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Home My WebLink About03/08/2010 Council PacketEXPANDED AGENDA CIL AGENDA Monday, March 8, 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 ➢ Call to Order — 6:33 p.m. ➢ Roll Call - Council Members Gallup, O'Donnell, Rafferty, Roeser & Mayor Reinert ➢ Pledge of Allegiance ➢ Open Mike / Public Comment None ➢ Setting the Agenda: Addition or deletion of agenda items No changes to agenda ' A) Consideration of Expenditures: i) March 8, 2010 (Check No. 87792 through 87870) in the amount of $241,798.63; ii) Centennial Fire District (Check No. 4177 through 4184) in the amount of $16,494.04 Pg 3 -17 B) Consider approval of February 22, 2010 Work Session Minutes Pg 18 -19 C) Consider approval of February 22, 2010 City Council Minutes Pg 20 -24 D) Consider Resolution No. 10 -20, Supporting a federal grant for high Pg 25 -26 speed broadband connectivity within Anoka County E) Consider Resolution No. 10 -21, Supporting American Fiber Systems Application for a Broadband Technology Opportunity Program (BTOP) Grant F) Consider Resolution No. 10 -25, Approving a peddler permit for Window Concepts of Minnesota, Inc. Action Taken: Motion by O'Donnell, seconded by Roeser, to approve the Consent Agenda, Items lA through 1F, was adopted 2. FINANCE DEPARTMENT REPORT, No report Council Agenda -2- EXPANDED AGENDA March 8, 2010 A) Consider Second Reading of Ordinance No. 03 -10, Amending Pg 27 -31 Chapter 701 of the Lino Lake City Code regarding Liquor Licensing, Julie Bartell Reading and roll call required Action Taken: Motion by Gallup, seconded by Roeser, to waive full reading and approve second reading and passage of Ordinance No. 03 -10, as presented, was adopted: Yeas, 5; Nays, 0 B) Consider Resolution No. 10 -19, Approving an On -Sale Liquor License with Sunday Sales for Chomonix Golf Course, Julie Bartell Action Taken: Motion by O'Donnell, seconded by Roeser, to approve Resolution No. 10 -19 as presented, was adopted C) Sergeant Promotion in Police Department Action Taken: Motion by Gallup, seconded by Rafferty, to approve the promotion of Dale Hager as recommended, was adopted FE !, ,ARTMENT`RE No report tit E ES.DEPARTM ±IT rdne No report DEVEL ►G1 Zoning Ordinance Amendment i. Consider Second Reading of Ordinance No. 04 -10, Amending Zoning Ordinance Regarding Requirements for Outdoor Dining/Seating in Business Zoning Districts and Golf Course Definition and Uses, Jeff Smyser Reading and roll call required Action Taken: Motion by O'Donnell, seconded by Roeser, to waive full reading and approve second reading and passage of Ordinance No. 04 -10, as presented, was adopted: Yeas, 5; Nays, 0 ii. Consider Resolution No. 10 -13, approving a summary of Ordinance No. 04 -10 for publication purposes, Jeff Smyser Action Taken: Motion by Gallup, seconded by Rafferty, to approve Resolution No. 10 -13 as presented, was adopted Pg 32 -46 Council Agenda -3- March 8, 2010 EXPANDED AGENDA B) I- 35W/Lake Drive Interchange Improvements Pg 47 -51 Consider Resolution No. 10 -22, Approving Change Order No. 19, Michael Grochala Action Taken: Motion by O'Donnell, seconded by Roeser, to approve Resolution No. 10 -22 as presented, was adopted ii. Consider Resolution No. 10 -23, Approving Change Order No. 20, Michael Grochala iii. Action Taken: Motion by Roeser, seconded by Gallup, to approve Resolution No. 10 -23 as presented, was adopted C) Consider Resolution No. 10 -24, Rice Creek Watershed District Pg 52 -60 LIDAR Products, License Agreement, Michael Grochala Action Taken: Motion by Rafferty, seconded by Roeser, to approve Resolution No. 10 -24 as presented, was adopted USINE None None Action Taken: Motion to adjourn at 6:55 p.m. was adopted Community Calendar - A Look Ahead March 9, 2010 through March 22, 2010 Wednesday, March 10 Monday, March 22 4. Monday, March 22 6:30 pm, Council Chambers 5:30 pm, Community Room 6:30 pm, Council Chambers Planning & Zoning Council Work Session City Council Meeting • EXPENDITURES MARCH 8th, 2010 • • Date: 02/26/2010 Time: 09:53:32 Ranges: Operator: KKF 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) B470 - 8509 (A) Options: Print Ranges /Options: Y # of copies: 1 Page on Department: N Department Vendor Name Description AMERICAN FAMILY LIFE MONTHLY LIFE INS PREMIUM CENTRAL PENSION FUND MONTHLY IUOE CONTRIBUTIO DELTA DENTAL PLAN OF MARCH 2010 DENTAL INS PR INTL UNION OF OPER E MONTHLY UNION DUES MN CHILD SUPPORT PAY BRIAN C HRONSKI #0014011 MN NCPERS LIFE INSUR MONTHLY PERA LIFE INS HEALTH PARTNERS MARCH 2010 HEALTH INS PR Total for Department MAYOR /COUNCIL NYSTROM PUBLISHING C SPRING /SUMMER 2010 PUBLI Total for Department 401 ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION OPTUMHEALTH FINANCIA ACCLAIM BENEFITS DELTA DENTAL PLAN OF NEXTEL COMMUNICATION MUNICI -PALS PRESS PUBLICATIONS, SAM'S CLUB, INC. LINCOLN NATIONAL LIF HEALTH PARTNERS JAN 2010 COBRA PLAN PART JAN 2010 FSA RENEWAL /MON MARCH 2010 DENTAL INS PR MONTHLY CELLULAR CHARGES 2010 MEMBERSHIP BOARD OF APPEAL /EQUALIZA J VIGER 2010 MEMBERSHIP MARCH 2010 INS PREMIUMS MARCH 2010 HEALTH INS PR Total for Department 402 ELECTIONS ANOKA COUNTY ELECTIO BALLOT PRINTING FOR 2009 Total for Department 403 Amount 333.04 2,457.60 2,440.64 496.00 681.40 336.00 6,110.02 12,854.70* 2,203.00 2,203.00* 69.56 623.75 110.27 17.39 25.00 31.80 35.00 57.96 2,448.52 3,419.25* 1,040.15 1,040.15* SENIORS TDS METROCOM MN MONTHLY SENIOR CENTER PH 36.46 SENIORS DELTA DENTAL PLAN OF MARCH 2010 DENTAL INS PR 22.97 SENIORS NEXTEL COMMUNICATION MONTHLY CELLULAR CHARGES 17.39 SENIORS LINCOLN NATIONAL LIF MARCH 2010 INS PREMIUMS 6.44 SENIORS HEALTH PARTNERS MARCH 2010 HEALTH INS PR 343.73 Total for Department 406 426.99* FINANCE DELTA DENTAL PLAN OF MARCH 2010 DENTAL INS PR 188.07 FINANCE SAM'S CLUB, INC. A ROLEK 2010 MEMBERSHIP 35.00 FINANCE LINCOLN NATIONAL LIF MARCH 2010 INS PREMIUMS 56.79 FINANCE HEALTH PARTNERS MARCH 2010 HEALTH INS PR 1,761.48 Total for Department 407 2,061.34* LEGAL CONSULTANTS SWEENEY, BORER, & SW FEB 2010 PROSECUTION SER 11,079.38 • Date: 02/26/2010 Time 09:53:32 Operator: KKF • Department Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount LEGAL CONSULTANTS RATWIK, ROSZAK & MAL CODE ENFORCEMENT /CHARTER 6,650.62 Total for Department 414 17,730.00* ECONOMIC ECONOMIC ECONOMIC ECONOMIC DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING ENGINEERING COMM DEV COMM DEV COMM DEV COMM DEV ICE CE ICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE • DELTA DENTAL PLAN OF MARCH 2010 DENTAL INS PR LINCOLN NATIONAL LIF MARCH 2010 INS PREMIUMS MN METRO NORTH TOURI CITY LODGING TAX HEALTH PARTNERS MARCH 2010 HEALTH IN5 PR Total for Department 415 DELTA DENTAL PLAN OF MARCH 2010 DENTAL INS PR ANOKA COUNTY HIGHWAY PROJECT NO. 08 -41 -34 JOI SHORT - ELLIOTT- HENDRI GIS SERVICES SRF CONSULTING GROUP PROFESSIONAL SVCS /LL TRA RATWIK, ROSZAK & MAL PLAT CONCEPT PLANS /PROF RATWIK, ROSZAK & MAL SIGN ORDINANCE PROVISION LINCOLN NATIONAL LIF MARCH 2010 INS PREMIUMS HEALTH PARTNERS MARCH 2010 HEALTH INS PR Total for Department 416 36.75 19.22 1,992.30 549.96 2,598.23* 73.50 14,000.00 195.64 133.93 1.60 652.50 36.26 1,099.92 16,193.35* TKDA 2010 GENERAL FUND ENGINE 13,079.33 Total for Department 417 13,079.33* DELTA DENTAL PLAN OF MARCH 2010 DENTAL IN5 PR NEXTEL COMMUNICATION MONTHLY CELLULAR CHARGES SHORT - ELLIOTT- HENDRI GIS SERVICES LINCOLN NATIONAL LIF MARCH 2010 INS PREMIUMS Total for Department 418 IDS METROCOM MN ST. CLOUD STATE UNIV ASPEN MILLS, INC. ASPEN MILLS, INC. ASPEN MILLS, INC. BOWDICH, JACKIE M. VERIZON WIRELESS DELTA DENTAL PLAN OF TRI- COUNTY LAW ENFOR INVENTORY TRADING CO XCEL ENERGY MINNESOTA SHREDDING SAM'S CLUB, INC. SAM'S CLUB, INC. STREICHER'S INC. STREICHER'S, INC. BOTACH TACTICAL LAND'S END BUSINESS LINCOLN NATIONAL LIF PLEAA PLEAA CROSSBREED HOLSTERS MONTHLY POLICE DEPT PHON K STREGE LEEDS REGISTRAT J MCINTOSH UNIFORM ALLOW POLICE RESERVES UNIFORM POLICE RESERVES UNIFORM J BOWDICH COLLEGE REIMBU MONTHLY POLICE DEPT CELL MARCH 2010 DENTAL INS PR ANNUAL MEMBERSHIP DUES F P NOLL UNIFORM ALLOWANCE MONTHLY ENERGY CHARGES SHREDDING OF CONFIDENTIA J BOWDICH 2010 MEMBERSHI MAX AA 24PK BA'1"1'mRIES A HALVORSON UNIFORM ALLO K MCCARTHY UNIFORM ALLOW C BRAGELMAN UNIFORM ALLO B OWENS UNIFORM ALLOWANC MARCH 2010 INS PREMIUMS J BOWDICH 2010 ANNUAL ME L HAWKINSON 2010 ANNUAL M DEMARS UNIFORM ALLOWAN 55.15 17.39 567.52 47.52 687.58* 680.36 395.00 307.87 50.95 68.02 1,568.37 1,004.56 528.50 50.00 20.00 3.79 46.50 35.00 32.07 188.09 19.22 436.85 89.00 519.51 30.00 30.00 50.07 Date: 02/26/2010 Time: 09:53:32 Operator: KKF Department Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount POLICE POLICE FIRE FIRE FIRE BUILDING BUILDING BUILDING BUILDING BUILDING STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET INSPECTIONS INSPECTIONS INSPECTIONS INSPECTIONS INSPECTIONS CROSSBREED HOLSTERS W WEGENER UNIFORM ALLOWA HEALTH PARTNERS MARCH 2010 HEALTH INS PR Total for Department 420 DELTA DENTAL PLAN OF MARCH 2010 DENTAL INS PR LINCOLN NATIONAL LIF MARCH 2010 INS PREMIUMS HEALTH PARTNERS MARCH 2010 HEALTH INS PR Total for Department 421 DELTA DENTAL PLAN OF MARCH 2010 DENTAL INS PR NEXTEL COMMUNICATION MONTHLY CELLULAR CHARGES LINCOLN NATIONAL LIF MARCH 2010 INS PREMIUMS ARNT CONSTRUCTIO, IN 745 OAK LANE /EXCAVATION HEALTH PARTNERS MARCH 2010 HEALTH INS PR Total for Department 422 TDS METROCOM MN DELTA DENTAL PLAN OF NEXTEL COMMUNICATION AMERICAN MESSAGING XCEL ENERGY SAM'S CLUB, INC. SAM'S CLUB, INC. SAM'S CLUB, INC. WILLIAMS, JUSTIN WRIGHT /HENNEPIN CO -0 LINCOLN NATIONAL LIF QWEST HEALTH PARTNERS Total for A -1 HYDRAULIC SALES/ O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, EGAN OIL COMPANY EGAN OIL COMPANY EGAN OIL COMPANY DELTA DENTAL PLAN OF FACTORY MOTOR PARTS FACTORY MOTOR PARTS FACTORY MOTOR PARTS FACTORY MOTOR PARTS FACTORY MOTOR PARTS HSBC BUSINESS SOLUTI ANOKA COUNTY LICENSE ST. JOSEPH EQUIPMENT HARMON AUTOGLASS TOUSLEY FORD, INC. TOUSLEY FORD, INC. MONTHLY PUBLIC WORKS PHO MARCH 2010 DENTAL IN5 PR MONTHLY CELLULAR CHARGES MARCH 2010 PAGER SERVICE MONTHLY ENERGY CHARGES K FREAD 2010 MEMBERSHIP K STANSBERRY 2010 MEMBER T DEWOLFE 2010 MEMBERSHI J WILLIAMS CLOTHING ALLO MONTHLY ELECTRIC CHARGES MARCH 2010 INS PREMIUMS MONTHLY SIGNAL PHONE CHA MARCH 2010 HEALTH INS PR Department 430 3000 PSI HOSE /3/4" RIGID EXTREME BELT OIL FILTER(S) 1000 GALLONS #2 ULSD DYE 1100 GALLONS GASOHOL UNL 900 GALLONS GASOHOL UNLE MARCH 2010 DENTAL IN5 PR BRK PAD KIT /ROTOR ASM, F CEN 141 -66043 GM DEL 17D1194CH PAD DEL 65 -7YR PRO BATT SEMI LOADED CALIPER PLOW GUIDES 24" ORANGE VEHICLE REGISTRATION FLAIL - FORGED UNIT #362 WINDSHEILD GRE UNIT #207 REBUILD TRANSM UNIT #374 LAMP ASY LINCOLN NATIONAL LIF MARCH 2010 INS PREMIUMS 50.07 20,346.47 26,550.27* 184.02 62.45 2,710.27 2,956.74* 91.89 30.63 42.17 948.30 1,018.23 2,131.22* 36.46 215.00 143.39 3.23 5,749.03 35.00 35.00 35.00 155.63 810.00 100.18 49.96 3,006.27 10,374.15* 125.33 58.70 27.04 2,071.00 2,497.11 2,047.86 42.26 210.55 109.06 64.09 104.22 109.06 16.06 75.25 368.30 213.94 2,438.97 120.10 17.45 Date: 02/26/2010 Time 09:53:32 Operator: KKF • Department Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description FLEET GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT GOVERNMENT PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS RECREATION OVATION ATION :EATION RECREATION RECREATION RECREATION HEALTH PARTNERS MARCH 2010 HEALTH INS PR Total for Department 431 BUILDINGS AID ELECTRIC SERVICE REPLACE BALLAST IN WOMEN BUILDINGS AMERIPRIDE LINEN /APP MONTHLY RUG(S) /SCRAPER M BUILDINGS TDS METROCOM MN MONTHLY GOV'T PHONE CHAR BUILDINGS DALCO, INC. 50 - 50LB BAG ICE MELTER BUILDINGS DELTA DENTAL PLAN OF MARCH 2010 DENTAL INS PR BUILDINGS METRO SALES INCORPOR QRTLY MAINT. AGREEMENT BUILDINGS NARDINI FIRE EQUIPME FEB 2010 MAINT /INSP BUILDINGS XCEL ENERGY MONTHLY ENERGY CHARGES BUILDINGS MINNESOTA SHREDDING SHREDDING OF CONFIDENTIA BUILDINGS LINCOLN NATIONAL LIF MARCH 2010 INS PREMIUMS BUILDINGS HEALTH PARTNERS MARCH 2010 HEALTH INS PR Total for Department 432 ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL SOLID WASTE SOLID WASTE SOLID WASTE FORESTRY FORESTRY FORESTRY • DELTA DENTAL PLAN OF NEXTEL COMMUNICATION FRATTALLONE'S HARDWA XCEL ENERGY LINCOLN NATIONAL LIF ON SITE SANITATION I ON SITE SANITATION I JRK SEED AND TURF SU HEALTH PARTNERS MARCH 2010 DENTAL INS PR MONTHLY CELLULAR CHARGES 6 EX HVY T HGE MONTHLY ENERGY CHARGES MARCH 2010 INS PREMIUMS MONTHLY REGULAR UNIT REN MONTHLY RG UNIT RENTAL JRK TURF & TREE EXPO MARCH 2010 HEALTH INS PR Total for Department 450 DELTA DENTAL PLAN OF MARCH 2010 DENTAL INS PR NEXTEL COMMUNICATION MONTHLY CELLULAR CHARGES NYSTROM PUBLISHING C SPRING /SUMMER 2010 PUBLI SAM'S CLUB, INC. T MDZINGO 2010 MEMBERSHI NATIONAL SPORTS CENT SUPER RINK EXPANSION LINCOLN NATIONAL LIF MARCH 2010 INS PREMIUMS HEALTH PARTNERS MARCH 2010 HEALTH INS PR Total for Department 451 DELTA DENTAL PLAN OF MARCH 2010 DENTAL INS PR NEXTEL COMMUNICATION MONTHLY CELLULAR CHARGES LINCOLN NATIONAL LIF MARCH 2010 INS PREMIUMS HEALTH PARTNERS MARCH 2010 HEALTH INS PR Total for Department 461 DELTA DENTAL PLAN OF MARCH 2010 DENTAL INS PR LINCOLN NATIONAL LIF MARCH 2010 INS PREMIUMS HEALTH PARTNERS MARCH 2010 HEALTH INS PR Total for Department 462 DELTA DENTAL PLAN OF MARCH 2010 DENTAL INS PR LINCOLN NATIONAL LIF MARCH 2010 INS PREMIUMS HEALTH PARTNERS MARCH 2010 HEALTH INS PR Amount 880.33 11,596.66* 91.00 228.26 118.99 572.32 36.75 648.34 123.38 3,349.10 16.50 12.00 549.96 5,746.60* 275.91 272.57 6.40 448.44 93.46 40.61 81.22 20.00 3,743.62 4,982.23* 117.64 17.39 4,575.68 35.00 24,000.00 46.52 1,275.99 30,068.22* 12.86 34.78 13.65 530.65 591.94* 11.03 5.85 164.98 1B1.B6* 12.86 6.82 192.49 Date: 02/26/2010 Time: 09:53:32 Department Operator: KKF Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount ADULT SPORTS Total for Department 463 Total for Fund 101 WELNA, NICOLE SOCCER MINI CAMP AMES, MARILYN PROGRAM REFUND /HISTORY T MITLYNG, LEANN PROGRAM REFUND /HISTORY T Total for Department IMAGE PRINTING & GRA PARK & REC SCORE SHEETS Total for Department 202 YOUTH INSTRUCTIONAL CENTENNIAL SPORTS AR USE OF SPORTS ARENA SUPP Total for Department 207 OTHER OTHER OTHER OTHER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER Total for Fund 201 SHORT- ELLIOTT- HENDRI GIS SERVICES TKDA 2010 GENERAL FUND ENGINE Total for Department 499 Total for Fund 422 TKDA PINE STREET PAVING IMPRO RATWIK, ROSZAK & MAL PINE STREET PROJECT /PROF Total for Department 499 Total for Fund 423 INSTRUMENTAL RESEARC INSTRUMENTAL RESEARC TDS METROCOM MN REHBEIN COMPANIES DELTA DENTAL PLAN OF NEXTEL COMMUNICATION HAWKINS , INC. HAWKINS , INC. GOPHER STATE ONE CAL AMERICAN MESSAGING XCEL ENERGY TKDA HD SUPPLY WATERWORKS WATER CONSERVATION S LINCOLN NATIONAL LIF SL -serco HEALTH PARTNERS TOTAL COLIFORM BACTERIA WELLS 1,2,3,4,5 SAMPLES MONTHLY PUBLIC WORKS PHO GRE JOB #09320 /BROKEN WAT MARCH 2010 DENTAL INS PR MONTHLY CELLULAR CHARGES 150 LB CHLORINE CYLINDER CHLORINE /HYDRO ACID /LPC- JAN 2010 LOCATES MARCH 2010 PAGER SERVICE MONTHLY ENERGY CHARGES 2010 GENERAL FUND ENGINE 510R MXU W /TOUCH COUPLER LEAK LOCATE SERVICES MARCH 2010 INS PREMIUMS WATER METER /RADIO INSTAL MARCH 2010 HEALTH INS PR Total for Department 494 Total for Fund 601 -8- 212.17* 167,686.00* 25.00 58.00 58.00 141.00* 64.32 64.32* 100.00 100.00* 305.32* 561.63 2,365.36 2,926.99* 2,926.99* 783.88 464.00 1,247.88* 1,247.88* 142.50 635.0D 109.38 3,893.50 79.03 59.67 15.00 11,738.05 92.05 12.73 36.75 1,735.41 6,089.18 420.00 33.16 16,285.00 1,290.49 42,666.90* 42,666.90* • • Date: 02/26/2010 Time 09:53:32 Operator: KKF • Department Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER • • SYCOM, INC. CEDAR STREET PROJECT SYCOM, INC. KELLY STREET PROJECT DELTA DENTAL PLAN OF MARCH 2010 DENTAL INS PR NEXTEL COMMUNICATION MONTHLY CELLULAR CHARGES GOPHER STATE ONE CAL JAN 2010 LOCATES AMERICAN MESSAGING XCEL ENERGY TKDA MARCH 2010 PAGER SERVICE MONTHLY ENERGY CHARGES 2010 GENERAL FUND ENGINE LINCOLN NATIONAL LIF MARCH 2010 INS PREMIUMS HEALTH PARTNERS MARCH 2010 HEALTH INS PR Total for Department 495 Total for Fund 602 RYAN COMPANIES US, I CENTENNIAL SCHOOLS INTOXIMETERS, INC. TKDA TKDA TKDA TKDA TKDA BRUGGEMAN PROPERTIES BRUGGEMAN PROPERTIES MARKETPLACE 2ND ADDN ESC BUS SERVICES FOR 5/20/20 500 MOUTHPIECE AS4 OR EC BOARHOUSE CUP AGREEMENT BOARHOUSE CUP REVIEW CHOMINX GOLF COURSE BRID CHOMONIX BRIDGE REPLACEM THE PRESERVE DEVELOPER S HODGESON ROAD FEASIBILIT HODGSON ROAD FEASIBILITY SWEENEY, BORER, & SW FEB 2010 FORFEITURE PROC MCDONALD'S CORPORATI MCDONALD'S ESCROW ACCOUN Total for Department Total for Fund 801 Grand Total 12,183.75 3,391.24 79.00 50.54 92.05 3.23 1,566.55 1,735.40 33.13 1,290.51 20,425.40* 20,425.40* 31.41 702.50 101.53 135.55 241.68 241.68 813.30 2,969.26 150.56 150.56 139.23 862.88 6,540.14* 6,540.14* 241,798.63* Date: 02/26/2010 Time 09:54:56 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (r) 8469 8507 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: KKF Page: 1 Options: Detail / Summary: s Invoice Status: A # of copies: 1 Sort: a Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000369 A -1 HYDRAULIC SALES /SERVICE, INC. 1 125.33 125.33 .00 .00 001260 ACCLAIM BENEFITS 1 623.75 623.75 .00 .00 000100 AID ELECTRIC SERVICE, INC. 1 91.00 91.00 .00 .00 000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 333.04 333.04 .00 .00 002694 AMERICAN MESSAGING 1 19.19 19.19 .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 228.26 228.26 .00 .00 008019 AMES, MARILYN 1 58.00 - 58.00 .00 .00 000228 ANOKA COUNTY ELECTIONS 1 1,040.15 1,040.15 .00 .00 001809 ANOKA COUNTY HIGHWAY DEPARTMENT 1 14,000.00 14,000.00 .00 .00 004063 ANOKA COUNTY LICENSE BUREAU 1 75.25 75.25 .00 .00 900217 ARNT CONSTRUCTION, INC. 1 948.30 948.30 .00 . 0 000541 ASPEN MILLS, INC. 3 426.84 426.84 .00 007379 BOTACH TACTICAL 1 436.85 436.85 .00 .00 000743 BOWDICH, JACKIE M. 1 1,568.37 1,568.37 .00 .00 004802 BRUGGEMAN PROPERTIES, LLC 2 301.12 301.12 .00 .00 001050 CENTENNIAL SCHOOLS 1 702.50 702.50 .00 .00 007764 CENTENNIAL SPORTS ARENA 1 100.00 100.00 .00 .00 000537 CENTRAL PENSION FUND 1 2,457.60 2,457.60 .00 .00 008023 CROSSBREED HOLS S LLC 2 100.14 100.14 .00 .00 001270 DALCO, INC. 1 572.32 572.32 .00 .00 001301 DELTA DENTAL PLAN OF MINNESOTA 1 4,614.10 4,614.10 .00 .00 001148 EGAN OIL COMPANY 3 6,615.97 6,615.97 .00 .0D fb Date: 02/26/2010 Time 09:54:56 City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: 2 Discount •raor # Name # of items Net Gross Discount Lost D03220 FACTORY MOTOR PARTS COMPANY, INC. 5 596.98 596.98 .00 .D0 001560 FRATTALLONE'S HARDWARE, INC. 1 6.40 6.40 .00 .00 001680 GOPHER STATE ONE CALL 1 184.10 184.10 .00 .00 007402 HARMON AUTOGLASS 1 213.94 213.94 .00 .00 001480 HAWKINS INC. 2 11,753.05 11,753.05 .00 .D0 004562 HD SUPPLY WATERWORKS, LTD. 1 6,069.18 6,089.18 .00 .00 900559 HEALTH PARTNERS 1 49,333.89 49,333.89 .00 .00 D03271 HSBC BUSINESS SOLUTIONS 1 16.06 16.06 .00 .00 D02340 IMAGE PRINTING & GRAPHICS, INC. 1 64.32 64.32 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 2 777.50 777.50 .00 .00 002000 INTL UNION OF OPER ENGR 1 496.00 496.00 .00 .00 001967 INTOXIMETERS, INC. 1 101.53 101.53 .00 .00 003013 INVENTORY TRADING COMPANY, INC. 1 20.00 20.00 .00 .00 007851 JRK SEED AND TURF SUPPLY 1 20.00 20.00 .00 .00 007560 LAND'S END BUSINESS OUTFITTERS 1 89.00 89.00 .00 .00 007701 LINCOLN NATIONAL LIFE INS CO 1 1,210.54 1,210.54 .00 .00 •'22 MCDONALD'S CORPORATION 1 862.88 862.88 .00 .00 002584 METRO SALES INCORPORATED 1 648.34 648.34 .00 .00 003882 MINNESOTA SHREDDING LLC 2 63.00 63.00 .00 .00 008020 MITLYNG, LEANN 1 58.00 58.00 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 681.40 681.40 .00 .00 008021 MN METRO NORTH TOURISM 1 1,992.30 1,992.30 .00 .00 003091 MN NCPERS LIFE INSURANCE 1 336.00 336.00 .00 .00 003071 MUNICI -PALS 1 25.00 25.00 .00 .00 003090 NARDINI FIRE EQUIPMENT CO., INC. 1 123.38 123.38 .00 .00 007260 NATIONAL SPORTS CENTER 1 24,000.00 24,000.00 .00 .00 001395 NEXTEL COMMUNICATIONS 1 661.14 661.14 .00 .00 • • Date: 02/26/2010 Time 09:54:56 City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: 3 Discount Vendor # Name # of items Net Gross Discount 11111 003370 NYSTROM PUBLISHING COMPANY, INC. 1 6,778.68 6,778.68 .00 .00 000900 O'REILLY AUTOMOTIVE, INC. 2 85.74 85.74 .00 .00 007730 ON SITE SANITATION INC 3 121.83 121.83 .00 .00 000983 OPTUMHEALTH FINANCIAL SERVICES 1 69.56 69.56 .00 .00 007731 PLEAA 2 60.00 60.00 .00 .00 003600 PRESS PUBLICATIONS, INC. 1 31.80 31.80 .00 .00 007776 QWEST 1 49.96 49.96 .00 .00 007696 RATWIK, ROSZAK & MALONEY, PA 1 7,768.72 7,768.72 .00 .00 000505 REHBEIN COMPANIES 1 3,893.50 3,893.50 .D0 .00 001037 RYAN COMPANIES US, INC. 1 31.41 31.41 .00 .00 003910 SAM'S CLUB, INC. 1 277.07 277.07 .00 .00 003880 SHORT - ELLIOTT- HENDRICKSON, INC. 1 1,324.79 1,324.79 .00 .00 008002 SL -serco 1 16,285.00 16,285.00 .00 .00 004099 SRF CONSULTING GROUP, INC. 1 133.93 133.93 .00 .00 000509 ST. CLOUD STATE UNIVERSITY 1 395.00 395.00 .00 .00 004120 ST. JOSEPH EQUIPMENT, INC. 1 368.30 368.30 .00 .00 004240 STREICHER'S, INC. 2 207.31 207.31 .00 • 007642 SWEENEY, BORER, & SWEENEY, P.A. 2 11,218.61 11,218.61 .00 .00 000375 SYCOM, INC. 2 15,574.99 15,574.99 .00 .00 000489 TDS METROCOM MN 1 981.65 981.65 .00 .00 004350 TKDA 4 24,100.85 24,100.85 .00 .00 007.682 TOUSLEY FORD, INC. 2 2,559.07 2,559.07 .00 .00 001534 TRI- COUNTY LAW ENFORCEMENT ASSOCIATION 1 50.00 50.00 .00 .00 000970 VERIZON WIRELESS 1 1,004.56 1,004.56 .00 .00 007686 WA'lak CONSERVATION SERVICE INC. 1 420.00 420.00 .00 .00 008013 WELNA, NICOLE 1 25.00 25.00 .00 .00 007245 WILLIAMS, JUSTIN 1 155.63 155.63 .00 .00 -12- • Date: 02/26/2010 Time: 09 :54:57 City of Lino Lakes Operator: KKF Page: 4 FM Entry - Invoice Journal Discount Vendor # Name # of items Net Gross Discount Lost •421 WRIGHT /HENNEPIN CO -OP ELECTRIC ASSOC 1 810.00 810.00 .00 .00 003250 XCEL ENERGY 13 11,153.66 11,153.66 .00 .00 Grand Totals: 114 241,798.63 241,798.63 .00 .00* • • -13-- Date: 02/26/2010 Time: 09:54:57 City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: 5 Account # Description Fiscal Debit Credit Main 101 -2040 -000 GENERAL FUND PAYROLL WITHHOLDING 02/2010 3,971.00 101 - 2040 -000 GENERAL FUND PAYROLL WITHHOLDING 03/2010 333.04 101- 2041 -000 GENL FUND FLEX PLAN - HEALTH CARE PREMIUM 03/2010 6,110.02 101 - 2044 -000 GENERAL FUND FLEX PLAN - DENTAL ACCOUNT 03/2010 2,440.64 101- 401- 4343 -000 MAYOR /COUNCIL NEWSLETTER 03/2010 2,203.00 101- 402 - 4131 -000 GENERAL ADMINISTRATION HEALTH INSURANCE 03/2010 2,448.52 101 - 402 - 4133 -000 GENERAL ADMINISTRATION LIFE INSURANCE 03/2010 57.96 101 -402- 4134 -000 GENERAL ADMINISTRATION DENTAL INSURANCE 03/2010 110.27 101 -402- 4310 -000 GENERAL ADMINISTRATION OTHER CONSULTANT 03/2010 69.56 101- 402- 4321 -000 GENERAL ADMINISTRATION TELEPHONE 03/2010 17.39 101- 402 - 4340 -000 GENERAL ADMINISTRATION ADVERTISING 03/2010 31.80 101- 402 - 4410 -000 GENERAL ADMINISTRATION CONTRAC'mll SERVIC 03/2010 623.75 101 - 402 - 4452 -000 GENERAL ADMINISTRATION SUBSCRIPT /DUES 03/2010 60.00 101 - 403 - 4340 -000 GENERAL ELECTIONS ADVERTISING 12/2009 1,040.15 101 - 406- 4131 -000 GENERAL SENIORS HEALTH INSURANCE 03/2010 343.73 101 -406- 4133 -000 GENERAL SENIORS LIFE INSURANCE 03/2010 6.44 101 - 406 - 4134 -000 GENERAL SENIORS DENTAL INSURANCE 03/2010 22.97 101- 406- 4321 -000 GENERAL SENIORS TELEPHONE 03/2010 53.85 101 - 407- 4131 -000 GENERAL FINANCE HEALTH INSURANCE 03/2010 1,781.48 101 - 407- 4133 -000 GENERAL FINANCE LIFE INSURANCE 03/2010 56.79 101- 407 - 4134 -000 GENERAL FINANCE DENTAL INSURANCE 03/2010 188.07 101- 407 - 4452 -000 GENERAL FINANCE SUBSCRIPTIONS 03/2010 35.00 101- 414 - 4301 -000 GENERAL LEGAL CONSULTANTS MUNICIPAL ATTO 03/2010 6,650.62 101 - 414 - 4303 -000 GENERAL LEGAL CONSULTANTS CRIMINAL ATTOR 03/2010 11,079.38 101 -415- 4131 -000 ECONOMIC DEV HEALTH INSURANCE 03/2010 549.96 101 -415- 4133 -000 ECONOMIC DEVELOPMENT LIFE INSURANCE 03/2010 19.22 101 - 415- 4134 -000 ECONOMIC DEVELOPMENT DENTAL INSURANCE 03/2010 36.75 101 -415- 4900 -000 ECONOMIC DEVELOPMENT MARKETING 03/2010 1,992.30 101 - 416 - 4131 -000 PLANNING &ZONING HEALTH INSURANCE 03/2010 1,099.92 