 0 0 0 0 74644 0 0 0 0 0 74649 AID ELECTRIC SERVICE, GOETZ LANDSCAPE & IRRI HAWKINS INC. KELLY INSURANCENTER LEAGUE OF MN CITIES IN MRWA NATIONAL WATERWORKS, I NEXTEL COMMUNICATIONS NORTHWAY IRRIGATION /LA PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN SHORT - ELLIOTT - HENDRICK TDS METROCOM XCEL ENERGY HINGE MAPLE AUTUMN BLAZE ACID /CHLORINE /GASKET /VAL DISHONESTY BOND INSURANCE ALLOCATION 200 REGISTRATION /JEFF F WRENCH MONTHLY SERVICE /JULY HEADS /CLAMPS /FITTINGS /PI HEALTH INSURANCE LIFE INSURANCE RECONDITIONING 1MG TANK MONTHLY SERVICE /JULY MONTHLY SERVICE /JULY Total for Dept 494 0 GOPHER BEARING COMPANY BALL BEARING O HOME DEPOT CREDIT SERV HOOK /BULBS /BUSHING /GLOVE 0 KELLY INSURANCENTER DISHONESTY BOND 0 LEAGUE OF MN CITIES IN INSURANCE ALLOCATION 0 PREFERRED ONE COMMUNIT HEALTH INSURANCE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE O TRI -STATE PUMP & CONTR REPAIR LIFT STATION 6 74649 XCEL ENERGY MONTHLY SERVICE /JULY Total for Dept 495 0 ANOKA COUNTY 0 DAHLGREN SHARDLOW AND 0 PRESS PUBLICATIONS, IN 0 REED BUSINESS INFORMAT 0 SCHREIER, RICHARD J. A 0 SHORT - ELLIOTT - HENDRICK WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER SEWER SEWER SEWER 200 SEWER SEWER SEWER SEWER SEWER 28- 31- 22 -12- 0079 /CONVEYA AUAR RESOLUTION 05 -100 LEGAL AD /'05 SURFACE WAT UTILITY EASEMENT /CSAH 14 DESIGN /BIDDING- LEGACY AT OTHER OTHER OTHER OTHER OTHER OTHER 67.34 159.70 8,406.47 25.00 2,551.00 100.00 349.13 74.08 142.36 1,206.10 11.42 824.97 142.64 2,657.76 16,717.97* 13.40 340.66 25.00 2,954.00 853.91 11.38 694.71 1,037.51 5,930.57* 62.95 14,539.20 303.60 561.56 13,920.00 78,613.36 Date: 08/31/2005 Time: 10:18:04 Operator: JAL Page: 7 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 T.K.D.A. '05 SURFACE WATER /JULY OTHER 43,436.40 0 URS CORPORATION AUAR /JULY OTHER 2,667.50 0 WILLIAM G. HAWKINS & A MUNICIPAL /CRIMINAL ATTOR OTHER 905.00 Total for Dept 499 155,009.57* Grand Total 742,243.97* -17- Centennial Fire District Check Register 9/2/2005 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 9/2/2005 14866 9/2/2005 14867 9/2/2005 14868 9/2/2005 14869 9/2/2005 14870 9/2/2005 14871 9/2/2005 14872 9/2/2005 14873 9/2/2005 14874 9/2/2005 14875 9/2/2005 14876 9/2/2005 14877 9/2/2005 14878 9/2/2005 14879 9/2/2005 14880 9/2/2005 14881 9/2/2005 14882 9/2/2005 14883 9/2/2005 14884 9/2/2005 14885 9/2/2005 14886 9/2/2005 14887 9/2/2005 14888 9/2/2005 14889 9/2/2005 14890 9/2/2005 14891 Allina Hospitals & Clinics Batteries Plus Bill's Rental Center Centennial Utilities Comcast Connexus Energy * ** VOID * ** Emergency Apparatus Maintenance Frattallone's Hardware Graham Research Consultants Grainger John's Landscaping Liz Sheehy McLeod USA Metrocall Minnesota State Fire Chiefs Association Nextel Pioneer Products Postmaster Red Rooster Auto Stores Robotronics, Inc Speedway Super America Superior Products Mfg. Company The Youth's Company Verizon Wireless David Bruder ACCOUNT 42150 - Medical Physicals 42130 - Equipment Expense 42190 - Fire Prevention Supplies 42251 - Station 1 - Gas 42180 - Office Equipment 42252 - Station 1 - Electric 00000 - VOID 42000 - Vehicle Maintenance 42230 - Cleaning Supplies 42220 - Travel, Conf, School 42130 - Equipment Expense 42110 - Other Maintenance 42190 - Fire Prevention Supplies 42240 - Telephone 42240 - Telephone 42220 - Travel, Conf, School 42240 - Telephone 42110 - Other Maintenance 42180 - Office Supplies 42130 - Equipment Expense 42190 - Fire Prevention Supplies 42100 - Fuel & Lube 42130 - Equipment Expense 42190 - Fire Prevention Supplies 42240 - Telephone 42130 - Equipment Expense AMOUNT 8,028.00 87.97 13.32 133.70 95.00 431.76 0.00 1,196.58 168.84 150.00 52.17 2,084.00 8.13 368.55 81.33 615.00 156.57 1,311.45 157.00 11.77 55.48 216.43 30.35 308.75 68.13 51.22 15, 881.50 AGENDA ITEM 1B STAFF ORIGNINATOR: Jean Viger, Deputy Clerk MEETING DATE: September 12, 2005 TOPIC: Consider Resolution 05 -128 Approving Application for Exempt Permit to PACE (Paper, Allied - Industrial, Chemical & Energy) Workers International Union, Local #7 -0264 VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: PACE, Local #7 -0264 is planning a gun raffle in conjunction with its 10th Annual Golf Tournament. The tournament is being held at Chomonix Golf Course on Saturday, September 17, 2005. All lawful gambling conducted in Minnesota requires authorization from the Minnesota Gambling Control Board in the form of a license, exempt permit or excluded authorization. An exempt permit may be issued to non - profit organizations conducting lawful gambling activity on five or fewer days during a calendar year. PACE holds just this one tournament each year. Minnesota Statute, Chapter 349, Section 349.166, Subd. 2 does, however, require the non - profit organization applying for the exempt permit to notify the City. The City must than take action to approve the application, approve with a 30 day waiting period or deny the application. On August 9, 2005, the applicant inadvertently sent the completed application to the Minnesota Gambling Control Board rather than to the City of Lino Lakes. Because the event is scheduled to take place September 17, 2005, the application, if approved, must be approved with no waiting period. The signed copy will then be faxed to the Minnesota Gambling Control Board. The application, proof of non - profit status and all other required information is on file in the city clerk's office. OPTIONS: 1. Approve Resolution 05 -128 2. Deny Resolution 05 -128 RECOMMENDATION: Option No. 1 CITY OF LINO LAKES RESOLUTION NO. 05 -128 RESOLUTION APPROVING APPLICATION FOR EXEMPT PERMIT TO CONDUCT GUN RAFFLE WHEREAS, Minnesota State Statute, Section 349 requires non - profit organizations to be licensed by the Charitable Gambling Control Board, and WHEREAS, PACE (Paper, Allied - Industrial, Chemical & Energy) International Union #7 -0264 has acquired said license, and WHEREAS, PACE has submitted an exempt permit application to hold its annual gun raffle in conjunction with its annual golf tournament at Chomonix Golf Course, 646 Sandpiper Drive, on September 17, 2005, and WHEREAS, PACE has met the requirements and is eligible to conduct gambling in the City, WHEREAS, the Minnesota Gambling Control Board requires the City of Lino Lakes approve or deny this application, NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the exempt permit application, with no waiting period. Adopted by the Lino Lakes City Council this 12thrd day of September, 2005 John Bergeson, Mayor ATTEST: Jean Viger, Deputy City Clerk AGENDA ITEM IC STAFF ORIGINATOR: Jean Viger, Deputy City Clerk DATE: September 12, 2005 TOPIC: Resolution No. 05 -129, Approving Canvasser /Solicitor License for Clean Water Action Alliance of MN (CWAA) VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: Clean Water Action Alliance of Minnesota (CWAA) has submitted an application to obtain a canvasser /solicitor license. CWAA is a non - profit organization working to ensure that Minnesota has clean and safe water now and for generations to come. CWAA will begin soliciting the Lino Lakes neighborhoods seeking charitable donations and recruiting new members to protect public health and the environment immediately upon approval of license. The organization has complied with all of the provisions of the Lino Lakes City Code for obtaining the necessary license, including background checks. The Lino Lakes Police Department completed the investigations and found no reason to recommend denial of the license. The fee for non - profit organizations is waived. The application, the completed personal history forms, the certificate of non - profit status and the background investigation results are on file in the city clerk's office for review. OPTIONS: 1. Approve Resolution No. 05 -129 2. Deny Resolution No. 05 -129 RECOMMENDATION: Option No. 1 CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 05 -129 RESOLUTION APPROVING CANVASSER/SOLICITOR LICENSE WHEREAS, Mr. Aron Khoury, Assistant Field Director for Clean Water Action Alliance of Minnesota (CWAA) has submitted a canvasser /solicitor's application to the city clerk's office; and WHEREAS, CWAA has complied with all the provisions of Chapter 612 of the Lino Lakes City Code for obtaining the necessary license for a non - profit organization; and WHEREAS, the Lino Lakes Police Department performed background checks on the representatives of CWAA who will be canvassing throughout the neighborhoods. The results indicated no criminal history. NOW, THEREFORE, by order of the Lino Lakes City Council, and virtue thereof, the said organization, CWAA, is hereby authorized to canvass door to door in the City of Lino Lakes for a period of six (6) months beginning September 13, 2005 subject to all conditions and provisions of the Lino Lakes City Code, Chapter 612. Passed by the City Council of the City of Lino Lakes this 12thth day of September, 2005. John J. Bergeson, Mayor ATTEST: Jean Viger, Deputy City Clerk MN: About CWAA ACC Clean Water Action Alliance of Minnesota Mission Statement CWAA is a state chapter of national Clean Water Action working to ensure that Minnesota has clean and safe water now and for generations to come. We promote the fundamental policies needed to improve the quality of our water and our lives. We work in alliance to address the social and economic justice issues connected to environmental problems. We foster active citizen leadership and organize affected communities to create polit /cal institutions that guarantee and preserve our common environmental legacy. Clean Water Action Alliance of Minnesota (CWAA) is a state chapter of national Clean Water Action. With over 55,000 members and thirty organizations across the state, CWAA is an effective advocate for Minnesota's environment at all levels of decision making. Since 1982 CWAA has organized and mobilized Minnesota citizens to protect public health and the environment. CWAA organizes at the local level, coordinates statewide campaigns and advocates before state agencies and the legislature to protect our water and our health. CWAA's board, staff, member groups and members are currently engaged in campaigns to promote clean energy, strengthen state and federal water protections, build awareness of the health impacts from childhood exposure to toxins and fight pollution from factory farms. http:// www. cleanwateraction .org /mn/about.htm: 2 3 Page 1 of 2 Campaigns: • 2005 Legislative Priorities • Clean Water Legacy • Protect Our Water Citizens' Day • Energy and Mercury • Water Quality Program About CWAA Newsletters MN Jobs Contact CWAA Home CWA Home Support ClifimWeAar 8/25/2005 Clean Water Action: Minnesota Gleam Water Actio Alliance of Ivlinneso Clean Water Action Alliance of Minnesota (CWAA) is a state chapter of national Clean Water Action. With over 55,000 members and thirty organizations across the state, CWAA is an effective advocate for Minnesota's environment at all levels of decision making. Since 1982 CWAA has organized and mobilized Minnesota citizens to protect public health and the environment. Click the links to the right to learn more about CWAA's work in Minnesota. CWAA Offices a Minneapolis 308 East Hennepin Ave. Minneapolis, MN 55414 (612) 623-3666 (612) 623 -3354 Fax m_ncwa @cleanwater.org Dul 394 Lake Ave Duluth, (218) 7 (218) 722 rkernp @cle 2005 Legislative Priorities I Clean Water Legacy 1 Protect Our Water Citizens' Day Energy and Mercury 1 Water Quality Program I MN Jobs I CWAA Home Page http://www.cleanwateraction.orgimni Natiinal CWA in C Or* ihutc News 'Y our St" ate - 24 - Page 1 of 1 Campaigns: • 2005 Legislative Priorities • Clean Water Legacy • Protect Our Water Citizens' Day • Energy and Mercury • Water Quality Program About CWAA Newsletters MN Jobs Contact CWAA Home CWA Home M1NNESC Environmental Contact WA. CAVA 8/25/2005 MN : About l W AA Page 2 of 2 CWAA and Clean Water Fund are joining with allies from Minnesota, Wisconsin, Iowa, Nebraska and the Dakotas to form a new High Plains Sustainable Energy workgroup. Participants met for the first time last November in Wisconsin to outline strategies for promoting renewable energy in the region. "This approach can protect our environment while helping to rebuild our rural economies," says CWAA's Diana McKeown. CWAA is also making connections with citizens and organizations in Wisconsin concerned about feedlot pollution, in hopes of spurring regional collaborations on state feedlot policy. 2005 . Legislative Priorities 1 Clean Water Legacy 1 Protect Our Water Citizens' Day Energy and Mercury 1 Water Quality_Program MN Jobs CWAA Home Page. National. C i. in Con iizt to jobs Contact News ur State at CWA C WA http:// www. cleanwateraction .org /mn/about.htm. 25 8/25/2005 AGENDA ITEM 1D STAFF ORIGINATOR: Jean Viger, Deputy Clerk DATE: September 12, 2005 TOPIC: Consider Application for a Block Party, Pelican Place VOTE REQUIRED: Simple Majority BACKGROUND: A block party is being planned on Pelican Place in Rice Lake Estates. The party is scheduled to start at 2:00 p.m. and end at 10:00 p.m. on September 17, 2005. Attached is a copy of the map showing the location of the proposed party. Please note the street is not a cul -de -sac and the plan is to block off both entrances to Pelican Place at Egret Lane. The property owners residing on Pelican Place have signed the block party notification form indicating they consent or do not object to the party. These property owners are indicated by the slant marks on the map. The block party application is on file in the city clerks office. The police department and the public services department have been notified of the party and have no concerns or objections. If approved, public works will provide barricades for blocking off the street. In the past, the city council has encouraged these parties as it presents an opportunity for neighbors to get acquainted. These parties also create the opportunity to form a neighborhood crime watch unit. OPTIONS: 1. Adopt a motion approving the block party. 2. Deny the application for the block party. RECOMMENDATION: Option No. 1 elf 413../>► • \ s (2) (-Y- 0) p v7-,*o.r?' /Nc: -¢. 3 .4c , • • \ o.A `e.v vg f -videlr o 17 J n EGRET co 7 .r /'' soy 193. .,V�oG C ('5) ' :' /4 Mil 031 LANE W ( v) .,...41J,C.5,••• • • f9•.o.." //s! lgcrs CE V 'ER RI(' 4,10 /5 i 1� 8; `j, - i ', ;�,� l? T �� pig 8 (73a- + "lab ;�. IG o 1 qg , e-P� ��� 4i2 3 `/ �, �, °" 6.40 ' Q 9 QTY Ili ''t / . \ &1 "c \ la of 7/ e ?� 1 JD rU ' .4f ' r0 • 1✓ ( v) .,...41J,C.5,••• • • f9•.o.." //s! lgcrs CE V 'ER RI(' 4,10 AGENDA ITEM 1E STAFF ORIGINATOR: Jean Viger, Deputy City Clerk DATE: September 12, 2005 TOPIC: Resolution No. 05 -142, Approving Peddler /Transient Merchant License, Tap Enterprises BACKGROUND: Tap Enterprises has submitted an application to hold a "tool and general merchandise sale" at St. Joseph Catholic Church, 171 Elm Street, on October 11, 2005. Upon receipt of the completed application and personal history forms, the Lino Lakes Police Department was directed to perform a background check on all sales representatives. Due to the recent tragedy in our city, the results of the background checks have been delayed. The application, the personal history forms and the written consent from St. Joseph Catholic Church are on file in the city clerk's office. OPTIONS: 1. Approve Resolution No. 05 -142, contingent upon satisfactory background checks. 2. Deny Resolution No. 05 -142 RECOMMENDATION: Option No. 1 CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 05 -142 RESOLUTION APPROVING PEDDLER/TRANSIENT MERCHANT LICENSE WHEREAS, Tap Enterprises has submitted a peddler /transient merchant application to the city clerk's office; and WHEREAS, Tap Enterprises has complied with all of the provisions of Chapter 612 of the Lino Lakes City Code for obtaining the necessary license for a profit business; and WHEREAS, the Lino Lakes Police Department has conducted a background check of all sales representatives; NOW, THEREFORE, by order of the Lino Lakes City Council, and virtue thereof, said business, Tap Enterprises, is hereby authorized to sell merchandise at St. Joseph Catholic Church on October 11, 2005 subject to all conditions and provisions of the Lino Lakes City Code, Chapter 612. Approved by the City Council of the City of Lino Lakes this 12th day of September, 2005. John J. Bergeson, Mayor ATTEST: Jean Viger, Deputy Clerk AGENDA ITEM IF STAFF ORIGINATOR: Al Rolek MEETING DATE: September 13, 2005 TOPIC: Resolution 05 -132 setting dates of Truth in Taxation hearings VOTE REQUIRED: Simple Majority All local government entities are required to hold Truth in Taxation hearings to receive public input on the proposed levy and general operation budget. Cities may not hold their initial hearings on the same dates as Counties and School Districts. Resolution 05 -132 would set Monday, December 12, 2005, at 6:00 p.m. as the date for the City's Truth in Taxation hearing. A continuation hearing, if needed, would be held Monday, December 19, 2005 at 6:00 p.m. with final adoption of the 2005/06 tax levy and 2006 general operating budget immediately following the continuation hearing on December 19, 2005. Staff recommends adoption of Resolution 05 -132 setting the Truth in Taxation hearing dates. OPTION 1. Adopt Resolution 05 -132 setting Truth in Taxation Hearing dates. 2. Approve alternate dates for Truth in Taxation Hearings. ECO END.ATIOl Option 1. -27A- CITY OF LINO LAKES RESOLUTION NO. 05 -132 RESOLUTION SETTING DATES FOR THE TRUTH IN TAXATION HEARINGS FOR THE PROPOSED 2006 OPERATING BUDGET AND 2005 TAX LEVY COLLECTIBLE IN 2006 WHEREAS, governmental entities are required to hold Truth in Taxation hearings to receive public input on the proposed operating budget and tax levy; and, WHEREAS, cities may not hold their hearings on the same dates as Counties and School Districts; and, WHEREAS, the first two Mondays in December have been set aside exclusively for cities to hold their Truth in Taxation Hearings; and, WHEREAS, the City Council of Lino Lakes wishes to set their Truth in Taxation Hearings on these exclusive dates. NOW THEREFORE BE IT RESOLVED, that the City of Lino Lakes, Anoka County, Minnesota, that: 1. The initial Truth in Taxation hearing date is hereby set for Monday, December 12, 2005, at 6:00 p.m. 2. A continuation hearing, if needed, is scheduled for Monday, December 19, 2005 at 6:00 p.m. with final adoption of the 2005 -2006 tax levy and 2006 general operating budget immediately following the continuation hearing on December 20, 2005. Adopted by the Lino Lakes City Council this 13th day of September, 2005. John J. Bergeson, Mayor Jean Viger, Deputy City Clerk AGENDA ITEM 2A STAFF ORIGINATOR Al Rolek MEETING DATE September 13, 2005 TOPIC Consideration Resolution 05 -130 adopting the proposed 2006 Operating Budget for the City of Lino Lakes Simple Majority VOTE REQUIRED BACKGROUND Minnesota State Statutes require the City of Lino Lakes to adopt and certify a proposed 2006 operating budget on or before September 15th of each year. The main goals in preparing the budget were to maintain current service levels to our citizens, ensure each department has adequate resources to perform their functions, provide for the replacement of worn equipment and maintain or lower the city's tax rate. The proposed budget addresses these goals by providing resources to implement Council goals representing the greatest needs of the community, adding a new police sergeant and a general street/park maintenance worker, and continuing the process of phasing in funding for the capital equipment replacement program and street maintenance. The budget proposed for 2006 is $8,607,226, a 5.67% increase from the budget adopted for 2005. The suspension of the market value homestead credit aid for 2006 by the state legislature created a substantial challenge for the 2006 budget year. After long discussions and deliberations, the City Council has crafted a budget that meets this challenge through a number of compromises, while fulfilling most needs of the community and lowering the city's tax rate to our taxpayers. The departmental budgets within the proposed budget will be further reviewed by the City Council and staff between September 13th and December 12th, for changes, if needed. OPTIONS 1. Adopt Resolution 05 -130 adopting the proposed 2006 Operating Budget. 