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Home My WebLink About07/23/2007 Council Packet (2)Monday July 23, 2007 (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members Carlson, O'Donnell, Reinert & Stoltz City Administrator: Gordon Heitke COUNCIL WORK SESSION 5: 0 P. Council Workroom (not televised) A) Review of Regular Meeting Agenda r'! ➢ Open Mike / Public Comment A representative of Gethsemane Church expressed concern that their property transaction hasn't proceeded as quickly as planned ➢ Call to Order and Roll Call 6:40 p.m. — Present were Mayor Bergeson, Council Members O'Donnell, Reinert, Carlson Absent — Council Member Stoltz ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was approved. CONSENT �.. ,r �y t NSENT AtE bA A) Consideration of Expenditures: i) July 23, 2007 (Check No. 80595 through 80704) in the amount of $883,265.81; ii) Centennial Fire District (Check No. 2774 through 2796) in the amount of $34,366.87 Pg 4 -15 Pg 16 -17 B) Consider approval of July 9, 2007 City Council Meeting Minutes Pg 18 -25 Action Taken: Motion by Carlson, seconded by O'Donnell, to approve the Consent Agenda, Items 1A & 1B, was adopted by a unanimous voice vote; Absent - Stoltz FINANCE DEPARTMENT REPORT, Al Rolek None ISI PORT Dan Tesch . None Council Agenda -2- 7/23/2007 EP'ARTMENT REPORT, ar e P A) Proclamation — National Night Out, August 7, 2007 Action Taken: Motion by O'Donnell, seconded by Carlson, to approve the proclamation as presented was adopted by a unanimous voice vote; Absent - Stoltz B) Consider First Reading of Ordinance No. 08 -07, Lino Lakes Crime Free Housing Code and Police Department Safer Tenants and Rental (STAR) Program roll call Action Taken: Motion by Carlson, seconded by O'Donnell, to approve 1st reading of Ordn No. 08 -07 was approved: Yeas, 4; Nays none; Absent - Stoltz PUBLIC SERVICES DEPARTMENT REPORT; Rick DeGardner None COMMUNITY DEVELQ '. A) Sale of City Property PORT Michael Grochala Pg 26 -27 Pg 28 -53 i. Second Reading of Ordinance 06 -07 conveying City Pg 54 -91 owned land to Greg Anderson Development, LLC, Mary Divine roll call Action Taken: Motion by Carlson, seconded by Bergeson, to table the ordinance until August 13 was approved: Yeas, 3; Nays, 1 (Reinert); Absent - Stoltz ii. Consideration of Resolution No. 07 -100 approving Pg 92 -104 a Preliminary Development Agreement with Greg Anderson Development, Mary Divine Action Taken: Motion by Reinert, seconded by O'Donnell, to table Resolution No. 07 -100 to August 13 was adopted by a unanimous voice vote; Absent — Stoltz iii. Consideration of Resolution No. 07 -110, Authorize Pg 105 -111 Preparation of Feasibility Study for 77th Street Realignment, Mary Divine Action Taken: Motion by Reinert, seconded by Carlson, to approve Resolution No. 07 -110, as presented, was adopted by a unanimous voice vote; Absent - Stoltz B) Consideration of Resolution No. 07 -87, Granting a Conditional Pg 112 -129 Use Permit for to Allow Earth Material Excavation, (Birch and 12th Avenue), LaMotte Property, Jim Studenski Action Taken: Motion by Reinert, seconded by O'Donnell, to approve Resolution No. 07 -87, as presented, was adopted by a unanimous voice vote; Absent - Stoltz Council Agenda -3- 7/23/2007 C) Consideration of Resolution No. 07 -83, Approving Grading Pg 130 -151 Only Development Agreement, The Preserve, Jim Studenski Action Taken: Motion by O'Donnell, seconded by Reinert, to approve Resolution No. 07 -83, as presented, was adopted by a voice vote; Carlson voted no; Absent - Stoltz D) Consideration of Resolution No. 07 -107, Accepting Bids Pg 152 -156 and Awarding Contract, Lino Park Grading, Jim Studenski Action Taken: Motion by Carlson, seconded by O'Donnell, to approve Resolution No. 07 -107, as presented, was adopted by a unanimous voice vote; Absent - Stoltz E) 2007 Surface Water Management Projects i) Consideration of Resolution No. 07 -108, Accepting Pg 157 -160 Quotes and Awarding Contract, Pipes Cleaning, Jim Studenski Action Taken: Motion by O'Donnell, seconded by Reinert, to approve Resolution No. 07 -108, as presented, was adopted by a unanimous voice vote; Absent - Stoltz ii) Consideration of Resolution No. 07 -109, Accepting Pg 161 -171 Quotes and Awarding Contract, Outfall Cleaning, Jim Studenski Action Taken: Motion by Reinert, seconded by Carlson, to approve Resolution No. 07 -109, as presented, was adopted by a unanimous voice vote; Absent - Stoltz F) Consideration of Motion to Accept Quit Claim Deed and Authorizing Execution of a Quit Claim Deed, Lake /35W Improvement Project, Bill Hawkins Action Taken: Motion by Reinert, seconded by O'Donnell, to accept the quit claim deed and authorize execution of a quit claim deed, as presented, was adopted by a unanimous voice vote; Absent - Stoltz UNFINISHED None A) Consider approval of July 2, 2007 Council Work Session Minutes Council Member Reinert absent Action Taken: Motion by O'Donnell, seconded by Carlson, to approve the minutes, as presented, was adopted by a voice vote; Reinert abstained; Absent - Stoltz Pg 172 -175 Council Agenda -4- 7/23/2007 Adjournmen Motion by O'Donnell, seconded by Carlson, to adjourn at 8:15 p.m. was adopted by a unanimous voice vote; Absent — Stoltz e- Community Calendar- A Look Ahead July 24 — August 13, 2007 Wednesday, July 25 Thursday, August 2 Monday, August 6 Monday, August 6 Wednesday, August 8 Monday, August 13 6:30 p.m., Council Chambers 7:00 a.m., Community Room 6:30 p.m., Council Chambers 5:30 p.m., Community Room 6:30 p.m., Council Chambers 6:30 p.m., Council Chambers Environment EDAC Park Board Council Work Session Planning & Zoning Council Meeting • EXPENDITURES JULY 23, 2007 • Date: 07/13/2007 Time: 10:37:36 City of Lino Lakes Operator: JAL Page: 1 FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 6448 6448 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Sort: N Invoice Status: A # of copies: 1 Check Over Expend: N • Discount Vendor # Name # of items Net Gross Discount Lost 000057 PREMIUM WATERS, INC. 1 52.65 52.65 .00 .00 000081 RENNE, MARRI IC., CAE 1 1,700.00 1,700.00 .00 .0D 000082 J. R. LARSON COMPANY, INC. 1 36.02 36.02 .00 .00 000093 ACE SOLID WASTE, INC. 1 523.79 523.79 .00 ..00 000094 PEARSON BROTHERS, INC. 1 126,759.68 126,759.68 .00 .00 D00132 MPELRA 1 195.00 195.00 .00 .00 000157 ALL SEASONS RENTAL, INC. 1 233.15 233.15 .00 .00 000162 BARNA, GOZY & STEFFEN, LTD. 1 365.00 365.00 .00 .00 000177 MAIN FLORAL LTD, INC. 1 43.67 43.67 .00 .00 000180 PULTE HOMES 8 35,600.00 35,600.00 .D0 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 1 124.43 124.43 .00 Ili'000234 W.B. MILLER, INC. 1 146,7E1.79 146,781.79 .00 000256 DEEP ROCK WATER COMPANY 1 85.21 85.21 .D0 .00 000277 M.E.M.A. 1 80.00 80.00 .00 .D0 000303 INSTRUMENTAL RESEARCH, INC. 2 152.00 152.0D .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 102.45 102.45 .D0 .00 000347 MULTICARE ASSOCIATES 1 364.00 364.00 .00 .00 000367 MOODY'S INVESTORS SERVICE 1 4,000.00 4,000.00 .00 .00 000408 AFSCME COUNCIL #5 1 839.08 839.08 .00 .Do 000420 ANOKA COUNTY 1 9.69 9.69 .00 .00 000433 METRO NORTH CHAMBER OF COMMERCE 1 295.00 295.00 .00 .00 000452 STILLWATER LACROSSSE 1 440.00 440.00 .00 .00 5 Date: 07/13/2007 Time: 10:37:36 City of Lino Lakes FM Entry - Invoice Journal Sor # Name Operator: JAL Page: 2 Discount # of items Net Gross Discount Lost 000541 ASPEN MILLS, INC. 3 1,176.84 1,176.84 .00 .D0 000660 BERGESON, JOHN 1 133.86 133.86 .00 .00 000685 BILL'S GUN SHOP /RANGE -BJAM, INC. 1 149.1D 149.10 .00 .00 000700 STOLTZ, DANIEL 1 137.86 137.86 .00 .00 000724 BLUE TOW SERVICE, INC. 1 855.40 855.40 .00 .D0 000761 NATIONAL ASSOCIATION OF TOWN WATCH 1 224.76 224.76 .00 .00 000767 STOUTEN, BILL 1 5.00 5.00 .D0 .00 000770 BOYER TRUCKS, INC. 1 383.30 383.30 .00 .00 000855 IACP CONFERENCE REGISTRATION 1 275.00 275.00 .00 .00 000900 O'REILLY AUTOMOTIVE, INC. 1 679.68 679.68 .00 .00 000911 WASHINGTON COUNTY 1 525.00 525.00 .00 .00 000927 CARLSON, DONNA 1 133.86 133.86 .D0 .D0 000930 WILLIAM G. HAWKINS E. ASSOCIATES 1 14,364.00 14,364.00 .00 .00 000946 C. P. OFFICE PRODUCTS 1 481.32 481.32 .00 .00 000947 DIAMOND VOGEL PAINTS, INC. 1 1,402.81 1,402.81 .00 .00 000983 ADMINISTRATION RESOURCES CORPORATION 1 72.12 72.12 .00 .00 •016 MINNESOTA STATE RETIREMENT SYSTEM 1 836.72 836.72 .00 .00 001044 CHOICEPOINT SERVICES, INC. 1 128.00 128.00 .00 .00 001148 EGAN OIL COMPANY 1 7,829.70 7,829.70 .00 .00 D01187 CONNEXUS ENERGY 1 3,844.28 3,844.28 .D0 .00 001260 ACCLAIM BENEFITS 1 190.55 190.55 .00 .00 001267 FAST BREAK CORNER MARKET, INC. 1 28.74 26.74 .00 .00 001270 DALCO, INC. 1 515.10 515.10 .DD .00 001380 EARL ANDERSON ASSOCIATION, INC. 1 114.01 114.01 .00 .00 001480 HAWKINS INC. 1 6,146.00 6,146.00 .D0 .00 001530 FOREST LAKE FORD, INC. 2 776.55 776.55 .00 .00 D01540 FORESTRY SUPPLIERS, INC. 1 139.15 139.15 .00 .D0 • 6 Date: 07/13/2007 Time: 10:37:37 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Discount Vendor # Name # of items Net Gross Discount 001560 FRATTALLONE'S HARDWARE, INC. 1 82.54 82.54 001570 FRIDLEY, CITY OF 1 327.41 327.41 001605 GOVERNMENT FINANCE OFFICERS ASSOC 1 180.00 160.00 001621 GREG LARSON SPORTS - GLS, INC. 1 1,016.60 1,016.60 001859 HOME DEPOT CREDIT SERVICES 1 298.18 296.18 001860 HUGO FEED MILL, INC. 1 6.39 8.39 001881 HUGO HEATING AND COOLING 1 140.00 140. 00 001990 MECA 2 280.00 280.00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 829.50 629.50 002248 LARSON ALLEN, LLP 1 8,450.00 13,450.00 002310 LEAGUE OF MINNESOTA CITIES 1 35.00 35.00 002328 T.F BROTHER, INC. 1 17.53 17.53 002340 IMAGE PRINTING 6 GRaPBICS, INC. 1 22.05 22.05 002493 FIRST STATE TIRE RECYCLING, INC. 1 1,003.00 1,003.00 002550 MENARDS, INC. 1 30.51 30.51 002591 MGFOA 1 225.00 225.00 062700 CENTERPOINT /MINNEGASCO, INC. 2 678.52 6713.52 002743 BC/ CRTMI1 L JUSTICE INFO SYSTEMS 1 180.00 180.00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 257.03 257.03 003014 INTERSTATE DISTRIBUTORS, INC. 1 309.00 309.00 003123 NATURE CALLS, INC. 1 1,510.95 1,510.95 003219 CUMMINS NPOWER LLC 1 390.64 390.64 00322D FACTORY MOTOR PARTS COMPANY, INC. 1 1,122.70 1,122.70 003360 CLARK, DEBRA 1 50.00 50.00 003430 PETERSON, TERINA 1 135.00 135.00 003442 STUART, KIM 1 50.00 50.00 003446 SNYDER, JASON 1 1,364.55 1,364.55 7 .00 .D0 .D0 .00 .00 .00 .OD .D0 .00 .00 .D0 .00 .D0 .00 .DD .D0 .00 .00 .00 .00 .D0 .00 .OD .DD .00 .00 .00 .D0 .00 .00 .00 .D0 .00 .DD .00 .00 .00 .00 .00 .00 .OD .0D .00 • .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 • Date: 07/13/2007 Time: 10:37:37 •or # Name City of Lino Lakes Operator: JAL Page: 4 FM Entry - Invoice Journal # of items Discount Net Gross Discount Lost 003454 WIKMAN, CONNIE 1 30.00 30.00 .00 .00 003478 PECCHIA, DAVID CHIEF 1 915.00 915.00 .0D .00 003492 PETTY CASH 1 187.05 187.05 .00 .00 003600 PRESS PUBLICATIONS, INC. 1 1,154.40 1,154.40 .00 .D0 D03848 SPARTAN PROMOTIONAL GROUP, INC. 1 681.69 681.69 .00 .00 003880 SHORT- FTJ,TOTT- HENDRICKSON, INC. 3 28,092.96 28,092.96 .00 .00 003882 SHRED -IT, INC. 1 48.00 48.00 .00 .00 003910 SAM'S CLUB, INC. 1 49.21 49.21 .00 .00 003990 SHOREVIEW, CITY OF 1 2,852.70 2,852.70 .00 .00 004063 ANOKA COUNTY LICENSE BUREAU 1 52.50 52.50 .00 .00 004070 REED BUSINESS INFORMATION 1 169.48 169.48 .00 .00 004120 ST. JOSEPH EQUIPMENT, INC. 1 1,820.40 1,820.40 .00 .D0 004172 STATE OF MINNESOTA 1 390.00 390.00 .0D .OD 004240 STREICHER'S, INC. 2 328.56 328.56 .0D .00 004340 T.A. SCHIFSKY AND SONS, INC. 1 211.37 211.37 .00 .DD 004410 THANE HAWKINS POLAR CHEVROLET, INC. 1 154.09 154.09 .00 .DD •416 THOMPSON AND ASSOCIATES 1 400.00 400.00 .00 .D0 004420 HEITKE, GORDON 1 32.26 32.26 .00 .0D 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 1 265.75 265.75 .00 .D0 004470 COMO LUBE E. SUPPLIES, INC. 1 349.53 349.53 .00 .DD 004560 0 S BANK 1 6,134.50 6,134.50 .00 .00 004660 URICH, TRACEY 1 44.97 44.97 .00 .0D D04670 COMCAST 1 69.90 69.90 .00 .00 D04749 WAGNER, STEVE 1 158.19 158.19 .00 .00 D04840 WINNICK SUPPLY, INC. 1 21.88 21.88 .DD .00 005032 CENTRAL WOOD PRODUCTS, INC. 1 1,379.18 1,379.18 .00 .00 007135 BROWN, GLORIA DULLINGER 1 50.00 50.00 .00 .00 Date: 07/13/2007 Time: 10:37:37 City of Tina Lakes FM Entry - invoice Journal Vendor # Name # of items Operator: SAL Page: 5 Net Gross Discount Disc t 007224 HUGO MILL OUTDOOR POWER 1 306.81 306.81 .DD .00 900217 ARNT CONSTRUCTION, INC. 1 2,417.91 2,417.91 .00 .00 900224 NORTH COUNTRY BUILDERS 1 2,500.00 2,500.00 .00 .00 900474 VAUGHAN, ED 1 47,637.15 47,637.15 .00 .00 900491 ROSEVILLE, CITY OF 1 2,846.67 2,846.67 .00 .00 900494 NORTHERN ESCROW, INC. 1 400,188.28 400,188.28 .00 .0D Grand Totals: 125 883,265.81 683,265.81 .00 .00* • • Date: 07/13/2007 Time: 10:42:46 Operator: JAL City of Lino Lakes • FM Entry - Invoice Payment - Department Report Ranges: Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 6449 6449 Bank #: (A) Page: 1 Options: Print Ranges /Options: Y # of copies: 1 Page on Department: N Department Vendor Name Description Amount AFSCME COUNCIL #5 PAYROLL WITHHOLDING 839.08 MINNESOTA STATE RETI PAYROLL WITHHOLDING 836.72 LAW ENFORCEMENT LOBO PAYROLL WITHHOLDING 829.50 MN CHILD SUPPORT PAY TERRY MECKLE /D01401177B- 257.03 U S BANK COMPTTER PURCHASE /KAREN 1,927.41 U S BANK COMPUTER PURCHASE /TIM R 2,474.29 Total for Department 7,164.03* MAYOR /COUNCIL MAIN FLORAL LTD, INC FLORAL ARRANGEMENT 43.67 MAYOR /COUNCIL BERGESON, JOHN REIMBURSE MILEAGE 133.86 MAYOR /COUNCIL STOLTZ, DANIEL REIMBURSE MILEAGE 137.66 MAYOR /COUNCIL CARLSON, DONNA REIMBURSE MILEAGE 133.86 MAYOR /COUNCIL LEAGUE OF MINNESOTA BANQUET /JOHN B 35.00 MAYOR /COUNCIL U S BANK LODGING /LMC 1,337.80 Total for Department 401 1,822.05* ADMINISTRATION PREMIUM WATERS, INC. MONTHLY SERVICE /JUNE 35.1D ADMINISTRATION MPELRA REGISTRATION /DAN T 195.00 STRATION BARNA, GUZY & STEFFE PERSONNEL ATTORNEY 365.00 NISTRATION ADMINISTRATION RESOU JUNE COBRA 72 12 STRATION CHDICEPDINT SERVICES DRUG TESTING 128.00 ADMINISTRATION ACCLAIM BENEFITS FLEXIBLE SPENDING ADMINI 190.55 ADMINISTRATION HEITKE, GORDON REIMBURSE PARKING /MEALS 32.26 Total for Department 402 1,018.03* CHARTER PRESS PUBLICATIONS, ADVERTISING /CHARTER 14.80 CHARTER TIMESAVER OFF -SITE S JUNE 14 /CHARTER COMMISSI 265.75 Total for Department 405 280.55* FINANCE GOVERNMENT FINANCE 0 MEMBERSHIP /& -1 -07 - 7 -31 180.00 FINANCE LARSON ALLEN, LLP 2006 AUDIT 3,470.95 FINANCE MGFOA REGISTRATION /AL R 225.00 FINANCE PRESS PUBLICATIONS, ADVERTISING /FINANCE SUMM 710.40 FINANCE ROSEVILLE, CITY OF JULY BILLING 2,846.67 Total for Department 407 7,433.02* LEGAL CONSULTANTS WILLIAM G. HANKINS & CRIMINAL ATTORNEY 11,811.00 LEGAL CONSULTANTS WILLIAM G. HANKINS & MUNICIPAL ATTORNEY 1,775.80 Total for Department 414 13,586.80* • Date: 07/13/2007 Time: 10:42:46 Operator: JAL Page: 2 City of T ; no Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount ECONOMIC DEVELOPMENT RENEE, MARRI K., CAE REISSUE AP #80565 /APPRAI ECONOMIC DEVELOPMENT METRO NORTH CHAMBER MEMBERSHIP/9-1-2007 - 8- ECONOMIC DEVELOPMENT WILLIAM G. HAWKINS & MUNICIPAL ATTORNEY ECONOMIC DEVELOPMENT SHORT- ELLIOTT- BENZES DATAVIEW UPGRADE Total for Department 415 PLANNING & ZONING PLANNING & ZONING SHORT- ELLIOTT-HEN EI DATAVIEW UPGRADE SHORT - ELLIOTT -HrDPT GIS SERVICE /JUNE Total for Department 416 COMM DEV SHORT- ELLIOTT- HENDRI DATAVIEW UPGRADE Total for Department 418 1,700.00 295.00 134.00 425.00 2,554.00* 425.00 1,262.25 1,687.25* 3,925.00 3,925.0D* POLICE PREMIUM WATERS, INC. MONTHLY SERVICE /JUNE 17.55 POLICE M.E.M.A. ANNUAL MEETING /DAVE P 80.00 POLICE MULTICARE ASSOCIATES EXAM 364.00 POLICE ASPEN MILLS, INC. UNIFORM SUPPLIES 1,176.84 POLICE BILL'S GUN SHOP /RANG RANGE TIME 149.10 POLICE BLUE TOW SERVICE, IN TOW /01 FORD EXPLORER 170.08 POLICE BLUE TOW SERVICE, IN TOW /92 CHEV BLAZER 116.83 POLICE NATIONAL ASSOCIATION T- SHIRTS 224.76 POLICE LAC? CONFERENCE REGI REGISTRATION /DAVE P 275.00 POLICE WASHINGTON COUNTY TRAINING /MITCH DE, DALE 525.00 POLICE C. P. OFFICE PRODUCT OFFICE SUPPLIES 481.32 POLICE CONNEXUS ENERGY MONTHLY SERVICE /JUNE 21.31 POLICE FAST BREAK CORNER MA CAR WASHES 28.74 POLICE FRIDLEY, CITY OF REIMBURSE AIRFARE 327.41 POLICE IMAGE PRINTING & GRA PRINT HANDOUTS 22.05 POLICE BCA /CRIMINAL JUSTICE REGISTRATION /MITCH DM 180.00 POLICE PETERSON, TER/NA REIMBURSE POST LICENSE 135.00 POLICE PECCHIA, DAVID CHIEF REIMBURSE AIRFARE /LODGIN 915.00 POLICE P�;1 -ry CASH /LLPD FIELD TRIP /LUNCHEON /FILM 187.05 POLICE SPARTAN PROMOTIONAL PENCILS /PENS 681.69 POLICE SHRED -IT, INC. DESTROY CONFIDENTIAL MAT 48.0D POLICE STATE OF MINNESOTA CONNECT CHARGES 390.00 POLICE STREICHER'S, INC. UNIFORM SUPPLIES 328.56 POLICE THOMPSON AND ASSOCIA PERSONNEL EVALUATION 400.00 POLICE U S BANK REGISTRATION /KAREN A 70.00 POLICE WAGNER, STEVE REIMBURSE SUPPLIES 158.19 Total for Department 420 7,473.48* STREETS DIAMOND VOGEL PAINTS WHITE PAINT 1,402.81 STREETS CONNEXUS ENERGY MONTHLY SERVICE /JUNE 960.16 STREETS EARL ANDERSON ASSOCI STREET SIGNS /BRACKETS 114.01 STREETS FRAZTALL0NE'5 HARDWA THERMOMETER /HARDWARE /FAS 4.15 STREETS T.A. SCHIFSKY AND SO ASPHALT 211.37 Total for Department 43D 2,692.50* FLEET AMERICAN FASTENER & PIPE /CLAMP /WASHER /NUT /CL 124.43 FLEET BOYER TRUCKS, INC. REPAIR BRAKE LIGHTS 383.3D Date: 07/13/2007 Time: 10:42:46 • Department Operator: JAL Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT GOVE:RNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERMENT BUILDINGS GOVERNMENT BUILDINGS BUILDINGS BUILDINGS Isu1LDINGS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARES PARK' PARKS PARKS RECREATION • o'REILLY AUTOMOTIVE, EGAN OIL COMPANY FOREST LAKE FORD, IN FOREST LAKE FORD, IN HUGO FEED MILL, INC. LEEF BROTHER, INC. MENARDS, INC. CUMMINS NPOWER LLC FACTORY MOTOR PARTS ST. JOSEPH EQUIPMENT THANE HAWKINS POLAR COMO LUSE & SUPPLIES HUGO MILL OUTDOOR PO Total for J. H. LARSON COMPANY ACE SOLID WASTE, INC DEEP ROCK WATER COMP AMERIPRIDE LINEN /APP CONNEXUS ENERGY DALCO, INC. DALCO, INC. DALCO, INC. DALCO, INC. FRATTALLONE'S HARDWA HOME DEPOT CREDIT SE HUGO HEATING AND COO CENTERPOINT /MINNEGAS INTERSTATE DISTRIBUT SAM'S CLUB, INC. COMCAST Total for ACE SOLID WASTE, INC ALL SEASONS RENTAL, CONNEXUS ENERGY FRATTALLONE'S HARDWA HOME DEPOT CREDIT SE CENTERPOINT /MINNEGAS CENTERPOINT /MINNEGAS NATURE CALLS, INC. REED BUSINESS INFORM URICH, TRACEY CENTRAL WOOD PRODUCT HUGO MILL OUTDOOR PO Total for D OIL E. AIR FILTER /V -BELT/ GAS REPAIR A/C TIRE ROTATION /WHEEL ALIG SCOOP SHOP TOWELS RUSTOL /REFORMER SPRAY LOBE FILTER OIL /MODULE /PAD & ROTOR K REPAIR ENGINE LEAK CONTROL /WIRE CONNECTION/ OIL V -BELT /STARTER PAWL /GLAD Department 431 COMP FLUOR WASTE REMOVAL MONTHLY SERVICE /JUNE MAT RENTAL MONTHLY SERVICE /JUNE JANITORIAL SUPPLIES JANITORIAL SUPPLIES /18B0 JANITORIAL SUPPLIES /1882 JANITORIAL SUPPLIES /1B82 TTMOMETER /HARDWARE / FAS PARTS /SUPPLIES REPAIR COMPRESSOR MONTHLY SERVICE /JUNE REPAIR ICE MAKER TABLECLOTH /BALLOONS /HOT MONTHLY SERVICE /JULY Department 432 WASTE REMOVAL MAN LIFT RENTAL MONTHLY SERVICE /JUNE T PMOMETER /HARDWARE /FAS PARTS /SUPPLIES MONTHLY SERVICE /JUNE MONTHLY SERVICE /MAY PORTABLE RESTROOM RENTAL LEGAL AD /LIND PARK GRADI REIMBURSE CLOTHING ALLOW REC STEP /GRIND HARDWOOD V- BELT /STARTER PAWL /GLAD epartment 45D SAM'S CLUB, INC. 679.68 7,829.70 497.24 279.31 8.39 17.53 30.51 390.64 1,122.70 1,820.40 154.09 349.53 303.39 13,990.84* 36.02 403.3D 85.21 102.45 1,228.78 263.04 84.03 42.17 125.86 27.68 4.23 140.00 130.89 309.00 11.30 69.90 3,063.86* 120.49 233.15 7.99 17.68 275.84 42.25 47.4D 1,510.95 169.48 44.97 1,379.18 3.42 3,852.80* TABLECLOTH /BALLOONS /HOT 37.91 Total for Department 451 37.91* Date: 07/13/2007 Time: 10:42:47 Operator: JAL Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount ENVIRONMENTAL MEGA REGISTRATION /MARTYR & TI 90.00 ENVIRONMENTAL NECK SEMINAR /MARTY A & TIM P 190.00 ENVIRONMENTAL SBORT-ELLIOTT-HENMES DATAVIEW UPGRADE 425.00 Total for Department 461 705.00* SOLID WASTE FIRST STATE TIRE REC RECYCLING DAY 1,003.00 Total for Department 462 1,003.00* FORESTRY FORESTRY SUPPLIERS, BLADE /SAW /TAGS /PAINT 139.15 Total for Department 463 139.15* Total for Find 101 72,429.27* STOUTEN, BILL REIMBURSE PROGRAM REC 5.00 CLARK, DEBRA REIMBURSE PROGRAM REC 50.00 STUART, KIM REIMBURSE PROGRAM REC 50.00 WIKMAN, CONNIE REIMBURSE PROGRAM REC 30.00 BROWN, GLORIA DDLLIN REIMBURSE PROGRAM REC 50.00 Total for Department 185.00* PROGRAM REC LARSON ALLEN, LLP 2006 AUDIT 75.37 Total for Department 20D 75.37* YOUTH SPORTS STILLWATER LACROSSSE TEAM REGISTRATION 440.00 YOUTH SPORTS GREG LARSON SPORTS - SOCKS 1,016.60 YOUTH SPORTS U S BANE PROGRAM REC 325.00 Total for Department 208 1,781.60* Total for Fund 201 2,041.97* OTHER LARSON ALLEN, LLP 2006 AUDIT 367.42 Total for Department 499 367.42* Total for Fund 301 367.42* OTHER LARSON ALLEN, LLP 2006 AUDIT 414.30 Total for Department 499 414.30* Total for Fund 401 414.30* OTHER LARSON ALLEN, LLP 2006 AUDIT 1,042.23 Total for Department 499 1,042.23* Total for Fund 406 1,042.23* OTHER PEARSON BROTHERS, IN CONTRACTOR /2007 SEALCOAT 128,759.66 OTHER W.B. MILLER, INC. CONTRACTOR /'07 OVERLAY 146,781.79 Total for Department 499 275,541.47* Total for Fund 421 275,541.47* • • Date: 07/13/2007 Time: 10:42:47 Operator: JAL • Department t OTHER OTHER OTHER Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount LARSON ALLEN, LLP 2006 AUDIT ARNT CON6TRUCTIO, IN CONTRACTOR /'06 POND & DI Total for Department 499 Total for Fund 422 PRESS PUBLICATIONS, ADVERTISING Total for Department 499 Total for Fund 423 OTHER MOODY'6 INVESTORS SE TAX INCREMENT BONDS /2007 OTHER ANOKA COUNTY PENALTY 17- 31 -22 -21 -0021 OTHER WILLIAM G. HAWKINS & MUNICIPAL ATTORNEY OTHER SHORT- ELLIOTT- HENDRI FIELD REPRESENTATION /JUN OTHER NORTHERN ESCROW, INC CONTRACTOR /JAY BROTHERS - Total for Department 499 WATER WATER WATER WATER WATER WATER sr:wrac S�wrtt SEWER SEWER SEWER • Total for Fund 471 SHOREVIEW, CITY OF UTILITY BILLING Total for Department INSTRUMENTAL RESEARC CONNE%US ENERGY HAWKINS , INC. FRATTALLONE'6 HARDWA LARSON ALLEN, MP CENTERPOINT /MINNEGAS CENTERPOINT /MINNEGAS SHOREVIEW, CITY OF WINNICK SUPPLY, INC. WATER SAMPLES MONTHLY SERVICE /JUNE CHEMICALS /CYLINDER THERMOMETER /HARDWARE /FAS 2006 AUDIT MONTHLY SERVICE /JUNE MONTHLY SERVICE /MAY UTILITY BILLING SUPPLIES Total for Department 494 Total for Fund 601 CONNEBUS ENERGY MONTHLY SERVICE /JUNE HOME DEPOT CREDIT SE PARTS /SUPPLIES LARSON ALLEN, LLP 2006 AUDIT CENTERPOINT /MINNEGA6 MONTHLY SERVICE /MAY SHOREVIEW, CITY OF UTILITY BILLING Total for Department 495 Total for Fund 602 PULTE HOMES PULTE HOMES Pu1,TE HOMES PULTE HOMES PULTE HOMES 6418 LAKOTA TRAIL / REIMB 6420 LAKOTA TRAIL / REIME 6422 LAKOTA TRAIL /REIMS 6424 LAKOTA TRAIL /REIMS 6426 LAKOTA TRAIL /REIMS 124.21 2,417.91 2,542.12* 2,542.12* 214.60 214.60* 214.6D* 4,000.00 9.69 643.20 21,630.71 400,166.28 426,471.88* 426,471.BB* 9.54 9.54* 152.00 1,345.61 6,146.00 