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HomeMy WebLinkAbout01-25-2021 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 1d 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 2nd 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 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 Expenditures January 25, 2021 Check #113705 to #113784 $679,119.19 Expenditures January 25, 2021 Check #113705 to #113784 $679,119.19 City of Lino Lakes Activity Codes Code Description Code Description 401 Mayor/Council 817 Spring Fling 402 Administration 818 Winter Festival 403 Elections 819 Community Gardens 404 Cable TV 822 Family Corn Roast 405 Charter Administration 827 Gobbler Games 407 Finance 830 Adult Golf Lessons 414 Legal Consultants 835 Youth Skating Class 415 Economic Development 850 Golf Academy 416 Planning & Zoning 856 Youth Soccer 417 Engineering 857 Soccer Fundamentals 418 Community Development 860 Secret Shop 420 Police Protection 864 Preschool Playtime 421 Fire Protection 868 Little Goblins Party 422 Building Inspections 871 Flag Football 430 Streets 875 Snow Day 431 Fleet Management 876 Kite Day 432 Government Buildings 877 Rockin' in the Park 450 Parks 879 Movies in the Park 451 Recreation 890 Senior Programs 461 Environmental 462 Solid Waste Abatement 463 Forestry 494 Water 495 Sanitary Sewer 499 Other 802 Dodgeball Camp 806 Youth T-Ball 808 Youth Baseball Camp 810 Youth Playground 811 Youth Safety Camp 812 Youth Art Camps 814 Senior Programs/Book Club AP Checks by Account Number 1/25/2021 City Council Meeting Vendor Fund/Dept Account Amount Check # Description AFSCME Council #5 101-000 101-000-2040-000 419.76 113707 PR Batch 00002.01.2021 Union Dues AFSCME International Union 101-000 101-000-2040-000 560.00 113708 PR Batch 00002.01.2021 Union Dues 49ers Law Enforcement Labor Services 101-000 101-000-2040-000 1,397.00 113709 PR Batch 00002.01.2021 Union Dues LELS Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 113715 Easement - 6689 21st Ave Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 113715 Easement - 114 Robinson Dr Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 113715 Easement - 6498 Totem Trail Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 113715 Easement - 2148 Dogwood St Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 113715 Easement - 2047 Diamond Ln Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 113715 Easement - 210 Egret Ln Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 113715 Easement - 6658 LaCasse Cir Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 113715 Easement - 2075 Chestnut St Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 113715 Easement - 6494 Vaughn Ct Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 113715 Easement - 2028 Diamond Ln Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 113715 Easement - 114 Robinson Dr Met Council Environmental Services (SAC) 101-000 101-000-2120-000 47,215.00 113759 December 2020 SAC Met Council Environmental Services (SAC) 101-000 101-000-3414-000 -472.15 113759 December 2020 SAC 101-000 Total 49,625.61 U.S. Bank Visa 101-401 101-401-4900-000 120.00 113782 Centerville Floral/Flowers for L. Snell Family 101-401 Total 120.00 Optum 101-402 101-402-4310-000 95.00 113765 December Retiree & Cobra Fees Leadership Growth Groups LLC 101-402 101-402-4330-000 600.00 113751 2021 Leadership Growth Group - S. Cotton League of Minnesota Cities 101-402 101-402-4330-000 30.00 113752 2021 MCMA Winter Professional Development - S. Cotton American Legal Publishing Corp 101-402 101-402-4410-000 2,647.00 113714 2020 S-8 Supplement Editing Pages Shred-it c/o Stericycle Inc. 101-402 101-402-4410-000 26.00 113773 Document destruction U.S. Bank Visa 101-402 101-402-4452-000 48.05 113782 JP Cooke/Notary Stamp for J. Bartell 101-402 Total 3,446.05 City of Roseville 101-407 101-407-4310-000 16,758.98 113727 January 2021 IT Services City of Roseville 101-407 101-407-4310-000 595.00 113727 Netmotion - M. Sawyer U.S. Bank Visa 101-407 101-407-4330-000 135.00 113782 GFOA/The Budget Document and Beyond Webinar Press Publications Inc. 101-407 101-407-4340-000 162.53 113769 Summary Budget Statement U.S. Bank Visa 101-407 101-407-4410-000 102.00 113782 MN Board of Accountancy/CPA Renewal H. Lynch 101-407 Total 17,753.51 GDO Law 101-414 101-414-4303-000 8,500.00 113738 January 2021 Legal Prosecutor Contract GDO Law 101-414 101-414-4303-000 105.00 113738 December Forfeitures 101-414 Total 8,605.00 Kennedy & Graven Chartered 101-415 101-415-4300-000 317.75 113746 November & December Legal U.S. Bank Visa 101-415 101-415-4452-000 150.00 113782 Quad Area Chamber of Commerce/Annual 2021 Dues U.S. Bank Visa 101-415 101-415-4452-000 295.00 113782 Economic Development Association of Minnesota/Annual 2021 Dues U.S. Bank Visa 101-415 101-415-4452-000 250.00 113782 Sensible Landuse Coalition/Annual Membership M. Grochala 101-415 Total 1,012.75 Hagen Terina 101-420 101-420-4131-000 150,000.00 113784 Settlement Agreement 2020-2021 Staples Business Credit 101-420 101-420-4200-000 151.17 113774 Toner note pads pens envelopes U.S. Bank Visa 101-420 101-420-4200-000 17.99 113782 Amazon/5pk 16gb SD cards to motion cameras U.S. Bank Visa 101-420 101-420-4200-000 13.98 113782 Amazon/USB/VGA adaptor for L. Hawkinson's computer U.S. Bank Visa 101-420 101-420-4200-000 23.66 113782 Rubber Stamps/Faxed Stamp & Emailed Stamp front office U.S. Bank Visa 101-420 101-420-4200-000 88.17 113782 Amazon/USBs for external discovery requests U.S. Bank Visa 101-420 101-420-4200-000 -2.84 113782 Vistaprint/Note cards - sales tax refund U.S. Bank Visa 101-420 101-420-4200-000 62.77 113782 Vistaprint/Note cards U.S. Bank Visa 101-420 101-420-4200-000 110.16 113782 Vistaprint/Business cards Oak & Carlson & camera registration U.S. Bank Visa 101-420 101-420-4211-000 30.60 113782 Amazon/Oxygen tank regulator U.S. Bank Visa 101-420 101-420-4211-000 139.25 113782 Intoximeters/DMT (200) & Alco-Sensor (300) mouthpieces U.S. Bank Visa 101-420 101-420-4213-000 160.00 113782 Hero 247/8 polo shirts for Explorers U.S. Bank Visa 101-420 101-420-4213-000 199.92 113782 Propper.com/Khaki Pants for Explorers (8) Menards - Forest Lake 101-420 101-420-4240-000 84.44 113757 Paint roller tray washers screw driver Menards - Forest Lake 101-420 101-420-4240-000 42.05 113757 Drill and plywood U.S. Bank Visa 101-420 101-420-4240-000 370.42 113782 Mechanix Wear/7 pair fire resistant level 5 gloves U.S. Bank Visa 101-420 101-420-4240-000 12.99 113782 Amazon/GDEALER