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Home My WebLink About01-25-2021 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, January 25, 2021 *********** City Council Meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz City Administrator: Sarah Cotton COUNCIL WORK SESSION, 6:00 P.M. Council Chambers (not televised) 1. Police/Firefighter Position Update 2. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M. ➢ Call to Order and Roll Call - Councilmembers Stoesz, Lyden, Cavegn, Ruhland and Mayor Rafferty were present ➢ Pledge of Allegiance ➢ Open Mike / Public Comment (in person or received in writing prior to meeting) Dean Hausladen, spoke regarding the possibility of a storm water utility and the use of chemicals at Sunrise Park ➢ Setting the Agenda: Addition or Deletion of Agenda Items The agenda was approved as presented. 1. CONSENT AGENDA A) Consideration of Expenditures: i) January 25, 2021 (Check No. 113705 through 113784) in the Amount of $679,119.19 B) Consider Approval of January 4, 2021 Work Session Minutes C) Consider Approval of January 11, 2021 City Council Minutes D) Consider Approval of Advisory Board and EDAC Appointments Action Taken: Motion by Ruhland seconded by Lyden, to approve Consent Agenda Items 1A through ld as presented, was adopted; Cavegn abstained from voting on Item 1D 2. FINANCE DEPARTMENT None Council Agenda -2- January 25, 2021 3. ADMINISTRATION DEPARTMENT A) Consider Approval of Assignment and Assumption of Lease — New Creations, Sarah Cotton Action Taken: Motion by Cavegn seconded by Ruhland, to approve the assignment and assumption as recommended, was adopted B) Consider Appointment of Public Safety Police Officer, Meg Sawyer C) Consider Approval of COVID-19 Medical and Personal Leave of Absence Policy, Meg Sawyer Action Taken: Motion by Lyden seconded by Stoesz, to approve the policy as presented, was adopted 4. PUBLIC SAFETY DEPARTMENT A) Consider Approval of Prosecution Contract for Services, John Swenson Action Taken: Motion by Lyden seconded by Ruhland, to approve the contract as presented, was adopted 5. PUBLIC SERVICES DEPARTMENT A) Oaks of Lino Park Property, Rick DeGardner i) Consider 2nd Reading of Ordinance No. 01-21, Vacating Oaks of Lino Park Property Action Taken: Motion by Ruhland, seconded by Lyden, to approve the 2' Reading of Ordinance No. 01-21 as presented, was adopted: Yeas, 5; Nays none ii) Consider Resolution No. 21-03, Approving Summary Publication of Ordinance No. 01-21 Action Taken: Motion by Cavegn, seconded by Stoesz, to approve Resolution No. 21-03 as presented, was adopted iii) Consider Resolution No. 21-04 Authorizing the Conveyance of Land (Park, Oaks of Lino) to Adjacent Property Owners Action Taken: Motion by Cavegn seconded by Ruhland, to approve Resolution No. 21-04 as presented, was adopted 6. COMMUNITY DEVELOPMENT DEPARTMENT A) Consider Resolution No. 21-01, Accepting Quotes, and Awarding a Construction Contract, 2020 Surface Water Maintenance Project 2, Diane Hankee Action Taken: Motion by Cavegn, seconded by Lyden, to approve Resolution No. 21-01 as presented, was adopted Council Agenda -3- January 25, 2021 B) Consider Resolution No. 21-05, Approving Maintenance Agreement for Channel Crossing, Nature's Refuge, Diane Hankee Action Taken: Motion by Lyden seconded by Stoesz, to approve Resolution No. 21-05 as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment The council meeting was adjourned at 7:00 pm, motion by Ruhland, seconded by Cavegn Following adjournment of the regular council meeting, the City Council will reconvene for an EDA meeting. (See separate agenda.) The EDA Packet is on Laserfiche. Community Calendar — A Look Ahead January 25, 2021 through February 8, 2021 ▪ Wednesday, January 27 6:30 pm, Zoom Environmental Board ▪ Monday, February 1 6:00 pm, Council Chambers Council Work Session ▪ Wednesday, February 3 6:30 pm, Zoom Park Board ▪ Thursday, February 4 8:00 am, Zoom EDAC ▪ Monday, February 8 6:30 pm, Council Chambers City Council Meeting Updated 1/22/2021 CITY COUNCIL AGENDA Monday, January 25, 2021 City Council Meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz City Administrator: Sarah Cotton COUNCIL WORK SESSION, 6:00 P.M. Council Chambers (not televised) 1. Police/Firefighter Position Update 2. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M. ➢ Roll Call ➢ Pledge of Allegiance ➢ Open Mike / Public Comment ➢ Setting the Agenda: Addition or Deletion of Agenda Items 1. CONSENT AGENDA A) Consideration of Expenditures: i) January 25, 2021 (Check No. 113705 through 113784) in the Amount of $679,119.19 B) Consider Approval of January 4, 2021 Work Session Minutes C) Consider Approval of January 11, 2021 City Council Minutes D) Consider Approval of Advisory Board and EDAC Appointments 2. FINANCE DEPARTMENT None 3. ADMINISTRATION DEPARTMENT • A) Consider Approval of Assignment and Assumption of Lease — New Creations, Sarah Cotton B) Consider Appointment of Public Safety Police Officer, Meg Sawyer C) Consider Approval of COVID-19 Medical and Personal Leave of Absence Policy, Meg Sawyer Council Agenda -2- January 25, 2021 4. PUBLIC SAFETY DEPARTMENT A) Consider Approval of Prosecution Contract for Services, John Swenson 5. PUBLIC SERVICES DEPARTMENT A) Oaks of Lino Park Property, Rick DeGardner i) Consider 2nd Reading of Ordinance No. 01-21, Vacating Oaks of Lino Park Property *Council may vote to dispense with the full reading of the ordinance *Roll call vote is required for adoption of the ordinance ii) Consider Resolution No. 21-03, Approving Summary Publication of Ordinance No. 01-21 iii) Consider Resolution No. 21-04 Authorizing the Conveyance of Land (Park, Oaks of Lino) to Adjacent Property Owners 6. COMMUNITY DEVELOPMENT DEPARTMENT A) Consider Resolution No. 21-01, Accepting Quotes, and Awarding a Construction Contract, 2020 Surface Water Maintenance Project 2, Diane Hankee B) Consider Resolution No. 21-05, Approving Maintenance Agreement for Channel Crossing, Nature's Refuge, Diane Hankee 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Following adjournment of the regular council meeting, the City Council will reconvene for an EDA meeting. (See separate agenda.) The EDA Packet is on Laserfiche. Community Calendar — A Look Ahead January 25, 2021 through February 8, 2021 .IF Wednesday, January 27 6:30 pm, Zoom Environmental Board .IF Monday, February 1 6:00 pm, Council Chambers Council Work Session •�. Wednesday, February 3 6:30 pm, Zoom Park Board .I. Thursday, February 4 8:00 am, Zoom EDAC .I. Monday, February 8 6:30 pm, Council Chambers City Council Meeting Expenditures January 25, 2021 Check #113705 to #113784 $679,119.19 Expenditures January 25, 2021 Check #113705 to #113784 $679,119.19 Accounts Payable Check Detail User: Printed: katie.christofferson 01/20/2021 - 11:07AM rr= LINOL ICES Check Number Check Date Check Description Amount 11- Ace Solid Waste, Inc. 113710 01/25/2021 30 Inv January 2021 35 Organic Recycling - Marshan Park 1,974.25 113710 Total: 1,974.25 11- Ace Solid Waste, Inc. Total: 1,974.25 989 - ACE Supply Company, Inc. 113711 01/25/2021 Inv 909921 Replacement of 2 shop heaters 113711 Total: 989 - ACE Supply Company, Inc. Total: 800 - Advanced Graphix Inc. 113712 01/25/2021 Inv 205678 Kit Custom Reflective Graphics #317 113712 Total: 800 - Advanced Graphix Inc. Total: 14 - AFSCME Council #5 101-000-2040-000 113707 01/08/2021 PR Batch 00002.01.2021 Union Dues Inv PR Batch 00002.01.2021 Union Dues AFSCME PR Batch 00002.01.2021 Union Dues AFSCME 113707 Total: 14 - AFSCME Council #5 Total: 18 - All Seasons Rental, Inc. 113713 01/25/2021 Inv 1-73201 Saw rental 113713 Total: 2,030.98 2,030.98 2,030.98 395.00 395.00 395.00 419.76 419.76 419.76 42.80 42.80 18 - All Seasons Rental, Inc. Total: 42.80 25 - American Legal Publishing Corp AP -Check Detail (1/20/2021 - 11:07 AM) Page 1 Check Number Check Date Check Description Amount 113714 01/25/2021 Inv 4481 2020 S-8 Supplement Editing Pages 113714 Total: 25 - American Legal Publishing Corp Total: 42 - Anoka County Property Records & Taxation 113715 01/25/2021 Inv 20-7343 Easement - 2075 Chestnut St Inv 20-76881 Easement - 210 Egret Ln Inv 20-78486 Easement - 6658 LaCasse Cir Inv 20-82225 Easement - 2028 Diamond Ln 113715 Total: 2,647.00 2,647.00 2,647.00 276.00 138.00 46.00 230.00 690.00 42 - Anoka County Property Records & Taxation Total: 690.00 44 - Anoka County Treasury Office 113716 01/25/2021 Inv B210106L Site 115 Jan 2021 Cac Fiber 113716 Total: 44 - Anoka County Treasury Office Total: 1674 - Aramark Uniform & Career Apparel Group, Inc. 113717 01/25/2021 Inv 1004951018 Mats 113717 Total: 1674 - Aramark Uniform & Career Apparel Group, Inc. Total: 54 - Aspen Mills, Inc. 113718 01/25/2021 Inv 266929 Uniform Allowance - B. Strub 113718 Total: 54 - Aspen Mills, Inc. Total: 55 - Auto Nation Ford White Bear Lake 113719 01/25/2021 Inv 553340 Steering and suspension repairs #255 Inv 553403 Cooling system repair #394 113719 Total: 225.00 225.00 225.00 198.36 198.36 198.36 500.35 500.35 500.35 1,094.50 1,637.87 2,732.37 55 - Auto Nation Ford White Bear Lake Total: 2,732.37 AP -Check Detail (1/20/2021 - 11:07 AM) Page 2 Check Number Check Date Check Description Amount 1709 - Bonfe Builders 113720 01/25/2021 Inv 12/17/2020 Escrow Closure - 87 Lilac Street - Conce 113720 Total: 1709 - Bonfe Builders Total: 92 - Boyer Trucks, Inc. 113721 01/25/2021 Inv 939583 Fender #215 113721 Total: 490.71 490.71 490.71 148.58 148.58 92 - Boyer Trucks, Inc. Total: 148.58 100 - Bureau of Criminal Apprehension 113706 01/06/2021 Inv 1/6/2021 Background check for janitorial staff 113706 Total: 133.00 133.00 113722 01/25/2021 Inv 00000638803 CJDN Access Fee - 10/1/20-12/31/20 390.00 113722 Total: 390.00 100 - Bureau of Criminal Apprehension Total: 523.00 1163 - Cargill, Inc. 113723 01/25/2021 Inv 2905904682 Deicer Inv 2905908691 Deicer 113723 Total: 1163 - Cargill, Inc. Total: 111 - Cartegraph Systems, Inc. 113724 01/25/2021 Inv BD0001674 OMS Platform - Enterprise 113724 Total: 111 - Cartegraph Systems, Inc. Total: 115 - Centennial Utilities 113725 01/25/2021 140 Inv December 2020 100 Natural Gas-600 Town Center Pkwy 10,871.06 4,344.45 15,215.51 15,215.51 15,000.00 15,000.00 15,000.00 3,012.69 AP -Check Detail (1/20/2021 - 11:07 AM) Page 3 Check Number Check Date Check Description Amount 113725 Total: 115 - Centennial Utilities Total: 116 - CenterPoint Energy 113726 01/25/2021 230 Inv December 2020 150 Natural Gas-6482 Pheasant RunS 113726 Total: 3,012.69 3,012.69 1,949.31 1,949.31 116 - CenterPoint Energy Total: 1,949.31 127 - Circle Pines Post Office 113705 01/05/2021 Inv 1/5/2021 Utility Billing Postage 113705 Total: 660.10 660.10 127 - Circle Pines Post Office Total: 660.10 136 - City of Roseville 113727 01/25/2021 Inv 0229723 Netmotion - M. Sawyer Inv 0229787 January 2021 IT Services 113727 Total: 136 - City of Roseville Total: 137 - City of Shoreview 113728 01/25/2021 Inv Q42020 4th Qtr 2020 Utilities 113728 Total: 137 - City of Shoreview Total: 138 - City of St. Paul 113729 01/25/2021 Inv IN44134 Asphalt 113729 Total: 138 - City of St. Paul Total: 761- Comcast 101-432-4321-502 113730 01/25/2021 Inv Jan2020 Phone & Internet - 1710 BirchStreet 595.00 18,216.98 18,811.98 18,811.98 1,818.64 1,818.64 1,818.64 1,003.95 1,003.95 1,003.95 344.90 AP -Check Detail (1/20/2021 - 11:07 AM) Page 4 Check Number Check Date Check Description Amount 113730 Total: 761 - Comcast Total: 149 - Connexus Energy 113731 01/25/2021 01 Inv December 2020 04 Electric 113731 Total: 344.90 344.90 6,810.57 6,810.57 149 - Connexus Energy Total: 6,810.57 162 - Curtis 1000 Inc. 113732 01/25/2021 Inv 6173406 UB Statements 113732 Total: 162 - Curtis 1000 Inc. Total: 192 - Emergency Apparatus Maintenance 113733 01/25/2021 Inv 112869 NFPA Pump Test Inv 112870 Inspection #611 Inv 115468 Install LED headlights, wiperblades, va Inv 115469 NFPA Pump Test Inv 115718 Install LED headlights, wiperblades, va Inv 115876 Routine maintenance #620 113733 Total: 192 - Emergency Apparatus Maintenance Total: 193 - Emergency Automotive Technologies 113734 01/25/2021 Inv DL121120-21 Ignition override #304 Inv OAK20148 Squad #317 - Replaces #383 in2020 Capit Inv OAK20148A Squad #317 - Replaces #383 in2020 Capit 113734 Total: 193 - Emergency Automotive Technologies Total: 204 - Factory Motor Parts Company 113735 01/25/2021 Inv 159-044238 Drum brake and axle shaft Inv 159-044300 Core Return Inv 159-Z07591 Battery Inv 1-6665450 Alternator 1,679.44 1,679.44 1,679.44 265.00 759.45 14,434.97 265.00 6,977.67 645.43 23,347.52 23,347.52 124.42 7,448.55 4,799.39 12,372.36 12,372.36 55.90 -48.16 103.64 189.65 AP -Check Detail (1/20/2021 - 11:07 AM) Page 5 Check Number Check Date Check Description Amount 113735 Total: 204 - Factory Motor Parts Company Total: 225 - Frattallone's/Circle Pines Ace 113736 01/25/2021 Inv 073877/G Battery - 12v Inv 073910/G Drill 113736 Total: 225 - Frattallone's/Circle Pines Ace Total: 227 - Freimuth Enterprises, LLC 113737 01/25/2021 Inv Dec2020 Recycling Saturday 113737 Total: 301.03 301.03 2.99 16.28 19.27 19.27 375.00 375.00 227 - Freimuth Enterprises, LLC Total: 375.00 233 - GDO Law 101-414-4303-000 113738 01/25/2021 Inv 5623 January 2021 Legal ProsecutorContract Inv 5624 December Forfeitures 113738 Total: 233 - GDO Law Total: 236 - Gillund Enterprises, Inc. 113739 01/25/2021 Inv 875927 Carburetor cleaner, rust penetrant, chai 113739 Total: 236 - Gillund Enterprises, Inc. Total: 249 - Grainger 113740 01/25/2021 Inv 9747515865 Sandblasting hood 113740 Total: 249 - Grainger Total: 1713 - Hagen, Terina 113784 01/25/2021 Inv 1/15/2021 Settlement Agreement 2020-2021 8,500.00 105.00 8,605.00 8,605.00 345.10 345.10 345.10 83.50 83.50 83.50 150,000.00 AP -Check Detail (1/20/2021 - 11:07 AM) Page 6 Check Number Check Date Check Description Amount 113784 Total: 150,000.00 1713 - Hagen, Terina Total: 150,000.00 1659 - Haugo Geo Technical Services, LLC 113741 01/25/2021 Inv 8705 2020 Street Rehab Inv 8831 East Cedar St/Elmcrest Ave 5,060.00 3,839.00 113741 Total: 8,899.00 1659 - Haugo Geo Technical Services, LLC Total: 8,899.00 271 - Hawkins, Inc. 113742 01/25/2021 Inv 4850203 150 Lb Chlorine Cylinder 25.00 113742 Total: 25.00 271- Hawkins, Inc. Total: 25.00 306 - Image Printing & Graphics, Inc 113743 01/25/2021 Inv 157678 'All Other Business' sign forElections 56.00 113743 Total: 56.00 306 - Image Printing & Graphics, Inc Total: 56.00 1177 - Innovative Office Solutions LLC 113744 01/25/2021 Inv SUM-058836 Office supplies - envelopes, tape, note 89.54 113744 Total: 89.54 1177 - Innovative Office Solutions LLC Total: 89.54 312 - International Union 101-000-2040-000 113708 01/08/2021 PR Batch 00002.01.2021 Union Dues 4 Inv PR Batch 00002.01.2021 Union Dues 49ers PR Batch 00002.01.2021 Union Dues 49ers 560.00 113708 Total: 560.00 312 - International Union Total: 560.00 757 - Jimmy's Johnnys 101-450-4410-000 113745 01/25/2021 Inv 176605 Toilet Rental - City Hall Park Inv 176606 Toilet Rental - Sunrise Park 60.00 60.00 AP -Check Detail (1/20/2021 - 11:07 AM) Page 7 Check Number Check Date Check Description Amount Inv 176607 Toilet Rental - Birch Park Inv 176608 Toilet Rental - Lino Park 113745 Total: 757 - Jimmy's Johnnys Total: 338 - Kennedy & Graven, Chartered 113746 01/25/2021 Inv 158939 November & December Legal 113746 Total: 338 - Kennedy & Graven, Chartered Total: 1708 - Landbridge Ecological 113747 01/25/2021 Inv 271 Foxborough Restoration 113747 Total: 1708 - Landbridge Ecological Total: 1597 - Landmark Structures 113748 01/25/2021 Inv 13091-000-10 Water Tower No. 3 Inv 13091-000-11 Water Tower No. 3 113748 Total: 1597 - Landmark Structures Total: 1224 - Lano Equipment 113749 01/25/2021 Inv 02-803159 Toolcat snowblower repair Inv 02-805570 Bearing hub assembly 113749 Total: 1224 - Lano Equipment Total: 1710 - Larson, Jeremy & Amy 113750 01/25/2021 Inv 12/17/2020 Escrow Closure - Lundgren -Larson Minor S 113750 Total: 1710 - Larson, Jeremy & Amy Total: 365 - Law Enforcement Labor Services 101-000-2040-000 60.00 60.00 240.00 240.00 574.00 574.00 574.00 5,500.00 5,500.00 5,500.00 142,818.25 17,983.50 160,801.75 160,801.75 312.96 438.37 751.33 751.33 915.91 915.91 915.91 AP -Check Detail (1/20/2021 - 11:07 AM) Page 8 Check Number Check Date Check Description Amount 113709 01/08/2021 PR Batch 00002.01.2021 Union Dues I Inv PR Batch 00002.01.2021 Union Dues LELS PR Batch 00002.01.2021 Union Dues LELS 113709 Total: 365 - Law Enforcement Labor Services Total: 1461- Leadership Growth Groups LLC 113751 01/25/2021 Inv 21215 2021 Leadership Growth Group - S. Cotton 113751 Total: 1461 - Leadership Growth Groups LLC Total: 369 - League of Minnesota Cities 113752 01/25/2021 Inv 333172 2021 MCMA Winter ProfessionalDevelopmen 1,397.00 1,397.00 1,397.00 600.00 600.00 600.00 30.00 113752 Total: 30.00 369 - League of Minnesota Cities Total: 30.00 375 - Lexipol LLC 113753 01/25/2021 Inv INV8271 Annual Law Enforcement PolicyManual & D Inv INV8930 Annual Fire Policy Manual & Daily Traini 7,354.00 2,448.00 113753 Total: 9,802.00 375 - Lexipol LLC Total: 9,802.00 377 - Life Safety Systems Inc. 113754 01/25/2021 Inv 83080 Annual monitoring charge 1/1/21-12/31/21 113754 Total: 377 - Life Safety Systems Inc. Total: 394 - Macqueen Equipment, Inc. 113755 01/25/2021 Inv 16590 Fire fighting boots Inv 16610 Germicidal Cleaner Inv 16634 Turnout gear, Fire fighting boots 113755 Total: 394 - Macqueen Equipment, Inc. Total: 650.00 650.00 650.00 628.02 111.17 11,970.88 12,710.07 12,710.07 AP -Check Detail (1/20/2021 - 11:07 AM) Page 9 Check Number Check Date Check Description Amount 399 - Mansfield Oil Company 101-431-4212-000 113756 01/25/2021 Inv 22119348 Diesel Fuel Inv 22119374 Cony 87 Oct E-10 113756 Total: 399 - Mansfield Oil Company Total: 418 - Menards - Forest Lake 113757 01/25/2021 Inv 53239 Paint, roller tray, washers, screw drive Inv 53574 Heater Inv 54725 Light bulbs Inv 54900 Drill and plywood Inv 55044 Light bulbs & power cord 113757 Total: 418 - Menards - Forest Lake Total: 423 - Met Council Environmental Services 602-495-4405-000 113758 01/25/2021 Inv 0001118264 February Waste Water Services 113758 Total: 1,108.70 2,218.71 3,327.41 3,327.41 84.44 19.99 63.92 42.05 40.97 251.37 251.37 82,374.02 82,374.02 423 - Met Council Environmental Services Total: 82,374.02 420 - Met Council Environmental Services (SAC) 113759 01/25/2021 Inv Dec2020 December 2020 SAC 113759 Total: 420 - Met Council Environmental Services (SAC) Total: 419 - Metro Chief Fire Officers Association 113760 01/25/2021 Inv 2021 2021 Dues - D. L'Allier 113760 Total: 419 - Metro Chief Fire Officers Association Total: 421 - Metro Sales Incorporated 113761 01/25/2021 Inv INV1731368 Copier Maintenance Contract Ricoh/MP 405 113761 Total: 46,742.85 46,742.85 46,742.85 300.00 300.00 300.00 36.00 36.00 AP -Check Detail (1/20/2021 - 11:07 AM) Page 10 Check Number Check Date Check Description Amount 421 - Metro Sales Incorporated Total: 450 - MN Department of Health 113762 01/25/2021 Inv Q42020 4th Qtr 2020 Water ConnectionFee 113762 Total: 450 - MN Department of Health Total: 479 - Nardini Fire Equipment Co 113763 01/25/2021 Inv IN00158842 Fire extinguisher inspection 113763 Total: 479 - Nardini Fire Equipment Co Total: 500 - Nystrom Publishing Company 113764 01/25/2021 Inv 43832 Recycling Saturday postcards 113764 Total: 500 - Nystrom Publishing Company Total: 508 - Optum 113765 01/25/2021 Inv 10199050399 December Retiree & Cobra Fees 113765 Total: 36.00 12,167.00 12,167.00 12,167.00 142.61 142.61 142.61 2,201.82 2,201.82 2,201.82 95.00 95.00 508 - Optum Total: 95.00 509 - O'Reilly Automotive Stores 113766 01/25/2021 Inv 5914-144184 Oil filter and rainX Inv 5914-144199 Fuel filters Inv 5914-144372 Oil and gasket maker Inv 5914-144822 Oil filters Inv 5914-145898 Headlight bulbs Inv 5914-145910 Fuses Inv 5914-146263 Coolant Inv 5914-146576 Bulbs 113766 Total: 509 - O'Reilly Automotive Stores Total: 1367 - Petty Cash - Kellie Schmidt 67.46 43.62 73.13 16.08 34.08 26.97 53.97 8.42 323.73 323.73 AP -Check Detail (1/20/2021 - 11:07 AM) Page 11 Check Number Check Date Check Description Amount 113767 01/25/2021 Inv 2/11/2020 Additional postage 113767 Total: 1367 - Petty Cash - Kellie Schmidt Total: 1711 - Premier Custom Homes 113768 01/25/2021 Inv 11/24/2020 Escrow Release - 546 Arlo Ln 113768 Total: 1.85 1.85 1.85 3,400.00 3,400.00 1711 - Premier Custom Homes Total: 3,400.00 552 - Press Publications, Inc. 113769 01/25/2021 Inv 689425 Notice of Public Hearing Oaksof Lino Pa Inv 689428 Summary Budget Statement 113769 Total: 103.43 162.53 265.96 552 - Press Publications, Inc. Total: 265.96 571- Republic Services #899 101-432-4384-503 113770 01/25/2021 Inv 0899-003655597 January 2021 Organic Recycling - City Ha 113770 Total: 571- Republic Services #899 Total: 1707 - Sauter & Sons, Inc 113771 01/25/2021 Inv 121505 Demolition - 7685 Lake Dr 113771 Total: 1707 - Sauter & Sons, Inc Total: 1578 - SBRK Finance Holdings, Inc 113772 01/25/2021 Inv INV-005141 December UB Web Payments Trans Fee/Activ 113772 Total: 1578 - SBRK Finance Holdings, Inc Total: 1593 - Shred -it, c/o Stericycle, Inc. 113773 01/25/2021 138.39 138.39 138.39 14,500.00 14,500.00 14,500.00 669.00 669.00 669.00 AP -Check Detail (1/20/2021 - 11:07 AM) Page 12 Check Number Check Date Check Description Amount Inv 8181049979 Document destruction 113773 Total: 1593 - Shred -it, c/o Stericycle, Inc. Total: 634 - Staples Business Credit 113774 01/25/2021 Inv 1632493633 Toner, note pads, pens, envelopes 113774 Total: 634 - Staples Business Credit Total: 645 - Streicher's, Inc. 113775 01/25/2021 Inv 1474010 Uniform Allowance - M. Christensen Inv 1474446 Uniform Allowance - K. Sinna Inv 1475246 Uniform