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Home My WebLink About03/13/2006 Council Packet (2)SUMMARY MINUTES (Formerly the Expanded Agenda) CITY OF LINO LAKES Monday, March 13, 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 (6:35 — MAYOR BERGESON AND COUNCIL MEMBER CARLSON ABSENT; ACTING MAYOR O'DONNELL IN THE CHAIR) Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items ITEM 1C AND 3A WERE REMOVED FROM THE AGENDA 1. Consent Agenda - A) Consideration of Expenditures: i) March 13, 2006 (Check No. 76079 through 76181 in the amount of $177,355.96; ii) Centennial Fire District (Check No. 15077 through 15096 in the amount of $8,371.03 B) Consider Resolution No. 06 -42, Approving a Temporary On -Sale Liquor License for Circle -Lex Lions and Resolution 06 -41, Authorizing Circle Lex Lions to conduct Off -Site Gambling, in conjunction with their fundraising dinner on April 22, 2006 at St. Joseph Catholic Church, 171 Elm St Pg 4 -16 Pg 17 Pg 18 -20 C) Community Development Department Report, Michael Grochala a) Miller's Crossroads 3rd Addition i. Consideration of Resolution No. 06 -47, Approving Pg 21 -36 Development Contract, Jim Studenski ii. Consideration of Resolution No. 06 -29, Approving Pg 37 -39 Final Plat, Jeff Smyser (ITEM 1C WAS PULLED FROM THE AGENDA; WILL BE CONSIDERED AT A FUTURE MEETING) b) Marshan Meadows i. Consideration of Resolution No. 06 -46, Approving Pg 40 -55 SUMMARY MINUTES (Formerly the Expanded Agenda) Development Contract, Jim Studenski ii. Consideration of Resolution No. 06 -30, Approving Final Pg 56 -60 Plat and Accepting Conservation Easement, Jeff Smyser c) Consider Resolution No. 06 -48, Approving Development Pg 61 -78 Contract (Site Grading Only), Pine Glen, Jim Studenski d) Consideration of Resolution No. 06 -43, Approving Payment Request No. 8 (Final) and Compensating Change Order No. 2, Birch Street and Hodgson Road Improvements Pg 79 -87 D) Consider approval of February 13, 2006 City Council Pg 88 -98 Meeting Minutes (Corrected at 3/13/2006 Work Session) MOTION BY COUNCIL MEMBER STOLTZ, SECONDED BY COUNCIL MEMBER REINERT TO APPROVE THE CONSENT AGENDA, ITEMS 1A THROUGH 1D WITH ITEM 1C HAVING BEEN DELETED FROM THE AGENDA. MOTION PASSED UNANIMOUSLY; MAYOR BERGESON AND COUNCIL MEMBER CARLSON ABSENT. 2. Finance Department Report, Al Rolek A) Continuation of Public Hearing Regarding Tax Abatement Pg 99 -127 in Connection with the YMCA project, Mary Alice Divine i. Consideration of Resolution No. 06 -34 Approving an Amended and Restated Development Agreement between the City of Lino Lakes and the YMCA of Greater Saint Paul, Mary Alice Divine ii. Consideration of Resolution No. 06 -40 Approving Property Tax Abatement Related to YMCA Facility, Mary Alice Divine iii. Consideration of Resolution No. 06 -49 Approving an Amended and Restated Business Subsidy Agreement between the City of Lino Lakes and the YMCA of Greater Saint Paul, Mary Alice Divine MOTION BY COUNCIL MEMBER REINERT, SECONDED BY COUNCIL MEMBER STOLTZ TO CLOSE THE PUBLIC HEARING. MOTION PASSED UNANIMOUSLY; MAYOR BERGESON AND COUNCIL MEMBER CARLSON ABSENT. MOTION BY COUNCIL MEMBER STOLTZ, SECONDED BY COUNCIL MEMBER REINERT TO APPROVE RESOLUTIONS NO. 06 -34, 06 -40 AND 06- 49. MOTION PASSED UNANIMOUSLY; MAYOR BERGESON AND COUNCIL MEMBER CARLSON ABSENT. SUMMARY MINUTES (Formerly the Expanded Agenda) B) Continuation of a Public Hearing regarding the Issuance of Revenue Notes for the benefit of YMCA of Greater Saint Paul, Al Rolek i. Consider Resolution 6 -50 Granting Approval of the Issuance of Tax Exempt Revenue Notes for the benefit of YMCA of Greater Saint Paul Pg 128 -132 MOTION BY COUNCIL MEMBER STOLTZ, SECONDED BY COUNCIL MEMBER REINERT TO CLOSE THE PUBLIC HEARING. MOTION PASSED UNANIMOUSLY; MAYOR BERGESON AND COUNCIL MEMBER CARLSON ABSENT. MOTION BY COUNCIL MEMBER REINERT, SECONDED BY COUNCIL MEMBER STOLTZ TO APPROVE RESOLUTION NO. 06 -50. MOTION PASSED UNANIMOUSLY; MAYOR BERGESON AND COUNCIL MEMBER CARLSON ABSENT. 3. Administration Department Report, Dan Tesch A) Appointment of Advisory Board Members (to follow) Pg 133 4. Public Safety Department Report, Dave Pecchia None 5. Public Services Department Report, Rick DeGardner None 6. Community Development Department Report, Michael Grochala A) Street Maintenance Projects, Jim Studenski i. Consideration of Resolution No. 06 -44, Approving Plans & Pg 134 -135 Specifications and Authorizing Advertisement for Bids, 2006 Sealcoat Project MOTION BY COUNCIL MEMBER STOLTZ, SECONDED BY COUNCIL MEMBER REINERT TO APPROVE RESOLUTION NO. 06-44. MOTION PASSED UNANIMOUSLY; MAYOR BERGESON AND COUNCIL MEMBER CARLSON ABSENT. ii. Consideration of Resolution No. 06 -45, Approving Plans & Specifications and Authorizing Advertisement for Bids, 2006 Overlay Project Pg 136 -137 MOTION BY COUNCIL MEMBER REINERT, SECONDED BY COUNCIL MEMBER ST 'OLTZ TO APPROVE RESOLUTION NO. 06-45. MOTION PASSED UNANIMOUSLY; MAYOR BERGESON AND COUNCIL MEMBER CARLSON ABSENT. SUMMARY MINUTES (Formerly the Expanded Agenda) B) Consideration of Second Reading of Ordinance 02 -06, Amending Pg 138 -149 Ordinance 04 -04 for the purpose of adding signage criteria to the Lino Lakes Town Center Design and Development Guide, Paul Bengtson (roll call required) MOTION BY COUNCIL MEMBER STOLTZ, SECONDED BY COUNCIL MEMBER REINERT FOR SECOND READING AND APPROVAL OF ORDINANCE NO. 02-06. MOTION PASSED; YEAS, REINERT, O'DONNEL, STOLTZ; MAYOR BERGESON AND COUNCIL MEMBER CARLSON ABSENT. C) Consideration of Resolution No. 06 -51, Approving Registered Pg 150 -152 Land Survey, SE Quadrant of I- 35E/Main Street Interchange Area, Dick Schreier/Patriot State Bank, Michael Grochala MOTION BY COUNCIL MEMBER REINERT, SECONDED BY COUNCIL MEMBER STOLTZ TO APPROVE RESOLUTION NO. 06-4-1, MOTION PASSED UNANIMOUSLY; MAYOR BERGESON AND COUNCIL MEMBER CARLSON ABSENT. 7. Unfinished Business A) None. 8. New Business A) Consider approval of February 27, 2006 City Council Meeting Minutes Council Member Stoltz was absent Pg 153 -160 MOTION BY COUNCIL MEMBER REINERT, SECONDED BY COUNCIL MEMBER O'DONNELL TO APPROVE THE CITY COUNCIL MEETING MINUTES OF FEBRUARY 27, 2006. MOTION PASSED UNANIMOUSLY; COUNCIL MEMBER STOLTZ ABSTAINED; MAYOR BERGESON AND COUNCIL MEMBER CARLSON ABSENT. B) Consider approval of February 27, 2006 Council Work Session Pg 161 -162 Minutes Council Member Stoltz was absent MOTION BY COUNCIL MEMBER REINERT, SECONDED BY COUNCIL MEMBER O'DONNELL TO APPROVE THE WORK SESSION MINUTES OF FEBRUARY 27, 2006. MOTION PASSED UNANIMOUSLY; COUNCIL MEMBER STOLTZ ABSTAINED; MAYOR BERGESON AND COUNCIL MEMBER CARLSON ABSENT. 9. Community Calendar, March 14, 2006 through March 27, 2006: SUMMARY MINUTES (Formerly the Expanded Agenda) 10. Adjourn MOTION BY COUNCIL MEMBER STOLTZ, SECONDED BY COUNCIL MEMBER REINERT TO ADJOURN. MOTION PASSED UNANIMOUSLY; MAYOR BERGESON AND COUNCIL MEMBER CARLSON ABSENT. CITY OF LINO LAKES Monday, March 13, 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) March 13, 2006 (Check No. 76079 through Pg 4 -16 76181 in the amount of $177,355.96; ii) Centennial Fire District (Check No. 15077 through Pg 17 15096 in the amount of $8,371.03 Consider Resolution No. 06 -42, Approving a Temporary Pg 18 -20 On -Sale Liquor License for Circle -Lex Lions and Resolution 06 -41, Authorizing Circle Lex Lions to conduct Off -Site Gambling, in conjunction with their fundraising dinner on April 22, 2006 at St. Joseph Catholic Church, 171 Elm St C) Community Development Department Report, Michael Grochala a) Miller's Crossroads 3rd Addition i. Consideration of Resolution No. 06 -47, Approving Pg 21 -36 Development Contract, Jim Studenski ii. Consideration of Resolution No. 06 -29, Approving Pg 37 -39 Final Plat, Jeff Smyser b) Marshan Meadows i. Consideration of Resolution No. 06 -46, Approving Pg 40 -55 Development Contract, Jim Studenski ii. Consideration of Resolution No. 06 -30, Approving Final Pg 56 -60 Plat and Accepting Conservation Easement, Jeff Smyser c) Consider Resolution No. 06 -48, Approving Development Pg 61 -78 Contract (Site Grading Only), Pine Glen, Jim Studenski d) Consideration of Resolution No. 06 -43, Approving Payment Pg 79 -87 Request No. 8 (Final) and Compensating Change Order No. 2, Birch Street and Hodgson Road Improvements D) Consider approval of February 13, 2006 City Council Pg 88 -98 Meeting Minutes 2. Finance Department Report, Al Rolek A) Continuation of Public Hearing Regarding Tax Abatement Pg 99 -127 in Connection with the YMCA project, Mary Alice Divine i. Consideration of Resolution No. 06 -34 Approving an Amended and Restated Development Agreement between the City of Lino Lakes and the YMCA of Greater Saint Paul, Mary Alice Divine ii. Consideration of Resolution No. 06 -40 Approving Property Tax Abatement Related to YMCA Facility, Mary Alice Divine iii. Consideration of Resolution No. 06 -49 Approving an Amended and Restated Business Subsidy Agreement between the City of Lino Lakes and the YMCA of Greater Saint Paul, Mary Alice Divine B) Continuation of a Public Hearing regarding the Issuance of Revenue Notes for the benefit of YMCA of Greater Saint Paul, Al Rolek i. Consider Resolution 6 -50 Granting Approval of the Issuance of Tax Exempt Revenue Notes for the benefit of YMCA of Greater Saint Paul 3. Administration Department Report, Dan Tesch A) Appointment of Advisory Board Members (to follow) 4. Public Safety Department Report, Dave Pecchia None 5. Public Services Department Report, Rick DeGardner None 6. Community Development Department Report, Michael Grochala A) Street Maintenance Projects, Jim Studenski Pg 128 -132 Pg 133 i. Consideration of Resolution No. 06 -44, Approving Plans & Pg 134 -135 Specifications and Authorizing Advertisement for Bids, 2006 Sealcoat Project ii. Consideration of Resolution No. 06 -45, Approving Plans & Specifications and Authorizing Advertisement for Bids, 2006 Overlay Project Pg 136 -137 B) Consideration of Second Reading of Ordinance 02 -06, Amending Pg 138 -149 Ordinance 04 -04 for the purpose of adding signage criteria to the Lino Lakes Town Center Design and Development Guide, Paul Bengtson (roll call required) C) Consideration of Resolution No. 06 -51, Approving Registered Pg 150 -152 Land Survey, SE Quadrant of 1- 35E/Main Street Interchange Area, Dick Schreier/Patriot State Bank, Michael Grochala 7. Unfinished Business A) None. 8. New Business A) Consider approval of February 27, 2006 City Council Meeting Minutes Council Member Stoltz was absent Pg 153 -160 B) Consider approval of February 27, 2006 Council Work Session Pg 161 -162 Minutes Council Member Stoltz was absent 9. Community Calendar, March 14, 2006 through March 27, 2006: 10. Adjourn I I 14 • EXPENDITURES MARCH 13, 2006 • • Date: 02/23/2006 Time: 12:58:22 Ranges: • Vendor #: (A) Invoice #: (A) Entry Journal #: (r) 5198 5198 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: s Sort: N City of Lino Lakes Operator: JAL Page: 1 FM Entry - Invoice Journal Invoice Status: A # of copies: 1 Check Over Expend: N Vendor # Name Discount # of items Net Gross Discount Lost 000134 BOLDT, ROBERT 1 312.32 312.32 .00 .00 000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 333.20 333.20 .00 .00 000537 CENTRAL PENSION FUND 1 2,441.00 2,441.00 .00 .00 001395 NEXTEL COMMUNICATIONS 1 440.78 440.78 .00 .00 001559 FRANCIS, LINDA 1 42.58 42.58 .00 .00 002000 INTL UNION OF OPER ENGR 1 450.00 450.00 .00 .00 002590 MICKELSON, LESTER 1 89.98 89.98 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 246.42 246.42 .00 .00 003091 MN NCPERS LIFE INSURANCE 1 448.00 448.00 .00 .00 003250 XCEL ENERGY 1 12,275.64 12,275.64 .00 .00 004798 BURKEL, MIKE 1 125.00 125.00 .00 .00 11108 SEASONS RESTAURANT, THE 1 44.74 44.74 .00 .00 Grand Totals: 12 17,249.66 17,249.66 .00 .00* • Date: 03/03/2006 Time: 08:31:13 Ranges: • Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 5226 - 5226 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 Vendor # Name Discount # of items Net Gross Discount Lost 001293 DARE AMERICA MERCHANDISE, INC. 1 324.00 324.00 .00 .00 004240 STREICHER'S, INC. 1 392.91 392.91 .00 .00 004350 T.K.D.A. 2 4,769.39 4,768.39 .00 .00 Grand Totals: 4 5,485.30 5,485.30 .00 .00* • • Date: 03/03/2006 Time: 08:32:31 City of Lino Lakes FM Entry - Invoice Journal Ranges: • Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 5227 - 5227 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Vendor # Name # of items Net Gross Discount Lost Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount 000093 ACE SOLID WASTE, INC. 1 366.50 366.50 .00 .00 000095 ADVANCED GRAPHIX, INC. 1 324.83 324.83 .00 .00 000148 TARGET 1 249.26 249.26 .00 .00 000174 W. W. GOETSCH ASSOCIATES, INC. 1 320.57 320.57 .00 .00 000225 WHITE BEAR LOCKSMITH, INC. 1 162.63 162.63 .00 .00 000293 WIPERS AND WIPES, INC. 2 330.57 330.57 .00 .00 0003250 JOHNSON, KEVIN 1 206.66 206.66 .00 .00 000430 ANOKA COUNTY G.I.S. DIVISION 1 5,814.90 5,814.90 .00 .00 000440 ANOKA COUNTY GOVERNMENT CENTER 3 334.04 334.04 .00 .00 000465 MN DEPT OF ADMIN /INTECH GROUP 1 37.00 37.00 .00 .00 000468 RELIASTAR LIFE INSURANCE COMPANY 1 1,451.83 1,451.83 .00 .00 111/189 TDS METROCOM 1 1,412.54 1,412.54 .00 .00 25 RAMSEY COUNTY 1 300.00 300.00 .00 .00 000540 AUTO- MEDICS, INC. 2 266.26 266.26 .00 .00 000541 ASPEN MILLS, INC. 1 6.39 6.39 .00 .00 000649 MSTMA C/O RANDY BASTYR 1 15.00 15.00 .00 .00 000685 BILL'S GUN SHOP /RANGE -BJAM, INC. 1 31.95 31.95 .00 .00 000724 BLUE TOW SERVICE, INC. 1 121.15 121.15 .00 .00 000758 IMPERIAL HOMES, INC. 1 257.30 257.30 .00 .00 000771 POWER PLAN 1 140.46 140.46 .00 .00 000863 MYERS TIRE - MINNEAPOLIS #28, INC. 1 488.35 488.35 .00 .00 000879 PREFERRED ONE COMMUNITY HEALTH PLAN 1 37,826.84 37,826.84 .00 .00 • Date: 03/03/2006 Time: 08:32:31 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Vendor # Name Discount # of items Net Gross Discount Lost •13 TARO SPORTSWEAR, INC. /SATURN SCREENPRINT 1 318.90 318.90 .00 .00 000946 C. P. OFFICE PRODUCTS 3 789.07 789.07 .00 .00 000970 VERIZON WIRELESS 1 57.34 57.34 .00 .00 000998 AGGREGATE INDUSTRIES, INC. 1 1,164.11 1,164.11 .00 .00 001000 CATCO PARTS, INC. 1 128.09 128.09 .00 .00 001050 CENTENNIAL SCHOOLS 1 97.01 97.01 .00 .00 001067 CENTURY COLLEGE 1 1,785.00 1,785.00 .00 .00 001095 DAHLGREN SHARDLOW AND UBAN, INC. 1 116.11 116.11 .00 .00 001100 CIRCLE PINES POST OFFICE 1 517.92 517.92 .00 .00 001103 FINGERPRINT AMERICA, INC. 1 323.00 323.00 .00 .00 001110 CIRCLE PINES, CITY OF 1 11,431.40 11,431.40 .00 .00 001265 BOYER TRUCKS 3 412.99 412.99 .00 .00 001292 DEHN OIL COMPANY, INC. 1 3,838.55 3,838.55 .00 .00 001295 MINNESOTA NATIVE PLANT SOCIETY 1 15.00 15.00 .00 .00 001301 DELTA DENTAL PLAN OF MINNESOTA 1 4,134.65 4,134.65 .00 .00 001380 EARL ANDERSON ASSOCIATION, INC. 1 98.15 98.15 .00 .00 •95 NEXTEL COMMUNICATIONS 1 616.99 616.99 .00 .00 55 FBI NORTHWEST CHAPTER /FBINAA 1 60.00 60.00 .00 .00 001527 FOREST LAKE AREA 1 5,000.00 5,000.00 .00 .00 001550 ASSURANT EMPOLYEE BENEFITS 1 943.38 943.38 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 1 88.17 88.17 .00 .00 001621 GREG LARSON SPORTS - GLS, INC. 1 693.08 693.08 .00 .00 001859 HOME DEPOT CREDIT SERVICES 1 602.86 602.86 .00 .00 001971 INFRATECH TECHNOLOGIES, INC. 2 2,212.00 2,212.00 .00 .00 002200 KUSTOM SIGNALS, INC. 1 126.48 126.48 .00 .00 002328 LEEF BROTHER, INC. 1 17.08 17.08 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 2 188.94 188.94 .00 .00 • Date: 03/03/2006 Time: 08:32:32 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Vendor # Name Discount # of items Net Gross Discount Lost •40 LITTLE FALLS MACHINE, INC. 2 5,888.84 5,888.84 .00 .00 002550 MENARDS, INC. 1 8.97 8.97 .00 .00 002584 METRO SALES INCORPORATED 2 936.00 936.00 .00 .00 002689 MILLERS ON THE MAIN 1 96.20 96.20 .00 .00 002700 CENTERPOINT /MINNEGASCO, INC. 1 816.23 816.23 .00 .00 002820 MN. POLLUTION CONTROL AGENCY 1 23.00 23.00 .00 .00 002849 MINNESOTA PETROLEUM SERVICE, INC. 1 82.97 82.97 .00 .00 003050 MRPA 1 30.00 30.00 .00 .00 003250 XCEL ENERGY 1 4.21 4.21 .00 .00 003370 NYSTROM PUBLISHING COMPANY, INC. 1 5,157.68 5,157.68 .00 .00 003492 PETTY CASH 1 223.49 223.49 .00 .00 003600 PRESS PUBLICATIONS, INC. 2 289.05 289.05 .00 .00 003882 SHRED -IT, INC. 1 55.95 55.95 .00 .00 003910 SAM'S CLUB, INC. 1 278.06 278.06 .00 .00 003927 HENRY'S WATERWORKS, INC. 1 1,192.80 1,192.80 .00 .00 004009 PEAK STAFFING 1 558.00 558.00 .00 .00 411163 ANOKA COUNTY LICENSE BUREAU 1 1,339.58 1,339.58 .00 .00 42 STANDARD TRUCK & AUTO, INC. 1 392.54 392.54 .00 .00 004150 STAR TRIBUNE, INC. 1 111.80 111.80 .00 .00 004240 STREICHER'S, INC. 8 1,746.18 1,746.18 .00 .00 004350 T.K.D.A. 2 12,019.25 12,019.25 .00 .00 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 2 630.00 630.00 .00 .00 004562 NATIONAL WATERWORKS, INC. 1 5,313.10 5,313.10 .00 .00 004590 UNIFORMS UNLIMITED, INC. 3 2,613.82 2,613.82 .00 .00 004606 U. S. BANK 9 5,117.50 5,117.50 .00 .00 004713 MANSETTI'S PIZZA & PASTA, INC. 1 51.68 51.68 .00 .00 004788 SPRINT 1 85.48 85.48 .00 .00 • Date: 03/03/2006 Time: 08:32:32 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 4 Vendor # Name Discount # of items Net Gross Discount Lost •42 BARTELL, JULIE 1 35.76 35.76 .00 .00 004920 DAKOTA COUNTY SHERIFF 1 60.00 60.00 .00 .00 005006 HEIDER, DEB 1 64.00 64.00 .00 .00 005019 INTERNATIONAL ASSOC OF PROPERTY /EVIDENCE 1 100.00 100.00 .00 .00 005023 J. J. KELLER & ASSOCIATES, INC. 1 277.57 277.57 .00 .00 006304 TBS OFFICE AUTOMATIONS, INC. 1 10.00 10.00 .00 .00 900062 LAUER, TOM 1 100.00 100.00 .00 .00 900082 MPSA 1 60.00 60.00 .00 .00 900085 METROPOLITAN COUNCIL 1 7.99 7.99 .00 .00 900187 OWATONNA CRYSLER 1 20,032.00 20,032.00 .00 .00 900247 UPPER MIDWEST COMMUNITY POLICING INSTITU 2 2,570.00 2,570.00 .00 .00 Grand Totals: 120 154,621.00 154,621.00 .00 .00* • • Date: 03/03/2006 Time: 08:44:36 •ges: Options: Operator: JAL Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: Cash #: Payroll Check Dates: (A) (A) (A) (A) (A) (R) (A) (A) (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name 76081 0 76083 0 0 0 0 76085 0 76087 76088 0 0 0 • 0 • 5199 5231 Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept Amount AMERICAN FAMILY LIFE A BLUE TOW SERVICE, INC. CENTRAL PENSION FUND DELTA DENTAL PLAN OF M FOREST LAKE AREA HEIDER, DEB IMPERIAL HOMES, INC. INTL UNION OF OPER ENG JOHNSON, KEVIN MN CHILD SUPPORT PAYME MN NCPERS LIFE INSURAN PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN T.K.D.A. PAYROLL WITHHOLDING TOW /'95 CHEV MONTE CARLO PAYROLL WITHHOLDING DENTAL INSURANCE DIVERSIONARY SERVICES REIMBURSE PROGRAM REC REIMBURSE HYDRANT METER PAYROLL WITHHOLDING REIMBURSE PARKING /LODGIN PAYROLL WITHHOLDING /TERR PAYROLL WITHHOLDING MEDICAL INSURANCE LIFE INSURANCE MARSHAN MEADOWS /JANUARY Total for Dept ** TARO SPORTSWEAR, INC./ T- SHIRTS Total for Dept 202 O ANOKA COUNTY GOVERNMEN PROGRAM REC O CENTENNIAL SCHOOLS PROGRAM REC /SWEETHEART D O SAM'S CLUB, INC. MEMBERSHIP Total for Dept 205 O GREG LARSON SPORTS O TARGET G BALLS /BATS DONUTS /JUICE Total for Dept 207 0 GREG LARSON SPORTS - G BALLS /BATS 0 LAUER, TOM PROGRAM REC Total for Dept 208 O BARTELL, JULIE REIMBURSE TIMER /MUFFINS O MANSETTI'S PIZZA & PAS PIZZA /COUNCIL RETREAT O MILLERS ON THE MAIN BOX LUNCHES O NYSTROM PUBLISHING COM CITY NEWSLETTER * * * * * * ** 333.20 * * * * * * ** 121.15 * * * * * * ** 2,441.00 * * * * * * ** 2,440.18 * * * * * * ** 5,000.00 * * * * * * ** 64.00 * * * * * * ** 257.30 * * * * * * ** 450.00 * * * * * * ** 206.66 * * * * * * ** 246.42 * * * * * * ** 448.00 * * * * * * ** 8,485.70 * * * * * * ** 1,080.62 * * * * * * ** 5,260.44 26,834.67* ADULT SP 318.90 318.90* SPECIAL 104.30 SPECIAL 97.01 SPECIAL 33.06 234.37* YOUTH IN 366.04 YOUTH IN 21.65 387.69* YOUTH SP 327.04 YOUTH SP 100.00 427.04* MAYOR /CO 35.76 MAYOR /CO 51.68 MAYOR /CO 96.20 MAYOR /CO 5,157.68 Date: 03/03/2006 Time: 08:44:36 Operator: JAL Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept O TARGET 0 TIMESAVER 0 0 0 0 0 0 0 0 0 76080 0 • • DONUTS /JUICE OFF -SITE SEC FEB 8 Total for Dept ANOKA COUNTY GOVERNMEN ASSURANT EMPOLYEE BENE DELTA DENTAL PLAN OF M NEXTEL COMMUNICATIONS PEAK STAFFING PREFERRED ONE COMMUNIT PRESS PUBLICATIONS, IN RELIASTAR LIFE INSURAN SAM'S CLUB, INC. M SEASONS RESTAURANT, TH SPRINT 401 MEETINGS /GORDON H & MIKE LONG TERM DISABILITY INS DENTAL INSURANCE MONTHLY SERVICE /JANUARY BUILDING TECH /ALISSA MIL MEDICAL INSURANCE ADVERTISING /RECEPTIONIST LIFE INSURANCE MEMBERSHI P MEETING /GORDON H & MIKE MONTHLY SERVICE /JANUARY Total for Dept 402 MAYOR /CO MAYOR /CO ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST 0 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS SENIORS O NEXTEL COMMUNICATIONS MONTHLY SERVICE /JANUARY SENIORS O RELIASTAR LIFE INSURAN LIFE INSURANCE SENIORS 0 TDS METROCOM MONTHLY SERVICE /JANUARY SENIORS Total for Dept 406 O ASSURANT EMPOLYEE BENE O DELTA DENTAL PLAN OF M O IMAGE PRINTING & GRAPH O PREFERRED ONE COMMUNIT O RELIASTAR LIFE INSURAN O SAM'S CLUB, INC. LONG TERM DISABILITY DENTAL INSURANCE REPORT COVERS MEDICAL INSURANCE LIFE INSURANCE MEMBERSHIP Total for Dept 407 O ASSURANT EMPOLYEE BENE LONG TERM DISABILITY 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE O PREFERRED ONE COMMUNIT MEDICAL INSURANCE O PRESS PUBLICATIONS, IN ISSUANCE OF REC NOTES O RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 415 INS FINANCE FINANCE FINANCE FINANCE FINANCE FINANCE INS ECONOMIC ECONOMIC ECONOMIC ECONOMIC ECONOMIC O ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS PLANNING O DELTA DENTAL PLAN OF M DENTAL INSURANCE PLANNING O PREFERRED ONE COMMUNIT MEDICAL INSURANCE PLANNING O RELIASTAR LIFE INSURAN LIFE INSURANCE PLANNING Total for Dept 416 0 ANOKA COUNTY G.I.S. DI TIFF IMAGES ENGINEER Total for Dept 417 O ANOKA COUNTY GOVERNMEN MEETINGS / GORDON H & MIKE COMM DEV O ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS COMM DEV 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE COMM DEV Amount 108.37 630.00 6,079.69* 22.37 77.17 122.61 44.99 558.00 2,618.92 239.00 28.50 70.00 22.37 85.48 3,889.41* 4.81 84.08 4.75 36.54 130.18* 50.41 107.30 91.22 770.09 14.97 35.00 1,068.99* 14.34 30.65 352.18 50.05 4.75 451.97* 27.68 61.30 704.36 9.50 802.84* 5,814.90 5,814.90* 22.37 30.69 61.30 Date: 03/03/2006 Time: 08:44:36 Operator: JAL Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount 0 NEXTEL COMMUNICATIONS MONTHLY SERVICE /JANUARY 0 PREFERRED ONE COMMUNIT MEDICAL INSURANCE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE 76080 M SEASONS RESTAURANT, TH MEETING /GORDON H & MIKE Total for Dept 418 0 0 0 0 76079 0 0 0 0 0 0 0 0 0 0 76089 0 0 0 0 0 0 0 0 0 0 0 0 0 • • ADVANCED GRAPHIX, INC. ASPEN MILLS, INC. ASSURANT EMPOLYEE BENE BILL'S GUN SHOP /RANGE- M BURKEL, MIKE CENTURY COLLEGE DAKOTA COUNTY SHERIFF DARE AMERICA MERCHANDI DELTA DENTAL PLAN OF M FBI NORTHWEST CHAPTER/ FINGERPRINT AMERICA, I INTERNATIONAL ASSOC OF KUSTOM SIGNALS, INC. METRO SALES INCORPORAT MN DEPT OF ADMIN /INTEC NEXTEL COMMUNICATIONS PETTY CASH PREFERRED ONE COMMUNIT RAMSEY COUNTY RELIASTAR LIFE INSURAN SAM'S CLUB, INC. SHRED -IT, INC. STREICHER'S, INC. TARGET TDS METROCOM UNIFORMS UNLIMITED, IN UPPER MIDWEST COMMUNIT VERIZON WIRELESS XCEL ENERGY CAR GRAPHICS NAME TAG LONG TERM DISABILITY INS RANGE TIME SEMINAR /KEVIN J TRAINING MEMBERSHIP WORKBOOKS DENTAL INSURANCE DUES /BILL H IDENTIFICATION KIT MEMBERSHIP DUES /JACKIE B CONXALL /REPAIR ADAPTOR COPIER MAINTENANCE JANUARY USAGE MONTHLY SERVICE /JANUARY TV REPAIR /SUPPLIES /PHOTO MEDICAL INSURANCE REGISTRATION /MELINDA B & LIFE INSURANCE MEMBERSHIP DESTROY CONFIDENTIAL MAT HAT /HOLDER /GLOVES DONUTS /JUICE MONTHLY SERVICE /JANUARY STREETGEAR CERTIFICATION /5 MONTHLY SERVICE /JANUARY MONTHLY SERVICE /JANUARY Total for Dept 420 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE 0 PREFERRED ONE COMMUNIT MEDICAL INSURANCE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 421 0 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE 0 FRATTALLONE'S HARDWARE CAULK 0 NEXTEL COMMUNICATIONS MONTHLY SERVICE /JANUARY 0 PREFERRED ONE COMMUNIT MEDICAL INSURANCE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE 0 SAM'S CLUB, INC. MEMBERSHIP Total for Dept 422 COMM DEV 14.01 COMM DEV 660.28 COMM DEV 9.50 COMM DEV 22.37 820.52* POLICE 324.83 POLICE 6.39 POLICE 368.07 POLICE 31.95 POLICE 125.00 POLICE 1,785.00 POLICE 60.00 POLICE 324.00 POLICE 455.18 POLICE 60.00 POLICE 323.00 POLICE 100.00 POLICE 126.48 POLICE 225.00 POLICE 37.00 POLICE 440.78 POLICE 223.49 POLICE 12,651.70 POLICE 300.00 POLICE 147.25 POLICE 35.00 POLICE 55.95 POLICE 2,139.09 POLICE 76.65 POLICE 748.42 POLICE 2,613.82 POLICE 2,570.00 