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08/22/2011 Council Packet
EXPANDED AGENDA CITY COUNCIL AGENDA Monday, August 22, 2011 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members O'Donnell, Gallup, Roeser & Rafferty City Administrator: Jeff Karlson COUNCIL WORK SESSION, 5 :30 P.M. Community Room (not televised) 1. Emerald Ash Borer Update, Marty Asleson 2. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M. ➢ Call to Order — 6:30 p.m. ➢ Roll Call - Council Members O'Donnell, Roeser, Gallup & Rafferty, and Mayor Reinert were present ➢ Pledge of Allegiance ➢ Open Mike / Public Comment Paul Montain, 6510 Centerville Road, requested that the council discuss the matter of use of the property at 8122 80th St at the next regular council work session; the matter will be discussed on September 6 ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was not amended CONSENT AGENDA A) Consideration of Expenditures: Pg 3 -15 i) August 22, 2011 (Check No. 91346 through 91450) in the amount of $332,377.81; 13) Consider approval of August 1, 2011 Work Session Minutes Pg 16 -18 Council Members Gallup and Roeser absent C) Consider approval of August 1, 2011 Closed Session Minutes Pg 19 Council Members Gallup and Roeser absent D) Consider approval of August 8, 2011 Council Meeting Minutes Action Taken: Motion by Rafferty, seconded by Gallup, to approve Consent Items 1A and 1D, was adopted Council Agenda -2- August 22, 2011 EXPANDED AGENDA Action Taken: Motion by O'Donnell, seconded by Rafferty, to approve Consent Items 1B and 1C, was adopted; Council Members Roeser and Gallup abstained from voting FINANCE DEPARTMENT REPORT, Al Rolek No report ADMINISTRATION DEPARTMENT REPORT, Dan Tesch No report PUBLIC SAFETY DEPARTMENT REPORT, John Swenson A) Authorization to accept grant funding from Minnesota Institute Pg 20 of Public Health, John Swenson Action Taken: Motion by O'Donnell, seconded by Roeser, to accept the grant funding as presented, was adopted B) Consider Resolution No. 11 -83, Authorizing execution of a Pg 21 -24 Joint Powers Agreement with the State of Minnesota for use of criminal data systems, John Swenson Action Taken: Motion by Roeser, seconded by Gallup, to approve Resolution No. 11 -83 as presented, was adopted PUBLIC SERVICES DEPARTMENT REPORT, Rick DeGardner No report COMMUNITY DEVELOPMENT REPORT, Michael Grochala A) Public Hearing. Consider Resolution No. 11 -87, Approving Pg 25 -60 Modification to Tax Increment Financing District 1 -10, Mary Divine Action Taken: Motion by Roeser, seconded by O'Donnell, to approve Resolution No. 11 -87 as presented, was adopted B) Consider Resolution No. 11 -84, Extension of Time for Submittal Pg 61 -63 of the Planned Unit Development Final Plan and Final Plat and Conditional Use Permits, Main Street Village, Jeff Smyser Action Taken: Motion by Rafferty, seconded by Roeser, to approve Resolution No. 11 -84 as presented, was adopted C) Consider Resolution No. 11 -85, Extension of Time for Submittal Pg 64 -66 of the Planned Unit Development Final Plan and Final Plat, The Preserve, Jeff Smyser Action Taken: Motion by Gallup, seconded by Rafferty, to approve Resolution No. 11 -85 as presented, was adopted Council Agenda -3- August 22, 2011 EXPANDED AGENDA D) Consider Resolution No. Performance Agreement YMCA, Paul Bengtson Action Taken: Motion approve Resolution No. E) Consider Resolution No. License Agreement with Action Taken: Motion approve Resolution No 11 -82, Authorizing Execution of Site Pg 67 -76 and Storm Water Management Agreement, by O'Donnell, seconded by Roeser, to 11 -82 as presented, was adopted 11 -86, Authorizing Execution of Star System Anoka County, Michael Grochala by Rafferty, seconded by O'Donnell, to . 11 -86 as presented, was adopted UNFINISHED BUSINESS None NEW BUSINESS None Adjournment Action Taken: Motion by Rafferty, seconded by Gallup, to adjourn at 7:00 p.m., was adopted Upon adjournment of the regular meeting, the members of the council will convene as the Lino Lakes Economic Development Authority (EDA) Upon adjournment of the EDA meeting, the council will reconvene to a Special work session to discuss the 2012 city budget Community Calendar- A Look Ahead August 23, 2011 through September 12, 2011 Wednesday, August 31 6:30 pm, Council Chambers Environmental Board 4. Thursday, September 1 8:00 am, Community Room EDAC 4. Tuesday, September 6 5:30 pm, Community Room Council Work Session Monday, September 12 6:30 pm, Council Chambers City Council Meeting • • • REVISED CITY COUNCIL AGENDA Monday, August 22, 2011 * * * * * * * * * ** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members O'Donnell, Gallup, Roeser & Rafferty City Administrator: Jeff Karlson COUNCIL WORK SESSION, 5.30 P.M. Community Room (not televised) 1. Emerald Ash Borer Update, Marty Asleson 2. Review Regular Agenda ITY COUNCIL MEETING, 6 :30 P.M. ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Open Mike / Public Comment ➢ Setting the Agenda: Addition or deletion of agenda items CONSENT AGENDA A) Consideration of Expenditures: i) August 22, 2011 (Check No. 91346 through 91450) in the amount of $332,377.81; B) Consider approval of August 1, 2011 Work Session Minutes Pg 16 -18 Council Members Gallup and Roeser absent C) Consider approval of August 1, 2011 Closed Session Minutes Pg 19 Council Members Gallup and Roeser absent Pg 3 -15 D) Consider approval of August 8, 2011 Council Meeting Minutes to follow FINANCE DEPARTMENT REPORT, .Al Rolek No report ADMINISTRATION DEPARTMENT REPORT, Dan Teach No report Council Agenda -2- REVISED August 22, 2011 PUBLIC SAFETY DEPARTMENT REPORT, John Swenson A) Authorization to accept grant funding from Minnesota Institute Pg 20 of Public Health, John Swenson B) Consider Resolution No. 11 -83, Authorizing execution of a Pg 21 -24 Joint Powers Agreement with the State of Minnesota for use of criminal data systems, John Swenson PUBLIC SERVICES DEPARTMENT REPORT, Rick ©eGardner No report COMMUNITY DEVELOPMENT REPORT, Michael Grochala A) Public Hearing. Consider Resolution No. 11 -87, Approving Pg 25 -60 Modification to Tax Increment Financing District 1 -10, Mary Divine B) Consider Resolution No. 11 -84, Extension of Time for Submittal Pg 61 -63 of the Planned Unit Development Final Plan and Final Plat and Conditional Use Permits, Main Street Village, Jeff Smyser C) Consider Resolution No. 11 -85, Extension of Time for Submittal Pg 64 -66 of the Planned Unit Development Final Plan and Final Plat, The Preserve, Jeff Smyser D) Consider Resolution No. 11 -82, Authorizing Execution of Site Pg 67 -76 Performance Agreement and Storm Water Management Agreement, YMCA, Paul Bengtson E) Consider Resolution No. 11 -86, Authorizing Execution of Star System License Agreement with Anoka County, Michael Grochala UNFINISHED BUSINESS None NEW BUSINESS None Adjournment Upon adjournment of the regular meeting, the members of the council will convene as the Lino Lakes Economic Development Authority (EDA) Upon adjournment of the EDA meeting, the council will reconvene to a Special work session to discuss the 2012 city budget Community Calendar - A Look Ahead August 23, 2011 through September 12, 2011 Wednesday, August 31 6:30 pm, Council Chambers Environmental Board Thursday, September 1 8:00 am, Community Room EDAC 4. Tuesday, September 6 5:30 pm, Community Room Council Work Session Monday, September 12 6:30 pm, Council Chambers City Council Meeting • • • CITY COUNCIL AGENDA Monday, August 22, 2011 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members O'Donnell, Gallup, Roeser & Rafferty City Administrator: Jeff Karlson COUNCIL WORK SESSION, 5 :30 P.M. Community Room (not televised) Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M. ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Open Mike / Public Comment ➢ Setting the Agenda: Addition or deletion of agenda items ONSENT AGENDA A) Consideration of Expenditures: Pg 3 -15 i) August 22, 2011 (Check No. 91346 through 91450) in the amount of $332,377.81; B) Consider approval of August 1, 2011 Work Session Minutes Pg 16 -18 Council Members Gallup and Roeser absent C) Consider approval of August 1, 2011 Closed Session Minutes Pg 19 Council Members Gallup and Roeser absent D) Consider approval of August 8, 2011 Council Meeting Minutes to follow FINANCE .DEPARTMENT, REPORT, Al Rolek No report ADMINISTRATION DEPARTMENT REPORT,' Dan Teach No report PUBLIC SAFETY DEPARTMENT REPORT, John Swenson A) Authorization to accept grant funding from Minnesota Institute Pg 20 of Public Health, John Swenson Council Agenda -2- August 22, 2011 B) Consider Resolution No. 11 -83, Authorizing execution of a Joint Powers Agreement with the State of Minnesota for use of criminal data systems, John Swenson Pg 21 -24 No report DEVELOPMENT chael Grochala A) Public Hearing. Consider Resolution No. 11 -87, Approving Pg 25 -60 Modification to Tax Increment Financing District 1 -10, Mary Divine B) Consider Resolution No. 11 -84, Extension of Time for Submittal Pg 61 -63 of the Planned Unit Development Final Plan and Final Plat and Conditional Use Permits, Main Street Village, Jeff Smyser C) Consider Resolution No. 11 -85, Extension of Time for Submittal Pg 64 -66 of the Planned Unit Development Final Plan and Final Plat, The Preserve, Jeff Smyser D) Consider Resolution No. 11 -82, Authorizing Execution of Site Pg 67 -76 Performance Agreement and Storm Water Management Agreement, YMCA, Paul Bengtson E) Consider Resolution No. 11 -86, Authorizing Execution of Star System License Agreement with Anoka County, Michael Grochala None None irnmenl Upon adjournment of the regular meeting, the members of the council will convene as the Lino Lakes Economic Development Authority (EDA) Upon adjournment of the EDA meeting, the council will reconvene to a Special work session to discuss the 2012 city budget Community Calendar — A Look Ahead August 23, 2011 through September 12, 2011 Wednesday, August 31 6:30 pm, Council Chambers Environmental Board Thursday, September 1 8:00 am, Community Room EDAC Tuesday, September 6 5:30 pm, Community Room Council Work Session Ilk Monday, September 12 6:30 pm, Council Chambers City Council Meeting -9, Sf e v\k S'tSS1D;, ' EAB Injection Costs 2011 Using TreAGE: 18 inch Tree cost 80 mis Chemical 12.5 trees 100 trees 18 inch per case at $3744 per case. Enough to treat 100 trees for 2 -3 years. Chemical Cost =$468 /liter. $37.44 for an 18 inch diameter tree, for 1 year, $18.72/2 years, $12.48 if we go 3 years. 8 inch diameter tree cost $11.70/1 year, $5.85 2 year, $3.90 3 years treatment Based on our inventory, to chemically treat all 6" to 12" trees first year = $1500 to chemically treat all city public trees first year = $2843 first year. Additional IV injection equipment....$550.00 The City has trained and licensed staff for chemical application of TreAge Removal Costs The City has all the expertise and equipment to safely and efficiently remove all of our public ash trees. Reforest The City Has the expertise to replant lost ash trees Marshaling Areas ( Sites to dispose of privately owned trees by residents of Lino Lakes) Gravel for South Marshalling Area (Community Park Site) $1500 -$2000 Signage $300 Fencing for entrance $3000 Public Works has the equipment to stack/stockpile dead Ash trees. • EXPENDITURES AUGUST 22, 2011 • • P3 4141.: 08/15/2011 Time 09:01:47 City of Lino Lakes Operator: KKF Page: 1 FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 9552 9567 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: A Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 008041 10,000 LAKES CHAPTER 1 85.00 85:00 .00 .00 000020 A & L SUPERIOR SOD CO, INC. 1 105.03 105.03 .00 .00 000093 ACE SOLID WASTE, INC. 1 595.52 595.52 .00 .00 000408 AFSCME COUNCIL #5 1 769.00 769.00 .00 .00 000998 AGGREGATE INDUSTRIES - MIDWEST REGION 2 226.15 226.15 .00 .00 008374 AMERICAN PUMP COMPANY 1 834.69 834.69 .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 141.87 141.87 .00 .00 005026 ANOKA COUNTY ATTORNEY'S OFFICE 1 940.90 940.90 .00 .00 000370 ANOKA COUNTY CENTRAL COMMICATIONS 2 1,702.02 1,702.02 .00 .00 004063 ANOKA COUNTY LICENSE BUREAU 3 6,912.43 6,912.43 .00 .00 000420 ANOKA COUNTY 1 6.65 6.65 .00 0 000541 ASPEN MILLS, INC. 2 70.48 70.48 .00 000610 BAUER BUILT, INC. 1 504.37 504.37 .00 .00 000861 BEE LINE ALIGNMENT SERVICE 1 75.00 75.00 .00 .00 008334 BESA 1 220.00 220.00 .00 .00 008293 BIFF'S INC. 13 835.97 835.97 .00 .00 000724 BLUE TOW SERVICE, INC. 2 377.18 377.18 .00 .00 000833 BROCK WHITE COMPANY, LLC 1 162.11 162.11 .00 .00 000946 C. P. OFFICE PRODUCTS 1 201.99 201.99 .00 .00 008375 KIM CARVER 1 50.00 50.00 .00 .00 001110 CENTENNIAL UTILITIES 1 771.88 771.88 .00 .00 002700 CENTERPOINT /MINNEGASCO, INC. 1 256.03 256.03 .00 .00 • Date: 08/15/2011 Time 09:01:48 City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: P 4 Discount • or # Name # of items Net Gross Discount Lost 000769 CITY OF EXCELSIOR 1 37.00 37.00 .00 .00 004670 COMCAST 1 69.90 69.90 .00 .00 000726 COMMISSIONER OF FINANCE 1 470.45 470.45 .00 .00 001187 CONNEXUS ENERGY 1 4,495.92 4,495.92 .00 .00 007354 CROWN TROPHY, INC. 2 105.92 105.92 .00 .00 007465 DAVIS EQUIPMENT CORPORATION 1 156.37 156.37 .00 .00 000256 DEEP ROCK WATER COMPANY 1 16.76 16.76 .00 .00 008353 BRIAN DOCKENDORF 1 30.00 30.00 .00 .00 001561 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 1 349.45 349.45 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 4 565.63 565.63 .00 .00 000022 FERGUSON WATERWORKS 1 1,091.02 1,091.02 .00 .00 001520 FLANAGAN SALES, INC. 1 3,767.34 3,767.34 .00 .00 001269 FORCE AMERICA DISTRIBUTING LLC 1 838.97 838.97 .00 .00 001559 LINDA FRANCIS 1 42.64 42.64 .00 .00 D01560 FRATTALLONE'S HARDWARE, INC. 2 28.42 28.42 .00 .00 111/1355 NATE GILITZER 1 40.00 40.00 .00 .00 ,406 GLOCK PROFESSIONAL, INC. 2 390.00 390.00 .00 .00 008274 DANIEL L. GOFF 1 470.00 470.00 .00 .00 008065 AMY HALBUR 1 20.00 20.00 .00 .00 004562 HD SUPPLY WATERWORKS, LTD. 1 2,817.09 2,817.09 .00 .00 001859 HOME DEPOT CREDIT SERVICES 1 151.76 151.76 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 1 94.64 94.64 .00 .00 007443 JDI SIGNS & GRAPHICS 2 629.50 629.50 .00 .00 008271 DONALD LEE JENSEN 1 261.25 261.25 .00 .00 008357 MISTY JOHNSON 1 30.00 30.00 .00 .00 007851 JRK SEED AND TURF SUPPLY 1 102.60 102.60 .00 .00 001940 KEEPRS, INC. 2 107.79 107.79 .00 .00 • Date: 08/15/2011 Time: 09:01:48 City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: 3 Vendor # Name # of items Net Gross Discount Disco* 001860 KENNEDY & GRAVEN, INC. 1 2,510.50 2,510.50 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 924.00 924.00 .00 .00 002320 LMCIT 1 131,601.00 131,601.00 .00 .00 008354 AMY LEMON 1 35.00 35.00 .00 .00 008123 LUBRICATION TECHNOLOGIES, INC. 2 8,697.20 8,697.20 .00 .00 001479 LOUIS MASONICK III 1 80.00 80.00 .00 .00 002486 MATT PARROTT, A Storey Kenworthy Co. 2 771.90 771.90 .00 .00 002849 MINNESOTA PETROLEUM SERVICE, INC. 1 51.91 51.91 .00 .0D 003882 MINNESOTA SHREDDING LLC 1 48.00 48.00 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 698.47 698.47 .00 .00 003050 MRPA 1 420.00 420.00 .00 .00 003070 MTI DISTRIBUTING, INC. 1 180.03 180.03 .00 .00 008198 NATIONAL PAYMENT CENTER 1 193.37 193.37 .00 .00 000900 O'REILLY AUTOMOTIVE, INC. 6 407.74 407.74 .00 .00 000983 OPTUMHEALTH FINANCIAL SERVICES 2 77.76 77.76 .00 .00 003443 OTTER LAKE ANIMAL CARE CENTER, INC. 1 194.43 194.43 .00 003491 PETTY CASH 1 58.75 58.75 .00 003524 PITNEY BOWES, INC. 1 93.78 93.78 .00 .00 000016 PLAYPOWER LT FARMINGTON, INC. 1 581.40 581.40 .00 .00 000217 POLAR CHEVROLET & MAZDA 1 280.79 280.79 .00 .00 003600 PRESS PUBLICATIONS, INC. 3 636.01 636.01 .00 .00 001832 QUAD AREA CHAMBER OF COMMERCE 1 15.00 15.00 .00 .00 007696 RATWIK, ROSZAK & MALONEY, PA 1 3,844.31 3,844.31 .00 .00 900491 ROSEVILLE, CITY OF 2 6,720.88 6,720.88 .00 .00 003910 SAM'S CLUB, INC. 1 451.11 451.11 .00 .00 000065 SCHARBER & SONS, INC. 3 658.64 658.64 .00 .00 008358 PAT SHORTRIDGE 1 85.00 85.00 .00 .00 Date: 08/15/2011 Time 09:01:49 City of Lino Lakes FM Entry - Invoice Journal *or # Name Operator: KKF Page: F'71 Discount # of items Net Gross Discount Lost 008356 PAUL SILER 1 17.50 17.50 .00 .00 007855 SLIP'S SHARPENING SERVICE 1 20.00 20.00 .00 .00 008373 MEGAN SLIPKA 1 50.00 50.00 .00 .00 003848 SPARTAN PROMOTIONAL GROUP, INC. 2 862.31 862.31 .00 .00 008142 STAPLES ADVANTAGE 1 110.41 110.41 .00 .00 000365 STAPLES ADVANTAGE 1 798.01 798.01 .00 .00 004240 STREICHER'S, INC. 2 258.35 258.35 .00 .00 008195 SWEENEY, MURPHY & SWEENEY, P.A. 1 11,227.32 11,227.32 .00 .00 008376 SWEET CORN & MORE 1 520.00 520.00 .00 .00 000375 SYCOM, INC. 1 3,537.63 3,537.63 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 2 1,687.17 1,687.17 .00 .00 008141 TASC 1 84.15 84.15 .00 .00 004440 TJB HOMES INC. 1 2,450.00 2,450.00 .00 .00 004350 TKDA 10 27,869.79 27,869.79 .00 .00 004469 TOUSLEY FORD, INC. 3 121.70 121.70 .00 .00 11111,23 TWIN CITY FAB, INC. 1 146.04 146.04 .00 .00 .560 U S BANK VISA 1 4,174.21 4,174.21 .00 .00 004606 U S BANK 1 425.00 425.00 .00 .00 900247 UPPER MIDWEST COMMUNITY POLICING INSTITU 1 250.00 250.00 .00 .00 000970 VERIZON WIRELESS 1 590.69 590.69 .00 .00 000293 WIPERS & WIPES, INC. 1 348.41 348.41 .00 .00 008372 JENNIFER WISTRCILL 1 75.00 75.00 .00 .00 004836 SANDIE WOOD 1 74.75 74.75 .00 .00 003250 XCEL ENERGY 6 221.01 221.01 .00 .00 000030 ZIEGLER, INC. 1 83,116.69 83,116.69 .00 .00 Grand Totals: 159 332,377.81 332,377.81 .00 .00. P8 Date: 08/15/2011 Time: 09:00:25 Operator: KKF Ranges: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: (A) (A) (A) (A) (A) (R) 9553 - 9568 (A) Options: Print Ranges /Options: Y # of copies: 1 Page on Department: N Department Vendor Name Description AFSCME COUNCIL #5 AUG. 2011 UNION DUES MASONICK, LOUIS F II PERMIT FEE REFUND LAW ENFORCEMENT LABO AUG. 2011 DUES LEAGUE OF MN CITIES WORKERS COMPENSATION INS MN CHILD SUPPORT PAY CHILD SUPPORT NATIONAL PAYMENT CEN GARNISHMENT Total for Department MAYOR /COUNCIL LEAGUE OF MN CITIES WORKERS COMPENSATION INS Total for Department 401 ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ELECTIONS CABLE FINANCE FINANCE FINANCE FINANCE FINANCE FINANCE FINANCE LEGAL CONSULTANTS LEGAL CONSULTANTS LEGAL CONSULTANTS CITY OF EXCELSIOR OPTUMHEALTH FINANCIA OPTUMHEALTH FINANCIA LEAGUE OF MN CITIES PRESS PUBLICATIONS, TASC Total for CLERKS SOCIAL - J. VIGER JULY 2011 - ELIG PLAN PA JULY 2011 - RETIREES WORKERS COMPENSATION INS ORD 15 -11 PUBLICATION JULY 2011 FLEX ADMIN FEE Department 402 LEAGUE OF MN CITIES WORKERS COMPENSATION INS Total for Department 403 LEAGUE OF MN CITIES WORKERS COMPENSATION INS Total for Department 404 LEAGUE OF MN CITIES MATT PARROTT /STOREY MATT PARROTT /STOREY PRESS PUBLICATIONS, U S BANK VISA U S BANK VISA ROSEVILLE, CITY OF Total for WORKERS COMPENSATION INS CMS LASER A/P CHECK CMS LASER P/R CHECKS FINANCIAL REPORT PUBLICA GFOA PROCESS FEE MNGFOA CONFERENCE REGIS/ AUG. 2011 IT SERVICES Department 407 KENNEDY & GRAVEN, IN GENERAL FINANCIAL RATWIK, ROSZAK & MAL MISC PROF SVCS SWEENEY, MURPHY & SW AUG. 2011 PROSECUTION SE Total for Department 414 ECONOMIC DEVELOPMENT QUAD AREA CHAMBER OF LUNCH & LEARN - REAL EST Amount 769.00 80.00 924.00 78,163.00 698.47 193.37 80,827.84* 25.00 25.00* 37.00 54.76 23.00 776.00 51.68 84.15 1,026.59* 28.00 28.00* 4.00 4.00* 523.00 289.45 289.45 548.55 