HomeMy WebLinkAbout01/11/2010 Council PacketEXPANDED AGENDA
CITY COUNCIL AGENDA
Monday, January 11, 2010
6:30 p.m.
(Scheduled to be broadcast on Channel 16)
City Council: Mayor Reinert, Council Members O'Donnell, Gallup, Roeser, & Rafferty
Acting City Administrator: Dan Tesch
Council Work Room (not televised)
Special Closed Work Session regarding labor negotiations
TY COUNCIL MEET!I
➢ Oath of Office — Mayor Reinert; Council Members O'Donnell & Rafferty
➢ Call to Order — 6:35 P.M.
➢ Roll Call
All Present — Council Members Gallup, O'Donnell, Rafferty, Roeser and
Mayor
Reinert
➢ Pledge of Allegiance
➢ Open Mike / Public Comment
James Landsberger read a statement regarding the need for improvements to
the intersection of County Rd. 14 and I -35W; Staff directed to provide an
update on the intersection at the next regular work session
Michelle Miron, Quad Community Press Managing Editor, thanked the City
for using the Quad as the legal newspaper of the city and expressed interest in
maintaining that relationship
➢ Setting the Agenda: Addition or deletion of agenda items
A) Consideration of Expenditures:
i) January 11, 2010 (Check No. 87446 through
87525) in the amount of $185,199.65;
ii) Centennial Fire District (Check No. 4117 through
4128) in the amount of $17,298.10
B) Consider approval of December 28, 2009 Council Work Session Pg 18 -19
Minutes
Pg 3 -17
C) Consider approval of. December 28, 2009 City Council Meeting Pg 20 -23
Minutes
Council Agenda
-2-
EXPANDED AGENDA
January 11, 2010
Action Taken: Motion by Gallup, seconded by O'Donnell, to
approve the Consent Agenda, Items 1A through 1C, was adopted
SIT REPO
4
No reports
AD INISTRAT N DEPARTMENT REPORT, Dan Tesch
A) Consider Annual Appointments
Action Taken: Motion by Rafferty, seconded by Gallup, to
approve the appointments as presented, was adopted
B) Consider Memorandum of Understanding extending Local 49
(public works employees) labor agreement for one year with
negotiated amendments Postponed 12/28/2009
Action Taken: Motion by Gallup, seconded by Roeser, to
approve the agreement as presented lost (Yeas, 2; Nays 3)
C) Consider Memorandum of Understanding extending AFSCME
Local 2454 labor agreement for one year with negotiated
amendments Postponed 12/28/2009
Action Taken: Motion by Gallup, seconded by Roeser, to
approve the agreement as presented lost (Yeas, 2; Nays 3)
D) Consider Memorandum of Understanding regarding L.E.L.S.
Local 299 (police officers) current labor agreement
Postponed 12/28/2009
Action Taken: Motion by Rafferty, seconded by O'Donnell, to
postpone (indefinitely) consideration of the agreement, was adopted
E) Consider Memorandum of Understanding regarding L.E.L.S.
Local 260 (police sergeants) current labor agreement
Postponed 12/28/2009
Action Taken: Motion by Rafferty, seconded by Roeser, to
postpone (indefinitely) consideration of the agreement, was adopted
PUBLIC: SAFE1
No reports
PUBLIC SERVICES DEPARTMENT REPORT, Rick DeGardner
w ,
A) Consider Resolution No. 09 -119, Approving Clear Wireless LLC
Communication Site Lease Agreement
Action Taken: Motion by O'Donnell, seconded by Roeser, to
approve Resolution No. 09 -119 as presented, was adopted
Council Agenda
-3-
EXPANDED AGENDA
January 11, 2010
/ditmUNITII
A) The Boarhouse 7317 & 7319 Lake Drive
i. Consider Resolution No. 10 -03, Approving a Conditional Pg 24 -36
Use Permit for an Automobile Repair Facility and
Accessory Indoor Retail, Paul Bengtson.
Action Taken: Motion by Roeser, seconded by Gallup, to approve
Resolution No. 10 -03 as presented, was adopted
ii. Consider Resolution No. 10 -01, Authorizing Execution Pg 37 -46
of Performance Agreement, James E. Studenski
Action Taken: Motion by Rafferty, seconded by Roeser, to
approved Resolution No. 10 -01 as presented, was adopted
B) Consider Resolution No. 10 02, Ordering Improvements and
Preparation of Plans and Specifications, Pine Street Paving
Improvements, James E. Studenski
None
NEW
None
Adjournment
Action Taken: Motion by O'Donnell to adjourn at 7:10 p.m. was
adopted
Upon adjournment of the regular meeting, the council will be reconvening
as the Economic Development Authority (EDA) for the purpose of conducting the
EDA Annual Meeting (see separate agenda)
Community Calendar — A Look Ahead
January 12, 2010 through January 25, 2010
Wednesday, January 13
Thursday, January 14
Monday, January 18
Monday, January 25
Monday, January 25
meeting cancelled
6:30 pm, Community Room
Martin Luther King Jr. Day
5:30 pm, Community Room
6:30 pm, Council Chambers
Planning & Zoning
Charter Commission
City Hall Closed
Council Work Session
City Council Meeting
•
•
AGENDA ITEM 3 A
STAFF ORIGINATOR: Daniel Tesch, Director of Administration
MEETING DATE: 28 December 2009
TOPIC: City of Lino Lakes and Local 49
VOTE REQUIRED: 3/5
BACKGROUND
The collective bargaining agreement between the City and Local 49 (public works)
expires 31 December 2009. We have negotiated a tentative agreement for 2010 which
extends the provisions in the existing contract with the following adjustments:
• No cost of living adjustment for 2010
• 80 hours of unpaid furlough
• An increase of 20 hours of comp. time that may be accumulated in a year
• Training language regarding the local 49 training center
• The addition of mediation as a step in dispute resolution
In consideration of employee concessions towards 2010 budget relief, the union has
included a clause that no additional layoffs take place within this unit in 2010.
Everyone realizes that uncertainties loom for 2011. This is therefore a one year
agreement.
Local 49 will be voting on this proposal on 28 December.
RECOMMENDATION
Approve the attached draft Memorandum of Understanding.
ATTACHMENTS
Memorandum of Understanding.
DRAFT
MEMORANDUM OF UNDERSTANDING
CITY OF LINO LADS
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL 49, AFL -CIO
CONTRACT EXTENSION & FURLOUGH PLAN
This MEMORANDUM OF UNDERSTANDING is entered into by the EMPLOYER, and the
UNION for the purpose of extending the AGREEMENT dated 1 January 2008 — 31 December
2009.
The EMPLOYER and UNION agree to extend the terms and conditions of employment with the
modifications outlined in this AGREEMENT.
FURLOUGH PLAN: The EMPLOYER and UNION agree to an Eighty (80) Hour unpaid
furlough for the calendar year 2010. Furlough days will be in increments of four (4) Hours and
will be used at the discretion of the EMPLOYEE upon approval of the EMPLOYER No more
than three (3) Furlough Days may be taken in one week. One half of the unpaid leave hours
must be taken by 15 July 2010.
BENEFITS: There will be no change in benefits or loss of accrued leave time due to the
EMPLOYEE taking furlough days. There will be no changes in seniority.
PERA: EMPLOYEES may buy back PERA credits for lost wages with the EMPLOYER
contributing the employer's portion.
PAYROLL: EMPLOYEES will mark furlough days on timecards and pay will be deducted on
an as taken basis.
UNION SECURITY: The EMPLOYER agrees to maintain 16 bargaining unit members for
2010 except if there is a reduction due to attrition.
MONITORING: The UNION will have access to the Finance Director in mid -July to discuss
City financial affairs and the EMPLOYER'S determination of the financial necessity of the
second half of the unpaid leave hours.
•
•
•
•
ARTICLE XI OVERTIME: Section 1. Hours worked in excess of eight (8) within a twenty -
four hour period (except shift changes) or more than forty (40) hours within a seven (7) day
period will be compensated for at one and one -half (1 '/2) times the employee's regular base pay
rate. Compensatory time at time and one -half (1 ' /2) may be taken, at the option of the employee,
as payment of overtime worked, in lieu of money. Once accumulated, employees may use
compensatory time with the prior approval of the Director of Public Services or the Public
Works Superintendent Compensatory time may be accumulated to a maximum of sixty
{4(4) 60) hours. Compensatory time totally more than forty !*wenty (2"` ^ 0 hours will be paid
out at the last pay period of the year. Employees may carry over forty tweet" (20') (40) hours of
compensatory time into the following year.
ARTICLE XII GRIEVANCE PROCEDURE: Step 4. A grievance unresolved in Step 3
and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A
grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days
following the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to
Step 5 by the UNION within ten (10) calendar days shall be considered waived.
ARTICLE XVIII EDUCATIONAL TRAINING: (add the following language)
EMPLOYEES will have the opportunity to attend Phase 1, Phase 2 and Phase 3 training at the
Local 49 training center. Prior approval must be received and money must be appropriated for
the training in the department's annual budget
ARTICLE XXIV DURATION: 1 January 2010 — 31 December 2010
RENEW MOU'S
UPDATE CENTRAL PENSION FUND MOU
FOR THE CITY OF LINO LAKES: FOR IUOE, LOCAL 49
By By
Mayor Area Business Rep.
• By By
City Clerk Steward
-35-
•
•
AGENDA ITEM 3 B
STAFF ORIGINATOR: Daniel Tesch, Director of Administration
MEETING DATE: 28 December 2009
TOPIC: City of Lino Lakes and AFSCME Local 2454
VOTE REQUIRED: 315
BACKGROUND
The collective bargaining agreement between the City and AFSCME Local 2454
expires 31 December 2009. We have negotiated a tentative agreement for 2010 which
extends the provisions in the existing contract with the following adjustments:
• No cost of living adjustment for 2010
• 80 hours of unpaid voluntary salary saving leave
In consideration of employee concessions towards 2010 budget relief, the union has
included a clause that no additional layoffs take place within this unit in 2010.
Everyone realizes that uncertainties loom for 2011_ This is therefore a one year
agreement.
AFSCME members will be voting on this proposal the week of 28 December.
RECOMMENDATION
Approve the attached draft Memorandum of Understanding.
ATTACHMENTS
Memorandum of Understanding.
DRAFT
MEMORANDUM OF UNDERSTANDING
CITY OF LINO LAKES
AND
LOCAL 2454 OF 1'lit, AMERCIAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL,CIO
CONTRACT EXTENSION & VOLUNTARY SALARY SAVING LEAVE POLICY
This MEMORANDUM OF UNDERSTANDING is entered into by the EMPLOYER, and the
UNION for the purpose of extending the AGREEMENT dated 1 January 2008 — 31 December
2009.
The EMPLOYER and UNION agree to extend the terms and conditions of employment without
modification as outlined in the AGREEMENT
VOLUNTARY SALARY SAVING LEAVE POLICY: The EMPLOYER and UNION agree
to Eighty (80) Hours unpaid leave for the calendar year 2010. Unpaid leave days may be taken
in increments of Four (4) Hours (minimum increment) and may be used at the discretion of the
EMPLOYEE upon approval of the EMPLOYER. No more than three (3) unpaid leave days may
be taken in one week. One half of the unpaid leave hours must be taken by 15 July 2010.
BENEFITS: There will be no change in benefits or loss of accrued leave time due to the
EMPLOYEE taking unpaid leave. There will be no changes in seniority.
PERA: EMPLOYEES may buy back PERA credits for lost wages with the EMPLOYER
contributing the employer's portion.
PAYROLL: EMPLOYEES will mark unpaid leave hours on their time -off slips and pay will
be deducted on an as taken basis.
APPLICABILITY TO PART -TIME EMPLOYEES: Part-time EMPLOYEES will not be
required to participate in the Voluntary Salary Saving Leave.
MONITORING: The UNION will have access to the Finance Director in mid -July to discuss
City financial affairs and the EMPLOYER'S determination of the financial necessity of the
second half of the unpaid leave hours.
—38—
•
UNION SECURITY: The EMPLOYER agrees to maintain 23 bargaining mit members for
2010 except if there is a reduction due to attrition.
DURATION: 1 January 2010 — 31 December 2010
FOR !ELL CITY OF LINO LAKES: FOR AFSCME, LOCAL 2454
By By
Mayor Area Business Rep.
By By
• City Clerk Steward
Dated Dated
•
•
•
•
AGENDA ITEM 3 C
STAFF ORIGINATOR: Daniel Tesch, Director of Administration
MEETING DATE: 28 December 2009
TOPIC: City of Lino Lakes and L.E.L.S 299
VOTE REQUIRED: 3/5
BACKGROUND
The collective bargaining agreement between the City and L.E.L.S (police officers)
expires 31 December 2010. The City asked to reopen the existing agreement and
discuss options that would assist the city deal with LGA unallotments. L.E.L.S has
agreed to forgo their 3% Cost of Living increase until the first day of the last pay period
of 2010.
In consideration of employee concessions towards 2010 budget relief, the union has
included a clause that no additional layoffs take place within this unit in 2010.
Everyone realizes that uncertainties loom for 2011.
RECOMMENDATION
Approve the attached draft Memorandum of Understanding.
ATTACHMENTS
Memorandum of Understanding.
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into between the City of Lino Lakes
(hereafter "City") and Law Enforcement Labor Services, Inc., Local 299 (hereafter "Union ").
WHEREAS, the City and the Union are parties to 2009 -2010 collective bargFining agreement
(hereafter "CBA ");
WHEREAS, the City has experienced significant loss of revenues through decreases in property
taxes and LGA nnpilotments;
WHEREAS, the Union is under no obligation to re -open negotiations under the CBA, but
understands the uniqueness of the current economic environment and the financial issues facing
the City;
WHEREAS, the Union, in conjunction with the Lino Lakes Police Department administration,
sought out, applied for and were awarded a grant, effective for 2010, in an amount that will
greatly exceed any financial savings to the City from 80 hour furloughs for each Union member,
NOW THEREFORE, the City and Union agree that:
1. The 3 percent wage increase, scheduled to go into effect on January 1, 2010, will be
suspended until the first day of the last pay period of 2010.
2. In the event that any Union member is laid off or furloughed, this MOU shall be void.
Consequently, the 3 percent wage increase will be retroactively effective to January 1,
2010, and all members shall receive backpay accortiingly
LEL O 99
1 n
6G�.L
B ine Agent
Steward
date
CITY OF LINO LAKES
City Clerk date
Mayor date
•
•
•
•
AGENDA ITEM 3 D
STAFF ORIGINATOR: Daniel Tesch, Director of Administration
MEETING DATE: 28 December 2009
TOPIC: City of Lino Lakes and L.E.L.S 260
VOTE REQUIRED: 3/5
BACKGROUND
The collective bargaining agreement between the City and L.E.L.S (Sergeants) expires
31 December 2010. The City asked to reopen the existing agreement and discuss
options that would assist the city deal with LGA unallotments. L.E.L.S has agreed to
forgo their 3% Cost of Living increase until the first day of the last pay period of 2010.
In consideration of employee concessions towards 2010 budget relief, the union has
included a clause that no additional layoffs take place within this unit in 2010.
Everyone realizes that uncertainties loom for 2011.
RECOMMENDATION
Approve the attached draft Memorandum of Understanding.
ATTACHMENTS
Memorandum of Understanding.
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into between the City of Lino Lakes
(hereafter City ) and Law Enforcement Labor Services, Inc., Local 260 (hereafter Union).
WfREAS, the City and the Union are parties to a 2009 -2010 collective bargaining agreement
(hereafter CBA );
WHEREAS, the City has experienced significant loss of revenues throng), decreases in property
taxes and LGA i,nallotments;
WHEREAS, the Union is under no obligation to re -open negotiations under the CBA, but
understands the uniqueness of the current economic environment and the financial issues facing
the City;
WHEREAS, the Union, in conjunction with the Lino Lakes Police Department administration,
sought out, applied for and were awarded a grant, effective for 2010, in an amount that will
greatly exceed any financial savings to the City from 80 hour furloughs for each Union member,
NOW 'tHEREFORE, the City and Union agree that.
1. The 3 percent wage increase, scheduled to go into effect on January 1, 2010, will be
suspended until the first day of the last pay period of 2010.
2. In the event that any Union member is laid off or furloughed, this MOU shall be void.
Consequently, the 3 percent wage increase will be retroactively effective to January 1,
2010, and all members shall receive backpay accordingly.
For the City
For the Union
fiL-
Monday, January 11, 2010
A report on Co. Rd 14 and 35W
By James Landsberger
\tt to
Good evening, mayor and city council members. First of all let me congratulate
the old and new members of this group on their election and willingness to serve the
community as members of the Lino Lakes City Council.