Allowance - A. Hallin Inv 1475248 Uniform Allowance - A. Hallin Inv 1475270 Uniform Allowance - A. Hallin Inv CM287888 Uniform Allowance - A. Hallin- Credit 113775 Total: 645 - Streicher's, Inc. Total: 649 - Sycom, Inc. 113776 01/25/2021 78.01 78.01 78.01 151.17 151.17 151.17 299.94 93.95 74.97 29.99 24.99 -17.99 505.85 505.85 Inv A03-2167A Well 3 SCADA Software for DSLLink Upgra 5,000.00 113776 Total: 649 - Sycom, Inc. Total: 651 - T.A. Schifsky and Sons, Inc. 113777 01/25/2021 Inv 66613 AC Sand Mix Inv 66655 AC Sand Mix Inv 66701 AC Sand Mix Inv 66732 AC Sand Mix 113777 Total: 651 - T.A. Schifsky and Sons, Inc. Total: 1022 - Target Solutions Learning LLC Dept 2071 113778 01/25/2021 Inv INV17462 Membership Fees 113778 Total: 5,000.00 5,000.00 392.63 612.73 284.00 211.58 1,500.94 1,500.94 6,727.58 6,727.58 AP -Check Detail (1/20/2021 - 11:07 AM) Page 13 Check Number Check Date Check Description Amount 1022 - Target Solutions Learning LLC Dept 2071 Total: 6,727.58 671 - Trans Union LLC 113779 01/25/2021 Inv 12006287 Background checks 113779 Total: 49.35 49.35 671- Trans Union LLC Total: 49.35 686 - U.S. Bank 113780 01/25/2021 Inv 5975859 Water Utility Revenue Bonds 2016A Inv 5975860 Improvement Refunding Bonds 2016B Inv 5975861 Abatement Ref Bonds 2016C Inv 5976066 Bonds 2018A 113780 Total: 450.00 450.00 450.00 500.00 1,850.00 686 - U.S. Bank Total: 1,850.00 687 - U.S. Bank Visa 113782 01/25/2021 Inv 1/14/2021 Amazon/GDEALER scale for evidence intake 17,868.66 113782 Total: 17,868.66 687 - U.S. Bank Visa Total: 17,868.66 545 - Walser Polar Chevrolet 113781 01/25/2021 Inv 58509P22 Hose clamps and thermostat 113781 Total: 545 - Walser Polar Chevrolet Total: Total: 74.99 74.99 74.99 679,119.19 AP -Check Detail (1/20/2021 - 11:07 AM) Page 14 City of Lino Lakes Activity Codes Code 401 402 403 404 405 407 414 415 416 417 418 420 421 422 430 431 432 450 451 461 462 463 494 495 499 802 806 808 810 811 812 814 Description Mayor/Council Administration Elections Cable TV Charter Administration Finance Legal Consultants Economic Development Planning & Zoning Engineering Community Development Police Protection Fire Protection Building Inspections Streets Fleet Management Government Buildings Parks Recreation Environmental Solid Waste Abatement Forestry Water Sanitary Sewer Other Dodgeball Camp Youth T-Ball Youth Baseball Camp Youth Playground Youth Safety Camp Youth Art Camps Senior Programs/Book Club Code 817 818 819 822 827 830 835 850 856 857 860 864 868 871 875 876 877 879 890 Description Spring Fling Winter Festival Community Gardens Family Corn Roast Gobbler Games Adult Golf Lessons Youth Skating Class Golf Academy Youth Soccer Soccer Fundamentals Secret Shop Preschool Playtime Little Goblins Party Flag Football Snow Day Kite Day Rockin' in the Park Movies in the Park Senior Programs Vendor AFSCME Council #5 International Union Law Enforcement Labor Services Anoka County Property Records & Taxation Anoka County Property Records & Taxation Anoka County Property Records & Taxation Anoka County Property Records & Taxation Anoka County Property Records & Taxation Anoka County Property Records & Taxation Anoka County Property Records & Taxation Anoka County Property Records & Taxation Anoka County Property Records & Taxation Anoka County Property Records & Taxation Anoka County Property Records & Taxation Met Council Environmental Services (SAC) Met Council Environmental Services (SAC) U.S. Bank Visa Optum Leadership Growth Groups LLC League of Minnesota Cities American Legal Publishing Corp Shred -it c/o Stericycle Inc. U.S. Bank Visa City of Roseville City of Roseville U.S. Bank Visa Press Publications Inc. U.S. Bank Visa GDO Law GDO Law Kennedy & Graven Chartered U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa Hagen Terina Staples Business Credit U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa Menards - Forest Lake Menards - Forest Lake U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa AP Checks by Account Number 1/25/2021 City Council Meeting Fund/Dept Account 101-000 101-000 101-000 101-000 101-000 101-000 101-000 101-000 101-000 101-000 101-000 101-000 101-000 101-000 101-000 101-000 101-000-2040-000 101-000-2040-000 101-000-2040-000 101-000-2081-000 101-000-2081-000 101-000-2081-000 101-000-2081-000 101-000-2081-000 101-000-2081-000 101-000-2081-000 101-000-2081-000 101-000-2081-000 101-000-2081-000 101-000-2081-000 101-000-2120-000 101-000-3414-000 101-000 Total 101-401 101-401-4900-000 101-401 Total 101-402 101-402 101-402 101-402 101-402 101-402 101-402-4310-000 101-402-4330-000 101-402-4330-000 101-402-4410-000 101-402-4410-000 101-402-4452-000 101-402 Total 101-407 101-407 101-407 101-407 101-407 101-407-4310-000 101-407-4310-000 101-407-4330-000 101-407-4340-000 101-407-4410-000 101-407 Total 101-414 101-414-4303-000 101-414 101-414-4303-000 101-414 Total 101-415 101-415-4300-000 101-415 101-415-4452-000 101-415 101-415-4452-000 101-415 101-415-4452-000 101-415 Total 101-420 101-420 101-420 101-420 101-420 101-420 101-420 101-420 101-420 101-420 101-420 101-420 101-420 101-420 101-420 101-420 101-420 101-420 101-420 101-420 101-420 101-420 101-420 101-420-4131-000 101-420-4200-000 101-420-4200-000 101-420-4200-000 101-420-4200-000 101-420-4200-000 101-420-4200-000 101-420-4200-000 101-420-4200-000 101-420-4211-000 101-420-4211-000 101-420-4213-000 101-420-4213-000 101-420-4240-000 101-420-4240-000 101-420-4240-000 101-420-4240-000 101-420-4240-000 101-420-4240-000 101-420-4240-000 101-420-4300-000 101-420-4321-000 101-420-4330-000 Amount Check # 419.76 560.00 1,397.00 46.00 46.00 46.00 46.00 46.00 46.00 46.00 46.00 46.00 46.00 46.00 47,215.00 -472.15 49,625.61 120.00 120.00 95.00 600.00 30.00 2,647.00 26.00 48.05 3,446.05 16,758.98 595.00 135.00 162.53 102.00 17,753.51 8,500.00 105.00 8,605.00 317.75 150.00 295.00 250.00 1,012.75 150,000.00 151.17 17.99 13.98 23.66 88.17 -2.84 62.77 110.16 30.60 139.25 160.00 199.92 84.44 42.05 370.42 12.99 14.85 165.31 217.99 199.00 1,785.77 1,080.00 Description 113707 PR Batch 00002.01.2021 Union Dues AFSCME 113708 PR Batch 00002.01.2021 Union Dues 49ers 113709 PR Batch 00002.01.2021 Union Dues LELS 113715 Easement - 6689 21st Ave 113715 Easement -114 Robinson Dr 113715 Easement - 6498 Totem Trail 113715 Easement - 2148 Dogwood St 113715 Easement - 2047 Diamond Ln 113715 Easement - 210 Egret Ln 113715 Easement - 6658 LaCasse Cir 113715 Easement - 2075 Chestnut St 113715 Easement - 6494 Vaughn Ct 113715 Easement - 2028 Diamond Ln 113715 Easement -114 Robinson Dr 113759 December 2020 SAC 113759 December 2020 SAC 113782 Centerville Floral/Flowers for L. Snell Family 113765 December Retiree & Cobra Fees 113751 2021 Leadership Growth Group - S. Cotton 113752 2021 MCMA Winter Professional Development - S. Cotton 113714 2020 S-8 Supplement Editing Pages 113773 Document destruction 113782 JP Cooke/Notary Stamp for J. Bartell 113727 January 2021 IT Services 113727 Netmotion - M. Sawyer 113782 GFOA/The Budget Document and Beyond Webinar 113769 Summary Budget Statement 113782 MN Board of Accountancy/CPA Renewal H. Lynch 113738 January 2021 Legal Prosecutor Contract 113738 December Forfeitures 113746 November & December Legal 113782 Quad Area Chamber of Commerce/Annual 2021 Dues 113782 Economic Development Association of Minnesota/Annual 2021 Dues 113782 Sensible Landuse Coalition/Annual Membership M. Grochala 113784 Settlement Agreement 2020-2021 113774 Toner note pads pens envelopes 113782 Amazon/5pk 16gb SD cards to motion cameras 113782 Amazon/USB/VGA adaptor for L. Hawkinson's computer 113782 Rubber Stamps/Faxed Stamp & Emailed Stamp front office 113782 Amazon/USBs for external discovery requests 113782 Vistaprint/Note cards - sales tax refund 113782 Vistaprint/Note cards 113782 Vistaprint/Business cards Oak & Carlson & camera registration 113782 Amazon/Oxygen tank regulator 113782 Intoximeters/DMT (200) & Alco-Sensor (300) mouthpieces 113782 Hero 247/8 polo shirts for Explorers 113782 Propper.com/Khaki Pants for Explorers (8) 113757 Paint roller tray washers screw driver 113757 Drill and plywood 113782 Mechanix Wear/7 pair fire resistant level 5 gloves 113782 Amazon/GDEALER scale for evidence intake 113782 Amazon/Replacement keyboard for evidence room 113782 Dive Rescue Int'I/Water rescue rope rope bag ice carabineer 113782 Amazon/Monitor to replace broken one from INV SGT office 113782 Havis/Repair docking station #304 113782 Verizon/Phone & Internet 113782 Forest Lake Sportsmen's Club/Range fee for fall and winter shoot Page 1 Vendor U.S. Bank Visa Aspen Mills Inc. Macqueen Equipment Inc. Streicher's Inc. Streicher's Inc. Streicher's Inc. Streicher's Inc. Streicher's Inc. Streicher's Inc. U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa Connexus Energy U.S. Bank Visa U.S. Bank Visa Bureau of Criminal Apprehension Lexipol LLC Metro Sales Incorporated Shred -it c/o Stericycle Inc. Target Solutions Learning LLC Dept 2071 Trans Union LLC U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa Menards - Forest Lake Macqueen Equipment Inc. Menards - Forest Lake U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa Macqueen Equipment Inc. U.S. Bank Visa U.S. Bank Visa Emergency Apparatus Maintenance Emergency Apparatus Maintenance Lexipol LLC Target Solutions Learning LLC Dept 2071 Trans Union LLC Metro Chief Fire Officers Association Metro Chief Fire Officers Association Metro Chief Fire Officers Association U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa City of St. Paul T.A. Schifsky and Sons Inc. T.A. Schifsky and Sons Inc. T.A. Schifsky and Sons Inc. T.A. Schifsky and Sons Inc. Cargill Inc. AP Checks by Account Number 1/25/2021 City Council Meeting Fund/Dept Account Amount Check # 101-420 101-420-4330-000 770.00 101-420 101-420-4370-000 500.35 101-420 101-420-4370-000 11,970.88 101-420 101-420-4370-000 29.99 101-420 101-420-4370-000 93.95 101-420 101-420-4370-000 24.99 101-420 101-420-4370-000 299.94 101-420 101-420-4370-000 74.97 101-420 101-420-4370-000 -17.99 101-420 101-420-4370-000 593.35 101-420 101-420-4370-000 222.09 101-420 101-420-4370-000 566.69 101-420 101-420-4370-000 18.50 101-420 101-420-4370-000 30.00 101-420 101-420-4370-000 500.00 101-420 101-420-4370-000 723.67 101-420 101-420-4370-000 497.63 101-420 101-420-4370-000 641.22 101-420 101-420-4370-000 573.86 101-420 101-420-4381-000 30.35 101-420 101-420-4386-000 150.00 101-420 101-420-4386-000 17.43 101-420 101-420-4410-000 390.00 101-420 101-420-4410-000 7,354.00 101-420 101-420-4410-000 36.00 101-420 101-420-4410-000 52.01 101-420 101-420-4410-000 2,200.00 101-420 101-420-4410-000 32.90 101-420 101-420-4452-000 386.00 101-420 101-420-4452-000 110.00 101-420 101-420-4452-000 200.00 101-420 101-420-4452-000 190.00 101-420 Total 184,230.43 101-421 101-421-4200-000 40.97 101-421 101-421-4211-000 111.17 101-421 101-421-4240-000 19.99 101-421 101-421-4321-000 146.48 101-421 101-421-4330-000 156.40 101-421 101-421-4330-000 96.80 101-421 101-421-4370-000 628.02 101-421 101-421-4370-000 108.48 101-421 101-421-4370-000 460.00 101-421 101-421-4410-000 265.00 101-421 101-421-4410-000 265.00 101-421 101-421-4410-000 2,448.00 101-421 101-421-4410-000 4,527.58 101-421 101-421-4410-000 16.45 101-421 101-421-4452-000 100.00 101-421 101-421-4452-000 100.00 101-421 101-421-4452-000 100.00 101-421 Total 9,590.34 101-422 101-422-4240-000 117.92 101-422 101-422-4321-000 193.25 101-422 101-422-4330-000 305.08 101-422 101-422-4370-000 56.90 101-422 Total 673.15 101-430 101-430-4211-000 35.96 101-430 101-430-4224-000 1,003.95 101-430 101-430-4224-000 284.00 101-430 101-430-4224-000 392.63 101-430 101-430-4224-000 211.58 101-430 101-430-4224-000 612.73 101-430 101-430-4228-000 4,344.45 Description 113782 Law Enforcement Seminars/Tuition W. Owens & N. Hamann 113718 Uniform Allowance - B. Strub 113755 Turnout gear Fire fighting boots 113775 Uniform Allowance - A. Hallin 113775 Uniform Allowance - K. Sinna 113775 Uniform Allowance - A. Hallin 113775 Uniform Allowance - M. Christensen 113775 Uniform Allowance - A. Hallin 113775 Uniform Allowance - A. Hallin - Credit 113782 AR500 Armor/Uniform Allowance - J. Cree 113782 5.11/Uniform Allowance - C. Boehme 113782 Galls/Tru-Spec Cargo Pants for mobile field force 113782 Galls/Uniform Allowance - P. Noll 113782 Amazon/Uniform Allowance - M. DeMars 113782 Xtreme Apparel/Police Patch Caps 113782 Flying Cross/Uniform Allowance - M. Rumpsa 113782 AR500 Armor/Uniform Allowance - M. Carlson 113782 AR500 Armor/Uniform Allowance - A. Hallin 113782 AR500 Armor/Uniform Allowance - A. Riehm 113731 Electric 113782 Campanelle/Gift card for Police Reserve Holiday party 113782 Holiday Station Store/Soda beverages for Reserve Holiday party 113722 CJDN Access Fee - 10/1/20-12/31/20 113753 Annual Law Enforcement Policy Manual & Daily Training Bulletins 113761 Copier Maintenance Contract Ricoh/MP 4055SP 113773 Document destruction 113778 Membership Fees 113779 Background checks 113782 MN Chiefs of Police Assoc/2021 Membership renewal 113782 FBI NAA/FBINAA National Dues & Northwest Chapter Dues 113782 Police Executive Research Forum/Subscription Member Renewal 113782 IACP/2021 Membership 113757 Light bulbs & power cord 113755 Germicidal Cleaner 113757 Heater 113782 Verizon/Phone & Internet 113782 International Code Council/2020 MN State fire codes LT Sadwoski 113782 Amazon/Textbook: Fire Inspector to be issued to LT Sadwoski 113755 Fire fighting boots 113782 Conway Shield/2 Leather Helmet Shields 113782 Xtreme Apparel/Police Patch Caps 113733 NFPA Pump Test 113733 NFPA Pump Test 113753 Annual Fire Policy Manual & Daily Training Bulletins 113778 Membership Fees 113779 Background checks 113760 2021 Dues - J. Swenson 113760 2021 Dues - B. Finke 113760 2021 Dues - D. L'Allier 113782 Amazon/Tape measures flash lights computer case 113782 Verizon/Phone & Internet 113782 Americlnn/Hotel for J. Boonstra - On -Site Septic Classes 113782 Lands End/Uniform Allowance - B. Finke 113782 The Home Depot/Disposable face masks 113729 Asphalt 113777 AC Sand Mix 113777 AC Sand Mix 113777 AC Sand Mix 113777 AC Sand Mix 113723 Deicer Page 2 CITY...°. 3' OF LNOLKES Vendor Cargill Inc. Cartegraph Systems Inc. U.S. Bank Visa Connexus Energy Mansfield Oil Company Mansfield Oil Company U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa Boyer Trucks Inc. Emergency Automotive Technologies Factory Motor Parts Company Factory Motor Parts Company Factory Motor Parts Company Factory Motor Parts Company Gillund Enterprises Inc. Lano Equipment O'Reilly Automotive Stores O'Reilly Automotive Stores O'Reilly Automotive Stores O'Reilly Automotive Stores O'Reilly Automotive Stores O'Reilly Automotive Stores O'Reilly Automotive Stores O'Reilly Automotive Stores U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa Walser Polar Chevrolet Grainger U.S. Bank Visa U.S. Bank Visa Auto Nation Ford White Bear Lake Auto Nation Ford White Bear Lake Cartegraph Systems Inc. Lano Equipment U.S. Bank Visa Emergency Apparatus Maintenance Emergency Apparatus Maintenance Emergency Apparatus Maintenance Emergency Apparatus Maintenance Image Printing & Graphics Inc Innovative Office Solutions LLC U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa U.S. Bank Visa AP Checks by Account Number 1/25/2021 City Council Meeting Fund/Dept Account 101-430 101-430-4228-000 101-430 101-430-4300-000 101-430 101-430-4321-000 101-430 101-430-4385-000 101-430 Total 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431 101-431-4212-000 101-431-4212-000 101-431-4212-000 101-431-4212-000 101-431-4212-000 101-431-4212-000 101-431-4212-000 101-431-4212-000 101-431-4212-000 101-431-4212-000 101-431-4212-000 101-431-4212-000 101-431-4212-000 101-431-4212-000 101-431-4212-000 101-431-4212-000 101-431-4221-000 101-431-4221-000 101-431-4221-000 101-431-4221-000 101-431-4221-000 101-431-4221-000 101-431-4221-000 101-431-4221-000 101-431-4221-000 101-431-4221-000 101-431-4221-000 101-431-4221-000 101-431-4221-000 101-431-4221-000 101-431-4221-000 101-431-4221-000 101-431-4221-000 101-431-4221-000 101-431-4221-000 101-431-4221-000 101-431-4221-000 101-431-4240-000 101-431-4240-000 101-431-4240-000 101-431-4300-000 101-431-4300-000 101-431-4300-000 101-431-4300-000 101-431-4300-000 101-431-4410-000 101-431-4410-000 101-431-4410-000 101-431-4410-000 101-431 Total 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432-4200-000 101-432-4200-000 101-432-4200-000 101-432-4200-000 101-432-4200-000 101-432-4200-000 101-432-4200-000 101-432-4200-000 Amount 10,871.06 4,500.00 41.45 1,615.75 23,913.56 1,108.70 2,218.71 13.95 20.81 22.66 25.29 6.40 24.16 16.72 40.23 21.72 26.67 21.37 16.01 24.54 18.64 148.58 124.42 103.64 55.90 -48.16 189.65 345.10 438.37 16.08 67.46 43.62 8.42 34.08 73.13 53.97 26.97 286.42 300.46 454.30 26.79 74.99 83.50 249.56 259.98 1,637.87 1,094.50 3,000.00 312.96 84.00 759.45 14,434.97 6,977.67 645.43 35,990.66 56.00 89.54 5.26 11.91 22.40 8.99 31.99 29.99 Check # 113723 Deicer 113724 OMS Platform - Enterprise 113782 Verizon/Phone & Internet 113731 Electric Description 113756 Diesel Fuel 113756 Cony 87 Oct E-10 113782 Holiday Station Stores/Squad fuel #618 113782 Holiday Station Stores/Squad fuel #393 113782 Cenex/Toolcat fuel 113782 Holiday Station Store/Toolcat fuel 113782 Holiday Station Store/Toolcat fuel 113782 Holiday Station Stores/Squad fuel #600 113782 Cenex/Toolcat fuel 113782 Bill's Superette/Squad fuel #620 113782 Cenex/Toolcat fuel 113782 Holiday Station Store/Toolcat fuel 113782 Holiday Station Store/Toolcat fuel 113782 Holiday Station Stores/Squad fuel #316 113782 Cenex/Toolcat fuel 113782 Holiday Station Stores/Squad fuel #396 113721 Fender#215 113734 Ignition override #304 113735 Battery 113735 Drum brake and axle shaft 113735 Core Return 113735 Alternator 113739 Carburetor cleaner rust penetrant chain lube brake cleaner 113749 Bearing hub assembly 113766 Oil filters 113766 Oil filter and rainX 113766 Fuel filters 113766 Bulbs 113766 Headlight bulbs 113766 Oil and gasket maker 113766 Coolant 113766 Fuses 113782 Zoro.com/Amber strobe/beacon for 2021 F-250 #510 113782 AutoAnything/Front & rear seat covers for 2021 Ford F-250 #510 113782 Amazon/Foldable beacon mounts for F-250 #510 113782 AllState Peterbilt of Rogers/26-03425-023 Air Brake Hose #413 113781 Hose clamps and thermostat 113740 Sandblasting hood 113782 Ebay/4- 18volt Milwaukee Batteries 113782 Fleet Farm/2 - 55 gallon barrel drum pumps for pumping fluids 113719 Cooling system repair #394 113719 Steering and suspension repairs #255 113724 OMS Platform - Enterprise 113749 Toolcat snowblower repair 113782 Discount Tire/4 tires for #505 113733 Inspection #611 113733 Install LED headlights wiper blades various repairs #610 113733 Install LED headlights wiper blades various repairs #609 113733 Routine maintenance #620 113743 'All Other Business' sign for Elections 113744 Office supplies - envelopes tape note pads 113782 Amazon/Charger cable for J. Boonstra 113782 Amazon/Febreeze air freshener - City Hall Restrooms 113782 The Home Depot/Brown rubber mulch - City Hall 113782 Amazon/Printer cable replacement 113782 Amazon/Stylus pen - M. Sawyer 113782 Amazon/Adesso Imouse - M. Sawyer Page 3 Vendor ACE Supply Company Inc. Frattallone's/Circle Pines Ace U.S. Bank Visa U.S. Bank Visa Frattallone's/Circle Pines Ace Menards - Forest Lake All Seasons Rental Inc. U.S. Bank Visa Anoka County Treasury Office Anoka County Treasury Office Life Safety Systems Inc. Anoka County Treasury Office Life Safety Systems Inc. Comcast Connexus Energy CenterPoint Energy CenterPoint Energy CenterPoint Energy CenterPoint Energy CenterPoint Energy Centennial Utilities Ace Solid Waste Inc. Ace Solid Waste Inc. Ace Solid Waste Inc. Ace Solid Waste Inc. Ace Solid Waste Inc. Ace Solid Waste Inc. Ace Solid Waste Inc. Republic Services #899 Bureau of Criminal Apprehension Aramark Uniform & Career Apparel Group Inc. Nardini Fire Equipment Co Cartegraph Systems Inc. Press Publications Inc. U.S. Bank Visa Connexus Energy Centennial Utilities Centennial Utilities Centennial Utilities CenterPoint Energy CenterPoint Energy Ace Solid Waste Inc. Jimmy's Johnnys Jimmy's Johnnys Jimmy's Johnnys Jimmy's Johnnys U.S. Bank Visa U.S. Bank Visa Nystrom Publishing Company Ace Solid Waste Inc. Ace Solid Waste Inc. Ace Solid Waste Inc. Ace Solid Waste Inc. Freimuth Enterprises LLC U.S. Bank U.S. Bank U.S. Bank AP Checks by Account Number 1/25/2021 City Council Meeting Fund/Dept 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 101-432 Account 101-432-4211-500 101-432-4211-500 101-432-4211-500 101-432-4211-500 101-432-4211-501 101-432-4211-501 101-432-4211-503 101-432-4211-503 101-432-4300-500 101-432-4300-501 101-432-4300-502 101-432-4300-503 101-432-4300-503 101-432-4321-502 101-432-4381-500 101-432-4383-500 101-432-4383-500 101-432-4383-500 101-432-4383-501 101-432-4383-502 101-432-4383-503 101-432-4384-500 101-432-4384-500 101-432-4384-501 101-432-4384-501 101-432-4384-502 101-432-4384-502 101-432-4384-503 101-432-4384-503 101-432-4410-000 101-432-4410-502 101-432-4410-503 101-432 Total 101-450 101-450 101-450 101-450 101-450 101-450 101-450 101-450 101-450 101-450 101-450 101-450 101-450 101-450 101-450-4300-000 101-450-4300-000 101-450-4321-000 101-450-4381-000 101-450-4383-000 101-450-4383-000 101-450-4383-000 101-450-4383-000 101-450-4383-000 101-450-4384-000 101-450-4410-000 101-450-4410-000 101-450-4410-000 101-450-4410-000 101-450 Total 101-461 101-461-4321-000 101-461 101-461-4330-000 101-461 Total 101-462 101-462 101-462 101-462 101-462 101-462 101-462-4340-000 101-462-4410-000 101-462-4410-000 101-462-4410-000 101-462-4410-000 101-462-4410-000 101-462 Total 341-470 341-470-6030-000 341-470 Total 