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HomeMy WebLinkAbout09/25/2006 Council PacketCOUNCII Monday September 25, 2006 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members Carlson, O'Donnell, Reinert & Stoltz City Administrator: Gordon Heitke UNC�L ARK SESS foAlif Community Room (not televised) A) Review of Regular Council Meeting Agenda B) Pomp's Tire Landscaping and Screening Plan Update ➢ Open Mike / Public Comment Teresa O'Connell, 1000 Main St, asked a question about requirements that lighting in the city point downward; staff explained the current regulations and were directed to investigate the locations provided ➢ Call to Order and Roll Call 6:40 p.m. — Present were Mayor Bergeson, Council Members O'Donnell, Reinert, Carlson & Stoltz ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was approved. A) Consideration of Expenditures: i) September 25, 2006 (Check No. 77676 through 77819) in the amount of $840,713.16; ii) Centennial Fire District (Check No. 15332 through 15346) in the amount of $28,958.14. B) Consider approval of September 6, 2006 Council Work Session Minutes Pg 5 -14 Pg 15 Pg 16 -19 C) Consider approval of September 11, 2006 City Council Meeting Pg 20 -25 Minutes Council Agenda -2- SUMMARY MINUTES D) Consideration of Resolution No. 06 -157, Approving Final Pay Request, 2006 Street Overlay Project 9/25/2006 Pg 26 -32 Action Taken: Motion by Reinert, seconded by Stoltz, to approve the Consent Agenda, Items 1A through 1D was adopted by a unanimous voice vote. NCE DEPART i ((0 10 K OZOTiv A) Consider Resolution No. 06 -147 Providing for Issuance and Sale $3,025,000 General Obligation Capital Improvement Plan Bonds Series 2006E A &B Pg 33 -82 Action Taken: Motion by O'Donnell, seconded by Carlson, to approve Resolution No. 06 -147, was adopted by a unanimous voice vote. B) Consider Resolution No. 06 -148 Providing for the Issuance and Sale of $1,745,000 General Obligation Water Revenue Refunding Bonds Series 2006F Action Taken: Motion by Stoltz, seconded by Reinert, to approve Resolution No. 06 -147, was adopted by a unanimous voice vote. 1 None None TI ENT REPORT-'Rick DeGardner None A) Public Hearing, Consider 1St Reading of Ordinance No. 09 -06, Amending the Zoning Ordinance to modify the allowable uses within the NB, Neighborhood Business, and the LB, Limited Business and GB, General Business zoning districts, Jeff Smyser roll call required Action Taken: Motion by Carlson, seconded by Stoltz, to close the public hearing, was adopted by a unanimous voice vote; Motion by Reinert, seconded by O'Donnell, to approve the first reading of Ordinance No. 09 -06, as amended to remove section on residential care facilities, was adopted by a unanimous voice vote. Pg 83 -101 Council Agenda -3- 9/25/2006 SUMMARY MINUTES B) Consider 1st Reading of Ordinance No. 10 -06, Rezone Certain Pg 102 -105 Real Property from LB, Limited Business, to NB, Neighborhood Business, Lot 1, Block 16, Millers Crossroads, located at the southeast corner of Birch St. and Hodgson Rd — Jeff Smyser roll call required Action Taken: Motion by Carlson, seconded by Reinert, to approve the first reading of Ordinance No. 10 -06, was adopted by a unanimous voice vote. C) Consideration of Resolution No. 06 -156, Amending the Foxborough Conservation Easement to Allow for Development Monument Sign, Jeff Smyser Pg 106 -111 Action Taken: Motion by O'Donnell, seconded by Stoltz, to approve Resolution No. 06 -156, was adopted by a unanimous voice vote. VNFINISHFD U . WEBS None None n Motion by O'Donnell, seconded by Carlson, to adjourn at 7:23 p.m., was adopted by a unanimous voice vote. Community Calendar - A Look Ahead September 26- October 9, 2006 4 Wednesday, 9/27/2006 Monday, 10/2/2006 4. Monday, 10/2/2006 4 Monday, 10/9/2006 Environmental Board Meeting Park Board Meeting City Council Work Session City Council Regular Meeting 6:30 p.m. 6:30 p.m. 5:30 p.m. 6:30 p.m. Pt St-. .4 al C is—h,b 0 COMPANY September 19, 2006 The Honorable John Bergeson, Mayor Members of City Council City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Dear Mayor Bergeson and Council Members: Enclosed are the preliminary list of Citizen Visioning Committee membership and a revised proposed schedule for the period August 14, 2006 through January 8, 2007. In addition to the Citizen Visioning Committee, we will provide an opportunity for interested citizens to apply for consideration for appointment to Issue Project Teams formed to address areas of strategic importance in achieving the community's vision for Lino Lakes' future. Selection of persons to serve on each Issue Project Team will be made by the Citizen Visioning Committee. Sincerely, Carl H. Neu, Jr. CHN /sw Enclosure SPOTLIGHT O\ Citizens Visioning Committee Preliminary List Precinct Name Address 1 Kathryn Gallup 508 Woodduck Trail 2 Tiffany Carroll 554 Lois Lane 2 Cheryl Nickolausen 195 74th Street 3 Robert Ringwald 7085 Antelope Drive 3 Grant Ross 165 Red Clover Lane 3 Carol Sanchez 7086 2nd Avenue 3 Renee Skradde 7133 Rice Lake Dr. 4 Peter Brown 6897 Black Duck Dr. 4 Paul Druck 1505 Pheasant Hills Cr. 4 Sally Nelson 6946 West Shadow Lake Dr. 4 Haila Redda 1041 Black Duck Ct. 4 Edward Thurmes 1167 Ruffed Grouse Ct 5 Paula Andrzej ewski 6144 Laurene Ave 5 Judith Brunner 270 Linda Street 5 Stephanie Johnson 300 Apple Lane 5 David Tazelaar 271 Cherry Lane 6 Greg Berger 755 Fox Rd. 6 Dr. Leland Eliason 1533 Meadowview Court 6 Steve Grandquist 6273 Coyote Ct. 6 Thomas McAlpine 6398 Otter Lake Rd. 6 Tedd Mattke 599 Hawthorne Rd. 6 Mary Pap 986 Aspen Lane 6 Mark Pariseau 6217 Centerville Rd. SPOTLIGHT 0 City of Lino Lakes Community Vision and Strategic Plan Revised Proposed Schedule ** Carl Neu to be in attendance Date Activity August 14 Establish/launch Web site August 10 Newsletter August 18 Mayor's letter to list of approximately 200 randomly selected people to be provided by Carl Neu Sept 5 Initiate forum calls Sept 25 City Council receives list of Community Visioning Committee (CVC) and schedule of visioning process Sept 25 Postcard is mailed ** Sept 30 9:00 -12:00 Saturday CVC Orientation Meeting at City Hall ** Oct. 10 7:30 — 9:00 a.m. Community Vision Business Forum Community Room ** Oct 10 & 12 (see Footnote) Community Forums at Eagle Brook Church November 1 6:30 — 9:00 p.m. CVC Meeting with subcommittees November 6 — Dec. 10 Subcommittee meetings November 14 Lino Lakes News 9/19/2006 1 i 2 Dec 10 -15 Drafting of community vision and strategic plan Dec. 15 Draft plan submitted to community and council for review Jan 3 Council work session/regular meeting( ?) Presentation of draft plan to council Jan 8 Council meeting Official receipt of plan Jan 8 Expression of thanks to CVC members 2 • • • dal WORK SESSION ITEM B STAFF ORIGINATOR: Paul Bengtson MEETING DATE: September 25, 2006 TOPIC: Screening Plan Pomp's Tires 7385 Apollo Court BACKGROUND Izzlo On January 23, 2006 the City Council approved the Pomp's Tires facility at 7385 Apollo Court. As part of this approval, the developer was required to meet all screening requirements of the zoning ordinance. The building is significantly complete and after an inspection of the partially installed landscaping by city staff this past week, it became very apparent that the previously approved landscape plan was going to fall short of meeting the screening requirement of 6 feet of screening materials (be it berm, landscaping, fence, or a mixture thereof) with an opacity of 80% at time of installation. City staff met with representatives from Pomp's Tires to discuss this situation and as a result the developer submitted a revised screening plan for the property. This revised screening plan includes a cedar screening fence along the non - bermed portion of the western property line. This is augmented with landscaping materials on the outside and inside of the fence. On the berm the developer has added a hedgerow of 125 arborvitaes measuring 3.5 feet in height. This revised plan clearly meets the letter and intent of the screening requirements of the zoning ordinance. Staff was also able to meet with the resident at 7381 Jon Avenue, directly west of the site, in regards to this revised plan and it seemed to address most of his concerns with the landscaping of the site. Staff brought these plans forward to the Council due to the lengthy discussions about the landscaping for the project. The developer will begin installation of the improvements upon concurrence by the council. The developer has agreed to complete all improvements within sixty days, and staff will withhold development securities put forth for the performance agreement in the amount of the improvements until such time that they are completed. • • • —tea,, 31ro I an Imam, •esinal 1••• h .use r .a u r s .ee.e.a. mu wo w anr.�rzie nwem uwe a. 2323.... i.o -�-.o way. °.u•m xew a. .w.w lao-I 45 R �" 5N06N31 r 3LV0 0£137S IM 'VNOVNfV)I SS OV08 31V1S 91ZN 83113N NVId 3dV3S0NV1 3115 NW Mir 011i1 '15 N0 / lano3 O110dV 1001 0NV 32311 31V1S0111 6 0 attl 11 l to 11 i 0 L 1 111 w� V if ;1i W w � cn 1 1 I I 1 11 1 1 1 i1 231! ilff; 1# 11 111 E 7 11112 11 {ii !! j1 �t 1 1 1 1 it, 111I-I11,411t 111 I. di df 9111 11 { Ia 1e11 1 1�t ttj � � ` j 1 , 11_ 11 ' a `1.1 [1111 #t;li Ii 11 111; j 111t11 110 231E11 ill 1- ! sit 4 t tli :{ aA 11 1 1 P€ it lit 3 S a 0 2 E 0 wmmm��miommm��� 3 0 0 0 Hog ind =�da� .1141=11 111 • • • I, 01I.L3W ffri 41# —C•■ 711 MVO 00 1:09 SNO(000 V0 0£ltG IM vNnVNnV71 SS OVOd 3LVIS 9LZN N3"113N it, ii si i ilf i=i IN • ; hi 1 1 In i 71 13 it kii ?• if 1 1 11 1 i11 i i{ iI i 11t1 ii /9 1 1 5 3 1 a e 1 6e tKa 1 1ii g ${ $3 1 _ 114 n pa �� E§ Eis = 1E Ia�i 4 18 ;di a 5 i Y $ E E$ ! 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NVId 3dVOSONVI 14838 NW '23)1Y1 oNn IS Nor / lano3 O110dV 1001 ONV 3HJ. 31V1SOM a • • RECEIVED GO 0 0- CITY OF LINO LAKES 09/20/2006 WED 14:54 FAX (1001 /002 City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 -9367 PHONE: (651) 762 -6300 FAX (651) 426 -2859 EMAIL: info ®cLhugo.mn.t' FAXED — September 20, 2006 TO: Wayne Sandberg 430 -4350 Mike Rogers 430 -4350 Kate Garwood 763 - 862 -4201 Doug Fischer 763 - 862 -4201 Dennis Hegberg 430 -6017 Dallas Larson 429 -8629 Gordon Heitke 982 -2499 Michael Grochala 982 -2499 Chip Robinson 464 -4968 Elizabeth Mursko 464 -5922 Mark Kennedy 763 -684 -1730 Ray Vandeveer 296 -8803 Michele Bachmann 296 -9441 Matt Dean 296 -5807 Nick Thompson 582 -1302 Rhonda Sivarajah 763- 323 -5682 Georgie llilker 762 -0317 Bob Mazanec 602 -1674 Steve Hobbs RCWD 763 - 398 -3088 Bob Benke 763 -424 -1174 FROM: Mike Ericson, City Administra Fran Miran, Mayor Becky Perryk Council Member Wad Fronk Puleo. Council Member Ward 2 Chuck Jlaaa. Council Member Ward 3 Mike Graver, Council Member ar Large Plcasc find attached the agenda for the next I -35 W/E Coalition meeting scheduled for Thursday, September 28, 2006, 7:00 pm, at Hugo City Hall. Please call me at 651 -762- 6312 with your comments. /mac 09/20/2006 WED 14:54 FAX 145002/002 AGENDA 1-35 W/E COALITION MEETING CITY COUNCILS OF HUGO, LINO LAKES, CENTERVILLE AND FOREST LAKE, WASHINGTON COUNTY, ANOKA COUNTY, AND COLUMBUS TOWNSHIP THURSDAY, SEPTEMBER 28, 2006 - 7:00 PM ONEKA, ROOM - HUGO CITY HALL 7:00 pm 1. Call to Order and Welcome — Mayor Fran Miron 7:01 pm 2. Introductions — By Attendees 7:10 pm 3. Presentation of City of Columbus and Review of History from Columbus Township 7:25 pm 4. Update on CSAII 8/14 Project • Asst Washington County Engineer Wayne Sandberg 7:50 pm 5. Update on CSAII 14 Project • Anoka County Engineer Doug Fischer 8:10 pm 6. Memorandum of Agreement between City of Hugo and Rice Creek Watershed District for Routine Maintenance of Judicial Ditch #2 /Hardwood Creek 8:20 pm 7. City and County Updates 8:25 pm 8. New Business /Schedule Next Meeting 8:30 pm 9. Adjournment Stu September 25, 2006 Honorable Mayor John Bergeson City of Lino Lakes 600 Town Center Drive Lino Lakes, MN 55014 Re: Proposed changes to the Neighborhood Business zoning district Dear Mayor Bergeson, As you know, Bruggeman Properties objects to rezoning of the Miller's Crossroads retail center from limited business to neighborhood business. However, as the City Council will likely proceed with the rezoning in spite of our objections, we are hereby providing additional information for your consideration regarding the proposed revisions to the neighborhood business zoning classification. We have reviewed the uses and proposed changes to the Neighborhood Business zoning district. As described in the city's zoning code "the purpose of the NB, Neighborhood Business District is to provide for the establishment of local businesses for convenience, limited office, retail or service outlets which deal directly with the daily requirements of the immediate neighborhood and which are located along a collector or arterial roadway." In that regard, the following permitted uses present in our current zoning should be added to the Neighborhood Business zoning classification: • Liquor sales, both on and off, but especially on -sale for small specialty restaurants. Ethnic or specialty restaurants are very typical tenants of neighborhood centers, and commonly serve beer, wine and liquor. • Recreational business contained entirely within the principal building. This could be interpreted to prohibit exercise or work -out facilities (such as Curves) and other similar businesses that are common tenants of neighborhood centers. • Service business — off site. This term is vague and could be interpreted broadly to include pizza and other food or service delivery businesses, such as Dominos. • Specialty schools such as music, dance, martial arts, gymnastic, or business /trade schools are common and appropriate tenants of neighborhood centers and should be permitted. The current conditional uses in Neighborhood Business are appropriate, and the following conditional uses should be added: • Accessory drive - though facilities with provisions clearly eliminating the most intensive drive - through uses, such as, large fast food restaurants. Conditional uses for less intensive purposes such as dry cleaners, small restaurants, bank facilities with less than two drive up lanes and drug stores are appropriate for this zoning classification and serve only the immediate neighborhood. • Private specialty schools such as music, dance or business schools (if specialty schools are not added as a permitted use in NB). • Restaurants with accessory outdoor dining facilities because this is a desirable walkable use in a neighborhood. • Residential Apartments, such as an extended care facility or small hospice or memory care facility. The changes we are suggesting are critical to the commercial viability of a neighborhood business center and the current NB zoning classification should be expanded as described above. We appreciate the opportunity to provide our input into this important issue. Please contact me if you have any questions. Sincerely, Becky Nelson BRUGGEMAN COMPANIES 651 -491 -0853 September 25, 2006 Honorable Mayor John Bergeson City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 -1182 Re: Millers Crossroads Shopping Center Dear Mayor Bergeson, Bruggeman Properties hereby respectfully requests the city denies the proposed rezoning of our property on the southeast corner of Hodgson Road and Birch Street in Lino lakes from Limited Business (LB) to Neighborhood Business (NB). Our reasons for requesting the denial are as follows: 1) The application for rezoning is being requested without the consent of the property owner. The full extent of the zoning code amendments to LB and NB currently being proposed by staff, and the resulting impact to our property can not be determined until the city council acts on the item. Procedurally and fundamentally it is not in our best interest to voluntarily, or more importantly unknowingly, give up zoning, and therefore we can not support this application. 2) This rezoning action is being taken by the City Council to prevent our application for certain conditional uses in the future. As part of our original application a site plan was submitted and approved that did not include a service station or drive - through. The discussions with City Council at the time of prior approval were focused on service stations and major -chain fast food restaurants (i.e. Burger King, etc.). Our recent application for a drive though was simply a request for a coffee house. We believed it to be a reasonable request and not in conflict with the spirit of the prior plan approval. Any traffic impacts from the plan change were demonstrated to be minimal at best. Evidently Staff and Planning Commission saw it that way as well, as we received a positive Staff report and approval from the Planning Commission. As you may recall, the only significant public objection was from the neighboring coffee shop owner. The Council has discretion under the conditional use permit process. We withdrew our application as it was apparent the Council would use its discretion to override the Planning Commission recommendation and would have denied the conditional use permit request. This was a decision we disliked, but a process that worked. There is no need for further limitations on the property or to bar future bodies from using their discretion as circumstances change and warrant. 3) The current LB zoning for the site is supported by the City Zoning Code. The LB District zoning code for the City in fact states "There may be some areas which are suitable only for commercial uses of a limited (less intense) nature. This may be due to the close proximity of residential uses. ...The LB District can be used as a transitional district or buffer between non - compatible uses such as intense commercial (GB) and residential uses." This is a proven planning technique and was the basis for the Comprehensive Plan and the rezoning for our property. It is exactly the situation which our commercial site faces with medium density residential to the east and south and GB zoning to the north. Then compared to the property Mayor John Bergeson September 25, 2006 Page 2 directly north of our site, the City's has allowed the most intensive commercial zoning, GB, adjacent to R -1 single family. Staff has indicated rezoning our property to LB was an "error", so using the same logic, clearly the zoning to the north to GB was an even bigger error. That location is similar and the intensity of uses is less compatible. Therefore, the City needs to be consistent and rezone that property as well, to eliminate non - conforming uses of the property in the future. 4) We understand that this rezoning maybe a foregone conclusion and will be adopted regardless of our position. As a property owner we are troubled by the assertion that a public meeting and debate of ideas is meaningless. We may not have always agreed with the City, but always respected the process. 