2. Refer back to staff for further review. RECOMMENDATION Option 1 -28A- CITY OF LINO LAKES RESOLUTION NO. 05-130 RESOLUTION ADOPTING THE PROPOSED 2006 GENERAL OPERATING BUDGET FOR THE CITY OF LINO LAKES. WHEREAS, Pursuant to State Statute, the Lino Lakes City Council is required to adopt a resolution setting out proposed General Fund revenues and expenditures for the upcoming fiscal year. NOW, THEREFORE BE IT RESOLVED that the following Proposed General Fund operating budget be adopted for 2006: 2006 PROPOSED GENERAL FUND BUDGET REVENUES: Property Taxes $6,757,626 Intergovernmental Revenue 365,000 Licenses and Permits 866,600 Charges for Services 198,000 Fines & Forfeitures 110,000 Interest on Investments 80,000 Miscellaneous 230,000 TOTAL PROPOSED GENERAL FUND REVENUES $8,607,226 EXPENDITURES: Administration $1,325,333 Community Development 1,094,731 Public Safety 3,350,148 Public Services 2,230,404 Transfers 606,610 TOTAL PROPOSED GENERAL FUND EXPENDITURES $8,607.226 Adopted by the Lino Lakes City Council this 13th day of September, 2005. John J. Bergeson, Mayor Jean Viger, Deputy City Clerk AGENDA ITEM 2B STAFF ORIGINATOR Al Rolek MEETING DATE September 13, 2005 TOPIC Consideration of Resolution 05 -131 adopting the preliminary 2005 Tax Levy, collectible in 2006. Simple Majority VOTE REQUIRED BACKGROUND Minnesota State Statutes require the City of Lino Lakes to adopt and certify a preliminary tax levy for the coming year on or before September 15th of each year. The Minnesota State Legislature has again suspended the Market Value Homestead Credit Aid and Local Government Aid to the city has been permanently eliminated. The proposed budget incorporates 2 new staff positions and continues some of the programs that were re- implemented in 2005. With these changes to the budget, the levy as proposed will increase by 9.7% over 2005, while the tax base grew by 11.9 %. The proposed levy is expected to result in a lower city tax rate for 2006. The proposed levy in Resolution 05 -131 is the City's maximum levy for 2005/06. The final levy may be decreased, but can not be more than the proposed levy when it is adopted in December. The total levy includes funding for the general operating budget, general bonded debt and a tax abatement under agreements between the City and Target and Kohl's. The levy will be further reviewed by the City Council and staff between September 13th and December 12th, for changes if necessary. OPTIONS 1 Adopt Resolution 05 -131 adopting the proposed 2005 tax levy, collectible in 2006. 2. Return to Staff for further review. RECOMMENDATION Option 1 CITY OF LINO LAKES RESOLUTION NO. 05 -131 RESOLUTION ADOPTING AND CERTIFYING THE PRELIMINARY 2005 TAX LEVY, COLLECTIBLE IN 2006 WHEREAS, Minnesota State Statutes grant local governments the authority to levy property taxes to finance the operations of the local jurisdiction; and, WHEREAS, the City of Lino Lakes annually levies property taxes to finance General Fund operating costs and annual debt service on outstanding indebtedness; and, WHEREAS, the City Council of Lino Lakes has reviewed the proposed 2006 General Fund operating budget and the preliminary 2005 tax levy collectible in 2006; and, WHEREAS, the preliminary levy is the maximum that the City will levy for tax year 2005 collectible in 2006, and which may be lowered but cannot be increased before adopting the final tax levy; and, WHEREAS, the City Council must certify the preliminary 2005 tax levy collectible in 2006 to the Anoka County Auditor by September 15, 2005. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes, Anoka County, Minnesota, hereby does levy on a preliminary basis the following upon taxable property in said City of Lino Lakes: 1. Total amount levied in the year 2005 to be spread for taxes due and payable in the year 2006 is $7,976,907. 2. The total amount above levied is for the following purposes: General Operating Levy $6,912,873 Special Levies Increased PERA Contribution 9,343 Tax Abatement — Target & Kohl's 120,410 General Bonded Debt Public Project Revenue Bond 124,992 Civic Complex Bond 1998A 343,382 G.O. Improvement Bond 1998B 152,519 G.O. Improvement Bond 2003B 22,828 Equipment Certificates of 2003A 44,520 Equipment Certificates of 2003B 92,820 Equipment Certificates of 2004 107,856 Equipment Certificates of 2005 45,364 Total General Obligation Bonded Debt 934,281 TOTAL LEVIES $7,976,907 Adopted by the Lino Lakes City Council this 13th day of September, 2005. Jean Viger, Deputy City Clerk John J. Bergeson, Mayor -29B- AGENDA ITEM 2C & 2D STAFF ORIGINATOR Al Rolek MEETING DATE September 12, 2005 TOPIC Consideration of Resolution 05 -133 Providing For The Issuance And Sale Of Approximately $5,550,000 Taxable General Obligation Improvement Bonds, Series 2005A and Resolution 05- 134 Providing For The Issuance And Sale Of Approximately $3,945,000 General Obligation Improvement Refunding Bonds, Series 2005A VOTE REQUIRED BACKGROUND Simple Majority The City Council has approved public improvement projects for the Legacy at Woods Edge development. To finance the improvements to be made in the project and future project phases it is necessary to issue and sell Taxable General Obligation Improvement bonds. The bond issue must be sold as a taxable issue, as opposed to a tax - exempt issue, due to provisions in the city charter relating to differences in assessing residential and non - residential properties. Our financial advisor, Springsted, Inc. has issued their recommendation for the issuance of $5,550,000 Taxable G.O. Improvement Bonds Series 2005A. In addition, staff continually monitors the market for opportunities to refinance existing debt issues at lower interest rates, thereby saving the city money on financing costs. By refinancing two existing issues, the G.O. Improvement Bonds Series 1998A and 1998B, it is estimated that the city can save interest costs of approximately $13,800 per year, with net present value savings of approximately $123,000 over the term of the issues. Springsted, Inc. has issued their recommendation for the issuance of $3,945,000 G.O. Improvement Refunding Bonds Series 2005B. If approved, the sale of these two issues would occur on September 26, 2005, with consideration for award by the City Council at its meeting the same day. The Series 2005A issue would have a 15 -year term running from 2007 through 2021 and would be repaid through the levy of special assessments against the benefited parcels. The Series 2005B issue would retire debt according to the existing schedules, with full retirement occurring in 2015. Staff recommendation is for the City Council, in separate actions, to approve Resolution 05 -133 providing for the issuance and sale of $5,550,000 Taxable G.O. Improvement Bonds, Series 2005A and Resolution 05 -134 providing for the issuance and sale of $3,945,000 G.O. Improvement Refunding Bonds, Series 2005B. OPTIONS 1. Adopt Resolutions 05 -133 and 05 -134. 2. Refer to Staff for further review. 3. Deny Resolutions 05 -133 and 05 -134. RECOMMENDATION Option 1 A -3 -30- Extract of Minutes of Meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota, was held at the City Hall in the City on Monday, September 12, 2005, commencing at 6:30 o'clock P.M. The following members of the Council were present: and the following were absent: * ** The following written resolution was presented by Councilmember , the reading of which had been dispensed with by unanimous consent, who moved its adoption: RESOLUTION NO. 05 -133 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMATELY $5,550,000 TAXABLE GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005A BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (the "City ") as follows: 1. It is hereby determined that: (a) the following assessable public improvements (the "Improvements ") have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 (the "Act "): SJB- 267603v1 LN 140 -93 - 31 - Project Designation & Description: Total Project Cost Legacy at Woods Edge Improvements:: Streets & Utilities, Phase I and II; Streetscape Community Green; $5,456,680.00 Lighting Underwriter's Discount 61,050.00 Costs of Issuance 32,960.00 Rounding Amount (690.00) Total $5,550,000.00 (b) it is necessary and expedient to the sound financial management of the affairs of the City to issue approximately $5,550,000 Taxable General Obligation Improvement Bonds, Series 2005A (the "Bonds ") pursuant to the Act to provide financing for the Improvements. (c) The City is authorized by Minnesota Statutes, section 475.60, subdivision 2(9) to negotiate the sale of the Bonds, it being determined that the City has retained an independent financial adviser in connection with such sale. The actions of the City staff and financial advisers in negotiating the sale of the Bonds are ratified and confirmed in all aspects. 2. To provide financing for the Improvements, the City will issue and sell Bonds in the amount of $5,488,950. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $61,050. The excess of the purchase price of the Bonds over the sum of $5,488,950 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Proposal: (The remainder of this page is intentionally left blank.) THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $5,550,000 CITY OF LINO LAKES, MINNESOTA TAXABLE GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, September 26, 2005, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. OR (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY'. For purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the official time with respect to all Bids submitted to PARITY ®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY ®. The City is using the services of PARITY® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY ®, this Terms of Proposal shall control. Further information about PARITY ®, including any fee charged, may be obtained from: PARITY ®, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849 -5000 DETAILS OF THE BONDS The Bonds will be dated November 1, 2005, as the date of original issue, and will bear interest payable on August 1 and February 1 of each year, commencing August 1, 2006. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2007 $195,000 2011 $315,000 2008 $275,000 2012 $330,000 2009 $285,000 2013 $345,000 2010 $300,000 2014 $365,000 2015 $380,000 2019 $470,000 2016 $400,000 2020 $495,000 2017 $425,000 2021 $525,000 2018 $445,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Tenn Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2016, and on any day thereafter, to prepay Bonds due on or after February 1, 2017. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge special assessments against benefited properties. The proceeds will be used to finance various improvement projects within the City. TAXABILITY OF INTEREST The interest to be paid on the Bonds is includable in gross income of the recipient for United States and State of Minnesota income tax purposes, and is subject to Minnesota Corporate and bank excise taxes measured by net income. TYPE OF PROPOSALS Proposals shall be for not less than $5,488,950 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $55,500, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2- 12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bond, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 220 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated September 12, 2005 BY ORDER OF THE CITY COUNCIL /s/ Jean Viger Deputy City Clerk 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Teliiis of Proposal. The City Council will meet at 6:30 o'clock P.M. on Monday, September 26, 2005, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. 4. The law firm of Kennedy & Graven, Chartered, as bond counsel for the City, is authorized to act as bond counsel and to assist in the preparation and review of necessary documents, certificates and instruments relating to the Bonds. The officers, employees and agents of the City are hereby authorized to assist Kennedy & Graven, Chartered in the preparation of such documents, certificates, and instruments. (The remainder of this page is intentionally left blank.) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: whereupon the resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES I, the undersigned, being the duly qualified and acting City Clerk of the City of Lino Lakes, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Monday, September 12, 2005, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of approximately $5,550,000 Taxable General Obligation Improvement Bonds, Series 2005A of the City. WITNESS My hand as City Clerk and the corporate seal of the City this day of , 2005. (SEAL) SJB- 267603v1 LN 140 -93 - 4 0 - City Clerk City of Lino Lakes, Minnesota Extract of Minutes of Meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota, was held at the City Hall in the City on Monday, September 12, 2005, commencing at 6:30 o'clock P.M. The following members of the Council were present: and the following were absent: * ** * * * * * * The following written resolution was presented by Councilmember who moved its adoption, the reading of which had been dispensed with by unanimous consent: RESOLUTION NO. 05 -134 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMATELY $3,945,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2005B BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (the "City ") as follows: 1. It is hereby determined that: (a) the City is authorized by Minnesota Statutes, Chapter 475 (the "Act ") and Section 475.67, Subdivision 3, of the Act to issue and sell its general obligation bonds to refund obligations and the interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when determined by the City Council to be necessary or desirable for the reduction of debt service cost to the City or for the extension or adjustment of maturities in relation to the resources available for their payment; THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $3,945,000* CITY OF LINO LAKES, MINNESOTA GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2005B (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, September 26, 2005, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Biddin'. Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. OR (b) Electronic Biddinj. Notice is hereby given that electronic proposals will be received via PARITY ®. For purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the official time with respect to all Bids submitted to PARITY ®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY ®. The City is using the services of PARITY® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY ®, this Terms of Proposal shall control. Further information about PARITY ®, including any fee charged, may be obtained from: PARITY ®, 1359 Broadway, 2116 Floor, New York, New York 10018 Customer Support: (212) 849 -5000 DETAILS OF THE BONDS The Bonds will be dated November 1, 2005, as the date of original issue, and will bear interest payable on August 1 and February 1 of each year, commencing August 1, 2006. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2007 $415,000 2008 $440,000 2009 $440,000 2010 $440,000 2011 $440,000 2012 $440,000 2013 $440,000 2014 $445,000 2015 $445,000 The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be made in multiples of $5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respected stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge special assessments against benefited properties previously pledged to the bonds being refunded. The proceeds will be used to refund the February 1, 2007 through February 1, 2015 maturities of the City's General Obligation Improvement Bonds, Series 1998A, dated August 1, 1998 and the February 1, 2007 through February 1, 2015 maturities of the City's General Obligation SJB- 267604v1 LN 140 -93 -45- Improvement Bonds, Series 1998B, dated August 1, 1998. TYPE OF PROPOSALS Proposals shall be for not less than $3,915,413 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $39,450, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2- 12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bond, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 160 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated September 12, 2005 BY ORDER OF THE CITY COUNCIL /s/ Jean Viger Deputy City Clerk 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 6:30 o'clock P.M. on Monday, September 26, 2005, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. 4. The law firm of Kennedy & Graven, Chartered, as bond counsel for the City, is authorized to act as bond counsel and to assist in the preparation and review of necessary documents, certificates and instruments relating to the Bonds. The officers, employees and agents of the City are hereby authorized to assist Kennedy & Graven, Chartered in the preparation of such documents, certificates, and instruments. (The remainder of this page is intentionally left blank.) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember voted in favor of the motion: and the following voted against: , and upon vote being taken thereon the following members whereupon the resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES I, the undersigned, being the duly qualified and acting Clerk of the City of Lino Lakes, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Monday, September 12, 2005, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of approximately $3,945,000 General Obligation Improvement Refunding Bonds, Series 2005B of the City. WITNESS My hand as City Clerk and the corporate seal of the City this day of , 2005. (SEAL) SJB- 267604v1 LN140 -93 - 51 - City Clerk City of Lino Lakes, Minnesota STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 6A Michael Grochala September 12, 2005 Consideration of Resolution No. 05 -141 Approving First Amendment to Contract for Private Development. Legacy at Woods Edge Simple Majority In October of 2004 the City Council approved the Contract for Private Development between the Economic Development Authority (EDA), City and Hartford Development, Inc., for the Legacy at Woods Edge project. Hartford Development closed on the City owned property and the Tagg property in December of 2004. Under Section 3.5 of the Contract referenced above, the EDA agreed to disburse $1,700,000 to the "Development Property Owner" (an entity related to Hartford Development, Inc.) under certain terms and conditions. Disbursement was a two -step process: the funds were to be placed with an escrow agent after (among other things), the City had approved a preliminary plat for the first townhome development. Then, funds would be disbursed to the Development Property Owner when the City had issued the first building permit for the townhomes, and the parties executed Assessment Agreement setting minimum market values for the townhomes in an amount sufficient to generate tax increment needed to repay the full $1,700,000 interfund loan. Since that time, the original townhome proposal has been withdrawn, and Hartford is working towards City approval of a mixed -use development as the first phase, including 60 units of workforce rental housing with associated commercial space and a separate hotel facility. The current schedule calls for council consideration of the site plan and final plat for that development on October 12. The other key change since the date of the Contract is that the City has received a Met Council grant in the amount of $750,000, which will reduce the Interfund Loan of City funds by that amount. Hartford has now requested that the Contract be amended to permit different terms for dispersal of the $1.7 million. The reason for this request is that Hartford purchased the "TIF Parcel" from Tagg under a note and mortgage, which Hartford expected to pay with proceeds of the Interfund Loan (assuming the conditions described above would be met, given the expected townhome development). When the townhome development City Council Amendment to Development Contract - Legacy September 12, 2005 did not occur as planned, the Interfund Loan was not disbursed, and the mortgage on the TIF parcel held by Tagg is now in default. The proposed amendment provides an alternative disbursing procedure, summarized as follows: 1. $750,000 from the Met Council grant would be disbursed immediately after approval of the Contract amendment, so long as Development Property Owner secures a "forbearance agreement" from Tagg. That is, Tagg would agree not to take significant mortgage foreclosure actions before December 31, 2005 (except as described below). 