33.03 1,288.02 215.71 126.14 2,031.64 21.88 11,360.03* 11,369.57* 280.43 18.11 1,667.50 116.13 811.52 2,893.69* 2,893.69* 4,450.00 4,450.00 4,450.00 4,450.00 4,450.0D Date: 07/13/2007 Time: 10:42:47 Department Operator: JAL Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amoimt PULTE HOMES PULTE HOMES PULTE HOMES BLUE TOW SERVICE, IN BLUE TOW SERVICE, IN BLUE TOW SERVICE, IN BLUE TOW SERVICE, IN SNYDER, JASON PRESS PUBLICATIONS, ANOKA COUNTY LICENSE NORTH COUNTRY BUILDE VAUGHAN, ED Total for 6428 LAKOTA TRAIL /REIMS 4,450.0D 6430 LAKDTA TRAIL /REIMS 4,450.00 6432 LAROTA TRAIL /REIMS 4,450.00 TOW /02 PONT GRAD PRIX 116.83 TOW /90 HONDA ACCORD 218.00 TOW /93 CADDIE DEVILLE 116.83 TOW /95CHEV 6 -10 116.83 REIMS SHORT TERM ESCROW/ 1,364.55 ADVERTISING /GRANDVIEW 6 214.6D LICENSE 94 GAC/ 85 COUGA 52.50 6173 OAK HOLLOW /REIMS BL 2,500.00 PHEASANT HILLS 12 /REIMS 47,637.15 Department 87,937.29* Total for Fund 801 87,937.29* Grand Total 883,265.81* • • • • • • CENTENNIAL FIRE DISTRICT Check Register FIRE GL GL Posting Period(s): 07/07 - 07/07 Check issue Date(s): 07/01/2007 - 07/17/2007 Page: 1 Jul 17, 2007 09:40am Per Date Check No Vendor No Payee Invoice Description Inv Amount 07/07 07/17/07 2774 10295 ALL STAR SPORTS, INC SAFETY CAMP T- SHIRTS 908.25 07/07 07/17/07 2775 11565 ASPEN MILLS UNIFORMS 73.05 07/07 07/17/07 2776 20112 BCA/TRAINING & DEVELOPMENT FIRE/ARSON 180.00 INVESTIGATION TRAINING 07/07 07/17/07 2777 20140 MILO BENNETT CELL PHONE BATTERIES 250.53 07/07 07/17/07 2778 30490 CENTERPOINT ENERGY STATION 2 GAS 70.69 07/07 07/17/07 2779 31008 COMCAST INTERNET 95.00 07/07 07/17/07 2780 31137 CONNEXUS ENERGY STATION 1 ELECTRIC 293.35 07/07 07/17/07 2781 50120 EMERGENCY APPARATUS MAINT, II ENGINE 21 MTC 397.52 07/07 07/17/07 2782 60650 FRATTALLONE'S HARDWARE STOR ABSORBENT OIL 108.39 DRY /MISC 07/07 07/17/07 2783 70578 GRAINGER LAMPS 349.85 LAMPS 145.12 LAMPS 216.49 RETURN 167.58 - Total 2783 543.88 07/07 07/17/07 2784 80201 KALLI HAAPOJA SAFETY CAMP 416.00 PREPARATION 07/07 07/17/07 2785 120450 CITY OF LINO LAKES JUNE 27,535.21 REIMBURSEMENTS 07/07 07/17/07 2786 120490 LOFFLER COMPANIES, INC COPIER MTC 32.76 07/07 07/17/07 2787 130348 MCLEOD USA STATION 2 PHONE 397.15 07/07 07/17/07 2788 130460 METROCALL PAGERS 88.41 07/07 07/17/07 2789 130855 MN STATE FIRE DEPT ASSOC MEMBERSHIP DUES 198.00 7/07 -12/07 07/07 07/17/07 2790 140050 NFPA NATL FIRE CODES 697.50 SUBSCRIPTION 07/07 07/17/07 2791 140408 NEXTEL COMMUNICATIONS CELL PHONES 145.28 07/07 07/17/07 2792 160510 PRO RIDER, INC BIKE HELMETS 784.80 07/07 07/17/07 2793 170180 OWFST PHONF FXPFNSF 214 28 M = Manual Check, V = Void Check CENTENNIAL FIRE DISTRICT Check Register FIRE GL GL Posting Period(s): 07/07 - 07/07 Check Issue Date(s): 07/01/2007 - 07/17/2007 Page: 2 Jul 17, 2007 09:40am Per Date Check No Vendor No Payee Invoice Description Inv Amount 07/07 07/17/07 2794 180050 RDJ SPECIALTIES, INC ACTIVITY BOOKS 125.08 07/07 07/17/07 2795 220200 VERIZON WIRELESS COMMUNICATIONS 2.16 07/07 07/17/07 2796 240100 XCEL ENERGY ELECTRIC STATION 2 809.58 Totals: 34,366.87 M = Manual Check, V = Void Check • • • AGENDA ITEM 4A STAFF ORIGINATOR: David J. Pecchia, Chief of Police DATE July 23, 2007 TOPIC National Night Out, August 7, 2007 VOTES REQUIRED: Simple Majority BACKGROUND National Night Out was designed to heighten crime and drug prevention awareness, generate support and participation in local anticrime efforts, strengthen neighborhood spirit and police- community relations and send a message to criminals letting them know their neighborhoods are organized and fighting back. Residents lock their doors, turn on their outside lights from 6:00 pm to 9:00 pm and get together with their neighbors. National Night Out is for all neighborhoods and businesses in Lino Lakes, not just established neighborhood watch groups. Staff is requesting that council acknowledge and read the attached proclamation in our support of designating August 7, 2007 as National Night Out in the City of Lino Lakes. OPTIONS 1. Motion to Approve 2. Motion to Deny RECOMMENDATION Option 1 — Approve support of National Night Out Chief Pecchia announces that National Night Out is August 7, 2007. Please join the citizens of Lino Lakes in recognizing National Night Out. PROCLAMATION NATIONAL NIGHT OUT 2007 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide crime, drug and violence prevention program on August 7th, 2007 entitled "National Night Out'; and WHEREAS, the "24th Annual National Night Out" provides a unique opportunity for the City of Lino Lakes to join forces with thousands of other communities across the country in promotion cooperative, police- community crime prevention efforts; and WHEREAS, it is essential that all citizens of the City of Lino Lakes be aware of the importance of crime prevention programs and impact that their participation can have on reducing crime, drugs and violence in the City of Lino Lakes; and WHEREAS, police - community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program; NOW, THEREFORE, We, the Lino Lakes City Council, do hereby call upon all citizens of the City of Lino Lakes to join the Lino lakes Police Department and the National Association of Town Watch in supporting the "24th Annual National Night Out" on August 7, 2007. FURTHER, LET IT BE RESOLVED THAT, We the Lino Lakes City Council do hereby proclaim Tuesday, August 7, 2007 as "National Night Out" in the City of Lino Lakes. Julie Bartell, City Clerk John Bergeson, Mayor • • • • • • AGENDA ITEM 4B STAFF ORIGINATOR: David J. Pecchia, Chief of Police DATE July 23, 2007 TOPIC First Reading of Ordinance No. 08 — 07 City of Lino Lakes Crime Free Housing Code and Lino Lakes Police Department Safer Tenants and Rental (STAR) Program VOTES REQUIRED: Simple Majority Background The City of Lino Lakes is committed to proactively addressing crime. Preventing problems is always more effective than trying to deal with them after they occur. Police records in neighboring communities show that rental - housing properties have had higher crime rates than owner - occupied homes. Rental properties place larger numbers of people into more dense areas, thereby increasing crime opportunities. It is found that adequate protection of public health, safety and general welfare will improve in those rental developments that are certified under the Safer Tenants And Rentals program. The purpose of this program is to protect, preserve and promote the public health, safety and general welfare of The City of Lino Lakes, and to prevent crime in the City and to provide for the administration and enforcement of the STAR program. STAR CERTIFICATION LEVELS In order to be certified under any level of the STAR program, the criteria listed under that level must be met. Level "C" rated criteria - Statewide (Minnesota) Criminal History check of all applicants covering at least the last seven years. The checks must be completed "in- person" or by utilizing the most recent update of the state criminal history files. - Statewide Criminal History checks from the applicant's previous state of residence if the applicant is moving directly from the previous state. Any company that the owner contracts with to conduct Criminal History checks most meet the standards established by the Public Safety Department. Must have written "denial criteria" that must be provided to each applicant at the time of application. The criteria established for denial of applicants must apply equally to all persons regardless of race, color, creed, religion, national origin, sex, sexual orientation, disability, age, marital status, or status with regard to public assistance. All managers must attend eight hours of annual STAR training. Management must assist the Police Department in conducting resident crime prevention meetings when requested. Every prospective tenant eighteen (18) years of age or older shall be required to complete a tenant application. Every applicant shall submit proper photo identification, which must be either a current driver's license or state issued identification card. If the identification card is from another state other than the State of Minnesota, the lessee must require verification of the applicant's social security number. Applicants should be denied rental if the applicant misrepresents information on the application. If misrepresentations are found after a rental agreement is executed, the licensee should terminate the rental agreement. Level "B" rated criteria All criteria listed under Level C must be complied with. Statewide Criminal History checks of any applicant in their previous states of residence covering the last seven years if they have not resided in Minnesota for three years or longer. Criminal History checks of all applicants conducted in all seven counties in the metro Twin City area covering at least the last seven years including all misdemeanor, gross misdemeanor, and felony convictions. Level "A" rated criteria All the criteria listed under Levels B & C must be complied with. Criminal History checks in all counties the applicant has resided in for the past seven years or since turning eighteen years of age. Basic Physical Security Requirements Single cylinder dead bolt looks on external doors. High security strike plates with 3" screws. 180 degree eye viewers installed on front doors. Adequate security lighting on property. Proper trimming of bushes and shrubs. Anti lift/slide devices on ground level windows and sliding glass doors. - Business address prominently displayed and each unit number on every door. Approved video surveillance of underground parking. • • • • • • Telephones capable of dialing 911 in "common" areas (without requiring money deposit). Secure access to common areas. i.e. building entry, internal parking, pool /group activity areas. If permanent grill structures constructed they must be at least 15 feet from a structure Applicants include all prospective tenants eighteen years of age or older. Rental owners must provide documentation of compliance with all of the criteria in order to be certified. This does not include the actual results of the criminal history check, as this is not permissible under the Fair Credit Reporting Act. Criminal History checks on immigrants only need to be conducted in areas in the United States where the immigrant resided prior to applying for rental housing in Lino Lakes, not foreign countries. Tenant Screening Companies Listed below are the criteria for any company the Owner contracts with to perform tenant applicant Criminal History checks. Company must be bonded and /or insured. Criminal History checks can be subcontracted, but the company must have a process, with documentation, that conducts periodic, random verifications of criminal history checks conducted by subcontractors. Criminal History checks must go back a minimum of seven (7) years. Company must comply with legal requirements of the Fair Credit Reporting Act. The screening company must provide verification to the City of Lino Lakes that it complies with these criteria. Discrimination and Privacy This program shall be enforced in a non- discriminatory manner and exclusively for the purpose of promoting public safety as opposed to private welfare. Except as may be specifically provided herein or incidental to the enforcement hereof, this program is not intended to interfere with the personal privacy or with private legal rights and liabilities, including, without limitation, landlord /tenant and landlord /lessee relationships. In enacting and enforcing this program, The City of Lino Lakes neither expressly nor by implication assumes any obligations or liabilities respecting such private rights or disputes, including those which involve or arise out of the nonconformity of any premises in the City to the provisions of this Ordinance. Criteria for Application Denial The owner of rental housing developments must establish criteria for denial of rental applicants and provide the denial criteria to applicants prior to submittal of the application. The City of Lino Lakes does not establish "denial criteria ", but does provide a list of recommended denial criteria. Below is a list of recommended denial criteria: Conviction of any violent related Felony within the last seven years. Two or more violent - related Gross Misdemeanor convictions within the past seven years. Three or more violent - related or disorderly conduct Misdemeanor convictions within the last seven years. Any conviction for selling a controlled substance within the last seven years. Two or more convictions for possession of a controlled substance within the last seven years. Any eviction from a prior rental unit within the last three years for criminal behavior, disorderly conduct, public nuisance or related activity. Any convictions for a sex - related offense with the last "seven years. This includes "indecent exposure ", "window peeping ", "sexual assault ", "child molestation ", and "child pornography ". False "personal" information on the application, i.e. name, date of birth, social security number, prior addresses. Enforcement and Inspection Authority The Director of Public Safety and his /her designated agents and /or the Director of Community Development and his /her designated agents shall be the Compliance Official who shall administer and enforce the provisions of this program and who is hereby authorized to inspect records to ensure compliance with program provisions. OPTIONS 1. Motion to Approve 2. Motion to Deny RECOMMENDATION Option 1 • • • • • • STAFF ORIGINATOR: AGENDA ITEM 6Ai Mary Alice Divine DATE: July 23, 2007 TOPIC: Second Reading of Ordinance 06 -07, conveying City owned land to Greg Anderson Development, LLC Vote Required: Simple Majority BACKGROUND: At the July 9, 2007 city council meeting the council approved the first reading of an ordinance to sell three acres of city -owned property on Lake Drive to Anderson Builders for commercial uses. Council had questions regarding meeting city goals for realignment of 77th Street and additional questions for staff regarding the proposal. Council requested further discussion of these items at the second reading of the ordinance. The developers have proposed a commercial project in two distinct phases. The purchase agreement for consideration in this ordinance is for the sale of three acres of city property to be developed in substantial conformance to what the developers have proposed in the Development Plan (Exhibit H). This project is designed to stand on its own whether or not the 77th Street road realignment occurs or any further redevelopment of existing properties on Lake Drive south of 77th Street occurs. 77th Street Realignment Approval of this purchase agreement does not guarantee the realignment of 77th Street. Redevelopment of an area is a more multifaceted process than green site development and generally assumes phasing over a period of time. Working with one developer to accomplish the long term goals can lead to a smoother process and provide options to the city that are not currently available. Costs of property acquisition, demolition and infrastructure generally require a stronger partnership between the developer and the city to accomplish the goals of all parties. In addition, a phased development plan that includes the realignment presents opportunities for the most efficient commercial land use and can generate more tax dollars than could be generated by development of each existing residential site on its own. Short of the city taking the lead in redevelopment of the area, Anderson Builders is committed to private investment while working with the city to accomplish its goals. Anderson has demonstrated its commitment by negotiating control of two of the properties needed for the majority of the realignment of 77th Street. Preliminary estimates for reconstruction, land acquisition, building demolition, utility relocation etc. suggest costs in the range of $800,000. However, a feasibility study is required before actual costs are known. After consideration of selling the city -owned land to Anderson Builders, the council will consider a preliminary development agreement that sets out the actions that must occur to move forward with the realignment and additional commercial development. These activities allow for the developers to move ahead with their Phase I project and complete a site plan for future phasing. Meanwhile the city can complete a feasibility study for costs of the realignment, and determine what can be assessed to benefiting properties. In this instance, the developer is able to provide the city with assurance that the developer will transfer control of that portion of properties needed for realignment. This provides the city with site control it does not currently have for the future realignment. The cost of the right -of -way will be determined based on the developer's pro rata cost of acquiring the properties, not to exceed $12 /sq. ft. Once costs of realignment and applicable assessments are determined from the feasibility study, proceeds of the sale of the city property and assessments will be tools available for realignment of the road. Phase I Development Plan As requested by Councilmember Carlson, In Section 35(a) of the agreement, Special Provisions Relating to the Development, wording has been added so that the section reads" When Purchaser constructs building improvements on the Subject Property, "Purchaser shall construct such improvements in substantial conformance with the Development Plan (Exhibit H) to generally include approximately 26,900 sq. ft. of professional office, medical and multi - tenant retail development unless otherwise consented to by Seller, which consent will not unreasonably be withheld." Section 35(b) of the purchase agreement restricts uses on the property to ensure that the property will not be used for the purposes of a stand -alone fast food restaurant, gas station or auto repair or service facility, or an abortion clinic. Because the city is selling the land, the city council has an opportunity, if it so chooses, to set these parameters to encourage additional diversity of commercial uses in the Town Center. Sale Price of City Land An appraisal of the city property was completed in January 2007 that valued the city land at $1,118,000. Based on existing conditions, the actual purchase offer, and use restrictions within the development agreement, Springsted, Inc. recommended updating the appraisal. And updated appraisal in June 2007 placed the property's value at $815,000. The purchase offer is $830,000, with some adjustment that will be calculated for an existing storm water pond for Lake Drive. The city is not reducing the asking price of the land. Once the city received • • • • • an offer, staff followed up with an updated appraisal based on updated information. 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. There are several factors the city council can consider for the sale of city and and redevelopment of Lake Drive: • Tax benefits of increased market value • Leveraging additional private investment in the Town Center • Motivated and qualified developer • Opportunities for future realignment of 77th Street The city charter requires that disposal of any city property shall be done by ordinance. RECOMMENDATION: Staff recommends the Approval of the Second 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. Development Plan (Exhibit H) 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, Bik 2 Caroles Estates 2nd Addition Lot 14, Bik 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. • • • • ATTEST: Julie Bartell, City Clerk • • John Bergeson, Mayor 5/14/07 DA Draft 05/16/07 JLT 05/17/07 JLT 06/06/07 6/16/07 DA 6/25/07 DA 7/16/07 MAD (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, 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: 111/ (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 suffered any act or thing whereby the Subject Property or any part thereof or Purchaser, if it should acquire the Subject Property, may now or hereafter be charged or encumbered. (b) Seller has full right and authority to execute and deliver this Agreement and all documents and instruments required hereunder to be executed and delivered by Seller. (c) Seller has no actual knowledge of any generation, transportation, treatment, storage, disposal or release in or on the Subject Property by third parties, and Seller has not caused or permitted any generation, transportation, treatment, storage, disposal or release in or on the Subject Property (or in or on any other Property adjacent thereto which is or has been owned by Seller), of any so -called hazardous substances, residues or wastes (including specifically petroleum and related hydrocarbons and their byproducts, asbestos, and polychlorinated biphenyls) which are subject to Federal, State or local laws, rules, regulations, ordinances or other regulatory requirements (hereinafter called "Regulated Substances "), and Seller has no actual knowledge of any Regulated Substances on or off the Subject Property (or any other property adjacent thereto owned or formerly owned by Seller) which may support a claim or cause of action against the Subject Property or any owner thereof, whether by a governmental agency or body, private party or individual, under the environmental laws of the State of Minnesota or any other Federal, State or local environmental statutes, regulations, ordinances or regulatory requirements. The foregoing representations exclude all matters described in the environmental reports and correspondence listed on Exhibit F attached hereto. (d) Seller knows of no actual or pending litigation or claim which might adversely affect the Subject Property or its owner, as owner. (e) Neither the entering into of this Agreement nor the consummation of the transaction contemplated hereby will constitute or result in a violation or breach by Seller of any judgment or decree issued against or imposed upon Seller, or of any agreement to which Seller is a party or which binds the Subject Property, and, to the best of Seller's knowledge, will not violate any applicable law or regulation of any governmental authority. Further, to the best of Seller's knowledge, there is no action, suit, proceeding or investigation pending which would become a cloud on the title to the Subject Property or any portion thereof, or which questions the validity or enforceability of the transaction contemplated by this Agreement or any action taken pursuant hereto, in any court or by any federal, district, county or municipal department, commission, board, bureau, agency or other governmental instrumentality. • • • • • (f) Seller