scale for evidence intake U.S. Bank Visa 101-420 101-420-4240-000 14.85 113782 Amazon/Replacement keyboard for evidence room U.S. Bank Visa 101-420 101-420-4240-000 165.31 113782 Dive Rescue Int'l/Water rescue rope rope bag ice carabineer U.S. Bank Visa 101-420 101-420-4240-000 217.99 113782 Amazon/Monitor to replace broken one from INV SGT office U.S. Bank Visa 101-420 101-420-4300-000 199.00 113782 Havis/Repair docking station #304 U.S. Bank Visa 101-420 101-420-4321-000 1,785.77 113782 Verizon/Phone & Internet U.S. Bank Visa 101-420 101-420-4330-000 1,080.00 113782 Forest Lake Sportsmen's Club/Range fee for fall and winter shoot Page 1 AP Checks by Account Number 1/25/2021 City Council Meeting Vendor Fund/Dept Account Amount Check # Description U.S. Bank Visa 101-420 101-420-4330-000 770.00 113782 Law Enforcement Seminars/Tuition W. Owens & N. Hamann Aspen Mills Inc. 101-420 101-420-4370-000 500.35 113718 Uniform Allowance - B. Strub Macqueen Equipment Inc. 101-420 101-420-4370-000 11,970.88 113755 Turnout gear Fire fighting boots Streicher's Inc. 101-420 101-420-4370-000 29.99 113775 Uniform Allowance - A. Hallin Streicher's Inc. 101-420 101-420-4370-000 93.95 113775 Uniform Allowance - K. Sinna Streicher's Inc. 101-420 101-420-4370-000 24.99 113775 Uniform Allowance - A. Hallin Streicher's Inc. 101-420 101-420-4370-000 299.94 113775 Uniform Allowance - M. Christensen Streicher's Inc. 101-420 101-420-4370-000 74.97 113775 Uniform Allowance - A. Hallin Streicher's Inc. 101-420 101-420-4370-000 -17.99 113775 Uniform Allowance - A. Hallin - Credit U.S. Bank Visa 101-420 101-420-4370-000 593.35 113782 AR500 Armor/Uniform Allowance - J. Cree U.S. Bank Visa 101-420 101-420-4370-000 222.09 113782 5.11/Uniform Allowance - C. Boehme U.S. Bank Visa 101-420 101-420-4370-000 566.69 113782 Galls/Tru-Spec Cargo Pants for mobile field force U.S. Bank Visa 101-420 101-420-4370-000 18.50 113782 Galls/Uniform Allowance - P. Noll U.S. Bank Visa 101-420 101-420-4370-000 30.00 113782 Amazon/Uniform Allowance - M. DeMars U.S. Bank Visa 101-420 101-420-4370-000 500.00 113782 Xtreme Apparel/Police Patch Caps U.S. Bank Visa 101-420 101-420-4370-000 723.67 113782 Flying Cross/Uniform Allowance - M. Rumpsa U.S. Bank Visa 101-420 101-420-4370-000 497.63 113782 AR500 Armor/Uniform Allowance - M. Carlson U.S. Bank Visa 101-420 101-420-4370-000 641.22 113782 AR500 Armor/Uniform Allowance - A. Hallin U.S. Bank Visa 101-420 101-420-4370-000 573.86 113782 AR500 Armor/Uniform Allowance - A. Riehm Connexus Energy 101-420 101-420-4381-000 30.35 113731 Electric U.S. Bank Visa 101-420 101-420-4386-000 150.00 113782 Campanelle/Gift card for Police Reserve Holiday party U.S. Bank Visa 101-420 101-420-4386-000 17.43 113782 Holiday Station Store/Soda beverages for Reserve Holiday party Bureau of Criminal Apprehension 101-420 101-420-4410-000 390.00 113722 CJDN Access Fee - 10/1/20-12/31/20 Lexipol LLC 101-420 101-420-4410-000 7,354.00 113753 Annual Law Enforcement Policy Manual & Daily Training Bulletins Metro Sales Incorporated 101-420 101-420-4410-000 36.00 113761 Copier Maintenance Contract Ricoh/MP 4055SP Shred-it c/o Stericycle Inc. 101-420 101-420-4410-000 52.01 113773 Document destruction Target Solutions Learning LLC Dept 2071 101-420 101-420-4410-000 2,200.00 113778 Membership Fees Trans Union LLC 101-420 101-420-4410-000 32.90 113779 Background checks U.S. Bank Visa 101-420 101-420-4452-000 386.00 113782 MN Chiefs of Police Assoc/2021 Membership renewal U.S. Bank Visa 101-420 101-420-4452-000 110.00 113782 FBI NAA/FBINAA National Dues & Northwest Chapter Dues U.S. Bank Visa 101-420 101-420-4452-000 200.00 113782 Police Executive Research Forum/Subscription Member Renewal U.S. Bank Visa 101-420 101-420-4452-000 190.00 113782 IACP/2021 Membership 101-420 Total 184,230.43 Menards - Forest Lake 101-421 101-421-4200-000 40.97 113757 Light bulbs & power cord Macqueen Equipment Inc. 101-421 101-421-4211-000 111.17 113755 Germicidal Cleaner Menards - Forest Lake 101-421 101-421-4240-000 19.99 113757 Heater U.S. Bank Visa 101-421 101-421-4321-000 146.48 113782 Verizon/Phone & Internet U.S. Bank Visa 101-421 101-421-4330-000 156.40 113782 International Code Council/2020 MN State fire codes LT Sadwoski U.S. Bank Visa 101-421 101-421-4330-000 96.80 113782 Amazon/Textbook: Fire Inspector to be issued to LT Sadwoski Macqueen Equipment Inc. 101-421 101-421-4370-000 628.02 113755 Fire fighting boots U.S. Bank Visa 101-421 101-421-4370-000 108.48 113782 Conway Shield/2 Leather Helmet Shields U.S. Bank Visa 101-421 101-421-4370-000 460.00 113782 Xtreme Apparel/Police Patch Caps Emergency Apparatus Maintenance 101-421 101-421-4410-000 265.00 113733 NFPA Pump Test Emergency Apparatus Maintenance 101-421 101-421-4410-000 265.00 113733 NFPA Pump Test Lexipol LLC 101-421 101-421-4410-000 2,448.00 113753 Annual Fire Policy Manual & Daily Training Bulletins Target Solutions Learning LLC Dept 2071 101-421 101-421-4410-000 4,527.58 113778 Membership Fees Trans Union LLC 101-421 101-421-4410-000 16.45 113779 Background checks Metro Chief Fire Officers Association 101-421 101-421-4452-000 100.00 113760 2021 Dues - J. Swenson Metro Chief Fire Officers Association 101-421 101-421-4452-000 100.00 113760 2021 Dues - B. Finke Metro Chief Fire Officers Association 101-421 101-421-4452-000 100.00 113760 2021 Dues - D. L'Allier 101-421 Total 9,590.34 U.S. Bank Visa 101-422 101-422-4240-000 117.92 113782 Amazon/Tape measures flash lights computer case U.S. Bank Visa 101-422 101-422-4321-000 193.25 113782 Verizon/Phone & Internet U.S. Bank Visa 101-422 101-422-4330-000 305.08 113782 AmericInn/Hotel for J. Boonstra - On-Site Septic Classes U.S. Bank Visa 101-422 101-422-4370-000 56.90 113782 Lands End/Uniform Allowance - B. Finke 101-422 Total 673.15 U.S. Bank Visa 101-430 101-430-4211-000 35.96 113782 The Home Depot/Disposable face masks City of St. Paul 101-430 101-430-4224-000 1,003.95 113729 Asphalt T.A. Schifsky and Sons Inc. 101-430 101-430-4224-000 284.00 113777 AC Sand Mix T.A. Schifsky and Sons Inc. 101-430 101-430-4224-000 392.63 113777 AC Sand Mix T.A. Schifsky and Sons Inc. 101-430 101-430-4224-000 211.58 113777 AC Sand Mix T.A. Schifsky and Sons Inc. 101-430 101-430-4224-000 612.73 113777 AC Sand Mix Cargill Inc. 101-430 101-430-4228-000 4,344.45 113723 Deicer Page 2 AP Checks by Account Number 1/25/2021 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Cargill Inc. 101-430 101-430-4228-000 10,871.06 113723 Deicer Cartegraph Systems Inc. 101-430 