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HomeMy WebLinkAbout09/26/2005 Council PacketAMENDED AGENDA CITY OF LINO LAKES Monday, September 26, 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 26, 2005 (Check No. 74766 through 74884 in the amount of $468,349.39). pg. 4 -15 ii) . Centennial Fire District (Check No. 14892 through 14907 in the amount of $5,610.81). pg. 16 B) Consider Approving Application for Exempt Permit to Anoka County Pheasants Forever pg. 17 C) Consider Approving Application for Exempt Permit for Lino Lakes Chapter of the Junior Chamber of Commerce (Jaycees) for Officer Shawn Silvera Memorial Benefit pg. 17A D) Consideration of Resolution No. 05 -149 Approving Joint Powers Agreement with Anoka County for the Final Design -Lake Drive /135W Interchange pg. 17B-17G E) Consider minutes of August 17, 2005 Council Work Session F) Consider minutes of August 22, 2005 City Council Meeting G) Consider minutes of August 30, 2005 Special Council Work Session Page 1 AMENDED AGENDA 2. Finance Department Report, Al Rolek A) Consider Resolution No. 05- Authorizing the Sale of $5,550,000 Taxable General Obligation Improvement Bonds Series 2005A pg. 18 (to follow) B) Consider Resolution No. 05- Authorizing the Sale of $3,945,000 General Obligation Improvement Refunding Bonds Series 2005B pg. 19 (to follow) 3. Administration Department Report, Dan Tesch A) Consideration of Deputy Clerk Temporary Salary Adjustment pg. 20 B) C) Consideration of Resignation of Officer James Carroll pg.21 -22 2005 council meeting (moved to October 12, D) Consideration of the 2006 Cable Commission and Media Center Budgets pg. 24 -44 E) Consider Resolution No. 05 -148, Authorizing Staff to Issue a Special Event Permit to Miller's On Main. pg. 44A -44E 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 -144, Authorizing Distribution of I- 35E Corridor Final AUAR, Jeff Smyser pg. 45 -47 B) Rice Lake Professional Center, Paul Bengtson i. Consider 2nd Reading of Ordinance 08 -05, Vacating Street and Utility Easement pg. 48 -53 ii. Consideration of Resolution No. 05 -125, Final Plat pg. 54 -57 Page 2 AMENDED AGENDA C) Apollo Landing i. Consideration of Resolution No. 05 -143, Planned Unit Development Final Plan, Paul Bengtson pg.58 -75 ii. Consideration of Resolution No. 05 -145, Development Agreement. Jim Studenski pg.76 -92 D) Consideration of Resolution No. 05 -147, Approving Plans and Specifications and Authorizing Advertisement for Bids, Well No. 5 Pumphouse, Jim Studenski pg. 93 -94 7. Unfinished Business A) None. 8. New Business A) None. 9. Community Calendar, September 27, 2005 through October 10, 2005: A) Special Planning & Zoning Board Meeting, Tuesday, September 27, 2005, 6:30 p.m. B) Park Board Meeting, Monday, October 3, 2005, 6:30 p.m. C) Council Work Session, Wednesday, October 5, 2005, 5:30 p.m. D) EDAC Meeting, Thursday, October 6, 2005, 7:00 a.m. D) City Council Meeting, Monday, October 10, 2005, 6:30 p.m. 10. Adjourn Revised 09/19/05 jmv 12:05 p.m. Page 3 EXPANDED AGENDA CITY OF LINO LAKES Monday, September 26, 2005 Council Chambers City Council meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) Open Mike ROBERT BENING, 6788 EAST SHADOW LAKE DRIVE AND AL DEMOTTS PRESENTED A PETITION REQUESTING A REFERENDUM BE PLACED ON THE NOVEMBER 2006 BALLOT AMENDING CITY CHARTER TO NOT ALLOW A PERSON TO BE ON THE CITY COUNCIL AND A MEMBER OF THE CHARTER COMMISSION. RESIDENTS LLOYD CHALUPSKY AND SALLY BACHMEIER, 2215 REILING ROAD, PRESENTED LETTERS AND PICTURES OF THEIR HOUSE SHOWING A SEWER PROBLEM EMANATING FROM THEIR NEIGHBOR. PUBLIC SERVICES DIRECTOR GROCHALA STATED A SITE INVESIGATION WAS COMPLETED AND THERE WAS NO INDICATION FLUENT WAS COMING FROM NEIGHBOR'S SEPTIC SYSTEM. MAYOR BERGESON SUGGESTED ANOTHER ANALYSIS BE SUBMITTED INDICATING IT IS SEWAGE. CORI DUFFY, 6256 HOLLOW LANE, AS A MEMBER OF THE CHARTER COMMISSION, EXPRESSED DISAPPOINTMENT WITH THE PRESENTATION OF THE PETITION. SHE STATED THE ISSUE WAS DISCUSSED AT THE LAST CHARTER MEETING AND WAS TABLED UNTIL THE OCTOBER MEETING. Call to Order and Roll Call Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items UNDER THE FINANCE REPORT ITEMS "A" AND "B" SHOULD BOTH STATE "AWARDING" RATHER THAN "AUTHORIZING" THE SALE OF BONDS. 1. Consent Agenda - A) Consideration of Expenditures: Page l EXPANDED AGENDA i) September 26, 2005 (Check No. 74766 through 74884 in the amount of $468,349.39). pg. 4 -15 ii) Centennial Fire District (Check No. 14892 through 14907 in the amount of $5,610.81). pg. 16 B) Consider Approving Application for Exempt Permit to Anoka County Pheasants Forever pg. 17 C) Consider Approving Application for Exempt Permit for Lino Lakes Chapter of the Junior Chamber of Commerce (Jaycees) for Officer Shawn Silvera Memorial Benefit pg. 17A D) Consideration of Resolution No. 05 -149 Approving Joint Powers Agreement with Anoka County for the Final Design -Lake Drive /135W Interchange pg. 17B -17G E) Consider minutes of August 17, 2005 Council Work Session F) Consider minutes of August 22, 2005 City Council Meeting G) Consider minutes of August 30, 2005 Special Council Work Session MOTION BY COUNCIL MEMBER DAHL, SECONDED BY STOLTZ TO APPROVE CONSENT AGENDA. MOTION PASSED UNANIMOUSLY. 2. Finance Department Report, Al Rolek A) Consider Resolution No. 05 -150, Authorizing the Sale of $5,550,000 Taxable General Obligation Improvement Bonds Series 2005A pg. 18 (to follow) MOTION BY STOLTZ, SECONDED BY DAHL AWARDING THE SALE OF $5,550,000. TAXABLE GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005A TO CRONIN & COMPANY. MOTION PASSED UNANIMOUSLY. B) Consider Resolution No. 05 -151, Authorizing the Sale of $3,945,000 General Obligation Improvement Refunding Bonds Series 2005B pg. 19 (to follow) MOTION BY CARLSON, SECONDED BY REINERT AWARDING THE SALE OF $3,945,000. TAXABLE GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2005B TO LEGG MASON WOOD WALKER INC. MOTION PASSED UNANIMOUSLY. Page 2 EXPANDED AGENDA 3. Administration Department Report, Dan Tesch A) Consideration of Deputy Clerk Temporary Salary Adjustment pg. 20 MOTION BY CARLSON, SECONDED BY STOLTZ TO APPROVE TEMPORARY SALARY ADJUSTMENT. MOTION PASSED UNANIMOUSLY. B) Consideration of Resignation of Officer James Carroll pg.21 -22 MOTION BY REINERT, SECONDED BY STOLTZ TO APPROVE RESIGNATION OF OFFICER JAMES CARROLL. MOTION PASSED 4 -1 WITH COUNCIL MEMBER CARLSON VOTING NAY. C) Consideration of Council Salaries 2007 pg. 23 (moved to October 10, 2005 council meeting D) Consideration of the 2006 Cable Commission and Media Center Budgets pg. 24 -44 MOTION BY COUNCIL MEMBER DAHL, SECONDED BY STOLTZ TO APPROVE 2006 BUDGETS. MOTION PASSED UNANIMOUSLY. E) Consider Resolution No. 05 -148, Authorizing Staff to Issue a Special Event Permit to Miller's On Main. pg. 44A -44E MOTION BY COUNCIL MEMBER REINERT, SECONDED BY DAHL TO APPROVE SPECIAL EVENT PERMIT. MOTION PASSED UNANIMOUSLY. 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 -144, Authorizing Distribution of I- 35E Corridor Final AUAR, Jeff Smyser pg. 45 -47 MOTION BY COUNCIL MEMBER REINERT, SECONDED BY STOLTZ TO APPROVE. MOTION PASSED 3 -2WITH COUNCIL MEMBER DAHL AND CARLSON OPPOSED. Page 3 EXPANDED AGENDA B) Rice Lake Professional Center. Paul Bengtson i. Consider 2nd Reading of Ordinance 08 -05, Vacating Street and Utility Easement pg. 48 -53 MOTION BY COUNCIL MEMBER CARLSON, SECONDED BY REINERT TO APPROVE SECOND READING. MOTION PASSED UNANIMOUSLY. ii. Consideration of Resolution No. 05 -125, Final Plat pg. 54 -57 MOTION BY COUNCIL MEMBER DAHL, SECONDED BY STOLTZ TO APPROVE FINAL PLAT. MOTION PASSED UNANIMOUSLY. C) Apollo Landing i. Consideration of Resolution No. 05 -143, Planned Unit Development Final Plan, Paul Bengtson pg.58 -75 MOTION BY COUNCIL MEMBER REINERT, SECONDED BY DAHL TO APPROVE FINAL PLAN. MOTION PASSED UNANIMOUSLY. ii. Consideration of Resolution No. 05 -145, Development Agreement. Jim Studenski pg.76 -92 MOTION BY COUNCIL MEMBER DAHL, SECONDED BY REINERT TO APPROVE. MOTION PASSED UNANIMOUSLY. D) Consideration of Resolution No. 05 -147, Approving Plans and Specifications and Authorizing Advertisement for Bids, Well No. 5 Pumphouse, Jim Studenski pg. 93 -94 MOTION BY COUNCIL MEMBER DAHL, SECONDED BY REINERT TO APPROVE. MOTION PASSED UNANIMOUSLY. 7. Unfinished Business A) None. 8. New Business A) None. 9. Community Calendar, September 27, 2005 through October 10, 2005: Page 4 EXPANDED AGENDA A) Special Planning & Zoning Board Meeting, Tuesday, September 27. 2005. 6:30 p.m. B) Park Board Meeting, Monday, October 3, 2005, 6:30 p.m. C) Council Work Session, Wednesday, October 5, 2005, 5:30 p.m. D) EDAC Meeting, Thursday, October 6, 2005, 7:00 a.m. D) City Council Meeting, Monday, October 10, 2005, 6:30 p.m. 10. Adjourn MOTION BY COUNCIL MEMBER STOLTZ, SECONDED BY REINERT TO ADJOURN AT 8:29 P.M.. MOTION PASSED UNANIMOUSLY. Revised 09/19/05 jmv 12:05 p.m. Robert Bening Al Demotts 09/26/2005 6788 E Shadow Lake Road 7140 Rice Lake Road The Petition. Petition To Stop A Conflict Of Interest We the undersigned, who are registered voters in the City of Lino Lakes (the City), request the City Council and /or the City Charter Commission to place on the November, 2006 state general election a referendum. This referendum would amend the City Charter to not allow the City Council members (including the Mayor) to also be members of the Lino Lakes Charter Commission. Proposed change to the Charter. On page three of the Lino Lakes City Charter. In Chapter II Section 2.04 insert "be a member of the City Charter Commission, ". Section 2.04 would be as follows: Section 2.04. Incompatible Offices. No member of the Council shall be a member of the City Charter Commission, hold any paid municipal office or employment through the City other than that to which elected. Further, until one (1) year after the expiration of his /her term, no Mayor or Council Member shall be appointed or employed by the City in a compensated position which was created, or the compensation for which was increased, during his/her term as Mayor or Council Member. Change to the Minnesota State Statutes Chapter 410 Section .05 before August 1, 2004 Subdivision 1. Appointment. No person shall be disqualified from serving on a charter commission by reason of holding any other elective or appointive office other than Judicial. After August 1, 2004 Except as otherwise provided in the charter, no person shall be disqualified from serving on a charter commission by reason of holding any other elective or appointive office other than judicial. The charter may provide that members of the governing body of the city cannot serve on the charter commission. Council authority to amend the Charter Minnesota State Statute CHAPTER 410 CLASSIFICATION; CHARTERS Section: 12 Amendments Subdivision 5. Amendments proposed by council. The council of any city having a home rule charter may propose charter amendments to the voters by ordinance. Any ordinance proposing such an amendment shall be submitted to the charter commission. Within 60 days thereafter, the charter commission shall review the proposed amendment but before the expiration of such period the commission may extend the time for review for an additional 90 days by filing with the city clerk its resolution determining that an additional time for review is needed. After reviewing the proposed amendment, the charter commission shall approve or reject the proposed amendment or suggest a substitute amendment. The commission shall promptly notify the council of the action taken. On notification of the charter commission's action, the council may submit to the people, in the same manner as provided in subdivision 4, the amendment originally proposed by it or the substitute amendment proposed by the charter commission. The amendment shall become effective only when approved by the voters as provided in subdivision 4. If so approved it shall be filed in the same manner as other amendments. Nothing in this subdivision precludes the charter commission from proposing charter amendments in the manner provided by subdivision 1. From page 5 of the Lino Lakes City Charter CHAPTER III COUNCIL PROCEDURE Section 3.04. ordinances, Resolutions and Motions. (Amended) Subdivision 1. Except as otherwise provided in this Charter or state law, an affirmative vote of three (3) or more members of the Council shall be required for the adoption of all ordinances, resolutions, and motions. The votes of Council Members on any action taken shall be recorded in accordance with state law BUILDING DEPARTMENT April 23, 2004 Kenneth Muehistedt 2221 Reiling Road Lino Lakes, MN 55110 Dear Mr, Muehlstedt, I have enclosed a copy of a certificate of survey for 2215 I :tiling Road. The survey shows your concrete slab by your garage is on your neighbor's prope:r.y. This concrete must be no closer than five (5) feet from your property line. Also, a 10 x 30, 300 square foot garage addition was added to your existing detached garage without a building permit. It is closer than the required five (5) foot setback to the property line. Please have the concrete and garage addition removed to camply with the ordinance setbacks. A uilding permit would need to be obtained for the garage addition. Another issue, is the septic system line was damaged when the new home was constructed at 2215 Reiiing Road. This line was not on your property. The result is that your septic system lost some capacity to treat wastewater. An on site evaluaticn or possible design will need to be obtained to insure that your septic system will operate properly. Please have these items resolved by Friday, May 14, 2004. If you have any questions, please call me at 651 - 982 -2460. Thank you in advance for your cooperation. Respectfully, Peter Kluegel Building Official PKlcl v cc: Address File 10/3 e#74°°° 600 Town Ccnrnr Parkway, Line I 1CSC. MiluS94atii ;014112Q Building Department: 651 - 982 -2420 •Pax: 651M-5.t09 .Cvilleltaaan110- 1alrtl4.fin lie COUNTY OF ;\NOKA (763) 422 -7063 City of Lino Lakes c/o Peter Kluegel, Bldg. Official 600 Town Center Parkway Lino Lakes, Mn 55014 COMMUNITY HEALTH :? ENVIRONMENTAL SERVICES DE' `ARTMENT Anoka County Government C.mter 2100 3rd Ave. Room 360 Anoka, MN 55303 -2264 Subject: 2115 and 2221 Reiling Road, Lino Lakes Dear Mr. Kluegel Fax (763) 323 -6150 September 13, 2005 During the first part of January 2005 I received a complaint from Lloyd Chalupsky at 2115 Reiling Road alleging the septic system soil treatment area serving the Muehlstadt residence at 2221 Reiling Road was located on part of his property. Mr. Chalupsky also indicated sewage effluent was moving into his property via the soil treatment area. Since that time we have met at the property a number of times with Mr. Chalupsky, the Muehlstadt's and representatives of both property owners. Our last meeting was on June 30, 2005 in response to testing which Pinnacle Engineering was doing. The results of this testing was set forth in the August 16, 2005 report by Pinnacle Engineering. Based on my observations, discussions with both homeowners, their representatives and the Pinnacle Engineering report it is my opinion the water moving into the Chalupsky property is the result of groundwater and not sewage effluent. If you have questions concerning this matter, please call me at 763- 422 -7066. erely, J.n M. Christensen Environmental Health Specialist Affirmative Action / Equal Opportunity Employer ems' 'Z:Aeo r .z.- e•'cr ,4 4:;0A", /6"el 4.2 9"7g 77 09/22/2005 THU 09:51 FAX 6514636501 KNUTSON EMPIRE _I 001 ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO 4334 CONNECTION TEL 7633236150 SUB-ADDRESS CONNECTION ID ST. TIME 09/22 09:51 USAGE T 0026 PGS. 3 RESULT OK Zerf/ . / .41/ ,•• ..•••;) / .•-•+ • 4,;.":2 7/4," A 67, L,AIOAATORY ANALYSIS REPORT 1061 -05 Instrumental Research, Inc. 7800 Main Street NE Fridley, MN 55432. Ph. 763571.30* Fax 70471.3372 MDH CLRT! D LABORATORY 027 -003 -130 Attn: Sill La Bore Write Rw 'Tow*,lp 1281 Plan1mond Road White Hear Towo hip, MN 55110 Parameter/Method Sample ID Friday, Septetttber 16, 5 Date Collected: 9/13/005 Date Received: 9/15/005 Collected By: Client Mai Units Mill Report* Mud*, Data um* (Tota1) Coli#bzm NOMA 2215 Reiiing Rd. - Sewer Pint (P-A) Absent Absent Or 13.2005 SM i9kls 9223 B. (P.l1) 2215 Rang Rd, - Well Absent (P -A), Absent Absent 9/15i2005 8. soli 2215 UMW lbsg 1 a + Sewer Posen MP 100 set <1 1 9115;1005 SM 19th 9223 R 2215 Relling Rd. - Well Abet MPis'i:co ler, <1 1 9/15200.5 Fecal cQU Zau Betted* 2215 Realm Rd, • Sewer 420 CPU/100 011.. 41 1 9/15k2005 sM 106 9273 D. 2215 Rolling Rd, - W61t <1 CFU /1O0 mL <1 1 9/1512005 Mb 0. Allosiwddoreation Serra < Moss t a* or ,ion daomeed at this lovsl CPU - Cotoivy Formi'xe Otto MPN•Most Praboblo N;ah6er Sawptae moo roothwt hyoid larkiits. slater, Assn tt may not b& wltd. All analyses were pox/buried tains Standard Mks for the Ekeralnation onside' and Wastewater, 18th and 19th edition EPA appal:wad methodologies. Report admitted by, 3U�t4NF1B MELCHIOR, LABORATORY SUPERVISOR 1 • EXPENDITURES SEPTEMBER 26, 2005 • Date: 09/08/2005 Time: 13:00:31 Ranges: • Options: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 4899 4899 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Detail / Summary: S Sort: N Vendor # Name City of Lino Lakes FM Entry - Invoice Journal Invoice Status: A Check Over Expend: N Operator: JAL Page: 1 # of copies: 1 # of items Net Discount Gross Discount Lost 000408 AFSCME COUNCIL #5 1 749.47 749.47 000781 .00 .00 SANCHEZ, KATHERINE 000903 BUDIG, TIM 1 124.98 124.98 000970 00 .00 VERIZON WIRELESS 1 57.24 57.24 001100 .00 .00 CIRCLE PINES POST OFFICE 2 518.54 518.54 001301 •00 .00 DELTA DENTAL PLAN OF MINNESOTA 1 4,264.45 4,264.45 001550 .00 .00 FORTIS BENEFITS, INC. 001850 1 1,027.65 1,027.65 .00 .00 HOFFMAN, MICHAEL 1 77.97 77.97 002208 .00 .00 LAW ENFORCEMENT LABOR SERVICES, INC. 1 814.00 814.00 002694 .00 .00 SBC, INC. 1 26.82 26.82 .00 002816 HARVILLE, LAURA .00 1 40.00 40.00 002821 .00 .00 YOCH, ANDREA '1 MN CHILD SUPPORT PAYMENT CENTER 1 55.00 55.00 .00 .00 1 246.42 246.42 003492 .00 .00 PETTY CASH 1 302.36 302.36 003872 .00 .00 WEIERS, JOHN 1 70.00 70.00 004012 .00 .00 SILVERA, JENNIFER 1 485.69 485.69 .00 .00 Grand Totals: 17 8,910.59 8,910.59 .00 .00* 1 50.00 50.00 .00 .00 • - 5 - Date: 09/16/2005 Time: 09:39:44 Ranges: Options: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 4904 - 4904 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Detail / Summary: S Sort: N Vendor # Name City of Lino Lakes Operator: JAL FM Entry - Invoice Journal Invoice Status: A # of copies: 1 Check Over Expend: N Page: 1 # of items Discount Net Gross Discount Lost 000020 A & L SUPERIOR SOD CO, INC. 1 5.75 5.75 .00 .00 000057 PREMIUM WATERS, INC. 1 31.59 31.59 .00 .00 000065 SCHARBER & SONS, INC. 1 119.31 119.31 .00 .00 000082 J. H. LARSON COMPANY, INC. 1 56.37 56.37 .00 .00 000093 ACE SOLID WASTE, INC. 1 460.32 460.32 .00 .00 000095 ADVANCED GRAPHIX, INC. 1 203.80 203.80 .00 .00 000157 ALL SEASONS RENTAL, INC. 1 81.31 81.31 .00 .00 000198 FEDERAL SIGNAL CORPORATION 1 2,625.00 2,625.00 .00 .00 000203 WINGFOOT COMMERCIAL TIRE SYSTEMS, LLC 1 62.30 62.30 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 1 55.81 55.81 .00 .00 000234 W.B. MILLER, INC. 1 87,958.53 87,958.53 .00 .00 000248 MN DEPT OF ADMINISTRATION .56 DEEP ROCK WATER COMPANY 2 90.00 90.00 .00 .00 1 94.20 94.20 .00 .00 000293 WIPERS AND WIPES, INC. 2 391.41 391.41 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 1 90.00 90.00 .