435.00 225.00 5,769.58 8,080.03* 1,784.75 3,148.31 11,227.32 16,160.38* 15.00 • • Date: 08/15/2011 • Department Time: 09:00:26 Operator: KKF Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description ECONOMIC DEVELOPMENT LEAGUE OF MN CITIES ECONOMIC DEVELOPMENT U S BANK VISA ECONOMIC DEVELOPMENT U S BANK VISA ECONOMIC DEVELOPMENT CROWN TROPHY, INC. PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING ENGINEERING ENGINEERING ENGINEERING COMM DEV POLICE POLICE POLICE POLICE POLICE POLICE POLICE 1111110E :CE ICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE • WORKERS COMPENSATION INS BLOTTING PAPER MN GRANT WRITING USA CLA PICTURE PLAQUE /ENGRAVING Total for Department 415 ANOKA COUNTY LEAGUE OF MN CITIES PRESS PUBLICATIONS, U S BANK VISA TKDA TKDA TKDA STATE DEED TAX & CONSERV WORKERS COMPENSATION INS P & Z PUBLIC HEARING PUB SLUC REGISTRATION Total for Department 416 JULY 2011 CITY MEETINGS JULY 2011 STATE AID /STRE JULY 2011 SURFACE WATER Total for Department 417 LEAGUE OF MN CITIES WORKERS COMPENSATION INS Total for Department 418 STAPLES BUSINESS ADV ANOKA COUNTY CENTRAL ANOKA COUNTY CENTRAL ASPEN MILLS, INC. ASPEN MILLS, INC. VERIZON WIRELESS CONNEXUS ENERGY KEEPRS, INC. KEEPRS, INC. LEAGUE OF MN CITIES OTTER LAKE ANIMAL CA SPARTAN PROMOTIONAL MINNESOTA SHREDDING SAM'S CLUB, INC. SAM'S CLUB, INC. STREICHER'S, INC. STREICHER'S, INC. U S BANK VISA U S BANK VISA U S BANK VISA U S BANK VISA U S BANK VISA U S BANK VISA GLOCK PROFESSIONAL, GLOCK PROFESSIONAL, BESA UPPER UPPER MISC OFFICE SUPPLIES JUNE 2011 VERIZON WIRELE QRTLY STATE ACCESS FEE F B YOUNG UNIFORM ALLOWANC POLICE RESERVES EQUIPMEN MONTHLY CELLULAR PHONE C JULY 2011 ELECTRIC USAGE GLOCK FIRING PIN SPRING SLIDE STOP LEVER (EXTEND WORKERS COMPENSATION INS IMPOUND FEE /CITY BOARDIN NIGHT TO UNITE SUPPLIES SHRED & DESTROY CONFIDEN JULY 2011 CHRGS - FREEZE JULY 2011 CHRGS - MISC P M MONSON UNIFORM ALLOWAN P NOLL UNIFORM ALLOWANCE AMAZON.COM PURCHASE BATTERIES FOR COMPUTER U DUTY BELT SUSPENDERS INVERTERS FOR SQUAD CARS LAPTOP REPLACEMENT BATTE TASER COURSE A. HALVERSON - ARMORER'S M. DEMARS - ARMORERS COU RANGE RENTAL MIDWEST COMMUN MIDWEST COMMUN CHRIS BRAGELMAN- INTERNAL Total for Department 420 Amount 169.00 11.32 425.00 58.89 679.21* 6.65 272.00 35.78 25.00 339.43* 622.49 1,175.82 1,037.49 2,835.80* 376.00 376.00* 798.01 802.02 900.00 13.73 56.75 590.69 21.37 42.65 65.14 21,732.00 194.43 862.31 48.00 42.35 24.62 199.07 59.26 14.16 141.34 199.75 101.77 82.92 350.00 195.00 195.00 220.00 .00 250.00 28,202.36* P9 P10 Date: 08/15/2011 Department Time: 09:00:26 Operator: KKF FM Entry Vendor Name Page: 3 City of Lino Lakes - Invoice Payment - Department Report Description Amount BUILDING INSPECTIONS FRANCIS, LINDA BUILDING INSPECTIONS LEAGUE OF MN CITIES BUILDING INSPECTIONS TKDA BUILDING INSPECTIONS 10,000 LAKES CHAPTER Total for D STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET MILEAGE & USB CABLE REIM 42.64 WORKERS COMPENSATION INS 308.00 JULY 2011 BUILDING PERMI 207.50 V. RYLANDER SEMINAR REGI 85.00 epartment 422 643.14* A & L SUPERIOR SOD C AGGREGATE INDUSTRIES CONNEXUS ENERGY HOME DEPOT CREDIT SE LEAGUE OF MN CITIES XCEL ENERGY T.A. SCHIFSKY AND SO TKDA SLIP'S SHARPENING SE AMERICAN PUMP COMPAN Total for 54 ROLLS SOD 105.03 CONCRETE SAND 226.15 JULY 2011 ELECTRIC USAGE 1,265.33 SEASONAL /GARDEN 43.82 WORKERS COMPENSATION INS 9,407.00 ELECTRIC CHARGE 221.01 AC FINE /MODIFIED ASPHALT 1,687.17 JULY /2011 OTTER LAKE SVC 3,143.21 CHOPSON BLADE SHARPENING 20.00 8" SYKES PUMP RENTAL 834.69 Department 430 16,953.41* SCHARBER & SONS, INC SCHARBER & SONS, INC SCHARBER & SONS, INC POLAR CHEVROLET & MA BAUER BUILT, INC. BEE LINE ALIGNMENT S O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, FORCE AMERICA DISTRI FRATTALLONE'S HARDWA LEAGUE OF MN CITIES MINNESOTA PETROLEUM MTI DISTRIBUTING, IN FACTORY MOTOR PARTS FACTORY MOTOR PARTS FACTORY MOTOR PARTS FACTORY MOTOR PARTS PETTY CASH TOUSLEY FORD, INC. TOUSLEY FORD, INC. TOUSLEY FORD, INC. U S BANK VISA JDI SIGNS & GRAPHICS DAVIS EQUIPMENT CORP LUBRICATION TECHNOLO LUBRICATION TECHNOLO Total for 390 FLAIL MOWER PARTS 62.25 BALL JOINT & BOOT - # 11 357.50 CHARGE AIR CONDITION - # 238.89 SERVICE AIRBAG SYSTEM - 280.79 FH GT Z PUIRSUIT BW 98W 504.37 ALIGNMENT ON UNIT # 375 75.00 BRK CALIPER - # 541 76.24 HYD FILTER - # 249 59.22 OIL FILTER - STOCK 5.53 OIL /FUEL FILTER 25.41 SWAY LINK KIT - # 373 32.51 TQ CALIPERS - # 541 208.83 30 GALLON SLIM -LINE RESE 838.97 PROPANE TANK 16.92 OZ 3.73 WORKERS COMPENSATION INS 687.00 PETROL 51.91 BLADE - ROTARY, HIGH FLOW 180.03 CERAMIC PADS - # 205 57.11 GLT - # 541 119.76 PRO BATT PP66 UN279 - ST 96.02 STRUT PLUS /STABILIZER BA 292.74 MOWER PARTS 5.20 JEWELS - # 363 10.65 JEWELS - # 364 10.85 PARTS & LABOR FUEL LINE 100.00 JACK 26.77 CITY OF LINO LAKES VINYL 629.50 PARTS FOR PROGRESSIVE MO 156.37 1985.2 GALLONS UNL 6,965.69 500 GALLONS ULS RED B5 1,731.51 Department 431 13,890.55* Date: 08/15/2011 Time: 09:00:26 Operator: KKF • Department Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS PARKS PARKS PARKS PARKS PARKS KS -s .<KS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS RECREATION RECREATION RECREATION • ACE SOLID WASTE, INC DEEP ROCK WATER COMP WIPERS & WIPES, INC. AMERIPRIDE LINEN /APP C. P. OFFICE PRODUCT CENTENNIAL UTILITIES CONNEXUS ENERGY LEAGUE OF MN CITIES IMAGE PRINTING & GRA CENTERPOINT /MINNEGAS CENTERPOINT /MINNEGAS CENTERPOINT /MINNEGAS PETTY CASH PITNEY BOWES, INC. SAM'S CLUB, INC. U S BANK VISA COMCAST COMCAST STAPLES ADVANTAGE ROSEVILLE, CITY OF Total for D RUBBISH /RECYCLE REMOVAL LLPW BOTTLED WATER KLEENEX ROLL TOWEL MONTHLY RUG /MAT REPLACEM TONER JULY 2011 GAS USAGE -TOWN JULY 2011 ELECTRIC USAGE WORKERS COMPENSATION INS BUSINESS CARDS GAS USAGE - # 5890185 GAS USAGE - # 5946727 GAS USAGE - # 5956628 CHARCOAL POSTAGE MACHINE SUPPLIES JULY 2011 CHRGS - MISC 0 HP LASERJET P4015DN CART MONTHLY INTERNET CHRGS -C MONTHLY INTERNET CHRGS -L HP TONER AUG. 2011 PHONE SERVICES epartment 432 PLAYPOWER LT FARMING ACE SOLID WASTE, INC CENTENNIAL UTILITIES CENTENNIAL UTILITIES CENTENNIAL UTILITIES CONNEXUS ENERGY FLANAGAN SALES, INC. LEAGUE OF MN CITIES CENTERPOINT / MINNEGAS CENTERPOINT /MINNEGAS U S BANK VISA BIFF'S INC. BIFF'S INC. BIFF'S INC. BIFF'S INC. BIFF'S INC. BIFF'S INC. BIFF'S INC. BIFF'S INC. BIFF'S INC. BIFF'S INC. BIFF'S INC. BIFF'S INC. SLIDE DBL WI 915 MM SPTR RUBBISH /RECYCLE REMOVAL JULY 2011 GAS USAGE -6811 JULY 2011 GAS USAGE -6918 JULY 2011 GAS USAGE -7204 JULY 2011 ELECTRIC USAGE WOOD CHIPS SAFETY SURFAC WORKERS COMPENSATION INS GAS USAGE - # 5882973 GAS USAGE - # 5990462 FILTERS FOR WADING POOL RUBBISH REMOVAL /68088: B RUBBISH REMOVAL /68089: L RUBBISH REMOVAL /66090: C RUBBISH REMOVAL /68093: M RUBBISH REMOVAL /68094: H RUBBISH REMOVAL /66095: C RUBBISH REMOVAL /68096: B RUBBISH REMOVAL /68097: S RUBBISH REMOVAL /68098: R RUBBISH REMOVAL /66099: R RUBBISH REMOVAL /68100: R RUBBISH REMOVAL /68101: C Total for Department 450 LEAGUE OF MN CITIES WORKERS COMPENSATION INS PETTY CASH ICE & SUPPLIES SAM'S CLUB, INC. JULY 2011 CHRGS - PLAY G 468.14 16.76 348.41 141.87 201.99 694.02 1,068.17 955.00 94.64 19.28 31.70 43.52 6.71 93.78 82.08 69.14 34.95 34.95 110.41 951.30 5,466.82* 581.40 127.38 17.08 26.62 17.08 67.37 3,767.34 2,716.00 18.31 12.86 57.31 42.79 42.79 42.79 42.79 57.79 42.79 42.79 128.36 41.27 42.79 42.79 100.57 8,079.06* 710.00 11.86 20.00 P11 P12 Date: 08/15/2011 Time: 09:00:26 Department RECREATION RECREATION RECREATION Operator: KKF Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description ENVIRONMENTAL ENVIRONMENTAL SOLID WASTE FORESTRY FORESTRY PROGRAM REC ADULT SPORTS ADULT SPORTS ADULT SPORTS ADULT SPORTS OTHER SPECIAL EVENTS /TRIPS SPECIAL EVENTS /TRIPS SPECIAL EVENTS /TRIPS SPECIAL EVENTS /TRIPS SPECIAL EVENTS /TRIPS SPECIAL EVENTS /TRIPS SPECIAL EVENTS /TRIPS SPECIAL EVENTS /TRIPS SPECIAL EVENTS /TRIPS U S BANK VISA U S BANK VISA U S BANK VISA ART CAMP & PLAYGROUNG SU MRPA ANNUAL CONFERENCE PLAYGROUND SUPPLIES Total for Department 451 BROCK WHITE COMPANY, SPRAY PAINT INV TIP WHIT LEAGUE OF MN CITIES WORKERS COMPENSATION INS Total for Department 461 LEAGUE OF MN CITIES WORKERS COMPENSATION INS Total for Department 462 LEAGUE OF MN CITIES WORKERS COMPENSATION INS JRK SEED AND TURF SU ARBORPLUGS #3 100PK Total for Department 463 Total for Fund 101 LEAGUE OF MN CITIES HALBUR, AMY DOCKENDORF, BRIAN LEMON, AMY GILITZER, NATE SILER, PAUL JOHNSON, MISTY SHORTRIDGE, PAT SLIPKA, MEGAN Total for LEAGUE OF MN CITIES Total for MRPA CROWN TROPHY, INC. JENSEN, DONALD LEE GOFF, DANIEL L. Total for CARVER, KIM Total for WORKERS PROGRAM COACHES COACHES COACHES COACHES PROGRAM PROGRAM PROGRAM COMPENSATION INS REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND - ART CAM Department WORKERS COMPENSATION INS Department 200 HOME DEPOT CREDIT SE PETTY CASH PETTY CASH SAM'S CLUB, INC. SAM'S CLUB, INC. U S BANK VISA U S BANK VISA U S BANK VISA U S BANK VISA TEAM REGISTRATION FEES PLATE PLAQUE /ENGRAVING CONTRACTED SPORTS OFFICI CONTRACTED SPORTS OFFICI Department 202 ROOM DEPOSIT REFUND Department 204 ART CAMP SUPPLIES FLOSS & STRING PARKING JULY 2011 CHRGS - CORN R JULY 2011 CHRGS - PUPPET ART CAMP & PLAYGROUNG SU ART CAMP SUPPLIES ART CAMP /PLAYGROUND SUPP CORN ROAST SUPPLIES Amount 29.76 660.00 17.13 1,448.75* 162.11 68.00 230.11* 53.00 53.00* 272.00 102.60 374.60* 185,724.08* 1,793.00 20.00 30.00 35.00 40.00 17.50 30.00 85.00 50.00 2,100.50* 897.00 897.00* 420.00 47.03 261.25 470.00 1,198.28* 50.00 50.00* 14.60 8.33 5.00 268.05 14.01 141.02 166.66 113.00 49.21 • Date: 08/15/2011 Time: 09:00:26 Operator: KKF • Department Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount SPECIAL EVENTS /TRIPS SPECIAL EVENTS /TRIPS SPECIAL EVENTS /TRIPS SPECIAL EVENTS /TRIPS SPECIAL EVENTS /TRIPS SPECIAL EVENTS /TRIPS U S BANK VISA U S BANK VISA U S BANK VISA U S BANK VISA BIFF'S INC. SWEET CORN & MORE FIELD TRIP FIELD TRIP TICKETS MICHAELS RETURN PLAYGROUND SUPPLIES RUBBISH REMOVAL /69918: 6 CORN ROASTER RENTAL /LP /C Total for Department 205 YOUTH INSTRUCTIONAL PETTY CASH TISSUE Total for Department 207 YOUTH SPORTS YOUTH SPORTS FLEET FLEET FLEET FLEET • OTHER OTHER OTHER OTHER OTHER • PETTY CASH BAGS WISTRCILL, JENNIFER PROGRAM REFUND Total for Department 208 Total for Fund 201 U. S. BANK BONDS 2010A - LL MN GO I Total for Department Total for Fund 334 ZIEGLER, INC. CATERPILLAR 420EH2 & BAC EMERGENCY AUTOMOTIVE CERTIFICATE # 502 ANOKA COUNTY LICENSE VEHICLE REGISTRATION & T WOOD, SANDIE CHANGE OF CLASS -REG., TA Total for Department 431 TKDA Total for Fund 402 JULY /2011 OTTER LAKE RD Total for Department 499 Total for Fund 406 KENNEDY & GRAVEN, IN LEGACY AT WOODS EDGE TIF Total for Department 499 TKDA TKDA Total for Fund 418 JULY 2011 OVERLAY PROJEC JULY 2011 SEALCOAT PROJE Total for Department 499 Total for Fund 421 RATWIK, ROSZAK & MAL MISC PROF SVCS - CONTRAC Total for Department 499 Total for Fund 422 109.50 276.00 -17.10 36.10 165.66 520.00 1,870.04* 7.76 7.76* 2.67 75.00 77.67* 6,201.25* 425.00 425.00* 425.00* 83,116.69 349.45 6,912.43 74.75 90,453.32* 90,453.32* 2,646.05 2,646.05* 2,646.05* 620.75 620.75* 620.75* 1,244.97 5,908.30 7,153.27* 7,153.27* 145.00 145.00* 145.00* P13 P14 Date: 08/15/2011 Time: 09:00:26 Operator: KKF Department Page: 7 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description OTHER OTHER OTHER OTHER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER KENNEDY & GRAVEN, IN I -35 & MAIN STR INTERCHA RATWIK, ROSZAK & MAL MISC PROF SVCS - DEFFERE Total for Department 499 TKDA TKDA Total for Fund 474 JULY /2011 BIRCH ST /WARE JULY /2011 MAIN ST /LAKE D Total for Department 499 Total for Fund 475 LEAGUE OF MN CITIES WORKERS COMPENSATION INS Total for Department FERGUSON WATERWORKS SYCOM, INC. CONNEXUS ENERGY 26 TYLER VB SCR TOP L /LI REPAIRS /PARTS FOR MISC L JULY 2011 ELECTRIC USAGE HOME DEPOT CREDIT SE SEASONAL /GARDEN LEAGUE OF MN CITIES WORKERS COMPENSATION INS MATT PARROTT /STOREY CMS LASER A/P CHECK MATT PARROTT /STOREY CMS LASER P/R CHECKS CENTERPOINT / MINNEGAS GAS USAGE - # 5883158 CENTERPOINT /MINNEGAS GAS USAGE - # 5883220 CENTERPOINT /MINNEGAS GAS USAGE - # 5973465 PETTY CASH OIL TKDA U S BANK VISA U S BANK VISA Total for Total for LEAGUE OF MN CITIES Total for JULY 2011 UTILITY CONNEC ANTENNA & MOUNTING KIT PC POOLS Department 494 Fund 601 WORKERS COMPENSATION INS Department SYCOM, INC. TWIN CITY FAB, INC. CENTENNIAL UTILITIES CONNEXUS ENERGY FRATTALLONE'S HARDWA HOME DEPOT CREDIT SE HOME DEPOT CREDIT SE LEAGUE OF MN CITIES MATT PARROTT /STOREY MATT PARROTT /STOREY CENTERPOINT /MINNEGAS CENTERPOINT /MINNEGAS CENTERPOINT /MINNEGAS TKDA REPAIRS /PARTS FOR MISC L 3/16 ALUM FORMED PANEL JULY 2011 GAS USAGE -SUNR JULY 2011 ELECTRIC USAGE CHISEL BRICK SET /CUT KEY PLUMBING SEASONAL /GARDEN WORKERS COMPENSATION INS CMS LASER A/P CHECK CMS LASER P/R CHECKS GAS USAGE - # 7729114 -4 GAS USAGE - # 8299102 -7 GAS USAGE - # 8716381 -2 JULY 2011 UTILITY CONNEC Amount 105.00 159.50 264.50* 264.50* 5,274.95 4,949.02 10,223.97* 10,223.97* 2,684.00 2,684.00* 1,091.02 1,768.82 1,658.40 20.23 1,342.00 48.25 48.25 12.86 58.76 13.47 11.22 449.58 112.83 160.28 6,795.97* 9,479.97* 5,094.00 5,094.00* 1,768.81 146.04 17.08 415.28 24.69 10.51 62.60 2,547.00 48.25 48.25 17.73 14.68 12.86 449.58 • Date: 08/15/2011 Time 09:00:26 Operator: KKF • Department Page: 8 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount SEWER SEWER • • U S BANK VISA ANTENNA & MOUNTING KIT HD SUPPLY WATERWORKS 8" BALL CHECK & PARTS Total for Department 495 Total for Fund 602 BLUE TOW SERVICE, IN BLUE TOW SERVICE, IN COMMISSIONER OF FINA TKDA TKDA TKDA TKDA TJB HOMES INC. U S BANK VISA ANOKA COUNTY ATTORNE RATWIK, ROSZAK & MAL RATWIK, ROSZAK & MAL TOW '07 BLK BEL -ARE PRIM TOW '08 WHT CHEV SILVERA FORFEITURE OF PROPERTY S JULY 2011 /ARNT JULY 2011 /YMCA JULY /2011 GRANDVIEW JULY /2011 THE PRESERVE BUILDING PERMIT ESCROW R EMPLOYEE RECOGNITION FORFEITURE OF PROPERTY S MISC PROF SVCS - HIGHLAN MISC PROF SVCS - YMCA PA Total for Department Total for Fund 801 Grand Total 112.82 2,817.09 8,513.27* 13,607.27* 180.80 196.38 470.45 276.66 207.50 69.17 207.50 2,450.00 42.52 940.90 87.00 304.50 5,433.38* 5,433.38* 332,377.81* P15 • • • CITY COUNCIL WORK SESSION August 1, 2011 DRAFT DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : August 1, 2011 . 6:23 p.m. 7:10 p.m. : Council Members Rafferty, O'Donnell, Mayor Reinert : Council Members Roeser and Gallup Staff members present: City Administrator Jeff Karlson; Community Development Director Michael Grochala; City Engineer Jason Wedel; City Planner Jeff Smyser; Public Safety Director John Swenson; City Clerk Julie Bartell 1. 7301 Apollo Court — Zoning Violation, Jenmar Equity, LLC — Community Development Director Grochala reviewed the situation regarding the property at 7301 Apollo Drive. The property owner, Mark Deitz of Jenmar Equity LLC, and his attorney Mr. Bill Griffith, informed the council at a recent Open Mike of certain concerns about the city's finding of violations at the property. The city has found that the existing outdoor storage on the property is in violation of the city zoning ordinance and that the property would not qualify for a conditional use permit to allow the outdoor storage to continue. The property owner is requesting that the council allow the condition to remain, however, Mr. Grochala explained that the council doesn't have the authority to do so except by approving a zoning ordinance amendment impacting all like properties. The council viewed photos of the site and the location. The mayor noted that the city council generally does not consider variances as a way to solve zoning issues but rather prefers to look at code changes when that is considered appropriate; at this time it hasn't been determined that it is appropriate in this case. When the property owner asked about obtaining an interim use permit (as is done in other cities), staff explained that it would require a code change but he added that one was accommodated recently for the I35E batch plant operations. Such a permit would have a time limitation and this situation may not be open to change even in a three year period. The property owner's attorney offered that the owner would be willing to move things that are located outside as quickly as possible through the industrial process and also to add fencing to the area; they would understand the need to look again at the situation again after an interim period such as three years. When a council member asked for an explanation of what's going on in the building, Mr. Dietz explained the operations, pointing out that there is no room inside the facility for the materials in question. The council concurred that they are interested in helping a viable business to remain in the city and recommended that the matter be referred to the Planning and Zoning Board for review with a recommendation that it will be key to have an "end game" in any solution. Community Development Director Grochala noted that he will recommend to the owner that he apply for a code amendment to get that process going. 1 P16 P17 CITY COUNCIL WORK SESSION August 1, 2011 DRAFT 44 2. Issue Tracker Demonstration, Jason Wedel — City Engineer Wedel gave a 45 demonstration of the Issue Tracker system that his firm offers as part of their services to 46 the city. The computer program will assist the city in tracking its issues and projects. 47 Information can be continually updated and allows for citywide tracking of data. He wills 48 end a link to the council members so they can review the program. 49 3. 80th Avenue — Zoning Complaint Update — Community Development Director 50 Grochala recalled that a concern was brought forward to the council about and operation 51 believed to be in violation of the city code at 2122 80th Street. Staff has investigated the 52 situation and discussed site operations with the property and business owner. There are 53 ongoing concerns about the situation in the area of identifying the property use, the 54 amount of junk located on the property and the oversized vehicles that are located on the 55 property. Staff is working with the city attorney to answer outstanding questions, will 56 continue enforcement as appropriate, and will continue to report to the council as new 57 information becomes available. 58 4. Election related Charter Amendments — City Clerk Bartell recalled that the 59 council had previously received information on two areas of the City Charter that are 60 problematic in relation to recently passed state election law that changes dates for certain 61 election activities such as absentee voting. Specifically in the area of filing period dates, 62 the language currently in the City Charter would dictate a filing period open past the time 63 when names can be submitted to the county for inclusion on the ballot. Also, the Charter 64 section on public improvements contains language that is impacted by pre- election dates 65 (submission of ballot language). Staff brought the matter to the Lino Lakes Charter 66 Commission for their consideration of moving technical changes forward for 67 consideration as amendments by ordinance (not to the ballot). The Commission has 68 forwarded a response that they are interested in considering the amendments but would 69 need the city to authorize reasonable funding above their regular budget for their attorney 70 to provide a review to them of the proposed amendments. 