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HomeMy WebLinkAbout06/24/2002 Council Packet• • • AMENDED AGENDA CITY OF LINO LAKES Monday June 24, 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) June 24, 2002 (Check No. 65290 through 65417 in the amount of $724,888.03). ii) Centennial Fire District (Check No. 13257 through 13277 in the amount of $3,323.14). B) Consider Resolution 02 -53, Approving Application for Premises Permit from Lino Lakes Lions for Lawful Gambling Activity at the American Legion Post 566. C) Consider Resolution 02 -59, Approving Applications for Cabaret License, 3.2 Beer On -Sale License & Exemption for Lawful Gambling License for St. Joseph's Annual August Festival. D) Consider Resolution No. 02 -68, Approving an Off -Sale 3.2 Beer License for SuperTarget, Lino Lakes Village. 2. Open Mike A) Dick Swanson, Blaine City Councilmember, Candidate for Anoka County Commissioner — introduction to Council. 3. Finance Department Report, Al Rolek A) Consideration of Resolution No. 02 -60, Awarding the Sale of $645,000 G.O. Improvement Bonds, Series 2002A and Consideration of Resolution NO. 02 -61, Awarding the Sale of $2,110,000 Taxable G.O. Improvement Bonds, Series 2002B Page 1 • AMENDED AGENDA 4. Administration Department Report, Dan Tesch A) Resolution 02 -62, Authorizing & Pledging Support for a Voting Equipment Grant Application, Ann Blair 5. Public Safety Department Report, Dave Pecchia None. 6. Public Services Department Report, Rick DeGardner A) Receive Bids and Award Contract for Timberwolf Trail Project, Rick DeGardner 7. Community Development Department Report, Michael Grochala A) Consideration of Resolutions No. 02 -64, Approving Site Performance Agreement, Raske Building Systems, Michael Grochala B) Consideration of Resolution No. 02 -55, Accepting Street and Utility Easements, Lake and Apollo Improvement Project, Michael Grochala C) Consideration of Resolution No. 02 -63, Approving Condition Use Permit for a Petting Zoo, William Walton, 8140 — 20`h Avenue, Tanda Gretz D) Second Reading, Ordinance No. 04 -02, Vacating Public Drainage & Utility Easements, Molin Concrete, Jim Studenski E) Second Reading Ordinance No. 05 -02, Vacating Public Right - of- Way, Cree Lane, Shenandoah 2nd Additions, Michael Grochala F) Consideration of Resolution No. 02 -65, Accepting Plans and Specifications and Authorizing Advertisement for Bids for Black Duck Lift Station improvement project, Michael Grochala G) Consideration of Resolution No. 02 -66, Accepting Feasibility Report and Calling of a Public Hearing on Improvements, 21st Avenue Street and Storm Sewer Improvements, Jim Studenski H) Consideration of resolution No. 02 -67, Approve Final Payment for 2001 Surface Water Management Program, Jim Studenski I) Consideration of Resolution No. 02 -69, Authorize Participation in Annual DNR Oak Wilt Grant Program, Marty Asleson J) Consideration of Resolution No. 02 -71, Approving Joint Powers Agreement with Anoka County, Lake /Apollo Drive Traffic Signals, Michael Grochala 8. Unfinished Business Page 2 • • • AMENDED AGENDA 9. New Business A) May 22, 2002 City Council Meeting Minutes — Revised Draft B) June 5, 2002 Council Work Session Meeting Minutes C) June 10, 2002 City Council Meeting Minutes D) June 17, 2002, Joint Meeting with the City of Centerville 10. Community Calendar, June 25, 2002 through July 8, 2002: A) Environmental Board Meeting, Wednesday, June 26, 2002, 6:30 p.m. B) Park Board Meeting, Monday, July 1, 2002, 6:30 p.m. C) Council Work Session, Tuesday, July 2, 2002, 5:30 p.m. D) City Council Meeting, Monday, July 8, 2002, 6:30 p.m. 11. Adjourn Revised ajb 06/24/02 2:06 p.m. Page 3 • EXPENDITURES JUNE 24, 2002 • Date: 06/06/2002 Time: 08:48:26 City of Lino Lakes FM Entry - Invoice Journal es Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 2504 2504 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000340 ANDERSON, MARILYN 1 1,250.00 1,250.00 .00 .00 000408 AFSCME COUNCIL #14 1 566.68 566.68 .00 .00 000468 RELIASTAR LIFE INSURANCE COMPANY 1 1,069.36 1,069.36 .00 .00 000670 BERNSTEIN, BARRY 1 26.65 26.65 .00 .00 000879 PREFERRED ONE HEALTH PLAN 1 24,489.83 24,489.83 .00 .00 001260 D.C.A. INC. 1 265.20 265.20 .00 .00 001301 DELTA DENTAL PLAN OF MINNESOTA 1 2,714.50 2,714.50 .00 .00 001550 FORTIS BENEFITS, INC. 1 710.04 710.04 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 693.00 693.00 .00 .00 003451 PERA /REGULAR 1 16,315.29 16,315.29 .00 .00 6 Grand Totals: 10 48,100.55 48,100.55 .00 .00* • Date: 06/13/2002 Time: 12:16:28 City of Lino Lakes FM Entry - Invoice Journal •es: Vendor #: (A) Invoice #: (A) Entry Journal #: (r) 2512 - 2512 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000040 A T & T 1 42.53 42.53 .00 .00 000090 ACCAP 2 275.00 275.00 .00 .00 000231 MINNESOTA BOARD OF PEACE OFFICER 1 90.00 90.00 .00 .00 000265 NASH SALES, INC. 1 100.00 100.00 .00 .00 000288 PATCHIN MESSNER APPRAISALS, INC. 1 30.00 30.00 .00 .00 000289 RODE, WENDY 1 30.00 30.00 .00 .00 000291 SAVE ELECTRIC, L.L.C. 1 110.50 110.50 .00 .00 000296 UNIVERSITY OF WISCONSIN PRESS 1 38.00 38.00 .00 .00 000478 ARCADE ASPHALT, INC. 1 3,000.00 3,000.00 .00 .00 000493 ASSET RECOVERY CORPORATION 1 1,151.25 1,151.25 .00 .00 0• INTERSTATE BATTERIES, INC. 1 97.24 97.24 .00 .00 000528 QWEST 1 2,367.95 2,367.95 .00 .00 000724 BLUE TOW SERVICE, INC. 1 637.00 637.00 .00 .00 000999 LANGER TREE SERVICE 1 1,330.00 1,330.00 .00 .00 001050 CENTENNIAL SCHOOLS 1 1,555.00 1,555.00 .00 .00 001540 FORESTRY SUPPLIERS, INC. 1 292.61 292.61 .00 .00 001860 KENNEDY AND GRAVEN, INC. 1 105.00 105.00 .00 .00 001981 INTEGRA HOMES, INC. 1 235.75 235.75 .00 .00 002153 KNOWLAN'S SUPER MARKETS, INC. 1 18.48 18.48 .00 .00 002410 LINO LAKES LIONS CLUB 1 400.00 400.00 .00 .00 002450 LUND, JOYCE 1 100.00 100.00 .00 .00 002553 MERCURY WASTE SOLUTIONS, INC. 1 186.34 186.34 .00 .00 • Date: 06/13/2002 Time: 12:16:28 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Discount Ve # Name # of items Net Gross Discount Lost 002694 MINNCOMM PAGING, INC. 1 94.39 94.39 .00 .00 002700 MINNEGASCO ACCOUNTS PAYABLE, INC. 1 744.03 744.03 .00 .00 003250 XCEL ENERGY 1 7,385.24 7,385.24 .00 .00 003451 PERA /REGULAR 2 1,578.35 1,578.35 .00 .00 003478 PECCHIA, DAVID CHIEF 1 334.62 334.62 .00 .00 003810 ROSS, CLIFFORD 1 121.11 121.11 .00 .00 003900 SAFETY KLEEN CORPORATION, INC. 4 318.00 318.00 .00 .00 003910 SAM'S CLUB, INC. 1 47.32 47.32 .00 .00 004070 CONSTRUCTION BULLETIN MAGAZINE 1 529.38 529.38 .00 .00 004240 STREICHER'S, INC. 1 63.85 63.85 .00 .00 004560 U S BANK 1 332.37 332.37 .00 .00 004610 UNIVERSITY OF MINNESOTA 1 140.00 140.00 .00 .00 900464 GREENMAN TECHNOLOGIES OF MN, INC. 1 800.00 800.00 .00 .00 Grand Totals: 40 24,681.31 24,681.31 .00 .00* Date: 06/18/2002 Time: 12:00:27 City of Lino Lakes FM Entry - Invoice Journal Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 2514 2514 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Sort: N Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000020 A & L SUPERIOR SOD CO, INC. 1 57.04 57.04 .00 .00 000022 REGAL AUTO WASH & DETAIL 1 7.55 7.55 .00 .00 000082 J. H. LARSON COMPANY, INC. 2 360.35 360.35 .00 .00 000095 ADVANCED GRAPHIX, INC. 1 86.12 86.12 .00 .00 000100 AID ELECTRIC SERVICE, INC. 1 102.18 102.18 .00 .00 000103 ONVOY, INC. 1 47.50 47.50 .00 .00 000162 BARNA, GUZY & STEFFEN, LTD. 1 24.00 24.00 .00 .00 000176 GRAYBAR ELECTRIC COMPANY, INC. 1 478.60 478.60 .00 .00 000177 MAIN FLORAL LTD 1 45.78 45.78 .00 .00 000191 MACQUEEN EQUIPMENT, INC. 1 44.01 44.01 .00 .00 04110 AMERICAN FASTENER & SUPPLY 1 5.40 5.40 .00 .00 000281 GOETZ LANDSCAPE & IRRIGATION, INC. 1 77.60 77.60 .00 .00 000298 ALAN MERRICK'S SOCCER ACADEMIES 1 175.00 175.00 .00 .00 000301 ANOKA COUNTY 1 200.00 200.00 .00 .00 000302 ARRIGONI BROTHERS COMPANY 1 13,000.00 13,000.00 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 1 130.90 130.90 .00 .00 000305 BALLOON SHOP, THE 1 297.00 297.00 .00 .00 000308 GTCTA 1 45.00 45.00 .00 .00 000309 INET7 INTERNET SERVICES, INC. 1 114.80 114.80 '.00 .00 000314 SCHOELL & MADSON, INC. 1 627.02 627.02 .00 .00 000316 STEFFENHAGEN, STEFANIE 1 290.00 290.00 .00 .00 000364 NORTHERN AIR CORPORATION 1 646.25 646.25 .00 .00 • Date: 06/18/2002 Time: 12:00:27 City of Lino Lakes FM Entry - Invoice Journal r # Name Operator: JAL Page: 2 Discount # of items Net Gross Discount Lost 000370 CENTRAL COMMUINICATIONS 1 441.00 441.00 .00 .00 000420 ANOKA COUNTY 2 66,497.00 66,497.00 .00 .00 000430 ANOKA COUNTY G.I.S. DIVISION 1 45.56 45.56 .00 .00 000557 BACON'S ELECTRIC COMPANY, INC. 1 1,922.10 1,922.10 .00 .00 000598 MINNESOTA PIPE & EQUIPMENT, INC. 3 3,153.09 3,153.09 .00 .00 000891 ZYLSTRA HARLEY - DAVIDSON, INC. 1 140.70 140.70 .00 .00 000900 BUMPER TO BUMPER, INC. 1 412.23 412.23 .00 .00 000922 BURSACK, ELIZABETH 1 77.50 77.50 .00 .00 000946 C. P. OFFICE PRODUCTS 1 224.31 224.31 .00 .00 000950 C. W. HOULE, INC. 1 5,762.25 5,762.25 .00 .00 001062 CULLIGAN, BOTTLED WATER, INC. 1 98.71 98.71 .00 .00 001148 CLEARWATER CREEK CONVENIENCE CENTER, INC 1 80.94 80.94 .00 .00 001208 COPY EQUIPMENT, INC. 1 85.88 85.88 .00 .00 001223 CROSS NURSERIES, INC. 1 1,990.86 1,990.86 .00 .00 001270 DALCO, INC. 1 220.47 220.47 .00 .00 . DEAN GALLERY, INC. 1 38.54 38.54 .00 .00 001292 DEHN OIL COMPANY, INC. 1 2,249.92 2,249.92 .00 .00 001480 HAWKINS WATER TREATMENT GROUP, INC. 2 6,361.42 6,361.42 .00 .00 001530 FOREST LAKE FORD, INC. 1 639.85 639.85 .00 .00 001531 FOREST LAKE CONTRACTING, INC. 1 344,952.42 344,952.42 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 1 235.75 235.75 .00 .00 001584 FUNKHOUSER, JAMES & JUDITH 1 2,317.58 2,317.58 .00 .00 001620 GLENWOOD INGLEWOOD, INC. 1 98.92 98.92 .00 .00 001771 HALVORSON CONCRETE, INC. 1 1,144.00 1,144.00 .00 .00 001971 INFRATECH TECHNOLOGIES, INC. 1 2,840.00 2,840.00 .00 .00 002002 INTERNATIONAL SOCIETY OF 1 155.00 155.00 .00 .00 002053 J. R.'S APPLIANCE DISPOSAL, INC. 1 1,530.00 1,530.00 .00 .00 • Date: 06/18/2002 Time: 12:00:28 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Discount V # Name # of items Net Gross Discount Lost 002142 KIEGER ENTERPRISES, INC. 1 1,118.00 1,118.00 .00 .00 002152 GOERTZ, ROCKY 1 9,813.00 9,813.00 .00 .00 002248 LARSON ALLEN WEISHAIR & CO., LLP 1 8,997.34 8,997.34 .00 .00 002310 LEAGUE OF MINNESOTA CITIES 1 180.00 180.00 .00 .00 002508 MUNICIPAL CLERKS /FINANCE OFFICERS ASSOC 1 35.00 35.00 .00 .00 002570 METRO COUNCIL WASTEWATER SERVICES 1 74,291.80 74,291.80 .00 .00 002839 MINNESOTA TAXPAYERS ASSOCIATION 1 125.00 125.00 .00 .00 003123 NATURE CALLS, INC. 1 632.93 632.93 .00 .00 003250 XCEL ENERGY 1 1,325.06 1,325.06 .00 .00 003320 NORTHWEST ASST CONSULTANT, INC. 6 4,827.00 4,827.00 .00 .00 003370 NYSTROM PUBLISHING COMPANY, INC. 1 4,682.71 4,682.71 .00 .00 003600 PRESS PUBLICATIONS, INC. 1 503.13 503.13 .00 .00 003860 RUFFRIDGE - JOHNSON, INC. 2 983.53 983.53 .00 .00 003880 SHORT - ELLIOTT - HENDRICKSON, INC. 3 3,161.53 3,161.53 .00 .00 003882 SHRED -IT, INC. 1 54.95 54.95 .00 .00 Os SAFETY KLEEN CORPORATION, INC. 1 75.00 75.00 .00 003973 SENSIBLE LAND USE COALITION 1 40.00 40.00 .00 .00 004240 STREICHER'S, INC. 2 2,728.63 2,728.63 .00 .00 004251 SUBURBAN INSPECTIONS, INC. 1 1,539.40 1,539.40 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 2 1,267.50 1,267.50 .00 .00 004350 T.K.D.A. 14 72,577.54 72,577.54 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 2 617.38 617.38 .00 .00 004479 TREADWAY GRAPHICS, INC. 1 56.55 56.55 .00 .00 004530 TURF SUPPLIES, INC. 1 613.44 613.44 .00 .00 004562 U.S. FILTER /WATERPRO, INC. 1 610.24 610.24 .00 .00 006304 TES OFFICE AUTOMATIONS, INC. 1 228.58 228.58 .00 .00 900305 HOMETOWN PIZZA, INC. 1 73.00 73.00 .00 .00 Date: 06/18/2002 Time: 12:00:29 City of Lino Lakes FM Entry - Invoice Journal Name Operator: JAL Page: 4 Discount # of items Net Gross Discount Lost 900524 BURGER, LUANN 1 266.00 266.00 .00 .00 900591 CORPORATE EXPRESS, INC. 3 103.83 103.83 .00 .00 Grand Totals: 109 652,106.17 652,106.17 .00 .00* • • Date: 06/18/2002 Time: 12:06:22 Operator: JAL • Ranges: Options: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: Cash #: Payroll Check Dates: Print: Report Format: # of copies: Total By Account: Check # Vendor Alpha Name (A) (A) (A) (A) (A) (R) (A) (A) (A) D 1 1 Y 2505 2517 Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept 65290 AFSCME COUNCIL #14 65306 BLUE TOW SERVICE, INC. 65294 DELTA DENTAL PLAN OF M 0 GOERTZ, ROCKY 65311 INTEGRA HOMES, INC. 65313 KENNEDY AND GRAVEN, IN 0 KIEGER ENTERPRISES, IN 65296 LAW ENFORCEMENT LABOR 65317 LUND, JOYCE 0 METRO COUNCIL WASTEWAT 0 NORTHWEST ASST CONSULT 65297 PERA /REGULAR 5 PERA /REGULAR 6 PERA /REGULAR 98 PREFERRED ONE HEALTH P 65300 RELIASTAR LIFE INSURAN 65328 RODE, WENDY 65332 SAVE ELECTRIC, L.L.C. 0 T.K.D.A. 0 ZYLSTRA HARLEY - DAVIDSO PAYROLL WITHHOLDING TOWING DENTAL INSURANCE REIMBURSE STREET LIGHT REIMB BLDG ESCROW /6745 EXPENSES /TIF PUMP RENTAL PAYROLL WITHHOLDING PAYROLL WITHHOLDING MAY SAC /JULY SEWER TECHNICAL ASSISTANCE /MAY PAYROLL WITHHOLDING COUNCIL PAYROLL WITHHOLD OMITTED BILLING HEALTH INSURANCE LIFE INSURANCE REIMBURSE PROGRAM REC REIMB ELEC PERMIT /2366 6 PROFESSIONAL SERVICE /APR UNIFORM SUPPLIES /BATTERY Total for Dept ** 0 LARSON ALLEN WEISHAIR PROGRESS BILLING Total for Dept 200 65307 CENTENNIAL SCHOOLS 0 ANOKA COUNTY 65331 SAM'S CLUB, INC. SPORTS CENTER Total for Dept 202 PARK /REC STAFF TRAINING SUPPLIES Total for Dept 205 0 BURGER, LUANN DANCE CLASSES 0 BURSACK, ELIZABETH MILEAGE /SUPPLIES 0 GTCTA SCHOOL /3 INSTRUCTORS 0 STEFFENHAGEN, STEFANIE REFUND PROGRAM REC PROGRAM ADULT SP SPECIAL SPECIAL YOUTH IN YOUTH IN YOUTH IN YOUTH IN Amount 566.68 637.00 1,532.70 9,813.00 235.75 105.00 1,118.00 693.00 100.00 36,804.00 1,691.20 16,315.29 190.62 1,387.73 5,930.69 790.76 30.00 110.50 10,439.34 93.71 88,584.97* 179.95 179.95* 1,555.00 1,555.00* 200.00 29.45 229.45* 266.00 3.47 45.00 290.00 Date: 06/18/2002 Time: 12:06:22 Operator: JAL • Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 ALAN MERRICK'S SOCCER Total for Dept 207 604.47* YOUTH SP 175.00 Total for Dept 208 175.00* 0 MAIN FLORAL LTD FLORAL ARRANGEMENT MAYOR /CO 45.78 0 NYSTROM PUBLISHING COM NEWSLETTER MAYOR /CO 4,682.71 65334 U S BANK SUPPLIES /LODGING MAYOR /CO 221.42 Total for Dept 401 4,949.91* 65291 ANDERSON, MARILYN CONTRACT ADMINIST 1,250.00 0 ANOKA COUNTY FILING FEE ADMINIST 153.00 65308 CONSTRUCTION BULLETIN ADVERTISING ADMINIST 266.42 0 CULLIGAN, BOTTLED WATE MONTHLY SERVICE /MAY ADMINIST 98.71 65293 D.C.A. INC. FLEXIBLE SPENDING ADMINI ADMINIST 265.20 65294 DELTA DENTAL PLAN OF M DENTAL INSURANCE ADMINIST 98.00 65295 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS ADMINIST 64.41 0 LEAGUE OF MINNESOTA CI REGISTRATION /LINDA W S ADMINIST 180.00 0 MUNICIPAL CLERKS /FINAN MEMBERSHIP /ANN B ADMINIST 35.00 0 ONVOY, INC. WEB HOSTING ADMINIST 47.50 65298 PREFERRED ONE HEALTH P HEALTH INSURANCE ADMINIST 974.31 0 PRESS PUBLICATIONS, IN ADVERTISING ADMINIST 45.31 65300 RELIASTAR LIFE INSURAN LIFE INSURANCE ADMINIST 20.00 O TIMESAVER OFF -SITE SEC MAY 29 /JUNE 5 ADMINIST 437.88 65334 U S BANK SUPPLIES /LODGING ADMINIST 100.00 Total for Dept 402 4,035.74* ANOKA COUNTY G.I.S. DI MAPS ELECTION 45.56 Total for Dept 403 45.56* 65295 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS SENIORS 4.17 65300 RELIASTAR LIFE INSURAN LIFE INSURANCE SENIORS 4.00 Total for Dept 406 8.17* O ANOKA COUNTY '03 ASSESSMENT CONTRACT FINANCE 66,344.00 65294 DELTA DENTAL PLAN OF M DENTAL INSURANCE FINANCE 85.75 65295 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS FINANCE 41.48 O LARSON ALLEN WEISHAIR PROGRESS BILLING FINANCE 3,598.94 O MINNESOTA TAXPAYERS AS MEMBERSHIP /AL R FINANCE 125.00 65298 PREFERRED ONE HEALTH P HEALTH INSURANCE FINANCE 500.01 65300 RELIASTAR LIFE INSURAN LIFE INSURANCE FINANCE 14.00 Total for Dept 407 70,709.18* O DEAN GALLERY, INC. FRAMING ECONOMIC 38.54 65294 DELTA DENTAL PLAN OF M DENTAL INSURANCE ECONOMIC 24.50 65295 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS ECONOMIC 11.49 65323 PATCHIN MESSNER APPRAI APPRAISAL ECONOMIC 30.00 65298 PREFERRED ONE HEALTH P HEALTH INSURANCE ECONOMIC 237.15 65300 RELIASTAR LIFE INSURAN LIFE INSURANCE ECONOMIC 4.00 0 SCHOELL & MADSON, INC. PROFESSIONAL SERVICES ECONOMIC 627.02 • Date: 06/18/2002 Time: 12:06:22 Operator: JAL • Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 SENSIBLE LAND USE COAL PROGRAM /MARY D ECONOMIC Total for Dept 415 65294 DELTA DENTAL PLAN OF M DENTAL INSURANCE 65295 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS 0 NORTHWEST ASST CONSULT PROFESSIONAL SERVICES /MA 65298 PREFERRED ONE HEALTH P HEALTH INSURANCE 65300 RELIASTAR LIFE INSURAN LIFE INSURANCE 0 SHORT - ELLIOTT - HENDRICK PROFESSIONAL SERVICE /MAY Total for Dept 416 PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING 40.00 1,012.70* 49.00 21.85 3,135.80 474.30 8.00 302.50 3,991.45* 0 T.K.D.A. PROFESSIONAL SERVICE /APR ENGINEER 10,953.75 Total for Dept 417 10,953.75* 65294 DELTA DENTAL PLAN OF M DENTAL INSURANCE Communit 65295 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS Communit 65298 PREFERRED ONE HEALTH P HEALTH INSURANCE Communit 65300 RELIASTAR LIFE INSURAN LIFE INSURANCE Communit Total for Dept 418 0 0 0 0 0 0 41,4 5 0 0 65319 65321 65324 65298 0 65300 65329 0 0 65333 0 65337 0 ADVANCED GRAPHIX, INC. BALLOON SHOP, THE BARNA, GUZY & STEFFEN, C. P. OFFICE PRODUCTS CENTRAL COMMUINICATION CLEARWATER CREEK CONVE DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. FRATTALLONE'S HARDWARE GLENWOOD INGLEWOOD, IN MINNCOMM PAGING, INC. MINNESOTA BOARD OF PEA PECCHIA, DAVID CHIEF PREFERRED ONE HEALTH P REGAL AUTO WASH & DETA RELIASTAR LIFE INSURAN ROSS, CLIFFORD SHRED -IT, INC. STREICHER'S, INC. STREICHER'S, INC. TREADWAY GRAPHICS, INC XCEL ENERGY ZYLSTRA HARLEY - DAVIDSO REPAIR DECALS DARE SUPPLIES PROFESSIONAL SERVICES OFFICE SUPPLIES MONTHLY CELLULAR CHARGE/ CAR WASHES DENTAL INSURANCE LONG TERM DISABILITY PARTS /SUPPLIES MONTHLY SERVICE /MAY MONTHLY SERVICE /MAY LICENSE /MIKE M REIMBURSE CONFERENCE HEALTH INSURANCE CAR WASHES LIFE INSURANCE UNIFORM ALLOWANCE DESTROY CONFIDENTIAL UNIFORM SUPPLIES BUMPERS MEDALLION /TEE- SHIRTS MONTHLY SERVICE /MAY UNIFORM SUPPLIES /BATTERY POLICE POLICE POLICE POLICE POLICE POLICE POLICE INS POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE MAT POLICE POLICE POLICE POLICE POLICE POLICE Total for Dept 420 65294 DELTA DENTAL PLAN OF M DENTAL INSURANCE FIRE 65295 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS FIRE 65298 PREFERRED ONE HEALTH P HEALTH INSURANCE FIRE 65300 RELIASTAR LIFE INSURAN LIFE INSURANCE FIRE Total for Dept 421 • 49.00 24.37 500.01 8.00 581.38* 86.12 297.00 24.00 224.31 441.00 80.94 338.26 260.46 4.25 46.81 54.61 90.00 334.62 8,892.47 7.55 104.00 121.11 54.95 2,728.63 63.85 56.55 3.14 46.99 14,361.62* 47.28 29.72 965.02 8.00 1,050.02* Date: 06/18/2002 Time: 12:06:22 Operator: JAL • Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 65294 DELTA DENTAL PLAN OF M DENTAL INSURANCE BUILDING 73.50 65295 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS BUILDING 30.89 65298 PREFERRED ONE HEALTH P HEALTH INSURANCE BUILDING 1,237.17 65300 RELIASTAR LIFE INSURAN LIFE INSURANCE BUILDING 18.60 0 SUBURBAN INSPECTIONS, ELECTRICAL INSPECTIONS BUILDING 1,539.40 Total for Dept 422 2,899.56* 0 65294 65309 65295 0 65319 65298 65300 0 65337 0 0 65294 0 65295 0 65312 0 8 1111!0 0 A & L SUPERIOR SOD CO, SOD STREETS DELTA DENTAL PLAN OF M DENTAL INSURANCE STREETS FORESTRY SUPPLIERS, IN SAW /BLADE /POST POPPER /CH STREETS FORTIS BENEFITS, INC. LONG TERM DISABILITY INS STREETS HALVORSON CONCRETE, IN CURB /GUTTER MINNCOMM PAGING, INC. MONTHLY SERVICE /MAY PREFERRED ONE HEALTH P HEALTH INSURANCE RELIASTAR LIFE INSURAN LIFE INSURANCE T.A. SCHIFSKY AND SONS ASPHALT XCEL ENERGY MONTHLY SERVICE /MAY Total for Dept 430 BUMPER TO BUMPER, INC. DEHN OIL COMPANY, INC. DELTA DENTAL PLAN OF M FOREST LAKE FORD, INC. FORTIS BENEFITS, INC. FRATTALLONE'S HARDWARE INTERSTATE BATTERIES, MACQUEEN EQUIPMENT, IN PREFERRED ONE HEALTH P RELIASTAR LIFE INSURAN RUFFRIDGE- JOHNSON, INC 65301 A T & T 0 COPY EQUIPMENT, INC. 0 CORPORATE EXPRESS, INC 0 DALCO, INC. 65295 FORTIS BENEFITS, INC. 0 FRATTALLONE'S HARDWARE 0 GLENWOOD INGLEWOOD, IN MONTHLY 0 J. H. LARSON COMPANY, LAMP 65320 MINNEGASCO ACCOUNTS PA MONTHLY 0 NORTHERN