5) The pending action of the Council to deny the conditional use permit for the drive - through has effectively prevented our development of the site as recently proposed. We have lost a quality tenant that would have anchored the building and will likely lose another quality tenant as a result. The long term use of the site is now uncertain and the property has lost substantial value. It is unclear why such a "firestorm" has developed over a simple request for a drive - through window for a coffee house. We rely on the Council to continue to use fair and impartial judgment and consider our arguments before rendering a decision. Please deny this rezoning. Sincerely, Becky Nelson Bruggeman Properties, LLC Page 1 of 1 Jeff Smyser From: Becky NELSON [bg_nel @msn.com] Sent: Monday, September 25, 2006 4:34 PM To: Jeff Smyser Subject: RE: Millers Crossroads commercial site Attachments: Lino092506JBergesonCodeClean .doc; Lino092506JBergesonObjectionClean .doc Jeff, Please distribute to the Mayor and Council Members. Thank you, Becky Nelson Get today's hot entertainment gossip 9/25/2006 • • • • Monday September 25, 2006 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members Carlson, O'Donnell, Reinert & Stoltz City Administrator: Gordon Heitke Community Room (not televised) A) Review of Regular Council Meeting Agenda B) Pomp's Tire Landscaping and Screening Plan Update ETI ➢ Open Mike / Public Comment ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items A) Consideration of Expenditures: i) September 25, 2006 (Check No. 77676 through 77819) in the amount of $840,713.16; ii) Centennial Fire District (Check No. 15332 through 15346) in the amount of $28,958.14. Pg 5 -14 Pg 15 B) Consider approval of September 6, 2006 Council Work Pg 16 -19 Session Minutes C) Consider approval of September 11, 2006 City Council Meeting Pg 20 -25 Minutes D) Consideration of Resolution No. 06 -157, Approving Final Pay Pg 26 -32 Request, 2006 Street Overlay Project • • • Council Agenda -2- 9/25/2006 A) Consider Resolution No. 06 -147 Providing for Issuance and Sale $3,025,000 General Obligation Capital Improvement Plan Bonds Series 2006E B) Consider Resolution No. 06 -148 Providing for the Issuance and Sale of $1,745,000 General Obligation Water Revenue Refunding Bonds Series 2006F None 'Y DE None None A &B Pg 33 -82 A) Public Hearing, Consider 1st Reading of Ordinance No. 09 -06, Pg 83 -101 Amending the Zoning Ordinance to modify the allowable uses within the NB, Neighborhood Business, and the LB, Limited Business and GB, General Business zoning districts, Jeff Smyser roll call required B) Consider 1st Reading of Ordinance No. 10 -06, Rezone Certain Pg 102 -105 Real Property from LB, Limited Business, to NB, Neighborhood Business, Lot 1, Block 16, Millers Crossroads, located at the southeast corner of Birch St. and Hodgson Rd — Jeff Smyser roll call required C) Consideration of Resolution No. 06 -156, Amending the Foxborough Conservation Easement to Allow for Development Monument Sign, Jeff Smyser Pg 106 -111 None None A Council Agenda • • • -3- 9/25/2006 Community Calendar- A Look Ahead September 26- October 9, 2006 Wednesday, 9/27/2006 4. Monday, 10/2/2006 Monday, 10/2/2006 4 Monday, 10/9/2006 Environmental Board Meeting Park Board Meeting City Council Work Session City Council Regular Meeting 6:30 p.m. 6:30 p.m. 5:30 p.m. 6:30 p.m. ITEM lAi • EXPENDITURES SEPTEMBER 25, 2006 • • Date: 09/07/2006 Time: 11:23:21 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) • Invoice #: (A) Entry Journal #: (R) 5694 - 5694 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Options: Detail / Summary: S Sort: N Operator: JAL Page: 1 Invoice Status: A # of copies: 1 Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000316 CLASSIC CAREFREE HOMES, INC. 1 500.00 500.00 .00 .00 000408 AFSCME COUNCIL #5 1 814.63 814.63 .00 .00 000410 ANOKA COUNTY 1 24.00 24.00 .00 .00 000468 RELIASTAR LIFE INSURANCE COMPANY 1 1,466.83 1,466.83 .00 .00 000526 SHADE TREE CONSTRUCTION 1 500.00 500.00 .00 .00 000667 C R I CONSTRUCTION 1 1,500.00 1,500.00 .00 .00 000669 EVERSON, JENNIFER 1 20.00 20.00 .00 .00 000670 GRONE, LISA 1 40.00 40.00 .00 .00 000671 HUNTINGTON HOMES, INC. 1 500.00 500.00 .00 .00 000674 LARSON, ANN 1 10.00 10.00 .00 .00 000675 O'MALLEY, MARIANNE 1 50.00 50.00 .00 .00 1111161 OIVAS, CHRISTINE 1 70.00 70.00 .00 .00 000710 ROGGENBUCK CUSTOM BUILT HOMES, INC. 1 500.00 500.00 .00 .00 001100 CIRCLE PINES POST OFFICE 1 518.29 518.29 .00 .00 001108 CIRCLE LEX LIONS CLUB 1 145.00 145.00 .00 .00 001187 CONNEXUS ENERGY 1 3,923.16 3,923.16 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 851.00 851.00 .00 .00 002700 CENTERPOINT /MINNEGASCO, INC. 1 60.64 60.64 .0C .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 246.42 246.42 .00 .00 003230 MECKLE, TERRY 1 27.99 27.99 .00 .00 003930 SCHLOER, PAULA 1 38.70 38.70 .00 .00 004842 BARTELL, JULIE 1 30.60 30.60 .00 .00 • Date: 09/07/2006 Time: 11:23:21 City of Lino Lakes FM Entry - Invoice Journal Name Operator: JAL Page: 2 Discount # of items Net Gross Discount Lost 900066 AVALON HOMES, INC. 1 500.00 500.00 .00 .00 900224 NORTH COUNTRY BUILDERS 1 2,500.00 2,500.00 .00 .00 900329 DAVID A PEARSON HOMES, INC. 1 500.00 500.00 .00 .00 900494 NORTHERN ESCROW, INC. 1 34,229.95 34,229.95 .00 .00 Grand Totals: 26 49,567.21 49,567.21 .00 .00* • • Date: 09/15/2006 Time: 09:08:04 Ranges: Vendor #: (A) • Invoice #: (A) Entry Journal #: (R) 5713 - 5713 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 000020 A & L SUPERIOR SOD CO, INC. 1 33.07 33.07 .00 .00 000022 NORTHERN WATER WORKS SUPPLY, INC. 2 87.31 87.31 .00 .00 000057 PREMIUM WATERS, INC. 1 59.67 59.67 .00 .00 000080 ABLE HOSE AND RUBBER, INC. 3 191.34 191.34 .00 .00 000093 ACE SOLID WASTE, INC. 1 501.11 501.11 .00 .00 000111 GLEWWE DOORS, INC. 1 260.00 260.00 .00 .00 000158 ALL STAR SPORTS, INC. 1 1,596.00 1,596.00 .00 .00 000162 BARNA, GUZY & STEFFEN, LTD. 1 966.00 966.00 .00 .00 000177 MAIN FLORAL LTD, INC. 1 68.17 68.17 .00 .00 000191 MACQUEEN EQUIPMENT, INC. 2 344.76 344.76 .00 .00 000210 AMERICAN FASTENER & SUPPLY, INC. 2 59.67 59.67 .00 .00 •6 DEEP ROCK WATER COMPANY 1 5.20 5.20 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 1 959.50 959.50 .00 .00 000304 KUSTERMAN, BILL 1 50.00 50.00 .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 95.53 95.53 .00 .00 000347 MULTICARE ASSOCIATES 1 75.00 75.00 .00 .00 000364 NORTHERN AIR CORPORATION 2 1,292.50 1,292.50 .00 .00 000405 RYDEEN, LESTER 1 76.79 76.79 .00 .00 000420 ANOKA COUNTY 2 276.00 276.00 .00 .00 000465 MN DEPT OF ADMIN /INTECH GROUP 1 37.00 37.00 .00 .00 000540 AUTO- MEDICS, INC. 1 170.40 170.40 .00 .00 000673 LANDFORM ENGINEERING COMPANY, INC. 1 353.75 353.75 .00 .00 • Date: 09/15/2006 Time: 09:08:04 City of Lino Lakes FM Entry - Invoice Journal •r* Name Operator: JAL Page: 2 Discount # of items Net Gross Discount Lost 000654 MINVALCO, INC. 1 97.17 97.17 .00 .00 000698 KEY LAND HOMES 1 2,500.00 2,500.00 .00 .00 000699 SIGN *A *RAMA 1 149.10 149.10 .00 .00 000701 SHUDY, DENNIS 1 75.82 75.82 .D0 .00 000704 SECURITY PRODUCTS COMPANY 1 6,714.20 6,714.20 .00 .00 000707 SCHLESIGER, RITA 1 80.00 80.00 .00 .00 000708 BROWNSTONE PROPERTIES 1 66.68 66.68 .00 .00 000716 EDINA REALTY TITLE 1 9.03 9.03 .00 .00 000717 BAKKER, MIKE 1 70.00 70.00 .00 .00 000724 BLUE TOW SERVICE, INC. 1 214.81 214.81 .00 .00 000727 BOMBARD, MONIQUE 1 50.00 80.00 .00 .00 000735 WIERZBINSKI, JULIE 1 25.00 25.00 .00 .00 000768 SPORTS UNLIMITED, INC. 1 650.00 650.00 .00 .00 000888 JOHNSON, RICK /DEER & BEAVER, INC. 1 90.00 90.00 .00 .00 000900 O'REILLY AUTOMOTIVE, INC. 1 354.00 354.00 .00 .00 •930 WILLIAM G. HAWKINS & ASSOCIATES 1 12,643.00 12,643.00 .00 .00 0935 PURMORT HOMES, INC. 1 500.00 500.00 .00 .00 000946 C. P. OFFICE PRODUCTS 3 781.38 781.38 .00 .00 000947 DIAMOND VOGEL PAINTS, INC. 1 1,378.79 1,378.79 .00 .00 001040 CENTENNIAL FIRE DISTRICT 1 1,500.00 1,500.00 .00 .00 001043 CENTRAL LANDSCAPING, INC. 1 9,406.77 9,406.77 .00 .00 001056 KINKO'S 1 113.74 113.74 .00 .00 001260 ACCLAIM BENEFITS 1 154.50 154.50 .00 .00 001263 OWENS, WILLIAM 1 90.00 90.00 .00 .00 001267 FAST BREAK CORNER MARKET, INC. 1 19.16 19.16 .00 .00 001270 DALCO, INC. 2 158.00 158.00 .00 .00 001292 DEHN OIL COMPANY, INC. 1 4,839.95 4,839.95 .00 .00 • Date: 09/15/2006 Time: 09 :08:04 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 3 Discount # Name # of items Net Gross Discount Lost 001480 HAWKINS INC. 2 7,510.70 7,510.70 .00 .00 001530 FOREST LAKE FORD, INC. 1 148.16 148.16 .00 .00 001540 FORESTRY SUPPLIERS, INC. 1 43.92 43.92 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 1 379.98 379.98 .00 .00 001561 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 3 930.17 930.17 .00 .00 001680 ONE CALL CONCEPTS, INC. 1 558.25 558.25 .00 .00 001940 HILLESHEIM, TIM 1 54.90 54.90 .00 .00 001860 KENNEDY AND GRAVEN, INC. 2 13,057.80 13,057.80 .00 .00 001880 HUGO FEED MILL & ELEVATOR, INC. 1 302.28 302.28 .00 .00 001971 INFRATECH TECHNOLOGIES, INC. 1 15,824.00 15,824.00 .00 .00 002154 KLUEGEL, PETER 1 53.98 53.98 .00 .00 002212 CLOUD NINE GRAPHIC DESIGN, INC. 1 670.00 670.00 .00 .00 002320 LEAGUE OF MN CITIES INS TRST 1 144,619.00 144,619.00 .00 .00 002328 LEEF BROTHER, INC. 1 17.08 17.08 .00 .00 002355 LINDY, GEORGE 1 75.00 75.00 .00 .00 002570 METRO COUNCIL WASTEWATER SERVICES 1 89,263.20 89,263.20 .00 .00 1111084 METRO SALES INCORPORATED 2 845.96 845.96 .00 .00 002694 AMERICAN MESSAGING 1 26.94 26.94 .00 .00 002788 QUICKSILVER EXPRESS COURIER, INC. 1 25.54 25.54 .00 .00 002822 MINNESOTA COUNTY ATTORNEYS ASSOC 1 70.82 70.82 .00 .00 002849 MINNESOTA PETROLEUM SERVICE, INC. 1 38.59 38.59 .00 .00 002890 MILLER, CHRIS 1 380.00 380.00 .00 .00 003021 IDEA ART, INC. 1 68.75 68.75 .00 .00 003050 MRPA 2 495.00 495.00 .00 .00 003121 BERKLEY RISK ADMINISTRATION 1 1,500.00 1,500.00 .00 .00 003123 NATURE CALLS, INC. 1 666.50 666.50 .00 .00 003180 NEWMAN TRAFFIC SIGNS, INC. 1 743.16 743.16 .00 .00 • Date: 09/15/2006 Time: 09:08:04 City of Lino Lakes Operator: JAL Page: 4 FM Entry - Invoice Journal Discount 11111r # Name # of items Net Gross Discount Lost 003220 FACTORY MOTOR PARTS COMPANY, INC. 1 101.08 101.08 .00 .00 003227 MN FALL MAINTENANCE EXPO 1 280.00 280.00 .00 .00 003250 XCEL ENERGY 2 1,855.11 1,855.11 .00 .00 003271 HSBC BUSINESS SOLUTIONS 2 19.16 19.16 .00 .00 0032B4 FROST, JEFFREY 1 22.46 22.46 .00 .00 D03293 SKYHAWKS SPORTS ACADEMY, INC. 2 6,059.00 6,059.00 .00 .D0 003300 NORTHWAY IRRIGATION /LANDSCAPING 1 93.27 93.27 .00 .00 003443 OTj.b,rR LAKE ANIMAL CARE CENTER, INC. 1 799.60 799.60 .00 .00 003465 VIKING ELECTRIC SUPPLY, INC. 1 512.06 512.06 .00 .00 003492 PETTY CASH 1 218.41 218.41 .00 .00 003510 KOEHN, TOM 1 85.00 85.00 .00 .00 003521 EMBEDDED SYSTEMS, INC. 1 953.18 953.18 .00 .00 003524 PITNEY BOWES, INC. 1 247.78 247.78 .00 .00 003600 PRESS PUBLICATIONS, INC. 5 495.80 495.80 .00 .00 003641 QQEST SOFTWARE SYSTEMS, INC. 1 349.0D 349.00 .00 .00 •860 RUFFRIDGE- JOHNSON, INC. 1 55.82 55.82 .00 .00 003880 SHORT- ELLIOTT- HENDRICKSON, INC. 1 19,831.32 19,831.32 .00 .00 003900 SAFETY KLEEN CORPORATION, INC. 1 462.54 462.54 .00 .00 003910 SAM'S CLUB, INC. 1 92.54 92.54 .00 .D0 004100 SPRINGSTED, INC. 2 28,177.26 28,177.26 .00 .00 004120 ST. JOSEPH EQUIPMENT, INC. 1 11.53 11.53 .00 .00 004150 STAR TRIBUNE, INC. 2 1,170.60 1,170.60 .00 .00 004240 STREICHER'S, INC. 2 310.38 310.38 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 3 123,532.68 123,532.68 .00 .00 004350 T.K.D.A. 28 100,807.29 100,807.29 .00 .00 004367 TASCHUK, PAM 1 50.00 50.00 .00 .00 004410 THANE HAWKINS POLAR CHEVROLET, INC. 1 8.79 8.79 .00 .00 • Date: 09/75/2006 Time: 09:08:05 City of Lino Lakes FM Entry - Invoice Journal Operator: JAL Page: 5 Discount 11111Lr # Name # of items Net Gross Discount Lost 004427 TIMESAVER OFF -SITE SECRETARIAL, INC 1 315.00 315.00 .00 .00 004540 TWIN CITY GARAGE DOOR CO., INC. 1 251.48 251.48 .00 .00 004560 U S BANK 1 2,726.99 2,726.99 .00 .00 004562 NATIONAL WATERWORKS /HUGHES SUPPLY, INC. 1 1,085.00 1,085.00 .00 .00 004606 U. S. BANK 2 1,025.00 1,025.00 .00 .00 004840 WINNICK SUPPLY, INC. 2 299.58 299.58 .00 .00 004842 BARTELL, JULIE 1 41.89 41.89 .00 .00 005030 ELECTION SYSTEMS E SOFTWARE, INC. 1 2,394.79 2,394.79 .00 .00 900224 NORTH COUNTRY BUILDERS 3 5,500.00 5,500.00 .00 .00 900491 ROSEVILLE, CITY OF 1 1,666.67 1,666.67 .00 .00 900494 NORTHERN ESCROW, INC. 1 160,548.34 160,548.34 .00 .00 Grand Totals: 173 791,145.95 791,145.95 .00 .00* • • Date: 09/15/2006 Time: 09:24:45 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) (A) (A) (A) Print: D Report Format: 1 # of copies: 1 Total By Account: Y Check # Vendor Alpha Name 5695 5721 Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept Amount 77678 AFSCME COUNCIL #5 0 ANOKA COUNTY 77679 AVALON HOMES, INC. 0 BAKKER, MIKE 0 BERKLEY RISK ADMINISTR 0 BOMBARD, MONIQUE 0 BROWNSTONE PROPERTIES 77681 C R I CONSTRUCTION O CENTENNIAL FIRE DISTRI 77683 CIRCLE LEX LIONS CLUB 77684 CLASSIC CAREFREE HOMES 77686 DAVID A PEARSON HOMES, 0 EDINA REALTY TITLE 77687 EVERSON, JENNIFER II, 88 GRONE, LISA 89 HUNTINGTON HOMES, INC. O KEY LAND HOMES 0 KOEHN, TOM 77690 LARSON, ANN 77691 LAW ENFORCEMENT LABOR O LEAGUE OF MN CITIES IN 0 METRO COUNCIL WASTEWAT 77693 MN CHILD SUPPORT PANNE 0 NEWMAN TRAFFIC SIGNS, O NORTH COUNTRY BUILDERS 77694 NORTH COUNTRY BUILDERS 77696 O'MALLEY, MARIANNE 77697 OIVAS, CHRISTINE O PURMORT HOMES, INC. 77699 RELIASTAR LIFE INSURAN 77700 ROGGENBUCK CUSTOM BUIL O SAM'S CLUB, INC. 0 SCHLESIGER, RITA 0 SECURITY PRODUCTS COMP 77702 SHADE TREE CONSTRUCTIO 0 SHUDY, DENNIS • PAYROLL WITHHOLDING RECORDING FEE REIMB BLDG ESCROW /7909 M REIMBURSE PROGRAM REC WORKERS COMPENSATION REIMBURSE PROGRAM REC REIMBURSE PRORATED LIQUO REIMB BLDG ESCROW /102 CE REIMBURSE LEXINGTON FIRE REFUND SANDBURR DAYS PER REIMB BLDG ESCROW /227 PA REIMB BLDG ESCROW /6280 W REIMBURSE OVERPAYMENT OF REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC REIMB BLDG ESCROW /6416 N REIMB BLDG ESCROW /1550 G REIMBURSE PROGRAM REC REIMBURSE PROGRAM REC PAYROLL WITHHOLDING 2006 -07 INSURANCE PREMIU * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** * * * * * * ** AUGUST SAC * * * * * * ** P WITHHOLDING /TERRY MECK * * * * * * ** HAZARD MARKER * * * * * * ** REIMB BLDG ESCROW /6180 L * * * * * * ** REIMS BLDG ESCROW /378 RA * * * * * * ** REIMBURSE PROGRAM REC * * * * * * ** REIMBURSE PROGRAM REC * * * * * * ** REIMB BLDG ESCROW /6703 M * * * * * * ** LIFE INSURANCE REIMS BLDG ESCROW /668 LO SUPPLIES REIMBURSE PROGRAM REC SOFTWARE REIMB BLDG ESCROW /7908 H REIMBURSE HYDRANT METER 814.63 46.00 500.00 70.00 1,000.00 80.00 66.68 1,500.00 1,500.00 145.00 500.00 500.00 9.03 20.00 40.00 500.00 2,500.00 85.00 10.00 851.00 96,412.00 44,500.50 246.42 743.16 5,500.00 2,500.00 50.00 70.00 500.00 1,105.12 500.00 56.26 80.00 6,714.20 500.00 75.82 Date: 09/15/2006 Time: 09:24:45 Operator: JAL • Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description O T.K.D.A. COMFORTS OF HOME 0 WIERZBINSKI, JULIE REIMBURSE PROGRAM REC O WILLIAM G. HAWKINS & A SMW CREDIT UNION Total for Dept ** 0 MRPA TEAM REGISTRATION 0 U S BANK Total for Dept 202 O IDEA ART, INC. LETTER PAPER Total for Dept 205 0 SKYHAWKS SPORTS ACADEM PROGRAM REC Total for Dept 207 O ALL STAR SPORTS, INC. T- SHIRTS O SPORTS UNLIMITED, INC. LACROSSE LEAGUE Total for Dept 208 77676 M ANOKA COUNTY PICNIC /GORDON H & JOHN B 0 BARTELL, JULIE SODA /CHIPS /SANDWICHES 77680 BARTELL, JULIE PIZZAS /WATER PITCHER O CLOUD NINE GRAPHIC DES ART WORK 0 LEAGUE OF MN CITIES IN 2006 -07 INSURANCE PREMIU O MAIN FLORAL LTD, INC. FLORAL ARRANGEMENTS O TIMESAVER OFF -SITE SEC AUG 21 Total for Dept 401 76 M 0 0 0 77699 0 0 ACCLAIM BENEFITS ANOKA COUNTY BARNA, GUZY & STEFFEN, PREMIUM WATERS, INC. PRESS PUBLICATIONS, IN RELIASTAR LIFE INSURAN STAR TRIBUNE, INC. U S BANK FLEXIBLE SPENDING ADMINI PICNIC /GORDON H & JOHN 5 PROFESSIONAL SERVICES MONTHLY SERVICE /AUGUST ADVERTISING /POLICE OFFIC LIFE INSURANCE ADVERTISING /POLICE OFFIC Total for Dept 402 0 C. P. OFFICE PRODUCTS OFFICE SUPPLIES O ELECTION SYSTEMS & SOF VOTING BOOTHS 0 PRESS PUBLICATIONS, IN PUBLIC ACCURACY TEST Total for Dept 403 Dept * * ** * * ** * * * * **** * * * * * * ** ADULT SP ADULT SP SPECIAL YOUTH IN YOUTH SP YOUTH SP MAYOR /CO MAYOR /CO MAYOR /CO MAYOR /CO MAYOR /CO MAYOR /CO MAYOR /CO ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ELECTION ELECTION ELECTION 77699 RELIASTAR LIFE INSURAN LIFE INSURANCE SENIORS Total for Dept 406 77699 RELIASTAR LIFE INSURAN LIFE INSURANCE FINANCE 0 ROSEVILLE, CITY OF MONTHLY SERVICE /SEPTEMBE FINANCE 77701 SCHLOER, PAULA REIMBURSE MILEAGE /PARKIN FINANCE 0 U S BANK FINANCE • Amount 70,898.71 25.00 65.00 241,279.53* 180.00 200.00 380.00* 68.75 68.75* 6,059.00 6,059.00* 1,596.00 650.00 2,246.00* 12.00 41.89 30.60 670.00 2,788.00 68.17 315.00 3,925.66* 154.50 12.00 966.00 59.67 410.00 23.75 1,170.60 291.54 3,088.06* 38.40 2,394.79 21.45 2,454.64* 4.75 4.75* 14.97 1,666.67 38.70 350.00 Date: 09/15/2006 Time: 09:24:45 Operator: JAL • Check # Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount Total for Dept 407 0 WILLIAM G. HAWKINS & A SMW CREDIT UNION Total for Dept 414 77699 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 415 0 0 0 77699 0 0 ANOKA COUNTY LANDFORM ENGINEERING C PRESS PUBLICATIONS, IN RELIASTAR LIFE INSURAN T.K.D.A. U S BANK 0 T.K.D.A. RECORDING FEE MASTER PLAN PUBLIC HEARING LIFE INSURANCE COMP PLAN /AUGUST Total for Dept 416 21ST AVE /AUGUST Total for Dept 417 77699 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 418 0 77685 0 0 0 0 0 0 0 0 0 0 0 77699 0 0 • BLUE TOW SERVICE, INC. CONNEXUS ENERGY EMBEDDED SYSTEMS, INC. EMERGENCY AUTOMOTIVE T FAST BREAK CORNER MARK KINKO'S LEAGUE OF MN CITIES IN MINNESOTA COUNTY ATTOR MN DEPT OF ADMIN /INTEC MULTICARE ASSOCIATES 0'1T R LAKE ANIMAL CARE OWENS, WILLIAM PETTY CASH RELIASTAR LIFE INSURAN STREICHER'S, INC. U S BANK 77699 RELIASTAR LIFE 0 77699 0 • KLUEGEL, PETER RELIASTAR LIFE T.K.D.A. '94 FORD F -350 MONTHLY SERVICE /AUGUST DECODER MIRROR LIGHTS CAR WASHES EXPLORERS SUPPLIES 2006 -07 INSURANCE PREMIU FORMS JULY USAGE HEPATITIS VACCINE /CURT B ANIMAN CONTROL REIMBURSE POST LICENSE SUPPLIES LIFE INSURANCE LAMP Total for Dept 420 INSURAN LIFE INSURANCE Total for Dept 421 REIMBURSE CLOTHING ALLOW INSURAN LIFE INSURANCE BUILDING PERMITS /AUGUST Total for Dept 422 0 A & L SUPERIOR SOD CO, SOD 0 AMERICAN FASTENER & SU HX- NUT /WASHER 2,070.34* LEGAL CO 12,203.00 12,203.00* ECONOMIC 4.75 4.75* PLANNING 184.00 PLANNING 353.75 PLANNING 28.60 PLANNING 9.50 PLANNING 4,910.32 PLANNING 465.04 5,951.21* ENGINEER 10,041.07 10,041.07* COMM DEV 11.87 11.87* POLICE 214.81 POLICE 21.31 POLICE 953.18 POLICE 692.82 POLICE 19.16 POLICE 113.74 POLICE 5,447.00 POLICE 70.82 POLICE 37.00 POLICE 75.00 POLICE 799.60 POLICE 90.00 POLICE 218.41 POLICE 142.50 POLICE 310.38 POLICE 867.46 10,073.19* FIRE 14.25 14.25* BUILDING 53.98 BUILDING 19.00 BUILDING 116.80 189.78* STREETS 33.07 STREETS 38.77 Date: 09/15/2006 Time: 09:24:45 Operator: JAL • Check # Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount 0 AMERICAN MESSAGING MONTHLY SERVICE /AUGUST 77685 CONNEXUS ENERGY MONTHLY SERVICE /AUGUST 0 DIAMOND VOGEL PAINTS, PAINT 0 FRATTALLONE'S HARDWARE HARDWARE /BUTANE /BOLT /PAI 0 JOHNSON, RICK /DEER & B DEER CALL 77692 MECKLE, TERRY REIMBURSE CLOTHING ALLOW 0 MILLER, CHRIS REIMBURSE CLOTHING ALLOW 0 MN FALL MAINTENANCE EX EXPO /7 77699 RELIASTAR LIFE INSURAN LIFE INSURANCE 0 T.A. SCHIFSKY AND SONS ASPHALT 0 VIKING ELECTRIC SUPPLY BULBS Total for Dept 430 STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS 0 AUTO- MEDICS, INC. TOW STREET SWEEPER FLEET 0 DEHN OIL COMPANY, INC. GASOHOL FLEET 0 EMERGENCY AUTOMOTIVE T SPEAKER FLEET 0 FACTORY MOTOR PARTS CO ALTERNATOR FLEET O FOREST LAKE FORD, INC. LOCK REKEYED /KIT FLEET 0 FRATTALLONE'S HARDWARE HARDWARE /BUTANE /BOLT /PAI FLEET 0 HSBC BUSINESS SOLUTION TUBE /NORTHERN TOOL FLEET O HUGO FEED MILL & ELEVA GRINDING WHEEL /FLANGE /CA FLEET 0 LEAGUE OF MN CITIES IN 2006 -07 INSURANCE PREMIU FLEET 0 LEEF BROTHER, INC. SHOP TOWELS FLEET 0 MACQUEEN EQUIPMENT, IN BEARING CUP /CONE /GASKET FLEET O MINNESOTA PETROLEUM SE MAG CARDS FLEET O O'REILLY AUTOMOTIVE, I SWITCH /WIPER BLADE /U -JOI FLEET 0 QQEST SOFTWARE SYSTEMS SERVICE AGREEMENT FLEET 77699 RELIASTAR LIFE INSURAN LIFE INSURANCE FLEET •0 RUFFRIDGE - JOHNSON, INC CAP FLEET 0 RYDEEN, LESTER REIMBURSE CLOTHING ALLOW FLEET O SAFETY KLEEN CORPORATI PARTS WASHER CHEMICALS FLEET 0 ST. JOSEPH EQUIPMENT, BEARING COVER FLEET O THANE HAWKINS POLAR CH MAGNET FLEET O WINNICK SUPPLY, INC. STONE /WRENCH /OXYGEN /RAND FLEET Total for Dept 431 O ABLE HOSE AND RUBBER, HOSE /BRASS /FERRULE 0 ACE SOLID WASTE, INC. MONTHLY SERVICE /SEPTEMBE 0 AMERIPRIDE LINEN /APPAR MAT RENTAL 0 BERKLEY RISK ADMINISTR WORKERS COMPENSATION 0 C. P. OFFICE PRODUCTS OFFICE SUPPLIES 77682 CENTERPOINT /MINNEGASCO MONTHLY SERVICE /AUGUST 77685 CONNEXUS ENERGY MONTHLY SERVICE /AUGUST O DALCO, INC. PARA BLOCK /HANGER 0 DEEP ROCK WATER COMPAN MONTHLY SERVICE /AUGUST O FRATTALLONE'S HARDWARE HARDWARE /BUTANE /BOLT /PAI 0 GLEWWE DOORS, INC. SERVICE 0 LEAGUE OF MN CITIES IN 2006 -07 INSURANCE PREMIU 0 METRO SALES INCORPORAT BLACK /COLOR COPY CHARGES O MINVALCO, INC. TUBE /TEE /ADAPTOR /VALVE • GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME 8.98 852.31 1,378.79 7.35 90.00 27.99 380.00 280.00 32.54 3,438.96 512.06 7,080.82* 170.40 4,839.95 237.35 101.08 148.16 10.29 19.16 195.61 7,445.00 17.08 344.76 38.59 354.00 349.00 5.46 55.82 76.79 462.54 11.53 8.79 235.89 15,127.25* 74.17 383.29 95.53 500.00 742.98 22.74 1,435.37 158.00 5.20 