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04/08/2002 Council Packet
AGENDA • ECONOMIC DEVELOPMENT AUTHORITY 6:00 P.M. CITY OF LINO LAKES Monday April 8, 2002 6:30 P.M. - Call to Order and Roll Call - Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items 1. Consent Agenda — A) Consideration of Expenditures: i) April 8, 2002 (Check No.64678 through 64776 in the amount of $179,003.91). • ii) Centennial Fire District (Check No. 13153 through 13170 in the amount • of $13,033.04). iii) Approval of Premises Permit for gambling, 49 Club / Dead Broke Saddle Club, Resolution No. 02 -33 2. Open Mike 3. Finance Department Report, Al Rolek A) Consider Resolution No. 02 -24, setting public hearing for the Five -Year Financial Plan 4. Administration Department Report, Dan Tesch A) Conditional job offer for Youth Resource Officer at elementary schools, Resolution No. 02 -31. 5. Public Safety Department Report, Dave Pecchia None. 6. Public Services Department Report, Rick DeGardner None. 7. Community Development Department Report, Michael Grochala Page 1 • • AGENDA A) 2nd Reading of Ordinance 02 -02, Considering the public right -of -way vacation of part of Fox Trail, Michael Grochala B) Consider Resolution No. 02 -25, Final Payment for 21st Avenue Lift Station; Jim Studenski C) Consider Resolution No. 02 -26, Authorizing Plans and Specifications for the 2002 Sealcoat Program; Jim Studenski D) Consider Resolution No. 02 -27, Authorizing Plans and Specifications for the 2002 Overlay Program; Jim Studenski E) Consider Resolution No. 02 -32, Approving Solid Waste Contract with Anoka County; Marty Asleson F) Consider Resolution No. 02 -28, Authorizing Plans and Specifications for the West Shadow Ponds Street Improvements; Jim Studenski G) Consider Resolution No. 02 -29, Authorizing execution of Site Improvement Performance Agreement with TCF Bank, Michael Grochala H) Consider Resolution No.02 -30, Authorizing Execution of Site Improvement Performance Agreement with McDonalds Corporation, Michael Grochala 8. Unfinished Business 9. New Business A) January 14, 2002 Council Meeting Minutes B) March 20, 2002 Work Session Meeting Minutes C) March 25, 2002 Council Meeting Minutes 10. Community Calendar, April 9 through April 22, 2002: A) Planning & Zoning Board Meeting, Wednesday, April 10, 2002, 6:30 p.m. B) Joint Meeting between Charter Commission and City Council, Thursday, April 11, 2002 C) Council Work Session, Wednesday, April 17, 2002, 5:30 p.m. D) Earth Day, Saturday, April 20, 2002 E) City Council Meeting, Monday, April 22, 2002, 6:30 p.m. Page 2 AGENDA ECONOMIC DEVELOPMENT AUTHORITY MONDAY APRIL 8, 2002 6:00 P.M. 1. Call to Order and Roll Call 2. Consideration of Minutes of December 17, 2001 3. Consideration of Annual Appointments A. EDA Officers: President, Vice President, Treasurer, Assistant Treasurer, Executive Director and Secretary B. Official Newspaper C. Official Depositories 4. Consideration of Resolution No. 02 -01 approving the elimination of a parcel from Tax Increment Financing District No. 1 -9 within Development District No. 1 of the City of Lino Lakes 5. Adjourn • • DRAFT CITY OF LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY MINUTES DATE MEMBERS PRESENT MEMBERS ABSENT OTHERS PRESENT : December 17, 2001 : J. Bergeson, D. Carlson, C. Dahl, J. O'Donnell, J. Reinert : None : Ann Blair, Mary Divine, and Linda Waite Smith and Dan Tesch CONSIDERATION OF MINUTES OF MONDAY, MARCH 12, 2001 EDA Member Carlson moved to approve the March 12, 2001, minutes, as presented. EDA Member O'Donnell seconded the motion. Motion passed unanimously. CONSIDERATION OF RESOLUTION NO. 01-03 APPROVING THE ELIMINATION OF PARCELS FROM TAX INCREMENT FINANCING DISTRICT NO. 1 -5 WITHIN DEVELOPMENT DISTRICT NO. 1 Ms. Divine advised in 1992 the Economic Development Authority created Tax Increment Financing District No. 1 -5 for the purpose of providing TIF assistance for the Cottages of Willow Ponds senior housing. The original intent of the developer was to construct 98 units of rental housing with maximum income limitations on the parcel. Ms. Divine indicated that the project was later downsized to 48 units, and the developer sold off some of the parcel for 10 single - family lots. In the process of gathering annual documentation for income compliance, it was decided that that those lots should have been removed from the District since there is no documentation that income limitations were applied to the single - family homes. Ms. Divine stated that Cottage Homesteads began receiving increment in 1997 and has been receiving the benefit of those homes being in the District. This Resolution removes the parcels from the District and directs staff to notify Anoka County of the reduction of the size of the District and return the increment from the District up to an amount of $50,525. Anoka County will then redistribute it to the City, County and School District. Payments to Cottage Homesteads will be withheld until that increment is recovered. Ms. Divine advised it is recommended that the City Council adopt Resolution No. 01 -03 Approving the Elimination of Parcels from TIF District No. 1 -5. • EDA Member Carlson expressed her appreciation the City staff for their diligence in this • • matter. EDA Member Carlson moved to approve Resolution No. 01 — 03. EDA Member Reinert seconded the motion. Motion passed unanimously. CONSIDERATION OF TERMINATION AGREEMENT WITH H &L MESABI Ms. Divine advised in March 2001 the Economic Development Authority passed a Resolution declaring H &L Mesabi in default on a Development Agreement and Assessment Agreement it had entered into with the Authority. The company had already purchased three acres of property in the Apollo Business Park before making a decision not to build its new facility. Ms. Divine indicated according to State Statute, all parties that enter into an Assessment Agreement must terminate the agreement by "mutual consent." Mr. Bernard Carey, President of H &L Mesabi, was advised that he must take action to terminate the Assessment Agreement with the Economic Development Authority, the School District and Anoka County, or pay taxes on a building that did not exist. Ms. Divine advised Mr. Carey is now planning to sell the three acres of land, and as a condition of sale, his attorney is requesting a Termination Agreement be executed so that when signed by Mr. Carey, there will be evidence of mutual consent. Ms. Divine stated that the agreement is consistent with the Resolution adopted in March, but the Economic Development Authority never explicitly authorized the President and Executive Director to sign such an agreement. This action makes that authorization. Ms. Divine advised it is recommended that the City Council approve the execution of a Termination Agreement with H &L Mesabi. She indicated that approval of the Termination Agreement will be considered by the Council under the Consent Agenda portion of this evening's regular meeting. EDA President Bergeson recommended that consideration of this Termination Agreement be removed from the Consent Agenda during the regular meeting of the City Council this evening and voted on separately so the record will show the Council having taken specific action on this issue. EDA Member Dahl moved to approve the execution of a Termination Agreement with H &L Mesabi. EDA Member O'Donnell seconded the motion. Motion passed unanimously. 2 • • ADJOURNMENT EDA Member O'Donnell moved to adjourn. EDA Member Carlson seconded the motion. Motion passed unanimously. Meeting adjourned at 6:07 p.m. Transcribed by: Lori Rolfson TimeSaver Off Site Secretarial, Inc. 3 • • • AGENDA ITEM 3A STAFF ORIGINATOR: Mary Alice Divine DATE: 4/08/02 TOPIC: Consideration of annual appointments Vote required: Simple majority BACKGROUND: According to Lino Lakes EDA by -laws, the EDA elects a president, vice president, secretary, treasurer and assistant treasurer each year. The offices of president, vice president and treasurer must be held by EDA members. In 2001 the officers were as follows: President: Mayor John Bergeson Vice President: Caroline Dahl Treasurer: Donna Carlson Secretary: Mary Divine Assistant Treasurer: Finance Director Executive Director: City Administrator Staff requests that the Authority elect members for these positions for 2002. This can be completed in one motion, or you can vote on each position separately. OPTIONS: 1. Elect a president, vice- president, secretary, treasurer and assistant treasurer to serve in 2002 2. Return to staff for further consideration RECOMMENDATION: Option 1 • AGENDA ITEM 3B STAFF ORIGINATOR: Mary Alice Divine DATE: 4/08/02 TOPIC: Consideration of EDA Official Newspaper Vote Required: Simple majority BACKGROUND: The EDA is required to publish public notices regarding its meetings. In the past, the EDA has designated the official newspaper to be the same as the city's official newspaper. 0 OPTIONS: • 1. Appoint the Quad Community Press as the EDA official newspaper 2. Return to staff for further consideration RECOMMENDATION: Option 1 • • • STAFF ORIGINATOR: DATE: TOPIC: AGENDA ITEM 3C Mary Alice Divine 4/08/02 Consideration of Official Depositories Vote Required: Simple Majority BACKGROUND: The list of legal depositories approved for 2002 by the City Council is as follows: Wells Fargo First Bank, NA Firstar Bank Dain Bosworth Lino Lakes State Bank Solomon, Smith, Barney Prudential Bache Community National Bank Merrill Lynch Juran & Moody LMC 4M Fund Others as needed These depositories are used for checking, savings and investing city dollars. On occasion the EDA and the city have financial transactions that will require the EDA to have designated legal depositories. OPTIONS: 1. Approve the list of legal depositories 2. Return to staff for further consideration RECOMMENDATION: Option 1 • • • AGENDA ITEM 4 STAFF ORIGINATOR: Mary Alice Divine DATE: 4/08/02 TOPIC: Consideration of Resolution No. 02 -01 approving the Elimination of a Parcel from TIF District No. 1 -9 within Development District No. 1 Vote Required: Simple Majority BACKGROUND: In 1998, the Economic Development Authority created Tax Increment Financing District No. 1 -9 for the purpose of providing TIF assistance to industrial prospects in the Apollo Business Park and the Lakes Business Park. At that time the landowner had interest in developing Lakes Business Park on Lake Drive as a light industrial park. Since that time the landowner has sold a piece of the site to Centennial School District for its new elementary school and the city approved a minor subdivision for the school parcel. The school district wishes to combine the elementary school and the adjacent middle school into one tax exempt parcel. To do so, Anoka County requires the parcel be removed from the TIF District. OPTIONS: 1. Adopt Resolution No. 02 -01 Approving the Elimination of a Parcel from TIF District No. 1 -9. 2. Do not adopt Resolution No. 02 -01. 3. Return to staff for further consideration RECOMMENDATION: Option 1. • • • LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO.02 -01 RESOLUTION APPROVING THE ELIMINATION OF A PARCEL FROM TAX INCREMENT FINANCING DISTRICT NO. 1 -9 WITHIN DEVELOPMENT DISTRICT NO. 1 OF THE CITY OF LINO LAKES. WHEREAS, on December 14, 1998 the Lino Lakes Economic Development Authority (The "Authority ") created its Tax Increment Financing District No. 1 -9 ( "District No. 1 -9 "), County Number R -2, within its Development District No. 1; and WHEREAS, District No. 1 -9, was created as an Economic Development District according to M.S. 469.174, subd.12; and WHEREAS, District 1 -9 included the parcel listed in Attachment A which was previously certified in District 1 -9; and WHEREAS, the adjusted original tax capacity for taxes payable 2002 is $2024.00; and WHEREAS, the current tax capacity for taxes payable in 2002 is $2206.00; and WHEREAS, because the current tax capacity is greater than the adjusted original tax capacity; a public hearing is not required by Minnesota Statutes, Section 469.175, subd. 4; ,and WHEREAS, The Authority desires by this resolution to cause the elimination of the parcel from the District, thereby reducing the size of the District. NOW THEREFORE, BE IT RESOLVED by the Economic Development Authority of the City of Lino Lakes that the parcel is hereby eliminated from District No. 1 -9 and the City's staff shall take such action as is necessary to notify the County Auditor of the reduction in the geographic area of District No. 1 -9 caused by the elimination of such parcel. DATED: , 2002 ATTEST: Executive Director President • The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. ATTACHMENT A Parcel to be removed from Tax Increment Financing District No. 1 -9 17- 31 -22 -32 -0005 • • ' AIRS PARK 10 —I- 6 � EN � 'S5 I; EM;S11 "`_i 252 5 litel 1 2 m� - .�--■.-. ,FARM I of Y4,. 18 �1����NrU� 3 .fib° i- © -r l0 5 SU Hai ..o_� 11 7 U z 9 2 12 a LILAC— - -STREET— STATE - TRUNK - 1 2 04 7 iuI N0 G5' Ou /,o/ APOLLO BUSINESS PAR NO 2 // .5 6 8 9 LINO LAKES L V.4 OUTLOT R EHABILITATIOF\ CENTER 10 :111..a:R dLk �- �ar.cs =. X.H. 1 IWS AUQ: SUB. 3 NO. TRACT A R.L.S. TRACT C %82 MARSHAN CINNAMON TEAL COURT 12 . L'K1.' OpiriTar, j vi 14 -r IF AlrnettT • EXPENDITURES APRIL 8, 2002 • • Date: 04/01/2002 Time: 08:47:21 Ranges: Vendor #: (A) • Invoice #: (A) Entry Journal #: (R) 2347 - 2347 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000008 49 CLUB 1 300.00 300.00 .00 .00 000110 A T & T WIRELESS 2 501.57 501.57 .00 .00 000121 ANDERSON, NANCY 1 62.50 62.50 .00 .00 000126 BENESCH, STEPHEN & SUE 1 62.50 62.50 .00 .00 000138 CISEWSKI, DONALD R. JR. 1 150.00 150.00 .00 .00 000139 EAST BETHEL MOVIE THEATRE 1 305.00 305.00 .00 .00 000140 GRAN, MARGIE 1 54.00 54.00 .00 .00 000141 HOSCHETTE, DAWN 1 22.00 22.00 .00 .00 000142 HAGERT, MELISSA 1 493.67 493.67 .00 .00 000143 LEE, SARI 1 133.00 133.00 .00 .00 000154 MOORE, BONNIE 1 32.00 32.00 .00 .00 0• O'DEA, MARY JO 1 150.00 150.00 .00 .00 000156 SCHNEIDER, NIKKI 1 100.00 100.00 .00 .00 000161 SHILOH CHURCH 1 69.81 69.81 .00 .00 000163 TOLER HALEN, PATRICE 1 100.00 100.00 .00 .00 000164 UDOR 1 626.00 626.00 .00 .00 000236 O'CONNELL, TERESA 1 150.00 150.00 .00 .00 0003250 JOHNSON, KEVIN 1 298.19 298.19 .00 .00 000528 QWEST 1 36.03 36.03 .00 .00 000548 GRUNDHOFER, CONSTANCE 1 150.00 150.00 .00 .00 000930 WILLIAM G. HAWKINS & ASSOCIATES 1 11,558.00 11,558.00 .00 .00 001110 CIRCLE PINES, CITY OF 1 9,326.43 9,326.43 .00 .00 • • Date: 04/01/2002 Time: 08:47:22 CITY OF LINO LAKES FM Entry Invoice Journal Operator: JAL Page: 2 Discount illk# Name # of items Net Gross Discount Lost 001329 DONLIN, AMY 1 100.00 100.00 .00 .00 001700 GOVERNMENT TRAIN SERVICE 1 398.00 398.00 .00 .00 001932 ICMA /MANAGEMENT ASSOCIATION 1 4,594.60 4,594.60 .00 .00 002429 LINO LAKES STATE BANK 1 676.02 676.02 .00 .00 003320 NORTHWEST ASST CONSULTANT, INC. 5 3,932.05 3,932.05 .00 .00 003451 PERA /REGULAR 1 15,986.93 15,986.93 .00 .00 003990 SHOREVIEW, CITY OF 1 305.00 305.00 .00 .00 004070 CONSTRUCTION BULLETIN MAGAZINE 1 152.24 152.24 .00 .00 004350 T.K.D.A. 7 70,066.15 70,066.15 .00 .00 004660 URICH, TRACEY 1 45.00 45.00 .00 .00 004669 VFW POST #6583 1 16.50 16.50 .00 .00 950061 KUKONEN, ROD 1 225.00 225.00 .00 .00 Grand Totals: 45 121,178.19 