has no knowledge of any existing or alleged violation of law, municipal ordinance or other legal requirements of governmental authorities in respect to the Subject Property. (g) To the best of Seller's knowledge, there are no underground storage tanks on the Subject Property and all underground tanks previously located on the Subject Property have been removed from the Subject Property in accordance with all applicable laws, ordinances and regulations and all required certificates of closure and completion have been issued. (h) Seller is neither a "foreign person" nor a "foreign corporation" (as those terms are defined in Section 1445 of the Internal Revenue Code of 1986, as amended). (i) To the best of Seller's knowledge, there are no wells or private sewage disposal or septic systems on the Subject Property. (j) Neither Seller nor any of its agents or affiliates has appealed any real estate tax or assessment payable in respect to the Subject Property and has made no commitments or agreements with any taxing authorities in respect thereto relating to assessments payable for any year subsequent to 2006. (k) To the best of Seller's knowledge, no environmental reports have been made or prepared in connection with the Subject Property or adjacent properties owned or previously owned by Seller or its affiliates, nor does any environmental correspondence exist with any governmental agencies in respect to the Subject Property except those certain reports and correspondence listed on Exhibit F attached hereto, true and correct copies of which Seller has delivered to Purchaser. (1) To the best of Seller's knowledge, there are no tenants, persons or entities occupying any portion of the Subject Property and no claim exists against any portion of the Subject Property by reason of adverse possession or prescription. (m) Seller has not: (i) made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by Seller's creditors, (iii) suffered the appointment of a receiver to take possession of all, or substantially all, of Seller's assets, (iv) suffered the attachment or other judicial seizure of all, or substantially all, of Seller's assets, (v) admitted in writing its inability to pay its debts as they become due, or (vi) made an offer of settlement, extension or compensation to its creditors generally; and no attachments, assignments for the benefit of creditors, or insolvency, bankruptcy, reorganization, execution or other proceedings are pending or, to the best of Seller's knowledge, threatened against Seller or the Subject Property, nor are any such proceedings contemplated by Seller. (n) No work has been performed or is in progress at, and no materials have been furnished to, the Subject Property or any portion thereof by or on behalf of Seller which could give rise to any mechanic's, materialman's or other liens and no such liens are outstanding. (o) Seller has received no notice of condemnation of any portion of the Subject Property from any governmental authority. (p) To the best of Seller's knowledge, there are no deferred development fees or deferred park dedication fees applicable to the Land which Seller has requested to be deferred or which arise out of improvements which have been authorized by the City of Lino Lakes as of the date hereof. (q) To the best of Seller's knowledge, no obligations exist under any development agreements in respect to the Subject Property. (r) The consummation of the transactions contemplated by this Agreement will not violate any provisions of or constitute a default or result in the breach of any term or provision of any contract or written agreement to which Seller is a party so as to adversely affect the consummation of such transactions. (s) To the best of Seller's knowledge, the Subject Property has never been used as a dump or landfill except as disclosed in the documents listed on Exhibit F. (t) The Land is three separate parcels for taxing and conveyancing purposes and approved as such by the City of Lino Lakes and Anoka County. (u) There are no existing leases on the Subject Property. In the event any of the representations and warranties contained herein become untrue on or before the Date of Closing (hereinafter defined) as a result of information received by Seller or occurrences subsequent to the date hereof or otherwise, Seller shall promptly notify Purchaser. Seller will indemnify Purchaser, its successors and assigns, against and will hold Purchaser, its successors and assigns, harmless from, any loss, claim, damage or expense, including reasonable attorneys' fees, that Purchaser incurs because of the breach of any of the above representations • • • • and warranties, whether such breach is discovered before or after the Date of Closing. Notwithstanding the foregoing, Seller shall not be liable to Purchaser for any damages in the event Purchaser terminates this Agreement prior to Closing by reason of any of the representations and warranties made herein which are true as of the date hereof but become untrue after the date of this Agreement for reasons beyond the control of Seller. 3. Representation of Purchaser. Purchaser warrants and represents as of the date hereof as follows: (a) Purchaser has full right and authority to execute and deliver this Agreement and all documents and instruments required hereunder to be executed and delivered by Purchaser. (b) The consummation of the transactions contemplated by this Agreement will not violate any provisions of the organizational documents of Purchaser, or constitute a default or result in the breach of any term or provision of any contract or written agreement to which Purchaser is a party so as to adversely affect the consummation of such transactions. (c) Purchaser has not: (i) made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by Purchaser's creditors, (iii) suffered the appointment of a receiver to take possession of all, or substantially all, of Purchaser's assets, (iv) suffered the attachment or other judicial seizure of all, or substantially all, of Purchaser's assets, (v) admitted in writing its inability to pay its debts as they become due, or (vi) made an offer of settlement, extension or compensation to its creditors generally; and no attachments, assignments for the benefit of creditors, or insolvency, bankruptcy, reorganization, execution or other proceedings are pending, or, to the best of Purchaser's knowledge, threatened against Purchaser, nor are any such proceedings contemplated by Purchaser In the event any of the representations and warranties contained herein become untrue as of or before the Date of Closing as a result of information received by Purchaser or occurrences subsequent to the date hereof or otherwise, Purchaser shall promptly notify Seller. Purchaser will indemnify Seller, its successors and assigns, against and will hold Seller, its successors and assigns, harmless from, any loss, claim, damage or expense, including reasonable attorneys' fees, that Seller incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after the Date of Closing. 4. Purchase Price. Purchaser shall pay to Seller, in consideration for the purchase of the Subject Property, the sum of Six and 35 /100 Dollars ($6.35) multiplied by the number of "gross" square feet of usable property in the Land exclusive of the square foot area of the existing ponding area in southeast corner for Lake Drive storm drainage. Such "gross" area shall be as determined by survey to be prepared as required in Paragraph 5 herein. The purchase price shall be paid as follows: Ten Thousand and 00 /100 Dollars ($10,000.00) upon execution of this Agreement (hereinafter called "Earnest Money Deposit ") with Seller by Purchaser, and shall be held by Old Republic National Title Insurance Company ( "Title Company ") without interest. The ;balance of said purchase price and the Earnest Money Deposit, plus or minus (as the case may be) an amount which equals the cumulative result of all cash adjustments and proration required by this Agreement, shall be payable to Seller on the Date of Closing by means of a wire transfer to be received on the Date of Closing in Seller's designated bank account. All of the Earnest Money Deposit will be credited to the purchase price. 5. Evidence of Title /Survey/Environmental Report. Not later than the date ten (10) days after the date of this Agreement, Seller shall furnish to Purchaser at Seller's cost, except as hereafter provided a current commitment for an Owner's ALTA Form B 1992 policy of title insurance (including a special assessment) as to the Subject Property (including any appurtenant easements) issued by Title Company covering the Land and any appurtenant easements provided for herein with endorsements, if available, (a) deleting the creditor's remedies exclusion, (b) deleting the co- insurance provisions for new construction, and (c) deleting the arbitration requirement, and in an amount equal to the purchase price for the Subject Property, in which - 7 - - 6 5 - • • • • Title Company also indicates its requirements to provide extended coverage over the standard exceptions for survey, parties in possession, and mechanics' liens and a zoning endorsement (Form 3.0), and indicating that use under zoning regulations for purposes contemplated by Purchaser is permitted with associated parking, an access endorsement insuring access from all adjacent roadways, a "gap" endorsement, an ALTA Owner's Comprehensive endorsement, an endorsement insuring against all levied and pending special assessments against the Subject Property, a so -called "Sears" endorsement in the form attached hereto as Exhibit C and made a part hereof, and a subdivision endorsement insuring that the Subject Property is a separate parcel of real estate. Such commitment shall also include copies of all recorded documents referred to in the commitment. Purchaser shall be allowed until the date thirty (30) days after receipt of both the commitment and the survey described below for examination of title and survey and the making of any objections thereto, said objections to be made in writing or deemed waived. For purposes of this Agreement, Permitted Encumbrances shall not be title objections. If any objections are so made, Seller shall be allowed thirty (30) days after the notice of objection to make such title marketable, and Seller shall use commercially reasonable effort to do so. Seller shall pay off and satisfy of record any monetary and mechanic's liens and mortgages against the Subject Property at Closing. If title and survey objections are not cured and title is not made marketable all on or before the end of the thirty (30) day period above described, Purchaser shall by notice to Seller either: (a) Declare this Agreement null and void, and, in such event, Purchaser shall be entitled to a refund of all of the initial Earnest Money Deposit; or (b) Waive any defects in title, and, in such event, proceed to close the transaction contemplated by this Agreement, subject to the terms, covenants and conditions herein. If such objections are cured or waived and the title to the Subject Property is marketable or is made marketable as above provided, and Purchaser defaults in any of the agreements on its part to be performed under this Agreement, and continues in default for a period of thirty (30) days after written notice thereof is given to Purchaser by Seller, then Seller shall have the remedies described in Paragraph 13 hereof. At Closing, Seller shall cause the commitment to be endorsed to update the effective date through the date of recording, to delete the standard exceptions, and to show Purchaser as fee owner of the Subject Property. Further, Seller shall secure (at Seller's sole cost and expense) and deliver to Purchaser on or before the date thirty (30) days after the date of this Agreement a current survey of the Subject Property (herein called the "Survey ") prepared by a surveyor licensed in the State of Minnesota and reasonably selected by Seller, certified to Seller, Purchaser and Title Company and Purchaser's lender, if any, in a manner satisfactory to Purchaser, by such surveyor as being true, accurate and having been prepared in accordance with the current minimum detail for an Urban Land Title Survey jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping, and setting forth: (i) the legal description of the Subject Property; (ii) the location of all improvements thereon; (iii) all boundaries, courses and dimensions of the Land, and the dimensions of said improvements; (iv) all easements, building lines, curb cuts, parking, loading areas, sewage, water, electricity, gas and other utility facilities (together with the recording information concerning the documents creating any easements and building lines); (v) roads and means of ingress and egress to and from the Subject Property to all public roadways; (vi) the gross and "net" square footage of the Subject Property; -9- - 67 - • • • • • 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 and 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 been satisfied) as to land adjacent to the Land on terms and conditions acceptable to Purchaser. Seller shall take all reasonable and appropriate effort to reasonably cooperate with Purchaser to satisfy the conditions above. 10. Condition Allowing Termination by Purchaser. If any of the following conditions (which shall be for Purchaser's benefit and may be waived by Purchaser) occur: (a) Purchaser in its sole discretion disapproves, on or before the date ninety (90) days after the date of this Agreement, the condition of the soil, title, survey or environmental issues relating to the Subject Property or its potential found or determined to exist, as deemed appropriate by Purchaser, in respect to the Subject Property whether found during its due diligence effort or otherwise; or Purchaser determines that utilities, including electricity, storm sewer, sanitary sewer, gas and water utilities do not exist or are insufficient in capacity to serve the Proposed Facility and other full build -out of the Subject Property under current zoning relating to the Subject Property; or (b) Purchaser, in its sole discretion, cannot reach agreement with City of other agencies or persons or entities on or before the date ninety (90) days after the date of this Agreement, on the terms and conditions relating to the construction referred to in Paragraph 9(b); or (c) Purchaser fails to obtain all those approvals and confirmations and permits or fails to enter into the agreements described in Subparagraphs 9(c), 9(d) and 9(e) hereof on or before the date ninety (90) days after the date of this Agreement; or (d) Seller fails to reconfirm all representations and warranties made by Seller and contained herein as of the Date of Closing, or any of those representations or warranties are found to be untrue on or before the Date of Closing; or (e) Seller is in default under its covenants and agreements herein and Seller continues in default for a period of five (5) days after written notice of such default from Purchaser to Seller; or (f) Purchaser is unable on or before the date ninety (90) days after the date of this Agreement, to obtain an executed purchase agreement for land adjacent to the Land on terms and conditions acceptable to Purchaser and with all contingencies satisfied; • • • • • • then, and in any such event, Purchaser shall have the right to terminate this Agreement by written notice to Seller given on or before the date ten (10) days after the end of the applicable contingency period (as it may have been extended), and on such termination all payments received by Seller pursuant to this Agreement together with accrued interest shall be paid by Seller to Purchaser; provided, however, if termination occurs after such date, all of the initial Earnest Money Deposit shall be retained by Seller (subject to the provisions of Paragraphs 5, 13, and 24 hereof). 11. Brokerage Fees. Purchaser and Seller each represent and warrant to the other that they have not incurred any obligation or liability, contingent or otherwise, for brokerage or finder's fee or agent's commissions or other like payment in connection with this Agreement or the transaction contemplated hereby, and Purchaser and Seller each agree to indemnify, defend and bold 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 parry 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 DeedTax and the cost of furnishing a title commitment to Purchaser in the manner required by the provisions of Paragraph 5 hereof, and Purchaser shall pay for the cost of any policy and all endorsements (except affidavits referred to in Paragraph 8(iii)) issued in connection therewith. (e) (Intentionally Deleted) (f) Seller and Purchaser shall each pay one -half (1/2) of any closing fee required by Title Company to close the transaction contemplated by this Agreement. (g) Seller and Purchaser shall each pay all of the costs and fees charged by their respective legal counsel. (h) Except for those items to be prorated as hereinafter set forth and obligations specifically assumed by Purchaser, Seller shall be solely liable for the payment of all costs and expenses, liabilities, obligations and claims arising out of the ownership, management, maintenance or operation of the Subject Property accruing prior to the Date of Closing; and Seller hereby agrees to defend, indemnify and hold Purchaser forever harmless therefrom. (i) Seller shall pay any deferred charges or taxes in respect to the Land as of Closing. Further, Seller shall pay all levied, pending or deferred charges or assessments arising out of public improvements authorized or installed prior to Closing by the City of Lino Lakes. • • • • • (j) Purchaser shall pay any trunk sewer and water charges, if any, payable in respect to the Land in connection with Purchaser's development of the Subject Property or otherwise. 13. Remedies. In the event Seller shall default in the performance of any of its obligations hereunder prior to Closing and continues in default for a period of ten (10) days after written notice of such default from Purchaser to Seller, Purchaser shall have the right to terminate this Agreement, in which event Seller shall return to Purchaser the entire Earnest Money Deposit and all payments theretofore made to or for the benefit of Seller. Notwithstanding anything contained in this Agreement to the contrary, such right and remedy of Purchaser shall not deprive Purchaser of the right of commencing legal proceedings for damages. Such damages for pre - closing breach of this Agreement shall not exceed the sum of (a) the amount of the Earnest Money Deposit and (b) all costs of "due diligence" and development expenses incurred by Purchaser in connection with its Proposed Facility, which sum shall in no event exceed $60,000.00. Purchaser shall also have the option of enforcing specific performance of this Agreement, provided this Agreement has not been terminated as aforesaid and provided action to enforce such specific performance is commenced within six (6) months after any such right of action arises. In the event Purchaser shall default in the performance of any of its obligations under this Agreement prior to Closing, Seller shall have the right (after written notice of default from Seller and failure of Purchaser to cure the default or commence to cure the default within thirty (30) days after such notice) to terminate this Agreement, in which event Seller shall be entitled to the Earnest Money Deposit and all prior payments hereunder to Seller, as liquidated damages and not as a penalty. Purchaser agrees that, in the event of a default by Purchaser hereunder, Seller's damages would be difficult or impossible to determine and that an amount equal to the Earnest Money Deposit and such other payments by Purchaser to Seller is a fair estimate thereof. Notwithstanding anything herein to the contrary, such right and remedy of Seller shall be Seller's sole remedy in the event of a pre - closing default by Purchaser hereunder. Purchaser shall not be liable for damages or for specific performance. 14. Notice. Any notice, demand, request, or other communication which may or shall be given or served by Seller to or on Purchaser, or by Purchaser to or on Seller, shall be deemed to have been given or served on the date the same is deposited in the United States mail, registered or certified, postage prepaid, and addressed as follows: (a) If to Seller: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Attn: Mary Alice Divine (b) If to Purchaser: with a copy to: Greg Anderson Development, LLC 3555 Louisiana Avenue South St. Louis Park, MN 55426 Attn: Greg Anderson James L. Tucker, Esq. Gray, Plant, Mooty, Mooty & Bennett, P.A. 500 IDS Center 80 South Eighth Street Minneapolis, MN 55402 -3796 (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 • • • 111/ such notice is personally delivered or delivered by overnight courier service, or on the day such • • notice is mailed, if mailed in accordance with this section. 15. Continued Enforceability of Provisions. Any covenants contained herein that are not completed or satisfied prior to the Date of Closing shall continue in full force and effect in accordance with their terms subsequent to the Date of Closing and shall not merge in the Closing documents. All representations and warranties shall survive Closing and shall not merge in the Closing documents. Any conditions to Closing shall be deemed waived at Closing unless otherwise agreed in writing contemporaneous with Closing. 16. Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties and no other agreements prior to this Agreement or contemporaneous herewith (except written contemporaneous agreements) shall be effective except as expressly set forth or incorporated herein. Neither Seller nor Purchaser shall be bound by, or be liable for, any other warranties or other representations made by any person, partnership, corporation or other entity unless such other warranties or representations are set forth in a written instrument duly executed by such respective party subsequent to the date hereof. Purchaser acknowledges to Seller that, in entering into this Agreement, Purchaser is not relying on any representations or warranties except those expressly set forth herein or in other Closing documents. Any purported amendment hereto shall not be effective unless it shall be set forth in writing and executed by the parties hereto, or their respective successors or assigns. 17. Binding Effect; Assignment; Waiver. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns; provided, however, neither Purchaser nor Seller shall be released from its liability hereunder and the applicable assignee shall expressly assume in writing the obligations of its assignor thereunder in a form reasonably acceptable to the other party. Notwithstanding the foregoing, Purchaser may assign this Agreement prior to or contemporaneous with Closing or designate any third party to take title at Closing; provided, however, no such assignment or designation shall release Purchaser from liability hereunder. No waiver of any provision of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. Purchaser may designate a nominee to take title to the Subject Property and to receive all assignments and transfers to be provided by Seller to Purchaser herein. 18. Rules of Interpretation. (a) This Agreement shall be interpreted and governed by the laws of the State of Minnesota. (b) The headings of paragraphs and sections contained herein are for convenience only and in no way define, limit or describe the scope or intent of this Agreement. (c) Time shall be of the essence of this contract. (d) Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 19. Exhibits. The following exhibits are attached hereto and made a part hereof: Exhibit A: Legal Description Exhibit B: Permitted Encumbrances Exhibit C: Form of "Sears" Endorsement Exhibit D: FIRPTA Affidavit Exhibit E: Seller's Affidavit • Exhibit F: List of Environmental Reports and Correspondence • • Exhibit G: Personal Property and Equipment to be removed by Seller prior to Closing Exhibit H: Development Plan 20. Seller's Restrictions. From and after the date hereof, and except as herein expressly provided, Seller shall not directly or indirectly: (i) make any alterations or changes in or about the Subject Property; (ii) create or incur or permit to exist any mortgage, lien, pledge or other encumbrance not presently in existence in any way affecting the Subject Property or any refinancing thereof or replacement, extension or renewal thereof other than liens, pledges, or encumbrances which do not prevent or interfere with Purchaser's rights herein, and other than the lien of unpaid real estate taxes; (iii) commit any waste or nuisance on the Subject Property; (iv) convey any interest in the Subject Property; or (v) advertise or take affirmative steps to market or sell or negotiate or carry on discussions for the sale of the Subject Property to any third party. 21. (Intentionally Deleted) 22. Relationship. Nothing contained in this Agreement shall constitute or be construed to be or create a partnership, joint venture or any other relationship between Seller and Purchaser other than the relationship of a buyer and seller of real or personal property as set forth in this Agreement. 23. Exhibits/Modifications. All exhibits attached hereto contain additional terms of this Agreement. Typewritten or handwritten provisions inserted in this form or attached hereto shall control all printed provisions in conflict therewith. 24. Condemnation or Eminent Domain. In the event of any condemnation or eminent domain proceedings for any public or quasi- public purposes at any time prior to Closing resulting in the taking or proposed taking of any part or all of the Subject Property, Purchaser shall have the option (i) to cancel this Agreement, in which event the Eamest 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 Information. Seller hereby agrees on execution of this Agreement to deliver to Purchaser copies of all information under its control relating to the Subject Property including but not limited to geotechnical reports, environmental reports, wetland reports, drawings and specifications, surveys, development records, appraisals, warranties, operating statements, and other information related to the Subject Property in Seller's possession or control • • • • • • or otherwise available to Seller. At Purchaser's request Seller will cause such reports and surveys to be certified to Purchaser or reliance letter to be provided to Seller in form reasonably acceptable to Purchaser, all at no cost to Purchaser. 28. Authority. The parties executing this agreement on behalf of Purchaser and Seller, respectively, represent and warrant that they have secured all required approvals and consents to execute this Agreement so that upon execution it is the valid and binding agreement of Purchaser and Seller, respectively. 29. Condition. This Agreement shall be void if not executed by Seller and delivered to Purchaser on or before , July 27. 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 • • • 110 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 HI) to generally include approximately 26,900 sq. ft. of professional office. medical and multi - tenant retail development unless otherwise consented to by Seller, which consent will not unreasonably be withheld. • • • • (b) At Closing the parties agree that the Subject Property will be conveyed subject to a restriction that the Subject Property will not be used for purposes of: (i) A stand -alone fast food restaurant with drive - through window; (ii) A gas station or auto repair or service facility. (iii) An abortion clinic IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year first above written. SELLER: PURCHASER: CITY OF LINO LAKES GREG ANDERSON DEVELOPMENT, LLC By: By: Its: Its: • • EXHIBIT A Legal Description Lots 12, 13 and 14, Block 2, Carol's Estates Second Addition, Anoka County, Minnesota _83_ • • • • • • 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 Tnsured 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 shall 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 unable to obtain such reinsurance or co- insurance as may be required in order for it to issue the full amount of additional insurance for which application is made. The total liability of the Company under said policy and any endorsement thereto shall not exceed, in the aggregate, the face amount of this policy and costs which the Company is obligated under the Conditions and Stipulations thereof to pay. This endorsement, when signed by an authorized office or agent, is made a part of said policy as of the policy date thereof and is subject to the Schedules, Conditions and Stipulations and Exclusions from Coverage therein contained, except as modified by the provisions hereof. Title Insurance Company By: Agent or Validating Officer • • • • • • EXHIBIT D NON - FOREIGN TRANSFEROR'S CERTIFICATION (Entity Transferor) Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest by [name of transferor], the undersigned hereby. certifies the following on behalf of [name of transferor]: 1. [Name of transferor] is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. [Name of transferor]'s U. S. employer identification number is 3. [Name of transferor]'s office address is ; and 4. [Name of transferor] is not a "disregarded entity" as defined in IRS Regulation 1.1445- 2(b)(iii). [Name of transferor] understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment or both. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of [name of transferor]. Date: , 20 Signature Title EXHIBIT E SELLER'S AFFIDAVIT • • • • 1. None • • EXHIBIT F ENVIRONMENTAL REPORTS AND CORRESPONDENCE EXIT G PERSONAL PROPERTY AND EQUIPMENT TO BE REMOVED BY SELLER PRIOR TO CLOSING 1. None • • • • • EffiBIT H DEVELOPMENT PLAN Conceptual Depiction of Redevelopment Project ITY OWNED PROPERTY AwAll Street • • STAFF ORIGINATOR: AGENDA ITEM 6Aii Mary Alice Divine DATE: July 23, 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 (Exhibit B) 4. Conceptual Depiction of Redevelopment Project (Exhibit C) 5. Assessment Agreement (Exhibit D) • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 07 -100 APPROVING A PRELIMINARY DEVELOPMENT AGREEMENT WITH GREG ANDERSON DEVELOPMENT, LLC WHEREAS, the Developer currently controls certain property which is described in Exhibit A hereto (the "Property "); and WHEREAS, the City desires to initiate a Right -of -way realignment project conceptually depicted on Exhibit B hereto (the "Realignment Project ") and promote redevelopment of the Property; and WHEREAS, the Developer has proposed to transfer a portion of the Property needed for the Realignment Project and redevelop the Property for commercial /retail purposes as conceptually depicted as Exhibit C hereto (the "Redevelopment Project "); and WHEREAS, if undertaken and completed, the Realignment Project and Redevelopment Project together would help meet the City's goal of installing efficient and functional infrastructure, increasing the local commercial tax base, providing increased employment and services in the City and meeting the physical development goals of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City of Lino Lakes hereby approves the Preliminary Development Agreement with Greg Anderson Development, LLC. The Mayor and City Administrator are hereby authorized to execute on behalf of the City the Preliminary Development Agreement, and to carry out, on behalf of the City the mutual covenants and obligations set forth herein. Adopted by the Council of the City of Lino Lakes this 9th day of July, 2007. Julianne Bartell, City Clerk John Bergeson, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: • • • Revised 06/18/07 DA Revised 6/27/07 DA/MD • • PRELIMINARY DEVELOPMENT AGREEMENT THIS AGREEMENT, dated as of this day of , 2007 (the "effective Date ") is entered into by and between the City of Lino Lakes (the "City "), a municipality under the laws of the State of Minnesota and Greg Anderson Development LLC, a Minnesota limited liability company (the "Developer "): WITNESSETH: WHEREAS, the Developer currently controls certain property which is described in Exhibit A hereto (the "Property "); and WHEREAS, the City desires to initiate a Right -of -way realignment project conceptually depicted on Exhibit B hereto (the "Realignment Project ") and promote redevelopment of the Property; and WHEREAS, the Developer has proposed to transfer a portion of the Property needed for the Realignment Project and redevelop the Property for commercial/retail purposes as conceptually depicted as Exhibit C hereto (the "Redevelopment Project "); and WHEREAS, if undertaken and completed, the Realignment Project and Redevelopment Project together would help meet the City's goal of installing efficient and functional infrastructure, increasing the local commercial tax base, providing increased employment and services in the city and meeting the physical development goals of the City. NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and obligations set forth herein, the parties agree as follows: A. Actions to be taken by City and Developer. The City and Developer will complete the following items within the time durations provided herein: (1) By September 15th, 2007, the City will complete a preliminary feasibility study of the Realignment Project. The study shall detail the area and dimensions of the Property necessary for the Realignment Project, and the total estimated cost of the Realignment Project inclusive of all design, engineering, right -of way acquisition, permitting, legal, administrative and construction costs associated with the Realignment Project; (2) By October 1s`, 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 1st, 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 1st, 2007, the parties will negotiate in good faith the specific terms and conditions of a definitive Purchase Agreement (i) establishing the requirements for conveying the necessary portion of the Property to the City for the Realignment Project; (ii) establishing the purchase price for the right -of -way, which shall equal the amount of Developer's pro rata costs of acquiring the Property (including, but not limited to, purchase price, and costs of surveys, professional fees, testing, and other costs incurred to acquire the property) not to exceed $12.00 per square foot for such right -of -way purchased; (iii) causing the existing 77th Street right -of -way to be vacated or conveyed to Purchaser without cost to Purchaser (5) By December 1st, 2007, the parties will negotiate in good faith the specific terms and conditions of a Special Assessment Agreement identifying the improvements and establishing the amount, terms and conditions of the assessment to be levied against the Property in the form of Exhibit D hereto. B. Costs and Expenses. Except as otherwise provided herein, each party is responsible for paying its own costs and expenses during the period of this Agreement. C. Obligations of the City. The City agrees that this is an exclusive Agreement and that it will not negotiate or contract with another party concerning the Realignment Project or Redevelopment Project related to the Property during the term of this Agreement. D. Property Information. The City agrees to provide the Developer copies of all reports, surveys, studies (including soils reports, environmental studies, and updated ALTA survey) and other information that is available to it or produced in conjunction of preparing the feasibility study for the Realignment Project contemplated under this agreement. E. Transfer or Assignment. The Developer shall not assign or transfer its rights under this Agreement in full or in part without the prior written consent of the City. Such assignment or transfer shall not be unreasonably withheld by City. F. Default and Termination of Agreement. (1) If the Developer defaults in the performance of one or more of its obligations under this Agreement ( "Developer Default "), the City may terminate this Agreement. The Developer shall have no further obligations to the City if the Agreement is terminated due to a Developer Default. 2 - 9 7 - • • • • (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, return 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. I. No Final Agreement. This Agreement does not constitute a Purchase Agreement. The Developer has no legal rights in the Property by executing this Agreement. The City's obligations under this Agreement are limited to those set forth herein with no other implied obligations. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed as of the day and year first above written. (SIGNATURES APPEAR ON THE FOLLOWING PAGE) CITY OF LINO LAKES By: Its: GREG ANDERSON DEVELOPMENT, LLC By: Its: 4 - 9 9 - • EXHIBIT A Description of Property Lot 3, Auditors Subdivision 134, Anoka County, MN Lot 4, Auditors Subdivision 134, Anoka County, MN • POSSIBLE FUTURE DEVELOPMENT EXHIBIT C PINECREST AT 77th Phase 1 Clinic/Retail Realigned Street A ccess Shared Future Development ,' Mixed Use 7 16 Ponding _1 / k :r* -s" ,yocv Shared Parking Access .AC,4C't / Phase 2 i/ Restaurant jr Access tam 6S' Shared Parkng1 57*-1 'OfFic.,6 /t2 tco s Access Right -In/Right-Out / /// NC L- Mxar btSe VeVet,t)FMe1\)T ,I;VoVe-OPMet,17 cecetrrives, Quality Design Architectural Theme Cohesive Development ANDERSON B U 1 L E R S Mohagen Hansen Architecturar Group SEStlizzzoria 24r • • • 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, Mumesota, a mtmicipal 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 requure 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 nhRllenge 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 liabiiity 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 cha11 be payable commencing with the ad valorem taxes clue 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 lvfmnesota Municipal Corporation Greg Anderson Development, LLC STATE OF MINNESOTA ) ss. COUNTY OF ANOKA By: Its: Mayor By: Its: City Administrator The foregoing instrument was acknowledged before me this day of 200_, by , the Mayor, and , the City Administrator , of the City of Lino Lakes, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 2005, by , the Chief Manager of Greg Anderson Development, LLC. Notary Public 9 -104- • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 6Aiii Michael Grochala July 23, 2007 Consideration of Resolution No. 07 -110, Authorizing Preparation of Feasibility Study, 77th Street Realignment Project. ACTION REQUIRED: 4/5 Vote BACKGROUND The City of Lino Lakes is currently considering the sale of city owned property lying immediately north of the existing 77th Street. As part of the consideration for the sale the City is contemplating the realignment of 77th Street to match into the existing signalized Market Place Drive intersection. TKDA, the City's Engineer, has submitted a proposal to complete a feasibility study for the proposed roadway improvements. TKDA is proposing to complete the study for a cost of $11,600. The study is proposed to be funded, on an interim basis, from the Economic Development and Planning budgets. It is anticipated that, if the project moves forward the feasibility study costs will be recovered from the project financing. RECOMMENDATION Staff is recommending approval of Resolution No. 07 -110. ATTACHMENTS 1. Resolution No. 07 -110 2. TKDA Proposal 3. Proposed Alignment Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -110 RESOLUTION AUTHORIZING PREPARATION OF FEASIBILITY STUDY FOR 77th STREET REALIGNMENT PROJECT. WHEREAS, it is proposed to improve 77th Street from Lake Drive to Maryland Drive on a new alignment connecting with Market Place Drive by street, storm sewer, sanitary sewer, water main, sidewalk and traffic signal improvements; and WHEREAS, the City proposes to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota States, Chapter 429, and Chapter 8 of the Lino Lakes City Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost - effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this23rd 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. 2 -106- • POSSIBLE FUTURE DEVELOPMENT • TKDA ENGINEERS • ARCHITECTS • PLANNERS July 17, 2007 Mr. Gordon Heitke City Administrator City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Re: Authorization for Professional Services 77th Street Feasibility Study Dear Mr. Heitke: 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 -2140 (651) 292-4400 (651) 292 -0063 Fax www.tkda.com Enclosed please find three originals of the referenced Authorization presented for review and approval. If acceptable to the City of Lino Lakes, please have all three originals signed and return two to our office. We will return one fully- executed original to you after our signature. We appreciate having the opportunity to serve you. If you have any questions, or wish to discuss this Authorization further, please feel free to contact me. Lorne G. Wikstrom, P.E. Project Engineer LGW:adh Enclosures cc: Jim Studenski, City Engineer An Employee Owned Company Promoting Affirmative Action and Equal Opportunity • • • CITY OF LINO LAKES, MINNESOTA AUTHORIZATION FOR PROFESSIONAL SERVICES TO: Toltz, King, Duvall, Anderson and Associates, Incorporated 444 Cedar Street, Suite 1500 St. Paul, Minnesota 55101 -2140 Pursuant to our Agreement dated March 8, 1993, as amended on January 18, 1994, you are hereby authorized to proceed with the professional services described as follows: 77TH STREET FEASIBILITY STUDY I. PROJECT DESCRIPTION The Project consists of the preparation of a Feasibility Study for reconstruction and realignment of street and utilities, along with stormwater and traffic signal improvements, for 77th Street from Lake Drive to approximately 800 feet west in the City of Lino Lakes. Hereinafter the City of Lino Lakes is referred to as the OWNER. II. SERVICES TO BE PROVIDED BY TKDA TKDA is requested to provide the following services. A. Investigate and analyze two alignments, including relative right -of -way impacts, for the purpose of comparing the alignments and recommend a preferred alignment. B. Prepare a preliminary design based on the preferred alignment with sufficient detail to prepare a preliminary Feasibility Report. The preliminary design will include watermain, sanitary sewer, storm sewer, and street construction. Stormwater management needs and traffic signal modifications will also be addressed. C. Meet with Anoka County representatives to review any impacts on the County's roadway system. D. Identify right -of -way impacts, including right -of -way and easement needs. E. Prepare an Opinion of Probable Construction Cost for the preferred alignment. F. Prepare a preliminary assessment role. G. Prepare the preliminary Feasibility Report in conformance with Minnesota Statutes 429.031. H. Present the preliminary Feasibility Report to the City Council. Deliverables include: 1. Preliminary Feasibility Report in conformance with Minnesota Statutes 429.031. 2. Preliminary assessment roll. 3. Preliminary right -of -way -and easement needs. III. ADDITIONAL SERVICES If authorized in writing by the OWNER, TKDA shall furnish or obtain from others Additional Services of the types listed below which are not considered as normal or customary services. Additional Services shall be compensated for on an Hourly Rate basis as defined in Article 3 of the Basic Agreement, a part hereof, and such compensation shall be over and above any maximums or lump sum amounts set forth in this Authorization. A. Additional meetings beyond those identified in SECTION II. B. Final design services including topographic surveying and mapping, geotechnical investigations, construction plans and specifications, and bid documents. C. Construction phase services. IV. OWNER'S RESPONSIBILITIES The OWNER'S responsibilities shall be as set forth in Article 8 of the Basic Agreement and as further described or clarified herein below: A. Designate one individual to act as a representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. B. Provide prompt feedback indicating the preferred alignment, following receipt of the two alignment alternatives. C. Furnish TKDA with mapping, property information, and other available information needed for the study. D. Provide review of materials furnished by TKDA in a reasonable and prompt manner so that the Project Schedule can be maintained. • • • • • V. PERIOD OF SERVICE TKDA shall commence work immediately upon receiving the signed Authorization, and complete the Feasibility Report by September 15, 2007. TKDA will present the report at a City Council meeting on a later date to be determined. VI. COMPENSATION Compensation to TKDA for services provided as described in SECTION II shall be on an Hourly Rate basis in an amount not to exceed $11,600. Any services provided by TKDA that would result in costs or person -hour effort in excess of the specified amounts shall be classified as "Additional Services ". Such services shall not be provided without the OWNER'S approval. Approved at a meeting of the City Council on , 2007. By Attest Consultant Acceptance by , 2007. Authorized TKDA Representative AGENDA ITEM 6B STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: July 23, 2007 TOPIC: Resolution No. 07 - 87, Approving Conditional Use Permit AFT — Earth Material Excavation (6497 12th Avenue South) Vote Required: Simple Majority BACKGROUND AFT is applying for a Conditional Use Permit for earth material excavation near the southwest corner of the intersection of Birch Street (CSAH 34) and 12th Avenue South. The site consists of a 35.4 acre parcel (6510 12th Avenue South) and a 10.34 parcel (6497 12th Avenue South) located on the west side of 12th Avenue South and the south side of Birch Street, as shown on the attached Exhibit A. The amount of material proposed for excavation from the site is approximately 60,000 cubic yards, with all of the excavated material being hauled to and deposited on The Preserve development (Integra Homes Site). The grading plan (attached Exhibit B) dated May 31, 2007, displaying the site layout, proposed excavation areas, silt fence locations, and existing wetlands has been adjusted since the May 9, 2007 Planning and Zoning meeting. The hauling route has also been adjusted since the Planning and Zoning meeting to minimize use of City roadways as shown on attached Exhibit C. A conditional use permit may be issued if all the criteria have been met as defined in the resolution of this report. Section 3, Subdivision 12 of the zoning ordinance for Earth Moving and Land Reclamation provides a list of conditions as a prerequisite that the City may use for granting a permit. Those conditions that the City may deem necessary are as follows: 1. Properly fence any pit or excavation, and barricade entrances to prevent the general public from depositing garbage or refuse. 