342-470 342-470-6030-000 342-470 Total 343-470 343-470-6030-000 Amount 2,030.98 16.28 799.15 -53.15 2.99 63.92 42.80 60.54 75.00 75.00 325.00 75.00 325.00 344.90 1,383.24 321.34 279.22 260.12 453.50 302.90 2,647.23 360.50 62.71 133.31 80.33 148.74 124.73 434.80 138.39 133.00 198.36 142.61 12,044.52 1,500.00 103.43 81.46 69.12 143.63 26.40 175.42 53.19 21.99 0.00 60.00 60.00 60.00 60.00 2,414.64 46.45 150.00 196.45 2,201.82 190.04 94.66 108.22 236.21 375.00 3,205.95 450.00 450.00 450.00 450.00 450.00 Check # 113711 Replacement of 2 shop heaters 113736 Drill 113782 The Home Depot/Refrigerator 113782 The Home Depot/Refund sales tax 113736 Battery - 12v 113757 Light bulbs 113713 Saw rental 113782 Amazon/Light bulbs for council chambers 113716 Site 115 Jan 2021 Cac Fiber 113716 Site 116 Jan 2021 Cac Fiber 113754 Annual monitoring charge 1/1/21-12/31/21 113716 Site 117 Jan 2021 Cac Fiber 113754 Annual monitoring charge 1/1/21-12/31/21 113730 Phone & Internet - 1710 Birch Street 113731 Electric 113726 Natural Gas-1187 Main Street 113726 Natural Gas-1189 Main Street 113726 Natural Gas-1189 Main Street 113726 Natural Gas-7741 Lake Drive 113726 Natural Gas-1710 Birch Street 113725 Natural Gas-600 Town Center Pkwy 113710 Trash & Recycling - 1189 Main Street 113710 Commingle Recycling 1189 Main Street 113710 Can Recycling Fire Station #1 113710 Trash & Recycling - 7741 Lake Drive 113710 Trash & Recycling - 1710 Birch Street 113710 Can Recycling Fire Station #2 113710 Trash & Recycling - 640 Town Center Pkwy 113770 January 2021 Organic Recycling - City Hall 113706 Background check for janitorial staff 113717 Mats 113763 Fire extinguisher inspection Description 113724 OMS Platform - Enterprise 113769 Notice of Public Hearing Oaks of Lino Park Vacate 113782 Verizon/Phone & Internet 113731 Electric 113725 Natural Gas-7204 Lake Drive 113725 Natural Gas-6811 Lake Drive 113725 Natural Gas-6918 Sunrise 113726 Natural Gas-6520 Pheasant Run 113726 Natural Gas-1179 Main Street 113710 Trash & Recycling - Sunrise Park 113745 Toilet Rental - Birch Park 113745 Toilet Rental - City Hall Park 113745 Toilet Rental -Sunrise Park 113745 Toilet Rental - Lino Park 113782 Verizon/Phone & Internet 113782 University of Minnesota/Shade Tree Short Course 113764 Recycling Saturday postcards 113710 Organic Recycling - Birch Park 113710 Organic Recycling - Clearwater Creek 113710 Organic Recycling - Lino Park 113710 Organic Recycling-Marshan Park 113737 Recycling Saturday 113780 Water Utility Revenue Bonds 2016A 113780 Improvement Refunding Bonds 2016B 113780 Abatement Ref Bonds 2016C Page 4 Vendor U.S. Bank Advanced Graphix Inc. Emergency Automotive Technologies Emergency Automotive Technologies Landmark Structures Landmark Structures Kennedy & Graven Chartered Sauter & Sons Inc Haugo Geo Technical Services LLC Anoka County Property Records & Taxation U.S. Bank Visa Haugo Geo Technical Services LLC City of Shoreview MN Department of Health Curtis 1000 Inc. U.S. Bank Visa U.S. Bank Visa Hawkins Inc. U.S. Bank Visa U.S. Bank Visa Cartegraph Systems Inc. Sycom Inc. City of Roseville U.S. Bank Visa U.S. Bank Visa Circle Pines Post Office Petty Cash - Kellie Schmidt Connexus Energy City of Shoreview CenterPoint Energy CenterPoint Energy CenterPoint Energy CenterPoint Energy SBRK Finance Holdings Inc Curtis 1000 Inc. Cartegraph Systems Inc. City of Roseville U.S. Bank Visa Circle Pines Post Office Petty Cash - Kellie Schmidt Connexus Energy City of Shoreview Centennial Utilities CenterPoint Energy CenterPoint Energy CenterPoint Energy CenterPoint Energy CenterPoint Energy Met Council Environmental Services SBRK Finance Holdings Inc U.S. Bank Visa AP Checks by Account Number 1/25/2021 City Council Meeting Fund/Dept Account 343-470 Total 344-470 344-470-6030-000 344-470 Total 402-420 402-420-5000-000 402-420 402-420-5000-000 402-420 402-420-5000-000 402-420 Total 406-499 406-499-4400-127 406-499 406-499-4400-127 406-499 Total 418-499 418-499-4301-000 418-499 Total 420-499 420-499-4400-000 420-499 Total 421-499 421-499-4300-133 421-499 Total 474-499 474-499-4300-082 474-499 Total 484-499 484-499-4300-000 484-499 Total 486-499 486-499-4300-000 486-499 Total 601-000 601-000-2140-000 601-000 601-000-2140-000 601-000 Total 601-494 601-494 601-494 601-494 601-494 601-494 601-494 601-494 601-494 601-494 601-494 601-494 601-494 601-494 601-494 601-494 601-494 601-494 601-494 601-494 601-494-4200-000 601-494-4200-000 601-494-4211-000 601-494-4222-000 601-494-4240-000 601-494-4240-000 601-494-4300-000 601-494-4300-000 601-494-4310-000 601-494-4321-000 601-494-4321-000 601-494-4322-000 601-494-4322-000 601-494-4381-000 601-494-4382-000 601-494-4383-000 601-494-4383-000 601-494-4383-000 601-494-4383-000 601-494-4410-000 601-494 Total 602-495 602-495 602-495 602-495 602-495 602-495 602-495 602-495 602-495 602-495 602-495 602-495 602-495 602-495 602-495 602-495 602-495 602-495-4200-000 602-495-4300-000 602-495-4310-000 602-495-4321-000 602-495-4322-000 602-495-4322-000 602-495-4381-000 602-495-4382-000 602-495-4383-000 602-495-4383-000 602-495-4383-000 602-495-4383-000 602-495-4383-000 602-495-4383-000 602-495-4405-000 602-495-4410-000 602-495-4452-000 Amount Check# Description 450.00 500.00 113780 Bonds2018A 500.00 395.00 113712 Kit Custom Reflective Graphics #317 4,799.39 113734 Squad #317 - Replaces #383 in 2020 Capital Equipment 7,448.55 113734 Squad #317 - Replaces #383 in 2020 Capital Equipment 12,642.94 17,983.50 113748 Water Tower No. 3 142,818.25 113748 Water Tower No. 3 160,801.75 256.25 113746 November & December Legal 256.25 14,500.00 113771 Demolition - 7685 Lake Dr 14,500.00 5,060.00 113741 2020 Street Rehab 5,060.00 46.00 113715 Release of Deferred Assessment 46.00 21.10 113782 USPS/Shipped Lino Lakes 2040 Comp Plan to Metropolitan Council 21.10 3,839.00 113741 East Cedar St/Elmcrest Ave 3,839.00 17.01 113728 4th Qtr 2020 Utilities 12,167.00 113762 4th Qtr 2020 Water Connection Fee 12,184.01 839.72 113732 UB Statements 14.99 113782 Amazon/Flash drive case 62.44 113782 Amazon/Respirator filters head lamps 25.00 113742 150 Lb Chlorine Cylinder 329.00 113782 The Home Depot/Hammer drill 185.97 113782 Amazon/30" Shovels 3,000.00 113724 OMS Platform - Enterprise 5,000.00 113776 Well 3 SCADA Software for DSL Link Upgrade 729.00 113727 January 2021 IT Services 207.93 113782 Verizon/Phone & Internet 46.45 113782 Verizon/Phone & Internet 330.05 113705 Utility Billing Postage 0.92 113767 Additional postage 2,968.10 113731 Electric 428.45 113728 4th Qtr 2020 Utilities 17.06 113726 Natural Gas-6774 Black Duck Drive 42.50 113726 Natural Gas-6786 Clearwater Creek 45.53 113726 Natural Gas-6482 Pheasant Run S 51.87 113726 Natural Gas-1180 Birch Street 334.50 113772 December UB Web Payments Trans Fee/Active Acct Fee 14,659.48 839.72 113732 UB Statements 3,000.00 113724 OMS Platform - Enterprise 729.00 113727 January 2021 IT Services 122.91 113782 Verizon/Phone & Internet 330.05 113705 Utility Billing Postage 0.93 113767 Additional postage 744.01 113731 Electric 1,373.18 113728 4th Qtr 2020 Utilities 20.01 113725 Natural Gas -Sunrise 18.38 113726 Natural Gas-2200 E. Cedar Street 20.40 113726 Natural Gas-6666 Black Duck Drive 21.85 113726 Natural Gas-2028 Cypress Street 18.38 113726 Natural Gas-1473 Snow Goose Trail 21.08 113726 Natural Gas-6300 Laurene Ave 82,374.02 113758 February Waste Water Services 334.50 113772 December UB Web Payments Trans Fee/Active Acct Fee 23.00 113782 MN Pollution Control Agency/Wastewater renewal cert - T. Paulno Page 5 Vendor Anoka County Property Records & Taxation Anoka County Property Records & Taxation Bonfe Builders Larson Jeremy & Amy Premier Custom Homes Anoka County Property Records & Taxation Landbridge Ecological AP Checks by Account Number 1/25/2021 City Council Meeting Fund/Dept Account 602-495 Total 801-000 801-000 801-000 801-000 801-000 801-000 801-000-2300-000 801-000-2300-000 801-000-2300-000 801-000-2300-000 801-000-2318-000 801-000-2323-103 801-000 Total 810-499 810-499-4410-000 810-499 Total Grand Total Amount Check# Description 89,991.42 46.00 113715 Resolution - Poehling Addition 46.00 113715 Resolution - Poehling Addition 490.71 113720 Escrow Closure - 87 Lilac Street - Concept Plan 915.91 113750 Escrow Closure - Lundgren -Larson Minor Subdivision 3,400.00 113768 Escrow Release - 546 Arlo Ln 46.00 113715 Resolution 4,944.62 5,500.00 113747 Foxborough Restoration 5,500.00 679,119.19 Page 6 Electronic Funds Transfer MN Statute 471.38 Subd. 3 12/31/2020 12/31/2020 1/4/2021 1/4/2021 1/4/2021 1/6/2021 1/8/2021 1/8/2021 1/8/2021 1/8/2021 1/8/2021 1/8/2021 1/8/2021 1/8/2021 1/8/2021 1/8/2021 1/8/2021 1/8/2021 1/15/2021 1/20/2021 Council Meeting January 25, 2021 Council Payroll Council PERA HSA Bank ER Contribution Council Federal Deposit Council State Wire from 4M (Gen Acct) Payroll #01 Payroll #01 Federal Deposit Payroll #01 PERA Payroll #01 State Payroll #01 Child Support Payroll #01 H.S.A. Bank Pretax Payroll #01 TASC Pretax Payroll #01 ICMA 457 Def. Comp #301596 Payroll #01 ICMA Roth IRA #706155 Payroll #01 MSRS HCSP #98946-01 Payroll #01 MSRS Def. Comp #98945-01 Payroll #01 MSRS Roth IRA #98945-01 Building Permit Surcharge Sales & Use Tax Transfer In/(Out) (3,304.93) (367.62) (5,999.85) (196.60) (43.95) 300,000.00 (134,835.83) (41,299.97) (43,936.81) (9,403.56) (276.29) (3,293.95) (749.96) (3,815.00) (510.75) (1,746.09) (3,185.00) (660.00) (3,241.08) (713.00) CITY COUNCIL WORK SESSION DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 4 DATE : January 4, 2021 5 TIME STARTED : 6:00 p.m. 6 TIME ENDED : 6:45 p.m. 7 MEMBERS PRESENT : Council Member Stoesz, Lyden, Ruhland, 8 Cavegn and Mayor Rafferty 9 MEMBERS ABSENT : None 10 Staff members present: Community Development Director Michael Grochala; Director 11 of Public Safety John Swenson; Public Services Director Rick DeGardner, City Engineer 12 Diane Hankee; City Clerk Julie Bartell 13 14 1. Storm Water Utility Proposal — Community Development Director Grochala 15 recalled the council's direction to seek a proposal to establish a storm water utility for the 16 City. He noted that WSB & Associates has submitted a proposal to prepare a report on 17 the feasibility of a project. He introduced Bob Barth, WSB & Associates, who was 18 present to answer questions. 19 20 Mayor Rafferty asked for general information on storm water utility and its use by other 21 jurisdictions in the area. He is aware that the Vadnais Lakes Area Water Management 22 Organization (VLAWMO) does have a storm water utility. 23 24 Community Development Director Grochala said, if the council approves the completion 25 of a study, more specific information will be provided to the City. He noted other cities 26 in the area that have the utility. The study will look at the budgetary cost for the City's 27 storm water system and converting that cost so it is charged based on impervious 28 surfaces. A fee would be established and would have different levels, i.e. single family 29 would be different from industrial use. 30 31 The mayor asked for more information on costs that will and could be identified, i.e. the 32 cost of a street sweeper. Mr. Grochala replied that the utility would have a budget for 33 capital costs. Mr. Barth pointed out that the cost of pond dredging is something that 34 could be covered; that is not currently being done and it is something that he expects will 35 soon be mandated by the State. Mr. Grochala noted the high number of storm water 36 ponds present in the City and associated costs; adding dredging will be an expensive 37 addition. Mr. Barth remarked that establishment of a utility allows the City to charge for 38 use/impact on the system. Further Mr. Barth noted that the utility is generally funded in 39 a transparent manner that is clear because it is a separate fund. 40 41 Councilmember Ruhland asked about maintenance of ponds when they go quite dry. 42 Some elements of pond maintenance are storm water maintenance. 43 1 CITY COUNCIL WORK SESSION DRAFT 44 Councilmember Stoesz asked if there is a precedent on any charges to people who have 45 wells. Mr. Grochala said he believes that generally charges apply when they do 46 something like a ditch project. Mr. Grochala added that currently any property that is tax 47 exempt is not paying the City for storm water maintenance but they would generally be 48 included in a utility. Mr. Barth pointed out that government entities such as MnDOT and 49 Anoka County would usually be exempt. Mr. Barth explained that land use is a part of 50 consideration but an appeal process is also usually included. Councilmember Stoesz 51 asked if there is an estimate of revenue and Mr. Grochala replied that years ago that figure 52 was $500,000 annually. 53 54 Councilmember Lyden asked how ditches would be impacted and also noted that he has 55 an expectation that the City's fee will be in line with surrounding area charges. Mr. 56 Grochala explained that there are different types of ditches so some would be included in 57 maintenance (new improvements would not be covered by this utility). 58 59 The council will consider an action at the next council meeting. 60 61 2. Zoning Ordinance Update — Consultant Services — Community Development 62 Director Grochala noted the completion of the City's comprehensive plan update. It 63 would be appropriate to now move forward in updating the City's zoning code 64 accordingly. He reviewed areas that would be included in an update process (see staff 65 report). In the past the City has used the services of Landform but he would like to know 66 if staff should approach that company or do a request for services. Councilmember 67 Stoesz asked why the process can't be done in house and Mr. Grochala explained the 68 complexity of the process and his recommendation to get outside help; staff would 69 however work hand in hand with a consultant throughout the process. 70 71 Councilmember Stoesz asked if staff has an idea of a not to exceed amount for the work; 72 Mr. Grochala offered that there is $25,000 in the current budget. 73 74 Mayor Rafferty asked if there any danger in seeking additional quotes for the service. 75 Mr. Grochala noted that the biggest thing to consider in that area would be familiarity. 76 Mayor Rafferty said he's comfortable with Landform; there was no objection from the 77 council. 78 79 3. Annual Appointments — Mayor Rafferty noted that the list coming forward is 80 concurrent with the past year. The council did not have any questions. Councilmember 81 Stoesz noted that he is employed by US Bank although he understands that he can vote 82 for the depositories because he doesn't have any direct consideration in his job duties. 83 84 4. Annual EDA Appointments — Mayor Rafferty suggested that the council 85 continue with the past practice of moving council members up through these positions, 86 which would mean the following EDA appointments: 87 88 Chris Lyden — President 2 CITY COUNCIL WORK SESSION DRAFT 89 Michael Ruhland — Vice President 90 Tony Cavegn - Treasurer 91 92 5. Council Updates on Boards/Commissions — There were no updates. 93 94 6. Review Regular Agenda of January 11, 2021 95 96 Item 5A, Vacating Oaks of Lino Lakes Park Property - Director DeGardner explained the 97 recommendation to vacate a strip of property that is no longer needed. A 98 recommendation to do so comes forward from the Park Board. The adjacent property 99 owners will split the vacated land. 100 101 Item 6A, Denying a Setback Variance for Deck at 842 Lois Lane — Mayor Rafferty noted 102 that the property owner should be aware that this is coming forward. 103 104 Not on Printed Agenda — Community Development Director Grochala had sent a 105 message to the council including the YMCA's notice of their intent to convey the Lino 106 Lakes facility back to the City by March 1, 2021. He reminded the council that the City 107 will be receiving the results of a study soon that evaluates future operations of the facility. 108 Staff will continue to work with Isaac Sports Group on that study as planned. In the 109 meantime staff will be keeping the council aware and providing information on what is Ho involved in the facility transitioning from YMCA ownership to the City. 111 Councilmember Ruhland asked if there is any recourse for the City other than taking 112 ownership of the property and Mr. Grochala indicated that is the recourse that is allowed 113 under contract. Mayor Rafferty remarked that the City's elected officials that dealt with 114 the development of the facility along with staff at that time (in particular Mr. Grochala) 115 made sure the City was covered and it's important this council does the same good work 116 in this process. 117 118 Councilmember Lyden asked that the council continue to attempt to establish a time for a 119 goal setting session. 120 121 The meeting was adjourned at 6:45 p.m. 122 123 These minutes were considered, corrected and approved at the regular Council meeting held on 124 January 25, 2021. 125 126 127 128 129 Julianne Bartell, City Clerk Rob Rafferty, Mayor 130 3 COUNCIL MINUTES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT DRAFT LINO LAKES CITY COUNCIL REGULAR MEETING MINUTES : January 11, 2021 . 6:30 p.m. . 7:22 p.m. : Councilmember Stoesz, Lyden, Ruhland, Cavegn and Mayor Rafferty Staff members present: City Administrator Sarah Cotton; Community Development Director Michael Grochala; City Planner Katie Larsen; Public Services Director Rick DeGardner; Human Resource Manager Meg Sawyer; City Clerk Julie Bartell PUBLIC COMMENT 18 There were no public comments. 19 SETTING THE AGENDA 20 The agenda was approved as presented. 21 CONSENT AGENDA 22 Councilmember Lyden moved to approve the Consent Agenda, Items lA through 1C as presented. 23 Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 24 25 ITEM ACTION 26 Consideration of Expenditures: 27 A) January 11, 2021 (Check No. 113646 through 113704) 28 in the Amount of $276,534.75 29 B) Consider Approval of December 28, 2020 Council 30 Work Session Minutes 31 C) Consider Approval of December 28, 2020 Council 32 Minutes 33 FINANCE DEPARTMENT REPORT 34 There was no report from the Finance Department. 35 ADMINISTRATION DEPARTMENT REPORT Approved Approved Approved 36 3A) Consider Approval of Annual Appointments for 2021— City Administrator Cotton noted 37 that the council annually approves a list of appointments and designations. She mentioned that the 38 council reviewed this year's list at the last worksession and she noted changes from the previous 39 year. 1 COUNCIL MINUTES DRAFT 40 Carter Johnson, publisher of the Quad Community Press. The paper has served the City for many 41 years in the past and they are thrilled to be selected to continue that service. He noted the number 42 of people that the paper serves. He noted the commmunity resident guide they produce. They 43 make the paper available to anyone who requests and they reach twenty percent of the population. 44 Councilmember Cavegn moved to approve the list of appointments for 2021. Councilmember 45 Stoesz seconded the motion. Motion carried on a voice vote. 46 B) Consider Appointment of Public Safety Record Technician — Meg Sawyer, Human 47 Resources Manager, reviewed the staff recommendation to appoint Jessica Crowe to this vacant 48 position. Ms. Crowe's qualifications and a review of the hiring process is included in the written staff 49 report. 50 Councilmember Lyden moved to approve the appointment of Jessica Crowe as recommended. 51 Councilmember Stoesz seconded the motion. Motion carried on a voice vote. 52 PUBLIC SAFETY DEPARTMENT REPORT 53 There was no report from the Public Safety Department. 54 PUBLIC SERVICES DEPARTMENT REPORT 55 5A) Public Hearing: Consider 1st Reading of Ordinance No. 01-21 Vacating Oaks of Lino 56 Park Property — Public Services Director DeGardner reported on his recommendation that the 57 council hold a public hearing on an ordinance that would vacate the Oaks of Lino Lakes property. 58 This vacation comes forward as a recommendation from the City's Park Board. Mayor Rafferty 59 noted that he was in attendance when the Park Board discussed this matter. 60 Mayor Rafferty opened the public hearing. 61 There being no one present wishing to speak, the public hearing was closed. 62 Councilmember Stoesz moved to approve the 1st Reading of Ordinance No. 01-21 as presented. 63 Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 64 COMMUNITY DEVELOPMENT REPORT 65 6A) Consider Resolution No. 20-131 Denying a Setback Variance for a Deck at 842 Lois 66 Lane - City Planner Larsen reviewed a PowerPoint presentation including information on: 67 Background that brings forward a request for a setback variance; 68 Review of City discussion of the matter; 69 Note that the state building code requirement calls for the setback; 70 Aerial map of the site and plan showing proposed deck; 71 The current deck is not legal; 72 Current zoning and setback requirement noted; 73 What's being proposed for construction — to keep or replace existing deck and extend that 74 structure; 75 Zoning Ordinance speaks to deck construction in two sections; 2 COUNCIL MINUTES DRAFT 76 An option was presented that would be allowed; 77 Findings of Fact were reviewed; 78 Staff and Planning and Zoning Board recommendation to deny the setback variance request. 79 Mayor Rafferty mentioned the grandfather rule; the applicant would be allowed to vary the current 80 setback requirement from current standards but not to the level he requests. 