121,178.19 .00 .00* • • ' Date: 04/01/2002 Time: 09:18:16 Ranges: Vendor #: (A) • Invoice #: (A) Entry Journal #: (R) 2371 - 2371 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Sort: N Vendor # Name CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Check Over Expend: N Discount # of items Net Gross Discount Lost 000166 POSTMASTER Grand Totals: 1 1,500.00 1,500.00 .00 1 1,500.00 1,500.00 .00 .00* Date: 04/02/2002 Time: 10:03:48 Ranges: Vendor #: (A) • Invoice #: (A) Entry Journal #: (R) 2373 - 2373 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Grose Discount Lost 000013 ANOKA POLICE DEPARTMENT 1 315.00 315.00 .00 .00 000082 J. H. LARSON COMPANY, INC. 2 426.49 426.49 .00 .00 000167 ANN ARBOR PRESS 1 100.00 100.00 .00 .00 000168 AMERICAN OFFICE PRODUCTS 1 203.03 203.03 .00 .00 000169 LAKELAND TRUCK CENTER, INC. 1 330.41 330.41 .00 .00 000176 GRAYBAR ELECTRIC COMPANY, INC. 2 413.58 413.58 .00 .00 000177 MAIN FLORAL LTD 1 42.28 42.28 .00 .00 000178 NEECK, WILLIAM 1 250.00 250.00 .00 .00 000180 PRINT CENTRAL 1 441.94 441.94 .00 .00 000268 STRANDELL, BARBARA K. 1 2,800.00 2,800.00 .00 .00 000293 WIPERS AND WIPES, INC. 2 148.34 148.34 .00 .00 ANCHOR PAPER COMPANY, INC. 1 728.90 728.90 .00 .00 000350 ANOKA COUNTY 1 29.82 29.82 .00 .00 000370 ANOKA COUNTY 1 877.45 877.45 .00 .00 000430 ANOKA COUNTY G.I.S. DIVISION 3 75.00 75.00 .00 .00 000528 QWEST 1 54.47 54.47 .00 .00 000542 MYERS TIRE SUPPLY COMPANY, INC. 1 29.02 29.02 .00 .00 000557 BACON'S ELECTRIC COMPANY, INC. 1 216.00 216.00 .00 .00 000724 BLUE TOW SERVICE, INC. 1 149.10 149.10 .00 .00 000810 BRAUER & ASSOCIATES, LTD. 3 3,302.33 3,302.33 .00 .00 000894 FAIRVIEW CLINIC 1 275.00 275.00 .00 .00 000946 C. P. OFFICE PRODUCTS 1 1.78 1.78 .00 .00 Date: 04/02/2002 Time: 10:03:49 CITY OF LINO LAKES FM Entry - Invoice Journal Operator: JAL Page: 2 Discount r # Name # of items Net Gross Discount Lost 001050 CENTENNIAL SCHOOLS 1 243.00 243.00 .00 .00 001100 CIRCLE PINES POST OFFICE 1 346.79 346.79 .00 .00 001104 LAKE COUNTRY /NORTH STAR CHAPTER 1 50.00 50.00 .00 .00 001105 PLANT & FLANGED EQUIPMENT COMPANY, INC. 1 28.49 28.49 .00 .00 001187 CONNEXUS ENERGY 2 13,406.85 13,406.85 .00 .00 001230 CRYSTEEL TRUCK EQUIPMENT, INC. 1 816.61 816.61 .00 .00 001270 DALCO, INC. 1 209.49 209.49 .00 .00 001292 DEHN OIL COMPANY, INC. 1 2,350.60 2,350.60 .00 .00 001480 HAWKINS WATER TREATMENT GROUP, INC. 1 5,429.65 5,429.65 .00 .00 001809 HARRIET ALEXANDER NATURE CENTER 1 30.00 30.00 .00 .00 001847 HIRSHFIELD'S PAINT MANUFACTURING,IN 1 278.00 278.00 .00 .00 001880 HUGO FEED MILL & ELEVATOR, INC. 1 6.76 6.76 .00 .00 002100 JULEEN DESIGNS, INC. 1 25.00 25.00 .00 .00 002270 LAKESIDE AUTO & PAINT, INC. 1 5,052.18 5,052.18 .00 .00 002310 LEAGUE OF MINNESOTA CITIES 1 40.00 40.00 .00 .00 002328 LEEF BROTHER, INC. 1 14.96 14.96 .00 .00 LIFE SAFETY SYSTEMS, INC. 1 526.50 526.50 .00 .00 002340 IMAGE PRINTING & GRAPHICS 1 2,695.10 2,695.10 .00 .00 002440 LITTLE FALLS MACHINE, INC. 1 640.80 640.80 .00 .00 002550 MENARDS, INC. 3 86.67 86.67 .00 .00 002711 MN CHIEFS OF POLICE ASSOCIATION 1 39.41 39.41 .00 .00 002900 MN. DEPARTMENT OF SAFETY 1 16.50 16.50 .00 .00 003228 NORTH AMERICAN SALT COMPANY 2 3,782.75 3,782.75 .00 .00 003280 NORTHERN WATER WKS SUP, INC. 1 305.50 305.50 .00 .00 003285 EHLERS AND ASSOCIATES, INC. 1 125.00 125.00 .00 .00 003390 OFFICEMAX, INC. 1 344.43 344.43 .00 .00 003900 SAFETY KLEEN CORPORATION, INC. 1 93.00 93.00 .00 .00 • Date: 04/02/2002 Time: 10:03:50 CITY OF LINO LAKES Operator: JAL Page: FM Entry - Invoice Journal Discount III# Name # of items Net Gross Discount Lost 004030 SMITH MICRO TECHNOLOGIES, INC. 1 200.22 200.22 .00 .00 004059 SMYSER, JEFF 1 60.00 60.00 .00 .00 004120 ST. JOSEPH EQUIPMENT, INC. 1 96.16 96.16 .00 .00 004173 STATE OF MINNESOTA /BUILDING CODES & STAN 1 30.00 30.00 .00 .00 004240 STREICHER'S, INC. 1 95.74 95.74 .00 .00 004251 SUBURBAN INSPECTIONS, INC. 1 1,194.75 1,194.75 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 3 1,105.75 1,105.75 .00 .00 004510 TRUCK UTILITIES, INC. 1 35.35 35.35 .00 .00 004562 U.S. FILTER /WATERPRO, INC. 2 4,415.78 4,415.78 .00 .00 004671 VERIZON WIRELESS 1 359.58 359.58 .00 .00 004840 WINNICK SUPPLY, INC. 1 352.78 352.78 .00 .00 004900 ZEP MANUFACTURING COMPANY, INC. 1 159.55 159.55 .00 .00 900591 CORPORATE EXPRESS, INC. 1 26.08 26.08 .00 .00 Grand Totals: 76 56,325.72 56,325.72 .00 .00* • • Date: 04/02/2002 Time: 13:49:37 Operator: JAL • Ranges: Options: Page: 1 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name 64682 64684 0 64685 0 64687 0 64691 64694 64695 0 64698 64699 1/10" 0 01 64704 64707 64709 64711 64713 2370 - 2375 Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept Amount 49 CLUB ANDERSON, NANCY ANOKA COUNTY G.I.S. DI BENESCH, STEPHEN & SUE BLUE TOW SERVICE, INC. CISEWSKI, DONALD R. JR CONNEXUS ENERGY GRAN, MARGIE HOSCHETTE, DAWN ICMA /MANAGEMENT ASSOCI LAKESIDE AUTO & PAINT, LEE, SARI LINO LAKES STATE BANK MN. DEPARTMENT OF SAFE MOORE, BONNIE NEECK, WILLIAM NORTHWEST ASST PERA /REGULAR SHILOH CHURCH T.K.D.A. UDOR VFW POST #6583 REIMBURSE S T ESCROW * * * * * * ** REIMBURSE S T ESCROW * * * * * * ** PARCEL SEARCH * * * * * * ** REIMBURSE S T ESCROW * * * * * * ** TOW /2 * * * * * * ** REIMBURSE S T ESCROW * * * * * * ** OUTDOOR LIGHTS /H MEAD WE * * * * * * ** REIMBURSE PROGRAM REC * * * * * * ** REIMBURSE PROGRAM REC * * * * * * ** PAYROLL WITHHOLDING /3015 * * * * * * ** REPAIR /REFINISH SQUAD * * * * * * ** REIMBURSE S T ESCROW * * * * * * ** REIMBURSE S T ESCROW * * * * * * ** LICENSE PLATES * * * * * * ** REIMBURSE PROGRAM REC * * * * * * ** REIMBURSE ESCROW * * * * * * ** CONSULT TECHNICAL ASSISTANCE /FEB * * * * * * ** PAYROLL WITHHOLDING * * * * * * ** REIMBURSE S T ESCROW * * * * * * ** PROFESSIONAL SERVICES /JA * * * * * * ** REIMBURSE S T ESCROW * * * * * * ** REIMBURSE S T ESCROW * * * * * * ** Total for Dept ** 64678 M EAST BETHEL MOVIE THEA PROGRAM REC 0 HARRIET ALEXANDER NATU PROGRAM REC 64679 M SHOREVIEW, CITY OF PROGRAM REC Total for Dept 205 O MAIN FLORAL LTD SPECIAL SPECIAL SPECIAL FRESH ARRANGEMENT MAYOR /CO Total for Dept 401 64683 A T & T WIRELESS MONTHLY SERVICE /MAR ADMINIST 64690 GOVERNMENT TRAIN SERVI REGISTRATION /LINDA WS & ADMINIST O LEAGUE OF MINNESOTA CI REGISTRATION /ANN B & LIN ADMINIST O STRANDELL, BARBARA K. PROFESSIONAL SERVICES ADMINIST • 300.00 62.50 75.00 62.50 149.10 150.00 11,331.00 54.00 22.00 4,594.60 4,552.18 133.00 676.02 16.50 32.00 250.00 403.50 15,986.93 69.81 4,360.36 626.00 16.50 43,923.50* 305.00 30.00 305.00 640.00* 42.28 42.28* 28.38 398.00 40.00 2,800.00 Date: 04/02/2002 Time: 13:49:38 Operator: JAL Page: 2 CITY OF LINO LAKES • FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount O TIMESAVER OFF -SITE SEC MAR 20 ADMINIST 848.75 Total for Dept 402 4,115.13* 64683 A T & T WIRELESS MONTHLY SERVICE /MAR SENIORS 69.92 Total for Dept 406 69.92* 64714 WILLIAM G. HAWKINS & A MUNICIPAL /CRIMINAL ATTOR LEGAL CO 10,821.00 Total for Dept 414 10,821.00* 64683 A T & T WIRELESS MONTHLY SERVICE /MAR ECONOMIC 27.31 Total for Dept 415 27.31* 64701 NORTHWEST ASST CONSULT PROFESSIONAL SERVICES /FE PLANNING 3,528.55 0 SMYSER, JEFF TUITION /2 PLANNING 60.00 0 TIMESAVER OFF -SITE SEC FEB 27, MAR 11, MAR 13 PLANNING 103.00 Total for Dept 416 3,691.55* 64709 T.K.D.A. PROFESSIONAL SERVICES /JA ENGINEER 11,203.47 Total for Dept 417 11,203.47* 0 SMITH MICRO TECHNOI,OGI CLEANING CARTRIDGE Communit 186.38 Total for Dept 418 186.38* 64683 A T & T WIRELESS MONTHLY SERVICE /MAR POLICE 42.50 O ANOKA COUNTY AT & T SERV CHARGE /SERV POLICE 877.45 O ANOKA POLICE DEPARTMEN TRAINING POLICE 315.00 0 CONNEXUS ENERGY MONTHLY SERVICE /MAR POLICE 10.65 O FAIRVIEW CLINIC DRUG SCREEN POLICE 275.00 1110 3 HAGERT, MELISSA REIMBURSE UNIFORM ALLOWA POLICE 493.67 6 JOHNSON, KEVIN REIMBURSE UNIFORM ALLOWA POLICE 298.19 0 LAKESIDE AUTO & PAINT, REPAIR /REFINISH SQUAD POLICE 500.00 O MN CHIEFS OF POLICE AS PERMITS POLICE 39.41 O OFFICEMAX, INC. OFFICE SUPPLIES POLICE 24.49 O VERIZON WIRELESS MONTHLY SERVICE POLICE 359.58 Total for Dept 420 3,235.94* O IMAGE PRINTING & GRAPH PRINTING SERVICE BUILDING 63.69 O LAKE COUNTRY /NORTH STA REGISTRATION /PETE K BUILDING 50.00 O OFFICEMAX, INC. OFFICE SUPPLIES BUILDING 27.65 O STATE OF MINNESOTA /BUI REGISTRATION /PETE K BUILDING 30.00 O SUBURBAN INSPECTIONS, ELECTRICAL INSPECTIONS BUILDING 1,194.75 Total for Dept 422 1,366.09* 64683 A T & T WIRELESS MONTHLY SERVICE /MAR STREETS 27.31 0 CONNEXUS ENERGY MONTHLY SERVICE /MAR STREETS 646.03 0 MENARDS, INC. MAILBOX STREETS 4.95 0 NORTH AMERICAN SALT CO HWY SALT STREETS 3,782.75 Total for Dept 430 4,461.04* O CRYSTEEL TRUCK EQUIPME LIGHT /CONNECTOR KIT /BOX FLEET 816.61 • Date: 04/02/2002 Time: 13:49:39 Operator: JAL Check # Page: CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount 0 DEHN OIL COMPANY, INC. GASOHOL O HUGO FEED MILL & ELEVA SCALE USE O JULEEN DESIGNS, INC. FABRICATE BLACK O LAKELAND TRUCK CENTER, CABLE TIE 0 LEEF BROTHER, INC. SHOP TOWELS O LITTLE FALLS MACHINE, PARTS /SUPPLIES O MYERS TIRE SUPPLY COMP PARTS /SUPPLIES 0 ST. JOSEPH EQUIPMENT, ASPHALT GRINDER O STREICHER'S, INC. HEADLIGHT FLASHER 0 TRUCK UTILITIES, INC. TOGGLE SWITCH O WINNICK SUPPLY, INC. PARTS /SUPPLIES Total for Dept 431 FLEET FLEET VINYL FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET 0 0 0 0 64686 0 0 0 0 0 0 0 0 0 0 83 A T & T WIRELESS MONTHLY SERVICE /MAR 0 ANN ARBOR PRESS HANDBOOK 0 BRAUER & ASSOCIATES, L MASTER PLAN O CENTENNIAL SCHOOLS SPRAY PAINT 64686 CIRCLE PINES, CITY OF MONTHLY SERVICE /MAR AMERICAN OFFICE PRODUC TONER ANCHOR PAPER COMPANY, PAPER ANOKA COUNTY C. P. OFFICE PRODUCTS CIRCLE PINES, CITY OF CONNEXUS ENERGY CORPORATE EXPRESS, INC DALCO, INC. IMAGE PRINTING & GRAPH J. H. LARSON COMPANY, LIFE SAFETY SYSTEMS, I OFFICEMAX, INC. SMITH MICRO TECHNOLOGI WIPERS AND WIPES, INC. ZEP MANUFACTURING COMP MAPS OFFICE SUPPLIES MONTHLY SERVICE /MAR MONTHLY SERVICE /MAR OFFICE SUPPLIES JANITORIAL SUPPLIES PRINTING SERVICE SUPPLIES SERVICE CALLS /3 OFFICE SUPPLIES CLEANING CARTRIDGE JANITORIAL SUPPLIES SUPPLIES Total for Dept 432 0 HIRSHFIELD'S PAINT O MENARDS, INC. 64680 M POSTMASTER 0 0 64712 64714 PRINT CENTRAL QWEST URICH, TRACEY WILLIAM G. HAWKINS 64683 A T & T WIRELESS GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME PARKS PARKS PARKS PARKS PARKS MAN STRIPING PAINT PARKS LUMBER /SUPPLIES PARKS POSTAGE /PARK REF PARKS BROCHURE: REFERENDUM PARKS MONTHLY SERVICE /APR PARKS REIMBURSE CLOTHING ALLOW PARKS & A MUNICIPAL /CRIMINAL ATTOR PARKS Total for Dept 450 MONTHLY SERVICE /MAR RECREATI Total for Dept 451 64683 A T & T WIRELESS MONTHLY SERVICE /MAR ENVIRONM 64689 DONLIN, AMY QUARTERLY STIPEND ENVIRONM 64692 GRUNDHOFER, CONSTANCE QUARTERLY STIPEND ENVIRONM • 2,350.60 6.76 25.00 330.41 14.96 640.80 29.02 96.16 95.74 35.35 203.34 4,644.75* 203.03 728.90 29.82 1.78 8,931.92 501.50 26.08 209.49 2,631.41 426.49 526.50 292.29 13.84 148.34 159.55 14,830.94* 79.79 100.00 1,546.78 243.00 394.51 278.00 65.83 1,500.00 441.94 54.47 45.00 330.00 5,079.32* 90.91 90.91* 27.31 100.00 150.00 4. Date: 04/02/2002 Time: 13:49:39 Operator: JAL • Check # 64697 64702 64703 64706 0 64710 Page: 4 CITY OF LINO LAKES FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount KUKONEN, ROD O'CONNELL, TERESA O'DEA, MARY JO SCHNEIDER, NIKKI QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND TIMESAVER OFF -SITE SEC FEB 27, MAR 11, MAR 13 TOLER HALEN, PATRICE QUARTERLY STIPEND Total for Dept 461 0 SAFETY KLEEN CORPORATI RECYCLE USED OIL Total for Dept 462 64683 0 64681 0 0 0 0 0 0 64705 64709 0 0 A T & T WIRELESS BACON'S ELECTRIC COMPA M CIRCLE PINES POST OFFI CONNEXUS ENERGY GRAYBAR ELECTRIC COMPA HAWKINS WATER TREATMEN MENARDS, INC.. WATER WKS SUP PLANT & FLANGED EQUIPM QWEST T.K.D.A. U.S. FILTER /WATERPRO, WINNICK SUPPLY, INC. MONTHLY SERVICE /MAR REPLACE TIMER /WELL #2 POSTAGE /UTILITY MONTHLY SERVICE /MAR FILTER /COUPLER CHEMICALS TOOL CARRIER /MORTAR MIX SWITCH /FLARE /CURB STOP GASKET /BOLT MONTHLY SERVICE /MAR GENERAL ENGINEERING /JAN REGISTERS PARTS /SUPPLIES Total for Dept 494 64681 M CIRCLE PINES POST OFFI POSTAGE /UTILITY 0 CONNEXUS ENERGY MONTHLY SERVICE /MAR Total for Dept 495 1110 0 BRAUER & ASSOCIATES, L CONSTRUCTION DOCUMENTS OTHER 1,755.55 64688 CONSTRUCTION BULLETIN ADVERTISING OTHER 152.24 64709 T.K.D.A. GENERAL ENGINEERING /JAN OTHER 54,192.06 64714 WILLIAM G. HAWKINS & A MUNICIPAL /CRIMINAL ATTOR OTHER 407.00 Total for Dept 499 56,506.85* ENVIRONM ENVIRONM ENVIRONM ENVIRONM ENVIRONM ENVIRONM 225.00 150.00 150.00 100.00 154.00 100.00 1,156.31* SOLID WA 93.00 93.00* WATER 108.14 WATER 216.00 WATER 173.39 WATER 794.31 WATER 413.58 WATER 5,429.65 WATER 15.89 WATER 305.50 WATER 28.49 WATER 36.03 WATER 310.26 WATER 4,415.78 WATER 149.44 12,396.46* SEWER 173.40 SEWER 123.36 296.76* 0 EHLERS AND ASSOCIATES, PROFESSIONAL SERVICE TIF ADMI 125.00 Total for Dept 500 125.00* Grand Total 179,003.91* • • • Centennial Fire District Check Register 4/2/02 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 4/2/02 13153 4/2/02 13154 4/2/02 13155 4/2/02 13156 4/2/02 13157 4/2/02 13158 4/2/02 13159 4/2/02 13160 4/2/02 13161 4/2/02 13162 4/2/02 13163 4/2/02 13164 4/2/02 13165 4/2/02 13166 4/2/02 13167 4/2/02 13168 4/2/02 13169 4/2/02 13170 Arthur Mohler Aspen Mills Capitol Communications Centennial Utilities City of Lino Lakes Clarey's Safety Equipment, Inc. Emergency Apparatus Maintenance Fairview Lakes Clinic General Safety Equipment Lakeside Collision, Inc. League of Minnesota Cities Insurance Trust Metrocall Milo Bennett Orkin Exterminating Reliant Energy Minnegasco Sentry Systems, Inc. Verizon Wireless Viking Office Products 1 of 1 ACCOUNT AMOUNT 42230 - Cleaning Supplies 31.93 42120 - Uniform Expense 175.00 42110 - Other Maintenance 418.75 42251 - Station 1 - Gas 469.50 33600 - Misc. Income /Burn Permits 120.00 42130 - Equipment Expense 157.50 42000 - Vehicle Maintenance 864.14 42150 - Medical Physicals 240.00 42130 - Equipment Expense 149.76 42000 - Vehicle Maintenance 541.01 42140 - Insurance Expense 8,188.00 42240 - Telephone Expense 71.90 42220 - Travel, Conference, School 678.08 42110 - Other Maintenance 51.12 42253 - Station 2 - Gas 627.06 42110 - Other Maintenance 60.55 42240 - Telephone Expense 108.37 42180 - Office Supplies 80.37 Total $13,033.04 • Agenda Item — 1A(iii) Staff Originator: Ann J. Blair, City Clerk Date: April 8, 2002 Topic: Resolution No. 02 -33, Approving Application for Minnesota Lawful Gambling License for 49 Club / Dead Broke Saddle Club Vote Required: Simple Majority (3/5 Vote). Background Attached is an application from the 49 Club / Dead Broke Saddle Club for approval of their premises permit renewal for their State gambling license. The renewal period is two years, as per State guidelines. • Resolution No. 02 -33 approves the application for the premises permit renewal. • Options 1. Approve Resolution No. 02 -33 2. Deny Resolution No. 02 -33 Recommendation Option 1 • • • CITY OF LINO LAKES RESOLUTION NO. 02-33 PREMISES PERMIT APPROVAL FOR APPLICATION FOR LAWFUL GAMBLING AT 49 CLUB DEAD BROKE SADDLE CLUB WHEREAS, the City Council of the City of Lino Lakes met at its regularly scheduled meeting of April 8, 2002, and; WHEREAS, the Lino Lakes City Council discussed lawful gambling at the 49 Club, and; WHEREAS, the City of Lino Lakes had conducted an investigation of the 49 Club and the Dead Broke Saddle Club, and; WHEREAS, the 49 Club and Dead Broke Saddle Club is in compliance with City Ordinance; WHEREAS, the 49 Club and the Dead Broke Saddle Club appears to take into consideration the best interest of the City of Lino Lakes, and; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves the Premises Permit Application for the 49 Club / Dead Broke Saddle Club of Lino Lakes. Adopted by the Lino Lakes City Council this day of , 2002. ATTEST: Ann J. Blair, City Clerk John Bergeson, Mayor • Lino Lakes Police Department Memo To: Ann Blair Lino Lakes City Clerk From: Detective Vana Investigations Lino Lakes Police Department Date: 2/20 /2002 Re: Gambling License Renewals • I have conducted checks on the following: • 49 CLUB I have conducted criminal and contact checks on the business and license holder. The business has had several contacts with the police department. Lino Lakes Police Department has also arrested business owner, but not manager, in the past for criminal conduct. I have discovered no information related to gambling or to deny license renewal. If you have any questions, please contact me at 2318. • Page 1 • • • MEMORANDUM Date: February 7, 2002 To: Police Department, Dave Pecchia From: Ann Blair, City Clerk Re: Background Investigation for Gambling Premises Permit Application at the 49 Club Attached please find a copy of an application from an organization known as the "Dead Broke Saddle Club" for gambling (pull -tabs, paddlewheels and raffles) at the 49 Club. Mark Larson, the Gambling Manager, requested this be placed on an upcoming Council agenda. Please conduct a background investigation relevant to this, and let me know when it is complete. If you have any questions or concerns, please let me know. Thanks! rD 13 °C C6° A= .). p /1%4r n /77/(I/4E4- >//n," Minnesota Lawful Gambling Lease for Pull -Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221 Name of Legal Owner of Premises Street Address ,. '4 - r` - ame of Lessor Street Address (If same as legal owner, write in "SAME') av 1 a -Y\ 8 NA,Ne Lo- % \\A, .