2. Slope the banks, and otherwise guard and keep any pit or excavation in such condition as not to be dangerous because of sliding or caving banks. 3. Properly drain, fill, or level off any pit or excavation so as to make the same safe and healthful as the permitting authority may determine. 4. Limit the depth of such excavation to an elevation no lower than the minimum floor elevation for building construction as established by the City Engineer, so as not to diminish development potential of the parcel. 5. Limit any fill material to clean fill, defined as rock, sand, gravel, clay, or other like and similar non - decomposable material. Concrete, asphalt, metal, wood, and other debris shall be prohibited. -112- AIT CUP — Materials Storage (6497 1211 Avenue South) ID Page 2 of 7 6. Require that all decomposable material, or other unsuitable foundation material, be removed from an area before deposition of fill begins. 7. Prepare a site plan showing existing and proposed grade elevations and effect of storm water drainage on adjacent areas. 8. Specify a time when the excavation or land reclamation project shall be completed. 9. Place a minimum of four (4) inches of top soil over the completed project and establish appropriate ground cover within sixty (60) days of completion, or in a time period consistent with the City's storm water management and pollution prevention plan. 10. Reimburse the City for the cost of periodic inspections by the City for the purpose of determining that the terms under which the permit has been issued are being complied with. 11. Implement the tree preservation plan. 12. In addition to a conditional use permit, the City Engineer may determine that permits in excess of twenty -five thousand (25,000) cubic yards require the applicant to conduct a neighborhood meeting and to notify affected property owners within one - quarter (1/4) mile. 13. Post a form of security and sum as the permitted authority may require, running to the City, conditioned to pay the City the cost and expense of repairing or cleaning any highways, streets, or other public ways within the City made necessary by the special burden resulting from transporting thereon by the applicant material to or from the site, the amount of such cost to be determined by the Council; and conditioned further to comply with all the requirements of this Ordinance and the particular permit, and to save the City free and harmless from all suits or claims for damages resulting from the negligent excavation, removal, storage, or filling of rock, sand, dirt, gravel, clay, or other like material within the City. 14. Other conditions deemed appropriate to the application by the permitting authority. The Preserve preliminary plat, Resolution 06 -137 was approved at the August 28, 2006 City Council Meeting. The preliminary plat for The Preserve is shown on the attached Exhibit C. • • AIT CUP — Materials Storage (6497 12th Avenue South) Page 3 of 7 The properties at 6510 12th Avenue South and 6497 12th Avenue South are owned by Alwin and Agnes LaMotte. An application for Grading Permit that names AFT as the general contract has been submitted to the City by Alwin and Agnes LaMotte. The City has sent a public hearing notice to the surrounding home owners to inform them of the proposed Conditional Use Permit and has invited anyone wishing to be heard regarding this item to attend the public hearing. This Conditional Use Permit has been forwarded to the Anoka County Highway Department. Anoka County will not require any permits since the access to the site does not use a County Road. The Conditional Use Permit was submitted to the City on April 9, 2007. A letter was sent to the applicant to extend the deadline for 60 days (120 total days). The deadline for the Conditional Use Permit in which the City must take action is August 5, 2007. This date requires the City Council to take action by their July 23 meeting. ANALYSIS Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area. Also, attached are Exhibits D and E that show the Existing Zoning and Guided Land Use respectively. Locatio n Existing Land Use Guided Land Use Existing Zoning Site Rural Low Density Sewered Residential Single Family Executive North Single Family Executive PDO Low Density Sewered Residential Single Family Executive PDO South Single Family Executive and Single Family Executive PDO Low Density Sewered Residential Single Family Executive and Single Family Executive PDO East Single Family Executive and Rural Low Density Sewered Residential Single Family Executive and Rural West Single Family Residential Low Density Sewered Residential Single Family Residential AIT CUP — Materials Storage (6497 12th Avenue South) Page 4 of 7 SITE PLAN Buildings: Two homes and four outbuildings exist on the site. The homes and outbuildings will not be affected by the site excavation. Traffic: The proposed haul route for the excavated materials from the AFT excavation site to The Preserve will utilize the Lamotte Parcel and the City owned Birch Park as shown on attached Exhibit C. From Birch Park the following City streets will be utilized for hauling; Pheasant Run South (Birch Park to south end), Aspen Lane (Pheasant Run South to Killdeer Drive), Killdeer Drive (Aspen Lane to south end) . The estimated number of scrapper trips to haul the 60,000 cubic yards is 3,530. Scapper hauling would be restricted to 8:OOam to 4:30pm Monday through Friday and 9:OOam to 4:30pm on Saturday with no construction activity allowed on Sunday. Anoka County will not require any permits. Temporary Trench Crossing Units will be used to cross the ditch section and the wetland area just east of Birch Park. Grading /Drainage: Attached Exhibit B is a grading plan for the earth materials excavation site, which details the proposed excavation on the site. An Erosion and Sedimentation Control Plan along with a Storm Water Pollution Prevention Plan (SWPPP) have been submitted to the city, which address requirements under the National Pollution Discharge Elimination Systems (NPDES) General Permit for the site. The City will conduct regular inspections of the site to ensure that all NPDES General Permit requirements are being met. The wetlands on the site have been delineated and are shown on the attached Exhibit B and C. Wetlands will not be affected by the excavation or grading. Excavation will occur below the water table. Attached is a memorandum dated April 23, 2007 addressing any impacts and concems. The grading plan and conditional use permit has been submitted to the Rice Creek Watershed District (RCWD) for their review and approval. On May 30, 2007 they granted the LaMotte Project Conditional Approval Receipt of Changes (CAPROC). Tree Preservation Plan: The applicant shall provide a tree preservation plan. The tree preservation plan shall be completed in accordance with the City Tree Preservation Policy. A tree preservation • • AIT CUP — Materials Storage (6497 12th Avenue South) Page 5 of 7 plan will not be required if the excavation materials are moved at least 50 feet from the existing trees. RECOMMENDATIONS: 1. A Stormwater Pollution Prevention Plan (SWPPP) in accordance with Minnesota Pollution Control Agency (MPCA). The SWPPP must contain the name and a 24 -hour telephone number of the responsible manager of the SWPPP. All references to MNDOT seed mix must be changed to the City native seed mix. 2. Silt fence must be added around the excavation for safety reasons. 3. Properly fence and barricade entrances to prevent the general public from depositing garbage or refuse. 4. Must provide a tree preservation plan or limit excavation of material to a minimum of 50 feet from any trees. 5. All material hauling activity must use the designated haul route shown on Exhibit C. The haul route will cross the LaMotte property to the City owned Birch Park. From Birch Park the haul route will enter city streets to access The Preserve using two routes; 1) Enter Pheasant Run South on the north side of Birch Park and continue on Pheasant Run South to the east side of the The Preserve; 2) Enter Pheasant Run South on the North Side of Birch Park to Aspen Lane and then South on Killdeer Drive to the west side of The Preserve. 6. All areas and City Streets where hauling activity occurs will be video taped previous to excavation commencing at the site. The applicant will be responsible for repairing any damage to City streets or park caused by the hauling activity. 7 Previous to any activity on the site the applicant will be required to hold a neighborhood meeting to notify affected property owners along the haul route and within one - quarter of a mile of the site. 8. Maximum slope on any excavation shall be a 1 to 1 and in such condition as not to be dangerous because of sliding or caving side slopes. 9. Only topsoil and clay to line the pond will be allowed to be brought into the site. ATT CUP — Materials Storage (6497 12th Avenue South) Page 6 of 7 10. A rock trench entrance shall be installed and maintained at all times. 11. Dust and wind erosion must be confined to the site and be controlled by watering the driveway as necessary. 12. Street sweeping shall occur as necessary. 13. All construction activity shall be limited to the hours set as follows: Monday through Friday 8:00 a.m. to 4:30 p.m. Saturday 9:00 a.m. to 4:30 p.m Sunday and Holidays No working hours allowed 14. Reimburse the City for the cost of periodic inspections by the City for the purpose of determining that the terms under which the permit has been issued are being complied with. 15. Post a form of security to the City, conditioned to pay the City the cost and expense of repairing or cleaning any highways, streets, or other public ways within the City made necessary by the special burden resulting from transporting thereon by the applicant material to or from the site, the amount of such cost to be determined by the Council; and conditioned further to comply with all the requirements of this Ordinance and the particular permit, and to save the City free and harmless from all suits or claims for damages resulting from the negligent excavation, removal, storage, or filling of rock, sand, dirt, gravel, clay, or other like material within the City. 16. Permits from the Rice Creek Watershed District must be submitted to the City prior to any activity. All activities on the site must comply with the Rice Creek Watershed District requirements. 17. All excavation, erosion and sedimentation control, final site grading, and restoration shall be completed by November 1, 2007. 18. The City will monitor traffic and hauling activities and have any necessary adjustments made at the contractor's expense. 19. Trucks will be limited to a maximum speed of 20 mph on City Streets. 20. Wood chips will be placed on the haul route in the turf areas of Birch Park. 21. Any damaged irrigation will be replaced at the developer's expense. • AIT CUP — Materials Storage (6497 12th Avenue South) Page 7 of 7 22. Snow fence will be installed along both sides of the haul route through Birch Park. 23. The haul route through Birch Park will have the topsoil replaced and hydro seeded at the developer's expense. 24. The stockpile area will be limited to a maximum of 25 feet high. 25. Areas that will not be worked on within 48 hours are required to be hydro - seeded. This review is based on the following plans and information: 1. Site Plan, Received May 31, 2007 2. Memo, Dated April 23, 2007 • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -87 RESOLUTION APPROVING CONDITIONAL USE PERMIT, TO ALLOW EARTH MATERIAL EXCAVATION AT 6497 12TH AVE SOUTH AND 6510 12TH AVENUE SOUTH, AIT WHEREAS, /MT has submitted a request to the City to grant a conditional use permit to allow earth material storage at 6497 12th Avenue South and 6510 12th Avenue South. WHEREAS, the legal description of the property is: PARCEL A Northeast Quarter of the Southeast Quarter of section 28, Township 31, Range 22 Less and Except: All that part of the northeast quarter of the southeast quarter of section 28, Township 31 North, Range 22 West. Anoka County Minnesota, described as follows: Commencing at the Northeast comer of the Northeast Quarter of the Southeast Quarter of said section 28; thence North 88 degrees 56 minutes 18 seconds West 835.00 feet along the northerly line of said northeast quarter of the southeast quarter (basis for bearings);; thence south 01 degrees 03 minutes 42 seconds west, 88.66 feet to the southerly right of way line of County State Aid Highway No. 10, according to the Anoka County Highway Right of way plat No. 11, as recorded in the Anoka County Recorder's Office in and for said Anoka County, and said point also being the point of beginning; thence continuing South 01 degrees 03 minutes 42 seconds west, 207.22 feet; thence North 88 degrees 56 minutes 18 seconds west 20; thence North 01 degrees 03 minutes 42 seconds east, 212.27 feet to said southerly right of way of County State Aid Highway No. 10; thence easterly along said southerly Right of Way, 205.06 feet along the arc of a non - tangential curve concave to the North having a central angle of 01 degrees 02 minutes 06 seconds and a radius of 11519.16 feet, the long chord of which of 01 degrees 02 minutes 06 seconds and a radius of 11519.16 feet, the long chord of which bears South 87 degrees 32 minutes 52 seconds East, 208.06 feet to the point of beginning. • • Resolution 07 -87 Page 2 • PARCEL B The east half of the Southeast Quarter of the Southeast Quarter, Section 28, Township 31, Range 22, Except the south 600 feet thereof, Anoka County, Minnesota WHEREAS, the City's review is based on the site plan received May 31, 2007 and Memo dated April 23, 2007. WHEREAS, the planning commission held a public hearing on the application on May 9, 2007 and recommended approval with a 5 -1 vote and, WHEREAS the City Council of the City of Lino Lakes deems the following finding of facts: A. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including. The excavation activity is consistent since it does not adversely affect the existing or proposed uses of the site. It is a temporary activity that will create a pond and wetland on the parcels. • B. The proposed development application is compatible with present and future • land uses of the area. The site can be developed as low density sewered residential upon completion of the activity. C. The proposed development application conforms to performance standards herein and other applicable City Codes. Adoption of the recommended requirements as outlined in the resolution will solidify conformance to all standards and codes. D. Traffic generated by a proposed development application is within the capabilities of the City when. Temporary trench crossing units and construction fencing installed. E. The proposed development shall be served with adequate and safe water supply. Not applicable to this grading activity. F The proposed development shall be served with an adequate and safe sanitary sewer system. Resolution 07 -87 Page 3 Not applicable to this grading activity. G. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. No City improvements will be required for this grading activity. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. Monitoring of the activity by the City will ensure this work will not become excessive. Will not result in the destruction, Toss, or damage of a natural, scenic or historic feature of major importance. City staff and the appropriate agencies have reviewed the site to confirm no deterioration of the site will occur. WHEREAS, the City Council of the City of Lino Lakes finds that, with the conditions of approval included in this resolution, the following findings of fact apply as required by section 3 Subdivision 12 of the Lino Lakes Zoning Ordinance. 1. Properly fence any pit or excavation, and barricade entrances to prevent the general public from depositing garbage or refuse. 2. Slope the banks, and otherwise guard and keep any pit or excavation in such condition as not to be dangerous because of sliding or caving banks. 3. Properly drain, fill, or level off any pit or excavation so as to make the same safe and healthful as the permitting authority may determine. 4. Limit the depth of such excavation to an elevation no lower than the minimum floor elevation for building construction as established by the City Engineer, so as not to diminish development potential of the parcel. 5. Limit any fill material to clean fill, defined as rock, sand, gravel, clay, or other like and similar non - decomposable material. Concrete, asphalt, metal, wood, and other debris shall be prohibited. Require that all decomposable material, or other unsuitable foundation material, be removed from an area before deposition of fill begins. - 121 - • • • • Resolution 07 -87 Page 4 7 Prepare a site plan showing existing and proposed grade elevations and effect of storm water drainage on adjacent areas. 8. Specify a time when the excavation or land reclamation project shall be completed. 9. Place a minimum of four (4) inches of top soil over the completed project and establish appropriate ground cover within sixty (60) days of completion, or in a time period consistent with the City's storm water management and pollution prevention plan. 10. Reimburse the City for the cost of periodic inspections by the City for the purpose of determining that the terms under which the permit has been issued are being complied with. 11. Implement the tree preservation plan. 12. in addition to a conditional use permit, the City Engineer may determine that permits in excess of twenty -five thousand (25,000) cubic yards require the applicant to conduct a neighborhood meeting and to notify affected property owners within one - quarter (1/4) mile. 13. Post a form of security and sum as the permitted authority may require, running to the City, conditioned to pay the City the cost and expense of repairing or cleaning any highways, streets, or other public ways within the City made necessary by the special burden resulting from transporting thereon by the applicant material to or from the site, the amount of such cost to be determined by the Council; and conditioned further to comply with all the requirements of this Ordinance and the particular permit, and to save the City free and harmless from all suits or claims for damages resulting from the negligent excavation, removal, storage, or filling of rock, sand, dirt, gravel, clay, or other like material within the City. 14. Other conditions deemed appropriate to the application by the permitting authority. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves a conditional use permit to allow earth material storage at 6644 20th avenue south. BE IT FURTHER RESOLVED THAT the following conditions apply: 1. A Stormwater Pollution Prevention Plan (SWPPP) in accordance with Minnesota Pollution Control Agency (MPCA). The SWPPP must contain the name and a 24 -hour telephone number of the Resolution 07 -87 Page 5 responsible manager of the SWPPP. All references to MNDOT seed mix must be changed to the City native seed mix. 2. Silt fence must be added around the excavation for safety reasons. 3. Properly fence and barricade entrances to prevent the general public from depositing garbage or refuse. 4. Must provide a tree preservation plan or limit excavation of material to a minimum of 50 feet from any trees. 5. All material hauling activity must use the designated haul route shown on Exhibit C. The haul route will cross the LaMotte property to the City owned Birch Park. From Birch Park the haul route will enter city streets to access The Preserve using two routes; 1) Enter Pheasant Run South on the north side of Birch Park and continue on Pheasant Run South to the east side of the The Preserve; 2) Enter Pheasant Run South on the North Side of Birch Park to Aspen Lane and then South on Killdeer Drive to the west side of The Preserve. 6. All areas and City Streets where hauling activity occurs will be video taped previous to excavation commencing at the site. The applicant will be responsible for repairing any damage to City streets or park caused by the hauling activity. 7 Previous to any activity on the site the applicant will be required to hold a neighborhood meeting to notify affected property owners along the haul route and within one - quarter of a mile of the site. 8. Maximum slope on any excavation shall be a 1 to 1 and in such condition as not to be dangerous because of sliding or caving side slopes. 9. Only topsoil will be allowed to be brought into the site. 10. A rock trench entrance shall be installed and maintained at all times. 11. Dust and wind erosion must be confined to the site and be controlled by watering the driveway as necessary. 12. Street sweeping shall occur as necessary. 