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HomeMy WebLinkAbout07/09/2007 Council PacketSUMMARY MINUTES Monday July 9, 2007 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members Carlson, O'Donnell, Reinert & Stoltz City Administrator: Gordon Heitke ➢ Open Mike / Public Comment A tenant of Spirit Hills Retail Center requested an update on the city's involvement in the parking concerns. ➢ Call to Order and Roll Call 6:30 p.m. — Present were Mayor Bergeson, Council Members O'Donnell, Reinert, Carlson and Stoltz ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was not amended. Legislative Update — Senator Sandra Rummel, Representative Paul Gardner A) Consideration of Expenditures: i) July 9, 2007 (Check No. 80455 through 80594) in the amount of $413,340.33; ii) Centennial Fire District (Check No.2765 through 2773) in the amount of $1,231.36 Pg 4 -19 B) Consider not waiving monetary limits on tort liability Pg 20 -21 per Minnesota Statutes, Section 466.04 C) Consideration of Resolution No. 07 -105, Approving Pg 22 -28 Payment Request No. 3 (Final) and Compensating Change Order No. 2, 2006 Pond and Ditch Cleaning Projects, Jim Studenski D) Accepting Donation from Barbara Bor for Heron Rookery Pg 29 Aerial Photography, Marty Asleson Action Taken: Motion by Carlson, seconded by Stoltz, to approve the Consent Agenda, Items 1A through 1D, was adopted by a unanimous voice vote Council Agenda -2- SUMMARY MINUTES 7/09/2007 None A) Consider approval of Resolution No. 07 -101, approving a special event and parade permit for the 2007 Blue Heron Days festival, Julie Bartell Action Taken: Motion by Reinert, seconded by O'Donnell, to approve Resolution No. 07 -101, as presented, was adopted by a unanimous voice vote B) Consider approval of Resolution No. 07 -106, approving a special event permit and 1 to 4 day temporary on -sale liquor license for the American Legion Post 566 Blue Heron Days Family Picnic on Saturday, August 18, 2007, Julie Bartell Action Taken: Motion by O'Donnell, seconded by Carlson, to approve Resolution No. 07 -106, as presented, was adopted by a unanimous voice vote Pg 29a -b Pg 29c -d PART PUBLI None None TI A) First Reading of Ordinance 06 -07 conveying City owned land Pg 30 -68 to Greg Anderson Development, LLC, Mary Divine Action Taken: Motion by Stoltz, seconded by O'Donnell, for first reading of Ordinance 06 -07, as presented, was adopted: 4 yeas; 1 nay (Reinert) (Note: Council requests that Exhibit I be included for second reading) B) Consideration of Resolution No. 07 -100 approving a Preliminary Pg 70 -82 Development Agreement with Greg Anderson Development, Mary Divine Action Taken: Motion by Reinert, seconded by Carlson, to table Resolution 07 -100, was adopted by a voice vote; Mayor Bergeson voted no. Council Agenda -3- 7/09/2007 SUMMARY MINUTES C) Public Hearing, West Shadow Lake Drive Improvement Project, Pg 83 Jim Studenski Action Taken: Motion by Reinert, seconded by Stoltz, to close the public hearing at 9:00 p.m., was adopted by a voice vote. Mayor Bergeson was absent D) Public Hearing, Shenandoah Area Improvement Project, Pg 84 Jim Studenski Action Taken: Motion to close the public hearing at 9:00 p.m., was adopted by a voice vote. Mayor Bergeson was absent E) Consideration of Resolution No. 07 -104, Approving Joint Powers Pg 85 -89 Agreement with City of Circle Pines, Russian Baptist Church Utility Extension, Jim Studenski. Action Taken: Motion by Carlson, seconded by O'Donnell, to approve Resolution No. 07 -104, as presented, was adopted by a unanimous voice vote. F) Consideration of Resolution No. 07 -102, Approving Joint Powers Pg 90 -96 Agreement with Anoka County for Hodgson Road Bridge, Michael Grochala Action Taken: Motion by Stoltz, seconded by Reinert, to approve Resolution No. 07 -102, as presented, was adopted by a unanimous voice vote. gtalr None. A) Consider approval of June 25, 2007 Council Work Session Minutes Bergeson and Stoltz absent B) Consider approval of June 25, 2007 City Council Meeting Minutes Bergeson and Stoltz absent Action Taken: Motion by O'Donnell, seconded by Carlson, to approve the work session and council meeting minutes of June 25, 2007, as presented, was adopted by a voice vote. Council Member Stoltz and Mayor Bergeson abstained C) Report of the Citizen's Task Force to Review Charter Provisions Pertaining to Local Improvements Action Taken: Motion by Reinert, seconded by Stoltz, to accept the report, as presented, was adopted by a voice vote. Council member Carlson voted no. Pg 97 -98 Pg 99 -102 Pg 103 Council Agenda -4- 7/09/2007 SUMMARY MINUTES D) First Reading of Ordinance No. 07 -07, Amending Chapter 8 Pg 104 of the Lino Lakes City Charter, regarding Public Improvements and Special Assessments urn en Action Taken: Motion by O'Donnell, seconded by Reinert, to approve first reading of Ordinance No. 07 -07, as amended, and referral to the Charter Commission, was adopted: 4 yeas; 1 nay (Carlson) Action Taken: Motion to adjourn at 11:45 p.m. was adopted by a unanimous voice vote. Wednesday, July 11 4. Thursday, July 19 Monday, July 23 Monday, July 23 Community Calendar- A Look Ahead July 10 — July 23, 2007 6:30 p.m. Council Chambers 6:30 p.m., Police Work Room 5:30 p.m., Community Room 6:30 p.m., Council Chambers Planning & Zoning Charter Commission Council Work Session Council Meeting -Pt sh kttcat, R ct,vvwt.e.U2 1.1 ok-wte,c.il V lei 2007 Education Issues Early Education - High School Funding Increase The 2007 E-12 Education Fund- ing Bill appropriates an additional $788.5 million for early and K -12 education in Minnesota, providing a total of $13.7 billion for education programs for the next two years. It provides a 2% Basic Education funding formula increase in FY 08 and 1% increase for FY 09, total- ing $100 more per student in FY 08 and $50 per student in FY 09. Districts will also receive one -time funds totaling $90 million to help defray costs of technology, energy costs, textbooks and other operating expenses. The bill brings stability back to education funding and makes good on the state's commitment to pay its special education bills. It makes a downpayment on all -day kindergar- ten and helps prepare schools for a full -blown program for our young learners. Under terms of this bill, schools will see a significant fund- ing increase. Special Education The bulk of the additional funds ($326 million) will pay the special education "cap gap" that has been accumulating the past five years and is owed to school districts by the state. The bill also reinstates the "growth factor" capped in 2003 and provides for a 4.6% increase each year to cover regular education costs and a 2% increase in special education excess costs. Over the past four years, special education costs have increased 33 %, making them the largest school budget cost driver. All -Day Kindergarten All -day kindergarten receives $32.5 million for all Minnesota schools by increasing kindergarten pu- pil weights. Research shows that students are better prepared to meet the rigors of their formal schooling after a year of full -day kindergarten. Currently, only 31% of Minnesota children attend all -day kindergar- ten, compared to 63% of children nationally. The funding provided in the education bill passed this year helps create the financial incentives Minnesota school districts need to provide all -day programs. After - School Community Learning Grants /Nutrition Funding Increased This year, the Legislature was able to reinstate funding for after - school enrichment programs for students and increased funding to help schools provide healthy breakfast and lunch options. Gifted and Talented Programs Receive Funding Boost Gifted and talented programs received a $5.4 million increase to help schools provide enhanced edu- cational opportunities for students. Libraries Libraries will also receive an addi- tional $12 million for support grants and telecommunications aid. Basic support system grants are increased by $5.18 million. Multi -type, multi - county library system grants are increased by $753,000, and regional library telecommunications aid is increased by $2.09 million. The $4.5 million to aid the Hen- nepin County/Minneapolis library system merger was vetoed. School Technology Aid The bill appropriates $90 million ($40 per student in FY 08 and $55 1-4T-67 K -12 Education Contacts Minnesota Department of Education www.education.state.mn.us Education Minnesota www.educationminnesota.org P.S. Minnesota www.psminnesota.org Parents United www.parentsunited.org Minnesota Parent Teacher Organization www.mnpta.org Minnesota Council on Family Relations www.mcfr.net Parent Advocacy for Educational Rights (PACER) www.pacer.org U.S. Department of Education www.ed.gov per student in FY 09) in one -time aid to help districts pay for technol- ogy upgrades, textbooks, library media resources and technology and improve or repair school sites. School Bullying Policies to Include Internet A bill to strengthen Minnesota's anti - bullying law to include the Internet and other electronic forms passed this session. The change re- quires that as school districts design their model anti - bullying policies, they address bullying that occurs on the Internet or through other electronic forms. State Senator Sandy Rummel 323 State Capitol, St. Paul, MN 55155 - (651) 296 -1253 - sen.sandy.rummel @senate.mn 2007 Higher Education Issues Under the Pawlenty Administra- tion several cuts have been made to Minnesota's education system. As a result of the cuts, tuition and cost of college attendance in Minnesota has been increasing at an unacceptable rate. The Min- nesota Legislature used the 2007 Session to focus on skyrocketing tuition and several other issues affecting affordability of Minne- sota colleges and universities. Tuition Members of the Senate worked with the University of Minnesota and Minnesota State Colleges and Universities (MnSCU) to craft a plan that will hold tuition down. Legislation passed that will appropriate money for the colleges and universities core funding. The colleges and uni- versities will use the funding to slow the tuition increases instead of starting new initiatives. In the 2008 -09 school years, MnSCU will see a tuition increase of 4% and the University of Minnesota will see an increase of 3.5% for Minnesota families making under $150,000. Although they will still see an increase, it is the lowest increase in nearly a decade. Financial Aid Several bills were passed in the 2007 Session that will help college students with financial aid, including increases for the State Grant Program, child care grant increases, and funding for the GI Bill. The GI Bill will be used for eligible recipients after the federal Pell Grant, state grant program, and federal military or veterans education benefits are applied to the student's cost of attendance. Eligible Minnesota students must have served on or after 9/11 in the U.S. Armed Forces, accumulated five or more years in the Minnesota National Guard, or are a surviv- ing spouse or child of a person who died serving in the military on or after 9/11. Recipients may receive $1,000 per semester, or $2,000 per state fiscal year, with a $10,000 lifetime cap. Tuition Banding The University of Minnesota will receive funding to expand their "tuition banding" at all of their campuses. This will al- low students to only pay for 13 credits even if they take up to 18 credits. Higher Education Contacts: Minnesota Office of Higher Education (financial aid) Phone: 651 - 642 -0567 Toll Free: 800 - 657 -3866 University of Minnesota system Twin Cities campus: 612 - 625 -5000 Duluth campus: 218- 726 -8000 Morris campus: 320 -589 -2211 Crookston campus: 218 - 281 -6510 Rochester campus: 507- 280 -2838 or 800 - 947 -0117 Minnesota State Colleges & Universities system 651- 296 -8012 Toll -free: 888 - 667 -2848 Minnesota Private College Council 651- 228 -9061 Toll -free: 800- 774 -2655 Minnesota College Savings Plan Toll -free: 877 - 338 -4646 State Senator Sandy Rummel 323 State Capitol, St. Paul, MN 55155 - (651) 296 -1253 sen.sandy.rummel @senate.mn 2007 Energy, Utilities, Technology and Communications Issues Renewable Energy Standard The Legislature passed legislation this session which created the nation's strongest Renewable Energy Standard. The bill requires all energy utility companies, except Xcel Energy, to produce 25% of their total energy mix from renewable energy sources (such as solar, wind and water) by 2025. Xcel Energy (which provides half of the energy sold in Minnesota) has a slightly higher standard of 30% renewable energy by 2020 including 25% from wind energy. The Public Utilities Commission will be allowed to delay or modify a utility's standard if it could cause significant problems with the reliability of energy delivery or rates charged to consumers or if technical problems occurred outside the utility's control. This legislation resulted from negotiations between members of the Senate, Governor's Office, environmental organizations, utility companies, Chamber of Commerce, and other organizations. By working together, they were able to create a standard which will improve the environment while ensuring that utility companies will be able to build the transmission lines and energy production facilities needed. In addition to improving our environment by causing a significant reduction in global warming emissions, this legislation will jump -start the renewable energy industry in Minnesota. This will result in thousands of new, good - paying jobs and billions of dollars of investment in Minnesota. Community -Based Energy Development The Legislature passed legislation to help ensure that Minnesota's local communities receive economic benefits from renewable energy that will be developed in the state as a result of the Renewable Energy Standard. The bill expanded the definition of C -BED projects and established a task force which will work to create a complete definition of what types of renewable energy projects should qualify as C -BED. This bill also encouraged partnerships between local wind developers and energy utilities; removed the 2.7¢ per- kilowatt-hour rate cap currently in place on C -BED projects; stated that energy utilities must take reasonable steps to determine if a C -BED project is available when developing new renewable energy facilities; and said that the amount of energy produced by small wind projects (one wind turbine) should be added to the amount of energy produced by other small wind projects located within a five -mile area and were constructed within a 12 -month period in order to determine if the state or county has jurisdiction over the project. The legislation also stated that counties may select to regulate any C -BED projects that produce less than 25 Important (inks and phone numbers Minnesota Public Utilities Commission www.puc.state.mn.us www.commerce.state.mn.us go to "Consumer Info and Services" to "Energy Info Center" for energy saving tips and information on renewable energy sources megawatts. This legislation will also help protect landowners by stating that a wind easement or lease of wind rights agreement will be invalid after seven years if a commercially active project is not on the property. Energy Conservation and Efficiency The Legislature passed a bill which was an important step to decrease the environmental and financial costs of Minnesota's rapidly increasing energy demand. The legislation asked all electric and gas utilities to reduce their energy sales by 1.5% annually through energy conservation and efficiency programs. The legislation also authorizes the Department of Commerce to serve as a technical resource to utilities by developing an inventory of effective energy- conservation programs, techniques and technologies, and stated that the Department will also State Senator Sandy Rummel 323 State Capitol, St. Paul, MN 55155 - (651) 296 -1253 sen.sandy.rummel @senate.mn continually update Minnesota's sustainable building designs guidelines and performance benchmarks that were established in 2001. Implementation of this legislation could result in a 24% reduction in carbon dioxide levels in 2025 from projected levels. When combined with the Renewable Energy Standard, these two bills could result in a 42% carbon dioxide emissions reduction. This legislation will help save customers money on their energy bills by reducing the cost of electricity. According to a study done by the American Council for an Energy Efficient Economy (ACEEE), a 1% reduction in energy use throughout the Midwest could result in a 13% reduction in energy prices. Additionally, a one dollar investment in energy efficiency has been shown to return three dollars of direct economic benefit and six dollars in indirect economic benefit. Global Warming The Legislature passed the Global Warming Mitigation. Act which set a goal of an 80% reduction in greenhouse gas emissions from 2005 levels by the year 2050. The bill also asked the Department of Commerce and other agencies to develop a plan with a broad - based stakeholder group in order to determine how to best reduce greenhouse gas emissions across all sectors in Minnesota, and to attempt to work with other Midwest states in order to develop a regional approach to reduce emissions. This stakeholder group is already underway and is being led by the Center for Climate Strategies. The group is required to report its plan to the Legislature by February 1, 2008. This legislation also stated that if a plan to reduce greenhouse gas emissions is not enacted by the end of the 2009 Legislative Session, no new power plant will be allowed to be built unless the utility has a way to sequester or offset the new greenhouse gas emissions in a way that is "permanent, quantifiable, verifiable, enforceable, and would not have otherwise occurred." This requirement would not apply to peaking or ethanol plants, transmission lines, a plant that the Public Utilities Commission and Legislature determines is essential for the long -term reliability of Minnesota's power system or energy costs, and several proposed power and industrial facilities which are currently being reviewed by the PUC. Cellulosic Ethanol Minnesota's ethanol industry was built on a process which turns kernels of corn into fuel. As the industry grows, there is increased concern about whether the state's corn- growing capacity can keep up with demand. Legislation has been passed to encourage the development of Minnesota's ethanol industry, as well as study the economic and technical viability of the future of ethanol in the state. $1.4 million has been appropriated to conduct several feasibility studies across Minnesota. Also included in this year's legislation is the Next Generation Board. The Next Generation Board will examine the future of fuels, develop equity grant programs to assist locally -owned facilities, study the proper role of the state in creating financing and investing and providing incentives, evaluate how state and federal programs, including the Farm Bill, can best work together and leverage resources, and work with other entities and committees to develop a clean energy program. Our addiction to foreign oil will not end overnight, but with planned and studied investments Minnesota will move forward and continue to be a leader in ethanol production. State Senator Sandy Rummel 323 State Capitol, St. Paul, MN 55155 - (651) 296 -1253 - sen.sandy.rummel @senate.mn 2007 Environment and Natural Resources Issues 2007 was a banner year for envi- ronmental progress. Many new measures were signed into law, including the Great Lakes Compact, a new plan for managing electronic waste, a global - warming initiative, funding for cleanup of polluted lakes and rivers, new restrictions on products that contain mercury, additional wetland protections, and others. Budget Budget discussions held center stage in the 2007 Legislative Ses- sion. Legislators approved the Environment and Natural Resources budget, which provides funds for the Minnesota Pollution Control Agency, the Department of Natu- ral Resources, the Board of Water Resources, and other environmental boards and commissions. Great Lakes Compact Minnesota became the first state to approve a compact between the Great Lakes states that specifies when and how much water from the lakes can be used for commer- cial purposes, including rules for pumping or shipping water out of the Great Lakes region. The Com- pact must be ratified by each state bordered by the Great Lakes before being sent to the U.S. Congress for approval. When implemented, the Compact will: • Set environmental standards for managing new or increased water - withdrawal proposals; • Prohibit water diversions out of the basin (with certain excep- tions); • Establish protection for all the waters of the Great Lakes Basin, including tributary streams, riv- ers and groundwater; • Direct each state to establish water - conservation program, and s • Preserve the rights of states to enact stronger protections. Electronic Waste A statewide ban on the disposal of CRTs in landfills went into effect July 1, 2006, but the provision contained no program or funding to deal with the collection and recy- cling of e- waste. The legislation puts responsibility for recycling electronic waste on manufacturers, encouraging them to devise their own recycling programs and to team up with counties to ensure col- lection. When fully phased -in, the bill charges manufacturers with col- lecting and recycling e -waste equal to 60% of the electronics they sold in the previous year. If they miss their 60% goal, the company pays a small fee, which is used to help counties fund independent e -waste recycling programs. Global Warming The Legislature passed the Global Warming Mitigation Act which set a goal of an 80% reduction in Environmental Resources Minnesota Pollution Control Agency (General Information) 651 -296 -6300 or toll -free 800 - 657 -3864 "Ask MPCA" electronic link for answers to many environmental questions www.pca.state.mn.us /ask.html Department of Natural Resources (DNR) 651- 296 -6157 or toll -free 888 - 646 -6367 Board of Water and Soil Resources 651- 296 -3767 or toll -free 888 - 627 -3529 Computer Disposal 651 -296 -6300, or toll -free 800 - 657 -3864 greenhouse gas emissions from 2005 levels by the year 2050. The Department of Commerce and other agencies are to develop a plan with a broad -based stakeholder group in order to best determine how to State Senator Sandy Rummel 323 State Capitol, St. Paul, MN 55155 - (651) 296 -1253 sen.sandy.rummel @senate.mn reduce greenhouse gas emissions across all sectors of the state, and to attempt to work with other states to develop a regional approach to reduce emissions. The stakeholder group is underway, and is being led by the Center for Climate Strate- gies. A report is due to the Legisla- ture by February 1, 2008. Clean Water Legacy Act The Legislature approved a total of $53.7 million for the cleanup of lakes, rivers and streams under the Clean Water Legacy Act, as fol- lows: $31 million to the Minnesota Pollution Control Agency, $4.5 mil- lion to the Department of Natural Resources, and $14.2 million to the Board of Water and Soil Resources. Green Fleets Funds were approved ($2.4 million) to retrofit school buses and trucks with pollution control devices to help reduce diesel emissions. Environmental Health Tracking /Biomonitoring The Legislature approved funds to set up an environmental health tracking program, and authorized a biomonitoring pilot program to begin monitoring the health of volunteers who have been exposed to chemicals, including perfluori- nated chemicals (PFCs), arsenic and mercury. Endocrine Disruptor Study