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Home My WebLink About10/12/2009 Council PacketSUMMARY MINUTES IL Monday, October 12, 2009 XXX* * ** **** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup Acting City Administrator Dan Tesch ➢ Open Mike / Public Comment No comments ➢ Call to Order and Roll Call 6:35 p.m. — Present were Mayor Bergeson, Council Members Reinert, Gallup, O'Donnell and Stoltz ➢ Pledge of Allegiance ➢ Setting of Agenda The agenda was accepted as presented A) Consideration of Expenditures: i) October 12, 2009 (Check No. 86796 through 86934) in the amount of $138,271.32; ii) Centennial Fire District (Check No. 3981 through 3997) in the amount of $5,513.84 Pg 3 -20 Pg 21 B) Approval of applications for Exempt Permit from Lawful Gambling License for St. Joseph Catholic Church: i) Turkey Bingo event on November 22, 2009; Pg 22 ii) Venison Feed (raffle) on November 24, 2009 Pg 23 Action Taken: Motion by Stoltz, seconded by Gallup to approve the Consent Agenda, Items 1A and 1B, was adopted NANCE DE No report. A) Lease for Presbyterian Church Action Taken: Motion by Gallup, seconded by O'Donnell, to approve the lease was adopted PUBLIC No report. Council Agenda No report. -2- SUMMARY MINUTES 10/12/2009 1 A) Lodging Tax i) Consider Second Reading of Ordinance No. 07 -09 Imposing a Tax Upon Lodging, Mary Alice Divine Pg 24 -34 Action Taken: Motion by Stoltz, seconded by O'Donnell, to approve Ordinance NO. 07 -09 as presented, was adopted by the following roll call vote: Yeas, 5; Nays none ii) Consider Resolution No. 09 -85 Summary Ordinance, Mary Alice Divine Pg 35 -37 Action Taken: Motion by O'Donnell, seconded by Gallup, to approve Resolution No. 09 -85, was adopted B) MN Metro North Tourism Pg 38 -66 i) Consideration of Resolution No. 09 -86 Bylaws, Mary Alice Divine ii) Consideration of Resolution No. 09 -87 Articles of Incorporation, Mary Alice Divine iii) Consideration of Resolution No. 09 -88 Joint Powers Agreement, Mary Alice Divine Action Taken: Motion by Reinert, seconded by O'Donnell, to approve Resolutions No. 09 -86, 09 -87 and 09 -88 and to designate Mary Alice Divine as the city's temporary representative to the organization board (with commencement of an open public process seeking an appointee), was adopted C) 2009 Development and Individual Assessments i) Consideration of Resolution No. 09 -83, Adopting Assessments, 2009 Developments, Jim Studenski Pg 67 -70 Action Taken: Motion by Stoltz, seconded by Gallup, to approve Resolution No. 09 -83 as presented, was adopted ii) Consideration of Resolution No. 09 -84, Adopting Assessments, 2009 Individual Properties Which Requested Connection to City Utilities, Jim Studenski Pg 71 -74 Action Taken: Motion by O'Donnell, seconded by Stoltz, to approve Resolution No. 09 -84 as presented, was adopted Council Agenda -3- SUMMARY MINUTES D) Consideration of Resolution No. 09 -89, Approving a Performance Agreement for North Springs Church, Jim Studenski Action Taken: Motion by Reinert, seconded by Stoltz, to approve Resolution No. 09 -89, was adopted None. 10/12/2009 A) Consider approval of September 28, 2009 Council Work Session Minutes Council Member Stoltz absent Pg 75 -76 B) Consider approval of September 28, 2009 City Council Meeting Minutes Council Member Stoltz absent Pg 77 -82 Action Taken: Motion by O'Donnell, seconded by Gallup, to approve the minutes as presented, was adopted Artie Action Taken: Motion by Gallup, seconded by O'Donnell, to adjourn, was adopted Community Calendar — A Look Ahead October 13, 2009 through October 26, 2009 Wednesday, October 14 6:30 pm, Council Chambers Monday, October 26 5:30 pm, Community Room 4. Monday, October 26 6:30 pm, Council Chambers Planning & Zoning Council Work Session Council Meeting • • • CITY OF LINO LAKES CITY COUNCIL AGENDA Monday, October 12, 2009 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup Acting City Administrator Dan Tesch ➢ Open Mike / Public Comment ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Setting the Agenda: Addition or deletion of agenda items CONSENT AGENDA A) Consideration of Expenditures: i) October 12, 2009 (Check No. 86796 through 86934) in the amount of $138,271.32; ii) Centennial Fire District (Check No. 3981 through 3997) in the amount of $5,513.84 Pg 3 -20 Pg 21 B) Approval of applications for Exempt Permit from Lawful Gambling License for St. Joseph Catholic Church: i) Turkey Bingo event on November 22, 2009; Pg 22 ii) Venison Feed (raffle) on November 24, 2009 Pg 23 FINANCE DEPARTMENT, REPORT, Al Role No report. ADMINISTRATION DEPARTMENT R PI A) Lease for Presbyterian Church PUBLIC SAFETY DEPARTMENT REPO] No report. PUBLIC SER CE�S`'D�I A TIVI No report. ccnr Council Agenda -2- 10/12/2009 COMMUNITY DEVELOPMENT REPORT, Michael Grochala A) Lodging Tax i) Consider Second Reading of Ordinance No. 07 -09 Imposing a Tax Upon Lodging, Mary Alice Divine Pg 24 -34 ii) Consider Resolution No. 09 -85 Summary Ordinance, Mary Alice Divine Pg 35 -37 Reading and roll call required B) MN Metro North Tourism — i, ii, iii Pg 38 -66 i) Consideration of Resolution No. 09 -86 Bylaws, Mary Alice Divine ii) Consideration of Resolution No. 09 -87 Articles of Incorporation, Mary Alice Divine iii) Consideration of Resolution No. 09 -88 Joint Powers Agreement, Mary Alice Divine C) 2009 Development and Individual Assessments i) Consideration of Resolution No. 09 -83, Adopting Assessments, 2009 Developments, Jim Studenski Pg 67 -70 ii) Consideration of Resolution No. 09 -84, Adopting Assessments, 2009 Individual Properties Which Requested Connection to City Utilities, Jim Studenski D) Consideration of Resolution No. 09 -89, Approving a Performance Agreement for North Springs Church, Jim Studenski UNFINISHED BUSINE None. NEW BUSINESS A) Consider approval of September 28, 2009 Council Work Session Minutes Council Member Stoltz absent Pg 75 -76 Pg 71 -74 To Follow B) Consider approval of September 28, 2009 City Council Meeting Minutes Council Member Stoltz absent Pg 77 -82 Adjournment; Community Calendar — A Look Ahead October 13, 2009 through October 26, 2009 Wednesday, October 14 6:30 pm, Council Chambers 4. Monday, October 26 5:30 pm, Community Room 4 Monday, October 26 6:30 pm, Council Chambers Planning & Zoning Council Work Session Council Meeting • EXPENDITURES October 12, 2009 • • Date: 10/02/2009 Time: 09:08:26 Operator: KKF Page: 1 City of Lino Lakes • FM Entry - Invoice Payment - Department Report Ranges: Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 8212 - 8218 Bank #: (A) Options: Print Ranges /Options: Y # of copies: 1. Page on Department: N Department Vendor Name Description Amount AMERICAN FAMILY LIFE MONTHLY LIFE INS PREMIUM 197.34 AFSCME COUNCIL #5 MONTHLY DUES 970.62 RELIASTAR LIFE INSUR MONTHLY INS PREMIUMS 1,339.22 DELTA DENTAL PLAN OF MONTHLY DENTAL INS PREMI 2,784.42 LAW ENFORCEMENT LABO MONTHLY DUES 924.00 METRO COUNCIL ENVIRO AUG 2009 SAC CHARGES 3,960.00 MN CHILD SUPPORT PAY BRIAN C HRONSKI ID 00140 681.40 ANOKA COUNTY LICENSE TITLE TRANSFER 32.00 HEALTH PARTNERS MONTHLY INS PREMIUM 9,550.42 Total for Department 20,439.42* MAYOR /COUNCIL D. THOMAS JEWELRY, I ADD EMERALD TO PENDANT 25.00 MAYOR /COUNCIL VIGER, JEAN GREETING CARD REIMBURSEM 13.44 Total for Department 401 38.44* ADMINISTRATION RELIASTAR LIFE INSUR MONTHLY INS PREMIUMS 19.00 ADMINISTRATION DELTA DENTAL PLAN OF MONTHLY DENTAL INS PREMI 147.03 ADMINISTRATION NEXTEL COMMUNICATION PUBLIC WORKS PHONE CHARG 17.34 STRATION SPRINT CELL PHONE CHARGES 116.91 STRATION LINCOLN NATIONAL LIF MONTHLY INS PREMIUM 69.67 AD NISTRATION HEALTH PARTNERS MONTHLY INS PREMIUM 2,261.95 Total for Department 402 2,631.90* SENIORS RELIASTAR LIFE INSUR MONTHLY INS PREMIUMS 4.75 SENIORS DELTA DENTAL PLAN OF MONTHLY DENTAL INS PREMI 22.97 SENIORS NEXTEL COMMUNICATION PUBLIC WORKS PHONE CHARG 17.34 SENIORS LINCOLN NATIONAL LIF MONTHLY INS PREMIUM 6.44 SENIORS HEALTH PARTNERS MONTHLY INS PREMIUM 319.40 Total for Department 406 370.90* FINANCE RELIASTAR LIFE INSUR MONTHLY INS PREMIUMS 19.00 FINANCE ST. MICHAEL, CITY OF K FREAD CONFERENCE FEE 25.00 FINANCE ST. MICHAEL, CITY OF P SCHLOER CONFERENCE FEE 25.00 FINANCE DELTA DENTAL PLAN OF MONTHLY DENTAL INS PREMI 206.45 FINANCE LINCOLN NATIONAL LIF MONTHLY INS PREMIUM 62.73 FINANCE HEALTH PARTNERS MONTHLY INS PREMIUM 2,006.43 Total for Department 407 2,344.61* LEGAL CONSULTANTS SWEENEY, BORER, & SW SEPT 09 PROSECUTION SERV 10,379.90 LEGAL CONSULTANTS RATWIK, ROSZAK & MAL PROFESSIONAL SERVICES 2,850.00 Date: 10/02/2009 Time: 09:08:26 Operator: KKF • Department Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount Total for Department 414 ECONOMIC DEVELOPMENT RELIASTAR LIFE INSUR MONTHLY INS PREMIUMS ECONOMIC DEVELOPMENT DELTA DENTAL PLAN OF MONTHLY DENTAL INS PREMI ECONOMIC DEVELOPMENT LINCOLN NATIONAL LIF MONTHLY INS PREMIUM ECONOMIC DEVELOPMENT HEALTH PARTNERS MONTHLY INS PREMIUM Total for