71 The Council suggested that city staff should be given an opportunity to answer any 72 outstanding questions about the amendments and, if questions do remain, they encourage 73 the Commission to utilize their existing budget for review costs. 74 75 The city administrator noted that the Charter Commission has delivered some other 76 charter amendments that they propose be adopted by ordinance. As required by state 77 statute, a public hearing is being scheduled at the council meeting of September 12 for 78 those amendments. 79 5. Weekly Progress Report — The city administrator reviewed the report. 80 Regular Council Agenda - The agenda was reviewed. 81 82 Item 6A, Oppidan proposal for a Grocery Store Development Near Hodgson Road 83 and County Road J — City Planner Smyser noted that the city has received a concept • • CITY COUNCIL WORK SESSION August 1, 2011 DRAFT 84 review plan for a development that includes a grocery store, liquor store and multi -unit 85 building. Looking at the plans included in the staff report, he noted that those indicated for 86 the future are not to be considered a part of the current proposal. He reviewed the plans and 87 told the council that this would be an informal review and comment period; the plans have 88 been run through the advisory boards and their comments are attached to the report. At this 89 time staff is looking for an informal council review and to receive comments from the 90 council. 91 92 The meeting was adjourned at 8:30 p.m. 93 94 These minutes were considered, corrected and approved at the regular Council meeting held on 95 August 22, 2011. 96 97 98 99 100 Julianne Bartell, City Clerk Jeff Reinert, Mayor 101 3 P18 • • • 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 CLOSED COUNCIL SESSION August 1, 2011 DRAFT DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES CLOSED COUNCIL SESSION : August 1, 2011 . 6:23 p.m. . 7:10 p.m. : Council Members Rafferty, O'Donnell, Mayor Reinert : Council Members Roeser and Gallup Staff present: City Administrator Jeff Karlson; Director of Public Safety John Swenson; League of Minnesota Cities (LMC) Attorney James Monge. Mayor Reinert noted that the work session would be closed at 6:23 p.m. in the Community Room at Lino Lakes City Hall. The meeting was convened as a closed session of the city council pursuant to the Open Meeting Law for the express purpose of discussing attorney- client communications in the matter of Sawh v. Lino Lakes. P19 The meeting was not recorded. At 7:10 p.m. Council Member Rafferty moved that the closed session end and the work session be opened. Council Member O'Donnell seconded the motion. Motion carried on a voice vote. These minutes were considered, corrected and approved at the regular Council meeting held on August 22, 2011. Julianne Bartell, City Clerk Jeff Reinert, Mayor COUNCIL MINUTES August 8, 2011 DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : August 8, 2011 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 8:00 p.m. 8 MEMBERS PRESENT : Councilmember Gallup, O'Donnell, Rafferty, 9 Roeser, and Mayor Reinert 10 MEMBERS ABSENT : none 11 12 Staff members present: City Administrator Jeff Karison; Community Development Director Michael 13 Grochala; Public Safety Director John Swenson; Public Services Director Rick DeGardner; City 14 Planner Jeff Smyser. 15 16 PUBLIC COMMENT 17 18 Tracey Jansen, 1205 Buckthorn Lane, proposes the installation of a removable fence adjacent to their 19 home. She and her husband have safety and other concerns that could be addressed by such a fence. 20 21 The council will discuss the matter at the next regular work session. 22 • 23 SETTING THE AGENDA 24 25 The agenda was approved as presented. 26 27 SPECIAL PRESENTATION 28 29 The council gave special recognition to Lynn Bergman who has been the coordinator of the Lino 30 Lakes Ambassadors program for eight years. She has contributed many hours and much energy to 31 the events and duties associated with the Lino Lakes Ambassador program. 32 33 Mayor Reinert presented Ms. Bergman with a plaque from the city with much appreciation. 34 35 The council also met the candidates for this year's ambassador's positions: Katlynn Alm, Cassie 36 Clark, Becca Hiiva, Sara Hovseth, Katie Lincoln, Sally Luikart, Caitlin Pederson, Eva Schmidt and 37 Mary Ellen Wies. (not able to attend were candidates Francis Barriga and Briza Bohne). A 2010 38 Ambassador, Alyssa Andersen, presented the city with awards received for this city during the past 39 year. 40 41 CONSENT AGENDA 42 43 Council Member O'Donnell moved to approve the Consent Agenda, Items 1A through 1D. Council 44 Member Gallup seconded the motion. Motion carried on a unanimous voice vote. • 45 COUNCIL MINUTES August 8, 2011 DRAFT 46 ITEM ACTION 47 48 Consideration of Expenditures: 49 50 August 8, 2011 (Check No. 91259 - 51 91345, $439,756.32) Approved 52 53 Centennial Fire District (Check No. 4885 - 54 4933, $20,900.25) Approved 55 56 July 25, 2011 Council Work Session 57 Minutes Approved 58 59 July 25, 2011 City Council Meeting 60 Minutes Approved 61 62 Resolution No. 11 -80, Special Event Permit 63 and Temporary Liquor License for American 64 Legion Post 566, Blue Heron Days Picnic Approved 65 66 FINANCE DEPARTMENT REPORT, AL ROLEK 67 68 There was no report from the Finance Department. 69 70 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 71 72 There was no report from the Administration Department 73 74 PUBLIC SAFETY DEPARTMENT REPORT, JOHN SWENSON 75 76 4A, Authorization to accept grant funding from Century College — Public Safety Director 77 Swenson reported that the city has had a partnership with the college through a grant. At this time 78 the college is interested in making videos for their course curriculum; the city would benefit by 79 receiving some video equipment for squad cars. 80 81 Council Member Rafferty moved to accept the grant funding from Century College. Council Member 82 Roeser seconded the motion. Motion carried on a unanimous voice vote. 83 84 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 85 86 5A, Resolution No. 11 -81, Awarding a cleaning contract to Jani -King of Minnesota, Inc. - 87 Public Services Director DeGardner reported that staff has explored options relating to the provision 88 of cleaning services at the Lino Lakes City Hall and public works complex. Currently the city 89 employs a full time custodian as well as two part time staff members to provide cleaning services. 90 Based on proposals received for contract cleaning services, the city could realize an annual savings of • 2 COUNCIL MINUTES August 8, 2011 DRAFT Aft 91 approximately $50,000. Staff is recommending that the council authorize staff to enter a contract 92 with Jani -King of Minnesota, Inc. 93 94 Council Member Rafferty moved to approve Resolution No. 11 -81 as presented. Council Member 95 Gallup seconded the motion. Motion carried on a unanimous voice vote. 96 97 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 98 99 6A, Concept Plan Review, Oppidan Grocery Store Proposal, Hodgson Road near County Road 100 J — City Planner Smyser reviewed the plans that have been submitted. Plans include a grocery store, 101 an attached liquor store and a multi - tenant building. Those items indicated on the map as future 102 development are not proposed at this time. Mr. Smyser noted the master planning done for the 103 vicinity and revisions that would be required based on the proposal. The purpose of a concept review 104 is to solicit informal review and comment on the project's acceptability in relation to the 105 comprehensive plan and the city's development regulations; it is not an approval process. Public 106 comments have already been received at several advisory board meetings. He discussed the project in 107 relation to the city's comprehensive plan. Mr. Smyser reviewed his written report that addressed the 108 site, layout and proposed buildings; roads, access and circulations; utilities; landscaping, open space 109 and lighting; and comments received from the Planning and Zoning Board, Economic Development 110 Advisory Board, Environmental Board, as well as from adjacent jurisdictions. 111 112 Kathy Dzik, 268 Rohavic Lane, told the council that she lives behind the 49 Club property and urges .113 the council to consider the big box store this represents. She doesn't think the neighborhood justifies 114 that kind of store. There is other space available that is more appropriate. She would be in favor of 115 smaller market type store. She is very apprehensive of the noise and truck activity levels and she is 116 quite familiar with the operations because she works at a grocery store. Development in the area is 117 needed but a big box isn't what the area needs. 118 119 Bill Olson, 223 Woodridge Lane, has lived in the city since 1993 and loves living in Lino Lakes. 120 He's been involved throughout the master planning process and other discussions since then. He is 121 very concerned about the development and the negative impact this development could have on it. 122 Trucks and noise will be a problem. 123 124 David Puckett, 214 Woodridge Court, presented information from the 2005 city qualify of life survey 125 on why people live in the city: rural feeling, lack of interest in additional grocery store, and concern 126 that residents have about too much growth. He also presented information on the mayor's campaign 127 statements about development. 128 129 Council comments included acknowledgement that the council continues to hear the same comments 130 from residents concerned about this type of development at the proposed location and impacts on the 131 neighborhood. Also that a big box facility doesn't fit in the area. The desire for development is 132 clear but the size of the development is a concern. The council sees the public comments outlined in 133 the report and sees the same concerns echoed time and time again. It is recognized that the 134 development needs to be a certain size in order to succeed but the big box is a concern. Hours of 135 operation, deliveries, and roadway use could all be problematic. There continues to be hope that the 3 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 COUNCIL MINUTES August 8, 2011 DRAFT right development can be found for a site that really should be developed. A council member had visited like developments in other areas as well as smaller facilities; he feels the need to seek something smaller and would be more comfortable with that. The developer was asked about the possibility of including something like senior housing that would help bring in the infrastructure without the need for a big box, and the developer responded that it is sometimes possible to do peripheral development (and he gave examples where it has worked) and that the proposal before the council now would be a kick start for that type of development. The developer added that they have pushed the size of the facility as far down as they can in consideration of the market. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS There was no New Business. COMMUNITY CALENDAR • Wednesday, August 10 Monday, August 22 4. Monday, August 22 Community Calendar— A Look Ahead August 9, 2011 through August 22, 2011 6:30 pm, Council Chambers 5:30 pm, Community Room 6:30 pm, Council Chambers Planning & Zoning Bd Council Work Session City Council Meeting ADJOURN There being no further business, Council Member Rafferty moved to adjourn at 8:00 p.m. Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. These minutes were considered and approved at the regular Council Meeting, August 22, 2011. Julianne Bartell, City Clerk Jeff Reinert, Mayor 4 P20 • • AGENDA ITEM 4A STAFF ORIGINATOR John E. Swenson Public Safety Director /Chief of Police DATE August 22, 2011 TOPIC Authorization to accept grant funding from Minnesota Institute of Public Health VOTES REQUIRED: Simple Majority BACKGROUND: The Minnesota Institute of Public Health (MIPH) has awarded the LLPD with a Alcohol Compliance Check grant. The LLPD has received this grant in the past, which allows the police department to offset cost associated with conducting alcohol compliance checks. MIPH will reimburse City of Lino Lakes thirty dollars per license check conducted. Currently, there are nine businesses selling alcohol in City of Lino Lakes; therefore the reimbursement amount would two hundred seventy dollars for fall 2011 and spring 2012 compliance checks. In order to comply with grant requirement, the LLPD will complete two alcohol compliance checks of all businesses licensed to sell alcohol. This first compliance check must be completed by December 15, 2011 and second compliance check must be completed between January 1, 2012 and May 31, 2012. As required in the grant, the LLPD will send a media release out regarding the compliance check and will send out a second media release announcing the results of the compliance check once completed. The LLPD is proud to partner with the MIPH to keep alcohol out of the hands of minors. This grant will assist the police department in our continued efforts in this important initiative. OPTIONS: 1. Authorize acceptance of the Minnesota Institute of Public Health — Alcohol Compliance Check grant. 2. Request further information from staff. IIIRECOMMENDATION Option No. 1 • • • AGENDA ITEM 4B STAFF ORIGINATOR John E. Swenson Chief of Police DATE August 22, 2011 TOPIC Consideration of Resolution No. 11 -83, Approving a Master Joint Powers Agreement with the Minnesota Bureau of Criminal Apprehension VOTES REQUIRED: Simple Majority BACKGROUND: The State of Minnesota Bureau of Criminal Apprehension (BCA) provides law enforcement agencies throughout Minnesota with a variety of services and connection essential to public safety. In an effort to reduce paperwork, the BCA has created a new Master Joint Powers Agreement (JPA) which will include all services and connection in one JPA. Previously the BCA required a JPA for each service or connection. This new Master JPA will not increase any cost to the City for services currently received. The BCA is currently providing the LLPD with the following services /connections: Criminal Justice Data Network (CJDN) Court Information Access (eCharging) Computerized Criminal History MN Repository Arrest Photos (MRAP) Predatory Offender Registration (POR) Criminal History Record Maintenance System (CHARMS) As part of the eCharging service for the LLPD, the contracted city prosecutor will also need access. Also included in this resolution is a second JPA authorizing the City of Lino Lakes Prosecutor, Sweeney, Murphy & Sweeny P.A., to have access to eCharging. This is vitally important to the full implementation to eCharging, which will enable the LLPD staff to electronic communicate with City Prosecuting Attorney, County Attorney's office and the Minnesota State Court System. P21 P22 OPTIONS: 1. Adopt Resolution No. 11 -83, Approving the State of Minnesota Joint Powers Agreement. 2. Return the Resolution to staff for further information. RECOMMENDATION Option No. 1 • it Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 11 -83 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF LION LAKES ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Lino Lakes on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. • NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota as follows: • 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Lino Lakes on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. 2. That the Chief of Police, John Swenson, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Captain Kent Strege is appointed as the Authorized Representative's designee. 3. That the Chief of Police, John Swenson, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. P23 P24 To assist the Authorized Representative with the administration of the agreement, Captain Kent Strege is appointed as the Authorized Representative's designee. 4. That Jeff Reinert, the Mayor for the City of Lino Lakes, and Julie Bartell, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Adopted by the Council of the City of Lino Lakes this 22th day of August 2011. Jeff Reinert, 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: • • • • • • AGENDA ITEM 6A STAFF ORIGINATOR: Mary Alice Divine DATE: August 22, 2011 TOPIC: Public Hearing: Consideration of Resolution No. 11- 87, Modifying Development Program for Development District No. 1 and TIF Plan for Tax Increment Financing District No.1 -10 Vote Required: Simple Majority BACKGROUND: Special legislation was passed in the Minnesota Legislature this session. Minnesota Laws, Ch. 112, Art.11, Section 18 authorizes the City to extend the duration of Lino Lakes Tax Increment Financing District No. 1 -10, located along Lake Drive, through December 31, 2023. If the city elects to use this authority, it must use increments collected from the district after February 1, 2011, to pay debt service on bonds issued to finance the I -35W /County Highway 23 interchange reconstruction and the improvements serving Legacy at Woods Edge development. These expenditures would not be subject to the general law restrictions on pooling, including the 5- year rule, and limits on the type of purposes for which economic development district increments may be spent. As required by Minnesota Statutes, Section 469.175, Development District No. 1 and the Plan for TIF District 1 -10 must now be modified to reflect the extended duration of the district and the increased budget, and to ensure that the modification conforms to the Comprehensive Plan. The new legislation was approved by Centennial School District and Anoka County, and the draft plan modification was sent to them for review and comment. The Planning and Zoning Board found the plan consistent with the Comprehensive Plan at its meeting on August 10, 2011. According to Minnesota Statutes, a public hearing before the City Council is required before consideration of approval of a modification of a TIF District. RECOMMENDATION: Open the public hearing. P25 P26 CITY OF LINO LAKES RESOLUTION NO. 11 -87 RESOLUTION MODIFYING DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND TIF PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 -10 WHEREAS, the City of Lino Lakes ( "City ") and the Lino Lakes Economic Development Authority (the "Authority ") created and administer Development District No. 1 (the "Development District ") under Minnesota Statutes, Sections 469.124 to 469.134 (the "Municipal Development Act: "); and WHEREAS, within the Development District, the Authority and City previously established Tax Increment Financing District No. 1 -10 (the "TIF District ") pursuant to Minnesota Statutes, Sections 469.174 to 469.1799 (the "TIF Act: "); and WHEREAS, under 2011 Minnesota Laws, Ch. 112, Art. 11, Section 18 (the "Special Law "), the Authority is authorized to collect tax increments from the TIF District through December 31, 2023 and use such increments to pay debt service on bonds issued to finance the interchange of Anoka County Highway 23 and Interstate 35W (the "TIF Bonds "), and bonds issued to finance public improvements serving the development known as Legacy at Woods Edge (the "Improvement Bonds "); and WHEREAS, the City and Authority have determined to modify the tax increment financing plan for the TIF District in order to implement the Special Law, and to that end have caused to be prepared an amended Development Program (the "Amended Program ") for the Development District and an amended Tax Increment Financing Plan (the "Amended TIF Plan") for the TIF District; and WHEREAS, the Authority and City have performed all actions required by law to be performed prior to the adoption of the Amended Program and the Amended TIF Plan, including but not limited to notification of Anoka County and School District No. 12 District, review of and written comment on the Amended Program and Amended TIF Plan by the City Planning Commission, and publication of a notice of public hearing; and WHEREAS, on this date the City Council held a public hearing regarding the Amended Program and Amended TIF Plan at which all persons were given the opportunity to be heard; and WHEREAS, the Authority is expected to approve the Amended Program and the Amended TIF Plan shortly after action by this Council on this Resolution. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes as follows: • • • • • Section 1. Findings; Development District. 1.01. It is hereby found and determined that within the District there is a need to improve the tax base and employment opportunities, and to provide an impetus for commercial development. 1.02. It is further specifically found and determined that, as authorized by the Special Law, tax increment from the TIF District will be used to will help finance critical public infrastructure that was needed to facilitate existing and future development described in the Program as modified. Section 2. Findings; TIF District No.1 -10. 2.01. It is found and determined that it is necessary and desirable for the sound and orderly development of the District, and for the protection and preservation of the public health, safety, and general welfare, that the authority of the TIF Act be exercised by the City to provide public financial assistance to the TIF District and Development District. 2.02. The City reaffirms that development proposed in the original TIF Plan, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the Amended TIF Plan. 2.03. The Amended TIF Plan conforms to the general plan for the development of the City as a whole. 2.04. The Amended TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the TIF District and the District by private enterprise. 2.05. The TIF District remains an economic development district under Section 469.174, Subd. 12 of the TIF Act, but in accordance with the Special Law, tax increments may be spent to pay debt service on the TIF Bonds and the Improvement Bonds. 2.06. Reasons and facts supporting the above findings are set forth in the original TIF Plan and are incorporated herein by reference. The City further finds that the Special Law expressly authorizes use of tax increments from the TIF District to pay debt service on the TIF Bonds and Improvements Bonds, both of which bonds were issued in order to make development of the TIF District and Development District feasible as described in the original findings for establishment of the TIF District. As such, the Amended TIF Plan implements the Special Law and helps the Authority and City to continue financing the critical infrastructure described in the original TIF Plan. Section 3. Further Proceedings. 3.01. The Amended TIF Plan and Amended Program are approved in substantially the form on file in City all, conditioned only upon adopted by the Authority of a resolution approving the Amended Program and Amended TIF Plan. 390470v1 SJB LN140 -80 2 P27 P28 3.02. After approval by the Authority, the Community Development Director is authorized to forward a copy of the Amended Program and the Amended TIF Plan to the Office of the State Auditor and the Minnesota Commissioner of Revenue pursuant to Minnesota Statutes 469.175, subd. 4a. Approved this 22 "d day of August, 2011 by the City Council of the City of Lino Lakes, Minnesota. ATTEST: City Clerk 390470v1 SJB LN140 -80 3 Mayor • • DEVELOPMENT PROGRAM DEVELOPMENT DISTRICT NO. 1 LINO LADS ECONOMIC DEVELOPMENT AUTHORITY August 5, 2011 This document drafted by: KENNEDY & GRAVEN, CHARTERED 470 Pillsbury Center Minneapolis, MN 55402 (612) 337 -9300 LN 140 -80 390136v2 SJB LN140 -80 P29 P30 TABLE OF CONTENTS Page MODIFIED DEVELOPMENT DISTRICT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 Subsection A. Subsection B. Subsection C. Subsection D. Subsection E. Subsection F. Subsection G. Subsection H. Subsection I. Subsection J. Subsection K. Subsection L. LN 140 -81 390136v2 SJB LN140 -80 Definitions 1 Statutory Authority 2 Statement of Public Purpose 2 Statement of Objectives 2 Environmental Controls 3 Open Space to be Created 3 Public Facilities to be Constructed 3 Proposed Reuse of Property 3 Development District Financing 4 Relocation 4 Administration of Development District 4 Map of Development District 4 • • • • • MODIFIED DEVELOPMENT DISTRICT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 A. Definitions For the purposes of the modified Program for Development District No. the following terns shall have the meanings specified below, unless the context otherwise requires: "Administrative Expenses" means all expenditures of the Authority other than amounts paid for the purchase of land or amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of real property in the District, relocation benefits paid to or services provided for persons residing or businesses located in the District, or amounts used to pay interest on, fund a reserve for, or sell at a discount bonds issued pursuant to section 469.178 of the TIF Act. Administrative Expenses includes amounts paid for services provided by bond counsel, fiscal consultants and planning or economic development consultants; "Administrator" means the executive director of the Authority or his or her designee; "Authority" or "EDA" means the Lino Lakes Economic Development Authority, a public body corporate and politic under the laws of Minnesota; "City" means the City of Lino Lakes, a municipal corporation under the laws of Minnesota; "City Council" or "Council" means the Lino Lakes City Council; "City Development Districts Act" or "Act" means Minnesota Statutes, sections 469.124 through 469.134, as amended; "Comprehensive Plan" means the City's objectives, policies, standards and programs to guide public and private land use, development, redevelopment and preservation for all lands and water within the City; "County" means Anoka County, Minnesota; "Development District" or "District" means Development District No. 1, which was established in 1987 by the City and is now under the control of the Authority; "Development District Program" or "Program" means the Program for Development District No. 1, which was adopted on January 26, 1987, as modified from time to time thereafter. "EDA Act" means Minnesota Statutes, sections 469.090 through 469.108, as amended; "Special Law" means 2011 Minnesota Laws, Ch. 112, Art. 11, Section 18. "State" means the State of Minnesota; LN 140 -80 390136v2 SJB LN140 -80 P31 P32 "Tax Increment Bonds" means any general obligation or revenue tax increment bonds or notes issued by the Authority or the City to finance the public costs associated with Development District No. 1 as stated in the modified Program or in the Plan for any of the tax increment financing districts within Development District No. 1 or any obligations issued to refund any Tax Increment Bonds, and including any interfund loans or advances within the meaning of the TIF Act; "Tax Increment Financing Act" or "TIF Act" means Minnesota Statutes, sections 469.174 through 469.179, as amended; "Tax Increment Financing District" or "TIF District" means any tax increment financing district established or to be established within Development District No. 1 pursuant to the TIF Act; and "Tax Increment Financing Plan" or "Plan" means the Plan for any of the TIF Districts within the Development District. B. Statutory Authority The Authority has determined that it is necessary, desirable and in the public interest to modify the Program for Development District No. 1, pursuant to the provisions of the Act. The Authority has also determined that funding for the necessary activities and improvements in Development District No. 1 will continue to be accomplished in part or in whole through tax increment financing in accordance with the TIF Act. C. Statement of Public Purpose The Authority has previously determined there to be a need to offer assistance to encourage development of the area of the community established as Development District No. 1 in order to increase employment opportunities, improve the tax base and improve the general economy of Lino Lakes and the State. The City established the Development District on January 26, 1987, and subsequently transferred control and administration of the District to the Authority. The boundaries of the Development District were most recently expanded on April 28, 1997 in connection with the establishment of TIF District No. 1 -8. Within the District, the City and/or Authority have previously created eleven TIF Districts. The purpose of this modification of the Program is to acknowledge the Authority's intent to modify the TIF Plan for TIF District No. 1 -10 in order to increase the estimated public costs and extend the duration of that district, in order to help pay debt service on bonds related to the Interstate 35 and Highway 23 interchange, and bonds related to the Legacy at Woods Edge development that is partly within TIF District No. 11, all as authorized by the Special Law. .. This modified Program does not change the boundaries of the District from those established at the time the Authority established TIF District No. 8. D. Statement of Objectives The Authority will continue to seek to achieve the following objectives through the modified Development District Program: LN 140 -80 390136v2 SJB LN140 -80 • • • 1. promote and secure the prompt development of property in Development District No. 1 in a manner consistent with the Comprehensive Plan and with minimal adverse impact on the environment, which property is currently less productive because of the lack of proper utilization and lack of investment, thus promoting and securing the development of other land in Lino Lakes; 2. encourage additional employment opportunities within Development District No. 1 and Lino Lakes for residents of the community and the surrounding area, thereby improving living standards and preventing unemployment and the loss of skilled labor and other human resources in the area; 3. secure the increase of property subject to taxation by the City, County, school districts and other taxing jurisdictions in order to better enable such entities to pay for public improvements and governmental services and programs required to be provided by them; 4. secure the construction and provide moneys for the payment of the public costs within Development District No. 1 which are necessary for the orderly and beneficial development of the Development District; 5. promote the concentration of appropriate uses and related development within Development District No. 1 in order to maintain the area in a manner compatible with its highest and best use; and 6. encourage development within the District which is aesthetically pleasing and which creates a positive visual image of the community. 7. promote redevelopment of property that is occupied by substandard buildings, which will foster revitalization of that property, increase tax base, and facilitate development of a range of housing types and commercial services in Development District No. 1. E. Environmental Controls It is not anticipated that any development within the Development District will present major environmental concerns. All actions by the Authority, public improvements and private development will be carried out in compliance with applicable environmental standards. F. Open Space to be Created Any open space within the Development District will be created in accordance with the development controls of the Authority and will be adequate for the needs of the residents of the community. LN 140 -80 390136v2 SJB LN140 -80 P33 P34 G. Public Facilities to be Constructed All public facilities constructed within the Development District will be financially feasible and compatible with the City's long range development plans. H. Proposed Reuse of Property The Authority may acquire property within Development District No. 1 in order to resell the land to a developer. Property within the Development District will be reused in accordance with the City's ordinances and Comprehensive Plan as well as with this modified Program and the Modified Plan for TIF District No. 1 -10 or the Plan for any other tax increment financing district within Development District No. 1. I. Development District Financing Within Development District No. 1, the Authority will modify the TIF Plan for TIF District No. 1 -10 to help pay debt service on certain outstanding bonds issued to finance various improvements within the Development District, in accordance with the Special Law. Debt service costs paid from TIF District No. 1 -10, and public development costs for all previously established tax increment districts, will be met primarily through pledged increment. For detailed development and fmancing plans for each TIF District, refer to the individual TIF Plan for the relevant TIF District. J. Relocation In establishing TIF Districts, Authority may find it necessary to pay for relocation for individuals or businesses displaced by public action. The Authority accepts its responsibility for providing for relocation pursuant to section 469.133 of the Act. If relocation is necessary, provisions will be made in accordance with Minnesota Statutes, sections 117.50 through 117.56, as amended. K. Administration of Development District Maintenance and operation of the public improvements is the responsibility of the Administrator of Development District No. 1. Each year the Administrator will submit to the Authority the maintenance and operation budget for the following year. The Administrator will administer the Development District pursuant to the provisions of section 469.131 of the Act; provided, however, that such powers may only be exercised at the direction of the Authority. No action taken by the Administrator shall be effective without authorization by the Authority. The Authority has not and does not anticipate the need to create an advisory board to advise the Authority on the planning, construction or implementation of the activities and improvements outlined in the Development Program. LN 140 -80 390136v2 SJB LN 140 -80 • • • L. Map of Development District A map of the existing boundaries of Development District No. 1 is attached to this modified Program as Exhibit A, which is incorporated herein by reference. LN 140 -80 390136v2 SJB LN140 -80 P35 P36 LN 140 -80 390136v2 SJB LN1' EXHIBIT A MAP OF DEVELOPMENT DISTRICT NO. 1 Development District No. 1 City of Lino Lakes Anoka County, Minnesota • • • • • City of Lino Lakes, Minnesota and Lino Lakes Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing (Economic Development) District No. 1 -10 (Panattoni Project) Dated: August 11, 2003 Amendment Dated: July 18, 2011 (DRAFT) Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, MN 55101 -2887 (651) 223-3000 WWW SPRINGSTED. COM P37 P38 INTRODUCTION The Authority, on August 11, 2003, created Tax Increment Financing District No. 1-10, within Development District No. 1, and adopted a Tax Increment Financing Plan (the "Plan ") in connection therewith. The boundaries of Tax Increment Financing District No. 1 -10 are not being modified due to this amendment. The Authority intends to modify the Plan for Tax Increment Financing District No. 1 -10 on August 22, 2011 (this modification) to provide for the financing of certain debt service costs on bonds issued to finance the interchange of Anoka County Highway 23 and Interstate 35W and debt service on bonds issued to finance public improvements serving the development known as Legacy at Woods Edge. All tax increment remaining in the account of TIF District No. 1-10 after February 1, 2011, and all tax increments collected thereafter must be used only for one of the two activities listed above. Minnesota Statutes 469.176, Subd. 4c, and 469.1763 do not apply to expenditures made under this section. Further, under 2011 Minnesota Laws, Ch. 112, Art. 11, Section 18 (the "Special Law "), the Authority is authorized to extend the duration of TIF District No. 1.10 and collect tax increments from the TIF District through December 31, 2023 and use such increments for the restricted uses previously described. The purpose of the modification to the Plan is to increase the authorized tax increment revenues and public costs, to authorize for `pooling' of increment to pay the debt service on the bond issues, and to extend the duration of the district in accordance with the 2011 Special Law. The sections of the Modified Plan specifically being modified include Section F: Duration of the TIF District; Section G: Property to be Included in the District; Section K: Estimated Public Costs; Section L: Estimated Sources of Revenue; Section 0: Original Tax Capacity Rate; Section S. Tax Increment Pooling and the Five Year Rule; and Section V: Estimated Impact on Other Taxing Jurisdictions. This modification may not reflect all changes that have occurred since the District was established on August 11, 2003, but is intended to reflect the changes applicable to the district pursuant to the Special Law that was passed. • • • TABLE OF CONTENTS Section Paae(s) A. Definitions 1 B. Statutory Authorization 1 C. Statement of Need and Public Purpose 1 D. Statement of Objectives 2 E. Designation of Tax Increment Financing District as an Economic Development District 2 F. Duration of the TIF District and the Three Year Rule 3 G. Property to be Included in the TIF District 4 H. Property to be Acquired in the TIF District 5 I. Specific Development Expected to Occur Within the TIF District 5 J. Findings and Need for Tax Increment Financing 5 K. Estimated Public Costs 6 L. Estimated Sources of Revenue 7 M. Estimated Amount of Bonded Indebtedness 7 N. Original Net Tax Capacity 7 0. Original Tax Capacity Rate 8 S P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment 8 Q. Use of Tax Increment 9 R. Excess Tax Increment 9 S. Tax Increment Pooling and the Five Year Rule 10 T. Limitation on Administrative Expenses 10 U. Limitation on Property Not Subject to Improvements - Four Year Rule 11 V. Estimated Impact on Other Taxing Jurisdictions 11 W. Prior Planned Improvements 12 X. Development Agreements 12 Y. Assessment Agreements 12 Z. Modifications of the Tax Increment Financing Plan 12 AA. Administration of the Tax Increment Financing Plan 13 AB. Financial Reporting and Disclosure Requirements 14 Map of the Tax Increment Financing District EXHIBIT I Map of the Development District EXHIBIT I Projected Tax Increment Report EXHIBIT 11 Estimated Impact on Other Taxing Jurisdictions Report EXHIBIT III • P39 P40 City of Lino Lakes, Minnesota Section A Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: "Authority" means the Lino Lakes Economic Development Authority. "City" means the City of Lino Lakes, Minnesota; also referred to as a "Municipality ". "City Council" means the City Council of the City; also referred to as the "Governing Body ". "County" means Anoka County, Minnesota. "Development District" means Municipal Development District No. 1 in the City, which is described in the corresponding Development Program. "Development Program" means the Development Program for the Development District. "Project Area" means the geographic area of the Development District. "School District" means Independent School District No. 12, Minnesota. "State" means the State of Minnesota. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive. "TIF District" means Tax Increment Financing (Economic Development) District No. 1 -10. "TIF Plan" means the tax increment financing plan for the TIF District (this document). Section B Statutory Authorization The Development District Act authorizes the City and Authority, upon certain public purpose findings by the City Council, to establish and designate development districts within the City and to develop and administer development programs therefore to meet the needs and accomplish the public purposes specified in Section C. In accordance with the purposes set forth in Section 469.124 of the Development District Act, the City Council and Authority have established the Development District comprising the area described in Section E and have adopted this Development Program. The TIF Act also authorizes the Authority, with approval by the City, to establish and administer tax increment financing districts within the Development District. Eligible public costs of the Development District and TIF District may be paid for tax increments collected from the TIF District. Section C Statement of Need and Public Purpose The City Council and Authority have determined that there is a need for the City to take certain actions they deem necessary in order to encourage, ensure and facilitate development and redevelopment by the private sector of underutilized, inappropriately used and unused land located within the corporate limits of the City. Such actions are necessary in order to provide additional employment opportunities for residents of the City and the surrounding area; to improve the tax base of the City, the County and the School District, thereby enabling them to better provide needed public services; and to improve the general economy of the City, the County and the State. SPRINGSTED Page 1 • • • • • • City of Lino Lakes, Minnesota Section D Statement of Objectives The Authority seeks to achieve the following objectives through the establishment of TIF District No. 1 -10; 1. provide employment opportunities within the community. 2. improve the tax base of Lino Lakes and the general economy of the City and State; 3. encourage industrial development in an area of the community which has not been utilized to its full potential; and 4. implement relevant portions of the Comprehensive Plan. The Authority's specific purpose in establishing TIF District No. 1 -10 is to promote public improvements to Lake Drive and the development of four manufacturing facilities in the Marshan Lake Business Park. The Panattoni project will consist of an approximate 265,000 square foot distribution facility. Future expansions may also include three additional outlot buildings totaling 160,000 square feet. The Authority intends to use increment generated by the new developments to write down land costs and the cost of special assessments, including the interest portion and for public improvements to Lake Drive. Section E Designation of Tax Increment Financing District as an Economic Development District Economic development districts are a type of tax increment financing district which consist of any project, or portions of a project, which the Authority finds to be in the public interest because: (1) it will discourage commerce, industry, or manufacturing from moving their operations to another state or municipality; (2) it will result in increased employment in the state; or (3) it will result in preservation and enhancement of the tax base of the state. The TIF District qualifies as an economic development district in that the proposed development described in this TIF Plan (see Section I) meets all of the criteria listed above. Without establishment of the TIF District, the proposed development would not occur within the City, but would be located in another municipality. The proposed development will also result in increased employment and enhancement of the tax base in both the City and the State. Tax increments from an economic development district must be used to provide improvements, loans, subsidies, grants, interest rate subsidies, or other assistance in which at least 85% of the square footage of the facilities to be constructed are used for any of the following purposes: (1) manufacturing, production, or processing of tangible personal property; (2) warehousing, storage and distribution of tangible personal property, excluding retail sales; (3) research and development related to the activities listed in (1) or (2) above; (4) telemarketing if that activity is the exclusive use of the property; (5) tourism facilities (see M.S. Section 469.174, Subd. 22); (6) qualified border retail facilities (see M.S. Section 469.176, Subd. 4c); or (7) space necessary for and related to the activities listed in (1) through (6) above. SPRINGSTED Page 2 P41 P42 City of Lino Lakes, Minnesota In addition to the uses specified above, tax increments may also be used to provide assistance for up to 15,000 square feet of any separately owned commercial facility located within a "small city" (see M.S. Section 469.176, Subd. 4c), or to pay for excessive site preparation and public improvement costs in a district containing bedrock soils conditions in 80% or more of its acreage (see M.S. Section 469.176, Subd. 4c). Tax increments from the TIF District will be used to provide financial assistance to the proposed development (see Section 1), in which over 85% of the square footage of the facilities to be constructed will be used for manufacturing or other purposes as listed in (1) above. Section F Duration of the TIF District and the Three Year Rule Economic development districts may remain in existence 8 years from the date of receipt by the authority of the first tax increment. The Authority anticipates that the TIF District will remain in existence the maximum duration allowed by law (projected to be through the year 2014). Modifications of this plan (sec Section AA) shall not extend thecc ticn1tatiens, certification unless within that time period: (1) bonds have becn ie.cucd in aid of the Projcct Area (except revenue bonds issued pursuant to M.S. Sections 169.152 to 469.165); (2) the Authority has acquired property within the TIF District; or (3) the Authority has constructed public improvements within the TIF District. The proposed August 22, 2011 modification reflects the extension of the district through December 31, 2023 in accordance with the 2011 Special Law. Generally, economic development districts may remain in existence 8 years from the date of receipt by the Authority of the first tax increment. Based on receipt of first increment the statutorily - required decertification date of the District is December 31, 2013. However the 2011 Special Law allows the term of the district to be extended until December 31, 2023, if the Authority uses such increments to pay:: • debt service on bonds issued to finance the interchange of Anoka County Highway 23 and Interstate 35W and • debt service on bonds issued to finance public improvements serving the development known as Legacy at Woods Edge. All tax increments remaining in the account of TIF District No. 1 -10 after February 1, 2011, and all tax increments collected thereafter must be used only for one of the two activities listed above. Minnesota Statutes 469.176, Subd. 4c, and 469.1763 do not apply to expenditures made under this section. The Authority reserves the right to allow the TIF District to remain in existence the maximum duration allowed by the 2011 Special Law, and anticipates that the TIF District may be active for the maximum duration allowed. However the Authority will decertify the TIF District as early as possible should the projected increment be received in a shorter time period than originally projected. All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the Authority. SPRINGSTED Page 3 • • City of Lino Lakes, Minnesota Section G Property to be Included in the TIF District The TIF District is an approximate 32 acre area of land located within the Project Area. A map showing the location of the TIF District is shown in Exhibit I. The boundaries and area encompassed by the TIF District are described below: Parcel ID Number Legal Description 17 31 22 23 0012 17 31 22 32 0006 TH PRT OF SW1 /1 OF NW111 LYG ELY OF THE ELY R/W LINE OF IH tt35 W & SLY OF THE FOL DESC LINE; COM AT THE SE COR OF SD 1/4 1/11 , TH NLY ALG E LINE OF SD 1/4 '/d 511 FT TO THE POB OF SD LINE TO BE DESC TH S 87 DEG 10 MIN 38 SEC W 123.03 FT TH S 81 DEG W 100 FT TH S 66 DEG 51 MIN 01 SEC W 103 FT TH S 46 DEG 15 MIN 11 SEC W 381.03 FT TH S 77 DEG 48 MIN 07 SEC W 201.13 FT + OR TO THE E RIW LINE OF SD IH tf35W & THERE TERM EX RD SUBJ TO EASE OF RECORD. 17 31 22 32 0003 THAT PRT OF NW1 /1 OF SW1 /1 OF SEC 17 TWP 31 RGE 22 LYG SELY OF 1 35W & LYG NWLY OF T H NO 19, EX FOL DESC TRACT: BEG AT A PT ON S LINE OF SD 1/4 '/ 538.56 FT E OF SW COR THEREOF, TH N PRLL/W W LINE OF SD 1/4 1/4 137 FT, TH E PRLL/W SD S LINE TO INTERIW CIL OF T H NO 19, TH SWLY ALG SD CIL TO SD S LINE, TH W 538.56 FT OF SD '/a 1/4 EX RD SUBJ TO EASE OF REC. UNPLATTED VILLAGE OF LINO LAKES THE N 212 FT OF THE S 137 FT OF THAT PART OF THE NW1 /1 OF SW1 /1 OF SEC 17 31 22 LYING NWLY OF TRK HWY NO 8 (ALSO KNOWN AS ST PAUL & SUPERIOR STATE RD) (EX THE W 538.56 FT THEREOF) (SUBJ TO TRK HWY NO 8). The parcels listed above have been replatted since the district was established. With the August 22, 2011 modification, we are providing a current parcel listing and corresponding legal descriptions as shown below: 17- 31 -22 -23 -0022 17- 31 -22 -32 -0009 17- 31 -22 -32 -0010 17- 31 -22 -32 -0019 LOT 2 BLK 1 MARSHAN LAKE INDUSTRIAL PARK, SUBJ TO EASE OF REC LOT 1 BLOCK 1 MARSHAN LAKE IND PARK THAT PRT OF LOT 3 BLK 1 MARSHAN LAKE INDUSTRIAL PARK LYG WITHIN SEC 17 TWP 31 RGE 22, SUBJ TO EASE OF REC LOT 4 BLOCK 1 MARSHAN LAKE INDUSTRIAL PARK, SUBJ TO EASE OF REC The area encompassed by the TIF District shall also include all street or utility right -of -ways located upon or adjacent to the property described above. SPRINGSTED Page 4 P43 P44 City of Lino Lakes, Minnesota Section H Property to be Acquired in the TIF District The Authority may acquire and sell any or all of the property located within the TIF District; however, the Authority does not anticipate acquiring any such property at this time. Section I Specific Development Expected to Occur Within the TIF District The project will consist of the construction of four industrial buildings to be used for manufacturing. The first building to be constructed is expected to be 265,000 square feet and completed by 2004. Outlots A, B and C are expected to be 40,000 square feet completed in 2005, 60,000 square feet completed in 2006 and 60,000 square feet completed in 2007, respectively. In addition, a portion of the increment will be used for Lake Drive improvements. The four facilities are expected to be fully constructed in 2007 and be 100% assessed and on the tax rolls as of January 2, 2008 for taxes payable in 2009. At the time this document was prepared there were no signed construction contracts with regards to the above described development. Section J Findings and Need for Tax Increment Financing In establishing the TIF District, the City makes the following findings: (1) The TIF District qualifies as an economic development district; See Section E of this document for the reasons and facts supporting this finding. (2) The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future, and the increased market value of the site that could reasonably be expected to occur without the use of tax increment would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permifted by the TIF Plan; The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: The proposed development is an industrial park including various manufacturing and warehouse uses. The land in the TIF District has been vacant for many years, despite previous efforts by the City to encourage its development (including establishment of a previous tax increment financing district that includes most of these parcels.) The site requires sewer, water and road improvements to accommodate manufacturing and warehouse development, and the cost of those improvements may not, as a practical matter, be passed to proposed developers and users of the site, based on analysis of market conditions in Lino Lakes. In addition, the City has reviewed a pro forma submitted by the initial proposed developer, showing that the cost of land acquisition and public improvements make the proposed development infeasible assuming customary rates of return. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan: As noted above, the site has been vacant for many years. Without installation of the improvements needed to serve the area, SPRINGSTED Page 5 • • • City of Lino Lakes, Minnesota (3) the City has no reason to expect that significant development would occur without assistance similar to that provided in this plan. Therefore, the City concludes as follows: a. The city's estimate of the amount by which the market value of the site will increase without the use of tax increment financing is $0, except for a small amount attributable to appreciation in land value. b. If all development which is proposed to be assisted with tax increment were to occur in the District, the total increase in market value would be approximately $16,963,000. c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $1,254,113 (See Exhibit V) d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $15,708,887 (the amount in clause b less the amount in clause c) without tax increment assistance. The TIF Plan conforms to the general plan for development or redevelopment of the City as a whole; and The reasons and facts supporting this finding are that the TIF District is properly zoned, and the TIF Plan has been approved by the City Planning Commission and will generally compliment and serve to implement policies adopted in the City's comprehensive plan. (4) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the Project Area by private enterprise. The reasons and facts supporting this finding are that the development activities are necessary so that development and redevelopment by private enterprise can occur within the Project Area. Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. SPRINGSTED Page 6 P45 Original TIF (August 11, 2003) Modification No. 1 July 18, 2011 (DRAFT) Land /building acquisition 750,000 750,000 Site improvements /preparation costs 0 Public improvements 500,000 500,000 Parking facilities 0 Bond principal payments 1,785,000 1,785,000 Bond interest payments 475,000 475,000 Loan principal payments 0 Loan interest payments 0 Administrative expenses 130,000 130,000 Capitalized interest 120,000 120,000 Public improvements outside district 484,000 484,000 Other — special law for debt service payments on existing bonds 1,916,264 Total 4,244, 000 6,160,264 SPRINGSTED Page 6 P45 P46 City of Lino Lakes, Minnesota The Authority reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. Section L Estimated Sources of Revenue The Authority anticipates providing financial assistance to the proposed development through the use of a pay -as- you-go technique. As tax increments are collected from the TIF District in future years, a portion of these taxes will be distributed to the developer /owner as reimbursement for public costs incurred (see Section K). The Authority reserves the right to finance any or all public costs of the TIF District using pay -as- you -go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. Section M Estimated Amount of Bonded Indebtedness The Authority may issue bonds or pay as you go notes or interfund loans in an original principal amount not to exceed $1,785,000. Section N Original Net Tax Capacity The County Auditor shall certify the original net tax capacity of the TIF District. This value will be equal to the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts certified between July 1 and December 31, inclusive, this value is based on the current assessment year. The Estimated Market Value of all property within the TIF District as of January 2, 2003, for taxes payable in 2004, is $885,000. Upon establishment of the TIF District, and subsequent reclassification of property, it is estimated that the original net tax capacity of the TIF District will be approximately $16,950. Each year the County Auditor shall certify the amount that the original net tax capacity has increased or decreased as a result of: (1) changes in the tax - exempt status of property; (2) reductions or enlargements of the geographic area of the TIF District; (3) changes due to stipulation agreements or abatements; or SPRINGSTED Page 7 Original TIF (August 11, 2003) Modification No. 1 July 18, 2011 (DRAFT) Tax increment revenue 2,409,000 4,325,264 Interest on invested funds 50,000 50,000 Bond proceeds 1,785,000 1,785,000 Special assessments 0 Rent/lease revenue 0 Grants 0 Other 0 Total 4,244,000 6,160,264 The Authority anticipates providing financial assistance to the proposed development through the use of a pay -as- you-go technique. As tax increments are collected from the TIF District in future years, a portion of these taxes will be distributed to the developer /owner as reimbursement for public costs incurred (see Section K). The Authority reserves the right to finance any or all public costs of the TIF District using pay -as- you -go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. Section M Estimated Amount of Bonded Indebtedness The Authority may issue bonds or pay as you go notes or interfund loans in an original principal amount not to exceed $1,785,000. Section N Original Net Tax Capacity The County Auditor shall certify the original net tax capacity of the TIF District. This value will be equal to the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts certified between July 1 and December 31, inclusive, this value is based on the current assessment year. The Estimated Market Value of all property within the TIF District as of January 2, 2003, for taxes payable in 2004, is $885,000. Upon establishment of the TIF District, and subsequent reclassification of property, it is estimated that the original net tax capacity of the TIF District will be approximately $16,950. Each year the County Auditor shall certify the amount that the original net tax capacity has increased or decreased as a result of: (1) changes in the tax - exempt status of property; (2) reductions or enlargements of the geographic area of the TIF District; (3) changes due to stipulation agreements or abatements; or SPRINGSTED Page 7 • • • City of Lino Lakes, Minnesota (4) changes in property classification rates. Section 0 Original Tax Capacity Rate The County Auditor shall also certify the original tax capacity rate of the TIF District. This rate shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes payable year as the original net tax capacity. In future years, the amount of tax increment generated by the TIF District will be calculated using the lesser of (a) the sum of the current local tax rates at that time or (b) the original tax capacity rate of the TIF District. increment generated by thc TIF District, thc cum of thc local tax rates for taxes levied in 2002 and payable in 2003, is 129.834% as shown below. Taxing Jurisdiction City of I ino I akec Anoka County ISD No. 12 9ther Total 2002/2003 Local Tax Rate 4;,603% 37.71/1% 37.67% 7.0504 129.83/1% The sum of the local tax rates for taxes levied in 2003 and payable in 2004 is 120.530% and has previously been certified as the original tax capacity rate of the TIF District. This is the 'frozen' rate of the district. Should the sum of current local tax capacity rates be greater than 120.530 %, the district is limited to the captured amount of increment based on the frozen rate. Any additional amounts are generated as excess increment and retained by the County. Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the TIF District, For communities affected by the fiscal disparity provisions of Minnesota Statutes, Chapter 473F and Chapter 276A, the original net tax capacity of the TIF District shall be determined before the application of fiscal disparity. In subsequent years, the current net tax capacity shall exclude the product of any fiscal disparity increase in the TIF District (since the original net tax capacity was certified) times the appropriate fiscal disparity ratio. The County Auditor shall certify to the Authority the amount of captured net tax capacity each year. The Authority may choose to retain any or all of this amount. It is the Authority's intention to retain 100% of the captured net tax capacity of the TIF District. Such amount shall be known as the retained captured net tax capacity of the TIF District. Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan, including Exhibit 111 which shows the projected tax increment generated over the anticipated life of the TIF District. SPRINGSTED Page 8 P47 P48 City of Lino Lakes, Minnesota Section Q Use of Tax Increment Each year the County Treasurer shall deduct 0.36% of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit III shows the projected deduction for this purpose over the anticipated life of the TIF District. The Authority has determined that it will use 100% of the remaining tax increment generated by the TIF District for any of the following purposes: (1) pay for the estimated public costs of the TIF District (see Section K) and County administrative costs associated with the TIF District (see Section T); (2) pay principal and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (3) accumulate a reserve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision 1 a; or (5) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless both county boards involved waive this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the City. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government, or for a commons area used as a public park, or a facility used for social, recreational, or conference purposes. This prohibition does not apply to the construction or renovation of a parking structure or of a privately owned facility for conference purposes. If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of assistance, to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions imposed on the use of tax increments. Assistance includes sale of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less then fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. Section R Excess Tax Increment In any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs authorized by the TIF Plan, the Authority shall use the excess tax increments to: (1) prepay any outstanding tax increment bonds; (2) discharge the pledge of tax increments thereof; (3) pay amounts into an escrow account dedicated to the payment of the tax increment bonds; or SPRINGSTED Page 9 • • • • City of Lino Lakes, Minnesota (4) return excess tax increments to the County Auditor for redistribution to the City, County and School District. The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution. Section S Tax Increment Pooling and the Five Year Rule At least 80% of the tax increments from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District (see Section E for additional restrictions). No more than 20% of the tax increments may be spent on costs outside of the TIF District but within the boundaries of the Project Area, except to pay debt service on credit enhanced bonds. All administrative expenses are considered to have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District if such amounts are: (1) actually paid to a third party for activities performed within the TIF District within five years after certification of the district; (2) used to pay bonds that were issued and sold to a third party, the proceeds of which are reasonably expected on the date of issuance to be spent within the later of the five -year period or a reasonable temporary period or are deposited in a reasonably required reserve or replacement fund. used to make payments or reimbursements to a third party under binding contracts for activities performed within the TIF District, which were entered into within five years after certification of the district; or (3) (4) used to reimburse a party for payment of eligible costs (including interest) incurred within five years from certification of the district. Beginning with the sixth year following certification of the TIF District, at least 80% of the tax increments must be used to pay outstanding bonds or make contractual payments obligated within the first five years. When outstanding bonds have been defeased and sufficient money has been set aside to pay for such contractual obligations, the TIF District must be decertified. •: y does reserve the right to allow for tax increment pooling from the TIF District in the future. The Authority anticipates that tax increments will be spent outside of the TIF District. All tax increments remaining in the account of TIF District No. 1 -10 after February 1, 2011, and all tax increments collected thereafter must be used only to pay debt service on bonds issued to finance the interchange of Anoka County Highway 23 and Interstate 35W and bonds issued to finance public improvements serving the development known as Legacy at Woods Edge. Minnesota Statutes 469.176, Subd. 4c, and 469.1763 do not apply to expenditures made under this section.. Section T Limitation on Administrative Expenses Administrative expenses are defined as all costs of the Authority other than: (1) amounts paid for the purchase of land; (2) amounts paid for materials and services, including architectural and engineering services directly connected with the physical development of the real property in the project; relocation benefits paid to, or services provided for, persons residing or businesses located in the project; (3) SPRINGSTED Page 10 P49 P50 City of Lino Lakes, Minnesota (4) amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to section 469.178; or (5) amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clause (1) to (3). Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the County in administering the TIF District. Tax increments may be used to pay administrative expenses of the TIF District up to the lesser of (a) 10% of the total tax increment expenditures authorized by the TIF Plan or (b) 10% of the total tax increments received by the TIF District. Section U Limitation on Property Not Subject to Improvements - Four Year Rule If after four years from certification of the TIF District no demolition, rehabilitation, renovation, or qualified improvement of an adjacent street has commenced on a parcel located within the TIF District, then that parcel shall be excluded from the TIF District and the original net tax capacity shall be adjusted accordingly. Qualified improvements of a street are limited to construction or opening of a new street, relocation of a street, or substantial reconstruction or rebuilding of an existing street. The Authority must submit to the County Auditor, by February 1 of the fifth year, evidence that the required activity has taken place for each parcel in the TIF District. If a parcel is excluded from the TIF District and the Authority or owner of the parcel subsequently commences any of the above activities, the Authority shall certify to the County Auditor that such activity has commenced and the parcel shall once again be included in the TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most recently certified by the Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF District. Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TIF District was hypothetically available to the other taxing jurisdictions. The Authority believes that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District, since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the development therein becomes part of the general tax base. The fiscal and economic implications of the proposed tax increment financing district, as pursuant to Minnesota Statutes, Section 469.175, Subdivision 2, are listed below. 1. The total amount of tax increment that is estimated to be generated over the extended life of the district (during the special legislation period of 2014 -2023) is estimated to be $1,916,264. The total estimated increment generated from 2011 -2023 is $2,437,629 as shown in Exhibit II. 2. To the extent that spending of tax increments from TIF District 1 -10 on anticipated projects may generate any public cost impacts on city- provided services such as police and fire protection, public infrastructure, and the impact of any general obligation tax increment bonds attributable to the district upon the ability to issue other debt for general fund purposes, such costs will be levied upon the taxable net tax capacity of the City, excluding that portion captured by the District. During the term of the special legislation, the Authority will use all available tax increment to finance debt service on existing bonds. 3. The amount of tax increments over the extended life of the district (2014 -2023) that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be $473,258. The total estimated increment attributable to the school district's share for the years 2011 -2023 is $599,852 as shown in Exhibit II. SPRINGSTED Page 11 • • • City of Lino Lakes, Minnesota 4. The amount of tax increments over the extended life of the district (2014 -2023) that would be attributable to county levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same is estimated to be $581,169. The total estimated increment attributable to the county's share for the years 2011 -2023 is $736,628 as shown in Exhibit II. 5. No additional information has been requested by the county or school district that would enable it to determine additional costs that will accrue to it due to the development proposed for the district. Section W Prior Planned Improvements The Authority shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a listing of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan, The County Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued. There have been no building permits issued in the last 18 months in conjunction with any of the properties within the TIF District. Section X Development Agreements If within a project containing an economic development district, more than 10% of the acreage of the property to be acquired by the Authority is purchased with tax increment bonds proceeds (to which tax increment from the property is pledged), then prior to such acquisition, the Authority must enter into an agreement for the development of the property. Such agreement must provide recourse for the Authority should the development not be completed. The Authority anticipates entering into an agreement for development, but does not anticipate acquiring any property located within the TIF District. Section Y Assessment Agreements The Authority may, upon entering into a development agreement, also enter into an assessment agreement with the developer, which establishes a minimum market value of the land and improvements for each year during the life of the TIF District. The assessment agreement shall be presented to the County or City Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate, shall certify the assessment agreement as reasonable. The assessment agreement shall be filed for record in the office of the County Recorder of each county where the property is located. Any modification or premature termination of this agreement must first be approved by the City, County and School District. The Authority anticipates entering into an assessment agreement. Section Z Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Project Area or the TIF District; increase in the amount of bonded indebtedness to be incurred; increase in the amount of capitalized interest; increase in that portion of the captured net tax capacity to be retained by the Authority; increase in the total estimated public costs; or designation of additional property to be acquired by the Authority shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan. This paragraph does not apply if: SPRINGSTED Page 12 P51 P52 City of Lino Lakes, Minnesota (1) the only modification is elimination of parcels from the TIF District; and (2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF Districts original net tax capacity, or the Authority agrees that the TIF Districts original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated. The Authority must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. Section AA Administration of the Tax Increment Financing Plan Upon adoption of the TIF Plan, the Authority shall submit a copy of such plan to the Minnesota Department of Revenue. The Authority shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate of the TIF- District. To assist the County Auditor in this process, the Authority shall submit copies of the TIF Plan, the resolution establishing the TIF District and adopting the TIF Plan, and a listing of any prior planned improvements. The Authority shall also send the County Assessor any assessment agreement establishing the minimum market value of land and improvements in the TIF District, and shall request that the County Assessor review and certify this assessment agreement as reasonable. The County shall distribute to the Authority the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes generated by the retained captured net tax capacity of the TIF District. The amount of tax increment may change due to development anticipated by the TIF Plan, other development, inflation of property values, or changes in property classification rates or formulas. In administering and implementing the TIF Plan, the following actions should occur on an annual basis: (1) prior to July 1, the Authority shall notify the County Assessor of any new development that has occurred in the TIF District during the past year to insure that the new value will be recorded in a timely manner. (2) if the County Auditor receives the request for certification of a new TIF District, or for modification of an existing TIF District, before July 1, the request shall be recognized in determining local tax rates for the current and subsequent levy years. Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. (3) each year the County Auditor shall certify the amount of the original net tax capacity of the TIF District. The amount certified shall reflect any changes that occur as a result of the following: (a) the value of property that changes from tax - exempt to taxable shall be added to the original net tax capacity of the TIF District. The reverse shall also apply; (b) the original net tax capacity may be modified by any approved enlargement or reduction of the TIF District; (c) if laws governing the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes, then the resulting increase or decrease in net tax capacity shall be applied proportionately to the original net tax capacity and the retained captured net tax capacity of the TIF District. The County Auditor shall notify the Authority of all changes made to the original net tax capacity of the TIF District. SPRINGSTED Page 13 • • City of Lino Lakes, Minnesota Section AB Financial Reporting and Disclosure Requirements The State Auditor shall enforce the provisions of the TIF Act and shall have full responsibility for financial and compliance auditing of the Authority's use of tax increment financing. On or before August 1 of each year, the Authority must annually submit to the State Auditor, County Auditor and to the goveming body of the municipality a report which shall: (1) (2) (3) (4) provide full disclosure of the sources and uses of public funds in the TIF District; permit comparison and reconciliation of the accounts and financial reports; permit auditing of the funds expended on behalf of the TIF District; and be consistent with generally accepted accounting principles. The report shall include, among other items, the following information: (1) the original net tax capacity of the district and any subdistrict under 469.177, subdivision 1; (2) the net tax capacity for the reporting period of the district and any subdistrict; (3) the captured net tax capacity of the district; (4) any fiscal disparity deduction from the captured net tax capacity under section 469.177, subdivision (5) (6) 3; the captured net tax capacity retained for tax increment financing under 469.177, subdivision 2, paragraph (a), clause (1); any captured net tax capacity distributed among affected taxing districts under 469.177, subdivision 2, paragraph (a), clause (2); (7) the type of district; (8) the date the municipality approved the tax increment financing plan and the date of approval of any modification of the tax increment financing plan, the approval of which requires notice, discussion, a public hearing, and findings under subdivision 4, paragraph (a); (9) the date the authority first requested certification of the original net tax capacity of the district and the date of request for certification regarding any parcel added to the district; (10) the date the county auditor first certified the original net tax capacity of the district and the date of certification of the original net tax capacity of any parcel added to the district; (11) the month and year in which the authority has received or anticipates it will receive the first increment from the district; (12) the