AIR CORPORATI AIR HANDLING UNIT 65298 PREFERRED ONE HEALTH P HEALTH INSURANCE 65327 QWEST MONTHLY SERVICE /MAY 65300 RELIASTAR LIFE INSURAN LIFE INSURANCE 0 TBS OFFICE AUTOMATIONS ANNUAL BILLING /COPIER 65334 U S BANK SUPPLIES /LODGING 65337 XCEL ENERGY MONTHLY SERVICE /MAY Total for Dept 432 PARTS /SUPPLIES GASOHOL DENTAL INSURANCE PARTS /SUPPLIES LONG TERM DISABILITY PARTS /SUPPLIES BATTERY SWITCH HEALTH INSURANCE LIFE INSURANCE SCRAPER Total for Dept 431 MONTHLY SERVICE /MAY PAPER OFFICE SUPPLIES JANITORIAL SUPPLIES LONG TERM DISABILITY PARTS /SUPPLIES SERVICE /MAY SERVICE /MAY • STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET INS FLEET FLEET FLEET FLEET FLEET FLEET FLEET GOVERNME GOVERNME GOVERNME GOVERNME INS GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME 57.04 98.00 66.20 56.18 132.00 8.84 711.45 23.40 1,267.50 3,127.13 5,547.74* 412.23 2,249.92 24.50 639.85 11.39 13.61 97.24 44.01 500.01 4.60 983.53 4,980.89* 42.53 85.88 103.83 220.47 8.75 32.55 52.11 360.35 471.10 646.25 500.01 2,146.74 4.00 228.58 10.95 3,648.22 8,562.32* Date: 06/18/2002 Time: 12:06:22 • Operator: JAL Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 MILEAGE /SUPPLIES PARKS 0 CONTRACTOR /WENZEL FARMS PARKS 0 TREES /PERENNIALS PARKS 65294 DENTAL INSURANCE PARKS 65309 SAW /BLADE /POST POPPER /CH PARKS 65295 LONG TERM DISABILITY INS PARKS 0 PARTS /SUPPLIES PARKS 65315 TREE REMOVAL 65319 MONTHLY SERVICE /MAY 65320 MONTHLY SERVICE /MAY 0 PORTABLE RESTROOMS 65298 HEALTH INSURANCE 0 ADVERTISING 65327 MONTHLY SERVICE /MAY 65300 LIFE INSURANCE PARKS O PROFESSIONAL SERVICE /MAY PARKS O SUPPLIES PARKS 0 MONTHLY SERVICE /MAY 65337 MONTHLY SERVICE /MAY Total for Dept 450 BURSACK, ELIZABETH C. W. HOULE, INC. CROSS NURSERIES, INC. DELTA DENTAL PLAN OF M FORESTRY SUPPLIERS, IN FORTIS BENEFITS, INC. FRATTALLONE'S HARDWARE LANGER TREE SERVICE MINNCOMM PAGING, INC. MINNEGASCO ACCOUNTS PA NATURE CALLS, INC. PREFERRED ONE HEALTH P PRESS PUBLICATIONS, IN QWEST RELIASTAR LIFE INSURAN SHORT - ELLIOTT - HENDRICK TURF SUPPLIES, INC. XCEL ENERGY XCEL ENERGY 35.34 5,762.25 1,990.86 134.75 226.41 56.39 50.74 PARKS 1,330.00 PARKS 4.42 PARKS 74.42 PARKS 632.93 PARKS 1,487.18 PARKS 93.75 PARKS 165.22 22.00 662.50 613.44 PARKS 39.51 PARKS 44.61 13,426.72* 65292 BERNSTEIN, BARRY MILEAGE O BURSACK, ELIZABETH MILEAGE /SUPPLIES 65294 DELTA DENTAL PLAN OF M DENTAL INSURANCE 65295 FORTIS BENEFITS, INC. LONG TERM DISABILITY O HOMETOWN PIZZA, INC. PIZZAS 9 .0 INET7 INTERNET SERVICE HOSTING TIME 9 MINNCOMM PAGING, INC. MONTHLY SERVICE /MAY 8 PREFERRED ONE HEALTH P HEALTH INSURANCE 65300 RELIASTAR LIFE INSURAN LIFE INSURANCE 65331 SAM'S CLUB, INC. SUPPLIES Total for Dept 451 65294 DELTA DENTAL PLAN OF M DENTAL INSURANCE 65295 FORTIS BENEFITS, INC. LONG TERM DISABILITY 65298 PREFERRED ONE HEALTH P HEALTH INSURANCE 65300 RELIASTAR LIFE INSURAN LIFE INSURANCE O TIMESAVER OFF -SITE SEC MAY 29 /JUNE 5 65336 UNIVERSITY OF WISCONSI SUBSCRIPTION Total for Dept 461 65302 65303 65305 65294 65295 65310 0 65314 65316 • ACCAP ACCAP ASSET RECOVERY CORPORA DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. GREENMAN TECHNOLOGIES J. R.'S APPLIANCE DISP KNOWLAN'S SUPER MARKET LINO LAKES LIONS CLUB RECYCLING DAY RECYCLING DAY RECYCLING DAY DENTAL INSURANCE LONG TERM DISABILITY RECYCLING DAY RECYCLING DAY RECYCLING DAY RECYCLING DAY RECREATI 26.65 RECREATI 38.69 RECREATI 53.90 INS RECREATI 32.67 RECREATI 73.00 RECREATI 114.80 RECREATI 8.84 RECREATI 337.15 RECREATI 12.80 RECREATI 17.87 716.37* ENVIRONM 11.02 INS ENVIRONM 5.90 ENVIRONM 225.01 ENVIRONM 1.80 ENVIRONM 179.50 ENVIRONM 38.00 461.23* SOLID SOLID SOLID SOLID INS SOLID SOLID SOLID SOLID SOLID WA 60.00 WA 215.00 WA 1,151.25 WA 2.45 WA 1.31 WA 800.00 WA 1,530.00 WA 18.48 WA 400.00 Date: 06/18/2002 Time: 12:06:22 Operator: JAL • Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 65318 MERCURY WASTE SOLUTION RECYCLING DAY SOLID WA 186.34 65322 NASH SALES, INC. RECYCLING DAY SOLID WA 100.00 65298 PREFERRED ONE HEALTH P HEALTH INSURANCE SOLID WA 50.00 0 PRESS PUBLICATIONS, IN ADVERTISING SOLID WA 154.69 65300 RELIASTAR LIFE INSURAN LIFE INSURANCE SOLID WA .40 0 SAFETY KLEEN CORPORATI RECYCLE USED OIL SOLID WA 75.00 65330 SAFETY KLEEN CORPORATI RECYCLE USED OIL SOLID WA 318.00 Total for Dept 462 5,062.92* O AMERICAN FASTENER & SU PARTS /SUPPLIES FORESTRY 5.40 65294 DELTA DENTAL PLAN OF M DENTAL INSURANCE FORESTRY 11.03 65295 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS FORESTRY 5.89 O INTERNATIONAL SOCIETY MEMBERSHIP /MARTY A FORESTRY 155.00 65298 PREFERRED ONE HEALTH P HEALTH INSURANCE FORESTRY 225.00 65300 RELIASTAR LIFE INSURAN LIFE INSURANCE FORESTRY 1.80 65335 UNIVERSITY OF MINNESOT REGISTRATION /MARTY A FORESTRY 140.00 Total for Dept 463 544.12* 0 AID ELECTRIC SERVICE, FLOW SWITCH WATER 102.18 0 BACON'S ELECTRIC COMPA LABOR /VEHICLE /TOOLS /MATE WATER 1,922.10 65294 DELTA DENTAL PLAN OF M DENTAL INSURANCE WATER 40.42 65295 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS WATER 21.36 0 FRATTALLONE'S HARDWARE PARTS /SUPPLIES WATER 134.60 O GOETZ LANDSCAPE & IRRI PLANTS WATER 77.60 0 GRAYBAR ELECTRIC COMPA FILTER /COUPLER /ETC. WATER 478.60 O HALVORSON CONCRETE, IN CURB /GUTTER WATER 1,012.00 111 0 HAWKINS WATER TREATMEN CONTAINER DEMURRAGE WATER 6,361.42 0 INSTRUMENTAL RESEARCH, WATER SAMPLES WATER 130.90 0 LARSON ALLEN WEISHAIR PROGRESS BILLING WATER 899.73 65319 MINNCOMM PAGING, INC. MONTHLY SERVICE /MAY WATER 13.26 65320 MINNEGASCO ACCOUNTS PA MONTHLY SERVICE /MAY WATER 198.51 0 MINNESOTA PIPE & EQUIP SWIVEL /PIPE THREAD WATER 3,153.09 65298 PREFERRED ONE HEALTH P HEALTH INSURANCE WATER 371.44 65327 QWEST MONTHLY SERVICE /MAY WATER 55.99 65300 RELIASTAR LIFE INSURAN LIFE INSURANCE WATER 9.60 0 U.S. FILTER /WATERPRO, METER WATER 610.24 0 XCEL ENERGY MONTHLY SERVICE /MAY WATER 984.99 Total for Dept 494 16,578.03* 65294 DELTA DENTAL PLAN OF M DENTAL INSURANCE SEWER 40.44 65295 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS SEWER 21.36 O INFRATECH TECHNOLOGIES REPAIR /BLACK DUCK DRIVE SEWER 2,840.00 0 LARSON ALLEN WEISHAIR PROGRESS BILLING SEWER 899.73 0 METRO COUNCIL WASTEWAT MAY SAC /JULY SEWER SEWER 35,087.80 65319 MINNCOMM PAGING, INC. MONTHLY SERVICE /MAY SEWER 4.42 65298 PREFERRED ONE HEALTH P HEALTH INSURANCE SEWER 371.45 65300 RELIASTAR LIFE INSURAN LIFE INSURANCE SEWER 9.60 0 XCEL ENERGY MONTHLY SERVICE /MAY SEWER 300.56 65337 XCEL ENERGY MONTHLY SERVICE /MAY SEWER 562.14 Total for Dept 495 40,137.50* • Date: 06/18/2002 Time: 12:06:23 Operator: JAL • Page: 7 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 65304 ARCADE ASPHALT, INC. RELOCATE PATH /BERN'S OTHER 3,000.00 0 ARRIGONI BROTHERS COMP GRADING /CURB /SURVEY -CLEA OTHER 13,000.00 65308 CONSTRUCTION BULLETIN ADVERTISING OTHER 262.96 0 FOREST LAKE CONTRACTIN CONTRACTOR /LAKE DRIVE -AP OTHER 344,952.42 O FUNKHOUSER, JAMES & JU LAND PURCHASE OTHER 2,317.58 0 LARSON ALLEN WEISHAIR PROGRESS BILLING OTHER 3,418.99 O METRO COUNCIL WASTEWAT MAY SAC /JULY SEWER OTHER 2,400.00 O PRESS PUBLICATIONS, IN ADVERTISING OTHER 209.38 0 SHORT - ELLIOTT - HENDRICK PROFESSIONAL SERVICES /MA OTHER 2,196.53 O T.K.D.A. PROFESSIONAL SERVICE /APR OTHER 51,184.45 Total for Dept 499 422,942.31* Grand Total 724,888.03* • • Centennial Fire District Check Register 6/18/2002 irsements listed below are submitted by the Centennial Fire District for your approval: CHECK# NAME 13257 Amoco Oil Company 13258 Anoka - Technical College 13259 Bauer Built, Inc. 13260 Centerville Floral 13261 Citgo Petroleum Corp. 13262 Connexus Energy 13263 Emergency Apparatus Maintenance 13264 Grainger 13265 Hugo Feed Mill & Elevator 13266 Loffler Business Systems 13267 McLeod USA 13268 Milo Bennett 13269 Orkin Exterminating 13270 Oxygen Service Company, Inc. 13271 Qwest 13272 Randy Lauderbaugh 13273 Reliant Energy Minnegasco 13274 Viking Office Products 13275 Xcel Energy 13276 Zep Manufacturing Company 13277 Stacy's Specialty Stitching 1 of 1 ACCOUNT AMOUNT 42100 - Fuel and Lube 181.87 42220 - Travel, Conference, School 64.00 42000 - Vehicle Maintenance 37.86 42280 - Misc. Expense 75.00 42100 - Fuel and Lube 51.80 42252 - Station 1 - Electric 372.73 42000 - Vehicle Maintenance 670.37 42130 - Equipment Expense 104.15 42130 - Equipment Expense 15.93 42110 - Other Maintenance 41.42 42240 - Telephone Expense 362.56 42000 - Vehicle Maintenance 42.04 42110 - Other Maintenance 51.12 42270 - Breathing Air 100.00 42240 - Telephone Expense 297.85 42130 - Equipment Expense 11.91 42253 - Station 2 - Gas 165.13 42180 - Office Supplies 49.97 42254 - Station 2 - Electric 430.19 42230 - Cleaning Supplies 172.24 42280 - Misc. Expense 25.00 Total $3,323.14 AGENDA ITEM 1B STAFF ORIGNINATOR: Jean Viger, Deputy Clerk MEETING DATE: June 24, 2002 TOPIC: Consider Resolution No. 02 -53, Approving Application to Permit Gambling at the American Legion Post 566 for the Lino Lakes Lions Club. VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: Attached is an application from the Lino Lakes Lions Club for approval of their Premises Permit to conduct gambling at the American Legion Post 566. The renewal period for the Premises Permit is two years, as per state guidelines. • The police department conducted a background check and found no information to deny issuing the permit. OPTIONS: 1. Adopt the motion to approve Resolution No. 02 -53 2. Deny approval of Resolution 02 -53 RECOMMENDATIONS: Option 1 • • • • COUNTY OF ANOKA CITY OF LINO LAKES RESOLUTION NO. 02-53 RENEWAL APPLICATION TO PERMIT GAMBLING AT THE AMERICAN LEGION POST 566 FOR THE LINO LAKES LIONS CLUB WHEREAS, WHEREAS, the Lino Lakes City Council met at its regularly scheduled meeting of June 24, 2002; and the Lino Lakes City Council discussed the lawful gambling of the Lino Lakes Lions Club to conduct gambling at the American Legion Post 566; and WHEREAS, the City of Lino Lakes has conducted an investigation of the Lion Lakes Lions Club; and WHEREAS, the Lino Lakes Lions Club is in compliance with City Ordinance; and WHEREAS, the Lino Lakes Lions Club appears to take into consideration the best interest of the City of Lino Lakes, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves the charitable gambling activity by the Lino Lakes Lions Club at the American Legion Post 566, 7731 Lake Drive, Lino Lakes, Minnesota. Approved by the City Council of the City of Lino Lakes this 24th day of June, 2002. ATTEST: Ann J. Blair, City Clerk John J. Bergeson, Mayor State of Minnesota Gambling Control Board Premises Permit Renewal Application • LG214PPR Printed: 5/24/2002 For Board Use Only Amt Pd Check # License Number: B- 98052 -001 Effective Date: 9/1/2000 Expiration Date: 8/31/2002 Name of Organization: Lino Lakes Lions Club Gambling Premises Information Name of the establishment where gambling will be conducted American Legion Post 566 7731 Lake Dr Lino Lakes, MN 55014 County: Anoka Note: Our records show the premises is located within the city limits Name of the property owner (If different): • Lessor Information Square footage leased per month: clo Rent paid per month: 600 _ Square footage leased per bingo occasion: Rent paid per bingo occasion: J Bingo Activity Our records indicate that Bingo is not conducted on these premises. Storage Information Et/=zi_Ga S1-09-4-1-63 Lino Lakes State Bank 7449 Village Dr Lino Lakes, MN 55014 Bank Information Gambling Bank Account Number: 103093 On the lines provided below list the name, address and title of at least two persons authorized to sign checks and make deposits and withdrawals for the gambling account. The organization's treasurer may not handle gambling funds. Name Address City, State, Zip Code Title (Be sure to plete the reverse side of this application) This form will be made available in alternative format (ie. large print, braille) upon request. Page 1 of 2 (Continued on Back) Iry Zastrow 911 Orange Lino Lakes, MN 55014 Jn DTfi '-1 Lino Lakes, MN 55014 Lino Lakes, MN 55014 Qi _ r (Be sure to plete the reverse side of this application) This form will be made available in alternative format (ie. large print, braille) upon request. Page 1 of 2 (Continued on Back) Acknowledgment Page 2 of 2 Gambling Site Authorization I hereby consent that local law enforcement officers, the board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners, may enter the premises to enforce the law. Bank Records Information The board is authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. Organization License Authorization I hereby authorize the Gambling Control Board to modify the class of organization license to be consistent with the class of permit being applied for. Oath 6. I declare that: 1. I have read this application and all information submitted to the board is true, accurate, and complete; 2. all other required information has been fully disclosed; 3. I am the chief executive officer of the organization; 4. I assume full responsibility for the fair and lawful operation of all activities to be conducted; 5. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the board and agree, if licensed, to abide by those laws and rules, including amendments to them; any changes in application information will be submitted to the board and local unit of government within ten days of the change; and 7. I understand that failure to provide required information or providing false or misleading information may r__t in the denial or revocation of the I Siiature of the hie executive icer (Designee m. .t sign) Date Local Unit of Government Acknowled ment and A 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 resolution specifically approving or denying the application will be forwarded to the applying organization. royal Print name of city Signature of city personnel receiving application Title Date For the township: On behalf of the township, I acknowledge that the organization is applying to conduct lawful gambling activity within the township limits. Print name of township A township has no statutory authority to approve or deny an Signature of township official receiving application application (Minn. Stat. sec. 349.213, subd. 2). Title Date For the county: On behalf of the county, I hereby acknowledge this application for lawful gambling activity at the premises located within the county's jurisdiction, and that a resolution specifically approving or denying the application will be forwarded to the applying organization. Print name of county Signature of county personnel receiving application Title Date • The information requested on this form (and any attachments) will be used by the Gambling Control Board (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 license. If you supply the information requested, the Board will be able to process your application. 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 license. When the Board issues your license, all of the information that you have provided to the Board in the process of applying for your license will become public. If the Board does not issue you a license, all the information you have provided in the process of applying for a license remains private, with the exception of your name and address which will remain public. Private data about you are available only to 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 • • AGENDA ITEM 1C STAFF ORIGNINATOR: Jean Viger, Deputy Clerk MEETING DATE: June 24, 2002 TOPIC: Consider Resolution No. 02 -59, Approving Application for a Cabaret License, a 3.2 Beer License and Exemption for Gambling Permit for the St. Joseph Catholic Church Annual Festival. VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: St. Joseph Catholic Church will be hosting its annual August Festival, Saturday, August 10 and August 11, 2002. The August Festival is a major fundraising event for the parish. As part of its celebration, beverages, including 3.2 beer, will be served. The State of Minnesota requires that a separate 3.2 beer license be issued for such an event. Non - profit organizations are allowed, under State Gambling Statutes, to apply for an exemption from gambling license if they conduct fewer than five (5) gambling occasions per year. St. Joseph Catholic Church falls in this category. In addition, each year a dance is held on Saturday night and each year a cabaret license is required by city code. The parish has made application to the City of Lino Lakes to acquire a cabaret license and approval of the applications for exemption from gambling license and 3.2 beer license. They have submitted a certificate of insurance for the dates of the event and paid the proper fees. The police department conducted a background investigation and found no information which would require a recommendation of denial. OPTIONS: 1. Adopt the motion to approve Resolution No. 02 -59 2. Deny approval of Resolution 02 -59 3. Return to staff for further information RECOMMENDATIONS: Option 1., approve Resolution No.02 -59 • • COUNTY OF ANOKA CITY OF LINO LAKES RESOLUTION NO. 02 -59 RESOLUTION APPROVING APPLICATION FOR A CABAET LICENSE, A 3.2 BEER LICNESE AND AN EXEMPTION FOR GAMBLING PERMIT FOR THE ST. JOSEPH CATHOLIC CHURCH AUGUST FESTIVAL WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the Lino Lakes City Council met at its regularly scheduled meeting of June 24, 2002; and St. Joseph Catholic Church has made application for a cabaret license, a 3.2 beer license and a permit for lawful gambling for their annual August festival to be held on August 10th and 11th, 2002; and the City of Lino Lakes Police Department has conducted an investigation of St. Joseph Catholic Church; and St. Joseph Catholic Church is in compliance with City Ordinance; and St. Joseph Catholic Church appears to take into consideration the best interest of the City of Lino Lakes, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves the cabaret license, the 3.2 beer license and the application for exemption for gambling permit for the August festival. Approved by the City Council of the City of Lino Lakes this 24th day of June, 2002. ATTEST: Ann J. Blair, City Clerk John J. Bergeson, Mayor • DATE: CITY OF LINO LAKES CABARET LICENSE APPLICATION May 24, 2002 APPLICATION NO. NAME OF BUSINESS /ORGANIZATION St. Joseph Parish CONTACT PERSON: NAME Darlene M Newman ADDRESS 171 Elm Street TELE. NO. 651- 784 -3015 NAME OF APPLICANT: NAME St. Joseph Parish ADDRESS 171 Elm Street TELE. NO. 651- 784 -3015 DESCRIPTION OF EVENT /ENTERTAINMENT August Festival DATE(S) OF EVENT August 10th adn llth, 2002 TIME PERIOD (S) EVENT WILL BE HELD August 10th 6 PM to 11 PM August llth 11 AM to 5 PM LOCATION OF EVENT /ENTERTAINMENT (INSIDE OF BUILDING /OUTSIDE IN PARKING LOT, ETC.) outside in parking lot behind buildings. NUMBER OF PEOPLE EXPECTED TO ATTEND EVENT /ENTERTAINMENT 600 -700 OTHER SPECIAL PERMITS OR LICENSES REQUIRED (OFF —SALE BEER, ETC.) ©e.J cE- sale beer & gambling license DESCRIPTION OF METHODS TO CONTROL MOVEMENT OF PUBLIC AND NOISES Event will be held behind the buildings, between buildings and freeway (SEE REVERSE SIDE FOR RESTRICTIONS) SIGNATURE OF APPLICANT DATE OF CITY COUNCIL APPROVAL • • Minnesota Lawful Gamblin Page 1 of 2 3/01 LG220 - Application for Exempt Permit Fee - $25 FeePaidrd Use Only Organization Information Check No. __ __ Organization name Previous lawful gambling exemption St. Joseph Parish X- 98004 -01 number Street 171 Elm Street City Lino Lakes State /Zip Code MN 55014 County Anoka Name of chief executive officer (CEO) First name Last name Timothy Morin Daytime phone number of CEO 651- 784 -3015 Name of treasurer First name Last name Ronald Rausch Daytime phone number of treasurer: 763 -780 -2128 Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal [3 Religious ❑ Veteran ❑ Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization X7 Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) St. Joseph Parish Address (do not use PO box) 171 Elm Street City Lino Lakes State /Zip Code MN 55014 County Anoka Date(s) of activity (for raffles, indicate the date of the drawing) August 10 & 11 Check the box or boxes that indicate the type of gambling activity your organization will be conducting: not exceed $12,000) QX *Paddlewheels Tri *Pull -Tabs *Tipboards from a licensed distributor. MI *Bingo 1,71 9 Raffles (cash prizes may *Equipment for these activities must be obtained This form will be made available in alternative format (Le. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. 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 permit. If you supply the information requested, the Board will be able to process your application. Your name and and your organization's 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 permit. When the Board issues your permit, all of the information that you have provided to the Board in the process of applying for your permit will become public. If the Board does not issue you a permit, all the information you have provided in the process of applying for a permit remains private, with the exception of your name and your organization's 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. • LG220 - Application for Exempt Permit Organization Name Page 2of2 3/01 Local Unit of Government Acknowledgment If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. Check the action that the city is taking on this application. 0 The city approves the application with no waiting period. ❑ The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). The city denies the application. Print name of city (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. On behalf of the county, I acknowledge this application. Check the action that the county is taking on this application. nThe county approves the application with no waiting period. El The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. The county denies the application. Print name of county (Signature of county personnel receiving application) Title Date TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) Title Date_____/ Chief Executive Officer's Signature The information provided in this applic is complete and accurate tp the best of my knowledge. Chief executive officer's signature Name (please print) Timothy J Morin Date 5` / 424L/ o?_ Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota "). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government or has been denied, do not send the application to the Gambling Control Board. °orm No. 234 -State form 109 BUSINESS RECORDS CORPORATION. MINNESOTA STATE OF MINNESOTA • Combination Application for Retailer's (On -Sale) (Off -Sale) 3.2 Beer To the City of Lino Lakes (Name of licensing authority (county) (city) County of Anoka 1, St. Joseph Parish , of the city, or town of Lino Lakes of Anoka State of Minnesota, hereby make application for a Retailer's ( n -Sale fj- -Sale) 3.2 Beer License to sell such 3.2 Beer under and to an ordinance (resolution) passed by city cou 'l, ty board of, pursuant and Chapter 340, Minnesota Statutes 1945, as amended, providing for licensing and regulating the sale of 3.2 Beer. During the five years, my residence has been as follows: past 1 was born at 174, ..,." .a� 1 am a (native) (naturalized) citizen of the United States. 1 am married. My (wife's) (husband's) name and address is 1 am proprietor. Firm was incorporated 1891 in the state of Minnesota Corporation is authorized to do business in Minnesota. License is for 171 Elm Street (street) (highway) located as follows: The license will be in connection with Ang2,71- 17A 1,.. L'Pnti which has been in operation 110 years _ . Years e establishment is located on the 1 qt floor. business premises are owned by St .m ph Pari qh The taxes on the property are not delinquent. 1 am not engaged in the retail sale of intoxicating liquor. 1 have not had an application for license rejected as follows: 1 have never been convicted of a felony nor of violating any National or state liquor law or local ordinance relating to the manufacture, sale or transportation, or possession for sale or transportation of intoxicating liquor. Gambling or gambling devices will not be permitted on the licensed premises. 1 am the owner of the leasehold, furniture, fixtures, and equipment in the premises for which the license is applied, except N/A 1 have no intention or agreement to transfer the license to another person. 'submit the following names of persons, including a bank, for reference, with whom 1 have had business relations as follows: 1 intend to engage in the sale of intoxicating liquor and will have a Federal Occupational Tax Receipt in accordance with the ordinance governing this license. My Federal Tax Stamp Receipt is No 1 will comply strictly with the provisions of the ordinance relating to the sale of soft drinks for "mixing" purposes and will serve patrons in full view of the public. 1 agree to waive my Constitutional Rights against search and seizure and will freely permit peace officers to inspect my premises and agree to the forfeiture of my license if found to have violated the provisions of the ordinance (resolution) providing for the granting of this license. 1 hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge and that 1 agree to comply with all the provisions of the ordinance under which this license is granted. p Subscribed and sworn to before me this ,)LI .I� GA 41,, .. 0 • �%-x-+%.,,,.. -� ` /v day of I i I AL1 , q'7 cc, 73 APplidant s Signature s ',, \,:) c.1 - lci cg c-� Note: Licenses may be issued only to persons who are citizens of the United States and who are of good moral character and repute, who have attained the age of 21 years and who are proprietors of the establishment for which the licenses are issued. Laws 1949, c. 700. • Staff Originator: Date: Topic: Votes Required: Background Agenda Item — 1D Ann J. Blair, City Clerk June 24, 2002 Consider Request from Target Corporation for an off -sale 3.2 beer license for the SuperTarget store opening in the Lino Lakes Village in July, 2002 Simple Majority (3/5) Staff has received an application from the Target Corporation for an off -sale 3.2 beer license for the SuperTarget store which is currently under construction in the Lino Lakes Village area. The store is scheduled to open the third week in July, 2002. • Currently, our Code allows for an unlimited number of off -sale 3.2 beer licenses. This • application is complete and the investigation fees have been received. Detective Matt Vana has completed the required background investigation and reported that there is no information which would lead to a recommendation of denial of the license. City Attorney Barry Sullivan and myself have had conversations with Target's legal department to insure that this intended use would be in compliance with both City Code and State Statutes. Approval of this item is recommended. Resolution No. 02 -68 approves the requested off - sale 3.2 beer license. Options 1. Motion to Approve Resolution No. 02 -68. 2. Motion to Deny Resolution No. 02 -68. Recommendation Option 1. • CITY OF LINO LAKES RESOLUTION NO. 02-68 APPROVING 3.2 BEER OFF -SALE LICENSE FOR SUPERTARGET STORE, LINO LAKES VILLAGE WHEREAS, the City Council of the City of Lino Lakes met at its regularly scheduled meeting on June 24, 2002, and; WHEREAS, the Lino Lakes City Council discussed approval of a 3.2 beer off -sale license for the SuperTarget Store in the Lino Lakes Village, which is scheduled to open in July, 2002, and; WHEREAS, the City of Lino Lakes has conducted an investigation of the Target Corporation, and; WHEREAS, the Target Corporation is in compliance with City Ordinance, and; • WHEREAS, the Target Corporation 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 3.2 beer off -sale license for the SuperTarget Store located in the Lino Lakes Village, Adopted by the Lino Lakes City Council this day of , 2002. ATTEST: Ann J. Blair, City Clerk • John Bergeson, Mayor • • • AGENDA ITEM 3A STAFF ORIGINATOR Al Rolek MEETING DATE June 24, 2002 TOPIC Consideration of Resolution 02 -60 Awarding the Sale of $645,000 G.O. Improvement Bonds, Series 2002A and 02 -61 Awarding the Sale of $2,110,000 Taxable G.O. Improvement Bonds, Series 2002B VOTE REQUIRED BACKGROUND Simple Majority (3/5) On May 13 the City Council approved Resolution 02 -41 providing for the issuance and sale of $2,730,000 G.O. Improvement Bonds, Series 2002A. The proceeds of this bond issue are needed to finance public improvement projects for Lake Drive /Apollo Drive, Twilight Acres Sanitary Sewer and West Shadow Ponds Street and Utilities. Since that time it has been determined by bond counsel that the Lake Drive /Apollo Drive Improvements do not qualify for tax - exempt financing due to the terms of the City Charter. Therefore, the original proposal has been broken into two issues, a $645,000 tax - exempt issue and a $2,110,000 taxable issue. The date of the sale has been set for June 24, 2002, with consideration for award by the City Council at it's meeting the same day. Bids have been received and tabulated by our financial advisor, Springsted, Inc., and they will report the results of the bidding and provide a recommendation for the award of bids to the City Council this evening. Staff recommendation is for the City Council to approve, in separate actions, Resolutions 02 -60 and 02 -61 Awarding the Sale of $645,000 G.O. Improvement Bonds, Series 2002A and $2,110,000 Taxable G.O. Improvement Bonds, Series 2002B, respectively. OPTIONS 1. Adopt Resolutions 02 -60 and 02 -61 in separate motions. 2. Refer to Staff for further review. 3. Deny Resolution 02 -60 and 61. RECOMMENDATION Option 1 • • ® Option 1 AGENDA ITEM 3A STAFF ORIGINATOR Al Rolek MEETING DATE June 24, 2002 TOPIC Consideration of Resolution 02 -60 Awarding the Sale of $645,000 G.O. Improvement Bonds, Series 2002A and 02 -61 Awarding the Sale of $2,110,000 Taxable G.O. Improvement Bonds, Series 2002B VOTE REQUIRED BACKGROUND' Simple Majority (3/5) On May 13 the City Council approved Resolution 02 -41 providing for the issuance and sale of $2,730,000 G.O. Improvement Bonds, Series 2002A. The proceeds of this bond issue are needed to finance public improvement projects for Lake Drive /Apollo Drive, Twilight Acres Sanitary Sewer and West Shadow Ponds Street and Utilities. Since that time it has been determined by bond counsel that the Lake Drive /Apollo Drive Improvements do not qualify for tax - exempt financing due to the terms of the City Charter. Therefore, the original proposal has been broken into two issues, a $645,000 tax - exempt issue and a $2,110,000 taxable issue. The date of the sale has been set for June 24, 2002, with consideration for award by the City Council at it's meeting the same day. Bids have been received and tabulated by our financial advisor, Springsted, Inc., and they will report the results of the bidding and provide a recommendation for the award of bids to the City Council this evening. Staff recommendation is for the City Council to approve, in separate actions, Resolutions 02 -60 and 02 -61 Awarding the Sale of $645,000 G.O. Improvement Bonds, Series 2002A and $2,110,000 Taxable G.O. Improvement Bonds, Series 2002B, respectively. OPTIONS 1. Adopt Resolutions 02 -60 and 02 -61 in separate motions. 2. Refer to Staff for further review. 3. Deny Resolution 02 -60 and 61. RECOMMENDATION • • • Extract of Minutes of Meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Lino Lakes, Minnesota, was duly held in the City Hall in said City on Monday, June 24, 2002, commencing at 6:30 o'clock P.M. The following members were present: and the following were absent: * * * The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's $645,000 General Obligation Improvement Bonds, Series 2002A. The City Administrator presented a tabulation of the proposals that had been received in the manner specified in the Terms of Proposal for the Bonds. The proposals were as set forth in Exhibit A attached. After due consideration of the proposals, Member then introduced the following written resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: DJG- 215844v1 LN 140 -78 • • • RESOLUTION NO. 02 -60 A RESOLUTION AWARDING THE SALE OF $645,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2002A FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. It is hereby determined that: (a) the following assessable public improvements (the Improvements) have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of the City's home rule charter and Minnesota Statutes, Chapters 429 and 475 (collectively, the Act); Project Designation & Description: Total Project Cost Total Project Costs $740,0078 Less: Community Development Block Grant (125,000) Plus: Capitalized Interest 13,430 Costs of Issuance 8,500 Allowance for Discount Bidding 8,063 Total Series 2002A Bond Issue $645,000 (b) it is necessary and expedient to the sound financial management of the affairs of the City to issue $645,000 General Obligation Improvement Bonds, Series 2002A (Bonds) pursuant to the Act to provide financing for the Improvements. 1.02. The proposal of (Purchaser) to purchase $645,000 General Obligation Improvement Bonds, Series 2002A (Bonds) of the City described in the Terms of Proposal thereof is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: DJG- 215844v1 LN 140 -78 • Year of Interest Year of Interest Maturity Rate Maturity Rate 2004 2009 2005 2010 2006 2011 2007 2012 2008 2013 True interest cost: 1.03. The sum of $ being the amount proposed by the Purchaser in excess of $636,938 will be credited to the Debt Service Fund hereinafter created. The City Finance Director is directed to deposit the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Administrator are directed to execute a contract with the Purchaser on behalf of the City. 1.04. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, • Chapter 429 (Act) in the total principal amount of $645,000, originally dated July 1, 2002, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R -1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount 2004 $95,000 2009 $25,000 2005 95,000 2010 25,000 2006 100,000 2011 25,000 2007 110,000 2012 30,000 2008 110,000 2013 30,000 1.05. Optional Redemption. The City may elect on February 1, 2008, and on any day thereafter to prepay Bonds due on or after February 1, 2009. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. [1.06. Term Bonds. To be completed if Term Bonds are requested by the Purchaser.] Section 2. Registration and Payment. DJG- 215844v1 LNI40 -78 • • • 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2003, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no DJG- 215844v1 LN 140 -78 • liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is DJG- 215844v1 LN 140 -78 • • • authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Administrator will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds will be printed or typewritten in substantially the following form: DJG- 215844v1 LN140 -78 • [Face of the Bond] No. R- $ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2002A Date of Rate Maturity Original Issue July 1, 2002 Registered Owner: Cede & Co. CUSIP The City of Lino Lakes, Minnesota, a duly organized and existing municipal corporation in Anoka County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 2003, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2008, and on any day thereafter to prepay Bonds due on or after February 1, 2009. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify Depository Trust Company (DTC) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for DJG- 215844vI LN I40 -78 financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. This Bond is one of an issue in the aggregate principal amount of $645,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on June 24, 2002 (the Resolution), for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapters 429 and 475, and the principal hereof and interest hereon are payable primarily from special assessments against property specially benefited by local improvements, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. DJG- 215844v1 LN 140 -78 • • • IN WITNESS WHEREOF, the City of Lino Lakes, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Administrator and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF LINO LAKES, MINNESOTA (Facsimile) (Facsimile) City Administrator Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION By Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, will be constructed as though they were written out in full according to applicable laws or regulations: DJG- 215844v1 LN 140 -78 • TEN COM -- as tenants in common TEN ENT -- as tenants by entireties JT TEN -- UNIF GIFT MIN ACT Custodian as joint tenants with right of survivorship and not as tenants in common (Cust) (Minor) under Uniform Gifts or Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ( "STAMP "), the Stock Exchange Medallion Program ( "SEMP "), the New York Stock Exchange, Inc. Medallion Signatures Program ( "MSP ") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. DJG- 215844v1 LN140 -78 • • Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Signature of Registered Owner Officer of Registrar Cede & Co. Federal ID #13- 2555119 3.02. The City Administrator is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on or accompany each Bond. DJG- 215844v1 LN 140 -78 • Section 4. Payment; Security; Pledges and Covenants. 4.01. (a) The Bonds are payable from the Improvement Bonds, Series 2002A Debt Service Fund (Debt Service Fund) hereby created, and the proceeds of special assessments (Assessments) levied or to be levied for the improvements described in Section 1.01 (Improvements) financed by the Bonds are hereby pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Finance Director is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for the advances out of the proceeds of Assessments when collected. There is appropriated to the Debt Service Fund (i) capitalized interest financed from Bond proceeds, if any, (ii) any amount over the minimum purchase price paid by the Purchaser, and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds. (b) The proceeds of the Bonds, less the appropriations made in paragraph (a), together with any other funds appropriated for the Improvements and Assessments collected during the construction of the Improvements will be deposited in a separate construction fund (which may contain separate accounts for each Improvement) to be used solely to defray expenses of the Improvements and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Improvement. Any balance remaining in the construction fund after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted under the Act. When the Improvements are completed and the cost thereof paid, the construction account is to be closed and subsequent collections of Assessments for the Improvements are to be deposited in the Debt Service Fund. 4.02. It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 2003 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assessments, the City Council will levy ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, Assessments levied DJG- 215844v1 LN140 -78 • therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.03. It is hereby determined that the estimated collections of Assessments and interest thereon for payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.04. The City Administrator is authorized and directed to file a certified copy of this resolution with the Manager of Property Records and Taxation of Anoka County and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records • of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 5.02. The Mayor, City Administrator and Finance Director are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 6. Tax Covenant. 6.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for DJG- 215844v1 LN 140 -78 • investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 2002) exceed the small- issuer exception amount of $5,000,000. (b) For purposes of qualifying for the small- issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax - exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued is not reasonably expected to exceed $5,000,000, within the meaning of Section 148(f)(4)(C) of the Code. 6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. In order to qualify the Bonds as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: • Code; • (a) the Bonds are not "private activity bonds" as defined in Section 141 of the (b) the City hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax - exempt obligations (other than any private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2002 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2002 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book -Entry System; Limited Obligation of City. 7.