Funds are provided for a study of endocrine disruptors in surface waters, and the Minnesota Pollu- tion Control Agency is directed to prepare a report to the Legislature on strategies to address endocrine disruptors in the waters of the state. The report will include a review of current studies, comparative risk, and an evaluation of prevention and remediation strategies. PDBE New restrictions are imposed on products containing the flame retardant called polybrominated diphenyl ether (PDBE), and the state is required to review uses of the substance, and any potential risk to public health and the envi- ronment. Failing Septic Systems Funds ($1 million) are provided to the Board of Water and Soil Re- sources for grants to help counties address failing individual sewage treatment systems. Wetland Conservation Act New protections for wetlands were authorized in the metro area. The size of the wetlands exemption for smaller wetlands was cut in half for wetlands located in the elev- vin- county metro area (7- county metro area, plus Chisago, Isanti, Sherburne and Wright counties). Mercury Reduction Mercury is a potent neurotoxin. Several mercury - containing prod- ucts are now prohibited for sale in Minnesota, including: sphyg- momanometers, gastrointestinal devices, thermostats, switches and relays, diostats, barometers, manometers, and pyrometers, over - the - counter pharmaceuticals, cosmetics, toiletries, and fragranc- es. In addition, the use of mercury in schools is outlawed. At a Glance • Minnesota has approximately 51 million total land acres. • 5.5 million acres of land owned by the State of Minnesota, including 4.2 million acres predominantly in state forest management. • 12 million acres of land managed for mineral rights. • Eight million acres of surface rights and mineral rights managed for horticultural peat, industrial minerals, and construction materials. • 58 state forests • 11,842 lakes • 69,000 miles of rivers and streams • 66 state parks and six state recreation areas • 1,585 state water accesses • More than 1.2 million acres of wildlife management areas and 37,294 acres of aquatic management areas • 140 scientific and natural areas • Over 3,400 miles of canoe and boating routes plus 150 miles of Lake Superior Kayak Trail • 1,300 miles of multi -use state trails and 500 miles of state bicycle trails • 1,600 miles of cross country ski trails (DNR and Grant -in- Aid) • 1,700 miles of off - highway vehicle trails (DNR and Grant -in -Aid) • 21,600 miles of snowmobile trails (DNR and Grant -in -Aid) State Senator Sandy Rummel 323 State Capitol, St. Paul, MN 55155 - (651) 296 -1253 - sen.sandy.rummel @senate.mn 2007 Outdoor Recreation Off - Highway Vehicles The Legislature provided $2.4 mil- lion for OHV trails, enforcement and education. • The DNR Commissioner is directed to set up a program to promote safe and responsible operation of OHVs, including entering into agreements with OHV organizations for volun- teer services that promote safe and responsible OHV use. • The DNR Commissioner is di- rected to set up an OHV Safety Advisory Council to advise on OHV safety as well as standards and certification for organiza- tions and individuals participat- ing as volunteers. • The DNR is prohibited from allowing DNR - administered land in Cass, Crow Wing, and Hubbard counties to be used or developed for off -road vehicle trails. • The DNR Commissioner is to set seasons for off - highway vehicle use on state forest lands. Individuals are prohib- ited from operating an OHV on state forest lands outside of the prescribed season except on des- ignated forest roads, and must operate only on mapped trails after OHV maps are completed for the area. • An exemption is given to man- aged forests north of Highway 2 until June 30, 2009. • The above prohibition does not apply to a forest access route in a managed forest north of High- way 2 that the commissioner has not designated as a road or trail. • Forest access routes will not be signed or maintained and will not be included on published user maps of the forest. • OHV operation on forest access routes is subject to the prohibi- tions on causing erosion, rutting, damage to trees or crops, and construction of unauthorized trails contained in Minnesota Rules. Damaged routes are subject to closure to off - highway use. • The three -year fee for all- terrain vehicle licensing is increased by $15, from $30 to $45. Trails A $2.4 million funding increase is provided for snowmobile trails, and $1.5 million is authorized for addi- tional investments in non - motorized trails. Invasive Species Management $3.2 million is provided for efforts to prevent the spread of invasive species. A $2 increase in the non- resident fishing license contributes revenue for this purpose. Venison Donation Program Individuals are authorized to add a donation of $1, $3 or $5 to the fees for annual firearms and archery deer licenses for the purpose of contrib- uting to a venison donation pro- gram. Beginning March 1, 2008, fees for bonus licenses (firearm or archery) will be assessed a sur- Information on Hunting and Fishing DNR Information Center 651- 296 -6157 or 888 - MINNDNR Turn In Poachers (TIP) Statewide toll -free: 1- 800 - 652 -9093 To report non -time sensitive tips online: www.dnr.state.mn.usien- forcement/tipreporting/html charge of $1 for this program. A $5 increase in the nonresident hunting license also contributes revenue to the program. Military Service Members/ DNR Licenses Residents who have served during the preceding 24 months as a mem- ber of the National Guard, or as a reserve component or active -duty member of the U.S. Armed Forces and has been discharged from active service, are eligible to take small game and fish without a license, provided the resident possesses official military discharge papers. Also, the DNR Commissioner is di- rected to issue a free deer license to any resident who has served during the previous 24 months in federal active service, outside the U.S. in the National Guard, or as a reserve component or active duty member of the U.S. Armed Forces, provided the resident has been discharged from active service. State Senator Sandy Rummel 323 State Capitol, St. Paul, MN 55155 - (651) 296 -1253 sen.sandy.rummel @senate.mn Prairie Wetlands $2.3 million is provided for ac- celerating programs and efforts to preserve, restore and enhance grass- land /wetland complexes to meet the state's long -tern waterfowl and pheasant population goals, and to improve water quality. Forestry $20.8 million is provided for for- estry initiatives and improvements. $40,000 is appropriated for a grant to the University of Minnesota to prepare a statewide plan to address forest parcelization and fragmenta- tion. Hunting and Fishing Several measures that affect hunters and anglers were approved in 2007: • Walk -in Access — The DNR is directed to plan for a walk -in access program to encourage private landowners to make their land available for public hunting and fishing. The plan is due to legislative committees by Janu- ary 15, 2008. • "Immediate Release" Defined — DNR regulations state that fish caught illegally (out of season or within a protected slot limit) must be "immediately released" or "immediately returned to the water." New legislation defines what that means: a fish must not be kept longer than needed at the site of capture to unhook, identify, measure, or photo- graph a fish. Putting a fish on a stringer, in a live well or cooler, bucket or other container is not "immediately released" or "im- mediately returned to the water." • Night Vision Equipment — The possession of night vision equip- ment to take wild animals is prohibited. • Asian Carp — Anglers who catch an Asian carp, an invasive species, must report it to author- ities within seven days (includes grass carp, bighead carp and silver carp). • Crossbow Hunting — The use of crossbows is made legal during the regular firearms deer hunting season, with no special license required. The minimum draw weight is reduced from 40 to 30 pounds. • Lighted Decoys — The use of lighted decoys to spear fish is made legal. • Fishing License Year — The license year for resident and nonresident fishing licenses, the angling portion of a sporting license and resident and nonresi- dent (fish house) dark houses is set from March 1 through April 30 of the next year. Firewood restriction on state - managed land A new ban was put into effect on bringing non - approved firewood onto state - managed land in an ef- fort to prevent the spread of forest pests such as the emerald ash borer and gypsy moth, which are known to "hitchike" on firewood from infected areas. The use of wood from approved vendors is allowed. For more information, call the DNR Information Center at 1- 888 -647- 6367. Minnesota Department of Natural Resources Administrative Regions orth • raeguu f NOR l 11 Wool Snell NMI IN Mid wco= 1•10 /MOM lhYiw.n• Wm MINIM �� ��� 11YtwplMtit�MGF�!►tr�MrYl•��M _ /i•ta•ow�Aa! SAO 0 State Senator Sandy Rummel 323 State Capitol, St. Paul, MN 55155 - (651) 296 -1253 - sen.sandy.rummel @senate.mn Governor Vetoes Property Tax Relief for Minnesota Homeowners On the first day of the 2007 session, Senate Democrats introduced the Property Tax Relief Act to respond to the thousands of voters who asked us to address this issue during the November election. The Senate spent the session focused on property taxes, passing four separate tax bills that provided some level of relief for Minne- sota homeowners. After much negotiating, a strong, bipartisan compromise was reached. Senate Democrats and Republicans praised the reason- able bill because it delivered property tax relief without rais- ing other taxes. Unfortunately, Governor Pawlenty vetoed the 3,5500 3.000 2.500 c 2,000 0 .2 1,500 1,000 500 0 entire bill and rejected any hopes for desperately needed relief from skyrocketing property taxes. disturbing trend of relying on property tax payers to fund local services: From 2002 -2006, property Besides tax relief, the bill also taxes on homes in Minne- included relief for the fire -dam- sota increased an average of aged Gunflint Trail area, a 100% 12.3% per year. (non -parti- increase in the military combat san Department of Revenue tax credit for veterans, a tax "Recent Trends in Property credit for dairy farmers and be- Taxes" presentation). ginning farmers, and a provision Because the Governor reject - that closes tax loopholes that ed the legislature's solution allow corporations to skip out to this problem, homeowner on their fair share of Minnesota property taxes are projected taxes. to increase 8.2% next year, Property tax relief will remain a or about $600 million state - top priority when the legislature wide. (non - partisan House reconvenes in 2008. Legisla- Research). tive action is needed to stop the Total Net Tax on Homestead Properly From 2002 -2006, property taxes on residential homes in Minnesota increased an average of 12.3% per year." 2002 a. J. a, .. s c,.... 0., •.sxr 2003 2004 2000 Taxes Payable Year 2000 2007 State Senator Sandy Rummel 323 State Capitol, St. Paul, MN 55155 - (651) 296 -1253 sen.sandy.rummel @senate.mn Charter Exempt Zone No. 1 —1/1' (oo7 Legend Single Family Owner Occupied Residences Charter Exempt Zone No. 2 Legend Single Family Owner Occupied Residences N Charter Exempt Zone No. 3 Legend Single Family Owner Occupied Residences N EXPENDITURES JTJLY 9, 2007 • • Date: 06/21/2007 Time: 13:04:26 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 6410 - 6410 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 000148 TARGET 1 31.99 31.99 .00 .00 000167 ST. CROIX BOAT & PACKET COMPANY 1 91.48 91.48 .00 .00 000269 CAPITAL HOMES, INC. 2 1,950.00 1,950.00 .00 .00 000329 ROLEX, ALAN 1 1,926.32 1,926.32 .00 .00 000405 RYDEEN, LESrtat 1 103.00 103.00 .00 .00 000438 W H RESPONSE 1 8,049.56 8,049.56 .00 .00 000796 9.AREMRINSKI, TRACY 1 5.00 5.00 .00 .00 001395 NEXTEL COMMUNICATIONS 1 672.94 672.94 .00 .00 002611 DEHMER, JEAN 1 95.00 95.00 .00 .00 002781 MCLEAN, CANDACE 1 33.82 33.82 .00 .00 003491 PETTY CASH 1 54.27 54.27 .00 .00 004788 SPRINT 1 128.86 128.86 .00 111/1 900224 NORTH COUNTRY BUILDERS 1 2,500.00 2,500.00 .00 .00 Grand Totals: 14 15,642.24 15,642.24 .00 .00* • Date: 06/29/2007 Time: 09:34:12 Ranges: Vendor #: (A) • Invoice #: (A) Entry Journal #: (R) 6416 6416 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000022 NORTHERN WATER WORKS SUPPLY, INC. 1 374.53 374.53 .00 .00 000080 ABLE HOSE AND RUBBER, INC. 1 273.90 273.90 .00 .00 000081 RENNE, J. SCOTT MAI 1 1,700.00 1,700.00 .00 .00 000082 J. H. LARSON COMPANY, INC. 1 163.29 163.29 .00 .00 000100 AID ELEL1'RIC SERVICE, INC. 1 379.80 379.80 .00 .00 000106 NELSON, ROBERT 1 150.0D 150.00 .00 .00 000155 O'DEA, MARY JO 1 225.00 225.00 .00 .00 000157 ALL SEASONS RENTAL, INC. 1 127.48 127.48 .00 .00 000162 BARNA, GUZY E. STEFFEN, LTD. 1 27.00 27.00 .00 .00 000184 BOYLE, KATIE 1 50.00 50.00 .00 .00 000188 GALLUP, KATHRYN 1 50.00 50.00 .00 .00 111,91 MACQUEEN EQUIPMENT, INC. 2 1,576.84 1,576.84 .00 .00 000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 179.84 179.84 .00 .00 000203 WINGFOOT COMMERCIAL TIRE SYSTEMS, LLC 1 243.06 243.06 .00 .00 000221 RAFFERTY, ROBIN G. 1 150.00 150.00 .00 .00 000225 WHITE BEAR LOCKSMITH, INC. 1 101.63 101.63 .00 .00 000293 WIPERS AND WIPES, INC. 1 239.63 239.63 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 2 84.50 84.50 .00 .00 000304 KUSTERMAN, BILL 1 50.00 50.00 .00 .00 000385 BROUIT,T.FT, KIMBERLY 1 100.00 100.00 .00 .00 000389 CUB FOODS 1 41.28 41.28 .00 .00 000395 DEHAVEN, MARTHA 1 100.00 100.00 .00 .00 • Date: 06/29/2007 Time: 09:34:12 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Vendor # Name # of items Net Gross Discount Disc 000419 STEVE TUPY TIRE SERVICE, INC. 1 1,028.30 1,028.30 .00 .00 000420 ANOKA COUNTY 1 414.00 414.00 .00 .00 000421 ANOKA COUNTY TREASURER 1 110.00 110.00 .00 .00 000455 MACNEIL, LISA 1 45.00 45.00 .00 .00 000468 RELIASTAR LIFE INSURANCE COMPANY 1 1,499.63 1,499.63 .00 .00 000478 ARCADE ASPHALT, INC. 1 20,000.00 20,000.00 .00 .00 000502 D. THOMAS JEWELRY, INC. 1 375.00 375.00 .00 .00 000511 LADEN, PERRY 1 150.00 150.00 .00 .00 000537 CENTRAL PENSION FUND 1 3,955.20 3,955.20 .00 .00 000539 TARGET 1 636.14 636.14 .D0 .00 000540 AUTO - MEDICS, INC. 3 526.85 526.85 .00 .00 000611 ANDRZEJEWSKI, PAULA 1 150.00 150.00 .00 .00 000617 BROWN, PETER 1 150.00 150.00 .00 .00 000634 TAYLOR, ALAN 1 100.00 100.00 .00 .00 000761 NATIONAL ASSOCIATION OF TOWN WATCH 1 25.00 25.00 .00 .00 000772 FILTRATION SYSTEMS, INC. 1 196.68 196.68 .00 000821 HOCH, ELI 1 35.00 35.00 .00 Oil 000833 BROCR WHITE, INC. 1 126.40 128.40 .00 .00 000843 HAGER, DALE 1 158.19 158.19 .00 .00 000860 BROADWAY AWARDS, INC. 1 29.29 29.29 .00 .00 000861 BEE LINE ALIGNMENT SERVICE 1 85.00 85.00 .00 .00 000863 MYERS TIRE - MINNEAPOLIS #28, INC. 2 52.35 52.35 .00 .00 000879 PREFERRED ONE COMMUNITY HEALTH PLAN 1 44,701.18 44,701.18 .00 .00 000905 HYDEN, MICHAEL 1 150.00 150.00 .00 .00 000946 C. P. OFFICE PRODUCTS 4 376.44 376.44 .00 .00 001013 ALTERNATOR & STARTER STORE, THE 1 85.20 85.20 .00 .00 001016 MINNESOTA STATE RETIREMENT SYSTEM 1 836.72 836.72 .00 .00 • Date: 06/29/2007 Time: 09:34:12 City of Lino Lakes FM Entry - Invoice Journal Name Operator: JAL Page: 3 Discount # of items Net Gross Discount Lost 001040 CENTENNIAL FIRE DISTRICT 1 131,488.00 131,488.00 001043 CENTRAL LANDSCAPING, INC. 1 279.56 279.56 001070 CENTURY FENCE COMPANY, INC. 1 87.22 87.22 001100 CIRCLE PINES POST OFFICE 1 486.77 486.77 D01110 CIRCLE PINES, CITY OF 1 1,767.52 1,767.52 001270 DALCO, INC. 3 296.60 296.60 001301 DELTA DENTAL PLAN OF MINNESOTA 1 4,542.05 4,542.05 001480 BAWKINS INC. 2 10,139.17 10,139.17 001518 FLAIL- MASTER, INC. 1 341.28 341.28 001530 FOREST LAKE FORD, INC. 1 113.47 113.47 001550 ASSURANT EMPOLYEE BENEFITS 1 1,058.19 1,058.19 001605 GOVERNMENT FINANCE OFFICERS ASSOC 1 415.00 415.00 001720 GRAINGER, INC. 1 303.87 303.87 001860 KENNEDY AND GRAVEN, INC. 2 1,530.75 1,530.75 D01875 HUELMAN, PAT 1 50.00 50.00 001971 INFRATECH TECHNOLOGIES, INC. 3 2,927.50 2,927.50 •82 O'HARA, MATT 1 35.00 35.00 002020 WHALEY, PAUL 1 30.00 30.00 002052 WILSKE, DAVE 1 17.50 17.50 002130 TR LLE, PAL7L 1 225.00 225.00 002340 IMAGE PRINTING & GRAPHICS, INC. 2 342.79 342.79 002355 LINDY, GEORGE 1 75.00 75.00 002486 MATT PARROTT AND SONS COMPANY, INC. 1 499.25 499.25 002550 MENARDS, INC. 3 94.29 94.29 002564 ALT, JOYCE 1 48.00 48.00 002584 METRO SALES INCORPORATED 1 192.00 192.00 002694 AMERICAN MESSAGING 1 29.09 29.09 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .D0 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 Date: 06/29/2007 Time: 09:34:12 City of Lino Lakes Operator: JAL Page: 4 FM Entry - Invoice Journal Discount • 002825 TRUCK BODIES & EQUIP INTL INC. 1 2,341.68 2,341.68 .00 .00 002828 M.J. RALEIGH TRUCKING, INC. 1 14,643.83 14,643.83 .00 .00 002839 TYLER TECHNOLOGIES 1 10,509.37 10,509.37 .00 .00 002846 CLEPPER, BRIAN 1 40.00 40.00 .00 .00 002878 CLARK, CANDACE 1 25.00 25.00 .00 .00 002921 CARSON, ALICE 1 96.00 96.00 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 257.03 257.03 .00 .00 002940 ERICKSON, JEFF 1 35.00 35.00 .00 .00 002961 GRUBBS, TONY 1 30.00 30.00 .00 .00 002995 CREGAN, JESSE 1 12.50 12.50 .00 .00 002996 HANZELY, DEANNA 1 17.50 17.50 .00 .00 003011 MONTAIN, PAUL 1 50.00 50.00 .00 .00 003014 INTERSTATE DISTRIBUTORS 1 192.00 192.00 .00 .00 003031 LAMBERT, MARK 1 17.50 17.50 .00 .00 003050 MRPA 1 100.00 100.00 .00 .00 003073 MARANO, AMBER 1 35.00 35.00 .00 003076 PERFECT, BARB 1 35.00 35.00 .00 Iiii 003092 SPIESS, TRISH 1 17.50 17.50 .0D .00 003119 SELL, PATRICIA 1 96.00 96.00 .00 .00 003127 STEVENS, KAREN 1 5.00 5.00 .00 .00 003160 STONE WEST LANDSCAPE SUPPLY 2 138.45 138.45 .0D .00 003250 XCEL ENERGY 2 13,187.99 13,187.99 .00 .00 003271 HSBC BUSINESS SOLUTIONS 1 17.03 17.03 .00 .00 003600 PRESS PUBLICATIONS, INC. 4 296.40 296.40 .00 .00 003880 SHORT- ELLIOTT- HENDRICKSON, INC. 3 41,105.60 41,105.60 .00 .00 004059 SMYSER, JEFF 1 32.00 32.00 .00 .00 004063 ANOKA COUNTY LICENSE BUREAU 2 82.50 82.50 .00 .0D Vendor # Name # of items Net Gross Discount 9 Date: 06/29/2007 Time: 09:34:13 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 5 Discount # Name # of items Net Gross Discount Lost 004070 REED BUSINESS INFORMATION 3 506.21 506.21 004150 STAR TRIBUNE, INC. 1 605.80 605.80 004240 STREICHER'S, INC. 1 573.73 573.73 004302 SURPLUS SERVICES 1 10.00 10.00 004340 T.A. SCHIFSKY AND SONS, INC. 2 3,866.25 3,868.25 004350 T.K.D.A. 7 20,515.28 20,515.28 004367 TASCHUK, PAM 1 50.00 50.00 004470 COMO LUBE & SUPPLIES, INC. 2 759.83 759.83 004510 TRUCK UTILITIES, INC. 1 10,080.23 10,080.23 004530 TURF SUPPLY COMPANY, INC. 2 580.43 580.43 004562 HD SUPPLY WATERWORKS, LTD. 1 5,534.44 5,534.44 004608 POGALZ, BRIAN 1 150.00 150.00 004609 ROOT, MICHAEL 1 150.00 150.00 004660 URICH, TRACEY 1 115.00 115.00 004666 BOR, BARBARA 1 100.00 100.00 04840 WINNICK SUPPLY, INC. 1 53.76 53.76 42 BARTELL, JULIE 1 61.00 61.00 900224 NORTH COUNTRY BUILDERS 2 7,000.00 7,000.00 900305 HOMETOWN PIZZA, INC. 1 143.00 143.00 900471 BONESTROO 1 14,630.95 14,630.95 900494 NORTHERN ESCROW, INC. 1 8,674.23• 8,674.23 900578 BUDGET BLINDS, INC. 1 317.85 317.85 Grand Totals: 162 397,696.09 397,698.09 • .00 .D0 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .0D .00 .00 .00 .00 .0D .00 .00 .00 .00 .00 .00 .00 .00 .00 .00* Date: D6/29/2007 Time: 10:03:26 Ranges: Operator: JAL Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 6411 - 6425 Bank #: (A) Options: Print Ranges /Options: Y Page on Department: N Department Vendor Name # of copies: 1 Description MAYOR /COUNCIL MAYOR /COUNCIL MAYOR /COUNCIL ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION SENIORS SENIORS SENIORS FINANCE FINANCE FINANCE FINANCE FINANCE FINANCE FINANCE AMERICAN FAMILY LIFE ANOKA COUNTY RELIASTAR LIFE INSUR CENTRAL PENSION FUND PREFERRED ONE COMMUN MINNESOTA STATE RETI DELTA DENTAL PLAN OF MN CHILD SUPPORT PAY PAYROLL WITHHOLDING FILING FEES LIFE INSURANCE PAYROLL WITHHOLDING HEALTH INSURANCE PAYROLL WITHHOLDING DENTAL INSURANCE TERRY MECKLE /0014011778- Total for Department D. THOMAS JEWELRY, I PINS /EMPLOYEE RECOGNITIO KENNEDY AND GRAVEN, CHARTER REVIEW IMAGE PRINTING & GRA PRINT BUSINESS CARDS Total for Department 401 BARNA, GUZY & STEFFE RELIASTAR LIFE INSUR PREFERRED ONE COMMUN DELTA DENTAL PLAN OF NEITEL COMMUNICATION ASSURANT EMPLOYEE BE KENNEDY AND GRAVEN, PRESS PUBLICATIONS, STAR TRIBUNE, INC. SPRINT BARTELL, JULIE Total for TELEPHONE CONFERENCE LIFE INSURANCE HEALTH INSURANCE DENTAL INSURANCE MONTHLY SERVICE /MAY GROUP INSURANCE PUBLIC LAW UPDATE /GORDON ADVERTISING /CSO ADVERTISING /CSO MONTHLY SERVICE /JUNE MEETING /JULIE B & JEAN V Department 402 RELIASTAR LIFE INSUR LIFE INSURANCE NEBTEL COMMUNICATION MONTHLY SERVICE /MAY ASSURANT EMPLOYEE BE GROUP INSURANCE Total for Department 406 ROLEK, ALAN RELIASTAR LIFE INSUR PREFERRED ONE COMMUN DELTA DENTAL PLAN OF ASSURANT EMPLOYEE BE GOVERNMENT FINANCE 0 MATT PARROTT AND SON Amount 179.84 322.00 1,137.92 3,955.20 10,457.14 836.72 2,550.46 257.03 19,696.31* 375.00 887.25 100.99 1,363.24* 27.00 23.75 2,266.74 161.03 16.90 B2.86 90.00 141.00 605.80 126.86 61.00 3,604.94* 4.75 21.1D 5.29 31.14* MILEAGE /PARKING /MEALS /LO 1,926.32 LIFE INSURANCE 14.97 HEALTH INSURANCE 1,430.37 DENTAL INSURANCE 112.74 GROUP INSURANCE 56.28 CERTIFICATE OF ACHIEVEME 415.00 PRINT LASER A/P CHECKS 499.25 • • • Date: 06/29/2007 Time: 10:03:26 Operator: JAL • Department Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount FINANCE TYLER TECHNOLOGIES SOFTWARE MAINTENANCE Total for Department 407 ECONOMIC DEVELOPMENT RENNE, J. SCOTT MAI ECONOMIC DEVELOPMENT RELIASTAR LIFE INSUR ECONOMIC DEVELOPMENT PREFERRED ONE COMMUN ECONOMIC DEVELOPMENT DELTA DENTAL PLAN OF ECONOMIC DEVELOPMENT ASSURANT EMPLOYEE BE ECONOMIC DEVELOPMENT KENNEDY AND GRAVEN, ECONOMIC DEVELOPMENT PRESS PUBLICATIONS, ECONOMIC DEVELOPMENT PRESS PUBLICATIONS, Total for PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING COMM DEV COMM DEV COMM DEV COMM DEV COMM DEV COMM DEV POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE • & ZONING & ZONING & ZONING & ZONING & ZONING & ZONING & ZONING & ZONING & ZONING & ZONING & ZONING & ZONING & ZONING & ZONING & ZONING APPRAISAL SERVICES LIFE INSURANCE HEALTH INSURANCE DENTAL INSURANCE GROUP INSURANCE SUBSIDY AGREEMENT ECON DEV NOTICE PUBLIC HEARING Department 415 NELSON, ROBERT RAFFERTY, ROBIN G. RELIASTAR LIFE INSUR LADEN, PERRY PREFERRED ONE COMMUN HYDEN, MICHAEL DELTA DENTAL PLAN OF ASSURANT EMPLOYEE BE KENNEDY AND GRAVEN, TRALLE, PAUL SMYSER, JEFF T.K.D.A. PDGALZ, BRIAN ROOT, MICHAEL BONESTROO QUARTERLY STIPEND QUARTERLY STIPEND LIFE INSURANCE QUARTERLY STIPEND HEALTH INSURANCE QUARTERLY STIPEND DENTAL INSURANCE GROUP INSURANCE PUBLIC LAW UPDATE /GORDON QUARTERLY STIPEND REIMBURSE PROGRAM CSAB 49 /CRJ -MAY QUARTERLY STIPEND QUARTERLY STIPEND COMP PLAN UPDATE Total for Department 416 RELIASTAR LIFE INSUR LIFE INSURANCE PREFERRED ONE COMMUN HEALTH INSURANCE DELTA DENTAL PLAN OF DENTAL INSURANCE NEXTEL COMMUNICATION MONTHLY SERVICE /MAY ASSURANT EMPLOYEE BE GROUP INSURANCE SHORT- ELLIOTT- HENDRI GIS SERVICES /MAY Total for Department 418 RELIASTAR LIFE INSUR TARGET TARGET TARGET NATIONAL ASSOCIATION HAGER, DALE BROADWAY AWARDS, INC PREFERRED ONE COMMON DELTA DENTAL PLAN OF ASSURANT EMPLOYEE BE IMAGE PRINTING & GRA XCEL ENERGY MONTHLY LIFE INSURANCE CAKE POSTER MATERIAL /FOOD /GIF SUPPLIES MEMBERSHIP REIMBURSE SUPPLIES NAME PLATES HEALTH INSURANCE DENTAL INSURANCE GROUP INSURANCE PRINTING- PROPERTY FORMS SERVICE /MAY 6,391.02 10,845.95* 1,700.00 4.75 352.18 32.20 16.42 463.50 29.60 22.20 2,620.85* 150.00 150.00 9.50 150.00 704.36 150.00 64.40 30.42 90.00 225.00 32.00 119.53 150.00 150.00 14,630.95 