Secondly I would like to congratulate all those present who participated in the
plans to upgrade the intersection of 35E and Co. Rd 14. A lot of dedicated hard work
went into the successful resolution of this project. Because of this project, and the
upgrade of Co. Rd 14 from Hugo through Centerville to 35W, the entire corridor of Co.
Rd 14 as the major route from the City of Anoka through Lino Lakes and on to Hugo and
HI 61 is mostly completed.
The one glaring omission left to resolve is the intersection of Co. Rd 14 at 35W,
currently served by an ancient bridge crossing at 35W with a Narrow Bridge warning
posted on both sides, no shoulders on the two lane crossing, and no freeway 35W access.
This Co. Rd 14 -35w area is now a growing problem because of the current traffic
count along 35W with the new shopping centers in Lino Lakes at Co. Rd 23 and nearby
Blaine at the Lexington - 35W exit, both of which have daily trip visits in the many tens
of thousands. The major commercial and residential development in Hugo adds
significantly to the traffic count and there is major commercial and residential
development proposed at Co 14- 35E on the Lino Lakes and Centerville side which will
significantly compound the problems.
Currently this causes a large problem at the intersection of county road 23 and Co.
Rd. 14, bad enough that it requires police assistance often to clear the intersection.
If the county Road 14 and 35w intersection were upgraded to the standard of
modified cloverleaf access, as proposed in 1998 by Anoka County, the Co Rd 23 and Co
Rd 14 problems would be alleviated by allowing freeway access from the Centerville,
Lino Lakes area SE of 35w to the freeway and giving these fast growing areas access to
35w as their route to these major shopping areas and westward to Blaine and
Minneapolis. It would also provide Lino Lakes and Blaine better access to 35E and
St.Paul.
When Anoka County wisely proposed the modified cloverleaf at Co Rd 14 -35W
in 1998 it didn't have Lino Lakes Council support and was abandoned, resulting in the
current problems.
Instead, an alternate northerly bypass proposal was initiated, hoping to connect
35E to Co Rd 14 through the Rice Creek Watershed near Peltier Lake.
This proposal is now dead in any current context because of Federal traffic count
requirements, which have been estimated to fall far short until at least 2040 and possibly
2050. At that point the issues of crossing the Rice Creek Watershed will be a hurdle yet to
overcome.
As I stated the alternate northerly route proposal, up to now supported by Lino
Lakes, has been obviated by Federal traffic count requirements and future forecasts to be
an unrealizable alternative in the 30 year near future, and is therefore no solution at all to
current problems.
Meanwhile the CoRd 14 -35W area is the only link along the newly upgraded
Co Rd 14 corridor left problematically unresolved, due to the unfeasibility of the alternate
northerly route proposal, and problems continue to mount due to recent and continuing
development.
Fortunately however, in an Anoka County report summarizing the need to
upgrade the CoRd 14 and 35W intersection to provide a needed and justified modified
cloverleaf freeway access at the old, narrow bridge site overpass at 35W, the county
found that the traffic count was feasible as long ago as 1998, and was deemed necessary
to provide access to 35W for Lino Lakes and Centerville.
Therefore I am seeking the support of the Lino Lakes Mayor and City Council in
initiating renewal of the original 1998 proposal by Anoka County for a modified
cloverleaf in order to alleviate the current and growing problems of traffic pressure
engendered by current, and near future commercial and residential development.
Thanks to the decision by the Lino Lakes City Council to seek a bike path overpass at
this Co. Rd 14 -35W site for the new bike path serving us in Anoka County Rice Creek
Chain of Lakes Regional Park , a favorable political climate has been created for seeking
additional funding for finally resolving the problems along the County 14 corridor.
Such proposals in the current environmentally conscious political climate have been
shown to have excellent chances for successful funding , and have been used as useful
tools in getting additional funding for attendant city projects, ( for example the
upgrading of the Pierce Butler truck route in St Paul, with funding helped by a newly
designated bike path).
I would remind you that in President Obama's address to the nation that he
favored job creation by funding construction projects, specifically referring to bridge
replacement among them.
I would also refer you to a local newspaper article praising the new
Co 14 -35E interchange, which you helped facilitate, in which the Anoka County Engineer
was shown to be opportunistic and adept at seeking favorable conditions in which to get
such funding for these type of projects.
Because of the necessity to resolve the issues I illustrated and because of the
favorable political climate for projects such as this I would again respectfully request
your support in attaching the Co14 -35W modified cloverleaf proposal, as originally
deemed necessary in 1998, and as the only currently feasible solution, to your proposal
for the bike path crossing of 35W.
Thank you for your attention to this matter and hopefully to a successful
resolution.
•
EXPENDITURES
JANUARY 11, 2010
•
Date: 12/30/2009 Time 14:28:32
Ranges:
Operator: KICF
Page: 1
City of Lino Lakes
FM Entry - Invoice Payment - Department Report
Fund:
Dept Id:
Program:
Vendor #:
Invoice #:
Schedule Journal #:
Bank #:
(A)
(A)
(A)
(A)
(A)
(R) 8357
(A)
Options: Print Ranges /Options: Y
Page on Department: N
Department Vendor Name
8366
# of copies: 1
Description
MAYOR /COUNCIL
MAYOR /COUNCIL
MAYOR /COUNCIL
MAYOR /COUNCIL
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
SENIORS
SENIORS
SENIORS
SENIORS
FINANCE
FINANCE
FINANCE
AMERICAN FAMILY LIFE
RELIASTAR LIFE INSUR
CENTRAL PENSION FUND
DELTA DENTAL PLAN OF
INTL UNION OF OPER E
MN CHILD SUPPORT PAY
MN NCPERS LIFE INSUR
JAN. 2010 INS PREMIUM
JAN 2010 INS PREMIUMS
DEC 09 CONTRIBUTIONS
JAN 2010 DENTAL INS PREM
DEC 09 UNION DUES
BRIAN C. HRONSKI #001401
DEC 2009 PERA LIFE INS P
Total for Department
J. P. COOKE COMPANY, REINERT /ROLIK SIGNATURE
BROADWAY AWARDS, INC WALNUT, BLACK BRASS PLAT
IMAGE PRINTING & GRA ROESER,RAFFERTY,REINERT
PRESS PUBLICATIONS, 2010 TAX LEVY /BUDGET PUB
Total for Department 401
MPELRA DAN TESCH - CONFERENCE R
RELIASTAR LIFE INSUR JAN 2010 INS PREMIUMS
OPTUMHEALTH FINANCIA NOV 2009 COBRA SERVICES
ACCLAIM BENEFITS OCT & NOV 2009 FSA PARTI
DELTA DENTAL PLAN OF JAN 2010 DENTAL INS PREM
NEXTEL COMMUNICATION MONTHLY NEXTEL PHONES US
MPELRA & NPELRA D TESCH MEMBERSHIP DUES
LINCOLN NATIONAL LIF JAN 2010 INS PREMIUM
Total for Department 402
RELIASTAR LIFE INSUR JAN 2010 INS PREMIUMS
DELTA DENTAL PLAN OF JAN 2010 DENTAL INS PREM
NEXTEL COMMUNICATION MONTHLY NEXTEL PHONES US
LINCOLN NATIONAL LIF JAN 2010 INS PREMIUM .
Total for Department 406
RELIASTAR LIFE INSUR JAN 2010 INS PREMIUMS
DELTA DENTAL PLAN OF JAN 2010 DENTAL INS PREM
LINCOLN NATIONAL LIF JAN 2010 INS PREMIUM
Total for Department 407
LEGAL CONSULTANTS SWEENEY, BORER, & SW DEC 09 PROSECUTION SVCS
LEGAL CONSULTANTS RATWIK, ROSZAK & MAL MISC PROFESSIONAL SERVIC
Total for Department 414
Amount
197.34
1,296.14
2,457.60
2,458.99
496.00
681.40
352.00
7,939.47*
78.65
229.78
125.00
23.85
457.28*
140.00
11.25
70.92
301.95
110.27
17.32
150.00
69.67
871.38*
3.75
22.97
18.86
6.44
52.02*
15.01
206.45
62.73
284.19*
10,399.60
4,538.33
14,937.93*
•
•
Date: 12/30/2009 Time 14:28:32 Operator: KKF
•
Department
Page: 2
City of Lino Lakes
FM Entry - Invoice Payment - Department Report
Vendor Name Description
ECONOMIC DEVELOPMENT RELIASTAR LIFE INSUR JAN 2010 INS PREMIUMS
ECONOMIC DEVELOPMENT DELTA DENTAL PLAN OF JAN 2010 DENTAL INS PREM
ECONOMIC DEVELOPMENT LINCOLN NATIONAL LIF JAN 2010 INS PREMIUM
Total for Department 415
PLANNING & ZONING
PLANNING & ZONING
PLANNING & ZONING
PLANNING & ZONING
COMM DEV
COMM DEV
COMM DEV
COMM DEV
COMM DEV
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
CE
CE
ICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
FIRE
FIRE
FIRE
RELIASTAR LIFE INSUR JAN 2010 INS PREMIUMS
DELTA DENTAL PLAN OF JAN 2010 DENTAL INS PREM
SHORT - ELLIOTT - HENDRI NOV 09 GIS SERVICES
LINCOLN NATIONAL LIF JAN 2010 INS PREMIUM
Total for Department 416
RELIASTAR LIFE INSUR JAN 2010 INS PREMIUMS
DELTA DENTAL PLAN OF JAN 2010 DENTAL INS PREM
NEXTEL COMMUNICATION MONTHLY NEXTEL PHONES US
SHORT - ELLIOTT - HENDRI NOV 09 GIS SERVICES
LINCOLN NATIONAL LIF JAN 2010 INS PREMIUM
Total for Department 418
STAPLES BUSINESS ADV
STAPLES BUSINESS ADV
RELIASTAR LIFE INSUR
ASPEN MILLS, INC.
BRAGELMAN, CHRISTOPH
CENTURY COLLEGE
DELTA DENTAL PLAN OF
IMAGE PRINTING & GRA
INVENTORY TRADING CO
INVENTORY TRADING CO
INVENTORY TRADING CO
XCEL ENERGY
MINNESOTA SHREDDING
TWIN CITY GARAGE DOO
UNIFORMS UNLIMITED,
LAKES AREA YSB
LINCOLN NATIONAL LIF
BROWNELLS, INC
CVR,STEP FILE,BLPT PEN,P
INKJET CTRG /POST IT NOTE
JAN 2010 INS PREMIUMS
K. MCCARTHY UNIFORM ALLO
COLLEGE TUITION & BOOKS
LAW ENGORCEMENT TRAINING
JAN 2010 DENTAL INS PREM
10 -8 NEWSLETTER /2010 CAL
M. HAGERT UNIFORM ALLOWA
P. NOLL UNIFORM ALLOWANC
T. PETERSON UNIFORM ALLO
MONTHLY ENERGY CHARGE
CONFIDENTIAL DATE SHREDD
TIGHTENED CLUTCH /REINSTA
B. YOUNG UNIFORM ALLOWAN
LORI HAWKINSON - LINO LA
JAN 2010 INS PREMIUM
ULTRASONIC LUBRICANT
Total for Department 420
RELIASTAR LIFE INSUR JAN 2010 INS PREMIUMS
DELTA DENTAL PLAN OF JAN 2010 DENTAL INS PREM
LINCOLN NATIONAL LIF JAN 2010 INS PREMIUM
Total for Department 421
BUILDING INSPECTIONS RELIASTAR LIFE INSUR
BUILDING INSPECTIONS ASSOCIATION OF MN BU
BUILDING INSPECTIONS ASSOCIATION OF MN BU
BUILDING INSPECTIONS DELTA DENTAL PLAN OF
BUILDING INSPECTIONS NEXTEL COMMUNICATION
BUILDING INSPECTIONS FRATTALLONE'S HARDWA
BUILDING INSPECTIONS TR COMPUTER SALES, L
•
JAN 2010 INS PREMIUMS
P. MOONEN - JAN 2010 REN
V. RYLANDER - JAN 2010 R
JAN 2010 DENTAL INS PREM
MONTHLY NEXTEL PHONES US
RULE TAPE /FLASHLITE
PERMITWORKS ANIMAL,BUSIN
Amount
3.75
36.75
19.22
59.72*
7.50
73.50
1,415.58
36.26
1,532.84*
7.50
36.76
17.32
749.11
41.42
852.11*
417.82
195.21
120.00
25.65
469.74
1,785.00
432.34
457.05
28.00
28.00
26.00
3.56
46.50
135.00
466.32
25.00
495.10
90.06
5,248.35*
11.25
184.02
39.15
234.42*
12.37
100.00
100.00
184.04
159.28
31.54
3,426.48
Date: 12/30/2009 Time: 14:28:32 Operator: KKF
Department
Page: 3
City of Lino Lakes
FM Entry - Invoice Payment - Department Report
Vendor Name
Description
Amount
BUILDING INSPECTIONS UNIVERSITY OF MINNES ANNUAL BUILDING OFFICIAL
BUILDING INSPECTIONS LINCOLN NATIONAL LIF JAN 2010 INS PREMIUM
Total for Department 422
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
STREETS
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
FLEET
RELIASTAR LIFE INSUR
DELTA DENTAL PLAN OF
NEXTEL COMMUNICATION
XCEL ENERGY
WRIGHT /HENNEPIN CO -0
LINCOLN NATIONAL LIF
QWEST
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
GOVERNMENT BUILDINGS
JAN 2010 INS PREMIUMS
JAN 2010 DENTAL INS PREM
MONTHLY NEXTEL PHONES US
MONTHLY ENERGY CHARGE
11/16/09 - 12/15/09 UTILIT
JAN 2010 INS PREMIUM '
SIGNAL PHONE MONTHLY CHA
epartment 430
Total for D
ZIEGLER, INC.