101 - 416 - 4133 -000 PLANNING & ZONING LIFE INSURANCE 03/2010 36.26 101- 416 - 4134 -000 PLANNING & ZONING DENTAL INSURAN 03/2010 73.50 101 -416- 4300 -000 PLANNING & ZONING PROF SERVICES 03/2010 723.54 101 -416- 4340 -000 PLANNING & ZONING ADVERTISING 03/2010 126.20 101 - 416 - 4410 -000 PLANNING & ZONING CONTRACT SERVICES 03/2010 14,133.93 101 - 417 - 4410 -000 ENGINEERING CONTRACTED SERVICES 03/2010 13,079.33 101- 418 - 4133 -000 COMM DEV LIFE INSURANCE 03/2010 47.52 101- 418 - 4134 -000 COMM DEV DENTAL INSURANCE 03/2010 55.15 101- 418- 4300 -000 COMM DEV PROFESSIONAL SERVICES 03/2010 567.52 101 -418- 4321 -000 COMM DEV TELEPHONE 03/2010 17.39 101 -420- 4131 -000 GENERAL POLICE HEALTH INSURANCE 03/2010 20,346.47 101- 420- 4133 -000 GENERAL POLICE LIFE INSURANCE 03/2010 519.51 101 - 420- 4134 -000 GENERAL POLICE DENTAL INSURANCE 03/2010 528.50 101- 420 - 4200 -000 GENERAL POLICE OFFICE SUPPLIES 03/2010 32.07 101 - 420 - 4321 -000 GENERAL POLICE TELEPHONE 03/2010 1,684.92 101- 420 -4330 -000 GENERAL POLICE TRAVEL /TUITION 03/2010 1,963.37 101- 420- 4370 -000 GENERAL POLICE UNIFORMS 03/2010 1,161.17 101 - 420 - 4381 -000 GENERAL POLICE ELECTRICITY 03/2010 3.79 101- 420 -4386 -000 GENERAL POLICE POLICE RESERVES 03/2010 118.97 101- 420- 4410 -000 GENERAL POLICE CONTRACTED SERVICES 03/2010 46.50 101- 420 - 4452 -000 GENERAL POLICE SUBSCRIPTIONS 03/2010 145.00 101 -421- 4131 -000 GENERAL FIRE HEALTH INSURANCE 03/2010 2,710.27 101 - 421 - 4133 -000 GENERAL FIRE LIFE INSURANCE 03/2010 62.45 101- 421 - 4134 -000 GENERAL FIRE DENTAL INSURANCE 03/2010 184.02 -14- Date: 02/26/2010 Time: 09:54:57 City of Lino Lakes FM Entry - Invcice Journal Account # Operator: KKF Page: 6 Description Fiscal Debit Credit 101 - 422 - 4131 -000 101- 422 - 4133 -000 101 -422- 4134 -000 101 - 422 - 4321 -000 101- 422 - 4410 -000 101- 430 - 4131 -000 101 - 430 - 4133 -000 101 -430- 4134 -000 101- 430- 4321 -00D 101- 430 - 4370 -000 101 - 430 -4385 -000 101 -430- 4452 -000 101 - 431 - 4131 -000 101 - 431 - 4133 -000 101 -431- 4134 -000 101 - 431 - 4221 -000 101- 431 - 4300 -000 101- 432 - 4131 -000 101- 432 - 4133 -000 101 -432- 4134 -000 101 -432- 4211 -000 101 - 432 -4321 -000 101 -432- 4381 -000 101- 432 - 4410 -000 101 -450- 4131 -000 101- 450- 4133 -000 101 -450- 4134 -000 101 - 450 - 4211 -000 101 -450- 4321 -000 101 -450- 4330 -000 101 - 450 -4381 -000 101 -450- 4410 -000 101- 451- 4131 -000 101 - 451- 4133 -000 101- 451 -4134 -000 101- 451- 4321 -000 101- 451- 4343 -00D 101- 451- 4452 -000 101- 451 -5000 -000 101- 461 - 4131 -000 101 -461- 4133 -000 101- 461 - 4134 -000 101- 461- 4321 -000 101 - 462- 4131 -000 101- 462 - 4133 -000 101 - 462 - 4134 -000 101- 463 - 4131 -000 101- 463 -4133 -000 101-463-4134-000 201 - 202 - 4211 -839 • BUILDING INSPECTIONS HEALTH INSURANCE 03/2010 1,018.23 BUILDING INSPECTIONS LIFE INSURANCE 03/2010 42.17 BUILDING INSPECT DENTAL INSURANCE 03/2010 91.89 BUILDING INSPECTIONS TELEPHONE 03/2010 30.63 BUILDING INSPECTIONS CONTRACT SERVI 12/2009 948.30 GENERAL STREETS HEALTH INSURANCE 03/2010 3,006.27 GENERAL STREETS LIFE INSURANCE 03/2010 100.18 GENERAL STREETS DENTAL INSURANCE 03/2010 215.00 GENERAL STREETS TELEPHONE 03/2010 183.08 GENERAL STREETS UNIFORMS 03/2010 155.63 GENERAL STREETS STREET LIGHTS 03/2010 6,608.99 GENERAL STREETS SUBSCRIPTIONS 03/2010 105.00 GENERAL FLEET HEALTH INSURANCE 03/2010 880.33 GENERAL FLEET LIFE INSURANCE 03/2010 17.45 GENERAL FLEET DENTAL INSURANCE 03/2010 42.26 GENERAL FLEET SHOP PARTS 03/2010 10,442.70 GENERAL FLEET PROFESSIONAL SERVICES 03/2010 213.94 GOVER BUILD HEALTH INSURANCE 03/2010 549.96 COVER BUILD LIFE INSURANCE 03/2010 12.00 GOVER BUILDINGS DENTAL INSURANCE 03/2010 36.75 GOVER BUILDINGS MAINTENANCE SUPPLIES 03/2010 572.32 GOVER BUILDINGS TELEPHONE 03/2010 118.99 GOVER BUILDINGS ELECTRICITY 03/2010 3,349.10 GOVER BUILDINGS CONTRACTED 03/2010 1,107.48 GENERAL PARKS HEALTH INSURANCE 03/2010 3,743.62 GENERAL PARKS LIFE INSURANCE 03/2010 93.46 GENERAL PARKS DENTAL INSURANCE 03/2010 275.91 GENERAL PARES MAINTENANCE SUPPLIES 03/2010 6.40 GENERAL PARKS TELEPHONE 03/2010 272.57 GENERAL PARKS TRAVEL /TUITION 03/2010 20.00 GENERAL PARKS ELECTRICITY 03/2010 448.44 GENERAL PARKS CONTRAC1hi SERVICES 03/2010 121.83 GENERAL RECREATION HEALTH INSURANCE 03/2010 1,275.99 GENERAL RECREATION LIFE INSURANCE 03/2010 46.52 GENERAL RECREATION DENTAL INSURANCE 03/2010 117.64 GENERAL RECREATION TELEPHONE 03/2010 17.39 GENERAL RECREATION NEWSLEII8'k 03/2010 4,575.68 GENERAL RECREATION SUBSCRIPTIONS 03/2010 35.00 GENERAL RECREATION CAPITAL OUTLAY 12/2009 24,000.00 GENERAL ENVIRONMENTAL HEALTH INSURANCE 03/2010 530.65 GENERAL ENVIRONMENTAL LIFE INSURANCE 03/2010 13.65 GENERAL ENVIRONMENTAL DENTAL INSURANCE 03/2010 12.86 GENERAL ENVIRONMENTAL TELEPHONE 03/2010 34.78 GENERAL SOLID WASTE HEALTH INSURANCE 03/2010 164.98 GENERAL SOLID WASTE LIFE INSURANCE 03/2010 5.85 GENERAL SOLID WASTE DENTAL INSURANCE 03/2010 11.03 GENERAL FORESTRY HEALTH INSURANCE 03/2010 192.49 GENERAL FORESTRY LIFE INSURANCE 03/2010 6.82 GENERAL FORESTRY DENTAL INSURANCE 03/2010 12.86 Fund Total: 167,686.00 RECREATION MAINT SUP - SOFTBALL ADULT SUMM 03/2010 42.88 .00 Date: 02/26/2010 Time: 09:54:58 Account # City of Lino Lakes Operator: KKF Page: 7 FM Entry - Invoice Journal Description Fiscal Debit Credit 201- 202 - 4211 -840 201 - 207 - 4211 -835 201 -3810 -814 201- 3810 -870 422- 499 -4300 -000 423 - 499 - 4304 -087 601- 494 - 4131 -000 601 - 494 - 4133 -000 601 - 494- 4134 -000 601 - 494 - 4215 -000 601 - 494 - 4222 -000 601- 494 - 4300 -000 601- 494- 4304 -000 601- 494- 4321 -000 601 - 494 - 4381 -000 601 - 494- 4410 -000 602 - 495- 4131 -000 602- 495- 4133 -000 602 - 495- 4134 -000 602 - 495- 4211 -000 602 - 495- 4304 -000 602 - 495- 4321 -000 602 -495- 4381 -000 602- 495- 4410 -000 801 - 2022 -000 801- 2023 -000 801- 2300 -000 801- 2310 -000 801- 2317 -102 801 -2393 -000 801 - 2395 -000 RECREATION MAINT SUP - SOFTBALL ADULT FALL 03/2010 21.44 RECREATION MAINT SUPPLIES SKATE LESSONS 03/2010 100.00 ADULT DAY TRIPS 03/2010 116.00 RECREATION MISCELLANEOUS Soccer Mini Cam 02/2010 25.00 Fund Total: 305.32 SURFACE WATER MANAGEMENT PROFNL SERVICES 03/2010 2,926.99 Fund Total: .00 2,926.99 .00 STREET RECONSTRUCTION OTHER MUNICIPAL EN 03/2010 1,247.88 Fund Total: 1,247.88 WATER OPERATING WATER HEALTH INSURANCE 03/2010 1,290.49 WATER OPERATING WATER LIFE INSURANCE 03/2010 33.16 WATER OPERATING WATER DENTAL INSURANCE 03/2010 79.03 WATER OPERATING WATER METERS 03/2010 22,374.18 WATER OPERATING CHEMICALS 03/2010 11,753.05 WATER OPERATING PROFESSIONAL SERVICES 03/2010 5,091.00 WATER OPERATING MUNICIPAL ENGINEER 03/2010 1,735.41 WATER OPERATING TELEPHONE 03/2010 181.78 WATER OPERATING ELECTRICITY 03/2010 36.75 WATER OPERATING CONTRACTED SERVICE 03/2010 92.05 Fund Total: 42,666.90 SEWER OPERATING HEALTH INSURANCE 03/2010 1,290.51 SEWER OPERATING LIFE INSURANCE 03/2010 33.13 SEWER OPERATING SEWER DENTAL INSURANCE 03/201D 79.00 SEWER OPERATING MAINTENANCE SUPPLIES 03/2010 15,574.99 SEWER OPERATING MUNICIPAL ENGINEER 03/2010 1,735.40 SEWER OPERATING TELEPHONE 03/2010 53.77 SEWER OPERATING ELECTRICITY 03/2010 1,566.55 SEWER OPERATING CONTRACTED SERVICE 03/2010 92.05 Fund Total: 20,425.40 CONTRACTOR'S DEPOSITS POLICE FORFEITURES 03/201D 240.76 CONTRACTOR'S DEPOSITS POLICE DRUG FORFEI 12/2009 702.50 CONTRACTOR'S DEP GENERAL FUND ESCROW 03/2010 1,432.21 CONT DEP Hodgson Rd /Birch St Feasibility 03/201D 301.12 The Preserve Engineering 03/2010 2,969.26 CONTRACTOR DEP Marketplace 2nd Addn -Ryan 03/2010 31.41 CONTRACTOR'S DEPOSITS McDonalds 03/2010 862.88 Fund Total: 6,540.14 .00 .00 .00 .00 Date: 02 /26/2010 Time 09:54:58 Account # City of Lino Lakes Operator: KKF Page: 8 FM Entry - Invoice Journal Description Fiscal Debit Credit Control A/P 101- 2020 -000 101- 2020 -000 101 - 2020 -000 201- 2020 -000 201 -2G20 -000 422 -2020 -000 423- 2020 -000 601- 2020 -000 602 - 2020 -000 801- 2020 -000 601- 2020 -000 Discount Manual Checks - Cash • s Grand Totals: 241,798.63 .00 Control Grand Totals: .00 .00 GENERAL FUND ACCOUNTS PAYABLE 03/2010 137,726.55 GENERAL FUND ACCOUNTS PAYABLE 12/2009 25,988.45 GENERAL FUND ACCOUNTS PAYABLE 02/2010 3,971.00 RECREATION ACCOUNTS PAYABLE 03/2010 280.32 RECREATION ACCOUNTS PAYABLE 02/2010 25.00 SURFACE WATER MANAGEMENT ACCOUNTS PAYABL 03/2010 2,926.99 STREET RECONSTRUCTION ACCOUNTS PAYABLE 03/2010 1,247.88 WATER OPERATING ACCOUNTS PAYABLE 03/2010 42,666.90 SEWER OPERATING ACCOUNTS PAYABLE 03/2010 20,425.40 CONTRACTOR'S DEPOSITS ACCOUNTS PAYABLE 03/2010 5,837.64 CONTRACTOR'S DEPOSITS ACCOUNTS PAYABLE 12/2009 702.50 A/P Grand Totals: .00 241,798.63 Discount Grand Totals: .00 .00 Cash Grand Totals: .00 .00 • • • CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1 Check Issue Dates: 3/1/2010 - 3/1/2010 Mar 01, 2010 06:39PM Report Criteria: Report type: Summary GL Check Check Vendor Period Issue Date Number Number Payee Description 03/10 03/01/2010 4177 11565 03/10 03/01/2010 4178 31008 03/10 03/01/2010 4179 31137 03/10 03/01/2010 4180 60650 03/10 03/01/2010 4181 120450 03/10 03/01/2010 4182 160150 03/10 03/01/2010 4183 170180 03/10 03/01/2010 4184 190025 Grand Totals: ASPEN MILLS COMCAST CONNEXUS ENERGY FRATTALLONE'S HARDWARE S CITY OF LINO LAKES PEARSON EDUCATION QWEST S & S ELECTRIC M = Manual Check, V = Void Check UNIFORM INTERNET STATION 1 ELECTRIC MTC PARTS JAN REIMBURSEMENTS EMT TRAINING BOOKS PHONE EXPENSE STATION 2 ELEC Check Amount 991.14 94.00 444.67 23.27 12, 942.48 772.69 55.79 1,170.00 16,494.04 • • • AGENDA ITEM 1D STAFF ORIGINATOR: Dan Tesch, Director of Administration /Acting C.A. MEETING DATE: 8 March 2010 TOPIC: Resolution 10 -20 VOTE REQUIRED: 3/5 BACKGROUND Anoka County is seeking the support of municipalities with the county for a grant that would provide high speed, reliable broadband connectivity to government facilities. This would be an open network and would also be potentially available to local businesses if geographically possible. RECOMMENDATION Approve Resolution 10 -20 ATTACHMENTS Resolution 10 -20 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 10 -20 RESOLUTION OF SUPPORT FOR HIGH SPEED BROADBAND CONNECTIVITY WHEREAS, Anoka County has embarked on a project to determine the interest in and needs for high speed broadband connectivity in Anoka County; and WHEREAS, there are increasing educational, economic, and community benefits to increased high speed connectivity: NOW, THEREFORE, BE IT RESOLVED the City of Lino Lakes supports the effort of Anoka county to develop a broadband vision and solicit public /private partnerships through a Request for Proposals process. BE IT FURTHER RESOLVED the City of Lino Lakes supports submission of a federal grant to secure funding to implement the broadband vision. BE IT FURTHER RESOLVED that the City of Lino Lakes recognizes that broadband through optical fiber will be a long -term benefit to all citizens. Approved by the City Council of the City of Lino Lakes this day of , 2010 Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member Stoltz 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. • • • • • AGENDA ITEM 1 E STAFF ORIGINATOR Al Rolek MEETING DATE March 8, 2010 TOPIC Consider Resolution No. 10 -21, Supporting American Fiber Systems Application for a Broadband Technology Opportunity Program (Btop) Grant VOTE REQUIRED '0 Simple Majority Lino Lakes contracts for IT support from the City of Roseville through the Metro -INET. Metro -INET is a consortium of 19 metropolitan area municipalities and service organizations that formed to address the IT needs of the members to provide these services in an organized, efficient and cost - effective manner. Metro -INET has been approached by American Fiber Systems (AFS) to support an application for a through the Broadband Technology Opportunity Program (BTOP) of the Federal Stimulus Plan for the installation of a fiber -optic network. By cooperating with this effort the communities of the INET would receive a long -term operating lease for use of the fiber network. There would be no cost to the city to participate in the cost of construction should the grant be awarded. The only cost to the city, via our INET charges, would be a share of annual maintenance costs of the fiber network, estimated at $49,000. Terre Heiser, Network Manager for the City of Roseville and Executive Director of Metro -INET, was in attendance at the March 1 work session to explain the grant request, the need for such a network, and the benefits to be derived by its construction. Staff recommends the adoption of Resolution 10 -21, supporting the American Fiber Systems Application for a Broadband Technology Opportunity Program (Btop) Grant. PTIONS` 1. Adopt Resolution 10 -21. 