2. If the site plan and final plat is approved by October 15, 2005, the EDA would disburse the balance of $950,000 on that date, so long as Development Property owner has delivered Assessment Agreements that set a minimum market value needed to generate enough Tax Increment to repay the Interfund Loan. This is similar to the original Contract terms, except that the Interfund Loan amount has been reduced from $1.7 million to $950,000, and the requirement for a building permit has been omitted. If this occurs, the Tagg mortgage would be satisfied, and the development would proceed as under the original Contract. 3. If the site plan and final plat are not approved by October 15, the EDA would nevertheless disburse $400,000 of the Interfund Loan on that date. However, this amount would be a forgivable loan, repayable if the site plan and plat approvals do not occur by April 30, 2006. Also, the City would have a third mortgage, and assessment agreements must be in place to cover the full $950,000. The Tagg forbearance agreement would remain in effect through December 31, 2005. However, if the conditions for this partial disbursement are not met (e.g., Assessment Agreements are not in place), the Tagg forbearance agreement may terminate on October 15 and Tagg may proceed with foreclosure. If the partial disbursement is made on October 15, but the site plan and plat are not approved by April 30, 2006, the Developer will have defaulted on the obligation to commence construction by that date and the EDA will have all the remedies under the Contract (including the option to terminate). RECOMMENDATION While proposed changes represent a departure from the original requirements staff is confident that the city's position is adequately secured. The addition of the $750,000 from Met Council significantly reduces the City's upfront contribution with the remaining $950,000 provided from the proceeds of the sale of land to Hartford. Project development is underway and several requirements of the agreement have been addressed including the removal of all the buildings on the Tagg parcel. Mass grading -53- City Council Amendment to Development Contract - Legacy September 12, 2005 operations have been completed and public improvements will commence within the week. More importantly the proposed changes will keep the project moving forward. Staff is recommending approval of Resolution No. 05 -141. ATTACHMENTS 1. Resolution No. 05 -141 2. First Amendment to Contract 3 - 5 4 - City Council Amendment to Development Contract - Legacy September 12, 2005 CITY OF LINO LAKES RESOLUTION NO. 05 -141 RESOLUTION APPROVING A FIRST AMENDMENT TO CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN THE LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF LINO LAKES AND LEGACY HOLDINGS /LINO LAKES, LLC BE IT RESOLVED By the City Council ( "Council ") of the City of Lino Lakes, Minnesota ( "City ") as follows: Section 1. Recitals. 1.01. The Lino Lakes Economic Development Authority ( "Authority ") administers Development District No. 1 (the "Project)" pursuant to . Minnesota Statutes, Sections 469.124 to 469.134 ( "Development District Act "). 1.02. The Authority, the City and Legacy Holdings /Lino Lakes, LLC (the "Developer ") entered into a into a Contract for Private Development dated December 20, 2004 (the "Contract "), setting forth the terms and conditions of redevelopment of certain property within the Project, referred to generally as the Legacy at Woods Edge Project. 1.03. The parties have determined a need to amend the Contract in certain respects, and in that regard the Council has reviewed a draft First Amendment to the Contract and finds that the execution thereof and performance of the City's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings. 2.01. The First Amendment to the Contract 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 Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. 4 -55- City Council Amendment to Development Contract - Legacy September 12, 2005 Approved by the City Council of the City of Lino Lakes, Minnesota this 12th day of September, 2005. ATTEST: Jean Viger, Deputy Clerk 5 - 5 6 - John Bergeson, Mayor City Council Amendment to Development Contract - Legacy September 12, 2005 Second Draft September 2, 2005 FIRST AMENDMENT TO CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, made as of the 12th day of September, 2005, by and between the LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota (the "Authority "), the CITY OF LINO LAKES, a Minnesota municipal corporation (the "City ") and HARTFORD DEVELOPMENT, INC., a Minnesota corporation (the "Developer "). WITNESSETH: WHEREAS, the City, Authority and Developer entered into a Contract for Private Development dated December 20, 2004 (the "Original Contract "), providing for redevelopment by Developer of certain property in the City and certain assistance by the Authority in such effort; and WHEREAS, in light of scheduling changes, the parties have determined a need to revise the Original Contract as further provided herein; 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. A new Section 3.5A is inserted, as follows: Section 3.5A. Disbursement of Grant and Interfund Loan (a) As of the date of this Amendment, no funds have been deposited by the City or disbursed to Development Property Owner under an Escrow Agreement as described in Section 3.5 of the Original Contract. The parties further acknowledge that, since the date of the Original Contract, the City has received a "livable communities act" grant from the Met Council in the amount of $750,000 (the "Second LCA Grant ") to fund the costs described in Section 3.5, above and beyond the grant described in Section 3.7. Accordingly, the Interfund Loan has been reduced from $1,700,000 to $950,000, and the payment schedule for such Interfund Loan will be adjusted to reflect the reduced principal amount. (b) The proceeds of the Second LCA Grant will be disbursed to Development Property Owner as reimbursement of part of the cost of acquisition of the TIF Parcel promptly upon execution of this Amendment and delivery of the agreement described in paragraph (d) below. 6 -57- City Council Amendment to Development Contract - Legacy September 12, 2005 (c) The proceeds of the Interfund Loan ($950,000) will be disbursed to Development Property Owner in accordance with the following terms and conditions: (i) the Development Property Owner has delivered fully executed Assessment Agreements in accordance with Section 6.3 that provide an aggregate minimum market value in at least the amount that generates Tax Increment sufficient to pay the scheduled payments when due on the Interfund Loan, as determined by the City's financial advisor; (ii) the Developer has obtained City Council approval of the site plan and final plat providing for a Rental Housing Component that includes at least 60 units of so- called "work force housing" and a Commercial Component that includes the commercial improvements described in the site plan application filed with the City on August 15, 2005 (i.e., commercial space associated with the rental housing and a separate hotel facility); (iii) if the site plan and plat approval required under clause (ii) does not occur by October 15, 2005, then on that date the Authority will disburse a portion of the Interfund Loan in the amount of $400,000, subject to the conditions that (1) Assessment Agreements are delivered in accordance with clause (i) above, ensuring Tax Increments sufficient to repay the full $950,000 amount of Interfund Loan; (2) the agreement described in paragraph (d) below remains in full force and effect; and (3) such disbursement will be made in the form of a forgivable loan secured by a third Mortgage (subordinate to the first Mortgage given by Development Property Owner to Marshall Investments Corporation dated December 24, 2004, and to the Tagg Mortgage (as defined in paragraph (d) below). The note and third Mortgage will provide that if the conditions under clause (ii) are not met by April 30, 2006, the principal amount disbursed together accrued interest at the rate of 4% is due and payable on April 30, 2006. Any documents necessary to evidence such loan and Mortgage may be executed by Authority officials subject to approval by the Authority President and Authority Executive Director, provided that execution of the agreement by those officials will be conclusive evidence of their approval. (iv) if $400,000 of the Interfund Loan is disbursed under clause (iii) above, the balance of the Interfund Loan ($550,000) will be disbursed promptly upon (1) Development Property Owner's satisfaction of the conditions in clause (ii), but no later than April 30, 2006; and (2) Development Property Owner having delivered evidence reasonably satisfactory to Authority that Development Property Owner has cured (or will cure upon application of such Interfund Loan proceeds) any outstanding default under the Tagg Mortgage. If the conditions for final disbursement have not been met by April 30, 2006, such failure will be an Event of Default subject to the Authority's remedies under Section 9.2 of the Original Contract. 7 -58- City Council Amendment to Development Contract - Legacy September 12, 2005 (d) Upon or before any disbursement under paragraphs (b) or (c)(iii) of this Section 3.5A, Development Property Owner must have delivered to the Authority a written forbearance agreement between Development Property Owner and Joel and Elise Tagg ( "Tagg ") in a form reasonably satisfactory to the Authority providing that Tagg will not commence advertisement for sale or petition for receivership of the TIF Parcel under the Mortgage given by Development Property Owner to Tagg in connection with acquisition of the TIF Parcel (the "Tagg Mortgage "). Such agreement shall provide that the funds disbursed hereunder shall be paid in their entirety to Tagg as partial payment of the Tagg Mortgage. The forbearance agreement must remain in effect through December 31, 2005, except that if the conditions for disbursement under clause (c)(iii) are not and consequently no partial disbursement of Interfund Loan funds is made, the forbearance agreement may terminate on October 15, 2005. (e) The provisions of this Section 3.5A supersede in all respects Section 3.5 of the Original Contract except as the context clearly requires otherwise. 2. The Original Contract remains in full force and effect and is not modified except as expressly provided herein. 8 - 5 9 - City Council Amendment to Development Contract - Legacy September 12, 2005 IN WITNESS WHEREOF, the Authority and City have each caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Developer has caused this Agreement to be duly executed in its name and behalf as of the date first above written. LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 2005 by and , the President and Executive Director of the Lino Lakes Economic Development Authority, on behalf of the Authority. Notary Public 9 - 6 0 - City Council Amendment to Development Contract - Legacy September 12, 2005 CITY OF LINO LAKES, MINNESOTA By Its Mayor By Its City Administrator STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2005 by John Bergeson and Gordon Heitke, the Mayor and City Administrator of the City of Lino Lakes, Minnesota, on behalf of the City. Notary Public 10 -61- City Council Amendment to Development Contract - Legacy September 12, 2005 STATE OF COUNTY OF ) SS. HARTFORD DEVELOPMENT, INC. By Its The foregoing instrument was acknowledged before me this day of , 2005 by , the of Hartford Development, Inc., a Minnesota corporation, on behalf of the company. Notary Public 11 -62- City Council Amendment to Development Contract - Legacy September 12, 2005 DEVELOPMENT PROPERTY OWNER'S CONSENT The undersigned consents to the foregoing Contract for Private Development by and between the Lino Lakes Economic Development Authority, the City of Lino Lakes and Hartford Development, Inc.; provided that nothing in the consent will be construed to impose upon the Development Property Owner any obligation of the Developer thereunder. STATE OF COUNTY OF SS. LEGACY HOLDINGS -LL, LLC By Its The foregoing instrument was acknowledged before me this day of , 2005 by , the of Legacy Holdings -LL, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public 12 - 6 3 - City Council Amendment to Development Contract - Legacy September 12, 2005 LENDER'S CONSENT The undersigned consents to the foregoing First Amendment to Contract for Private Development by and between the Lino Lakes Economic Development Authority, the City of Lino Lakes and Hartford Development, Inc.; provided that nothing in the consent will be construed to impose upon the Lender any obligation of the Developer thereunder. MARSHALL INVESTMENTS CORPORATION By Its STATE OF ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2005 by , the of Marshall Investments Corporation, a Delaware corporation, on behalf of the corporation. Notary Public 13 -64- AGENDA ITEM 6 B STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: September 12, 2005 TOPIC: Second Reading: Ordinance No. 05 -05 Sign Ordinance Amendments VOTE: 3/5 BACKGROUND Signage is always an extremely difficult issue. As with any regulation, there will be those who will not agree with a signage requirement. The goal of signage regulation, like any government regulation, is to balance the private interest and the larger public interest. Signage advertises a business, which is good for the business. Successful business is good for the greater public. However, unregulated signage can become an eyesore and a nuisance, which detracts from the good of the community. The P & Z discussed temporary signage at numerous meetings since early 2003 (see attached summary list). These discussions led to the proposed amendments in the attached draft ordinance. The current sign ordinance is Ord. No. 12 -97. Once adopted by the City Council, the new version will replace that ordinance. Deleted text is shown as strikeout, added text is underlined. ANALYSIS Temporary Signage Is Primary Issue: The primary changes in the draft ordinance relate to temporary signage. This is what drove the effort to examine the ordinance. These amendments were recommended by the P & Z. Sometimes, a change to one requirement required comparing to other pieces and checking definitions. This may have revealed confusing or contradictory language. There are a few changes in the text to help clarify some issues. We also have increased the amount of permanent wall signage allowed on double frontage or corner lots. The hope is that this will reduce the demand for temporary signs. Some of the permanent signage requirements are inconsistent or incomplete in the current ordinance. We revised some requirements to address these discrepancies. Sign Ordinance Amendments page 2 Formatting: A major change is the formatting of the ordinance. In the new draft, temporary signage is addressed in a completely new table instead of individual requirements scattered in different places. In addition, we have moved the regulations for permanent signs into a table to make it easier to locate the requirements in each zpmomg district. Prohibited If Not Included: One very important amendment is that any signs not specifically allowed by the ordinance are prohibited. That is, only if the ordinance does not specifically allow a type of sign, that type of sign is prohibited. Existing Sign Plans for Multi- Occupancy Buildings: Several developments consist of a single structures with multiple tenants. The ordinance requires a signage plan for such buildings. The developer is required to submit a signage plan as part of the development application review. Staff works with the developer on a sign plan, which ultimately is adopted by the City. This becomes the sign regulation document for that development. Several individual development signage plans have been adopted under this procedure. Such signage plans would not be amended automatically by amending the sign ordinance. Each signage plan would have to be revisited, at the request of the development owner, if the plan is to be amended. Tenants should discuss this with the property owner. Fees: The city's fee schedule includes sign permit fees. Temporary sign permits are $25. Permanent sign fees are determined by the building code. There are other issues in the existing sign ordinance that perhaps merit attention. However, the intent of the current amendments is to establish and clarify requirements for temporary signage and related issues. The draft also clarifies or amends some confusing requirements. Amending the overall ordinance is a much larger task. The P & Z held a public hearing on the draft ordinance at their July 13 and August 10 meetings. The Board recommended approval of the attached ordinance. OPTIONS 1. Approve second reading of Ordinance No. 05 -05 amending the sign ordinance. 2. Return to staff with direction. RECOMMENDATION Option 1 Short History of Temporary Signage Discussions April 2003 April 28, 2003 May 21, 2003 June 11, 2003 July, August, Sept, Oct, 2003 October 22, 2003 November 12, 2003 June 2, 2004 June 16, 2004 September 8, 2004 October 13, 2004 January 12, 2005 March 9, 2005 April 13, 2005 May 11, 2005 June 8, 2005 July 13, 2005 & August 10 Sign Ordinance Amendments page 3 building official sent out letters to a number of businesses about their banners and other temporary signs business representative at a city council meeting asked to discuss the issue at a work session, city council instructs staff to examine the issue and bring more info P & Z first discusses the issue, briefly temporary signage discussion on P & Z agendas, but action agendas too long, discussion items postponed sent letter to 30 businesses inviting to November 12 meeting for discussion one business owner attended, action agenda very long, issue postponed again letter sent to 40+ businesses about special June 16 meeting special meeting on temporary signage, sparse attendance discussion of temporary signage at P & Z meetings public hearing on sign ordinance amendments CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 05 -05 AMENDING ORDINANCE NO. 12 -97 AN ORDINANCE REGULATING SIGNS IN THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA. The City Council of the City of Lino Lakes ordains that Ordinance No. 12 -97 is amended as follows: SECTION I. PURPOSE AND INTENT The purpose of this ordinance is to establish a set of standards for fabrication, erection and use of signs, symbols, markings, or advertising devices within the City. These standards are designed to protect and promote the general welfare, health and safety of persons within the community and to aid and assist in the development and promotion of business and industry by providing regulations which allow and encourage creativity, effectiveness and flexibility in the design and use of such devices. SECTION II. DEFINITIONS: A. Commercial Use: Activity carried out for monetary gain. B. Conditional Use: A land use or development that may not be appropriate generally within a certain district but may be allowed in that district with appropriate restrictions, conditions or limitations as imposed by the City Council. C. Conditional Use Permit: A permit issued by the City Council in accordance with the procedures specified within this Ordinance as a device to enable the City Council to assign conditions to a proposed use or development after consideration of the adjacent land uses and the special characteristics which the proposed use presents. D. Permitted Use: Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district. E. Sign: The term "Sign" shall mean a name, identification, description, display, illustration structure or device which is affixed to, or painted on, or represented directly or indirectly upon a building or other outdoor surface or piece of land, and Ordinance 05 -05, Sign Ordinance page 1 of 30 which directs attention to an object, product, place, activity, person, institution, organization or business. F. Advertising Sign: An "Advertising Sign" is a sign which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such a sign is located or to which it is affixed. See Section IV General Regulations. G. Business Sign. A "Business Sign" is any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where such sign is located. H. Related Definitions: 1. Illuminated Sign: A sign which has artificial light source directed upon it or which has an interior light source. See Section IV General Regulations. 