SCHARBER & SONS, INC
A -1 HYDRAULIC SALES/
RELIASTAR LIFE INSUR
O'REILLY AUTOMOTIVE,
O'REILLY AUTOMOTIVE,
O'REILLY AUTOMOTIVE,
O'REILLY AUTOMOTIVE,
O'REILLY AUTOMOTIVE,
PARTS /LABOR RELATED TO P
JOHN DEERE PMST -77C BULB
HOSE ASSEMBLY /SWIVEL
JAN 2010 INS PREMIUMS
EXT RATCHET
HYD FILTER
OIL FILTER
OIL FILTERS
OUTLET SEAL /THERMOSTAT
O'REILLY AUTOMOTIVE, RETURN HYD FILTER
EGAN OIL COMPANY GASOHOL UNL - 1359 GALLO
EGAN OIL COMPANY GASOHOL UNLEADED 1700 GA
EGAN OIL COMPANY ULSD DYED #2 - 1000 GALL
DELTA DENTAL PLAN OF JAN 2010 DENTAL INS PREM
G & K SERVICES, INC. SHOP TOWEL /ORANGE E4WC
ST. JOSEPH EQUIPMENT JRB MALE MASTER COUPLER
LINCOLN NATIONAL LIF JAN 2010 INS PREMIUM
Total for Department 431
AMERIPRIDE LINEN /APP
NORTHERN AIR CORPORA
NORTHERN AIR CORPORA
NORTHERN AIR CORPORA
NORTHERN AIR CORPORA
RELIASTAR LIFE INSUR
J. P. COOKE COMPANY,
C. P. OFFICE PRODUCT
C. P. OFFICE PRODUCT
DELTA DENTAL PLAN OF
LEAGUE OF MN CITIES
IMAGE PRINTING & GRA
IMAGE PRINTING & GRA
NARDINI FIRE EQUIPME
NARDINI FIRE EQUIPME
MONTHLY RUGS /SCRAPER MAT
CONTROL UPGRADE FOR VALV
PNEUMATIC VALVE UPGRADE
REPAIR DAMPER
UPGRADE FX60 TO BACNET
JAN 2010 INS PREMIUMS
VIGER /WOOD NOTARY STAMPS
PAPER,DISC,APPT BK,FLDR
TONER, 55I /8000 SERIES
JAN 2010 DENTAL INS PREM
STEIN DEDUCTIBLE
DEGARDNER,MOONEN BUSINES
PARTK & REC REG WHITE EN
ANNUAL SVC FIRE EXT. INS
FIRE EXT. INSPECTION
MINNESOTA SHREDDING CONFIDENTIAL DATA SHREDD
LINCOLN NATIONAL LIF JAN 2010 INS PREMIUM
GOLD STAR AUTO BODY SQUAD 364 10/29/09
180.00
58.22
4,251.93*
25.69
215.00
34.64
5,642.33
810.00
100.18
49.83
6,877.67*
2,278.19
37.65
62.37
3.00
15.22
20.07
8.36
8.36
8.72
-40.14
3,006.66
3,670.30
2,111.00
42.26
38.48
5,504.06
17.45
16,792.01*
217.11
3,906.01
7,960.00
301.77
2,329.09
3.75
73.70
99.70
235.11
36.75
500.00
83.34
225.91
1,396.83
56.85
16.50
12.00
5,352.73
•
Date: 12/30/2009 Time: 14:28:32
•
Department
Operator: KKF
Page: 4
City of Lino Lakes
FM Entry - Invoice Payment - Department Report
Vendor Name
Description
Amount
GOVERNMENT BUILDINGS MN DEPT OF LABOR & I T HILLESHEIM SP RENEWAL
GOVERNMENT BUILDINGS TBSOA XEROX /COPYCENTRE C11B MA
Total for Department 432
PARKS
PARKS
PARKS
PARKS
PARKS
PARKS
PARKS
PARKS
PARKS
PARKS
PARKS
PARKS
PARKS
PARKS
RECREATION
RECREATION
RECREATION
RECREATION
RECREATION
RECREATION
RECREATION
•I RONMENTAL
ENVIRONMENTAL
ENVIRONMENTAL
ENVIRONMENTAL
SOLID WASTE
SOLID WASTE
SOLID WASTE
FORESTRY
FORESTRY
FORESTRY
•
RELIASTAR LIFE INSUR
DELTA DENTAL PLAN OF
NEXTEL COMMUNICATION
FRATTALLONE'S HARDWA
HOME DEPOT CREDIT SE
HOME DEPOT CREDIT SE
XCEL ENERGY
URICH, TRACEY
LINCOLN NATIONAL LIF
ON SITE SANITATION I
ON SITE SANITATION I
ON SITE SANITATION I
JAN 2010 INS PREMIUMS
JAN 2010 DENTAL INS PREM
MONTHLY NEXTEL PHONES US
BOWL CLEANER
MAINT SUPPLY HARDWARE
MAINT. SUPPLY SCREWDRIVE
MONTHLY ENERGY CHARGE
CLOTHING ALLOWANCE REIMB
JAN 2010 INS PREMIUM
MONTHLY RENTAL UNIT -BIRO
MONTHLY RENTAL UNIT -SUNR
MONTHLY UNIT RENTAL -CITY
ATHLETICA /SPORT SYST NET LACING TWINE
KRINKIE'S ONE HOUR H REPLACED GAS VALVE IN WA
Total for Department 450
RELIASTAR LIFE INSUR
DELTA DENTAL PLAN OF
NEXTEL COMMUNICATION
METRO SALES INCORPOR
MRPA
MRPA
LINCOLN NATIONAL LIF
JAN 2010 INS PREMIUMS
JAN 2010 DENTAL INS PREM
MONTHLY NEXTEL PHONES US
QUARTERLY MAINT. AGREEME
B HRONSKI MEMBERSHIP REN
T MOZINGO MEMBERSHIP REN
JAN 2010 INS PREMIUM
Total for Department 451
RELIASTAR LIFE INSUR JAN 2010 INS PREMIUMS
DELTA DENTAL PLAN OF JAN 2010 DENTAL INS PREM
NEXTEL COMMUNICATION MONTHLY NEXTEL PHONES US
LINCOLN NATIONAL LIF JAN 2010 INS PREMIUM
Total for Department 461
RELIASTAR LIFE INSUR JAN 2010 INS PREMIUMS
DELTA DENTAL PLAN OF JAN 2010 DENTAL INS PREM
LINCOLN NATIONAL LIF JAN 2010 INS PREMIUM
Total for Department 462
RELIASTAR LIFE INSUR JAN 2010 INS PREMIUMS
DELTA DENTAL PLAN OF JAN 2010 DENTAL INS PREM
LINCOLN NATIONAL LIF JAN 2010 INS PREMIUM
Total for Department 463
Total for Fund 101
HANKEE, DIANE
LAUINGER, JAMIE
Total for Department
PROGRAM REFUND
PROGRAM REFUND
25.00
527.96
23,360.11*
24.39
275.91
270.86
3.73
28.90
21.30
127.19
29.38
93.46
40.61
5.80
7.26
33.85
545.00
1,507.64*
12.00
117.64
17.32
212.00
183.00
165.00
47.76
754.72*
4.12
12.86
34.64
13.65
65.27*
1.13
11.03
5.85
18.01*
2.25
12.86
6.82
21.93*
86,119.00*
72.00
36.00
108.00*
Date: 12/30/2009 Time: 14:28:32
Department
Operator: KKF
Page: 5
City of Lino Lakes
FM Entry - Invoice Payment - Department Report
Vendor Name
Description
Amount
SPECIAL EVENTS /TRIPS TARGET CENTER SESAME STREET LIVE TICKE
Total for Department 205
YOUTH SPORTS
OTHER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
WATER
SEWER
SEWER
SEWER
SEWER
SEWER
SEWER
SEWER
SEWER
SEWER
SEWER
SEWER
SEWER
SEWER
CROWN TROPHY, INC. FOOTBALL TROPHY
Total for Department 208
Total for Fund 201
SHORT - ELLIOTT- HENDRI NOV 09 GIS SERVICES
Total for Department 499
Total for Fund 422
GRAYBAR ELECTRIC COM
RELIASTAR LIFE INSUR
CIRCLE PINES POST OF
DELTA DENTAL PLAN OF
NEXTEL COMMUNICATION
HAWKINS , INC.
HOME DEPOT CREDIT SE
XCEL ENERGY
HD SUPPLY WATERWORKS
HD SUPPLY WATERWORKS
HD SUPPLY WATERWORKS
HD SUPPLY WATERWORKS
HD SUPPLY WATERWORKS
19 -26 AWG BUTT CONNECTOR
JAN 2010 INS PREMIUMS
MONTHLY UTILITY POSTAGE
JAN 2010 DENTAL IN5 PREM
MONTHLY NEXTEL PHONES US
HYDROCHLORIC ACID 20' /FR
ADAPTER /4 PC PROBE SET
ENERGY CHARGE
#21 SRII 3/4" BTTM PLATE
METER INSTALL THRU 11/29
METER INSTALL THRU 12/13
SRII 3/4" & PMM 3/4" MTR
TO CORRECT INV 9866371
LINCOLN NATIONAL LIF JAN 2010 INS PREMIUM
Total for Department 494
Total for Fund 601
AID ELECTRIC SERVICE USED GENERATOR /CRANE & D
SYCOM, INC. SITE WORK,SETUP 8 HRS PE
SYCOM, INC. SOFTWARE FOR PINE GLEN L
RELIASTAR LIFE INSUR JAN 2010 INS PREMIUMS
CIRCLE PINES POST OF MONTHLY UTILITY POSTAGE
DELTA DENTAL PLAN OF JAN 2010 DENTAL INS PREM
NEXTEL COMMUNICATION MONTHLY NEXTEL PHONES US
GRAINGER, INC. PANEL ENCLOSURE HEATER
HOME DEPOT CREDIT SE ELECTRICAL & LIGHTING
HOME DEPOT CREDIT SE PL ADHESIVE
XCEL ENERGY MONTHLY ENERGY CHARGE
METROPOLITAN COUNCIL WASTEWATER FLOW CHARGES
LINCOLN NATIONAL LIF JAN 2010 INS PREMIUM
Total for Department 495
Total for Fund 602
SWEENEY, BORER, & SW DEC 09 FORFEITURE SVCS
KOPPY, DOUGLAS CLOSE KOPPY ESCROW ACCOU
240.00
240.00*
126.27
126.27*
474.27*
310.75
310.75*
310.75*
45.24
7.14
276.55
69.84
59.57
66.99
46.50
2,170.17
43.23
385.00
406.18
7,848.90
-82.60
33.03
11,375.74*
11,375.74*
6,452.00
19,600.00
1,000.00
7.08
276.55
69.81
50.35
237.35
81.42
9.81
1,652.08
56,799.28
32.99
86,268.72*
86,268.72*
53.55
597.62
•
Date: 12/30/2009 Time: 14:28:32 Operator: KXF
Page: 6
City of Lino Lakes
FM Entry - Invoice Payment - Department Report
Department Vendor Name Description Amount
Total for Department
Total for Fund 801
Grand Total
•
•
651.17*
651.17*
185,199.65*
Date: 12/30/2009 Time 14:30:09 City of Lino Lakes
FM Entry - Invoice Journal
Ranges:
Options:
Vendor #
Vendor #: (A)
Invoice #: (A)
Entry Journal #: (R) 8352 8363
Trans #: (A)
Line #: (A)
Due Date: (A)
Bank #: (A)
Detail / Summary: S
Sort: A Check Over Expend: N
Name
Operator: KKF Page: 1
Invoice Status: A # of copies: 1
Discount
# of items Net Gross Discount Lost
000369 A -1 HYDRAULIC SALES /SERVICE, INC. 1 62.37 62.37 .00 .00
001260 ACCLAIM BENEFITS 1 301.95 301.95 .00 .00
000100 AID ELECTRIC SERVICE, INC. 1 6,452.00 6,452.00 .00 .00
000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 197.34 197.34 .00 .00
000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 217.11 217.11 .00 .00
000541 ASPEN MILLS, INC. 1 25.65 25.65 .00 .00
001173 ASSOCIATION OF MN BUILDING OFFICIALS 1 200.00 200.00 .00 .00
007992 ATHLETICA /SPORT SYSTEMS UNLIMITED 1 33.85 33.85 .00 .00
000754 BRAGELMAN, CHRISTOPHER 1 469.74 469.74 .00 .00
000860 BROADWAY AWARDS, INC. 1 229.78 229.78 .00 .00
007996 BROWNELLS, INC 1 90.06 90.06 .00 .00
000946 C. P. OFFICE PRODUCTS 2 334.81 334.81 .00
III
000537 CENTRAL PENSION FUND 1 2,457.60 2,457.60 .00 .00
001067 CENTURY COLLEGE 1 1,785.00 1,785.00 .00 .00
001100 CIRCLE PINES POST OFFICE 1 553.10 553.10 .00 .00
007354 CROWN TROPHY, INC. 1 126.27 126.27 .00 .00
001301 DELTA DENTAL PLAN OF MINNESOTA 1 4,610.05 4,610.05 .00 .00
001148 EGAN OIL COMPANY 3 8,787.96 8,787.96 .00 .00
001560 FRATTALLONE'S HARDWARE, INC. 2 35.27 35.27 .00 .00
002328 G & K SERVICES, INC. 1 38.48 38.48 .00 .00
007982 GOLD STAR AUTO BODY & FRAME 1 5,352.73 5,352.73 .00 .00
001720 GRAINGER, INC. 1 237.35 237.35 .00 .00
•
Date: 12/30/2009 Time: 14:30:10 City of Lino Lakes
FM Entry - Invoice Journal
Operator: KKF Page: 2
Discount
*or # Name # of items Net Gross Discount Lost
000176 GRAYBAR ELECTRIC COMPANY, INC. 1 45.24 45.24 .00 .00
007999 HANKEE, DIANE 1 72.00 72.00 .00 .00
001480 HAWKINS INC. 1 66.99 66.99 .00 .00
004562 HD SUPPLY WATERWORKS, LTD. 5 8,600.71 8,600.71 .00 .00
001859 HOME DEPOT CREDIT SERVICES 5 187.93 187.93 .00 .00
002340 IMAGE PRINTING & GRAPHICS, INC. 3 891.30 891.30 .00 .00
002000 INTL UNION OF OPER ENGR 1 496.00 496.00 .00 .00
003013 INVENTORY TRADING COMPANY, INC. 1 84.00 84.00 .00 .00
000627 J. P. COOKE COMPANY, INC. 2 152.35 152.35 .00 .00
007997 KOPPY, DOUGLAS 1 597.62 597.62 .00 .00
007993 KRINKIE'S ONE HOUR HEATING & A/C 1 545.00 545.00 .00 .00
007382 LAKES AREA YSB 1 25.00 25.00 .00 .00
008000 LAUINGER, JAMIE 1 36.00 36.00 .00 .00
002320 LEAGUE OF MN CITIES INS TRST 1 500.00 500.00 .00 .00
007701 LINCOLN NATIONAL LIFE INS CO 1 1,191.40 1,191.40 .00 .00
11184 METRO SALES INCORPORATED 1 212.00 212.00 .00 .00
694 METROPOLITAN COUNCIL 1 56,799.28 56,799.28 .00 .00
003882 MINNESOTA SHREDDING LLC 2 63.00 63.00 .00 .00
002931 MN CHILD SUPPORT PAYMENT CENTER 1 681.40 681.40 .00 .00
007995 MN DEPT OF LABOR & INDUSTRY 1 25.00 25.00 .D0 .00
003091 MN NCPERS LIFE INSURANCE 1 352.00 352.00 .00 .00
007690 MPELRA & NPELRA 1 150.00 150.00 .D0 .00
D00132 MPELRA 1 140.00 140.00 .00 .00
003050 MRPA 2 348.00 348.00 .00 .00
003090 NARDINI FIRE EQUIPMENT CO., INC. 2 1,453.68 1,453.68 .00 .00
001395 NEXTEL COMMUNICATIONS 1 680.16 680.16 .00 .00
000364 NORTHERN AIR CORPORATION 4 14,496.87 14,496.67 .D0 .00
•
Date: 12/30/2009 Time: 14:30:10 City of Lino Lakes
FM Entry - Invoice Journal
Operator: KKF Page: 3
Discount
Vendor # Name # of items Net Gross Discount L111111
000900 O'REILLY AUTOMOTIVE, INC. 5 20.59 20.59 .00 .00
007730 ON SITE SANITATION INC 3 53.67 53.67 .00 .00
000983 OPTUMHEALTH FINANCIAL SERVICES 1 70.92 70.92 .00 .00
003600 PRESS PUBLICATIONS, INC. 1 23.85 23.85 .00 .00
007776 QWEST 1 49.83 49.83 .00 .00
007696 RATWIK, ROSZAK & MALONEY, PA 1 4,538.33 4,538.33 .00 .00
000468 RELIASTAR LIFE INSURANCE COMPANY 1 1,579.07 1,579.07 .00 .00
000065 SCHARBER & SONS, INC. 1 37.65 37.65 .00 .00
003880 SHORT - ELLIOTT - HENDRICKSON, INC. 1 2,475.44 2,475.44 .00 .00
004120 ST. JOSEPH EQUIPMENT, INC. 1 5,504.06 5,504.06 .00 .00
000365 STAPLES ADVANTAGE 2 613.03 613.03 .00 .00
007642 SWEENEY, BORER, & SWEENEY, P.A. 2 10,453.15 10,453.15 .00 .00
000375 SYCOM, INC. 2 20,600.00 20,600.00 .00 .00
007695 TARGET CENTER 1 240.00 240.00 .00 .00
007998 TBSOA 1 527.96 527.96 .00 .00
004370 TR COMPUTER SALES, LLC 1 3,426.48 3,426.48 .00 .00
004540 TWIN CITY GARAGE DOOR CO., INC. 1 135.00 135.00 .00 •
004590 UNIFORMS UNLIMITED, INC. 1 466.32 466.32 .00 .00
004610 UNIVERSITY OF MINNESOTA 1 180.00 180.00 .00 .00
004660 URICH, TRACEY 1 29.38 29.38 .00 .00
007421 WRIGHT /HENNEPIN CO -OP ELECTRIC ASSOC 1 810.00 810.00 .00 .00
003250 XCEL ENERGY 6 9,595.33 9,595.33 .00 .00