2. Refer to Staff for further review. 3. Deny Resolution 10 -21. RECOMMENDATION' Option 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 10 -21 RESOLUTION SUPPORTING AMERICAN FIBER SYSTEMS APPLICATION FOR A BROADBAND TECHNOLOGY OPPORTUNITY PROGRAM (BTOP) GRANT FOR THE DEVELOPMENT OF A COMPREHENSIVE COMMUNITY NETWORK TO BENEFIT PUBLIC INSTITUTIONS IN THE NORTH EAST TWIN CITIES METROPOLITAN AREA. WHEREAS, the National Telecommunications and Information Administration (NTIA) agency has BTOP grants available for the deployment of broadband infrastructure, and WHEREAS, the NTIA will award infrastructure grants focusing on middle mile broadband networks to benefit key community institutions including public safety, and WHEREAS, the NTIA encourages the development of public /private partnerships in the application for these grants, and WHEREAS, American Fiber Systems (AFS) seeks public support of their application to receive funding for deploying broadband infrastructure in the north east Twin Cities Metropolitan Area, and WHEREAS, AFS will dedicate a portion of the infrastructure as a Community Fiber Network to benefit community institutions within the AFS service area as described in the letter of intent. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes that: The Lino Lakes City Council adopts this resolution supporting the grant application by American Fiber Systems for the development of a comprehensive community network to benefit public institutions in the north east Twin Cities metropolitan area. Adopted by the Lino Lakes City Council this 8th day of March 2010. Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk 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. • • • • AGENDA ITEM 1F STAFF ORIGINATOR: Julie Bartell, City Clerk DATE: March 8, 2010 TOPIC: Resolution No. 10 -25, Approving Peddlers License for Window Concepts of Minnesota, Inc. VOTE REQUIRED: Simple Majority (3/5 Vote) BACKGROUND: Mr. Anthony Strouth, Canvassing Manager of Window Concepts of Minnesota, Inc., 990 Lone Oak Road, Eagan, MN, has submitted a peddler's license application to the city clerk's office. Window Concepts of Minnesota is in the business of providing home improvements services. They propose to go door - to -door in the city selling their services. The City has received from the company all the necessary forms required to issue a license. Background checks have been performed on all representatives who would be working in the city. The application and all other required information is on file in the city clerk's office for review. OPTIONS: 1. Approve Resolution No 10 -25 2. Deny Resolution No. 10 -25 RECOMMENDATION: Option No. 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 10 -25 RESOLUTION APPROVING PEDDLER LICENSE WHEREAS, Window Concepts of Minnesota, Inc., has submitted a peddler's license application to the city clerk's office; and WHEREAS, Window Concepts of Minnesota, Inc. has complied with all of the provisions of Chapter 613 of the Lino Lakes City Code relating to Transient Merchants, Peddlers and Solicitors for obtaining the necessary license for a profit business; and WHEREAS, the Lino Lakes Police Department has conducted a background check on all company representatives who would be working in the city; NOW, THEREFORE, Be it Resolved by the City Council of The City of Lino Lakes: Window Concepts of Minnesota, Inc. is hereby authorized to solicit their services door to door for a period of six - months beginning March 9, 2010 subject to all conditions and provisions of local and other regulations. Passed by the City Council of the City of Lino Lakes this 8th day of March, 2010. Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk 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. • • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 3A Julie Bartell, City Clerk March 8, 2010 Consider Second Reading and Passage of Ordinance No. 03 -10, Amending Chapter 701 of the Lino Lakes City Code relating to Liquor Licensing Simple Majority (3/5 Vote Required) The city recently received an application for an on -sale liquor license that would involve an outdoor serving area. Upon review of the city code, specifically Chapter 701 regarding Liquor Licensing, it was found that there is a requirement for a conditional use permit for such serving areas. However the city's zoning regulations do not provide for such a conditional use within the PSP, Public- Semi - Public zoning district. City Attorney Langel was consulted on the matter and has recommended that, since the city's licensing regulations mirror state statute and allow the city to specifically determine the area in which liquor can be sold and served and it is sensible to have all conditional use requirements contained in the zoning code, the requirement in the liquor code can be deleted (see attached opinion). As also reviewed by the city attorney, a related zoning code amendment will be presented to the council that will provide clarification as to permitted ancillary uses at a golf course (including restaurant and liquor facilities). When zoning code amendments regarding outdoor dining areas were reviewed by the Planning and Zoning Board, they recommended as part of their approval that language be added to Chapter 701 (Liquor Licensing) clarifying the liquor licensee's responsibility for order and containment within any outdoor serving area. The addition of language to reflect that clarification is also included in attached Ordinance No. 03 -10. First reading of this ordinance was approved by the council on February 22, 2010. OPTIONS: . 1. Approve second reading and passage of Ordinance No. 03 -10 amending Chapter 701 of the Lino Lakes Code of Ordinances amending language relative to liquor licensing and outdoor serving areas 2. Deny approval of said ordinance. ATTACHMENT: 1. City Attorney opinion • • • • 151 Reading: 2/22/2010 Published: 2"° Reading: Effective: Council Member moved its adoption: introduced the following ordinance and CITY OF LINO LAKES ORDINANCE NO. 03 -10 AMENDING TITLE 700, CHAPTER 701 OF THE LINO LAKES CODE OF ORDINANCES RELATING TO LIQUOR LICENSING The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1. That Section 701.03, Section 1, Subd.(b) of the above - entitled ordinance be amended as follows: § 701.03 APPLICATION FOR LICENSE. (1) Forms. (b) Description of premises. The application shall specifically describe the compact and contiguous premises within which liquor may be dispensed and consumed. Sale and consumption of intoxicating liquors on premises with an on -sale license is limited to within the building at the address designated on the license unless the license specifically grants permission for sale and consumption outside of the building. Any area outside of the building where liquor will be served, such as a patio, garden or sidewalk area, must be described on the license, must be contiguous to the building and must be covered by liability insurance. The description may not include any parking lot or sidewalk. permit. Section 2. That Section 701.08, Section 2, of the above - entitled ordinance be amended as follows: (2) Licensee responsibility. Every licensee shall be responsible for the conduct of his or her place of business and the conditions of sobriety and order in it, including within any outdoor serving area. The act of any employee on the licensed premises authorized to sell intoxicating liquor there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by ordinance, statute or regulation equally with the employee. (3) This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the City Council of Lino Lakes this 8th day of March, 2010. ATTEST: Julie Bartell, City Clerk —30— Jeff Reinert, Mayor Ordinance 20 -03, page 2 • • • Julie Bartell rom: Joseph J. Lange) [jlangel @ratwiklaw.com] Sent: Thursday, January 14, 2010 4:35 PM To: Julie Bartell Subject: Liquor Code issue Julie, The purpose of this e-mail is to summarize our conversation about the iiquor code. Section 701.03(1)(b) deals with the description of the premises on which liquor is to be sold. In order for liquor to be sold and consumed outside the building, it has to specifically allowed on the license. This requirement mirrors Minn. Stat. § 340A.410, subd. 7 ( "A retail alcoholic beverage license is only effective for the licensed premiss specified in the approved license application. ") In addition, the Code requires that a CUP must be obtained if there is an outdoor serving area. So an outdoor serving area requires both a specific license and a CUP. While the license requirement is established by the State, the CUP requirement is not. The only zoning restriction in the State code is that intoxicating liquor licenses cannot be issued in areas where commercial use is restricted. Minn. Stat. §340A.412, subd. 4(a)(1). The CUP requirement is local in nature. From an ordinance drafting perspective, it would make sense to have all CUP requirements contained in the zoning ordinance (as they already are with respect to the commercial districts). I suggest that the last sentence in Section 701.03(1)(b) be deleted. • Joseph 3. Langel Ratwik, Roszak & Maloney, P.A. 300 U.S. Trust Building 730 Second Avenue S. Minneapolis, MN 55402 Tel (612) 339 -0060 Fax (612) 339 -0038 • • • STAFF ORIGINATOR: MEETING DATE: TOPIC VOTE REQUIRED: BACKGROUND: AGENDA ITEM 3B Julie Bartell, City Clerk March 8, 2010 Consider Resolution 10 -19, Approving On -Sale Liquor License with Sunday Sales for Chomonix Golf Course Simple Majority (3/5 Vote Required) Chomonix Golf Course is located in the Rice Creek Chain of Lakes Park Reserve and is owned by Anoka County and operated by their Parks and Recreation staff. The golf course has long held a 3.2 on -sale beer license issued through the city that allows the sale of beverages in their club house and from a beverage cart traveling throughout the course. County staff contacted the city with interest in upgrading the course's license to allow them to serve strong beer in order that they remain competitive in the golf course business. Upon review of state and local liquor license regulations, staff found that the golf course would not qualify for a state issued wine license that is required to allow the sale of strong beer. The County then inquired about the possibility of obtaining an on -sale intoxicating liquor license (allowing the sale of all types of alcoholic beverages). After some research and an inspection of the premises by the state liquor inspector, staff has been informed by the state that the Chomonix facility qualifies as a restaurant under the state's guidelines thereby qualifying them to apply for an on -sale intoxicating liquor license. An application for an On -Sale Liquor License with Sunday Sales has been submitted by Anoka County Golf Course and Aquatics Manager Cori Hinz. The application received by the city is complete and the related fees have been paid, including investigation fees. Insurance information has been provided to the City as required. The Lino Lakes Police Department has conducted a background investigation relative to this application and found no information on the principal applicant that would give a specific reason to deny the application. In accordance with the Lino Lakes Code of Ordinances, Section 701 relating to Liquor Licensing, this application requires approval by the City Council. The code also requires that opportunity shall be given to