2. Motion Sign: A sign which revolves, rotates or moves. 3. Sign Area: The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, but excluding any structural or supporting elements such as uprights, aprons, poles, beams or standards. 4. Sign Height: Height shall be measured from grade to the uppermost points or level of sign surface. 5. Flashing Sign: An illuminated sign on which such illumination is not kept constant in intensity or color at all times, when such sign is in use. See Section IV General Regulations. 6. Direction Signs: A sign erected on private property for the following uses: Church, school, hospital, club, library, civic or other similar types, providing general information about the use or uses such as name and address. 7. Area Identification Sign: A free standing sign or pylon which identifies the name of neighborhood, a residential subdivision, a multiple residential complex, or a commercial or industrial complex consisting of three or more businesses. 8. Wall Advertising Sign: AR advertising A permanent sign attached to or erected against the wall of a building or structure with the exposed face to Ordinance 05 -05, Sign Ordinance page 2 of 30 the sign in a plane approximately parallel to the face of said wall and extending not more than fifteen (15) inches from the building wall face. 9. Ground Sign: An advertisingA permanent. freestanding sign supported by or upon standards, poles, beams or other supports directly affixed to the ground. 10. Pylon Sign: A permanent, free standing ground sign erected upon a post of posts not more than fifteen (15) feet apart. 11. Projecting Sign: A gperrnanent business sign affixed to an exterior wall or roof of a building and which is perpendicular to the building wall. 12. Marquee and Canopy Signs: Any message or identification which is permanently affixed to a projection or extension of a building or structure, erected in such a manner as to provide shelter or cover over the approach to any entrance of a store, building or place of public assembly. 13. Identification or Nameplate Sign: A sign which bears the name or address or both of the business or the occupant of the building on which it is located. 14. Temporary Signs: A sign erected for a limited period of time. a. Real Estate Sign: A temporary sign advertising the sale or lease of property or buildings. b. Construction Sign: A temporary sign identifying a building or construction site, architects, engineers, contractors or suppliers. occupancy for a structure c. Political Campaign Signs: Signs or posters announcing the candidate(s) seeking political office and/or political issues, and/or dates pertinent thereto. See Section IV General Regulations. mod. Portable Sign: A temporary sign designed to be movable from one location to another. e. Banner: A temporary sign made of cloth, flexible plastic. or other fabric. 1. Pennant: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope. Ordinance 05 -05, Sign Ordinance page 3 of 30 - 7 0 - wire.. or string, usually in series, designed to move in the wind. Sometimes called "stringer ". Sandwich Board: A temporary sign constructed to form an "A" or a tent -like shape, placed in front of a business to advertise its services or goods. 16. Institutional Sign: A permanent sign or bulletin board which identifies the name and other characteristics of a public or private institution on the site where the sign is located. SECTION III. DISTRICT REGULATIONS: A. "R" Rural District and "R -X" Rural Executive Residential District Purpose. These districts are designed and intended to aid in guiding development toward fulfillment of the Comprehensive Plan and to serve the following functions. 1. To preserve productive land for agricultural use. 2. To maintain "open space" within and near to urban areas. 3. To help guide development of urban and rural areas along an orderly design to preserve continuity and efficiency of service. 4. To provide a method by which the urban farm can be guided so as to control urban sprawl and still conserve land in an economic status until such time as the need is present for an amendment to the Comprehensive Plan. 5. To reduce the possibilities of rural - urban conflicts in establishing types and levels of service, methods of financing the services and needs. To maintain an acceptable per capita cost for such services as sanitary sewer, water, police, fire, road maintenance, school transportation, and others as necessary. Rural & Rural Executive Residential Districts: In the Rural District all signs must comply with the following: 1. Residential Identifications: Not more than two (2) square feet of nameplate. 2. Institutional Identifications: Churches, schools, parks, etc. allowed up to thirty -two (32) square feet; not higher than eight (8) feet. Ordinance 05 -05, Sign Ordinance page 4 of 30 3. Advertising Signs: Advertising signs, as defined by Section II, Subd. F of Ordinance, are prohibited in the Rural(R) & Rural Executive (R -X) Zoning Districts. 4. No Sign shall be closer than ten (10) feet to any property line. 5. Each property with a residence may have one freestanding sign. temporary or permanent. without a permit: maximum size 6 sq ft, at least 10' from property line This sign shall not advertise commercial. activity that is not allowed or conducted on same property as sign. There is no time limit for such a si.hn. B. RESIDENTIAL DISTRICTS a. "R -1" and "R -1X" Single- Family Residential District: Purpose. This district is intended to provide a residential atmosphere for those persons desiring a single - family neighborhood with a suburban density. The area is intended for development of single - family detached homes on lots with public sewer and water. b. "R -2" Two - Family District: Purpose. This district is intended to provide a residential atmosphere for those persons desiring a two - family dwelling with a more urban, but limited, density. Two - family dwellings will not be allowed in areas without sanitary sewer. c. "R -3" Medium Density Residential District: Purpose. The purpose of the R -3 Medium density Residential District is to provide settings for multiple - family structures up to eight dwelling units per building in areas having good thoroughfare access, are properly located to other uses and are accessible to major activity center, recreation areas and shopping areas. d. "R -4" High Density Residential District: Purpose. The purpose of the R -4 High Density Residential Districts is to provide settings for multiple - family housing in areas having good thoroughfare access, proper relationship to other uses and are accessible to major activity center, recreation areas and shopping areas. e. "R -6" Manufactured Home Park District: Ordinance 05 -05, Sign Ordinance page 5 of 30 Purpose. The purpose of the Manufactured Home Park District is to provide opportunities for manufactured housing in a planned community. This district is intended to provide opportunities for almost all types of manufactured homes including those which may not be able to meet the design standards established in other residential districts. All manufactured Home Parks are required to conform to the provisions of this section and other appropriate sections of the code. f. "R -7" Manufactured Home Subdivision District: Purpose. The purpose of this district is to provide opportunities for manufactured housing for manufactured homes which meet the design criteria established in this subdivision in subdivided developments, in safe, attractive residential neighborhoods with all urban services and desired amenities. R-I, R -1X, R -2, R -3, R -4, R -6, R -7 In the multiple and residential districts, the following requirements apply. 1. Residential Identification: One nameplate per residence, not more than two (2) square feet per unit. 2. Institutional Identification Signs: Not more than one sign per street frontage; one identification sign allowed per building; not more than thirty - two (32) square feet; not higher than six (6) feet; 3. Area Identification Signs: Not more than twenty -four (24) square feet; not higher than six (6) feet. 4. Advertising Signs: Advertising signs, as defined by Section II, Subd. F of Ordinance, are prohibited in the R -1, R -1X, R -3, R -4, R -6, R -7 Zoning Districts. 5. No sign may be closer than ten (10) feet to any property line. 6. Each property with a residence may have one freestanding sign, temporary or permanent, without a permit: maximum size 6 sq ft, at least 10' from property line This sign shall not advertise commercial activity that is not allowed or conducted on same property as sign. There is no time limit for such a sign. C. BUSINESS DISTRICTS Ordinance 05 -05, Sign Ordinance page 6 of 30 a. "LB" Limited Business District: Purpose. There may be some areas which are suitable only for commercial uses of a limited (less intense) nature. This may be due to the close proximity of residential uses. This may include high quality commercial areas such as an "office park" development. Also, the "LB" District can be used as a transitional district or buffer between noncompatible uses such as intense commercial ( "GB ") and residential uses. In the Limited Business District all signs must comply with the following:requirements in table in Section IV, paragraphs EE and. FF. 1. Institutional Identification: One ground or wall. sign per institution, of thirty rcent (3 ° %) of the building face area (whichever is greater), is allowed on public, medical, educational, clinical or community centers. Business and Professional Building Identifications: a. One ground or wall sign per building, of fifty (50) square feet or o b. One ground sign or pylon sign up to fifty (50) square feet; not higher b. Integrated retail complex. Multi Occupancy Business Sicna2e: When a single principle building is IV. Subd. Z. of this ordinance and shall be limited to one ground sign of one (30) feet. 1. Advertising Signs: Advertising signs, as defined by Section II, Subd. F of 5. No sign shall be closer than five (5) feet to any property line. b. "NB" Neighborhood Business District" Purpose. The purpose of the NB Neighborhood Commercial District is to provide for the establishment of local businesses for convenience, limited office, retail or service outlets which deal directly with the daily requirements of the immediate neighborhood and which are located along a collector or arterial roadway. These businesses are not intended to draw customers from the entire community. Ordinance 05 -05, Sign Ordinance page 7 of 30 In the Neighborhood Business District all signs must comply with the requirements in table in Section IV, paragraphs EE and FF. 1. Business Signs: a. Sign or signs attached to building equaling twenty percent (20 %) of IP OM b. One ground sign or pylon sign up to fifty (50) square feet; not higher integrated retail complex. Multi Occupancy Business Signage: When a single principle building is (30) feet. II . Advertising Signs: Advertising signs, as defined by Section II, Subd. F of this Ordinance, are prohibited in the NB Zoning District. 1. No sign may be closer than five (5) feet to any property line. If Shopping Center district deleted from zoning ordinance, per Ordinance 04 -05, second reading scheduled July 11, 2005 .Purpose. This zoning classification is reserved for modern retail shopping 1. There may be more than one site suited for commercial activity and public policy states that only one may be developed. 2. To provide a flexible mans to zone land for commercial development at a Ordinance 05 -05, Sign Ordinance page 8 of 30 1. Multi Occupancy Business Sicna{,ge: When a single principle building is devoted to three (3) or more businesses, signage must comply with Section 1V.Z. antis ordinance. Maximum signage allowed shall be: frontage up to two hundred (200) square feet of sign surface. b. Not higher than forty (40) feet above grade. a. One wall sign only allowed within the parapet, not to exceed 100 Square feet or 20% of the building b. One free standing or pylon sign not to exceed 20% of the building fiaee: 3. Advertising Signs: Advertising Signs, as defined by Section 11, Subd. F of this ordinance, are prohibited in the SC Toning District. 1. No sign may be closer than five (5) feet to any property line. d. "GB" General Business District and "CB" Central Business District and "PSP" Public Semi Public. Purpose. The GB and CB districts are areas containing a wide variety of business uses including retail, service, and semi - industrial uses. As such, they may contain businesses which tend to serve other business and industry as well as those catering to shoppers needs. Purpose. The "PSP ", Public -Semi Public District is designed and intended to aid in guiding development towards fulfillment of the comprehensive plan to serve the following functions. i. To provide the community with properly located schools, colleges, and health institutions. ii. To provide the community with properly located public services and utilities. iii. To provide the community with properly located open green space, parks, playgrounds and recreational facilities. Ordinance 05 -05, Sign Ordinance page 9 of 30 iv. To relate public and semi - public locations with thoroughfare system. In the GB" General Business District, "CB" Central Business District, and "PSP" Semi - Public Districts all signs must comply with the requirements in tables in Section IV, paragraphs EE and FR the following: 1. Institutional Identification: .. wall sign not to exceed twenty (20 %) of the building face area or 100 square feet whichever is less.. Business Signs: a. Pylon or ground signs totaling two (2) square feet of sign surface per lot frontage foot; up to two hundred (200) square feet and not higher I ground sign. b. One sign attached to the building (wall or parapet) up to one face area, whichever is greater. 3. Multi Occupancy Business Sign: When a single principle building; is a N.Z.. of this ordinance. a. Area identification sign shall not exceed two hundred (200) square feet in area and forty (40) feet in height 4. Service Station Signs: a. On surface arterials i. One (1) pylon sign per frontage. Eighty (80) square feet maximum sign surface. Forty five (15) maximum in height. ii. One additional ground sign per street frontage. Thirty two (32) square feet maximum sign surface. Thirty (30) feet maximum in height. Ordinance 05 -05, Sign Ordinance page 10 of 30 Sian or signs attached to building. Up to twenty percent (20 %) of the total building face. b. Abutting freeways i. One (1) pylon sign. One Hundred (100) square feet Maximum height of sixty five (65) feet. ii. One additional ground sign per frontage. Thirty two (32) square feet. Thirty (30) feet in height. iii. Sign or signs attached to building. Up to twenty percent (20 %) of the total building face. 5. Advertising Signs: Advertising signs, as defined by Section II, Subd.F of 6. No sign may be closer than five (5) feet to any property line. D. INDUSTRIAL DISTRICTS a. "LI" Light Industrial District: Purpose. These areas have the prerequisites for industrial development, but because of proximity to residential areas or the need to protect certain areas or uses from adverse influences, high development standards will be necessary. "LI" uses include service industries and industries which manufacture, fabricate, assemble or store, where the process is not likely to create offensive noise, vibrations, dust, heat, smoke, odor, glare, or other objectionable influences. Generally, these include wholesale, service and light industries which are dependent upon raw materials refined elsewhere. b. "GI" General Industrial District Purpose. These are areas which, because of availability to thoroughfares, suitable topography, and isolation, are appropriate for industrial uses of a more intense nature and ones which may have certain nuisance characteristics. Light and General Industrial Districts In the Light and General Industrial Districts all signs must comply with the following requirements in tables in Section IV. paragraphs EE and FF.: Ordinance 05 -05, Sign Ordinance page 11 of 30 - To maintain acceptable per- capita costs for city services such as snow- plowing, road maintenance, and fire and police protection. - To define a "trigger- mechanism" that will establish a formula for the rezoning of Rural- Business Reserve land to a business use as needed. No sign may be closer than five (5) feet to any property line. 1. Residential Identifications: Not more than two (2) square feet of nameplate. 2. Institutional Identifications: Churches, schools, parks, etc. allowed up to thirty -two (32) square feet; not higher than eight (8) feet. 3. Advertising Signs: Allowed by Interim Use Permit; forty (40) feet maximum height above grade; must comply with General Regulations. Section IV. a. Must not be within seven hundred fifty (750) radius feet of an existing residential structure or other advertising structure in a non- freeway area. b. Must not be closer than seven hundred fifty (750) radius feet of another advertising structure. Shall not be closer than twelve hundred (1200) feet to another such advertising structure on the same side of an interstate freeway. For the purpose of this Ordinance, a back -to -back or V -type sign shall be considered as one structure. c. Must not be closer than twelve hundred (1200) feet from any adjoining zoning district. d. Maximum size of sign shall not exceed Six Hundred Seventy Five (675) square feet. e. The site on which the sign is located shall comply with all area and width requirements of the base zoning district. f. Removal of the sign shall be required with the rezoning of the site or redevelopment to add another principle use. 4. Business Signs: One ground or wall sign per building, fifty (50) square feet or ten percent (10 %) of wall area, whichever is greater. 5. No sign may be closer than five (5) feet to any property line. Ordinance 05 -05, Sign Ordinance page 13 of 30 6. Each property with a residence may have one freestanding sign, temporary or permanent, without a permit: maximum size 6 sq ft, at least 10' from property line This sign shall not advertise commercial activity that is not allowed or conducted on same property as sign. There is no time limit for such a sign. SECTION IV. GENERAL REGULATIONS APPLICABLE TO ALL DISTRICTS A. Advertising signs in districts where permitted, must comply with the following: 1. Shall only be fabricated of and erected on steel and built to a minimum of thirty (30) pounds per square foot windload factor. 