16,806.16* 11.87 924.41 86.57 16.90 42.70 260.00 1,344.45* 137.75 307.92 181.77 61.26 25.00 158.19 29.29 15,397.12 528.50 396.14 241.80 3.38 Date: 06/29/2007 Time: 10:03:26 Department Operator: JAL Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount POLICE POLICE POLICE POLICE POLICE POLICE POLICE FIRE FIRE FIRE FIRE FIRE STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. UNIFORM SUPPLIES /419226 UNIFORM SUPPLIES /423488 UNIFORM SUPPLIES /426110 UNIFORM SUPPLIES /428742 UNIFORM SUPPLIES /438849 UNIFORM SUPPLIES /439344 UNIFORM SUPPLIES /440215 Total for Department 420 RELIASTAR LIFE INSUR LIFE INSURANCE PREFERRED ONE COMMUN HEALTH INSURANCE CENTENNIAL FIRE DIST QUARTERLY BUDGET DELTA DENTAL PLAN OF DENTAL INSURANCE ASSURANT EMPLOYEE BE GROUP INSURANCE Total for Department 421 BUILDING INSPECTIONS RELIASTAR LIFE INSUR LIFE INSURANCE BUILDING INSPECTIONS PREFERRED ONE COMMUN HEALTH INSURANCE BUILDING INSPECTIONS DELTA DENTAL PLAN OF DENTAL INSURANCE BUILDING INSPECTIONS NEXTEL COMMUNICATION MONTHLY SERVICE /MAY BUILDING INSPECTIONS ASSURANT EMPLOYEE BE GROUP INSURANCE Total for Department 422 STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET ALL SEASONS RENTAL, MIXING TRAILER RENTAL RELIASTAR LIFE INSUR LIFE INSURANCE BROCK WHITE, INC. SERRATED LUTE PREFERRED ONE COMMUN HEALTH INSURANCE DELTA DENTAL PLAN OF DENTAL INSURANCE NEXTEL COMMUNICATION MONTHLY SERVICE /MAY ASSURANT EMPLOYEE BE GROUP INSURANCE GRAINGER, INC. SAFETY CAN MENARDS, INC. DUCT TAPE MENARDS, INC. PHONE HOLDER AMERICAN MESSAGING MONTHLY SERVICE /JULY TRUCK BODIES & EQUIP TARP PLATE /TUBE FRAME/HO M.J. RALEIGH TRUCKIN GRAVEL SURFACING XCEL ENERGY MONTHLY SERVICE/MAY_ T.A. SCHIFSKY AND SO ASPHALT Total for Department 430 MACQUEEN EQUIPMENT, MACQUEEN EQUIPMENT, WINGFOOT COMMERCIAL RYDEEN, LES't•r,0 STEVE TUPY TIRE SERV RELIASTAR LIFE INSUR AUTO - MEDICS, INC. AUTO - MEDICS, INC. AUTO - MEDICS, INC. BEE LINE ALIGNMENT S NUT /SHACKLE /COLLAR /SPACE SLEEVE /U -JOINT ASSEMBLY/ TIRES REIMIBURSE ASE TEST TIRE REPAIR LIFE INSURANCE TOW DUMP TRUCK TOW ELGIN SWEEPER TOW PONTIAC BONNEVILLE 4 WHEEL ALIGN 95.07 87.28 83.02 67.10 40.47 69.98 130.81 18,041.85* 14.25 1,868.34 114,213.00 94.37 44.51 116,234.47* 19.00 2,002.61 136.88 156.29 57.57 2,372.35* 127.48 34.91 128.40 3,292.49 236.7D 40.87 102.58 101.29 19.90 4.98 9.70 2,341.68 14,643.83 4,602.88 3,868.25 29,555.94* 68.84 1,508.00 243.06 103.00 1,028.30 5.46 213.00 223.65 90.20 85.00 • • Date: 06/29/2007 Time: 10:03:26 Operator: JAL • Department FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT +]1 1 I PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARRS PARKS PARKS PARKS PARKS PARKS PARKS PARKS Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS BUILDINGS MYERS TIRE - MINNEAP MYERS TIRE - MINNEAP PREFERRED ONE COMMON ALTERNATOR & STARTER DELTA DENTAL PLAN OF FLAIL- MASTER, INC. FOREST LAKE FORD, IN ASSURANT EMPLOYEE BE HSBC BUSINESS SOLUTI PETTY CASH COMO LURE & SUPPLIES COMO LURE & SUPPLIES WINNICK SUPPLY, INC. Total for D LEAK DETECTOR SLIP TAC /LUBE /LEAK DETEC HEALTH INSURANCE REPAIR STARTER DENTAL INSURANCE BLADE OIL /SWITCHES GROUP INSURANCE COUPLER LENS GREASE OIL /WINDSHIELD SOLVENT WELDING GAS /70480 epartment 431 J. H. LARSON COMPANY WHITE BEAR LOCKSMITH RELIASTAR LIFE INSUR TARGET FILTRATION SYSTEMS, PREFERRED ONE COMMUN C. P. OFFICE PRODUCT C. P. OFFICE PRODUCT CIRCLE PINES, CITY 0 DALCO, INC. DALCO, INC. DELTA DENTAL PLAN OF ASSURANT EMPLOYEE BE MENARDS, INC. INTERSTATE DISTRIBUT BUDGET BLINDS, INC. SUPPLIES REPAIR POLICE GARAGE DOD LIFE INSURANCE DVD PLAYER FILTERS HEALTH INSURANCE OFFICE SUPPLIES PENS MONTHLY SERVICE /MAY HAND GRIP JANITORIAL SUPPLIES DENTAL INSURANCE GROUP INSURANCE MURIATIC ACID /SEALER ICE MAKER WINDOW FILM Total for Department 432 BOYLE, KATIE QUARTERLY STIPEND GALLUP, KATHRYN QUARTERLY STIPEND WIPERS AND WIPES, IN CAN LINERS KUSTERMAN, BILL RELIASTAR LIFE INSUR ARCADE ASPHALT, INC. PREFERRED ONE COMMON CIRCLE PINES, CITY 0 DELTA DENTAL PLAN OF NEXTEL COMMUNICATION ASSURANT EMPLOYEE BE GRAINGER, INC. HUELMAN, PAT LINDY, GEORGE METRO SALES INCORPOR MONTAIN, PAUL XCEL ENERGY QUARTERLY STIPEND LIFE INSURANCE PATH OVERLAY HEALTH INSURANCE MONTHLY SERVICE /MAY DENTAL INSURANCE MONTHLY SERVICE /MAY GROUP INSURANCE SAFETY CAN QUARTERLY STIPEND QUARTERLY STIPEND COPIER MAINTENANCE QUARTERLY STIPEND MONTHLY SERVICE /MAY 13.45 38.90 646.83 85.20 37.03 341.28 113.47 14.90 17.03 16.3D 389.94 369.89 71.78 5,724.51* 163.29 101.63 4.75 85.19 196.68 352.18 338.96 13.01 1,693.12 10.64 265.96 32.20 10.25 69.41 192.00 317.85 3,867.12* 50.00 50.00 239.63 50.00 28.50 20,000.00 1,221.14 74.40 161.04 255.85 80.22 101.29 50.00 75.00 67.20 50.00 144.88 Date: 06/29/2007 Time: 10:03:26 Operator: JAL Department Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount PARES PARES PARES PARKS PARKS RECREATION RECREATION RECREATION RECREATION RECREATION RECREATION RECREATION RECREATION ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL SOLID WASTE SOLID WASTE SOLID WASTE SOLID WASTE FORESTRY FORESTRY FORESTRY FORESTRY FORESTRY PRESS PUBLICATIONS, ADVERTISING /BIDS -LINO PA SHORT- ELLIOTT- HENDRI GIS SERVICES /MAY TASCHUK, PAM QUARTERLY STIPEND TURF SUPPLY COMPANY, MAINTENANCE SUPPLIES URICH, TRACEY REIMBURSE CLOTHING ALLOW Total for Department 450 CUB FOODS RELIASTAR LIFE INSUR PREFERRED ONE COMMUN C. P. OFFICE PRODUCT DELTA DENTAL PLAN OF NEXTEL COMMUNICATION ASSURANT EMPLOYEE BE METRO SALES INCORPOR SUPPLIES /PROGRAM REC LIFE INSURANCE HEALTH INSURANCE BAIMNY DENTAL INSURANCE MONTHLY SERVICE /MAY GROUP INSURANCE COPIER MAINTENANCE Total for Department 451 O'DEA, MARY JO BROUILLET, KIMBERLY DEHAVEN, MARTHA RELIASTAR LIFE INSUR ANDRZEJEWSKI, PAULA BROWN, PETNk TAYLOR, ALAN PREFERRED ONE COMMUN DELTA DENTAL PLAN OF NEXTEL COMMUNICATION ASSURANT EMPLOYEE BE BOR, BARBARA QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND LIFE INSURANCE QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND HEALTH INSURANCE DENTAL INSURANCE MONTHLY SERVICE /MAY GROUP INSURANCE QUARTERLY STIPEND Total for Department 461 RELIASTAR LIFE INSUR LIFE INSURANCE PREFERRED ONE COMMUN HEALTH INSURANCE DELTA DENTAL PLAN OF DENTAL INSURANCE ASSURANT EMPLOYEE BE GROUP INSURANCE Total for Department 462 RELIASTAR LIFE INSUR PREFERRED ONE COMMUN DELTA DENTAL PLAN OF ASSURANT EMPLOYEE BE PETTY CASH LIFE INSURANCE HEALTH INSURANCE DENTAL INSURANCE GROUP INSURANCE CHAIR Total for Department 463 Total for Fund 101 MACNEIL, LISA ZARE3 INSKI, TRACY HOCH, ELI O'HARA, MATT REISSUE LOST CHECK REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC 103.60 429.33 50.00 580.43 115.00 23,977.51* 41.28 15.20 1,131.26 24.47 103.06 16.93 41.48 124.80 1,498.48* 225.00 100.00 100.00 5.23 150.00 150.00 100.00 196.02 11.28 33.89 11.58 100.00 1,183.00* 1.43 201.96 9.66 4.99 218.04* 2.85 196.02 11.27 5.84 5.00 220.98* 259,207.29* 45.00 5.0D 35.00 35.00 • • • Date: 06/29/2007 Time: 10:03:26 Operator: JAL • Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount WHALEY, PAUL REIMBURSE PROGRAM REC 30.00 WILSKE, DAVE REIMBURSE PROGRAM REC 17.50 ALT, JOYCE REIMBURSE PROGRAM REC 48.00 DEHMER, JEAN REIMBURSE PROGRAM REC 95.00 CLEPPER, BRIAN REIMBURSE PROGRAM REC 40.00 CLARK, CANDACE REIMBURSE PROGRAM REC 25.00 CARSON, ALICE REIMBURSE PROGRAM REC 96.00 ERICKSON, JEFF REIMBURSE PROGRAM REC 35.00 GRUBBS, TONY REIMBURSE PROGRAM REC 30.00 CREGAN, JESSE REIMBURSE PROGRAM REC 12.50 HANZELY, DEANNA REIMBURSE PROGRAM REC 17.50 LAMBERT, MARK REIMBURSE PROGRAM REC 17.50 MARANO, AMBER REIMBURSE PROGRAM REC 35.00 PERFECT, BARB REIMBURSE PROGRAM REC 35.00 SPIESS, TRISH REIMBURSE PROGRAM REC 17.50 SHF'LLAND, PATRICIA REIMBURSE PROGRAM REC 96.00 STEVENS, KAREN REIMBURSE PROGRAM EEC 5.00 Total for Department 772.50* SPECIAL EVENTS /TRIPS ANOKA COUNTY TREASUR PROGRAM REC SPECIAL EVENTS /TRIPS MRPA WORKSHIP /PROGRAM REC Total for Department 205 110.00 100.00 210.00* YOUTH INSTRUCTIONAL PETTY CASH ICE 7.78 YouTH INSTRUCTIONAL HOMETOWN PIZZA, INC. PIZZA /PROGRAM REC 143.00 Total for Department 207 150.78* Total for Fund 201 1,133.28* CENTENNIAL FIRE DIST QUARTERLY BUDGET Total for Department 421 17,275.00 17,275.00* FLEET TRUCK UTILITIES, INC TRUCK DUMP BODY FOR 1 TO 10,080.23 Total for Department 431 10,080.23* OTHER Total for Fund 402 27,355.23* T.K.D.A. PARK GRADING /TRAIL IMPRO Total for Department 499 12,480.76 12,480.78* Total for Fund 405 12,480.76* OTHER NORTHERN ESCROW, INC LOIS LANE UTILITY /JAY BR 8,674.23 Total for Department 499 8,674.23* Total for Fund 406 8,674.23* OTHER REED BUSINESS INFORM OVERLAY PROJECT 165.02 OTHER REED BUSINESS INFORM SEAL COATING 162.79 Total for Department 499 327.81* • Date: 06/29/2007 Time: 10:03:26 Department Operator: JAL Page: 7 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount OTHER OTHER OTHER OTHER OTHER OTHER WATER WATER WATER WATER WATER WATER WAr± WATER WATER WATER WATER WAi h WATER WATER WATER WATER WATER WATER WATER WATER WATER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER Total for ANOKA COUNTY W H RESPONSE CENTRAL LANDSCAPING, SHORT- ELLIOTT- HENDRI SHORT- ELLIOTT- HENDRI REED BUSINESS INFORM Total for Total for Fund 421 327.81* FILING k'EES 92.0D LEGACY /STREET LIGHTING 8,049.56 EROSION CONTROL BLANKET/ 279.56 ENGINEERING SERVICES /MAY 17,221.42 ENGINEERING /LEGACY -MAY 23,194.85 ADVERTISE FOR BIDS /LINO 178.40 Department 499 49,015.79* Fund 471 NORTHERN WATER WORKS AID ELECTRIC SERVICE CAPITAL HOMES, INC. INSTRUMENTAL RESEARC RELIASTAR LIFE INSUR PREFERRED ONE COMMUN CIRCLE PINES POST OF DELTA DENTAL PLAN OF NEXTEL COMMUNICATION HAWKINS , INC. ASSURANT EMPLOYEE BE GRAINGER, INC. AMERICAN MESSAGING TYLER TECHNOLOGIES %CEL ENERGY PETTY CASH PETTY CASH SURPLUS SERVICES T.K.D_A. HD SUPPLY WATERWORKS WINNICK SUPPLY, INC. TEST GUAGE WELL #3 6750 BLACK DUCK /REIB BLD WATER SAMPLES LIFE INSURANCE HEALTH INSURANCE UTILITY BILLING POSTAGE DENTAL INSURANCE MONTHLY SERVICE /MAY CHLORINE CYCLINDER /CHEMI GROUP INSURANCE SAFETY CAN MONTHLY SERVICE /JULY SOFTWARE MAINTENANCE MONTHLY SERVICE /MAY HOLDER, CLIP, HERBICIDE POSTAGE FILE CABINET WATER PLAN /MAY METER INSTALLATION /MTR /T MALE BRASS /68714 Total for Department 494 Total for Fund 601 ABLE HOSE AND RUBBER RELIASTAR LIFE INSUR PREFERRED ONE COMMUN CIRCLE PINES POST OF DELTA DENTAL PLAN OF NEXTEL COMMUNICATION ASSURANT EMPLOYEE BE INFRATECH TECHNOLOGI INFRATECH TECHNOLOGI AMERICAN MESSAGING TYLER TECHNOLOGIES STONE WEST LANDSCAPE XCEL ENERGY HOSE /CLAMP /CAM & GROOVE LIFE INSURANCE HEALTH INSURANCE UTILITY BILLING POSTAGE DENTAL INSURANCE MONTHLY SERVICE /MAY GROUP INSURANCE JET /VAC CLEAN SEWER LINE TELEVISE SEWER PIPE MONTHLY SERVICE /JULY SOFTWARE MAINTENANCE FLAGSTONE MONTHLY SERVICE /MAY 49,015.79* 374.53 379.80 -50.00 84.5D 11.41 1,206.10 243.39 101.44 43.80 10,139.17 27.07 101.29 14.54 2,059.17 7,441.18 22.87 2.32 10.0D 1,425.43 5,534.44 -18.02 29,154.43* 29,154.43* 273.90 11.38 853.91 243.38 69.22 70.41 27.09 1,170.00 1,757.50 4.85 2,059.18 138.45 995.67 • • Date: 06/29/2007 Time: 10:03:26 Operator: JAL • Department Page: 8 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount Total for Department 495 Total for Fund 602 TARGET ST. CROIS BOAT & PAC CAPITAL HOMES, INC. CAPITAL HOMES, INC. CENTURY FENCE COMPAN MCLEAN, CANDACE ANOKA COUNTY LICENSE ANOKA COUNTY LICENSE T.K.D.A. T.K.D.A. T.K.D.A. T.K.D.A. NORTH COUNTRY BUILDE NORTH COUNTRY BUILDE EMPLOYEE APPRECIATION DI EMPLOYEE APPRECIATION BO 6742 BLACK DUCK /REIMS BL 6750 BLACK DUCK /REIB BLD DOG KENNEL REIMBURSE DWI FORFEITURE LICENSE '01 CHEV S -10 PI TITLE SEIZED VEHICLE HOLLY ACRES /APRIL THE PRESERVE /APRIL THE PRESERVE /MARCH THE PRESERVE /MAY 339 OAK HOLLOW /REIIMB BL 356 OAK HOLLOW /REIMB BLD NORTH COUNTRY BUILDE 6170 OAK HOLLOW LANE /REI Total for Department Total for Fund 801 Grand Total • 7,674.94* 7,674.94* 31.99 91.48 1,500.00 500.00 87.22 33.82 32.50 50.00 2,767.29 1,355.01 584.83 1,782.41 2,500.00 4,500.00 2,500.00 18,316.55* 18,316.55* 413,340.33* CENTENNIAL FIRE DISTRICT Check Register FIRE GL GL Posting Period(s): 06/07 - 06/07 Check Issue Date(s): 06/20/2007 - 06/29/2007 Page: 1 Jun 29, 2007 08:31am • Per Date Check No Vendor No 06/07 0629/07 2765 20140 06/07 06/29/07 2766 30480 06/07 06/29/07 2767 30650 06/07 06/29/07 2768 80201 Payee MILO BENNETT CENTENNIAL UTILITIES CLAREY'S SAFETY EQUIPMENT INC KALLI HAAPOJA 06/07 06/29/07 2769 90250 INTL ASSOC ARSON INVESTIGATC 06/07 06/29/07 2770 130440 METRO FIRE, INC Total 2770 06/07 06/29/07 2771 150140 OFFICE DEPOT, INC 06/07 06/29/07 2772 160491 POSTMASTER 06/07 06/29/07 2773 190350 SENTRY SYSTEMS, INC Totals: invoice Description PRINTER CARTRIDGES STATION 1 UTILITIES EQUIPMENT MTC SAFETY CAMP PREPARATION DUES MB HARNESS STRAP FLOW TEST SAFETY CAMP SUPPLIES STAMPS MONITORING STATION 1 Inv Amount 110.72 79.73 513.00 104.00 75.00 65.34 65.00 130.34 137.64 10.00 70.93 1,231.36 • • M = Manual Check, V = Void Check • • • Consent Agenda Item 18 STAFF ORIGINATOR: Al Rolek DATE: July 09, 2007 TOPIC: Consideration of not waiving monetary limits on tort liability per MN Statute 466.04 BACKGROUND Each year, the City has the option of waving its monetary limits on tort liability to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $300,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,000,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city does waive the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,000,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory limits apply would also be limited to $1,000,000, regardless of the number of claimants. If the city does waive the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. The city carries $1,000,000 in excess liability coverage ($1,000,000 per occurrence and annual limit). The City of Lino Lakes has never waived its' monetary limits on tort liability. OPTIONS 1. The City of Lino Lakes does not choose to waive its' monetary limits on tort liability established by Minnesota Statutes 466.04. 2. The City of Lino Lakes chooses to waive its' monetary limits on tort liability to the extent of the limits of the excess liability coverage obtained from the League of Minnesota Cities Insurance Trust. RECOMMENDATION Recommend option 1. • • • • AGENDA ITEM I C STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: July 9, 2007 TOPIC: Resolution No. 07 -105, Approving Payment Request No. 3 (Final) and Compensating Change Order No. 2, 2006 Pond and Ditch Cleaning Projects. VOTE REQUIRED: 3/5 Vote Required BACKGROUND: The contractor for the 2006 Pond and Ditch Cleaning Projects, Amt Construction Company, Inc. is requesting City approval of Payment Request No. 3 (Final) in the amount of $2,417.91. A copy of the Final Payment is attached. The contractor has satisfactorily completed all work and has provided all necessary documentation. .A copy of the Compensating Change Order is attached. With this Change Order, the final contract amount is $48,358.16, which is below the Engineers Estimate of $49,300.00. Approval of the Final Payment will begin the one -year warranty period. RECOMMENDATION: Staff recommends approval of Resolution 07 -105, Payment Request No. 3 (Final) and Compensating Change Order No. 1, 2006 Pond and Ditch Cleaning Projects. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -105 RESOLUTION APPROVING PAYMENT REQUEST NO. 3 (FINAL) AND COMPENSATING CHANGE ORDER NO. 1 — 2006 POND AND DITCH CLEANIING PROJECTS WHEREAS, the 2006 Pond and Ditch Cleaning Projects has been completed by Arnt Construction Company, Inc., and WHEREAS, the one -year warranty period for this project will begin with the Final Payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Compensating Change Order No. 1 and Payment Request No. 3 (Final) is approved for a final contract amount of $48,358.16. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 9th day of July, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • TKDA ENGINEERS • ARCHITECTS • PLANNERS 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 -2140 (651) 292 -4400 (651) 292 -0083 Fax www.tkda.com Pro}. No. 13475.000 Cert. No. 3(F) St. Paul, MN, June 13 , 20 07 To City of Lino Lakes, Minnesota This Certifies that Amt Construction Company, Inc. For 2006Pond and Ditch Cleaning Projects Owner , Contractor Is entitled to being 3rd Two Thousand Four Hundred Seventeen Dollars and 91/100 FINAL estimate for Ree,e7, +';n ent in full Arnt Constructiontompany, Inc. /f ,20 6 • ($ 2,417.91 ) yment on contract with you dated January 9 , 2006 TKDA Thomas D. Prew, P. RECAPITULATION OF ACCOUNT An Employee Owned Company Pro _ 2 4 _ irmative Action and Equal Opportunity CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras $ 36,394.00 All previous payrcents $ 45,940.25 All previous credits Extra No. Change Order No. 1 $ 1,432.00 Compensating Change Order No. 2 $ 10,532.16 n Credit No. $ . . AMOUNT OF THIS CERTIFTCA'Lb $ 2,417.91 Totals $ 48,358.16 $ 48,358.16 $ - Credit Balance $ - There will remain unpaid on contract after paynrnt of this Certificate $ - $ 48.358.16 u $ 48358.16 J $ - An Employee Owned Company Pro _ 2 4 _ irmative Action and Equal Opportunity TKDA Engineers- Architects - Planners PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS Estimate No. 3(F) Period Ending May 31 , 20 07 Page 1 of 1 Proj. No. 13475.000 Contractor Arnt Construction Company, Inc. Original Contract Amount $36,394.00 Project 200$ Pond and Ditch Cleaning Projects Location City of Lino Lakes. Minnesota Total Contract Work Completed $ 46,926.16 Total Approved Credits $ 0.00 Total Approved Exl.La Work Completed (Change Order No. 1) $ 1,432.00 Approved Extra Orders Amount Completed $ 1,432.00 Total Amount Earned This Estimate $ 48,358.16 Less Approved Credits Less 0 %Retained Less Previous Payments Total Deductions Amount Due This Estimate Contractor Engineer $ 0.00 $ 0.00 $ 45,94025 $ 45,940.25 2,417.91 Date ' /5 "CJ % Date June 13, 2007 • • ESTIMATE NO. 3(F) 2001iiPOND AND DITCH CLEANING PROJECTS OITY OF LINO LAKES, MINNESOTA KDA PROJECT NO. 13475.000 PERIOD ENDING: May 31, 2007 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE DITCH TO BALDWIN LAKE 1 MOBILIZATION LS 1.0 1.0 $ 4,640.00 $ 4,640.00 2 CLEAR/GRUB TREES EA 12.0 2.0 $ 50.00 $ 100.00 3 DITCH EXCAVATION (MATERIAL WASTED ON SITE) CY 200.0 120.0 $ 14.80 $ 1,776.00 4 RESTORATION - SOD AND SEED W/BLANKET LS 1.0 1.0 $ 3,000.00 $ 3,000.00 SUBTOTAL A $ 9,516.00 POND CLEANING IN TRAPPERS CROSSING 1 MOBILIZATION LS 1.0 1.0 $ 4,650.00 $ 4,650.00 2 CLEAR AND GRUB EA 5.0 - $ 50.00 $ 3 POND EXCAVATION (MATERIAL HAULED AWAY) CY 400.0 624.0 $ 15.82 $ 9,871.68 4 RESTORATION - SOD LS 1.0 1.0 $ 3,480.00 $ 3,480.00 SUBTOTAL B $ 18,001.68 POND CLEANING AT BLACKBIRD LANE 1 MOBILIZATION LS 1.0 1.0 $ 3,650.00 $ 3,650.00 2 CLEAR AND GRUB EA 5.0 5.0 $ 50.00 $ 250.00 3 POND EXCAVATION (MATERIAL HAULED AWAY) CY 300.0 864.0 $ 15.82 $ 13,668.48 4 RESTORATION - SEED W/BLANKET LS 1.0 1.0 $ 1,840.00 $ 1,840.00 SUBTOTAL C $ 19,408.48 SUBTOTAL PARTS A, B, AND C 0 $ 46,926.16 CHANGE ORDER NO. 1 - CLEAN OUT DITCH AT DEERWOOD & FOX 1 FOREMAN HRS 4.0 4.0 $ 80.00 $ 320.00 2 CAT 325 B BACKHOE HRS 4.5 4.5 $ 176.00 $ 792.00 3 TRIAXLES HRS 4.0 4.0 $ 80.00 $ 320.00 SUBTOTAL CHANGE ORDER NO. 1 $ 1,432.00 TOTAL ESTIMATE NO. 3(F) $ 48,358.16 • CHANGE ORDER TKDA Engineers - Architects - Planners Compensating Saint Paul, MN June 13 20 07 Proj. No. 13475.000 Change Order No. 2 To Amt Constriction Company, Inc . • for 2004 Pond and Ditch Cleaning Project for City of Lino Lakes, Minnesota You are hereby directed to make the following change to your contract dated January 9 , 20 06 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (desrsaae) (net-shave) the contract sum by Ten Thousand Five Hundred Thirty -Two Dollars and 16/100 ($ 10,532.16 ). COMPENSATING CHANGE ORDER This change order shows the actual quantities installed at the unit price bid amounts (see attached itemization): NET CHANGE = Amount of Original Contract Additions approved to date (Nos. Change Order No. 1 Deductions approved to date (Nos Contract amount to date Amount of this Change Order (Add) (Deduct) ) Revised Contract Annunt Approved City of Lino Lakes Owner $ 10,532.16 $ 36,394.00 $ 1,432.00 $ 37,826.00 $ 10,532.16 $ 48,358.16 TKDA By By Thomas D. Prew, P .E. Approved Arnt Co : (ction Comnan /1 White - Owner Contra to / Pink - Contractor Blue - TKDA By COMPENSATING CHANGE ORDER NO. 2 200fPOND AND DITCH CLEANING PROJECTS CITY OF LINO LAKES, MINNESOTA .TKDA PROJECT NO. 13475.000 PERIOD ENDING: May 31, 2007 rrsm CONTRACT QUANTITY UNIT AMOUNT NET CONTRACT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE CHANGE AMOUNT DITCH TO BALDWIN LAKE 1 MOBILIZATION LS 1.0 1.0 $ 4,640.00 $ 4,640.00 $ - $ 4,640.00 2 CLEAR/GRUB TREES EA 120 20 $ 50.00 $ 100.00 $ (500.00) $ 600.00 3 DITCH EXCAVATION (MATERIAL WASTED ON SITE) CY 200.0 120.0 $ 14.8D $ 1,776.00 $ (1,184.00) $ 2,960.00 4 RESTORATION - SOD AND SEED W/BLANKET LS 1.0 1.0 $ 3,000.00 $ 3,000.00 $ - $ 3,000.00 SUBTOTALA $ 9,516.00 $ (1,684.00) $ 11,200.00 • • POND CLEANING IN TRAPPERS CROSSING 1 MOBILIZATION LS 1.0 1.0 $ 4,650.00 $ 4,650.00 $ - $ 4,650.00 2 CLEAR AND GRUB EA 5.0 - $ 50.00 $ - $ (250.00) $ 250.00 3 POND EXCAVATION (MATERIAL HAULED AWAY) CY 400.0 624.0 $ 15.62 $ 9,871.68 $ 3,543.68 $ 6,328.00 4 RESTORATION - SOD LS 1.0 1.0 $ 3,480.00 $ 3,480.00 $ - $ 3,480.00 SUBTOTAL B $ 18,001.68 $ 3,293.68 $ 14,708.00 POND CLEANING AT BLACKBIRD LANE 1 MOBILIZATION LS 1.0 1.0 $ 3,650.00 $ 3,650.00 $ $ 3,650.00 2 CLEAR AND GRUB EA 5.0 5.D $ 50.0D $ 250.00 $ - $ 250.00 3 POND EXCAVATION (MATERIAL HAULED AWAY) CY 300.0 864.0 $ 15.82 $ 13,668.48 $ 8,922.48 $ 4,746.00 4 RESTORATION - SEED W/BLANKET LS 1.0 1.0 $ 1,840.00 $ 1,840.00 $ $ 1,840.00 SUBTOTAL C $ 19,408.48 $ 8,922.48 $ 10,486.00 SUBTOTAL PARTS A, B, AND C $ 46,926.16 $ 10,532.16 $ 36,394.00 CHANGE ORDER NO. 1 - CLEAN OUT DITCH AT DEERWDOD & FOX 1 FOREMAN HRS 4.0 4.0 $ B0.00 $ 320.00 $ - $ 320.00 2 CAT 325 B BACKHOE HRS 4.5 4.5 $ 176.00 $ 792.00 $ $ 792.00 3 TRIAXLES HRS 4.0 4.0 $ 80.00 $ 320.00 $ $ 320.00 SUBTOTAL CHANGE ORDER NO. 1 $ 1,432.00 $ $ 1,43200 COMPENSATING CHANGE ORDER NO. 2 $ 48,358.16 $ 10,532.16 $ 37,826.00 -28- • • • AGENDA ITEM 1 D STAFF ORIGINATOR: Marty Asieson MEETING DATE: July 9, 2007 TOPIC: Authorize acceptance of donation for Great Blue Heron Rookery Aerial Photography VOTE REQUIRED: 3/5 BACKGROUND As part of the continuing monitoring of the Great Blue Heron rookery on Peltier Island, the DNR has in the past performed an aerial inventory of nesting birds. The DNR discontinued the fly -over when Steve Kittleson (regional non -game wildlife manager) relocated to an out -state Minnesota location. Staff did perform the aerial survey this year and had Andy Van Duyke from the University of Minnesota perform the inventory of Peltier Island. Barbara Bor donated $100 to pay for this fly -over inventory. ANALYSIS Flyover inventory showed retuming birds with approximately 34 occupied nests. This was good information in that the Herons showed up late this year for some reason and we were all anxious to verify Herons on nests. Subsequent ground "truthing" found 36 active nests detected in 24 trees and 27 egg fragments (chicks) found. This is at least as good as last year and up from 2 fledgling birds the year before. RECOMMENDATION Staff recommends accepting Barbara Bor's donation of $100 for the 2007 spring fly -over of Peltier island. • • • STAFF ORIGINATOR: MEETING DATE: TOPIC VOTE REQUIRED: BACKGROUND: AGENDA ITEM 3A Julie Bartell, City Clerk July 9, 2007 Consider Resolution No. 07 -101, Approving a a special event and parade permit for 2007 Blue Heron Days festival Simple Majority (3/5 Vote Required) The Blue Heron Days Committee is finalizing plans for the annual community festival to take place the weekend of August 17 through August 19, 2007. Events scheduled for this year's festival are a parade on Lake Drive, 5K run, Chili Dog run, city ambassador program with coronation ceremony, a petting zoo at the Spirit Hills Mall, medallion hunt, bike rodeo and business expo at the Community Green. The festival executive director, Alyssa Stull, has submitted a special event application requesting city permission to conduct these events. The volunteer parade coordinator, Mr. Bill Combs, has been working with city staff on the parade details and has provided the following information. He anticipates approximately 75 units in the parade; the proposed route for the parade would be the same as in 2006, running on Lake Drive from Marketplace Drive to James Street, with a staging area in the Super Target parking lot. He has obtained permission from Anoka County to conduct the parade on County Road 23 (Lake Drive). The Police and Fire Department have reviewed the applications and have signed off on the permits with the understanding that the applicants will continue to follow their instructions on safety, signage and parking up to and through the festival. The applicant must also have in place all necessary permissions for use of property involved in the event. The attached resolution approves the special event and parade permits with the noted contingencies. OPTIONS: 1. Approve Resolution No. 07 -101 approving a special event and parade permit for the Blue Heron Days festival. 