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HomeMy WebLinkAbout08/13/2007 Council PacketSUMMARY MINUTES Monday August 13, 2007 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members Carlson, O'Donnell, Reinert &Stoltz City Administrator: Gordon Heitke ➢ Open Mike / Public Comment John DeHaven, 1612 Birth Street, requested city assistance with a mortgage issue; staff directed to review issue and report at future work session ➢ Call to Order and Roll Call 6:40 p.m. — Present were Mayor Bergeson, Council Members Stoltz, Reinert, Carlson Absent — Council Member O'Donnell ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was approved as amended to move Consent Items 1C and 1D to New Business Lino Lakes Ambassadors Presentation Mayor's Report on Administrator's Review E ° AGENQA A) Consideration of Expenditures: i) August 13, 2007 (Check No. 80705 through 80870) in the amount of $1,611,121.69; ii) Centennial Fire District (Check No. 2797 through 2809) in the amount of $2,583.45 B) Resolution No. 07 113, Approving Peddlers License for Pg 24 25 Big Bell Ice Cream, Inc. C) Consider approval of July 10, 2007 Special City Council Pg 26 Minutes (performance review) (Moved to New Business) D) Consideration of Resolution No 07 -114, Approving Classification Pg 27 -34 of Tax Forfeit Property and Notice to Obtain Property, Michael Grochala (Moved to New Business) Pg 4 -23 Council Agenda -2- 8/13/2007 SUMMARY MINUTES E) Consideration of Resolution No. 07 -115, Approving Agreement Pg 35 -43 with Anoka County for 2007 Residential Recycling Program, Marty Asleson Action Taken: Motion by Stoltz, seconded by Carlson, to approve the Consent Agenda, Items 1A and 1E only, was adopted by a unanimous voice vote; Absent — O'Donnell MENT.I • �fA 1ote A) Accept donation from Centennial Firefighters Relief Assn for safety camp costs, Al Rolek Action Taken: Motion by Carlson, seconded by Stoltz, to accept the donation with thanks, was adopted by a unanimous voice vote; Absent — O'Donnell Pg 44 ,ATION DEPARTMENT REPORT A) Consideration of Resolution 07 -117, Approving 2007 -2008 Council Goals, Gordon Heitke Action Taken: Motion by Stoltz, seconded by Reinert, to approve Resolution 07 -117 as presented, was adopted by a voice vote; Abstain — Carlson; Absent — O'Donnell Pg 44a �LIC S ARTMENT REPO lee A) Consider Second Reading and Passage of Ordinance No. 08 -07, Pg 45 -49 Lino Lakes Crime Free Housing Code and Police Department Safer Tenants and Rental (STAR) Program roll call Action Taken: Motion by Reinert, seconded by Stoltz, to approve second reading and passage of Ordinance No 08 -07 as presented, was adopted by a roll call vote: Yeas, 4; Nays, none; Absent — O'Donnell B) Consideration of Resolution No. 07 -120 approving summary Pg 49a -d publication of Ordinance No. 08 -07, Dave Pecchia Action Taken: Motion by Carlson, seconded by Reinert, to approve Resolution No. 120, was adopted by a unanimous voice vote; Absent — O'Donnell Council Agenda -3- SUMMARY MINUTES A) Sale of City Property 8/13/2007 i. Second Reading of Ordinance 06 -07 conveying City Pg 50 -87 owned land to Greg Anderson Development, LLC, Mary Divine roll call Action Taken: Motion by Stoltz, seconded by Bergeson, to approve second reading and passage of Ordinance No. 06 -07, lost on a roll call vote: Yeas, 2; Nays, 2; Absent — O'Donnell ii. Consideration of Resolution No. 07 -100 approving a Pg 88 -100 Preliminary Development Agreement with Greg Anderson Development, Mary Divine Action Taken: Motion by Bergeson, seconded by Stoltz, to table Resolution No. 07 -100 indefinitely, was adopted by a unanimous voice vote; Absent — O'Donnell B) Consider 1St Reading of Ordinance No. 09 -07, Adopting 2007 State Pg 101 -105 Building Code, Pete Kluegel roll call Action Taken: Motion by Reinert, seconded by Carlson, to approve 1st reading of Ordinance No. 09 -07 as presented, was adopted on a roll call vote; Yeas, 4; Nays, 0; Absent — O'Donnell C) Consider 1St Reading of Ordinance No. 10 -07, Adopting 2007 State Pg 106 -108 Fire Code, Milo Bennett roll call Action Taken: Motion by Stoltz, seconded by Reinert, to approve 1st reading of Ordinance No. 09 -08 as presented, was adopted on a roll call vote; Yeas, 4; Nays, 0; Absent — O'Donnell D) Grandview i. Consider Resolution No. 07 -111, Approving a Preliminary Pg 109 -120 Plat, Paul Bengtson Action Taken: Motion by Carlson, seconded by Stoltz, to approve Resolution No. 07 -111 as presented, was adopted by a unanimous voice vote; Absent — O'Donnell ii. Consider Resolution No. 07 -112, Authorizing Execution Pg 121 -136 of a Grading Only Development Contract, Jim Studenski Action Taken: Motion by Stoltz, seconded by Reinert, to approve Resolution No. 07 -112 as presented, was adopted by a unanimous voice vote; Absent — O'Donnell Council Agenda -4- SUMMARY MINUTES E) Consideration of Resolution No. 07 -116, Approving Plans & Specifications and Authorizing Advertisement for Bids, CSAH 14/8 Median Landscaping, Jim Studenski Action Taken: Motion by Reinert, seconded by Stoltz, to approve Resolution No. 07 -116 as presented, was adopted by a unanimous voice vote; Absent — O'Donnell 8/13/2007 Pg 137 -140 F) Lake Drive /35W Improvement Project Pg 140a -g i. Resolution No. 07 -118, Approving Change Order No. 1, Lake Drive /35W Improvement Project ii. Resolution No. 07 -119, Approving Change Order No. 2 Median Island Landscaping, Lake Drive /35W Improvement Project Action Taken: Motion by Reinert, seconded by Stoltz, to approve Resolutions No. 07 -118 and 07 -119 as presented, was adopted by a unanimous voice vote; Absent — O'Donnell None A) Consider approval of July 10, 2007 Special Closed City Council Minutes (personnel matter) Council Member Reinert absent Action Taken: Motion by Carlson, seconded by Stoltz, to approve the minutes as presented, was adopted by by a voice vote; Abstain — Reinert; Absent — O'Donnell Pg 141 B) Consider approval of July 23, 2007 Work Session Minutes Pg 142 -143 Council Member Stoltz absent Action Taken: Motion by Reinert, seconded by Carlson, to approve the minutes as presented, was adopted by by a voice vote; Abstain — Stoltz; Absent — O'Donnell C) Consider approval of July 23, 2007 City Council Meeting Minutes Council Member Stoltz absent Pg 144 -149 Action Taken: Motion by Carlson, seconded by Reinert, to approve the minutes as amended, was adopted by by a voice vote; Abstain — Stoltz; Absent — O'Donnell D) Consider approval of July 23, 2007 Special City Council Pg 150 -151 Minutes Council Member Stoltz absent Action Taken: Motion by Reinert, seconded by Carlson, to approve the minutes as presented, was adopted by by a voice vote; Abstain — Stoltz; Absent — O'Donnell Council Agenda -5- 8/13/2007 SUMMARY MINUTES E) Consider approval of July 10, 2007 Special City Council Pg 26 Minutes (performance review) (moved from consent agenda) Action Taken: Motion by Carlson, seconded by Stoltz, to approve the minutes as amended, was adopted by by a unanimous voice vote; Absent — O'Donnell F) Consideration of Resolution No 07 -114, Approving Classification Pg 27 -34 of Tax Forfeit Property and Notice to Obtain Property, Michael Grochala (moved from consent agenda) Action Taken: Motion by Carlson, seconded by Stoltz, to approve Resolution No. 07 -114 as presented, was adopted by by a unanimous voice vote; Absent — O'Donnell ijou h enl Adjourned at 8:50 p.m. IL Community Calendar- A Look Ahead August 14 — August 27, 2007 Wednesday, August 15 Fri -Sun, August 17 -19 Wednesday, August 22 Wednesday, August 22 Thursday, August 23 Monday, August 27 Monday, August 27 6:30 p.m., Community Room See www.blueherondays_org 4:00 p.m., Police Work Room 6:30 p.m., Community Room 6:30 p.m., Community Room 5:30 p.m., Community Room 6:30 p.m., Council Chambers Comp Plan Adv. Panel Blue Heron Days 2008 Budget WS Comp Plan Adv. Panel Charter Commission Council Work Session Council Meeting • EXPENDITURES AUGUST 13, 2007 • • Date: 07/19/2007 Time: 09:25 :29 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 6469 - 6469 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N • Discount Vendor # Name # of items Net Gross Discount Lost 000489 TDS METROCOM 1 1,013.51 1,013.51 .00 .00 002570 METRO COUNCIL ENRIVONNENTAL SERVICES 1 61,266.78 61,266.78 .00 .00 002760 MN. DEPT OF HEALTH 1 6,456.00 6,456.00 .0D .00 002836 MINNESOTA STATE TREASURER 1 4,489.29 4,489.29 .00 .00 003250 XCEL ENERGY 1 6,989.16 6,989.16 .00 .00 003260 STANSBERRY, KAY 1 23.20 23.2D .00 .00 003271 HSBC BUSINESS SOLUTIONS 1 549.47 549.47 .00 .00 003442 STUART, KIM 1 95.00 95.00 .00 .00 003457 BOELTL, MELINDA 1 60.00 60.00 .DD .00 D03491 PETTY CASH 1 66.40 66.40 .00 .00 003567 BAROTT, SUSAN 1 95.00 95.00 .00 003660 HARTFORD, JOY 1 75.0D 75.00 .00 003757 X LLERRIS, JOSEPH A 1 1,675.00 1,675.00 .00 .00 003817 SCHALLY, JAMES E & JANET,r,F C 1 417.29 417.29 .00 .00 003462 LYNCH, DENISE 1 95.00 95.00 .00 .00 003864 LINDNER, CINDY 1 95.00 95.00 .00 .00 003977 MEND, GRACE 1 25.00 25.00 .00 .00 900058 HANSON BUILDERS, INC. 1 500.00 500.00 .00 .00 Grand Totals: 18 83,986.10 83,986.10 .00 .0D* • Date: 07/26/2007 Time: 15:05:00 City of Lino Lakes FM Entry - Invoice Journal •ies: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 6482 6482 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Sort: N Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Check Over Expend: N Discount VPnrlor # Name # of items Net Gross Discount Lost 000077 DEMARS, MITCH 1 279.79 279.79 .00 .00 000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 179.84 179.84 .00 .00 000537 CENTRAL PENSION FUND 1 2,611.20 2,611.20 . 00 .00 000539 TARGET 1 50.57 50.57 .00 .00 000634 TRAYLOR, ALAN 1 100.00 100.00 .00 .00 000906 ANDERSON CUSTOM HOMES 1 2,500.00 2,500.00 .00 .D0 001016 MINNESOTA STATE RETIREMENT SYSTEM 1 836.72 836.72 .00 .00 001110 CIRCLE PINES, CITY OF 1 1,184.21 1,184.21 .00 .00 001395 NEXTEL COMMUNICATIONS 1 827.67 827.67 .00 .00 002000 INTL UNION OF OPER ENGR 1 510.00 510.00 .0D .00 1111y31 MN CHILD SUPPORT PAYMENT CENTER 1 257.03 257.03 .00 .00 uu3091 MN NCPERS LIFE INSURANCE 1 416.00 416.00 .00 .00 003250 XCEL ENERGY 1 11,757.29 11,757.29 .00 .00 004010 ANDERT, ANN 1 120.00 120.00 .00 .00 004012 BARRON, CINDY 1 60.00 60.00 .00 .00 004070 REED BUSINESS INFORMATION 1 169.48 169.48 .00 .00 004101 GREGORY, NANCY 1 10.00 10.00 .00 .00 004110 GABEL, TED 1 10.00 10.0D .00 .D0 D04126 GRONE, SHERI 1 10.0D 10.00 .00 .00 004209 MCDONALD, JENNA 1 20.00 20.00 .00 .00 D04263 MAGNUSON, ANITA 1 10.00 10.00 .00 .00 004511 SCHWARTZ, KAREN 1 50.00 50.00 .00 .00 • Date: 07/26/2007 Time: 15:05:01 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Vendor # Name # of items Net Gross Discount 004531 004788 TDI CABLE ?MINTENANCE, INC. SPRINT Grand Totals: 1 350.00 350.00 .00 .00 1 94.17 94.17 .00 .00 24 22,413.97 22,413.97 .00 .00* • • Date: 08/03/2007 Time: DB:20:52 City of Lino Lakes FM Entry - Invoice Journal •es: Vendor #: (A) Invoice #: (A) Entry Oournal #: (R) 6489 6489 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Sort: N Operator: UAL Page: 1 Invoice Status: A # of copies: 1 Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000012 AUDIO COMMUNICATIONS 1 577.24 577.24 .00 .00 000095 ADVANCED GRAPHIX, INC. 1 92.66 92.66 .00 .00 000100 AID ELECTRIC SERVICE, INC. 1 164.50 164.50 .00 .00 000157 ALL SEASONS RENTAL, INC. 1 185.08 185.08 .00 .00 000174 W. W. GOETSCH ASSOCIATES, INC. 1 605.55 605.55 .0D .00 000203 WTNGFOOT COMMERCIAL TIRE SYSTEMS, LLC 2 713.51 713.51 .00 .0D 000225 WHITE BEAR LOCKSMITH, INC. 1 87.54 87.54 .00 .00 D00232 AMERICAN IRON & SUPPLY COMPANY, INC 1 73.89 73.89 .0D .00 000244 SCHAHN, HEIDI 1 50.00 50.00 .00 .00 D00256 DEEP ROCK WATER COMPANY 1 71.21 71.21 .D0 .00 .274 LYNN PEAVEY COMPANY, INC. 1 95.70 95.70 .00 .00 ..0320 ANCHOR PAPER COMPANY, INC. 1 655.65 655.65 .00 .00 000365 STAPLES BUSINESS ADVANTAGE 1 123.83 123.83 .00 .00 D00370 CENTRAL COMMUINICATIONS 1 900.00 900.00 .00 .00 000399 ALLDATA CORPORATION 1 1,597.50 1,597.50 .00 .00 000420 ANOKA COUNTY 1 276.00 276.00 .00 .00 D00440 ANOKA COUNTY GOVERNMENT CENTER 2 1,570.15 1,570.15 .00 .00 000468 RELIASTAR LIFE INSURANCE COMPANY 1 1,445.38 1,445.38 .00 .D0 000485 LINO LAKES REALTY, LLC 1 72,406.00 72,406.00 .00 .0D 000486 COORDINATED BUSINESS SYSTEMS, LTD. 1 467.73 467.73 .00 .00 000512 SCHWAN'S HOME SERVICE, INC. 1 8,432.00 8,432.00 .00 .00 000541 ASPEN MILLS, INC. 1 236.03 236.03 .00 .00 • Date, 08/03/2007 Time: 08:20:52 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Vendor # Name # of items Net Gross Discount 000542 PRLAGAI , SUSAN 1 60.00 60.00 .00 .00 000578 HANGGI, SONJA 1 25.00 25.00 .00 .00 000629 SHAR.AFUDDIN, ESAM 1 25.00 25.00 .00 .00 000649 MSTMA C/O RANDY BASTYN 1 120.00 120.00 .DO .00 000677 PHILIP'S TREE CARE 1 225.78 225.78 .00 .00 000685 BILL'S GUN SHOP /RANGE -BJAM, INC. 1 78.00 78.00 .00 .00 000720 BLAINE, CITY OF 1 2,194.64 2,194.64 .00 .0D 000724 BLUE TOW SERVICE, INC. 1 311.16 311.16 .00 .00 000768 SPORTS UNLIMITED, INC. 1 793.D0 793.00 .00 .00 000770 BOYER TRUCKS, INC. 1 60.17 60.17 .00 .00 000B60 BROADWAY AWARDS, INC. 1 57.52 57.52 .00 .00 000871 MONSON, MIKE 1 77.53 77.53 .00 .00 000879 PREFERRED ONE COMMUNITY HEALTH PLAN 1 43,081.16 43,081.16 .00 .00 000880 BRYAN ROCK PRODUCTS, INC. 1 861.18 861.18 .00 .00 000900 O'REILLY AUTOMOTIVE, INC. 1 392.07 392.07 .00 .00 000913 TARO SPORTSWEAR, INC. /SATURN SCREENPRSNT 1 116.20 116.20 .00 41.0, 000950 C. W. HOULE, INC. 1 2,776.00 2,776.00 .00 000984 CONTRACT HARDWARE 1 3,401.00 3,401.00 .00 .00 000998 AGGREGATE INDUSTRIES, INC. 3 904.11 904.11 .00 .00 001000 CATCO PARTS, INC. 1 196.30 196.30 .00 .00 001008 COLUMBUS, TOWN OF 1 2,731.00 2,731.00 .00 .00 001043 CENTRAL LANDSCAPING, INC. 1 34.61 34.61 .00 .00 001053 CENTER FRAME AND WHEEL ALIGN, INC. 2 190.00 190.00 .00 .00 D01072 GAMETIME/PLAYCORE HOLDINGS, INC. 1 99.84 99.84 .00 .D0 001100 CIRCLE PINES POST OFFICE 1 588.97 588.97 .00 .00 001148 EGAN OIL COMPANY 1 13,513.85 13,513.85 .00 .00 001230 CRYS'rr.wL TRUCK EQUIPMENT, INC. 1 4,854.97 4,854.97 .00 .00 • Date: 08/03/2007 Time: 08:2053 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 •Discount r # Name # of items Net Gross Discount Lost 001270 DALCO, INC. 1 620.36 620.36 .00 .00 001301 DELTA DENTAL PLAN OF MINNESOTA 1 4,506.10 4,506.10 .00 .00 001350 E. G. RUD & SONS, INC. 1 3,105.00 3,105.00 .00 .00 001380 EARL ANDERSON ASSOCIATION, INC. 3 652.03 652.03 .00 .00 001480 HAWKINS INC. 2 14,429.60 14,429.60 .00 .00 001520 FLANAGAN SALES, INC. 1 768.38 768.38 .00 .00 001530 FOREST LAKE FORD, INC. 1 22.77 22.77 .00 .00 001550 ASSURANT EMPOLYEE BENEFITS 1 1,028.13 1,028.13 .00 .00 001610 GILLUND ENTERPRISES, INC. 1 161.08 161.08 .00 .00 001626 MARMON KEYSTONE 1 27,731.00 27,731.00 .00 .00 001680 ONE CATS, CONCEPTS, INC. 1 559.70 559.70 .00 .00 001814 HARDWOOD CREEK LUMBER, INC. 1 96.49 96.49 .00 .00 001859 HOME DEPOT CP.EDIT SERVICES 1 5.29 5.29 .00 .00 001860 KENNEDY AND GRAVEN, INC. 1 4,353.75 4,353.75 .D0 .0D 001880 HUGO FEED MILL, INC. 1 739.47 739.47 .00 .00 971 INFRATECH TECHNOLOGIES, INC. 1 14,720.20 14,720.20 .00 .0D 1977 I.T.L. PATCH COMPANY, INC. 1 324.13 324.13 .00 .00 002270 LAKESIDE AUTO & PAINT, INC. 1 1,883.50 1,883.50 .00 .00 002310 LEAGUE OF MINNESOTA CITIES 1 47.39 47.39 .D0 .00 002320 LEAGUE OF MN CITIES INS TRST 1 489.00 489.00 .00 .0D 002324 LEROY J. HOULE CONTRACTING 1 50.00 50.00 .00 .00 002613 MIDWEST LANDSCAPES, INC. 1 237.00 237.00 .00 .00 002822 MINNESOTA COUNTY ATTORNEYS ASSOC 1 195.00 195.00 .00 .00 002B49 MINNESOTA PETROLEUM SERVICE, INC. 1 35.76 35.76 .00 .00 002980 SUMMIT FIRE PROTECTION, INC. 1 1,035.00 1,035.00 .00 .00 003180 NEWMAN TRAFFIC SIGNS, INC. 1 1,578.12 1,578.12 .00 .00 003230 MECRLE, TERRY 1 137.63 137.63 .00 .00 • at 08/03/2007 Time 08:20:53 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 4 Dis Vendor # Name # of items Net Gross Discount 003293 SKYHAWKS SPORTS ACADEMY, INC. 003300 NORTHWAY IRRIGATION /LANDSCAPING 003490 PETTY CASH 003600 PRESS PUBLICATIONS, INC. 003627 PRAIRIE MOON NURSERY, INC. 003790 DEWIDT, REBECCA 003868 S & S WORLDWIDE, INC. 003880 SHORT - ELLIOTT- HENDRICKSON, INC. 004063 ANOKA COUNTY LICENSE BUREAU 004099 SRF CONSULTING GROUP, INC. 004150 STAR TRIBUNE, INC. 004240 STREICHER'S, INC. 004340 T.A. SCHIFSKY AND SONS, INC. 004350 T.K.D.A. 004410 THANE HAWKINS POLAR CHEVROLET, INC. 004470 COMO LURE & SUPPLIES, INC. 004539 BROWN, LISA 004562 HD SUPPLY WATERWORKS, LTD. 004590 UNIFORMS UNLIMITED, INC. 004670 COMCAST 004762 NEU & COMPANY, INC. 004789 BERGMAN, LYNN 004802 BRUGGEMAN PROPERTIES, LLC 004803 CRITICAL CONNECTIONS ECOLOGICAL SERVICES D04818 SINCERUS COMPANY 004840 WINNICK SUPPLY, INC. 004850 TRZTTEL, MICHELLE 3 7,404.00 7,404.00 .00 .00 1 510.00 510.00 .00 .DD 1 163.20 163.20 .00 .00 3 571.12 571.12 .00 .00 1 120.77 120.77 .00 .00 1 60.00 60.00 .00 .00 1 15.47 15.47 .00 .00 1 16,399.84 16,399.64 .00 .00 2 463.03 463.03 .00 .00 1 169.67 169.67 .00 .00 1 671.40 671.40 .00 .00 1 480.04 480.04 .00 .00 3 4,223.96 4,223.96 .00 .00 33 91,949.89 91,949.89 .00 .0D 2 31,829.21 31,829.21 .00 .00 1 623.45 623.45 .00 1 20.00 20.00 .00 . 0 1 10,901.76 10,901.76 .00 .00 1 74.62 74.62 .00 .00 1 34.95 34.95 .00 .00 1 8,306.39 8,306.29 .00 .00 1 178.48 176.48 .00 .00 1 40,000.00 40,000.00 .00 .00 1 1,431.01 1,431.01 .00 .00 1 161.73 161.73 .00 .00 2 124.96 124.96 .00 .00 1 16.00 16.00 .0D .00 • Date: 08/03/2007 Time: 08:20 :54 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 5 Discount Name # of items Net Gross Discount Lost 004910 UNITROL /STINGER SPIKE SYSTEMS 005002 FRIES TREES, INC. 005004 JOHNSTON, SHELLY 005005 GREEN LIGHTS RECYCLING, INC. 005007 LUNDA CONSTRUCTION COMPANY 005009 PRAIRIE RESTORATIONS, INC. 005013 C0%, BRENNAN 005017 LINO LAKES BUSINESS CENTER 5,6,7,8 005032 CENTRAL WOOD PRODUCTS, INC. 006304 IBS OFFICE AUTOMATIONS, INC. 007148 NARDECCHIA, JULIE 007224 HUGO MILL OUTDOOR POWER, INC. 900471 BONESTROO, INC. 900491 ROSEVILLE, CITY OF 900516 CENTENNIAL COMMUNITY EDUCATION 23 OLSON SEWER SERVICE, INC. 900569 COTTAGE HOMESTEADS Grand Totals: • 1 106.39 106.39 .00 .00 1 400.00 400.00 .00 .00 1 66.00 66.00 .00 .00 1 158.56 158.56 .00 .00 1 977,402.72 977,402.72 .00 .00 1 95.85 95.85 .00 .00 1 10,700.00 10,700.00 .00 .00 1 22,427.00 22,427.00 .00 .00 1 1,432.96 1,432.96 .00 .00 1 293.94 293.94 .00 .00 1 50.00 50.00 .00 .00 1 198.76 198.76 .DD .00 1 8,109.50 8,109.50 .00 .00 1 1,825.40 1,825.40 .00 .00 1 30.00 30.00 .00 .00 2 800.50 800.50 .00 .0D 1 15,611.00 15,611.00 .00 .00 170 1,504,721.62 1,504,721.62 .00 .00* Date: 0E/03/2007 Ranges: Time: 08:49:42 Operator: JAL Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 6471 - 6494 Bank #: (A) Options: Print Ranges /Options: Y # of copies: 1 Page on Department: N Department Vendor Name Description Amount AMERICAN FAMILY LIFE PAYROLL WITHHOLDING 179.84 ANOKA COUNTY EASEMENT INCROACHMEENT 92.00 RELIASTAR LIFE INSUR LIFE INSURANCE 1,088.42 CENTRAL PENSION FUND PAYROLL WITHHOLDING 2,611.20 BLUE TOW SERVICE, IN TOW ;92 HONDA CIVIC /07 -1 311.16 PREFERRED ONE COMMON MEDICAL INSURANCE 9,805.50 MINNESOTA STATE RETI PAYROLL WITHHOLDING 836.72 DELTA DENTAL PLAN OF DENTAL INSURANCE 2,456.38 INTL UNION OF OPER E PAYROLL WITHHOLDING 510.00 METRO COUNCIL ENVIRO JUNE SAC 16,582.50 MN DEPT OF LABOR /IND 2ND QTR SURCHARGE 4,489.29 MN CHILD SUPPORT PAY TERRY J MECKLE /001411778 257.03 MN NCPERS LIFE INSUR PAYROLL WITHHOLDING 416.00 KELLERHUIS, JOSEPH A REIMBURSE SAC /311 ELM ST 1,675.00 Total for Department 41,311.04* MAYOR /COUNCIL KENNEDY AND GRAVEN, CHARTER REVIEW /78117 3,788.25 MAYOR /COUNCIL NEU & COMPANY, INC. PROFESSIONAL FEE /CONSULT 8,306.39 MAYOR /COUNCIL BERMAN, LYNN MAINTENANCE /PRESENTATION 178.48 Total for Department 401 12,273.12* ADMINISTRATION RELIASTAR LIFE INSUR LIFE INSURANCE 23.75 ADMINISTRATION PREFERRED ONE COMMON MEDICAL INSURANCE 2,266.74 ADMINISTRATION DELTA DENTAL PLAN OF DENTAL INSURANCE 161.03 ADMINISTRATION NERTEL COMMUNICATION MONTHLY SERVICE /JUNE 16.82 ADMINISTRATION ASSURANT EMPLOYEE BE GROUP INSURANCE 82.86 ADMINISTRATION LEAGUE OF MINNESOTA 2007 DIRECTORY OF MN CIT 47.39 ADMINISTRATION PETTY CASH BOX /SHELF 10.63 ADMINISTRATION PETTY CASH PARKING 5.00 ADMINISTRATION PRESS PUBLICATIONS, ADVERTISING /POLICE OFFIC 141.00 ADMINISTRATION STAR TRIBUNE, INC. ADVERTISING /POLICE OFFIC 671.40 ADMINISTRATION SPRINT MONTHLY SERVICE /JUNE 94.17 Total for Department 402 3,520.79* SENIORS RELIASTAR LIFE INSUR LIFE INSURANCE 4.75 SENIORS TDS METROCOM MONTHLY SERVICE /JUNE 41.6B SENIORS NEZTEL COMMUNICATION MONTHLY SERVICE /JUNE 22.83 SENIORS ASSURANT EMPLOYEE BE GROUP INSURANCE 5.29 Total for Department 406 74.55* Date: OB/03/2007 Time: 08:49:42 Operator: SAL • Department Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount FINANCE FINANCE FINANCE FINANCE FINANCE ECONOMIC DEVELOPMENT ECONOMIC DEVELOPMENT ECONOMIC DEVELOPMENT ECONOMIC DEVELOPMENT ECONOMIC DEVELOPMENT ECONOMIC DEVELOPMENT PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING & ZONING & ZONING & ZONING & ZONING & ZONING & ZONING & ZONING & ZONING & ZONING lilliINEERING INEERING .INEERING ENGINEERING ENGINEERING COMM DEV COMM DEV COMM DEV COMM DEV COMM DEV COMM DEV COMM DEV POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE • RELIASTAR LIFE INSUR LIFE INSURANCE PREFERRED ONE COMMON MEDICAL INSURANCE DELTA DENTAL PLAN OF DENTAL INSURANCE ASSURANT EMPLOYEE HE GROUP INSURANCE PETTY CASH PARKING Total for Department 407 RELIASTAR LIFE INSUR PREFERRED ONE COMMON DELTA DENTAL PLAN OF E. G. RUD & SONS, IN ASSURANT EMPLOYEE HE KENNEDY AND GRAVEN, LIFE INSURANCE MEDICAL INSURANCE DENTAL INSURANCE SURVEY /CAROLES ESTATES 2 GROUP INSURANCE BUILDERS AGREEMENT Total for Department 415 ANOKA COUNTY EASEMENT INCROACAMENT RELIASTAR LIFE INSUR LIFE INSURANCE TARGET SUPPLIES /CHEMICALS PREFERRED ONE COMMON MEDICAL INSURANCE DELTA DENTAL PLAN OF DENTAL INSURANCE ASSURANT EMPLOYEE BE GROUP INSURANCE SRF CONSULTING GROUP COMP PLAN /JUNE T.R.D.A. COMP PLAN /JUNE BONESTROO, INC. COMP PLAN Total for Department 416 T.K.D.A. T.K.D.A. T.K.D.A- T.K.D.A. T.K.D.A. 2007 GENERAL ENGINEERING APOLLO LANDING HOTEL /JUN HARDWOOD CREEK /JUNE SHENANDOA/ NNE W SHADOW /NNE Total for Department 417 ANOKA COUNTY GOVERNM GIS LICENSE /B/07 - B /06 RELIASTAR LIFE INSUR LIFE INSURANCE PREFERRED ONE COMMON MEDICAL INSURANCE DELTA DENTAL PLAN OF DENTAL INSURANCE NEXTEL COMMUNICATION MONTHLY SERVICE /JUNE ASSURANT EMPLOYEE BE GROUP INSURANCE PETTY CASH MILEAGE /PARKING Total for Department 41B DEMARS, MITCH AID ELECTRIC SERVICE LYNN PEAVEY COMPANY, CENTRAL COMMUNICATIO RELIASTAR LIFE INSUR IDS METROCOM ASPEN MILLS, INC. ASPEN MILLS, INC. LODGING /FOOD REPLACE BALLAST EVIDENCE TAPE STATE ACCESS FEE /APR, MA LIFE INSURANCE MONTHLY SERVICE /NNE UNIFORM SUPPLIES /74745 UNIFORM SUPPLIES /75079 14.97 1,430.37 112.74 56.28 5.25 1,619.61* 4.75 352.18 32.20 3,105.00 16.42 565.50 4,076.05* 46.0D 9.50 44.52 704.36 64.40 30.42 169.67 33.75 8,109.50 9,212.12* 20,731.29 326.13 196.47 2,067.53 3,201.60 26,523.02* 250.00 11.67 924.41 88.57 16.82 42.70 20.27 1,354.64* 279.79 164.50 95.70 900.00 133.U0 683.83 62.46 101.90 Date: 08/03/2007 Time: 08:49:42 Operator: JAL Department Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE FIRE FIRE FIRE FIRE ASPEN MILLS, INC. BILL'6 GUN SHOP /RANG BROADWAY AWARDS, INC BROADWAY AWARDS, INC MONSON, MIKE PREFERRED ONE COMMUN DELTA DENTAL PLAN OF ASSURANT EMPLOYEE BE Z.T.L. PATCH COMPANY MINNESOTA COUNTY AZT XCEL ENERGY HSBC BUSINESS SOLUTI STREICHER'S, INC. STREICEER'S, INC. STREICHER'S, INC. UNIFORMS UNLIMITED, UNIFORM SUPPLIES /75080 RANGE TIME MAGNETIC PLATES /21865 MAGNETIC PLATES /22183 REIMBURSE MEALS MEDICAL INSURANCE DENTAL INSURANCE GROUP INSURANCE BADGES CLASS /BILL H MONTHLY SERVICE /JUNE OFFICE MAX /OFFICE SUPPLI AMMO/443326 UNIFORM SUPPLIES /419342 UNIFORM SUPPLIES /446046 UNIFORM SUPPLIES UNITROL /STINGER SPIK TORCHMAKER BOX Total for Department 420 RELIASTAR LIFE INSUR LIFE INSURANCE PREFERRED ONE COMMUN MEDICAL INSURANCE DELTA DENTAL PLAN OF DENTAL INSURANCE ASSURANT EMPLOYEE BE GROUP INSURANCE Total for Department 421 BUILDING INSPECTIONS RELIASTAR LIFE INSUR LIFE INSURANCE BUILDING INSPECTIONS PREFERRED ONE COMMON MEDICAL INSURANCE BUILDING INSPECTIONS DELTA DENTAL PLAN OF DENTAL INSURANCE BUILDING INSPECTIONS NEXTEL COMMUNICATION MONTHLY SERVICE /JUNE BUILDING INSPECTIONS ASSURANT EMPLOYEE BE GROUP INSURANCE BUILDING INSPECTIONS PETTY CASH PARKING BUILDING INSPECTIONS T.K.D.A. 2007 GENERAL ENGINEERING Total for Department 422 STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS ALL SEASONS RENTAL, ANOKA COUNTY GOVERRNM RELIASTAR LIFE INSUR TDS METROCOM PREFERRED ONE COMMON BRYAN ROCK PRODUCTS, C. W. HOULE, INC. AGGREGATE INDUSTRIES AGGREGATE INDUSTRIES COLUMBUS, TOWN OF DELTA DENTAL PLAN OF EARL ANDERSON ASSOC' NEXTEL COMMUNICATION ASSURANT EMPLOYEE BE HARDWOOD CREEK LOMBE NEWMAN TRAFFIC SIGNS RENT CARBIDE SAW /9245 SIGNAL MAINTENANCE /2ND Q LIFE INSURANCE MONTHLY SERVICE /JUNE MEDICAL INSURANCE GRAVEL REPAIR CATCHHA.SINS /2 CONCRETE SAND WINTER SAND CHLORIDE TREATMENT /PINE DENTAL INSURANCE STREET SIGNS MONTHLY SERVICE /JUNE GROUP INSURANCE LATH FLAT FILM -15- 51.65 78.0D 24.50 33.02 77.53 14,428.74 586.63 375.11 324.13 195.00 3.27 425.98 181.05 221.28 77.71 74.62 106.39 19,705.81* 14.25 1,868.34 94.37 44.51 2,021.47* 19.00 2,002.61 136.88 156.22 57.57 5.25 2,889.44 5,266.97* 15.00 1,320.15 34.91 38.05 3,292.49 861.18 2,776.0D 458.95 445.16 2,731.00 236.70 652.03 33.64 93.55 96.49 1,578.12 • • Date: 08/03/2007 Time 06:49:42 Operator: JAL • Department Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLt.e..1 FIFFT r 7 .RFT FLEET FLEET FLEET T,FFT FLEET FLEET FLEET FLEET Fr.ER'T FLEET FLEET FT .R RT FLEET FLEET :T .ET ET MECKLN, TERRY REIMBURSE CLOTHING ALLOW XCEL ENERGY MnNTmX SERVICE /JUNE T.A. SCHIFSEY AND SO ASPHALT T.R.D.A. 2007 SURFACE WATER /JUNE Total for Department 430 AUDIO COMMUNICATIONS WINGFOOT COMMERCIAL ALLDATA CORPORATION RELIASTAR LIFE INSUR BOYER TRUCKS, INC. PREFERRED ONE COMMUN O'REILLY AUTOMOTIVE, CATCO PARTS, INC. CENTER FRAME AND WPM CENTER M'F'R FRAME AND WEE EGAN OIL COMPANY DELTA DENTAL PLAN OF FOREST LAKE FORD, IN ASSURANT EMPLOYEE BE GILLUND ENTERPRISES, HOME DEPOT CREDIT SE LAKESIDE AUTO & PAIN MINNESOTA PETROLEUM PETTY CASH THANE HAWKINS POLAR COMO LURE & SUPPLIES WINNICK SUPPLY, INC. GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT }su1LDINGS CABLE /ANTENNA / SUPPLIES TIRES SUBSCRIPTION 9 -24 -07 - 9 LIFE INSURANCE CAP ASSEMELY /SPLASH GUAR MEDICAL INSURANCE FILTERS /VALVES /O- RING /SE FITTING /HOSE ALIGN REAR & FRONT WHEEL WHEEL ALIGNMENT '95 SLAZ GASOHOL /DIESEL /UNLEADED DENTAL INSURANCE O -RINGS GROUP INSURANCE LUBRICANT /PARTS