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. DJG- 215844v1 LN140 -78 • 7.02. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (Representation Letter) which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book -Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond DJG- 215844v1 LN 140 -78 • • • Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 8.02. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. DJG- 215844v1 LN 140 -78 • • • The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. DJG- 215844v1 LN 140 -78 • • • STATE OF MINNESOTA ) COUNTY OF ANOKA ) SS. CITY OF LINO LAKES ) I, the undersigned, being the duly qualified and acting City Administrator of the City of Lino Lakes, Anoka County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on June 24, 2002 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $645,000 General Obligation Improvement Bonds, Series 2002A of the City. WITNESS My hand officially as such City Administrator and the corporate seal of the City this day of , 2002. (SEAL) DJG- 215844v1 LN 140 -78 City Administrator Lino Lakes, Minnesota • • • STATE OF MINNESOTA COUNTY OF ANOKA MANAGER OF PROPERTY RECORDS AND TAXATION'S CERTIFICATE AS TO REGISTRATION WHERE NO AD VALOREM TAX LEVY I, the undersigned Manager of Property Records and Taxation of Anoka County, Minnesota, hereby certify that a resolution adopted by the City Council of the City of Lino Lakes, Minnesota, on June 24, 2002, relating to General Obligation Improvement Bonds, Series 2002A, the amount of $645,000, dated July 1, 2002, has been filed in my office and said obligations have been registered on he register of obligations in my office. WITNESS My hand and official seal this day of , 2002. (SEAL) DJG- 215844v1 LN 140 -78 Manager of Property Records and Taxation Anoka, County, Minnesota Deputy • • • Extract of Minutes of Meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Lino Lakes, Minnesota, was duly held in the City Hall in said City on Monday, June 24, 2002, commencing at 6:30 o'clock P.M. The following members were present: and the following were absent: * ** The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's $2,110,000 Taxable General Obligation Improvement Bonds, Series 2002B. The City Administrator presented a tabulation of the proposals that had been received in the manner specified in the Terms of Proposal for the Bonds. The proposals were as set forth in Exhibit A attached. After due consideration of the proposals, Member then introduced the following written resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: DJG- 215891v1 LN140 -78 • • • RESOLUTION NO. 02 -61 A RESOLUTION AWARDING THE SALE OF $2,110,000 TAXABLE GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2002B FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. It is hereby determined that: (a) the following assessable public improvements (the Improvements) have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of the City's charter and Minnesota Statutes, Chapters 429 and 475 (collectively, the Act); Project Designation & Description: Total Project Cost Total Project Costs $2,198,588 Less: Additional Funds (202,339) Plus: Capitalized Interest 65,541 Costs of Issuance 25,000 Allowance for Discount Bidding 23,210 Total Series 2002B Bond Issue $2,110,000 (b) it is necessary and expedient to the sound financial management of the affairs of the City to issue $2,110,000 Taxable General Obligation Improvement Bonds, Series 2002B (Bonds) pursuant to the Act to provide financing for the Improvements. 1.02. The proposal of (Purchaser) to purchase $2,110,000 Taxable General Obligation Improvement Bonds, Series 2002B (Bonds) of the City described in the Terms of Proposal thereof is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: DJG- 215891v1 LN 140 -78 • Year of Interest Year of Interest Maturity Rate Maturity Rate 2004 2009 2005 2010 2006 2011 2007 2012 2008 2013 True interest cost: 1.03. The sum of $ being the amount proposed by the Purchaser in excess of $2,086,790 will be credited to the Debt Service Fund hereinafter created. The City Finance Director is directed to deposit the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Administrator are directed to execute a contract with the Purchaser on behalf of the City. 1.04. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Chapters 429 and 475 (Act) in the total principal amount of $2,110,000, originally dated July 1, • 2002, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R -1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: • Year Amount Year Amount 2004 $170,000 2009 $215,000 2005 175,000 2010 225,000 2006 185,000 2011 235,000 2007 190,000 2012 250,000 2008 200,000 2013 265,000 1.05. Optional Redemption. The City may elect on February 1, 2007, and on any day thereafter to prepay Bonds due on or after February 1, 2008. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. [1.06. Term Bonds. To be completed if Term Bonds are requested by the Purchaser.] Section 2. Registration and Payment. DJG- 215891v1 LN 140 -78 • • • 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2003, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no DJG- 215891v1 LN 140 -78 • liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is DJG- 215891v1 LN 140 -78 • • • authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Administrator will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds will be printed or typewritten in substantially the following form: DJG- 215891v1 LN 140 -78 • • • [Face of the Bond] No. R- $ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES TAXABLE GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2002B Date of Rate Maturity Original Issue July 1, 2002 Registered Owner: Cede & Co. CUSIP The City of Lino Lakes, Minnesota, a duly organized and existing municipal corporation in Anoka County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 2003, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2007, and on any day thereafter to prepay Bonds due on or after February 1, 2008. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify Depository Trust Company (DTC) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. DJG- 215891v1 LN 140 -78 • • • This Bond is one of an issue in the aggregate principal amount of $2,110,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on June 24, 2002 (the Resolution), for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapters 429 and 475, and the principal hereof and interest hereon are payable primarily from special assessments against property specially benefited by local improvements, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. DJG- 215891v1 LN 140 -78 • • IN WITNESS WHEREOF, the City of Lino Lakes, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Administrator and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF LINO LAKES, MINNESOTA (Facsimile) (Facsimile) City Administrator Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION By Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, will be constructed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT in common TEN ENT -- as tenants by entireties • JT TEN -- as joint tenants with right of survivorship and not as tenants in common Custodian (Cust) (Minor) under Uniform Gifts or Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. DJG- 215891v1 LN 140 -78 • • • ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ( "STAMP "), the Stock Exchange Medallion Program ( "SEMP "), the New York Stock Exchange, Inc. Medallion Signatures Program ( "MSP ") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: DJG- 215891v1 LN 140 -78 (Include information for all joint owners if this Bond is held by joint account.) • • • Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Signature of Registered Owner Officer of Registrar Cede & Co. Federal ID #13- 2555119 3.02. The City Administrator is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 4.01. (a) The Bonds are payable from the Taxable Improvement Bonds, Series 2002B Debt Service Fund (Debt Service Fund) hereby created, and the proceeds of special assessments (Assessments) levied or to be levied for the improvements described in Section 1.01 (Improvements) financed by the Bonds are hereby pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Finance Director is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for the advances out of the proceeds of Assessments when collected. There is appropriated to the Debt Service Fund (i) capitalized interest financed from Bond proceeds, if any, (ii) any amount over the minimum purchase price paid by the Purchaser, and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds. (b) The proceeds of the Bonds, less the appropriations made in paragraph (a), together with any other funds appropriated for the Improvements and Assessments collected during the construction of the Improvements will be deposited in a separate construction fund (which may contain separate accounts for each Improvement) to be used solely to defray expenses of the Improvements and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Improvement. Any balance remaining in the DJG- 215891v1 LN 140 -78 • • construction fund after completion of the Improvements may be used to pay the cost in whole or in part of any other improvement instituted under the Act. When the Improvements are completed and the cost thereof paid, the construction account is to be closed and subsequent collections of Assessments for the Improvements are to be deposited in the Debt Service Fund. 4.02. It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 2003 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assessments, the City Council will levy ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, Assessments levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.03. It is hereby determined that the estimated collections of Assessments and interest thereon for payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.04. The City Administrator is authorized and directed to file a certified copy of this resolution with the Manager of Property Records and Taxation of Anoka County and to obtain the certificate required by Minnesota Statutes, Section 475.63. DJG- 215891v1 LN 140 -78 • • • Section 5. Authentication of Transcript. 5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 5.02. The Mayor, City Administrator and City Finance Director are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 6. Book -Entry System; Limited Obligation of City. 6.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 6.02. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge DJG- 215891v1 LN 140 -78 • • the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 6.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (Representation Letter) which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. 6.04. Transfers Outside Book -Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 6.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 7. Continuing Disclosure. 7.01. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. DJG- 215891v1 LN 140 -78 • • • 7.02. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. DJG- 215891v1 LN 140 -78 • • • STATE OF MINNESOTA ) COUNTY OF ANOKA ) SS. CITY OF LINO LAKES ) I, the undersigned, being the duly qualified and acting City Administrator of the City of Lino Lakes, Anoka County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on June 24, 2002 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $2,110,000 Taxable General Obligation Improvement Bonds, Series 2002B of the City. WITNESS My hand officially as such City Administrator and the corporate seal of the City this day of , 2002. (SEAL) DJG- 215891v1 LN 140 -78 City Administrator Lino Lakes, Minnesota • • STATE OF MINNESOTA COUNTY OF ANOKA MANAGER OF PROPERTY RECORDS AND TAXATION'S CERTIFICATE AS TO REGISTRATION WHERE NO AD VALOREM TAX LEVY I, the undersigned Manager of Property Records and Taxation of Anoka County, Minnesota, hereby certify that a resolution adopted by the City Council of the City of Lino Lakes, Minnesota, on June 24, 2002, relating to Taxable General Obligation Improvement Bonds, Series 2002B, the amount of $2,110,000, dated July 1, 2002, has been filed in my office and said obligations have been registered on he register of obligations in my office. WITNESS My hand and official seal this day of , 2002. (SEAL) DJG- 215891v1 LN 140 -78 Manager of Property Records and Taxation Anoka, County, Minnesota Deputy • • • AGENDA ITEM 4A STAFF ORIGNINATOR: Jean Viger, Deputy Clerk MEETING DATE: June 24, 2002 TOPIC: Authorizing & Pledging Support for Voting Equipment Grant Application VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: A Voting Equipment Grant Account was created in the state treasury to provide grants to political subdivisions in Minnesota for the purchase of precinct based optical scan ballot tabulation equipment. The grant would provide for one -half the cost of a new voting system. In March of 2000, the city purchased six Accu- Votes, one for each precinct. However, the voting equipment grant is an opportunity for the City to purchase a "back -up" for that election day when a system breaks down. The cost of an Accu -Vote system is $4883.00. The amount of grant request is $2441.50 with the city paying the remaining $2441.50 out of the General Fund, if the city is selected for the program. Applications for this grant are due to the Secretary of State's Office no later than the close of business on Friday, June 28, 2002. Attached is a copy of the grant application and the resolution of support that is required to accompany the application. OPTIONS: 1. Approve Resolution No. 02 -62 2. Deny Resolution No. 02 -62 RECOMMENDATION: Option 1 • • • COUNTY OF ANOKA CITY OF LINO LAKES RESOLUTION NO. 02 -62 A RESOLUTION AUTHORIZING & PLEDGING SUPPORT FOR A VOTING EQUIPMENT GRANT APPLICATION WHEREAS, Jean Viger is authorized to submit an application for a voting equipment grant on behalf of The City of Lino Lakes, and WHEREAS, this application must be completed in accordance with Minnesota Statutes 204B.48, and submitted in accordance with the instruction provided by the Secretary of State and the Department of Administration, and WHEREAS, the City of Lino Lakes pledges to act to appropriate and expend funds in an amount sufficient to match any grant awarded as a result of this application and in a timely manner to implement the election administrator training and voter education schedule set forth in the application NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Lino Lakes authorizes and pledges support for the voting equipment grant application. Approved by the City Council of the City of Lino Lakes this 24th day of June, 2002. ATTEST: Ann J. Blair, City Clerk John J. Bergeson, Mayor • H y 4 o o .. n 0 B O I CD v) c/)~ CD ; q 4 tt r-p- g tA O O OI °° O co C) H I1 t DEADLINE FOR SUBMISSION: JUNE 28, 2002 NOI,LdDI'Iddd 0441 ap(13 11/1V.ID Voting Equipment Grant Account • N Title of individual completing this application: Deputy Clerk /Election Liaison Name of individual completing this application: za2'A uuar w Name of the County (s) in which the political subdivision resides in: 0 :uoisTATpgnS pomod Jo mum 'Z sa )Ju7 ouT7 30 ( :TD Date Application Was Submitted: :suolisana uoisNDizaaV See last page of this document for contact information. C b o b el) O ►t b n 0 1:1 O A 1Th O AD "'t eD et et- ft Cl. rD O A ,,,-i• e a ►n r* IS c� �. n .. Fir, V) p a O n 0 y 01 CD C �' oft 04 g 0 y IM. C 4 = y a el, n A O itz C' O fr* tD CT R' `. cip cn AD o p n I D tD AZ 0 OC: CA b E. ,-t- n a� ry 4 r.t 04 b n p p O p• .1 y eD eD : b a co CD °. 1.0 et- fa A O iv O n A� a. 0 AD O C D M C' O scow nitsui lnaauao • • • 11. Indicate the total cost of each optical scan system identified in Question #6: Back —up Precinct 6 Precinct 5 Precinct 4 Precinct 3 Precinct 2 Precinct 1 m g 2 LA -. / (' - g. §' § / ) f ,Z ° I'd p\ 7 \ I � k 2 J \ / \ \ / l 9 i 14 n - o co m 2 cm , m n § n ƒ ƒ\\ ( E{ . 0. - March, 2000 March, 2000 March, 2000 March, 2000 March, 2000 March, 2000 7. Indicate the acquisition date for each precinct currently using an optical scan equipment system (either central count or precinct based). Global Accu —Vote Global Accu —Vote Global Accu —Vote Global Accu —Vote Global Accu —Vote Global Accu —Vote 8. Indicate the equipment make and model number(s) for those precincts currently using optical scan equipment (e.g. Global Accu- Vote, ES &S Optec IIIP Eagle) New (Redistricting) New (Redistricting) N.) = u — e u u e u u _ --- « « 9. Indicate the number of registered voters in each precinct, as of the date of this application based on the information contained in the statewide voter registration system, VEMS. * 00 E § « 2 g • . /,q = /e & \ 2k k . - 1ju•3 R • • • N O co co CD O C/2 0 r+• cn 0 O0 0 `L3 cD co •J 0 CA CA cD y 0 'C3 N 0 cr cD a 0 co co 19. Total number of voting equipment units requested: 18. Total number of registered voters in the precincts that may receive the equipment: w W W 17. Total number of registered voters in the political subdivision (total of column # 9 above): L In Will this voting system permit individuals with disabilities to cast a secret ballot? 0 aloe -none TQgoTo 15. Type, make, and model of voting system to be acquired with the grant money: pund TE.zauaD 13. Total amount of the political subdivision's money to be used to match a grant from the Voting Equipment Grant Account: 12. Total amount of grant request: N W o `C :4. N t\..) O p °� ,,,,_,L-I. r . :ii) do d O a d ` `0 W . • m ~' 0 n a ° A, k LC SID C] cil cn ' O 1-h •.., O O . rn pa G G" H o it .1 pp '0 '0 ' a A z 'd . ti z a d C0 .0 'v ' o ' 0,° p at) on o O o O aC !" 0 P � �' o ° G - 5"'. o g m ° 0 m a ba o c w m ` o m o 0 ". • o, cu 'Li 4. N C ° 0 0 G� O `r• Cr; -, H`E p n kC �t 9 UQ En P et u) 0 0-ID C . �� C) UQ UQ O O c m C m (D° O rt CZ. v� W cD rt G F,� • O•� • sv a c._. • • 5 • •� n �� P. O `C cn p. ro O (la o N N N in `C 0 . a Iv m 0 5. 0 O D (Xi " „4 C q ° UP Q. 113 SID cn Q a° m �� R, • o, CA a� n w 0 '• 0q ,i � 0 � . n SDD �. �D .. F 0 G 'L' O G. cn ,.n .1 'b rt 0 SID p 0 0 O o - S O h Q 3' v. U0., to Es � C .a oo �, o m rt . • H ° w O a w •CD a' n to �. 'P -� c� Pro O Uo N. 0 d ,- p3 0 p W < 0 ; O p. 4. Grt O m o.... iv A p- rD CD 9 a o 6.Q co cn n .-t. p U N rt n �C `C `ti N j ~ .. r. i1 1-1 CD E G cc; NG • n `C O Ai 5t SD• 0 0 rt N Hs Cp G CD cD r* H- o tii • i A gl 0 vi ✓ O O 4 LETELY ANSWERED. An unanswered question will result in the b 'y co y ti ' co co Z, CO CO CO rA A j' . 0.c) ���•o � j t �. . • E-1.e� • CI tg Z. CO • Z CO • A CO - M C 0 A Ota A 0.-- aA n o' Q 0 o co A A co co ht• .1 � / n co `v A. co. A CO A Ow CZ o, A, N Q b LA C°1 O A NrrD go co o S. ar O p,• "'" A Cr O • H. O Cr A - O cq A ti A H. :uoitEo plaD 'LZ 26. Attach a resolution of support and level of funding for this application by the political subdivision making the application. 25. Has the political subdivision previously applied for this grant? • • • AGENDA ITEM NO. 6A STAFF ORIGINATOR: Rick DeGardner, Public Services Director COUNCIL MEETING DATE: June 24, 2002 TOPIC: Consideration of Receiving Bids and Awarding Timberwolf Trail Project VOTE REQUIRED: Simple Majority BACKGROUND: This trail project is located at the end of Timberwolf Trail and will provide a connection for residents in the Pheasant Hills Development to the Regional Park Trail system. City staff reviewed the project on -site with three contractors. On Friday, June 7, 2002 bids were opened for the Timberwolf Trail Project. Bids were submitted as follows: T.A. Schifsky and Sons Inc. $33,966 Arcade Asphalt $37,750 Buck Blacktop No Bid Based on the bids received, staff recommends awarding the Timberwolf Trail Project to T.A. Schifsky and Sons Inc. for a base bid of $33,966. The scheduled final completion date is July 12, 2002. The funding for this project is the Dedicated Parks Fund. This project was approved by the City Council as a component of the Park Board's 2001 Goals. OPTIONS 1. Receive bids and award Timberwolf Trail Project to T.A. Schifsky and Sons Inc. for a base bid in the amount of $33,966. 