2. Deny approval of Resolution No. 07 -101. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 07 -101 APPROVING A SPECIAL EVENT AND PARADE PERMIT FOR BLUE HERON DAYS, AUGUST 17 -19, 2007 WHEREAS, the Lino Lakes summer celebration, Blue Heron Days, is planned for the weekend of August 17 through August 19, 2007; WHEREAS, the schedule for this year's festival includes a parade, 5K run, Chili Dog Run, ambassador's program and coronation, petting zoo, a medallion hunt, bike rodeo, and business expo; and WHEREAS, the Blue Heron Days Committee has submitted an application to the City for a special event and parade permit in conjunction with said events; and WHEREAS, said permit applications were reviewed for compliance with the City of Lino Lakes code of ordinances and the police, fire and public works divisions have given their approval; WHEREAS, Anoka County has approved a special permit to allow for parade activities on Lake Drive on August 18 between the hours of 11:00 a.m. and 1:00 p.m. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the City Council hereby approves the special event and parade permit application for the 2007 Blue Heron Days festival subject to ongoing efforts to ensure proper safety, signage and related issues. Adopted by the Council of the City of Lino Lakes this 9th day of July, 2007. John Bergeson, Mayor Julianne Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: 29b • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 3B Julie Bartell, City Clerk July 9, 2007 Consider Resolution No. 07 -106, Authorizing issuance of a special event permit and 1-4 day temporary on sale liquor license for the American Legion Post 566 Blue Heron Days Family Picnic Simple Majority (3/5 Vote Required) American Legion Post 566 has scheduled a special event for Saturday, August 18, 2007, during the Blue Heron Days festival. The event plans include a pig roast, com feed, horseshoe tournament, music and sumo wrestling. Although the hours for the various elements of the event vary, the overall hours of operation would be from 10:00 a.m. to 9:00 p.m. The Legion would like to fence off a portion of their property on the south side of their building to be used for picnic festivities on this day only. The Minnesota Alcohol and Gambling Enforcement Division requires a 1 to 4 Day Temporary On -Sale Liquor License to allow the consumption of alcohol in this outdoor area. The applicant is required to submit their request to the city requesting local approval before the application is submitted to the state for final consideration. The Legion has submitted to the City an application for both a special event permit and temporary liquor license. The applications have been reviewed by staff, including the police and fire departments, and the applicant has been provided with a list of safety conditions. The applicant has agreed to comply with the conditions and to address any other safety considerations that may arise. Background information on the applicant and the American Legion Post officers is on file at City Hall. Therefore, staff is presenting for city council consideration a resolution authorizing the issuance of a special event permit and temporary liquor license to American Legion Post 566. OPTIONS: • 1. Approve Resolution No. 07 -106 authorizing issuance of a special event permit and 1-4 day temporary on sale liquor license for the American Legion Post 566 Blue Heron Days Family Picnic 2. Deny Resolution No. 07 -106. 29c • • COUNTY OF ANOKA CITY OF LINO LAKES RESOLUTION NO. 07 -106 AUTHORIZING A SPECIAL EVENT PERMIT AND TEMPORARY LIQUOR LICENSE FOR AN OUTDOOR PICNIC EVENT AT AMERICAN LEGION POST 566 ON AUGUST 18, 2007 WHEREAS, the manager of American Legion Post 566 has submitted an application for a special event permit and a 1 to 4 day temporary liquor license in conjunction with a event planned for August 18, 2007, and WHEREAS, the event plans include a pig roast, corn feed, horseshoe tournament, live music, and sumo wrestling; WHEREAS, as part of the event the Post would like to allow consumption of alcoholic beverages in a fenced area outside of but contiguous to their building; WHEREAS, the Post has indicated that all patrons or members attending the event will receive a proper identification check to ensure no underage alcohol service will occur; WHEREAS, the Centennial Fire District inspector has reviewed the plans for the event, including a tent, and has provided to the Post a list of safety conditions which must be met; WHEREAS, the Police Department has reviewed the application and event plans and conducted the necessary background investigation on the applicant; WHEREAS, proof of general liability and liquor liability insurance has been submitted by the Post; WHEREAS, the Alcohol & Gambling Enforcement Division requires that this type of temporary liquor application be approved by the City of Lino Lakes City Council before submitting for approval to the Liquor Control Board. Now, Therefore, Be It Resolved by The City Council of The City of Lino Lakes: That the City Council authorizes issuance of a Special Event Permit and grants local approval of a 1 -4 day temporary liquor license to American Legion Post 566 for a special event on August 18, 2007. 0 Approved by the City Council of the City of Lino Lakes this 9TH day of July, 2007. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk • • • AGENDA ITEM 6A STAFF ORIGINATOR: Mary Alice Divine DATE: July 9, 2007 TOPIC: First Reading of Ordinance 06 -07, conveying City owned land to Greg Anderson Development, LLC Vote Required: Simple Majority BACKGROUND: The City of Lino Lakes owns three acres of vacant property zoned General Business on Lake Drive, just north of 77th Street. In January 2007 the city entered into an agreement with Anderson Builders to allow them a period of time to investigate the development potential of the site. Anderson Builders has submitted a concept plan for development of the three acres. It includes a medical clinic and specialty medical services building with professional office space, and a multi- tenant retail center totaling approximately 27,000 sq. ft., for an estimated market value of $2.5 million. For consideration is a purchase agreement between Anderson Builders and the city for the three parcels at a price of $6.35 per square foot exclusive of an existing pond area for Lake Drive. The agreement outlines the actions to be taken by the city and developer prior to closing. Council's consideration of this development proposal should be based on consideration of the strength of the opportunity and whether this private development meets economic development and redevelopment objectives. Several factors are to be considered: • Tax benefits of increased market value • Leveraging additional private investment in the surrounding area • Motivated and qualified developer • Opportunities for future realignment of 77th Street • Redevelopment opportunities within the city's Town Center from residential to commercial properties. The city's Economic Development Advisory Committee has reviewed the proposal in draft form and has recommended that the city council enter into a development agreement with Anderson Builders for the sale of city property for development in substantial conformance with the concept plan. The city charter requires that disposal of any city property shall be done by ordinance. RECOMMENDATION: Staff recommends the Approval of the First Reading of Ordinance 06 -07 offering the sale of property to Anderson Builders and authorizing execution of the Purchase Agreement ATTACHMENTS 1. Ordinance 06 -07 2. Purchase Agreement 3. Concept Plan 4. Parcel Map • • • • • • CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 06 -07 AN ORDINANCE OFFERING THE SALE OF THREE PARCELS OF LAND BY THE CITY OF LINO LAKES The City Council of Lino Lakes, Anoka County, Minnesota does ordain: I. Greg Anderson Development, LLC (the "Developer ") has submitted to the City Council for consideration a Purchase Agreement dated July 9, 2007 to purchase certain real estate owned by the City. The Purchase Agreement provides, among other things, for the conveyance, under certain terms and conditions, of real property owned by the City described as follows: Lot 12, Blk 2 Caroles Estates 2nd Addition Lot 13, Blk 2 Caroles Estates 2nd Addition Lot 14, Blk 2 Caroles Estates 2nd Addition The city council of the City has determined that the Property is no longer needed by the City for any public purpose and that it is in the best interest of the City to convey the Property to the Developer subject to the terms of this ordinance and the Purchase Agreement. II. The city council of the City authorizes execution of the Purchase Agreement by the Mayor and Clerk after the effective date of this ordinance Furthermore, the mayor and city clerk are hereby authorized and directed to execute any other documents as may be necessary in order to sell the Property. Proceeds from the sale of the Property shall be used in accordance with the requirements of the city charter. This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with section 3.09 of the city charter. John Bergeson, Mayor ATTEST: Julie Bartell, City Clerk • • • 5/14/07 DA Draft 05/16/07 JLT 05/17/07 JLT 06/06/07 6/16/07 DA 6/25/07 DA (City of Lino Lakes Property) PURCHASE AGREEMENT THIS AGREEMENT is made and entered into this day of 2007, by and between GREG ANDERSON DEVELOPMENT, LLC, a Minnesota limited liability company, with its principal place of business at 3555 Louisiana Avenue South, St. Louis Park, Minnesota 55426 (hereinafter called "Purchaser "), and the CITY OF LINO LAKES, a Minnesota municipal corporation, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 11111 55014 (hereinafter called "Seller "). WITNESSETH THAT, WHEREAS: A. Seller is the owner of the parcel of land consisting of approximately 3 acres, which is described on Exhibit A attached hereto, together with all improvements located thereon and all easements, rights of way, privileges, appurtenances, and rights to same belonging to or enuring to the benefit of said parcel of land or its owner (hereinafter called the "Land ") lying and being in the City of Lino Lakes, County of Anoka, and State of Minnesota. B. Seller desires to sell to Purchaser, and Purchaser desires to purchase from Seller, subject to the terms, covenants and conditions hereinafter contained: 1. The Land, together with any improvements thereon and appurtenances thereto; • 2. All rights appurtenant to the Land as to any roadways adjacent to the Land; 3. All right, title and interest of Seller in and to all easements of record and all easements not of record benefiting the Land and any improvements thereon (or the owner or users thereof) over other property; and 4. All rights and governmental permits, whether or not of record, which benefit and/or are appurtenant to the Land. (such property hereinafter is collectively called the "Subject Property"). NOW, THEREFORE, in consideration of the foregoing, and in consideration of the mutual covenants herein contained, which each of the parties hereto acknowledges as adequate and sufficient, it is hereby agreed as follows: 1. Purchase and Permitted Encumbrances. Subject to the terms and conditions herein, Seller does hereby agree to sell to Purchaser, and Purchaser does hereby agree to purchase from Seller, the Subject Property, subject only to the following encumbrances (hereinafter called "Permitted Encumbrances "): (a) Building, zoning and subdivision ordinances, and State and Federal regulations, subject to the other terms and conditions herein in respect thereto. (b) Real estate taxes which are not yet due and payable for the year of Closing. Seller and Purchaser shall allocate /prorate real estate taxes and special assessments (including interest included in such installments) payable in the year of Closing in the manner provided in Subparagraph 12(c) hereof. (c) Those easements, encumbrances, and restrictions set forth on Exhibit B and on the title commitment provided for herein which are not objected to by Purchaser in connection with Purchaser's examination of title and survey and made a part hereof and such other easements, encumbrances and restrictions as may be approved by Purchaser pursuant to the terms of this Agreement. 2. Representations of Seller. Seller states, warrants and represents as of the date hereof as follows: (a) Except for all matters listed on Exhibit B and the existing mortgage on the Property (if any), Seller has not made, done, executed or - 3 5 - • • • • • suffered any act or thing whereby the Subject Property or any part thereof or Purchaser, if it should acquire the Subject Property, may now or hereafter be charged or encumbered. (b) Seller has full right and authority to execute and deliver this Agreement and all documents and instruments required hereunder to be executed and delivered by Seller. (c) Seller has no actual knowledge of any generation, transportation, treatment, storage, disposal or release in or on the Subject Property by third parties, and Seller has not caused or permitted any generation, transportation, treatment, storage, disposal or release in or on the Subject Property (or in or on any other Property adjacent thereto which is or has been owned by Seller), of any so -called hazardous substances, residues or wastes (including specifically petroleum and related hydrocarbons and their byproducts, asbestos, and polychlorinated biphenyls) which are subject to Federal, State or local laws, rules, regulations, ordinances or other regulatory requirements (hereinafter called "Regulated Substances "), and Seller has no actual knowledge of any Regulated Substances on or off the Subject Property (or any other property adjacent thereto owned or formerly owned by Seller) which may support a claim or cause of action against the Subject Property or any owner thereof, whether by a governmental agency or body, private party or individual, under the environmental laws of the State of Minnesota or any other Federal, State or local environmental statutes, regulations, ordinances or regulatory requirements. The foregoing representations exclude all matters described in the environmental reports and correspondence listed on Exhibit F attached hereto. (d) Seller knows of no actual or pending litigation or claim which might adversely affect the Subject Property or its owner, as owner. (e) Neither the entering into of this Agreement nor the consummation of the transaction contemplated hereby will constitute or result in a violation or breach by Seller of any judgment or decree issued against or imposed upon Seller, or of any agreement to which Seller is a party or which binds the Subject Property, and, to the best of Seller's knowledge, will not violate any applicable law or regulation of any governmental authority. Further, to the best of Seller's knowledge, there is no action, suit, proceeding or investigation pending which would become a cloud on the title to the Subject Property or any portion thereof, or which questions the validity or enforceability of the transaction contemplated by this Agreement or any action taken pursuant hereto, in any court or by any federal, district, county or municipal department, commission, board, bureau, agency or other governmental instrumentality. (f) Seller has no knowledge of any existing or alleged violation of • law, municipal ordinance or other legal requirements of governmental authorities in respect to the Subject Property. (g) To the best of Seller's knowledge, there are no underground storage tanks on the Subject Property and all underground tanks previously located on the Subject Property have been removed from the Subject Property in accordance with all applicable laws, ordinances and regulations and all required certificates of closure and completion have been issued. (h) Seller is neither a "foreign person" nor a "foreign corporation" (as those terms are defined in Section 1445 of the Internal Revenue Code of 1986, as amended). (i) To the best of Seller's knowledge, there are no wells or private sewage disposal or septic systems on the Subject Property. (j) Neither Seller nor any of its agents or affiliates has appealed any real estate tax or assessment payable in respect to the Subject Property and has made no commitments or agreements with any taxing authorities in respect thereto relating to assessments payable for any year subsequent to 2006. (k) To the best of Seller's knowledge, no environmental reports have been made or prepared in connection with the Subject Property or adjacent properties owned or previously owned by Seller or its affiliates, nor does any environmental correspondence exist with any governmental agencies in respect to the Subject Property except those certain reports and correspondence listed on Exhibit F attached hereto, true and correct copies of which Seller has delivered to Purchaser. (1) To the best of Seller's knowledge, there are no tenants, persons or entities occupying any portion of the Subject Property and no claim exists against any portion of the Subject Property by reason of adverse possession or prescription. (m) Seller has not: (i) made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by Seller's creditors, (iii) suffered the appointment of a receiver to take possession of all, or substantially all, of Seller's assets, (iv) suffered the attachment or other judicial seizure of all, or substantially all, of Seller's assets, (v) admitted in writing its inability to pay its debts as they become due, or (vi) made an offer of settlement, extension or compensation to its creditors generally; and no attachments, assignments for the benefit of creditors, or insolvency, bankruptcy, reorganization, execution or other proceedings are pending or, to the best of Seller's knowledge, threatened against • • Seller or the Subject Property, nor are any such proceedings contemplated by • Seller. (n) No work has been performed or is in progress at, and no materials have been furnished to, the Subject Property or any portion thereof by or on behalf of Seller which could give rise to any mechanic's, materialman's or other liens and no such liens are outstanding. (o) Seller has received no notice of condemnation of any portion of the Subject Property from any governmental authority. (p) To the best of Seller's knowledge, there are no deferred development fees or deferred park dedication fees applicable to the Land which Seller has requested to be deferred or which arise out of improvements which have . been authorized by the City of Lino Lakes as of the date hereof. (q) To the best of Seller's knowledge, no obligations exist under any development agreements in respect to the Subject Property. (r) The consummation of the transactions contemplated by this Agreement will not violate any provisions of or constitute a default or result in the breach of any term or provision of any contract or written agreement to which Seller is a party so as to adversely affect the consummation of such transactions. (s) To the best of Seller's knowledge, the Subject Property has never been used as a dump or landfill except as disclosed in the documents listed on Exhibit F. (t) The Land is three separate parcels for taxing and conveyancing purposes and approved as such by the City of Lino Lakes and Anoka County. (u) There are no existing leases on the Subject Property. In the event any of the representations and warranties contained herein become untrue on or before the Date of Closing (hereinafter defined) as a result of information received by Seller or occurrences subsequent to the date hereof or otherwise, Seller shall promptly notify Purchaser. Seller will indemnify Purchaser, its successors and assigns, against and will hold Purchaser, its successors and assigns, harmless from, any loss, claim, damage or expense, including reasonable attorneys' fees, that Purchaser incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after the Date of Closing. Notwithstanding the foregoing, Seller shall not be liable to Purchaser for any damages in the event Purchaser terminates this Agreement prior to Closing by reason of any of the representations and warranties made herein which are true as of the date hereof but become untrue after the date of this Agreement for reasons beyond the control of Seller. 3. Representation of Purchaser. Purchaser warrants and represents as of the date hereof as follows: (a) Purchaser has full right and authority to execute and deliver this Agreement and all documents and instruments required hereunder to be executed and delivered by Purchaser. (b) The consummation of the transactions contemplated by this Agreement will not violate any provisions of the organizational documents of Purchaser, or constitute a default or result in the breach of any term or provision of any contract or written agreement to which Purchaser is a party so as to adversely affect the consummation of such transactions. (c) Purchaser has not: (i) made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by Purchaser's creditors, (iii) suffered the appointment of a receiver to take possession of all, or substantially all, of Purchaser's assets, (iv) suffered the attachment or other judicial seizure of all, or substantially all, of Purchaser's assets, (v) admitted in writing its inability to pay its debts as they become due, or (vi) made an offer of settlement, extension or compensation to its creditors generally; and no attachments, assignments for the benefit of creditors, or insolvency, bankruptcy, reorganization, execution or other proceedings are pending, or, to the best of Purchaser's knowledge, threatened against Purchaser, nor are any such proceedings contemplated by Purchaser. In the event any of the representations and warranties contained herein become untrue as of or before the Date of Closing as a result of information received by Purchaser or occurrences subsequent to the date hereof or otherwise, Purchaser shall promptly notify Seller. Purchaser will indemnify Seller, its successors and assigns, against and will hold Seller, its successors and assigns, harmless from, any loss, claim, damage or expense, including reasonable attorneys' fees, • • • • that Seller incurs because of the breach of any of the above representations and warranties, • whether such breach is discovered before or after the Date of Closing. 