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12/12/2005 Council Packet
AMENDED AGENDA CITY OF LINO LAKES Monday, December 12, 2005 Council Chambers 6:00 P.M. Truth -in- Taxation Hearing City Council meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) - Open Mike — Mr. Paul Pierce will inform the City Council and residents of Lino Lakes of Anoka County's 150th Birthday and plans to commemorate and celebrate the event. - 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) December 12, 2005 (Check No. 75465 through 75555 in the amount of $383,391.37). Pg. 4 -16 ii) Centennial Fire District (Check No. 14978 through 14985 in the amount of $3,907.90). Pg. 17 B) Consideration of Resolution 05 -187 Authorizing The Transfer Of Funds From The Area And Unit Fund To The 2003A G.O. Improvement and Refunding Bond Debt Service Fund Pg. 18 -19 C) Consideration of Resolution 05 -188 Authorizing The Transfer Of Funds From The Area And Unit Fund To The Water Operating Fund For Payment Of 1996B G.O. Water Revenue Bond Pg. 20 -21 D) Consideration of Resolution 05 -189 Authorizing The Transfer Of Funds From The Area And Unit Fund To The 1998A G.O. Improvement Bond Debt Service Fund Pg. 22 -23 Page 1 AMENDED AGENDA E) Consideration of Resolution 05 -190 Authorizing The Transfer Of Funds From The Area And Unit Fund To The 1999A G.O. Improvement Bond Debt Service Fund Pg. 24 -25 F) Consider November 28, 2005 Special Council Work Session Meeting Minutes G) Consider November 28, 2005 City Council Meeting Minutes 2. Finance Department Report, Al Rolek A) None 3. Administration Department Report, Dan Tesch A) Consider Promotion of Kelly McCarthy to Sergeant Pg. 26 B) Consideration of Resolution No. 05 -199 Adopting Donated Leave Policy Pg. 27 -27F 4. Public Safety Department Report, Dave Pecchia A) Consideration of Resolution No. 05 -191 Allowing the Lino Lakes Police Department to Participate in the Safe and Sober Project Pg. 28 -29 B) Consideration of Resolution No. 05 -192 Accepting Neighborhood Heroes Grant from Wal -Mart Pg. 30 -31 C) Consideration of Resolution No. 05 193 Designating Police Department Drug Forfeiture Funds to Reimburse the Employee Computcr Purchase Program. Pg. 32 34 5. Public Services Department Report, Rick DeGardner A) None 6. Community Development Department Report, Michael Grochala A) Consider 2nd Reading of Ordinance 13 -05, Rezoning Certain Property from R, Rural, R -X, Rural Executive and GB, General Business District to R -1X, Single Family Executive and GB, General Business District. Paul Bengtson Pg. 35 -39 Page 2 AMENDED AGENDA B) Consideration of Resolution No. 05 -196, Approving Memorandum of Understanding with Anoka County, CSAH 14 Improvement Project, Michael Grochala Pg. 40 -47 C) Consideration of Resolution No. 05 -197, Approving Joint Powers Agreement with Anoka County, CSAH 14/8 Improvement Project, Michael Grochala Pg. 48 -61 D) Consideration of Resolution No. 05 -194, Adopting the Surface Water Management Plan, Jim Jacques, TKDA Pg. 62 -64 E) Lois Lane Utility Extension i. Consideration of Resolution No. 05 -195, Ordering Improvements and Preparation of Plans and Specifications, Jim Studenski Pg. 65 -66 ii. Consideration of Resolution No. 05 -198, Declaring Official Intent to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the City, Jim Studenski Pg. 67 -69 7. Unfinished Business A) Approve September 8, 2005 Special Council Work Session minutes as corrected. 8. New Business A) Consider November 22, 2005 Council Word Session Minutes (Council Member Dahl Absent) B) Consideration of Resolution 05 -186 Related to Financing of Sports Stadium Pg. 70 9. Community Calendar, December 13, 2005 through 19, 2005: A) Council Work Session, Wednesday, December 14, 2005, 5:30 p.m. B) Planning & Zoning Board Meeting, Wednesday, December 14, 2005, 6:30 p.m. C) City Council Meeting, Monday, December 19, 2005, 6:30 p.m. 10. Adjourn Page 3 SUMMARY MINUTES CITY OF LINO LAKES Monday, December 12, 2005 Council Chambers 6:00 P.M. Truth -in- Taxation Hearing (6:04 — 6:40 p.m. — All present) City Council meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) Open Mike — MR. PAUL PIERCE OF THE ANOKA COUNTY HISTORICAL SOCIETY AND ANOKA COUNTY COMMISSIONER RHONDA SIVARAJAH ANNOUNCED ANOKA COUNTY'S 150TH BIRTHDAY AND PLANS TO COMMEMORATE AND CELEBRATE THE EVENT; CITIZENS WERE ENCOURAGED TO GET INVOLVED BY CALLING THE SOCIETY AT 763 - 421 -0600 Call to Order and Roll Call (6:44 p.m. — ALL PRESENT) Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items 1. Consent Agenda - (Items 1B, 1C, 1D and 1E were referred to the Council Worksession of 12/14 for further discussion) A) Consideration of Expenditures: i) December 12, 2005 (Check No. 75465 through 75555 in the amount of $383,391.37). Pg. 4 -16 ii) Centennial Fire District (Check No. 14978 through 14985 in the amount of $3,907.90). Pg. 17 B) Consideration of Resolution 05 -187 Authorizing The Transfer Of Funds From The Area And Unit Fund To The 2003A G.O. Improvement and Refunding Bond Debt Service Fund Pg. 18 -19 C) Consideration of Resolution 05 -188 Authorizing The Transfer Of Funds From The Area And Unit Fund To The Water Operating Fund For Payment Of 1996B G.O. Water Revenue Bond Pg. 20 -21 Page l SUMMARY MINUTES D) Consideration of Resolution 05 -189 Authorizing The Transfer Of Funds From The Area And Unit Fund To The 1998A G.O. Improvement Bond Debt Service Fund Pg. 22 -23 E) Consideration of Resolution 05 -190 Authorizing The Transfer Of Funds From The Area And Unit Fund To The 1999A G.O. Improvement Bond Debt Service Fund Pg. 24 -25 F) Consider November 28, 2005 Special Council Work Session Meeting Minutes G) Consider November 28, 2005 City Council Meeting Minutes MOTION BY COUNCIL MEMBER DAHL, SECONDED BY COUNCIL MEMBER CARLSON TO APPROVE THE CONSENT AGENDA EXCEPT ITEMS B,C, D AND E. MOTION PASSED UNANIMOUSLY. 2. Finance Department Report, Al Rolek A) None 3. Administration Department Report, Dan Tesch A) Consider Promotion of Kelly McCarthy to Sergeant Pg. 26 MOTION TO APPROVE BY COUNCIL MEMBER STOLTZ, SECONDED BY COUNCIL MEMBER CARLSON; PASSED UNANIMOUSLY. B) Consideration of Resolution No. 05 -199 Adopting Donated Leave Policy MOTION TO APPROVE BY COUNCIL MEMBER DAHL, SECONDED BY COUNCIL MEMBER REINERT; PASSED UNANIMOUSLY. 4. Public Safety Department Report, Dave Pecchia A) Consideration of Resolution No. 05 -191 Allowing the Lino Lakes Police Department to Participate in the Safe and Sober Project Pg. 28 -29 MOTION TO APPROVE BY COUNCIL MEMBER REINERT, SECONDED BY COUNCIL MEMBER DAHL; PASSED UNANIMOUSLY. C) Consideration of Resolution No. 05 -192 Accepting Neighborhood Heroes Grant from Wal -Mart Pg. 30 -31 Page 2 SUMMARY MINUTES MOTION TO APPROVE BY COUNCIL MEMBER CARLSON, SECONDED BY COUNCIL MEMBER STOLTZ; PASSED UNANIMOUSLY. Program. Pg. 32 34 5. Public Services Department Report, Rick DeGardner A) None 6. Community Development Department Report, Michael Grochala A) Consider 2nd Reading of Ordinance 13 -05, Rezoning Certain Property from R, Rural, R -X, Rural Executive and GB, General Business District to R -1X, Single Family Executive and GB, General Business District. Paul Bengtson Pg. 35 -39 MOTION TO APPROVE BY COUNCIL MEMBER STOLTZ, SECONDED BY COUNCIL MEMBER REINERT; PASSED UNANIMOUSLY. B) Consideration of Resolution No. 05 -196, Approving Memorandum of Understanding with Anoka County, CSAH 14 Improvement Project, Michael Grochala Pg. 40 -47 MOTION TO APPROVE BY COUNCIL MEMBER REINERT, SECONDED BY COUNCIL MEMBER STOLTZ; PASSED UNANIMOUSLY. C) Consideration of Resolution No. 05 -197, Approving Joint Powers Agreement with Anoka County, CSAH 14/8 Improvement Project, Michael Grochala Pg. 48 -61 MOTION TO APPROVE BY COUNCIL MEMBER CARLSON, SECONDED BY COUNCIL MEMBER DAHL; PASSED UNANIMOUSLY. D) Consideration of Resolution No. 05 -194, Adopting the Surface Water Management Plan, Jim Jacques, TKDA Pg. 62 -64 MOTION TO APPROVE BY COUNCIL MEMBER STOLTZ, SECONDED BY COUNCIL MEMBER REINERT; PASSED UNANIMOUSLY. E) Lois Lane Utility Extension i. Consideration of Resolution No. 05 -195, Ordering Improvements and Preparation of Plans and Specifications, Jim Studenski Page 3 SUMMARY MINUTES MOTION TO APPROVE BY COUNCIL MEMBER CARLSON, SECONDED BY COUNCIL MEMBER DAHL; PASSED UNANIMOUSLY. ii. Consideration of Resolution No. 05 -198, Declaring Official Intent to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the City, Jim Studenski MOTION TO APPROVE BY COUNCIL MEMBER DAHL, SECONDED BY COUNCIL MEMBER STOLTZ; PASSED UNANIMOUSLY. 7. Unfinished Business A) Approve September 8, 2005 Special Council Work Session minutes as corrected. MOTION TO APPROVE BY COUNCIL MEMBER CARLSON, SECONDED BY COUNCIL MEMBER DAHL; LOST. 8. New Business A) Consider November 22, 2005 Council Work Session Minutes (Council Member Dahl Absent) MOTION TO APPROVE BY COUNCIL MEMBER STOLTZ, SECONDED BY COUNCIL MEMBER REINERT; PASSED WITH COUNCIL MEMBER DAHL DECLINING TO VOTE B) Consideration of Resolution 05 -186 Related to Financing of Sports Stadium MOTION TO APPROVE BY COUNCIL MEMBER CARLSON, SECONDED BY COUNCIL MEMBER DAHL; LOST ON A ROLL CALL VOTE. 9. Community Calendar, December 13, 2005 through 19, 2005: A) Council Work Session, Wednesday, December 14, 2005, 5:30 p.m. B) Planning & Zoning Board Meeting, Wednesday, December 14, 2005, 6:30 p.m. C) City Council Meeting, Monday, December 19, 2005, 6:30 p.m. 10. Adjourn 9:31 P.M. MOTION TO ADJOURN BY COUNCIL MEMBER STOLTZ, SECONDED BY COUNCIL MEMBER CARLSON; PASSED UNANIMOUSLY. Page 4 nPc 05 05 0H:20a Paul Pierce 76342 p.2 Dec 05 05 08:21a Paul Pierce 76342 P. 1857 - 2007 years es ?uicentenniaf ANOKA COUNTY It's Anoka County's Sesquicentennial Let's celebrate! • Sesqui — what ?? • Anoka County will celebrate its 150th birthday, known as the Sesquicentennial, in 2007_ The Anoka County Historical Society, Anoka County, and community leaders from across the county are planning an integrated program of community events to commemorate and celebrate 150 years of the place that we call "home." • A Year To Remember • The year 2007 will be one to remember with a year filled with community events across Anoka County. The Sesquicentennial Executive Board (SEB) and the Anoka County 1 50 Committee (AC150) are organizing tours, lectures, exhibits, contests, drawings, and events that will bring the county's history alive for people of all ages. Event participants can also take home a piece of history with souvenirs like a "Then and Now" photo book, CD, or reproduced historic postcards. • Goals for the Celebration • The Sesquicentennial will be an integrated series of activities with the intent of: • Fostering a sense of community and county identity in the citizens of all Anoka County communities; • Educating Anoka County's citizens about their communities' history and instilling re- spect for our shared heritage; • Inspiring our citizens to seek greater knowledge of and understanding about our County's past and engaging them in collecting history for the future; • Creating festivity around the celebration of 150 years of Anoka County's history. • Get Involved • Want to be a part of this countywide event? Partnering with municipalities, nonprofit or- ganizations, local businesses, and community groups will ensure this celebration's success and its countywide focus. Increase recognition of your program or product by sponsoring a Sesquicentennial event. Become a volunteer and be a part of history in the making! Contact the Anoka County Historical Society at (763) 421 -0600 to find out more or check out our website at www.ac - hs.org. It's the biggest birthday party of the year —come join in the celebration! EXPENDITURES DECEMBER 12, 2005 4 Date: 11/23/2005 Time: 10:10:00 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 5035 - 5035 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000420 ANOKA COUNTY 1 8,107.09. 8,107.09 .00 .00 000440 ANOKA COUNTY GOVERNMENT CENTER 1 129.13 129.13 .00 .00 000595 HOGSTAD, LISA 1 257.82 257.82 .00 .00 001110 CIRCLE PINES, CITY OF 1 5,382.52 5,382.52 .00 .00 003250 XCEL ENERGY 1 5,001.97 5,001.97 .00 .00 003492 PETTY CASH 1 227.58 227.58 .00 .00 003661 CUSTOM REMODELERS, INC. 1 100.50 100.50 .00 .00 004660 URICH, TRACEY 1 49.26 49.26 .00 .00 Grand Totals: 8 19,255.87 19,255.87 .00 .00* Date: 12/01/2005 Time: 10:31:05 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 5046 5046 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000408 AFSCME COUNCIL #5 1 749.47_ 749.47 .00 .00 000468 RELIASTAR LIFE INSURANCE COMPANY 1 1,422.63 1,422.63 .00 .00 000489 TDS METROCOM 1 1,411.32 1,411.32 .00 .00 000539 TARGET 1 298.35 298.35 .00 .00 000600 FAIRBANKS, CAROLINE 1 45.00 45.00 .00 .00 000879 PREFERRED ONE COMMUNITY HEALTH PLAN 1 36,977.19 36,977.19 .00 .00 001016 BRAND, JON & JENNY 1 3,000.00 3,000.00 .00 .00 001100 CIRCLE PINES POST OFFICE 1 485.41 485.41 .00 .00 001301 DELTA DENTAL PLAN OF MINNESOTA 1 4,242.25 4,242.25 .00 .00 001349 E. H. RENNER & SONS, INC. 1 18,149.97 18,149.97 .00 .00 001395 NEXTEL COMMUNICATIONS 1 578.97 578.97 .00 .00 001550 FORTIS BENEFITS, INC. 1 905.25 905.25 .00 .00 001850 HOFFMAN, MICHAEL 1 11.31 11.31 .00 .00 001859 HOME DEPOT CREDIT SERVICES 1 35.49 35.49 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 814.00 814.00 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 246.42 246.42 .00 .00 003230 MECKLE, TERRY 1 83.05 83.05 .00 .00 003260 STANSBERRY, KAY 1 47.10 47.10 .00 .00 003763 DECISION RESOURCES, LTC. 1 10,500.00 10,500.00 .00 .00 003802 PAGE, ELLEN 1 45.00 45.00 .00 .00 003808 THIELKE, ELAINE 1 45.00 45.00 .00 .00 004239 STREGE, KENT 1 69.44 69.44 .00 .00 Date: 12/01/2005 Time: 10:31:06 City of Lino Lakes FM Entry - Invoice Journal Vendor # Name Operator: JAL Page: 2 Discount # of items Net Gross Discount Lost 004788 SPRINT 1 129.41 129.41 .00 .00 Grand Totals: 23 80,292.03 80,292.03 .00 .00* Date: 12/02/2005 Time: 07:56:59 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 5040 5040 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000038 ACTIVE NETWORK, INC. (.COM) 1 458.57 458.57 .00 .00 000102 LEARNING FOR LIFE 1 121.00 121.00 .00 .00 000107 R & D BATTERIES, INC. 1 79.24 79.24 .00 .00 000120 ST. JOSEPH'S CHURCH 1 200.00 200.00 • .00 .00 000148 TARGET 1 35,908.00 35,908.00 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 2 10.20 10.20 .00 .00 000293 WIPERS AND WIPES, INC. 2 255.63 255.63 .00 .00 000364 NORTHERN AIR CORPORATION 1 277.75 277.75 .00 .00 000370 CENTRAL COMMUINICATIONS 2 688.21 688.21 .00 .00 000465 MN DEPT OF ADMIN /INTECH GROUP 1 37.00 37.00 .00 .00 000492 KRISS DESIGN COMPANY, LLC 1 2,400.00 2,400.00 .00 .00 000493 ASSET RECOVERY CORPORATION 1 911.00 911.00 .00 .00 000724 BLUE TOW SERVICE, INC. 2 189.05 189.05 .00 .00 000766 BONA, JEFF 1 50.00 50.00 .00 .00 000772 FILTRATION SYSTEMS, INC. 1 194.77 194.77 .00 .00 000860 BROADWAY AWARDS, INC. 3 849.75 849.75 .00 .00 000861 BEE LINE ALIGNMENT SERVICE 1 50.00 50.00 .00 .00 000984 CONTRACT HARDWARE 1 3,019.00 3,019.00 .00 .00 001083 KOHL'S 1 21,209.00 21,209.00 .00 .00 001095 DAHLGREN SHARDLOW AND UBAN, INC. 1 2,557.42 2,557.42 .00 .00 001270 DALCO, INC. 1 212.44 212.44 .00 .00 001280 DAVIES WATER EQUIPMENT CO., INC. 1 99.38 99.38 .00 .00 Date: 12/02/2005 Time: 07:57:00 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Vendor # Name # of items Net Gross Discount Discount Lost 001292 DEHN OIL COMPANY, INC. 1 4,471.73 4,471.73 .00 .00 001458 FAIR'S NURSERY AND LANDSCAPING 1 14,750.00 14,750.00 .00 .00 001530 FOREST LAKE FORD, INC. 3 213.99 213.99 .00 .00 001540 FORESTRY SUPPLIERS, INC. 1 25.87 25.87 .00 .00 001860 KENNEDY AND GRAVEN, INC. 1 3,906.00 3,906.00 .00 .00 001977 I.T.L. PATCH COMPANY, INC. 1 113.42 113.42 .00 .00 002310 LEAGUE OF MINNESOTA CITIES 1 630.00 630.00 .00 .00 002328 LEEF BROTHER, INC. 1 16.67 16.67 .00 .00 002330 LICHTSCHEIDL, DAVE 1 90.40 90.40 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 2 516.90 516.90 .00 .00 002550 MENARDS, INC. 1 34.83 34.83 .00 .00 002584 METRO SALES INCORPORATED 2 1,309.00 1,309.00 .00 .00 002760 MN. DEPT OF HEALTH 1 23.00 23.00 .00 .00 002900 MN. DEPARTMENT OF PUBLIC SAFETY 1 1,185.34 1,185.34 .00 .00 003013 INVENTORY TRADING COMPANY, INC. 2 333.25 333.25 .00 .00 003180 NEWMAN TRAFFIC SIGNS, INC. 1 1,405.80 1,405.80 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 2 98.61 98.61 .00 .00 003271 HSBC BUSINESS SOLUTIONS 1 53.23 53.23 .00 .00 003523 MARY KAY'S 1 233.50 233.50 .00 .00 003600 PRESS PUBLICATIONS, INC. 3 175.95 175.95 .00 .00 003664 BARTSCH, DARYL D. 1 300.00 300.00 .00 .00 003700 TEE JAY NORTH, INC. 1 200.04 200.04 .00 .00 003757 MINNESOTA REGROUT 1 3,850.00 3,850.00 .00 .00 003811 R T ELECTRIC, INC. 1 988.40 988.40 .00 .00 003848 SPARTAN PROMOTIONAL GROUP, INC. 1 2,082.35 2,082.35 .00 .00 003850 GREAT CLIPS IMAX THEATRE 1 202.00 202.00 .00 .00 004240 STREICHER'S, INC. 7 878.50 878.50 .00 .00 Date: 12/02/2005 Time: 07:57:00 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Discount Vendor # Name # of items Net Gross Discount Lost 004350 T.K.D.A. 24 107,704.70 107,704.70 .00 .00 004410 THANE HAWKINS POLAR CHEVROLET, INC. 1 17,581.98 17,581.98 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 5 809.75 809.75 .00 .00 004590 UNIFORMS UNLIMITED, INC. 1 120.82 120.82 .00 .00 004840 WINNICK SUPPLY, INC. 1 15.03 15.03 .00 .00 004900 ZEP MANUFACTURING COMPANY, INC. 1 197.14 197.14 .00 .00 005017 LINO LAKES BUSINESS CENTER 5,6,7,8 1 21,476.00 21,476.00 .00 .00 900539 BROWN, MELINDA 1 132.86 132.86 .00 .00 900569 COTTAGE HOMESTEADS 1 27,939.00 27,939.00 .00 .00 Grand Totals: 105 283,843.47 283,843.47 .00 .00* Date: 12/02/2005 Time: 08:03:36 Operator: JAL Ranges: Options: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 5039 - 5050 Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Check # Vendor Alpha Name Description Dept 75474 AFSCME COUNCIL #5 PAYROLL WITHHOLDING * * * * * * ** 0 BLUE TOW SERVICE, INC. '00 CHRYS CIRRUS * * * * * * ** 75475 BRAND, JON & JENNY REIMB BLDG ESCROW /6281 W * * * * * * ** 75469 CUSTOM REMODELERS, INC REIMBURSE PERMIT 6873 SU * * * * * * ** 75477 DELTA DENTAL PLAN OF M DENTAL INSURANCE * * * * * * ** 0 FAIR'S NURSERY AND LAN BOULEVARD TREES * * * * * * ** 75479 FAIRBANKS, CAROLINE REIMBURSE PROGRAM REC * * * * * * ** 0 KENNEDY AND GRAVEN, IN LEGACY * * * * * * ** 75483 LAW ENFORCEMENT LABOR PAYROLL WITHHOLDING * * * * * * ** 75485 MN CHILD SUPPORT PAYME PAYROLL WITHHOLDING /TERR * * * * * * ** 75487 PAGE, ELLEN REIMBURSE PROGRAM REC * * * * * * ** 75488 PREFERRED ONE COMMUNIT HEALTH INSURANCE * * * * * * ** 75490 RELIASTAR LIFE INSURAN LIFE INSURANCE * * * * * * ** 0 T.K.D.A. MARSHAN MEADOWS /OCTOBER * * * * * * ** 75496 THIELKE, ELAINE REIMBURSE PROGRAM REC * * * * * * ** Total for Dept ** 0 BONA, JEFF PROGRAM REC /SANTA SPECIAL 0 GREAT CLIPS IMAX THEAT PROGRAM REC SPECIAL 0 ST. JOSEPH'S