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HomeMy WebLinkAbout02/27/2006 Council PacketCITY COUNCIL WORK SESSION Council Work Room (not televised) 5:30 P.M. CITY OF LINO LAKES Monday, February 27, 2006 Council Chambers City Council meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) Open Mike Call to Order and Roll Call Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items 1. Consent Agenda - A) Consideration of Expenditures: i) February 27, 2006 (Check No. 75991 through Pg 4 -14 76078 in the amount of $378,624.58; ii) Centennial Fire District (Check No. 15054 through Pg 15 15076 in the amount of $20,821.77 B) Consider Resolution No. 06 -24, Approving a Tobacco License Pg 16 -17 for Holiday Companies for Stationstore #376 at 7509 Lake Drive C) Consider approval of February 13, 2006 City Council To follow Meeting Minutes D) Public Safety Department - Expenditure of Drug Forfeiture Funds: Pg 19 -21 i) Authorize use of funds in the amount of $5,000 to re- establish Lino Lakes as a supporting community for the purpose of continuing juvenile diversionary services through the Forest Lake Area Youth Service Bureau; ii) Authorize expenditure of $1,500 to $2,000 on updated exercise equipment and accessories for the Wellness Room E) ik[(ed 0- -4- e Q ev \da- De Community Development Department - A nicipal State Aid Street i) Consideration of Resolution o. 06 -35, Revoking Pg 22-24 Municipal State Aid Stree Designation (M.S.A. 210 -120 -010) ii) Consideration of Resolution No. 06 -36, Establishing Pg 25 -28 Municipal State d Streets Finance Department Report, Al Rolek A) Public Hearing, Consider Resolution No. 06- 34 Regarding Tax Pg 29 -31 Abatement and Business Subsidy in Connection with the YMCA Project YMCA Financing, Mary Alice Divine B) Consider Resolution Granting Approval of Issuance of Tax Pg 32 Exempt Revenue Notes for the benefit of YMCA of Greater Saint Paul Staff recommendation for Items 24 and 2B: Open and continue public hearings to March 13, 2006 3. Administration Department Report, Dan Tesch None 4. Public Safety Department Report, Dave Pecchia None 5. Public Services Department Report, Rick DeGardner A) Consider Resolution 06 -07, Approving 2006 Park Board Goals Pg 33 -34 B) Consideration of Resolution 06 -37, Approving National Pg 35a -r Sports Center Super Rink Expansion Guarantee Agreement 6. Community Development Department Report, Michael Grochala A) Cavegn Estates i) Consider Resolution No. 06 -33, Approving Development Pg 36 -49 Contract, James Studenski ii) Consider Second Reading of Ordinance 01 -06 Vacating Part Pg 50 -53 of Lois Lane Street Right of Way; and drainage and utility easements for Cavegn Estates, Paul Bengtson iii) Consider Resolution No. 06 -31 Approving Final Plat Pg 54 -57 for Cavegn Estates, Paul Bengtson B) Consider Resolution No. 06 -32 Amending the Conditional Pg 58 -63 Use Permit for Molin Concrete, Paul Bengtson C) Consider First Reading of Ordinance 02 -06 Amending Pg 64 -74 Ordinance 04 -04 for the purpose of adding signage criteria to the Lino Lakes Town Center Design and Development Guide, Paul Bengtson 7. Unfinished Business A) None. 8. New Business A) Consider approval of February 8, 2006 Council Work Session Minutes Council Member O'Donnell absent Pg 75 -82 9. Corrununity Calendar, February 28, 2006 through March 13, 2006: A) City Council Study Session, Monday, March 6, 5:30 p.m. B) Park Board Meeting, Monday, March 6, 6:30 p.m. C) Planning & Zoning Board Meeting, Wednesday, March 8, 6:30 p.m. 10. Adjourn SUMMARY MINUTES (Formerly the Expanded Agenda) REVISED CITY COUNCIL WORK SESSION Council Work Room (not televised) 5:30 P.M. CITY OF LINO LAKES Monday, February 27, 2006 Council Chambers City Council meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) Open Mike THERE WERE NO SPEAKERS Call to Order and Roll Call (6:30 — COUNCIL MEMBER STOLTZ ABSENT) Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items 1. Consent Agenda - A) Consideration of Expenditures: i) February 27, 2006 (Check No. 75991 through 76078 in the amount of $378,624.58; ii) Centennial Fire District (Check No. 15054 through 15076 in the amount of $20,821.77 Pg 4 -14 Pg 15 B) Consider Resolution No. 06 -24, Approving a Tobacco License Pg 16 -17 for Holiday Companies for Stationstore #376 at 7509 Lake Drive C) Consider approval of February 13, 2006 City Council To follow D) Public Safety Department - Expenditure of Drug Forfeiture Funds: Pg 19 -21 i) Authorize use of funds in the amount of $5,000 to re- establish Lino Lakes as a supporting community for the purpose of continuing juvenile diversionary services through the Forest Lake Area Youth Service Bureau; ii) Authorize expenditure of $1,500 to $2,000 on updated exercise equipment and accessories for the Wellness Room SUMMARY MINUTES (Formerly the Expanded Agenda) E) Community Development Department Municipal State Aid Streets: Municipal State Aid Street Designation (M.S.A. 210 120 010) ii) Consideration of Resolution No. 06 36, Establishing Pg 25 28 Municipal Statc Aid Streets MOTION BY COUNCIL MEMBER CARLSON, SECONDED BY COUNCIL MEMBER O'DONNELL TO APPROVE THE CONSENT AGENDA, ITEMS 1A THROUGH 1D WITH ITEM 1C AND 1E HAVING BEEN DELETED FROM THE AGENDA. MOTION PASSED UNANIMOUSLY; COUNCIL MEMBER STOLTZ ABSENT. 2. Finance Department Report, Al Rolek A) Public Hearing, Consider Resolution No. 06- 34 Regarding Tax Pg 29 -31 Abatement and Business Subsidy in Connection with the YMCA Project YMCA Financing, Mary Alice Divine CHAIR BERGESON OPENED THE PUBLIC HEARING. MOTION BY COUNCIL MEMBER REINERT, SECONDED BY COUNCIL MEMBER CARLSON TO CONTINUE THE PUBLIC HEARING TO MARCH 13, 2006. MOTION PASSED UNANIMOUSLY; COUNCIL MEMBER STOLTZ ABSENT. B) Consider Resolution Granting Approval of Issuance of Tax Pg 32 Exempt Revenue Notes for the benefit of YMCA of Greater Saint Paul CHAIR BERGESON OPENED THE PUBLIC HEARING. MOTION BY COUNCIL MEMBER O'DONNELL, SECONDED BY COUNCIL MEMBER REINERT TO CONTINUE THE PUBLIC HEARING TO MARCH 13, 2006. MOTION PASSED UNANIMOUSLY; COUNCIL MEMBER STOLTZ ABSENT. 3. Administration Department Report, Dan Tesch None 4. Public Safety Department Report, Dave Pecchia None 5. Public Services Department Report, Rick DeGardner A) Consider Resolution 06 -07, Approving 2006 Park Board Goals Pg 33 -34 MOTION BY COUNCIL MEMBER REINERT, SECONDED BY COUNCIL MEMBER O'DONNELL TO APPROVE RESOLUTION 06 -07. MOTION PASSED UNANIMOUSLY; COUNCIL MEMBER STOLTZ ABSENT. SUMMARY MINUTES (Formerly the Expanded Agenda) B) Consideration of Resolution 06 -37, Approving National Sports Center Super Rink Expansion Guarantee Agreement Pg 35a -r MOTION BY COUNCIL MEMBER O'DONNELL, SECONDED BY COUNCIL MEMBER REINERT TO APPROVE RESOLUTION 06 -37 APPROVING THE NATIONAL SPORTS CENTER SUPER RINK EXPANSION GUARANTEE AGREEMENT, AS AMENDED. MOTION PASSED UNANIMOUSLY; COUNCIL MEMBER STOLTZ ABSENT. 6. Community Development Department Report, Michael Grochala A) Cavegn Estates i) Consider Resolution No. 06 -33, Approving Development Pg 36 -49 Contract, James Studenski MOTION BY COUNCIL MEMBER CARLSON, SECONDED BY COUNCIL MEMBER O'DONNELL TO APPROVE RESOLUTION 06 -33. MOTION PASSED UNANIMOUSLY; COUNCIL MEMBER STOLTZ ABSENT. ii) Consider Second Reading of Ordinance 01 -06 Vacating Part Pg 50 -53 of Lois Lane Street Right of Way; and drainage and utility easements for Cavegn Estates, Paul Bengtson MOTION BY COUNCIL MEMBER O'DONNELL, SECONDED BY COUNCIL MEMBER REINERT FOR SECOND READING AND APPROVAL OF ORDINANCE 01 -06. MOTION PASSED ON A ROLL CALL VOTE: YEAS, O'DONNELL, REINERT, BERGESON; CARLSON; NAYS, NONE; COUNCIL MEMBER STOLTZ ABSENT. iii) Consider Resolution No. 06 -31 Approving Final Plat Pg 54 -57 for Cavegn Estates, Paul Bengtson MOTION BY COUNCIL MEMBER REINERT, SECONDED BY COUNCIL MEMBER CARLSON TO APPROVE RESOLUTION 06 -31. MOTION PASSED UNANIMOUSLY; COUNCIL MEMBER STOLTZ ABSENT. B) Consider Resolution No. 06 -32 Amending the Conditional Pg 58 -63 Use Permit for Molin Concrete, Paul Bengtson MOTION BY COUNCIL MEMBER O'DONNELL, SECONDED BY COUNCIL MEMBER REINERT TO APPROVE RESOLUTION 06 -32. MOTION PASSED UNANIMOUSLY; COUNCIL MEMBER STOLTZ ABSENT. C) Consider First Reading of Ordinance 02 -06 Amending Ordinance 04 -04 for the purpose of adding signage criteria to the Lino Lakes Town Center Design and Development Guide, Paul Bengtson Pg 64 -74 SUMMARY MINUTES (Formerly the Expanded Agenda) MOTION BY COUNCIL MEMBER CARLSON, SECONDED BY COUNCIL MEMBER O'DONNELL FOR THE FIRST READING OF ORDINANCE NO. 02- 06. MOTION PASSED ON A ROLL CALL VOTE: YEAS, O'DONNELL, REINERT, BERGESON; CARLSON; NAYS, NONE; COUNCIL MEMBER STOLTZ ABSENT. 7. Unfinished Business A) None. 8. New Business A) Consider approval of February 8, 2006 Council Work Session Minutes Council Member O'Donnell absent Pg 75 -82 MOTION BY COUNCIL MEMBER REINERT, SECONDED BY COUNCIL MEMBER CARLSON TO APPROVE THE FEBRUARY 8, 2006 COUNCIL WORK SESSION MINUTES, AS CORRECTED. MOTION PASSED UNANIMOUSLY; COUNCIL MEMBER O'DONNELL ABSTAINED; COUNCIL MEMBER STOLTZ ABSENT. 9. Community Calendar, February 28, 2006 through March 13, 2006: A) City Council Study Session, Monday, March 6, 5:30 p.m. B) Park Board Meeting, Monday, March 6, 6:30 p.m. C) Planning & Zoning Board Meeting, Wednesday, March 8, 6:30 p.m. 10. Adjourn MOTION BY COUNCIL MEMBER O'DONNELL, SECONDED BY COUNCIL MEMBER CARLSON TO ADJOURN. MOTION PASSED UNANIMOUSLY; COUNCIL MEMBER STOLTZ ABSENT. JUL -21 -1900 06:02 1,,/ P. 02 P(S -:tt l is l t, cC ( K �l o/L ic. Sv SS 10.4 21 2:11 0 04 Sale of Ice Hours Procedure 1. The city guarantee would apply following a series of built in protections. a. CYHA makes every attempt to buy all of the hours. If there are any unused hours on the CYHA rink, they would be offered: First, to other Super Rink partners, Blaine, Coon Rapids, Mounds View, Irondale, Tri-city, Bethel and Spring Lake Park. Second, to NSC Ice Sports Programs for figure Skating, learn to skate, adult women & men hockey, youth hockey leagues, tournaments, camps etc. Third, Non -Super Rink groups or organizations would be offered the hours. Fourth, the Centennial Cities would not be obligated to pay if the total hours booked on the 4 expansion sheets had sufficient revenues to pay operating expenses. Fifth, CYHA must use their resources to guarantee payment of 860 of the 1340 hours per year. Sixth, If the previous five options are applied and there are still insufficient revenues and unsold hours on the CYHA rink...the Cities backing would apply. Note, the NSC programs and sells the unused hours and credits each partner equitably. TOTAL P.02 Pt sftit opt < ) u,'ozk. s (( sIL 2- /z -x/06 Benefits to Lino Lakes residents at the Chain of Lakes YMCA • A Community Pass will be included in each Lino Lakes City Newsletter (4x per year) for a period of five years. This pass will allow an individual or family one use of the Chain of Lakes facility. There will be an expiration date on each pass based on the newsletter schedule. • Teen Center will be open to all Lino Lakes teens (6th — 10th grade) without a membership. (Fee $2 /day to start for nonmembers) • 4 annual community events will be held throughout the year free of charge to members and nonmembers. (If special activities, such as dinner, occur there will be a nominal charge.) • Free Learn to Swim water instruction will be offered in the early summer for children ages 3 — 10 on an annual basis for three years. (Includes nonmembers. Registration will be taken until classes are full). • Once a year the YMCA will do health testing for the Police and Fire Departments. • Water aerobics will be offered to individuals with arthritis at a daily rate and will not require a membership. • Community Health Seminars • Senior Health Fairs will be offered annually which will include fitness classes, blood pressure checks and social opportunities. • Resident rate to participate in evening adult leagues (for Lino Lakes residents, a 10% discount for three years) • Resident rate for the Fall Fun Run AGENDA ITEM lA • EXPENDITURES FEBRUARY 27, 2006 • Date: 02/09/2006 Time: 13:31:16 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) • Entry Journal #: (R) 5182 - 5182 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000057 PREMIUM WATERS, INC. 1 31.59 31.59 .00 .00 000286 HALVERSON, ADAM 2 560.30 560.30 .00 .00 000408 AFSCME COUNCIL #5 1 804.85 804.85 .00 .00 001187 CONNEXUS ENERGY 1 2,770.81 2,770.81 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 814.00 814.00 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 246.42 246.42 .00 .00 004560 U S BANK 1 1,748.82 1,748.82 .00 .00 Grand Totals: 8 6,976.79 6,976.79 .00 .00* • • Date: 02/21/2006 Time: 07:12:09 Ranges: Vendor #: (A) Invoice #: (A) • Entry Journal #: (R) 5191 - 5191 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) City of Lino Lakes Operator: JAL Page: 1 FM Entry - Invoice Journal Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000162 BARNA, GUZY & STEFFEN, LTD. 1 10.67 10.67 .00 .00 000370 CENTRAL COMMUINICATIONS 1 672.56 672.56 .00 .00 000420 ANOKA COUNTY 1 13,059.38 13,059.38 .00 .00 002230 DIVINE, MARY 1 24.45 24.45 .00 .00 003443 OTTER LAKE ANIMAL CARE CENTER, INC. 2 316.36 316.36 .00 .00 004350 T.K.D.A. 1 36,542.48 36,542.48 .00 .00 004759 FOREST LAKE TRAILER 1 2,881.78 2,881.78 .00 .00 Grand Totals: 8 53,507.68 53,507.68 .00 .00* Date: 02/21/2006 Time: 07:28:13 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) • Entry Journal #: (R) 5190 - 5190 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000038 ACTIVE NETWORK, INC. (.COM) 1 460.46 460.46 .00 .00 000065 SCHARBER & SONS, INC. 1 309.22 309.22 .00 .00 000093 ACE SOLID WASTE, INC. 1 364.88 364.88 .00 .00 000100 AID ELECTRIC SERVICE, INC. 1 338.44 338.44 .00 .00 000191 MACQUEEN EQUIPMENT, INC. 1 300.00 300.00 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 3 100.94 100.94 .00 .00 000293 WIPERS AND WIPES, INC. 4 197.09 197.09 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 1 142.50 142.50 .