81 Brian Rydlund, 842 Lois Lake. He thanked the council for coming out to his property and looking 82 at the structure. He awaits the council's decision and the logic behind their vote. 83 Councilmember Ruhland asked if there is a variance in the full length of the deck to the lot line and 84 Mr. Rydlund said yes, but it is marginal 85 Councilmember Lyden explained his perspective. This deck has been present for thirty years and 86 there has never been a complaint or problem related to the structure. The issue of health and safety 87 is being identified as the five foot setback. He has sent pictures of other properties (shown on 88 screen) with thirteen feet between homes. If the question is safety (fire), his examples would 89 present the same issue. A picture of the applicant's property was shown with more space between. 90 He feels confident the neighbor's will not be building a deck. 91 Councilmember Lyden moved to approve the variance but only with a minimum of ten feet distance 92 between structures to be maintained now and in the future. 93 Mayor Rafferty said he has visited the site several times and has looked from different views. He 94 feels that he must recognize that there are rules in place and they must be taken seriously. Is it 95 wrong for the applicant to come forward and request a variance — of course not. There is a way to 96 move forward in a modified manner. The mayor said he would not support a variance. 97 Councilmember Cavegn said he has visited the site as well. The applicant did not cause the 98 problem but yet the deck falls outside of regulations. He is concerned about how the City can 99 prevent something like this from happening again? The applicant is just trying to improve his 10o property. City Planner Larsen noted that residents are encouraged to contact City Hall before 101 projects. Ms. Larsen added that the neighbor maintains the right to use their setback and it could 102 impact the space between properties. 103 Councilmember Stoesz remarked that he has concern that Councilmember's Lyden motion would 104 not stay workable in the future. 105 Councilmember Stoesz moved to approve Resolution No. 20-131 as presented. 106 Ruhland asked is it possible that the homeowner could have a structure that hinged up? Ms. Larson 107 said that would still be a structure and it would not comply. 108 Councilmember Ruhland seconded the Stoesz motion. 109 Councilmember Lyden argued that this is a question about one resident and one situation. If the 110 City can't work out something for this resident, that represents government being too large. The 111 council has an obligation to use common sense in making these decisions. 112 Motion carried on a voice vote. Councilmember Lyden recorded as voting no. 113 6B) Consider Resolution No. 20-02, Authorizing Preparation of Storm Water Utility 114 Feasibility Study - Community Development Director Grochala noted that the resolution authorizes 115 a study. He pointed out that the council has discussed this option and the elements of establishing a 3 COUNCIL MINUTES DRAFT 116 utility. WSB & Associates has submitted a proposal to prepare a feasibility study to be funded 117 through the storm water management fund. 118 Councilmember Stoesz asked when the budget impact of an established utility would occur. Staff 119 suggested that with the feasibility study planned for early this year, the utility could be place for 120 2022. 121 Councilmember Ruhland moved to approve Resolution No. 20-02 as presented. 122 Cavegn seconded the motion. Motion carried on a voice vote. 123 UNFINISHED BUSINESS 124 There was no Unfinished Business. 125 126 NEW BUSINESS 127 There was no New Business. 128 129 COMMUNITY EVENTS 130 There were no events announced. 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 COMMUNITY CALENDAR Councilmember 4- Tuesday, January 12 Wednesday, January 13 Thursday, January 14 Monday, January 18 Monday, January 25 Monday, January 25 Community Calendar - A Look Ahead January 11, 2021 through January 25, 2021 6:00 pm, Zoom 6:30 pm, Zoom 6:00 pm, Zoom CITY HALL CLOSED 6:00 pm, Council Chambers 6:30 pm, Council Chambers Advisory Board Interviews Planning & Zoning Board Advisory Board Interviews Martin Luther King Council Work Session City Council Meeting ADJOURN There being no further business, Councilmember Stoesz moved to adjourn at 7:22 p.m. Councilmember Lyden seconded the motion. Motion carried on a voice vote. These minutes were considered and approved at the regular Council Meeting on January 25, 2021. Julianne Bartell, City Clerk Rob Rafferty, Mayor 4 CITY COUNCIL AGENDA ITEM 1D STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk MEETING DATE: January 25, 2021 TOPIC: Advisory Board Appointment VOTE REQUIRED: 3/5 INTRODUCTION Each year, the City council appoints or reappoints citizens to serve on council advisory boards/committee. BACKGROUND Interviews were conducted January 12 and 14, 2021 with the following results: Planning & Zoning Board — 3 Seats Paul Tralle Nate Vojtech Isaac Wipperfurth Park Board - 2 Seats Clark Gooder James Zilka Economic Development Advisory Committee — 4 Seats, 2 Applicants Julie Jeffrey -Schwartz Andrew Cravero Environmental Board 2 Seats John Sullivan Cassondra Cavegn RECOMMENDATION Approve advisory board/committee appointments as listed above. CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Sarah Cotton, City Administrator MEETING DATE: January 25, 2021 TOPIC: Assignment and Assumption of Lease — New Creations VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve an Assignment and Assumption of Lease with New Creations effective January 1, 2021. BACKGROUND In June of 2014, the City of Lino Lakes entered into a lease agreement with New Creations Child Care and Learning Center, LLC. The original term of the lease was from July 1, 2014 to June 30, 2019. Prior to investing in improvements to the leased facility, the owners of New Creations asked the City to consider an extension to the lease agreement in June of 2018. A ten-year extension, with an option to terminate after five year was approved by the City Council on June 25, 2018. New Creations now has several sites across the metro area, with several entities operating the various sites. In an effort to streamline its operations, New Creations is looking to combine operations so that there are only two separate entities leasing/operating the sites. New Creations is requesting approval of the Assignment and Assumption from New Creations Child Care and Learning Center, LLC to NCCC, LLC. It should be noted that both entities have identical ownership. The lease contains a provision that requires New Creations to obtain written consent from the Landlord (City of Lino Lakes) prior to assigning or transferring the lease. All provisions of the lease, as amended, will remain in full force and effect. RECOMMENDATION Approve Assignment and Assumption of Lease effective January 1, 2021. ATTACHMENTS Assignment and Assumption of Lease New Creations Child Care and Learning Center Lease Agreement and Amendments ASSIGNMENT AND ASSUMPTION OF LEASE THIS ASSIGNMENT AND ASSUMPTION OF LEASE (this "Assignment"), is made as of the 1st day of January, 2021 (the "Effective Date"), by and between New Creations Childcare and Learning Center, Inc., a Minnesota corporation ("Assignor"), NCCC, LLC, a Minnesota limited liability company ("Assignee"), and City of Lino Lakes, a Minnesota municipal corporation, and/or its assigns ("Landlord"). RECITALS WHEREAS, Assignor is the tenant under that certain Lease Agreement dated July 1, 2014 by and between Landlord and Assignor, as amended from time -to -time (collectively, with the amendments, the "Lease"), pursuant to which Lease, Landlord has demised to Assignor a portion of that certain premises located at 620 Town Center Parkway, Lino Lakes, MN, as specifically described in the Lease (the "Property"). WHEREAS, Assignor desires to assign to Assignee and Assignee desires to assume from Assignor all of Assignor's rights, title, and interest and liabilities in, to and under the Lease. WHEREAS, the Lease contains a covenant on the part of Assignor not to assign or transfer the Lease nor sublet the Property without Landlord's prior written consent. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the mutual receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. The foregoing recitals are incorporated as if fully set forth herein. 2. As of the Effective Date, Assignor hereby grants, assigns, transfers and conveys to Assignee, its successors and assigns, all of Assignor's rights, title, interest and liabilities in, to and under the Lease and the Property for the balance of the term of the Lease (including any extensions and renewals thereof). 3. As of the Effective Date, Assignee hereby expressly assumes Assignor's rights, title, interest and liabilities in, to and under the Lease and becomes liable for the full and timely performance of all obligations, liabilities and covenants arising under the Lease from and after the date hereof. 4. Assignee hereby indemnifies and holds Assignor harmless from and against any and all claims, expenses, costs, obligations, or other liabilities with respect to the Lease, arising out of or with respect to events occurring from and after the Effective Date. The foregoing indemnification obligation shall survive the delivery of this instrument. Page 1 of 3 5. Assignor hereby indemnifies and holds Assignee harmless from and against any and all claims, expenses, costs, obligations, or other liabilities with respect to the Lease, arising out of or with respect to events occurring prior to the Effective Date. The foregoing indemnification obligation shall survive the delivery of this instrument. 6. The undersigned Landlord hereby consents to the assignment of the Lease from Assignor to Assignee as set forth above, provided however, the Lease and all of its provisions shall continue in full force and effect as assigned and this consent shall not be deemed to waive Landlord's right to approve or consent to any future assignments. Landlord releases Assignor from any liability for the obligations of Tenant under the Lease arising from and after the Effective Date, provided, such release shall not release Assignor from any obligations to Landlord that accrued prior to the Effective Date. Nothing contained in the foregoing shall restrict, hinder or limit Landlord from utilizing any Security Deposit pursuant to the terms of the Lease. 7. Except as expressly set forth herein, nothing contained herein shall be deemed or construed to modify, waive, impair or affect any of the covenants, agreements, terms, provisions or conditions contained in the Lease. In addition, the acceptance of rents by Landlord from Assignee or anyone else liable under the Lease shall not be deemed a waiver by Landlord of any provision of the Lease, this Assignment, or Landlord's consent herein. 8. This Assignment may not be amended, modified or terminated except by an instrument in writing executed by the parties hereto. 9. This Assignment shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 10. This Assignment may be executed in counterparts, each of which shall constitute an original, and all of which taken together hall constitute one and the same instrument. [SIGNATURE PAGE FOLLOWS] Page 2 of 3 IN WITNESS WHEREOF, intending to be legally bound, the parties hereto have executed this Assignment as of the Effective Date. ASSIGNOR: New Creations Child Care and Learning Center, Inc., a Minnesota corporation By: Ryan Carlson, ASSIGNEE: NCCC, LLC, a Minnesota limited liability company By: Ryan D. Carlson, Manager LANDLORD: City of Lino Lakes, a Minnesota municipal corporation, and/or its assigns By: By: Rob Rafferty, Its Mayor Julie Bartell, Its City Clerk LEASE AGREEMENT Subject to and upon the Basic Lease Terms set forth below, and the other terms, provisions and conditions hereinafter set forth, and each in consideration of the duties, covenants and obligations of the other hereunder, Landlord does hereby lease to Tenant, and Tenant does hereby lease from Landlord, the Leased Premises described below, located in that building located at Building Address (the `Building"). BASIC LEASE TERMS Lease Effective Date: July 1, 2014 Landlord: City of Lino Lakes Legal Entity: A Minnesota municipal corporation Tenant: New Creations Child Care and Learning Center, LLC Legal Entity: Limited Liability Company (Domestic) Leased Premises: That portion of 620 Town Center Parkway, Lino Lakes, MN 55014, as more specifically described in Exhibit A Term: Commencing July 1, 2014 and terminating June 30, 2019. The period of July 1 to June 30 defined as "Lease Year." Commencement Date: July 1, 2014 Termination Date: June 30, 2019 Rent: As determined in accordance with Article 4 of the Lease Agreement Use: Child Care Center and related administrative purposes Parking: Tenant has the right to use parking spaces in the existing parking areas serving the Leased Premises. Landlord's Broker: Kevin Peck, KW Commercial Landlords Address for Notices: 600 Town Center Parkway, Lino Lakes, MN 55014 Tenant's Address for Notices: 620 Town Center Parkway, Lino Lakes, MN 55014 Additional Exhibits: Exhibit A — Leased Premises Exhibit B — Basic Operating Costs Exhibit C — Site Plan 1 ARTICLE 1. Leased Premises. Subject to and upon the terms, provisions and conditions hereinafter set forth, and each in consideration of the duties, covenants and obligations of the other hereunder, Landlord does hereby lease to Tenant, and Tenant does hereby lease from Landlord, the Leased Premises described herein, which Leased Premises are located in the building located at 620 Town Parkway, Lino Lakes MN 55014 (the "Building"). The Leased is more particularly depicted in the attached Exhibit A (hereinafter referred to as the "Leased Premises"). The Leased Premises consists of approximately 5,388 rentable square feet with expansion to 8,327 rentable square feet. Tenant has reviewed the calculation of the square feet of the Leased Premises and accepts the calculations for purposes of this Lease Agreement. Any inaccuracy of the square footage will not affect the amount of Gross Rent to be paid by Tenant. Tenant will also have use of the Outdoor Play Area. See Exhibit C for details. (a) Tenant Improvements by Landlord — None (b) Tenant assumes full responsibility for the condition and operation of the Leased Premises, and the Landlord shall have no liability in respect thereto, or for damage to the property of the Tenant or on account of condition or operation of the Leased Premises. Landlord will have the right to inspect the Leased Premises after completion of Tenant Improvements. Tenant accepts (and is deemed to have accepted upon occupancy) the Leased Premises on an "as is", "where is", and "with all faults" basis on the Commencement Date, without warranty or representation of any kind, including without limitation, any warranty or representation as to the merchantability or fitness for a particular purpose of any portion of the Leased Premises. Tenant further acknowledges that Landlord is under no obligation to make any alterations, decorations, additions or improvements in or to the Leased Premises or to provide any build -out or improvement allowance with respect thereto except as expressly set forth in this Lease. ARTICLE 2. Purpose and Use. (a) The Tenant represents that the Leased Premises shall be used by the Tenant only for the purpose of providing the usual childcare, teaching / tutoring center and related purposes in connection with the operation of a childcare center. The Leased Premises shall be used and occupied by Tenant so as not to contravene any present or future governmental or quasi - governmental laws in force or reasonable requirement of insurance carriers or the provisions of Article 9 hereof. ARTICLE 3. Lease Term. (a) Tenant takes the Leased Premises from Landlord, upon the terms and conditions herein contained, to have and to hold the same for the initial term of Sixty (60) months (hereinafter referred to as "Lease Term") commencing on the 1st day of July, 2014 and terminating on the 30th day of June, 2019 (the "Initial Term"). Tenant may have ("Early Access") to the Leased Premises at no additional cost to the Tenant upon Lease execution to preform improvements to the Leased Premises. All provisions of this Lease shall be applicable during Early Access. Any extension of the Term hereunder shall be on the same terms and conditions as are applicable to the Initial Term; provided the Base Rent payable monthly by Tenant to Landlord for the 2 Leased Premises for the Renewal Term shall be not less than the final Lease Term rents as stated in Article 4 below and as defined in the Basic Lease Terms above. ARTICLE 4. Rent. (a) Rent. Tenant shall pay to Landlord an annual rent equal to a base annual rent, as hereinafter defined ("Base Rent"), plus the "Basic Operating Costs" as defined in Exhibit B. The Base Rent together with the Basic Operating Costs shall collectively be referred to as the "Gross Rent." Landlord shall advise Tenant in writing prior to the commencement of the Lease Term and from time to time, as adjustments are made, in accordance with the terms of this Lease, to the Gross Rent payments then due. (b) Payment of Gross Rent. Tenant shall pay the annual Base Rent in monthly installments, equal to one -twelfth (1/12th) of the then applicable annual Base Rent. Each monthly installment of Base Rent shall be payable in advance without demand and without any reduction, abatement, counterclaim or offset, to Landlord on or before the first day of each month (or the next succeeding business day in the event the first day of such month is not a business day). Tenant shall pay to the Landlord Tenant's "Proportionate Share" of Basic Operating Costs, without any reduction, abatement, counterclaim or offset, within ten (10) days of receipt of the billing for such Basic Operating Costs from Landlord. The term "Proportionate Share" means a fraction, the numerator of which is the square footage of the Leased Premises and the denominator of which is the total square footage of the Building, or the percentage identified in Exhibit B for utility costs. As of the date of this Lease, the Proportionate Share is 19.5%. If any Gross Rent is not paid within ten (10) days of the due date, Tenant shall pay a late penalty of Five Hundred and No/100 Dollars ($500.00). (c) Base Rent. The annual Base Rent for the Leased Premises shall be: Months Sq. Ft. Annual Net Rent Per Sq. Ft. Total Net Rent Per Period Monthly Net Rent 1 to 3 5,388 $0.00 $0.00 $0.00 4 to 6 5,388 $5.94 $8,000.00 $2,666.67 7 to 9 6,362 $6.29 $10,000.00 $3,333.33 10 to 12 7,287 $7.68 $14,000.00 $4,666.67 13 to 24 8,327 $7.92 $70,040.00 $5,836.67 25 to 36 8,327 $8.15 $72,141.20 $6,011.77 37 to 48 8,327 $8.40 $74,305.44 $6,192.12 49 to 60 8,327 $8.65 $76,534.60 $6,377.88 3 (d) Basic Operating Costs. In addition to the foregoing Base Rent and amounts paid directly by Tenant, Tenant shall also reimburse Landlord for Tenant's Proportionate Share of the Basic Operating Costs as illustrated in Exhibit B. Landlord will provide Tenant billings for Tenant's Proportionate Share of Basic Operating Cost incurred by Landlord in the previous month or months. Tenant shall reimburse Landlord Tenant's Proportionate Share of the Basic Operating Costs within ten (10) days of receipt of the billings from Landlord. Landlord reserves the right to bill Tenant the cost of repair or replacement of any damage or injury resulting from Tenant's act or omission as set forth in Article 6(d), as such costs are incurred by Landlord. (e) Property Taxes. The parties agree and understand the Building is normally exempt from the payment of property taxes. However, Landlord makes no warranties or representations as to whether the Lease Premises are subject to property taxation because of the Lease, and Landlord has no obligation to take any action to seek exemption from property taxes for the Lease Premises. In the event any real estate taxes are assessed or charged by any government authority on or against the Leased Premises, tenant shall pay such property taxes as additional rent. Tenant shall also pay a Proportionate Share (as defined in paragraph (b) of this Section) of annual installments of special assessments now levied or hereafter pending or levied during the term of any Renewal Term of this Lease. Any real estate taxes payable in the year of termination of this Lease shall be paid in full for that entire year; but any installment of assessments as are assessed herein that are due and payable in the year of termination of this Lease shall be paid by Tenant for that portion of the Lease Year Tenant occupies the Leased Premises. Tenant shall have the right, in its or Landlord's name, or both, but at its own cost and expense to contest the validity of any taxes or assessments, by appropriate proceedings timely instituted, provided Tenant shall give Landlord written notice of its intention to do so, diligently prosecute any such contest, at any time, effectively stay or prevent any official or judicial sale of the Leased Premises under execution or otherwise satisfy any final judgment enforcing any tax or assessment so contested, and promptly procures record satisfaction thereof. Landlord shall, upon request of Tenant, cooperate fully with Tenant in any such proceedings, provided, however, Landlord shall not be liable for any expense in connection therewith and that Tenant shall indemnify Landlord against the same and all losses that may result therefrom. (f) Other Amounts Payable Directly by Tenant. It is the intention of the parties that Tenant shall be responsible for all costs associated with the operation of the Leased Premises as set forth herein. In addition to the costs payable by Tenant as set forth above, Tenant shall be responsible for paying the following: (1) Telecommunications. Tenant shall pay directly to the provider all costs and expenses of telephone and telecommunication services and all other services, Tenant contracts for in its own name. (2) Insurance Expense. Tenant shall pay all costs of obtaining and carrying the insurance for which Tenant is obligated to maintain pursuant to Article 8. 