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 90.96 90.96 .00 .00 000320 ANCHOR PAPER COMPANY, INC. 1 816.43 816.43 .00 .00 000364 NORTHERN AIR CORPORATION 1 914.63 914.63 .00 .00 000375 SYCOM, INC. 1 306.78 306.78 .00 .00 000420 ANOKA COUNTY 1 18,942.09 18,942.09 .00 .00 000465 MN DEPT OF ADMIN /INTECH GROUP 1 37.00 37.00 .00 .00 000544 STATE OF MINNESOTA 1 30.00 30.00 .00 .00 • Date: 09/16/2005 Time: 09:39:44 Vendor # Name .27 J. P. COOKE COMPANY, INC. 1 51.07 51.07 .00 000673 .00 LANDFORM ENGINEERING COMPANY, INC. 1 197.38 197.38 .00 000677 OC PHILIP'S TREE CARE 2 2,293.33 2,293.33 .00 000685 .00 BILL'S GUN SHOP /RANGE -BJAM, INC. 1 325.89 325.89 .00 000718 .00 HOMES BY J BROWN 1 8,500.00 8,500.00 .00 000724 .00 BLUE TOW SERVICE, INC. 1 85.20 85.20 000770 .00 .00 BOYER TRUCKS, INC. 2 131.54 131.54 000900 W E LAHR COMPANY .00 .00 1 157.37 157.37 000910 .00 .00 A NOKA COUNTY PARK /REC 1 182.80 182.80 000930 •00 .00 WILLIAM G. HAWKINS & ASSOCIATES 1 16,253.10 16,253.10 .00 000946 .00 C. P. OFFICE PRODUCTS 1 86.55 86.55 000979 .00 .00 VAN METER & ASSOCIATES, INC. 1 220.00 220.00 .00 000980 .00 UNITED RENTALS, INC. 1 919.05 919.05 .00 000990 .00 CNN CAPITAL 1 3.36 3.36 001000 .00 .00 CATCO PARTS, INC. 1 107.28 107.28 001014 .00 .00 T/C BUILDERS, INC. 001043 1 4,500.00 4,500.00 .00 .00 •CENTRAL LANDSCAPING, INC. 2 77,608.85 77,608.85 .00 .00 6 HARMON AUTOGIASS, INC. 1 1,329.70 1,329.70 001094 •00 .00 APPLIED ECOLOGICAL SERVICES, INC. 1 202.50 202.50 001187 .00 .00 CONNEXUS ENERGY 1 3,815.94 3,815.94 001260 .00 .00 ACCLAIM BENEFITS 1 149.35 149.35 001267 •00 .00 FAST BREAK CORNER MARKET, INC. 1 9.58 9.58 001292 .00 .00 DEHN OIL COMPANY, INC. 2 5,412.82 5,412.82 001349 •00 .00 E. H. RENNER & SONS, INC. 1 32,822.50 32,822.50 .00 001530 .00 FOREST LAKE FORD, INC. 1 133.51 133.51 .00 001540 .00 FORESTRY SUPPLIERS, INC. 1 43.53 43.53 .00 001560 .00 FRATTALLONE'S HARDWARE, INC. 1 83.44 83.44 .00 .00 City of Lino Lakes Operator: JAL FM Entry - Invoice Journal Page: 2 Discount # of items Net Gross Discount Lost Date: 09/16/2005 Time: 09:39:45 Vendor # Name City of Lino Lakes Operator: JAL FM Entry - Invoice Journal •561 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 1 16,503.19 16,503.19 001600 .00 pC GALL'S INC. 1 48.21 48.21 001621 .00 00 GREG LARSON SPORTS - GLS, INC. 1 688.48 688.48 001660 .00 00 GOPHER BEARING COMPANY, INC. 1 143.43 143.43 001680 .00 OC ONE CALL CONCEPTS, INC. 1 918.00 918.00 001816 .00 .00 CENTER FOR ENERGY & ENVIRONMENT. INC. 1 350.00 350.00 001850 .00 .00 HOFFM.1, MICHAEL 1 179.95 179.95 001880 .00 .00 HUGO FEED MILL & ELEVATOR, INC. 2 343.96 343.96 002030 .00 .00 J- CRAFT, INC. 1 131.78 131.78 002144 .00 .00 JAY BROTHERS, INC. 1 12,393.70 12,393.70 002320 .00 .00 LEAGUE OF MN CITIES INS TRST 1 1,500.00 1,500.00 002328 .00 .00 LEEF BROTHER, INC. 1 34.02 34.02 002340 .00 .00 IMAGE PRINTING & GRAPHICS, INC. 1 126.11 126.11 002373 .00 .00 OLSEN, ROGER E. 1 3,100.79 3,100.79 002517 .00 .00 MEADOW VIEW HOMES 1 6,500.00 6,500.00 002522 .00 .00 DALCO ROOFING /SHEET METAL, INC. 1 632.20 632.20 002550 .00 .00 MENARDS, INC. 70 METRO COUNCIL WASTEWATER SERVICES 2 28.90 28.90 .00 .00 1 91,022.56 91,022.56 002786 .00 .00 MINNESOTA CRIME PREVENTION ASSOCIATION 1 75.00 75.00 002827 .00 .00 CHENAN CONSTRICTION, INC. 1 2,500.00 2,500.00 002829 .00 .00 CMI, INC. 1 56.41 56.41 002846 .00 .00 FEDERAL WARNING SYSTEMS, INC. 1 900.68 900.68 002850 .00 .00 MID - STATES ORGANIZED CRIME 1 420.00 420.00 002851 .00 .00 GROUND FIGHTING 1 100.00 100.00 002980 .00 .00 SUMMIT FIRE PROTECTION 1 380.00 380.00 002996 .00 .00 UNITED SUPPLY CORPORATION 1 66.74 66.74 002997 .00 .00 YOUNG, Y,EVIN 1 140.00 140.00 .00 .00 Page: 3 # of items N Discount Net Gross Discount Lost • Date: 09/16/2005 Time 09:39:45 Vendor # Name City of Lino Lakes Operator: JAL FM Entry - Invoice Journal Page: 4 # of items Discount Net Gross Discount Lost 11111121 IDEA ART 1 58.75 58.75 .00 003123 NAT OC NATURE CALLS, INC. 1 711.15 711.15 .00 .00 003180 NEWMAN TRAFFIC SIGNS, INC. 2 847.21 847.21 .00 003220 .00 FACTORY MOTOR PARTS COMPANY, INC. 1 265.90 265.90 .00 003250 .00 XCEL ENERGY 1 6,720.42 6,720.42 .00 003370 .00 NYSTROM PUBLISHING COMPANY, INC. 1 4,938.67 4,938.67 .00 003443 .00 OTTER LAKE ANIMAL CARE CENTER, INC. 1 998.19 998.19 .00 .00 003600 PRESS PUBLICATIONS, INC. 5 346.80 346.80 .00 .00 003641 QQEST SOFTWARE SYSTEMS, INC. 1 349.00 349.00 .00 .00 003880 SHORT - ELLIOTT- HENDRICKSON, INC. 1 1,075.50 1,075.50 .00 .00 003882 SHRED -IT, INC. 1 54.95 54.95 .00 .00 003900 SAFETY KLEEN CORPORATION, INC. 2 164.30 164.30 .00 .00 003910 SAM'S CLUB, INC. 1 372.06 372.06 .00 .00 004120 ST. JOSEPH EQUIPMENT, INC. 1 434.52 434.52 .00 .00 004130 ST. PAUL PIONEER PRESS, INC. 1 208.00 208.00 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 2 1,386.18 1,386.18 .00 .00 004342 T & D HOMES 0 T.K.D.A. 1 1,500.00 1,500.00 .00 .00 3 26,625.38 26,625.38 .00 004410 .00 THANE HAWKINS POLAR CHEVROLET, INC. 1 57.26 57.26 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 1 250.75 250.75 .00 .00 004530 TURF SUPPLIES, INC. 1 827.51 827.51 .00 DO 004560 U S BANK 1 1,081.92 1,081.92 .00 .00 004604 MINNESOTA DEPARTMENT OF PUBLIC SAFETY 1 40.00 40.00 .00 .00 004840 WINNICK SUPPLY, INC. 1 84.37 84.37 .00 .00 900491 ROSEVILLE, CITY OF 1 1,666.67 1,666.67 .00 .00 Grand Totals: 118 459,438.80 459,438.80 .00 .00* • Date: 09/16/2005 Time: 09:52:00 Operator: JAL •ges: Options: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: Cash #: Payroll Check Dates: (A) (A) (A) (A) (A) (R) 4899 4906 (A) (A) (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name 74767 0 0 0 74770 74772 0 74774 0 0 0 74775 0 0 74777 0 0 0 11101781 0 74782 • Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept Amount AFSCME COUNCIL #5 ANOKA COUNTY BLUE TOW SERVICE, INC CHENAN CONSTRICTION, DELTA DENTAL PLAN OF HARVILLE, LAURA HOMES BY J BROWN LAW ENFORCEMENT LABOR LEAGUE OF MN CITIES I MEADOW VIEW HOMES METRO COUNCIL WASTEWAT MN CHILD SUPPORT PAYME NEWMAN TRAFFIC SIGNS, PRESS PUBLICATIONS, IN SANCHEZ, KATHERINE T & D HOMES T.K.D.A. T/C BUILDERS, WEIERS, JOHN WILLIAM G. HAWKINS YOCH, ANDREA PAYROLL WITHHOLDING TIF PROCEEDS /DISTRICT 1 . CHEV CAVALIER '98 I REIMB BLDG ESCROW /6550 M DENTAL INSURANCE REIMBURSE PROGRAM REC REIMB BLDG ESCROW /1533 PAYROLL WITHHOLDING N VOLUNTEER COVERAGE REIMS BLDG ESCROW /6428 AUGUST SAC /SEPTEMBER SE MECKLE, TERRY J BARRICADES RICE LAKE PROF BUILDING REIMBURSE PROGRAM REC REIMB BLDG ESCROW /7907 GEN ENGINEERING /JULY REIMB BLDG ESCROW /6440 REIMBURSE PROGRAM REC & A ATTORNEY /AUGUST REIMBURSE PROGRAM REC Total for Dept ** INC. O YOUNG, KEVIN O ANOKA COUNTY PARK /REC 0 IDEA ART 0 GREG LARSON SPORTS - G 0 PRESS PUBLICATIONS, IN O GREG LARSON SPORTS - REIMBURSE PROGRAM REC Total for Dept 202 * * * * * * ** _ * * * * * * ** * * * * * * ** p * * * * * * ** * * * * * * ** * * * * * * ** M * * * * * * ** * * * * * * ** * * * * * * ** p * * * * * * ** W * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** H * * * * * * ** * * * * * * ** p * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** MIDDLE SCHOOL BEACH PART PAPER Total for Dept 205 ADULT SP SPECIAL SPECIAL GOAL LINE /SOCCERBALLS YOUTH IN ADVERTISING YOUTH IN Total for Dept 207 749.47 18,970.55 85.20 2,500.00 2,447.12 40.00 8,500.00 814.00 1,000.00 6,500.00 45,936.00 246.42 468.82 62.10 50.00 1,500.00 7,875.32 4,500.00 70.00 1,000.00 55.00 103,370.00* 140.00 140.00* 182.80 58.75 241.55* 119.24 66.00 185.24* G GOAL LINE /SOCCERBALLS YOUTH SP 569.24 Total for Dept 208 569.24* Date: 09/16/2005 elk # Vendor Alpha Name Time: 09:52:00 Operator: JAL Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Description Dept Amount 0 FRATTALLONE'S HARDWARE ACID /DRILL BIT /ROPE /BUSH MAYOR /CO 0 NYSTROM PUBLISHING COM NEWSLETTER PRINTING /POST MAYOR /CO 0 TIMESAVER OFF -SITE SEC AUG 22 MAYOR /CO Total for Dept 401 0 ACCLAIM BENEFITS FLEXIBLE SPENDING ADMINI 74770 DELTA DENTAL PLAN OF M DENTAL INSURANCE 74771 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS 0 PREMIUM WATERS, INC. MONTHLY SERVICE /AUGUST 0 PRESS PUBLICATIONS, IN ADVERTISING /CLERK 0 SAM'S CLUB, INC. SUPPLIES 0 ST. PAUL PIONEER PRESS SUBSCRIPTION /52 WEEKS Total for Dept 402 74771 FORTIS BENEFITS, INC 74770 74771 0 ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST • LONG TERM DISABILITY INS SENIORS Total for Dept 406 DELTA DENTAL PLAN OF FORTIS BENEFITS, INC. ROSEVILLE, CITY OF 0 WILLIAM G. M DENTAL INSURANCE LONG TERM DISABILITY INS JOINT POWERS AGREEMENT Total for Dept 407 HAWKINS & A ATTORNEY /AUGUST LEGAL CO Total for Dept 414 74770 DELTA DENTAL PLAN OF M DENTAL INSURANCE ECONOMIC 74771 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS ECONOMIC 0 LANDFORM ENGINEERING C MASTER PLAN ECONOMIC Total for Dept 415 070 DELTA DENTAL PLAN OF M DENTAL INSURANCE 71 FORTIS BENEFITS, INC. LONG TERM DISABILITY 0 SHORT - ELLIOTT - HENDRICK GIS /AUGUST 0 U S BANK SUPPLIES Total for Dept 416 FINANCE FINANCE FINANCE 0 T.K.D.A. PLANNING INS PLANNING PLANNING PLANNING 4.89 2,403.31 250.75 2,658.95* 149.35 153.26 95.81 31.59 218.70 171.33 208.00 1,028.04* 4.81 4.81* 107.30 63.37 1,666.67 1,837.34* 14,778.10 14,778.10* 30.65 14.34 197.38 242.37* 61.30 27.68 1,075.50 210.00 1,374.48* GEN ENGINEERING /JULY ENGINEER 5,880.93 Total for Dept 417 5,880.93* 74770 DELTA DENTAL PLAN OF M DENTAL INSURANCE COMM DEV 74771 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS COMM DEV 0 U S BANK SUPPLIES COMM DEV Total for Dept 418 0 BILL'S GUN SHOP /RANGE- 0 C. P. OFFICE PRODUCTS 74769 CIRCLE PINES POST OFFI 0 CMI, INC. 0 CONNEXUS ENERGY 74770 DELTA DENTAL PLAN OF M • AMMO OFFICE SUPPLIES STAMPS MOUTHPIECE /100 MONTHLY SERVICE /AUGUST DENTAL INSURANCE POLICE POLICE POLICE POLICE POLICE POLICE 61.30 45.01 50.00 156.31* 325.89 86.55 37.00 56.41 21.31 516.75 Date: 09/16/2005 Time: 09:52:00 Operator: JAL Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills •ck # Vendor Alpha Name 0 0 0 0 74771 0 0 0 0 0 0 0 74776 0 0 74779 0 0 74780 74770 Description Dept Amount EMERGENCY AUTOMOTIVE T LITES /SIREN /SWITCHES POLICE FAST BREAK CORNER MARK CARWASHES POLICE FEDERAL SIGNAL CORPORA SIREN CONTROL /BATTERY /CA POLICE FEDERAL WARNING SYSTEM BATTERY CABINET POLICE FORTIS BENEFITS, INC. LONG TERM DISABILITY INS POLICE PADS POLICE POLICE & POLICE POLICE GALL'S INC. GROUND FIGHTING PHOTOS MID- STATES ORGANIZED C REGISTRATION /MELINDA B MINNESOTA CRIME PREVEN REGISTRATION KAREN A MINNESOTA DEPARTMENT 0 REGISTRATION /KAREN A POLICE MN DEPT OF ADMIN /INTEC JULY USAGE POLICE OTTER LAKE ANIMAL CARE ANIMAL CONTROL POLICE PETTY CASH STAMPS /MAPS /PARADE /PATCH POLICE SAM'S CLUB, INC. SUPPLIES POLICE SHRED -IT, INC. DESTROY CONFIDENTIAL MAT POLICE SILVERA, JENNIFER REIMBURSE TUITION POLICE U S BANK SUPPLIES POLICE VAN METER & ASSOCIATES TRAINING /KENT S & KURT R POLICE VERIZON WIRELESS MONTHLY SERVICE /AUGUST POLICE Total for Dept 420 DELTA DENTAL PLAN OF M DENTAL INSURANCE FIRE 74771 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS FIRE Total for Dept 421 74770 DELTA DENTAL PLAN OF M DENTAL INSURANCE BUILDING 74771 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS BUILDING 0 MN DEPT OF ADMINISTRAT LICENSE /PATRICK M BUILDING Total for Dept 422 0 0 CONNEXUS ENERGY MONTHLY SERVICE /AUGUST 770 DELTA DENTAL PLAN OF M DENTAL INSURANCE 74771 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS 0 HUGO FEED MILL & ELEVA BOOTS 0 PHILIP'S TREE CARE SPRAY TREES 74778 SBC, INC. MONTHLY SERVICE /SEPTEMBE 0 T.A. SCHIFSKY AND SONS ASPHALT 0 UNITED RENTALS, INC. TAMPER /CROWFOOT RENTAL Total for Dept 430 0 0 0 0 0 74770 0 0 74771 0 • AMERICAN FASTENER & SU BOYER TRUCKS, INC. CATCO PARTS, INC. CNH CAPITAL DEHN OIL COMPANY, INC. DELTA DENTAL PLAN OF M FACTORY MOTOR PARTS CO FOREST LAKE FORD, INC. FORTIS BENEFITS, INC. HARMON AUTOGLASS, INC. WASHERS /SCREWS /RINGS /CON MUFFLER FITTINGS /HOSE FINANCE CHARGE GASOHOL DENTAL INSURANCE CALIPER ROTOR /BOLT LONG TERM DISABILITY INS WINDSHIELDS /5 STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET 16,503.19 9.58 2,625.00 900.68 398.91 48.21 100.00 420.00 75.00 40.00 37.00 998.19 302.36 137.96 54.95 485.69 239.62 220.00 57.24 24,697.49* 89.83 40.34 130.17* 122.62 50.80 90.00 263.42* 786.20 179.31 78.66 191.65 399.38 8.94 1,386.18 919.05 3,949.37* 55.81 131.54 107.28 3.36 5,412.82 35.25 265.90 133.51 13.55 1,329.70 Date: 09/16/2005 Time: 09:52:00 Operator: JAL Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills •k # Vendor Alpha Name Description Dept Amount O HUGO FEED MILL & ELEVA 0 J- CRAFT, INC. O LEEF BROTHER, INC. 0 MENARDS, INC. 0 QQEST SOFTWARE SYSTEMS O SCHARBER & SONS, INC. 0 ST. JOSEPH EQUIPMENT, 0 THANE HAWKINS POLAR CH 0 UNITED SUPPLY CORPORAT 0 W E LAHR COMPANY O WINGFOOT COMMERCIAL TI O WINNICK SUPPLY, INC. T IDLER /ARM /SPRING /SLEEVE/ FLEET CABLE /HOOK UP KIT FLEET SHOP TOWELS FLEET TUBING FLEET SERVICE AGREEMENT FLEET EXTENSION /BEARING /GAUGE FLEET TOOTH FLEET RESISTOR /BAG /TL /ST FLEET PARTS FLEET PARTS FLEET TIRE FLEET WIRE /VALVE /GUAGE /BUSHING FLEET otal for Dept 431 0 ACE SOLID WASTE, INC. WASTE REMOVAL /SEPTEMBER GOVERNME 0 ADVANCED GRAPHIX, INC. GRAPHICS 0 AMERIPRIDE LINEN /APPAR MAT RENTAL GOVERNME GOVERNME 0 ANCHOR PAPER COMPANY, PAPER GOVERNME 0 CENTER FOR ENERGY & EN INSPECTION 0 CONNEXUS ENERGY GOVERNME 0 DALCO ROOFING /SHEET ME REPLACE DETERIORATED SCAU GOVERNME 0 DEEP ROCK WATER COMPAN MONTHLY SERVICE /AUGUST GOVERNME 74770 DELTA DENTAL PLAN OF M DENTAL INSURANCE GOVERNME 74771 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS GOVERNME 0 IMAGE PRINTING & GRAPH PAPER 0 J. H. LARSON COMPANY, GOVERNME BULBS GOVERNME 0 J. P. COOKE COMPANY, I LICENSE TAGS 0 LEAGUE OF MN CITIES IN VOLUNTEER COVERAGE GOVERNME 0 MENARDS, INC. GOVERNME 0 NORTHERN AIR CORPORATI BOILERRWORKED LIGHTNIN GOVERNME 0 OLSEN, ROGER E. GOVERNME 0 STATE OF MINNESOTA BCISI /22 TELEPHONE/PATCH PANEL /JA GOVERNME 0 SUMMIT FIRE PROTECTION INSPECTION /3 GOVERNME GOVERNME 0 U S BANK SUPPLIES GOVERNME 0 WIPERS AND WIPES, INC. JANITORIAL SUPPLIES 0 XCEL ENERGY GOVERNME MONTHLY SERVICE /AUGUST GOVERNME Total for Dept 432 • 0 0 0 0 74770 74771 0 0 74773 0 0 0 • A & L SUPERIOR SOD CO, ACE SOLID WASTE, INC. ALL SEASONS RENTAL, IN CONNEXUS ENERGY DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. FRATTALLONE'S HARDWARE HOFFMAN, MICHAEL HOFFMAN, MICHAEL NATURE CALLS, INC. NEWMAN TRAFFIC SIGNS, PHILIP'S TREE CARE SOD PARKS WASTE REMOVAL /SEPTEMBER PARKS SEEDER RENTAL PARKS MONTHLY SERVICE /AUGUST PARKS DENTAL INSURANCE PARKS LONG TERM DISABILITY INS PARKS ACID /DRILL BIT /ROPE /BUSH PARKS REIMBURSE CLOTHING ALLOW PARKS REIMBURSE CLOTHING ALLOW PARKS PORTABLE RESTROOM RENTAL PARKS TRAIL SIGNS PARKS SPRAY TREES PARKS 152.31 131.78 34.02 2.66 349.00 119.31 434.52 57.26 66.74 157.37 62.30 84.37 9,140.36* 349.17 203.80 90.96 816.43 350.00 1,334.54 632.20 94.20 30.65 8.39 126.11 56.37 51.07 500.00 26.24 914.63 3,100.79 30.00 380.00 482.30 391.41 6,454.29 16,423.55* 5.75 111.15 81.31 42.91 137.94 80.96 68.35 179.95 77.97 711.15 378.39 1,893.95 Date: 09/16/2005 Time: 09:52:00 Operator: JAL Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills .k # Vendor Alpha Name Description Dept Amount 0 TURF SUPPLIES, INC. BAGS ATHLETICPRO 0 U S BANK PARKS SUPPLIES PARKS Total for Dept 450 74770 DELTA DENTAL PLAN OF M DENTAL INSURANCE RECREATI 74771 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS RECREATI 0 NYSTROM PUBLISHING COM NEWSLETTER PRINTING /POST RECREATI 0 SAM'S CLUB, INC. SUPPLIES RECREATI Total for Dept 451 74770 DELTA DENTAL PLAN OF M DENTAL INSURANCE 0 FORESTRY SUPPLIERS, IN LABEL ENVIRONM ENVIRONM 74771 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS ENVIRONM 0 U S BANK SUPPLIES ENVIRONM Total for Dept 461 74770 DELTA DENTAL PLAN OF M DENTAL INSURANCE SOLID WA 74771 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS SOLID WA 0 SAFETY KLEEN CORPORATI RECYCLE USED OIL SOLID WA Total for Dept 462 74770 DELTA DENTAL PLAN OF M DENTAL INSURANCE FORESTRY 74771 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS FORESTRY Total for Dept 463 74768 74766 0 74770 74771 0 0 74778 0 74766 0 74770 74771 0 0 0 74778 0 • BUDIG, TIM REIMBURSE CLOTHING ALLOW WATER M CIRCLE PINES POST OFFI UTILITY BILLING POSTAGE WATER CONNEXUS ENERGY MONTHLY SERVICE /AUGUST WATER DELTA DENTAL PLAN OF M DENTAL INSURANCE WATER FORTIS BENEFITS, INC. LONG TERM DISABILITY INS WATER FRATTALLONE'S HARDWARE ACID /DRILL BIT /ROPE /BUSH WATER INSTRUMENTAL RESEARCH, WATER SAMPLES WATER ONE CALL CONCEPTS, INC MONTHLY SERVICE /AUGUST WATER NEC, INC. MONTHLY SERVICE / SEPTEMBE WATER SYCOM, INC. SOLENOID WATER Total for Dept 494 M CIRCLE PINES POST OFFI CONNEXUS ENERGY DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. GOPHER BEARING COMPANY METRO COUNCIL WASTEWAT ONE CALL CONCEPTS, INC SEC, INC. XCEL ENERGY 0 ANOKA COUNTY 0 APPLIED ECOLOGICAL UTILITY BILLING POSTAGE MONTHLY SERVICE /AUGUST DENTAL INSURANCE LONG TERM DISABILITY INS UTILITY SUPPLIES AUGUST SAC /SEPTEMBER SEW MONTHLY SERVICE /AUGUST MONTHLY SERVICE /SEPTEMBE MONTHLY SERVICE /AUGUST Total for Dept 495 SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER 827.51 50.00 4,647.29* 98.08 35.75 2,535.36 62.77 2,731.96* 10.72 43.53 10.53 50.00 114.78* 9.20 4.55 164.30 178.05* 10.73 5.31 16.04* 124.98 240.77 1,348.96 96.54 24.43 10.20 90.00 459.00 13.41 306.78 2,715.07* 240.77 282.02 65.90 24.45 143.43 45,086.56 459.00 4.47 266.13 46,572.73* TIF PROCEEDS /DISTRICT 1- OTHER SER CONSULTING HOURS JULY -28.46 / OTHER 202.50 -14- Date: 09/16/2005 Time: 09:52:00 Operator: JAL Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills •k # Vendor Alpha Name Description Dept Amount 0 CENTRAL LANDSCAPING, I CONTRACTOR BIRCH /HODGSON OTHER 74783 M CENTRAL LANDSCAPING, I CONTRACTOR BIRCH / HODGSON OTHER 62,758.00 0 E. H. RENNER & SONS, I CONTRACTOR WELL #5 OTHER 32,822.50 0 JAY BROTHERS, INC. CONTRACTOR 2004 SURFACE OTHER 12,39370 0 T.K.D.A. GEN ENGINEERING/ 12.869.13 0 W.B. MILLER, INC. / OTHER 87,958.53 0 WILLIAM G. HAWKINS & A ATTORNEY/AUGUST DRIVE OTHER 87,958.53 OTHER 475.00 Total for Dept 499 224,301.75* Grand Total 468,349.39* • • Centennial Fire District Check Register 9/19/2005 The disbursements listed below are submitted by the Centennial Fire District fo'r your approval: DATE CHECK# NAME 9/15/2005 14892 9/15/2005 14893 9/15/2005 14894 9/15/2005 14895 9/15/2005 14896 9/15/2005 14897 9/15/2005 14898 9/15/2005 14899 9/15/2005 14900 9/15/2005 14901 9/15/2005 14902 9/15/2005 14903 9/15/2005 14904 9/15/2005 14905 9/15/2005 14906 9/15/2005 14907 • • Aspen Mills Bill's Rental Center Center Mart David Bruder Emergency Apparatus Maintenance Image Printing & Graphics Loffler Business Systems Minnesota State Fire Chiefs Assn. NFPA Qwest Randy D. Lauderbaugh Randy T. Rolstad The Youth's Company Viking Office Products Xcei Energy Sam's Club Total 1 of 1 - 16 - ACCOUNT 42120 - Uniform Expense 45010 - Safety Camp Expense 42100 - Fuel and Lube 42280 - Miscellaneous Expense 42000 - Vehicle Maintenance 42180 - Office Supplies Expense 42180 - Office Supplies Expense 42220 - Travel, Conf., School 42200 - Dues and Memberships 42240 - Telephone 42220 - Travel, Conf., School 42190 - Fire Prevention Supplies 42190 - Fire Prevention Supplies 42180 - Office Supplies Expense 42254 - Station 2 - Electric 45010 - Safety Camp Expense AMOUNT 75.00 8.47 284.55 21.81 2,400.96 701.41 25.80 150.00 135.00 187.90 367.70 48.50 101.93 36.66 723.66 341.46 5,610.81 AGENDA ITEM 1B STAFF ORIGNINATOR: Jean Viger, Deputy Clerk MEETING DATE: September 26, 2005 TOPIC: Consider Approving Application for Exempt Permit for Lawful Gambling License, Anoka County Pheasants Forever VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: The organization, Anoka County Pheasants Forever, has applied for an exempt permit to conduct a raffle on February 26, 2006. Non - profit organizations are allowed, under the State Gambling Statutes, to apply for an exempt from gambling license if they conduct fewer than five (5) gambling occasions per calendar year. Anoka County Pheasants Forever conducts fewer than five (5) per calendar and, therefore, remains exempt from requiring a gambling license. Minnesota Statute, Chapter 349, Section 349.166, Subd. 2 does, however, require that the non - profit organizations applying for the exemption permit notify the city that they are applying for the exemption. A copy of the application is on file in the city clerk's office, along with proof of non - profit status. The police department is conducting a background investigation on the CEO of the organization. OPTIONS: 1. Adopt a motion approving the application for exemption upon favorable results of the background investigation. 2. Deny the application for exemption. RECOMMENDATION: Option No. 1 • • • AGENDA ITEM 1C STAFF ORIGNINATOR: Jean Viger, Deputy Clerk MEETING DATE: September 26, 2005 TOPIC: Consider Approving Application for Exempt Permit from Lawful Gambling, Lino Lakes Chapter of the Junior Chamber of Commerce (Jaycees) VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: The Lino Lakes Chapter of the Junior Chamber of Commerce (Jaycees) has submitted an application for exempt permit to conduct a raffle at the Officer Shawn Silvera Memorial Benefit on Sunday, October 16, 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. The Jaycees conducts fewer than five and are not required to secure a gambling license. Minnesota Statute, Chapter 349, Section 349.166, Subd. 2 does, however, require that the non - profit organizations applying for the exemption permit notify the City that they are applying for the exemption. A copy of the application for exempt permit and a copy of non -profit status are on file in the City Clerk's office. The Lino Lakes Police Department conducted a background investigation and found no reason to deny approval of the application. OPTIONS: 1. Adopt a motion approving the application for exemption 2. Deny the application for exemption RECOMMENDATION: Option No. 1 • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 1D Michael Grochala September 26, 2005 Consideration of Resolution No. 05 -149 Approving Joint Powers Agreement with Anoka County for the Final Design - Lake Drive /I35W Interchange ACTION REQUIRED: Simple Majority BACKGROUND On July 25, 2005 the City Council authorized final design of the CSAH 23/I -35W Interchange (Resolution No. 05 -107) with the understanding that Anoka County would fund up to 50% of the project cost. The estimated cost of the design as proposed by SEH Inc., the City's consulting engineering is $575,480. Anoka County share of the design work is $287,740. City staff received the Final Design Joint Powers Agreement (JPA) from Anoka County on Tuesday, September 20, 2005. Anoka County has approved the JPA for execution. Both City staff and the City Attorney have reviewed the document and are requesting council approval. RECOMMENDATION Staff is recommending approval of the JPA with Anoka County. ATTACHMENTS 1. Resolution No. 05 -149 2. Joint Powers Agreement • City Council JPA Anoka County September 26, 2005 CITY OF LINO LAKES RESOLUTION NO. 05 -149 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH COUNTY OF ANOKA LAKE DRIVE /I -35W INTERCHANGE FINAL 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 final design study 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 the Final Design 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 26th day of September, 2005. ATTEST: Jean Viger, Deputy Clerk • John J. Bergeson, Mayor . Anoka County Contract No. 2005 -0537 • • JOINT POWERS AGREEMENT FOR FINAL DESIGN AND LAND ACQUISITION FOR THE RECONSTRUCTION OF COUNTY STATE AID HIGHWAY 23 (LAKE DRIVE) AND I- 35W INTERCHANGE 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 Parkway, Lino Lakes, Minnesota 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 -35 and County State Aid Highway 23 (Lake Drive) as soon as possible; and, WHEREAS, the parties to this agreement consider it mutually desirable to prepare a final engineering plans, cost estimate and proceed with land acquisition for the reconstruction of the Interchange; and, WHEREAS, Anoka County has jurisdiction over County State Aid Highway 23 (Lake Dr.); and, WHEREAS, The Minnesota Department of Transportation has jurisdiction over I -35W; and, WHEREAS, the parties agree that the City shall cause the final design study of the Interchange, including replacement of the I -35W bridge, and roadway reconstruction; and, WHEREAS, the parties have entered into a separate agreement for Interchange study, Preliminary Design and Project Memorandum. WHEREAS, the parties agree that it is in their best interest that the cost of said final design study be shared; and, WHEREAS, the City and County agree to share all costs for preparation of a final design report . including but not limited to engineering plan alternatives and cost estimates; 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. 