101-430-4300-000 4,500.00 113724 OMS Platform - Enterprise U.S. Bank Visa 101-430 101-430-4321-000 41.45 113782 Verizon/Phone & Internet Connexus Energy 101-430 101-430-4385-000 1,615.75 113731 Electric 101-430 Total 23,913.56 Mansfield Oil Company 101-431 101-431-4212-000 1,108.70 113756 Diesel Fuel Mansfield Oil Company 101-431 101-431-4212-000 2,218.71 113756 Conv 87 Oct E-10 U.S. Bank Visa 101-431 101-431-4212-000 13.95 113782 Holiday Station Stores/Squad fuel #618 U.S. Bank Visa 101-431 101-431-4212-000 20.81 113782 Holiday Station Stores/Squad fuel #393 U.S. Bank Visa 101-431 101-431-4212-000 22.66 113782 Cenex/Toolcat fuel U.S. Bank Visa 101-431 101-431-4212-000 25.29 113782 Holiday Station Store/Toolcat fuel U.S. Bank Visa 101-431 101-431-4212-000 6.40 113782 Holiday Station Store/Toolcat fuel U.S. Bank Visa 101-431 101-431-4212-000 24.16 113782 Holiday Station Stores/Squad fuel #600 U.S. Bank Visa 101-431 101-431-4212-000 16.72 113782 Cenex/Toolcat fuel U.S. Bank Visa 101-431 101-431-4212-000 40.23 113782 Bill's Superette/Squad fuel #620 U.S. Bank Visa 101-431 101-431-4212-000 21.72 113782 Cenex/Toolcat fuel U.S. Bank Visa 101-431 101-431-4212-000 26.67 113782 Holiday Station Store/Toolcat fuel U.S. Bank Visa 101-431 101-431-4212-000 21.37 113782 Holiday Station Store/Toolcat fuel U.S. Bank Visa 101-431 101-431-4212-000 16.01 113782 Holiday Station Stores/Squad fuel #316 U.S. Bank Visa 101-431 101-431-4212-000 24.54 113782 Cenex/Toolcat fuel U.S. Bank Visa 101-431 101-431-4212-000 18.64 113782 Holiday Station Stores/Squad fuel #396 Boyer Trucks Inc. 101-431 101-431-4221-000 148.58 113721 Fender #215 Emergency Automotive Technologies 101-431 101-431-4221-000 124.42 113734 Ignition override #304 Factory Motor Parts Company 101-431 101-431-4221-000 103.64 113735 Battery Factory Motor Parts Company 101-431 101-431-4221-000 55.90 113735 Drum brake and axle shaft Factory Motor Parts Company 101-431 101-431-4221-000 -48.16 113735 Core Return Factory Motor Parts Company 101-431 101-431-4221-000 189.65 113735 Alternator Gillund Enterprises Inc. 101-431 101-431-4221-000 345.10 113739 Carburetor cleaner rust penetrant chain lube brake cleaner Lano Equipment 101-431 101-431-4221-000 438.37 113749 Bearing hub assembly O'Reilly Automotive Stores 101-431 101-431-4221-000 16.08 113766 Oil filters O'Reilly Automotive Stores 101-431 101-431-4221-000 67.46 113766 Oil filter and rainX O'Reilly Automotive Stores 101-431 101-431-4221-000 43.62 113766 Fuel filters O'Reilly Automotive Stores 101-431 101-431-4221-000 8.42 113766 Bulbs O'Reilly Automotive Stores 101-431 101-431-4221-000 34.08 113766 Headlight bulbs O'Reilly Automotive Stores 101-431 101-431-4221-000 73.13 113766 Oil and gasket maker O'Reilly Automotive Stores 101-431 101-431-4221-000 53.97 113766 Coolant O'Reilly Automotive Stores 101-431 101-431-4221-000 26.97 113766 Fuses U.S. Bank Visa 101-431 101-431-4221-000 286.42 113782 Zoro.com/Amber strobe/beacon for 2021 F-250 #510 U.S. Bank Visa 101-431 101-431-4221-000 300.46 113782 AutoAnything/Front & rear seat covers for 2021 Ford F-250 #510 U.S. Bank Visa 101-431 101-431-4221-000 454.30 113782 Amazon/Foldable beacon mounts for F-250 #510 U.S. Bank Visa 101-431 101-431-4221-000 26.79 113782 AllState Peterbilt of Rogers/26-03425-023 Air Brake Hose #413 Walser Polar Chevrolet 101-431 101-431-4221-000 74.99 113781 Hose clamps and thermostat Grainger 101-431 101-431-4240-000 83.50 113740 Sandblasting hood U.S. Bank Visa 101-431 101-431-4240-000 249.56 113782 Ebay/4 - 18volt Milwaukee Batteries U.S. Bank Visa 101-431 101-431-4240-000 259.98 113782 Fleet Farm/2 - 55 gallon barrel drum pumps for pumping fluids Auto Nation Ford White Bear Lake 101-431 101-431-4300-000 1,637.87 113719 Cooling system repair #394 Auto Nation Ford White Bear Lake 101-431 101-431-4300-000 1,094.50 113719 Steering and suspension repairs #255 Cartegraph Systems Inc. 101-431 101-431-4300-000 3,000.00 113724 OMS Platform - Enterprise Lano Equipment 101-431 101-431-4300-000 312.96 113749 Toolcat snowblower repair U.S. Bank Visa 101-431 101-431-4300-000 84.00 113782 Discount Tire/4 tires for #505 Emergency Apparatus Maintenance 101-431 101-431-4410-000 759.45 113733 Inspection #611 Emergency Apparatus Maintenance 101-431 101-431-4410-000 14,434.97 113733 Install LED headlights wiper blades various repairs #610 Emergency Apparatus Maintenance 101-431 101-431-4410-000 6,977.67 113733 Install LED headlights wiper blades various repairs #609 Emergency Apparatus Maintenance 101-431 101-431-4410-000 645.43 113733 Routine maintenance #620 101-431 Total 35,990.66 Image Printing & Graphics Inc 101-432 101-432-4200-000 56.00 113743 'All Other Business' sign for Elections Innovative Office Solutions LLC 101-432 101-432-4200-000 89.54 113744 Office supplies - envelopes tape note pads U.S. Bank Visa 101-432 101-432-4200-000 5.26 113782 Amazon/Charger cable for J. Boonstra U.S. Bank Visa 101-432 101-432-4200-000 11.91 113782 Amazon/Febreeze air freshener - City Hall Restrooms U.S. Bank Visa 101-432 101-432-4200-000 22.40 113782 The Home Depot/Brown rubber mulch - City Hall U.S. Bank Visa 101-432 101-432-4200-000 8.99 113782 Amazon/Printer cable replacement U.S. Bank Visa 101-432 101-432-4200-000 31.99 113782 Amazon/Stylus pen - M. Sawyer U.S. Bank Visa 101-432 101-432-4200-000 29.99 113782 Amazon/Adesso Imouse - M. Sawyer Page 3 AP Checks by Account Number 1/25/2021 City Council Meeting Vendor Fund/Dept Account Amount Check # Description ACE Supply Company Inc. 101-432 101-432-4211-500 2,030.98 113711 Replacement of 2 shop heaters Frattallone's/Circle Pines Ace 101-432 101-432-4211-500 16.28 113736 Drill U.S. Bank Visa 101-432 101-432-4211-500 799.15 113782 The Home Depot/Refrigerator U.S. Bank Visa 101-432 101-432-4211-500 -53.15 113782 The Home Depot/Refund sales tax Frattallone's/Circle Pines Ace 101-432 101-432-4211-501 2.99 113736 Battery - 12v Menards - Forest Lake 101-432 101-432-4211-501 63.92 113757 Light bulbs All Seasons Rental Inc. 101-432 101-432-4211-503 42.80 113713 Saw rental U.S. Bank Visa 101-432 101-432-4211-503 60.54 113782 Amazon/Light bulbs for council chambers Anoka County Treasury Office 101-432 101-432-4300-500 75.00 113716 Site 115 Jan 2021 Cac Fiber Anoka County Treasury Office 101-432 101-432-4300-501 75.00 113716 Site 116 Jan 2021 Cac Fiber Life Safety Systems Inc. 101-432 101-432-4300-502 325.00 113754 Annual monitoring charge 1/1/21-12/31/21 Anoka County Treasury Office 101-432 101-432-4300-503 75.00 113716 Site 