CHURCH PROGRAM REC /BREAKFAST WI SPECIAL 75494 TARGET FOOD /CARDS /CARTRIDGES SPECIAL Total for Dept 205 75476 DECISION RESOURCES, LT TELEPHONE SURVEY MAYOR /CO 0 LEAGUE OF MINNESOTA CI CONFERENCE /DONNA C & CAR MAYOR /CO 0 MARY KAY'S FLOAT COVER MAYOR /CO 75494 TARGET FOOD /CARDS /CARTRIDGES MAYOR /CO 0 TIMESAVER OFF -SITE SEC NOV 14 /EDA CANVASS BOARD MAYOR /CO Total for Dept 401 75466 75477 75480 75486 75488 0 ANOKA COUNTY GOVERNMEN DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. NEXTEL COMMUNICATIONS PREFERRED ONE COMMUNIT PRESS PUBLICATIONS, IN MEETINGS DENTAL INSURANCE LONG TERM DISABILITY INS MONTHLY SERVICE /NOVEMBER HEALTH INSURANCE ORD 10 -05 ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST Amount 749.47 189.05 3,000.00 100.50 2,467.86 14,750.00 45.00 2,673.00 814.00 246.42 45.00 8,208.26 1,070.42 50,916.58 45.00 85,320.56* 50.00 202.00 200.00 165.00 617.00* 10,500.00 630.00 233.50 24.41 502.50 11,890.41* 129.13 214.86 63.62 44.99 2,024.92 62.10 Date: 12/02/2005 Time: 08:03:36 Operator: JAL Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 75490 RELIASTAR LIFE INSURAN LIFE INSURANCE ADMINIST 23.75 75491 SPRINT MONTHLY SERVICE /NOVEMBER ADMINIST 129.41 Total for Dept 402 2,692.78* 0 PRESS PUBLICATIONS, IN ADVERTISING /SCHOOL BALLO ELECTION 113.85 Total for Dept 403 113.85* 75480 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS SENIORS 4.81 75486 NEXTEL COMMUNICATIONS MONTHLY SERVICE /NOVEMBER SENIORS 46.06 75490 RELIASTAR LIFE INSURAN LIFE INSURANCE SENIORS 4.75 75495 TDS METROCOM MONTHLY SERVICE /NOVEMBER SENIORS 34.78 Total for Dept 406 90.40* 75477 DELTA DENTAL PLAN OF M DENTAL INSURANCE FINANCE 107.30 75480 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS FINANCE 50.41 75488 PREFERRED ONE COMMUNIT HEALTH INSURANCE FINANCE 770.09 75490 RELIASTAR LIFE INSURAN LIFE INSURANCE FINANCE 14.97 Total for Dept 407 942.77* 0 KENNEDY AND GRAVEN, IN LEGACY LEGAL CO 1,233.00 Total for Dept 414 1,233.00* 75477 DELTA DENTAL PLAN OF M DENTAL INSURANCE ECONOMIC 30.65 75480 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS ECONOMIC 14.34 0 KOHL'S TIF PAY -AS- YOU -GO ECONOMIC 21,209.00 75488 PREFERRED ONE COMMUNIT HEALTH INSURANCE ECONOMIC 352.18 75490 RELIASTAR LIFE INSURAN LIFE INSURANCE ECONOMIC 4.75 0 TARGET TIF PAY -AS- YOU -GO 2ND HA ECONOMIC 35,908.00 Total for Dept 415 57,518.92* 75477 DELTA DENTAL PLAN OF M DENTAL INSURANCE PLANNING 61.30 75480 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS PLANNING 27.68 75488 PREFERRED ONE COMMUNIT HEALTH INSURANCE PLANNING 704.36 75490 RELIASTAR LIFE INSURAN LIFE INSURANCE PLANNING 9.50 0 T.K.D.A. CSAH 49 /CRJ /OCTOBER PLANNING 2,180.60 0 TIMESAVER OFF -SITE SEC NOV 9/P & Z BOARD PLANNING 112.00 Total for Dept 416 3,095.44* 0 T.K.D.A. MEETINGS /OCTOBER ENGINEER 10,913.08 Total for Dept 417 10,913.08* 75477 DELTA DENTAL PLAN OF M DENTAL INSURANCE COMM DEV 75480 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS COMM DEV 75486 NEXTEL COMMUNICATIONS MONTHLY SERVICE /NOVEMBER COMM DEV 75488 PREFERRED ONE COMMUNIT HEALTH INSURANCE COMM DEV 75490 RELIASTAR LIFE INSURAN LIFE INSURANCE COMM DEV Total for Dept 418 0 BARTSCH, DARYL D. MODEL 590 MOSSBERG POLICE 0 BROADWAY AWARDS, INC. NAME PLATE POLICE 61.30 30.69 14.01 660.28 9.50 775.78* 300.00 849.75 Date: 12/02/2005 Time: 08:03:36 Operator: JAL Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name 0 0 75477 75480 75465 M 0 0 0 0 0 0 0 75470 75488 0 75490 0 75493 0 75494 75495 0 75477 75480 75488 75490 Description Dept Amount BROWN, MELINDA CENTRAL COMMUINICATION DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. HOGSTAD, LISA I.T.L. PATCH COMPANY, IMAGE PRINTING & GRAPH INVENTORY TRADING COMP KRISS DESIGN COMPANY, LEARNING FOR LIFE METRO SALES INCORPORAT MN DEPT OF ADMIN /INTEC PETTY CASH PREFERRED ONE COMMUNIT R T ELECTRIC, INC. RELIASTAR LIFE INSURAN SPARTAN PROMOTIONAL GR STREGE, KENT STREICHER'S, INC. TARGET TDS METROCOM UNIFORMS UNLIMITED, IN REIMBURSE UNIFORM SUPPLI MODEM /DECEMBER DENTAL INSURANCE LONG TERM DISABILITY INS REIMBURSE SUPPLIES EMBLEMS ENVELOPER /LETTERHEAD SHIRTS BUSINESS CARDS RENEWAL COPIER MAINTENANCE CONTR OCTOBER USAGE REIMBURSE SUPPLIES /FOOD HEALTH INSURANCE SIREN BATTERY /CONTROL BO LIFE INSURANCE BOOKMARKS /RULER /BADGE /LA REIMBURSE LODGING UNIFORM SUPPLIES FOOD /CARDS /CARTRIDGES MONTHLY SERVICE /NOVEMBER UNIFORM SUPPLIES Total for Dept 420 DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN DENTAL INSURANCE LONG TERM DISABILITY HEALTH INSURANCE LIFE INSURANCE Total for Dept 421 POLICE 132.86 POLICE 688.21 POLICE 412.21 POLICE 355.85 POLICE 82.80 POLICE 113.42 POLICE 298.14 POLICE 333.25 POLICE 2,400.00 POLICE 121.00 POLICE 214.00 POLICE 37.00 POLICE 51.24 POLICE 12,651.70 POLICE 988.40 POLICE 137.75 POLICE 2,082.35 POLICE 69.44 POLICE 878.50 POLICE 108.94 POLICE 757.66 POLICE 120.82 24,185.29* FIRE 89.83 INS FIRE 40.34 FIRE 1,802.06 FIRE 14.25 1,946.48* 75477 DENTAL INSURANCE 75480 LONG TERM DISABILITY INS 75486 MONTHLY SERVICE /NOVEMBER 75488 HEALTH INSURANCE 75490 LIFE INSURANCE 0 BLDG PREMITS /OCTOBER Total for Dept 422 75477 75480 75484 0 75486 75470 75488 0 75490 75495 75472 DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. NEXTEL COMMUNICATIONS PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN T.K.D.A. DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. MECKLE, TERRY NEWMAN TRAFFIC SIGNS, NEXTEL COMMUNICATIONS PETTY CASH PREFERRED ONE COMMUNIT R & D BATTERIES, INC. RELIASTAR LIFE INSURAN TDS METROCOM XCEL ENERGY DENTAL INSURANCE LONG TERM DISABILITY INS REIMBURSE CLOTHING ALLOW STOP SIGNS MONTHLY SERVICE /NOVEMBER REIMBURSE SUPPLIES /FOOD HEALTH INSURANCE BATTERIES LIFE INSURANCE MONTHLY SERVICE /NOVEMBER MONTHLY SERVICE /OCTOBER Total for Dept 430 BUILDING 122.62 BUILDING 50.80 BUILDING 77.29 BUILDING 2,266.74 BUILDING 16.62 BUILDING 1,068.38 3,602.45* STREETS 179.31 STREETS 71.54 STREETS 83.05 STREETS 1,405.80 STREETS 62.21 STREETS 176.34 STREETS 1,949.89 STREETS 39.62 STREETS 34.90 STREETS 113.34 STREETS 3,622.58 7,738.58* Date: 12/02/2005 Time: 08:03:36 Operator: JAL Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description 0 AMERICAN FASTENER & SU DRILL 0 BEE LINE ALIGNMENT SER FRONT END ALIGN 0 DEHN OIL COMPANY, INC. GASOHOL 75477 DELTA DENTAL PLAN OF M DENTAL INSURANCE 0 FACTORY MOTOR PARTS CO PUMP 0 FOREST LAKE FORD, INC. A A KIT 75480 FORTIS BENEFITS, INC. LONG TERM DISABILITY 0 LEEF BROTHER, INC. SHOP TOWELS 0 MN. DEPARTMENT OF PUBL VEHICLE REGISTRATION 75488 PREFERRED ONE COMMUNIT HEALTH INSURANCE 75490 RELIASTAR LIFE INSURAN LIFE INSURANCE 0 THANE HAWKINS POLAR CH 2006 CHEV SILVERADO 4X4 0 ZEP MANUFACTURING COMP FORMULA 50 /FINISH Total for Dept 431 Dept FLEET FLEET FLEET FLEET FLEET FLEET INS FLEET FLEET FLEET FLEET FLEET FLEET FLEET 75468 CIRCLE PINES, CITY OF MONTHLY SERVICE /OCTOBER 0 DALCO, INC. LEVER /FILTER /PLATE 75477 DELTA DENTAL PLAN OF M DENTAL INSURANCE 0 FILTRATION SYSTEMS, IN 75480 FORTIS BENEFITS, INC. 75465 M HOGSTAD, LISA 75482 HOME DEPOT CREDIT SERV 0 0 0 0 0 75488 0 75490 75492 75495 0 0 75468 75477 75480 75481 0 0 75486 75488 75490 75495 75471 75472 HSBC BUSINESS SOLUTION IMAGE PRINTING & GRAPH METRO SALES INCORPORAT MINNESOTA REGROUT NORTHERN AIR CORPORATI PREFERRED ONE COMMUNIT R & D BATTERIES, INC. FILTER LONG TERM DISABILITY INS REIMBURSE SUPPLIES DOOR BOTTOM BOOT /SHOE BRUSH ENVELOPES COPIER MAINTENANCE QUARRY TILE /GROUT REPAIR BUILDING MAINTENANCE HEALTH INSURANCE BATTERIES RELIASTAR LIFE INSURAN LIFE INSURANCE STANSBERRY, KAY REIMBURSE CLOTHING ALLOW TDS METROCOM MONTHLY SERVICE /NOVEMBER TEE JAY NORTH, INC. REPLACE WALL SWITCH /BATT WIPERS AND WIPES, INC. JANITORIAL SUPPLIES Total for Dept 432 Amount GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME CIRCLE PINES, CITY OF MONTHLY SERVICE /OCTOBER PARKS DELTA DENTAL PLAN OF M DENTAL INSURANCE PARKS FORTIS BENEFITS, INC. LONG TERM DISABILITY INS PARKS HOFFMAN, MICHAEL REIMBURSE CLOTHING ALLOW PARKS LICHTSCHEIDL, DAVE CLOTHING ALLOWANCE PARKS MENARDS, INC. CLEANERS PARKS NEXTEL COMMUNICATIONS MONTHLY SERVICE /NOVEMBER PARKS PREFERRED ONE COMMUNIT HEALTH INSURANCE PARKS RELIASTAR LIFE INSURAN LIFE INSURANCE PARKS TDS METROCOM URICH, TRACEY XCEL ENERGY MONTHLY SERVICE /NOVEMBER PARKS REIMBURSE CLOTHING ALLOW PARKS MONTHLY SERVICE /OCTOBER PARKS Total for Dept 450 10.20 50.00 4,471.73 35.25 98.61 213.99 13.55 16.67 1,185.34 646.83 5.46 17,581.98 197.14 24,526.75* 5,314.57 212.44 30.65 194.77 8.39 175.02 35.49 53.23 218.76 1,095.00 3,850.00 277.75 352.18 39.62 4.75 47.10 361.42 200.04 255.63 12,726.81* 67.95 137.94 67.76 11.31 90.40 34.83 197.68 891.00 26.13 39.78 49.26 70.19 1,684.23* Date: 12/02/2005 Time: 08:03:36 Operator: JAL Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 ACTIVE NETWORK, INC. ( CONTRACT 8 -1 - 10 -31 75477 DELTA DENTAL PLAN OF M DENTAL INSURANCE 75480 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS 75486 NEXTEL COMMUNICATIONS MONTHLY SERVICE /NOVEMBER 75488 PREFERRED ONE COMMUNIT HEALTH INSURANCE 75490 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 451 0 TIMESAVER OFF -SITE SEC NOV 7 /PARK BOARD Total for Dept 452 75477 DENTAL INSURANCE 75480 LONG TERM DISABILITY INS 75486 MONTHLY SERVICE /NOVEMBER 75488 HEALTH INSURANCE 75490 LIFE INSURANCE Total for Dept 461 DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. NEXTEL COMMUNICATIONS PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN 0 ASSET RECOVERY CORPORA RECYCLING DAY 75477 DELTA DENTAL PLAN OF M DENTAL INSURANCE 75480 FORTIS BENEFITS, INC. LONG TERM DISABILITY 75488 PREFERRED ONE COMMUNIT HEALTH INSURANCE 75490 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 462 75477 DELTA DENTAL PLAN OF M DENTAL INSURANCE 0 FORESTRY SUPPLIERS, IN TAGS 75480 FORTIS BENEFITS, INC. LONG TERM DISABILITY 75488 PREFERRED ONE COMMUNIT HEALTH INSURANCE 75490 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 463 RECREATI RECREATI RECREATI RECREATI RECREATI RECREATI PARK BOA ENVIRONM ENVIRONM ENVIRONM ENVIRONM ENVIRONM SOLID WA SOLID WA INS SOLID WA SOLID WA SOLID WA FORESTRY FORESTRY INS FORESTRY FORESTRY FORESTRY 75473 M CIRCLE PINES POST OFFI UTILITY BILLING POSTAGE WATER 75477 DELTA DENTAL PLAN OF M DENTAL INSURANCE WATER 75480 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS WATER 0 MN. DEPT OF HEALTH CLASS D LICENSE /JEFF F WATER 75486 NEXTEL COMMUNICATIONS MONTHLY SERVICE /NOVEMBER WATER 75488 PREFERRED ONE COMMUNIT HEALTH INSURANCE WATER 75490 RELIASTAR LIFE INSURAN LIFE INSURANCE WATER 75495 TDS METROCOM MONTHLY SERVICE /NOVEMBER WATER 0 WINNICK SUPPLY, INC. BUSHING /TEE WATER 75472 XCEL ENERGY MONTHLY SERVICE /OCTOBER WATER Total for Dept 494 75473 M CIRCLE PINES POST OFFI UTILITY BILLING POSTAGE 0 DAVIES WATER EQUIPMENT FLARE /PVC /PRIMER 75477 DELTA DENTAL PLAN OF M DENTAL INSURANCE 75480 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS 75488 PREFERRED ONE COMMUNIT HEALTH INSURANCE 75490 RELIASTAR LIFE INSURAN LIFE INSURANCE SEWER SEWER SEWER SEWER SEWER SEWER 458.57 98.08 36.20 15.08 1,131.26 15.20 1,754.39* 195.25 195.25* 10.72 10.53 46.06 196.02 4.04 267.37* 911.00 9.20 4.55 201.96 1.43 1,128.14* 10.73 25.87 5.31 196.02 1.66 239.59* 242.71 96.54 24.43 23.00 75.59 1,161.81 11.42 104.34 15.03 685.89 2,440.76* 242.70 99.38 65.90 24.45 809.63 11.38 Date: 12/02/2005 Time: 08:03:36 Operator: JAL Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 75472 XCEL ENERGY MONTHLY SERVICE /OCTOBER SEWER Total for Dept 495 623.31 1,876.75* 75467 ANOKA COUNTY HIGHLAND MEADOWS LOTS OTHER 8,107.09 O COTTAGE HOMESTEADS TIF PAY -AS- YOU -GO 2ND HA OTHER 27,939.00 O DAHLGREN SHARDLOW AND AUAR OTHER 2,557.42 75478 E. H. RENNER & SONS, I WELL #5 OTHER 18,149.97 O T.K.D.A. SURFACE WATER /OCTOBER OTHER 42,626.06 Total for Dept 499 99,379.54* O LINO LAKES BUSINESS CE TIF PAY -AS- YOU -GO 2ND HA FOGARTY 21,476.00 Total for Dept 513 21,476.00* O CONTRACT HARDWARE TIF PAY -AS- YOU -GO 2ND HA CONTRACT 3,019.00 Total for Dept 514 3,019.00* Grand Total 383,391.37* Centennial Fire District Check Register 12/2/2005 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 12/2/2005 14978 12/2/2005 14979 12/2/2005 14980 12/2/2005 14981 12/2/2005 14982 12/2/2005 14983 12/2/2005 14984 12/2/2005 14985 Centennial Utilities Keeprs, Inc. /Cy's Uniforms McLeod USA Metrocall Nextel Sentry Systems, Inc. Speedway Super America Comcast Total ACCOUNT 42251 - Station 1 - Gas 42120 - Uniform Expense 42240 - Telephone 42240 - Telephone 42240 - Telephone 42110 - Other Maintenance 42100 - Fuel & Lube 42180 - Office Supplies AMOUNT 180.22 2,421.26 365.82 80.03 143.59 155.00 371.98 190.00 3,907.90 CONSENT AGENDA ITEM 1B STAFF ORIGINATOR Al Rolek MEETING DATE 12/12/05 TOPIC Resolution No. 05 -187 Authorizing the Transfer of Funds from the Area and Unit Fund to the 2003A G.O. Improvement Bond Debt Service Fund VOTE REQUIRED Simple Majority BACKGROUND The 2003A Debt Service Fund was established to service the debt on several 2003 improvement projects and to refund the 1996A bond issue. The 1996A debt was to be retired using special assessments and resources of the Area and Unit Fund. Resolution 05 -187 would transfer the necessary funds from the Area and Unit Fund for 2005 debt service needs. The amount of the transfer is $444,755.00. It is staffs recommendation that the City Council approve Resolution 05 -187 authorizing this transfer. OPTIONS 1. Adopt Resolution 05 -187 transferring funds from the Area and Unit fund to the 2003A Debt Service fund. 2. Refer back to Staff for further consideration. 3. Deny Resolution 05 -187. RECOMMENDATION Option 1 CITY OF LINO LAKES RESOLUTION NO. 05 -187 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE AREA AND UNIT FUND TO THE 2003A G.O. IMPROVEMENT BOND DEBT SERVICE FUND WHEREAS, the 2003A Bond Debt Service Fund has a deficit balance, and WHEREAS, a portion of this issue refunded the original 1996A bond issue, and WHEREAS, the refunded portion of this bond issue was originally sold to finance 1996 Construction Projects, and WHEREAS, resources of the Area and Unit Fund were pledged toward the retirement of the 1996A bond issue. NOW THEREFORE BE IT RESOLVED, that the following transfer be adopted: Increase Decrease Imp. & Refunding Bonds 2003A (324) $444,785.00 Area and Unit Fund (406) $444,785.000 Adopted by the City Council of Lino Lakes this 12th day of December, 2005. John Bergeson, Mayor Julianne Bartell, City Clerk AGENDA ITEM 'IC STAFF ORIGINATOR Al Rolek MEETING DATE 12/12/05 TOPIC Resolution No. 05 -188 Authorizing the Transfer of funds from Area and Unit Fund to the Water Operating Fund VOTE REQUIRED Simple Majority BACKGROUND Each year a transfer is budgeted from the Area and Unit Fund to the Water Operating Fund to pay principal and interest on the 1996B G.O. Water Revenue Bonds. This transfer is a part of the funding mechanism set up in the original bond documents. The amount of the transfer is $304,195. It is staff's recommendation that Council authorize this transfer as budgeted. OPTIONS 1. Adopt Resolution 05 -188. 2. Refer back to Staff for further consideration. 3. Deny Resolution 05 -188. RECOMMENDATION Option 1 CITY OF LINO LAKES RESOLUTION NO. 05 -188 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE AREA AND UNIT FUND TO THE WATER OPERATING FUND FOR PAYMENT OF 1996B G.O. WATER REVENUE BOND WHEREAS, a transfer was budgeted in 2005 to the Water Operating Fund from the Area and Unit Fund to cover principal and interest on the 1996B G.O. Water Revenue Bonds due in 2005, and WHEREAS, it is staffs recommendation that this transfer be completed effective December 31, 2005. NOW, THEREFORE BE IT RESOLVED by the City Council of Lino Lakes, that the following transfer be authorized and recorded effective December 31, 2005: Increase Decrease Water Operating Fund (601) $304,195 Area and Unit Fund (406) $304,195 Adopted by the City Council of Lino Lakes this 12th day of December, 2005. John Bergeson, Mayor Julianne Bartell, City Clerk CONSENT AGENDA ITEM 1 D STAFF ORIGINATOR Al Rolek MEETING DATE 12/12/05 TOPIC Resolution No. 05 -189 Authorizing the Transfer of Funds from the Area and Unit Fund to the 1998A G.O. Improvement Bond Debt Service Fund VOTE REQUIRED Simple Majority BACKGROUND The 1998A Debt Service Fund was established to service the debt on the 1997 and 1998 improvement projects. The debt was to be retired using special assessments to benefited properties and resources of the Area and Unit Fund. This fund is currently in a deficit situation. Resolution 05 -189 would transfer the necessary funds from the Area and Unit Fund to eliminate this deficit. The amount of the transfer is $375,000. It is staff's recommendation that the City Council approve Resolution 05 -189 authorizing this transfer. OPTIONS 1. Adopt Resolution 05 -189 Transferring funds from the Area and Unit fund to the 1998A G.O. Improvement Bond fund to eliminate the deficit. 2. Refer back to Staff for further consideration. 3. Deny Resolution 05 -189. RECOMMENDATION Option 1 - 2 2 - CITY OF LINO LAKES RESOLUTION NO. 05 -189 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE AREA AND UNIT FUND TO THE 1998A G.O. IMPROVEMENT BOND DEBT SERVICE FUND WHEREAS, The 1998A Bond Debt Service Fund has a deficit balance, and WHEREAS, these bonds were originally sold to finance 1997 and 1998 Construction Projects, and WHEREAS, resources of the Area and Unit Fund were pledged toward the retirement of the 1998A Bond issue. NOW THEREFORE BE IT RESOLVED, that the following transfer be adopted: Increase Decrease Imp. Bonds 1998A (318) $375,000 Area and Unit Fund (406) $375,000 Adopted by the City Council of Lino Lakes this 12th day of December, 2005. John Bergeson, Mayor Julianne Bartell, City Clerk CONSENT AGENDA ITEM 1 E STAFF ORIGINATOR Al Rolek MEETING DATE 12/12/05 TOPIC Resolution No. 05 -190 Authorizing the Transfer of Funds from the Area And Unit Fund to the 1999A G.O. Improvement Bond Debt Service Fund VOTE REQUIRED Simple Majority BACKGROUND Each year a transfer is made into the 1999A Bond Fund to cover the deficit balance. These bonds were originally sold to finance the West Central Trunk. In 1995, funds were transferred to the Area and Unit Fund from TIF funds to defray the cost of the trunk. The transfer is to cover the fund balance deficit. The amount of the transfer is $383,000. OPTIONS 1. Adopt Resolution 05 -190 transferring funds from the Area and Unit fund to the 1999A G.O. Improvement Bond fund. 2. Refer back to Staff for further consideration. 