13. All construction activity shall be limited to the hours set as follows: • • • Resolution 07 -87 Page 6 Monday through Friday 8:00 a.m. to 4:30 p.m. Saturday 9:00 a.m. to 4:30 p.m Sunday and Holidays No working hours allowed 14. Reimburse the City for the cost of periodic inspections by the City for the purpose of determining that the terms under which the permit has been issued are being complied with. 15. Post a form of security to the City, conditioned to pay the City the cost and expense of repairing or cleaning any highways, streets, or other public ways within the City made necessary by the special burden resulting from transporting thereon by the applicant material to or from the site, the amount of such cost to be determined by the Council; and conditioned further to comply with all the requirements of this Ordinance and the particular permit, and to save the City free and harmless from all suits or claims for damages resulting from the negligent excavation, removal, storage, or filling of rock, sand, dirt, gravel, clay, or other like material within the City. 16. Permits from the Rice Creek Watershed District must be submitted to the City prior to any activity. All activities on the site must comply with the Rice Creek Watershed District requirements. 17. All excavation, erosion and sedimentation control, final site grading, and restoration shall be completed by November 1, 2007. 18. The City will monitor traffic and hauling activities and have any necessary adjustments made at the contractor's expense. 19. Trucks will be limited to a maximum speed of 20 mph on City Streets. 20. Wood chips will be placed on the haul route in the turf areas of Birch Park. 21. Any damaged irrigation will be replaced at the developer's expense. 22. Snow fence will be installed along both sides of the haul route through Birch Park. 23. The haul route through Birch Park will have the topsoil replaced and hydro seeded at the developer's expense. 24. The stockpile area will be limited to a maximum of 25 feet high. Resolution 07 -87 Page 7 25. Areas that will not be worked on within 48 hours are required to be hydro- seeded. 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. • • C I T ........... 0 F CITY OF CENTERVILLE ■u■IIIn■ii■n•ii■iiuIiuilU1 -1 11U% I N `1_ KES Center ville Lake 0 w J J uJ W Z W U WWI ilk 41/ :1i1i1 ►� r ate'TI% :.•: or /11Mir •ltt� ,�. ;� *To .1111v,* VA, It 410M01111 14; WO 1 ar tu•��► 44 PIS to mit fa tat AIT CUP MATERIALS EXCAVATION SITE 849712TH AVENUE SOUTH 10,34 ACRES PP 11111NOLA 0111FIIIIIImir mai J!iIiI1fl; HAMM H EXHIBIT A N MAY 9, 2007 TKDA ENGINEERS • ARCHITECTS • PLANNERS ,e E - I 0, 11i 3 . II1E Tx ' Eipsve T69.LbL9 TomSC Ns ILIp • TEL21.7.101-9 ;NODb2'29-E 2040.71 I',/,T;$1:1 I 11 1 / / / . 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DRS C,AUR IE%EL WAS DEIEOE® =RCM TD TIE MECUMS CF tuSCE 9-02 TILED .STNDND CIIDORES NR DE COLLECTION ND DEPICROR CF FJESIEIG 10A CE U RJ1r OAT,: 11E CONTRACTOR AND/OR SUBCONTRACTORS SIMLL l 1D10AE DE ENACT LOCARON OF ALL E7051MC UIEITES WINE COIIEN01C MAIL BY CCiTACTING SE N1IFlCJ111w1 TER (COPIER STATE 01E FOR IEMIESOTA1- DE CONRAC1Ut AND/OR SUBCONTRACTOR ACM TO EE Iw RESPCI®IT TOIL ANT AM ALL DNIACES. ORC1 WIT E 0L'GLSDIED BT RS Ci HER FN.UE TO EXAL -1LT LOCATE ND PIES7l1E -ANT ND ALL MUTES (IDDERCUUD AND 0YONEAO). \y/ j / 1 `__/ 4 �/ / /4 7 4 %/s ,, %,_ II 11,/ Mme' h 4 4 -- -- -/ J IJ1 \--cam. IE EIp TTEEI/ •L .. ... ' TTC9. ca.L9 AD1/4 Tall T 1.'' 1p l T.EE If a t. z. L2If e ('m SPPIUCE rRCES 11 \ \ 1 \♦ rq Y�eaAr •_�s.• ` -116T TAE T 1E TAIR NAR IEE114 T MEN1p T69.sa L9 I _1 1) 0) CO cri ' 2 N 1 1 9 K � t New bb xrigg nb 0 W S2i3ddV I1 H.dON c!? °o- \ d L ` I Y \ \\ ,T,■=■ GRADING NOTE: CONTRACTOR TO S® FROM TOP OF POND SLOPE TO THE DESERVED WATER LEVEL (NW_ BASED ON SOIL BORING INFORMATION) WITH SEED MIXTURE 310 AFTER CONSTRUCTION OUTSIDE OF POND AREAS 15 COMPLETED. FOR ALL OTHER DISTURBED AREAS, PLANT OR SEED WITH NATIVE VEGETATION FOLLOWING MNDOT SPEC 2575. SPOT ELEVATION CONTOUR NIP RAP CURB & CUTTER SUM SEI ER •--- » —� SANITARY SEVER FORMAN (SAN-) WA1ERMAN EASEIENT SOIL BORING LOCATION DOMING YE1LANDS — — — 9LT FENCE LEGEND PROPOSED X 962.5 DOSTNG 6." -I�2- — 0 Exhibit B 100 200 SCALE IN 1-ELI z Q C.� >- ~ I— W w LLJ O • uT cc ` Q 0_ Z H F- 0 J GRADING PLAN 5 m 0 4 a 0 O 5 SHEET NUMBER C -4.01 ROL I214A FIE/ 16171 • • • HAUL ROUTE FL00DPLAIN ELEVATION - 892.1 I n / 2 1 A V L „l L"� ! "r'1 / LJ I I 1 THE PRESERVE SITE (• ,. -tic ., °.� M SU S IVACE UTILITY MORNATKN SNOW DR TESE FLANS IS A UTIITT GUALITT UtQ 0. Tay 01ALITT IEYR WAS OCRAM0D ACOORdi5 10 TIE WU(02M5 OF OASCC 35-07. 1*E1 ^0TANOAR0 OUDEL1(5 FOR RTE COLLECTION A40 DEPICTICN OF D3S1M0 ASSURE/a miry DATA' TE commit* ND/tO 9I000NIRACTORS *TALL RETERY it M DACT LXAIDi or NL CPSTMG MATES INICRE C(RIADKR4 RORi, IT COMGCWO T[ NO7OICA101 MOD (WOMEN STATE ONE roe IMR[SOIA} 00 CONTRACTOR AW/OR SUBCONTRACTOR AGREE tD BE WILY RESPONSIBLE FOR ANY AO ALL DNIAGGS x101 NIGHT EE 02240OND 0T HS CR /ER FAR.VE TO DNCTLY LOCATE AND PR[YAK AKT ND Au 00011ES (LRDOKNOWD Nb oo0EAO4 LEGEND PROPOSED SPOT LIEVATICN X 962.5 CCNTOJR _..__._._902 — RV RAP CURS & CUTTER STORM SEWER ”, . _... _,.> - - - -V 0 s SANITARY SEWER rOR'.SMAIN (SAN.) WATERY44 EASEMENT SCR. BORING LC': - SB -1 EJOS INC tEET42'-: S11.T 1E4CE 0- — 0 100 200 SCALE IN FEET SITE GRADING NOTES A. PROPOSED CONTOURS ARE TO FINISHED SURFACE U ELEVATION. CY. B. THE CONTRACTOR IS CAUTICNED THAT 'THE SUBSURFACE UTIUTY INFORMATION SHOWN ON THESE PLANS IS A UTILITY a I-- QUAUTY LEVEL D. THIS QUAUTY LEVEL WAS DETERMINED o m ACCORDING TO THE GUIDEUNES OF CI /ASCE 38 -02 TITLED w x STANDARD GUIDEUNES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTIUTY DATA'. THE CONTRACTOR LLI 3 AND /OR SUBCONTRACTORS SHALL DETERMINE THE EXACT CL LOCATION OF ALL EXISTING UTILTIES BEFORE COMMENCING 0 y WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER CY STATE ONE FOR MINNESOTA AT 1 -800- 252 - 1166). THE CL z CONTRACTOR AND /OR SUBCONTRACTOR AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH LLJ MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO }" EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IT SHALL BE THE RESPONSIBIUTY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT MATH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. C, THE CONTRACTOR SHALL TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO ADJACENT PROPERTIES DURING THE CONSTRUCTION PHASES OF THIS PROJECT. THE CONTRACTOR WILL BE HELD SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE ADJACENT PROPERTIES OCCURRING DURING THE CONSTRUCTION PHASES OF THIS PROJECT. D. SAFETY NOTICE TO CONTRACTORS: IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, THE CONTRACTOR WILL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS ON THE JOB SITE, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY DURING PERFORMANCE OF THE WORK. THIS REQUIREMENT WILL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS. THE DUTY OF THE ENGINEER OR THE DEVELOPER TO CONDUCT CONSTRUCTION REVIEW OF THE CONTRACTOR'S PERFORMANCE IS NOT INTENDED TO INCLUDE REVIEW OF THE ADEQUACY OF THE CONTRACTOR'S SAFETY MEASURES IN, ON OR NEAR THE CONSTRUCTION SITE. B. THE CONTRACTOR SHALL COMPLETE THE SITE GRADING CONSTRUCTION IN ACCORDANCE MATH THE REQUIREMENTS OF THE OWNER'S SOILS ENGINEER. ALL SOIL TESTING SHALL BE COMPLETED BY THE OWNER'S SOILS ENGINEER. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING ALL REQUIRED SOIL TESTS AND INSPECTIONS WITH THE SOILS ENGINEER. P. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFIC CONTROL DEVICES SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS, FLAGMEN AND LIGHTS TO CONTROL THE MOVEMENT OF TRAFFIC WERE NECESSARY. TRAFFIC CONTROL DEVICES SHALL CONFORM TO APPROPRIATE MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARDS. 0. DISTURBED AREAS WITHIN POND CONSTRUCTION UMITS AND ANY DISTURBED AREAS WITHIN THE WETLANDS SHALL BE RESTORED WITH 6 TO 12 INCHES OF ORGANIC SOILS, PREFERABLY SOILS THAT WERE PREVIOUSLY REMOVED FROM WETLAND AREAS. SEEDING IN THE WETLAND MITIGATION AREAS ABOVE THE NORMAL WATER LEVEL SHALL BE CORPS OF ENGINEERS WET MEADOW SEED MIXTURE, OR MN /DOT SEED MIXTURE 268, OR APPROVED EQUAL. THE SEED SHALL BE WATERED UNTIL A HEALTHY STAND OF GRASS IS OBTAINED. IL. IF THE CONTRACTOR ENCOUNTERS ANY DRAIN 11LE WITHIN THE SITE, HE OR SHE SHALL NOTIFY THE ENGINEER WITH THE LOCATION, SIZE, INVERT AND IF THE TILE UNE IS ACTIVE. NO ACTIVE DRAIN 11LE SHALL BE BACKFILLED WITHOUT REVIEW, DISCUSSION AND APPROVAL FROM THE PROJECT ENGINEER. L FOUR INCHES OF NATIVE CLAY SHALL LINE THE BOTTOM OF THE POND UP TO THE NWL IF EXISTING CLAY STRATUM IS BELOW PROPOSED POND NWL, THE CONTRACTOR SHALL MATCH AND PROVIDE A CONTINUOUS CONSTRUCTED CLAY LINER TO NOT IMPEDE THE FLOW OF WATER. J. CONTRACTOR TO SEED FROM TOP OF POND SLOPE TO THE OBSERVED WATER LEVEL (NWL BASED ON SOIL BORING INFORMATION) WITH SEED MIXTURE 310 AT 82 LBS /ACRE AFTER CONSTRUCTION OUTSIDE OF POND AREAS IS COMPLETED. FOR ALL OTHER DISTURBED AREAS, INCLUDING POND BOTTOM, PLANT OR SEED W1TH NATIVE VEGETATION FOLLOWING MNDOT SPEC 2575, SEED MIX 350 AT 84.5 L8S /ACRE. 2I 2 d " n 2 1; 6 E 2 2J1 14 0 c° 1 T Y OF N S KES Reshanau Lake irx•riziou:E:ariCI. or-(1° CITY OF CENTERVILLE 711111i►I■11 .11.11 ■11N11N11u11■ 11■IIUIIUI1 Centerville Lake AIT CUP MATERIALS EXCAVATION SITE 6610 12TH AVENUE SOUTH 36.4 ACRES AR CUP MATERIALS EXCAVATION SITE 8497 12TH AVENUE SOUTH 10.34 ACRES AIT CUP SITE ZONING DISTRICTS • PUBLIC SEMI - PUBLIC PUD RURAL SINGLE FAMILY RESIDENTIAL SINGLE FAMILY EXECUTVIE SINGLE FAMILY EXECUTVIE PDO RURAL EXECUTIVE Cedar Lake M EXHIBIT D N ......rrII' till••••—; ' MAY 9, 2007 TKDA ENGINEERS • ARCHITECTS • PLANNERS ■ F CENTERVILLE Centerville Lake Reshanau Lake y:. BIRCH SI 10 1 _..... 11 111 IN AN 4 • AIT CUP MATERIALS EXCAVATION SITE 661012TH AVENUE SOUTH 35.4 ACRES AIT CUP MATERIALS EXCAVATION SITE 648712TH AVENUE SOUTH 10.34 ACRES Q AIT CUP SITE FUTURE LANDUSE Ell COMMERCIAL HIGH DENSITY RESIDENTIAL INDUSTRIAL LOW DENSITY SEVVERED RESIDENTIAL LOW DENSITY UN-SEVVERED RESIDENTIAL MEDIUM DENSITY RESIDENTIAL MOBILE HOME PARK Ilik MIXED USE PRIVATE AIRFIELD PERFORMANCE LAND USE AREA PUBLIC /SEMI- PUBLIC RURAL LAND USE RIGHT-CF-WAY Cedar• Lake 1 ASH ST T..4 _1 EXHIBIT E N MAY 9, 2007 TKDA ENGINEERS• ARCHITECTS• PLANNERS • • AGENDA ITEM 6C STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: July 23, 2007 TOPIC: Resolution No. 07 — 83, Approving Development Contract (Site Grading Only), The Preserve Vote Required: Simple Majority BACKGROUND: The City Council authorized a preliminary plat on August 28, 2006 to provide for a proposed development titled The Preserve. The Developer, Intergra Home is now requesting approval to begin grading work. The Preserve provides for the construction of 31 residential units on a 52.56 acre parcel of property located south of Birch Park on Pheasant Run South and Killdeer Drive. in accordance with the preliminary plat approval and City policy, staff has prepared a Development Contract for Site Grading Only. The contract provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $233,000 representing 150 percent of the development improvement costs to insure completion of the project in accordance with the approved plans. 2. Deposit of a cash escrow in the amount of $36,278 to reimburse the City for costs incurred by the City related to the development and improvements of the site. The developer has reviewed the contract and is aware of the conditions set forth. RECOMMENDATION: Staff recommends adoption of Resolution Number 07 — 83, Approving Development Contract (Site Grading Only), The Preserve Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07-83 RESOLUTION APPROVING DEVELOPMENT CONTRACT FOR SITE GRADING ONLY, THE PRESERVE. WHEREAS, the City Council issued a preliminary plat approval for The Preserve on August 28, 2006, and WHEREAS, the Developer, Integra Homes is requesting approval to commence grading work of such development to be known as The Preserve; and, WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities and final plat approval to insure satisfactory completion of public improvements. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Contract (Site Grading Only) with Integra Homes for The Preserve and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 23`d 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. • • • DEVELOPMENT CONTRACT (Site Grading Only) The Preserve THIS AGREEMENT made this 231d day of July, 2007, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as . the "City ", and Integra Homes whose address is 12721 Overlook Road, Dayton, Minnesota, 55307 hereinafter referred to as the "Developer". WHEREAS, the Developer has received preliminary plat approval from the City Council for a plat of land within the corporate limits of the City known as The Preserve hereinafter called "Subdivision ", said land is legally described to -wit The Southwest Quarter of the Southeast Quarter and that part of the West Half of the Southeast Quarter of the Southeast Quarter all in Section 28, Township 31, Range 22, Anoka County, Minnesota, except GEMINI ESTATES and TRAPPERS CROSSING according to the recorded plats thereof, Anoka County, Minnesota; also except that part of said quarter - quarter described as follows: Commencing at the northwest comer of said quarter - quarter, thence South 89 degrees 29 minutes 30 seconds East along the north line thereof 360 feet to the point of beginning; thence continuing South 89 degrees 29 minutes 30 seconds East along said north line 388.48 feet; thence South 22 degrees 30 minutes West 345 feet; thence South 21 degrees 12 minutes East 166.94 feet; thence North 89 degrees 29 minutes 30 seconds West 320 feet; thence North 0 degrees 22 minutes 58 seconds East 475 feet to the point of beginning, and also except that part of said quarter- quarter described as follows: Beginning at the northeast corner of said quarter - quarter, thence South 0 degrees 33 minutes 07 seconds West along the east line thereof 170.04 feet to Point "A "; thence North 89 degrees 29 minutes 30 seconds West 418.54 feet thence North 22 degrees 30 minutes East 183.38 feet to the north line of said quarter - quarter, thence South 89 degrees 29 minutes 30 seconds East along said north line 350 feet to the point of beginning; and also Development Contract — Site Grading Only The Preserve July 23, 2007 activities, and except that part of said quarter- quarter described as follows: Beginning at said Point "A "; thence North 89 degrees 29 minutes 30 seconds West 272.96 feet; thence South 22 degrees 30 minutes West 223.24 feet; thence North 89 degrees 29 minutes 30 seconds East parallel with the north line of said quarter - quarter 356.42 feet, more or less, to the east line of said quarter - quarter, thence North 0 degrees 33 minutes 07 seconds East along said east line 207 feet, more or less, to the point of beginning, except that part thereof taken for road purposes. AND That part of the Northwest Quarter of the Northeast Quarter of Section 33, Township 31, Range 22, Anoka County, Minnesota, lying northwest of the west right -of -way line of Holly Drive. WHEREAS, the Developer has requested approval to commence with site grading WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval; and NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". B. Improvements to be installed by the City and financed by the Developer are hereinafter referred to as "City Improvements ". II. DEVELOPER'S IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: 1. Conservation Development Restoration and Management page 2 - 133 - • • Development Contract — Site Grading Only The Preserve July 23, 2007 a) "The Preserve Conservation Development Restoration and Management Plan for Conservation Areas" dated August 10, 2006, is included in this city council approval of the project. This includes the tasks and cost schedule in attachment C, (Revised August 10, 2006 for 11.9 acre restoration area) ". b) The following tasks must be completed prior to grading or logging of the site: Cutting/Removal/Herbicide Treatments (Year 1); and Oak Woodland Native Plant Salvaging and Transplanting (Into 2.0 Acres of Woodland); and installation of conservation fence. The developer must demonstrate these tasks are completed prior to grading or logging the site. 2. Grading Plan a) A final site grading plan, including certified wetland delineation, with maximum two -foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. b) The grading plan and all site grading shall be provided and conducted in accordance with the plan as approved by the City, NPDES requirements and the Rice Creek Watershed District The Developer shall perform the work in accordance with a Stormwater Pollution Prevention Plan in accordance with Minnesota Pollution Control Agency (MPCA) requirements. c) The Developer shall be responsible for securing all required site grading and development approvals and permits from all Federal, State, Regional and Local agencies with jurisdiction or as applicable prior to the commencement of site grading or construction.. 3. Erosion Control Plan a) The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. The erosion control plan shall also be subject to the approval of any other governmental agency having jurisdiction. b) The Developer shall submit a Turf Establishment Plan which details topsoil placement, seeding, sodding, mulching, fertilizing and page 3 - 134 - Development Contract — Site Grading Only The Preserve July 23, 2007 watering. Said plan shall be approved by the City prior to the commencement of site grading or construction. 4. Tree Preservation Plan a) The Developer shall provide a tree preservation plan prior to any site grading and include a delineated preservation area, subject to the approval of the City prior to any work activity on the site. The tree preservation plan shall also be completed in accordance with the City Tree Preservation Policy, and shall be covered within a legal covenant for each property. The Developer shall provide a cash escrow as security, in the amount specified in Attachment B, to insure implementation of the Tree Preservation Plan. Site activities shall not commence until review of the plan and site has been completed and approved by the City Engineer, City Forester, and any other governing agency with jurisdiction as required. b) The Developer shall remove, dispose of, or treat all dead and diseased trees in accordance with the City Forester's recommendation before building permits will be issued. 5. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.l, II.A.2, and II.A.3 as listed above. b) The Developer shall grade the site to within 0.2 foot of the grades shown on the approved Grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. c) All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. d) Erosion and siltation control measures shall be coordinated with the different stages of development as applicable. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. e) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. page 4 -135- • • • Development Contract — Site Grading Only The Preserve July 23, 2007 f) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. g) The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. h) All disturbed areas shall be seeded using City seed specifications or sodded as designated per the plans. i) The street right-of-way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of �rtility construction. j } Drainage swales, ditches, storm water storage ponds and other high risk erosion areas shall be protected from erosion. k) All remaining grading must be completed prior to issuance of building permits. 1) Protect streets from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. m) The developer's engineer shall certify, in writing with an as -built survey, that all grading complies with the grading plan prior to issuance of building permits. n) A legal covenant shall be included within the homeowner's association documents prohibiting the use of phosphorus on lawns. o) The developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvements as proposed. 6. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan - guard stakes shall be appropriately installed to mark these irons. page 5 -136- Development Contract — Site Grading Only The Preserve July 23, 2007 7. The Developer agrees to maintain, at all times before acceptance of the streets by the City, an access road suitable for use by emergency, police and fire department equipment. The adequacy of such road shall be the sole determination of the City. Furthermore, such access road shall be located no more than 150 feet from any structure built within the Subdivision. 8. The Developer shall promptly clear dirt and debris, within public right -of- ways, and drainage and utility easements, resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance including street sweeping, storm sewer cleaning, ditch cleaning and pond dredging, resulting from the accumulation of said dirt and debris, until all Certificates of Occupancy are issued. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. 9. Other Construction a) In the event that damage to the strccts or other City infrastructure result from said improvement work, the Developer shall be responsible for effecting said repairs, or the City shall withhold escrows or deposits as the City deems appropriate and necessary. The Developer shall provide a financial security or cash escrow in an amount of $40,000 to assure completion of the grading and restoration, in the event that the work is not completed by the Developer. c) No burning of vegetation cleared during construction shall be allowed. 10. The project shall not be final platted until 2007 to comply with growth management policy. 11. All homeowners association declarations, covenants, and property and legal requirements as required in this Agreement shall be submitted to the City Attorney for review as required by the City's final plat requirements. In addition, an additional contract agreement shall be agreed upon between the City and developer that provides for the subsequent construction, ownership and maintenance of City owned utilities (sanitary sewer and water) and the access street that will be privately owned and maintained. page 6 - 1 3 7 - • • • Development Contract — Site Grading Only The Preserve July 23, 2007 12. Cost of Developer's Improvements, description and completion dates are as shown on Attachment A. 13. Construction of Developer's Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the final plat which will dedicate all permanent easements necessary for the construction and installation of the Developer's and City's Improvements as determined by the City. d) All Construction debris and trash shall be properly disposed of at the developers expense and in a timely manner as determined by the City. 14. The Developer shall be required to obtain all necessary permits and approvals from all governmental agencies as required, including necessary right -of -way, temporary easements, or permanent easements for the construction. 