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09/27/2004 Council Packet
EXPANDED AGENDA CITY OF LINO LAKES Monday, September 27, 2004 EDA Meeting, 6 p.m. (6:00 p.m. to 6:55 p.m.) Council Chambers City Council meeting (6:58 P.M.) 6:30 p.m. (Scheduled to be broadcast on Channel 16) Open Mike THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK. Call to Order and Roll Call ALL PRESENT. Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items MAYOR BERGESON NOTED THE ADDITION OF AGENDA ITEM 3B, REGARDING CHANGING THE OCTOBER 112004 COUNCIL MEETING DATE. 1. Consent Agenda — COUNCILMEMBER CARLSON REQUESTED THE REMOVAL OF ITEMS 1 B, C, E, AND F FROM THE CONSENT AGENDA. THE COUNCIL REMOVED THESE ITEMS TO ITEM 7, UNFINISHED BUSINESS. A) Consideration of Expenditures: i) September 27, 2004 (Check No. 71937 through 72058 in the amount of $643,528.51). Pg. 4 -16 Centennial Fire District (Check No. 14435 through 14452 in the amount of $9,279.59). Pg. 17 B) Consider approval of minutes of March 17, 2004 Council Work Session C) Consider approval of minutes of August 23, 2004 City Council Meeting E) Consider approval of minutes of August 26, 2004 Annual Budget Work Session Page 1 EXPANDED AGENDA F) Consider approval of minutes of September 2, 2004 Special Council Work Session, Legacy Project G) Consider approval of minutes of September 8, 2004 Council Work Session MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER CARLSON, FOR APPROVAL OF THE CONSENT AGENDA, INCLUDING ITEMS 1 A, AND 1 G. THE MOTION PASSED UNANIMOUSLY. 2. Finance Department Report, Al Rolek A) Consider Resolution No. 04 -142 Authorizing the Sale of General Obligation Improvement Bonds Series 2004A Pg. 18A - -18Z MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER CARLSON, FOR ADOPTION OF RESOLUTION NO. 04- 142 AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. 3. Administration Department Report, Dan Tesch A) Consider Resolution No. 04 -141, Rescheduling Dates for December Council Meeting and December Council Work Session, Dan Tesch Pg. 19 -20 MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO. 04-141 AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. B) Resolution 04 -143, Changing the Date of the October 11, 2004 Regularly Scheduled Council Meeting, Dan Tesch Pg. 20A -20B MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 04-143 AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. 4. Public Safety Department Report, Dave Pecchia A) None. 5. Public Services Department Report, Rick DeGardner A) Public Hearing, Consider 2 "d Reading of Ordinance 11 -04, Winter Parking Restrictions, Rick DeGardner Pg. 21 -22 MAYOR BERGESON OPENED THE PUBLIC HEARING ON THIS ITEM AT 7:15 P.M. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK. Page 2 EXPANDED AGENDA MOTION BY COUNCILMEMBER CARLSON, SECONDED BY COUNCILMEMBER STOLTZ, TO CLOSE THE PUBLIC HEARING AT 7:15 P.M. THE MOTION PASSED UNANIMOUSLY. MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER REINERT, APPROVING SECOND READING OF ORDINANCE NO. 11 -04 AS RECOMMENDED BY STAFF. UPON ROLL CALL VOTE, THE MOTION PASSED UNANIMOUSLY. 6. Community Development Department Report, Michael Grochala A) Consideration of Resolution No. 04 -140, Approving Preliminary Plat and MUSA Allocation, Speiser Acres, Paul Bengston Pg. 23 -37 MOTION BY COUNCILMEMBER CARLSON, SECONDED BY COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 04-140 AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. B) Pheasant Hills Preserve, 12th Addition, Jeff Smyser Pg. 38 -82 i. Consider 1st Reading of Ordinance No. 22 -04, Rezoning property from R -X to Residential / Planned Unit Development MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER CARLSON, APPROVING FIRST READING OF ORDINANCE NO. 22-04 AS RECOMMENDED BY STAFF. UPON ROLL CALL VOTE, THERE WERE FOUR AYES AND ONE NAY. THE MOTION PASSED. COUNCILMEMBERS REINERT, DAHL, CARLSON AND STOLTZ VOTED AYE. MAYOR BERGESON VOTED NAY. ii. Consider Resolution No. 04 -136, Planned Unit Development Stage Plan / Preliminary Plat, and Allocation of MUSA reserve MOTION BY COUNCILMEMBER CARLSON, SECONDED BY COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO. 04-136 AS RECOMMENDED BY STAFF. VOTE: FOUR AYES, ONE NAY. THE MOTION PASSED. COUNCILMEMBERS REINERT, DAHL, CARLSON AND STOLTZ VOTED AYE. MAYOR BERGESON VOTED NAY. iii. Consider Resolution No. 04 -137, Variance to Allow Infrastructure Construction prior to Final Plat MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER CARLSON, FOR ADOPTION OF RESOLUTION NO. 04- 137 AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. Page 3 EXPANDED AGENDA C) Public Hearing. Consideration of Resolution No. 04 -139, Approving Redevelopment Contract for Legacy At Woods Edge, Mary Divine Pg. 83 -93 FOUR OF THE AUDIENCE MEMBERS IN ATTENDANCE SPOKE ON THIS ITEM, ALL WERE SUPPORTIVE OF THE ACTION. MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER STOLTZ, TO CONTINUE THE PUBLIC HEARING ON THIS ITEM UNTIL THE OCTOBER 12, 2004 CITY COUNCIL MEETING. THE MOTION PASSED UNANIMOUSLY. D) Resolution No. 04 -138, Authorizing Application for Metropolitan Council Loan Program, Mary Divine Pg. 94 -96 MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO. 04 -138 AS RECOMMENDED BY STAFF. VOTE: THREE AYES, TWO NAYS. THE MOTION PASSED. COUNCILMEMBERS REINERT, BERGESON AND STOLTZ VOTED AYE. COUNCILMEMBERS CARLSON AND DAHL VOTED NAY. E) Public Hearing, Consider 1st Reading of Ordinance 03 -04, Vacating Drainage and Utility Easements and Accepting New Easements, Lot 2, Block 1, Oak Brook Peninsula, Jim Studenski (Continue Public Hearing to October 25, 2004 City Council Meeting) Pg. 97 MOTION BY COUNCILMEMBER DAHL, SECONDED BY COUNCILMEMBER STOLTZ, TO CONTINUE THE PUBLIC HEARING ON THIS ITEM TO THE OCTOBER 25, 2004 REGULAR COUNCIL MEETING AS RECOMMENDED BY STAFF. THE MOTION PASSED UNANIMOUSLY. 7. Unfinished Business A) MARCH 17, 2004 COUNCIL WORK SESSION MINUTES B) AUGUST 23, 2004 CITY COUNCIL MINUTES C) AUGUST 26, 2004 BUDGET WORK SESSION MINUTES D) SEPTEMBER 2, 2004 SPECIAL WORK SESSION MINUTES COUNCILMEMBER CARLSON NOTED A CORRECTION TO THE AUGUST 23 MINUTES. Page 4 EXPANDED AGENDA MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER REINERT, APPROVING THE MARCH 17 MEETING MINUTES AS PRESENTED. VOTE: THREE AYES, ONE NAY. THE MOTION PASSED. COUNCILMEMBERS REINERT, BERGESON AND STOLTZ VOTED AYE. COUNCILMEMBER CARLSON VOTED NAY. COUNCILMEMBER DAHL ABSTAINED. COUNCILMEMBER CARLSON OBJECTED TO THE SHORTENED FORMAT OF THE AUGUST 26 AND SEPTEMBER 2 MINUTES. MOTION BY COUNCILMEMBER REINERT, SECONDED BY COUNCILMEMBER STOTLZ, APPROVING THE MINUTES OF AUGUST 23 AS CORRECTED, AND THE MINUTES OF AUGUST 26 AND SEPTEMBER 2 AS SUBMITTED. THE MOTION PASSED UNANIMOUSLY. 8. New Business A) None. 9. Community Calendar, September 27, 2004 through October 11, 2004: A) Environmental Board Meeting, Wednesday, September 29, 2004, 6:30 p CANCELLED B) Park Board Meeting, Monday, October 4, 2004, 6:30 p.m. C) Council Work Session, Wednesday, October 6, 2004, 5:30 p.m. D) EDAC Meeting, Thursday, October 7, 2004, 7:00 a.m. E) City Council Meeting, Tuesday, October 12, 2004, 6:30 p.m.* F) EDA Meeting, Tuesday, October 12, 2004 following the Council meeting *. *Date change due to LMC Conference. 10. Adjourn MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY COUNCILMEMBER REINERT, TO ADJOURN THE MEETING AT 10:19 P.M. THE MOTION PASSED UNANIMOUSLY. Revised 09/27/04 ajb 6:10 p.m. Page 5 • AGENDA ECONOMIC DEVELOPMENT AUTHORITY MONDAY SEPTEMBER 27, 2004 6:00 P.M. 1. Call to Order and Roll Call 2. Consideration of Minutes of February 23, 2004 3. Public Hearing: Consideration of Sale of Property to E.G. Rud & Sons Land Surveyors 3A. Consideration of Resolution No. 04 -02 authorizing the sale of property_ 4. Adjourn • AGENDA CITY OF LINO LAKES Monday, September 27, 2004 EDA Meeting, 6 p.m. Council Chambers City Council meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) Open Mike Call to Order and Roll Call Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items Consent Agenda A) Consideration of Expenditures: i) September 27, 2004 (Check No. 71937 through 72058 in the amount of $643,528.51). Pg. 4 -16 ii) Centennial Fire District (Check No. 14435 through 14452 in the amount of $9,279.59). Pg. 17 B) Consider approval of minutes of March 17, 2004 Council Work Session C) Consider approval of minutes of August 23, 2004 City Council Meeting E) Consider approval of minutes of August 26, 2004 Annual Budget Work Session F) Consider approval of minutes of September 2, 2004 Special Council Work Session, Legacy Project G) Consider approval of minutes of September 8, 2004 Council Work Session 2. Finance Depailinent Report, Al Rolek A) Consider Resolution No. 04 -142 Authorizing the Sale of General • Obligation Improvement Bonds Series 2004A Page 1 Pg. 18A - -18Z AGENDA • 3. Administration Department Report, Dan Tesch • A) Consider Resolution No. 04 -141, Rescheduling Dates for December Council Meeting and December Council Work Session, Dan Tesch Pg. 19 -20 4. Public Safety Depai liuent Report, Dave Pecchia A) None. 5. Public Services Depai tuient Report, Rick DeGardner A) Public Hearing, Consider 2nd Reading of Ordinance 11 -04, Winter Parking Restrictions, Rick DeGardner Pg. 21 -22 6. Community Development Department Report, Michael Grochala A) Consideration of Resolution No. 04 -140, Approving Preliminary Plat and MUSA Allocation, Speiser Acres, Paul Bengston Pg. 23 -37 Pheasant Hills Preserve, 12th Addition, Jeff Smyser Pg. 38 -82 i. Consider 1St Reading of Ordinance No. 22 -04, Rezoning property from R -X to Residential / Planned Unit Development ii. Consider Resolution No. 04 -136, Planned Unit Development Stage Plan / Preliminary Plat, and Allocation of MUSA reserve iii. Consider Resolution No. 04 -137, Variance to Allow Infrastructure Construction prior to Final Plat C) Public Hearing. Consideration of Resolution No. 04 -139, Approving Redevelopment Contract for Legacy At Woods Edge, Mary Divine Pg. 83 -93 D) Resolution No. 04 -138, Authorizing Application for Metropolitan Council Loan Program, Mary Divine Pg. 94 -96 E) Public Hearing, Consider 1st Reading of Ordinance 03 -04, Vacating Drainage and Utility Easements and Accepting New Easements, Lot 2, Block 1, Oak Brook Peninsula, Jim Studenski (Continue Public Hearing to October 11, 2004 City Council Meeting) Pg. 97 7. Unfinished Business Paget • • • AGENDA A) None. 8. New Business A) None. 9. Community Calendar, September 27, 2004 through October 11, 2004: A) Environmental Board Meeting, Wednesday, September 29, 2004, 6:30 p7ffi7 CANCELLED B) Park Board Meeting, Monday, October 4, 2004, 6:30 p.m. C) Council Work Session, Wednesday, October 6, 2004, 5:30 p.m. D) EDAC Meeting, Thursday, October 7, 2004, 7:00 a.m. E) City Council Meeting, Monday, October 11, 2004, 6:30 p.m. F) EDA Meeting, Monday, October 11, 2004 following the Council meeting. 10. Adjourn Revised 09/24/04 ajb 9:20 a.m. Page 3 • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 • 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 41045 DATE MEMBERS PRESENT MEMBERS ABSENT OTHERS PRESENT CITY OF LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY MINUTES : February 23, 2004 : J. Bergeson, D. Carlson, C. Dahl, D. Stoltz (part), J. Reinert : None : Gordon Heitke, Mary Divine, Michael Grochala CONSIDERATION OF MINUTES OF NOVEMBER 24, 2003 EDA Member Bergeson moved to approve the November 24, 2003 minutes, as presented. EDA Member Reinert seconded the motion. Motion passed. CONSIDERATION OF ANNUAL APPOINTMENTS Ms. Divine summarized the Staff report, noting the various appointments to be made. EDA Member Reinert moved to appoint EDA Member Stoltz as President. EDA Member Bergeson seconded the motion. EDA Member Dahl asked if anyone else had yet to serve as President besides EDA Member Stoltz. Ms. Divine indicated she did not bring a list of the past President's, but remembers that EDA Member Bergeson was President the year before last. EDA Member Reinert noted he has not served as President. EDA Member Dahl asked if she has ever been President. Ms. Divine indicated she believes EDA Member Dahl was President for one year. Vote: 2 Ayes, 2 Nays. Motion failed. EDA Member Carlson and EDA Member Dahl opposed. EDA Member Dahl moved to appoint EDA Member Reinert as President. EDA Member Bergeson seconded the motion. EDA Member Dahl noted EDA Member Reinert would be next in line, and she likes it to be equal. Motion passed unanimously. EDA Member Stoltz absent. Ms. Divine noted that EDA Member O'Donnell was Vice President in 2003. EDA Member Dahl asked who else has been Vice President. Ms. Divine indicated that again, she is not sure who else has served in this capacity. EDA Member Carlson noted she believes EDA Member Dahl was Vice President the year before. EDA MINUTES FEBRUARY 23, 2004 DRAFT ill46 EDA Member Dahl moved to appoint EDA Member Carlson Vice President. EDA Member Reinert ,7 seconded the motion. 48 49 Motion passed unanimously. EDA Member Stoltz absent. 50 51 Ms. Divine indicated EDA Member Dahl was Treasurer in 2003. 52 53 EDA Member Bergeson moved to appoint EDA Member Stoltz as Treasurer. EDA Member Dahl 54 seconded the motion. 55 56 Motion passed unanimously. EDA Member Stoltz absent. 57 58 Ms. Divine indicated items four through eight could be done in one motion. She read the 59 appointments. 60 61 EDA Member Bergeson moved to recommend items four through eight continue with the same 62 individuals and agencies as stated in the Staff report. EDA Member Reinert seconded the motion. 63 64 Motion passed unanimously. EDA Member Stoltz absent. 65 66 CONSIDERATION OF RESOLUTION NO. 04-01 AUTHORIZING THE SALE OF 67_- .__PROPERTY AT 6508HOD_GSON ROAD 68 69 EDA Member Dahl moved to open the public hearing at 6:18 p.m. EDA Member Reinert seconded 70 the motion. 71 72 Motion passed unanimously . EDA Member Stoltz absent. 73 74 Ms. Divine summarized the Staff report, indicating Staff recommends approval. 75 76 EDA Member Bergeson asked if the action of the EDA was positive, the item would come to the City 77 Council for approval. Ms. Divine explained that the City Attorney advised the property was 78 purchased by the EDA, so it is being sold by the EDA. It does not need to go to the City Council, but 79 needs to be approved by resolution by the EDA. 80 81 EDA Member Carlson asked what other property in the city the EDA owns. Ms. Divine indicated she 82 is not aware of any other property, nor is she sure why the EDA bought this parcel, except that it was 83 a tax forfeiture at the time and the City Attorney must have advised Staff to purchase it through the 84 EDA. EDA Member Carlson stated she spoke with Mr. Grochala about this property earlier today, 85 and then became concerned there may be other parcels in this same scenario. 86 87 EDA Member Dahl asked again why it would happen that the EDA owns the property rather than the 88 City. Ms. Divine stated she does not know, and unfortunately the City Attorney is not in attendance S89 to shed light on the subject. She indicated that she would guess that because it was Anoka County 90 property, and because of the tax forfeiture issues that this was the best way to do it. EDA MINUTES FEBRUARY 23, 2004 DRAFT •91 2 EDA Member Dahl moved to close the public hearing at 6:21 p.m. EDA Member Bergeson seconded 93 the motion. 94 95 Motion passed unanimously. EDA Member Stoltz absent. 96 97 EDA Member Bergeson moved to adopt Resolution No. 04 -01 approving the sale of property at 6508 98 Hodgson Road. EDA Member Reinert seconded the motion. 99 100 EDA Member Dahl asked why they would not want to sell the right -of -way to Anoka County and 101 keep the remainder of the property to sell to Apitz Garage or someone else. Ms. Divine stated that the 102 remainder of the property as its own parcel is not large enough to sell for commercial use. She noted 103 the City was getting full market value for the property, and the deal was worked out with Anoka 104 County and Apitz Garage. 105 106 EDA Member Dahl stated the taxed market value is $89,600, and she is aware you can generally sell 107 property for somewhat higher than the taxed market value, but agreed the City is getting somewhat of 108 a fair price for the land. She indicated as she passed the property tonight she saw a number of cars 109 parked there, so she believes Apitz Garage is using the property already, which does not bother her 110 unless the City were liable if someone got hurt. 111 112_ _ Ms.- Divine stated she is not aware of any use of This. proper EDA-Member - Dahl-stated -she did see - t3 a line of cars on the property. She questioned if the City has insurance on the property in case .14 someone gets hurt. She stated she would still like control of that intersection being there is a lot of 115 development going on, but understands selling it to Anoka County if they plan to sell the remainder to 116 Apitz Garage. She noted Apitz Garage must want the property since they are already using it. 117 118 Community Development Director Grochala explained that the property in question is small, and Mr. 119 Grubbs owns property all around it. 120 121 EDA Member Stoltz joined the meeting at 6:28 p.m. 122 123 EDA Member Reinert indicated he agrees with selling the entire piece to the County for market value. 124 He stated they could splice the property up, but the City would end up with the same money. He 125 stated the City is not losing money because they are getting fair market value for the land. He 126 indicated they could squabble over selling the extra land to Apitz Garage themselves, but Apitz 127 Garage may not want the land if they have to pay for it. Ms. Divine noted Anoka County would be 128 selling the land to Apitz Garage, not giving it to them. 129 130 EDA Member Reinert stated the City is getting a good increase over the price they purchased the land 131 for in 1995. He believes the City is coming out good, and the County is getting the land they want. 132 133 EDA Member Dahl reiterated her concern is that the City will lose control of the intersection. She Aik134 stated while they would be making money either way, she is more concerned about losing control. lip 35 3 EDA MINUTES FEBRUARY 23, 2004 DRAFT 36 Vote: 4 Ayes, 1 Nay. Motion passed. EDA Member Dahl opposed. 7 138 ADJOURNMENT 139 140 There being no further business, EDA Member Reinert moved to adjourn. EDA Member Stoltz 141 seconded the motion. Motion passed unanimously. 142 143 Meeting adjourned at 6:31 p.m. 144 145 Transcribed by: 146 Karen Bucklen 147 TimeSaver Off Site Secretarial, Inc. 148 • DATE MEMBERS PRESENT MEMBERS ABSENT OTHERS PRESENT DRAFT CITY OF LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY MINUTES : September 27, 2004 : J. Bergeson, D. Carlson, C. Dahl, J. Reinert, D. Stoltz : None : Gordon Heitke, Mary Divine, Michael Grochala and Bill Hawkins CONSIDERATION OF MINUTES OF FEBRUARY 23, 2004 EDA Member Bergeson moved to approve the minutes of the February 23, 2004 EDA Meeting. EDA Member Stoltz seconded the motion. Motion passed unanimously. CONSIDERATION OF SALE OF PROPERTY TO E.G. RUD & SONS LAND SURVEYORS A. Consideration of Resolution No. 04 -02 Authorizing the Sale of Property. Ms. Divine summarized the Staff report, indicating Staff is recommending approval. President Reinert opened the public hearing at 6:12 p.m. The EDA asked about access to the property, which Ms. Divine explained comes from Hodgson Road and also a left turn lane that goes to the Shaw Property, where access would have to be granted. EDA Member Carlson expressed concern about the amount of lakeshore, and if the City was getting the full value for the property. She indicated it is really six acres of property, even if it is not all buildable land. She questioned why the City would not try to keep land along the lake since they are not being paid for it anyway. She noted it is a good company that will provide a quality building, but she is concerned they are missing an opportunity for public ownership of lakeshore at a time when they are looking to purchase lakeshore. Staff explained how the piece of property came to be, noting it was pieced together from several other situations. The utility easement on the property was clarified, as well as the fact that that easement is a power company easement and cannot be vacated. Ms. Divine clarified the appraisal is based on the full amount of acreage and on market value, not on the buildable portion of land. She indicated while this property was not advertised for sale because Staff was working on clearing up title issues, they have had people come in and ask about it, and when the property was appraised they received this full market value offer, which they brought to the EDA. She indicated if there were going to turn down this offer and put it on the market they would have to make the decision to sell it for more than the appraised value. EDA MINUTES SEPTEMBER 27, 2004 DRAFT 46 Jason Rud, Rud and Sons gave the history of the company, noting they are anxious to move their 47 offices to this property in Lino Lakes. He noted they have one tenant, who is a civil engineer that will 48 move with them, and gave a brief description of the type of building they would envision. 49 50 President Reinert closed the public hearing at 6:31 p.m. 51 52 City Attorney Hawkins noted a correction to the resolution, the second to the last paragraph, which 53 should read `Staff and City Attorney are hereby authorized and directed to prepare a purchase 54 agreement with the Buyer for the purchase of the property for the amount of $300,000.' 55 56 EDA Member Bergeson stated he would support this action, and thinks Staff has negotiated in good 57 faith. He indicated this is not necessarily a highly saleable parcel, and he thinks the use is ideal. He 58 does not want a high traffic user close to the corner. 59 60 EDA Member Dahl disagreed, indicating she feels this is a highly prized corner as well as being 61 lakeshore. She did agree Staff did a good job bringing this offer. 62 63 Community Development Director Grochala offered that the plat includes a portion of the lake, so 64 nearly half of the six acres is lake, and the remaining land is further encumbered with easements. He 65 stated after applying setbacks, the area you could actually place a building on is about a half acre 66 parcel, therefore the appraiser averaged out the square footage values and came up with an appraisal 67 of $300,000. He noted they are getting more out of this parcel than Staff thought possible. 68 69 EDA Member Stoltz expressed his support for the sale and for Staff's process for determining fair 70 market value. He added this parcel has been dormant on the tax rolls so the longer the City delays the 71 sale the longer the lack of income will continue. He agreed it is a gateway to the community, and 72 believes the Rud and Sons building would be a great addition to the community. 73 74 EDA Member Carlson noted the ponding and following easement agreement is important to her, and 75 she thinks $300,000 is an appropriate bid, so she will support. 76 77 President Reinert echoed the comments that this is a good use of land. He indicated he agrees with 78 EDA Member Carlson that they should save lakeshore when they can, but would like to see it be 79 useable lakeshore and not just add maintenance for the City. 80 81 EDA Member Bergeson moved to adopt Resolution No. 04 -02 authorizing the sale of property at the 82 northeast corner of Highway 23 and Highway 49, with the correction noted by City Attorney 83 Hawkins. EDA Member Stoltz seconded the motion. 84 85 Motion carried unanimously. 86 87 ADJOURNMENT 88 89 There being no further business, EDA Member Carlson moved to adjourn. EDA Member Bergeson 90 seconded the motion. Motion passed unanimously. 