any person to be heard for or against the granting of the license. The council may then, in its discretion, grant or refuse the application. The applicant is aware that approval is subject to all the provisions and conditions of the laws of the city, state and federal government. OPTIONS: 1. Approve Resolution No. 10 -19 2. Deny Resolution No. 10 -19 • • • • Council Member O'Donnell introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 10 -19 APPROVING ISSUANCE ON -SALE LIQUOR LICENSE WITH SUNDAY SALES FOR CHOMONIX GOLF COURSE WHEREAS, Chomonix Golf Course located at 700 Aqua Lane currently holds a 3.2 On -Sale Beer License issued by the City of Lino Lakes; and WHEREAS, Chomonix Golf Course is located within the Rice Creek Chain of Lakes Park and is owned and operated by Anoka County; and WHEREAS, Mr. Cori Hinz of the Anoka County Parks and Recreation Department has applied on behalf of Anoka County for an on -sale liquor license with Sunday sales for Chomonix Golf Course; and WHEREAS, the City Clerk has determined that the license application and supporting documents are complete and has reviewed the conditions of a license, including designation of the premises, with the applicant; and • WHEREAS, the Police Department of the City of Lino Lakes has conducted an investigation of the applicant and has found no information that would exclude Mr. Hinz from obtaining the requested license, and • WHEREAS, the applicant has provided proof of insurance as required and paid the necessary fees; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves a new on -sale liquor license with Sunday sales subject to all the fees, provisions and conditions of the laws of the city, state and of the federal government and the applicant will comply with all said laws. Adopted by the Lino Lakes City Council this 8th day of March, 2010. ATTEST: Julianne Bartell, City Clerk Jeff Reinert, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gallup 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. • • • • • AGENDA ITEM 3 C STAFF MEMBER Daniel Tesch, Director of Administration DATE 8 March 2010 SUBJECT Promotion VOTE REQUIRED 3/5 BACKGROUND In order to maintain our compliment of five sergeants, the city earlier this year underwent an internal promotional process. A posting produced a number of applicants. Personnel Decisions International prepared a promotional process including a background and experience evaluation, written test, oral interview and a promotablity index. A promotion list was created and Officer Dale Hager is next in line for promotion to the position of Sergeant. This promotion will be effective April 1, 2010. Mr. Hager has been with the department since 1999. OPTIONS 1. Offer the position of Sergeant to Dale Hager. 2. Deny the promotion. RECOMMENDATION Number One. • • AGENDA ITEM 6 A i. and H. STAFF ORIGINATOR: Jeff Smyser C. C. MFETING DATE: March 8, 2010 TOPIC: i. Second Reading, Ordinance No. 04 -10 Amendments to Zoning Ordinance Regarding: • Requirements for Outdoor Dining /Seating, and • Golf Courses Definition and Uses ii. Resolution No. 10 -13 Summary of Ordinance 04 -10 for Publication VOTE: 3/5 vote on Ordinance 04 -10 4/5 vote on summary Resolution 10 -13 BACKGROUND The City Council approved the first reading of Ordinance No. 04 -10 on February 22. The zoning ordinance currently requires a conditional use permit for outdoor dining areas at restaurants. This adds time and expense for a business while adding no public benefit that can't be provided through an administrative review. A second concern is that the zoning ordinance does not address outdoor seating for businesses that are not restaurants or that is not for "dining ". The amendments will create a more friendly environment for new and existing businesses. A separate issue arose from discussions with the Anoka County Parks Department regarding activities at golf courses. Addressing these issues improves the ability for golf courses to operate and supports cooperation with Anoka County Parks. Minnesota Statutes allows the City Council to approve by a 4/5 vote that a summary be published. Resolution No. 10 -13 is the summary of the ordinance for publication. OPTIONS 1. Approve the second reading of Ordinance 04 -10 amending the Zoning Ordinance. 2. Approve Resolution No. 10 -13 for publication. 3. Return to staff with direction_ RECOWVIENDATION • Options 1 and 2 1' Reading: February 22, 2010 Publication: 2nd Reading: Effective: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 04-10 AN ORDINANCE AMENDING 'I kith ZONING ORDINANCE TO AMEND REQUIREMENTS FOR OUTDOOR SEATING AND DEFINE GOLF COURSE USES Section 1 Findings 1. The Lino Lakes Zoning Ordinance currently requires a conditional use permit for restaurants with accessory outdoor dining facilities. 2, It is not clear that the language in the Zoning Ordinance addresses informal seating, seating without dining, or non - restaurant outdoor seating. This ambiguity creates difficulty for the public and city staff in administering the performance standards. 3. Whereas site plan reviews for new commercial buildings are reviewed administratively, a conditional use permit requires a public hearing and approval by the city council. This adds time and expense for a business without providing a benefit to the public that can't be provided through an administrative review. Revising this requirement will create a more friendly environment for new and existing businesses. 4. The category of conditional uses is intended for non - standard, atypical uses or elements. Section 2, Subd. 2. A. of the zoning ordinance states: "Certain uses, while generally not suitable in a particular zoning district, may under some circumstances be suitable. When such circumstances exist, a conditional use permit may be granted." There is no reason to consider outdoor seating "generally not suitable" in a business zone that allows restaurants and retail as permitted uses. As long as standards are established that ensure that the seating will not pose a threat to public health, safety, and welfare, outdoor seating is a benefit to both the public and the individual business. 5. Section 2, Subdivision lof the Zoning Ordinance requires consideration of possible adverse effects of a proposed zoning amendment and that the judgment of a proposed amendment to the Zoning Ordinance shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. • • • • • The proposed amendments to the Zoning Ordinance support the following policies found in the Policy Plan chapter of the 2002 Comprehensive Plan: Commercial Policies 5. Promote a full and broad range of office, service, retailing, dining, and entertainment uses within the commercial areas of Lino Lakes that address the needs of the residents. 6. Attract new businesses to Lino Lakes that are complementary to existing businesses, and will contribute to the customer attraction and business interchange of the local commercial areas. 16. Pursue retail and service providers that would complement the existing commercial and uses and /or contribute to the accumulative attraction of Lino Lakes' commercial areas In addition, the Land Use Plan chapter of the 2002 Comprehensive Plan lists the following strategies to be implemented to promote quality commercial areas. The proposed amendments to the Zoning Ordinance support these strategies. 1. The City will utilize its zoning regulations to define the range of commercial land use that may be appropriate for each proposed commercial location. Through its commercial site planning, the City will require new commercial development to be compatibly designed with surrounding land uses through the use of transitional land uses, proper setbacks, building orientation, screening and landscaping. 3. The City will promote commercial site designs that emphasize pedestrian accessibility, shared parking, and green space in an effort to create a customer friendly environment and promote a high level of business interchange among local businesses when feasible. 2. The proposed use is or will be compatible with present and future land uses of the area. The proposed amendments to the Zoning Ordinance specify, clarify, and define activities and uses that will be appropriate and compatible within specified zoning districts. 3. The proposed use conforms with all performance standards contained herein. The proposed amendments are creating or revising the performance standards to ensure uses will conform with standards throughout the Zoning Ordinance. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. -34- Ordinance No. 04 -10, pane 2 Utility demand and traffic generation will continue to be addressed with new and existing uses, as required by the subdivision, zoning, and other chapters of the city code and official controls. The proposed amendments will not change this. 6. The Lino Lakes Planning & Zoning Board held a public hearing on the amendments on February 10, 2010 and recommended approval. Section 2 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that the Zoning Ordinance is hereby amended as shown in ATTACHMENT A. Section 3 Zoning Ordinance and City Code Stand As Amended As hereby amended, the Zoning Ordinance shall stand as initially passed and previously amended. Section 4 In Effect According to City Charter This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Jeff Reinert, Mayor Attest Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 8`h day of March, 2010. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. —35— Ordinance No. 04 -10, page 3 • • • • • • ATTACHMENT A ORDINANCE NO. 04-10 Amendments to Lino Lakes Zoning Ordinance Additions are shown in underlined text. Deletions are shown in strik:throi. h text. SECTION 1. TITLE / APPLICATION / RULES Subd. 2. Rules and Definitions. B. Definitions. The following words and terms, wherever they occur in this Ordinance, shall be interpreted as herein defined: Golf Course. An outdoor facility with at least nine holes for olayinq golf and that may include accessory facilities and uses that serve the golfers such as a clubhouse, driving range. pro shop, restaurants or other food and beverage services with or without outdoor dining /seating, maintenance buildings. cart storage. shelters. lockers and showers. This definition includes outdoor driving ranges but does not include miniature golf courses. On -sale liquor sales may be an accessory use at a coif course provided the license required by Chapter 700 of the City Code is obtained and current. Golf Course, Miniature: A facility for playing a novelty, small version of coif Played with a putter. typically comprised of miniature outtinq greens with artificial playing surfaces and obstacles such as bridaes and tunnels. Recreation Area. A paro-cl An outdoor area which may include water bodies and incidental buildings thereto used or intended for active or passive recreation, including, but not limited to, parks, playground, golf cour:res, hunting preserves, polo grounds, nature trails, bridle paths, beaches, campsites, ski and snowmobile trails, and canoe routes, provided that parcels on which there are located stadiums, arenas, bowling alleys, swimming pools, and other recreational activities conducted primarily in structures are not recreation areas. SECTION 3. GENERAL PROVISIONS Subd. 16. Accessory Outdoor Dining or Seating Facilities. A. Purpose and Intent. The purpose of this section is to provide standards for the establishment and use of accessory outdoor dining or seating facilities that are intended for consumption of food or beverages purchased at the principal use on the site. This section is intended to apply to dining or seating facilities associated with and accessory to principal uses such as restaurants and retail establishments that offer food or beverages, whether or not service is provided to the outdoor seating area. This section is not intended to apply to outdoor seating such as park benches or picnic tables in parks or other public aatherinq and recreation areas. When an administrative permit for outdoor dining or seating is required, it may be incorporated into another approval such as but not limited to a site plan, planned unit development, or building permit. B. Reauirements. 