CLEANER./ BLADES REPAIR /REFINISH #301 FUEL SYSTEM CARDS LICENSE TABS CONNECTOR /BELT KIT GREASE /DRUM RANDOM /TUBE WINNICK SUPPLY, INC. RANDOM /TUBING HUGO MILL OUTDOOR PO FUEL & AIR FILTERS /MUFFL Total for Department 431 ADVANCED GRARHIX, IN DEEP ROCK WATER COMP ANCHOR PAPER COMPANY STAPLES BUSINESS ADV RELIASTAR LIFE INSUR COORDINATED BUSINESS TDS METROCOM PREFERRED ONE CIRCLE DALCO, DALCO, DALCO, DALCO, DALCO, DALCO, PINES, INC. INC. INC. INC. INC. INC. COMMUN CITY 0 GOVERNMENT BUILDINGS DELTA DENTAL PLAN GOVERNMENT BUILDINGS ASSURANT EMPLOYEE GOVERNMENT BUILDINGS LAKESIDE AUTO 6 PAIN GRAPHICS MONTHLY SERVICE /JULY PAPER OFFICE SUPPLIES LIFE INSURANCE MAINTENANCE CONTRACT /1 -0 MONTHLY SERVICE /JUNE MEDICAL INSURANCE MONTHLY SERVICE /JUNE CART /1885630 JANITORIAL SUPPLIES /1894 JANITORIAL SUPPLIES /1885 JANITORIAL SUPPLIES /1885 JANITORIAL SUPPLIES /1887 JANITORIAL SUPPLIES /1887 OF DENTAL INSURANCE BE GROUP INSURANCE REPAIR /REFINISH #312 • -16- 137.63 4,816.19 4,223.96 3,687.77 27,528.97* 577.24 713.51 1,597.50 5.46 60.17 646.83 392.07 196.30 120.00 70.00 13,513.85 37.03 22.77 14.90 161.08 5.29 261.23 35.76 12.75 213.21 623.45 90.50 34.46 198.76 19,604.12* 92.66 71.21 655.65 123.83 4.75 467.73 133.31 352.16 1,138.83 168.80 24.90 73.21 23.43 158.25 171.77 32.2D 10.25 1,622.27 Date: 08/03/2007 Time 08:49:42 Department Operator: JAL Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount GOVERNMENT BUILDINGS LEAGUE OF MN CITIES GOVERNMENT BUILDINGS XCEL ENERGY GOVERNMENT BUILDINGS STANSBERRY, RAY GOVERNMENT BUILDINGS PETTY CASH GOVERNMENT BUILDINGS PETTY CASH GOVERNMENT BUILDINGS PETTY CASH GOVERNMENT BUILDINGS COMCAST GOVERNMENT BUILDINGS ROSEVILLE, CITY OF Total for PARRS PARRS PARRS PARRS PARKS PARKS PARKS PARRS PARRS PARKS PARRS PARKS PARKS PARKS PARKS PARKS PARKS RECREATION RECREATION RECREATION RECREATION RECREATION RECREATION ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIR0N04ENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL SOLID WASTE AUTO INSURANCE /'06 CHEV MONTHLY SERVICE /JUNE REIMBURSE CLOTHING ALLOW COt-t to POSTAGE VINEGAR /SODA MONTHLY SERVICE /AUGUST SMARTNET /VOICEMAIL Department 432 ALL SEASONS RENTAL, RELIASTAR LIFE INSUR MSTMA C/0 KATHY WARR PHILIP'S TREE CARE PREFERRED ONE COMMON GAMETIME/PLAYCORE HO CIRCLE PINES, CITY 0 DELTA DENTAL PLAN OF NEXTEL COMMUNICATION FLANAGAN SALES, INC. ASSURANT EMPLOYEE BE XCEL ENERGY NORTHWAY IRRIGATION/ REED BUSINESS INFORM CRITICAL CONNECTIONS SINCERUS COMPANY CENTRAL WOOD PRODUCT RENT MIXING TRAILER /9339 LIFE INSURANCE PROGRAM /DAVE L, MIKE H, BROADLEAF HERBICIDE APPL MEDICAL INSURANCE COIL SPRING MONTHLY SERVICE /JUNE DENTAL INSURANCE MONTHLY SERVICE /JUNE SPRING ASSEMBLY /CHAIN /IN GROUP INSURANCE MONTHLY SERVICE /JUNE MAINTENANCE SUPPLIES ADVERTISING PHEASANT 7.77.7,S BOARDWALK REACHERS /HANDLE6 MAINTENANCE SUPPLIES Total for Department 450 RELIASTAR LIFE INSUR PREFERRED ONE COMMUN DELTA DENTAL PLAN OF NEXTEL COMMUNICATION ASSURANT EMPLOYEE BE TBS LIFE INSURANCE MEDICAL INSURANCE DENTAL INSURANCE MONTHLY SERVICE /JUNE GROUP INSURANCE OFFICE AUTOMATIO MAINTENANCE CONTRACT /7 -2 Total for Department 451 RELIASTAR LIFE INSUR LIFE INSURANCE TRAYLOR, ALAN REISSUE AP #80581 PREFERRED ONE COMMUN MEDICAL INSURANCE CENTRAL LANDSCAPING, STAPLES DELTA DENTAL PLAN OF DENTAL INSURANCE NEXTEL COMMUNICATION MONTHLY SERVICE /JUNE ASSURANT EMPLOYEE BE GROUP INSURANCE HUGO 1. F.11 MILL, INC. SUPPLIES PRAIRIE MOON NURSERY PLANTINGS PRAIRIE RESTORATIONS SIGNS Total for Department 461 489.00 6,894.62 23.20 47.78 37.12 3.87 34.95 1,825.40 14,681.17* 170.08 28.50 120.0D 225.7B 1,221.14 99.84 45.38 161.04 282.31 768.38 80.22 180.19 510.00 169.48 1,431.01 161.73 1,432.96 7,088.04* 15.2D 1,131.26 103.06 16.62 41.48 293.94 1,601.76* 5.23 100.00 196.02 34.61 11.28 33.80 11.56 739.47 120.77 95.85 1,348.61* AMERICAN IRON & SUPP RECYCLING DAY 73.89 -17- • • • Date: 08/03/2007 Time: 08:49:42 Operator: JAL • Department Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount SOLID WASTE SOLID WASTE SOLID WASTE SOLID WASTE SOLID WASTE SOLID WASTE FORESTRY FORESTRY FORESTRY FORESTRY FORESTRY FORESTRY FORESTRY RELIARTAR LIFE INSUR PREFERRED ONE COMMUN TARO SPORTSWEAR, INC DELTA DENTAL PLAN OF ASSURANT EMPLOYEE BE GREEN LIGHTS RECYCLI LIFE INSURANCE MEDICAL INSURANCE T- SHIRTS DENTAL INSURANCE GROUP INSURANCE RECYCLING DAY- FLUORESCEN Total for Department 462 RELIASTAR LIFE INSUR LIFE INSURANCE PREFERRED ONE COMMUN MEDICAL INSURANCE DELTA DENTAL PLAN OF DENTAL INSURANCE ASSURANT EMPLOYEE BE GROUP INSURANCE LEROY J. HOULE CONTR GRIND STUMP MIDWEST LANDSCAPES, TREES FRIES TREES, INC. CUT /HAUL TREE Total for Department 463 Total for Fund 101 SCHAHN, HEIDI PELAGALL, SUSAN HANGGI, SONJA SHARAFODDIN, ESAM STUART, KIM BOELTL, MELINDA REIMBURSE BAROTT, SUSAN REIMBURSE HARTFORD, JOY REIMBURSE DEWIDT, REBECCA REIMBURSE LYNCH, DENISE REEMBURSE LINDNER, CINDY REIMBURSE MENO, GRACE REIMBURSE ANDERT, ANN REIMBURSE BARRON, CINDY REIMBURSE GREGORY, NANCY REIMBURSE GABEL, TED REIMBURSE GROVE, SHERI REIMBURSE MCDONALD, JENNA REIMBURSE MAGNUSON, ANITA REIMBURSE SCHWARTZ, KAREN REIMBURSE BROWN, LISA TRETTEL, MICHELE JOHNSTON, SHELLY NARDECCHIA, JULIE Total for Department REIMMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC PROGRAM PROGRAM PROGRAM PROGRAM PROGRAM PROGRAM PROGRAM PROGRAM PROGRAM PROGRAM PROGRAM PROGRAM PROGRAM PROGRAM PROGRAM REC REC REC REC REC REC REC REC REC REC REC REC REC EEC REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC SPECIAL- EVENTS /TRIPS HSBC BUSINESS SOLUTI OFFICE MAX /OFFICE SUPPLI SPECIAL EVENTS /TRIPS PETTY CASH CD'S /BAGGIES SPECIAL EVENTS /TRIPS S & S WORLDWIDE, INC TAGS /CHALK SPECIAL EVENTS /TRIPS CENTENNIAL COMMUNITY PROGRAM REC Total for Department 205 1.43 201.96 116.20 9.66 4.99 158.56 566.69* 2.85 196.02 11.27 5.84 50.00 237.00 400.00 902.98* 200,281.53* 50.00 60.00 25.00 25.00 95.00 60.00 95.00 75.00 60.00 95.00 95.00 25.00 120.00 60.00 10.00 10.00 10.00 20.00 10.00 50.00 20.00 16.00 66.00 50.00 1,202.00* 123.49 8.72 15.47 30.00 177.68* Date: 08/03/2007 Time: 08:49:42 Operator: JAL Page, 7 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount YOUTH INSTRUCTIONAL SKYHAWKS SPORTS ACRD PROGRAM REC 7,404.00 YOUTH INSTRUCTIONAL PETTY CASH SNACKS 15.42 Total for Department 207 7,419.42* YOUTH SPORTS SPORTS UNLIMITED, IN LACROSSE CLASSES 793.0D YOUTH SPORTS PETTY CASH FOLDERS /FOOD 22.39 YOUTH SPORTS PETTY CASH FOOD 16.00 YOUTH SPORTS PRESS PUBLICATIONS, ADVERTISING /PROGRAM REC 430.12 Total for Department 208 1,261.51* Total for Fund 201 10,060.61* POLICE THANE HAWKINS POLAR '07 CHEV TAHOE 31,616.00 Total for Department 420 31,616.00* FLEET CRYSTEEL TRUCK EQUIP 9' BLADE PLOW 4,854.97 Total for Department 431 4,854.97* Total for Fund 402 36,470.97* OTHER T.K.D.A. 2007 GENERAL ENGINEERING 3,479.53 OTHER T.K.D.A. LOIS LANE /JUNE 173.45 OTHER T.K.D.A. WATER TREATMENT STUDY /JU 21,656.17 Total for Department 499 25,309.15* Total for Fund 406 25,309.15* OTHER COTTAGE HOMESTEADS TIF PAY -AS- YOU -GO /1ST HA 15,611.00 Total for Department 499 15,611.00* Total for Fund 411 15,611.00* FOGARTY DEV -LIND BUS LINO LAKES BUSINESS TIF PAY -AS- YOU -GO /1ST HA 22,427.00 Total for Department 513 22,427.00* CONTRACT HARDWARE MARMON KEYSTONE CONTRACT HARDWARE TIF PAY -AS- YOU -GO /1ST HA Total for Department 514 3,401.00 3,401.00* MARMON KEYSTONE TIF PAY -AS- YOU -GO /1ST HA 27,731.0D Total for Department 518 27,731.00* SUMMIT FIRE PROTECTI SUMMIT FIRE PROTECTI TIF PAY -AS- YOU -GO /1ST HA Total for Department 519 1,035.00 1,035.00* Total for Fund 416 54,594.00* PANATONI LIND LAKES REALTY, L TIF PAY -AS- YOU -GO /1ST HA 72,406.00 Total for Department 525 72,406.00* SCHWAN'S SCHWAN'S HOME SERVIC TIF PAY -AS- YOU -GO /1ST HA 8,432.00 -19- Date: 08/03/2007 Time: 0B:49:42 Operator: JAL • Department Page: 8 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount OTHER OTHER OTHER OTHER OTHER T.K.D.A. T.K.D.A. T.R.D.A. T.K.D.A. Total for Department 526 Total for Fund 417 2007 OVERLAY /JUNE 2007 SEALCOAT /JUNE Total for Department 499 Total for Fund 421 2005 SURFACE WATER /JUNE 2006 WATER MANAGEMERT /JU Total for Department 499 Total for Fund 422 SHORT- ELLIOTT- HENDRI LEGACY /JUNE LUNDA CONSTRUCTION C CSAH 23/35 W Total for Department 499 Total for Fund 471 OTHER T.R.D.A. CSAH 8/14 -JUNE Total for Department 499 • WATER WAixx WATER WA L.ha WAlt.e. WATER WATER WAit:K WATER WATER WATER WATER WATER • Total for Fund 472 BLAINE, CITY OF 3RD QUARTER UTILITY BILL MN. DEPT OF HEALTH 2ND QTR WATER FEE TDI CABLE MAINTENANC REIMBURSE HYDRANT METER Total for Department RELIASTAR LIFE INSUR LIFE INSURANCE TDS METROCOM MONTHLY SERVICE /JUNE TARGET SUPPLIES /CHEMICALS BLAINE, CITY OF 3RD QUARTER UTILITY BILL PREFF.RREM ONE COMMUN MEDICAL INSURANCE CIRCLE PINES POST OF UTILITY BILLING POSTAGE DELTA DENTAL PLAN OF DENTAL INSURANCE NFKTEi' COMMUNICATION MONTHLY SERVICE /JUNE HAWKINS , INC. HAWKINS , INC. ASSURANT EMPLOYEE BE ONE CALL CONCEPTS, I XCEL ENERGY HD SUPPLY WATERWORKS CHEMICALS /CYLINDERS CYLINDERS /CHLORINE /OTHER GROUP INSURANCE MONTHLY SERVICE /JUNE MONTHLY SERVICE /JUNE PUMP /FLANGE KIT /TOUCH PA Total for Department 494 Total for Fund 601 8,432.00* 80,838.00* 9,642.01 4,723.82 14,365.83* 14,365.83* 84.82 117.92 202.74* 202.74* 16,399.84 977,402.72 993,802.56* 993,802.56* 1,121.65 1,121.65* 1,121.65* 44.52 6,456.00 -50.00 6,450.52* 11.41 116.64 6.05 809.12 1,206.10 294.49 101.44 199.01 6,568.94 7,860.66 27.07 279.85 5,651.41 10,901.76 34,033.95* 40,484.47* Date: 08/03/2007 Time: 08:49:42 Department Operator: JAL Page: 9 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER W. W. GOETSCH ASSOCI RELIASTAR LIFE INSUR BLAINE, CITY OF PREFERRED ONE COMMUN CIRCLE PINES POST OF DELTA DENTAL PLAN OF NEXTEL COMMUNICATION ASSURANT ENLDLOYEE BE ONE CALL CONCEPTS, I INFRATECH INFRATECH INFRATECH INFRATECH INFRATECH TECHNOLOGI TECHNOLOGI TECHNOLOGI TECHNOLOGI TECHNOLOGI 0-RINGS/SEAL/WASHER/CAP LIFE INSURANCE 3RD QUARTER UTILITY BILL MEDICAL INSURANCE UTILITY BILLING POSTAGE DENTAL INSURANCE MONTHLY SERVICE /JUNE GROUP INSURANCE MONTHLY SERVICE /JUNE GROUT MANHOLES /463 JET /VAC CLEAN 501 TELEVISE AREAS /550 TELEVISE LINE /500 TELEVISE LINES /469 METRO COUNCIL ENVIRO AUGUST SEWER XCEL ENERGY MONTHLY SERVICE /JUNE OLSON SEWER SERVICE, TELEVISE SEWER LINE OLSON SEWER SERVICE, VACUMM SEPTAGE Total for Department 495 Total for Fund 602 WHITE BEAR LOCKSMITH ANOKA COUNTY ANOKA COUNTY ANOKA COUNTY ANDERSON CUSTOM HOME PETTY CASH PETTY CASH SCSALLY, JAMES E & J ANOKA COUNTY LICENSE ANOKA COUNTY LICENSE T.K.D.A. T.K.D.A. T.K.D.A. T.K.D.A. T.K.D.A. T.K.D.A. T.K.D.A. T.K.D.A. T.K.D.A. T.K.D.A. T.K.D.A. T.K.D.A. T.K.D.A. T.K.D.A. T.K.D.A. T.K.D.A. T.K.D.A. T.K.D.A. KEYS EASEMENT INCROACHMENT /CO EASEMENT INCROACBMENT /MO EASEMENT INCROACH E TT /TR 1562 GOLDEN ROD CIRCLE /R LICENSE TABS POSTAGE /MAIN STREET VILL REIMBURSE SHORT TERM ESC EXCISE TAX /'01 CHEV & '9 LICENSE '07 CHEV TAHOE 2007 GENERAL SERVICES/JD AD GRAPHICS /JUNE CENTURY FARM 4 /JUNE COX ESTATES GRANDVIEW /JUNE HOLLY ACRES /JUNE LAMOTTE GRADING /JUNE MAIN STREET VILLAGE /JUNE MILLERS CROSSROAD 2 /JUNE MOLIN /JANE MOON MARSH /JUNE OAKWOOD VIEW /JUNE PINE GLEN 2 /JUNE PINE GLEN /JUNE POMP'S TIRE/JUNE ROYAL OAKS REALTY /APRIL ROYAL OAKS REALTY /MAY THE PRESERVE /JUNE 605.55 11.38 1,341.00 853.91 294.48 69.22 49.40 27.09 279.85 7,440.20 4,875.00 1,017.50 740.00 647.50 44,684.28 1,200.77 170.00 630.50 64,937.63* 64,937.63* 87.54 46.00 46.00 46.00 2,500.00 4.50 14.65 417.29 434.78 28.25 195.68 1,274.74 260.90 134.79 1,924.60 126.06 1,239.18 1,094.80 226.27 189.09 1,908.14 65.23 654.40 181.10 904.47 3,301.57 1,542.42 2,360.04 • • • Date: D8/03/2007 Time 08:49:42 Operator: JAL • Department Page: 10 City of Linn Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount T.E.D.A. WELLS FARGO /JUNE TDI CABLE MAINTENANC REIMBURSE HYDRANT METER BRUGGEMAN PROPERTIES REIMBURSE CASH SECURITIE co, % BRENNAN REIMB COX ESTATES SEC FO HANSON BUILDERS, INC 6573 TART CT /REIMS BLDG Total for Department Total for Fund 801 Grand Total • • 233.06 400.00 40,000.00 10,700.00 500.00 73,041.55* 73,041.55* 1,611,121.69* CENTENNIAL FIRE DISTRICT Check Register FIRE GL GL Posting Period(s): 08/07 - 08/07 Check issue Date(s): 08/01/2007 - 08/01/2007 Page: 1 Aug 01, 2007 02:19pm Per Date Check No Vendor No Payee 08/07 08/01/07 2797 10290 ALEX AIR APPARATUS, INC 08/07 08/01/07 2798 20112 BCA/TRAINING & DEVELOPMENT 08/07 08/01/07 2799 20117 R KENT BARNARD 08/07 08/01/07 2800 20120 BATTERIES PLUS Total 2800 08/07 08/01/07 2801 20390 BROADWAY AWARDS 08/07 08/01/07 2802 30480 CENTENNIAL UTILITIES 08/07 08/01/07 2803 31008 COMCAST 08/07 08/01/07 2804 80201 KALLI HAAPOJA 08/07 08/01/07 2805 130348 MCLEOD USA 08/07 08/01/07 2806 130460 METROCALL 08/07 08/01/07 2807 150140 OFFICE DEPOT, INC Total 2807 08/07 08/D1/07 2808 180075 RON REITER 08/07 08/01/07 2809 220200 VERIZON WIRELESS Totals: Invoice Description FIRE EQUIP MTC ON SCENE FIRE/ARSON INVEST VEH SUPPLY BATTERY ENGINE 31 BATTERY STATION 1 ALARM BATTERY INSP VEH SAFETY CAMP MN MEDALS JUNE UTILITES STATION 1 INTERNET SAFETY CAMP PREPARATION STATION 2 PHONE PAGERS SAFETY CAMP SUPPLIES SAFETY CAMP SUPPLIES BUILDING SUPPLY COMMUNICATIONS Inv Amount 430.98 180.00 5.27 14.99 38.32 79.34 132.65 858.39 73.32 95.00 224.00 391.31 89.67 71.41 21.88 93.29 5.36 4.21 2,583.45 M = Manual Check, V = Void Check • • • AGENDA ITEM 1B STAFF ORIGINATOR: Julianne Bartell, City Clerk DATE: August 13, 2007 TOPIC: Resolution No. 07 -113, Approving Peddlers License for Big Bell Ice Cream, Inc. VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: Mr. Jon Samuelson, a vendor for Big Bell Ice Cream, Inc., 3218 Snelling Avenue, St. Paul, MN, has submitted a peddler's license application to the city clerk's office. Mr. Samuelson plans to travel through the Lino Lakes neighborhoods selling pre - packaged ice cream novelties. The city has received all the necessary forms required issue Mr. Samuelson a license. The Lino Lakes Police Department has performed a background check and indicated there would be no reason to recommend denial of the license. The application and all other required information is on file in the city clerk's office for review. OPTIONS: 1. Approve Resolution No. 07 -113 2. Deny Resolution No. 07 -113 RECOMMENDATION: Option No. 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 07 -113 RESOLUTION APPROVING PEDDLERS LICENSE WHEREAS, Mr. Jon Randall Samuelson, a vendor for Big Bell Ice Cream, Inc., has submitted a peddlers license application to the city clerk's office; and WHEREAS, Mr. Jon Randall Samuelson has complied with all of the provisions of Ordinance No. 01 -89 of the Lino Lakes City Code for obtaining the necessary license for a profit business; and WHEREAS, the Lino Lakes Police Department has conducted a background check on Mr. Jon Randall Samuelson; NOW,'1'HEREFORE, by order of the Lino Lakes City Council, and virtue thereof, Mr. Jon Samuelson, an employee of Big Bell Ice Cream, Inc., is hereby authorized to vend for a period of six - months beginning August 14, 2007 and ending February 14, 2008 subject to all conditions and provisions of said ordinance John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th day of August, 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. • • • CLOSED COUNCIL MEETING July 10, 2007 DRAFT 1 2 CITY OF LINO LAKES 3 MINUTES 4 5 DATE : July 10, 2007 6 TIME STARTED : 5:10 p.m. 7 TIME ENDED : 6:45 p.m. 8 MEMBERS PRESENT : Council Members Reinert, Carlson, 9 O'Donnell, Stoltz and Mayor Bergeson 10 MEMBERS ABSENT : none 11 12 13 Staff members present: City Administrator, Gordon Heitke 14 15 Also Present: Harry Brull, PDI (Personnel Decisions International) 16 17 Mayor Bergeson called the meeting to order at 5:10 p.m. He advised the purpose of the 18 meeting is the City Administrator performance review. 19 20 Mr. Brull explained that under Minnesota law, performance reviews are conducted in 21 closed session, unless requested to be open by the subject of the review. Administrator 22 Heitke declined requesting the meeting to be open. 23 24 Council Member Stoltz moved to close the meeting to the public at 5:12 p.m. Council 25 Member O'Donnell seconded the motion. Motion carried unanimously. 26 27 The closed portion of the meeting was adjourned at 6:45 p.m. and the meeting re- opened 28 at 6:45 p.m. 29 30 Mr. Brull indicated that he would prepare a public written summary of the review that 31 would be provided to council members and the Mayor, for - his- reportin e Council 32 meeting:' ' C. u r L 0 '-1, /l\ 33 COWO (AA M ) 34 The meeting was adjourned at 6:45 p.m. 35 36 These minutes were considered, corrected and approved at the regular Council meeting held on 37 August 13, 2007. 38 39 40 41 42 City Clerk, Julianne Bartell John Bergeson, Mayor 43 • • • AGENDA ITEM 1 D STAFF ORIGINATOR: Michael Grochala CITY COUNCIL DATE: August 13, 2007 TOPIC: Consideration of Resolution No. 07 -114 Approving Classification of Tax Forfeited Property with notice to obtain the property VOTE REQUIRED: 3/5 BACKGROUND: Anoka County has notified the city that four parcels of property in Lino Lakes have tax forfeited to the State of Minnesota. The properties listed for classification are described as follows: 1. Parcel No. 18 -31 -22-41 -0007. This parcel is located in the Apollo Business Park and contains a stormwater management pond servicing the business park. The City also has a trunk sanitary sewer main that bisects the property. 2. Parcel No. 24- 31 -22 -42 -0005. This parcel is located in the Clearwater Creek Industrial Park and straddles Clearwater Creek a public water. 3. Parcel No. 25 -31 -22-41 -0081. This parcel is located in the Clearwater Creek Residential Development and is part of the City Park. The parcel was intended to be deeded to the City as part of the development approvals. 4. Parcel No. 25 -31 -22-44 -0046. This parcel is located in the Clearwater Creek Residential Development and is part of the City's Open Space and Drainage system. The parcel was intended to be deeded to the City as part of the development approvals. This resolution notifies the county that the city wishes to withhold the property from public sale because it is unbuildable, and is part of the trail, drainage and open space network, approved as part of the Clearwater Creek development and intended to be deeded to the City of Lino Lakes. RECOMMENDATION Staff is recommending approval of Resolution No. 07 -114. ATTACHMENTS 1. Resolution No. 07 -114 2. Parcel Maps • • • • Council Member introduced the following resolution and moved its adoption: • CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 07 -114 RESOLUTION APPROVING THE CLASSIFICATION OF TAX FORFEIT PROPERTY AND REQUESTING PARCELS BE WITHHELD FROM SALE WHEREAS, the Anoka County Board of Commissioners has prepared a list, designated as Classification List Number 2007 which describes land forfeited to the State of Minnesota pursuant to Chapter 282 of the Minnesota Statutes, and has determined that it is advisable to sell said land; and, WHEREAS, four (4) properties are located within Lino Lakes listed as: Parcel No. 18- 31 -22 -41 -0007 Parcel No. 24- 31 -22 -42 -0005 Parcel No. 25- 31 -22 -41 -0081. Parcel No. 25- 31 -22 -44 -0046. are included in the Classification List; and, WHEREAS, the Anoka County Land Commissioner has requested the Lino Lakes City Council approve classification and sale of the parcels; and WHEREAS, said properties are part of the City's public stormwater conveyance system, park system and open space system and are intended for public use. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The classification of the parcels are hereby approved and that that the City respectfully requests the County Board withhold said properties from sale BE IT FURTHER RESOLVED, that city staff is hereby authorized and directed to notify the Anoka County Land Commissioner that the City would like to obtain title to the property for public purposes. • Adopted by the Council of the City of Lino Lakes this 13th day of August, 2007. John Bergeson, Mayor Julianne Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: • • • DataViewOnline Map Page 1 of 1 Forfeit Property 18- 31 -22 -41 -0007 Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data from city, county, state and federal offices, and is to be used for reference purposes only. http://portal.sehinc.com/dataView/mapLayout.htm 8/6/2007 D ataViewOnline Map Page 1 of 1 Forfeit Property 24-31-22-42-0005 f-LL 1 kL) it, 4/4* ite-Ar sVs 4-4N 4,,b‘ \*114,VO4. 4V144, *A A stoo "ONO 4 I t Copyright ■?' SEH 2003 235tt Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data from city, county, state and federal offices, and is to be used for reference purposes only. http://portal.sehinc.com/dataView/mapLayout.htm 8/6/2007 DataViewOnline Map Page 1 of 1 Forfeit Property 25- 31 -22 -41 -0081 C' pyright" SEH 2003 Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data from city, county, state and federal offices, and is to be used for reference purposes only. http://portal.sehinc.com/dataView/mapLayout.htm 8/6/2007 DataViewOnline Map Page 1 of 1 Forfeit Property 25-31-22-44-0046 I .4 230 6513 23717,,,,,' 6 '" 6512 „-, 2318 2324 - 231.1 6506 65TH ST 2312 2318 , A4,2383_2395 2306 0' /- ',' '-- J.- 6499 vC 6501 -., - .23722 g to 6501 ' 6489 ' 2315 ' I --) 6483 ;',I. ' 2384 ' 1-11 6494 „,,,,'lliFir 2378 _, ..,..,,,,,,' 64 64957. 2300 r'' ; . At 6477 , -5, ..... . =,= 6488 ' .-OW<'"Ok 0. r 6471 ' i: 2303 .f r 6481 1 6482 < '', 2297 i " IT1 6444L 6432 6478 .i'. ti Z p 645g CLEAR 44 6447 t WATE844R35C„,,,,REEK DR 0 6470 r-- ' 6 "-"1 ' ' ,--- 6464 6366 6372 6360 6345 6354 6342 ' i458 6347 6353 Tr",-- 6341 6329 6335 r 632 41440 6435 Copyright 41156.1 2003 ft Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data from city, county, state and federal offices, and is to be used for reference purposes only. http://portal.sehinc.com/dataView/mapLayout.htm 8/6/2007 • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND: AGENDA ITEM 1 E Marty Asleson August 13, 2007 Consideration of Resolution No. 07 -115 Entering into Agreement with Anoka County for Residential Recycling Program 3/5 vote The City of Lino Lakes receives SCORE funds each year from Anoka County. The SCORE funds are used to fund solid waste recycling programs. Cities using SCORE funds allocated from Anoka County are required to enter into a cooperative agreement with the County. RECOMMENDATION: Staff is recommending approval of Resolution 07 -115. Attachments: 1. Resolution 07 -115 2. Anoka County Agreement for Residential Recycling Program Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -115 RESOLUTION AUTHORIZING AGREEMENT WITH ANOKA COUNTY FOR RESIDENTAIL RECYCLING PROGRAM WHEREAS; The City of Lino Lakes has entered into agreement with Anoka County over the years to cooperatively work on Solid Waste Abatement and Recycling, AND WHEREAS; Anoka County receives funding from the Solid Waste Management Coordinating Board and the State of Minnesota in the form of "SCORE" funds, AND WHEREAS; The County wishes to assist Municipalities in meeting recycling goals established by the Anoka County Board of Commissioners by providing SCORE funds to Cities in the County for solid waste recycling programs, AND WHEREAS; The City of Lino Lakes is eligible to receive $35,035.73 for fiscal year 2007 in SCORE funds, AND WHEREAS; Anoka County Agreement No. 2006 -0310 provides for the cooperative effort between Anoka County and the City of Lino Lakes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That the Mayor and City Clerk are hereby authorized to execute Anoka County Agreement No. 2006 -0310, Agreement for Residential Recycling Program on behalf of the city. Adopted by the Lino Lakes City Council this 13th day of August, 2007. John Bergeson, Mayor Julianne Bartel, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: • • • • • • The following voted against same: Whereupon said resolution was declared duly passed and adopted. Anoka County Contract # 2006 -0310 • AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on the ' day of 200_h notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY ", and the CITY OF LINO LAKES, hereinafter referred to as the "MUNICIPALITY ". WITNESSETH: WHEREAS, Anoka County has received $361,089 in funding from the Solid Waste Management Coordinating Board and the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds "); and WHEREAS, Anoka County anticipates receiving an additional $361,089 in SCORE funds in the spring of 2007; and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing said SCORE funds to cities and townships in the County for solid waste recycling programs. NOW, 'T.HILREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality. 2. TERM. The term of this Agreement is from January 1, 2007 through December 31, 2007, unless earlier terminated as provided herein. 3. DEFINITIONS. a. "Problem material" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 24a. b. "Multi-unit households" means households within apartment complexes, condominiums, townhomes, mobile homes and senior housing complexes. c. "Opportunity to recycle" means providing recycling and curbside pickup or collection centers for recyclable materials as required by Minn. Stat. § 115A.552. d. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. e. "Recyclable materials" means materials that are separated from mixed municipal • • • • • f. g. solid waste for the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, major appliances and vehicle batteries. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. "Yard waste" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 38. 4. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality's annual recycling goal of 1,724 tons of recyclable materials as established by the County. The Municipality shall ensure that the recyclable materials collected are delivered to processors or end markets for recycling. a. The Municipal recycling program shall include the following components: i. Each household (including multi-unit households) in the Municipality shall have the opportunity to recycle at least four broad types of materials, such as paper, glass, plastic, metal and textiles. ii. The recycling program shall be operated in compliance with all applicable federal, state, and local laws, ordinances, rules and regulations. iii. The Municipality shall implement a public information program that contains at least the following components: (1) One promotion is to be mailed to each household focused exclusively on the Municipality's recycling program; (2) One promotion advertising recycling opportunities available for residents is to be included in the Municipality's newsletter or local newspaper, and (3) Two community presentations are to be given on recycling. The public information components listed above must promote the focused recyclable material of the year as specified by the County. The County will provide the Municipality with background material on the focused recyclable material of the year. iv. The Municipality, on an ongoing basis, shall identify new residents and provide detailed information on the recycling opportunities available to these new residents. b. If the Municipality's recycling program did not achieve the Municipality's recycling goals as established by the County for the prior calendar year, the Municipality shall prepare and submit to the County by March 31, 2007, a plan acceptable to County that is designed to achieve the recycling goals set forth in this Agreement. 5. REPORTING. The Municipality shall submit the following reports semiannually to the County no later than July 20, 2007 and January 19, 2008: a. An accounting of the amount of waste which has been recycled as a result of the Municipality's activities and the efforts of other community programs, redemption centers and drop -off centers. For recycling programs, the Municipality shall certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been marketed. For recycling programs run by other persons or entities, the Municipality shall also provide documentation on forms provided by the County showing the tons of materials that were recycled by the Municipality's residents through these other programs. The Municipality shall keep detailed records documenting the disposition of all recyclable materials collected pursuant to this agreement. The Municipality shall also report the number of cubic yards or tons of yard waste collected for composting or landspreading, together with a description of the methodology used for calculations. Any other material removed from the waste stream by the Municipality, i.e. tires and used oil, shall also be reported separately. b. Information regarding any revenue received from sources other than the County for the Municipality's recycling programs. c. Copies of all promotional materials that have been prepared by the Municipality during the term of this Agreement to promote its recycling programs. The Municipality agrees to furnish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the State of Minnesota_ 6. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices semiannually to the County for abatement activities no later than July 20, 2007 and January 19, 2008. Costs not billed by January 19, 2008 will not be eligible for funding. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 7. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for eligible activities up to the project maximum as computed below, which shall not exceed $35,035.73. The project maximum for eligible expenses shall be computed as follows: a. A base amount of $10,000.00 for recycling activities only, and b. $4.37 per household for recycling activities only. Notwithstanding any provision to the contrary, the County reserves the right to reduce the funding provided hereunder in the event insufficient SCORE funds are available. If the spring SCORE payment of $361,089 is not received or is reduced, the County may reduce the project maximum amount payable to the Municipality. The County will promptly notify the Municipality in the event that the project maximum will be reduced. 8. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The • • • • • Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn. Stat. § 115A.557, subd. 2, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled.. All records and accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt of payment from the County pursuant to this Agreement. 9. AUDIT. Pursuant to Minn. Stat. § 16C.05, the Municipality shall allow the County or other persons or agencies authorized by the County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. 10. GENERAL PROVISIONS. a. In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. b. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. c. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. d. The Municipality agrees that the Municipality's employees and subcontractor's employees who provide services under this agreement and who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department. e. It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. f. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. g. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all laws, rules, and regulations applicable to the Municipality. h. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. i. Nothing in this Agreement shall be construed as creating the relationship of co- partners, joint venturers, or an association between the County and Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. 11. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Funded by the Anoka County Board of Commissioners and State SCORE funds (Select Committee on Recycling and the Environment). 12 INDEMNNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term -42 • • • • of this Agreement. 13. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: CITY OF LINO LADS COUNTY OF ANOKA By By Chair, Anoka County Board of Name: Commissioners • Title: Date: Date: ArrI ST: By: Municipality's Clerk Date: Approved as to form and legality: County Administrator Date: Approved as to form and legality Assistant County Attorney • • • AGENDA ITEM 3A STAFF ORIGINATOR: Gordon Heitke, City Administrator MEETING DATE: August 13, 2007 TOPIC: 2007 -2008 Council Goals VOTE REQUIRED: 3/5 BACKGROUND The City Council met on March 28, 2007 to establish goals and specific performance objectives for the remainder of Calendar Year 2007 and Calendar Year 2008. As done in the past, staff added proposed action steps and has identified lead parties, contributors and funding sources to the goal document. The Council Goals, Objectives and Action Plan was reviewed and revised by the Council at their work session on August 6, 2007. The Council indicated that a quarterly review of the goals should be instituted and language to that effect is included in the attached resolution. The final document is being presented to the Council for consideration of adoption. RECOMMENDATION Staff is recommending approval of Resolution No. 07 -117 approving 2007 -2008 Council Goals. CITY OF LINO LAKES RESOLUTION NO. 07 -117 RESOLUTION APPROVING 2007 -2008 COUNCIL GOALS WHEREAS, City Council of Lino Lakes annually establishes goals and priorities to be worked on in the coming 1 -2 years, and WHEREAS, the City Council of Lino Lakes met on March 28, 2007 to conduct their 2007 -2008 goal setting session; and WHEREAS, at their March 28, 2007 meeting the City Council of Lino Lakes identified priority goals for 2007 -2008, and said goals have been reviewed, revised and presented in the Goals, Objectives, Management Action Plan: 2007 -1008 that is attached to this resolution; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the City Council hereby adopts Resolution No. 07 -117 approving the 2007- 2008 City Council Goals. Be It Further Resolved that said goals, objectives and related actions will be reviewed by the City Council on a quarterly basis. Adopted by the Lino Lakes City Council this 13th day of August, 2007. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk • • • • Goals, Objectives, Management Action Plan: 2007 -2008 Listed below are the revised goals established by the City Council for the period 2008 through 2013 and specific performance objectives for the remainder of Calendar Year 2007 and Calendar Year 2008, as established at the march 28, 2007 goals setting session. As in the past, staff has added proposed action steps and has identified lead parties, contributors and funding sources for your consideration. Complete Town Center A. Calendar Year 2007 & 2008 (1) Objective: Complete development of owner and rental housing component over five -year period (2) Objective: Complete development of commercial component over five -year period a. Key Action Steps: i. Aggressively market and continue to support developers' marketing efforts. b. Lead party: Community Development Staff Key Contributors: Hartford Development c. Funding Source: General Fund. Primarily Staff Time 2. Plan for and implement needed local regional transportation improvements A. Calendar Year 2007 (1) Objective: Pursue funding for local transportation improvements for: 1) 49/J Intersection; 2) Lake Drive /Main Street Intersection; and 3) Northerly bypass (Main St - 35W to 35E) a. Key Action Steps: i. Support Anoka County applications for obtaining Federal Funding ii. Continue working with Anoka County on planning efforts b. Lead party: Community Development Staff Key Contributors: City Council Anoka County Springsted Inc. Finance Department c. Funding Source: General Fund. Primarily Staff Time B. Calendar Year 2008 (1) Objective: Prepare an Access Management Plan for Birch Street that includes provisions for pedestrian and bicycle safety improvements a. Key Action Steps: i. Retain professional services to conduct planning study b. Lead party: Community Development Staff Key Contributors: Anoka County Planning and Zoning Board City Council Public Works and Public Services c. Funding Source: General Fund. Primarily Staff Time. May have a cost share with Anoka County. (2) Incorporate northerly by -pass (Main St. 35W to 35E) into Comprehensive Plan a. Key Action Steps: i. Identify transportation corridor and adopt policy language to recognize future need b. Lead party: Community Development Staff Key Contributors: Anoka County Comp Plan Advisory Panel Planning and Zoning Board City Council c. Funding Source: General Fund. Included with Comprehensive Plan Update 3. Review and update the City Charter so that it reflects and facilitates current and future needs of the City A. Specific performance objectives to be completed during the remainder of 2007 (1) Objective: Completion of Citizen Charter Task Force Study (June 25, 2007) a. Key Action Steps: i. Citizen Task Force completes research ii. Task Force prepares written report iii. Task Force presents report to City Council b. Lead Party: Citizens Task Force Key Contributors: General public Charter Commission City Council • • • • • • TKDA Springsted Inc. Kennedy and Graven City Staff c. Funding sources: General Fund (2) Objective: Accept report of the Citizen Charter Task Force a. Key Action Step: i. City Council takes formal action to accept report (3) b. Lead Party: City Council Key Contributors: c. Funding sources: No funds required Objective: Take appropriate Council action on recommendations contained in the report a. Key Action Steps: i. City Council considers findings /recommendations of report ii. City Council determines whether to support amendments to the charter iii. If Council supports amending the charter, a process is identified for developing the specific amendment (Alternatives provided in statutes) iv. Proposed amendment is drafted v. City Council acts to place amendment question on ballot (September 10), if process includes referendum vi. Public information program is developed and implemented, if process includes referendum vii. Referendum held November 6, if included in process b. Lead Party: City Council Key Contributors: Citizens Task Force Charter Commission General public TKDA Springsted Inc. Kennedy and Graven City Staff c. Funding sources: General Fund B. Specific Performance Objectives to be completed in 2008 (1) Objective: Amend the City Charter in accordance with the election or by ordinance (if process does not include referendum) a. Key Action Steps: b. Lead Party: City Council Key Contributors: Kennedy and Graven c. Funding sources: General Fund 4. Review and update City's recreation projects and priorities A. Calendar Year 2007 (1) Objective: Review and update Park Dedication Ordinance a. Key Action Steps: i. City staff prepares Park Dedication Analysis report ii. Park Board reviews and comments on report iii. City Council considers proposed ordinance for approval b. Lead Party: Public Services Department Key Contributors: Park Board City Council c. Funding Sources: Existing Personnel Budget (2) Objective: Complete Legacy Trail Project a. Key Action Steps: i. Oversee construction of the trail b. Lead Party: Public Services Department Key Contributors: TKDA c. Funding Sources: Special Assessments and Legacy Park Dedication (3) Objective: Redevelop Lino Park a. Key Action Steps: i. City Staff/TKDA prepare plans and specifications ii. City Council accepts plans and specifications, authorizes advertising for bids iii. City Council awards bid iv. City Staff/TKDA oversees implementation of redevelopment plan b. Lead Party: Public Services Department Key Contributors: TKDA City Council c. Funding Sources: Dedicated Parks Fund • • • • (4) Objective: Analyze potential development of recreation complex a. Key Action Steps: i. Develop feasibility study of phasing plan for eventual completion of improvements ii. Park Board reviews and comments on feasibility study iii. City Council accepts feasibility study • • b. Lead Party: Public Services Department Key Contributors: Brauer and Associates, Ltd TKDA Park Board City Council c. Funding Sources: $30,000 for preparation of feasibility study. No dollars included in 2007 budget B. Calendar Year 2008 (1) Objective: Consider potential development of recreation complex a. Key Action Steps: i. Develop alternative financing plans necessary to complete recommended phasing efforts ii. City Council determines whether to proceed with phasing plan. If so, City Council identifies preferred financing plan, and sets timeline for Phase I improvements iii. City staff analyzes /determines whether any modifications to master plan are warranted b. Lead Party: Key Contributors: c. Funding Sources: Public Services Department Finance Department Springsted Inc. City Council Up to $10,000 for consultant fees to develop financing options 5. Diversify, expand, and enhance the City's tax base A. Calendar Year 2007 (1) Objective: Analyze where economic development opportunities exist within the City for expansion of the City's tax base. a. Key Action Steps: i. Identify opportunities as part of Comprehensive Plan Update Process b. Lead party: Key Contributors: Community Development Staff Comprehensive Plan Advisory Panel EDAC c. Funding Source: General Fund. Primarily Staff Time B. Calendar Year 2008 (1) Objective: Develop Marketing Plan a. Key Action Steps: i. Complete market study based on identified available commercial /industrial land uses ii. Develop effective marketing materials based on results of the market potential in Lino Lakes b. Lead party: Community Development Staff Key Contributors: EDAC City Council c. Funding Source: General Fund. Will need to provide funding for Marketing Consultant (2) Objective: Align economic development and marketing strategy to the Comp Plan a. Key Action Steps: i. Identify opportunities for expansion of commercial and industrial tax base (see Objective 1) ii. Review and update EDAC economic development goals and strategies to ensure it reflects: • 2030 Community Vision • Market study's assessment of city's opportunities and timeline b. Lead party: Community Development Staff Key Contributors: Comprehensive Plan Advisory Panel EDAC c. Funding Source: General Fund. Primarily Staff Time (3) Objective: Establish the necessary internal organization capability to promote expansion and marketing of economic development opportunities a. Key Action Steps: i. Define economic development expectations based on results of market study, existing available land use and existing development standards ii. Evaluate staff organization and effectiveness in promoting economic development opportunities iii. Establish public relations campaign that is consistently applied by city council, staff and city advisory boards to ensure city's • • • • positive economic development message reaches the development community b. Lead party: Community Development Staff Key Contributors: City Council EDAC Comprehensive Plan Task Force c. Funding Source: General Fund. Primarily Staff Time (4) Objective: Review project approval process (pending Comprehensive Plan Update and approval schedules) a. Key Action Steps: i. Evaluate current approvals process and identify areas for improvement (pending update of Comp Plan) b. Lead party: Community Development Staff Key Contributors: City Council Comprehensive Plan Advisory Panel c. Funding Source: General Fund. Primarily Staff Time 6. Establish an appropriate revenue generation and allocation policy • for the City A. Specific performance objectives for the remainder of 2007 (1) Objective: Review Stormwater Utility Study a. Key Action Steps: i. Review /revise original SWU study ii. Present draft proposal to City Council iii. Create public information materials /mailings iii. Hold public information meetings — public input iv. Hold public hearing /Approve SWU v. Implement utility — 2008/2009 b. Lead party: Finance /Community Development Staff Key Contributors: City Council SEH, Inc. Public Services Funding Sources: Stormwater Management Fund /development related fees (2) Objective: Develop action plan based upon results of the review See # (1) above (3) Objective: Obtain citizen input as to how funds are allocated • Budget information session • Town Hall meetings • Other appropriate forums /methods for achieving citizen input Is this related to the SWU or is this separate? If SWU, see # (1). If not, we already have public forums during the budgeting process, including work sessions, council meetings and public hearings. (4) Objective: Review financing policies around infrastructure implementation a. Key Action Steps: i. Review policy with City Council; If determined no change needed, done ii. If determined that change is needed, formulate /adopt new infrastructure financing (special assessment) policy iii. Acquire /review policies from other cities iv. Review policy samples and formulate draft policy v. Present/review draft policy with City Council vi. Hold public hearing /approve policy b. Lead party: Finance Staff Key Contributors: City Council Community Development SEH, Inc. Springsted Inc. Public Services (5) c. Funding Sources: General Fund /Area & Unity Fund Objective: Complete a Utility Rate Study a. Key Action Steps: i. Complete Water Emergency and Conservation Plan — establish rate structure ii. Obtain Utility Rate Study proposal (Done) iii. City Council authorizes rate study (June 25) iv. Complete study and present to City Council v. City Council accepts study vi. Hold public hearing /adopt rates vii. Implement new rates — January, 2008 b. Lead party: Key Contributors: City Council Finance Staff • • • • • • SEH, Inc. Springsted Inc. Public Services c. Funding Sources: Water /Sewer Funds - equally (6) Specific performance objectives for 2008: Implement the policies established during 2007 7. Maintain safe neighborhoods and community areas A. Specific performance objectives to be pursued during the remainder of 2007 and into 2008 as necessary (1) Objective: Continue to promote the importance of establishing a sense of security throughout the community and maintaining support for the Police Department and community involvement of the following groups • Explorers • Reserve Officers • Office Volunteers • Public Safety Citizen Commission • Chaplain • Community Emergency Response Teams • Neighborhood Watch • National Night Out • Business Watch a. Key Action Steps: i. Complete assessment of departments' volunteer needs and recruitment strategies b. Lead Party: Police Department Staff Key Contributors: Existing Volunteers c. Funding Source: State Grant General Fund (2) Objective: Adopt a Crime Free Multi- Housing Ordinance a. Key Action Steps: i. Draft Ordinance ii. City Staff /Attorney Review b. Lead Party: Police Department Staff Key Contributors: City Staff (3) City Attorney City Council c. Funding Source: General Fund Objective: Adopt an 800 Megahertz Public Safety Radio System Ordinance a. Key Action Steps: i. Draft Ordinance ii. City Staff /Attorney Review iii. Submit for countywide adoption b. Lead Party: Police Department Staff Key Contributors: City Staff City /County Attorney City Council County Board c. Funding Source: General Fund (4) Objective: Update Emergency Plan during 2007 and conduct a functional exercise of the plan in 2008 a. Key Action Steps: i. Research and update plan ii. Update related ordinances Practice Plan b. Lead Party: Police Department Staff Key Contributors: Centennial Fire District Public Services Staff Community Development Staff Anoka County Emergency Management c. Funding Source: State Grant - Homeland Security and Emergency Management (5) General Fund Objective: Review Task Force options pertaining to these areas • Gang • Drug • Violent Offenders • Cyber Crimes • Financial Crimes a. Key Action Steps: 10 • • • • • i. Perform statistical analysis and historical review of crime in Lino Lakes ii. Project future crime trends iii. Evaluate applicability of Task Force utilization a. Lead Party: Police Department Staff Key Contributors: Public Safety Citizens Commission Local, County and State Law Enforcement Agencies b. Funding Source: State /Federal Grants Shared Cost Formulas with Participating Agencies General Fund 8. Address projected housing needs for the City of Lino Lakes A. Calendar Year 2007 (1) Objective: Provide land use areas in the Comp Plan that would allow densities that make affordable housing possible a. Key Action Steps: i. Align Comp Plan land use map with housing goals b. Lead party: Community Development Staff Key Contributors: Comprehensive Plan Advisory Panel c. Funding Source: General Fund. Primarily Staff Time B. Calendar Year 2008 (1) Objective: Evaluate incentives that will encourage the private sector to supply affordable housing products (examples: density bonuses, lot size flexibility) a. Key Action Steps: i. Work with community development to use best management practices for locating affordable housing product within new development ii. Evaluate programs for maintaining current housing stock b. Lead party: Community Development Staff Key Contributors: City Council c. Funding Source: General Fund. Primarily Staff Time (2) Objective: Integrate life cycle /affordable housing into new residential neighborhoods a. Key Action Steps: (3) i. Work with community development to use best management practices for locating affordable housing product within new development (See objective 1) b. Lead party: Community Development Staff Key Contributors: c. Funding Source: General Fund. Primarily Staff Time Objective: Develop ordinances and related policies to keep housing affordable, safe, and attractive a. Key Action Steps: i. See Police Department Goals b. Lead party: Community Development Staff Key Contributors: c. Funding Source: General Fund. Primarily Staff Time 12 • • • • • • AGENDA ITEM 2A STAFF ORIGINATOR Al Rolek MEETING DATE August 13, 2007 TOPIC Accepting Donation from Centennial Firefighters Relief Assn. to Defray Cost of Annual Safety Camp VOTE REQUIRED Simple Majority As has been done in past years, the Centennial Fire Relief Association has made a contribution to the Centennial Fire District to defray the cost of the annual Safety Camp. The method of funding for this is through charitable gambling proceeds. Because the Centennial Fire District is a joint powers entity, it has no statutory authority to fix its own budget. This function is performed by each entity participating in the joint powers agreement. Therefore, it cannot accept the charitable gambling proceeds directly. In the past, the charitable gambling proceeds have been donated to and accepted by the City of Lino Lakes, as a participant in the joint powers agreement, and a check in the same amount was issued to the Centennial Fire District for the purchase. In remaining consistent with past practice, staffs recommendation is to accept the donation of charitable gambling proceeds from the Centennial Firefighters Relief Association in the amount of $1,500 and authorize the issuance of a check in the amount of $1,500 to the Centennial Fire District to be used for the annual Safety Camp. This transaction will have no net affect on the City's 2007 budget. 1. Accept the donation of charitable gambling proceeds from the Centennial Firefighters Relief Association in the amount of $1,500 and authorize the issuance of a check in the amount of $1,500 to the Centennial Fire District to defray the cost of the annual Safety Camp. 2. Refer to Staff for further review. 3. Decline the donation of charitable gambling proceeds. Option 1 AGENDA ITEM 1 4- STAFF ORIGINATOR: David J. Pecchia, Chief of Police DATE August 13, 2007 TOPIC Second 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 I I 'BACKGROUND l I 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. 111 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. I I OPTIONS I I I 1. Motion to Approve - 2"d Reading 2. Motion to Deny IRECOMMENDATION I I OPTION 1 - Approve • • • 15` Reading: Published: 2"O Reading: Effective: To County Recorder Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 08 -07 AMENDING THE CITY CODE BY ADDING A NEW CHAPTER 1009 RELATED TO HOUSING MAINTENANCE CODE The City Council of The City of Lino Lakes do ordain as follows: Section 1. That the Lino Lakes Code of Ordinances be amended by adding thereto a new Chapter 1009 to read as follows: CHAPTER 1009. HOUSING MAINTENANCE CODE General Conditions 1009.01 Scope of Chapter. Every portion of a building or premises used or intended to be used for residential purposes shall comply with the provisions of this Chapter irrespective of when the building was constructed, altered, or repaired. Any alterations or changes of use which may be caused directly or indirectly by the enforcement of this Code shall be done in accordance with applicable sections of the Building Code and Zoning Code. Rest homes, convalescent homes, nursing homes, hotels, and motels shall be exempted from compliance with this Chapter. 