1 1�� • • NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I. PURPOSE The parties have joined together for the purpose of preparing final engineering plans, specifications and cost estimate and acquire the necessary land 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 No. is S.A.P. 210 - 020 -04. Said engineering plans, when completed, will be filed in the office of the Anoka County Highway Department and are incorporated herein by reference. II. METHOD The City shall provide all engineering services for the final design of Anoka County Project S.A.P. 02- 623 -13 in conformance with State Aid and County standards. The City shall provide all professional services for the land acquisition required for Anoka County Project S.A.P. 02- 623 -13 in conformance with applicable law. The City shall acquire and convey to the County all right of way and easements along CSAH 23 (Lake Drive) for this project at no cost to the County. M. 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 Final Design and Land Acquisition. Actual costs may vary from the estimated costs and actual costs are what the parties are responsible for. B. Participation in the cost of Final Design and Land Acquisition is as follows: 1. The County agrees to contribute Fifty percent (50 %) to the cost of the Final Design. The estimated total cost of the Final Design is $575,480.00 as shown in Exhibit A. The cost to the County is $287,740.00. Acquisition. 2. The City shall pay for One hundred percent (100 %) to the cost of the Land C. The City and County each agree that the allocation of all other costs to reconstruct the Interchange including construction and construction engineering shall be determined under separate agreement. D. The County shall pay to the City the County's portion of the Final Design 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. 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. 3 • IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA By: Margaret Langfeld, Chair County Board of Commissioners CITY OF LINO LAKES By: John Bergeson Mayor Dated: Dated: A'1" 1EST By: John "Jay" McLinden County Administrator Dated: RECOMMENDED FOR APPROVAL By: Douglas Fischer, P.E. County Engineer Community Development Director By: Gordon Heitke City Administrator Dated: By Michael Grochala Dated: Dated: APPROVED AS TO FORM By: By: Dan Klint Assistant County Attorney Its: City Attorney Dated: Dated: 40 dk \contract\2005\lino lakes 02- 623 -13 jpa • AGENDA ITEMS 2A & 2B STAFF ORIGINATOR Al Rolek MEETING DATE September 26, 2005 TOPIC Consideration of Resolution 05 -150 Awarding the Sale of $5,550,000 Taxable General Obligation Improvement Bonds, Series 2005A and Resolution 05 -151 Awarding the Sale of $3,945,000 General Obligation Improvement Refunding Bonds, Series 2005B VOTE REQUIRED BACKGROUND Simple Majority At its meeting held September 13, 2005, the City Council passed 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.. The Series 2005A bond issue is necessary to finance public improvement projects in the Legacy at Woods Edge development. The Series 2005B refinances two existing issues, the G.O. Improvement Bonds Series 1998A and 1998B, resulting in savings in excess of $123,000 over the remaining term of the bonds. The City's financial advisor, Springsted, Inc., received bids for these issues earlier today. Terri Heaton, our representative from Springsted, will be in attendance to outline the outcome of the bids received and their recommendations for award of the sale. It is anticipated that there will be successful bidders for both issues. The Series 2005A issue has 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. Pending the outcome of the competitive bid process, it is staff's recommendation that the City Council adopt, in separate actions, Resolution 05 -150 awarding the sale of $5,550,000 Taxable General Obligation Improvement Bonds, Series 2005A and Resolution 05 -151 awarding the sale of $3,945,000 General Obligation Improvement Refunding Bonds, Series 2005B. OPTIONS 1. Adopt Resolutions 05 -150 and 05 -151. 2. Refer to Staff for further review. 3. Deny Resolutions 05 -150 and 05 -151. RECOMMENDATION Option 1 • • • Extract of Minutes of Meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Lino Lakes, Minnesota, was duly held in the City Hall in said City on Monday, September 26, 2005, commencing at 6:30 o'clock P.M. The following members were present: and the following were absent: * ** The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's $5,550,000 Taxable General Obligation Improvement Bonds, Series 2005A. The City Administrator presented a tabulation of the proposals that had been received in the manner specified in the Terms of Proposal for the Bonds. The proposals were as set forth in EXHIBIT A attached. After due consideration of the proposals, Member then introduced the following written resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: CAW- 268337v1 LN 140 -93 RESOLUTION NO. 05-150 A RESOLUTION AWARDING THE SALE OF $5,550,000 TAXABLE GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005A FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. Award to the Purchaser and Interest Rates. The proposal of Cronin & Company, Inc. (Purchaser) to purchase $5,550,000 Taxable General Obligation Improvement Bonds, Series 2005A (Bonds) of the City described in the Terms of Proposal thereof is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $5,532,474.25 plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year of Interest Year of Interest Maturity Rate Maturity Rate 2007 4.35% 2015 5.00% 2008 4.40 2016 5.00 2009 5.00 2017 5.00 2010 5.00 2018 5.00 2011 5.00 2012 5.00 2013 5.00 2014 5.00 Term Bonds due February 1, 2021 at 5.15 %. True interest cost: 5.0864 1.02. Credit to Debt Service Fund, Good Faith Check, and Contract with the Purchaser. The sum of $43,524.25 being the amount proposed by the Purchaser in excess of $5,488,950 will be credited to the Debt Service Fund hereinafter created. The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Administrator are directed to execute a contract with the Purchaser on behalf of the City. 1.03. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Chapter 429 (Act) in the total principal amount of CAW- 268337v1 LN 140 -93 • • • RESOLUTION NO. 05-150 A RESOLUTION AWARDING THE SALE OF $5,550,000 TAXABLE GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005A FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. Award to the Purchaser and Interest Rates. The proposal of Cronin & Company, Inc. (Purchaser) to purchase $5,550,000 Taxable General Obligation Improvement Bonds, Series 2005A (Bonds) of the City described in the Terms of Proposal thereof is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $5,532,474.25 plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year of Interest Year of Interest Maturity Rate Maturity Rate 2007 4.35% 2015 5.00% 2008 4.40 2016 5.00 2009 5.00 2017 5.00 2010 5.00 2018 5.00 2011 5.00 2012 5.00 2013 5.00 2014 5.00 Term Bonds due February 1, 2021 at 5.15 %. True interest cost: 5.0864 1.02. Credit to Debt Service Fund, Good Faith Check, and Contract with the Purchaser. The sum of $43,524.25 being the amount proposed by the Purchaser in excess of $5,488,950 will be credited to the Debt Service Fund hereinafter created. The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Administrator are directed to execute a contract with the Purchaser on behalf of the City. 1.03. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Chapter 429 (Act) in the total principal amount of CAW- 268337v1 LN 140 -93 • $5,550,000, originally dated November 1, 2005, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R -1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: • Year Amount Year Amount 2007 $195,000 2015 $380,000 2008 275,000 2016 400,000 2009 285,000 2017 425,000 2010 300,000 2018 445,000 2011 315,000 2012 330,000 2013 345,000 2014 365,000 Term Bonds due February 1, 2021 in the aggregate principal amount of $1,490,000. 1.04. 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 will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. 1.05. Mandatory Redemption. The Term Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part by lot at par plus accrued interest on the sinking fund installment dates and in the principal amounts as follows: Sinking Fund Installment Date Principal Amount February 1, 2.021 Term Bonds 2019 $470,000 2020 495,000 2021 (maturity) 525,000 The specific Term Bonds to be redeemed will be selected by lot by the Registrar. All prepayments will be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. CAW- 268337v1 LN140 -93 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on August 1 and February 1 of each year, commencing August 1, 2006, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the CAW- 268337v1 LN 140 -93 • • • 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on August 1 and February 1 of each year, commencing August 1, 2006, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the CAW- 268337v1 LN 140 -93 • Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each CAW- 268337v1 LN 140 -93 principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Administrator will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. CAW- 268337v1 LN 140 -93 • • • principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Administrator will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. CAW- 268337v1 LN140 -93 • • Section 3. Form of Bond. 3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially the following form: No. R- UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES TAXABLE GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2005A Rate Maturity February 1, 20_ Registered Owner: Cede & Co. Date of Original Issue November 1, 2005 CUSIP The City of Lino Lakes, Minnesota, a duly organized and existing municipal corporation in Anoka County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable August 1 and February 1 in each year, commencing August 1, 2006, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 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 will determine. If less than all Bonds of a maturity are called for redemption, the City will notify Depository Trust Company (DTC) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. • This Bond is one of an issue in the aggregate principal amount of $5,550,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and CAW- 268337v1 LN 140 -93 interest rate, all issued pursuant to a resolution adopted by the City Council on September 26, 2005 (the Resolution), for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and the principal hereof and interest hereon are payable primarily from special assessments against property specially benefited by local improvements, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. CAW- 268337v1 LN 140 -93 • • • interest rate, all issued pursuant to a resolution adopted by the City Council on September 26, 2005 (the Resolution), for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and the principal hereof and interest hereon are payable primarily from special assessments against property specially benefited by local improvements, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. CAW- 268337v1 LN140 -93 • • IN WITNESS WHEREOF, the City of Lino Lakes, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Administrator and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF LINO LAKES, MINNESOTA (Facsimile) (Facsimile) City Administrator Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION By Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, will be constructed as . though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants in common TEN ENT -- as tenants by entireties UNIF GIFT MIN ACT Custodian JT TEN -- as joint tenants with right of survivorship and not as tenants in common (Cust) (Minor) under Uniform Gifts or Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. CAW- 268337v1 LN 140 -93 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ( "STAMP "), the Stock Exchange Medallion Program ( "SEMP "), the New York Stock Exchange, Inc. Medallion Signatures Program ( "MSP ") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee CAW- 268337v1 LN 140 -93 • • • ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ( "STAMP "), the Stock Exchange Medallion Program ( "SEMP "), the New York Stock Exchange, Inc. Medallion Signatures Program ( "MSP ") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMI' or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee CAW- 268337v1 LN 140 -93 • o • PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration CAW- 268337v1 LN 140 -93 Signature of Registered Owner Officer of Registrar Cede & Co. Federal ID #13- 2555119 3.02. Approving Legal Opinion. The City Administrator is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. Debt Service Fund. (a) The Bonds are payable from the Taxable Improvement Bonds, Series 2005A Debt Service Fund (Debt Service Fund) hereby created, and the proceeds of special assessments (Assessments) levied or to be levied for the improvements described in the resolution authorizing the sale of the Bonds (Improvements) financed by the Bonds are hereby pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Administrator is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of Assessments when collected. There is appropriated to the Debt Service Fund (i) capitalized interest funded from Bond proceeds, if any, (ii) any amount over the minimum purchase price paid by the Purchaser, and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds, if any. (b) The proceeds of the Bonds, less the appropriations made in paragraph (a), together with any other funds appropriated for the Improvements and Assessments collected during the construction of the Improvements will be deposited in a separate construction fund (which may contain separate accounts for each Improvement) to be used solely to defray expenses of the Improvements and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Improvement. Any balance remaining in the construction fund after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted under the Act. When the Improvements are completed and the cost thereof paid, the construction account is to be closed and subsequent collections of Assessments for the Improvements are to be deposited in the Debt Service Fund. 4.02. City Covenants. It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 2006 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. CAW- 268337v1 LN 140 -93 • • • 3.02. Approving Legal Opinion. The City Administrator is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. Debt Service Fund. (a) The Bonds are payable from the Taxable Improvement Bonds, Series 2005A Debt Service Fund (Debt Service Fund) hereby created, and the proceeds of special assessments (Assessments) levied or to be levied for the improvements described in the resolution authorizing the sale of the Bonds (Improvements) financed by the Bonds are hereby pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Administrator is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of Assessments when collected. There is appropriated to the Debt Service Fund (i) capitalized interest funded from Bond proceeds, if any, (ii) any amount over the minimum purchase price paid by the Purchaser, and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds, if any. (b) The proceeds of the Bonds, less the appropriations made in paragraph (a), together with any other funds appropriated for the Improvements and Assessments collected during the construction of the Improvements will be deposited in a separate construction fund (which may contain separate accounts for each Improvement) to be used solely to defray expenses of the Improvements and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Improvement. Any balance remaining in the construction fund after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted under the Act. When the Improvements are completed and the cost thereof paid, the construction account is to be closed and subsequent collections of Assessments for the Improvements are to be deposited in the Debt Service Fund. 4.02. City Covenants. It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 2006 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. CAW- 268337v1 LNI40 -93 • • (b) In the event of any current or anticipated deficiency in Assessments the City Council will levy ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, Assessments levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.03. No Tax Levy Required. It is hereby determined that the estimated collections of Assessments and interest thereon for payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.04. County Auditor Certificate as to Registration. The City Clerk is authorized and directed to file a certified copy of this resolution with the Manager of Property Records & Taxation of Anoka County and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Official Statement. The Mayor, City Administrator and Finance Director are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. CAW- 268337v1 LN 140 -93 Section 6. Book -Entry System; Limited Obligation of City. 6.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ( "DTC "). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 6.02. Participants. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 6.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (Representation Letter) which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. CAW- 268337v1 LN 140 -93 • • • Section 6. Book -Entry System; Limited Obligation of City. 6.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ( "DTC "). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 6.02. Participants. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 6.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (Representation Letter) which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. CAW- 268337v1 LN 140 -93 • • 6.04. Transfers Outside Book -Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 6.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 7. Continuing Disclosure. 7.01. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 7.02. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. Section 8. Defeasance. 8.01. Pledges, Covenants, and Other Rights to Cease. When all Bonds and all interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. • (The remainder of this page is intentionally left blank.) CAW- 268337v1 LN 140 -93 The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CAW- 268337v1 LNI40 -93 • • • The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CAW- 268337v1 LN 140 -93 • STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) SS. ) ) CITY OF LINO LAKES I, the undersigned, being the duly qualified and acting City Clerk of the City of Lino Lakes, Anoka County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on September 26, 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 $5,550,000 Taxable General Obligation Improvement Bonds, Series 2005A of the City. WITNESS My hand officially as such City Clerk and the corporate seal of the City this 26th day of September, 2005. • (SEAL) • City Clerk Lino Lakes, Minnesota EXHIBIT A PROPOSALS B -1 • • • EXHIBIT A PROPOSALS Vu. LV/ LVVU V0.0.2 VAA U1L 001 0010 • • • PROPOSAL vaur uv '..umrftr x gjUUZ ba.c. SALE DATE: September 26, 2005 TO: Mr. Gordon Heitke, City Administrator City of Lino Lakes, Minnesota c/o Springsted Incorporated 380 Jackson Street, Suite 300 St. Paul, MN 55101 -2887 Phone: (651) 223 -3000 Fax: (651) 223 -3046 RE: $5,550,000 Taxable General Obligation Improvement Bonds, Series 2005A For the Bonds of this Issue whIc_h shall mature and bear interest at the respective annual rates, as follow, we offer a price of $ 5,53 a»T% i .2 5 (Note: This amount. may not be Tess than $5,488,950 and accrued interest to the date of delivery. 4,35 % 2007 5.00 % 2011 5`O0 % 2015 5115 % 2019 IA .4 O % 2008 55, 0CD % 2012 5•00 % 2016 5, IS S ,O C) % 2009 % 2013 S, IS 2020 s % 2021 5.00 % 2010 5,'00 % 2014 5,00 % 2018 Designation of Tenn Maturities Years of Term Maturities 2_0 �Q -102 In making this offer we accept all of the terms and conditions of the Terms of Proposal published in the Official Statement dated September 14, 2005. In the event of failure to deliver these Bonds in accordance with the Terms of Proposal as printed In the Official Statement and made a part hereof, we reserve the right to withdraw our offer, whereupon the deposit accompanying it will be immediately returned. All blank spaces of this offer are intentional and are not to be construed as an omission. Subject to any applicable exemption in the Rule, this offer to purchase /bid is subject to the City's covenant and agreement to take all steps necessary to assist us in complying with SEC Rule 15c2 -12, as amended. Not as a part of our offer, the above quoted prices being controlling, but only as an aid for the verification of the offer, we have made the following computations: NET INTEREST COST: $ 2 ,(, \ 5, 5 35. 