000030 ZIEGLER, INC. 1 2,278.19 2,278.19 .00 .00
Grand Totals: 107 185,199.65 185,199.65 .00 .00*
•
Date: 12/30/2009 Time: 14:30 :11 City of Lino Lakes
FM Entry - Invoice Journal
Operator: KKF Page: 4
• Account # Description Fiscal Debit Credit
•
•
Main
101- 2040 -000 GENERAL FUND PAYROLL WITHHOLDING 01/2010 1,493.24
101 - 2040 -000 GENERAL FUND PAYROLL WITHHOLDING 12/2009 3,987.00
101 - 2044 -000 GENERAL FUND FLEX PLAN - DENTAL ACCOUNT 01/2010 2,458.99
101 - 3416 -000 GENERAL FUND RESALE 01/2010 0.24
101 - 401 - 4200 -000 MAYOR /COUNCIL OFFICE SUPPLIES 12/2009 203.65
101 - 401 - 4343 -000 MAYOR /COUNCIL NEWSLETTER 12/2009 23.85
101- 401 - 4900 -000 MAYOR /COUNCIL MARKETING & EDUCAT 12/2009 229.78
101 -402- 4133 -000 GENERAL ADMINISTRATION LIFE INSURANCE 01/2010 80.92
101 - 402 - 4134 -000 GENERAL ADMINISTRATION DENTAL INSURANCE 01/2010 110.27
101 - 402 - 4310 -000 GENERAL ADMINISTRATION OTHER CONSULTANT 12/2009 70.92
101 - 402 - 4321 -000 GENERAL ADMINISTRATION TELEPHONE 12/2009 17.32
101 - 402 - 4330 -000 GENERAL ADMINISTRATION TRAVEL /TUITION 01/2010 140.00
101 - 402 - 4410 -000 GENERAL ADMINISTRATION CONTRACTED SERVIC 12/2009 301.95
101 - 402 - 4452 -000 GENERAL ADMINISTRATION SUBSCRIPT /DUES 01/2010 150.00
101 - 406 - 4133 -000 GENERAL SENIORS LIFE INSURANCE 01/2010 10.19
101 -406- 4134 -000 GENERAL SENIORS DENTAL INSURANCE 01/2010 22.97
101 - 406 - 4321 -000 GENERAL SENIORS TELEPHONE 12/2009 18.86
101 - 407- 4133 -000 GENERAL FINANCE LIFE INSURANCE 01/2010 77.74
101 - 407- 4134 -000 GENERAL FINANCE DENTAL INSURANCE 01/2010 206.45
101 - 414- 4301 -000 GENERAL LEGAL CONSULTANTS MUNICIPAL ATTO 12/2009 4,538.33
101 - 414 - 4303 -000 GENERAL LEGAL CONSULTANTS CRIMINAL ATTOR 12/2009 10,399.60
101 - 415- 4133 -000 ECONOMIC DEVELOPMENT LIFE INSURANCE 01/2010 22.97
101- 415- 4134 -000 ECONOMIC DEVELOPMENT DENTAL INSURANCE 01/2010 36.75
101- 416 - 4133 -000 PLANNING & ZONING LIFE INSURANCE 01/2010 43.76
101- 416 - 4134 -000 PLANNING & ZONING DENTAL INSURAN 01/2010 73.50
101- 416 -4300 -000 PLANNING & ZONING PROF SERVICES 12/2009 1,415.58
101 - 418 - 4133 -000 COMM DEV LIFE INSURANCE 01/2010 48.92
101 - 418- 4134 -000 COMM DEV DENTAL INSURANCE 01/2010 36.76
101 - 418 - 4300 -000 COMM DEV PROFESSIONAL SERVICES 12/2009 749.11
101 -418- 4321 -000 COMM DEV TELEPHONE 12/2009 17.32
101 - 420- 4133 -000 GENERAL POLICE LIFE INSURANCE 01/2010 615.10
101- 420 - 4134 -000 GENERAL POLICE DENTAL INSURANCE 01/2010 432.34
101 - 420 - 4200 -000 GENERAL POLICE OFFICE SUPPLIES 12/2009 613.03
101 - 420 - 4211 -000 GENERAL POLICE MAINTENANCE SUPPLIES 12/2009 90.06
101 - 420 - 4214 -000 GENERAL POLICE CRIME PREVENTION 12/2009 457.05
101 - 420 - 4330 -000 GENERAL POLICE TRAVEL /TUITION 01/2010 25.00
101 - 420 - 4330 -000 GENERAL POLICE TRAVEL /TUITION 12/2009 2,254.74
101- 420 - 4370 -000 GENERAL POLICE UNIFORMS 12/2009 575.97
101- 420 - 4381 -000 GENERAL POLICE ELECTRICITY 12/2009 3.56
101 - 420 - 4410 -000 GENERAL POLICE CONTRACTED SERVICES 12/2009 181.50
101 - 421 - 4133 -000 GENERAL FIRE LIFE INSURANCE 01/2010 50.40
101 - 421 - 4134 -000 GENERAL FIRE DENTAL INSURANCE 01/2010 184.02
101 - 422 - 4133 -000 BUILDING INSPECTIONS LIFE INSURANCE 01/2010 70.59
101- 422 - 4134 -000 BUILDING INSPECT DENTAL INSURANCE 01/2010 184.04
101 - 422 - 4240 -000 BUILDING INSPECTIONS SMALL TOOLS 12/2009 31.54
101 - 422- 4300 -000 BUILDING INSPECTIONS PROFESS SERVIC 01/2010 3,426.48
101 - 422- 4321 -000 BUILDING INSPECTIONS TELEPHONE 12/2009 159.28
101 - 422 - 4330 -000 BUILDING INSPECTIONS TRAVEL 01/2010 180.00
101 - 422 - 4452 -000 BUILDING INSPECTIONS SUBSCRIP /DUES 01/2010 200.00
101- 430 - 4133 -000 GENERAL STREETS LIFE INSURANCE 01/2010 125.87
101 - 430 - 4134 -000 GENERAL STREETS DENTAL INSURANCE 01/2010 215.00
101 - 430 - 4321 -000 GENERAL STREETS TELEPHONE 12/2009 34.64
101 - 430 - 4385 -000 GENERAL STREETS STREET LIGHTS 12/2009 6,502.16
Date: 12/30/2009 Time: 14:30:11 City of Lino Lakes
FM Entry - Invoice Journal
Account #
Operator: KKF Page: 5
Description Fiscal Debit Credit
101 - 431 - 4133 -000
101- 431 - 4134 -000
101 - 431 - 4212 -000
101- 431 - 4221 -000
101 - 431 - 4240 -000
101- 431 - 4300 -000
101- 432- 4133 -000
101 - 432 - 4134 -000
101 - 432 - 4200 -000
101 - 432 - 4300 -000
101 - 432 - 4361 -000
101 -432- 4410 -000
101 - 432- 4452 -000
101 - 450- 4133 -000
101 - 450- 4134 -000
101 - 450- 4211 -000
101 - 450- 4300 -000
101- 450- 4321 -000
101- 450- 4370 -000
101 - 450- 4381 -000
101 - 450- 4410 -000
101 -451- 4133 -000
101 - 451- 4134 -000
101 - 451- 4321 -000
101 - 451- 4410 -000
101- 451- 4452 -000
101 - 461 - 4133 -000
101- 461 - 4134 -000
101 - 461 - 4321 -000
101- 462 - 4133 -000
101 - 462 - 4134 -000
101 - 463 - 4133 -000
101 - 463 - 4134 -000
201 -205- 4211 -823
201 - 208 - 4211 -855
201 - 3810 -821
422 - 499- 4300 -000
GENERAL FLEET LIFE INSURANCE 01/2010 20.45
GENERAL FLEET DENTAL INSURANCE 01/2010 42.26
GENERAL FLEET VEHICLE FUEL 12/2009 8,767.96
GENERAL FLEET SHOP PARTS 12/2009 - 5,647.93
GENERAL FLEET SMALL TOOLS 12/2009 15.22
GENERAL FLEET PROFESSIONAL SERVICES 12/2009 2,278.19
GOVER BUILD LIFE INSURANCE 01/2010 15.75
GOVER BUILDINGS DENTAL INSURANCE 01/2010 36.75
GOVER BUILDINGS OFFICE SUPPLIES 12/2009 1,245.72
GOVER BUILDINGS PROFESS. SERV 12/2009 8,016.85
GOVER BUILDINGS BUILD INS 12/2009 5,852.73
GOVER BUILDINGS CONTRACTED 12/2009 8,167.31
GENERAL GOVERNMENT BUILDINGS SUBSCRIPTIO 01/2010 25.00
GENERAL PARKS LIFE INSURANCE 01/2010 117.85
GENERAL PARKS DENTAL INSURANCE 01/2010 275.91
GENERAL PARKS MAINTENANCE SUPPLIES 12/2009 87.78
GENERAL PARKS PROFESSIONAL SERVICES 12/2009 545.00
GENERAL PARKS TELEPHONE 12/2009 270.86
GENERAL PARKS UNIFORMS 12/2009 29.38
GENERAL PARKS ELECTRICITY 12/2009 127.19
GENERAL PARKS CONTRACTED SERVICES 12/2009 53.67
GENERAL RECREATION LIFE INSURANCE 01/2010 59.76
GENERAL RECREATION DENTAL INSURANCE 01/2010 117.64
GENERAL RECREATION TELEPHONE 12/2009 17.32
GENERAL RECREATION CONTRACTED SERVICES 12/2009 212.00
GENERAL RECREATION SUBSCRIPTIONS 01/2010 348.00
GENERAL ENVIRONMENTAL LIFE INSURANCE 01/2010 17.77
GENERAL ENVIRONMENTAL DENTAL INSURANCE 01/2010 12.86
GENERAL ENVIRONMENTAL TELEPHONE 12/2009 34.64
GENERAL SOLID WASTE LIFE INSURANCE 01/2010 6.98
GENERAL SOLID WASTE DENTAL INSURANCE 01/2010 11.03
GENERAL FORESTRY LIFE INSURANCE 01/2010 9.07
GENERAL FORESTRY DENTAL INSURANCE 01/2010 12.86
Fund Total: 86,119.00
RECREATION MAINTENANCE SUPPLIES DAY TRIP 12/2009 240.00
MAINT SUPP YOUTH FALL FOOTBALL 12/2009 126.27
RECREATION DANCE 12/2009 108.00
Fund Total: 474.27
SURFACE WATER MANAGEMENT PROFNL SERVICES 12/2009 310.75
310.75 .00
Fund Total:
.00
.00
601 - 494 - 4133 -000 WATER OPERATING WATER LIFE INSURANCE 01/2010 40.17
601 - 494 - 4134 -000 WATER OPERATING WATER DENTAL INSURANCE 01/2010 69.84
601 - 494 - 4215 -000 WATER OPERATING WATER METERS 12/2009 8,692.45
601 - 494 - 4222 -000 WATER OPERATING CHEMICALS 12/2009 66.99
601 - 494 - 4321 -000 WATER OPERATING TELEPHONE 12/2009 59.57
•
Date: 12/30/2009 Time 14:30:11 City of Lino Lakes
FM Entry - Invoice Journal
• Account #
•
•
Description
Fiscal
601 - 494 - 4322 -000
601 - 494 - 4381 -000
602 - 495- 4133 -000
602- 495- 4134 -000
602 - 495- 4211 -000
602 - 495- 4300 -000
602- 495- 4321 -000
602 - 495- 4322 -000
602- 495 - 4381 -000
602 - 495- 4405 -000
602 - 495 -5000 -000
801 - 2022 -000
801 - 2300 -000
Control
A/P
101 - 2020 -000
101 - 2020 -000
201 - 2020 -000
422 - 2020 -000
601 - 2020 -000
601 - 2020 -000
602 - 2020 -000
602 - 2020 -000
801 - 2020 -000
Discount
Manual Checks - Cash
601 - 1010 -000
602 - 1010 -000
WATER OPERATING POSTAGE 12/2009
WATER OPERATING ELECTRICITY 12/2009
Fund Total:
SEWER OPERATING
SEWER OPERATING
SEWER OPERATING
SEWER OPERATING
SEWER OPERATING
SEWER OPERATING
SEWER OPERATING
SEWER OPERATING
SEWER OPERATING
LIFE INSURANCE
SEWER DENTAL INSURANCE
MAINTENANCE SUPPLIES
PROFESSIONAL SERVICES
TELEPHONE
POSTAGE
ELECTRICITY
MWCC SEWER CHARGES
SEWER CAPITAL OUTLAY
01/2010
01/2010
12/2009
12/2009
12/2009
12/2009
12/2009
01/2010
12/2009
Fund Total:
CONTRACTOR'S DEPOSITS POLICE FORFEITURES 12/2009
CONTRACTOR'S DEP GENERAL FUND ESCROW 12/2009
Fund Total:
Operator: KKF Page: 6
Debit
Credit
Grand Totals:
Control Grand Totals:
GENERAL FUND ACCOUNTS PAYABLE
GENERAL FUND ACCOUNTS PAYABLE
RECREATION ACCOUNTS PAYABLE
SURFACE WATER MANAGEMENT ACCOUNTS
WATER OPERATING ACCOUNTS PAYABLE
WATER OPERATING ACCOUNTS PAYABLE
SEWER OPERATING ACCOUNTS PAYABLE
SEWER OPERATING ACCOUNTS PAYABLE
CONTRACTOR'S DEPOSITS ACCOUNTS
12/2009
01/2010
12/2009
PAYABL 12/2009
01/2010
12/2009
12/2009
01/2010
PAYABLE 12/2009
A/P Grand Totals:
Discount Grand Totals:
276.55
2,170.17
11,375.74
40.07
69.81
328.58
20,600.00
50.35
276.55
1,652.08
56,799.28
6,452.00
86,268.72
53.55
597.62
651.17
185,199.65
.00
.00
.00
.00
.00
.00
.00
.00
74,266.55
11,852.45
474.27
310.75
110.01
10,989.18
29,083.01
56,909.16
651.17
184,646.55
.00
WATER OPERATING CASH 12/2009 276.55
SEWER OPERATING CASH 12/2009 276.55
Date: 12/30/2009 Time: 14:30:11
Account #
City of Lino Lakes Operator: KKF Page: 7
FM Entry - Invoice Journal
Description Fiscal Debit Credit
Cash Grand Totals: .00 553.10
•
•
•
•
•
•
CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1
Check Issue Dates: 1/1/2010 - 1/4/2010 Jan 04, 2010 12:41PM
Report Criteria:
Report type: Summary
GL Check Check Vendor
Period Issue Date Number Number
Payee
Description
01/10 01/04/2010 4117 50045
01/10 01/04/2010 4118 50050
01/10 01/04/2010 4119 50120
01/10 01/04/2010 4120 60025
01/10 01/04/2010 4121 60650
01/10 01/04/2010 4122 90200
01/10 01/04/2010 4123 130440
01/10 01/04/2010 4124 130855
01/10 01/04/2010 4125 160550
01/10 01/04/2010 4126 180600
01/10 01/04/2010 4127 190350
01/10 01/04/2010 4128 190500
Grand Totals:
CYNDI ECKART
DARREN ECKART
EMERGENCY APPARATUS MAI
F.I.R.E., INC
FRATTALLONE'S HARDWARE S
INTEREUM
METRO FIRE, INC
MN STATE FIRE DEPT ASSOC
PUBLIC SAFETY CENTER, INC
CITY OF ROSEVILLE
SENTRY SYSTEMS, INC
SIGNS NOW
SUPPLIES FOR DEPT PICNIC
FRAMES /SHADOW BOX
TANKER 21
FIREFIGHTER li CLASS
SUPPLIES
OFFICE FURNITURE 50%
HELMETS
MEMBERSHIP DUES 2010
FIRE EQUIPMENT -PIKE POLES
COMPUTER REPL TRN ROOM
1ST QTR MONITORING STATIO
BLDG SIGNS
Check
Amount
63.06
78.78
556.29
1,750.00
137.62
10,438.94
1,045.62
432.00
1,092.05
597.75
82.56
1,023.43
17,298.10
M = Manual Check, V = Void Check
•
•
AGENDA ITEM 3A
STAFF MEMBER Daniel Tesch, Director of Administration
DATE 11 January 2010
SUBJECT Annual Appointments
VOTE REQUIRED Simple Majority
BACKGROUND
Each year the city council is required to make a number of appointments at its first meeting of
the year. The following is a list of appointments that need to be made:
2010 Recommended
1. Acting Mayor
Kathi Gallup
Dave Roeser
2. Legal Newspaper
Quad Community Press
Quad Community Press
3. Minute Taking Service
TimeSaver, Inc.
As needed
TimeSavers, Inc.
As needed
4. Legal Services
Barna, Guzy & Steffan Ltd.
Ratwick, Roszak & Maloney
Kennedy & Graven
Sweeney, Borer & Sweeney
Barna, Guzy & Steffan Ltd.
Ratwick, Roszak & Maloney
Kennedy & Graven
Sweeney, Borer & Sweeney
5. Labor Services
Springsted, Inc.
Riley, Dettmann & Kelsy
Sherri Le & Associates
Springsted, Inc.
Riley, Dettmann & Kelsey
Sherri Le & Associates
6. Fiscal Agent
Springsted, Inc.
Ehlers & Assoc.
Northland Securities
Public Financial Management
(PFM)
Springsted, Inc.
Ehlers & Assoc.