Department 415 PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING PLANNING & ZONING COMM DEV COMM DEV COMM DEV COMM DEV COMM DEV POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE RELIASTAR LIFE INSUR MONTHLY INS PREMIUMS DELTA DENTAL PLAN OF MONTHLY DENTAL INS PREMI SMYSER, JEFF MN STATE PLANNING CONFER LINCOLN NATIONAL LIF MONTHLY INS PREMIUM HEALTH PARTNERS MONTHLY INS PREMIUM Total for Department 416 RELIASTAR LIFE INSUR MONTHLY INS PREMIUMS DELTA DENTAL PLAN OF MONTHLY DENTAL INS PREMI NEXTEL COMMUNICATION PUBLIC WORKS PHONE CHARG LINCOLN NATIONAL LIF MONTHLY INS PREMIUM HEALTH PARTNERS MONTHLY INS PREMIUM Total for Department 418 STAPLES BUSINESS ADV OFFICE SUPPLIES RELIASTAR LIFE INSUR MONTHLY INS PREMIUMS TARGET BANK ASPEN MILLS, INC. ASPEN MILLS, INC. ASPEN MILLS, INC. ASPEN MILLS, INC. HAGER, DALE VERIZON WIRELESS DELTA DENTAL PLAN OF I.T.L. PATCH COMPANY XCEL ENERGY DECISION RESOURCES, MINNESOTA SHREDDING STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. MONTHLY CHARGES C BRAGELMAN UNIFORM ALLO D PECCHIA UNIFORM ALLOWA D THILL UNIFORM ALLOWANC K LEIBEL UNIFORM ALLOWAN JULY -SEPT MONTHLY EXPENS MONTHLY WIRELESS CHARGES MONTHLY DENTAL INS PREMI EMBROIDERED SHOULDER EMB MONTHLY ENERGY USAGE TELEPHONE SURVEY SHREDDING DOCUMENTS A HALVERSON UNIFORM ALLO D PECCHIA UNIFORM ALLOWA J MARTIN UNIFORM ALLOWAN M HAGERT UNIFORM ALLOWAN M RUMPSA UNIFORM ALLOWAN MAT PAULSON UNIFORM W OWENS RETURNED ITEMS UPS /UNITED PARCEL SE UPS SERVICES LINCOLN NATIONAL LIF MONTHLY INS PREMIUM GALLS M MONSON UNIFORM ALLOWAN GUARDIAN SAFETY & SU EXAM GLOVES CHIEF SUPPLY FLASHBACK FIVE LIGHT /TIM HEALTH PARTNERS MONTHLY INS PREMIUM Total for Department 420 13,229.90* 4.75 36.75 19.22 511.04 571.76* 9.50 73.50 120.00 36.26 1,022.08 1,261.34* 11.87 64.33 17.34 50.57 383.28 527.39* 260.08 156.75 116.27 26.91 151.00 128.78 29.95 196.44 981.77 552.94 213.22 3.68 10,000.00 46.50 181.68 47.97 314.94 499.37 12.81 115.41 - 175.24 19.68 483.88 329.48 53.16 86.97 18,657.00 33,491.40* Date: 10/02/2009 Time: 09:08:26 Operator: KKF • Department Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount FIRE FIRE FIRE FIRE RELIASTAR LIFE INSUR MONTHLY INS PREMIUMS DELTA DENTAL PLAN OF MONTHLY DENTAL INS PREMI LINCOLN NATIONAL LIF MONTHLY INS PREMIUM HEALTH PARTNERS MONTHLY INS PREMIUM Total for Department 421 BUILDING INSPECTIONS RELIASTAR LIFE INSUR MONTHLY INS PREMIUMS BUILDING INSPECTIONS DELTA DENTAL PLAN OF MONTHLY DENTAL INS PREMI BUILDING INSPECTIONS NEXTEL COMMUNICATION PUBLIC WORKS PHONE CHARG BUILDING INSPECTIONS KLUEGEL, PETER P KLUEGEL CLOTHING ALLOW BUILDING INSPECTIONS LINCOLN NATIONAL LIF MONTHLY INS PREMIUM BUILDING INSPECTIONS HEALTH PARTNERS MONTHLY INS PREMIUM Total for Department 422 STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET • RELIASTAR LIFE INSUR MONTHLY INS PREMIUMS BROCK WHITE, INC. ROADSAVER 221 APX /DETACK AGGREGATE INDUSTRIES CONCRETE SANE DELTA DENTAL PLAN OF MONTHLY DENTAL INS PREMI NEXTEL COMMUNICATION PUBLIC WORKS PHONE CHARG FACTORY MOTOR PARTS CREDIT FOR DEFECTIVE BAT MECKLE, TERRY T MECKLE CLOTHING ALLOWA XCEL ENERGY MONTHLY ENERGY USAGE T.A. SCHIFSKY AND SO AC FINE ASPHALT T.A. SCHIFSKY AND SO MODIFIED ASPHALT /AC FINE WRIGHT /HENNEPIN CO -0 08/16/09 TO 09/15/09 UTI LINCOLN NATIONAL LIF MONTHLY INS PREMIUM QWEST SIGNAL PHONE CHARGES HEALTH PARTNERS MONTHLY INS PREMIUM Total for Department 430 A -1 HYDRAULIC SALES/ RELIASTAR LIFE INSUR EGAN OIL COMPANY DELTA DENTAL PLAN OF GRAFFCO, INC. HOME DEPOT CREDIT SE MENARDS, INC. MTI DISTIBUTING, INC FACTORY MOTOR PARTS COMO LUBE & SUPPLIES COMO LUBE & SUPPLIES HUGO MILL HUGO MILL HUGO MILL TOUSLEY FORD, INC. TOUSLEY FORD, INC. TOUSLEY FORD, INC. TOUSLEY FORD, INC. LINCOLN NATIONAL LIF FIRST CALL AUTO PART SAE 100R1 /FEM 0 R FACE MONTHLY INS PREMIUMS UNL GASOLINE MONTHLY DENTAL INS PREMI 300 -10 MICRON FILTER DRILL /DRIVER 3 PREM DECKSCREW FILTER - FUEL /ELEMENT SENDER & PUMP ASY SUPER D PLUS /FORMULASHEL TELLUS OIL 68 FUEL FILTER JACKSHAFT KIT /BELT -V SOLID STATE MODULE /HANDL 7W7Z 7000 CARM REMAN AU CORE RETURN SWITCH /OIL PLUG YJ541 MONTHLY INS PREMIUM BRAKE LINE /UNION 14.25 107.70 49.84 2,363.04 2,534.83* 16.39 156.22 159.47 56.08 68.43 2,960.99 3,417.58* 32.54 1,906.44 65.80 256.05 34.68 - 105.40 22.67 5,282.41 2,208.32 5,225.55 810.00 100.18 49.87 2,806.90 18,696.01* 177.79 3.80 4,005.08 42.26 14.43 200.32 21.41 34.98 368.45 1,233.02 418.52 70.48 220.66 79.88 2,311.65 - 641.25 62.07 245.59 17.45 22.57 Date: 10/02/2009 Time: 09:08:26 • Department FM Entry Vendor Name Operator: KKF Page: 4 City of Lino Lakes - Invoice Payment - Department Report Description Amount FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS RECREATION RECREATION RECREATION RECREATION RECREATION RECREATION ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL • FIRST CALL AUTO PART FIRST CALL AUTO PART FIRST CALL AUTO PART FIRST CALL AUTO PART FIRST CALL AUTO PART FIRST CALL AUTO PART FIRST CALL AUTO PART FIRST CALL AUTO PART FIRST CALL AUTO PART FIRST CALL AUTO PART PARTS ASSOCIATES, IN DIE GRINDER FUEL FILTER MINI LAMP NEW MCYL /BATTERY OIL FILTER OIL FILTER(S) OIL FILTERS RETURNED STARTER STARTER STRIPE OFF DRILL BITS HEALTH PARTNERS MONTHLY INS PREMIUM Total for Department 431 J. H. LARSON COMPANY AMERIPRIDE LINEN /APP RELIASTAR LIFE INSUR DALCO, INC. DELTA DENTAL PLAN OF FRATTALLONE'S HARDWA STANSBERRY, KAY SCHLOER, PAULA ADV R2E75STPI 120V BALLA MATS /SCRAPER MAT MONTHLY INS PREMIUMS SCOTT TISSUE /DUST MASK /H MONTHLY DENTAL INS PREMI MASKING TAPE MILEAGE REIMBURSEMENT . COFFEE FILTERS PURCHASED LINCOLN NATIONAL LIF MONTHLY INS PREMIUM HEALTH PARTNERS MONTHLY INS PREMIUM Total for Department 432 PLAYPOWER LT FARMING TOT SEAT - PART #S -25 RELIASTAR LIFE INSUR MONTHLY INS PREMIUMS DELTA DENTAL PLAN OF MONTHLY DENTAL INS PREMI NEXTEL COMMUNICATION PUBLIC WORKS PHONE CHARG FRATTALLONE'S HARDWA STRAP RIDIG 2HOLE 1" HOFFMAN, MICHAEL M HOFFMAN CLOTHING ALLOW METRO SALES INCORPOR MP 35 METER XCEL ENERGY MONTHLY ENERGY USAGE LINCOLN NATIONAL LIF MONTHLY INS PREMIUM ON SITE SANITATION I MONTHLY RENT HEALTH PARTNERS MONTHLY INS PREMIUM Total for Department 450 RELIASTAR LIFE INSUR DELTA DENTAL PLAN OF NEXTEL COMMUNICATION METRO SALES INCORPOR LINCOLN NATIONAL LIF HEALTH PARTNERS MONTHLY INS PREMIUMS MONTHLY DENTAL INS PREMI PUBLIC WORKS PHONE CHARG MP 35 METER MONTHLY INS PREMIUM MONTHLY INS PREMIUM Total for Department 451 RELIASTAR LIFE INSUR MONTHLY INS PREMIUMS DELTA DENTAL PLAN OF MONTHLY DENTAL INS PREMI NEXTEL COMMUNICATION PUBLIC WORKS PHONE CHARG 53.43 21.57 2.89 242.60 4.57 9.53 10.60 - 115.14 115.14 53.78 33.16 806.50 10,147.79* 238.55 141.96 4.75 361.02 36.75 8.00 10.01 6.29 12.00 511.04 1,330.37* 351.62 30.89 275.91 271.01 3.69 61.07 159.00 188.12 93.46 620.75 3,447.16 5,502.68* 15.20 117.64 17.34 53.00 45.90 1,616.75 1,865.83* 5.22 12.86 34.68 Date: 10/02/2009 Time: 09:08:26 Operator: KKF • Department Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount ENVIRONMENTAL ENVIRONMENTAL SOLID WASTE SOLID WASTE SOLID WASTE SOLID WASTE FORESTRY FORESTRY FORESTRY FORESTRY FORESTRY FORESTRY FORESTRY • • LINCOLN NATIONAL LIF MONTHLY INS PREMIUM HEALTH PARTNERS MONTHLY INS PREMIUM Total for Department 461 RELIASTAR LIFE INSUR MONTHLY INS PREMIUMS DELTA DENTAL PLAN OF MONTHLY DENTAL INS PREMI LINCOLN NATIONAL LIF MONTHLY INS PREMIUM HEALTH PARTNERS MONTHLY INS PREMIUM Total for Department 462 RELIASTAR LIFE INSUR DELTA DENTAL PLAN OF FORESTRY SUPPLIERS, COMO LURE & SUPPLIES LINCOLN NATIONAL LIF JRK SEED AND TURF SU HEALTH PARTNERS MONTHLY INS PREMIUMS MONTHLY DENTAL INS PREMI METER, SOIL MOISTURE, 9" MORLINA OIL 220 MONTHLY INS PREMIUM TREE IV W/2 PACK KIT,R0O MONTHLY INS PREMIUM Total for Department 463 Total for Fund 101 COMSTOCK, LISA LINDERS, DAN FARRIS, JIM NOWACKI, DAVID SLAGA, KATHY BORDSON, BRENT NARDECCHIA, JOHN NELSON, BRIAN SCHOEBERL, KAYLENE THORESON, STEVE LOVICK, DAVE SMUDE, JIM BANGERT, PHIL TROJE, NICK GRAMSE, ALLEN MUNSON, DAVID BAKKER, MIA WOOLF, TODD ANDERSON, TOM CLASEMAN, MATT ENNETT, LARRY FIDLER, TOM GANSKE, JEFF HALVA, ROB HAMSKI, DAN IRLBECK, BOB LAWLIS, MARK LINDSAY, CHAD OAKES, ZEKE COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND COACHES REFUND 13.65 330.54 396.95* 1.43 11.03 5.85 283.32 301.63* 2.85 12.86 99.15 74.76 6.82 880.22 330.55 1,407.21* 120,507.94* 27.50 45.00 95.00 55.00 45.00 22.50 50.00 27.50 27.50 22.50 22.50 45.00 55.00 27.50 27.50 115.00 22.50 45.00 50.00 55.00 45.00 25.00 55.00 82.50 45.00 55.00 45.00 67.50 45.00 Date: 10/02/2009 Time 09:08:27 Operator: KKF • Department Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount • SPECIAL EVENTS /TRIPS SPECIAL EVENTS /TRIPS YOUTH INSTRUCTIONAL YOUTH INSTRUCTIONAL YOUTH SPORTS OTHER WATER WATER • SCHLUENDER, DAN STRUEBING, MIKE STEICHEN, SHARON MCNAMARA, DAN NYBERG, LORI HANEY, PAT COACHES REFUND COACHES REFUND REFUND FOOTBALL FEE COACHES REFUND PROGRAM REFUND /CLASS CAN COACHES REFUND HAULER, BETSY & ERIC COACHES REFUND ANDERSON, TODD COACHES REFUND WEHLAGE, JASON COACHES REFUND CARLSON, BRAD COACHES REFUND LEWIS, MIKE COACHES REFUND KLEBBA, STEVE COACHES REFUND CARDITT , KRIS COACHES REFUND LARSON, ERIC COACHES REFUND CASE, LARRY COACHES REFUND HOVE, SUZANNE COACHES REFUND RUTZ, SUSAN COACHES REFUND DEWBERRY, YONE COACHES REFUND NELSON, ERIC 2013810856 GROESS, KELLY COACHES REFUND DUFRESNE, PATTI COACHES REFUND GUYER, LORI COACHES REFUND MONSON, MISSY COACHES REFUND BROBERG, ERIK COACHES REFUND ESKIAKA, BEN COACHES REFUND REINEKE, TOM COACHES REFUND HILGER, PAT COACHES REFUND HORVAT, JIM COACHES REFUND Total for Department ANOKA COUNTY TREASUR PLAYGROUND PROGRAMS XCEL ENERGY CENTER DISNEY LIVE Total for Department 205 PRESS PUBLICATIONS, AD FOR INSTRUCTOR WANTED GLSPORTS EASTON HAMMER TBALL BAT Total for Department 207 GREENHALGH, TOM WEB SERVICE FOR 14 TEAMS Total for Department 208 Total for Fund 201 SRF CONSULTING GROUP CSAH 14/I -35E FEASIBILIT Total for Department 499 Total for Fund 474 GRAYBAR ELECTRIC COM UY2(BX) 3M CO - ELECTRIC RELIASTAR LIFE INSUR MONTHLY INS PREMIUMS 45.00 45.00 75.00 27.50 20.00 27.50 90.00 22.50 22.50 45.00 27.50 95.00 27.50 55.00 27.50 27.50 45.00 55.00 22.50 45.00 22.50 55.00 27.50 45.00 22.50 25.00 60.00 30.00 2,482.50* 400.00 367.00 767.00* 74.00 120.25 194.25* 280.00 280.00* 3,723.75* 1,448.09 1,448.09* 1,448.09* 80.34 11.41 Date: 10/02/2009 Time: 09:08:27 • Department Operator: IMF Page: 7 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER • CIRCLE PINES POST OF CENTENNIAL UTILITIES DELTA DENTAL PLAN OF NEXTEL COMMUNICATION HILLESHEIM, TIM HOME DEPOT CREDIT SE HOME DEPOT CREDIT SE HOME DEPOT CREDIT SE HOME DEPOT CREDIT SE UTILITY POSTAGE 3RD QTR 2009 WATER & SEW MONTHLY DENTAL INS PREMI PUBLIC WORKS PHONE CHARG T HILLESHEIM CLOTHING AL 1X6 -8 S1S2E /5.2MMBIRCH AGREEMENT #131328 • PLUG RAFTER TIE HOME DEPOT CREDIT SE SHELTER GUARD XCEL ENERGY MONTHLY ENERGY USAGE SHELLY, JAMES J SHELLEY CLOTHING ALLOW COLLECTIVE RESOURCE, WIRE CHEMICAL SHED AT PR LINCOLN NATIONAL LIF MONTHLY INS PREMIUM LARSCO, INC TUBING /KOP KIT /VALVE /FLU HEALTH PARTNERS MONTHLY INS PREMIUM Total for Department 494 Total for Fund 601 RELIASTAR LIFE INSUR MONTHLY INS PREMIUMS CIRCLE PINES POST OF UTILITY POSTAGE CENTENNIAL UTILITIES 3RD QTR 2009 WATER & SEW DELTA DENTAL PLAN OF MONTHLY DENTAL INS PREMI NEXTEL COMMUNICATION PUBLIC WORKS PHONE CHARG FRATTALLONE'S HARDWA PVC ELBOW /GALV NIPPLE FRATTALLONE'S HARDWA THUJA TECHNY #10 3' HOME DEPOT CREDIT SE MIN SPIRITS /WHTBRSBRSH /U XCEL ENERGY MONTHLY ENERGY USAGE LINCOLN NATIONAL LIF MONTHLY INS PREMIUM HEALTH PARTNERS MONTHLY INS PREMIUM Total for Department 495 Total for Fund 602 BLUE TOW SERVICE, IN CN 09- 227575 '97 FORD F1 ANOKA COUNTY LICENSE TITLE TRANSFER SWEENEY, BORER, & SW FORFEITURE INVESTIGATION FIRST CALL AUTO PART CN 08- 019811 BAIILRY FIRST CALL AUTO PART CN 09- 033697 MASTER CYLI FIRST CALL AUTO PART CN 09- 038167 STARTER Total for Department Total for Fund 801 Grand Total 276.76 600.22 43.68 59.52 311.86 67.45 20.13 5.33 6.01 157.16 3,183.73 380.00 500.00 33.03 784.15 1,216.92 7,737.70* 7,737.70* 11.37 276.76 239.32 79.00 50.40 7.01 80.16 116.53 1,535.66 32.99 1,216.93 3,646.13* 3,646.13* 135.80 30.00 787.50 69.97 72.23 112.21 1,207.71* 1,207.71* 138,271.32* Date: 10/02/2009 Time: 09:11:56 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 8211 - 8217 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. 1 177.79 177.79 .00 .00 000408 AFSCME COUNCIL #5 1 970.62 970.62 .00 .00 000998 AGGREGATE INDUSTRIES, INC. 1 65.80 65.80 .00 .00 000200 AMERICAN FAMILY LIFE ASSUR, INC. 1 197.34 197.34 .00 .00 000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 141.96 141.96 .00 .00 007881 ANDERSON, TODD 1 22.50 22.50 .00 .00 007602 ANDERSON, TOM 1 50.00 50.00 .00 .00 004063 ANOKA COUNTY LICENSE BUREAU 2 62.00 62.00 .00 .00 000421 ANOKA CO TREASURER DEPT 1 400.00 400.00 .00 .00 000541 ASPEN MILLS, INC. 5 336.64 336.64 .00 .00 003 BAKKER, MIA 1 22.50 22.50 .00 .00 0 6 BANGERT, PHIL 1 55.00 55.00 .00 .00 007880 BAULER, BETSY & ERIC 1 90.00 90.00 .00 .00 000724 BLUE TOW SERVICE, INC. 1 135.80 135.80 .00 .00 001018 BORDSON, BRENT 1 22.50 22.50 .00 .00 007898 BROBERG, ERIK 1 45.00 45.00 .00 .00 000833 BROCK WHITE, INC. 1 1,906.44 1,906.44 .00 .00 007886 CARDILLE, KRIS 1 27.50 27.50 .00 .00 007883 CARLSON, BRAD 1 45.00 45.00 .00 .00 007888 CASE, LARRY 1 27.50 27.50 .00 .00 001110 CENTENNIAL UTILITIES 1 839.54 839.54 .00 .00 007875 CHIEF SUPPLY 1 86.97 86.97 .00 .00 • Date: 10/02/2009 Time: 09:11:56 City of Lino Lakes FM Entry - Invoice Journal Name Operator: KKF Page: 2 Discount # of items Net Gross Discount Lost 001100 CIRCLE PINES POST OFFICE 1 553.52 553.52 .00 .00 007606 CLASEMAN, MATT 1 55.00 55.00 .00 .00 007700 COLLECTIVE RESOURCE, LLC 1 500.00 500.00 .00 .00 004470 COMO LUKE & SUPPLIES, INC. 3 1,726.30 1,726.30 .00 .00 000392 COMSTOCK, LISA 1 27.50 27.50 .00 .00 000502 D. THOMAS JEWELRY, INC. 1 25.00 25.00 .00 .00 001270 DALCO, INC. 1 361.02 361.02 .00 .00 003763 DECISION RESOURCES, LTC. 1 10,000.00 10,000.00 .00 .00 001301 DELTA DENTAL PLAN OF MINNESOTA 1 5,040.35 5,040.35 .00 .00 007891 DEWBERRY, YONE 1 55.00 55.00 .00 .00 007895 DUFRESNE, PATTI 1 22.50 22.50 .00 .00 001148 EGAN OIL COMPANY 1 4,005.08 4,005.08 .00 .00 007608 ENNETT, LARRY 1 45.00 45.00 .00 .00 007899 ESKIAKA, BEN 1 22.50 22.50 .00 .00 003220 FACTORY MOTOR PARTS COMPANY, INC. 2 263.05 263.05 .00 .00 l0 FARRIS, JIM 1 95.00 95.00 .00 .00 0 FIDLER, TOM 1 25.00 25.00 .00 .00 007750 FIRST CALL AUTO PARTS 15 675.95 675.95 .00 .00 001540 FORESTRY SUPPLIERS, INC. 1 99.15 99.15 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 4 98.86 98.86 .00 .00 007751 GALLS 1 329.48 329.48 .00 .00 007611 GANSKE, JEFF 1 55.00 55.00 .00 .00 007684 GLSPORTS 1 120.25 120.25 .00 .00 001709 GRAFFCO, INC. 1 14.43 14.43 .00 .00 007338 GRAMSE, ALLEN 1 27.50 27.50 .00 .00 000176 GRAYBAR ELM.. IC COMPANY, INC. 1 80.34 80.34 .00 .00 007876 GREENHALGH, TOM 1 280.00 280.00 .00 .00 • Date: 10/02/2009 Time: 09:11:57 City of Lino Lakes FM Entry - Invoice Journal Name Operator: KKF Page: 3 Discount # of items Net Gross Discount Lost 007894 GROESS, KELLY 1 45.00 45.00 .00 .00 007814 GUARDIAN SAFETY & SUPPLY 1 53.16 53.16 .00 .00 007896 GUYER, LORI 1 55.00 55.00 .00 .00 000843 HAGER, DALE 1 196.44 196.44 .00 .00 007613 HALVA, ROB 1 82.50 82.50 .00 .00 007614 HAMSKI, DAN 1 45.00 45.00 .00 .00 007879 HANEY, PAT 1 27.50 27.50 .00 .00 900559 HEALTH PARTNERS 1 52,602.24 52,602.24 .00 .00 007901 HILGER, PAT 1 60.00 60.00 .00 .00 001840 HILLESHEIM, TIM 1 311.86 311.86 .00 .00 001850 HOFFMAN, MICHAEL 1 61.07 61.07 .00 .00 001859 HOME DEPOT CREDIT SERVICES 1 572.93 572.93 .00 .00 007902 HORVAT, JIM 1 30.00 30.00 .00 .00 007889 HOVE, SUZANNE 1 27.50 27.50 .00 .00 007224 HUGO MILL 3 371.02 371.02 .00 .00 00 7 I.T.L. PATCH COMPANY, INC. 1 213.22 213.22 .00 .00 0 6 IRLBECK, BOB 1 55.00 55.00 .00 .00 000082 J. H. LARSON COMPANY, INC. 1 238.55 238.55 .00 .00 007851 JRK SEED AND TURF SUPPLY 1 880.22 880.22 .00 .00 007885 KLEBBA, STEVE 1 95.00 95.00 .00 .00 002154 KLUEGEL, PETER 1 56.08 56.08 .00 .00 007877 LARSCO, INC 1 784.15 784.15 .00 .00 007887 LARSON, ERIC 1 55.00 55.00 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 924.00 924.00 .00 .00 007617 LAWLIS, MARK 1 45.00 45.00 .00 .00 007884 LEWIS, MIKE 1 27.50 27.50 .00 .00 007701 LINCOLN NATIONAL LIFE INS CO 1 1,208.37 1,208.37 .00 .00 Date: 10/02/2009 Time: 09:11:57 Name City of Lino Lakes Operator: KKF Page: 4 FM Entry - Invoice Journal Discount # of items Net Gross Discount Lost 000765 LINDERS, DAN 1 45.00 45.00 .00 .00 007618 LINDSAY, CHAD 1 67.50 67.50 .00 .00 007299 LOVICK, DAVE 1 22.50 22.50 .00 .00 007857 MCNAMARA, DAN 1 27.50 27.50 .00 .00 003230 MECKLE, TERRY 1 22.67 22.67 .00 .00 002550 MENARDS, INC. 1 21.41 21.41 .00 .00 002570 METRO COUNCIL ENRIVONMENTAL SERVICES 1 3,960.00 3,960.00 .00 .00 002584 METRO SALES INCORPORA'T'E) 1 212.00 212.00 .00 .00 003882 MINNESOTA SHREDDING LLC 1 46.50 46.50 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 681.40 681.40 .00 .00 007897 MONSON, MISSY 1 27.50 27.50 .00 .00 003070 MTI DISTIBUTING, INC. 1 34.98 34.98 .00 .00 007339 MUNSON, DAVID 1 115.00 115.00 .00 .00 007148 NARDECCHIA, JOHN 1 50.00 50.00 .00 .00 007150 NELSON, BRIAN 1 27.50 27.50 .00 .00 007893 NELSON, ERIC 1 22.50 22.50 .00 .00 00 NEXTEL COMMUNICATIONS 1 679.12 679.12 .00 .00 000832 NOWACKI, DAVID 1 55.00 55.00 .00 .00 007878 NYBERG, LORI 1 20.00 20.00 .00 .00 007622 OAKES, ZEKE 1 45.00 45.00 .00 .00 007730 ON SITE SANITATION INC 1 620.75 620.75 .00 .00 900477 PARTS ASSOCIATES, INC. PAI 1 33.16 33.16 .00 .00 000016 PLAYPOWER LT FARMINGTON, INC. 1 351.62 351.62 .00 .00 003600 PRESS PUBLICATIONS, INC. 1 74.00 74.00 .00 .00 007776 QWEST 1 49.87 49.87 .00 .00 007696 RATWIK, ROSZAK & MALONEY, PA 1 2,850.00 2,850.00 .00 .00 007900 REINEKE, TOM 1 25.00 25.00 .00 .00 • -14- Date: 