79.92 260.00 29,300.00 845.96 97.17 Date: 09/15/2006 Time: 09:24:45 Operator: JAL • Check # 0 0 0 77699 0 0 0 0 Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Vendor Alpha Name Description Dept Amount NORTHERN AIR CORPORATI PITNEY BOWES, INC. QUICKSILVER EXPRESS CO RELIASTAR LIFE INSURAN SAM'S CLUB, INC. TWIN CITY GARAGE DOOR U S BANK XCEL ENERGY SERVICE COOLING SYSTEM /E GOVERNME METER RENTAL DELIVERY TO SPRINGSTED LIFE INSURANCE SUPPLIES CHB RECEIVER MONTHLY SERVICE /AUGUST Total for Dept 432 0 ACE SOLID WASTE, INC. MONTHLY SERVICE /SEPTEMBE 0 ANOKA COUNTY RECORDING FEE 77682 CENTERPOINT /MINNEGASCO MONTHLY SERVICE /AUGUST 77685 CONNEXUS ENERGY MONTHLY SERVICE /AUGUST 0 FRATTALLONE'S HARDWARE HARDWARE /BUTANE /BOLT /PAI 0 HUGO FEED MILL & ELEVA GRINDING WHEEL /FLANGE /CA 0 NATURE CALLS, INC. PORTABLE RESTROOMS 0 NORTHWAY IRRIGATION /LA PARTS /FITTINGS 77699 RELIASTAR LIFE INSURAN LIFE INSURANCE 0 XCEL ENERGY MONTHLY SERVICE /AUGUST Total for Dept 450 0 MRPA CONFERENCE /BRIAN H 77699 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 451 • O KUSTERMAN, BILL O LINDY, GEORGE 0 TASCHUK, PAM QUARTERLY STIPEND QUARTERLY STIPEND QUARTERLY STIPEND Total for Dept 452 77699 RELIASTAR LIFE INSURAN LIFE INSURANCE O U S BANK Total for Dept 461 77699 RELIASTAR LIFE INSURAN LIFE INSURANCE O SIGN *A *RAMA BANNER Total for Dept 462 O FORESTRY SUPPLIERS, IN TAGS /PAINT 77699 RELIASTAR LIFE INSURAN LIFE INSURANCE Total for Dept 463 0 PRESS PUBLICATIONS, IN PUBLIC HEARING O U. S. BANK ADMINISTRATION FEE Total for Dept 470 0 ABLE HOSE AND RUBBER, NIPPLE /COUPLER O AMERICAN FASTENER & SU TAPE /HX -NUT 0 AMERICAN MESSAGING MONTHLY SERVICE /AUGUST • GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME GOVERNME PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS RECREATI RECREATI PARK BOA PARK BOA PARK BOA ENVIRONM ENVIRONM SOLID WA SOLID WA FORESTRY FORESTRY DEBT SER DEBT SER WATER WATER WATER 1,292.50 247.78 25.54 4.75 36.28 251.48 142.95 787.00 36,788.61* 117.82 46.00 15.16 7.99 86.09 106.67 666.50 93.27 28.50 2.09 1,170.09* 315.00 15.20 330.20* 50.00 75.00 50.00 175.00* 4.04 410.00 414.04* 1.43 149.10 150.53* 43.92 1.66 45.58* 35.75 512.50 548.25* 52.26 20.90 13.47 Date: 09/15/2006 Time: 09:24:45 Operator: JAL • Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name 77682 77677 M 77685 0 0 0 0 0 0 0 0 0 77699 0 0 Description Dept CENTERPOINT /MINNEGASCO CIRCLE PINES POST OFFI CONNEXUS ENERGY FRATTALLONE'S HARDWARE FROST, JEFFREY HAWKINS INC. HILLESHEIM, TIM INSTRUMENTAL RESEARCH, LEAGUE OF MN CITIES IN NATIONAL WATERWORKS /HU NORTHERN WATER WORKS S ONE CALL CONCEPTS, INC RELIASTAR LIFE INSURAN WINNICK SUPPLY, INC. XCEL ENERGY MONTHLY SERVICE /AUGUST UTIILITY BILLING POSTAGE MONTHLY SERVICE /AUGUST HARDWARE /BUTANE /BOLT /PAI REIMBURSE CLOTHING ALLOW VALVE /SEAL RING REIMBURSE CLOTHING ALLOW WATER WATER WATER WATER WATER WATER WATER WATER SAMPLES WATER 2006 -07 INSURANCE PREMIU WATER METER INSTALLATION WA1't'k NUT /FLARE /BUSHING WATER MONTHLY SERVICE /AUGUST WATER LIFE INSURANCE WATER AIR COMPRESSOR PARTS WATER MONTHLY SERVICE /AUGUST WATER Total for Dept 494 0 ABLE HOSE AND RUBBER, NIPPLE /COUPLER O AMERICAN MESSAGING MONTHLY SERVICE /AUGUST 77677 M CIRCLE PINES POST OFFI UTIILITY BILLING POSTAGE 77685 CONNEXUS ENERGY MONTHLY SERVICE /AUGUST O LEAGUE OF MN CITIES IN 2006 -07 INSURANCE PREMIU O METRO COUNCIL WASTEWAT AUGUST SAC O NORTHERN WATER WORKS S SAFETY GLASS BLUE /TABLET O ONE CALL CONCEPTS, INC MONTHLY SERVICE /AUGUST 77699 RELIASTAR LIFE INSURAN LIFE INSURANCE 0 XCEL ENERGY MONTHLY SERVICE /AUGUST Total for Dept 495 • 0 CONTRACTOR /BIRCH STREET 0 SEALING SERVICES 0 ISSUANCE /SALE GEN OBLIG 0 CONTRACTOR /LEGACY 77695 CONTRACTOR -JAY BROTHERS/ 0 35W/23 /AUGUST 0 ISSUANCE GENL OBLIG UTIL 0 CONTRACTOR /BIRCH STREET 0 SCAR 49 WATERMAIN /AUGUST O ADMINISTRATION FEE 0 SMW CREDIT UNION Total for Dept 499 • CENTRAL LANDSCAPING, I INFRATECH TECHNOLOGIES KENNEDY AND GRAVEN, IN NORTHERN ESCROW, INC. NORTHERN ESCROW, INC. SHORT - ELLIOTT - HENDRICK SPRINGSTED, INC. T.A. SCHIFSKY AND SONS T.K.D.A. U. S. BANK WILLIAM G. HAWKINS & A Grand Total SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER Amount 22.74 259.15 1,323.35 196.33 22.46 7,510.70 54.90 959.50 1,868.00 1,085.00 33.24 279.13 11.42 63.69 787.00 14,563.24* 64.91 4.49 259.14 282.83 1,359.0D 44,762.70 54.07 279.12 11.37 279.02 47,356.65* 9,406.77 15,824.00 13,057.80 160,548.34 34,229.95 19,831.32 28,177.26 120,093.72 14,840.39 512.50 375.00 416,897.05* 840,713.16* • • • ITEM lAii Centennial Fire District Check Register 9/20/2006 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 9/20/2006 15332 9/20/2006 15333 9/20/2006 15334 9/20/2006 15335 9/20/2006 15336 9/20/2006 15337 9/20/2006 15338 9/20/2006 15339 9/20/2006 15340 9/20/2006 15341 9/20/2006 15342 9/20/2006 15343 9/20/2006 15344 9/20/2006 15345 9/20/2006 15346 City of Lino Lakes Connexus Energy Emergency Apparatus Maintenance Fairview Lakes Clinic Frattalone's Hardware Milo Bennett MN State Colleges & University MN State Fire Department Association National Fire Codes Subscription Service NFPA Qwest Sentry Systems, Inc. Xcel Energy Zep Manufacturing Company Sam's Club Total ACCOUNT 41000 - Payroll Expenses 42252 - Station 1 - Electric 42000 - Vehicle Maintenance 42150 - Medical Physicals 42110 - Other Maintenance 42180 - Office Supplies Expense 42220 - Travel, Conf, School 42200 - Dues and Memberships 42200 - Dues and Memberships 42200 - Dues and Memberships 42240 - Telephone Expense 42110 - Other Maintenance 42254 - Station 2 - Electric 42230 - Cleaning Supplies Expense 45010 - Safety Camp Expense AMOUNT 23,674.32 174.20 1,179.55 666.00 25.90 103.94 455.82 360.00 675.00 135.00 214.45 70.93 732.70 60.71 429.62 28, 958.14 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 CITY COUNCIL WORK SESSION DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT ITEM 1B SEPTEMBER 6, 2006 DRAFT { Formatted: Centered CITY OF LINO LAKES MINUTES : September 6, 2006 . 4:39 p.m. . 8:50 p.m. : Councilmember Carlson, O'Donnell, Reinert, Stoltz and Mayor Bergeson : None Staff members present: City Administrator, Gordon Heitke; Finance Director, Al Rolek (part); Community Development Director, Mike Grochala; Director of Administration, Dan Tesch (part); Public Services Director, Rick DeGardner (part); Chief of Police, Dave Pecchia (part); City Planner, Jeff Smyser (part); and City Clerk, Julie Bartell (part) 2007 PROPOSED BUDGET AND TAX LEVY Finance Director Rolek referred to a listing of the collective City Council adjustments to the 2007 proposed budget that was agreed upon on August 28. The adjustments would reduce the budget and levy by $339,872. An additional levy reduction estimated at $30,000 would be realized upon the refunding of the EDA Lease Revenue Bonds, for a total levy reduction of $369,872. This lowers the increase in the budget from 15.58% to 11.98 %. Finally, the tax rate would be reduced from the presently proposed 41.880% to 39.965% down from the 2006 tax rate of 41.362 %. Finance Director Rolek referred to a listing of the resulting tax impacts on various market value levels of homestead property and a comparative page for 2006 tax impacts. As shown on the listing, City property taxes for all levels of property would decrease by 3.38% if the property value remained the same from 2006 to 2007. This compares with a decrease of 2.04% under the same scenario from 2005 to 2006. Considering an 8% increase in property value for 2007, City taxes would increase by 4.35% for all property value levels. This compares with an increase of 5.80% under the same scenario from 2005 to 2006. Finance Director Rolek noted the City can still refinance the EDA Lease Revenue bonds but in a different manner resulting in a levy reduction of approximately $18,000, as opposed to the $30,000 listed in the above figures. City Administrator Heitke stated that included in the original proposed budget was the creation of a captain's position in the Police Department. The Council previously indicated support for cutting that line item from $108,000 to $18,000. The Department has no use for the $18,000 if that position is not created. 1 CITY COUNCIL WORK SESSION SEPTEMBER 6, 2006 DRAFT L Formatted: Centered 1 Chief Pecchia advised the Department could restructure and promote an officer to the 2 sergeant position instead of creating a captain's position. That would fill the void the 3 Department has as far as supervision on the road. A sergeant from within the Department 4 could be promoted to a captain's position and the Department would still be within the 5 budgeted dollar amount. 6 7 City Administrator Heitke advised this option would clearly establish a number two 8 position within the Police Depailuient and can be accomplished for approximately 9 $6,000. That leaves an additional $12,000 within the budget. 10 11 Finance Director Rolek noted the additional levy reduction would not be included in the 12 budget that is brought forward to the Council. The levy reduction will reduce the budget 13 when the bonds are refinanced. 14 15 The majority of the Council indicated support for taking $25,000 from the Contingency 16 Fund and putting it into the Capital Equipment Fund to keep that fund at $300,000 and 17 maintain the same tax figures as outlined by staff. 18 19 The Council recessed from the budget discussion to discuss agenda Item 6A, 20 Consideration of Second Reading, Ordinance No. 06 -06, Rezone to Planned Unit 21 Development, The Preserve. 22 23 City Planner Smyser distributed a letter from Jason Husveth, Critical Connections 24 Ecological Services, Inc., regarding questions relating to the funding of stewardship and 25 long term stewardship funding. 26 27 Mr. Husveth came forward and summarized his letter regarding questions raised in 28 relation to the proposed stewardship of the project. He indicated the financial resources 29 that would be dedicated by Integra Homes to restore and manage the prescribed natural 30 areas in Outlots B and C are sufficient for a successful restoration and management in 31 Years 1 -3. Furthermore, the endowment that would be provided by Integra Homes 32 coupled with the association fees would be sufficient to sustain and improve high quality 33 native vegetation within the prescribed native habitats of Outlots B and C. Additional 34 funding would be needed to improve the ecological quality of Outlot D. However, the 35 developer would permanently protect this area under a conservation easement. Finally, 36 the City of Lino Lakes should include all of these conservation provision and stipulations 37 in preparing the Developer's Agreement as well as approving The Preserves final plat. 38 39 This item will appear on the regular Council agenda Monday, September 11, 2006, 6:30 40 p.m. 41 42 VLAWMO JOINTS POWERS AGREEMENT 43 44 City Administrator Heitke reviewed the background regarding the Vadnais Lakes Water 45 Management Organization ( VLAWMO) joint powers agreement. He advised that at this 2 • • CITY COUNCIL WORK SESSION SEPTEMBER 6, 2006 DRAFT % Formatted: Centered 1 time, the VLAWMO has a draft water plan that will be going through a public review and 2 comment period and public hearing. Attempts to increase funding by obtaining levy 3 authority through special legislation failed when no legislator was found to serve as 4 author of the bill. The new agreement expands the sources of revenue to fund operations 5 by including a levy (requiring legislative authorization) and a VLAWMO operated storm 6 water utility. Issues related to governance are being addressed in this proposed joint 7 powers agreement by suggesting more involvement of elected officials by being the 8 primary commissioner or alternate and being present for annual budget discussions, and 9 that local government staff are not eligible to be board members. 10 11 City Administrator Heitke advised recent discussions indicate that the other 12 municipalities and townships support the continuation of VLAWMO. The term of the 13 proposed agreement is until January 1, 2012. The timeline for finalizing the joint powers 14 agreement is a membership meeting tentatively set for September 21 to review and 15 discuss comments, finalization of the agreement by November 1, and action by member 16 units on the agreement in November or December. 17 18 The Council directed staff to convey to VLAWMO that the City's original position on 19 this issue has not changed. The Council also indicated support for a clause in the 20 agreement that stipulates that any significant budget increases can only occur with a 21 funding mechanism in place. The Council also suggested the term of the proposed 22 agreement should be minimized. 23 24 2007 PROPOSE BUDGET AND TAX LEVY 25 26 Mayor Bergeson distributed a letter from the Public Safety Citizens Commission 27 regarding proposed Public Safety budget adjustments. 28 29 City Administrator Heitke distributed a list of outside budget requests from various 30 organizations. 31 32 The Council indicated support for reviewing each individual request as they are presented 33 and not include them in the budget at this time. The Council may be willing to revisit the 34 requests later in the year. Council directed staff to draft a letter to send to each of the 35 organizations. 36 37 The Council directed staff to determine if there is $1,000 within the 2006 budget for the 38 Anoka County Sesquicentennial Celebration. 39 40 The majority of the Council directed staff to bring forward the recommended budget as 41 discussed with a reduction of $369,873. 42 This item will appear on the regular Council agenda Monday, September 11, 2006, 6:30 43 p.m. 44 3 • • • CITY COUNCIL WORK SESSION SEPTEMBER 6, 2006 DRAFT Formatted: Centered 1 CHARTER AMENDMENT 2 3 City Administrator reviewed the background regarding this issue and distributed a letter 4 from the City Attorney. He outlined the options available to the Council relating to the 5 proposed Charter Amendment. 6 7 Mayor Bergeson recessed the meeting at 7:26 p.m. to attend a candlelight vigil for Officer 8 Silvera. 9 10 Mayor Bergeson reconvened the meeting at 8:30 p.m. 11 12 The majority of the Council directed staff to move forward with the submittal of the 13 original Charter Amendment proposal to the voters (majority vote required). 14 15 This item will appear on the regular Council agenda Monday, September 11, 2006, 6:30 16 p.m. 17 18 REVIEW OF SEPTEMBER 11, 2006 COUNCIL AGENDA 19 20 There were no changes to the regular Council agenda. 21 22 The meeting was adjourned at 8:50 p.m. 23 24 These minutes were considered, corrected and approved at the regular Council meeting held on 25 September 25, 2006. 26 27 28 29 30 Julianne Bartell, City Clerk John Bergeson, Mayor 31 32 Transcribed by: 33 Kim Points 34 TimeSaver Off Site Secretarial, Inc. 35 4 • COUNCIL MINUTES DRAFT ITEM lc SEPTEMBER 11, 2006 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : September 11, 2006 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:53 p.m. 8 MEMBERS PRESENT : Councilmember Carlson, O'Donnell, Reinert, 9 Stoltz and Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 Staff members present: Director of Administration, Dan Tesch; City Attorney, Bill Hawkins; 13 Community Development Director, Mike Grochala (part); Chief of Police, Dave Pecchia (part); City 14 Engineer, Jim Studenski; City Planner, Jeff Smyser; Finance Director, Al Rolek; Associate Planner, 15 Paul Bengtson (part); and City Clerk, Julie Bartell 16 17 OPEN MIKE 18 19 No one was present for open mike. 20 21 SETTING THE AGENDA 22 23 Item 2D, Public Hearing - Establish a Municipal Building and Facilities Capital Improvement Plan 24 for 2006 - 2010 was moved to the first item under the Finance Department report. 25 26 Item IC, Consider Approval of August 28, 2006 Council Work Session Minutes, was moved to Item 27 8A under New Business. 28 0 29 I Item 1E, Consider Accepting Donation from Lexington Fireman's Relief Association for 2006 Safety 30 Camp was moved to Item 8B under New Business. 31 32 The agenda was approved as amended. 33 34 CONSENT AGENDA 35 36 Council Member Carlson moved to approve the Consent Agenda, as amended. Council Member 37 Stoltz seconded the motion. Motion carried unanimously. 38 39 ITEM ACTION 40 41 Consideration of Expenditures: 42 43 September 11, 2006 (Check No. 77581 — 44 77675, $270,077.14) Approved 45 1 • Formatted: Centered Deleted: ve COUNCIL MINUTES SEPTEMBER 11, 2006 DRAFT { Formatted: Centered 1 Centennial Fire District (Check No. 4110 2 15318 — 15331, $2,325.11) Approved 3 4 August 21, 2006 Council Work Session 5 Minutes Approved 6 7 August 18, 2006 City Council Meeting 8 Minutes Approved 9 10 Resolution No. 06 -149, Approving Application for 11 An On -Sale Wine and Beer License for Jason's 12 Bobby & Steve's Auto World at 7090 21st Ave S Approved 13 14 Resolution No. 06 -151, Approving Payment Request 15 No. 5 (Final) and Compensating Change Order No. 1, 16 2005 Birch Street Trail Improvements Approved 17 18 Resolution No. 06 -150, Approving Application for an 19 Exempt Lawful Gambling Permit for Raffle, Cystic 20 Fibrosis Foundation Approved 21 22 FINANCE DEPARTMENT REPORT, AL ROLEK 23 24 Public Hearing — Establish a Municipal Building and Facilities Capital Improvement Plan for 25 2006 — 2007; Consideration of Resolution No. 06 -146, Approving a Municipal Buildings and 26 Facilities Capital Improvement Plan for 2006 -2010 and Confirming Intent to Issue Bonds — 27 Finance Director Rolek advised at the August 7 work session staff brought before the Council an 28 opportunity to refinance the outstanding Lease Revenue Bonds of 1998A, issued for the construction 29 of the Civic Center Complex, with General Obligation Capital Improvement Plan bonds. 30 31 Finance Director Rolek stated this refinancing effort is complicated somewhat by the operating lease 32 between the City and the Centennial School District. The City's bond counsel has reviewed the 33 original bond documents and has determined that, because the District leases and occupies 34 approximately 20% of the Civic Center Complex for its ECFE, the City can only acquire and 35 refinance the remaining 80% of the Complex that is comprised of the City Hall and Police buildings. 36 However, the City will still realize present value savings in excess of $226,000 from the refinancing 37 action. 38 39 Finance Director Rolek advised after holding the required public hearing on the CIP, staff 40 recommends the adoption of Resolution No. 06 -145 approving the Municipal Buildings and Facilities 41 Capital Improvement Plan and confirming the City's intent to issue bonds for the acquisition of the 42 City Hall and Police building portions of the Civic Center Complex. 43 44 Mayor Bergeson opened the public hearing at 6:40 p.m. 45 2 • COUNCIL MINUTES DRAFT SEPTEMBER 11, 2006 1 Council Member O'Donnell moved to close the public hearing at 6:41 p.m. Council Member Reinert •2 seconded the motion. Motion carried unanimously. 3 4 Council Member O'Donnell moved to approve Resolution No. 06 -146, as presented. Council 5 Member Carlson seconded the motion. Motion carried unanimously. 6 7 Consider Resolution No. 06 -142, Adopting Proposed 2007 General Operating Budget — Finance 8 Director Rolek advised the budget proposed for 2007 is $9,609,245, an 11.64% increase from the 9 budget adopted for 2006. The state's re- implementation of the market value homestead credit aid for 10 2007 provides the City the opportunity to meet its growing needs for infrastructure maintenance and 11 maintain municipal services at current levels. The City Council, after long discussions and a number 12 of compromises, has crafted a budget that meets these needs and lowers the City's tax rate to the 13 taxpayers. 14 15 Finance Director Rolek noted the depai liiiental budgets within the proposed budget may be further 16 reviewed by the City Council and staff between September 11 and December 11, 2006, for changes, if 17 needed. 