3. Deny Resolution 05 -190. RECOMMENDATION Option 1. -24- CITY OF LINO LAKES RESOLUTION NO. 05 -190 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE AREA AND UNIT FUND TO THE 1999A G.O. IMPROVEMENT BOND DEBT SERVICE FUND WHEREAS, The 1999A Bond Debt Service Fund has a deficit balance, and WHEREAS, these bonds were originally sold to finance the West Central Trunk, and WHEREAS, resources of the Area and Unit Fund were pledged toward the retirement of the 1999A Bond issue, and WHEREAS, a transfer is made annually from the Area and Unit Fund to the 1999A Bond Debt Service Fund to cover debt service payments. NOW THEREFORE BE IT RESOLVED, that the following transfer be adopted: Increase Decrease Imp. Bonds 1999A (320) $383,000 Area and Unit Fund (406) $383,000 Adopted by the City Council of Lino Lakes this 12th day of December, 2005. John Bergeson, Mayor Julianne Bartell, City Clerk AGENDA ITEM 3 A STAFF MEMBER Daniel Tesch, Director of Administration DATE 12 December 2005 SUBJECT Promotion VOTE REQUIRED 3/5 BACKGROUND The departure of Steve Mortensen left a vacancy within the rank of Sergeant. An internal posting produced a number of applicants. Personnel Decisions International prepared a promotional process including a background and experience evaluation, written test, oral interview and a promotablity index. After testing and interviewing, we have selected Officer Kelly McCarthy for the position of Sergeant. This will be effective immediately. Kelly has been with the department since August of 1999. OPTIONS 1. Offer the position of Sergeant to Kelly McCarthy. 2. Deny the promotion. RECOMMENDATION Number One. AGENDA ITEM 3B STAFF ORIGNINATOR: Gordon Heitke, City Administrator MEETING DATE: December 12, 2005 TOPIC: Resolution No. 05 -199 Approving Leave Donation Program VOTE REQUIRED: 3/5 BACKGROUND The City of Lino Lakes recognizes that a catastrophic illness or injury of an employee or immediate family member may deplete an employee's available paid leave. The City Council determined that it was in the best interest of the City and its employees to prepare a policy and program to allow for the donation of accrued leave by employees to a fellow employee who is experiencing a catastrophic illness or injury and has depleted all available paid leave. This donation of leave minimizes or alleviates additional challenges to the employee attributable to financial hardship from the loss of wages. The Council reviewed a draft policy and program for the donation of accrued leave at its November 22, 2005 work session. The program sets forth eligibility requirements, program conditions, and administrative procedures. Staff was directed to place the proposed policy on the December 12, 2005 Council agenda for action. OPTIONS 1. Approve Resolution No. 05 -199 Approving a Leave Donation Program for the City of Lino Lakes. 2. Return to staff with direction. RECOMMENDATION Option 1 ATTACHMENTS 1. Resolution No. 05 -199. 2. Leave Donation Program ai CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 05-199 RESOLUTION APPROVING LEAVE DONATION PROGRAM FOR THE CITY OF LINO LAKES WHEREAS, the City of Lino Lakes is an employer which has an organizational commitment to the care and support of its employees, and WHEREAS, a catastrophic illness or injury of an employee or immediate family member may deplete an employee's available paid leave, and WHEREAS, it would benefit the employee and the City to allow for an extended, but reasonable recovery time, and WHEREAS, a program is needed through which fellow city employees may voluntarily donate a portion of their accrued leave to another employee who has exhausted all paid leave due to the experience of a catastrophic illness or injury. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA that the Lino Lakes City Council hereby approves a Leave Donation Program for the City of Lino Lakes. Adopted by the Lino Lakes City Council this 12th day of December, 2005 Julianne Bartell, City Clerk John J. Bergeson, Mayor �K A LEAVE DONATION PROGRAM PROGRAM RATIONALE The City of Lino Lakes is an employer which has an organizational commitment to the care and support of its employees. This commitment has been illustrated by the providing of accrued sick and vacation time, as well as funeral leave. Additionally, the City provides long term disability insurance to those who may require it during their tenure with the City. Even with the availability of these benefits, a situation may occur wherein an employee expends all accrued leave balances due to a catastrophic illness or injury before recovery is possible and the need for long term disability benefits does not yet exist. In these cases, it would benefit the employee and the City to have a policy that would allow for an extended but reasonable recovery time through the donation of accrued leave by fellow employees that would be transferred to the leave balance of the employee in need. This program would allow an employee in need who otherwise meets the criteria set forth in this policy to extend their leave balance and therefore have additional time for recovery, without the financial hardship of loss of wages. This program is not be designed as an indefinite extension of any person's employment with the City or as a substitute for long term disability benefits. It instead only applies in those cases where a person suffers from a catastrophic illness or injury that does not qualify the employee for worker's compensation benefits, long -term disability benefits are unavailable, and the employee's complete recovery is reasonably expected within a time frame beneficial to the City of Lino Lakes. POLICY The City of Lino Lakes recognizes that a catastrophic illness or injury of an employee or immediate family member may deplete an employee's available paid leave (sick/vacation/ compensatory time). A "catastrophic illness or injury" is one that is expected to incapacitate the employee or family member for an extended period of time and may include, but is not limited to, heart attack, stroke, organ transplant, cancer, life threatening illness or condition, etc. The determination of a catastrophic illness or injury shall be based on a physician's diagnosis and information regarding its expected duration. A death in the immediate family hall also be considered a catastrophic event and be subject to this policy. "Immediate family" is defined as the employee's spouse, domestic partner, parent, or the employee's minor children. This policy is to establish the procedure through which eligible fellow city employees may voluntarily donate a portion of their accrued vacation, sick leave, and or compensatory time balance to be used by another employee who has exhausted all forms of paid leave due to the experience of a catastrophic illness or injury. 1 $ PROGRAM ELIGIBILITY All exempt and non - exempt, bargaining unit and non -union employees, which are benefit - eligible regular employees may participate in the Leave Donation Program as a leave donor or recipient. Requests to receive leave through the Leave Donation Program will be accepted only for individuals who are experiencing a catastrophic illness or injury, and who are within one pay period of depleting all accrued paid leave, and are expected to be absent from work for more than five (5) scheduled working days after exhausting all paid leave. Employees receiving Worker's Compensation benefits from a City related injury or illness, are not eligible to receive donations. Employees shall not be eligible to participate in the Leave Donation Program while on probationary status. To be eligible to donate leave time to another employee, the donating employee shall maintain a minimum leave balance as set forth in this policy. PROGRAM CONDITIONS The terms and conditions governing the Leave Donation Program are as follows: Leave Recipient Conditions: • An employee is only eligible to receive donated leave for time lost from normal work hours and only to make them financially whole. • Recipients must provide documentation to the Director of Administrative Services from a treating physician regarding the illness or injury, inability perform work duties, and the expected duration of the condition. • Recipients of donated leave shall use leave in whole days while off work. Employees may be eligible for donated leave in full hour increments when not medically cleared to return to work on an unrestricted basis. • Donated leave will not be applied to absences before the date on which the employee is determined to be eligible to receive leave under this program. • No employee will be allowed to receive more than a total of fifty (50) work days or 400 hours, whichever is the lesser of donated leave for any single major life threatening disease or condition. This cap is pro -rated for part-time donation requesters based on full -time equivalency status. • An employee is eligible to receive donations of vacation, sick leave, and or compensatory time from other employees one time per a twelve (12) month period, upon approval by the City Administrator. • Eligible employees may receive donated leave up to five (5) days in the case of a death in the immediate family. 2 c. • No employee who has historically utilized sick leave in a manner of maintaining a minimal accrual balance, or has previously been warned or received other discipline for abuse of his/her sick leave will be eligible to receive donations. • No employee will be eligible to receive donations when the illness or injury results from self - infliction or illegal drug use. • Nothing in this policy will be construed to limit or extend the maximum allowable absence under the Family Medical Leave Act (FMLA). Leave Donor Conditions: • The donation of accrued leave time must be in whole hours, with a minimum of eight (8) hours per employee donating leave hours. Contributions into the Leave Donation Program can be made only to the extent that there a minimum balance of eighty (80) hours of sick leave remaining and forty (40) hours of vacation leave remaining within the donating employee's leave account. • An employee may donate no more than ten (10) percent of accumulated sick leave per calendar year or no more than forty (40) hours of leave of sick leave per calendar year, whichever is the lesser amount. • Participation within the Leave Donation Program by employees will be completely voluntary. No City employee shall pressure or otherwise attempt to influence another City employee to donate or not donate vacation, sick leave, and or compensatory time. Persons donating leave shall adhere to the confidentiality requirement set forth within the Leave Donation Form. Donations will remain anonymous to the recipient and other employees and shall only be known to staff administering this program. No provisions of this policy, or its administration, shall be subject to review under the grievance or arbitration provisions of any collective bargaining agreement. ADMINISTRATIVE PROCEDURES 1. Any benefit- eligible regular employee may request to participate in this program. He /she should contact the Director of Administrative Services to obtain the "Donated Leave Request Form ". If the employee is physically unable to apply, a member of the applicant's family may apply on his/her behalf. 2. The application to receive donated leave shall be submitted to the Director of Administrative Services and will be reviewed for eligibility. 3. Appropriate documentation concerning the nature, severity, and anticipated duration of the medical condition is required with the Donated Leave Request Form. 4. The Director of Administrative Services will verify the eligibility of the employee requesting donated leave. 3 a`Lb 5. Upon determination that the requesting employee is eligible for donated leave, the Director of Administrative Services will notify employees only of the person's name and estimated days of leave needed. The notification shall not include confidential medical information. The notification process shall not include soliciting the donation of leave for any prospective recipient. 6. Employees wishing to donate accrued leave to an employee requesting additional leave shall submit a Leave Donation Authorization Form to the Director of Administrative Services. 7. As a recipient of the Leave Donation Program, wages shall be limited to the amount equal to that individual's regular gross earnings per pay period (i.e. his/her current hourly base pay rate multiplied by his/her regularly scheduled hours of work per pay period). 8. Transfers of leave hours will be on an hour -by -hour basis; each hour of donor leave will be credited as an hour of leave for the recipient, regardless of any differences in pay levels. 9. The Finance Department (as part of the payroll function) will subtract surrendered leave from the donor's accumulated balance and credit the donated hours to the receiving employee's sick leave balance. 10. Once donated time has been transferred to the eligible employee, neither the donor nor the eligible employee may revoke the transaction, even if it has not yet been paid. 11. Donated leave hours will be processed in the order of the date on the Leave Donation Program Authorization Form, with the earliest date processed first. Unused donated leave in excess of eight (8) hours will be returned to the donor. If there are multiple donors, the excess leave will be returned on a prorata basis according to the amounts donated. Excess hours of donated leave will be held until the following pay period(s) and processed at that time. 12. An employee may only use donated leave up to the time of eligibility for the long term disability benefit (if applicable), or for the maximum number of days allowed to be donated, whichever comes first. 13. Donation of sick leave will not be allowed once an employee is judged to be disabled by the major medical condition and will not be returning to work, as determined by the long term disability insurance provider and/or the Social Security Administration. 14. Donated leave recipients shall, while using donated leave time, accrue sick leave and vacation time. All paid leave accrued during the absence shall be utilized prior to the using donated leave. Recipients shall be entitled to retain eight (8) hours of donated leave upon return to work. All retained donated leave shall be credited to the recipient's sick leave balance. 4 15. Donated vacation, sick leave, and or compensatory time cannot be used for severance pay, deposited into a sick leave bank, paid out to an employee in the form of cash, or used in any other manner other than what is stated in this section of the policy. 16. Under a similar program, the IRS has ruled that these payments are to be considered wages, and therefore taxable income to the recipient. As a result, the payments will be included in the annual Form W -2 prepared for the recipient and State and Federal income tax and FICA/Medicare tax and Supplemental Retirement contributions, depending on the eligibility of the recipient, will be withheld by the City at the time of payment. The IRS has also ruled that the employee surrendering the leave realizes no income and incurs no tax deductible expense or loss, either upon surrender of leave or payment to the recipient. PROGRAM EXCEPTIONS Exceptions to these requirements will be approved by the City Administrator in rare and unusual circumstances. The City Administrator shall have the right to deny or limit the donation of leave or use of donated leave if it is determined to be in the best interests of the City of Lino Lakes. PROGRAM PARAMETERS As with any City policy, the City reserves the right to modify or discontinue this policy at any time, with or without notice to the employees of the City of Lino Lakes. This program will not be considered or construed as an earned benefit or right of any employee of the City and will be administered as an optional relief in circumstances clearly beneficial to the City. No employee will be guaranteed access to donated leave and any employee may be denied access based on the administrative discretion of the City of Lino Lakes. CONFIDENTIALITY All information provided in leave donation request applications, leave donation forms, verification of medical conditions, and additional related information is confidential. 5 AGENDA ITEM 4A STAFF ORIGINATOR David J Pecchia, Public Safety Director /Chief of Police DATE December 12, 2005 TOPIC Consideration to Approve Resolution No. 05 -191 allowing the Lino Lakes Police Department to participate in the Safe and Sober project VOTED REQUIRED Simple Majority I I BACKGROUND 1 The Minnesota Department of Public Safety, Office of Traffic Safety has once again awarded a grant for the Anoka County law enforcement agencies to participate in their Safe and Sober project for the period of October 1, 2005 through September 30, 2006. The Anoka County Sheriff's Department was designated to execute such agreements and amendments as are necessary to implement the project on behalf of the Lino. Lakes Police Department. Resolution #05 -191 allows the City of Lino Lakes to promote the Safe & Sober Communities initiative. I I OPTIONS I I 1. Approve Resolution 05 - 191. 2. Return to staff for further consideration. I I RECOMMENDATION I I 1. Approve and sign. -28- Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 05- 191 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that the City of Lino Lakes enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled Safe and Sober Communities during the period from October 1, 2005 through September 30, 2006. The Anoka County Sheriff's Office is hereby authorized to execute such agreements and amendments, as are necessary to implement the project on behalf of the City of Lino Lakes and to be the fiscal agent and administer the grant. I certify that the above resolution was adopted by the City Council of the City of Lino Lakes on December 12, 2005. John Bergeson, Mayor Julianne Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. I 1 BACKGROUND 1 I I OPTIONS L_ I AGENDA ITEM 4B STAFF ORIGINATOR David J Pecchia, Public Safety Director /Chief of Police DATE December 12, 2005 TOPIC Consideration to Approve Resolution No. 05 -192 accepting Neighborhood Heroes Grant from Wal -Mart VOTED REQUIRED Simple Majority Wal -Mart of Blaine awarded the Lino Lakes Police Department with the annual Neighborhood Heroes Grant in memory of Officer Shawn Silvera. The monies will be used to defray expenses associated with the funeral. 1. Approve Resolution 05 - 192. 2. Return to staff for further consideration. (RECOMMENDATION 1 1. Approve and sign. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 05 - 192 RESOLUTION ACCEPTING DONATION FROM WAL -MART TO DEFRAY EXPENSES ASSOCIATED WITH THE FUNERAL EXPENSES OF THE IN THE LINE OF DUTY DEATH OF OFFICER SHAWN SILVERA WHEREAS, Wal -Mart annually awards a Neighborhood Heroes Grant to a Public Safety entity who demonstrates exemplary performance within the community; WHEREAS, the grant was given on behalf of Officer Shawn Silvera who gave his life in the line of duty protecting others from harm; and WHEREAS, the monies will be appropriated to the General Fund in the following manner: Increase Police Revenue $2000.00 (101- 420 - 4330 -000 Travel & Tuition) NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council members, do hereby accept the Neighborhood Heroes Grant in the amount of $2,000 to defray the costs associated with the in the line of duty death of Officer Shawn Silvera. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 12th day of December, 2005. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. I I BACKGROUND l I I I OPTIONS I I AGENDA ITEM 4C STAFF ORIGINATOR David J Pecchia, Public Safety Director /Chief of Police DATE December 12, 2005 TOPIC Consideration to Approve Resolution No. 05 -193 designating police department drug forfeiture funds to reimburse the Employee Computer Purchase program VOTED REQUIRED Simple Majority Deceased Officer Shawn Silvera purchased a computer through the City of Lino Lakes Computer Purchase Program and there is an outstanding balance of $2,244.68 owed on this computer. Resolution #05 -193 requests that monies be taken from the police department drug forfeiture fund to reimburse the City of Lino Lakes Employee Computer Purchase program. 1. Approve Resolution 05 - 193. 2. Return to staff for further consideration. I I RECOMMENDATION 1 1. Approve and sign. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 05 - 193 RESOLUTION TO REIMBURSE CITY FOR MURDERED OFFICER SHAWN SILVERA'S COMPUTER PURCHASED THROUGH THE CITY OF LINO LAKES EMPLOYEE PURCHASE PROGRAM WHEREAS, Deceased Officer Shawn Silvera purchased, through the City of Lino Lakes Computer Purchase Program a computer system for personal use, in compliance with this program, which shows an outstanding balance of $2,244.68; and WHEREAS, Deceased Officer Shawn Silvera was murdered in the line of duty while serving the citizens of Lino Lakes on September 6, 2005; and WHEREAS, the City of Lino Lakes Administration demands reimbursement for this outstanding debt or the return of the computer from the widow; and WHEREAS, the Lino Lakes Police Department Administration deems this as inappropriate to expect the widow to return said computer, WHEREAS, the police department administration is requesting the Lino Lakes City Council to reimburse the city employee computer purchase program budget by $2,244.68 from the police department's drug forfeiture fund in the amount of $2,244.68; and WHEREAS, the monies will be appropriated to the General Fund in the following manner: Decrease Police Drug Forfeiture Fund $2,244.68 Increase City Employee Computer Purchase Program $2,244.68 NOW, THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council members, do hereby approve the request to decrease police drug forfeiture funds to reimburse the City Employee Computer Purchase Program funds. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 12th day of December, 2005. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. AGENDA ITEM 6.A. STAFF ORIGINATOR: . Paul Bengtson C. C. MEETING DATE: December 12, 2005 TOPIC: Pine Glen, page 1 Second Reading, Ordinance 13 -05: Rezoning certain real estate from R (Rural), R -X (Rural Executive), and GB (General Business) to R -1X (Single Family Executive) and GB (General Business). VOTE: 3/5 BACKGROUND The City Council approved the first reading of this ordinance on November 28tH This rezoning was requested as part of the proposed Pine Glen development that will consist of 72 residential lots and 2 commercial lots. The City Council approved the Preliminary Plat and MUSA allocation for the project via Resolution 05 -182 on November 28t . The Planning & Zoning Board held a public hearing on this rezoning on August 10th and recommended approval on September 14th. OPTIONS 1. Approve the second reading of Ordinance 13 -05. 2. Return to staff with direction RECOMMENDATION Option 1 Pine Glen, page 2 CITY OF LINO LAKES ORDINANCE NO. 13 -05 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM R, RURAL; R -X, RURAL EXECUTIVE; AND GB, GENERAL BUSINESS TO R -1X, SINGLE FAMILY EXECUTIVE AND GB, GENERAL BUSINESS. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: SECTION 1. FINDINGS The City Council makes the following findings regarding the application for rezoning the property described below, based on the factors listed in Section 2, Subd.1 E of the Lino Lakes zoning ordinance: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan, as the site is guided for commercial and low density sewered residential. 2. The proposed use is or will be compatible with present and future land uses of the area. The site is guided for commercial and low density residential. Land in the area of the site is already developed with commercial uses and single family residential. Subject to the conditions of the preliminary plat approval the site is compatible with existing commercial and residential uses as well as future commercial and residential. 3. The proposed use conforms to all performance standards contained within the city's zoning ordinance. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. 5. Traffic generation by the proposed use is within capabilities of streets serving the property in conjunction with the public improvements proposed. The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 is hereby amended by rezoning from R -X, Rural Executive to GB, General Business District pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: EXHIBIT A Pine Glen, page 3 The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 is hereby amended by rezoning from R, Rural and R -X, Rural Executive to R -1X, Single Family Executive pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: EXHIBIT B SECTION 2. As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. SECTION 3. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the Lino Lakes City Council this 12th day of December, 2005 John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk Pine Glen, page 4 EXHIBIT A Attach Legal Description EXHIBIT B Attach Legal Description CITY OF LINO LAKES - 3 9 - STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 6B Michael Grochala December 12, 2005 Consideration of Resolution No. 05 -196 Approving Memorandum of Understanding with Anoka County for the Reconstruction of CSAH 14 — I35W to 135E. ACTION REQUIRED: Simple Majority BACKGROUND Anoka County has completed the preliminary plans for the improvement of County State Aid Highway 14 (Main Street) from I -35W to I -35E and is beginning the final design process. Anoka County is requesting City approval of a Memorandum of Understanding (MOU). The purpose of the MOU is to reach general agreement between the parties regarding the project parameters. A copy of the MOU is attached for your review. General. The intent of the agreement is to establish a baseline of parameters prior to completing the project final design. The MOU establishes the project scope, anticipated improvements and responsibilities of the local jurisdictions (Anoka County, City of Centerville, and Lino Lakes). Upon approval of the MOU, any substantial departures from the accepted preliminary plan may necessitate changes in funding participation. Intersection. Improvements to the intersections of Woodland Drive and 21st Avenue are proposed with the project. Woodland Avenue will retain full access. Both right and left turn lanes are proposed at this intersection. The 21St Avenue intersection straddles the corporate limits of Lino Lakes and Centerville. The intersection is located approximately 750 feet from the existing I -35E ramps. The design of the intersection is impacted by the future improvement of the CSAH 14/1 -35E interchange as well as future traffic projections. The conceptual interchange layout, prepared by the Minnesota Department of Transportation (Mn /DOT), includes a loop in the northwest quadrant of the interchange which places the existing southbound I -35E off ramp approximately 500 feet from the 21st Avenue intersection. Because of the limited intersection spacing and projected traffic volumes it is unlikely City Council MOU Anoka County December 12, 2005 that a full access at 21st Avenue can be maintained without greatly impacting future traffic operations. Anoka County originally proposed a median across the 21St Avenue intersection which would limit access on both sides of CSAH 14 to right -in, right out movements. Due to concern from adjacent businesses the County is now proposing a 3/4 intersection that would allow right -in, right -out and left -in turning movements. Additionally, Anoka County has refined the conceptual interchange layout to include direct access to parcels south of main street from a new local street opposite the I -35E off - ramps. This will be achieved with the future reconstruction of the I -35E Interchange. From staffs perspective, the issue over the intersection spacing is valid. Given the potential for development north and south of CSAH 14, a full access at 21St Avenue, could lead to operational problems along CSAH 14 in the future. The proposed 3/4 intersection provides for the majority of turning movements and coupled with a "backage road" between 20th Avenue and 21st Avenue would resolve many of the impacts to existing businesses. The revised interchange plan addresses these issues. Right -of -Way. Anoka County will be responsible for acquiring all right -of -way and easements for the project. The City is only responsible for acquisition relating to improvements outside of the existing project limits. The City may need to acquire utility easements along 21st Avenue, north of Main Street for water and sanitary sewer trunk mains. Any special assessment searches required for the project will be performed at no cost to the county. Bituminous Trail. A bituminous trail is included as part of the project from I -35W to 1 -35E. The trail is eligible for federal funds and all matching funds will be contributed by the City for those portions within Lino Lakes. Funding for the City's portion of the trail will come from our Municipal State Aid Street account. Anoka County has agreed to apply for funds throught the Metro Parks Trail Program for possible partial reimbursement to the City after construction. Traffic Control. CSAH 14 will be closed within the regional park and traffic detoured during construction of the Rice Creek Bridge and areas requiring soil corrections. The closure will be limited to the time necessary to make these improvements. Driveways. All existing driveways throughout the project area will be replaced in kind. Any upgrades will be the responsibility of the City. (No upgrades are anticipated). City Council MOU Anoka County December 12, 2005 Landscaping /Streetscaping. Any landscaping or streetscaping features must be designed in accordance with the Anoka County Landscape /Streetscape guidelines. All design and construction costs will be the responsibility of the City. Staff is not proposing any landscaping or streetscaping design with this project. Utilities. The City is responsible for the cost and design of any proposed utility improvements. Trunk sanitary sewer and water main currently exist under CSAH 14 at 21st Avenue. The City will need to extend these northerly to a point outside the proposed improvements. Permits. The County is responsible for all permits necessary for the project. The city will be responsible for permits outside the project scope i.e., utility extensions. RECOMMENDATION Overall the MOU is consistent with anticipated impacts of the project. The only significant issue is the design of the 21St Avenue intersection. CSAH 14 is a major east - west corridor through Anoka County. Insuring an adequate transportation system through the I -35E corridor is critical to promoting new economic development opportunities as well as maintaining existing ones. The City has previously taken the lead in planning a transportation system that will provide long term benefits. In 1998 the City worked with Anoka County to realign Otter Lake Road and limit access to Main Street to avoid the problems now being experienced at the 21st Avenue intersection. The proposed I -35E Interchange layout adequately addresses future access to the properties lying south of Main Street. The City's estimated share of the $14.7 million project is $418,389. Staff is recommending approval of the Memorandum of Understanding with Anoka County. ATTACHMENTS 1. Resolution No. 05 -196 2. Memorandum of Understanding -42- City Council MOU Anoka County December 12, 2005 CITY OF LINO LAKES RESOLUTION NO. 05 -196 RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING WITH COUNTY OF ANOKA COUNTY STATE AID HIGHWAY 14 RECONSTRUCTION PROJECT WHEREAS, Anoka County is proposing to reconstruct County State Aid Highway No. 14 (Main Street) from I -35W to I -35E; 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 roadway in accordance with the preliminary layout dated July 29, 2005; and WHEREAS, the purpose of the Memorandum of Understaning is to reach general agreement between the parties regarding the project parameters. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. that the City Council hereby approves the Memorandum of Understanding with the County of Anoka for the reconstruction of County State Aid Highway No. 14 (Main Street) from I -35W to I -35E and authorizes execution of said agreement. Adopted by the Lino Lakes City Council this 12th day of December, 2005. ATTEST: Julianne Bartell, City Clerk John J. Bergeson, Mayor DATED November 29, 2005 MEMORANDUM OF UNDERSTANDING FOR THE RECONSTRUCTION OF COUNTY STATE AID HIGHWAY 14 (MAIN STREET) BETWEEN I -35 W AND I -35 E IN THE CITIES OF CENTERVILLE AND LINO LAKES, MINNESOTA (S.P. 02- 614 -24) This Memorandum of Understanding (MOU) is between the County of Anoka, State of Minnesota, a political subdivision of the State of Minnesota, 2100 Third Avenue North, Anoka, Minnesota, 55303, hereinafter referred to as "County ", and the City of Lino Lakes, a municipal corporation under the laws of the State of Minnesota, 600 Town Center Parkway, Lino Lakes, Minnesota 55014 hereinafter referred to as the "City". The parties to this MOU agree in principle that construction of County State Project No. 02- 614 -24 referred to as the "Project" is in the best interest of the traveling public and that the Preliminary Layout as shown in Exhibit "A" defines the design of the Project. It is agreed that the Exhibit "A" Layout dated July 29, 2005 has been reviewed and accepted by the parties except as identified in this MOU and is suitable for preparation of final construction documents. Any significant changes made hereafter to the design as presented in the Exhibit "A" Layout will require approval by the parties as an amendment to this MOU or addressed in a separate Joint Powers Agreement (JPA) that will formalize this MOU. These same changes will require a change in the cost share to include any additional design engineering cost that may occur. INTERSECTIONS: As agreed by the parties, improvements to following City Street intersection have been incorporated in the Exhibit "A" Layout design: 1. Woodlland Drive 2. 21" Avenue N It is understood that future improvements may be required at the CSAH 14 and 21" Avenue N intersection to accommodate improvements for the future interchange at I -35 E. It is understood that future improvements will need to be made to CSAH 21 and County Road 54 in the future as development occurs. Improvements may include but are not limited to: turn lanes, through lanes, extension of concrete medians. The parties will meet jointly to consider any future improvements. The costs of these improvements will be determined at the time of construction and may be shared by the County, City and Developer. The intersection at 21' Avenue N will be limited to a % access condition (for 21" Ave., intersection will allow right in, right out, left in, but no left out) until the interchange at I -35E is reconstructed or development in the area desires to connect to Main Street at 21' Avenue N. and is expected to produce an unacceptable level of service (LOS F) on Main Street. Flap - "A" attached to the layout presents how access to Main Street is anticipated to be achieved in the future upon completion of the I -35E interchange. .1:IProjectslCSAH 14ILino Lakes02- 614- 24MOU.doc Page 1 of 4 - 4 4 - RIGHT OF WAY: The parties agree that the County will acquire all necessary right -of -way and easements for the Project. Acquisition of any additional right -of -way and /or easements needed for the improvements to the City street intersections beyond what is defined in the Exhibit "A" Layout will be the responsibility of the City. The parties agree that parcels required for the project that are owned by the City will be conveyed to the County at no cost to the County. It is agreed by the parties that the City shall perforn all special assessment searches required for the Project at no cost to the County. It is agreed by the parties that all necessary right of way and easements will be in legal possession of the County prior to acceptance of bids for the project. BITUMINOUS TRAIL AND CONCRETE SIDEWALK: The parties agree that the construction of the bituminous trail and concrete sidewalk are eligible for federal funds and that all matching funds will be contributed by the City. The parties understand that the cost for the trail and walk includes: bituminous and concrete surfacing, aggregate base, sub - drains if required, soil correction, excavation, borrow material (granular and topsoil), and turf establishment. The parties agree that the County will pay for the design of the trail and walk, wetland mitigation required by impacts caused by the trail and walk, the additional right of way and easements required to construct the trail and walk at the proper location, and any removal items, with the exception of soils, required to construct the trail and walk. Anoka County will apply for funds through the Metro Parks Trail Program for possible reimbursement to the City after construction. TRAFFIC SIGNALS: A traffic signal is anticipated at the CSAH 14 /CSAH 21 (20th Avenue N) intersection. The parties agree that the signal will be installed with this project if the warrants are met. TRAFFIC CONTROL: The parties understand and agree that CSAH 14 will be closed with traffic detoured for a period of time to perform soil correction, and construct the new bridge over Rice Creek. The closure will be limited to the period of time required to complete the soil correction and construct two paved lanes in the area requiring soil correction and construct the bridge. DRIVEWAYS: The parties agree that all driveways affected by the Project will be reconstructed in kind with the cost of any upgrades requested by the City including concrete aprons to be the