13 TRUE INTEREST RATE:508 14 Account Members VA (65 ek- - t? c_ c_ t00 SUITE INC. MINNEAPOLIS, MN 55402 Account Manager By: Phone: (01a— The foregoing offer is hereby accepted by the City on the date of the offer by its following officers duly authorized and empowered to make such acceptance. Mayor SURE -BID Administrator Good Faith Check Submitted AWARD: SALE: Springsted Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101 -2887 Tel: 651 - 223 -3000 Fax: 651-223-3002 Email: advisors @springsted.com www.springsted.com $5,550,000 CITY OF LINO LAKES, MINNESOTA TAXABLE GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005A (BOOK ENTRY ONLY) CRONIN & COMPANY, INCORPORATED UBS FINANCIAL SERVICES INC. CITIGROUP GLOBAL MARKETS, INC. CITIZENS BANK CIBC WORLD MARKETS September 26, 2005 Moody's Rating: Aaa Ambac Insured Bidder Interest Rates Price Net Interest True Interest Cost Rate CRONIN & COMPANY, INCORPORATED UBS FINANCIAL SERVICES INC. CITIGROUP GLOBAL MARKETS, INC. CITIZENS BANK CIBC WORLD MARKETS MORGAN KEEGAN & CO., INC. GRIFFIN, KUBIK, STEPHENS & THOMPSON, INC. ROBERT W. BAIRD & COMPANY, INCORPORATED 4.35% 2007 4.40% 2008 5.00% 2009 -2018 5.15% 2019 -2021 4.45% 2007 4.50% 2008 4.55% 2009 4.60% 2010 4.65% 2011 4.75% 2012 4.80% 2013 4.85% 2014 4.90% 2015 4.95% 2016 5.10% 2017 -2021 5.00% 2007 -2018 5.125% 2019 -2021 4.75% 2007 -2012 4.80% 2013 4.90% 2014 4.95% 2015 5.00% 2016 5.10% 2017 5.15% 2018 5.20% 2019 -2021 $5,532,474.25 $2,615,535.13 $5,494,181.60 $2,618,982.15 5.0864 5A 106% $5,496,732.30 $2,651,252.08 5.1817% $5,488,952.65 $2,661,234.23 5.1965% • (Continued) AWARD: SALE: Springsted Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101-2887 Tel: 651- 223 -3000 Fax: 651- 223 -3002 Email: advisors @springsted.com www.springsted.com $5,550,000 CITY OF LINO LAKES, MINNESOTA TAXABLE GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005A (BOOK ENTRY ONLY) CRONIN & COMPANY, INCORPORATED UBS FINANCIAL SERVICES INC. CITIGROUP GLOBAL MARKETS, INC. CITIZENS BANK CIBC WORLD MARKETS September 26, 2005 Moody's Rating: Aaa Ambac Insured Bidder Interest Rates Price Net Interest Cost True Interest Rate CRONIN & COMPANY, INCORPORATED UBS FINANCIAL SERVICES INC. CITIGROUP GLOBAL MARKETS, INC. CITIZENS BANK CIBC WORLD MARKETS MORGAN KEEGAN & CO., INC. GRIFFIN, KUBIK, STEPHENS & THOMPSON, INC. ROBERT W. BAIRD & COMPANY, INCORPORATED 4.35% 2007 4.40% 2008 5.00% 2009 -2018 5.15% 2019 -2021 4.45% 2007 4.50% 2008 4.55% 2009 4.60% 2010 4.65% 2011 4.75% 2012 4.80% 2013 4.85% 2014 4.90% 2015 4.95% 2016 5.10% 2017 -2021 5.00% 2007 -2018 5.125% 2019 -2021 4.75% 2007 -2012 4.80% 2013 4.90% 2014 4.95% 2015 5.00% 2016 5.10% 2017 5.15% 2018 5.20% 2019 -2021 $5,532,474.25 $2,615,535.13 $5,494,181.60 $2,618,982.15 $5,496,732.30 $2,651,252.08 $5,488,952.65 $2,661,234.23 5.0864% 5.1106% 5.1817% 5.1965% (Continued) REOFFERING SCHEDULE OF THE PURCHASER Rate Year Yield 4.35% 2007 NRO 4.40% 2008 NRO 5.00% 2009 4.47% 5.00% 2010 4.54% 5.00% 2011 4.61% 5.00% 2012 4.67% 5.00% 2013 4.74% 5.00% 2014 NRO 5.00% 2015 NRO 5.00% 2016 NRO 5.00% 2017 Par 5.00% 2018 5.05% 5.15% 2019 NRO 5.15% 2020 NRO 5.15% 2021 NRO BBI: 4.30% Average Maturity: 9.266 Years • • • Extract of Minutes of Meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Lino Lakes, Anoka, was duly held in the City Hall in said City on Monday, September 26, 2005, commencing at 6:30 o'clock P.M. The following members were present: and the following were absent: * ** The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's approximately $3,755,000 General Obligation Improvement Refunding Bonds, Series 2005B. The City Administrator presented a tabulation of the proposals which had been received in the manner specified in the Terms of Proposal of the Bonds. The proposals were as follows: CAW- 268363v1 LNI40 -93 After due consideration of the proposals, Member then introduced the following written resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: In accordance with the official Terms of Proposal the following adjustments were made: Principal Amount: $3,755,000 Maturities: 2/1/2007 through 2/1/2015 Minimum Purchase Price: $3,726,838.00 RESOLUTION NO. 05 -151 A RESOLUTION AWARDING THE SALE OF $3,755,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2005B; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (the "City ") as follows: Section 1. Sale of Bonds. 1.01. The proposal of Legg Mason Wood Walker, Inc. (the "Purchaser ") to purchase $3,755,000 General Obligation Improvement Refunding Bond, Series 2005B (the "Bonds ") of the City described in the Terms of Proposal thereof is determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $3,914,356.64 plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year Interest Rate Year Interest Rate 2007 3.75% 2012 3.75% 2008 3.75 2013 5.00 2009 3.75 2014 5.00 2010 3.75 2015 5.00 2011 3.75 CAW- 268363v1 LN 140 -93 • • • • After due consideration of the proposals, Member then introduced the following written resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: In accordance with the official Terms of Proposal the following adjustments were made: Principal Amount: $3,755,000 Maturities: 2/1/2007 through 2/1/2015 Minimum Purchase Price: $3,726,838.00 RESOLUTION NO. 05 -151 A RESOLUTION AWARDING THE SALE OF $3,755,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2005B; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (the "City") as follows: Section 1. Sale of Bonds. 1.01. The proposal of Legg Mason Wood Walker, Inc. (the "Purchaser ") to purchase $3,755,000 General Obligation Improvement Refunding Bond, Series 2005B (the "Bonds ") of the City described in the Terms of Proposal thereof is determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $3,914,356.64 plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year Interest Rate Year Interest Rate 2007 3.75% 2012 3.75% 2008 3.75 2013 5.00 2009 3.75 2014 5.00 2010 3.75 2015 5.00 2011 3.75 CAW- 268363v1 LN 140 -93 • • • True interest cost: 3.4837% 1.02. The sum of $187,519.64 being the amount proposed by the Purchaser in excess of $3,726,837 is credited to the Debt Service Fund hereinafter created. The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Administrator are directed to execute a contract with the Purchaser on behalf of the City. 1.03. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Chapter 475 (the "Act ") in the total principal amount of $3,755.000, originally dated November 1, 2005, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R -1, upward, bearing interest as above set forth, and which mature serially on February 1 without option of prior payment in the years and amounts as follows: Year Amount Year Amount 2007 $385,000 2012 $420,000 2008 415,000 2013 425,000 2009 420,000 2014 425,000 2010 420,000 2015 420,000 2011 425,000 Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on August 1 and February 1 of each year, commencing August 1, 2006, to the registered owners of record as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint, and will maintain, a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar "). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: CAW- 268363v1 LN140 -93 (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a . Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. CAW- 268363v1 LN 140 -93 • • • (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a . Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. CAW- 268363v1 LN140 -93 • • (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. 2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Administrator will deliver the same to the Purchaser upon payment of the purchase price in CAW- 268363v1 LN 140 -93 accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. CAW- 268363v1 LN140 -93 • • • accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. CAW- 268363v1 LN140 -93 • No. R- Section 3. Form of Bond. 3.01. The Bonds will be printed or typewritten in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES GENERAL OBLIGATION IMPROVEMENT REFUNDING BOND, SERIES 2005B Date of Rate Maturity Original Issue February 1, 20_ November 1, 2005 • Registered Owner: Cede & Co. • CUSIP The City of Lino Lakes, Minnesota, a duly organized and existing municipal corporation in Anoka County, Minnesota (the "City "), acknowledges itself to be indebted and for value received promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above without option of prior payment, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing August 1, 2006, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code ") relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. CAW- 268363v1 LN 140 -93 This Bond is one of an issue in the aggregate principal amount of $ all of like original issue date and tenor, except as to number, maturity date, and interest rate, all issued pursuant to a resolution adopted by the City Council on September 26, 2005 (the "Resolution "), for the purpose of providing money to refund the outstanding principal amount of certain general obligation bonds of the City, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 475.67, and the principal hereof and interest hereon are payable from special assessments against property specially benefited by local improvements and from ad valorem taxes, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments and taxes pledged, which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. CAW- 268363v1 LN140 -93 • • • This Bond is one of an issue in the aggregate principal amount of $ all of like original issue date and tenor, except as to number, maturity date, and interest rate, all issued pursuant to a resolution adopted by the City Council on September 26, 2005 (the "Resolution "), for the purpose of providing money to refund the outstanding principal amount of certain general obligation bonds of the City, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 475.67, and the principal hereof and interest hereon are payable from special assessments against property specially benefited by local improvements and from ad valorem taxes, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments and taxes pledged, which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. CAW- 268363v1 LN140 -93 • • • This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Lino Lakes, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Administrator and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF LINO LAKES, MINNESOTA (Facsimile) (Facsimile) City Administrator Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION By Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: CAW- 268363v1 LN 140 -93 TEN COM - TEN ENT -- JT TEN -- - as tenants UNIF GIFT MIN ACT Custodian in common (Cust) (Minor) as tenants under Uniform Gifts or by entireties Transfers to Minors Act as joint tenants with right of survivorship and not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ( "STAMP "), the Stock Exchange Medallion Program ( "SEMP "), the New York Stock Exchange, Inc. Medallion Signatures Program ( "MSP ") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. CAW- 268363v1 LN 140 -93 • • • TEN COM -- as tenants in common TEN ENT - JT TEN -- - as tenants by entireties UNIT' GIFT MIN ACT Custodian (Cust) (Minor) as joint tenants with right of survivorship and not as tenants in common under Uniform Gifts or Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ( "STAMP "), the Stock Exchange Medallion Program ( "SEMP "), the New York Stock Exchange, Inc. Medallion Signatures Program ( "MSP ") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. CAW- 268363v1 LN140 -93 • Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. • Signature of Date of Registration Registered Owner Officer of Registrar • CAW- 268363v1 LN 140 -93 Cede & Co. Federal ID #13- 2555119 3.02. The City Administrator is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. (a) The Bonds are payable from the General Obligation Improvement Refunding Bonds, Series 2005B Debt Service Fund (the "Debt Service Fund ") hereby created, and the proceeds of ad valorem taxes hereinafter levied (the "Taxes ") and special assessments (the "Assessments ") levied for improvements (the "Improvements ") financed by the Refunded Bonds (as hereinafter defined) are hereby pledged to the Debt Service Fund. (b) The debt service fund, if any, heretofore established for the Refunded Bonds is terminated, and all monies therein are hereby transferred to the Debt Service Fund herein created. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Finance Director will pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of the Taxes levied by this resolution, and Assessments when collected. (c) There is hereby appropriated to the Debt Service Fund (i) any amount over the minimum purchase price of the Bonds paid by the Purchaser and (ii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds. 4.02. It is determined that at least 20% of the cost of the Improvements has been specially assessed against benefited property. For the purpose of paying the principal of and interest on the Bonds, there is hereby levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. Such tax will be credited to the Debt Service Fund above provided and will be in the years and amounts as follows (year stated being year of levy for collection the following year): Year Levy (See Attachment A) 4.03. The City Clerk is directed to file a certified copy of this resolution with the Manager of Property Records & Taxation of Anoka and to obtain the certificate required by Section 475.63 of the Act. 4.04. It is hereby determined that upon the receipt of proceeds of the Bonds (the "Proceeds ") for payment of the Refunded Bonds that an irrevocable appropriation to the CAW- 268363v1 LN 140 -93 • • • 3.02. The City Administrator is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. (a) The Bonds are payable from the General Obligation Improvement Refunding Bonds, Series 2005B Debt Service Fund (the "Debt Service Fund ") hereby created, and the proceeds of ad valorem taxes hereinafter levied (the "Taxes ") and special assessments (the "Assessments ") levied for improvements (the "Improvements ") financed by the Refunded Bonds (as hereinafter defined) are hereby pledged to the Debt Service Fund. (b) The debt service fund, if any, heretofore established for the Refunded Bonds is terminated, and all monies therein are hereby transferred to the Debt Service Fund herein created. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Finance Director will pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of the Taxes levied by this resolution, and Assessments when collected. (c) There is hereby appropriated to the Debt Service Fund (i) any amount over the minimum purchase price of the Bonds paid by the Purchaser and (ii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds. 4.02. It is determined that at least 20% of the cost of the Improvements has been specially assessed against benefited property. For the purpose of paying the principal of and interest on the Bonds, there is hereby levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, which will be spread upon the tax rolls and collected with and as part of other general taxes of the City. Such tax will be credited to the Debt Service Fund above provided and will be in the years and amounts as follows (year stated being year of levy for collection the following year): Year Levy (See Attachment A) 4.03. The City Clerk is directed to file a certified copy of this resolution with the Manager of Property Records & Taxation of Anoka and to obtain the certificate required by Section 475.63 of the Act. 4.04. It is hereby determined that upon the receipt of proceeds of the Bonds (the "Proceeds ") for payment of the Refunded Bonds that an irrevocable appropriation to the CAW- 268363v1 LN 140 -93 • • • debt service fund for the Refunded Bonds will have been made within the meaning of Section 475.61, subdivision 3 of the Act and the City Administrator is hereby authorized and directed to certify such fact to and request the Manager of Property Records & Taxation to cancel any and all tax levies made by the resolution authorizing and approving the Refunded Bonds. 4.05. It is hereby determined that the estimated collection of the foregoing Taxes and Assessments will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds. The tax levy herein provided will be irrepealable until all of the Bonds are paid, provided that the City Administrator may annually, at the time the City makes its tax levies, certify to the Manager of Property Records & Taxation the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the Manager of Property Records & Taxation will thereupon reduce the levy collectible during such year by the amount so certified. 4.06. It is hereby determined that the Improvements financed by the Bonds will directly and indirectly benefit the abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has levied Assessments for the Improvements and has taken all steps necessary to assure prompt collection thereof. The City Council has caused all actions and proceedings relative to the making and financing of the Improvements financed by the Refunded Bonds to have been taken with due diligence that were required for the construction of each Improvement financed wholly or partly from the proceeds of the Refunded Bonds, and for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in the Assessments, the City Council will levy ad valorem taxes in the amount of said current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing all receipts and disbursements in connection with the Improvements; Assessments levied therefor and other funds appropriated for their payment; all collections thereof and disbursements therefrom; monies on hand; and the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. CAW- 268363v1 LN 140 -93 Section 5. Refunding; Findings; Redemption of Refunded Bonds. 5.01. The Refunded Bonds are the $4,310,000 General Obligation Improvement Bonds, Series 1998A, of the City, dated August 1, 1998, of which $2,570,000 in principal amount is callable on February 1, 2006 and $2,000,000 General Obligation Improvement Bonds, Series 1998B, dated August 1, 1998, of which $1,310,000 in principal amount is currently outstanding and is callable on February 1, 2006. It is hereby found and determined that based upon information presently available from the City's financial advisers, the issuance of the Bonds is consistent with covenants made with the holders thereof and is necessary and desirable for the reduction of debt service cost to the municipality. 5.02. It is hereby found and determined that the Proceeds will be sufficient to prepay all of the principal of, interest on and redemption premium (if any) on the Refunded Bonds. 5.03. The Refunded Bonds maturing on February 1, 2007 and thereafter will be redeemed and prepaid on February 1, 2006. The Refunded Bonds will be redeemed and prepaid in accordance with their terms and in accordance with the terms and conditions set forth in the forms of Notice of Call for Redemption attached hereto as Attachment B which terms and conditions are hereby approved and incorporated herein by reference. The Registrar for the Refunded Bonds is authorized and directed to send a copy of the Notice of Redemption to each registered holder of the Refunded Bonds. Section 6. Authentication of Transcript. 6.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 6.02. The Mayor, Administrator and City Finance Director are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 7. Tax Covenant. 7.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action CAW- 268363v1 LN 140 -93 • • • Section 5. Refunding; Findings; Redemption of Refunded Bonds. 5.01. The Refunded Bonds are the $4,310,000 General Obligation Improvement Bonds, Series 1998A, of the City, dated August 1, 1998, of which $2,570,000 in principal amount is callable on February 1, 2006 and $2,000,000 General Obligation Improvement Bonds, Series 1998B, dated August 1, 1998, of which $1,310,000 in principal amount is currently outstanding and is callable on February 1, 2006. It is hereby found and determined that based upon information presently available from the City's financial advisers, the issuance of the Bonds is consistent with covenants made with the holders thereof and is necessary and desirable for the reduction of debt service cost to the municipality. 5.02. It is hereby found and determined that the Proceeds will be sufficient to prepay all of the principal of, interest on and redemption premium (if any) on the Refunded Bonds. 5.03. The Refunded Bonds maturing on February 1, 2007 and thereafter will be redeemed and prepaid on February 1, 2006. The Refunded Bonds will be redeemed and prepaid in accordance with their terms and in accordance with the terms and conditions set forth in the forms of Notice of Call for Redemption attached hereto as Attachment B which terms and conditions are hereby approved and incorporated herein by reference. The Registrar for the Refunded Bonds is authorized and directed to send a copy of the Notice of Redemption to each registered holder of the Refunded Bonds. Section 6. Authentication of Transcript. 6.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 6.02. The Mayor, Administrator and City Finance Director are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 7. Tax Covenant. 7.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action CAW- 268363v1 LN 140 -93 • • • which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code "), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 7.02. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States. 7.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 7.04. In order to qualify the Bonds as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as "qualified tax- exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2005 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2005 have been designated for purposes of Section 265(b)(3) of the Code. 7.05. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. CAW- 268363v1 LN 140 -93 Section 8. Book -Entry System; Limited Obligation of City. 8.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ( "DTC "). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 8.02. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants ") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Registrar and Paying Agent. 8.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter ") which will govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the CAW- 268363v1 LN 140 -93 • • • Section 8. Book -Entry System; Limited Obligation of City. 8.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ( "DTC "). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 8.02. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants ") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Registrar and Paying Agent. 8.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter ") which will govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the CAW- 268363v1 LN140 -93 Representation letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 8.04. Transfers Outside Book -Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 8.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements as set forth in the Representation Letter. Section 9. Continuing Disclosure. 9.01. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate will not be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 9.02. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. Section 10. Defeasance. 10.01. When all Bonds and all interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, CAW- 268363v1 LN 140 -93 it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) CAW- 268363v1 LN140 -93 • • it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) CAW- 268363v1 LN140 -93 • • • The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CAW- 268363v1 LN 140 -93 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES ) SS. I, the undersigned, being the duly qualified and acting City Clerk of the City of Lino Lakes, Anoka County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on September 26, 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 $3,755,000 General Obligation Improvement Refunding Bonds, Series 2005B of the City. WITNESS My hand officially as such City Clerk and the corporate seal of the City this 26th day of September, 2005. City Clerk Lino Lakes, Minnesota (SEAL) • • STATE OF MINNESOTA ) COUNTY OF ANOKA ) SS. CITY OF LINO LAKES ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Lino Lakes, Anoka County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on September 26, 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 $3,755,000 General Obligation Improvement Refunding Bonds, Series 2005B of the City. WITNESS My hand officially as such City Clerk and the corporate seal of the City this 26th day of September, 2005. City Clerk Lino Lakes, Minnesota (SEAL) • ATTACHEMENT A TAX LEVY SCHEDULE YEAR * TAX LEVY 02/01/2006 $ 99,960.35 02/01/2007 97,151.50 02/01/2008 108,040.88 02/01/2009 113,482.38 02/01/2010 124,175.88 02/01/2011 124,171.50 02/01/2012 134,863.00 02/01/2013 134,527.50 02/01/2014 155,782.00 * Year tax levy collected. • A -1 ATTACHMENT B NOTICE OF CALL FOR REDEMPTION $4,310,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998A CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Lino Lakes, Anoka County, Minnesota, there have been called for redemption and prepayment on FEBRUARY 1, 2006 all outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 1998A, dated August 1, 1998, having stated maturity dates of February 1 in the years 2007 through 2015, both inclusive, totaling $2,570,000 in principal amount, and with the following CUSIP numbers: Year of Maturity Amount CUSIP Number 2007 $290,000 536060 EG7 2008 285,000 536060 EH5 2009 285,000 536060 EJ1 2010 285,000 536060 EK8 2011 285,000 536060 EL6 2012 285,000 536060 EM4 2013 285,000 536060 EN2 2014 285,000 536060 EP7 2015 285,000 536060 EQ5 The bonds are being called at a price of par plus accrued interest to February 1, 2006, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association, in the City of St. Paul, Minnesota, formerly known as U.S. Bank Trust National Association) on or before February 1, 2006. B -1 • • • ATTACHMENT B NOTICE OF CALL FOR REDEMPTION $4,310,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998A CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Lino Lakes, Anoka County, Minnesota, there have been called for redemption and prepayment on FEBRUARY 1, 2006 all outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 1998A, dated August 1, 1998, having stated maturity dates of February 1 in the years 2007 through 2015, both inclusive, totaling $2,570,000 in principal amount, and with the following CUSIP numbers: Year of Maturity Amount CUSIP Number 2007 $290,000 536060 EG7 2008 285,000 • 536060 EH5 2009 285,000 536060 EJ1 2010 285,000 536060 EK8 2011 285,000 536060 EL6 2012 285,000 536060 EM4 2013 285,000 536060 EN2 2014 285,000 536060 EP7 2015 285,000 536060 EQ5 The bonds are being called at a price of par plus accrued interest to February 1, 2006, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association, in the City of St. Paul, Minnesota, formerly known as U.S. Bank Trust National Association) on or before February 1, 2006. • • • If by mail: U.S. Bank National Association Corporate Trust Operations 60 Livingston Avenue EP- MN -WS3C St. Paul, MN 55107 If by hand: U.S. Bank National Association 60 Livingston Avenue 3rd Floor — Bond Drop Window St. Paul, MN 55107 Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2001, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W -9 Form, which may be obtained at a bank or other financial institution. The Registrar will not be responsible for the selection or use of the CUSIP number, nor is any representation made as to the correctness indicated in the Redemption Notice or on any Bond. It is included solely for convenience of the Holders. Additional information may be obtained from: Dated: September 26, 2005. U.S. Bank National Association Corporate Trust Division Bondholder Relations (800) 934 -6802 BY ORDER OF THE CITY COUNCIL By /s/ Gordon Heitke City Administrator City of Lino Lakes, Minnesota B -2 ATTACHMENT B NOTICE OF CALL FOR REDEMPTION $2,000,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998B CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Lino Lakes, Anoka County, Minnesota, there have been called for redemption and prepayment on FEBRUARY 1, 2006 all outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 2005B, dated August 1, 1998, having stated maturity dates of February 1 in the years 2007 through 2015, both inclusive, totaling $1,310,000 in principal amount, and with the following CUSIP numbers: Year of Maturity Amount CUSIP Number 2007 $125,000 536060 EX0 2008 130,000 536060 EY8 2009 135,000 536060 EZ5 2010 140,000 536060 FA9 2011 145,000 536060 FB7 2012 150,000 536060 FC5 2013 155,000 536060 FD3 2014 160,000 536060 FE1 2015 170,000 536060 FF8 The bonds are being called at a price of par plus accrued interest to February 1, 2006, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association, in the City of St. Paul, Minnesota (formerly known as First Bank Trust National Association) on or before February 1, 2006. B -3 • • • ATTACHMENT B NOTICE OF CALL FOR REDEMPTION $2,000,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998B CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Lino Lakes, Anoka County, Minnesota, there have been called for redemption and prepayment on FEBRUARY 1, 2006 all outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 2005B, dated August 1, 1998, having stated maturity dates of February 1 in the years 2007 through 2015, both inclusive, totaling $1,310,000 in principal amount, and with the following CUSIP numbers: Year of Maturity Amount CUSIP Number 2007 $125,000 536060 EX0 2008 130,000 536060 EY8 2009 135,000 536060 EZ5 2010 140,000 536060 FA9 2011 145,000 536060 FB7 2012 150,000 536060 FC5 2013 155,000 536060 FD3 2014 160,000 536060 FE1 2015 170,000 536060 FF8 The bonds are being called at a price of par plus accrued interest to February 1, 2006, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at the main office of U.S. Bank National Association, in the City of St. Paul, Minnesota (formerly known as First Bank Trust National Association) on or before February 1, 2006. B -3 • If by mail: U.S. Bank National Association Corporate Trust Operations 60 Livingston Avenue EP- MN -WS3C St. Paul, MN 55107 If by hand: U.S. Bank National Association 60 Livingston Avenue 3rd Floor — Bond Drop Window St. Paul, MN 55107 Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2001, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W -9 Form, which may be obtained at a bank or other financial institution. The Registrar will not be responsible for the selection or use of the CUSIP number, nor is any representation made as to the correctness indicated in the Redemption Notice or on any Bond. It is included solely for convenience of the Holders. Additional information may be obtained from: s Dated: September 26, 2005. • U.S. Bank National Association Corporate Trust Division Bondholder Relations (800) 934 -6802 BY ORDER OF THE CITY COUNCIL By /s/ Gordon Heitke City Administrator City of Lino Lakes, Minnesota B -4 Legg Mason Wood Walker, Inc - Minneapolis, MN's Bid Lino Lakes $3,945,000* General Obligation Improvement Refunding Bonds, Series 2005B For the aggregate principal amount of $3,945,000.00*, we will pay you $4,112,600.21* plus accrued interest from the date of issue to the date of delivery. The Bonds are to bear interest at the following rate(s): Date Amount $ Coupon % _Maturity 02/01 /2007 415M* 3.7500 02/01/2008 z 440M* 3.7500 02/01/2009 440M* 3.7500 02/01/2010 440M* 3.7500 `02/01/2011 440M* 3.7500 02/01/2012 440M* 4 3.7500 02/01/2013 440M* 5.0000 02/01/2014 445M* 1 5.0000 02/01/2015 445M* 1 5.0000 Total Interest Cost: Premium: Net Interest Cost: TIC: $918,953.13* $167,600.21* $751,352.92* 3.480642* Time Last Bid Received On:09/26/2005 11:58:01 CDST This proposal is made subject to all of the terms and conditions of the Official Bid Form, the Official Notice of Sale, and the Preliminary Official Statement, all of which are made a part hereof. Bidder: Legg Mason Wood Walker, Inc, Minneapolis, MN Contact: Mike McMahon Title: Telephone:612- 332 -5415 Fax: Issuer Name: City of Lino Lakes Company Name: Accepted By: Accepted By: Date: Date: CO 1981 -2002 i -Deal LLC, All rights reserved, Trademarks *Revised as shown in Exhibit A. • Legg Mason Wood Walker, Inc - Minneapolis, MN's Bid Lino Lakes $3,945,000* General Obligation Improvement Refunding Bonds, Series 2005B For the aggregate principal amount of $3,945,000.00*, we will pay you $4,112,600.21 *, plus accrued interest from the date of issue to the date of delivery. The Bonds are to bear interest at the following rate(s): Maturit 02/01/2007 415M* 1 3.7500 02/01/2008 02/01/2009 02/01/2010 02/01/2011 x3 02/01/2012 02/01/2013 440M* j 3.7500 440M* 3.7500 440M* 3.7500 7500 440M* 3.7500 440M* 1 5.0000 02/01/2014 02/01/2015 445M* 1 5.0000 445M* 1 5.0000 Total Interest Cost: $918,953.13* Premium: $167,600.21* Net Interest Cost: $751,352.92* TIC: 3.480642* Time Last Bid Received On:09/26/2005 11:58:01 CDST This proposal is made subject to all of the terms and conditions of the Official Bid Form, the Official Notice of Sale, and the Preliminary Official Statement, all of which are made a part hereof. Bidder: Legg Mason Wood Walker, Inc, Minneapolis, MN Contact: Mike McMahon Title: Telephone:612- 332 -5415 Fax: Issuer Name: City of Lino Lakes Company Name: Accepted By: Accepted By: Date: Date: © 1981 -2002 i -Deal LLC, All rights reserved, Trademarks *Revised as shown in Exhibit A. • Revised Maturity Schedule and Sale Terms • • Maturity Amount 02/01/2007 $385,000.00 02/01/2008 415,000.00 02/01/2009 420,000.00 02/01/2010 420,000.00 02/01/2011 425,000.00 02/01/2012 420,000.00 02/01/2013 425,000.00 02/01/2014 425,000.00 02/01/2015 420,000.00 TOTAL PRINCIPAL AMOUNT: $3,755,000 Bid: $3,914,356.64 Total Interest Cost: $876,921.88 Net Premium: $175,363.15 Net Interest Cost: $717,565.24 TIC: 3.4837218% AWARD: SALE: Springsted Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101 -2887 Tel: 651- 223 -3000 Fax: 651 - 223 -3002 Email: advisors @springsted.com www.springsted.com $3,945,000* CITY OF LINO LAKES, MINNESOTA GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2005B (BOOK ENTRY ONLY) LEGG MASON WOOD WALKER, INC. September 26, 2005 Moody's Rating: Aaa MBIA Insured • Bidder Interest Rates Price Net Interest True Interest Cost Rate LEGG MASON WOOD WALKER, INC. J.P. MORGAN SECURITIES, INC. STERNE, AGEE & LEACH, INC. PIPER JAFFRAY & CO. CRONIN & COMPANY, INCORPORATED UBS FINANCIAL SERVICES INC. CITIGROUP GLOBAL MARKETS, INC. CITIZENS BANK CIBC WORLD MARKETS WELLS FARGO BROKERAGE SERVICES, LLC HARRIS TRUST & SAVINGS BANK FTN Financial Capital Markets Isaak Bond Investments, Inc. The Bankers Bank Axelrod Associates, Inc. CREWS & ASSOCIATES, INC. RBC DAIN RAUSCHER INC. FIRST TRUST PORTFOLIOS, L.P. SUNTRUST CAPITAL MARKETS, INC. STEPHENS, INC. 3.75% 2007 -2012 5.00% 2013 -2015 3.75% 2007 -2015 4.00% 2007 -2015 3.25% 2007 -2010 3.50% 2011 -2015 3.50% 2007 -2013 3.75% 2014 -2015 3.50% 2007 -2015 3.50% 2007 -2015 $4,112,600.21 $751,352.92 3.4806%Ank $3,992,914.68 $733,819.70 3.4886% $4,038,792.00 $3,934,676.20 $740,058.00 3.4906% $727,920.68 3.4925% $3,961,963.50 $732,124.00 3.4958% $3,943,649.80 $730,968.95 3.5049% $3,942,858.40 $731,760.35 3.5091% (Continued) AWARD: SALE: Springsted Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101 -2887 Tel: 651 - 223 -3000 Fax: 651-223-3002 Email: advisors @springsted.com www.springsted.com $3,945,000* CITY OF LINO LAKES, MINNESOTA GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2005B (BOOK ENTRY ONLY) LEGG MASON WOOD WALKER, INC. September 26, 2005 Moody's Rating: Aaa MBIA Insured Bidder Interest Rates Price Net Interest True Interest Cost Rate LEGG MASON WOOD WALKER, INC. J.P. MORGAN SECURITIES, INC. STERNE, AGEE & LEACH, INC. PIPER JAFFRAY & CO. CRONIN & COMPANY, INCORPORATED UBS FINANCIAL SERVICES INC. CITIGROUP GLOBAL MARKETS, INC. CITIZENS BANK CIBC WORLD MARKETS WELLS FARGO BROKERAGE SERVICES, LLC HARRIS TRUST & SAVINGS BANK FTN Financial Capital Markets Isaak Bond Investments, Inc. The Bankers Bank Axelrod Associates, Inc. CREWS & ASSOCIATES, INC. RBC DAIN RAUSCHER INC. FIRST TRUST PORTFOLIOS, L.P. SUNTRUST CAPITAL MARKETS, INC. STEPHENS, INC. 3.75% 2007 -2012 5.00% 2013 -2015 3.75% 2007 -2015 4.00% 2007 -2015 3.25% 2007 -2010 3.50% 2011 -2015 3.50% 2007 -2013 3.75% 2014 -2015 3.50% 2007 -2015 3.50% 2007 -2015 $4,112,600.21 $751,352.92 3.4806% $3,992,914.68 $733,819.70 3.4886% $4,038,792.00 $740,058.00 3.4906% $3,934,676.20 $727,920.68 3.4925% $3,961,963.50 $732,124.00 3.4958% $3,943,649.80 $730,968.95 3.5049% $3,942,858.40 $731,760.35 3.5091% (Continued) Bidder Interest Rates Price Net Interest Cost True Interest Rate ROBERT W. BAIRD & COMPANY, INCORPORATED UMB BANK, N.A. 3.50% 2007 -2010 3.75% 2011 -2012 4.00% 2013 -2015 3.10% 2007 3.15% 2008 3.20% 2009 3.30% 2010 3.35% 2011 3.40% 2012 3.50% 2013 3.55% 2014 3.65% 2015 $4,000,316.15 $741,840.10 $3,925,708.95 $737,134.80 3.5151% 3.5395% REOFFERING SCHEDULE OF THE PURCHASER Rate 3.75% 3.75% 3.75% 3.75% 3.75% 3.75% 5.00% 5.00% 5.00% Year 2007 2008 2009 2010 2011 2012 2013 2014 2015 Yield 2.95% 3.00% 3.12% 3.20% 3.32% 3.43% 3.45% 3.55% 3.60% BBI: 4.30% Average Maturity: 5.284 Years Subsequent to bid opening, the issue size decreased from $3,945,000 to $3,755,000. • • AGENDA ITEM 3E STAFF ORIGINATOR: Jean Viger, Deputy Clerk MEETING DATE: September 26, 2005 TOPIC: Consider Resolution 05 -148, Authorizing Staff to Issue a Special Event Permit to Miller's On Main for Benefit VOTE REQUIRED: 3/5 BACKGROUND: On Tuesday, September 6, 2005, Officer Shawn Silvera was killed in the line of duty. Officer Silvera was assisting other officers in pursuit of a suspect fleeing in a stolen car. Shawn left behind a wife, Jennifer, and two small children. With the combined efforts of friends, family, co- workers and local businesses a memorial benefit is being planned for Saturday, October 16, 2005 at Miller's On Main. This benefit will include an outdoor concert. Chad Wagner, owner of Miller's on Main, has submitted a Special Event Permit Application requesting Council to waive any fees. Staff is recommending several conditions if approval of this event is granted. See Attached "Conditions of Approval" The Lino Lakes Police Department has conducted a background investigation and found no reason to deny the permit or stop the application process. The Special Event Permit Application , proper insurance forms and background investigation results are on file in the City Clerk's office for review. OPTIONS: 1. Adopt Resolution 05 -148 Authorizing Staff to Issue a Special Event Permit to Miller's on Main for the Officer Shawn Silvera Memorial Benefit. 2. Decline to Adopt Resolution 05 -148. 3. Return to staff for further review and/or action. RECOMMENDATION: 1. Option #1 • • • COUNTY OF ANOKA CITY OF LINO LAKES RESOLUTION NO. 05-148 RESOLUTION APPROVING APPLICATION FOR SPECIAL EVENT PERMIT FOR MILLER'S ON MAIN WHEREAS, WHEREAS, WHEREAS, WHEREAS, the Lino Lakes City Council met at its regularly scheduled meeting of September 26, 2005; and Miller's on Main has submitted an application for a Special Event Permit for the Officer Shawn Silvera Memorial Benefit to be held on October 16, 2005; and the City of Lino Lakes Police Department has conducted a background investigation of Chad Wagner, owner of Miller's on Main; and Chad Wagner of Miller's on Main has expressed a willingness to comply with all the requirements set forth by city ordinances and the conditions set forth in Attachment "A" NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves the Special Event Permit for the benefit. Approved by the City Council of the City of Lino Lakes this 26th day of September, 2005. ATTEST: Jean Viger, Deputy Clerk 4 L1B John J. Bergeson, Mayor • • • (1) Attachment "A" Conditions of Approval (Resolution No. 05 -148) Establishment of a fence or barrier (sufficient to prevent ingress / exit except at established gates) completely enclosing the proposed location of sufficient height and strength to prevent people in excess of the maximum permissible number from gaining access to the event grounds, which shall have sufficient entrances and exits to allow easy movement into and out of the event grounds and provide traffic control onto established public road systems; (2) Proof of permission for use of property upon which the special event is to be held or upon which parking may occur, and in the case of County right -of -way, proper documentation from the County approving the plans; (3) Potable water, meeting all Federal and State requirements for sanitary quality, sufficient to provide drinking water for the maximum number of people to be assembled at the rate of at least one gallon per person per day; (4) Separate enclosed toilets for males and females, meeting all state and local specifications, conveniently located throughout the grounds, sufficient to provide facilities for the maximum number of people to be assembled, in accordance with the Minnesota State Board of Health Regulations and Standards; (5) A sanitary method of disposing of solid waste, in compliance with state and local laws and regulations, sufficient to dispose of the solid waste production of the maximum number of people to be assembled at the rate of at least 2.5 lbs. of solid waste per person per day, together with a plan for holding and collecting all such waste at least once each day of the assembly, and sufficient trash containers and personnel to perform tasks; (6) Medical personnel licensed to practice in Minnesota sufficient to provide medical care for the maximum number of people expected to attend the event, and providing an enclosed covered structure where treatment may be rendered, and with provision for emergency ambulance service; �yC • • (7) If the assembly is to continue during hours of darkness, illumination sufficient to light the entire area of the assembly at the rate of at least five foot candles, but not to shine unreasonably beyond the boundaries of the enclosed location of the assembly; (8) A free parking area inside of the assembly grounds sufficient to provide parking space for the maximum number of people to be assembled at the rate of at least one parking space for every four persons or a parking plan which clearly shows adequate space for off -site parking; (9) Telephones connected to outside lines sufficient to provide emergency service; (10) Security and traffic, alcohol and narcotics control plan which will meet the requirements of local authorities and the Minnesota Department of Public Safety, including provisions to enforce legal drinking age; regularly employed off -duty Minnesota law enforcement officers or protective agents licensed in Minnesota, sufficient to provide adequate security for the maximum number of people to be assembled; (11) Fire protection shall be provided by the sponsor which may include, but not be limited to, the following: fire alarms, extinguishing devices, fire lanes, and shall be sufficient to meet all applicable state laws and local regulations which are in effect, or may be set forth by the political subdivision concerned; and sufficient emergency personnel to efficiently operate the required equipment will be provided by the sponsor, also; (12) All reasonably necessary precautions to insure that the sound of the assembly will not carry unreasonably beyond the enclosed boundaries of the location of the assembly; (13) Administrative control center with telephones where local authority can contact the sponsors and law enforcement personnel inside the assembly area; 4416 • (14) A bond, filed with the City Clerk, either in cash or underwritten by a surety company licensed to do business in Minnesota in the minimum amount of $100,000.00 which shall indemnify and hold harmless this political subdivision or any of its agents, officers, servants, and employees from any liability or causes of action which might arise by reason of granting this license, payment of employees, or services rendered by the granting authority, and from any cost incurred in cleaning up any waste material produced or left by the special event. (15) Minimum of three 2A1OBC fire extinguishers need to be on location in the tent area. (16) "No Smoking" signs need to be displayed throughout the area. (17) No pyrotechnics are allowed (18) No parking within 20 feet of the tent. Measured from stakes. (19) No open flames within 20 feet of tent. Measured from stakes. • (20) Generator to be located at least 20 feet from tent. Measured from tent. (21) Clearance to property line needed to 20 feet. Measured from stakes. (22) Certificate of flame retardant for all panels of tent. (23) Music shall cease at 12 midnight and patrons shall clear the premises at 1 a.m. (24) First aid shall be available with sufficient access by the public. (25) An entrance fee shall be charged and entrance shall be by wrist bands only. (26) A map showing the stage location shall be provided to public safety and the fire department. • • • 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 are hereby vacated: That part of a 20.00 foot wide street and utility easement, as described in Document No. 993102, across Government Lot 1, Section 30, Township 31, Range 22, Anoka County, Minnesota, which lies northeasterly of the easterly right of way line of Hodgson Road (a.k.a. C.S.A.H. No. 49) as described in Document No. 1370241. • • • That part of North Road (a.k.a. Lake Drive) more particularly described as that part of the south 33.00 feet of Lot 17, Auditors Subdivision No. 151 and that part of the north 33.00 feet of Government Lot 1, Section 30, Township 31, Range 22, all in Anoka County, Minnesota, which lies northeasterly of the easterly right of way line of Hodgson Road (a.k.a. C.S.A.H. No. 49) as described in Document No. 1370241 and which lies southeasterly of the southerly right of way line of Lake Drive (a.k.a. C.S.A.H. No. 23) as described in Document No. 149933 and which lies westerly of abandoned State Trunk Highway No. 49. Section 3 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. Section 4 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 13th day of September, 2005. ATTEST: Jean Viger, Deputy Clerk John J. Bergeson, Mayor • • • AGENDA ITEM 3A STAFF MEMBER Daniel Tesch, Director of Administration DATE 26 September 2005 SUBJECT Temporary Salary Increase VOTE REQUIRED 3/5 BACKGROUND The recent departure of our City Clerk has left our Deputy Clerk Jean Viger taking over a number of Ann's duties. It has been our practice in such cases to provide additional compensation (10 %) to the employee left with the additional duties. I would therefore recommend a ten percent (10 %) increase be provided for Jean, retroactive to Ann Blair's departure and until the position is filled. OPTIONS 1. Approve a 10% increase in compensation for Jean Viger, Deputy Clerk, while she assumes additional duties. 