18 19 Council Member Reinert moved to approve Resolution No. 06 -142, as presented. Council Member 20 Stoltz seconded the motion. Motion carried with Council Member Carlson voting nay. 21 22 Consider Resolution No. 06 -143, Adopting Preliminary 2006/2007 Property Tax Levy — Finance 23 Director Rolek advised Market Value Homestead Credit will be re- implemented by the state for 2007, 24 allowing the City Council to respond to growing needs while lowering the City tax rate. The 25 proposed budget incorporates two staff positions (one of which is a promotion) and continues the 26 programs for the maintenance of the City's capital equipment and infrastructure. With these changes 27 to the budget, the levy as proposed will increase by 6.64% over 2006, while the tax base grew by 28 1 11/37 %. The proposed levy is expected to result in a City tax rate of 40.047% for 2007, down from 29 41.362% in 2006. 30 31 Finance Director Rolek stated the proposed levy is the City's maximum levy for 2006/2007. The 32 final levy may be decreased, but cannot be more than the proposed levy when it is adopted in 33 December. He noted the total levy includes funding for the general operating budget, general bonded 34 debt and tax abatement under agreements between the City and Target and Kohl's. 35 36 Council Member O'Donnell moved to approve Resolution No. 06 -143, as presented. Council 37 Member Reinert seconded the motion. Motion carried with Council Member Carlson voting nay. 38 39 Consider Resolution No. 06 -144, Setting Truth -in- Taxation Hearing Date — Finance Director 40 Rolek advised Resolution No. 06 -144 would set Monday, December 11, 2006, 6:00 p.m. as the date 41 for the City's Truth in Taxation hearing. A continuation hearing, if needed, would be held Monday, 42 December 18, 2006, at 6:00 p.m. with final adoption of the 2006 - 2007 tax levy and 2007 general 43 operating budget immediately following the continuation hearing on December 18, 2006. 44 • • 3 fFormatted: Centered COUNCIL MINUTES SEPTEMBER 11, 2006 DRAFT • { Formatted: Centered 1 Council Member Stoltz moved to adopt Resolution No. 06 -144, as presented. Council Member 4110 2 O'Donnell seconded the motion. Motion carried unanimously. 3 4 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 5 6 Consider Resolution No. 06 -155, Referring a Proposed Amendment of the Lino Lakes City 7 Charter to the November 7, 2006 General Election — City Clerk Bartell advised the City Council 8 was presented with a petition with more than 500 signatures at its September 26, 2005 meeting. The 9 petition requested that the Council place the question of whether "to not allow City Council Members 10 (including the Mayor) to also be members of the Lino Lakes Charter Commission" on the November 11 2006 election ballot. The City Attorney reviewed the petition and advised the Council that the 12 petition was advisory in nature and that it is the decision of the Council whether to carry out the 13 request of the petitioners. 14 15 City Clerk Bartell stated the Charter Commission discussed the proposed amendment at their April 16 13, 2006 and July 13, 2006 meetings. The Charter Commission proposed a revised amendment as 17 described in the packets. The Council discussed this issue at their September 6, 2006 work session 18 and directed staff to prepare the amendment as requested in the petition with no revisions for 19 placement on the November 7, 2006 general election ballot. 20 21 City Clerk Bartell noted the City Attorney has prepared the ballot question in the form of Resolution 22 No. 06 -144; the language must be submitted to Anoka County by September 15, 2006 in order to be 23 included on the November ballot. 24 25 Council Member Stoltz moved to approve Resolution No. 06 -155, as presented. Council Member 26 O'Donnell seconded the motion. 27 28 Council Member Carlson amended the motion to include the statement per the recommendation from 29 the Charter Commission regarding a Council liaison. Motion failed with no second. • 30 31 Motion carried unanimously. 32 33 Consideration of Personnel Policy Adjustments Regarding Health Care Savings Account — 34 Administration Director Tesch advised in order for non -union employees to participate in the State's 35 Health Care Savings Plan, enabling language must be placed in the City's Personnel Policy. He read 36 the amendment that staff is recommending fulfilling the requirement. 37 38 Council Member Carlson moved to approve the enabling language to the Personnel Policy, as 39 presented. Council Member O'Donnell seconded the motion. Motion carried unanimously. 40 41 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 42 43 There was no report from the Public Safety Department. 44 45 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 4 - 2 3 - • COUNCIL MINUTES SEPTEMBER 11, 2006 DRAFT 1 2 There was no report from the Public Services Department. 3 4 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 5 6 Consideration of Second Reading, Ordinance No. 06 -06, Rezone to Planned Unit Development, 7 The Preserve, Jeff Smyser — City Planner Smyser advised the City Council approved the first 8 reading of the ordinance on August 28, 2006. This evening is the second reading of the ordinance. 9 10 City Planner Smyser noted staff has added a brief statement in Section 3 of the ordinance stating that 11 the requirements of the R -1X zone and the rest of the zoning ordinance apply to anything not 12 specifically laid out in the development plans. This would include such things as accessory building 13 sizes, accessory uses, etc. 14 15 Council Member Reinert moved to approve second reading, Ordinance No. 06 -06, as presented. 16 Council Member Stoltz seconded the motion. 17 18 A roll call vote was taken: four yeas and Council Member Carlson voting nay. 19 20 Consideration of Resolution No. 06 -145, Approving Conditional Use Permit for Dog kennel, 21 Paul Bengtson — Associate Planner Bengtson advised Margo Polta has requested approval of a 22 Conditional Use Permit to allow a private dog kennel at 575 Ash Street. This application is required 23 due to the current animal ordinance, which limits the number of dogs kept on this property. The dog 24 ordinance of the City Code limits the number of dogs on a property to two. This can be increased to 25 four with the approval of the City of a Conditional Use Permit and a license for a private dog kennel. 26 The applicant is proposing to keep three adult dogs on the premises. 27 28 Associate Planner Bengtson reviewed the staff analysis noting staff is recommending approval based 29 on conditions. 30 31 Council Member O'Donnell moved to approve Resolution No. 06 -145, as presented. Council 32 Member Reinert seconded the motion. Motion carried unanimously. 33 34 UNFINISHED BUSINESS 35 36 There was no Unfinished Business. 37 38 NEW BUSINESS 39 40 Consider Approval of August 28, 2006 Council Work Session Minutes — Council Member Reinert 41 moved to table the August 28, 2006 Council Work Session Minutes to investigate the noted reduction 42 in the Centennial Fire District budget by $24,000. Council Member Carlson seconded the motion. 43 Motion carried unanimously. 44 5 - I Formatted: Centered J COUNCIL MINUTES SEPTEMBER 11, 2006 DRAFT 1 Consider Accepting Donation from Lexington Fireman's Relief Association for 2006 Safety 2 Camp — Finance Director Rolek stated as has been done in past years, the Lexington Fireman's Relief 3 Association has made contribution to the Centennial Fire District to defray the cost of the annual 4 Safety Camp. 5 6 Finance Director Rolek advised in remaining consistent with past practice, staff's recommendation is 7 to accept the donation of charitable gambling proceeds from the Lexington Fireman's Relief 8 Association in the amount of $1,500 and authorize the issuance of a check in the amount of $1,500 to 9 the Centennial Fire District to be used for the annual Safety Camp. This transaction will have no net 10 affect on the City's 2006 budget. 11 12 Council Member Carlson moved to accept the donation of charitable gambling proceeds from the 13 Lexington Fireman's Relief Association in the amount of $1,500 and authorize the issuance of a 14 check in the amount of $1,500 to the Centennial Fire District to defray the cost of the annual Safety 15 Camp, as presented. Council Member Stoltz seconded the motion. Motion carried unanimously. 16 17 COMMUNITY CALENDAR AUGUST 15, 2006 THROUGH AUGUST 28. 2006: 18 19 Election Day (Primary), Tuesday, September 12, 2006, 7:00 a.m. — 8:00 p.m. 20 21 Planning & Zoning Board Meeting, Wednesday, September 13, 2006, 6:30 p.m. 22 23 ADJOURN 24 25 There being no further business, Council Member Carlson moved to adjoum at 7:53 p.m. Council 26 Member Stoltz seconded the motion. Motion carried unanimously. 27 28 These minutes were considered and approved at the regular Council Meeting, September 25, 2006. 29 30 31 32 33 Julianne Bartell, City Clerk John Bergeson, Mayor 34 35 Transcribed by: 36 Kim Points 37 TimeSaver Off Site Secretarial, Inc. 38 6 • Formatted: Centered { Deleted: ve • AGENDA ITEM 1 D STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: September 25, 2006 TOPIC: Resolution No. 06 -157, Approving Payment Request No. 2 (Final) and Compensating Change Order No. 1, 2006 Street Overlay Project VOTE REQUIRED: 3/5 Vote Required BACKGROUND: The contractor for the 2006 Overlay Project, W.B. Miller, Inc. is requesting City approval of Payment Request No. 2 (Final) in the amount of $7,124.33. A copy of the Final Payment is attached. The contractor has satisfactorily completed all work and has provided all necessary documentation. Also included with the request for Final Payment is Compensating Change Order No. 1 in the deduct amount of $288.63. A copy of the Compensating Change Order is attached. With this Change Order, the final contract amount is $142,486.57, which is below the Engineers Estimate of $159,612.50 Approval of the Final Payment will begin the one -year warranty period. RECOMMENDATION: 1. Approve Resolution 06 -157, Approving Payment Request No. 2 (Final) and Compensating Change Order No. 1 for the 2006 Street Overlay Project. • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -157 RESOLUTION APPROVING PAYMENT REQUEST NO.2 (FINAL) AND COMPENSATING CHANGE ORDER NO. 1 — 2006 STREET OVERLAY PROJECT WHEREAS, the construction of 2006 Street Overlay Project has been completed by W.B. Miller 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. 1 and Payment Request No. 2 (Final) is approved for a final contract amount of $142,486.57. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 25th day of September, 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. TKDA ENGINEERS • ARCHITECTS • PLANNERS • Iwr7 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101 -2140 (651) 292-4400 (651) 292.0083 Fax www.tkda.com Project. No. 13633.002 Cert. No. 2 (F) St. Paul, MN, August 28 , 20 06 To City of Lino Lakes, Minnesota This Certifies that W.B. Miller, Inc. For 2006 Overlay Project Owner , Contractor is entitled to Seven Thousand One Hundred Twenty -Four Dollars and 33/100 ------------ - - - --- ($ 7,124.33 ) FINAL being 2nd estimate for pawl payment on contract with you dated April 24 , 2006 Received payment in full of above Certificate. TKDA W.B. Miller, Inc. ,20 Thomas D. Prew, P.E. RECAPITULATION OF ACCOUNT IIP Spayment CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras $ 142,775.20 All previous payments $ 135,362.24 All previous credits Extra No. I II 11 , 11 11 Credit No. $ _ Comp. Change Order 2 $ (288.63) /1 11 It 11 11 11 AMOUNT OF THIS CERTIFICATE $ 7,124.33 Totals $ 142,486.57 $ 142,486.57 $ - Credit Balance $ - There will remain unpaid on contract after of this Certificate $ _ $ 142,486.57 $ 142,486.57 $ - An Employee Owned Company Promt _ R _ iative Action and Equal Opportunity • • TKDA Engineers - Architects - Planners Saint Paul, Minnesota 55101 PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS FINAL Estimate No. 2 Period Ending August 25 , 20 06 Page 1 of 1 Proj. No. 13633.002 Contractor W. B. Miller Original Contract Amount 142,775.20 Project 2006 Overlay Protect 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 $ 142,486.57 $ 0.00 $ 0.00 $ 142,486.57 Less Approved Credits $ 0.00 Less 0 % Retained $ 0.00 Less Previous Payments $ 135,362.24 Total Deductions $ Amount Due This Estimate Contractor ■ .111111111101,7 • filler • Engineer Thomas D. Prew 135,362.24 $ 7,124.33 Date u Date g -L8 -o6 August 28, 2006 ESTIMATE NO. 2 2006 OVERLAY PROJECT T OF LINO LAKES, MINNESOTA A PROJECT NO. 13633.002 PERIOD ENDING: August 25, 2006 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE SANITARY SEWER 1 MOBILIZATION LS 1.0 1.0 $ 7,265.00 $ 7,265.00 2 RECLAIM BITUMINOUS SY 12,578.0 12,578.0 $ 0.40 $ 5,031.20 3 HAUL OUT EXCESS MILLINGS (LV) CY 600.0 885.0 $ 6.20 $ 5,487.00 4 RESHAPE MILLINGS (3% CROWN) RS 40.4 40.4 $ 125.00 $ 5,050.00 5 BITUMINOUS BASE COURSE 2360 TYPE LV 3 TN 1,550.0 1,564.39 $ 41.50 $ 64,922.19 6 BITUMINOUS WEARING COURSE 2360 TYPE LV 4 TN 1,250.0 1,190.35 $ 44.80 $ 53,327.68 7 BITUMINOUS MATERIAL FOR TACK COAT GAL 680.0 695.0 $ 1.30 $ 903.50 8 BITUMINOUS CURBING LF 500.0 500.0 $ 1.00 $ 500.00 TOTAL • • $ 142,486.57 • • CHANGE ORDER TKDA Engineers- Architects - Planners Compensating Saint Paul, MN August 28, 20 06 Proj. No. 13633.002 Change Order No. 1 To W.B. Miller, Inc. for 2006 Overlay Project for City of Lino Lakes, Minnesota You are hereby directed to make the following change to your contract dated April 24 , 20 06 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (jfiefease) (decrease) (net-shange) the contract sum by Two Hundred Eight -Eight Dollars and 63/100 ($288.63). This change order shows the actual quantities installed at the unit price bid amounts (see attached itemization): NET CHANGE = Amount of Original Contract Additions approved to date (Nos. Deductions approved to date (Nos. Contract amount to date Amount of this Change Order () (Deduct) (Nege) Revised Contract Amount Approved TKDA City of Lino Lakes, Minnesota Owner By Approve W. B. Miller, Inc. Contractor By $ (288.63) $ 142,775.20 $ 142,775.20 $ (288.63) $ 142,486.57 By ✓`��.� Thomas D. Prew, P White - Owner Pink - Contractor Blue - TKDA CHANGE ORDER NO. 1 (COMPENSATING) 2006 OVERLAY PROJECT CITY OF LINO LAKES, MINNESOTA 41A PROJECT NO. 13633.002 PERIOD ENDING: August 25, 2006 CONTRACT QUANTITY UNIT AMOUNT NET CONTRACT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE CHANGE AMOUNT SANITARY SEWER 1 MOBILIZATION LS 1.0 1.0 $ 7,265.00 $ 7,265.00 $ $ 7,265.00 2 RECLAIM BITUMINOUS SY 12,578.0 12,578.0 $ 0.40 $ 5,031.20 $ $ 5,031.20 3 HAUL OUT EXCESS MILLINGS (LV) CY 600.0 885.0 $ 6.20 $ 5,487.00 $ 1,767.00 $ 3,720.00 4 RESHAPE MILLINGS (3% CROWN) RS 40.4 40.4 $ 125.00 $ 5,050.00 $ $ 5,050.00 5 BITUMINOUS BASE COURSE 2360 TYPE LV 3 TN 1,550.0 1,564.39 $ 41.50 $ 64,922.19 $ 597.19 $ 64,325.00 6 BITUMINOUS WEARING COURSE 2360 TYPE LV 4 TN 1,250.0 1,190.35 $ 44.80 $ 53,327.68 $ (2,672.32) $ 56,000.00 7 BITUMINOUS MATERIAL FOR TACK COAT GAL 680.0 695.0 $ 1.30 $ 903.50 $ 19.50 $ 884.00 8 BITUMINOUS CURBING LF 500.0 500.0 $ 1.00 $ 500.00 $ - $ 500.00 TOTAL $ 142,486.57 $ (288.63) $ 142,775.20 • • • • AGENDA ITEM 2A & B STAFF ORIGINATOR Al Rolek MEETING DATE September 25, 2006 TOPIC Consideration of Resolution 06 -147 Providing For The Issuance And Sale Of Approximately $3,025,000 General Obligation Capital Improvement Plan Bonds, Series 2006E and Resolution 06 -148 Providing For The Issuance And Sale Of Approximately $1,745,000 General Obligation Water Revenue Refunding Bonds, Series 2006F VOTE REQUIRED Simple Majority Minnesota Statutes Section 475.521 authorize the issuance of CIP bonds following a required public hearing on and the adoption of a capital improvement plan calling for the improvement to be financed in this manner. On September 11 the City Council held a public hearing on its Municipal Building and Facilities CIP for 2006 -2010 and adopted the plan by approving Resolution 06 -146. The CIP calls for the acquisition of the City Hall and Police Department portions of the Civic Center Complex from the Lino Lakes EDA to be financed through the issuance of CIP Bonds. This action would refund approximately 80% of the outstanding Lease Revenue Bonds 1998A and would result in approximately $226,000 of present value savings. Our financial advisor, Springsted, Inc. has issued their recommendation for the issuance of $3,025,000 G.O. Capital Improvement Plan Bonds Series 2006E. In addition, staff continually monitors the market for opportunities to refinance existing debt issues at lower interest rates, thereby saving the city money on financing costs. By refinancing the outstanding balance of our G.O. Water Revenue Bonds 1996B, it is estimated that the city can achieve net present value savings of approximately $63,000 over the term of the issue. Springsted, Inc. has issued their recommendation for the issuance of $1,745,000 G.O. Water Revenue Refunding Bonds Series 2006F. If approved, the bids for these two issues would be received on October 23, 2006, with consideration for award of sale by the City Council at its meeting the same day. The Series 2006E issue would have a 12 -year term and would be repaid through property tax levies. The Series 2006F issue would be repaid over the next five years through the use of utility and trunk fees. Staff recommendation is for the City Council to approve Resolution 06 -147 providing for the issuance and sale of $3,025,000 G.O. Capital Improvement Plan Bonds, Series 2006E and Resolution 06 -148 providing for the issuance and sale of $1,745,000 G.O. Water Revenue Refunding Bonds, Series 2006F. 1. Adopt Resolutions 06 -147 and 06 -148. 2. Refer to Staff for further review. 3. Deny Resolutions 06 -147 and 06 -148. Option 1. - 3 3 - 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, September 25, 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 -147 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMATELY $3,025,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS, SERIES 2006E BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (City) as follows: 1. It is hereby determined that: (a) The Lino Lakes Economic Development Authority (the "Authority ") previously issued its $5,350,000 Lino Lakes Economic Development Authority Lease Revenue Bonds, Series 1998A (City of Lino Lakes, Minnesota Lease Obligation) dated August 1, 1998 (the "Series 1998A Bonds "), the proceeds of which were used to finance the acquisition and construction of a civic center complex including the city hall, police station and an early childhood education facility currently leased to Independent School District No. 11 (together, the "Complex "). -34- • • • (b) The Series 1998A Bonds are secured by lease payments by the City pursuant to a Lease - Purchase Agreement between the Authority and the City dated August 1, 1998 (the "Lease). (c) Under the Lease, the City has the option to prepay lease payments in whole or in part, and thereby redeem the outstanding Series 1998A Bonds in whole or in part. (d) The City is authorized by Minnesota Statutes, section 475.521 (the "Act ") to finance certain capital improvements under an approved capital improvement plan by the issuance of general obligation bonds of the City payable from ad valorem taxes. Capital improvements include (among other things) acquisition or betterment of public lands, buildings or other improvements for the purpose of a city hall and public safety facility. (e) The city hall and police station portions of the Complex (such portions together referred to as the "Facilities ") make up more than 79.5 percent of the total square footage of the Complex. The Facilities are "capital improvements" within the meaning of the Act. (f) On September 11, 2006 the City held a public hearing regarding a five year capital improvement plan (the "Plan"), and regarding issuance of bonds in the maximum principal amount of $3,950,000 to finance the acquisition of the Facilities through prepayment of a portion of the lease payment under the Lease in an amount allocable to the Facilities, accomplished by issuance of bonds to refund an allocable portion of the Series 1998A Bonds, all in accordance with the Act. On the same date, the City Council approved the Plan providing for issuance of such refunding bonds. (g) The City is authorized by Minnesota Statutes, Chapter 475, and specifically Section 475.67, Subdivision 3 thereof, to issue and sell its general obligation bonds to refund obligations and the interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when determined by the City Council to be necessary or desirable for the reduction of debt service cost to the City or for the extension or adjustment of maturities in relation to the resources available for their payment; (h) Minnesota Statutes, Section 475.67, subdivision 4 permits the sale of refunding obligations during the six month period prior to the date on which the obligations to be refunded may be called for redemption; (i) It is necessary and desirable to reduce debt service costs that the City issue approximately $3,025,000 General Obligation Capital Improvement Plan Refunding Bonds, Series 2006B (the "Bonds ") to refund the 2011 through 2019 maturities of the Authority's Series 1998A Bonds together with $55,000 of the principal amount of the 2010 maturity of the Series 1998A Bonds, which $3,345,000 in aggregate principal amount is currently outstanding and is callable on February 1, 2006 and any date thereafter. (j) The outstanding principal amount of the Series 1998A Bonds is $4,210,000, and proceeds of the Bonds will be used to refund no more than 79.5 percent of such outstanding principal amount, which represents the portion of the Series 1998A Bonds allocable to the Facilities (compared to the Complex as a whole). • • • (k) As required by the Act, the City has determined that: (i) the expected useful life of the Facilities will be at least five years; and (ii) the amount of principal and interest due in any year on all outstanding bonds issued by the City under the Act, including the Bonds, will not exceed .16 percent of the taxable market value of property in the City for taxes payable in 2006. (1) The City is authorized by Minnesota Statutes, section 475.60, subdivision 2(9) to negotiate the sale of the Bonds, it being determined that the City has retained an independent financial adviser in connection with such sale. 2. To provide monies to refund a portion of the Series 1998A Bonds as described in Section 1, the City will issue and sell Bonds in the amount of approximately $2,996,263. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of approximately $28,737. The excess of the purchase price of the Bonds over the sum of $2,996,263 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds, or applied to the refunding of the Series 1998A Bonds as determined by the City's financial advisor. 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) • THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $3,025,000* CITY OF LINO LAKES, MINNESOTA GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN REFUNDING BONDS, SERIES 2006E (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, October 23, 2006, until 10:30 A.M., 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. - 37 - • • 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 November 1, 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: 2010 $ 85,000 2011 $320,000 2012 $330,000 2013 $350,000 2014 $355,000 2015 $370,000 2016 $385,000 2017 $405,000 2018 $425,000 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 at a price of par plus accrued interest to the date of redemption and must conform to the maturity schedule set forth above. 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. IP • • 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, 2016, and on any day thereafter, to prepay Bonds due on or after February 1, 2017. 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. 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. The proceeds will be used to refund a portion of the February 1, 2010 maturity and the February 1, 2011 through February 1, 2018 maturities of the Lino Lakes Economic Development Authority's Lease Revenue Bonds, Series 1998A (City of Lino Lakes, Minnesota Lease Obligation), dated August 1, 1998. TYPE OF PROPOSALS Proposals shall be for not less than $2,996,263 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 $30,250, 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. - 39 - • • • 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. • • • 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 150 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. 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, subject only to the condition that if a petition requesting a vote on the issuance of the Bonds, signed by voters equal to five percent of the votes cast in the last general election, is filed with the City Clerk on or before October 11, 2006 (30 days after the public hearing regarding the Bonds), the City may issue the Bonds only after obtaining approval of a majority of voters voting on the question at an election. If no timely petition is received, the City Council will meet at 5:00 P.M. on Monday, October 23, 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. (The remainder of this page is intentionally left blank) • • • 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 City 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, September 25, 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 $3,025,000 General Obligation Capital Improvement Plan Refunding Bonds, Series 2006E of the City. WITNESS My hand as City Clerk and the corporate seal of the City this day of (SEAL) , 2006. 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, September 25, 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 -148 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMATELY $1,745,000 GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 2006F BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (the "City ") as follows: 1. It is hereby determined that: (a) the City is authorized by Minnesota Statutes, Chapter 475 (the "Act ") and Section 475.67, Subdivision 3, of the Act to issue and sell its general obligation bonds to refund obligations and the interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when determined by the City • • • Council to be necessary or desirable for the reduction of debt service cost to the City or for the extension or adjustment of maturities in relation to the resources available for their payment; (b) Section 475.67, subdivision 4 of the Act permits the sale of refunding obligations during the six month period prior to the date on which the obligations to be refunded may be called for redemption; (c) it is necessary and desirable to reduce debt service costs that the City issue approximately $1,745,000 General Obligation Water Revenue Refunding Bonds, Series 2006F (the "Bonds ") to refund certain outstanding general obligations of the City; (d) the outstanding bonds to be refunded (the "Refunded Bonds ") consist of the $3,320,000 General Obligation Water Revenue Bonds, Series 1996B, dated October 1, 1996, of which $1,710,000 in principal amount is currently outstanding and is callable on February 1, 2007. 2. To provide monies to refund the Refunded Bonds, the City will issue and sell Bonds in the amount of $1,735,839. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $9,161. The excess of the purchase price of the Bonds over the sum of $1,735,839 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.) . THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: • • TERMS OF PROPOSAL $1,745,000* CITY OF LINO LAKES, MINNESOTA GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 2006F (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, October 23, 2006, until 10:30 A.M., 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 fmal price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the fmal 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 November 1, 2006, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2008. 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 $215,000 2010 $375,000 2012 $405,000 2009 360,000 2011 390,000 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. 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 its water utility. The proceeds will be used to refund the February 1, 2008 through February 1, 2012 maturities of the City's General Obligation Water Revenue Bonds, Series 1996B, dated October 1, 1996. TYPE OF PROPOSALS Proposals shall be for not less than $1,735,839 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 $17,450, 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. 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 75 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 September 25, 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 P.M. on Monday, October 23, 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. (The remainder of this page is intentionally left blank.) • • • 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, September 25, 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 $1,745,000 General Obligation Water Revenue Refunding Bonds, Series 2006F of the City. WITNESS My hand as City Clerk and the corporate seal of the City this day of , 2006. • (SEAL) • City Clerk City of Lino Lakes, Minnesota • • • ATTACHMENT TO ITEMS 2A &B September 18, 2006 Mr. Alan Rolek Finance Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 p ins'ed Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101 -2887 Tel: 651 - 223 -3000 Fax: 651 - 223 -3002 www.springsted.com Re: Revised Recommendations for the Issuance of: $3,025,000 General Obligation Capital Improvement Plan Refunding Bonds, Series 2006E $1,745,000 General Obligation Water Revenue Refunding Bonds, Series 2006F Dear Mr. Rolek: We have enclosed an electronic copy of our revised recommendations for the above - captioned issues for distribution to Council members and City staff prior to your meeting on Monday, September 25, 2006. 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, ekuaute 7/2, ` te944 Christine M. Hogan Project Manager ss Enclosures - 5 5 - Public Sector Advisors • • Revised Recommendations For City of Lino Lakes, Minnesota $3,025,000* General Obligation Capital Improvement Plan Refunding Bonds, Series 2006E $1,745,000* General Obligation Water Revenue Refunding Bonds, Series 2006F *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.: L0502F3G3 SPRINGSTED Incorporated September 18, 2006 Springsted • • • REVISED RECOMMENDATIONS Re: Revised Recommendations for the Issuance of: $3,025,000* General Obligation Capital Improvement Plan Refunding Bonds, Series 2006E (the "Series 2006E Bonds ") $1,745,000* General Obligation Water Revenue Refunding Bonds, Series 2006F (the "Series 2006F Bonds ") (collectively referred to as the "Bonds" or the "Issues ") These recommendations have been revised from the original Recommendations dated September 5, 2006 due to changes made to the Series 2006E Bonds from a full current refunding to a partial current refunding. The "Discussion" section of these Revised Recommendations will give further explanation of this transaction. We respectfully request your consideration of our revised recommendations for the above -named Issues. The proceeds of the Bonds will be used as follows: • The Series 2006E Bonds — to refund a portion of the February 1, 2010 maturity and all of the February 1, 2011 through 2019 maturities of the Lino Lakes Economic Development Authority's Lease Revenue Bonds, Series 1998A, (City of Lino Lakes, Minnesota Lease Obligation), dated August 1, 1998 (the "Series 1998A Bonds "). • The Series 2006F Bonds — refund the February 1, 2008 through 2012 maturities of the City's General Obligation Water Revenue Bonds, Series 1996B, dated October 1, 1996 (the "Series 1996B Bonds "). We recommend the following for the Bonds: 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the offerings. 2. Sale Date and Time 3. Method of Sale *Preliminary; Subject to change Monday, October 23, 2006 at 10:30 A.M., 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. - 5 7 - • • • City of Lino Lakes, Minnesota September 18, 2006 4. Amount of the Bonds 5. Authority for the Issues 6. Repayment Terms 7. Security and Source of Payment (a) Security (b) Source of Payment (c) Payment Cycle The Series 2006E Bonds - $3,025,000 The Series 2006F Bonds - $1,745,000 Included in the Terms of Proposal for both series of Bonds is a provision that permits the City to increase or reduce the principal amount of the Bonds in any of the maturities. This allows for any necessary adjustments that may be required based on final interest rates or issuance costs. The Bonds are being issued pursuant to Minnesota Statutes, Chapter 475. In addition, the Series 2006F Bonds are being issued pursuant to Minnesota Statutes, Chapter 444. The Series 2006E Bonds will mature annually February 1, 2010 through 2018. The Series 2006F Bonds will mature annually February 1, 2008 through 2012. Interest on both series of Bonds will be payable semi- annually each February 1 and August 1, commencing February 1, 2007 for the Series 2006E Bonds and August 1, 2007 for the Series 2006F Bonds. The Bonds will be general obligations of the City secured by its full faith and credit and taxing power. The Series 2006E Bonds will be repaid with ad valorem tax levies. The Series 2006F Bonds will be repaid from net revenues of the City's water utility. With regard to the Series 2006E Bonds, each year's collection of taxes 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. With regard to the Series 2006F Bonds, net revenues of the City's water utility will be available to make the debt service payments as they come due. - 5 8 - Page 2 • • City of Lino Lakes, Minnesota September 18, 2006 8. Prepayment Provisions 9. Credit Rating Comments 10. Term Bonds 11. Federal Treasury Regulations Concerning Tax - Exempt Obligations (a) Bank Qualification With regard to the Series 2006E Bonds, the City may elect on February 1, 2016 and any day thereafter, to prepay the Bonds due on or after February 1, 2017 at a price of par plus accrued interest. With regard to the Series 2006F Bonds, the issue will not be callable prior to its stated maturity dates. 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 "Aa3 ". We have included a provision on the Series 2006E 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 Series 2006E Bonds are being offered on a competitive bid basis and awarded on the lowest true interest cost, the City will award the Series 2006E 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. The City does not expect to issue more than $10 million of tax - exempt obligations in 2006; therefore the Series 2006F Bonds are designated as bank qualified. - 5 9 - Page 3 City oft.Mc Lakes, Minnesota September 18, 2006 (b) Rebate Requirements (c) Bona Fide Debt Service Fund • (d) Economic Life 12. Caring Disclosure • The Series 2006E Bonds are refunding the Series 1998A Bonds that were originally issued as not bank qualified. Therefore, the Series 2006E Bonds are not designated 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. Since the proceeds of the Bonds are being used to refund prior issues as current refundings, the proceeds will be expended within 90 days of closing and will therefore meet the six -month expenditure exception to rebate. 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. The average life of the Bonds cannot exceed 120% of the economic life of the projects to be financed. Since the average lives of the Series 2006E Bonds and the Series 2006F Bonds are less than the remaining average lives of the bonds being refunded, 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. - 6 0 - Page 4 • • City of Lino Lakes, Minnesota September 18, 2006 13. Attachments The Series 2006E 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. • Refunding Schedules — the Series 2006E Bonds • Refunding Schedules — the Series 2006F Bonds • Terms of Proposals DISCUSSION The proceeds of the Series 2006E Bonds will be used to refund the a portion of the February 1, 2010 maturity and all of the February 1, 2011 through 2019 maturities of the Lino Lakes Economic Development Authority's Lease Revenue Bonds, Series 1998A, dated August 1, 1998, (City of Lino Lakes, Minnesota Lease Obligation), (the "Series 1998A Bonds "), currently outstanding in the aggregate principal amount of $4,210,000. This refunding is being undertaken to allow the City to take advantage of lower interest rates. The Series 1998A Bonds were originally issued by the Lino Lakes Economic Development Authority to finance the construction of a city hall, a police facility, and an early childhood center (the "Project "). The City, pursuant to a lease - purchase agreement, made lease payments for payment of debt service on the Series 1998A Bonds. Issuance of the Series 2006E Bonds is being undertaken as part of the City's capital improvement plan. By refunding the Series 1998A Bonds as a capital improvement plan bond, the City can use their general obligation pledge thereby realizing lower interest rates and making this refunding transaction more desirable. Capital improvement plan bonds can be issued for eligible improvements which include city halls, public safety facilities and public works facilities, but would not include financing of an early childhood education center. The portion of the proceeds of the Series 1998A Bonds that were used for financing of the early childhood education center is estimated to be 20.55 %. Therefore, the issuance of the Series 2006E Bonds will be a partial refunding in which 79.45% of the Series 1998A Bonds will be refunded. The original transaction was issued as a revenue bond; therefore a debt service reserve fund was required and funded at $479,342.50 with proceeds of the Series 1998A Bonds, Since the Series 2006E Bonds will be a general obligation debt of the City, a reserve fund is not required, therefore $392,342.50 will be used as a cash contribution to reduce the amount of the refunding and $86,500 will remain in the debt service reserve fund for the outstanding maturities attributable to the non - refunded portion of the Series 1998A Bonds. - 6 1 - Page 5 • • City of Lino Lakes, Minnesota September 18, 2006 The issuance of the Series 2006E Bonds is being conducted as a "partial current" refunding, in which the proceeds of the Refunding Bonds (new issue) are used within ninety days of bond settlement to redeem 79.45% of the principal of the Prior Bonds (old issue). On December 1, 2006, the City will use $392,342.50 of the debt service reserve fund of the Series 1998A Bonds and the proceeds of the Series 2006E Bonds to redeem the a portion of the February 1, 2010 maturity and all the remaining maturities in the principal amount of $3,345,000 of outstanding principal on the Series 1998A Bonds. The City will need to invest the proceeds of the Series 2006E Bonds for the period between the closing date and the call date (December 1, 2006) in order to achieve the savings level estimated for this transaction. The City will continue to make debt service payments through February 1, 2010 on the outstanding principal amount of $865,000 on the Series 1998A Bonds. The City will pay interest only payments on the Series 2006E Bonds through August 1, 2009. The Series 2006E Bonds will be repaid with ad valorem tax levies. The City will make its first levy for the Series 2006E Bonds in 2006 for first collection in 2007. The interest payment due on February 1, 2007 will be made with cash available from the City's annual appropriation collected in 2006 for the Series 1998A Bonds. Thereafter, beginning with the August 1, 2007 interest payment, each year's taxes 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. Based on current interest rate estimates, the refunding is projected to produce cash flow savings averaging approximately $26,400 annually beginning with the 2006 levy for taxes collected in 2007. This results in future value savings of approximately $288,800 with a net present value benefit to the City of approximately $225,900. These estimates are net of all costs associated with the refunding. The City will begin to realize cash flow savings beginning with the 2006 levy and the August 1, 2007 interest payment. With approval of City staff, the term of the Series 2006E Bonds have been shortened by one year (final maturity of February 