4 (3) Cleaning Expense. Tenant shall pay all costs of regularly cleaning the Leased Premises ARTICLE 5. Alterations. Tenant shall not, without the prior written consent of Landlord, make alterations, improvements or additions to the Leased Premises ("Tenant Alterations"). Any Tenant Alteration approved by Landlord shall be conditioned upon the following : (i) that Tenant furnishes Landlord a copy of the plans and specifications for the improvements; (ii) such alterations, improvements or additions are made in accordance with the required local ordinances and public authorities having jurisdiction thereof; (iii) that the value of the property shall not be diminished thereby; (iv) that the Tenant shall bear the cost of the same; and (v) that Tenant shall not allow mechanic's liens to exist. Any and all such alterations, physical additions or improvements, when made to the Leased Premises by Tenant, shall remain the property of the Tenant so long as this Lease is in force and effect, but shall be surrendered to the Landlord upon the termination of this Lease Agreement by lapse of time or otherwise; provided, however, that this clause shall not apply to equipment, furniture, or trade fixtures installed by Tenant. Provided further, upon termination, that Landlord, in Landlord's sole discretion, may, if Landlord notifies Tenant in writing at the time of approval of Tenant's Alterations, require Tenant to remove any Tenant Alterations and restore the Leased Premises to the condition of the Leased Premises at the commencement of the Lease Term of this Lease under Article 3, and pay all costs and expenses and reimburse Landlord for any damages caused by the installation or removal of any of Tenant Alterations. Any and all equipment, furniture, or trade fixtures installed by Tenant shall be and remain the property of the Tenant, and the Tenant may at any time remove any and all equipment, furniture, and trade fixtures installed by it on the Leased Premises, provided Tenant pays all costs and expenses of such removal, Tenant reimburses Landlord for any damages caused by the installation or removal of any of Tenant's equipment and restores the Leased Premises to the condition it was in prior to Tenant's installation of such equipment, furniture and trade fixtures. ARTICLE 6. Obligations of Landlord. Landlord covenants and agrees with Tenant: (a) Landlord shall keep the structural parts of the Building (e.g., foundation, load -bearing walls, exterior walls , subfloor and roof, and building mechanical systems, fire sprinkler system, fire safety system , heating and cooling systems, including the boiler, in working order. Landlord shall keep and maintain the Building and make necessary repairs and replacements to keep the Building in its current or better condition and to keep the Leased Premises in tenantable condition, subject to normal wear and tear. (b) Subject to Article 4(f) above, Landlord shall provide the following utilities to the Leased Premises: electricity, water, sewer, heat and gas. Landlord is not liable to Tenant for any interruption in utility services, unless caused by Landlord's negligence or intentional acts. (c) Landlord shall remove snow in areas, common or otherwise, serving the Leased Premises. Snow from walkways, steps and/or doorway areas is to be removed on weekdays. 5 (d) Landlord shall repair or replace any damage or injury to the Leased Premises, Building or sidewalks and parking areas serving Landlord's property caused by any act or omission of Tenant, its children, students, agents, employees or invitees. Such repair or replacement shall be at Tenant's sole cost and expense. (e) Landlord shall furnish Tenant with keys, at Tenant's sole expense, for any exterior door entering the Leased Premises. All such keys shall remain the property of Landlord. No additional locks shall be allowed on any door of the Leased Premises without advance permission of Landlord and without providing Landlord with duplicate keys. Upon termination of this Lease, Tenant shall surrender to Landlord all keys to the Leased Premises. ARTICLE 7. Obligations of Tenant. Tenant covenants and agrees with Landlord: (a) Tenant, at its own cost and expense, shall make all repairs and replacements to any alterations, improvements and fixtures owned by Tenant. (b) Tenant shall obtain all necessary permits and licensing for any Tenant Alterations, if any, pursuant to Article 5 and for the operation of its childcare center. (c) Tenant shall comply with all lawful government rules, regulations, ordinances, statutes and laws now or hereafter in effect pertaining to the Tenant's use hereof. Tenant shall be responsible, at Tenant's sole expense, for any structural or nonstructural alteration, addition, or change to the Leased Premises required to comply with laws, regulations, ordinances, or orders of any public agencies, whether now existing or hereafter promulgated, where such alterations, additions, or changes are required by reason of: Tenant's or Tenant's agents' acts; Tenant's use or change of use of the Leased Premises; Tenant's Alterations; Tenant's application for any permit or governmental approval. Tenant further agrees to comply with all the rules and regulations of the National Fire Protective Association, and any similar bodies relating to Tenant's use, and will not do, suffer, make to be done in, upon, or about the Leased Premises any act which might increase any insurance rate with respect to the Leased Premises in excess of the insurance rate existing as of the commencement date. (d) Tenant shall give Landlord access to the Leased Premises, upon twenty-four (24) hours advance notice from Landlord, during Tenant's "Normal Business Hours," without charge or diminution of rent, to enable Landlord to examine the same, to show the same to prospective tenants and to make such repairs, additions and alterations, as Landlord may deem advisable. For purposes of this Lease, the term "normal business hours" means Monday through Friday 5:00 A.M. to 8:00 P.M. (e) Subject to Landlord's obligations set forth in Article 6, Tenant shall keep the Leased Premises in good order and condition, and shall commit no waste upon the Leased Premises. (f) Tenant shall not permit any waste or refuse to be stored on the Leased Premises except in dumpsters or waste removal containers for a reasonable period of time pending removal to a disposal site. 6 (g) Tenant shall, upon expiration or termination of this Lease in any manner whatsoever, remove Tenant's goods and effects and those of any other person claiming a right of possession through or under Tenant, and quit and deliver up the Leased Premises to Landlord peaceably and quietly in as good order and condition as the same existed upon Tenant's occupancy of the Leased Premises, reasonable use and wear thereof and repairs which are Landlord's obligation excepted. Goods and effects not removed by Tenant at the expiration or termination of this Lease, however terminated, shall be considered abandoned, and Landlord may dispose of the same, as it deems expedient, at Tenant's expense. (h) Tenant shall not either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest therein, or suffer any other person (employees, agents, and invitees of Tenant excepted) to occupy or use the Leased Premises or any portion thereof, without the prior written consent of Landlord. Consent by Landlord to one assignment, subletting, occupation or use by any other person shall not be deemed to be consent to any subsequent assignment, subletting, occupation or use by another person. Any such assignment or subletting, without such consent shall be void, and shall, at the option of Landlord, constitutes a default under this Lease. (i) Tenant shall not overload, damage or deface the Leased Premises or do any act which may exceed the capacities of the floors, equipment or systems of the Leased Premises or the Building or make void or voidable any insurance on the Leased Premises or the Building or which may render an increased or extra premium payable for insurance. (j) Tenant shall keep the Leased Premises and the Building free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant. Tenant will indemnify Landlord for anything arising out of Tenant's work on the property including attorney's fees and costs. This indemnification shall survive the termination and cancellation of this Lease. (k) Failure of Landlord to insist, in any one or more instances, upon strict performance of any term, covenant or condition of this Lease, or to exercise any option herein, shall not be a waiver or relinquishment of such for the future. The receipt by Landlord of rents with knowledge of Tenant's breach in any of the terms, covenants or conditions of this Lease shall not be deemed to have waived any provision of this Lease unless in writing signed by Landlord. (1) If any default in this Lease of Tenant can be cured by the expenditure of money, Landlord may, but without obligation, and without limiting any other remedies which it may have be reason of such default, cure the default after thirty (30) days written notice to Tenant, charge the cost to Tenant and Tenant shall pay the same forthwith. Any amounts paid by Landlord to cure default of Tenant shall, for purposes of Landlord's remedies, be construed as additional rent due. (m) Tenant shall promptly pay to the Landlord Tenant's Proportionate Share of the Basic Operating Costs pursuant to Exhibit B. 7 ARTICLE 8. Insurance. (a) Tenant shall purchase, in advance, and shall maintain with insurers of recognized responsibility licensed to do business in the State of Minnesota: (1) Liability insurance covering all acts of Tenant, its employees, agents, representatives and guests within the Leased Premises in a single limit amount of not less than $2,000,000.00. (2) Property damage liability insurance covering leasehold improvements installed by Tenant, Tenant's fixtures and equipment. (b) The amount of liability insurance may be adjusted by Landlord upon sixty (60) days written notice, to reasonably reflect the current standards of the underwriting and insurance industry relative to Minnesota childcare centers. (c) All such insurance maintained by Tenant shall, with respect to liability but not with respect to property damage, name Landlord as an additional insured, and shall require the insurer to endeavor to provide not less than thirty (30) days written notice of cancellation to Landlord and Tenant by the insurer. Certificates of all such insurance shall be delivered to Landlord prior to occupancy of the Leased Premises by Tenant and at least thirty (30) days prior to the termination date of any existing policy. ARTICLE 9. Casualty Loss. In the event of any damage or destruction to the Leased Premises by fire or other cause during the term hereof, the following provisions shall apply: (a) If the Leased Premises are damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by Landlord, will equal or exceed thirty percent (30%) of the replacement value of the Building (exclusive of foundations) just prior to the occurrence of the damage, then Landlord may, no later than the sixtieth (60th) day following the damage, give written notice of election to terminate the Lease. (b) If the cost of restoration as reasonably estimated by Landlord shall amount to less than thirty percent (30%) of said replacement value of the Building, or if, despite the cost, Landlord does not elect to terminate this Lease, Landlord shall, at Landlord's sole cost and expense, regardless of the receipt by Landlord of insurance proceeds, restore the Building and the Leased Premises within 180 days of such damage or destruction, subject to delays beyond Landlord's control, and Tenant shall have no right to terminate this Lease except as herein provided. Landlord has no obligation to restore under this paragraph if damage to the Building does not affect the Leased Premises, and the Leased Premises remain in full working order (including heat and water services). Landlord shall not be responsible for restoring or repairing leasehold improvements of the Tenant. During the period that the Leased Premises is untenable, in whole or in part, as a result of a casualty loss, Rent shall abate in whole, or, if Tenant is able to occupy a portion of the Leased Premises without unreasonable business interruption, in part. Any partial abatement of Rent shall be based upon the amount of square footage occupied by Tenant, at any given time during the period of casualty loss, 8 as to the entire square footage of the Leased Premises. The period of abatement shall be from the date of the casualty loss to the date the entire amount of square footage occupied by Tenant becomes tenantable. (c) In the event of the election to terminate, this Lease shall be deemed to terminate on the date of the receipt of the notice of election and all Rent shall be paid up to the date of casualty. Tenant shall have no claim against Landlord for the value of any unexpired term of this Lease. (d) In the event this Lease is not terminated in accordance with Article 9, paragraph (a), above, all insurance proceeds (except for Tenant's insurance covering Tenant's leasehold improvements, personal property and trade fixtures and business continuation coverage) shall be assigned to Landlord to cover the cost of repair or to compensate Landlord for its loss. ARTICLE 10. Signs. Tenant must receive Landlord's permission for the design, location and wording for the erection of any exterior signage and the Tenant shall be solely responsible for the maintenance of any signage approved and installed. All signs must comply with any and all governmental regulations. The foregoing restriction does not apply to materials or signs placed on interior walls within the Leased Premises that (a) are used to designate rooms and or office locations, or (b) relate to the educational function of Tenant's childcare center operation, or to temporary banners or placards used by Tenant in connection with special childcare center activities. Tenant is responsible for all costs associated with manufacture, installation and removal of all signage related to their childcare center. Removal includes all necessary repairs to building walls and infrastructure so as to have as minimal structural and aesthetic impact as possible. ARTICLE 11. Security. Tenant is solely responsible for the security and safety of its faculty, children, students, guests and invitees. Tenant may make alterations to the Leased Premises as it may from time to time require for security and safety purposes, provided that Tenant is solely responsible for all costs thereof and such alterations are completed in accordance with Article 5 including the receipt of Landlord's prior written consent. Any alterations made or policies instituted herein by Tenant shall not unreasonably interfere with Landlord's reserved uses of the Leased Premises (including common areas). ARTICLE 12. Liability/Indemnification. Tenant agrees that Landlord and its officers and employees shall not be liable to Tenant for any damage to or loss of personal property in the Leased Premises unless such damage or loss is the result of the Landlord's breach of this Lease or the negligence, gross negligence or willful misconduct of Landlord or its officers, agent, employees, contractors or subcontractors. Notwithstanding anything to the contrary, the Tenant accepts the Leased Premises "as is", with all faults and the failure of the Leased Premises to currently comply with any safety, building or fire code, including, but limited to, the Americans with Disabilities Act shall not constitute negligence or willful misconduct of Landlord or its officers, agents, employees, contractors or subcontractors. Tenant also agrees that Landlord shall not be liable to Tenant, those claiming through or under Tenant, or any third party, for any injury, death or property damage occurring in, on or about the 9 Leased Premises, parking areas, surrounding grounds or areas providing access to the Leased Premises, parking areas or surrounding grounds; and Tenant shall indemnify Landlord against, and hold Landlord harmless from liability, claims, demands, damages, attorney fees, court costs and disbursements (including attorney fees, court costs and disbursements resulting from enforcement of this indemnity) thereof, arising out of any injury, death or property damage occurring in, on or about the Leased Premises, parking areas, surrounding grounds, or areas providing access to the parking areas, the Leased Premises or surrounding grounds, except to the extent caused by the negligence, gross negligence or willful misconduct of Landlord or its officers, agents, employees, contractors or subcontractors. ARTICLE 13. Default. (a) Landlord Default. If Landlord should be in default in the performance of any of its obligations under this Lease, which default continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such default (or such shorter period of time as reasonably required by an emergency or otherwise set forth in this Lease), or if such default is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and has not diligently pursued such efforts to a complete cure), Tenant may after second 10 day written notice incur any reasonable and necessary expense to perform the obligation of Landlord specified in such notice to Landlord and Landlord shall reimburse Tenant for such expenses on demand. (b) Tenant Default. If default shall be made in the payment of any sum to be paid by Tenant under this Lease Agreement, and such default shall continue ten (10) days after written notice from Landlord to Tenant of such default, or default shall be made in the performance of any of the other non -monetary covenants or conditions which Tenant is required to observe and to perform, and such default shall continue for thirty (30) days after written notice from Landlord to Tenant of such default, or if such default is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Tenant has not undertaken procedures to cure the default within such thirty (30) day period and has not diligently pursued such efforts to a complete cure), or if the interest of Tenant under this Lease Agreement shall be levied on under execution or other legal process, or if any petition shall be filed by or against Tenant to declare Tenant as bankrupt or to delay, reduce or modify Tenant's debts or obligations, or if any petition shall be filed or other action taken to reorganize or modify Tenant's capital structure if Tenant is a corporation or other entity, or if Tenant be declared insolvent according to law, or if any assignment of Tenant's property shall be made for the benefit of creditors, or if a receiver or trustee is appointed for Tenant or its property, then Landlord may treat the occurrence of any one or more of the foregoing events as a breach of this Lease Agreement (provided that no such levy, execution, legal process or petition filed against Tenant shall constitute a breach of this Lease Agreement if Tenant shall vigorously contest the same by appropriate proceedings and shall remove or vacate the same within sixty (60) days from the date of its creation, service or filing), and thereupon, at Landlord's option, Landlord may have any one or more of the following described remedies in addition to any other rights and remedies provided at law or in equity: (1) Landlord may terminate this Lease Agreement and forthwith repossess the Leased Premises and remove all persons or property therefrom using appropriate legal process, and be entitled to recover forthwith as damages a sum of money equal to the total of (i) the cost 10 of recovering the Leased Premises including reasonable attorney fees, (ii) the unpaid rent owed at the time of termination, plus interest thereon from due date at the lesser of (a) the maximum rate permitted by applicable law or (b) 10%, (iii) the balance of the rent for the remainder of the Term less the Rent the Landlord can reasonably expect to recover by rental of the Leased Premises for said period reduced to present value at a rate of 5%, and (iv) any other sum of money and damages owed by Tenant to Landlord; or (2) Landlord may terminate Tenant's right of possession (but not the Lease Agreement) and may repossess the Leased Premises using appropriate legal process and without terminating this Lease Agreement, in which event Landlord may, but shall be under no obligation to do so, relet the same for the account of Tenant for such rent and upon such terms as shall be satisfactory to Landlord. For the purpose of such reletting Landlord is authorized to make any reasonable repairs to the Leased Premises that may be reasonably necessary for purposes of reletting; and (i) if Landlord shall fail or refuse to relet the Leased Premises, or (ii) if the same are relet and a sufficient sum shall not be realized from such reletting after paying the unpaid Gross Rental due hereunder earned but unpaid at the time of reletting plus interest thereon at the lesser of (a) the maximum rate permitted by applicable law or (b) 10%, plus the cost of recovering possession including reasonable attorney fees, and all of the costs and expenses of such repairs and the expense of such reletting and of the collection provided for in this Lease Agreement to be paid; then Tenant shall pay to Landlord as damages a sum equal to the amount of the rental reserved in this Lease Agreement for such period or periods, or if the Leased Premises have been relet, Tenant shall satisfy and pay any such deficiency upon demand therefor from time to time and Tenant agrees that Landlord may file suit to recover any sums falling due under the terms of this Article 13, paragraph (b)(2) from time to time on one or more occasions without Landlord being obligated to wait until expiration of the term of this Lease Agreement. Such reletting shall not be construed as an election on the part of Landlord to terminate this Lease Agreement unless a written notice of such intention is given to Tenant by Landlord. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease Agreement for such previous breach. ARTICLE 14. Holding Over. Should Tenant continue to occupy the Leased Premises after termination of its right to occupy the Leased Premises by lapse of time or otherwise, the monthly rent in such month -to -month tenancy shall be two hundred percent (200%) times the amount of the monthly rent payable during the preceding year of the Lease Term. ARTICLE 15. Assignment/Attornment and Novation. (a) Landlord shall have the right to transfer and assign, in whole or in part, all of its rights and obligations hereunder in the Leased Premises and the property referred to herein upon the condition that in such event this Lease shall remain in full force and effect, subject to the performance by Tenant of all of the terms, covenants, and conditions on its part to be performed, and upon the further condition that such assignee or transferee, agrees to be bound to perform all the terms, covenants, and conditions pursuant to this Lease. Upon any such assignment, or transfer, or if the Leased Premises comes into custody or possession of a mortgagee or any other party whether because of mortgage foreclosure, or otherwise, subject to the rights of Tenant under this Lease, 11 Tenant shall attorn to such assignee or other party and recognize such party as Landlord hereunder. Tenant shall execute, on demand, any reasonable attornment agreement required by any such party to be executed, containing such provisions and such other provisions as such party may require to the extent the same are consistent with this Lease. If Landlord, or any subsequent owner, sells the Leased Premises, its liability for the performance of its agreements in this Lease (excepting indemnifications obligations that survive the termination of this Lease) will end on the date of the sale of the Premises, and Tenant will look solely to the purchaser for the performance of those agreements. For the purposes of this Article, any holder of a mortgage or deed of trust that affects the Leased Premises at any time, and any landlord in any lease to which this Lease is subordinate at any time, will be a subsequent owner of the Leased Premises when it succeeds the interest of the Landlord or any subsequent owner of the Leased Premises. (b) Without the prior written consent of Landlord, which consent may be withheld at Landlord's sole discretion, Tenant shall not have the right to transfer, assign sublet or mortgage its leasehold interest, in whole or in part, its rights and obligations in the Leased Premises and the property referred to herein. If Landlord does consent in writing to such a transfer, assignment or sublease, it shall be on the condition that this Lease shall remain in full force and effect, subject to the performance of all terms, covenants and conditions and upon further condition that such assignee or transferee agrees to be bound to perform all the terms, covenants and conditions pursuant to this Lease. The use limitations set forth in Article 2 of this lease shall apply to any assignee, subtenant or transferee as well as to Tenant. Regardless of Landlord's consent, no subletting or assignment shall release Tenant of Tenant's obligation to pay the Rent and perform all other obligations to be performed by Tenant hereunder for the term of this Lease. The acceptance of rent by Landlord from any other person shall not be deemed to be a waiver of Landlord of any provision hereof or any right hereunder. Without the consent of the Landlord, any sublessee or assignee does not receive any interest in the Lease by virtue of a transfer from Tenant. ARTICLE 16. Hazardous Substances. (a) Tenant shall not store or use on the Leased Premises any toxic or hazardous substance including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls and any hazardous substance as defined in the Comprehensive and Environmental Resource Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §9601- 9657, as amended ("Hazardous Substances"). Notwithstanding the foregoing, Tenant may lawfully use and store such substances traditionally used in the curriculum of Tenant, provided such use and storage is in compliance with all laws, regulations and ordinances governing such use, storage and disposal. Tenant will be responsible for following precautions of other reasonable educators relating to the use of such materials including obtaining increased insurance coverage and safety training of its staff. If Tenant does store or use any Hazardous Substances as allowed herein, Tenant must provide 15 days prior written notice to Landlord of the types and amounts of such substances expected to be in use in the Leased Premises. Tenant shall not conduct any activity which would cause the Leased Premises to become a hazardous waste treatment, storage or disposal facility within the meaning of or otherwise bring the Leased Premises within the ambit of the Resource Conservation Recovery Act of 1976 ("RCRA"), 42 U.S.C. §6901 et. seq., as amended, or a similar state law or local ordinance or any other environmental law. Tenant shall not discharge into the air or into any water source or system any emissions which would require a permit under 12 the Federal Water Pollution Control Act, 33 U.S.C. §1251 et. seq., or the Clean Air Act, 42 U.S.C. §7401 et. seq. or any similar state law or local ordinance or any other environmental law. (b) Tenant represents and warrants that any use or storage of Hazardous Substances at the Leased Premises by Tenant or Tenant's Parties (defined below) will be in full compliance with applicable law, and any disposal of such waste or of pollutants or contaminates shall be in full compliance with applicable law and at Tenant's expense. (c) Tenant agrees to indemnify, defend (with counsel reasonably acceptable to Landlord and at Tenant's sole cost), and hold Landlord and Landlord's affiliates, directors, officers, employees, and agents, and any assignees or successors to Landlord's interest in the Leased Premises, their directors, officers, employees, and agents, free and harmless from and against all losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, costs, judgments, suits, proceedings, damages (including consequential damages), disbursements, or expenses of any kind (including attorneys' and experts' fees and expenses and fees and expenses incurred in investigating, defending, or prosecuting any litigation, claim, or proceeding) that may at any time be imposed upon, incurred by, or asserted or awarded against Landlord or any of them in connection with or arising from or out of: (1) any Hazardous Substance on, in, under, or affecting all or any portion of the Leased Premises that was used, generated, stored, released, or disposed on, under or in the Leased Premises by Tenant or Tenant's employees, agents, contractors, directors, officers, children, students, guests, contractors or invitees (each a "Tenant Party" and collectively, "Tenant's Parties"); (2) any misrepresentation by Tenant, or breach by Tenant of any warranty, covenant, or agreement contained or referred to in this Article; (3) any violation or claim of violation by Tenant of any Environmental Law; or (4) the imposition of any lien for the recovery of any costs for environmental cleanup or other response costs relating to the release or threatened release of Hazardous Substance by any Tenant Party. This indemnification is the personal obligation of Tenant and will survive termination of this Lease. Except as provided herein, Tenant, its successors, and assigns waive, release, and agree not to make any claim or bring any cost recovery action against Landlord under CERCLA, as that term is defined in subparagraph (b), or any state equivalent or any similar law now existing or enacted after this date. To the extent that Landlord is strictly liable under any such law, regulation, ordinance, or requirement, Tenant's obligation to Landlord under this indemnity will likewise be without regard to fault on the part of Tenant with respect to the violation or condition that results in liability to Landlord. Tenant will immediately notify landlord about Hazardous Substances it learns are placed, located or spilled on the Leased Premises. ARTICLE 17. Covenant of Quiet Enjoyment. (a) Subject to Landlord's right of entry pursuant to this Lease Agreement, Landlord covenants that, as of the date of the execution of this Lease Agreement, Landlord shall take all necessary steps 13 to ensure that Tenant has and enjoys exclusive quiet enjoyment of the use and occupancy of the Leased Premises during Tenant's Normal Business Hours, and that no ground lease, mortgage, lease or encumbrance affecting the Leased Premises is in default and that no person, corporation, partnership or other entity has a right to foreclose upon or otherwise succeed to all or any part of the title of Landlord to the Leased Premises. (b) Landlord covenants and agrees that it has full right and power to execute and perform this Lease Agreement and to grant the estate demised herein; and that Tenant, on paying Rent herein reserved and performing the covenants hereof, shall peaceably and quietly have, hold and enjoy the Leased Premises and all appurtenances during the full term of this Lease Agreement and any extension or renewal thereof, subject to the joint usage of Landlord as agreed herein. (c) Landlord has marketable title to the entire Leased Premises, has the full right to enter into this Agreement and perform hereunder and has not entered into any other option or other commitment to sell, lease or encumber all or any part of the Leased Premises. (d) The Leased Premises are connected to city water, sanitary sewer, gas, electricity and other utility services. ARTICLE 18. Corporate Authority. The person executing this Lease on behalf of Tenant does hereby covenant and warrant that Tenant is a duly authorized and existing non-profit corporation and is qualified to do business in the State of Minnesota and that the corporation has full right and authority to enter into this Lease and that each and every person signing on behalf of the corporation is authorized to do so. ARTICLE 19. Notice. All notices or requests under this Lease shall be in writing and given by certified mail or personal delivery. Notice to Landlord shall be addressed to the person and to the address at which rent has last been paid or any subsequent address with Landlord may designate from time to time in writing. Notice to Tenant shall be addressed to the address of the Leased Premises or to any subsequent address, which Tenant may designate to Landlord from time to time in writing. Properly addressed notices or letters sent by certified mail shall be deemed given and served two (2) business days after they have been deposited with the US Postal Service or any common carrier services or other reasonable entity that provides a signed receipt of delivery. Personal service shall be deemed complete upon delivery. ARTICLE 20. Waiver. No waiver of a breach of any covenants in this Lease shall be construed to be a waiver of any succeeding breach of such covenant. Any partial payment by Tenant of rent in arrears which is accepted by Landlord prior to an issuance of an order granting restitution or possession of the Leased Premises may be applied to the balance due from Tenant under this Lease Agreement, and shall not constitute a waiver of Landlord's action to recover possession of the Leased Premises for nonpayment of rent. 14 ARTICLE 21. Amendment Or Modifications. No modification, release, discharge, amendment or waiver of any provisions hereof shall be of any force, effect or value, unless in writing signed by the Landlord, Tenant and Lender or their duly authorized agents or attorneys. ARTICLE 22. Complete Agreement. There are no oral agreements between Landlord and Tenant affecting this Lease, and this Lease supersedes and cancels any and all previous negotiations, agreements and understandings between Landlord and Tenant with respect to the subject matter of this Lease or the Leased Premises. ARTICLE 23. Force Majeure. In the event that the Landlord or Tenant shall be delayed, hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, restrictive government laws or regulations, riots, insurrections; the action, failure to act, or default of the other party; war or other reason beyond their control, then performance of such act shall be excused for the period of the delay, and the period for performance of any such act shall be extended for a period equivalent to the period of such delay. This paragraph shall not apply to the non-payment of rent unless such non-payment is caused by the act, failure to act, or default of Landlord. ARTICLE 24. Miscellaneous. (a) The specific remedies to which Landlord or Tenant may resort under the terms of this Lease are cumulative and are not intended to be exclusive of any other remedies or means in regard to which they may be lawfully entitled in case of any breach or threatened breach by any of them of any provisions of this Lease Agreement. (b) Except as otherwise provided herein, the covenants and agreements herein contained shall bind and inure to the benefit of Landlord, its successors and assigns, and Tenant and its successors and assigns. (c) Each covenant, agreement or stipulation by a party hereto shall be performed at such party's own cost and expense, and without cost or expense to the other party. (d) If any term or provision of this Lease Agreement or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Lease Agreement, or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term or provision of this Lease shall be valid and enforced to the fullest extent permitted by law. (e) The heading or captions of Article or paragraphs in this Lease Agreement are for convenience and reference only and in no way define, limit or describe the scope or intent of this Lease Agreement or the provisions of such Article or paragraph. (f) Interpretation of this Lease Agreement shall be governed by the laws of the State of Minnesota. 15 (g) This Lease Agreement may be executed in any number of original counterparts, all of which evidence only one agreement, binding on all parties, even though all parties are not signatory to the same counterpart. Facsimile signatures transmitted via the internet or facsimile may be used in place of original signatures for this Agreement and related documents. ARTICLE 25. Security Deposit and Security Interest Tenant shall provide a security deposit in the amount of $2,500.00 to be paid to Landlord on lease execution. The deposit shall be held by Landlord as security for the faithful and timely performance by Tenant of all the terms, covenants, and conditions of this Lease to be kept and performed by Tenant hereunder. Said security deposit shall not be considered an advance payment of any amount to be paid hereunder or a measure of Landlord's damages in case of default by Tenant. If Tenant defaults with respect to any provision relating to any payment by Tenant, the Landlord may (but shall not be required) use, apply or retain all or any part of this security deposit for the payment of any such sum in default, or for the payment of any amount which the Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate the Landlord for what it may spend or become obligated to spend by reason of Tenant's default under this Lease. Tenant shall receive no interest on said security deposit and the Landlord may commingle the same with other monies of the Landlord. If Tenant shall have substantially and faithfully complied with the provisions of this Lease, the security deposit shall be returned to Tenant sixty (60) days after termination of this Lease and vacation by Tenant of the Leased Premises. As additional security and inducement to Landlord to enter into this Lease, Tenant, in order to secure the payment of the amounts due to Landlord under this Lease, including all amendments, extensions, renewals and replacements thereof, now or at any time owed to Landlord, including but not limited to all payment of Gross Rent, Basic Operating Costs, and all other charges, fees, expenses and amounts, whether now existing or hereafter arising, direct or indirect, due or to become due, absolute or contingent, primary or secondary, liquidated or unliquidated, independent, joint, several or joint and several (the "Obligations"), hereby grants to Landlord a lien and security interest in Tenant's Property to secure the performance of Tenant's obligations under this Agreement. For this Lease Tenant's Property will include furnishings, trade fixtures, equipment, machinery, or other property placed upon the Leased Premises. Tenant agrees to execute a financing statement evidencing such lien and security interest. Upon Tenant's default of any obligation stated in this Agreement, Landlord, as secured party, shall be entitled to all of the rights and remedies of a secured party under the Minnesota Uniform Commercial Code. ARTICLE 26. Brokerage Commissions. With the exception of Kevin Peck of KW Commercial, Landlord's agent, and Jeffery Wilwerding of KW Commercial, Tenant's Broker, each of the parties represents and warrants that there are no claims for brokerage commission or finder's fees in connection with the execution of this Lease, and agrees to indemnify the other against, and hold it harmless from, all liabilities, arising from any such claim including, without limitation, reasonable attorney's fees. Landlord agrees to pay a commission to KW Commercial consistent with the listing agreement executed by the Landlord and KW Commercial. 16 Millennium Associates Plus LLC ("KW Commercial Midwest") has an exclusive contract with The City of Lino Lakes ("T and1ord") for the leasing of the Building Kevin Peck ("Listing Agent") is the Listing Agent acting on behalf of the Landlord for the leasing of the Building. KW Commercial Midwest has also been engaged by New Creations Child Care Center ("Tenant") to act as its exclusive leasing agent in seeking and negotiating lease arrangements for premises in the metro area., including the Building. Jeffery Wilwerding CTenant' s Agent") is representing Tenant in connection with its search for such premises. Since Listing Agent and Tenant's Agent both work for KW Commercial Midwest, a. dual agency exists. This means that KW Commercial Midwest andall its agents owe a fiduciary duty to both Landlord and Tenant. Because Landlord and Tenant may have conflicting interests, KW Commercial Midwest and its a.gents (including Landlord's Agent and Tenant's Agent) are prohibited from advocating exclusively for either party without those parties' consent. Therefore, KW Commercial Midwest cannot represent both Landlord and Tenant with respect to the Building unless both Landlord and Tenant agree to this dual agency. With this Lease, each of Tenant and Landlord ratify and confirm the oral consents previously given regarding the dual agency arrangement as discussed herein. IN WITNESS S WHEREOF, KREOF, the parties hereto have caused the execution of this Lease Agreement, to be effective the date set forth above. Landlord: City of Lino Lakes: By: 17 Tenant: New Creations Child Care and Learning Center, LI±C : I B r Sibling Care Room I Men) Rai r00111 Women Workroom -r- $reukroom Room 10 r EXHIBIT A Leased Premises r Quiet Room Rem 8 Conference Roam Room 9 = Months 1 - 60 -5,388 SF Months 7 - 60 - 6,362 SF = Months 10 - 60 - 7,287 SF = Months 13 - 60 - 8,327 SF Room 3 Room 7 Kgy --► Primary Exit 18 Room 4 forage for City f Lino Lakes Early Childhood Center Institute far iinviranmenial Assessment Brooklyn Pork, MN 55428 EXHIBIT B Basic Operating Costs Estimated based on Dec. 2010 thru Nov. 2011 Annual Maintenance Costs: *$4,964 Included: Daily systems Checks*: 15 min/day x248 days/year x$32.48 $2,014 Air Filters (actual cost; no labor is charged) $750 Condenser Unit #4: Spring startup and midseason maintenance $600 Clean condenser unit 2x/year $100 Repairs (average is $2,400/year) $1,500 Insurance $1,408 Check/repair emergency lights 2x/year $200 Annual roof inspection and caulking $200 Snow plowing and lawn maintenance $1,000 Total $7,772 *Includes system programming, monitoring, adjustments and troubleshooting Utility Bills Connexus : 19.5% of total monthly bill $6,435 Xcel Energy: 19.5% of total monthly bill $12,042 Water & Sewer: 39% of Monthly Bill $2,335 Garbage: $1,061 Total $21,873 Utility and Maintenance Cost $29,645 9,938.00 SF 9,938 Estimated PSF $2.98 19 Exhibit C Site Plan Tenant will have access to the Outdoor Play Area Approx. 40ft X 40ft. Ex . SAN. LINE, IFY LOCATION 0 INVERT BOLLARDS SPACED ® 5.