10/02/2009 Time: 09:11:57 City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: 5 Discount # Name # of items Net Gross Discount Lost 000468 RELIASTAR LIFE INSURANCE COMPANY 1 1,714.94 1,714.94 .00 .00 007890 RUTZ, SUSAN 1 45.00 45.00 .00 .00 003930 SCHLOER, PAULA 1 6.29 6.29 .00 .00 007628 SCHLUENDER, DAN 1 45.00 45.00 .00 .00 007153 SCHOEBERL, KAYLENE 1 27.50 27.50 .00 .00 007385 SHELLY, JAMES 1 380.00 380.00 .00 .00 000934 SLAGA, KATHY 1 45.00 45.00 .00 .00 007327 SMUDE, JIM 1 45.00 45.00 .00 .00 004059 SMYSER, JEFF 1 120.00 120.00 .00 .00 004788 SPRINT 1 116.91 116.91 .00 .00 004099 SRF CONSULTING GROUP, INC. 1 1,448.09 1,448.09 .00 .00 000936 ST. MICHAEL, CITY OF 2 50.00 50.00 .00 .00 003260 STANSBERRY, KAY 1 10.01 10.01 .00 .00 000365 STAPLES BUSINESS ADVANTAGE, INC. 2 260.08 260.08 .00 .00 007659 STEICHEN, SHARON 1 75.00 75.00 .00 .00 004240 STREICHER'S, INC. 7 996.94 996.94 .00 .00 041, STRUEBING, MIKE 1 45.00 45.00 .00 .00 007642 SWEENEY, BORER, & SWEENEY, P.A. 2 11,167.40 11,167.40 .00 .00 004340 T.A. SCHIFSKY AND SONS, INC. 3 7,433.87 7,433.87 .00 .00 000539 TARGET 1 116.27 116.27 .00 .00 007157 THORESON, STEVE 1 22.50 22.50 .00 .00 007682 TOUSLEY FORD, INC. 4 1,978.06 1,978.06 .00 .00 007337 TROJE, NICK 1 27.50 27.50 .00 .00 004575 UPS /UNITED PARCEL SERVICE 1 19.68 19.68 .00 .00 000970 VERIZON WIRELESS 1 981.77 981.77 .00 .00 004720 VIGER, JEAN 1 13.44 13.44 .00 .00 007882 WEHLAGE, JASON 1 22.50 22.50 .00 .00 • Date: 10/02/2009 Time: 09:11:58 City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: 6 Discount 4111r # Name # of items Net Gross Discount Lost 007505 WOOLF, TODD 1 45.00 45.00 .00 .00 007421 WRIGHT /HENNEPIN CO -OP ELECTRIC ASSOC 1 810.00 810.00 .00 .00 003240 XCEL ENERGY CENTER 1 367.00 367.00 .00 .00 003250 XCEL ENERGY 6 10,193.60 10,193.60 .00 .00 Grand Totals: 180 138,271.32 138,271.32 .00 .00* Date: 10/02/2009 Time: 09:11:58 City of Lino Lakes Operator: KKF Page: 7 FM Entry - Invoice Journal Account # Description Fiscal Debit Credit Ovlain 101 - 2040 -000 GENERAL FUND PAYROLL WITHHOLDING 10/2009 4,112.26 101 - 2041 -000 GENL FUND FLEX PLAN - HEALTH CARE PREMIUM 10/2009 9,550.42 101 - 2044 -000 GENERAL FUND FLEX PLAN - DENTAL ACCOUNT 10/2009 2,784.42 101 - 2120 -000 GENERAL FUND SAC PAYABLE 09/2009 4,000.00 101 - 3414 -000 GENERAL FUND SAC /SURCHARGE FEE 09/2009 -40.00 101 - 3416 -000 GENERAL FUND RESALE 10/2009 0.32 101 - 3422 -000 GENERAL FUND POLICE OTHER REVENUES 09/2009 32.00 101 -401- 4900 -000 MAYOR /COUNCIL MARKETING & EDUCAT 09/2009 25.00 101- 401 - 4900 -000 MAYOR /COUNCIL MARKETING & EDUCAT 10/2009 13.44 101 - 402 - 4131 -000 GENERAL ADMINISTRATION HEALTH INSURANCE 10/2009 2,261.95 101 - 402 - 4133 -000 GENERAL ADMINISTRATION LIFE INSURANCE 10/2009 88.67 101 -402- 4134 -000 GENERAL ADMINISTRATION DENTAL INSURANCE 10/2009 147.03 101 - 402 - 4321 -000 GENERAL ADMINISTRATION TELEPHONE 09/2009 134.25 101 - 406 - 4131 -000 GENERAL SENIORS HEALTH INSURANCE 10/2009 319.40 101 - 406 - 4133 -000 GENERAL SENIORS LIFE INSURANCE 10/2009 11.19 101 - 406 - 4134 -000 GENERAL SENIORS DENTAL INSURANCE 10/2009 22.97 101 - 406 - 4321 -000 GENERAL SENIORS TELEPHONE 09/2009 17.34 101 - 407- 4131 -000 GENERAL FINANCE HEALTH INSURANCE 10/2009 2,006.43 101 - 407 - 4133 -000 GENERAL FINANCE LIFE INSURANCE 10/2009 81.73 101 - 407 - 4134 -000 GENERAL FINANCE DENTAL INSURANCE 10/2009 206.45 101 - 407- 4452 -000 GENERAL FINANCE SUBSCRIPTIONS 10/2009 50.00 101 - 414 - 4301 -000 GENERAL LEGAL CONSULTANTS MUNICIPAL ATTO 10/2009 2,850.00 101 - 414 - 4303 -000 GENERAL LEGAL CONSULTANTS CRIMINAL ATTOR 10/2009 10,379.90 101 - 415- 4131 -000 ECONOMIC DEV HEALTH INSURANCE 10/2009 511.04 101- 415- 4133 -000 ECONOMIC DEVELOPMENT LIFE INSURANCE 10/2009 23.97 101- 415- 4134 -000 ECONOMIC DEVELOPMENT DENTAL INSURANCE 10/2009 36.75 101 - 416 - 4131 -000 PLANNING &ZONING HEALTH INSURANCE 10/2009 1,022.08 101 - 416 - 4133 -000 PLANNING & ZONING LIFE INSURANCE 10/2009 45.76 101- 416 - 4134 -000 PLANNING & ZONING DENTAL INSURAN 10/2009 73.50 101 - 416 - 4330 -000 PLANNING & ZONING TRAVEL /TUITION 09/2009 120.00 101 - 418 - 4131 -000 COMM DEV HEALTH INSURANCE 10/2009 383.28 •01- 418- 4133 -000 COMM DEV LIFE INSURANCE 10/2009 62.44 01_418_4134_000 COMM DEV DENTAL INSURANCE 10/2009 64.33 101 - 418 - 4321 -000 COMM DEV TELEPHONE 09/2009 17.34 101- 420 - 4131 -000 GENERAL POLICE HEALTH INSURANCE 10/2009 18,657.00 101 - 420- 4133 -000 GENERAL POLICE LIFE INSURANCE 10/2009 640.63 101 -420- 4134 -000 GENERAL POLICE DENTAL INSURANCE 10/2009 552.94 101 - 420 - 4200 -000 GENERAL POLICE OFFICE SUPPLIES 10/2009 354.28 101 -420- 4211 -000 GENERAL POLICE MAINTENANCE SUPPLIES 10/2009 53.16 101 -420- 4214 -000 GENERAL POLICE CRIME PREVENTION 10/2009 22.07 101 - 420 - 4300 -000 GENERAL POLICE PROFESSIONAL SERVICES 10/2009 10,000.00 101 - 420 - 4321 -000 GENERAL POLICE TELEPHONE 10/2009 981.77 101 - 420 - 4322 -000 GENERAL POLICE POSTAGE 10/2009 19.68 101 -420- 4330 -000 GENERAL POLICE TRAVEL /TUITION 10/2009 196.44 101 - 420 - 4370 -000 GENERAL POLICE UNIFORMS 10/2009 1,963.25 101- 420 - 4381 -000 GENERAL POLICE ELECTRICITY 10/2009 3.68 101 - 420 - 4410 -000 GENERAL POLICE CONTRACTED SERVICES 10/2009 46.50 101- 421 - 4131 -000 GENERAL FIRE HEALTH INSURANCE 10/2009 2,363.04 101 - 421- 4133 -000 GENERAL FIRE LIFE INSURANCE 10/2009 64.09 101 - 421 - 4134 -000 GENERAL FIRE DENTAL INSURANCE 10/2009 107.70 101 - 422 - 4131 -000 BUILDING INSPECTIONS HEALTH INSURANCE 10/2009 2,960.99 101- 422 - 4133 -000 BUILDING INSPECTIONS LIFE INSURANCE 10/2009 84.82 101 - 422 - 4134 -000 BUILDING INSPECT DENTAL INSURANCE 10/2009 156.22 • _17_ Date: 10/02/2009 Time: 09:11:58 City of Lino Lakes FM Entry - Invoice Journal Account # Description Fiscal Operator: KKF Page: 8 Debit Credit 101- 422 - 4321 -000 • BUILDING INSPECTIONS TELEPHONE 09/2009 159.47 101 - 422 - 4370 -000 GENERAL BUILDING INSPECTIONS UNIFORMS 09/2009 56.08 101 - 430 - 4131 -000 GENERAL STREETS HEALTH INSURANCE 10/2009 2,806.90 101 - 430 - 4133 -000 GENERAL STREETS LIFE INSURANCE 10/2009 132.72 101 - 430 - 4134 -000 GENERAL STREETS DENTAL INSURANCE 10/2009 256.05 101 - 430 - 4221 -000 GENERAL STREETS SHOP PARTS 10/2009 - 105.40 101 - 430 - 4224 -000 GENERAL STREETS PATHCHING MATERIALS 10/2009 7,433.87 101 - 430 - 4228 -000 GENERAL STREETS SALT /SAND 10/2009 65.80 101 - 430 - 4229 -000 GENERAL STREETS GRAVEL /MISC 10/2009 1,906.44 101 - 430 - 4321 -000 GENERAL STREETS TELEPHONE 09/2009 34.68 101 - 430 - 4370 -000 GENERAL STREETS UNIFORMS 10/2009 22.67 101 - 430 - 4385 -000 GENERAL STREETS STREET LIGHTS 09/2009 859.87 101 - 430 - 4385 -000 GENERAL STREETS STREET LIGHTS 10/2009 5,282.41 101 - 431 - 4131 -000 GENERAL FLEET HEALTH INSURANCE 10/2009 806.50 101 - 431 - 4133 -000 GENERAL FLEET LIFE INSURANCE 10/2009 21.25 101- 431 - 4134 -000 GENERAL FLEET DENTAL INSURANCE 10/2009 42.26 101- 431 - 4212 -000 GENERAL FLEET VEHICLE FUEL 10/2009 4,019.51 101 - 431 - 4221 -000 GENERAL FLEET SHOP PARTS 10/2009 5,004.52 101 - 431 - 4240 -000 GENERAL FLEET SMALL TOOLS 10/2009 253.75 101 - 432- 4131 -000 GOVER BUILD HEALTH INSURANCE 10/2009 511.04 101 - 432- 4133 -000 GOVER BUILD LIFE INSURANCE 10/2009 16.75 101 - 432 - 4134 -000 GOVER BUILDINGS DENTAL INSURANCE 10/2009 36.75 101 - 432- 4200 -000 GOVER BUILDINGS OFFICE SUPPLIES 10/2009 6.29 101 - 432- 4211 -000 GOVER BUILDINGS MAINTENANCE SUPPLIES 10/2009 607.57 101 - 432- 4330 -000 GOVER BUILDINGS TRAVEL 09/2009 10.01 101 - 432 - 4410 -000 GOVER BUILDINGS CONTRACTED 10/2009 141.96 101 - 450- 4131 -000 GENERAL PARKS HEALTH INSURANCE 10/2009 3,447.16 101 - 450- 4133 -000 GENERAL PARKS LIFE INSURANCE 10/2009 124.35 101 - 450- 4134 -000 GENERAL PARKS DENTAL INSURANCE 10/2009 275.91 101 - 450- 4211 -000 GENERAL PARKS MAINTENANCE SUPPLIES 10/2009 355.31 101 - 450- 4321 -000 GENERAL PARKS TELEPHONE 09/2009 271.01 101- 450- 4370 -000 GENERAL PARKS UNIFORMS 09/2009 61.07 1111101- 450- 4381 -000 GENERAL PARKS ELECTRICITY 10/2009 188.12 01- 450- 4410 -000 GENERAL PARKS CONTRACTED SERVICES 10/2009 779.75 101 - 451- 4131 -000 GENERAL RECREATION HEALTH INSURANCE 10/2009 1,616.75 101 - 451- 4133 -000 GENERAL RECREATION LIFE INSURANCE 10/2009 61.10 101 - 451- 4134 -000 GENERAL RECREATION DENTAL INSURANCE 10/2009 117.64 101 - 451- 4321 -000 GENERAL RECREATION TELEPHONE 09/2009 17.34 101 - 451- 4410 -000 GENERAL RECREATION CONTRACTED SERVICES 10/2009 53.00 101 - 461 - 4131 -000 GENERAL ENVIRONMENTAL HEALTH INSURANCE 10/2009 330.54 101 - 461 - 4133 -000 GENERAL ENVIRONMENTAL LIFE INSURANCE 10/2009 18.87 101 - 461 - 4134 -000 GENERAL ENVIRONMENTAL DENTAL INSURANCE 10/2009 12.86 101 - 461 - 4321 -000 GENERAL ENVIRONMENTAL TELEPHONE 09/2009 34.68 101 - 462 - 4131 -000 GENERAL SOLID WASTE HEALTH INSURANCE 10/2009 283.32 101 - 462 - 4133 -000 GENERAL SOLID WASTE LIFE INSURANCE 10/2009 7.28 101 - 462 - 4134 -000 GENERAL SOLID WASTE DENTAL INSURANCE 10/2009 11.03 101 - 463 - 4131 -000 GENERAL FORESTRY HEALTH INSURANCE 