1, 2018 rather than February 1, 2019) due to the impact of the debt service reserve fund being used as a source of funds in reducing the par amount of the borrowing versus being used to pay the final debt service payment. Attached are a set of schedules that summarize the refunding statistics and the projected savings resulting from the sale of the Series 2006E Bonds. These schedules include the following information: • Preliminary Feasibility Summary: indicates the sizing of the Series 2006E Bonds, savings data and bond data — page 9 • Prior Original Debt Service: shows the existing debt service requirements on the Series 1998A Bonds without a refunding — page 10 • Debt Service to Call and to Maturity: shows the Series 1998A Bonds' remaining debt service to maturity and to the call date — page 11 • Debt Service Schedule: shows the new debt service on the Series 2006E Bonds, based on current estimated interest rates — page 12 • Debt Service Comparison: shows the debt service comparison and the projected annual cash flow savings of the Series 2006E Bonds to the Series 1998A Bonds — page 13 - 6 2 - Page 6 • • City of Lino Lakes, Minnesota September 18, 2006 Cities may issue general obligation capital improvement plan bonds pursuant to Minnesota Statutes, Section 475.53. Under this statute, the maximum annual debt service on all outstanding bonds issued for this purpose (capital improvement plan), including the Series 2006E Bonds, cannot exceed an amount equal to 0.16% of the taxable market value of the property within the City in the year the Bonds are issued. The City has no other outstanding capital improvement plan bonds. The estimated maximum debt service on the Series 2006E Bonds is $442,212; therefore the Series 2006E Bonds are within the statutory limits. This calculation is shown below. Market Value of Taxable Property for Taxes Payable in 2006 $1,736,514,000 The Series 2006F Bonds Statutory Principal & Interest Limitation 0.160% Statutory Maximum Principal & Interest $2,778,422 The proceeds of the Series 2006F Bonds will be used to refund the February 1, 2008 through 2012 maturities of the City's Water Revenue Bonds, Series 1996B, dated October 1, 1996, (the "Series 1996B Bonds "), currently outstanding in the aggregate principal amount of $1,710,000. This refunding is being undertaken to allow the City to take advantage of lower interest rates. The issuance of the Series 2006F Bonds is being conducted as a "current" refunding, in which the proceeds of the Refunding Bonds (new issue) are used within ninety days of bond settlement to redeem the remaining outstanding principal of the Prior Bonds (old issue). On February 1, 2007, the City will use the proceeds of the Bonds to redeem the remaining $1,710,000 of outstanding principal on the Series 1996B Bonds. The City will need to invest the proceeds of the Refunding Bonds for the period between the closing date and the call date (February 1, 2007) in order to achieve the savings level estimated for this transaction. The Series 1996B Bonds were originally issued to finance improvements to the City's water system. Based on current interest rate estimates, the refunding is projected to produce cash flow savings averaging approximately $11,160 annually. This results in future value savings of approximately $67,830 with a net present value benefit to the City of approximately $62,700. These estimates are net of all costs associated with the refunding. The City will begin to realize cash flow savings beginning with the August 1, 2007 interest payment. The Series 2006F Bonds will be repaid from net revenues of the City's water utility. Pursuant to Minnesota Chapter 444 and the resolution authorizing the Series 2006F Bonds, the City will covenant to maintain water rates in an amount sufficient to generate revenues sufficient to support the operation of the water utility 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. - 6 3 - Page 7 • • • City of Lino Lakes, Minnesota September 18, 2006 The City has three outstanding bond issues for which a portion of the debt service is payable from the net revenues of the Water Utility. The table below shows the net revenues available for debt service of the City's Water Utility for fiscal year ending 2005 and the projected maximum debt service payable in any future year on the outstanding Bonds and the Series 2006F Bonds. 2005 Net Revenues Water Utility Operating Revenues $1,031,175 Operating Expenses (743,740) Add: Depreciation 338,451 Add: Interest Earnings 36,105 Net Revenues Available for Debt Service $661,991 Less Max Annual DS on Existing Bonds and the Series 2006F Bonds ($527,061) Net Revenues Remaining $134,930 Attached are a set of schedules that summarize the refunding statistics and the projected savings resulting from the sale of the Series 2006F Bonds. These schedules include the following information: • Preliminary Feasibility Summary: indicates the sizing of the Series 2006F Bonds, savings data and bond data — page 14 • Prior Original Debt Service: shows the existing debt service requirements on the Series 1996B Bonds without a refunding — page 15 • Debt Service to Call and to Maturity: shows the Series 1996B Bonds' remaining debt service to maturity and to the call date — page 16 • Debt Service Schedule: shows the new debt service on the Series 2006F Bonds, based on current estimated interest rates — page 17 • Debt Service Comparison: shows the debt service comparison and the projected annual cash flow savings of the Series 2006F Bonds to the Series 1996B Bonds — page 18 The success of a refunding transaction is dependent upon the performance of the interest rate market. We will continue to monitor the market during the period leading up to the day of the bond sale, and will keep you apprised of any change in conditions which may impact the success of these refunding transactions. Springsted Incorporated is pleased again to be of assistance to the City of Lino Lakes. Respectfully submitted, SPRINGSTED Incorporated ss - 6 4 - Page 8 • • $3,025,000 City of Lino Lakes, Minnesota General Obligation Capital Improvement Plan Refunding Bonds, Series 2006E Current Refunding of Series 1998A (79.45% of Prior Bonds) Preliminary Feasibility Summary Dated 11/01/2006 ( Delivered 11/01/2006 Sources Of Funds Par Amount of Bonds $3,025,000.00 Transfers from Prior Issue DSR Funds 392,842.50 Issuer Transfer of Accrued Interest 58,825.00 Total Sources $3,476,667.50 Uses Of Funds Deposit to Current Refunding Fund 3,403,491.67 Costs of Issuance 40,000.00 Total Underwriter's Discount (0.950 %) 28,737.50 Rounding Amount 4,438.33 Total Uses $3,476,667.50 ISSUES REFUNDED AND CALL INFORMATION Prior Issue Call Price 100.000% Prior Issue Call Date 12/01/2006 SAVINGS INFORMATION Net Future Value Benefit $288,790.81 Net Present Value Benefit $225,906.92 Net PV Benefit / $3,715,386.16 PV Refunded Debt Service 6.080% BOND STATISTICS Average Life 7.827 Years Average Coupon 3.9070112% Net Interest Cost (NIC) 4.0283882% True Interest Cost (TIC) 4.0472247% Series 2000 Ref 98A 6/)A / s7NGLEPI.TJ'oISE / 9/12/2006 / 11:75 AM Spy ingsted - 6 5 - Page 9 • • • $5,350,000 City of Lino Lakes Economic Development Authority, Minnesota Lease Revenue Bonds Series 1998A Prior Original Debt Service Date Principal Coupon Interest Total P +I 08/01/1998 02/01/1999 - - 08/01/1999 267,497.50 267,497.50 02/01/2000 133,748.75 133,748.75 /2000 133,748.75 133,748.75 02/01/2001 165,000.00 4.200% 133,748.75 298,748.75 08/01/2001 130,283.75 130,283.75 02/01/2002 175,000.00 4.250% 130,283.75 305,283.75 08/01/2002 126,565.00 126,565.00 02/01/2003 190,000.00 4.350% 126,565.00 316,565.00 08/01/2003 122,432.50 122,432.50 02/01/2004 205,000.00 4.400% 122,432.50 327,432.50 08/01/2004 - 117,922.50 117,922.50 02/01/2005 195,000.00 4.500% 117,922.50 312,922.50 08/01/2005 113,535.00 113,535.00 02/01/2006 210,000.00 4.600% 113,535.00 323,535.00 08/01 /2006 108,705.00 108,705.00 02/01/2007 230,000.00 4.700% 108,705.00 338,705.00 08/01/2007 103,300.00 103,300.00 02/01/2008 250,000.00 4.750% 103,300.00 353,300.00 08/01/2008 97,362.50 97,362.50 02/01/2009 270,000.00 5.000% 97,362.50 367,362.50 08/01 /2009 - 90,612.50 90,612.50 02/01/2010 170,000.00 5.000% 90,612.50 260,612.50 08/01/2010 86,362.50 86,362.50 02/01/2011 290,000.00 5.000% 86,362.50 376,362.50 08/01/2011 79,112.50 79,112.50 02/01/2012 305,000.00 5.100% 79,112.50 384,112.50 08/01/2012 - 71,335.00 71,335.00 02/01 /2013 325,000.00 5.100% 71,335.00 396,335.00 08/01/2013 - 63,047.50 63,047.50 02/01/2014 340,000.00 5.250% 63,047.50 403,047.50 08/01/2014 - 54,122.50 54,122.50 02/01/2015 360,000.00 5.250% 54,122.50 414,122.50 08/01/2015 - 44,672.50 44,672.50 02/01/2016 380,000.00 5.350% 44,672.50 424,672.50 08/01/2016 34,507.50 34,507.50 02/01/2017 405,000.00 5.350% 34,507.50 439,507.50 08/01/2017 23,673.75 23,673.75 02/01/2018 430,000.00 5.350% 23,673.75 453,673.75 08/01/2018 - 12,171.25 12,171.25 02/01/2019 455,000.00 5.350% 12,171.25 467,171.25 Total $5,350,000.00 $3,628,191.25 $8,978,191.25 Yield Statistics Average Life 7.104 Years Weighted Average Maturity (Par Basis) 7.104 Years Average Coupon 5.2659450% Refunding Bond Information Refunding Dated Date 11/01/2006 Refunding Delivery Date 11/01/2006 Senor 1998A Rev (79.4.711) / SINGLE PURPOSE / 9/12/2006 / 11.7.: AM Spring ted Page 10 -66- • • • $5,350,000 City of Lino Lakes Economic Development Authority, Minnesota Lease Revenue Bonds Series 1998A Debt Service To CaII And To Maturity Date Refunded Interest to D/S To Call Principal Coupon Interest Refunded D/S Bonds Call 11/01/2006 - - - 12/01/2006 3,345,000.00 58,491.67 3,403,491.67 - 02/01/2007 - - - 4.700% 87,737.50 87,737.50 08/01/2007 - 87,737.50 87,737.50 02/01/2008 4.750% 87,737.50 87,737.50 08/01/2008 87,737.50 87,737.50 02/01/2009 - 5.000% 87,737.50 87,737.50 08/01/2009 - 87,737.50 87,737.50 02/01/2010 55,000.00 5.000% 87,737.50 142,737.50 08/01/2010 86,362.50 86,362.50 02/01/2011 290,000.00 5.000% 86,362.50 376,362.50 08/01/2011 79,112.50 79,112.50 02/01/2012 305,000.00 5.100% 79,112.50 384,112.50 08/01/2012 71,335.00 71,335.00 02/01/2013 325,000.00 5.100% 71,335.00 396,335.00 08/01/2013 63,047.50 63,047.50 02/01/2014 340,000.00 5.250% 63,047.50 403,047.50 08/01/2014 54,122.50 54,122.50 02/01/2015 360,000.00 5.250% 54,122.50 414,122.50 08/01/2015 44,672.50 44,672.50 02/01/2016 380,000.00 5.350% 44,672.50 424,672.50 08/01/2016 34,507.50 34,507.50 02/01/2017 405,000.00 5.350% 34,507.50 439,507.50 08/01/2017 23,673.75 23,673.75 02/01/2018 430,000.00 5.350% 23,673.75 453,673.75 08/01/2018 12,171.25 12,171.25 02/01/2019 455,000.00 5.350% 12,171.25 467,171.25 Total $3,345,000.00 $58,491.67 $3,403,491.67 $3,345,000.00 - $1,552,172.50 $4,897,172.50 Yield Statistics Average Life 8.537 Years Weighted Average Maturity (Par Basis) 8.537 Years Average Coupon 5.2818691% Refunding Bond Information Refunding Dated Date 11/01/2006 Refunding Delivery Date 11/01/2006 &,ies L'238A Rev (7.7.459.9 / 67NGLErURroSE / ./72/2006 / 71.•17AM Sprangsted - 6 7 - Page 11 • • $3,025,000 City of Lino Lakes, Minnesota General Obligation Capital Improvement Plan Refunding Bonds, Series 2006E Current Refunding of Series 1998A (79.45% of Prior Bonds) Debt Service Schedule Date Principal Coupon interest Total P +I 02/01/2007 29,248.75 29,248.75 02/01/2008 116,995.00 116,995.00 02/01 /2009 116,995.00 116,995.00 02/01/2010 85,000.00 3.650% 116,995.00 201, 995.00 02/01/2011 320,000.00 3.700% 113,892.50 433,892.50 02/01/2012 330,000.00 3.700% 102,052.50 432,052.50 02/01/2013 350,000.00 3.750% 89,842.50 439,842.50 02/01/2014 355, 000.00 3.850% 76,717.50 431,717.50 02/01/2015 370,000.00 3.900% 63,050.00 433,050.00 02/01/2016 385,000.00 3.950% 48,620.00 433,620.00 02/01/2017 405,000.00 4.000% 33,412.50 438,412.50 02/01/2018 425,000.00 4.050% 17,212.50 442,212.50 Total $3,025,000.00 $925,033.75 $3,950,033.75 Yield Statistics Bond Year Dollars $23,676.25 Average Life 7.827 Years Average Coupon 3.9070112% Net Interest Cost (NIC) 4.0283882% True Interest Cost (TIC) 4.0472247% Bond Yield for Arbitrage Purposes 3.9027316% All Inclusive Cost (AIC) 4.2512751% IRS Form 8038 Net Interest Cost 4.0283882% Weighted Average Maturity 7.827 Years SY•rs 2001; Ref 98A EPA a / SINGLEP7/RPOSE / 9/72/200!; / 77: 15 AM Springsted - 6 8 - Page 12 • • • $3,025,000 City of Lino Lakes, Minnesota General Obligation Capital Improvement Plan Refunding Bonds, Series 2006E Current Refunding of Series 1998A (79.45% of Prior Bonds) Debt Service Comparison Date Total P41 Escrow Existing D/S Net New D/S Old Net D/S Savings 02/01/2007 29,248.75 (9,855.23) 250,967.50 270,361.02 329,866.04 59,505.02 02/01/2008 116,995.00 281,125.00 398,120.00 438,922.08 40,802.08 02/01/2009 116,995.00 289,250.00 406,245.00 447,047.08 40,802.08 02/01/2010 201,995.00 120,750.00 322,745.00 333,547.08 10,802.08 02/01/2011 433,892.50 - 433,892.50 445,047.08 11,154.58 02/01/2012 432,052.50 432,052.50 445,547.08 13,494.58 02/01/2013 439,842.50 439,842.50 449,992.08 10,149.58 02/01/2014 431,717.50 431,717.50 448,417.08 16,699.58 02/01/2015 433,050.00 433,050.00 450,567.08 17,517.08 02/01/2016 433,620.00 433,620.00 451,667.08 18,047.08 02/01/2017 438,412.50 438,412.50 456,337.08 17,924.58 02/01/2018 442,212.50 442,212.50 459,669.58 17,457.08 02/01/2019 - 68,822.08 68,822.08 Total $3,950,033.75 (9,855.23) $942,092.50 $4,882,271.02 $5,225,448.50 $343,177.48 PV Analysis Summary (Net to Net) Net FV Cashflow Savings 343,177.48 Gross PV Debt Service Savings 690,386.16 Effects of changes in DSR investments (419,916.11) PV of Escrow Eamings 9,823.54 Net PV Cashflow Savings @ 3.903 %(Bond Yield) 280,293.59 Total Cash contribution (58,825.00) Contingency or Rounding Amount 4,438.33 Net Future Value Benefit $288,790.81 Net Present Value Benefit $225,906.92 Net PV Benefit / $1,297,901.84 PV Refunded Interest 17.406% Net PV Benefit / $3,715,386.16 PV Refunded Debt Service 6.080% Net PV Benefit / $3,345,000 Refunded Principal 6.754% Net PV Benefit / $3,025,000 Refunding Principal 7.468% Refunding Bond Information Refunding Dated Date 11/01/2006 Refunding Delivery Date 11/01/2006 Senes 200C Ref 98A EDA a / SINGLEru)rc1E / 9/12/2006' / 77:15 AM Springsted - 6 9 - Page 13 • • • $1,745,000 City of Lino Lakes, Minnesota General Obligation Water Revenue Refunding Bonds, Series 2006F Current Refunding of Series 1996B Preliminary Feasibility Summary Dated 11/01/2006 i Delivered 11/01/2006 Sources Of Funds Par Amount of Bonds $1,745,000.00 Total Sources $1,745,000.00 Uses Of Funds Deposit to Current Refunding Fund 1,710,000.00 Costs of Issuance 25,000.00 Total Underwriter's Discount (0.525 %) 9,161.25 Rounding Amount 838.75 Total Uses $1,745,000.00 ISSUES REFUNDED AND CALL INFORMATION Prior Issue Call Price 100.000% Prior Issue Call Date 2/01 /2007 SAVINGS INFORMATION Net Future Value Benefit $67,832.61 Net Present Value Benefit $62,710.95 Net PV Benefit / $1,792,109.25 PV Refunded Debt Service 3.499% BOND STATISTICS Average Life 3.485 Years Average Coupon 3.6700308% Net Interest Cost (NIC) 3.8206783% True Interest Cost (TIC) 3.8290090% Series 2006 Ref 36T / SINGLEff1RPO.E / 9/15/200e / 8:56 AM 'pringsted - 7 0 - Page 14 • • $3,320,000 City of Lino Lakes, Minnesota General Obligation Water Revenue Bonds Series 1996B Prior Original Debt Service Date Principal Coupon Interest Total P +I 02/01/1997 08/01 /1997 - 142,916.67 142,916.67 02/01/1998 85,000.00 4.100% 85,750.00 170,750.00 08/01/1998 84,007.50 84,007.50 02/01/1999 150,000.00 4.350% 84,007.50 234,007.50 08/01/1999 80,745.00 80,745.00 02/01/2000 145,000.00 4.500% 80,745.00 225,745.00 08/01/2000 77,482.50 77,482.50 02/01/2001 155,000.00 4.600% 77,482.50 232,482.50 08/01/2001 73,917.50 73,917.50 02/01/2002 160,000.00 4.700% 73,917.50 233,917.50 08/01/2002 70,157.50 70,157.50 02/01/2003 165,000.00 4.800% 70,157.50 235,157.50 08/01/2003 66,197.50 66,197.50 02/01/2004 175,000.00 4.900% 66,197.50 241,197.50 08/01/2004 61,910.00 61,910.00 02/01/2005 185, 000.00 5.000% 61,910.00 246,910.00 08/01/2005 - 57,285.00 57,285.00 02/01/2006 190,000.00 5.100% 57,285.00 247,285.00 08/01/2006 52,440.00 52,440.00 02/01/2007 200,000.00 5.200% 52,440.00 252,440.00 08/01/2007 47,240.00 47,240.00 02/01/2008 210,000.00 5.300% 47,240.00 257,240.00 08/01/2008 41,675.00 41,675.00 02/01/2009 345,000.00 5.400% 41,675.00 386,675.00 08/01/2009 32,360.00 32,360.00 02/01/2010 365,000.00 5.500% 32,360.00 397,360.00 08/01/2010 22,322.50 22,322.50 02/01/2011 385,000.00 5.600% 22,322.50 407,322.50 08/01/2011 11,542.50 11,542.50 02/01/2012 405,000.00 5.700% 11,542.50 416,542.50 Total $3,320,000.00 $1,787,231.67 $5,107,231.67 Yield Statistics Average Life 3.161 Years Weighted Average Maturity (Par Basis) 3.161 Years Average Coupon 5.5734990% Refunding Bond Information Refunding Dated Date 11/01/2006 Refunding Delivery Date 11/01/2006 S'enee• 79761+ / e7NGLEff.RPOSE / 9/15/2006 / 8:56 AM Spring ted - 7 1 - Page 15 • • • $3,320,000 City of Lino Lakes, Minnesota General Obligation Water Revenue Bonds Series 1996B Debt Service To Call And To Maturity Date Refunded D/S To CaII Principal Coupon Interest Refunded D/S Bonds 11/01/2006 - 02/01/2007 1,710, 000.00 1,710,000.00 5.200% - 08/01/2007 - 47,240.00 47,240.00 02/01/2008 210,000.00 5.300% 47,240.00 257,240.00 08/01/2008 41,675.00 41,675.00 02/01/2009 345,000.00 5.400% 41,675.00 386,675.00 08/01/2009 32,360.00 32,360.00 02/01/2010 365,000.00 5.500% 32,360.00 397,360.00 08/01/2010 22,322.50 22,322.50 02/01/2011 385,000.00 5.600% 22,322.50 407,322.50 08/01 /2011 11,542.50 11,542.50 02/01/2012 405,000.00 5.700% 11,542.50 416,542.50 Total $1,710,000.00 $1,710,000.00 $1,710,000.00 $310,280.00 $2,020,280.00 Yield Statistics Average Life 3.501 Years Weighted Average Maturity (Par Basis) 3.501 Years Average Coupon 5.1821294% Refunding Bond Information Refunding Dated Date 11/01/2006 Refunding Delivery Date 11/01/2006 Series 1.9y(0 / SINGLEPURraSL / .9/1.5/2006 / &5l ;AM Spy A.n . steel - 7 2 - Page 16 • • $1,745,000 City of Lino Lakes, Minnesota General Obligation Water Revenue Refunding Bonds, Series 2006F Current Refunding of Series 1996B Debt Service Schedule Date Principal Coupon Interest Total P +I 02/01/2007 - 08/01/2007 47,771.25 47,771.25 02/01/2008 215,000.00 3.550% 31,847.50 246,847.50 08/01/2008 - 28,031.25 28,031.25 02/01 /2009 360,000.00 3.600% 28,031.25 388,031.25 08/01/2009 21,551.25 21,551.25 02/01/2010 375,000.00 3.650% 21,551.25 396,551.25 08/01/2010 14,707.50 14,707.50 02/01/2011 390,000.00 3.700% 14,707.50 404,707.50 08/01/2011 7,492.50 7,492.50 02/01 /2012 405,000.00 3.700% 7,492.50 41 2,492.50 Total $1,745,000.00 $223,183.75 $1,968,183.75 Yield Statistics Bond Year Dollars $6,081.25 Average Life 3.485 Years Average Coupon 3.6700308% Net Interest Cost (NIC) 3.8206783% True Interest Cost (TIC) 3.8290090% Bond Yield for Arbitrage Purposes 3.6653651 % All Inclusive Cost (AIC) 4.2814978% IRS Form 8038 Net Interest Cost 3.8206783% Weighted Average Maturity 3.485 Years Series 200aRaf9fT / SINGLE PURPOSE / 9/I5/2006 / 8:56 AM Springsted - 7 3 - Page 17 • • • $1,745,000 City of Lino Lakes, Minnesota General Obligation Water Revenue Refunding Bonds, Series 2006F Current Refunding of Series 1996B Debt Service Comparison Date Total P +I Escrow Existing D/S Net New D/S Old Net D/S Savings 02/01/2007 02/01/2008 294,618.75 02/01/2009 416,062.50 02/01/2010 418,102.50 02/01/2011 419,415.00 02/01/2012 419,985.00 (14,897.61) 252,440.00 237,542.39 252,440.00 14,897.61 294,618.75 304,480.00 9,861.25 416,062.50 428,350.00 12,287.50 418,102.50 429,720.00 11,617.50 419,415.00 429,645.00 10,230.00 419,985.00 428,085.00 8,100.00 Total $1,968,183.75 (14,897.61) $252,440.00 $2,205,726.14 $2,272,720.00 $66,993.86 PV Analysis Summary (Net to Net) Net FV Cashflow Savings 66,993.86 Gross PV Debt Service Savings 47,109.25 PV of Escrow Eamings 14,762.95 Net PV Cashflow Savings @ 3.665 %(Bond Yield) 61,872.20 Contingency or Rounding Amount 838.75 Net Future Value Benefit $67,832.61 Net Present Value Benefit $62,710.95 Net PV Benefit / $284,528.90 PV Refunded Interest 22.040% Net PV Benefit / $1,792,109.25 PV Refunded Debt Service 3.499% Net PV Benefit/ $1,710,000 Refunded Principal 3.667% Net PV Benefit / $1,745,000 Refunding Principal 3.594% Refunding Bond Information Refunding Dated Date 11/01/2006 Refunding Delivery Date 11/01/2006 Se .,, 2008 Ref 9614 / SINGLE PI. POSE / 9/15/2000 / 8:56 AM Springsted - 74 - Page 18 • • • THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $3,025,000* CITY OF LINO LAKES, MINNESOTA GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN REFUNDING BONDS, SERIES 2006E (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, October 23, 2006, until 10:30 A.M., 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, 2 "d Floor, New York, New York 10018 Customer Support: (212) 849 -5000 - 7 5 - Page 19 • • • DETAILS OF THE BONDS The Bonds will be dated November 1, 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: 2010 $ 85,000 2011 $320,000 2012 $330,000 2013 $350,000 2014 $355,000 2015 $370,000 2016 $385,000 2017 $405,000 2018 $425,000 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 at a price of par plus accrued interest to the date of redemption and must conform to the maturity schedule set forth above. 