responsibility of the City. Turn- arounds on driveways will be paid for by the County. LANDSCAPING /STREETSCAPING: The parties agree that if the City wishes to include landscaping / streetscape features in the Project, they shall be designed in accordance with Anoka County Highway Department Landscape /Streetscape Guidelines. The cost of the design and construction of these features will be the responsibility of the City. The City shall provide all construction documents including plans, specifications, and estimated quantities and cost to the County for inclusion in the project bid documents. All construction documents must be submitted to the County by April 30, 2006. J: IProjects\CSAH 141Lino Lakes02- 614- 24MOU.doc Page 2 of 4 -45- UTILITIES: The parties agree that the Exhibit "A" Layout does include specific proposed utility locations. The City will be responsible for the design of any sanitary sewer and water main improvements, which will be incorporated in the project bid documents. The cost of the design and construction of these features will be the responsibility of the City. The City's design of the sanitary sewer and water main utilities are to include plans, specifications, and estimated quantities and cost. All construction documents must be submitted to the County by April 30, 2006. PERMITS: The parties agree that the County will secure all necessary permits for this Project. The City agrees to coordinate with the County in securing the permits required by the Rice Creek Watershed District. The City also agrees to secure any permits required for improvements proposed by the City including utilities, and streetscape items. SUMMARY: Upon acceptance and signatures by the parties of this MOU, a separate joint powers agreement for cost share and maintenance will be prepared by the County for execution by the City and the County prior to acceptance of bids for this project. The joint powers agreement to follow will formalize all estimated and actual cost shares. The parties recognize the difficult nature of this project and every effort will be made to reduce the impacts to adjoining properties. Construction work will be staged to continue daily access to the properties that do not have alternate access. In the interim, the attached Exhibit "C" provides an estimate of the construction cost share of the Project and Exhibit "D" outlines County policy for cost splits on construction projects. .1:•IProjects \CSAH 14lLino Lakes02- 614- 24MOU.doc Paae 3 of 4 - 4 6 - COUNTY OF ANOKA CITY OF LINO LAKES By: By: Margaret Langfeld, Chair John Bergeson Anoka County Board Mayor of Commissioners Dated: Dated: ATTEST: By: John "Jay" McLinden Gordon Heitke Anoka County Administrator City Administrator By: Dated: Dated: RECOMMENDED FOR APPROVAL: By: By: Douglas W. Fischer, P.E. Michael Grochala Anoka County Engineer City Community Development Director APPROVED AS TO FORM AND EXECUTION: By: By: Dan Klint Name Assistant Anoka County Attorney J: IProjectslCSAH 14ILino Lakes02- 614- 24MOU.doc Page 4 of 4 - 4 7 - STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 6C Michael Grochala December 12, 2005 Consideration of Resolution No. 05 -197 Approving Joint Powers Agreement with Anoka County for the Improvements of CSAH 14 from I -35E to Elmcrest Avenue ACTION REQUIRED: Simple Majority BACKGROUND Anoka County in cooperation with Washington County, Lino Lakes and Hugo is preparing to award contracts for the reconstruction of County State Aid Highway (CSAH 14) from I -35E to Trunk Highway 61. The project includes the installation of traffic signals at the intersection of CSAH 14 and Otter Lake Road. Construction of the project will begin in spring 2006. The Joint Powers Agreement (JPA) setforth the responsibilities of the city and county as well as the cost sharing for the project. Anoka County has provided a credit of $22,443.40 towards landscaping of the median areas on the project. The City's total share of the $9.3 million project is estimated at $184,078.25. The City's share of project costs will be funded by a combination of state aid and trunk utility funds. RECOMMENDATION Staff is recommending approval of the JPA with Anoka County. ATTACHMENTS 1. Resolution No. 05 -197 2. Joint Powers Agreement City Council JPA Anoka County December 12, 2005 CITY OF LINO LAKES RESOLUTION NO. 05-197 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH COUNTY OF ANOKA COUNTY STATE AID HIGHWAY 14 (I -35E TO ELMCREST) 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 County State Aid Highway No. 14 (Main Street) from I -35E to Elmcrest Avenue; and WHEREAS, said parties mutually agree that Washington County shall cause the construction of County State Aid Highway No. 14 (Main Street); and WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. that the City Council hereby approves the Joint Powers Agreement with the County of Anoka for the reconstruction of County State Aid Highway No. 14 (Main Street) from I -35E to Elmcrest Avenue and authorizes execution of said agreement. Adopted by the Lino Lakes City Council this 12th day of December, 2005. ATTEST: Julianne Bartell, City Clerk John J. Bergeson, Mayor Anoka County Contract No.2005 -0578 JOINT POWERS AGREEMENT FOR THE IMPROVEMENTS OF COUNTY STATE AID HIGHWAY No. 14 (MAIN STREET) FROM INTERSTATE 35E TO ELMCREST AVENUE (COUNTY PROJECT NO. 02- 614 -23) This Agreement made and entered into this day of , by and between the County of Anoka, State of Minnesota, a political subdivision of the State of Minnesota, 2100 Third Avenue North, Anoka, Minnesota 55303, hereinafter referred to as "County ", and the City of Lino Lakes, 600 Town Center Pkwy, Lino Lakes, Minnesota 55014, hereinafter referred to as the "City" WITNES SETH WHEREAS, the parties of this agreement consider it mutually desirable to reconstruct County State Aid Highway No. 14 (Main Street) from I -35E to Elmcrest Avenue to improve the level of service and safety of the intersections included therein; and, WHEREAS, the intersection of County State Aid Highway No. 14 (Main Street) and County Road 84 (Otter Lake Road) has met warrants for a full traffic actuated traffic control signal; and WHEREAS, Anoka County has entered into a joint powers agreement with Washington County for the construction and contract administration of this project; and, WHEREAS, the parties agree that Washington County shall cause the construction of County State Aid Highway No. 14 (Main Street) and, WHEREAS, the Washington County Highway Department has prepared plans and specifications for Project No. S.P. 02- 614 -23 which plans and specifications are dated , and which are on file in the office of the County Engineer; and, WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, WHEREAS, Minnesota Statute 471.59 authorizes political subdivisions of the State to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I. PURPOSE The parties have joined together for the purpose of constructing the roadway, drainage and traffic control system as well as other utilities on portions of County State Aid Highway No. 14 (Main Street) described in the plans and specifications numbered S.P. 02- 614 -23 on file in the office of the Anoka County Highway Department an rl 5 0 inorporated herein by reference. II. METHOD Washington County shall provide all engineering services and shall cause the construction of Anoka County Project No. S.P. 02- 614 -23 in conformance with said plans and specifications. Washington County shall do the calling for all bids and the acceptance of all bid proposals with concurrence by Anoka County. In accordance with the previously executed Joint Powers Agreement, Anoka County shall reimburse Washington County for all construction and engineering costs for both the Anoka County and City shares of this project. III. COSTS The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good faith projections of the costs, which will be incurred for this project. Actual costs may vary and those will be the costs for which the relevant parties will be responsible. The estimated construction cost of the total project (including County furnished materials) is $9,459,305.36. Federal funds available for the Project are capped at $4,044,960.00. The federal funds shall be split based on the ratio of eligible cost incurred by each party to the total eligible project cost. Eligible costs are the costs of items that can participate in federal funding as shown on Exhibit A. Participation in the construction cost is as follows: 1. The City shall provide construction observation for the relocation and reconstruction of their utilities and approve for acceptance the work as it is completed. 2. The City shall pay one hundred percent (100 %) of the hydrant and curb box relocation and gate box adjustment as well as water and sewer relocation and construction. The estimated City cost of these items is $44,445.00. 3. The City shall furnish and deliver to the construction site replacement hydrants for any hydrants, which are being relocated as a part of this project, which they want replaced. 4. The City shall pay one hundred percent (100 %) for the non - participating and non - eligible portion of the storm sewer construction plus a percentage of the eligible portion of storm sewer construction. The non- eligible and eligible portions are defined in the State Hydraulics letter. 5a The estimated cost of the non - participating storm sewer is $0.00 of which the estimated cost to the City is $ 0.00 (100 %). 5b. The cost of the eligible portion will be split between the City, in cities greater than 5,000 population, and County based on the ratio of contributing flow determined by the product of contributing area and runoff coefficient. The estimated percentage of contributing flow from the City is sixteen percent (8 %). The total eligible estimated cost of the storm sewer is $184,102.80 of which the estimated cost to the City is $14,728.22. -51 5c. The total non - eligible estimated cost of the storm sewer is $0.00 of which the estimated cost to the City is $ 0.00 (100 %). 5d. The City shall pay for eight percent (8%) of the cost of detention basins (including ponds and their outlet structures and grit chambers and /or collectors). The City portion of the cost is based on contributing flow to the detention basin determined by the product of contributing area and runoff coefficient. The total estimated cost of the detention basins is included in the cost of the storm sewer construction. - 5. The City shall pay fifty percent (50 %) of the cost of concrete curb and gutter (less median curb and gutter). The estimated total cost of curb and gutter including medians is $68,437.50, of which the City's estimated share is $15,518.00. 6. The City shall pay one hundred percent (100 %) of the cost of decorative median above the cost of concrete median. The City's estimated cost for decorative median is $17,244.00 7. The City shall pay one hundred percent (100 %) of the cost of median plantings. This cost shall include design by a landscape architect, installation of plantings, design/installation of an underground watering system and median widening costs needed to meet the Anoka County Highway Department Landscape /Streetscape Guidelines. The City shall develop and let a separate project to install median plantings. The City's estimated cost for median plantings preperation with the project (02- 614 -23)is $5,791.50. The County shall give a credit of fifty percent (50 %) of the cost for standard concrete median that has been replaced that has been replaced with mediam plantings; The credit shall be $22,443.40 based on 50% of 16,031 square feet of median at $280 /square foot. 8. The City shall pay one hundred percent (100 %) of the cost of new concrete and/or bituminous driveway pavement for all upgraded driveways. The City's estimated cost for driveway pavement is $ 0.00. 9. Any in place driveway pavement disrupted by the construction will be replaced in -kind by the County at no cost to the City. 10. The City shall pay for one hundred percent (100 %) of the cost of new sidewalk installed on the project. The estimated cost to the City is $1,167.60. 11. In place concrete walk will be replaced by the County at no cost to the City. 12. The City shall pay one hundred percent (100 %) of the cost of new bituminous trails. This cost includes the additional embankment and borrow work that is necessary to construct the trail. The City's estimated cost for the trail is $94,402.00. 13. The City shall pay one hundred percent (100%) of the cost of any street lighting included in the project. The design and installation of ornamental streetlights shall be in accordance with the County's specifications. The City's estimated cost for street lighting is $ 0.00. -52- 14. The cost split of the signal system at Otter Lake Rd will be based on the future four -legs of which one leg will be the City's. The City shall pay to the County sixty -two point five percent (62.5 %) of the cost of construction and installation of the whole traffic actuated signal system at Otter Lake Rd. (including County supplied materials). The City's . estimated share of the construction is $115,625.00. 15. The City shall pay to the County sixty -two point five percent (62.5 %) of the cost of all construction necessary to upgrade the signal system to include the future fourth leg at Otter Lake Road. The City shall pay one hundred percent (100 %) of all other costs to construct the roadway portion of the future fourth leg. 16. The County shall pay one hundred percent of all interconnect costs. 17. The City shall pay one hundred percent (100 %) of Emergency Vehicle Pre - emption (EVP) costs. The City's estimated share of the construction is $4,500.00. 18. The City shall pay their share of mobilization, computer equipment, field office and mobile telephone as determined by Mn/DOT. The estimated City cost of these items is $11,520.00. 19. The City shall pay their share of detour signing_ and traffic control as determined by Mn/DOT. The estimated City cost of these items is $1,920.00. 21. The total estimated cost to the City for the project is summarized below: 1 Right of Way 2 Construction or Adjustment of Local Utilities 3 Grading, Base and Bituminous 4 Storm Sewer 5 Detention Basins (included in Storm Sewer) 6 Concrete Curb & Gutter 7 Decorative Medians 8 Median Plantings 9 Driveway Upgrades 10 Concrete Sidewalk 11 Trails 12 Street Lights 13 Traffic Signals 14EVP 15 Mobilization, Field Office 16 Traffic Control Total Estimated Share of Construction Cost To Estimated Federal Funds available to the City Total Cost less Federal Funds Credit for Standard Median replacement Total Cost to City - 5 3 - $0.00 $44,445.00 $0.00 $14,728.22 $0.00 $15,518.00 $17,244.00 $5,791.50 $0.00 $1,167.60 $94,402.00 $0.00 $11 5,625.00 $4.500.00 $11,520.00 $1,920.00 The City $326,861.32 $120,339.67 $206,521.65 (522,443.40) $184,078.25 The total estimated construction cost to the City (less Federal Funds) for the project is $206,521.65 as shown on the attached Exhibits A and B. The total estimated cost to the city with a median credit is $184,078.25. The City participation in construction engineering will be at a rate of eight percent (8 %) of their designated share. The estimated cost to the City for construction engineering is $26,148.91. The grand total estimated cost to the City for the project is $210,227.16. Upon award of the contract, the City shall pay to the County, upon written demand by the $1 97,715.80. The City's share of the cost of the project shall include only construction and construction engineering expense and does not include administrative expenses incurred by the County. Upon final completion of the project, the City's share of the construction cost will be based upon actual construction costs. If necessary, adjustments to the initial ninety five percent (95 %) charged will be made in the fouu of credit or additional charges to the City's share. Also, the remaining five percent (5 %) of the City's portion of the construction costs shall be paid. IV. TERM This Agreement shall continue until teinnnated 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 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 disbursements shall be made upon request by either party. VIII. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. The City shall pay its pro rata share of costs which the County incurred prior to such notice of termination. -54 13. EVP Emitter Units may be installed on and used only by Emergency Vehicles responding to an emergency as defined in Minnesota Statutes §169.01, Subdivision 5, and §169.03. The City shall provide a list to the County Engineer, or the County's duly appointed representative, of all such vehicles with emitter units on an annual basis. 14. Malfunctions of the EVP Systems shall be immediately reported to the County. 15. All timing of said EVP Systems shall be deteinlined by the County. 16. In the event said EVP Systems or components are, in the opinion of the County, being misused, or the conditions set forth are violated, and such misuse or violation continues after receipt by the City, written notice thereof from the County, the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receiver, infrared detector heads and indicator lamps and all other components shall become the property of the County. XI. NOTICE For purposes of delivery of any notices hereunder, the notice shall be effective if delivered to the County Administrator of Anoka County 2100 Third Avenue North, Anoka, Minnesota 55303, on behalf of the County, and the City Administrator of Lino Lakes, 600 Town Center Pkwy, Lino Lakes, MN 55014, on behalf of the City XII. INDEMNIFICATION The City and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. XIII.. ENTIRE AGREEMENT REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. -55- 7 IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA CITY OF LINO LAKES By: By: Margaret Langfeld, Chair John Bergeson Anoka County Board of Commissioners City of Lino Lakes Mayor Dated: Dated: ATTEST By: By: John "Jay" McLinden Gordon Heitke Anoka County Administrator City of Lino Lakes Administrator Dated: Dated: RECOMMENDED FOR APPROVAL By: By: Douglas W. Fischer, P.E. Jim Studenski, P.E. Anoka County Engineer City Engineer Dated: Dated: APPROVED AS TO FORM By: By: Dan Klint Assistant Anoka County Attorney City Attorney Dated: Dated: HUGO LOCAL FUNDS 59«»»»»» 888 22g aa» R» a�»»»» o»» 8.88.888888888$8.88,8881I888. R»»»»»» R» 8a»»»»»» R� »R 888888888 » » » »» » »»»R$R .$8.88.888.888.88888.8.88$ »R8 »R » »»»$a » »R »R» 000 § a 2 ! g 2 888888888.8.88888.888.8. 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N »NN »w' 88888.8888,8.88888.88.8888.8$88 »sksRami s28NSsssssass2 s 2 282 8» 0 8888888 »58888. 