117 Jan 2021 Cac Fiber Life Safety Systems Inc. 101-432 101-432-4300-503 325.00 113754 Annual monitoring charge 1/1/21-12/31/21 Comcast 101-432 101-432-4321-502 344.90 113730 Phone & Internet - 1710 Birch Street Connexus Energy 101-432 101-432-4381-500 1,383.24 113731 Electric CenterPoint Energy 101-432 101-432-4383-500 321.34 113726 Natural Gas-1187 Main Street CenterPoint Energy 101-432 101-432-4383-500 279.22 113726 Natural Gas-1189 Main Street CenterPoint Energy 101-432 101-432-4383-500 260.12 113726 Natural Gas-1189 Main Street CenterPoint Energy 101-432 101-432-4383-501 453.50 113726 Natural Gas-7741 Lake Drive CenterPoint Energy 101-432 101-432-4383-502 302.90 113726 Natural Gas-1710 Birch Street Centennial Utilities 101-432 101-432-4383-503 2,647.23 113725 Natural Gas-600 Town Center Pkwy Ace Solid Waste Inc. 101-432 101-432-4384-500 360.50 113710 Trash & Recycling - 1189 Main Street Ace Solid Waste Inc. 101-432 101-432-4384-500 62.71 113710 Commingle Recycling 1189 Main Street Ace Solid Waste Inc. 101-432 101-432-4384-501 133.31 113710 Can Recycling Fire Station #1 Ace Solid Waste Inc. 101-432 101-432-4384-501 80.33 113710 Trash & Recycling - 7741 Lake Drive Ace Solid Waste Inc. 101-432 101-432-4384-502 148.74 113710 Trash & Recycling - 1710 Birch Street Ace Solid Waste Inc. 101-432 101-432-4384-502 124.73 113710 Can Recycling Fire Station #2 Ace Solid Waste Inc. 101-432 101-432-4384-503 434.80 113710 Trash & Recycling - 640 Town Center Pkwy Republic Services #899 101-432 101-432-4384-503 138.39 113770 January 2021 Organic Recycling - City Hall Bureau of Criminal Apprehension 101-432 101-432-4410-000 133.00 113706 Background check for janitorial staff Aramark Uniform & Career Apparel Group Inc. 101-432 101-432-4410-502 198.36 113717 Mats Nardini Fire Equipment Co 101-432 101-432-4410-503 142.61 113763 Fire extinguisher inspection 101-432 Total 12,044.52 Cartegraph Systems Inc. 101-450 101-450-4300-000 1,500.00 113724 OMS Platform - Enterprise Press Publications Inc. 101-450 101-450-4300-000 103.43 113769 Notice of Public Hearing Oaks of Lino Park Vacate U.S. Bank Visa 101-450 101-450-4321-000 81.46 113782 Verizon/Phone & Internet Connexus Energy 101-450 101-450-4381-000 69.12 113731 Electric Centennial Utilities 101-450 101-450-4383-000 143.63 113725 Natural Gas-7204 Lake Drive Centennial Utilities 101-450 101-450-4383-000 26.40 113725 Natural Gas-6811 Lake Drive Centennial Utilities 101-450 101-450-4383-000 175.42 113725 Natural Gas-6918 Sunrise CenterPoint Energy 101-450 101-450-4383-000 53.19 113726 Natural Gas-6520 Pheasant Run CenterPoint Energy 101-450 101-450-4383-000 21.99 113726 Natural Gas-1179 Main Street Ace Solid Waste Inc. 101-450 101-450-4384-000 0.00 113710 Trash & Recycling - Sunrise Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 113745 Toilet Rental - Birch Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 113745 Toilet Rental - City Hall Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 113745 Toilet Rental - Sunrise Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 113745 Toilet Rental - Lino Park 101-450 Total 2,414.64 U.S. Bank Visa 101-461 101-461-4321-000 46.45 113782 Verizon/Phone & Internet U.S. Bank Visa 101-461 101-461-4330-000 150.00 113782 University of Minnesota/Shade Tree Short Course 101-461 Total 196.45 Nystrom Publishing Company 101-462 101-462-4340-000 2,201.82 113764 Recycling Saturday postcards Ace Solid Waste Inc. 101-462 101-462-4410-000 190.04 113710 Organic Recycling - Birch Park Ace Solid Waste Inc. 101-462 101-462-4410-000 94.66 113710 Organic Recycling - Clearwater Creek Ace Solid Waste Inc. 101-462 101-462-4410-000 108.22 113710 Organic Recycling - Lino Park Ace Solid Waste Inc. 101-462 101-462-4410-000 236.21 113710 Organic Recycling - Marshan Park Freimuth Enterprises LLC 101-462 101-462-4410-000 375.00 113737 Recycling Saturday 101-462 Total 3,205.95 U.S. Bank 341-470 341-470-6030-000 450.00 113780 Water Utility Revenue Bonds 2016A 341-470 Total 450.00 U.S. Bank 342-470 342-470-6030-000 450.00 113780 Improvement Refunding Bonds 2016B 342-470 Total 450.00 U.S. Bank 343-470 343-470-6030-000 450.00 113780 Abatement Ref Bonds 2016C Page 4 AP Checks by Account Number 1/25/2021 City Council Meeting Vendor Fund/Dept Account Amount Check # Description 343-470 Total 450.00 U.S. Bank 344-470 344-470-6030-000 500.00 113780 Bonds 2018A 344-470 Total 500.00 Advanced Graphix Inc. 402-420 402-420-5000-000 395.00 113712 Kit Custom Reflective Graphics #317 Emergency Automotive Technologies 402-420 402-420-5000-000 4,799.39 113734 Squad #317 - Replaces #383 in 2020 Capital Equipment Emergency Automotive Technologies 402-420 402-420-5000-000 7,448.55 113734 Squad #317 - Replaces #383 in 2020 Capital Equipment 402-420 Total 12,642.94 Landmark Structures 406-499 406-499-4400-127 17,983.50 113748 Water Tower No. 3 Landmark Structures 406-499 406-499-4400-127 142,818.25 113748 Water Tower No. 3 406-499 Total 160,801.75 Kennedy & Graven Chartered 418-499 418-499-4301-000 256.25 113746 November & December Legal 418-499 Total 256.25 Sauter & Sons Inc 420-499 420-499-4400-000 14,500.00 113771 Demolition - 7685 Lake Dr 420-499 Total 14,500.00 Haugo Geo Technical Services LLC 421-499 421-499-4300-133 5,060.00 113741 2020 Street Rehab 421-499 Total 5,060.00 Anoka County Property Records & Taxation 474-499 474-499-4300-082 46.00 113715 Release of Deferred Assessment 474-499 Total 46.00 U.S. Bank Visa 484-499 484-499-4300-000 21.10 113782 USPS/Shipped Lino Lakes 2040 Comp Plan to Metropolitan Council 484-499 Total 21.10 Haugo Geo Technical Services LLC 486-499 486-499-4300-000 3,839.00 113741 East Cedar St/Elmcrest Ave 486-499 Total 3,839.00 City of Shoreview 601-000 601-000-2140-000 17.01 113728 4th Qtr 2020 Utilities MN Department of Health 601-000 601-000-2140-000 12,167.00 113762 4th Qtr 2020 Water Connection Fee 601-000 Total 12,184.01 Curtis 1000 Inc. 601-494 601-494-4200-000 839.72 113732 UB Statements U.S. Bank Visa 601-494 601-494-4200-000 14.99 113782 Amazon/Flash drive case U.S. Bank Visa 601-494 601-494-4211-000 62.44 113782 Amazon/Respirator filters head lamps Hawkins Inc. 601-494 601-494-4222-000 25.00 113742 150 Lb Chlorine Cylinder U.S. Bank Visa 601-494 601-494-4240-000 329.00 113782 The Home Depot/Hammer drill U.S. Bank Visa 601-494 601-494-4240-000 185.97 113782 Amazon/30" Shovels Cartegraph Systems Inc. 601-494 601-494-4300-000 3,000.00 113724 OMS Platform - Enterprise Sycom Inc. 601-494 601-494-4300-000 5,000.00 113776 Well 3 SCADA