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 163.96 163.96 .00 .00 000370 CENTRAL COMMUINICATIONS 3 683.70 683.70 .00 .00 000389 CUB FOODS 1 53.41 53.41 .00 .00 0. ANOKA COUNTY 1 184.00 184.00 .00 .00 0 ASPEN MILLS, INC. 3 208.89 208.89 .00 .00 000551 MINNESOTA AWWA 2 270.00 270.00 .00 .00 000679 RIGID HITCH, INC. 1 34.95 34.95 .00 .00 000860 BROADWAY AWARDS, INC. 1 213.00 213.00 .00 .00 000900 O'REILLY AUTOMOTIVE, INC. 1 474.83 474.83 .00 .00 000913 TAHO SPORTSWEAR, INC. /SATURN SCREENPRINT 1 2,380.08 2,380.08 .00 .00 000930 WILLIAM G. HAWKINS & ASSOCIATES 1 15,500.45 15,500.45 .00 .00 000946 C. P. OFFICE PRODUCTS 5 1,819.04 1,819.04 .00 .00 001007 KUBES, WILLIAM 1 490.00 490.00 .00 .00 001260 ACCLAIM BENEFITS 1 654.50 654.50 .00 .00 Date: 02/21/2006 Time: 07:28:13 City of Lino Lakes Operator: JAL Page: 2 FM Entry - Invoice Journal Discount Vendor # Name # of items Net Gross Discount Lost 00• BOYER TRUCKS 2 158.38 158.38 .00 .00 001269 FORCE AMERICA, INC. 1 159.22 159.22 .00 .00 001292 DEHN OIL COMPANY, INC. 2 6,307.79 6,307.79 .00 .00 001339 URS CORPORATION 1 1,860.00 1,860.00 .00 .00 001380 EARL ANDERSON ASSOCIATION, INC. 1 210.10 210.10 .00 .00 001475 TASER INTERNATIONAL, INC. 1 160.00 160.00 .00 .00 001480 HAWKINS INC. 1 9,030.63 9,030.63 .00 .00 001620 DEEP ROCK WATER COMPANY 1 16.20 16.20 .00 .00 001680 ONE CALL CONCEPTS, INC. 1 223.25 223.25 .00 .00 002001 10,000 LAKES CHAPTER 1 350.00 350.00 .00 .00 002107 TOLL GAS & WELDING SUPPLIES, INC. 1 11.51 11.51 .00 .00 002110 KATH AUTO PARTS, INC. 1 394.03 394.03 .00 .00 002178 WILSON DEVELOPMENT SERVICES 1 229.50 229.50 .00 .00 002328 LEEF BROTHER, INC. 1 21.84 21.84 .00 .00 002332 LIFE SAFETY SYSTEMS, INC. 1 265.00 265.00 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 3 419.76 419.76 .00 .00 0 MENARDS, INC. 5 145.16 145.16 .00 .00 00 5 METRO ATHLETIC SUPPLY, INC: 2 947.05 947.05 .00 .00 002570 METRO COUNCIL WASTEWATER SERVICES 2 63,176.70 63,176.70 .00 .00 002640 RDO EQUIPMENT COMPANY, INC. 1 166.74 166.74 .00 .00 002694 AMERICAN MESSAGING 1 26.82 26.82 .00 .00 002700 CENTERPOINT /MINNEGASCO, INC. 1 2,731.83 2,731.83 .00 .00 003050 MRPA 1 10.00 10.00 .00 .00 003070 MTI DISTIBUTING, INC. 1 251.63 251.63 .00 .00 003090 NARDINI FIRE EQUIPMENT CO., INC. 1 109.78 109.78 .00 .00 003123 NATURE CALLS, INC. 1 258.60 258.60 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 1 113.34 113.34 .00 .00 • Date: 02/21/2006 Time: 07:28:13 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Discount Vendor # Name # of items Net Gross Discount Lost O XCEL ENERGY 1 8,295.26 8,295.26 .00 .00 003443 OTTER LAKE ANIMAL CARE CENTER, INC. 1 313.84 313.84 .00 .00 003491 PETTY CASH 1 59.63 59.63 .00 .00 003524 PITNEY BOWES, INC. 1 238.28 238.28 .00 .00 003594 ALPHA VIDEO, INC. 1 466.68 466.68 .00 .00 003600 PRESS PUBLICATIONS, INC. 2 89.38 89.38 .00 .00 003624 ENCOMM MIDWEST, INC. 1 62,010.93 62,010.93 .00 .00 003880 SHORT - ELLIOTT - HENDRICKSON, INC. 4 87,803.65 87,803.65 .00 .00 003990 SHOREVIEW, CITY OF 1 132.16 132.16 .00 .00 004009 PEAK STAFFING - 1 2,318.80 2,318.80 .00 .00 004063 ANOKA COUNTY LICENSE BUREAU 1 59.00 59.00 .00 .00 004150 STAR TRIBUNE, INC. 1 111.80 111.80 .00 .00 004233 DULUTH POLICE DEPARTMENT 1 495.00 495.00 .00 .00 004240 STREICHER'S, INC. 7 1,152.17 1,152.17 .00 .00 004350 T.K.D.A. 27 35,109.69 35,109.69 .00 .00 004416 THOMPSON AND ASSOCIATES 1 750.00 750.00 .00 .00 O 7 TIMESAVER OFF -SITE SECRETARIAL, INC 1 286.50 286.50 .00 .00 O 0 COMO LUBE & SUPPLIES, INC. 1 323.95 323.95 .00 .00 004575 UPS /UNITED PARCEL SERVICE 1 12.26 12.26 .00 .00 004670 COMCAST 1 291.43 291.43 .00 .00 004729 HOME LINE 1 30.00 30.00 .00 .00 004759 FOREST LAKE TRAILER 1 12.78 12.78 .00 .00 004791 NAC MECHANICAL& ELECTRICAL SERVICES 1 1,614.73 1,614.73 .00 .00 004840 WINNICK SUPPLY, INC. 1 284.73 284.73 .00 .00 900483 DEMOTTES, AL 1 50.00 50.00 .00 .00 900491 ROSEVILLE, CITY OF 1 1,666.67 1,666.67 .00 .00 900523 OLSON SEWER SERVICE, INC. 1 1,061.59 1,061.59 .00 .00 Date: 02/21/2006 Time: 07:28:14 City of Lino Lakes FM Entry - Invoice Journal Vendor # - • • • Name Operator: JAL Page: 4 Discount # of items Net Gross Discount Lost Grand Totals: 136 318,140.11 318,140.11 .00 .00* Date: 02/21/2006 Time: 07:37:00 Operator: JAL Options: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 5185 - 5193 Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Check # Vendor Alpha Name Description Dept Amount 75991 AFSCME COUNCIL #5 PAYROLL WITHHOLDING * * * * * * ** 804.85 0 ANOKA COUNTY RECORDING FEES * * * * * * ** 184.00 O ANOKA COUNTY LICENSE B TABS FOR FORF VEH AND NE * * * * * * ** 29.50 75994 LAW ENFORCEMENT LABOR PAYROLL WITHHOLDING * * * * * * ** 814.00 O METRO COUNCIL WASTEWAT JANUARY SAC * * * * * * ** 18,414.00 75995 MN CHILD SUPPORT PAYME PAYROLL WITHHOLDING /TEAR * * * * * * ** 246.42 O SHORT - ELLIOTT - HENDRICK MONTHLY SERVICE * * * * * * ** 1,076.06 O T.K.D.A. POMP'S TIRE JANAURY * * * * * * ** 24,117.94 0 URS CORPORATION TRAFFIC STUDY * * * * * * ** 1,860.00 Total for Dept ** 47,546.77* 0 CUB FOODS COOKIES SPECIAL 53.41 O SHOREVIEW, CITY OF WINTER SCHOOL'S OUT CAMP SPECIAL 132.16 75997 U S BANK INTERNET CONNECTION SPECIAL 75.97 Total for Dept 205 261.54* • 0 TAHO SPORTSWEAR, INC./ T- SHIRTS YOUTH IN 2,380.08 Total for Dept 207 2,380.08* O TIMESAVER OFF -SITE SEC CITY COUNCIL WORKSHOP MAYOR /CO 286.50 Total for Dept 401 286.50* O ACCLAIM BENEFITS ADMINISTRATION AND RENEW ADMINIST 654.50 0 BARNA, GUZY & STEFFEN, MILEAGE ADMINIST 10.67 O PEAK STAFFING TEMP SERVICES ADMINIST 2,318.80 75996 PREMIUM WATERS, INC. MONTHLY SERVICE /JANUARY ADMINIST 31.59 O PRESS PUBLICATIONS, IN WORK SESSION ADMINIST 28.60 75997 U S BANK INTERNET CONNECTION ADMINIST 214.59 Total for Dept 402 3,258.75* 0 ALPHA VIDEO, INC. ADJUSTABLE GOOSENEC CABLE 466.68 Total for Dept 404 466.68* 0 ANOKA COUNTY 2005 COUNTY TNT, SPEC AS FINANCE 1,842.20 0 PRESS PUBLICATIONS, IN SUMMARY BUDGET FINANCE 60.78 O ROSEVILLE, CITY OF MONTHLY BILLING FINANCE 1,666.67 • Date: 02/21/2006 Time: 07:37:00 Operator: JAL Cho# Vendor Alpha Name Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Description Dept Total for Dept 407 O WILLIAM G. HAWKINS & A JANUARY MONTHLY SERVICE LEGAL CO Total for Dept 414 0 DIVINE, MARY 75997 U S BANK 0 T.K.D.A. SILK SCREEN FOR ORNAMENT INTERNET CONNECTION Total for Dept 415 CSAH 49 /CR J Total for Dept 416 0 SHORT - ELLIOTT - HENDRICK JANUARY MONTHLY SERVICE 0 T.K.D.A. TCF JANUARY Total for Dept 417 0 0 ASPEN MILLS, INC. 0 BROADWAY AWARDS, INC. O C. P. OFFICE PRODUCTS O CENTRAL COMMUINICATION 75992 CONNEXUS ENERGY 0 DULUTH POLICE DEPARTME 75993 HALVERSON, ADAM O HOME LINE O IMAGE PRINTING & GRAPH 0 KATH AUTO PARTS, INC. O KUBES, WILLIAM O OTTER LAKE ANIMAL CARE •0 STREICHER'S, INC. O TASER INTERNATIONAL, I 0 THOMPSON AND ASSOCIATE 75997 U S BANK O UPS /UNITED PARCEL SERV ANOKA COUNTY LICENSE B TABS FOR FORF VEH AND NE UNIFORM HALVERSON PLAQUES AND NAME PLATES OFFICE SUPPLIES JANUARY ACCESS SERVICE C MONTHLY SERVICE /JANUARY TRAINING STREGE REIMBURSE CAMERA /MEMORY/ SEMINAR LAND LORD TENNAN 10 -8 NEWSLETTER SUPPLIES GLOCK 22C HANDGUN W (3) JANUARY SERVICE UNIFORM ALLOWANCE ROSS TRAINING PERSONNEL EVALUATIONS INTERNET CONNECTION DELIVERY SERVICE Total for Dept 420 ECONOMIC ECONOMIC PLANNING ENGINEER ENGINEER POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE 0 10,000 LAKES CHAPTER SEMINAR MOONEN & RYLANDE BUILDING O IMAGE PRINTING & GRAPH CORRECTION NOTICES BUILDING 0 T.K.D.A. BUILDING PERMITS JANUARY BUILDING Total for Dept 422 O AMERICAN FASTENER & SU HX CAPS AND NUTS O AMERICAN MESSAGING PAGERS 75992 CONNEXUS ENERGY MONTHLY SERVICE /JANUARY O EARL ANDERSON ASSOCIAT 9" STREET SIGN PLATES O MACQUEEN EQUIPMENT, IN 2006 ELGIN SWEEPER CLINI O MENARDS, INC. PARTS Total for Dept 430 • O AMERICAN FASTENER & SU SPIRAL SET STREETS STREETS STREETS STREETS STREETS STREETS FLEET Amount 3,569.65* 15,057.45 15,057.45* 24.45 32.00 56.45* 447.14 447.14* 120.00 15,762.02 15,882.02* 29.50 208.89 213.00 604.45 1,356.26 21.31 495.00 560.30 30.00 348.35 394.03 490.00 630.20 1,152.17 160.00 750.00 433.92 12.26 7,889.64* 350.00 71.41 1,968.99 2,390.40* 33.48 8.94 806.03 210.10 300.00 51.96 1,410.51* 67.46 Date: 02/21/2006 Time: 07:37:00 Operator: JAL Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Ch# Vendor Alpha Name 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 75992 0 0 0 0 0 0 0 0 75997 • 0 0 0 75992 0 0 0 0 0 0 Description Dept Amount BOYER TRUCKS COMO LUKE & SUPPLIES, DEHN OIL COMPANY, INC. FACTORY MOTOR PARTS CO FORCE AMERICA, INC. LEEF BROTHER, INC. MTI DISTIBUTING, INC. O'REILLY AUTOMOTIVE, I RDO EQUIPMENT COMPANY, RIGID HITCH, INC. SCHARBER & SONS, INC. CAB ASY 55 GAL TRACTOR FLUID #2 RED WINTER DSL PARTS 1" KEYED BOLT SHOP TOWELS SWITCH ASSEMBLY GARAGE JACK, WIPER WEAR PLATE REPLACEMENT BALL REPLACED BAD TRANSMISSIO TOLL GAS & WELDING SUP SUPPLIES Total for Dept 431 BLADE ACE SOLID WASTE, INC. RECYCLE AND WASTE AMERIPRIDE LINEN /APPAR SUPPLIES C. P. OFFICE PRODUCTS TONER CENTERPOINT /MINNEGASCO MONTHLY SERVICE COMCAST CHSI INSTALL CONNEXUS ENERGY MONTHLY SERVICE /JANUARY DEEP ROCK WATER COMPAN LIFE SAFETY SYSTEMS, I MENARDS, INC. NAC MECHANICAL& ELECTR NARDINI FIRE EQUIPMENT PETTY CASH PITNEY BOWES, INC. STAR TRIBUNE, INC. U S BANK WIPERS AND WIPES, XCEL ENERGY INC. CENTERPOINT /MINNEGASCO CONNEXUS ENERGY FOREST LAKE TRAILER METRO ATHLETIC SUPPLY, NATURE CALLS, INC. PETTY CASH T.K.D.A. WINNICK SUPPLY, INC. WATER SALLEY PROT GARAGE DOOR GRIPPERS INSTALL PUMPS &SEALS, RES MONTHLY MAINTENANCE PETTY CASH REIMBURSE METER RENTAL 4/1/06 - 06 52 WEEKS INTERNET CONNECTION DUSTPAN MONTHLY SERVICE Total for Dept 432 MONTHLY SERVICE MONTHLY SERVICE /JANUARY SAND PAD NETS MONTHLY UNIT RENTAL PETTY CASH REIMBURSE BIRCH STREET TRAIL JANUA PARKS ANGLES AND TUBES PARKS Total for Dept 450 FLEET 158.38 FLEET 323.95 FLEET 6,307.79 FLEET 113.34 FLEET 159.22 FLEET 21.84 FLEET 251.63 FLEET 474.83 FLEET 166.74 FLEET 34.95 FLEET 309.22 FLEET 11.51 8,400.86* GOVERNME 364.88 GOVERNME- 163.96 GOVERNME 1,214.59 GOVERNME 1,501.54 GOVERNME 291.43 GOVERNME 1,005.13 GOVERNME 16.20 GOVERNME 265.00 GOVERNME 93.20 GOVERNME 1,614.73 GOVERNME 109.78 GOVERNME 8.70 GOVERNME 238.28 GOVERNME 111.80 GOVERNME 262.09 GOVERNME 197.09 GOVERNME 4,037.99 11,496.39* PARKS 184.87 PARKS 42.60 PARKS 2,894.56 PARKS 947.05 PARKS 258.60 PARKS 36.69 32.27 284.73 4,681.37* 0 ACTIVE NETWORK, INC. ( RECNET MIN PER CONTRACT RECREATI 0 MRPA NON- SCHOOL DAY ROUNDTABL RECREATI Total for Dept 451 75997 U S BANK INTERNET CONNECTION Total for Dept 461 • 460.46. 10.00 470.46* ENVIRONM 660.00 660.00* Date: 02/21/2006 Time: 07:37:00 Operator: JAL Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Che11r# Vendor Alpha Name Description Dept Amount 0 DEMOTTES, AL REIMS FOR SCALE FOR RECY SOLID WA Total for Dept 462 0 0 0 75992 0 0 0 0 0 0 AID ELECTRIC SERVICE, AMERICAN MESSAGING CENTERPOINT /MINNEGASCO CONNEXUS ENERGY HAWKINS INC. INSTRUMENTAL RESEARCH, MINNESOTA AWWA ONE CALL CONCEPTS, INC PETTY CASH XCEL ENERGY FILTER FAN PAGERS MONTHLY SERVICE MONTHLY SERVICE /JANUARY CHEMICALS COLIFORM BACTERIA TRAINING PAYNE MONTHLY CHARGE PETTY CASH REIMBURSE MONTHLY SERVICE Total for Dept 494 O AMERICAN MESSAGING 75992 CONNEXUS ENERGY O METRO COUNCIL WASTEWAT 0 OLSON SEWER SERVICE, I 0 ONE CALL CONCEPTS, INC O PETTY CASH 75997 U S BANK O XCEL ENERGY PAGERS MONTHLY SERVICE /JANUARY FEBRUARY 06 MONTHLY FEE PUMP 700 GALLON WASTEWAT MONTHLY CHARGE PETTY CASH REIMBURSE INTERNET CONNECTION MONTHLY SERVICE Total for Dept 495 50.00 50.00* WATER 338.44 WATER 13.37 WATER 1,045.42 WATER 572.78 WATER 9,030.63 WATER 142.50 WATER 270.00 WATER 111.62 WATER 9.99 WATER 2,288.83 13,823.58* SEWER 4.51 SEWER 322.96 SEWER 44,762.70 SEWER 1,061.59 SEWER 111.63 SEWER 4.25 SEWER 70.25 SEWER 1,968.44 48,306.33* 0 ANOKA COUNTY 2005 COUNTY TNT, SPEC AS OTHER O ENCOMM MIDWEST, INC. PAYMENT NO.4 WELL /PUMPH OTHER 0 SHORT - ELLIOTT - HENDRICK JANUARY SERVICES OTHER 0 T.K.D.A. 2005 SURF WATER MAN JANU OTHER 0 WILLIAM G. HAWKINS & A JANUARY MONTHLY SERVICE OTHER WILSON DEVELOPMENT SER JANUARY SERVICES OTHER Total for Dept 499 11,217.18 62,010.93 86,607.59 29,323.81 443.00 229.50 189,832.01* Grand Total 378,624.58* • • • Centennial Fire District Check Register 2/21/2006 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 2/17/2006 15054 2/17/2006 15055 2/17/2006 15056 2/17/2006 15057 2/17/2006 15058 2/17/2006 15059 2/17/2006 15060 2/17/2006 15061 2/17/2006 15062 2/17/2006 15063 2/17/2006 15064 2/17/2006 15065 2/17/2006 15066 2/17/2006 15067 2/17/2006 15068 2/17/2006 15069 2/17/2006 15070 2/17/2006 15071 2/17/2006 15072 2/17/2006 15073 2/17/2006 15074 2/17/2006 15075 2/17/2006 15076 Allina Education & Research Blue Tow Service Cameron Haapoja Cedar Creek Automotive, Inc. Comcast Connexus Energy David Bruder Emergency Apparatus Maintenance Fire Marshals Assn. of Minnesota Franklin Products League of Minnesota Cities Loffler Business Systems Metro Fire Milo Bennett Minnesota State Fire Chiefs Association MN Fire Agencies Purchasing Consortium MN Fire Service Certification Board North Memorial EMS Education Pearson Education Public Safety Center, Inc. Qwest Viking Office Products Xcel Energy Total --l5_ ACCOUNT 42190 - Fire Prevention Supplies 42000 - Vehicle Maintenance 42100 - Fuel and Lube 42000 - Vehicle Maintenance 42240 - Telephone 42252 - Station 1 - Electric 42100 - Fuel and Lube 42000 - Vehicle Maintenance 42200 - Dues and Memberships 42190 - Fire Prevention Supplies 42140 - Insurance Expense 42180 - Office Supplies Expense 42130 - Equipment Expense 42180 - Office Supplies Expense 42200 - Dues and Memberships 42200 - Dues and Memberships 42220 - Travel, Conference, School 42220 - Travel, Conference, School 42220 - Travel, Conference, School 42130 - Equipment Expense 42240 - Telephone 42180 - Office Supplies Expense 42254 - Station 2 - Electric AMOUNT 86.90 179.73 8.75 100.33 95.00 329.20 5.33 450.66 35.00 620.56 12,985.00 79.52 2,944.90 78.25 365.00 35.00 110.00 200.00 883.03 62.64 214.45 285.10 667.42 20,821.77 • • STAFF ORIGNINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: AGENDA ITEM 1B Julie Bartell, City Clerk February 27, 2006 Consider Resolution No. 06 -24, Approving Application for Tobacco License for Holiday Stationstore #376 (7509 Lake Drive) Simple Majority (3/5 Vote) BACKGROUND: The City has received an application for a Tobacco License from Holiday Companies, new owners of the gas station /convenience store facility at 7509 Lake Drive. Since the acquisition occurred on February 9, 2006 (prior to City Council consideration of a new license), the applicant also submitted a Management Agreement allowing for the previous owners to maintain responsibility for the existing tobacco license pending approval of a new license. City policy requires a background investigation for such a license application and the Lino Lakes Police Department has completed the background check and has found no reason to deny the license. A copy of the application and the results of the background check are on file in the city clerk's office. OPTIONS: 1. Approve Resolution No. 06 -24, application for Tobacco License for Holiday Stationstore #376 at 7409 Lake Drive 2. Deny Resolution No. 06 -24 RECOMMENDATION: 1. Approve Resolution No. 06 -05 • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 06 -24 APPROVING HOLIDAY COMPANIES APPLICATION FOR A TOBACCO LICENSE WHEREAS, Holiday Companies have submitted an application for a Tobacco License for Holiday Stationstore #376 at 7509 Lake Drive; and WHEREAS, Holiday Companies have paid the required fee, and WHEREAS, the City of Lino Lakes has conducted an investigation of the manager of the facility, and NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the request of Holiday Companies for a Tobacco License. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 27th day of February, 2006 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. ITEM 1C MINUTES OF THE CITY COUNCIL MEETING OF FEBRUARY 13, 2006 WILL BE DISTRIBUTED WHEN RECEIVED FROM TIMESAVERS AGENDA ITEM 1D STAFF ORIGINATOR David J. Pecchia, Public Safety Director /Chief of Police February 27, 2006 Expenditure of Drug Forfeiture Funds 3/5 DATE TOPIC VOTES REQUIRED: BACKGROUND We have had a long term relationship with the Forest Lake Area Youth Service Bureau who has provided Diversionary Services to the residents of Lino Lakes. The FLYSB funding was eliminated from the 2006 budget. This action will result in a substantial increase in user fees if we revert to a "non- supporting community" status from our current "supporting community" status. (See attachment listing program fees). The Forest Lake Area Youth Service Bureau program is instrumental in our ability to divert juveniles in our community from the Criminal Justice System. We request that the City Council approve our request to utilize the Drug Forfeiture fund in the amount of $5,000 to re- establish our standing as a "supporting community ". We further request an expenditure of an additional $1,500- $2,000 on updated exercise equipment and accessories for the Wellness Room. OPTIONS 1. Approve. 