2. Shall not be longer than sixty (60) feet. 3. Shall have a maximum square footage restriction of seven hundred fifty (750) square feet. B. All signs shall be constructed in conformance with the provisions of the Uniform Sign Code published by the International Conference of Building Officials, which is hereby adopted by reference and made a part of this Ordinance. C. No sign shall be permitted within public road right -of -way or be affixed to public structures or public utility poles or boxes or other public equipment except for traffic control signs, public utility signs, or signs for public parks, governmental buildings, or other such public facilities. A special exception may be granted by the Citv Council if road improvements or other public projects includes the elimination of an access to a private property. In such cases. a sign giving directions to the new access may be allowed in the right of way. D. No sign shall be painted on, attached to, or affixed to any trees, rocks or other similar organic or inorganic natural matter. E. -,.:.crs are prohibited unless approved in conjunction with a portable sign permit_ Signs in windows in the interior of buildings are allowed without permits except that flashing signs are not allowed. No signs shall be attached to the exterior of windows. F. "No hunting" and "No trespassing" signs are allowed as regulated by State Statutes 97B.001, no permit required. Ordinance 05 -05, Sign Ordinance page 14 of 30 G. Illuminated signs are permitted only in limited and general business, shopping center, central business and light and general districts. H. Signs shall not be painted directly to any exterior building surface, but shall be on a separate frame except for temporary display windows. Sign letters /symbols may be directly attached to a wall by adhesive or mechanical fasteners. ' I. No sign shall be installed, which by reason of position, shape or color would conflict with proper function or interpretation of any traffic sign or signal. J. There shall be no use of revolving beacons, flashing signs, zip flashers or similar lighted devices. K. No sign shall be permitted to obstruct any window, door, fire escape, stairway or epeRiiie-other access of any building or structure. L. Campaign Signs. a. State General Election years: In a state general election year, the size and duration of campaign sign display shall comply with the provisions of Minnesota Statute 211.B.045 as amended. These signs shall be confined within private property provided that the property owner's permission has been obtained. b. Other Election Years: In years when no state general election is to take place, signs announcing candidates seeking public political office and other data pertinent thereto shall be permitted up to a total area of eight (8) square feet in size and dimensions not greater than two (2) feet by four (4) feet. These signs shall be confined within private property, provided that the property owner's permission has been obtained. A maximum of two (2) signs per candidate is allowed on any residential lot within the Single Family (R -1) and Single - Family Executive (R -1X) zoning classifications. In all other zoning classifications, signs are limited to two (2) per candidate every two hundred (200) feet of road frontage. No more than two (2) signs per candidate shall be placed in front of the polling places. Campaign signs may be displayed twenty -five (25) days prior and five (5) days after the election for which they are intended. Notwithstanding any provision contained in this Ordinance, the City, upon three (3) days notice, may remove any campaign sign in violation of this Ordinance. The sign enforcement authorities for the City of Lino Lakes are authorized to request enforcement of campaign sign violations through agencies and individuals not employed by the City of Lino Lakes M. All signs shall be maintained in good condition and the areas around them kept free from debris, bushes, high weeds, and from anything else which would be an Ordinance 05 -05, Sign Ordinance page 15 of 30 eyesore or nuisance. The surface of all signs must be repainted at least once every two (2) years or whenever necessary as determined by inspection by Zoning Official to prevent the sign surface from becoming unkempt in appearance. When any sign is removed, the Zoning Official shall be notified and the entire surrounding area shall be cleared of all debris and unsightly projections and protrusions. N. Signs which become unsafe or unkempt in appearance shall be repaired or removed by the licensee upon notification by the Zoning Official. O. The source of light for any sign must be indirect or diffused and shall not be directed into any adjoining residential district. P. Real estate development signs or construction site signs may be erected in compliance with the requirements of the temporary sign table, Section IV. paragraph EE.:. Q. MI .. Directional signs up to four (4) square feet are allowed up to ten (10) feet above grade provided they are not erected adjacent to any residential streets. R. Temporary real estate signs advertising the sale of individual residences may be erected in compliance with the requirements of the temporary sign table. Section 1V. paragraph EE. S. Temporary signs advertising buildings or land for rent or for sale in all districts may be erected in compliance with the requirements of the temporary sign table. Section IV, paragraph EE. T. Projecting signs which extend over public property are prohibited. U. Roof signs are prohibited. V. The exposed uprights, superstructure or back side of all signs must be painted a neutral color such as light blues, grays, greens or browns, unless such part of the sign is integral to the overall design of the sign. W. permit fees shall be as specified in the city fee schedule. Sign permits are required for all signs unless specifically stated otherwise. Sian Ordinance 05 -05, Sign Ordinance page 16 of 30 Y. For the purpose of this Ordinance, maximum square footage of a sign shall be computed on the basis of one (1) face of any multi -faced sign. Z. The permit owner shall be responsible for all of the requirements of this Ordinance, including the liability for expense of removal and maintenance incurred by the City. AA. Multi- Occupancy Business and Industrial Buildings: When a single principle building is devoted to three (3) or more businesses, or industrial uses, a comprehensive sign plan for the entire structure shall be submitted and shall be of sufficient scope and detail to permit a determination as to whether or not the plan is consistent with the following regulations. The plan shall be subject to the approval of the City Council. No permit shall be issued for an individual use except upon a determination that it is consistent with the approved comprehensive sign plan. 1. The maximum individual tenant sign sizes for multiple occupancy structures and individual uses which may display signs shall not exceed the maximum provisions for single occupancy structures in the same zoning district. 2. Multiple occupancy structures may display an area identification sign consistent with the applicable district provisions. Individual freestanding signs identifying the tenants' business shall not be displayed. Twenty Five Percent (25 %) of the area identification sign must identify the entire site, the balance of the sign may be used for individual tenant identification. 3. Except as provided in this ordinance, individual tenants of multiple occupancy structures shall not display separate wall signs unless the tenants' business has an exclusive exterior entrance. The number of signs shall be limited to one (1) per entrance, and each sign shall be limited to the maximum wall size sign permitted in the district, the total of which shall not exceed the square footage allowed. 4. In any multiple occupancy structure qualifying as a mall type shopping center, directory signs shall be permitted for each common public entrance. Each directory sign area shall not exceed a total of fifty (50) square feet and shall be located within fifty (50) feet of the common public entrance being served. The size of individual business identification signing within the directory shall be established during the site plan review process. Attention Ordinance 05 -05, Sign Ordinance page 17 of 30 4.) ireinents Tea 0 0 • ...■ 0 I. permit is pulled after the sign placed permit is pulled alter the sign is placed 1 Location 4-4 Up —+ •-• ;.-■ ,-, ..... --. ''' • -•—■ 0 a.) r"....., "."73 . ,_, ,.., • 7. . --. ' ch 1..) .., (1.) ...,'" :... .... (1.) (1.) ,.—I C.) Q N • ..., CA X 0 .—■ CA C.) X 73 0 ... CA rn 1 Permit ••/••• v.) • — " ,SI L., • •-. ,.: , ■ii '`..) `.• • ■+.) r-N z.e. ... s' '") 9 A e.) , -. ,..).■ `...) ..,') ' t (-NI :j. 4. ...4 .1 1 Cr; = a "P = Ordinance 05 -05, Sign Ordinance Cv O rr Sandwich board signs must be of solid construction, Pennants are prohibited. are allowed. issued for last building. Location .....• 1.4 .r.4 . fl s ^..S' C .r O ,, 4-■ 4--• v v O O O L O _ cl) vs L y j••••, d Prohibited One sign on each N sI - eti ZI L O O CA :d :^ 74 v O C.T. v) ec ' 1 Permit • • 4- V C +' O r- , O p y ti • c y required. L- OO O. o y 0 O` V r Gfi r O c (4-:s) O • M. ti Ti • "0 0 Ci)j V :'' r^ C) rJ O up CID Cr, "y _, O n r- J e 0 Oi" telly /I $� O J J O U O O y L r.0 Ordinance 05 -05, Sign Ordinance = irts/ an = " If a residential subdivision, must be removed. when Location One sign on each. Size 0 9 _. c.) cs •-1 .. fl) • . •-■ cn --, ‘...— ....-, • x ,, L ---, rip 0. . . V) C.) S.■I cz: cDc %.,, c..) -7-_,' —). = 0' .' cn . x = ,-• • 7,, — Permit .1--ii E a) ci. 4-1 .t) L... -i--, -o s-. • E 0- 1.) I..! a) ... — — • ril ,- o - -r..> -5 — ....., • '41 ...741 ■•••■ 0 c.... . -T; oi , 4.., cn 0 • — L. . '- r'. 4 --. .„ ' 1 s... ,..„ v•-•;1 .,..., —.."' ,P1 o C.) ''`f X c., .... . — 1 ..,-- •-:.: cl.) .__1 ay '''i p ..... , _,., ,,,.., ..., o c) .'0 •-• ' tn — s.. = 0 '", • ,-. V) 1.) ■...., (;) cui 1,) — 1.1 ra. — ,..1 • prl .,. : • ,--, Ordinance 05 -05, Sign Ordinance Permanent Si Ordinance 05 -05, Sign Ordinance if single building has three or more businesses, must comply with Sec. IV. AA. and shall be limited to .- { 2 § c § t..0 .= -t4 o — 2 ® E `2.§ 7 _ § k 2 R 2 0 2 gs « © 7 § 0 0 0 .F 2 0 k \ 0 \ 0 c 2 '7 a) 774 z § / E« § \ ƒ o / cn 0 u o o = § ° NEIGHBORHOOD BUSINESS ZONING DISTRICT 0 w a 2 Ct "0 0 cn C CIO 2 U2 Ordinance 05 -05, Sign Ordinance Ordinance 05 -05, Sign Ordinance prohibited No sign may be closer than 5' to any property line. VD .G ') V ^ C? G C y ,> :� . TJ • F ,%% y - O ,......, 4-, C3 'a C 'co ,..0 - , .. O .... c'v ! � d • .- n o U to .0 0-, v - • • o Z -, y c;5 c.) ' "7 . J �' rJ o U i4-4"4. v C o v v, G o Z +-. 3 cti z o 4 N cz 0' • O •� VD bO 0 0 ^ �1 ^. U .fl O = o v to tom, .� a �� ♦J is',�o0 c rr .0 O r ^ '. 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AA. and shall be limited to = b.° • ,—, cr) E = cd ,:ia. = J•,r, ..... y_i ••■•.; ,....■ • ..-1 ;—■ LF-i a) t.0 CID Cl..) 0 •-, 0 0 0 ,--, cn 1 1 1 0 :7'4 ,..., s. cs " cn 1) C11 • — (.1) 0 0 e.... 4.4.... • tf —rJ 0 — cp —s , A--, ,..., er.,, .4...• ,•••• .--, I—, •t,c-) h , u r0 n • 0 rj) • ,.... ••• p '-, 4 •:". - c;u.I .) ; . • a • • • • ■ I •I •I 1 • I • ...Y t44 cts • . - I r . • • 0 . 1 . i -., ... 4 • 411 . t 4 p • LIMITED BUSINESS ZONING DISTRICT • C 0 0■I '0 C 0 "CS . = /-••• 2 tv) CID i A rt Ordinance 05 -05, Sign Ordinance cn Vi 43 v .� V a) ct cu 0 N o c 0 cA 0 E e 0 0 V) .ti 0 0 s 0 0 0 0 Co) ;-, 0 • 0 0 0 on the buildina. E No illuminated si 0 0 .7 0 0 0 N 0 E 0l o does not include across a 0 il 0 w 0 • c Double frontage or corner 0 0 0 03 0 0 J 0 • 0 0 N 7..i .—S J 0 v trl b 4. 0 0 c -0 0 P z face land zoned residential 0 CU cn H1 r) r. 0 CU 0 CU 0 0 J 0 0 • L" O r v: 0 0 0 d uided residential b 0 0 0 • 0 • • 0 0 0 0 0 ct 0 0 0 0 0 0 �0n 0 z 0 =I - 9 0 - cn 0 0 cn 0 0 0 Ordinance 05 -05, Sign Ordinance Ordinance 05 -05, Sign Ordinance Station Signs CU t:10 -5 0 0 ;-■ 4-1 c,,St CU 0. Z CU 0 .6 Li) 00 71- 1 ,-0 0 cd -zg ;-■ CU 1:10 cz3 0••■ 0 X •-g b.0 -0-• • •-■ cZi x sz-, En ,4 0 _ tr 0 0 •—i 1/4.0 1 1 1 11 LI-. .....t ij Z . (.1.. • • . t ,■'• .-1.. • 1) 4 , lb : or more businesses, must . . , — ;-•.- = • M - ' • a) VI f4) r..■ • X t'a 4 "0 • ■••• • S „ cL) 0 4..74 0 t,t4, • , 7 ', — 't E E. ■4--, g Ct E Z X Ct ',.4 • •-• •-4 ci) CL) v) ,. ..r.:', C) .• ,,.. CD CD I e oT, = ,.. . "'" CID Z :... .) ._c — Z (except motor fuel ,..:, .•—■ Z 0 • 7,7i 0', -.0 ,...■ 0 ' ril ,..r, -.0 — --, al a.) "0 .,..... ;,:•., •— ,..-• E 0 ' 0 ..— 70 0 0 s-• r '-‘1 ••••••)i • ...... ' I c.•-+ bA 0 -a -■-■ 0 t) .- E 0 41 = ›, • •- X ct cn 4-1" ckl g 0 c.4-1 E , 0 En .4-' cz, 0 ;.-■ C) Lr) tlo a) C.) . t° .„.. x •-• ... 0:, 0 ZONING DISTRICTS 0 -0 z -0 S ci, , — to L) VD Ordinance 05 -05, Sign Ordinance 0 • CID 0 rn •-. -100 sf OR No roof signs. business has se 1) 0 0.3 3 cci v N 7 wall area. Same size as single /double. 0 0 0 • 0 • 1. I••0 Cip al" AAA, 0 -o rJ est • 0 -a a 0 00 z (4-1 0 e•A A•A 0 • CA: 0 s•-• 0 0 0, • Cf) across a 0 'c7) a 0 9 00 0 •r• 0 0 z 0 • • • 7' 0 $. 0 •••• ;.•4 rsd t•f• •—• Double frontage or corner 0 0 0 0 0 ct 0 0 0 z 41. • 0 0 Gib Building Wall Signs - 9 2 - Ordinance 05 -05, Sign Ordinance 0 LZ V1 - O 04-, -.∎ o� +- y p iII Q c) (�, U O O O G s$ y , i 0 5' \ J O p C cc r- J No sign may be closer than 5' to any property line. `j 'O n ..fl _ O r) v d ,;7 a �' 0 tt c3 N O ~ c) o J 'O o' _ v' c CZ c+- .rn' ct J r-, v J ... / C y y O rte. • N C3 .cn "V"i o :t U '� ..., ] o 3 CA G O u ::441 O ° W.) .... = En �- �� , -0 Z 1) '� o v) -•• : v Ct v 2 • Z c r. r C/] ct .-J nn 1 Advertising Signs Property setback Ordinance 05 -05, Sign Ordinance Passed by the Lino Lakes City Council this day of 2005. John J. Bergeson, Mayor ATTEST: Jean Viger, Deputy Clerk Ordinance 05 -05, Sign Ordinance page 30 of 30 -94- AGENDA ITEM 6 C STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: September 12, 2005 TOPIC: Second Reading, Ordinance 07 -05: Zoning Ordinance Amendment for Regulating Building Materials for Commercial, Industrial, and Institutional Buildings VOTE: 3/5 BACKGROUND The City Council approved the first reading of this ordinance on August 22. The zoning ordinance includes requirements for exterior building material. The existing text imposes only minimal restrictions on building materials for commercial, industrial, and institutional buildings. The community standards regarding the quality of buildings have changed over time. Specifically, metal - skinned buildings that are or resemble pole barns no longer are acceptable. This type of construction is appropriate for agricultural uses or storage in rural areas. It is not acceptable for new commercial, industrial, or institutional structures. The attached draft ordinance proposes new language to reflect the community's higher standards and clarify the requirements. The Planning & Zoning Board held a public hearing on this amendment on August 10 and recommended approval. OPTIONS 1. Approve the second reading of Ordinance 07 -05. 2. Return to staff with direction RECOMMENDATION Option 1 CITY OF LINO LAKES ORDINANCE NO. 07 -05 AN ORDINANCE AMENDING THE ZONING ORDINANCE REGARDING EXTERIOR BUILDING MATERIALS FOR COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL STRUCTURES The City Council of the City of Lino Lakes hereby ordains Section 1 Findings The City Council makes the following findings: 1. The zoning ordinance includes requirements for the type of exterior building materials for commercial, industrial, and institutional buildings. 2. It is appropriate that these requirements be updated to reflect changes in the community and the market. 3. The requirements should address institutional buildings such as religious and education facilities in all areas in which they are allowed by the zoning ordinance. Section 2 Ordinance Amendment Section 3, Subd. 4.B.4. of the zoning ordinance (Ordinance No. 08 -03, as amended) is amended as follows: SECTION 3. GENERAL PROVISIONS Subd. 4. General Building and Use Provisions. B. Building Type and Construction. 4. Commercial, Industrial, and Institutional. All buildings erected on land within commercial, industrial and public and semi - public zoning districts, and all institutional buildings (such as public, education, and religious buildings) in residential and rural zoning districts shall conform with the following: a. All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment pursuant to Section 3, Subd. 4.B of this Ordinance. b. Exterior wall surfaces may be a combination of materials including brick, stucco, EFIS (exterior finish insulation system), textured, colored or decoratively finished pre -cast concrete panel, decorative or poured -in- place concrete panel, architectural concrete block textured concrete masonry units, cast in place concrete, natural stone, manufactured stone, transparent, tinted or low- reflective glass, or decorative metal cladding panels. Metal panels chill not encompass more th -anfthy (50-) percent of all elevations of the building combined. Stucco or EFIS shall constitute no more than thirty (30) percent of the primary, front building elevation, and no more than sixty (60) percent of any side or rear building elevation. Stucco or EFIS shall not extend closer than three (3) feet to the ground plane. Decorative metal cladding refers to decorative, metal cladding systems such as copper, zinc, titanium, stainless steel and painted steel components fixed to the outside of the primary wall system. Complete or partial buildings comprised of structural metal wall panel systems that act as the primary wall system, or as a complete wall system such as pole barns or similar structures common to agricultural or industrial storage uses are prohibited. surface. of way or residential zoned properties, c. Buildings shall have a well - defined base, middle and top. The base should appear visually distinct from the middle and top part (cornice) of the building through the use of a change in building materials, color, window shape or size, an intermediate cornice line, sign band, an awning, or similar techniques. d. Earth tone colors of exterior materials shall be required. "Earth tone colors" shall be defined as any various soft colors like those found in nature in soil, vegetation, etc. Such colors are limited to various shades or tints of brown, black, gray, tan, beige, brick red, soft green, soft blue, or white. e. Ten (10) percent of the building facade may contain contrasting colors. Contrasting colors shall be those colors not defined as earth tones. f. All mechanical equipment, such as air conditioning handling units located anywhere on the property, including rooftop equipment, etc —shall be screened _ - e e - _ - - •• _ - - - . _' _ _ - • • e . from view from adjacent streets, public rights of way, and adjacent properties. -97- Ordinance 07 -05, page 2 q. Where a site abuts a residential property, the location of air handling and other equipment must take into account the potential for noise and other impacts on the residential property. Section 3 As above amended, the Zoning Ordinance shall stand as initially passed and previously amended. Section 4 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this day of 2005. ATTEST: Jean Viger, Deputy Clerk John J. Bergeson, Mayor - 9 8 - Ordinance 07 -05, page 3 STAFF ORIGINATOR: CC MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND AGENDA ITEM 6D Paul Bengtson September 12, 2005 Public Hearing. Consideration of 1St Reading of Ordinance 08 -05 Vacation of North Road and Street and Utility Easement (Old TH49) Rice Lake Professional Center E.G. Rud and Sons Surveying Simple Majority E.G. Rud and Sons Surveying has requested approval of a Preliminary and Final Plat for property located adjacent to the northeast corner of Lake Drive and Hodgson Road. The applicant has already obtained Site and Building Plan Review approval administratively on July 18, 2005; executed a performance agreement for the site; and has pulled building permits for construction of a 25,000 square foot multi- tenant building on the site. The applicant is now pursuing a Preliminary and Final Plat to clarify the legal descriptions and easement documentation on the subject property. The subject site was purchased from the City of Lino Lakes earlier this year. A portion of the site is encumbered with right of way from North Road and a Street and Utility Easement for the old alignment of Trunk Highway 49. Both North Road and Trunk Highway 49 were realigned in 1995. The applicant is requesting vacation of the North Road right -of -way and the TH 49 street and utility easements. The applicant will dedicate new utility easements in conjunction with the Final Plat of the site. ANALYSIS As stated both North Road (east of Lake Drive) and TH 49 north of Hodgson Road were removed as part of a realignment project constructed by the City in 1995. However the road right -of -ways and easements were never vacated. The City does maintain an existing storm sewer in the North Road right -of -way as well as trunk sanitary sewer and water main within the old TH 49 alignment. Do to the 1995 street realignment the North Road right -of -way lying east of Lake Drive is no longer needed for street purposes. The former TH 49 street easement lying north of Hodgson Road and the centerline of North Road is no longer needed street purposes. Public Utilities exist within both these corridors. New easements covering the existing utilities will be dedicated as part of the Final Plat. Rice Lake Professional Center, page 2 RECOMMENDATION Staff recommends approval of the Vacation of North Road Right -of -Way (lying east of Lake Drive) and the Street and Utility Easement (Document No. 993102) between Hodgson Road and the Centerline of North Road. ATTACHMENTS 1. Ordinance No. 08 -05 2. Proposed Vacation Map 3. Final Plat, Rice Lake Professional Center - 10 0 - Rice Lake Professional Center, page 3 CITY OF LINO LAKES ORDINANCE NO. 08-05 AN ORDINANCE VACATING NORTH ROAD RIGHT -OF -WAY AND STREET AND UTILITY EASEMENT (RICE LAKE PROFESSIONAL CENTER) 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 to vacate an public right -of -way and existing street and utility easement: 1. E. G. Rud and Son's Land Surveying, the owner of property abutting North Road east of Lake Drive and a certain street and utility easement lying north of Hodgson Road and South of the centerline of North Road as legally described in Exhibit A, attached hereto and made a part hereof, has requested the City Council to vacate such Road and Street and Utility Easements according to law. 2. A public hearing was held on September 12, 2005 before the City Council in the city hall on such request after due published and posted notice had been given, as well as personal notice to affected property owners by the clerk on August 25th 2005 and all persons interested were given an opportunity to be heard; 3. The applicant is dedicating to the public, as part of the Final Plat for Rice Lake Professional Center, all necessary easements; 4. It appears that it will be in the best interest of the city to approve such request Section 2 Such request is hereby granted and that part of North Road lying easterly of Lake Drive and the Street and Utility Easement (Document No. 993102) lying north of Hodgson Road and South of the centerline of North Road, described as follows is hereby vacated: Exhibit A Section 4 That any person, corporation or city owning or controlling easements contained upon the property vacated reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Rice Lake Professional Center, page 4 Section 5 This ordinance shall be in force and effect upon its adoption and publication and in accordance with the Lino Lakes City Charter. Passed by the Lino Lakes City Council this 12th day of September, 2005. John J. Bergeson, Mayor ATTEST: Jean Viger, Deputy Clerk EXHIBIT A Rice Lake Professional Center, page 5 [INSERT LEGAL DESCRIPTION] ROPESSION4i.., CENTER PRoPOSEP VACAT/ok 240 - ; -,‘ t ; L• \I \,'-' 0., • .