2. Deny the request. RECOMMENDATION Number One. • • • AGENDA ITEM 3 B STAFF MEMBER Daniel Tesch, Director of Administration DATE 26 September 2005 SUBJECT Officer Carroll VOTE REQUIRED 3/5 BACKGROUND Officer James Carroll has resigned his position with the City of Lino Lakes. We would like to wish James the best of luck with his career. OPTIONS 1. Accept Officer Carroll's resignation. RECOMMENDATION Number One. 09/02/05 s Dear Chief Pecchia, As you know I have been in the application process with the Minneapolis Police Department and I have decided to accept a position as a lateral transfer. This letter is to inform you of my notice with my last day being 09/26/05. This was a difficult decision to make as I have worked with so many good people here in my time and had such wonderful opportunities. In my time here at the Lino Lakes Police Department I have worked as a CSO, patrol officer, school liaison, and as an investigator. These experiences have qualified me as a well rounded officer with extensive training. Additionally, I would like thank the Lino Lakes Police Department for tuition assistance in sending me back to school to work towards my master's degree. Without that opportunity I would likely have been unable to continue my education. Lastly, I would like to thank all Lino Lakes Police Department - staff for their support, friendship, and professional partnerships. • Sincerely, Officer James Carroll • • • AGENDA ITEM 3D STAFF MEMBER Daniel Tesch, Director of Administration DATE 26 September 2005 SUBJECT 2006 - North Metro Telecommunication Budget VOTE REQUIRED 3/5 BACKGROUND As a member of the North Metro Telecommunications Commission, the Lino Lakes City Council is required to act on the Commission and Media Center budgets. The Commission's operating budget for 2006 is proposed at $522,855. This is an increase of $48,136 over the 2005 budget. The reason for the increase include a new line item for building maintenance and repair, I -net consulting and the inclusion of the Master Control Operator's salary into this budget. The Media Center proposed budget is $773,183. This budget is composed of operating expenditures totaling $581,005 and capital expenditures of $191,188. In addition to the budget, Operations Committee has also proposed an increase in the subscriber's monthly PEG (public, education, government access) fee from $2.56 /month to $2.64 /month. The Memorandum of Understanding between the Member Cities and Comcast allows for an annual cost of living increase in the PEG fee. The increased funding is necessary for the Media Center to meet staffing and equipment goals. The Telecommunication Commission is recommending approval of the budget and PEG fee increase. OPTIONS 1. Approve the Cable Commission Budget, Media Center Budget, and the increase to the PEG Fee to $2.64/mo. Deny the request to approve the budgets and PEG Fee. RECOMMENDATION Number One. J%,Torth Metro ;x_Telecommunications Commission Media Center July 21, 2005 Mr. Dan Tesch City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55110 RE: APPROVAL OF 2006 COMMISSION AND MEDIA CENTER BUDGETS Dear Mr. Tesch: Enclosed, please find for the council's review and approval the 2006 Budgets for both the North Metro Telecommunications Commission ( "Commission. ") and the North Metro Media Center ( "Media Center "). I. 2006 COMMISSION BUDGET The Commission's operating budget for 2006 is proposed at $522,855. This is an increase of $48,136 over the 2005 budget. The 2006 budget is higher due to a new savings line item dedicated to future building repairs, funds dedicated to I -net consulting, and the inclusion of half the Master Control Operator's compensation. Recommendation: That the Member Cities approve the 2006 Commission Budget as recommended by the Telecommunications Commission and the Operations Committee. II. 2006 MEDIA CENTER BUDGET The amended Joint Powers Agreement established an "Operations Committee" which is composed of Member City administrators. Their primary responsibility is to provide input to the operation and budget of the Community Media Center. Enclosed is the 2006 Media Center budget proposed by the Operations Committee and recommended by the North Metro Telecommunications Commission for approval by its Member Cities. 12520 Polk Street Northeast, Blaine, MN 55434 Phone: (612) 780 -8241 Fax: (612) 780 -8242 Blaine • Centerville • Circle Pines • Ham Lake • Lexington • Lino Lakes • Spring Lake Park • • • The Media Center proposed budget is $773,183. This budget is composed of operating expenditures totaling $581,995 and capital expenditures of $191,188. In addition to the budget, the Operations Committee has also proposed an increase in the subscriber's monthly PEG fee from $2.56 /month to $2.64 /month. The Memorandum of Understanding between the Member Cities and Comcast allows for an annual cost of living increase in the PEG fee. The eight -cent increase represents a 3.3% CPI average. The increased funding is necessary for the Media Center to meet staffing and equipment goals. The Telecommunications Commission is recommending this increase in the PEG fee. Recommendation: That Member Cities approve the 2006 Media Center budget and increase in the PEG fee to $2.64 /month as presented by the Telecommunications Commission and Operations Committee. The Joint Powers Agreement states, "submitted budgets shall be deemed approved by a Member City unless, prior to October 15 preceding the effective date of the proposed budget, the Member City gives notice in writing to the Commission that it is withdrawing from the Commission." I want to thank the Commission directors, staff, and the Operations Committee for their efforts in preparing these budgets. If you have any questions about either budget please consult with your Commission director or City Administrator. I look forward to working with all parties, throughout the remainder of 2005, toward reaching the full potential of the Media Center and to increase both the quality and quantity of conununity programming in 2006. Enc. Sincerely, Richard Swanson Chair, NMTC • North Metro Telecommunications Commission ESTIMATED REVENUES 2005 Franchise Fee S670,000 Operating Reserve (Bal. Frwrd. 1/01/06) $50,000 411 Bond Reserve (Bal. Frwrd. 1/01/06) $182,658 Interest Income $11,000 ESTIMATED EXPENDITURES 2006 Commission Budget Operating Reserve Bond Reserve Franchise Fees Retained by Cities TOTAL: $913,658 TOTAL. $522,855 $50,000 $182,658 $158.145 $913,658 • • • Cl) w 1- 0 z O a c a) c a) U y 0 a) a) .co 'a V a) c N al •Q 2) co -. a) " . co c ix o a) a) co > C Q N v- N o = • U O en . N N N O CO T O in O O O ch T O LC) T T T In T M In N V"' OD CO Executive Director O O_ co 2 0 a) c 0) w O O O O is 0 0 0 O 0 0 y c6 O O O O cn co 'tt co K1 N CA co Q.: 0. 0 N E O. 0 c o 0) _. d . . If) Cn Cn 2 0) 0 O 0) w m 0) ca Cn co 2 0) 0 O O c a) RS > a a) 1- w N N O O CO co N T LC) N 0) O O M CA co CO M O LC) N O O O N red w /MC 50/50 O T O 0 0. E O U .co 0 t�4 0 C6 -a Q] U SUB TOTAL Lu G3 (Q U 0 a) w 0 1- J_ 0 1— 0 0 - J m E a) 0 m a) c O ccs a) a E O 0 a Y O 1- 0 1- m a) a) E a) > O 0 1, a cB N J .a E co c to E c o :z- O a) , ' 06 -C 2 c co a) stay 2 o. a) c 2 a g) ._'_ w d 0 in 1- 0 1- m U) -28- N a) U co Q > L c .E O N U a) Q co 0. a• s Q O 0 0 O O N-7 o LC) 0 L() i3 a) 0 (1) ns O 0 Ln 0 I) O cca) 0) (0 s O 0 O 0 0) 0 Ln 0 Ln ocSU L U 4) w 'cno ca V a) L co 0 O IS 't7 c a) E, as 0 O m Cr w U 0 U a a) Q a) 0 a) a) L N c a G O L Q H SUB TOTAL CO N M Renewal Transfer of Ownershi sxr • • 1- 0 DC U W c ,o E =� o < U tt Q <l Consultants a) 0) tB 4) E U lY c O L a) a. a) a) Q W c N O a) c 0 t 1- 0 1- N 0 - 3 0 - • Commission Budget Line Item Supporting Information Personnel • All salaries are calculated based on a maximum 3% cost of living increase. The actual cost of living increase will be determined and approved by the Cable Commission, based on the average of member cities' increase, at their December 2005 meeting. • The Executive Director and Master Control Coordinator salaries are split between the two budgets. Benefits • Health benefit includes health, dental, ADD, STD, LTD, and workers comp. Insurance • This is split 50/50 with the Media Center and includes insurance coverage for the new building infrastructure. Office Expenses • Building security is based on 1st quarter actuals and is split 50/50 with the Media Center. • Bond payment reflects the total 2006 principal and interest payment for the bond. • Postage and subscriptions covers packets, magazines, and other postage for the Commission. • Office supply line item was increased to reflect higher costs, and potential problems with older copier and fax machines. • Telephone /Internet /Web Hosting are based on 1st quarter actuals. Split 50/50 with Media Center. • Trash, Recycling, Janitorial, and water cooler are based on current actual costs including consideration of inflation. Split 50/50 with Media Center. • Building maintenance includes lawn care, snow removal, heating /cooling maintenance contract, annual fire inspection, carpet cleaning, window cleaning, and miscellaneous expenses. Split 50/50 with Media Center. • Building utilities include gas, electric, and water, Legal Expenses • Legal costs should be minimal in 2006. There could be some rate regulation costs and some lobbying costs, but these will most likely be divided between several clients, reducing our costs. Other Administrative Costs • • The cost of the annual audit is increased to reflect 2005 actual plus expected inflation. 50/50 with the Media Center. • Included money for I -Net consulting. • Conferences includes money for directors to attend in -state MACTA annual conferences and luncheons. • Education /Training /Conferences includes money for staff training and attendance at local MACTA conferences and luncheons. • Government /Legislative Affairs includes money to support lobbying efforts on behalf of commissions and cities regarding telecommunications issues in the state legislature and on the federal level as well. • Stipends for up to eight interns. Using interns on van shoots and in other production scenarios provides us with a reliable and committed work force for a minimal cost. It also affords the intern an invaluable working experience. • Membership dues include MACTA, NATOA, local Chambers of Commerce, and Sam's Club. • • Capital Expenditures • Commission office equipment will include computer and software upgrades. • The equipment grant began as $60,000 and has increased across the years, annually by 3 %. It is absolutely necessary to rebuild the equipment reserve to cover the costs of future major purchases. I have included a new line item for a Building Repair Fund. Money should be held in this fund for future building maintenance such as window replacement, roof replacement, major landscape issues, etc. • • • F 0 V n -n CD V EA 00 01 EA 0 0) O EA J s. N I>V _ 0 *N b9 EA N CC V 4 0) N (0 C Cn CO N (n 69 69 69 W (0 EA 69 69 01 ff. CA 69 W CO J= V V • CO cD U. V C f0. 1)1 O _CO W 01 EA A CO 01 O 4 V Y 6, 69 EA CJ v EA C V C 0 m V CO 69 EA 0) 0) 01 N- EA 69 CI A O J- (0 L V V N 0 • 0) y EA CO A O A fA N A CA V N N 49▪ . • V . V V - V Cri N CD 10 _ W N O 10 t. 0) C t� N k; COD O N 01 0 40 N V 01 , 69 69 69 E9 DO CO N cn W rr 0 : N O O) J... C (0 O) W 0) V N W W a W O 0 EA 01 40 1,0 O CO (F, 01 CO co N O CO �... -:: (P:O (71 0.. ... 0::: O NORTH METRO FRANCHISE FEE HISTORY • • • YEAR SUBSCRIBER GROWTH (Based on Comcast Figures) # OF PAYING & NON - PAYING SUBS. AT YEAR END # SUB. INCREASE OVER PREVIOUS YEAR 2004 19,040 2003 17,772 2002 16,208 2001 17,068 2000 19,121 1999 18,906 1998 17,970 1997 16,768 1996 15,709 1995 14,968 1994 13,488 1993 11,952 1,268 1,564 -860 -2,053 215 936 1,202 1,059 741 1,480 1,536 371 INCREASE AVERAGE: 622 7.13% 9.60% 5.0 %- 11%- 1.1% 5.2% 7.2% 6.7% 5.0% 11.0% 12.9% 3.2% 4.4% EST. PAYING PAYING SUBS AVERAGE % SUBS YEAR END End 2004 INCREASE '05 19,040 4.4% 19,878 • • • # Increase Total PEG Fee Paid Fee Paid/ months /Peg Fee= Paying Subs Time Frame LC) N M (fl co CO LC) O d N r N Lf) p' O O r r r O r co CO O LC) CO O ":h O O O 0 N r CO r r r 0 L() CO CO N- N CO N- ti LC r r r r r r r r r 0 0 0 0 0 0 0 0 0 O O O O O Ln 0 0 0 cci CO O N O O O co 6) r O co co co N N O) L() N co co N In r O LC) 6) 6) O LC) O �t O 6) 0) LC) N ti co Lc) LO d N ch d CO N ER 6469- E9- 69- 64E9- 6964 'Cr CO N 0 0 0 O O O N N N 2nd Qrtr 2002 - 3 5 - O O 00 O O 0) Cr) O O O) 0) N N r r 3 Quarters 1997 • • • MEDIA CENTER 2006 SUMMARY OF ESTIMATED REVENUES AND EXPENDITURES ESTIMATED REVENUES 2006 PEG Fees ($2.64/18,500 Subs. /Mo.) $586,080 Operating Reserve (Bal. Frwrd. 1/01/06) $139,222 Capital Equip. Fund (Bal. Frwrd. 1/06) $321,876 Truck Replacement Fund (Bal. Frwrd. 1/06) $0 Building Fund (Bal. Frwrd. 1/06) $0 Other Income $77,898 Interest Income $10,000 ESTIMATED EXPENDITURES Media Center Operating Budget Operating Reserve (1/4 of Budget) Equipment Purchases Vehicle Replacement Fund Capital Equipment Fund Building Fund TOTAL $1,1.35,076 $581,995 $145,499 $181,188 $10,000 $216,394 $0 TOTAL: $'1x135,076 • 0 CO T N CO N O LC) O O ":1- Lf) M 4 1•X cO LC) N co • O M O Shared w /comm.5 O 0) Q Q O) X c0 LL a) 0. O 0 o Ln O N N E O 0 0 as O) 0 CO Lf) a) 1. f0 C 0 W m 0. 2 a C f0 O U 2 CL SUB TOTAL O O O O O M O O O ti O Lc) N O O O co- AMOSAFIKR O) O O M to CO N CO N 'Cr CA M N O O ti O fD O O O O O M N- CO N 00 O O t+ co M M O O O O O` N N O O O co ti• M O Ln ti CO t• O O CO N O O CO CO 0) Ct M O CO CO C)) Cfl ALS M O ci Lfl �+r O O O O O a U O rn C0 O 0 c crs o -,y) W N (L) U U O • a) CD CD JD- E a) C U 0 O a a) 0 O 0 a) 0 ,O O U C C c > '(0 U 2 a) c co 'o 000 SUB TOTAL: H 0 H m 0 • - 3 9 - • • • w @ 0 2 \\ 0 0 0 0 > 0 ui ui I > I > m 2 0 0 > O k cJ / / / § E 0 k co 0 m 0 � � a CO OD Cr) ° c) 0 0 R � K -5 0 0 0 OD CO 0) 0 0 r r4 C11 0 co- <a) » « 0 0 0 K S 0 c { SUB TOTAL � } OPERATIONS. . � � } ± \ _ = / 0 0 -0 LU \ § \( U- / CO 0 f sue 2 <9 5 m = > 0 0 0 CC � : • Equipment Purchase Plan 2006 Equipment Location Recommended New Equipment Estimated Cost For Each Quantity i Total Cost Studio B Panasonic AG -MX70 digital mixer $ 7,000.00 1 $ 7,000.00 FFV Omega dual deck/removable arive $ 10,000.00 1 3 10,000.00 FFV Omega single deck $ 7,000.00 1 $ 7,000.00 73 GB hard drives $ 2,000.00 3 $ 6.000.00 Panasonic AG -A850 edit controller $ 2,800.00 1 $ 2.800.00 DNF controller w/T -bar $ 3.800.00 1 $ 3,800.00 8x4 audio mixer 3 800.00 1 $ 800.00 2 channel audio amplifiers $ 1,000.00 2 $ 2,000.00 Control room /studio speakers $ 375.00 4 $ 1,500.00 Digital video cameras /CCUs $ 12,000.00 3 $ 36,000.00 Tripods w /dollys 3 5,000.00 3 $ 15,000.00 15" color monitors 3 800.00 3 $ 2,400.00 5" color monitors $ 1,250.00 4 $ 5.000.00 Graphics computer /software 3 6,000.00 1 $ 6.000.00 Misc: Racks, work station, cables 3 10.000.00 1 $ 10,000.00 4 station intercom system $ 6,000.00 1 $ 6,000.00 Sub Total: $ 121,300.00 Staff Portable Mini -DV Panasonic Camcorders 3 1,500.00 2 $ 3,000.00 4- channel audio mixer $ 1,500.00 1 $ 1,500.00 Wireless mics $ 2,000.00 4 $ 8,000.00 AG -MX70 Panasonic digital mixer $ 7.000.00 1 $ 7.000.00 FFV Omega single deck/remove HD $ 7,000.00 1 $ 7.000.00 73 GB hard drive $ 2,000.00 1 $ 2.000.00 5" color monitors $ 1.250.00 4 $ 5.000.00 Mic stands w /boom arms $ 125.00 4 $ 500.00 Wireless Intercom system $ 1,000.00 1 $ 1.000.00 Tripods $ 500.00 2 $ 1,000.00 Misc: Travel cases, cables, connectors $ 5,000.00 1 $ 5.000.00 $ - Sub Total: $ 41,000.00 Public Portable Mini -DV Camcorders $ 1,500.00 2 $ 3,000.00 Hand held mics $ 130.00 6 $ 780.00 Mic stands /w boom arms $ 125.00 6 $ 750.00 Tripods $ 500.00 2 $ 1,000.00 $ - Sub Total: $ 5,530.00 Master Control Multi- change DVD player $ 800.00 1 $ 800.00 Tightrope server source upgrade $ 375.00 4 $ 1,500.00 Sub Total: $ 2,300.00 Equipment Total: $ 170,130.00': Tax: $' 11,058.45 Total: $ 181,188.45; Media Center 111/ Budget Line Item Supporting Information • • Personnel • All salaries are estimated to include any expected step increase and a maximum of a 3% cost of living increase. The actual cost of living increase will be determined and approved by the Cable Commission, based on the average of member cities' increase, at their December 2005 meeting. • Both the Executive Director and Master Control Coordinator salaries are split between the two budgets. • One full -time Coordinator position was added. It has become apparent over the last six months, that our current staffing level is struggling to maintain the same level of services for our cities and the public with the added responsibilities related to the new building. In order to expand services and better manage current services it is recommended that we hire a full -time employee. The new position would be involved with publicity, community relations, promo production, and developing a revenue generating sponsorship program. Benefits • Health coverage, ADD, STD, LTD and Workers Comp for 9 full time employees. Insurance /Bonds • Insurance coverage includes the addition of the new building and is split 50/50 with the Commission. Office Expenses • Building security is based on 2005 1st quarter costs and is split 50/50 with the Media Center. • Postage and subscriptions covers the cost of mailing dubs, magazines, and other postage for the Media Center. • Office supply line item was increased slightly to reflect costs associated with printing publicity materials, printing labels for dubs, and potential problems with older copier and fax machines. • Telephone /Internet /Web Hosting costs are based on 2005 1st quarter costs. Split 50/50 with Commission. • Trash, Recycling, Janitorial, and water cooler are based on current actual costs including inflation considerations. Split 50/50 with Commission. • Building maintenance includes lawn care, snow removal, heating /cooling maintenance contract, annual fire inspection, carpet cleaning, window cleaning, and miscellaneous costs. Costs are based 2005 1st quarter actual costs. Split 50/50 with Commission. • Building utilities include gas, electric, and water. Other Administrative Costs • Advertising /Marketing includes clothing items for the volunteer rewards program, and supplies for promotional mailings. • Audit is based on 2005 actual cost and rounded up to cover anticipated annual increase in cost. Split 50/50 with the Commission. • Awards Ceremony/ Entry Fees includes the trophies, food, and facility for the annual awards ceremony and entry fees for national video contest. • Conferences: Because of tight budget constraints we plan to send people to the local MACTA conference only. • Memberships include The Alliance for Community Media, the local arts alliance, and Sam's Club. • Publications include flyers and PR kits. Vehicle Expenses • Maint./ Lic. Is increased slightly to reflect the age of the vehicles. Production Expenses • While we have a staff vehicle, shoots often occur simultaneously requiring some staff to utilize their own vehicles. • Bulbs /Batteries /Other Production Costs include: Camera Batteries $2,500 Gaffer tape $500 Studio Bulbs $1.000 $4,000 • Intern line item includes stipends for up to eight interns. • Computer Upgrades include rebuilding several workstations and upgrading some software. • The Music Library is an annual fee paid for the rights to use the provided licensed music within public access programs. Capital Expenditures • Capital expenditures include all equipment necessary to make Studio B functional, a portable Studio in a box, master control upgrades, and field equipment for the public. Purchases this year will bring the building to its full production potential. Please see the attached equipment purchase spread - sheet. m w k k 2 E CC LU / / O 7 L w 5 CO CV a \0 ba ESTIMATED REVENUE \ \c=% /\ \1 \a O: = co \\° °\ \ \ (x = '' wa- 7 CD CO CD /Q /[ / csi \\\� \\ (6- cc @ = @ a x CO Eft 1 ƒ\ }\ %// CO \\ \o Lr) CO co CV co \ CO CO 0) } 0 ESTIMATED EXPENSES CV 0 0 OD co co CO CO CO CO • o Lo - uo \ ° LSD LCD CD Lfi ▪ CD CO • 6 CO CV CO CV CO CV c6 6 co co co y- CO o Lc, CV CO 0) \\ \ ) \ _ LL. \ } \ $ 0 ƒ _ : — 7 §2 \ ( E § J 2 J — _ — 2 — \ \ \ \ / \ / \ -& 4- o s w 4 0 0 z CV CV CO 0) CO • • • AGENDA ITEM 6 A STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: September 26, 2005 TOPIC: Resolution 05 -144 Authorizing Distribution of the Final AUAR ACTION: 3/5 BACKGROUND The City has been working on the I -35E Corridor Alternative Urban Areawide Review (AUAR) for over a year. We distributed the draft AUAR for comments. The 30 -day comment period started on July 4, 2005 and ended on