1. The applicant shall submit a site plan and other pertinent information demonstrating the location and type of all tables. chairs, benches. refuse receptacles, wait stations, fencing. planters, and other elements of the outdoor area. This submittal information must sufficiently demonstrate that all requirements are met. The information can be included as part of a submittal for another permit or approval. 2. If alcoholic beverages are served or consumed in the outdoor area, the proper license required by Chapter 700 of the City Code must be current. 3. All lighting be hooded and directed away from adiacent residential uses in accordance with Section 3, Subd. 4.F of this Ordinance. 4. The site plan shall demonstrate that pedestrian circulation is not disrupted as a result of the outdoor dining /seating area by providing the following: a) The outdoor dining /seating area shall be at least partially segregated from through pedestrian circulation by means of temporary or permanent fencing, bollards, ropes, plantings, or other methods. If the outdoor seating consists of four or fewer tables and there is no outdoor service, this requirement may be waived if other requirements are met to sufficiently avoid disruption of circulation. b) The minimum clear passage zone for pedestrians at the perimeter of the outdoor seating /dining area shall be at least five (5) feet without interference from tables, chairs. planters, parked motor vehicles, bollards, Attachment A, Ordinance No. 04 -10, page 2 • • • • • trees, tree pates. curbs, stairways, trash receptacles, street lights. parking meters. or the like. c) Overstory canopy trees, umbrellas or other structures extending into the Pedestrian clear passaae zone or pedestrian aisle shall have a minimum clearance of seven (7) feet above the sidewalk. 5. The dining /seating area shall be surfaced with concrete, bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean. attractive, and functional surface. 6. A minimum width of thirty -six (36) inches shall be provided within aisles of the outdoor dining /seating area. 7. Storage of furniture shall not be permitted outdoors between November 1 and March 31. Outdoor furniture that is immovable or permanently fixed or attached to the sidewalk shall not be subiect to the storage prohibition of this section. However, any immovable or permanently fixed or attached furniture must be reviewed as part of the administrative permit application. 8. When the outdoor dinina /seating is accessory to a restaurant, additional off - street parking shall be required, pursuant to the requirements set forth in Section 3. Subd. 5 of this Ordinance, based on the additional seating Provided by the outdoor area. 9. The outdoor dining /seating area shall be designed to avoid potential conflict with motor vehicle parking or circulation. 10. Refuse containers shall be provided for self - service outdoor dining /seating areas. Such containers shall be placed in a manner which does not disrupt Pedestrian circulation. and must be designed to prevent spillage and blowing litter. 11. The outdoor area shall be kept clean and otherwise maintained in an orderly, sanitary. attractive condition. Attachment A, Ordinance No. 04 -10. page 3 SECTION 7. BUSINESS DISTRICTS Subd. 1. NB, Neighborhood Business District. F. Permitted Uses. In the NB District, unless otherwise provided in this Ordinance, no building or land shall hereafter be erected, or structurally altered except for one or more of the following uses. 6. Restaurant without drive - through service facilities of --and without outdoor dining or seating. H. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the NB District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2 of this Ordinance. 3. Restaurants with acco coy outdoor dining facilities provided that: a. Thc applicant submit a site plan and other pef#ineht '^fation roccptacbs, and wait stations. 5. Access to the dining area shall be provided only via the principal building if alcoholic beverages are served i 4he eut eor dining arca. c. The size of the dining arca is restricted to thirty (30) percent of the d. All lighting be hooded and dircctod away from adjacent residential c. Thc applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the Wig: 1) Outdoor dining ar„a shall be at Icaot pa Tally ceg egated from through pedestrian circulation by means of fencing, bollards, ropes, plantings, er other methods, aia4 shall be cubjcct to revic 2) Minimum clear ravage zone for pedestrians at the without interference from parked motor vehicles, bollards, Attachment A, Ordinance No. 04 -10, page 4 • • • • • 3) Ovorstory canopy of trees., umbrellas or other structures extending into the pedestrian clear passage zone or (7) feet above �idcwalk. 1. Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: 3. Accessory outdoor dining or seating facilities intended for consumption of food or beverages purchased on site. provided that requirements of Section 3, Subd. 16 are met. This administrative permit may be incorporated into another approval such as but not limited to a site plan, planned unit development, or building permit. Subd. 2. LB, Limited Business District. F. Permitted Uses. In the LB District, no building or land shall be used, and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses. 8. Restaurant without drive- through service facilities sr -and without outdoor dining or seating. H. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the LB District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 9. Restaurants with accessory outdoor dining facilities provided that: a. The applicant submit a site plan aid at 149-r, po#+aent information dcmonctrating the location and type of all tables, rofusc rocoptacics, and wait stations. b. Access to the dining area slzraii be provided oaly v the principal building if alcoholic bevo; ages are sealed -in the outdoor dining arcs. Attachment A, Ordinance No. 04 -10, page c. Thc size of thc dining arca is restricted to thirty (30) percant of the total customer floor arca within the principal structure. d. All lighting bo hooded and imoted away from adjacent residential ucn..c in accordance with SOCti3n 3, Subd. 1I.F of this Ordinance. The applicant demonstrates that padostrian circulation is riot disrupted as a result of the outdoor dining ar.,a by prov• ng -tic following: 1) Outdoor dining arca shall-be at bast partially segregated from through pedestrian circulation by mean of fencing, bollards, ropcs, plantings, -or other mom, and shall be cu review and approval by tho City Council. 2) Minimum clear passage zono for pcdcstrians at tho • - extending into the podostrian clear passage zono or pedestrian aisle Shall have a minimum -clearancc of sovcn (7) fact above sidewalk. f. Thc dining area is surtaccd with concrete, bituminous or d- corativc pavers or may consist of a -dock with woad or other- 4loo4ir+g matorial g. A minimum width of thirty six (36) ivchcs shall bo provided within aisles of thc outdoor dining arca. ti. Storage of furniture ohall not be pv o botwecn _shod to tho sidewalk shall riot be s ject b thc storage prohibition of this section. However, gay immovable or cd furniture must be :ppFo 'ed as part of the administrative permit application. - rcpuircmcnts set forthia Section 3, Sid. 5 of th+s ance ba ed on the additional ;rating afca provided by tho autdoer dining aroa. Attachment A, Ordinance No. 04 -10, page 6 • • • • • rided for oclf service outdoor dining disrupt pedeotrian circulation, and Enuet be de:, cd to prevent spillage and blowing litter. 1. Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: 3. Accessory outdoor dining or seating facilities intended for consumption of food or beverages purchased on site. provided that requirements of Section 3, Subd. 16 are met. This administrative permit may be incorporated into another approval such as but not limited to a site plan, Planned unit development. or building permit. Subd. 3. GB, General Business District. F. Permitted Uses. in the GB District, no building or land shall be used, and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses. 10. Restaurant with or without drive- through facilities, without outdoor dining or seating. H. Conditional Uses. Subject to applicable provisions of the Ordinance, the following are conditional uses in the GB District: These uses require a conditional use permit based upon the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. The applicant aibmit a oite plan and other potino it infor-r:,ration domonotrating the location and typo of all taboo, refuse rec�tacles, and wait stationo. b. Accoos to the dining aroma shall -bc provided e4y via the prancipsl building if alcoholic beverage: are-sapcted in the eutdcor d+aing area. c. The size of the dining arca i-- restricted to th-iRty (30) percent of the total cuotomor floor area within the principal structure. Attachment A, Ordinance No. 04 -10, page 7 d. Al! lighting be hooded and directed away f& ad}acaht residential c. The applicant demonstrates that pedcstfian ciFFclalat+ea is not disrupted as a result of the. outdoor dining area by providing the toflawin-g4 1) Outdoor dining area shall be at least partially segregated from through pcdectriaR circulation by means of temporary 2) Minimum clear passage zone for pedestrians at the perimeter of the restaurant shall be at least five (5) fact trees, tree gates, curbs, stairways, tr sh 1.eptacles, street lights, parking meters, or the iil-c. - pedestrian aisle shall have a minimum cIearacce of ;:even (7) feet above sidewalk. f. The dining arca is surfaced with concrete, bit-um-in-94c or decorative ODA aisles of the outdoor dining arca. h. Storage of furniture shall not be Old id oves loctwocn November 1 and March 31. Outdoor #t niture that is immovable or M. the storage prohibition of this section. I -veer, a y immovable or the administrative permit application. i. Additional off street parking shall be roquired pursuant to the on the additional seating area provided by the outdeofdining arca. Refuse containers are provided for -.RI ;eesicc outdoor dining spillage and blowing litter. Attachment A, Ordinance No. 04 -10, page 8 • • Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: 3. Accessory outdoor dining or seating facilities intended for consumption of food or beveraaes purchased on site, provided that reauirements of Section 3, Subd. 16 are met. This administrative permit may be incorporated into another approval such as but not limited to a site plan, Planned unit development, or building permit. • • Attachment A, Ordinance No. 04 -10, page 9 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 10 -13 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 04-10 FOR PUBLICATION WHEREAS, the City Council approved Ordinance No. 04 -10, amending the Zoning Ordinance to amend the requirements for outdoor dining /seating and define golf course uses; and WHEREAS, MN statute 412.191 provides for a city to publish a summary of an ordinance, and WHEREAS, the City Council determines that the summary in Attachment A clearly informs the public of the intent and effect of Ordinance No. 04 -10, and WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall, NOW, THEREFORE BE IT RESOLVED THAT the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Passed by the Lino Lakes City Council this 8t° day of March, 2010. Jeff Reinert, Mayor AT 1'P;ST: Julie Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • ATTACHMENT A, Resolution No. 10 -13 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 04 -10 AN ORDINANCE AMENDING TIIE ZONING ORDINANCE TO AMEND REQUIREMENTS FOR OUTDOOR SEATING AND DEFINE GOLF COURSE USES Section 1: Findings: 1) The Lino Lakes Zoning Ordinance currently requires a conditional use permit for restaurants with accessory outdoor dining facilities. 