-0' O.C. WITH CENTER LINE 12" FROM WALL SEE 2/A203, 3%A204 AND 4/A4OS FOR ADDITIONAL O. (TOTAL OF RECYCLI AEE AL POLICE STATION F.F.E`0904.5 = 100.-0" G[-[i1[r-t>�. LEASED IFY . WALOPREMISES TRANSFORMER, SEE ELEG. VFR1iYI.00pTI 6. y_pov 4 EO. SPACES STAFF PARKING (5 CARS) BOLLARDS, TOTAL OF (2) T r02 sris Outdoor play Area 02520.A (1/ fFT SLOPE AWAY FROM BLOC.) 20 02831 LEASE AMENDMENT #1 DATED: January // 2015 WHEREAS, City of Lino Lakes, A Minnesota municipal corporation , ("LANDLORD") and New Creations Child Care and Learning Center, LLC. Limited Liability Company (Domestic) ("TENANT") entered into a Lease Agreement dated July 1 2014 ('LEASE") for the property located at 620 Town Center Parkway, Lino Lakes, MN 55014 (' PREMISES), and WHEREAS, LANDLORD and'1'hNANT agree to amend the LEASE as follows: 1. The Lease is hereby amended by deleting Article 4, subsection (b) and replacing them with the following (a) Payment of Gross Rent Tenant shall pay the annual Base Rent in monthly installments, equal to one -twelfth (1/12th) of the then applicable annual Base Rent. Each monthly installment of Base Rent shall be payable in advance without demand and without any reduction, abatement, coun- terclaim or offset, to Landlord on or before the first day of each month (or the next succeeding busi- ness day in the event the first day of such month is not a business day) Tenant shall pay to the Landlord Tenant's "Proportionate Share" of Basic Operating Costs without any reduction, abatement, counterclaim or offset, within ten (10) days of receipt of the billing for such Basic Oper- ating Costs from Landlord. The term "Proportionate Share" means a fraction, the numerator of which is the square footage of the Leased Premises and the denominator of which is the total square footage of the Building, or the percentage identified in Exhibit B for utility costs. The Proportion- ate Share is as follows: Months Sq. Ft. Building Sq. Ft. Proportionate Tenant's Share 1 to 3 5,388 9,938 54.22% 4 to 6 5,388 9,938 54.22% 7 to 9 6,362 9,938 64.02% 10 to 12 7,287 9,938 73.32% 13 to 24 8,327 9,938 83.79% 25 to 36 8,327 9,938 83.79% 37 to 48 8,327 9,938 83.79% 49 to 60 8,327 9,938 83.79% If any Gross Rent is not paid within ten (10) days of the due date, Tenant shall pay a late penalty of Five Hundred and No/100 Dollars ($500 00). 2. Tenant shall not, without the prior written consent of Landlord, make alterations, improvements, or additions to the Leased Premises subject to Article 5, Alterations. On or before May 1 2015, Tenant will, at Tenant's sole cost, correct any alterations made to the Leased Premises to a standard that meets or exceeds all current building codes and City of Lino Lake standards and requirements. All other terms, conditions and covenants of this LEASE shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. Landlord: Tenant: City of Lino Lakes: New Creations Child Care and Learning Center, LLC: By: By: LLev Its: lutgetiJ air LEASE AMENDMENT #2 DATED: February 1, 2016 WHEREAS, City of Lino Lakes, A Minnesota municipal corporation , ("LANDLORD") and New Creations Child Care and Learning Center, LLC., Limited Liability Company (Domestic) ("TENANT") entered into a Lease Agreement dated July 1, 2014 ('LEASE") for the property located at 620 Town Center Parkway, Lino Lakes, MN 55014 (' PREMISES), and WHEREAS, LANDLORD and TENANT agree to amend. the LEASE as follows: 1. The Lease is hereby amended by deleting Article 4, subsection (b) and replacing them with the following: (a) Payment of Gross Rent Tenant shall pay the annual Base Rent in monthly installments, equal to one -twelfth (1/12th) of the then applicable annual Base Rent Each monthly installment of Base Rent shall be payable in advance without demand and without any reduction, abatement, coun- terclaim or offset, to Landlord on or before the first day of each month (or the next succeeding busi- ness day in the event the first day of such month is not a business day). Tenant shall pay to the Landlord Tenant's "Proportionate Share" of Basic Operating Costs, without any reduction, abatement, counterclaim or offset, within ten (10) days of receipt of the billing for such Basic Oper- ating Costs from Landlord. The term "Proportionate Share" means a fraction, the numerator of which is the square footage of the Leased Premises and the denominator of which is the total square footage of the Building, or the percentage identified in Exhibit B for utility costs. The Proportion- ate Share is as follows: Months Sq. Ft. Building Sq. Ft. Proportionate Tenant's Share 1 to 3 5,388 9,938 54.22% 4 to 6 5,388 9,938 54.22% 7 to 9 6,362 9,938 64.02% 10 to 12 7,287 9,938 73.32% 13 to 19 8,327 9,938 83.79% 20 to 24 9,138 9,938 92.00% 25 to 36 9,138 9,938 92.00% 37 to 48 9,138 9,938 92.00% 49 to 60 9,138 9,938 92.00% If any Gross Rent is not paid within ten (10) days of the due date, Tenant shall pay a late penalty of Five Hundred and No/100 Dollars ($500 00). 2. Tenant shall not without the prior written consent of Landlord, make alterations, improvements, or additions to the Leased Premises subject to Article 5, Alterations. All other terms, conditions and covenants of this LEASE shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. Landlord: Tenant: New Creations Child Care and Learnin, Center, LLC: City of Lino Lakes: By: I ity A inistrato`r By: Its: LEASE AMENDMENT #3 DATED: July 1, 2019 WHEREAS, City of Lino Lakes, A Minnesota municipal corporation , ("LANDLORD") and New Creations Child Care and Learning Center, LLC. Limited Liability Company (Domestic) ("TENANT") entered into a Lease Agreement dated July 1, 2014 ("LEASE") for the property located at 620 Town Center Parkway, Lino Lakes, MN 55014 ('PREMISES); and WHEREAS, LANDLORD and TENANT agree to amend the LEASE as follows: 1 The Lease is hereby amended by deleting Article 4, subsection (b) and replacing them with the following* (a) Payment of Gross Rent. Tenant shall pay the annual Base Rent in monthly installments, equal to one -twelfth (1/12th) of the then applicable annual Base Rent. Each monthly installment of Base Rent shall be payable in advance without demand and without any reduction, abatement, coun- terclaim or offset, to Landlord on or before the first day of each month (or the next succeeding busi- ness day in the event the first day of such month is not a business day). Tenant shall pay to the Landlord Tenant's "Proportionate Share" of Basic Operating Costs without any reduction, abatement, counterclaim or offset, within ten (10) days of receipt of the billing for such Basic Oper- ating Costs from Landlord. The term ` Proportionate Share" means a fraction, the numerator of which is the square footage of the Leased Premises and the denominator of which is the total square footage of the Building, or the percentage identified in Exhibit B for utility costs. The Proportion- ate Share is as follows: Months Sq. Ft. Rent Sq. per Ft. Annual Rent 1 to 12 9,138 $8.91 $81,419.58 13 to 24 9,138 $9.18 $83,886.84 25 to 36 9,138 $9.45 $86,354.10 37 to 48 9,138 $9.74 89,004.12 49 to 60 9,138 $10.03 $91,654.14 61 to 72 9,138 $10.33 $94,395.54 73 to 84 9,138 $10.64 $97,228,32 85 to 96 9,138 $10.96 $100,152.48 97 to 108 9,138 $11.29 $103,168.02 109 to 120 9,138 $11.63 $106,274.94 If any Gross Rent is not paid within ten (10) days of the due date, Tenant shall pay a late penalty of Five Hundred and No/100 Dollars ($500 00). 2. Landlord will have on ongoing option to terminate the Lease with no less than 12 months written notice to Tenant any time after 60 months of this Lease. The Lease can only terminated by the Landlord if the space will be used by the City of Lino Lakes or another gov- ernment agency. 3. Tenant shall not without the prior written consent of Landlord, make alterations, improvements, or additions to the Leased Premises subject to Article 5, Alterations. All other teirns, conditions, and covenants of this Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. Landlord: City of Lino Lakes: By: City Administrator Tenant: New Creations Child Care and Learning Center, LL B CITY COUNCIL AGENDA ITEM 3C STAFF ORIGINATOR: Meg Sawyer, Human Resources Manager MEETING DATE: January 25, 2021 TOPIC: COVID-19 Medical and Personal Leave of Absence Policy VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to consider approval of the newly created COVID-19 Medical and Personal Leave of Absence Policy. BACKGROUND The Families First Coronavirus Response Act (FFCRA) expired as of December 31, 2020. The City of Lino Lakes would like to continue to offer COVID sick leave to our employees through March 31, 2021. We feel this is our best option moving forward to keep City Hall, Public Safety and Public Works as safe as possible during this pandemic. The COVID Sick Leave would allow employees to use up to 80 hours of sick time when they have a COVID related illness. RECOMMENDATION Staff is recommending approval of the COVID-19 Medical and Personal Leave of Absence Policy. ATTACHMENTS 1. COVID-19 Medical and Personal Leave of Absence Policy. CITY * ° ` ,�04's" 0 F RNOL KES COVID-19 Medical and Personal Leave of Absence Policy The City of Lino Lakes acknowledges that employees continue to be impacted by the pandemic. The health, safety and wellbeing of all employees is our top priority. Our Pandemic Emergency Response Plan remains in place and employees should continue to implement precautions to minimize the risk of spreading the virus, such as social distancing, wearing face coverings, staying home when sick, and washing hands. As of January 1, 2021, the City of Lino Lakes will provide 80 hours of COVID Leave credits to employees to use for COVID-19 medical and personal related leave. The credits will expire on March 31, 2021 and cannot be used for other types of leave, PTO, vacation or sick time. Employees who have exhausted these benefits in 2020 will not be eligible for additional benefits in 2021 and must use their sick time or PTO instead. If an employee used 60 hours of COVID Leave in 2020, they would only have 20 hours of COVID Leave left to be used in 2021. Employees should communicate with their supervisor or human resources regarding COVID related absences to discuss the benefits available. This temporary policy is intended for the COVID-19 pandemic and will work jointly with other applicable policies such as FMLA, Short -Term Disability, workplace accommodations, and any other related policies when overlap exists. All requests under this policy should be made to the supervising director and Human Resources providing as much detail and notice as possible. This will allow the City of Lino Lakes the necessary time to review the request and identify coverage during an absence. The City may also require confirmation for the leave to verify the nature and length of each leave request. Employees may be allowed to work remote, if appropriate, instead of taking a leave of absence. Examples of reasons for COVID Leave — Employee or immediate household/family member experiencing symptoms of COVID-19 — Employee or immediate household/family member confirmed positive for COVID-19 — Employee's children are home due to school or childcare closure As was allowed under the FFCRA, short-term disability, and other paid leave laws, all leaves of absence and paid time off benefits run concurrently and may not be stacked for more time off than allowed under the most generous leave policy applicable to the employee's situation. Once paid time off leave has been exhausted, the remainder of the leave of absence will be unpaid. Return to Work Employees must contact Human Resources prior to the end of their leave to confirm their return to work date and fitness for duty, if applicable. Employees are not to return to work without prior approval from Human Resources. A request for an extension of a leave of absence may be considered and must be submitted to Human Resources in writing prior to the expiration of the original leave of absence; however, extensions cannot be guaranteed. Unless there are extenuating circumstances, failure to return to work after the expiration of leave may be considered a voluntary resignation. Tested Positive for COVID-19 Employees who have tested positive for the virus or have been exposed to the virus must follow CDC guidance regarding return from isolation or quarantine, as follows: Individuals with COVID-19 who have symptoms and were directed to care for themselves at home may discontinue isolation under the following conditions: — At least one day (24 hours) have passed since recovery, defined as resolution of fever without the use of fever -reducing medications and — Improvement in symptoms (e.g., cough, shortness of breath); and, — At least 10 days have passed since symptoms first appeared. Individuals with COVID-19 who have not had any symptoms may discontinue isolation when at least 10 days have passed since the date of their first positive COVID-19 diagnostic test and have had no subsequent illness provided they remain asymptomatic. Individuals exposed to COVID-19 who have not had any symptoms may discontinue quarantine after 14 days from the last close contact exposure to an individual with COVID-19. An individual may discontinue quarantine earlier (either at 10 days or 7 days with a negative test result) only if daily monitoring of symptoms has occurred and the individual has not experienced symptoms. We will continue to monitor new legislation as it passes and will communicate changes to employees as they are made. Your Human Resource manager remains available to provide resources, answer questions, and support you. Item 3C, Attach 1 COVID-19 Medical and Personal Leave of Absence Policy Updated December 29, 2020 CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: Public Safety Director John Swenson MEETING DATE: January 25, 2021 TOPIC: Prosecution Contract for Services — Geck, Duea & Olson, PPLC VOTE REQUIRED: 3/5 INTRODUCTION The law firm of Geck, Duea & Olson has provided prosecution services for the City of Lino Lakes since January 1, 2012. The current contract expired on December 31, 2020. BACKGROUND The law firm of Geck, Duea and Olson has provided prosecution services to the City of Lino Lakes since January 1, 2012. The proposed contract establishes a flat monthly fee of $8,500 per month for 2021 and an increase to $8,750 for 2022 - 2025 for all current prosecution services. The rate would increase in 2022 but remain the same for the duration of the contract, which would end on December 31, 2025, with no additional annual fee increases. The proposed monthly fee of $8,500 translates to an annual cost of $102,000 for 2021 and at the monthly fee of $8,750 starting in 2022 translates to $105,000 per year. The feedback received from staff and the Anoka County Court personnel has been positive regarding the job performance of the legal staff from Deck, Duea and Olson. RECOMMENDATION Staff recommends approval of the prosecution contract renewal with Geck, Duea & Olson, PPLC. ATTACHMENTS Contract with Geck, Duea & Olson, PPLC GDO Law ATTORNEYS & ADVOCATES January 11, 2021 City Manager Sarah Cotton 640 Town Center Parkway Lino Lakes, MN 55014 Public Safety Director John Swenson Lino Lakes Police Department 640 Town Center Parkway Lino Lakes, MN 55014 Re: 2021-2025 Prosecution Contract City Manager Cotton and Director Swenson: It has been our pleasure to represent the City of Lino Lakes as your Criminal Prosecutor since January 1, 2012. We are very interested in continuing as the Lino Lakes City Prosecutor. We were previously appointed to a five-year term for fiscal years 2016-2020. We are interested in another five-year agreement for fiscal years 2021-2025. Robb Olson heads up our prosecution team, and has 25 years of experience in this area. Fellow GDO Partner Heather Monnens and associate attorney Luke McClure assist with municipal prosecution for Lino Lakes. Our office prosecutes all petty misdemeanor, misdemeanor and gross misdemeanor offenses occurring in Lino Lakes, including DWI and domestic assault cases. The balance of the remaining cases consists of assaults or disorderly conduct charges, thefts, code violations, and traffic -related offenses. We work in close conjunction with the Lino Lakes Police Department reviewing reports for charging and providing general advice about cases. Our office also provides ongoing training for police officers in connection with training conducted at the Police Department. We have regular contact with LLPD personnel to ensure that we are providing quality representation to the Lino Lakes Police Department. We appear in Anoka County District Court for all arraignments (first appearance), pretrials, court trials (contested traffic tickets), and contested evidentiary hearings, along with other miscellaneous appearances for probation violations, setting of bail, etc. Once a month we have a four -day jury trial calendar for unresolved cases. We also handle in -custody arraignment calendars for defendants that were arrested and are in custody for domestic assault, gross misdemeanor DWIs, and other offenses. We process all legal paperwork and attend hearings regarding forfeiture of motor vehicles by repeat DWI offenders. MAIN OFFICE & MAILING ADDRESS: 4770 WHITE BEAR PARKWAY • WHITE BEAR LAKE, MN 55110 PLYMOUTH LOCATION: 3020 HARBOR LANE NORTH, #103, PLYMOUTH, MN 55447 TELEPHONE: 651-426-3249 • FACSIMILE: 651-426-9501 WWW.GDOLAW.COM We received a flat fee of $8,500 per month for our prosecution work for fiscal years 2016-2020. For the 2021 fiscal year, we will keep the rate at $8,500 per month since an increase was not included in the budget due to our late submission of a proposal. For the 2022-2025 fiscal years, we propose charging a flat fee of $8,750 per month for all prosecution services. We are proposing that the limited time spent by us on forfeiture work would be charged at $110.00 per hour for attorney time, up from the current $105.00 per hour. As before, we will advance and obtain additional reimbursement from the City for any out-of-pocket costs, such as filing fees, witness fees, service of process fees, couriers, and appeal costs (with prior approval), although these costs are incurred on a very infrequent basis. Please feel free to contact me with any questions or comments you may have regarding our ongoing relationship with the City. Respectfully submitted, GDO Law Robb L. Olson 4770 White Bear Parkway, Suite 100 White Bear Lake, MN 55110 651-426-1533 The above proposal is hereby accepted by the City of Lino Lakes. The law firm of GDO Law is appointed as the City Prosecutor for fiscal years 2021-2025. Date: , 2021 Date: , 2021 Mayor Rob Rafferty John Swenson Public Safety Director CITY COUNCIL AGENDA ITEM 5A STAFF ORIGINATOR: Rick DeGardner, Public Services Director MEETING DATE: January 25, 2021 TOPIC: Oaks of Lino Park Property i) Consider 2nd Reading of Ordinance No. 01-21, Vacating Oaks of Lino Park Property *Council may vote to dispense with the full reading of the ordinance *Roll call vote is required for adoption of the ordinance ii) Consider Resolution No. 21-03, Approving Summary Publication of Ordinance No. 01-21 iii) Consider Resolution No. 21-04, Authorizing the Conveyance of Land (Park, Oaks of Lino) to Adjacent Property Owners VOTE REQUIRED: 4/5 INTRODUCTION Staff is requesting City Council consideration of the 2nd reading of Ordinance No. 01-21 Vacating Oaks of Lino Park property. BACKGROUND At the August 5, 2020 Park Board meeting, the Board discussed vacating the Oaks of Lino trail corridor located between 992 and 998 Aspen Lane. The parcel is legally described as Park, Oaks of Lino. The Board recommended to the City Council the Park be vacated. ANALYSIS The January 11, 2021 Council staff report includes the Park Board staff report and minutes that provide more background and analysis. Section 12.05 of the City Charter requires that the real property of the City cannot be disposed of except by Ordinance. The Ordinance will require two readings, publication, and a waiting period before it is in effect. The property will be conveyed to the adjacent property owners as detailed in Resolution No. 21-04. 1 RECOMMENDATION Staff is recommending approval of the 2" d reading, summary publication and land conveyance. ATTACHMENTS 1. Ordinance No. 01-21 2. Resolution No. 21-03 3. Resolution No. 21-04 2 1" Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 01-21 ORDINANCE VACATING OAKS OF LINO PARK PROPERTY The City Council of Lino Lakes ordains: Section 1: Findings 1. The City Council of Lino Lakes has determined to vacate the property as shown in Exhibit A and legally described as follows: Park, Oaks of Lino; and 2. A public hearing was held on January 11, 2021 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and reasonable attempts were made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and 3. The Park, Oaks of Lino was platted in 1995 and is currently an undeveloped trail corridor. The platting of adjacent Preserve at Lino Lakes in 2013 and Saddle Club in 2015 established a developed trail system in the immediate vicinity and the Park, Oaks of Lino is no longer consistent with the current Parks, Greenway & Trail System Plan and is no longer needed. 4. It appears in the interest of the public to vacate such Park property; and 5. Four -fifths of all members of the City Council concur in this ordinance. Section 2: Park Vacated The Park property described herein is hereby vacated. Section 3: Effect This ordinance shall be in force and effect from and after 30 days following its passage and publication according to the Lino Lakes City. Adopted by the Lino Lakes City Council this day of , 2021. 