1009.02 Assurance of Rental Housing. It is the purpose of this Chapter to assure that rental housing in the City is decent, safe and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterprise that entails certain responsibilities. Operators are responsible to take such reasonable steps as are necessary to assure that the citizens who occupy the units may pursue the quiet enjoyment of the normal activities of fife in surroundings that are: safe, secure and sanitary; free from crimes and criminal activity, noise, nuisances or annoyances; free from unreasonable fears about safety of persons and security of property; and suitable for raising children. 1009.03 Pre - Existing Dwellings and Multiple Dwellings. This Chapter establishes minimum standards for the initial and continued occupancy of all buildings and does not replace or modify standards otherwise established for the construction, repair, alteration, or use of building equipment or facilities. 1009.04 Definitions. Terms not defined in this Section shall be as defined in the Building Code or Zoning Code. Further, terms not defined in this Section nor in the Building Code or Zoning Code shall have the ordinary and accepted meanings as the context shall require. The definitions in this Section shall apply when these words and phrases are used in this Chapter. Approved. As applied to a material, device, or method of construction as approved by the Enforcement Officer under the provisions of this Chapter or approved by another authority designated by law to give approval in the matter in question. Basement. The portion of a building between floor and ceiling which is partly below and partly above grade but so located that the vertical distance from grade to floor below is less than the vertical distance from grade to ceiling. Building Code. The State Building Code in its entirety as adopted by the city, including any future amendments. Cellar. The portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to floor below is equal to or greater than the vertical distance from grade to ceiling. Dwelling. Any building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes. Dwelling Unit. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Enforcement Officer. A representative of the City responsible for the enforcement of the provisions of this Chapter. Exterior Property Areas. Open space on the premises under the control of the owners or operators of the premises. 2 • • • • Extermination. The control and elimination of insects, rodents, or other pests by: (1) Eliminating their harborage places. (2) Removing or making inaccessible materials that may serve as their feed. (3) Poison spraying, fumigating, trapping, or another recognized and legal pest elimination method. Family. A group of one or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a boardinghouse, lodging house, hotel, or motel. Grade. The surface of the ground or surface ground after completion of any change in contour. Gross Floor Area. The sum of the horizontal areas of the several floors of all buildings on a lot as measured from the exterior faces of exterior walls or from the center line of walls separating two buildings. Habitable Room. A room occupied by one or more persons used or intended for living, cooking, eating, or sleeping purposes. This definition does not include bathrooms, closets, water closet compartments, laundries, serving and storage pantries, corridors, cellars, and spaces that are not used frequently or during extended periods. Infestation. The presence of insects, rodents, vermin, or other pests within or contiguous to a multiple dwelling, dwelling unit, rooming house, rooming unit, or premises. units. Multiple Dwelling. A building or portion thereof containing two or more dwelling Occupant. Any person over one year of age living and sleeping in a dwelling unit or having actual possession of the dwelling or rooming unit. Openable Area. That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. Operator. Any person who has charge, care, or control of a multiple residence or rooming house in which dwelling units or rooming units are let or offered for occupancy. Owner. (1) Owner or owners of the freehold of the premises or lessor estate therein; (2) A mortgagor or vendee in possession, assignee of rents, receiver, executor, trustee, lessee; or (3) Other person in control of a building, including their managers and agents. Plumbing or Plumbing Fixtures. Water heating facilities, water pipes, gas pipes, garbage disposal units, water closets, waste pipes, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machine, or other similar equipment, catch basins, drains, vents, or other similarly supplied fixtures, together with all connections to water, gas, sewer, or vent lines. Premises. A lot, plot, or parcel of land including the building or structures thereon. Residence Building. A building in which sleeping accommodations or sleeping accommodations and cooking facilities as a unit are provided. Rooming House. A residence building or any part thereof containing one or more rooming units in which space is let by the owner or operator to persons who are not the husband, wife, son, daughter, mother, father, sister, or brother of the owner or operator. Rooming Unit Any room or group of rooms forming a single habitable unit which is used or intended to be used for living and sleeping but not for cooking or eating purposes. Supplied. Installed, fumished, or provided by the owner or operator. Workmanlike state of maintenance and repair. Maintenance and repair shall be made in a reasonably skillful manner. Yard. All ground, lawn, court, walk, driveway or other open space constituting part of the same premises as a residence building. Ventilation. The process of supplying and removing air by natural or mechanical means to or from any space. Zoning Code. Zoning ordinances as adopted by the city including any future amendments. 1009.05. Enforcement Officer. City personnel or their designees shall be responsible for enforcement of the provisions of this Chapter. Authorized representatives include but are not limited to Building Official, Fire Chief or his designee and Police Chief or his designee. 1009.06. Inspection of Dwellings. (1) The Enforcement Officer shall be authorized to make inspections to determine the condition of dwellings, multiple dwellings, dwelling units, rooming houses, 4 s • rooming units, and premises in order to safeguard the health, safety, morals, and welfare of the public. (2) The Enforcement Officer, or the Officer's designated representative, shall be authorized to enter any dwelling, dwelling unit, multiple dwelling, rooming house, or premises at any reasonable time to perform the duties prescribed under this Chapter. The owner, operator, or occupant shall give the Enforcement Officer free access to the entire area for the purpose of completing an inspection, examination, or survey. The license shall be revoked if the Enforcement Officer is not permitted access. (3) A search warrant may be obtained when the occupant refuses to consent to the inspection where: (a) There is probable cause to believe a violation exists within the particular structure; or (b) A determination has been made to conduct periodic inspections of certain areas of the City. (4) No warrant is needed for entry where an emergency condition exists which endangers persons or property and insufficient time is available to obtain a warrant and protect endangered persons or property. (5) Entry under this Section is subject to Minnesota Statutes, Section 504B.211. • 1009.07. Annual inspections of Multiple Dwellings. • The Enforcement Officer shall inspect the premises of all multiple dwelling buildings at least once a year to insure compliance with this Chapter. 1009.08. Access by Owner of Multiple Dwellings. Every occupant of a dwelling unit or rooming unit shall give the owner or operator access to any part of the dwelling unit, rooming unit, or its premises at reasonable times for inspections, maintenance, and making such repairs or alterations as may be necessary to comply with the provisions of this Chapter. 1009.09. Notice of Violation. (1) Written Notice. When any violation of this Chapter shall come to the attention of the Enforcement Officer, written notice shall be provided to the licensee or if no license has been issued, notice shall be provided to the owner, operator, or occupant of the premises. Notice shall be by United States mail at the last known address of such person and notice shall also be posted in at least one conspicuous place upon the premises where the violation exists. (2) Time to Correct. The notice shall give the alleged violator a specified number of days, not exceeding thirty days, to correct the violation. The Enforcement Officer shall have the authority to extend the time to correct the violation upon good cause being shown. (3) Prosecution. Prosecution for any violation of this Chapter shall not be commenced unless the notice as provided in this Section has been provided and the cited violation has not been remedied within the time specified. Failure to receive the notice shall not be a defense in any prosecution. (4) Re- inspection Fee. A fee shall be charged for all re- inspections required because of a violation that is not corrected by the time specified in the written notice. The fee shall be established by resolution. Minimum Standards 1009.20. Exterior Property Areas. (1) Compliance. No person shall occupy as owner - occupant or let to another for occupancy any dwelling unit, multiple dwelling, rooming house, rooming unit, or portion thereof for the purpose of living, sleeping, cooking, or eating therein which does not comply with the provisions of this Division. (2) Sanitation. All exterior property areas shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage. (3) Grading and Drainage. All premises shall be graded and maintained to prevent the accumulation of stagnant water on the premises or within any building or structure located thereon. (4) Noxious Weeds. All exterior property areas shall be kept free from species of weeds or plant growth that are noxious or detrimental to the public health. (5) Insect and Rodent Harborage. (a) Every owner and occupant of a structure containing two or more dwelling units shall be responsible for the extermination of insects, rodents, vermin, or other pests in all exterior areas of the premises. The owner shall be responsible for extermination when infestation exists in the shared or public parts of the premises. (b) In the case of a single family structure, the occupant shall be responsible for the extermination of insects, rodents, and vermin in all exterior property areas. (6) Accessory Structures. All accessory structures including detached garages shall be maintained, structurally sound, and in good repair. 6 • • • (7) Unoccupied Structure. The owner of every unoccupied dwelling or multiple dwelling shall be responsible for the maintenance of exterior property areas required under this Division. 1009.21 Exterior of Structures. (1) Compliance. No person shall occupy as owner - occupant or let to another for occupancy any dwelling unit, multiple dwelling, rooming house, rooming unit, or portion thereof for the purpose of living, sleeping, cooking, or eating therein that does not comply with the provisions of this Division. (2) Foundations, Walls, and Roofs. Every foundation, exterior wall, roof, and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair. points. (a) The foundation elements shall adequately support the building at all (b) Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, falling or loose stucco or brick, and any other conditions that might admit rain or dampness to the interior portions of the walls or to the exterior spaces of the multiple dwelling. (c) The roof shall be tight and have no defects that admit rain. Roof drainage shall be adequate to prevent rain water from causing dampness in the walls. (3) Stairs, Porches, and Railings. (a) Every outside stair, porch, and appurtenance attached thereto shall be constructed so as to be safe for use and capable of supporting a load as determined in the Building Code. These areas shall be kept in sound condition and good repair. (b) Every flight of stairs shall have hand rails that are located as provided by the Building Code. (c) Every porch which is more than thirty inches above grade shall have rails so located and capable of restraining a horizontal pressure as determined by the Building Code. (d) Every rail and balustrade shall be firmly fastened and maintained in good condition. (4) Windows, Doors, and Hatchways. Every window, exterior door, and basement hatchway shall be substantially tight and shall be kept in sound condition and repair. (a) Every window shall be fully supplied with window panes that are without open cracks or holes. (b) Every window sash shall be in good condition and fit reasonably tightly within its frame. 7 (c) Every window, other than a fixed window, shall be capable of being easily opened and shall be held in an open or closed position by window hardware. (d) Every exterior door, door hinge, and door latch shall be in good condition. (e) When closed, every exterior door shall fit reasonably well within its frame. (f) Every window, door, and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain and substantially exclude wind from entering the dwelling or multiple dwelling. (g) Every basement hatchway shall be constructed and maintained so as to prevent the entrance of rodents, rain, and surface drainage water into the dwelling or multiple dwelling. (h) Every door available as an exit shall be capable of being opened easily and without the use of a key from the inside. 1 009.22 Interior Structures. (1) Compliance. No person shall occupy as owner - occupant or let to another for occupancy any dwelling, multiple dwelling, rooming house, rooming unit, or portion thereof for the purpose of living, sleeping, cooking, or eating therein which does not comply with the provisions of this Division. (2) Free from Dampness. All cellars, basements, and crawl spaces shall be maintained reasonably free from dampness to prevent conditions conducive to decay or deterioration of the structure. (4) Structural Members. The supporting structural members shall be maintained structurally sound and show no evidence of deterioration. The load bearing capability shall be as required by the Building Code. (5) Interior Stairs and Railings. (a) All interior stairs shall be maintained in sound condition and good repair by replacing treads and risers that evidence excessive wear or are broken, warped, or loose. Every inside stair shall be so constructed and maintained as to be safe to use and capable of supporting a load as determined by the Building Code. (b) Every stairwell and every flight of stairs shall have hand rails or railings as required by the Building Code. (c) Every hand rail or railing must be firmly fastened and must be maintained in good condition. Properly balustraded railings capable of bearing normally imposed loads as determined by the Building Code shall be placed in the open portions of the stairs, balconies, landings, and stairwells. 8 • • • (6) Bathroom Floors. Every toilet room floor surface and bathroom floor surface shall be constructed and maintained to be impervious to water and to permit the floor to be easily kept in a clean and sanitary condition. (7) Sanitation. The interior shall be maintained in a clean and sanitary condition and free from accumulation of rubbish or garbage. (8) Insect and Rodent Harborage. (a) Every owner of a structure containing two or more dwelling units shall be responsible for the extermination of insects, rodents, vermin, or other pests wherever infestation exists in two or more dwelling units or in the shared or public parts of the structure. (b) The occupant of a dwelling unit in a dwelling or multiple dwelling shall be responsible for extermination within that unit when it is the only one infested. (c) Whenever infestation of rodents is caused or permitted by failure of the owner to maintain the dwelling or multiple dwelling in a rodent proof condition, extermination of the rodents shall be the responsibility of the owner. (9) Interior Walls, Floors, Ceiling, and Woodwork. All interior walls, floors, ceilings, and associated woodwork or trim must be maintained in a sound condition and workmanlike repair. 1009.23. Basic Facilities. (1) Compliance. No person shall occupy as owner - occupant or let to another for occupancy any dwelling unit, multiple dwelling, rooming house, rooming unit, or portion thereof for the purpose of living, sleeping, cooking, or eating that which does not comply with the provisions of this Division. (2) Water Closet. Every dwelling unit shall contain within its walls a room that affords privacy and is equipped with a water closet and is separate from the habitable rooms. (3) Lavatory. Every dwelling unit shall contain a lavatory that, when a water closet is required, shall be in the same room with the water closet. (4) Bathtub or Shower. Every dwelling unit shall contain a room that affords privacy to a person in the room and that is equipped with a bathtub or shower. (5) Kitchen Sink. Every dwelling unit shall contain a kitchen sink apart from the lavatory requirement in Section 1DD9.23, subd 3. (6) Connection to Water and Sewer System. Every required kitchen sink, lavatory basin, bathtub, shower, and water closet shall be properly connected to either a public water and sewer system or to an approved private water and sewer system and shall be supplied with hot and cold running water. (7) Water Heating Facilities. Every dwelling or unit shall be supplied with water heating facilities which shall be: (a) Installed in an approved manner, property maintained, and properly connected with hot water lines. (b) Capable of heating and delivering water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower, and laundry facilities or other similar units at a temperature of not less than 130 degrees Fahrenheit (54 degrees Celsius) at any time needed. (8) Heating Facilities. (a) Every dwelling and multiple dwelling unit shall have heating facilities. (b) The owner shall be required to see that the heating facilities are property installed, safely maintained, and in good working condition. (c) The owner shall ensure that the facilities are capable of safely and adequately heating all habitable rooms, bathrooms, and toilet rooms to a temperature of at least eighty degrees Fahrenheit (27 degrees Celsius) with an outside temperature of minus twenty degrees Fahrenheit (minus 29 degrees Celsius). The heating facilities shall be capable of maintaining a minimum room temperature of sixty -eight degrees Fahrenheit (20 degrees Celsius) at three feet above the floor in all habitable rooms including bathrooms and toilets at all times when rented. (9) Operation of Heating Facility and Incinerator. Every heating or water heating facility must be installed and operated in accordance with the requirements of the Building Code. 1009.24. Installation and Maintenance. (1) Compliance. No person shall occupy as owner - occupant or let to another for occupancy any dwelling, multiple dwelling, rooming house or rooming unit, or portion thereof for the purpose of living, sleeping, cooking, or eating therein that does not comply with the provisions of this Division. (2) Plumbing Fixtures. Every water line, plumbing fixture, and drain shall be: (a) Properly installed, connected, and maintained in working order, (b) Kept free from obstructions, leaks, defects; and (c) Capable of performing the function for which it was designed. (d) Repairs and installations shall be made in accordance with the provisions of the Building Code. (3) Plumbing Systems. Every stack, waste, and sewer line shall be installed and maintained so as to function property and be kept free from obstructions, leaks, and defects to prevent structural I0 • • • • deterioration or a health hazard. All repairs and installations shall be made in accordance with provisions of the Building Code. (4) Heating Equipment. Every space heating, cooking, and water heating device located in a dwelling or multiple dwelling shall be properly installed, connected, maintained, and capable of performing the function for which it was designed in accordance with the provisions of the Building Code. (5) Electrical Service, Outlets, and Fixtures. (a) All residential structures and dwelling units shall be supplied with electrical service that is adequate to safely meet the electrical needs of the structure and dwelling units in accordance with the provisions of the Building Code. (b) Every electrical outlet and fixture shall be installed, maintained, and connected to the source of electrical power in accordance with the provisions of the Building Code. (6) Maintenance of Facilities and Equipment. (a) All required equipment and all building space and parts in all dwelling units shall be constructed and maintained to properly and safely perform their intended function in accordance with the provisions of the Building Code. (b) All housing facilities shall be maintained in a clean and sanitary condition so as to not breed insects and rodents or produce dangerous or offensive gases or odors. 1009.25. Light and Ventilation. (1) Light and Ventilation. No person shall occupy as owner - occupant or let to another for occupancy any dwelling, multiple dwelling, rooming house, or rooming unit, or portion thereof for the purpose of living, sleeping, cooking, and eating therein that does not comply with the provisions of this Division. (2) Natural Light in Habitable Rooms. (a) Every habitable room shall have at least one window of approved size facing directly to the outdoors or to a court. If the room is connected to a room or area used seasonally, such as a porch, then adequate daylight must be possible through this inter - connection. (b) The minimum total window area measured between stops for every habitable room shall be eight percent of the floor area of the room. (c) Whenever walls or other portions of like obstructions are located less than three feet from the window and extend to a level above that of the ceiling of the room, the window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the minimum total window area. 11 (3) Natural Light in Non - Habitable Rooms. Every room, other than a habitable room, used or occupied by persons shall comply with the provisions of this Section. This Section shall not apply to a room with infrequent occupancy. (a) The room shall be provided with at least one window opening directly onto a street, court or be equipped with ventilating skylights which comply with the requirements of this Article; or (b) The room shall be provided with an approved means of mechanical ventilation. (4) Light in Non - Habitable Work Space. Every laundry, furnace room, and similar non - habitable work space shall have at least one functioning electric light fixture available at all times. (5) Light in Public Halls and Stairways. Every public hall and inside stairway shall be adequately lighted at all times with an illumination of at least one foot candle per square foot in the darkest portion of the normally traveled stairs and passageways. (6) Electric Outlets Required. Every habitable room, kitchen, public hall, water closet compartment, bathroom, laundry room, and fumace room shall have the minimum number of electrical outlets and electrical lighting fixtures as provided for in the Building Code. (7) Adequate Ventilation. Every habitable room shall have at least one window which can be easily opened or such other device as will adequately ventilate the room. A total openable window area in every habitable room shall be equal to at least fifty percent of the minimum window area size required in Section 1009.25 except where mechanical ventilation is provided in accordance with the provisions of the Building Code. (8) Bathrooms and Water Closets. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in Sections 1009.25, subd 3 and 7 except that no window shall be required in bathrooms or water closet compartments equipped with an approved ventilation system. 1009.26. Fire Safety. (1) Compliance. No person shall occupy as owner - occupant or shall let to another for occupancy any dwelling, multiple dwelling, rooming house, rooming unit, or portion thereof for the purpose of living, sleeping, cooking, or eating therein that does not comply with the applicable provisions of the City's Fire Prevention Code and the following additional standards for safety. (2) Flammable Liquid Prohibited. No residence building or rooming unit shall be located within a building containing a business that handles, dispenses or stores 12 • • flammable liquids with a flash point of 110 degrees Fahrenheit (43 degrees Celsius) as defined by the National Board of Fire Underwriters. • (3) Exits. Compliance with the exit provisions of the Building Code is required (4) Cooking and Heating Equipment. All cooking and heating equipment, components, accessories, and devices shall be maintained free from leaks and obstructions and kept functioning property to be free from fire, health, and accident hazards. All installations and repairs shall be made in accordance with the regulations of the Building Code. 1009.27 Occupant Responsibilities. (1) Cleanliness. Every occupant of a dwelling unit shall keep that part of the dwelling unit and premises which the occupant occupies, controls, or uses in a clean and sanitary condition. (2) Disposal of Rubbish. Every occupant of a dwelling unit shall dispose of all rubbish in a clean and sanitary manner. (3) Use and Operation of Supplied Plumbing Fixtures. Every occupant of a dwelling unit shall keep the supplied plumbing fixtures clean and sanitary and shall be responsible for the exercise of reasonable care in the proper use and operation of the fixtures. (4) Plumbing Fixtures Fumished by Occupant. Every plumbing fixture fumished by the occupant shall be properly installed and maintained in good working condition. The fxtures shall be clean, sanitary, and free from defects, leaks, or obstructions. 1009.28. Rooming Houses. (1) Compliance. No person shall operate a rooming house or shall occupy or let to another for occupancy a rooming unit in a rooming house except in compliance with the provisions of this Division. (2) Water Closet, Hand Lavatory, and Bath Facilities. (a) At least one water closet, lavatory basin, and bathtub or shower shall be supplied for each four rooms within a rooming house wherever these facilities are shared. (b) The facilities shall be properly connected to an approved water and sewer system and shall be maintained in good working condition. (c) Every lavatory basin and bathtub or shower shall be supplied with hat and cold water at all times. (d) All shared facilities shall be located within the residence building being served and shall be directly accessible by all persons sharing the facilities from a common hallway or passageway. 