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, 2016, and on any day thereafter, to prepay Bonds due on or after February 1, 2017. 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. - 7 6 - Page 20 • • 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. The proceeds will be used to refund a portion of the February 1, 2010 maturity and the February 1, 2011 through February 1, 2018 maturities of the Lino Lakes Economic Development Authority's Lease Revenue Bonds, Series 1998A (City of Lino Lakes, Minnesota Lease Obligation), dated August 1, 1998. TYPE OF PROPOSALS Proposals shall be for not less than $2,996,263 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 $30,250, 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 7 - Page 21 • • • 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 150 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. - 7 8 - BY ORDER OF THE CITY COUNCIL /s/ Julie Bartell City Clerk Page 22 • • • THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,745,000* CITY OF LINO LAKES, MINNESOTA GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 2006F (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, October 23, 2006, until 10:30 A.M., 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 9 - Page 23 • • • DETAILS OF THE BONDS The Bonds will be dated November 1, 2006, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 2008. 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 $215,000 2009 $360,000 2010 $375,000 2011 $390,000 2012 $405,000 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. 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 its water utility. The proceeds will be used to refund the February 1, 2008 through February 1, 2012 maturities of the City's General Obligation Water Revenue Bonds, Series 1996B, dated October 1, 1996. TYPE OF PROPOSALS Proposals shall be for not less than $1,735,839 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 $17,450, 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 - 8 0 - Page 24 • • • 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. 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 - 8 1 - Page 25 • • • 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 Toss 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 75 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 September 5, 2006 BY ORDER OF THE CITY COUNCIL - 8 2 - /s/ Julie Bartell City Clerk Page 26 • • • STAFF ORIGINATOR: C. C. MEETING DATE: TOPIC: AGENDA ITEM 6 A Jeff Smyser September 25, 2006 PUBLIC HEARING: First Reading of Ordinance No. 09 -06, Zoning Amendment to Amend Zoning Ordinance Text Regarding Uses in NB, LB, and GB Zones ACTION: 3/5 vote BACKGROUND The City Council directed staff to initiate a rezoning of the commercial lot on the southeast corner of the intersection of Birch St. and Hodgson Rd. Consideration of development of that property raised concern about the uses on that site allowed by the zoning ordinance. The City Council considers some of the potentially allowable uses in the Limited Business zone to be undesirable for this specific site. Examination of the differences between the Limited Business and Neighborhood Business zones led to recommendations to amend the ordinance to change some of the uses allowed in the three business zoning districts. The notice for the public hearing at the Planning & only in the LB and NB zones. However, it became also should be amended. After conferring with the for a public hearing at the City Council for the text public notification occurred. Zoning Board included amending text clear that some text in the GB zone City Attorney, we published a notice amendments to ensure all proper These amendments (text and rezoning) should be completed as soon as possible to eliminate uncertainty for this and other sites with immediate development application potential. ANALYSIS Lino Lakes has three commercial zoning districts (zones): Neighborhood Business, Limited Business, and General Business (NB, LB, and GB). Each zone has permitted uses, accessory uses, and conditional uses. The uses allowed is the primary means of defining one zone compared to others. The intensity of uses and the extent of their • • • Zoning Amendments: Uses in Business Zones page 2 market areas increases from NB to GB. The purposes of the three districts are explained in the ordinance as follows: SECTION 7. BUSINESS DISTRICTS Subd. 1. NB, Neighborhood Business District. A. Purpose. The purpose of the NB, Neighborhood Business District is to provide for the establishment of local businesses for convenience, limited office, retail or service outlets which deal directly with the daily requirements of the immediate neighborhood and which are located along a collector or arterial roadway. These businesses are not intended to draw customers from the entire community. No new land shall be zoned NB, Neighborhood Business unless the site or area lies within the City's MUSA and sanitary sewer and municipal water are available. Subd. 2. LB, Limited Business District. A. Purpose. There may be some areas which are suitable only for commercial uses of a limited (less intense) nature. This may be due to the close proximity of residential uses. This may include high quality commercial areas such as an "office park" development. Also, the LB District can be used as a transitional district or buffer between non - compatible uses such as intense commercial (GB) and residential uses. No new land shall be zoned LB, Limited Business unless the site or area lies within the City's MUSA and sanitary sewer and municipal water is available. Subd. 3. GB, General Business District. A. Purpose. There are areas containing a wide variety of business uses including retail, service, and semi - industrial uses. As such, they may contain businesses which tend to serve other business and industry as well as those catering to shoppers' needs. No new and shall be zoned GB, General Business unless the site or area lies within the City's MUSA and sanitary sewer and municipal water is available. A recent development application focused attention on the commercial site on the southeast corner of Birch St. and Hodgson Rd. The lot of 1.8 acres was created and zoned to LB in 2003 as part of a larger development project. The City Council recently concluded that LB is not the appropriate zoning for this location because of several auto - oriented uses allowed in a LB zone and their potential negative impacts on the surrounding residential neighborhood. Such uses are not allowed in a NB zone. The City Council directed staff to initiate a rezoning of this site to NB. It was appropriate to compare the business zoning districts to determine what uses are allowed and what differences exist. As a result of that analysis, in addition to rezoning the Birch/Hodgson site, staff is recommending some amendments to the ordinance that would change some of the uses allowed in the different districts. • • Zoning Amendments: Uses in Business Zones page 3 The attached table lists the uses currently allowed in the NB, LB, and GB zoning districts and notes the recommended amendments. The actual text amendments are described below. Recommended Amendments to Zoning Ordinance Text: Ordinance No. 09 -06 Individual changes are discussed below followed by the recommended text amendments. Added text is underlined, deleted text is shown in strikeout. The amended lists of permitted and conditional uses are shown in their entirety in Ordinance 09 -06. • Liquor Sales: Currently, the zoning ordinance allows liquor sales in the LB and GB zones as permitted uses. The ordinance does not allow liquor sales of any kind in the NB zone. The state liquor laws are somewhat complex. Without getting into the entire statute, there are several types of liquor licenses the City can issue. There are separate licenses for "off- sale" and "on -sale" sales. "Off -sale" is selling alcoholic beverages in containers for consumption elsewhere. A liquor store is an example of an off -sale license. "On- sale" is selling drinks for consumption onsite, such as in bars and restaurants. There also are separate licenses for 3.2% beer, wine, and "intoxicating liquor ". "Intoxicating liquor" is the large category that covers everything. There's an off -sale license for 3.2% beer, and an off -sale license for everything else. There are separate on- sale licenses for 3.2% beer, wine, and intoxicating liquor (all types). A wine license requires a restaurant seating at least 25 persons. Strong beer can be sold on -sale if a business has on -sale licenses for both 3.2% beer and wine, and at least 60% of gross receipts is from selling food. Currently, the zoning ordinance does not distinguish between these types of liquor sales. This has not been an issue because all of our wine /strong beer and hard liquor licenses are in GB zones. We are proposing to allow in NB zones the sale of on -sale wine and beer and the sale of off -sale 3.2% beer. This would allow neighborhood restaurants and cafes to serve beer and wine, but not distilled spirits. It also would allow a small grocer or deli to sell 3.2% beer in containers (off - sale), but would not allow liquor stores. Any sale of alcoholic beverages would require obtaining the appropriate license, which requires a background check. The amendment would be as follows: Subd. 1. NB, Neighborhood Business District. F. Permitted Uses. • • • Zoning Amendments: Uses in Business Zones page 4 9. Liquor sales: on -sale wine and malt liquor (beer) only, off -sale 3.2 percent malt liquor (beer) only. • Residential Care Facilities: Residential extended care facilities, such as nursing homes, is included as a permitted use in the LB district only. Such a facility of a limited size would be an appropriate use in a NB zone. This would include hospice care or a small senior retirement residence. Including these facilities in NB zones allows for them to be located near to residential neighborhoods, which would provide retirement homes and hospices near family. Limiting the size keeps such a facility at a neighborhood scale. The amendment would be as follows: Subd. 1. NB, Neighborhood Business District. F. Permitted Uses. 10. Residential extended care facilities such as nursing homes, with a maximum of 30 residents. • Restaurant With Outdoor Dining Facilities: Accessory outdoor dining facilities for restaurants is a conditional use in both the LB and GB zones. In the existing ordinance, all access must be through the building, which eliminates sidewalk dining if wait service is provided. The recommended amendment allows sidewalk wait service without access restriction as long as there is enough space to allow unimpeded pedestrian circulation. However, if liquor is being served outdoors, access would be allowed via the building only. The amendments would be as shown below, with added and deleted text. Outdoor seating for neighborhood restaurants, cafes, coffee shops is an increasingly popular amenity. It is an appropriate feature for a neighborhood business with certain stipulations. Staff is recommending adding outdoor seating with the conditions to the NB zone as a conditional use. As explained in the discussion of liquor sales above, only wine and beer could be served in the NB zone. Subd. 2. LB, Limited Business District. Subd. 3. GB, General Business District. add to Subd. 1. NB, Neighborhood Business H. Conditional Uses. (LB) 8. Restaurants with accessory outdoor dining facilities provided that: (GB) 12. Restaurants with accessory outdoor dining facilities provided that: - 8 6 - • • • Zoning Amendments: Uses in Business Zones page 5 (NB) 3. Restaurants with accessory outdoor dining facilities provided that: a. The applicant submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations. b. Access to the dining area shall be provided only via the principal building if alcoholic beverages are served in the outdoor dining area the dining area is full service restaurant, including table waiting service. c. The size of the dining area is restricted to thirty (30) percent of the total customer floor area within the principal structure. d. The dining area is screened from view from adjacent residential ed. All lighting be hooded and directed away from adjacent residential uses in accordance with Section 3, Subd. 4.F of this Ordinance. fe. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: 1) Outdoor dining area shall be at least partially segregated from through pedestrian circulation by means of fencing, bollards, ropes, plantings, or other methods, and shall be subject to review and approval by the City Council. 2) Minimum clear passage zone for pedestrians at the perimeter of the restaurant shall be at least five (5) feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like. 3) Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven (7) feet above sidewalk. • Specialty Schools: The ordinance currently includes "Private specialty schools such as music, dance or business schools" as a conditional use in the LB zone and a permitted use in the GB zone. Staff recommends deleting the limiting term "private ". There is no reason a public entity should not be able to open a small instructional operation as could a private business. Zoning Amendments: Uses in Business Zones page 6 We also recommend allowing specialty schools as conditional uses in the NB zone as well. These typically are small businesses, often in storefront locations. A larger operation, while possible, probably would require a larger piece of property than typically is available in an NB zone. • Small Engine Repar: We also recommend deleting "small engine repair" from the NB zone conditional uses. This is not an appropriate activity because an NB zone typically is located next to residential property. Small engine repair currently is a conditional use in the GB zone, which is appropriate. SECTION 7. BUSINESS DISTRICTS Subd. 2. LB, Limited Business District. H. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the LB District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. • 6. Private sSpecialty schools such as music, dance or business schools provided that: a. Provisions are made to buffer and screen any adjoining residential uses. b. The site is served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. Subd. 1. NB, Neighborhood Business District. H. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the NB District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 3. Small engine repair provided that: a. The lighting shall be in compliance with Section 3, Subd. 1.F. of thi: Or so. • • • • Zoning Amendments: Uses in Business Zones page 7 Ordinance and shall be subject to the approval of the City Engineer. c. No outside storage, service or sales except as allowed in compliance with 4. Specialty schools such as music, dance or business schools provided that: a. Provisions are made to buffer and screen any adjoining residential uses. b. The site is served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. SUMMARY The recommended zoning amendments include the following: • Add sales of wine and beer to the permitted uses in the NB zone. • Add extended care facilities up to 30 residents to the permitted uses in the NB zone. • Amend the existing conditions for outdoor dining facilities as a conditional use in the LB and GB zones. • Add outdoor dining facilities as a conditional use in the NB zone, with conditions. • Amend conditions for specialty schools in the LB zone to eliminate limiting to private schools. • Add specialty schools as a conditional use in NB zone, with conditions. • Delete small engine repair as a conditional use in the NB zone. OPTIONS 1. Approve Ordinance No. 09 -06 amending the zoning ordinance text. 2. Deny the zoning amendments. 3. Return to staff with direction RECOMMENDATION Option 1 • Qi z z z tv z G • Cr Y ti z Q G ti • ti ti L 0) O CO- O U)- C.5 o O -a a) CU CIA 4C2 CD U 2� 0 a) _ U N 2 = = 0 a -a - c (0 U) CO aj C 0 (0 E L 0 O• '5 Q) � L •= O o a) L L CO 'a 000 03 0 a) O 0) 0 - 0 2 ▪ U O a) ▪ 16 = O a) a) .Q N Q 'O a) L = C 0 c° ▪ Q O N > L • P U) M O7 �. L E 'C Z > N - °=a) Q(.9..Q_0 Greenhouses and landscape nurseries. Hospitality business. Liquor sales - on and off sale. Office business - clinical. Office business - general. Office business - general. Office business - general. Retail business. Retail business. Service business - off -site. Service business - off -site. Service business - on -site. (i) > -a 0 ) (n o • — us a U O a) a) • U c • a) ..o U) Q) . O 0) • 0 m L d O a) U) c a) O :V 0) • a) a) O • O • Q) _0 U) 0 0) i O a) L - 9 0 - • • GB, General Business Accessory buildings and structures as regulated by Section 3, Subd. 4.D.9 of Zoning Ordinance. Drive - through service facilities. Fences, as regulated by Section 3, Subd. 4.R of Zoning Ordinance. Off- street loading as regulated by Section 3, Subd. 6 of Zoning Ordinance. Off - street parking as regulated by Section 3, Subd. 5 of Zoning Ordinance. Outside services, sales, and equipment rental accessory to the principal use and limited in area to twenty -five (25) percent of the gross floor area of the principal building. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd. 14 of Zoning Ordinance. Signs, as regulated by the city sign ordinance, Ord. No. 12 -97, as amended, of the City Code. LB, Limited Business Accessory buildings and structures as regulated by Section 3, Subd. 4.D.9 of Zoning Ordinance. Fences, as regulated by Section 3, Subd. 4.R of Zoning Ordinance. Off- street loading as regulated by Section 3, Subd. 6 of Zoning Ordinance. Off- street parking as regulated by Section 3, Subd. 5 of Zoning Ordinance. Outside services, sales, and equipment rental accessory to the principal use and limited in area to twenty -five (25) percent of the gross floor area of the principal building. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short -wave dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd. 14 of Zoning Ordinance. 1 NB, Neighborhood Business Accessory buildings and structures as regulated by Section 3, Subd. 4.D.9 of Zoning Ordinance. ter; Fences, as regulated by Section 3, Subd. 4.R of Zoning Ordinance. Off - street loading as regulated by Section 3, Subd. 6 of Zoning Ordinance. Off - street parking as regulated by Section 3, Subd. 5 of Zoning Ordinance. Outside services, sales, and equipment rental accessory to the principal use and limited in area to twenty -five (25) percent of the gross floor area of the principal building. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short -wave dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd. 14 of Zoning Ordinance. Signs, as regulated by the city sign ordinance, Ord. No. 12 -97, as amended, of the City Code. • w V) z 0 0 0 cnI.L. w z_ CO W > • C a) • c - wc - "6 a O v) cn a) a) Y N U 0 0 N •_ 6 fn a U) a O i.