� Name of Leased Premises Street Address P Lta CA CI ta_ •ck Qa Name of Lessee (name of organization leasing the premises) >d Ad r-b•roV e S c \1,9, City State vN L Zip Daytime Phone O t : 1. .I -•a City State Zip Daytime Phone Mn �- -- L: N,c'Lves S So iLl5_ 1104 -2:789 Zip Daytime Phone City UAV-a S 550\t4 5 t St-1- 99 as GCB license no. of organization Daytime Phone 1)1-03C0 (054-' -j q - -zz5 Rent Information • Total rent cannot exceed $1,000 per month for all non -bingo activity for this premises. • For bingo activity, use lease form LG222. • For pun-tact dispensing machines, use •ease form LG223. • An organization may not pay rent to itself or to any of its affiliates for space used for the conduct of lawful gambling. Rent to be paid per month $ (If no rent is to be paid, indicate -0-) OOo Sketch and Dimensions of Leased Area Sketch: For all areas being leased for the conduct of gambling and storage of gambling product at this premises, attach a sketch (drawing) showing: (1) the leased area(s), and (2) the dimensions. Dimensions The leased areas are: Q feet by ce3. feet by feet by Storage feet by Storage feet by For Premises Permit Renewal Applications Only: if no changes have been made at the site, you do not have to complete this section or provide a sketch. feet for a total of feet for a total of feet for a total of feet for a total of feet for a total of Combined total square feet. square feet. square feet. square feet. square feet. square feet. Lawful Gambling Activity Type of gambling activity that will be conducted at this gambling premises. Check all that apply. Paddlewheels )(1 Pull -Tabs Fre Raffles n Tipboards Term of Lease Amended Lease Only The term of this lease agreement will be concurrent with the premises permit issued by the Gambling 'Control Board, unless terminated sooner by mutual consent of the lessor and lessee. If this is an amended lease showing changes occur - ring during the term of the current premises permit, write in the date that the changes will be effective / / . Both parties that signed the lease must initial and date all changes. Questions on this form should be directed to ,the Licensing Section of the Gambling Control Board (Board) at" 651 -639- 4000. This publication will be made available in alternative format (Le, large,print, Braille), upon request. Haprjp9 Irtipaiced individuals using a TTY may call the Minnesota Relay Service at 1- 800 - 627 -3529 and ask to place a call to 651-639-4000. Thy i\nformatiori_requested on this form will become public Information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. Page 1 of 2 •t199 Lease for Pull -Tab, Paddlewheel, Tipboard, and /or Raffle Activity - LC221 LESSOR PROHIBITIONS Management of Gambling Prohibited The owner of the premises or the lessor will not manage the conduct of gambling at the premises. Participation as Players Prohibited The lessor, the lessor's immediate family, and any agents or gambling employees of the lessor will not participate as players in the conduct of lawful gambling on the premises. Illegal Gambling 1. The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes, section 609.75, and the pei.aii: es or i iega gambling violations in Minnesota Rules, part 7861.0050, subpart 3. 2. To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes, section 609.75, and the penalties for illegal gambling violations in Minnesota Rules, part 7861.0050, subpart 3. 3. Notwithstanding Minnesota Rules, part 7861.0050, subp. 3, an organization must continue making rent payments, pursuant to the terms of the lease, if the organization or its agents are found to be solely responsible for any illegal gambling conducted at that site that is prohibited by Minnesota Rules, part 7861.0050, subpart 1, or Minnesota Statutes, section 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. 4. The lessor shall not modify or terminate the lease in whole or in part because the organization reported to a state or local law enforcement authority or the board the occurrence at the site of illegal gambling activity in which the organization did not participate. Other Prohibitions 1. The lessor will not impose restrictions - on the organization with respect to providers (distributors) of gambling- related equipment and services or in the use of net profits for lawful purposes. 2. The lessor, the lessor's immediate family, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. 3. If there is a dispute as to whether any of these lease provisions have been violated, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. 4. The lessor shall not modify or terminate this lease in whole or in part due to the lessor's violation of the provisions listed on this lease. Arbitration Process The lessor agrees to arbitration when a violation of these lease provisions is alleged. The arbitrator shall be the CRG. (ACCESS TO PERMITTED PREMISES State of Minnesota and Law Enforcement The board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have access to the permitted —PrriReg -t Iris reasonable time during the business hours of the lessor. Organization The organization has access to the permitted premises during any time reasonable and when necessary for the conduct of lawful gambling on the premises. I LESSOR RECORDS MAINTAINED The lessor shall maintain a record of all money received from the organization, and make the record available to the board and its agents, the commissioners of revenue and public safety and their agents upon demand. The record shall be maintained for a period of 3-1/2 years. OTHER OBLIGATIONS AND AGREEMENTS = Attachment All obligations and agreements between the organization and the lessor are contained in or attached to this lease. (Attach additional sheets if necessary. Any attachments to this lease must be dated and signed by both the lessor and the lessee.) esc Lec-, .3zy:VYY-vw. rash cofd 41 150 mom e` R L This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities other than bingo and pull -tab dispensing devices. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to this lease. Any changes in this lease will be submitted to the Gambling Control Board ten days prior to the effective date of the hange. cDU . 2 n asp _z z _oa Signature of Lessor Dat g Lure of Org.'f'ation Official (Lessee) S Ti p -I e. /f :c4A 4 / .T B.A vac r: o ..c a 7 Print Name and Title of Lessor "Print Name and Title of Lessee Page 2 of 2 1/99 • • • Minnesota Lawful Gambling • LG214 Premises Permit Application • • Page 1 of 3 7/01 FOR BOARD USE ONLY Check # Amount Expiratation date Class of Permit Check one ❑ Class A - Pull -tabs, tipboards, paddlewheels, raffles, bingo Premises Permit Fee Two years During 2nd year of organization license $400 . , $200 kli Class B - Pull -tabs, tipboards, paddlewheels, raffles ' $250 $125) . Class C Bingo OR bingo total $200 $100 - only and pull -tabs when gross receipts does not exceed $50,000 per year ❑ Class D - Raffles only $150 $ 75 Organization Information Organization name (as it'ppears documentation filed : th Minnesota Secretary of State or lnternai Revenue Service) eo,��cce_ Or, gar.izati li:;ense number Name ofchief executive officer (cannot be your gambling manager) '(`n C.� ��� S � r r e S S Daytime phone number, including area code 6►Z- 34-n - 8 a2 Gambling Premises Information Name of establishmentwhere gambling will be conducted Street address (do not use a P.O. box number) u q C` wb l9 0(D.--1 \-\ o ., b , Y ■ 'CZ da). City & county where gambling premises is located —, a L'c L,P►v_eS Aro .a I Township & county where gambling premises is located if outside city limits. Is the premises located within city limits? Yes 51 No ❑ If No, is township: ❑ Organized ❑ Unorganized ❑ Unincorporated Does your organization own the building where the gambling will be conducted? ❑ Yes rg No If no, attach (1) the appropriate lawful gambling lease form, and (2) the sketch of all leased areas with dimensions and square footage clearly defined. A lease and sketch are not required for class D applications. Name of legal owner of premises Address City State/Zip ,'nom '...,(-0 _arc loon' Arzi&cocvN (2�aA_ Lrb La`c.es mw-. Sso∎L-1 Address(es) of Storage Space of Gambling Equipment List all locations where used and unused gambling product is stored. Do not use a P.O. box number. (Attach an additional sheet if necessary.) Address City S �- ova rd..e_ m State/Zip .5 my-N 5 5o3 8 LG214 - Premises Permit Application Page2of3 Bingo Occasions for Class A or C Permits If applying for a class A or C permit, enter day and beginning /ending hours of bingo occasions (indicate A.M. or P.M.). No more than ten bingo occasions may be conducted per week. An occasion must be at least one and one -half hours, not to exceed four hours. Day Beginning/Ending Hours Qy Beginning/Ending Hours y Beginning/Ending lrlours to to to to to to to to to to Noon Hour Bingo Only Day Beginning/Ending Hours Day Beginning/Ending Hours Qy Beginning/Ending Hours to to to to — to �..,_— to . to Gambling Bank Account Information Bank name Bank account number* co, Bank street addres I 65 S City State /Zip code e v Q res ,r„� 55 0 Z. 5 * New organizations: The account number may be obtained and submitted to the Gambling Control Board within ten days after you receive your premises permit. Name, address, and title of members authorized to sign checks from the gambling account. The organization's treasurer may not handle gambling funds. :• .. Name Street Address City Zip Code Title ` !C `.. 3 sl SS -S\- f1rnh Tr SS04 z. Q ccs l dsIw Vic PN.c.5 - e\ —\off t;03. \t ,S Av. \ c co LNk� r w. S50 7 m 21.•(--Y... S mar, 0,r- \ �■o So rvz eve " ' rtSi- Le MY-. GS0 'ZS Gar.. mar'ao ' 0 rn - Sc-V•a ha%.,S.Q,.. 1 b t5 L( - ZUoi'^ 61c w\ Scam►'• `Mv. 65 b `13 tO ar1 'c.c.., Acknowledgment Oath Gambling site authorization • I declare that: I hereby consent that local law enforcement officers, 1. I have read this application and all information submitted the board or agents of the board, or the commissioner to the board is true, accurate, and complete; of revenue or public safety or agents of the 2. all other required information has been fully disclosed; commissioners may enter the premises to enforce the 3. I am the chief executive officer of the organization; law. 4. I assume full responsibility for the fair and lawful Bank records information , :',. _: operation of all activities to be conducted; The board is authorized to inspect the bank records of 5. I will familiarize myself with the laws of Minnesota the gambling account whenever necessary to fulfill " governing lawful gambling and rules of the board and requirements of current gambling rules and law: `` . agree, if licensed, to abide by those laws and rules, • including amendments to them; Organization license authorization 6. any changes in application information will be submitted I hereby authorize the Gambling Control Board to. to the board and local unit of government within ten days modify the class of organization license to be of the change; and consistent with the class of premises permit being applied for. 7. I understand that failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. Signature of chief executive officer (Designee may not sign) Date • LG214 - Premises Permit Application Page 3 of 3 7/01 Local Unit of Government Acknowledgment and Approval If the gambling premises is within city limits, the city must sign this application and provide a resolution. On behalf of the city, I hereby acknowledge this application for lawful gambling activity at the premises located within the city's jurisdiction, and that a Print name of city resolution specifically approving or denying the application will be forwarded to the applying organization. Signature of city personnel receiving application Title Date If the gambling premises is located in a township, both the county and township must sign this application. The county must provide a resolution. For the township On behalf of the township, I acknowledge that the organization is applying to conduct lawful gambling activity within the township Print name of township limits. A township has no statutory authority to approve or Signature of township official acknowledging application deny an application (Minn. Stat. 349.213, subd. 2). Title Date For the county On behalf of the county, I hereby acknowledge this application for lawful gambling Print name of county activity at the premises located within the county's jurisdiction, and that a resolution specifically Signature of county personnel receiving application approved or denying the application will be for - warded to the applying organization. Title Date The information requested on this form (and any attachments) will be used by the Gambling Control Board to determine your qualifications to be involved in lawful gambling activities in Minnesota, and to assist the Board in conducting a background investigation of you. You have the right to refuse to supply the information requested; however, if you refuse to supply this , information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a premises permit. If you supply the information requested, the Board will be able to process your application. This form may require the disclosure of your Social Security number. If so, your Social Security number will be used to determine your compliance with the tax laws of Minnesota. Authorization for requiring your Social Security number is found at 42 U.S.C. 405 (c)(i). Your name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your premises permit. When the Board issues your • premises permit, all of the information that you have provided to the Board in the process of applying for your premises permit will become public except for your Social Security number, which remains private. If the Board does not issue you a premises permit, all the information you have provided in the process of applying for a premises permit remains private, with the exception of your name and address which will remain public. Private data about you are available only to the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. Questions? Call the Licensing Section of the Gambling Control Board at 651- 639 -4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service at 1- 800 -627 -3529 and ask to place a call to 651- 639 -4000. This form will be made available in alternative format (i.e. large print, Braille) upon request. LG214 Premises Permit Application - Instructions Attachments 7/01 • 1. LEASE AND SKETCH. If the gambling premises is leased, attach a copy of: • the appropriate lawful gambling lease form LG221 Lease for pull -tab, paddlewheels, tipboard, and/or raffle activity. LG222 Lease for bingo activity. LG223 Lease for pull -tab dispensing device activity. • the sketch of all leased areas with dimensions and square footage clearly defined. 