15. The Developer shall make an application to FEMA for a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) to revised the existing Flood Plain maps consistent with the proposed grading plan. 16. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150 %) percent of the total estimated cost of page 7 - 1 3 8 - Development Contract — Site Grading Only The Preserve July 23, 2007 Developer's Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction.. Prior to the final acceptance of the Developer's Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be determined by the City Engineer III. CITY'S IMPROVEMENTS A. No City improvements are proposed under the grading project. IV. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. page 8 - 1 3 9 - Development Contract — Site Grading Only The Preserve July 23, 2007 V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the plat and the Developer Improvements including, but not limited to, the following (See attachment B for Breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee 3. Administration - 3% Construction Cost 4. Engineering a) Administration 5. Legal - Plat Review 6. Publications B. If the above escrow amounts are insufficient, the developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow. VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City. The Developer further agrees that City Sewer, Water, Storm Sewer, and Bituminous Base Construction of the Streets, temporary street signs, gas, electric, and telephone will be completed prior to the issuance of building permits. B. The Developer shall submit an as -built survey certifying that all the grading complies with the grading plan prior to issuance of building permits. C. Model Homes The City agrees that one structure per ten (10) acres (1 home) can be installed as model homes upon approval of the Development Contract (Site Grading Only). The right to obtain such building permits shall be contingent upon the following: 1. Execution of this development contract, providing a Letter of Credit in the amount of $100,000.00 and an escrow amount of $10,000.00. 2. Construction shall be limited to maintain a minimum distance of 150' from the furthest exterior wall to an improved gravel street as per the State Fire Code. The Developer may construct and maintain such access in order to meet said requirements. page 9 - 1 4 0 - Development Contract — Site Grading Only The Preserve July 23, 2007 3. Prior to release of the building permits for one structure per ten (10) acres (1 home), the builder shall enter into a separate agreement with the City which would not allow the building to be occupied after issuance of certificate of occupancy by anyone other than the builder for exhibiting the home for model purposes nor would they convey the property to any other third parties by any means until all of the public and private utilities have been installed to serve the building and accepted by the City. This includes all other requirements provided in this agreement D. Each lot must comply with erosion control measures to prevent any material from leaving the lot. The City of Lino Lakes will not perform any requested inspections on the lot until it complies to the erosion control requirements. E. Each lot must have a City approved Certificate of Grading showing the as -built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. VII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours set out by City Council as follows: Monday through Friday 8:00 a..m. to 4:30 p.m. Saturday 9:00 a.m. to 4:30 p.m. Sunday and Holidays No working hours allowed VIII. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the grading work required by this contract and acceptance by the City, the site improvements shall remain privately owned and maintained. The City of Lino Lakes, in the interest of public safety and welfare shall reserve the right to enter and maintain drainage facilities within the designated drainage and utility easements. An additional development contract shall be prepared agreed between the City and developer that will address subsequent site improvements after site grading is completed.. Subsequent improvements shall include but not be limited to streets and utilities. IX. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for page 10 - 1 4 1 - • • • • • • Development Contract — Site Grading Only The Preserve July 23, 2007 bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence, limits for property damage shall be not less then Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT OF COSTS FOR DEFENSE A The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XL VALIDITY A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. XIL GENERAL A. Binding Effect 1. The tenns and provisions hereof shall be binning upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land, B. Notices 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. page 11 - 1 4 2 - Development Contract — Site Grading Only The Preserve July 23, 2007 B. Conditions 1. 1. A Stormwater Pollution Prevention Plan (SWPPP) in accordance with Minnesota Pollution Control Agency (MPCA). The SWPPP must contain the name and a 24 -hour telephone number of the responsible manager of the SWPPP. All references to MNDOT seed mix must be changed to the City native seed mix. 2. Silt fence must be added around the excavation for safety reasons. 3. Properly fence and barricade entrances to prevent the general public from depositing garbage or refuse. 4. Must provide a tree preservation plan or limit excavation of material to a minimum of 50 feet from any trees. 5. All material hauling activity must use the designated haul route shown on Exhibit C. The haul route will cross the LaMotte property to the City owned Birch Park. From Birch Park the haul route will enter city streets to access The Preserve using two routes; 1) Enter Pheasant Run South on the north side of Birch Park and continue on Pheasant Run South to the east side of the The Preserve; 2) Enter Pheasant Run South on the North Side of Birch Park to Aspen Lane and then South on Killdeer Drive to the west side of The Preserve. 6. All areas and City Streets where hauling activity occurs will be video taped previous to excavation commencing at the site. The applicant will be responsible for repairing any damage to City streets or park caused by the hauling activity. 7. Previous to any activity on the site the applicant will be required to hold a neighborhood meeting to notify affected property owners along the haul route and within one - quarter of a mile of the site. 8. Maximum slope on any excavation shall be a 1 to 1 and in such condition as not to be dangerous because of sliding or caving side slopes. 9. Only topsoil will be allowed to be brought into the site. 10. A rock trench entrance shall be installed and maintained at all times. 11. Dust and wind erosion must be confined to the site and be controlled by watering the driveway as necessary. 12. Street sweeping shall occur as necessary. page 12 - 1 4 3 - • • Development Contract — Site Grading Only The Preserve July 23, 2007 13. All construction activity shall be limited to the hours set as follows: Monday through Friday 8:00 a.m.. to 4:30 p.m. Saturday 9:00 a.m.. to 4:30 p.m Sunday and Holidays No working hours allowed 14. Reimburse the City for the cost of periodic inspections by the City for the purpose of determining that the terms under which the permit has been issued are being complied with. 15. Post a form of security to the City, conditioned to pay the City the cost and expense of repairing or cleaning any highways, streets, or other public ways within the City made necessary by the special burden resulting from transporting thereon by the applicant material to or from the site, the amount of such cost to be determined by the Council; and conditioned further to comply with all the requirements of this Ordinance and the particular permit, and to save the City free and harmless from all suits or claims for damages resulting from the negligent excavation, removal, storage, or filling of rock, sand, dirt, gravel, clay, or other like material within the City. 16. Permits from the Rice Creek Watershed District must be submitted to the City prior to any activity. All activities on the site must comply with the Rice Creek Watershed District requirements. 17. All excavation, erosion and sedimentation control, final site grading, and restoration shall be completed by November 1, 2007. 18. The City will monitor traffic and hauling activities and have any necessary adjustments made at the contractor's expense. 19. Trucks will be limited to a maximum speed of 20 mph on City Streets. 20. Wood chips will be placed on the haul route in the turf areas of Birch Park. 21. Any damaged irrigation will be replaced at the developer's expense. 22. Snow fence will be installed along both sides of the haul route through Birch Park. • 23. The haul route through Birch Park will have the topsoil replaced and hydro seeded at the developer's expense. page 13 -144- Development Contract — Site Grading Only The Preserve July 23, 2007 24. The stockpile area will be limited to a maximum of 25 feet high. 25. Areas that will not be worked on within 48 hours are required to be hydro - seeded. This review is based on the following plans and information: 1. Site Plan, Received May 31, 2007 2. Memo, Dated April 23, 2007 C. Final Plat Approval 1. The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and all required petitions, bonds, security, and documents including the following: 2. Some lots will have restricted back yards due to easements or other features of the development plat. The developer, builders, and future property owners should be aware of this. House structures shall only be built within the building pads on the approved plans. 3. Some lot lines, easements, and other features will require adjustments prior to city council review of the project. 4. Streets shall be 28' face of curb to face of curb and parking shall be prohibited on one side of the street. 5. Park dedication shall be cash with credit for construction of trails. 6. The trail corridor shall be dedicated as "park" on the final plat, not created as a separate trail easement. 7. "The Preserve Conservation Development Restoration and Management Plan for Conservation Areas" dated August 10, 2006, is included in this city council approval of the project. This includes the tasks and cost schedule in Attachment C, (Revised August 10, 2006 for 11.9 acre restoration area) ". 8. The following tasks must be completed prior to grading or logging of the site: Cutting/Removal/Herbicide Treatments (Year 1); and Oak Woodland Native Plant Salvaging and Transplanting (Into 2.0 Acres of Woodland); and installation of conservation fence. The developer must demonstrate these tasks are completed prior to grariing or logging the site. page 14 -145- • Development Contract — Site Grading Only The Preserve July 23, 2007 9. A permanent conservation easement shown on the plans shall be dedicated to the City. The easement document shall describe the restoration and management plan and its funding and implementation. The easement document shall be reviewed by the City prior to dedication of the easement and prior to final plat approval. 10. A homeowners association shall be created. Association documents shall describe the restoration and management plan, its funding, and its implementation. The association shall be responsible for and shall maintain a stewardship fund to implement the restoration and management plan for the open space areas defined by the conservation easement. The stewardship activity shall be in accordance with the conservation easement and the approved restoration and management plan. Association documents shall be reviewed by the City prior to final plat approval. 11. The homeowners association shall be responsible for maintenance of the rain gardens. This requirement shall be included in the easement covenants and restrictions document. and this shall be included in the association documents. 12. The developer shall install signs along the conservation easement edge at side lot lines and other locations as determined by the City. Lot owners shall not remove, alter, or damage these signs and shall be responsible for any damage caused by owners, family, or guests. The homeowners association shall be responsible for maintaining, repairing and, if necessary, replacing the easement signs. This requirement shall be included in the easement covenants and restrictions document. 13. A temporary cul de sac must be constructed on the west end of the extended Pheasant Run. 14. The project must obtain applicable approvals and permits from the Rice Creek Watershed District prior to site work beginning and must comply with all conditions thereof. 15. The City Engineer's review comments in the memos of July 25 and 27, and August 22, 2006 and previous review memos must be addressed to his satisfaction. • 16. The preliminary plat is the primary plan sheet for lot configuration. Grading and other plans shall be brought into conformance with the lot page 15 -146- Development Contract — Site Grading Only The Preserve July 23, 2007 dimensions on the preliminary plat and resubmitted for City review prior to site work beginning. 17. Review and approval of the project are based on the following plans: Existing Features, 4/10/06, received July 14, 2006 Preliminary Plat, revised 8/13/06, received Aug 15, 2006 Preliminary Plat Inset A, revised 8/13/06, received Aug 15, 2006 Grading & Erosion Control Plan, revised 7/12/06, received July 14, 2006 Utility Plan & Profiles, received July 14, 2006 Mitigation Plan, revised 5/22/06, received July 14, 2006 Tree Preservation Plan, revised 4/10/06, received July 14, 2006 18. Approval of this resolution is contingent upon the rezoning Ordinance 08 -06 being in effect. 19. Outlot A shall be deeded to the City for the public purpose of a new well site. XIII. VIOLATIONS/BUILDING PERMITS A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in ariclition to the rights and remedies as set out hereunder may refuse to issue building permits and /or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. XIV. PROPERTY TAXES A. Should the recording of the Final Plat occur after July 1, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. Dollars shall be incorporated into the escrow agreement to cover the cost of said property taxes. page 16 -147- • • • • • • Development Contract — Site Grading Only The Preserve July 23, 2007 DEVELOPER CITY OF LINO LAKES By By Developer Mayor STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA Al LEST: By Clerk On this day of , 20_. before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknow ledge that they executed the same on behalf of said City. Notary public STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) On this day of , of 20_, before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the of , a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public page 17 - 1 4 8 - ATTACHMENT A - GRADING ONLY SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: The Preserve APPLICANT: Integra Homes ITEM NECESSARY IMPROVEMENTS 1 SITE GRADING 2 EROSION CONTROL 3 SITE ENGINEERING & SURVEYING 4 LANDSCAPING 5 STREET CONST. A. SubgradeBase Course B. Wear Course 6 STORM SEWER CONST. A. Trunk B. Lateral C. Surface Water Mgmt. Charge (s.f.) 7 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) B. Trunk Credit C. Trunk Unit Charge (REU) D. Lateral 8 WATERMAIN CONST. A. Trunk Area Charge (ac.) B. Trunk Credit B. Trunk Unit Charge (REU) C. Lateral TOTALS: BUDGET COST Estimate Estimate Estimate Estimate NOTE e e e e Estimate e Estimate e Estimate e Estimate e a a Estimate e a a Estimate e See Attachment B for security amounts to be posted NOTE: a: b: c: d: e: f: Cost by City policy Estimated Cost or Budget by City Previously Assessed Cash Requirement per Agreement with Park Board Provided by Developer Estimate by Feasibility Study NUMBER OF REU's: 31 ASSESSED AREA (ac.): 17.57 7 -23 -2007 DEVELOPER CITY ESCROW IMP. (X) IMP. (Y) AMOUNT (Z) $142,187 $7,670 $5,000 $154,857 00 00 • • • • ATTACHMENT B - GRADING ONLY CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: The Preserve APPLICANT: Integra Homes NUMBER OF REU's: 31 ASSESSED AREA (ac.): 17.57 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 PLANNING/REVIEW A. Plat Review Fee $3,000 b $3,000 B. Planner Review Fee $2,850 b $2,850 2 ADMINISTRATION A. Legal $1,000 a $1,000 B. Administration Fee 3% of const. b $4,650 C. Publications $1,000 b $1,000 3 ENGINEERING A. Plan/Plat/Grading Review $10,000 b $10,000 C. Construction Services $10,000 b $10,000 D. Construction Staking $0 b $0 E. City Engineering $7,500 b $7,500 4 DEVELOPMENT FEES A. Park Dedication Fee $2075 /unit d B. Sealcoating Fee $0.27 /SF b C. Aerial Photo Fee 90 /unit b 5 BOULEVARD TREE PLANTING $465/tree b 6 DEVLOPMENT SECURITIES A. Tree Preservation 95 /unit b B. Street Lighting - installation $2,500 a C. Street Lighting - operation $265 D. Traffic Signing $3,000 a E. Street, Storm Sewer, Pond Maint. b F. Other - Property Tax, FEMA SUBTOTAL: $40,000 Escrow Credit $3,722 TOTALS: $0 $0 $36,278 SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $154,857 $0 $233,000 Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT, $0 $0 $0 Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $36,278 $36,278 NOTE a: Cost by City policy b: Estimated Cost or Budget by City • c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study f: Estimate by Feasibility Study -150- 7 -23 -2007 Attachment C — July 9, 2007 7 • • • • • AGENDA ITEM 6D STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: July 23, 2007 TOPIC: Resolution No. 07 —107, Accepting Bids and Awarding a Construction Contract, Lino Park Grading and Trail improvements VOTE REQUIRED: Simple Majority BACKGROUND: Sealed bids were received and publicly opened at 10:30 a.m. on July 11, 2007. The results of the bid opening are presented below. City Council action is required to award a construction contract to the lowest responsible bidder. Contractor Amount of Bid Jay Bros, Inc. $ 63,997.25 Forest Lake Construction, Inc $ 72,182.50 Rum River Contractor $ 73,115.42 Dresel Construction, Inc. $ 91,927.80 Peterson Excavating, inc. $ 101,048.20 TA Schifsky & Sons, Inc. $ 107,955.00 Barber Construction Company, Inc. $ 113,019.00 DMJ Corp. $ 116,322.00 FPI Paving $ 126,609.95 Engineer's Estimate $ 91,460.00 The low bid is under the Engineer's Estimate for this project. A copy of the complete bid tabulation is attached. The final completion date for this project is August 24, 2007. RECOMMENDATION: Staff recommends approval of Resolution Number 07 — 107, Accepting Bids and Awarding a Construction Contract for the Lino Park Grading and Trail improvements. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -107 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT — LINO PARK GRADING AND TRAIL IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for the construction of the Lino Park Grading and Trail Improvements, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor Amount of Bid Jay Bros, Inc. $ 63,997.25 Forest Lake Construction, Inc $ 72,182.50 Rum River Contractor $ 73,115.42 Dresel Construction, Inc. $ 91,927.80 Peterson Excavating, Inc. $ 101,048.20 TA Schifsky & Sons, Inc. $ 107,955.00 Barber Construction Company, inc. $ 113,019.00 DMJ Corp. $ 116,322.00 FPI Paving $ 126,609.95 Engineer's Estimate $ 91,460.00 AND WHEREAS, it appears that Jay Bros, Inc., is the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Jay Bros, Inc., in the name of the City of Lino Lakes for the construction of the Lino Park Grading and Trail Improvements according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to retum forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 23rd 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. -153- • 00 0 0 ' 0 Q foe$ CM t41 0 m I 19 17, 1.- •• N of P7 1_ h M M M W 0 ID ID O O CD m w 0 0 N 4- ID 4- N 0 M MW $, O ID 0 0 0 1-.0 0 N 0 O m CD 25 <•- r- N of 72, h £ H Y► 0 ci 0 O N 0 III Op! S9 o 0 N g0 m N 3, 8 4 4, Cr) Cr; 0 64 64 49 O m O O 0 n1 4 12 IIDD m N N M 64 19 fA 0 0 O 0 o /D MA ITA JUI ID ti 4,0 0,8' 8,55 7,0! 4,81 < D1 IH M 00 00 0 00 00 0 o ui m o ¢i ei 0w4- ID Ml ID -w 49 49 N co Z U Z U J p- 0 00 D1 en IV - 27 1,8' ID r+ MOBILIZATION COMMON EXCAVATION CLASS 5 AGGREGATE BASE 2" 2380 BITUMINOUS WEAR COURSE TOPSOIL BORROW (LV) SILT FENCE (INSTALL AND REMOVE) TOTAL BID AMOUNT — N 17 C ID ID -155- N 07:6' • • 0 O O N b •s $ 37,160.00 $ 18,330.00I $ 18,185.00 $ 25,200.00 $ 2,880.00 8 WS 10 o 0 0 xa 0 Ca. Q 00000 �m0o N�e- in NNr 0l sr m s 4- 4, W 4, N M MNM 0 0 0 0 N O 0 N m0 m m $ 2,50 N b Co. b 1. hM $ 25,74 $ 35,80 N •D co i3 C O_ 0 h o O O 0 m ei co O V' 50 1 N to co M N o 0 o 0 o 0 0 0 r.- 7,00 21,88 18,00 14,30 25,83 0 m Q N a m 0► h A 0 m 0 )RESE UNIT PRICE 8 - ti 52, 14, 4,44 N CO U Z H U -a N 0 0 1- O -- m co P.75 801 O co N .- N CAVATION 3REOATE BASE JIINOUS WEAR COURSE 1ROW (LV) INSTALL AND REMOVE) TOTAL BID AMOUNT 0 QH Zi TO 0 N 17 < W m -155- N 07:6' • • • • 2,000.00 43 381.20 23,010.00 1 8,538.75 32,870.00 8.000.00 In m m m 0 N 69 69 000ID ID 40 0 O el 0 Q 8 - I,- 0 I. -1-- .- /.. t O vi O I A 8 6)61696! 69 69161 $ 3,500.00 17,832.00 $ 27,300.00 $ 18,500.00 $ 48,800.00 $ 4,400.00 O v, w m 69 000 0. 000 r` 0 123 N N ID N 696969 69 0 O 0 O O Oi 0 5, 35, 23, 17, 28, . 4 69 M 0 0 O 3ARBI UNIT 'RICE 5 000, 12. 18. ID Ii CO e- 696969 -J O I- I- U J O. N O 0 I,.. m0 0 .-- 7E B0 BO N .. MOBILIZATION COMMON EXCAVATION CLASS 5 AGGREGATE BASE 2" 2380 BITUMINOUS WEAR COURSE I TOPSOIL BORROW (LV) SILT FENCE (INSTALL AND REMOVE) TOTAL BID AMOUNT .- N VI C10 0 • AGENDA ITEM 6Ei STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: July 23, 2007 TOPIC: Resolution No. 07 — 108, Accepting Quotes and Awarding a Contract, 2007 Surface Water Management Project, Pipe Cleaning. VOTE REQUIRED: Simple Majority BACKGROUND: Quotes were received by 10:00 a.m. on July 11, 2007. presented below. Contractor Westco Environmental Services Infratec Lametti Penn Contracting Visu -Sewer Clean and Seal Engineer's Estimate The results of the quotes are Amount of Bid $ 17,836.80 $ 27,044.56 $ 44,245.66 $ 46,860.00 $ 93,720.40 $ 48,360.00 The original bids for the 2007 Surface Water Management Project were rejected by City Council on June 25, 2007 due to errors in bidder calculations. A request for quotes was authorized on June 25, 2007. After discussion of the project scope of work with the bidders, it was determined that a more efficient method to complete the work would be to separate the activities into two projects. The two project categories would be pipe cleaning and outfall cleaning including restoration. The size of the project was also reduced due to budget constraints. A copy of the complete quote tabulation is attached. RECOMMENDATION: Staff recommends approval of Resolution Number 07 — 108, Accepting Quotes and Awarding a Contract, 2007 Surface Water Management Project, Pipe Cleaning. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -108 RESOLUTION ACCEPTING QUOTES AND AWARDING A CONTRACT - 2007 SURFACE WATER MANAGEMENT PROJECTS, PIPE CLEANING WHEREAS, pursuant to request for quotes for the construction of 2007 Surface Water Management Projects, quotes were received, opened and tabulated according to law, and the following quotes were received complying with the request: Contractor Amount of Bid Westco Environmental Services $ 17,836.80 Infratec $ 27,044.56 Lametti $ 44,245.66 Penn Contracting $ 46,860.00 Visu -Sewer Clean and Seal $ 93,720.40 Engineer's Estimate $ 48,360.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Westco Environmental Services, in the name of the City of Lino Lakes for the construction of the 2007 Surface Water Management Project, Pipe Cleaning. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 23`' 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. -158- • • • ENGINEERS • ARCHITECTS • PLANNERS QUOTES RECEIVED JULY 11, 2007, BY 10:00 AM ENGINEER'S ESTIMATE WESTCO ENVIRONMENTAL INFRATEC TEM UNIT TOTAL UNIT TOTAL UNIT TOTAL ,NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE , AMOUNT PRICE AMOUNT 0 0 0 CI $ 25,544.56 0 0 0 LO $ 27.044.58 1 o 0 O o o fA CO 0, tV fA o o C O In fH $ 1,000.00 $ 16,286.80 O o o 1) u� fA O CO m VI m ti T 444 O 0 O O o O 0 fA fA $ 550.00 1 $ 4,000.00 $ 42,860.00 $ 1,500.001 0 0 0 CD M m er w 0 0 0 0 0 Lri 0 0 fa fA $ 1,500.001 N LL J J CO J 1.0 8,572.0 O STORM SEWER PIPE CLEANING MOBILIZATION CLEAN STORM SEWER PIPE (INCLUDES CATCH BASIN /MAHOLE) TRAFFIC CONTROL TOTAL BID AMOUNT N Cl- -160- •O • • j 0 o Ic EA $ 91,720.40 00 oo 10 69 et n Is CO W 0 o 6 o in ea 0 6 Efl 0 o O o in EA Oo 00 Oo O 0 0 0 0 00 m 0 0 CO N N N m V) fA 4'3 0 0 0 gn 0 0 0 ,0 0 N GH EA 0 0 O O 0 O O O O LC) CV- E/9 $ 41, d} $ 44, LAI VIT ICE 0 o O m 0 o U) N EA 69- GH CD J LL J y J O 8,572.0 O STORM SEWER PIPE CLEANING MOBILIZATION CLEAN STORM SEWER PIPE (INCLUDES CATCH BASIN /MAHOLE) TRAFFIC CONTROL TOTAL BID AMOUNT N -160- •O • • • • • AGENDA ITEM 6Eii STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: July 23, 2007 TOPIC: Resolution No. 07 — 109, Accepting Quotes and Awarding a Contract, 2007 Surface Water Management Project, Outfall Cleaning. VOTE REQUIRED: Simple Majority BACKGROUND: Quotes were received by 10:00 a.m. on July 11, 2007. The results of the quotes are presented below. Contractor Amount of Bid Jay Bros., Inc. $ 15,300.00 Lametti $ 44,800.00 Engineer's Estimate $ 17,500.00 The original bids for the 2007 Surface Water Management Project were rejected by City Council on June 25, 2007 due to en-ors in bidder calculations. A request for quotes was authorized on June 25, 2007. After discussion of the project scope of work with the bidders, it was determined that a more efficient method to complete the work would be to separate the activities into two projects. The two project categories would be pipe cleaning and outfall cleaning including restoration. The size of the project was also reduced due to budget constraints. A copy of the complete quote tabulation is attached. RECOMMENDATION: Staff recommends approval of Resolution Number 07 — 109, Accepting Quotes and Awarding a Contract, 2007 Surface Water Management Project, Outfall Cleaning. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -109 RESOLUTION ACCEPTING QUOTES AND AWARDING A CONTRACT - 2007 SURFACE WATER MANAGEMENT PROJECTS, OUTFALL CLEANING WHEREAS, pursuant to an request for quotes for the construction of 2007 Surface Water Management Projects, quotes were received, opened and tabulated according to law, and the following quotes were received complying with the request: Contractor Amount of Bid Jay Bros., Inc. $ 15,300.00 Lametti $ 44,800.00 Engineer's Estimate $ 17,500.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Jay Bros., Inc., in the name of the City of Lino Lakes for the construction of the 2007 Surface Water Management Project, Outfall Cleaning. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 23rd 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. • ENGINEERS • ARCHITECTS • PLANNERS DOTES RECEIVED JULY 11, 2007, BY 10:00 AM ENGINEER'S ESTIMATE JAY BROTHERS LAMETTI UNIT TOTAL UNIT TOTAL UNIT TOTAL DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 0 000 0 0 oaoo vi 0 0 0 c eV 0 0 0 69- 0 0 0 0 co Y► 00 0 00 00 o ei 66 0 c ei $ 1.000.00 00 0 00 00 om r 69- 0 Ri Fa $ 500.00 1 0 0 0 0 rwo a w 00 0 00 0 0- 6 0 1.0 '. 6 $ 500.00 $ 4,000.00 $ 12,000.00 $ 1,500.00 0 0 0 0 to ti r- w 00 00 00 0 0 et: 6 $ 1,000.00 $ 1,500.00 J W J 00.0 STORM SEWER PIPE CLEANING CLEAN /OPEN STORM SEWER OUTFALL TOTAL BID AMOUNT N it STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 6F Michael Grochala July 23, 2007 Accepting Quit Claim Deed (QCD) from Robert and Joyce Moser. Authorizing Execution of QCD to Robert and Joyce Moser, Lake Dr /35W Interchange Improvements VOTE REQUIRED: Simple Majority BACKGROUND: In preparation for the Lake Drive /35W Interchange project the City acquired property (house and land), located on the comer of Lake Drive and Marshan Lane, from Ms. Elsie Rehbein,. As a part of this purchase, the City received a title insurance commitment from Registered Abstracters, Inc., that indicates there may be vague and ambiguous legal descriptions with possible gaps or overlaps between the property purchased by the City and that of the adjacent property owner to the east (Moser). To rectify this issue the City Attorney has recommended the exchange of deeds between the City and the Moser's with revised and corrected legal descriptions. The Moser's agreed to the exchange subject to the City providing a letter stating that the boundary line as described in the deeds corresponds to the boundary stakes that are currently existing along the property line. The boundary stakes and legal descriptions have been verified by our surveyors from SEH Inc., and the City Attorney has provided written confirmation to the Moser's as per their request. Staff is now requesting council authorization for the Mayor and Clerk to execute the Quit Claim Deed on behalf of the City and for the Council to accept the QCD from the Moser's. RECOMMENDATION: Staff recommends approval of a motion to accept the QCD from the Moser's and to authorize the Mayor and City Clerk to execute a QCD to the Moser's. ATTACHMENTS 1. Property Location Map 2. Quit Claim Deed from Robert and Joyce Moser to City of Lino Lakes 3. Quit Claim Deed to City of Lino Lakes from Robert and Joyce Moser • • • • • • PROPERTY LOCATION MAP Moser Property �` =: (Top 3 inches reserved for recording data) QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks Individual(s) to Business Entity Form 10.3.2 (2006) DEED TAX DUE: $ FOR VALUABLE CONSIDERATION, Robert C. Moser and Joyce Moser, husband and wife (insert name and manta, staters of each Granfoh hereby conveys and quitclaims to City of Lino Lakes a municipal corporation real property in Anoka See attached Exhibit "A" ( "Grantor"), (insert name of Grantee) under the laws of Minnesota County, Minnesota, legally described as follows: Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances. Check applicable box ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor (srynature) Robert C. Moser , ( "Grantee"), f)() s na ) Joyce Moser Page 1 of 2 -166- • • • • Page 2/112- State of Minnesota, County of /IN fi kfr This instrument was acknowledged before me on V UL Y 1 0 ;17 (month/day/year) and wife Minnesota Uniform Conveyancing Blanks Form 102.2 by Robert C. Moser and Joyce Moser, husband (insert name and marital status of Grantor) (Seal, if any) WILLIAM G. HI+INI NOTARY PUBLIO4IINEINXA IlpllR� �.SI{ 11h11hAAAAewr�.r�. u , - - - - THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, Minnesota 55303 (signature of notarial officer) Title (and Rank): My commission expires: (month/day/year) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: (insert name and address of Grantee to whom tar statements should be sent) City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 EDIT "A" That part of the Southeast Quarter of the Northwest Quarter of Section 17, Township 31, Range 22, Anoka County, Minnesota described as follows: Commencing at a point on the south line of said Southeast Quarter of Northwest Quarter distant 1013.21 feet east from the southwest corner thereof; thence South 89 degrees, 56 minutes West, assumed bearing along the south line of said Southeast Quarter of Northwest Quarter 65.80 feet; thence North 02 degrees, 25 minutes West 38.11 feet; thence North 02 degrees, 39 minutes East 28.50 feet; thence North 28 degrees, 47 minutes West 75 feet; thence North 46 degrees, 56 minutes West 35.50 feet; thence North 23 degrees, 10 minutes West 58 feet; thence North 40 degrees, 40 minutes West 39 feet; thence North 46 degrees, 19 minutes West 61 feet; thence North 71 degrees, 17 minutes West 30 feet; thence North 54 degrees, 16 minutes West 39.50 feet; thence North 78 degrees, 56 minutes West 102 feet; thence North 21 degrees, 25 minutes West 33.50 feet; thence South 88 degrees, 20 minutes West 54.25 feet to the point of beginning of the land to be described; thence North 24 degrees, 22 minutes, 52 seconds East 213.28 feet; thence North 65 degrees, 56 minutes, 34 seconds West 88.03 feet to the southeasterly right -of -way line of Old Trunk Highway No. 8; thence South 24 degrees, 48 minutes, 24 seconds West along said southeasterly right -of -way line 229.71 feet; thence South 70 degrees, 07 minutes East 65.90 feet; thence North 88 degrees, 20 minutes East 26.75 feet to the point of beginning. (also, Outlot E, Marshan Estates.) • • (Top 3 inches reserved for recording data) QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks Business Entity to Joint Tenants Form 10.3.6 (2006) DEED TAX DUE: $ DATE: (month/day/year) FOR VALUABLE CONSIDERATION, City of Lino Lakes (insert name of Grantor) a municipal corporation under the laws of Minnesota hereby conveys and quitclaims to Robert C. Moser and Joyce Moser , ("Grantor"), (insert name of each Grantee) ( "Grantee "), as joint tenants, real property in Anoka County, Minnesota, legally described as follows: See attached Exhibit "A" Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances. Check applicable box: ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor City of Lino Lakes (name of Grantor) By (signature) Its: Mayor (type of authonfy) By (a) Its: City Clerk (type of authoniy) - 169 - Page 1 of 2 - Page 2 of.2 Minnesota Uniform Conveyancing Blanks Form 10.3.6 State of Minnesota, County of Anoka This instrument was acknowledged before me on , by John Bergeson (month/day/year) (name of authorized signer) and by Julianne Bartell as Mayor (type of authority) as City Clerk (name of authorized signer) of City of Lino Lakes (type of authority) (name of Grantor) (Seal, if any) THIS INSTRUMENT WAS DRAFTED BY: (insert name and address) William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, Minnesota 55303 (signature of notarial officer) Title (and Rank): My commission expires: (month/day/year) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: (insert name and address of Grantee to whom tax statements should be sent) Robert C. Moser Joyce Moser 540 Marshan Lane Lino Lakes, Minnesota 55014 -170- • • • • EKHIBIT "A" - 3i- -2. _ That part of the Southeast Quarter of the Northwest Quarter of Section 17, Township 31, Range 22, Anoka County, Minnesota described as follows: Commencing at a point on the south line of said Southeast Quarter of Northwest Quarter distant 1013.21 feet east from the southwest corner thereof; thence South 89 degrees, 56 minutes West, assumed bearing along the south line of said Southeast Quarter of Northwest Quarter 65.80 feet; thence North 02 degrees, 25 minutes West 38.11 feet; thence North 02 degrees, 39 minutes East 28.50 feet; thence North 28 degrees, 47 minutes West 75 feet; thence North 46 degrees, 56 minutes West 35.50 feet; thence North 23 degrees 10 minutes West 58 feet; thence North 40 degrees, 40 minutes West 39 feet; thence North 46 degrees, 19 minutes West 61 feet; thence North 71 degrees, 17 minutes West 30 feet; thence North 54 degrees, 16 minutes West 39.50 feet; thence North 78 degrees, 56 minutes West 53.95 feet to the point of beginning of the land to be described; thence continuing North 78 degrees, 56 minutes West 48.05 feet; thence North 21 degrees, 25 minutes West 33.50 feet; thence South 88 degrees, 20 minutes West 54.25 feet; thence North 24 degrees, 22 minutes, 52 seconds East 213.28 feet; thence South 65 degrees, 56 minutes, 34 seconds East 110 feet; thence South 21 degrees, 42.minutes, 1 seconds West 202.60 feet to the point of beginning. (also, Outlot F, Marshan Estates.) • • • CITY COUNCIL WORK SESSION July 2, 2007 DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 4 DATE : July 2, 2007 5 TIME STARTED : 5:35 p.m. 6 TIME ENDED : 9:30 p.m. 7 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, 8 Stoltz and Mayor Bergeson 9 MEMBERS ABSENT : Reinert 10 11 12 Staff members present City Administrator, Gordon Heitke; Community Development 13 Director, Mike Grochala; Public Safety Director, Dave Pecchia; Police Captain Kent 14 Strege; City Engineer, Jim Studenski; Finance Director, Al Rolek; Public Services 15 Director, Rick DeGardner, Economic Development Coordinator, Mary Alice Divine; 16 Associate Planner, Paul Bengtson; and City Clerk, Julie Bartell 17 18 ANDERSON BUILDERS UPDATE 19 20 Economic Development Director Divine reported that Anderson Builders has submitted a 21 concept plan for the city -owned three acre site on Lake Drive north of 77th Street. 22 Questions arose at a previous work session regarding the realignment of 77th Street and 23 also about the amount of the purchase offer. A second appraisal of the property that takes 24 into consideration current market conditions and property use restrictions was completed 25 in June and the value came in within range of the current offer. 26 27 Dave Anderson, Anderson Builders, announced that they are still interested in working on 28 developing this site; he reviewed a concept plan drawing. Regarding roadway alignment 29 planning, they have obtained purchase agreements from the two affected property owners. 30 31 The Council agreed to consider the conveyance of land and approval of the proposed 32 preliminary development agreement at the July 9, 2007 council meeting. 33 34 CITIZENS TASK FORCE REPORT 35 36 Kathi Gallup, Chair of the Citizen's Task Force to Review Charter Provisions Pertaining 37 to Local Improvements, presented a review of the group's report. Also present was Jon 38 Lathum and Laura Carlson, members of the task force. 39 40 The group looked at the city's Pavement Management Plan and found that Lino Lakes is 41 unique in requiring a local election for each street reconstruction. The group did not only 42 rely on existing information, however, but reached out and sought input on the subject. 43 Three major reasons were noted for seeking a change: finance, safety and public support. 44 1 CITY COUNCIL WORK SESSION July 2, 2007 DRAT 1 Chair Gallup noted that the Charter Commission does not support a change. She read the 2 task force recommendations included in the report. 3 4 The Council confirmed that the definition of "local improvement" would include new 5 development areas and that improvement costs associated with new developments have 6 not been passed on to the taxpayers and that shouldn't change. 7 8 Steve Bubul, attorney with Kennedy & Graven, advised that if the council wants to 9 pursue a charter amendment, they could put the recommendations in ordinance form and 10 send them forward to the Charter Commission. 11 12 The council thanked the task force for a good process and report and confirmed that the 13 recommended change (charter amendment language) had been reviewed for legality and 14 also confirmed that the presented recommendations represent a strong concensus of the 15 group. 16 17 Administrator Heitke noted that communication would be key if the proposal were to 18 move forward, including where the law and the charter end and policy fits in. To 19 preserve the possibility of the amendment appearing on the fall ballot, the change (in 20 ordinance form) would have to be considered at the July 9 council meeting. The city 21 attorney has advised that the ordinance can be referred to the Charter Commission after 22 its first reading. 23 24 The council concurred to consider first reading of an ordinance on July 9. 25 26 LINO LAKES AMBASSADORS PROGRAM REPORT AND REQUEST 27 28 Blue Heron Days Committee members Alyssa Stull, Lynn Bergman, Stephanie Smith 29 (Treasurer), Bill Combs (parade coordinator) and Dave Bauer (Jaycees) presented the 30 council with a letter requesting a cash donation in 2008 for Blue Heron Days and showed 31 a PowerPoint presentation on the Miss Lino Lakes Ambassador Program. Relative to the 32 ambassador program, the group requested use of a city vehicle and possibly a driver to 33 facilitate pulling the float in area parades. The council reviewed photos of city cars from 34 other area cities puling floats. 35 36 The council agreed to add consideration of Blue Heron Days funding to the 2008 budget 37 discussion. It was suggested, however, that if one non -profit funding request is 38 considered in the budget, all "causes" should be allowed to submit requests. Regarding 39 provision of a vehicle and driver for the float, the council directed that city staff 40 investigate the details and provide information back to the council. 41 42 The mayor urged all council members to attend this year's ambassador's coronation 43 program. 44 2 - 1 7 3 - • • • • • • CITY COUNCIL WORK SESSION July 2, 2007 DRAFT 1 Parade Coordinator Bill Combs showed a 4 foot by 4 foot advertising banner that the 2 Blue Heron Days Committee would like to strategically place at a few places in the city; 3 permission is requested to place the banners for longer than is allowed by the city code. 4 5 The council requested that staff review the banner issue. 6 7 EMPLOYEE COMPENSATION SYSTEM, ANN ANTONSEN, SPRINGSTED 8 9 Ms. Antonsen, human resources consultant with Springsted, noted that the council 10 recently considered salary adjustments and requested assistance in getting outstanding 11 questions answered, including institution of a performance based pay system. 12 13 Council comments included confirmation that the city administrator review should occur 14 and remaining concern about the impact recently approved adjustments could have on the 15 pay equity picture. 16 17 Ms. Antonen explained that the pay equity report filed with the state is an ever changing 18 document; salary adjustments between reporting periods are not unusual. 19 20 The council indicated they are interested in receiving a proposal to establish a process the 21 city can use in determining and documenting a clear compensation program. 22 23 Ms. Antonen responded to whether or not there are governmental employers utilizing 24 performance pay based compensation systems. There are some cases but they are hybrid 25 and generally that element is just one component of the system. Funding can be a key 26 question if there is a desire to differentiate. 27 28 The council requested an estimate from Springsted of the cost of a study that would 29 document what's in place, comparisons to other cities and recommendations for 30 improvement for the city's union and non -union wage systems. 31 32 REVIEW REGULAR AGENDA ITEMS 33 34 There were no changes to the regular Council agenda.. 35 36 CRIME FREE MULTI HOUSING CODE 37 38 Captain Strege explained that police staff have reviewed what' s going on in other cities in 39 the area of rental housing regulations, and is working with the Community Development 40 division to bring forward a crime -free rental housing code as well as an incentive program 41 (Star Program) for landlords to keep housing safe and livable. 42 43 Public Safety Director Pecchia added that this licensing would be new to Lino Lakes and 44 is proposed to be enforced by inspections through the Police and Community 45 Development departments. The focus will initially be on multi-units but will apply to all 3 CITY COUNCIL WORK SESSION July 2, 2007 DRAFT 1 rental housing in the city, including single family. Resources that area needed will be 2 determined as the program moves ahead. 3 4 The council recommended that any rejection criteria or policy should be reviewed by the 5 city attorney. 6 7 The ordinance will appear on the July 23 council agenda or August work session. 8 9 EMERGENCY MANAGEMENT 10 11 Public Safety Director Pecchia explained that there is a new ordinance being prepared as 12 well as a joint powers agreement from the county attorney (that would also include the 13 prison facility). When that information is in place, the city's formal plan can be updated 14 and approved for submission. 15 16 2007 -2008 COUNCIL GOALS 17 18 Since all council members were not present, review of goals was held over to the next 19 meeting. 20 21 2008 BUDGET PROCESS AND SCHEDULE 22 23 Finance Director Rolek reviewed the proposed schedule. When asked about any revenue 24 or resource implications, he explained that the assessor's information is not yet available 25 but the valuations are basically historical (previous year) for this year's revenue. 26 27 The council rescheduled their budget work session to August 22, 4:00 p.m 28 29 VLAWMO BUDGET /JPA UPDATE 30 31 Lino Lakes VLAWMO representative Donna Carlson updated the counciL The proposed 32 budget has increased and may continue to do so. The board voted to send the budget to 33 area councils, however, it hasn't been received as yet. It may be feasible for the council 34 to look at the budget at the next work session (July 23). It was confirmed that BWSR 35 will not approve the required water plan without resolution of the JPA issue. 36 37 The meeting was adjourned at 9:30 p.m. 38 39 These minutes were considered, corrected and approved at the regular Council meeting held on 40 July 23, 2007. 41 42 43 44 45 Julianne Bartell, City Clerk John Bergeson, Mayor 4 -175- • •