Software for DSL Link Upgrade City of Roseville 601-494 601-494-4310-000 729.00 113727 January 2021 IT Services U.S. Bank Visa 601-494 601-494-4321-000 207.93 113782 Verizon/Phone & Internet U.S. Bank Visa 601-494 601-494-4321-000 46.45 113782 Verizon/Phone & Internet Circle Pines Post Office 601-494 601-494-4322-000 330.05 113705 Utility Billing Postage Petty Cash - Kellie Schmidt 601-494 601-494-4322-000 0.92 113767 Additional postage Connexus Energy 601-494 601-494-4381-000 2,968.10 113731 Electric City of Shoreview 601-494 601-494-4382-000 428.45 113728 4th Qtr 2020 Utilities CenterPoint Energy 601-494 601-494-4383-000 17.06 113726 Natural Gas-6774 Black Duck Drive CenterPoint Energy 601-494 601-494-4383-000 42.50 113726 Natural Gas-6786 Clearwater Creek CenterPoint Energy 601-494 601-494-4383-000 45.53 113726 Natural Gas-6482 Pheasant Run S CenterPoint Energy 601-494 601-494-4383-000 51.87 113726 Natural Gas-1180 Birch Street SBRK Finance Holdings Inc 601-494 601-494-4410-000 334.50 113772 December UB Web Payments Trans Fee/Active Acct Fee 601-494 Total 14,659.48 Curtis 1000 Inc. 602-495 602-495-4200-000 839.72 113732 UB Statements Cartegraph Systems Inc. 602-495 602-495-4300-000 3,000.00 113724 OMS Platform - Enterprise City of Roseville 602-495 602-495-4310-000 729.00 113727 January 2021 IT Services U.S. Bank Visa 602-495 602-495-4321-000 122.91 113782 Verizon/Phone & Internet Circle Pines Post Office 602-495 602-495-4322-000 330.05 113705 Utility Billing Postage Petty Cash - Kellie Schmidt 602-495 602-495-4322-000 0.93 113767 Additional postage Connexus Energy 602-495 602-495-4381-000 744.01 113731 Electric City of Shoreview 602-495 602-495-4382-000 1,373.18 113728 4th Qtr 2020 Utilities Centennial Utilities 602-495 602-495-4383-000 20.01 113725 Natural Gas-Sunrise CenterPoint Energy 602-495 602-495-4383-000 18.38 113726 Natural Gas-2200 E. Cedar Street CenterPoint Energy 602-495 602-495-4383-000 20.40 113726 Natural Gas-6666 Black Duck Drive CenterPoint Energy 602-495 602-495-4383-000 21.85 113726 Natural Gas-2028 Cypress Street CenterPoint Energy 602-495 602-495-4383-000 18.38 113726 Natural Gas-1473 Snow Goose Trail CenterPoint Energy 602-495 602-495-4383-000 21.08 113726 Natural Gas-6300 Laurene Ave Met Council Environmental Services 602-495 602-495-4405-000 82,374.02 113758 February Waste Water Services SBRK Finance Holdings Inc 602-495 602-495-4410-000 334.50 113772 December UB Web Payments Trans Fee/Active Acct Fee U.S. Bank Visa 602-495 602-495-4452-000 23.00 113782 MN Pollution Control Agency/Wastewater renewal cert - T. Paulno Page 5 AP Checks by Account Number 1/25/2021 City Council Meeting Vendor Fund/Dept Account Amount Check # Description 602-495 Total 89,991.42 Anoka County Property Records & Taxation 801-000 801-000-2300-000 46.00 113715 Resolution - Poehling Addition Anoka County Property Records & Taxation 801-000 801-000-2300-000 46.00 113715 Resolution - Poehling Addition Bonfe Builders 801-000 801-000-2300-000 490.71 113720 Escrow Closure - 87 Lilac Street - Concept Plan Larson Jeremy & Amy 801-000 801-000-2300-000 915.91 113750 Escrow Closure - Lundgren-Larson Minor Subdivision Premier Custom Homes 801-000 801-000-2318-000 3,400.00 113768 Escrow Release - 546 Arlo Ln Anoka County Property Records & Taxation 801-000 801-000-2323-103 46.00 113715 Resolution 801-000 Total 4,944.62 Landbridge Ecological 810-499 810-499-4410-000 5,500.00 113747 Foxborough Restoration 810-499 Total 5,500.00 Grand Total 679,119.19 Page 6 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting January 25, 2021 Transfer In/(Out) 12/31/2020 Council Payroll (3,304.93) 12/31/2020 Council PERA (367.62) 1/4/2021 HSA Bank ER Contribution (5,999.85) 1/4/2021 Council Federal Deposit (196.60) 1/4/2021 Council State (43.95) 1/6/2021 Wire from 4M (Gen Acct) 300,000.00 1/8/2021 Payroll #01 (134,835.83) 1/8/2021 Payroll #01 Federal Deposit (41,299.97) 1/8/2021 Payroll #01 PERA (43,936.81) 1/8/2021 Payroll #01 State (9,403.56) 1/8/2021 Payroll #01 Child Support (276.29) 1/8/2021 Payroll #01 H.S.A. Bank Pretax (3,293.95) 1/8/2021 Payroll #01 TASC Pretax (749.96) 1/8/2021 Payroll #01 ICMA 457 Def. Comp #301596 (3,815.00) 1/8/2021 Payroll #01 ICMA Roth IRA #706155 (510.75) 1/8/2021 Payroll #01 MSRS HCSP #98946-01 (1,746.09) 1/8/2021 Payroll #01 MSRS Def. Comp #98945-01 (3,185.00) 1/8/2021 Payroll #01 MSRS Roth IRA #98945-01 (660.00) 1/15/2021 Building Permit Surcharge (3,241.08) 1/20/2021 Sales & Use Tax (713.00) CITY COUNCIL WORK SESSION DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : January 4, 2021 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 6:45 p.m. 6 MEMBERS PRESENT : Council Member Stoesz, Lyden, Ruhland, 7 Cavegn and Mayor Rafferty 8 MEMBERS ABSENT : None 9 Staff members present: Community Development Director Michael Grochala; Director 10 of Public Safety John Swenson; Public Services Director Rick DeGardner, City Engineer 11 Diane Hankee; City Clerk Julie Bartell 12 13 1. Storm Water Utility Proposal – Community Development Director Grochala 14 recalled the council’s direction to seek a proposal to establish a storm water utility for the 15 City. He noted that WSB & Associates has submitted a proposal to prepare a report on 16 the feasibility of a project. He introduced Bob Barth, WSB & Associates, who was 17 present to answer questions. 18 19 Mayor Rafferty asked for general information on storm water utility and its use by other 20 jurisdictions in the area. He is aware that the Vadnais Lakes Area Water Management 21 Organization (VLAWMO) does have a storm water utility. 22 23 Community Development Director Grochala said, if the council approves the completion 24 of a study, more specific information will be provided to the City. He noted other cities 25 in the area that have the utility. The study will look at the budgetary cost for the City’s 26 storm water system and converting that cost so it is charged based on impervious 27 surfaces. A fee would be established and would have different levels, i.e. single family 28 would be different from industrial use. 29 30 The mayor asked for more information on costs that will and could be identified, i.e. the 31 cost of a street sweeper. Mr. Grochala replied that the utility would have a budget for 32 capital costs. Mr. Barth pointed out that the cost of pond dredging is something that 33 could be covered; that is not currently being done and it is something that he expects will 34 soon be mandated by the State. Mr. Grochala noted the high number of storm water 35 ponds present in the City and associated costs; adding dredging will be an expensive 36 addition. Mr. Barth remarked that establishment of a utility allows the City to charge for 37 use/impact on the system. Further Mr. Barth noted that the utility is generally funded in 38 a transparent manner that is clear because it is a separate fund. 39 40 Councilmember Ruhland asked about maintenance of ponds when they go quite dry. 41 Some elements of pond maintenance are storm water maintenance. 