2. Return to staff for further information. RECOMMENDATION Option No. 1 FL AREA YOUTH SERVIC 5-3001n 5 15 d O gma a (3 g q roN G in - O D - D 0 t 0 0 C) 3 3 nKC 3 g ( N o O W = g. c <7 ado c �• -+ N N T yr o O co a o m c = wc9 0"*" a� (D b 3` 0' 0 fD (u , N o YD' cca Cn 0 I• - V 3 n O ash M OqS -oN N O 0 C) W (D (77 O b g m O 5. 04M j 131 N N ao : -ca= 3(Dw N O a g m5 3'3 3 q 0() m N ti y ID O C) 0 3 0 weJ6wd 'spun pue anNOMi to (o 3 0 S. 0 O 0. 3 3 3 0 (s1 n 0 c� am g' cn co C (D O w 0 O 0 C) 0 3 3 3 0 5 � N 4 CI. 4,A K 0� O N N (D M N 0 0 3 � o 0 (7 E 5N D1 0 m Ea a K1 mW b 0 0 3 (0 O 0 0 N semunwwo3 6uiioddns 00 O c O "O O Em a PAGE 02 • O CD 0 O 0 3 • 02/08/2006 23:38 6514643687 • • • FL AREA YOUTH SERVIC FOREST LAKE AREA YOUTH SERVICE BUREAU January - December 2005 Youth & Family Counseling/Groups 1 Truancy Response Services Community Justice /Diversion Prevention Services Tti'l- Parentln Services/ Adults Served Adult/Senior Volunteers /Job Connection _ 75:fkli CLAWS SERVO Other Parents/Youth /Community Community Events, Activities 29 41 71 4 78 36 136 250 Post -it" Fax Note 7671 PAGE 01 • • AGENDA ITEM 2A STAFF ORIGINATOR: Mary Alice Divine DATE: 2/27/06 TOPIC: Public Hearing: Consideration of Resolution No. 06- 34 approving a Tax Abatement and Business Subsidy for the Chain of Lakes YMCA VOTE REQUIRED: BACKGROUND: 3/5 In 1999 the City of Lino Lakes entered into an agreement to partner with the YMCA to bring a facility to Lino Lakes. The city committed $1.5 million toward construction of the facility, plus 6.7 acres of land and the cost of infrastructure to the facility. On July 25, 2005 the City Council approved a Tax Abatement District, using the mechanism of tax abatement as a source of funding for its commitment of $1.5 million toward construction of the facility. This Tax Abatement District encompassed the southern portion of the Legacy at Woods Edge development. Tax abatement is not an actual abatement of taxes. It is a financial tool that allows a city to allocate the city portion of taxes levied from a specific area of the city as the source of revenue to pay for bonds that have been issued for development purposes. Any source of revenue chosen by the city to meet its commitment to the YMCA will require an additional tax levy. Because a specific source of revenue for meeting the bond obligation has been allocated, the city can get a better interest rate on the bonds using the tax abatement tool. The YMCA has been fundraising in the community for approximately seven years. Together with the city's $1.5 million commitment, the YMCA's commitment of $2.5 million in debt financing, and local fundraising, the YMCA was able to raise approximately $6.3 million for construction of the facility. The YMCA determined that additional fundraising was not keeping pace with rising construction costs and it needed to build this year. In January, the city council approved a facility that did not include a leisure pool in the first phase of construction. The YMCA is anticipating beginning construction this spring in the Legacy at Woods Edge development, with a completion target in the winter of 2007. Proposed Alternative Development Scenario • The original intent of the partnership with the YMCA was to provide a community center within the "town center" of Lino Lakes. The city was not willing to commit taxpayers to approximately $8 million needed to provide a city -run community center, coupled with additional long term commitment of public dollars for operations and maintenance. The partnership with the YMCA was a way to provide this type of community amenity for one -third the cost of a public facility, with no risk of future operations cost. The YMCA also provides membership opportunities to low income residents. In addition, the city saw the YMCA as a vital Zink in attracting additional development to the downtown. The Hartford Group, master developer of the Legacy at Woods Edge project, considers the YMCA as a critical anchor within the mixed use downtown that is now under development. Staff has explored with the YMCA, Springsted, and Kennedy & Graven options that might be available to provide the size and type of facility that city council and the community had anticipated. It is estimated that currently $1,850,000 is needed to complete the building with the addition of the leisure pool. Part of the final 2005 agreement with the YMCA called for a 5 -year, 10 percent discount to Lino Lakes residents who purchased local memberships at the Chain • of Lakes YMCA. While this is a benefit to residents who join the Y, it restricts the ability of the YMCA to take on more debt, benefits only residents who become members, and does not apply to those who wanted memberships that included use of all Twin Cities YMCAs. If that portion of the agreement was eliminated, it would enable the YMCA to take on an additional $1 million in debt. • The city has also benefited from the development of Legacy at Woods Edge with Hartford Group as the master developers. If the YMCA had been constructed prior to Woods Edge being underway, the city would have been obligated for the costs of construction of Town Center Parkway, including improvements to the Lake Drive intersection, plus extension of utilities, to the YMCA site. The Woods Edge development required these infrastructure improvements, which are fully assessed to Hartford Group, thus relieving the city of that obligation. Considering that savings, the total city contribution, in today's dollars, remains approximately the same 30 cents on the dollar that was originally anticipated in 1999. Springsted updated its analysis of the capacity of the Tax Abatement District, based on assumptions of anticipated values and phasing of the southern portion of Woods Edge. A 15 -year abatement of taxes within the district will generate $2,406,845. The city is currently committed to 15 -years of abatement for its $1.5 million contribution. There is capacity available to provide the additional $850,000 to meet the current gap in funding. • Because the city is considering additional funding while losing its benefit of the 5 -year membership discount , the city has asked the YMCA to provide some additional benefits to all Lino Lakes residents. Staff and the YMCA are still working through these additional program opportunities. • • Providing an additional tax abatement to cover the costs associated with the city's partnership with the YMCA is considered a business subsidy under the Minnesota Business Subsidy Act. After closing the public hearing, the city council will consider a resolution that approves the use of $850,000 in tax abatement for the YMCA facility and a business subsidy to the YMCA. The resolution outlines the public purposes of the subsidy to further the city's recreational programs. EDAC Recommendation The Economic Development Advisory Committee reviewed the proposed tax abatement for completion of the leisure pool. EDAC took action supporting additional tax abatement for the YMCA project for the inclusion of a leisure pool and improved architectural design of the facility, but recommended that the abatement be contingent upon increased public access through, but not limited to, resident user fees for a negotiated period of time. Of the nine EDAC members, one was absent and one abstained. The final agreements and discussions regarding proposed programming opportunities for Lino Lakes residents are not complete. Therefore, staff is recommending that the public hearing be continued to the March 13, 2006 city council meeting. OPTIONS: 1. Open the public hearing and continue the hearing to March 13, 2006 2. Close the public hearing and take action on the abatement and business subsidy RECOMMENDATION: Option 1 • • • AGENDA ITEM 2B STAFF ORIGINATOR: Al Rolek DATE: 2/27/06 TOPIC: Public Hearing: Granting Approval of Issuance of Tax Exempt Revenue Notes for the benefit of YMCA VOTE REQUIRED: 3/5 BACKGROUND: The City has agreed to consider assisting the YMCA with financing its share of debt for the Chain of Lakes YMCA in Lino Lakes. Springsted, Inc., the city's financial consultant, has completed an analysis and recommends providing Tax Exempt Revenue Notes (conduit debt) in order to provide tax exempt financing to the YMCA. This is a financial savings to the YMCA and provides additional protections to the city for its investment in the construction of the facility. Because the public hearing regarding the tax abatement and business subsidy agreement with the YMCA is being continued until March 13, 2006, staff is recommending that this public hearing also be continued to that date. OPTIONS: 1. Open the public hearing and continue the hearing to March 13, 2006 2. Close the public hearing and take action on issuance of tax exempt revenue notes 3. RECOMMENDATION: Option 1 AGENDA ITEM NO. 5A • STAFF ORIGINATOR: Rick DeGardner, Public Services Director COUNCIL MEETING DATE: February 27, 2006 • TOPIC: Consideration of Resolution 06 -07, Approving 2006 Park Board Goals VOTE REQUIRED: Simple Majority BACKGROUND: The Park Board has recommended to the City Council the following goals for 2006: ■ Birch Street Trail in Front of Rice Lake Elementary School Connecting Both Trails Along North Side of Birch Street and Underpass • Open Air Shelter at Behm's Park • Open Air Shelter at Highland Meadows Park Birch Street Trail in Front of Rice Lake Elementary School Connecting Both Trails Along North Side of Birch Street and Underpass ($170,000) - There is currently a "gap" within the Birch Street trail in front of Rice Lake Elementary School. This project would essentially provide a complete, uninterrupted transportation trail along the north side of Birch Street from Hodgson Road to Sherman Lake Road. In addition, the proposed trail will also connect to the underpass which will provide direct access to /from the trail along the south side of Birch Street (Hodgson to Fawn Lane). Open Air Shelter at Behm's Park ($30,000) - This six acre park consists of playground equipment, 1/2 court basketball court, open play area, looped trail, and a natural prairie area. This heavily used park is also one of the most popular sites for our summer playground program. Behm's Park most visible shortcoming is lack of shade. An open air shelter will be well utilized by area residents as well as our summer playground participants. Open Air Shelter at Highland Meadows Park ($30,000) - This four acre park consists of playground equipment, 1/2 court basketball court, open play area, and looped trail. This park is also enjoyed by area residents as well as our summer playground program. Highland Meadows Park is also lacking shade. An open air shelter will be a tremendous asset for this neighborhood park. Funding for the above goals will be from the Dedicated Parks Fund. RECOMMENDATION: 411 It is my recommendation that the City Council approves Resolution 06 -07, approving the 2006 Park Board Goals and authorizes staff to implement the goals as presented. 2/22/2006 C: \Documents and Settings\rick.degardner \Desktop \greensheet 2006 goals.doc • • • CITY OF LINO LAKES RESOLUTION NO. 06-07 RESOLUTION APPROVING 2006 PARK BOARD GOALS WHEREAS, The Park Board advises the City Council on matters of park acquisition and development; AND WHEREAS, The Park Board has recommended to the City Council the following goals for 2006: • Birch Street Trail in Front of Rice Lake Elementary School Connecting Both Trails Along North Side of Birch Street and Underpass $170,000 • Open Air Shelter at Behm's Park $30,000 • Open Air Shelter at Highland Meadows Park $30,000 AND WHEREAS, Funding for the above goals will be from the Dedicated Parks Fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That the 2006 Park Board Goals be adopted and the City Council directs staff to implement the goals listed above. Adopted by the Lino Lakes City Council this 27th day of February, 2006. Julianne Bartell, City Clerk John Bergeson, Mayor AGENDA ITEM 5B STAFF ORIGINATOR: Rick DeGardner, Public Services Director • MEETING DATE: February 27, 2006 TOPIC: • Consideration of Resolution 06 -37, Approving National Sports Center Super Rink Expansion Guarantee Agreement VOTE REQUIRED: Simple Majority BACKGROUND The City Council approved Resolution 06 -28, Approving City Participation in the Super Rink Expansion Project at the February 13, 2006 city council meeting. The requested action this evening is to approve the master agreement that outlines the details within Resolution 06 -28, the information discussed at the January 18 and February 8 work sessions, as well as the February 13 city council meeting. In summary, the Minnesota Amateur Sports Commission (MASC) and National Sports Center (NSC) have proposed constructing and operating a facility consisting of four new ice sheets to the Super Rink on the property of the National Sports Center located in Blaine, Minnesota. The City of Lino Lakes, along with the cities of Circle Pines and Centerville, has been requested to participate with the Centennial Youth Hockey Association (CYHA) in the financing of the expansion and operations of the facility. In addition to use by the hockey association, the public will have access to the facility for public skating, senior skating, figure skating, skating lessons, as well as various hockey and broomball leagues. As reviewed at the February 13, 2006 city council meeting, the city of Lino Lakes is to provide a capital contribution of $72,000 over a three year period ($24,000 in 2007, 2008 and 2009) payable directly to the National Sports Center Construction Fund. In addition, the participating entities are also required to back up to 1,340 hours of ice rental income to cover any unsold hours during the months of September through March over the 20 year repayment period. In 2005, each of the four sheets of ice at the NSC experienced approximately 2,800 hours of use. The City of Lino Lakes' commitment of guaranteed hours is 346 hours per year. Section 5 - Special Terms outlines the provisions that the city of Lino Lakes is entitled to including one free skating session, 216 annual free skating passes, and the city's recognition on the exterior and inside of the building. Attached is an analysis that was prepared by Ehlers and Associates, Inc. The analysis focuses on the financing, past utilization, and projected revenue /expenses of the Super Rink facility. The city attorney has also reviewed the attached agreement. OPTIONS 1. Approve Resolution 06 -37. • 2. Do not approve Resolution 06 -37. 3. Return to staff for further review. RECOMMENDATION Option 1 Council Member introduced the following resolution and 1111 moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -37 RESOLUTION APPROVING NATIONAL SPORTS CENTER SUPER RINK EXPANSION GUARANTEE AGREEMENT WHEREAS, The City Council approved Resolution 06 -28, Approving City Participation in the Super Rink Expansion Project at the February 13, 2006 city council meeting; and WHEREAS, The National Sports Center Super Rink Expansion Agreement outlines the commitments and obligations between the city of Lino Lakes, the Minnesota Amateur Sports Commission (MASC) the National Sports Center Foundation (NSCF). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY • OF LINO LAKES, MINNESOTA. • 1) The City hereby determines and agrees to participate in the Super Rink Expansion Project as indicated in the National Sports Center Super Rink Expansion Agreement. Adopted by the Lino Lakes City Council this 27th day of February, 2006. 