10/2009 330.55 101 - 463 - 4133 -000 GENERAL FORESTRY LIFE INSURANCE 10/2009 9.67 101 - 463 - 4134 -000 GENERAL FORESTRY DENTAL INSURANCE 10/2009 12.86 101 - 463 - 4211 -000 GENERAL FORESTRY MAINTENANCE SUPPLIES 10/2009 440.11 101 - 463 - 4240 -000 GENERAL FORESTRY SMALL TOOLS 10/2009 614.02 Fund Total: 120,507.94 • .00 Date: 10/02/2009 Time: 09:11:58 City of Lino Lakes Operator: KKF Page: 9 FM Entry - Invoice Journal Account # Description Fiscal Debit Credit 201- 205- 4211 -810 RECREATION MAINT SUPL CRNVL /PLAYGR 10/2009 400.00 201 - 205- 4211 -823 RECREATION MAINTENANCE SUPPLIES DAY TRIP 09/2009 367.00 201- 207- 4211 -809 RECR YOUTH INSTR MAINT SUPPL Start Smart 10/2009 120.25 201- 207- 4211 -870 MAINTENANCE SUPP SOCCER MINI CAMP 10/2009 37.00 201- 207- 4211 -872 MAINTENANCE SUPPL FLOOR HOCKEY 10/2009 37.00 201- 208 - 4211 -855 MAINT SUPP YOUTH FALL FOOTBALL 10/2009 280.00 201 - 3810 -801 RECREATION AEROBICS 10/2009 20.00 201- 3810 -855 RECREATION FOOTBALL SKILL DEVELOPMENT 10/2009 75.00 201 - 3810 -856 RECREATION YOUTH SOCCER 10/2009 2,387.50 Fund Total: 3,723.75 474 - 499 - 4304 -082 I35E INTERCHANGE OTHER MUNICIPAL ENGINEE 10/2009 1,448.09 Fund Total: 1,448.09 601 - 494 - 4131 -000 WATER OPERATING WATER HEALTH INSURANCE 10/2009 1,216.92 601 - 494 - 4133 -000 WATER OPERATING WATER LIFE INSURANCE 10/2009 44.44 601 - 494- 4134 -000 WATER OPERATING WATER DENTAL INSURANCE 10/2009 43.68 601 - 494- 4200 -000 WATER OPERATING OFFICE SUPPLIES 10/2009 500.00 601 - 494 - 4211 -000 WATER OPERATING MAINTENANCE SUPPLIES 10/2009 256.08 601 - 494 - 4215 -000 WATER OPERATING WATER METERS 10/2009 80.34 601- 494 - 4222 -000 WATER OPERATING CHEMICALS 10/2009 784.15 601 - 494 - 4321 -000 WATER OPERATING TELEPHONE 09/2009 59.52 601 - 494 - 4322 -000 WATER OPERATING POSTAGE 10/2009 276.76 601 - 494 - 4370 -000 WATER OPERATING UNIFORMS 09/2009 311.86 601 - 494 - 4370 -000 WATER OPERATING UNIFORMS 10/2009 380.00 601 - 494 - 4381 -000 WATER OPERATING ELECTRICITY 10/2009 3,183.73 601- 494 - 4382 -000 WATER OPERATING UTILITIES 09/2009 600.22 Fund Total: 7,737.70 602- 495- 4131 -000 SEWER OPERATING HEALTH INSURANCE 10/2009 1,216.93 602- 495- 4133 -000 SEWER OPERATING LIFE INSURANCE 10/2009 44.36 602- 495- 4134 -000 SEWER OPERATING SEWER DENTAL INSURANCE 10/2009 79.00 602 - 495- 4211 -000 SEWER OPERATING MAINTENANCE SUPPLIES 10/2009 203.70 602 - 495- 4321 -000 SEWER OPERATING TELEPHONE 09/2009 50.40 602 - 495- 4322 -000 SEWER OPERATING POSTAGE 10/2009 276.76 602 - 495- 4381 -000 SEWER OPERATING ELECTRICITY 10/2009 1,535.66 602 - 495- 4382 -000 SEWER OPERATING UTILITIES 09/2009 239.32 Fund Total: 3,646.13 801- 2022 -000 CONTRACTOR'S DEPOSITS POLICE FORFEITURES 09/2009 30.00 801- 2022 -000 CONTRACTOR'S DEPOSITS POLICE FORFEITURES 10/2009 787.50 801 - 2023 -000 CONTRACTOR'S DEPOSITS POLICE DRUG FORFEI 10/2009 390.21 Fund Total: 1,207.71 • .00 .00 .00 .00 .00 Date: 10/02/2009 Time: 09:11:58 City of Lino Lakes FM Entry - Invoice Journal Account # Operator: KKF Page: 10 Description Fiscal Debit Credit • Control A/P Grand Totals: Control Grand Totals: 138,271.32 .00 .00 .00 101 - 2020 -000 GENERAL FUND ACCOUNTS PAYABLE 10/2009 114,697.80 101 - 2020 -000 GENERAL FUND ACCOUNTS PAYABLE 09/2009 5,810.14 201 - 2020 -000 RECREATION ACCOUNTS PAYABLE 10/2009 3,356.75 201- 2020 -000 RECREATION ACCOUNTS PAYABLE 09/2009 367.00 474 - 2020 -000 I35E INTERCHANGE PROJECT ACCTS PAY 10/2009 1,448.09 601 - 2020 -000 WATER OPERATING ACCOUNTS PAYABLE 09/2009 971.60 601 - 2020 -000 WATER OPERATING ACCOUNTS PAYABLE 10/2009 6,766.10 602 - 2020 -000 SEWER OPERATING ACCOUNTS PAYABLE 09/2009 289.72 602 - 2020 -000 SEWER OPERATING ACCOUNTS PAYABLE 10/2009 3,356.41 801- 2020 -000 CONTRACTOR'S DEPOSITS ACCOUNTS PAYABLE 09/2009 30.00 801 - 2020 -000 CONTRACTOR'S DEPOSITS ACCOUNTS PAYABLE 10/2009 1,177.71 A/P Grand Totals: .00 138,271.32 Discount Manual Checks - Cash • Discount Grand Totals: -20- Cash Grand Totals: .00 .00 .00 .00 • • 10/05/2009 15:09 FAX 763 785 2859 CITY OF CIRCLE PINES Z001/001 CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1 Check Issue Dates: 10/1/2009 - 10/5/2009 Oct 05, 2009 12:26PM Report Criteria: Report type: Summary GL Check Check Vendor Period Issue Date Number Number Payee 10/09 10/05/2009 3981 10850 10/09 10/05/2009 3982 11565 10/09 10/05/2009 3983 20350 10/09 10/05/2009 3984 30485 10/09 10/05/2009 3985 30490 10/09 10/05/2009 3986 31008 10/09 10/05/2009 3987 50120 10/09 10/05/2009 3988 60025 10/09 10/05/2009 3989 60650 10/09 10/05/2009 3990 70010 10/09 10/05/2009 3991 130290 10/09 10/05/2009 3992 130850 10/09 10/05/2009 3993 160050 10/09 10/05/2009 3994 170180 10/09 10/05/2009 3995 190350 10/09 10/05/2009 3996 200150 10/09 10/05/2009 3997 260050 Grand Totals: ANOKA COUNTY TREAS ASPEN MILLS JOE BIBEAU CENTER MART CENTERPOINT ENERGY COMCAST EMERGENCY APPARATU F.I.R.E., INC FRATTALLONE'S HARDW GARY FISCHLER & ASSO MnFIAM BOOK SALES MSFCA PAETEC QWEST SENTRY SYSTEMS, INC THOMAS MOTORS, INC TRACY ZAREMBINSKI Description SAFETY CAMP UNIFORM BLDG MTC FUEL STATION 2 GAS INTERNET CENTERVILLE STATI TANKER 21 CERT TRAINING SUPPLIES PSYCHOLOGICAL EVALUATION TRAINING BOOKS CONFERENCE/BRUDER PHONES STATION 2 PHONE EXPENSE MONITORING STATION 1 04 F150 REPAIR FIRE PREVENTION SUPPLIES Check Amount 100.00 680.44 36.00 235.98 54.93 94.00 1,047.55 400.00 44.09 425.00 359.10 30.00 414.50 55.70 82.56 1,329.97 124.02 5,513.84 M = Manual Check, V = Void Check STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 1 B(i) Julie Bartell, City Clerk October 12, 2009 Consider Approving Application for Exempt Permit from Lawful Gambling License (Bingo), St. Joseph Catholic Church Simple Majority (3/5 Vote) St. Joseph Catholic Church has applied for an exempt permit to conduct its annual "Turkey Bingo" event which helps fund Thanksgiving food baskets. The event is scheduled for November 22, 2009. Non - profit organizations are allowed, under the State Gambling Statutes, to apply for an exemption from a gambling license if they conduct five (5) or fewer gambling occasions per calendar year. St. Joseph Catholic Church conducts five (5) or Tess per calendar and, therefore, remains exempt from requiring a gambling license. Minnesota Statutes, Chapter 349, Section 349.166, Subd. 2 does, however, require that the non - profit organizations applying for the exemption permit notify the city that they are applying for the exemption and receive local approval. The city is allowed to request a 30 day waiting period as part of its approval. However, given the schedule for this event and the requirement to forward the permit to the state for review, staff requests that the council approve the request with no waiting period. The application is on file in City Clerk's office. OPTIONS: 1. Adopt a motion approving the application for exemption with no waiting period 2. Deny the application for exemption. RECOMMENDATION: Option No. 1 • • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: AGENDA ITEM 1B(ii) Julie Bartell, City Clerk October 12, 2009 Consider Approving Application for Exempt Permit from Lawful Gambling License (Raffle), St. Joseph Catholic Church Simple Majority (3/5 Vote) BACKGROUND: St. Joseph Catholic Church has applied for an exempt permit to conduct a raffle to be held on November 24, 2009. The proceeds from this fundraising event will be used to award college scholarships to members of St. Joseph Catholic Church. Non - profit organizations are allowed, under the State Gambling Statutes, to apply for an exemption from a gambling license if they conduct five (5) or fewer gambling occasions per calendar year. St. Joseph Catholic Church conducts five (5) or Tess per calendar and, therefore, remains exempt from requiring a gambling license. Minnesota Statutes, Chapter 349, Section 349.166, Subd. 2 does, however, require that the non - profit organizations applying for the exemption permit notify the city that they are applying for the exemption and that local approval be received. The city is allowed to request a 30 day waiting period as part of its approval. However, given the schedule for this event and the requirement to get the permit to the state for review, staff requests that the council approve the request with no waiting period. The application is on file in City Clerk's office. OPTIONS: 1. Adopt a motion approving the application for exemption with no waiting period 2. Deny the application for exemption. RECOMMENDATION: Option No. 1 • AGENDA ITEM 3A STAFF ORIGINATOR: Dan Tesch, Director of Administration/ Acting C.A. MEETING DATE: 12 October 2009 TOPIC: Church Lease at the Lino Lakes Senior Center VOTE REQUIRED: 3/5 BACKGROUND The Lino Lakes Seniors have been approached by the Chain of Lakes New Church Development with regard to holding Sunday services in the Senior Center. The proposal is a 12 month lease, with $700.00 a month going to the Lino Lakes Seniors. III RECOMMENDATION Approve the lease agreement. ATTACHMENTS Lease • LEASE AGREEMENT This Lease Agreement (hereinafter "Lease ") is entered into by and between the City of Lino Lakes (hereinafter "Landlord "), and Presbytery of the Twin Cities Area, DBA — Chain of Lakes New Church Development (hereinafter "Tenant "). 