2. Do not accept bids and do not award contract. RECOMMENDATION: Option 1 6/18/02 RD/Trails/Timberwolf trail council award • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 7A Michael Grochala June 24, 2002 Consideration of Resolution No. 02 -64 Approving Raske Building Systems Site Improvement Performance Agreement VOTE REQUIRED: 3/5 BACKGROUND: The City Council approved the Site and Building Plans for Raske Building Systems, with conditions per Resolution No. 02 -58 on June 10, 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. A special assessment agreement for the previously installed Apollo Drive Improvements in the amount of $60,911.86. 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. Raske Building Systems has reviewed the agreement and is aware of the conditions setforth. OPTIONS: 1. Approve Resolution No. 02 -64 2. Do not authorize execution of the agreement. 3. Return to staff for further consideration. • CITY OF LINO LAKES RESOLUTION NO. 02-64 RESOLUTION APPROVING RASKE BUILDING SYSTEMS SITE IMPROVEMENT PERFORMANCE AGREEMENT WHEREAS, the Site and Building Plan Review for Raske Building Systems was approved with Resolution No. 02 -58 by the City Council on June 10, 2002, 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 Raske Building Systems and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this 24th day of June, 2002. ATTEST: Ann Blair, City Clerk • John J. Bergeson, Mayor • • • RECOMMENDATION: Option 1. ATTACHMENTS 1. Resolution No. 02 -64 2. Performance Agreement 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 Raske Building Systems whose address is 240 South Milky Way, Cosmos, Minnesota 56228, 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 10th day of June, 2002 by Resolution No. 02 -58, attached hereto as 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 approved Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property") described as follows: Exhibit B NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: THE WORK Development Plans The Developer shall submit to the City for review and approval a Final Development Plan set and specifications hereinafter called the "Development Plans" for the Development Property. Such Development Plans shall be in general conformance 06/19/02 1 Raske Agreement • with approved Plans with the modifications as set forth in Resolution No. 02 -58 approved • • by the City on June 10, 2002. Such Development Plans shall include: A. Site Plan B. Landscaping Plan C. Erosion and Grading Plan D. Utility Plan E. Lighting Plan F. Building Elevations G. Lighting, Landscaping and Civil details and specifications All of the above - referenced Development Plans must be approved by the City prior to their implementation. Once approved, the Developer shall develop the Development Property in substantial accordance with said approved Final Plans. 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 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. 06/19/02 2 Raske Agreement • Estimated Cost of Developer's Improvements, and description are as follows: • • Description of Improvements Estimated Costs 1. Lighting $11,000.00 2. Fences /Screen Structures $1,000.00 3. Trash Disposal Enclosures $3,500.00 4. Curbing/Islands/Delineators $8,800.00 5. Storm Drainage System/ Sewers/ Catch Basins /Culverts /Swales $4,700.00 6. Driveway /Curbcut/Parking Lot/Fire Lane Construction $90,700.00 7. Watermains/Hydrants /Sanitary Sewers $17,400.00 8. Landscaping $12,500.00 9. Site Grading $15,800.00 10. Erosion Control $9,500.00 Total Estimated Cost of Developer Improvements $174,900.00 Security Requirement (Total x .35) $61,215.00 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 reapplication and approval of site and building plans shall be required unless an extension is granted by the City. 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 06/19/02 3 Raske Agreement • • • 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. SPECIAL ASSESSMENTS The City will levy Special Assessments against the Property in the principal amount of $60,911.86, as set forth in Exhibit C for the Public Improvements which have been constructed and which benefit the Property. All special assessments levied hereto shall be payable over a term of 10 years in semi - annual installments of principal and interest at a rate of 8% per annum and shall be certified to the Anoka County Auditor for collection with the Real Estate Taxes. The Developer waives any and all procedural and substantive objections to the special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the Property. 06/19/02 4 Raske 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. Site Plan Review $1,091.00 2. Administration (Planning, Engineering, Legal, etc.) $2,000.00 Total Estimated (Budget) Costs for Escrow Account $3,091.00 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. 06/19/02 5 Raske 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 06/19/02 6 Raske 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. 06/19/02 7 Raske 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. VIOLATIONSBUILDING 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 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. 06/19/02 8 Raske Agreement • • DEVELOPER CITY OF LINO LAKES By Developer Mayor A I EST: By Clerk 06/19/02 9 Raske Agreement 410 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 This instrument was drafted by: William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, MN 55303 06/19/02 10 Raske Agreement CITY OF LINO LAKES RESOLUTION NO. 02-58 RESOLUTION APPROVING SITE AND BUILDING PLANS FOR AN OFFICE/WAREHOUSE FACILITY WHEREAS, the City has received an application for site and building plan approval for a 25,568 square foot office /warehouse facility; and WHEREAS, the legal description of the property is: (see attachment A: legal description of Parcel F) and WHEREAS, the site and building plan approval request is based on the following plans prepared by Metro Land Surveying and/or Haugen Architecture Inc. and related correspondence: Sketch and Description Plan dated 4/8/02 Site Plan dated 5/31/02 Landscape Plan dated 5/31/02 Preliminary Erosion and Grading Plan dated 4/4/02 Preliminary Utility Plan dated 4/4/02 Floor Plan dated 5/31/02 Building Elevations dated 5/31/02 Lighting Plan dated 4/23/02 Environmental Board Comments dated 4/30/02 City Engineer memo dated 6/6/02 Fire Chief memo dated 5/16/02 and WHEREAS, at their meeting on May 8, 2002, the Planning & Zoning Board considered the site and building plan application and recommended approval subject to the conditions listed in the meeting minutes; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the site and building plan subject to the following conditions: 1. The trash shall be completely enclosed and walls of the attached trash enclosure shall be constructed of materials that match the principal building and shall be at least six feet in height. 2. All signage is subject to the sign ordinance requirements and shall require sign permits. 3. Outside storage (which includes the overnight parking of semi - trucks) shall not be allowed. 4. Downward directed, no spill lighting as submitted shall be used on site: the Sterner Executive 25 fixture is acceptable. 5. Revisions stated in the City Engineer's memo dated 6/6/02 shall be addressed to the City Engineer's satisfaction prior to approval of a performance agreement by the City Council. 6. A Rice Creek Watershed District permit must be issued prior to any site work or City building permit issuance. 7. The applicant must obtain any necessary permits from Anoka County. 8. Wetland seed mix shall be used in the pond area. 9. Prior to the commencement of any site work or issuance of building permit, the applicant shall enter into a performance agreement with the City and post all the necessary securities required by it. 10. No production of chemicals shall occur on the site without the appropriate inspection and approvals of the Fire Chief. Passed by the Lino Lakes City Council this 10th day of June 2002. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk Resolution No. 02 -58 Councilmember Carlson introduced Resolution No. 02 -58 and moved its adoption. The Council concurred with amendments to the Resolution. The motion for adoption of the foregoing resolution was duly seconded by Councilmember O'Donnell and upon vote being taken thereon, the following voted in favor thereof: Reinert, Dahl, Bergeson, Carlson & O'Donnell. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION OF RESOLUTION NO. 02 -58 STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF LINO LAKES ) I, the undersigned, being the duly qualified Deputy City Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Resolution No. 02 -58, as amended, 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. 02-58 APPROVING SITE AND BUILDING PLANS FOR AN OFFICE/WAREHOUSE FACILITY Witness my hand as said City Clerk and the Corporate Seal of the City this 20`}' day of June, 2002. Ann J. Blair (SEAL) • EXHIBIT B (Property Legal Description) 06/19/02 12 Raske Agreement • • • EXHIBIT C CITY OF LINO LAKES CALCULATION OF PROPERTY ASSESSMENTS - 2001 PROPERTY OWNER: P. I. NO.: ADDRESS: LEGAL DESCRIPTION: Raske Building Systems, Inc. Apollo Business Center PLAT: Frontage (feet): Average Width (feet): Average Depth (feet): Units of Service Assessed Area of Parcel (acres): Bisel Amendment: Sanitary Water Area Charge Unit Charge Front Footage Area Charge Unit Charge Front Footage Street Front Footage Storm Sewer Laterals F.F. Surface Water Management TOTAL ASSESSMENT NOTES: 299.19 299.19 298 1.0 1.87 Cost/Unit $2,203.00 $955.00 $33.00 $2,350.00 $1,541.00 $23.00 $45.00 $12.00 $0.075 Building Area: Lot Area: NOTES ON PARCEL AREA: TOTAL ADJUSTMENTS: Units Total Assessment Notes 1.87 $4,119.61 5 $4,775.00 299.19 $9,873.27 1.87 5 299.19 299.19 299.19 81,457 $4,394.50 $7,705.00 $6,881.37 $13,463.55 $3,590.28 $6,109.28 $60,911.86 Not included in the above are the following costs * SAC Charge payable to Metropolitan Council Water meter purchase from the City of Lino Lakes Construction costs to connect services to building Inspection permit fees Fund Summary - City use Only Area and Unit Charge Fund Bond Fund Surface Water Management Fund Other TOTAL 25556 s.f. 2 ac. 5/31/02 Page 1 Raske Bldg Sys- 5 -31 -02 • • CITY OF LINO LAKES RESOLUTION NO. 02-58 RESOLUTION APPROVING SITE AND BUILDING PLANS FOR AN OFFICE/WAREHOUSE FACILITY WHEREAS, the City has received an application for site and building plan approval for a 25,568 square foot office /warehouse facility; and WHEREAS, the legal description of the property is: (see attachment A: legal description of Parcel F) and WHEREAS, the site and building plan approval request is based on the following plans prepared by Metro Land Surveying and/or Haugen Architecture Inc. and related correspondence: Sketch and Description Plan dated 4/8/02 Site Plan dated 5/31/02 Landscape Plan dated 5/31/02 Preliminary Erosion and Grading Plan dated 4/4/02 Preliminary Utility Plan dated 4/4/02 Floor Plan dated 5/31/02 Building Elevations dated 5/31/02 Lighting Plan dated 4/23/02 Environmental Board Comments dated 4/30/02 City Engineer memo dated 6/6/02 Fire Chief memo dated 5/16/02 and WHEREAS, at their meeting on May 8, 2002, the Planning & Zoning Board considered the site and building plan application and recommended approval subject to the conditions listed in the meeting minutes; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the site and building plan subject to the following conditions: 1. The trash shall be completely enclosed and walls of the attached trash enclosure shall be constructed of materials that match the principal building and shall be at least six feet in height. • • • 2. All signage is subject to the sign ordinance requirements and shall require sign permits. 3. Outside storage (which includes the overnight parking of semi - trucks) shall not be allowed. 4. Downward directed, no spill lighting as submitted shall be used on site: the Sterner Executive 25 fixture is acceptable. 5. Revisions stated in the City Engineer's memo dated 6/6/02 shall be addressed to the City Engineer's satisfaction prior to approval of a performance agreement by the City Council. 6. A Rice Creek Watershed District permit must be issued prior to any site work or City building permit issuance. 7. The applicant must obtain any necessary permits from Anoka County. 8. Wetland seed mix shall be used in the pond area. 9. Prior to the commencement of any site work or issuance of building permit, the applicant shall enter into a performance agreement with the City and post all the necessary securities required by it. 10. No production of chemicals shall occur on the site without the appropriate inspection and approvals of the Fire Chief. Passed by the Lino Lakes City Council this 10`h day of June 2002. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor • AGENDA ITEM 7B STAFF ORIGINATOR: Michael Grochala COUNCIL MEETING DATE: June 24, 2002 TOPIC: Resolution No. 02 -55, Accepting Easements — Lake /Apollo Improvement Project. VOTE REQUIRED: Simple Majority BACKGROUND: As part of the Lake /Apollo Drive Improvement Projects permanent easements were needed for street and utility purposes at the southeast, southwest and northwest corners of the Lake Drive /Apollo Drive intersection. The easements were required to facilitate the placement of traffic signals and to accommodate the necessary turning radii at the intersection. • The easements have been provided to the city at no cost by the respective property owners, System Capital Real Property Corporation (McDonald's), Fast Break Comer Market, LLC and Community National Bank. Staff is recommending acceptance of the permanent easements for street and utility purposes. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 02 -55, accepting easements 3. Not adopt Resolution No. 02 -55 RECOMMENDATION: Option No. 2. ATTACHMENTS 1. Resolution 02 -55 2. Easement Exhibits • CITY OF LINO LAKES RESOLUTION NO. 02-55 RESOLUTION ACCEPTING PERMANENT EASEMENTS FOR STREET AND UTILITY PURPOSES — LAKE/APOLLO IMPROVEMENT PROJECT WHEREAS, permanent easements for street and utility purposes were needed at the southeast, southwest, and northwest corners of the Lake and Apollo Drive intersection to facilitate the street and traffic control installations for the Lake Drive/ Apollo Drive Improvement Project, and WHEREAS, Systems Capital Real Property Corporation (McDonald's), Fast Break Corner Market, LLC and Community National Bank, the respective property owners, have provided the City with said easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That such easements are hereby accepted by the City of Lino Lakes and the City • Clerk is authorized to execute the easements on behalf of the City. Adopted by the Lino Lakes City Council this 24th day of June, 2002. Ann Blair, City Clerk • John J. Bergeson, Mayor i4P CITY OF LINO LRKE5 651 982 2499 / M 0,4:1:0 Rol ACQUISITION PARCEL (450 SF) s N 7 60 fdD 100 504X u nirr EXHIBIT "A" RIGHT—OF WAY ACQUISITION Lot 1, Block 1, Lino Lakes Cowl. Devele LINO LAKES, MINNESOTA COMM. NC. 12426 -01 TOTAL P.93 EXHIBITA QUISITION // "'PARCEL ‘' 446 SF) 1 r r r r� STA EXHIBIT "A" RIGHT -OF WAY ACQUISITION Part of Lots 11 & 12, Auditors Subd. No. 134 LINO LAKES, MINNESOTA EXHIBIT A ACQUISITION PARCEL (198 SF) r �-_ /o . r EXHIBIT MA" RIGHT-OF WAY ACQUISITION Part of Lot 10 & 11, Auditors • Subd. No. 134 LINO LAKES_ MINNESOTA • AGENDA ITEM 7C STAFF ORIGINATOR: Tanda Gretz C.C. MEETING DATE: June 24, 2002 TOPIC: Conditional Use Permit to allow A Petting Zoo/Farm Visits in a Rural Zone. William Walton, 8140 -20th Avenue ACTION REQUIRED: 3/5 vote BACKGROUND Bill and Jean Walton have been operating a Petting Zoo, "Walton's Hollow," for over ten years. The Waltons have traditionally trailered their animals to various locations around the Twin Cities (nursing homes, senior centers, etc.). The Walton, who have moved with their animals from White Bear Lake to Lino Lakes in the past year, would now also like to provide on -site visits to their farm on 20th Avenue and so are asking for a Conditional Use Permit to allow such a use. ANALYSIS Zoning/Comprehensive Plan Analysis The site is zoned Rural and guided as Rural Land Use under the proposed 2001 Comprehensive Plan. All surrounding uses are similarly zoned and guided. Lino Lakes City Ordinance does not specifically address any use such as a "petting zoo" or "farm visit." As a result, staff is recommending using Section 5, subd. 1.H.3, which applies to conditional uses in a Rural zone described as follows: City Council Meeting June 24, 2002 Walton CUP "Commercial riding stables, horse boarding stables, horse arenas, dog kennels, animal hospitals with overnight care and similar uses." Staff would argue that the above - described uses are basically similar in nature to that of a petting zoo in the following ways: 1.) Animals are kept on site. 2.) People come to interact with animals. 3.) There is a recreational as well as a commercial component to such uses. As a result, it is appropriate that a Conditional Use Permit be applied for prior to allowing a use such as a petting zoo to occur on the site. Site Analysis The subject site is a 20 -acre parcel located on the east side of 20th Avenue, north of 80th Street. The northern area of the site is open hayfield; the southern area of the site contains fenced pasture areas; the center of the site contains a driveway leading off 20th Avenue to the house, parking area, and pole barn. The 90' X 96' pole barn contains a 60' X 72' central arena area which is surrounded by approximately 15 stalls of various sizes, in addition to some storage areas. There is a hay storage /loft area over the stalls. Five separate fenced pasture areas of various sizes surround the barn. In addition, there is a 20' X 96' area on the north side of the barn, separated from the rest of the barn by a wall, which will contain restroom facilities. Parking areas are to the west and northwest of the barn. Further west of the parking area is an outdoor area to be used for outside exhibition of, and interaction with, animals. Septic The site is serviced by a septic system. Building officials confirm that the system is oversized and capable of handling the extra restroom facilities proposed by the applicant. Fire Code Fire Chief Bennett has advised that any use of the barn area will require that the entire barn be equipped with a sprinkler system, the price of which appears at this time to be prohibitive for the applicant. Chief Bennett has also advised that even use of the room on the north side of the barn for gathering/assembly purposes would require that the entire barn area be sprinkled because the area cannot structurally be adequately separated from the rest of the barn area. Use of the area for restroom purposes, however, can be allowed under fire code according to Chief Bennett. 2 City Council Meeting June 24, 2002 Walton CUP As a result of the above, the applicant will plan to exhibit animals out of doors as they do when trailering animals to various sites, and possibly constructing a smaller building in the future for assembly /shelter purposes. Parking/Access The applicant does not foresee general, open hours of operation for the public at large. Rather, scheduled groups of set numbers will visit. Group sizes may vary, but will be known ahead of time. In this way, parking issues can be planned for. The main parking area is to the west of the barn and measures roughly 100' X 100'. A second parking area, measuring roughly 100' X 50', is situated across the driveway to the north from the main parking area. The driveway itself is currently 17 feet wide, and the applicant plans to widen it to 24 feet to better accommodate vehicles. Access to the site is off 20th Avenue, which is a County road. As a result, plans have been forwarded to the Anoka County Highway department for review and comments. Animal Care/Licensing The applicant has carried a license to operate a petting zoo for a number of years under the U.S. Department of Agriculture's Animal and Plan Health Inspection Service (APHIS). As a requirement for such a license, their site - or any site they exhibit at — is subject to annual, unscheduled inspections by USDA/APHIS officials. Such an inspection was successfully conducted this spring at the site on 20th Avenue. Findings City Ordinance Section 2, subd. 2.B.7 states that the "Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it finds that such use at the proposed location: a.) Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the City. Visitors to the site will be confined to the site, with no parking taking place on 20th Avenue. b.) Will be harmonious with the general and applicable specific plans and policies of the comprehensive plan of the City and this Ordinance. The site is zoned and guided Rural. The proposed use is in keeping with this designation. 3 City Council Meeting June 24, 2002 Walton CUP c.) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and/or intended character of the general vicinity and will not change the essential character of that area. The use maintains the site as a farm, a traditional rural use. d.) Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The site is serviced by a septic system capable of handling the additional numbers of site visitors. Access to the site is off a County road and onto a prepared, confined parking area. e.) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. Public cost should not be impacted, as the petting zoo will be confined to the site. Additional use of roadway for access to the site is not foreseen to be appreciable. f.) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. Visitors to the site are not foreseen to be in numbers great enough to cause excessive noise or access issues. All parking will be confined to the site. g.) Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares. Visitors to the site are not foreseen to be of numbers great enough to cause excessive traffic issues. All parking will be confined to the site. h.) Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The site will continue as a rural farm site. 4 • • City Council Meeting June 24, 2002 Walton CUP i.) Will conform to specific standards of this ordinance applicable to the particular use. City Ordinance states that "the applicable provisions of Section 500 of the City Code relating to the keeping of animals are determined to be satisfied" Animals and the conditions in which they are kept will conform to City Ordinance. In addition, the Walton animals are routinely (annually) inspected byUSDA/APHIS, as licensing requirements for a petting zoo are the same as those for any other zoo. CONCLUSION Use of the site for a petting zoo /farm visit site appears to conform to the general guidelines outlined for a Conditional Use for a Rural zone under the Lino Lakes City Ordinance, and staff would recommend approval of the Conditional Use Permit, with conditions. As various fire and building code issues come into play depending on how the site is used, staff would recommend the following conditions: 1.) All parking must be contained on site. The driveway should be widened to 24 feet to better accommodate visitor traffic. Parking surfaces should be rocked; any paved/impervious parking surfaces will require submission and approval of a grading plan to the City Engineer. 2.) Any indoor assembly areas must conform to applicable fire and building code; if visitors to the site enter the barn area, it will have to be sprinkled. P & Z RECOMMENDATION The above report was presented at the June 12, 2002 meeting of the Planning & Zoning Board. After consideration of the issues, the board voted to approve the proposed Conditional Use Permit, with the conditions noted above. OPTIONS 1.) Approve the Conditional Use Permit, with conditions. 2.) Deny the Conditional Use Permit. • 3.) Return to staff with direction. 1 • City Council Meeting June 24, 2002 Walton CUP RECOMMENDATION Option #1. ATTACHMENTS 1.) General Location Map 2.) Site Plan 3.) Barn Plan 4.) Building/Driveway/Parking Configuration Plan 5.) Narrative from the Waltons 6.) Newspaper Article on Walton's Hollow Petting Zoo 6 • CITY OF LINO LAKES RESOLUTION NO. 02-63 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PETTING ZOO/FARM VISITS FOR PROPERTY LOCATED AT 8140 -20TH AVENUE WHEREAS, the City has received an application for a Conditional Use Permit for a petting zoo /farm visits within the Rural zone, and WHEREAS, the City's zoning ordinance and subdivision regulations provide for the administration of Conditional Use Permits under Section 2, subdiv. 2, and WHEREAS, the proposed petting zoo /farm visits meet the standards for a Conditional Use Permit as outlined in Section 2, subdiv. 2, and WHEREAS, the City's zoning ordinance and subdivision regulations further provide for and establish requirements for a Conditional Use Permit in a Rural zone for uses similar in nature to a petting zoo /farm visits, as described in Section 5, subdiv. 1.H.3, and WHEREAS, the proposed petting zoo /farm visits meet the requirements for a Conditional Use Permit as outlined in Section 5, subdiv.1.H.3 NOW, THEREFORE BE IT RESOLVED THAT Lino Lakes City Council approves the Conditional Use Permit for a petting zoo /farm visits, subject to the following conditions: 1. All parking must be contained on site. The driveway should be widened to 24 feet to better accommodate visitor traffic. Parking surfaces should be rocked; any paved/impervious parking surfaces will require submission and approval of a grading plan to the City Engineer. 2. Any indoor assembly areas must conform to applicable fire and building codes; if visitors to the site enter the barn area, with the exception of restroom facility use, the entire barn must be equipped with a fire suppression system, per review of the Lino Lakes Fire Chief. Adopted by the Lino Lakes City Council this — day of —, 2002. ATTEST: John J. Bergeson, Mayor +°. 41/P 9C3.13 901.10 co• 901.40 44V f?049 's • .ro. / n 902.42 905.25 008.10 90311 904.57 004.90 000.24 PROPOSED HOUSE 904.93 • . 904312 904.74 A PI 4c- .0.. AOC . 094A • 901.05 • 1.911.0) . low 2 c3•3 10 o or r-. z 09,9 • 90653 21. 434 • 49472 r NOUN UNE NW 1/4, SEG. 1. 1. 31. R. 22 N8952'5q. w 457.53 EXHIBIT # • CORNER OFhe SE 1/4 CF INC NW 1/4, 800. 1. T. at. IL 22 AREA = 873,279 SQ. FT. 20.048 ACRES 23 904.52 • SS 41A " • *803-34 • • 902.41 09 . • 901.09 LINE PARALLEL WM ME ACV Laic CF OW NW 1/4 Cr la MW 1/4, 090. 1. T. 31. R. 22 P0411 430 FT. EAST OF 114E 911ERSEC1224 742.60 OF 1411 ROM UNE OF It MW 1/4 OF SW 1/4 OF KC 1. T. 31. R. 22 AND N89.58'59'7. 190 EASTOLY 11/14 UNE OF 04LAJI. 21 , • WUTN UNE OF SC NE 2/4 OF 514 1/4 OF KC. 1. T. 31. R. 22 tr) c 905.15 • ITIJob Title: Walton f /qv ,0/-2)// %1d • Meta -Wood Supply Inc. MO First street - orrice (963 EXHIBIT #_, Prospective Plans and thoughts from Bill & Jean Walton of 8140 20th Avenue regarding their new farm home We have been in the business of encouraging the interaction of people with animals for quite some time. Please read the accompanying copies of newspaper articles and check out our web site at www.waltons- hollow.com to get a better understanding of what we do. The demand for the services we provide seems to grow at an increasingly rapid rate as a result of a number of factors. Farmland is being replaced with housing development; farms that survive are forced to become large `factory" farms. The old fashioned small family farm like the farms my wife and I grew up on is nearing extinction. I am constantly amazed by the requests we get from what I had considered as farm country, communities such as Kenyon and Sauk Centre, Minnesota and Colfax, Wisconsin. A generation or so ago nearly everyone had access to a farm through a relative or friend who still farmed some. Now children have to be taken to the state fair or the state zoo to see farm animals or be content with what they can learn from books and TV. Some will also hear about the "good old days" on the farm from a grandparent. We will continue taking our animals out to various events throughout the metro area as we have been doing. However, after the word got around regarding our pending move to a much larger farm, we have received numerous inquiries about the possibility of people coming to us, also. The people that we foresee coming to our farm are groups from churches, schools, day care centers, senior and youth centers, scout troops, 4H clubs, etc. We have had some experience with people coming to our farm at our previous place and learned that it is not something to take on without a lot of thought and planning. But one can spend so much time thinking and planning that little gets done. We want to proceed slowly on this and have already discouraged some people, such as the fellow who wanted to schedule sleigh rides for his wife's retirement party, which seemed reasonable until he asked about the availability of a "party room" and catered food as he was expecting 350 to 400 guests. I told him to call me back in July when we'd have a better idea of what facilities we'd have, what size groups we would handle, and what we'd charge IF we did decide to accommodate him Our new farm is conveniently located on 20th avenue (Anoka Co. Rd 21) just west of 135E about 3 miles north of 14 and about the same distance south of 97 & 23. We can watch traffic on both I35E and I35W from our house. Presently the only permanent buildings on the site are the new 3 bedroom rambler home that we moved in to February 1'' and the new 90' x 96' pole barn that we started using in mid September. There are also several small portable structures used for animal shelter and storage on site. About a mile of new fencing has been installed both on the perimeter and the interior of the majority of the property as shown on the accompanying site map. The fencing in the area of the front gates and the pens on the south side of the barn is 5' high chain link with a top rail. Most of the fencing is 4' high chain link topped with a 11/2" wide white tape at 5' high. The white tape is electrified in most locations; however, along the driveway and parking areas it will probably be for looks only to avoid shocking the curious innocent. Obviously, the barn and the area around it will be the main focus for visiting guests as all activities will happen or start there. The barn was built with a 20' wide by 96' long lean-to on the north side. At present this lean -to is wide open and unfinished; a pipe to the septic system and a pipe to the - house for natural gas are already in place as is the water, electric and phone lines. Our plan is to construct a small office, 2 bathrooms, a utility or furnace room and possibly a small kitchen at the west end and leave the bulk of the space as a year round activity room. The ceiling would be over 9' high and the south wall would have doors and windows looking out into the main part of the barn so it should be a nice open room. We would equip this room with tables and chairs so that it could be used for various purposes. I foresee keeping a sleigh and a one of the carriages in the east end of the room as well as hanging some harness on the walls for decoration. Pony rides and the walk -in petting zoo activity could be done either inside the barn or in the fenced area across the parking area west of the ban. The horse drawn rides would start at the front ofthe barn and proceed out the north gate and around the open hay field at the north end of the property. An additional route may be across the southeast pasture, out the gate at that corner and then by the trees located along the south edge of the property. I often drive horse drawn hay wagon or carriage on public roads but I'm a bit concerned about doing it on 20a' avenue in front of our place due to the lack of shoulders. I intend to talk to Anoka County about the possibility of getting some sort of warning signs erected. Jean and I plan on living here in Lino Lakes and enjoying our animals as long as we are able. We certainly want to be good neighbors and citizens of this fine community and at the same time continue to encourage more positive interaction between people and animals. We are open to any and all suggestions. We can be contacted by a number of ways if there are any questions. Our home phone number is 426 -0733, the business number (which also rings in the house and is on a recorder when we are not here) is 426 -8163 and my personal cell phone is 612 987 -1758. I check e-mail every morning, that address is billw@waltons-hollow.com . Thanks Bill Walton www.waltons-hollow.com ._ . • .. • • .. - ... ..- :-..*: .:: Stientl.. ut* photos bY1-14eY . .. 1043;1:46i..,t..,. .*:.: . • ...• "Socks" the lamb munched on grass as resident Robert Pottorff hung onto his leash at the Ebenezer Hall health-care faculty In Minneapolis. Bill and Jean Walton have been operating their portable pettlag zoo for 10 years..VAth.nuire,thail 150 ;pita* biteetir and shelter, they're running out of room at thek current home) and are buildIng a new place In Lino Lake& - ....• ''': ...-..'''"..' ''''?..s4:1;:• • • Coupl's lope fo a. . .• • .... ,................,. .,......,,c. shared with kids; seniors • Gab abriel the chicken is a crowd favorite when Bill and Jean Walton take their petting zoo to nurs- ing homes and senior centers. A Japanese banty, Gabriel si n - wheelchairs, and so es on shoulders, as pe Noah" and !ah." "The chickens.. seem. .to bring back childhood memo- ries,' said Bill Walton, who's been operating the portable petting zoo for 10 years. Yes, the Waltons under- stand the power of animals. ..- .• oe Itirnbati , • Around St Paul • . • • , . . • • • : • en. over to ..1 wcititan.:-..11:041cr wa.ec' all curled up and set it. on her . tray. She started telling me hOw she'd been bittek by a hen when she was a little :girl on the farm, And how she'd been chased by ',the rooster," Walton said. • : • .. 13111 Walton, co-owner of Animals °Melton's Mink of White Bear Lake. blew on the nose of "Benlamin recently PAGE B4 • STAR TRIBUNE * PAUL from E METRO/STATEt MONDAY, SEPTEMBER 3.2001 Pregnant pony was start of the animal-raising business She repeated the stories a *couple times. After she left, the nurse told me they hadn't heard the woman speak in the past five years." A vaned brood At their home base in White Bear Township, the Walton feed and shelter more than 150 animals, most of them of a huggable size. They're running out of room, though, and are building a new place in Lino Lakes to house their varied menagerie. When they take their pet- ting zoo on the road, the Wal- ton usually set up small en- closures in parlcing lots or on . Chicks and ducks and start to scurry when the r —s open at public events private parties. Rabbits, pigs, calves, llamas, turkeys, goats and some riding ponies also roam around the pens. They also keep some small Norwegian Fjord horses at the barn, which they use for fall wagon rides. There are no wild or exotic animals. • Usually lounging along the fence is Buddy, one of the family's three Great Pyrenees dogs who help protect the an- imals back on the farm. • "We were losing 40 to 50 birds a summer — chickens, ducks, peacocks — to fox and. raccoons that would sneak in at night. So we got the Great Pyrenees, which are livestock guard dogs," Walton said. Losses now are way dawn, but occasionally an . owl swoops down and carries off a small bird, to the great frus- tration of the dogs, which can only bark helplessly at the es- . use e predator. rare rare o attacks happen b at the farms, never during Ling zoo performance. ' Rose Furst, a volunteer at Ebenezer Hall, a health -care facility ln Min- neapolis, . • made•a face. Friday at a lla- ma named "Paint the Town,” Starltibune photo by bey Md°elster A pregnant pony Them business is called An- imals of Walton's Hollow and. it's grown . rapidly in recent years. Jean and Bill both grew up on farms; his family lived in • North Dakota, she came from Iowa. They met in Des Moines while Bill was in school . Soon after they were married, he joined the Army and served in Vietnam. In. 1971, Bill became a St Paul police officer. He retired six years ago. They got into the animal- raising business 22 years ago. They wanted to move from Shoreview to the acreage in White ' Bear, but their two sons, then 6 and 8, weren't excited at the prospect of moving away from their friends. "So we bribed them with a pony," Walton said. Turned out that Ginger, the pony, was pregnant. And so it began. " n. "Once we had a barn, we decided we might as well get more animals," he said. The boys, Jason and Justin, now think their parents are nuts for spending so much time and energy on the pet - ting zoo. They ask: `Are you making 25 cents an hour yeti' " Jean Walton said. i,n „a WPTP. aratAftll • Business prospers. Since Bill's retirement, the couple has taken on more and more engagements; many days, Jean will take one trailer of animals to a day care while Bill takes another trailer to a senior center. For the past year, they've been assisted by the four Bev , erly sisters: Congetta, 17; Ali-: • sha, 15; Gretchen, 10 and Las- sie, 7. Their parents; Garcia and Jackie, had hired the Wal- ton to appear at the girls' birthday. parties for several years and eventually all four asked if they could help out, first as volunteers but now as paid assistants. Jean Walton says she loves sharing the animals with chil- dren and adults. She always points out the many kinds of chickens and goats, making the point that different breeds • all get along in the pens. . ' Last week at Ebenezer Hall, a Minneapolis home for sen- iors, Jean held rabbits and chickens fqr residents, while Bill led a llama and a calf through the rows • of wheel- chairs. A week earlier, he had taken a llama on an elevator to the top of another senior housing center, creating quite a stir among those visiting at Ruthie Hall, an • Ebenezer resident, tried to feed grain to one of the ducks, but an adult Vietnamese potbellied pig kept nosing.in. . "I thought you were going to bring a baby pig instead, Jean said to ljill. "Couldn't catch. any," Bill said. . Some people seem con- cerned about whether the ani- mals get good care,- but once they see how clean they are and healthy, we get a positive reaction," Jean Walton said. The. couple keeps all the animals year - round, never eat any of them and provide regu- lar veterinary care. ' One of the reasons we *started the petting zoo was to • help pay the costs of all the ani•aiv we already had," Bill Walton said. And now it's become•a full - time job for the couple. • One of the Ebenezer resi- dents asked Jean: "What else do you dol" "Lots of chores and, poop pickup," she said. — Around St. Paul runsMon- daysand Fridays. foe mbail is at 651 -29 &1553 or joek- @startribune.com • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND: AGENDA ITEM 7D Jim Studenski, City Engineer June 24, 2002 Second Reading: Ordinance 04 -02 Vacating Public Drainage & Utility Easements, Molin Concrete 4/5 Vote The City has received a request from Molin Concrete (415 Lilac Street) to vacate overlapping public drainage and utility easements. As part of their 2001 building expansion project, their Conditional Use Permit was amended. Rice Creek Watershed District required new drainage easements over the parcel through the new Surface Water Management Plan. ANALYSIS The Molin Concrete parcel is located in the northeast corner of Lilac Street and Fourth Avenue. The Easement Exhibit map shows both sets of easements on it (attached). The new Surface Water Management Plan either over lapped the previous easements or it eliminated the need for them. Therefore, the previous easements (Easements Document #1404034, attached) can be eliminated because the necessary areas are covered with the new easements. Through this process, it was noted that an easement the City previously acquired along Fourth Avenue on the Molin Concrete parcel was not shown to be of record. The City is in the process of determining if the easement was recorded at Anoka County. Approval of the proposed easement vacations will be contingent on confirmation that the City does have the necessary easement along Fourth Avenue on the Molin Concrete parcel. OPTIONS 1. Approve the Second Reading of Ordinance No. 04 -02 Vacating Public Drainage and Utility Easements, Molin Concrete. 