POLICE 57.34 POLICE 4.21 26,415.60* FIRE 89.83 FIRE 1,802.06 FIRE 14.25 1,906.14* BUILDING 97.64 BUILDING 91.97 BUILDING 10.11 BUILDING 77.29 BUILDING 1,914.56 BUILDING 21.37 BUILDING 35.00 2,247.94* Date: 03/03/2006 Time: 08:44:36 Operator: JAL Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills 111/1k # Vendor Alpha Name 0 0 76082 0 0 0 0 76086 0 0 0 0 0 0 76090 Description Dept Amount AGGREGATE INDUSTRIES, ASSURANT EMPOLYEE BENE BOLDT, ROBERT DELTA DENTAL PLAN OF M EARL ANDERSON ASSOCIAT FRATTALLONE'S HARDWARE HENRY'S WATERWORKS, IN MICKELSON, LESTER MINNESOTA PETROLEUM SE NEXTEL COMMUNICATIONS PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN SAM'S CLUB, INC. TDS METROCOM XCEL ENERGY 0 ANOKA COUNTY GOVERNMEN 0 ANOKA COUNTY LICENSE B 0 ASSURANT EMPOLYEE BENE 0 AUTO- MEDICS, INC. 0 BOYER TRUCKS 0 CATCO PARTS, INC. 0 DEHN OIL COMPANY, INC. 0 DELTA DENTAL PLAN OF M 0 FRATTALLONE'S HARDWARE 0 J. J. KELLER & ASSOCIA 0 LEEF BROTHER, INC. 0 LITTLE FALLS MACHINE, •0 MYERS TIRE - MINNEAPOL 0 OWATONNA CRYSLER 0 POWER PLAN 0 PREFERRED ONE COMMUNIT 0 RELIASTAR LIFE INSURAN 0 STANDARD TRUCK & AUTO, 0 0 0 0 0 76084 0 0 0 0 0 0 0 • ACE SOLID WASTE, INC. ASSURANT EMPOLYEE BENE C. P. OFFICE PRODUCTS CIRCLE PINES, CITY OF DELTA DENTAL PLAN OF M FRANCIS, LINDA HOME DEPOT CREDIT SERV MENARDS, INC. METRO SALES INCORPORAT PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN STAR TRIBUNE, INC. TBS OFFICE AUTOMATIONS GRAVEL STREETS LONG TERM DISABILITY INS STREETS REIMBURSE CLOTHING ALLOW STREETS DENTAL INSURANCE STREETS STREET SIGN STREETS CAULK STREETS COLD PATCH WINTER MIX STREETS REIMBURSE CLOTHING ALLOW STREETS CARDS /ENCODING /PAPER STREETS MONTHLY SERVICE /JANUARY STREETS MEDICAL INSURANCE STREETS LIFE INSURANCE STREETS MEMBERSHIP STREETS MONTHLY SERVICE /JANUARY STREETS MONTHLY SERVICE /JANUARY STREETS Total for Dept 430 HAZARDOUS WASTE LICENSE FLEET LICENSE TABS FLEET LONG TERM DISABILITY INS FLEET TOW /'96 FORD WINDSTAR FLEET COMBI FLEET VALVE /CORE FLEET GASOHOL FLEET DENTAL INSURANCE FLEET CAULK FLEET INSPECTION REPORTS FLEET SHOP TOWELS FLEET MOLDBOARD FLEET JUMP-N-CARRY FLEET 2006 FORD F -150 FLEET LOCK FLEET MEDICAL INSURANCE FLEET LIFE INSURANCE FLEET U -BOLDT /SPRING PACK FLEET Total for Dept 431 MONTHLY SERVICE /MARCH GOVERNME LONG TERM DISABILITY INS GOVERNME LAMINATOR GOVERNME MONTHLY SERVICE /FEBRUARY GOVERNME DENTAL INSURANCE GOVERNME REIMBURSE KEYBOARD /MOUSE GOVERNME HARDWARE /ELECTRICAL /LIGH GOVERNME REVEAL EDGE CUT GOVERNME COPIER MAINTENANCE GOVERNME MEDICAL INSURANCE GOVERNME LIFE INSURANCE GOVERNME SUBSCRIPTION GOVERNME TONER GOVERNME 1,164.11 74.71 312.32 179.31 98.15 48.05 1,192.80 89.98 82.97 62.21 1,949.89 34.90 35.00 115.08 4,120.14 9,559.62* 185.00 1,339.58 13.55 266.26 412.99 128.09 3,838.55 35.25 2.44 277.57 17.08 5,888.84 488.35 20,032.00 140.46 646.83 5.46 392.54 34,110.84* 366.50 8.39 789.07 10,873.38 30.65 42.58 242.38 8.97 711.00 352.18 4.75 111.80 10.00 Date: 03/03/2006 Time: 08:44:36 Operator: JAL Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount 0 TDS METROCOM MONTHLY SERVICE /JANUARY GOVERNME 0 WHITE BEAR LOCKSMITH, SENIOR CENTER GOVERNME 0 WIPERS AND WIPES, INC. KLEENEX /TISSUE GOVERNME 76090 XCEL ENERGY MONTHLY SERVICE /JANUARY GOVERNME Total for Dept 432 0 0 0 0 0 0 0 0 0 0 0 0 76090 ASSURANT EMPOLYEE BENE CENTERPOINT /MINNEGASCO CIRCLE PINES, CITY OF DELTA DENTAL PLAN OF M FRATTALLONE'S HARDWARE HOME DEPOT CREDIT SERV MPSA MSTMA C/O RANDY BASTYR NEXTEL COMMUNICATIONS PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN TDS METROCOM XCEL ENERGY T 0 ASSURANT EMPOLYEE BENE 0 DELTA DENTAL PLAN OF M 0 MRPA 0 PREFERRED ONE COMMUNIT 0 RELIASTAR LIFE INSURAN 0 SAM'S CLUB, INC. 0 TARGET LONG TERM DISABILITY INS PARKS MONTHLY SERVICE /FEBRUARY PARKS MONTHLY SERVICE /FEBRUARY PARKS DENTAL INSURANCE PARKS CAULK PARKS HARDWARE /ELECTRICAL /LIGH PARKS MEETING /MIKE H PARKS MEMBERSHIP /STEVE G PARKS MONTHLY SERVICE /JANUARY PARKS MEDICAL INSURANCE PARKS LIFE INSURANCE PARKS MONTHLY SERVICE /JANUARY PARKS MONTHLY SERVICE /JANUARY PARKS otal for Dept 450 LONG TERM DISABILITY INS DENTAL INSURANCE REGISTRATION /LIZ B MEDICAL INSURANCE LIFE INSURANCE MEMBERSHIP DONUTS /JUICE Total for Dept 451 •0 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE 0 METROPOLITAN COUNCIL MANUAL 0 NEXTEL COMMUNICATIONS MONTHLY SERVICE /JANUARY 0 PREFERRED ONE COMMUNIT MEDICAL INSURANCE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 461 0 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE 0 MINNESOTA NATIVE PLANT MEMBERSHIP /MARTY A 0 PREFERRED ONE COMMUNIT MEDICAL INSURANCE 0 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 462 • RECREATI RECREATI RECREATI RECREATI RECREATI RECREATI RECREATI ENVIRONM ENVIRONM ENVIRONM ENVIRONM ENVIRONM ENVIRONM SOLID WA SOLID WA SOLID WA SOLID WA SOLID WA 0 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS FORESTRY 0 DELTA DENTAL PLAN OF M DENTAL INSURANCE FORESTRY 0 PREFERRED ONE COMMUNIT MEDICAL INSURANCE FORESTRY 0 RELIASTAR LIFE INSURAN LIFE INSURANCE FORESTRY Total for Dept 463 364.90 162.63 330.57 4,037.99 18,447.74* 67.76 162.10 558.02 137.94 23.53 360.48 60.00 15.00 214.27 891.00 26.13 41.52 343.26 2,901.01* 36.20 98.08 30.00 1,131.26 15.20 35.00 42.59 1,388.33* 10.53 10.72 7.99 46.06 196.02 4.04 275.36* 4.55 9.20 15.00 201.96 1.43 232.14* 5.31 10.73 196.02 1.66 213.72* Date: 03/03/2006 Time: 08:44:36 Operator: JAL Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills # Vendor Alpha Name Description Dept Amount 0 U. S. BANK 0 ASSURANT EMPOLYEE BENE 0 CENTERPOINT /MINNEGASCO 76091 M CIRCLE PINES POST OFFI 0 DELTA DENTAL PLAN OF M 0 FRATTALLONE'S HARDWARE 0 0 0 0 0 0 76090 IMAGE PRINTING & GRAPH NATIONAL WATERWORKS, I NEXTEL COMMUNICATIONS PREFERRED ONE COMMUNIT RELIASTAR LIFE INSURAN TDS METROCOM XCEL ENERGY 0 ASSURANT EMPOLYEE BENE 76091 M CIRCLE PINES POST OFFI 0 DELTA DENTAL PLAN OF M 0 INFRATECH TECHNOLOGIES 0 MN. POLLUTION CONTROL 0 PREFERRED ONE COMMUNIT 0 RELIASTAR LIFE INSURAN 0 W. W. GOETSCH ASSOCIAT 76090 XCEL ENERGY 0 DAHLGREN SHARDLOW AND • 0 T.K.D.A. • IMPROVEMENT BONDS 1998 A Total for Dept 470 LONG TERM DISABILITY INS MONTHLY SERVICE /FEBRUARY UTILITY BILLING POSTAGE DENTAL INSURANCE CAULK WATER METER TAGS PORTS /COUPLER MONTHLY SERVICE /JANUARY MEDICAL INSURANCE LIFE INSURANCE MONTHLY SERVICE /JANUARY MONTHLY SERVICE /JANUARY Total for Dept 494 LONG TERM DISABILITY INS UTILITY BILLING POSTAGE DENTAL INSURANCE PIPE CONNECTIONS CERTIFICATION /JEFF F MEDICAL INSURANCE LIFE INSURANCE SEALS MONTHLY SERVICE /JANUARY Total for Dept 495 AUAR LOIS LANE UTIILITY /JANUA Total for Dept 499 DEBT SER 5,117.50 5,117.50* WATER 25.78 WATER 654.13 WATER 258.96 WATER 96.55 WATER 4.04 WATER 97.72 WATER 5,313.10 WATER 74.08 WATER 1,327.01 WATER 11.42 WATER 106.08 WATER 2,041.54 10,010.41* SEWER 25.79 SEWER 258.96 SEWER 65.90 SEWER 2,212.00 SEWER 23.00 SEWER 974.82 SEWER 11.38 SEWER 320.57 SEWER 1,732.71 5,625.13* OTHER 116.11 OTHER 11,527.20 11,643.31* Grand Total 177,355.96* Centennial Fire District Check Register 3/3/2006 • The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 3/3/2006 15077 3/3/2006 15078 3/3/2006 15079 3/3/2006 15080 3/3/2006 15081 3/3/2006 15082 3/3/2006 15083 3/3/2006 15084 3/3/2006 15085 3/3/2006 15086 3/3/2006 15087 3/3/2006 15088 3/3/2006 15089 3/3/2006 15090 3/3/2006 15091 3/3/2006 15092 3/3/2006 15093 3/3/2006 15094 3/3/2006 15095 3/3/2006 15096 • • Capitol City Mutual Aid Association Centennial Utilities CenterPoint Energy Comfort Plus Heating and Cooling David Bruder Emergency Apparatus Maintenance Frattallone's Hardware Keeprs, Inc. Liz Sheehy McLeod USA Metro Fire Metrocall MN Chapter IAAI /Jeffrey G. Schadegg MN Metro Fire Chief Officer's Assocation Randy D. Lauderbaugh Rivard Tailoring Sedgwick Speedway SuperAmerica Verizon Wireless Viking Office Products 1 of 1 - 17 - ACCOUNT 42200 - Dues and Memberships 42251 - Station 1 - Gas 42253 - Station 2 - Gas 42110 - Other Maintenance 42220 - Travel, Conference & School 42000 - Vehicle Maintenance 42110 - Other Maintenance 42120 - Uniform Expense 42220 - Travel, Conference & School 42240 - Telephone 42130 - Equipment Expense 42240 - Telephone 42220 - Travel, Conference & School 42200 - Dues and Memberships 42200 - Dues and Memberships 42120 - Uniform Expense 42110 - Other Maintenance 42100 - Fuel & Lube 42240 - Telephone 42180 - Office Supplies AMOUNT 50.00 741.03 1,204.76 98.00 48.92 3,230.14 13.13 161.67 371.90 356.35 547.71 92.03 120.00 100.00 75.00 147.50 799.00 82.23 84.89 46.77 8,371.03 • • • STAFF ORIGNINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 1B Julie Bartell, City Clerk March 13, 2006 Consider Resolution 06 -42, Approving Application for Temporary On -Sale Liquor License and Resolution 06 -41, Approving Application to Conduct Off -Site Gambling, Circle -Lex Lions Club Simple Majority (3/5 Vote) The Circle -Lex Lions Club is planning its annual fundraising dinner for April 22, 2006 at St. Joseph Catholic Church, 171 Elm Street. A licensed organization, under the State Gambling Statutes, may conduct lawful gambling on a site other than the organization's permitted premises for one day per calendar year or within a 12- consecutive -day period in a calendar year in connection with a county fair, church festival or a civic celebration. The Circle -Lex Lions Club has submitted an application, for council approval, to conduct a raffle at this annual fundraiser. As required by the Gambling Control Board, the approval must be in the form of a resolution. The Lions Club has also submitted an application requesting approval for a 1 to 4 Day Temporary On -Sale Liquor License. The mixed drinks will be served as part of the dinner and will not be sold separately. The temporary on -sale license application must be approved by the city council and forwarded, by the organization, to the Alcohol & Gambling Enforcement Division at least 30 days prior to the event. City policy requires a background investigation each time a permit or license application is received. The Lino Lakes Police Department conducted an investigation and found no reason to deny the application. All completed forms, including the certificate of general liability and liquor liability, are on file in the city clerk's office. OPTIONS: 1. Approve applications for the 1 to 4 day temporary on -sale liquor license and the off -site gambling license. 2. Deny applications. RECOMMENDATION: 1. Approve applications. - 1 8 - • • CITY OF LINO LAKES RESOLUTION NO. 06 -41 RESOLUTION APPROVING CIRCLE -LEX LIONS REQUEST TO CONDUCT OFF -SITE GAMBLING WHEREAS, Minnesota State Statute, Section 349 requires organizations to be licensed by the Charitable Gambling Control Board, and WHEREAS, the Circle -Lex Lions Club has acquired said license, and WHEREAS, the Circle -Lex Lions Club has submitted an application to hold its annual off -site gambling activity at St. Joseph Catholic Church on April 22, 2006, and WHEREAS, the Minnesota Gambling Control Board requires the City of Lino Lakes approve or deny this application by resolution, and WHEREAS, the Circle -Lex Lions Club is in compliance with City ordinance, NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the off -site gambling activities of the Circle -Lex Lions Club being conducted at St. Joseph Catholic Church, 171 Elm Street. Adopted by the Lino Lakes City Council this 13th day of March, 2006 ATTEST: Julianne Bartell, City Clerk John Bergeson, Mayor • • • CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 06 -42 RESOLUTION APPROVING CIRCLE -LEX LIONS APPLICATION FOR A TEMPORARY ON -SALE LIQUOR LICENSE WHEREAS, Minnesota State Statute, Section 340, allows city council to issue a temporary on -sale liquor license to a non - profit organization in connection with a social event sponsored by the licensee and held within the city limits; and WHEREAS, the Circle -Lex Lions Club has completed the necessary license application and paid the required fee, and WHEREAS, the City of Lino Lakes has conducted the required background investigation, and WHEREAS, the Alcohol & Gambling Enforcement Division requires the application to be approved by the Lino Lakes City Council in the form of a resolution before submitting to liquor control. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the request of the Circle -Lex Lions Club for a temporary on -sale liquor license. Adopted by the Lino Lakes City Council this 13th day of March, 2006. ATTEST: Julianne Bartell, City Clerk John Bergeson, Mayor AGENDA ITEM 1 Cai STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: March 13, 2006 TOPIC: Resolution No. 06 — 47, Approving Development Contract, Millers Crossroads 3rd Addition Vote Required: Simple Majority BACKGROUND: The City Council approved a Preliminary Plat for Miller's Crossroads on September 22, 2003. The Final Plat for Miller's Crossroads 1st Addition was approved by the City Council on February 23, 2004 and the Final Plat for Miller's Crossroads 2nd Addition was approved by the City Council on January 24, 2005. Millers Crossroads 3rd Addition provides for the construction of 32 residential units on a 2.7 Acre parcel of property near the intersection of Birch Street and Hodgson Road. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Contract. The contract provides for the following: 1. A Letter of Credit submitted by the developer for the development improvement costs is not required for this development, since the improvements were installed during the previous phase. 2. Submittal by the developer of a Letter of Credit in the amount of $40,000.00 representing 35 percent of the City improvement costs to insure the payment of assessments for this project. 3. Deposit of a cash escrow in the amount of $95,000.00 to reimburse the City for costs incurred by the City related to the deveiopment and improvements of the site. Bruggeman Properties LLC, has reviewed the contract and are aware of the conditions set forth. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 06 — 47, approving Development Contract for Millers Crossroads 3rd Addition. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 06 — 47 be approved. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -47 RESOLUTION APPROVING DEVELOPMENT CONTRACT, MILLER'S CROSSROADS 3RD WHEREAS, the City Council approved a Preliminary Plat for Miller's Crossroads on September 2003 with Resolution 03 -142, and; WHEREAS, the City Council approved the Final Plat for Miller's Crossroads 1st Addition on February 23, 2004, and; WHEREAS, the City Council approved the Final Plat for Miller's Crossroads 2nd Addition on January 24, 2005, 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 Bruggeman Properties, LLC for Miller's Crossroads 3rd Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th day of March, 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. -22- DEVELOPMENT CONTRACT Millers Crossroads 3rd Addition THIS AGREEMENT made this 13th day of March 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 BruRaeman Properties, LLC whose address is 3564 Rollingview Drive. White Bear Lake, Minnesota, 55110, 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 Millers Crossroads 3`d Addition, hereinafter called "Subdivision ", said land is legally described to -wit Outlot C, MILLERS CROSSROADS, and Outlot J MILLERS CROSSROADS 2D ADDITION according to the recorded plats on file and of record in the Office of the County Recorders Office, Anoka County, Minnesota. WHEREAS, the Developer requested that the City construct and finance certain improvements to service the subdivision; 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, and WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat; and herein, Development Contract Millers Crossroads 3rd Addition March 13, 2006 NOW, THEREFORE, in consideration of the mutual promises of the parties made IT IS AGREED BY AND BETWEEN THE PARllhS HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". B. Improvements to be installed by the City and financed by the Developer are hereinafter referred to as "City Improvements ". II. DEVELOPER'S IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, preliminary street and utility plan, 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 was submitted and approved by the City with the first phase of the subdivision. Erosion Control Plan a) The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. b) The Developer shall submit a Turf Establishment Plan which details topsoil placement, seeding, sodding, mulching, fertilizing and watering. Said plan shall be approved by the City prior to the commencement of site grading or construction. page 2 - 24 - Development Contract Millers Crossroads 3`d Addition March 13, 2006 3. Tree Preservation Plan a) Developer will provide a tree preservation plan prior to any site grading which shall be in accordance with the City Tree Preservation Policy. Developer shall provide a cash escrow as security, in the amount specified in Attachment B, to insure implementation of the Tree Preservation Plan. Site activities shall not commence until review of the plan and site has been completed by the City Forester. b) The Developer shall remove, dispose of, or treat all dead and diseased trees in accordance with the City Forester's recommendation before building permits will be issued. 4. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.l, II.A.2, and II.A.3 as listed above. b) The Developer shall grade the site to within 0 2 foot of the grades shown on the approved Grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. c) All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. d) Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. e) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. f) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer page 3 -25- Development Contract Millers Crossroads 3`d Addition March 13, 2006 shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. h) All disturbed areas shall be seeded. i) The front 50 feet of the lots, the street right -of -way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. j) Drainage swales, ditches, storm water storage ponds and other high risk erosion areas shall be protected from erosion. k) All remaining grading must be completed prior to issuance of building permits. 1) Protect streets from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. m) The developer's engineer shall certify, in writing with an as-built survey, that all grading complies with the grading plan prior to issuance of building permits. 5. Final street grading, subbase, gravel base, bituminous binder course, and concrete curb and gutter. 6. Storm sewers when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances. 7. Sanitary sewer, laterals or extensions, including all necessary building services and other appurtenances. 8. Water, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances. 9. 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. 10. The Developer grees to maintain, at all times before acceptance of the streets by the City, an access road suitable for use by emergency, police and page 4 -26- Development Contract Millers Crossroads 31-6 Addition March 13, 2006 fire department equipment. The adequacy of such road shall be the sole determination of the City. Furthermore, such access road shall be located no more than 150 feet from any structure built within the Subdivision. 11. 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. 12. Street Lighting: a) Residential street lighting shall be owned by the City. Such street lighting system shall be installed, operated, and maintained by the electric utility company. City and electric utility company may enter into a contractual agreement on the rate and maintenance of the street lighting system. City shall use escrow funds to pay for street light installation. b) It shall be the responsibility of the Developer to pay for street lighting operation charges for the initial 15 months of operation of the system. 13. 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. 14. 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. 15. 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 page 5 -27- or construction and prior to the City public utilities. Development Contract Millers Crossroads 3rd Addition March 13, 2006 awarding construction contracts for 16. Cost of Developer's Improvements and description are as shown on Attachment A. 17. Construction of Developer' s Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the final plat which will dedicate all permanent easements necessary for the construction and installation of the Developer's and City's Improvements as determined by the City. d) All Construction debris and trash shall be properly disposed of at the developers expense and in a timely manner as determined by the City. 18. The Developer must obtain all necessary approvals from Anoka County. The Developer is responsible for acquiring any necessary right -of -way, temporary easements, or permanent easements for the construction. 19. The Developer shall construct and pay for all improvements as described in the landscaping plan. 20. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified page 6 - 28 - Development Contract Millers Crossroads 3rd Addition March 13, 2006 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. In the event of a default by Developer and after thirty (30) days prior written notice to Developer, the City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of performing the terms and conditions of this contract. Until Developer has completed the improvements required herein, the Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer's Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be determined by the City Engineer. III. CITY'S IMPROVEMENTS A. No new City Improvements. IV. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Pages 1 -4 hereof. City shall provide to Developer upon payment of all the special assessments levied against a page 7 - 29 - Development Contract Millers Crossroads 3rd Addition March 13, 2006 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 plat and the Developer Improvements including, but not limited to, the following (See attachment B for Breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee 3. Administration - 3% Construction Cost 4. Engineering a) Administration 5. Legal - Plat Review 6. Publications 7. Park Dedication Fee 8. Tree Preservation Policy 9. Street Lighting - Install/Operate 10. Traffic Signing Improvements 11. Boulevard Tree Planting 12. Street - Storm Sewer - Pond Maintenance 13. Sealcoating Fund 14. 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. VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City. The Developer further agrees that City Sewer, Water, Storm Sewer, and Bituminous Base Construction of the Streets, temporary street signs, gas, electric, and telephone will be completed prior to the issuance of building permits except for as provided in VI. C. page 8 - 3 0 - Development Contract Millers Crossroads 3rd Addition March 13, 2006 B. The Developer has submitted an as -built survey certifying that all the grading complies with the grading plan prior to issuance of building permits. C. Each lot must comply with erosion control measures to prevent any material from leaving the lot. The City of Lino Lakes will not perform any requested inspections on the lot until it complies to the erosion control requirements. D. 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 VIII• OWNERSHIP OF IMPROVEMENT'S 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 private improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 (S500,000.00) 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. page 9 - 3 1 - X. REIMBURSEMENT OF COSTS FOR DEFENSE Development Contract Millers Crossroads 3rd Addition March 13, 2006 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. Notwithstanding the foregoing, individual homeowners shall not be obligated to perform Developer's obligations hereunder. 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 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: 1. Sgnage for the commercial site shall comply with the Miller's Crossroads Sign Plan, received August 28, 2003, including EIFS sign band. The location of the commercial monument sign shall be reviewed with a sign permit application. All signs require a sign permit. The residential page 10 -32- Development Contract Millers Crossroads 3rd Addition March 13, 2006 association by laws must address ownership and maintenance of the community monument signs and sign landscaping. 