Northland Securities
Public Financial Management
(PFM)
7. Assessor
Anoka County
Anoka County
8. North Metro
Telecommunication
Commission
Dan Stoltz - Commissioner
Dan Tesch - Alternate
Jeff O'Donnell -
Commissioner
Dan Tesch - Alternate
9. Centennial Fire Steering
Committee
Jeff Reinert (elected)
Kathi. Gallup — (elected)
Jeff Reinert (elected)
Kathi Gallup (elected)
Centennial Fire Steering
Committee
Dan Tesch, Interim City
Administrator
City Administrator
10. Vadnais Lake Watershed
District
Mayor Bergeson (elected)
2007 - 2009
Mr. O'Donnell, Alternate
2007 — 2009
Rob Rafferty (elected)
2007 - 2009
Jeff O'Donnell , Alternate
2007 — 2009
11. County Corrections
Program
Mr. Stoltz
Mr. Dave Pecchia
Rob Rafferty ( elected)
Mr. Dave Pecchia
12. Joint Law Enforcement
Committee
Mr. Jeff Reinert
Mr. Dave Pecchia
Rob Rafferty (elected)
Mr. Dave Pecchia
13. Legal Depositories
Legal Depositories Cont.
Community National Bank
Wells Fargo
US Bank
Merrill Lynch
RBC Dain Rauscher
Wachovia Prudential
Securities
Patriot Bank
LMC 4M Fund
Smith,Barney, Citi Group
Bank of the West
Others as needed
Recommendation is to
continue with current
depositories.
14. Treasurer
Al Rolek, Finance Director
Al Rolek, Finance Director
15. City Engineer
TKDA
SEH
WSB & Assoc. Inc.
Boonestroo, Rosene, Anderlik
& Assoc. Inc.
SRF Consulting Group
TKDA
SEH
WSB & Assoc. Inc.
Boonestroo, Rosene, Anderlik
& Assoc. Inc.
SRF Consulting Group
17. Centennial Utilities
Commission
Mr. Robin Doege
2005 -2007
(3 Year Term)
(2009 -2010)
1 -26 -09
18. Data Practices Compliance
Official
Ms. Julianne Bartell
Ms. Julianne Bartell
19. Auditor
Larson - Allen
Larson- Allen
OPTIONS
1. As recommended in the last column
2. Amend recommendations
RECOMMENDATION
As recommended or council prerogative.
J:\Appointments\2007\Annual Greensheet.doc
•
•
• STAFF ORIGINATOR:
DATE:
TOPIC:
AGENDA ITEM NO. 5A
Rick DeGardner, Public Services Director
January 11, 2010
Consideration of Resolution 09 -119, Clear Wireless LLC
Communication Site Lease Agreement
VOTE REQUIRED: Simple Majority
BACKGROUND:
Clear Wireless LLC is proposing to lease space for the installation of antenna facilities on the city's
existing water storage tank located at 7470 4th Avenue NE. Three sectors of up to four panel
antennas will be placed on the tower. The associated cabinets will be installed inside the tower base
on a platform approximately 7'x 7'.
An intermodulation study was conducted by Owl Engineering & EMC Test labs, Inc. and the results
indicate that the Clear Wireless communications system added frequencies should not cause any
harmful interference problems to any of the existing communications systems.
The proposed agreement provides for rent in the amount of $900 per month for a period of five years.
•The agreement provides for automatic renewals of three additional five -year terms, each with a 5
percent annual rent increase of the previous term's annual rent.
The necessary language to indemnify and hold harmless the City on all claims due to Clear Wireless
LLC operation, installation, or maintenance of their equipment has been included. Staff is requesting
council approval of the attached communication site lease agreement.
OPTIONS:
1. Approve Resolution 09 -119, Clear Wireless LLC Antenna Lease Agreement.
2. Do not approve Resolution 09 -119.
RECOMMENDATION:
Option 1.
•
CITY OF LINO LAKES, MINNESOTA
RESOLUTION NO. 09 -119
APPROVING CLEAR WIRELESS LLC COMMUNICATION
SITE LEASE AGREEMENT
WHEREAS, Clear Wireless LLC is proposing to lease space for the installation of
antenna facilities on the city's existing water storage tank located at 7470 4th
Avenue NE; and
WHEREAS, Clear Wireless LLC is proposing to lease space of approximately 49
square feet inside the tower base. In addition, three sectors of up to four panel
antennas each will be placed on the tower; and
WHEREAS, An intermodulation study was conducted by Owl Engineering & EMC
Test labs, Inc. and the results indicate that the Clear Wireless communications
system added frequencies should not cause any harmful interference problems
to any of the existing communications systems; and
WHEREAS, The proposed agreement provides for rent in the amount of $900
per month for a period of five years. The agreement provides for automatic
renewals of three additional five -year terms, each with a 5 percent annual rent
increase of the previous term's annual rent.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino
Lakes, Minnesota, that the Mayor and Clerk are hereby authorized to execute, on
behalf of the City, an agreement between the City and Clear Wireless LLC, for
the installation of antenna facilities on the city's existing water storage tank
located at 7470 4th Avenue NE.
Passed by the Lino Lakes City Council this 11th day of January, 2010.
Jeff Reinert, Mayor
ATTEST:
Julianne Bartell, City Clerk
•
•
•
SITE NAME Lino Lakes WT - Apollo Dr & 4th .Ave
SITE NUMBER. MN- MSPOI26
COMMUNICATION SITE LEASE AGREEMENT (WATER TANK)
THIS COMMUNICATION SITE LEASE AGREEMENT ( "Agreement ") dated and is effective as of
, 2010, is between Clear Wireless LLC, a Nevada limited liability company ( "Clearwire" or
"Tenant "), and the City of Lino Lakes, a municipal corporation ( "Owner" or "Landlord ").
For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. Premises. Owner owns a parcel of land ( "Land ") and a water tank ( "Water Tank ")
located in the City of Lino Lakes, County of Anoka, State of Minnesota, commonly known as 7470 46 Avenue NE
Lino Lakes, MN 55014 (APN: 17- 31- 22 -23- 0016). The Water Tank and the Land are collectively referred to herein
as the "Property." The Land is more particularly described in Exhibit A annexed hereto. Subject to the provisions
of Paragraph 2 below ( "Effective Date /Due Diligence Period "), Owner hereby leases to Clearwire and Clearwire
leases from Owner approximately Forty -nine (49) square feet of Land and space adjacent to and /or on the Water
Tank and all access and utility easements necessary or desirable therefore (collectively, "Premises ") as may be
described generally in Exhibit B annexed hereto.
2. Effective Date /Due Diligence Period. This Agreement shall be effective on the date of full
execution hereof ( "Effective Date "). Beginning on the Effective Date and continuing until the Term
Commencement Date as defined in Paragraph 4 below ( "Due Diligence Period "), Clearwire shall only be permitted
to enter the Property for the limited purpose of making appropriate engineering and boundary surveys, inspections,
and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental
tests (collectively, "Investigations and Tests ") that Clearwire may deem necessary or desirable to determine the
physical condition, feasibility and suitability of the Premises. In the event that Clearwire determines, during the Due
Diligence Period, that the Premises are not appropriate for Clearwire's intended use, or if for any other reason, or no
reason, Clearwire decides not to commence its tenancy of the Premises, then Clearwire shall have the right to
terminate this Agreement without penalty upon written notice to Owner at any time during the Due Diligence Period
and prior to the Term Commencement Date. Owner and Clearwire expressly acknowledge and agree that
Clearwire's access to the Property during this Due Diligence Period shall be solely for the limited purpose of
performing the Investigations and Tests, and that Clearwire shall not be considered an owner or operator of any
portion of the Property, and shall have no ownership or control of any portion of the Property (except as expressly
provided in this Paragraph 2), prior to the Term Commencement Date.
3. Use. The Premises may be used by Tenant for any lawful activity in connection with the
provisions of wireless communications services, including without limitation, the transmission and the reception of
radio communication signals and the construction, maintenance and operation of related communications facilities.
Landlord agrees, at no expense to Landlord, to cooperate with Tenant, in making application for and obtaining all
licenses, permits and any and all other necessary approvals that may be required for Tenant's intended use of the
Premises.
4. Term. The term of this Agreement shall commence upon the date Tenant begins construction of
the Tenant Facilities (as defined in Paragraph 6 below) or eighteen (18) months following the Effective Date,
whichever first occurs ( "Term Commencement Date ") and shall terminate on the fifth anniversary of the Term
Commencement Date ( "Term ") unless otherwise terminated as provided herein. Tenant shall have the right to
extend the Term for three (3) successive five (5) year periods ( "Renewal Terms ") on the same terms and conditions
as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless
Tenant notifies Landlord of its intention not to renew at least thirty (30) days prior to commencement of the
succeeding Renewal Term.
5. Rent. Within fifteen (15) business days following the Term Commencement Date and on the
first day of each month thereafter, Tenant shall pay to Landlord as rent NINE HUNDRED and 00 /100 Dollars
($900.00) per month ( "Rent "). Rent for any fractional month at the beginning or at the end of the Term or Renewal
Term shall be prorated. Rent shall be increased at the beginning of any applicable Renewal Term by an amount
equal to five percent (5 %) of the Rent for the Term or previous Renewal Term. Rent shall be payable to Landlord at
600 Town Center Parkway, Lino Lakes, MN 55014; Attention: Rick DeGardner. All of Tenant's monetary
obligations set forth in this Agreement are conditioned upon Tenant's receipt of an accurate and executed W -9 Form
from Landlord.
Clearwire Communication Tower Agreement
- 1-
v. j -» -06
SITE NAME Lino Lakes WT - .Apollo Dr 8 4th Ave
SITE NUMBER: MN- MSP0126
6. Improvements.
6.1 Tenant has the right to construct, maintain, install, repair secure, replace, remove and
operate on the Premises radio communications facilities, including but not limited to utility lines, transmission lines,
an ice bridge(s), an air conditioned equipment shelter(s), electronic equipment, transmitting and receiving antennas,
microwave dishes, antennas and equipment, a power generator and generator pad, and supporting equipment and
structures therefore ( "Tenant Facilities "). In connection therewith, Tenant has the right to do all work necessary to
prepare, add, maintain and alter the Premises for Tenant's communications operations and to install utility lines and
transmission lines connecting antennas to transmitters and receivers. All of Tenant's construction and installation
work, excepting like kind replacement, shall be approved by the City prior to installation, such approval not to be
unreasonably withheld, conditioned or delayed, and shall be performed at Tenant's sole cost and expense and in a
good and workmanlike manner. Title to the Tenant Facilities and any equipment placed on the Premises by Tenant
shall be held by Tenant or its lenders or assigns and are not fixtures. Tenant has the right to remove the Tenant
Facilities at its sole expense on or before the expiration or earlier termination of this Agreement, and Tenant shall
repair any damage to the Premises caused by such removal. Upon the expiration or earlier termination of this
Agreement, Tenant shall remove the Tenant Facilities from the Property.
7. Access and Utilities.
7.1 Landlord shall provide Tenant, Tenant's employees, agents, contractors, subcontractors
and assigns with access to the Premises twenty -four (24) hours a day, seven (7) days a week, via an access code
provided to Tenant for a one -time charge of five hundred dollars ($500.00). Landlord grants to Tenant, and
Tenant's agents, employees and contractors, a non - exclusive right and easement for pedestrian and vehicular ingress
and egress across the Property, and such right and easement may be described generally in Exhibit B.
7.2 Landlord shall maintain all access roadways from the nearest public roadway to the
Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather
conditions. Landlord shall be responsible for maintaining and repairing such roadways, at its sole expense, except
for any damage caused by Tenant's use of such roadways.
7.3 Tenant shall be solely responsible, and shall promptly pay all charges, for utility service
to the Premises, for the proper permitting of utility service connections, and for the cost of installation, maintenance,
and repair of all utility services and meters associated with such utility service. Tenant shall have an electric meter
installed at the Premises and shall have the right to run such utility lines and other electrical equipment as may be
necessary from the utility source to the Tenant Facilities.
8. Interference. Tenant shall operate the Tenant Facilities in compliance with all Federal
Communications Commission ( "FCC ") requirements including those prohibiting interference to communications
facilities of Landlord or other lessees or licensees of the Property, provided that the installation and operation of any
such facilities predate the installation of the Tenant Facilities. Subsequent to the installation of the Tenant Facilities,
Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any alterations to
the Property or property contiguous thereto owned or controlled by Landlord, if such modifications are likely to
cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to use best efforts to
eliminate such interference in a reasonable time period. Landlord's failure to comply with this paragraph shall be a
material breach of this Agreement.
9. Taxes. Tenant shall pay personal property taxes assessed against the Tenant Facilities and, all
real property taxes directly attributable to this Agreement.
10. Termination.
10.1 This Agreement may be terminated without further liability on thirty (30) days prior
written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which
default is not cured within sixty (60) days of receipt of written notice of default, except that this Agreement shall not
be terminated if the default cannot reasonably be cured within such sixty (60) day period and the defaulting party
has commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion;
provided that the grace period for any monetary default is ten 0 0) days from receipt of written notice. This
Clearwire Communication Tower Agreement
- 2_
v 5 -22 -06
SITE NAME Lino Lakes WT - Apollo Dr R 4th Ave
SITE NUMBER: MN -MSPO I26
Agreement may be terminated by Tenant without further liability for any reason or for no reason, provided Tenant
delivers written notice of termination to Landlord prior to the Commencement Date.
10.2 This Agreement may also be terminated by Tenant without further liability on thirty (30)
days prior written notice (i) if Tenant is unable to reasonably obtain or maintain any certificate, license, permit,
authority or approval from any governmental authority, thus, restricting Tenant from installing, removing, replacing,
maintaining or operating the Tenant Facilities or using the Premises in the manner intended by Tenant; (ii) if Tenant
determines that the Premises are not appropriate for its operations for economic, environmental or technological
reasons, including without limitation, signal strength, coverage or interference, or (iii) or Tenant otherwise
determines, within its sole discretion, that it will be unable to use the Premises for Tenant's intended purpose.
1 I. Destruction or Condemnation. If the Premises or Tenant Facilities are damaged, destroyed,
condemned or transferred in lieu of condemnation, Tenant may elect to terminate this Agreement as of the date of
the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Landlord no more
than forty -five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of
condemnation. If Tenant chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to
the actual reduction or abatement of use of the Premises.
12. Insurance; Subrogation; and Indemnity.
12.1 Tenant shall provide Commercial General Liability Insurance in an aggregate amount of
One Million and No /100 Dollars ($1,000,000.00). Tenant may satisfy this requirement by obtaining the appropriate
endorsement to any master policy of liability insurance Tenant may maintain.
12.2 Landlord, at Landlord's sole cost and expense, shall procure and maintain CGL insurance
covering bodily injury and property damage with a combined single limit of at least One Million and 00 /100 Dollars
($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of
Landlord, its employees and agents arising out of or in connections with landlord's use, occupancy and maintenance
of the Property. Within thirty (30) days following the Effective Date, Landlord shall provide Tenant with a COI
evidencing the coverage required by this Section.
12.3 Landlord and Tenant hereby mutually release each other (and their successors or assigns)
from liability and waive all right of recovery against the other for any loss or damage covered by their respective
first -party property insurance policies for all perils insured there under. In the event of such insured loss, neither
party's insurance company shall have a subrogated claim against the other.
12.4 Landlord and Tenant shall each indemnify, defend and hold the other harmless from and
against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants'
fees, costs and expenses) (collectively "Losses ") arising from the indemnifying party's breach of any term or
condition of this Agreement or from the negligence or willful misconduct of the indemnifying party or its agents,
employees or contractors in or about the Property. The duties described in this Paragraph 12.4 shall apply as of the
Effective Date of this Agreement and survive the termination of this Agreement.
13. Assignment. Tenant may assign this Agreement at any time with notice to be provided to
Landlord as soon thereafter as reasonably possible.
14. Title and Quiet Enjoyment.
14.1 Landlord represents and warrants that (i) it has full right, power, and authority to execute
this Agreement, (ii) Tenant may peacefully and quietly enjoy the Premises and such access thereto, provided that
Tenant is not in default hereunder after notice and expiration of all cure periods, (iii) it has obtained all necessary
approvals and consents, and has taken all necessary action to enable Landlord to enter into this Agreement and allow
Tenant to install and operate the Facility on the Premises, including without limitation, approvals and consents as
may be necessary from other tenants, licensees and occupants of Landlord's Property, and (iv) the Property and
access rights are free and clear of all liens, encumbrances and restrictions except those of record as of the Effective
Date.