2 EDA MINUTES SEPTEMBER 27, 2004 DRAFT 91 92 Meeting adjourned at 6:50 p.m. 93 94 Transcribed by: 95 Karen Bucklen 96 TimeSaver Off Site Secretarial, Inc. 97 3 • • STAFF ORIGINATOR: DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 3 Mary Alice Divine 9/27/04 Consideration of Resolution No. 04 -02 Authorizing the Sale of Property at the northeast corner of Highway 23 (Lake Drive) and Highway 49 (Hodgson Road) 3/5 The EDA owns 4.4 acres of property on the northeast corner of Hodgson Road and Lake Drive. This property was obtained as a part of the realignment of Hodgson Road. The property is zoned General Business and the intent of the EDA was to sell it for economic development -purposes E.G. Rud & Sons Land Surveyors has submitted a purchase agreement for the property for the location of its offices. The city completed an appraisal of the property. The appraisal indicated that the market would likely realize only 1.39 acres of the property as buildable, with the excess land providing some support site improvements, landscaping and view -shed amenity. Based on the 1.39 buildable acres, the appraisal placed the estimated value of the property at $300,000, or $4.95/sq. ft. An overhead power line traverses the site, and interferes with the use of the parcel and the view of the lake. The purchase agreement states that the city will pay for one -half of the cost of burying the power line, up to a maximum of $25,000. The buyer has put down earnest money on the parcel and the anticipated closing is before December 31, 2004. If an extension of the closing is required, additional earnest money will be required after this date. This resolution authorizes the sale of the property and directs staff and city attorney to execute the agreement. • OPTIONS: 1. Approve Resolution No. 04 -02 authorizing sale of property to E.G. Rud & Sons Land Surveyors 2. Do not authorize the sale. 3. Return to staff for further consideration RECOMMENDATION: Option 1 • Area Map kR Side Fe 4 � 200I:D•eLosme. Street Atlas USA; CO 2001 GDT, Inc., Rel. 01/2001 Baldwin Lake • LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 04-02 RESOLUTION AUTHORIZING THE SALE OF PROPERTY WHEREAS, The Lino Lakes Economic Development Authority (the "Authority ") owns 4.4 acres of property (the "Property") on the northeast corner of Highway 23 (Lake Drive) and Highway 49 (Hodgson Road): and WHEREAS, the real property is described as: That part of Government Lot 1, Section 30, Township 31, Range 22, Anoka County, Minnesota and all of that part of the right of way of State Highway No. 49 (also known as Hodgson Road) lying within said Government Lot 1, lying northwesterly of the southeasterly right of way line of said State Highway No. 49, lying southeasterly of a line parallel with and distant 75.00 feet southeasterly of Line A as described below, lying northeasterly of a line parallel with and distant 64.00 feet northeasterly of Line B as described below and lying northeasterly of a line parallel with and distant 74.00 feet northeasterly of Line -C as described below: Line A: Beginning at a point on the west line of Section 25, Township 31, Range 23, distant 944.55 feet north of the southwest corner thereof; thence northeasterly at an angle of 48 degrees 18 minutes 00 seconds from said west section line (measured from north to east) 247.30 feet; thence northeasterly deflecting to the right 09 degrees 52 minutes 00 seconds a distance of 8400.70 and said line there terminating. Line B: Commencing at the northwest corner of said Section 30; thence on an assumed bearing of South 89 degrees 54 minutes 18 seconds East along the north line of the Northwest Quarter of said Section 30 a distance of 1596.26 to the point of beginning of the line to be described, said north line of the Northwest Quarter also being the north line of said Government Lot 1; thence South 40 degrees 01 minute 05 seconds East 109.40 feet; thence southeasterly 429.10 feet along a tangential curve concave to the southwest having a central angle of 30 degrees 02 minutes 14 seconds and a radius of 818.51 feet and said line there terminating. Line C: Beginning at the terminus of Line B as described above; thence South 09 degrees 58 minutes 51 seconds East and tangent to last above described curve 393.10 feet and said line there terminating. TOGETHER with all that part of Lot 17, Auditor's Subdivision No. 151, Anoka County, Minnesota and all that part of the right of way of State Highway No. 49 (also known as Hodgson Road) lying within Government Lot 3, Section 19, Township 31, Range 22, and lying • • • northwesterly of the southeasterly right of way line of said State Highway No. 49 and lying southeasterly of a line parallel with and distant 75.00 feet southeasterly of the following described line: Beginning at a point on the west line of Section 25, Township 31, Range 23, distant 944.55 feet north of the southwest corner thereof; thence northeasterly at an angle of 48 degrees 18 minutes 00 seconds from said west section line (measured from north to east) 247.30 feet; thence northeasterly deflecting to the right 09 degrees 52 minutes 00 seconds a distance of 9120.00 feet and said line there terminating. Subject to all right of access, being the right of ingress to and egress from the two above described properties to County State Aid Highway No. 23, also known as Lake Drive. WHEREAS, Ernest G. Rud, together with Marian Rud, Jason Rud and Karla Rud (collectively the "Buyer ") has agreed to purchase the property from the Authority for an amount of $300,000; and WHEREAS, the Authority has agreed to divide the cost of burying power lines on the Property at a cost that will not exceed $25,000 to the Authority; and WHEREAS, the Authority has determined that the Property is no longer needed for any public purpose. NOW, THEREFORE, BE IT RESOLVED by the Lino Lakes Economic Development Authority as follows: Staff and City Attorney are hereby authorized and directed to enter into a purchase agreement with the Buyer for the purchase of the property for the amount of $300,000. The President, Executive Director, staff and City Attorney are hereby authorized and directed to take any and all other steps necessary or convenient in order to accomplish the sale of the Property. September 27, 2004. ATTEST: Executive Director President EXPENDITURES SEPTEMBER 27, 2004 Date: 09/09/2004 Time: 09:47:15 City of Lino Lakes FM Entry - Invoice Journal • Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 4172 4172 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 000032 LEIBEL, KYLE 1 53.24 53.24 .00 .00 000170 JANZEN, KARI 1 64.00 64.00 .00 .00 000178 MINARICH, DIANE 1 74.00 74.00 .00 .00 000180 THILL, DEB 1 74.00 74.00 .00 .00 000408 AFSCME COUNCIL #14 1 646.71 646.71 .00 .00 000879 PREFERRED ONE COMMUNITY HEALTH PLAN 1 33,238.50 33,238.50 .00 .00 001187 CONNEXUS ENERGY 1 3,589.26 3,589.26 .00 .00 001301 DELTA DENTAL PLAN OF MINNESOTA 1 3,808.50 3,808.50 .00 .00 001550 FORTIS BENEFITS, INC. 1 821.84 821.84 .00 .00 iiiii KATH AUTO PARTS, INC. 1 53.10 53.10 .00 .00 SUBURBAN LAW ENFORCEMENT ASSOCIATION 1 20.00 20.00 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 777.00 777.00 .00 .00 002890 MILLER, CHRIS 1 375.00 375.00 .00 .00 003443 OTTER LAKE ANIMAL CARE CENTER, INC. 2 1,246.91 1,246.91 .00 .00 004350 T.K.D.A. 1 867.50 867.50 .00 .00 004560 U S BANK 1 2,950.16 2,950.16 .00 .00 004671 VERIZON WIRELES, BELLEVUE 1 57.64 57.64 .00 .00 Grand Totals: 18 48,717.36 48,717.36 .00 .00* • -5- Date: 09/16/2004 Time: 15:48:05 City of Lino Lakes FM Entry - Invoice Journal Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 4174 4174 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Sort: N Operator: pms Page: 1 Invoice Status: A # of copies: 1 Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000065 SCHARBER & SONS, INC. 1 6,353.79 6,353.79 .00 .00 000067 A/L SOD 1 116.83 116.83 .00 .00 000080 ABLE HOSE AND RUBBER, INC. 1 235.38 235.38 .00 .00 000093 ACE SOLID WASTE, INC. 1 451.19 451.19 .00 .00 000097 DAVE PERKINS CONTRACTING, INC. 1 30,484.55 30,484.55 .00 .00 000103 ONVOY, INC. 1 47.50 47.50 .00 .00 000117 ST. LOUIS PARK, CITY PARK /REC 1 162.00 162.00 .00 .00 000162 BARNA, GUZY & STEFFEN, LTD. 1 336.00 336.00 .00 .00 000174 W. W. GOETSCH ASSOCIATES, INC. 1 3,100.00 3,100.00 .00 .00 000181 ASLET 1 45.00 45.00 .00 .00 elkGRANGER, HAROLD & JEAN 1 220.00 220.00 .00 .00 000186 MINNESOTA CITIES /MN DEPT OF PUB CITY 1 25.00 25.00 .00 .00 000189 FOREST LAKE NAPA 1 35.41 35.41 .00 .00 000191 MACQUEEN EQUIPMENT, INC. 1 1,457.88 1,457.88 .00 .00 000196 SNO- BARONS SNOWMOBILE CLUB 1 332.30 332.30 .00 .00 000202 MAVIS, ARNIE 1 1,305.00 1,305.00 .00 .00 000204 NATIONAL DRUB ENFORCEMENT OFFICERS 1 45.00 45.00 .00 .00 000206 WABASHA STREET CAVES 1 300.00 300.00 .00 .00 000208 SOUTH EAST TOWING, INC. 1 106.50 106.50 .00 .00 000209 CITY OF RICHFIELD 1 272.00 272.00 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 4 69.69 69.69 .00 .00 000211 CONTRACTORS REFINISHING SERVICES, INC. 1 98.45 98.45 .00 .00 • Date: 09/16/2004 Time: 15:48:06 City of Lino Lakes FM Entry - Invoice Journal Operator: pms Page: 2 V # Name Discount # of items Net Gross Discount Lost 000212 DENNY'S EMERGENCY SERVICE INC. 1 750.00 750.00 .00 .00 000214 NATIONAL LAW ENFORCEMENT TRAINING CENTER 1 275.00 275.00 .00 .00 000217 POLAR CHEVROLET & MAZDA 1 83.98 83.98 .00 .00 000226 AUTOMOTIVE DRIVE LINE, INC. 1 47.90 47.90 .00 .00 000234 W.B. MILLER, INC. 1 73,424.73 73,424.73 .00 .00 000239 WILLIAM A. BURROWS 1 750.00 750.00 .00 .00 000274 LYNN PEAVEY COMPANY, INC. 1 94.60 94.60 .00 .00 000293 WIPERS AND WIPES, INC. 1 196.64 196.64 .00 .00 000295 HARRIS COMPANIES, INC. 1 265.00 265.00 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 1 119.00 119.00 .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 86.87 86.87 .00 .00 000369 A -1 HYDRAULIC SALES /SERVICE, INC. 1 103.88 103.88 .00 .00 000375 SYCOM, INC. 1 1,944.00 1,944.00 .00 .00 000468 RELIASTAR LIFE INSURANCE COMPANY 1 1,350.83 1,350.83 .00 .00 000539 TARGET 1 86.22 86.22 .00 .00 • STATE OF MINNESOTA 1 30.00 30.00 .00 .00 000627 J. P. COOKE COMPANY, INC. 1 50.91 50.91 .00 .00 000724 BLUE TOW SERVICE, INC. 3 335.60 335.60 .00 .00 000833 BROCK WHITE, INC. 2 1,989.52 1,989.52 .00 .00 000882 CORNERSTONE HOME BUILDER 1 4,800.00 4,800.00 .00 .00 000900 W E LAHR COMPANY 1 227.07 227.07 .00 .00 000930 WILLIAM G. HAWKINS & ASSOCIATES 1 15,390.60 15,390.60 .00 .00 000946 C. P. OFFICE PRODUCTS 3 381.14 381.14 .00 .00 000947 DIAMOND VOGEL PAINTS, INC. 1 321.43 321.43 .00 .00 000980 UNITED RENTALS, INC. 1 68.01 68.01 .00 .00 001062 CULLIGAN, BOTTLED WATER, INC. 1 121.42 121.42 .00 .00 001070 CENTURY FENCE COMPANY, INC. 1 36.42 36.42 .00 .00 • Date: 09/16/2004 Time: 15:48:06 Name City of Lino Lakes Operator: pms Page: FM Entry - Invoice Journal Discount # of items Net Gross Discount Lost 001148 CLEARWATER CREEK CONVENIENCE CENTER, INC 1 55.38 55.38 .00 .00 001260 ACCLAIM BENEFITS 1 144.20 144.20 .00 .00 001292 DEHN OIL COMPANY, INC. 2 4,011.76 4,011.76 .00 .00 001380 EARL ANDERSON ASSOCIATION, INC. 1 574.39 574.39 .00 .00 001475 TASER INTERNATIONAL, INC. 1 75.00 75.00 .00 .00 001480 HAWKINS WATER TREATMENT GROUP, INC. 2 6,780.83 6,780.83 .00 .00 001529 FOREST LAKE FLORAL, INC. 1 50.04 50.04 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 4 47.11 47.11 .00 .00 001583 JASPER ENGINE /TRANSMISSION EXCHANGE, INC 1 2,207.40 2,207.40 .00 .00 001610 GILLUND ENTERPRISES, INC. 1 116.55 116.55 .00 .00 001620 GLENWOOD INGLEW00D, INC. 1 62.62 62.62 .00 .00 001621 GREG LARSON SPORTS - GLS, INC. 1 55.08 55.08 .00 .00 001680 ONE CALL CONCEPTS, INC. 1 477.25 477.25 .00 .00 001768 H & L MESABI, INC. 2 905.34 905.34 .00 .00 001971 INFRATECH TECHNOLOGIES, INC. 2 190.74 190.74 .00 .00 O• J- CRAFT, INC. 1 19.71 19.71 .00 .00 002107 TOLL GAS & WELDING SUPPLIES, INC. 1 5.58 5.58 .00 .00 002120 KELLY INSURANCENTER 1 2,000.00 2,000.00 .00 .00 002178 WILSON DEVELOPMENT SERVICES 1 752.95 752.95 .00 .00 002310 LEAGUE OF MINNESOTA CITIES 1 15.00 15.00 .00 .00 002320 LEAGUE OF MN CITIES INS TRST 2 226,467.00 226,467.00 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 1 181.96 181.96 .00 .00 002521 BRENDA S. SHALD & ASSOCIATES 1 983.52 983.52 .00 .00 002550 MENARDS, INC. 2 415.07 415.07 .00 .00 002570 METRO COUNCIL WASTEWATER SERVICES 1 58,579.50 58,579.50 .00 .00 002584 METRO SALES INCORPORATED 1 215.55 215.55 .00 .00 ' 002694 SBC, INC. 1 37.07 37.07 .00 .00 • Date: 09/16/2004 Time: 15:48:07 Name City of Lino Lakes Operator: pms Page: 4 FM Entry - Invoice Journal Discount # of items Net Gross Discount Lost 002700 CENTERPOINT /MINNEGASCO, INC. 1 241.00 241.00 .00 .00 003123 NATURE CALLS, INC. 1 625.15 625.15 .00 .00 003162 SPIRIT HILLS, INC. 1 13,395.15 13,395.15 .00 .00 003180 NEWMAN TRAFFIC SIGNS, INC. 2 2,456.16 2,456.16 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 1 309.29 309.29 .00 .00 003250 XCEL ENERGY 1 5,504.54 5,- 504.54 .00 .00 003271 NORTHERN TOOL & EQUIPMENT CO., INC. 1 30.83 30.83 .00 .00 003300 NORTHWAY IRRIGATION /LANDSCAPING 1 1,969.87 1,969.87 .00 .00 003443 OTTER LAKE ANIMAL CARE CENTER, INC. 1 52.77 52.77 .00 .00 003465 VIKING ELECTRIC SUPPLY, INC. 1 66.03 66.03 .00 .00 003600 PRESS PUBLICATIONS, INC. 4 93.10 93.10 .00 .00 003882 SHRED -IT, INC. 1 54.95 54.95 .00 .00 003900 SAFETY KLEEN CORPORATION, INC. 3 246.45 246 45 00 .00 003910 SAM'S CLUB, INC. 1 62.58 62.58 .00 .00 004240 STREICHER'S INC. 7 - 2,032__94 -- 2,032 -. 94 - -- -- -- .00 - - - -- .00 - -- T.A. SCHIFSKY AND SONS, INC. 1 1,252.22 1,252.22 .00 .00 004350 T.K.D.A. 28 106,307.07 106,307.07 .00 .00 004416 THOMPSON AND ASSOCIATES 1 750.00 750.00 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 5 1,059.00 1,059.00 .00 .00 004470 COMO LUBE & SUPPLIES, INC. 2 752.13 752.13 .00 .00 004510 TRUCK UTILITIES, INC. 1 1,020.69 1,020.69 .00 .00 004562 NATIONAL WATERWORKS, INC. 2 1,208.63 1,208.63 .00 .00 004590 UNIFORMS UNLIMITED, INC. 1 114.95 114.95 .00 .00 004730 VIKING INDUSTRIAL CENTER, INC. 2 238.94 238.94 .00 .00 004840 WINNICK SUPPLY, INC. 2 129.87 129.87 .00 .00 900223 REHBEIN TRANSIT, INC. 1 480.00 480.00 .00 .00 Grand Totals: 166 594,811.15 594,811.15 .00 .00* Date: 09/16/2004 Time: 16:10:00 Operator: pms • Ranges: Options: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 4173 Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name 71937 0 71939 0 71941 0 71943 4177 Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept AFSCME COUNCIL #14 PAYROLL WITHHOLDING * * * * * * ** BLUE TOW SERVICE, INC. TOW 2001 DODGE RAM * * * * * * ** DELTA DENTAL PLAN OF M DENTAL INSURANCE * * * * * * ** GRANGER, HAROLD & JEAN REIMBURSE PROGRAM REC * * * * * * ** JANZEN, KARI REIMBURSE PROGRAM REC * * * * * * ** KELLY INSURANCENTER DISHONESTY BOND GREAT AM * * * * * * ** LAW ENFORCEMENT LABOR PAYROLL WITHHOLDING * * * * * * ** 0 LEAGUE OF MN CITIES IN 2004 -05 WORKERS' COMP * * * * * * ** __ __0__ METRO_ COUNCIL-- WASTEWAT- AUGUST- SAC /SEPTEMBER- SEW - �` * * + * * ** 71946 MINARICH, DIANE REIMBURSE PROGRAM REC * * * * * * ** O OTTER LAKE ANIMAL CARE OFFICE VISIT 71947 OTTER LAKE ANIMAL CARE ANIMAL CARE /RECON ______71949___ PREFERRED ONE- COMMUNIT HEALTH INSURANCE •0 PRESS PUBLICATIONS, IN ADVERTISING /SPEISER * * * * * * ** O RELIASTAR LIFE INSURAN SEPTEMBER LIFE INSURANCE * * * * * * ** 0 SNO- BARONS SNOWMOBILE BALANCE OF DEPOSIT REFUN * * * * * * ** 0 SPIRIT HILLS, INC. RETURN OF ESCROW - SPIRIT * * * * * * ** O T.K.D.A. CIRCLE LEX VFW /JULY * * * * * * ** 71950 T.K.D.A. ENGINEERING SERVICES /JUN * * * * * * ** 71951 THILL, DEB REIMBURSE PROGRAM REC * * * * * * ** 71954 M WABASHA STREET CAVES SENIOR TOUR * * * * * * ** O WILLIAM G. HAWKINS & A MUNICIPAL ATTORNEY CRYST * * * * * * ** Total for Dept ** * * * * * * ** * * * * * * ** * * * *-* * ** 0 LEAGUE OF MN CITIES IN 2004 -05 WORKERS' COMP Total for Dept 200 0 GREG LARSON SPORTS - G FREIGHT Total for Dept 201 O REHBEIN TRANSIT, INC. TRANSPORTATION 0 ST. LOUIS PARK, CITY P PROGRAM REC Total for Dept 205 0 MAVIS, ARNIE • PROGRAM ADULT IN SPECIAL SPECIAL B E M CONSULTING /ADMIN F YOUTH IN Total for Dept 207 Amount 646.71 335.60 2,227.20 220.00 64.00 1,332.00 777.00 150,978.00 17,-374.5-0 74.00 52.77 156.36 7,485.24 53.20 1,008.12 332.30 13,395.15 44,606.91 414.83 74.00 300.00 330.40 242,238.29* 859.00 859.00* 55.08 55.08* 480.00 162.00 642.00* 1,305.00 1,305.00* Date: 09/16/2004 Time: 16:10:00 Operator: pms • Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description O FOREST LAKE FLORAL, IN FLOWERS O LEAGUE OF MN CITIES IN 2004 -05 WORKERS' COMP 0 TIMESAVER OFF -SITE SEC AUGUST 23 Total for Dept 401 O AUGUST FSA 0 ATTORNEY FEES 0 Bottled Water 71939 DENTAL INSURANCE 71940 LONG TERM DISABILITY INS 0 2004 -05 WORKERS' COMP 0 WEB HOSTING 71948 HEALTH INSURANCE O ADVERTISING O SEPTEMBER LIFE INSURANCE 71952 REGISTRATION /A T & T /SOF Total for Dept 402 • 0 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS O LEAGUE OF MN CITIES IN 2004 -05 WORKERS' COMP O RELIASTAR LIFE INSURAN SEPTEMBER LIFE INSURANCE Total for Dept 406 ACCLAIM BENEFITS BARNA, GUZY & STEFFEN, CULLIGAN, BOTTLED WATE DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. LEAGUE OF MN CITIES IN ONVOY, INC. PREFERRED ONE COMMUNIT PRESS PUBLICATIONS, IN RELIASTAR LIFE INSURAN U S BANK Dept Amount MAYOR /C0 50.04 MAYOR /CO 3,062.00 MAYOR /CO 679.00 3,791.04* ADMINIST 144.20 ADMINIST 336.00 ADMINIST 121.42 ADMINIST 148.76 ADMINIST 74.19 ADMINIST 432.00 ADMINIST 47.50 ADMINIST 2,024.92 ADMINIST 26.60 ADMINIST 23.75 ADMINIST 251.62 3,630.96* 31.39 27.00 13.30 62.58 134.27* 3.00 3 00* SENIORS 4.72 SENIORS 57.00 SENIORS 4.75 66.47* 34.00 104.14 48.21 15.00 287.00 770.09 14.97 1,273.41* 13,679.60 13,679.60* ECONOMIC 29.75 ECONOMIC 13.48 ECONOMIC 80.00 ECONOMIC 352.18 ECONOMIC 4.75 480.16* O C. P. OFFICE PRODUCTS OFFICE SUPPLIES ELECTION 0 LEAGUE OF MN CITIES IN 2004 -05 WORKERS' COMP ELECTION O PRESS PUBLICATIONS, IN ADVERTISING ELECTION 0 SAM'S CLUB, INC. SUPPLIES ELECTION Total for Dept 403 0 LEAGUE OF MN CITIES IN 2004 -05 WORKERS' COMP CABLE Total for Dept 404 O CITY OF RICHFIELD MUNICIPALS BANQUET FINANCE 71939 DELTA DENTAL PLAN OF M DENTAL INSURANCE FINANCE 71940 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS FINANCE O LEAGUE OF MINNESOTA CI REGISTRATION /PAULA S FINANCE O LEAGUE OF MN CITIES IN 2004 -05 WORKERS' COMP FINANCE 71948 PREFERRED ONE COMMUNIT HEALTH INSURANCE FINANCE O RELIASTAR LIFE INSURAN SEPTEMBER LIFE INSURANCE FINANCE Total for Dept 407 O WILLIAM G. HAWKINS & A MUNICIPAL ATTORNEY CRYST LEGAL CO Total for Dept 414 71939 DELTA DENTAL PLAN OF M DENTAL INSURANCE 71940 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS 0 LEAGUE OF MN CITIES IN 2004 -05 WORKERS' COMP 71948 PREFERRED ONE COMMUNIT HEALTH INSURANCE O RELIASTAR LIFE INSURAN SEPTEMBER LIFE INSURANCE Total for Dept 415 • Date: 09/16/2004 Time: 16:10:00 • Operator: pms Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check ¥ Vendor Alpha Name 71939 71940 0 71948 0 0 Description Dept Amount DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. LEAGUE OF MN CITIES IN PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN TIMESAVER OFF -SITE SEC DENTAL INSURANCE LONG TERM DISABILITY INS 2004 -05 WORKERS' COMP HEALTH INSURANCE SEPTEMBER LIFE INSURANCE JUNE 9 Total for Dept 416 PLANNING 59.50 PLANNING 26.65 PLANNING 222.00 PLANNING 704.36 PLANNING 9.50 PLANNING 217.00 1,239.01* 0 T.K.D.A. MEETING ATTENDANCE /JULY ENGINEER Total for Dept 417 71939 DELTA DENTAL PLAN OF M DENTAL INSURANCE 71940 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS 0 LEAGUE OF MN CITIES IN 2004 -05 WORKERS' COMP 71948 PREFERRED ONE COMMUNIT HEALTH INSURANCE 0 RELIASTAR LIFE INSURAN SEPTEMBER LIFE INSURANCE Total for Dept 418 0 ASLET MEMBERSHIP /KELLY 0 C. P. OFFICE PRODUCTS OFFICE SUPPLIES 0 CITY OF RICHFIELD MUNICIPALS BANQUET 0 CLEARWATER CREEK CONVE CAR WASHES 71938 CONNEXUS ENERGY MONTHLY SERVICE /AUGUST 71939 DELTA DENTAL PLAN OF M DENTAL INSURANCE 71940 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS 71942 KATH AUTO PARTS, INC. PARTS 0 LEAGUE OF MN CITIES IN 2004 -05 WORKERS' COMP LEIBEL, KYLE REIMBURSE UNIFORM ALLOWA 0 LYNN PEAVEY COMPANY, I SUPPLIES O METRO SALES INCORPORAT COPIER MAINTENANCE 0 MINNESOTA CITIES /MN DE REGISTRATION /RENEE K 0 NATIONAL DRUB ENFORCEM MEMBERSHIP /KELLY MC 0 NATIONAL LAW ENFORCEME TRAINING KYLE LEIBEL 71947 OTTER LAKE ANIMAL CARE ANIMAL CONTROL 71948 PREFERRED ONE COMMUNIT HEALTH INSURANCE O RELIASTAR LIFE O SHRED -IT, INC. 0 SOUTH EAST TOWING, INC TOW 4 DR BLUE CADY 0 STREICHER'S, INC. VEST 71949 SUBURBAN LAW ENFORCEME MEMBERSHIP /DAVE P O TARGET FILM 0 TASER INTERNATIONAL, I TASER HANDLE 0 THOMPSON AND ASSOCIATE PROFESSIONAL SERVICES 71952 U S BANK REGISTRATION /A T & T /SOF 0 UNIFORMS UNLIMITED, IN UNIFORM SUPPLIES 71953 VERIZON WIRELES, BELLE MONTHLY SERICE /AUGUST Total for Dept 420 INSURAN SEPTEMBER LIFE INSURANCE DESTROY CONFIDENTIAL MAT FMS 4 507.35 507.35* Communit 59.50 Communit 28.09 Communit 252.00 Communit 660.28 Communit 9.50 1,009.37* POLICE 45.00 POLICE 254.88 POLICE 136.00 POLICE 55.38 POLICE 21.31 POLICE 378.10 POLICE 327.80 POLICE 53.10 POLICE 19,602.00 POLICE 53.24 POLICE 94.60 POLICE 215.55 POLICE 25.00 POLICE 45.00 POLICE 275.00 POLICE 1,090.55 POLICE 11,007.90 POLICE 133.00 POLICE 54.95 POLICE 106.50 POLICE 2,032.94 POLICE 20.00 POLICE 86.22 POLICE 75.00 POLICE 750.00 POLICE 2,678.00 POLICE 114.95 POLICE 57.64 39,789.61* 71939 DELTA DENTAL PLAN OF M DENTAL INSURANCE FIRE 87.19 71940 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS FIRE 37.51 • Date: 09/16/2004 Time: 16:10:00 Operator: pms • Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 71948 PREFERRED ONE COMMUNIT HEALTH INSURANCE FIRE 0 RELIASTAR LIFE INSURAN SEPTEMBER LIFE INSURANCE FIRE Total for Dept 421 1,802.06 14.25 1,941.01* 71939 DELTA DENTAL PLAN OF M DENTAL INSURANCE BUILDING 119.02 71940 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS BUILDING 49.29 0 FRATTALLONE'5 HARDWARE RULE TAPE BUILDING 9.04 0 LEAGUE OF MN CITIES IN 2004 -05 WORKERS' COMP BUILDING 471.00 71948 PREFERRED ONE COMMUNIT HEALTH INSURANCE BUILDING 2,266.74 0 RELIASTAR LIFE INSURAN SEPTEMBER LIFE INSURANCE BUILDING 16.62 Total for Dept 422 2,931.71* 0 BROCK WHITE, INC. 71938 CONNEXUS ENERGY 71939 DELTA DENTAL PLAN OF M 0 DIAMOND VOGEL PAINTS, 0 EARL ANDERSON ASSOCIAT 71940 FORTIS BENEFITS, INC. 0 LEAGUE OF MN CITIES IN 71945 MILLER, CHRIS 0 NEWMAN TRAFFIC SIGNS, 71948 PREFERRED ONE COMMUNIT 0 RELIASTAR LIFE INSURAN 0 0 0 •0 0 0 0 0 0 0 71939 0 0 71940 0 0 0 0 0 0 0 0 0 71948 0 OIL MONTHLY SERVICE /AUGUST DENTAL INSURANCE WHITE PAINT STREET SIGNS LONG TERM DISABILITY INS 2004 -05 WORKERS' COMP REIMBURSE CLOTHING ALLOW SNOW SIGN HEALTH INSURANCE SEPTEMBER LIFE INSURANCE SBC, INC. MONTHLY SERVICE /AUGUST T.A. SCHIFSKY AND SONS ASPHALT T.K.D.A. 2004 SEALCOAT VIKING INDUSTRIAL CENT JACKET /PANTS Total for Dept 430 A -1 HYDRAULIC SALES /SE AMERICAN FASTENER 8 SU AUTOMOTIVE DRIVE LINE, BRENDA S. SHALD & ASSO COMO LUBE & SUPPLIES, DEHN OIL COMPANY, INC. DELTA DENTAL PLAN OF M FACTORY MOTOR PARTS CO FOREST LAKE NAPA FORTIS BENEFITS, INC. FRATTALLONE'S HARDWARE GILLUND ENTERPRISES, I H & L MESABI, INC. IMAGE PRINTING & GRAPH J- CRAFT, INC. JASPER ENGINE /TRANSMIS LEAGUE OF MN CITIES IN MACQUEEN EQUIPMENT, IN POLAR CHEVROLET & MAZD PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS PROJECT /JU STREETS STREETS PARTS RING PARTS FINAL CONSULTANT PAY GREASE DIESEL FUEL DENTAL INSURANCE BATTERY /PADS SWITCH LONG TERM DISABILITY PARTS CHEMICALS BOLT /BIT PRINTING FLANGE COOLER FLUSH /SWITCH 2004 -05 WORKERS' COMP BROOM /DIRT SHOE SEAL, GASKET, RESISTOR, HEALTH INSURANCE SEPTEMBER LIFE INSURANCE FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET INS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET 1,989.52 760.44 119.01 321.43 574.39 63.67 4,870.00 375.00 1,364.53 1,355.89 27.79 22.31 1,252.22 108.44 79.64 13,284.28* 103.88 5.44 47.90 983.52 752.13 4,011.76 29.75 309.29 35.41 12.89 1.91 116.55 905.34 181.96 19.71 2,207.40 8,043.00 ',457.68 83.98 646.83 5.46 Date: 09/16/2004 Time: 16:10:00 Operator: pms • Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount 0 TOLL GAS & WELDING SUP CYLCINDER FLEET 0 TRUCK UTILITIES, INC. CHAIN VISE AND SUPPLIES FLEET 0 UNITED RENTALS, INC. CLAMP LEVER /BOLT FLEET O W E LAHR COMPANY PARTS FLEET Total for Dept 431 0 ACE SOLID WASTE, INC. MONTHLY SERVICE SEPTEMBE 0 AMERIPRIDE LINEN /APPAR MAT RENTAL 0 C. P. OFFICE PRODUCTS OFFICE SUPPLIES 0 CENTERPOINT/MINNEGASCO August Gas 71938 CONNEXUS ENERGY MONTHLY SERVICE /AUGUST O DENNY'S EMERGENCY SERV SENIOR STOVE REPAIR 71940 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS O FRATTALLONE'S HARDWARE PARTS O GLENWOOD INGLEWOOD, IN MONTHLY SERVICE /AUGUST O J. P. COOKE COMPANY, I DOG LICENCE TAGS O KELLY INSURANCENTER DISHONESTY BOND GREAT AM 0 LEAGUE OF MN CITIES IN 2004 -05 WORKERS' COMP 71948 PREFERRED ONE COMMUNIT HEALTH INSURANCE 0 RELIASTAR LIFE INSURAN SEPTEMBER LIFE INSURANCE 0 STATE OF MINNESOTA CONNECT CHARGES 71952 U S BANK REGISTRATION /A T & T /SOF 0 VIKING ELECTRIC SUPPLY DOUBLE TWIN TUBE O WIPERS AND WIPES, INC. TOWELS TISSUE CAN LINERS 0 XCEL ENERGY MONTHLY SERVICE Total for Dept 432 GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME So A/L SOD sod PARKS O ACE SOLID WASTE, INC. MONTHLY SERVICE SEPTEMBE PARKS 0 CENTERPOINT /MINNEGASCO August Gas PARKS 0 CENTURY FENCE COMPANY, HINGE PARKS O CITY OF RICHFIELD MUNICIPALS BANQUET PARKS 71938 CONNEXUS ENERGY MONTHLY SERVICE /AUGUST PARKS 71939 DELTA DENTAL PLAN OF M DENTAL INSURANCE PARKS 71940 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS PARKS O LEAGUE OF MN CITIES IN 2004 -05 WORKERS' COMP PARKS O MENARDS, INC. RETAIN BLOCK PARKS 0 NATURE CALLS, INC. PORTABLE RESTROOM RENTAL PARKS 71948 PREFERRED ONE COMMUNIT HEALTH INSURANCE PARKS O RELIASTAR LIFE INSURAN SEPTEMBER LIFE INSURANCE PARKS O SCHARBER & SONS, INC. TILLER PARKS 0 VIKING INDUSTRIAL CENT JACKET /PANTS PARKS Total for Dept 450 0 71939 71940 0 71948 0 • CITY OF RICHFIELD DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. LEAGUE OF MN CITIES IN PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN MUNICIPALS BANQUET RECREATI DENTAL INSURANCE RECREATI LONG TERM DISABILITY INS RECREATI 2004 -05 WORKERS' COMP RECREATI HEALTH INSURANCE RECREATI SEPTEMBER LIFE INSURANCE RECREATI 5.58 1,020.69 68.01 227.07 21,283.34* 340.04 86.87 94.87 111.94 1,183.26 750.00 7.38 22.89 62.62 50.91 618.00 28,866.00 495.20 4.75 30.00 20.54 66.03 196.64 5,277.25 38,285.19* 116.83 111.15 31.37 36.42 34.00 42.60 223.44 64.24 1,820.00 415.07 625.15 891.00 26.13 6,353.79 79.64 10,870.83* 68.00 65.45 .62 568.00 470.98 15.20 Date: 09/16/2004 Time: 16:10:01 Operator: inns • Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount Total for Dept 451 71939 DENTAL INSURANCE 71940 LONG TERM DISABILITY INS 0 2004 -05 WORKERS' COMP 71948 HEALTH INSURANCE 0 SEPTEMBER LIFE INSURANCE 0 AUGUST 25 - Total for Dept 461 DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. LEAGUE OF MN CITIES IN PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN TIMESAVER OFF -SITE SEC 71939 DELTA DENTAL PLAN OF M DENTAL INSURANCE 71940 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS 0 LEAGUE OF MN CITIES IN 2004 -05 WORKERS' COMP 71948 PREFERRED ONE COMMUNIT HEALTH INSURANCE 0 RELIASTAR LIFE INSURAN SEPTEMBER LIFE INSURANCE 0 SAFETY KLEEN CORPORATI RECYCLE USED OIL Total for Dept 462 ENVIRONM ENVIRONM ENVIRONM ENVIRONM ENVIRONM ENVIRONM SOLID WA SOLID WA SOLID WA SOLID WA SOLID WA SOLID WA 71939. DELTA DENTAL PLAN OF M DENTAL INSURANCE FORESTRY 71940 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS FORESTRY 0 LEAGUE OF MN CITIES IN 2004 -05 WORKERS' COMP FORESTRY 71948 PREFERRED ONE COMMUNIT HEALTH INSURANCE FORESTRY Q -- RELIASTAR- LIFE-INSURAN -- SEPTEMBERR- L -IFE -- INSURANCE FORESTRY Total for Dept 463 0 ABLE HOSE AND RUBBER, - -- - --0 - - CENTERPOINT /MINNEGASCO 8 CONNEXUS ENERGY 0 939 71940 0 0 0 0 0 0 0 0 0 0 71948 0 0 0 0 Parts WATER August Gas WATER 1,188.25* 10.41 4.91 54.00 196.02 1.66 163.00 430.00* 8.93 5.06 26.00 201.96 1.43 246.45 489.83* 10.41 4.91 157.00 196.02 7.66 370.00* 235.38 97.69 CONTRACTORS REFINISHIN DELTA DENTAL PLAN OF M FORTIS BENEFITS, INC. HARRIS COMPANIES, INC. HAWKINS WATER TREATMEN INFRATECH TECHNOLOGIES INSTRUMENTAL RESEARCH, KELLY INSURANCENTER LEAGUE OF MN CITIES IN NATIONAL WATERWORKS, I NEWMAN TRAFFIC 6IGNS, NORTHERN TOOL & EQUIPM ONE CALL CONCEPTS, INC PREFERRED ONE COMMUNIT MONTHLY SERVICE /AUGUST WATER SANDBLAST PRIME AND PAIN WATER DENTAL INSURANCE WATER LONG TERM DISABILITY INS WATER REBUILT (1) 1 1 /2 "RPZ WATER INJECTION CHECK WATER MARKING GUN WATER CITY WATER COLIFORM WATER DISHONESTY BOND GREAT AM WATER 2004 -05 WORKERS' COMP WATER TURBO /FLANGE KIT WATER SPRINKLING BAN SIGNS WATER DUCT TAPE /CABLE WATER GOPHER STATE ONE CALL WATER HEALTH INSURANCE WATER RELIASTAR LIFE INSURAN SEPTEMBER LIFE INSURANCE WATER SBC, INC. MONTHLY SERVICE /AUGUST WATER VIKING INDUSTRIAL CENT JACKET /PANTS WATER WINNICK SUPPLY, INC. BUSHING /PVC /RING WATER Total for Dept 494 0 AMERICAN FASTENER & SU PARTS SEWER 71938 CONNEXUS ENERGY MONTHLY SERVICE /AUGUST SEWER • 1,297.10 49.23 78.85 24.11 265.00 6,780.83 126.66 119.00 25.00 2,695.00 1,208.63 1,091.63 30.83 238.63 1,031.51 16.17 8.52 79.66 26.65 15,526.08* 64.25 284.55 Date: 09/16/2004 Time: 16:10:01 Operator: pms • Page: 7 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills j j 49.i 4ic ' f i 1 - -) Check # Vendor Alpha Name Description Dept Amount - ,Ff t >,y. •.7 0 CONTRACTORS REFINISHIN SANDBLAST PRIME AND PAIN SEWER 49.22 71939 DELTA DENTAL PLAN OF M DENTAL INSURANCE SEWER 49.09 71940 FORTIS BENEFITS, INC. LONG TERM DISABILITY INS SEWER 24.11 0 FRATTALLONE'S HARDWARE COUPLE FLEX, STRAP TARP SEWER 13.27 0 INFRATECH TECHNOLOGIES MARKING GUN SEWER 64.08 0 KELLY INSURANCENTER DISHONESTY BOND GREAT AM SEWER 25.00 0 LEAGUE OF MN CITIES IN 2004 -05 WORKERS' COMP SEWER 3,036.00 0 METRO COUNCIL WASTEWAT AUGUST SAC /SEPTEMBER SEW SEWER 41,205.00 0 NORTHWAY IRRIGATION /LA INSTALL IRRIGATION SYSTE SEWER 1,969.87 0 ONE CALL CONCEPTS, INC GOPHER STATE ONE CALL SEWER 238.62 71948 PREFERRED ONE COMMUNIT HEALTH INSURANCE SEWER 679.32 0 RELIASTAR LIFE INSURAN SEPTEMBER LIFE INSURANCE SEWER 11.37 0 SBC, INC. MONTHLY SERVICE /AUGUST SEWER 6.24 0 SYCOM, INC. TRANSDUCER SEWER 1,944.00 0 W. W. GOETSCH ASSOCIAT OVERHAUL MYERS SUBMERSIB SEWER 3,100.00 0 WINNICK SUPPLY, INC. WRENCH SEWER 103.22 0 XCEL ENERGY MONTHLY SERVICE SEWER 227.29 Total for Dept 495 53,094.50* O CORNERSTONE HOME BUILD CWC 3RD DRAINAGE WORK OTHER 4,800.00 O DAVE PERKINS CONTRACTI PAYMENT #1 MARSHAN LANE OTHER 30,484.55 O T.K.D.A. 2004 SURFACE WATER MANG/ OTHER 61,084.37 71950 T.K.D.A. ENGINEERING SERVICES /JUN OTHER 452.67 O W.B. MILLER, INC. PAYMENT #1 HOLLY DRIVE I OTHER 73,424.73 O WILLIAM A. BURROWS APPRAISAL LINO LAKES STR OTHER 750.00 0 WILLIAM G. HAWKINS & A MUNICIPAL ATTORNEY CRYST OTHER 1,380.60 •0 WILSON DEVELOPMENT SER ACQUISITION AND RELOCATI OTHER 752.95 Total for Dept 499 173,129.87* Grand Total 643,528.51* • Centennial Fire District Check Register 9/17/2004 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 9/17/2004 14435 9/17/2004 14436 9/17/2004 - 14437 9/17/2004 14438 9/17/2004 14439 9/17/2004 14440 9/17/2004 14441 9/17/2004 14442 9/17/2004 14443 9/17/2004 14444 9/17/2004 14445 9/17/2004 14446 9/17/2004 14447 9/17/2004 14448 9/17/2004 14449 9/17/2004 14450 9/17/2004 14451 9/17/2004 14452 • • Amoco Oil Company Aspen Mills Citgo- Petroleum - Corporation Comcast Diversified Texturing & Engraving Emergency Apparatus Maintenance Forest Lake Ford Frattalone's Hardware Janet Haapoja Loffier Business Systems Malloy, Montague, Karnowski & Radosevich Motorola NFPA Northern Safety Technology, Inc. Qwest Randy D. Lauderbaugh Xcel Energy Sam's Club ACCOUNT 42100 - Fuel and Lube 42120 - Uniform Expense 42100 - Fuel and Lube 42180 - Office Supplies Expense 42110 - Other Maintenance 42000 - Vehicle Maintenance 11100 - Equipment 42110 - Other Maintenance 42240 - Telephone Expense 42180 - Office Supplies Expense 42160 - Accounting Services 42130 - Equipment Expense 42200 - Dues and Memberships 11100 - Fixed Asset - Equipment 42240 - Telephone Expense 42220 - Travel, Conf. School 42254 - Station 2 - Electric 45010 - Safety Camp Expense AMOUNT 612.39 733.50 143.23 95.00 25.00 1,405.25 271.58 57.40 154.36 13.80 3,806.00 86.14 135.00 52.50 187.90 504.10 577.69 418.75 9,279.59 • • • AGENDA ITEM 2A STAFF ORIGINATOR AI Rolek MEETING DATE September 27, 2003 TOPIC Consideration of Resolution 04 -142 Providing for the Issuance and Sale of $1,330,000 G.O. Improvement and Utility Bonds, Series 2004A VOTE REQUIRED Simple Majority The City Council has approved public improvement projects for Birch & Hodgson Street Improvements, Marshan Estates Utilities, 62 "d Street Reconstruction and Holly Drive Street Reconstruction. To finance the improvements to be made in these projects it is necessary to issue and sell General Obligation Improvement and Utility bonds. Our financial advisor, Springsted, Inc., has issued their recommendation for the issuance of $1,330,000 G.O. Improvement and Utility Bonds Series 2004A. If approved the sale would occur on October 25, 2004, with consideration for award by the City Council at its meeting the same day. The issue would have a 15 -year term running from 2006 through 2020 and would be repaid through the levy of special assessments against the benefited parcels and utility revenues. Staff recommendation is for the City Council to approve Resolution 04 -142 providing for the issuance and sale of $1,330,000 G.O. Improvement and Utility Bonds, Series 2004A. 1. Adopt Resolutions 04 -142. 2. Refer to Staff for further review. 3. Deny Resolution 04 -142. E; !!IMENDA Option 1 85 E. SEVENTH PLACE, SUITE 100 SAINT PAUL, MN 55101 -2887 •651 -223 -3000 FAX: 651 -223 -3002 /7 E -MAIL: advisors(a: springstcd.com • September 23, 2004 SPRINGSTED Advisors to the Public Sector Mr. Alan Rolek, Finance Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Re: Recommendations for the Issuance of $1,330,000 General Obligation Improvement and Utility Revenue Bonds, Series 2004A Dear Mr. Rolek: We have enclosed one copy of our recommendations for the above - captioned issue for distribution to Council members and City staff prior to your meeting on Monday, September 27, 2004. We have also enclosed contract amendments for services relating to continuing disclosure and arbitrage rebate to include this issue. If the City wishes to continue to engage Springsted for these services for the new issue, please sign the amendments and return them to us. If you should have any questions pertaining to the enclosed documents, or if you require additional copies, please do not hesitate to contact us. Sincerely, at-iseiffc %o a7 Christine M. Hogan Project Manager mb Enclosures • • Recommendations For City of Lino Lakes, Minnesota $1,330,000 General Obligation Improvement and Utility Revenue Bonds, Series 2004A Presented to: Honorable John Bergeson, Mayor Members, City Council Mr. Gordon Hetike, City Administrator Mr. Alan Rolek, Finance Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 SPRINGSTED Advisors to the Public Sector • Study No.: L0502V2 SPRINGSTED Incorporated September 23, 2004 • • • RECOMMENDATIONS Re: Recommendations for the Issuance of $1,330,000 General Obligation Improvement and Utility Revenue Bonds, Series 2004A (the "Bonds" or the "Issue ") Proceeds of the Bonds will be used to finance various street, sanitary sewer and water utility improvements projects within the City. We recommend the following for the Bonds: 1. Action Requested 2. Sale Date and Time 3. Authority for the Bond Issue 4. Repayment Term 5. Security and Source of Payment (a) Security (b) Source of Payment 6. Prepayment Provisions 7. Credit Rating Comments To establish the date and time of receiving bids and establish the terms and conditions of the offering. Monday, October 25, 2004, at 11:30 A.M., with award by the City Council at 6:30 P.M. the same day. The Bonds are being issued pursuant to Minnesota Statutes, Chapter 475. In addition the street improvement portion of the Bonds is being issued pursuant to Minnesota Statutes, Chapter 429 and the water utility fund improvement portion of the Bonds is being issued pursuant to Minnesota Statutes, Chapter 444. The Bonds will mature annually February 1, 2006 through 2020. Interest will be payable semi - annually each February 1 and August 1, commencing August 1, 2005. The Bonds will be general obligations of the City for which the City pledges its full faith and credit and power to levy general ad valorem taxes. The street improvement portion of the Bonds will be repaid from special assessments filed against benefited property. The water improvement portion of the Bonds will be repaid from net revenues of the City's water utilities. The City may elect on February 1, 2010, and on any date thereafter, to prepay the Bonds due on or after February 1, 2011, at a price of par plus accrued interest. This five year call provision was requested by the City to allow the City the flexibility to call all or a portion of the Bonds on February 1, 2011 in the event prepayments of assessments have been received. An application will be made to Moody's Investors Service for a rating on the Bonds. The City's current general obligation credit rating is "A2 ". • • • City of Lino Lakes, Minnesota September 23, 2004 8. Term Bonds 9. Federal Treasury Regulations Concerning Tax - Exempt Obligations (a) Bank Qualification (b) Rebate Requirements We have included a provision that permits the underwriters to combine multiple maturity years into a term bond, subject to mandatory redemption on the same maturity schedule provided in the Terms of Proposal. The advantage to the underwriter is that it provides large blocks of bonds, which are more attractive to bond funds, and certain pension funds, which deal only with large blocks of bonds. This in turn is a benefit to the City since selling larger blocks of bonds reduces the risk to the underwriter, allowing them to lower their costs and the interest coupons. Since the Bonds are being offered on a competitive bid basis and awarded on the lowest true interest cost, the City will award the Bonds to the best bid regardless of whether term bonds are chosen or not. Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, income expense that is allocable to carrying and acquiring tax - exempt bonds. There is an exemption to this for "bank qualified" bonds, which can be so designated if the issuer does not issue more than $10 million of tax - exempt bonds in a calendar year. Issues that are bank qualified typically receive slightly lower interest rates than issues that are not bank qualified. Since the City expects to issue less than $10 million of tax - exempt debt in 2004, this Issue is designated as bank qualified. All tax - exempt issues are subject to the federal arbitrage and rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S: Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. There are exemptions from rebate that may apply in both of these categories. There is an exemption from rebate for a municipality that issues $5 million or less of tax - exempt obligations in a calendar year. Since the City does not expect to issue more than $5 million of tax - exempt obligations in 2004, this Issue will be exempt from rebate. Although exempt from rebate, the City must still comply with the arbitrage regulations which require yield restriction of proceeds remaining in a project fund after the three -year temporary period. -18E- Page 2 City of Lino Lakes, Minnesota September 23, 2004 • (c) Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund for the Bonds or be subject to yield restriction. This requires restricting the investments held in the debt service fund to the yield on the bonds and/or paying back excess investment earnings in the debt service fund to the federal government. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with carry over permitted equal to the greater of the investment earnings in the fund during that year or 1/12 the debt service of that year. Because prepayments of assessments may be collected on the street improvement portion of the Bonds, the City should be particularly careful in monitoring the debt service fund for the Bonds. Springsted currently provides arbitrage rebate services for the City under a separate contract. An amendment to that contract adding this Issue has been provided to the City. (d) Economic Life The average life of the Bonds cannot exceed 120% of the economic life of the projects to be financed. The economic life of street improvements is 20 years and the economic life • of water utility improvements is 50 years. The average life of the Bonds is 8.884 years; therefore the Bonds are within the economic life requirements. (e) Federal Reimbursement Federal reimbursement regulations require the Regulations City to make a declaration, within 60 days of the actual payment, of its intent to reimburse itself from expenses paid prior to the receipt of bond proceeds. It is our understanding the City has taken whatever actions are necessary to comply with the federal reimbursement regulations in regards to the Bonds. 10. Continuing Disclosure - This Issue is subject to the continuing disclosure requirements. The SEC rules require the City to undertake an annual update of its Official Statement information and report any material events to the national repositories. Springsted currently provides continuing disclosure services for the City under a separate contract. An amendment to that contract adding this Issue has been provided to City staff. 11. Attachments • Sources and Uses of Funds • Debt Service Schedule • • Assessment Income Schedule • Terms of Proposal Page 3 -18F- • • City of Lino Lakes, Minnesota September 23, 2004 DISCUSSION The Bonds have been structured as a single issue although they have been broken out by project type as follows: (i) the street improvement portion and; (ii) the water improvement portion. Each portion has been structured independently and then combined into this single Bond issue. Combining the street improvement projects with the water improvement projects into a single issue enhances the marketability of the Bonds (larger principal maturities) and reduces issuance costs. Each portion of the Bonds will be repaid from different revenue sources (special assessments and net revenues of the City's water utilities). The City will need to establish a system to track each portion of the Bonds separately. The sources and uses of funds for the Bonds are detailed on page 6 and show the breakdown between the street improvement portion and the water improvement portion. Page 7 shows the total debt service on the Bonds. The Street Improvement Portion The street improvement portion of the Bonds will be used to finance various street improvements associated with the City's Birch /Hodgson project, including construction of turn lanes, realignment of Ware Road, and installation of traffic signals. The street improvement portion will be repaid from special assessments levied against benefited properties. Assessments in the aggregate amount of $600,000 will be filed on or about October 14, 2004 for first collection in 2005. Assessments will be spread over a term of 15 years, with even annual total payments of principal and interest. Interest will be charged on the unpaid principal balance at a rate of 7.0 %. The projected assessment income schedule is shown on page 8. It is expected that assessment income, if collected as scheduled, will be sufficient to pay 100% of the debt service on the street improvement portion of the Bonds. The repayment of the street improvement portion of the Bonds has been structured around the projected assessment income to provide for even annual cash flow surpluses over the repayment term. Each year's first -half collections of assessments will be used to pay the August 1 interest payment in the year of collection. Second -half collection of assessments plus surplus first -half collections will be used to pay the February 1 principal and interest payment in the following year. The principal structure for the street improvement portion of the Bonds is shown on page 9 and shows the following: • Columns. 1 through 4 show the annual principal payments, estimated interest rates and projected total principal and interest payments, given the current market environment. • Column 5 shows the 5% overlevy which is required by State statutes and serves as a protection to bondholders and the City in the event of delinquencies in the collection of assessments. • Column 6 shows the total projected assessment income developed on page 8. • Column 7 shows the estimated difference between columns 5 and 6 and represents the projected annual surplus of assessment income over 105% of debt service. Based on projected assessment income, it is expected that the City will not be required to levy ad valorem property taxes to pay debt service on the street improvement portion of the Bonds. -18G- Page 4 • • • City of Lino Lakes, Minnesota September 23, 2004 The Water Improvement Portion The water improvement portion of the Bonds will be used to finance improvements to the City's sanitary sewer and water utility related to the Marshan Estates project, the 62nd Street Utility projects, and the Holly Drive projects. The water improvement portion of the Bonds will be repaid from net revenues of the City's water utility. Pursuant to Minnesota Statutes, Chapter 444 and the resolution awarding the Bonds, the City will covenant to maintain water rates in an amount sufficient to generate revenues to support the operation of the water utility and to pay debt service. The City is required to annually review the budget of the water utility to determine whether current rates and charges are sufficient and to adjust them as necessary. The debt service schedule for the water improvement portion of the Bonds is shown on page 10. The water improvement portion is structured with even annual debt service payments over a term of 15 years. The City has two outstanding bond issues which are also being repaid in whole or in part from net revenues of the City's water utility. The table below shows the net revenues available for debt service of the City's water utility for the fiscal years ending 2003. The projected maximum annual debt service payable from net revenues of the water utility, including the water improvement portion of this Issue, is projected to be approximately $568,313. 2003 Operating Revenues $1,064,326 Less: Operating Expenses (809,789) Add Back: Depreciation 304,382 Add Back: Operating Transfers for 301,355 Connection Fees Add: Earnings on Investments 3,203 Net Revenues Available for Debt $ 863,477 Service Springsted is pleased to again be of service to the City of Lino Lakes. Respectfully submitted, s 9ated SPRINGSTED Incorporated mb Provided to Staff: Rebate and Continuing Disclosure Contract Amendments -18H- Page 5 $1,330,000 City of Lino Lakes, Minnesota General Obligation Improvement and Utility Revenue Bonds Series 2004A Total Issue Sources And Uses Dated 11/15/20041 Delivered 11/15/2004 Street Projects Water Utility Issue (Birch & Hodgson) Projects Summary Sources Of Funds Par Amount of Bonds $620,000.00 $710,000.00 $1,330,000.00 Total Sources $620,000.00 $710,000.00 $1,330,000.00 Uses Of Funds Deposit to Project Construction Fund 600,000.00 688,445.00 1,288,445.00 Costs of Issuance... 10,698.50 12,251.50 22,950.00 Total Underwriter's Discount (1.100 %) 6,820.00 7,810.00 14,630.00 Rounding Amount 2,481.50 1,493.50 3,975.00 Total Uses $620,000.00 $710,000.00 $1,330,000.00 Seder 2004A LX 2 / lout Summary / 9/20/2004 / 2:19 !'M ...CSPAINGSTED Adriwn , th,?,thht Swim' -18I- Page 6 • • • $1,330,000 City of Lino Lakes, Minnesota General Obligation Improvement and Utility Revenue Bonds Series 2004A DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P +I 105% of Total 02/01/2005 - - - - - 02/01/2006 65,000.00 1.900% 58,424.00 123,424.00 129,595.20 02/01/2007 75,000.00 2.250% 47,005.00 122,005.00 128,105.25 02/01/2008 75,000.00 2.600% 45,317.50 120,317.50 126,333.38 02/01/2009 75,000.00 2.900% 43,367.50 118,367.50 124,285.88 02/01/2010 75,000.00 3.150% 41,192.50 116,192.50 122,002.13 02/01/2011 85,000.00 3.400% 38,830.00 123,830.00 130,021.50 02/01/2012 85,000.00 3.550% 35,940.00 120,940.00 126,987.00 02/01/2013 85,000.00 3.700% 32,922.50 117,922.50 123,818.63 02/01/2014 90,000.00 3.850% 29,777.50 119,777.50 125,766.38 02/01/2015 95,000.00 4.000% 26,312.50 121,312.50 127,378.13 02/01/2016 95,000.00 4.100% 22,512.50 117,512.50 123,388.13 02/01/2017 100,000.00 4.200% 18,617.50 118,617.50 124,548.38 02/01/2018 105,000.00 4.300% 14,417.50 119,417.50 125,388.38 02/01/2019 110,000.00 4.350% 9,902.50 119,902.50 125,897.63 02/01/2020 115,000.00 4.450% 5,117.50 120,117.50 126,123.38 Total $1,330,000.00 $469,656.50 $1,799,656.50 $1,889,639.33 SIGNIFICANT DATES Dated 11/15/2004 Delivery Date.. 11/15/2004 First Coupon Date 8/01/2005 Yield Statistics Bond Year Dollars $11,815.78 Average Life 8.884 Years Average Coupon 3.9748251% Net Interest Cost (NIC) 4.0986426% True Interest Cost (TIC) 4.0932521% Bond Yield for Arbitrage Purposes 3.9401182% All Inclusive Cost (AIC) 4.3383891% IRS Form 8038 Net Interest Cost Weighted Average Maturity Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriter's discount bid may also vary. Sues 2004A G\'2 / Lowe .'ummary / 9/20/2004 / 2:19 PM AfESPRINGSTED Adv)serr o the Public Senor 3.9748251 % 8.884 Years -18J- Page 7 $600,000 City of Lino Lakes, Minnesota General Obligation Improvement and Utility Revenue Bonds Assessments ASSESSMENT INCOME Date Principal Coupon Interest Total P +I 12/31/2004 12/31/2005 15, 919.93 12/31/2006 25,901.00 12/31/2007 27,714.06 12/31/2008 29,654.05 12/31/2009 31,729.83 12/31/2010 33,950.92 12/31/2011 36,327.49 12/31/2012 38, 870.41 12/31/2013 41,591.34 12/31/2014 44, 502.73 12/31 /2015 47,617.92 12/31/2016 50, 951.18 12/31/2017 54, 517.76 12/31/2018 58, 334.00 12/31/2019 62,417.38 7.000% 7.000% 7.000% 7.000% 7.000% 7.000% 7.000% 7.000% 7.000% 7.000% 7.000% 7.000% 7.000% 7.000% 7.000% 50,866.67 40,885.60 39,072.54 37,132.56 35,056.76 32,835.68 30,459.12 27,916.20 25,195.26 22,283.86 19,168.68 15,835.42 12,268.84 8,452.60 4,369.22 66,786.60 66,786.60 66,786.60 66,786.61 66,786.59 66,786.60 66,786.61 66,786.61 66,786.60 66,786.59 66,786.60 66,786.60 66,786.60 66,786.60 66,786.60 Total $600,000.00 $401,799.01 $1,001,799.01 SIGNIFICANT DATES Filing Date 10/15/2004 12/31/2005 First Payment Date Sena 2004A Acreamcnts / Birch & Hogy vn / .9/20/2004 / 219 I'M ,ACSPIt INCSTED Advkors to rho R6lir Setter -18K- Page 8 • • • City of General Obligation Street Impro $620,000 Lino Lakes, Minnesota Improvement and Utility Revenue Bonds Series 2004A vement Projects (Birch & Hodgson) NET DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P +I 105% of Total Assessment Income (1) (2) (3) (4) (5) (6) 02/01/2005 02/01/2006 02/01/2007 02/01/2008 02/01/2009 02/01/2010 02/01/2011 02/01/2012 02/01/2013 02/01/2014 02/01/2015 02/01/2016 02/01/2017 02/01/2018 02/01/2019 02/01/2020 30,000.00 35,000.00 35,000.00 35,000.00 35,000.00 40,000.00 40,000.00 40,000.00 40,000.00 45,000.00 45,000.00 45,000.00 50,000.00 50,000.00 55,000.00 1.900% 2.250% 2.600% 2.900% 3.150% 3.400% 3.550% 3.700% 3.850% 4.000% 4.100% 4.200% 4.300% 4.350% 4.450% 27,240.92 21,922.50 21,135.00 20,225.00 19,210.00 18,107.50 16,747.50 15, 327.50 13,847.50 12,307.50 10,507.50 8,662.50 6,772.50 4,622.50 2,447.50 57,240.92 56,922.50 56,135.00 55,225.00 54,210.00 58,107.50 56,747.50 55,327.50 53,847.50 57,307.50 55,507.50 53,662.50 56,772.50 54,622.50 57,447.50 60,102.97 59,768.63 58,941.75 57,986.25 56,920.50 61,012.88 59,584.88 58,093.88 56,539.88 60,172.88 58,282.88 56,345.63 59,611.13 57,353.63 60,319.88 Annual Surplus (7) 66,786.60 66,786.60 66,786.60 66,786.61 66,786.59 66,786.60 66,786.61 66,786.61 66,786.60 66,786.59 66,786.60 66,786.60 66,786.60 66,786.60 66,786.60 6,683.63 7,017.98 7,844.85 8,800.36 9,866.09 5,773.73 7,201.74 8,692.74 10,246.73 6,613.72 8,503.73 10,440.98 7,175.48 9,432.98 6,466.73 Total $620,000.00 $219,083.42 $839,083.42 $881,037.59 $1,001,799.01 $120,761.42 Dated 11/15/2004 Delivery Date 11/15/2004 First Coupon Date 8/01 /2005 Yield Statistics Bond Year Dollars $5,510.89 Average Life 8.889 Years Average Coupon 3.9754643% Net Interest Cost (NIC) 4.0992193% True Interest Cost (TIC) 4.0937396% Bond Yield for Arbitrage Purposes 3.9401182% All Inclusive Cost (AIC) 4.3387813% IRS Form 8038 Net Interest Cost 3.9754643% Weighted Average Maturity 8.889 Years Series 2004A CX 2 / Improvement Prtrfeetr / 9/20/2004 / 2.