42 43 CITY COUNCIL WORK SESSION DRAFT 2 Councilmember Stoesz asked if there is a precedent on any charges to people who have 44 wells. Mr. Grochala said he believes that generally charges apply when they do 45 something like a ditch project. Mr. Grochala added that currently any property that is tax 46 exempt is not paying the City for storm water maintenance but they would generally be 47 included in a utility. Mr. Barth pointed out that government entities such as MnDOT and 48 Anoka County would usually be exempt. Mr. Barth explained that land use is a part of 49 consideration but an appeal process is also usually included. Councilmember Stoesz 50 asked if there is an estimate of revenue and Mr. Grochala replied that years ago that figure 51 was $500,000 annually. 52 53 Councilmember Lyden asked how ditches would be impacted and also noted that he has 54 an expectation that the City’s fee will be in line with surrounding area charges. Mr. 55 Grochala explained that there are different types of ditches so some would be included in 56 maintenance (new improvements would not be covered by this utility). 57 58 The council will consider an action at the next council meeting. 59 60 2. Zoning Ordinance Update – Consultant Services – Community Development 61 Director Grochala noted the completion of the City’s comprehensive plan update. It 62 would be appropriate to now move forward in updating the City’s zoning code 63 accordingly. He reviewed areas that would be included in an update process (see staff 64 report). In the past the City has used the services of Landform but he would like to know 65 if staff should approach that company or do a request for services. Councilmember 66 Stoesz asked why the process can’t be done in house and Mr. Grochala explained the 67 complexity of the process and his recommendation to get outside help; staff would 68 however work hand in hand with a consultant throughout the process. 69 70 Councilmember Stoesz asked if staff has an idea of a not to exceed amount for the work; 71 Mr. Grochala offered that there is $25,000 in the current budget. 72 73 Mayor Rafferty asked if there any danger in seeking additional quotes for the service. 74 Mr. Grochala noted that the biggest thing to consider in that area would be familiarity. 75 Mayor Rafferty said he’s comfortable with Landform; there was no objection from the 76 council. 77 78 3. Annual Appointments – Mayor Rafferty noted that the list coming forward is 79 concurrent with the past year. The council did not have any questions. Councilmember 80 Stoesz noted that he is employed by US Bank although he understands that he can vote 81 for the depositories because he doesn’t have any direct consideration in his job duties. 82 83 4. Annual EDA Appointments – Mayor Rafferty suggested that the council 84 continue with the past practice of moving council members up through these positions, 85 which would mean the following EDA appointments: 86 87 Chris Lyden – President 88 CITY COUNCIL WORK SESSION DRAFT 3 Michael Ruhland – Vice President 89 Tony Cavegn - Treasurer 90 91 5. Council Updates on Boards/Commissions – There were no updates. 92 93 6. Review Regular Agenda of January 11, 2021 94 95 Item 5A, Vacating Oaks of Lino Lakes Park Property - Director DeGardner explained the 96 recommendation to vacate a strip of property that is no longer needed. A 97 recommendation to do so comes forward from the Park Board. The adjacent property 98 owners will split the vacated land. 99 100 Item 6A, Denying a Setback Variance for Deck at 842 Lois Lane – Mayor Rafferty noted 101 that the property owner should be aware that this is coming forward. 102 103 Not on Printed Agenda – Community Development Director Grochala had sent a 104 message to the council including the YMCA’s notice of their intent to convey the Lino 105 Lakes facility back to the City by March 1, 2021. He reminded the council that the City 106 will be receiving the results of a study soon that evaluates future operations of the facility. 107 Staff will continue to work with Isaac Sports Group on that study as planned. In the 108 meantime staff will be keeping the council aware and providing information on what is 109 involved in the facility transitioning from YMCA ownership to the City. 110 Councilmember Ruhland asked if there is any recourse for the City other than taking 111 ownership of the property and Mr. Grochala indicated that is the recourse that is allowed 112 under contract. Mayor Rafferty remarked that the City’s elected officials that dealt with 113 the development of the facility along with staff at that time (in particular Mr. Grochala) 114 made sure the City was covered and it’s important this council does the same good work 115 in this process. 116 117 Councilmember Lyden asked that the council continue to attempt to establish a time for a 118 goal setting session. 119 120 The meeting was adjourned at 6:45 p.m. 121 122 These minutes were considered, corrected and approved at the regular Council meeting held on 123 January 25, 2021. 124 125 126 127 128 Julianne Bartell, City Clerk Rob Rafferty, Mayor 129 130 COUNCIL MINUTES DRAFT 1 1 LINO LAKES CITY COUNCIL 2 REGULAR MEETING 3 MINUTES 4 5 DATE : January 11, 2021 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:22 p.m. 8 MEMBERS PRESENT : Councilmember Stoesz, Lyden, 9 Ruhland, Cavegn and Mayor Rafferty 10 MEMBERS ABSENT : 11 12 Staff members present: City Administrator Sarah Cotton; Community Development Director 13 Michael Grochala; City Planner Katie Larsen; Public Services Director Rick DeGardner; Human 14 Resource Manager Meg Sawyer; City Clerk Julie Bartell 15 16 PUBLIC COMMENT 17 There were no public comments. 18 SETTING THE AGENDA 19 The agenda was approved as presented. 20 CONSENT AGENDA 21 Councilmember Lyden moved to approve the Consent Agenda, Items 1A through 1C as presented. 