••••••••"' Aud , :1'.• T.-South line of the SW1/4 of \ .""-- r Lot 3, Sec. 19, T. 31, R. 22, I,. 31, R. 22 and north line of , -.....N23°q8'57"E ..7-. —34.48. N89°54'18' WET L A N DAL.,.>-c •••••'C. 1--- • ..;;ssi IL -41.23 S62°36'15"W 1041.ri.e-......... 4 tools, _ \ 580:••• • 1 u 4- AL tc• IT cp 0 ./' \ \Potil'' •Crs .0\ 1.1 ‘,..1\-1 ' •• W 13 CP cp 2 Po" ..wsb 642, *Pee' • AL 1 ▪ Q- / ..... , ▪ 14'1 // 0 r"t• • — 1 0 4 - cet; •14,• • .42/ e,°•\*;-`s .4,bet : • • DENOTES EASEMEN -0- DENOTES • DENOTES o DENOTES WILL BE AS SPEC DENOTES TO THE DENOTES 345.u.0074 LL Y 'IC '! bC a5 le Y/P N "0 le 0/IN T eh le X41 Yw �p pie 1 lel 1/M le Bury Yey' U -105- STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 6E Michael Grochala September 12, 2005 Consideration of Resolution No. 05 -138 Approving Joint Powers Agreement with Anoka County for the Preliminary Design - Lake Drive /I35W Interchange ACTION REQUIRED: Simple Majority BACKGROUND In December of 2004 the City Council authorized the commencement of the preliminary design for the Lake Drive /I -35W Interchange. Recognizing the importance of addressing growing transportation needs, Anoka County agreed to participate financially in the design. The JPA also provides for contribution to the interchange study authorized by the City Council in spring of 2004. The attached Joint Powers Agreement (JPA) provides for county cost sharing of the interchange study (33 %) and the preliminary design (50 %). The total project cost is $170,504. The total contribution from Anoka County is $81,427. RECOMMENDATION Staff is recommending approval of the JPA with Anoka County. ATTACHMENTS 1. Resolution No. 05 -138 2. Joint Powers Agreement City Council JPA Anoka County September 12, 2005 CITY OF LINO LAKES RESOLUTION NO. 05 -138 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH COUNTY OF ANOKA LAKE DRIVE /I -35W INTERCHANGE PRELIMINARY DESIGN WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to enter into Joint Powers Agreements, and WHEREAS, the City of Lino Lakes and the County of Anoka agree that it is in the best interest of the traveling public to reconstruct the interchange of I -35W and County State Aid Highway 23 (Lake Drive) as soon as possible; WHEREAS, said parties mutually agree that the interchange at I -35W and County State Aid Highway 23 (Lake Drive) is in need of reconstruction; and WHEREAS, the parties agree that it is in their best interest that the cost of said the interchange study, preliminary design, and project memorandum be shared, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. that the City Council hereby approves the Joint Powers Agreement with the County of Anoka for Preliminary Study of the Reconstruction of the Interchange of County State Aid Highway 23 (Lake Drive) and I -35W and authorized execution of said agreement. Adopted by the Lino Lakes City Council this 12th day of September, 2005. ATTEST: Jean Viger, Deputy Clerk 7 -107- John J. Bergeson, Mayor Anoka County Contract No. 2-°° 5- o 52-"1 JOINT POWERS AGREEMENT FOR PRELIMINARY STUDY OF THE RECONSTRUCTION OF THE INTERCHANGE OF COUNTY STATE AID HIGHWAY 23 (LAKE DRIVE) AND I -35W COUNTY PROJECT NO. S.A.P. 02- 623 -13 CITY PROJECT NO. S.A.P. 210 - 020 -04 THIS AGREEMENT is made and entered into this day of , 2005 by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as "County", and the City of Lino Lakes, 600 Town Center Pkwy Lino Lakes, MN 55014, hereinafter referred to as the "City ". WITNESSETH WHEREAS, the parties to this agreement agree it is in the best interest of the traveling public to reconstruct the interchange of I -35W and County State Aid Highway 23 (Lake Drive) as soon as possible; and, WHEREAS, said parties mutually agree that the interchange at I -35W and County State Aid Highway 23 (Lake Drive) is in need of reconstruction; and, WHEREAS, the parties to this agreement consider it mutually desirable to prepare an interchange study, preliminary design and project memorandum for the reconstruction of the interchange; and, WHEREAS, Anoka County has jurisdiction over County State Aid Highway 23 (Lake Dr.); and, WHEREAS, The Minnesota Depar talent of Transportation has jurisdiction over I -35W; and, WHEREAS, the parties agree that the City shall cause the interchange study, preliminary design and project memorandum for the interchange, including replacement of the I -35W bridge, and roadway reconstruction; and, WHEREAS, the parties agree that it is in their best interest that the cost of said interchange study, preliminary design and project memorandum be shared; and, WHEREAS, the City and County agree that it will be necessary in the future to enter into a separate joint powers agreements between the parties and Mn/DOT to outline responsibilities for final design, right of way acquisition, construction and maintenance for the project; and, WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I. PURPOSE The parties have joined together to prepare an interchange study report, preliminary design and project memorandum for the reconstruction of the interchange of I -35W and County State Aid Highway 23 (Lake Drive) including the bridge over I -35W. The County project number for the reconstruction is S.A.P. 02- 623 -13. The City project number is S.A.P. 210 - 020 -04. Said engineering plans and reports, when - 1 0 8 - completed, will be filed in the office of the Anoka County Highway Depailinent (herein after collectively referred to as "Preliminary Study ") II. METHOD The City shall provide all engineering services for the Preliminary Study in conformance with State Aid and County standards. III. COSTS A. The contract cost of the work, or if the work is not contracted, the cost of all labor, materials, and equipment rental required to do the work shall constitute the "actual costs" and shall be so referred to herein. "Estimated costs" are good faith projections of costs which will be incurred for the Preliminary Study. Actual costs may vary from the estimated costs and actual costs are what the parties are responsible for. B. The estimated cost of the Preliminary Study is $170,504.00. Participation in the Preliminary Study cost is as follows: 1. The County agrees to contribute Thirty-three percent (33 %) to the cost of the Interchange Study. The estimated total cost of the Preliminary Study is $ 22,500.00 as shown in Exhibit A. The cost to the County is $7,425.00. 2. The County agrees to contribute Fifty percent (50 %) to the cost of the Preliminary Design and Project Memorandum. The estimated cost of the Preliminary Design and Project Memorandum is $148,004.00 as shown in Exhibit B. The cost to the County is $74,002.00. C. The City and County each agree that the allocation of all other costs to reconstruct the interchange including final design engineering, right of way acquisition, construction and construction engineering shall be determined under separate agreements. D. The County shall pay to the City the County's portion of the Preliminary Study within thirty (30) days after receipt of a voucher containing such information as the County may require, representing that payments have been made by the City to the Engineer, SEH, Inc. for services. IV. TERM This Agreement shall continue until terminated as provided hereinafter. V. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the City and County in conformance to the State laws. VII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and shall be made upon request by either party. - 1 0 9 - VIII. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. The County shall pay its pro rata share of costs which the City incurred prior to such notice of termination. IX. NOTICE For purposes of delivery of any notices herein, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and to the City Administrator of Lino Lakes, 600 Town Center Pkwy, Lino Lakes, MN 55014, on behalf of the City. X. INDEMNIFICATION The City and County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. XI. ENTIRE AGREEMENT REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. -110- IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA CITY OF LINO LAKES By: By: Margaret Langfeld, Chair John Bergeson Anoka County Board of Commissioners Mayor Dated: Dated: ATTEST By: By: John "Jay" McLinden Gordon Heitke Anoka County Administrator City Administrator Dated: Dated: RECOMMENDED FOR APPROVAL By: By: Douglas W. Fischer, P.E. Michael Grochala Anoka County Engineer City Community Development Director Dated: Dated: APPROVED AS TO FORM By: By: Dan Klint Assistant Anoka County Attorney City Attorney Dated: Dated: December 14, 2004 Douglas Fischer, P.E. Anoka County Engineer 1440 Bunker Lake Boulevard Andover, MN 55304 Re: I -35W /CSAH 23 Interchange Study Lino Lakes, Minnesota Dear Mr. Fischer: EXHIBIT A As you are aware the City of Lino Lakes retained the services of SEH, Inc., to perform a study of the I -35W /CSAH 23 Interchange. The final report was provided to you at our September 14, 2004 meeting with Minnesota Department of Transportation (Mn/DOT) representatives. The total study cost was $22,500.00. Per our discussions Anoka County committed to funding 33% of the project cost. On behalf of the City of Lino Lakes and per our previous agreement we are requesting reimbursement to the City, by the County, for costs associated with the Interchange Study in the amount of $7,425.00. Documentation verifying that the City has disbursed the funds for the study has been attached for your reference. The City of Lino Lakes greatly appreciates the assistance and cooperation of Anoka County as we continue to work toward completion of the interchange improvements. Sincerely, E Michael Grochala, AICP Community Development Director Enclosure 600 Town Center Parkway. Lino Lakes, Minnesota 55014-1182 Phone: 651- 982 -2400 • Fa - 1 12 -2 -2499 • TDD: 651 - 982 -2410 i SEH October 27, 2004 Mr. Mike Grochala CommInity Development Director City ofll:Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 -1182 Dear Mr. Grochala: EXHIBIT B RE: Lino Lakes, Minnesota I- 35W/Lake Drive Preliminary Design SEH No. P- LINOL0503.00 Short Elliott Hendrickson Inc.® (SEH) appreciates the opportunity to provide professional engineering services to the City of Lino Lakes for the Preliminary Design of the Lake Drive/I -35W interchange. This letter proposal forms the basis of an Agreement for Professional Services between the City of Lino Lakes and SEH. Scope of Project/Background On September 14, 2004, a Final Report prepared by SEH for the I- 35W/Lake Drive Interchange was submitted to the City, Anoka County, and Mn/DOT. The report detailed existing conditions and proposed ultimate improvements for Lake Drive (CSAH 23) over I -35W. Following the report, a meeting was held with the City, Anoka County, and Mn/DOT to determine how to move forward with the recommendations contained in the report. Both Mn/DOT and the County agreed that moving forward with the project development is the best way to increase the opportunities for state and federal funding to complete the interchange improvements. As a result of this meeting, SEH was directed to prepare a scope of services to complete the preliminary design of the interchange. Scope of Services This proposal addresses developing the preliminary design, obtaining Mn/DOT and Anoka County approval, developing construction limits for right -of -way, and completing the project memorandum. The scope of our proposed services is provided in detail on the attached Exhibit A. The scope identifies all major project tasks, project deliverables, and assumptions. Additional Services We have identified the following services that can be provided, but are not included in our Scope of Work. • • • Final design and plan preparation Bidding services Property appraisals and right -of -way negotiations and acquisitions. Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive. St. Paul, MN 55110 -5196 SEH is an equal opportunity employer 1 www.sehinc.com 1 651.490.2000 1 800.325.2055 1 651.490.2150 fax -113- Mr. Mike Grochala October 27, 2004 Page 2 Schedule Our proposed project schedule is as follows: City Council authorizes preliminary design Complete traffic analysis Complete preliminary geomeiric layout Obtain staff approved geometric layout Finalize construction limits Complete project memorandum Finalize aesthetic recommendations Complete STP funding application November 8, 2004 November 2004 January 2005 March 2005 April 2005 May 2005 May 2005 July 2005 Compensation We propose to be compensated for the scope of services identified in this Agreement on an hourly basis with a maximum not -to- exceed fee. Compensation will be based on the hourly cost of personnel, plus reimbursable expenses, including reproductions, mileage, and equipment. Additional services required beyond the tasks described herein can be negotiated or provided as extra work on an hourly basis. We have estimated the cost of our services as follows: Project coordination and meetings (Work Plan Task 1) $20,872 Preliminary design activities (Work Plan Tasks 2 -6) $105,158 Aesthetics (Work Plan Task 7) $9,127 STP funding application (Work Plan Task 8) $7,037 Reimbursable and subconsultant expenses $5,810 Total $148,004 If this document satisfactorily sets forth your understanding of our agreement, please sign in the space below and return one copy to our office. We look forward to our continued working relationship with you and your staff. Thank you for the opportunity to serve the City of Lino Lakes. Please contact us if you need more information or have any questions. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Mark Benson, PE Principal/Project Manager tlo Enclosure X:\KO\Linol't150300\workplan \proposal letter.doe Accepted this day of , 2004. CITY OF LINO LAKES, MINNESOTA By: Title: - 1 1 4 - I- 35W/Lake Drive Preliminary Design Work Plan Printed 10/27/2004 F N 0 v4'i N m N O O 7 N er N -- z 0 n 0o d co — m ,uwpd O 7 n " O ,C CO N 'C .IOAaAins ° ° ' - N VI / iauueid O O O iaaut2ug .Ug -- = ° - 0O a N •.d O O O N N N- 00'0 ,1:7 7 R '0 . '(Old /.g'a'ls O O N O h O N -4- 7 O ledpuud N O O wn a h 0 O Work Tasks 11.2 Work planning, invoici g and budget review. 11.3 Form Project Management Team (PMT) with Mn/DOT and Anoka County that will meet every other month to guide the development of the preliminary design. Assume 5 meetings)__ 11A Presentations to City Council 15 Public Open House Subtotal Project Management Hours: Deliverables: Pro'ect Schedule, Corres ondence, Status Re • rts, Meetin_ Minutes 0..SURVEYS 2.1 Supplemental surveys of Lake Drive, boring locations, and project tie -ins will occur as part of the Legacy at Woods Edge surveying effort. 1 Subtotal Survey Hours: 1 Deliverables: Pro'ect basema 3.0 TRAFFIC ANALYSIS 3.1 Traffic Counts (3 intersection - 10 road tubes) 13.2 Gather Historical Crash Data 13.3 Feld Observations 13.4 Revise SynchroiSimTraffic Model 1 13.5 Analyze Future Build Scenario 13.6 Prepare SJRs for the ramp terminals, the SIR for the Town Center Parkway intersection will be part of the Legacy at Woods Edge project. 3.7 Prepare Tech Memo Summarizing Operations Analysis 13.8 Meet with Mn/DOT and FHWA to present results of traffic analysis, assumes that an Interstate Access Request (IAR) is not needed. 1 Subtotal Analysis Hours: Deliverables: SJR's, Synchro/SimTrafte Traffic Models, Tech Memo -115- Short Elliott He X: \KO \Lino11050300 \workplan \workpl an. xls I- 35W/Lake Drive Preliminary Design Work Plan Printed 10/27/2004 N Q r 00 4 O o00 0 tV 0 O N N ■ 00 cn 00 00 00 00 00 C 0 00 00 O 10 N OD 'u11.1PV - O 00 O N b 7 N 0 �o6an�ns /1.12101M1301 �0 0 0 O cc N 00 o 00 0 _ 0 Lon 0 N 0 O o N g VI / lauurki N N ON ,0 0 0 �aau[Sug In < ° o N 00 o N 00 0 — v ,�.d O O V 00 00 000 7 0 0 0 N N O 0 7 •1 '102,1 / d A v v ao - 7 00 0 00 d• N 00 - - on O N N N 00 00 00 14.1 Conduct Database Reviews (DNR Natural Heritage Database, Mn/DOT T & E search, SHPO database review, Contaminated Properties, etc.) 15.2 Prepare preliminary typical sections for each roadway section. 5.3 Provide preliminary design information to bridge designers. Compute critical clearances, abutment and pier locations. Revise concept as required based on preliminary bridge design. 5.4 Develop geometric layout for the project in accordance with City, County, State Aid, and MnDOT Layout Guidelines. 15.5 Develop layout level preliminary cross sections and construction limits to make a preliminary determination of R(W impacts. 5.6 Develop construction staging concepts. Discuss with City, County, and MnDOT, then refine. 15.7 Preliminary drainage analysis including surface drainage analysis and preliminary placement of storm sewer lines. 5.8 Compute gross base quantities. Develop a preliminary construction cost estimate. 15.9 Submit layout for review. Make revisions based on comments. Submit revised layout for staff approval. Subtotal Geometric Layout Hours: Deliverables: Preliminary Geometric Layout and Profiles, Preliminary Cross Sections and Construction Limits, Preliminary Construction Cost Estimate, Preliminary Drainage Analysis, Staff Approved Layout. 6.0 I'RELI\IIN:UR' BRIDGI.: DESIGN 16.2 Preliminary bridge plan including geotechnical review of bridge borings. 1 6.3 Preliminary bridge staging plan. 0 0 0 S O 0) 00 v 0 0 0 0 a h - 1 Bridge Design Deliverables: Preliminary bridge plans. -116- Short Elliott Hendrickson Inc. X: \KO Lino 110S0300 \workplan\workplan.xts I- 35W/Lake Drive Preliminary Design Work Plan Printed 10/27/2004 0 C_ o O Q c v Q F O l' o 'OS oo so m IJL o •u wpd so 'D .a 00 soy( uns /u!0i1311D21 o o N N N 0� e V9 / 10uuuld so o so '•f o O 7 '" iaautSug .1.I o o t- en N 3•d O v-, , ', '" fn o ,haw -fold N / '3 'd '1S O N N O O O 00 N ledtauud 0 0 0 i a Work Tasks 7.0 AESTI -IETIC I)ES1GN 7.1 Inventory & analysis of corridor, context, and character 17.2 Staff/partners meeting to develop vision, goals, and theme 7.3 Concept development andpartners meeting to determine most appropriate design 17.4 Develop draft project summary of process and future implementation of aesthetics 17.5 Final project summary changes made and printed Subtotal Aesthetic Design Hours: Aesthetic Deliverables: Aesthetic recommendations 8.