•19 /M �SPRINGSTED Ad.'i;en' m (h+Nrblir 1,n?r -18L- Page 9 • $710,000 City of Lino Lakes, Minnesota General Obligation Improvement and Utility Revenue Bonds Water Utility Projects (Marshan Estates, 62nd Street, Holly Drive) DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P +I 105% of Total 02/01/2005 - 02/01/2006 35,000.00 1.900% 31,183.08 66,183.08 69,492.23 02/01/2007 40,000.00 2.250% 25,082.50 65,082.50 68,336.63 02/01/2008 40,000.00 2.600% 24,182.50 64,182.50 67,391.63 02/01/2009 40,000.00 2.900% 23,142.50 63,142.50 66,299.63 02/01/2010 40,000.00 3.150% 21,982.50 61,982.50 65,081.63 02/01/2011 45,000.00 3.400% 20,722.50 65,722.50 69,008.63 02/01/2012 45,000.00 3.550% 19,192.50 64,192.50 67,402.13 02/01/2013 45,000.00 3.700% 17,595.00 62,595.00 65,724.75 02/01/2014 50,000.00 3.850% 15,930.00 65,930.00 69,226.50 02/01/2015 50,000.00 4.000% 14,005.00 64,005.00 67,205.25 02/01/2016 50,000.00 4.100% 12,005.00 62,005.00 65,105.25 02/01/2017 55,000.00 4.200% 9,955.00 64,955.00 68,202.75 02/01/2018 55,000.00 4.300% 7,645.00 62,645.00 65,777.25 02/01/2019 60,000.00 4.350% 5,280.00 65,280.00 68,544.00 02/01/2020 60,000.00 4.450% 2,670.00 62,670.00 65,803.50 Total $710,000.00 $250,573.08 $960,573.08 $1,008,601.73 SIGNIFICANT DATES Dated 11/15/2004 Delivery Date 11/15/2004 First Coupon Date 8/01/2005 Yield Statistics Bond Year Dollars $6,304.89 Average Life 8.880 Years Average Coupon 3.9742664% Net Interest Cost (NIC) 4.0981385% True Interest Cost (TIC) 4.0928261 % Bond Yield for Arbitrage Purposes 3.9401182% All Inclusive Cost (AIC) 4.3380464% IRS Form 8038 Net Interest Cost 3.9742664% Weighted Average Maturity 8.880 Years Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriter's discount bid may also vary. Series Z004A G'2 / Water Liility / 9/20/2004 / 2:19 PM SPit INGSTED ,I4, r, re the tvnnr Surer -18M- Page 10 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE • ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: • • TERMS OF PROPOSAL $1,330,000 CITY OF LINO LAKES, MINNESOTA GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2004A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, October 25, 2004, until 11:30 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. DETAILS OF THE BONDS The Bonds will be dated November 15, 2004, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2005. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2006 $65,000 2007 $75,000 2008 $75,000 2009 $75,000 2010 $75,000 2011 $85,000 2012 $85,000 2013 $85,000 2014 $ 90,000 2015 $ 95,000 2016 $ 95,000 2017 $100,000 2018 $105,000 2019 $110,000 2020 $115,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be -18N- Page 11 • • • registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar that shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2010, and on any day thereafter, to prepay Bonds due on or after February 1, 2011. 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 shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify 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. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property and net revenues of the City's water utility. The proceeds will be used to finance various improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $1,315,370 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $13,300, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. -180- Page 12 • • • AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (1) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2- 12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bond, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. -18P- Page 13 • • OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 55 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (H) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated September 27, 2004 BY ORDER OF THE CITY COUNCIL -18Q- /s/ Ann Blair City Clerk Page 14 Extract of Minutes of Meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota, was held at the City Hall in the City on Monday, September 27, 2004, commencing at 6:30 o'clock P.M. The following members of the Council were present: and the following were absent: * * * The following written resolution was presented by Councilmember reading of which had been dispensed with by unanimous consent, who moved its adoption: RESOLUTION NO. 04 -142 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,330,000 GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2004A ,the BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (City) as follows: 1. It is hereby determined that: (a) the assessable public improvements known as the Birch and Hodgson Project (the Assessed Improvements) have been duly ordered by the City pursuant to the provisions of the City Charter; (b) the City engineer has also recommended the construction of various improvements to the City's utility system (Utility Improvements). -18R- (c) the City is authorized by Minnesota Statutes, Chapter 429 (Improvement Act) to finance all or portion of the cost of the Assessed Improvements by the issuance of general obligation bonds of the City payable from special assessments levied against benefited property, and is also authorized by Minnesota Statutes, Section 444.075 (Utility Act) to finance all or a portion of the cost of the Utility Improvements by the issuance of general obligation bonds of the City payable from the net revenues of the utility system. The cost of the Assessed Improvements and Utility Improvements are presently estimated to be as follows: Project Designation & Description Total Project Cost Assessed Improvements $ 600,000 Utility Improvements 688,445 Underwriter's Discount (1.10 %) 14,630 Costs of Issuance 22,950 Rounding Amount 3,975 Bond Issue $ 1,330,000 (d) it is necessary and expedient to the sound financial management of the affairs of the City to issue $1,330,000 General Obligation Improvement and Utility Revenue Bonds, Series 2004A (Bonds) pursuant to the Improvement Act and Utility Act to provide financing for the Assessed Improvements and the Utility Improvements. 2. To provide financing for the Assessed Improvements and the Utility Improvements, the City will issue and sell Bonds in the amount of $1,315,370. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $14,630. The excess of the purchase price of the Bonds over the sum of $1,315,370 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Offering: • THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,330,000 CITY OF LINO LAKES, MINNESOTA GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2004A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, October 25, 2004, until 11:30 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, n y be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price • and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. • DETAILS OF THE BONDS The Bonds will be dated November 15, 2004, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2005. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2006 $65,000 2007 $75,000 2008 $75,000 2009 $75,000 2010 $75,000 2011 $85,000 2012 $85,000 2013 $85,000 2014 $ 90,000 2015 $ 95,000 2016 $ 95,000 2017 $100,000 2018 $105,000 2019 $110,000 2020 $115,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. • BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar that shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2014, and on any day thereafter, to prepay Bonds due on or after February 1, 2015. 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 shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify 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. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property and net revenues of the City's water utility. The proceeds will be used to fmance various improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $1,315,370 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $13,300, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted SJB- 253389v1 LN 140 -88 -18U- • • • Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5 /100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. SJB- 253389v1 LN 140 -88 -18V- • CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City o by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2- 12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bond, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 55 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes SJB- 253389v1 LN 140 -88 -18W- • • • of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated September 27, 2004 BY ORDER OF THE CITY COUNCIL SJB- 253389v1 LN 140 -88 -18X- /s/ Ann Blair City Clerk • 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 6:30 o'clock P.M. on Monday, October 25, 2004, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: 110 whereupon the resolution was declared duly passed and adopted. • SJB- 253389v1 LN 140 -88 -18Y- • STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES I, the undersigned, being the duly qualified and acting City Clerk of the City of Lino Lakes, Minnesota, 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 Monday, September 27, 2004, 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 $1,330,000 General Obligation Improvement and Utility Revenue Bonds, Series 2004A of the City. WITNESS My hand as City Clerk and the corporate seal of the City this day of , 2004. (SEAL) SJB- 253389v1 LN 140 -88 -18Z- City Clerk City of Lino Lakes, Minnesota OPTIONS' • • AGENDA ITEM 3A STAFF ORIGINATOR: Daniel Tesch MEETING DATE: September 27, 2004 TOPIC: Resolution 04 -141 Changing Dates of December Council Meeting / Work Session VOTE REQUIRED: Simple Majority kBACKGROFD The City of Lino Lakes has set Monday, December 13, 2004 at 6:00 p.m. as the date for the City's required Truth -in- Taxation hearing. A continuation hearing, if needed, would be held Monday, December 20, 2004 at 6:00 p.m Traditionally, the City Council adjusts its December meeting schedule to coincide with these hearing dates. This adjustment would result in the second meeting of the month being held on Monday, December 20, and the second work session being held on December 15th Staff recommends adoption of Resolution 04 -141 officially rescheduling these meetings. 1. Adopt Resolution 04 -141 rescheduling Council December meeting dates. 2. Approve alternate dates. RECOMMENDATIOIV Option 1. -19- • • • CITY OF LINO LAKES RESOLUTION NO. 04-141 RESOLUTION RESCHEDULING DATES FOR DECEMBER COUNCIL MEETING AND DECEMBER COUNCIL WORK SESSION WHEREAS, the City Council of Lino Lakes has set their Truth in Taxation Hearings for December 13 and December 20; WHEREAS, the City Council of Lino Lakes has traditionally adjusted their December Council meeting dates to coincide with the dates of these hearings, WHEREAS, the second meeting of the month would therefore be conducted one week earlier than regularly scheduled, on Monday, the 20th of December, and the work session immediately preceding would therefore be held on Wednesday, the 15th of December, and WHEREAS, the dates of the December meetings would then be as follows: December 8, 2004 - work session December 13, 2004 — Council meeting December 15, 2004 — work session December 20, 2004 — Council meeting NOW THEREFORE BE IT RESOLVED, that the City of Lino Lakes, Anoka County, Minnesota, that: 1. The dates of the December meetings will be held as follows: December 8, 2004 — work session December 13, 2004 — Council meeting December 15, 2004 — work session December 20, 2004 — Council meeting Adopted by the Lino Lakes City Council this 27nd day of September, 2004. Ann J. Blair, City Clerk John J. Bergeson, Mayor - 2 0 - • • AGENDA ITEM NO. 5A STAFF ORIGINATOR: Rick DeGardner, Public Services Director COUNCIL MEETING DATE: September 27, 2004 TOPIC: Public Hearing, Consider 2nd Reading of Ordinance 11 -04, Winter Parking Restrictions VOTE REQUIRED: Simple Majority BACKGROUND: The Public Services Department's most important and visible task during the winter months is keeping the city streets in a safe, passable condition for vehicles. After a typical snowfall, it currently takes maintenance staff approximately 10 hours to clear the 1801 lane miles of city streets, 159 cul -de -sacs, 31 dead ends, and 17 parking lots. The most common and time - consuming problem we encounter is when vehicles are parked on the street during snow plowing operations. Not only is a large wind -row of snow left on the street when the snowplow operators drive around the "snowbird" vehicles, but the snow plow operators have to then drive back to where the vehicles were parked to clean up the "snowbird" areas. It's not uncommon for the snowplow operators to travel back to "snowbird" sites the following day to find that the vehicles haven't been moved. The following ordinance will allow city staff to clear the roads more efficiently and keep the streets in better condition throughout the winter months. ORDINANCE 11 -04 - WINTER PARKING RESTRICTIONS In order to expedite the prompt and efficient removal of snow from the streets of the City, it is unlawful for any person to stop, stand, or park any vehicle on any public street within the City between the hours of 2:00 am and 6:00 am between November 1 and April 1 of each year. Hardship exceptions are provided for with temporary on- street parking waivers as described below. In addition, parking is not allowed on any public street when 2" or more of snow has fallen until the street has been plowed. The official depth for the purpose of this subsection shall be determined by a duly appointed city official, whose determination shall be final and not subject to appeal. Any vehicle parked in violation of this subsection may be towed pursuant to Minnesota 111/ Statutes 169 -041. A violation of this subsection is a petty misdemeanor. Temporary On- Street Parking Waivers: When undue hardship may result from strict compliance with the winter parking restrictions above, the Lino Lakes Police Department may issue a temporary overnight parking waiver as provided herein upon application therefore by the operator of the vehicle. Issuance of Temporary Waiver: The following shall govern the issuance and use of temporary overnight parking waivers by the police department. (1) Undue hardship. Refusal of the grant would create an unnecessary and undue hardship. (2) Public health, safety and general welfare. Granting of the waiver would not present an unreasonable threat to the public health, safety, and general welfare. (3) Temporary circumstances. The circumstances resulting in the request for a temporary waiver shall be of a temporary nature such as driveway repairs, social occasions, numerous guests, and similar situations where the advantage of the city having vehicles off the street in the early morning hours is outweighed by the practical problems created by such prohibition of overnight parking. (4) Length of waiver. The waiver shall be for a length of time not to exceed the minimum time necessary to relieve the hardship as determined by the police department. (5) Release of liability. The city shall incur no liability for any damages to a vehicle parked on a city street per a waiver for overnight parking. (6) Records. The police department will maintain a record of parking waivers including the nature of the request and the time period for which the parking waiver was allowed. (7) Application to snow removal. A waiver for on- street parking shall not be a defense to the violation of this chapter relating to snow removal after a 2" or more snowfall. The timeline for passage of the winter parking restrictions ordinance will be as follows: September 13, 2004 September 27, 2004 October 5, 2004 November 5, 2004 Public Hearing and 1st Reading 2nd Reading Published in Quad Community Press Ordinance in Effect OPTIONS: 1. Open the Public Hearing, take comment, close Public Hearing, then approve the second reading of Ordinance 11 -04. 2. Return to staff. RECOMMENDATION: Option 1 _72- 9/17/2004 RD /Public Works/ Greensheet Parking Restrictions AGENDA ITEM 6.A. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: September 27, 2004 TOPIC: Resolution Number 04 -140 Preliminary Plat Allocation of MUSA Reserve Acres Speiser Acres ACTION REQUIRED: 3/5 vote BACKGROUND Jeff and Marni Sawyer have requested approval of a single family residential development called Speiser Acres. The property within the new subdivision consists of three existing lots, one with an existing single - family dwelling, and two lots of vacant land. The lot for the existing single - family dwelling will be enlarged to include the land on which some accessory buildings have been constructed. Another single - family residential lot with frontage onto Birch Street will be created, and the remaining acreage will be combined into one large lot. This application highlights an unusual situation that should be corrected. There are five existing homes on the north side of Birch Street that are outside of the MUSA boundary. Two of the five are on city sewer, and one of the five is on city water. As part of building a new single family dwelling on the single - family residential lot created by this plat, city utility connection will be required for the new lot. To prepare for the possibility of future utility connections along Birch Street, the city should allocate MUSA reserve to all of the lots fronting on Birch Street, with the exception of the large `outlot' being created as part of this plat. That lot should not have MUSA allocation until such time as further development occurs. Lot 1 of the proposed preliminary plat is a large outlot' that is zoned R -1 (Single Family Residential) and could be developed accordingly in the future. Though Lot 1 has frontage on Birch Street, that frontage is within the wetland portion of the lot. The upland portion of Lot 1 is primarily on the west side adjacent to the Shenandoah Third Addition and is provided access from the adjacent subdivision in the form of Sioux Lane. To accommodate the development proposal, the following approvals are necessary: 1. Preliminary Plat 2. Allocation of 6.5 acres of MUSA reserve • • Speiser Acres Page 2 ANALYSIS The following is a summary of the of the proposal: Gross Site Area 30.476 Acres Upland Area 17.159 Acres Total Lots 3 Gross Density 0.1 units per acre Net Density 0.18 units per acre Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area Location Existing -Land -Use - - - Guided Land Use Existing Zoning R -1 Site Single Family Dwellings, Vacant Low Density, Sewered Residential North County Park Public / Semi - Public PSP South Single Family Dwellings Low Density, Sewered Residential R -1 East County Park & Single Family Dwellings Public / Semi - Public & Low Density, Sewered Residential PSP & R -1 West Single Family Dwellings Low Density, Sewered Residential R -1 Growth Management, MUSA Reserve: Growth Management, Units/Year: The proposed plat will not result in a net increase in the number of buildable lots within the city, and as such does not create any issue with the Growth Management Policy or the Comprehensive Plan regarding the number of lots created. • • • Speiser Acres Page 3 MUSA Reserve: The attached table depicts the status of the staging plans for allocating MUSA reserve acreage for new /existing residential units that will connect to city utilities. The proposed plat will result in the potential for the five existing lots to fully connect to city utilities at the discretion of the property owners. Though the annual target of 36 acres for 2004 has been reached, a portion of the 20% flexibility allowance remains. Accordingly, staff is recommending allocating 1.5 acres of 2004 MUSA for lots 2 and 3 of Speiser Acres, and 5.0 acres of 2005 MUSA for the other lots on the north side of Birch Street. The `new' single - family residential lot will be required to connect to city utilities as part of the platting process. pproved Stoneybrook Century Farms North Ravens Hollow Justin's Preserve Junes Addition 27.7 27.7 15.3 11,4 13.5 5.4 9.4 55 20.9 20.9 3.7 3.7 1.4 1.4 Proposed Plats ,2004 , 2003 :006 .,.<2007 =- 2008 ; X009, .TOTAL' RESIDENTIAL:MilSA 14LL.00ATI01� ; 2003 Annual Target 36 36 36 36 36 0.7 36 36 252 pproved Stoneybrook Century Farms North Ravens Hollow Justin's Preserve Junes Addition 27.7 27.7 15.3 11,4 13.5 5.4 9.4 55 20.9 20.9 3.7 3.7 1.4 1.4 Proposed Plats West Shadow Ponds 2nd Pheasant Hills 12th Addn Speiser Acres 43.0 43.1 0.7 5.4 9.4 0.0 0.0 0.7 119% 5.6 43% 15% 26% 0% 0% 4.5 0 1.5 5.0 30.6 i 26.6 36.0 i 6.5 Ali Plats, Total Allocation Percentage of Target Remaining Allocation 43.0 43.1 20.6 5.4 9.4 0.0 0.0 121.5 119% 120% 43% 15% 26% 0% 0% 45% 0 0 15.4 30.6 i 26.6 36.0 36.0 130.5 Preliminary Plat Lots: The minimum lot size in the R -1 (Single Family Residential) zoning district is 10,800 square feet of upland. The three lots being created by the proposed plat will consist of 677,192 square feet, 22,002 square feet, and 48,252 square feet respectively. Streets: No new streets are needed or proposed as a part of the proposed preliminary plat. A new driveway from Birch Street will be needed for Lot 2, which is required to be a minimum of five feet from a side property line. No additional right -of -way is necessary on Birch Street, as it already has the complete 60 feet of right of way needed from centerline. • Speiser Acres Page 4 Wetlands: Wetlands are delineated within Lots 1 and 2 of the proposed preliminary plat. Drainage and utility easements cover those wetland areas. The project does not include any wetland impacts. Park Dedication: The current subdivision ordinance includes park dedication requirements, as adopted in 2001. Park dedication is $1665 per residential unit, less any land dedication. There is no land dedication needed, so the park dedication will be $1665. An existing trail on the north side of Birch Street adjacent to lots 2 and 3 of the proposed preliminary plat will not be affect by the proposed preliminary plat as it lies within the Birch Street right -of -way. Utilities: The new dwelling proposed to be built on Lot 2 will be required to connect to city sewer and water as a part of this request. The existing house included in Lot 3 of the proposed plat is not connected to city utilities, however it will be required to connect when the on -site septic system fails. Grading and Drainage: Easements are required adjacent to property lines (5 feet side -yard and 10 feet front and rear- yards). The plan is also subject to review and approval from the Rice Creek Watershed District. ENVIRONMENTAL BOARD The Environmental Board reviewed the project at the August 25, 2004 meeting. Recommendations are attached. PLANNING AND ZONING BOARD The above report was presented to the Planning and Zoning board at the September 8th meeting. After consideration of the issues, the board voted to recommend approval of the proposed preliminary plat and allocation of MUSA reserve. CONDITIONS OF APPROVAL 1. Lot 2 shall connect to city sanitary sewer and water. • 2. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 3. Park dedication of $1,665 shall be paid. 4. Permit from the Rice Creek Watershed District prior to City Council approval of a fmal plat. • • • Speiser Acres Page 5 OPTIONS. 