14.2 Tenant has the right to obtain a title report or commitment for a leasehold title policy
from a title insurance company of its choice. If, in the opinion of Tenant, such title report shows any defects of title
Clearwire Communication Tower Agreement
- 3-
v.5 -22 -06
SITE N.AME Lino Lakes WT - .Apollo Dr & 4th Ave
SITE NUMBER. MN -MSPO I26
or any liens or encumbrances which may adversely affect Tenant's use of the Premises, Tenant shall have the right
to terminate this Agreement immediately upon written notice to Landlord.
15. Environmental. As of the Effective Date of this Agreement: (1) Tenant hereby represents and
warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or
affecting the Property in violation of any applicable law or regulation, and (2) Landlord hereby represents and
warrants that (i) it has no knowledge of the presence of any Hazardous Material located in, on, under, upon or
affecting the Property in violation of any applicable law or regulation; (ii) no notice has been received by or on
behalf of Landlord from any governmental entity or any person or entity claiming any violation of any applicable
environmental law or regulation in, on, under, upon or affecting the Property; and (iii) it will not permit itself or any
third party to use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting the
Property in violation of any applicable law or regulation. Without limiting Paragraph 12.4, Landlord and Tenant
shall each indemnify, defend and hold the other harmless from and against all Losses (specifically including,
without limitation, attorneys', engineers', consultants' and experts' fees, costs and expenses) arising from (i) any
breach of any representation or warranty made in this Paragraph 15 by such party; and /or (ii) environmental
conditions or noncompliance with any applicable law or regulation that result, in the case of Tenant, from operations
in or about the Property by Tenant or Tenant's agents, employees or contractors, and in the case of Landlord, from
the ownership or control of, or operations in or about, the Property by Landlord or Landlord's predecessors in
interest, and their respective agents, employees, contractors, tenants, guests or other parties. The provisions of this
Paragraph 15 shall apply as of the Effective Date of this Agreement and survive termination of this Agreement.
"Hazardous Material" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated
substances, pollutants or contaminants or terms of similar import, as such terms are defined in any applicable
environmental law or regulation, and shall include, without limitation, any petroleum or petroleum products or by-
products, flammable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and any
other substance or material which constitutes a threat to health, safety, property or the environment or which has
been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any
applicable environmental law or regulation.
16. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory
or otherwise concerning the Tenant Facilities or any portion thereof which shall be deemed personal property for the
purposes of this Agreement, whether or not the same is deemed real or personal property under applicable laws, and
Landlord gives Tenant and Mortgagees the right to remove all or any portion of the same from time to time, whether
before or after a default under this Agreement, in Tenant's and /or Mortgagee's sole discretion and without
Landlord's consent.
17. Notices. All notices, requests, demands and other communications hereunder shall be in writing
and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by for
next - business -day delivery by a nationally recognized overnight carrier to the following addresses:
If to Tenant, to:
With a copy to:
if to Landlord, to:
Clear Wireless LLC
Clear Wireless LLC
City of Lino Lakes
Attn: Site Leasing
Attention: Legal Department
Attn: Rick DeGardner
4400 Carillon Point
4400 Carillon Point
600 Town Center Parkway
Kirkland, WA 98033
Kirkland, WA 98033
Lino Lakes, MN 55014
Telephone: 425 -216 -7600
Telephone: 425 -216 -7600
Telephone: 651 - 982 -2444
Fax: 425- 216 -7900
Fax: 425 -216 -7900
Email: Siteleasing@clearwire.com
Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other
party. All notices hereunder shall be deemed received upon actual receipt or refusal to accept delivery.
18. Marking and Lighting. Landlord shall be responsible for compliance with all marking and
lighting requirements of the Federal Aviation Administration ( "FAA ") and the FCC. Should Tenant be cited
because the Property is not in compliance and should Landlord fail to cure the conditions of noncompliance, Tenant
may either terminate this Agreement or proceed to cure the conditions of noncompliance at Landlord's expense,
which amounts may be deducted from (and offset against) the Rent and any other charges or amounts due, or
coming due, to Landlord.
Clearwire Communication Tower Acreement
- 4-
s 5 -22 -06
SITE NAME Lino Lakes WT - Apollo Dr & 4th .Ave
SITE NUMBER. MN- MSPOI26
19. Miscellaneous.
19.1 If Tenant is to pay Rent to a payee other than the Landlord, Landlord shall notify Tenant
in advance in writing of the payee's name and address.
19.2 The substantially prevailing party in any legal claim arising hereunder shall be entitled to
its reasonable attorney's fees and court costs, including appeals, if any.
19.3 If any provision of the Agreement is invalid or unenforceable with respect to any party,
the remainder of this Agreement or the application of such provision to persons other than those as to whom it is
held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
19.4 Terms and conditions of this Agreement which by their sense and context survive the
termination, cancellation or expiration of this Agreement will so survive.
19.5 This Agreement shall be governed under law of the State in which the Premises are
located, and be binding on and inure to the benefit of the successors and permitted assignees of the respective
parties.
19.6 A Memorandum of Agreement in the form attached hereto as Exhibit C may be recorded
by Tenant confirming the (i) effectiveness of this agreement, (ii) expiration date of the Term, (iii) the duration of any
Renewal Terms, and /or other reasonable terms consistent with this Agreement.
19.7 All Exhibits referred herein are incorporated herein for all purposes.
19.8 Landlord shall make a diligent and good faith effort to obtain a Nondisturbance
Agreement for the benefit of Tenant from each lender with a security interest recorded upon the title to the Site at
the time of execution of this Agreement.
19.9 This Agreement constitutes the entire Agreement between the parties, and supersedes all
understandings, offers, negotiations and other leases concerning the subject matter contained herein. There are no
representations or understandings of any kind not set forth herein. Any amendments, modifications or waivers of
any of the terms and conditions of this Agreement must be in writing and executed by both parties.
IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date first above written.
LANDLORD: TENANT:
The City of Lino Lakes, Clear Wireless LLC, a Nevada limited liability company
a municipal corporation
By: By:
Name: Name:
Title: Title:
Date: Date:
Tax I.D.:
Clearwire Communication Tower Aureement
5
r 5 -22 -06
[Notary block for a Corporation]
STATE OF
COUNTY OF
) ss.
I certify that I know or have satisfactory evidence that
before me, and said person acknowledged that he /she signed this
authorized to execute the instrument and acknowledged it as the
,a
for the uses and purposes mentioned in the instrument.
Dated:
(Use this space for notary stamp /seal)
[Notary block for an individual]
STATE OF
COUNTY OF
SITE NAME Lino Lakes WT - Apollo Dr 8 4th Ave
SITE NUMBER MN- MSPO126
is the person who appeared
instrument, on oath stated that he /she was
of
, to be the free and voluntary act of such party
Notary Public
Print Name
My commission expires
) ss.
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he /she signed this instrument and
acknowledged it to be his /her free and voluntary act for the uses and purposes mentioned in the instrument.
Dated:
(Use this space for notary stamp /seal)
[Notary block for Tenant]
Clearwire Communication Tower Aureement
Notary Public
Print Name
My commission expires
- 6-
v_$ -22 -06
STATE OF
COUNTY OF
)
) ss.
SITE NAME Lino Lakes WT - Apollo Dr & 4th Ave
SITE NUMBER. MN- MSP0126
I certify that 1 know or have satisfactory evidence that is the person who appeared before
me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute
the instrument and acknowledged it as the of Clear Wireless, a Nevada limited liability company, to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
(Use this space for notary stamp /seal)
Cleanvire Communication Tower Aureement
Notary Public
Print Name
My commission expires
7 - v 5 -22 -06
SITE NAME Lino Lakes WT - Apollo Dr & 4th Ave
SITE NUMBER MN- MSP0126
EXHIBIT A
DESCRIPTION OF LAND
to the Agreement dated , 2010, by and between the City of Lino Lakes, a municipal corporation, as
Landlord, and Clear Wireless, a Nevada limited liability company, as Tenant.
The Land is described and/or depicted as follows (metes and bounds description):
APN: 17- 31 -22 -23 -0016
A WRITTEN DESCRIPTION OF THE LAND WILL BE PRESENTED HERE OR ATTACHED HERETO
Clearwire Communication Tower Agreement
- 8-
s 5-22-06
•
•
•
SITE NAME Lino Lakes WT - Apollo Dr & 4th Ave
SITE NUMBER- MN- MSP0126
EXHIBIT B
DESCRIPTION OF PREMISES
to the Agreement dated , 2010, by and between the City of Lino Lakes, a municipal corporation, as
Landlord, and Clear Wireless, a Nevada limited liability company, as Tenant.
The Premises are described and /or depicted as follows:
A DRAWING OF THE PREMISES WILL BE PRESENTED HERE OR ATTACHED HERETO
Notes:
1. Tenant may replace this Exhibit with a survey of the Premises once Tenant receives it.
2. The Premises shall be setback from the Property's boundaries as required by the applicable governmental
authorities.
3. The access road's width will be the width required by the applicable governmental authorities, including
police and fire departments.
4. The type, number, mounting positions and locations of antennas and transmission lines are illustrative only.
The actual types, numbers, mounting positions and locations may vary from what is shown above.
5. The locations of any utility easements are illustrative only. The actual locations will be determined by the
servicing utility company in compliance with all local laws and regulations.
Cleanvire Communication Tower Agreement
- 9-
v.5-22-06
SITE NAME Lino Lakes WT - Apollo Dr & 4th Ave
SITE NUMBER: MN- MSP0126
EXHIBIT C
COMMUNICATIONS FACILITY
to the Agreement dated , 2010, by and between the City of Lino Lakes, a municipal corporation, as
Landlord, and Clear Wireless, a Nevada limited liability company, as Tenant.
RECORDED AT REQUEST OF, AND
WHEN RECORDED RETURN TO:
Clear Wireless
4400 Carillon Point
Kirkland, WA 98033
Attn: Site Leasing
MEMORANDUM OF AGREEMENT
APN: 17- 31 -22 -23 -0016
This MEMORANDUM OF AGREEMENT is entered into on , 2010, by The City of Lino
Lakes, a municipal corporation, with an address at 600 Town Center Parkway, Lino Lakes, MN 55014 (hereinafter
referred to as "Owner" or "Landlord ") and Clear Wireless, a Nevada limited liability company, with an address at
4400 Carillon Point, Kirkland, WA 98033 (hereinafter referred to as "Clearwire" or "Tenant ").
1. Owner and Clearwire entered into a Communication Site Lease Agreement
( "Agreement ") dated as of , 2009, effective upon full execution of the parties ( "Effective Date ")
for the purpose of Clearwire undertaking certain Investigations and Tests and, upon finding the Property appropriate,
for the purpose of installing, operating and maintaining a communications facility and other improvements. All of
the foregoing is set forth in the Agreement.
2. The term of Clearwire's tenancy under the Agreement is for five (5) years
commencing on the start of construction of the Tenant Facilities or eighteen (18) months following the Effective
Date, whichever first occurs ( "Term Commencement Date "), and terminating on the fifth anniversary of the Term
Commencement Date with five (5) successive five (5) year options to renew.
3. The Land that is the subject of the Agreement is described in Exhibit A annexed hereto. The
portion of the Land being leased to Tenant and all necessary access and utility easements (the "Premises ") are set
forth in the Agreement.
In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first
written above.
•
•
LANDLORD: TENANT:
The City of Lino Lakes, Clear Wireless,
a municipal corporation a Nevada limited liability company
By: EXHIBIT ONLY — DO NOT EXECUTE By: EXHIBIT ONLY — DO NOT EXECUTE
Name: Name:
Title: Title:
Date: Date:
Clearwire Communication Tower Agreement
- 10-
c.5 -22 -06
•
•
•
SITE NAME Lino Lakes WT - .Apollo Dr & 4th .Ave
SITE NUMBER: MN- MSP0126
[Notary block for a Corporation]
STATE OF )
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person who appeared
before me, and said person acknowledged that he /she signed this instrument, on oath stated that he /she was
authorized to execute the instrument and acknowledged it as the of
, to be the free and voluntary act of such party
a
for the uses and purposes mentioned in the instrument.
Dated:
(Use this space for notary stamp /seal)
Notary Public
Print Name
My commission expires
[Notary block for an individual]
STATE OF
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he /she signed this instrument and
acknowledged it to be his /her free and voluntary act for the uses and purposes mentioned in the instrument.
Dated:
(Use this space for notary stamp /seal)
[Notary block for Tenant]
Clearwire Communication Tower Agreement
Notary Public
Print Name
My commission expires
v.5-22-06
STATE OF
COUNTY OF
)
) ss.
SITE NAME Lino Lakes WT - Apollo Dr 8 4th Ave
SITE NUMBER MN- MSP0126
I certify that I know or have satisfactory evidence that is the person who appeared before
me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute
the instrument and acknowledged it as the of Clear Wireless, a Nevada limited liability company, to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
(Use this space for notary stamp /seal)
Clearwire Communication Tower Agreement
Notary Public
Print Name
My commission expires
- 12_
e 5 -22 -06
•
•
•
AGENDA ITEM 6.A.i.
STAFF ORIGINATOR: Paul Bengtson
CC MEETING DATE: January 11, 2010
TOPIC: Resolution No. 10 -03
Conditional Use Permits
Automobile and Truck Repair (Motorcycle Repair)
Accessory Retail Sales
The Boarhouse' at 7317/7319 Lake Drive
BACKGROUND
The property at 7317/7319 Lake Drive is 43,584 square foot in area and is
currently developed with an 8,694 square foot building. The owner of the
building operates an Automobile Repair Shop
(Don's Circle Service) out of the
majority of the building. That use was approved by the City Council via a
Conditional Use Permit on 9/22/1997.
That conditional use permit was only for a portion of the structure, so the owner
is now requesting that another Conditional Use be approved for the remaining
portion of the building which will allow The Boarhouse' to relocate to Lino Lakes
from Lexington. Additionally, since some parts sales are anticipated a second
Conditional Use Permit for accessory retail activity is being requested.
A survey with grading and proposed t lot improvements was
been completely reviewed submitted s tall,
December 3, 2009. This plan sheet has
and comments will be forthcoming.
ANALYSIS
Comprehensive Plan, Land Use and Zoning: The table below identifies the
existing land use and zoning as well as guided land uses for the area.
Location
Site
North
South
East
West
Existing Land Use
Auto Body Shop
Vacant
Contractor
Single Family Dwellings
Church
Ponding
Guided Land Use
Industrial
Industrial
Industrial
Low Density Sewered Residential
Public / Semi - Public
Public / Semi - Public
Existing Zoning
Light Industrial
Light Industrial
Light Industrial
R -1 (Single Family Residential)
R -3 (Medium Density Residential)
Public / Semi - Public
Automobile and Truck Repair (Motorcycles)
The applicant has proposed to operate an Automobile and Truck Repair facility
specializing in motorcycle repair. This use requires a conditional use permit in the
LI (Light Industrial) zoning district. In addition, they would like to be allowed to
sell some accessories that they will not always be installing on site. This
proposed use of Accessory Retail Sales also requires a conditional use permit in
the LI (Light Industrial) zoning district.
According to Section 2, Subdivision 2 of the Zoning Ordinance, The Planning and
Zoning Board shall recommend a conditional use permit and the Council shall
order the issuance of such permit only if it finds the following criteria have been
met
a) The proposed development application has been found to be consistent
with the policies and recommendations of the Lino Lakes Comprehensive
Plan.
The existing comprehensive plan guides this site for Industrial
development and the draft 2030 plan does as well. This uses
proposed will therefore be consistent with the Comprehensive Plan.
b) The proposed development application is compatible with present and
future land uses of the area.
The proposed uses are extremely similar to that which already
occurs on the site; therefore the present and future land uses of the
area should not be adversely affected.
c) The proposed development application conforms to performance
standards herein and other applicable City Codes.
Staff believes that with some improvements to the parking area, the
site will meet the performance standards required by city
regulations.
d) Traffic generated by a proposed development application is within the
capabilities of the City.
The proposed uses do not pose a significant increase in traffic
generation.
e) The proposed development shall be served with adequate and safe water
supply.
The property was connected to city water when the fire suppression
system was installed about ten years ago.
The Boarhouse
Page 2of12
•
•
•
•
f) The proposed development shall be served with an adequate and safe
sanitary sewer system.
The property has a holding tank system as the site does not have
adequate land for a treatment system and is not immediately
adjacent to sewer mains.
The proposed development shall not result in the premature expenditures
of City funds on capital improvements necessary to accommodate the
proposed development.
Staff cannot identify any reason why these uses would require any
capital improvements on the part of the city.
h) Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property, or
the general welfare because of excessive production of traffic, noise,
smoke, fumes, glare, or odors.
Staff finds that there should not be any issues with the uses so long
as all activities are conducted inside the building, with all doors
closed and the hours of operation are limited to normal business
hours.
g)
i) Will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
Staff cannot identify any natural, scenic or historic features on this
site.