4. Purchase Price. Purchaser shall pay to Seller, in consideration for the purchase of the Subject Property, the sum of Six and 35/100 Dollars ($6.35) multiplied by the number of "gross" square feet of usable property in the Land exclusive of the square foot area of the existing ponding area in southeast comer for Lake Drive storm drainage. Such "gross" area shall be as determined by survey to be prepared as required in Paragraph 5 herein. The purchase price shall be paid as follows: Ten Thousand and 00 /100 Dollars ($10,000.00) upon execution of this Agreement (hereinafter called "Earnest Money Deposit ") with Seller by Purchaser, and shall be held by Old Republic National Title Insurance Company ( "Title Company ") without interest. The balance of said purchase price and the Earnest Money Deposit, plus or minus (as the case may be) an amount which equals the cumulative result of all cash adjustments and proration required by this Agreement, shall be payable to Seller on the Date of Closing by means of a wire transfer to be received on the Date of Closing in Seller's designated bank account. All of the Earnest Money Deposit will be credited to the purchase price. 5. Evidence of Title /Survey/Environmental Report. Not later than the date ten (10) days after the date of this Agreement, Seller shall furnish to Purchaser at Seller's cost, except as hereafter provided a current commitment for an Owner's ALTA Form B 1992 policy of title insurance (including a special assessment) as to the Subject Property (including any appurtenant easements) issued by Title Company covering the Land and any appurtenant easements provided for herein with endorsements, if available, (a) deleting the creditor's remedies exclusion, (b) deleting the co- insurance provisions for new construction, and (c) deleting the arbitration requirement, and in an amount equal to the purchase price for the Subject Property, in which - 7 - - 4 0 - Title Company also indicates its requirements to provide extended coverage over the standard exceptions for survey, parties in possession, and mechanics' liens and a zoning endorsement (Form 3.0), and indicating that use under zoning regulations for purposes contemplated by Purchaser is permitted with associated parking, an access endorsement insuring access from all adjacent roadways, a "gap" endorsement, an ALTA Owner's Comprehensive endorsement, an endorsement insuring against all levied and pending special assessments against the Subject Property, a so- called "Sears" endorsement in the form attached hereto as Exhibit C and made a part hereof, and a subdivision endorsement insuring that the Subject Property is a separate parcel of real estate. Such commitment shall also include copies of all recorded documents referred to in the commitment. Purchaser shall be allowed until the date thirty (30) days after receipt of both the commitment and the survey described below for examination of title and survey and the making of any objections thereto, said objections to be made in writing or deemed waived. For purposes of this Agreement, Permitted Encumbrances shall not be title objections. If any objections are so made, Seller shall be allowed thirty (30)._ days after the notice of objection to make such title marketable, and Seller shall use commercially reasonable effort to do so. Seller shall pay off and satisfy of record any monetary and mechanic's liens and mortgages against the Subject Property at Closing. If title and survey objections are not cured and title is not made marketable all on or before the end of the thirty (30) day period above described, Purchaser shall by notice to Seller either: (a) Declare this Agreement null and void, and, in such event, Purchaser shall be entitled to a refund of all of the initial Earnest Money Deposit; or • • • • • • (b) Waive any defects in title, and, in such event, proceed to close the transaction contemplated by this Agreement, subject to the terms, covenants and conditions herein. If such objections are cured or waived and the title to the Subject Property is marketable or is made marketable as above provided, and Purchaser defaults in any of the agreements on its part to be performed under this Agreement, and continues in default for a period of thirty (30) days after written notice thereof is given to Purchaser by Seller, then Seller shall have the remedies described in Paragraph 13 hereof. At Closing, Seller shall cause the commitment to be endorsed to update the effective date through the date of recording, to delete the standard exceptions, and to show Purchaser as fee owner of the Subject Property. Further, Seller shall secure (at Seller's sole cost and expense) and deliver to Purchaser on or before the date thirty (30) days after the date of this Agreement a current survey of the Subject Property (herein called the "Survey ") prepared by a surveyor licensed in the State of Minnesota and reasonably selected by Seller, certified to Seller, Purchaser and Title Company and Purchaser's lender, if any, in a manner satisfactory to Purchaser, by such surveyor as being true, accurate and having been prepared in accordance with the current minimum detail for an Urban Land Title Survey jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping, and setting forth: (i) the legal description of the Subject Property; (ii) the location of all improvements thereon; (iii) all boundaries, courses and dimensions of the Land, and the dimensions of said improvements; (iv) all easements, building lines, curb cuts, parking, loading areas, sewage, water, electricity, gas and other utility facilities (together with the recording information concerning the documents creating any easements and building lines); (v) roads and means of ingress and egress to and from the Subject Property to all public roadways; (vi) the gross and "net" square footage of the Subject Property; and (vii) such Table A requirements as Purchaser deems necessary and/or appropriate. The Survey shall reveal any encroachments onto the Subject Property from any adjacent property, any encroachments by or from the Subject Property onto any adjacent property, and any violation by any of the improvements on the Subject Property of any building line or easement or restriction affecting the Subject Property. The Survey shall also certify whether or not the Subject Property is in an area identified by an agency or department of the Federal, State or local government as having special flood or mudslide hazards whether or not such identification would require flood insurance under any flood insurance laws and shall state whether the Subject Property includes any area identified or designated by Federal, State or local government as a wetland. Such survey shall be delivered in the form of paper copies and on computer disk form in Auto CADD (latest. format). 6. Delivery of Possession. Physical possession of the Subject Property shall be delivered to Purchaser on the Date of Closing. Seller shall remove all personal property and moveable trade fixtures and equipment including but not limited to the property equipment listed on Exhibit G attached hereto and any debris and rubbish from the Subject Property prior to the date of Closing. 7. Closing. The Closing of this transaction shall take place at the office of Purchaser's counsel or other mutually acceptable location in Minneapolis, Minnesota on a date selected by Purchaser (by at least seven (7) days prior written notice by Purchaser to Seller) which date shall be on or before the earlier of (a) December 1, 2007, provided satisfaction or waiver of all of the conditions to Closing set forth in Paragraph 10 hereof have occurred, or (b) the date thirty (30) business days after Purchaser notifies Seller that all contingencies to Closing set forth in Paragraph 10 (except contingencies expiring at Closing) have been satisfied or • • • • • • waived by Purchaser (herein called the "Date of Closing "). Notwithstanding the foregoing, if the conditions herein have not been satisfied, Purchaser may (at its option) extend the said latest Closing Date and all of the condition periods and dates set forth in Paragraph 10 hereof by one (1) period of one (1) month by giving written notice of such election to Seller and for such additional time as may be agreed between Seller and Purchaser. Seller's consent to such extension shall not unreasonably be withheld. Notice for such extension will be sent to Seller prior to the then applicable latest Closing Date. 8. Documents to be Delivered at Closing. At Closing, Seller shall deliver to Purchaser: (i) Warranty Deed conveying to Purchaser fee title to the Subject Property, subject only to Permitted Encumbrances and such Deed shall contain a representation by Seller that Seller does not know of any wells on the Subject Property; (ii) "FIRPTA" affidavit in the form of Exhibit D attached hereto and made a part hereof; (iii) Seller's Affidavit in the form of Exhibit E attached hereto and made a part hereof, and such affidavits or security as may be required by Title Company to delete those standard exceptions to the title commitment relating to rights of parties in possession and mechanic's liens; (iv) Intentionally Deleted. (v) Such other documents and instruments as may reasonably be required to carry out the terms of this Agreement. (vi) Intentionally Deleted. (vii) Such payments, indemnities, deposits, or security as the Title Company may require to insure over (in form and substance acceptable to Purchaser) all levied and pending special assessments as of Closing including, but not limited to, those arising out of any subdivision of the Subject Property and the Land and improvements constructed in connection therewith, all except special assessments, if any, which are, pursuant to the terms herein, to be specifically assumed by or paid by Purchaser. A Taxpayer Identification Number Certificate as required by Title Company. Such documents evidencing the legal status, good standing and authority of Seller that may be required by Title Company for issuance of the Title Policy. Seller shall also deliver to Purchaser at Closing a confirmation of all representations and warranties herein as of the Date of Closing. Seller shall have no liability for failure to reconfirm warranties if Seller, in good faith, believes such warranties not to be true as of the Date of Closing and provide to Purchaser all information as to why such warranties are not true; provided, however, nothing shall release Seller from liability for representations or warranties made herein prior to the Date of Closing. Purchaser shall deliver to Seller the following instruments and documents: (a) The payments to be paid herein by Purchaser. (b) Such other documents and instruments as may reasonably be required to carry out the terms of this Agreement. At Closing, Seller and Purchaser shall jointly deliver a closing statement to each other, and Purchaser shall provide the certificate of real estate value, if any is required in connection with the filing of said Warranty Deed. 9. Matters to Take Place Prior to Closing. Prior to the Date of Closing, the following shall take place: (a) Purchaser shall have the right to survey, inspect and to take soil borings or tests for Regulated Substances at Purchaser's sole risk, cost and expense in order to determine the characteristics of the Subject Property. Purchaser shall pay all costs of such survey, inspection, soil borings and tests. Subject to the above, Purchaser may enter upon the Subject Property prior to the Date of Closing for purposes of examination, survey, and inspection and taking • • • • • of soil borings or tests. Purchaser hereby agrees to defend, indemnify and save Seller harmless from all liability and expense (including reasonable attorney's fees) in connection with all claims, suits, actions of every name, kind and description brought against Seller, its agents or employees by any person or entity as a result of or on account of actual or alleged injuries or damages to persons, or property received or sustained or alleged to have been received or sustained as a result of the acts or omissions of Purchaser, its agents or employees in exercising its rights under the right of entry granted herein unless and except to the extent the same arise out of the negligence or wrongful act of Seller, its agents, employees and contractors. (b) As a condition for the benefit of Purchaser, Purchaser shall reach agreement with City and other agencies and other persons or entities having jurisdiction or control rights over the Subject Property on terms and conditions acceptable to Purchaser relating to the construction of private and public improvements necessary for the construction and operation of improvements having a configuration and design acceptable to Purchaser (hereinafter called the "Proposed Facility "). (c) As a condition for the benefit of Purchaser, Purchaser shall obtain all approvals and permits from governmental authorities having jurisdiction over the Subject Property and/or the Proposed Facility deemed necessary by Purchaser to permit the development, construction, use and operation of the Proposed Facility in the manner contemplated by Purchaser, which approvals shall be obtained at Purchaser's expense. Seller shall cooperate with Purchaser in obtaining such approvals, but shall not be obligated to assume any cost or liability in connection with the same, except as otherwise provided herein. (d) Purchaser shall have received confirmation acceptable to it that the Subject Property is served by adequate utilities to service the Proposed Facility and other full build out of the Subject Property and that the Proposed Facility (with appropriate parking areas and setbacks) is a permitted use in the zoning classification pertaining to the Land or that a conditional use permit has been issued in form satisfactory to Purchaser. (e) All necessary approvals and permits, if any, for subdivision or replatting of the Land either alone or together with property adjacent to the Subject Property shall have been issued in a form acceptable to Purchaser and any rezoning approvals deemed necessary by Purchaser shall have been issued and Purchaser shall have entered into a development agreement if required by governmental authorities, acceptable to Purchaser with the City of Lino Lakes. (f) Purchaser shall have negotiated and executed a binding purchase • agreement (with all contingencies, which Purchaser deems necessary, having been satisfied) as to land adjacent to the Land on terms and conditions acceptable to Purchaser. Seller shall take all reasonable and appropriate effort to reasonably cooperate with Purchaser to satisfy the conditions above. 10. Condition Allowing Termination by Purchaser. If any of the following conditions (which shall be for Purchaser's benefit and may be waived by Purchaser) occur: (a) Purchaser in its sole discretion disapproves, on or before the date ninety (90) days after the date of this Agreement, the condition of the soil, title, survey or environmental issues relating to the Subject Property or its potential found or determined to exist, as deemed appropriate by Purchaser, in respect to the Subject Property whether found during its due diligence effort or otherwise; or Purchaser determines that utilities, including electricity, storm sewer, sanitary sewer, gas and water utilities do not exist or are insufficient in capacity to serve the Proposed Facility and other full build -out of the Subject Property under current zoning relating to the Subject Property; or (b) Purchaser, in its sole discretion, cannot reach agreement with City of other agencies or persons or entities on or before the date ninety (90) days after the date of this Agreement, on the terms and conditions relating to the construction referred to in Paragraph 9(b); or (c) Purchaser fails to obtain all those approvals and confirmations and permits or fails to enter into the agreements described in Subparagraphs 9(c), 9(d) and 9(e) hereof on or before the date ninety (90) days after the date of this Agreement; or (d) Seller fails to reconfirm all representations and warranties made by Seller and contained herein as of the Date of Closing, or any of those representations or warranties are found to be untrue on or before the Date of Closing; or (e) Seller is in default under its covenants and agreements herein and Seller continues in default for a period of five (5) days after written notice of such default from Purchaser to Seller; or (f) Purchaser is unable on or before the date ninety (90) days after the date of this Agreement, to obtain an executed purchase agreement for land adjacent to the Land on terms and conditions acceptable to Purchaser and with all contingencies satisfied.; • • • • then, and in any such event, Purchaser shall have the right to terminate this Agreement by written notice to Seller given on or before the date ten (10) days after the end of the applicable contingency period (as it may have been extended), and on such termination all payments received by Seller pursuant to this Agreement together with accrued interest shall be paid by Seller to Purchaser; provided, however, if termination occurs after such date, all of the initial Earnest Money Deposit shall be retained by Seller (subject to the provisions of Paragraphs 5, 13, and 24 hereof). 11. Brokerage Fees. Purchaser and Seller each represent and warrant to the other that they have not incurred any obligation or liability, contingent or otherwise, for brokerage or finder's fee or agent's commissions or other like payment in connection with this Agreement or the transaction contemplated hereby, and Purchaser and Seller each agree to indemnify, defend and hold the other harmless against and in respect of any such obligation and liability based in any way upon any other agreements, arrangements or understandings made or claimed to have been made by the indemnifying party with any third person. 12. Costs. The costs to be incurred in closing the transaction contemplated by this Agreement shall be allocated to Seller and Purchaser in the event of Closing in the following manner: (a) Seller shall pay for any transfer, excise or deed tax to be incurred in connection with the conveyance or in recording the Warranty Deed to be delivered by Seller on the Date of Closing. (b) Purchaser shall pay for the recording fees incurred in recording the Warranty Deed to be delivered by Seller to Purchaser on the Date of Closing. (c) Seller shall pay all real estate taxes (including installments [including interest accrued as of Closing] of special assessments certified for payment therewith) payable in respect to the Subject Property in the calendar year prior to the calendar year in which Closing occurs and prior years. Further, all levied and pending special assessments as of Closing (except those certified to taxes payable in the year of Closing) and all charges (deferred or otherwise) in respect to the Subject Property and all special improvement district or taxing district levies and charges (however characterized) arising out of public improvements authorized or installed as of Closing shall be paid in full by Seller at Closing. Real estate taxes (other than special assessments) certified to taxes payable in the year of Closing in respect to the Subject Property due and payable in the calendar year in which Closing occurs shall be prorated between Seller and Purchaser, with Purchaser paying that percentage equal to the number of days in such year subsequent to the Tax Date divided by 365 and Seller paying the balance. For purposes of this subparagraph (c), the Tax Date shall be deemed to be the Date of Closing. If on the Date of Closing the current year's taxes are not available, the proration and allocation for such tax parcels shall be based on the previous year's payment and an adjustment shall be made in cash on the date ten (10) days after the date when the current year's taxes are known. (d) Seller shall pay for the State Deed Tax and the cost of furnishing a title commitment to Purchaser in the manner required by the provisions of Paragraph 5 hereof, and Purchaser shall pay for the cost of any policy and all endorsements (except affidavits referred to in Paragraph 8(iii)) issued in 'connection therewith. (e) (Intentionally Deleted) (f) Seller and Purchaser shall each pay one -half (1/2) of any closing fee required by Title Company to close the transaction contemplated by this Agreement. (g) Seller and Purchaser shall each pay all of the costs and fees charged by their respective legal counsel. (h) Except for those items to be prorated as hereinafter set forth and obligations specifically assumed by Purchaser, Seller shall be solely liable for the payment of all costs and expenses, liabilities, obligations and claims arising out of the ownership, management, maintenance or operation of the Subject Property accruing prior to the Date of Closing; and Seller hereby agrees to defend, indemnify and hold Purchaser forever harmless therefrom. (i) Seller shall pay any deferred charges or taxes in respect to the Land as of Closing. Further, Seller shall pay all levied, pending or deferred charges or assessments arising out of public improvements authorized or installed prior to Closing by the City of Lino Lakes. • • • • • (j) Purchaser shall pay any trunk sewer and water charges, if any, payable in respect to the Land in connection with Purchaser's development of the Subject Property or otherwise. 13. Remedies. In the event Seller shall default in the performance of any of its obligations hereunder prior to Closing and continues in default for a period of ten (10) days after written notice of such default from Purchaser to Seller, Purchaser shall have the right to terminate this Agreement, in which event Seller shall return to Purchaser the entire Earnest Money Deposit and all payments theretofore made to or for the benefit of Seller. Notwithstanding anything contained in this Agreement to the contrary, such right and remedy of Purchaser shall not deprive Purchaser of the right of commencing legal proceedings for damages. Such damages for pre - closing breach of this Agreement shall not exceed the sum of (a) the amount of the Earnest Money Deposit and (b) all costs of "due diligence" and development expenses incurred by Purchaser in connection with its Proposed Facility, which sum shall in no event exceed $60,000.00. Purchaser shall also have the option of enforcing specific performance of this Agreement, provided this Agreement has not been terminated as aforesaid and provided action to enforce such specific performance is commenced within six (6) months after any such right of action arises. In the event Purchaser shall default in the performance of any of its obligations under this Agreement prior to Closing, Seller shall have the right (after written notice of default from Seller and failure of Purchaser to cure the default or commence to cure the default within thirty (30) days after such notice) to terminate this Agreement, in which event Seller shall be entitled to the Earnest Money Deposit and all prior payments hereunder to Seller, as liquidated damages and not as a penalty. Purchaser agrees that, in the event of a default by Purchaser hereunder, Seller's damages would be difficult or impossible to determine and that an amount equal to the Earnest Money Deposit and such other payments by Purchaser to Seller is a fair estimate thereof. Notwithstanding anything herein to the contrary, such right and remedy of Seller shall be Seller's sole remedy in the event of a pre - closing default by Purchaser hereunder. Purchaser shall not be liable for damages or for specific performance. 