22 Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 23 24 ITEM ACTION 25 Consideration of Expenditures: 26 A) January 11, 2021 (Check No. 113646 through 113704) 27 in the Amount of $276,534.75 Approved 28 B) Consider Approval of December 28, 2020 Council 29 Work Session Minutes Approved 30 C) Consider Approval of December 28, 2020 Council 31 Minutes Approved 32 FINANCE DEPARTMENT REPORT 33 There was no report from the Finance Department. 34 ADMINISTRATION DEPARTMENT REPORT 35 3A) Consider Approval of Annual Appointments for 2021 – City Administrator Cotton noted 36 that the council annually approves a list of appointments and designations. She mentioned that the 37 council reviewed this year’s list at the last worksession and she noted changes from the previous 38 year. 39 COUNCIL MINUTES DRAFT 2 Carter Johnson, publisher of the Quad Community Press. The paper has served the City for many 40 years in the past and they are thrilled to be selected to continue that service. He noted the number 41 of people that the paper serves. He noted the commmunity resident guide they produce. They 42 make the paper available to anyone who requests and they reach twenty percent of the population. 43 Councilmember Cavegn moved to approve the list of appointments for 2021. Councilmember 44 Stoesz seconded the motion. Motion carried on a voice vote. 45 B) Consider Appointment of Public Safety Record Technician – Meg Sawyer, Human 46 Resources Manager, reviewed the staff recommendation to appoint Jessica Crowe to this vacant 47 position. Ms. Crowe’s qualifications and a review of the hiring process is included in the written staff 48 report. 49 Councilmember Lyden moved to approve the appointment of Jessica Crowe as recommended. 50 Councilmember Stoesz seconded the motion. Motion carried on a voice vote. 51 PUBLIC SAFETY DEPARTMENT REPORT 52 There was no report from the Public Safety Department. 53 PUBLIC SERVICES DEPARTMENT REPORT 54 5A) Public Hearing: Consider 1st Reading of Ordinance No. 01-21 Vacating Oaks of Lino 55 Park Property – Public Services Director DeGardner reported on his recommendation that the 56 council hold a public hearing on an ordinance that would vacate the Oaks of Lino Lakes property. 57 This vacation comes forward as a recommendation from the City’s Park Board. Mayor Rafferty 58 noted that he was in attendance when the Park Board discussed this matter. 59 Mayor Rafferty opened the public hearing. 60 There being no one present wishing to speak, the public hearing was closed. 61 Councilmember Stoesz moved to approve the 1st Reading of Ordinance No. 01-21 as presented. 62 Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 63 COMMUNITY DEVELOPMENT REPORT 64 6A) Consider Resolution No. 20-131 Denying a Setback Variance for a Deck at 842 Lois 65 Lane - City Planner Larsen reviewed a PowerPoint presentation including information on: 66 - Background that brings forward a request for a setback variance; 67 - Review of City discussion of the matter; 68 - Note that the state building code requirement calls for the setback; 69 - Aerial map of the site and plan showing proposed deck; 70 - The current deck is not legal; 71 - Current zoning and setback requirement noted; 72 - What’s being proposed for construction – to keep or replace existing deck and extend that 73 structure; 74 - Zoning Ordinance speaks to deck construction in two sections; 75 COUNCIL MINUTES DRAFT 3 - An option was presented that would be allowed; 76 - Findings of Fact were reviewed; 77 - Staff and Planning and Zoning Board recommendation to deny the setback variance request. 78 Mayor Rafferty mentioned the grandfather rule; the applicant would be allowed to vary the current 79 setback requirement from current standards but not to the level he requests. 80 Brian Rydlund, 842 Lois Lake. He thanked the council for coming out to his property and looking 81 at the structure. He awaits the council’s decision and the logic behind their vote. 82 Councilmember Ruhland asked if there is a variance in the full length of the deck to the lot line and 83 Mr. Rydlund said yes, but it is marginal 84 Councilmember Lyden explained his perspective. This deck has been present for thirty years and 85 there has never been a complaint or problem related to the structure. The issue of health and safety 86 is being identified as the five foot setback. He has sent pictures of other properties (shown on 87 screen) with thirteen feet between homes. If the question is safety (fire), his examples would 88 present the same issue. A picture of the applicant’s property was shown with more space between. 89 He feels confident the neighbor’s will not be building a deck. 90 Councilmember Lyden moved to approve the variance but only with a minimum of ten feet distance 91 between structures to be maintained now and in the future. 92 Mayor Rafferty said he has visited the site several times and has looked from different views. He 93 feels that he must recognize that there are rules in place and they must be taken seriously. Is it 94 wrong for the applicant to come forward and request a variance – of course not. There is a way to 95 move forward in a modified manner. The mayor said he would not support a variance. 96 Councilmember Cavegn said he has visited the site as well. The applicant did not cause the 97 problem but yet the deck falls outside of regulations. He is concerned about how the City can 98 prevent something like this from happening again? The applicant is just trying to improve his 99 property. City Planner Larsen noted that residents are encouraged to contact City Hall before 100 projects. Ms. Larsen added that the neighbor maintains the right to use their setback and it could 101 impact the space between properties. 102 Councilmember Stoesz remarked that he has concern that Councilmember’s Lyden motion would 103 not stay workable in the future. 104 Councilmember Stoesz moved to approve Resolution No. 20-131 as presented. 105 Ruhland asked is it possible that the homeowner could have a structure that hinged up? Ms. Larson 106 said that would still be a structure and it would not comply. 107 Councilmember Ruhland seconded the Stoesz motion. 108 Councilmember Lyden argued that this is a question about one resident and one situation. If the 109 City can’t work out something for this resident, that represents government being too large. The 110 council has an obligation to use common sense in making these decisions. 