13 (3) Bathroom Enclosures. Every water closet, flush urinal, lavatory basin, and bathtub or shower required by Section 1009.23 shall be located within the rooming house in a room or area that: (a) Affords privacy and is separate from the habitable rooms; and (b) Is accessible from a common hall without going outside the rooming house. (4) Minimum Floor Area for Sleeping Purposes. Every room occupied for sleeping purposes by one person shall contain at least seventy square feet of floor area. Every room occupied for sleeping purposes by two or more persons shall contain at least fifty square feet of floor area for each occupant. (5) Bed Linens and Towels. The operator of a rooming house shall change the supplied bed linens and towels at least once a week and prior to the letting of any room to another occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner. (6) Window Coverings. The window of each rooming unit shall be supplied with shades, drawn drapes, or other devices or materials that will afford privacy to the occupant of the rooming unit when properly used. (7) Responsibilities of Operator. The operator of a rooming house shall be responsible for. (a) The sanitary maintenance of all walls, floors, and ceilings and every other part of the rooming house. (b) The sanitary maintenance of the entire premises when the entire structure or building is leased or occupied by the operator. Licenses 1009.40. Required. No person shall allow to be occupied or let to another for occupancy units in a multiple dwelling for which a license has not been granted by the City. There shall be two types of licenses: regular and provisional. 1009.41. Application. (1) Before any license shall be issued or renewed, the owner shall complete an application. The following persons shall be authorized to sign and submit the application: (a) If the owner is a natural person, by the owner thereof. (b) If the owner is a corporation, by an officer thereof. (c) If the owner is a partnership, by a partner thereof. 14 • • • • (2) The registration statement shall be made on forms prescribed by the City and shall include: (a) The name and address of the owner of the multiple dwellings. (b) The name and address of any operator or agent actively managing the multiple dwelling. (c) If the operator or agent is a business entity, the application shall include the names, telephone numbers, and addresses of individuals who will be involved in such management, together with a description of the scope of services and manner of delivering these services by the manager. (d) If the registrant is a partnership, the name and address of all partners. (e) If the registrant is corporation, the name and address of all officers. (f) If the multiple dwelling is being sold on a contract for deed, the name and address of the vendees. (g) The legal address of the multiple dwelling. (h) The number of toilet and bath facilities shared by the occupants of two or more units. (i) The number and kinds of units within the multiple dwelling. (j) The height of the multiple dwelling in stories. (k)The construction of the exterior of the building. (I) The total floor area of the building. (m) The total area provided on premises for off-street parking. (n) An application for a provisional license shall include information as required by Section 1009.47. 1009.42. License Fees. The license fees shall be as provided in the fee schedule ordinance. The license fees shall be established by resolution. (1) A license fee shall be collected for each unit in a multiple dwelling. (2) If an application is made less than 45 days before the beginning date of the license period applied for then the fee shall be accompanied by an additional amount equal to 100 percent of such license fee. The additional amount shall be a penalty for a late application. (3) The license fee will be reduced for participation in the Safer Tenants and Rentals Program at the following rates: Level "C" certification — 25% Level "B" certification — 50% Level 'A" certification — 75% 1009.43. License Issuance. 15 The City shall issue a license if the building and the application are found to be in compliance with the provisions of this Chapter provided that all real estate taxes and municipal utility bills for the premises have been paid. Real estate taxes will not be considered to be due and unpaid for purposes of this Section while a proper and timely appeal of such taxes is pending and is diligently pursued to completion by the landowner. 1009.44. Posting of License. The licensee shall post the receipted copy of the license in a conspicuous public corridor or hallway or lobby of the licensed multiple dwelling. The license shall be displayed in a frame with a glass covering. 1009.45. Renewal of License. The license period shall commence either on March 1 or September 1. A regular license will be issued for a period of one year. A provisional license shall be issued for a period of six months. 1009.46. Transfer of License. A license is transferable for a fee to any person who has actually acquired legal ownership of licensed premises. The transfer shall be effective for the unexpired portion of the license period provided that the transfer application is filed with the City prior to the actual change of legal ownership and the transferee is not disqualified from holding the license due to prior revocation or suspension of a license. The license shall terminate upon failure to apply for a transfer prior to change of legal ownership. The fee for the transfer shall be established by resolution. 1009.47. Provisional License. (1) Police or Fire Calls. Licensed multiple dwellings that have generated an average of over .5 police or fire calls per dwelling unit in a preceding six month period as specified in this Section shall be eligible only for a provisional license. (a) Police and fire calls that are counted in determining whether a provisional license is required include the following types of calls or events: i. Calls or events listed in Section 1009.47, subd (ii) and (iii) and 1009.49, subd 1. ii. Calls or events categorized as part one crimes in the Uniform Crime Reporting System, including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. iii. Calls or events categorized by the Public Safety Department: miscellaneous juvenile status crimes, liquor offenses or curfew violations; disturbing the peace or harassing communications; property damage; criminal damage to property or trespass; domestic incidents; fire alarms; public disturbance or disorderly conduct; loud party or noise complaints; 16 • • • disorderly juveniles; assault in the fifth degree or non - domestic related assaults. The Director of Public Safety shall maintain for public inspection a description of the coding system and a list of the codes and crimes included within each of these categories of calls or events. iv. The Director of Public Safety may determine that multiple incidents shall be counted as a single call in appropriate cases. (b) Calls will not be counted for purposes of determining whether a provisional license is required where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subdivision 2(b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 5188.01, Subdivision 2(a). (c) The period of time used to determine whether a provisional license is required is the six month period ending two months before the commencement of the license term, either December 31 or June 30. (d) The City will provide by mail to each licensee a monthly report of calls described in Section 1009.47, subd A, section (ii) and (iii) and Section 1009.49, subd. 1. (2) Resident Manager. Provisional licenses shall only be issued for facilities that have a manager or managers certified in accordance with Section 1000 -162. Managers must be resident managers or on site managers who are on site or available 24 hours a day. (3) Mitigation Plan. The applicant for a provisional license must submit a mitigation plan for the license period for review to the City Council. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls described in Section 1009.47, subd 1 to a level that qualifies for a regular license. The mitigation plan may include such steps as: changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, and security personnel. (4) Decision of City Council. The application and a proposed mitigation plan will be presented to the City Council together with a disposition recommendation by the City Administrator. After giving the applicant an opportunity to be heard and present evidence, the City Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the City Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. (5) Monthly Reports. The licensee shall comply with the approved mitigation plan. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. 1009.48. Manager Certification. 17 (1) To qualify for a provisional license, the applicant must provide and maintain at least one resident manager or on site managers who are on site or available 24 hours a day and who are certified by this Section. (2) A person may be certified as a resident or on site manager after successfully completing the training program provided or specified by the City. (3) A license may be granted to an applicant who does not currently have a certified resident or on site manager, and a license may continue in effect on the departure of a certified resident manager, on the condition that a resident manager or on site manager shall register for and complete the training program as promptly as is reasonably possible. 1009.49. Conduct on Licensed Premises. (1) Disorderly Premises. The licensee shall be responsible for ensuring that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this Section, a premises is disorderly at which any of the following activities occur. (a) Violation of laws relating to the possession of controlled substances as defined in Minnesota Statutes Section 152.01, Subdivision 4. (b) Violation of Minnesota Statutes, Section 609.72 (Disorderly Conduct) (c) The unlawful sale of intoxicating liquor or 3.2 percent malt liquor. (d) Violation of laws relating to gambling. (e) Violation of laws relating to prostitution as defined in Minnesota Statutes, Section 609.321, Subdivision 9, or acts relating to prostitution. (f) Unlawful use or possession of a firearm or weapon in violation of Minnesota Statutes, Section 609.66, Subdivision la, 609.67 or 624.713. (g) Violation of Minnesota Statutes, Section 609.506 (False Info to Police Officer). (h) Violation of Minnesota Statutes, Section 609.705 (Unlawful Assembly). (1) Violation of Minnesota Statutes, Section 609.71 (Riot). (j) Violation of Minnesota Statutes, Section 609.713 (Terrorist Threat). (k) Violation of Minnesota Statutes, Section 609.715 (Presence at Unlawful Assembly). (I) Violation of Minnesota Statutes, Section 609.487 (Fleeing, Other Than Vehicle). (2) Enforcement Authority. The City Administrator shall be responsible for enforcement and administration of this Chapter. Authority to take any action authorized by this Chapter may be delegated to the City Administrators authorized designee. (3) Notice of Violation. Upon determination by the City that a licensed premises was used in a disorderly manner notice of the violation shall be given to the licensee. 18 • • • • • The notice shall include a directive for the licensee to take steps to prevent further violations. The disorderly manner shall be as defined in Section 1009.49, subd. 9. (4) Second Instance. If a second instance of disorderly use of the licensed premises occurs within three months of an incident for which a notice was provided as specified in Section 1009.49, subd. 3, the City shall notify the licensee of the violation and shall also require the licensee to submit a written report of the actions taken and proposed to be taken by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the City within five days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three months. (5) Third Instance. If a third instance of disorderly use of the licensed premises occurs within three months after any two previous instances of disorderly use for which notices were provided as specified in Section 1009.49, subd 3 and 4, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this Subsection shall be initiated by the City by giving written notice to the licensee of a hearing before the City Council to consider such denial, revocation, suspension or non - renewal. The written notice shall specify all violations and shall state the date, time, place and purpose of the hearing. The hearing shall be held no less than ten days and no more than thirty days after giving the notice. (6) Action of the City Council. Following the hearing, the City Council may deny, revoke, suspend, or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this Section. (7) Instances Defined. For purposes of this Section, second and third instances of disorderly use shall be those which: (a) Occur at the same rental unit; or (b) Involve tenants at the same rental unit; or (c) Involve guests or invitees at the same rental unit; or (d) Involve guests or invitees of the same tenant; or (e) involve the same tenant. (8) Eviction Proceedings. No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this Section may be postponed or 19 discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. (9) Evidence of Disorderly Manner. A determination that the licensed premises have been used in a disorderly manner as described in Section 1009.49, subd 1 shall be made upon substantial evidence to support this determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use nor shall the fact or dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this Section. (10) Serving of Notice. All notices given by the City under this Section shall be personally served on the licensee, sent by registered mail to the licensee's last known address, or, if neither method of service effects notice, by posting the notice in a conspicuous place on the licensed premises . (11) Council Action Not Exclusive. Enforcement actions provided in this Section shall not be exclusive. The City Council may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by the City Code or State law 1009.50. Suspension, Revocation, Denial and Non - Renewal of a License. (1) Reason for Action. The Council may revoke, suspend, deny or decline to renew any license issued under this Chapter upon any of the following grounds : (a) False statements on any application or other information or report required by this Chapter to be given by the applicant or licensee. (b) Failure to pay any application, penalty, re- inspection, or reinstatement fee required by this Chapter and resolution. (c) Failure to correct deficiencies noted in notices of violation in the time specified in the notice. (d) Failure to comply with the provisions of an approved mitigation plan in the case of provisional licenses. (e) Any other violation of this Chapter. (2) Applicable Sections. Revocation, suspension, and non- renewal may be brought under either this Section or Section 1009.49, subd 6, or both. (3) Regular License. A regular license shall be revoked, if at mid term, or not renewed, if at the end of a term, upon a finding that the premises are only eligible for a provisional license as provided in Section 1009.47. (4) Written Notice. A decision to revoke, suspend, deny or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefore and the applicant or licensee will be given an opportunity for a hearing before the City Council before final action to revoke, suspend, deny, or not renew a license. (5) Action of City Council. The City Council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or 20 • • • • • • avoided and good faith efforts to comply and shall issue a decision to deny, not renew, suspend, or revoke a license only upon written findings. The City Council may suspend or revoke a license or not renew a license for part or all of a facility . (6) Reinstatement of License. Upon a decision to revoke, deny, or not renew a license, no new application for the same facility will be accepted for a period of time specified in the written decision of the City Council, not exceeding one year. Such new applications must be accompanied by a reinstatement fee, as specified by ordinance, in addition to all other fees required by this Chapter. (7) No New Rentals. A written decision to revoke, suspend, deny, or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be re-let or occupied. Revocation, suspension or non - renewal of a license shall not excuse the owner from compliance with all terms of this Chapter for as long as any units in the facility are occupied. (8) Failure to Comply. Failure to comply with all terms of this Chapter during the term of revocation, suspension, or non- renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non- renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or non- renewal specified in the City Council's written decision or in Section 1009.50, subd 6. 1009.51. No Retaliation. No licensee shall evict, threaten to evict, or take any other punitive action against any tenant by reason of good faith calls made by such tenant to law enforcement agencies relating to criminal activity, suspected criminal activity, suspicious occurrences, or public safety concerns. This Section shall not prohibit the eviction of tenants from a dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules, regulations or lease terms other than a prohibition against contacting law enforcement agencies. 1009.52. Recycling Services Required. Owners of multiple dwellings licensed under this Article must provide recycling collection services to all residents of the dwelling. Such collection services must include acceptance of all materials designated as recyclable. Licensees must ensure that all recyclables are delivered to a recycling facility for the purpose of recycling. Licensees must provide information regarding recycling collection services as required by the City. 1009.60 Key Boxes. Security Devices 21 (1) Purpose. In cases of fire, medical or public safety emergencies, it is vital that police officers be able to gain access to locked areas of multiple dwelling buildings whether or not a caretaker is present. In an emergency response situation there is insufficient time to locate a person serving as a key holder. Use of key boxes will minimize the damage to doors and windows and provide a more efficient means of emergency access to locked buildings by public safety personnel, thereby enhancing the safety and security of the building's occupants. (2) Requirements. Where access to a multiple dwelling building is restricted because of secured entrances, the Department of Public Safety is authorized to require a key box to be properly installed and maintained in an accessible location as close as possible to the main entrance door. The key box must not be located at a height over six (6) feet above the finished grade but high enough to prevent water and snow from entering or blocking it. The key box installation must be approved by the Department of Public Safety. The key box shall be of an approved type and shall contain keys to gain access as required by the Director of Public Safety. Effective Date 1009.70. Effective Date and Enforcement. The provisions of this Chapter shall be effective thirty (30) days after publication for all new construction. All existing buildings within the City to which this Chapter applies must be in compliance with its terms within six (6) months of its effective date. 22 • ' Z061 • • .:.....::.. • .14 Amami; 4 4444,'W ri al? 1:3331.3.if 3 wet 3 fl natta, x arzt, a CD r awaNsara EIMOVael • • • AGENDA ITEM 4B STAFF ORIGINATOR: David J. Pecchia, Public Safety Director CC MEETING DATE: August 13, 2007 TOPIC: Resolution No. 07 -120 Summary of Ordinance 08 -07 for publication Crime Free Housing Code Ordinance VOTE REQUIRED: 4/5 BACKGROUND The first reading of Ordinance 08 -07 amending the Lino Lakes Code of Ordinances by adding a new Chapter 1009 Related to Housing Maintenance (Crime Free Housing Code) was approved by the City Council at the July 23, 2007 regular meeting. The second reading is to be considered at the August 13, 2007 regular meeting. Due to the length of this ordinance it is necessary for the city to approve a summary of the ordinance for publication purposes. Attached to this report is the summary created by city staff. ATTACHMENTS 1. Resolution 07 -120 — Summary of Ordinance 08 -07 for publication. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -120 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 08 -07 FOR PUBLICATION WHEREAS, the City Council has approved first and second reading of Ordinance No. 08 -07, amending the Lino Lakes Code of Ordinances by adding a new Chapter 1009 related to Housing Maintenance (Crime Free Housing Code); and WHEREAS, Ordinance No. 08 -07 is lengthy and MN Statute 412.191 provides for a city to publish a summary of an ordinance, and WHEREAS, the City Council determines that the summary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall, NOW, THEREFORE BE IT RESOLVED THAT the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Passed by the Lino Lakes City Council this 13th day of August 2007. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • ATTACHMENT A, RESOLUTION 07 -120 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 08 -07 AN ORDINANCE AMENDING THE CITY CODE BY ADDING A NEW CHAPTER 1009 RELATED TO HOUSING MAINTENANCE CODE (CRIME FREE HOUSING CODE) The purpose of the addition of Chapter 1009 is to establish rental housing licensing regulations and a Safer Tenants and Rental Program (STAR). The new chapter contains the following: Section General Conditions 1009.01 Scope of Chapter 1009.02 Assurance of Rental Housing 1009.03 Pre - Existing Dwellings and Multiple Dwellings 1009.04 Definitions 1009.05 Enforcement Officer 1009.06 Inspection of Dwelling 1009.07 Annual Inspections of Multiple Dwellings 1009.08 Access by Owner of Multiple Dwellings 1009.09 Notice of Violation 1009.20 1009.21 1009.22 1009.23 1009.24 1009.25 1009.26 1009.27 1009.28 Minimum Standards Exterior Property Areas Exterior of Structures Interior Structures Basic Facilities Installation and Maintenance Light and Ventilation Fire Safety Occupant Responsibilities Rooming Houses 1009.40 Required 1009.41 Application 1009.42 License Fees 1009.43 License Issuance Licenses — 4Ic • 1009.44 1009.45 1009.46 1009.47 1009.48 1009.49 1009.50 1009.51 1009.52 Posting of License Renewal of License Transfer of License Provisional License Manager Certification Conduct on Licensed Premises Suspension, Revocation, Denial and Non - Renewal of License No Retaliation Recycling Services Required 1009.60 Key Boxes Security Devices Effective Date 1009.70 Effective Date and Enforcement Passed by the Lino Lakes City Council on August 13, 2007. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. • AGENDA ITEM 6Ai STAFF ORIGINATOR: Mary Alice Divine DATE: August 13, 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. 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). Phase I Development Agreement Since the first reading of the ordinance, language changes have been made in Section 35(a): Special Provisions Relating to the Development, to read " 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 withheld#. ". Sale Price of City Land The purchase offer is $830,000, with some adjustment that will be calculated for an existing storm water pond for Lake Drive. 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 land 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, Bik 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. 