1. LEASED PREMISES. In consideration of the duties and covenants contained in this Lease, the Landlord hereby leases the Lino Lakes Senior Center (exception of Senior Center storeage areas and mechanical rooms) in the building located at 1189 Main Street, Lino Lakes, Minnesota (hereinafter "Leased Premises ") to Tenant for its nonexclusive use. Tenant will also have reasonable and nonexclusive use of the main entry and exit to the Leased Premises. Additionally, Tenant will have reasonable and nonexclusive use of the parking lot adjacent to the Leased Premises. 2. LEASE TERM. This Lease is for a term of one year, commencing on 1 October, 2009, unless early termination occurs as provided below. By mutual written agreement, the Landlord and Tenant may renew this Lease for an additional period of time. 3. RENT. Tenant shall pay to Landlord as rent for the Leased Premises the amount of Seven Hundred ($700.00) Dollars on or before the first day of each month during the term of this Lease. If Landlord does not receive rent by the fifth day of the month, Tenant shall pay Landlord a $ Twenty Five ($25.00) Dollar late fee as additional rent. 4. SECURITY DEPOSIT. On or before the commencement date of this Lease, Tenant shall pay Landlord Seven Hundred ($700.00) Dollars as a security deposit. Landlord may use the security deposit to cover Tenant's failure to pay rent and/or to return the Leased Premises to its condition at the start of the tenancy except for ordinary wear and tear and any agreed -upon improvements. Within 21 days after the tenancy ends, Landlord shall return the full security deposit or send a letter explaining why all or a portion of the security deposit was withheld. 5. EARLY TERMINATION. If either party breaches any of its duties or covenants under this Lease Agreement and fails to cure the same within thirty (30) calendar days after receipt of written notice of the breach by the other party, the non - breaching party may terminate this Lease Agreement immediately. 6. SURRENDER. Upon termination of this Lease, Tenant will promptly and peaceably surrender the Leased Premises to Landlord in substantially the same condition existing on the commencement date of the Lease, but with ordinary and reasonable use, damage, and wear and tear expected. Tenant shall not remove any fixtures that belong to Landlord and which are attached to the Leased Premises, unless Landlord has provided written consent. Landlord shall not disturb Tenant's personal property and shall allow • • • • Tenant a reasonable period of time to remove all personal property from the Leased Premises. • • 7. USE OF LEASED PREMISES. a.) Tenant's use of the Leased Premises is restricted to that of a church facility, including all typical uses associated therewith that are necessary to carry out Tenant's functions. Tenant must obtain written permission from Landlord to modify or alter its use of the Leased Premises. b.) Tenant agrees to abide by all federal, state and local laws, rules and regulations applicable to the Leased Premises and Tenant's use. No smoking is allowed anywhere in the Leased Premises. c.) Tenant shall use reasonable care in its use of the Leased Premises and shall observe reasonable precautions to avoid damage to the Leased Premises. Tenant shall not use the Leased Premises in any manner that poses an unnecessary hazard to the Leased Premises or its occupants. Tenant shall be responsible for any damages to the Leased Premises relating to or arising out of Tenant's use of the Leased Premises. d.) Tenant shall make no permanent alterations, additions, or changes in the Leased Premises, including the installation of fixtures, without the prior written consent of Landlord. All alterations, additions, and improvements which may be made or installed by Tenant upon the Leased Premises and which are permanently attached to the floors, walls or ceilings shall remain upon and be surrendered with the Leased Premises as a part thereof, without damage or injury beyond normal wear and tear. Furniture and instructional or decorative equipment and materials which are not permanently attached to the floor, walls or ceilings of the Leased Premises, remain the property of the Tenant. e.) Tenant agrees to keep the interior of the Leased Premises in a reasonably clean and sanitary condition. 8. FURNISHINGS AND EQUIPMENT. Tenant is responsible for providing, at its sole expense, all furniture and equipment necessary for its use of the Leased Premises. Such furniture and equipment shall remain Tenant's property. 9. SIGNAGE. The Tenant shall not erect or display any permanent signs of any kind on the exterior of the Leased Premises. A temporary sign publicizing times of worship may be displayed on Saturday(s) and Sunday(s) and the day of any weekday Lease Agreement Page 2 of 5 event. No religious signage or symbols may be placed in the hall way or vestibule of the building. 10. UTILITIES. During the term of this Lease, the Landlord will furnish ordinary utilities, including water, sewer, natural gas, and electricity for the Leased Premises. Tenant agrees to observe reasonable precautions to prevent waste of heat, electricity, water, air conditioning and any other utility or service provided to the Leased Premises. The Landlord will not be liable for any loss or damage resulting from any variation, interruption, or failure of any utilities due to any causes beyond the Landlord's reasonable control. 11. GARBAGE. The Landlord will also provide for garbage collection. Tenant may not use the Landlord's garbage removal service to improperly dispose of any materials not suitable for ordinary refuse collection. 12. MAINTENANCE. a.) Landlord shall maintain the exterior of the Leased Premises, including the parking lots, driveway and all exterior lighting. Landlord shall also maintain the HVAC, plumbing and electrical systems that are building - wide. b.) Tenant shall maintain the interior of the Leased Premises, including routine maintenance. The Leased Premises shall be kept reasonably clean. Any damage to the walls, ceilings, light fixtures, thermostats, plumbing, the security system or other elements of the Leased Premises that is not a result of the ordinary wear and tear shall be paid for by Tenant. c.) Landlord has the right to conduct routine inspections of the Leased Premises. Landlord shall provide prior verbal notice before entering the Leased Premises, unless emergency circumstances require immediate access. 13. INDEMNIFICATION. Tenant shall be solely responsible for any injury that arises out of or relates to Tenant's use of the Leased Premises. Tenant agrees to indemnify, defend, and hold harmless the Landlord, its officers, agents, and employees from and against any and all liabilities, damages, costs, expenses (including all attorney's fees and expenses), causes of actions, suits, claims, demands, or judgments of any nature, including subrogation claims, arising out of or relating to Tenant's use or occupancy of the Leased Premises. This clause does not include claims arising out of the intentional misconduct of the Landlord's officers, agents, or employees. Lease Agreement Page 3 of 5 • • • • • • 14. INSURANCE. Tenant shall, at is sole cost and expense, obtain a general liability insurance policy against claims for personal injury, death, property damage or violation of constitutional or statutory rights occurring in connection with the use and occupancy of the Leased Premises by Tenant. The policy shall cover the Leased Premises as well as all personal property, equipment or materials that are carried into or used in the Leased Premises. Said policy must have limits of not less than $1,000,000 combined single limit, and obtained from an insurance carrier licensed to do business in the State of Minnesota. Landlord must be named in said insurance policy as an additional insured, and Landlord must receive a Certificate of Insurance prior to commencement of the term of this Lease. The insurance policy may not be cancelled or revised without 30 -days written notice to Landlord. 15. NO PARTNERSHIP, AGENCY, OR JOINT VENTURE. Nothing is this Lease shall be construed to create a partnership, joint venture, or agency relationship between the parties. Neither party to this Lease is granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf of or in the name of the other party, or to bind the other party in any manner or thing whatsoever except in accordance with the terms and conditions of this Lease. 