2. Exterior lighting fixture must be 90 degree cutoff fixtures: this shall be verified prior to City Council review of a final plat. 3. Homeowners association by laws must include a funding mechanism to ensure that any private recreation facility for which the City granted credit toward park dedication is maintained as a recreation facility. The by laws also must address ownership and maintenance of the community monument signs and landscaping. 4. Right of entry shall be dedicated to Anoka County along Hodgson Road and Birch Street on the final plat. XI VIOLATIONS/BUILDING PERMITS A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and/or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. XIV. PARK DEDICATION Park dedication in an amount of $66,400.00 shall be paid by the Developer to the City for the 32 units. 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 11 -33- Development Contract Millers Crossroads 3`d Addition March 13, 2006 DEVELOPER Bruggeman Properties, LLC CITY OF LINO LAKES By By Developer Mayor AT IEST: By Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) On this day of , 20 . before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. STATE OF MINNESOTA ) COUNTY OF ANOKA ) SS Notary public 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 Bruggeman Properties, LLC, a limited liability company 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 limited liability company. Notary Public page 12 - 34 - ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS 3 -13 -2006 DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Miller's Crossroads - Phase III NUMBER OF REU's: 32 APPLICANT: Bruggeman Properties ASSESSED AREA (ac.): 2.7 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 SO 3 SITE ENGINEERING & SURVEYING Estimate e $0 4 LANDSCAPING Estimate e $0 5 STREET CONST. A. Subgrade /Base Course Estimate e $0 B. Wear Course Estimate e $0 6 STORM SEWER CONST. A. Trunk Estimate e $0 B. Lateral Estimate e $0 C. Surface Water Mgmt. Charge (s.f.) $0.073 a $8,617 7 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) $2,520 a $6,804 B. Trunk Credit $0 C. Trunk Unit Charge (REU) $1,095 $35,040 D. Lateral Estimate e $0 8 WATERMAIN CONST. A. Trunk Area Charge (ac.) $2,690 a $7,263 B. Trunk Credit $0 B. Trunk Unit Charge (REU) $1,765 a $56,480 C. Lateral Estimate e $0 SUBTOTALS: $0 $114,204 NOTE: See Attachment B for security amounts to be posted 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 t Estimate by Feasibility Study - 3 5 - $0 ATTACHMENT B 3 -13 -2006 CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Miller's Crossroads - Phase III NUMBER OF REU's: 32 APPLICANT: Bruggeman Properties ASSESSED AREA (ac.): 2.7 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 PLANNING /REVIEW A. Plat Review Fee $2,500 b $2,500 B. Planner Review Fee $2,500 b $2,500 2 ENGINEERING A. Plan/Plat/Grading Review $0 b $5,000 B. Preparation of Plans & Specs. $0 b $0 C. Construction Services $0 b $0 D. Construction Staking $0 b $0 E. City Engineering $0 b $5,000 3 ADMINISTRATION A. Administration Fee 3% of const. a $0 B. Legal $1,000 b $1,000 C. Publications $1,000 b $1,000 4 DEVELOPMENT FEES A. Park Dedication "' $2075/REU d $66,400 B. Sealcoating Fee $0.27/SF a $0 C. Aerial Photo Fee 90 /unit a $2,880 5 BOULEVARD TREE PLANTING $465 /Frontage b $3,720 6 DEVELOPMENT SECURITIES A. Tree Preservation 95 /unit b $3,040 B. Street Lighting - installation $2500 /Light b $0 C. Street Lighting - operation b $0 D. Traffic Signing b $0 E. Street, St. Swr., Pond Maint. b $1,960 F. Other - Property Tax, FEMA b $0 TOTALS: $0 $0 $95,000 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) $40,000 $0 $40,000 Z = CITY FEE COSTS X 1.0 (CASH ESCROVV) $0 $95,000 $95,000 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 t Estimate by Feasibility Study -36- AGENDA ITEM 1. C. a) ii STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: March 13, 2006 TOPIC: Resolution 06 -29 Final Plat: Millers Crossroads 3" Addition VOTE: 3/5 BACKGROUND The City Council approved the preliminary plat for Miller's Crossroads in September 2003 with Resolution 03 -142. The final plat for the first phase was approved by the City Council in February 2004, and the 2nd Addition was approved in January 2005. The final plat for the 3" Addn. conforms to the approved preliminary plat. The City Attorney has reviewed the title commitment. The City Engineer has prepared a development agreement for the third addition. Conditions of approval relevant to platting have been addressed. The Planning & Zoning Board approved the final plat unanimously on February 8, 2006. The project approval included a phasing plan in four phases, 2003 through 2006. Since the first phase did not occur in 2003, the first two phases were combined in the first final plat. This final plat for the third addition complies with the phasing plan as shown: OPTIONS 1. Approve the final plat for Miller's Crossroads 3" Addition. 2. Return to staff with direction. RECOMMENDATION Option 1 - 37 - first final plat 2nd 3rd 2004 Addn. Addn. approved phasing plan year 2003 2004 2005 2006 total number of units to be final 22 47 50 32 151 platted OPTIONS 1. Approve the final plat for Miller's Crossroads 3" Addition. 2. Return to staff with direction. RECOMMENDATION Option 1 - 37 - Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -29 RESOLUTION APPROVING THE FINAL PLAT FOR MILLERS CROSSROADS 3RD ADDITION 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 City Council approved the rezoning of the site with Ordinance Nos. 19 -03 and 20 -03 on September 22, 2003, and WHEREAS, the City Council approved the preliminary plat for Millers Crossroads with Resolution 03 -142 on August 22, 2003, and WHEREAS, Resolution 03 -142 included a phasing plan for the final platting of the site with a specified number of dwelling units in each phase in accordance with the City's growth management policy and subdivision ordinance; and WHEREAS, the City Council approved the final plat for the first phase, Millers Crossroads, with Resolution 04 -24 on February 23, 2004; and WHEREAS, the City Council approved the final plat for Millers Crossroads 2nd Addition with Resolution 05 -03 on January 24, 2005; and WHEREAS, the final plat for Millers Crossroads 3rd Addition received by the City January 20, 2006 is consistent with the preliminary plat and the phasing plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the final plat for Millers Crossroads 3rd Addition. Adopted by the Lino Lakes City Council this day of , 2006. John J. Bergeson, Mayor -38- ATTEST: 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. �—_L tl HODGSON rcAD E. \ c. 0 7 0 lrovoe'u 9 •, raw t hi OxTLOT NNOQ', 13101.07 xnnr"'! q(n OVTLOT I 13\ ^ ' I f 1 7r1/.6741. x _ F I a1 OVILOT 1 --1 F--1 °1 IE r _ �j T71.11E''''--- � 1ny1 ' 1 I r _ Ns. y1 'r T L � 1 L LIL Si JIL J J IL LRQ�. S ` s , N = J I L ir x L.kor , „or M I ..ii.., N I DINOr tl TO/740f F p W A ARE PO CI to -ri° N .---"1: I 173o" T:1:1 - 0 1T�fj.'I.I_� A C: I —ii. � T tl F,OUT OT E r- (1) e'I w 2 try AGENDA ITEM 1Cbi STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: March 13, 2006 TOPIC: Resolution No. 06 — 46, Approving Development Contract, Marshan Meadows Vote Required: Simple Majority BACKGROUND: The City Council approved a preliminary plat on May 9, 2005 to provide for a proposed development titled Marshan Meadows. Also, a Grading Only Development Contract was approved by the Council on October 10, 2005. Marshan Meadows provides for the construction of 20 residential units on a parcel of property near the intersection of Park Court and Lake Drive 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 $850,000 representing 150 percent of the development improvement costs to insure completion of the project in accordance with the approved plans. 2. Submittal by the developer of a Letter of Credit in the amount of $48,000 representing 35 percent of the City improvement costs to insure the payment of assessments for this project. 3. Deposit of a cash escrow in the amount of $197,500 to reimburse the City for costs incurred by the City related to the development and improvements of the site. Bruggeman Homes has reviewed the contract and is aware of the conditions set forth. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 06 — 46, approving Development Contract, Marshan Meadows. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 06 — 46 be adopted. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 — 46 RESOLUTION APPROVING DEVELOPMENT CONTRACT, MARSHAN MEADOWS WHEREAS, the City Council issued a preliminary plat approval for Marshan Meadows on May 9, 2005, and WHEREAS, the City Council approved a Development Contract for Site Grading Only on October 10, 2005, 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 Bruggeman Homes for Marshan Meadows and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th day of March, 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. Marshan Meadows Development Contract 3 -13 -2006 WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the Subdivision; and WHEREAS, said private improvements include grading, drainage, sanitary sewer, water, and driveway improvements; and WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat. herein, NOW, THEREFORE, in consideration of the mutual promises of the parties made 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 ". 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 plans shall be approved by the City of Lino Lakes. 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, and the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense, the following improvements according to the following terms and conditions: 1. Grading Plan a) A final site grading plan, with maximum two -foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. 2. Erosion Control Plan a) The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. page 2 - 4 2 - Marshan Meadows Development Contract 3 -13 -2006 b) The Developer shall submit a turf establishment plan which details topsoil placement, seeding, sodding, mulching, fertilizing and watering. Said plan shall be approved by the City prior to the commencement of site grading or construction. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items ll.A.1 and lI.A.2 as listed above. b) The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. c) All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. d) Erosion and siltation control measures shall be coordinated with the different stages of development. The Developer shall attain an NPDES Stormwater Permit prior to engaging in any site grading activities. All terms and conditions of the NPDES permit must be adhered to by the Developer throughout construction the duration of construction of the Subdivision from start to finish. e) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. f) The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. g) All disturbed areas shall be sodded or seeded, as designated per the approved plans, immediately upon completion of grading . h) All streets shall be protected 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. page 3 - 43 - Marshan Meadows Development Contract 3 -13 -2006 i) No soils shall be imported or exported without City approval. j) All site grading shall be performed in accordance with the requirements of the Rice Creek Watershed District. k) Existing wells and on -site septic systems shall be properly abandoned. 4. Final access drive and driveway grading, subbase, gravel base, bituminous binder course, and concrete curb and gutter shall be furnished and installed. 5. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances shall be furnished and installed. All connections to existing City facilities shall be performed by the Developer, but only upon approval and authorization of the City of Lino Lakes at least 48 hours prior to making actual connection. 6. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances shall be furnished and installed. All connections to existing City facilities shall be performed by the Developer, but only upon approval and authorization of the City of Lino Lakes at least 48 hours prior to making actual connection. 7. 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. 8. The Developer shall promptly clear dirt and debris, within public right -of- ways, and drainage and utility easements, resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance including street sweeping, and storm sewer resulting from the accumulation of said dirt and debris, prior to issuance of any Certificates of Occupancy. 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. page 4 - 44 - Marshan Meadows Development Contract 3 -13 -2006 9. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, any permanent or temporary easements that may be 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. 10. 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. As previously stated, the Developer shall attain an NPDES Stormwater Permit, and shall adhere to all terms and conditions of the Rice Creek Watershed (RCWD) permit. Any work extending into the right of way of Anoka County shall be subject to the requirements of Anoka County, and the Developer shall be responsible for attaining any permits from the County as may be needed. 11. 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 improvements. 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. 12. The developer must place one conservation easement entry monument sign per lot bordering said conservation easement. The developer must also submit Anoka County NAD 83 Coordinates of the sign locations on the Final As -Built Drawing. 13. Cost of Developer Improvements and description are as shown on Attachment A. 14. 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. In addition, stone or brick veneer base shall be included on all four sides of the buildings, and building colors shall be reviewed and approved by City staff. 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. page 5 -45- Marshan Meadows Development Contract 3 -13 -2006 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. 15. Record Drawings a) Upon completion of construction of roads, sanitary sewer, watermain, storm sewer, facilities, and grading, the developer shall submit two (2) sets of record plans, two (2) electronic copies of record plans in Anoka County NAD 83 Coordinates compatible with the City's computer system, including accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the compete work. b) Also a storm sewer, watermain, and sanitary sewer Excel Spreadsheet must be submitted, which includes all the as-built data. 16. Ginarantee 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 reserves the right to draw, in page 6 -46- Marshan Meadows Development Contract 3 -13 -2006 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) III. CITY IMPROVEMENTS 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. A. There are no new City Improvements for this project. IV. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel, a release of such parcel from the tenis and conditions of this Development Contract subject to provisions contained in this contract. v. B. Homeowners association declaration/covenants must be submitted for City Attorney review as required by the City's final plat requirements. In addition, the Developer shall convey to the homeowners association of the existing townhomes abutting the north border of the property, an access easement over the existing access drive. Prior to approval of the final plat by the City Council, the developer shall submit a copy of the easement document and proof that the easement document has been filed with Anoka County. The access drive as it currently exists shall not be altered. 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 page 7 -47- Marshan Meadows Development Contract 3 -13 -2006 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 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. The Developer further agrees that Sewer, Water, Storm Sewer, and Bituminous Base Construction of the Streets, temporary street signs, gas, electric, and telephone will be completed prior to the issuance of building permits. C. Model Homes The City agrees that one structure can be installed as a model home upon approval of final plat. The right to obtain such building permits shall be contingent upon the following: page 8 - 4 8 - Marshan Meadows Development Contract 3 -13 -2006 1. Execution of this development contract, providing a Letter of Credit in the amount of $100,000.00 and an escrow amount of $10.000.00. 2. Construction shall be limited to maintain a minimum distance of 150' from the furthest exterior wall to an improved gravel street as per the State Fire Code. The Developer may construct and maintain such access in order to meet said requirements. Prior to release of the building permits for one structure, the builder shall enter into a separate agreement with the City which would not allow the building to be occupied after issuance of certificate of occupancy by anyone other than the builder for exhibiting the home for model purposes nor would they convey the property to any other third parties by any means until all of the public and private utilities have been installed to serve the building and accepted by the City. This includes all other requirements provided in this agreement D. The Developer further agrees that an as -built survey certifying that all the grading complies with the grading plan prior to issuance of building permits. E. Each lot must have a City approved Certificate of Grading showing the as -built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. VII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours as follows: Monday through Friday Saturday Sunday and Holidays 7:00 a.m. to 7:00 p.m. 9:00 a.m. to 5:00 p.m. No working hours allowed VIII. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the work and construction required by this contract and acceptance by the City, the utility and driveway improvements lying within the public easements shall become the property of the Developer, Property Owners, or their heirs and assigns, and shall include all maintenance and operation of all improvements for perpetuity. However, the City of Lino Lakes, in the interest of public health and safety, shall reserves the right to enter said property and maintain facilities upon reasonable notice. Any costs incurred by the City of Lino Lakes to page 9 - 4 9 - Marshan Meadows Development Contract 3 -13 -2006 repair and maintain any private facilities shall be billed directly to the property owners. 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. X. REIMBURSEMENT OF COSTS FOR DEFENSE A. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XI. VALIDITY A. If a portion, section, subsection, sentence, clause, parazraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. XII. GENERAL A. Binding Effect 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notices page 10 -50- Marshan Meadows Development Contract 3 -13 -2006 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 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: 1. The existing well must be properly capped and the existing septic system must be properly abandoned per all applicable requirements. 2. Park dedication shall be cash in the amount of $41,500 (20 lots @ $2,075) less the cost of constructing sidewalks. 3. Issues discussed in the February 15, 2006 TKDA memo must be addressed to the satisfaction of the City Engineer. The grading plan revised to include Lots 13 and 14 must meet City requirements as determined by the City Engineer. 4. Stage Coach Trail and the water line shall be constructed to the south property line as shown in the April 4, 2005 plans. 5. Lot line easements shall be shown on the final plat. 6. Right of entry along Lake Drive shall be dedicated to Anoka County on the final plat. 7. Anoka County permit requirements shall be met for the new road access to Lake Drive, including any required improvements to Lake Drive. 8. The developer must place one conservation easement entry monument sign per lot bordering said conservation easement. The developer must also submit Anoka County NAD 83 Coordinates of the sign locations on the Final As -Built Drawing. 9. A conservation easement shall be granted over the drainage and utility easement along the wetlands bordering the lake. Easement restrictions shall be defined prior to City Council approval of the final plat. page 11 -51- Marshan Meadows Development Contract 3 -13 -2006 10. The entry monument sign must comply with the sign ordinance. The developer must submit information regarding ownership and maintenance responsibilities for the monument sign. This must be provided prior to city council review of the final plat. 11. The developer shall ensure that tree species near ponds are viable in those locations. 12. Concrete sidewalks shall be constructed by the developer within the street rights of way along the east side of Stage Coach Trail and the north side of Park Court. 13. Special Blanding's Turtle signage and other measures recommended by the DNR shall be observed by the developer during construction. 14. The project shall not be final platted until 2006, in accordance with the City's growth management policy. 15. All trees must be cleared in the Lake Drive right of way. XlII VIOLATIONS/BUILDING PERMITS A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and/or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. XIV. PARK DEDICATION A. Park dedication in an amount of $41,500.00 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 12 - 52 - Marshan Meadows Development Contract 3 -13 -2006 DEVELOPER CITY OF LINO LAKES By By Developer Mayor ATTEST: By Clerk STALE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) On this day of , 20_. before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. STATE OF MINNESOTA ) SS COUNTY OF ANOKA Notary public On this day of , of 20 me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the , of , a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public page 13 - 5 3 - ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS 3 -13 -2006 DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Marshan Meadows NUMBER OF REU's: 2D APPLICANT: Bruggeman Properties, L.L.C. ASSESSED AREA (ac.): 10.53 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate e $71,137 2 EROSION CONTROL Estimate e $5,000 3 SITE ENGINEERING & SURVEYING Estimate e $28,166 4 LANDSCAPING Estimate e $20,000 5 STREET CONST. A. Subgrade /Base Course Estimate e $104,663 B. Wear Course Estimate e $14,156 C. Tum Lane Estimate e $90,000 6 STORM SEWER CONST. A. Trunk Estimate e B. Lateral Estimate e $70,230 C. Surface Water Mgmt. Charge (s.f.) $0.054 a $24,769 7 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) $2,520 a $26,536 B. Trunk Credit C. Trunk Unit Charge (REU) $1,095 $21,900 D. Lateral Estimate e $72,500 8 WATERMAIN CONST. A. Trunk Area Charge (ac.) B. Trunk Credit C. Trunk Unit Charge (REU) D. Lateral TOTALS: NOTE: $2,690 a $28,326 $1,765 a $35,300 Estimate e $90,946 See Attachment B for security amounts to be posted 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 - 54 - $566,798 $136,831 $0 ATTACHMENT B CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Marshan Meadows APPLICANT: Bruggeman Properties, L.L.C. ITEM NECESSARY IMPROVEMENTS 1 PLANNING /REVIEW A. Plat Review Fee B. Planner Review Fee 3 ADMINISTRATION A.Legal B. Administration Fee C. Publications 4 ENGINEERING A. Plan /Plat/Grading Review B. Preparation of Plans & Specs. C. Construction Services D. Construction Staking E. City Engineering 5 DEVELOPMENT FEES A. Park Dedication Fee B. Sealcoating Fee C. Aerial Photo Fee 6 BOULEVARD TREE PLANTING 7 DEVLOPMENT SECURITIES A. Tree Preservation B. Street Lighting - installation C. Street Lighting - operation D. Traffic Signing E. Street, Storm Sewer, Pond Maint. F. Other - Property Tax, FEMA TOTALS: NUMBER OF REU's: 20 ASSESSED AREA (ac.): 10.53 3 -13 -2006 BUDGET DEVELOPER CITY ESCROW COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) $7,500 b $7,500 b $2,000 3% of const. $2,000 $0 $0 $0 $0 $D $2075 /unit $0.27/SF 90 /unit $465 /tree 95 /unit $2,500 $265 $3,000 $3,500 $0 b b b b b b b b SECURITY AMOUNTS TO BE POSTED X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) Z = CITY FEE COSTS X 1.0 (CASH ESCROW) NOTE: a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study d b b b - 5 5 - b b b b b b $0 $0 Att. A Att. B $850,000 $0 $48,000 $0 $0 $197,500 $7,500 $7,500 $2,000 $17,000 $2,000 $15,000 $0 $50,000 $0 $15,000 $41,500 $8,921 $1,800 $11,625 $1,900 $10,000 $1,060 $3,000 $1,694 $0 $197,500 Total $850,000 $48,000 $197,500 AGENDA ITEM 1. C. b) ii STAi/ ORIGINATOR: Jeff Smyser C. C. MEETING DATE: March 13, 2006 TOPIC: Resolution 06 -30 Approving the Final Plat, Marshan Meadows And Accepting a Conservation Easement VOTE: 3/5 BACKGROUND The City Council approved the preliminary plat for Marshan Meadows on May 9, 2005 with Resolution 05 -61. Marshan Meadows is a 20 -lot residential development on Lake Drive. The final plat is consistent with the approved preliminary plat. The City Attorney has reviewed the title commitment. The City Engineer has prepared the development agreement. The approval of the preliminary plat included a condition for a conservation easement along the lake. The proximity of a nesting area for a rare species, the Forsters' tern, makes it important to protect the wetlands and the lake. This bird has been documented as nesting in wetlands in the Marshan Lake area. The conservation easement coincides with our standard drainage and utility easement over the wetlands that line the lake. The easement prohibits such things as mowing and dumping of grass clippings or fill. There will be signs along the easement edge so the homeowners know where it is. OPTIONS 1. Approve Resolution 06 -30 approving the final plat for Marshan Meadows and accepting the conservation easement. 2. Return to staff with direction. RECOMMENDATION Option 1 -56- Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -30 RESOLUTION APPROVING THE FINAL PLAT FOR MARSHAN MEADOWS AND ACCEPTING A CONSERVATION EASEMENT 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 City Council approved the preliminary plat for Marshan Meadows with Resolution 05 -61 on May 9, 2005, and WHEREAS, Resolution 05 -61 requires a conservation easement over the wetland area along the lake; and WHEREAS, the final plat for Marshan Meadows received by the City January 9, 2006 (Attachment A) is consistent with the preliminary plat; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the final plat for Marshan Meadows. BE IT FURTHER RESOLVED that the City hereby accepts the conservation easement (Attachment B). Adopted by the Lino Lakes City Council this day of 2006. John J. Bergeson, Mayor ATTEST: 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. Conservation Easement Marshan Meadows ATTACHMENT B RESOLUTION 06 -30 THIS CONSERVATION EASEMENT is made, granted and conveyed this day of 2006, by Bruggeman Properties, LLC, a Minnesota limited partnership, (hereinafter referred to as "Bruggeman "): 1. Bruggeman hereby grants and conveys onto the City of Lino Lakes a permanent non- exclusive easement for conservation purposes over, across, through and upon the following described premises ( the " Conservation Easement Area" ) situated in Anoka County, Minnesota to wit: 2. The location of the Conservation Easement Area is described as follows: An easement for conservation purposes over, under and across those parts of Lots 1, 2, 3 and 4, Block 1, MARSHAN MEADOWS, according to the recorded plat thereof, Anoka County, Minnesota lying easterly of the following described line: Commencing at the northwest corner of said Lot 4; thence South 76 degrees 34 minutes 34 seconds East, assumed bearing, along the northerly line of said Lot 4, a distance of 129.16 feet to the point of beginning of the line to be described; thence South 05 degrees 03 minutes 56 seconds West a distance of 103.87 feet; thence South 06 degrees 51 minutes 26 seconds East a distance of 28.33 feet; thence South 09 degrees 52 minutes 47 seconds East a distance of 216.15 feet; thence South 18 degrees 45 minutes 16 seconds East a distance 104.21 feet; thence South 22 degrees 12 minutes 36 seconds East a distance of 63.74 feet; thence South 26 degrees 37 minutes 33 seconds East a distance of 47.46 feet; thence South 02 degrees 09 minutes 27 seconds East a distance of 58.81 feet; thence South 38 degrees 24 minutes 02 seconds East a distance of 46.99 feet to the south line of said Lot 1 and there terminating. For purposes of this easement, there shall be no mowing, lawn chemicals, construction, disposal of yard wastes, general dumping, development or improvements within the easement area and that the easement area shall be left in a natural state. Environmental notification signs shall be placed on each property line at the point of intersection of said property line and the described wetland buffer zone. These signs shall remain in place in perpetuity and may be replaced or changed as needed at the sole discretion of the City of Lino Lakes. Page 1 of 2 BRUGGEMAN PROPER'11E,S, LLC By: STATE OF MINNESOTA ) )SS. COUNTY OF ) Paul Bruggeman Its: Chief Manager The foregoing instrument was acknowledged before me this day of , 2006 by Paul Bruggeman, the Chief Manager of Bruggeman Properties, LLC, a Minnesota limited liability company, on behalf of the limited liability company. DRAFTED BY: Bruggeman Properties, LLC 3564 Rolling View Drive White Bear Lake, MN 55110 (651) 770 -2981 Notary Public Page 2 of 2 - 6 0 - AGENDA ITEM 1 Cc STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: March 13, 2006 TOPIC: Resolution No. 06 — 48, Approving Development Contract (Site Grading Only), Pine Glen Addition Vote Required: Simple Majority BACKGROUND: The City Council authorized a preliminary plat on November 28, 2005 to provide for a proposed development titled Pine Glen Addition. The Developer, 23, LLC is now requesting approval to begin grading work. Pine Glen provides for the construction of 72 residential units on a 44.78 acre parcel of property located on the east side of Lake Drive approximately 900 feet south of Main Street. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Contract for Site Grading Only. This includes directing the City Engineer to design the Sanitary Sewer Lift Station. The contract provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $625,000 representing 150 percent of the development improvement costs to insure completion of the project in accordance with the approved plans. 2. Deposit of a cash escrow in the amount of $82,500 to reimburse the City for costs incurred by the City related to the development and improvements of the site. The developer has reviewed the contract and is aware of the conditions set forth. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 06 — 48, approving Development Contract for Site Grading Only, Pine Glen Addition. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 06 — 48 be adopted. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -48 RESOLUTION APPROVING DEVELOPMENT CONTRACT FOR SITE GRADING ONLY, PINE GLEN. WHEREAS, the City Council issued a preliminary plat approval for Pine Glen on November 28, 2005, and WHEREAS, the Developer, 23, LLC is requesting approval to commence grading work of such development to be known as Pine Glen; and, WHEREAS, The City Engineer is designated as the engineer for Pine Glen Addition Sanitary Sewer Lift Station design and he is directed to prepare plans and specifications. WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities and final plat approval to insure satisfactory completion of public improvements. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Contract (Site Grading Only) with 23, LLC for Pine Glen and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Bergeson, Mayor John Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th day of March, 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. - 6 2 - DEVELOPMENT CONTRACT (Site Grading Only) Pine Glen THIS AGREEMENT made this 13th day of March, 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 23. LLC whose address is 1875 Station Parkway NW, Andover. Minnesota 55304 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 Pine Glen hereinafter called "Subdivision ", said land is legally described to -wit As Contained in Commonwealth Land Title Insurance Co. Commitment File No. 7022063 That part of Lots 5 and 6, Auditor's Subdivision No. 100 Anoka County, Minnesota, lying Southerly of the following described line: Commencing at the most Northerly corner of said Lot 5, thence Southerly on the East line of said Lot 5, 88.62 feet, to the point of beginning, thence Westerly, at right angles 45.34 feet, more or less to the Northwesterly line of said Lot 5 (being the Southeasterly Right of Way line of Highway 8) and there terminating, and also lying Northerly of a line drawn from the Southeast comer said Lot 6, at an angle of 64 degrees, 19 minutes, 30 seconds, measured from North to West, to the Westerly line of said Lot 6, and there terminating. Excepting therefrom, and all above, all part lying within plat of Anoka County Highway Right of Way Plat no. 17, Anoka County, Minnesota AND activities, and Development Contract — Site Grading Only Pine Glen March 13, 2006 That part of the South Half of the Northwest Quarter of the Northwest Quarter of Section 9 Township 31, Range 22, Anoka County, Minnesota, lying Easterly and Southerly of the North 135 feet of the West 328.50 feet and Easterly of the Easterly line of Anoka County Highway Right -Of -Way Plat No. 17, according to the U.S. Government Survey, Anoka County, Minnesota. The South Half of the Northeast Quarter of the Northwest Quarter of Section 9, Township 31, Range 22, Anoka County, Minnesota. The South Half of the Northwest Quarter of the Northeast Quarter of Section 9, Township 31, Range 22, Anoka County, Minnesota. The South Half of the Northeast Quarter of the Northeast Quarter of Section 9, Township 31, Range 22, Anoka County, Minnesota, Except the Easterly 730.00 feet thereof. WHEREAS, the Developer has requested approval to commence with site grading WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval; and NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". B. Improvements to be installed by the City and financed by the Developer are hereinafter referred to as "City Improvements ". II. DEVELOPER'S IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, and street and utility plan. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its 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: page 2 -64- 1. Grading Plan Development Contract — Site Grading Only Pine Glen March 13, 2006 a) A final site grading plan, including certified wetland delineation, with maximum two -foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. b) The grading plan and all site grading shall be provided and conducted in accordance with the plan as approved by the City, NPDES requirements and the Rice Creek Watershed District. The Developer shall perform the work in accordance with a Stormwater Pollution Prevention Plan in accordance with Minnesota Pollution Control Agency (MPCA) requirements. c) The Developer shall be responsible for securing all required site grading and development approvals and permits from all Federal, State, Regional and Local agencies with jurisdiction or as applicable prior to the commencement of site grading or construction. 2. Erosion Control Plan a) The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. The erosion control plan shall also be subject to the approval of any other governmental agency having jurisdiction. b) The Developer shall submit a Turf Establishment Plan which details topsoil placement, seeding, sodding, mulching, fertilizing and watering. Said plan shall be approved by the City prior to the commencement of site grading or construction. 3. Tree Preservation Plan a) The Developer shall provide a tree preservation plan prior to any site grading and include a delineated preservation area, subject to the approval of the City prior to any work activity on the site. The tree preservation plan shall also be completed in accordance with the City Tree Preservation Policy, and shall be covered within a legal covenant for each property. The Developer shall provide a cash escrow as security, in the amount specified in Attachment B, to insure implementation of the Tree Preservation Plan. Site activities shall not commence until review of the plan and site has been page 3 -65- Development Contract — Site Grading Only Pine Glen March 13, 2006 completed and approved by the City Engineer, City Forester, and any other governing agency with jurisdiction as required. b) The Developer shall remove, dispose of, or treat all dead and diseased trees in accordance with the City Forester's recommendation before building permits will be issued. 4. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.1, ll.A.2, and ll.A.3 as listed above. b) The Developer shall grade the site to within 0.2 foot of the grades shown on the approved Grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. c) All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. d) Erosion and siltation control measures shall be coordinated with the different stages of development as applicable. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. e) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. f) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. h) All disturbed areas shall be seeded or sodded as designated per the plans. g) page 4 -66- Development Contract — Site Grading Only Pine Glen March 13, 2006 i) The street right -of -way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. J) Drainage swales, ditches, storm water storage ponds and other high risk erosion areas shall be protected from erosion. k) All remaining grading must be completed prior to issuance of building permits. 1) Protect streets from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. in) The developer's engineer shall certify, in writing with an as -built survey, that all grading complies with the grading plan prior to issuance of building permits. n) A legal covenant shall be included within the homeowner's association documents prohibiting the use of phosphorus on lawns. o) The developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvements as proposed. 5. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back 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 - g„ard stakes shall be appropriately installed to mark these irons. 6. The Developer agrees to maintain, at all times before acceptance of the streets by the City, an access road suitable for use by emergency, police and fire department equipment. The adequacy of such road shall be the sole determination of the City. Furthermore, such access road shall be located no more than 150 feet from any structure built within the Subdivision. 7. The Developer shall promptly clear dirt and debris, within public right-of- ways, and drainage and utility easements, resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance including street sweeping, storm sewer cleaning, ditch cleaning and pond dredging, page 5 -67- Development Contract — Site Grading Only Pine Glen March 13, 2006 resulting from the accumulation of said dirt and debris, until all Certificates of Occupancy are issued. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. 8. Other Construction a) In the event that damage to the streets or other City infrastructure result from said improvement work, the Developer shall be responsible for effecting said repairs, or the City shall withhold escrows or deposits as the City deems appropriate and necessary. b) The Developer shall provide a financial security or cash escrow in an amount of $625,000 to assure completion of the grading and restoration, in the event that the work is not completed by the Developer. c) No burning of vegetation cleared during construction shall be allowed. 9. The project shall not be final platted until 2006 to comply with growth management policy. 10. All homeowners association declarations, covenants, and property and legal requirements as required in this Agreement shall be submitted to the City Attorney for review as required by the City's final plat requirements. In addition, an additional contract agreement shall be agreed upon between the City and developer that provides for the subsequent construction, ownership and maintenance of City owned utilities (sanitary sewer and water) and the access street that will be privately owned and maintained. 11. Cost of Developer's Improvements, description and completion dates are as shown on Attachment A. 12. 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. page 6 -68- Development Contract — Site Grading Only Pine Glen March 13, 2006 c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the final plat which will dedicate all permanent easements necessary for the construction and installation of the Developer's and City's Improvements as determined by the City. d) All Construction debris and trash shall be properly disposed of at the developers expense and in a timely manner as determined by the City. 13. The Developer shall be required to obtain all necessary permits and approvals from all governmental agencies as required, including necessary right -of -way, temporary easements, or permanent easements for the construction. 14. The Developer shall make an application to .•EMA for a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) to revised the existing Flood Plain maps consistent with the proposed grading plan. 15. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150 %) percent of the total estimated cost of Developer's Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended page 7 - 6 9 - Development Contract — Site Grading Only Pine Glen March 13, 2006 for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer's Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be determined by the City Engineer. M. CITY'S IMPROVEMENTS A. No City improvements are proposed under the grading project. B. Lift Station design will be performed by the City. Plans and specifications will be prepared and sent to the Developer for use in his/her bidding process. IV. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the plat and the Developer Improvements including, but not limited to, the following (See attachment B for Breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee 3. Administration - 3% Construction Cost page B - 70 - 4. Engineering a) Administration 5. Legal - Plat Review 6. Publications Development Contract — Site Grading Only Pine Glen March 13, 2006 B. If the above escrow amounts are insufficient, the developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow. VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City. The Developer further agrees that City Sewer, Water, Storm Sewer, and Bituminous Base Construction of the Streets, temporary street signs, gas, electric, and telephone will be completed prior to the issuance of building permits. B. The Developer shall submit an as -built survey certifying that all the grading complies with the grading plan prior to issuance of building permits. C. Model Homes The City agrees that one structure per ten (10) acres can be installed as model homes upon approval of the Development Contract (Site Grading Only). The right to obtain such building permits shall be contingent upon the following: 1. Execution of this development contract, providing a Letter of Credit in the amount of $100,000.00 and an escrow amount of $10,000.00. Construction shall be limited to maintain a minimum distance of 150' from the furthest exterior wall to an improved gravel street as per the State Fire Code. The Developer may construct and maintain such access in order to meet said requirements. page 9 - 7 1 - Development Contract — Site Grading Only Pine Glen March 13, 2006 3. Prior to release of the building permits for one structure per ten (10) acres the builder shall enter into a separate agreement with the City which would not allow the building to be occupied after issuance of certificate of occupancy by anyone other than the builder for exhibiting the home for model purposes nor would they convey the property to any other third parties by any means until all of the public and private utilities have been installed to serve the building and accepted by the City. This includes all other requirements provided in this agreement D. Each lot must comply with erosion control measures to prevent any material from leaving the lot. The City of Lino Lakes will not perform any requested inspections on the lot until it complies to the erosion control requirements. E. Each lot must have a City approved Certificate of Grading showing the as -built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. VII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours set out in City Ordinances as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed VIII. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the grading work required by this contract and acceptance by the City, the site improvements shall remain privately owned and maintained. The City of Lino Lakes, in the interest of public safety and welfare shall reserve the right to enter and maintain drainage facilities within the designated drainage and utility easements. An additional development contract shall be prepared agreed between the City and developer that will address subsequent site improvements after site grading is completed. Subsequent improvements shall include but not be limited to streets and utilities. PC INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for page 10 -72- Development Contract — Site Grading Only Pine Glen March 13, 2006 bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT OF COSTS FOR DEFENSE A. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XI. VALIDITY A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. XII. GENERAL A. Binding Effect 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land.. B. Notices 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approval page 11 -73- Development Contract — Site Grading Only Pine Glen March 13, 2006 a) Phase 1 of the project including 40 residential lots can not be final platted until 2006. The final plat for phase 2 of the project including 32 residential lots can not be final platted until 2007. b) A sign must be provided at the northern terminus of Street C and the southern terminus of Street B that indicate that the road is intended to continue in the future. c) Homeowner's Association documentation must be submitted with the final plat application. d) Park dedication fees must be paid in accordance with the city fee schedule. e) A site and building plan review must be completed for both of the commercial lots prior to any commercial activities on those sites. f) All existing structures must be removed prior to the approval of a final plat for any portion of Phase 1. Demolition permits must be obtained prior to the demolition of any structures. g) 4.08 acres of commercial MUSA is here by allocated to the commercial portion of the site. h) 15.4 acres of residential MUSA reserve in year 2005, 5.1 acres of residential MUSA reserve in year 2006 is here by allocated for Phase I of the residential portion of the site. i) 19.8 acres of residential MUSA reserve in 2007 is here by allocated for Phase 11 of the residential portion of the site. j) City native seed mix must be used in all drainage ponds and wet areas and a 3 year management plan must be established with a reputable management company. k) Right of way for Lake Drive shall be dedicated as 60 feet from centerline. 1) A 15 foot wide trail easement along Lake Drive will need to be dedicated to the city prior to the City Council approving any final plat for the project. This easement will need to be outside the ultimate right -of -way width for Lake Drive. page 12 -74- Development Contract — Site Grading Only Pine Glen March 13, 2006 m) The project is subject to Rice Creek Watershed review and approval. n) The project is subject to Anoka County Highway Department review and approval. o) A temporary cul -de -sac must be provided at the southern terminus of Street C. p) Plans depicting the integration of Street A into Lois Lane must be submitted and approved by the City Engineer. q) The outlots A, E and F per Pine Glen 151 Addition shown on the plat shall be turned over to the city, but shall in no way reduce the park dedication fees required for the project. r) A 50 foot by 50 foot outlot shall be created for the purpose of the lift station currently depicted on Lot 27 of the plat. This lot shall be dedicated to the city upon recordation. s) The developer shall satisfy all of the engineering comments attached to the staff report. XIII. VIOLATIONS/BUILDING PERMITS A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be perfonned by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and/or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. XIV. PROPERTY TAXES A. Should the recording of the Final Plat occur after July 1, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. Dollars shall be incorporated into the escrow agreement to cover the cost of said property taxes. page 13 - 7 5 - Development Contract — Site Grading Only Pine Glen March 13, 2006 DEVELOPER CITY OF LINO LAKES By By Developer Mayor ATTEST: By Clerk STAL'E OF MINNESOTA ) ) SS COUNTY OF ANOKA ) 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 STALE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) On this day of , of 20 me, a Notary Public within and for said County, personally appeared of (Developer), to me known to be the the laws of the State of they executed the foregoing instrument and acknowledged that they/he executed the t me on behalf of said corporation. Notary Public page 14 - 7 6 - A I 1 ACHMENT A - GRADING ONLY SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Pine Glen NUMBER OF REU's: 72 APPLICANT: 23, LLC ASSESSED AREA (ac.): 44.78 3 -13 -2006 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate e $389,400 2 EROSION CONTROL Estimate e $18,845 3 SITE ENGINEERING & SURVEYING Estimate e $9,000 4 LANDSCAPING Estimate e 5 STREET CONST. A. Subgrade /Base Course Estimate e B. Wear Course Estimate e 6 STORM SEWER CONST. A. Trunk Estimate e B. Lateral Estimate e C. Surface Water Mgmt. Charge (s.f.) a 7 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) a B. Trunk Credit C. Trunk Unit Charge (REU) D. Lateral Estimate e 8 WATERMAIN CONST. A. Trunk Area Charge (ac.) a B. Trunk Credit B. Trunk Unit Charge (REU) a C. Lateral Estimate e TOTALS: 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 $417,245 $0 $0 H i t HUt1IVICN 1 B - GRADING ONLY CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Pine Glen NUMBER OF REU's: 72 APPLICANT: 23, LLC ASSESSED AREA (ac.): 44.78 3 -13 -2006 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 PLANNING /REVIEW A. Plat Review Fee $5,000 b B. Planner Review Fee $5,000 $5,000 b $5,000 2 ADMINISTRATION A. Legal $1,000 a B. Administration Fee $1,500 3% of const. b $12,500 C. Publications $1,000 b 3 ENGINEERING $1,000 A. Plan /Plat/Grading Review $15,000 b B. Preparation of Plans & Specs. - Lift Station $20,000 b $15,000 C. Construction Services $20,000 $15,000 b $15,000 D. Construction Staking $0 b E. City Engineering $0 $8,000 b $8,000 4 DEVELOPMENT FEES A. Park Dedication Fee $2075 /unit d B. Sealcoating Fee $0.27 /SF b C. Aerial Photo Fee 90 /unit b BOULEVARD TREE PLANTING $465 /tree b 6 DEVLOPMENT SECURITIES A. Tree Preservation 95 /unit b B. Street Lighting - installation $2,500 a C. Street Lighting - operation $265 D. Traffic Signing $3,000 a E. Street, Storm Sewer, Pond Maint. b F. Other - Property Tax, FEMA TOTALS: $0 $0 $82,500 SECURITY AMOUNTS TO BE POSTED X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $625,000 Att. B Total Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $0 $0 $625,000 Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $0 $0 $82,500 $82,500 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 - 7 8 - AGENDA ITEM 1 Cd STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: March 13, 2006 TOPIC: Resolution No. 06 — 43, Approving Payment Request No. 8 (Final) and Compensating Change Order No. 2, Birch Street and Hodgson Road Improvements. VOTE REQUIRED: 3/5 Vote Required BACKGROUND: At the August 9, 2004 meeting, City Council awarded the Birch Street and Hodgson Road Improvements Contract to Central Landscaping, Inc. The current approved contract amount is $669,270.58. The contractor for the Birch Street and Hodgson Road Improvements Project, Central Landscaping, Inc is requesting City approval of Payment No. 8 (Final) in the amount of $19,900.26. A copy of the final payment and compensating change order is attached. The contractor has satisfactorily completed all work and has provided all necessary documentation. It is staffs recommendations to approve Payment No. 8 (Final) in the amount of $19,900.26 and Compensating Change Order No. 2, which is $5,928.49 under the contract amount, which results in a total project cost of $663,342.09. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 06 — 43, approving Payment Request No. 8 (Final) and Compensating Change Order No. 2, Birch Street and Hodgson Road Improvements. 3. Not adopt Resolution No. 06 — 43. RECOMMENDATION: Option No. 2 - Staff recommends adoption of Resolution Number 06 — 43. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -43 APPROVING PAYMENT REQUEST NO. 8 (FINAL) AND COMPENSATING CHANGE ORDER NO. 2, BIRCH STREET AND HODGSON ROAD IMPROVEMENTS WHEREAS, pursuant to the resolutions of the Council adopted August 9, 2004, awarding the construction contract for the street improvements made to Birch Street and Hodgson Road to Central Landscaping Inc, and; WHEREAS, the construction of the Birch Street and Hodgson Road Improvements, including Change Order No. 1 and Compensating Change Order No. 2 have been completed by Central Landscaping Inc and; WHEREAS, a complete breakdown is detailed in Payment No. 8 (Final); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Payment No. 8 (Final) in the amount of $19,900.26, which results in a total project cost of $663,342.09 is approved for the Birch Street and Hodgson Road Improvement Project. Bergeson, Mayor John Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th day of March, 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. - 80 - TKDA ENGINEERS • ARCHITECTS • PLANNERS N Z.0 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292 -4400 (651) 292 -0083 Fax www.tkda.com Comm. No. 12993 -01 Cert. No. 8 (FINAL) St. Paul, MN, November 29 , 20 05 To City of Lino Lakes, Minnesota Owner , Contractor This Certifies that Central Landscaping, Inc. For Birch Street and Hodgson Road Improvements Is entitled to Nineteen Thousand Nine Hundred Dollars and 26/100 - ----__ ---($ 19,900.26 ) FINAL being 8th estimate for metal payment on contract with you dated August 9 , 2004 Received payment in ll of a cove C�7rEficate. TKDA taping, , 20.J Thomas D. Prew, P.E. Contract price plus extras All previous payments All previous credits Extra No. Change Order No. 1 Compensating Change Order No. 2 111 Credit No. It 3, O RECAPITULATION OF ACCOUNT CONTRACT PLUS EXTRAS $ 613,845.58 $ 55,425.00 $ (5,928.49) AMOUNT OF THIS CER111-1CATE Totals Credit Balance There will remain unpaid on contract after payment of this Certificate $ 663,342.09 $ 663,342.09 PAYMENTS $ 643,441.83 $ 19,900.26 663,342.09 An Employee Owned Company Prc - 81 -irmative Action and Equal Opportunity TKDA Engineers- Architects - Planners Saint Paul, Minnesota 55101 PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS FINAL Estimate No. 8 Period Ending November 29 , 20 05 Page 1 of 1 Project No. 12993 -01 Contractor Central Landscaping, Inc, Original Contract Amount Project Birch Street and Hodgson Road Improvements $613,845.58 Location City of Lino Lakes, Minnesota Total Contract Work Completed Total Approved Credits $ 609,217.09 Total Approved Extra Work Completed $ 0.00 54,125.00 Approved Extra Orders Amount Completed $ 54,125.00 Total Amount Earned This Estimate $ 663,342.09 Less Approved Credits $ Less 0 % Retained 0.00 $ 0.00 Less Previous Payments $ 643,441.83 Total Deductions $ 643,441.83 Amount Due This Estimate Contractor Engineer .? Thomas D. rew, P.E. - 8 2 - $ 19,900.26 Date ^ 13 S/ 1 Date November 29. 2005 ESTIMATE NO. 8 BIRCH STREET AND HODGSON ROAD IMPROVEMENTS ;ITY OF LINO LAKES, MINNESOTA COMMISSION NO. 12993 -01 ITEM NO. DESCRIPTION BIRCH STREET AND HODGSON ROAD IMPROVEMENTS 1 MOBILIZATION 2 CLEARING 3 GRUBBING 4 REMOVE FENCE 5 REMOVE CONCRETE CURB 6 REMOVE STORM SEWER PIPE (ALL TYPES & SIZES) 7 REMOVE WOODEN LANDSCAPING POST 8 REMOVE BIT SURFACE - STREET/DM/TRAIL/SHOULDER (ALL DEPTHS) 9 MILL 2" BITUMINOUS - STREET 10 REMOVE CATCH BASIN, MANHOLE 11 SAW CUT BITUMINOUS PAVEMENT (FULL DEPTH) 12 SALVAGE AND REINSTALL MAILBOX SUPPORT 13 SALVAGE AND RELOCATE HYDRANT & GATE VALVE SYSTEM 14 SALVAGE AND REINSTALL 12" PIPE SEWER.CMP 15 SALVAGE AND REINSTALL 15" RCP 16 SALVAGE AND REINSTALL 15" FES (RCP) 17 SALVAGE AND REINSTALL 24" FES (RCP) 18 COMMON EXCAVATION (P) (STREET/DRIVEWAY) 19 COMMON EXCAVATION (P) FOR TRAIL 20 SUBGRADE EXCAVATION 21 SELECT GRANULAR BORROW (CV) (P) 22 TOPSOIL BORROW (LV) 23 CRUSHED ROCK -6" DEPTH (TRENCH STABILIZATION) 24 EXPLORATORY DIGGING 25 AGGREGATE BASE CLASS 5 (100% CRUSHED) (STREET, DRIVEWAY) 26 AGGREGATE BASE CLASS 5 (100% CRUSHED) FOR TRAIL 27 TYPE MV AGG. 3 WEARING COURSE ( C.S.A.H. 10, C.S.A.H. 49) 28 TYPE MV AGG. 3 NON - WEARING COURSE ( C.S.A.H. 10, C.S.A.H. 49) 29 TYPE LV AGG. 3 WEARING COURSE (WARE RD) 30 TYPE LV AGG. 3 NON - WEARING COURSE (WARE RD, COMMERCIAL DWYS) 31 TYPE LV AGG. 4 WEARING COURSE 2" THICK FOR TRAIL 32 TYPE LV AGG. 4 WEARING COURSE 2" THICK FOR DRIVEWAY 33 BITUMINOUS MATERIAL FOR TACK COAT 34 CONNECT TO EXISTING STORM SEWER PIPE (ALL SIZES AND TYPES) 35 12" RC PIPE APRON W/ TRASH GUARD 36 18" RC PIPE APRON W/ TRASH GUARD 37 12" RC PIPE SEWER CLASS V DESIGN 3006 38 15" RC PIPE SEWER CLASS V DESIGN 3006 39 18" RC PIPE SEWER CLASS V DESIGN 3006 40 36" C.S. PIPE 41 36" 45 DEGREE ELBOW FOR C.S. PIPE 42 36" METAL APRON FOR C.S. PIPE 43 BULKHEAD 36" C.S. PIPE 44 ADJUST EXISTING G.V. BOX 45 6" WATERMAIN DUCTILE IRON CL. 52 46 INSULATION (4" THICKNESS) 47 DUCTILE IRON FITTINGS 48 CONSTRUCT CATCH BASIN 27" DESIGN 403 (W/ SALVAGED CASTING ASSEMBLY) 49 CONSTRUCT CATCH BASIN -MI-I 48" DESIGN 406 (W/ SALVAGED CASTING ASSEMBLY) - 8 3 - PERIOD ENDING: November 29, 2005 CONTRACT QUANTITY UNIT UNIT QUANTITY TO DATE PRICE LS 1.0 1.00 $ 23,000.00 TR 59.0 70.0 $ 150.00 TR 61.0 60.0 $ 150.00 LF 55.0 55.0 $ 1.00 LF 430.0 430.0 $ 4.00 LF 56.0 56.0 $ 12.00 EA 10.0 10.0 $ 20.00 AMOUNT TO DATE $ 23,000.00 $ 10,500.00 $ 9,000.00 $ 55.00 $ 1 ,720.00 $ 672.00 $ 200.00 SY 6,628.0 6,661.0 $ 1.70 $ 11,323.70 SY 1,311.0 1,555.0 $ 3.50 $ 5,442.50 EA 5.0 5.0 $ 300.00 $ 1,500.00 LF 5,524.0 5,426.0 $ 1.80 $ 9,766.80 EA 7.0 2.0. $ 90.00 $ 180.00 LS 1.0 1.0 $ 1,850.00 $ 1,850.00 LF 37.0 38.0 $ 18.00 $ 684.00 LF 61.0 77.0 $ 21.00 $ 1,617.00 EA 3.0 5.0 $ 1,000.00 $ 5,000.00 EA 1.0 1.0 $ 1,300.00 $ 1,300.00 CY 5,780.0 5,780.0 $ 7.00 $ 40,460.00 CY 840.0 840.0 $ 9.00 $ 7,560.00 CY 700.0 180.0 $ 7.00 $ 1,260.00 CY 700.0 574.0 $ 13.00 $ 7,462.00 CY 2,100.0 1,757.0 $ 7.00 $ 12,299.00 LF 100.0 - $ 4.00 $ - HR 5.0 - $ 450.00 $ TN 6,050.0 4,356.25 $ $ 47,918.75 TN 1,123.0 2,005.71 $ $ 25,572.80 TN 1,224.0 1,295.22 $ $ 51,549.76 TN 1,809.0 1,955.6 $ 37.25 $ 72,846.10 TN 230.0 230.0 $ 36.90 $ 8,487.00 TN 253.0 253.0 $ $ 10,727.20 TN 324.0 432.56 $ $ 18,556.82 SY 400.0 452.87 $ $ 7,132.70 GAL 1,100.0 1,525.0 $ $ 3,812.50 EA 5.0 5.0 $ 1,100.00 $ 5,500.00 EA 1.0 1.0 $ 790.00 $ 790.00 EA 5.0 4.0 $ 1,070.00 $ 4,280.00 LF 63.0 63.0 $ 28.00 5 1,764.00 LF 24.0 32.0 $ 36.00 $ 1,152.00 LF 75.0 75.0 $ 40.00 $ 3,000.00 LF 3.0 3.0 $ 100.00 $ 300.00 EA 1.0 1.0 $ 550.00 $ 550.00 EA 1.0 1.0 $ 1,160.400.00 00 $ 1,160.00 EA 1.0 1.0 $ $ 400.00 EA 4.0 6.0 $ 175.00 $ 1,050.00 LF 78.0 28.0 $ 75.00 $ 2,100.00 SY 20.0 $ 20.000 $ - LB 31.0 31.0 5 8.00 $ 248.00 EA 3.0 3.0 $ 785.00 $ 2,355.00 EA 1.0 1.0 $ 1,480.00 $ 1,480.00 11.00 12.75 39.80 42.40 42.90 15.75 2.50 ESTIMATE NO. 8 BIRCH STREET AND HODGSON ROAD IMPROVEMENTS 'TY OF LINO LAKES, MINNESOTA OMISSION NO. 12993 -01 PERIOD ENDING: November 29, 2005 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE 50 CONSTRUCT STORM SEWER MH 48" (W/ SALVAGED CASTING ASSEMBLY) EA 1.0 1.0 $ 1,360.00 $ 1,360.00 51 RANDOM RIP RAP CLASS III CY 31.0 33.95 $ 93.00 $ 3,157.35 52 CONCRETE CURB AND GUTTER DESIGN B418 LF 253.0 302.0 $ 17.25 $ 5,209.50 53 CONCRETE CURB AND GUTTER DESIGN B616 LF 427.0 580.0 $ 15.20 $ 8,816.00 54 4" CONCRETE DRIVEWAY PAVEMENT SY 144.0 141.6 $ 24.90 $ 3,525.84 55 MAILBOX SUPPORT EA 3.0 2.0 $ 95.00 $ 190.00 56 TRAFFIC CONTROL LS 1.0 1.0 $ 6,000.00 $ 6,000.00 57 FULL T ACTT CONTROL SIGNAL SYSTEM SIG SYS 1.0 1.00 $ 105,000.00 $ 105,000.00 58 EMERGENCY VEHICLE PREEMPTION SYSTEM LS 1.0 1.0 $ 5,600.00 $ 5,600.00 59 REMOVE PAVEMENT MARKING - PERMANENT LF 4,000.0 1,252.0 $ 0.50 $ 626.00 60 REMOVE SIGN TYPE C EA 29.0 20.0 $ 20.00 $ 400.00 61 SALVAGE SIGN (INCL POST & ASSEMBLY) EA 12.0 6.0 $ 125.00 $ 750.00 62 SIGN PANELS TYPE C (F & I) (INCL POST & ASSEMBLY) SF 247.5 257.58 $ 21.50 $ 5,537.97 63 HAZARD MARKER X4 -2 EA 6.0 6.0 $ 45.00 $ 270.00 64 PAVEMENT MESSAGE (LT ARROW) POLY PREFORM EA 10.0 11.0 $ 219.00 $ 2,409.00 65 PAVEMENT MESSAGE (RT ARROW) POLY PREFORM EA 11.0 11.0 ' $ 219.00 $ 2,409.00 66 4" SOLID LINE WHITE -PAINT LF 10,470.0 12,036.0 $ 0.12 $ 1,444.32 67 24" SOLID LINE YELLOW -PAINT LF 636.0 1,218.0 $ 1.87 $ 2,277.66 68 24" STOP LINE WHITE -POLY PREFORM LF 130.0 53.0 $ 15.50 $ 821.50 69 4" DOUBLE SOLID LINE YELLOW -PAINT LF 6,698.0 11,856.0 $ 0.22 $ 2,608.32 70 ZEBRA CROSSWALK WHITE -POLY PREFORMED SF 828.0 380.0 $ 7.75 $ 2,945.00 71 SILT FENCE, TYPE PREASEMBLED LF 6,300.0 4,032.0 $ 1.75 $ 7,056.00 '2 INLET PROTECTION AT CB EA 2.0 5.0 $ 125.00 $ 625.00 l3 SODDING TYPE SALT RESISTANT SY 4,000.0 5,422.0 $ 2.00 $ 10,844.00 74 SEEDING (INCL SEED MIX 50B OR 60B, FERTILIZER, MULCH, & DISC ANCHORING) ACRE 2.3 2.5 $ 1,500.00 $ 3,750.00 SUBTOTAL ESTIMATE NO. 8 $ 609,217.09 CHANGE ORDER NO. 1 1 ADDITIONAL TIME AND MATERIALS TO INSTALL SIGNAL BASES DUE TO HIGHER THAN EXPECTED GROUNDWATER LS 1.0 1.0 $ '14,300.00 $ 13,000.00 2 INSTALL ADA APPROVED PEDESTRIAN RAMPS DUE TO RULE CHANGE AFTER BIDDING LS 1.0 1.0 $ 2,933.00 $ 2,933.00 3 RELOCATE 16" WATERMAIN DUE TO CONFLICT WITH SIGNAL BASE AND OTHER UTILITIES LS 1.0 1.0 $ 38,192.00 $ 38,192.00 SUBTOTAL CHANGE ORDER NO. 1 $ 54,125.00 TOTAL ESTIMATE NO. 8 $ 663,342.09 Saint Paul, MN November 29 To Central Landscaping, Inc. CHANGE ORDER TKDA Engineers - Architects - Planners Compensating 20 05 Proj. No. 12993.001 Change Order No. 2 for Birch Street and Hodgson Road Improvements for City of Lino Lakes, Minnesota You are hereby directed to make the following change to August 9 , 20 04 . The change and the work affected thereby is subject covenants. This Change Order will (ease) (decrease) (net -serge) the contract sum by Five Thousand Nine Hundred Twenty -Eight Dollars and 49/100 • COMPENSATING CHANGE ORDER This change order shows the actual quantities installed at the unit price bid amounts NET CHANGE = Amount of Original Contract Additions approved to date (Change Order No. 1) Deductions approved to date (Nos. ) Contract amount to date Amount of this Change Order (Add) (Deduct) (No Change) Revised Contract Amount Approved City of Lino Lakes, Minnesota By Approved Central Landscaping Inc Owner By AtiP �FGtr Contractor - 8 5 - TKDA By your contract dated to all contract stipulations and ($ 5,928.49 ). see attached itemization): $ (5,928.49) 613,845.58 55,425.00 669,270.58 (5,928.49) 663,342.09 Thomas D. Prew, P.E. White - Owner Pink - Contractor Blue - TKDA COMPENSATING CHANGE ORDER N0.2 BIRCH STREET AND HODGSON ROAD IMPROVEMENTS CITY OF LINO LAKES, MINNESOTA • (DA PROJECT NO. 12993.001 PERIOD ENDING: November29, 2005 .,EM NO. DESCRIPTION CONTRACT QUANTITY +/- UNIT AMOUNT NET CONTRACT UNIT QUANTITY TO DATE DIFFERENCE PRICE TD DATE CHANGE AMOUNT BIRCH STREET AND HODGSON ROAD IMPROVEMENTS 1 MOBILIZATION 2 CLEARING LS 1.0 1.00 - 5 23,000.00 $ 23,000.00 5 - 5 23,000.00 3 GRUBBING TR 59.0 70.0 11.0 5 150.00 5 10,500.00 5 1,650.00 5 8,850.00 4 REMOVE FENCE TR 61.0 60.0 (1.0) 5 150.00 $ 9,000.00 5 (150.00) $ 9,150.00 5 REMOVE CONCRETE CURB LF 55.0 55.0 • S 1.00 $ 55.00 $ $ 55.00 6 REMOVE STORM SEWER PIPE (ALL TYPES & SIZES • 430.0 430.0 7 REMOVE WOODEN LANDSCAPING POST $ 4.OD $ 5,720.00 $ 1,720.00 LF 56.0 56.0 $ $ 12.00 9 672.00 5 - $ 672.00 EA 10.0 10.0 • 5 20.00 S 200.00 5 - 0 200.00 8 REMOVE BR SURFACE - STREET/DWY/TRAIUSHOULDER (ALL DEPTHS) BITUMINOUS- STREET 9 MILL 2• Sy 6,628.0 6,661.0 33.0 5 1.70 $ 11,323.70 5 56.10 5 11,267.60 10 REMOVE CATCH BASIN, MANHOLE SY 1,311.0 1,555.0 244.0 $ 3.50 $ 5442.50 5 854.00 $ 4,588.50 EA 5.0 5.0 $ 300.00 $ 1,500.00 5 • $ 1,500.00 11 SAW CUT BITUMINOUS PAVEMENT (FULL DEPTH) LF 5,524.0 5,426.0 (98.0) $ 1.80 $ 9,786.80 S 12 SALVAGE AND REINSTALL MAILBOX SUPPORT EA 7.0 2.0 (176.40) 5 9,94320 13 SALVAGE AND RELOCATE HYDRANT & GATE VALVE SYSTEM (5.0) $ 90.00 S 180.00 $ (450.00) $ 630.00 14 SALVAGE AND REINSTALL 12" PIPE SEWER CMP LS 1.0 1.0 - 1,850.00 $ 1,85060 5 5 1,850.00 $ 15 SALVAGE AND REINSTALL 15' RCP LF 37.0 38.0 1.0 $ 18.00 $ 684.00 $ 18.00 $ 666.00 LF 61.0 77.0 16.0 $ 21.00 1,617.00 $ 336.00 $ 1,281.00 $ 16 SALVAGE AND REINSTALL 15" FES (RCP) EA 3.0 5.0 2.0 5 1,000.00 $ 5,000.00 $ 2,000.00 5 3,000.00 17 SALVAGE AND REINSTALL 24' FES (RCP) EA 1.0 1.0 • $ 1200.00 5 1,300.00 $ - 5 1,300.00 18 COMMON EXCAVATION (P) (STREET/DRIVEWAY) CY 5,760.0 5,7600 5 7.O0 5 40,460.00 $ • 19 COMMON EXCAVATION (P) FOR TRAIL CY 840.0 840.0 $ 40,460.00 20 SUBGRADE EXCAVATION Cy 5 9.00 5 7,560.00 $ - $ 7,560.00 21 SELECT GRANULAR BORROW (CV) (P) CY 700.0 180.0 (520.0) $ .O $ 1.260.00 $ (3,640.00) $ 4,900.00 22 TOPSOIL BORROW (LV) CY 700.0 574.0 (126.0) $ 133.00 9 5 7,462.00 5 (1,638.00) $ 9,100.00 CY 2,100.0 1,757.0 (343.0) 5 7.00 $ 12,299.00 5 (2,401.00) 5 14,700.00 23 CRUSHED ROCK -6' DEPTH (TRENCH STABILIZATION) LF 100.0 (100.0) 9 4.00 $ - $ 24 EXPLORATORY DIGGING HR 5.0 (400.00) $ 400.00 25 AGGREGATE BASE CLASS 5 (100% CRUSHED) (STREET, (5.0) 5 450.00 5 $ (2 250.00) S 2,250.00 DRIVEWAY) TN 6,050.0 4,356.25 (1,693.8) $ 11.00 $ 47,918.75 $ ( 26 AGGREGATE BASE CLASS 5 (100% CRUSHED) FOR TRAIL TN 1,123.0 2,005.71 882.7 S 12.75 $ 25.572.90 5 11,5455) 5 14,318.25 27 TYPE MV AGG. 3 WEARING COURSE ( C.SA.H. 10, C.S.A.H. 49) TN 1,224.0 1,295.22 71.2 $ 39.80 $ 51,549.76 5 2,634.56 5 48,715.20 28 TYPE MV AGG. 3 NON - WEARING COURSE (C.S.A.H. 10, C.S.A.H. 49) TN 1,809.0 1,955.6 146.6 5 37.25 $ 29 TYPE LV AGG. 3 WEARING COURSE (WARE RD) 7N 78,487.00 $ 5,460.85 5 66,48720 230 30 TYPE LV AGG. 3 NON - WEARING COURSE (WARE RD, 230.0 230.0 S 36.90 $ 8,487.00 $ $ 8,487.00 COMMERCIALDWYS) TN 253.0 253.0 5 42.40 5 10,72720 5 1 TYPE LV AGG.4 WEARING COURSE 2• THICK FOR TRAIL 5 13,899.60 TN 324.0 432.56 108.6 42.90 5 18,556.82 $ 4,85722 5 13,899.60 32 TYPE LV AGG. 4 WEARING COURSE 2' THICK FOR DRIVEWAY 400.0 452.87 $ 33 BITUMINOUS MATERIAL FOR TACK COAT 52.9 $ 15.75 5 7,132.70 $ 832.70 $ 6,300.00 GAL 1,100.0 1,525.0 425.0 S 2.50 5 3,812.50 $ 1,06250 $ 2,750.00 34 CONNECT TO EXISTING STORM SEWER PIPE (ALL SIZES AND EA 35 12' RC PIPE APRON W/ TRASH GUARD EA 5.0 5.0 $ 1,100.00 $ 5,500.00 $ 1 0 1.0 5 5,500.00 36 18' RC PIPE APRON W/ TRASH GUARD $ 790.00 $ 790.00 $ • S 790.00 37 1T RC PIPE SEWER GLASS V DESIGN 3006 EA 5.0 4.0 (1.0) $ 1,070.00 $ 4,280.00 $ (1,070.00) $ 5,350.00 38 15" RC PIPE SEWER CLASS V DESIGN 3006 LF 63.0 63.D $ $ 28.00 1,764.00 $ - $ 1,764.00 LF 24.0 32.0 8.0 $ 36.00 $ 1,152.00 S 288.00 $ 864.00 39 18' RC PIPE SEWER CLASS V DESIGN 3006 LF 75.0 75.0 40 36" C.S. PIPE - 5 40.00 5 3,000.00 5 • $ 3,000.00 41 36 45 DEGREE ELBOW FOR C.S. PIPE LF 3.0 3.O - $ 100.00 5 300.00 $ - 5 300.00 EA 42 36' METAL APRON FOR C.S. PIPE 1.0 1.0 - 5 550.00 $ 550.00 5 $ 550.00 43 BULKHEAD 36' C.S. PIPE - EA 1.0 1.0 5 1,160.00 5 1,169.00 $ - $ 1,16100 44 ADJUST EXISTING G.V. BOX EA 1.0 1.0 $ 400.00 $ 400.00 $ - 5 400.00 EA 4.0 6.0 2.0 $ 175.00 $ 1,050.00 $ 350.00 5 700.00 45 IINSULATION AIN DUCTILE IRON CL. 52 LF 76.0 28.0 (50.0) $ 75.00 5 2,100.00 S 46 INULATIO (4' THICKNESS) SY 20.0 (3,750.00) 5 5,850.00 47 DUCTILE IRON FITTINGS 20.0 (20.0) $ 20.00 $ - $ (400.00) $ 400.00 45 CONSTRUCT CATCH BASIN 2T DESIGN 403 31.0 31.0 - $ 8.00 $ 248.00 $ • • 5 248.00 CASTING ASSEMBLY) (W/ 49 CONSTRUCT CATCH BASIN -MH 48' DESIGN 406 (W/ SALVAGED 3.0 3.0 $ 785.00 $ 2,355.00 $ 5 2,355.00 CASTING ASSEMBLY) EA 1.0 1.0 $ 1,480.00 $ 1,480.00 $ $ 1,480.00 50 CONSTRUCT STORM SEWER MI-148" (W/ SALVAGED CASTING ASSEMBLY) EA 1.0 1.0 5 1,360.00 $ 1,360.00 $ 51 RANDOM RIP RAP CLASS!!! CY 31.0 33.95 3.0 $ 93.00 5 3,157.35 $ 274.35 5 2,883 00 52 CONCRETE CURB AND GUTTER DESIGN 6418 53 CONCRETE CURB AND GUTTER DESIGN 8618 LF 253.0 302.0 49.0 $ 17.25 $ 5,209.50 $ 64525 S 4,36425 LF 427.0 580.0 153.0 5 1520 $ 8,816.00 $ 2,32550 $ 6,490.40 54 4• CONCRETE DRNEWAY PAVEMENT (2.4) $ 24.90 5 3,525.84 $ ) 55 MAILBOX SUPPORT � 144,0 141.6 (59]6 $ 3,585.60 56 TRAFFIC CONTROL EA 3.0 2.0 (1.0) $ 95.00 5 190.00 $ (95.00) 5 285.00 LS 1,0 1.0 $ 6,000.00 $ 6,000.00 $ 57 FULL T ACTT CONTROL SIGNAL SYSTEM SIG • SYS 1.0 1.00 - 5 6,000.00 - $ 105,000.00 $ 105,000.00 $ • $ 105,000.00 58 EMERGENCY VEHICLE PREEMPTION SYSTEM LS 1.0 1.0 $ 5,600.00 $ 5,601.00 $ - 5 5,600.00 59 REMOVE PAVEMENT MARKING - PERMANENT LF 4,000.0 1,2520 (2,748.0) $ 0.50 5 626.00 $ 60 REMOVE SIGN TYPE C (1,374.00) 5 2,000.00 61 SALVAGE SIGN (INCL. POST & ASSEMBL EA 29.0 20.0 (9.0) $ 20.00 S 400.00 $ (180.00) $ 580.00 EA 12.0 6.0 (6.0) $ 125.00 9 750.00 $ (750.72) $ 1,500.00 62 SIGN PANELS TYPE C (F 8 1) (INCL POST &ASSEMBLY) 63 HAZARD MARKER X4-2 SF 247.5 257.55 8 10,1 1 $ 21.50 $ 5,537.97 $ 216.72 $ 5,32125 EA 6.0 6.0 5 45.00 5 270.00 5 64 PAVEMENT MESSAGE (LT ARROW) POLY PREFORM EA 10.0 110 1.0 $ 219.00 $ 2,409.00 $ 219.- 5 00 $ 2,191270..00 01 65 PAVEMENT MESSAGE (RT ARROW) POLY PREFORM EA 11.0 11.0 $ 219.00 $ 2,409.00 $ 66 4' SOLID UNE WHITE -PAINT - - 2,409.00 67 24' SOLID LINE YELLOW -PAINT LF 10,470.0 12,035.0 1,566.0 5 0.12 $ 1,444.32 S 167.92 $ 2 S 1,256.40 68 24' STOP LINE WHITE -POLY PREFORM LF 635.0 1,218.0 5820 $ 1.87 5 2,277.66 $ 1,06634 5 1,189.32 LF 130.0 53.0 (77.0) 5 15.50 5 821.50 5 69 4• DDUBLE SOLID LINE YELLOW -PAINT (1,193.50) 5 2,015.00 LF 6,898.0 11,856.0 4,958.0 $ 0.22 $ 2,608.32 $ 1,090.76 $ 1,51756 70 ZEBRA CROSSWALK EAS E -POLY PREFORMED SF 828.0 380.0 (448.0) S 7.75 $ 2,945.00 $ 71 SILT FENCE, TYPE PREASEMBLED LF ^ ^" ^ 4,032.0 (3,472.00) $ 6,417.00 72 INLET PROTECTION AT CB 8 (22580) $ 1.75 $ 7,056.00 $ (3,969.00) $ 11,025.0D EA - 8 6 5.0 3.0 $ 125.00 5 625.07 5 375.00 $ 250.00 EA COMPENSATING CHANGE ORDER NO. 2 PERIOD ENDING: November 29. 2005 BIRCH STREET AND HODGSON ROAD IMPROVEMENTS CITY OF LINO LAKES, MINNESOTA TKDA PROJECT NO, 12993.001 .EM NO. DESCRIPTION CONTRACT QUANTITY +/- UNIT AMOUNT NET CONTRACT 73 SODDING TYPE SALT RESISTANT UNIT QUANTITY TO DATE DIFFERENCE SY PRICE TO DATE CHANGE AMOUNT 74 SEEDING (INCL SEED MIX 50B OR 60E, FERTILIZER, MULCH, & 4,000.0 5,422 0 1,422.0 $ 2.00 $ 10,844.00 $ 2,844.00 $ 8,000.00 DISC ANCHORING) ACRE SUBTOTAL ESTIMATE NO. 8 2.3 2.5 0.2 5 1,500.00 5 3,750.00 $ 300.00 $ 3,450.00 $ 809,217.09 5 (4,625.49) $ 813,84558 CHANGE ORDER NO. 1 1 ADDITIONAL TIME AND MATERIALS TO INSTALL SIGNAL BASES DUE TO HIGHER THAN EXPECTED GROUNDWATER LS 2 INSTALL. ADA APPROVED PEDESTRIAN RAMPS DUE TO RULE 1.0 1.0 5 14,300.00 $ 13,000.00 5 (1,300.0D) $ 14,300.00 CHANGE AFTER BIDDING LS 3 RELOCATE 16' WATERMAIN DUE TO CONFLICT WITH SIGNAL 1.0 1.0 $ 2,933.00 $ 2,933.00 $ $ 2,933.00 BASE AND OTHER UTILITIES LS 1.0 1.0 SUBTOTAL CHANGE ORDER NO. 1 $ 38,192.00 $ 38,192.00 $ - $ 38,192.00 $ 54,125.00 $ (1,300.00) $ 55,425.00 TOTAL COMPENSATING CHANGE ORDER NO. 2 -87- $ 663,342.09 $ (5,928.49) $ 669,270.58 • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 2A Mary Alice Divine March 13, 2006 Continuation of Public Hearing Regarding Tax Abatement in Connection with the YMCA i. Consideration of Resolution No. 06 -34, Approving an Amended and Restated Development Agreement between the City of Lino Lakes and the YMCA of Greater Saint Paul ii. Consideration of Resolution No. 06 -40, Approving a Tax Abatement Related to the YMCA Facility iii. Consideration of Resolution No. 06 -49 Approving an amended and restated Business Subsidy Agreement between the City of Lino Lakes and YMCA of Greater Saint Paul VOTE REQUIRED: Simple Majority BACKGROUND: A public hearing was opened on February 27, 2006 regarding consideration by the City Council to provide additional tax abatement to the YMCA for the inclusion of a zero -depth leisure pool in the first phase of construction. The hearing was continued to complete negotiations regarding the City's and the YMCA's financial commitments and the YMCA's Residential Use Covenants. Attached are amended agreements that supersede the original development agreement and business subsidy agreement with the YMCA that were approved on June 16, 2006. The amended agreement under consideration outlines the following: • The City's commitment of an additional $850,000 in tax abatement to the YMCA, for a total abatement of $2.35 million for the construction and development of an expanded YMCA facility. • The YMCA provides $3.5 million in debt financing for the construction and development of the expanded facility. • The City of Lino Lakes will eliminate the original request of a 5 -year, 10% discount on monthly membership fees. • In turn, the YMCA will provide certain benefits for Lino Lakes residents that include: 1. 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. 2. Teen Center will be open to all Lino Lakes teens (6th — 10th grade) without a membership. (Fee $2 /day to start for nonmembers) 3. 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.) 4. 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). 5. Once a year the YMCA will do health testing for the Police and Fire. Departments. 6. Water aerobics will be offered to individuals with arthritis at a daily rate and will not require a membership. 7. Community Health Seminars 8. Senior Health Fairs will be offered annually which will include fitness classes, blood pressure checks and social opportunities. 9. Resident rate to participate in evening adult leagues (for Lino Lakes residents, a 10% discount for three years) 10. 10% resident discount for the Fall Fun Run 11. The YMCA will provide an initial period of 90 days from the grand opening of the building to join the YMCA with all joiner fees being waived. • Any potential savings from the cost projections in the final bids or value design reductions will be split 50/50 between the YMCA and the City of Lino Lakes. • The YMCA will construct an expanded YMCA facility to include the following: - -Lap lane swimming pool - - Leisure style zero -depth pool -- Sauna - - Teen. Senior Center - - Locker rooms: Women's, men's, family - - Gymnasium -- Aerobic Studio -- Fitness Center -- Kid's Stuff childcare - - Lobby /lounge - - Administrative offices The source of revenue that will be allocated for the city's additional $850,000 commitment will be tax abatement from the Tax Abatement District in Legacy at Woods Edge. Based on developer assumptions of anticipated values and phasing of the part of Woods Edge that is within the Tax Abatement District, a 15 -year abatement will generate in the range of $2,406,845. The capacity is available to meet an obligation of $2,350,000. -100- • • • RECOMMENDATION Staff is recommending closing the public hearing. Following the public hearing, staff is recommending the separate adoption of Resolution No. 06 -34 approving the Amended and Restated Development Agreement, Resolution No. 06 -40 approving a Property Tax Abatement, and Resolution No. 06 -49 approving the Amended and Restated Subsidy Agreement. ATTACHMENTS 1. Resolution No. 06 -34 2. Resolution No. 06 -40 3. Resolution No. 06 -49 4. Amended and Restated Development Agreement 5. Amended and Restated Business Subsidy Agreement - 101 - • • • CITY OF LINO LAKES RESOLUTION NO. 06 -34 RESOLUTION APPROVING AN DEVELOPMENT AGREEMENT BETWEEN THE AMENDED OF LINO �S ND D YMCA OF GREATER SAINT PAUL BE IT RESOLVED By the City Council ( "Council ") of the City of Lino Lakes, Minnesota ( "City ") as follows: Section 1. Recitals. 1.01. Under Minnesota Statutes, Sections 471.15 to 471.191 (the "Recreation Act "), the City is authorized to acquire, equip and maintain recreational facilities, and also to cooperate with a nonprofit organization in the operation of such a recreational program in any manner in which the parties mutually agree. 1.02. In furtherance of a cooperative program under the Recreation Act the City and the YMCA have entered into a certain Development Agreement, dated June 16, 2005 (the "Development Agreement "), which specifies the parties' anticipated responsibilities re ardin the development and financing of a recreational facility. g g 1.03. The Development Agreement is proposed to be amended and superseded by the Amended and Restated Development Agreement, to be dated on or after March 1, 2006 (the "Amended and Restated Development Agreement "), between the City and the YMCA, which specifies the parties' anticipated responsibilities regarding the development and pool, financing of a facility that includes a teen center, gyre, indoor lap swimming pool, leisure style zero-depth bP 1, cardiovascular /strength training area, aerobic studio, family program space, women's, men's and family locker rooms, and Kids Stuff childcare (the "Facility "). 1.04. The Facility will be constructed by the YMCA on land currently owned by the City (the "Site "). 1.04. The Amended and Restated Development Agreement contemplates, among other things, that the City will convey or lease the Site to the YMCA without cost to the YMCA and further that the City will contribute $2,350,000 in funds toward construction of the Facility, which will include a zero -depth pool, all subject to the terns of definitive agreements to be entered into by the parties. be 1.05. The Council has reviewed the Amended and Restated Development Agreement. Section 2. City Approval: Further Proceedings. 2.01. The Amended and Restated Development Agreement as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the -102- • transaction and that are approved by the Mayor and City Administrator, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Administrator are hereby authorized to execute on behalf of the City the Amended and Restated Development Agreement and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. Approved by the City Council of the City of Lino Lakes, Minnesota this 13th day of March, 2006. ATTEST: • City Clerk • -103- Mayor • • Third Draft March 3, 2006 YMCA/CITY OF LINO LAKES AMENDED AND RESTATED DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of the day of between the CITY OF LINO LAKES (the "City") y , 2006, by and PAUL ( "YMCA ") ( Y ") and the YMCA OF GREATER R SAINT This Agreement supersedes the Development Agreement, dated June 16, 2005, by and between the City and the YMCA. A. FACILITY 1. The YMCA will construct a facility on the property described in Exhibit A (the "Site ") of approximately 45,000 square feet that includes a teen center, gym, indoor lap swimming pool, leisure style zero -depth pool, cardiovascular /strength training area, aerobic studio, family program space, women's, men's and family locker rooms, and Kids Stuff childcare (the "Facility "). Building design will provide for future expansion opportunities. 2. The YMCA site and building plan will adhere to the principles of the planned unit development ( "PUD ") approved for the Site, and the Lino Lakes Town Center Design and Development Guide referenced in the PUD, unless amendments to the PUD are approved by the City in accordance with City ordinances and procedures. The parties agree and understand that the transfer of land will be subject to City trail and conservation easements and reciprocal parking easements at locations mutually agreed by the parties, and that the site plan will include provisions for preservation of existing trees on the Site. • 3. The YMCA will hold responsibility for the design of the facilities listed in Exhibit B, and operations and programming within the facility, including the hours of operation. The City, through its participation on the Chain of Lakes YMCA Community Board and its city staff liaisons acting as at -large members on the facilities, finance and programming committees, will provide comment regarding the architectural design, site layout, landscaping, parking, lighting and signage incorporated within the design standards. City staff and the YMCA will establish a process to implement complementary and joint recreational programming. 4. The YMCA will be subject to the city's comprehensive plan, zoning ordinances, and site plan reviews. The YMCA will be responsible for obtaining any other necessary permits from other public regulatory agencies. B. FINANCIAL COMMITMENT 1. It is anticipated the cost for construction of the facility will be in the range of $8.2 million, including in -kind donations, based on year 2006 construction costs. 2. The City commits to $2,350,000 in support of the construction of the Facility, which will include a zero -depth pool, upon acceptance of the development agreement by the Lino Lakes City Council. The $2,350,000.00 in total monetary support from the City will be funded to the YMCA at time as the parties mutually agree in connection with other financing for the facility, but in no event before the parties have determined that overall financing for construction of the facility is feasible. The City will not issue tax- exempt obligations to finance its monetary commitment of 2,3 50,000 (the "City Bonds ") prior to the YMCA receiving final bids for the construction of the Facility and the YMCA finalizing the issuance of the conduit long -term debt to be issued by - 1 0 5 - • • the City in an approximate amount of $3,500,000 (the "Revenue Notes ") and loaned to the YMCA. The proceeds of the City Bonds and the Revenue Notes shall be disbursed on a pro rata basis to finance the construction costs of the Facility. The YMCA commits financial development to secure funds to construct the facility. If a shortfall exists, the YMCA agrees to finance any shortfall under terms further described in Section D below; provided that the if the YMCA reasonably determines that more than $3.5 million in long -term debt will be required to finance construction costs, the parties will review the feasibility of the project and negotiate in good faith regarding alternative financing and /or design options. This City will also convey the Site to the YMCA at no cost, either as part of the financing arrangements described in Section D, or directly if the YMCA does not request City participation in such financing. If the Site is conveyed directly, title will be restricted to the same use restriction described in the second sentence of Section D.1. 3. The City will provide infrastructure (road, sanitary and storm sewer, water) to the property. The YMCA will be responsible for all costs associated with utility hook -up from the street to the facility. The YMCA will be solely responsible for all permit fees, SAC fees, and connection charges. 4. Any construction cost savings reflected when the YMCA's 2006 construction costs projections (including a contingency of not more than 7.5% of total construction costs) are compared to the final bids for construction accepted by the YMCA will be apportioned on a fifty -fifty basis to the City and the YMCA and will be utilized to decrease the City's commitment of financial support of $2,350,000 and the YMCA's commitment to obtain up to $3,500,000 in long -term debt financing. Any • • construction cost savings realized by the YMCA when actual construction costs are compared to the final bids accepted by the YMCA (e.g. if the entire contingency of 7.5% of total construction costs is not utilized) will be apportioned on a fifty -fifty basis to the City and the YMCA. 5. The YMCA will be solely responsible for all costs in excess of the sum contributed by the city, including financing, administrative, architectural, engineering, construction management, surveying and legal costs, and site and building plan review fees. C. RESIDENTIAL USE COVENANTS 1. A "Community Pass" will be included in each City Newsletter four times per year for a period of five years from the date the YMCA is operational. The Community Pass will allow an individual or family one use of the YMCA Chain of Lakes facility. Each Community Pass will have an expiration date corresponding to the publication of the following issue of the City Newsletter. 2. A teen center will be a component of the YMCA Chain of Lakes facility. This teen center will be available to all eligible Lino Lakes resident youth (those in grades sixth through tenth) regardless of whether they are members of the YMCA and on the same terms, conditions and fees applicable to other youth. The fee per day for teens without a membership will be $2.00 per day for a period of three years from the date the YMCA is operational. 3. City residents will be given an initial period of ninety (90) days from the grand opening of the Chain of Lakes YMCA facility to join the YMCA with all joiner fees waived. 4 -107- 0 • • 4. The Chain of Lakes YMCA facility will hold four annual community events free of charge to members and nonmembers. If these events include special activities such as a dinner, a nominal fee will be charged. 5. The Chain of Lakes YMCA facility will offer free "Learn to Swim" water instruction in the early summer for children ages three to ten on an annual basis for a period of three years from the date the YMCA is operational. These classes will be open to both members and nonmembers and registration for the classes will be taken until the classes are full. 6. The Chain of Lakes YMCA facility will provide health testing for the Police Department and Fire Department on an annual basis. 7. The Chain of Lakes YMCA facility will offer water aerobics to individuals with arthritis at a daily rate regardless of whether the individual is a member of the YMCA. 8. The Chain of Lakes YMCA facility will offer community health seminars on a regular basis and available to both members and nonmembers of the YMCA. 9. The Chain of Lakes YMCA facility will sponsor a Senior Health Fair annually, which will include fitness classes, blood pressure checks, and social opportunities. 10. The Chain of Lakes YMCA facility will offer City residents a discount of 10% on fees for participation in evening adult leagues for a period of three years from the date the YMCA is operational. This discount will be available to City residents regardless of whether they are members of the YMCA. 5 -108- • 11. The Chain of Lakes YMCA will offer City residents a discount of 10% on fees for participation in the Fall Fun Run. This discount will be available to City residents regardless of whether they are members of the YMCA. 12. Lino Lakes residents will be subject to the same rules, regulations, conditions and limitations of use as all regular YMCA members. D. PROPERTY RIGHTS • OTHER FINANCING The City currently owns the approximately 6.7 acre Site on which the facility will b y be constructed. The City will assist in providing tax- exempt financing for construction costs above the amounts provided by the City and from YMCA equity (through contributions). Such financing will be accomplished through issuance by the City of qualified tax - exempt 501(c)(3) revenue bonds, under a structure to be agreed upon the parties. That structure will be based on the following: Conduit bonds (under which the City loans the bond proceeds to the YMCA, using loan repayments to secure the bonds). In this stricture, the City would transfer marketable title to the Site upon or before issuance of the bonds, at no cost. The Site will be subject to a continuing restriction for thirty p ears providing ovidinb that title reverts to the City if the YMCA sells the land and building to a private, for - profit corporation, becomes insolvent or bankrupt, or no longer operates the facility as a YMCA recreational facility. Further, the parties understand that the financing stricture may include a combination of short-term bonds (to finance a portion of the YMCA contributions expected to aid from m pledged donations) and long -teini bonds (to finance the remainder of construction costs), 6 -109- • • subject to the qualification described in Section B.2 above). The parties will negotiate in good faith regarding the financing structure that meets their mutual needs and interests. E. INDEMNIFICATION Except where arising from the negligent or wrongful act or omission of the following named parties, the YMCA agrees to protect and defend the City its governing body members, officers, agents, servants and employees acting in their capacity on behalf of the City, and further agrees to hold the City and them harmless from any claim, demand, suit, action or other proceeding made by any person or entity arising or purportedly arising from this Agreement or the transactions contemplated hereby or the acquisition, construction, installation, ownership, maintenance and operation of the YMCA facility, other than any claim arising from an act or omission of the City' s governing body members, officers, agents, servants and employees thereof. F. PURPOSE OF AGREEMENT This Agreement is intended to describe the general terms under which the YMCA facility will be constructed, and the respective responsibilities of the YMCA and City. The parties understand that the terms described in this Agreement will be incorporated in definitive agreements (the form of which may depend on the ultimate financing structure), and that these terms may be revised as negotiations proceed. However, this Agreement sets forth the primary understanding under which the YMCA and City will proceed. 7 -110- • • • IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the YMCA has•caused this Agreement to be duly executed in its name and behalf as of the date first above written. CITY OF LINO LAKES By By Its Mayor Its City Administrator YMCA OF GREATER SAINT PAUL By 8 Its EXHIBIT A Definition of Site 1e11,3 iI Iase1 3 °lsr33 ; sIT3s�ata. "' d s a ■ s '11111141 as T u ai S•fi ' ea ' t ap f r t((� J= al 3 J ,, s� '1 T 11T' #lIIaf11' } 111,1. '? TT 10.114 � 5`� dj�= j! 1 °iip„ „Vol. i 1 'xiSl111'sas 11 1.p. J a,Tes114ar3axils ; tia'1�aaS.t TTi t. 14.1p-cm c 111!,p55llaJlia11 +3. 1a1{ K Sll��alTtlillai I ! e Ji.4 , �a,3�13s Fa I 1:'s��] alt }a =s { x i {° 1)11jlJ 31 ;311 i3(? 1 iiiwgn1jkiThg 1 ai;Iijf I i 1I 11 3 11:iST,, 3 "'H r+' : ee 3 11 17 ' P. 3_11 {S 3 �� =1 iq �€ 11:141! 51.1 11q �- 11 3 'aYT afd� 0 ,j 1 T is A' T a F p� I 1 k jJag- p t a ,ls talali f� ;d3 aTTj 1 ��a�s{a 3is!'� 9FTo €I�IIj�� i 1s1{(Ng d aal qi ba, � {]rri_.1I Y a,3. JE iT a J� 33i j � �! . aT7es bekl'ziliihi "Sli�; J I11 1 {a =e 1 Tjz Jjl� I iil all ! 7{ 7 F , T'�tt�i( � {a `. d I 1 1 iarla�a ; S ST�ss 2 slyes fpj� $ =I -' t T =i i p=T3'al•ta1 � 11:3 Tg_et,.81t 3 t7l'= ;1I tqja =ui� I,Jt I 1�1j1 tB iat r { {f1 ;T�rr� °alSi' { =T aT' .i '!a�•Si:a �11 ty�lif ii 1' 3 li t(+Ie 3 Sat•1 iJ ! . iS ,1lJSa.i^ `a ; y � {a�rdl�q�=a•�ioi}i Y is ! a, 7.3113 7P i�a3'�a,�aa��jlF {J1i�31 J iJi',�g�gus Fe'f" Y � - a.1Yj'r. Sa r�a,t�' fa ; iI E�T ;F13 a+s a,3 !,,,11111 xaT iit,'4da i!f Y -t .1„6 s'[` SE l Y Jae+• S 7 dd Y T 1 1 sa a s Ta 77r : jp�ayail�t a1i"1 €TS rT: 1a 3311,1 i 3TJhTi•fi a r 's= _ 4.11114111113)30 � i 1 =i ,la i 30,03144;:i iJi' a ij rr4,3Ti T 111�x11(3 =� g e a 11 , 11tiliji3j�'i 'llt =1 ' �31t1ico��e].] c'= _y ; 3 ,i ° , :,� °x' J1� 3'1 a1;1T{;3.1 :,41 131 ' =i-'T1A aJs Elm s aT: §i p33 i 1 t ggS ; if i p 13311 e!: ' 11 atlt: t c tii i • Y' tYe TT Sail ia. til�a� at 8 IS d11a,�at�a-a Yi 3 :i �`r fr^ J J�jit Jae.a I azaa3e, 3.1 °a 1 STCfSi3 {�icfp133i�d ,a �`�lr��1i -.F.s s, \ 3; ' .+ i 1 a 11 5 L 3 3 2 0 • -1 -112 Yq 73 • • • EXHIBIT B Description of Facilities 10 - 113 - • • CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 06-40 PROPERTY TAX ABATEMENT RELATED ATED TO YMCA FACILITY BE IT RESOLVED by the City « Minnesota (the "City ") as follows: C °until (the Council ") of the City of Lino Lakes, Section I. Regis 1.01. Under Minnesota Statutes, Sections 471.15 to 471.191 City of Lino Lakes City (the "City ") is authorized to acquire, equip (the "Recreation Act"), the and also to cooperate with a nonprofit organization recreational program ' q p and maintain recreational p gram m any manner in which the mutually e the operation of such a parties mutually agree, and 1.02. In furtherance of a cooperative program the YMCA 1.02. Greater St. Paul p under the Recreation Act, the City and Lino Lakes Development Agreement, have entered into an agreement p greement, dated June 16, 2 breement titled a endeYMCA/City and superseded by the Amended and 005, which will be Restated Development Agreement to be dated n fiord after March 1, 2006 (the "Development Agreement "). The Development parties' respective responsibilities in the construction and operation square foes recreational ive responsibilities nsib lit in the City ion of Agreement describes 45,000 square legally e foot described the Development p on of an approximately a (the 4Si000 ty (the "Facility ") to be located on property "Legacy at Woods Edge;" pment Agreement) within a larger development knot�,n�as�ttl1e be, and 1.03. Under the Development Agreement, the Cit contribute $2,350,000 toward construction of the Facility; y has agreed, among other things, to Y� and 1.04. Under Minn. Stat. Sections 469.1812 through 469.1815 the City is authorized to grant is certain grant a property d "Abatement order ertto public purposes, tax abatement on specified parcels in order to accomplish opportunities p rposes, including situations where the abatement will provide employment cent for City City, provide or help acquire or construct public facilities, finance or provide public infrastructurelltainesd, help 1.05. The City is also authorized under the Abatement Act to issue bonds to pay for public improvements that benefit the property that is the source o 1.06. The City has determined that the f the abatement; and e Facility will help serve the City's programs under the Recreation Act, and that it will provide access both future residents of the Legacy at Woods Edge develo rn e recreational whole. to recreational services for p nt and residents in the City as a • • 1.07. The City has identified certain property located near the Site and within the Legacy at Woods Edge development, described in Exhibit a hereto (the "Abatement Parcels "), from which the City proposes to collect a portion of the City's share of taxes and pledge those revenues to pay principal and interest on bonds to be issued by the City of $2,715,000 (the "Abatement Bonds "). Y y in a maximum principal 1.08. On March 13, 2006, the Council conducted a duly noticed public hearing on the Abatement at which the views of all interested persons were heard. Section 2. Findins. 2.01 On July 25, 2005, the Council approved a resolution (the "Prior Abatement Resolution ") approving an abatement of property taxes on certain identified parcels within the Legacy at Woods Edge development. No bonds or other obligations were issued under the Prior Abatement Resolution. The Prior Abatement Resolution is withdrawn and superseded by this Resolution. 2.02. It is hereby found and determined that the benefits to the City from the Abatement will be at least equal to the costs to the City of the Abatement, because (a) the Abatement will help finance the Facility, which will help the City carry Act and provide access to these important services by Cityeresidentsrogra h under were required to finance the entire facility as a municipal recreation center, the costs to the City would far exceed the amount provided through the Abatement described in this resolution; (c) the Facility will help stimulate the development of the Abatement Parcels and the Legacy at Woods Edge development as a whole, and (d) the long term tax collections from the Abatement Parcels after the term of this resolution will far exceed the amount of Abatement collected hereunder. 2.03. It is hereby found and determined that the Abatement is in the public interest for the reasons described in Sections 2.02 and 2.04. 2.04. It is further specifically found and determined that the Abatement is expected to result in the following public benefits: (a) Help finance the Facility. (b) Provide access to a high quality recreational facility to City residents, which would not otherwise be financially feasible. (c) Stimulate significant increases in taxable market value of the Abatement Parcels. (d) Implement the City's long -term plans for the Legacy at Woods Edge development. (e) Stimulate increases in employment in the City. -115- • • 2.05. The maximum principal amount of Abatement Bonds to be secured by Abatements under this resolution does not exceed the estimated sum of Abatement from the Abatement for the term authorized under this resolution. Parcels 2.06. The Facility financed with proceeds of the Abatement Bonds will benefit Abatement Parcels, as those parcels are in the the e housing development immediate vicinity of the Facility and residents of housing develo ment on the Abatement Parcels will have easy access to use of the expected xpeite Section 3. Actions Ratified. Abatement A roved. 