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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. • • •