August 3, 2005. The City received comment letters from a number of state agencies and local units of government as well as some private parties. These are listed in the information distributed to the City Council on September 16. As required by Minnesota Rules, City staff and the AUAR consultant team has completed the "Response to Comments" element of the Final AUAR, which provides responses to substantive comments received. The Response to Comments document is included in the meeting packet. Responding to the comment letters warranted revisions or additions to Items 17 and 21 in the AUAR. The Final AUAR document also includes a Mitigation Plan. The mitigation plan takes on the nature of a commitment by the City to prevent potentially significant impacts from occurring from specific projects within the AUAR area. The Lino Lakes Environmental Board and AUAR Advisory Panel met on September 22, 2005 to review and comment on the city's Response to Draft AUAR Comments and the Mitigation Plan. The City Council discussed the Final AUAR materials at its September 21, 2005 workshop. The request before the City Council is to authorize distribution of the Final AUAR to persons on the EQB's distribution list as well as to any persons who commented on the Draft AUAR. State agencies and the Metropolitan Council have ten days to file an objection to the Final AUAR. If no objections are filed, then the City Council is required to adopt the Final AUAR. • • OPTIONS 1. Approve Resolution 05 -144, authorizing distribution of the Final AUAR. 2. Return to staff with direction. RECOMMENDATION Option 1 • CITY OF LINO LAKES RESOLUTION NO. 05 -144 RESOLUTION AUTHORIZING DISTRIBUTION OF THE I -35E CORRIDOR FINAL ALTERNATIVE URBAN ARE AWIDE REVIEW 'WHEREAS, the northeast portion of the City of Lino includes identified growth areas, existing rural land uses, existing commercial uses, the Rice Creek Chain of Lakes Regional Park Reserve, and the I -35 E, I -35 W, and County Road 14 transportation corridors; and WHEREAS, the Alternative Urban Areawide Review (AUAR) process gives the City the opportunity to assess the impact of potential development on the area's natural resources prior to receiving and considering individual development proposals for approval; WHEREAS, the City Council, as the Responsible Governmental Unit, authorized the preparation of an AUAR with Resolution 05 -51; and WHEREAS, the City prepared a Draft Alternative Urban Areawide Review (DAUAR) document and the City Council authorized distribution of the I -35E Corridor draft AUAR for Public Comment with Resolution 05 -85; and, WHEREAS, the City received comments and has prepared responses to substantive comments; and WHEREAS, the City has prepared a mitigation plan to prevent potentially significant impacts from occurring from specific projects within the AUAR area. NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes distribution of the I -35E Corridor Final Alternative Urban Areawide Review to persons on the EQB's distribution list as well as to any persons who commented on the Draft AUAR, in accordance with MN Rules 4410. Adopted by the Lino Lakes City Council this day of 2005. ATTEST: Jean Viger, Deputy Clerk John J. Bergeson, Mayor • • AGENDA ITEM 6.B.i STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: September 26, 2005 TOPIC: 2nd 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 VOTE REQUIRED: Simple Majority BACKGROUND 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 staun 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 t Drive) and the Street and Utility Easement (Document No. 993102) between (Hodgson east of Land the Centerline of North Road. Road and ATTACHMENTS 1. Ordinance No. 08 -05 2. Proposed Vacation Map • • • • 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. 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 26th day of September, 2005. ATTEST: Jean Viger, Deputy Clerk John J. Bergeson, Mayor A Y tei n 6 _ Nm 00'20 c t T 944.55 '`-Nest Roo of the 5WI/4 of S. 25, T. 31, R. 22 tl 17 su 1 3 ofseOS i Al LI.'86L co co f3'B�0 n i- La b t Hr ;ic 4.4°'l, 0 hs7ee�it."'C7.r.}Y •0 0 1IV130 1N3W3SV3 E 0 4 0 rt r moadrUOSaQ :Wi idO2Id 14 -k 3 5 31VJS 3IHdVZIJ �ro ' ye Gtr • t 1 I,. n � e _ 1 1 � { _ . — - J► y } BO�l10 .�� E ,0 J CO is :. `� � � / —� °°3' %f s tl t�sr M ” 4003. Pavane ' \Je2�rCl 05003 a O - Np fTrrp 440j? lR ./ .0 4 r S3NV1 ONII J0 A1IO a3AI333a 050.00 {vel Rne of Gov't Let 1 and the east the of the NI/2 of the NMt /4 of See. 30, T. 31. R. 22 N00'21'54'E.SLL 650.00 VAtneee comer CC Iz ^' a Q By AGENDA ITEM 6.B.ii • STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: September 26, 2005 TOPIC: Resolution Number 05 -125 Final Plat Rice Lake Professional Center ACTION REQUIRED: 3/5 vote BACKGROUND E.G. Rud and Sons Land Surveying has requested approval of a one lot commercial subdivision entitled Rice Lake Professional Center. The subject property is located on the northeast corner of Lake Drive and Hodgson Road. The final plat conforms to the approved preliminary plat layout as approved by the City Council on August 22, 2005. The title commitment for the property and final plat has been forwarded to the City Attorney for review and are acceptable. The applicant has submitted a Rice Creek Watershed District permit. The Planning and Zoning Board reviewed the application at the August 10, 2005 meeting and recommended approval. OPTIONS. 1. Approve Resolution 05 -125 for the final plat of Rice Lake Professional Center. 2. Return to staff with direction. RECOMMENDATION Option 1 ATTACHMENTS 1. Resolution 05 -125 2. Final Plat submitted June 28, 2005 • • Speiser Acres Page 2 CITY OF LINO LAKES RESOLUTION NO. 05 -125 RESOLUTION APPROVING THE FINAT, PLAT FOR RICE LAKE PROFESSIONAL CENTER WHEREAS, a request has been submitted to the City for the approval of a final plat, and WHEREAS, review and approvals of plats are governed by state statutes and City ordinances, and WHEREAS, the preliminary plat for Rice Lake Professional Center was approved with Resolution 05 -124 by the City Council on August 22nd, 2005, and WHEREAS, the final plat for Rice Lake Professional Center complies with City requirements and the conditions of Resolution 05 -124 have been satisfied. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the final plat for Rice Lake Professional Center. Adopted by the Lino Lakes City Council this 26th day of September, 2005. ATTEST: Jean Viger, Deputy City Clerk John J. 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Q RkD9 A� 2 �4A1��!4a uwe r to ,v y Sp 3,4t4g. /4. \ 8.2 t`a &1 .vaq'te:W4,e\ 3 S IV3S 3IHdVII >'71 1 b'NOI^SS�O�d i%/ 9 <or,yq r • yy tt. ,o RV ¢q z^ • AGENDA ITEM 6.C.i STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: September 26, 2005 TOPIC: Resolution 05 -143 Planned Unit Development - Final Plan Apollo Landing VOTE REQUIRED: 3/5 BACKGROUND Equinox Development was previously approved by the City Council (in the form of a Development Stage Plan) for a 5 lot commercial subdivision on property located at 540 Lilac Drive. The application included a Rezoning to GB (General Business), a Conditional Use Permit to allow a Planned Unit Development, a Development Stage Plan/Preliminary Plat, and allocation of commercial MUSA reserve. • The developer has now applied for a final plan for the hotel that is proposed for lot 1 of the plat. The final plan application includes the final building plans for the hotel as well as the final plat for the site. The development will also includes a restaurant pad on lot 5, and retail /commercial pads on lots 2, 3, and 4. Those lots will be designated as outlots on the final plat and will be required to come back for final plan when building plans are prepared. ANALYSIS Planned Unit Development The development stage plan for the project depicted a hotel on lot 1 of the plat. The applicant has now submitted the final plan application which includes the building plans for the hotel and the final plat for the site. The submitted plans are significantly in conformance with the approved development stage plan in terms of site layout. As this is a phased development, certain portions of the site will be completed while others will remain without improvements. This being phase one of the development, the full entry drive will need to be constructed with all of the necessary curb and gutter, as will the exterior landscaping and fencing surrounding lot 1. Beyond that, all necessary on and off site improvements that will serve the hotel will also need to be completed. Building Materials/ Elevations • Apollo Landing, page 2 SThe building elevations have been reviewed in comparison to the architectural design standards that were approved as a part of the Planned Unit Development for this site, and are deemed to be significantly in compliance with those standards. Building Height The architectural design standards limit height to 45 feet, as is the limitation in all GB (General Business) zoning district. The standards also allow the measurement of the height to be done in accordance with the zoning ordinance, which allows parapet walls to extend 4 feet beyond the 45 foot height limitation, as it is shown on the submitted elevations. Landscaping In accordance with the Screening requirements of the zoning ordinance screening is required along the boundary of the residential property adjacent to this commercial use. Either a green belt with 80% opacity, six feet in height must be provided, or alternatively a solid screening fence six feet in height. The plans as submitted provide a six -foot fence augmented with some additional landscaping. However, the fence detail that is shown is not meeting the 80% opacity standard and therefore staff is recommending a condition that the fence detail be revised to meet the standards. The entry drive is proposed to have linden trees spaced approximately 50 feet on center, though the spacing is uneven since the location of curb cuts prohibit exact spacing. A total of 16 pairs of trees are depicted on the •plan. The ground cover will consist of sod and mixed prairie grass where appropriate (drainage areas). The landscaping for the hotel site includes er' p imeter trees spaced approximately 40 feet on center, with mixed prairie grass and forbs. The internal site includes sod, numerous shrubs, and some decorative trees. Overall the landscaping is appropriate and in keeping with the architectural design guidelines for the site. Parking The original proposal for the hotel included 80 rooms which equates to 96 parking spaces for this lot. The current proposal includes 94 rooms which will require 116 stalls. That exceeds what is provided on this lot, however with the use of 20 shared parking spots on the other sites the parking need can be accommodated. This deviation from the strict enforcement of the parking standards is justified by the shared parking analysis, as well as the condition of approval that was added by the Planning and Zoning Board supporting a further reduction of parking on the site. Since this is the first phase. those shared parking spots will not be available at this time. Staff is recommending a condition that the 20 additional parking spaces be added to the plans to account for the shortage of parking on the hotel site. This additional parking will need to be adjacent or as close as possible to the hotel. Final Plat The final plat depicts one lot for the hotel and a large outlot that will encompass the rest of the development. The final plat is in substantial conformance with the layout that was approved as a part of the development stage plan. The title commitment and association documents have been submitted and are being reviewed by the City Attorney. Apollo Landing, page 3 •ENVIRONMENTAL BOARD The Environmental Board reviewed this application at the August 31St regular meeting. Their comments are attached and are addressed in the conditions of approval for the project. PLANNING AND ZONING BOARD The Planning and Zoning Board reviewed this application at the September 14, 2005 regular meeting. They unanimously recommended approval subject to the conditions listed below. OPTIONS • • 1. Approve the Resolution 05 -143 for the Planned Unit Development — Final Plan for the Hotel at Apollo Landing. 2. Deny the project. 3. Return to Staff with direction. RECOMMENDATION Staff reconnmends approval subject to the following conditions: 1. The developer is encouraged to use belden brick, jewel blend for the entire base of the building as is currently called out as an alternate on the elevation. 2• The vinyl fence for the project must meet the minimum city standards. 3. 20 additional parking spaces will need to be built within the subdivision to provide the minimum number of parking spaces for the proposed use. 4. Infiltration ponds must include city native seed mix, supplemented with potted plants. 5. A three year management contract with an experienced native plant establishment and maintenance company must be established. 6. All sodded and landscaped areas must be irrigated, with the exception of the trees located in the perimeter landscape planters. 7. Mulch for landscaped areas must be wood chip, non - planted areas may continue to use rock mulch. 8. Substitute Red or Autumn Blaze maples for all Norway maples on the landscape plan. 9. A revised landscape plan depicting all of the required changes in landscaping must be approved by city staff prior to the issuance of building permits for the site. ATTACHMENTS 1. City Engineer's memorandum dated September 1, 2005. 2. Environmental Board memorandum from the August 31, 2005 meeting. 3. Hampton Inn (Apollo Landing) Plan Set received August 15, 2005. 4. Apollo Landing Final Plat received August 15, 2005 • • Apollo Landing, page 4 CITY OF LINO LAKES RESOLUTION NO. 05 -143 RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT — FINAL PLAN FOR THE HOTEL AT APOLLO LANDING WHEREAS, the City has received an application for a planned unit development — final plan approval for property currently described to -wit: Parcel A That part of the West 660.00 feet of the Southeast Quarter of Section 8, Township 31, Range 22, Anoka County, Minnesota lying South of the North 500.00 feet and North of the South 500,00 feet thereof, according to the US Government Survey, Anoka County, Minnesota. AND That part of the West 500.00 feet of the Southeast Quarter of the Southwest Quarter of Section 8, Township 31, Range 22, Anoka County, Minnesota, lying easterly of the following described Southwest Quarter of the Southwest Quarter of said Southeast Quarter of theSou h west,Quarterl thence Easterly along the South line of said Southeast Quarter of the Southwest Quarter a distance of 320.00 feet to the actual point of beginning of the line to be described: thence Northerly at a right angle, a distance of 500.00 feet and there terminating, subject to easements of record, if any, and road right of way. Parcel B That part of the East 160.00 feet of the West 660.00 feet of the South 500.00 feet of the Southeast Quarter of the Southwest Quarter of Section 8, Township 31, Range 22, according to the US Government Survey thereof, Anoka County, Minnesota, lying North of a line being 50.00 feet North of the centerline of public street described as follows: Commencing at the South Quarter Corner of said Section 8, Township 31, Range 22; thence on an assumed bearing of West along the South line of said Southeast Quarter of the Southwest Quarter a distance of 836.79 feet to the point of beginning of the centerline to be described; thence Northeasterly 1124.51 feet along the arc of a non - tangential curve, concave to the Southeast, having a central angle of 78 degrees 42 minutes 57 seconds, and a radius of 818.31 feet, the long chord of which bears North 67 degrees 05 minutes 31 seconds East 1038.14 feet; thence South 73 degrees 33 minutes 00 seconds East a distance of 221.72 feet, more or Iess, to the centerline of Lake Drive and there terminating; subject to easements of record, if any. and WHEREAS, the applicant is proposing to subdivide the property into one parcel described as Lot 1, Block 1, Apollo Landing; and WHEREAS, the planned unit development — final plan approval request is based on the following submittals: 1. Hampton Inn (Apollo Landing) Plan Set received August 15, 2005. 2. Apollo Landing Final Plat received August 15, 2005 • ;and Apollo Landing, page 5 WHEREAS, at their meeting on April 13, 2005, the Planning & Zoning Board conducted a public hearing and "'recommended approval of the planned unit development — final plan subject to the conditions listed in the meeting minutes; and • • WHEREAS, the proposed planned unit development — final plan meets the requirements of the City's zoning ordinance and subdivision ordinance subject to certain conditions of approval. NOW, THEREFORE., BE IT RESOLVED that the City Council of Lino Lakes hereby approves the planned unit development — final plan for the Hotel at Apollo Landing subject to the following conditions: 1. The developer is encouraged to use belden brick, jewel blend for the entire base of the building as is currently called out as an alternate on the elevation. 2. The vinyl fence for the project must meet the minimum city standards 3. 20 additional parking spaces will need to be built within the subdivision to provide the minimum number of parking spaces for the proposed use. 4. Infiltration ponds must include city native seed mix, supplemented with potted plants. 5. A three year management contract with an experienced native plant establishment and maintenance company must be established. 6. All sodded and landscaped areas must be irrigated, with the exception of the trees located in the perimeter landscape planters. 7. Mulch for landscaped areas must be wood chip, non - planted are may continue to use rock mulch. 8. Substitute Red or Autumn Blaze maples for all Norway maples on the landscape plan. 9. A revised landscape plan depicting all of the required changes in landscaping must be approved by city staff prior to the issuance of building permits for the site. BE IT FURTHER RESOLVED that the development of the property shall be subject to the Apollo Landing Site Design Guidelines. Unless otherwise specified herein the development shall be subject to the provisions of the Lino Lakes Zoning Ordinance and all other applicable chapters of City Code. Passed by the Lino Lakes City Council this 26th day of September 2005. ATTEST: Jean Viger, Deputy City Clerk John J. Bergeson, Mayor • Memorandum DATE: September 1, 2005 TO: Paul Bengtson FROM: James E. Studenski, City Engineer RE: Apollo Landing Attached for your use is the TKDA review dated August 31, 2005 for the Apollo Landing project. Final approval has been given for this project. Please contact me at 651/982-2430 with any questions. To\Atr, 7:ente.r Pari(v,/a\,. L Lakes: iviinnesota 55[j-14-1] 62 - 63 — Fo.x: 6.7>1.-c)8:1-249 TKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292 -4400 (651) 292-0083 Fax www,tkda.c0m To: Mr. Jim Studenski, P. E. Reference: Apollo Landing Copies To: Hampton Inn City of Lino Lakes, Minnesota Proj. No.: 13265.002 From: Thomas Prew, P. E. Routing: Date: August 31, 2005 We reviewed the items submitted on August 15, 2005, for review. These items include: Rice Creek Watershed District Permit, Site Plan, and Plat. These items are order, and we recommend approval of them. There are no special conditions on the watershed Please let me know if you have any questions. An Employee Owned Company F — 6 4 — 1ffirmative Action and Equal Opportunity • • • Recommendations Lino Lakes Environmental Board August 31, 2005 The following recommendations were made at the August 31, 2005 Environmental Board Meeting: Apollo Landing Infiltration pond #1 does not show a ground cover. Infiltration ponds should be seeded with our City native seed mix, and supplemented with potted plants. Management of this area should be encumbered under at least a three year contract with a company experienced in native plant establishment and maintenance. The contract should cover at least one Burn at the end of three years. Any contract should be reviewed by the city for acceptability. Around the Hotel), something other than Norway maple should be planted, particularly on the North side of the Hotel. Norway maples are considered invasive to our woodlands. Red or Autumn Blaze maples might be substituted for the Norway maples. Infiltration pond # 2 should have the same consideration as infiltration pond # 1 sited above. All sodded areas around the Hotel must be shown as irrigated. Trees shown on the East side of entrance are not identified. Bordering areas along the property lines are shown as rock mulch and native prairie. Developer should indicate which option is the intended use. If the intended use is native plants, than more formal plantings around the perimeter would be more appropriate. Wood chip mulch would be more appropriate for these plantings as well as for the substituted red/autumn blaze maples. Lime stone rock will lower the pH and cause growth problems for the plants. Reduce parking as much as possible and /or use pervious parking. Motion to approve by Bor, second by Bauman. 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B. 11 g I� O DRAINAGE & UTILITY EASEMENTS SHOWN THUS: 500'44'49 "W 531.75 �- East line of West 660.00 feet of the Southeast Quorter of the O-a1 '< 0 '0 • 0 g ro N o fir8 ° WIN m b K 9e 0 o [7' O • Q IN3Wf1NOv NO NI ONf103 S310NJG DENOTES AN ANOKA COUNTY MONUMENT 2 Southwest Quarter of Section B. T31, R22. . x to 'O a 8 rn oa 0 O 5 9 R- R, l:Eo sN�o�°o S F a ,•U., P n o �j fA O'. • e o p' w R.. ff'.g• p' °o It" ? 1, M 51 U • d f. '0 0 W t>o A 2- ry (y O O P N O'ER mz,c9 15800 . 0 b O oa6G o05 `r'" O _� " P w o w (~n it �pS �00 r�7i p�Q -o O W It O 1) .°,1P tS.AAgg-f o 00»,, Fi It rq 9,, rN S S O) co 0 ;ID R. r) %)i) P 12 - ' o = ki 0 Q O" ,e,„ to t ° v kr (1) t„ to 1,, • • AGENDA ITEM 6Cii STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: September 26, 2005 TOPIC: Resolution No. 05 — 145, Approving Development Contract, Apollo Landing Vote Required: Simple Majority BACKGROUND: The City Council approved a preliminary plat and Planned Unit Development approval on May 9, 2005 and authorized execution of a Grading -Only Development Contract on July 25, 2005 for Apollo Landing. This development provides for the construction of 5 commercial units on property located at 540 Lilac Drive. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Contract for this project. The contract provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $191,500 representing 150 percent of the development improvement costs and a Letter of Credit in the amount of $23,500 representing 35 percent of the City improvement costs to insure completion of the project in accordance with the approved plans. 2. Deposit of a cash escrow in the amount of $29,000 to reimburse the City for costs incurred by the City related to the development and improvements of the site and developer improvements. Equinox Development has reviewed the contract and is aware of the conditions set forth. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 05 — 145, Approving Development Contract, Apollo Landing. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 05 — 145 be adopted. • • • CITY OF LINO LAKES RESOLUTION NO. 05 -145 RESOLUTION APPROVING DEVELOPMENT CONTRACT, APOLLO LANDING. WHEREAS, the City Council issued a preliminary plat and Planned Unit Development approval for Apollo Landing on May 9, 2005, and WHERAS, the City Council authorized execution of a Grading -Only Development Contract on July 25, 2005, and WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities and final plat approval to insure satisfactory completion of public improvements. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Contract with Equinox Development for Apollo Landing and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this 26th day of September, 2005. Jean Viger, Deputy Clerk John J. Bergeson, Mayor • • • DEVELOPMENT CONTRACT Apollo Landing THIS AGREEMENT made this 26th day of September, 2005, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and Equinox Development whose address is 425 Arrowhead Drive, Minnesota 55014 hereinafter referred to as the "Developer ". WHEREAS, the Developer has received preliminary plat approval from the City Council for a plat of land within the corporate limits of the City known as Apollo Landing, hereinafter called "Subdivision ", said land is legally described to -wit Parcel A That part of the West 660.00 feet of the Southeast Quarter of Section 8, Township 31, Range 22, Anoka County, Minnesota lying South of the North 500.00 feet and North of the South 500,00 feet thereof, according to the US Government Survey, Anoka County, Minnesota. AND That part of the West 500.00 feet of the Southeast Quarter of the Southwest Quarter of Section 8, Township 31, Range 22, Anoka County, Minnesota, lying easterly of the following described line: Commencing at the Southwest Quarter of the Southwest Quarter of said Southeast Quarter of the Southwest Quarter; thence Easterly along the South line of said Southeast Quarter of the Southwest Quarter a distance of 320.00 feet to the actual point of beginning of the line to be described: thence Northerly at a right angle, a distance of 500.00 feet and there terminating, subject to easements of record, if any, and road right of way. • • • Parcel B Development Contract Apollo Landing September 26, 2005 That part of the East 160.00 feet of the West 660.00 feet of the South 500.00 feet of the Southeast Quarter of the Southwest Quarter of Section 8, Township 31, Range 22, according to the US Government Survey thereof, Anoka County, Minnesota, lying North of a line being 50.00 feet North of the centerline of public street described as follows: Commencing at the South Quarter Comer of said Section 8, Township 31, Range 22; thence on an assumed bearing of West along the South line of said Southeast Quarter of the Southwest Quarter a distance of 836.79 feet to the point of beginning of the centerline to be described; thence Northeasterly 1124.51 feet along the arc of a non - tangential curve, concave to the Southeast, having a central angle of 78 degrees 42 minutes 57 seconds, and a radius of 818.31 feet, the long chord of which bears North 67 degrees 05 minutes 31 seconds East 1038.14 feet; thence South 73 degrees 33 minutes 00 seconds East a distance of 221.72 feet, more or less, to the centerline of Lake Drive and there terminating; subject to easements of record, if any. WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the subdivision; and WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of City installed improvements to the benefited property. WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat; and herein, NOW, THEREFORE, in consideration of the mutual promises of the parties made IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". B. Improvements to be installed by the City and financed by the Developer are hereinafter referred to as "City Improvements ". II. DEVELOPER IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, street and utility plan, and a surface water management plan. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer Improvements shall page 2 • • • Development Contract Apollo Landing September 26, 2005 require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: 1. Grading Plan a) A final site grading plan, including certified wetland delineation, with maximum two -foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. 2. Erosion Control Plan a) The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. b) The Developer shall submit a turf establishment plan which details topsoil placement, seeding, sodding, mulching, fertilizing and watering. Said plan shall be approved by the City prior to the commencement of site grading or construction. 3. Tree Preservation Plan a) Developer will provide a tree preservation plan prior to any site grading which shall be in accordance with the City Tree Preservation Policy. Developer shall escrow for boulevard tree planting for each side of a lot which abuts a street. The City Forester shall determine species, size and location. b) The Developer shall remove, dispose of, or treat all dead and diseased trees in accordance with the City Forester's recommendation before building permits will be issued. 4. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.1, II.A.2, and II.A.3 as listed above. b) The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. page 3 • • • Development Contract Apollo Landing September 26, 2005 c) All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. d) Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. e) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. f) The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. g) b All disturbed areas shall be seeded. h) The front 50 feet of the lots, the street right -of -way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. i) Drainage swales, ditches, storm water storage ponds and other high risk erosion areas shall be protected from erosion. All remaining grading must be completed prior to issuance of building permits. j) k) Protect streets from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. 1) The Developer's engineer shall certify, in writing with an as -built survey, that all grading complies with the grading plan prior to issuance of building permits. 5. Final street grading, subbase, gavel base, bituminous binder course, and concrete curb and gutter. 6. Storm sewers when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances. page 4 • • • Development Contract Apollo Landing September 26, 2005 7. Sanitary sewer, laterals or extensions, including all necessary building services and other appurtenances. 8. Water, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances. 9. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan - guard stakes shall be appropriately installed to mark these irons. 10. The Developer agrees to maintain, at all times before acceptance of the streets by the City, an access road suitable for use by emergency, police and fire department equipment. The adequacy of such road shall be the sole determination of the City. Furthermore, such access road shall be located no more than 150 feet from any structure built within the Subdivision. 11. The Developer shall promptly clear dirt and debris, within public right -of- ways, and drainage and utility easements, resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance including street sweeping, storm sewer cleaning, ditch cleaning and pond dredging, resulting from the accumulation of said dirt and debris, until all Certificates of Occupancy are issued. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. 12. Street Lighting: a) Street lighting at Apollo Drive shall be owned by the City. b) It shall be the responsibility of the Developer to pay for street lighting operation charges for the initial 15 months of operation of the system. 13. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer Improvements. All such page 5 • • • Development Contract Apollo Landing September 26, 2005 easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 14. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction. 15. The Developer shall make provision that all gas, telephone, cable TV and electric utility designs be submitted to the City for review and approval prior to construction of the streets. Following review and approval by the City, the Developer shall insure that all installations comply with applicable City, County and State design standards and show proof of security arrangements with said utility companies. 16. Cost of Developer Improvements and description are as shown on Attachment A. Trunk Sanitary Trunk Unit Charges and Watennain Trunk Unit Charges shall be paid at the time of the building permit for each lot. 17. Construction of Developer's Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the fmal plat which will dedicate all permanent easements necessary for the construction and installation of the Developer and City Improvements as determined by the City. d) All construction debris and trash shall be properly disposed of at the Developer expense and in a timely manner as determined by the City. 18. The Developer shall construct and pay for all improvements as described in the landscaping plan. 19. The Developer shall make an application to FEMA for a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) to revise the existing Flood Plain maps consistent with the proposed grading plan. page 6 • • • 20. Guarantee Development Contract Apollo Landing September 26, 2005 a) Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all tenus and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty-five (35 %) percent of the total estimated cost of Developer's Grading Improvements and 150% of the total estimated cost of Developer's Sanitary and Watermain Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the tellus and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The lizevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the one -year warranty provisions of the agreement. The amount shall be determined by the City Engineer. page 7 • III. CITY IMPROVEMENTS • • A. There are no new City Improvements for this project. IV. RECORDING AND RELEASE Development Contract Apollo Landing September 26, 2005 A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel, a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the Subdivision and the Developer Improvements including, but not limited to, the following (See Attachment B for breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee 3. Administration - 3% Construction Cost 4. Engineering a) Administration 5. Legal - Plat Review 6. Publications 7. Park Dedication Fee 8. Tree Preservation Policy 9. Street Lighting - Install/Operate 10. Traffic Sighing Improvements 11. Boulevard Tree Planting 12. Street - Storm Sewer - Pond Maintenance 13. Sealcoating Fund 14. Aerial Photo Recovery Cost page 8 Development Contract Apollo Landing September 26, 2005 B. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting charge. VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City. B. The Developer further agrees that City Sewer, Water, Storm Sewer, and Bituminous Base Construction of the Streets, temporary street signs, gas, electric, and telephone will be completed prior to the issuance of building permits. C. The Developer further agrees that an as -built survey certifying that all the grading complies with the grading plan prior to issuance of building permits. D. The Developer further agrees to make an application to FEMA for a Letter of Map Amendment (LOMA) or a Letter of Map Revision (LOMR) to revise the existing Flood Plain maps consistent with the proposed grading plan prior to issuance of building peimits. E. Each lot must comply with erosion control measures to prevent any material from leaving the lot. The City of Lino Lakes will not perform any requested inspections on the lot until it complies to the erosion control requirements. F. Each lot must have a City approved Certificate of Grading showing the as -built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. G. Trunk Sanitary Trunk Unit Charges and Watenuain Trunk Unit Charges shall be paid at the time of the building permit for each lot. This shall be part of the performance agreement for each lot. VII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed page 9 • • VIlI. OWNERSHIP OF IMPROVEMENTS Development Contract Apollo Landing September 26, 2005 A. Upon completion of the work and construction required by this contract and acceptance by the City, the sanitary sewer and water improvements lying within the public easements shall become City property without further notice or action. IX. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT OF COSTS FOR DEFENSE A. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XI. VALIDITY A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. XII. GENERAL A. Binding Effect 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. page 10 • • • B. Notices Development Contract Apollo Landing September 26, 2005 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approval 1. The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and all required petitions, bonds, security, and documents including the following: a) By -laws for the developments association must be submitted for review and approval by city staff prior to the final plat being reviewed by the city council. These by -laws must include a joint access /shared parking agreement for the entire site. b) The architectural design standards approved as a part of this application must be supplied to each incoming tenant upon signature of a lease. c) The architectural design standards required to be approved by the City Council as part of any Planned Unit Development can not be modified unless reviewed and approved by the City Council. d) A development agreement must be executed between the developer and the city prior to the execution of a final plat for the site. e) Appropriate drainage and utility easements must be shown on the final plat. f) The proposed development is subject to Anoka County Highway Department requirements, review, and approval. Prior to the issuance of building permits for each building city staff must review and approve a photometric lighting plan of the entire site including all previous construction on the site. g) page 11 -88- • • Development Contract Apollo Landing September 26, 2005 h) Prior to the issuance of building permits for each building city staff must review and approve a landscaping plan of the entire site including all previous construction on the site. i) City is willing to allow for a reduction in the number of parking stalls with the goal being to have the appropriate amount of parking. J) Pedestrian access in addition to the sidewalk depicted along the entry drive must be added to the site. k) The final plat for the site will need to be accompanied by the final development plans for the hotel (Lot 1). At that time all of the lots will be platted, and site development plan reviews for subsequent buildings will be done administratively by staff. 1) The applicant must comply with all comments of Anoka County and obtain the appropriate county peiniits for work within the street right of way. m) A maintenance free fence shall be used to surround the property. D. The City acknowledges that the Developer may sell portions of Apollo Landing to other sub - developers. In such instances, the obligations of the Developer under Section II herein shall terminate upon execution of a perfoiniance agreement by the sub - developer with the City. XIII. VIOLATIONSBTJILDING PERMITS A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be perfoiuied by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and/or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. XIV. PROPERTY TAXES A. Should the recording of the Final Plat occur after July 1, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. Dollars shall be incorporated into the escrow agreement to cover the cost of said property taxes. page 12 • DEVELOPER CITY OF LINO LAKES • • By By Developer Mayor ATTEST: By Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) Development Contract Apollo Landing September 26, 2005 On this day of , 20_. before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA Notary public On this day of , of 20_, before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the , of , a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public page 13 ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS September 26, 2005 DEVELOPER INSTALLED IMPROVEMENTS •PROJECT NAME: Apollo Landing NUMBER OF REU's: 0 APPLICANT: Equinox Development ASSESSED AREA (ac.): 6.7 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate e $0 2 EROSION CONTROL Estimate e $0 3 SITE ENGINEERING & SURVEYING Estimate e $0 4 LANDSCAPING Estimate e $0 5 STREET /ACCESS CONST. Estimate e $33,364 $15,300 6 STORM SEWER CONST. A. Lateral Estimate e $52,150 $4,080 B. Surface Water Mgmt. Charge (s.f.) $0.081 a $13,000 7 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) $2,520 a $16,884 B. Trunk Unit Charge (REU) $1,095 SO C. Lateral Estimate e $14,287 8 WATERMAIN CONST. A. Trunk Area Charge (ac.) $2,690 a $18,023 •B. Trunk Unit Charge (REU) $1,765 a $0 C. Lateral Estimate a $27,636 TOTALS See Attachment B for security amounts to be posted NOTE a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study • $127,437 $67,287 $0 ATTACHMENT B CITY FEES DEVELOPER INSTALLED IMPROVEMENTS IDPROJECT NAME: Apollo Landing NUMBER OF REU's: 0 APPLICANT: Equinox Development ASSESSED AREA (ac.): 6.7 September 26, 2005 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 PLANNING /REVIEW A. Plat Review Fee $1,000 b $1,000 B. Planner Review Fee $1,000 b $1,000 2 ENGINEERING A. Plan /Plat/Grading Review $1,500 b $1,500 B. Preparation of Plans & Specs. $0 b $0 C. Construction Services $10,000 b $10,000 D. Construction Staking $0 b $0 E. City Engineering $3,000 b $3,000 3 ADMINISTRATION A. Administration Fee 3% of const. a $4,000 B. Legal $1,000 b $1,000 C. Publications $500 b $500 4 DEVELOPMENT FEES A. Park Dedication $2,175 /acre d $14,575 B. Sealcoating Fee $0 a $0 •C. Aerial Photo Fee $90 /unit a $450 BOULEVARD TREE PLANTING $0 b $0 6 DEVELOPMENT SECURITIES A. Tree Preservation $0 b $0 B. Street Lighting - installation $2,000 b $2,000 C. Street Lighting - operation $225 b $225 D. Traffic Signing $750 b $750 E. Street, St. Swr., Pond Maint. $1,000 b $1,000 F. Other - Property Tax, FEMA $0 b $0 SUBTOTALS: $0 $0 $41,000 CREDITS (GRADING -ONLY CONTRACT): $12,000 TOTALS: $0 $0 $29,000 SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $191,500 $0 $191,500 Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $23,500 $0 $23,500 Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $29,000 $29,000 NOTE a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board • • • AGENDA ITEM 6D STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: September 26, 2005 TOPIC: Resolution No. 05 -147, Approving Plans and Specifications and Authorizing Advertisement for Bids, Well No. 5 Pumphouse. VOTE REQUIRED: Simple Majority BACKGROUND: In accordance with the Water System Comprehensive Plan, construction of Well No. 5 was recommended to accommodate the City's water demand. The location of this well has been determined at Captain's Place within the Lakes Addition area. The Council awarded the drilling contract on April 11, 2005 for the Well No. 5 Pumphouse. The work under that contract, required for the design of the pumphouse, has been completed and incorporated into the plans. Authorization for advertisement at this time is critical for the project to stay on schedule. The City proposes to use Trunk Area & Unit funds for all costs of this improvement. OPTIONS: 1. Adopt Resolution No. 05 -147, Approving Plans and Specifications and Authorizing the Advertisement of Bids, Well No. 5 Pumphouse. 2. Return to staff for further review. RECOMMENDATION: Option No. 1 - Staff recommends that Resolution No. 05 -147 be adopted. • • • CITY OF LINO LAKES RESOLUTION NO. 05 -147 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS, WELL NO. 5 PUMPHOUSE. WHEREAS, pursuant to the Council adopting the Comprehensive Water System Plan on April 26, 2004, with reference to the first phases of improvement by constructing Well No. 5; and WHEREAS, the report provides information showing the proposed project is necessary, cost - effective, and feasible; and WHEARAS, the Council authorized plans and specifications for Well No. 5 Pumphouse March 28, 2005; and WHEREAS, the City's Engineer, TKDA, shall perform such services; and WHEREAS, the City proposes to use Trunk Area & Unit funds for all of the cost of the improvements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made part hereof, are hereby approved. 2. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids for the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids will be received by the Clerk, at which time they will be publicly opened in the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Lino Lakes City Council this 26th day of September, 2005. Jean Viger, Deputy Clerk John J. Bergeson, Mayor