2. PERMIT FEE. For each premises permit application, attach a separate check, payable to the State of Minnesota, for the appropriate permit fee. 3. RESOLUTION OF APPROVAL. • The premises permit application rn (Pt be approved-by the is cal unit - of government (city or county). Attach a copy of the resolution which shows approval of your application. • If the local unit of government denies your application, do not submit the application to the Gambling Control Board. Where to mail your application Mail your completed application with the attachments to: Gambling Control Board Suite 300 South 1711 West County Road B Roseville, MN 55113 Term of permit The expiration date of a premises permit is the same as the expiration date of your organization's license. Local ordinances Check with the local unit of government (city or county) regarding local ordinances, if any, that apply to lawful gambling. Local ordinances may be more restrictive than statute or rule. • • a \ 6 0 O O CA U CO A Co 0) Ca N 0) W 0 N CO N Co N 4 N 0) N Cr N A N 40 N N N3 N 0 C0 Co - O) Oi A W N --• 0 C0 07 V 0) CT A CO N -s DEAD BROKE SADDLE CLUB Johnsoemi) Johnson Jerentosky 2 N Henning 1Harts Harts 1Gillette 1Gillette 1Fla- "n N 09 1 Engstrom Dresel Dresel Dresel Dresel Dunsmore Coyne Coyne 0 N c O_ 1 Chatterton Cardinal Chatterton Benkler Berke Berke Blahoski Bortko Bortko Bragg Browne Browne (Nelson) Burress Burress Cardinal ; Z x* C m Amy Brian A m ..< 1 Brian Neal K m X Cindy Dale n o o 1Chad Dick Ann Bruce Sandy Dick Joseph Kris v if 1Rebecca Jim David Mary Jerry Judy John Frank Liane Sue Raymond Barbara Ann Mike Mary Butch x I I 1 651 - 674 -2311 651- 674 -2311 651 -429 -2748 1 651 -429 -2748 651 - 766 -0898 651 - 257 -3537 651 - 257 -3537 651 - 257 -4543 651 - 257 -4543 651 -464 -6460 651 -490 -1100 651 -490 -1100 651 - 779 -9184 320 - 352 -1424 651 -426 -6726 651 - 653 -8293 651 - 464 -9066 651- 433 -4635 651- 653 -4762 651- 653 -4762 651 -439 -7558 651 -429 -9395 651 -429 -9395 651 - 777 -4977 651- 777 -4977 651 - 653 -6837 651 -430 -0182 651 -430 -0182 HOME PHONE 651-464-9993 763 -413 -1634 651 - 351 -2187 651 - 257 -6235 651 - 426 -0261 can N 00) can s N 00)) 1 612 - 991 -6718 612 -287 -0222 651 -464 -1944 612- 347 -8602 - - - -- IIII L WOF.K PHONE 651-253-8435 cell I-65'-261-0806 1-651-213-4257 01 13 6) N co 1 A \ X. IIE N O • . . . • E -MAIL 1 \ 1 651 - 351 -2187 1 651- 213 -4486 612 - 522 -3868 612- 313 -7517 FAX c I I f l 1 1 1 1 113550 Lynch Road N. 10154 - 240th Street 6475 - 170th Street 5151 Emily Lane 5151 Emily Lane 38169 Kost Tr 138169 Kost Tr 7615 Camp 3 Road 17615 Camp 3 Road 1635 Emil Avenue 24052 July Avenue 17054 Kettle River Blvd 124052 July Avenue 124136 July Avenue 280 Meadowood Lane 24136 July Avenue 1280 Meadowood Lane 2851 Hilivale Court RR 2, Box 319 1826 Birch Street 8118 - 181st Avenue NE 16657 Centerville Road 9243N 55th Street 9243N 55th Street 1931 Stillwater Road 11931 Stillwater Road 15649 Jeffrey Avenue N 1573 Lamotte Drive 1573 Lamotte Drive 12120 Scandia Tr N 9930 -152nd Street N. 9930 -152nd Street N. 1613 Birch Street Forest Lemke, Mn 55025 May Twnsp, MN 55038 Scandia, MN 55073 Hugo, MN 55038 Stacy, MN 55179 Stacy, MN 55179 North Branch, MN 55056 North Branch, MN 55056 Forest Lake, MN 55025 Forest Lake, MN 55025 Shoreview, MN 55126 Forest Lake, MN 55025 Chisago City, MN 55013 1Chisago City, MN 55013 1Chisago City, MN 55013 Vadnais Heights, MN 55127 Chisago City, MN 55013 Vadnais Heights, MN 55127 Oakdale, MN 55128 Sauk Centre, MN 56378 Lino Lakes, MN 55038 Forest Lake, MN 55025 Lino Lakes, MN 55038 Lake Elmo, MN 55042 Lake Elmo, MN 55042 White Bear Lake, MN 55110 1White Bear Lake, MN 55110 Hugo, MN 55038 Lino Lakes, MN 55014 Lino Lakes, MN 55014 Scandia, MN 55073 Hugo, MN 55038 Hugo, MN 55038 Lino Lakes, MN 55038 ESS "*" 1 V CO V V V 0) V C71 V A V CO V N "4 I V O 0) CO 0) Cb 0) V 0) C)) 0) CT 0) A 0) CO 0) N O O -. 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A O W CO W CO C+) V C+) 0) C Tulgren Thiedemann Tavernier Tavernier Tate Tate Spinner Spinner Smith Smith Schneider Schaffhausen Schaffhausen Rehbein Rehbein Rehbein Rehbein Rehbein Ramberg Ramberg Ramberg Peterson Peterson Peterson Ostrem Mike N 3 CD v 'C7 Martinson y N O 7 (Lundgren Lundgren 1Larson Larson LaMotte LaMotte Kennedy N N `e Kraemer Kraemer O L. m Nancy (Greg Wemer Nancy Greg Candace Mike Roger Ann Lisa Jeff Dawn CD o Russell T_ LaDonna Richard Deanna t10 Elaine Dan Nancy Mike g CC m Tedd Sue Julie Rhonda Rochelle X T_; Ken 7 d Mark Ed > Joyce Kris Mike Jodi Frank Robert 1 I 1 1 651 -464 -3294 651 -464 -3294 651 - 257 -9866 651 -439 -1439 651 -439 -1439 651 -433 -2634 651 -433 -2634 651 - 429 -1825 651 -429 -1825 651 - 754 -3921 651 -754 -3921 651 - 674 -1766 651 - 257 -6235 651- 257 -6235 651 -426 -7245 651 -426 -7245 651 -484 -1809 651 -483 -1731 651 -483 -1731 651 -429 -8293 651 -429 -8293 651 -429 -8293 651 -433 -5738 651 -433 -5738 651 - 257 -9866 651 - 260 -0136 651 - 462 -4816 651 - 257 -6800 651 -429 -1287 651 - 786 -9847 651 - 786 -9847 651 -486 -0452 651 -486 -0452 651- 464 -7225 651 -464 -7225 651 -486 -1452 651 -429 -8316 651 -433 -2243 612 - 919 -5146 651 -429 -3936 651 -407 -8039 651 - 407 -8039 V 0) N C71 C.) 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N CO Cit J cp CO 0) i0 i V0 P51-429-4475 E612-414-3922 O c CA 651 -429 -1303 651 -433 -2977 5-61-433-2977 n} J vi 07 m €51-481-0820 [E 51 -603 -7641 H51-481-1311 -429 -3064 651 -462 -7550 51 -482 -7921 651 -482 -7921 715 -425 -2472 O n O 1 ■ • ■ • • o ■ eeterson @theriverba nkmn. com 651 -464 -3294 651 -464 -3294 651 - 433 -4737 651 - 433 -4737 F651- 257 -6755 r 651 - 429 -4082 rn Cn Ci) O O 1 651 -482 -0600 18640 Harrow Avenue N 18640 Harrow Avenue N 126949 Quinlan Avenue 14490 Oldfield Road N 114490 Oldfield Road N [9669 - 202nd Street N 9669 - 202nd Street N 11581 Lamotte Drive 11581 Lamotte Drive 1185 - 126th Lane NW 185 - 126th Lane NW 6436 Cedar Street 110154-240th Street N 110154-240th Street N 16505 Joyer Lane 16505 Joyer Lane 6298 Hodgson Road 6289 Ware Road 16289 Ware Road 15676 - 170th Street, Apt #1 B 15676 - 170th Street 5676 - 170th Street 11240 - 228th St N, PO Box 69 11240 - 228th St N, PO Box 69 26949 Quinlan Avenue 1151 West County Rd B2 27390 Finland Ave 12823 Maxwell Road 16177 Harrow Avenue N 875 James Street 875 James Street 1110 Holly Ct 1110 Holly Ct 19680 Harrow Avenue N 19680 Harrow Avenue N 6510 - 12th Avenue 6497 - 12th Avenue 13125 - 182nd Street P.O. Box 604 5241 Division Street 5630 Bald Eagle Blvd 5630 Bald Eagle Blvd Box 219, 475 E. Main Forest Lake, MN 55025 Forest Lake, MN 55025 Lindstrom, MN 55045 Stillwater, MN 55025 Stillwater, MN 55025 Forest Lake, MN 55025 Forest Lake, MN 55025 Lino Lakes, MN 55038 Lino Lakes, MN 55038 Coon Rapids, MN 55448 Coon Rapids, MN 55448 North Branch, MN 55056 Scandia, MN 55073 Scandia, MN 55073 Lino Lakes, MN 55038 Lino Lakes, MN 55038 Lino Lakes, Mn 55038 Lino Lakes, MN 55014 Lino Lakes, MN 55014 Hugo, MN 55038 Hugo, MN 55038 Hugo, MN 55038 Scandia, MN 55073 Scandia, MN 55073 Lindstrom, MN 55045 Roseville, MN 55113 Wyoming, MN 55092 Chisago City, MN 55013 Hugo, MN 55038 Lino Lakes, MN 55014 Lino Lakes, MN 55014 Lino Lakes, MN 55014 Lino Lakes, MN 55014 Forest Lake, MN 55025 Forest Lake, MN 55025 Lino Lakes, MN 55038 Lino Lakes, MN 55038 Marine on St. Croix, MN 55047 Hugo, MN 55038 White Bear Lake, MN 55110 White Bear Lake, MN 55110 White Bear Lake, MN 55110 Milltown, WI 54858 (000 CT . CD (D 0C3 N CDCDCO 0 t0 OD 000 J CO 01 0Co CO . CO (a 00000 N — 0 CO � 1Zack A' G - a) v 3 i,AIaer,,n CC 3 Wesman Wetmore Wetmore a i a. S Wadsworth oyda O a 0 O m CO Vanderbilt Vauah [U • cD am - 0 0 Marge m Z N 7 O IV N Rt I Pon nu Wayne fn 0 1Cyndee Nanci Dave Trish Barb Lettv D CO CO 651 -430 -3811 651 - 430 -3811 715 - 294 -3443 651 - 429 -5021 651 -429 -0663 651 -429 -0663 952 - 906 -0756 952 - 906 -0756 651 - 653 -8002 651 - 653 -8002 651 -653 -3802 651 -653 -3802 rn Cn A O o N 651 - 257 -4526 612 - 722 -7103 651 - 257 -4526 rn N N WO7 0) 1 651 -464 -3922 51429 -1303 651 - 429 -4082 I 1 14522 Oldfield Road 211 Meadow Lark Lane 11251 Brandlwood Road 15862 W Bald Eagle Blvd 5862 W Bald Eagle Blvd 18280 Market Blvd. Apt. 3116 18280 Market Blvd. Apt. 3116 7393 - 24th Avenue North 17393 - 24th Avenue North 14716 Sharon Lane 6015 - 190th Street 12884 Maxwell Road 20775 Langford Way White Bear Lake, MN 55110 1 'Chanhassen, MN 55317 'Lino Lakes, MN bbUSts White Bear Lake, MN 55110 White tsear Laice, Ivnv JJ I Minneapolis, MN 55 Vnisago LIry, IVIIV J:JV IJ I 417 Jordon, MN 55352 • • • AGENDA ITEM 3A STAFF ORIGNINATOR: Al Rolek MEETING DATE: April 8, 2002 TOPIC: Consider Resolution 02 -24 Setting a Public Hearing on the 2002 -2006 Five -Year Financial Plan VOTE REQUIRED: Simple Majority (3/5) BACKGROUND: The Lino Lakes City Charter requires the preparation of a five -year financial plan for the City. It further requires that a public hearing be held on the plan. Staff has prepared a draft of the 2002 -2006 Five -Year Financial Plan for City Council consideration. Adoption of Resolution 02 -24 would set the public hearing required by the Charter for the regular City Council meeting on May 13, 2002, at 6:30 p.m.. OPTIONS: 1) Adopt Resolution 02 -24 setting the public hearing on the five -year financial plan. 2) Deny Resolution 02 -24. 3) Refer back to staff for further consideration and review. RECOMMENDATIONS: Option 1. r• • • • CITY OF LINO LAKES RESOLUTION NO. 02 -24 RESOLUTION SETTING A PUBLIC HEARING ON THE PROPOSED 2002 -2006 5 -YEAR FINANCIAL PLAN WHEREAS, Chapter VII, Section 7.05 (1) of the City Charter calls for the preparation of a five -year financial plan and that a public hearing shall be held thereon, and, WHEREAS, City staff has prepared such five -year financial plan for the years 2002 —2006, including all elements as listed in the City Charter, and, WHEREAS, City staff has reviewed the proposed five -year financial plan with the City Council. NOW, THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council hereby sets a public hearing on the proposed 2002 - 2006 five -year financial plan at its regular City Council meeting on Monday, May 13, 2002 at 6:30 p.m., or soon thereafter. Adopted by the Lino Lakes City Council this 8th day of April, 2002. ATTEST: Ann J. Blair, City Clerk John J. Bergeson, Mayor AGENDA ITEM 4A STAFF MEMBER Daniel Tesch, Director of Administration DATE 8 April 2002 SUBJECT Conditional Offer for Youth Resource Officer VOTE REQUIRED 3/5 BACKGROUND On 20 March 2002, the city was notified that it will be receiving a COPS in Schools grant award for 1 new, full -time officer at an estimated cost of $125,000.00. This is a three -year grant and applies to salaries and benefits for an officer hired after 1 March 2002. As we promote from the ranks of our Community Service Officers (CSO), a tentative offer of employment will be made to Jessica Halloran, our senior CSO. The appointment will be conditioned upon successful completion of a physical and psychiatric exam. Resolution No. 02 -31 provides for the Youth Resource Officer position. If approved, the Officer will be placed in the Centennial School District's new Blue Heron Elementary. OPTIONS 1. Approve Resolution No. 02 -31, authorizing the hiring of Jessica Halloran as full -time officer/Youth Resource Officer. 2. Not approve the hiring. RECOMMENDATION Number One • • • CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 02-31 RESOLUTION RECEIVING THREE -YEAR COPS IN SCHOOLS GRANT FROM THE DEPARTMENT OF JUSTICE, AND HIRING JESSICA HOLLORAN TO SERVE AS YOUTH RESOURCE OFFICER AT THE ELEMENTARY SCHOOLS WHEREAS, The City of Lino Lakes applied for a COPS in School Grant from the United States Department of Justice, and WHEREAS, On 20 March 2002 the city received word that they had been awarded the three - year grant in an amount estimated to be worth $125,000.00 for the addition of a new full -time officer, and WHEREAS, The city hires new police officers from within the ranks of it's Community Service Officers, and WHEREAS, Jessica Holloran is our senior Community Service Officer, and WHEREAS, that the City of Lino Lakes may enter into an agreement with the United States Department of Justice for the above referenced project, and that the City of Lino Lakes certifies it will comply with all applicable laws and regulations as stated in the grant agreement. The City of Lino Lakes does authorize the Mayor and the City Clerk to execute this agreement. NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF LINO LAKES DOES HEREBY MAKE A CONDITIONAL JOB OFFICER TO JESSICA HOLLORAN Adopted by the Lino Lakes City Council this 8th day of April, 2002. Ann Blair, City Clerk John Bergeson, Mayor • STAFF ORIGINATOR: C.C. MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 7A Tanda Gretz April 8, 2002 Second Reading: Ordinance No. 02 -02 Vacating Fox Trail, Shenandoah 2nd Addition 4/5 vote Fox Trail is shown on City maps as a 60 -foot wide stub street, approximately 171 feet in length, existing within the Shenandoah 2nd Addition, located just southeast of the intersection of Arrowhead Drive and Tomahawk Trail. Fox Trail was never actually constructed as a street, but was initially designed to provide future access to the area south of the subdivision, which was undeveloped when the Shenandoah 2nd Addition was developed. The Pineridge Addition has since developed to the south of the Shenandoah 2nd Addition, but no street was ever constructed to connect to Fox Trail. Rather, a trail in Pineridge was constructed to the south of Fox Trail. Fox Trail has subsequently become a trail corridor