11. The city council of the City authorizes execution of the Purchase Agreement by the Mayor and Clerk after the effective date of this ordinance Furthermore, the mayor and city clerk are hereby authorized and directed to execute any other documents as may be necessary in order to sell the Property. Proceeds from the sale of the Property shall be used in accordance with the requirements of the city charter. This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with section 3.09 of the city charter. John Bergeson, Mayor ATTEST: Julie Bartell, City Clerk • • • 5/14/07 DA Draft 05/16/07 JLT 05/17/07 JLT 06/06/07 6/16/07 DA 6/25/07 DA 7/16/07 Mary Alice Divine 8/13/07 (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: (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 - 2 - - 5 5 - • • • • • • suffered any act or thing whereby the Subject Property or any part thereof or Purchaser, if it should acquire the Subject Property, may now or hereafter be charged or encumbered. (b) Seller has full right and authority to execute and deliver this Agreement and all documents and instruments required hereunder to be executed and delivered by Seller. (c) Seller has no actual knowledge of any generation, transportation, treatment, storage, disposal or release in or on the Subject Property by third parties, and Seller has not caused or permitted any generation, transportation, treatment, storage, disposal or release in or on the Subject Property (or in or on any other Property adjacent thereto which is or has been owned by Seller), of any so -called hazardous substances, residues or wastes (including specifically petroleum and related hydrocarbons and their byproducts, asbestos, and polychlorinated biphenyls) which are subject to Federal, State or local laws, rules, regulations, ordinances or other regulatory requirements (hereinafter called "Regulated Substances "), and Seller has no actual knowledge of any Regulated Substances on or off the Subject Property (or any other property adjacent thereto owned or formerly owned by Seller) which may support a claim or cause of action against the Subject Property or any owner thereof, whether by a governmental agency or body, private party or individual, under the environmental laws of the State of Minnesota or any other Federal, State or local environmental statutes, regulations, ordinances or regulatory requirements. The foregoing representations exclude all matters described in the environmental reports and correspondence listed on Exhibit F attached hereto. (d) Seller knows of no actual or pending litigation or claim which might adversely affect the Subject Property or its owner, as owner. (e) Neither the entering into of this Agreement nor the consummation of the transaction contemplated hereby will constitute or result in a violation or breach by Seller of any judgment or decree issued against or imposed upon Seller, or of any agreement to which Seller is a party or which binds the Subject Property, and, to the best of Seller's knowledge, will not violate any applicable law or regulation of any governmental authority. Further, to the best of Seller's knowledge, there is no action, suit, proceeding or investigation pending which would become a cloud on the title to the Subject Property or any portion thereof, or which questions the validity or enforceability of the transaction contemplated by this Agreement or any action taken pursuant hereto, in any court or by any federal, district, county or municipal department, commission, board, bureau, agency or other governmental instrumentality. (f) Seller has no knowledge of any existing or alleged violation of law, municipal ordinance or other legal requirements of governmental authorities in respect to the Subject Property. (g) To the best of Seller's knowledge, there are no underground storage tanks on the Subject Property and all underground tanks previously located on the Subject Property have been removed from the Subject Property in accordance with all applicable laws, ordinances and regulations and all required certificates of closure and completion have been issued. (h) Seller is neither a "foreign person" nor a "foreign corporation" (as those terms are defined in Section 1445 of the Internal Revenue Code of 1986, as amended). (i) To the best of Seller's knowledge, there are no wells or private sewage disposal or septic systems on the Subject Property. (j) Neither Seller nor any of its agents or affiliates has appealed any real estate tax or assessment payable in respect to the Subject Property and has made no commitments or agreements with any taxing authorities in respect thereto relating to assessments payable for any year subsequent to 2006. (k) To the best of Seller's knowledge, no environmental reports have been made or prepared in connection with the Subject Property or adjacent properties owned or previously owned by Seller or its affiliates, nor does any environmental correspondence exist with any governmental agencies in respect to the Subject Property except those certain reports and correspondence listed on Exhibit F attached hereto, true and correct copies of which Seller has delivered to Purchaser. (1) To the best of Seller's knowledge, there are no tenants, persons or entities occupying any portion of the Subject Property and no claim exists against any portion of the Subject Property by reason of adverse possession or prescription. (m) Seller has not: (i) made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by Seller's creditors, (iii) suffered the appointment of a receiver to take possession of all, or substantially all, of Seller's assets, (iv) suffered the attachment or other judicial seizure of all, or substantially all, of Seller's assets, (v) admitted in writing its inability to pay its debts as they become due, or (vi) made an offer of settlement, extension or compensation to its creditors generally; and no attachments, assignments for the benefit of creditors, or insolvency, bankruptcy, reorganization, execution or other proceedings are pending or, to the best of Seller's knowledge, threatened against -4- - 5 7 - • • • • 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 -58- 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, - 6 - - 5 9 - • • • • 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 /Survev/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 0 - Title Company also indicates its requirements to provide extended coverage over the standard exceptions for survey, parties in possession, and mechanics' liens and a zoning endorsement (Form 3.0), and indicating that use under zoning regulations for purposes contemplated by Purchaser is permitted with associated parking, an access endorsement insuring access from all adjacent roadways, a "gap" endorsement, an ALTA Owner's Comprehensive endorsement, an endorsement insuring against all levied and pending special assessments against the Subject Property, a so- called "Sears" endorsement in the form attached hereto as Exhibit C and made a part hereof, and a subdivision endorsement insuring that the Subject Property is a separate parcel of real estate. Such commitment shall also include copies of all recorded documents referred to in the commitment. Purchaser shall be allowed until the date thirty (30) days after receipt of both the commitment and the survey described below for examination of title and survey and the making of any objections thereto, said objections to be made in writing or deemed waived. For purposes of this Agreement, Permitted Encumbrances shall not be title objections. If any objections are so made, Seller shall be allowed thirty (30) days after the notice of objection to make such title marketable, and Seller shall use commercially reasonable effort to do so. Seller shall pay off and satisfy of record any monetary and mechanic's liens and mortgages against the Subject Property at Closing. If title and survey objections are not cured and title is not made marketable all on or before the end of the thirty (30) day period above described, Purchaser shall by notice to Seller either: (a) Declare this Agreement null and void, and, in such event, Purchaser shall be entitled to a refund of all of the initial Earnest Money Deposit; or • • • • • • (b) Waive any defects in title, and, in such event, proceed to close the transaction contemplated by this Agreement, subject to the terms, covenants and conditions herein. If such objections are cured or waived and the title to the Subject Property is marketable or is made marketable as above provided, and Purchaser defaults in any of the agreements on its part to be performed under this Agreement, and continues in default for a period of thirty (30) days after written notice thereof is given to Purchaser by Seller, then Seller shall have the remedies described in Paragraph 13 hereof. At Closing, Seller shall cause the commitment to be endorsed to update the effective date through the date of recording, to delete the standard exceptions, and to show Purchaser as fee owner of the Subject Property. Further, Seller shall secure (at Seller's sole cost and expense) and deliver to Purchaser on or before the date thirty (30) days after the date of this Agreement a current survey of the Subject Property (herein called the "Survey ") prepared by a surveyor licensed in the State of Minnesota and reasonably selected by Seller, certified to Seller, Purchaser and Title Company and Purchaser's lender, if any, in a manner satisfactory to Purchaser, by such surveyor as being true, accurate and having been prepared in accordance with the current minimum detail for an Urban Land Title Survey jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping, and setting forth: (i) the legal description of the Subject Property; (ii) the location of all improvements thereon; (iii) all boundaries, courses and dimensions of the Land, and the dimensions of said improvements; (iv) all easements, building lines, curb cuts, parking, loading areas, sewage, water, electricity, gas and other utility facilities (together with the recording information concerning the documents creating any easements and building lines); (v) roads and means of ingress and egress to and from the Subject Property to all public roadways; (vi) the gross and "net" square footage of the Subject Property; - 9 - - 6 2 - 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 • • • • • waived by Purchaser (herein called the "Date of Closing "). Notwithstanding the foregoing, if the conditions herein have not been satisfied, Purchaser may (at its option) extend the said latest Closing Date and all of the condition periods and dates set forth in Paragraph 10 hereof by one (1) period of one (1) month by giving written notice of such election to Seller and for such additional time as may be agreed between Seller and Purchaser. Seller's consent to such extension shall not unreasonably be withheld. Notice for such extension will be sent to Seller prior to the then applicable latest Closing Date. 8. Documents to be Delivered at Closing. At Closing, Seller shall deliver to Purchaser: (i) Warranty Deed conveying to Purchaser fee title to the Subject Property, subject only to Permitted Encumbrances and such Deed shall contain a representation by Seller that Seller does not know of any wells on the Subject Property; (ii) "FIRPTA" affidavit in the form of Exhibit D attached hereto and made a part hereof; (iii) Seller's Affidavit in the form of Exhibit E attached hereto and made a part hereof, and such affidavits or security as may be required by Title Company to delete those standard exceptions to the title commitment relating to rights of parties in possession and mechanic's liens; (iv) Intentionally Deleted. (v) Such other documents and instruments as may reasonably be required to carry out the terms of this Agreement. (vi) Intentionally Deleted. (vii) Such payments, indemnities, deposits, or security as the Title Company may require to insure over (in form and substance acceptable to Purchaser) all levied and pending special assessments as of Closing including, but not limited to, those arising out of any subdivision of the Subject Property and the Land and improvements constructed in connection therewith, all except special assessments, if any, which are, pursuant to the terms herein, to be specifically assumed by or paid by Purchaser. (viii) A Taxpayer Identification Number Certificate as required by Title Company. (ix) Such documents evidencing the legal status, good standing and authority of Seller that may be required by Title Company for issuance of the Title Policy. Seller shall also deliver to Purchaser at Closing a confirmation of all representations and warranties herein as of the Date of Closing. Seller shall have no liability for failure to reconfirm warranties if Seller, in good faith, believes such warranties not to be true as of the Date of Closing and provide to Purchaser all information as to why such warranties are not true; provided, however, nothing shall release Seller from liability for representations or warranties made herein prior to the Date of Closing. Purchaser shall deliver to Seller the following instruments and documents: (a) The payments to be paid herein by Purchaser. (b) Such other documents and instruments as may reasonably be required to carry out the terms of this Agreement. At Closing, Seller and Purchaser shall jointly deliver a closing statement to each other, and Purchaser shall provide the certificate of real estate value, if any is required in connection with the filing of said Warranty Deed. 9. Matters to Take Place Prior to Closing. Prior to the Date of Closing, the following shall take place: (a) Purchaser shall have the right to survey, inspect and to take soil borings or tests for Regulated Substances at Purchaser's sole risk, cost and expense in order to determine the characteristics of the Subject Property. Purchaser shall pay all costs of such survey, inspection, soil borings and tests. Subject to the above, Purchaser may enter upon the Subject Property prior to the Date of Closing for purposes of examination, survey, and inspection and taking • • • • of soil borings or tests. Purchaser hereby agrees to defend, indemnify and save Seller harmless from all liability and expense (including reasonable attorney's fees) in connection with all claims, suits, actions of every name, kind and description brought against Seller, its agents or employees by any person or entity as a result of or on account of actual or alleged injuries or damages to persons, or property received or sustained or alleged to have been received or sustained as a result of the acts or omissions of Purchaser, its agents or employees in exercising its rights under the right of entry granted herein unless and except to the extent the same arise out of the negligence or wrongful act of Seller, its agents, employees and contractors. (b) As a condition for the benefit of Purchaser, Purchaser shall reach agreement with City and other agencies and other persons or entities having jurisdiction or control rights over the Subject Property on terms and conditions acceptable to Purchaser relating to the construction of private and public improvements necessary for the construction and operation of improvements having a configuration and design acceptable to Purchaser (hereinafter called the "Proposed Facility "). (c) As a condition for the benefit of Purchaser, Purchaser shall obtain all approvals and permits from governmental authorities having jurisdiction over the Subject Property and/or the Proposed Facility deemed necessary by Purchaser to permit the development, construction, use and operation of the Proposed Facility in the manner contemplated by Purchaser, which approvals shall be obtained at Purchaser's expense. Seller shall cooperate with Purchaser in obtaining such approvals, but shall not be obligated to assume any cost or liability in connection with the same, except as otherwise provided herein. (d) Purchaser shall have received confirmation acceptable to it that the Subject Property is served by adequate utilities to service the Proposed Facility and other full build out of the Subject Property and that the Proposed Facility (with appropriate parking areas and setbacks) is a permitted use in the zoning classification pertaining to the Land or that a conditional use permit has been issued in form satisfactory to Purchaser. (e) All necessary approvals and permits, if any, for subdivision or replatting of the Land either alone or together with property adjacent to the Subject Property shall have been issued in a form acceptable to Purchaser and any rezoning approvals deemed necessary by Purchaser shall have been issued and Purchaser shall have entered into a development agreement if required by governmental authorities, acceptable to Purchaser with the City of Lino Lakes. (f) Purchaser shall have negotiated and executed a binding purchase • agreement (with all contingencies, which Purchaser deems necessary, having been satisfied) as to land adjacent to the Land on terms and conditions acceptable to Purchaser. Seller shall take all reasonable and appropriate effort to reasonably cooperate with Purchaser to satisfy the conditions above. 10. Condition Allowing Termination by Purchaser. If any of the following conditions (which shall be for Purchaser's benefit and may be waived by Purchaser) occur: (a) Purchaser in its sole discretion disapproves, on or before the date ninety (90) days after the date of this Agreement, the condition of the soil, title, survey or environmental issues relating to the Subject Property or its potential found or determined to exist, as deemed appropriate by Purchaser, in respect to the Subject Property whether found during its due diligence effort or otherwise; or Purchaser determines that utilities, including electricity, storm sewer, sanitary sewer, gas and water utilities do not exist or are insufficient in capacity to serve the Proposed Facility and other full build -out of the Subject Property under current zoning relating to the Subject Property; or (b) Purchaser, in its sole discretion, cannot reach agreement with City of other agencies or persons or entities on or before the date ninety (90) days after the date of this Agreement, on the terms and conditions relating to the construction referred to in Paragraph 9(b); or (c) Purchaser fails to obtain all those approvals and confirmations and permits or fails to enter into the agreements described in Subparagraphs 9(c), 9(d) and 9(e) hereof on or before the date ninety (90) days after the date of this Agreement; or (d) Seller fails to reconfirm all representations and warranties made by Seller and contained herein as of the Date of Closing, or any of those representations or warranties are found to be untrue on or before the Date of Closing; or (e) Seller is in default under its covenants and agreements herein and Seller continues in default for a period of five (5) days after written notice of such default from Purchaser to Seller; or (f) Purchaser is unable on or before the date ninety (90) days after the date of this Agreement, to obtain an executed purchase agreement for land adjacent to the Land on terms and conditions acceptable to Purchaser and with all contingencies satisfied; • • • • • then, and in any such event, Purchaser shall have the right to terminate this Agreement by written notice to Seller given on or before the date ten (10) days after the end of the applicable contingency period (as it may have been extended), and on such termination all payments received by Seller pursuant to this Agreement together with accrued interest shall be paid by Seller to Purchaser; provided, however, if termination occurs after such date, all of the initial Earnest Money Deposit shall be retained by Seller (subject to the provisions of Paragraphs 5, 13, and 24 hereof). 11. Brokerage Fees. Purchaser and Seller each represent and warrant to the other that they have not incurred any obligation or liability, contingent or otherwise, for brokerage or finder's fee or agent's commissions or other like payment in connection with this Agreement or the transaction contemplated hereby, and Purchaser and Seller each agree to indemnify, defend and hold the other harmless against and in respect of any such obligation and liability based in any way upon any other agreements, arrangements or understandings made or claimed to have been made by the indemnifying 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 Deed Tax and the cost of furnishing a title commitment to Purchaser in the manner required by the provisions of Paragraph 5 hereof, and Purchaser shall pay for the cost of any policy and all endorsements (except affidavits referred to in Paragraph 8(iii)) issued in connection therewith. (e) (Intentionally Deleted) (f) Seller and Purchaser shall each pay one -half (1/2) of any closing fee required by Title Company to close the transaction contemplated by this Agreement. (g) Seller and Purchaser shall each pay all of the costs and fees charged by their respective legal counsel. (h) Except for those items to be prorated as hereinafter set forth and obligations specifically assumed by Purchaser, Seller shall be solely liable for the payment of all costs and expenses, liabilities, obligations and claims arising out of the ownership, management, maintenance or operation of the Subject Property accruing prior to the Date of Closing; and Seller hereby agrees to defend, indemnify and hold Purchaser forever harmless therefrom. (i) Seller shall pay any deferred charges or taxes in respect to the Land as of Closing. Further, Seller shall pay all levied, pending or deferred charges or assessments arising out of public improvements authorized or installed prior to Closing by the City of Lino Lakes. • • • • such notice is personally delivered or delivered by overnight courier service, or on the day such notice is mailed, if mailed in accordance with this section. 15. Continued Enforceability of Provisions. Any covenants contained herein that are not completed or satisfied prior to the Date of Closing shall continue in full force and effect in accordance with their terms subsequent to the Date of Closing and shall not merge in the Closing documents. All representations and warranties shall survive Closing and shall not merge in the Closing documents. Any conditions to Closing shall be deemed waived at Closing unless otherwise agreed in writing contemporaneous with Closing. 16. Entire Agreement: Amendments. This Agreement constitutes the entire agreement between the parties and no other agreements prior to this Agreement or contemporaneous herewith (except written contemporaneous agreements) shall be effective except as expressly set forth or incorporated herein. Neither Seller nor Purchaser shall be bound by, or be liable for, any other warranties or other representations made by any person, partnership, corporation or other entity unless such other warranties or representations are set forth in a written instrument duly executed by such respective party subsequent to the date hereof. Purchaser acknowledges to Seller that, in entering into this Agreement, Purchaser is not relying on any representations or warranties except those expressly set forth herein or in other Closing documents. Any purported amendment hereto shall not be effective unless it shall be set forth in writing and executed by the parties hereto, or their respective successors or assigns. 17. Binding Effect; Assignment; Waiver. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns; provided, however, neither Purchaser nor Seller shall be released from its liability hereunder and the applicable assignee shall expressly assume in writing the obligations of its assignor thereunder in a form reasonably acceptable to the other party. Notwithstanding the foregoing, Purchaser may assign this Agreement prior to or contemporaneous with Closing or designate any third party to take title at Closing; provided, however, no such assignment or designation shall release Purchaser from liability hereunder. No waiver of any provision of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. Purchaser may designate a nominee to take title to the Subject Property and to receive all assignments and transfers to be provided by Seller to Purchaser herein. 18. Rules of Interpretation. (a) This Agreement shall be interpreted and governed by the laws of the State of Minnesota. (b) The headings of paragraphs and sections contained herein are for convenience only and in no way define, limit or describe the scope or intent of this Agreement. (c) Time shall be of the essence of this contract. (d) Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 19. Exhibits. The following exhibits are attached hereto and made a part hereof: Exhibit A: Legal Description Exhibit B: Permitted Encumbrances Exhibit C: Form of "Sears" Endorsement Exhibit D: FIRPTA Affidavit Exhibit E: Seller's Affidavit • • • • • Exhibit F: List of Environmental Reports and Correspondence Exhibit G: Personal Property and Equipment to be removed by Seller prior to Closing Exhibit H: Development Plan 20. Seller's Restrictions. From and after the date hereof, and except as herein expressly provided, Seller shall not directly or indirectly: (i) make any alterations or changes in or about the Subject Property; (ii) create or incur or permit to exist any mortgage, lien, pledge or other encumbrance not presently in existence in any way affecting the Subject Property or any refinancing thereof or replacement, extension or renewal thereof other than liens, pledges, or encumbrances which do not prevent or interfere with Purchaser's rights herein, and other than the lien of unpaid real estate taxes; (iii) commit any waste or nuisance on the Subject Property; (iv) convey any interest in the Subject Property; or (v) advertise or take affirmative steps to market or sell or negotiate or carry on discussions for the sale of the Subject Property to any third party. 21. (Intentionally Deleted) 22. Relationship. Nothing contained in this Agreement shall constitute or be construed to be or create a partnership, joint venture or any other relationship between Seller and Purchaser other than the relationship of a buyer and seller of real or personal property as set forth in this Agreement. 23. Exhibits/Modifications. All exhibits attached hereto contain additional terms of this Agreement. Typewritten or handwritten provisions inserted in this form or attached hereto shall control all printed provisions in conflict therewith. 24. Condemnation or Eminent Domain. In the event of any condemnation or eminent domain proceedings for any public or quasi- public purposes at any time prior to Closing resulting in the taking or proposed taking of any part or all of the Subject Property, Purchaser shall have the option (i) to cancel this Agreement, in which event the Earnest Money Deposit shall be promptly refunded to Purchaser, and upon such delivery, this Agreement shall be of no further force or effect, or (ii) to close the transaction contemplated by this Agreement, in which event the purchase price shall not be abated, provided, however, Seller shall assign to Purchaser and Purchaser shall be entitled to the entire award payable in respect to such taking. 25. Captions and Paragraph Headings. The captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Agreement, nor the intent of any provisions hereof. 26. Attorneys' Fees. If either Seller or Purchaser files any action or brings any proceeding against the other arising out of this Agreement, or is made a party to any action or proceeding brought by a third party arising out of this Agreement without fault of the defending party, then as between Seller and Purchaser, the prevailing party in any such action or proceeding shall be entitled to recover, as an element of its costs of suit and not as damages, reasonable attorneys' fees to be fixed by the court. 27. Delivery of 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 my 3 , 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 issimnce 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. Termination of Agreement. In the event of termination of this Agreement without Closing, Seller may, at Seller's option, if exercised in writing within ten (10) days of the date of termination, purchase from Purchaser and, in the event of such exercise, Purchaser shall convey to Seller all of Seller's rights in and to all consultant's reports and surveys and other due diligence material which Purchaser has caused to be prepared in connection with the transaction contemplated hereby (including, but not limited to, surveys and geotechnical, and environmental reports) and Seller shall pay upon deliver of such items Purchaser's actual out -of- pocket cost thereof. Transfer and payment shall occur within thirty (30) days after termination of this Agreement. 