2. Return to Staff with direction. 3. Deny the vacation request. Vacating Public Drainage & Utility Easements, Molin Concrete Page 2 Second Reading Ordinance 04 -02 • RECOMMENDATION Option 1. ATTACHMENTS 1. Easement Exhibit Map 2. Easement Document #1404034 3. Ordinance No. 04 -02 • • • • 1404034 EASEMENT e.ASCp$,31- 33 —0001 t P.s o o a 3,16 For and in consideration of the sum of One Dollar (31.00) and other valuable considerations, Molin V Concrete Products Company a corporation organized under the laws of Minnesote, grantor, does hereby grant, bargain and sell, release and convey to the City of Linn T aura a body corporate, grantee, and to its successors and assigns, a perpetual ponding and flowage easement over, on and upon and across the land hereinafter described, all of said land lying and being in Anoka County, Minnesota.. Said land being described as follows: Easement A The North 310.00 feet of the South 1270.00 feet of the East 110.00 feet of the West 143.00 feet of the Southwest One Quarter of the Southwest One Quarter, Section 8, Township 31, Range 22, Anoka County, Minnesota. G a _ .) I - " 7 - 3 3 - v ;_:)4.:.) Fasernent l All that part oldie South One Half of the Northwest One Quarter of the Southwest One Quarter, Section 8, Township 31, Range 22, Anoka County, Minnesota, described as follows: Commencing at the Southwest Comer of Section 8, Township 31, Range 22, Anoka County, Minnesota; thence North 00 degrees 41 minutes 59 seconds East assumed bearing along the west line of said Section 8 a distance of 1577.00 feet; thence South 89 degrees 18 minutes 01 seconds East a distance of 33.00 feat to the point of beginning; Thence North 62 degrees 30 minutes 00 seconds East a distance of 177.00 feet; Thence North 43 degrees 30 minutes 00 seconds West a distance of 223.75 feet to a point 33 feet easterly of said west line of Section 8; thence South 00 degrees 41 minutes 59 seconds West along a line parallel with and 33.00 feet easterly of said west line of Section 8 a distance of 244.05 feet to the point of beginning. Easement Q The East 421.00 feet of the West 454.00 feet of the North 120.00 feet of the South One Half of the Northwest One Quarter of the Southwest One Quarter, Section 8, Township 31, Range 22, Anoka County, Minnesota. Easement D All that part of the Southwest One Quarter of the Southwest One Quarter, Section 8, Township 31, Range 22, Anoka County, Minnesota described as follows: Commencing at the Southwest Corner of Section 8, Township 31, Range 22, Anoka County, Minnesota; thence South 89 degrees 00 minutes 00 seconds East assumed bearing along the south line of said Section 8 a distance of 1058.90 feet to a point 260.00 feet west of the east line of said Southwest One Quarter of the Southwest One Quarter; thence North 00 degrees 44 minutes 48 seconds East along a line parallel with and 260.00 feet west of said east line of the Southwest One Quarter of the Southwest One Quarter a distance of 310.00 feet to the point of beginning; thence North 89 degrees 15 minutes 12 seconds West a distance of 225.00 feet thence North 00 degrees 44 minutes 48 seconds East a distance of 120.00 feet; thence North 15 degrees 44 minutes 48 seconds East a distance of 223.00 feet; thence North 55 degrees 44 minutes 48 seconds East a distance of 69.93 feet; thence North 00 degrees 44 minutes 48 seconds East a distance of 297.00 feet; thence South 89 degrees 15 minutes 12 seconds East a distance of 110.00 feet to a point 260.00 feet west of said east line of the Southwest One Quarter of the Southwest One Quarter; thence South 00 degrees 44 minutes 48 seconds West along a line parallel with and 260.00 feet west of said east line of the Southwest One Quarter of the Southwest One Quarter a distance of 672.51 feet to the point of beginning. • • • IN WITNESS OF, the above co ration has caused this instrument to be executed in its corporate name by its y��S.:042 , (title of officer authorized to sign easement on behalf of corporation. e. g. President) onorp/"- Y 199a" , Molin Concrete Products Company By: Its: STATE OF MINNESOTA (name of officer signing on behalf of corporation) (title of officer) COUNTY OF ANOKA This instrument was acknowledged before me on �3 V.:3/9k (date) by 77 ens at S t' • AA" / i 4 as r r r S eQ vt-h of Molin Concrete Products Company, a Minnesota corporation, on behalf of that corporation. tore of no onamission�ira�han tary, exp date) IIIMMOL WOW PIMUS. I DTA wawrwnawwrwr This Document was Drafted by: Winthrop and Weinstine, P. A. 3200 Minnesota World Trade Center 30 East 76 Street St Paul, MN 55101 • • • ABSTRACT Receipt # 1 131 7r/ =9. S O Date(Time :i- 'Z°t -Qt■ / l3: t1S Doc. Order - of ✓ by: Pins: �Q Recordability / Delos: ere Filing Feea: .�1. 9. tits . Walt Certificate Received this Date: Anoka County Recorder ❑ Certified Copy Date Mailed ❑ Tax Liens I Releases ❑ Multi-Co Doc Tax Pd Notes: "Y�.--r.•• ❑ Transfer ❑ Division ❑ Status ❑ Other ��T New Deac. ❑ CAC ❑ Def. Spec ❑ No Change •+.104.91 i IM.NMJ w? ; ATn2taN1 I it • MIR YiY17OM is r. ) DOCUMENT NO. 1404034.0 ABSTRACT ANOKA COUNTY MINNESOTA I HERESY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON JAN 29 1999 AT 1:45 PM WAS DULY RECORDED. FEES AND TAXES IN THE AMOUNT OF 2 9 . 5 0 PAID RECEIPT NO. 1999011372 EDWARD M. TRESKA ANOKA COWRY PROPERTY TAX ADM INISTffA /OR/RECOROER/REG/STRAR OF TITLES BLP BY DEPUTY PROPERTY TAX ADMIN ISTAATOR/RECORDER/REO/STRAR OF TITLES • CITY OF LINO LAKES ORDINANCE NO. 04-02 ORDINANCE VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS, MOLIN CONCRETE WHEREAS, the City Council of Lino Lakes has determined to vacate public drainage & utility easements, in its entirety, as described in the Easement Document #1404034, and WHEREAS, a public hearing was held on June 10, 2002 before the City Council in the City Hall Council Chambers after due published and posted notice had been given on May 21, 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; and WHEREAS, it appears to be in the best interest of the City to vacate such public drainage and utility easements; and WHEREAS, the new easements have been granted to the City; and WHEREAS, four - fifths of all members of the City Council concur in this ordinance. NOW, THEREFORE THE CITY COUNCIL OF LINO LAKES ORDAINS: Section 1. That, Easements A, B, C, and D as defined on Document #1404034, is hereby vacated. Section 2. 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 3. 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 24th day of June, 2002. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor 5ErIENT • Xii.ti Ip1T MOL•IN CONCRETE FRODiICTS I 1 • 415. Lilac Street. • . LINO LAKE`S. NN 55014 I I 1 (612)786 -7722 1 r� North.* /of t m. W 1/4 ' . / of the SW 1/41 y 1 r /;; W P :t ::1 (Point of Beginning • :. Eofwmen018) N89'09'02'11' DESCQIPTIQ V OF PRQ?TC s•h M M •. ww..w AP*. M .r t•••• awl• M Mw* 44 T.•1W A.1 q. /1.•••••4 %/e. Owl. M 0.4444•..• 0•.4. t > 4440 •14.•04► 11. bows M. *CPI W WI ZIP l•. I••• >a w •••• 4404 4 4110 .• Sm. 001 .1 •r IM 1•e•.4• 0.111. 4441.01.444. Now* 1+ Nr tf• 0'r Of b• 5•*••••1 •r t gtMl +•.•.r n •w* a M em< • .wo • w. MO ft.. • PM ow at• •w n•t4.4 w Ow w WWI Wm fe Op. r •w ••• • ,0t I•. ••• feu. r aY ..••y 1•••••• .a. bowl• .•4 melt* - t* 44 l� 00.00 0 a•1 • North Ibe'of the 5 1/2 of the NW 1/4 of the 5111\4 of Sec 8. 131. 822. 1320.61 w* I.* of .het '/} a ._ 4m 1• 44 w. 344 f \4 1 el Toe 4 131. 4.22 • Lfi 1818�i dicr'X Lfr away Hale and eradet *040.11 **4o 1 •� •Y .• Ica �• ;' .1 •"gp ..wvgMe" a Wrffor• 114.4 ''��••r 1 .1 f • •4 • a • S00'44'48" W .4 S89•00'00 "E9" 260.00 "No twin e One of Ow theu518•• /4 • SW Car. Seo. 8. 131 822. Found Anoka Co. Cost Ne11 Monument GRAPHIC SCALE L • South ifne of the SW 1/4 of Sec. 9, 131. 822. Of 1121 I IN • •0 PROPOSED EASEMENT.A • IMw•w "••.cal w •w•. M M414.••. car. •Y•• 004 vow M M il*. 4••• M M 44.00..00 0..00 w •400.. l Ito** Y. ••• a 10n.T 1..•.•.0• [tell .• It. tM W M N Mw ti 0.1 IV•.L _, 0000 4 I/ I** el •w•M tl ell,..•• Man. 0 loft" 00.1 •1.1 V w M *8 w.wwowl Drr r Macaw ••••• • O.*. w MO cam b >m .w r IM 0••00•.•• a••• • .4 f.4••.1 *N• few. N 10 w *14 of MbtY M W saw. 44 w M.** .4 -r 0 "�..irz•< 4.0 1i• �° eJ a s J NORTH 51/4 Car See. 8. '31 NM Found eno0D Co.") Ceti Non Monument n -Now _ 4 11 ... - Southeast [Omer Cf 11•e 5W 1/4 of the SW 1/4 • PROPOSED EASEMENT B • oM*M O *wow. r **pp 004 •Y■ *tom •w• ..M, *sumo .•. M • k orb wow v fro* MM M 400 .N••.1 0•••• . 00.1 ■w M •w 4rMA ii1* of P. • •••'•••"r Ica Dm. of LI. l h+•V St 1M. •� Mw. 440041- •• •• ar•••• •∎••04 *01_*. .0•1•••••* ww••wwew. • ••••.aw w Oa .m1 Mw 41 I.Y..0 *la •.www M 1MN * l If* le* loom to• A I ,4.1� 1 •e• t./ w 44••4 M PPM M 4. 4 ft. 0 •.ew. •o •+ an M •• •w 0000 4 r •4 M MA we •.•e se•• S 4•�.w� 0..400..40ft ••1 o440004A]Po • 4•'•1•00•.1.004!•.•a y •MM1 �4r Ow1•45•4•4. are/ 400 044 n.4..& ••M•.1 4 • of I.MIMNbowl* 1rw1 145•.•.•.0 M.O. !•t 44400. M 1}I.K 1..4 Pawl* M Mew. • m.* 0 um** 200• • IJw of Ilse •••• • •.•• **vv. 0 op.. 0 • flf• f•/ • •M•w • tM :1 ••1l • t.•. S A •••••• 100100.• w Svp • 4Wr M YlJI l.•. Fro ono** 04*44 r00 . 400004 Oft •400•• a f.s. 44 0W rw • v.4r•0w••• •••••t•w•Mow Y1.41• b..** •••• •.4000.• I••+a Dw. l■•• w a•••.....+ *r..•... r.* e • •x••• CM • *Pr* .o•M I•el n•N Mw. • � 0 wislfa 0 w� • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND: AGENDA ITEM 7E Michael Grochala June 24, 2002 Second Reading: Ordinance 05 -02 Vacating Cree Lane, Shenandoah 3`d Addition 4/5 Vote The City has received a request from Michael Chmelowsky (6557 Hokah Drive) and William Lahti (6567 Hokah Drive) to vacate Cree Lane. Cree Lane is a 60- foot wide, unimproved public right -of -way, that was platted as part of Shenandoah 3rd Addition. The right -of -way was intended to serve as a connection for future development to the west of the subdivision. The City Council approved the First Reading of Ordinance 05 -02 on June 10, 2002. ANALYSIS The Spirit Hills residential development, located immediately to the west of Shenandoah 3rd Addition did not use this connection. The Cree Lane right -of- way terminates at the western edge of Shenandoah 3rd Addition and it is no longer possible to extend the road westerly. No utilities are located within the existing Cree Lane Right -of -Way. It is staff's opinion that the right -of -way is no longer needed for public street or utility purposes. However staff does recommend reserving a 10 -foot drainage and utility easement adjacent to Hokah Drive. OPTIONS 1. Approve the Second Reading of Ordinance No. 05 -02 Vacating Cree Lane. 2. Return to Staff with direction. 3. Deny the vacation request. Cree Lane Vacation Second Reading Ordinance 05 -02 RECOMMENDATION Option 1. ATTACHMENTS 1. General Location Map 2. Ordinance No. 05 -02 • • Page 2 QL4 r a • 2a + • ICE LAKE RESHANAU LAKE mmI�7eeeo R EAR i� 0 ®T9 Ov ... hI ®m O� ® °� (1 ra °a,■I�� a E of u 2 d.mpW�p�. ©0 0 � mq v °yam ©� 4 �ipWEITPCION: man= Qy X11.. `'r,ylv: �` . � ©° Ea leftWIE d trio Ito al )060.1., mooDe ©ems® ©per ��a, AACV app. MUM In &tie `; A ® �,2 PfNERIb6E trelrECOCEM O M �� �' � p` " �kao5® �' ANI■immEgImisimmuial imitter 33 2 \a 2) W. // s ER 4E • /J 5 04 (M) 6 O ;• w . rw 6 O% ° a 4' /l Gr) 7 A lye f ;°". (x)92 •eh 1 1 �+o • ��5 vi s,o 144 • 6� • 7 0) 16(1') 4. fl ,,.. �0 \l17 _ a,') ('!9) e 1 8 ha 9 y� /0 yha yveon t fit .1 N, 'ri�' /24 /3a.e/ /90 8 Amos (42) 7iate fL M i3 Ok.) ° $ 4-0) 8 32 it /et.is$• `........208.7 (8) (9) (,l B (� -- -�- !04_25— �•_'___ Zo�f'7_ �•_: S STREET �- - �rrA� 06..98) . //F p • / °s /9'b (ia) y ft) �¢) b 4 0. 3 �e . h�ti art, • CITY OF LINO LAKES ORDINANCE NO. 05-02 ORDINANCE VACATING CREE LANE, SHENANDOAH 3RD ADDITION WHEREAS, the City Council of Lino Lakes has determined to vacate Cree Lane, in its entirety, from its intersection with Hokah Drive to its western terminus; and WHEREAS, a public hearing was held on June 10, 2002 before the City Council in the City Hall Council Chambers after due published and posted notice had been given on May 21, 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; and and WHEREAS, it appears to be in the best interest of the City to vacate such street; WHEREAS, four - fifths of all members of the City Council concur in this ordinance. NOW, THEREFORE THE CITY COUNCIL OF LINO LAKES ORDAINS: Section 1. That Cree Lane, as dedicated on the Plat of Shenandoah 3rd Addition, Anoka County, Minnesota, is hereby vacated, reserving therefrom for public use, a drainage and utility easement over, under and across the easterly ten (10) feet of said lane. Section 2. 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 3. 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 24th day of June, 2002. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor • STAFF ORIGINATOR: COUNCIL MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 7F Michael Grochala June 24, 2002 Resolution No. 02 — 65, Accepting Plans & Specifications and Authorizing Advertisement for Bids for the Black Duck Lift Station Simple Majority The existing Black Duck Lift Station is located on the west side of Black Duck Drive, south of Latern Lane. A new lift station is proposed to replace the existing lift station, which was constructed in 1970. In 1994, the City prepared plans and specifications to construct a new lift station and rejected the bids due to the high contract prices received. The City also initiated a project in 1998 to replace this lift station but terminated the process due again to estimated costs and funding constraints. The waste water flow volumes that enter the existing lift station have continually increased and the lift station needs to be replaced in order to operate in a safe and efficient manner consistent with current design standards. The pumps in the station have to operate much more frequently each hour than desired. The station also has very little storage, which causes the sanitary sewer to be surcharged. As with the earlier project, staff is proposing to construct a new lift station consisting of a wet well and submersible pumps on the east side of Black Duck Drive within the unimproved Captains Place right -of -way. This will allow the existing lift station to remain in service as the new one is constructed. Additionally, the improvements have been designed to minimize disruption of Black Duck Drive. Directional boring of new pipe under Black Duck Drive, into an existing manhole and wet well, will eliminate the need to open cut the Street. Short, Elliott, Hendrickson, Inc. (SEH), is the engineer for this project. The Engineer's estimated construction cost is $321,450. The project will be funded from the City's Trunk Area and Unit Fund and is included in the draft Five Year Capital Improvement Plan for construction this year. Staff is recommending that the plans be approved and authorization granted for advertisement of bids. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 02 -65, approving the plans and specifications and authorizing advertisement for bids for the Black Duck Lift Station project. 3. Not adopt Resolution No. 02 -65 RECOMMENDATION: Option No. 2. ATTACHMENTS 1. Resolution 02 -65 2. General Location Map 3. Site Plan CITY OF LINO LAKES RESOLUTION NO. 02-65 RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS— BLACK DUCK LIFT STATION WHEREAS, the City's Consulting Engineer, Short, Elliott, Hendrickson, Inc., has prepared plans and specifications for the reconstruction of the Black Duck Lift Station, and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids for the making of such improvement under such approved plans and specifications. The advertisement shall be published for ten days, shall specify the work to be done, shall state that bids will be received by the Clerk until 10:00 a.m. on Thursday, August 1, 2002, at which time they will be publicly opened in the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on Monday, August 12, 2002, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Lino Lakes City Council this 24th day of June, 2002. Ann Blair, City Clerk • John J. Bergeson, Mayor z U J • Z O O I- (/) umi z Z z 61. ri)1 a <0• 0 � Y Z • CO J 5 _a < U oz C.) O o O z T LOCATION .11 111111. .10111111. =�� U NnU•••1••nu•- V4IIi. mall/ 1,11gt O 1 of ��C►i :3w +.r ca, I a 8599 )�M d10 .b 'X3 1 s IWA dIQ .0L X3 s PLJ 'NVS .B 'X3 1- .Z1 'X3 441101 Z J W z J O O L. -1799 8 as m 4lip 111 r h POI hl i� EiNig ■OIR 411011110 M,1 W 0.01 0.4 411-41 -40 R.1 AGENDA ITEM 7G STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: June 24, 2002 TOPIC: Resolution No. 02 -66, Accepting Feasibility Report and Calling of a Public Hearing on Improvement — 21st Avenue Street and Storm Sewer Improvements. VOTE REQUIRED: 3/5 Vote Required BACKGROUND: At the March 12, 2001, City Council meeting, a study was ordered to evaluate the construction of roadways and storm sewer and the associated costs on 21st Avenue, south of Main Street, and a portion of Northern Lights Boulevard. The feasibility report was presented at the April 23, 2001, Council Meeting. The feasibility report was revised on May 29, 2001, by reducing the length of the street improvements on 21st Avenue. Staff has updated the estimated costs and the project timetable for that report. Staff is requesting that Council receive the updated report and call a hearing on the improvements. The hearing is scheduled for July 22, 2002, at which time a detailed review of the feasibility report will be presented. In accordance with Minnesota State Statutes 429, the updated feasibility report is to be received by council and a public hearing scheduled. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution No. 02 -66, Receive the Feasibility Report and Call a Public Hearing for the 21st Avenue Street and Storm Sewer Improvements. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution No. 02 -66 be adopted. • CITY OF LINO LAKES RESOLUTION NO. 02-66 RESOLUTION RECEIVING REPORT AND CALLING PUBLIC HEARING - 21 ST AVENUE STREET AND STORM SEWER IMPROVEMENT. WHEREAS, pursuant to a resolution of the Council adopted March 12, 2001, a report has been prepared by the City Engineer with reference to the improvement of 21s Avenue and Northern Lights Boulevard by constructing roadway and storm sewer, and this revised report was received by the City Council on June 24, 2002, and, WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of such sanitary sewer in accordance with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429. 2. A public hearing shall be held on such improvement on the 22nd day of July, 2002, in the council chambers of the city hall at 6:30 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 24th day of June, 2002. Ann J. Blair, City Clerk John J. Bergeson, Mayor • • • AGENDA ITEM 7H STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: June 24, 2002 TOPIC: Resolution No. 02 -67, Approve Final Payment for 2001 Surface Water Management Project VOTE REQUIRED: 3/5 Vote Required BACKGROUND: The contractor for the 2001 Surface Water Management Project, Forest Lake Contracting, Inc., is requesting City approval of Payment No. 2 (final) in the amount of $14,676.40. The original contract amount was $136,491.00 and the final contract amount is $122,642.00. Approval of the final payment will begin the one -year warranty period. OPTIONS: 1. Return to staff for further review. 2. Approve Resolution 02 -67 approving Payment No. 2 (final) for the 2001 Surface Water Management Project project. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution 02 - 67 be approved. • CITY OF LINO LAKES RESOLUTION NO. 02- 67 RESOLUTION APPROVING PAYMENT NO. 2 (FINAL) FOR THE 2001 SURFACE WATER MANAGEMENT PROJECT WHEREAS, the construction of the 2001 Surface Water Management project has been completed by Forest Lake Contracting, 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: Payment number 2 (final) in the amount of $14,676.40 is approved for a • total contract amount of $122,642.00. Adopted by the City Council this 24th day of June, 2002. Ann J. Blair, City Clerk • John J. Bergeson, Mayor • AGENDA ITEM 7I STAFF ORIGNINATOR: Marty Aselson, Environmental Specialist MEETING DATE: June 24, 2002 TOPIC: Authorizing Application for Annual DNR Oak Wilt Grant VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: In the past, the City has made application for participation in the DNR Oak Wilt Grant program. We have received funding previously and benefitted from our participation in the Community Forest Health Program. It is my recommendation that we continue to pursue these grants when available. 40 Attached is a copy of the grant application and the resolution of support that is required to accompany the application. OPTIONS: 1. Approve Resolution No. 02 -69 2. Deny Resolution No. 02 -69 RECOMMENDATION: Option 1 • • COUNTY OF ANOKA CITY OF LINO LAKES RESOLUTION NO. 02-69 A RESOLUTION AUTHORIZING CITY TO APPLY FOR ANNUAL DNR OAK WILT GRANT WHEREAS, Environmental Specialist Marty Aselson is authorized to submit an application for the annual DNR oak wilt grant on behalf of The City of Lino Lakes, and WHEREAS, this application must be completed in accordance with Minnesota Statutes, and submitted in accordance with the instruction provided by the Department of Natural Resources, and WHEREAS, the City of Lino Lakes pledges to act to appropriate and expend funds in an amount sufficient to match any grant awarded as a result of this application and in a timely manner to implement the program as set forth in the application • NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Lino Lakes authorizes and pledges support for the DNR oak wilt grant application. Approved by the City Council of the City of Lino Lakes this 24th day of June, 2002. John J. Bergeson, Mayor ATTEST: Ann J. Blair, City Clerk 2002-2003 MINNESOTA ReLEAF .. — COMMUNITtFOREST HEALTH PROGRAM..._.___._ __...Mw__ _ �_.__ APPLICATION FORM • Application is limited to this 4 -page form. Please refer to the Appiicatfon.Guidelines when completing this form. Mall your completed and signed applicatipn to the DNR Regional contact In yourarea, see below. Applications are due by 4:30pm Friday, June 14, 2002. A DNR Area Forester will be contacting you to complete a needs assessment of your project. Grant recipients will be notified within 30 days. Region.5 (South East): Ed Hayes, 2300 Silver Creek Rd. NE, Rochester, MN 55906, (507) 285.741 Metro Region (Metro + former Region 3): Don Mueller, 1200 Warner Rd., St Paul, MN 55106, (651).772 -'6148 This form is available via email from Sharon Schmitz, sharon.schmitzna,dnr.state,mn.us , (651) 297.7298. 1. Project Location City, Township or County i . l 2. Applicant Contact information Applicant Organization Name: Contact Person: ni4.&Uy //S'' Mailing Address: City, State, Zip code: k teJc 1.1.1<e'.S� j� A) . ,S;S b 1 ' IP Project Technical Advisor: IA !t+ fvt,9 (If different from Contact Person) • t( %Lcuo )if-k?S L 3. Applicant Eligibility (check one) ...municipality Township _County School District Non- profit Organization (with 501(c)(3) status) _Other (specify): 4. Project Budget Summary • a. Non -state cash contributions: b. Non -state in -kind contributions: c. Mn ReLEAF Funding Requested:,' TOTAL PROJECT COST (a+, b +c): 5. Project Schedule (approximate) Start up date: 6. Project Summary Statement • • • $ S 30 , 9r% of total* $ / 0 0 -0 - fd. • % of total 5 k6 6p• M %) of total $_.x:21"/ C'3 Completion date: Phone No: (6s'() Q k Z Z V5,r-' E- mail: ►Y$S SohPe<:Lrhx►-- L,Kesd//4 ttj- Phone No: (on ) 5'9 e - Z y3� E -mail: S-43-07 &J g6dve • •� 1 Describe the project with details about survey, treatment and posttreatment monitoring, as well as planning and education efforts which serve program goals. Include a brief description of the staff involved and how the project 410 fits into the community s over all plan for forest health management wy, kv- ki-fJef wit t ' LAp 61s. tTP-0z " (to_5X44-s ctiLza-- a5 ,-;?e:// t (2k evy... qta. cut_ez__ se ce 2-002, fetk b kc` Cam.. 41• ._ k `1 ctp-h vK.Q Q % Vim_ �`�j�.�//` � _ • {�.�� y �-^ V - • ccu244- Pee.dk ZLe-e6tA._ 40,-L fir, �y dtk-e 7. -Sustainable Forest Health Management Plan Show what the community is doing to build capacity toward long -term management of oak wilt independent of state funding. Check all that apply to your forest health program. Be prepared to provide supporting documentation of these efforts with the final report for this grant. ❑ new/expanding forest health program It-L. newlexpanding in -house staff j .u'C v.. (ts.- fiA 1 - 'i. professional (staff or contract) oversight control zones expanded to include larger portion of community. control zone includes all•of community disease management plan in place post - treatment inspections for 3 years following treatment disease management addressed in ordinances, and permitting practices disease management addressed in comprehensive plan educational for residents educational for developers, builders and contractors treat -to -the -line practices multiple partners 0 . 56, significant portion of the match Is in cash 8. Project Location Briefly describe which sections of the county or community will be served by the project and how specific sites 0. will be prioritized for treatment .110— t(e Wule3_ r1"1"-./1„ \ P-- 22 ‘-) Rirt- 8.)/i )8, zr) ��313z Sek e.),4,z,z_. 1.3(._ 1._.&-.31 2,e -' 9. Budget Breakdown Please specify the sources and amount of matching cash and in -kind contributions, which may include staff time, donated labor and equipment, supplies, services, etc. ITEM Staff Time (survey planning, coordination, publicity, field work, monitoring, reports) NON -STATE IN -KIND MATCH ($ & source) $ /000 ' Source: 6644 6A4,) NON -STATE CASH MATCH ($ & source) MNRL FUNDING ($) TOTAL ($) Outreach Expenses (workshops, • edia expenses, publications) it $ Source: $ Source: quipment Usage Contractual Services (survey, consulting, control line installation, spore tree removal) Source: $t Soutcev 8 y Q, $ 9e(fa Source: $ / Oc b Misc. Field Expenses (supplies, vehicle expenses) Source: ■ TOTAL (should equal the total in the budget summary in, Ques. 4) $ loot) $ SAO l ?So ` %Sa so • I certify this information is valid and factual as described in this application and that all costs are eligible un-dert>T MINNESOTA ReLEAF Community Forest Health Program. iserA e ''ff •r%a'• omr unllyi /organhalon official Mini?! Fnract 14aalth Snnlir_af n 3 For DNR Office Use Only (applicants, please do not write in this space): Date Application Received DNR Regional Program Leader DNR Area Program Leader DNR Regional Forest Health Specialist Number of years applicant has received Mn ReLEAF Forest Health or Federal Oak Wilt Suppression $$: Years or First-time applicant Past project performance: Good Fair Poor • Comments Progress Towards a Disease Management Plan: • Good Fair Poor Comments Forest Health Concerns All grant and match expenses are eligible: Yes No (Make notes on budget table) Regional priority: High Medium Low • • STAFF ORIGINATOR: COUNCIL MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 713 Michael Grochala June 24, 2002 Resolution No. 02 -71, Approving Joint Powers Agreement with Anoka County — Lake/Apollo Traffic Signals Simple Majority Anoka County has provided the City with a Joint Powers Agreement for the reconstruction of County State Aid Highway 23 (Lake Drive). The agreement sets forth the roles and responsibilities of both the County and City for construction of the improvements. The project is being undertaken as a City project with the associated costs assessed to the benefiting property owners (Market Place and Lino Lakes Commercial). However, since the intersection of Lake Drive and Apollo Drive has met warrants for a traffic control signal the County is financially participating in accordance with County cost sharing policy. The Joint Powers Agreement provides for the payment by Anoka County to the City an estimated $40,729.50 for their share of the traffic signals. Staff is recommending approval of the agreement. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 02 -71, approving the Joint Powers Agreement 3. Not adopt Resolution No. 02 -71 RECOMMENDATION: Option No. 2. ATTACHMENTS 1. Resolution 02 -71 2. Joint Powers Agreement • • • CITY OF LINO LAKES RESOLUTION NO. 02-71 RESOLUTION APPROVING A JOINT POWERS AGREEMENT WITH THE COUNTY OF ANOKA FOR THE IMPROVEMENTS OF COUNTY STATE AID HIGHWAY 23 (TRAFFIC CONTROL SIGNALS) WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to enter into Joint Powers Agreements, and WHEREAS, the parties of this agreement consider it mutually desirable to reconstruct County State Aid Highway 23 (Lake Drive) from I -35W North Ramps to 77th Street to improve the level of service and safety of the intersections included therein; and WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Hereby approves the Joint Powers Agreement with Anoka County for the Improvements of County State Aid Highway 23 (Lake Drive) and authorizes the Mayor and City Clerk to sign the Agreement. Adopted by the Lino Lakes City Council this 24th day of June, 2002. Al !EST: Ann J. Blair, City Clerk John J. Bergeson, Mayor r.JJ/ G7/ XXJ . I-lIYUmm LU nwl Ur I 70J170G4,477 IYU. JYJJ W-11 i':t02- 10- 23\laocuments\Dralt Lino Lakes WA.doc Anoka County Contract No. JOINT POWERS AGREEMENT FOR THE IMPROVEMENTS OF COUNTY STATE AID HIGHWAY 23 (LAKE DR.) FROM I -35W NORTH RAMPS TO 77th St. (CP 02- 10 -23) This Agreement made and entered into this day of , 2002, by and between the County of Anoka, State of Minnesota, a political subdivision of the State of Minnesota, 2100 Third Avenue North, Anoka, Minnesota, 55303, hereinafter referred to as "County ", and the City of Lino Lakes hereinafter referred to as the "City ". WITNESSETI-I WHEREAS, the parties of this agreement consider it mutually desirable to reconstruct County State Aid Highway 23 (Lake Dr.) from T-35W North Ramps to 77rh St. to improve the level of service and safety of the intersections included therein; and, • WHEREAS, the intersection of County State Aid highway 23 (Lake Dr.) and County State Aid Highway 12 (Apollo Dr) has met warrants for a full traffic actuated traffic control signal; and WHEREAS, the intersection of County State Aid Highway 23 (Lake Dr.) and Marketplace Dr. has not met warrants for a full traffic actuated traffic control signal; and WHEREAS, the parties agree that the City shall cause the reconstruction of County State Aid Highway 23 (Lake Dr.) from I -35W North Ramps to 77th St.; and, WHEREAS, Toltz, King, Duvall, Anderson And Associates Inc. has prepared plans and specifications for Commission No. 12426-01 which plans and specifications are dated 1/28/2002, and which are on file in the office of the City Engineer; and, WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, WHEREAS, Minnesota Statute 471.59 authorizes political subdivisions of the State to enter into joint powers agreements for the joint exercise of powers common to each. 1k6H/ NOW, THEREFOn, IT IS MUTUAL Y STIPULATED AND AGREED: To; 3-1.,..1i,/slen.5 ; FROM; %y Q r rk 12fT r DATE: 7 . p' 9 l0 Z PAOE9INCLUDINQ _ THIB PAGE: PAX ft ;&6 ./ - 44? FAX 0: _ .................. PHONE" . 7 03/29/2002 14:29 ANOKA CO HWY DPT 4 96519822499 • L PURPOSE NO.505 t02 P;\02 -10 -23 \Documents\Draft Lino Lakes IPA.doc The parties have joined together for the purpose of reconstructing the roadway, drainage, sidewalk, traffic control systems, as well as other utilities on a portion of County State Aid Highway 23 (Lake Dr.); as described in the plans and specifications numbered 12426 -01 on file in the office of the City of Lino Lakes and incorporated herein by reference. II. METHOD The City shall provide all engineering services and shall cause the construction of Commission No. 12426 -01 in conformance with said plans and specifications. The City shall do the calling for all bids and the acceptance of all bid proposals. III. COSTS A. The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the actual. "construction costs" and shall be so referred to herein. "Estimated costs" are good faith projects of the costs, which will be incurred for this project, Actual costs may vary and those will be the costs for which the relevant parties will be responsible. B. The estimated cost of the total project is $1,509,275.30 (as shown on the Tabulation of Bids). Participation in the construction cost is as follows: 1. The County shall pay to the City 37.5% of the cost of construction and installation of Traffic Actuated Signal System "A" at Apollo Dr. and 0% of the cost of construction and installation of Traffic Actuated. Signal System "B" at Marketplace Dr. The County's estimated share of the construction is $56,625.00. 2. The County shall provide construction observation for the construction of Traffic Actuated Signal Systems "A" and "B". The City's participation in construction observation will be at a rate of 6% of the total costs to construct the signal systems, EVP systems and interconnection.. The city's estimated cost of these items is $17,026.00 (6% of $283,800.00). 3. The County's participation in construction administration . will be at a rate of 2% of their designated share of Signal System "A" (8% Construction Engineering less 6% Construction Observation). The County's estimated share is $1,132.50. and engineering costs. 4. The City shall be responsible for all remaining construction 2 03/29/2002 14:29 ANOKA CO HWY DPT + 96519822499 • summarized below: NO.505 P03 P:102- 10- 231Documents\Draft Lino Lakes 1PA.doc 5. The total estimated cost to the County for the project is 1. Traffic Signals System A $ 56,625.00 2. Credit for County construction observation ($17,025.00) 3. Construction Administration Services $ 1,132.50 Grand Total Estimated Cost To The County S 40,729.50 C. The total estimated cost to the County for the project is $40,729.50. D. Upon award of the contract, the County shall pay to the City, upon written demand by the City, 95% of its portion of the cost of the project estimated at $38,693.03. The County's share of the cost of the project shall include only construction and construction administration expense and does not include administrative expenses incurred by the City. E. Upon final completion of the project, the County's share of the construction cost will be based upon actual construction costs. If necessary, adjustments to the initial 95% charged will be made in the form of credit or additional charges to the County's share. Additional, the remaining Five Percent (5%) of the County's portion of the construction costs shall be paid to the City upon written demand by the City. IV. TERM This Agreement shall continue until terminated as provided hereinafter. V. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the City in conformance to the State laws. VII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon request by either party. VIII. TERMINATION 3 03/29/2202 14:29 ANOKR CO HWY DPT 4 96519822499 NO.505 PO4 • • • P:\02.10- 23\Documents \Draft Lino Lakes IPA.cioc This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods, which occurred prior to such notice of termination. The County shall pay its pro rata share of costs, which the City incurred prior to such notice of termination. IX. SIGNALIZATION POWER The City shall at their sole expense, install or cause the installation of an adequate electrical power source to the service cabinet for the intersections of Apollo Dr. and Marketplace Dr., including any necessary extension of power lines. The City shall be the lead agency in this matter. Upon completion of said traffic controls signal installation, the ongoing cost of the electrical power to the signal shall be the sole cost and expense of the City. X. MAINTENANCE A. Maintenance of the completed watermain, sanitary sewer, storm sewer. (except catch basins and catch basin leads) and detention basins, (including ponds and their outlet structures and grit chambers/collectors) shall be the sole obligation of the City. 13. Maintenance of all trails and sidewalks, including snow plowing, shall be the sole responsibility of the City. C. Maintenance of streetlights and cost of electrical power to the streetlights shall be the sole obligation of the City. D. The County shall maintain the traffic signal controller, traffic signal and pedestrian indications, loop detectors and associated wiring of the said traffic control signal located. at County State Aid Highway No. 23 and County State Aid Highway No. 12 (System A) at the sole obligation of the County. E. The County shall maintain the traffic signal controller, traffic signal and pedestrian indications, loop detectors and associated wiring of the said traffic control signal located at County State Ai.d Highway No. 23 and Marketplace Dr. (System 13) at the sole obligation of the City. The City shall be billed by the County on a quarterly basis for all costs incurred. F. Painting of Traffic Signal System "A" shall be the sole obligation of the County. Painting of Traffic Signal System "13" shall be the sole obligation of the City. 4 03/29/2002 14:29 ANOKA CO HWY DPT -) 96519822499 • • • NO.505 D05 13:\02- 10- 231Docurncntatraft Gino Takes WA.doc 0. Timing of the traffic signals shall be determined by the County. H. Only the County shall have access to the controller cabinets. L The traffic control signals shall be the property of the County. J. The City shall be responsible for maintenance of the luminaries, luminaire relamping, and luminaire painting. K. All maintenance of the EVP Systems shall be completed by the County. The City shall be billed by the County on a quarterly basis for all incurred costs. L. EVP Emitter Units may be installed on and used only by Emergency Vehicles responding to an emergency as defined in Minnesota Statutes §169.01, Subdivision 5, and § 169.03. The City shall provide a list to the County Traffic Engineer, or the County's duly appointed representative, of all such vehicles with emitter units on an annual basis. the County. M. Malfunctions of the EVP System shall be immediately reported to N. All timing of said EVP System shall be determined by the County. 0. In the event said. EVP System or components are, in the opinion of the County, being misused, or the conditions set forth are violated, and such misuse or violation continues after receipt by the City, written notice thereof from the County, the County shall remove the EVP System. Upon removal of the EVP System pursuant to this paragraph, the field wiring, cabinet wiring, detector receiver, infrared detector heads and indicator lamps and all other components shall become the property of the County. XI. NOTICE For purposes of delivery of any notices hereunder, the notice shall be effective if delivered to th.e County Administrator of Anoka. County 2100 Third Avenue North; Anoka, Minnesota 55303, on behalf of the County, and the City Administrator of Lino Lakes, 600 Town Center Pkwy., Lino Lakes, Minnesota 55014, on behalf of the City. XIL INDEMNIFICATION The City and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted . by either party under this Agreement. 5 03/29/2002 14:29 ANOKA CO HWY DPT 4 96519822499 • • NO.505 D06 P :102.10.23\L1ocurnentslDraf Lino Lakes !PA.doc XIII. ENTIRE AGREEMENT REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of thin Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. 6 03/29/2002 14:29 ANOKA CO FWY OPT + 9 P:\02-10-23\Documants \Draf Lino L*ke 1PA.4oe IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below: COUNTY 01? ANOKA CITY OF LINO LAKES By: Dan Erhart, Chairman Name Anoka County Board Title of Commissioners Dated: _ _ Dated: ATTEST: By, By: John "Jay" McLinden Anoka County Administrator Dated: RECOMMENDED FOR APPROVAL: Name Title Dated: By: By: Douglas W. Fischer, P.E. Anoka County Director of Highways APPROVED AS TO FORM AND EXECUTION: Name Title By: By: Dan 'Clint Name Assistant Anoka County Attorney 7