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: Whereupon said resolution was declared duly passed and adopted. -3CL • • NATIONAL SPORTS CENTER SUPER RINK EXPANSION GUARANTEE AGREEMENT THIS AGREEMENT is made this day of March 2006, by and between the State of Minnesota acting through the Minnesota Amateur Sports Commission ( "MASC "), the National Sports Center Foundation ( "NSCF "), a Minnesota non -profit corporation, and the City of Lino Lakes ( "City of Lino Lakes "). WITNESSETH: WHEREAS, MASC, pursuant to Minnesota Statutes Chapter 240A, has the authority to design, construct, own and operate an ice arena and auxiliary facilities; and WHEREAS, MASC has determined the need for additional ice sheets at the Schwan Center, and has requested the issuance of tax exempt bonds ( "Bonds ") by the Anoka County Housing and Redevelopment Authority ( "ACHRA ") for the purpose of assisting in the financing of an additional ice arena ( "Facility ") consisting of at least four ice sheets to be located on property ( "Property ") owned by the MASC at the National Sports Center ( "NSC ") at 1700 — 105th Avenue NE, Blaine, Minnesota; and WHEREAS, it is contemplated that the total cost of the Facility including the cost of the design, construction and securing financing will be approximately $11,100,000.00; and WHEREAS, the ACHRA has agreed to issue Bonds for the purpose of financing a portion of the construction of the Facility pursuant to certain terms and conditions all to be set forth in various bond documents ( "Bond Documents "); and WHEREAS, the Property has been leased by MASC to ACHRA in connection with the issuance of the Bonds; and WHEREAS, ACHRA has subleased the Property to the NSCF; and WHEREAS, pursuant to the sublease, the NSCF is responsible for the construction and operation of the Facility; and WHEREAS, the Centennial Youth Hockey Association ( "CYHA "), a Minnesota non - profit corporation, has entered into an ice sheet rental agreement ( "Ice Sheet Rental Agreement ") with NSCF and MASC through which CYHA will receive certain priority rights in scheduling and purchasing up to 1,340 ice sheet hours per year in return for agreeing to purchase each year a minimum of 860 ice sheet hours. The City of Lino Lakes is willing to assist in the financing of the Facility by guaranteeing each year 72% of the 1340 ice sheet hours and in consideration of the CYHA guarantee of 860 hours, the remaining hour guarantee would be 72% of 480 hours annually. Draft 02/22/2006 3,5 - NOW THEREFORE, for good and valuable consideration the parties hereto • hereby agree as follows: • • SECTION 1 TERM This Agreement shall be effective as of the date set forth above, and shall terminate on the earlier of January 1, 2026, or the final maturity date of the Bonds. In the event the Bonds are redeemed prior to the final maturity date, this Agreement shall still remain in effect until January 1, 2026. SECTION 2 GUARANTEE OBLIGATION 2.1 Centennial Cities. The Centennial Cities (the cities of Lino Lakes, Centerville and Circle Pines) agree to guarantee for each year during the term of this Agreement, rental income to the Facility at the Hourly Rate for the one thousand three hundred forty (1340) Priority Hours. This guarantee obligation shall be allocated to each member city as follows: Lino Lakes (72 %), Centerville (16 %), and Circle Pines (12 %). It is acknowledged that CYHA has entered into an Ice Sheet Rental Agreement with NSCF to guarantee 860 of these 1340 hours. SECTION 3 NOTIFICATION 3.1 Notification. On or before June 1 of each year, NSCF shall provide to the City of Lino Lakes a written notification ( "Notice ") if any portion of the 1360 ice sheet hours have not been committed to in the manner provided for by the joint board. 3.2 Right to call for Joint Board Meeting. The City of Lino Lakes shall have thirty (30) days from the date of the Deficiency Notice to request in writing that the NSCF call a meeting of the Joint Board for the sole purpose of exploring any available opportunities for the sale of all or any portion of the Uncommitted Hours. Upon receipt of such written request for a meeting of the Joint Board, NSCF shall schedule a meeting as soon as practical and notify the City of Lino Lakes of the date of such meeting. 3.3 Payment of Deficiency. As soon as practical after March 31 of each year, NSCF shall provide to the City of Lino Lakes written notification of the number of Uncommitted Hours that remained unsold as of March 31 and the dollar amount due ( "Deficiency Assessment ") NSCF based on the Regular Hourly Rate. Payment by the City of Lino Lakes of the Deficiency Assessments shall be made within thirty (30) days of its receipt. Draft 02/22/2006 SECTION 4 ESTABLISHMENT OF JOINT BOARD • • • 4.1 Joint Board. NSCF and MASC agree to the establishment of a joint board ( "Joint Board ") consisting of one member appointed by the Blaine Youth Hockey Association, one member appointed by the Centennial Youth Hockey Association, two members appointed by the NSCF, and 2 members appointed by the MASC. MASC may also appoint non - voting ex- officio members as needed. With respect to the two members to be appointed by the NSCF, one such member shall be appointed to represent the interest of the users of the Columbia Ice Arena and one such member shall be appointed to represent the interests of the Herb Brooks Foundation. 4.2 Powers of Joint Board. The Joint Board shall exercise the following powers and such other powers as are set forth in the Ice Sheet Rental Agreement or as may be required by any of the Bond Document: (a) Establish procedures for the fair and equitable exercise of rights relating to the Ice Sheet Rental Agreement. (b) Approval of an annual operating budged consistent with the Ice Sheet Rental Agreement and the Bond Documents. (c) Establish fair and equitable use and programming policies and procedures not covered by and not inconsistent with the Ice Sheet Rental Agreement and the Bond Documents. (d) Recommend programming decisions. (e) Establishing the Regular Hourly Rate. SECTION 5 SPECIAL TERMS 5.1 Scheduling Rights for the Centennial Cities. Each city member of the Centennial Cities shall be entitled to the following: (a) The right to schedule one fall session for free skating. (b) 300 single use passes for open skating on an annual basis. Distributed as follows; 216 to Lino Lakes, 36 to Circle Pines and 48 to Centerville. (c) The right to schedule and purchase up to 12% of CYHA 1340 hours if requested by April 1st prior to each season and shall be prorated as per each cities Proportionate Share. 5.2 Additional Rights for Centennial Cities. If subsequent to the date of this Agreement, a Minnesota Hockey Association sanctioned club /association is organized to serve all or part of a city member of the Centennial Cities, the Centennial Cities may, at Draft 02/22/2006 3 —35� • • their discretion, choose to assign a portion of the Priority Hours that CYHA has under Section 3.2(c) to the new association. 5.3 Recognition for the Centennial Cities. The Centennial Cities shall receive recognition in 2 locations; on the exterior of the building and inside the entrance to the building. 5.4 Centennial City Payments. The Centennial Cities have set a goal to contribute the sum of $100,000 towards the construction of the Facility. Any payments made pursuant to this pledge shall be paid directly to the NSCF Construction Fund and CYHA shall receive a credit for such payments. a. The city of Lino Lakes shall make a capital contribution to the project of $72,000 as per the following payment Schedule. January 15, 2007 $24,000, January 15, 2008, $24,000 and January 15, 2009, $24,000. SECTION 6 rDE 'AULT/REMEDIES``;rte SECTION 7 MISCELLANEOUS TERMS 7.1 Observance of Laws. NSCF and MASC will observe all applicable laws, regulations, ordinances and orders of the United States, the State of Minnesota and agencies and political subdivisions thereof and each department or agency thereof, applicable to Facility. NSCF and MASC shall have the right to contest by appropriate procedures the adoption, validity or applicability of any laws, regulations, ordinances and orders referred to in this Section and to delay compliance therewith, without violating the provisions of this Section, if the procedures taken by NSCF or MASC to contest the validity or applicability of any such law, regulation, ordinance or order are appropriate and have the effect of staying the finality and enforceability thereof against NSC or MASC. 7.2 Amendments. This Agreement may not be amended, changed, modified, altered or terminated without the prior written consent of the NSCF, MASC and the City of Lino Lakes. 7.3 Waiver and Cumulative Rights. No waiver of any breach of this Agreement by a party shall be considered to be a waiver of any other subsequent breach, and no right or remedy herein conferred upon or reserved under this Agreement is intended to be exclusive of any other right or remedy. 7.4 Governing Law. This Agreement shall be governed and interpreted under the laws of the State of Minnesota. Draft 02/22/2006 4 — 3S+ — • • 7.5 Authorization for Agreement. Each of the parties to this Agreement warrant and represent that it has full power and authority to enter into this Agreement and carry out its obligations hereunder and that it has taken all action necessary to permit its execution and fulfillment of this Agreement. 7.6 Not Joint Venturer. The City of Lino Lakes shall not by reason of any provision of this Agreement be or be deemed to be a joint venturer with or partner or agent of NSCF or MASC. 7.7 Assignment. This Agreement may not be assigned in whole or in part by any party without the prior written consent of the non - assigning parties, except that NSCF or MASC may assign this Agreement in whole or part to the Trustee under the Bonds or its successor and NSCF may assign any of its rights and obligations under this Agreement to the MASC. 7.8 Audits. All books, records, documents and accounting procedures and practices of the parties relating to this Agreement shall be subject to examination by the MASC, or other state agency as may be required by law. Draft 02/22/2006 5 • • • Minnesota Amateur Sports Commission National Sports Center Foundation By By Its Its City of Lino Lakes By Its Draft 02/22/2006 6 • FEB. 17.2006 5:18PM EHLERS & ASSOCS. NO. 3947 P. 2 FREERS & ASSOCIATES INC Q To: Tim Yantos, Executive Director From: Mark Ruff & Jessica Cook W E Date: February 13, 2006 Subject NSCF Expansion of Four Sheet Ice Arena Facility in Blaine Project Overview In 1997, the Anoka County FIRA issued $8,440,000 Ice Arena Revenue Bonds (the "1997 Bonds ") secured by the general obligation of Anolca County under the "Mighty Ducks" legislation to fund the construction of a four sheet ice arena. The four sheets, known as the "Super Rink" cost a total of $11,375,000, with the non -bond amount funded by Mighty Ducks grants and funds from the user groups. The facility is owned and operated by the Minnesota Amateur Sports Cormnission (MASC) and its affiliate non - profit, the National Sports Center Foundation (NSCF) on their Blaine campus. Three of the four sheets were "owned" by cities with priority rights to ice time. The three city rinks also carried a pledge to the HRA and County to rent a minimum of 2080 hours per rink and to fund any operating cost shortfalls proportional to not renting the minimum number of hours. MASC pledged to guarantee the hours for the fourth rink and to increase the rented hours on each rink to 2,800. The original four sheets have operated successfully for seven years. Exhibit A contains NSCF's historical accounting for revenues and expenditures for the original four sheets. In 2005, MASC requested proposals from construction firms and developers to purchase the Columbia Arena site and to construct four additional sheets of ice adjacent to the Super Rink. Kraus Anderson was the successful bidder, but made its $3,000,000 purchase price of Columbia and its $10,000,000 construction bid contingent upon commencement of construction in 2005 with completion in October, 2006. Source and Uses for Second Four Sheets Sourc: Funds Par Amount ds Farmer Contrib Sale of Columbia Total Sources - Uses Of Funds Total Underwriter's Discount Costs of Issuance_ Deposit to Debt Servic - e Fund (D Deposit to Capital .• terest (CIF) Fund Deposit to Pr.' •nstruction Fund_ _ Conti P.oun• _ ount Total Uses 6,600,000.00 1,500,000.00 3,000,000.00 511,1001000.00 79,200.00 75 ,000.00 263,420.85 175,121.78 10,500.000.00 5,000.00 2,257.37 511,100,000.00 LEADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive Roseville, MN 55113 -1105 Phone: 651- 697 -8505 Fax: 651- 697 -8555 mark @ehlers- inc.com • • • FEB. 17. 2006 5:21PM EHLERS & ASSOCS. NO. 3948 P. 2/6 FINAL PRICING Anoka County Housing and Redevelopment Authority, Minnesota • S6, 600, 000.00 Ice Arena Lease Revenue Bonds, Series 2006A SOURCES & USES Dated 03/21/2006 Delivered 03/21/2006 SOUOCES OF FUNDS Par Amount of Bonds 56,600,000.00 Sale of Columbia Arena. 3,000,000.00 Partner Contributions 1,500,000.00 Reoffering Premium. 26,287.20 TOTAL SOURCES $11,126,287.20 USES OF FUNDS Deposit to Project Construction Fund 10,570,000.00 Deposit to Debt Service Reserve Fund (DSRF) 255,138.75 Deposit to Capitalized Interest (CIF) Fund 148,775.93 Costs of Issuance 83,000.00 Total Undcrwriter's Discount (1.000 %) 66,000.00 Rounding Amount. 3,372.52 TOTAL USES 511,126,287.20 Oppenheimer & MAUNA LEASE - 2- 8 -06.SF -Ice Arena Lease Revenue Bonds - Final- SINGLE PURPOSE Fixed Income Investment Banking 2/16/2006 11:37 AM ?,C.1 Page 1 • • • FEB. 17.2006 5:18PM EHLERS & ASSOCS. Na 3947 P. 3 One of the benefits of the sale of the Columbia Arena is that the second four sheets will carry a reduced debt load compared to the Super Rink debt. The $3,000,000 of cash from the sale of Columbia plus a minimum of $1,500,000 of cash from user groups purchasing ice time rights for the facility will result in a decreased debt burden for the facility. Another consideration of the sale and subsequent demolition of Columbia is that there is only a net increase of two sheets of ice in the County with the new facility. Structure of the 2006 Bonds In the fall of 2005, MASC/NSCF have requested the HRA and County to again participate in the financing of the new four sheets through the issuance of $6,600,000 Ice Arena Revenue Bonds (the "2006 Bonds'). The 2006 Bonds are expected to carry an interest rate at slightly less than 5 %. Final interest rates on the Bonds will not be set until approximately February 15, when approvals from all governmental bodies have been secured, including the County Board on February 14. The original 1997 Bonds carry a term of 25 years, with a final payment in February 1, 2023. The 2006 Bonds will carry a 20 year terra with the final payment in March, 2026. Interest on the 2006 Bonds will be capitalized through October, 2006 when the facility opens_ The projected debt service schedule is found in Exhibit B Security for the 2006 Bonds Because the Mighty Ducks legislation has sunset, the HRA and County have chosen to finance the project through lease revenue bonds rather than with a general obligation pledge. Nevertheless, the structure of the bond issue proposed for 2006 is similar to the structure of the 1997 Bonds. The HRA will issue approximately $6,600,000 in Bonds and lease the facility to the County. The County lease is the primary security for the bondholders. The bondholders assume that the County will appropriate funds to make up any shortfall in debt service from the facility. While the County has the right to annually decide if it will appropriate funds for a shortfall, a failure to pay bond holders would likely result in a significant reduction in the County's "Aa3" G.O. bond rating. The County in turn will sublease the facility to the NSCF. The NSCF has agreed to pledge its gross revenues to the Bonds as well as operating pledges from cities for two of the sheets of ice. The pledges from the cities are not expected to cover as many hours as was found in the first Super Rink. Blaine has agreed to rent a minimum of 1,340 hours in its second sheet for its figure skating and other youth hockey. Lino Lakes, Centerville, and Circle Pines are schedule to vote on a collective minimum of approximately 1,300 hours. Exhibit C has the latest estimates for potential prepared by MASC for the potential user groups. The total number of hours is not a projection, but is a composite of potential user groups for each of the four rinks. The debt service reserve for the 2006 Bonds is a requirement of the marketplace. It is security for the bond holders to be used only if the County does not appropriate for any debt service payment. If MASC/NSCF does not make monthly payments, we advise the County and HRA to not rely upon the debt service reserve to make payments to the bond trustee. Page 2 • • • FEB. 17. 