connecting to the Pineridge Trail, and has existed as such for several years. The trail connects Arrowhead Drive in the Shenandoah 2nd Subdivision to Hawthorne Road in the Pineridge Subdivision. In June of 2000, Rick DeGardner directed Engineering staff to survey the area in anticipation of vacating part of Fox Trail, since it was not in use as a street right - of -way. ANALYSIS Although Fox Trail technically remains a stub street, it is not needed for street purposes. Right -of -way is only needed to maintain the existing trail to Pineridge. As a result, it is the recommendation of staff that the west 20 feet and the east 20 feet of Fox Trail be vacated, leaving the center 20' feet to serve as a trail to connect to the existing trail in the Pineridge Subdivision. City Council approved the First Reading of Ordinance No. 02 -02 at the March 25, 2002 Council meeting. Approval of the Second Reading is now needed for the Ordinance to be adopted. • Fox Trail Vacation April 8, 2002 • OPTIONS 1. Approve the Second Reading of Ordinance No. 02 -02 Vacating the west 20' and the east 20' of the Fox Trail Right -of -Way. 2. Return to staff with direction. RECOMMENDATION Option 1. ATTACHMENTS 1. Ordinance No. 02 -02 2. Site map. 3. Proposed Vacation map. 4. Memo from Rick DeGardner, dated June 19, 2000. • • • • • CITY OF LINO LAKES ORDINANCE NO. 02-02 ORDINANCE VACATING A PORTION OF FOX TRAIL, SHENANDOAH 2ND ADDITION NOW, THEREFORE THE CITY OF LINO LAKES ORDAINS: Section 1. That the City Council of Lino Lakes has determined to vacate a part of Fox Trail, consisting of the east 20 feet and the west 20 feet, legally described in Exhibit A, attached hereto and made a part of. Section 2. That a public hearing was held on March 25, 2002 before the City Council in the City Hall Council Chambers after due published and posted notice had been given on March 11, 2002, and a reasonable attempt was made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard. Section 3. That any person, corporation or city owning or controlling easements contained upon the property vacated reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 4. That it appears to be in the best interest of the City to vacate such street. Section 5. That four - fifths of all members of the City Council concur in this ordinance. Section 6. This Ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with the City Charter. Passed by the Lino Lakes City Council this 8th day of April, 2002. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor • • • EXHIBIT A LEGAL DESCRIPTION FOR RIGHT -OF -WAY VACATION ALONG FOX TRAIL [INSERT LEGAL DESCRIPTION] be! 14‘."-e j ir •lig•t---, see UPIrafIlf• • I •500 2.15 1 2 I/49 • t 01-41 traeff irepolifir//boi• 30irshiir ; ,4 -4... G8.04.48 Alarrhauhit e,ev'sr. k. CA ure.k. 4;4a4r. 11%717 1/0111 141 .t7D. &Itch: • . •0.10,44 • it 00 A00. ■:::/".g/04.5 1( 07 ..servArre: (1) deo 010 /i 64 1 (10 / /2 41,4, I3 • Ar • 1%TRAIL 0 0 C.149 id- •241.34• 0 -E41.36 0 of 88.37 619 OUTLOT A r co OWHEAD 0 A ' 2 .80 AD 74,34 (34) P. ("; 2 2 - (35) tt 4 z to. ••• - a., HAW ..89-strer LONESOME ?glum TRAIL 41 60 ROAD (1.7) 4 "e:t9-77 4s5:49/ POND $ 1' 44E 74.03 4B.5 w • PO 7 Sq. 7.2 /AA 6. _A irt# . xxx 'etry 01) ,t 21 22 0) 4, Ow 'Iik ''' 2 00 k dig. 04) /9 # . 01) 1. 8 do 06) IT o PI I5 /4 . /3 ,0 ) . e d .0 (10 . 5 10) r, ‘i • (81) 6 N",„ — g (2:) 8 61) . /Qk (Ai) I/ (04 ,t4, 4 'k k it 12 :4 LONESOME ?glum TRAIL 41 60 ROAD (1.7) 4 "e:t9-77 4s5:49/ POND $ 1' 44E 74.03 4B.5 w • PO 7 Sq. 7.2 /AA 6. _A ,p. • i d :�J -57.' zes. w '1 • 01 t /.5•d 0 g°269 O rrO -14-504 O Fit 'AO A4i- 0 & -.6-21 o: gO -6m DOE. /j5' zors- - /35 ..f! 0- .f/-57t t _'®_i/-574: b .� /33:0/ o/ 600 •0 3'�w. 49."I 9B Agi 7.? O • * /mss :. �t4 It . 690 .041...$40,10: -0 0 o•ad -S¢ a. skat *V • r'."••■ •, � /5e Nci /' 9 4 ✓ � I• kl` o � (p Vt2) (s4 e-‘11\3 oe 00 riiNg =0 IMO 0.110 /50.0/ w_ EGA !01 on ,404 0. Lino Lakes Public Servii 600 Town Centel Lino Lakes, Mi. JJV1� (651) 982 -2440 Fax (651) 982 -2439 • • Memorandum To: John Powell From: Rick DeGardner Date' June 19, 2000 Re: Vacation of Fox Trail Road The property owner at 554 Arrowhead Drive has expressed an interest in acquiring the land adjacent to the trail off Arrowhead Drive. I have attached the plat which refers the area as Fox Trail. Please have a crew survey this area. Then we can determine the area we want to keep to maintain the trail, and which areas we should vacate and give to the adjoining property owners. I will contact the property owner at 560 Arrowhead when we have more detailed information. Thanks. 3/4/02 RD /Corr /John Powell/survey vacated road off arrowhead • • AGENDA ITEM 7B STAFF ORIGINATOR: James Studenski, City Engineer COUNCIL MEETING DATE: April 8, 2002 TOPIC: Resolution No. 02 -25, Approve Payment No. 6 (Final) and Change Order No. 2, 21st Avenue Lift Station VOTE REQUIRED: Simple Majority BACKGROUND: The Contractor for the 21st Avenue Lift Station project is requesting City approval of Payment No. 6 (Final) in the amount of $10,235.29. The project included the construction of the lift station and the installation of a forcemain to the Metropolitan Council interceptor on Cedar Street. The final payment is determined as follows: Original Contract Amount Change Order No. 1 Change Order No. 2 (Quantity Adjustment) Contract Amount to Date $ 452,445.00 $ 5,004.00 $ - 2,547.21 $ 454,901.79 Payments to Date $ 444,666.50 Final Payment Amount $ 10,235.29 The contract amount was based on estimated quantities as is the case with most City contracts. Change Order No. 2 adjusts the contract amount to reflect the actual quantities installed. OPTIONS: 1. Return to staff for further review. 2. Approve Resolution 02 -25 approving Payment No. 6 (final) and Change Order No. 2 for the 21st Avenue Lift Station project. RECOMMENDATION: • Option No. 2 — Staff recommends that Resolution 02 -25 be approved. • • • CITY OF LINO LAKES RESOLUTION NO. 02-25 RESOLUTION APPROVING PAYMENT 10 (FINAL) FOR THE 21st AVENUE LIFT STATION PROJECT WHEREAS, the construction of the 21St Avenue Lift Station has been completed by Burschville Construction, Inc., and; WHEREAS, the one -year warranty period for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Payment Number 6 (final) in the amount of $10,235.29 is approved for a total contract amount of $454,901.79. Adopted by the Lino Lakes City Council this 8th day of April, 2002. ATTEST: Ann J. Blair, City Clerk John J. Bergeson, Mayor 0 Councilmember — introduced Resolution No. 02 -25 and moved its adoption. The motion for adoption of the foregoing resolution was duly seconded by Councilmember — and upon vote being taken thereon, the following voted in favor thereof: ny The following voted against same: Whereupon said resolution was declared passed and adopted. CERTIFICATION OF RESOLUTION NO. 02-25 STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF LINO LAKES ) • I, the undersigned, being the duly qualified City Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Resolution No. 02 -25 with the original thereof on file in the City Clerk's office, and the same is a full, true and complete copy insofar as the same relates to: RESOLUTION NO. 02 -25 Witness my hand as said City Clerk and the Corporate Seal of the City this -- day of —, 2002. Ann J. Blair (SEAL) • TKDA TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED • ENGINEERS • ARCHITECTS • PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MINNESOTA 55101 -2140 PHONE: 651/292-4400 FAX: 651/292-0083 Comm. No. 11473 -04 Cert. No. 6 (FINAL) St. Paul, MN, November 12 , 20 01 Owner This Certifies that Burschville Construction, Inc. , Contractor For 21st Avenue Lift Station and Forcemain Improvements To City of Lino Lakes, Minnesota Is entitled to Ten Thousand Two Hundred Thirty -Five and 29/100 Dollars ($ 10,235.29 ) FINAL being 6th estimate for pittititit4 payment on contract with you dated June 14 , 1999 . Received payment in full of above Certificate. TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INC. ENGINEERS - ARCHITECTS - PLANNERS Burschville Construction, Inc. , 20 Paul T. Hornby, P.E. RECAPITULATION OF ACCOUNT An Equal Opportunity Employer CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras $ 452,445.00 All previous payments $ 444,666.50 All previous credits Extra No. - Change Order No. 1 $ 5,004.00 " " - Compensating Change Order No. 2 $ (2,547.21) Credit No. AMOUNT OF THIS CERTIFICATE $ 10,235.29 Totals $ 454,901.79 $ 454,901.79 Credit Balance There will remain unpaid on contract after payment of this Certificate $ - r $ 454,901.79 $ 454,901.79 An Equal Opportunity Employer • • • TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers- Architects - Planners Saint Paul, Minnesota 55101 PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS Estimate No. 6(FINAL) Period Ending June 25, 20 01 Page 1 of 1 Comm. No. 11473 -04 Project 21st Avenue Lift Station and Forcemain Impr. Original Contract Amount Location City of Lino Lakes, Minnesota $ 452,445.00 Contractor Burschville Construction, Inc. Total Contract Work Completed Total Approved Credits Total Approved Extra Work Completed Approved Extra Orders Amount Completed Total Amount Earned This Estimate $ 449,897.79 $ 0.00 5,004.00 Less Approved Credits $ 0.00 Less 0 % Retained $ 0.00 Less Previous Payments $ 444,666.50 Total Deductions Amount Due This Estimate Contractor Engineer urschvill ruction, Inc. Paul T. Hornby, P.E. $ 5,004.00 $ 454,901.79 $ 444,666.50 $ 10,235.29 Date Date November 12, 2001 ESTIMATE NO. 6 (FINAL) 21ST AVENUE LIFT STATION AND FORCEMAIN IMPROVEMENTS ("CITY OF LINO LAKES, MINNESOTA COMMISSION NO. 11473 -04 ITEM NO. DESCRIPTION 12- Nov -01 CONTRACT QUANTITY UNIT UNIT QUANTITY TO DATE PRICE AMOUNT TO DATE • • SANITARY SEWER 1 MOBILIZATION 2 CLEARING 3 GRUBBING 4 CONN TO EXISTING SANITARY SEWER 5 CONN TO EXISTING SS MANHOLE 6 6" PVC SDR 26 CL 160 FM (0 -10') 7 6" PVC SDR 26 CL 160 FM (10 -12') 8 6" PVC SDR 26 CL 160 FM (12 -14') 9 6" PVC SDR 26 CL 160 FM (14 -16') 10 6" PVC SDR 26 CL 160 FM (16 -18') 11 12" DIP CL 52 SS FM (0 -10') 12 12" CIP CL 52 SS FM (10 -12') 13 12" DIP CL 52 SS FM (12 -14') 14 12" DIP CL 52 SS FM (14 -16') 15 21" PVC SDR 35 SS (32 -34') 16 12" DIP CL 52 SS THRU CAS (EXCL CASING) 17 24" STEEL CASING PIPE 18 6" PVC SDR 26 SS THRU CAS (EXCL CASING) 19 42" STEEL CASING PIPE 20 6" INSIDE DROP 21 TRENCH STABILIZATION ROCK 22 SILT FENCE SUBTOTAL - SANITARY SEWER LIFT STATION 1 LIFT STATION SUBTOTAL - LIFT STATION LS 1.00 1.00 $ 10,000.00 AC 0.40 0.40 $ 8,000.00 AC 0.40 0.40 $ 8,000.00 EA 1.00 1.00 $ 1,000.00 EA 1.00 1.00 $ 1,000.00 LF 800.00 959.00 $ 13.00 LF 142.00 30.00 $ 15.00 LF 60.00 10.00 $ 17.00 LF 15.00 25.00 $ 19.00 LF 45.00 40.00 $ 21.00 LF 1535.00 1714.00 $ 26.00 LF 560.00 700.00 $ 28.00 LF 380.00 82.00 $ 30.00 LF 45.00 $ 32.00 LF 53.00 45.00 $ 400.00 LF 80.00 80.00 $ 28.00 LF 80.00 80.00 $ 175.00 LF 250.00 250.00 $ 15.00 LF 250.00 250.00 $ 264.00 EA 1.00 1.00 $ 1,500.00 CY 100.00 435.00 $ 20.00 LF 840.00 315.00 $ 2.00 LS STORM SEWER 1 12" CMP STORM PIPE (SALV & REINSTALL) 2 12" GS APRON (SALV & REINSTALL) 3 CL ii HAND PLACED RIPRAP SUBTOTAL - STORM SEWER LF EA CY 10, 000.00 3,200.00 3,200.00 1,000.00 1,000.00 12,467.00 450.00 170.00 475.00 840.00 44, 564.00 19, 600.00 2,460.00 18, 000.00 2,240.00 14, 000.00 3,750.00 66, 000.00 1,500.00 8,700.00 630.00 214, 246.00 1.00 1.00 $ 200,000.00 $ 200,000.00 $ 200,000.00 30.00 2.00 4.00 30.00 $ STREETS & RESTORATION 1 SELECT GRANULAR BORROW (Iv) 2 GRANULAR BORROW (Iv) 3 AGGREGATE BASE CLASS 6 4 2" -2350 TYPE LV MIX #. 4 WEAR COURSE 5 2" -2350 TYPE LV MIX #. 3 NON -WEAR COURSE 6 BITUMINOUS MATERIAL FOR TACK COAT 7 TOPSOIL BORROW (LV) 8 ROADSIDE SEEDING & SEED MIXTURE 9 SOD, TYPE LAWN SUBTOTAL - STREETS & RESTORATION CY CY TN TN TN GA CY AC SY 510.00 940.00 240.00 70.00 100.00 28.00 725.00 3.45 450.00 510.00 $ 719.00 $ 337.46 $ 61.47 $ 137.83 $ 28.00 $ 3.50 $ 663.00 $ 20.00 $ 600.00 75.00 $ - 70.00 $ - $ 600.00 10.50 $ 5,355.00 10.50 $ 7,549.50 10.95 $ 3,695.19 70.00 $ 4,302.90 65.00 $ 8,958.95 1.50 $ 42.00 5.00 $ 950.00 $ 3,325.00 2.75 $ 1,823.25 $ 35,051.79 TOTAL ESTIMATE NO. 6 (FINAL) $ 449,897.79 11473 -04 • • CHANGE ORDER TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers - Architects- Planners Compensating Saint Paul, MN November 12 20 01 Comm. No. 11473 -04 Change Order No. 2 To Burschville Construction, Inc. for 21st Avenue Lift Station and Forcemain Improvements for City of Lino Lakes, Minnesota You are hereby directed to make the following change to your contract dated June 14 , 1999 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increaoe) (decrease) (not change) the contract sum by Two Thousand Five Hundred Forty -Seven and 21/100 Dollars ($ 2,547.21 ). COMPENSATING CHANGE ORDER This change order shows the actual quantities installed at the unit price bid amounts (see attached itemization): NET CHANGE = $ (2,547.21) Amount of Original Contract $ 452,445.00 Additions approved to date (Change Order No. 1) $ 5,004.00 Deductions approved to date (Nos. Contract amount to date $ 457,449.00 Amount of this Change Order (Add) (Deduct) (No Change) $ (2,547.21) Revised Contract Amount $ 454,901.79 Approved City of Lino Lakes, Minnesota TOLTZ, KING, DUVALL, ANDERSON Owner AND ASSOCIATES, INCORPORATED By By Paul T. Hornby, P.E. Approved Burschville Construction, Inc. White - Owner Pink - Contractor Blue - TKDA Contractor CHANGE ORDER NO. 2 (COMPENSATING) 12- Nov -01 21ST AVENUE LIFT STATION AND FORCEMAIN IMPROVEMENTS ITY OF LINO LAKES, MINNESOTA OMMISSION NO. 11473 -04 ITEM CONTRACT QUANTITY +1- UNIT AMOUNT NET CONTRACT NO. DESCRIPTION UNIT QUANTITY TO DATE DIFFERENCE PRICE TO DATE CHANGE AMOUNT SANITARY SEWER 1 MOBILIZATION LS 1.0 1.0 - $ 10,000.00 $ 10,000.00 $ - $ 10,000.00 2 CLEARING AC 0.4 0.4 - $ 8,000.00 $ 3,200.00 $ - $ 3,200.00 3 GRUBBING AC 0.4 0.4 - $ 8,000.00 $ 3,200.00 $ - $ 3,200.00 4 CONN TO EXISTING SANITARY SEWER EA 1.0 1.0 - $ 1,000.00 $ 1,000.00 $ - $ 1,000.00 5 CONN TO EXISTING SS MANHOLE EA 1.0 1.0 - $ 1,000.00 $ 1,000.00 $ $ 1,000.00 6 6" PVC SDR 26 CL 160 FM (0 -10') LF 800.0 959.0 159.0 $ 13.00 $ 12,467.00 $ 2,067.00 $ 10,400.00 7 6" PVC SDR 26 CL 160 FM (10 -12') LF 142.0 30.0 (112.0) $ 15.00 $ 450.00 $ (1,680.00) $ 2,130.00 8 6" PVC SDR 26 CL 160 FM (12 -14') LF 60.0 10.0 (50.0) $ 17.00 $ 170.00 $ (850.00) $ 1,020.00 9 6" PVC SDR 26 CL 160 FM (14 -16') LF 15.0 25.0 10.0 $ 19.00 $ 475.00 $ 190.00 $ 285.00 10 6" PVC SDR 26 CL 160 FM (16 -18') LF 45.0 40.0 (5.0) $ 21.00 $ 840.00 $ (105.00) $ 945.00 11 12" DIP CL 52 SS FM (0 -10') LF 1,535.0 1,714.0 179.0 $ 26.00 $ 44,564.00 $ 4,654.00 $ 39,910.00 12 12" CIP CL 52 SS FM (10 -12') LF 560.0 700.0 140.0 $ 28.00 $ 19,600.00 $ 3,920.00 $ 15,680.00 13 12" DIP CL 52 SS FM (12 -14') LF 380.0 82.0 (298.0) $ 30.00 $ 2,460.00 $ (8,940.00) $ 11,400.00 14 12' DIP CL 52 SS FM (14 -16') LF 45.0 (45.0) $ 32.00 $ $ (1,440.00) $ 1,440.00 15 21' PVC SDR 35 SS (32 -34') LF 53.0 45.0 (8.0) $ 400.00 $ 18,000.00 $ (3,200.00) $ 21,200.00 16 12" DIP CL 52 SS THRU CAS (EXCL CASING) LF 80.0 80.0 - $ 28.00 $ 2,240.00 $ - $ 2,240.00 17 24" STEEL CASING PIPE LF 80.0 80.0 - $ 175.00 $ 14,000.00 $ - $ 14,000.00 18 6" PVC SDR 26 SS THRU CAS (EXCL CASING) LF 250.0 250.0 - $ 15.00 $ 3,750.00 $ - $ 3,750.00 19 42" STEEL CASING PIPE LF 250.0 250.0 - $ 264.00 $ 66,000.00 $ - $ 66,000.00 20 6" INSIDE DROP EA 1.0 1.0 $ 1,500.00 $ 1,500.00 $ - $ 1,500.00 21 TRENCH STABILIZATION ROCK CY 100.0 435.0 335.0 $ 20.00 $ 8,700.00 $ 6,700.00 $ 2,000.00 22 SILT FENCE LF 840.0 315.0 (525.0) $ 2.00 $ 630.00 $ (1,050.00) $ 1,680.00 SUBTOTAL - SANITARY SEWER $ 214,246.00 $ 266.00 $ 213,980.00 LIFT STATION 1 LIFT STATION LS 1.0 1.0 - $ 200,000.00 $ 200,000.00 $ - $ 200,000.00 SUBTOTAL - LIFT STATION $ 200,000.00 $ - $ 200,000.00 • STORM SEWER 1 12' CMP STORM PIPE (SALV & REINSTALL) LF 30.0 30.0 - $ 20.00 $ 600.00 $ - $ 600.00 2 12" GS APRON (SALV & REINSTALL) EA 2.0 - (2.0) $ 75.00 $ - $ (150.00) $ 150.00 3 CL ii HAND PLACED RIPRAP CY 4.0 (4.0) $ 70.00 $ - $ (280.00) $ 280.00 SUBTOTAL - STORM SEWER $ 600.00 $ (430.00) $ 1,030.00 • STREETS & RESTORATION 1 SELECT GRANULAR BORROW (Iv) CY 510.0 510.0 - $ 10.50 $ 5,355.00 $ - $ 5,355.00 2 GRANULAR BORROW (Iv) CY 940.0 719.0 (221.0) $ 10.50 $ 7,549.50 $ (2,320.50) $ 9,870.00 3 AGGREGATE BASE CLASS 6 TN 240.0 337.5 97.5 $ 10.95 $ 3,695.19 $ 1,067.19 $ 2,628.00 4 2" -2350 TYPE LV MIX #. 