In addition to those considerations, the specific conditions listed with this use are
as follows:
1. Automobile and truck repair provided that:
a. The architectural appearance and functional plan of the
building and site shall not be so dissimilar to the existing
buildings or area as to cause impairment in property values
or constitute a blighting influence within a reasonable
distance of the lot.
The building is existing, and the addition of this use to
the site will not cause any impairment or blight.
—26—
The Boarhouse
Page 3 of 12
b. All building materials and construction including those of
accessory structures must be in conformance with Section 3,
Subd. 4.D. of this Ordinance.
The building is existing, and the exterior is not proposed
to be changed with this proposed use.
c. Not Tess than twenty -five (25) percent of the lot, parcel or
tract of land shall remain as landscaped green area
according to the approved landscape plan.
The site is existing, and while it does not meet this
requirement, the ponding area to the west was a part of
this site originally before being sold /swapped to the
school district.
d. The entire area other than occupied by buildings or
structures or planting shall be surfaced with bituminous or
concrete which will control dust and drainage. The entire
area shall have a perimeter curb barrier, a storm water
drainage system and is subject to the approval of the City
Engineer.
The applicant has submitted plans which are being
reviewed by the City Engineer, staff has every
confidence that a paving plan can be agreed upon and
implemented in the spring.
e. All buildings shall provide an interior location for trash
handling or an enclosed trash receptacle area in
conformance with the following:
1) Exterior wall treatment shall be similar and /or
complement the principal building.
2) The enclosed trash receptacle area shall be located in
the rear or in a side yard which is not abutting a
street.
3) The trash enclosure must be in an accessible location
for pick up hauling vehicles.
4) The trash enclosure must be fully screened from view
of adjacent properties.
The building provides ample room for trash receptacle
areas, this approval will include this requirement as a
condtion.
The Boarhouse
Page 4ofl2
_27_
•
•
•
•
•
f All painting must be conducted in an approved paint booth.
All paint booths and all other activities of the operation shall
thoroughly control the emission of fumes, dust or other
particulated matter so that the use shall be in compliance
with the State of Minnesota Pollution Control Standards,
Minnesota Regulation APC 1 -15, as amended.
If painting is to be accomplished on the site, the owner
of the business will be required to comply with MPCA
standards.
g.
The emission of odor by a use shall be in compliance with
and regulated by the State of Minnesota Pollution Control
Standards, Minnesota Regulations APC, as amended.
The MPCA and Anoka County will both monitor and
license this use as appropriate.
h. All flammable materials, including liquids and rags, shall
conform with the applicable provisions of the Minnesota
Uniform Fire Code.
The Centennial Fire Department will work with the
applicant to confirm that they are meeting all applicable
fire codes.
i. All outside storage shall be prohibited except the storage of
customer vehicles waiting for repair.
J.
The site is currently used for storage above and beyond
customer vehicles waiting for repair. This was a
condition of approval for the original CUP and will be a
condition of approval for the new CUP. As such the site
should be cleaned up immediately.
Off- street parking shall be in conformance with Section 3,
Subd. 5. of this Ordinance and a loading area or berth shall
be provided in conformance with Section 3, Subd. 6. of this
Ordinance.
The entire lot provides parking areas, as this use will
focus on motorcycles; the parking will be more than
adequate to serve the business.
_28_
The Boarhouse
Page 5 of 12
k. All conditions pertaining to a specific site are subject to
change when the Council, upon investigation in relation to a
form request, finds that the general welfare and public
betterment can be served by modifying the conditions.
Staff is recommending a regular review of this use to
determine if any modifications are necessary.
2. Accessory, indoor retail, rental, or service activity other than that
allowed as a permitted use or conditional use within this section,
provided that:
a. Such use is accessory and related to the permitted industrial
use allowed within the LI District.
The proposed Conditional Use Permit for Automobile
and Truck Repair would establish that as a permitted
use on the site, and sales would be restricted to the
accessories related to motor vehicles.
b. Such use does not constitute more than thirty (30) percent of
the gross floor area of the principal building.
As no floor plan was submitted, staff recommends a
condition of approval that restricts the sales area to no
more than 30 percent of the lease space.
ADDITIONAL BACKGROUND
Staff contacted both the City of Lexington and the Centennial Lakes Police
Department, and neither organization had any records of zoning /ordinance
violations related to this business at its current location.
The Boarhouse
Page 6of12
_29_
•
•
•
•
PLANNING AND ZONING BOARD
On December 9, 2009 the Planning and Zoning Board voted unanimously to
recommend approval of this Conditional Use Permit request.
RECOMMENDATIONS
The finding of facts, along with the following conditions supports approval of the
requests:
1. The comments made by the City Engineer must be addressed to his
satisfaction prior to any construction activities on the site.
2. The paving and curb required on the rear of the lot shall be completed by
June 1, 2010, and appropriate financial securities shall be submitted to the
city to guarantee that the work is completed.
3. Hours of Operation for this use shall be limited to lam — 7pm Monday
through Saturday and 9am — 5pm on Sunday.
II4. All repair or installation work shall be completed inside the building with all
doors closed to limit impacts on the surrounding area.
5. The base conditions for Accessory Indoor Retail Activity must continue to
be met. (Conditions listed out in Resolution)
6. The base conditions for Automobile and Truck Repair must continue to be
met. (Conditions listed out in Resolution)
ATTACHMENTS
1. Zoning Map of surrounding area
2. Resolution No. 10 -03
3. Certificate of Survey submitted December 3, 2009
—30—
The Boarhouse
Page 7 of 12
LOCATION AND ZONING MAP
aP
PSP
ELM ST ELM ST ,ELM ST
Fopyrigltt SSEH 2093
z
NB
R
POST RD
ELM ST - r
v
23
R -3
FORSHAM LAKE DR`"
". POST RD _. _._
-31-
Oi.
y.,
arshan Lake
SUBJECT
SITE
t3IOft
The Boarhouse
Page 8 of 12
■
•
•
•
•
•
Council Member introduced the following resolution and moved
its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 10 -03
RESOLUTION APPROVING CONDITIONAL USE PERMITS FOR AN
AUTOMOBILE REPAIR FACILITY WITH ACCESSORY RETAIL SALES TO
ALLOW A MOTORCYCLE REPAIR BUSINESS AT 7317 & 7319 LAKE DRIVE.
WHEREAS, the City has received an application for conditional use permits for
an automobile and truck repair facility and for accessory, indoor retail activity for
property currently described to -wit:
THAT PRT OF SW1 /4 OF SW1 /4 OF SEC 17 TWP 31 RGE 22
DESC AS FOL: BEG AT INTER OF S LINE OF N 300 FT OF SD
1/4 1/4 & WLY RNV LINE OF LAKE DR, THS25 DEG 20 MIN 49
SEC W, ASSD BRG, ALG SD RAN LINE 127.34 FT, TH N 64 DEG
39 MIN 11 SEC W 272.63 FT, TH N 25 DEG 20 MIN 49 SEC E 160
FT, TH S 64 DEG 39 MIN 11 SEC E 272.63 FT TO SD WLY R/W
LINE, TH S 25 DEG 20 MIN 49 SEC W ALG SD WLY R/W LINE
32.66 FT TO POB, (AKA PRT OF LOTS 1 & 2 AUD SUB NO 54),
SUBJ TO EASE OF REC
; and
WHEREAS, at their meeting on December 9, 2009, the Planning & Zoning Board
conducted a public hearing and recommended approval of the conditional use
permits subject to the conditions listed in the meeting minutes; and
WHEREAS, the proposed conditional use permits meets the requirements of the
City's zoning ordinance and subdivision ordinance subject to certain conditions of
approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes
hereby approves the conditional use permits based on the findings in the staff
report and subject to the following conditions of approval:
1. The comments made by the City Engineer must be addressed to his
satisfaction prior to any construction activities on the site.
2. The paving and curb required on the rear of the lot shall be completed by
June 1, 2010, and appropriate financial securities shall be submitted to the
city to guarantee that the work is completed.
—32—
The Boarhouse
Page 9 of 12
3. Hours of Operation for this use shall be limited to lam — 7pm Monday
through Saturday and 9am — 5pm on Sunday.
4. All repair or installation work shall be completed inside the building with all
doors closed to limit impacts on the surrounding area.
5. The base conditions for the proposed uses must be met at all times. The
base conditions for Accessory, Indoor Retail Activity are:
a. Such use is accessory and related to the permitted industrial
use allowed within the LI District.
b. Such use does not constitute more than thirty (30) percent of
the gross floor area of the principal building.
6. The base conditions for the proposed uses must be met at all times. The
base conditions for Automobile and Truck Repair are:
a. The architectural appearance and functional plan of the
building and site shall not be so dissimilar to the existing
buildings or area as to cause impairment in property values
or constitute a blighting influence within a reasonable
distance of the lot.
b. All building materials and construction including those of
accessory structures must be in conformance with Section 3,
Subd. 4.D. of this Ordinance.
c. Not less than twenty -five (25) percent of the lot, parcel or
tract of land shall remain as landscaped green area
according to the approved landscape plan.
d. The entire area other than occupied by buildings or
structures or planting shall be surfaced with bituminous or
concrete which will control dust and drainage. The entire
area shall have a perimeter curb barrier, a storm water
drainage system and is subject to the approval of the City
Engineer.
e. All buildings shall provide an interior location for trash
handling or an enclosed trash receptacle area in
conformance with the following:
1) Exterior wall treatment shall be similar and /or
complement the principal building.
2) The enclosed trash receptacle area shall be located in
the rear or in a side yard which is not abutting a
street.
The Boarhouse
Page l0 of 12
—33—
•
•
•
•
•
•
3) The trash enclosure must be in an accessible location
for pick up hauling vehicles.
4) The trash enclosure must be fully screened from view
of adjacent properties.
f. All painting must be conducted in an approved paint booth.
All paint booths and all other activities of the operation shall
thoroughly control the emission of fumes, dust or other
particulated matter so that the use shall be in compliance
with the State of Minnesota Pollution Control Standards,
Minnesota Regulation APC 1 -15, as amended.
The emission of odor by a use shall be in compliance with
and regulated by the State of Minnesota Pollution Control
Standards, Minnesota Regulations APC, as amended.
h. All flammable materials, including liquids and rags, shall
conform with the applicable provisions of the Minnesota
Uniform Fire Code.
g.
j.
All outside storage shall be prohibited except the storage of
customer vehicles waiting for repair.
Off - street parking shall be in conformance with Section 3,
Subd. 5. of this Ordinance and a loading area or berth shall
be provided in conformance with Section 3, Subd. 6. of this
Ordinance.
k. All conditions pertaining to a specific site are subject to
change when the Council, upon investigation in relation to a
form request, finds that the general welfare and public
betterment can be served by modifying the conditions.
Jeff Reinert, Mayor
ATTEST:
Julie Bartell, City Clerk
Adopted by the Lino Lakes City Council this 11th day of January, 2010.
The motion for the adoption of the foregoing resolution was duly seconded by
Council Member and upon vote being taken thereon, the following
voted in favor thereof:
—34—
The Boarhouse
Page 11 of 12
The following voted against same:
Whereupon said resolution was declared duly passed and adopted.
The Boarhouse
Page 12 of 12
—35—
•
•
•
•
1
1
IUMR
1
1
ik
CO ��4Y � r \ a8 Pa�P 68
® &0.4 86AFt
4 /
COD
4 tiffs
W'_
CD 110
OM GI
e.
es.
O
A
4
4
1g
I =Pi 2
• a
ilAi
g
EVE
fi
6 EM
SS1v • d p• b
a Aill
a 4� ti*"w ▪ 1 11811V/
tom•
4'44 4
• ° W J E!
^sg3
g
p
0
W
D O
-r'
HUH
M O O O O C
1'• ®1!
F.
33g a 8
am a g4
a
BH 01
°N yu'ja mg!gig
Rgii gang;
¢OD¢6[fpO
O
C3
a
a
D
as
ip
Sb
1j
1
•
•
STAFF ORIGINATOR:
CITY COUNCIL
MEETING DATE:
TOPIC:
AGENDA ITEM 6Aii
James E. Studenski, City Engineer
January 11, 2010
Resolution No. 10 -01, Authorizing Execution of
Performance Agreement, 7317 and 7319 Lake Drive
`Boarhouse'.
ACTION REQUIRED: 3/5 Vote
BACKGROUND:
On September 22, 1997 a conditional use permit was given for the operation of an automotive
repair business in a portion of the property at 7317 and 7319 Lake Drive. The owner is
proposing to have a tenant move into the remainder of that property. The City is requiring that
the owner of the 7317 and 7319 Lake Drive complete the remaining requirements of the original
September 22, 1997 conditional use permit as part of the approval of the new conditional use
permit for the new tenant. This performance agreement covers the work associated with the
remaining requirements of the original conditional use permit.
In accordance with City policy, staff has prepared a Performance Agreement for 7317 and 7319
Lake Drive `Boarhouse'. The agreement provides for the following:
1. Submittal by the developer of a Letter of Credit in the amount of $25,000.00 representing
the development improvement costs. A letter of credit covering the City Improvements is
not required because all utility connection charges have been assessed to the property.
2. Deposit of a cash escrow in the amount of $5,000.00 to reimburse the City for costs
incurred by the City related to the development and improvements of the site.
The developer has reviewed the contract and is aware of the conditions set forth.
RECOMMENDATION:
Staff recommends approving Resolution Number 10 -01, Authorizing Execution of Performance
Agreement, 7317 and 7319 Lake Drive `Boarhouse'.
Council Member introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 10-01
RESOLUTION AUTHORIZING EXECUTION OF PERFORMANCE AGREEMENT,
7317 AND 7319 LAKE DRIVE, `BOARHOUSE'
WHEREAS, the City Council approved a conditional use permit for the property at 7317 and
7319 Lake Drive on September 22, 1997.
WHEREAS, the City Council approved a conditional use permit for 7317 and 7319 Lake Drive,
`Boarhouse' on January 11, 2010.
WHEREAS, this performance agreement covers the remaining work not completed under the
requirements of the September 22, 1997 conditional use permit.
NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the
Performance Agreement with 7317 and 7319 Lake Drive, `Boarhouse', and authorizes the Mayor
and City Clerk to execute such agreement on behalf of the city.
Jeff Reinert, Mayor
Julianne Bartell, City Clerk
Adopted by the Lino Lakes City Council this 11th day of January 2010.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member
and upon vote being taken thereon, the following voted in favor thereof:
The following voted against same:
Whereupon said resolution was declared duly passed and adopted.
•
•
•
• CITY OF LINO LAKES, MINNESOTA
SITE IMPROVEMENT PERFORMANCE AGREEMENT
THIS AGREEMENT made this 1 lth day of January 2010, is by and between the
City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota
55014, a municipal corporation organized under the laws of the State of Minnesota,
hereinafter referred to as the "City", and Dean Quimby, whose address is 335 Thomas
Street, Lino Lakes Minnesota, 55014, hereinafter referred to as the "Developer ".
WHEREAS, the Developer has received approval of Site Development Plans,
hereinafter called the "Plans ", by the City on the 11th day of January 2010, by Resolution
No. 10 -1 (Exhibit A), and in accordance with the Plans all of which are made a part
hereof by reference. In consideration of such approval, the Developer, its successors and
assigns, does covenant and agree to perform the work as set forth in the Plans, in the
aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to
as "Property") described as follows:
THAT PRT OF SW1 /4 OF SW1 /4 OF SEC 17 TWP 31 RGE 22 DESC AS FOL: BEG
AT INTER OF S LINE OF N 300 FT OF SD 1/4 1/4 & WLY R/W LINE OF LAKE DR,
• TH S 25 DEG 20 MIN 49 SEC W, ASSD BRG, ALG SD R/W LINE 127.34 FT, TH N
64 DEG 39 MIN 11 SEC W 272.63 FT, TH N 25 DEG 20 MIN 49 SEC E 160 FT, TH S
64 DEG 39 MIN 11 SEC E 272.63 FT TO SD WLY R/W LINE, TH S 25 DEG 20 MIN
49 SEC W ALG SD WLY R/W LINE 32.66 FT TO POB, (AKA PRT OF LOTS 1 & 2
AUD SUB NO 54), SUBJ TO EASE OF REC
NOW, THEREFORE, in consideration of the mutual promises of the parties made
•
herein,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO:
I. DESIGNATION OF IMPROVEMENTS.
A. Improvements on the project site to be installed at the Developer's
expense by the Developer as hereinafter provided are hereinafter referred
to as "On -site Work ".