14. Notice. Any notice, demand, request, or other communication which may or shall be given or served by Seller to or on Purchaser, or by Purchaser to or on Seller, shall be deemed to have been given or served on the date the same is deposited in the United States mail, registered or certified, postage prepaid., and addressed as follows: (a) If to Seller: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Attn: Mary Alice Divine (b) If to Purchaser: Greg Anderson Development, LLC 3555 Louisiana Avenue South St. Louis Park, MN 55426 Attn: Greg Anderson with acopy to: James L. Tucker, Esq. Gray, Plant, Mooty, Mooty & Bennett, P.A. 500 IDS Center 80 South Eighth Street Minneapolis, MN 5 5402 -3 796 (c) If to Title Company: Old Republic National Title Insurance Co. 400 Second Avenue South Minneapolis, MN 55401 Attn: Rick Zilka Any party hereto may, by proper notice to the other parties hereto, designate such other address for the giving of notices as deemed necessary. All notices shall be deemed given on the day each • • • • • • such notice is personally delivered or delivered by overnight courier service, or on the day such notice is mailed, if mailed in accordance with this section. 15. Continued Enforceability of Provisions. Any covenants contained herein that are not completed or satisfied prior to the Date of Closing shall continue in full force and effect in accordance with their terms subsequent to the Date of Closing and shall not merge in the Closing documents. All representations and warranties shall survive Closing and shall not merge in the Closing documents. Any conditions to Closing shall be deemed waived at Closing unless otherwise agreed in writing contemporaneous with Closing. 16. Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties and no other agreements prior to this Agreement or contemporaneous herewith (except written contemporaneous agreements) shall be effective except as expressly set forth or incorporated herein. Neither Seller nor Purchaser shall be bound by, or be liable for, any other warranties or other representations made by any person, partnership, corporation or other entity unless such other warranties or representations are set forth in a written instrument duly executed by such respective party subsequent to the date hereof. Purchaser acknowledges to Seller that, in entering into this Agreement, Purchaser is not relying on any representations or warranties except those expressly set forth herein or in other Closing documents. Any purported amendment hereto shall not be effective unless it shall be set forth in writing and executed by the parties hereto, or their respective successors or assigns. 17. Binding Effect; Assignment; Waiver. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns; provided, however, neither Purchaser nor Seller shall be released from its liability hereunder and the applicable assignee shall expressly assume in writing the obligations of its assignor thereunder in a form reasonably acceptable to the other party. Notwithstanding the foregoing, Purchaser may assign this Agreement prior to or contemporaneous with Closing or designate any third party to take title at Closing; provided, however, no such assignment or designation shall release Purchaser from liability hereunder. No waiver of any provision of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. Purchaser may designate a nominee to take title to the Subject Property and to receive all assignments and transfers to be provided by Seller to Purchaser herein. 18. Rules of Interpretation. (a) This Agreement shall be interpreted and governed by the laws of the State of Minnesota. (b) The headings of paragraphs and sections contained herein are for convenience only and in no way define, limit or describe the scope or intent of this Agreement. (c) Time shall be of the essence of this contract. (d) Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 19. Exhibits. The following exhibits are attached hereto and made a part hereof: Exhibit A: Legal Description Exhibit B: Permitted Encumbrances Exhibit C: Form of "Sears" Endorsement Exhibit D: FIRPTA Affidavit Exhibit E: Seller's Affidavit • • • • • Exhibit F: List of Environmental Reports and Correspondence Exhibit G: Personal Property and Equipment to be removed by Seller prior to Closing Exhibit H: Development Plan 20. Seller's Restrictions. From and after the date hereof, and except as herein expressly provided, Seller shall not directly or indirectly: (i) make any alterations or changes in or about the Subject Property; (ii) create or incur or permit to exist any mortgage, lien, pledge or other encumbrance not presently in existence in any way affecting the Subject Property or any refinancing thereof or replacement, extension or renewal thereof other than liens, pledges, or encumbrances which do not prevent or interfere with Purchaser's rights herein, and other than the lien of unpaid real estate taxes; (iii) commit any waste or nuisance on the Subject Property; (iv) convey any interest in the Subject Property; or (v) advertise or take affirmative steps to market or sell or negotiate or carry on discussions for the sale of the Subject Property to any third party. 21. (Intentionally Deleted) 22. Relationship. Nothing contained in this Agreement shall constitute or be construed to be or create a partnership, joint venture or any other relationship between Seller and Purchaser other than the relationship of a buyer and seller of real or personal property as set forth in this Agreement. 23. Exhibits/Modifications. All exhibits attached hereto contain additional terms of this Agreement. Typewritten or handwritten provisions inserted in this form or attached hereto shall control all printed provisions in conflict therewith. 24. Condemnation or Eminent Domain. In the event of any condemnation or eminent domain proceedings for any public or quasi -public purposes at any time prior to Closing resulting in the taking or proposed taking of any part or all of the Subject Property, Purchaser shall have the option (i) to cancel this Agreement, in which event the Earnest Money Deposit shall be promptly refunded to Purchaser, and upon such delivery, this Agreement shall be of no further force or effect, or (ii) to close the transaction contemplated by this Agreement, in which event the purchase price shall not be abated, provided, however, Seller shall assign to Purchaser and Purchaser shall be entitled to the entire award payable in respect to such taking. 25. Captions and Paragraph Headings. The captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Agreement, nor the intent of any provisions hereof. 26. Attorneys' Fees. If either Seller or Purchaser files any action or brings any proceeding against the other arising out of this Agreement, or is made a party to any action or proceeding brought by a third party arising out of this Agreement without fault of the defending party, then as between Seller and Purchaser, the prevailing party in any such action or proceeding shall be entitled to recover, as an element of its costs of suit and not as damages, reasonable attorneys' fees to be fixed by the court. 27. Delivery of Tnformation. Seller hereby agrees on execution of this Agreement to deliver to Purchaser copies of all information under its control relating to the Subject Property including but not limited to geotechnical reports, environmental reports, wetland reports, drawings and specifications, surveys, development records, appraisals, warranties, operating statements, and other information related to the Subject Property in Seller's possession or control • • • • • • or otherwise available to Seller. At Purchaser's request Seller will cause such reports and surveys to be certified to Purchaser or reliance letter to be provided to Seller in form reasonably acceptable to Purchaser, all at no cost to Purchaser. 28. Authority. The parties executing this agreement on behalf of Purchaser and Seller, respectively, represent and warrant that they have secured all required approvals and consents to execute this Agreement so that upon execution it is the valid and binding agreement of Purchaser and Seller, respectively. 29. Condition. This Agreement shall be void if not executed by Seller and delivered to Purchaser on or before July 3rd, 2007. 30. Credits. Purchaser shall be entitled to all utility or service credits (including but not limited to SAC and WAC credits for pre - existing structures). 31. Matters Relating to Seller's Development Obligations. Seller represents and warrants that all storm sewer, water, and sanitary sewer and all roadways, curb and gutter required by the City in connection with all existing development agreements applicable to the Subject Property ( "Development Agreements ") have been completed and are fully paid for. Seller agrees to comply with and pay for all requirements of the Development Agreements as to improvements or services required therein outside the boundaries of the Subject Property. Except as otherwise expressly provided, Purchaser shall assume the requirements of the Development Agreements as to on -site improvements serving only the Subject Property. Seller shall deliver to Purchaser at Closing a certificate from the City confirming that there are no requirements under the Development Agreements which would be binding upon the Subject Property or its owners after Closing which have not been completed. Further, if any failure to complete work or improvements which are Seller's responsibility herein prevents issuance of any permits or approvals necessary for construction or occupancy of the Subject Property and improvements to be located therein, Seller will provide Purchaser and the City or other applicable governmental authority with security reasonably acceptable to Purchaser and the City or other applicable governmental authority to secure compliance with such requirements. 32. Signs. Upon execution of this Agreement, Seller shall cause all signs on the property to be removed and Purchaser shall have the exclusive right until Closing or the earlier termination of this Agreement to place a marketing sign on the Land, all in accordance with applicable laws and ordinances. 33. Termination of Agreement. In the event of termination of this Agreement without Closing, Seller may, at Seller's option, if exercised in writing within ten (10) days of the date of termination, purchase from Purchaser and, in the event of such exercise, Purchaser shall convey to Seller all of Seller's rights in and to all consultant's reports and surveys and other due diligence material which Purchaser has caused to be prepared in connection with the transaction contemplated hereby (including, but not limited to, surveys and geotechnical, and environmental reports) and Seller shall pay upon deliver of such items Purchaser's actual out -of- pocket cost thereof. Transfer and payment shall occur within thirty (30) days after termination of this Agreement. 34. Anti- Terrorism Representation. a. Seller represents and warrants to Purchaser as follows: 1. Seller is not in violation of any laws relating to terrorism or money laundering ( "Anti- Terrorism Laws "), including Executive Order No. 13224 on Terrorist Financing, effective September 24, 2001 (the "Executive Order "), and • • • • • • the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107 -56. 2. The Seller or, to the knowledge of the Seller, none of its agents acting or benefiting in any capacity in connection with the transaction, is any of the following: (a) Person or entity that is listed in the annex to, or is otherwise subject to the provisions of, the Executive Order; (b) Person or entity owner or controlled by, or acting for or on behalf of, any Person or entity that is listed in the annex to, or is otherwise subject to the provisions of, the Executive Order; (c) Person or entity with which Seller is prohibited from dealing or otherwise engaging in any transaction by any Anti- Terrorism Law; (d) Person or entity that commits, threatens or conspires to commit or supports "terrorism" as defined in the Executive Order; or (e) Person or entity that is named as a "specially designated national and blocked person" on the most current list published by the U.S. Treasury Department Office of Foreign Asset Control at its official website or any replacement website or other replacement official publication of such list. 3. The Seller or, to the knowledge of Seller, any of its agents acting in any capacity in connection with the transaction does not (i) conduct any business or engage in making or receiving any contribution of funds, goods or services to or for the benefit of any Person described above, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to the Executive Order, or (iii) engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti- Terrorism Law. b. Purchaser represents and warrants to Seller as follows: 1. Purchaser is not in violation of any laws relating to terrorism or money laundering ( "Anti- Terrorism Laws "), including Executive Order No. 13224 on Terrorist Financing, effective September 24, 2001 (the "Executive Order "), and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107- 56. 2. The Purchaser or, to the knowledge of the Purchaser, none of its agents acting or benefiting in any capacity in connection with the transaction, is any of the following: (a) Person or entity that is listed in the annex to, or is otherwise subject to the provisions of, the Executive Order; (b) Person or entity owner or controlled by, or acting for or on behalf of, any Person or entity that is listed in the annex to, or is otherwise subject to the provisions of, the Executive Order; (c) Person or entity with which Purchaser is prohibited from dealing or otherwise engaging in any transaction by any Anti- Terrorism Law; (d) Person or entity that commits, threatens or conspires to commit or supports "terrorism" as defined in the Executive Order; or (e) Person or entity that is named as a "specially designated national and blocked person" on the most current list published by the U.S. Treasury Department Office of Foreign Asset Control at its official website or any replacement website or other replacement official publication of such list. 3. The Purchaser or, to the knowledge of Purchaser, any of its agents acting in any capacity in connection with the transaction does not (i) conduct any business or engage in making or receiving any contribution of funds, goods or services to or for the benefit of any Person described above, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to the Executive Order, or (iii) engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti- Terrorism Law. 35. Special Provisions Relating to Development. (a) When Purchaser constructs building improvements on the Subject Property, Purchaser shall construct such improvements in substantial conformance with the Development Plan (Exhibit I) unless otherwise consented to by Seller, which consent will not unreasonably be withheld. (b) At Closing the parties agree that the Subject Property will be conveyed subject to a restriction that the Subject Property will not be used for purposes of: • • • • (i) A stand -alone fast food restaurant with drive - through window; (ii) A gas station or auto repair or service facility. (iii) An abortion clinic IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year first above written. SELLER: PURCHASER: CITY OF LINO LAKES GREG ANDERSON DEVELOPMENT, LLC By: By: Its: Its: • EXHIBIT A Legal Description Lots 12, 13 and 14, Block 2, Carol's Estates Second Addition, Anoka County, Minnesota • • • • • EXHIBIT B 1. Building, zoning and subdivision ordinances, state and federal regulations. 2. Real estate taxes not yet due and payable. 3. Other encumbrances to title shown on the Commitment not objected to or waived by Purchaser. EXHIBIT C TITLE INSURANCE COMPANY ENDORSEMENT To be attached to and become a part of Policy No. of Title Insurance Company. The Company agrees that if (1) within one year after the completion of the improvements on the land or (2) within five years after the date of this policy, whichever first occurs, application is made to increase the face amount of the policy and/or to issue a new policy to the then insured under the policy, and/or to issue a policy to such mortgagee(s), trustee(s) under deed(s) of trust, beneficiary(ies) of deed(s) of trust, parties to sale and leaseback or other types of financial transactions (hereinafter severally and collectively, as indicated by the context, referred to as "Lending Institutions(s) ") as may be designated by the present Insured or the then Insured under the policy, it will issue additional title insurance coverage insuring the title as insured in the policy and raising the coverage limits herein to an amount not to exceed the value of the land and the improvements constructed thereon on the date of said application, provided the Company may then extend its examination of the title to the then current date and, subject to such matters, if any, created by the insured or any successor in interest from the insured first appearing in the public records subject to the effective date of this policy and not insured against in the policy, will increase its liability to the requested amount upon payment of its usual charges for such additional insurance coverage; and further provided, however, that the Company sha11 not be obligated to issue additional insurance coverage which would exceed the amount of the usual reinsurance retention of the Company if, after the exercise of its reasonable efforts, it is linable to obtain such reinsurance or co- insurance as may be required in order for it to issue the full amount of additional insurance for which application is made. The total liability of the Company under said policy and any endorsement thereto shall not exceed, in the aggregate, the face amount of this policy and costs which the Company is obligated under the Conditions and Stipulations thereof to pay. This endorsement, when signed by an authorized office or agent, is made a part of said policy as of the policy date thereof and is subject to the Schedules, Conditions and Stipulations and Exclusions from Coverage therein contained, except as modified by the provisions hereof Title Insurance Company By: Agent or Validating Officer • • • • EXHIBIT D • • NON - FOREIGN TRANSFEROR'S CERTIFICATION (Entity Transferor) Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest by [name of transferor], the undersigned hereby. certifies the following on behalf of [name of transferor]: 1. [Name of transferor] is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. [Name of transferor]'s U. S. employer identification number is 3. [Name of transferor]'s office address is ;and 4. [Name of transferor] is not a "disregarded entity" as defined in IRS Regulation 1.1445- 2(b)(iii). [Name of transferor] understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment or both. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of [name of transferor]. Date: , 20 Signature Title EXIiIBIT E SELLER'S AFFIDAVIT • • EXHIBIT F 1. None • • ENVIRONMENTAL REPORTS AND CORRESPONDENCE EXHIBIT G PERSONAL PROPERTY AND EQUIPMENT TO BE REMOVED BY SELLER PRIOR TO CLOSING 1. None • • • • • EffiBIT H DEVELOPMENT PLAN Conceptual Depiction of Redevelopment Project 11'c5 Drive • • • STAFF ORIGINATOR: AGENDA ITEM 6B Mary Alice Divine DATE: July 9, 2007 TOPIC: Consideration of Resolution No. 07 -100 Approving a Preliminary Development Agreement with Greg Anderson Development, LLC Vote Required: Simple Majority BACKGROUND: Anderson Builders has expressed interest in future redevelopment of properties on Lake Drive and has reached agreements with two properties on the west side of Lake Drive, south of 77th Street. One of the city's long term objectives has been realignment of 77th Street to provide a 4 -way signalized intersection at Market Place Drive. The first phase of the developers' project on the 3 -acre city owned land north of 77th Street can proceed without this realignment taking place. A number of activities need to occur before the developers' project moves into future phases and before it can be determined if the realignment project is feasible. The Preliminary Development Agreement before the council outlines activities that will need to occur, including a preliminary feasibility study of the realignment project, the submission by the developer of a conceptual site plan for the property, and a determination of the method and projected amount of the special assessment for the realignment project that can be allocated to the property or adjacent benefiting properties. Upon completion of these activities the city and developer will negotiate the terms of a Purchase Agreement for conveying the .property necessary for the realignment project; establish the purchase price for the right -of -way, not to exceed $12 per square foot, and cause the vacation of the existing 77th Street right -of -way. It is anticipated these actions can occur by the end of the year. RECOMMENDATION: Staff recommends the Approval of the Resolution No. 07 -100 approving a Preliminary Development Agreement with Greg Anderson Development, LLC ATTACHMENTS 1. Resolution No. 07 -100 2. Preliminary Development Agreement 3. Concept of Realignment Project 4. Site Concept Plan depicting Realignment • • • • Council Member introduced the following resolution and moved • • its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 07-100 APPROVING A PRELIMINARY DEVELOPMENT AGREEMENT WITH GREG ANDERSON DEVELOPMENT, LLC WHEREAS, the Developer currently controls certain property which is described in Exhibit A hereto (the "Property "); and WHEREAS, the City desires to initiate a Right -of -way realignment project conceptually depicted on Exhibit B hereto (the "Realignment Project ") and promote redevelopment of the Property; and WHEREAS, the Developer has proposed to transfer a portion of the Property needed for the Realignment Project and redevelop the Property for commercial /retail purposes as conceptually depicted as Exhibit C hereto (the "Redevelopment Project "); and WHEREAS, if undertaken and completed, the Realignment Project and Redevelopment Project together would help meet the City's goal of installing efficient and functional infrastructure, increasing the local commercial tax base, providing increased employment and services in the City and meeting the physical development goals of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City of Lino Lakes hereby approves the Preliminary Development Agreement with Greg Anderson Development, LLC. The Mayor and City Administrator are hereby authorized to execute on behalf of the City the Preliminary Development Agreement, and to carry out, on behalf of the City the mutual covenants and obligations set forth herein. Adopted by the Council of the City of Lino Lakes this 9th day of July, 2007. Julianne Bartell, City Clerk John Bergeson, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: • • • • Revised 06/18/07 DA Revised 6/27/07 DA/MD PRELIMINARY DEVELOPMENT AGREEMENT THIS AGREEMENT, dated as of this day of , 2007 (the "effective Date ") is entered into by and between the City of Lino Lakes (the "City "), a municipality under the laws of the State of Minnesota and Greg Anderson Development LLC, a Minnesota limited liability company (the "Developer "): WITNESSETH: WHEREAS, the Developer currently controls certain property which is described in Exhibit A hereto (the "Property "); and WHEREAS, the City desires to initiate a Right -of -way