16. NOTICES. All notices required to be given by one party to another party under this Lease shall be in writing. Notices shall be personally delivered or sent by mail. All notices required to be provided on a specific day or date shall be considered timely if postmarked on or before that date. 17. ASSIGNMENT AND SUBLETTING. Tenant may not assign, sublet, or transfer any rights or obligations under this Agreement without prior written approval from the Landlord. 18. NO WAIVER OF COVENANTS. The failure of either party in one or more instances to insist upon performance of any of the terms, covenants, or conditions of this Lease shall not be construed as a waiver or relinquishment of rights to enforce such term, covenant, or condition. 19. CHOICE OF LAW. This Lease shall be governed and interpreted pursuant to the laws of Minnesota. The parties agree that the general rule of law construing provisions against the drafter shall not apply to either party in the interpretation of this Lease. 20. ENTIRE AGREEMENT. This Lease constitutes the entire agreement between the parties. Except as expressly stated in this Lease, no party has relied on any statement, promise, inducement, or representation of the other. This Lease supersedes any and all prior statements and agreements between the parties relating to the subject matter Lease Agreement Page 4 of 5 addressed in this Lease. No variations, modifications, or waivers of any provision of this Agreement shall be valid unless both parties agree to the change in writing. IN WITNESS WHEREOF, the undersigned parties have caused this Lease Agreement to be signed on their behalf intending to be bound thereby as of the latest date set forth below. LANDLORD: CITY OF LINO LAKES By: Date: Its: By: Date: Its: TENANT: By: Date: Its: RRM: 134938 Lease Agreement Page 5 of 5 • • • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: AGENDA ITEM 6A -i Mary Alice Divine October 12, 2009 Second Reading: Ordinance No. 07 -09 Imposing a Tax Upon Lodging 3/5 BACKGROUND The City of Lino Lakes has been asked to participate in a new convention and visitors bureau (CVB) called Minnesota Metro North Tourism. This CVB is for the purpose of marketing and promoting the participating cities, which will include Coon Rapids, Blaine, Anoka, Shoreview, Fridley, Ham Lake, New Brighton, Lino Lakes and Mounds View. The funding for CVBs comes from a 3% lodging tax that is collected from lodging properties in the participating communities. Under Minnesota Statutes 469.190, 95% of the funds collected via this tax are passed on to the CVB for the purpose of marketing and promoting the city or town as a tourist or convention center, and the remaining 5% is retained by the city to cover administrative expenses. Both hotels in Lino Lakes have requested that the city impose the lodging tax and participate in the CVB. The ordinance outlines the requirements for the collection of the tax and the process for administration of the tax. If approved the lodging tax would become effective on January 1, 2010. RECOMMENDATION Staff is recommending approval of the second reading of Ordinance No. 07 -09 authorizing the imposition of a lodging tax in Lino Lakes to be effective January 1, 2010, ATTACHMENTS 1. Ordinance No. 07 -09 2. Letter of Support from Hampton Inn & Suites 3. Letter of Support from Country Inn & Suites • 1st Reading: Publication: 2 "d Reading: Effective: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 07 -09 AN ORDINANCE CREATING CHAPTER 607 OF THE CITY CODE RELATING TO TAX IMPOSED UPON LODGING • The City Council of the City of Lino Lakes does hereby ordain as follows: Section 607.1. PURPOSE. The Legislature has authorized the imposition of a tax upon lodging at the hotel, motel, rooming house, tourist court or other use of space by a transient; and The imposition of such a tax would provide funding for a convention and tourism bureau to promote the City as a tourist and convention center. Section 607.2. DEFINITIONS. As used in this Chapter, the following words and terms shall have the meaning as stated: 1. The term "Director" means the Finance Director of the City. 2. The term "City" means the City of Lino Lakes. 3. The term "lodging" means the furnishing for a consideration of lodging by a hotel, motel, rooming house, tourist court, resort, bed and breakfast, private campground except where lodging shall be for a continuous period of thirty (30) days or more to the same lodger(s). The furnishing of rooms owned by religious, educational or nonprofit organizations for self - sponsored activities shall not constitute "lodging" for purposes of this article. • • • 4. The term "Operator" means the person who provides lodging to others or any officer, agent or employee of such person. 5. The term "Person" means any individual, firm, corporation, partnership, association, estate, trustee, executor, administrator, assignee, syndicate, lessee, or receiver or any other combination of individuals. Whenever the term "person" is used in any provision of this chapter prescribing and imposing a penalty, the term as applied to a corporation, association, or partnership shall mean the officers, or partners thereof as the case may be. 6. The term "rent" means the Gross Receipts from the furnishing of lodging. 7. The term "Lodger" means the person obtaining lodging from an operator. 8. The term "Lodging Tax" means a tax imposed by the City of three percent (3 %) of the gross receipts from the furnishing for consideration of lodging. Section 607.3 IMPOSITION OF LODGING TAX. Pursuant to M.S.A. § 469.190, there is hereby imposed a three percent (3 %) lodging tax on the gross receipts from the furnishing for consideration of lodging within the City of Lino Lakes on or after January 1, 2010. The lodging tax shall be stated and charged separately and shall be collected by the operator from the lodger. The tax collected by the operator shall be a debt owed by the operator to the City and shall be extinguished only by payment to the City. In no case shall the lodging tax imposed by this section upon an operator exceed the amount of lodging tax that the operator is authorized and required by this chapter to collect from the lodger. Section 607.4 COLLECTIONS. Each operator shall collect the tax imposed by this chapter at the time the rent is paid. The tax collections shall be deemed to be held in trust by the operator for the City. The amount of tax shall be separately stated from the rent charged for the lodging. Section 607.5. ADVERTISING NO LODGING TAX. It shall be unlawful for any operator to advertise or hold out or state to the public or any customer, directly or indirectly, that the lodging tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent or that, if added, it or any part thereof will be refunded. In computing the tax to be collected, amounts of tax less than one cent shall be considered an additional cent. Section 607.6 PAYMENT AND RETURNS. The taxes imposed by this chapter shall be paid by the operator to the city monthly not later than 25 days after the end of the month in which the taxes were collected. At the time of payment, the operator shall submit a return upon such forms and containing such information as the director may require. At the minimum, the return shall contain the following information: A. The total amount of rent collected for lodging during the period • covered by the return; • • B. The amount of lodging tax required to be collected and due for the period; C. The signature of the person filing the return or that of his/her agent duly authorized in writing; D. The period covered by the return; F. The amount of uncollectible rental charges subject to the lodging tax. The operator may offset against the lodging taxes payable with respect to any reporting period, the amount of taxes imposed by this chapter previously paid as a result of any transaction the consideration for which became uncollectible during such reporting period, but only in proportion to the portion of such consideration which became uncollectible. Section 607.7 EXAMINATION OF RETURN, ADJUSTMENTS, NOTICES AND DEMANDS. The director may rely upon the Minnesota sales tax return filed by the operator with the State of Minnesota in determining the accuracy of a return filed under this ordinanc however, the director shall be authorized to make any investigation or examination of the records and accounts of the person making the return if the director reasonably determines that such steps are necessary for determining the correctness of the return. The lodging tax computed on the basis of such examination shall be the lodging tax due. If the lodging tax due is found to be greater than that paid, such excess shall be paid to the City within ten (10) days after receipt of a notice thereof given either personally or sent by registered mail to the address shown on the return. If the lodging tax paid is greater than the lodging tax found to be due, the excess shall be refunded