1. Approve Resolution 04 -140 and the proposed preliminary plat, including the following: a. Allocation of 1.5 acres of 2004 MUSA reserve b. Allocation of 5.0 acres of 2005 MUSA reserve c. Preliminary Plat, with conditions. 2. Deny Resolution 04 -140 and the proposed preliminary plat. 3. Return to staff with direction. RECOMMENDATION Staff recommends approval of Resolution 04 -140 and this preliminary plat request. This review is based on the following plans and information: City Engineer Comments dated September 3, 2004 Environmental Board Comments, August 25, 2004 Certificate of Survey, received August 27, 2004 Preliminary Plat, received August 27, 2004 Preliminary Grading and Utility Plan, received August 27, 2004 2 3 4 5' 6 ..h, 12 csa.e. le ,waR e. R.L.S• 152 MARSHAN LAKE ®® msni 'd':, Am m� ®, :Q iA �pp�q AO to M • :1 • E Ong 0® Di „,,I'u n row �J SEMI Ea ,r11113,=” minim won - Effal urium lid Zpg'iRli,' Sp ® = E1P�,ald . Iwo 00 A m NEA E` xy ''. wiiiiii .�0� mama ® . '�-i1 lMI MEM 0 MIMI I, ee er•, . n immu mum 0 ©� MEM o�-�� • +� 111011.111`t0® aI prigr- RES 5553)- riviallEar -2 8 - 9 :1 TKDA ill) ENGINEERS • ARCHITECTS • PLANNERS • • MEMORANDUM To: James Studenski, City Engineer . Reference: Speiser Acres 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292 -4400 (651) 292 -0083 Fax www.tkda.ccm Copies To: City of Lino Lakes, Minnesota From: Scott A. Brink, P.E. Date: September 3, 2004 Comm. No. 12976 -002 Routing: A review of this proposed plat was previously provided in a Memorandum dated August 27, 2004. Since that date, an updated copy of the Preliminary Plat has been received. This review is therefore essentially a repeat of the August 27 memo with some adjustments as appropriate. The proposed Preliminary Plat of Speiser Acres consists of an unplatted area of property approximately 32 acres in size. The property is located along the north side of Birch Street (County Road 10) just east of Hokah Drive, or .30 mi. east of Hodgson Road (County Road 23). The proposed plat essentially provides for the re- sizing of 3 lots; 2 smaller lots along Birch Street (Lots 2 and 3) and a larger lot (Lot 1) that encompasses the majority of the property and extending to the north limits bordering the Anoka County Chain of Lakes Regional Park. Much of this larger northerly area of the property is covered by wetland. This review is based upon the following: A Preliminary Plat prepared by Advance Surveying and Engineering Company received by the City of Lino Lakes August 27, 2004. The following review comments are provided: 1. The proposed subdivision will require the review and approval of the Rice Creek Watershed District (RCWD). Rules indicate that any subdivision of property over 5 acres in size requires a permit from RCWD. 2. A new dwelling unit is proposed for Lot 2, and an existing dwelling is to remain on Lot 3. For the new dwelling unit, the lowest floor elevation is proposed at 891.7. The rear wetland area is listed as having a 100 year flood elevation of 886.0. The applicant shall be reminded that in accordance with the requirements of the City of Lino Lakes, the City's minimum building elevation floor elevation (including basement), must be the greatest of the following: 2 feet above the Design Flood Elevation, or 4 feet above the water table. The lowest building opening must be at least 1 foot higher than the emergency overflow elevation. As proposed, the building would appear to meet at least part of the above criteria, but would need to be verified further with regards to groundwater and emergency overflow requirements. An Employee Owned Company °—"^^ Affirmative Action and Equal Opportunity - 2 9 - Speiser Acres Page 2 September 3, 2004 City of Lino Lakes, Minnesota • • • The Contractor shall be responsible for obtaining an NPDES Permit and Storm Water Pollution Prevention Plan in accordance with State of Minnesota Law if grading will amount to 1 acre or greater. This would also require providing to the City a copy of the Stormwater Pollution Prevention Plan (SWPPP), required as part of the NPDES submittal. If the actual area of property to be disturbed is less than 1 -acre, an NPDES permit will not be required. For any side grading, regardless of the acreage, sedimentation and erosion control measures shall be required in accordance with the City of Lino Lakes. 4. Platted drainage and utility easements (standard requirement of the City of Lino Lakes) must be provided adjacent to property lines (5 ft. sideyard and 10 ft. front and rear). A drainage and utility easement has been provided on the plat to encompass the wetland area. 5. Lot 1 is accessible (potentially /future) from Hokah Drive /Sioux Lane located 0.3 mi. north of Birch Street. Lot 1 (with the exception of the wetland area) would appear to be generally higher ground with potential for future development. However, any future intent is not shown or indicated per the information submitted. It is therefore recommended that access and utility provisions for Lot 1 be addressed at this time. 6. Any new or upgraded access to Birch Street shall require the review and approval of Anoka County. 7. Proposed sewer and water utility connection services have been added to the plan. The sizes of the mains and services must be provided, and the locations shown for the existing mains are incorrect. Notes and details must be included with plans providing for adherence to the standards and requirements of the City of Lino Lakes. This shall include standard details for watermain and sanitary sewer services and appurtenances, and notes referring to utility construction requirements of the City of Lino Lakes and Utility Specifications of the City Engineer's Association of Minnesota (CEAM) as applicable. Any work within the right of way of Birch Street shall require the review and approval of Anoka County along with a permit from the County. 8. The proposed plat subdivision and construction must adhere to Floodplain and Shoreline Management requirements of the City of Lino Lakes as applicable. • Memo F RNOk\KES To: Paul Bengtson CC: Michael Grochala From: Marty Asleson Date: August 31, 2004 Re: Recommendations of the August 25, 2004 Environmental Board Environmental The Environmental Board met on August 25, 2004 and made the following recommendations: Speiser Acres 1. A native plant buffer should be planted on the North side of the property 2. No soils should be imported or exported with out City approval. 3. Additional surface water from the site should be directed as much as possible to the existing depression and swale area existing on the site. The suggestion was made to connect the depression area with the swale area if possible. 4. Save as much of the existing aspen stands as possible. These aspen stands act as excellent wetland filters for surface water. Motion made to approve with above recommendations. Motion by O'Dea, 2"d by Bor. All were in favor. Motion passed. • • ) ic ND - c -- S:f2lhHN814S BIRCH STREET xnu a 5 AZIVNINIlaUcT ro • • CITY OF LINO LAKES RESOLUTION NO. 04 -140 RESOLUTION APPROVING THE ALLOCATION OF MUSA RESERVE AND PRELIMINARY PLAT FOR SPEISER ACRES WHEREAS, the City has received an application for preliminary plat approval for property currently described to -wit: See Exhibit A and WHEREAS, the applicant is proposing to subdivide the property into three parcels described as: Lots 1-3, Block 1, Speiser Acres ; and WHEREAS, the preliminary plat approval request is based on the following submittals: 1. Preliminary Plat of Speiser Acres, prepared by Advance Surveying & Engineering Company, and dated August 9, 2004. 2. Survey of Speiser Acres, prepared by Advance Surveying & Engineering Company, and dated August 9, 2004. 3. Lot 2 Detail, Speiser Acres, prepared by Advance Surveying & Engineering Company, and dated August 9, 2004. WHEREAS, at their meeting on September 8, 2004, the Planning & Zoning Board conducted a public hearing and recommended approval of the preliminary plat subject to the conditions listed in the meeting minutes; and WHERAS, the proposed preliminary plat meets the requirements of the City's zoning ordinance and subdivision ordinance subject to certain conditions of approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the preliminary plat for Speiser Acres subject to the following conditions: 1. Lot 2 shall connect to city sanitary sewer and water. 2. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 3. Park dedication of $1,666 shall be paid. • • City Council Speiser Acres September 27, 2004 4. Permit from the Rice Creek Watershed District prior to City Council approval of a final plat. BE IT FURTHER RESOLVED that 1.5 acres of MUSA reserve for the year 2004 be allocated for lots 2 and 3 of Speiser Acres; and that 5.0 acres of MUSA reserve for the year 2005 be allocated for the properties addressed as 441 Birch Street, 461 Birch Street, 473 Birch Street, and 495 Birch Street. Passed by the Lino Lakes City Council this 27th day of September 2004. John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk EXHIBIT A e LEGAL DESCRIPTION That part of Government Lot 6 lying Easterly ofShenandoah 3rd Addition and lying Southerly of the following described line: Beginning at Northeast corner ofblock 5, Shenandoah 3rd Addition, thence Southeasterly to Southeast comer ofsaid Government Lot 6 and there terminating; subject to easement ofrecord and The South 229.74 feet ofthe East 104.35 feet ofthe West 744 feet ofthe Northwest quarter of the Southwest quarter of Section 29, Township 31, Range 22, Anoka County, Minnesota, said distance being measured parallel to the South and West lines ofsaid Northwest quarter ofthe Southwest quarter, (Subject to an easement for road purposes over the Southerly 33 feet thereoi7(Except part platted as Anoka County Highway Right -Of -Way Plat Number 11) and The Northwest quarter of Southwest quarter of Section 29, Township 31, Range 22, Anoka County, Minnesota, Except the South 229.74 feet of East 104.35 feet of West 744 feet thereof, also except East 208.7 feet of West 952.7 feet of the South 208.7 feet ofsaid quarter quarter, also except thatpart ofsaid quarter quarter described as following: Beginning at a point on South line ofsaid quarter quarter 1145feetEast of Southwest Corner thereof, thence North parallel with West line ofsaid quarter quarter $ISfeet thence East parallel . with said South line 169.75 feet plus orminus to East line ofsaid quarter quarter, thence South along said East line 615 feet plus orminus to Southeast comer ofsaid quarter quarter, thence West along said South line 169.65 feet plus orminus to point of beginning; also except thatpart ofsaid quarter quarter described as following: Beginning at Southeast corner ofShenandoah 3rd Addition, thence South 89 degrees 17 minutes 25 seconds East assumed bearing, along South line ofsaid quarter quarter 140.82 feet thence North 00 degrees 43 minutes 14 seconds East 314.73 feet thence North 03 degrees 20 minutes 01 second West 134.58 feet thence North 89 degrees 17 minutes 35seconds West 131.09 feet to East line ofsaid Addition, thence South along said East line to point ofbeginring, also except that part platted as Shenandoah 3rad Addition, except mad subject to easements ofrecord • • • AGENDA ITEM 6 B STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: September 27, 2004 TOPIC: i. Ordinance No. 22 -04 Rezone From R -X to Residential Planned Unit Development ii. Resolution 04 -136 Planned Unit Development Stage Plan/Preliminary Plat, and Allocation of MUSA Reserve iii. Resolution 04 -137 Variance to Allow Infrastructure Construction Prior to Final Plat Pheasant Hills Preserve 12th Addition VOTES REQUIRED: BACKGROUND 3/5 for rezoning ordinance 3/5 for CUP /PUD /Plat /MUSA resolution 3/5 for variance Mr. Ed Vaughan has submitted an application to develop property that includes an island near Ruffed Grouse Road. This will require a rezoning from its existing Rural Executive zone (R -X). Under the City's current ordinance, this will require a rezoning to residential planned unit development (PUD) and the corresponding development stage plan/preliminary plat. The project also will require allocation of MUSA reserve acres. The project has been discussed since the original submittal in April 2001. A summary timeline is attached at the end of this report. A petition for the preparation of an Environmental Assessment Worksheet (EAW) prompted the City to require an EAW in 2002. This put the application review process on hold. The City completed the process for an EAW with its decision that no Environmental Impact Statement is necessary. Under the deadline law (MN Stat 15.99), the deadline period begins again after the completion of a process required by statute. The negative declaration occurred August 9th. The 60 -day review period began again then, and expires on October 8th. The last city council meeting before the deadline is September 27th. The subdivision ordinance requires that a final plat approval must be obtained before streets, water, and sanitary sewer infrastructure are constructed. Because of the City's growth management limitations, the project cannot be final platted until 2005. The MnDNR permit for constructing a bridge expires November 30, 2004. Therefore., a • • Pheasant Hills Preserve 12th Addn. page 2 variance from the infrastructure timing requirement is needed in order for the project to proceed. ANALYSIS Land Use, Density, Zoning The table below identifies the existing land use and zoning as well as guided land uses for the area. The comprehensive plan guides the island and the end of the "peninsula ", where the proposed lots are shown, for Low Density Sewered Residential land use. The site is within the Stage 1 growth area, which means the City can consider serving the site with utilities prior to year 2010. The following is a summary of the of the proposal: units 8 units /acre total site gross density 0.26 units /acre total site net density 0.91 units /acre Block 1 & Block 2 only gross density 0.71 units /acre Block 1 & Block 2 only net density 1.42 units /acre These densities are derived from the following lot data. It should be noted that the private road is included in these lot areas. If the private road easement were subtracted, the density would be very slightly higher, though still well within the ranee required by the comprehensive plan. Location Existing Land Use Guided Land Use Existing Zoning Site vacant Low Density Sewered Residential R -X, Rural Executive North regional park PSP Public /Semi- Public PSP Public Semi - Public South single family residential and wetland Low Density Sewered Residential and Rural R -1X Single Family Executive and R -X Rural Executive- - East regional park, wet_ and, Rural, PSP R -X,PSP -- - West wetland and single family residential PSP and Low - Sewered Residential R -X, PSP, R -1 The comprehensive plan guides the island and the end of the "peninsula ", where the proposed lots are shown, for Low Density Sewered Residential land use. The site is within the Stage 1 growth area, which means the City can consider serving the site with utilities prior to year 2010. The following is a summary of the of the proposal: units 8 units /acre total site gross density 0.26 units /acre total site net density 0.91 units /acre Block 1 & Block 2 only gross density 0.71 units /acre Block 1 & Block 2 only net density 1.42 units /acre These densities are derived from the following lot data. It should be noted that the private road is included in these lot areas. If the private road easement were subtracted, the density would be very slightly higher, though still well within the ranee required by the comprehensive plan. • s L1 B1 Block 1 subtotal L1 B2 L2 B2 L3 B2 L4 B2 L5 B2 L6 B2 L7 B2 Block 2 subtotal Pheasant Hills Preserve 12th Addn. page 3 aross ac upland ac 3.96 0.90 3.96 0.90 1.02 0.95 0.87 0.60 1.05 0.60 0.70 0.49 0.85 0.55 1.24 0.75 1.60 0.78 7.33 4.72 subtotal Block 1 & Block 2 only 11.29 5.62 Outlot A 2.00 0.16 Outlot B 17.38 3.04 TOTAL 30.67 8.82 Growth Management: MUSA: The City's growth management policy (Ordinance 01 -03) implements growth policies of the comprehensive plan. It establishes limits on the number of new units to be approved as well on the use of MUSA reserve. The site requires MUSA, so the MUSA reserve limit is relevant. The 36 -acre target has been reached for 2004, but the policy allows an additional 20% (7.2 acres). To date, 36 acres have been approved for 2004. The additional 5.6 acres for this project will bring the total to 41.6, or 15% over the target. Units: The 147 units per year have been reached for 2004 and the allowable 20% also has been used (see attached table). As of the August 23 City Council meeting, 133 lots have been approved for 2005, so there are lots available for 2005 if the City Council is willing to use the discretionary 20 %. Variance: As part of the City's growth management regulations, the subdivision ordinance prohibits infrastructure construction until a final plat is approved. Section 1010 -6 states: The construction of streets, facilities for sanitary sewer and water, and other improvements beyond grading, wetland, and stormwater facilities shall not begin until approval of a final plat. The developer has a permit from the Minnesota Dept. of Natural Resources to build a bridge. This permit expires November 30, 2004. The DNR has informed the developer • • Pheasant Hills Preserve 12th Addn. page 4 that the permit will not be extended, and the bridge must be finished by the expiration date. If the bridge is not built, there is no access to the island. The subdivision ordinance addresses variances in Section 1002 -5: The City Council may approve variances from the requirements of this Subdivision Ordinance. All variance requests from these subdivision regulations shall comply with Section 2, Subd. 4 of the Lino Lakes Zoning Ordinance, as may be amended. The cited section is the normal variance section of the zoning ordinance. Therefore, variances from the subdivision ordinance are handled just like variances from the zoning ordinance. Normally, a variance must go to the Planning & Zoning Board for a recommendation. However, because we are facing a statutory 60 -day deadline, we don't have the time to bring it to the P & Z first. PUD Zoning: The site currently is zoned R -X, Rural Executive. A rezoning is needed if the project is to proceed. The project includes numerous unusual physical aspects. The standard zoning and subdivision requirements of the City's ordinances would not allow the project as proposed. The current zoning ordinance does not allow a conditional use permit for a PUD in a single family zone. Therefore, we can't just rezone BP D. The following elements are those that don't meet standard requirements. • The project is located within a shoreland management overlay district that includes land within 1000 feet of the ordinary high water level (OHWL) of Wards Lake. Wards Lake has an ordinary high water level (OHWL) of 883.7. Technically everything at or below this elevation is within Wards Lake. This lake is classified as a Natural Environment Lake, and therefore there is a minimum setback from the OHWL of 150 feet. The proposed project does not meet the requirements for setbacks because the island is less than 300 feet wide: There is no spot on the island that is 150 feet from all edges of the island. • Section 1102.09, Subd. 3.B. of the shoreland ordinance states: "Roads, driveways, and parking areas must meet structure setbacks and must not be placed within shore impact zones when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts." (The shore impact zone is one -half the setback, or 75 feet.) The proposed private road is within the shore impact zone. In order to place the road elsewhere, the house pads would need to be moved closer to the other side of the island, reducing the setback even further. • Pheasant Hills Preserve 12th Addn. page 5 • The maximum cul de sac length is 500 feet, as stated in Chapter 302.03, Subd. 1.(8). The existing cul de sac, Wild Turkey Trail and Ruffed Grouse Rd., is over 1000 feet. The proposed project would extend this nonconforming situation. Because of these inconsistencies with standard ordinance requirements, the proposal includes the use of a planned unit development (PUD). A PUD is not intended simply to be a way to avoid development ordinance standards. A PUD offers the opportunity to deviate from strict application of ordinance requirements to achieve goals —such as more efficient use of land and preservation of desirable site characteristics —that would not be - possible when adhering to normal ordinance requirements. Several elements, such as a preservation area buffer along one side of the island and the swales, would promote environmental goals. An important question for the proposed project is whether the proposed design meets enough of such _goals to justify the many deviations from normal requirements. The specific requirements relative to the proposed project are discussed below. PRELIMINARY PLAT/PLANNED UNIT DEVELOPMENT Section 2, Subd. 10.A. of the zoning ordinance discusses the purpose of a planned unit - .... _ • n :.D • ■ • • - • .1 •1 • .1 ° • • application should be compared to these purposes in order to justify any flexibility requested by the applicant. Purpose and Intent. The purpose of this section of the Zoning Ordinance is to provide for the grouping of lots or buildings for development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, or sporadic approach to development. This section is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of lots, buildings and activities, which promote the goals outlined in the Comprehensive Plan or serve another public purpose. It is further intended that planned unit developments are to be characterized by central management, integrated planning and architecture, joint and common use and maintenance of parking, open space and other similar facilities, and harmonious selection and efficient distribution of uses. The PUD, by allowing deviation from the strict provisions of this Ordinance related to setbacks, heights, lot area, width and depths, yards, etc., by conditional use permit or a mixture of uses by rezoning to a PUD District, is intended to encourage: 1. A development pattern in harmony with the objectives of the Comprehensive Plan. e • Pheasant Hills Preserve 12th Addn. page 6 2. Innovations in development that address growing demands for all styles of economic expansion, greater variety in type, design, architectural standards, and siting of structures through the conservation and more efficient use of land in such developments. 3. The preservation and enhancement of desirable site characteristics such as existing vegetation, natural topography and geologic features and the prevention of soil erosion. 4. A creative use of land and related physical development which allows a phased and orderly transition of varying land uses in close proximity to each other. 5. An efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments. 