2006 5:18PM EHLERS & ASSOCS. Na 3947 P. 4 Sources of Revenue Exhibit D shows the NSCF projections for the first year of operations and a stabilized income projection in 2011 compared to the 2004/05 Super Rink actual performance. The second four sheets are projected to produce $700,000 less in net revenue than the Super Rink, primarily because ice rentals hour expected to be less. The first Super Rink was built with sand floors. The second four rinks are anticipated to be used for non ice recreation and events in the spring and summer. The reason that MASC/NSCF is asking for a lower number of hours from the cities is that a wider variety of ice users is expected and because dry floor recreation in the summer is also expected to be a revenue generator, though at a lower rate. Exhibit E has a schedule with the first year estimates for ice and for dry floor rentals. Analysis The commitments for ice time are very fluid at this time. Commitments for ice time of 1,340 hours for two of the ice sheets will be the only long-term guarantees by the time of bond closing. The Herb Brooks Foundation has indicated that it will provide up -front cash for a portion of the four sheet facility and construct its own training center adjacent b the new four sheets. MASC/NSCF have demonstrated a long list of potential user groups, many of which will be relocating from Columbia arena. Fundraising for these efforts are not complete. The County's actual security, however, rests more on trust in the experience of MASC/NSCF in operating similar facilities than any guarantees from user groups at this time. If the financing could wait for six months to a Year, the actual list of user groups. the amount of ice time versus dry floor uses and a more detailed operating cost schedule would be available. MASC/NSCF have decided the benefits of a lower construction contract and current low interest rates outweigh the risks associated with a fluid list of users. The County and HRA also should weigh those factors. The potential viability of the second four sheets is bolstered by the fact that fixed costs should be less. Debt service on the second four sheets will be $125,000 to $135,000 less than the original Super Rink. One can assume that economies of scale will result in lower operating costs for both facilities due to sharing of staff. We have reviewed the revenue and expense projections for the project and find them to be reasonable, given the NSCF past history of efficient operation of a wide variety of recreational facilities. A topic of concern at this time is the adequacy of replacement reserves for this facility and for the original Super Rink. We would recommend that each five years the MASC and NSCF be required to submit a report to the HRA detailing the need for capital improvements for the next 10 years following the report and a plan for funding the necessary improvements. We recommend these actions for both facilities. Bond Rating We expect that Moody's Investor's Service will rate the Bands at an "A2" level. Rating agencies typically reduce the rating on lease revenue bonds by one or two notches from a general obligation bond rating. The Bonds will likely be two notches below because they are funding a recreational facility rather than a more "essential" facility such as a building which houses the county courts or administration, Debt Limit Bond counsel has indicated that the Bonds will count against the county's total debt limit. Currently, the county has over 5390,000,000 in remaining debt limit. Page 3 2 L. FEB. 17. 2006 5:19PM EHLERS & ASSOCS. • • Na 3947 P. 6 g ti 4 EiRrag IVO N O O �Y� — K _ iii o >V ;$ .gs F v a f _ s •N . ., g^ s Elm 's P 3 ilti143E8P34143 ^ e 4 X. '6 $ t :h- 3 .i' g x 2 a( - gx�Sx- tteaN�i_ A g a mg st o)-_t2 4— taa =IES .. _ 6� �,°t 2 r4Eq e 4 a 8 s1p1351aRki° k I 154E I a „.$ .. ?4 ii 3 r4Eq e 4 a 8 s1p1351aRki° k I 154E I �•P5'd 3 o�_ts '-E E g"gi -a Zg -ti -. i _ - 1117 "� '�8� gM -t 1 P gg g x �: oas �s $ ,,F rid • _ -'a=sh° E, g ” -g 4 -14 atget4t R Q Z. Z = 4 - 22 1 7 I ! Ill f Alt win c. LL83 1 F 4 11 i 11 n E I 1 f dpi 3Z 111:el tit �.1 Z11111 1 L $, ii _3S �L-- tit n m FEB. 17. 2006 5:21PM EHLERS & ASSOCS. NO. 3948 P. 3/6 • FINAL PRICING • Anoka County Housing and Redevelopment Authority, Minnesota $6,600,000.00 Ice Arena Lease Revenue Bonds, Series 2006A NET DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P4-I DSR CIF Net New D/S FISCAL TOTAL 3/21/2006 - 9/15/2006 - 135,455.38 135,455.38 - (135,455.38) - 3/15/2007 140.126.25 140,126.25 - (23,354.39) 116,771.87 9/15 /2007 - - 140,126.25 140,126.25 (5,102.78) - 135,023.47 3/15/2008 225,000.00 4.000% 140,126.25 365,126.25 (5,102.78) 360,023.47 9/15/2008 135,626.25 135,626.25 (5,102.78) 130,523.47 3/15/2009 235,000.00 4.000% 135,626.25 370,626.25 (5,102.78) 365,523 .47 9/15/2009 130,926.25 130,926.25 (5,102.78) 125,823.47 3/15/2010 245,000.00 4.000% 130,926.25 375,926.25 (5,102.78) - 370,823,47 9/15/2010 126,026.25 126,026.25 (5,102.78) 120,923.47 3/15 /2011 255,000.00 4.000% 126,026.25 381,026.25 (5,102.78) 375,923.47 9/152011 120,926.25 120,926.25 (5,102.78) 115,823.47 3/15/2012 265.000.00 4.000% 120,926.25 385,926.25 (5,102.78) 380,823.47 9/15/2012 115,626.25 115,626.25 (5,102.78) 110,523.47 3/15 /2013 275,000.00 4.000% 115,626.25 390,626.25 (5,102.78) 385,523.47 9/15/2013 110,126.25 110,126.25 (5,102.78) 105,023.47 3/1512014 290,000.00 4.000% 110,126.25 400,126.25 (5,102.78) 395,023.47 9/15/2014 104,326.25 104,326.25 (5,102.78) 99,223.47 3/15 /2015 300,000.00 4.000% 104,326.25 404,326.25 (5,102.78) 399,223 .47 9/15/2015 98,326.25 98,326.25 (5,102.78) 93,223 .47 3/152016 310,000.00 4.000% 98,326.25 408,326.25 (5,102.78) 403,223.47 9/15/2016 - 92,126.25 92,126.25 (5,102.75) 87,023.47 3/15 /2017 325,000.00 4.300% 92,126.25 417,126.25 (5,102.78) 412,023.47 9/15/2017 85,138.75 85,138.75 (5,102.78) 80,035.97 3/15/2018 340,000.00 4.300% 85,138.75 425,138.75 (5,102.78) 420,035.97 9/15/2018 77,828.75 77,828.75 (5,102.78) 72,725.97 3/15/2019 350,000.00 4.300% 77,828.75 427,828.75 (5.102.78) 422,725.97 9/15 /2019 - 70,303.75 70,303.75 (5,102.78) 65,200.97 3/15/2020 365,000.00 4.300% 70,303.75 435,303.75 (5,102.78) 430,200.97 9/15/2020 - 62,456.25 62,456.25 (5,102.78) 57,353.47 3/15/2021 385,000.00 4.300% 62,456.25 447,456.25 (5,102.78) 442,353.47 9/15/2021 54,173.75 54,178.75 (5,102.78) 49,075.97 3/15/2022 400,000.00 4.450% 54,178.75 454,178.75 (5,102.78) 449,075.97 9/15/2022 - - 45,273.75 45,278.75 (5,102.78) - 40,175.97 3/15/2023 415,000.00 4.450% 45,278.75 460,278.75 (5,102.78) - 455,175.97 9/15/2023 36,045.00 36,045.00 (5,102.78) 30,942.22 3/15/2024 435,000.00 4.450% 36,045.00 471,045.00 (5,102.78) 465.942.22 9/15/2024 26,366 -25 26,366.25 (5,102.78) 21,263.47 3/15 /2025 455,000.00 4.450% 26,366.25 481,366.25 (5,102.78) 476,263.47 9/15 /2025 16,242.50 16,242.50 (5,102.78) - 11,139.72 3/15/2026 730,000.00 4.450% 16,242.50 746,242.50 (260,241.53) 486,000.97 116,771.87 495,046.94 496,046.94 496,646.94 496,846.94 496,646.94 496,046.94 500,046.94 498,446.94 496,446.94 499,046.94 500.071.94 495,451.94 495,401.94 499,706.94 498,151.94 495,351.94 496,884.44 497,526.94 497,140.69 Total 6,600,000.00 3,571,584.13 10,171,584.13 (449,044.39) (158,809.76) 9,563,729.98 • Oppenheimer & Co. Inc1 i1e = ICE ARENA LEASE - 2- S -06.SF -Ice Arena Lease Revenue Bonds - Final- SINGLE PURPOSE Fixed Income Investment Banking 2/16 /2006 11:37 AM FEB. 17. 2006 5:22PM EHLERS & ASSOCS. NO. 3948 P. 4/6 FINAL PRICING Anoka County Housing and Redevelopment Authority, Minnesota $6,600,000.00 Ice Arena Lease Revenue Bonds, Series 2006A PRICING SUMMARY Maturity Type of Bond Coupon Yield Maturity Value Price Dollar Price 3/15/2008 Swill Coupon 4.000% 3A00% 225,000.00 101.140% 227,565.00 3/15/2009 Serial Coupon 4.000% 3.500% 235,000.00 101.404% 238,299.40 3/15/2010 Serial Coupon 4.000% 3.600% 245,000.00 101.471% 248,603.95 3/15/2011 Serial Coupon 4.000% 3.650% 255,000.00 101381% 259,031.55 3/15/2012 Soria1 Coupon 4.000% 3.700% 265,000.00 101.596% 269.229.40 3/15/2013 Serial Coupon 4.000% 3.800% 275,000.00 101.216% 278,344.00 3/15/2014 Serial Coupon 4.000% 3.850% 290,000.00 101.021% 292,960.90 3/15/2015 Serial Coupon 4.000% 3.900% 300,000.00 100.751% 302,253.00 3/15/2016 Serial Coupon 4.000% 4.000% 310,000.00 100.000% 310,000.00 3/15/2021 Tenn 1 Coupon 4.300% 4.300% 1,765,000.00 100.000% 1,765,000.00 3/15/2026 Tam 2 Coupon 4.450% 4.450% 2,435,000.00 100.000% 2,435,000.00 Total 6,600,000.00 6,626,287.20 BID INFORMATION Par Amount of Bonds 56,600,000.00 Reoffering Premium or (Discount) 26,28'7.20 Gross Production 56,626,287.20 Total Underwriter's Discount (1.000 %) 5(66,000.00) Bid (99.398 %) 6,560,287.20 Total Purchasc Pricc $6,560,287.20 Bond Year Dollars 582,555.00 Average Life 12.508 Years Average Coupon 4.3263087% Net Interest Cost (NIC) 4.3744133% True Interest Cost (TIC) 4.3778311% Oppenlaatiltr &1I hENA LEASE - 2- 8 -06.SF -Ice Arena Lease Revenue Bonds - Final- SINGLE PURPOSE Fixed Income Investment Banking 2/16/2006 11:37 AM • FEB. 17. 2006 5:20PM EHLERS & ASSOCS. NO. 3947 P. 10 Super Rink Expansion Status Report January 12, 2006 Annual User Group Ice Hour Commitments Rink 5 Bethel College 400 • Tri City High School 400 Tri City Youth Hockey 440 NSC Tournaments 60 Adult Hockey 120 NSC Leagues 300 Figure Skating 120 2080 Rink 6 Centennial Youth Hockey 860 • High School use 400 Adult Hockey 120 NSC Tournaments 60 NSC Leagues 300 Figure Skating 120 2080 Rink 7 Blaine Youth Hockey 860 High School use 400 NSC Tournaments 60 Adult Hockey 120 1340 Rink 8 Herb Brooks Foundation 430 Forest Lake Youth Hockey 430 High School use 400 NSC Tournaments 60 Adult Hockey 120 1340 Total 6840 FEB. 17.2006 5:22PM • SUPER RINK EXPANSION • • EHLERS & ASSOCS. NO. 3948 P. 5/6 REVENUE ICE RENTALS (detail below) SPORT FLOOR RENTALS (detail below) NON SPORT FLOOR RENTALS TICKETS PARTICIPANT FEES FOOD /BEVERAGE DORMITORY MERCHANDISE COMMISSIONS REIMBURSED EXPENSES INTER -CO SALES $ $ 5 $ TOTAL REVENUE: $ COST OF EVENTS /PROGRAMS EQUIPMENT /FACILITY RENTAL EVENT /PROGRAM LABOR EVENT /PROGRAM SUPPLIES FOOD /BEV PURCHASES PROMOTIONAL (MERCH/PRINTING) LICENSES/COMMISSIONS IN -KIND EXPENSE INTER -CO EXPENSE $ $ 5 TOTAL COST OF EVENTS/PROGRAMS: $ GROSS MARGIN: OPERATING EXPENSES ADVERTISING REGULAR FULL-TIME WAGES REGULAR PART -TIME WAGES PAYROLL TAX & WKRS COMP INS BENEFITS TRAVEUMEETING/TRAINING EXP RENTS AND LEASES OUTSIDE SERVICES TELEPHONE DEPRECIATION OFFICE SUPPLIES /PRINTING SUPPLIES /MISC LICENSES /LEGAL & AUDIT POSTAGE/DELIVERY/SHIPPING REPAIRS AND MAINTENANCE UTILITIES IN -KIND EXPENSE Schwan's Super Rink October 2004 to September 2005 1,598,163.12 S S S $ 5 441,301.18 $ 410.55 37,277.60 $ 21,520.16 2,096,672.63 $ 2,313.00 100,058.13 $ 2,529.71 165,014.47 $ 450.00 1,060.00 271,425.31 $ $ 1,827,247.32 $ TOTAL OPERATING EXPENSES: $ TOTAL OPERATING INCOME: $ INT INC/EXP,TAXES,BANK FEES SPONSORSHIPS /IN -KIND CONTR MISC INC/EXP ALLOCATIONS 2,334.45 5 185,996.57 $ 169,376.61 5 70,613.97 $ 32,394.64 $ 7,722.44 5 629,183.85 $ 56,592.90 $ 3,771.16 $ 63,362.35 $ 4,366.46 $ 56,116.22 $ 1,325.90 5 496.13 5 68,272.55 $ 331,506.40 $ 1,683,432.62 $ 143,814.70 $ $ (552.76) $ $ 169,999.61 5 $ (146.66) $ (151,639.05) $ NET INCOME $ Proposed 4 Sheet Expansion October 2006 to September 2007 1,193,940.00 117,920.00 62,000.00 $ 5 70,000.00 $ 5 10,000.00 $ S $ 1,453,860.00 $ 9,000.00 $ 5 $ $ $ 9,000.00 $ 1,444,860.00 $ 4,000.00 75,000.00 135,000.00 26,142.00 14,100.00 1,200.00 524,555.00 50,000.00 1,200.00 2,000.00 500.00 45,000.00 1,250.00 500.00 40,000.00 250,000.00 1,170,447.00 $ 274,413.00 $ (9,000.00) $ 100,000.00 $ (97,654.80) 3 161,475.84 3 267,758.20 $ Proposed 4 Sheet Expansion October 2011 to September 2012 1,350,325.13 133,365.44 151,367.19 55,085.44 11,255.09 1,731,398.28 10,129.56 ' 10,129.58 1,721,268.70 4,502.04 84,413.16 151,943.69 29,423.05 24,660.99 1,350.61 524,555.00 73,205.00 1,248.72 2,251.02 562.75 50,647.90 1,406.89 562.75 45,020.35 340,122.24 1,335,876.16 385,392.54 (10,129.58) 112,550.88 (117,850.06) 369,963.79 • • FEB. 17. 2006 5:22PM EHLERS & ASSOCS. NO. 3948 P; 6/6 September to August Rinks September 5 &7 6 &8 October November December January February March April 5 &7 6 &8 5 &7 6 &8 5 &7 6 &8 5 &7 6 &8 5 &7 6 &8 5 &7 6&8 5 &7 6 &8 May 5 &7 6 &B June 5 &7 6&8 July August TOTALS 587 6 &8 5 &7 5 &8 1g0 7;#�,ili'1. 'fa '44facqls, Hours : • Rate " Total , . I '0 • $ ao.ao: $ • 10Q• $ 00:00, $' • 6,000.00 • $ 80.00 5 278 $ 80.00 $ 22,240.00 0 $ 80.00 $ 270 5 90.00 $ 21,'600.00 ' b $ .80.0Q .S - 278 $ 80.00 $ 22,240,00 0 $ 80.00 $ 278 .5 80,00 $ 22,240.00 0 5 80.00 $ 270 $ 80.00 S 21,600.00 117,920.00 AGENDA ITEM 6Ai STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: February 27, 2006 TOPIC: Resolution No. 06 — 33, Approving Development Contract, Cavegn Estates Vote Required: Simple Majority BACKGROUND: The City Council approved a preliminary plat on July 25, 2005 for the Cavegn Estates. On February 13, 2006 the 1st Reading of Ordinance 01 -06 — Vacation of a portion of Lois Lane right of way and drainage and utility easements was approved. Cavegn Estates provides for the construction of 2 residential units on a 1.38 Acre parcel of property near the intersection of Country Lane and Lois Lane. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Contract. The contract provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $7,400 representing 35 percent of the City improvement costs to insure completion of the project in accordance with the approved plans. No street or utility improvements are necessary for this development. 2. Deposit of a cash escrow in the amount of $3,950 to reimburse the City for costs incurred by the City related to the development and improvements of the site and developer improvements. Anthony and Kimberly Cavegn have reviewed the contract and are aware of the conditions set forth. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 06 — 33, Approving Development Contract for the Cavegn Estates. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 06 — 33 be adopted. • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -33 RESOLUTION APPROVING DEVELOPMENT CONTRACT, CAVEGN ESTATES WHEREAS, the City Council approved a preliminary plat and the 1st Reading of Ordinance 06 -05 — Rezoning to R -1 on July 25, 2005, and WHERAS, the City Council approved the 2nd Reading of Ordinance 06 -05 — Rezoning to R -1 on August 8, 2005, and WHEREAS, the City Council approved the 1st Reading of Ordinance 01 -06 — Vacation of a portion of Lois Lane right of way and drainage and utility easements at 7870 Country Lane on February 13, 2006, and WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the, Developer and the City of Lino Lakes, prior to commencement of site construction activities and final plat approval to insure satisfactory completion of `public improvements. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Contract with Anthony and Kimberly Cavegn for Cavegn Estates 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 day of , 2006. 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 Cavegn Estates THIS AGREEMENT made this 27th day of February 2006, 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 Anthony and Kimberly Cavegn whose address is 7870 Country Lane, Lino Lakes, Minnesota 55014 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 Cavegn Estates, hereinafter called "Subdivision ", said land is legally described to -wit Lot 1 Block 2, MAR DON ACRES, according to the recorded plat thereof, Anoka County, Minnesota. Together with that vacated part of Lois Lane as dedicated in said plat of MAR DON ACRES, which is adjoining said Lot 1, and which lies south of a line beginning at the northwest corner of said Lot 1; thence East, assumed bearing, along the north line of said Lot 1, 160.00 feet to a corner of said Lot 1, thence continuing East, 120.00 feet to the east line of said MAR DON ACRES and said line there terminating. WHEREAS, certain improvements to service the subdivision have been made by a previous development; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the subdivision; and WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of City installed improvements to the benefited property. 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 recording of final plat; and • Cavegn Estates Development Contract 2 -27 -2006 NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". B. Improvements to be installed by the City and financed by the Developer are hereinafter referred to as "City Improvements ". II. DEVELOPER IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, street and utility plan, and a surface water management plan. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: 1. Grading Plan a) A final site grading plan, including certified wetland delineation, with maximum two -foot contours and cross sections as necessary has been submitted and approved by the City prior to commencement of any site grading. 2. Erosion Control Plan a) The Developer has submitted an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan has been approved by the City prior to the commencement of site grading or construction. 3. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.1 and II.A.2 as listed above. • b) All disturbed areas shall be seeded. page 2 • • Cavegn Estates Development Contract 2 -27 -2006 c) 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. 4. 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 comer irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan - guard stakes shall be appropriately installed to mark these irons. 5. 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. 6. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 7. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. 8. The Developer shall make provision that all gas, telephone, cable TV and electric utility designs be submitted to the City for review and approval prior to construction of the streets. Following review and approval by the City, the Developer shall insure that all installations comply with applicable City, County and State design standards and show proof of security arrangements with said utility companies. page 3 • • Cavegn Estates Development Contract 2 -27 -2006 9. Cost of Developer Improvements and description are as shown on Attachment A. 10. 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 and City Improvements as determined by the City. d) All construction debris and trash shall be properly disposed of at the Developer expense and in a timely manner as determined by the City. 11. 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 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 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 page 4 • • Cavegn Estates Development Contract 2 -27 -2006 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 Improvements the City shall require a Performance Bond or Cash Escrow to cover the one -year warranty provisions of the agreement. The amount shall be determined by the City Engineer. III. CITY IMPROVEMENTS A. No new City Improvements. 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. 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 Subdivision 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 page 5 • • • Cavegn Estates Development Contract 2 -27 -2006 3. Administration - 3% Construction Cost 4. Engineering a) Administration 5. Legal - Plat Review 6. Publications 7. Park Dedication Fee 8. Tree Preservation Policy 9. Boulevard Tree Planting 10. Street - Storm Sewer - Pond Maintenance 11. Sealcoating Fund 12. Aerial Photo Recovery Cost 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 upon notice to the Developer, with suitable documentation supporting charge. 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. B. 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 with the erosion control requirements. C. 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 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 page 6 Cavegn Estates Development Contract 2 -27 -2006 • VIII. OWNERSHIP OF IMPROVEMENTS • • A. Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. IX. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the Developer 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 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. 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. page 7 • • Cavegn Estates Development Contract 2 -27 -2006 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. C. Final Plat Approval 1. The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and all required petitions, bonds, security, and documents including the following: a) Both lots shall connect to City sanitary sewer and water, assessments for both lots will be recorded with the final plat. b) Issues discussed in the City Engineer review memo dated July 7, 2005 must be addressed to his satisfaction. c) A vacation of the excess right of way and easements must be approved by the City Council prior to the recordation of a final plat for the property. d) The standards of Section 3.Subdivision 4.D.8 regarding accessory structures must be met on both lots created by the proposed 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. page 8 • • • Cavegn Estates Development Contract 2 -27 -2006 XIV. PARK DEDICATION A. Park dedication in an amount of $2,075 shall be paid by the Developer to the City. XV. 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 9 • DEVELOPER CITY OF LINO LAKES • • By Developer STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) By Mayor ATTEST: Cavegn Estates Development Contract 2 -27 -2006 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. Notary public STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) On this day of , of 20_, before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the , of , a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public page 10 ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS • PROJECT NAME: Cavegn Lot Split NUMBER OF REU's: 2 APPLICANT: Anthony and Kimberly Cavegn ASSESSED AREA (ac.): 1.38 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate e $0 2 EROSION CONTROL Estimate e $0 3 SITE ENGINEERING & SURVEYING Estimate e $0 4 LANDSCAPING Estimate e $0 6 STREET CONST. Estimate e $0 7 STORM SEWER CONST. A. Trunk Estimate e $0 B. Lateral Estimate e $0 C. Surface Water Mgmt. Charge (s.f.) $0.093 a $1,004 8 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) * a $630 B. Trunk Credit C. Trunk Unit Charge (REU) $1,095 a $1,095 D. Front Footage * e $7,961 • WATERMAIN CONST. A. Trunk Area Charge (ac.) * a $673 B. Trunk Credit C. Trunk Unit Charge (REU) $1,765 a $1,765 D. Front Footage a $7,961 TOTALS: $0 $21,090 $0 * = Determined from the Hailey Manor Improvement Costs. 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 2 -27 -2006 ATTACHMENT B CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Cavegn Estates NUMBER OF REU's: 2 APPLICANT: Anthony and Kimberly Cavegn ASSESSED AREA (ac.): 1.38 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 PLANNING /REVIEW A. Plat Review Fee $0 b $0 B. Planner Review Fee $0 b $0 2 ENGINEERING A. Plan /Plat/Grading Review $110 b $110 B. Preparation of Plans & Specs. $0 b $0 C. Construction Services $395 b $395 D. Construction Staking $0 b $0 E. City Engineering $320 b $320 3 ADMINISTRATION A. Administration Fee - 3% of const. 3% of const. a $0 B. Legal $200 b $200 C. Publications $200 b $200 4 DEVELOPMENT FEES A. Park Dedication $2,075 /each d $2,075 B. Sealcoating Fee N/A a $0 . C. Aerial Photo Fee 90 /unit a $90 5 BOULEVARD TREE PLANTING $465 /frontage b $465 6 DEVELOPMENT SECURITIES A. Tree Preservation $95 /unit b $95 B. Street Lighting - installation N/A b $0 C. Street Lighting - operation N/A b $0 D. Traffic Signing N/A b $0 E. Street, St. Swr., Pond Maint. N/A b $0 F. Other - Property Tax, FEMA N/A b $0 TOTALS: $0 $0 $3,950 SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $0 $0 $0 Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $7,400 $0 $7,400 Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $3,950 $3,950 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 2 -27 -2006 • STAFF ORIGINATOR: CC MEETING DATE: TOPIC: AGENDA ITEM 6.A.ii Paul Bengtson February 27, 2006 2nd Reading of Ordinance 01 -06 Vacation of a portion of Lois Lane right of way and drainage and utility easements at 7870 Country Lane. Cavegn Estates Anthony and Kimberly Cavegn VOTE REQUIRED: 4/5 BACKGROUND Anthony and Kimberly Cavegn have received approval of a Preliminary Plat for Cavegn Estates and one of the conditions of approval was the vacation of the unused cul -de -sac portion of Lois Lane adjacent to the northeast corner of their property at 7870 Country Lane as well as the corresponding drainage and utility easements. The applicant will dedicate new utility easements in conjunction with the Final Plat of the site which follows this item on the agenda. • ANALYSIS • The cul -de -sac that was dedicated on this lot as necessary as the street continues through to the property into two lots. As such the City Council the condition requiring the vacation of the unused part of the Mar Don Acres plat is no longer east. The applicant is proposing to plat the approved the preliminary plat for the site with cul -de -sac right of way. The corresponding drainage and utility easements would typically be vacated around the cul -de- sac, but to clarify the drainage and utility easements in the future staff is recommending that all of the drainage and utility easements platted on this lot as part of the Mar Don Acres plat be vacated. The Cavegn Estates plat will include new drainage and utility easements for both of the proposed lots. RECOMMENDATION Staff recommends approval of the Vacation of the unused cul -de -sac portion of Lois Lane and all of the drainage and utility easements platted on Lot 1 Block 2 of Mar Don Acres. ATTACHMENTS 1. Ordinance No. 01 -06 • • Cavegn Estates Vacation, page 2 Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 01 -06 AN ORDINANCE VACATING LOIS LANE RIGHT -OF -WAY AND STREET AND UTILITY EASEMENT (CAVEGN ESTATES) The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1 Findings The City Council makes the following findings regarding the application to vacate a portion of public right -of -way and existing street and utility easements: 1. Anthony and Kimberly Cavegn, the owners of property adjacent to Lois Lane legally described as Lot 1, Block 2 Mar Don Acres has requested the City Council to vacate an unimproved cul -de -sac right of way and the drainage and utility easements as recorded on the Mar Don Acres plat according to law. 2. A public hearing was held on February 13, 2006 before the City Council in the city hall on such request after due published and posted notice had been given, as well as personal notice to affected property owners by the clerk on January 24th 2006 and all persons interested were given an opportunity to be heard; 3. The applicant is dedicating to the public, as part of the Final Plat for Cavegn Estates all necessary drainage and utility easements; 4. It appears that it will be in the best interest of the city to approve such request Section 2 Such request is hereby granted and that part of Lois Lane lying southerly of the necessary 60 foot right of way and the Drainage and Utility Easement platted on Lot 1 Block 2 of Mar Don Acres described as follows are hereby vacated: That part of Lois Lane as dedicated in the plat of MAR DON ACRES, Anoka County, Minnesota, which is adjoining Lot 1, Block 2, said MAR DON ACRES; and which lies south of a line beginning at the northwest corner of said Lot 1; thence East, assumed bearing, along the north line of said Lot 1, 160.00 feet to a corner of said Lot 1; thence Cavegn Estates Vacation, page 3 continuing East, 120.00 feet to the east line of said MAR DON ACRES and said line 111 there terminating. • • and; Those Drainage and Utility easements dedicated in the plat of MAR DON ACRES, Anoka County, Minnesota, which lie within Lot 1, Block 2, said MAR DON ACRES. Section 3 That any person, corporation or city owning or controlling easements contained upon the property vacated reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 4 This ordinance shall be in force and effect upon its adoption and publication and in accordance with the Lino Lakes City Charter. Bergeson, Mayor John Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 27th day of February, 2006. 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. • • • 8 = 30E10. '• 91330140D., StIENgilel 30190 000,1100119 09 AI „6L',00.00S — 00'S JZ 9300. 900 900 E3 00110503' L 109 —J X 0 4/' s - J., 6fr.00.00AI ZAT T77 ?LLNflO3 0 — 7— 0 • AGENDA ITEM 6.A.iii STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: February 27, 2006 TOPIC: Resolution 06 -31 — Final Plat Cavegn Estates VOTE REQUIRED: 3/5 BACKGROUND Anthony and Kimberly Cavegn have requested approval of a single - family residential development entitled Cavegn Estates. The subject property is located adjacent to the southeast corner of Lois Lane and Country Lane and is currently developed with one single - family dwelling. The applicant is proposing to divide the 1.38 acre lot into two buildable lots of 23,560 square feet and 36,564 square feet. The existing single - family dwelling will remain on the smaller lot, and the larger lot will be used for new construction. The final plat conforms to the preliminary plat layout approved with Resolution 05 -108 by the City Council on July 25, 2005. All conditions of approval from the preliminary plat will be met through the development agreement and building permit review processes. PLANNING AND ZONING BOARD At the February 8th regular meeting the board voted unanimously to recommend approval of this request. OPTIONS. 