4 WEAR COURSE TN 70.0 61.5 (8.5) $ 70.00 $ 4,302.90 $ (597.10) $ 4,900.00 5 2" -2350 TYPE LV MIX #. 3 NON -WEAR COURSE TN 100.0 137.8 37.8 $ 65.00 $ 8,958.95 $ 2,458.95 $ 6,500.00 6 BITUMINOUS MATERIAL FOR TACK COAT GA 28.0 28.0 - $ 1.50 $ 42.00 $ - $ 42.00 7 TOPSOIL BORROW (LV) CY 725.0 - (725.0) $ 5.00 $ $ (3,625.00) $ 3,625.00 8 ROADSIDE SEEDING & SEED MIXTURE AC 3.5 3.5 0.0 $ 950.00 $ 3,325.00 $ 47.50 $ 3,277.50 9 SOD, TYPE LAWN SY 450.0 663.0 213.0 $ 2.75 $ 1,823.25 $ 585.75 $ 1,237.50 SUBTOTAL - STREETS & RESTORATION $ 35,051.79 $ (2,383.21) $ 37,435.00 TOTAL COMPENSATING CHANGE ORDER NO. 2 $ 449,897.79 $ (2,547.21) $ 452,445.00 1 11473 -04 r Is • • AGENDA ITEM 7C STAFF ORIGINATOR: James Studenski, City Engineer COUNCIL MEETING DATE: April 8, 2002 TOPIC: Resolution No. 02 — 26, Order Plans and Specifications - 2002 Sealcoat Project VOTE REQUIRED: Simple Majority BACKGROUND: Each year the City maintains its streets by sealcoating. Sealcoating places a thin layer of oil and rock on the street to enhance the surface. Candidate streets include new streets that received the wear course 2 - 3 years ago and all other streets are done on a 5 - 7 year cycle. This year, approximately 6.5 miles of streets will be sealcoated at an approximate cost of $114,000. The 2002 budget includes $58,800 for sealcoating. The difference between the annual City budget amount and the total bid amount would be funded from the City's Sealcoat fund as this reflects the cost of the first time sealing of new roadways. Once ordered, the plans and specifications could be completed in about two weeks, in time for consideration at the April 22, 2002, City Council meeting. The engineering budget for preparation of the plans and specifications is $5,500. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 02 - 26, order the plans and specifications for the 2002 Sealcoat Project. 3. Not adopt Resolution No. 02 — 26. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 02 - 26 be adopted. CITY OF LINO LAKES RESOLUTION NO. 02-26 RESOLUTION ORDERING THE PLANS AND SPECIFICATIONS — 2002 SEALCOAT PROJECT WHEREAS, the City of Lino Lakes wishes to contract for the sealcoating of newer streets approximately two to three years after construction, and WHEREAS, the City also wishes to contract for the sealcoating of all other streets approximately every five to seven years, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City Engineer is designated as the engineer for this improvement and he is directed to prepare the plans and specifications for the construction of the 2002 Sealcoat project. Adopted by the Lino Lakes City Council this 8th day of April, 2002. ATTEST: Ann J. Blair, City Clerk • John J. Bergeson, Mayor • • Councilmember - introduced Resolution No. 02 -26 and moved its adoption. • • The motion for adoption of the foregoing resolution was duly seconded by Councilmember — and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. CERTIFICATION OF RESOLUTION NO. 02-26 STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF LINO LAKES ) I, the undersigned, being the duly qualified City Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Resolution No. 02 -26 with the original thereof on file in the City Clerk's office, and the same is a full, true and complete copy insofar as the same relates to: RESOLUTION NO. 02 -26 Witness my hand as said City Clerk and the Corporate Seal of the City this — day of —, 2002. Ann J. Blair (SEAL) • • • 2002 Sealcoat Project City of Lino Lakes, Minnesota Funding Source: Street Maintenance Budget Street From To Width Length Square Yards (feet) (feet) Rolling Hills Deer Pass Trail White Tail Ridge Reiling Road Reiling Road Wood Chuck Circle Wood Chuck Court Deerwood Lane Deerwood Lane Deerwood Circle (east) Deerwood Circle (west) Fawn Lane Beaver Circle Beaver Trail Muskrat Run Birch Court White Owl Road River Birch Place Painted Turtle Ironwood Circle Hickory Circle Prairie Flower Road Chippewa Trail Broken Oak Court Pheasant Hills Circle Snow Goose Trail Hawk Ridge Circle West Bald Eagle Boulevard Rolling Hills Drive Reiling Road Rolling Hills Drive 675 feet south of Rolling Hills West Bald Eagle Boulevard Wood Chuck Circle Birch Street 1680 feet south of Birch Deerwood Lane Deerwood Lane Birch Street Deerwood Lane Deerwood Lane Deerwood Lane Birch Street Fox Road Cul -de -sac Painted Turtle West Shadow Lake Drive West Shadow Lake Drive West Shadow Lake Drive West Shadow Lake Drive Prairie Flower Road Pheasant Hills Drive Pheasant Hills Drive Pheasant Hills Drive Pheasant Hills Drive End of pavement Cul -de -sac Cul -de -sac Deer Pass Trail 675 feet south White Tail Ridge West Bald Eagle Boulevard Cul -de -sac Cul -de -sac 1680 feet south Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac (mid /south side) Cul -de -sac Cul -de -sac Fawn Lane Fawn Lane Cul -de -sac Cul -de -sac Cul -de -sac West Shadow Lake Drive Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac 310 feet west of Chippewa Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac 20 2,400 5,333 24 580 1,547 415 28 452 1,406 24 675 1,800 30 224 747 30 2,156 7,187 30 513 1,710 660 28 1,680 5,227 24 1,062 2,832 645 28 197 613 628 22 61 149 628 28 1,857 5,777 628 628 28 611 1,901 628 28 825 2,567 28 450 1,400 28 50 156 628 27 354 1,062 27 303 909 645 28 1,311 4,079 660 28 997 3,102 645 28 119 370 645 28 68 212 675 28 694 2,159 645 28 310 964 28 201 625 479 28 50 156 479 28 182 566 479 20 90 200 479 Total 66,074 • • 2002 Sealcoat Project City of Lino Lakes, Minnesota Funding Source: Sealcoat Escrow Deposits Street From To Width Length Square Yards (feet) (feet) North Trappers Crossing Holly Drive Trapper's Court South Glen Trail Glen Circle Hollow Lane Aqua Lane Aqua Lane Aqua Lane Aqua Circle Savanna Court Clearwater Creek Drive Clearwater Creek Drive Clearwater Creek Circle Well 4 Lot Arthur Court Clearwater Court LaCasse Drive LaCasse Drive LaCasse Drive LaCasse Drive LaCasse Circle LaCasse Court LaCasse Court Ellen Court Tele Lane Tele Drive Total North Trapper's Crossing 62nd Street South Glen Trail 62nd Street Lake Drive West Aqua Circle Entrance East Aqua Circle Entrance Aqua Lane Apollo Drive Cedar Street LaCasse Drive Clearwater Creek Drive Clearwater Creek Drive Clearwater Creek Drive Otter Lake Road West end of island East end of island 117 feet east of island LaCasse Drive LaCasse Drive LaCasse Drive LaCasse Drive LaCasse Drive Tele Lane Cul -de -sac Cul -de -sac Cul -de -sac (midway) Cul -de -sac Cul -de -sac End Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac West Aqua Circle Entrance East Aqua Circle Entrance City property Aqua Lane Cul -de -sac Cul -de -sac LaCasse Drive Clearwater Court Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac West end of island East end of island 117 feet east Ellen Court Cul -de -sac Cul -de -sac West cul -de -sac Cul -de -sac East cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac Cul -de -sac Clearwater Creek Drive 28 1,078 3,354 682 793 28 225 700 682 28 1,432 4,455 28 115 358 645 28 982 3,055 645 36 454 1,816 25 294 817 33 300 1,100 28 2,377 7,395 26 352 1,017 558 37 1,526 6,274 28 1,087 3,382 28 330 1,027 645 223 36 435 1,740 645 28 321 999 675 47 62 324 18 181 362 47 117 611 28 2,118 6,589 28 148 460 675 28 141 439 675 28 202 628 675 28 86 268 675 28 642 1,997 675 28 595 1,851 60,585 • • • AGENDA ITEM 7D STAFF ORIGINATOR: James Studenski, City Engineer COUNCIL MEETING DATE: April 8, 2002 TOPIC: Resolution No. 02 — 27, Order Plans and Specifications - 2002 Wear Course Project VOTE REQUIRED: Simple Majority BACKGROUND: The City undertakes a paving project each year to place the final layer of bituminous, known as the wear course, in those developments where the majority of the lots have been built on: The _ funding for this work is provided by assessments to the respective subdivisions. The subdivisions receiving wearing course this year include Clearwater Creek 3rd Addition, Trappers Crossing 3rd Addition, Peregrine Pass, and Pheasant Hills Preserve l lth Addition. The schedule for this project is as follows: City Council Orders Plans and Specifications City Council Approves Plans and Specifications City Council Authorizes Ad for Bids Open Bids City Council Awards Contract Construction Begins April 8, 2002 April 22, 2002 April 22, 2002 May 21, 2002 May 28, 2002 June 10, 2002 The engineering budget for preparation of the plans and specifications is $4,900. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 02 - 27, order the plans and specifications for the 2002 Wear Course Project. 3. Not adopt Resolution No. 02 — 27. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 02 - 27 be adopted. • CITY OF LINO LAKES RESOLUTION NO. 02-27 RESOLUTION ORDERING THE PLANS AND SPECIFICATIONS — 2002 WEAR COURSE PROJECT WHEREAS, the City of Lino Lakes wishes to contract for placement of the wear course on new roadways after about 80% of the lots are built on, and WHEREAS, the City will obtain public bids for the installation of the improvements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City Engineer is designated as the engineer for this impi ovei icut and he is directed to prepare the plans and specifications for the construction of the 2002 Wear Course project. Adopted by the Lino Lakes City Council this 8th day of April, 2002. 0 ATTEST: Ann J. Blair, City Clerk • John J. Bergeson, Mayor Councilmember - introduced Resolution No. 02 -27 and moved its adoption. The motion for adoption of the foregoing resolution was duly seconded by Councilmember - and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. CERTIFICATION OF RESOLUTION NO. 02-27 STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF LINO LAKES ) I, the undersigned, being the duly qualified City Clerk of the City of Lino Lakes, Minnesota, do • hereby certify that the attached document is a true copy of Resolution No. 02 -27 with the original thereof on file in the City Clerk's office, and the same is a full, true and complete copy insofar as the same relates to: RESOLUTION NO. 02-27 Witness my hand as said City Clerk and the Corporate Seal of the City this - day of -, 2002. Ann J. Blair (SEAL) • • • • AGENDA ITEM 7E STAFF ORIGINATOR: Marty Asleson MEETING DATE: April 8, 2002 TOPIC: Anoka County Agreement For Residential Recycling Program /2002 BACKGROUND: The City of Lino Lakes receives SCORE funds each year from Anoka County. The SCORE funds are used to fund solid waste recycling programs. Cities using SCORE funds allocated by Anoka County are required to enter into a cooperative agreement with the County. Resolution No. 02 -32 approves and authorizes this agreement. Please find attached copies of the original agreement for your consideration. OPTIONS: 1. Approve Anoka County Contract #2001 -0378, Agreement For Residential Recycling Program, Resolution No. 02 -32. 2. Refer back to staff for further review. RECOMMENDATION: Option 1. • CITY OF LINO LAKES RESOLUTION NO. 02 -32 RESOLUTION WHEREAS, The City of Lino Lakes has entered into an agreement with Anoka County over the years to cooperatively work on Solid Waste abatement and Recycling AND WHEREAS, Anoka County receives funding from the Solid Waste Management Coordinating Board and the State of Minnesota in the form of "SCORE" funds, AND WHEREAS, The County wishes to assist Municipalities in meeting recycling goals established by the Anoka County Board of Commissioners by providing SCORE funds to cities in the County for solid waste recycling programs, AND WHEREAS, The City of Lino Lakes is eligible to receive $36,470.60 for fiscal • year 2002 in Score funds, the City has the authority to enter into this agreement, and authorizes the Mayor and City Clerk to execute the agreement, AND WHEREAS, Anoka County Agreement No. 2001 -0378 provides for the cooperative effort between Anoka County and the City of Lino Lakes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Adopt Resolution 02 -32 and Authorize Execution of the Anoka County Agreement No. 2001 -0378, Agreement For Residential Recycling Program; Adopted by the Lino Lakes City Council this 8th day of April, 2002 Ann Blair, Clerk • John Bergeson, Mayor • Anoka County Contract #2001 -0378 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on the 11th day of December, 2001, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY ", and the CITY OF LINO LAKES, hereinafter referred to as the "MUNICIPALITY ". WITNESSETH: WHEREAS, Anoka County has received $787,526.00 in funding from the Solid Waste Management Coordinating Board and the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds "); and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing said SCORE funds to cities and townships in the County for solid waste recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality. 2. TERM. The term of this Agreement is from January 1, 2002 through December 31, 2002, unless earlier terminated as provided herein. 3. DEFINITIONS. a. "Problem material" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 24a. b. "Multi -unit households" means households within apartment complexes, condominiums, townhomes, mobile homes and senior housing complexes. c. "Opportunity to recycle" means providing recycling and curbside pickup or collection centers for recyclable materials as required by Minn. Stat. § 115A.552. d. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. e. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, major appliances and vehicle batteries. f. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. 1 • g. "Yard waste" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 38. 4. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality's annual recycling goal of 1,469 tons of recyclable materials as established by the County. The Municipality shall ensure that the recyclable materials collected are delivered to processors or end markets for recycling. a. The Municipal recycling program shall include the following components: i. Each household (including multi -unit households) in the Municipality shall have the opportunity to recycle at least four broad types of materials, such as paper, glass, plastic, metal and textiles. ii. The recycling program shall be operated in compliance with all applicable federal, state, and local laws, ordinances, rules and regulations. iii. The Municipality shall implement a public information program that contains at least the following components: (1) One promotion is to be mailed to each household focused exclusively on the Municipality's recycling program; (2) One promotion advertising recycling opportunities available for residents is to be included in the Municipality's newsletter or local newspaper; and (3) Two community presentations are to be given on recycling. The public information components listed above must promote the focused recyclable material of the year as specified by the County. The County will provide the Municipality with background material on the focused recyclable material of the year. iv. The Municipality, on an ongoing basis, shall identify new residents and provide detailed information on the recycling opportunities available to these new residents. b. If the Municipality's recycling program did not achieve the Municipality's recycling goals as established by the County for the prior calendar year, the Municipality shall prepare and submit to the County by March 31, 2000, a plan acceptable to County that is designed to achieve the recycling goals set forth in this Agreement. 5. REPORTING. The Municipality shall submit the following reports semiannually to the County no later than July 20, 2002 and January 20, 2003: a. An accounting of the amount of waste which has been recycled as a result of the Municipality's activities and the efforts of other community programs, redemption centers and drop -off centers. For recycling programs, the Municipality shall certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been marketed. For recycling programs run by other persons or entities, the Municipality shall also provide documentation on forms provided by the County showing the tons of materials that were recycled by the Municipality's residents through these other programs. The Municipality shall keep detailed records documenting the 2 disposition of all recyclable materials collected pursuant to this agreement. The Municipality shall also report the number of cubic yards or tons of yard waste collected for composting or landspreading, together with a description of the methodology used for calculations. Any other material removed from the waste stream by the Municipality, i.e. tires and used oil, shall also be reported separately. b. Information regarding any revenue received from sources other than the County for the Municipality's recycling programs. c. Copies of all promotional materials that have been prepared by the Municipality during the term of this Agreement to promote its recycling programs. The Municipality agrees to furnish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the State of Minnesota. 6. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices semiannually to the County for abatement activities no later than July 20, 2002 and January 20, 2003. Costs not billed by January 20, 2003 will not be eligible for funding. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. • 7. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for eligible activities up to the project maximum as computed below, which shall not exceed $36,470.65. The project maximum for eligible expenses shall be computed as follows: a. A base amount of $10,000.00 for recycling activities only; and b. $5.45 per household for recycling activities only. 8. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn. Stat. § 115A.557, subd. 2, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt of payment from the County pursuant to this Agreement. • 9. AUDIT. Pursuant to Minn. Stat. § 16C.05, the Municipality shall allow the County or other persons or agencies authorized by the. County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. 10. GENERAL PROVISIONS. a. In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. b. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. c. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. d. The Municipality agrees that the Municipality's employees and subcontractor's employees who provide services under this agreement and who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department. e. It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. f. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. g. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all laws, rules, and regulations applicable to the Municipality. 4 • • h. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. Nothing in this Agreement shall be construed as creating the relationship of co- partners, joint venturers, or an association between the County and Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. 11. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Funded by the Anoka County Board of Commissioners and State SCORE funds (Select Committee on Recycling and the Environment). 12. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 13. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. 5 • • • IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: CITY OF LINO LAKES COUNTY OF ANOKA By: Name: Tide: Date: By: Municipality's Clerk Date: Approved as to form and legality: By: Dan Erhart, Chairman Anoka County Board of Commissioners Date: ATTEST: John "Jay" McLinden County Administrator Date: Approved as to form and legality: Assistant County Attorney I: \CNATTY\PCH\Integrated Waste \LOW- TECH\ RECYCLRV\CONTRACT\RECYC2002.wpd ti • • • AGENDA ITEM 7F STAFF ORIGINATOR: James Studenski, City Engineer COUNCIL MEETING DATE: April 8, 2002 TOPIC: Resolution No. 02 — 28, Order Plans and Specifications — West Shadow Ponds VOTE REQUIRED: Simple Majority ' BACKGROUND: The preliminary plat for West Shadow Ponds was approved in 2001. The developer, Richard S. Carlson & Associates, has submitted a petition to have certain improvements installed by the City. All costs for these improvements will be assessed back to West Shadow Ponds per the development agreement. The improvements to be installed under City contract include the watermain, sanitary sewer, storm sewer, and the road pavement including aggregate base. The developer's contractor will complete all site grading including construction of the roadway up to the top of the subgrade. The project limits are from 62nd Street to the south end of existing West Shadow Lake Drive. The developer remains responsible for adhering to all of the conditions of the preliminary plat approval. The trail on 62nd Street must be installed, including bituminous, before he can begin site grading. All of the site grading must be completed according to the approved plan, and verified, prior to the City proceeding with City- contracted work. Assuming we have all the necessary base information from the developer's engineer, if ordered, the plans and specifications could be completed in time for consideration at the May 13, 2002, City Council meeting. The engineering budget for preparation of the plans and specifications is $7,800. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 02 - 28, order the plans and specifications for the West Shadow Ponds. 3. Not adopt Resolution No. 02 — 28. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 02 - 28 be adopted. • CITY OF LINO LAKES RESOLUTION NO. 02-28 RESOLUTION ORDERING THE PLANS AND SPECIFICATIONS — WEST SHADOW PONDS WHEREAS, the owner of West Shadow Ponds has petitioned the City for the installation of sanitary sewer, water, storm sewer and road improvements, and WHEREAS, it has previously been determined the installation of the improvements is feasible, and WHEREAS, the costs for the proposed improvements are secured through the development agreement between the City of Lino Lakes and Richard S. Carlson & Associates, and WHEREAS, the developer remains responsible for adhering to all of the conditions of the West Shadow Ponds preliminary plat approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: • 1. The City Engineer is designated as the engineer for this improvement and he is directed to prepare the plans and specifications for the construction of the West Shadow Ponds improvements. Adopted by the Lino Lakes City Council this 8th day of April, 2002. ATTEST: Ann J. Blair, City Clerk • John J. Bergeson, Mayor • • • Councilmember — introduced Resolution No. 02 -28 and moved its adoption. The motion for adoption of the foregoing resolution was duly seconded by Councilmember — and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared passed and adopted. CERTIFICATION OF RESOLUTION NO. 02-28 STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF LINO LAKES ) I, the undersigned, being the duly qualified City Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Resolution No. 02 -28 with the original thereof on file in the City Clerk's office, and the same is a full, true and complete copy insofar as the same relates to: RESOLUTION NO. 02-28 Witness my hand as said City Clerk and the Corporate Seal of the City this — day of —, 2002. Ann J. Blair (SEAL) • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: BACKGROUND: AGENDA ITEM 7G Michael Grochala April 8, 2002 Consideration of Resolution No. 02 -29 Approving TCF Site Improvement Performance Agreement The City Council approved the Site and Building Plans for the TCF Bank, with conditions per Resolution No. 02 -11 on March 11, 2002. A revised set of plans incorporating the required modifications prepared by Shea Architects, dated March 26, 2002, was received by the City on March 27, 2002. In accordance with the Site and Building Plan approvals staff has prepared a Site Improvement Performance Agreement. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit representing thirty -five (35) percent of the site improvement costs to insure completion of the project in accordance with the approved plans. 2. Waiver of procedure and appeal of special assessments for the Lake /Apollo Drive Improvements upto the amount of $51,411.89. 3. Deposit of a cash escrow to reimburse the City for costs incurred by the City related to the development and improvement of the site and developer improvements. TCF Bank has reviewed the agreement and is aware of the conditions setforth. OPTIONS: 1. Approve Resolution No. 02 -29 2. Do not authorize execution of the agreement. 3. Return to staff for further consideration. • • RECOMMENDATION: Option 1. ATTACHMENTS 1. Resolution No. 02 -29 2. Performance Agreement • • • CITY OF LINO LAKES RESOLUTION NO. 02-29 RESOLUTION APPROVING TCF BANK SITE IMPROVEMENT PERFORMANCE AGREEMENT WHEREAS, the Site and Building Plan Review of the TCF Bank was approved with Resolution No. 02 -11 by the City Council on March 11, 2002, and WHEREAS, the City received revised plans on March 27, 2002, prepared by Shea Architects, dated March 26, 2002 in accordance with the conditions of approval, and WHEREAS, the City's zoning ordinance and conditions of Site and Building Plan approval provide for the execution of a performance agreement to insure satisfactory completion of the improvements, NOW, THEREFORE BE IT RESOLVED THAT Lino Lakes City Council approves the Site Improvement Performance Agreement with TCF Bank and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this 8th day of April, 2002. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor • • CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this day of , 20, 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 TCF National Bank whose address is 801 Marquette Avenue, Minnesota 55402, hereinafter referred to as the "Developer ". WHEREAS, the Developer has received approval with conditions of the Site Development Plans, hereinafter called the "Plans" by the City Council of the City on the 1 lth day of March, 2002 by Resolution No. 02 -11 (Exhibit A) and in accordance with the Plans all 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 2, Block 1, Lino Lakes Market Place 2°d Addition NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: THE WORK Developer's Work The 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 04/03/02 1 TCF Agreement • • approved Plans and as required by the plan approval, such as, but not limited to: landscaping, private driveways, parking areas, storm drainage systems, water mains, sanitary sewers, hydrants, curbing, lighting, fencing, fire lanes, sidewalks, trails, outside trash disposal enclosures, site grading, and erosion control measures. COST ESTIMATES The Developer shall provide the City with a written estimate of all applicable costs of the 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. Cost of Developer's Improvements, and description are as follows: Description of Improvements Estimated Costs 1. Lighting $12,000.00 2. Fences /Screen Structures $6,000.00 3. Trash Disposal Enclosures $14,000.00 4. Curbing/Islands/Delineators $25,000.00 5. Storm Drainage System/ Sewers/ Catch Basins /Culverts /Swales $20,000.00 6. Driveway /Curbcut/Parking Lot/Fire Lane Construction $47,000.00 7. Watermains/Hydrants /Sanitary Sewers $16,000.00 8. Landscaping $30,000.00 9. Site Grading $27,000.00 10. Erosion Control $1,500.00 Total Estimated Cost of Developer Improvements $198,500.00 Security Requirement (Total x .35) $69,475.00 04/03/02 2 TCF Agreement • 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 site approval shall no longer be in effect, and application and approval of site and building plans shall be required. GUARANTEE 1. Faithful Performance of Construction Contracts and Letters of Credit. 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 improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty -five (35 %) percent of the total estimated cost of Developer's improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Site Improvement Performance Agreement 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 Agreement. The Irrevocable Letter of Credit shall be renewed or replaced by not later than thirty (30) days prior to its expiration with a like letter. 2. Reduction of Escrow Guarantee. The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The amount of reduction will be determined by the City Engineer. 04/03/02 3 TCF Agreement • • CITY'S IMPROVEMENTS In accordance with the policies and ordinances of the City, the following described improvements (hereinafter collectively called the "Improvements "), as referenced in the plans and specifications adopted by the City Council shall be constructed and installed by the City to serve the Property on the terms and conditions herein set forth: A. The construction of City Improvements generally including reconstruction of Lake Drive, construction of Apollo Drive, construction of Marketplace Drive, storm sewer, sanitary sewer and water main within Apollo Drive, and sidewalks. B. Construction Procedures 1. All City Improvements above shall be instituted, constructed and financed pursuant to Minnesota Statute §429 and City Charter providing that such Improvements be made and assessed against the benefited properties. C. Levy of Special Assessments and Required Payment Therefore.. 