8 8 8888 88 88888888,8,22 s28de"' . - 3 as N; -a= w N ...... 88 2s 8 8 8 8 8. s 8. 2 88 25 8 s 8 88 22 8 2 28 58 F; 8 8 8 Vi 88. 2s 8 8 8 8 8888 lags 8 8 8 8 8 8 88 88 8 8 8 888 Sn• «5 8 a 88 » Q 28 8 "s. 8 8 9 8 88 8 5 8 8 8 88 8S 98 8. 88 8 8 88 gg 8 . 88 s 8 8 8 8 8 58 9w a 8 8 3' 8 5 s s8 22 88 88 A as 8 . 8 8 5 8 8 8 2 888 828 8 8 88 EE 8 8 5 8 8 av 8 . 8 5 88 8 8 8 s 8 2 82 s 8 s 8 8 8 . 2 s 8 8 8p 8 8 Sa 5 a 8 . 8 5 5 8 s 8 8 888 8 8 8 s s 8 s s 8882.88. -22ti 88 8» 8 °5 8. 8 8 s 8 8 N Q W 5 7 N 8 mU 11 EE Si § gg =1 =i U 6 W W gg 8gU LL } 8 8 8 2 0 Q w C 8 8 8 8 w 8 2 8i O Q 2 3 - x-88888828.188 5585 6 6 WU W 81 §5811 N la Tu z�x y 33 K QWW -60- 888 «88888 5 8 €r 8 8 8 1 8 0 8 vu 33 5 4g g 882;e8a &888825 Vitro C U'25 ggEMB ERA S.P 02- 614 -23 EXHIBIT B COST- SHARING AGREEMENT FOR PROJECTS CONSTRUCTED IN ANOKA COUNTY USING COUNTY STATE AID FUNDS OR LOCAL TAX LEVY DOLLARS ITEMS COUNTY SHARE CITY SHARE Bikeways 0 100% Concrete Curb & Gutter 50% 50% Concrete Sidewalk 0 100% Concrete Sidewalk Replacement 100% 0 Concrete Curb & Gutter for Median Construction 100% 0 Concrete Median 100% 0 *® Construction or. Adjustment of Local Utilities 0 100% Grading, Base and Bituminous 100% 0 Storm Sewer based on state aid letter *© based on state aid letter *© Driveway Upgrades 0 *1 100% Traffic Signals (communities larger than 5,000) 1/2 the cost of its the cost of its legs of legs of the intersection the intersection plus 1/2 the cost of the County legs of the intersection Traffic. Signals (communities less than 5,000) 100% 0 *TM Engineering Services *E *z Right -of -Way 100% 0 *( Street Lights 0 100% *TM *I The County pays for 100% OF A Standard Median Design such as plain concrete. If a local unit of government requests decorati median such as red brick, stamped concrete, or exposed aggregate concrete, the local unit will pay the additional cost above the cost of standard median. In the event no State Aid is being used, or in the event the state aid letter does not determine cost split percentages, drainage cost shares will be computed by the proportion of contributing'fiow outside the County right of way to the total contributing flow In cities less than 5,000 people the County pays for 100% of the cost of the traffic signal effective March 1986. The County collects on behalf of the cities (less than 5,000) "Municipal State Aid Dollars" since they do not themselves qualify for state aid funds. These funds are used to pay the City Share. Engineering shall be paid by the Lead Agency except that any participating agency will pay construction engineering in the amoL of 8% of the construction costs paid by that agency. In the event that the Township or City requests purchase of right -of -way in excess of those right -of -ways required by County construction, the Township or City participates to the extent an agreement can be reached in these properties. For instance, a Township or City may request a sidewalk be constructed alongside a County roadway which would require additional right -of -wE in which case the Township or City may pay for that portion of the right -of -way. Acquisition of right -of -way for new alignments shall be the responsibility of the Township or City in which the alignment is located. This provision may be waived by agreemer with the County Board if the roadway replaces an existing alignment and the local unit of government takes jurisdiction of that existing alignment. In addition, any costs, including right -of -way costs, incurred by the County because a Township or City did acquire sufficient right -of -way during the platting process or redevelopment process shall be paid by the Township or City. The County will replace all driveways in -kind. Upgrades in surfacing (i.e., gravel to bituminous, bituminous to concrete shall be 100% expense to the Township or City). - 61 - 1 AGENDA ITEM 6D STAFF ORIGINATOR: Jim Jacques, TKDA COUNCIL MEETING DATE: December 12, 2005 TOPIC: Resolution No. 05 — 194, Adopting the Surface Water Management Plan Vote Required: Simple Majority BACKGROUND: The City of Lino Lakes was required to prepare a Surface Water Management Plan to meet the requirements for local plans in the Minnesota Statutes, Section 103B.235 and be in conformance with Watershed District, Management Organization, and Metropolitan Council plans. This update is also a requirement as part of the Metropolitan Council's review of the City's Comprehensive Plan. TKDA has completed the Surface Water Management Plan, which received approval from the Metropolitan Council and RCWD on November 22, 2005. There were only minor changes made to the plan based on the comments received from the Metropolitan Council and RCWD. The changes included updating graphs, adding a storm sewer system /outfalls map, and adding a drainage area /flow paths figure. Staff is now requesting that this Plan be adopted by the City Council. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 05 — 194, Adopting the Surface Water Management Plan. 3. Not adopt Resolution Number 05 — 194. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 05 — 194 be adopted. CITY OF LINO LAKES RESOLUTION NO. 05 — 194 RESOLUTION ADOPTING THE SURFACE WATER MANAGEMENT PLAN WHEREAS, in June of 2000, the Rice Creek Watershed District (RCWD) adopted amendments to its surface water management plan under Minnesota Statutes § 103B.231, which, as amended, details the existing physical environment, land use, and development in the watershed and established a plan to manage water and regulate water resource use to improve water quality, prevent flooding and otherwise achieve the goals of Minnesota Statutes Chapters 103B and 103D, AND WHERAS, the June 2000 RCWD Water Management Plan, as amended incorporates the Rules adopted by the RCWD to protect water resources, improve water quality, prevent flooding and otherwise achieve the goals of Minnesota Statutes Chapters 103B and 103D, AND WHEREAS, the City Council directed TKDA to prepare a Surface Water Management Plan pursuant to Minnesota Rules, Chapter 8410, the RCWD Rules and the RCWD Water Resource Management Plan, and to aid the orderly and environmentally protective development of the City, AND WHEREAS, TKDA has completed the Surface Water Management Plan for the City of Lino Lakes, dated December, 2005 that adopts the RCWD Water Management Plan by reference, AND WHEREAS, the Metropolitan Council has received the Surface Water Management Plan section and has provided comments to the RCWD in a letter dated October 7, 2005 and the City and RCWD has fully considered the comments, AND WHEREAS, on November 22, 2005 the RCWD has determined that the Plan meets the requirements for local plan approval set forth in the RCWD Water Management Plan, AND WHEREAS, the City does not wish to assume regulatory authority but, instead, wishes to authorize the RCWD to continue to require permits for the use and development of land, and otherwise exercise its regulatory authority, within the meaning of Minnesota Statutes § 103B.211, subd. 1(1)(3), AND WHEREAS, the ability of RCWD to approve the Plan rests on agreement with the City that the RCWD will continue to exercise its present regulatory authority within those parts of the City where RCVVD has jurisdiction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City of Lino Lakes Surface Water Management Plan dated December, 2005 is approved and adopted as amended, as prepared by TKDA. 2. The Mayor and Deputy Clerk are hereby authorized to fully execute on behalf of the City and mutual agreement with RCWD Board approval, the Memorandum of Understanding establishing implementation responsibilities as between the two bodies. Adopted by the Lino Lakes City Council this 12th day of December, 2005. John J. Bergeson, Mayor Julianne Bartell, City Clerk AGENDA ITEM 6Ei STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: December 12, 2005 TOPIC: Resolution No. 05 — 195, Ordering Improvements and Preparation of Plans and Specifications, Lois Lane Utility Extension VOTE REQUIRED: Simple Majority BACKGROUND: The residents along Lois Lane petitioned for the extension of sanitary sewer and water along Lois Lane. A feasibility study for this proposed project was prepared by TKDA and received at the July 25th, 2005 City Council Meeting. This study revealed a total project cost of $395,762.50. The project will be 100% assessed to the benefiting properties. It was decided at the November 22, 2005 City Council Work Session to defer all future lot assessments. Therefore, the project will be funded partially by special assessments and all deferred lot assessments will be funded by the Trunk Area and Unit Fund. When the future lots are created, they will be assessed at that time. The schedule for this project is as follows: Authorize Plans and Specifications Approve Plans /Specifications and Authorize Ad for Bids Call for Hearing and Declare Cost to be Assessed Hold Hearing and Award Contract Construction Begins December 12, 2005 March, 2005 April, 2005 May, 2005 June, 2005 OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 05 — 195 Ordering Improvements and Preparation of Plans and Specifications for the Lois Lane Utility Extension. 3. Not adopt Resolution No. 05 — 195. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 05 — 195 be adopted. -65- CITY OF LINO LAKES RESOLUTION NO. 05 — 195 RESOLUTION ORDERING IMPROVEMENTS AND THE PREPARATION OF PLANS AND SPECIFICATIONS — LOIS LANE UTILITY EXTENSION WHEREAS, a resolution of the City Council adopted the 25th day of July, 2005, fixed a date for a council hearing on the proposed improvement of Lois Lane from 270 feet west of Country Lane to 320 feet west of Meadow View Trail by extending utilities and replacing the bituminous surface, AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 22nd day of August, 2005, at which all persons desiring to be heard were given an opportunity to be heard thereon, AND WHEREAS, it is proposed to finance the project with special assessments and to have the deferred future lot assessments be paid with the Trunk Area and Unit Fund until those Tots are created, AND WHEREAS, it is proposed to advertise for bids to construct the proposed improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is necessary, cost - effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 12th day of December, 2005, pursuant to a petition of affected property owners. 3. The City Engineer, James E. Studenski, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 4. The City Council declares its official intent to reimburse itself for the costs of the improvements from the proceeds of the tax exempt bond. Adopted by the Lino Lakes City Council this 12th day of December, 2005. John J. Bergeson, Mayor Attest: Julianne Bartell, City Clerk AGENDA ITEM 6Eii STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: December 12, 2005 TOPIC: Resolution No. 05 — 198, Declaring Official Intent to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the City, Lois Lane Utility Extension VOTE REQUIRED: Simple Majority BACKGROUND: The City is required to declare its intent to reimburse project costs from bond proceeds prior to encumbering project costs. This is a non - binding declaration that must take place in order to finance projects in this manner. The Lois Lane Utility Extension may be financed through bond proceeds. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 05 — 198 Declaring Official Intent to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the City for the Lois Lane Utility Extension. 3. Not adopt Resolution No. 05 — 198. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 05 — 198 be adopted. CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 198 DECLARING THE OFFICIAL INTENT OF THE CITY OF LINO LAKES TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150 -2 (the "Reimbursement Regulations ") providing that proceeds of tax - exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City expects to incur certain expenditures that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a tax- exempt bond; WHEREAS, the City has determined to make this declaration of official intent ( "Declaration ") to reimburse certain costs from proceeds of bonds in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES AS FOLLOWS: 1. The City proposes to undertake the Lois Lane Utility Extension. 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of bonds in an estimated maximum principal amount of $395,762.50. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150- 2(d)(3) of the Reimbursement Regulations. 3. This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) "preliminary expenditures" up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the project for which the preliminary expenditures were incurred. The term "preliminary expenditures" includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction. 4. This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the bonds described in paragraph 2 are consistent with the City's budgetary and financial circumstances. No sources other than proceeds of bonds to be issued by the City are, or are reasonably expected to be, reserved, 2 -68- allocated on a long -term basis, or otherwise set aside pursuant to the City's budget or financial policies to pay such Project expenditures. 5. This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. Approved by the City Council of the City of Lino Lakes this 12th day of December, 2005. Attest: Julianne Bartell, City Clerk 3 - 6 9 - CITY OF LINO LAKES, MINNESOTA John J. Bergeson, Mayor ® November 22, 2005 Regarding the minutes of September 8, 2005 Changes to minutes as follow: Line 20 Councilmember Dahl proposed an alternative budget plan that reached an agreement for approval. ele, • a s • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 SPECIAL COUNCIL WORK SESSION SEPTEMBER 8, 2005 DRAFT DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : September 8, 2005 . 6:00 p.m. . 11:55 p.m. : Councilmember Carlson, Dahl, Reinert, Stoltz, and Mayor Bergeson : None Staff members present: City Administrator, Gordon Heitke; Community Development Director, Mike Grochala; Finance Director, Al Rolek; Director of Administration, Dan Tesch; Public Services Director, Rick DeGardner; and Chief of Police, Dave Pecchia Mayor Bergeson advised the meeting is a continuation of the budget meeting of August 30, 2005. At that meeting, the majority of the Council did not want to increase the tax rate so the proposed budget needs to be reduced by $389,000. Each Councilmember was to prepare a list of possible reductions to discuss this evening. Mayor Bergeson stated that he; Councilmember Reinert and Councilmember Stoltz submitted a list. Mayor Bergeson suggested the Council review each list. Finance Director Rolek advised, per Council directive, at the budget work session held on August 30, staff submitted adjustments in three tiers that totaled $500,900. The adjustments were proposed in revenue areas as well as in expenditure areas. The first and second tiers adjusted the budget by $389,258, which would lower the tax levy sufficiently to achieve a level tax rate from 2005 to 2006. The third tier added adjustments of $111,642. After reviewing the staff proposed adjustments, the Council withdrew the following proposals: Total staff adjustments For level tax rate Visioning Process Secretarial Services Trails Total Withdrawn Revised Tier I & II Tier I $122,053 (35,000) (1 8,870) (10,000) (63,870) $ 58,183 1 Tier II Tier III $267,205 $389,258 - (35,000) (18,870) (40,000) (50,000) (40,000) (103,870) $227,205 $285,388 • • • SPECIAL COUNCIL WORK SESSION SEPTEMBER 8, 2005 DRAFT 1 Finance Director Rolek stated it was decided that each Councilmember would review the 2 budget and submit further recommendation for adjustments to get to a level or reduced 3 tax rate by noon on Tuesday, September 6, and that the recommendation would be 4 emailed to all Councilmembers. The following is a recap of staff's interpretation of the 5 Council submissions for additional budget adjustments: 6 7 Mayor Bergeson 8 Visioning $10,000 — Tier I 9 Secretarial Services 18,870 — Tier I 10 Trails 25,000 — Tier II 11 Police Capital Outlay 14,800 — Tier III 12 Personal Svc Recreation 39,000 — Tier III 13 Total Adjustments $107,670 14 15 Councilmember Stoltz 16 Visioning $10,000 — Tier I 17 Secretarial Services 18,870 — Tier I 18 Trails 25,000 — Tier II 19 Personal Svc Recreation 24,000 — Tier III 20 Contingency — to — 0- 25,000 — New 21 Total Adjustments $102,870 22 23 Councilmember Reinert 24 Visioning $10,000 — Tier I 25 Time Savers 18,870 — Tier I 26 All Tier III Except 27 Recreation 72,642 — Tier III 28 Council Salaries 3,000 — New 29 Total Adjustments $104,512 30 31 Finance Director Rolek noted staff received no adjustment list from Councilmember 32 Carlson. Councilmember Dahl indicated she still had too many unanswered questions 33 since the budget work session to submit a list of adjustments. 34 35 Councilmember Reinert suggested that the three submitted budget recommendations be 36 compared, noting areas of agreement and areas of differences discussed for possible 37 compromise. 38 39 Council discussed possible alternative budget reductions in detail. Finance Director 40 Rolek provided additional information on fund balance history, tax capacity, rate history 41 and the Comprehensive Plan policy regarding the future tax rate as requested by 42 Councilmember Carlson. 43 44 Councilmember Carlson referred to the Comprehensive Plan provision that the City's tax 45 rate should be reduced by 20% by the year 2020. Finance Director Rolek stated that was SPECIAL COUNCIL WORK SESSION DRAFT SEPTEMBER 8, 2005 1 probably an unrealistic goal as the Comprehensive Plan was written in the late 1990's and 2 adopted by the City Council in 2001. The tax rate at the time the Comprehensive Plan 3 was adopted was approximately 35.9 %. The next year the state legislature shifted class 4 rates and state aid payments and assumed funding responsibility for general education. 5 As a result, the school district tax rate was reduced significantly and the City tax rate 6 increased to 53.1 %. The result on property owners was a tax reduction for that tax year. 7 8 Councilmember Stoltz inquired about a comparable rate for the Comprehensive Plan, 9 given the shift of funds by the legislature. Finance Director Rolek advised that under the 10 funding and class rate shifts, a tax rate of about 36% would be comparable to the 20% 11 stated in the Comprehensive Plan. Under the new scenario, the City would need to 12 decrease the tax rate about 1% per year to achieve a 36% tax rate in 2020 (53% - 36% = 13 17 %, over an 18 year period). 14 15 Finance Director Rolek noted the City's tax rate for 2005 was 42.223 %, which was well 16 below the projected rate of 49% to achieve a 36% rate by 2020 (2005 -2001 = 4 years. 