1. Approve the final plat for Cavegn Estates 2. Return to staff with direction. RECOMMENDATION Staff recommends approval. ATTACHMENTS 1. Resolution 06 -31 2. Final Plat submitted January 6, 2006. • • • Cavegn Estates Page 2 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -31 RESOLUTION APPROVING THE FINAL PLAT FOR CAVEGN ESTATES WHEREAS, a request has been submitted to the City for the approval of a final plat, and WHEREAS, review and approvals of plats are governed by state statutes and City ordinances, and WHEREAS, the preliminary plat for Cavegn Estates was approved with Resolution 05 -108 by the City Council on July 25, 2005 with conditions, and WHEREAS, the final plat for Cavegn Estates complies with City requirements and the conditions of Resolution 05 -108 have been satisfied. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the final plat for Cavegn Estates. Passed by the Lino Lakes City Council this 27t" day of February 2006. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 27th day of February, 2006. 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. gi cr e.� to County, 4innssolo Y .5 husband and wile. County, Il innssalo 3 m' m t57 u --- CD cD cV O C. Vr ' _ = .� 9 FILE COPY < < 0 z.-0 0<I. 0 CO L. Z 0 0 Z U (/) Cid LU .ct 0 • 0 7 6 09 09 M„SZ,MOOS I CXYSLZ 131 8 r 8 3 "?. L_ 7 8 ; r 00;i O0'( co• • _1_ , _1_ „.... NV COPY • s • AGENDA ITEM 6.B. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: February 27, 2006 TOPIC: Resolution 06 -32 — Conditional Use Permit Amendment Molin Concrete VOTE REQUIRED: 3/5 BACKGROUND Molin Concrete is proposing an overhead crane bay addition to their existing facilities at 415 Lilac Street. The Molin property is covered by a conditional use permit for the concrete plant. The northern 20 acres is covered by an interim use permit for outdoor storage. This new application does not involve the storage area. The Conditional Use Permit covers the entire site. Building additions such as those proposed in this application require an amendment to the Conditional Use Permit. Because this application involves the CUP amendment, it is appropriate to review the conditions placed on the site through the last CUP amendment in 2003. The City amended the CUP in 2003 with Resolution 03 -73, and then again in February 2005 with Resolution 05 -13. Molin Concrete has sent a notice to the surrounding home owners to inform them of the proposed expansion and invited anyone interested to provide comment. These same homeowners were also noticed by the city of the public hearing in regards to this request. ANALYSIS Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area. Location Existing Land Use Guided Land Use Existing Zoning Site Industrial Industrial LI (Light Industrial) GI (General Industrial) North Single Family Dwellings Low Density Residential R (Rural) South Industrial Industrial GI (General Industrial) East Single Family Dwellings Industrial Commercial Low Density Residential R (Rural) West Single Family Dwellings Low Density Residential R (Rural) R -1 (Single Family Residential) • • • Molin Amendment Page 2 of 4 SITE PLAN Buildings: Site plans have been submitted for the addition. One is an outdoor storage bay with an overhead crane. This will attached to the north side of the existing storage bays, north of the existing extruded pre -cast manufacturing building. Lighting: There will be no additional lighting necessary beyond what is currently used on the site as this is simply a request to add an additional bay to the existing storage system. Traffic: The building additions are being made to accommodate current manufacturing activities on site. The additions will not increase the number of employees or the amount of traffic generated by the concrete plant. The City has not received any recent calls about traffic concerns. Grading/Drainage, Utilities: A grading and utility plan was submitted with this application, and was thoroughly reviewed by the City Engineer. A memorandum is attached to this report that outlines all of the City Engineer's comments. The applicant is also required to submit their plans to the Rice Creek Watershed District for review and to obtain any necessary permits. Landscaping: With last year's amendment the board's largest concern was the landscaping. Again, no landscaping is proposed for this addition; nor does staff recommend any. This addition is quite minor in nature compared to the existing facilities on site, and screening in the form of landscaping and walls is already provided in ample quantity. City staff has already scheduled an inspection for the beginning of May to confirm ongoing conformance with the landscaping requirements. PLANNING AND ZONING BOARD On February 8th the Board voted unanimously to recommend approval of the proposal subject to the three conditions recommended by staff. RECOMMENDATION Staff recommends approval subject to the following conditions: 1. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 2. All conditions in Resolution 05 -13 continue to apply. 3. The applicant shall have the proposal reviewed by the Rice Creek Watershed District, and if necessary obtain a permit from them. This review is based on the following plans and information: 1. City Engineer Comments dated February 1, 2006. 2. Molin Plan Set received January 9, 2006. f s 1 Council Member Molin Amendment Page 3 of 4 introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -32 RESOLUTION APPROVING AMENDMENT OF AN EXISTING CONDITIONAL USE PERMIT TO ALLOW A BUILDING ADDITION AT MOLIN CONCRETE, 415 LILAC DRIVE WHEREAS, Molin Concrete has submitted a request to the City to amend an existing conditional use permit to allow for a crane bay addition at 415 Lilac Drive, and WHEREAS, the legal description of the property is: The South Half of the Northwest Quarter of the Southwest Quarter of Section 8, Township 31, Range 22, Anoka county, Minnesota; The Southwest Quarter of the Southwest Quarter of Section 8, Township 31, Range 22, EXCEPT the East 260 feet of the South 832 feet thereof, ALSO EXCEPTING the South 412 feet of the Southwest Quarter, Anoka County, Minnesota; The South 412 feet of the Southwest Quarter of the Southwest Quarter of Section 8, Township 31, Range 22, Anoka County, Minnesota, EXCEPT the East 260 feet thereof. and WHEREAS, the City's review is based on the Molin Plan Set received February 1, 2006; WHEREAS, the Planning Commission held a public hearing on the application on February 8, 2006, and recommended approval with conditions, and WHEAREAS, the City Council of the City of Lino Lakes adopted Resolution 01 -182 on November 13, 2001, and WHEREAS, the City Council of the City of Lino Lakes finds that, with the conditions of approval included in this resolution, the following findings of fact apply as required by Section 2 Subd. 2.B.7 and by Section 8 Subd.2.I.4 of the zoning ordinance: a. This application is consistent with the comprehensive plan, including future and present land uses. The building additions do not alter existing uses on the site. b. The application meets all performance standards. c. The project will not increase traffic generation or impacts. d. The project will not increase demands on sanitary sewer and water use. e. The project will not require capital improvements by the City. f. The project will not create detrimental impacts. f i • Molin Amendment Page 4 of 4 g. The project will not impact natural or historic features. h. All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. i. The project will not alter the site's drainage system previously approved by the City Engineer. NOW, THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council hereby approves an amendment of the existing conditional use permit to allow the construction of an additional crane bay for product staging. BE IT FURTHER RESOLVED that the following conditions apply: 4. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 5. All conditions in Resolutions 01 -182 and 05 -13 continue to apply. 6. The applicant shall have the proposal reviewed by the Rice Creek Watershed District, and if necessary obtain a permit from them. Passed by the Lino Lakes City Council this 27th day of February 2006. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 27th day of February, 2006. 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. • r :\• MT Of Y THOMAS STREET '4/ • •_r • IU 10 • I 1. 0 i I s I Iii SMACK •I L... itI d 4 gl CONCRETE PRODUCTS COMPANY Yarding Crane Addition Lino Lakes, Minnesota RECEIVED JAN 0 9 2006 CITY OF LINO LAM rauaw2uuuuronumw �t nl ms' r y SITE PLAN �STLI. • ..� SILL r 01-11. • k I • b -- I tt — I ant kl F1.11 Professional Design Group Architects / Engineers 105 East Fourth Street Suite 200 PO Box 641 Northfield. MN 55057 Bus. (507) 645 -22' Fox. (507) 645 -23! www.proldesign.com Project Title: CONCRETE PRODUCTS COMPANY Yarding Crane Addition Lino Lakes, Minnesota Key Pion: RECEIVED JAN 0 9 2006 CITY OF LINO LAKES Revisions: 0 t -e -0e for City bored R.e./ Dot. Oeea+pun. MMeed By Note: Drawings are not to be scaled to obtain dimensions. Contact Professional Design Croup for omitted or additional dimensions, or those in conflict with actual held measurements. I hereby certify that this plan. specification, or report z woe prepared by nw or under my direct supervision O and that I on, a duly Licensed Professional Engineer under the Wm of the state of Minnesota. 0 W Signature. (n Typed or Printed /Ionic Dann Burckhord Reg. Ib 22477 W ZQ Project Number' 97121.10 Dal e• 1 -3 -06 (� Drown By RAM Checked By DEB Copyright Professional Design Crn9p• 2006 z Q i Sheet Title: Yarding Crane Section > Structural General Notes Sheet: S2 AGENDA ITEM 6.0 • STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: February 27, 2006 • • TOPIC: 1st Reading of Ordinance 02 -06 PUD Amendment — Legacy at Woods Edge Signage Criteria City of Lino Lakes VOTE REQUIRED: 4/5 BACKGROUND Staff has crafted a final draft of the Signage Criteria for the Legacy at Woods Edge project (Lino Lakes Town Center). This criterion is intended to be added to the existing Lino Lakes Town Center Design and Development Guide as Chapter 5. The majority of the elements of these signage criteria were adapted from the original proposal for Chapter 5, which was eliminated prior to the approval of the guide (Ordinance 04 -04) in 2004. This was augmented by researching other similar mixed -use types of communities, other signage ordinances, and the recently amending city signage ordinance (Ordinance 05 -05). Chapter 5 is broken into 7 sections, as listed below: 5.1 Free Standing Signs Intended to minimize the free standing signs allowed within the development to those identifying the entire development, those for public and quasi - public single tenants setback substantially from rights -of -ways, and directional signage to lead the public through the development. 5.2 Building Signs Intended to control the size of signage while still allowing businesses to be clearly identified. Some flexibility in the design and style of building signage is built in to encourage businesses to augment building elevations and create a visually interesting building facade. 5.3 Temporary Signs Requirements are very similar to those adopted by the city during the recent revision of the sign code. Some changes were made to keep the Legacy at Woods Edge area at a slightly higher standard. Specifically, banners are prohibited. 5.4 Illumination Intended to allow both identifying illumination as well as accentuation of buildings/businesses. Prohibits the use of electronic message /reader boards. • • Legacy Signage Criteria Page 2 5.5 General Regulations Elements from the standards requirements of the city sign code augmented with some additional needs of the Legacy project area, specifically the materials of construction. 5.6 Maintenance Requires the maintenance of signage; and the timely removal of signage for businesses that are no longer in operation. 5.7 Violation This language is taken directly from the city sign ordinance. PLANNING AND ZONING BOARD At their February 8th regular meeting the board voted unanimously to recommend approval of the signage criteria. RECOMMENDATION • Staff is recommending approval of this Planned Unit Development Amendment, to add this language as Chapter Five of the Lino Lakes Town Center Design and Development Guide. ATTACHMENTS 1. Ordinance 02 -06 -L05= • Legacy Signage Criteria Page 3 Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 02 -06 AN ORDINANCE AMENDING THE PLANNED UNIT DEVELOPMENT FOR THE LEGACY AT WOODS EDGE (LINO LAKES TOWN CENTER) AS CREATED BY ORIDINANCE 04 -04. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: SECTION 1. FINDINGS The City Council makes the following findings regarding the application for amending the Planned Unit Development for the property described below, based on the factors listed in Section 2, Subd. l E of the Lino Lakes zoning ordinance: I. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. as the site is guided for mixed uses and regulation of the signage is an important component of any mixed -use development. 2. The proposed signage criteria is largely based on the current signage standards for the city therefore the signage allowed within the site will be compatible with the present and future land uses that surround the site. 3. The Lino Lakes Town Center Design & Development Guide will now contain signage criteria that is in keeping with the typical signage standards of the city but specifically addresses the mixed -use nature of this type of development. 4. The proposed signage criteria will have no effect on public services and will not overburden the City's service capacity. 5. Vehicular and pedestrian traffic will be aided by the proper display of signage in accordance with the proposed standards. The Planned Unit Development for the Legacy at Woods Edge (Lino Lakes Town Center) as approved by Ordinance 04 -04 is hereby amended as follows: • Legacy Signage Criteria Page 4 SECTION 2. The Lino Lakes Town Center Design & Development Guide, attached to Ordinance 04- 04 as Exhibit B, shall be amended to add the signage standards, attached to this Ordinance as Exhibit A, as Chapter 5. SECTION 3. The Table of Contents of the Lino Lakes Town Center Design & Development Guide, attached to Ordinance 04 -04 as Exhibit B, shall be amended to replace page 4 with the page attached to this Ordinance as Exhibit B. SECTION 6. As above amended, said Ordinance shall stand as initially passed and previously amended. • SECTION 7. • This ordinance shall be in force and effect upon its adoption and publication and in accordance with the Lino Lakes City Charter. Bergeson, Mayor John Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 8th day of March, 2006. 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. • • Exhibit A Legacy Signage Criteria Page 5 CHAPTER 5. SIGNAGE STANDARDS 5.1. FREE STANDING SIGNS Project Identity Signs Definition. Signs designed to advertise the entire development and up to three major tenants. Permits must be obtained for the placement of any project identity signage. Placement. Project Identity Signs shall be located in accordance with the 'project identity features' as shown on the Regulating Plan (Figure 4). Design. Up to three major tenants within the project may also have individual signage on the project identity signs for identification purposes; but shall be clearly secondary in size and scope to the advertisement of the entire development, and shall be limited to the name and /or logo of the tenant only. All project identity signage is encouraged to take the form of monument signage integrated into a 'gateway' type feature such as walls or trellises. The final design of the project identity signage must include only materials allowed within the Commercial, Mixed -Use, & Civic District Architectural Standards (Chapter 3.4) and shall be subject to the approval of the City Council. Setback. Project Identity Signage should be setback a minimum of five feet from property lines. If a setback of less than five feet is proposed the City Community Development Department may establish administrative standards based on the protection of public health, safety, and welfare. At no time shall the placement of free standing signage be allowed to impede the visibility of vehicular or pedestrian traffic at intersections. Directional Signs Definition. 'Way- finding' signage intended to direct patrons to businesses and buildings with no commercial messages beyond the names and /or logos of businesses or buildings located within the site. Permits must be obtained for the placement of directional signage. Placement, Design, and Setback. The developer shall submit a directional signage plan for administrative review and approval by city staff. This signage plan must include the location and design of all directional signage for the project. Once the directional signage plan is approved, any subsequent revisions will require an additional administrative review. Single User Signs Definition. Any free standing sign advertising an individual user within the project. Permits are required for the placement of any single user signage. • • • Legacy Signage Criteria Page 6 Placement. Single User Signs shall only be allowed for the Lino Lakes City Hall and the YMCA. Design. Single User signage shall be limited to a single monument sign designed in accordance with the main building on the site. All Single User signage is limited to a single monument sign with a maximum height of eight feet and not to exceed 75 square feet in area. All monument signs shall include a base of masonry materials measuring a minimum of twelve inches above adjacent grades. The design of Single User signage must include only materials allowed within the Commercial, Mixed -Use, & Civic District Architectural Standards (Chapter 3.4). Setback. Single User signage shall be setback a minimum of five feet from property lines. At no time shall the placement of free standing signage be allowed to impede the visibility of vehicular or pedestrian traffic at intersections. Incidental Signs Definition. A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as 'no parking', 'entrance', 'loading only', directory signs, drive - through menu boards, and similar directive or identifying messages. In order to qualify as an incidental sign, a sign may contain the logo or name of the business that is on the same parcel as the sign but shall not contain any other commercial message legible from a position off the lot on which the sign is located. No permit is necessary if the permit is less than four square feet in size. Placement. Incidental signs may be attached to a building or be free - standing with a maximum height of five feet. Design. Any incidental sign measuring a maximum of four square feet in size can be placed without a permit. Any incidental sign exceeding four square feet in size must be approved by the City Council. Setback. Incidental signs must be setback a minimum of ten feet from any property line. Prohibited Signs All other free standing signage not listed within Section 5.1 shall be prohibited. All private signage is prohibited from being located within public right of w ays or being attached to any public structure, utility pole or utility box. 5.2. BUILDING SIGNS Wall Signs Definition. A permanent sign attached to or erected against the wall of a building or structure with the exposed face to the sign in plane approximately parallel to the face of said wall and extending not more than fifteen inches from the building wall face. All wall signage shall require a permit. Placement. Wall signage shall be placed in accordance with the following requirements: Multiple Tenant Buildings • • • Legacy Signage Criteria Page 7 • Individual tenants with an exclusive exterior entrance are allowed up to two wall signs, with no more than one sign placed on any elevation. Each sign is limited to a maximum average sign height of 30 inches and a maximum width equal to 80% of the lease width. Capital letters and corporate logos shall not exceed 36 inches in height. • In no case shall any wall sign exceed 75 square feet in area. • All wall signage must maintain a minimum six inch margin from the edge of any wall face. • Signs announcing the building, either with a street address name (for example, 100 Town Center Drive) or a building name (for example, The Birch Building), typically placed at the top of the building or over major entrances shall also be allowed. Building Signs shall have a maximum average sign height of 36 inches with Capital letters not to exceed 48 inches. • Awning /Canopy signage shall only be permitted on the vertical plane of the awning or canopy element and shall be included in the calculation of the total sign area, per ground floor business. Single Tenant Buildings • Up to two wall signs per building, with no more than one sign placed on any elevation. Each sign is limited to a maximum average sign height of 30 inches and a maximum width equal to 80% of the elevation width. Capital letters and corporate logos shall not exceed 36 inches. • In no case shall the signage on any elevation exceed 100 square feet. • All wall signage must maintain a minimum six inch margin from the edge of any wall face. • Awning /Canopy signage shall only be permitted on the horizontal plane of the awning or canopy element and shall be included in the calculation of the total sign area, per ground floor business. Projecting Signs Definition. Any permanent business sign affixed to an exterior wall of a building which is perpendicular to the building. Projecting signs require the issuance of a permit. Placement. Projecting signs shall be located only on a wall that is part of the advertisers lease space or building; and shall be located within 10 feet of that tenant or business's main entrance. Placement will be reviewed by the City of Lino Lakes Community Development Department to confirm that it will not interfere with site visibility or create a public health, safety or general welfare hazard. Clearance. Minimum 8 foot clearance from grade, minimum 13 foot clearance from street and /or parking grade. Additional setbacks may be required by the City of Lino Lakes Community Development Department based on the protection of public health, safety or general welfare. Design. Each business with lease space on the ground floor of a building is allowed up to one 'blade sign' (A non - illuminated projecting sign measuring twelve square feet or less with a maximum dimension of four feet in any direction, which includes the name or corporate logo of a business only). A business may propose to replace one of its allotted wall signs (per Section 5.2 above) with a projecting sign. The City of Lino Lakes Community Development Department will review such a proposal and if necessary forward it to the City Council for approval. Encroachment Agreement. Prior to the issuance of a permit for a projecting sign that will encroach into any public right of way; the City of Lino Lakes must authorize an encroachment agreement for said improvement. The issuance of an encroachment agreement is based on the protection of public safety, health and general welfare. 10 - • • • Legacy Signage Criteria Page 8 Prohibited Signs All other Building Signs not listed within Section 5.2 are prohibited within the Lino Lakes Town Center; this specifically includes roof signage. Signs shall not be painted directly to any exterior building surface, but shall be on a separate frame except for temporary display windows. 5.3. TEMPORARY SIGNS Temporary Signs Definition. Any sign that is erected for a limited period of time is required to meet the following: Political Campaign Signs. Signs or posters announcing the candidate(s) seeking political office and /or political issues, and /or dates pertinent thereto; shall be allowed in accordance with the current standards of the City of Lino Lakes. Real Estate Signs. A temporary sign advertising the sale or lease of property or buildings are allowed as follows: Commercial /Mixed- Use /Civic Districts. Properties within this district may have one sign per street frontage measuring a maximum area of thirty-two square feet. Signs must be attached to the building for which it advertises. If no building exists, it may be a free standing sign with a maximum overall height of eight feet, located a minimum of ten feet from property lines. The sign(s) must be removed upon the issuance of a certificate of occupancy for the final tenant space on the site. Residential Subdivisions. All residential subdivisions are allowed one sign per street frontage measuring a maximum of thirty-two square feet. The sign(s) must be removed upon the sale of the last unit within the subdivision. Additionally, directional signs measuring no larger than four square shall be allowed only during the operating hours of the model homes /sales offices for the project. Individual Residential Properties. Maximum of six square feet, located a minimum of ten feet from property lines. This sign must be removed a maximum of 30 days from the date of sale. No permit is required for any real estate signs. Sandwich Boards. A temporary sign constructed to form an 'A; or a tent -like shape, placed in front of a business to advertise its services or goods. Sandwich boards must be constructed of durable materials and be resistant to weather. Each ground floor business may have one sandwich board measuring up to six square feet in area. Such sign must be located no further than fifteen feet from the main entrance of the advertising business and must maintain a minimum of four feet of clear pedestrian passage at all times. Sandwich Boards may include hand written messages as part of the advertising message, but the name of the business as well as any constant logos must be professionally painted, lettered, or adhered. The tenant/business must obtain a permit from the City of Lino Lakes for any sandwich board sign. Legacy Signage Criteria Page 9 Construction Signs. A temporary sign located on the site of an approved construction project which identifies the project and its architect, engineer, contractor or supplier. Each site is allowed up to one sign per street frontage, such signs must not exceed thirty -two square feet in area and must be located a minimum of ten feet from any property line. All Construction Signs must be removed 30 days from the certificate of occupancy for any portion of a commercial structure or the final unit of a residential project. No permit is required. Window Signs. Signs that are displayed on the interior face of window panes are limited to the first floor level of buildings; shall not exceed 10% coverage of the window(s) on which they are affixed. Window signs do not require a building permit. Prohibited Signs All other Temporary Signs not listed within Section 5.3 are prohibited within the Lino Lakes Town Center; this specifically includes all types of banners and any hand - written signage unless specifically allowed above. All private signage is prohibited from being located within public right of ways or being attached to any public structure, utility pole or utility box. 5.4. SIGN ILLUMINATION Illumination Illumination of signage is permitted, however all illumination is limited to use during that tenant's hours of operation. The source of light for any sign must be indirect or diffused and shall not be directed into any adjoining residential district. Sign illumination is also prohibited from exceeding the light intensity standards of Section 3, Subdivision 4.F of the City of Lino Lakes Zoning Ordinance. Neon Accenting The use of neon as an architectural accent requires an administrative approval by the City of Lino Lakes Community Development Department. The use of neon accents is limited to the lesser of the tenant's hours of operations or the hours between sunrise and 10:00 a.m. Residential Adjacency In the case of 24 hour businesses, such as a hotel, the exterior lighting, including sign illumination, of the business shall be reviewed at time of building permits to guarantee that it will not be detrimental to any of the adjacent residential uses. Prohibited There shall be no use of revolving beacons, flashing signs, zip flashers, or similar lighting devices. Electronic Reader /Message Boards are also prohibited within the Lino Lakes Town Center. 5.5. GENERAL REGULATIONS All permanent signage within the town center shall be constructed in accordance with the building material requirements of Section 3.2. All signs shall be constructed in conformance with the provisions of the State Building Code. • • • Legacy Signage Criteria Page 10 No sign shall be installed, which by reason of position, shape or color would conflict with proper function or interpretation of any traffic sign or signal. No sign shall be permitted to obstruct any window, door, fire escape, stairway or opening of any building or structure. The uprights, structure or back side of all signs must be completely enclosed, unless such part of the sign is integral to the overall design of the sign. For the purpose of this Ordinance, maximum square footage of a sign shall be computed on the basis of one (1) face of any multi -faced sign. 5.6. SIGN MAINTENANCE Signs which become unsafe or unkempt in appearance shall be repaired or removed by the licensee upon notification by the City of Lino Lakes. The permit owner shall be liable for the expense of removal and maintenance incurred by the City of Lino Lakes. Within 60 days of the cease of operations the signage for said business shall be removed and the signage band shall be repainted and /or repaired as needed. If this is not completed the permit owner shall be liable for the expense of removal incurred by the City of Lino Lakes. 5.7. VIOLATION Any violation of this Ordinance shall constitute a misdemeanor. Each day of such violation shall constitute a separate offense. Punishment therefore may involve a fine of up to Seven Hundred ($700) dollars or a jail sentence of ninety (90) days, or both; this shall not, however, allow the continued existence of a violation and removal thereof may be undertaken by the City upon a ten (10) day notice of such proposed removal to the violator. • Exhibit B Garage Door Treatments 41 Building Scale and Definition 41 Articulation 41 Roof Form 42 Materials and Methods of Construction 42 Energy Conservation and Climatic Response 42 Buildings 42 Driveway Paving 42 Other Structures 43 Service and Loading Area Screening 43 Fences and Walls 43 4.5. PARKING REQUIREMENTS 43 4.6. PUBLICLY - ACCESSIBLE COMMONS 44 CHAPTER 5. SIGNAGE STANDARDS 5.1. Free Standing Signs 46 Project Identity Signs 46 Directional Signs 46 Single User Signs 46 Prohibited Signs 47 5.2. Building Signs 47 Wall Signs 47 Projecting Signs 48 Prohibited Signs 49 5.3. Temporary Signs .49 Prohibited Signs 50 5.4. Sign Illumination .50 Prohibited 51 5.5. General Regulations 51 5.6. Sign Maintenance 51 5.7. Violation 51 APPENDIX A/ CONDITIONAL USES 52 ILLUSTRATIONS CONTEXT MAP 5 SITE PLAN 6 LAND USE PLAN 12 REGULATING PLAN 13 TABLES AND CHARTS ALLOWABLE USES 17 DEVELOPMENT INTENSITY: COMMERCIAL /MIXED USE 19 COMMERCIAL SETBACK REQUIREMENTS 21 PARKING REQUIREMENTS: COMMERCIAL 28 RESIDENCE AND GARAGE SETBACKS 40 RESIDENTIAL OFF - STREET PARKING 44 Legacy Signage Criteria Page 11