realignment project conceptually depicted on Exhibit B hereto (the "Realignment Project ") and promote redevelopment of the Property; and WHEREAS, the Developer has proposed to transfer a portion of the Property needed for the Realignment Project and redevelop the Property for commercial/retail purposes as conceptually depicted as Exhibit C hereto (the "Redevelopment Project "); and WHEREAS, if undertaken and completed, the Realignment Project and Redevelopment Project together would help meet the City's goal of installing efficient and functional infrastructure, increasing the local commercial tax base, providing increased employment and services in the city and meeting the physical development goals of the City. NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and obligations set forth herein, the parties agree as follows: A. Actions to be taken by City and Developer. The City and Developer will complete the following items within the time durations provided herein: (1) By September 15th, 2007, the City will complete a preliminary feasibility study of the Realignment Project. The study shall detail the area and dimensions of the Property necessary for the Realignment Project, and the total estimated cost of the Realignment Project inclusive of all design, engineering, right -of way acquisition, permitting, legal, administrative and construction costs associated with the Realignment Project; (2) By October 1st, 2007, the Developer shall submit a conceptual site plan for the Property, depicting the intended Redevelopment Project to be undertaken by the Developer, (3) By November 1A, 2007, City shall determine the method and projected amount of the Special Assessment for the Realignment Project to be allocated to the Property and adjacent properties to be assessed for the Realignment Project in accordance with Minnesota Statutes Chapter 429, as revised; Upon completion of the foregoing items, City and Developer will proceed as follows: (4) By November 1s`, 2007, the parties will negotiate in good faith the specific terms and conditions of a definitive Purchase Agreement (i) establishing the requirements for conveying the necessary portion of the Property to the City for the Realignment Project; (ii) establishing the purchase price for the right -of -way, which shall equal the amount of Developer's pro rata costs of acquiring the Property (including, but not limited to, purchase price, and costs of surveys, professional fees, testing, and other costs incurred to acquire the property) not to exceed $12.00 per square foot for such right -of -way purchased; (iii) causing the existing 77th Street right -of -way to be vacated or conveyed to Purchaser without cost to Purchaser. (5) By December 1st, 2007, the parties will negotiate in good faith the specific terms and conditions of a Special Assessment Agreement identifying the improvements and establishing the amount, terms and conditions of the assessment to be levied against the Property in the form of Exhibit D hereto. B. Costs and Expenses. Except as otherwise provided herein, each party is responsible for paying its own costs and expenses during the period of this Agreement. C. Obligations of the City. The City agrees that this is an exclusive Agreement and that it will not negotiate -or contract with - another.... party concerning the Realignment Project or Redevelopment Project related to the Property during the term of this Agreement. D. Property Information. The City agrees to provide the Developer copies of all reports, surveys, studies (including soils reports, environmental studies, and updated ALTA survey) and other information that is available to it or produced in conjunction of preparing the feasibility study for the Realignment Project contemplated under this agreement. E. Transfer or Assignment. The Developer shall not assign or transfer its rights under this Agreement in full or in part without the prior written consent of the City. Such assignment or transfer shall not be unreasonably withheld by City. F. Default and Termination of Agreement. (1) If the Developer defaults in the performance of one or more of its obligations under this Agreement ( "Developer Default "), the City may terminate this Agreement. The Developer shall have no further obligations to the City if the Agreement is terminated due to a Developer Default. 2 - 7 5 - • • • • (2) If the City defaults in the performance of one or more of its obligations under this Agreement ( "City Default "), the Developer may terminate this Agreement. The City shall have no further obligations to the Developer if the Agreement is terminated due to a City Default. (3) The Developer or the City may terminate this Agreement at any time at in their sole discretion if either determines that the Project is not feasible. (4) Notwithstanding any other provision of this Agreement to the contrary, this Agreement shall automatically terminate on December 31St, 2007 G. Notices. Notice or demand or other communication between or among the parties shall be sufficiently given if sent by mail, postage prepaid, retum receipt requested, faxed or delivered personally: As to the City: As to the Developer: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 -1182 Attn: Ms. Mary Divine Greg Anderson Development, LLC 3555 Louisiana Avenue South St. Louis Park, MN 55426 Fax #: (952) 927 -5444 Attn: Mr. David Anderson H. Document Ownership. All documents, studies, illustrations, surveys, analysis, certifications and correspondence prepared by the Developer for the Project ( "Developer Information ") shall remain the property of Developer at all times, and shall be strictly prohibited from use by any third parties for the development of the Property. If the Project is terminated by Developer, or developer does not proceed with the Project in its entirety, Developer Information prepared by the Developer may be purchased by the City or its assigns at actual cost. This provision shall survive termination of this agreement. No Final Agreement. This Agreement does not constitute a Purchase Agreement. The Developer has no legal rights in the Property by executing this Agreement. The City's obligations under this Agreement are limited to those set forth herein with no other implied obligations. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed as of the day and year first above written. (SIGNATURES APPEAR ON THE FOLLOWING PAGE) CITY OF LINO LAKES By: Its: GREG ANDERSON DEVELOPMENT, LLC By: Its: 4 - 7 7 - • • EXIIIBIT A Description of Property Lot 3, Auditors Subdivision 134, Anoka County, MN Lot 4, Auditors Subdivision 134, Anoka County, MN • • EXHIBIT C Conceptual Depiction of Redevelopment Project 7 - 8 0 - • • EXHIBIT D Form of Special Assessment Agreement AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of , 200_, between the City of Lino Lakes, Minnesota, a municipal corporation, (the "City ") and Greg Anderson Development, LLC, a Minnesota limited liability company (the "Owner "). A. The Owner holds legal and equitable title to property described as , Anoka County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The owner desires to develop the Property in a manner to require use of the Realigned 77th Street (hereafter referred to as the "Improvement "). C. The parties hereto desire to enter into an Agreement concerning the financing of the connection of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against in the amount of $ for the Improvements. 2. The City's assessment records for the Property will show the assessments as a "pending assessment" until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the connection of the Property to the Improvements exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. The assessments levied against the Property shall be due and payable in installments, the first of which shall be payable commencing with the ad valorem taxes due and payable in 200_. The assessment shall bear interest at the rate of % per annum in accordance with Minnesota Statutes Section 429.061. 6. This agreement shall be effective immediately. 7. This agreement is not subject to termination by the Owner and the Owner waives all right in law and/or equity to terminate this agreement. OWNER CITY OF LINO LAKES a Minnesota Municipal Corporation Greg Anderson Development, LLC By: Its: Mayor By: Its: City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 200_, by , the Mayor, and , the City Administrator , of the City of Lino Lakes, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 2005, by , the Chief Manager of Greg Anderson Development, LLC. Notary Public 9 _82_ • • AGENDA ITEM 6C STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: July 9, 2007 TOPIC: Public Hearing, West Shadow Lake Drive Street Improvement Project. VOTE REQUIRED: 3/5 Vote required to close the hearing BACKGROUND: In accordance with the City's Pavement Management Program, the City Council ordered and updated a feasibility study for the reconstruction of West Shadow Lake Drive including Shadow Court and Sandpiper Drive. In addition, this area is not currently serviced with City sanitary sewer or water, which were both included in the study. The street reconstruction portion of the project will be funded partially by assessments and partially by the General Tax Levy. Sanitary sewer and watermain will be funded through assessments and the Trunk Area and Unit Fund. A neighborhood meeting was held Thursday, June 28, 2007. The Feasibility Study was presented at the neighborhood meeting. The next step in the process is to close the Public Hearing. The City must allow 60 days to elapse following the Public Hearing before any further action can be taken on the proposed project as required by the City Charter. RECOMMENDATION: Staff recommends closing the Public Hearing. • • • AGENDA ITEM 6D STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: July 9, 2007 TOPIC: Public Hearing, Shenandoah Area Street Improvement Project. VOTE REQUIRED: 3/5 Vote required to close the hearing BACKGROUND: in accordance with the City's Pavement Management Program, the City Council ordered and updated a feasibility study for the reconstruction of the streets in the Shenandoah Area. In addition, this area is not currently serviced with City water, which was included in the study. The street reconstruction portion of the project will be funded partially by assessments and partially by the General Tax Levy. Watermain will be funded through assessments and the Trunk Unit and Area Fund. A neighborhood meeting was held Thursday, June 28, 2007. The Feasibility Study was presented at the neighborhood meeting. The next step in the process is to close the Public Hearing. The City must allow 60 days to elapse following the Public Hearing before any further action can be taken on the proposed project as required by the City Charter. RECOMMENDATION: Staff recommends closing the Public Hearing. • • • AGENDA ITEM 6E STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: July 9, 2007 TOPIC: Resolution No. 07 -94, Approving Joint Powers Agreement Circle Pines, Ash Street Area. VOTE REQUIRED: Simple Majority BACKGROUND: The Russian Baptist Church at 5 Ash Street has requested connection to Circle Pines watermain. The attached Joint Powers Agreement details the cross community water connection for the Russian Baptist Church and any other future connections in the Ash Street area. The Russian Baptist Church was originally designated to use a new private well system. However, through further analysis, they are requesting to connect to the City of Circle Pines water system. The attached Joint Powers Agreement also defines billing, maintenance, and metering responsibilities of both the City of Lino Lakes and the City of Circle Pines. Attached is a drawing detailing the City water connection and a copy of the Joint Powers Agreement. The City of Circle Pine has prepared the Joint Powers Agreement and will be bringing the Agreement to the City of Circle Pines Council for approval. RECOMMENDATION: Staff recommends approval of Resolution 07 -94, Circle Pines, Ash Street Area Joint Powers Agreement. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -94 RESOLUTION APPROVING THE CIRCLE PINES, ASH STREET AREA JOINT POWERS AGREEMENT WHEREAS, The City of Lino Lakes and the City of Circle Pines are interested in formalizing cross community water connections in the Ash Street Area. WHEREAS, Circle Pines owns and maintains watermain facilities adjacent to certain parcels located in Lino Lakes. These facilities have the capacity to provide water service to Lino Lakes customers on or near Ash Street. WHEREAS, it is desire of the parties, the City of Lino Lakes and the City of Circle Pines, through this agreement, to provide for water services to customers in the Ash Street area of Lino Lakes. WHEREAS, Minnesota Statues, Section 471.59, provides that two or more govemmental units, by agreement entered into through action of their goveming bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they exercise. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Joint Powers Agreement between the City of Circle Pines and the City of Lino Lakes formalizing cross community water connections in the Ash Street Area. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 9th day of July, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. - 8 6 - • JOINT POWERS AGREEMENT BETWEEN THE CITY OF CIRCLE PINES AND THE CITY OF LINO LAKES THIS AGREEMENT is made as of July , 2007 between the City of Circle Pines, Minnesota, a municipal corporation ( "Circle Pines") and the City of Lino Lakes, Minnesota, a municipal corporation ( "Lino Lakes "). RECITALS A. The cities are interested in formalizing cross community water connections along Ash Street. B. Circle Pines owns and maintains water main facilities adjacent to certain parcels located in Lino Lakes. These facilities have the capacity to provide water service to Lino Lakes customers on or near Ash Street. C. It is desire of the parties, the Cities of Lino Lakes and Circle Pines, through this agreement, to provide for water services to customers in the Ash Street area in Lino Lakes. D. Minnesota Statutes, Section 471.59, provides that two or more govemmental units, by agreement entered into through action of their goveming bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they exercised. AGREEMENT Based upon the foregoing recitals, Circle Pines and Lino Lakes agree as follows. 1. Circle Pines shall allow water for approved Lino Lakes residents on or near Ash Street to flow through water mains owned and maintained by Circle Pines. 2. Circle Pines shall maintain all municipal water mains constructed within Ash Street and any adjacent lands in Circle Pines. Lino Lakes shall maintain all water meters within Lino Lakes. 3. Lino Lakes shall read the water meters on a quarterly basis and shall provide Circle Pines with the most current water readings no later than five days following the months of March, June, September and December. Lino Lakes will pay Circle Pines for all water. Circle Pines will receive a monthly base charge of $5.00 plus its current rate of $1.27 per 1,000 gallons for all water flows, as well as periodic increases in the rate per 1,000 gallons. Lino Lakes will retain any water fees over and above those paid to Circle Pines. 4. City WAC fees shall apply for the City providing service. 5. Circle Pines and Lino Lakes agree to indemnify, defend, and hold harmless the other from any claims, causes of action, damages, loss, cost or expenses, including reasonable attomey's fees, resulting from or relating to the actions of each City, its officers, agents or employees in the execution of the duties outlined in this agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself or each other, any amount in excess of the limits of liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability of each City may not be added together to determine the maximum amount of liability for each City. 6. This agreement shall become effective upon its execution by Circle Pines and Lino Lakes. 7. This agreement is effective only for the Ash Street area. 8. This agreement may not be amended unless agreed to in writing by both Circle Pines and Lino Lakes. 9. This agreement shall terminate upon the mutual agreement in writing by Circle Pines and Lino Lakes. IN WITNESS WHEREOF the parties have executed this Agreement as of the day above first written. CITY OF CIRCLE PINES By: Dave Bartholomay, Mayor ATTEST: By: James W. Keinath, City Administrator CITY OF LINO LAKES By: John Bergeson, Mayor ATTEST: By: Gordon Heitke, City Administrator • • • • sr- 5 RUSSIAN BAPTIST CHURCH WATERMAIN INSTALLATION CIRCLE PINES, Jima - 8 9 - al 0 t4 Minn inn l i t t .Pi k £0o'4p €e € ., R ; -I n P 0s isrISIGO5 REP2119 !moor • AGENDA ITEM 6r • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND Michael Grochala July 9, 2007 Consideration of Resolution No. 07 -102 Approving Joint Powers Agreement with Anoka County for the Improvements of the CSAH 49 Bridge Simple Majority Anoka County in cooperation with Lino Lakes is nearing completion of the bridge reconstruction over Rice Creek on CSAH 49 (Hodgson Road). As part of the construction project it was necessary to relocate the City's existing 16 inch trunk water main to construct the bridge. The total estimated construction cost of the project (excluding engineering and right -of- way acquisition) is $1,414,769.65. The City's total share of the project including engineering design and construction services is estimated at $153,496.00 based on the actual bid amounts. The City's share of project costs will be funded by trunk utility funds. RECOMMENDATION Staff is recommending approval of the JPA with Anoka County. ATTACHMENTS 1. Resolution No. 07 -102 2. Joint Powers Agreement Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -102 RESOLUTION APPROVING JOINT POWERS AGREEMENT FOR THE BRIDGE RECONSTRUCTION OVER RICE CREEK ON CSAH 49 (PROJECT NO. S.A.P. 02- 649 -01) WHEREAS, the parties agree that Bridge No. 4711, CSAH 49 (Hodgson Road) over Rice Creek, has reached its service life for the safety of the traveling public and needs to be replaced; WHEREAS, the parties agree that the city's 16" diameter watermain needs to be relocated to construct the new bridge; and, WHEREAS, the Anoka County Highway Department has prepared plans and specifications for new Bridge No. 02563, and its approaches and city watermain under Project No. S.A.P. 02- 649 -01 which plans and specifications are on file in the office of the County Engineer; and, WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, WHEREAS, Minnesota Statute 471.59 authorizes political subdivisions of the State to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. that the City Council hereby approves the Joint Powers Agreement with the County of Anoka for the reconstruction of the bridge over Rice Creek on CSAH 49 (Hodgson Road) and authorizes the Mayor and City Clerk to execute the JPA (Anoka County Contract No. 2006 -0560) on behalf of the City. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 9thth day of July, 2007. • • • • • • The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Anoka County Contract No.2006 -0560 • JOINT POWERS AGREEMENT FOR THE BRIDGE RECONSTRUCTION OVER RICE CREEK ON CSAH 49 (PROJECT NO. S.A.P. 02- 649 -01) This Agreement made and entered into this day of , by and between the County of Anoka, State of Minnesota, a political subdivision of the State of Minnesota, 2100 Third Avenue North, Anoka, Minnesota 55303, hereinafter referred to as "County ", and the City of Lino Lakes, 600 Town Center Pkwy, Lino Lakes, Minnesota 55014, hereinafter referred to as the "City ". WITNESSETH WHEREAS, the parties agree that Bridge No. 4711, CSAH 49 (Hodgson Road) over Rice Creek, has reached its service life for the safety of the traveling public and needs to be replaced; WHEREAS, the parties agree that the city' s 16" diameter watermain needs to be relocated to construct the new bridge; and, WHEREAS, the Anoka County Highway Department has prepared plans and specifications for new Bridge No. 02563, and its approaches and city watermain under Project No. S.A.P. 02- 649 -01 which plans and specifications are on file in the office of the County Engineer; and, WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, WHEREAS, Minnesota Statute 471.59 authorizes political subdivisions of the State to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY S 1'IPULATED AND AGREED: I. PURPOSE The parties have joined together for the purpose of reconstructing the CSAH 49 (Hodgson Road) bridge over Rice Creek, approach work on CSAH 49, and watermain along the east side of CSAH 49, in the City of Lino Lakes described in the plans and specifications numbered S.A.P. 02- 649-01 on file in the office of the Anoka County Highway Department and incorporated herein by reference. II. METHOD The County shall provide all engineering services and shall cause the construction of the Project in conformance with said plans and specifications. The County shall do the calling for all bids and acceptance of all bid proposals. 1 - 9 3 - Anoka County Contract No.2006 -0560 III. COSTS A. CONSTRUCTION The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs, design costs for city utilities and equipment rental required to complete the work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good faith projections of the costs, which will be incurred for this project. Actual costs may vary and those will be the costs for which the relevant parties will be responsible. The estimated construction cost of the total project is $1,414,769.65. Participation in the construction cost is as follows: 1. The City shall provide construction observation for the relocation and reconstruction of their utilities and approve for acceptance the work as it is completed. 2. The City shall pay one hundred percent (100 %) of the hydrant and curb box relocation and gate box adjustment as well as water and sewer relocation and construction. The estimated City cost of these items is $130,128.00. 3. The City shall furnish and deliver to the site replacement hydrants for any hydrants, which are being relocated as a part of this project, which they want replaced. • 4. The County shall pay for all remaining construction costs. The total estimated construction cost to the City for the project is $130,128.00 as shown on the attached Exhibit A. The City participation in construction engineering will be at a rate of eight percent (8 %) of their designated share. The estimated cost to the City for construction engineering is $10,410.24. The grand total estimated construction cost to the City for the project is $140,538.24. Upon award of the contract, the City shall pay to the County, upon written demand by the County, ninety -five percent (95 %) of its portion of the construction costs payment estimate which is $133,511.32. The City's share of the cost of the project shall include only construction and construction engineering expense and does not include administrative expenses incurred by the County. Upon final completion of the project, the City's share of the construction cost will be based upon actual construction costs. If necessary, adjustments to the initial ninety five percent (95 %) charged will be made in the form of credit or additional charges to the City's share. Also, the remaining five percent (5 %) of the City's portion of the construction costs shall be paid. B. DESIGN The City shall be responsible for all design costs for the relocation of its watermain. The total estimated cost to the City for design is $12,957.62. Upon award of the contract, the City shall pay to the County, upon written demand by the County, shall pay one - hundred percent (100 %) of its portion of design costs for the relocation of its watermain 2 -94- Anoka County Contract No.2006 -0560 IV. TERM This Agreement shall continue until terminated as provided hereinafter. V. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to the State laws. VII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon request by either party. VIII. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. The City shall pay its pro rata share of costs which the County incurred prior to such notice of termination. IX. NOTICE For purposes of delivery of any notices hereunder, the notice shall be effective if delivered to the County Administrator of Anoka County 2100 Third Avenue North, Anoka, Minnesota 55303, on behalf of the County, and the City Administrator of Lino Lakes, 600 Town Center Pkwy, Lino Lakes, MN 55014, on behalf of the City X. INDEMNIFICATION The City and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. XI. ENTIRE AGREEMENT REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. - 9 5 - • Anoka County Contract No.2006 -0560 • IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates • • written below. COUNTY OF ANOKA CITY OF LINO LAKES By: By: Dennis D. Berg John Bergeson Anoka County Board of Commissioners City of Lino Lakes Mayor Dated: Dated: ATTEST By: By: Terry L. Johnson Gordon Heitke Anoka County Administrator City of Lino Lakes Administrator Dated: Dated: RECOMMENDED FOR APPROVAL By: By: Douglas W. Fischer, P.E. Jim Studenski, P.E. Anoka County Engineer City Engineer Dated: Dated: APPROVED AS TO FORM By: By: Dan Klint Assistant Anoka County Attorney City Attorney Dated: Dated: 4 - 9 6 - • AGENDA ITEM 8C STAFF ORIGINATOR: Gordon Heitke MEETING DATE: July 9, 2007 TOPIC: Report of the Citizen's Task Force to Review Charter Provisions Pertaining to Local Improvements VOTE REQUIRED: 3/5 BACKGROUND On February 12, 2007, the Lino Lakes City Council established a citizen's task force for the purpose of studying the city charter provisions related to road reconstruction improvements and report back to the City Council and the Lino Lakes Charter Commission. The formation of the citizen's task force was prompted by public opinion expressed through the recent community -wide survey and a community visioning process. The 2030 Vision Plan recommended that a citizen -led task force be organized to identify options for a change to the charter. The City Council established a task force comprised of interested citizens from the randomly selected 2030 visioning group membership. The Citizen's Task Force to Review Charter Provisions Pertaining to Local Improvements has conducted study sessions, joint meetings with the Charter Commission and City Council, and a public forum to gather information used in the preparation of this report. The Task Force will be presenting their report to the City Council. COUNCIL ACTION The City Council has the following options: 1. Accept the task force report 2. Refer the report back to the task force for additional study 3. Not accept the report ATTACHMENTS • The report was previously provided to the City Council June 29, 2007. 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Ct U 2 P-4 CAA app •'cil P o ct _ a.) a' L �O . 0 0 N N c+- Pi c) ,-22 ,—.,,'" .—c, .� a� CD E> . ,..4 t V) CD C1) U Cd 4.1 CD . ,-4 4 (1) g -1---)-4' .C.1 O u 0 4 ��� •�� • c.- ° ct ❖The Pavement Information and Data Garnered: Comparison of Financing Methods a a a r-, a { { J Bond; Fo rF,.orr :crvtznn 111 d :,core CL4 • f� : I , C14 em4 h i ▪ 44 = •- 000 c C.4 • ��•yy 44 Ippe c, h i 0 44 tt, = n 4 z Information and Data Garnered: Projected Property Tax Impacts of PMP p i- VJ cr ct cD co 9 1 1 J1 J114 i {� I 'f 1 1 ii r ;i $1 RiQ • i� 4P'N gi tl5 '- 2 A g W te H • '.{ . ¢ y- c•a �G{• -.1 csi ff8 on - 4 i• mt tiff 4- '? vin- L•7 .- idRr S-4- in 64 :fir c-.: =1' .0.6 'rI r'..1 C-- cc; CO 69 cn CD .64. Co c' .69. ch. .69 ' .---1 •--I 44• 11347 i "2. 1 Z kill ti� F ..,:...0 .......0 ,,_? ....:..:- ....:F... ‘... s.:F. 0 ....?... 5h, ......, i Cr'1 �I £44 C-- 44 O5 4 1 — cr,202 C' I g 44 cr'I � .--. 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Information and Data Garnered: Charter Commission ❖Strong support for the Charter and its provisions Ci Q cu 4t4 issia O w . -�E N rn • mi con 4—e cu v) • Cv • C11 hi • 0 414 at gni • PO tu sii ct •�• ❖Lack of confidence in the City's leadership. vl CU ' w Orn et O •� Cv 4 • •O ;.0 • - O C) • hi Information and Data Garnered: Public Comment owners living CLI 0 0 • O 0 00 0 N 0 Ct • C4 Po cID 0 •,• •�• • a) E 0 • ci Li U - O N •0 N ti) -5 ,-61) cd ,_ _L--2. .r, rti E " o • acA O U O Cid u•1 /4 0 r6 f:1•4 '7) a) U N N O c C� r:1•0 U O O ct a) a ct W ct '-c) g -' '4c-", 'z$ ' ei7)' (1) ,6- 1) r 0 C73 0 ° o v) a) frustration that Information and Data Garnered: E N E E 0 U w U O a) � •U � N N O rt AR' O O 0 "Back then Lino Lakes was • � o 4) Q � N ct •� c� N a O '- •U N 4 N cn • o c ♦' O c}., cC3 U no intent to c c O O N � 4 ▪ N ct U v� ▪ • ' U 61.) � U - N O ,4 N U • O •4 • •- • N N • • , N _ N 61) -,-)ct ra4 O c O c Cll O Citizen Surveys PI) .. A--) U U • 0 CA U .1c12 «3 � O O cc'] A-) o o 50% of residents have concerns express awareness •�• U O C/D U ct U 0 0 0 ct QL, z Cit Pt Cit Citizen Surveys C/D CI) 4 ) • r...1 CA-E; 0 0 E a) E 0 a) ct • U confidence c U 0 .0 ••-••1 • 0 E • 0 N • • Cd 0 ^ Ct O 0 7d to �••1 O N o N °.1 N O ›.1O c o ••� • •1•) ^ •� ti J Cz$ • ti t/1 z o ct O o N1 „2, ct C:14 ›.1 bA z ct( � O Information and Data Garnered: pal O tA •c-17; v) a.) cid a) to C/1 • O () O N �--, ' C/ 4J � • bQ N ct rN ct ct O U O t +4 78 bi 4) O cid _,c/) 4a) E cc3 4J N •� ct 61) H referenda on the ballot O • E p Crj Cit Cit .~ 1.5 C) v • O ° ct C/D . O O O cd U O v1 N b,A � O � 4J O O O •.• 7 O • • r-1 CC3 � Ct Cid O O 4/), 4) 0 N • !DJ) U 4) • v) ••• ct 4) Cd 4) . L O O .C/ 4) A--' Cid 75) v-C: 4J � v--, N U.r..., ct u c) The current +Amend the charter Recommendation of Citizen's Task Force 0 a) ct ❖We recommend that Section 8 be remove the citywide referenda. or not an 0 4) N • U N O CC3 � U ct 4744 $2.4 � O 1 U N O 'O E • O O a czt a) CA-4 CA 4) 4 O o O O v4 E A2 t z •.• rao Recommendation of Citizen's Task Force ❖We do not feel that this recommendation takes N U N 0 0 4) O U 0 we believe it will a) N ci) N •:• 0 N N 0 0 rzcs) a) N O O 1) U U steward of our City's assets. a) • • 0 • N • • U O U 0 • 0 •:• a) 0 r7 ci) 4J N ‘.0 0 bfJ ›,1 'c O U CD • r.., (A, c„, (A, O (1) O E • 0 a) 0 O O 0 U O bA 0 a) a) a, • ••• O O P-4 C:14 7131 CA E Cij . ...iC) EU 17:i 1-t 1-C ■I-) '2 C'$ U O -� N ,_, C C4 ct a) 0 a) in • ,-1 -Cie; _I g 8 o o 0 „ c..., c. 0 C..) c-1..- ;-4 c+.1 a) v) (I) '4= i9 ct ct U U U p v1 - 77) Z ti3 7_, b.46 v1) v4 ;—, cd r:1• ct .r5 *an _4_4 a) Le) O N O — N . 5 0 0 .4 , ,:::' c:5 6 8 A—) a) 0 .4 it E A—e • c:::, c., c) .1.--) t tn •� (1) C v• O c� � v) & U N 8 � '' a) a) ci) E c„ .4 ct _ ci) U O � --+ p c . O 0 cl, ci) ci) '.7 U U +: 4.) '� U 4) ct • • • 0 •• • • ,__, �-, O • O vD • 0 ,4 $2_, ••• b.A • 0 E O O c.) N � U O'er . • U bA ,‘-'1 r • O 0 U o • • E New Process - Council Action ❖Council has ct E E O O to • • ., cc3 4� (,) • •,-4 •• O C-1—■i CC3 • •� � U :FEe O O O• ,- N O O • ,__, N O ct O 0 N H •�• ct 0 • 0 0 1) el)-4 41 1) U 0 (i) z Neighborhood Veto 0 ct 0 • --' M CI) O Ct (1) (1) O • O ••• 0 ct O E • •• vc O O • •� cA ,S o O E cA bA (1) U O 0 cLI N i-z: cA O c N cA _• 4__) U O‘.4 O E o °' E • - • 7) U v, N O Ct O ,Ct U 4) • ral 4D • C/D 0 .v..- rld ;8 0 CO 0 0 Ct H Conduct of its Activities — •Communication and Education ❖Information ❖Cooperation ❖Road Reconstruction Fund Task Force Final Comments A--) LiD ro to Cd U LA CD N N CA o E c1.1 • ...1 O _i_e ;..1 CA C1-, 4) AE bfJ I.) v) E cA a.) ,-c a.) .,- bA E c) cz$ (I.) .T O c- a) 6 L • STAFF ORIGINATOR: MEETING DATE: TOPIC: AGENDA ITEM 8D Gordon Heitke July 9, 2007 Ordinance No. 07 -07, Amending Chapter VIII of the Lino Lakes City Charter, Regarding Public Improvements and Special Assessments VOTE REQUIRED: 3/5 (roll call vote required) BACKGROUND On February 12, 2007, the Lino Lakes City Council established a citizen's task force for the purpose of studying the city charter provisions related to road reconstruction improvements and report back to the City Council and the Lino Lakes Charter Commission. The formation of the citizen's task force was prompted by public opinion expressed through the recent community -wide survey and a community visioning process. The 2030 Vision Plan recommended that a citizen -led task force be • organized to identify options for a change to the charter. The City Council established a task force comprised of interested citizens from the randomly selected 2030 visioning group membership. The Citizen's Task Force to Review Charter Provisions Pertaining to Local Improvements has conducted study sessions, joint meetings with the Charter Commission and City Council, and a public forum to gather information used in the preparation of this report. Included in the report is a recommended amendment to Chapter VIII of the Lino Lakes City Charter regarding public improvements. This amendment was prepared by the Task Force with the assistance of Attorney Stephen Bubul of Kennedy and Graven. Minnesota Statutes provides for various methods of initiating amendments to a city charter including initiation by the charter commission, city council and by citizens through a petition. City council initiated proposed amendments need to be in the form of an ordinance which is submitted to the charter commission for its review. The charter commission shall approve or reject the proposed amendment or suggest a substitute amendment within a prescribed time period. Following the charter commission review, the council may submit the proposed amendment to the vote of the people by placing it on the ballot. COUNCIL ACTION The City Council has the following options: 1. Approve the first reading of Ordinance No. 07 -07 2. Not approve the first reading of Ordinance No. 07 -07 3. Refer the proposed ordinance back to staff for changes. ATTACHMENT 1. Proposed Ordinance No. 07 -07. • • • 1st Reading: Publication: 2nd Reading: Effective: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 07 -07 AN ORDINANCE AMENDING CHAPTER 8 OF THE LINO LAKES CITY CHARTER, REGARDING PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS The City Council of the City of Lino Lakes does ordain: Section 1. That Chapter 8, Section 8.01, 8.02, 8.03, 8.04, 8.05 and 8.06 of the Lino Lakes City Charter be and are hereby repealed: cost of the improvement, including all costs and expenses connected therewith, with interest. No assessment shall exceed the benefits to the property. 19) Section 8.03. Local Improvement Ordinances and Regulations. Within one hundred twenty (120) days after this Charter goes into effect and before local improvements can be acted upon, the Council shall enact suitable ordinance(s) governing local improvements and special ac.cessments. The ordinance(s) shall vering the determination of assessments and assessment districts, public hearings, appeals from a collection of assessments, -ee- - contained in this Charter. can only sign once regardless of the number of benefitted parcels owned and a benefitted parcel can only have one signature.) together with a resolution adopted by an owners, and shall provide means to obtain a cost estimate which shall set forth the cost of the improvement both in unit price and in total thereof. Upon receipt of such resolution shall be published twice, at least one week apart, in the official newspaper of the City no Iecc than two (2) weeks prior to the date of said hearing, and in addition address at I ast two (2) weeks prior to the date of said hearing. Failure to give mailed for or against the proposed improvement. At such hearing the City Council shall expected to offset the proposed improvement cost. A period of sixty (60) days shall on the proposed improvement. If within such sixty (60) day period, in a petitioning process independent of the initiating paoce.,s, a petition against such improvement be such improvement, or when thc improvement has been petitioned for, signed by a number of the owners proposed to be assessed for such improvement, at least equal to the number of those who petitioned for the improvement, thc Council shall not make number to those who signed the petition against thc improvement; in which event thc the Council. ee less than one hundred (100 %) percent of the estimated cost of the proposed • • hundred twenty (120) days after thc conclusion of the public h aring, submit the proposed local improvement and its assessment formula to the voters of the City. If no election is scheduled during such one hundred twenty (120) day period, the Council shall schedule a special election by which said improvement and its associated assessment formula can be submitted to the City's voters. If a majority of those voting • • AM Mk shall not proceed with the local improvement as proposed. eCee Subdivision 3. When a proposed improvement is allowed under the foregoing subdivision, and the public record of thc proposed improvement contains all of thc proposed contract exceeds the estimated cost of the engineer stated at the public hearing held under Subdivision 1 by more than ten (10 %) percent, the City Council may {1) time only. {1) year after the public hearing on said improvement. may be assessed against property benefitted and may be collected in the same manner 11 ! 1_ e Section 8.06. When under the provisions of section 8.01, Subdivision 1, an 1.o. owners, such property owners may after the mailing of notice of a public hearing, petition to waive fifty (50) of the sixty (60) days waiting period. After such petition, thc Section 2. That Chapter 8 of the Lino Lakes City Charter be amended by adding thereto a new Section 8.01 to read as follows: Section 8.01. Local Improvements Defined; Charter Provisions Effective. Subdivision 1. For the purposes of this Chapter, the term "local improvements" means any public improvements financed in whole or in part from special assessments. Subdivision 2. For the purposes of any objection or petition under this Chapter, (a) each parcel is considered to have one owner, and only one person or entity may sign an objection or petition on behalf of any additional owners of that parcel; and (b) if the same person or entity owns more than one parcel affected by a local improvement, that person or entity may sign an objection or petition only once; and (c) for the purpose of identifying recipients of any notice under this Chapter, owners are determined in accordance with Minnesota Statutes, Section 429.031, subdivision 1. Subdivision 3. The City may undertake any local improvements not forbidden by law and levy special assessments to pay all or any part of the cost of such local improvements. The principal amount of special assessments for any local improvements shall not exceed the cost of the improvement, including all design, financing and related costs, and shall not exceed the benefit to the property determined in accordance with state law. Subdivision 4. Local improvements shall be carried out exclusively under the provisions of this Charter, except to the extent otherwise provided in Section 8.02. Section 3. That Chapter 8 of the Lino Lakes City Charter be amended by adding thereto a new Section 8.02 to read as follows: Section 8.02. Local Improvement Procedure. Subdivision 1. Local improvements shall be carried out in accordance with state law, except as provided in this Section. Subdivision 2. If more than 50 percent of the owners of the real property abutting on the streets named in the mailed notice of the improvement hearing under Minnesota Statutes, Section 429.031, subdivision 1 sign written objections regarding the local improvements, and file such objections with the city clerk prior to the improvement hearing or present such objections to the presiding officer at the hearing, then after the hearing the council shall schedule a special meeting to be held at least 45 days after the date of the hearing. At least 10 days prior to the date of the special meeting, the city shall publish notice of the special meeting and mail notice of the special meeting to all owners who received the initial notice under Section 429.031, subdivision 1. Such published and mailed notice shall include all the information provided in the initial mailed notice, along with a statement as to the number and percentage of affected owners who filed objections at or before the hearing. At the special meeting, the council shall hear additional testimony on behalf of any objecting property owners, and may consider further written or oral testimony from appropriate city officials and other witnesses, as to the nature of the local improvements, the advisability of proceeding with such local improvements, the proposed financing for such local improvements, any proposed amendments to the plans or financing for such local improvements, and the methodology used to calculate individual special assessments for such local improvements. Subdivision 3. A resolution ordering the local improvements (as such improvements may have been amended in response to the hearing or special meeting • • • • • under Section 8.02, Subdivision 2) may be adopted at any time within six months after the date of the special meeting by vote of a majority of all members of the council when the local improvement has been petitioned for by not less than 35 percent of the owners of the real property abutting on the streets named in the petition as the location of the local improvement; and when there has been no such petition, the resolution may be adopted only by vote of four -fifths of all members of the council. The effective date of a resolution ordering the local improvement must be at least 30 days after adoption. Within five days after adoption of the resolution, a summary of the resolution must be mailed to the affected owners. If more than 50 percent of the affected owners sign written objections regarding the resolution, and file such objections with the city clerk prior to the effective date of the resolution, the resolution does not become effective and the local improvement is not ordered. Any objections filed under Section 8.02, Subdivision 2 will not constitute objections under this Subdivision 3. Subdivision 4. If timely objections are not filed by the required number of property owners under Subdivision 2 of this Section, Subdivisions 2 and 3 of this Section do not apply to the subject local improvements, and all subsequent procedures for approval of and levying of special assessments for those local improvements shall be in accordance with state law, except as otherwise provided in this subdivision. Notwithstanding anything to the contrary in Minnesota Statutes, Section 429.031, subdivision 1, clause (f), a resolution ordering the local improvement may be adopted at any time within six months after the date of the hearing by vote of a majority of all members of the council when the local improvement has been petitioned for by not less than 35 percent of the owners of the real property abutting on the streets named in the petition as the location of the local improvement; and when there has been no such petition, the resolution may be adopted only by vote of four -fifths of all members of the council. ropo -d improvement is disallowed under the foregoing t ote on the same improvement within a period of one on said improvement, unless it is determined by the ce ary to preserve public peace, health, morals, safety Subdivision 5. When : pr the Council shal o (1) year after the public hearin Council that a sooner vote is or welfare. Section 4. That Chapter 8, Section 8.07, of the Lino Lakes City Charter be amended to read as follows: Section 8.07. Local Improvement; Special Provisions. Subdivision 1. Except as provided in Subdivision 3, i In the geographic areas of the City described in Subdivision 2, the construction of local improvements, the levy of special assessment for the financing of those improvements must be conducted in accordance with procedures specified in state law. Subdivision 2. Subdivision 1 applies to land within three (3) geographic areas, each not exceeding 430 acres, legally described as follows: AREA NO. 1 - Trunk Highway #49 (Hodgson Road) and County State Aid Highway #23 Intersection (Lake Drive) -All Government Lot 1, Section 30, T31, R22, PIN. 30- 31 -22- 210001 -That part of Lots 14, 15, 16 and 17, Auditor's Subdivision No. 151 lying south and east of State Trunk Highway #49 (Hodgson Road) right -of -way AREA NO. 2 - Interstate 135E and County Road 242 (Main Street) Interchange - Northeast one quarter (1/4) of Section 24 - That part of the southeast one quarter (1/4) of Section 24 lying north of Cedar Street - East one half (1/2) of the southwest one quarter (1/4) of Section 24 - East one half (1/2) of the northwest one quarter (1/4) of Section 24 AREA NO. 3 Interstate I35W and Trunk Highway #49 (Lake Drive) Interchange - North one half (1/2) of the southwest one quarter (1/4) of Section 18 - That part of the south one half (1/2) of the southwest one quarter (1/4) of Section 18 Tying north of the Interstate I35W right -of -way - That part of the southwest one quarter (1/4) of Section 17 lying west of Trunk Highway #49 (Lake Drive) right -of -way - All of the northwest one quarter (1/4) of Section 17 with the exception of that part of the southeast one quarter (1/4) of said northwest one quarter (1/4) of Section 17 as follows: beginning at a point at the intersection of the south line of said southeast one quarter (1/4) of the northwest one quarter (1/4) with the east right -of -way line of Trunk Highway #49; thence northeasterly along said right -of -way line 938.14 feet (+ or -) ; thence southeasterly 672. 39 (+ or -) feet to east line of said southeast one quarter (1/4) of the northwest one quarter (1/4); thence south along said east line 588.5 (+ or -) feet to the south line of said southeast one quarter (1/4) of the northwest one quarter (1/4); thence westerly along said south line 1021.59 feet (+ or -) to the point of beginning. The north 720 feet of that part of the southwest one quarter (1/4) of the northeast one quarter (1/4) of Section 17 lying west of the Anoka County Park property - That part of the north one half (1/2) of the northeast one quarter (1/4) of Section 17 lying west of the Anoka County Park property - That part of the north one half (1/2) of the northeast one quarter (1/4) of Section 17 lying west of the Anoka County Park property - The south one half (1/2) of southeast one quarter (1/4) of the southeast one quarter (1/4) of Section 8 - The southeast one quarter (1/4) of the southeast one quarter (1/4) of the southwest one quarter (1/4) of Section 8 • • - The east 330 feet (+ or -) of the northeast one quarter (1/4) of the southeast one quarter (1/4) of the southwest one quarter (1/4) of Section 8 property, in an area described in subdivision 2, on which a single family, owner occupied residential unit existed on September 30, 1993, the owner /occupant of such may not specially assess such owner's property for thc improvements constructed unless thc owner, at his /her option, in thc future elects to connect to or ucc the improvements constructed by thc City. Any notice of h wring mailed to such single family, owner occupied units shall include notice of the property owner's right to object day that an owner occupied residential unit no longer exists on the parcel of real Pfe-Pefty. John Bergeson, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2007. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted.