Loading...
HomeMy WebLinkAbout05/22/2006 Council PacketCITY OF LINO LAKES Monday, May 22, 2006 LIQUOR COMPLIANCE HEARING Council Chambers (not televised) 5:30 p.m. The hearing was called to order at 5:30 p.m. Council Member Stoltz was absent. Action Taken: Motion to find that compliance violations did occur was adopted on a unanimous vote CITY COUNCIL WORK SESSION Council Work Room (not televised) (to follow Liquor Compliance Hearing) The work session commenced at 5:45 p.m. Council Member Stoltz was absent. CITY COUNCIL MEETING Council Chambers 6:30 p.m. (Scheduled to be broadcast on Channel 16) Open Mike - Call to Order and Roll Call 6:30 p.m. — Council Member Stoltz absent - Pledge of Allegiance - Recognize Outgoing Advisory Board Members Mayor Bergeson recognized former Environmental Board members Rod Kukonen, Teresa O'Connell, Dennis Smith and Barbara Bauman - Setting the Agenda: Addition or deletion of agenda items Item 1B (the minutes of the May 1, 2006 work session) were removed from the agenda and will be placed on a future agenda 1. Consent Agenda - A) Consideration of Expenditures: i) May 22, 2006 (Check No. 76618 through 76736) in the amount of $342,670.56; ii) Centennial Fire District (Check No.15188 through 15207) in the amount of $32,151.21 .._ Pg 4 -16 Pg 17 C) Consider approval of May 8, 2006 Special City Council Meeting Pg 23a -b Minutes D) Consider approval of May 8, 2006 Regular City Council Meeting Pg 24 -26 Minutes E) Consider Birch Street Trail Project #2, Receive Plans and Specifications, Authorize Advertisement for Bids, Rick DeGardner F) Consideration of Resolution 06 -87, Approving Change Order No. 2 and Final Payment, 2005 Overlay Project, Jim Studenski G) Pine Glen Pg 27 -28 Pg 29 -35 i) Consideration of Resolution 06 -88, Authorizing Execution Pg 36 -49 of Development Agreement, Pine Glen Addition, Jim Studenski ii) Consideration of Resolution 06 -80, Approving the Final Plat Pg 50 -51 for Pine Glen, Paul Bengtson Action Taken: Carlson moved approval of the consent agenda, as amended to remove Item 1B; the motion was seconded by O'Donnell and passed unanimously (Stoltz absent) 2. Finance Department Report, Al Rolek A) Consider Resolution No. 06 -85 Providing for Issuance and Sale of $2,710,000 $2,470, 000 General Obligation Tax Abatement Bonds Series 2006A Action Taken: O'Donnell moved approval of Resolution 06 -85, as amended; the motion was seconded by Reinert and passed unanimously (Stoltz absent) B) Consider Resolution No. 06 -86 Providing for the Issuance and Sale of $570,000 General Obligation Utility Revenue Bonds Series 2006B Action Taken: Carlson moved approval of Resolution 06 -86, as amended; the motion was seconded by O'Donnell and passed unanimously (Stoltz absent) 3. Administration Department Report, Dan Tesch A) Liquor Compliance Violations: Consider Resolutions providing for a finding of violation and imposing penalties: i. Resolution 06 -81 regarding American Legion Post #566; Action Taken: Carlson moved approval of Resolution 06 -81; the motion was seconded by Reinert and passed unanimously (Stoltz absent) ii. Resolution 06 -82 regarding Circle Lex VFW Post #6583; Action Taken: O'Donnell moved approval of Resolution 06 -82; the motion was seconded by Reinert and passed unanimously (Stoltz absent) iii. Resolution 06 -83 regarding Miller's on Main Action Taken: Reinert moved approval of Resolution 06 -83; the motion was seconded by Carlson and passed unanimously (Stoltz absent) B) Liquor, Wine, Beer and Dance License Renewals: Consider Pg 96 -98 Resolution 06 -90 approving renewal of licenses for the 2006/2007 license period Action Taken: Reinert moved approval of Resolution 06 -90; the motion was seconded by O'Donnell and passed unanimously (Stoltz absent) C) Hiring Public Services Employee Pg 99 Action Taken: O'Donnell moved to approve a conditional offer of employment to Justin Williams; the motion was seconded by Carlson and passed unanimously (Stoltz absent) 4. Public Safety Department Report, Dave Pecchia A) Public Safety Annual Report to follow 5. Public Services Department Report, Rick DeGardner 6. Community Development Department Report, Michael Grochala A) Consideration of 2" Reading of Ordinance No. 07 -06 Amending Pg 100 -103 Ordinance No. 12 -05 (the 2006 fee schedule) by adding a Fee for Costs Related to the I -35E Corridor AUAR, Jeff Smyser roll call Action Taken: Reinert moved approval of the second reading and adoption of Ordinance No. 07 -06; the motion was seconded by Carlson and adopted on a roll call vote (4 yeas, 0 nays and Stoltz absent) B) PUBLIC HEARING: Consider Ordinance 06 -06, vacating a Pg 104 -107 portion of North Road and Sunrise Drive, Paul Bengtson roll call Action Taken: The public hearing was opened and there was no one present wishing to speak. Reinert moved to close the public hearing; the motion was seconded by O'Donnell and passed unanimously (Stoltz absent). Carlson moved approval of the first reading of Ordinance No. 06 -06; the motion was seconded by O'Donnell and adopted on a roll call vote (4 yeas, 0 nays and Stoltz absent) C) Consideration of Resolution No. 06 -75, Accepting Storm Water Pg 108 -109 Utility Feasibility Report, Michael Grochala Action Taken: Reinert moved approval of Resolution No. 06 -75; the motion was adopted on a voice vote. (Carlson voted no; Stoltz absent) D) Consideration of Resolution No. 06 -76, Approving Change Pg 110 -112 Order No. 1, Legacy at Woods Edge Phase 1 Street and Utility Improvements, Michael Grochala Action Taken: A motion to approve Resolution No. 06 -76 was seconded and passed unanimously (Stoltz absent) E) Lois Lane Utility Improvements i) Consideration of Resolution No. 06 -89, Declaring Costs Pg 113 -115 to be Assessed, Jim Studenski Action Taken: Reinert moved approval of Resolution No. 06 -89; the motion was seconded by O'Donnell and passed unanimously (Stoltz absent) ii) Consideration of Resolution No. 06 -91, Calling for Pg 116 -117 Hearing on Proposed Assessment, Jim Studenski Action Taken: Carlson moved approval of Resolution No. 06 -91; the motion was seconded by O'Donnell and passed unanimously (Stoltz absent) 7. Unfinished Business A) None. 8. New Business A) None. 9. Community Calendar, May 23, 2006 through June 12, 2006: A) Memorial Day, Monday, May 29, 2006, City Hall closed B) Special City Council Meeting with Park Board , Planning & Zoning Board, Environmental Board and Economic Development Advisory Committee, Wednesday, May 31, 2006, 6:30 p.m. C) Park Board Meeting, June 5, 2006, 6:30 p.m. 10. Adjourn Action Taken: O'Donnell moved to adjourn at 7:33 p.m.; the motion was seconded by Carlson and passed unanimously (Stoltz absent) • • • LIQUOR VIOLATIONS HEARING STAFF ORIGINATOR: Sgt. Bill Hammes MEETING DATE: May 22, 2006 TOPIC: Liquor Compliance Checks & Violations BACKGROUND The Police Department conducted liquor regulation compliance checks at all Lino Lakes' liquor establishments. On February 24, 2006, the following three establishments failed the compliance checks: American Legion Post #566 Circle -Lex VFW Miller's on Main Pursuant to city regulations, this hearing has been called to consider penalties for the compliance violations. Each of the above noted license holders have received the attached notice. The letter explains the purpose of the hearing and the process. At this hearing, it is requested that the council determine whether these establishments violated the Lino Lakes Code of Ordinances, Section 701 relating to Liquor Licensing (attached) and what, if any, action should be taken. Police Chief David Pecchia has reviewed this matter and directed staff to report with an overview of the police department's findings at the hearing. The police department is also including a Best Practices Grid, the city's adopted guide for consideration of penalties. RECOMMENDATION The three establishments mentioned above fall into the same category on the Best Practices Grid. Therefore, if the council determines individually that Miller's on Main, the American Legion, and the VFW have violated the Lino Lakes City Code, Section 701, staff would recommend imposing the following penalties for each. 1. $500 financial penalty 2. Require all employees who serve alcohol to attend server training. 3. Mandatory liquor code handbook to be available to all employees at all times. ATTACHMENTS 1. Notice of Hearing 2. Best Practices Grid 3. Section 701.10 of the City Code • • May 9, 2006 RE: Notice of Hearing to Consider Violation to the Lino Lakes Code of Ordinances Dear Liquor License Holder: This is to notify you that a hearing has been scheduled for May 22, 2006 at 5:30 p.m. before the Lino Lakes City Council to determine whether or not you have violated the Lino Lakes Code of Ordinances, Section 701 relating to Liquor Licensing, and what, if any, action shall be taken by the City Council. Please be advised that the hearing will be held in the Council Chambers at Lino Lakes City Hall (600 Town Center Parkway). It is alleged that on February 24, 2006 you violated Section 701 by selling alcohol to a person underage. Please be advised that Section 701 of the city code (enclosed) provides the council the authority to suspend or revoke any liquor license for a violation of any provision or condition of the chapter or any State law or regulation governing the sale of intoxicating liquor. You are free to attend the hearing but are not obligated to do so. If you do not attend, you will be advised of the City Council's action. Please feel free to contact me at 651- 982 -2406 with any questions. Enclosure cc: Police Chief David Pecchia City Attorney Sincerely, Julie Bartell City Clerk • • • Non -Best Practices Grid Best Practices Grid of license On -sale intoxicating liquor Off -sale intoxicating liquor 1' Violation $500 2"d Violation $500 On -sale beer and wine Off -sale 3.2 malt liquor $500 $1,000 0 5 days suspension, stayed $1,000 and 3 days suspension stayed $1,000 and 5 days suspension stayed_ $1,500 and 10 days suspension staved ra Violation Return to regular grid and off Best Practices for one year. Return to regular grid and off Best Practices for one year. Return to regular grid and off Best Practices for one year. Return to regular grid and off Best Practices for one year. 1St Violation 2thl Violation 3rd Violation 4th Violation On -sale intoxicating liquor $500 and 5 days suspension $1,000 and 10 days suspension $2,000 and 15 days suspension Revocation Off -sale intoxicating liquor $500 and 3 days suspension $1,000 and 7 days suspension $2,000 and 12 days suspension Revocation On -sale beer and wine $500 and 5 days suspension $1,000 and 10 days suspension $2,000 and 15 days suspension Revocation Off -sale 3. malt liquor $1,000 and 10 days suspension $1,500 and 20 days suspension $2,000 and 40 days suspension Revocation Best Practices Grid of license On -sale intoxicating liquor Off -sale intoxicating liquor 1' Violation $500 2"d Violation $500 On -sale beer and wine Off -sale 3.2 malt liquor $500 $1,000 0 5 days suspension, stayed $1,000 and 3 days suspension stayed $1,000 and 5 days suspension stayed_ $1,500 and 10 days suspension staved ra Violation Return to regular grid and off Best Practices for one year. Return to regular grid and off Best Practices for one year. Return to regular grid and off Best Practices for one year. Return to regular grid and off Best Practices for one year. • • 701.10 Revocation, Denial or Suspension. Subdivision 1. General. A license issued or to be issued by the City may be denied, suspended, or revoked by the City Council for any of the following causes: (a) Fraud, misrepresentation, or incorrect statement contained in the application for license, or made in carrying on the licenses activity. (b) Conviction of any crime, or misdemeanor, pertaining to license held or applied for, subject to the provisions of Minnesota Statutes, Chapter 364, as amended. (c) Conducting such licensed activity in such a manner as to constitute a breach of the peace, or a menace to the health, safety and welfare of the public, or a disturbance of the peace or comfort of the residents of the City, upon recommendation of the City health authorities or other appropriate City official. (d) Expiration or cancellation of any required bond or insurance, or failure to notify the City within a reasonable time of changes in the terms of the insurance or the carriers. (e) Actions unauthorized or beyond the scope of the license granted. (f) Violation of any regulation or provision of this Code applicable to the activity for which the license has been granted, or any regulation or law of the State so applicable. (g) Failure to continuously comply with all conditions as required as precedent to the approval of the license. Amended by Ordinance No. 13 -02, 10/28/02 Subd. 2. Notice. Except in the case of a suspension pending a hearing on revocation, ten days written notice of suspension or revocation shall be given to the licensee. Said notice shall contain the date, time, and place of the hearing as well as the nature of the charges against the license. Subd. 3. Suspension Pending a Hearing. The council may for cause, when in its judgment the public health, safety and welfare is endangered, and without advance notice, temporarily suspend any license pending a hearing on revocation for a period not to exceed thirty days. Amended by Ordinance No. 13 -02, 10/28/02 AGENDA ITEM lAi • EXPENDITURES MAY 22, 2006 • Date: 05/04/2006 Time: 14:24:06 Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 5405 - 5405 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000167 ST. CROIX BOAT & PACKET COMPANY 1 1,000.00 1,000.00 .00 .00 000256 DEEP ROCK WATER COMPANY 1 58.95 58.95 .00 .00 000286 HALVERSON, ADAM 1 229.95 229.95 .00 .00 000408 AFSCME COUNCIL #5 1 798.58 798.58 .00 .00 000420 ANOKA COUNTY 1 4,450.90 4,450.90 .00 .00 000489 TDS METROCOM 1 1,479.53 1,479.53 .00 .00 000593 BLACKBIRD, JIM 1 64.35 64.35 .00 .00 001550 ASSURANT EMPOLYEE BENEFITS 1 955.00 955.00 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 814.00 814.00 .00 .00 002330 LICHTSCHEIDL, DAVE 1 188.43 188.43 .00 .00 002694 AMERICAN MESSAGING 1 26.82 26.82 .00 .00 011111 MN CHILD SUPPORT PAYMENT CENTER 1 246.42 246.42 .00 .00 004059 SMYSER, JEFF 1 63.58 63.58 .00 .00 004842 BARTELL, JULIE 1 14.98 14.98 .00 .00 Grand Totals: 14 10,391.49 10,391.49 .00 .00* • Date: 05/12/2006 Time: 10:54:39 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 5414 - 5414 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000057 PREMIUM WATERS, INC. 1 35.10 35.10 .00 .00 000065 SCHARBER & SONS, INC. 2 238.14 238.14 .00 .00 000093 ACE SOLID WASTE, INC. 1 370.13 370.13 .00 .00 000095 ADVANCED GRAPHIX, INC. 1 226.85 226.85 .00 .00 000105 UNITED PARCEL SERVICE 1 72.27 72.27 .00 .00 000150 ANOKA COUNTY FINANCE DEPARTMENT 1 2,898.98 2,898.98 .00 .00 000157 ALL SEASONS RENTAL, INC. 2 163.42 163.42 .00 .00 000162 BARNA, GUZY & STEFFEN, LTD. 1 42.00 42.00 .00 .00 000169 EXPLORER POST 1 1,156.68 1,156.68 .00 .00 000170 HIRSHFIELD'S LATHROP PAINT 1 1,764.43 1,764.43 .00 .00 000173 LARSON AND LARSON EXCAVATING 1 18.85 18.85 .00 .00 0• W. W. GOETSCH ASSOCIATES, INC. 2 5,155.63 5,155.63 .00 .00 000177 MAIN FLORAL LTD, INC. 1 49.53 49.53 .00 .00 000178 MUTUAL SALES 1 511.04 511.04 .00 .00 000180 PULTE HOMES 1 150.80 150.80 .00 .00 000181 RODEN, TOM 1 100.05 100.05 .00 .00 000183 WOLTERS, BEVERLY 1 400.00 400.00 .00 .00 000194 AMERICAN EXCAVATING 1 350.00 350.00 .00 .00 000203 WINGFOOT COMMERCIAL TIRE SYSTEMS, LLC 1 219.04 219.04 .00 .00 000208 FASTENAL 1 152.69 152.69 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 3 61.80 61.80 .00 .00 000212 KLINE CORPORATION 1 5.00 5.00 .00 .00 • Date: 05/12/2006 Time: 10:54:40 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 2 Discount Vendor # Name # of items Net Gross Discount Lost 000239 SAFONOR, OLGA 1 42.00 42.00 .00 .00 000250 AMERICAN PLANNING ASSOCIATION 1 342.00 342.00 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 1 142.50 142.50 .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 169.61 169.61 .00 .00 000332 MCKINZIE METRO APPRAISAL 1 340.00 340.00 .00 .00 000347 MULTICARE ASSOCIATES 1 364.00 364.00 .00 .00 000370 CENTRAL COMMUINICATIONS 2 1,668.64 1,668.64 .00 .00 000421 ANOKA COUNTY TREASURER 1 496.55 496.55 .00 .00 000465 MN DEPT OF ADMIN /INTECH GROUP 1 37.00 37.00 .00 .00 000510 MENARDS 1 6.84 6.84 .00 .00 000541 ASPEN MILLS, INC. 1 1,663.72 1,663.72 .00 .00 000627 J. P. COOKE COMPANY, INC. 1 65.40 65.40 .00 .00 000649 MSTMA C/O RANDY BASTYR 1 65.00 65.00 .00 .00 000662 ELLIOT, LINDA 1 500.00 500.00 .00 .00 000679 RIGID HITCH, INC. 1 44.91 44.91 .00 .00 000682 APPLE TIME, INC. 1 423.21 423.21 .00 .00. 0f) BLAINE, CITY OF 1 25.00 25.00 .00 .00 000761 NATIONAL ASSOCIATION OF TOWN WATCH 1 690.50 690.50 .00 .00 000771 POWER PLAN 1 162.99 162.99 .00 .00 000810 BRAUER & ASSOCIATES, LTD. 1 2,398.12 2,398.12 .00 .00 000860 BROADWAY AWARDS, INC. 1 28.76 28.76 .00 .00 000863 MYERS TIRE - MINNEAPOLIS #28, INC. 1 19.14 . 19.14 .00 .00 000900 O'REILLY AUTOMOTIVE, INC. 1 687.54 687.54 .00 .00 000930 WILLIAM G. HAWKINS & ASSOCIATES 1 14,087.80 14,087.80 .00 .00 000946 C. P. OFFICE PRODUCTS 4 1,164.75 1,164.75 .00 .00 000970 VERIZON WIRELESS 1 42.90 42.90 .00 .00 001050 CENTENNIAL SCHOOLS 1 2,700.00 2,700.00 .00 .00 Date: 05/12/2006 Time: 10:54:40 Vendor # Name City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Discount # of items Net Gross Discount Lost 001095 DAHLGREN SHARDLOW AND UBAN, INC. 1 3,771.42 3,771.42 .00 .00 001101 CENTENNIAL LAKES POLICE DEPARTMENT 1 1,645.00 1,645.00 .00 .00 001187 CONNEXUS ENERGY 1 2,774.07 2,774.07 .00 .00 001193 INCODE -CMS, INC. 1 480.00 480.00 .00 .00 001260 ACCLAIM BENEFITS 1 154.50 154.50 .00 .00 001267 FAST BREAK CORNER MARKET, INC. 1 9.58 9.58 .00 .00 001270 DALCO, INC. 2 459.83 459.83 .00 .00 001292 DEHN OIL COMPANY, INC. 1 4,907.24 4,907.24 .00 .00 001310 MINNESOTA CHIEFS OF POLICE 2 220.00 220.00 .00 .00 001380 EARL ANDERSON ASSOCIATION, INC. 1 55.08 55.08 .00 .00 001458 FAIR'S NURSERY AND LANDSCAPING 1 12,780.00 12,780.00 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 1 138.27 138.27 .00 .00 001847 HIRSHFIELD'S PAINT MANUFACTURING,IN 1 491.23 491.23 .00 .00 001967 INTOXIMETERS, INC. 1 230.04 230.04 .00 .00 001971 INFRATECH TECHNOLOGIES, INC. 1 2,312.50 2,312.50 .00 .00 00199 BLAKE DRILLING COMPANY, INC. 1 1,932.00 1,932.00 .00 .00 0• LARSON ALLEN WEISHAIR & CO., LLP 1 20,000.00 20,000.00 .00 .00 002328 LEEF BROTHER, INC. 1 17.08 17.08 .00 .00 002340 IMAGE PRINTING & GRAPHICS, INC. 1 241.34 241.34 .00 .00 002522 DALCO ROOFING /SHEET METAL, INC. 1 484.20 484.20 .00 .00 002550 MENARDS, INC. 1 527.39 527.39 .00 .00 002570 METRO COUNCIL WASTEWATER SERVICES 1 75,452.70 75,452.70 .00 .00 002700 CENTERPOINT /MINNEGASCO, INC. 1 1,439.81 1,439.81 .00 .00 003123 NATURE CALLS, INC. 1 1,228.35 1,228.35 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 1 439.48 439.48 .00 .00 003250 XCEL ENERGY 1 266.64 266.64 .00 .00 003370 NYSTROM PUBLISHING COMPANY, INC. 1 6,088.27 6,088.27 .00 .00 • Date: 05/12/2006 Time: 10:54:40 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 4 Discount Vendor # Name # of items Net Grose Discount Lost 003465 VIKING ELECTRIC SUPPLY, INC. 2 76.96 76.96 .00 .00 003600 003617 003624 003789 003880 003900 003910 004070 004120 004239 004240 004350 004410 004416 004427 0• PRESS PUBLICATIONS, INC. 4 815.42 815.42 .00 .00 ANOKA COUNTY SHERIFF'S OFFICE 2 650.18 650.18 .00 .00 ENCOMM MIDWEST, INC. 1 49,190.83 49,190.83 .00 .00 RIVARD ELECTRIC COMPANY, INC. 1 779.00 779.00 .00 .00 SHORT - ELLIOTT - HENDRICKSON, INC. 1 44,627.13 44,627.13 .00 .00 SAFETY KLEEN CORPORATION, INC. 1 343.26 343.26 .00 .00 SAM'S CLUB, INC. 1 29.10 29.10 .00 .00 REED BUSINESS INFORMATION 2 390.08 390.08 .00 .00 ST. JOSEPH EQUIPMENT, INC. 1 536.48 536.48 .00 .00 STREGE, KENT 1 1,045.50 1,045.50 .00 .00 STREICHER'S, INC. 1 817.92 817.92 .00 .00 T.K.D.A. 1 21,292.06 21,292.06 .00 .00 THANE HAWKINS POLAR CHEVROLET, INC. 1 145.83 145.83 .00 .00 THOMPSON AND ASSOCIATES 1 375.00 375.00 .00 .00 TIMESAVER OFF -SITE SECRETARIAL, INC 2 459.00 459.00 .00 .00 TURF SUPPLIES, INC. 1 4,020.38 4,020.38 .00 .00 004540 TWIN CITY GARAGE DOOR CO., INC. 1 414.00 414.00 .00 .00 004560 U S BANK 1 10,194.56 10,194.56 .00 .00 004562 NATIONAL WATERWORKS, INC. 1 2,725.18 2,725.18 .00 .00 004606 U. S. BANK 1 1,035.00 1,035.00 .00 .00 004801 HOGLUND, MARY J. 1 5.00 5.00 .00 .00 004840 WINNICK SUPPLY, INC. 2 29.19 29.19 .00 .00 004842 BARTELL, JULIE 1 51.01 51.01 .00 .00 004880 ZACK'S INC. MUN. INDUS. SUP 1 117.32 117.32 .00 .00 006304 TBS OFFICE AUTOMATIONS, INC. 1 255.60 255.60 .00 .00 007153 SCHOEBERL, KAYLENE 1 25.00 25.00 .00 .00 • Date: 05/12/2006 Time: 10:54:40 City of Lino Lakes FM Entry - Invoice Journal Ven # Name Operator: JAL Page: 5 Discount # of items Net Gross Discount Lost 900224 NORTH COUNTRY BUILDERS 1 18.85 18.85 .00 .00 900330 BERBEE INFORMATION NETWORKS CORPORATION 3 10,746.90 10,746.90 .00 .00 Grand Totals: 126 332,279.07 332,279.07 .00 .00* • • Date: 05/12/2006 Time: 10:59:58 Operator: JAL • Ranges: Options: 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) 5407 - 5422 (A) (A) (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name 76618 0 0 0 0 0 0 76626 0 76628 0 0 0 0 �0 0 0 0 0 Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept Amount AFSCME COUNCIL #5 CENTENNIAL LAKES POLI DAHLGREN SHARDLOW AND FAIR'S NURSERY AND LAN HOGLUND, MARY J. KLINE CORPORATION PAYROLL WITHHOLDING C EAGLE BROOK OVERTIME HARDWOOD CREEK BOULEVARD TREES PROGRAM REC LICENSE /PERMIT LARSON AND LARSON EXCA LAW ENFORCEMENT LABOR METRO COUNCIL WASTEWA • CHILD SUPPORT PAYME NORTH COUNTRY BUILDER O'REILLY AUTOMOTIVE, PRESS PUBLICATIONS, I PULTE HOMES SAFONOR, OLGA SCHOEBERL, KAYLENE T.K.D.A. U S BANK WILLIAM G. HAWKINS REIMBURSE REIMBURSE REIMBURSE METER /TAX -718 PAYROLL WITHHOLDING AT JUNE SEWER /APRIIL SAC PR WITHHOLDING /TERRY MEC S REIMBURSE METER /TAX -355 I FILTERS /RACK- PINION /PUMP N PUBLIC HEARING REIMS 8 ON LAKOTA TR MET REIMBURSE PROGRAM REC REISSUE AP #75040 GENERAL ENGINEERING /MARC DROP -IN & A MUNICIPAL ATTORNEY Total for Dept ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** O LARSON ALLEN WEISHAIR FINANCIAL STATEMENTS /AUD PROGRAM Total for Dept 200 O CENTENNIAL SCHOOLS O U S BANK O MUTUAL SALES CENTENNIAL ARENA /MAR -MAY ADULT SP DROP -IN ADULT SP Total for Dept 202 KITES Total for Dept 205 0 IMAGE PRINTING & GRAPH PRINT FLYERS Total for Dept 208 0 BARTELL, JULIE 76622 BARTELL, JULIE • SPECIAL YOUTH SP SANDWICHES /WORK SESSION MAYOR /CO REIMBURSE FRAME & MAT MAYOR /CO 798.58 1,645.00 3,771.42 12,780.00 5.00 5.00 18.85 814.00 30,690.00 246.42 18.85 41.75 28.60 150.80 42.00 25.00 113.12 1,535.90 130.00 52,860.29* 400.00 400.00* 2,700.00 292.88 2,992.88* 511.04 511.04* 241.34 241.34* 51.01 14.98 Date: 05/12/2006 Time: 10:59:58 Operator: JAL III Check # Vendor Alpha Name Description Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Dept Amount 0 MAIN FLORAL LTD, INC. FLORAL ARRANGEMENT MAYOR /CO 49.53 O NYSTROM PUBLISHING COM CITY NEWSLETTER /POSTAGE MAYOR /CO 6,088.27 76630 ST. CROIX BOAT & PACKE DEPOSIT /EMPLOYEE RECOGNI MAYOR /CO 1,000.00 O TIMESAVER OFF -SITE SEC APR 24 MAYOR /CO 459.00 Total for Dept 401 7,662.79* 0 76621 0 0 0 0 0 ACCLAIM BENEFITS ASSURANT EMPOLYEE BENE BARNA, GUZY & STEFFEN, PREMIUM WATERS, INC. PRESS PUBLICATIONS, IN SAM'S CLUB, INC. U S BANK FLEXIBLE SPENDING ADMINI ADMINIST LONG TERM DISABILITY INS ADMINIST PROFESSIONAL SERVICES ADMINIST MONTHLY SERVICE /APRIL ADMINIST ADVERTISING GENERAL MAIN ADMINIST MEMBERSHIP ADMINIST DROP -IN ADMINIST Total for Dept 402 76621 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS SENIORS 76631 TDS METROCOM MONTHLY SERVICE /APRIL SENIORS Total for Dept 406 76621 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS FINANCE O LARSON ALLEN WEISHAIR FINANCIAL STATEMENTS /AUD FINANCE 0 U S BANK DROP -IN FINANCE Total for Dept 407 154.50 85.42 42.00 35.10 409.00 29.10 494.95 1,250.07* 4.81 53.16 57.97* 53.61 8,400.00 60.00 8,513.61* O WILLIAM G. HAWKINS & A MUNICIPAL ATTORNEY LEGAL CO 13,385.80 Total for Dept 414 13,385.80* 76621 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY 111110 U S BANK DROP -IN Total for Dept 415 INS ECONOMIC ECONOMIC O AMERICAN PLANNING ASSO MEMBERSHIP /JEFF S 76621 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS 0 BRAUER & ASSOCIATES, L CARLSON CONSERVATION PRO 76629 SMYSER, JEFF PARKING /MILEAGE /TRAINING Total for Dept 416 PLANNING PLANNING PLANNING PLANNING 14.34 80.45 94.79* 342.00 27.68 2,398.12 63.58 2,831.38* 0 T.K.D.A. GENERAL ENGINEERING /MARC ENGINEER 9,377.16 Total for Dept 417 9,377.16* 76621 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS COMM DEV Total for Dept 418 0 0 0 0 0 76621 0 • ADVANCED GRAPHIX, INC. ANOKA COUNTY FINANCE D ANOKA COUNTY SHERIFF'S APPLE TIME, INC. ASPEN MILLS, INC. ASSURANT EMPOLYEE BENE BROADWAY AWARDS, INC. DECALS /PAINTING 1ST QTR SHARED COST RANGE TIME GLOW BRACELETS UNIFORM SUPPLIES LONG TERM DISABILITY NAME PLATES /3 POLICE POLICE POLICE POLICE POLICE INS POLICE POLICE 40.90 40.90* 226.85 2,898.98 650.18 423.21 1,663.72 354.37 28.76 Date: 05/12/2006 Time: 10:59:58 Operator: JAL Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Ch k # Vendor Alpha Name 0 0 0 0 76625 0 0 0 0 0 0 0 0 76631 0 0 0 0 Description Dept Amount CENTRAL COMMUINICATION CONNEXUS ENERGY EXPLORER POST FAST BREAK CORNER MARK HALVERSON, ADAM INTOXIMETERS, INC. MINNESOTA CHIEFS OF PO MN DEPT OF ADMIN /INTEC MULTICARE ASSOCIATES NATIONAL ASSOCIATION 0 RODEN, TOM STREGE, KENT STREICHER'S, INC. TDS METROCOM THOMPSON AND ASSOCIATE U S BANK UNITED PARCEL SERVICE VERIZON WIRELESS INTERNET ACCESS MONTHLY SERVICE /APRIL REIMBURSE SUPPLIES /SHIRT CAR WASHES /2 REIMBURSE UNIFORM ALLOWA MOUTHPIECE REGISTRATION /KYLE L MARCH USAGE PHYSICAL EXAM SHIRTS /BALLOONS /BUTTONS/ REIMBURSE GUN RACKS REIMBURSE UNIFORM ALLOWA UNIFORM SUPPLIES MONTHLY SERVICE /APRIL PROFESSIONAL SERVICES DROP -IN DELIVERY SERVICE MONTHLY SERVICE /APRIL Total for Dept 420 POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE 76621 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS FIRE Total for Dept 421 76621 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS BUILDING Total for Dept 422 76619 AMERICAN MESSAGING MONTHLY SERVICE /MAY STREETS 0 ANOKA COUNTY TREASURER SIGNAL MAINTENANCE STREETS 6621 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS STREETS 23 BLACKBIRD, JIM REIMBURSE CLOTHING ALLOW STREETS 0 BLAKE DRILLING COMPANY DEWATER SYSTEM INSTALLED STREETS O CONNEXUS ENERGY MONTHLY SERVICE /APRIL STREETS O EARL ANDERSON ASSOCIAT STREET SIGNS STREETS 0 FRATTALLONE'S HARDWARE DECK SUPPLIES /ROPE /CLAMP STREETS 0 MENARDS, INC. STUD /REEL /BIT HOLDER /ANG STREETS 76631 TDS METROCOM MONTHLY SERVICE /APRIL STREETS O ZACK'S INC. MUN. INDUS GLOVES /WIRE /BROOM /HANDLE STREETS Total for Dept 430 0 76621 0 0 0 0 0 0 0 0 0 • AMERICAN FASTENER & SU ASSURANT EMPOLYEE BENE DEHN OIL COMPANY, INC. FACTORY MOTOR PARTS CO FRATTALLONE'S HARDWARE LEEF BROTHER, INC. MYERS TIRE - MINNEAPOL O'REILLY AUTOMOTIVE, I POWER PLAN RIGID HITCH, INC. SAFETY KLEEN CORPORATI CAP LONG TERM DISABILITY INS GASOHOL ROTOR PARTS DECK SUPPLIES /ROPE /CLAMP SHOP TOWELS VALVE FILTERS /RACK - PINION /PUMP RIB /REAR VIEW WARNING KIT FUEL SURCHARGE /SOLVENT FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET 1,668.64 21.31 1,156.68 9.58 229.95 230.04 220.00 37.00 364.00 690.50 100.05 1,045.50 817.92 747.43 375.00 2,524.62 72.27 42.90 16,599.46* 41.55 41.55* 51.63 51.63* 8.94 496.55 71.49 64.35 1,932.00 851.87 55.08 80.90 21.96 131.62 117.32 3,832.08* 61.80 13.96 4,907.24 439.48 5.10 17.08 19.14 645.79 162.99 44.91 343.26 Date: 05/12/2006 Time: 10:59:58 Operator: JAL Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Ch # Vendor Alpha Name Description Dept Amount 0 SCHARBER & SONS, INC. OIL FILTER FLEET 0 ST. JOSEPH EQUIPMENT, PUMP /COUPLING FLEET 0 THANE HAWKINS POLAR CH SHIELD /PLATE /LINING /GUAR FLEET 0 WINGFOOT COMMERCIAL TI STOCK FLEET Total for Dept 431 0 0 76620 76621 0 0 0 0 0 0 76624 0 0 0 0 76631 0 0 0 ACE SOLID WASTE, INC. AMERIPRIDE LINEN /APPAR ANOKA COUNTY ASSURANT EMPOLYEE BENE BERBEE INFORMATION NET C. P. OFFICE PRODUCTS CENTERPOINT /MINNEGASCO CONNEXUS ENERGY DALCO ROOFING /SHEET ME MONTHLY SERVICE /MAY GOVERNME MAT RENTAL GOVERNME PROPERTY TAX GOVERNME LONG TERM DISABILITY INS GOVERNME ADAPTOR /LICENSE GOVERNME TONER GOVERNME MONTHLY SERVICE /APRIL GOVERNME MONTHLY SERVICE /APRIL GOVERNME ROOF REPAIR GOVERNME DALCO, INC. CARPET POWDER /CAN LINERS DEEP ROCK WATER COMPAN MONTHLY SERVICE /APRIL INCODE -CMS, INC. INSTALL SOFTWARE J. P. COOKE COMPANY, I DATER MENARDS BOWL RING /SLEEVE RIVARD ELECTRIC COMPAN LAMP REPLACEMENT /UNDERGR TDS METROCOM MONTHLY SERVICE /APRIL TWIN CITY GARAGE DOOR PER CONTRACT U S BANK DROP -IN VIKING ELECTRIC SUPPLY SUPPLIES Total for Dept 432 GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME 76620 ANOKA COUNTY PROPERTY TAX PARKS � 7 621 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS PARKS 0 C. P. OFFICE PRODUCTS OFFICE SUPPLIES PARKS 0 CENTERPOINT /MINNEGASCO MONTHLY SERVICE /APRIL PARKS 0 CONNEXUS ENERGY MONTHLY SERVICE /APRIL PARKS 0 FRATTALLONE'S HARDWARE DECK SUPPLIES /ROPE /CLAMP PARKS 0 HIRSHFIELD'S LATHROP P FIELD LAZER PARKS 0 HIRSHFIELD'S PAINT MAN FIELD STRIPING PARKS 76627 LICHTSCHEIDL, DAVE REIMBURSE CLOTHING ALLOW PARKS 0 MENARDS, INC. STUD /REEL /BIT HOLDER /ANG PARKS 0 MSTMA C/O RANDY BASTYR SPORTS TURF REGIS /STEVE PARKS 0 NATURE CALLS, INC. PORTABLE RESTROOM RENTAL PARKS 0 TBS OFFICE AUTOMATIONS MAINTENANCE CONTRACT PARKS 76631 TDS METROCOM MONTHLY SERVICE /APRIL PARKS 0 TURF SUPPLIES, INC. GENERAL TURF PARKS Total for Dept 450 76621 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS RECREATI 0 BLAINE, CITY OF MEMBERSHIP /LIZ B RECREATI 0 TBS OFFICE AUTOMATIONS MAINTENANCE CONTRACT RECREATI Total for Dept 451 76621 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS ENVIRONM • 238.14 536.48 145.83 219.04 7,800.24* 370.13 169.61 4,161.79 9.61 10,746.90 1,119.13 642.78 846.36 484.20 459.83 58.95 480.00 65.40 6.84 779.00 366.55 414.00 4,569.60 76.96 25,827.64* 63.98 77.40 45.62 104.01 7.99 48.23 1,764.43 491.23 188.43 505.43 65.00 1,228.35 91.80 58.15 4,020.38 8,760.43* 36.33 25.00 163.80 225.13* 10.69 Date: 05/12/2006 Time: 10:59:56 Operator: JAL Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description Dept Amount Total for Dept 461 76621 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS SOLID WA 0 PRESS PUBLICATIONS, IN RECYCLING DAY SOLID WA Total for Dept 462 0 ALL SEASONS RENTAL, IN STUMP GRINDER RENTAL FORESTRY 76621 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS FORESTRY 0 ELLIOT, LINDA REIMBURSE OAK WILT FORESTRY 0 WOLTERS, BEVERLY REIMBURSE OAK WILT /7791 FORESTRY Total for Dept 463 10.69* 4.55 249.12 253.67* 117.93 5.31 500.00 400.00 1,023.24* U. S. BANK TRUSTEE 4210 APRIL -SEPTE DEBT SER 1,035.00 Total for Dept 470 1,035.00* 76619 AMERICAN MESSAGING MONTHLY SERVICE /MAY WATER 76621 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS WATER O CENTERPOINT /MINNEGASCO MONTHLY SERVICE /APRIL WATER O CONNEXUS ENERGY MONTHLY SERVICE /APRIL WATER 0 INSTRUMENTAL RESEARCH, WATER SAMPLES WATER 0 LARSON ALLEN WEISHAIR FINANCIAL STATEMENTS/ADD WATER 0 NATIONAL WATERWORKS, I METERS WATER 76631 TDS METROCOM MONTHLY SERVICE /APRIL WATER 0 WINNICK SUPPLY, INC. VALVE WATER Total for Dept 494 O ALL SEASONS RENTAL, IN SLIT SEEDER RENTAL SEWER 76619 AMERICAN MESSAGING MONTHLY SERVICE /MAY SEWER 620 ANOKA COUNTY PROPERTY TAX SEWER 21 ASSURANT EMPOLYEE BENE LONG TERM DISABILITY INS SEWER 0 CONNEXUS ENERGY MONTHLY SERVICE /APRIL SEWER 0 FRATTALLONE'S HARDWARE DECK SUPPLIES /ROPE /CLAMP SEWER 0 INFRATECH TECHNOLOGIES VAC CLEANING SEWER 0 LARSON ALLEN WEISHAIR FINANCIAL STATEMENTS /AUD SEWER 0 METRO COUNCIL WASTEWAT JUNE SEWER /APRIIL SAC SEWER 0 W. W. GOETSCH ASSOCIAT PARTS /SERVICE FOR PUMP SEWER 0 XCEL ENERGY MONTHLY SERVICE /APRIL SEWER Total for Dept 495 0 76620 0 0 0 0 0 0 0 0 0 • AMERICAN EXCAVATING ANOKA COUNTY ENCOMM MIDWEST, INC. FASTENAL , LARSON ALLEN WEISHAIR MCKINZIE METRO APPRAIS PRESS PUBLICATIONS, IN REED BUSINESS INFORMAT SHORT - ELLIOTT - HENDRICK T.K.D.A. U S BANK TREES REMOVED PROPERTY TAX CONTRACTOR /PUMPHOUSE #5 RAMSET FINANCIAL STATEMENTS /AUD APPRAISAL /HOLIDAY STATIO ADVERTISING FOR BIDS LEGAL AD /LOIS LANE 35W -LAKE DRIVE /APRIL GENERAL ENGINEERING /MARC DROP -IN OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER 13.41 25.67 693.02 686.15 142.50 2,600.00 2,725.18 122.62 29.19 7,037.74* 45.49 4.47 79.97 25.68 360.39 4.04 2,312.50 2,600.00 44,762.70 5,155.63 266.64 55,617.51* 350.00 145.16 49,190.83 152.69 6,000.00 340.00 128.70 390.08 44,627.13 11,801.78 636.16 Date: 05/12/2006 Time: 10:59:58 Operator: JAL Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills C # Vendor Alpha Name Description Dept Amount • • 0 WILLIAM G. HAWKINS & A MUNICIPAL ATTORNEY OTHER 572.00 Total for Dept 499 114,334.53* Grand Total 342,670.56* -16- AGENDA ITEM lAii Centennial Fire District Check Register 5/15/2006 • The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 5/12/2006 15188 5/12/2006 15189 5/12/2006 15190 5/12/2006 15191 5/12/2006 15192 5/12/2006 15193 5/12/2006 15194 5/12/2006 15195 5/12/2006 15196 5/12/2006 15197 5/12/2006 15198 5/12/2006 15199 5/12/2006 15200 5/12/2006 15201 5/12/2006 15202 5/12/2006 15203 5/12/2006 15204 5/12/2006 15205 5/12/2006 15206 5/12/2006 15207 • • Anoka County Central Communications Centennial Firefighters Relief Assn. Center Mart Comcast Frattallone's Hardware League of Minnesota Cities Loffler Business Systems McLeod USA Metrocall Milo Bennett Nextel Postmaster Qwest Randy D. Lauderbaugh Red Rooster Auto Stores Verizon Wireless Xcel Energy All Star Sports, Inc. Edward Ciriacy Valeriy Etal Burlakova Total ACCOUNT 42130 - Equipment Expense 20900 - Payroll Deductions Payable 42100 - Fuel and Lube 42180 - Office Supplies Expense 42110 - Other Maintenance 42140 - Insurance Expense 42180 - Office Supplies Expense 42240 - Telephone 42240 - Telephone 42220 - Travel, Conference, School 42240 - Telephone 42180 - Office Supplies Expense 42240 - Telephone 42220 - Travel, Conference, School 42130 - Equipment Expense 42240 - Telephone 42254 - Station 2 - Electric 45010 - Safety Camp Expense 46000 - Firewise Program Expense 46000 - Firewise Program Expense AMOUNT 671.58 1,060.00 155.13 95.00 79.55 27,022.00 18.53 363.72 95.51 21.98 237.38 189.00 107.14 170.00 18.33 76.16 520.63 897.75 249.68 102.14 32,151.21 CITY COUNCIL WORK SESSION MAY 1, 2006 DRAFT vein 1 2 CITY OF LINO LAKES 3 MINUTES 4 5 DATE : May 1, 2006 6 TIME STARTED : 5:36 p.m. 7 TIME ENDED : 12:40 a.m. 8 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, 9 Reinert (5:41 p.m.), Stoltz and Mayor 10 Bergeson 11 MEMBERS ABSENT : None 12 13 14 Staff members present: City Administrator, Gordon Heitke; Community Development 15 Director, Michael Grochala; Public Services Director, Rick DeGardner (part); 16 Community Development Coordinator, Mary Alice Divine (part); Finance Director, Al 17 Rolek; City Engineer, Jim Studenski (part); City Planner, Jeff Smyser (part); 18 Environmental Specialist, Marty Asleson (part); Deputy City Clerk, Jean Viger (part); 19 Police Sergeant, Bill Hammes (part); and City Clerk, Julianne Bartell 20 21 22 REGULAR AGENDA ITEMS 23 24 Item 1 G, Consider Resolution No. 06 -71, Approving Access Control System for City Hall 25 — It was requested that a process be developed relating to the management of the system. 26 27 Item 6B, Consideration of Resolution No. 06 -72, Approving a Conditional User Permit 28 Amendment for an addition to the Rehbein Transit Facility at 6298 Hodgson Road — A 29 copy of the original staff report from the CUP amendment in 1999 was requested. 30 31 Item 7A, Consider Approval of April 5, 2006, Special City Council Minutes — The 32 following bullet points were added to the list of outstanding issues: 33 34 • Lack of park areas within the development for all residents within Lino 35 Lakes 36 37 • Completion of Main Street to I -35E interchange 38 39 There were no other changes to the regular Council agenda. 40 41 42 BLUE HERON DAYS UPDATE, CHAD WAGNER 43 44 Mr. Chad Wagner, Miller's on Main, came forward and stated he would like to provide 45 the Council with an update on Blue Heron Days. He noted Blue Heron Days this year 46 will be held on August 18 -20. CITY COUNCIL WORK SESSION MAY 1, 2006 DRAFT Formatted: Centered 1 2 Mr. Wagner passed around a sponsorship form that will be going out this week. He 3 stated there is going to be a news flyer about the event that will be distributed with local 4 newspapers. He listed the proposed activities noting not everything had been finalized 5 yet. 6 7 Mr. Wagner asked the City Council if the City would be able to help financially with the 8 festival this year. 9 10 Council directed staff to prepare a memo regarding the City's involvement with the 11 festival last year. The Council will then discuss the City's possible involvement this year. 12 The memo will include the organizations and amount of City funds that was requested of 13 the Council last year. Also, information on what other communities do in terms of 14 involvement with community events. 15 16 HERON TASK FORCE UPDATE 17 18 Environmental Specialist Asleson advised the Peltier Lake Heron Rookery has been a 19 focus of study since June 14, 2000 when it was discovered that the Herons had abandoned 20 nests on the island. At that time the Heron colony was considered the second largest 21 colony in the Metropolitan area. A task force was formed to investigate reasons for nest 22 abandonment. 23 24 Mr. Andy Von Duyke, University of Minnesota, distributed a Summary Report 25 Management Activities for the Peltier Island Heronry during the 2004 and 2005 Field 26 Seasons. 27 28 Mr. Von Duyke also provided a power point presentation that included the Heron 29 background, Heron Rookery history on Peltier Lake, and potential causes of abandonment 30 in detail. 31 32 Mr. Von Duyke noted he has not yet viewed all the video obtained but does believe 33 1 predators are a large factor in the Heron nett abandonment. He indicated there are 34 nesting Herons on Peltier Island this year. 35 36 POMPS TIRE PROJECT UPDATE 37 38 City Administrator Heitke stated on April 24, 2006 residents adjacent to the Pomp's Tire 39 site attended the City Council work session to present their concerns regarding 40 construction activities and possible nonconformance with City ordinance requirements. 41 The City Council directed residents to meet with staff and the City Attorney to discuss the 42 issues. 43 44 City Administrator Heitke referred to a letter from the City Attorney regarding this issue. 45 The letter indicated the City Attorney sees no legal basis for taking any action against the 2 Deleted: x CITY COUNCIL WORK SESSION MAY 1, 2006 DRAFT 1 developer at this time. He noted staff has no recommendation regarding this issue at this 2 time. 3 4 Community Development Director Grochala advised staff has expressed concerns of the 5 neighbors with the developer. The developer has made some revisions to the landscaping 6 plan. He reviewed the revisions noting staff has not yet contacted neighbors about the 7 revisions. 8 9 Community Development Director Grochala advised the landscaping plan is subject to 10 review to make sure the 80% requirement has been met. The developer has also informed 11 all contractors to stop using public roadways to access the site. 12 13 Community Development Director Grochala explained the expansion of the pond behind 14 the berm area was done for engineering purposes. However, the work was done without 15 approval from the City. Staff is continuing to monitor the project. Grading activity 16 should be completed in approximately 8 weeks. Landscaping will be done in the last 17 phase of the project. 18 19 Community Development Director Grochala stated staff has been made aware of a 20 resident's problem with their well that coincided with the grading work. Staff is 21 consulting experts to address that issue. 22 23 Community Development Director Grochala advised at this point, the developer is 24 meeting the requirements of the ordinance and conditions of approval. 25 26 Mr. Jon Freimuth, 7381 Jon Avenue, passed around pictures of the site and expressed 27 concern about the steep drop off, drainage and lack of a 40 foot buffer. He showed what 28 his water filters used to look like before the project started and what they currently look 29 like. He stated he has tried to work with City about these issues but it seems that no one 30 is listening. 31 32 Mr. Bob King, 198 Marvy Street, stated that back when the property in question was 33 zoned, he was told a berm would be placed along the length of the property. He stated he 34 would like to make sure the berm gets put in place. 35 36 Ms. Cheryl Nickelson, 195 74th Street, inquired about the location of where the trees will 37 be planted. She expressed concern regarding the safety of children waiting for the bus 38 stop due to the slope and water level. 39 40 Community Development Director Grochala pointed out the location of the tree plantings 41 and indicated staff will follow up on the boulevard areas. 42 43 Council directed staff to follow up on safety concerns, water and well filter issues, 44 conditions of approval for Summit, a berm being placed along the entire property line and 3 CITY COUNCIL WORK SESSION MAY 1, 2006 DRAFT ( Formatted: Centered 1 road restrictions. An update will be provided for the Council at every work session until 2 all the issues are resolved. 3 4 MILLER'S CROSSROADS SHOPPING CENTER — CONDITIONAL USE 5 PERMIT FOR ACCESSORY DRIVE- THROUGH FACILITY AND 6 RESTAURANT OUTDOOR DINING FACILITIES 7 8 City Planner Smyser stated at the April 24 meeting, the City Council tabled consideration 9 of Resolution 06 -53, the CUP for outdoor seating and a drive through. The Council 10 decided to discuss it further at the work session May 1. 11 12 City Planner Smyser advised the Council discussion included the question of additional 13 screening as well as other issues. Staff learned that the residents' homeowners 14 association owns the townhome property: it is no longer under the developer's ownership 15 or control. However, the homeowners association is open to more plantings on the 16 property. The only ponding change is occurring for the retaining wall. Additionally, 17 there are other uses for a drive through on that site. However, parking is restricted on the 18 site so that does limit what type of business would go in there. 19 20 City Planner Smyser advised Findings of Fact would have to be noted if the Council 21 denies the application. 22 23 Mr. Greg Schlenk, Miller's Crossroads, came forward and addressed the issues of the 24 Council. He advised the developer does not want a CUP that does not include both the 25 outdoor dining and drive through. He stated he does not believe more traffic would be 26 generated from a coffee shop as opposed to a day care center. He also stated he believes 27 the project is compatible with the townhomes in the area. He noted the intent was to keep 28 this site commercial. All requirements have been met and the project has gone through 29 the City process. There have been no neighbor objections. The developer would like to 30 make the site viable. 31 32 Mr. Peter Hilliger, architect for the project, stated the developer believed four years ago 33 that a day care was a viable use. Nobody will touch that site for a day care because the - {Deleted with 34 demographics do not support it. None of the neighbors are objecting to the plan. The 35 landscaping plan has gone well beyond what is typically required. 36 37 The Council requested the following information: 38 39 1. The minutes or resolution from the original PUD 40 2. Copies of the ponding information that is legible 41 3. A legal opinion about the Findings of Fact 42 4. Information about separating the CUP for the patio and drive through 43 5. Information about the 80% screening requirement on three sides of the site 44 45 This item will appear on the regular Council agenda Monday, May 8, 2006, 6:30 p.m. CITY COUNCIL WORK SESSION MAY 1, 2006 DRAFT 1 2 Mayor Bergeson called for a short break at 9:55 p.m. 3 4 Mayor Bergeson reconvened the meeting at 10:12 p.m. 5 6 STORM WATER UTILITY UPDATE 7 8 Community Development Director Grochala stated on January 9, 2006 the City Council 9 authorized the preparation of a Storm Water Utility Feasibility Study. Short, Elliott, 10 Hendrickson Inc., (SEH) has completed a draft of the study for Council review. 11 12 Mr. Andy Lamberson, SEH, came forward and provided a power point presentation 13 relating to the draft Storm Water Utility Feasibility Study that was recently completed. 14 He noted creating a storm water utility is one tool used to fund storm water related costs. 15 16 Mr. Lamberson reviewed the principles and benefits of a storm water utility noting 17 charges are based on the amount of run off generated. The charges are proposed to be 18 based on storm water costs. 19 20 Mr. Lamberson also reviewed a proposed project time line indicating community 21 awareness is key in the process. 22 23 This item will appear on the regular Council agenda Monday, May 8, 2006, 6:30 p.m. 24 25 CHARTER COMMISSION CORRESPONDENCE 26 27 City Clerk Bartell referred to a letter from the chairperson of the Charter Commission 28 requesting an extension of 90 days in order to study the options regarding the process for 29 adopting the proposed charter amendment. The letter also requested an opinion from the 30 City Attorney regarding whether an amendment agreed upon by the Council and the 31 Charter Commission may be ratified without presentation on the ballot. 32 33 City Clerk Bartell reviewed the letter from the City Attorney regarding this issue. The 34 Council should have a recommendation from the Charter Commission after their July 13 35 meeting. 36 37 Mr. Bob Bening, Charter Commission Member, came forward and expressed concern that 38 the voters may not be able to vote on the proposed amendment. He stated he believes it is 39 important enough to be on the ballot. He asked if the amendment could still be placed on 40 the ballot if the City Council votes it down. 41 42 The Council directed staff to obtain an opinion regarding this issue from the City 43 Attorney. The Council also expressed their desire for the Charter Commission to 44 expedite their recommendation so the proposed amendment could be on this year's ballot, 45 if the Council so chooses. 5 Formatted: Centered CITY COUNCIL WORK SESSION MAY 1, 2006 DRAFT r Formatted centered 1 2 Ms. Caroline Dahl, Charter Commission Member, came forward and noted a letter from 3 the chairperson of the Charter Commission regarding the Five Year Plan. 4 5 RETREAT ISSUES UPDATE 6 7 Communications Plan — Community Development Coordinator Divine stated during 8 this year's City Council retreat it was recognized that the Council must effectively and 9 persistently communicate to the citizens of Lino Lakes on the issues the Council is 10 addressing, the actions it has taken, and the directions that it is pursuing as a result of the 11 actions. 12 13 Community Development Coordinator Divine stated the Council directed staff to prepare 14 and submit, with the assistance of Councilmember Reinert and Councilmember Carlson, 15 a communications process to be used by the City and the City Council to communication 16 with citizens. 17 18 Community Development Coordinator Divine reviewed a draft of the communications 19 process and asked for Council feedback and suggestions. 20 21 Suggestions to the process included staff members presenting good news reports at 22 Council meetings, the addition of the words respectful or professions within the Image 23 statement, and the addition of a calendar. The word "all" was dropped from the Official 24 Spokesperson paragraph and the title "Spokesperson" will be changed. 25 26 Financial Analysis Progress — Finance Director Rolek advised staff is in the process of 27 1 working with the City's financial advisors, Springsted, Inc., and the City's independent 28 auditor to formulate the financial analysis and to develop necessary financing an policy 29 recommendations, per Council direction during the February 20, 2006 Council retreat. 30 31 Finance Director Rolek stated staff is anticipating asking the Council on May 22 to set a 32 special work session within the first two weeks of June to review the results of this 33 analysis. This time frame will dovetail into the preparation for the 2007 Annual Budget 34 and the 2007 — 2011 Five Year Financial Plan. 35 36 I -35W INTERCHANGE/LAKE DRIVE IMPROVEMENTS 37 38 Community Development Director Grochala stated the improvement of the I -35W /Lake 39 Drive interchange has been a priority for the City over the last ten years. However, the 40 project has not been successful in obtaining the necessary funding. As such the City 41 proposed interim improvements to Lake Drive as part of the Legacy at Woods Edge 42 development. 43 44 Community Development Director Grochala stated that given the existing transportation 45 funding constraints and the limited useful life of the interim improvements the City CITY COUNCIL WORK SESSION MAY 1, 2006 DRAFT 1 entered into a Joint Powers Agreement with Anoka County to pursue design of the 2 ultimate interchange project. The interchange improvement was based on the premise 3 that City funding identified for the interim improvements would be better spent on 4 completing the ultimate project. 5 6 The City has now reached a critical point in terms of which project the City should 7 proceed with. Final design is nearly complete for both the interim and ultimate designs. 8 In general, Mn/DOT, Anoka County and City staff is in agreement that the interim 9 improvements, while an improvement over existing conditions, are less than desirable. 10 Additionally, the existing cooperative agreement dollars from Mn/DOT expire at the end 11 of State Fiscal year 2007 (July 1, 2007). The latest interchange cost is estimated at 12 approximately $9.1 million dollars. The existing proposed funding sources are as follows: 13 14 Lino Lakes $2,500,000 15 Anoka County $3,700,000 16 Mn/DOT Coop Agreement $ 400,000 17 Mn/DOT In Kind Contract Administration $ 400,000 18 19 Total Identified Funding $7,000,000 20 21 Community Development Director Grochala stated staff has attempted to identify 22 addition (non property tax) City funding to cover the gap based on several premises. The 23 City does have the ability and capacity to use Municipal State Aid Street dollars for the 24 I project. Staff has met, with Mn/DOT's Municipal State Aid Engineer and completed a 25 preliminary financial review. At this time it appears that this is a viable option for the 26 City to pursue. However, the use of these funds would temporarily delay new 27 improvements to the City's state aid system. At this time the only proposed project that 28 would potentially be delayed is the Holly Drive Phase II reconstruction from Holly Court 29 to County Road J. 30 31 Community Development Director Grochala stated that if the City Council determines 32 that the use of Municipal State Aid funding is a viable option for the interchange 33 improvements, staff would continue to purse additional funding for the interchange to off 34 set these expenditures. He reviewed additional funding options that could be pursued. 35 36 Community Development Director Grochala advised a decision on which project to 37 pursue is time critical. Based on the existing funding and development of Woods Edge a 38 project will need to be constructed in 2007. Additionally, the scope of the project will 39 impact the right -of -way acquisition process. 40 41 The majority of the Council indicated support for the ultimate interchange project as 42 opposed to the interim improvements. 43 44 21sT AVENUE STREET EXTENSION (JPA WITH CENTERVILLE) 45 7 Formatted: Centered Deleted: lid CITY COUNCIL WORK SESSION MAY 1, 2006 DR.aI+ "I. Formatted: Centered 1 Community Development Director Grochala updated the Council on the 21St 2 Avenue/Backage road improvements project with the City of Centerville. He advised 3 there is no Council direction required at this time. Staff is anticipating bringing forward 4 the executed Petition and Waiver agreement and the Joint Powers Agreement to the City 5 Council for consideration at the May 8, 2006 meeting. 6 7 Council requested information on eminent domain in relation to this project. 8 9 JOINT COUNCIL MEETING 10 11 A joint City Council /Advisory Board meeting was scheduled for Wednesday, May 31, 12 6:30 p.m. 13 14 15 The meeting was adjourned at 12:40 a.m. 16 17 These minutes were considered, corrected and approved at the regular Council meeting held on 18 May 22, 2006. 19 20 21 22 Julianne Bartell, City Clerk John Bergeson, Mayor 23 24 Transcribed by: 25 Kim Points 26 TimeSaver Off Site Secretarial, Inc. 27 SPECIAL COUNCIL MEETING MAY 8, 2006 DRAFT Formatted: Centered 1 2 CITY OF LINO LAKES 3 1VIINUTES 4 5 DATE : May 8, 2006 . 6 TIME STARTED TIME 6:15 p.m.. 7 ENDED MEMBERS 6:25 p.m. 8 PRESENT Councilmember Carlson, O'Donnell, Reinert, 9 Stoltz and Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 13 Staff members present: City Administrator, Gordon Heitke; Director of Administration, 14 Dan Tesch 15 16 DISCUSSION OF PERSONNEL POLICY 17 18 Mayor Bergeson advised the purpose of the special meeting is to discuss a personnel 19 policy. 20 21 Director of Administration Tesch advised a member of the Public Safety Department and 22 member of the National Guard has recently reported for Active Duty as part of the war in 23 Iraq. She expects an 18 month deployment. 24 25 Director of Administration Tesch stated the State of Minnesota requires employers to 26 make allowance for members of the National Guard to participate in training activities. In 27 addition, the City has provisions in its personnel policy that go over and above State 28 requirements. That is to say the City makes up the difference between their military pay 29 and City wages. 30 31 Director of Administration Tesch referred to Section 207.20 regarding Military Leave. He 32 noted in 2002, this employee participated in an extended training period and the City 33 made up the difference between her military pay and City wages. The difference this time 34 however, is she is on Active Duty and the City's policy only addresses military training 35 activities. 36 37 Director of Administration Tesch advised staff has discussed this situation at length and 38 recommend that payments to this employee be continued for this deployment as the 39 practice has begun. In addition however, staff recommends that Section 207.20 of the 40 Personnel Policy be amended to clearly note that pay differentials do not apply to Active 41 Military Service. 42 43 Councilmember Reinert moved to handle the leave as presented by staff noting this is an 44 isolated incident and this action does not set a precedent for the future. Councilmember t.l)eleted: c1g 45 Stoltz seconded the motion. Motion carried unanimously. SPECIAL COUNCIL MEETING MAY 8, 2006 DRAFT 2 The meeting was adjourned at 6:25 p.m. 3 4 These minutes were considered, corrected and approved at the regular Council meeting held on 5May 22, 2006. 6 7 8 9 Julianne Bartell, City Clerk John Bergeson, Mayor 10 11 Transcribed by: 12 Kim Points 13 TimeSaver Off Site Secretarial, Inc. 14 Formatted, Centered SPECIAL COUNCIL MEETING MAY 8, 2006 1)RAF1 1 2 CITY OF LINO LAKES 3 MINUTES 4 5 DATE : May 8, 2006 6 TIME STARTED : 6:15 p.m. 7 TIME ENDED : 6:25 p.m. 8 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert, 9 Stoltz and Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 13 Staff members present: City Administrator, Gordon Heitke; Director of Administration, 14 Dan Tesch 15 16 DISCUSSION OF PERSONNEL POLICY 17 18 Mayor Bergeson advised the purpose of the special meeting is to discuss a personnel 19 policy. 20 21 Director of Administration Tesch advised a member of the Public Safety Department and 22 member of the National Guard has recently reported for Active Duty as part of the war in 23 Iraq. She expects an 18 month deployment. 24 25 Director of Administration Tesch stated the State of Minnesota requires employers to 26 make allowance for members of the National Guard to participate in training activities. 27 In addition, the City has provisions in its personnel policy that go over and above State 28 requirements. That is to say the City makes up the difference between their military pay 29 and City wages. 30 31 Director of Administration Tesch referred to Section 207.20 regarding Military Leave. 32 He noted in 2002, this employee participated in an extended training period and the City 33 made up the difference between her military pay and City wages. The difference this time 34 however, is she is on Active Duty and the City's policy only addresses military training 35 activities. 36 37 Director of Administration Tesch advised staff has discussed this situation at length and 38 recommend that payments to this employee be continued for this deployment as the 39 practice has begun. In addition however, staff recommends that Section 207.20 of the 40 Personnel Policy be amended to clearly note that pay differentials do not apply to Active 41 Military Service. 42 43 Councilmember Reinert moved to handle the leave as presented by staff noting this is an 44 1 isolated incident and this action does not set a precedent for the future. Councilmember 45 Stoltz seconded the motion. Motion carried unanimously. 4 Formatted: Centered SPECIAL COUNCIL MEETING MAY 8, 2006 DRAFT 1 2 The meeting was adjourned at 6:25 p.m. 3 4 These minutes were considered, corrected and approved at the regular Council meeting held on 5 May 22, 2006. 6 7 8 9 Julianne Bartell, City Clerk John Bergeson, Mayor 10 11 Transcribed by: 12 Kim Points 13 TimeSaver Off Site Secretarial, Inc. 14 • 2 • Formatted: Centered COUNCIL MINUTES MAY 8, 2006 DRAFT CITY OF LINO LAKES MINUTES DATE : May 8, 2006 TIME STARTED : 6:33 p.m. TIME ENDED : 7:15p.m. MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert, Stoltz and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Administrator, Gordon Heitke; City Attorney, Bill Hawkins; Director of Administration, Dan Tesch (part); City Planner, Jeff Smyser; Community Development Director, Michael Grochala; City Engineer, Jim Studenski; Associate Planner, Paul Bengtson; Deputy City Clerk, Jean Viger; Police Sergeant, Bill Hammes (part); and City Clerk, Julianne Bartell OPEN MIKE No one was present for open mike. SETTING THE AGENDA Item 3C, Appointment of Acting Sergeant — this item was removed from the agenda. Item 6A, Consideration of Resolution No. 06 -75, Accepting Storm Water Utility Feasibility Report — this item was removed from the agenda. Item 6D, Consideration of Resolution No. 06 -53, Conditional User Permit for Accessory Drive Through Facility and Restaurant Outdoor Dining Facilities, Millers Crossroads Shopping Center — this item was removed from the agenda. Item 6F, Consideration of Resolution No. 06 -76, Approving Change Order No. 1, Legacy at Woods Edge Phase 1 Street and Utility Improvements — this item was removed from the agenda. Item 1G, Consider Resolution No. 06 -71, Approving Access Control System for City Hall — this item was moved to Item 8A under New Business. The agenda was approved as amended. CONSENT AGENDA Councilmember Stoltz moved to approve the Consent Agenda, as amended. Councilmember Carlson seconded the motion. Motion carried unanimously. ITEM ACTION 1 Formatted: Centered COUNCIL MINUTES MAY 8, 2006 DRAFT Consideration of Expenditures: May 8, 2006 (Check No. 76506 — 76617, $451,284.19) Centennial fire District (Check No. 15177 — 15187, $58,563) Approval of April 10, 2006 City Council Meeting Minutes Approval of April 10, 2006 Council Work Session Minutes Approval of April 24, 2006 Board of Review Minutes Approval of April 24, 2006 City Council Meeting Minutes Approval of April 24, 2006 Council Work Session Minutes Resolution No. 06 -74, Approving Annual Fireworks Permit for Sale of Consumer Fireworks at Lino Lakes Quik Stop, 6501 Ware Road Approved Approved Approved Approved Approved Approved Approved Approved FINANCE DEPARTMENT REPORT, AL ROLEK There was no report from the Finance Department. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Resolution No. 06 -64, Addition of New Voting Precinct in the City of Lino Lakes, Jean Viger — Deputy City Clerk Viger stated residential growth in the City has created a need for an additional precinct. Precincts are not tied to population size. However, precincts sized much beyond 2000 registered voters can become unwieldy for election administration purposes. Staff is recommending the City Council consider adding a 7th precinct. Deputy City Clerk Viger referred to a map pointing out the new boundaries. The boundary changes shall not take effect until notice has been posed in the municipal clerk's office for at least 60 days. 2 Formatted: Centered COUNCIL MINUTES MAY 8, 2006 DRAFT Councilmember O'Donnell moved to approve Resolution No. 06 -64, as presented. Councilmember Reinert seconded the motion. Motion carried unanimously. Resolution No. 06 -65, Establishing an Absentee Ballot Board in the City of Lino Lakes, Jean Viger — Deputy City Clerk Viger advised the City of Lino Lakes receives hundreds of absentee ballots each election and every absentee ballot must be accepted or rejected based on the criteria set forth by Minnesota election law. Establishing an Absentee Ballot Board is an excellent way to improve the processing of absentee ballots with less chance for error as well as easing the responsibility of the election judges on Election Day. Deputy Clerk Viger stated Anoka County is willing to aid in facilitating the Absentee Ballot Board for the state elections if every city, township and school board is willing to authorize the Board through official action. Councilmember Carlson moved to approve Resolution No. 06 -65, as presented. Councilmember O'Donnell seconded the motion. Motion carried unanimously. Consider Resignation of Officer Cliff Ross — Director of Administration Tesch advised Officer Ross has informed the City he will begin a long awaited retirement effective June 23, 2006. Mayor Bergeson moved to accept the resignation of Officer Ross with much thanks. Councilmember Reinert seconded the motion. Motion carried unanimously. Consider Granting Military Leave for Melissa Hagert, Public Safety Department — Director of Administration Tesch advised Melissa Hagert with the Public Safety Department has informed the City that her National Guard Unit has been deployed to Iraq. Because she will be gone longer than the normal leave of absence allows, the Council needs to grant an official military leave. Ms. Hagert has requested an eighteen month military leave. Councilmember Stoltz moved to approve a military leave for Melissa Hagert, as presented. Councilmember Carlson seconded the motion. Motion carried unanimously. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA Announcement and Approval of Proclamation in Support of Designating May 14 to May 20, 2006 as Police Week, and May 15 as Peace Officer's Memorial Day in the City of Lino Lakes, Dave Pecchia — Sergeant Bill Hammes advised staff is requesting that the City Council acknowledge and read the Proclamation for Police Week 2006 in support of designating May 14 to May 20, 2006 as Police Week, and May 15 as Peace Officer's Memorial Day in the City of Lino Lakes. Mayor Bergeson read Proclamation Police Week 2006. (See Proclamations Book in the Cit:v Clerk's Office) Councilmember Reinert moved to approve and support Proclamation Police Week 2006, designating May 14 to May 20, 2006 as Police Week, and May 15th as Peace Officer's Memorial Day, and 3 Formatted: Centered COUNCIL MINUTES MAY 8, 2006 DRAFT remembering Officer Shaun Silvera. Councilmember O'Donnell seconded the motion. Motion carried unanimously. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER There was no report from the Public Service Department. COMMUNITY DEVELOPMENT DEPARTMENT REPORT Consideration of Resolution No. 06 -72, Approving a Conditional Use Permit for an Addition to the Rehbein Transit Facility at 6298 Hodgson Road, Paul Bengtson — Associate Planner Bengtson stated Rehbein Transportation is proposing an 8 foot x 100 foot awning addition to the north side of the existing facilities at 6298 Hodgson Road. The Rehbein property is covered by a conditional use permit for the existing bus transit center. Building additions such as those proposed in the application require an amendment to the Conditional Use Permit. Associate Planner Bengtson reviewed the staff analysis of the request noting the Planning and Zoning Board recommended approval subject to five conditions. Mr. Rick Rehbein came forward and stated the reason for the request if for storage of an oil tank. Councilmember Carlson moved to approve Resolution No. 06 -72, as presented. Councilmember Stoltz seconded the motion. Motion carried unanimously. Consideration of Resolution No. 06 -73, Approving a Conditional User Permit for a Dog Kennel at 7933 24th Avenue, Paul Bengtson — Associate Planner Bengtson advised Linda Ide has requested approval of a Conditional Use Permit to allow a dog kennel at 7933 24th Avenue. This application is required due to the current animal ordinance, which limits the number of dogs kept on this property. The regular limit for a property is two dogs; to exceed that number it requires a Conditional Use Permit and a Dog Kennel License. Associate Planner Bengtson reviewed the staff analysis of the request,notinn the Planning and Zoning Board ultimately recommended approval of the request subject to five conditions. Since that time staff has amended some o the conditions and added conditions to include nine total conditions of approval. Councilmember O'Donnell moved to approve Resolution No. 06 -73, as presented. Councilmember Reinert seconded the motion. Motion carried unanimously. Consider 1st Reading of Ordinance No. 07 -06, Amending Ordinance No. 12-05 (the 2006 fee schedule) by adding a Fee for Costs Related to the I -35E Corridor AUAR, Jeff Smyser — City Planner Smyser advised the City Council approved the final I -35E Corridor Altemative Urban Areawide Review (AUAR) in October 2005. Because of the extent and nature of the information and analyses in the document, the AUAR will be very useful in the Comprehensive Plan update that must be completed within the next few years. 4 Formatted: Centered Deleted: ing Deleted: and COUNCIL MINUTES MAY 8, 2006 DRAFT • Formatted: Centered City Planner Smyser stated the City received funds from Anoka County to assist with the costs of the AUAR. The City also received funds from the developers of the Hardwood Creek project. In order to recoup the balance of the City's expenditures on the AUAR, staff is recommending that a special development fee be charged for new development in the area studied by the AUAR. This is a per -acre fee at the same rat that the Hardwood Creek developer paid: $269 per acre. The one -time fee would be charged with a new development application for development project applications that include preliminary plats, conditional use permits, site and building plans, and planned unit developments. City Attorney Hawkins advised the City has the right to reimburse itself for the fees that have already been incurred. Councilmember Reinert moved to approve First Reading of Ordinance No. 07 -06, as presented. Councilmember Carlson seconded the motion. A roll call vote was taken: Five yeas and zero nays. Consideration of Resolution No. 06 -77, Approving Joint Powers Agreement with State of Minnesota and County of Anoka, I -35E Preliminary Design, Michael Grochala — Community Development Director Grochala stated Anoka County in cooperation with the City of Lino Lakes and the Minnesota Department of Transportation has retained the services of SRF Consulting Group to prepare the preliminary design of the I -35E /CSAH 14 Interchange. The total estimated cost is $312,500. Community Development Director Grochala advised the Joint Powers Agreement identifies the obligations of the respective governmental agencies and funding commitments. As proposed, Mn/DOT, Anoka County and the City would equally contribute $20,833.33 towards the local match. The City's contribution will be funded by State Aid dollars. Councilmember Stoltz moved to approve Resolution No. 06 -77, as presented. Councilmember O'Donnell seconded the motion. Motion carried unanimously. 21st Avenue Street Extension Consideration of Resolution No. 06-78, Accepting Petition and Waiver Agreement, Michael Grochala — Community Development Director Grochala stated the City of Centerville is proposing to construct a new backage road, south of Main Street, between 20th Avenue South (CSAH 54) and 21st Avenue. The proposed roadway project would also include the extension of 21st Avenue to a point approximately 900 feet south of its existing terminus. Community Development Director Grochala advised Mr. Gerald Rehbein currently owns the property affected by the improvement. Staff has spoken with Mr. Rehbein regarding the project. He is supportive of the project, and staff has worked with Centerville to address his previous issues with the road alignment. COUNCIL MINUTES MAY 8, 2006 DRAFT ;.Formatted: centered Community Development Director Grochala stated staff, following review by the City Attorney, has provided Mr. Rehbein with a Petition and Waive agreement addressing the proposed special assessments as well as the necessary street right -of -way. Consideration of Resolution No. 06 -79, Approving Joint Powers Agreement with City of Centerville, Michael Grochala — Community Development Director Grochala stated 21St Avenue straddles the corporate limits of the City of Centerville and Lino Lakes. For the project to move forward, the two cities will need to enter into Joint Powers Agreement (JPA). Centerville has already prepared the JPA based, in part, on the one previously entered into for the first leg of 20 Avenue. Community Development Director Grochala stated advised that as proposed in the JPA, Lino Lakes would be responsible for 50% of the 21st Avenue extensions costs estimated at $150,000 and acquisition of the right -of -way in Lino Lakes. The City does not have this project programmed in its draft Five Year Plan and does not have a potential funding source other than special assessments to the benefiting property owner or a property tax levy. Community Development Director Grochala stated staff is currently working to determine the best financing mechanism for the project, which may include the issuance of bonds in conjunction with other projects scheduled for this year. Councilmember O'Donnell moved to approve Resolution No. 06 -78, as presented. Councilmember Reinert seconded the motion. Motion carried unanimously. Councilmember Carlson moved to approve Resolution No. 06 -79, as presented. Councilmember Stoltz seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS Consider approval of April 5, 2006 Special City Council Minutes (joint meeting with advisory boards) — Councilmember Carlson moved to approve the April 5, 2006 Special City Council Minutes, as amended at the previous Council work session. Councilmember O'Donnell seconded the motion. Motion carried unanimously. NEW BUSINESS Consider Resolution No. 06-71, Approving Access Control System for City Hall — City Administrator Heitke stated staff is recommending the installation of an Access Control System (card 1 readers and security management software) for City Hall. The total project cosh to install an Access Control System is $20,845. Staff recommends that funding be designated from the Capital Projects Fund. City Administrator Heitke noted when City Hall is open all areas of City Hall (except employee work area) will continue to be accessible to the general public. When City Hall is secured for the evening/weekend, an access card will need to be used to access City Hall. A list of policies and procedures for management of the system has been added to the resolution. COUNCIL MINUTES MAY 8, 2006 DRAFT - ( Formatted: Centered Councilmember Stoltz moved to approve Resolution No. 06 -71, as presented. Councilmember O'Donnell seconded the motion. Motion carried with Councilmember Carlson voting nay. COMMUNITY CALENDAR MAY 9, 2006 MAY 22, 2006: Planning and Zoning Board, Wednesday, May 10, 6:30 p.m. YMCA Ground Breaking Ceremony, Wednesday, May 10, 5:00 p.m. ADJOURN There being no further business, Councilmember Reinert moved to adjourn at 7:15 p.m. Councilmember Carlson seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, May 22, 2006. Julianne Bartell, City Clerk John Bergeson, Mayor Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. • • • AGENDA ITEM 1 E STAFF ORIGINATOR: Rick DeGardner, Public Services Director COUNCIL MEETING DATE: May 22, 2006 TOPIC: Resolution No. 06 -84, Approving Plans & Specifications, and Authorizing Advertisement for Bids, Birch Street Trail Project #2 VOTE REQUIRED: Simple Majority BACKGROUND: The City Council approved the 2006 Park Board goals at the February 27, 2006 City Council meeting. TKDA has prepared the plans and specifications for the Birch Street Trail Project #2 that is located along the north side of Birch Street in front of Rice Lake Elementary School. This new trail segment will also connect to the existing underpass. Attached are three drawings showing the proposed trail improvements. Complete plans and specifications materials can be viewed at City Hall. The proposed schedule for this project is as follows: City Council Approves Plans and Specifications City Council Authorizes Ad for Bids Open Bids City Council Awards Contract Construction Commences Substantial Completion May 22, 2006 May 22, 2006 June 20, 2006 June 26, 2006 July - August, 2006 September 1, 2006 Staff is recommending that Resolution No. 06 -84 be adopted. OPTIONS: 1. Adopt Resolution Number 06 -84, approving the plans and specifications and authorizing advertisement for bids for the Birch Street Trail Project. 2. Do not adopt Resolution Number 06 -84. 3. Return to staff for further review. RECOMMENDATION: Option No. 1. • • CITY OF LINO LAKES RESOLUTION NO. 06 -84 RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS - BIRCH STREET TRAIL PROJECT #2. WHEREAS, The City Council authorized staff to complete this project at the February 26, 2006 City Council meeting; WHEREAS, TKDA has prepared plans and specifications for Birch Street Trail Project #2 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 attached hereto and made part hereof, 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, 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. Adopted by the Lino Lakes City Council this 22nd day of May, 2006. John J. Bergeson, Mayor Julianne Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: • Whereupon said resolution was declared duly passed and adopted. eryr,e0mAgop,a4.0,71 \ninuAroomMsap,a, tas-6 :sus. 900Z LI/SO .1.a vma 0731A col ) IMMO Nome sv-.K 133HS 332 z 0 z 0 1- 0 0 w L_ r___ —__ter U m 0' Oi o . 77777777: ............ •[ • -r: se HUT • IT: 7....:777 Wit Ol Oi 0? 03 ca N 0 0 co 0 € 0 3 40 40 g 2 3 U 2006 BIRCH STREET TRAIL MINNESOTA LJNO LAKES N cc w cC CC z z S= 3 fii; hh wnVwVmxw+oaN"Wmann .wn W-M:a :.uw aoce/<Uw Ewa wu 7.08 TOL! i••• " < ig Ce P z 0 =400 P.1; 0=0= AI ■=10 t■ 5 EDGE OF BIT. 0 STORM SEWER CONNECTION t3 1 E., IL < H&C! 18 47i • 4 col) 1.1 1 I \l cnR 08 SHEET NO. 6 OF 12 SHEETS ENGINEERS•ARCHRECTS•PUWNERS 1 tox/ek/so :ma 1...1 woe crati 1 — tr'�IT-4 k NOTE: ANY EXISTING MAILBOX TEMPORARILY MOVED AND RELOCATED ARE INCIDENTAL 8 QJ CONCRETE PED. RAMP. U (TYP) Cn IIIP% RICE LAKE ELEMENTARY SCHOOL TREES TO BE RELOCATE INSTALL 25 LF OF 18- CMP O .9% (1 F.E.S.) II 9612 COO SEE SHEET 5 d' - REMOVE & REINSTALL CE ,�� -��' AS DIRECTED BY ENGINE R 8 \\N--2N\ INSTALL REMOVABLE 80 (SEE DETAIL) \\ \ t. 641 m¢ `� t �'_L �I It ,J RIPRAP CA0 W �% ia' CMP _�.`W^i.W. ` .W -EDGE OF BIT. 0• ce 0 O DRAFT s- 17- zoa� CROSSWALK POWER POLE TO BE MOVED BY OTHERS. O3" • All FIT TRAIL AND CULVERT DITCH CHECKS (TYP.) SILT FENCE (TYP.) EDGE OF BIT. ADD--'.-_' lor- . '0• t3 BIRCH STREET (CSAH 1 INSTALL 12 LF OF 15" RCP 0 1 % W/ 2 F.E.S REMOVE EX. CULVERT MILL DRNEWAY 'TYP.) 8508 O 1 1 50 100 SCALE IN FEET 150 1 UT W 2 V1 W N O w. O tr W or 8 8 M n M g &g O 4 a w 0II� C 1 ..... e w m n m m n Q Nt O p� N 0Dp ri• m m On m 0149 D W Of YD•, 001 AO m mo aog nw of rn ad • ao 910 900 89Q t PBQPO..A�Q. 8. ' :QI.T.MMtNQVs• T AII. CONNECT: TO :EX STORM i PIPE: (18.' {INCIDENTAL} CMP 24' ROP 91Q 900 89Q 0 1 2 3 4 5 6 7 DESIGNED DRAWN jppG CHECKED r� I HEREBY D CERTIFY BY ME THE UNDER OF DIRECT SUPERVISION AND THAT CE THAT THIS PLAN WAS GINEERED I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA ���� - •-- 2006 BIRCH STREET TRAIL UNO LAKES MINNESOTA ■ , I. 13 BIRCH STREET 0+00 TO 13 +00 PROJECT NO. 13633.003 DATE TN0/AS D. PR�w UC. NO. 19521 ENGINEERS RECORD NO. NO. DATE BY DESCRIPTION OF REVISIONS CLIENT NO. 1 MSA N0. SHEET NO. 4 OF 12 SHEETS 9 W to In 0 6508 RETAINING WALL & 6' CHAIN LINK FENCE SILT FENCE (TYP.) 6540 RIPRAP INSTALL 20 LF OF 18• RCP 0 1x (1 F.E.S.) INSTALL 60 LF OF 18" CUP 0 1% 681 DRIVEWAY 4 6" ,.8" EDGE OF BIT. BIRCH STREET CSAH 1 T W W I W 3 BR TRA i__ EDGE OF BIT. [�[2AFT 5— A7 -Zoc6 1 drnaxl _Oiq:l= I+ I yl ', f.: SILT FENCE (TYP.) OTTO LL98 0 TRAIL CONNECTION 50 100 150 SCALE IN FEET Oho n0•m. 00 M CO cri 01 coa 00 03 c0 ID 0 W N Q 're, In.o at a0.m a0 m "?m 0 0i 0, n 0, 00, 01 co 0 m 00, 01 m 0i m • 0 0 at 8 M. OL 0 01 o at 0 33 N co co 10 to .'0 O ea A..... or O co at 910 MH 1 RIM 899.00 BJV • 896 50 900 890 It :PROPOSED: 8.5!: BITUMINOUS TRAIL 24''RCP COMM .TO EX.• STORM PIPE :(t8".:061P)::(1NCIDENTAL) 910 900 890 • 13 14 15 16 17 18 19 20 DESIGNED DRAWN TDP GMG CHECKED TDP I HEREBY CERTIFY UNDER THAT THIS PLAN WAS PREPARED BY ME OR UNDER In DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA TKJDA 2006 BIRCH STREET TRAIL LINO LAKES MINNESOTA BIRCH STREET 13 +00 TO 20+00 TRAIL CONNECTION 0+00 TO 2 +00 PROJECT NO. 13633.003 THOMAS D. PREW DATE UC. NO. 19621 • ENGINEERS•ARCHITECTSPLANNERS RECORD NO. NO. DATE BY DESCRIPTION OF REVISIONS _ CLIENT N0. MSA NO. 1 SHEET NO. 5 OF 12 SHEETS 9 8\13633003 \m B61 2 C &G B612 C &G WETLAND- WETLAND; D\ ATV .�18)CMP — FENCE: )) 8 )) )7 a NOTE: REMOVE & REPAVE BIT. TRAIL AS NECESSARY TO DRAIN TRENCH BOX. Q� L>J °, I I ICI 11.1.11 la.l - -9I 00- — II I I I I INSTALL TR CH DRAIN RIM = 89 •.00 INSTALL 7LF 4" D.I.P. AT 2.2% CONNE TO EX. 12" RCP CULVERT T -4 - -4 - EDGE OF BIT. INSTALL TRENCH DRAIN RIM = 893.50 INSTALL 17LF 4" DlI.P. AT 3.0% CONNECT TO EX. 1[2" RCP CULVERT INSTALL TRENCH DRAIN RIM = 893.00 INSTALL 9LF 4" D.I.P. AT 2.9% CONNECT TO EX. 12" RCP CULVERT 20 40 SCALE IN FEET 60 0. DATE BY DESCRIPTION OF REVISIONS DESIGNED DRAWN TDP GMG CHECKED TDP 1 HEREBY CERTIFY THAT THIS PUN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA DATE THOMAS 0. PREW LIC. Na 19621 TKDA ENGINEERS •ARCHITECTS • PLANNERS 13.5" DRAFT NEENAH R- 4996 -A1 GRATE CASTING 4 "DIP OUTLET TRANSVERSE SECTION '•:� 000000000 000000000 ; 000000000 000000000' 48" PLAN 48" 5 -17 -Zoo( CONC. TRENCH DRAIN (SLOPE INVERT TO DRAIN PIPE) TRENCH DRAIN CATCH BASIN WEDGE PIPE SO BELL FRS FIRMLY AGAINST OUTSIDE WALL OF MAIN SEWER BEFORE POURING CONCRETE. DO NOT USE WOODEN WEDGES CONNECTING PIPE PLAN CONCRETE COLLAR (CLASS 3Y43 CONCRETE) CONNECTING PIPE SECTION SAWCUT FLUSH WITH INSIDE WALL OF MAIN SEWER STORM SEWER CONNECTION 2006 BIRCH STREET TRAIL LINO LAKES MINNESOTA CLIENT NO. NSA NO. UNDERPASS DETAIL SOUTH ENTRANCE SHEET NO 6 OF 12 SHEETS PROJECT NO. 13633.003 RECORD NO. • AGENDA ITEM 1 F STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: May 22, 2006 TOPIC: Resolution No. 06 -87, Approving Change Order No. 2 and Final Payment, 2005 Overlay Project VOTE REQUIRED: 3/5 Vote Required BACKGROUND: The contractor for the 2005 Overlay Project, Universal Enterprises of Mid - Minnesota, Inc. is requesting City approval of Payment Certificate No. 2 (Final) in the amount of $6,142.37. A copy of the Final Payment is attached. The contractor has satisfactorily completed all work and has provided all necessary documentation. The current contract amount was $124,389.36 and the final contract amount is $122,847.32. Also included within the request for Final Payment is Change Order No. 2, which is a compensating change order in the deduct amount of $1,542.04. With this • Change Order, the final contract amount is still $33,662.68 below the Engineer's Estimate of $156,510.00. Approval of the Final Payment will begin the one -year warranty period. OPTIONS: 1. Return to staff for further review. 2. Approve Resolution 06 -87 Approving Change Order No. 2 and Final Payment for the 2005 Overlay Project. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution 06 -87 be approved. • • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -87 RESOLUTION APPROVING CHANGE ORDER NO. 2 AND FINAL PAYMENT - 2005 OVERLAY PROJECT WHEREAS, the construction of the 2005 Overlay Project has been completed by Universal Enterprises of Mid - Minnesota, Inc. and WHEREAS, the one -year warranty period for this project will begin with the Final Payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Compensating Change Order No. 2 and Payment Certificate No. 2 (Final) is approved for a total contract amount of $122,847.32. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 22nd day of May, 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. TKDA ENGINEERS • ARCHITECTS • PLANNERS 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292 -4400 (651) 292 -0083 Fax www.tkda.com Proj. No. 13329.001 Cert. No. 2 (FINAL) St. Paul, MN, December 2 , 20 05 To City of Lino Lakes, Minnesota Owner This Certifies that Universal Enterprises of Mid - Minnesota, Inc. , Contractor For 2005 Overlay Project Is entitled to Six Thousand One Hundred Forty -Two Dollars and 37/100 FINAL being 2nd estimate for paw payment on contract with you dated April 25 , 2005 ($ 6,142.37 ) Received payment in full of above Certificate. f^ TKDA Universal Enterprises Mid - Minnesota, Inc. Z ` S , 20 - S Thomas D. Prew, P. RECAPITULATION OF ACCOUNT An Employee Owned Company 3 1 _ Affirmative Action and Equal Opportunity CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras $ 102,710.00 All previous payments $ 116,704.95 All previous credits Extra No. Change Order No. 1 $ 21,679.36 Compensating Change Order No. 1 $ (1,542.04) Credit No. $ - 11 1, i, AMOUNT OF THIS CERTIFICATE $ 6,142.37 Totals $ 122,847.32 $ 122,847.32 $ - Credit Balance There will remain unpaid on contract after payment of this Certificate $ - $ 122,847.32 $ 122,847.32 $ - An Employee Owned Company 3 1 _ Affirmative Action and Equal Opportunity • TKDA Engineers- Architects - Planners PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS FINAL Estimate No. 2 Period Ending December 2 , 20 05 Page 1 of 1 Proj. No. 13329.001 Contractor Universal Enterprises of Mid - Minnesota, Inc. Original Contract Amount $102,710.00 Project 2005 Overlay Project Location City of Lino Lakes, Minnesota Total Contract Work Completed Total Approved Credits Total Approved Extra Work Completed $ 0.00 Approved Extra Orders Amount Completed Total Amount Earned This Estimate $ 122,847.32 $ 0.00 $ 0.00 $ 122,847.32 Less Approved Credits $ 0.00 Less 0 % Retained $ 0.00 Less Previous Payments $ 116,704.95 Total Deductions $ Amount Due This Estimate Contractor Engineer Universal Enterpligirci5t Mid - Minnesota, Inc. Thomas Prew, P.E. Date 116,704.95 $ 6,142.37 Date December 2, 2005 • • ESTIMATE NO. 2 (FINAL) 2005 OVERLAY PROJECT CITY OF LINO LAKES, MINNESOTA TKDA PROJECT NO. 13329.001 PERIOD ENDING: December 2, 2005 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE SANITARY SEWER 1 MOBILIZATION LS 1.0 1.0 $ 2,000.00 $ 2,000.00 2 ADJUST MANHOLE /CATCH BASIN FOR WEAR COURSE EA 3.0 - $ 150.00 $ - 3 ADJUST GATE VALVE FOR WEAR COURSE EA 1.0 - $ 125.00 $ 4 REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT LF 500.0 - $ 5.00 $ - 5 BITUMINOUS CURBING LF 1,200.0 1,200.0 $ 3.00 $ 3,600.00 6 COMMON EXCAVATION CY 400.0 400.0 $ 9.75 $ 3,900.00 7 AGGREGATE BASE CLASS 5 TN 700.0 700.0 $ 14.75 $ 10,325.00 8 FULL DEPTH PATCHING SY 3,500.0 3,500.0 $ 10.50 $ 36,750.00 9 BITUMINOUS MATERIAL FOR TACK COAT GAL 700.0 350.0 $ 1.25 $ 437.50 10 BITUMINOUS WEARING COURSE, 2350 TYPE LV 4 TN 1,180.0 906.03 $ 35.75 $ 32,390.57 SUBTOTAL $ 89,403.07 CHANGE ORDER NO. 1 1 RECLAIM BITUMINOUS SY 11,882.0 12,450.0 $ 0.98 $ 12,201.00 2 GRADE GRAVEL RS 42.0 42.0 $ 200.00 $ 8,400.00 3 BITUMINOUS BASE TN 1,480.0 1,650.86 $ 35.75 $ 59,018.25 4 HAUL EXCESS MATERIALS CY 330.0 840.0 $ 10.00 $ 8,400.00 5 BITUMINOUS CURBING LF (1,200.0) (1,200.0) $ 3.00 $ (3,600.00) 6 COMMON EXCAVATION CY (400.0) (400.0) $ 9.75 $ (3,900.00) 7 AGGREGATE BASE CLASS 5 TN (700.0) (700.0) $ 14.75 $ (10,325.00) 8 FULL DEPTH PATCHING SY (3,500.0) (3,500.0) $ 10.50 $ (36,750.00) SUBTOTAL $ 33,444.25 TOTAL ESTIMATE NO. 2 (FINAL) $ 122,847.32 - 3 3 - • • • CHANGE ORDER TKDA Engineers - Architects - Planners Compensating Saint Paul, MN December 2 20 05 Proj. No. 13329.001 Change Order No. 2 To universal Enterprises of Mid - Minnesota for 2005 Overlay Project for City of Lino Lakes, Minnesota You are hereby directed to make the following change to your contract dated April 25 , 20 05 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (decrease) (not change) the contract sum by One Thousand Five Hundred Forty -Two Dollars and 04/100 ($ 1,542.04 ). COMPENSATING CHANGE ORDER This change order shows the actual quantities installed at the unit price bid amounts (see attached itemization): NET CHANGE = $ (1,542.04) Amount of Original Contract $ 102,710.00 Additions approved to date (Change Order No. 1) $ 21,679.36 Deductions approved to date (Nos. ) $ Contract amount to date $ 124,389.36 Amount of this Change Order (Add) (Deduct) (age) $ (1,542.04) Revised Contract Amount $ 122,847.32 Approved City of Lino Lakes, Minnesota Owner TKDA Thomas D. Prew, Approved Universal Enterprises of Mid - Minnesota White - Owner Contractor Pink - Contractor Blue - TKDA By L_ COMPENSATING CHANGE ORDER NO. 1 PERIOD ENDING: December 2, 2005 2005 OVERLAY PROJECT CITY OF LINO LAKES, MINNESOTA TKDA PROJECT NO. 13329.001 CONTRACT QUANTITY +/_ UNIT AMOUNT NET CONTRACT DESCRIPTION UNIT QUANTITY TO DATE DIFFERENCE PRICE TO DATE CHANGE AMOUNT SANITARY SEWER 1 MOBILIZATION LS 1.0 1.0 - $ 2,000.00 $ 2,000.00 $ $ 2,000.00 2 ADJUST MANHOLE/CATCH BASIN FOR WEAR COURSE EA 3.0 (3.0) $ 150.00 $ $ (450.00) $ 450.00 3 ADJUST GATE VALVE FOR WEAR COURSE EA 1.0 (1.0) $ 125.00 $ $ (125.00) $ 125.00 4 REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT LF 500.0 (500.0) $ 5.00 $ - $ (2,500.00) $ 2,500.00 5 BITUMINOUS CURBING LF 1,200.0 (1,200.0) $ 3,00 $ - $ (3,600.00) $ 3,600.00 6 COMMON EXCAVATION CY 400.0 (400.0) $ 9.75 $ $ (3,900.00) $ 3,900.00 7 AGGREGATE BASE CLASS 5 TN 700.0 (700.0) $ 14.75 $ - $ (10,325.00) $ 10,325.00 8 FULL DEPTH PATCHING SY 3,500.0 (3,500.0) $ 10.50 $ $ (36,750.00) $ 36,750.00 9 BITUMINOUS MATERIAL FOR TACK COAT GAL 700.0 350.0 (350.0) $ 1.25 $ 437.50 $ (437.50) $ 875.00 10 BITUMINOUS WEARING COURSE, 2350 TYPE LV 4 TN 1,180.0 906.03 (274.0) $ 35.75 $ 32,390.57 $ (9,794.43) $ 42,185.00 SUBTOTAL $ 34,828.07 $ (67,881.93) $ 102,710.00 CHANGE ORDER NO. 1 1 RECLAIM BITUMINOUS SY 11,882.0 12,450.0 568.0 $ 0.98 $ 12,201.00 $ 556.64 $ 11,644.36 2 GRADE GRAVEL RS 42.0 42.0 $ 200.00 $ 8,400.00 $ $ 8,400.00 3 BITUMINOUS BASE TN 1,480.0 1,650.86 170.9 $ 35.75 $ 59,018.25 $ 6,108.25 $ 52,910.00 4 HAUL EXCESS MATERIALS CY 330.0 840.0 510.0 $ 10.00 $ 8,400.00 $ 5,100.00 $ 3,300.00 5 BITUMINOUS CURBING LF - - $ 3.00 $ - $ - $ - 6 COMMON EXCAVATION CY - $ 9.75 $ - $ - $ 7 AGGREGATE BASE CLASS 5 TN - $ 14.75 $ - $ - $ 8 FULL DEPTH PATCHING SY - $ 10.50 $ - $ - $ - SUBTOTAL $ 88,019.25 $ 11,764.89 $ 76,254.36 TOTAL COMPENSATING CHANGE ORDER NO. 1 $ 122,847.32 $ (56,117.04) $ 178,964.36 • • AGENDA ITEM I Gi STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: May 22, 2006 TOPIC: Resolution No. 06 - 88, Authorizing Execution of Development Agreement, Pine Glen — Phase I Vote Required: Simple Majority BACKGROUND: The City Council approved the preliminary plat of Pine Glen on November 28, 2005 and authorized execution of a grading only development agreement on March 13, 2006. Pine Glen consists of 72 units of residential development. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Agreement for the Pine Glen — Phase I. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $2,135,000.00 representing 150 percent of the development improvement costs and a Letter of Credit in the amount of $95,750.00 representing 35 percent of the City improvement costs to insure completion of the project in accordance with the approved plans. 2. Deposit of a cash escrow in the amount of $260,500.00 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 - 88, Authorizing Execution Development Agreement, Pine Glen — Phase I. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 06 - 88 be adopted. 41 • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -88 RESOLUTION AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT, PINE GLEN- PHASE I WHEREAS, the City Council approved the preliminary plat of Pine Glen on November 28, 2005, and a grading only development agreement on March 13, 2006, and WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities and final plat approval to insure satisfactory completion of public improvements. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Contract with 23, LLC, for Pine Glen — Phase I 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 22nd day of May, 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. DEVELOPMENT CONTRACT Pine Glen - Phase I THIS AGREEMENT made this 22nd day of May, 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 corner 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 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. Pine Glen — Phase I Development Contract May 22, 2006 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 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. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". B. Improvements to be installed by the City and financed by the Developer are hereinafter referred to as "City Improvements ". II. DEVELOPER IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, street and utility plan, and a surface water management plan. The 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 page 2 Pine Glen — Phase I Development Contract May 22, 2006 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. 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. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.1 and II.A.2 as listed above. b) 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 page 3 Pine Glen — Phase I Development Contract May 22, 2006 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. 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 corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan - guard stakes shall be appropriately installed to mark these irons. page 4 Pine Glen — Phase I Development Contract May 22, 2006 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. 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. Cost of Developer Improvements and description are as shown on Attachment A. 13. Construction of Developer's Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. page 5 Pine Glen — Phase I Development Contract May 22, 2006 b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the final plat which will dedicate all permanent easements necessary for the construction and installation of the Developer and City Improvements as determined by the City. d) All construction debris and trash shall be properly disposed of at the Developer expense and in a timely manner as determined by the City. 14. 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. 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 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 page 6 Pine Glen — Phase I Development Contract May 22, 2006 guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the one -year warranty provisions of the agreement. The amount shall be determined by the City Engineer. III. CITY IMPROVEMENTS A. 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 terms and conditions of this Development Contract subject to provisions contained in this contract. V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the Subdivision and the Developer Improvements including, but not limited to, the following (See Attachment B for breakdown of costs): page 7 Pine Glen — Phase I Development Contract May 22, 2006 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 two structures 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: 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 page 8 Pine Glen — Phase I Development Contract May 22, 2006 Code. The Developer may construct and maintain such access in order to meet said requirements. 3. Prior to release of the building permits for two structures, 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 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 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 repair and maintain any private facilities shall be billed directly to the property owners. page 9 Pine Glen — Phase I Development Contract May 22, 2006 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, 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 page 10 Pine Glen — Phase I Development Contract May 22, 2006 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. Phase 1 of the project including 35 residential lots can not be final platted until 2006. The final plat for phase 2 of the project including 37 residential lots can not be final platted until 2007. 2. 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. 3. Park dedication fees must be paid in accordance with the city fee schedule. 4. A site and building plan review must be completed for both of the commercial lots prior to any commercial activities on those sites. 5. 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. 6. 4.08 acres of commercial MUSA is here by allocated to the commercial portion of the site. 7. 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. 8. 19.8 acres of residential MUSA reserve in 2007 is here by allocated for Phase II of the residential portion of the site. 9. 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. 10. Right of way for Lake Drive shall be dedicated as 60 feet from centerline. page 11 Pine Glen — Phase I Development Contract May 22, 2006 11. 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. 12. The project is subject to Rice Creek Watershed review and approval. 13. The project is subject to Anoka County Highway Department review and approval. 14. A temporary cul -de -sac must be provided at the southern terminus of Street C. 15. Plans depicting the integration of Street A into Lois Lane must be submitted and approved by the City Engineer. 16. The outlots 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. 17. 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. 18. 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 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 $72,625.00 shall be paid by the Developer to the City. page 12 Pine Glen — Phase I Development Contract May 22, 2006 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 13 Pine Glen — Phase I Development Contract May 22, 2006 • DEVELOPER CITY OF LINO LAKES • By Developer STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) By Mayor ATTEST: By Clerk On this day of , 20_. before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA Notary public On this day of , of 20_, before me, a Notary Public within and for said County, personally appeared (Developer), to me known to be the , of , a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public page 14 - 4 7 - ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Pine Glen - Phase 1 NUMBER OF REU's: 35 APPLICANT: 23, LLC ASSESSED AREA (ac.): 21.4 5/22/2006 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate e $0 2 EROSION CONTROL Estimate e $0 3 SITE ENGINEERING & SURVEYING Estimate e $10,000 4 LANDSCAPING Estimate e $0 5 STREET CONST. A. Subgrade /Base Course Estimate e $338,845 B. Wear Course Estimate e $95,428 C. Turn Lane Estimate e $44,779 6 STORM SEWER CONST. A. Trunk Estimate e B. Lateral Estimate e $198,274 $52,202 C. Surface Water Mgmt. Charge (s.f.) $0.056 a �7 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) $2,640 a $56,496 B. Trunk Credit $16,082 C. Trunk Unit Charge (REU) $1,145 $40,075 D. Lateral Estimate e $359,378 E. Lift Station Estimate $130,000 8 WATERMAIN CONST. A. Trunk Area Charge (ac.) $2,815 a $60,241 B. Trunk Credit $13,031 B. Trunk Unit Charge (REU) $1,845 a $64,575 C. Lateral Estimate e $246,056 SUBTOTAL: $1,422,759 $273,589 $0 Sanitary Sewer /Lift Station/Watermain Credit $0 $29,113 TOTALS: $1,422,759 $244,476 $0 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 - 48 - • DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Pine Glen - Phase I APPLICANT: 23, LLC ITEM NECESSARY IMPROVEMENTS 1 PLANNING /REVIEW A. Plat Review Fee B. Planner Review Fee 2 ADMINISTRATION A. Legal B. Administration Fee C. Publications 3 ENGINEERING A. Plan /Plat/Grading Review B. Prep of Plans & Specs. /Insp. Lift Station C. Construction Services D. Construction Staking E. City Engineering 4 DEVELOPMENT FEES A. Park Dedication Fee B. Sealcoating Fee C. Aerial Photo Fee 5 BOULEVARD TREE PLANTING 6 DEVLOPMENT SECURITIES A. Tree Preservation B. Street Lighting - installation C. Street Lighting - operation D. Traffic Signing E. Street, Storm Sewer, Pond Maint. SUBTOTAL: Grading Only Escrow Credit TOTALS: ATTACHMENT B CITY FEES NUMBER OF REU's: 5 -22 -2006 35 ASSESSED AREA (ac.): 21.4 BUDGET DEVELOPER CITY ESCROW COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) $5,000 $5,000 $1,000 3% of const. $1,000 $20,000 $27,000 $50,000 $0 $28,000 $2075 /unit $0.27/SF 90 /unit $465 /tree 95/u nit $2,500 $265 $3,000 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: c: d: e: Estimated Cost or Budget by City Previously Assessed Cash Requirement per Agreement with Park Board Provided by Developer - 4 9 - $0 $0 Att. A Att. B $2,135,000 $0 $95,750 $0 $0 $260,500 $5,000 $5,000 $1,000 $42,500 $1,000 $20,000 $27,000 $50,000 $0 $28,000 $72,625 $39,459 $3,150 $19,530 $3,325 $20,000 $2,120 $3,000 $291 $343,000 $82,500 $260,500 Total $2,135,000 $95,750 $260,500 • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: BACKGROUND AGENDA ITEM 1.G.ii Paul Bengtson May 22, 2006 Resolution 06 -80 Final Plat - Pine Glen 23 L.L.C. has requested approval of a residential development called Pine Glen. The plat includes 35 residential lots, 2 commercial lots, and five outlots. The subject property is located east of Lake Drive approximately 650 feet south of Main Street. The final plat generally conforms to the approved preliminary plat layout as approved by the City Council on November 28, 2005. However, the phasing that was previously approved is being requested to change. The applicant is proposing to complete the east side of the project first, which results in the following: This type of adjustment does not require any sort of action beyond approving this final plat and thus approving the phasing plan adjustment. The title commitments have been forwarded to the City Attorney for review and have been determined to be acceptable. As required by conditions of the preliminary plat, all existing structures have been removed; Lake Drive right of way is dedicated appropriately; a separate 15 foot wide trail easement has been submitted; and a quit claim deed for Outlot E will be required prior to construction. All other conditions of approval are addressed as part of the development agreement. PLANNING AND ZONING BOARD At the May 10, 2006 meeting the Planning and Zoning Board unanimously recommended approval of the final plat for Pine Glen. RECOMMENDATION Staff recommends approval of Resolution 06 -80 approving the final plat for Pine Glen. ATTACHMENTS 1. Final Plat submitted April 25, 2110 0 - MUSA Acres Lots Phase I Phase II Phase I Phase II Approved (Preliminary Plat) Proposed (Final Plat) 20.5 19.8 40 32 20.5 19.6 35 37 This type of adjustment does not require any sort of action beyond approving this final plat and thus approving the phasing plan adjustment. The title commitments have been forwarded to the City Attorney for review and have been determined to be acceptable. As required by conditions of the preliminary plat, all existing structures have been removed; Lake Drive right of way is dedicated appropriately; a separate 15 foot wide trail easement has been submitted; and a quit claim deed for Outlot E will be required prior to construction. All other conditions of approval are addressed as part of the development agreement. PLANNING AND ZONING BOARD At the May 10, 2006 meeting the Planning and Zoning Board unanimously recommended approval of the final plat for Pine Glen. RECOMMENDATION Staff recommends approval of Resolution 06 -80 approving the final plat for Pine Glen. ATTACHMENTS 1. Final Plat submitted April 25, 2110 0 - • • ebh Speiser Acres Page 2 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -80 RESOLUTION APPROVING THE FINAL PLAT FOR PINE GLEN WHEREAS, a request has been submitted to the City for the approval of a final plat, and WHEREAS, review and approvals of plats are governed by state statutes and City ordinances, and WHEREAS, the preliminary plat for Pine Glen was approved with Resolution 05 -182 by the City Council on November 28, 2005 with conditions, and WHEREAS, the final plat for Pine Glen complies with City requirements and the conditions of Resolution 05 -182 have been satisfied. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves the final plat for Pine Glen Passed by the Lino Lakes City Council this 22nd day of May 2006. ATTEST: John J. Bergeson, Mayor Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 22nd day of May, 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. PINE GLEN KNOW ALL MEN BY THESE PRESENTS: That, 23, LLC., a Minnesota limited liability company, fee owner and Landmark Community Bank, NA, a National Banking Association, molgagee of the following described properly situated in the County of Anoka, State of Minnesota, to wit: That port 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 comer of said Lot 5. thence Southerly on the East /117e 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 drown from the Southeast corner 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 port lying within plat of Anoka County Highway Right of Way Plot No. 17, Anoka County, Minnesota. And 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 -0f —Way Plat No. 17, according to the U.S. Government Survey, Anoka County, Minnesota. And The South Half of the Northeast Quarter of the Northwest Quarter of Section 9, Township 31, Range 22, Anoka County, Minnesota. And The South Hall of the Northwest Quarter of the Northeast Quarter of Section 9, Township 31. Range 22. Anoka County, Minnesota. And 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. Have caused the same to be surveyed and plotted as PINE GLEN and do hereby donate and dedicate to the public for public use forever the avenues and courts and the easements for drainage and utility purposes. In witness whereof said 23, LLC., a Minnesolo limited liability company, has caused these presents to be signed by its proper officer this day of 200 By: , Anthony J. Emmerich, Chief Manager STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of 200 , by Anthony J. Emmerich, Chief Manager of 23, LLC., a Minnesota limited liability company, on behalf of the company. Notary Public, County, Minnesota. My Commission Expires MIDWEST Land Surveyors & Civil Engineers, Inc. CITY OF LINO LAKES COUNTY OF ANOKA SEC. 9, T31, R22. In witness whereof said Landmark Community Bank, N.A., a notional Bunking Association has caused these presents to be signed by its proper officer this day of , 200 LANDMARK COMMUNITY BANK. N.A By Executive Vice President Kevin J. Whelan STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of , 200 by Kevin .1. Whelan as Executive Vice President of Landmark Community Bonk, N.A., a National Banking Association, on behalf of the association. Notary Public County, Minnesota. My Commission Expires 1 hereby certify that I have surveyed and platted the property described on this plat as PINE GLEN; that this plat is a correct representation of the survey; that all distances are correctly shown on the plat in feel and hundredths of a foot; that all monuments have been correctly placed in the ground as shown or will be placed as required by the local governmental unit; that the outs /de boundary lines are correctly designated on the plat; and that there are no wetlands as defined in MS 505.02. Subd. 1. or public highway to be designated on said plat other than as shown. Blake 1.. Rivard, Licensed Land Surveyor Minnesota License No. 19421 STATE OF MINNESOTA , COUNTY OF `� The foregoing instrument was acknowledged before me this day of , 200 by Blake L. Rivard, Licensed Land Surveyor, Minnesota License Number 19421. Notary Public County. Minnesota. My Commission Expires The foregoing plat of PINE GLEN was approved and accepted by the City Council of Lino Lakes, Minnesota, at a regular meeting /hereof held this day of , 200 If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes Section 505.03, Subd. 2. CITY COUNCIL OF LINO LAKES, MINNESOTA By: , Mayor By: , Clerk Checked and approved this day of 200 By: , Anoka County Surveyor &ea IS .50 ___ am N00'g o" •`:W-89 °32'09 "Wti;de.za e ' 314.85'{p N89 °19'22 "W 35.02 19W Comer GRAPHIC SCALE 200 0 100 200 400 SCALE IN FEET 1 inch = 200 feet Sec.9- TJIN -R22 / / Anoka County Cost Iron Monument i 1� / L� - -� - tn N8978'49 "W 2631.60 TREEr PINE GLEN J 3 o�ti N00 °40'38 "E ? 67.03 -Nly most comer / 11 tn, Lot 5, Auditors/ u -- Seba -14o. 480. / West Line St _ - -NW1/ N 4 �'^ - - -- Sec.9 -77.31N-R22W East Lot 5 Jr 6, : Auditor's Subd. No. 100 -- Southeast comer Lot 6, Auditor's Subd. No. 100. •South Line NW1 /4 -NW1 /4 Sec.9- TJIN -R22 ' -North Line SI /2 NW1 /4 -NWI /4 Sec.9- TJIN -922 W X E L L 1' S89- 32'09'E 7334.52 2306.44 'cat ` 586.5.3 -North Line 51/7 WJ ; NEl /4 -NWI/4 I <W` '.c.,\ N • in - p Sec.9-T3IN-R22W 4e\ a 1 GV N O , t 1 yI C°i / V 30;�h'89 C � vi,rn>!+m n W 2�n i \ � ./ �` , : m JS 49, \ V cz. N� ° 4 - �'� - J F I ' _, • SEE �IfEi ^7 1 ! 86.18- .__I / � ` N46Tfi'46-E KELLY ■ o W 2tn - -� $� - Rural Cooperative Power Association ,- NEI /4 -NWI /4 S18 _ -- ^e "" Easement Per Ooc. No. 320796. x640.1 S89'35'2BE ' r- - -_- -o _ _� ` 'ySec.9- T31N -R22°W 5 {q2 � 294.76 '. '^ , ul ! 068.66 y 275. B7 1 ss 2638.29 - �-'` -- - N1/4 Corner Sec.9- T3,N -R22 W Anoka County Cast Iron Monument •971.92 58978'48£ S89 °32'08 "E • -1 , rjNSET`A- SEEI SHEET 3 OF 4 SHEETS I:l- W Rural Cooperative Power Association Easement Per Doc. No. 320796. 7156961 ;7-Drainage and Utility Easement South Line I SEE DETAIL A -, W N89 °35'30 "W MIDWEST Land Surveyors & Civil Engineers, Inc. / 66/ / / / / DETAIL A SCALE: 1 Inch = 30 Feel a�O0 0. North Line S1/2 -' NW1 /4 -NEI /4 Sec.9- T31N -R22W w E 7 O U T L O T 1 E N 0 A 1314.80 CITY OF LINO LAKES COUNTY OF ANOKA SEC. 9, T31, R22. 2632.02 1901.33 NE Corner -- Sec.9- TJIN -R22 W Anoka County Cost Iron Monument t f - ` Ne monument set-r 7JO.P0 -North Line 51/2 (Polls in wetland) 589'3208£ Snc.9 -NEI /4 - 7,70.00 -�• Sec.9 -T31N -R22W a �° 0t -+ O_ 3 N c 2T h p 1c': NWZ : W LJ x :4 n a u p30,n v1 Ii Drainage and Utility Easement overoll of Outlot E I._ South Line South Line Rural Cooperative Power Association NEI /t4 -NEI /4 NW7 /4 -NEI /4 r5' Easement Per Doc No. 320796. ,-- Sec.9 -T379 -R22W -- Sec.9 -T3IN -R22W ' i No monument set / (Falls m wetland) - -��� I 7624.77 ( h - - -N89 °35'28 "W -}- 1900.64 589'35'28-E 294.76 Rural Cooperative Power Association Easement Per Doc. No. 320796. -- ° ° OUTLOT E " Drainage and Utility Easement 31.49 1624.77 7 / -- 1900.64 -- N89 °35'28 "W 1 NOTES: FOR THE PURPOSES OF THIS PUT THE SOUTH UNE OF THE NORTHWEST OUARTER OF THE NORTHWEST QUARTER OF SEC.9 -T3IN -R22W IS ASSUMED TO HAVE A BEARING OF N89'35'30 "W. O - DENOTES I/2 INCH BY 14 INCH IRON PIPE MONUMENT SET, MARKED WITH A PLASTIC CAP INSCRIBED 'RLS 19421" • - DENOTES MONUMENT FOUND - DENOTES ANOKA COUNTY MONUMENT DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: II -5 10- H I r10 ___LJ L.L___ 5- BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES, AND 10 FEET IN WIDTH AND ADJOINING REAR LOT UNES AND ADJOINING RIGHT -OF -WAY UNES UNLESS OTHERWISE SHOWN ON IHE PUT. / / / / / •47 / / 43 / / / tia S89 °32'09 "E 0 328.50 �} $• E0O o "Io 2 ? th] 0 1 iq J 58.73 if -6 W 6E �Q ;nom L)i N b -e 0 N 8 6�` N 6"425479' 137.39 79.35 T+ - -- e f OLD /S89'19'222 "EU / 35.02 -,` l 17 / r° t. `a (45.34)(Deed) i°'o 6'��1i .` _ __46.30(M) r 5:*M3( E ,; P O 1 ti 605 ::-!:14:: 9 most comer Lot 5, Auditor's '1/ Sub. No. 100. �'H8d 6236 £ 49 '2 .79 io MIDWEST ro o e � 1 314.85 1 K E L L S8928'49'E 797.99 24 x.4101: B3 8.135. 197.99 --e-west Line S1/2 NWI /4 -NWI /4 Sec.9 -T31N -R22W dt East Lot 5 de 6. Auditor's Subd. No. 100 1 .51 PINE GLEN INSET A 29 25651 234..04 4 29 '31 2 52 • 448.77 - I '-North Lin. S1/2 NWT /4 -NW1 /4 Sec.9- TJIN -R22W 589'32'09 "E 50031." \ s„ 1\ �- 56972'09 "E 780 77 f 80 1 GRAPHIC SCALE 0 70 BO teo SCALE IN FEET 1 inch = 80 feet 2306.44 CITY OF LINO LAKES COUNTY OF ANOKA SEC. 9, T31, R22. 356.95 io 72.50 - a292 r 45 0 r u a W 2 Southeast corner Lot 6, 8 W", '� --Auditor's Sub. No. 100. f. YJ 45 m 1-�` 76X476 .1'52 )`xz��. .1� m `.t 6$ai �.. �43'1,'26 i-! „., \ ..- 58952'521' 7.77.55 -_,y/ ) Z ,, _____ 5-- 0r80.09e one Utility Easement -2•: -1 L i N N 58928'49'E 15004y ' :° lr I•t pN1 1 8 ; iq 11) q^/ f 0 JJ w, /_Dro ;nog. - h= ...,4_, EaSement-� I J Ig I • '175.00 S897570'E ;•- Drainage and Utility Easement OUTLOT A 8 n O 589'35'30T (35.00 -Rural Cooperative; Power Association\ Easement __ - -' South Line 0 c, / / ^ Per Moe. No. 320796. ' Sec.94 TJIN- R22W '^ I O 304.(5 / 0.00 _. , - N89 735'30 "W 328.50 •1 S8929'49 -E A 30 JO O VENUE o 156 95 - ^' 0.60.34. 284.45 - 254.45 I h i 0.60.3 '). 81N�^ � 4 IQ .1201 WI IN NI !t :1 1a 212° 30 ' ^ O 4�h d Y N h W e o o i o z 0 U TL 0 T 1334.52 1'•'-- 0rotn a ge Sep5800 E� %l ��` 801 -, S)1 J0.000 5897570T 79500 0 n 05- 0;9750<;y 149 U t i l i t y iI North Line '` -NE1 /4 -NWI /4 E a 9 e m 5..9 -T31N -822W 103q 5871331'W 167.85 g7�.ti1 4,54" O U T L O T s C e�4 S ps�6•Jr +74 <7 •2 r) BO ^ 1 p1 _ 207.99 295.98 A. �9 r -- Ds5 ��p9p0 R' 0 178.04 0i 989.35•30'E D `-Rural Cooperotive Power Association Easement And Drainage and Utility Easement KELLY N8935'3°'W 1 a 07 56 N N •Cs9•BJ ` °o N89'49'25'41" 35.00;...\ C b o V J7 79 04- 30- 30 '20 0O 3 9) O HI F 30 30 0 175.01 n 380.72 -- 796.13 -- 09, �6.6s6 AVENUE ° a-r eb^ 291.20 �'• " 58' ' Per Doc. No. J20796. -_\ 876.95 2638.29-- South Line -NE1 /4 -NWI /4 / Sec.9- 7,31N-822W c Land Surveyors & Civil Engineers, Inc. 7.7 7r NOTES: FOR THE PURPOSES OF THIS PLAT 1747 SOUTH UNE OF THE NORTHWEST OUARTER OF THE NORTHWEST QUARTER OF S£C.9 -T3IN -R22W IS ASSUMED TO HAVE A BEARING OF N89•J5'JO'W. O - DENOTES I/2 INCH BY 14 INCH IRON PIPE MONUMENT SET, MARKED WITH A PLASTIC CAP INSCRIBED •RLS 19421' • - DENOTES MONUMENT FOUND -- 589'32'09 "E 265.75 North Line .- NE1 /4 -NW1 /4 Sec.9 -11.11N -R22W PINE GLEN INSET B 2306.44 p - I 208.7) 1 30.00 30. �64 2 \ � I _ /1 J \.m1 .tn"1/ S �1- 41814201 -'1 12 ,m ✓j. 07 :I 159.00 --Drainage and Utility `) N6`,N8275'SOE S85Y0'37'E , 4150 -�- 91_59 g 3 4 b �/ N2919.53E �, 9.83 y k ' o 3 ---i 1 `{T \\ O 4'IeB.'.j r Iq a s. \ \ U • 3 .•3 h N89149'25'W 35.00) \ I 14 i J d Je. • m EDsem en I l.`1 °asPS2. 5 ' \ h - (5P�4:a5Y ° 1.4-4-?, 33 43.44' 49 li t 589:75'30'Ej JANE I AVENUE 72. 118.22 126.53 J7 ! �+ � ` -� 4186'563l5 "E - 72i5� 't?',�, u16.,j5J 1235 -�- +'83T74'Jp -. • a 4y 0702- 01 M S89'32 '08"E North Line .- NW1 /4 -NE1 /4 Sec.9 -T31N -R22W 1901.33 -- d�7 • 4 1- p5- 815z;JJ -E ?9504-0J��TQ is X6.65 -----+ I.i�`,A _ r, ,(b'/ h_' . •a r' / 295. I ti'<Y o` . I 4189'49'25 "W y.4' "- N y r X5700- Is-Ul o .59 w. 3`''4\ sago 2 o6 OR .....2 60-, 1 O o I0L-- 149.QQ -- c 1 I I. F dl000 NI V; 2 1 a' o Z I 1 1 C $1 L____j 75,DQ- DJO'" O 30 208.02 A VENUE ° 6 9 -- '`615' ` - .1 265.99380.12 ?c6g Oq - 796.13 -- N89'J530 W n K E L L Y 102.60 1 W 0 0 o!' 1 ‘441I' N L - -_1 1n9 6a r- 1D2a0- -1 O 2 .°t 1 - - J 102 60 i ru r- 7D2arT -1 0 3 n - _ o South line -Z1 - N£7 /4 -NWI /4 Sec9 -^'1131N^ 622W 134.07 31 a,l 7 0 I s7* Js�s- L 135.00 1 z 30 0 o-" � 6 ..29 i. IA 65 'g6l• /1.5.1%. 2.36 r I / /p�6 12.02 10 ^I O \ J ' �423� °2 '°^I .4.853 319.10 CITY OF LINO LAKES COUNTY OF ANOKA SEC. 9, T31, R22. 5 501 i° °I "1 589'32'09 "E � \ I \ • --I /`I rtiSry \ \\ a *1\ \\ I As2A \ W ,"°1 i 1_ - \ -- __1 Rurol 102.60 -- N89 °35'30 "W g Rs1a 110.94 j -4b TB --1 11 8 ti d�9'J8'0i' zs l a r - a r S...25.4' 03• 17 - y \` 12 // / �?; l/ 13 IL o �\,ir. • A h� . JJ f;/ .(` - -ao 1 °� H.s ho, / / •I oec� ,t161J40� •,'_ -;.‹.5-9753:-./ 3: i �5c '�- `•`i7'-'�78.5016-N'g75.01" f. • C 2.5h.r$. d 9 A5-1,1 p°0' • 4_1 m \ \ _. X55 °.p, o° 0� �., ^a N 1 75.98 /ate / �JS )B, .47 J5 p� N tl, an yw .'4 Cooperative 106.81 7 / s\ ktP o: r 1 \ m, x?..,.a_� 43220-- \Q, too 0 F '0 o O' S P d 3y6 11 5,96h3 375.613 424 77825 nc o /,3 8/ , y 320796 I24.23 \1 - 50.64 ',' \ Power Association Easement• W. Per And 65 Drainage an Utility 5.' Easement 164.12 - 3748 -,:' 263.11 MIDWEST Land Surveyors & Civil Engineers, Inc. 2638.29 263.34 1 349.33 N8975.48'W • q ✓0 /•_.3/ J° aI ti NI ° °°OI 15 South Line -- NWI /4 -NEI /4 n i Sec9- T31N -822W J . h A qQ 212.89 37.49 37 /.49 - N89 °3528 "IV ., DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: II 5- -5 10, 1 I Ho - - -± J LL - -- BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES, AND 10 FEET IN WIDTH AND ADJOINING REAR LOT LINES AND ADJOINING RIGHT -OF -WAY ONES UNLESS OTHERWISE SHOWN ON THE PLAT. NOTES: L' r � C•9�� I 7 7;9 " 7-703 J'J5 E )36. N89•5.28 -W 1I - 187 47 -4- - 67.05 - �'L 8 ',14711 V 294.76 o °J'D ' OUTLOT E - -1624. 77 N 00' 22' 52" E FOR THE PURPOSES OF THIS PLAT THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SEC.9-T3IN-R22W IS ASSUMED TO HAVE A BEARING OF 4189'35'30 "W. o - DENOTES 1/2 INCH BY 14 INCH IRON PIPE MONUMENT SET, MARKED WITH A PLASTIC CAP INSCRIBED "RLS 19421" • - DENOTES MONUMENT FOUND - `, Rural Cooperative Power ! 900.64 -,n - Associatotion n Easement Per -- Doc. No. 320796. - - And Drainage and Utility Easement 1 GRAPHIC SCALE 60 0 4o s0 160 SCALE IN FEET 1 inch = 80 feet • AGENDA ITEM 2A & B STAFF ORIGINATOR Al Rolek MEETING DATE May 22, 2006 TOPIC Consideration of Resolution 06 -85 Providing For The Issuance And Sale Of Approximately $2,710,000 General Obligation Tax Abatement Bonds, Series 2006A and Resolution 06 -86 Providing For The Issuance And Sale Of Approximately $570,000 General Obligation Utility Revenue Bonds, Series 2006B VOTE REQUIRED BACKGROUND Simple Majority The City Council has entered into an agreement to partner with the YMCA to build a facility in the Legacy at Woods Edge development. Through this agreement the City is donating land and infrastructure to the YMCA and will contribute $2,350,000 toward the construction of the facility. The YMCA and the City broke ground on this facility on May 10 of this year. To finance the cash contribution the City Council has discussed several options and has decided to issue and sell General Obligation Tax Abatement bonds. The abatements will be generated from the non -TIF portion of the Legacy development. A public hearing has been held and City Council action has been taken to establish this tax abatement district. Our financial advisor, Springsted, Inc. has issued their recommendation for the issuance of $2,710,000 G.O. Tax Abatement Bonds Series 2006A. A portion of this issue will be used to finance interest on the bonds (capitalized interest) in the first 2 -3 years until the abatement district begins to generate taxes. As a result of debt retirements and debt refundings, the city's debt levy is projected to decrease over the next three years. The abatement levy for the Target and Kohl's commitments will also be reduced to zero by 2009. The combination of these will create sufficient levy capacity to pay the capitalized interest through a tax levy. The amount of bonds to be issued may be reduced if the city council is willing to use the levy capacity made available through the referenced reductions to pay the capitalized interest. This possibility can be discussed at the work session prior to the City Council meeting. In addition, the City Council will soon consider approval of public improvement projects for County Road 49 Watermain Improvements (in conjunction with the Anoka County bridge replacement project) and Lois Lane Street and Utility Improvements. To finance the improvements to be made in these projects it is necessary to issue and sell General Obligation Utility Revenue bonds. Springsted, Inc. has issued their recommendation for the issuance of $3,945,000 G.O. Improvement Refunding Bonds Series 2005B. If approved, the sale of these two issues would occur on June 26, 2006, with consideration for award by the City Council at its meeting the same day. The Series 2006A issue would have a 15- year term and would be repaid through the tax abatement district. The Series 2006B issue would would have a 10 -year term and would be repaid through utility and trunk fees. Staff recommendation is for the City Council, in separate actions, to approve Resolution 06 -85 providing for the issuance and sale of $2,710,000 G.O. tax Abatement Bonds, Series 2006A and Resolution 06 -86 providing for the issuance and sale of $570,000 G.O. Utility Revenue Bonds, Series 2006B. OPTIONS 1. Adopt Resolutions 06 -85 and 06 -86. 2. Refer to Staff for further review. 3. Deny Resolutions 06 -85 and 06 -86. RECOMMENDATION Option 1 • • • • Fq ed May 16, 2006 Mr. Alan Rolek, Finance Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Re: Recommendations for the Issuance of: $2,710,000 General Obligation Tax Abatement Bonds, Series 2006A $570,000 General Obligation Utility Revenue Bonds, Series 2006B Dear Mr. Rolek: Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101 -2887 Tel: 651 - 223 -3000 Fax: 651 - 223 -3002 www.springsted.com We have enclosed an electronic copy of our recommendations for the above - captioned issues for distribution to Council members and City staff prior to your meeting on Monday, May, 22, 2006 We have also enclosed under separate cover contract amendments for services relating to continuing disclosure and arbitrage rebate to include these Issues. If the City wishes to continue to engage Springsted for these services for the new issues, please sign the amendments and return them to us. If you should have any questions pertaining to the enclosed documents, or if you require additional copies, please do not hesitate to contact us. Sincerely, ektiabte Wt. qa994ot Christine M. Hogan Project Manager ss Enclosures - 5 4 - Public Sector Advisors • Recommendations For City of Lino Lakes, Minnesota $2,710,000* General Obligation Tax Abatement Bonds, Series 2006A $570,000 General Obligation Utility Revenue Bonds, Series 2006B *Preliminary; Subject to change Presented to: Honorable John Bergeson, Mayor Members, City Council Mr. Gordon Heitke, City Administrator Mr. Alan Rolek, Finance Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Study No.: L0502Z2 SPRINGSTED Incorporated May 16, 2006 Springsted • • RECOMMENDATIONS Re: Recommendations for the Issuance of : $2,710,000* General Obligation Tax Abatement Bonds, Series 2006A (the "Abatement Bonds ") $570,000 General Obligation Utility Revenue Bonds, Series 2006B (the "Utility Bonds ") (the "Bonds" or the "Issues ") We respectfully request your consideration of our recommendations for the above -named Issues. The proceeds of the Abatement Bonds will be used to finance a joint project between the City and the YMCA of Greater St. Paul ( "YMCA "), as per a Development Agreement dated May 1, 2006 for the acquisition and construction of a YMCA facility within the City. The proceeds of the Utility Bonds will be used to finance water and sewer infrastructure related to two projects within the City. We recommend the following for the Bonds: 1. Action Requested 2. Sale Date and Time 3. Method of Sale 4. Amount of the *Preliminary; Subject to change To establish the date and time of receiving bids and establish the terms and conditions of the offerings. Monday, June 26, 2006 at 12:00 Noon, with consideration for award by the City Council at 6:30 P.M. that same day. The Bonds will be sold through a competitive bidding process. In the interest of obtaining as many bids as possible, we have included a provision in the attached official Terms of Proposal for underwriters to submit their bids electronically through the electronic bidding platform of PARITY® In addition, physical bids (by phone or fax) will be accepted at the offices of Springsted. Abatement Bonds - $2,710,000* Utility Bonds - $570,000 Included in the Terms of Proposal for the Abatement Bonds is a provision that permits the City to increase or reduce the principal amount of the Abatement Bonds in any of the maturities. This allows for any necessary adjustments that may be required based on final interest rates or issuance costs. - 5 6 - • • • City of Lino Lakes, Minnesota May 16, 2006 5. Authority for the Issue 6. Repayment Terms 7. Security and Source of Payment (a) Security (b) Source of Payment (c) Payment Cycle 8. Prepayment Provisions The Bonds are being issued pursuant to Minnesota Statutes, Chapter 475. In addition, the Abatement Bonds are being issued pursuant to Minnesota Statutes, Chapter 469 and the Utility Bonds are being issued pursuant to Minnesota Statutes, Chapter 444. The Abatement Bonds will mature annually February 1, 2011 through 2023. The Utility Bonds will mature annually February 1, 2008 through 2017. Interest on both series of Bonds will be payable semi- annually each February 1 and August 1, commencing February 1, 2007. The Bonds will be general obligations of the City secured by its full faith and credit and taxing power. The Abatement Bonds will be repaid with tax abatement revenues. The Utility Bonds will be repaid from net revenues of the City's water and sewer utilities. In regards to the Abatement Bonds, each year's collection of tax abatement revenues will be used to make the August 1 interest payment in the year of collection and the February 1 principal and interest payment in the following year. Included in the par amount of the Abatement Bonds, is capitalized interest in the amount necessary to make the interest payments due February 1, 2007 through February 1, 2009. In regards to the Utility Bonds, net revenues of the City's water and sewer utilities will be available to make the debt service payments as they come due. In regards to the Abatement Bonds, the City may elect on February 1, 2017 and any day thereafter, to prepay the Bonds due on or after February 1, 2018 at a price of par plus accrued interest. In regards to the Utility Bonds, they will not be callable prior to their stated maturity dates. - 5 7 - Page 2 City of Lino Lakes, Minnesota May 16, 2006 9. Credit Rating Comments 10. Term Bonds 11. Federal Treasury Regulations Concerning Tax - Exempt Obligations (a) Bank Qualification (b) Rebate Requirements • An application will be made to Moody's Investors Service for a rating on the Bonds. The City's general obligation debt is currently rated "Al". We have included a provision on the Bonds that permits the underwriters to combine multiple maturity years into a term bond, subject to mandatory redemption on the same maturity schedule provided in the Terms of Proposal. The advantage to the underwriter is that it provides large blocks of bonds, which are more attractive to bond funds, and certain pension funds. This in turn is a benefit to the City since selling larger blocks of bonds reduces the risk to the underwriter, allowing them to lower their costs and the interest coupons. Since the Bonds are being offered on a competitive bid basis and awarded on the lowest true interest cost, the City will award the Bonds to the best bid regardless of whether term bonds are chosen or not. Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, expense that is allocable to carrying and acquiring tax - exempt bonds. There is an exemption to this for "bank qualified" bonds, which can be so designated if the issuer does not issue more than $10 million of tax - exempt bonds in a calendar year. Issues that are bank qualified generally receive slightly lower interest rates than issues that are not bank qualified. Since the City expects to issue less than $10 million of tax - exempt obligations in 2006, these Issues are designated as bank qualified. All tax - exempt issues are subject to the federal arbitrage and rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S. Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. There are exemptions from rebate that may apply in both of these categories. Bond proceeds, defined generally as both the original principal of the issue and the investment earnings on the principal may qualifiy for the 6 -month , 18 -month and - 5 8 - Page 3 • • • City of Lino Lakes, Minnesota May 16, 2006 24 -month spend down exemption periods. Both the 18- month and 24 -month expenditure exceptions requrie a certain percentage of the proceeds to be spent within 6 month intervals. If all of the proceeds are expended during one of those exemption periods, the issuer is exempt from rebate and may retain the excess earnings. It is our understanding that the City expects to meet the 24 -month expenditure exception for both Issues. Please note that although the City may expect to meet an expenditure exception the exceptions are based on actual expenditures not expectations. Springsted currently provides arbitrage rebate services to the City under a separate contract. An amendment to that contract adding these Issues has been provided to City staff. (c) Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund for the Issues or be subject to yield restriction. This requires restricting the investments held in the debt service fund to the yield on the Bonds. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with carry over permitted equal to the greater of the investment earnings in the fund for the prior year or 1/12 the debt service of the prior year. (d) Economic Life The average life of the Bonds cannot exceed 120% of the economic life of the projects to be financed. 12. Continuing Disclosure The project being financed with the proceeds of the Abatement Bonds has an economic life of at least 20 years. The average life of the Abatement Bonds is 11.995 years. The project being financed with the proceeds of the Utility Bonds has an economic life of at least 20 years. The average life of the Utility Bonds is 6.369 years. Therefore, both series of Bonds meet the economic life requirements. The Bonds are subject to continuing disclosure requirements set forth by the Securities and Exchange Commission (SEC). The SEC rules require the City to undertake an annual update of certain Official Statement information and report any material events to the national repositories. - 5 9 - Page 4 • • • City of Lino Lakes, Minnesota May 16, 2006 13. Attachments The Abatement Bonds Springsted currently provides continuing disclosure services for the City under a separate contract. An amendment to that contract adding these Issues has been provided to City staff. The Abatement Bonds • Sources and Uses • Debt Service Schedules The Utility Bonds • Sources and Uses • Debt Services Schedules • Assessment Income Terms of Proposals DISCUSSION The proceeds of the Abatement Bonds will be used to finance a joint project between the City and the YMCA of Greater St. Paul ( "YMCA "), as per a Development Agreement dated March 1, 2006. The project consists of construction of YMCA facility within the City (the "Project "). The YMCA facility will be approximately 50,000 square feet and includes a teen center, gym, indoor pool, cardiovascular /strength training area, aerobic studio, family program space and Kids Stuff. The sources and uses for the Bonds are shown on page 8. Principal of the Abatement Bonds will only be repaid from the City levy portion of tax abatements derived from specified properties within the Tax Abatement District in Legacy at Woods Edge as stated in the Resolution approving the property tax abatements (the "Tax Abatement Parcels ") for the Project. Taxes may be abated within the Tax Abatement Parcels for a period of 15 years, commencing in levy year 2007 payable 2008. The projected tax abatement revenue has been prepared by Springsted and City staff. Excess abatement revenues, not used to pay principal, will be used to pay interest on the Bonds. We have included in the par amount of the Abatement Bonds, capitalized interest in the amount necessary to make the interest payments due February 1, 2007 through February 1, 2009. Beginning with the 2007 levy and 2008 collection of tax abatement revenue, each years collection of tax abatement revenues will be used to make the interest payment due on August 1 in the year of collection and the principal and interest payment due on February 1 of the following year. - 6 0 - Page 5 • • • City of Lino Lakes, Minnesota May 16, 2006 We have structured the Abatement Bonds over a term of 17 years from the dated date, with principal retirement beginning in 2011. The debt service schedule for the Abatement Bonds is shown on page 9 and includes the projected tax abatement revenues (column 7) that are expected to be available to make the debt service payments on the Abatement Bonds. Page 9 shows the following information: • Columns 1 through 4 show the principal payment dates, annual principal amounts, estimated interest rates and total principal and interest, given the current market environment. • Column 5 shows the capitalized interest needed to pay the interest payments due through February 1, 2009. • Column 6 shows the 5% overlevy which is required by State statutes and serves as a protection to bondholders and the City in the event of delinquencies in the collection of tax abatement revenues. • Column 7 shows the projected tax abatement revenues. • Column 8 shows the difference between column 6 and column 7, which represents the City's annual surplus and/or deficit. The Utility Bonds The Utility Bonds will be used to finance improvements to the City's water utility and sewer utility related to the following projects (i) the County Road 49 watermain project; and (ii) the Lois Lane watermain project. The sources and uses for the Utility Bonds are shown on page 10. Page 10 shows the project amount, the costs of issuance and the underwriter's discount. The County Road 49 watermain project will be repaid from net revenues of the City's water utility and the Lois Lane watermain project will be repaid from net revenues of the City's water and sewer utilities. In addition to net revenues of the utilities, the City expects to use assessment income, as available, to pay a portion of the debt service on the Lois Lane watermain project. The assessment income will be based on a principal amount of $186,572 paid over a term of 15 years with level payments of principal and interest. Interest on the unpaid balance will be charged at 7 %. Pursuant to Minnesota Chapter 444 and the resolution authorizing the Utility Bonds, the City will covenant to maintain water and sewer rates in an amount sufficient to generate revenues sufficient to support the operation of the water and sewer utilities and to pay debt service. The City is required to annually review the budget of the utilities to determine whether current rates and charges are sufficient and to adjust them as necessary. The Utility Bonds have been structured with even annual debt service payments over a term of 10 years. The debt service for the Utility Bonds is shown on page 11. Page 11 shows the proportionate share of debt service to be paid from the City's water utility and trunk fund respectively. Page 12 shows the debt service for the Lois Lane project showing the projected assessment income and net debt service payable from the Trunk Fund. - 6 1 - Page 6 • • City of Lino Lakes, Minnesota May 16, 2006 The City has three outstanding bond issues for which a portion of the debt service is payable from the net revenues of the Utilities. The table below shows the net revenues available for debt service of the City's Utilities for fiscal year ending 2005 and the projected maximum debt service payable in any future year on the outstanding Bonds and the Utility Bonds. 2004 Net Revenues Operating Revenues Operating Expenses Add: Depreciation Add: Interest Earnings Net Revenues Available for Debt Service Less Max Annual DS on Existing Bonds Net Revenues Available to Debt Service on the Utility Bonds Water Utility Sewer Utility $979,075 $1,280,652 (765,810) (1,130,994) 322,835 376,800 8,846 25,987 $544,946 $552,445 ($482,773) $62,173 $552,445 The net revenues of the water and sewer utilities that are available to pay debt service on the Utility Bonds are estimated to be $614,618. The maximum debt service on the Utility Bonds is estimated to be $43,340. Springsted Incorporated is pleased again to be of assistance to the City of Lino Lakes. Respectfully submitted, SPRINGSTED Incorporated ss Provided to Staff: Continuing Disclosure and Arbitrage Rebate Contract Amendments - 6 2 - Page 7 $2,710,000 City of Lino Lakes, Minnesota General Obligation Tax Abatement Bonds Series 2006A Sources & Uses Dated 07/15/2006 i Delivered 07/15/2006 Sources Of Funds Par Amount of Bonds $2,710,000.00 Total Sources $2,710,000.00 Uses Of Funds Deposit to Project Construction Fund 2,350,000.00 Deposit to Capitalized Interest (CIF) Fund 294,366.78 Costs of Issuance 32,650.00 Total Underwriter's Discount (1.100 %) 29,810.00 Rounding Amount 3,173.22 Total Uses $2,710,000.00 2006 T.vx Abatement Bonds / SINGLE PURPOSE / 5/15/2006 / '2:161Z1 Springsted - 6 3 - Page 8 • • • $2,710,000 City of Lino Lakes, Minnesota General Obligation Tax Abatement Bonds Series 2006A NET DEBT SERVICE vs. REVENUE Date Principal Coupon Interest Total P +I Capitalized 105% Overlevy Abatement Annual Surplus/ Interest Revenue (Deficit) (1) (2) (3) (4) (5) (6) (7) (8) 02/01/2007 62,986.78 62,986.78 (62,986.78) - 02/01/2008 - 115,690.00 115,690.00 (115,690.00) - - - 02/01 /2009 115,690.00 115,690.00 (115,690.00) 42,443.00 42,443.00 02/01/2010 - 115,690.00 115,690.00 - 121,474.50 83,261.00 (38,213.50) 02/01/2011 45,000.00 3.800% 115,690.00 160,690.00 168,724.50 169,648.00 923.50 02/01/2012 100,000.00 3.900% 113,980.00 213,980.00 224,679.00 228,048.00 3,369.00 02/01/2013 145,000.00 4.000% 110,080.00 255,080.00 267,834.00 267,705.00 (129.00) 02/01/2014 160,000.00 4.050% 104,280.00 264,280.00 - 277,494.00 277,082.00 (412.00) 02/01/2015 175,000.00 4.100% 97,800.00 272,800.00 - 286,440.00 286,787.00 347.00 02/01/2016 190,000.00 4.150% 90,625.00 280,625.00 - 294,656.25 296,831.00 2,174.75 02/01/2017 210,000.00 4.200% 82,740.00 292,740.00 - 307,377.00 307,228.00 (149.00) 02/01/2018 225,000.00 4.250% 73,920.00 298,920.00 313,866.00 317,988.00 4,122.00 02/01/2019 245,000.00 4.300% 64,357.50 309,357.50 324,825.38 329,125.00 4,299.63 02/01/2020 270,000.00 4.350% 53,822.50 323,822.50 340,013.63 340,652.00 638.38 02/01/2021 290,000.00 4.400% 42,077.50 332,077.50 348,681.38 352,582.00 3,900.63 02/01/2022 315,000.00 4.450% 29,317.50 344,317.50 361,533.38 364,929.00 3,395.63 02/01/2023 340,000.00 4.500% 15,300.00 355,300.00 373,065.00 377,709.00 4,644.00 Total $2,710,000.00 - $1,404,046.78 $4,114,046.78 (294,366.78) $4,010,664.00 $4,042,018.00 $31,354.00 Dated 7/15/2006 Delivery Date 7/15/2006 First Coupon Date 2/01/2007 Yield Statistics Bond Year Dollars $32,505.44 Average Life 11.995 Years Average Coupon 4.3194203% Net Interest Cost (NIC) 4.4111281% True Interest Cost (TIC) 4.4305219% Bond Yield for Arbitrage Purposes 4.3095662% All Inclusive Cost (AIC) 4.5650098% 2006 Tax Abatement Bonds / DINGLE PURPOSE / 5/75/2006 / 2:13 Pill Spr ngsted - 6 4 - Page 9 $570,000 City of Lino Lakes, Minnesota General Obligation Utility Revenue Bonds Series 2006B Total Issue Sources And Uses Dated 07/15/2006 I Delivered 07/15/2006 County Road 49 Issue Watermain Lois Lane Summary Sources Of Funds Par Amount of Bonds $235,000.00 $335,000.00 $570,000.00 Total Sources $235,000.00 $335,000.00 $570,000.00 Uses Of Funds County Road 19 Watermain 220,000.00 325,000.00 545,000.00 Costs of Issuance 6,967.54 9,932.46 16,900.00 Total Underwriter's Discount (1.400 %) 3,290.00 4,690.00 7,980.00 Rounding Amount 4,742.46 (4,622.46) 120.00 Total Uses $235,000.00 $335,000.00 $570,000.00 200651.t1ityBonds 10 YR / Issue Summary / 5/15/2006 / 1:07 PM Sp. i d - 6 5 - Page 10 $570,000 City of Lino Lakes, Minnesota General Obligation Utility Revenue Bonds Series 2006B DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P +I Water Fund Trunk Fund (1) (2) (3) (4) (5) (6) 02/01/2007 12,262.25 12,262.25 5,057.89 7,204.36 02/01/2008 50,000.00 3.650% 22,522.50 72,522.50 29,290.00 43,232.50 02/01/2009 50,000.00 3.700% 20,697.50 70,697.50 28,560.00 42,137.50 02/01/2010 50,000.00 3.750% 18,847.50 68,847.50 27,820.00 41,027.50 02/01/2011 50,000.00 3.800% 16,972.50 66,972.50 27,070.00 39,902.50 02/01/2012 55,000.00 3.900% 15,072.50 70,072.50 31,310.00 38,762.50 02/01/2013 60,000.00 4.000% 12,927.50 72,927.50 30,335.00 42,592.50 02/01/2014 60,000.00 4.050% 10,527.50 70,527.50 29,335.00 41,192.50 02/01/2015 60,000.00 4.100% 8,097.50 68,097.50 28,322.50 39,775.00 02/01/2016 65,000.00 4.150% 5,637.50 70,637.50 27,297.50 43,340.00 02/01/2017 70,000.00 4.200% 2,940.00 72,940.00 31,260.00 41,680.00 Total $570,000.00 $146,504.75 $716,504.75 $295,657.89 $420,846.86 SIGNIFICANT DATES Dated Date 7/15/2006 Delivery Date 7/15/2006 First Coupon Date 2/01/2007 Yield Statistics Bond Year Dollars $3,630.33 Average Life 6.369 Years Average Coupon 4.0355730% Net Interest Cost (NIC) 4.2553875% True Interest Cost (TIC) 4.2871625% Bond Yield for Arbitrage Purposes 4.0278020% All Inclusive Cost (AIC) 4.8535706% IRS Form 8038 Net Interest Cost 4.0355730% Weighted Average Maturity 6.369 Years 20Ol16 Utility Rods /O YR / 1.uwr Summary / 5/15/2006 / I:OO PM Springsted - 6 6 - Page 11 $335,000 City of Lino Lakes, Minnesota General Obligation Utility Revenue Bonds Series 2006B Net Debt Service Schedule for Lois Lane Project Date Principal Coupon Interest Total P +I 105% of Total Assessment Trunk Fund 02/01/2007 - 7,204.36 7,204.36 7,564.58 - 7,564.58 02/01/2008 30,000.00 3.650% 13,232.50 43,232.50 45,394.13 20,819.63 24,574.50 02/01/2009 30,000.00 3.700% 12,137.50 42,137.50 44,244.38 20,819.63 23,424.75 02/01/2010 30,000.00 3.750% 11,027.50 41,027.50 43,078.88 20,819.63 22,259.25 02/01/2011 30,000.00 3.800% 9,902.50 39,902.50 41,897.63 20,819.63 21,078.00 02/01/2012 30,000.00 3.900% 8,762.50 38,762.50 40,700.63 20,819.64 19,880.99 02/01/2013 35,000.00 4.000% 7,592.50 42,592.50 44,722.13 20,819.62 23,902.51 02/01/2014 35,000.00 4.050% 6,192.50 41,192.50 43,252.13 20,819.64 22,432.49 02/01/2015 35,000.00 4.100% 4,775.00 39,775.00 41,763.75 20,819.63 20,944.12 02/01/2016 40,000.00 4.150% 3,340.00 43,340.00 45,507.00 20,819.64 24,687.36 02/01/2017 40,000.00 4.200% 1,680.00 41,680.00 43,764.00 20,819.64 22,944.36 Total $335,000.00 $85,846.86 $420,846.86 $441,889.20 $208,196.33 $233,692.87 Dated 7/15/2006 Delivery Date 7/15/2006 First Coupon Date 2/01/2007 Yield Statistics Bond Year Dollars $2,127.39 Average Life 6.350 Years Average Coupon 4.0353158% Net Interest Cost (NIC) 4.2557738% True Interest Cost (TIC) 4.2875877% Bond Yield for Arbitrage Purposes 4.0278020% All Inclusive Cost (AIC) 4.8556566% IRS Form 8038 Net Interest Cost 4.0353158% Weighted Average Maturity 6.350 Years 2006R Utility Bonds 1018 / Lois Line / 5/15/2006 / 3.25 IM Springsted - 6 7 - Page 12 • THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: • • TERMS OF PROPOSAL $2,710,000* CITY OF LINO LAKES, MINNESOTA GENERAL OBLIGATION TAX ABATEMENT BONDS, SERIES 2006A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, June 26, 2006, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. OR (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY`. For purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the official time with respect to all Bids submitted to PARITY ®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY. The City is using the services of PARITY® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY ®, this Terms of Proposal shall control. Further information about PARITY ®, including any fee charged, may be obtained from: PARITY®, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849 -5000 - 6 8 - Page 13 DETAILS OF THE BONDS The Bonds will be dated July 15, 2006, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2007. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2011 $ 45,000 2012 $100,000 2013 $145,000 2014 $160,000 2015 $175,000 2016 $190,000 2017 $210,000 2018 $225,000 2019 $245,000 2020 $270,000 2021 $290,000 2022 $315,000 2023 $340,000 The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be made in multiples of $5, 000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2017, and on any day thereafter, to prepay Bonds due on or after February 1, 2018. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. -69- Page 14 • • SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge tax abatement revenues. The proceeds will be used to finance a joint project between the City and the YMCA of Greater St. Paul pursuant to a development agreement. TYPE OF PROPOSALS Proposals shall be for not less than $2,680,190 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $27,100, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. - 7 0 - Page 15 • • • CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2- 12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 105 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated May 22, 2006 BY ORDER OF THE CITY COUNCIL - 7 1 - /s/ Julie Bartell City Clerk Page 16 • THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: or TERMS OF PROPOSAL $570,000 CITY OF LINO LAKES, MINNESOTA GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2006B (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, June 26, 2006, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. OR (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY. For purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the official time with respect to all Bids submitted to PARITY. Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY'. The City is using the services of PARITY® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY ®, this Terms of Proposal shall control. Further information about PARITY ®, including any fee charged, may be obtained from: PARITY®, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849 -5000 - 7 2 - Page 17 • • DETAILS OF THE BONDS The Bonds will be dated July 15, 2006, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2007. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2008 $50,000 2009 $50,000 2010 $50,000 2011 $50,000 2012 $55,000 2013 $60,000 2014 $60,000 2015 $60,000 2016 $65,000 2017 $70,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge net revenues of the City's water and sewer funds. The proceeds will be used to finance various utility improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $562,020 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $5,700, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety - 7 3 - Page 18 Et• • Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2- 12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. - 7 4 - Page 19 M • OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 50 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated May 22, 2006 BY ORDER OF THE CITY COUNCIL - 7 5 - /s/ Julie Bartell City Clerk Page 20 Extract of Minutes of Meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota, was held at the City Hall in the City on Monday, May 22, 2006, commencing at 6:30 P.M. The following members of the Council were present: and the following were absent: * ** The following written resolution was presented by Councilmember who moved its adoption, the reading of which had been dispensed with by unanimous consent: RESOLUTION NO. 06 -86 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $570,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2006B BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (the "City ") as follows: 1. It is determined that: (a) the City engineer has recommended the construction of various improvements to the City's utility system (the "Project "). (b) the City is authorized by Minnesota Statutes, Section 444.075 (the "Act ") to finance all or a portion of the cost of the Project (the "Project Costs ") by the issuance of general obligation bonds of the City payable from the net revenues of the utility system. The Project Costs are presently estimated by the engineer to be as follows: • • • Project Designation & Description: Total Project Cost County Road 19 Watermain and Lois Lane Project Costs $545,000 Costs of Issuance 16,900 Underwriter's Discount 7,980 Rounding Amount 120 Total $570,000 (c) it is necessary and expedient to the sound financial management of the affairs of the City to issue $570,000 General Obligation Utility Revenue Bonds, Series 2006B (the "Bonds ") pursuant to the Act to provide financing for the Project. 2. In order to provide financing for the Project, the City will therefore issue and sell Bonds in the amount of $562,020. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $7,980. The excess of the purchase price of the Bonds over the sum of $562,020 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Proposal: (The remainder of this page is intentionally left blank.) • eta fib THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,710,000* CITY OF LINO LAKES, MINNESOTA GENERAL OBLIGATION TAX ABATEMENT BONDS, SERIES 2006A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, June 26, 2006, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. OR (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY ®. For purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the official time with respect to all Bids submitted to PARITY ®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY ®. The City is using the services of PARITY® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. • • If any provisions of this Terms of Proposal conflict with information provided by PARITY ®, this Terms of Proposal shall control. Further information about PARITY ®, including any fee charged, may be obtained from: PARITY ®, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849 -5000 DETAILS OF THE BONDS The Bonds will be dated July 15, 2006, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2007. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2011 $ 45,000 2015 $175,000 2018 $225,000 2021 $290,000 2012 $100,000 2016 $190,000 2019 $245,000 2022 $315,000 2013 $145,000 2017 $210,000 2020 $270,000 2023 $340,000 2014 $160,000 The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be made in multiples of $5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken by the successful bidder will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. • • • REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2017, and on any day thereafter, to prepay Bonds due on or after February 1, 2018. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge tax abatement revenues. The proceeds will be used to finance a joint project between the City and the YMCA of Greater St. Paul pursuant to a development agreement. TYPE OF PROPOSALS Proposals shall be for not less than $2,680,190 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $27,100, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5 /100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. es AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. • • 1 CONTINUING DISCLOSURE In accordance with SEC Rule 15c2- 12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 105 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated May 22, 2006 BY ORDER OF THE CITY COUNCIL /s/ Julie Bartell City Clerk • • • 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 6:30 o'clock P.M. on Monday, June 26, 2006, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. 4. The law firm of Kennedy & Graven, Chartered, as bond counsel for the City, is authorized to act as bond counsel and to assist in the preparation and review of necessary documents, certificates and instruments relating to the Bonds. The officers, employees and agents of the City are hereby authorized to assist Kennedy & Graven, Chartered in the preparation of such documents, certificates, and instruments. 5. In the resolution awarding the sale of the Bonds the City Council will set forth the covenants and undertakings required by the Act. (The remainder of this page is intentionally left blank.) I. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: whereupon the resolution was declared duly passed and adopted. • STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES I, the undersigned, being the duly qualified and acting Clerk of the City of Lino Lakes, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Monday, May 22, 2006, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of approximately $2,710,000 General Obligation Tax Abatement Bonds, Series 2006A of the City. WITNESS My hand as City Clerk and the corporate seal of the City this day of , 2006. (SEAL) 290620v1(SJB) LN 140 -92 City Clerk City of Lino Lakes, Minnesota • • • Extract of Minutes of Meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota, was held at the City Hall in the City on Monday, May 22, 2006, commencing at 6:30 P.M. The following members of the Council were present: and the following were absent: * ** The following written resolution was presented by Member who moved its adoption the reading of which had been dispensed with by unanimous consent: RESOLUTION NO. 06 -85 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMATELY $2,710,000 GENERAL OBLIGATION TAX ABATEMENT BONDS, SERIES 2006A BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (the "City ") as follows: 1. In furtherance of a cooperative program under Minnesota Statutes, Sections 471.15 to 471.191 (the "Recreation Act "), the City and the YMCA of Greater St. Paul ( "YMCA ") have entered into an agreement titled Amended and Restated Development Agreement, to be dated March 13, 2006 (the "Development Agreement "). The Development Agreement describes the parties' respective responsibilities in the construction and operation of an approximately 45,000 square foot recreational facility in the City (the "Facility ") to be located on property within a larger development known as the Legacy at Woods Edge. Under the Development Agreement, the City has agreed, among other things, to contribute funds toward construction of the Facility (the "Project "). • • • 2. It is hereby determined that: (a) the City is authorized by Minnesota Statutes, Section 469.1813 (the "Act ") to issue and sell general obligation bonds in an amount equal to the sum of abatements granted for a property; (b) pursuant to a resolution adopted by the City Council of the City on March 13, 2006, the City Council approved a property tax abatement for certain property in the City in an amount sufficient to pay the principal and interest on bonds in a maximum principal amount of $2,715,000; and (c) it is necessary and expedient to the sound financial management of the affairs of the City to issue its General Obligation Tax Abatement Bonds, Series 2006A (the "Bonds ") pursuant to the Act to provide financing for the Project. 3. To provide financing for the Project, the City will therefore issue and sell the Bonds in the amount of $2,680,190. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $29,810. The excess of the purchase price of the Bonds over the sum of $2,680,190 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the teiiiis of the following Official Terms of Proposal: (The remainder of this page is intentionally left blank.) THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $570,000 CITY OF LINO LAKES, MINNESOTA GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2006B (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, June 26, 2006, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. OR (b) Electronic Biddinz Notice is hereby given that electronic proposals will be received via PARITY ®. For purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the official time with respect to all Bids submitted to PARITY ®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY® shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY ®. The City is using the services of PARITY® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. • • • If any provisions of this Terms of Proposal conflict with information provided by PARITY ®, this Terms of Proposal shall control. Further information about PARITY ®, including any fee charged, may be obtained from: PARITY ®, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849 -5000 DETAILS OF THE BONDS The Bonds will be dated July 15, 2006, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2007. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts as follows: 2008 $50,000 2009 $50,000 2010 $50,000 2011 $50,000 2012 $55,000 2013 $60,000 2014 $60,000 2015 $60,000 2016 $65,000 2017 $70,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge net revenues of the City's water and sewer funds. The proceeds will be used to finance various utility improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $562,020 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $5,700, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are 111 awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5 /100 or 1/8 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD • The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the teiiiis herein. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2- 12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 50 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes • • • of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated May 22, 2006 BY ORDER OF THE CITY COUNCIL - 9 2 - /s/ Julie Bartell City Clerk • 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 6:30 P.M. on Monday, June 26, 2006, to consider proposals on the Bonds and take other appropriate action with respect to the Bonds. 4. The law firm of Kennedy & Graven, Chartered, as bond counsel for the City, is authorized to act as bond counsel and to assist in the preparation and review of necessary documents, certificates and instruments relating to the Bonds. The officers, employees and agents of the City are hereby authorized to assist Kennedy & Graven, Chartered in the preparation of such documents, certificates, and instruments. 5. In the resolution awarding the sale of the Bonds the City Council will set forth the covenants and undertakings required by the Act. (The remainder of this page is intentionally left blank.) w ir• The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: whereupon the resolution was declared duly passed and adopted. M • • 1 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES I, the undersigned, being the duly qualified and acting Clerk of the City of Lino Lakes, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Monday, May 22, 2006, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of $570,000 General Obligation Utility Revenue Bonds, Series 2006B of the City. WITNESS My hand as City Clerk and the corporate seal of the City this day of , 2006. (SEAL) 290625v1(SJB) LN 140 -95 City Clerk City of Lino Lakes, Minnesota • • STAFF ORIGINATOR: MEETING DATE: TOPIC VOTE REQUIRED: BACKGROUND: AGENDA ITEM 3B Julie Bartell, City Clerk May 22, 2006 Consider 2006 Liquor, Wine and Beer License Renewals Simple Majority (3/5 Vote Required) All liquor, wine, beer (3.2) and dance licenses in the City of Lino Lakes expire on June 30, 2006. Staff has been working with the license holders to put in place all renewal information so as to allow for Council consideration at this time. A majority of these licenses require review by the Minnesota Department of Public Safety Alcohol and Gambling Division and it is appropriate to allow a 30 day period, after Council consideration, for that review. I am attaching a list of the establishments that have submitted renewal applications. As indicated, the applicants have completed the necessary documentation addressing state and local requirements for the license they request. Please note that the renewal requests for 3.2 beer licenses will be coming forward at the next Council meeting as those licenses do not require state approval. The Police Department has completed background investigations for the applicants and has indicated no new information that would lead to a denial of any of these licenses. Also, the Council has addressed issues relating to compliance at a hearing with subsequent actions. OPTIONS: 1. Adopt Resolution 06 -90 approving renewal of liquor, wine, beer and dance licenses for the period of July 1, 2006 through June 30, 2007. 2. Deny any or all of said licenses. ATTACHMENT: II1. 2006 Liquor, Wine, Beer and Dance License Renewal List Ppplicant 2006 Liquor, Wine, Beer and Dance License Renewals License Type Background Insurance Fees Steve Arhip, Jr, Lakes Liquor of Lino Lakes 7860 Lake Drive (55014) LTV & Associates, Inc. d/b /a/ J &K Liquors 6013 Hodgson Road (55014) Eagle Liquor and Tobacco, Inc. d/b /a Eagle Liquor and Tobacco 730 Apollo Drive, #190 (55014) Spirit Hills Wine & Liquor, Inc. d/b /a Spirit Hills Wine & Liquor 6501 Ware Road (55014) C.A. Wagner, Inc. d/b /a Miller's on Main 8001 Main St (55014) Trapper's Bar & Grill, LLC d/b /a Trapper's 6810 Lake Drive (55014) Red Oak Steaks & Wine, Inc. /a Red Oak 66 Lilac Street (55014) Circle Lex VFW Post 6583 7868 Lake Drive (55014) American Legion Post 566 7731 Lake Drive (55014) Michelle's Pizza, Ltd. d/b /a Mansetti's Pizza 6511 Ware Road (55014) Poblano's Mexican Restaurant, LLC d/b /a Poblano's Mexican Restaurant 730 Apollo Drive (55014) Anoka County Parks Chomonix Golf Course c/o Kevin Symens 646 Sandpiper Drive (55014) Target Corporation Store 1-1448 749 Apollo Drive (55014) Jason's Bobby & Steve's Auto IWorld 7090 21't Av (55038) Off Sale Off Sale x x x State Form X Off Sale x Off Sale, On Sale, Sunday, 2 a.m. Off Sale, On Sale, Sunday, 2 a.m., Dance x x On. Sale, Sunday On Sale Club, Sunday, Dance On Sale Club, Sunday x x x x On Sale Wine, Sunday, 3.2 On Sale On Sale Wine, Sunday, 3.2 On Sale x To be submitted (new co.) x 3.2 On Sale x x x x 3:2 Off Sale Updated Page 97 3.2 Off Sale Council Member introduced the following resolution and moved • its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 06 -90 APPROVING THE RENEWAL OF LIQUOR, WINE, BEER AND DANCE LICENSES FOR THE 2006/2007 LICENSING PERIOD WHEREAS, the licensing period for liquor, wine, beer and dance licenses in the City of Lino Lakes is one year, commencing on July 1 and ending on June 30 the following year; WHEREAS, the City Council is required to approve the renewal of liquor and wine licenses prior to State issuance of a license; WHEREAS, city staff has reviewed the renewal applications that have been submitted and verified that state and local licensing regulations are met; WHEREAS, the Lino Lakes Police Department has completed the required background investigations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City of Lino Lakes hereby adopts Resolution No. 06 -90 approving the renewal of liquor, wine, beer and dance licenses as set forth in Exhibit A that is attached to this resolution. Adopted by the Council of the City of Lino Lakes this 22th day of May, 2006. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: • • • • AGENDA ITEM 3c STAFF MEMBER Daniel Tesch, Director of Administration DATE 22 May 2006 SUBJECT Conditional Offer of Employment VOTE REQUIRED 3/5 BACKGROUND Last month, the city began the process of recruiting for the position of a general maintenance worker in our streets division. After reviewing applications, first interviews were set -up with Mr. Tom DeWolfe and myself. Finalists were then interviewed by myself and Department Director Rick DeGardner. It is staffs recommendation that a tentative offer of employment be made to Mr. Justin Williams. Mr. Williams received his experience in public works working for Washington County. This offer is contingent upon successful completion of our background check, physical and drug test. OPTIONS 1. Make a tentative offer of employment to Mr. Williams. RECOMMENDATION Number One. Lino Lakes Police Department 2005 Annual Report Table of Contents Page Mission Statement 3 Organizational Chart 4 2003 Employees 5 Awards Recognition Program 6 — 7 Team Policing 8 — 9 Crime Prevention Activity 10 — 12 Special Programs 12 —19 Special Units 20 — 27 Police Department Budget 28 Incident Statistics 29 - 35 Lino Lakes Police Department 2005 Annual Report 2 MISSION STATEMENT The Lino Lakes Police Department shall work cooperatively with the people: • by providing a safe community • by aggressively pursuing criminals • by promoting crime prevention partnerships • by increasing communications • by encouraging volunteerism, and; • continue to enhance and strengthen our Community Oriented Policing Philosophy. Lino Lakes Police Department 2005 Annual Report 3 Patrol :-'' Field Training Officers 2005 Lino Lakes Police Department Organizational Chart PUBLIC SAFETY David J. Pecchia Public Safety Director Public Safety Citizen Commission MIK Sergeant Administration MIS /Youth Resource Officer Property /Evidence investigation CommunitSerece Officers Sergeant — `...Patrol _. _.. _... Emergency Management Reserves /Explorers Patrol DARE K -9 Program. Equipment Lino Lakes Police Department 2005 Annual Report 4 Office Manager Record Management Data Practices Administrative Duties �VW�nfe�r� oar 2005 Employees ADMINISTRATION Public Safety Director /Chief of Police David J Pecchia PATROL Sergeants Steve Mortenson* Bill Hammes Kent Strege Kurt Rausch* Kelly McCarthy Officers Cliff Ross Timothy Ross Brandon Young Steve Wagner Matthew Vana Kyle Leibel Michael Rumpsa Mitch DeMars Casey Johnson Dale Hager Shawn Silvera (End of Watch September 6, 2005) Melissa Hagert Mike Monson Bill Kubes* Wayne Wegener Jr. Chris Bragelman Joel Martin Vince Klosner Tanya Tamm INVESTIGATION UNIT Adam Halverson YOUTH RESOURCE Melinda Brown James Carroll* Mike Monson CLERICAL UNIT Office Manager Renee Kaulfuss Records Technicians Jackie Bowdich Lori Hawkinson Crime Prevention Specialist / Volunteer Coordinator Karen Anderson COMMUNITY SERVICE OFFICERS William Owens Shane Quinn * Indicates officers that left the department during 2005 Lino Lakes Police Department 2005 Annual Report 5 AWARDS RECOGNITION PROGRAM The Lino Lakes Police Department always expects a high level of professional performance from its employees. All department members can nominate peers they feel have exceeded the high standards of the department. In 2005, the following employees were selected for Certificate of Commendation awards: 1st QUARTER — OFFICER MELINDA BROWN Officer Melinda Brown received recognition for her exceptional performance in coordinating, developing and implementing the first annual Middle School Public Safety Junior Academy. Through her professionalism and perseverance she demonstrated the ability to partner with several public safety agencies and the school district to create a memorable event for the middle school students. 2nd QUARTER — MULTIPLE OFFICERS Sergeant Hammes, Officers Steve Wagner, Mike Monson and Chris Bragelman were recognized for their role in the apprehension of a suicidal suspect who threatened a partner with a handgun and shot the family dog. He ultimately surrendered after a tense standoff with police. Through teamwork they were able to turn a volatile and potential homicidal situation into a felony arrest without injury to any officers or innocent neighbors. Lino Lakes Police Department 2005 Annual Report 6 3rd QUARTER — SUPERVISORY STAFF Chief Dave Pecchia, Sergeant Bill Hammes and Sergeant Kent Strege were recognized for their exceptional work and leadership following the death of Officer Shawn Silvera. They had a distinct and important role to perform following this tragedy. Their actions allowed both the Silvera family, as well as the members of the Lino Lakes Police Department to begin to deal with the grief of losing one of its own. They rose to the challenge and made the department proud of the work they did during those dark days. 4th QUARTER — OFFICER MELISSA HAGERT Officer Melissa Hagert was recognized for her exceptional performance in using her observation skills and training in locating two suspects and the vehicle they used in a first degree burglary. Through her dedication, due diligence, and teamwork she was able to solve the case by using her investigative skills. She was further officially recognized for her commitment and dedication to the successful implementation of the Explorer program. On behalf of the Lino Lakes Police Department we thank and commend each of you for your efforts! Lino Lakes Police Department 2005 Annual Report 7 Team Policing As a part of the department's on -going commitment to the Community Oriented Policing Philosophy we continue to incorporate "Team Policing" into our strategy. Officers are assigned to one of three teams to address specific problems in their geographic area of the city. Each team consists of officers who possess specialized training in various areas of police work. The teams are responsible for proactive crime prevention projects and problem solving strategies to increase the quality of life for all Lino Lakes residents. CENTRAL TEAM — Sergeant Strege Officer Tim Ross Officer Matthew Vana Officer Mitch DeMars Officer Dale Hager Officer Vince Klosner SOUTH TEAM — Sergeant Leibel Officer Cliff Ross Officer Mike Rumpsa Officer Kevin (Casey) Johnson Officer Mike Monson Officer Melissa Hagert Officer Chris Bragelman Officer Joel Martin WEST TEAM — Sergeant McCarthy Officer Brandon Young Officer Steve Wagner Officer Melinda Brown Officer Shawn Silvera Officer Adam Halverson Officer Wayne Wegener Jr Lino Lakes Police Department 2005 Annual Report 8 Lino Lakes Police Department 2005 Annual Report 9 Crime Prevention Activity Lino Lakes Police Department Crime Prevention Unit continues to be involved in a variety of projects including Neighborhood Watch, National Night Out and Crime Free Multi - Housing. The unit also assisted with coordinating activities such as the Blue Heron Days Community Celebration. Each year Neighborhood Watch Groups continue to be a growing partnership between the police department and the residents. The groups are required to have two meetings per year which are attended by police and fire personnel who discuss subjects relating to crime prevention, fire prevention, child safety, and special units within the police and fire departments. National Night Out was celebrated again on the first Tuesday in August and encouraged community members to show support for safe neighborhoods. This year we had 36 neighborhoods that participated in this event. Members of Police, Fire, North Paramedics and the Minnesota Correctional Facility — Lino Lakes all participated in the event, with one group even arranging for the National Guard to land a helicopter at their party. We encourage citizens to become active in Neighborhood Watch, and become diligent in reporting suspicious activity to the police department. Community Policing Community outreach, education and cooperation continue to be a priority of the Lino Lakes Police Department. Lino Lakes Police Officers are striving to develop additional components of our Community Policing Philosophy that are based on community needs and building partnerships with the residents. Our successes have been measured in programs like National Night Out, Neighborhood Watch, DARE and Citizens Academy. This year we began quarterly meetings with both the retail and commercial businesses to develop a venue where communication and partnerships can be developed and training can be presented that is pertinent to the businesses and their employees. Lino Lakes Police Department 2005 Annual Report 10 Crime Free Multi - Housing The Crime Free Multi- Housing program is designed to help owners and managers of rental properties keep drugs and other illegal activities off their property. The purpose of this program is not to SERVE the landlords, but to EDUCATE them and their tenants to improve the livability of the manufactured housing community by reducing crime. This program is honest, direct, solution oriented, and its design has proven to be very effective in reducing crime on rental properties. To ensure the crime prevention goal is attained, the program has three key elements which are management training, security assessments, and tenant training. Crime Prevention Through Environmental Design (CPTED) This program acknowledges that the built environment can influence the citizen's ability to exercise control over their surroundings. Defensible space is concerned with enhancing those design features which support community interaction and good surveillance, while simultaneously denying the criminal anonymity, unhindered access towards targets and easy escape routes. It is natural for humans to take more interest in something they own. Designing an environment which clearly delineates our private space does two things. First, it creates a sense of "ownership" which fosters behavior that challenges abuse of that space or unwanted acts in that space. Owners have a vested interest and are more likely to challenge intruders or report them to the police. Second, the sense of owned space creates an environment where "strangers" or "intruders" stand out and are more easily identified. Natural surveillance is a concept based on the fact that most criminals don't want to be observed while committing crimes. We need to create environments where there is plenty of opportunity for people engaged in their normal behavior to observe the space around them. Areas can be designed so they are more easily observed by yourself and others. It is possible to create, by design, an atmosphere in which the criminal feels uncomfortable and exposed. The Lino Lakes Police Department has a commitment to working with everyone to prevent crime from occurring in our city. Increasing the community awareness on how to be "SAFE BY DESIGN" makes for a happier and more prosperous community to live and work in. Lino Lakes Police Department 2005 Annual Report 11 McGruff House TM A BITE car OF RIME "' \> A McGruff House is a temporary haven for children who fmd themselves m emergency or frightening situations such as being bullied, followed, or hurt while walking in a neighborhood. McGruff House provides emergency assistance for children as they go to and from school and are at play. McGruff providers will telephone appropriate authorities for help, reassure and aid children who are frightened or lost, and assist children who have medical emergencies by getting appropriate help. The McGruff House program also assists those who are in immediate fear of becoming victims of personal crime or thefts, child abuse, gangs, or bullies and report crimes and suspicious activities to law enforcement officials. Special Programs Junior Public Safety Citizen's Academy 2005 was the inaugural year of the Junior Public Safety Citizen's Academy. Youth resource Officer Brown coordinated an after school program that introduced middle school aged children to the duties and skills of police fire and emergency medical personnel. Modeled after the program presented to adults, it is yet another way that the department can make contact with the public we serve, and positive contacts such as this at an early age can be an investment that reaps rewards for years to come. Lino Lakes Police Department 2005 Annual Report 12 Public Safety Citizen's Academy In January 2005, the Lino Lakes Police Department along with Centennial Fire District held its ninth Public Safety Citizen's Academy with 21 residents attending. This is a seven week program providing participants with an opportunity to go through training similar to the training offered police officers and firefighters. The program encompassed department histories and organization, patrol and investigation division functions, use of force, self - defense tactics, Field Training Program (FTO), DARE, Crime Prevention, handcuffing techniques, traffic enforcement, high risk vehicle stops, firearms, car fire simulator, use of fire extinguishers and emergency management. Participants learn about the philosophy of community policing, wore the protective gear used in fire fighting, investigated a fire, watched a mock robbery, and had an opportunity to describe the suspect. A tour of Central Communications, the Anoka County Dispatch Center, was also provided. The main goal of the program is to increase citizen awareness of the Lino Lakes Police Department and Centennial Fire District, and to allow interested citizens insight into modern day policing and firefighting. Grant Programs Bulletproof Vest Program Grant We received a grant allocation of just under $3,700 to purchase needed bulletproof vests for members of the police department. Wearing a bulletproof vest is a policy of the Lino Lakes Police Department while performing the duties of a patrol officer. Vests have a five year warranty. Lino Lakes Police Department 2005 Annual Report 13 Citizen Corps Grant The Lino Lakes Police Department submitted a grant to the Minnesota Citizen Corps requesting funds to form a program called Volunteers in Police Service (VIPS) in our community. The goal of the program was to solicit volunteers to assist the police department in a variety of areas such as: Crime Prevention, Emergency Management, Police Records, Investigation, Property Room, Computers, Equipment and /or special Programs /Projects. Other tasks included: assist with school - based programs such as DARE, after - school programs, special events, provide short-term care of juveniles in protective custody and fmgerprinting. Members of the Volunteer program assisted the police department with continued training in Homeland Security and Emergency Management disaster drills and updated the fax numbers of the area businesses who participate in our fax tree notification system. Volunteers also assisted with traffic issues. The $54,000 grant ended during 2005, but due to the program's success (over 3,600 volunteer hours donated during 2005) Volunteer Coordinator position was expanded to include Crime Prevention and has become a permanent position with the department. Karen Anderson has coordinated the creating of recruiting materials, brochures and flyers, attended training on Neighborhood Watch and National Night Out. Business Crime Watch and Retail Business Watch Groups were initiated and expanded as was the Explorer program. COPS Universal Hiring Grant We applied and received a U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) grant which pays up to $225,000 to hire thee additional full -time officer positions. The goal of hiring three additional officers is to increase efforts to detect, prepare for, prevent, protect against, respond to, and recover from terrorist attacks within our city. We designed specific protocols and training with the Centennial Fire District and the State of Minnesota Department of Corrections in an effort to provide an all hazards response including responding to possible terrorist acts. The Lino Lakes Police Department recognized there is not enough staffing available to spend adequate amounts of time on the tasks involved with recognizing and preventing terrorism. By receiving grant monies officers are now able to work on the task of recognizing and preventing terrorism. Operation Night -Cap The department again participated with other agencies within Anoka County to conduct traffic saturation details during designated dates and times. The details were conducted to educate the public on awareness of traffic safety issues including impaired driving, seat belt usage and aggressive driving. The grant amount received was $5,000. Lino Lakes Police Department 2005 Annual Report 14 Safe and Sober The department has once again joined with other agencies in Anoka County to deploy officers in an overtime grant to enforce traffic laws. Officers from the various agencies enforced the laws in their own jurisdictions as well as joined together to saturate each of the participating agencies respective jurisdictions. This stepped up enforcement led to many citations as well as many arrests for impaired driving as well as other violations of the law. COPS in Schools The City was notified in March of 2002 that we were awarded the COPS in Schools grant for one additional full -time officer. The amount of the grant awarded was $125,000 which extends over a three -year period and the grant dollars apply to salaries and benefits. The initial purpose of this grant was to work toward making Rice Lake Elementary one of the safest schools in the nation. The police department and school district agree to foster positive interaction between school staff, police department employees and the children they serve. The Community Policing Philosophy strategies the department hopes to employ are: training school safety patrol crossing guards; school security program; present lessons on respect, responsibility, good decisions, and problem solving; child protection program; implementation of the Forest Lake Area Youth Service Bureau into Rice Lake Elementary; attend various school functions; Safety Camp; traffic safety issues; taking police reports of crimes on school property; promote responsible behavior; and be a positive role model. With the start of the 2005 school year Officer Mike Monson expanded the program to include all 3 elementary schools, Rice Lake, Blue Heron as well as Lino Elementary Schools. He has worked with staff from each of the schools to incorporate training on various topics in an effort to promote safety as well as enhance the connection between the students and the police department. Self - Defense Class for Women The Lino Lakes Police Department conducted a self - defense class for the employees of Family Dentistry in Lino Lakes. Instructor Officer Kelly McCarthy shared her skills and resources in promoting safety and self - defense, providing tips to use in defending oneself against an attacker. Participants were taught how to get out of various choke holds and some ground fighting pointers. Officer McCarthy continues to assist other groups with this same type o f training. Lino Lakes Police Department 2005 Annual Report 15 Child Passenger Safety The Lino Lakes Police Department reminded parents that motor vehicle car crashes are the number one cause of death and injury for children and young adults. • 70% of deaths and 66% of injuries in motor vehicle collisions could be eliminated with the use of car safety seats. • More than 90% of safety seats are used incorrectly. • More than 90% of safety seat violators have car seats but do not use them consistently. • More than 80% of children under 4 who died as motor vehicle occupants were killed in survivable crashes. • More children die in motor vehicle crashes than from all childhood diseases combined. • Each year approximately 110 passengers under the age of 11 are killed or severely injured in motor vehicle crashes in Minnesota. • Seventy percent of fatalities and severe injuries could be prevented with the proper use of a child restraint, and fifty percent could be prevented with proper safety belt use. In an effort to assist parents and children in making vehicle travel safer, the Lino Lakes Police Department participated in training several officers as Child Safety Seat Technicians. The officers completed training in the proper installation and use of child safety seats and restraint systems in vehicles. Officers assisted area parents and answered frequently asked questions regarding child passenger safety. Child Safety Seat Clinics were held at various times throughout the community. National Night Out Neighborhoods in Lino Lakes were invited to join forces on Tuesday, August 2, with thousands of communities nationwide for the 22nd annual National Night Out program. This crime and drug prevention event is designed to: • increase crime and drug prevention awareness • Generate support and participation in local anti -crime efforts. • Strengthen neighborhood spirit and police - community relations. • Send a message to criminals letting them know neighborhoods are organized and fighting back. Lino Lakes Police Department 2005 Annual Report 16 Youth Safety Camp Residents in neighborhoods throughout Lino Lakes were asked to lock their doors, turn on outside lights, and spend the evening outside with neighbors, police, firefighters, ambulance personnel and Department of Correction personnel. Thirty -six Lino Lakes neighborhoods hosted a variety of special events, such as block parties, cookouts, parades and a poster contest. The 2005 Youth Safety Camp was the 12th annual one, and the fact it was full to capacity is a tribute to its ongoing popularity. The program is intended for children entering 4th grade. This past year we once again offered it to a full limit of 150 campers. Conducting the camp is a joint effort between Police, Fire and Parks and Recreation Departments. Held the second Thursday in August, the program increases a child's knowledge and awareness of all aspects of safety, while having a fun experience. The subject matter covered at the camp includes bike safety, fire safety, drug safety, water safety, personal safety, electrical safety, outdoor safety, and first -aid. The camp is set in an informative, but fun and exciting atmosphere. The camp fee of $10.00 includes lunch, shirt, special giveaways and an awards ceremony at the end of the day. Volunteer Program The program was designed to create volunteer opportunities for citizens who want to give their time and talents to the community and the police department. Some of the areas of volunteerism that citizens could Lino Lakes Police Department 2005 Annual Report 17 Public Safety Citizen's Commission Members of the Lino Lakes Police Department continued their work with citizens throughout the community and established a Public Safety Citizen's Commission. The purpose of this committee is to provide a formal structure to share information and offer an opportunity for officers and citizens to provide feedback on police department topics and issues. Members of this committee review and analyze topics of community concern, share information with the community related to the police department, provide feedback on potential police department improvement initiatives, offer advice on pending policy considerations and are communicators to policy makers on police issues and concerns. Members of this committee are: Chair Lyle Bye and Vice -Chair Daryl Bartsch, members Karen Bye, Lynne Crupi, Ken DuFresne, Dennis Halverson, Fritz Johnson, Mary Strohmayer, Judy Warren, Pastor Chad Gilbertson and Pastor Larry Stromberg. The police department representatives include Sergeant Kent Strege, Office Manager Renee Kaulfuss, Officers Melinda Brown and Officer Matthew Vana and Police Chief Dave Pecchia. assist the police department are: Crime Prevention, Police Records, Investigation, Property Room, Computers, Equipment and /or Special Programs /Projects. Volunteers in these areas donated 696 hours of their time. If you want to make a difference in your community, use the skills you have in a meaningful and useful way and make a positive impact on crime, you may be the person we are looking for. Lino Lakes Police Department 2005 Annual Report 18 Neighborhood Crime Watch Group Program It is essential that all citizens of Lino Lakes be aware of the importance of crime prevention programs and the impact that residents can have on reducing crime and drug abuse in their community. CRIME Neighbors were urged to start or join a Crime Watch group in their WATCH neighborhood. Crime can shatter a neighborhood and create a climate of fear and mistrust. People may withdraw into their homes. Then as isolation increases, so does crime. Crime Watch groups learn ways to keep their homes and neighborhoods secure. We provide a monthly newsletter "10 -8" to keep our Neighborhood Watch Groups informed about the criminal activity in their neighborhoods and an update on the activities of their police department. ALCOHOL COMPLIANCE CHECKS PP9 bola In 2005 we completed compliance checks throughout the city with all those checked found to be in compliance. Results of several compliance checks are noted below. Lino Lakes Police Department 2005 Annual Report 19 3/11/2005 12/3/2004 7/9/2004 4/23/2004 10/25/2003 9/12/2003 5/23/2003 Pass/Fails American Legion Pass Pass Pass Fail Pass Pass Pass 6/1 Amoco /Oasis Pass Pass Pass Fail Fail Pass Pass 5/1 J & K Liquor Pass Pass Pass Fail Pass Pass Pass 6/1 Lakes Liquor Pass Pass Pass Pass Pass Pass Pass 7/0 Millers on Main Pass Pass Pass Fail Pass Pass Pass 6/1 Trappers Bar Pass Pass Pass Pass Pass Pass N/A 6/0 VFW Pass Pass Pass Pass Fail Pass Pass 6/1 Eagle Liquor Pass Fail Pass Pass Pass Pass N/A 5/1 Spirit Hills Liquor Pass Pass Pass Pass Pass N/A N/A 5/0 Mansetti's Pass Fail N/A N/A N/A N/A N/A 1/1 Target Pass Pass Pass Pass N/A N/A N/A 4/0 Red Oak Steak House Pass N/A N/A N/A N/A N/A N/A 1/0 Lino Lakes Police Department 2005 Annual Report 19 Drug Recognition Class for Parents The Lino Lakes Police Department conducted drug recognition classes for parents. The class curriculum included what illegal narcotics look like, such as ecstasy, cocaine, crystal methamphetamine, mushrooms, marijuana; the drug paraphernalia used, and the effects that these narcotics have on the human body. Participants were taught how to tell if someone is under the influence of narcotics by their facial expressions and body language. Officer Dale Hager and Sgt. Kelly McCarthy Special Units Animal Control The City of Lino Lakes enforces the animal control laws by utilizing the Community Service Officers, and they are assisted, as needed, by the police officers. The duties of Animal Control include investigating barking dog complaints, animals at large, animal annoyance complaints, animal bites, abuse, assisting with dangerous or injured animals and enforcement. The city renewed their contract with Otter Lake Animal Care Center in Lino Lakes to provide animal services. The department responded to the following Animal Control related incidents in 2005: Animal ordinance calls: 375 Summons for animal ordinance violations: 43 Lost and found animals: 35 Dog bites: 3 Animals impounded: 83 Dog licenses issued: 311 Lino Lakes Police Department 2005 Annual Report 20 Community Service Officer CSO William Owens There are two part-time Community Service Officers. These non -sworn personnel provide officer support and public assistance. Their responsibilities include: public fingerprinting, police department tours, ordinance and parking enforcement, prisoner transport, traffic control, public assist calls, prisoner monitoring, animal complaints, vehicle lockouts, child passenger seat safety checks and assist records staff with entering reports and other related paperwork needs. Drug Abuse Resistance Education (DARE) This marks the 8th year of the department's involvement in the program. DARE was taught by Officer Bill Kubes at Lino Lakes and Rice Lake Elementary schools, and during 2005 Blue Heron Elementary agreed to implement the program in their school for the upcoming school year. Although it is difficult to measure the success of DARE, there are many positive relationships gained throughout the community and the building of relationships with the students, as well as providing positive role models for students who are at a very impressionable age. Teaching children the skills to deal with resistance in today's society and to say "no" to alcohol and drugs are the major focus of DARE. CSO Shane Quinn Lino Lakes Police Department 2005 Annual Report 21 Reserve Officer Unit The Lino Lakes Police Department Reserve Officer Unit continued their longstanding dedication to community service by providing 1,996 volunteer hours to the Police Department. Reserve Officers assist at school carnivals and DARE graduations. They represent the department by: Assisting the cities of Blaine, Coon Rapids, Anoka and Mounds View with their annual festivals. Assisting with National Night Out, Safety Camp, and St. Joseph's carnival. Providing traffic direction for Sno- Baron's Hay Day races. Performing business checks on weekends and evening hours Providing assistance for the Turtleman Triathlon race. Reserve Officers are trained in first aid, officer safety, defensive tactics, use of force, weapons training, vehicle lockouts, report writing, and use of police radios and other equipment. Lino Lakes Police Department 2005 Annual Report 22 Explorers The Lino Lakes Police Explorer Post began to take off by adding members and developing a training plan. The advisors guide the explorers by providing training on all aspects of law enforcement including: defensive tactics, handcuffing, traffic stops, radio procedures and firearms. The Explorers continually train on all different aspects of law enforcement to gain a greater knowledge of the field, and to strengthen their knowledge and skills for the annual competition held at Breezy Point. Active Threat Response The Active Threat Response is comprised of all officers from the Lino Lakes Police Department. The officers are trained to respond to critical incidents involving an active shooter in businesses, government buildings and schools within the City of Lino Lakes. This year the Target Store opened their business for officers to use so they could train in a business setting that actually exists in Lino Lakes. The Active Threat Response training was conducted regularly at various locations throughout the city. Training consists of two hour segments which involve "role playing" scenarios that the unit may encounter. The unit also trained with the use of a variety of firearms at indoor and outdoor ranges to maintain their firearms proficiency. Area school officials have been very supportive of the active threat response concept and assisted us with our training scenarios at their schools. Lino Lakes Police Department 2005 Annual Report 23 The Lino Lakes Police Department Encourages Volunteerism Police Department 0 Have the interest • Have the time • Can maintain confidentiality • Opportunities 640 Town Center Parkway Can pass a basic police background • Lino Lakes, MN 55014 -1182 Phone (651)982 -2300 Fax (651)982 -2399 Want to make a positive impact on • o- lakes.mn.us the Lino Lakes community "Building a Stronger THE LINO LAKES POLICE Lino Lakes with DEPARTMENT NEEDS YOU! Community Involvement" * m v v & CD co r ° O v 0 5 (D 3 O O N O T o m v o o • n < o v * v c (D (D O * ° ° m �' = m -•s a) O 3 o m Q h 5 a) o'�onO(D n"<(/)30 .3 o0zcm�o o _ �m`G�NO nris g m c Q (-)' Q (D 7 �. (D a O O-. N 3 O C co N (7 (OD C (�D (D O O O O O 0 'V ' (I-) (7' -o D 0 (On (n 0 (� = N a N ffl 0 N N (D O�3 v, N 0< 7 O = O O '= O N v (D �(n Om ^v o. (D X00 QQZ� 5' pi cD =' m o (D o m jo 3 8 r- 6mco __= m 0 z ('z _ (-l) 0. _ '1 a m 3 o v N ccn .- - _3 Q (0 c0 Q C .--f (D 0 0 (D (D • H�c < C • • 3•oNQm On)o c o crD3c�nN °_ v cn C m n (p (0 m ..., o Fa% al (DN O• N N (D CD 0 •O_••. (n < Q Q) N o r3" --I -a N rt (D Da a) O (D U „ 0 Q ,. 0 (D Q~•0-0- Z O.o lD 55 O N 0`.. (3D 3 aa, N N (,.)rt QQ 00 O. O 0 = _ _ (D o = < 9, 0 v CD X. 0 (0-p• m m° Q N -0 a)(0 C Q N N v,' o* N= ca C mtD 0 o =0(D3 6= g�co o o v3 Fr o m = my (0 5-" �m =' m = Z. g r CO C) 5. ((D o n. � O `< 00 u) vo) O Q Q v) o 0 - n, 0 0 (O �< 0 sn uw•sa)1 i -I! ul 3e el O (D • • • Special Programs & Projects ;uawa6euew I(3ua6aawg Property /Auction Preparation N (D 0) (n ��_ < N �QO C N o'0) 3_ 3- (fl C 1 60: D I• On 0 Q (� �. 0 (D �' o _ - =gym m � m 3 rn� 3° �.� o N O V a 0 0�m�mv <NNOQn '<((0 0 to o m 0 3 ) !7) QN (D Q ;- (1 - Q 0 (D (1) 3 O f N N =mo (� = fl) 0 0 n x (D m= °� ° x 0 2. 0) o 0 o � � °� m W < -' (D = - N - ' N o cQ o (On Vl m m N N j c o0 c0 0 (D v -) N p O fD (D 3 0-'a O•< N (D i n N N (D O o 3 • N (fl O O O 0 CD Ul N C. Q N N o5 3r 3=, 5'r- cu�X 3 -ID _ o N 0. m (D `< " (0 0 3o0))(o v v c N< o �� -n—I0-0 �zz0 m`< � = 5 1 (u O o I) (D '� (n p) `< .-. C h (D O g 5. 7 N Gi) • co 3 m m 0 N _� _ (n (0 (n n O 3 cD O O a(9.' lD tai) N (D Z z (D O -T7 � D 0 C� 0 tD � ID n' o t3 N (D P (n Q ti N ,' O O y lD OC) 0Q -c 3 (D O N (D O 'o (D = _ = U) Q 0) 0 = Q O N c7 3 • l0 —D 0 (0' 3 _ (n -I N Q N c7f N O 0 O 3 S (D 0 11.we.i6oJd OM9SO 0 (D 1 (0 1 3 WeJGo.id 10041.1nion Youth Resource Officer Officer Melinda Brown is currently assigned as the Youth Resource Officer (YRO) at Centennial Middle School. She has held this position since the 1998 -1999 school year. This position is a full -time position during the school year with flexibility to attend both daytime and after school activities. The program continues to be instrumental in improving understanding and promoting mutual respect between police, school staff, counselors, parents and students. In the fall of 2005 Officer Mike Monson headed up the expansion of the elementary school liason program. He continued the involvement with Rice Lake Elementary School, but also began to develop curriculum and programs for Blue Heron and Lino Lakes Elementaries as well. The Lino Lakes Police Department had received a grant in prior years from the federal government to place an officer in Rice Lake Elementary school. The successful partnership with Rice Lake Elementary encouraged the department to expand our involvement with the other schools in the city. He provides lessons on safety, respect, and bullying just to name a few. He is also visible in the hallways and interacts with the children at lunch and recess. Being involved with students provides him the opportunity to show them that a police officer is a person that they can trust and not someone that they should be afraid to approach. Officer Monson has been placed in charge of the school patrol and deals safety issues on and around the school grounds. with traffic Emergency Management Emergency Management is responsible for the operation of City Government /Public Safety during an emergency whether the emergency is natural, technological or a terrorist act. The Lino Lakes Police Department operates under the Minnesota / National Incident Management System (MNIMS) during an emergency. The staff at the Lino Lakes Police Department and several city staff members received extensive training in the use of this system, and Sergeant Strege began training for state certification as an Emergency Manager. The police department is responsible for completing and updating the emergency plan to incorporate the Homeland Security issues. The Lino Lakes Police Department continues to participate in training and drills with other agencies that would be likely to respond to actual emergencies in the city. The police department along with Centennial Fire, Minnesota Correctional Facility — Lino Lakes and North Ambulance designed and executed a hazardous material drill at a local business. Lino Lakes Police Department 2005 Annual Report 24 The process of designing, executing and evaluating these types of drills allows for each of the participating agencies to test their current level of readiness as well as define areas that need improvement. The utilization of outside observers ensures that we will get a realistic picture of our abilities so we can design a plan to not only be able to respond effectively to various situations, but also so we have the proper documentation in place to ensure any available funds from the Federal Emergency Management Agency will be able to flow to the areas needing assistance. Chaplain Program A good police officer knows when situations require backup. Whether an officer of the Lino Lakes Police Department is requested to deliver a death notification, respond to death scenes or other crisis situations, Chad Gilbertson or Larry Stromberg are on call twenty -four hours a day ready to respond. These two dedicated volunteers have been with the Lino Lakes Police Department's Chaplaincy Program since its inception in May of 2003. Chad is the Pastor at Gethsemene United Methodist Church and Larry is the Pastor at Centennial Evangelical Church. They provide support not only to victims and relatives that come in contact with officers, but also to the members of the department. They have spent countless volunteer hours on calls providing valuable assistance to officers. The dedication of these two pastors was very evident proceeding Officer Shawn Silvera's death. They had worked closely with Shawn and were grieving, however they put aside their own feelings to provide support by reaching out to the members of the department in coping with the loss of their fallen comrade. Larry Stromberg Chad Gilbertson Pastor Chad and Pastor Larry spend many hours volunteering their time to serve to the residents of Lino Lakes. Their dedication and spiritual assistance greatly benefits the Lino Lakes Police Department and the Lino Lakes community. Thank you Pastor Chad and Pastor Larry for your devoted services Training The department provided nearly 2,000 hours of training for officers in 2005. Examples of the training includes: Methamphetamine Trainers Training; Emergency Management courses; new officers completed the Field Training Officer (F.T.O.) Program. The majority of the officer's training focused on compliance with POST Board mandated training courses and courses relating Lino Lakes Police Department 2005 Annual Report 25 to terrorism. The second largest block of training included First Responder Refresher, Intoxilyzer Recertification, Active Threat Team training, Use of Force, County Attorney Update on new legislation enacted during the last legislative session, Defensive Tactics, Street Survival and motorcycle training. Most training is provided and conducted by Lino Lakes Police Department trainers whose areas of expertise include: 800 MHz, Community Policing, Ethics, Leadership, Motorcycle, Taser, Rifle, Active Threat and Use of Force training. The second major source of training was from Anoka County Customized Training which included a night shoot, spring shoot, summer shoot, fall shoot and Gamma shoot. Many officers attended specialized training through Century College. Field Training Program Field Training Officers are trained to provide uniform and detailed documentation of the officer's progress. New officers go through 13 weeks of training which is divided into five training and /or evaluation "Phases ". All phases are with a different Field Training Officer. Upon successful completion of field training, the officers go from probationary officer in training to solo patrol as a probationary officer for a period of one year. Lino Lakes Police Department 2005 Annual Report 26 Patrol Fleet Mountain Bicycles /4 Wheeler Squads K -9 Vehicle Lino Lakes Police Department 2005 Annual Report 27 Police Department Budget The majority of the police budget is dedicated to wages and benefits. The cost of salaries, benefits and operational items for Animal Control are included in the police budget. Capital Outlay expenditures include office equipment and furnishings, radios, radar units, systems technology and major purchases. Operating Costs include office supplies, telephones, printing/publishing, conferences, training, DARE program, Crime Prevention/Safety, postage, uniforms, fuel, maintenance contracts, equipment parts, labor repair, and insurance. Squad cars are purchased with certificates. Distribution of 2005 Budget (Total Expenditures $2,424,434) ❑Salaries & Benefits • Certificate of Indebtedness Lino Lakes Police Department 2005 Annual Report 28 Statistics Calls for Service Totals The department experienced a 3.0% increase in Calls for Service. The graph below illustrates Calls for Service totals for the past 5 years. 7800 7600 7400 7200 7000 6800 6600 6400 6200- 6000 5800 Calls for Service OO^ ,LOOS ,LOOS Calls for Service by Month of Year The graph below illustrates the Calls for Service of 2005, broken down by Month of Year. Calls For Service by Month 800 700 600 500 400 300 200 100 0 J� J� JO 0Q G� c' , P 5 O +° Lino Lakes Police Department 2005 Annual Report 29 Traffic Citations Traffic Warnings 2050 2000 1950 1900 1850 1800 1750 1800 1600- 1400- 1200 - 1000- 800- 600- 400- 200- 0 Traffic Citations S. . : 2027 2024 'Air 1844 Traffic Warnings ti0 Lino Lakes Police Department 2005 Annual Report 30 Traffic Accidents ❑ Fatal ■ Personal Injury ❑ Property Damage ID Car hit Deer Top Ten Calls for Service Below is a list illustrating the Top Ten Calls for Service in past four (4) years. Traffic Stops are excluded. CALL TYPE NUMBER OF CALLS 2001 2002 2003 2004 2005 Suspicious Activity 809 1110 1189 1111 1575 Alarms 450 448 421 414 368 Traffic Accidents 325 376 356 393 268 Thefts 277 311 352 307 276 Public Assists 314 309 309 239 247 Medicals 290 275 290 286 341 Driving Under the Influence 218 230 198 203 158 Domestic Assaults 118 106 125 146 119 Drugs/Narcotics 142 163 100 145 116 Other Assaults 81 86 89 88 83 Lino Lakes Police Department 2005 Annual Report 31 Incident Data Summary 2000 2001 2002 2003 2004 Part I Crimes: Larceny 237 277 311 294 248 Burglary 28 34 45 41 43 Aggravated Assaults 11 6 12 15 14 Motor Vehicle Thefts 11 25 34 19 7 Robbery 0 0 0 1 1 Arson 1 1 2 0 2 Part II Crimes: Vandalism 145 194 222 168 117 Driving Under the Influence 88 218 230 198 135 Liquor Violations including 88 93 106 51 22 Underage Consumption & Tobacco Violations Disorderly Conduct 58 24 33 70 49 Assaults 55 74 54 57 65 Narcotics 28 142 163 100 92 Family Domestics 2 3 7 2 3 Fraud 5 2 14 26 35 Stolen Property 2 3 5 11 4 Forgery/Counterfeiting 9 6 13 10 21 Other Sex Offenses 4 10 7 4 1 Weapon 1 18 15 8 5 Other Offenses 78 322 390 299 95 Clearance Rate 2000 2001 2002 2003 2004 Part I Crimes 22% 13% 26% 26% 25% Part II Crimes 76% 67% 70% 81% 75% Total Clearance Rate 56% 55% 58% 65% 59% (Part I and Part H Crimes) Lino Lakes Police Department 2005 Annual Report 32 Crime Index Rates (Part I Crimes)* The following is the Crime Index Rating for the City of Lino Lakes and other cities in Anoka County. CITY 2000 2001 2002 2003 2004 Lino Lakes 2,031 1,768 1,950 2,165 1,716 Andover 3,033 2,373 2,742 2,605 2,770 Anoka 3,920 4,486 4,296 3,979 4,037 Blaine 4,095 4,688 5,254 5,074 5,174 Centennial Lakes 3,064 3,184 3,309 2,518 2,210 Columbia Heights 4,648 4,994 4,791 5,111 5,641 Coon Rapids 3,871 4,517 4,467 4,810 4,960 East Bethel 2,987 3,299 3,121 3,609 3,817 Fridley 5,295 6,910 5,885 5,562 4,916 Ham Lake 3,834 3,280 2,942 3,331 3,896 Hilltop 10,386 11,879 11,240 12,804 10,606 Ramsey 2,546 3,446 3,174 2,726 3,432 Spring Lake Park 4,894 5,950 6,486 4,876 4,944 St. Francis 4,050 5,417 5,279 4,091 3,818 *Part I Crimes include: Homicide, Rape, Robbery, Aggravated Assault, Burglary, Larceny /Theft, Motor Vehicle Theft and Arson. BOLD - Denotes the lowest Crime Index Rating City for each year listed. Lino Lakes Police Department 2005 Annual Report 33 Crime Index Rates (Part II Crimes)* The following is the Crime Index Rating for the City of Lino Lakes and other cities in Anoka County. CITY 2000 2001 2002 2003 2004 Lino Lakes 3,494 4,824 5,126 4,383 3,497 Andover 4,592 3,663 4,569 5,077 4,272 Anoka 6,961 6,273 6,765 5,768 5,614 Blaine 6,457 7,309 7,641 7,436 7,357 Centennial Lakes 7,861 7,074 7,273 6,174 5,890 Columbia Heights 6,775 9,654 10,951 9,204 8,542 Coon Rapids 9,743 8,567 7,530 7,013 7,138 East Bethel 6,502 6,059 5,923 5,643 5,052 Fridley 8,574 10,481 10,795 10,671 6,883 Ham Lake 5,890 4,720 4,125 5,058 4,625 Hilltop 18,236 31,723 27,131 29,577 20,455 Ramsey 3,659 4,889 41,104 4,319 4,472 Spring Lake Park 9,518 10,705 11,117 12,415 8,809 St. Francis 16,928 11,364 10,679 10,403 8,222 *Part II Crimes include: To include other Assaults, Forgery, Counterfeiting, Fraud, Embezzlement, Stolen Property, Vandalism, Weapons, Prostitution, Other Sex Offenses, Narcotics, Gambling, Family /Children, Driving Under the Influence, Liquor Laws, Disorderly Conduct and other crimes. Bold - Denotes the lowest Crime Index Rating City by year listed Lino Lakes Police Department 2005 Annual Report 34 Crime Index Rates (Part I crimes)* The following is the Crime Index Rating for the City of Lino Lakes and other cities within the State of Minnesota. A crime index rating is an indication of the number of reported crimes in that city per 100,000 residents. (The lower the number, the fewer the reported crimes). Crime Index numbers are maintained by the Minnesota Bureau of Criminal Apprehension, based upon uniform crime reporting of each agency in the state. 2000 through 2004 figures were used. 2005 figures were not available at the time this report was compiled. CITY 2000 2001 2002 2003 2004 Andover 3,032 2,373 2,742 2,605 2,770 Anoka 3,920 4,486 4,296 3,979 4,037 Columbia Heights 4,648 4,994 4,791 5,111 5,641 Elk River 2,638 4,332 4,704 3,926 4,363 Faribault 5,598 5,754 5,004 4,293 4,612 Hopkins 2,534 2,545 2,319 1,583 1,380 Lino Lakes 2,031 1,768 1,950 2,165 1,716 New Hope 2,799 2,879 2,934 2,873 3,299 Northfield 3,554 3,265 3,565 3,029 2,867 Prior Lake 3,880 3,738 3,692 3,552 3,167 Ramsey 2,546 3,446 3,174 2,726 3,432 Red Wing 4,496 5,069 4,806 4,554 4,022 Rochester 3,307 4,059 3,484 3,748 3,149 Rosemount 3,958 3,604 4,108 3,130 3,130 Shakopee 4,626 3,612 3,607 3,645 3,433 *Part I Crimes include: Homicide, Rape, Robbery, Aggravated Assault, Burglary, Larceny /Theft, Motor Vehicle Theft and Arson. BOLD - Denotes the lowest Crime Index Rating City by year listed. Lino Lakes Police Department 2005 Annual Report 35 The Lino Lakes Police Department wishes to extend a sincere thank you to the community for their continuing support Lino Lakes Police Department 2005 Annual Report 36 • • AGENDA ITEM 6 A STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: May 22, 2006 TOPIC: Second Reading: Ordinance No. 07 -06 Amending Fee Schedule To Include Fee for AUAR ACTION: 3/5 vote BACKGROUND The City Council approved the first reading of Ordinance 07 -06 on May 8. The ordinance amends the City's fee schedule by adding a special development fee to be charged for new development in the area studied by the I -35E corridor AUAR. The fee is intended to recoup the City's costs for preparing the AUAR. OPTIONS 1. Approve the second reading of Ordinance No. 07 -06 amending the fee schedule by adding a fee for costs related to the AUAR. 2. Return to staff with direction. RECOMMENDATION Option 1 • 1 Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE 07 -06 AMENDING ORDINANCE NO. 12 -05 (THE 2006 FEE SCHEDULE) BY ADDING A FEE FOR COSTS RELATED TO THE I -35E CORRIDOR ALTERNATIVE URBAN AREAWIDE REVIEW The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1: Findings The City Council makes the following findings: 1. The City Council approved the final I -35E Corridor Alternative Urban Areawide Review (AUAR) on October 24, 2005 with Resolution 05 -159. 2. The northeast portion of the City of Lino includes identified growth areas, existing rural land uses, existing commercial uses, the Rice Creek Chain of Lakes Regional Park Reserve, and the I -35 E, I -35 W, and County Road 14 transportation corridors. 3. The development within the area analyzed by the AUAR likely would have required environmental review for numerous development projects in accordance with the Minnesota Environmental Review Program. Development that is consistent with the assumptions of the AUAR and that comply with the mitigation plan are exempt from requirements to prepare an Environmental Assessment Worksheet or an Environmental Impact Statement, as stated in MN Rules 4410.3610. This is a benefit to the property owners. 4. The AUAR process gave the City the opportunity to assess the impact of potential development on the area's natural resources prior to receiving and considering individual development proposals for approval. 5. Information and analyses in the AUAR will be used in the next comprehensive plan update that will guide planning for the development of the area. Planning benefits property owners in the planning area by ensuring adequate infrastructure. 6. The City incurred costs in the preparation of the AUAR. 7. The City Council adopted Ordinance No. 12 -05 established the 2006 fee schedule and has amended it from time to time. • Section 2 The fee schedule established by Ordinance No. 12 -05 as amended is hereby amended to include the following fee that shall be applied to all development applications that require a preliminary plat, conditional use permit, site and building plan, or planned unit development within the area analyzed by I -35E Corridor AUAR (see Exhibit A): PLANNING & ZONING ALTERNATIVE URBAN AREAWIDE REVIEW (AUAR) FEE To be charged to land development applications within I -35E Corridor AUAR area that require preliminary plats, conditional use permits, site and building plans, and planned unit developments. Once paid, the same land will not be charged again. Section 3 FEE $269 per acre As above amended, said fee schedule shall stand as initially passed and previously amended. Section 4 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the Lino Lakes City Council this day of 2006. ATTEST: Julie Bartell, City Clerk John J. Bergeson, Mayor - 1 0 2 - Ordinance No. 07 -06, page 2 EXHIBIT A Ordinance No. 07 -06 map of area to which AUAR fee applies • IP • AGENDA ITEM 6.B. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: May 22, 2006 TOPIC: PUBLIC HEARING: 1st Reading of Ordinance 06 -06 Vacating portions of the unimproved North Road and Sunrise Drive right of way. City of Lino Lakes VOTE REQUIRED: 4/5 BACKGROUND The City of Lino Lakes has initiated a vacation of the unused rights of way dedicated as part of Lexington Park Lake View, further defined by the recently approved Registered Land Survey No. 233 as Tracts F and G. This vacation will revert the property to the adjacent parcels of Lexington Park Lake View and further defined by the Registered Land Survey No. 233 as Tracts D and I. ANALYSIS These rights of way are no longer improved because of the realignment of North Road and Lake Drive. When this project was completed, Sunrise Drive no longer had access to North Road and was ended with a cul -de -sac. The new alignment alleviated a major conflict point and this new alignment continues to function at a high level of service. Therefore there is no reason to hold onto the right of way that is no longer improved. RECOMMENDATION Staff recommends approval of the Vacation of portions of the unimproved North Road and Sunrise Drive right of way clearly defined as Tracts F and G of Registered Land Survey No. 233. ATTACHMENTS 1. Ordinance No. 06 -06 2. Vacation Exhibit • North Road and Sunrise Drive Vacation, page 2 Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 06 -06 AN ORDINANCE VACATING A PORTION OF NORTH ROAD AND SUNRISE DRIVE (CIRCLE PINES POLICE STATION). The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1 Findings The City Council makes the following findings regarding the application to vacate a portion of public right -of -way and existing street and utility easements: 1. The City of Lino Lakes has requested the City Council to vacate the unimporved right of way which was originally recorded on the Lexington Park Lake View plat further defined by Registered Land Survey No. 233 as Tracts F and G. 410 2. A public hearing was held on May 22, 2006 before the City Council in the city hall on such request after due published and posted notice had been given, as well as personal notice to affected property owners by the clerk on April 26th 2006 and all persons interested were given an opportunity to be heard; • 3. It appears that it will be in the best interest of the city to approve such request Section 2 Such request is hereby granted and that part of the North Road and Sunrise Drive right of ways described as follows are hereby vacated: Tract F Registered Land Survey Number 233 And Tract G Registered Land Survey Number 233 Section 3 That any person, corporation or city owning or controlling easements contained upon the property vacated reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. • • • North Road and Sunrise Drive Vacation, page 3 Section 4 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 12th day of June, 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. • • REGISTERED LAND SURVEY NO. S� ANOKA COUNTY, MINNESOTA \ City of Lino Lakes County of Anoka Sec. 19, T. 31, R.22 SECTION 19, TWP. 31, RGE. 22 LOCATION MAP NO SCALE A I ..„1 I :< I I 1 0 50 100 200 GRAPHIC SCALE IN FEET (PLAT) - DENOTES PLAT DIMENSIONS PER THE PLAT OF LEXINGTON PARK LAKE VIEW 1 0 Oe .. DENOTES FOUND ANOKA COUNTY CAST IRON MONUMENT. • = DENOTES FOUND IRON MONUMENT. 0= DENOTES 1/2 INCH BY 14 INCH IRON MONUMENT SET AND MARKED BY UCENSE NUMBER 19828, FOR THE PURPOSES OF THIS R.LS. THE SOUTH UNE OF THE SOUTHWEST OUARTER OF SEC. 19, T. 31, R. 22, 15 ASSUMED TO HAVE A BEARING OF S88'59'08 -W. 4• * * PIONEER * anynaaring i * ** Jt TRACT L 1 45)6. (310.00 PLAS S00'48'72'E 309.92 MEAS. 283.45 �• 3 8.4 O m a oOm o 1r J . ^",- TRACT K` '. 1 A P - S Q48 \2 c' �E NOT TANGENT., G 200' 3.25 33 oan 00 NtL 87.22 DRIVE N00'48'12`W 16414 suNRtsa: om CR ; . E I A T J W e N ' 1 7.66 L W CO. 'LO Ni CZ W) 11M O O i , 2Z d' �my &S• Eli Jo< WOU }W� '6.54 O 2 - .58911'43'W �^ 33.00 2422 Enterprise Drive Mendota Nely1U. NN 55120 (491) 401 -5674 FA16591 -4463 210 55th Awned N.W. Coon Rp.Ipe, MN 55433 (753) 703 -1000 FA017153-1063 -107- 5 00' 125.83 •3q f�� a] N8 '~ r. ~ n Q c) ' _J 1— 119.47 TI 12'. E 94.00 03 Ut JN C50.,0 to h N In Vr ` ❑ .n � n 0 1< gE IIG N tP, RE .1 a C S00°30'3 E ,'} 284.71 ,, W UNE OF LOT 11, - -"" BLOCK 8, LEXINGTON PARK LAKE VIEW IN I S'LY EXTENSION OF LOT BLOCK B, LExINGTON PARK LAKE NEW ( r5 11� (.0 TRACT E SW CORNER OF SEC. 19, 1'5P. 31, RGE. 22 ` (FOUND ANOKA CO. M0N.)' ''r`1 SHEET 2 OF 2 SHEETS • • AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala CITY COUNCIL MEETING DATE: May 22, 2006 TOPIC: Consideration of Resolution No. 06 -75, Accepting Storm Water Utility Feasibility Study ACTION REQUIRED: Simple Majority BACKGROUND On January 9, 2006 the City Council authorized the preparation of a Storm Water Utility Feasibility Study. The intent of the study is to identify a dedicated funding source and equitable means of funding the City's storm water management program. Short, Elliott, Hendrickson Inc., (SEH) has completed a draft of the study for council review. Andy Lamberson, from SEH will be at the meeting to present the study and to answer council questions. A copy of the draft study was presented to the council at the May 1, 2005 work session. As part of the study process staff identified storm water related costs that are currently incurred or will be incurred by the City as we continue to manage our storm water management system. Also incorporated in the budget structure is funding for storm water related costs associated with street reconstruction projects identified in the Pavement Management Plan (PMP). Storm water costs related to street reconstruction account for over 50% of the proposed storm water utility budget. As such the draft study includes three (3) rate scenarios based on funding street reconstruction related storm water costs at funding levels of 100 %, 75% and 50 %. RECOMMENDATION Staff is recommending acceptance of the report. It is important to note that acceptance of the study does not establish or otherwise commit the City to establishing a Storm Water Utility. The next steps in the process would include the following: 1. Preparation of a Storm Water Utility brochure and mailing to all property owners within the City. 2. Two (2) public informational meetings 3. Public Hearing 4. Council consideration of an Ordinance establishing a Storm Water Utility. ATTACHMENTS 1. Resolution No. 06 -75 City Council Storm Water Utility May 8, 2006 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -75 RESOLUTION ACCEPTING STORM WATER UTILITY FEASIBILITY STUDY WHEREAS, the City has identified the need for a dedicated funding source for storm water related projects and activities including storm water improvements related to street reconstruction; and WHEREAS, the City authorized Short, Elliott, Hendrickson, Inc., to provide services to assist the City of Lino Lakes in determining the feasibility of establishing a Storm Water Utility; and WHEREAS, Short, Elliott, Hendrickson, Inc., has prepared such feasibility study and presented it to the City NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1 That the Storm Water Utility Feasibility Study, prepared by Short, Elliott, Hendrickson, Inc., is hereby accepted. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 22nd day of May, 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. - 109 - • • AGENDA ITEM 6D STAFF ORIGINATOR: Michael Grochala CITY COUNCIL MEETING DATE: May 22, 2006 TOPIC: Resolution No. 06 -76, Approving Change Order No. 1 Legacy at Woods Edge Phase 1 — Street and Utility Improvements ACTION REQUIRED: Simple Majority BACKGROUND On August 22, 2005 the City Council awarded the Legacy at Woods Edge Phase 1 — Street and Utility Improvements to contract to Glenn Rehbein Companies. The current approved contract amount is $2,231,503.85. Change Order No. 1 is for the street and utility improvements to be installed in Woods Edge Boulevard. The estimated total for the change order is $385,410.00. The total revised contract amount, with the change order, is $2,616,913.85. This portion of the project was included in the original feasibility study for the project. The Woods Edge Boulevard improvements were removed from the initial project to allow for further design work on the townhome area of the development. The cost of the improvements were previously included in the City's financing package and special assessments levied against the properties. RECOMMENDATION Staff is recommending the adoption of Resolution No. 06 -76, Approving Change Order No.1 in the amount of $385,410.00. ATTACHMENTS 1. Resolution No. 06 -76 2. Change Order No. 1 • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -76 RESOLUTION APPROVING CHANGE ORDER NO. 1 LEGACY AT WOODS EDGE PHASE I — STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to the resolution of the Council adopted August 22, 2005, awarding the construction contract for the Legacy at Woods Edge Phase 1 - Street and Utility Improvements to Glenn Rehbein Companies, and WHEREAS, it is in the best interests of the City to install street and utilities for Woods Edge Boulevard as part of the Legacy at Woods Edge Phase I improvement project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA that: 1. Change Order No.1 for street and utility improvements to Woods Edge Boulevard in the amount of $385,410.00 is hereby approved. 110 John J. Bergeson, Mayor • Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 22nd day of May, 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. • SEH CHANGE ORDER City of Lino Lakes, Minnesota May 16, 2006 OWNER OWNER'S PROJECT NO. Legacy at Woods Edge - Phase 1 PROJECT DESCRIPTION DATE 1 CHANGE ORDER NO. A- LINOL03 05.03 SEH FILE NO. The following changes shall be made to the contract documents: Description: 1. Contractor to install approximately 770 L.F. of sanitary sewer, including manholes, services and appurtenances for an estimated cost of $99,595. 2. Contractor to install approximately 900 L.F. of water main, including valves, hydrants, services and appurtenances for an estimated cost of $94,350. 3. Contractor to install storm sewer and roadway improvements for an estimated cost of $143,465. 4. Contractor to install lift station pumps and controls for an estimated cost of $48,000. Purpose of Change Order: Amend scope of contract to include installation of sanitary sewer, Lift station, water main, storm sewer, and street improvements in Woods Edge Boulevard. Basis of Cost: ❑ Actual Attachments (list supporting documents) Revised plans and specifications. Schedule of estimated quantities and unit prices. ® Estimated Contract Status Original Contract Net Change Prior C.O.'s to Change this C.O. Revised Contract Recommended for Approval: Short Elliott Hendrickson Inc. by Agreed to by Contractor.' Time N/A Cost $2,231,503.85 $0.00 $385,410.00 $2,616,913.85 Robert Moberg /Project Manager Approved for Owner: BY Glenn Rehbein Companies BY City of Lino Lakes, Minnesota TITLE TITLE Distribution Contractor 2 Owner 1 Project Representative 1 SEH Office 1 s Ako \I \I inol \030503 \constmctionph l \m# 1. doc Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer 1 www.sehinc.com 651.490.2000 1 800.325.2055 1 651.490.2150 fax - 1 1 2 - 1/04 • AGENDA ITEM 6Ei STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: May 22, 2005 TOPIC: Resolution No. 06 -89, Declaring Costs to be Assessed, Lois Lane Utility Improvements VOTE REQUIRED: 3/5 Vote Required BACKGROUND: A Public hearing for the Lois Lane Utility Improvements project was held on August 22, 2005. The city allowed 60 days to elapse following the Public Hearing prior to taking action on the improvements as required by the City Charter. The City authorized the plans and specifications on December 12, 2005. The bids were received on May 15, 2006 and are within the project budget. IPThe next step in the process is to declare the costs to be assessed. The total amount to be assessed is $395,762.50. The Final Assessment Role is attached. OPTIONS: 1. Adopt Resolution 06 -89, Declaring Cost to be Assessed, Lois Lane Utility Improvements. 2. Not Adopt Resolution No. 06 -89. 3. Return to staff for further review. RECOMMENDATION: Option No. 1 - Staff recommends that Resolution No. 06 -89 be adopted. • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -89 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT - LOIS LANE UTILITY IMPROVEMENTS WHEREAS, bids have been received for the Louis Lane Utility Improvements project; and the bid price for such improvements is $186,408.30, and the expenses incurred or to be incurred in the making of such improvement amount to $395,762.50. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The project is 100% assessed to the benefited property owners. The city will be assessing $186,571.70 at this time. The remainder of $209,190.80 has been deferred and will be assessed at the time of the future connection. 2. Assessments shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January 2007, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The city clerk, with the assistance of the city engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of and within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The clerk shall upon the completion of such proposed assessment, notify the council thereof. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 22nd day of May, 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. "Plc Sea • • • epiaces P . 115 0 0 a 0) CA O V m En C71 CD N 0 EA O 0 O En CO 0) 0 0 En CA 0) O O 0 En N O O EA CO a) C77 0 0 0 0 0 0 0 0 0 Co Co CO CO CO 0) 000 Co Co Co co Co ca) OD CJ cJ N C.) IV IV N N N N N N N N N N • N N Na N N N N A A A A A A A? 0000000 00000000 0071 A W N- 0)—N D T m l D W m m O y (D O O C CD s> j °)acs 0 C1 • • cp ' X35 5a— `nc's:ospc; • �r-� Dew sr� c. m coy O o m 0. • • 01 (71 (7101 (31 V-7cn cn 4, W N -,OO N CT CO -4 Cn W— O V A 0 0 0 0 0 0 0 0 N N N N y m N N mmmmmnnm M• CDCDCDO CD (c m' -A -A N N -+ CA0)0)CD CA CO A CA CA on Cn on CA Cn O a) o "CD 00io 0o'V o000-ooa) En 6n En En En En En on cD CO (O 0o Co CO co co In cn In A A A cn In co co 0) (31 0101 0) 70 D00rna)9) Lo Lo OD 6) On 0) "Co is 0m0o000000 En En En En En En on on a) a) a) a) a) Ch a) a) CD 0) w Co w w CO Co 00000 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 En En Efl En En En En En CD ID o 0 0 0 0 0 CO CO O CO O cD CD CD CT CD cn of on cn on on 0 0 0 0 0 0 0 00000000 En En En En En En En En 0)0) 0) 0) 0) Cr) 0) a) V V V V V V V V N N N N N N N N On Cn On On On in On On 0 0 0 0 0 0 0 0 En En En En En En En En V V V V V V V V O CA CD a) O) CD CA CA on CA LT cn on on on cn O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 En En En En ER En En En N N N N N N N N CJ W CJ N N N Co Co V V V 0) a) a) V V A A ? A A N N N CD (D CD N N OD Co L. Co m o 0 co co z 0 Z m D 0 CD m 0) co C Z 1 m -i 0 D r 0)O Z m� co 71 FINAL ASSESSMENT ROLL WITHOUT DEFERRED FUTURE LOTS cn N N CT REVISED RESOLUTION ATTACHED AGENDA ITEM 6Eii (crlaccs P9 I u tii) STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: May 22, 2006 TOPIC: Resolution No. 06 -91, Calling for Hearing on Proposed Assessment, Lois Lane Utility Improvements VOTE REQUIRED: 3/5 Vote Required BACKGROUND: Following the City's action declaring cost to be assessed for the Lois Lane Utility Improvements project, the City must call for a hearing on the proposed assessments. It is staffs recommendation to call for a hearing on the proposed assessments for the Lois Lane Utility Improvements project. OPTIONS: 1. Adopt Resolution 06 -91, Calling for Hearing on Proposed Assessment, Lois Lane Utility Improvements Project. 2. Not Adopt Resolution No. 06 -91. 3. Return to staff for further review. RECOMMENDATION: Option No. 1 - Staff recommends that Resolution No. 06 -91 be adopted. • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -91 RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT - LOIS LANE UTILITY IMPROVEMENTS WHEREAS, by a resolution passed by the City of Lino Lakes City Council on May 22, 2006, the city clerk was directed to prepare a proposed assessment of the cost of improving Lois Lane from 270 feet west of Country Lane to 320 feet west of Meadow View Trail by extending utilities and replacing the bituminous surface; and WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in her office for public inspection, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on the 26th day of June, 2006 in council chambers of city hall at 6:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll no less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, the City Finance Director, except that no interest shall be charged if the entire assessment is paid by November 26, 2006. If assessment is not paid in full, interest shall accrue beginning on October 27, 2006. He may at any time thereafter, pay to the City Finance Director the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 22nd day of May, 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.