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
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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
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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-
•
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•
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
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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,
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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
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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
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(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
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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
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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.;
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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.
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(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
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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
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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
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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
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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:
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(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:
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EXHIBIT A
Legal Description
Lots 12, 13 and 14, Block 2, Carol's Estates Second Addition, Anoka County, Minnesota
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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
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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
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1. None
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ENVIRONMENTAL REPORTS AND CORRESPONDENCE
EXHIBIT G
PERSONAL PROPERTY AND EQUIPMENT TO BE
REMOVED BY SELLER PRIOR TO CLOSING
1. None
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EffiBIT H
DEVELOPMENT PLAN
Conceptual Depiction of Redevelopment Project
11'c5 Drive
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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
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• Council Member introduced the following resolution and moved
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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:
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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.
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(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:
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EXIIIBIT A
Description of Property
Lot 3, Auditors Subdivision 134, Anoka County, MN
Lot 4, Auditors Subdivision 134, Anoka County, MN
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EXHIBIT C
Conceptual Depiction of Redevelopment Project
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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
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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.
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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.
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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 -
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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
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RUSSIAN BAPTIST CHURCH
WATERMAIN INSTALLATION
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• AGENDA ITEM 6r
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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.
•
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•
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
•
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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
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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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Unique Charter
❖Of the 854 cities in Minnesota, 107 are Charter cities.
Information and Data Garnered:
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•
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.
•
•
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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
•
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•
•
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
•
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- 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.