3.01. The Council hereby ratifies all actions of the City's staff and consultants in arranging for approval of this resolution in accordance with the Act. 3.02. Subject to the provisions of the Act, the Abatement is hereby approved and adopted to the following terms and conditions: pted (a) The term "Abatement" means a portion of the City's share of the real property taxes generated from the improvements on the Abatement Parcels, in the amounts de amounts in this Section: (i) The annual Abatement collected by the City in any calendar year will not exceed 105 % of the of debt service on the Abatement Bonds (as defined in Section 1.07 hereof) due and payable on August 1 of the year in which the Abatement is collected and on the next following February 1. (ii) Notwithstanding anything to the contrary herein, the Abatement collected by the City on any August 1 and subsequent February will not exceed the amount produced by extending the City's l totall tax rate for the applicable year against the tax capacity of improvements on the Abatement Parcels, excluding the tax capacity of the land and the tax capacity attributable to the areawide tax under Minnesota Statutes, Chapter 473F, as of January 2 in the prior year. (iii) In accordance with Section 469.1813, subdivision 8 of the Act, in no year shall the Abatement, together with all other abatements approved by the City under the Act and paid in that year exceed the greater of 10% of the City's levy for that year or $200,000 (the "Abatement Ca p " h any other abatements permitted under the Act after the l a eaof this grant resolution, provided that to the extent the total abatements in any year exceed the Abatement Cap, the allocation of Abatement Cap to such other abatements is subordinate to the Abatements under this Agreement. (b) The City will collect the Abatement in tax collection years 2009 through 2023, and will pledge those revenues to principal and interest on the Abatement Bonds and any bonds 3 -116- • • • issued to refund the initial Abatement Bonds. The pledge of Abatement will be further reflected in the resolution awarding sale of the Abatement Bonds (and any refunding bonds). (c) In accordance with Section 469.1814, subd. 4 of the Act, the amount of Abatement is not subject to periodic review by the City; provided that the actual amounts of Abatement will be detennined only upon issuance of the Abatement Bonds and any refunding bonds, which final determination will not constitute a modification of the Abatement amount. (d) In accordance with Section 469.1815 of the Act, the City will add to its levy in each year during the term of the Abatement the total estimated amount of current year Abatement granted under this resolution. Approved by the City Council of the City of Lino Lakes, Minnesota this 13th day of March, 2006. Attest: Ci 4 -117- Mayor • • • EXHIBIT A Abatement Parcels Outlot E and Lot 2, Block 1, The Village No. 3, according to the recorded plat thereof, Anoka County, Minnesota • • • CITY OF LINO LAKES RESOLUTION NO. 06 -49 RESOLUTION APPROVING AN AMENDED AND RESTATED BUSINESS SUBSIDY AGREEMENT BETWEEN THE CITY OF LINO LAKES AND YMCA OF GREATER SAINT PAUL BE IT RESOLVED By the City Council ( "Council ") of the City of Lino Lakes, Minnesota ( "City ") as follows: Section 1. Recitals. 1.01. Under Minnesota Statutes, Sections 471.15 to 471.191 (the "Recreation Act "), the City is authorized to acquire, equip and maintain recreational facilities, and also to cooperate with a nonprofit organization in the operation of such a recreational program in any manner in which the parties mutually agree. 1.02. In furtherance of a cooperative program under the Recreation Act the City and the YMCA have entered into a certain Development Agreement, dated June 16, 2005, which will be amended and superseded by the Amended and Restated Development Agreement, to be dated on or after March 1, 2006 (the "Development Agreement "), which specifies the parties' anticipated responsibilities regarding the development and financing of a facility that includes a teen center, gym, indoor lap swimming pool, leisure style zero -depth pool, cardiovascular /strength training area, aerobic studio, family program space, women's, men's and family locker rooms, and Kids Stuff childcare (the "Facility "). 1.03. The Facility will be constructed by the YMCA on land currently owned by the City (the "Site "). 1.04. The Development Agreement contemplates, among other things, that the City will convey or lease the Site to the YMCA without cost to the YMCA, and further that the City will contribute $2,350,000 in funds toward construction of the Facility, which includes a zero -de th pool, all subject to the te��is of definitive agreements to be entered into by the parties. p 1.05. The City expects to finance its financial contribution through issuance of bonds (the "Abatement Bonds ") secured by property tax abatements under Minnesota Statutes, Section 469.1812 to 469.1815 (the "Abatement Act "). s 1.06. In connection with issuance of the Abatement Bonds, the City also intends to approve a resolution granting a property tax abatement under the Abatement Act (the "Abatement Resolution ") for certain property that is adjacent to and benefits from the Facility. y 1.07. The City also expects to finance additional costs of the Facility through issuance of qualified tax - exempt 501(c)(3) revenue bonds (the "Revenue Bonds "). • • • 1.08. While the Facility will be operated in part as a cooperative effort with the City under the Recreation Act, the City has determined that it's contribution of land and City funds to the YMCA constitutes a business subsidy within the meaning of Minnesota Statutes, Section 116J.993 to 116J.995 (the "Business Subsidy Act "). 1.09. The City has determined that amounts paid from proceeds of the Revenue Bonds do not consitute a business subsidy, under Section 116J.993, Subd. 3(14) of the Business Subsidy Act. 1.10. The City and the YMCA previously entered into a Business Subsidy Agreement, dated July 28, 3005, which memorialized the financial agreements between City and the YMCA regarding the Facility in accordance with the Business Subsidy Act. 1.11. The City and the YMCA have determined to further negotiate the financial agreements between them regarding the Facility in part through an Amended and Restated Business Subsidy Agreement, to be dated on or after March 1, 2006 (the "Subsidy Agreement ") in accordance with the Business Subsidy Act. The Subsidy Agreement amends and supersedes the Business Subsidy Agreement, dated July 28, 2005, between the City and the YMCA. 1.12. On this date, the City Council held a duly notice public hearing regarding the Subsidy Agreement. Section 2. City Approval• Further Proceedings. 2.01. The Subsidy Agreement as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Administrator, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Administrator are hereby authorized to execute on behalf of the City the Subsidy Agreement and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. Approved by the City Council of the City of Lino Lakes, Minnesota this 13th day of March, 2005. ATTEST: City Clerk Mayor Second Draft • March 3, 2006 AMENDED AND RESTATED BUSINESS SUBSIDY AGREEMENT THIS AGREEMENT, made as of the day of CITY OF LINO LAKES (the "City ") and the YMCA OF GREATER SAINT PAUL ("YMCA") the RECITALS WHEREAS, under Minnesota Statutes, Sections 471.15 to 471.191 (the "Recreation Act "), the City is authorized to acquire, equip and maintain recreational facilities, and also to cooperate with a nonprofit organization in the operation of such a recreational program in any manner in which the parties mutually agree; and WHEREAS, in furtherance of a cooperative program under the Recreation Act the City and the YMCA have entered into that certain Development Agreement dated June 16, 2005, was amended and superseded by the Amended and Restated Development Agreement dated ' 2006 (the "Development Agreement "), which specifies the parties' anticipated responsibilities regarding the development and financing of a facility that includes a teen center, gym, indoor lap swimming pool, leisure style zero -depth pool, cardiovascular/strength area, aerobic studio, family program space, women's, men's and family locker room, and 1Kids Stuff childcare (the "Facility "); and • WHEREAS, the Facility will be constructed by the YMCA on land currently owned by the City, described in Exhibit A hereto (the "Site "); and WHEREAS, the Development Agreement contemplates, among other things, that the City will convey or lease the Site to the YMCA without cost to the YMCA, and further that the City will contribute 52,350,000 in funds toward construction of the Facility, which will include a zero -depth pool within the Facility, all subject to the terms of definitive agreements to be entered into by the parties; and WHEREAS, the City expects to finance its financial contribution through issuance of bonds (the "Abatement Bonds ") secured by property tax abatements under Minnesota Statutes Sections 469.1812 to 469.1815 (the "Abatement Act "); and WHEREAS, in connection with issuance of the Abatement Bonds, the Ci Resolution dated March 13, 2006 granting � has approved Abatement Act (the ``Abatement Resolution ") for certain property that is adjacent to and benefits from the Facility; and WHEREAS, the City also expects to finance additional costs of the Facilit y through issuance of qualified tax- exempt 501(c)(3) revenue bonds (the "Revenue Bonds "); and • • • • WHEREAS, while the Facility will be operated in part as a cooperative effort with the City under the Recreation Act, the City has determined that its contribution of land and City funds to the YMCA constitutes a business subsidy within the meaning of Minnesota Statutes, Section 116J.993 to 116J.995 (the "Business Subsidy Act "); and WHEREAS, the City has determined that amounts paid from proceeds of the Revenue Bonds do not consitute a business subsidy, under Section 116J.993, Subd. 3(14) of the Business Subsidy Act; and WHEREAS, the City previously entered into a Business Subsidy Agreement, dated July 28, 2005, with the YMCA, which is superseded by this Agreement; and WHEREAS, the parties have determined to finalize the financial agreements between them regarding the Facility in part through this Agreement; and WHEREAS, the City Council has held a duly noticed public hearing regarding the business subsidy described in this Agreement; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. General Tern's. The parties agree and represent to each other as follows: (a) The subsidy provided by the City to the YMCA consists of (i) the fair market value of the Site, which the parties agree is $1,021,482 and (ii) the amount of $2,350,000 to be contributed from proceeds of the Abatement Bonds. The timing of the conveyance of the Site and disbursement of Abatement Bonds proceeds will be determined by the parties as part of agreements entered into in connection with issuance of the Revenue Bonds. The parties agree and understand that the "Benefit Date" (within the meaning of the Business Subsidy Act) for the subsidies under this Agreement is the date of the certificate of occupancy for the Facility issued by the City. (b) The public purposes of the subsidy is to further the City's recreational programs under the Recreation Act by facilitating development of the Facility, and to accomplish the further purposes described in the Abatement Resolution. (c) The goals for the subsidy are to (i) secure completion of the Facility by December 31, 2007, (ii) timely meet all the residential use covenants for the benefit of City residents as set forth in Section C of the Development Agreement; and (iii) ensure that the Facility is operated for at least five years as described in clause (f) below. (d) If the goals described in clause (c) are not met, the YMCA must make the payments to the City described in Section 3. (e) The subsidy is needed because the cost of development of a Facility of a size and quality to meet City needs is not financially feasible based on YMCA revenues and therefore public financial assistance is required. -122- • • (f) The YMCA must continue or cause to be continued operation of the Facility as recreational facility for at least five years after the Benefit Date. For the purpose of this Section, the Facility will be considered to be maintained in operation if the Facility is current in all required licenses and is open during regular business hours at least five days a week (other than temporary closure for renovation or a similar business reason). (g) The YMCA does not have a parent corporation. (h) The YMCA has not received, and does not expect to receive, financial assistance from any other "grantor" as defined in the Business Subsidy Act, in connection with the Site or the Facility. ?. Job and Wage Goals. In accordance with Section 116J.994, subdivision 4, the City has determined after a public hearing that the creation or retention of jobs is not the goal of the business subsidy provided under this Agreement. Accordingly, the wage and job goals are set at zero. 3. Remedies. If the YMCA fails to meet the goals described in Section 1(c), the YMCA shall repay to the City upon written demand from the City (a) the total amount of the subsidy described in Section 1(a) hereof; and (b) interest on the amounts in clause (a) at the rate set forth in the Business Subsidy Act, accrued from the Benefit Date to the date of the default. If the Facility is timely completed but the YMCA fails to meet the five -year operation goal, the total subsidy to be repaid will be prorated by the portion of the five -year operation period elapsed as of the date of default. If a default consists of failure to comply with the covenants described in Section C of the Development Agreement, the total subsidy to be repaid will be prorated based on any reasonable methodology that takes into account partial fulfillment of goals. The parties agree and understand that, under other agreements entered into regarding the Facility, covenants regarding operation of the Facility and residential use covenants may extend beyond the five -year period described in this Agreement. However, in no event will the repayment remedy described in this Section 3 apply to any default under any such continuing covenant after expiration of the five -year period described in Section 1(f). YMCA agrees and understands that it may not receive a business subsidy from the City or any grantor (as defined in the Business Subsidy Act) for a period of five years from the date of the failure or until the YMCA satisfies its repayment obligation under this Section, whichever occurs first. 4. Reports. YMCA must submit to the City a written report regarding business subsidy goals and results by no later than March 1 of each year, commencing March 1, 2007 and continuing until the later of (i) the date the goals stated Section 1(c) are met; (ii) 30 days after expiration of the five -year period described in Section 1(f) or (iii) if the goals are not met, the date the subsidy is repaid in accordance with Section 3. The report must comply with Section 116J.994, subdivision 7 of the Business Subsidy Act. The City will provide information to the YMCA regarding the required forms. If YMCA fails to timely file any report required under this Section, the City will mail the YMCA a warning within one week after the required filing date. If, after 14 days of the • • postmarked date of the warning, the YMCA fails to provide a report, the YMCA must pay to the City a penalty of $100 for each subsequent day until the report is filed. Failure by the City to deliver a timely warning notice will not relieve the YMCA's obligation to pay a penalty within 14 days after receipt of a notice to pay. The maximum aggregate penalty payable under this Section is $1,000. 5. Relation to Develo ment Agreement. This Agreement supplements Development Agreement. In the event of any conflict between this Agreement and the Development Agreement, this Agreement controls. 6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered it if is dispatched by registered or certified mail postage prepaid, return receipt requested, or delivered personally: As to the City: With Copy to: As to the YMCA: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Attention: City Administrator Stephen Bubul Kennedy & Graven 470 U.S. Bank Plaza Minneapolis, MN 55402 Thomas Brinsko President /CEO YMCA of Greater St. Paul 2125 E Hennepin Ave. Minneapolis MN 55413 or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other. 7. Counteroarts. This Agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. • • IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the YMCA has caused this Agreement to be duly executed in its name and behalf as of the date first above written. CITY OF LINO LAKES By By Its Mayor Its City Administrator YMCA OF GREATER SAINT PAUL • By • • Its • • EXHIBIT A Description of Site -127- • • • AGENDA ITEM 2B STAFF ORIGINATOR Al Rolek MEETING DATE March 13, 2006 TOPIC Public Hearing for and Consideration of Resolution 06 -50 Relating to the Issuance of Revenue Notes for the Benefit of YMCA of Greater Saint Paul VOTE REQUIRED BACKGROUND Simple Majority The YMCA, in partnership with the City for the proposed Lino Lakes YMCA, has made a request to the City to issue tax exempt revenue notes to finance a portion of the project cost. The City Council opened a public hearing at its February 27th meeting to consider this request, and continued the hearing to this evening to take any additional public comment on the issuance of up to $4,000,000 in tax - exempt revenue notes for the benefit of the YMCA. Following the public hearing, the City Council is to consider Resolution 06 -50. Approval of the resolution grants approval to the issuance of the revenue notes, authorizes and directs submission of the proposal to the Department of Employment and Economic Development ( "DEED "), authorizes an intent to reimburse costs with revenue note proceeds under IRC section 1.150 -2, and calls for the YMCA to reimburse the City for costs incurred in connection with the project and the issuance of the notes. It is staff's recommendation that the City Council approve Resolution 06 -50 relating to the issuance of revenue notes for the benefit of YMCA of Greater Saint Paul. OPTIONS 1. Adopt Resolution 06 -50. 2. Refer to Staff for further review. 3. Deny Resolution 6 -50. RECOMMENDATION Option 1 A -3 • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 06 -50 AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF A REVENUE NOTE (YMCA PROJECT), SERIES 2006A AND A REVENUE NOTE (YMCA PROJECT), SERIES 2006B, IN THE AGGREGATE PRINCIPAL AMOUNT OF $4,000,000, FOR THE BENEFIT OF YMCA OF GREATER SAINT PAUL; PAYABLE SOLELY FROM REVENUES PLEDGED PURSUANT TO THE LOAN AGREEMENT AND FURTHER SECURED BY A MORTGAGE; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE NOTES, LOAN AGREEMENT, AND RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE NOTES WHEREAS, the City of Lino Lakes, Minnesota (the "Issuer" or the "City "), is a municipal corporation and political subdivision duly organized and existing under its Charter and the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes, Sections 469.152- 469.165, as amended (the "Act "), the Issuer is authorized to issue revenue obligations to finance improvements to land and buildings and capital equipment for the benefit of a revenue producing enterprise to be owned by a contracting party (as defined in the Act); and WHEREAS, the YMCA of Greater Saint Paul, a Minnesota nonprofit corporation (the "Borrower "), submitted an application to the Issuer requesting the issuance by the Issuer of revenue obligations pursuant to the Act, in the aggregate principal amount not to exceed $4,000,000, to finance the construction and equipping of an approximately 45,000 square foot recreational facility, which will include a teen center, gym, indoor lap swimming pool, leisure style zero -depth pool, cardiovascular /strength training area, aerobic studio, family program space, women's, men's and family locker rooms, and Kids Stuff childcare (the "Project ") to be constructed on land in the City, and to pay certain financing and issuance costs related to the revenue obligations; and WHEREAS, following the publication of a notice (the "Public Notice ") of a public hearing (in which a general, functional description of the Project was provided, as well as the maximum aggregate face amount of the obligations to be issued for the purposes referenced above, the identity of the initial owner, operator, or manager of the Project, and the location of the Project) in a newspaper circulating generally in the City, at least fourteen (14) days before a meeting of the Council of the Issuer on March 13, 2006, the Council of the Issuer conducted a public hearing at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the Project and the proposed issuance of such revenue obligations; and LinoLakesvC - 1 • • WHEREAS, the Borrower has requested that the Issuer issue revenue obligations to be designated the Revenue Note (YMCA Project), Series 2006A (the "Series 2006A Note "), in the original aggregate principal amount of $3,500,000 and the Revenue Note (YMCA Project), Series 2006B (the "Series 2006B Note," and together with the Series 2006A Note, the "Notes "), in the original aggregate principal amount of $500,000 and apply the proceeds of the Notes to finance the construction and equipping of the Project and to pay certain financing and issuance costs related to the Notes; and WHEREAS, the Notes are to be issued under the terms of this resolution and sold to Patriot Bank, a state banking association (the "Lender ") and the proceeds derived from the sale of the Notes are to be loaned to the Borrower pursuant to the terms of a Loan Agreement, to be dated on or after April 1, 2006 (the "Loan Agreement "), between the Issuer and the Borrower; and WHEREAS, from and after the date of issuance of the Notes, the proceeds of the Notes in the amount of $4,000,000 are to be disbursed to the Borrower in accordance with the terms of a Disbursing Agreement, to be dated on or after April 1, 2006 (the "Disbursing Agreement "), between the Issuer, Borrower, and the Lender, and a title insurance company selected by the Borrower and acceptable to the Lender, and applied to the payment of a portion of the costs of the construction and equipping of the Project, the payment of the costs of issuing the Notes, and the payment of financing costs with respect to the Notes; and WHEREAS, in consideration of the loan by the Issuer of the proceeds of the Notes to the Borrower and to secure the payment of the principal of, premium, if any, and interest on the Notes when due, the Borrower will provide certain security for the Notes in accordance with the terms and conditions of the Loan Agreement, including a Combination Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents, to be dated on or after April 1, 2006 (the "Mortgage ") between the Borrower, as mortgagor, and the Lender, as mortgagee; and WHEREAS, the loan repayments required to be made by the Borrower under the terms of the Loan Agreement will be assigned by the Issuer to the Lender under the terms of an Assignment of Loan Agreement, to be dated on or after April 1, 2006 (the "Assignment "), between the Issuer, the Lender, and the Borrower; and WHEREAS, the principal of, premium, if any, and interest on the Notes: (i) shall be payable solely from the revenues pledged therefor; (ii) shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against the general credit or taxing powers of the Issuer; and (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Issuer other than the Issuer's interest in the Loan Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER AS FOLLOWS: 1. The Issuer acknowledges, finds, determines, and declares that the issuance of the Notes is authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Notes and the other actions of the Issuer under the Loan Agreement and this resolution constitute a public purpose and are in the best interests of the City. LinoLakesvC - 2 • 2. For the purposes set forth above, there is hereby authorized the issuance, sale, and delivery of the Notes in one or more series in the approximate aggregate principal amount not to exceed $4,000,000. The Notes shall bear interest at rates designated by the terms of the Loan Agreement and the Notes, and shall be designated, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the Notes and the Loan Agreement, in the forms now on file with the Issuer, with the amendments referenced herein. The Issuer hereby authorizes the Notes to be issued as "tax- exempt bonds," the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. The issuance of the Notes is subject to the approval of the Project by the Minnesota Department of Employment and Economic Development ( "DEED "), as required by the Act. All of the provisions of the Notes, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Notes shall be substantially in the form now on file with the Issuer, which form is hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the name of the Notes, the aggregate principal amount of the Notes, the stated maturities of the Notes and the maturity dates of the Notes, the interest rates on the Notes, and the terms of optional and mandatory redemption of the Notes) as the Mayor and City Administrator of the Issuer (the "Mayor" and "City Administrator "), in their discretion, shall determine. The execution of the Notes with the manual or facsimile signatures of the Mayor and the City Administrator and the delivery of the Notes by the Issuer shall be conclusive evidence of such determination. 