6. Promotion of a desirable and creative environment that might be prevented through the strict application of City zoning and subdivision regulations Urban PUD Purposes: a. Preservation of wildlife habitat and unique natural resources. b. Reduction of negative impacts on the environment. c. Creation of common open space that provides a unified landscape for the use and enjoyment of the neighborhood community and /or the general public. d. A variety of urban residential lot sizes, configurations, and neighborhoods. While a PUD allows for flexibility from standard zoning requirements, it can be useful to compare certain design elements to the standard requirements. The following table summarizes selected project design elements and compares them to related requirements. proposed lot size R -1X: 12,825 sf 21,697 (smallest lot) setbacks local street 30 ft or 25 ft from internal streets in PUD 30 ft impervious R -1X: max 65% shoreland: 35% < 30% open space 50% for PUD Outlots: 63% • • • Pheasant Hills Preserve 12th Addn. page 7 Lots: The proposal includes eight lots. One lot would be on the "peninsula" at the end of the existing Ruffed Grouse Road. Seven lots would be on an island. It is difficult to say exactly what is included in the "upland" data submitted for each lot. The wetland is one edge, but the ordinary high water level, which establishes the lake edge, is a different line. However. they are in close proximity to one another. According to the submitted data, the smallest lot, Lot 4 on the island, is 21,697 sf of upland. This upland figure includes the private easement for the road , which would cover about 3,000 sf on that lot. Even subtracting this private easement, and some area that is below the OHWL but above the wetland edge, the lots will be large. Streets, Access: Access to site is via Ruffed Grouse Road and Wild Turkey Trail to Birch St. The addition of eight single family homes will pose no problems for these roadways. The proposal includes a short extension of Ruffed Grouse Road and a bridge to the island. A road would then run along the south side of the island to provide access to lots there. It is not advisable for the City to take on the expense of maintenance and repair for the bridge. In addition, it is City policy that landscaped islands are not allowed in cul de sacs, as is proposed on the extension of Ruffed Grouse Rd. Therefore, the road extension, bridge, and the island road will be private facilities. They will be owned and maintained by a homeowner association made up of property owners in the development. A private easement will be established across all the lots to contain the road and bridge. How to allocate costs between island owners and Lot 1 Block 1 would be a matter to be worked out by the developer in the association documents. The road design will need to be revised as recommended by the City Engineer to ensure emergency vehicle access. This refers to radii on curves and other details. The submitted bridge design corresponds with the latest information submitted as part of the EAW review. The City will require provisions in the development agreement to enable the City to step in and effect repairs, should the association fail to maintain the bridge and roads, and assess the cost to the property owners. The City also would require an inspection and maintenance program. Residents have raised the question of possible damage to the roads by construction vehicles. It is standard practice for the City Engineer to examine roads before and after construction and charge any damage to the developer. Stormwater Management: There will be a small collection area in Lot 1, Block 1, within a small landscaped area in the road. There will be two ponds on the island, one at each end. In addition, stormwater will be collected in several areas prior to running into the ponds. This will allow more infiltration and filtering of stormwater. • Pheasant Hills Preserve 12th Addn. page 8 The lots will be custom graded, which means that the grading will be determined as part of the individual building permit. This allows close attention to the trees, slopes, and other features of the lots. The normal mass grading typically devotes less attention to these details in order to be more cost effective for the developer. Utilities: The project will be served with water and sanitary sewer via existing facilities in Ruffed Grouse Rd.. A sanitary sewer lift station is proposed on the island, at the east end of the bridge. These utility extensions, like the roads and bridge, will be private utilities, owned and maintained by the homeowner association. How to allocate costs between island owners and Lot 1 Block 1 would be a matter to be worked out by the developer in the association documents. The City will require provisions in the development agreement to enable the City to step in and effect repairs, should the association fail to maintain the utility facilities, and assess the cost to the property owners. The City also would require an inspection and maintenance program. Park Dedication: Park dedication would be calculated based on the number of lots. Because the dedication fee may change prior to final plat approval, this report does not include a calculation of the total dedication. S Additional EAW Issues: The identified the following issues to be addressed as part of the plat review and approval: EAW process identi 1. The City will require a specific and extensive tree preservation plan for the plat and individual plans for custom graded lots. These are required in the City's newly adopted subdivision and zoning ordinances. An overall plan was submitted, individual lots will be addressed with the building permits. This is a standard requirement, but is included as a condition of approval. 2. Erosion control and tree protection measures must be installed before grading begins on the project. The City has begun strict enforcement of these requirement. This will be addressed as part of standard project inspection by the City Engineer. This is a standard requirement, but is included as a condition of approval. 3. Individual custom grading of each lot will be examined to minimize impacts to the existing topography and minimize other impacts to the environment. Plans must clarify where mass grading is proposed, if any, and where custom grading is proposed. An overall plan was submitted, individual lots will be addressed with the building permits. This is a standard requirement, but is included as a condition of approval. 4. The construction of rainwater gardens in individual lots will be used if possible, increasing infiltration of stormwater runoff. • • Pheasant Hills Preserve 12th Addn. page 9 5. A delineated preservation area on the north side of the island will be clearly marked during clearing and construction on the site. Care will be exercised to not damage valuable trees or disturb designated buffer zones. This area will remain in a natural state. Covenants will be used so property owners cannot remove vegetation in this area. Monuments will be posted delineating this area. Drainage from the rear of the homes will travel through this area allowing infiltration and reducing runoff. The project approval will include a mechanism such as covenants or a conservation easement to protect this area. A covenant will be required as part of the homeowner association documents as a condition of approval. 6. Using roof leaders to direct runoff away from impervious surfaces will reduce the volume of runoff from the site. This will be considered with house and lot design. 7. Covenants will be included in homeowners' association bylaws to prohibit the use of phosphorous on the lawns. A covenant will be required as part of the homeowner association documents. 8. The posting of signs and other aspects of a protection plan, as recommended by MN DNR,- will -be required to help protect Blanding's Turtles . This is a condition of approval. 9. A flat bridge design will minimize the visual impacts compared to a truss bridge. The clearance under the bridge will be approximately 12 feet above ordinary high water level, and approximately six feet during 100 -year flood conditions, which allows for canoe access. The new design includes these features. 10. Any fill activity in the lake (below the ordinary high water level) or dewatering must conform to DNR standards. This will be addressed with project inspection. 11. If any wetland fill does become necessary due to the revised bridge design, the developer must obtain necessary approvals from the Rice Creek Watershed District prior to City Council approval of the preliminary plat. The bridge design must be reviewed by the RCWD. 12. The City will require utility and roadway specifications that demonstrate compliance with current City standards. These will be of greater detail than have been submitted to date. The City Engineer has reviewed the submittal. 13. The City will require a pre - construction survey and monitoring program for noise and vibration (as noted above). A plan has been submitted and must be executed as part of construction. • • Pheasant Hills Preserve 17th Addn. page 10 14. Damage to existing streets will be considered in the establishment of financial securities for a development agreement for the project. It is standard procedure to observe roads before and after construction to determine any damage. Any damage will be charged to the developer. 15. A small, temporary noise wall must be constructed around any dewatering pump that will run after daytime working hours. This is a condition of approval. 16. A condition regarding no disturbing wetlands beyond 100 feet from the back of their homes will be included in the project requirements and recorded against all properties as a platting requirement. This is a condition of approval. 17. The City will require provisions in the development agreement to enable the City to step in and effect repairs, should the association fail to maintain the infrastructure, and assess the cost to the property owners. The City also would_ require an inspection and maintenance program. This will be included in the development agreement and /or homeowner association documents, as determined by the City Attorney. 18. The City would impose a prohibition on the burning of vegetation cleared during construction and require that vegetation be chipped and the chips disposed of off site. This is a condition of approval. ENVIRONllTENTAL BOARD The Environmental Board reviewed the proposal in December 2001. The Board recommended denial of the application . PLANNING & ZONING BOARD The P & Z Board reviewed the proposal in January 2001. The Board recommended denial of the application because of the numerous departures from zoning and subdivision requirements and, in the Board's opinion, the failure to meet the purposes of a planned development. • Pheasant Hills Preserve Pth Addn. page 11 OPTIONS 1. Approve the application by approving the following: i. First Reading of Ordinance No. 22-04, approving rezoning to Residential PUD. ii. Resolution 04-136, approving PUD Development Stage Plan/Preliminary Plat and MUSA Reserve Allocation. iii. Resolution 04137, approving variance from requirement that aTinal plat Must be approved before infrastructure can be constructed. 2. Deny the application by denying the ordinance and two resolutions. RECOMMENDATION Option 1 • • • Pheasant Hills Preserve 12th Addn. page 12 Summary History of the Pheasant Hills Preserve 12th Addition Project: April 2001 September 2001 December 2001 January 2002 February 2002 March 2002 August 2002 August 2003 October 2003 April 2004 May 10, 2004 June 1, 2004 July 9, 2004 July 15, 2004 August 9, 2004 Project submittal for comprehensive plan amendment, rezone to planned development, and preliminary plat. Submittal incomplete. New submittal, incomplete. Additional information received over following weeks. Environmental Board voted to recommend denial of project as submitted. P & Z voted to recommend denial of the project as submitted. City received petition requesting preparation of EAW. City Council required preparation of an EAW. Comprehensive plan adopted, which includes site in Low Density Sewered Residential area, eliminating the need for the comprehensive plan amendment. EAW completed and distributed for public comment: notice in EQB Monitor Sept. 1, comment period ends October 1. Comments raised questions, City notifies applicant that more info needed on specific items. Information received over next months. City Council work session, Council instructs applicant to provide more information with specific info needed by staff (bridge, noise). Bridge images submitted. Bridge piling /abutment sketches submitted. Draft Record of Decision distributed to Env. Bd., applicant, neighborhood (petitioner) representative Environmental Board recommends negative declaration. City Council holds a public hearing. Council makes a negative declaration: an Environmental Impact Statement is not warranted. September 3, 2004 New plans submitted. • • • Pheasant Hills Preserve 12th Addn. page 13 Kt51Ut1N 11AL MUSA ALLOCATION 2003 2004 2005 2006 2007 2008 2009 TOTAL annual target 36.0 36.0 36.0 36.0 36.0 36.0 36.0 252.0 27.7 55.0 20.9 3.7 1.4 0.7 Stoneybrook 27.7 Century Farms North 15.3 11.4 13.5 5.4 9.4 Ravens Hollow 20.9 Justin's Preserve 3.7 Junes Addition 1.4 proposed West Shadow Ponds 2nd 0.7 Pheasant Hills 12th Addn 5.6 Speiser /Sawyer 1.5 5.0 total 43.0 43.1 20.6 5.4 9.4 0.0 0.0 121.5 remaining of annual 36 -7.0 -7.1 15.4 30.6 26.6 36.0 36.0 130.5 exceeds target by 19% 20% 0) 0) o .� E r O N 0 N 0) N r r CO 0 CO La N r N r r r d' N O N CO 231 CO r d tl CO !Phasing plans by year (lots /units to be final platted) 0 12008 O CY) Ch r) c) O O N M N I- O O N N 1.0 r. 0 N CO N CO T T co T el' 0 0 N CO r 1 56 ..4r•-• - r V' N ti r C O N N ID CO r O O M N N N - r CO •- year end 2002 L() r O E cis L a (+) 0 O 249 r 0 56 O r h N 1.0 N O r r' N O r N W r CO r (Q 1.0 Development Name approved prelim. plats IStoneybrook • 'a 10 Q - C N Century Farms North Keefe: prel plat, not final plat Morton (minor subdiv) Ravens Hollow Haley Manor (10 new lots) Crystal Cove Millers Crossroads Lakeview Estates (2 new) Snell (minor subdivision) Pheasant Hills Pres. 13th Justin's Preserve IMarshan Estates Rice Creek Church duplex Rice Church: Oakwood View Junes Addn Highland Meadows East 2nd IMarshan Townhomes 2nd N Ci) 0 O z1 'Pheasant Hills 12th island I West Shadow Ponds 2nd Add (Fox Den Acres (resubmittal) total - 5 1 - O N O N N 03 N ° ti 0) N O O O N eL ✓ L N- To �- z a) k- C O O (o T O O ct3E▪ ) O rn — C C U) C C .0 N ,� m E E X Q L L Qi • • CITY OF LLNO LAKES ORDINANCE NO. 22-04 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM R -X TO RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR PHEASEANT HILLS PRESERVE 12TH ADDITION The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1: Findings The City Council makes the following findings regarding the application for rezoning the property described below, based on the factors listed in Section 2, Subd.1E of the Lino Lakes zoning ordinance: 1. Mr. Ed Vaughan submitted an application for an amendment to the zoning ordinance to rezone land to Planned Unit Development (PUD). The currently zoning of the site - - - -- is -R -X., Rural Executive.- - - atting the -site as Pheasant Hills Pres.,rve 12th Addition. 3. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan, as the site is guided for Low Density Sewered Residential uses. 4. The proposed use is compatible with present and future land uses of the area. The site is guided for Low Density Sewered Residential use. Land to the west is guided for similar use and is developed as a single family neighborhood. Land to the north is a regional park reserve. Existing and anticipated future land uses in the area are considered compatible with the proposed uses. 5. Upon compliance with the conditions of approval set forth in Resolution 04 -136, the proposed uses will conform with all performance standards contained in the zoning ordinance and other requirements. 6. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Utilities are currently available to the site and there is ample capacity for the addition of eight homes. 7. Traffic generation by the proposed use —eight new homes —is within capabilities of streets serving the property. • Section 2 The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 is hereby amended by rezoning from R -X, Rural Executive to Residential Planned Unit Development pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: (see Attachment for legal description) Section 3 Development shall conform with plans, requirements, and conditions of approval listed in Resolution 04 -136 and associated information. Section 4 As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Section This ordinance shall be in force and effect from and after its passage and nnhlir,ation according to the Lino Lakes City Charter. Passed by the Lino Lakes City Council this day of , 2004 ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor - 5 3 - Ordinance 22 -04, page 2 • • ATTACHMENT A: LINO LAKES ORDINT4NCE 22 -04 Description of PHEASANT HILLS PRESERVE 12TH ADDITION Outlot D, PHEASANT HILLS PRESERVE, Anoka County, Minnesota, EXCEPT that part of Outlot D, PHEASANT HILLS PRESERVE being in the West one half of the Northwest one - quarter, Section 27, Township 31,. Range 22 Anoka County, Minnesota described as follows: Commencing. at the Southeast corner of the West one -half of said Northwest one - quarter, Section 27; thence North 01 degrees 00 minutes 55 seconds West along the East line of said West one -half, Northwest one quarter, Section 27 a distance of 57.73 feet to the Southeast corner of said Outlot D for a point of beginning of the tract to be described; thence North 01 degrees 00 minutes 55 seconds West, along the East. line of said Outlot D a distance of 910.02 feet; thence South 89 degrees 22 Minutes'49 seconds West, a distance of 580.47 feet; thence South 01 degrees 00 minutes 55 seconds East, parallel with the East line of said Outlot D, a distance of 548.90 feet; thence North 89 degrees 22 minutes 49' seconds East, parallel with the South line of said Northwest one quarter, Section 27: a distance of 416.00 feet: thence South 01 degrees -00 minutes 55 seconds East, parallel with the East line of said Outlot D a distance of 370.14 feet to -the Northerly right -of -way line of C.S.A.H. No. 10 (Anoka County Right -of -Way Plat No. 11); thence North 85 degrees 24' minutes 36 seconds East along said right -of -way line a distance of 28.66 feet; thence continuing along said right -of -way line along a, curve concave to the- North (which has a radius of 3879.72 feet, a delta angle of 02 degrees 00 minutes 31 seconds, and an arc length of 136.02 feet) a chord bearing and distance of North 86 degrees 24 minutes 53 seconds East, 136.01 feet to the point of beginning. And EXCEPT the North 1100 feet of Outlot D, PHEASANT HILLS PRESERVE, Anoka County, Minnesota. And EXCEPT the South 400 feet of the North 1500 feet of the East 600 feet of Outlot D, PHEASANT HILLS PRESERVE, Anoka County, Minnesota - 54 - Ordinance 22 -04, page 3 • CITY OF LINO LAKES RESOLUTION NO. 04 -136 RESOLUTION APPROVING AN APPLICATION FOR A RESIDENTIAL PLANNED UNIT DEVELOPMENT STAGE PLAN/PRELIMINARY PLAT, ALLOCATION OF MUSA RESERVE, FOR THE PROPOSED PHEASANT HILLS PRESERVE 12T11 ADDITION WHEREAS, the Lino Lakes City Council makes the following findings: Findings 1. Hokanson Development has submitted an application for a residential planned unit development (PUD) and a development stage plan/preliminary plat for the PUD. This would require the allocation of Metropolitan Urban Reserve Area (MUSA) acres by the City. 2. The site includes approximately 30.7 acres. • 3. The comprehensive plan guides the site for Low Density Sewered Residential development . 4. The site was rezoned from R -X, Rural Executive to Residential Planned Unit Development by Ordinance No. 22 -04. 5. The Lino Lakes Growth Management Ordinance, Ordinance No. 01 -03 establishes a goal to limit new growth n the city to an average of 147 new housing units per year, with the ability to exceed this target by 20% at the City Council's discretion. This project can fit within the 20% if final platted in year 2005. 6. The Planning & Zoning Board held a public hearing on the application on January 9, 2002. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the application for a planned unit development/development stage plan for Pheasant Hills Preserve 12th Addition. BE IT FURTHER RESOLVED that the City Council approves the allocation of 5.6 acres of MUSA reserve for Blocks 1 and 2 of Pheasant Hills Preserve 12th Addition. BE IT FURTHER RESOLVED that the following conditions of approval apply: • 1. Erosion control and tree protection measures must be installed before grading begins on the project, as required by City ordinance. 2. Individual custom grading of each lot will be examined to minimize impacts to the existing topography and minimize other impacts to the environment. 3. The construction of rainwater gardens in individual lots will be used if possible, increasing infiltration of stormwater runoff. 4. A delineated preservation area on the north side of the island will be clearly marked during clearing and construction on the site. Care will be exercised to not damage valuable trees or disturb designated buffer zones. This area will remain in a natural state. Covenants will be used so property owners cannot remove vegetation in this area. Monuments will be posted delineating this area. Drainage from the rear of the homes will travel through this area allowing infiltration and reducing runoff. The project approval will include a mechanism such as covenants or a conservation easement to protect this area. 5. Covenants shall be included in homeowners' association documents to prohibit the use of phosphorous on the lawns. 6. The posting of signs and other aspects of a protection plan, as recommended by MN DNR, will be required to help protect Blanding's Turtles . 7. The revised project and bridge design shall be submitted for review by the Rice Creek Watershed District. A permit must be obtained from the Watershed District prior to final plat approval by the City. 8. The City Engineer's comments in the memo of September 17, 2004 must be addressed to City Engineer's satisfaction. 9. The developer shall implement the pre - construction survey and monitoring program for noise and vibration prior to any grading or construction work commencing on the site. 10. A small, temporary noise wall must be constructed around any dewatering pump that will run after daytime working hours. 11. Homeowners shall not disturb wetlands beyond 100 feet from the back of their homes. This prohibition shall be included in the homeowner association documents. 12. The bridge, roads, water, and sanitary sewer utilties within the project shall be privately owned and maintained. There must be an inspection and maintenance program for the bridge and utilities. There shall be provisions in the development agreement and homeowners association documents to enable the City to step in and effect repairs to the bridge, road, and water and sanitary sewer facilities if the - 56 - Resolution 04 -136, page 2 • • association fails to maintain them, and assess the cost to the property owners without challenge by the property owners. This is not intended to give responsibility for maintenance to the City except in emergency situations. This requirement is intended to protect public health and safety. These provisions shall be executed before work begins on the bridge or utilities. 13. There shall be no burning of vegetation cleared during construction. Vegetation shall be chipped and the chips disposed of off site. 14. Park dedication shall be cash, calculated based on the park dedication fees in effect at the time of final plat. 15. Bridge rails shall be wood or a material of similar appearance, to be reviewed by City staff prior to commencing construction. 16. The project shall not be final platted until 2005 to comply with the growth management policy. 17. Homeowners association declaration/covenants must be submitted for City Attorney review as required by the City's final plat requirements. 18. Any elements of the project not specifically addressed by the approved plans shall be subject to appropriate requirements of the R -1X zoning district and of other applicable City ordinances and controls. 19. This approval is based on the following submittals: • Existing, Conditions, September 3, 2004 • Site Layout Plan, September 3, 2004 • Grading and Drainage Plans C3.1 and C3.2, September 3, 2004 • Erosion Control Plan, September 3, 2004 • Tree Preservation Plan, September 3, 2004 • Utility Plan, September 3, 2004 • Preliminary Plat, September 3, 2004 • Typical Section & Quantitites for bridge, September 3, 2004 • General Plan & Elevation for bridge, September 3, 2004 Adopted by the Lino Lakes City Council this day of 2004. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor - 5 7 - Resolution 04 -136, page 3 • • • CITY OF LINO LAKES RESOLUTION NO. 04-137 RESOLUTION APPROVING A VARIANCE FROM THE SUBDIVISION ORDINANCE PROHIBITION ON CONSTRUCTING INFRASTRUCTURE PRIOR TO APPROVAL OF A FINAL PLAT, PHEASANT HILLS PRESERVE 12TH ADDITION WHEREAS, the Lino Lakes City Council makes the following findings: 1. Section 1010 -6 of the Lino Lakes subdivision ordinance states: The construction of streets, facilities for sanitary sewer and water, and other improvements beyond grading, wetland, and stormwater facilities shall not begin until approval of a final plat. 2. Mr. Ed Vaughan, the developer of the proposed Pheasant Hills Preserve 12th Addition, has a permit from the Minnesota Dept. of Natural Resources to build a bridge to an island. This permit expires November 30, 2004. The DNR has informed the developer that the permit will not be extended, and the bridge must be finished by the expiration date. 3. The site is within the property described in attachment A. 4. The subdivision ordinance addresses variances in Section 1002 -5: The City Council may approve variances from the requirements of this Subdivision Ordinance. All variance requests from these subdivision regulations shall comply with Section 2, Subd. 4 of the Lino Lakes Zoning Ordinance, as may be amended. 5. Section 2, Subd. 4 of the Lino Lakes Zoning Ordinance lists criteria for variances, stating that in considering all requests for variance or appeal and in taking subsequent action, the City shall make specific findings of fact. 6. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. • The subdivision ordinance states that construction of streets, facilities for sanitary sewer and water, and other improvements beyond grading, wetland, and stormwater facilities shall not begin until approval of a final plat. If the bridge is not built, there is no access to the island. Without access to the island, the use of the land is questionable. • 7. The plight of the landowner is due to physical circumstances unique to his property not created by the land owner. • The site is a natural island. 8. The hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. Economic considerations do not create the need for a _variance.__ The issue is - -a permit from the Minnesota Dept. of Natural Resources, which is not controlled by the City. 9. Granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. • There is no known situation that would involve a permit from a state agency with a deadline to build a bridge to an island. -10. That the proposed actions will be in keeping with the spirit and intent of the ordinance. • • The project itself, once approved by the City Council, is deemed in keeping with the spirit and intent of the ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves a variance to allow the construction of the bridge permitted by Minnesota Department of Natural Resources permit number 2001 -6109 prior to the approval of the final plat for Pheasant Hills Preserve 12th Addition. Adopted by the Lino Lakes City Council this day of 2004. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor - 59 - Resolution 04 -137, page 2 • • ATTACHMENT A: LINO LAKES RESOLUTION 04 -137 Description of PHEASANT HILLS PRESERVE 12TH ADDITION Outlot D, PHEASANT HILLS PRESERVE, Anoka County, Minnesota, EXCEPT that part of Outlot D, PHEASANT HILLS PRESERVE being in the West one half of the Northwest one- quarter, Section 27, Township 31,. Range 22 Anoka County, Minnesota described as follows: Commencing. at the Southeast corner of the West one -half of said Northwest one - quarter, Section 27; thence North 01 degrees 00 minutes 55 seconds West along the East line of said West one -half, Northwest one quarter, Section 27 a distance of 57.73 feet to the Southeast corner of said Outlot D for a point of beginning of the tract to be described; thence North 01 degrees 00 minutes 55 seconds West, along the East. line of said Outlot D a distance of 910.02 feet; thence South 89 degrees 22 Minutes'49 seconds West, a distance of 580.47 feet; thence South 01 degrees 00 minutes 55 seconds East, parallel with the East line of said OutlotD, a distance of 548.90 feet; thence North 89 degrees 22 minutes 49' seconds East, parallel with the South line of said Northwest one • uarter Section 27• a distance o 4 . - . of . -• -- minutes 55 seconds East, parallel with the East line of said Outlot D a distance of 370.14 feet to -the Northerly right -of -way line of C.S.A.H. No. 10 (Anoka County Right -of -Way Plat No. 11); thence North 85 degrees 24' minutes 36 seconds East along said right -of -way line a distance of 28.66 feet; thence continuing along said right -of -way line along a, curve concave to the- North (which has a radius of 3879.72 feet, a delta angle of 02 degrees 00 minutes 31 seconds, and an arc length of 136.02 feet) a chord bearing and distance of North 86 degrees 24 minutes 53 seconds East, 136.01 feet to the point of beginning. And EXCEPT the North 1100 feet of Outlot D, PHEASANT HILLS PRESERVE, Anoka County, Minnesota. And EXCEPT the South 400 feet of the North 1500 feet of the East 600 feet of Outlot D, PHEASANT HILLS PRESERVE, Anoka County, Minnesota. - 60 - Resolution 04 -137, page 3 • TKDA ENGINEERS • ARCHITECTS • PLANNERS MEMORANDUM To: 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292-4400 (651) 292 -0083 Fax www.tkda.com James Studenski, City Engineer Reference: Pheasant Hills Preserve 12th Addition Copies To: City of Lino Lakes, Minnesota From: Scott A. Brink, P.E. Date: September 17, 2004 The following documents have been received: Comm. No. 12976 -002 Routing: 1. Construction plan set (half -size and full size) titled "Pheasant Hills Preserve 12th Addition" prepared by Loucks Associates, and received by the City of Lino Lakes on September 3, 2004._. Included - -__ within the plan set are the following sheets: CO -1, C1 -1, 02 -1, C3 -1, C3 -2, C3 -3, C3 -4, C4 -1, C6 -1, C8 -1, C9 -1, Bridge Typical Section and Quantities, and Bridge General Plan and Elevation. 2. Letter from the City of Lino Lakes to Ed Vaughan addressing Environmental Assessment Worksheet (EAW) items. 3. Responses to comments in Record of Decision pertaining to plat approval (responses provided by Loucks Associates and received by the City of Lino Lakes September 3, 2004). 4. Letter from STS Consultants, Ltd. To Ed Vaughan dated September 3, 2004 addressing Noise, Vibration and Pre - construction Building Survey in Conjunction with the Road and Bridge Construction. 5. Letter from the Minnesota Department of Natural Resources to Ed Vaughan dated August 31, 2004 regarding DNR Permit No. 2001 -6109. An Environmental Assessment Worksheet (EAW) was previously prepared for this proposed development, and comments provided. This review essentially acknowledges some of the remaining environmental review issues while providing a more detailed technical review of the proposed infrastructure improvements (utilities, roadway, grading, etc.). General Comments The following general comments are provided: 1. The proposed project area essentially extends from the end of an existing cu -de -sac (Ruffed Grouse Road), which is approximately 1500 feet in length when measured from County Road 10. With an An Employee Owned Company P. _ 6"1 _ ffirmative Action and Equal Opportunity Pheasant Hills Preserve 12th Addition Page 2 September 17, 2004 City of Lino Lakes, Minnesota 7 additional 1200 feet in length for the proposed improvements, this results in a dead end street roughly 0.5 miles long which significantly exceeds the City's minimum cul -de -sac length of 500 feet. This may be a concern for emergency vehicle and fire access and maintenance, especially when considering that the proposed bridge and new street will not meet City standards for width. Public Safety (Police and Fire) are therefore reviewing the plan as well. In addition, the development will be served from a long dead end (6 -inch diameter) watermain. As a result, adequacy for fire protection (water circulation and pressure) is also being verified. A main environmental concern is the noise and vibration from the pile driving (bridge construction) activity. In addition to work activity allowed only during established hours by the City, temporary noise walls around pumps will be required by the City. As stated in the August 17, 2004 letter to Ed Vaughan from the City of Lino Lakes, the City will require a preconstruction survey and monitoring program based upon specifications used by MnDot. The letter addresses specifics in more detail. 3. The proposed bridge design must address the visual /aesthetic concerns expressed by the City, and shall be subject to the City's approval. The proposed structural bridge plan is also being reviewed further and will be subject to further comments. The bridge must all meet also meet any further applicable requirements of the Minnesota Department of Transportation and Anoka County. Any temporary fill or impacts to the wetland during the course of construction must also be addressed. 4. The Grading .Plan indicates that Soil Borings were conducted by STS on March 6, 2002, and a copy of the boring logs has been attained. However, no report or set of recommendations from a geotechnical engineer has been provided. The boring logs provided show a wide variation of silty sands, silty and sandy clays, and peat throughout the project area. It is therefore expected that at least some soil correction measures will be needed during the course of roadway and utility construction, and construction of the housing units themselves. A report and recommendations from a geotechnical engineer must therefore be provided to further verify the design of the supporting infrastructure, including roadway and utility construction, building foundations, and bridge construction. Groundwater levels and potential impacts on construction must also be known. Grading 1. Because of the environmental sensitivity of the project site, custom grading of each lot must be provided to minimize impacts to the existing topography. The Grading Plan notes should also specify that all grading and disturbance work shall be confined to within the construction limits as established on the plan and approved by the City in the field prior to activity. Erosion control and tree protection measures must also be established prior to any work activity, including the delineation of the preservation area on the north side of the island. The preservation area must be clearly shown on the grading plan, shall be marked in the field by the Developer, and shall be field verified and approved by the City prior to commencing any work activity. Construction traffic and operations shall also be staged with the bridge construction to allow for access to the site and minimize impacts to the natural area. Because the site essentially sits at the end of a very long cul -de -sac, the neighborhood will experience regular intervals of construction traffic 7 Pheasant Hills Preserve 12th Addition City of Lino Lakes, Minnesota Page 3 September 17, 2004 and activity. An existing condition assessment of Ruffed Grouse Road should be conducted, and the Developer be responsible for any damage or repairs to the street upon completion of construction. 3. The proposed Grading Plan must be approved by the Rice Creek Watershed District (RCWD). It is our understanding that RCWD reviewed a proposed plan in September of 2001, and the application was tabled with conditions. A re- submittal or application to RCWD shall be submitted as r equired by RCWD, and a copy of the permit and/or permit application must be provided to the City. 4. The Minnesota Department of Natural Resources (DNR) has reviewed the proposed plan and several requirements of the DNR must be met with regards to construction of the bridge, and working within the bounds of a public water. The Developer must successfully attain all permits and approvals required of the DNR that are needed to construct the improvements as proposed, including re- submittals for any applications that may have expired or been revised. 5. The plan intends to fill 2460 cu.yd. into the floodplain. Any flood plain filling must be approved by the City of Lino Lakes, Rice Creek Watershed District, and Minnesota Department of Natural Resources. 6. the plan appears to incorporate the balancing of the creation of water quality detention basins with preservation as much as possible. Previous review comments expressed a desire for the cons action of rainwater gardens as possible to encourage infiltration for runoff. The Grading and Drainage Plan provides a note stating that rain gardens are to be constructed as needed. Lots 1 -5 are designated as custom graded with rainwater gardens, although no rain garden locations are actually shown. The plans would therefore seem to suggest that rain gardens may or may not be constructed. If it is desired to have rain gardens installed, it is recommended that they be shown on the grading plan, or that the City review and approve the grading of each individual lot prior to the issuing of a building permit. Utilities 1. The site proposes to utilize existing sanitary sewer and water that currently terminate at the end of Ruffed Grouse Road. This includes 8 -inch diameter sanitary sewer and 6 -inch diameter watermain. Prior to any construction, detailed utility construction plans (including plans and profiles) must be provided in accordance with City requirements. All utility system materials and installation methods shall follow City of Lino Lakes engineering standards, and the requirements of the Standard Utilities Specifications of the City Engineers Association of Minnesota. Notes are provided on the plans to that effect. 3. All trenches (including services) shall be backfilled and compacted and meet 100% maximum Standard Proctor Density in the upper 3 -feet from finished road elevation, and 95% maximum Standard Proctor Density below the upper 3 -feet. 4. Further details regarding the insulation of water and sewer must be provided. Pheasant Hills Preserve 12th Addition City of Lino Lakes, Minnesota • Watermain Page 4 September 17, 2004 The following comments, specific to watermain are provided as follows: 1. Standard watermain details of the City of Lino Lakes shall be provided, including the following: Hydrants - Waterous Pacer WB -67; Valves - Mueller A2370 -20 or equal; Corp Stop - Mueller H- 15000;- Curb -Stop and -Curb Box -- Mueller - -H - -15 -154 Mark -2 ()rascal and Mueller H -1300 w/Mpls. Top. DIP pipe shall be Class 52. The Developer shall provide to the City of Lino Lakes a copy of the completed Minnesota Department of Health (MDH) Permit for watermain installation. • 2 3. All watermain shall be tested, disinfected approved per the requirements of the City of Engineers Association of Minnesota Standard Specifications and Minnesota Department of Health prior to acceptance by the City. 4. With regards to the number and location of hydrants and valves, the plans shall be subject to the review of the City Fire. Chief._ As_ previously mentioned, the devlopment -wi-ll be served from -a- long - dead end (6 -inch diameter) watermain (Ruffed Grouse Road), and the pressure adequacy at the end of the main is being, verified. Sanitary Sewer 1. The Developer shall provide to the City of Lino Lakes a copy of the completed MPCA Sanitary Sewer Permit, including correspondence and approval of Metropolitan Council Environmental Services (MCES). 2. The Utility Plans shall include notes providing for erosion and sedimentation control. The Developer must provide a televised inspection of all sanitary sewer pipes upon completion of installation. Any required cleaning of sediment from the sewer pipes after construction shall be the responsibility of the Developer. 3. All sanitary sewers shall be tested and approved per the requirements of the City of Engineers Association of Minnesota Standard Specifications prior to acceptance by the City. 4. All sanitary sewer services shall be PVC Schedule 40 or SDR 26. 5. The proposed lift station requires some additional information for review, including the following: pump and motor specifications, gate valve specs, wet and dry well elevations and sizes, inlet and force main pipe elevations, etc. If the lift station is intended to be owned and/or maintained by the City of Lino Lakes, the station must meet all City requirements and shall be subject to the review and approval of the City Utilities Superintendent. • • Pheasant Hills Preserve 12th Addition Page 5 September 17, 2004 City of Lino Lakes, Minnesota Storm Sewer The Standard Catch Basin detail shown shall be replaced by City of Lino Lakes standard Type 406 or Type 409 as appropriate. Other 1. A Tree Preservation Plan has been submitted as required. The Plan shall be subject to further review and approval of the City. 2. Provisions and coordination work for the extension of private utilities to the site (gas, electric, communication, etc.) shall be the responsibility of the Developer. 3. It is suggested that the street entrance radius at the end of Ruffed Grouse Road be enlarged to provide for a smoother turning movement on to the new street (i.e., incoming traffic is routed around the center island area correctly) to mitigate potential vehicle conflicts. 4. Per the requirements of the City of Lino Lakes, basement floor elevations must be at least 4 -feet above the normal water elevation and 2 -feet above the design flood level. The lowest building opening must be a minimum of 1 -foot higher than the emergency overflow elevation. According to the plan, the ordinary high water line of the surrounding wetland is 883.7. The minimum basement floor elevations as shown on the plan (888.6 and greater) would therefore appear to be adequate based on comparison to the ordinary high water mark. However, the 100 -year elevation of the surrounding wetland (as shown on the plan) is 887.6. The minimum floor elevation would therefore be required to be at least 889.6 for all units. In addition, the high water elevations of Pond 1 and Pond 2 are 888.32 and 888.61 respectively. Therefore, proposed units adjacent to those ponds must be at least 2 feet above those respective elevations. In addition to the pond and wetland elevations, a geotechnical report must be provided in order to ascertain if there are any further concerns with regards to groundwater elevations. 5. The proposed street serving the property (including the bridge) does not meet standard City requirements for width and other design requirements such as curb and gutter. In addition, a geotechnical recommendation is not available to confirm if the existing subgrade material is adequate, or if it should be removed and replaced with a suitable granular base. It is therefore expected that the street will be designated as a private street, and this must be clearly established in an Agreement between the City and the Developer (including all subsequent and future property owners). In addition, all roadway and bridge maintenance including snow plowing would not be the responsibility of the City. Pheasant Hills Preserve 12th Addition City of Lino Lakes, Minnesota • Page 6 September 17, 2004 6. In addition to erosion control requirements, all graded and disturbed areas must be seeded and established as soon as possible. The City of Lino Lakes has adopted a specific seed specification for environmentally sensitive areas. The Developer shall attain a copy of the seed specification from the City and shall seed and restore all graded areas in accordance with the requirements of the City of Lino Lakes. 7. The Grading Plan includes a note that addresses NPDES permitting requirements. The Developer shall be aware of recent revisions in the law that has introduced further requirements with regards to NPDES permitting, including the submittal of a Stormwater Pollution Prevention Plan (SWPPP) to the City of Lino Lakes. 8. A certified as -built survey must be provided by the Developer's Engineer upon completion of grading that certifies that all grading complies with the Grading Plan. This certification shall be required prior to the issuance of any building permits. 9. Standard platted drainage and utility easements are provided along all property lines and wetland and detention areas as required. Maintenance activities must be clearly defined in an agreement between the City and the Developer and the eventual Owners and/or Association. • • • September 3, 2004 `.EP 0 � 2004 Mr. Ed Vaughan 1432 Pheasant Hills Drive Ctry'C:i Lino Lakes, MN 55038 Re: Work plan for Noise, Vibration and Pre - construction building Survey in conjunction with theBridoe and Road Construction at Pheasant Hills Preserve 12th Addition in Lino Lakes, Minnesota; STS Project 98623 -B Dear Mr. Vaughan: The site of the proposed Pheasant Hills Preserve 12th Addition is a ridge of higher land or "island" totally encircled by a wetland. In order to construct this project, it will be necessary to build a bridge across the wetland. Because of the depths of compressible organic soils at the bridge site, we have recommended that the bridge should be supported on driven piles. Your consulting engineer for this project, Loucks and Associates, Inc., has asked us to provide for the planned activities to monitor and control the potential noise and vibration impacts to the adjacent residential neighborhood to the west, associated with the pile driving during this construction. We will also comment on the planned pre - construction building survey of structural conditions of these houses. Pre - Construction Building Survey Prior to the actual construction of any of the earthwork or pile driving for the bridge construction, STS Consultants, Ltd. on behalf of the developer will conduct an on site observation of each of the residences within 200 feet of the proposed construction. We anticipate that eight houses will be observed. Permission to enter into the individual residences will be arranged with the home owner. The inspection of the home will be conducted by an experienced building condition inspector from STS in conjunction with a representative of the City of Lino Lakes and the home owner. Photographic, video and written records of the interior and exterior of the residence will be made, with any existing cracks or distress to the house detailed. If cracks are observed, crack monitoring gaugesdevices will be installed and photographed as initial conditions and monitored during the construction. A representative of STS will be available on site during the pile installation activities to receive communication from the residents and further assess potential complaints of distress. Noise For this project, the use of steel pipe piles have been recommended for support of the bridge. The pile driving hammer creates impulsive noise (series of repeated sounds) which would slightly exceed the noise standards for a Noise 1 classification area, namely 60 to 65 decibels. Thus the pile driving should be restricted to no earlier than 8 AM, and no later than 4 PM, with no pile driving on Saturdays and Sundays. STS will monitor ambient sound levels within the neighborhood prior to start of construction to determine a base level of background noise. During the pile driving operations, STS will monitor and record noise levels intermittently adjacent to the pile driving equipment, at a distance of fifty (50) feet from the equipment and at adjacent to the exterior of selected houses in the neighborhood, closest to the construction. The letter from the City dated August 17, 2004, sets a sound level limit criteria of 90 decibels when measured at 50 feet from the equipment. If this sound level is exceeded, modifications to the pile driving hammer, cushion block or fuel setting will be implemented to reduce the noise level. STS will coordinate with the piling contractor and developer to verify implementation of any such modification, and record retesting of the system. Vibration • • Company STS Project # Date Page 2 With respect to vibration effects from pile driving, we have reviewed actual seismograph data taken adjacent to pile driving operations. This material was provided to us courtesy of LH Bolduc Company and Carl Bolander and Sons Company. The seismograph tests indicate that the frequency of the vibrations is less than 2 cycles per second and the maximum particle velocity recorded, ever as close as 15 to 20 feet from the pile driver, is generally less than 1 inch per second. On this basis, there should be no damage to the nearest house, which is 70 feet from one end of the bridge. It should be noted that the human body is quite sensitive, and thus occupants of the house might feel some small vibrations, or some crockery may rattle during the pile driving, but the effects on the structure should be none or negligible. STS will provide a continuously recording seismograph to the site during all pile driving operations. We will also establish pre - existing vibration levels in the neighborhood resulting from street traffic such as garbage or delivery trucks. During construction, vibration levels (amplitude and frequency will be recorded at the closest house to the pile driving operations and at any nearby home where a complaint is made. If vibration levels exceed 1 inch /sec particle velocity, modifications to the pile driving will be necessary. Records of vibration events will be submitted to the City upon completion of the piling operations, or as any issues or complaints arise. The pre - condition survey, and pre - construction noise and vibration studies can be initiated upon your request. The results of these surveys can be forwarded to the City if you desire. If we can be of further service, please call us. Sincerely, STS CONSULTANTS, LTD. James H. Overtoom, P.E. Principal EngineerNice President JHO/ cc: Mr. Jeff Shopek — Loucks and Associates, Inc. C623B001.doc .*1 2 titszb 1+Hr T.-k-At IHMAA If PLf CNTERVILLE--.. LAKE -kr kV" a--44 4t'4 71e7iVilt‘ZeiW■Ird,,:.'4.- /4:117Wilift tdati N.114*. a..t.T 4,1%P- at, , 47AmmEntrary ,A6 DANARklizie : (fPla .04.Av E MBA 0 trot. %41 inm„,-V'ettiSTIr9L----rir,,oly‘ :A mr-ru,' Ag IMINIMMEMINIIIFIL331 TOM Will_ .,41. 4i6M.-... .AKql ,,t, — • :LAr. ,doeAlt 371, liti . iral 1 MEINTIV4111 . II*2192.Z. a illoWal YUi51 111M.1.1.1 Werii7t;'ilctiffiff D. It 7'. hildifigniarAlliilliggraikitiM ' rit.rciP racii . , 40 liprAt ..,4131 or, larmilm . ; Atm mite i's „,„,_„..... . - r- I 5fr'7 +.r3 SHADED AREA. DENOTES PARK LOCATION U MAP - h 9 - OF • DETAIL OF PROPOSED LAND USE PLAN LINO LAKES COMPREHENSIVE PLAN Note: The island is intended to be Low Density Sewered Residential. A mapping glitch superimposed the Rural area over the island in the existing maps. The map below shows the project site as it should have been mapped Public /Semi - Public Low Density Sewered Residential J r Rural 11JS tt e - 7 0 - Birch Street =Y 0 2 • ........ i . ...... i ... U . E R ■ I5771H IINVSV3Hdl 1a11 "0 /0 'Li 009; -310 oW7I'M- 06'845 0 Ia11a0 10 +.17 3 4Lhl Pl/a�ad CC 0 Ln tLi as 4 V7 z J 0= 3z Q crt VI a W a a as • a La U w • 0 g 3 0011 EDGE OF WOODS & CATTAILS • • U) W U) W W z CC U • LO Q 3 Li c O C' W J o a w F- 9f "09Z M„1f,f&,ON --- 9f -0Zf, 1.1r,61 . r. - 7 2 - a U —a. ASSOCIATES a t`t, :x0111 I Ai 1 edc38o'nazIal I 2 • 3AH3S3d1d STIR IINNSN3Hd 1.11+10 10 1d 009;53 JO -� 2 1- -7 06'909 i 0 1o1H10 JO aH7 '3 411M I IILa0d--'- --- 9f'0591 3 lf•f! L1J - -- if. 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G5 Ora f - 7 9 - - 0 1 0 o 0 u u LL I >a �3 O � 1 0 o I O In �QD U h ¢Ss W° h Wz W3 U �g n In I m u mp ' 4 _ I1 n 0 U, C W_ a W n k!I In W tl r °e 0u 0 0 E a ag O • STAFF ORIGINATOR: AGENDA ITEM 6C Mary Alice Divine DATE: 09/27/04 TOPIC: Public Hearing: Consideration of Resolution No. 04- 139, Approving a Redevelopment Contract for Legacy at Woods Edge Vote Required: Simple Majority BACKGROUND: On November 24, 2003 the City established TIF District No. 1 -11. This district is a 25 -year redevelopment district intended to provide a source of revenue for development of the city's downtown area, known as Woods Edge. Hartford Group, Inc. has submitted a proposal for development of this project, estimated to develop market value in the range of approximately $116 million- $138 million. This proposal is in keeping with the city's Comprehensive- Plan, which designates the area for high density, pedestrian oriented mixed -use. The Comprehensive Plan's objective for development of this site is to establish a central gathering place, or "downtown" for residents that will be a source of community identity and pride. This development has not occurred solely through private efforts and Hartford Group has requested public participation to develop in a manner consistent with the Comprehensive Plan goals for this site. In addition, improvements to Lake Drive and the 35W bridge may justify some public expenditure. The major components of the Redevelopment Contract are explained in the attached report from Springsted, the city's financial consultant on the project. The city's Economic Development Advisory Committee has reviewed the applicant's request and recommended approval of the proposal. EDAC also recommended that the city pursue addressing the 35W bridge replacement option to take best advantage of the $2.4 million in Lake Drive improvements. EDAC also recommended the city continue to pursue senior housing options. Members want to encourage a senior rental component, but do not want to tie a developer to pursue options the market does not support. After taking public testimony, staff recommends the public hearing be continued to Monday, October 11, 2004 at 6:30 p.m. On October 11 both the EDA and the City Council will consider approving the Redevelopment Contract . RECOMMENDATION: Open the public hearing. • • CITY OF LINO LAKES RESOLUTION NO. 04 -139 RESOLUTION APPROVING A CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN THE LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF LINO LAKES AND LEGACY HOLDINGS/LINO LAKES, LLC BE IT RESOLVED By the City Council ( "Council ") of the City of Lino Lakes, Minnesota ( "City ") as follows: Section 1. Recitals. 1.01. The Lino Lakes Economic Development Authority ( "Authority ") administers Development District No. 1 (the "Project)" pursuant to Minnesota Statutes, Sections 469.124 to 469.134 ( "Development District Act "). 1.02. The Authority, the City and Legacy Holdings/Lino Lakes, LLC (the "Developer ") have proposed to enter into a into a Contract for Private Development (the "Contract "), setting forth the terms and conditions of redevelopment of certain property within the Project, referred to generally as the Legacy at Woods Edge Project. 1.03. The Council has reviewed the Contract and finds that the execution thereof and performance of the City's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval: Further Proceedings. 2.01. The Contract as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Administrator, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Administrator are hereby authorized to execute on behalf of the City the Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. SJB- 253373v1 LN 140 -80 -84- • • Approved by the City Council of the City of Lino Lakes, Minnesota this of , 2004. ATTEST: City Clerk SJB- 253373y1 LN140 -80 - 8 5 - Mayor • S5 E. SEVENTH PLACE, SUITE 100 SAINT PAUL, MN S5101-2887 651- 223 -3000 FAX: 651 -223 -3002 MEMORANDUM TO: SPRINGSTED Advisors to the Public Sector Gordon Heitke, Director of Administration Lino Lakes Michael Grochala, Community Development Director Lino Lakes Mary Alice Divine, Economic Development Coordinator Lino Lakes Al Rolek, Finance Director Lino Lakes FROM: Paul Steinman, VP Housing & Economic Development Terri Heaton, Senior VP Client Representative Mikaela Huot, Project Manager CC: Steve Bubul, Kennedy & Graven DATE: September 20, 2004 SUBJECT: Legacy at Woods Edge Project Analysis Revised section on minimum assessment/value agreements This purpose of this memo is to provide an outline of the primary development points of the Legacy at Wood's Edge project. Background The project as proposed includes a geographic area of about 40 acres. Of that, approximately half lies within TIF District 1 -11, a redevelopment district. This split development is a bit unique, and provides a number of financial advantages to the City which will be discussed later in this memo. The following states the value of new construction for each component of the proposed project: • Outside the TIF District $60,131,100 - $68,006,100 • Inside the TIF District $55,785,000 - $69,855,000 Total estimated final value of project $115,916,100 - $137,861,100 The build -out schedule anticipates the final commercial and multi - family projects will be completed in 2008, allowing full value of the development to be assessed 2009 for taxes payable 2010. This Hartford proposal has been under consideration for about a year. Since that time staff and Springsted, along with Kennedy & Graven, legal counsel, have held numerous meetings to discuss the major development points of the project — including planning, timing, financing, CORPORATE OFFICE: SAINT PAUL, MN • Visit our website at www.springsted.com IOWA • KANSAS • MINNESOTA • VIRGINIA • WASHINGTON, DC • WISCONSIN -86- • City of Lino Lakes September 20, 2004 Page 2 infrastructure improvements, YMCA commitments, Metropolitan Council grants, and most specifically the developer's request for assistance. Special Assessments Typically, a maximum special assessment amount would be established within the development agreement including a waiver from the developer requiring acceptance of special assessments up to that amount. Should the project come in below the estimated costs, the special assessments would then be reduced accordingly. Total estimated infrastructure costs, as identified in the feasibility study, include the following: TABLE 1 Sanitary Sewer $242,590 Water Main $492,356 Storm Sewer New $647,115 Reconstruction $210,819 Street New $1,060,196 Reconstruction $573,807 Streetscape $1,246,717 Community Green Streetscape $147,736 Park Improvements $442,541 Lake Drive $2,401,521 Street Lighting $916,630 Total Project Cost Estimate $8,382,027 The following revenues m ay be applied to reduce the cost to the developer: Total Project Cost Estimate TABLE 2 Park Dedication fees (paid by the developer and sub - developer s) Tax increment and other sources toward Lake Drive improvements Other sources (trunk utility fund) $8,382,027 ($442,541) ($2,401,521) Total cost (assessed to developer) ($155,100) $5,382,865 Project Assistance Tax Increment Financing (TIF) can be used to pay for a variety of costs related to this project. The City also has as an additional potential source of assis tance, the Livable Communities grant of $450,000, which the developer has req uested to reduce the extraordinary costs of site • • City of Lino Lakes September 20, 2004 Page 3 grading associated with the project. The following proposal has been negotiated in response to their initial request for assistance. TABLE 3 TIF, Century Farms, County funds, Fairview land sale proceeds; to pay Lake Drive improvements $2,401,521 TIF assistance to provide a land write down $2,700,000 Livable Communities grant $ 450,000 TIF B) Total assistance package $5,551,521 Based on this proposal we have estimated approximately 16 years of tax increment to pay the TIF expenses. Attached is a TIF analysis based upon the following prim ary assumptions: • $57.1 million of new value constructed by 2009 • No inflation to new values through the term of the district • Present value rate of 6% You will note earlier in this memo that the developer estimated the in- district value to be in the range of $55,785,000 - $69,855,000, with all but about $2 million of construction to be completed in 2006. F or the purpose of creating a conservative analysis, we used a reasonable low side of their range, and extended their buil d -out to 2009, in addition to a 0% inflation rate on new value through the life of the T IF District. Deal Structure The deal is proposed to be structured and financed through a variety of tax increment bonds and pay -as- you -go notes, special assessment bonds, internal funding, and Metropolitan Council grants. The general financing structure is proposed followed by a narrative expl anation of each: *Bond s of issuance, discount, or capitalized interest A) GO Tax Increment Bonds to pay for a portion of the Lake Drive improvements TABLE 4 Sources A) GO Tax Increment Bonds to pay for a portion of the Lake Drive improvements $2,285,999 TIF B) Improvement Bonds to pay infrastructure costs $5,382,865 Assessments C) Tax Increment pay -as- you -go note to Developer $1,000,000 TIF D) aefirn,fesn Internal loan to Developer — A portion to be reimbursed by Met Council Grant, if not, then reimbursed with TIF ,-1,.. ......4 :—...1 ..r_ ____ _ _ 1,700,000 TIF s of issuance, discount, or capitalized interest A) GO Tax Increment Bonds to pay for a portion of the Lake Drive improvements • City of Lino Lakes September 20, 2004 Page 4 The total estimated cost of Lake Drive improvements is $2,401,521. It is proposed that several sources of revenue be applied to reduce that cost. F unds from Anoka County ($7,500), Century Farms ($25,500), and the Fairview Land Sale ($82,522) would all be available when needed to directly reduce the estimated cost of the project and, as a result, the size of the bond issue. A summary follows: TABLE 5 Total cost of Lake Drive $2,401,521 Anoka County $7,500 Century Farms $25,500 Fairview Land S ale $82,522 Total GO Tax Increment Bond $2,285,999 Pooled TIF from Panattoni is not available up- front, but would be pledged to pay a portion of the debt service over the next 8 years as the increments are annually paid. As tax _lncrementjs_generated annua II_y, the- first .priority for- -its use would -be to- pay -debt service on these bonds. B) improvement Bonds to pay infrastr t rr epsts The total estimated cost of the improvements is $8,382,027, proposed to be reduced by other revenues as shown in Table 2 to $5,382,865, which woul d be identified in the development agreement as the maximum assessment amount. Improvement bonds are proposed to be issued to pay $5,382,865 of infrastructure costs, which will be assessed to the developer. C) Tax increment pay -as- you -qo note to developer We are recommending a land write down in the amount of $2,700,000 total, with $1,000,000 provided in the form of a 16 -year pay -as- you -go note, carrying a 6% interest rate. The remaining land write down is described in D below. D) Internal loan to Developer — A portion to be reim bursed by Met Council Grant, if not, then reimbursed with TIF The developer has requested that $1,700,000 be provided near the be ginning of the project to reduce out of pocket expenditures related directly to the redevelopment property. We have negotiated several measures to securitize these "up- front" dollars in the followi ng manner: • It would not be paid until completion of demolition of all buildings within the District, removal of the billboard, and approval of the prelim inary plat for the townhome development. • When it is paid, it would be put in escrow with a requirem ent that it not be released until such time as the first building permit is obtained on the townhome project. City of Lino Lakes September 20, 2004 Page 5 The City will receive, through the purchase of City owned land, approximately $2,200,000 from the developer at the time of closing. It is envisioned that this, in corn bination with the Metropolitan Council grant, may be the source of funds needed to provide the land write down. The grant would potentially provide $1,000,000 and the City then would loan $700,000 to the project. The City would anticipate being reimbursed in full through tax increments generated from the district over a 16 year period. Without the grant, a gap of $1,000,0 00 exists in the project. As a possible fall back position, the City may consider increasing its loan to the project through the use of its land sale proceeds. This amount, $1,700,000, would then be reimbursed in full through tax increments generated from the district over a 16 year period. Security There are three primary financing components proposed for this project. These include: a) General Obligation bonds, both TIF and Improvement a. General Obligation bonds will become general obligation of the taxpayers if other sources of revenue are not available to service debt. b) Internal loan — to be reimbursed with tax increment a. If tax increment is not available to provide the reim bursement, the City will have little or no recourse to collect its money and repay its internal I oan. c) Developer pay -as- you -go note — to be paid only to the extent tax increme nt is available a. The developer is only paid if there is sufficient tax increm ent to do so. The following measures have been taken to leverage City assistance and maximize its security. 1) Minimum assessment agreements and m inimum value requirements a) The City's security primarily rests upon the construction of buildings w ithin the TIF District, which create taxable value. One of the m ethods of assuring that the value that is projected for the District, is actually constructed and maintained throughout the life of the District, is to have the developer execute minimum assessment agreements for each parcel. The developer has argued that minimum assessment agreements will be an impediment to development on a site that already will bring some challenges to attracting commercial and housing developers. Staff and Springsted agree tha t specifically the commercial components of the developm ent face stiff competition from nearby sites, even after the provision of assistance to the project. On one hand the City needs development to occur in the TIF District to generate necessary revenue to pay costs, and on the other hand it needs security that such development meets and maintains certain taxable m arket value thresholds. After several negotiation sessions on this issue, we are comfortable recommending the following approach: i) That a minimum value agreement be put in place on the owner - occupied components of the developm ent, with the agreement dropping off proportionately as each individual unit is sold. ii) That a minimum value agreement be put in place on the rental components of the development, with the agreement dropping off when a building perm it is issued on the building(s) meeting the value requirements. • • • City of Lino Lakes September 20, 2004 Page 6 iii) That the development agreement contain a provision that a minimum assessment agreement will be required for any components of the project that wil I continue to be owned by the Developer. As with any standard minimum assessment agreement, it will continue in force on any components of the project owned by the Developer. These agreements will provide some surety that a certain level of increment will be initially generated. It does not shelter the City from any changes such as to class rates, or changes in the tax increment I aw or other property tax laws in general. 2) Assessment to developer a) $5,382,865 will be assessed to the developer after construction of the infrastructure improvements to the project. Should the final assessment amount be less, the total assistance amount would be reduced by an equal sum. 3) Up -front assistance a) This scenario will apply regardless whether the Metropolitan Council grant is approved. The $1,700,000 "up- front" dollars will not be paid until specified benchmarks have been met, and once these are met the dollars will be placed in escrow until such a time as the first building permit is issued on the townhome project. The benchmarks for placing the $1,700,000 in escrow are: i) Acquisition, demolition, relocation of TIF properties has been corn pleted ii) Removal of the billboard in the TIF District iii) Approval by the City Council of the preliminary plat for the townhome development within the TIF District. 4) Priority distribution of annual increment a) The tax increment bonds will receive 1St priority for annual distribution of increment. b) The remainder of annual increment will be proportionately distributed to reimburse the City on its internal loan and to reimburse the developer on its pay -as -you- go note. Of the remaining annual increment after debt service on bonds, the following distribution would occur based on whether the M etropolitan Council grant is received: TABLE 6 Loan Amount % of annual increment distribution City internal loan, without Metropolitan Council grant $1,700,000 62.96% Developer pay -as- you -go -note $1,000,000 37.04% City internal loan, with Metropolitan Council grant $700,000 41.18% Developer pay -as- you -go -note $1,000,000 58.82% Additional Deal Points It is important to note that the developer is sharing a fair am ount of the risk in this project by financing approximately $7.9 million in acquisition costs and agreeing to $5,382,865 in assessments. The developer has also crafted a project which will satisfy the infrastructure requirements of the YMCA. The developer is estimating their costs at approximately $17,000,000, which includes the following: • • City of Lino Lakes September 20, 2004 Page 7 $7,917,754 Land Acquisition $225,000 Third Party Reports $900,000 Municipal fees $648,324 Other City Charges $750,000 Grading $1,520,000 Financing Costs $5,382,865 Assessments $17,343,943 TOTAL The developer has agreed to provide a minimum 20% of affordable units wi thin the project. Additional definition of the term "affordable" will be contained within the development agreement. On the issue of the distribution of rental units vs. owner occupied, the developer has agreed to a range of rental units between 40% and 50% of the total. Their initial estimate is 192 rental units out of a total 450 units, or 4 3% Tax Revenue Comparisons As stated earlier in this memo, the Legacy project is unique because ap proximately half of the new value proposed wi II lie outside TIF District 1 -11. If we only use the minimum projected values the amounts are: • Outside the TIF District • Inside the TIF District $ 60,131,100 $ 55,785,000 TOTAL $115,916,100 By comparison, the Marketplace development, on about the same size parcels (40 acres), is projected to have a market value upon full build -out of approximately $33,500,000. This comparison shows that the value projected outside the TIF District alone, is almost 2 times greater than the Marketplace development at full build out, and the total projected value (in district and out) is about 3.5 times greater. Estimated tax revenues for each of the two developments, after deducting for fiscal disparities, are shown in the following table: TABLE 7 Marketplace Legacy at Woods Edge City $175,858 City $554,019 Anoka County $146,472 Anoka County $461,445 Forest Lake SD $86,800 Forest Lake SD $273,452 Other $26,503 Other $83,495 TOTAL $435,633 TOTAL $1,372,411 The unique distribution of TIF and non -TIF tax base provides significant benefits to the City as the project will, immediately upon completion, generate tax base which benefits all Lino Lakes taxpayers. The developer has shown that without assi stance, neither the TIF tax base nor the non -TIF tax base will occur, therefore there is not a negative financial impact resulting from this project. Rather, because of the unique TIF and non -TIF tax base planned, it can be arg ued that • • City of Lino Lakes September 20, 2004 Page 8 the non -TIF tax base will provide revenues to s upport the service requirements of the entire project. • STAFF ORIGINATOR: DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 6D Mary Alice Divine 9/27/04 Consideration of Resolution No. 04 -138 authorizing application for a Metropolitan Council Planning Assistance Loan Simple majority City staff has requested a scope, process and cost estimate from Dalgren, Shardlow and Uban (DSU) to complete an Alternative Urban Areawide Review for the l -35E corridor. DSU will be working with a consultant team that will include Applied Ecological Services, URS Corporation, TKDA and the 106 Group Ltd, all groups who have been involved previously in Lino Lakes with natural resources, traffic analysis, engineering and cultural resources. Staff is working with these groups to refine the scope and process, and anticipates the final cost of the AUAR, which may take up to a year to complete, in the range of $250,000. Potential funding sources include Hardwood Creek, LLC, (the development team working on a master plan for the 360 -acre parcel on 35E), Anoka County, the city's surface water management and trunk utility funds, and community development department budget. The Metropolitan Council offers planning assistance loans for completing activities within the city that encourage effective planning and create more livable communities, and that implement the Council's regional development framework. This resolution authorizes application for a loan in the amount of $75,000 to be used as a funding source for completing the AUAR. Loans are interest free, and not to exceed three years, although exceptions can be made to extend the loan to five years. The loan would be repaid through an area charge to developers as development along the corridor takes place. OPTIONS 1. Adopt Resolution No. 04 -138. 2. Do not adopt the resolution and direct staff to find an alternative source of funding for the AUAR 0 RECOMMENDATION: Option 1 • • • • CITY OF LINO LAKES RESOLUTION NO. 04 -138 AUTHORIZING APPLICATION FOR A METROPOLITAN COUNCIL PLANNING ASSISTANCE LOAN WHEREAS, Minnesota Statutes sections 473.854 and 473.867 authorize the Metropolitan Council to prepare and adopt guidelines establishing uniform procedures for and award and disbursement of planning assistance grants and loans; and WHEREAS, Minnesota Statutes 473.867 authorizes the Council to give funding to local units of government to review and amend their local comprehensive plans, and to implement planning activities that reinforce the Council's Regional Development Framework to create more livable communities; and 'WHEREAS, the City of Lino Lakes requires a planning assistance loan to complete an Alternative Urban Areawide Review (AUAR) for the northeast section of the city along the I 35E corridor. • NOW THEREFORE, BE IT RESOLVED that the City Administrator is hereby authorized to apply to the Metropolitan Council for a planning assistance loan to complete an AUAR. Adopted by the Lino Lakes City Council this 27th day of September, 2004. Ann Blair, City Clerk John J. Bergeson, Mayor • • AGENDA ITEM 6E STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: September 27, 2004 TOPIC: PUBLIC HEARING, Easement Vacation FIRST READING, Ordinance No. 03 - 04, Vacating Drainage and Utility Easements and Accepting New Easements, Lot 2, Block 1, Oak Brook Peninsula VOTE REQUIRED: 4/5 VOTE REQUIRED BACKGROUND: City Staff is currently working with the applicant and the adjacent property owners of Lot 2, Block 1, Oak Brook Peninsula regarding the vacation and acceptance of drainage and utility easements. Discussions between City Staff and the property owners continue to take place. Staff is working with the applicant regarding necessary site staking and drainage documentation. We are requesting that the Public Hearing be continued to the October 11, 2004 City Council meeting. OPTIONS: 1. Continue the Public Hearing to the October 11, 2004 City Council. 2. Return to staff for further consideration. RECOMMENDATION: Staff recommends Option 1.