( .« STP Funding Application 8.1 Pre.aration of STP Funding Application 1 Subtotal Funding pplication Hours: Fundi A . . lication Deliverables: Com • feted STP A dication TOTAL PROJECT HOGRS: - Average Hourly Rates: - 117 - TOTAL PROJECT COST Short Elliott Hendrickson Inc. X:\ KO1Lino1\050300\workplan \workpl an. xls Printed 10/27/2004 z z 0 U 0 F-� LW �0 W C/] a w _ CC w M Z p TRAVEL EXPENSES 0 N 0 0 c) 0 N N 0 ) co 0 o S 8 $ m (c H? H H co 0 ESTIMATED MILEAGE COSTS: MISCELLANEOUS REPRODUCTIONS AND EXHIBITS: 10 counters $10.00 per counter EQUIPMENT CHARGES (TUBE COUNTERS - 10) HERITAGE DATABASE SEARCH, ETC. 0 4, TOTAL ESTIMATED REIMBURSABLE EXPENSES: Short Elliott Hendrickson Inc. AGENDA ITEM 6F STAFF ORIGINATOR: Michael Grochala COUNCIL MEETING DATE: September 12, 2005 TOPIC: Resolution No. 05 -139 Calling for an Election Related to Public Improvements (2007 Street Reconstruction Project) VOTE REQUIRED: Simple Majority BACKGROUND: In March of 2005 the City Council initiated the street reconstruction project for the Shenandoah Area. In May of 2005, following receipt of a petition from property owners the council initiated the West Shadow Lake Drive Area reconstruction project. Feasibility studies were completed in June of 2005 for both projects. On July 11, 2005 the City Council held public hearings for both projects. In accordance with City Charter requirements 60 days must elapse from the date of the public hearings, prior to further action by the City Council. The 60 day period ends on September 10, 2005. During the 60 day period the City received a petition against the proposed improvements from a majority of property owners from the Shenandoah Area (Council Agenda Item 6G). No petitions satisfying the Charter requirements were received for the West Shadow Lake Drive Area (the City received a petition from one property owner for and one property owner against). In accordance with Charter requirements the next step in the process is to call for an election on the proposed improvements. Due to the petitioning process only the West Shadow Lake Drive Area project will be included on the ballot. The Charter requires that the election be held within 120 days of the date of the public hearing. Staff has prepared Resolution No 05 -139 calling for the election and approving the question to be voted on (Attached). In general the question requests authorization to allow the City to undertake the street reconstruction project and to pay 52.7% of the cost from special assessments and 47.3% from a property tax levy. The proposed resolution and ballot question has been reviewed by the City's Bond Counsel, Kennedy & Graven. SJB- 267969v1 LN 140 -94 RECOMMENDATION: Staff is recommending adoption of Resolution No. 05 -139. ATTACHMENTS 1. Resolution 05 -139 SJB- 267969v1 LN 140 -94 2 STATE OF MINNESOTA CITY OF LINO LAKES RESOLUTION NO. 05 -139 CALLING FOR AN ELECTION RELATING TO LOCAL IMPROVEMENTS (2007 STREET RECONSTRUCTION PROJECT) Background A. The City Council (the "Council ") of the City of Lino Lakes, Minnesota (the "City ") has proposed to undertake the improvement and reconstruction of certain streets as described in the West Shadow Lake Drive Area Feasibility Study, dated June 3, 2005 (the "2007 Street Reconstruction Project "). B. The 2007 Street Reconstruction Project consists of reconstruction, storm sewer, sanitary sewer and water mains and bicycle /pedestrian trails on West Shadow Lake Drive (from Birch Street to its northern terminus), Sandpiper Drive (from West Shadow Lake Drive to its western terminus) and Shadow Court (from West Shadow Lake Drive to its western terminus). C. The City intends to pay for 52.7% of the cost of the Project through special assessments levied against benefited properties abutting the relevant streets (including property owned by the City), in accordance with standard City assessment policies and procedures. D. The Council held a public hearing on the Project on July 11, 2005 in accordance with Section 8.04 of the City Charter. E. Under Section 8.04, subdivision 2 of the City Charter, because less than 100% of the cost of the Project is to be paid for by special assessments, connection charges or any outside funding sources other than the City general fund, the City must, within 120 days after the public hearing, submit the 2007 Street Reconstruction Project and its assessment formula to the voters of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA AS FOLLOWS: 1. The Council hereby calls for an election to be held pursuant to Section 8.04 of the City Charter and Minnesota Statutes, Chapter 205 on Tuesday, November 8, 2005, from 7:00 a.m. to 8:00 p.m. relating to the Project. 2. The question to be voted on shall read as follows: QUESTION 1: SJB- 267969v1 LN140 -94 3 The City Council of the City of Lino Lakes is considering the improvement and reconstruction of certain streets in the City, as described in the West Shadow Lake Drive Area Feasibility Study, dated June 3, 2005, referred to as the 2007 Street Reconstruction Project. The total cost of the 2007 Street Reconstruction Project is estimated to be $4,800,740. Approximately 52.7% of the cost is proposed to be paid by levying special assessments against the benefited property abutting the relevant streets, including property owned by the City, in accordance with standard City assessment policies. Approximately 47.3% of the cost is proposed to paid by City utility funds and the City general fund, including revenues from a property tax levied against all property in the City. The City Charter requires voter approval before undertaking a local improvement financed in part by the general fund. SHOULD THE CITY OF LINO LAKES BE AUTHORIZED TO UNDERTAKE THE 2007 STREET RECONSTRUCTION PROJECT, AND TO PAY APPROXIMATELY 52.7% OF THE COST FROM SPECIAL ASSESSMENTS LEVIED ACCORDING TO CITY POLICIES AND 47.3% OF THE COST FROM THE CITY GENERAL FUND INCLUDING REVENUES FROM A LEVY ON ALL TAXABLE PROPERTY IN THE CITY? 3. The City Clerk is hereby directed to (i) publish and post the notice of election in the City's official newspaper, substantially in the form attached hereto as Exhibit A at least two weeks before the election; (ii) publish a sample ballot in the City's official newspaper at least one week before the election; (iii) post a sample ballot in City Hall for public inspection, and at each polling place, at least four days before the election; and (iv) provide written notice of the election to the County Auditor of the County of Anoka at least 53 days before the election, including the date of the election and title and language for the ballot question; all as required by Chapter 205. 4. The City finds and determines that the foregoing recitals are true and correct. 5. This resolution shall take effect from and after its adoption. Adopted this 13th day of September, 2005. ATTEST: City Clerk SJB- 267969v1 LN 140 -94 CITY OF LINO LAKES, MINNESOTA Mayor 4 EXHIBIT A FORM OF NOTICE NOTICE OF ELECTION CITY OF LINO LAKES, MINNESOTA NOTICE IS HEREBY GIVEN, that an election has been called and will be held in and for the CITY OF LINO LAKES, State of Minnesota, on Tuesday, November 8, 2005, for the purpose of voting on the following question: INSTRUCTIONS TO VOTERS: To vote for a question, fill in the oval next to the word "YES" for that question. To vote against a question, fill in the oval next to the word "NO" for that question. CITY QUESTION NO. 1: FINANCING OF STREET PROJECT AND LEVYING OF TAXES The City Council of the City of Lino Lakes is considering the improvement and reconstruction of certain streets in the City, as described in the West Shadow Lake Drive Area Feasibility Study, dated June 3, 2005, referred to as the 2007 Street Reconstruction Project. The total cost of the 2007 Street Reconstruction Project is estimated to be $4,800,740. Approximately 52.7% of the cost is proposed to be paid by levying special assessments against the benefited property abutting the relevant streets, including property owned by the City, in accordance with standard City assessment policies. Approximately 47.3% of the cost is proposed to paid by City utility funds and the City general fund, including revenues from a property tax levied against all property in the City. The City Charter requires voter approval before undertaking a local improvement financed in part by the general fund. SHOULD THE CITY OF LINO LAKES BE AUTHORIZED TO UNDERTAKE THE 2007 STREET RECONSTRUCTION PROJECT, AND TO PAY APPROXIMATELY 52.7% OF THE COST FROM SPECIAL ASSESSMENTS LEVIED ACCORDING TO CITY POLICIES AND 47.3% OF THE COST FROM THE CITY GENERAL FUND INCLUDING REVENUES FROM A LEVY ON ALL TAXABLE PROPERTY IN THE CITY? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. The amount of taxes that would be raised in the first year of the property tax levy to pay a portion of the cost of the 2007 Street Reconstruction Project is estimated to be approximately $241,000. The maximum amount of increased levy is estimated to be approximately .016% of the taxable market value of property in the city. YES O NO SJB- 267969v1 LN 140 -94 A -1 The precincts and the polling places for this election will be as follows: PRECINCT #1 LINO LAKES SENIOR CENTER, 1189 MAIN STREET 1 Mile East of Intersection Lake Drive and Main Street PRECINCT #2 CENTENNIAL FIRE STATION #2, 7741 LAKE DRIVE 1/2 Mile South of Intersection Lake Drive & Main Street or 3/10 Mile North of Intersection Apollo Drive and Lake Drive PRECINCT #3 ST. JOSEPH CATHOLIC CHURCH, 171 ELM STREET 1/2 Mile West of Intersection Lake Drive and Elm Street or 1/2 Mile East of Intersection Sunset Road & Elm Street PRECINCT #4 RICE LAKE ELEMENTARY SCHOOL, 575 BIRCH STREET 1/2 Mile East of Intersection Hodgson Road & Birch Street or 2 '/z Miles West of Intersection Centerville Road & Birch Street PRECINCT #5 RICE CREEK COVENANT CHURCH, 125 ASH STREET Approx. 1/2 Mile West of Intersection Ash Street and Co. Rd. 49 (Hodgson Road) PRECINCT #6 LIVING WATERS LUTHERAN CHURCH, 865 BIRCH STREET 1/2 Mile East of Rice Lake Elementary or 2 Miles West of Centerville Road The polls for said election will be open at 7:00 a.m. and will remain open until closing at 8:00 p.m. Any qualified registered voter of the City is entitled to vote at said election, and any resident of the City not previously registered as a voter may register on election day. BY ORDER OF THE CITY COUNCIL /s/ City Administrator Dated: , 2005. SJB- 267969v1 LN 140 -94 AGENDA ITEM 6G STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: September 12, 2005 TOPIC: Resolution No. 05 -135, Accepting Petition Against Improvements, Shenandoah Area. VOTE REQUIRED: Simple Majority BACKGROUND: In accordance with the City's Pavement Management Program, the City Council ordered a feasibility study for the reconstruction of the streets in the Shenandoah Area. Also included in the study was the installation of watermain for this area. The City received a petition (attached) against these proposed improvements on August 23, 2005, from residents and property owners in the Shenandoah Area. Per the City Charter, if a petition is signed by a majority of the owners proposed to be assessed within 60 days of the Public Hearing, the Council shall not make such improvement. Following the acceptance of the petition against the improvement, the Shenandoah Project will not be placed on the 2005 Referendum Ballot. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution No. 05 -135, Receive Petition Against Improvements, Shenandoah Area. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution No. 05 -135 be adopted. CITY OF LINO LAKES RESOLUTION NO. 05 -135 RESOLUTION RECEIVING A PETITION AGAINST IMPROVEMENTS, SHENANDOAH AREA. WHEREAS, the City of Lino Lakes has received a petition from residents the Shenandoah Area against the reconstruction of the streets and installation of the watemain in accordance with the provisions of the Lino Lakes City Charter, Section 8.04 and Minnesota Statutes, Chapter 429, and WHEREAS, the City proposes to terminate the Shenandoah Area Improvements Project, pursuant to Minnesota Statutes, Chapter 429, and Chapter 8 of the Lino Lakes City Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That a petition against the Shenandoah Area Improvements Project has been received and verified. A majority of owners have signed this petition, therefore per City Charter policy, Council shall not make such improvement. Adopted by the Lino Lakes City Council this 12th day of September, 2005. John J. Bergeson, Mayor Jean Viger, Deputy Clerk INTEROFFICE MEMORANDUM To: Jim Studenski, City Engineer From: Jean Viger, Deputy Clerk Date: 9/2/2005 RE: Petition On August 23, 2005, the City of Lino Lakes received the attached petition against improvements (street, storm sewer, sanitary sewer and water). I have verified the names of the property owners. It appears the signatures for 6473 &6438 Totem Trail are different than recorded at Anoka County. All others are okay. • Page 1 122 fr 01 erS is bre S. f6k ol-t- 8irtcje,►^ * {3 13 are ( � 3 l z 334., USf ba' der 4 5,/lei't)tN5e 4. ' 2 P 3 : 3 4 ' ° 1 3) wall ! /(_ I /J well (Anderdah V - Petition Against Local Improvement We, the undersigned, owners of real property abutting on Rice Court from Totem Trail to cul -de -sac, Hokah Court from Hokah Drive to cul -de -sac, Hokah Drive from Totem Trail to Birch Street, Totem Trail from Arrowhead Drive to Birch Street, and Arrowhead Drive from Ware Road to 550 feet East of Totem Trail hereby petition against the improvement of said streets by Insert Im.rovements i.e. street storm sewer sanitar sewer water main proposed in the feasibility study prepared by TKDA, Inc., dated June 3, 2005, as presented at the Public Hearing held before the City Council on July 11, 2005, pursuant to Section 8.04 of the City Charter, Signature of Owner ' ie t - 1 2 3 - ,cic d 4 (he i1,9 .4 6en'ig L-'- 4 31a2 33oc 1 tIaLicr N.7\ o ?Soy) Orr) rch airs Son r_ardbi. 4 r6 2005 Petition Against Local Improvement :,F We, the undersigned, owners of real property abutting on Rice Court from Totem Trail to cul -de -sac, Hokah Court from Hokah Drive to cul -de -sac, Hokah Drive from Totem Trail to Birch Street, Totem Trail from Arrowhead Drive to Birch Street, and Arrowhead Drive from Ware Road to 550 feet East of Totem Trail hereby petition against the improvement of said streets by (Insert Improvements i.e., street, storm sewer, sanitary sewer, water main) proposed in the feasibility study prepared by TKDA, Inc., dated June 3, 2005, as presented at the Public Hearing held before the City Council on July 11, 2005, pursuant to Section 8.04 of the City Charter, Signature of Owner Property Address (14i) t okg1 r fK.er C 4-4/ - J'- 15 1$ 3 ▪ Arc )vas. • .1161. w� - 12 4 - .'I''' r fl i L9 , c; = t,y• Petition Against Local Improvement We, the undersigned, owners of real property abutting on Rice Court from Totem Trail to cul -de -sac, Hokah Court from Hokah Drive to cul -de -sac, Hokah Drive from Totem Trail to Birch Street, Totem Trail from Arrowhead Drive to Birch Street, and Arrowhead Drive from Ware Road to 550 feet East of Totem Trail hereby petition against the improvement of said streets by (Insert Improvements i.e., street, storm sewer, sanitary sewer, water main) proposed in the feasibility study prepared by TKDA, Inc., dated June 3, 2005, as presented at the Public Hearing held before the City Council on July 11, 2005, pursuant to Section 8.04 of the City Charter, 931 ;233w -3 by Co lar +,% z s Property Address 75-6 roLo i ems;:. Dr 6)197 kizrLi6,, AGENDA ITEM 6H STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: September 12, 2005 TOPIC: Resolution No. 05 -136, Approving Change Order No. 1R and Payment Request No. 6R, Birch /Hodgson Street Improvements. VOTE REQUIRED: 3/5 Vote Required BACKGROUND: At the August 9, 2004 meeting, City Council awarded the Birch /Hodgson Street Improvements contract to Central Landscaping. The current approved contract amount is $613,845.58. Change Order No. 1R addresses the additional costs generated from the signal installation and the relocation of 16" watermain due to the signal base location. This results in an additional cost of $54,125.00. A complete breakdown is spelled out in the attached Change Order No. 1 R. The construction costs are still below the Engineer's Estimate of $674,124.10. It is staff's recommendations to approve Change Order No. 1 R, which results in a total project cost of $667,970.58 and authorize Payment No. 6R in the amount of $62,758.00. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 05 -136, Approving Change Order No.1R and Payment Request No. 6R for the Birch /Hodgson Street Improvements Project. 3. Not adopt Resolution No. 05 -136. RECOMMENDATION: Option No. 2 - Staff recommends adoption of Resolution Number 05 -136. CITY OF LINO LAKES RESOLUTION NO. 05 -136 RESOLUTION APPROVING CHANGE ORDER NO. 1R AND PAYMENT REQUEST NO. 6R — BIRCH/HODGSON STREET IMPROVEMENTS PROJECT. WHEREAS, pursuant to the resolutions of the Council adopted August 9, 2004, awarding the construction contract for the Street Improvements made to Birch Street and Hodgson Road to Central Landscaping, and AND WHEREAS, additional costs for signal installation occurred and 16" watermain was relocated, AND WHEREAS, a complete breakdown is spelled out in the Change Order No. 1R; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Change Order No.1 R resulting in an increase of $54,125.00, bringing the contract amount to $667,970.58 and Pay Request No. 6R in the amount of $62,758.00 is approved for the Birch /Hodgson Street Improvements Project. Adopted by the Lino Lakes City Council this 12th day of September 2005. John J. Bergeson, Mayor Jean Viger, Deputy Clerk TKDA ENGINEERS • ARCHITECTS • PLANNERS 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com Comm. No. 12993 -01 Cert. No. 6R St. Paul, MN, September 1 , 20 05 To City of Lino Lakes, Minnesota This Certifies that Central Landscaping, Inc. , Contractor For Birch Street and Hodgson Road Improvements Is entitled to Sixty -Two Thousand Seven Hundred Fifty-Eight Dollars and 00 /100 ($ 62,758.00 ) being 6th estimate for partial payment on contract with you dated August 9 , 2004 Owner Received payment in full of above Certificate. TKDA Central Landscaping, Inc. , 20 Thomas D. Prew, P.E. RECAPITULATION OF ACCOUNT An Employee Owned Company Promoting Affirmative Action and Equal Opportunity — 1 2 8 - CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras $ 613,845.58 All previous payments $ 565,832.98 All previous credits Extra No. Change Order No. 1 $ 54,125.00 „ „ „ „ Credit No. $ - „ „ AMOUNT OF THIS CERTIFICATE $ 62,758.00 Totals $ 667,970.58 $ 628,590.98 $ - Credit Balance $ - There will remain unpaid on contract after payment of this Certificate $ 39,379.60 $ 667,970.58 $ 667,970.58 $ - An Employee Owned Company Promoting Affirmative Action and Equal Opportunity — 1 2 8 - CHANGE ORDER TKDA Engineers- Architects - Planners Saint Paul, MN August 31 20 05 Proj. No. 12993 -01 Change Order No. 1R To Central Landscaping, Inc. for Birch Street and Hodgson Road Improvements for City of Lino Lakes, Minnesota You are hereby directed to make the following change to your contract dated August 9 , 20 04 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (decease) (n t�nge) the contract sum by Fifty-Four Thousand One Hundred Twenty -Five Dollars and 00 /100 ($ 54,125.00 ). This change order provides for changes in the work of this contract according to the following itemization. No. Description Qty Unit Unit Price Total Amount 1. Additional time and materials to install signal bases due to higher than expected groundwater. 1 LS $ 14,300.00 $ 13,000.00 2. Install ADA approved pedestrian ramps due to rule change after bidding. 1 LS $ 2,933.00 5 2,933.00 3. Relocate 16" watermain due to conflict with signal base and other utilities. 