2) Some current language in the ordinance is ambiguous. 3) A conditional use permit adds time and expense for a business without providing a benefit to the public that can't be otherwise provided. 4) Outdoor seating is a suitable use in business districts. 5) The amendments support policies and strategies in the Comprehensive Plan. 6) The Lino Lakes Planning & Zoning Board held a public hearing on the amendments on February 10, 2010 and recommended approval. Section 2: The Zoning Ordinance is amended as follows: Section 1 Definitions: New Golf Course definition that includes accessory uses typically associated with golf courses. New Miniature Golf Course definition that does not include those accessory uses. Amend definition of Recreation Area to delete golf courses. Section 3 General Provisions: Add performance standards for Accessory Outdoor Dining or Seating Facilities. Section 7: Neighborhood Business, Limited Business, and General Business zoning districts: add Accessory Outdoor Dining or Seating Facilities as uses by administrative permit and delete as conditional use. Section 3 As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Section 4: This ordinance shall be in effect in accordance with the City Charter. Passed by the Lino Lakes City Council on March 8, 2010. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. • • AGENDA ITEM 6B STAFF ORIGINATOR: Michael Grochala MEETING DATE: March 8, 2010 TOPIC: i. Resolution No. 10 -22, Approving Change Order No.19, Lake Drive /35W Improvement Project ii. Resolution No. 10 -23, Approving Change Order No. 20, Lake Drive /35W Improvement Project VOTE REQUIRED: 3/5 Vote Required BACKGROUND On May 14, 2007 the City Council awarded the Lake Drive /I -35W Improvement Project to Lunda Construction Company in the amount of $7,531,701.71. All work on the project has been completed and Mn /DOT staff are working to complete the project administration. Staff is requesting council consideration of two change orders for the project, each representing deductions to the final contract amount. Change Order No. 19 is a deduct in the amount of $123,500 for liquidated damages due to the delay in the project completion. Change Order No. 20 is a deduct in the amount of $165.00 for concrete that failed gradation requirements. RECOMMENDATION Staff is recommending approval of Resolutions No. 10 -22 and 10 -23. ATTACHMENTS 1. Resolution No. 10 -22 2. Resolution No. 10 -23 3. Change Order No. 19 4. Change Order No. 20 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 10 -22 RESOLUTION APPROVING CHANGE ORDER NO. 19 LAKE DRIVE /I35W IMPROVEMENT PROJECT WHEREAS, pursuant to the resolution of the City Council adopted May 14, 2007, the City awarded the construction contract for the Lake Drive /I -35W Improvement Project to Lunda Construction Company; and WHEREAS, the construction contract specifications provide for the assessment of Liquidated Damages for delay in project completion for both substantial completion and final completion; and WHEREAS, the project engineer has determined that substantial completion was delayed 26 days ($3,000 per day) and final completion was delayed 91 days ($500 per day) and should be assessed in accordance with the contract specifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Change Order No.19, is hereby approved in the deduct amount of $123,500.00 Jeff Reinert, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 8th day of March, 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. • • • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 10 -23 RESOLUTION APPROVING CHANGE ORDER NO. 20 LAKE DRIVE /I35W IMPROVEMENT PROJECT WHEREAS, pursuant to the resolution of the City Council adopted May 14, 2007, the City awarded the construction contract for the Lake Drive /I -35W Improvement Project to Lunda Construction Company; and WHEREAS, the project engineer has determined that the coarse aggregate for for ready -mix concrete used for the Bridge No. 02817 north approach panel failed to meet gradation requirements; and WHEREAS, the Mn /DOT Concrete Office, has recommened that the deficient material be allowed to remain in place at a reduced price. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: III1. Change Order No.20, is hereby approved in the deduct amount of $165.00 Jeff Reinert, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 8th day of March, 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. • 1)/1 n ;DOT TP-200-0112-92 ) State of Minnesota - Department of Transportation CHANGE ORDER # 1.9 Contractor: Lunda Construction Co. Address: 15601 Clayton Avenue S. Rosemount, MN 55068 SHEET 1 OF 1 SHEETS State Project No.: 0280 -55 Contract No. Z07502 Location: In Lino Lakes on CSAH 23 (Lake Dr.) From 1000 ft. south of Town Center Parkway to Apollo Dr. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions. For Liquidated Damages on the Contract as a whole: The Engineer with the concurrence of the City of Lino Lakes has determined that in accordance with Mn /DOT Specification 1807 will assess Liquidated Damages in accordance with Specification 1807.1 Per Special Provision S -29.1, all work under the Contract, excluding maintenance and final clean up, was to be completed July 13, 2008. The Contractor on August 8, 2008 had substantially completed the work having C.S.A.H. 23 open to traffic for safe and convenient use by the traveling public. As per table 1807 -1 a daily charge of $3,000.00 will be assessed for twenty six (26) days for a total of $78,000.00. In accordance with 1807.2 and Special Provision S -29.1, the Department will assess reduced Liquidated Damages from November 13, 2008 through May 4, 2009 in the amount of $500 per day for maintenance and final clean up. During the period from February 5, 2009 through April 27, 2008 the project was in suspension. The Contractor utilized ninety one (91) days. Liquidated damages of $45,500.00 will be assessed. As per Specification 1807, Total Liquidated Damages assessed for the Project $123,500.00 CHANGE IN CONTRACT TIME Due to this change the Contract Time: a. Is increased ( ) by Working Days Is decreased ( ) by Working Days Is increased ( ) by Calendar Days Is decreased ( ) by Calendar Days h. Is not changed (X ) c. May be revised if the work affected the controlling operation ( ) Issued By � - f " . ``17 ProjectResidchtiCounty Engineer Date Approved By: City of Lino Lakes Date Approved By: Anoka County Date i • Accepted By: \,!_ -- L C � _ 7_/ -Ee. Contractor's Authorized Representative Date Original to Project Engineer; copies to Contractor, City of Lino Lakes, Anoka County -50- MniLOT TP- 2460 -( 12 -921 State of Minnesota - Department of Transportation • CHANGE ORDER # 20 • • Contractor: Lunda Construction Co. Address: 15601 Clayton Avenue S. Rosemount, IvLN 55068 SHEET 1 OF 1 SHEETS State Project No.: 0280 -55 Contract No. Z07502 Location: In Lino Lakes on CSAH 23 (Lake Dr.) From 1000 ft south of Town Center Parkway to Apollo Dr. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions. The aggregate test reports and material disposition forms compiled by Mn /DOT indicate that on 5 -9 -08 the coarse aggregate for ready -mix concrete supplied by Cemstone Plant #7 & #17 Blaine failed to meet the ,D-adation requirements for Mn/DOT Specification 3137 CA -50. This concrete was used for Bridge No. 02817 North Approach Panel. Upon recom.m.endation of the Concrete Office, the concrete containing the deficient material will be allowed to remain in place at a reduced price. The dollar amount to be deducted from the Contractor's project payable monies is computed as shown below in the Estimate of Costs. Decrease - Group No. #1 @ 100% Description Estimate of Costs Unit Quantity Unit Price Amount Deduct for Failing Gradation CY 10 -516.50 - $165.00 Lab. No. 32A Total Credit this Change Order - $165.00 CHANGE IN CONTRACT TIME Due to this change the Contract Time: a. Is increased ( ) by Working Days Issued By:.' Is decreased ( ) by Working Days Project'Resident/County Engineer Date Is increased ( ) by Calendar Days Is decreased ( ) by Calendar Days Approved By: City of Lino Lakes Date b. Is not changed (X ) Approved By: c. May he revised if the work affected Anoka County Date the controlling operation ( ) Accepted By: T) _2.._ L Z -ZL -0 Contractor's Authorized Representative Date Original to Project Engineer; copies to Contractor, City of Lino Lakes, Anoka County • • • AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala, Community Development Director CITY COUNCIL MEETING DATE: March 8, 2010 TOPIC: ACTION REQUIRED: BACKGROUND Resolution No. 10 -24, Rice Creek Watershed District LIDAR Products, License Agreement Simple Majority Light Detection and Ranging (LIDAR) is a remote sensing system used to collect topographic data. LIDAR data was collected by the Rice Creek Watershed District (RCWD) for the entire watershed area in the fall of 2008. RCWD will use the LIDAR Data to support hydrologic and hydraulic modeling, aid in permit reviews, and as a general resource management tool. The LIDAR Products that the City will receive are as follows: — Hybrid images create from LIDAR intensity and hill shade data. — Digital Elevation Model. — Two Foot Contours. RCWD is offering the LIDAR products for no costs with the completion of the attached license agreement. RECOMMENDATION Staff is recommending the adoption of Resolution No. 10 -24, Approving the Rice Creek Watershed District LIDAR Products, License Agreement. ATTACHMENTS 1. Resolution No. 10 -24 2. LIDAR Products License Agreement Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 10 -24 RESOLUTION APPROVING THE RICE CREEK WATERSHED DISTRICT LIDAR PRODUCTS LICENSE AGREEMENT WHEREAS, the Rice Creek Watershed will provide the City of Lino Lakes with the following data upon completion of the LIDAR Products License Agreement: — Hybrid Images create from LIDAR intensity and hill shade data. — Digital Elevation Model. — Two Foot Contours. WHEREAS, the LIDAR products have been developed for application to watershed -wide planning as well as to the elevation of local consequences of development or public infrastructure; WHERAS, the LIDAR Products have been developed with public resources, and it is the Rice Creek Watershed District's intent that they be made available to other public bodies and the public generally to provide the greatest public benefit for purpose of water resource planning, management and protection the Rice Creek Watershed District finds that wide usage of LIDAR products within the watershed has a watershed -wide benefit, wishes to promote such us, and therefore has determined not to charge others for their use; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA that: 1. The License Agreement for LIDAR Products with the Rice Creek Watershed District is hereby approved. Jeff Reinert, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 8th day of March, 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. • • • • • • LICENSE AGREEMENT RICE CREEK WATERSHED DISTRICT LiDAR PRODUCTS Licensee: THIS LICENSE AGREEMENT is entered into by the Rice Creek Watershed District ( "District "), a political subdivision of the State of Minnesota, and ,a ( "User "). WHEREAS the District has developed a set of Light Detection and Ranging (LiDAR) products ( "LiDAR products ") described as: • Raw classified LiDAR data; • Filtered bare earth LiDAR data; • Hybrid one -meter black and white georeferenced "111- images; • Shapefile indicating tile boundaries; and • Other products derived from LiDAR data including but not limited to: (a) digital elevation or other terrain models; and (b) contours based on the LiDAR. WITF,REAS the LiDAR products have been developed for application to watershed -wide planning as well as to the evaluation of the local consequences of development or public infrastructure projects; WHEREAS the LiDAR products have been developed with public resources, and it is the District's intent that they be made available to other public bodies and the public generally to provide the greatest public benefit for purposes