17 53 %- 4 % =49 %). 18 19 Council discussed the differences in the three recommendations further resulting in a 20 compromised budget plan. Councilmember Dahl proposed an alternative budget plan that 21 reached an agreement for approval. Major differences in the two plans including the 22 funding levels for contracted secretarial services, street maintenance and the construction 23 of new trails. A detailed discussion was held on spending approximately $20,000 per 24 year for contracted meeting minutes and the need for detailed or verbatim minutes. 25 26 Council determined that the costs for contracted minutes for advisory boards would be 27 eliminated, as existing staff will record the minutes. Council meeting minutes would 28 continue to be contracted out. The minutes taken by staff would be in detail for public 29 hearings and if any Councilmember is not satisfied with the detail of public hearing 30 minutes it would be discussed by the Council. 31 32 After further discussion, a compromised budget from the two alternative budget plans 33 was proposed. This proposal consisted of the following cuts: 34 35 Roads $ 47,500 36 Secretarial Services $ 7,200 37 Tier III Parks $ 24,000 38 Contingency Fund $ 14,000 39 Capital Equipment $ 27,000 40 Trails $ 20,000 41 Total Additional Adjustment $139,700 42 First Adjustments $285,388 43 44 TOTAL ADJUSTMENTS $425,088 45 3 • • SPECIAL COUNCIL WORK SESSION SEPTEMBER 8, 2005 DRAFT 1 Given the total adjustments, the tax rate would be reduced from the 2005 rate of 42.223% 2 to an estimated rate of 42.00 %. 3 4 All Councilmembers agreed to support the compromise budget at the regular Council 5 meeting on September 12, 2005, 6:30 p.m. 6 7 The meeting was adjourned at 11:55 p.m. 8 9 These minutes were considered, corrected and approved at the regular Council meeting held on 10 October 10, 2005. 11 12 13 14 15 Acting City Clerk John Bergeson, Mayor 16 17 18 19 Transcribed by: 20 Kim Points 21 TimeSaver Off Site Secretarial, Inc. 22 23 4 AGENDA ITEM 8B STAFF ORIGNINATOR: Gordon Heitke, City Administrator MEETING DATE: December 12, 2005 TOPIC: Request for Resolution Relating to Stadium Financing VOTE REQUIRED: 3/5 BACKGROUND A request was made of the City Council during the "open mike" portion of the November 14, 2005 meeting to pass a resolution related to the proposed legislation for the Anoka County stadium project. The issue was discussed at the November 23, 2005 work session and was placed on the November 28, 2005 agenda at the request of two council members. Action was tabled at this meeting to allow for Anoka County representatives to appear before the Council at the December 7, 2005 work session. Representatives from Anoka County were present at the December 7, 2005 work session and provided an overview of the project and proposed legislation. Representatives proposing and supporting the resolution, which is before the Council for action this evening, were also present and addressed the City Council. OPTIONS 1. Approve Resolution No. 05 -186 Supporting the Requirement of Holding a Referendum for the Funding of a Sports Stadium. 2. Not approve Resolution No. 05 -186. 3. Return to staff with direction. ATTACHMENTS 1. Resolution No. 05 -186. 2. Memo Regarding Recommendation of Lino Lakes Economic Development Advisory Committee 3. Proposed Anoka County Legislation Memorandum To: Mayor and City Council From: Mary Divine Date: 12/02/05 Re: EDAC Recommendation regarding Resolution 05 -186 cc: Gordon Heitke, Mike Grochala EDAC met on Thursday, December 1 and discussed the proposed City Council resolution No. 05 -186 Supporting the Requirement of Holding a Referendum for the Funding of a Sports Stadium. After discussion, the committee unanimously recommended that since this is an Anoka County issue, the City Council should not get involved and that the parties promoting this resolution should submit it to the appropriate governing body. S.F. No. 2062, as introduced - 84th Legislative Session (2005 -2006) Page 1 of 9 Minnesota Senate Legislature Home j Links to the World j Help j Advanced House j Senate 1 Joint Departments and Commissions 1 Bill Search and Status i Statutes, Laws, and Rules KEY: ctrick n - removed, old language. underscored = added, new language. NOTE: If you cannot see a difference in the key above, you can change the display of stricken and underscored text. Authors and Status • List versions S.F. No. 2062, as introduced - 84th Legislative Session (2005 -2006) Posted on Mar 31, 2005 1.1 A bill for an act 1.2 relating to stadiums; providing for the financing of a 1.3 football stadium in Anoka County; creating a stadium 1.4 authority; authorizing the county to levy and collect 1.5 certain taxes; authorizing the sale of bonds; 1.6 appropriating money; amending Minnesota Statutes 2004, 1.7 section 297A.71, by adding a subdivision; proposing 1.8 coding for new law as Minnesota Statutes, chapter 473J. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. Minnesota Statutes 2004, section 297A.71, is 1.11 amended by adding a subdivision to read: 1.12 Subd. 33. [STADIUM CONSTRUCTION MATERIALS AND EQUIPMENT 1.13 EXEMPT.] Materials and supplies used or consumed in, and 1.14 equipment incorporated into the construction of a National 1.15 Football League stadium constructed under chapter 473J are 1.16 exempt. The exemption under this subdivision terminates one 1.17 year after the first National Football League game is played in 1.18 the stadium. 1.19 Sec. 2. [473J.01] [PURPOSE.] 1.20 The legislature finds that construction of a new National 1.21 Football League stadium in the city of Blaine, county of Anoka, 1.22 serves a public purpose. The legislature finds that the public 1.23 purpose served includes retaining the Minnesota Vikings as a 1.24 part of Minnesota's public amenities for its citizens and as a 1.25 major attraction to visitors to the state, adding to the 1.26 economic development of the state, Anoka County, and surrounding 1.27 communities, attracting revenue from out of the state, and 2.1 preserving the contributions of football to the culture of 2.2 Minnesota and to the enjoyment of its citizens. Further, the 2.3 legislature finds that a National Football League stadium may be 2.4 financed as a public - private partnership between the state, 2.5 Anoka County, the Minnesota Vikings, and other supporting 2.6 interests that may contribute to the construction of a football 2.7 stadium and related facilities. The legislature further finds 2.8 that a new stadium should be coordinated with transportation and 2.9 transit plans and activities. 2.10 Sec. 3. [473J.02] [DEFINITIONS.] 2.11 Subdivision 1. [TERMS.] For the purposes of this chapter, 2.12 the terms defined in this section have the meanings given them 2.13 in this section, except as otherwise expressly provided or 2.14 indicated by the context. 2.15 Subd. 2. [AUTHORITY.] "Authority" means the Anoka 2.16 County- Blaine Stadium Authority. 2.17 Subd. 3. [SPORTS FACILITIES.] "Sports facilities" means 2.18 the stadium, adjoining structures related to the operation of 2.19 the stadium, practice facilities, and other supporting 2.20 infrastructure, including parking. 2.21 Subd. 4. [STADIUM DISTRICT.] "Stadium district" means a 2.22 district, containing the National Football League stadium and 2.23 consisting of no more than 740 contiguous acres surrounding the http: / /www. revisor. leg.state.mn.us /bin/bldbill.php ?bill= S2062.0 &session =1s84 12/6/2005 S.F. No. 2062, as introduced - 84th Legislative Session (2005 -2006) Page 2 of 9 2.24 sports facilities that is jointly designated by the authority, 2.25 Anoka County, and the city of Blaine. 2.26 Sec. 4. [473J.03] [LOCATION.] 2.27 The new National Football League stadium shall be located 2.28 in the city of Blaine, Anoka County, Minnesota. 2.29 Sec. 5. [473J.04] [ANOKA COUNTY - BLAINE STADIUM AUTHORITY; 2.30 MEMBERSHIP; ADMINISTRATION.] 2.31 Subdivision 1. [GENERAL.] The Anoka County - Blaine Stadium 2.32 Authority is established and shall be organized and administered 2.33 as provided in this section. The authority shall have those 2.34 powers authorized by section 473J.05. 2.35 Subd. 2. [MEMBERSHIP.] The authority shall have seven 2.36 members, three of whom shall be appointed by the Anoka County 3.1 Board of Commissioners and three of whom shall be appointed by 3.2 the Blaine city council. The seventh member shall be a chair 3.3 appointed as provided in subdivision 3. 3.4 Subd. 3. [CHAIR.] The chair shall be appointed by the 3.5 governor as the seventh voting member and shall meet all the 3.6 qualifications of a member. The chair shall preside at all 3.7 meetings of the authority, if present, and shall perform all 3.8 other duties and functions assigned by the authority or by law. 3.9 The authority may appoint from among its members a vice -chair to 3.10 act for the chair during temporary absence or disability. 3.11 Subd. 4. [QUALIFICATIONS.] A member shall not, during a 3.12 term of office, hold any judicial office or office of state 3.13 government. Each member shall qualify by taking and subscribing 3.14 the oath of office prescribed by the Minnesota Constitution, 3.15 article V, section 6. 3.16 Subd. 5. [TERMS.] The initial terms of three members shall 3.17 end the first Monday of January 2010. Two of these members must 3.18 be appointed by the Anoka County Board, and one by the Blaine 3.19 city council. The terms of the other members and the chair 3.20 shall end the first Monday in January 2012. Subsequent terms of 3.21 each member and chair shall be four years. The term shall 3.22 continue until a successor is appointed and qualified. Members 3.23 may be removed only for cause. 3.24 Subd. 6. [VACANCIES.] Vacancies shall be filled by the 3.25 appropriate appointing authority in the same manner in which the 3.26 original appointment was made. 3.27 Subd. 7. [COMPENSATION.] Each authority member shall be 3.28 paid $50 for each day when the member attends one or more 3.29 meetings or provides other services, as authorized by the 3.30 authority, and shall be reimbursed for all actual and necessary 3.31 expenses incurred in the performance of duties. The chair of 3.32 the authority shall receive, unless otherwise provided by other 3.33 law, a salary in an amount fixed by the members of the authority 3.34 and shall be reimbursed for reasonable expenses to the same 3.35 extent as a member. The annual budget shall provide as a 3.36 separate account anticipated expenditures for per diem, travel, 4.1 and associated expenses for the chair and members, and 4.2 compensation or reimbursement shall be made to the chair and 4.3 members only when budgeted. 4.4 Subd. 8. [REGULAR AND SPECIAL MEETINGS.] The authority 4.5 shall meet regularly at least once each month, at a time and 4.6 place as the authority shall by resolution designate. Special 4.7 meetings may be held at any time upon the call of the chair or a 4.8 majority of the members, upon written notice to each member at 4.9 least three days prior to the meeting, or upon other notice that 4.10 the authority provides by resolution. Unless otherwise 4.11 provided, any action of the authority may be taken by 4.12 affirmative vote of a majority of the members. A majority of 4.13 all the members of the authority constitutes a quorum, but a 4.14 lesser number may meet and adjourn from time to time and compel 4.15 the attendance of absent members. http: / /www. revisor. leg.state.mn.us /bin/bldbill.php ?bill= S2062.0 &session =1s84 12/6/2005 S.F. No. 2062, as introduced - 84th Legislative Session (2005 -2006) Page 3 of 9 4.16 Subd. 9. [EXECUTIVE DIRECTOR.] The authority shall appoint 4.17 an executive director who shall be chosen on the basis of 4.18 training, experience, and other related qualifications. The 4.19 executive director shall serve at the pleasure of the authority, 4.20 but shall not vote, and shall have the following powers and 4.21 duties: 4.22 (1) see that all resolutions, rules, or orders of the 4.23 authority are enforced; 4.24 (2) appoint and remove all subordinate officers and regular 4.25 employees of the authority; 4.26 (3) present to the authority plans, studies, or reports 4.27 prepared for authority purposes and recommend to the authority 4.28 for adoption the measures the executive director deems necessary 4.29 to enforce or carry out the powers and duties of the authority, 4.30 or to the efficient administration of the affairs of the 4.31 authority; 4.32 (4) keep the authority fully advised as to its financial 4.33 condition, prepare and submit to the authority its annual budget 4.34 and other financial information it requests; 4.35 (5) recommend to the authority for adoption the rules the 4.36 executive director deems necessary for the efficient operation 5.1 of the authority's functions; and 5.2 (6) perform other duties prescribed by the authority. 5.3 Sec. 6. [473J.05] [POWERS OF AUTHORITY.] 5.4 Subdivision 1. [GENERAL.] The authority has all powers 5.5 necessary or convenient to accomplish the purposes of this 5.6 chapter, including, but not limited to, those specified in this 5.7 section. 5.8 Subd. 2. [ACTIONS.] The authority may sue and be sued and 5.9 is a public body within the meaning of chapter 562. 5.10 Subd. 3. [ACQUISITION OF PROPERTY.] The authority may 5.11 acquire by lease, purchase, monetary or land contribution, or 5.12 devise all necessary right, title, and interest in and to real 5.13 or personal property deemed necessary to the purposes 5.14 contemplated by this chapter. 5.15 Subd. 4. [TAX EXEMPTION.] Any real or personal property 5.16 acquired, owned, leased, controlled, used, or occupied by the 5.17 authority for any of the purposes of this chapter is declared to 5.18 be acquired, owned, leased, controlled, used, and occupied for 5.19 public, governmental, and municipal purposes, and is exempt from 5.20 ad valorem taxation by the state or any political subdivision of 5.21 the state. The properties are subject to special assessments 5.22 levied by a political subdivision for a local improvement in 5.23 amounts proportionate to and not exceeding the special benefit 5.24 received by the properties from the improvement. No possible 5.25 use of any of the properties in any manner different from their 5.26 use under this chapter at the time shall be considered in 5.27 determining the special benefit received by the properties. All 5.28 assessments are subject to final confirmation by the authority, 5.29 whose determination of the benefits is conclusive upon the 5.30 political subdivision levying the assessment. Notwithstanding 5.31 section 272.01, subdivision 2, or 273.19, property leased by the 5.32 authority to another person for uses related to the purposes of 5.33 this chapter is exempt from taxation regardless of the length of 5.34 the lease. This exemption includes concessions, suites, locker 5.35 rooms, and clubhouse facilities in the stadium and parking 5.36 facilities on the stadium site. It does not include team 6.1 offices; residential, business, or commercial development; or 6.2 other property not directly related to the operation of a 6.3 stadium facility. 6.4 Subd. 5. [LIQUOR LICENSES.] The city of Blaine may issue 6.5 one or more intoxicating liquor licenses for the stadium. These 6.6 licenses are in addition to the number authorized by law. All 6.7 provisions of chapter 340A not inconsistent with this http: / /www. revisor. leg.state.mn.us /bin/bldbill.php ?bill= S2062.0 &session =1s84 12/6/2005 S.F. No. 2062, as introduced - 84th Legislative Session (2005 -2006) Page 4 of 9 6.8 subdivision apply to the licenses authorized under this 6.9 subdivision. 6.10 Subd. 6. [FACILITY OPERATION.] The authority may equip, 6.11 improve, operate, manage, maintain, and control the sports 6.12 facilities constructed, remodeled, or acquired under the 6.13 provisions of this chapter. The authority may delegate any of 6.14 these duties to a qualified third party. The authority must 6.15 seek to promote and maximize the use of the sports facilities 6.16 for nonfootball events. 6.17 Subd. 7. [DISPOSITION OF PROPERTY.] The authority may 6.18 sell, lease, or otherwise dispose of any real or personal 6.19 property acquired by it, which is no longer required for 6.20 accomplishment of its purposes. The property must be sold in 6.21 accordance with the procedures provided by section 469.065, 6.22 except subdivisions 6 and 7. 6.23 Subd. 8. [GIFTS AND GRANTS.] The authority may accept 6.24 donations of money, property, or services; may apply for and 6.25 accept grants or loans of money or other property from the 6.26 United States, the state, any subdivision of the state, or any 6.27 person for any of its purposes; may enter into any agreement 6.28 required in connection therewith; and may hold, use, and dispose 6.29 of the donations according to the terms of the gifts, grant, 6.30 loan, or agreement. In evaluating proposed monetary 6.31 contributions, grants, loans, and agreements required in 6.32 connection therewith, the authority shall examine the possible 6.33 short -range and long -range impact on authority revenues and 6.34 authority operating expenditures. The authority must notify 6.35 potential contributors that contributions qualify for the 6.36 charitable contribution deductions under section 170 of the 7.1 Internal Revenue Code, provided that the contributor does not 7.2 receive substantial direct benefit from the contribution. 7.3 Subd. 9. [ISSUANCE OF BONDS.] The authority may authorize 7.4 the sale and issuance of bonds in the manner and for the 7.5 purposes set out in section 473J.06. 7.6 Subd. 10. [RESEARCH.] The authority may conduct research 7.7 studies and programs; collect and analyze data; prepare reports, 7.8 maps, charts, and tables; and conduct all necessary hearings and 7.9 investigations in connection with its functions. 7.10 Subd. 11. [USE AGREEMENTS.] The authority may lease, 7.11 license, or enter into agreements and may fix, alter, charge, 7.12 and collect rentals, fees, and charges to all persons for the 7.13 use, occupation, and availability of part or all of any 7.14 premises, property, or facilities under its ownership, 7.15 operation, or control for purposes that will provide athletic, 7.16 educational, cultural, commercial, or other entertainment, 7.17 instruction, or activity for citizens of the state of Minnesota 7.18 and visitors. Any use agreement may provide that the other 7.19 contracting party has exclusive use of the premises at the times 7.20 agreed upon, including exclusive use and control for the term of 7.21 its agreement by the Minnesota Vikings. 