date the district must be decertified; (13) for the reporting period and prior years of the district, the actual amount received from, at least, the following categories: (i) tax increments paid by the captured net tax capacity retained for tax increment financing under section 469.177, subdivision 2, paragraph (a), clause (1), but excluding any excess taxes; SPRINGSTED Page 14 P53 P54 City of Lino Lakes, Minnesota (ii) tax increments that are interest or other investment earnings on or from tax increments; (iii) tax increments that are proceeds from the sale or lease of property, tangible or intangible, purchased by the authority with tax increments; (iv) tax increments that are repayments of loans or other advances made by the authority with tax increments; (v) bond or loan proceeds; (vi) special assessments; (vii) grants; and (viii) transfers from funds not exclusively associated with the district; (14) for the reporting period and for the prior years of the district the actual amount expended for, at least, the following categories: (i) acquisition of land and buildings through condemnation or purchase; (ii) site improvements or preparation costs; (iii) installation of public utilities, parking facilities, streets, roads, sidewalks, or other similar public improvements; (iv) administrative costs, including the allocated cost of the Authority; and (v) public park facilities, facilities for social, recreational, or conference purposes, or other similar public improvements; and (vi) transfers to funds not exclusively associated with the district; (15) for properties sold to developers, the total cost of the property to the Authority and the price paid by the developer; (16) the amount of any payments and the value of in -kind benefits, such as physical improvements and the use of building space, that are paid or financed with tax increments and are provided to another governmental unit other than the municipality during the reporting period; (17) the amount of any payments for activities and improvements located outside of the district that are paid for or financed with tax increments; (18) the amount of payments of principal and interest that are made during the reporting period on any non - defeased: (i) general obligation tax increment financing bonds; (ii) other tax increment financing bonds; and (Hi) notes and pay -as- you -go contracts; (19) the principal amount, at the end of the reporting period, of any non - defeased: SPRINGSTED Page 15 • • • City of Lino Lakes, Minnesota (i) general obligation tax increment financing bonds; (ii) other tax increment financing bonds; and (iii) notes and pay -as- you -go contracts; (20) the amount of principal and interest payments that are due for the current calendar year on any non - defeased: (i) general obligation tax increment financing bonds; (ii) other tax increment financing bonds; and (iii) notes and pay -as- you -go contracts; (21) if the fiscal disparities contribution under chapter 276A or 473F for the district is computed under section 469.177, subdivision 3, paragraph (a). the amount of increased property taxes imposed on other properties in the municipality that approved. the tax increment financing plan as a result of the fiscal disparities contribution; (22) whether the tax increment financing plan or other governing document permits increment revenues to be expended; (i) to pay bonds, the proceeds of which were or may be expended on activities outside of the district; (ii) for deposit into a common bond fund from which money may be expended on activities located outside of the district; or (iii) to otherwise finance activities located outside of the tax increment financing district; (23) the estimate of contained in the tax increment financing plan of the cost of the project, including administrative expenses to be paid with tax increment; and (24) any additional information the state auditor may require. The Authority must also annually publish in a newspaper of general circulation in the City an annual statement for each tax increment financing district showing: (1) the original net tax capacity of the district and any subdistrict under 469.177, subdivision 1; (2) the net tax capacity for the reporting period of the district and any subdistrict; (3) the captured net tax capacity of the district; (4) the month and year in which the authority has received or anticipates it will receive the first increment from the district; (5) the date the district must be decertified; (6) the amount of principal and interest payments that are due for the current calendar year on any non - defeased obligations; SPRINGSTED Page 16 P55 P56 City of Lino Lakes, Minnesota (7) if the fiscal disparities contribution under chapter 276A or 473F for the district is computed under section 469.177, subdivision 3, paragraph (a). the amount of increased property taxes imposed on other properties in the municipality that approved the tax increment financing plan as a result of the fiscal disparities contribution; (8) the amounts of tax increment received and expended in the reporting period; (9) and any additional information the authority deems necessary. The annual statement must inform readers that additional information regarding each district may be obtained from the authority, and must explain how the additional information may be requested. The Authority must publish the annual statement for a year no later than August 15 of the next year. The authority must identify the newspaper of general circulation in the municipality to which the annual statement has been or will be submitted for publication and provide a copy of the annual statement to the county board, county auditor, the school board, the state auditor, and the governing body of the municipality on or before August 1 of the year in which the statement must be published. The reporting and disclosure requirements outlined in this section shall begin with the year the district was certified, and shall end in the year in which both the district has been decertified and all tax increments have been spent or returned to the county for redistribution. Failure to meet these requirements, as determined by the State Auditors Office, may result in suspension of distribution of tax increment. 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O • O O L L+= O OQ 0 CO tl) 0) • 0 (0 O • N O 0) O U 0) rti y�`�03 ▪ g; ~a�i LL 0 01 U O 0 •- 0— N O g J O .0 - C O 3 0 O) U 0 .� - co (1) - a)0 0_ -10 doLL U� m(0E- 0) X U (0 3 o d- N 0L 0 �O O 0 Z 0 A = CD N O) IEO = C 00) O L" N N 00 CIS • > CO �U • UO0'0 .Q co In 1- N EM._. C N O N 'tp o 0 Z .0 g - N 0) N a 0 a ZS 2 0) U 0 O) O 0) -g O >s '0 a X 0) "1:1 0 w E EL) O * Statement 1: Statement 2: • • • AGENDA ITEM 6 B STAFF ORIGINATOR: Jeff Smyser C.C. MEETING DATE: August 22, 2011 TOPIC: Consideration of Resolution No. 11 -84 Main Street Village Extension of Time VOTE REQUIRED: 3/5 BACKGROUND In February 2008, the City Council approved the Main Street Village project, including: - Conditional Use Permit for a Planned Unit Development (PUD) Development Stage Plan/Preliminary Plat (Resolution. No. 08 -17); and - Conditional Use Permit for a Motor Fuel Station (Resolution 08 -18); and - Conditional Use Permit for Commercial Car Wash (Resolution 08 -19) A PUD Development Stage Plan must be followed by the Final Plan application within twelve months under the zoning ordinance. Likewise, a final plat must be submitted within one year of the preliminary plat approval under the subdivision regulations. For a conditional use permit (CUP), construction must begin within one year of approval. Our ordinances allow extensions, which were granted in September 2009, April 2010, September 2010, and March 2011 (Resolutions 09 -76, 10 -33, 10 -77, and 11 -29). A PUD can be extended for period of six months under the zoning ordinance. When built, this project would provide new commercial tax revenue near the I -35E interchange. The recommendation is to extend the deadlines. Since the final plat must be approved prior to construction of the infrastructure needed by any uses on the site, construction of the gas station and car wash can begin later than the final plat submittal. OPTIONS 1. Approve Resolution No. 11 -84 granting extensions for submitting the PUD Final Plan/Final Plat and for construction to begin on the motor fuel station and carwash. 2. Deny Resolution No. 11 -84. 3. Return to staff with direction. RECOMMENDATION Option 1 P61 P62 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 11 -84 RESOLUTION APPROVING AN EXTENSION OF TIME ON THE PLANNED UNIT DEVELOPMENT FINAL PLAN/FINAL PLAT AND CONDITIONAL USE PERMITS FOR MAIN STREET VILLAGE WHEREAS, on February 11, 2008 the City Council granted approvals for the Main Street Village project with the following actions: - Resolution No. 08 -17, a Conditional Use Permit for a Planned Unit Development - Development Stage Plan/Preliminary Plat; and - Resolution No. 08 -18, a Conditional Use Permit for a Motor Fuel Station; and - Resolution No. 08 -19, a Conditional Use Permit for Commercial Car Wash. and WHERAS, Section 2, Subd. 10.F.8.g. of the City's Zoning Ordinance, requires that a PUD Final Plan/Final Plat be submitted within one year of approval of the PUD Development Stage Plan but allows an extension for six month intervals; and WHERAS, Section 1001.055 of City Code (Subdivision Regulations) requires a final plat be submitted within one year of approval of the preliminary plat unless an extension is requested and for good cause is granted by the City Council; and WHEREAS, Section 2, Subd. 2.B.11. of the City's Zoning Ordinance states that if construction has not begun within one year of approval of a conditional use permit the permit is void; and WHEREAS, the motor fuel station and car wash approved with Resolutions 08 -18 and 08 -19 cannot receive building permits until the final plat has been approved; and WHEREAS, the City Council approved previous extensions of project deadlines with Resolution No. 09 -76, Resolution No. 10 -33, Resolution No. 10 -77, and Resolution No. 11 -29; and WHEREAS, a request has been submitted to the City for additional extension; WHEREAS, the City Council finds that there is good cause to grant an extension because the economic conditions of the real estate market have affected development nationally, regionally, and locally; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the following extensions: 1. A PUD Final Plan/Final Plat application for the CUP/PUD approved with Resolution No. 08 -17 must be submitted by March 1, 2012. • • • 2. Construction on the motor fuel station and car wash approved with Resolutions No. 08 -18 and 08 -19 shall begin within six months of final plat approval. BE IT FURTHER RESOLVED, that all of the conditions of approval included in Resolution Nos. 08 -17, 08 -18, and 08 -19 continue to apply. Jeff Reinert, Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 22nd day of August, 2011. 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. Resolution No. 11 -84, page 2 P63 • • • AGENDA ITEM 6 C STAFF ORIGINATOR: Jeff Smyser C.C. MEETING DATE: August 22, 2011 TOPIC: Consideration of Resolution No. 11 -85 Extension of Time for The Preserve VOTE REQUIRED: 3/5 BACKGROUND In 2006 the City Council approved The Preserve, a residential subdivision. This approval included Ordinance 08 -06, a Rezone to Planned Unit Development (PUD) and Resolution 06- 137 approving a PUD Development Stage Plan/Preliminary Plat A PUD Development Stage Plan must be followed by the Final Plan application within twelve months under the zoning ordinance. Likewise, a final plat must be submitted within one year of the preliminary plat approval under the subdivision regulations. The City extended the deadline with Resolutions 08 -109, 09 -77, 10 -34, 10 -86, and 11 -30. We did receive a final plat application though there were pieces of information still lacking. Staff did bring it to the Planning & Zoning Board, which gave a recommendation based on receiving the missing pieces. All incomplete and missing elements must be submitted before the application is complete and the final plat is brought to the City Council for approval. Preservation of open space on this site is an important step for implementing the City's larger greenway vision. The site includes a high value natural resource area. Permanent open space behind most lots extends for hundreds of feet and will be in a permanent conservation easement. The approval included a restoration and management plan for wetlands and other open space. A public trail also would be created. OPTIONS 1. Approve Resolution No. 11 -85 granting an extension for submitting the PUD -Final Plan/Final Plat. 2. Deny Resolution No. 11 -85. 3. Return to staff with direction. RECOMMENDATION Option 1 P64 P65 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 11 -85 APPROVING AN EXTENSION OF TIME FOR SUBMITTAL OF THE PLANNED UNIT DEVELOPMENT FINAL PLAN AND FINAL PLAT FOR THE PRESERVE WHEREAS, on August 28 and September 11, 2006 the City Council granted approvals for the The Preserve project with the following actions: - Ordinance 08 -06: Rezone to Planned Unit Development (PUD) - Resolution 06 -137: PUD Development Stage Plan/Preliminary Plat and WHERAS, Section 2, Subd. 10.F.8.g. of the City's Zoning Ordinance, requires that a PUD -final plan be submitted within one year of approval of the PUD Development Stage Plan/Preliminary Plat but allows an extension for six month intervals, and the extension can be approved after the deadline date passes; and WHERAS, Section 1001.055 of City Code (Subdivision Regulations) requires a final plat be submitted within one year of approval of the preliminary plat unless an extension is requested and for good cause is granted by the City Council; and WHEREAS, the City granted extensions with Resolutions 08 -109, 09 -77, 10 -34, 10 -86, and 11- 30; and WHEREAS, a request has been submitted to the City for additional extension; and WHEREAS, the City Council finds that there is good cause to grant an extension because the economic conditions of the real estate market have affected development nationally, regionally, and locally; NOW, THEREFORE, BE TT RESOLVED that the City Council of the City of Lino Lakes hereby approves an extension for submittal of the PUD Final Plan/Final Plat application for the Planned Unit Development originally approved with Resolution No. 06 -137. BE IT FURTHER RESOLVED, that the following conditions apply: 1. The PUD Final Plan/Final Plat application must be submitted by April 1, 2012. 2. All of the conditions of approval included in Resolution No. 06- 137 continue to apply. Jeff Reinert, Mayor • • • ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 22nd day of August 2011. 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. Resolution No. 11 -85, page 2 P66 • • P67 AGENDA ITEM 6D STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: August 22, 2011 TOPIC: Resolution Number 11 -82: Authorizing execution of two agreements with the YMCA as required for the proposed parking lot expansion. • Site Performance Agreement • Operation and Maintenance Agreement for Stormwater Treatment Features Background The YMCA submitted a site plan review application for expansion of the parking area on the north side of their existing facility at 7690 Village Drive. Also submitted at that time was a vacation request, to eliminate a playground easement to allow construction on the proposed site. The playground easement was vacated with the City Council approval of Ordinance Number 12 -11, on July 11, 2011. The ordinance was published on July 18, 2011 and became effective on August 18, 2011. Staff administratively approved the site plan review on August 5, 2011, with conditions. Two of those conditions would be satisfied by City Council adoption of Resolution Number 11 -82, which will authorize both the Site Performance Agreement and Stormwater Maintenance Agreement for the project. The applicant has indicated that the agreements are acceptable to them and has returned a signed and notarized copy for execution. Recommendation Staff recommends approval of Resolution Number 11 -82, authorizing execution of the attached agreements. • Attachments 1. Resolution Number 11 -82 P68 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 11 -82 RESOLUTION APPROVING A SITE IMPROVEMENT PERFORMANCE AGREEMENT AND AN OPERATION AND MAINTENANCE AGREEMENT FOR STORMWATER TREATMENT FEATURES FOR THE YMCA SITE WHEREAS, the YMCA at 7690 Village Drive wishes to expand its parking lot, and; WHEREAS, a site and building plan review was conducted administratively according to Section 2, Subd. 6 of the Zoning Ordinance, and the parking expansion was approved on August 5, 2011, and WHEREAS, the previous Site Improvement Performance Agreement did not include the new parking expansion, and WHEREAS, the previous Operation and Maintenance Agreement for Stormwater Treatment Features did not include new stormwater facilities to be created with the parking expansion. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves a new Site Improvement Performance Agreement (ATTACHMENT A) and a new Operation and Maintenance Agreement for Stormwater Treatment Features (ATTACHMENT B). Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2011. 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. • • Attachment A CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this th day of , 2011 is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and the YMCA of Greater Saint Paul, whose address is 2125 East Hennepin Avenue Minneapolis, Minnesota 55413, hereinafter referred to as the "Developer ". WHEREAS, the Developer has received approval of Site Development Plans, hereinafter called the "Plans ", by the administrative staff of the City on the 5th day of August, 2011 and in accordance with the Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property ") described as follows: Lot 1, Block 1, THE VILLAGE NO. 3, Anoka County, Minnesota, subject to easements, reservations and restrictions of record if any. • NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: I. DESIGNATION OF IMPROVEMENTS. A. Improvements on the project site to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "On -site Work ". B. Improvements off the project site to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Off -site Work ". C. Developer shall enter into an operation and maintenance agreement for stormwater treatment facilities on the site not included in the initial construction plans for the site as approved in 2006. II. ON -SITE WORK. A. On -Site Work. The On -site Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The Work includes all on -site exterior amenities as shown on the approved Plans and as required by the plan approval, such as, but not limited to: landscaping, parking areas, storm drainage systems, hydrants, curbing, lighting, fencing, fire P69 P70 lanes, sidewalks, trails, site grading, tree preservation work and erosion control measures. Such improvements shall be completed in accordance with Section IV herein. B. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the On -Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The description and estimated cost of Developer's On -site Work is as follows: Description of Improvements Estimated Costs 1. Lighting $5,600 2. Curbing / Islands / Delineators $8,640 3. Storm Drainage System / Sewers / Catch Basins / $7,425 Culverts / Swales 4. Driveway/ Curbcut/ Parking Lot/ Fire Lane/ Sidewalks $40,463 6. Landscaping $4,500 7. Erosion Control $1,100 Total Estimated Cost of Developer Improvements $67,728 Security Requirement (Total * 35 %) $23,705 C. Plans & Specifications. The Developer shall prepare plans and specifications for the making of such improvements. Said plans and specifications shall be subject to review and approval by the City of Lino Lakes. D. Construction Observation. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City shall have one or more inspectors inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all reasonable instructions received from the City's inspectors. Prior to construction, the Developer or its engineer shall schedule a preconstruction meeting at a mutually agreeable time at the Lino Lakes City Hall, located at 600 Town Center Parkway, Lino Lakes, Minnesota with contractors, subcontractors, the City staff, and other parties specified by the City to review the program for the construction work. E. Record Plans. Within thirty (30) days after the completion of the improvements the Developer shall supply the City with a complete set of reproducible mylar • • "Record" drawings, and two complete sets of paper copy "Record" drawings, all prepared in accordance with City standards. An electronic copy of the plans shall also be submitted in an AutoCAD DWG format. F. AS -BUILT SURVEY. The Developer's engineer shall certify, in writing with an as -built survey, that all grading complies with the grading plan prior to issuance of building permits. The as -built survey must include, but is not limited to, proposed and final contours with adequate elevation shots to show conformance, property irons (to be exposed in field), low floor and low opening elevations, and the 100 -Year High Water Level (HWL) of all ponds, lakes, and wetland areas. IV. COMPLETION DATE. The activities authorized by site and building plan approval shall be initiated within six (6) months. If such activity is not completed within eighteen (18) months, the City may exercise any remedies as set forth in Section IX., unless an extension is granted by the City. V. GUARANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Off -site Work and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Off -site Work. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred twenty -five (125 %) percent of the total estimated cost of Developer's On -site and Off -site Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. VI. REIMBURSEMENT OF COSTS. A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the On -site and Off -site Work, including, but not limited to, the following: P71 P72 Total Estimated (Budget) Costs for Escrow Account Administration (Legal, Engineering, Planning, and Contract administration) Existing project escrow as of August 10, 2011 $5,000 $5,000 Additional escrow deposit required: $0 B. The City shall have a right to reimburse itself from the Escrow. If it appears that the actual costs incurred will exceed the estimate, then Developer and City shall review the costs required to complete the project. In such case, Developer shall deposit additional sums with the City to pay for the agreed upon increase. VII. REMEDIES FOR BREACH A. The City shall give prior notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within ten (10) days after such notice to it, the Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured, the City will proceed with the remedy it deems appropriate. B. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may in writing direct the surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. 2. Completion by the City. The City, after notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the • • • Letter of Credit the sum equal to the estimated cost of completing the Work, plus the City's estimated expenses as defined herein, including any other costs, expenses, and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be returned to the Developer. VIII. OCCUPATION OF PREMISES The Developer agrees that it will not cause to be occupied any portion of the improvements to be constructed upon the premises until completion of the site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. X. REIMBURSEMENT OF COSTS FOR DEFENSE The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XI. VALIDITY If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. XII. GENERAL A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. B. Notices. Whenever in this Agreement it shall be required or peimitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notices given as above. C. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to P73 P74 this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. D. Hours of Construction Activity. All construction activity shall be limited to the hours set out as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed ATTACHMENT B OPERATION AND MAINTENANCE AGREEMENT FOR STORMWATER TREATMENT FEATURES THIS AGREEMENT made and entered into this day of , 2011, by and between the YMCA of Greater Saint Paul, whose address is 2125 East Hennepin Avenue Minneapolis Minnesota 55413, hereinafter referred to as "Owner" of the Property described • • below; and the City of Lino Lakes, a political subdivision of the State of Minnesota, hereinafter referred to as "City ". WHEREAS, the legal description of the property, hereinafter referred to as "the Property ", is: Lot 1, Block 1, THE VILLAGE NO. 3, Anoka County, Minnesota, subject to easements, reservations and restrictions of record if any. and, WHEREAS, the City has required the Owner to provide onsite stormwater ponds and associated facilities to manage runoff on the above described Property and do all related grading, slope work, and restoration in compliance with approved plans, and WHEREAS, the Lino Lakes City Council approved a Planned Unit Development Final Plan for the initial construction of the YMCA facility on the property with Resolution 06 -09 on the 23rd day of January 2006, and WHEREAS, the City of Lino Lakes administratively approved a Site Plan Review for a Parking Lot Expansion on the property on the 5th day of August 2011. NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. The Owner assumes the full and sole responsibility for the condition, operation, repair, maintenance and management, at no cost to the City, for onsite stormwater ponds, ditches and associated facilities (System) which are to be constructed to comply with the approved plans and Resolution 06 -09 for the purpose of receiving, retaining, treating and transporting all storm water which may be collected within the System. 2. The City shall not under any circumstances be responsible for the on -going physical performance of any repairs, changes or alterations whatsoever to the System and appurtenances and the City shall not be liable for the cost thereof 3. The Owner agrees, at no cost to the City, to regularly: (1) remove accumulated sediment from the System to maintain dead storage volume equivalent to the volume approved by the City, (2) maintain all native perennial vegetation in the System area in a way which does not comprise the effectiveness of the infiltration System, (3) maintain and trim all other shrubs and vegetation in the System, (4) remove all litter and debris from the System, (5) repair or replace any grass or other vegetation in the System area disturbed by maintenance, (6) maintain the System outlet structures, and (7) take all other and further steps which would be reasonably necessary for the purpose of maintaining the System. 4. The Owner agrees to indemnify, and hold harmless and defend the City from all present and future claims that may arise from the construction and maintenance of the System located on the Owner's property. P75 P76 5. In the event that the City believes that the Owner is not maintaining the System in a fashion reasonably consistent with this Agreement, then the City may give written notice to the Owner detailing the deficiency in the manner in which the owner is maintaining the System. If, within 60 days after receipt of this notice, the deficiency described in the notice has not been corrected by the Owner, then the City may, without further notice, take any steps which it deems reasonably necessary in order to correct the deficiency; provided, however, that if the deficiency complained of in such notice is of such a nature that the same can be rectified or cured, but cannot with reasonable diligence be completed within said 60 -day period, then such deficiency shall be deemed to be rectified or cured if Owner shall, within said 60 -day period, commence to rectify and cure the same and shall thereafter complete such rectification and cure with all due diligence. If the Owner does not rectify or cure as provided herein, and the City corrects the deficiency, the Owner agrees to then reimburse the City within 30 days after receipt of invoice for all reasonable costs incurred, to include administrative overhead, by the City in correcting the deficiency. If this invoice is not paid within 30 days of receipt, or the Owner has not commenced an action to contest the reasonableness of the invoice within sixty (60) days after receipt, then the Owner agrees that the City may assess the cost against the Owner's Property. In the event that it becomes necessary for the City to assess the cost of correcting the deficiency as provided herein, then the City is authorized to direct the County Assessor to certify this assessment against the Owner's Property described above, and the Owner waives any right to a public hearing and appeal of such assessment which may statutorily or constitutionally provided for. 6. That any notices required under this agreement shall be sent by certified mail, return receipt requested, or by personal service at the following address: Jim Fudali 7690 Village Drive Lino Lakes, Minnesota 55014 FURTHER, IT IS AGREED that the provisions of this agreement shall be binding upon and enforceable against the parties hereto, their successors and assigns and all subsequent owners of the Property herein described. An executed copy of this agreement shall be filed with the Anoka County Recorder's Office and be made a part of and be binding upon the above described property. This instrument will be unlimited in duration without being re- recorded. • • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: AGENDA ITEM 6E Michael Grochala August 22, 2011 Consideration of Resolution No.11 -86, Authorizing the Execution of a Licensing Agreement with Anoka County for Access to the STAR -Lite System for retrieval of Property Information 3/5 BACKGROUND From time to time it is necessary for staff to retrieve property information from the Anoka County Property Records and Taxation Division. To date, the availability of this information has been limited to record retrieval at the Anoka County Government Center in downtown Anoka. Additionally, a fee was required for copies of recorded documents from the county. Recently, the County has offered to municipalities the option for city staff to access certain property information via a web based program. The web based STAR -Lite System would give staff the ability to access the Anoka County property records, recorded documents, torrens certificates of title, tax and assessment information directly from the city offices. The information available is the same system that is currently used in the Public Research Area at the Government Center. Retrieval of property information via a web based program would provide city staff with a more efficient and economical means for record retrieval. In order to access the STAR -Lite System, the city is required to enter into a License Agreement with Anoka County. RECOMMENDATION Staff recommends approval of Resolution Number 11 -86, entering into an Agreement with Anoka County for Access to the Anoka County STAR -Lite System for retrieval of Property Information. ATTACHMENTS 1. Resolution 11 -86 P77 P78 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 11 -86 A RESOLUTION AUTHORIZING THE EXECUTION OF A LICENSING AGREEMENT WITH ANOKA COUNTY FOR ACCESS TO THE WEB BASED STAR -LITE SYSTEM TO RETRIEVE PROPERTY INFORMATION WHEREAS, the City of Lino Lakes staff is often required to access certain property information from Anoka County; and WHEREAS, the county's STAR -Lite web based system provides online access to county property records, recorded documents, torrens certificates of title, tax and assessment information; and WHEREAS, the county's STAR -Lite web based system is currently available to the City of Lino Lakes at no cost; and WHEREAS, the most economical way to retrieve property information is available to the City of Lino Lakes through a licensing agreement with Anoka County Property Records and Taxation to access the STAR -Lite System. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The Mayor and City Administrator are hereby authorized to execute a licensing agreement with Anoka County Property Records and Taxation for use of its web -based STAR -Lite System. Jeff Reinert, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of August, 2011. 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 ECONOMIC DEVELOPMENT AUTHORITY MEETING MONDAY, AUGUST 22, 2011 City Council Chambers Following the regular City Council Meeting 1. Call to Order and Roll Call 2. Consideration of Minutes of January 10, 2011 jel 1442 3. Consideration of Resolution No. 11 -01 Modifying Development Program for Development Distric No. 1 and TIF Plan for Tax Increment Financing District No. 1 -10 J 4. Adjourn EDA MINUTES January 10, 2011 DRAFT • DATE TIME STARTED TIME ENDED MEMBERS PRESENT • • MEMBERS ABSENT OTHERS PRESENT: : January 11, 2010 . 7:15 p.m. . 7:22 p.m. : Commissioners Gallup, O'Donnell, Roeser, Reinert, Rafferty . None : Mary Divine, Mike Grochala The meeting was called to order at 7:10 p.m. by President Rafferty. CONSIDERATION OF THE MINUTES OF JULY 12, 2010 EDA Member Gallup moved to approve the July 12, 2010 minutes. EDA Member Reinert seconded the motion. Motion carried. CONSIDERATION OF ANNUAL APPOINTMENTS Mary Divine, Economic Development Coordinator, informed the members that each year the EDA is required to hold an annual meeting and make a number of appointments; the list was before the authority for consideration. EDA Member O'Donnell moved that EDA appointments of President, Vice President and Treasurer remain the same as was appointed in 2010; with Rob Rafferty as President, Jeff O'Donnell as Vice - President, and Jeff Reinert as Treasurer; and all other appointments as outlined in the staff report. EDA Member Roeser seconded the motion. Motion carried unanimously. Ms. Divine handed out an annual report of 2010 EDA activity and economic development initiatives that were carried out in 2010, and new marketing materials for EDA members' review. ADJOURNMENT There being no further business, EDA Member Reinert moved to adjourn. EDA Member Gallup seconded the motion. Motion carried unanimously. Meeting adjourned at 7:20 p.m. 1 STAFF ORIGINATOR: AGENDA ITEM 3 Mary Alice Divine DATE: August 22, 2011 TOPIC: Consideration of Resolution No. 11 -01, Modifying Development Program for Development District No. 1 and TIF Plan for Tax Increment Financing District No.1 -10 Vote Required: Simple Majority BACKGROUND: Special legislation was passed in the Minnesota Legislature this session. Minnesota Laws, Ch. 112, Art.11, Section 18 authorizes the City to extend the duration of Lino Lakes Tax Increment Financing District No. 1 -10, located along Lake Drive, through December 31, 2023. If the EDA elects to use this authority, it must use increments collected from the district after February 1, 2011, to pay debt service on bonds issued to finance the I -35W /County Highway 23 interchange reconstruction and the improvements serving Legacy at Woods Edge development. These expenditures would not be subject to the general law restrictions on pooling, including the 5- year rule, and limits on the type of purposes for which economic development district increments may be spent. As required by Minnesota Statutes, Section 469.175, Development District No. 1 and the Plan for TIF District 1 -10 must now be modified to reflect the extended duration of the district and the increased budget, and to ensure that the modification conforms to the Comprehensive Plan. The new legislation was approved by Centennial School District and Anoka County, and the draft plan modification was sent to them for review and comment. The Planning and Zoning Board found the plan consistent with the Comprehensive Plan at its meeting on August 10, 2011. RECOMMENDATION: Approve Resolution No. 11 -01 • • • • • • LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 11 -01 RESOLUTION MODIFYING DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND TIF PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 -10 WHEREAS, the City of Lino Lakes ( "City ") and the Lino Lakes Economic Development Authority (the "Authority ") created and administer Development District No. 1 (the "Development District ") under Minnesota Statutes, Sections 469.124 to 469.134 (the "Municipal Development Act: "); and WHEREAS, within the Development District, the Authority and City previously established Tax Increment Financing District No. 1 -10 (the "TIF District ") pursuant to Minnesota Statutes, Sections 469.174 to 469.1799 (the "TIF Act: "); and WHEREAS, under 2011 Minnesota Laws, Ch. 112, Art. 11, Section 18 (the "Special Law "), the Authority is authorized to collect tax increments from the TIF District through December 31, 2023 and use such increments to pay debt service on bonds issued to finance the interchange of Anoka County Highway 23 and Interstate 35W, and bonds issued to finance public improvements serving the development known as Legacy at Woods Edge; and WHEREAS, the City and Authority have determined to modify the tax increment financing plan for the TIF District in order to implement the Special Law, and to hold a public hearing thereon in accordance with the TIF Act; and WHEREAS, on this date the City Council held a public hearing regarding the Amended Program and Amended TIF Plan at which all persons were given the opportunity to be heard, and thereafter the City Council approved the Amended Program and Amended TIF Plan conditioned only upon approval of those documents by the Authority. NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Economic Development Authority of the City of Lino Lakes as follows: 1. The Amended Program and Amended TIF Plan are hereby approved in substantially the form on file in City Hall. 2. The Authority's advisors and legal counsel are authorized and directed to proceed with the implementation of the Amended TIF Plan and Amended Program. 390471v1 SJB LN140 -80 Approved by the board of commissioners of the Lino Lakes Economic Development Authority this 22nd day of August, 2011. ATTEST: Secretary 390471v1 SJB LN140 -80 2 President • • •