1 The motion for the adoption of the foregoing ordinance was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell, City Clerk 2 Rob Rafferty, Mayor G:\Group Data\Municipal\Clients - Cities - Counties\Lino Lakes\Projects - Misc\ParkTurnback.dwg 1/7/2021 11:22:20 AM 0 30 60 SCALE IN FEET B2001'0 2-"t S s'1/30�l� S a 3=� S 811•56.1 rE 491.65 _ ON/ - N 88°56.18"W s e' 7r j ` 444,0 POND A,PARCEL B 2...) - -, , i �� N, \ * %. s4)V. I i \ . ` S 13018.091A N? / S 20b3 6.744: .. / i \ NN\ N N s ` �' / \ii OND `�es1r 1 at? e' 1 in - -Drainage k Utility Easement 10 tD o N POND /o 7.5' Z 8N gE-� * Drainage & Utility Easement POND \�\ 7.5' -Ve'he1. POND'' 170.00 00 Cho ,0 Y I • IN r% r- 6 , 1.01•-1v •%II V-1 1 (. 1\1 f- ILImmb --. o a-, J -fir T� , a a-, •a 1.1 LJ.J PARCEL A A strip of land ,7.5 feet in width, also being the Easterly one-half of the PARK, dedicated in the plat of OAKS OF LINO, as recorded in the office of the County Recorder, Anoka County, Minnesota. PARCEL B A strip of land, 7.5 feet in width, also being the Westerly one-half of the PARK, dedicated in the plat of OAKS OF LINO, as recorded in the office of the County Recorder, Anoka County, Minnesota. OAKS OF LINO DEDICATED PARK TURNBACK CITY OF LINO LAKES EXHIBIT A wsb CITY OF LINO LAKES RESOLUTION NO. 21-03 APPROVING A SUMMARY OF ORDINANCE NO. 01-21 FOR PUBLICATION WHEREAS, the City Council approved Ordinance No. 01-21 vacating Park, Oaks of Lino Park; and WHEREAS, the City Council approved the first reading on January 11, 2021, and the second reading and final passage on January 25, 2021; and WHEREAS, Ordinance No. 01-21 is lengthy and MN statute 412.191 allows the city to publish a summary of an ordinance, and WHEREAS, the City Council has determined that the summary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall. NOW, THEREFORE, BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes, Minnesota that the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Adopted by the Council of the City of Lino Lakes this 25th day of January, 2021. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Rob Rafferty, Mayor ATTEST: Julianne Bartell, City Clerk ATTACHMENT A CITY OF LINO LAKES SUMMARY OF ORDINANCE NO. 01-21 AN ORDINANCE VACATING PARK, OAKS OF LINO Section 1: Findings The City Council of Lino Lakes has determined to vacate the parcel legally described as Park, Oaks of Lino; and A public hearing was held on January 11, 2021 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and reasonable attempts were made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and Section 2: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter and upon recording of the Park Vacation. Passed by the Lino Lakes City Council on January 25, 2021. This is a summary of the adopted ordinance A full printed copy of the ordinance is available at City Hall. CITY OF LINO LAKES RESOLUTION NO. 21-04 AUTHORIZING THE CONVEYANCE OF LAND (PARK, OAKS OF LINO) TO ADJACENT PROPERTY OWNERS WHEREAS, the City Council of Lino Lakes adopted Ordinance No. 01-21 on January 25, 2021 vacating property legally described as Park, Oaks of Lino; and WHEREAS, the City intends to convey via quit claim deeds two (2) strips of land 7.5 feet in width to the adjacent property owners (Lot 1, Block 1 and Lot 1, Block 2, Oaks of Lino) as depicted on Exhibit A. NOW, THEREFORE BE IT RESOLVED by the City Council of The City of Lino Lakes authorizes execution and conveyance of quit -claim deeds to the adjacent property owners. Adopted by the Council of the City of Lino Lakes this 25th day of January, 2021. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell, City Clerk Rob Rafferty, Mayor G:\Group Data\Municipal\Clients - Cities - Counties\Lino Lakes\Projects - Misc\ParkTurnback.dwg 1/7/2021 11:22:20 AM 0 30 60 SCALE IN FEET B2001'0 2-"t S s'1/30�l� S a 3=� S 811•56.1 rE 491.65 _ ON/ - N 88°56.18"W s e' 7r j ` 444,0 POND A,PARCEL B 2...) - -, , i �� N, \ * %. s4)V. I i \ . ` S 13018.091A N? / S 20b3 6.744: .. / i \ NN\ N N s ` �' / \ii OND `�es1r 1 at? e' 1 in - -Drainage k Utility Easement 10 tD o N POND /o 7.5' Z 8N gE-� * Drainage & Utility Easement POND \�\ 7.5' -Ve'he1. POND'' 170.00 00 Cho ,0 Y I • IN r% r- 6 , 1.01•-1v •%II V-1 1 (. 1\1 f- ILImmb --. o a-, J -fir T� , a a-, •a 1.1 LJ.J PARCEL A A strip of land ,7.5 feet in width, also being the Easterly one-half of the PARK, dedicated in the plat of OAKS OF LINO, as recorded in the office of the County Recorder, Anoka County, Minnesota. PARCEL B A strip of land, 7.5 feet in width, also being the Westerly one-half of the PARK, dedicated in the plat of OAKS OF LINO, as recorded in the office of the County Recorder, Anoka County, Minnesota. OAKS OF LINO DEDICATED PARK TURNBACK CITY OF LINO LAKES EXHIBIT A wsb CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: January 25, 2021 TOPIC: Resolution No. 21-01, Accepting Quotes and Awarding a Construction Contract, 2020 Surface Water Maintenance Project 2 VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting authorization to accept quotes and award the construction contract for the 2020 Surface Water Maintenance Project 2. BACKGROUND The City's annual Surface Water Management Program (SWMP) addresses areas in need of maintenance, and conforms to the City's Surface Water Pollution and Prevention Plan. The City performs storm sewer repair and cleaning, vegetation removal, sediment removal, and pond excavations. The 2020 Surface Water Maintenance Project 2 primarily includes storm pond sediment removal. This type of work is best completed in dry conditions or the winter season. The 2020 Surface Water Maintenance Project 2 includes 3 project sites, shown in the table below: AREA IMPROVEMENT Site 1 (6998 Black Duck Drive) Remove sediment, debris, and vegetation in pond, clean storm sewer infrastructure Site 2 (Brandywood Estates) Remove sediment, debris, and vegetation in pond, clean storm sewer infrastructure Site 3 (600 Town Center Parkway) Remove sediment, debris, and vegetation in pond, clean storm sewer infrastructure Funding for the project is from the General Fund Streets Budget, which includes $140,000 for the Surface Water Maintenance projects. On December 14, 2020, the City Council awarded Surface Water Maintenance Project 1 in the amount of $40,304.53. The combined projects are within budget. Quotes for the project were received on January 4th, 2021. CONTRACTOR TOTAL QUOTE C.W. Houle, Inc. Did Not Quote North Pine Aggregate, Inc. Did Not Quote Penn Contracting, Inc. Did Not Quote Arnt Construction Company, Inc. $41,440.00 Olson's Sewer Service/ Olson's Excavating Services $44,526.52 The low bid was submitted by Arnt Construction Company, Inc. of Lino Lakes, Minnesota, in the amount of $41,440.00. The completion date for this project is June 15th, 2021. The contractor plans to start the work the week of January 26th and anticipates having a majority of the work completed within a week. Final site restoration will be completed in the spring. RECOMMENDATION Staff recommends adoption of Resolution No. 21-01 accepting quotes and awarding a construction contract for the 2020 Surface Water Maintenance Project 2, in the amount of $41,440.00 to Arnt Construction Company, Inc. ATTACHMENTS 1. Resolution No. 21-01 2. Surface Water Maintenance Project 2 maps CITY OF LINO LAKES RESOLUTION NO. 21-01 RESOLUTION ACCEPTING QUOTES, AND AWARDING A CONSTRUCTION CONTRACT, 2020 SURFACE WATER MAINTENANCE PROJECT 2 WHEREAS, pursuant to a request for quotes for the construction of the 2020 Surface Water Maintenance Project 2, quotes were received, and tabulated: CONTRACTOR TOTAL QUOTE C.W. Houle, Inc. Did Not Quote North Pine Aggregate, Inc. Did Not Quote Penn Contracting, Inc. Did Not Quote Arnt Construction Company, Inc. $41,440.00 Olson's Sewer Service/ Olson's Excavating Services $44,526.52 WHEREAS, it appears that Arnt Construction Company, Inc. of Lino Lakes, Minnesota, is the lowest responsible bidder; and WHEREAS, the funding for the project is from the General Fund Streets Budget; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Mayor and Clerk are hereby authorized and directed to enter into a contract with Arnt Construction Company, Inc. for the construction of the 2020 Surface Water Maintenance Project 2 in the amount of $41,440.00; Adopted by the Council of the City of Lino Lakes this 25th day of January, 2021. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Rob Rafferty, Mayor ATTEST: Julianne Bartell, City Clerk CONSTRUCTION ACCESS ROAD CLEAN 4:1 MAX. SLOPES OUT STORM SEWER POND EXCAVATION SITE NOTE: EXCAVATION CONTOURS SHOWN ARE APPROXIMATE — ELEVATION DATUM ASSUMED. EARTHWORK QUANTITIES ARE APPROXIMATE, BASED ON 2 FOOT AVERAGE CUT. PROJECT DESCRIPTION: 1. INSTALL CONSTRUCTION MATS AS NEEDED FOR ACCESS TO PROJECT AREA. 2. REMOVE/TRIM TREES AS DIRECTED TO ACCESS FES/POND (PROPERTY OF CONTRACTOR) 3. EXCAVATE APPROX. 500 CY POND SEDIMENT (LEVEL 1, PROPERTY OF CONTRACTOR) 4. CLEAN OUT STORM SEWER INFRASTRUCTURE. 5. RESTORE DISTURBED LAWN AREAS WITH SOD. 6. RESTORE DISTURBED NON —TURF AREAS WITH TOPSOIL, SEED(33-261), FERTILIZER AND CAT. 3N EROSION BLANKET. NOTE: COST TO INCLUDE ALL MATERIALS, LABOR AND REQUIRED EROSION CONTROL BMP'S TO PERFORM THE DESCRIBED REPAIR WORK. 0 FT 40 80 wsb 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 www.wsbeng.com 763-541-4800 - Fax 763-541-1700 SITE 1 6998 BLACK DUCK DRIVE POND MAINTENANCE - SEDIMENT REMOVAL 2020 SURFACE WATER MAINTENANCE PROJECT WSB Project No. R-015935 CITY' 'OF LNOL KES� CLEAN OUT STORM SEWER SITE ACCESS 12TH AVENUE 1212 POND EXCAVATION SITE 4.1 MAX. SLOPES V 1218 1 1205 1211 JIXcAVATIONCONTOUL$EVAINDATUMAIUMED.WN AREAPPROXIMA 11 EARTHWORK QUANTITIES ARE APPROXIMATE, BASED ON 2 FOOT AVERAGE CUT. PROJECT DESCRIPTION: 1. PROVIDE TRAFFIC CONTROL ON 12TH AVENUE FOR TRUCK STAGING AND CONSTRUCTION ACTIVITIES. 2. REMOVE/TRIM TREES AS DIRECTED TO ACCESS STORM SEWER/POND (PROPERTY OF CONTRACTOR) 3. EXCAVATE APPROX. 100 CY POND SEDIMENT (LEVEL 1, PROPERTY OF CONTRACTOR) 4. CLEAN OUT STORM SEWER INFRASTRUCTURE. 5. RESTORE DISTURBED NON —TURF AREAS WITH TOPSOIL, SEED(33-261), FERTILIZER AND CAT. 3N EROSION BLANKET. NOTE: COST TO INCLUDE ALL MATERIALS, LABOR AND REQUIRED EROSION CONTROL BMP'S TO PERFORM THE DESCRIBED EXCAVATION AND REPAIR WORK. 0 FT 30 60 wsb 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 www.wsbeng.com 763-541-4800 - Fax 763-541-1700 SITE 2 BRANDYWOOD ESTATES POND MAINTENANCE - SEDIMENT REMOVAL 2020 SURFACE WATER MAINTENANCE PROJECT WSB Project No. R-015935 C1TY, LNQL K ❑ F ESQ PROJECT DESCRIPTION: 1. INSTALL CONSTRUCTION MATS AS NEEDED FOR ACCESS TO PROJECT AREA. PROTECT CURB AND SIDEWALK. 2. REMOVE/TRIM TREES AS DIRECTED TO ACCESS FES/POND (PROPERTY OF CONTRACTOR) 3. EXCAVATE APPROX. 8 CY POND SEDIMENT (PROPERTY OF CONTRACTOR) 4. CLEAN OUT STORM SEWER INFRASTRUCTURE. 5. RESTORE DISTURBED LAWN AREAS WITH SOD. 6. RESTORE DISTURBED NON —TURF AREAS WITH TOPSOIL, SEED(33-261), FERTILIZER AND CAT. 3N EROSION BLANKET. NOTE: COST TO INCLUDE ALL MATERIALS, LABOR AND REQUIRED EROSION CONTROL BMP'S TO PERFORM THE DESCRIBED EXCAVATION AND REPAIR WORK. 0 FT 30 60 wsb 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 www.wsbeng.com 763-541-4800 - Fax 763-541-1700 SITE 3 CIVIC COMPLEX POND MAINTENANCE - SEDIMENT REMOVAL 2020 SURFACE WATER MAINTENANCE PROJECT WSB Project No. R-015935 C1TY, LNQL K ❑F ESQ CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Diane Hankee, PE City Engineer MEETING DATE: TOPIC: VOTE REQUIRED: INTRODUCTION January 25, 2021 Consider Resolution No. 21-05, Approving Maintenance Agreement for Channel Crossing, Nature's Refuge 3/5 Council consideration to approve the Maintenance Agreement for Channel Crossing associated with the Nature's Refuge Development Project. BACKGROUND On September 14, 2020, the City Council passed Resolution No. 20-81 approving the final plat for the Nature's Refuge Development project located west of Lino Lakes Elementary School. The project includes a roadway crossing over Anoka County Ditch 10-22-32 and the installation of a culvert to maintain channel flow. The channel crossing is subject to the requirements of the Rice Creek Watershed District (RCWD). The RCWD District Board of Managers conditionally approved permit no. 17-122 for the project subject to the execution a maintenance agreement between the City and the Watershed District. The other Nature's Refuge surfacewater management facilities will be maintained under the City's Programmatic Maintenance Agreement with RCWD. RECOMMENDATION Staff recommends approval of Resolution No. 21-05 Approving Maintenance Agreement for Channel Crossing at Natures Refuge. ATTACHMENTS 1. Resolution No. 21-05 2. Maintenance Agreement for Channel Crossing 1 CITY OF LINO LAKES RESOLUTION NO. 21-05 RESOLUTION APPROVING MAINTENANCE AGREEMENT FOR CHANNEL CROSSING, NATURE'S REFUGE, BETWEEN RICE CREEK WATERSHED DISTRICT AND CITY OF LINO LAKES WHEREAS, the Nature's Refuge Development project includes a roadway crossing over Anoka County Ditch 10-22-32 and the installation of a culvert to maintain channel flow; and WHEREAS, the channel crossing is subject to the requirements of the Rice Creek Watershed District; and WHEREAS, the Rice Creek Watershed District Board of Managers conditionally approved permit no. 17-122 for the project subject to the execution a maintenance agreement between the City and the Watershed District. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes executes the Maintenance Agreement Channel Crossing between the Rice Creek Watershed District and City of Lino Lakes. Adopted by the Council of the City of Lino Lakes this 25th day of January, 2021. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Rob Rafferty, Mayor ATTEST: Julianne Bartell, City Clerk MAINTENANCE AGREEMENT Channel Crossing Between the Rice Creek Watershed District and The City of Lino Lakes This Maintenance Agreement ("Agreement") is made by and between the Rice Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes Chapters 103B and 103D and a drainage authority pursuant to chapter 103E of the laws of the State of Minnesota (RCWD), and The City of Lino Lakes (Permittee). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes § 103D.345, the RCWD has adopted and implements Rule G, "Crossings of Natural & Artificial Conveyance Systems,"; WHEREAS RCWD Rule G imposes certain requirements to ensure a structure placed in a drainage system is maintained to perform as designed; WHEREAS as a part of the work approved under Permit 17-122, City of Lino Lakes is installing a structure within a drainage system subject to requirements of RCWD Rule G. WHEREAS in accordance with RCWD Rule G and as a condition of Permit 17-122, City of Lino Lakes must maintain the structure in perpetuity, and its obligation to do so must be memorialized by a maintenance agreement; WHEREAS City of Lino Lakes and the RCWD execute this Agreement to fulfill this condition of Permit 17-122, and concur that it is binding and rests on mutual valuable consideration; THEREFORE: 1. City of Lino Lakes, at its cost, will maintain the structure labeled on Exhibit A as Culvert 3. 2. City of Lino Lakes will inspect the structure at least annually. 3. City of Lino Lakes will maintain the structure in good repair to preserve hydraulic and navigational capacity in accordance with RCWD-approved plans; provide for no net increase in flood stage beyond that of RCWD-approved plans; avoid increased scour, erosion and sedimentation, water quality impact and change to the existing flowline/gradient; and prevent conditions that promote hydraulic or navigational obstruction. 4. City of Lino Lakes will repair eroded or other unstable conditions resulting from the structure as promptly as weather and seasonal conditions allow. 5. If the structure is not being maintained in accordance with this declaration, the RCWD may give written notice detailing the deficiency. If the deficiency has not been corrected within twenty (20) days after receipt of this notice, or arrangements deemed adequate by the RCWD have not been made within that period, then the RCWD without further notice may take steps that it deems reasonable to correct the deficiency, and may have access to the Property during 1 reasonable times for that purpose. The RCWD will provide notice before entry and exercise due care to avoid damage to the Property. Within thirty (30) days of receipt of invoice the RCWD shall be reimbursed for all costs incurred in correcting the deficiency, including administrative overhead and reasonable attorneys' fees. 6. Any notice under this declaration shall be sent by certified mail, return receipt requested, or delivered to the following address: City Administrator City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 City of Lino Lakes may change this address by a certified letter to the RCWD referencing the permit number. 7. If City of Lino Lakes conveys into private ownership a fee interest in all or any portion of the public property that is subject to this Agreement, it must require as a condition of sale, and enforce: (a) that the purchaser record a declaration on the property incorporating the maintenance requirements of this Agreement; and (b) that recordation occur either before any encumbrance is recorded on the property or, if after, only as accompanied by a subordination and consent executed by the encumbrance holder ensuring that the declaration will run with the land in perpetuity. If City of Lino Lakes conveys into public ownership a fee interest in all or any portion of the property that is subject to this Agreement, it must require as a condition of the purchase and sale agreement that the purchaser accept an assignment of all obligations vested under this Agreement. 8. This Agreement is in force for five years from the date on which it is fully executed and will renew automatically for five-year terms unless terminated by the parties. This Agreement may be amended only in a writing signed by the parties. 9. The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RICE CREEK WATERSHED DISTRICT By Date: RCWD Administrator CITY OF LINO LAKES By: Date: Its 2 Exhibit A [SITE PLAN/MAP WITH STRUCTURE LABELLED] 3 920 915 910 905 900 895 890 885 880 920 915 910 905 900 895 890 885 880 POND 100 NWL = 902.5 PER HYDROCAD MODEL: 100 YR HWL = 905.1 10 DAY SNOWMELT = 904.9 CULVERT #1 30" F.E.S. (TIE ALL JOINTS) INV. 901.30 RE=905.50 BLD=4.00' 18" F.E.S. W/TRASH GUARD PLACE 9 C.Y. CL 3 RIP RAP W/FILTER FABRIC (TIE LAST 3 JOINTS) WE11 AND NWL = 902.0 100 YR HWL = 903.8 10 DAY SNOWMELT = 904.2 60'-18" RCP CL 5 0 0.50% 36'-18" RCP CL 5 0 8.44% 0 N 24" F.E.S. W/TRASH GUARD PLACE 14 C.Y. CL 3 RIP RAP W/FILTER FABRIC (TIE ALL JOINTS) 30" F.E.S. I AKE 200 NWL = 901.8 100 YR HWL = 903.8 10 DAY SNOWMELT = 904.2 34'-30" RCP CL 3 ® 1.47% WETLAND NWL = 902.0 100 YR HWL = 903.8 10 DAY SNOWMELT = 904.2 1 POND 100 NWL = 902.5 PER HYDROCAD MODEL 100 YR HWL = 905.1 10 DAY SNOWMELT = 904.9 CULVERT #2 OUTLOT D ISEE SHEET 9 I 4 24" F.E.S. W/TRASH GUARD WETLAND NWL = 902.0 100 YR HWL = 903.8 10 DAY SNOWMELT = 904.2 18" F.E.S. W/TRASH GUARD PLACE 9 C.Y. CL 3 RIP RAP W/FILTER FABRIC (TIE ALL JOINTS) LAKE 200 NWL = 901.8 100 YR HWL = 903.8 10 DAY SNOWMELT = 904.2 45'-24" RCP 38'-18" RCP CL 3 ® 0.45% CL 5 ® 0.25% i / / v) ® 1 / / 1 f / V� -____,-' OUTLOT D LAKE 200 NWL = 901.8 100 YR HWL = 903.8 10 DAY SNOWMELT = 904.2 RE=904.60 BLD=3.80' EXISTING GROUND PROPOSED GRADE CULVERT #2 15" F.E.S. PLACE 8 C.Y. CL 3 RIP RAP W/FILTER FABRIC (TIE ALL JOINTS) POND 400 NWL = 901.9 100 YR HWL = 903.8 10 DAY SNOWMELT = 904.2 30'-18" RCP CL 5 0 6.07% 10" SAN SWR CROSSING FES In FES/ WETLAND NWL = 902.0 100 YR HWL = 903.8 10 DAY SNOWMELT = 904.2 30'-12" RCP CL 5 0 0.50% 16" WM CROSSING 40'-15" RCP CL 5 0 0.50% UTLOT\ B GENERAL NOTES: 1. INSTALL SEDIMENT CONTROL BARRIER INSERTS ON ALL CATCH BASINS (SEE DETAIL). 2. ALL JOINTS TO BE WRAPPED WITH GEOTEXTILE FABRIC (SEE DETAIL STR-11) ) FES POND 400 NWL = 901.9 100 YR HWL = 903.8 D Y SNOWMELT = 904.2 NWL = 901.8 100 YR HWL = 903.8 10 DAY SNOWMELT = 904.2 STORM SEWER SCHEDULE STRUCTURE NEENAH CASTING TYPE & No. SIZE or EQUAL CB-141 24"x36" R-3067-VB CBMH-140 48" DIA. R-3067-VB OCS-100 SEE DETAIL OCS-400 SEE DETAIL DITCH 100 YR HWL = 904.1 10 DAY SNOWMELT = 904.5 (PER RCWD MODEL) STA. 7+25 STA. 7+25 100 (IN FEET) BENCHMARK 1. Anoka County Benchmark No. 2011 set In the ground Ina covered tube located 150 feet westerly of the centerline of Rondeau Road West and 40 feet northerly of the centerline of C.S.A.H. No. 14. Elevation=894.878 (NANO 88) 2. Top Nut Hydrant East of the Southeast entrance to Lino Lakes Elementary School. Elevation=920.009 (NAND 88) 100 YR HWL = 904.1 10 DAY SNOWMELT = 904.5 (PER RCWD MODEL) 920 915 910 905 900 895 890 885 Carlson environmental C • • engineering McCa in in�� urveying 3890 Pheasant Ridge Drive NE, Suite 100 Blaine, MN 55449 Phone: (763) 489-7900 Fax: (763)7489-77959www.com I herebycertifythat this plan,specification Print Name: Brian J. Krystofiak, P.E. or P ry report was prepared by me or under my direct supervision and that I am a duly Signature: Licensed Professional Engineer under the laws of the State of Minnesota Date'. 5/13/19 License #. 25063 Drawn: KRO Designed: BIK Date 5/13/19 Revisiens. 1. 6/12/19 per City Comments. 2. 1/16/20 per City Comments 3. 8/14/20 Remove Beaver Prevention Device Per Watershed 4. 8/26/20 Remove Rip -Rap from ditch PREFERRED BUILDERS, INC. 6750 Stillwater Boulevard N, Suite #4 Stillwater, MN 55082 NATURES REFUGE Lino Lakes, MN STORM SEWER 8 of 22 (satiroar. rear/a- 2a15,.12