of water resource planning, management and protection; WHEREAS the District fords that wide usage of the LiDAR products within the watershed has watershed -wide benefit, wishes to promote such use, and therefore has determined not to charge others for their use; WHEREAS the District has determined that the LiDAR products are classified as "trade secret information," nonpublic data and otherwise data not subject to disclosure under the Minnesota Data Practices Act, Minnesota Statutes Chapter 13, but that it is appropriate for the District to provide for the disclosure of the LiDAR products in accordance with certain protections and commitments by User as set forth in this License Agreement; NOW THEREFORE, in consideration of the foregoing, the Dishict and User agree as follows: 1 1. Use of LiDAR Products 1.1 Authorized Uses. User is granted a nonexclusive, nontransferable and nonassignable license to use the LiDAR products. This license shall be in effect only during compliance by User and its agents, consultants and contractors (ACCs) with the terms and conditions of this License Agreement. User and, pursuant to section 1.3, its ACCs may use the LiDAR products in the form provided by the District for User's own authorized purposes and for no other purpose. User and its ACCs may modify or transfer the LiDAR products, or merge the LiDAR products into other data bases, only for User's authorized purposes. User and its ACCs may operate on the LiDAR products using such proprietary or public software as it independently is authorized to use and may disclose or distribute the products of that operation, but it may not disclose or distribute the LiDAR products in the same or substantially the same form as received from the District. User may duplicate the LiDAR products for use by User and its ACCs, provided the central processing units on which the LiDAR products are maintained support only equipment operated by User and its ACCs, and the LiDAR products are used only for User's own authorized purposes. Except for off -site backup pursuant to established procedures, User and its ACCs shall not remove the LiDAR products from their place of business. 1.2 Unauthorized Uses. User and its ACCs shall not use the LiDAR products on behalf of any individual, organization, corporation, government entity, or any other party other than User. User's ACCs shall use the LiDAR products only in the conduct of User's business and for User's authorized purposes. User and its ACCs shall not duplicate or disclose the LiDAR products to any third parties unless such use, duplication or disclosure is expressly authorized in writing by the District. User and its ACCs shall not charge third parties for the availability of the LiDAR products. This shall not prevent User and its ACCs from charging third parties as otherwise authorized for its software costs, staff time or other ancillary costs associated with modeling and analysis using the LiDAR products. User acknowledges that the District has declared the applicability of copyright protection to the LiDAR products. User shall conform to all legal requirements consistent with the copyright status of the data as declared by the District. 1.3 Third Party Access. If it is necessary for User to make the LiDAR products available to an outside ACC for User's authorized purposes, User must obtain from each ACC and provide to the District a signed copy of the LiDAR Products License Agreement Third -Party Certification attached to and incorporated into this License Agreement as Attachment A, and must receive a written authorization from the District. Under the Third -Party Certification, ACCs are subject to all terms and obligations of this License Agreement to the same extent as such terms and obligations apply to User. 2 • • • • 1.4 Data Security. User and its ACCs agree to take all necessary and reasonable steps to ensure the LiDAR products are not disclosed or made accessible in whole or in part to third parties except as may be authorized in this License Agreement. User and its ACCs agree they will not knowingly or negligently allow their employees or agents to copy, sell, disclose or otherwise make the LiDAR products available to others. User and its ACCs agree to immediately notify the District by telephone and in writing of any unauthorized sale or other disclosure. User and its ACCs further agree to prevent unauthorized disclosure through appropriate security measures including, but not Limited to, providing physical security for copies of the LiDAR products and taking all steps that they take to protect tangible and intangible data products of their own that they regard as proprietary, confidential or nonpublic. 1.5 Data Practices Act. User shall treat the LiDAR products as nonpublic data not subject to public disclosure under the Minnesota Data Practices Act and shall advise any requestor of the data classification accordingly. User shall notify the District immediately of any challenge to User's withholding of the LiDAR products and shall not release the LiDAR products, or any part thereof, pursuant to the Data Practices Act without written authorization from the District. 1.6 Reservation of Rights. The LiDAR products are the exclusive property of the District, which retains all right, title and interest in the LiDAR products, including the right to license the LiDAR products to other users. Any right or remedy provided to the District in this License Agreement shall be nonexclusive and in addition to any other right or remedy available to the District in law or equity. 1.7 Errors and Omissions. User timely shall advise the District in writing of any errors or omissions it fords within the LiDAR products. 2. License Agreement Term and Termination 2.1 Term. The term of this License Agreement shall commence upon execution of this License Agreement by both parties and shall end on the January 31 first following commencement. Notwithstanding, the License Agreement shall renew automatically from year to year. 2.2 Termination. Notwithstanding section 2.1, the District may terminate this License Agreement at any time on written notice to User if User fails to comply with the terms and conditions of this License Agreement. The District or User may terminate the License Agreement without cause on 30 -day notice to the other party. 2.3 Return or Destruction of LiDAR Products. When this License Agreement has been terminated, User must either destroy all copies of the LiDAR products and provide to the District written certification of the destruction, or return all copies of the LiDAR products to the District. 3 3. Limited Warranty and Disclaimers 3.1 Limited Warranty. The LiDAR products provided by the District are made available to User subject to the following limitations and restrictions: (a) User is responsible for the installation and use of the LiDAR products and the results or consequences obtained from User's installation or use of the LiDAR products. (b) The District does not warrant that the LiDAR products are error free, and disclaims any other warranties, express or implied, respecting this License Agreement or the LiDAR products. (c) THE LiDAR PRODUCTS, AND ASSOCIATED MANUALS, REFERENCE MATERIALS AND TECHNICAL DOCUMENTATION (IF ANY), ARE PROVIDED "AS IS" WITHOUT ANY SUPPORT WHATSOEVER AND WITHOUT WARRANTY AS TO THEIR PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. TILE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE LiDAR PRODUCTS IS ASSUMED BY USER. (d) THE DISTRICT SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, O [HER FINANICAL LOSS, LOSS OF DATA, OR ANY OTRER DAMAGE OF ANY KIND ARISING OUT OF USER'S USE OR ATTEMPTED USE OF THE LiDAR PRODUCTS, OR ANY THIRD PARTY CLAIMS THAT MAY RESULT FROM THE USE OF THE LiDAR PRODUCTS, EVEN IF THE DISTRICT HAS BEEN ADVISED OF I'ELE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. 3.2 Sole Remedies. User's sole and exclusive remedies for breach of these limited warranties shall be as follows: (a) User may return the LiDAR products to the District, which, at its discretion, may replace or repair the LiDAR products and return the LiDAR products to User; or (b) User may terminate this License Agreement in accordance with section 2, above. 3.3 Indemnification. User shall hold harmless, defend and indemnify the District, its officers, board members, employees and agents from any and all actions, costs, damages and liabilities of any nature related to User's use of the LiDAR products, to the extent permitted by law. Nothing in this License Agreement shall be construed to waive any immunity, defense or limit on liability applicable to the District or User or otherwise to create a right in any third party. 4 • • • • • 4. General Terms and Conditions 4.1 Whereas Clauses. All recitals included in this License Agreement are incorporated into and considered a part of the Agreement. 4.2 Amendment. The terms of this License Agreement may be amended only by written agreement of the District and User. 4.3 Governing Law. This License Agreement shall be governed by and interpreted according to the laws of the State of Minnesota. 4.4 Waiver. No waiver of any violation of this License Agreement shall constitute a waiver of any subsequent violation, whether of the same or of any other term. Subsequent performance of any of the terms of this License Agreement shall not constitute a waiver of any preceding violation, regardless of the other party's knowledge of the preceding violation at the time of subsequent performance. The delay or omission of any party's exercise of any right arising from any default shall not affect or impair the party's rights regarding the same or future default. 4.5 No Agency. The District and User are independent parties for all legal purposes hereunder, and nothing herein shall be construed to create an agency, joint venture, partnership or other form of business association between the parties. 4.6 Assignment. User shall not assign, sublet or transfer this License Agreement in whole or in part, without the prior written consent of the District. Any attempt to assign, sublet or transfer this License Agreement without prior written consent shall be void and of no force or effect. 4.7 Correspondence. Correspondence regarding this License Agreement or the LiDAR products shall be directed as follows: To the District: LiDAR Products Coordinator Rice Creek Watershed District 4325 Pheasant Ridge Drive NE Suite 611 Blaine MN 55449 -4539 To User: [name] [organization] [mailing address] [city, state, zip] 5 4.8 Survival of Provisions. All obligations of User regarding use and protection of the LiDAR products; all obligations to hold harmless, defend and indemnify; and limitations on all warranties in this License Agreement shall survive termination of the Agreement. 4.9 Authority. The person or persons executing this License Agreement on behalf of User represent that they are duly authorized to execute this License Agreement on behalf of User and represent and warrant that this License Agreement is a legal, valid and binding obligation enforceable according to its terms. INTENDING TO BE LEGALLY BOUND by the foregoing terms: Print title: Date: (Attach Resolution of Governing Body Authorizing Signature) RICE CREEK WATERSHED DISTRICT Administrator Date: 6 • • • • ATTACHMENT A LiDAR PRODUCTS LICENSE AGREEMENT THIRD -PARTY CERTIFICATION hereby requests authority to exercise rights to use the Rice Creek Watershed District's LiDAR Products as an agent, consultant or contractor to under the License Agreement executed on between and the Rice Creek Watershed District. In assuming that authority, and in consideration therefore, hereby represents and affirms that it has received and is familiar with the cited License Agreement, that its authority is limited by the terms of the Agreement, and that it is fully subject to all limitations, obligations and liabilities set forth in that Agreement to the same extent as if it were a signatory thereto. By Print name: Print title: Date: (Notary Acknowledgment)