111 Motion carried on a voice vote. Councilmember Lyden recorded as voting no. 112 6B) Consider Resolution No. 20-02, Authorizing Preparation of Storm Water Utility 113 Feasibility Study - Community Development Director Grochala noted that the resolution authorizes 114 a study. He pointed out that the council has discussed this option and the elements of establishing a 115 COUNCIL MINUTES DRAFT 4 utility. WSB & Associates has submitted a proposal to prepare a feasibility study to be funded 116 through the storm water management fund. 117 Councilmember Stoesz asked when the budget impact of an established utility would occur. Staff 118 suggested that with the feasibility study planned for early this year, the utility could be place for 119 2022. 120 Councilmember Ruhland moved to approve Resolution No. 20-02 as presented. Councilmember 121 Cavegn seconded the motion. Motion carried on a voice vote. 122 UNFINISHED BUSINESS 123 There was no Unfinished Business. 124 125 NEW BUSINESS 126 There was no New Business. 127 128 COMMUNITY EVENTS 129 There were no events announced. 130 COMMUNITY CALENDAR 131 Community Calendar – A Look Ahead 132 January 11, 2021 through January 25, 2021 133 Tuesday, January 12 6:00 pm, Zoom Advisory Board Interviews 134 Wednesday, January 13 6:30 pm, Zoom Planning & Zoning Board 135 Thursday, January 14 6:00 pm, Zoom Advisory Board Interviews 136 Monday, January 18 CITY HALL CLOSED Martin Luther King 137 Monday, January 25 6:00 pm, Council Chambers Council Work Session 138 Monday, January 25 6:30 pm, Council Chambers City Council Meeting 139 140 ADJOURN 141 142 There being no further business, Councilmember Stoesz moved to adjourn at 7:22 p.m. 143 Councilmember Lyden seconded the motion. Motion carried on a voice vote. 144 145 These minutes were considered and approved at the regular Council Meeting on January 25, 2021. 146 147 148 149 150 Julianne Bartell, City Clerk Rob Rafferty, Mayor 151 152 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 Page 1 of 3 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 2 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] 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: ________________________ Rob Rafferty, Its Mayor By: ________________________ 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 Landlord’s 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: Annual Total Net Rent Net Rent Monthly Months Sq. Ft. Per Sq. Ft. Per Period 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. (l) 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 EXHIBIT A Leased Premises 18 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. 20 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. 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 Item 3C, Attach 1 COVID-19 Medical and Personal Leave of Absence Policy Updated December 29, 2020 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. 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 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 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. 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 ______________________________ Mayor Rob Rafferty Date: ___________, 2021 ______________________________ John Swenson Public Safety Director 1 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. 2 RECOMMENDATION Staff is recommending approval of the 2nd reading, summary publication and land conveyance. ATTACHMENTS 1. Ordinance No. 01-21 2. Resolution No. 21-03 3. Resolution No. 21-04 1 1st 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. 2 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: ____________________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk PARCEL B PARCEL A 7.5' 7.5' 7.5'7.5' N SCALE IN FEET 0 6030 G:\Group Data\Municipal\Clients - Cities - Counties\Lino Lakes\Projects - Misc\ParkTurnback.dwg 1/7/2021 11:22:20 AMOAKS OF LINO DEDICATED PARK TURNBACK CITY OF LINO LAKES EXHIBIT A 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. 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: ______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk PARCEL B PARCEL A 7.5' 7.5' 7.5'7.5' N SCALE IN FEET 0 6030 G:\Group Data\Municipal\Clients - Cities - Counties\Lino Lakes\Projects - Misc\ParkTurnback.dwg 1/7/2021 11:22:20 AMOAKS OF LINO DEDICATED PARK TURNBACK CITY OF LINO LAKES EXHIBIT A 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. 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: 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 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 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 SITE 1 6998 BLACK DUCK DRIVE WSB Project No. R-015935 2020 SURFACE WATER MAINTENANCE PROJECT POND MAINTENANCE - SEDIMENT REMOVALBLACK DUCK DR IVE 6998 6996 701 Xenia Avenue South, Suite 300 www.wsbeng.com Minneapolis, MN 55416 763-541-4800 - Fax 763-541-1700 6986 6988 SITE 2 BRANDYWOOD ESTATES WSB Project No. R-015935 2020 SURFACE WATER MAINTENANCE PROJECT POND MAINTENANCE - SEDIMENT REMOVAL 1218 1212 701 Xenia Avenue South, Suite 300 www.wsbeng.com Minneapolis, MN 55416 763-541-4800 - Fax 763-541-1700 1205 1211 12TH AVENUEBUCKTHORN LANE SITE 3 CIVIC COMPLEX WSB Project No. R-015935 2020 SURFACE WATER MAINTENANCE PROJECT POND MAINTENANCE - SEDIMENT REMOVAL701 Xenia Avenue South, Suite 300 www.wsbeng.com Minneapolis, MN 55416 763-541-4800 - Fax 763-541-1700 600TOWN CENTER PARKWAY 1 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Diane Hankee, PE City Engineer MEETING DATE: January 25, 2021 TOPIC: Consider Resolution No. 21-05, Approving Maintenance Agreement for Channel Crossing, Nature’s Refuge VOTE REQUIRED: 3/5 INTRODUCTION 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 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 1 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 2 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 ________________________ 3 Exhibit A [SITE PLAN/MAP WITH STRUCTURE LABELLED] STORM SEWER9159109059008958908858809209159109059008958908859208PREFERRED BUILDERS, INC.6750 Stillwater Boulevard N, Suite #4Stillwater, MN 55082ofNATURES REFUGELino Lakes, MNof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\5401 - 5420\5412 - natures refuge\cad\engineering\fnl-plans\utility\5412_utility.dwgSave Date:08/27/20environmentalengineeringsurveying···22Revisions:1. 6/12/19 per City Comments.Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota5/13/19KRO5/13/19Brian J. Krystofiak, P.E.25063BJK2. 1/16/20 per City Comments915910905900895890885880920BENCHMARK3. 8/14/20 Remove Beaver Prevention Device Per Watershed4. 8/26/20 Remove Rip-Rap from ditch