7.22 Subd. 12. [INSURANCE.] The authority may require any 7.23 employee to obtain and file with it an individual bond or 7.24 fidelity insurance policy. It may procure insurance in the 7.25 amounts it considers necessary against liability of the 7.26 authority or its officers and employees for personal injury or 7.27 death and property damage or destruction, with the force and 7.28 effect stated in chapter 466, and against risks of damage to or 7.29 destruction of any of its facilities, equipment, or other 7.30 property. 7.31 Subd. 13. [CREATING A CONDOMINIUM.] The authority may, by 7.32 itself or together with any other entity, as to real or personal 7.33 property comprising or appurtenant or ancillary to the stadium 7.34 constructed and operated under this chapter or other law, act as 7.35 a declarant and establish a condominium or leasehold condominium http: / /www. revisor. leg.state.mn.us /bin/bldbill.php ?bill= S2062.0 &session =ls84 12/6/2005 S.F. No. 2062, as introduced - 84th Legislative Session (2005 -2006) Page 5 of 9 7.36 under chapter 515A, or a common interest community or leasehold 8.1 common interest community under chapter 515B, and may grant, 8.2 establish, create, or join in other or related easements, 8.3 agreements, and similar benefits and burdens that the authority 8.4 may consider necessary or appropriate, and exercise any and all 8.5 rights and privileges and assume obligations under them as a 8.6 declarant, unit owner, or otherwise, insofar as practical and 8.7 consistent with applicable law. The authority may be a member 8.8 of an association and the chair, any commissioners, and any 8.9 officers and employees of the authority may serve on the board 8.10 of an association under chapter 515A or 515B or other law. 8.11 Subd. 14. [PROCUREMENT.] (a) The authority and the 8.12 Minnesota Vikings must jointly select a construction manager. 8.13 With respect to the construction of the stadium, the 8.14 construction manager must: 8.15 (1) guarantee a maximum cost of construction; and 8.16 (2) provide payment and performance bonds or other security 8.17 reasonably acceptable to the authority in an amount equal to the 8.18 guaranteed maximum cost of construction, and shall comply with 8.19 all employment requirements applicable to city and state 8.20 contracts for construction, including prevailing wages as 8.21 defined in section 177.42, affirmative action, and outreach. 8.22 (b) The lessee under the stadium lease described in 8.23 paragraph (c) or the construction manager may enter into 8.24 contracts with contractors for labor, materials, supplies, and 8.25 equipment to equip and construct the new stadium through the 8.26 process of public bidding. 8.27 (c) The lessee or the construction manager may: 8.28 (1) limit the list of eligible bidders to those that the 8.29 construction manager determines possess sufficient expertise to 8.30 perform the intended functions; 8.31 (2) award contracts to the contractors that the 8.32 construction manager determines provide the best value, which 8.33 need not be the lowest responsible bidder; and 8.34 (3) for work the construction manager determines to be 8.35 critical to the completion schedule, the construction manager 8.36 may award contracts on the basis of competitive proposals or 9.1 perform work with its own forces without soliciting competitive 9.2 bids if the construction manager provides evidence of 9.3 competitive pricing. 9.4 Sec. 7. [473J.06] [ISSUANCE OF BONDS.] 9.5 Subdivision 1. [BONDS.] The authority may by resolution, 9.6 by a vote of a majority of all of its members, authorize the 9.7 sale and issuance of its bonds for any or all of the following 9.8 purposes: 9.9 (1) to provide funds and pay costs to predesign, design, 9.10 construct, furnish, equip, and otherwise improve or better the 9.11 sports facilities owned or to be owned by the authority pursuant 9.12 to this act; 9.13 (2) to establish a reserve fund or funds for the bonds and 9.14 to pay costs of issuance of the bonds; 9.15 (3) to refund bonds issued under this section; and 9.16 (4) to fund judgments entered by any court against the 9.17 authority in matters relating to the authority's functions 9.18 related to the sports facilities. 9.19 Subd. 2. [PROCEDURE.] The bonds shall be sold, issued, and 9.20 secured on the terms and conditions the authority determines to 9.21 be in the best interests of the authority and residents therein, 9.22 except as otherwise provided in this chapter. The bonds may be 9.23 sold at any price and at public or private sale as determined by 9.24 the authority. They shall be payable solely from tax and other 9.25 revenues referred to in this chapter. The bonds shall not be a 9.26 general obligation or debt of the authority or any city, county, 9.27 or the state, and shall not be included in the net debt of any http: / /www.revisor.leg. state. mn. us /bin/bldbill.php ?bill =52062.0 &session =1s84 12/6/2005 S.F. No. 2062, as introduced - 84th Legislative Session (2005 -2006) Page 6 of 9 9.28 city, county, or other subdivision of the state for the purpose 9.29 of any net debt limitation. No election shall be required. 9.30 Subd. 3. [LIMITATIONS.] The principal amount of the bonds 9.31 issued under subdivision 1, clauses (1) and (2), shall not 9.32 exceed the amounts authorized in this subdivision. The 9.33 principal amount of bonds issued under subdivision 1, clauses 9.34 (1) and (2), shall be limited to $650,000,000 plus those amounts 9.35 necessary to fund appropriate reserves and pay issuance costs. 9.36 The authority shall issue its bonds and construction of the 10.1 stadium may commence when the authority has made the following 10.2 determinations: 10.3 (1) the authority has executed a long -term use agreement 10.4 with the Minnesota Vikings, meeting the requirements of section 10.5 473J.07; 10.6 (2) the authority has executed a development and financing 10.7 agreement with Anoka County, the city of Blaine, and the 10.8 Minnesota Vikings meeting the requirements of section 473J.08; 10.9 (3) the proceeds of bonds authorized and provided for in 10.10 this subdivision will be sufficient, together with other capital 10.11 funds that may be available to the authority for expenditure on 10.12 the sports facilities, including, except as otherwise provided 10.13 in this subdivision, the acquisition, clearance, relocation, and 10.14 legal costs referred to in clauses (4) and (5); 10.15 (4) the authority has acquired title to or an interest in 10.16 all real property, including all easements, air rights, and 10.17 other appurtenances needed for the construction and operation of 10.18 the sports facility or has received a grant of funds or has 10.19 entered into agreements sufficient in the judgment of the 10.20 authority to assure the receipt of funds, at the time and in the 10.21 amount required, to make any payment upon which the authority's 10.22 acquisition of title or interest in and possession of the real 10.23 property is conditioned; 10.24 (5) the authority has received a grant of funds or entered 10.25 into agreements sufficient in the judgment of the authority to 10.26 assure the receipt of funds, at the time and in the amount 10.27 required, to pay all costs, except as provided in this 10.28 subdivision, of clearing the real property needed for the 10.29 construction and operation of the sports facilities, railroad 10.30 tracks, and other structures, including, without limitation, all 10.31 relocation costs, all utility relocation costs, and all legal 10.32 costs; 10.33 (6) the authority has executed agreements to prevent 10.34 strikes that would halt, delay, or impede construction of the 10.35 sports facilities; 10.36 (7) the authority has executed agreements that will provide 11.1 for the construction of the sports facilities for a certified or 11.2 guaranteed construction price and completion date and which 11.3 include performance bonds in an amount at least equal to 100 11.4 percent of the certified or guaranteed price to cover any costs 11.5 that may be incurred over and above the certified price, 11.6 including, but not limited to, costs incurred by the authority 11.7 or loss of revenues resulting from incomplete construction on 11.8 the completion date; 11.9 (8) the anticipated revenue from the operation of the 11.10 sports facilities plus any additional available revenue of the 11.11 authority will be an amount sufficient to pay when due all debt 11.12 service on the bonds plus all administration, operating, and 11.13 maintenance expense of the sports facilities; 11.14 (9) the authority has determined that all public and 11.15 private funding sources for construction and operation of the 11.16 sports facilities are officially committed in writing and 11.17 enforceable. The committed funds must be adequate to site, 11.18 design, construct, furnish, equip, and service the sports 11.19 facilities debt, as well as to pay for the ongoing operation and http: / /www. revisor. leg.state.mn.us/bin/bldbill.php ?bill= S2062.0 &session =1s84 12/6/2005 S.F. No. 2062, as introduced - 84th Legislative Session (2005 -2006) Page 7 of 9 11.20 maintenance of the stadium; 11.21 (10) the authority shall ensure that a guaranty is in place 11.22 in a form satisfactory to the authority. The guaranty may be in 11.23 the form of a letter of credit, minimum net worth requirements, 11.24 personal guaranties or other surety covering the payments on 11.25 terms determined by the authority's negotiations with the 11.26 Minnesota Vikings; and 11.27 (11) the validity of any bonds issued under subdivision 1, 11.28 clauses (1) and (2), and the obligation of the authority related 11.29 to them, shall not be conditioned upon or impaired by the 11.30 authority's determinations made under this subdivision. For 11.31 purposes of using the bonds, the determinations made by the 11.32 authority shall be deemed conclusive and the authority shall be 11.33 and remain obligated for the security and payment of the bonds 11.34 irrespective of determinations that may be erroneous, 11.35 inaccurate, or otherwise mistaken. 11.36 Subd. 4. [SECURITY.] To the extent and in the manner 12.1 provided in this chapter, the taxes described in this chapter, 12.2 the tax and other revenues of the authority described in this 12.3 act, and any other revenues of the authority attributable to the 12.4 sports facilities, including teams' and Anoka County 12.5 contributions, shall be and remain pledged and appropriated to 12.6 the authority as appropriate for the payment of all necessary 12.7 and reasonable expenses of the operation, administration, 12.8 maintenance of the sports facilities, and debt service of the 12.9 bonds until all bonds or certificates of indebtedness issued 12.10 pursuant to this chapter are fully paid or discharged in 12.11 accordance with law. Bonds issued pursuant to this chapter may 12.12 be secured by a bond resolution, or by a trust indenture entered 12.13 into by the authority with a corporate trustee within or outside 12.14 the state, which shall define the tax and team contributions, 12.15 and other sports facilities revenues pledged for the payment and 12.16 security of the bonds. The pledge shall be a valid charge on 12.17 the tax and all other revenues referred to in this chapter from 12.18 the date when bonds are first issued or secured under the 12.19 resolution or indenture and shall secure the payment of 12.20 principal and interest and redemption premiums when due and the 12.21 maintenance at all times of a reserve or reserves securing such 12.22 payments. No mortgage of or security interest in any tangible 12.23 real or personal property shall be granted to the bondholders or 12.24 the trustee, but they shall have a valid security interest in 12.25 all tax and other revenues received and accounts receivable by 12.26 the authority shall be hereunder, as against the claims of all 12.27 other persons in tort, contract, or otherwise, irrespective of 12.28 whether the parties have notice of the claims, and without 12.29 possession or filing as provided in the Uniform Commercial Code 12.30 or any other law. In the bond resolution or trust indenture, 12.31 the authority may make covenants, which shall be binding upon 12.32 the authority, that are determined to be usual and reasonably 12.33 necessary for the protection of the bondholders. No pledge 12.34 shall be revoked or amended by law or by action of the authority 12.35 or county except in accordance with the terms of the bond 12.36 resolution or indenture under which the bonds are issued, until 13.1 the obligations of the authority are fully discharged. 13.2 Subd. 5. [NO FULL FAITH AND CREDIT.] Any bonds or other 13.3 obligations issued by the authority under this act are not 13.4 public debt of the state, and the full faith and credit and 13.5 taxing powers of the state are not pledged for their payment or 13.6 of any payments that the state agrees to make under this act. 13.7 Subd. 6. [TAXABILITY OF INTEREST ON BONDS.] The bonds 13.8 authorized by this act may be issued whether or not the interest 13.9 to be paid on them is gross income for federal tax purposes, 13.10 provided that the authority must make an effort to arrange the 13.11 financing for the project in a manner that would allow the http: / /www. revisor. leg. state. nm. us /bin/bldbill.php ?bill= S2062.0 &session =1s84 12/6/2005 S.F. No. 2062, as introduced - 84th Legislative Session (2005 -2006) Page 8 of 9 13.12 interest to be tax- exempt to the greatest extent possible. 13.13 Sec. 8. [473J.07] [DEVELOPMENT AND FINANCING AGREEMENT.] 13.14 Subdivision 1. [AGREEMENT REQUIRED.] Prior to the issuance 13.15 of bonds under section 473J.06, the authority shall negotiate 13.16 and enter into an agreement with Anoka County, the city of 13.17 Blaine, and the Minnesota Vikings concerning the terms and 13.18 conditions under which the parties will make contributions of 13.19 funds, future revenues, interests in property for the site and 13.20 public infrastructure, the method of completing design and 13.21 construction, which may include the design build process, the 13.22 integration of the stadium and related infrastructure with 13.23 surrounding development, and other matters relating to the 13.24 stadium, its operation, maintenance, and financing. This 13.25 agreement shall, at a minimum, meet the requirements of this 13.26 section. 13.27 Subd. 2. [TOTAL PUBLIC INVESTMENT TOWARDS PROJECT 13.28 COSTS.] The total public investment, including Anoka County's 13.29 revenue contributions and revenues collected by the authority in 13.30 the stadium district shall not exceed two- thirds of the sports 13.31 facility's costs. 13.32 Subd. 3. [TEAM CONTRIBUTION.] The team must contribute no 13.33 less than one -third of the sports facility's costs. Team 13.34 contributions may include, but are not limited to, initial cash 13.35 contributions, guaranteed annual payments, and assignments of 13.36 naming rights and permanent seat licenses, but does not include 14.1 payments of operating and maintenance expenses for the stadium, 14.2 which must be made by the team. In addition to any other team 14.3 contribution, the team must assume and pay when due all cost 14.4 overruns for the stadium. 14.5 Sec. 9. [473J.08] [USE AGREEMENT.] 14.6 Subdivision 1. [REQUIREMENT.] Prior to the issuance of 14.7 bonds under section 473J.06, the authority must have entered 14.8 into an agreement with the Minnesota Vikings and the National 14.9 Football League meeting the requirements of this section. 14.10 Subd. 2. [AGREEMENT WITH MINNESOTA VIKINGS.] The authority 14.11 shall enter into a use agreement with the Minnesota Vikings 14.12 that, at a minimum, provides for the following: 14.13 (1) the Minnesota Vikings will use the stadium for all 14.14 scheduled home preseason, regular season, and postseason games 14.15 that the team is entitled to play at home for a term of not less 14.16 than 30 years; 14.17 (2) the agreement must include terms for default, 14.18 termination, and breach of agreement; and 14.19 (3) the agreement must require specific performance and 14.20 must not include escape clauses or buyout provisions. 14.21 Subd. 3. [AGREEMENT WITH NATIONAL FOOTBALL LEAGUE.] The 14.22 authority shall enter into an agreement with the National 14.23 Football League guaranteeing the continuance of the Minnesota 14.24 Vikings in the metropolitan area for the period of the 14.25 agreements referred to in subdivision 2, clause (1). 14.26 Sec. 10. [473J.09] [ANOKA COUNTY REVENUE SOURCES.] 14.27 Subdivision 1. [GENERAL.] Anoka County may utilize the 14.28 following revenue sources to make contributions to its share of 14.29 the total stadium project costs. 14.30 Subd. 2. [TAXING AUTHORITY.] To provide local government 14.31 revenues to finance the stadium under this act, Anoka County may: 14.32 (1) impose a ticket tax, a tax on restaurants, places of 14.33 amusement, alcoholic beverages or prepared food, or a tax on 14.34 lodging, or any of them; 14.35 (2) impose a tax on sports memorabilia as defined by the 14.36 authority that is sold within the stadium facilities; or 15.1 (3) impose a general sales and use tax on sales of goods 15.2 and services within its jurisdiction of not more than 0.75 15.3 percent. http: / /www. revisor. leg.state.mn.us /bin/bldbill.php ?bill= S2062.0 &session =1s84 12/6/2005 S.F. No. 2062, as introduced - 84th Legislative Session (2005 -2006) Page 9 of 9 15.4 These taxes may be imposed notwithstanding the provisions of 15.5 section 477A.016. The requirements of section 297A.99 do not 15.6 apply to any tax imposed under this subdivision. 15.7 Subd. 3. [PARKING SURCHARGES.] Anoka County may impose a 15.8 parking surcharge on parking in the stadium district. 15.9 Sec. 11. [473J.10] [ENVIRONMENTAL REQUIREMENTS.] 15.10 The authority must ensure that environmental requirements 15.11 imposed by appropriate regulatory agencies for the sports 15.12 facilities are complied with. 15.13 Sec. 12. [APPROPRIATION.] 15.14 $ is appropriated from the general fund to the chair 15.15 of the Anoka County - Blaine Stadium Authority to be used for the 15.16 purposes of this act. Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions or comments.. http: / /www. revisor. leg.state.mn.us /bin/bldbill.php ?bill= S2062.0 &session =1s84 12/6/2005 Memorandum To: Mayor and City Council From: Mary Divine Date: 12/02/05 Re: EDAC Recommendation regarding Resolution 05 -186 cc: Gordon Heitke, Mike Grochala EDAC met on Thursday, December 1 and discussed the proposed City Council resolution No. 05 -186 Supporting the Requirement of Holding a Referendum for the Funding of a Sports Stadium. After discussion, the committee unanimously recommended that since this is an Anoka County issue, the City Council should not get involved and that the parties promoting this resolution should submit it to the appropriate governing body.