34. Anti- Terrorism Representation. a. Seller represents and warrants to Purchaser as follows: 1. Seller is not in violation of any laws relating to terrorism or money laundering ( "Anti- Terrorism Laws "), including Executive Order No. 13224 on Terrorist Financing, effective September 24, 2001 (the "Executive Order "), and • • • • the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107 -56. • • 2. The Seller or, to the knowledge of the Seller, none of its agents acting or benefiting in any capacity in connection with the transaction, is any of the following: (a) Person or entity that is listed in the annex to, or is otherwise subject to the provisions of, the Executive Order; (b) Person or entity owner or controlled by, or acting for or on behalf of, any Person or entity that is listed in the annex to, or is otherwise subject to the provisions of, the Executive Order; (c) Person or entity with which Seller is prohibited from dealing or otherwise engaging in any transaction by any Anti- Terrorism Law; (d) Person or entity that commits, threatens or conspires to commit or supports "terrorism" as defined in the Executive Order; or (e) Person or entity that is named as a "specially designated national and blocked person" on the most current list published by the U.S. Treasury Department Office of Foreign Asset Control at its official website or any replacement website or other replacement official publication of such List. 3. The Seller or, to the knowledge of Seller, any of its agents acting in any capacity in connection with the transaction does not (i) conduct any business or engage in making or receiving any contribution of funds, goods or services to or for the benefit of any Person described above, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to the Executive Order, or (iii) engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti- Terrorism Law. b. Purchaser represents and warrants to Seller as follows: 1. Purchaser is not in violation of any laws relating to terrorism or money laundering ( "Anti- Terrorism Laws "), including Executive Order No. 13224 on Terrorist Financing, effective September 24, 2001 (the "Executive Order "), and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107- 56. 2. The Purchaser or, to the knowledge of the Purchaser, none of its agents acting or benefiting in any capacity in connection with the transaction, is any of the following: (a) Person or entity that is listed in the annex to, or is otherwise subject to the provisions of, the Executive Order; (b) Person or entity owner or controlled by, or acting for or on behalf of, any Person or entity that is listed in the annex to, or is otherwise subject to the provisions of, the Executive Order; (c) Person or entity with which Purchaser is prohibited from dealing or otherwise engaging in any transaction by any Anti- Terrorism Law; (d) Person or entity that commits, threatens or conspires to commit or supports "terrorism" as defined in the Executive Order; or (e) Person or entity that is named as a "specially designated national and blocked person" on the most current list published by the U.S. Treasury Department Office of Foreign Asset Control at its official website or any replacement website or other replacement official publication of such list. 3. The Purchaser or, to the knowledge of Purchaser, any of its agents acting in any capacity in connection with the transaction does not (i) conduct any business or engage in making or receiving any contribution of funds, goods or services to or for the benefit of any Person described above, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to the Executive Order, or (iii) engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti- Terrorism Law. 35. Special Provisions Relating to Development. (a) When Purchaser constructs building improvements on the Subject Property, Purchaser shall construct such improvements in substantial conformance with the Development Plan (Exhibit HE) 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. - 26 - - 7 7 - • • • • (b) At Closing the parties agree that the Subject Property will be conveyed subject to a restriction that the Subject Property will not be used for purposes of: (i) A stand -alone fast food restaurant with drive - through window; (ii) A gas station or auto repair or service facility. (iii) An abortion clinic IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year first above written. SELLER: PURCHASER: CITY OF LINO LAKES GREG ANDERSON DEVELOPMENT, LLC By: By: Its: Its: • • EXHIBIT A Legal Description Lots 12, 13 and 14, Block 2, Carol's Estates Second Addition, Anoka County, Minnesota • • • • • EXHIBIT B 1. Building, zoning and subdivision ordinances, state and federal regulations. 2. Real estate taxes not yet due and payable. 3. Other encumbrances to title shown on the Commitment not objected to or waived by Purchaser. EXHIBIT C TITLE INSURANCE COMPANY ENDORSEMENT To be attached to and become a part of Policy No. of Title Insurance Company. The Company agrees that if (1) within one year after the completion of the improvements on the land or (2) within five years after the date of this policy, whichever first occurs, application is made to increase the face amount of the policy and/or to issue a new policy to the then insured under the policy, and/or to issue a policy to such mortgagee(s), trustee(s) under deed(s) of trust, beneficiary(ies) of deed(s) of trust, parties to sale and leaseback or other types of financial transactions (hereinafter severally and collectively, as indicated by the context, referred to as "Lending Institutions(s) ") as may be designated by the present insured or the then Insured under the policy, it will issue additional title insurance coverage insuring the title as insured in the policy and raising the coverage limits herein to an amount not to exceed the value of the land and the improvements constructed thereon on the date of said application, provided the Company may then extend its examination of the title to the then current date and, subject to such matters, if any, created by the insured or any successor in interest from the insured first appearing in the public records subject to the effective date of this policy and not insured against in the policy, will increase its liability to the requested amount upon payment of its usual charges for such additional insurance coverage; and further provided, however, that the Company 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 • • • EXHIBIT F 1. None • • ENVIRONMENTAL REPORTS AND CORRESPONDENCE EXHIBIT G PERSONAL PROPERTY AND EQUIPMENT TO BE REMOVED BY SELLER PRIOR TO CLOSING 1. None • • • • • • OBIT H Di:vtd- OPMENT PLAN Conceptual Depiction of Redevelopment Project 011 STAFF ORIGINATOR: AGENDA ITEM 6Aii Mary Alice Divine DATE: August 13, 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 and 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 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 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. 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. Concept of Future Development (Exhibit C) - 8 9 - • • • 41) its adoption: Council Member introduced the following resolution and moved • 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 13th day of August, 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 "): WITNES SETH: WHEREAS, the Developer currently controls certain property which is described in Exhibit A hereto (the "Property"); and WHEREAS, the City desires to initiate a Right -of -way realignment project conceptually depicted on Exhibit B hereto (the "Realignment Project ") and promote redevelopment of the Property; and WHEREAS, the Developer has proposed to transfer a portion of the Property needed for the Realignment Project and redevelop the Property for commercial /retail purposes as conceptually depicted as Exhibit C hereto (the "Redevelopment Project "); and WHEREAS, if undertaken and completed, the Realignment Project and Redevelopment Project together would help meet the City's goal of installing efficient and functional infrastructure, increasing the local commercial tax base, providing increased employment and services in the city and meeting the physical development goals of the City. NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and obligations set forth herein, the parties agree as follows: A. Actions to be taken by City and Developer. The City and Developer will complete the following items within the time durations provided herein: (1) By September 15th, 2007, the City will complete a preliminary feasibility study of the Realignment Project. The study shall detail the area and dimensions of the Property necessary for the Realignment Project, and the total estimated cost of the Realignment Project inclusive of all design, engineering, right -of way acquisition, permitting, legal, administrative and construction costs associated with the Realignment Project; (2) By October 1st, 2007, the Developer shall submit a conceptual site plan for the Property, depicting the intended Redevelopment Project to be undertaken by the Developer, (3) By November 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 3 - • • • • • (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. 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 5 - • • • • EXHIBIT A Description of Property Lot 3, Auditors Subdivision 134, Anoka County, MN Lot 4, Auditors Subdivision 134, Anoka County, MN 5 _96 EXHIBIT B Conceptual Depiction of Realignment Project 6 - 9 7 - • TVRT 1;2 TT r Realigned Stre PINECREST AT 77th Phase 1 Clinic/Retail Access / / Shared Parking / / A cress Future Development / Mixed Use 1 4b1 la • aiTS A / !NI / Shared ; / Parking /4112 z7:7 fis,;:7 Quality Design ( Access Right—at/Right—Out / No L t\ 1x _w LSE ,Ze-VE-4ZPMFT - 98 - Architectural Theme Cohesive Development ANDERSON BUILDERS • Mohagen Hansen Architectural Group EXHIBIT D Form of Special Assessment Agreement AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of , 200, between the City of Lino Lakes, Minnesota, a municipal corporation, (the "City ") and Greg Anderson Development, LLC, a Minnesota limited liability company (the "Owner "). A. The Owner holds legal and equitable title to property described as , Anoka County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The owner desires to develop the Property in a manner to require use of the Realigned 77th Street (hereafter referred to as the "Improvement "). C. The parties hereto desire to enter into an Agreement concerning the financing of the connection of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against in the amount of $ for the Improvements. 2. The City's assessment records for the Property will show the assessments as a "pending assessment" until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the connection of the Property to the Improvements exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. The assessments levied against the Property shall be due and payable in installments, the first of which shall be payable commencing with the ad valorem taxes due and payable in 200_. The assessment shall bear interest at the rate of % per annum in accordance with Minnesota Statutes Section 429.061. 8 - 9 9 - • • • 6. This agreement shall be effective immediately. 7. This agreement is not subject to termination by the Owner and the Owner waives all right in law and/or equity to terminate this agreement. OWNER CITY OF LINO LAKES a Minnesota Municipal Corporation Greg Anderson Development, LLC By: Its: Mayor By: Its: City Administrator STA'1`E OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 200, by , the Mayor, and , the City Administrator , of the City of Lino Lakes, a Minnesota municipal corporation, on behalf of the corporation. STA I OF MINNESOTA ) ss. COUNTY OF ANOKA Notary Public The foregoing instrument was acknowledged before me this day of 2005, by , the Chief Manager of Greg Anderson Development, LLC. 9 - 1 0 0 - Notary Public • • AGENDA ITEM 6B STAFF ORIGINATOR: Pete Kluegel MEETING DATE: August 13, 2007 TOPIC: First Reading of Ordinance No. 09 -07, Adopting 2007 Minnesota State Building Code VOTE REQUIRED: 3/5 BACKGROUND: The City of Lino Lakes is currently enforcing the 2003 Minnesota State Building Code. The state has recently adopted the 2007 Minnesota State Building Code. To keep current with the latest revision of the state building code as required, it becomes necessary for the City Council to adopt this self - perpetuating ordinance. The State Building Code contains an optional chapter that cities may adopt. This chapter is: Chapter 1306, Special Fire Protection Systems including Option 1306.0020, Subpart 2. Chapter 1306 Chapter 1306 establishes additional requirements for fire sprinkler systems. The Joint Powers Agreement that created the Centennial Fire District requires member cities to adopt the 1306 amendment. The purpose for adopting Chapter 1306 is to provide a higher degree of life safety in our buildings and to hold fire protection costs down in the future. However, there is an option within 1306 that the city must choose. Chapter 1306.0020 requires the adoption of either Subpart 2 or Subpart 3 which determines whether or not existing buildings gets sprinkled when an addition is made. Subpart 2 requires that existing buildings must be sprinkled when an addition is made. Subpart 3 requires that only new buildings or additions to buildings must be sprinkled. The City currently requires that existing buildings be sprinkled when an addition is made. Both City Staff and Centennial Fire District recommend adopting Subpart 2. RECOMMENDATIONS: Staff recommends approval of First Reading of Ordinance No. 09 -07 adopting the 2007 Minnesota State Building Code, including the following Optional Chapter: • Chapter 1306, Special Fire Protection Systems including Option 1306.0020, Subpart 2. ATTACHMENTS 1. Ordinance 09 -07 • • • • • • 1st Reading: Publication: 2 "d Reading: Effective: Council Member moved for adoption of the following ordinance: Ordinance No. 09 -07 AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE. THIS ORDINANCE: PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY REGULATING THE ERECTION, CONS7'KUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF ALL BUILDINGS AND /OR STRUCTURES IN THIS MUNICIPALITY; PROVIDES FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES PENAL 1'lES FOR VIOLATION THEREOF; REPEALS ALL ORDINANCES AND PARTS OF ORDINANCES THAT CONFLICT THEREWITH. THIS ORDINANCE SHALL PERPETUALLY INCLUDE THE MOST CURRENT EDITION OF THE MINNESOTA STATE BUILDING CODE WITH THE EXCEPTION OF THE OPTIONAL APPENDIX CHAPTERS. OPTIONAL APPENDIX CHAPTERS SHALL NOT APPLY UNLESS SPECIFICALLY ADOPTED. The City of Lino Lakes does ordain as follows: Section 1. Codes Adopted by Reference. The Minnesota State Building Code, as adopted by the Commissioner of Labor and Industry pursuant to Minnesota Statutes chapter 16B.59 to 16B.75, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Labor and Industry, through the Building Codes and Standards Unit, is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this ordinance. The Minnesota State Building Code is hereby incorporated in this ordinance as if fully set out hererin. Section 2. Application, Administration, and Enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota State Building Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 16B.62, subdivision 1, when so established by this ordinance. The code enforcement agency of this municipality is called The City of Lino Lakes. This code shall be enforced by the Minnesota Certified Building Official designated by this Municipality to administer the code (Minnesota statute 16B.65) subdivision 1. Section 3. Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes, 16B.62, subdivision 1. Permit fees shall be assessed for work governed by this code in accordance with the city's adopted fee schedule. In Addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota statute 16B.70. Section 4. Violations and Penalties. A violation of this code is a misdemeanor (Minnesota statute 16B.69). Section 5. Building Code Optional Chapters. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B.75 allows the Municipality to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Building Code. The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the building code for this municipality. 1. 1306, Special Fire Protection Systems including Option 1306.0020, Subpart 2; Section 6. Ordinance Self - Perpetuating. This ordinance shall perpetually include the most current edition of the Minnesota State Building Code. Section 7. Repeals. All ordinances and parts of ordinances that conflict therewith are hereby repealed. Section 8. Effective Date of Ordinance. This Ordinance shall take effect upon its passage and publication according to the City Charter. Passed by the Lino Lakes City Council on this 13th day of August 2007. John Bergeson, Mayor Julie Bartell, City Clerk • • • • Adopted by the Lino Lakes City Council this day of , 2007. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. • • • • AGENDA ITEM 6C STAFF ORIGNINATOR: Milo Bennett MEETING DATE: August 13, 2007 TOPIC: First Reading of Ordinance No. 10 -07, Adopting 2007 Minnesota State Fire Code VOTE REQUIRED: 3/5 BACKGROUND: The City of Lino Lakes is currently enforcing the 2003 State Fire Code. The state has recently adopted the 2007 Minnesota State Fire Code. To keep current with the latest revision of the state fire code as required, it becomes necessary for the City Council to adopt this self - perpetuating ordinance RECOMMENDATIONS: Staff recommends approval of First Reading of Ordinance No. 10 -07 adopting the 2007 Minnesota State Fire Code. ATTACI311ENTS 1. Ordinance No. 10 -07 1st Reading: 2"d Reading: Publication: Effective: Council Member moved for adoption of the following ordinance: Ordinance No. 10 -07 • AN ORDINANCE ADOPTING THE MINNESOTA STATE FIRE CODE. THIS ORDINANCE: PROVIDES FOR REGULATING AND GOVERNING THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF LINO LAKES; PROVIDES FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; • PROVIDES PENALTIES FOR VIOLATION THEREOF; REPEALS ALL ORDINANCES AND PARTS OF ORDINANCES THAT CONFLICT THEREWITH. THIS ORDINANCE SHALL PERPETUALLY INCLUDE THE MOST CURRENT EDITION OF THE MINNESOTA STATE FIRE CODE. The City of Lino Lakes does ordain as follows: Section 1. Adoption. The Minnesota State Fire Code, as adopted pursuant to Minnesota Statues, section 299F.011, and as modified by Minnesota Rules, Chapter 7511, shall be applicable within the City of Lino Lakes. Section 2. Definitions. (a.) Whenever the work "jurisdiction" is used in the Minnesota State Fire Code, it shall mean the City of Lino Lakes. (b.) Whenever the term "this code" is used in the Minnesota State Fire Code or this ordinance, it shall mean the code adopted pursuant to this ordinance. Section 3. Application, Administration, and Enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota State Fire Code. (a.) The chief of the Centennial Fire District is authorized to enforce the provisions of the Minnesota State Code and this ordinance. • • • • (b.) The chief of the Centennial Fire District may detail such members of the fire department as may be necessary to administer and enforce the provisions of this ordinance. Section 4. Permits and Fees. The issuance of permits and the collection of fees shall be assessed for work governed by this code in accordance with the city's adopted fee schedule and as set forth in the Minnesota State Fire Code. Section 5. Penalties. A person who violates the provisions of the Minnesota State Fire Code or this ordinance after being given written notice shall be guilty of a misdemeanor. Each day's violation after notice thereof shall constitute a separate offense. Section 6. Ordinance Self - Perpetuating. This ordinance shall perpetually include the most current edition of the Minnesota State Fire Code. Section 7. Repeals. All ordinances and parts of ordinances that conflict therewith are hereby repealed. Section 8. Effective Date of Ordinance. This Ordinance shall take effect upon its passage and publication according to the City Charter. Passed by the Lino Lakes City Council on this 13th day of August 2007. John Bergeson, Mayor Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2007. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. • • • STAFF ORIGINATOR: CC MEETING DATE: TOPIC: BACKGROUND AGENDA ITEM 6D.i Paul Bengtson August 13, 2007 Resolution No. 07 -111 Grandview Preliminary Plat Royal Oaks Realty has requested approval of an 8 lot residential subdivision to be known as Grandview. The subject site includes the outlot east of Gethsemane Church, and the parcel occupied by the parsonage house. The parsonage house lot and the previously granted roadway easement that would connect the Shores of Marshan Lake and Marshan Meadows subdivisions via Stage Coach Trail will both be slightly altered to allow the development of 8 total lots while still meeting all zoning and shoreland ordinance requirements. ANALYSIS The following is a summary of the proposal: Site Area Net Acreage Total Lots Gross Density Net Density 3.76 acres 3.67 acres 8 2.13 units /acre 2.18 units /acre Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area. Location Existing Land Use Guided Land Use Existing Zoning Site Vacant Low Density Sewered Residential R -1 (Single Family Residential) North Residential Low Density Sewered Residential R -2 (Two Family Residential) South Residential Low Density Sewered Residential R -1 (Single Family Residential) East Marshan Lake N/A N/A West House of Worship Public / Semi - Public R -3 (Medium Density Residential) Growth Management, MUSA Reserve: The subject site is currently located within the MUSA boundary area. Growth Management, Units/Year: The table attached to this report shows the status of the staging plans for final platting of new residential units. The seven new units of Grandview would fit within the policy of 147 per year and so could be final platted immediately. Preliminary Plat Shoreland Ordinance: The subject site is adjacent to Marshan Lake, which is considered a Natural Environment Lake and therefore is subject to the more restrictive Shoreland Ordinance Requirements for Lot Dimensions, Impervious Surface Coverage, and Setbacks as listed below: Lot Area Lot Width Impervious Surface Coverage Setback from OHWL Abutting Non- Abutting Abutting Non - Abutting 20000 10800 80 80 30% 150 feet Lots: The lots will vary in depth from 135 feet to 260 feet (along the shoreline), and the widths will range from 80 feet to 86 feet. The lots located along Marshan Lake exceed the shoreland ordinance required 20,000 square feet of upland, and the western lots all exceed the 10,800 square foot R -1 requirement. The parsonage lot will be reduced in size to allow the other three lots west of the proposed street to meet all subdivision standards. Setbacks: The submitted plans depict all required setbacks, including the 150 foot setback from the Ordinary High Water Line as required by the Shoreland Ordinance. This setback is measured to any improvement attached to the single family dwelling, including decks and/or patios. This means that the northeast lot (indicated as Lot 1, Block 2) will be very limited in that regard. Impervious Surface Coverage: The lots will all be required to comply with the 30% Impervious Surface Coverage requirement of the Shoreland Ordinance as they develop. Streets: Stage Coach Trail will extend from the southern border to the northern border connecting The Shores of Marshan Lake and Marshan Meadows. The alignment of the street is proposed to vary slightly from the current easement granted by the church. This was necessitated by the requirement to provide 20,000 square feet of upland for each lot along the shoreline and will allow a seamless connection with the existing rights of way on either side of the project. This proposal will require the approval of an easement vacation that will need to accompany the final plat to the City Council. Conservation Easement: A Conservation Easement was supplied by the developer for Marshan Meadows and it is the city's intention to have this continued along the rest of Marshan Lake with any new development. Several rare species may exist in the area: Forsters' tern, a water nesting bird, and Blanding's turtle; which are on the threatened and endangered species lists. The conservation easement coincides with the drainage and utility easements required by the subdivision ordinance, both being 10 feet beyond the wetland edge. The conservation easement will include additional restrictions such as no mowing or dumping of clippings. There should also be a special packet of educational information supplied to homeowners and monuments at the easement boundary of all lake lots. • • • • • The conservation easement will not prohibit docks, but being that Marshan is a very shallow body of water, the costs would be very high and the likelihood of any docks being constructed is pretty minimal. The changes in water levels would also require dock to be elevated to the extent that wildlife would be able to cross under and possibly even use docks as part of their habitat. Park Dedication: The current subdivision ordinance includes park dedication in the amount of $2075 per residential unit, less any land dedication. There is no land dedication needed, as Marshan Park is nearby. Utilities: Sanitary sewer and water are stubbed to the property line on both the north and the south. The appropriate easements are platted for the connection of the church to the services that will be constructed as part of this plat. These and other issues discussed in the City Engineer review memo must be addressed to his satisfaction. Grading: The grading plan has been reviewed by the City Engineer and his comments will need to be addressed to his satisfaction prior to the site being developed. Environmental Board The Environmental Board reviewed the application on May 30th, there recommendations are attached. RECOMMENDATION Staff is recommending adoption of Resolution 07 -111, approving a preliminary plat for an 8 lot subdivision titled Grandview, subject to the following conditions: 1. All lots in the plat must agree to connect to City utilities. The City will not approve the final plat without legally enforceable assurance that all properties will connect. 2. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 3. A development agreement between the city and the developer must be executed prior to the issuance of any building permits for the site. 4. Park dedication must be paid in accordance with the city's fee schedule. 5. A conservation easement shall be granted over the drainage and utility easement within the lots fronting Marshan Lake. Easement restrictions shall be defined prior to city council approval of the final plat. 6. The Rice Creek Watershed District must review the project prior to building permits being issued by the city for any new construction. • 7. A boulevard tree shall be provided for each lot frontage. 8. The existing roadway easement shall be vacated by the City Council prior to the approval of the final plat. This review is based on the following plans and information: City Engineer Comments dated June 8, 2007 Environmental Board Comments from May 30, 2007 Grandview Plan Packet received May 14, 2007 • • • • • LOTS /UNITS as of June 21, 2007 Development Name approved prelim. plats Phasing plans by year (lots /units to be final platted) 2006 2007 Prelim Plat year end 2002 2003 2004 2005 Stoneybrook 103 51 2nd Addn 0 52 Century Farms North 249 56 65 52 43 33 Keefe: prel plat, not final . plat 1 1 Morton (minor subdiv) 0 1 0 Ravens Hollow 56 0 56 Haley Manor (10 new lots) 10 10 0 Crystal Cove 3 3 0 Millers Crossroads 152 22 47 51 32 Lakeview Estates (2 new) 2 2 Snell (minor subdivision) 0 1 Pheasant Hills Pres. 13th 1 1 Justin's Preserve 1 1 Marshan Estates 4 4 Rice Creek Church duplex 2 2 Rice Church: Oakwood View 10 10 Junes Addn 2 2 Highland Meadows East 2nd 18 18 Marshan Townhomes 2nd 23 Pheasant Hills 12th island 8 8 West Shadow Ponds 2nd Add 1 1 Vaughan Addition 5 5 Angie's Acres (1 new) 1 1 Marshan Lakeview (2 new) 2 2 Marshan Meadows 20 20 Pine Glen 72 40 32 Cavegn (1 new lot) 1 1 Golden Acre (3 new lots) 3 3 Fran's Estate (1 new lot) 1 Cox Estate (1 new lot) 1 1 Grandview 7 new 7 Moon Marsh 3 new 3 total 51 148 176 171 141 77 remaining of annual 147 remaining of 1029 units for pre -2010 -1 -29 -24 6 70 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -111 RESOLUTION APPROVING THE PRELIMINARY PLAT FOR GRANDVIEW WHEREAS, the City has received applications for developing an area known as Grandview; and WHEREAS, the development requires approval of a preliminary plat; and WHEREAS, a public hearing was held before the Planning & Zoning Board on July 11, 2007; and WHEREAS, the proposed plat meets the requirements of the City's Growth Management, Zoning, Shoreland and Subdivision Ordinances; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the preliminary plat for Grandview with the following conditions: 1. All lots in the plat must agree to connect to City utilities. The City will not approve the final plat without legally enforceable assurance that all properties will connect. 2. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 3. A development agreement between the city and the developer must be executed prior to the issuance of any building permits for the site. 4. Park dedication must be paid in accordance with the city's fee schedule. 5. A conservation easement shall be granted over the drainage and utility easement within the lots fronting Marshan Lake. Easement restrictions shall be defined prior to city council approval of the final plat. 6. The Rice Creek Watershed District must review the project prior to building permits being issued by the city for any new construction. 7. A boulevard tree shall be provided for each lot frontage. 8. The existing roadway easement shall be vacated by the City Council prior to the approval of the final plat. 9. This approval is based on the Grandview plan set submitted May 14, 2007. • • • • John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th day of August 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. • • 0 0 0 1.1J 0 z >z £ k00 z 1- LU ILL 2 0 E_ §§ MI k■ ;© 25) 0 §f § k■\ o \§(§ 0 tg 0 3 } || I a / h| 3 333 ||■ ! - ■ ;�§t� ! #§ t`|' :I�|- ,, | - §■ | ||( ;t;||;( §, g 2|| ■ ; ; ; ; ; ; ; ■ ; ; ; ; ■ ; ; ■ ■ ; ; ; ;; | | || | | | |I | | | | | | | | | | | || .,.,aƒ,■,. ,¥. _ ill: I |li| | • • x v 0 in O- ` 0 6 v H ,2 a Zaz Q 555. 11.1 ...:t ` 1 % J,`( I ..: ILL ItJ Q ° I , Lt �% ... -. \ : Z' , #* \ IIW I 1 .'',. , yt W M Mai r -n° - - -- -a i S� ( E / .;% \ o — \ " ad c a go `•,,� W o : I - 117 -Egg �=_ — ` M ce 2 _ _ ,a1' _ --°' 0 Wad — 1 , is U dE. •IiIi or 2 FE ci Qe / ® 5 .. ,,, YF rR '' sa= / � a 2E g ... is .% T. e... • 4 1 IC li c 4 • / G nN Y Jam/ r@ 0 4 KW, Low D.1.11y singh F S'g I ij t: ly 1. Z.w.■ R -1 A‘e g cc _ Bg $1 gag 3 333 Q z° 4 4 i 0 0 W F in Q z. Z. sat Z 50 o H n z' H W g —e \ -118- !—,--#--' ® Eli 1 f> U 2 e s :6 F4 ei II! e_d glikl th it Y fe IOW ansI 105 ra.1, av&aerrawa is1nas un 1110•001101 110•001 iron's 341,11 P .WC .n....r ps i ....ry .P.Papp pommy., '...141.. PPP.w amw:hat INIIMIIMM Ea�!®9B9 ++_r ' ALE Eil 5 C E B m Gr" e —120— s. 6'34 •t% B75' 11 • STONE OEEEEO MITES C 1 11 C M ,- m i s •IS g 1 11 �' 05 it sit .tt1 rs = 1 J .i ..1:1;1./11W '•j ifG�rGErf:l ia' i17l?I11 I8a918 111 II III I I I I Ie®lfiE a a.4 • • • AGENDA ITEM 6Dii STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: August 13, 2007 TOPIC: Resolution No. 07 - 112, Authorizing Execution of a Grading Only Development Contract, Grandview Vote Required: Simple Majority BACKGROUND: The developer, Royal Oaks Realty is requesting to commence grading activities for the Grandview subdivision. The Grandview subdivision consists of eight residential units, one existing and 7 non - existing on a 3.76 acre parcel of property on the East Side of the Gethsemane United Methodist Church. In accordance with the preliminary plat approval and City policy, staff has prepared a Grading Only Development Contract for the Grandview subdivision. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $75,000.00 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 $15,000.00 to reimburse the City for costs incurred by the City related to the development and improvements of the site. Royal Oaks Realty has reviewed the contract and is aware of the conditions set forth. RECOMMENDATION: Staff recommends approving Resolution Number 07 — 112, Authorizing Execution of a Grading Only Development Contract for Grandview. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -112 RESOLUTION AUTHORIZING EXECUTION OF A GRADING ONLY DEVELOPMENT CONTRACT, GRANDVIEW WHEREAS, the City Council approved the preliminary plat of Grandview on August 13, 2007, 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 with Royal Oaks Realty, for Grandview 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 13th day of August, 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) Grandview THIS AGREEMENT made this 13th day of August, 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 Royal Oaks Realty whose address is 4196 Lexington Ave, Shoreview, Minnesota 55126 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 Grandview hereinafter called "Subdivision ", said land is legally described to -wit Tracts B and C, Registered Land Survey No. 182, Anoka County, Minnesota WHEREAS, the Developer has requested approval to commence with site grading activities, and 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 PARI'tES HERETO: that the Development Contract — Site Grading Only Grandview August 13, 2007 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, and street and utility plan. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLU'1'E 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. 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. 2. 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. page 2 - 1 2 4 - • • Development Contract — Site Grading Only Grandview August 13, 2007 b) The Developer shall submit a Turf Establishment Plan which details topsoil placement, seeding, sodding, mulching, fertilizing and watering. Said plan shall be approved by the City prior to the commencement of site grading or construction. 3. 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. 4. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items ILA.1, lI.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 page 3 - 1 2 5 - Development Contract — Site Grading Only Grandview August 13, 2007 construction progresses. The smallest practical area of land shall be exposed at any one period of time. 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. 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 or sodded as designated per the plans. g) i) The street right -of -way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility 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. 5. 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 page 4 -126- • • • Development Contract — Site Grading Only Grandview August 13, 2007 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. 6. 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. 7. 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. 8. Other Construction a) In the event that damage to the streets 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. b) The Developer shall provide a financial security or cash escrow 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. 9. 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 5 - 1 2 7 - Development Contract — Site Grading Only Grandview August 13, 2007 10. Cost of Developer's Improvements, description and completion dates are as shown on Attachment A. 11. 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. 12. 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. 13. The Developer shall make any necessary 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. 14. 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 6 - 1 2 8 - • • • • • • Development Contract — Site Grading Only Grandview August 13, 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 7 -129- Development Contract — Site Grading Only Grandview August 13, 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 8 - 1 3 0 - • • • • • Development Contract — Site Grading Only Grandview August 13, 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 in City Ordinances as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 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 9 - 131 - Development Contract — Site Grading Only Grandview August 13, 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. XI. 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. XII. GENERAL A. Binding Effect 1. The terms and provisions hereof shall be binding 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 10 - 1 3 2 - • • • • • • Development Contract — Site Grading Only Grandview August 13, 2007 C. Final Plat Approval 1. All lots in the plat must agree to connect to City utilities. The City will not approve the final plat without legally enforceable assurance that all properties will connect. 2. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 3. A development agreement between the city and the developer must be executed prior to the issuance of any building permits for the site. 4. Park dedication must be paid in accordance with the city's fee schedule. 5. A conservation easement shall be granted over the drainage and utility easement within the lots fronting Marshan Lake. Easement restrictions shall be defined prior to city council approval of the final plat. 6. The Rice Creek Watershed District must review the project prior to building permits being issued by the city for any new construction. 7. A boulevard tree shall be provided for each lot frontage. 8. The existing roadway easement shall be vacated by the City.Council prior to the approval of the final plat. XIII. VIOLATIONSBUILDING 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 addition 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 11 Development Contract — Site Grading Only Grandview August 13, 2007 DEVELOPER CITY OF LINO LAKES By Developer STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA By Mayor ATTEST: 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 acknowledge that they executed the same on behalf of said City. STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA Notary public On this day of , of 20 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 12 ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS 8 -13 -2007 •DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Grandview NUMBER OF 8 (1 Exisiting, 7 REU's: Additional) APPLICANT: Mike Black ASSESSED AREA (ac.): 3.67 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate e $40,000 2 EROSION CONTROL Estimate b $7,000 3 SITE ENGINEERING & SURVEYING Estimate b $3,000 4 LANDSCAPING Estimate e 5 STREET CONST. Estimate e 6 STORM SEWER CONST. A. Trunk Estimate e B. Lateral Estimate e C. Surface Water Mgmt. Charge (s.f.) $0.116 a • • 7 SANITARY SEWER CONST. C. Unit Charge (REU) D. Lateral 8 WATERMAIN CONST. C. Unit Charge (REU) D. Lateral TOTALS: $2,585 /unit $3,415 /unit a a NOTE: See Attachment B for security amounts to be posted. 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 $50,000 $0 $0 ATTACHMENT B CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Grandview NUMBER OF REU's: APPLICANT: Mike Black ASSESSED AREA (ac.): ITEM NECESSARY IMPROVEMENTS 1 PLANNING/REVIEW A. Plat Review Fee B. Planner Review Fee 2 ENGINEERING A. Plan/Plat/Grading Review B. Preparation of Plans & Specs. C. Construction Services D. Construction Staking E. City Engineering 3 ADMINISTRATION A. Administration Fee - 3% of const. B. Legal C. Publications 4 DEVELOPMENT FEES A. Park Dedication B. Sealcoating Fee C. Aerial Photo Fee 5 BOULEVARD TREE PLANTING 6 DEVELOPMENT SECURITIES A. Tree Preservation B. Street Lighting - installation C. Street Lighting - operation D. Traffic Signing E. Street, St. Swr., Pond Maint. F. Other - Property Tax, FEMA TOTALS: BUDGET DEVELOPER COST NOTE IMP. (X) 3% of const. b b b b b b b a b b $2,075 /each d $0.30 /sf a $90 /unit a $465 /frontage b $95 /unit N/A N/A N/A N/A N/A b b b b b b SECURITY AMOUNTS TO BE POSTED X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT Z = CITY FEE COSTS X 1.0 (CASH ESCROW) 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 $0 Att. A $75,000 00 $0 8 -13 -2007 8 (1 Exisiiing, 7 Additional) 3.67 CITY ESCROW IMP. (Y) AMOUNT (Z) $0 Att. B 00 $0 $15,000 $1,000 $1,000 $1,500 $0 $5,000 00 $4,500 $1,500 $250 $250 00 $0 $0 $0 00 $0 $0 00 00 $0 $15,000 Total $75,000 00 $15,000 • • • • • • AGENDA ITEM 6E STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: August 13, 2007 TOPIC: Resolution No. 07 - 116, Approving Plans and Specifications and Authorizing Advertisement for Bids, CSAH 14/8 Median Landscaping Vote Required: Simple Majority BACKGROUND: This project provides landscaping in the Lino Lakes portion of the newly constructed median for the Anoka County CSAH 14/8 Reconstruction Project. The overall project was approved by the City Council August 22, 2005, Approving County Project within Municipal Corporate Limits (CSAH 14, Main Street). This project includes the installation of an irrigation system, decorative pavement, and a selection of small trees, bushes and perennials. Attached is a location map and the planting plan for the project. Total project costs are estimated to be approximately $96,000. City staff has prepared the plans and specifications for this work and is requesting Council approval to accept the plans and specifications and advertise for bids. The schedule for this project is as follows: Open Bids City Council Awards Contract Construction Begins September 4, 2007 September 10, 2007 Late September, 2007 RECOMMENDATION: Staff recommends the adoption of Resolution No. 07 - 116, Approving Plans and Specifications and Authorizing Advertisement for Bids, CSAH 14/8 Median Landscaping. L? 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -116 RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS — CSAH 14/8 MEDIAN LANDSCAPING WHEREAS, the City Engineer has prepared plans and specifications for the CSAH 14/8 Median Landscaping and has presented such plans and specifications to the Council for approval; WHERAS, the CSAH 14/8 Median Landscaping Project is part of the Anoka County CSAH 14/8 Reconstruction Project approved August 22, 2005 in Resolution No. 05 -118, Approving County Project within Municipal Corporate Limits (CSAH 14). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is on file at City Hall, are hereby approved. 2. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids for the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids will be received by the Clerk, at which time they will be publicly opened in the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on September 10, 2007, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th day of August, 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. • • nanwu Gv. cru S.P. 02- 614 -23 S.P. 82-608-07 1- c c crkiro n I -139- Wd Qfr 3W11 SOCE/3 /8 91H0 aZ • 0 az 1— Z ;a • 0`0 4 `6e S 1 1 Y E O m U U O Fa 6 U U Og U 00 bi 0 i i 2 e 2 ¢6 J 0 zS 0 5 0 E a Q 6`E • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 6F Michael Grochala August 13, 2007 Resolution No. 07 -118, Approving Change Order No. 1, Lake Drive /35W Improvement Project ii. Resolution No. 07 -119, Approving Change Order No. 2 Median Island Landscaping, Lake Drive /35W Improvement Project VOTE REQUIRED: 3/5 Vote Required BACKGROUND: On May 14, 2007 the City Council awarded the Lake Drive /I -35W Improvement Project to Lunda Construction Company in the amount of $7,531,701.71. Construction is underway with curb and gutter placement anticipated the week of the 20th for the northbound lanes. The northbound center pier of the bridge has been completed and the northeast and southeast bridge abutments are anticipated to be completed within the next month. Change Order No. 1 addresses the additional costs incurred to repair a deteriorated drainage structure to avoid undermining a portion of the in place roadway. The total cost of this repair is $2,000. Change Order No. 2 addresses the incorporation of landscaping into the median islands located both north and south of the bridge. The improvements will consist of a colored concrete median border, perennial plants, shrubs and irrigation. The total amount of the change order is $171,100.33. The total contract amount with the Change Orders is $7,704,802. Funding for the change orders was included within the project budget. The project budget included a 5% construction contingency to cover unanticipated costs such as those addressed in Change Order No. 1. The landscaping of the medians was a planned improvement and funding was previously incorporated into the budget for this purpose. The plans were not finalized at the time of project letting in April and still required review by Anoka County. To avoid delays in the project letting they were not included in the original bid with the intent to be added in at a later date . Over the past month staff has been working with the contractor and Anoka County to finalize the plan. The contract prices have been reviewed by the City's consultant engineer, SEH Inc., and Mn /DOT estimating staff and are acceptable. While the majority of landscaping items will not be installed until next year there are irrigation items that need to be installed immediately to avoid delays in the roadway work scheduled over the next two weeks. RECOMMENDATION: Staff is recommending approval of Resolution No. 07 -118 and No. 07 -119. ATTACHMENTS 1. Resolution No. 07 -118 2. Resolution No. 07 -119 3. Change Order No. 1 4. Change Order No. 2 i4o b • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -118 RESOLUTION APPROVING CHANGE ORDER NO. 1 LAKE DRIVE /135W IMPROVEMENT PROJECT WHEREAS, pursuant to the resolution of the City Council adopted May 14, 2007, the City awarded the construction contract for the Lake Drive /I -35W Improvement Project to Lunda Construction Company, and AND WHEREAS, additional costs incurred to repair a deteriorated drainage structure to avoid undermining a portion of the in place roadway, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Change Order No.1, in the amount of $2,000.00, is hereby approved. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th day of August, 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. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -119 RESOLUTION APPROVING CHANGE ORDER NO. 2 LAKE DRIVE /I35W IMPROVEMENT PROJECT WHEREAS, pursuant to the resolution of the City Council adopted May 14, 2007, the City awarded the construction contract for the Lake Drive /I -35W Improvement Project to Lunda Construction Company, and AND WHEREAS, the City wishes to extend the landscaping included in the project to incorporate the median islands within the roadway, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Change Order No.2, in the amount of $171,100.33, is hereby approved. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th day of August, 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. • • • 07/27/2007 14:05 FAX 6514064724 MN DOT /MENDOTA HTS Lj 002 • Mn /DOT TP -2460- 0112 -92) SHEET 1 OF 1 SHEETS State of Minnesota - Department of Transportation CHANGE ORDER # 1 Contractor: Lunda Construction Co. Address: 15601 Clayton Avenue S. Rosemount, MN 55068 State Project No.: 0280 -55 Location: In Lino Lakes on CSAH 23 (Lake Dr.) From 1000 ft. south of Town Center Parkway to Apollo Dr. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions. While worldng along the southeast corner of the existing bridge, it was discovered that a drainage structure is badly deteriorated and undermining a portion of the inplace roadway. In order to prevent further undermining and to control erosion along the roadway and sheetpiling that has been installed it has been determined that the drainage structure should be patched and a temporary pipe installed. This Change Order directs the Contractor to furnish all equipment, materials and labor necessary to patch and provide temporary drainage from the structure located near the southeast corner of the existing bridge. All work will be performed in accordance with the pertinent portions of the Special Provisions, Mn /DOT Standard Specifications, Mn/DOT Standard Plates and as directed by the Engineer. IIIPayment to the Contractor for this work will be via Mn/DOT 1904 Force Account, as shown below in the Estimate of Cost: ESTIMATE OF COST Description GRAND TOTAL FORCE ACCOUNT CHANGE IN CONTRACT TIME Due to this change the Contract Time: a. Is increased ( ) by Working Days Is decreased ( ) by Working Days Is increased () by Calendar Days Is decreased ( ) by Calendar Days b. Is not changed( X) c. May be revised if the work affected the controlling operation ( ) Issued By: Mt/Resident/County Engineer Amount $2,000.00 Date Approved By: Date Date City of Lino Lakes Approved By: Anoka County Accepted By: Contractor's Authorized Representative Date Original to Project Engineer; copies to Contractor, City of Lino Lakes, Anoka County Mn/DOT TP- 2460 - 0112 -92) SHEET 1 OF 2 SHEETS State of Minnesota - Department of Transportation CHANGE ORDER # 2 Contractor: Lunda Construction Co. Address: 15601 Clayton Avenue S. Rosemount, MN 55068 State Project No.: 0280 -55 Contract No. Z07502 Location: In Lino Lakes on CSAH 23 (Lake Dr.) From 1000 ft. south of Town Center Parkway to Apollo Dr. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions. • The construction plans on sheets 79, 80, and 81 of 198 show the location of the median islands that are to be constructed on C.S.A.H. 23. At the request of the City of Lino Lakes, the median construction is eliminating the four (4) inch concrete walk and replacing it with an irrigated landscape system. This Change Order directs the Contractor to furnish all equipment, materials and labor necessary to construct the above stated irrigated landscape system. By signing this Change Order, the Contractor acknowledges receipt of one plan containing four (4) 11 X 17 sheets depicting the redesign of the C.S.A.H. 23 median islands. All work will be performed in accordance with the pertinent portions of the Special Provisions, Mn /DOT Standard Specifications, Mn/DOT Standard Plates and as directed by the Engineer. Payment to the Contractor for this work will be at the negotiated prices, as shown below in the Estimate of Cost. Decrease - Negotiated Items Item No. Description 2521.501 4" Conc. Walk ESTIMATE OF COST Unit Quantity Unit Price Amount S.F. 23,758 $ 2.25 $53,455.50 Subtotal Decrease $53,455.50 • • 08/09/2007 16:02 FAX 6514064724 MN DOT /MENDOTA HTS „,, i iJ m Lvnun aa.a • • MnIDOT TP -246o- 0112 -92) 002 IVa.4u /i r. JD9 SHEET 2 OF 2 SHEETS State of Minnesota - Department of Transportation CHANGE ORDER # 2 Contractor. Lunde Construction Co. Address: 15601 Clayton Avenue S. Rosemount, MN 55068 State Project No.: 0280 -55 Contract No. Z07502 Location: In Lino Lakes on CSAH 23 (Lake Dr.) From 1000 R. south of Town Center Parkway to Apollo Dr. In accordance with the loins of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions. jacreaze - Negotiated Items Item No. Pescrintioa .p t Quantity Unit Price Arno Irrigation System L.S. 48,400 548,400,00 548,400.00 2505.602 Service Meter Conn. Ea. 3 3,900.00 11,700.00 2521.501 4" Cone, Walk Special S,F, 9,274 4.81 44,607.94 2521.501 6" Cone, Walk Special S_F. 793 5.87 4,654.91 2565.602 Pedestal Pale & Base Ea. 2 5,600.00 11,200.00 2565.603 1.25" NMC L.F. 410 5.75 2,357.50 2565.603 3/C #10 L.F. 410 1,95 801.36 2571.505 Deciduous Shrub 2' Shrub 1,196 32.25 38,571.00 2571,507 Perennials Plant 3,699 9.25 34,215.75 2575.607 Mulch Mat'l Type Spec. C.Y. 142 60.00 8,520.00 2575.607 Select Topsoil Borrow C.Y. 732 12.00 8,784.00 Schedule 80 4" PVC Pipe L.F. 215 11.25 _1418,75 Subtotal Increase $216,231.21 Prime Contractor Allowance @ 10% first $50,000,00 $ 5,000.00 Prime Contractor Allowanoe @ 2% remaining $ 3,324.62 Distribution: S.P. 0280 -55 Group 01 -100% C) ANGE IN CONTRACT TAE Due to this change the Contraot Time: a. Is increased ( ) by Working Days Is decreased ( ) by Working Days Is increased () by Calendar Days Is decreased ( ) by Calendar Days 6. Is not changed (X ) c. May be revised if the work affected the controlling operation ( ) Total Increase $171,100.33 Approved By: City of Lino Lakes Approved By: Anoka County Accepted By: Contractor's Authorized Representative Date Date Dam Original to Project Engineer; copies to Contractor, city of Lino Lakes, Anoka County