1. The entire cost of the installation of such Improvements, including any reasonable engineering, legal and administrative costs incurred by the City, shall be assessed against the benefited properties in accordance with City policy existing the date of this Agreement, payable over a term of 10 years in equal semi -annual installments of principal and interest at a rate of 7% per annum. The pro rata share of such assessment for the "Property" (Lot 2, Block 1, Lino Lakes Market Place 2nd Addition) shall not exceed $51,411.89. All special assessments levied hereto shall be payable in semi- annual installments over ten (10) years and shall be certified to the Anoka County Auditor for collection with the Real Estate Taxes. 2. The Developer waives any and all procedural and substantive objections to the installation of the public improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the Property. In the event the total of all City Installed Improvements is less than originally estimated by the City Engineer in his feasibility report, Developer waives any appeal rights otherwise available pursuant to M.S.A. §429.081. 04/03/02 4 TCF Agreement • REIMBURSEMENT OF COSTS The Developer agrees to establish a noninterest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all costs incurred by the City related to the development and improvement of the site and Developer improvements, including, but not limited to, the following: 1. Administration (Planning, Engineering, Legal, etc.) $1,500.00 2. Sanitary Sewer Trunk unit charge ($955.00 per SAC unit) estimated. $1,910.00 3. Water Trunk unit charge ($1,541 per SAC unit) estimated. $3,082.00 Total Estimated (Budget) Costs for Escrow Account $6,492.00 If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow. REMEDIES FOR BREACH 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 in writing of its intention to cure the default within 10 days thereafter, the City will proceed with the remedy it deems appropriate. 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. 04/03/02 5 TCF Agreement • 1. Specific Performance. The City may, in writing, direct 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,. 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. OCCUPATION OF PREMISES The Developer agrees that it will not cause to be occupied any portion of the building or improvements to be constructed upon the premises until completion of the building and site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. INSURANCE Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private improvements, public liability and property damage insurance 04/03/02 6 TCF Agreement • • • covering personal injury, including death, and claims for property damage which may arise out of the Developer's Work or the Work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 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. 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. 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. 04/03/02 7 TCF Agreement • B. Notices. Whenever in this Agreement it shall be required or permitted that notice or • • demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. VIOLATIONS/BUILD1NG PERMITS In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and/or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. 04/03/02 8 TCF Agreement 04/03/02 CITY OF LINO LAKES By Mayor ATTEST: By Clerk 9 TCF Agreement 0 STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 20, before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) 411 On this day of , 20_, before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the , of , a corporation under the laws of the State of Minnesota, and that they/he executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. • This instrument was drafted by: 04/03/02 William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, MN 55303 10 Notary Public TCF Agreement • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: BACKGROUND: AGENDA ITEM 7H Michael Grochala April 8, 2002 Consideration of Resolution No. 02 -30 Approving McDonalds Site Improvement Performance Agreement The City Council approved the Site and Building Plans for the McDonalds, with conditions per Resolution No. 01 -168 on October 22nd , 2001. A revised set of plans incorporating the required modifications prepared by Ryan Engineering, dated February 4, 2002, was received by the City on March 12, 2002. In accordance with the Site and Building Plan approvals, staff has prepared a Site Improvement Performance Agreement. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit representing thirty -five (35) percent of the site improvement costs to insure completion of the project in accordance with the approved plans. 2. Waiver of procedure and appeal of special assessments for the Lake /Apollo Drive Improvements upto the amount of $139,406. 3. Deposit of a cash escrow to reimburse the City for costs incurred by the City related to the development and improvement of the site and developer improvements. OPTIONS: 1. Approve Resolution No. 02 -30 2. Do not authorize execution of the agreement. 3. Retum to staff for further consideration. RECOMMENDATION: Option 1. ATTACHMENTS 1. Resolution No. 02 -30 2. Performance Agreement • • • • CITY OF LINO LAKES RESOLUTION NO. 02-29 RESOLUTION APPROVING MCDONALD'S SITE IMPROVEMENT PERFORMANCE AGREEMENT WHEREAS, the Site and Building Plan Review of the McDonald's was approved with Resolution No. 01 -168 by the City Council on October 22, 2001, and WHEREAS, the City received revised plans on March 12, 2002, prepared by Ryan Engineering, dated February 4, 2002 in accordance with the conditions of approval, and WHEREAS, the City's zoning ordinance and conditions of Site and Building Plan approval provide for the execution of a performance agreement to insure satisfactory completion of the improvements, NOW, THEREFORE BE IT RESOLVED THAT Lino Lakes City Council approves the Site Improvement Performance Agreement with McDonald's and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this 8th day of April, 2002. A 1 "!'EST: Ann Blair, City Clerk John J. Bergeson, Mayor • CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this day of , 20_, 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 McDonald's Corporation, a Delaware Corporation, whose address is 1650 West 82nd Street, Suite 900, Bloomington, Minnesota 55431- 1442,. hereinafter referred to as the "Developer ". WHEREAS, the Developer has received approval with conditions of the Site Development Plans, hereinafter called the "Plans" by the City Council of the City on the 22nd day of October, • 2001 by Resolution No. 01 -168 (Exhibit A) and in accordance with the Plans all 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, Lino Lakes Commercial Development, and Outlot A, Lino Lakes Commercial Development NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: THE WORK Developer's Work The Work shall consist of the improvements described in the approved Plans, to include any 04/05/02 1 McDonalds Agreement • subsequent amendments, approved by both Developer and City, 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, private driveways, parking areas, storm drainage systems, water mains, sanitary sewers, hydrants, curbing, lighting, fencing, fire lanes, sidewalks, trails, outside trash disposal enclosures, site grading, and erosion control measures. COST ESTIMATES The Developer shall provide the City with a written estimate of all applicable costs of the 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, which shall not exceed thirty -five (35) percent of such estimates. Cost of Developer's Improvements, and description are as follows: Description of Improvements Estimated Costs 1. Lighting $12,100.00 2. Fences /Screen Structures $8,100.00 3. Trash Disposal Enclosures $15,752.00 4. Curbing/Islands/Delineators $23,580.00 5. Storm Drainage System/ Sewers/ Catch Basins /Culverts /Swales $17,080.00 6. Driveway /Curbcut/Parking Lot/Fire Lane Construction $64,275.00 7. Watermains/Hydrants /Sanitary Sewers $6,560.00 8. Landscaping $30,820.00 9. Site Grading $24,000.00 10. Erosion Control $2,900.00 Total Estimated Cost of Developer Improvements $205,177.00 Security Requirement (Total x .35) $71,811.95 04/05/02 2 McDonalds Agreement • COMPLETION DATE The activities authorized by site and building plan approval shall be initiated within six (6) months, of date of approval of this document by the City. If such activity is not completed within eighteen (18) months, the site approval shall no longer be in effect, and application and approval of site and building plans shall be required. GUARANTEE 1. Faithful Performance of Construction Contracts and Letters of Credit. 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 improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty-five (35 %) percent of the total estimated cost of Developer's improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Site Improvement Performance Agreement 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, subject to terms herein, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this Agreement. The Irrevocable Letter of Credit shall be renewed or replaced by not later than thirty (30) days prior to its expiration with a like letter, until completion of Developers improvements and released by the City. 2. Reduction of Escrow Guarantee. The Developer may request reduction of the Letter 04/05/02 3 McDonalds Agreement of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The amount of reduction will be determined by the City Engineer. CITY'S IMPROVEMENTS In accordance with the policies and ordinances of the City, the following described improvements (hereinafter collectively called the "Improvements "), as referenced in the plans and specifications adopted by the City Council shall be constructed and installed by the City to serve the Property on the terms and conditions herein set forth: A. The construction of City Improvements generally including reconstruction of Lake Drive, construction of Apollo Drive, construction of Marketplace Drive, storm sewer, sanitary sewer and water main within Apollo Drive, and sidewalks. B. Construction Procedures 1. All City Improvements above shall be instituted, constructed and fmanced pursuant to Minnesota Statute §429 and City Charter providing that such Improvements be made and assessed against the benefited properties. C. Levy of Special Assessments and Required Payment Therefore.. 1. The entire cost of the installation of such Improvements, including any reasonable engineering, legal and administrative costs incurred. by the City, shall be assessed against the benefited properties, which include the development "Property" (Lot 1 and Outlot A, respectively), in accordance with City policy existing the date of this Agreement, payable over a term of 10 years in equal semi - annual installments of principal and interest at a rate of 7% per annum. The pro rata share of such assessment for the "Property" (Lot 1, Block 1, and Outlot A, Lino Lakes Commercial Development) shall not exceed $139,406. All special assessments levied hereto shall be payable in semi -annual installments over ten (10) years and shall be certified to the Anoka County Auditor for collection with the Real Estate Taxes. 2. The Developer waives any and all procedural and substantive objections to the installation of the public improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the Property. In the event the total of all City Installed Improvements is less than originally estimated by the City 04/05/02 4 McDonalds Agreement • Engineer in his feasibility report, Developer waives any appeal rights otherwise available pursuant to M.S.A. §429.081. REIMBURSEMENT OF COSTS The Developer agrees to establish a noninterest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all costs incurred by the City related to the development and improvement of the site, exclusive of City Improvements and Developer improvements, including, but not limited to, the following: 1. Site Plan Review Fee $2,798,54 2. Administration (Planning, Engineering, Legal, etc.) $1,500.00 3. Sanitary Sewer Trunk Area Charge ($2,203.00 per acre) $3,701.04 4. Sanitary Sewer Trunk unit charge ($955.00 per SAC unit). $3,820.00 5. Water Trunk Area Charge ($2,350.00 per acre) $3,948.00 6. Water Trunk unit charge ($1,541 per SAC unit). $6,164.00 7. Surface Water Management Fee ($0.075 per sq. ft.) $5,509.80 Total Estimated (Budget) Costs for Escrow Account $27,441.54 If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow. REMEDIES FOR BREACH The City shall give prior written notice to the Developer of any default hereunder before proceeding to enforce the guarantee referred to in Article 1, or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within twenty (20) days after such notice to it, the Developer has not notified the City in writing of its intention to cure the default within 10 days thereafter, the City will proceed with the remedy it deems appropriate. At any time after the completion date and any extensions thereof, if any of the work is 04/05/02 5 McDonalds Agreement • • • 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 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, so long as City's actions are commercially reasonable. 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. 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. OCCUPATION OF PREMISES The Developer agrees that it will not cause to be occupied any portion of the building or improvements to be constructed upon the premises until completion of the building and site 04/05/02 6 McDonalds Agreement • improvements as more fully described in the approved plans and following issuance of a Certificate • of Occupancy. INSURANCE Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's Work or the Work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five_Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. Developer may self insure for all coverages required under this section. 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. 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 04/05/02 7 McDonalds Agreement or void any of the other provisions of the Site Improvement Performance Agreement. 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 permitted that notice or demand be given or served by either party to-this Agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. A copy of all notices to Developer shall be sent to McDonalds Corporation at 1 McDonald's Plaza, Oak Brook, Illinois 60523, Attention Department 091, LC -22 -342 C. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. VIOLATIONS/BUILDING PERMITS In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and/or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. 04/05/02 8 McDonalds Agreement DEVELOPER CITY OF LINO LAKES McDonald's Corporation By Mayor Ai 'EST: By Clerk 04/05/02 9 McDonalds Agreement • STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this - day of , 20 , before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) ) ss. • COUNTY OF ANOKA ) On this day of , 20 , before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the , of , a corporation under the laws of the State of Minnesota, and that they/he executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public 04/05/02 10 McDonalds Agreement