1 LS $ 38,192.00 $ 38,192.00 NET CHANGE = $ 54,125.00 Amount of Original Contract $ 613,845.58 Additions approved to date (Nos. ) Deductions approved to date (Nos. ) Contract amount to date $ 613,845.58 Amount of this Change Order (Add) (Deduct) (No-Change) $ 54,125.00 Revised Contract Amount $ 667,970.58 Approved City of Lino Lakes, Minnesota TKDA Owner By By Thomas D. Prew, P.E. Approved Central Landscaping, Inc. White - Owner Contractor Pink - Contractor Blue - TKDA By - 129 - TKDA Engineers - Architects - Planners Saint Paul, Minnesota 55101 PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS Estimate No. 6R Period Ending August 31 , 20 05 Page 1 of 1 Comm. No. 12993 -01 Contractor Central Landscaping, Inc. Original Contract Amount $613,845.58 Project Birch Street and Hodgson Road Improvements Location City of Lino Lakes, Minnesota Total Contract Work Completed Total Approved Credits Total Approved Extra Work Completed Approved Extra Orders Amount Completed Total Amount Earned This Estimate $ 607,549.72 $ 0.00 54,125.00 $ 54,125.00 $ 661,674.72 Less Approved Credits $ 0.00 Less 5 % Retained $ 33,083.74 Less Previous Payments $ 565,832.98 Total Deductions $ Amount Due This Estimate 598,916.72 $ 62,758.00 Contractor Date Central Landscaping, Inc. Engineer Date September 1, 2005 Thomas D. Prew, P.E. - 1 3 0 - ESTIMATE NO. 6 BIRCH STREET AND HODGSON ROAD IMPROVEMENTS CITY OF LINO LAKES, MINNESOTA COMMISSION NO. 12993 -01 PERIOD ENDING: August 31, 2005 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE BIRCH STREET AND HODGSON ROAD IMPROVEMENTS 1 MOBILIZATION LS 1.0 1.00 $ 23,000.00 $ 23,000.00 2 CLEARING TR 59.0 70.0 $ 150.00 $ 10,500.00 3 GRUBBING TR 61.0 60.0 $ 150.00 $ 9,000.00 4 REMOVE FENCE LF 55.0 55.0 $ 1.00 $ 55.00 5 REMOVE CONCRETE CURB LF 430.0 430.0 $ 4.00 $ 1,720.00 6 REMOVE STORM SEWER PIPE (ALL TYPES & SIZES) LF 56.0 56.0 $ 12.00 $ 672.00 7 REMOVE WOODEN LANDSCAPING POST EA 10.0 10.0 $ 20.00 $ 200.00 8 REMOVE BIT SURFACE - STREET /DWY /TRAIL /SHOULDER (ALL DEPTHS) SY 6,628.0 6,661.0 $ 1.70 $ 11,323.70 9 MILL 2" BITUMINOUS - STREET SY 1,311.0 1,555.0 $ 3.50 $ 5,442.50 10 REMOVE CATCH BASIN, MANHOLE EA 5.0 5.0 $ 300.00 $ 1,500.00 11 SAW CUT BITUMINOUS PAVEMENT (FULL DEPTH) LF 5,524.0 5,426.0 $ 1.80 $ 9,766.80 12 SALVAGE AND REINSTALL MAILBOX SUPPORT EA 7.0 2.0 $ 90.00 $ 180.00 13 SALVAGE AND RELOCATE HYDRANT & GATE VALVE SYSTEM LS 1.0 1.0 $ 1,850.00 $ 1,850.00 14 SALVAGE AND REINSTALL 12" PIPE SEWER CMP LF 37.0 38.0 $ 18.00 $ 684.00 15 SALVAGE AND REINSTALL 15" RCP LF 61.0 77.0 $ 21.00 $ 1,617.00 16 SALVAGE AND REINSTALL 15" FES (RCP) EA 3.0 5.0 $ 1,000.00 $ 5,000.00 17 SALVAGE AND REINSTALL 24" FES (RCP) EA 1.0 1.0 $ 1,300.00 $ 1,300.00 18 COMMON EXCAVATION (P) (STREET /DRIVEWAY) CY 5,780.0 5,780.0 $ 7.00 $ 40,460.00 19 COMMON EXCAVATION (P) FOR TRAIL CY 840.0 840.0 $ 9.00 $ 7,560.00 20 SUBGRADE EXCAVATION CY 700.0 180.0 $ 7.00 $ 1,260.00 21 SELECT GRANULAR BORROW (CV) (P) CY 700.0 574.0 $ 13.00 $ 7,462.00 22 TOPSOIL BORROW (LV) CY 2,100.0 1,757.0 $ 7.00 $ 12,299.00 23 CRUSHED ROCK -6" DEPTH (TRENCH STABILIZATION) LF 100.0 - $ 4.00 $ - 24 EXPLORATORY DIGGING HR 5.0 - $ 450.00 $ 25 AGGREGATE BASE CLASS 5 (100% CRUSHED) (STREET, DRIVEWAY) TN 6,050.0 4,356.25 $ 11.00 $ 47,918.75 26 AGGREGATE BASE CLASS 5 (100% CRUSHED) FOR TRAIL TN 1,123.0 2,005.71 $ 12.75 $ 25,572.80 27 TYPE MV AGG. 3 WEARING COURSE (C.S.A.H. 10, C.S.A.H. 49) TN 1,224.0 1,295.22 $ 39.80 $ 51,549.76 28 TYPE MV AGG. 3 NON - WEARING COURSE (C.S.A.H. 10, C.S.A.H. 49) TN 1,809.0 1,955.6 $ 37.25 $ 72,846.10 29 TYPE LV AGG. 3 WEARING COURSE (WARE RD) TN 230.0 230.0 $ 36.90 $ 8,487.00 30 TYPE LV AGG. 3 NON - WEARING COURSE (WARE RD, COMMERCIAL DWYS) TN 253.0 253.0 $ 42.40 $ 10,727.20 31 TYPE LV AGG. 4 WEARING COURSE 2" THICK FOR TRAIL TN 324.0 432.56 $ 42.90 $ 18,556.82 32 TYPE LV AGG. 4 WEARING COURSE 2" THICK FOR DRIVEWAY SY 400.0 452.87 $ 15.75 $ 7,132.70 33 BITUMINOUS MATERIAL FOR TACK COAT GAL 1,100.0 1,525.0 $ 2.50 $ 3,812.50 34 CONNECT TO EXISTING STORM SEWER PIPE (ALL SIZES AND TYPES) EA 5.0 5.0 $ 1,100.00 $ 5,500.00 35 12" RC PIPE APRON W/ TRASH GUARD EA 1.0 1.0 $ 790.00 $ 790.00 36 18" RC PIPE APRON W/ TRASH GUARD EA 5.0 4.0 $ 1,070.00 $ 4,280.00 37 12" RC PIPE SEWER CLASS V DESIGN 3006 LF 63.0 63.0 $ 28.00 $ 1,764.00 38 15" RC PIPE SEWER CLASS V DESIGN 3006 LF 24.0 32.0 $ 36.00 $ 1,152.00 39 18" RC PIPE SEWER CLASS V DESIGN 3006 LF 75.0 75.0 $ 40.00 $ 3,000.00 40 36" C.S. PIPE LF 3.0 3.0 $ 100.00 $ 300.00 41 36" 45 DEGREE ELBOW FOR C.S. PIPE EA 1.0 1.0 $ 550.00 $ 550.00 42 36" METAL APRON FOR C.S. PIPE EA 1.0 1.0 $ 1,160.00 $ 1,160.00 43 BULKHEAD 36" C.S. PIPE EA 1.0 1.0 $ 400.00 $ 400.00 44 ADJUST EXISTING G.V. BOX EA 4.0 6.0 $ 175.00 $ 1,050.00 45 6" WATERMAIN DUCTILE IRON CL. 52 LF 78.0 28.0 $ 75.00 $ 2,100.00 46 INSULATION (4" THICKNESS) SY 20.0 - $ 20.00 $ 47 DUCTILE IRON FITTINGS LB 31.0 31.0 $ 8.00 $ 248.00 48 CONSTRUCT CATCH BASIN 27" DESIGN 403 (W/ SALVAGED CASTING ASSEMBLY) EA 3.0 3.0 $ 785.00 $ 2,355.00 49 CONSTRUCT CATCH BASIN -MH 48" DESIGN 406 (W/ SALVAGED CASTING ASSEMBLY) EA 1.0 1.0 $ 1,480.00 $ 1,480.00 50 CONSTRUCT STORM SEWER MH 48" (W/ SALVAGED CASTING ASSEMBLY) EA 1.0 1.0 $ 1,360.00 $ 1,360.00 - 131 - ESTIMATE NO. 6 BIRCH STREET AND HODGSON ROAD IMPROVEMENTS CITY OF LINO LAKES, MINNESOTA COMMISSION NO. 12993 -01 PERIOD ENDING: August 31, 2005 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE 51 RANDOM RIP RAP CLASS III CY 31.0 33.95 $ 93.00 $ 3,157.35 52 CONCRETE CURB AND GUTTER DESIGN B418 LF 253.0 302.0 $ 17.25 $ 5,209.50 53 CONCRETE CURB AND GUTTER DESIGN B618 LF 427.0 580.0 $ 15.20 $ 8,816.00 54 4" CONCRETE DRIVEWAY PAVEMENT SY 144.0 141.6 $ 24.90 $ 3,525.84 55 MAILBOX SUPPORT EA 3.0 2.0 $ 95.00 $ 190.00 56 TRAFFIC CONTROL LS 1.0 1.0 $ 6,000.00 $ 6,000.00 57 FULL T ACTT CONTROL SIGNAL SYSTEM SIG SYS 1.0 1.00 $ 105,000.00 $ 105,000.00 58 EMERGENCY VEHICLE PREEMPTION SYSTEM LS 1.0 1.0 $ 5,600.00 $ 5,600.00 59 REMOVE PAVEMENT MARKING - PERMANENT LF 4,000.0 1,252.0 $ 0.50 $ 626.00 60 REMOVE SIGN TYPE C EA 29.0 20.0 $ 20.00 $ 400.00 61 SALVAGE SIGN (INCL. POST & ASSEMBLY) EA 12.0 6.0 $ 125.00 $ 750.00 62 SIGN PANELS TYPE C (F & I) (INCL. POST & ASSEMBLY) SF 247.5 251.33 $ 21.50 $ 5,403.60 63 HAZARD MARKER X4 -2 EA 6.0 6.0 $ 45.00 $ 270.00 64 PAVEMENT MESSAGE (LT ARROW) POLY PREFORM EA 10.0 4.0 $ 219.00 $ 876.00 65 PAVEMENT MESSAGE (RT ARROW) POLY PREFORM EA 11.0 11.0 $ 219.00 $ 2,409.00 66 4" SOLID LINE WHITE -PAINT LF 10,470.0 12,036.0 $ 0.12 $ 1,444.32 67 24" SOLID LINE YELLOW -PAINT LF 636.0 1,218.0 $ 1.87 $ 2,277.66 68 24" STOP LINE WHITE -POLY PREFORM LF 130.0 53.0 $ 15.50 $ 821.50 69 4" DOUBLE SOLID LINE YELLOW -PAINT LF 6,898.0 11,856.0 $ 0.22 $ 2,608.32 70 ZEBRA CROSSWALK WHITE -POLY PREFORMED SF 828.0 380.0 $ 7.75 $ 2,945.00 71 SILT FENCE, TYPE PREASEMBLED LF 6,300.0 4,032.0 $ 1.75 $ 7.056.00 72 INLET PROTECTION AT CB EA 2.0 5.0 $ 125.00 $ 625.00 73 SODDING TYPE SALT RESISTANT SY 4,000.0 5,422.0 $ 2.00 $ 10,844.00 74 SEEDING (INCL. SEED MIX 50B OR 60B, FERTILIZER, MULCH, & DISC ANCHORING) ACRE 2.3 2.5 $ 1,500.00 $ 3,750.00 SUBTOTAL ESTIMATE NO. 6 $ 607,549.72 CHANGE ORDER NO. 1 1 ADDITIONAL TIME AND MATERIALS TO INSTALL SIGNAL BASES DUE TO HIGHER THAN EXPECTED GROUNDWATER LS 1.0 1.0 $ 14,300.00 $ 13,000.00 2 INSTALL ADA APPROVED PEDESTRIAN RAMPS DUE TO RULE CHANGE AFTER BIDDING LS 1.0 1.0 $ 2,933.00 $ 2,933.00 3 RELOCATE 16" WATERMAIN DUE TO CONFLICT WITH SIGNAL BASE AND OTHER UTILITIES LS 1.0 1.0 $ 38,192.00 $ 38,192.00 SUBTOTAL CHANGE ORDER NO. 1 $ 54,125.00 TOTAL ESTIMATE NO. 6 $ 661,674.72 AGENDA ITEM 61 STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: September 12, 2005 TOPIC: Resolution No. 05 -137, Accepting Bids and Awarding Construction Contract, 2005 Surface Water Management Project VOTE REQUIRED: 3/5 Vote Required BACKGROUND: Sealed bids were received and publicly opened at 10:00 a.m. on August 31, 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 Jay Brothers, Inc. Amount of Bid $ 151,497.64 Engineer's Estimate $ 118,960.00 The total low bid was over the Engineer's Estimate for this project. This exceeds the budgeted limit for this project. The bid proposal was separated into 8 different parts, which allowed the City to award the project accordingly. The section of the project that was significantly over the estimated cost was storm pipe /structure cleaning. We have pulled out this portion of the project. Below is the portion of the project that shall be awarded: Contractor (Part A — G) Amount of Bid Jay Brothers, Inc. $ 75,806.00 Engineer's Estimate $ 78,270.00 Jay Brothers, Inc. is aware of this change and has agreed to these terms. A copy of the complete bid tabulation is attached. The substantial completion date for this project is November 15, 2005, with a final completion date of June 1, 2006. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 05 -137, Accepting Bids and Awarding a Construction Contract to Jay Brothers, Inc. for the 2005 Surface Water Management Project. 3. Not adopt Resolution No. 05 -137. RECOMMENDATION: Option No. 2 - Staff recommends adoption of Resolution Number 05 -137. CITY OF LINO LAKES RESOLUTION NO. 05 -137 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT — 2005 SURFACE WATER MANAGEMENT PROJECT. WHEREAS, pursuant to an advertisement for bids for the construction of the Surface Water Management Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor (Part A — G) Amount of Bid Jay Brothers, Inc. $ 75,806.00 Engineer's Estimate $ 78,270.00 AND WHEREAS, it appears that Jay Brothers, Inc. is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Jay Brothers, Inc. in the name of the City of Lino Lakes for the construction of the 2005 Surface Water Management 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 12th day of September 2005. John J. Bergeson, Mayor Jean Viger, Deputy Clerk EA EA Ea EA EA EA Ea EA EA Ea EA 69. EA fa EFT EA Ea EA EA EA 1 I KUA I'KUJtU; I NU. 134 /b.000 BIDS OPENED: AUGUST 31, 2005, AT 10:00 AM *DENOTES ERROR IN BIDDERS CALCULATION ENGINEER'S ESTIMATE JAY BROS. ITEM UNIT TOTAL UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o V 0 (O 0 0 tri 0 o co 0 I- O O fV 0 O (i) 'Cr .- M CO (r) e- ,- a EA EA EA 'EA EA EA EFT 69. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0'0 0 0 0 0 0 0 Lri ' o (0 o o 0 0 0 O o 0 0 CO 0.� CD 0 0 0 0 0 0 0 0 O_ <- N CO _ CO CO M LC) M LC) M (D EA E.A. EA'Ea EA Ea EA EA EA fag- EA Ea- 0 0 6 V h (O 0 0 0 0 0 0 0 0 0 CD 0 0 0 0 0 0 0.1- O o00O (r)O 0.•-• 0 CO N 0 N 0 O h C) (D (0 EA EA EA ER EA EA EA ER 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I ' - 0 0 0 0 0 0 0 0 '0 CO C) t0 CO co N 0 0 0 0 CD M (0 CO EA 69 EA Ea EA 64 Ea EA'EA EA EA $ 1,000.00 $ 450.00 $ 1,000.00 $ 400.00 $ 750.00 $ 300.00 $ 600.00 $ 500.00 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 O O 0 0 0 0 O O o O O O '0 (I) - 0 0 0 0 (r) 0 0 0 O LC) N (D (O (r) (r) co N tr) EA .ER EA EA EA fa .EA EA EA EA EA ER 0 0 O V CO EA. 0 0 0 0. 0 0 0 0 0' 0 0 o 0 0 0 O 0 0 0 0 0 0 O 0. 0' 0 0 0 0 0 0 0 0 O N-. N. 0 O (n C) o 0 0 tr) 00 r- CO N (!) EA Ea EA EA'. fA 69.EA EA EA Ea Ei CO Cl- Q Q o CO CO CO J -J IW W U J J J CO >' > -J Q Z Z O CO CO CO J (AU J LLI E- HU JJJ T� NN. '- •- �,N LIB 0 N,tf') O IN .- ,- ,- C N A BLACKBIRD LANE (PROJECT LOCATION 1 ) 1 MOBILIZATION 2 CLEAN STORM SEWER PIPE (12' - 24" DIA.) 3 CLEAN /OPEN STORM SEWER OUTFALL 4 CLEAN CATCH BASIN /MANHOLE STRUCTURE 5 DITCH EXCAVATION 6 TRAFFIC CONTROL 7 ',SEEDING AND RESTORATION 8 EROSION CONTROL ;SUBTOTAL - (A) BLACKBIRD LANE B EAST RONDEAU LAKE ROAD (PROJECT LOCATION 2 ) 1 MOBILIZATION ? 'REMOVE BITUMINOUS PAVEMENT s 3 :COMMON EXCAVATION (STREET AND PIPE CULVERT) t 1 .12" RCP STORM SEWER CL. 5 5 ! 12" RCP F.E.S. WITH TRASH GUARD 6 '.3" BITUMINOUS PAVEMENT 7 'AGGREGATE BASE CLASS 5 (100% CRUSHED) 8 ;DITCH EXCAVATION 9 TRAFFIC CONTROL 10 ;SEEDING AND RESTORATION 11 ;EROSION CONTROL SUBTOTAL - (B) EAST RONDEAU LAKE ROAD 1 NUM r'rNMCI.. 1 IV V. 1 J,11 J. V V V ENGINEERS • ARCHITECTS • PLANNERS BIDS OPENED: AUGUST 31, 2005, AT 10:00 AM `DENOTES ERROR IN BIDDERS CALCULATION ENGINEER'S ESTIMATE JAY BROS. BIDDER ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT EFT ER- EFT 69E9 E9 EFT EFT EFT ER- ff)EFT EFT ERER EFTER- ER- ER- EFT (R- ER- EREREFT- ERER ER- EFT 69 $ 1,000.00 $ 440.00 $ 384.00 $ 500.00 $ 300.00 0 0 N CO ER 0000000000 0 0 0 0 0 0 0 0 0 0 0 O O O O O 0 0 O 0 h - N u7 O (0 O o 0 O 0 t1 r N 'Cl- CO N N ' 69 69 ER- EFT 69 69 ER ER- ER- ER- 0 0 (D N A ER- 000000000000 0 0 0 0 0 0 0 0 0 0 0 0 O ' O O Ni 0 0 0 0 O O O 0 o CO O I'4 O O.N- O O'NJ 0 0 CO r N N N N M M NJ _ _ ER- FR- EFT ER 69 69 ER ER 64 64 ER- ER- $ 8,027.00 $ 1,200.00 $ 11,200.00 $ 270.00 $ 1,000.00 $ 22.00 $ 32.00 $ 500.00 $ 300.00 0 0 0 0 0.0 O0 O 0 O (D 0 0 0 0 O O O O O I: N' c 0'0 O O O O 0 r N 0'n N 0 0 0 0 N.- N`7 N ER ER- ER- ER- ER- 69 ER- ER- ER 69 0 0 0 0 00'0 000'0 0 0 0 0 0 0 0. 0 0 '� 0 0 0 0 L I T C O O 0 r (f) M (f) r o Li-) O O (() 0 O.r r NV C) co N ER ER- EFT ER- ER- ER- ER- 69 ER ER- 69 ER- 0,0 O 0'O 0O0 0O . . 0 0 6 O 0 0-0 O O O (b 1-- CDM r 69 ER- ER.6964 0 '0 O O 0 ER- 0 000 00 O 0O O 0.0 O 0 00 O O0 0 0 0 0 0 0 0 0 0 0 0 O to O O O O O O O CO O r st N.V' r M (C)r 64 ER- ER ER 6969 ER- 69 ER- ER- 0 0 O 0 0 fR- 0 0 0.0 O O 0 000 0 0 00 0 0 0 0 0 0.0000 . . . . . . . . . . O O 0 0 0 0 0 0 0 0 0 0 0 N 0 0 0 LO 0 0 0 0 0 0 O NON OV O (litre M(().M ER- ER- ER- EA 6964 ER ER ER 6964 69 $ 10,530.00 $ 2,000.00 $ 11,200.00 $ 300.00 00 00 O0 0.00 0 0 0 0 0 0 .0 0 0 0 0 0 0 0 0 0 V -0000 O OO O O OO o o O O co O o 00 O O 4-)IN (D O (0 M' CO N ER 69 ER ER- ER ER ER- ER- 69 69 69 ER 0 0 0 0 0 0 0 0 o4 O 0 N EFT ER ER- C7 Z_, Z' J J W W' IL U W al U J J CO J .J IJJ Q W J W. d EL o, — 0 r r C r r (O r r r N. r CO CO N C ;OTTER LAKE ROAD - REPAIR WASHOUT AND INSTALL PIP; 1 )MOBILIZATION 2 COMMON BORROW 3 )AGGREGATE BASE CLASS 5 (100% CRUSHED) 4 SEEDING AND RESTORATION 5 EROSION CONTROL D OTTER LAKE ROAD- CULVERT REPAIR AND PIPE CLEAN!I 1 'MOBILIZATION 2 CLEAN STORM SEWER PIPE (12' - 24" DIA.) 3 REMOVE PIPE 4 15" CM PIPE CULVERT -' 5 'CONNECT TO EXISTING PIPE 6 W T 3" BITUMINOUS PAVEMENT (LVE450306) PATCHING 7 DITCH EXCAVATION 8 TRAFFIC CONTROL 9 SEEDING AND RESTORATION _ 10 EROSION CONTROL LEONARD AVENUE (PROJECT LOCATION 5 ) MOBILIZATION CLEAN STORM SEWER PIPE (12' - 24" DIA.) CLEAN /OPEN STORM SEWER OUTFALL CLEAN CATCH BASIN /MANHOLE STRUCTURE_ CLEAR AND GRUB TREE DITCH EXCAVATION FURNISH AND INSTALL CATCH BASIN (TYPE 402) CONSTRUCT CATCH BASIN OVER EXISTING PIPE RIP RAP (CLASS II) TRAFFIC CONTROL SEEDING AND RESTORATION EROSION CONTROL SUBTOTAL - (E) LEONARD AVENUE F ',CLEARWATER CREEK (PROJECT LOCATION 6) 1 MOBILIZATION 2 ;6" PERFORATED PE PIPE WITH WRAP 3 INSTALL 6" CLEANOUT ENGINEERS • ARCHITECTS • PLANNERS BIDS OPENED: AUGUST 31, 2005, AT 10:00 AM *DENOTES ERROR IN BIDDERS CALCULATION ENGINEER'S ESTIMATE JAY BROS. BIDDER ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 64 64 69 64 C4 V3 64 V3 64 64 64 69 64 64 V3 69 69 64 $ 500.00 $ 600.00 $ 3,200.00 $ 70.00 O 0 0 V O 64 0 0 0 0 0 0 0 0 0 0 0 0 000000 O o co o o O O O M O) O- N O '.. t` N 69 69 69'64 64 K3 0 0 o co CO 0 Cl 69 0 0 4 0 0 0 0 0 0 CO 0 0 0 0 0 0 oUSO00000 o 0 O (0 o. o'.o O t O U7 0. (0 0 O 05 V. O o C) CO r N N r 69 64 V3 64 64 64 69 69 $ 75,691.64 $ 151,497.64 $ 500.00 $ 15.00 $ 8.00 $ 70.00 O O CD CD O O 0 0 0 0 0 0 O O O U) I� O CD o V O 7- O N 69 69 64 69 64 64 0 Cr Cr O O O C3 CD O M O o 0 0 0 0 O 0 6 0 00 O O O 0 r O N 0 0 0 C) C) H3 69 69 69 64 69 69 69 $ 200.00 $ 600.00 $ 3,200.00 $ 100.00 O O O O CO r. 64 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 O O 0 0 O'0 0 0 0 O V O O ,- N O N. N 69 64 69 64 64 69 0 0 0 0 T' on 69 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 O O O O O 0 (0 C) 0 00 0 0 O C) CO U) O U) U) O V O N I- t` 69 69 69 U3 64 69 69 69 $ 40,690.00 $ 118,960.00 $ 200.00 $ 15.00 $ 8.00 $ 100.00 O O O O O. O 0' 0 0' 0 O O 000U-)C0 0 00 O O 64.69 64 64 69 64 0 0 0 O 0 0 0, 0 0' O O O .O 0 0 0 C D U).0 O O O O 0 . cp N 0 0 .0 0 69 64 64 64 64 64 69 64 .CC YU)U3 LI U 0) J COLLQO}Cn J J LL O (n J CnLLLLQQCOCnCn �... J J J W! W J J J W Z •- 0_ J N f U' Z Z w 4 CONNECT TO EXISTING CATCH BASIN 5 ;SELECT TOPSOIL BORROW (CV) 6 !,SODDING AND RESTORATION 7 EROSION CONTROL W SUBTOTAL - (G) TRAPPERS CROSSING :SUBTOTAL - (H) WEST CENTRAL AREA STORM SEWER CLI TOTAL STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 6J Michael Grochala September 12, 2005 Consideration of Resolution No. 05 -140 Accepting Metropolitan Council Conditions for Receipt of LCA Demonstration Grant ACTION REQUIRED: Simple Majority BACKGROUND In December of 2000 the Metropolitan Council awarded the City a $450,000 Livable Communities Act (LCA) Demonstration Account Grant. The grant agreement included a condition that the City install a traffic signal on the northbound off -ramp of I -35W (consistent with approval of the City's Comprehensive Plan Amendment and MUSA exchange for Behm's Century Farm). Staff has requested payment of the grant amount as part of the Legacy at Woods Edge project. However, because the signal has not been installed, an amendment to the LCA contract is required to allow payment prior to the installation of signals. Metropolitan Council is proposing to amend the agreement subject to the following condition: 1. The City agrees to reimburse the Metropolitan Council by January 31, 2008 the entire $450,000 grant amount if a traffic signal is not installed on the northbound off -ramp of I -35W and operational by December 31, 2007. As the City Council is aware final design for the improvements to Lake Drive and the I- 35W interchange is underway as part of the Legacy at Woods Edge project. The City was successful in obtaining $400,000 from the Minnesota Department of Transportation (Mn /DOT) Cooperative Agreement program to assist with the improvements. Funding for the City's share of the improvements are provided for within the Legacy at Woods Edge Development Contract and TIF agreement. While the City is currently seeking federal funding for the improvement of Lake Drive and the Interchange itself, we will be in a position to complete the signalization improvements prior to the December 31, 2007 deadline. RECOMMENDATION Staff is recommending approval of Resolution No. 05 140. City Council Met Council September 12, 2005 ATTACHMENTS 1. Resolution No. 05 -140 -139- City Council Met Council September 12, 2005 CITY OF LINO LAKES RESOLUTION NO. 05 -140 RESOLUTION AGREEING TO METROPOLITAN COUNCIL CONDITIONS FOR PAYMENT OF $450,000 LIVABLE COMMUNITIES ACT (LCA) DEMONSTRATION ACCOUNT GRANT WHEREAS, In December of 2000, the Metropolitan Council awarded the City of Lino Lakes a $450,000 Livable Communities Act (LCA) Demonstration Grant; and WHEREAS, the grant was contingent, in part, on the condition that the City of Lino Lakes install a traffic signal on the northbound off -ramp of I -35W; and WHEREAS, improvements to Lake Drive (CSAH 23), including signalization of the 1- 35W ramps, are included in the approvals, development contract, and financing plan for the City's mixed use Legacy at Woods Edge project; and WHEREAS, the City has authorized the final design for improvements to Lake Drive, including the signalization of the northbound off -ramp of I -35W; and WHEREAS, the improvements are scheduled for construction in 2006; and WHEREAS, Metropolitan Council has requested that the City agree to reimburse the Council by January 31, 2008 if the signals are not operational by December 31, 2007 as a condition of releasing the LCA grant funding prior to installation of the signal system NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. that the City agrees to the reimburse the Metropolitan Council by January 31, 2008 the entire $450,000 grant amount if a traffic signal is not installed on the northbound off -ramp of I -35W and operational by December 31, 2007. BE IT FURTHER RESOLVED BY THE CITY OF LINO LAKES, MINNESOTA: 1. that it be understood by Metropolitan Council, that while the City is committed to this project, Anoka County has jurisdiction of County State Aid Highway 23 (Lake Drive) and the Minnesota Department of Transportation has jurisdiction of I -35W (including the ramps that need to be realigned to signalize the intersection). 2. that if the aforementioned agencies require that the project be delayed or otherwise postponed for reasons outside of the City's Control the Metropolitan 3 - 140 - City Council Met Council September 12, 2005 Council will consider a request to amend the timeline for completion of the improvements and repayment. Adopted by the Lino Lakes City Council this 12th day of September, 2005. ATTEST: Jean Viger, Deputy Clerk 4 - 141 - John J. Bergeson, Mayor