3. The Notes shall be a special limited obligation of the Issuer the proceeds of which shall be disbursed pursuant to the terms of the Loan Agreement and the Disbursing Agreement, and the principal, premium, and interest on the Notes shall be payable solely from the revenues derived from the Borrower pursuant to the terms of the Loan Agreement, and the security provided by the Borrower in accordance with the terms of the Loan Agreement, the Mortgage, and any other security granted by the Borrower to the Lender. 4. The Mayor and the City Administrator are hereby authorized and directed to execute and deliver the Loan Agreement, the Assignment, and the Disbursing Agreement. All of the provisions of the Loan Agreement, the Assignment, and the Disbursing Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Loan Agreement, the Assignment, and the Disbursing Agreement shall be substantially in the forms on file with the Issuer which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Administrator, in their discretion, shall determine, and the execution thereof by the Mayor and the City Administrator shall be conclusive evidence of such determination. 5. The proceeds of the Notes shall be disbursed in accordance with the terms of the Loan Agreement and Disbursing Agreement for the payment of the costs of the Project and related costs in accordance with the terms of the Loan Agreement and Disbursing Agreement. 6. The Lender is hereby appointed as Paying Agent and Registrar for the Notes. • 7. The Mayor and the City Administrator of the Issuer are hereby authorized to execute and deliver, on behalf of the Issuer, such other documents as are necessary or LinoLakesvC - 3 —131— • • appropriate in connection with the issuance, sale, and delivery of the Notes, including an Issuer's Tax Certificate, an Information Return for Tax - Exempt Private Activity Bond Issues, Form 8038, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Notes. The Issuer hereby approves the execution and delivery by the Lender of the Loan Agreement, the Assignment, the Disbursing Agreement, the Tax Exemption Agreement, to be dated on or after April 1, 2006, between the Borrower and the Lender, and all other instruments, certificates, and documents prepared in conjunction with the issuance of the Notes that require execution by the Lender. The Issuer hereby authorizes Kennedy & Graven, Chartered, as bond counsel of the Issuer, to prepare, execute, and deliver its approving legal opinion with respect to the Notes. 8. The Lender is hereby authorized to accept the Mortgage and all other security provided by the Borrower in order to secure payment of the Notes and is hereby authorized to take all actions necessary or appropriate under the terms of the Mortgage and such other security to ensure timely payment of the principal of, premium, if any, and interest on the Notes. 9. The Issuer has not participated in the preparation of any official statement or other disclosure document relating to the offer and sale of the Notes and the Issuer assumes no responsibility for the sufficiency, accuracy, or completeness of any information set forth in any such disclosure document. 10. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred and duties and liabilities imposed upon the Issuer or the Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the Issuer or by such members of the Council, or such officers, board, body, or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation, or agreement of any member of the Council of the Issuer, or any officer, agent, or employee of the Issuer in that person's individual capacity, and neither the Council of the Issuer nor any officer or employee executing the Notes shall be liable personally on the Notes or be subject to any personal liability or accountability by reason of the issuance thereof. 11. No provision, covenant, or agreement contained in the aforementioned documents, the Notes, or in any other document relating to the Notes, and no obligation therein or herein imposed upon the Issuer or the breach thereof, shall constitute or give rise to any pecuniary liability of the Issuer or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the Issuer has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement which are to be applied to the payment of the Notes, as provided in the terms of the Notes and the Loan Agreement. 12. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents, expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the Issuer or any holder of the Notes issued under the provisions of this resolution, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents, and all of their provisions being intended to be and being for the sole and exclusive benefit of the Issuer and any holders from time to time of the Notes issued under the provisions of this resolution. LinoLakesvC - 4 — fZ • • • 13. In case any one or more of the provisions of this resolution, other than the provisions contained in Sections 3 and 11 hereof, or of the aforementioned documents, or of the Notes issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Notes, but this resolution, the aforementioned documents, and the Notes shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 14. The Notes, when executed and delivered, shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Notes and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Notes, and to the execution of the aforementioned documents to happen, exist, and be performed precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. 15. The officers of the Issuer, bond counsel, other attorneys, engineers, and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Notes for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Notes, the aforementioned documents, and this resolution. In the event that for any reason the Mayor of the Issuer is unable to carry out the execution of any of the documents or other acts provided herein, any persons delegated the duties of the Mayor shall be authorized to act in the capacity of the Mayor and undertake such execution or acts on behalf of the Issuer with full force and effect, which execution or acts shall be valid and binding on the Issuer. If for any reason the City Administrator of the issuer is unable to execute and deliver the documents referred to in this resolution, such documents may be executed by any person delegated the duties of the City Administrator, with the same force and effect as if such documents were executed and delivered by the City Administrator of the Issuer. 16. The Issuer understands that the Borrower will pay the administrative fees of the Issuer and pay, or upon demand, reimburse the Issuer for payment of, any and all costs incurred by the Issuer in connection with the Project and the issuance of the Notes, whether or not the Notes are issued. 17. The Notes are hereby designated by the Issuer as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code "). With respect to the status of the Notes as qualified tax - exempt obligations, the Issuer hereby certifies that: (i) the reasonably anticipated amount of tax - exempt obligations (excluding private activity bonds other than qualified 501(c)(3) bonds and other than certain refunding bonds described in Section 265(b)(3) of the Code) which will be issued by the Issuer in 2006 does not exceed $10,000,000; and (ii) the Notes are qualified 501(c)(3) bonds. 18. The United States Department of the Treasury has promulgated Treasury Regulations, Section 1.150 -2 (the "Regulation "), governing the use of the proceeds of tax - exempt bonds, all or a portion of which are to be used to reimburse the Issuer or a borrower from the Issuer for project expenditures paid prior to the date of issuance of such bonds. The Regulation requires that the Issuer adopt a statement of official intent to reimburse an original expenditure not later than sixty (60) days after payment of the original expenditure. The Regulation also generally requires that the bonds be issued and the reimbursement allocation LinoLakesvC - • • • made from the proceeds of the bonds within eighteen (18) months after the later of: (i) the date the expenditure is paid; or (ii) the date the project is placed in service or abandoned, but in no event more than three (3) years after the date the expenditure is paid. The Regulation generally permits reimbursement of capital expenditures and costs of issuance of the bonds. The Issuer expects that a portion of the costs of the Project will be paid by the Borrower prior to the date of issuance of the Notes. The Issuer reasonably expects to reimburse the Borrower for such expenditures from the proceeds of the Notes on or after the date of issuance of the Notes. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Notes, or other expenditures eligible for reimbursement under Section 1.150- 2(d)(3) of the Regulation and also qualifying expenditures under the Act. 19. This resolution shall be in full force and effect from and after its passage. LinoLakesvC - 6 • 2006. Attest: Adopted by the Council of the City of Lino Lakes, Minnesota, this 13th day of March, CITY OF LINO LAKES, MINNESOTA By John Bergeson, Mayor By Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2006. 1111 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. LinoLakesvC - 7 13�C • AGENDA ITEM 6Ai STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: March 13, 2006 TOPIC: Resolution No. 06 - 44, Approving Plans and Specifications and Authorizing Advertisement for Bids, 2006 Sealcoat Project Vote Required: Simple Majority BACKGROUND: Each year the City maintains its streets by sealcoating. Sealcoating places a thin layer of oil and rock on the street to enhance the surface and prolong the useful life of the street. Candidate streets were selected based on recommendations from the Pavement Management Report, Public Works input, and feasibility of locations. This year, approximately 6 miles of streets will be sealcoated at an estimated total project cost of $130,000. City staff has prepared the plans and specifications for this work and is requesting Council approval to advertise for bids. The schedule for this project is as follows: Open Bids City Council Awards Contract Construction Begins April 12, 2006 April 24, 2006 June, 2006 OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 06 - 44, approving the plans and specifications and authorizing advertisement for bids for the 2006 Sealcoat project. 3. Not adopt Resolution Number 06 - 44. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 06 - 44 be adopted. -134- • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -44 RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS - 2006 SEALCOAT PROJECT WHEREAS, the City Engineer has prepared plans and specifications for the 2006 Sealcoat Project and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is on file at City Hall, are hereby approved. 2. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids for the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids will be received by the Clerk, at which time they will be publicly opened in the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on April 24, 2006, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th day of March, 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. - 135 - AGENDA ITEM 6Aii STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: March 13, 2006 TOPIC: Resolution No. 06 - 45, Approving Plans and Specifications and Authorizing Advertisement for Bids, 2006 Overlay Project Vote Required: Simple Majority BACKGROUND: In accordance with the Pavement Management Program, City staff has selected streets to be overlaid in 2006. Overlaying is a maintenance activity that includes patching of the existing street, followed by the placement of a bituminous wearing course over the entire surface. Candidate streets were selected based on recommendations from the Pavement Management Report, Public Works input, and feasibility of locations. An estimated total cost of $170,000 is to be allocated for this year's project. City staff has prepared the plans and specifications for this work and is requesting Council approval to advertise for bids. • The schedule for this project is as follows: Open Bids City Council Awards Contract Construction Begins April 12, 2006 April 24, 2006 June, 2006 OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 06 - 45, approving the plans and specifications and authorizing advertisement for bids for the 2006 Overlay Project. 3. Not adopt Resolution Number 06 - 45. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 06 - 45 be adopted. • • • • Council Member adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 06 -45 RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS - 2006 OVERLAY PROJECT WHEREAS, the City Engineer has prepared plans and specifications for Project and has presented such plans and specifications to the Council for 2006 Overlay NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF or approval; LAKES, MINNESOTA: THE CITY OF LINO 1. Such plans and specifications, a copy of which is on file at City Hall, are The City clerk shall prepare and cause to be inserted in the official e hereby approved. Construction Bulletin an advertisement for bids for the making of such improvement paper and in the such approved plans and specifications. The advertisement shall be publish shall specify the work to be done, shall state that bids will be received provement under time they will be publicly opened in the City Hall by the City Clerk and published for 3 weeks, tabulated, and will p be considered by the Council at 6:30 by the Clerk, that en which Council Chambers of the City Hall. Any bidder whose responsibility Engineer, will then be consideration of the bid will C be given an opportunity p m• sn April questioned in the consideratity. No bids wili be considered unless sea pessit ey io ncil o the during to address the Council on the issue of accompanied by a cash deposit, cashier's check, bid bond orlcertified check Clerk and Clerk for five (5) percent of the amount of such bid. payable to the John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th day of March, 2006. The motion for the adoption of the foregoing resolution was duly Member and upon vote being taken thereon, the following Council thereof: ng votee i favor in favor The following voted against same: Whereupon said resolution was declared duly passed and adopted. p d. • STAFF ORIGINATOR: CC MEETING DATE: TOPIC: • VOTE REQUIRED: AGENDA ITEM 6B Paul Bengtson March 13, 2006 2 °a Reading of Ordinance 02 -06 PUD Amendment — Legacy at Woods Edge Signage Criteria Resolution No. 06 -39 Summary of Ordinance 02 -06 for publication Ordinance : 4/5 (roll call required) Resolution: 3/5 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). The City Council approved the first reading of the Ordinance on February 27, 2006. Staff has also attached Resolution 06 -39 to this report as a summary of the ordinance for publication purposes. 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 2. Resolution 06 -39 — Summary of Ordinance 02 -06 for publication. • • Legacy Signage Criteria Page 2 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 ORDINANCE 04 -04. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: SECTION I. 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.1 E of the Lino Lakes zoning ordinance: 1. 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 are 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 1 Pnary at Woods Edge (Lino Lakes Town Center) as approved by Ordinance 04- -139 -. reby amended as follows: • • • Legacy Signage Criteria Page 3 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. John Bergeson, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th 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. • Legacy Signage Criteria Page 4 Exhibit A 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 -141- • • • Legacy Signage Criteria Page 5 Definition. Any free standing sign advertising an individual user within the project. Permits are required for the placement of any single user signage. 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 ways 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 acc - 14 2 - with the following requirements: • • • Legacy Signage Criteria Page 6 Multiple Tenant Buildings • 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. -143- • Legacy Signage Criteria Page 7 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. 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 busin-_ 144 -nust maintain a minimum of four feet of clear pedestrian passage at all times. Sandwich .nay include hand written messages as part of the • • Legacy Signage Criteria Page 8 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. 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 -145- • • Legacy Signage Criteria Page 9 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. 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. - 1 4 6 - Legacy Signage Criteria Page 10 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 - 14 7 - 17 DEVELOPMENT INTENSITY: COMMERCIAL/ MIXED L., . 19 Legacy Signage Criteria Page 11 COMMERCIAL SETBACK REQUIREMENTS 21 PARKING REQUIREMENTS: COMMERCIAL 28 RESIDENCE AND GARAGE SETBACKS 40 RESIDENTIAL OFF - STREET PARKING 44 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -39 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 02 -06 FOR PUBLICATION WHEREAS, the City Council approved Ordinance No. 02 -06, amending the Lino Lakes Town Center Design and Development Guide, on March 13, 2006; and WHEREAS, Ordinance No. 02 -06 is lengthy and MN statute 412.191 provides for a city to publish a summary of an ordinance, and WHEREAS, the City Council determines that the summary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall, NOW, THEREFORE BE IT RESOLVED THAT the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Passed by the Lino Lakes City Council this 13th day of March 2006. ATTEST: Julie Bartell, City Clerk John J. Bergeson, Mayor Adopted by the Lino Lakes City Council this 13th day of March, 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. - 1 4 8 - • Legacy Signage Criteria Page 12 • ATTACHMENT A, RESOLUTION 06 -39 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 02 -06 AMENDING ORDINANCE NO. 04 -04 AN ORDINANCE ESTABLISHING THE SIGNAGE CRITERIA TO BE INCLUDED IN THE DESIGN AND DEVELOPMENT STANDARDS FOR THE LINO LAKES TOWN CENTER IN THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA. Chapter 5 — Signage Criteria 5.1 Free Standing Signs — includes definitions and prohibitions; and requirements for placement, design, and setback of free standing signs within the project area. 5.2 Building Signs— includes definitions and prohibitions; and requirements for placement, design, and setback of building signs within the project area. 5.3 Temporary Signs— includes definitions and prohibitions for temporary signs within the project area. 5.4 Illumination— includes allowances and prohibitions for illumination of signage within the project area. 5.5 General Regulations — includes general regulations applicable to all signs within the project area. 5.6 Maintenance — includes regulations requiring upkeep of signage and the timely removal of signage within the project area. 5.7 Violation — establishes the city's procedures for enforcement of the signage criteria. Passed by the Lino Lakes City Council on March 13, 2006. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. • • AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala CITY COUNCIL MEETING DATE: March 13, 2006 TOPIC: Consideration of Resolution No. 06 -51, Approving Registered Land Survey, SE Quadrant of I -35E /Main Street Interchange. VOTE REQUIRED: Simple Majority BACKGROUND: On May 8, 2000 the City Council approved a Conditional Use Permit and Minor Subdivision to allow construction of the east branch of Lino Lakes State Bank, located in the Southeast Quadrant of the I -35E /Main Street Interchange adjacent to Otter Lake Road. The minor subdivision was required to create a new lot for the bank from the existing 30 plus acre parcel. The bank was constructed following City approval and has been in operation for the last five years. In August of 2005 the bank and Richard Schreier, the property owner, brought to our attention that the minor subdivision /lot split had never been recorded. Additionally, in February of 2006 staff was notified that a Registered Land Survey would be required to facilitate the lot split because the property is registered or "Torrens" property governed by Minnesota Statute, Chapter 508. RECOMMEDNATION The Registered Land Survey (R.L.S) submitted for approval creates two lots — Tract A and Tract B. Tract B represents the bank property as approved in May of 2000 by the City Council. Tract A represents the remainder of the property. The R.L.S. is in conformance with the original lot split approval with the exception of 52 x 543 strip along the north side of Tract A which was acquired by Anoka County for right -of -way purposes. Staff is recommending approval of Resolution No. 06 -51, Approving the Registered Land Survey. ATTACHMENTS 1. Resolution No. 06 -51 • 2. Registered Land Survey • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -51 RESOLUTION APPROVING A REGISTERED LAND SURVEY FOR THE SOUTHEAST QUADRANT OF I -35E /MAIN STREET INTERCHANGE (SOUTHWEST 1/4 OF THE NORTHWEST 1/4 , SECTION 24, T31,R22) WHEREAS, the City has received a request from Richard and Patricia Schreier for City approval of a Registered Land Survey (RLS); and WHEREAS, the City of Lino Lakes, approved the minor subdivision, represented in the RLS, on May 8, 2000, following a public hearing and in accordance with the provisions of the City's Subdivision Ordinance; and WHEREAS, the RLS has been prepared in conformance with the requirements of Minnesota Statutes, Chapter 508, in order to convey the parcel created by said minor subdivision approval WHEREAS, the RLS is in conformance with the minor subdivision approval previously granted by the City. 410 NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the Registered Land Survey attached hereto as Exhibit A. Passed by the Lino Lakes City Council this 13th day of March, 2006 John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 13th day of March, 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. • • • • v ....c.....,s s..7 I I ■ Isamain :arm., ..04 P03 0polop 0,000-, _ 1 .13IdOS OW 031131S19. .,•11 i 1 (gg fir,OX) NI,. Wm .• Z 'IC / ■ - - I -00-03r Ackg.1,173 -,' , & t' •Aftf?/%.:71:1',I,Vs--• L VIOSPORM ,DO/7 01,17 JO altl .1 JO 71.702 4110 III 1 4.i4.11. i.,;1 ., 0,••0 Var.s.slr .t. ..,,v:. . i. . 0.0, ..e00.e ., . .., -.... ,..„-- ..,1.7 oLV7 ,,, °03 Jr do t,,,...410 •wrfao.,..• P., e..... ....1Zrens onw17.0=7:1 `, V.-.91 ..14 1... O.,,A. • ',/ 0 ta to.1 ' - p,...., o.o Wed Win ..,': 1,•• t , p, ',? .1 Wax riutS ,0 WY ,r. 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