B. Improvements off the project site to be installed at the Developer's
expense by the Developer as hereinafter provided are hereinafter referred
to as "Off -site Work ".
II. ON -SITE WORK.
January 11, 2010 The Boarhouse at 7317 / 7319 Lake Drive - Performance Agreement Page 1 of 8
—39—
A. On -Site Work. The On -site Work shall consist of the improvements
described in the approved Plans, to include any approved subsequent
amendments, and shall be in compliance with all applicable statutes, codes
and ordinances of the City. The Work includes all on -site exterior
amenities as shown on the approved Plans and as required by the plan
approval, such as, but not limited to: landscaping, private driveways,
parking areas, storm drainage systems, curbing, lighting, fencing, fire
lanes, outside trash disposal enclosures, exterior building architectural
design and building elements, site grading and erosion control measures.
Such improvements shall be completed in accordance with Section IV
herein.
B. Cost Estimates. The Developer shall provide the City with a written
estimate of all applicable costs of the On -Site Work, itemized by type; the
estimates shall be based upon the actual estimates provided by the
contractors who are to do the Work. Said cost estimates shall be reviewed
by the City, and the City shall establish the actual amount of the financial
guarantee. The description and estimated cost of Developer's On -site
Work is as follows:
Description of Improvements Estimated Costs
1. Surveying, Site Grading and Erosion Control $ 5,000.00
2. Asphalt Paving/Curb & Gutter $ 20,000.00
Total Estimated Cost of Developer $ 25,000.00
Improvements
Security Requirement $ 25,000.00
Note: Sanitary Sewer, Surface Water Management, and Water Connection
charges were assessed to the property taxes on January 13, 1998.
III. OFF -SITE WORK
A. Right -of -Way. The Developer shall be responsible for acquiring any
right -of -way, temporary easements, or permanent easements necessary for
the making of such improvements.
B. Plans & Specifications. The Developer shall prepare plans and
specifications for the making of such improvements. Said plans and
specifications shall be subject to review and approval by the City of Lino
Lakes and Anoka County.
C. Construction Observation. The Developer shall instruct its engineer to
provide adequate field inspection personnel to assure an acceptable level
of quality control to the extent that the Developer's engineer will be able to
certify that the construction work meets the approved City and County
January 11, 2010 The Boarhouse at 7317 / 7319 Lake Drive - Performance Agreement
—40—
Page 2 of 8
•
•
•
•
•
•
standards as a condition of City /County acceptance. In addition, the City
and/or County shall have one or more inspectors inspect the work on a full
or part-time basis.
The Developer, its contractors and subcontractors, shall follow all
reasonable instructions received from the City's inspectors.
IV. COMPLETION DATE.
If the activities authorized by site and building plan approval are not completed
within eighteen (6) months (July 11, 2010), the City may exercise any remedies as
set forth in Section VII., unless an extension is granted by the City.
V. GUARANTEE.
A. The Developer will fully and faithfully comply with all terms and
conditions of any and all contracts entered into by the Developer for the
installation and construction of all Developer's Off -site Work and hereby
guarantees the workmanship and materials for a period of one year
following the City's final acceptance of the Developer's Off -site Work.
Concurrently with the execution hereof by the Developer, the Developer
will furnish to, and at all times thereafter maintain with the City, a cash
deposit, certified check, or Irrevocable Letter of Credit, based on thirty -
five (35 %) percent of the total estimated cost of Developer's On -site and
Off -site Work or a minimum of $25,000.00. An Irrevocable Letter of
Credit shall be for the exclusive use and benefit of the City of Lino Lakes
and shall state thereon that the same is issued to guarantee and assure
performance by the Developer of all the terms and conditions of this
Development Contract and construction of all required improvements in
accordance with the ordinances and specifications of the City. The City
reserves the right to draw, in whole or in part, on any portion of the
Irrevocable Letter of Credit for the purpose of guaranteeing the terms and
conditions of this contract. The Irrevocable Letter of Credit shall be
automatically extended for additional periods of one year from present or
future expiration dates unless thirty (30) days prior to such the City Clerk
or Administrator is notified in writing by certified mail that the Letter of
Credit will not be renewed.
B. The Developer may request reduction of the Letter of Credit, or cash
deposit based on prepayment or the value of the completed improvements
at the time of the requested reduction. Prior to the final acceptance of the
Developer's Improvements the City shall require a Letter of Credit or
Cash Escrow to cover the one -year warranty provisions of the agreement.
The amount shall be determined by the City Engineer or a designee.
January 11, 2010 The Boarhouse at 7317 / 7319 Lake Drive - Performance Agreement Page 3 of 8
—41—
VI. REIMBURSEMENT OF COSTS.
A. The Developer agrees to establish a non - interest bearing escrow account
with the City in an amount established by the City Engineer or his
designee for the payment of all City fees and costs incurred by the City
related to the On -site and Off -site Work, including, but not limited to, the
following:
1. Administration (Legal, Engineering, Planning, and $ 5,000
Contract administration)
Total Estimated (Budget) Costs for Escrow Account $ 5,000
B. The City shall have a right to reimburse itself from the Escrow. If it
appears that the actual costs incurred will exceed the estimate, then the
City shall review the costs required to complete the project. In such case,
Developer shall deposit additional sums with the City to pay for the agreed
upon increase.
VII. REMEDIES FOR BREACH
A. The City shall give prior notice to the Developer of any default hereunder
before proceeding to enforce such financial guarantee or before the City
undertakes any work for which the City will be reimbursed through the
financial guarantee. If within ten (10) days after such notice to it, the
Developer has not notified the City by stating in writing the manner in
which the default will be cured and the time within which such default
will be cured, the City will proceed with the remedy it deems appropriate.
B. At any time after the completion date and any extensions thereof, if any of
the work is deemed incomplete, the City may proceed in any one or more
of the following ways to enforce the undertakings herein set forth, and to
collect any and all expenses incurred by the City in connection therewith,
including, but not limited to, engineering, legal, planning and litigation
costs and expense. The enumeration of the remedies hereunder shall be in
addition to any other remedies available to the City.
1. Specific Performance. The City may in writing direct the
Developer to cause the Work to be undertaken and completed
within a specified reasonable time. If the Developer fails to cause
the Work to be done and completed in a manner and time
acceptable to the City, the City may proceed to bring an action for
specific performance to require work to be undertaken.
2. Completion by the City. The City, after notice, may enter the
premises and proceed to have the Work done either by contract, by
day labor or by regular City forces. The Developer may not
January 11, 2010 The Boarhouse at 7317 / 7319 Lake Drive - Performance Agreement Page 4 of 8
—42—
•
•
•
•
•
•
question the manner of doing such work or the letting of any such
contracts for the doing of any such work. Upon completion of
such work, the Developer shall promptly pay the City the full cost
thereof as aforesaid.
3. Deposit of Financial Guarantee. The City may draw on the Letter
of Credit the sum equal to the estimated cost of completing the
Work, plus the City's estimated expenses as defined herein,
including any other costs, expenses, and damages for which the
surety may be liable hereunder, but not exceeding the amount set
forth on the Letter of Credit. The money shall be deemed to be
held by the City for the purpose of reimbursing the City for any
costs incurred in completing the Work as hereinafter specified.
Any funds remaining after completion of the project shall be
returned to the Developer.
VIII. OCCUPATION OF PREMISES
The developer may occupy any portion of the building or improvements
throughout construction. If completion of the building and site improvements as
more fully described in the approved plans is not completed by June 1, 2010 the
developer will not be allowed to further occupy the building or improvements.
IX. INSURANCE
Developer or all its subcontractors shall take out and maintain until one (1) year
after the City has accepted the private improvements, public liability and property
damage insurance covering personal injury, including death, and claims for
property damage which may arise out of the Developer's Work or the Work of its
subcontractors or by one directly or indirectly employed by any of them. Limits
for bodily injury and death shall be not less than Five Hundred Thousand and
no /100 ($500,000.00) Dollars for one person and One Million and no /100
($1,000,000.00) Dollars for each occurrence; or a combination single limit policy
of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its
employees, its agents and assigns shall be named as an additional insured on the
policy, and the Developer or all its subcontractors shall file with the City a
certificate evidencing coverage prior to the City signing the plat. The certificate
shall provide that the City must be given ten (10) days advance written notice of
the cancellation of the insurance. The certificate may not contain any disclaimer
for failure to give the required notice.
X. REIMBURSEMENT OF COSTS FOR DEFENSE
The Developer agrees to reimburse the City for all costs incurred by the City in
defense of enforcement of this Agreement, or any portion thereof, including court
January 11, 2010 The Boarhouse at 7317 / 7319 Lake Drive - Performance Agreement Page 5 of 8
-43-
costs and reasonable engineering and attorneys' fees if the City prevails in such
action.
XI. VALIDITY
If a portion, section, subsection, sentence, clause, paragraph or phrase in this
Agreement is for any reason held to be invalid by a court of competent
jurisdiction, such decision shall not affect or void any of the other provisions of
the Site Improvement Performance Agreement.
XII. GENERAL
A. Binding Effect. The terms and provisions hereof shall be binding upon
and inure to the benefit of the heirs, representatives, successors and
assigns of the parties hereto and shall be binding upon all future owners of
all or any part of the Property and shall be deemed covenants running with
the land.
B. Notices. Whenever in this Agreement it shall be required or permitted that
notice or demand be given or served by either parry to this Agreement to
or on the other party, such notice or demand shall be delivered personally
or mailed by United States mail to the addresses hereinbefore set forth on
Page 1 by certified mail (return receipt requested). Such notice or demand
shall be deemed timely given when delivered personally or when
deposited in the mail in accordance with the above. The addresses of the
parties hereto are as set forth on Page 1 until changed by notice given as
above.
C. Incorporation by Reference. All plans, special provisions, proposals,
specifications and contracts for the improvements furnished and let
pursuant to this Agreement shall be and hereby are made a part of this
Agreement by reference as fully as if set out herein in full.
D. Hours of Construction Activity. All construction activity shall be
limited to the hours set out as follows:
Monday through Friday 7:00 a.m. to 7:00 p.m.
Saturday 9:00 a.m. to 5:00 p.m.
Sunday and Holidays No working hours allowed
January 11, 2010 The Boarhouse at 7317 / 7319 Lake Drive - Performance Agreement Page 6 of 8
—44—
•
•
•
• XIII. CONDITIONS OF APPROVAL
•
•
1. The Conditions associated with both Automobile /Truck Repair and Accessory
Retail Sales shall be attached to the approval of the Conditional Use Permits and
must be complied with at all times.
2. The comments made by the City Engineer shall be addressed prior to the City
Council consideration of this request.
3. The paving and curb required on the rear of the lot shall be completed by June 1,
2010, and appropriate financial securities shall be submitted to the city to
guarantee that the work is completed.
4. Hours of Operation for this use shall be limited to lam — 7pm Monday through
Saturday and 9am — 5pm on Sunday.
5. All repair or installation work shall be completed inside the building with all
doors closed to limit impacts on the surrounding area.
XIV. VIOLATIONSBUILDING PERMITS
In the event that Developer violates any of the covenants and agreements
contained in this Site Improvement Performance Agreement and to be performed
by the Developer, the City, at its option, in addition to the rights and remedies as
set out hereunder may refuse to issue building permits to any property within the
development and/or stop building construction within the development until such
time as such default has been corrected to the satisfaction of the City.
January 11, 2010 The Boarhouse at 7317 / 7319 Lake Drive - Performance Agreement Page 7 of 8
—45—
DEAN QUIMBY CITY OF LINO LAKES
By: By
Mayor
Its:
STATE OF MINNESOTA
) ss.
COUNTY OF ANOKA
ATTEST:
By
City Clerk
On this day of , 2010, before me, a Notary Public
within and for said County, personally appeared Jeff Reinert and Julie Bartell, to me
known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who
executed the foregoing instrument and acknowledge that they executed the same on
behalf of said City.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 2010, before me, a Notary Public
within and for said County, personally appeared , of the 7317 and
7319 Lake Drive who executed the foregoing instrument.
Notary Public
This instrument was drafted by:
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, Minnesota 55014
January 11, 2010 The Boarhouse at 7317 / 7319 Lake Drive - Performance Agreement Page 8 of 8
—46—
•
•
•
•
•
•
AGENDA
ECONOMIC DEVELOPMENT AUTHORITY
ANNUAL MEETING
MONDAY, JANUARY 11, 2010
City Council Chambers
Following the regular City Council Meeting
1. Call to Order and Roll Call
2. Consideration of Minutes of November 23, 2009
3. Consideration of Annual Appointments
4. Adjourn
•
EDA MINUTES
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT
OTHERS PRESENT:
NOVEMBER 23, 2009
DRAFT
November 23, 2009
6:15 p.m.
6:25 p.m.
Commissioners Gallup, O'Donnell, Reinert,
Bergeson
: Mary Divine, Mike Grochala
The meeting was called to order at 6:15 p.m. by President Gallup
CONSIDERATION OF THE MINUTES OF JANUARY 12, 2009
Motion to approve the January 12, 2009 minutes. Motion seconded. Motion carried
unanimously.
CONSIDERATION OF RESOLUTION 09 -01 - ADDENDUM TO CONTRACT FOR
PRIVATE DEVELOPMENT BETWEEN THE LINO LAKES EDA AND LINO LAKES
LODGING, LLC
Mary Divine, Economic Development Coordinator, reported that in 2004 the EDA and the City
entered into a Development Contract with Hartford Development, Inc. and provided assistance
within Tax Increment Financing District No. 1 -11. As pursuant to the contract, redevelopment
occurred and a successor to the contract (Country Inn & Suites) redeveloped a portion of the
commercial component of the minimum improvements as defined in the original contract.
A developer is acquiring the hotel to convert it to an assisted living and memory care facility.
The EDA has an interest in ensuring that the developer or its successors continue to pay real
estate taxes on an assessed value that provides as much tax increment as before the conversion.
This agreement obligates payment of taxes on a minimum assessed value of $3,750,000. The
county assessor may, in actuality, place a higher value on the facility once final plans have been
submitted, and the final assessed value will be executed in an assessment agreement that will be
valid until the maturity date of the original contract.
In order to provide the developer with a future option to sell the facility to a non - profit, the
agreement requires a payment in lieu of taxes (the "PILOT Agreement "), for a period of 30 years
if a non - profit owns the facility. Prior to the contract maturity date a non - profit would be
required to make payment as if the property were subject to taxes. After the maturity date the
annual payment would be only on the City's share of taxes.
EDA Member Reinert moved to approve Resolution No. Resolution 09 -01 — Addendum to the
Contract for Private Development between the Lino Lakes Economic Development Authority
and Lino Lakes Lodging, LLC as recommended by staff. EDA Member Bergeson seconded the
motion. Motion carried unanimously.
ADJOURNMENT
There being no further business, it was moved to adjourn. Motion was seconded. Motion
carried unanimously.
•
•
•
AGENDA ITEM 3
STAFF MEMBER Mary Alice Divine
DATE January 11, 2010
SUBJECT Annual Appointments
VOTE REQUIRED Simple Majority
BACKGROUND
Each year the Economic Development Authority is required to make a number of
appointments at its annual meeting. The following is a list of appointments for your
consideration:
2010 Recommended
1. President
Kathi Gallup
(Council Prerogative)
K n b 1` 0,44(2 I� �,,,
I
2. Vice President
Jeff Reinert
(Council Prerogative)
J r U (Do A vu? 11
3. Treasurer
Dan Stoltz
(Council Prerogative)
jeIC i etticA
4. Secretary
Economic Development
Coordinator
Economic Development
Coordinator
5. Assistant Treasurer
Finance Director
Finance Director
6. Executive Director
City Administrator
City Administrator
7. Official Newspaper
Quad Community Press
Quad Community Press
8. Legal Depositories
Community National Bank
Wells Fargo
US Bank
Merrill Lynch
RBC Dain Rauscher
Wachovia Prudential
Securities
Patriot Bank
LMC 4M Fund
Smith,Barney, Citi Group
Bank of the West
Others as needed
Community National Bank
Wells Fargo
US Bank
Merrill Lynch
RBC Dain Rauscher
Wachovia Prudential
Securities
Patriot Bank
LMC 4M Fund
Smith, Barney, Citi Group
Bank of the West
Others as needed
2010 Recommended
9. Legal Services
Kennedy & Graven
Kennedy & Graven
Barna, Guzy & Steffan, Ltd.
Barna, Guzy & Steffan, Ltd.
Ratwick, Roszak & Maloney
Ratwik, Roszak & Maloney
RECOMMENDATION:
Staff is recommending Council prerogative or as recommended.
•
•
•