- R5 a i U (6 m.c a) ca- `— ▪ Ca U U p T. Q)'E Ec- a,E� O O U E Q u m U E w c 0) 2 a Contractor shops and offices with provisions. c 0 2 a L_ Motor fuel station 0 c 0 .N > 2 a L O w U c O c) U a) O 0 O 0 a) c O 0) 0 O 0 c O O c N a) 75 • N c 00 v) -0 '> 2 0 n _ _C ai Cif lc 0 .2- a) O a) 0 c E E p L 0 U 0) ) i (� c C i a) O �N O U O mO a) 'a O • a o cLU) • 0) O p)N O c c -• o .0 O = (6 0 a) _ 0 0 0 o)O 0 • a a • • a-2 0 O - c N cq O1 C 'O O � � U • U a) .0 UJ Private lodges and clubs with provisions. Small engine and boat repair with provisions. Private lodges and clubs with provisions. _ .O • T -0 0 L a)) te• a= E 0 O L o 0) a) ct c C i E • N O • 0 0 O O > c O a 0 U • 0)N O c c c 'O .O • = • U (I) CL .= co 0 E L _c a3 O U Lo-L U N N a) m U • J as a) O 0 '— N = a) a• _ cz ca 0 u) .- = a) ,O :0 0 ) U • U > O CC O 0) C O O O _0) 0 = O '> L 2 0 co 10 m U • � CO F • tII p) O 0 Ct (13 • u • -92- • a a L a • a N • ti L ti r • It • a 41) w >_LL • r • et ti 1- O z N V � N CO ti 0 z . 1 CCI u) O O U C6 ( a) Cu Q U • � Q) w o cn cn 0) N C6 E a) N N 4_ L., 0 To co �-D oQ Cu a CO U) M- c u) .o (o U U Q) CO Uj r >, • Q cii U O O > CJ) EL'o cn c a) con N O. = -0 O 0 CD 0 LL (n VJ NTERIM USES GB, General Business Z LB, Limited Business 0 z ^VI W 0 L O .0 z Q) O Z dh City of Lino Lakes W Zoning District Map • Columbus Township • :•'••• • I • . : • existing LB zone I •••••‘■ existing NB zones t ^ - all other business zones are GB proposed rezoning from LB to NB - - ' - r - Otd7 ti 5 • .„,...„ . • . . - • • • • City of Shoreview Lino Lakes .Planning Department 600 Town Center Parkway Lino Lakes, Minnesota 55014 Phone (651) 982-2440 C.:nantIy Rum.* ...014.111rg 172,:a'="- City of North Oaks N s January 2005 .11dps one for Wirmetiro plupwrat ortly ro14»1r 141.11.1 wry laqacIatted Land L.Ias and Zonin, lifenrarrev: Seger. - 9 4 - IM 1 KEY • White Bear Township Legend • • *zeta, ' . ak, 1.4,04nry ME 1. ;I' ,ont• • • • Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 09 -06 APPROVING AMENDMENTS TO THE ZONING ORDINANCE REGARDING USES IN THE NB NEIGHBORHOOD BUSINESS, LB LIMITED BUSINESS, AND GB GENERAL BUSINESS ZONING DISTRICTS 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 may from time to time amend the Zoning Ordinance as allowed by state statute and city ordinance. 2. The Lino Lakes Zoning Ordinance has three commercial zoning districts (zones): NB Neighborhood Business, LB Limited Business, and GB General Business. Each zone has permitted uses, accessory uses, and conditional uses. 3. It is appropriate to re- examine uses allowed in the various zoning districts and amend them when deemed appropriate and in the public interest. 4. The zoning amendments included in this Ordinance No. 09 -06 have been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. 5. The proposed uses will be compatible with present and future land uses in the respective zoning districts. 6. All development must confolin with performance standards contained in the Zoning Ordinance and other requirements. 7. The proposed uses will be required to be accommodated with existing public services so as not to overburden the City's service capacity. 8. Traffic generation by the proposed uses will be required to be within capabilities of streets. • • • Section 2 The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 and subsequently amended is hereby amended as shown below. Underlined text is to be added, strikeout text is to be deleted. Text not indicated as added or deleted remains unchanged. SECTION 7. BUSINESS DISTRICTS Subd. 1. NB, Neighborhood Business District. F. Permitted Uses. In the NB District, unless otherwise provided in this Ordinance, no building or land shall hereafter be erected, or structurally altered except for one or more of the following uses. 1. Adult use — accessory. 2. Governmental or public regulated utilities, buildings, or structures necessary for the health, safety, and general welfare of the City. 3. Office business — clinic. 4. Office business — general. 5. Personal services (subject to any licensing requirements of City Code, County or State). 6. Restaurant without drive - through service facilities or outdoor dining. 7 Retail business without drive - through service facilities. 8. Service business — on -site without drive - through service facilities. 9. Liquor sales: on -sale wine and malt liquor (beer) only, off-sale 3.2 percent malt liquor (beer) only. 10. Residential extended care facilities such as nursing homes, with a maximum of 30 residents. H. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the NB District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. - 9 6 - Ordinance No. 09 -06, page 2 • 1 Commercial day care facilities provided that: • • a. All requirements of the Minnesota Department of Health and Human Services, as may be amended, are satisfactorily met and the structure and operation is licensed accordingly. b. Screening is provided along all shared property lines. Such required fencing and screening shall be in compliance with the applicable provisions of Section 3, Subd. 4.Q of this Ordinance. c. Adequate off - street parking is provided in a location separated from any outdoor play area(s). 2. Planned unit development — commercial including shopping centers as regulated by Section 2, Subd. 10 of this Ordinance. 3. Small cnginc repair provided that: of this Ordinance. b. At the boundaries of a residential district, a strip of not less than five (5) fcct shall be landscaped and screened in compliance with Section 3, Subd. 'I.Q of this Ordinance. c. Vehicular access points shall cr of with through traffic movement and shall comply with Section 3, Subd. 5. of this Ordinance and shall be subject to the d. Provisions are made to control and reduce noise. compliance with Section 3, Subd. 'I.P and Section 7, Subd. 1.G.5 of this Ordinance. 3. Restaurants with accessory outdoor dining facilities provided that: a. The applicant submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles. and wait stations. b. Access to the dining area shall be provided only via the principal building if alcoholic beverages are served in the outdoor dining area. - 9 _ Ordinance No. 09 -06, page 3 • • c. The size of the dining area is restricted to thirty (30) percent of the total customer floor area within the principal structure. d. All lighting be hooded and directed away from adjacent residential uses in accordance with Section 3, Subd. 4.F of this Ordinance. e. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: 1) Outdoor dining area shall be at least partially segregated from through pedestrian circulation by means of fencing, bollards, ropes, plantings, or other methods, and shall be subject to review and approval by the City Council. 2) Minimum clear passage zone for pedestrians at the perimeter of the restaurant shall be at least five (5) feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like. 3) Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven (7) feet above sidewalk. 4. Specialty schools such as music, dance or business schools provided that: a. Provisions are made to buffer and screen any adjoining residential uses. b. The site is served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. Subd. 2. LB, Limited Business District. H. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the LB District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. - 9 8 - Ordinance No. 09 -06, page 4 • • • 6. Private aSpecialty schools such as music, dance or business schools provided that: a. Provisions are made to buffer and screen any adjoining residential uses. b. The site is served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. 8. Restaurants with accessory outdoor dining facilities provided that: a. The applicant submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations. b. Access to the dining area shall be provided only via the principal building if alcoholic beverages are served in the outdoor dining area the dining ar a is full corvicc restaurant, including table waiting service. c. The size of the dining area is restricted to thirty (30) percent of the total customer floor area within the principal structure. d. The dining area is screened from view from adjacent residential - - -- ' ' - - ed. All lighting be hooded and directed away from adjacent residential uses in accordance with Section 3, Subd. 4.F of this Ordinance. fe. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: 1) Outdoor dining area shall be at least partially segregated from through pedestrian circulation by means of fencing, bollards, ropes, plantings, or other methods, and shall be subject to review and approval by the City Council. 2) Minimum clear passage zone for pedestrians at the perimeter of the restaurant shall be at least five (5) feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like. 3) Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven (7) feet above sidewalk. - 9 9 - Ordinance No. 09 -06, page • • Subd. 3. GB, General Business District. H. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the GB District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 12. Restaurants with accessory outdoor dining facilities provided that: a. The applicant submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations. b. Access to the dining area shall be provided only via the principal building if alcoholic beverages are served in the outdoor dining area waiting service. c. The size of the dining area is restricted to thirty (30) percent of the total customer floor area within the principal structure. d. The dining area is screened from view from adjacent residential ed. All lighting be hooded and directed away from adjacent residential uses in accordance with Section 3, Subd. 4.F of this Ordinance. fe. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: 1) Outdoor dining area shall be at least partially segregated from through pedestrian circulation by means of fencing, bollards, ropes, plantings, or other methods, and shall be subject to review and approval by the City Council. 2) Minimum clear passage zone for pedestrians at the perimeter of the restaurant shall be at least five (5) feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like. 3) Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven (7) feet above sidewalk. - 100 - Ordinance No. 09 -06, page 6 • Section 3 As above amended, said Zoning Ordinance 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. Adopted by the Lino Lakes City Council this day of 2006. ATTEST: • Julianne Bartell, City Clerk John J. Bergeson, Mayor Adopted by the Lino Lakes City Council this day of , 2006. The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. - 10 1 - Ordinance No. 09 -06, page 7 • • • AGENDA ITEM 6 B STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: September 25, 2006 TOPIC: First Reading, Ordinance No. 10 -06, Rezone Lot 16, Block 1, Millers Crossroads (Southeast Corner of Birch/Hodgson) From LB Limited Business to NB Neighborhood Business ACTION: 3/5 vote BACKGROUND The subject site is located at the southeast corner of Birch St. and Hodgson Rd. During the recent discussion of site development, it became apparent that the existing zoning classification of the parcel (LB, Limited Business) is inconsistent with the City Council's intent when it rezoned the property in September 2003. Specifically, the LB zone provides for auto orientated uses that are not allowed in the NB, Neighborhood Business zone. The commercial site is abutting and accessed through the Millers Crossroads residential development. The City Council wants to minimize impacts on those residents caused by commercial activity. The potential for impacts would increase as traffic increases, and auto oriented uses would increase the potential for increased traffic. Rezoning the site to NB would avoid such impacts. This rezoning should be completed as soon as possible to eliminate uncertainty for this site with immediate development application potential. OPTIONS 1. Approve Ordinance No. 10 -06 rezoning the Millers Crossroads commercial site from LB Limited Business to NB Neighborhood Business. 2. Deny the rezoning. 3. Return to staff with direction RECOMMENDATION Option 1 • • Existing Zoning Map (Detail of Birch /Hodgson Area) proposed rezoning from LB to NB • Council Member moved for adoption of the following ordinance: • • CITY OF LINO LAKES ORDINANCE NO. 10 -06 APPROVING REZONING OF PROPERTY AT THE SOUTHEAST CORNER OF BIRCH STREET AND HODGSON ROAD FROM LB LIMITED BUSINESS TO NB NEIGHBORHOOD BUSINESS 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 rezoning the property described below, based on the factors listed in Section 2 of the Lino Lakes zoning ordinance: 1. The City Council may from time to time amend the Zoning Ordinance as allowed by state statute and city ordinance. 2. The LB Limited Business is not the appropriate zoning for the commercial site at the southeast comer of Birch St. and Hodgson Rd. because of several auto - oriented uses allowed in a LB zone and their potential negative impacts on the surrounding residential neighborhood. Such auto - oriented uses are not allowed in a NB Neighborhood Business zone. 3. The City Council adopted Ordinance No. 09 -06 amending uses in the three business zones. 4. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. a. The comprehensive plan guides the site for Commercial land use. Neighborhood Business is one of the zoning districts intended for areas so designated. b. The site is within the existing Metropolitan Urban Service Area. 5. The uses allowed in the Neighborhood Business zone are more compatible with present and future land uses of the area than uses in the Limited Business zone. 6. All use of the site will be required to conform with applicable performance standards. 7. Proposed uses will be required to be accommodated with existing public services and not overburden the City's service capacity. Municipal water and sanitary sewer are available to the site and sufficient capacity exists. . 8. Traffic generation by proposed uses will be required to be within capabilities of streets serving the property. • Section 2 The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 is hereby amended by rezoning from LB Limited Business to NB Neighborhood Business the following property: Lot 16, Block 1, Millers Crossroads according to the plat of record thereof, Anoka County, Minnesota Section 3 As above amended, said Zoning Ordinance 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. Adopted by the Lino Lakes City Council this day of 2006. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: 411 Whereupon said resolution was declared duly passed and adopted. - 10 5 - Ordinance No. 10 -06, page 2 • • • AGENDA ITEM 6 C STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: September 25, 2006 TOPIC: Resolution 06 -156: Amendment to Conservation Easement Covenants and Restrictions Foxborough VOTE: 3/5 BACKGROUND The City Council accepted a conservation easement for the Foxborough when it approved the final plat with Resolution 05 -121. The easement is created and described in a document called the "Conservation Easement, Covenants and Restrictions ", which was approved with the same resolution. Paragraph 4.D. of that document prohibits the construction of structures in the easement other than stormwater facilities. The developer has constructed a monument sign within the easement and has requested that the City agree to amend the easement document. The sign does not interfere with any of the ecological restoration or management activities. The attached document amends the easement covenants by adding a phrase that allows the entrance monument to be constructed in the conservation easement. OPTIONS 1. Approve Resolution 06 -156 amending the conservation easement for Foxborough. 2. Return to staff with direction. RECOMMENDATION Option 1 • • Council Member adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 06-156 RESOLUTION APPROVING THE AMENDMENT TO THE CONSERVATION EASEMENT COVENANTS AND RESTRICTIONS FOR FOXBOROUGH WHEREAS, the City Council accepted a conservation easement and approved the final plat for Foxborough with Resolution 05 -121, and; WHEREAS, the City of Lino Lakes, Royal Oaks Realty, and the Foxborough Homeowner Association executed a Conservation Easement, Covenants and Restrictions ( "CECR "), which CECR was recorded in the office of the County Recorder for the County of Anoka, State of Minnesota, on January 11, 2006 and recorded as Document No. 1981199, and; WHEREAS, the three parties wish to amend the CECR; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby approves amending the CECR as indicated in the "Amendment To Conservation Easement, Covenants and Restrictions" (Attachment A). Adopted by the Lino Lakes City Council this day of , 2006. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: • Whereupon said resolution was declared duly passed and adopted. • • • ATTACHMENT A TO RESOLUTION 06 -156 AMENDMENT TO CONSERVATION EASEMENT, COVENANTS AND RESTRICTIONS THIS AMENDMENT TO THE CONSERVATION EASEMENT, COVENANTS AND RESTRICTIONS ( "CECR ") is made effective this day of , 20, by Royal Oaks Realty, Inc., a Minnesota corporation ( "Developer "), Foxborough Homeowner Association, a Minnesota nonprofit corporation ( "Homeowner Association ") and the City of Lino Lakes, a municipal corporation organized under the laws of the State of Minnesota ( "City "). Recitals WHEREAS, Developer is the owner of real property located in the City of Lino Lakes, County of Anoka, State of Minnesota, and legally described as follows: Lots 1 through 4, Block 1; Lots 1 through 7, Block 2; Lots 1 through 5, Block 3; Lots 1 through 5, Block 4; Lots 1 through 13, Block 5; Lots 1 through 3, Block 6; Lots 1 through 3, Block 7; Lots 1 through 15, Block 8; Lots 1 and 2, Block 9; Outlots A, B, C, D, and E; all in Foxborough, City of Lino Lakes, County of Anoka, State of Minnesota, according to the recorded plat thereof, (the "Property); WHEREAS, the parties executed a Conservation Easement, Covenants and Restrictions ( "CECR "), which CECR was recorded in the office of the County Recorder for the County of Anoka, State of Minnesota, on January 11, 2006 and recorded as Document No. 1981199. WHEREAS, Developer, Homeowner Association and City wish to amend the CECR as further detailed herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer, Homeowner Association and City hereby agree as follows: STPL- Word:86886.1 - 1 0 8 - • • • herein. 1. Recitals Incorporated. The foregoing recitals are incorporated as if fully stated 2. Amendment. Paragraph 4D of the CECR is hereby amended to read as follows: D. Structures. No manmade structures including, without limitation, storage sheds, gazebos, patios, and concrete walkways, will be permitted within the Conservation Area, except for the manmade structures which are part of the storm water management system and which were installed by Developer or which are repaired, replaced or improved pursuant to the Conservation Plan and except for the entrance monument constructed by Developer on Outlot C. 3. Remaining Terms. All of the remaining terms, definitions and conditions of the CECR, except as expressly amended by this Amendment, shall remain unchanged and shall remain in full force and effect. STPL -W ord:86886.1 [The remainder of this page has been intentionally left blank] -109- • • IN WITNESS WHEREOF, the undersigned have executed this Agreement effective as of the date first appearing above. STATE OF MINNESOTA ) ) ss. COUNTY OF The foregoing instrument w , 20, by of Royal Oaks Realty, Inc., a Minnesota STPL- Word:86886.1 ROYAL OAKS REALTY, INC. By: Its: CITY OF LINO LAKES By: Its: Mayor By: Its: City Clerk FOXBOROUGH HOMEOWNER ASSOCIATION By: Its: as acknowledged before me this day of ,the corporation, on behalf of the corporation. - 110 - Notary Public • • • STATE OF MINNESOTA COUNTY OF ) ss. The foregoing instrument was acknowledged before me this day of , 20, by , the Mayor of the City of Lino Lakes, and by , the City Clerk of the City of Lino Lakes, a Municipal corporation organized under the laws of the State of Minnesota, on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,20 ,by ,the of Foxborough Homeowner Association, a Minnesota nonprofit corporation, on behalf of the corporation. This instrument was drafted by and please return to: Felhaber, Larson, Fenlon & Vogt, P.A. (TJH) 444 Cedar Street, Suite 2100 St. Paul, Minnesota 55101 -2136 STPL- Word:86886.1 Notary Public