to the person who paid the lodging tax to the city within ten (10) days after determination of such refund. Section 607.8 REFUNDS Any person may apply to the director for a refund of taxes paid for a prescribed period in excess of the amount legally due for that period, provided that no application for refund shall be considered unless filed within one year after such tax was paid, or within one year from the filing of the return, whichever period is the longer. The director shall examine the claim and make and file written findings thereon denying or allowing the claim in whole or in part and shall mail a notice thereof by registered mail to such person at the address stated upon the return. If such claim is allowed in whole or in part, the director shall credit the amount of the allowance against any taxes due under this chapter from the claimant and the balance of said allowance, if any, shall be paid by the director to the claimant. Section 607.9. FAILURE TO FILE RETURN. Subd. 1 The director shall notify any operator of a facility who fails to file a return or who files an incorrect, false or fraudulent return of such fact. Such operator shall file such return or corrected return within five (5) days of the receipt of such written • notice and pay any lodging tax due thereon. If such persons shall fail to file such return or corrected return, the director shall make a return or corrected return for such person from such knowledge and information as the director can obtain, and assess the lodging tax due on the basis thereof, which said lodging tax shall be paid within five (5) days of the receipt of written notice and demand for such payment. Any such return or assessment made by the director shall be prima facie correct and valid, and such person shall have the burden of establishing its incorrectness or invalidity in any action or proceeding in respect thereto. Subd. 2 If any portion of a tax imposed by this chapter, including penalties thereon, is not paid within 30 days after is required to be paid, the City Attorney may institute such legal action as may be necessary to recover the amount due plus interest, penalties, the costs and disbursements of any action. Subd. 3 Upon a showing of good cause, the director may grant an operator one 30 (30) day extension of time within which to file a return and make payment of taxes as required by this chapter provided that interest during such period of extension shall be added to the taxes due at the rate of 10 percent per annum. Section 607.10 PENALTIES. Subd. 1. Calculated Penalty. The following penalties shall apply in the given situations: A. Failure to file a return or pay lodging tax to the City within thirty (30) days of the due date: a penalty of ten percent (10 %) of the unpaid lodging tax. B. Failure to file a return or pay lodging tax imposed by the City by more than thirty (30) days but less than sixty (60) days of the due date: a penalty of fifteen percent (15 %) of the unpaid lodging tax. C. Failure to file a return or pay lodging tax imposed by the City by more than sixty (60) days but less than ninety (90) days of the due date: a penalty of twenty percent (20 %) of the unpaid lodging tax. D. Failure to file a return or pay lodging tax imposed by the City by more than ninety (90) days of the due date: a penalty of twenty -five percent (25 %) of the unpaid lodging tax. Subd. 2. Minimum Penalty. If the penalty as computed does not exceed Ten Dollars ($10.00), a minimum penalty of Ten Dollars ($10.00) shall be assessed. The penalty shall be collected in the same manner as the lodging tax. • Subd. 3. Interest. The amount of lodging tax not timely paid, together with any penalty, shall bear interest at the rate of eight percent (8 %) per annum from the time such lodging tax should have been paid until paid. Any interest and penalty shall be added to the lodging tax and be collected as part thereof. Section 607.11 APPLICATION OF PAYMENTS. All payments shall be credited first to penalties, next to interest and then to the lodging tax due. Section 607.12 ENFORCEMENT. If any portion of the lodging tax imposed by the city, including penalties thereon, is not paid within thirty (30) days after it is required to be paid, the City Attorney may institute legal action as may be necessary to recover the amount due plus interest penalties, the costs and disbursement of any action. Section 607.13 ADMINISTRATION OF LODGING TAX. The director is authorized to confer with the Minnesota commissioner of revenue to the end that an agreement between the City and the commissioner of revenue may be entered into for the purpose of providing for the administration and collection of the taxes imposed by this chapter. Such an agreement shall not become effective until presented to the council for its approval and when so approved the tax imposed by this chapter shall be collected and administered pursuant to the terms of said agreement. Section 607.14 EXAMINATION OF RECORDS. The director and those persons acting on behalf of the director authorized in writing by the director may examine the books, papers, and records of any operator of a facility subject to the lodging tax • imposed by the city in order to verify the accuracy of any return made, or if no return was made, to ascertain the lodging tax imposed by the city through this ordinance. Every such operator is directed and required to give the director the means, facilities and opportunity for such examination and investigations as are hereby authorized. Section 607.15 VIOLATIONS. Any person who shall willfully fail to make a return required by this chapter, or who shall fail to pay the tax after written demand for payment, or who shall fail to remit the taxes collected or any penalty or interest imposed by this chapter after written demand for such payment or who shall refuse to permit the director or any duly authorized agents or employees to examine the books, records and papers under his or her control, or who shall willfully make any incomplete, false or fraudulent return shall be guilty of a misdemeanor. • Section 607.16 APPEAL Subd. 1 Any operator aggrieved by any notice, order or determination made by the director under this ordinance may file with the director a petition for review of such notice, order or determination detailing the operator's reasons for contesting the notice, order or determination. The petition shall contain the name of the petitioner, the petitioner's address and location of the lodging subject to the order, notice or determination. Subd. 2 The petition for review shall be filed with the city clerk within ten (10) days after the notice, order or determination for which review is sought has been mailed or served upon the person requesting review. • • Subd. 3 Upon receipt of the petition, the City Administrator, or his designee, shall set a date for a hearing and shall give the petitioner at least five (5) days prior written notice of the date, time and place of such hearing. Subd. 4 At the hearing, the petitioner shall be given an opportunity to show cause why the notice, order or determination should be modified or withdrawn. The hearing shall be conducted by the City Administrator or his designee, provided only that the person conducting the hearing shall not have participated in the drafting of the order, notice or determination for which the review is sought. The person conducting the hearing shall make written findings of fact and conclusions based upon the applicable sections of this chapter and evidence presented. The person conducting the hearing may affirm, reverse or modify the notice, order or determination made by the director. Subd. 5. Any decision rendered by the City Administrator pursuant to this subdivision may be appealed to the City Council. A petitioner seeking to appeal a decision must file a written notice of appeal with the City Clerk within ten (10) days after the decision has been mailed to the petitioner. The matter will thereup9on be placed on the council agenda as soon as is practical. The City Council shall make written findings of fact and conclusions based upon this ordinance and the evidence presented. The City Council may modify, reverse or affirm the notice, or order or determination that is subject to the review. All requests for review must be made within one (1) year of the date of notice, order or determination. Section 607.17. USE OF PROCEEDS. The Ninety -five (95) percent of the gross proceeds obtained from the collection of lodging taxes shall be used by the City in accordance with Minnesota Statutes 469.190 as the same may be amended from time to time to fund a local convention or tourism bureau for the purpose of marketing and promoting the city as a tourist or convention center. Section 607.18 EFFECTIVE DATE. The lodging tax imposed by this ordinance shall apply to all lodging furnished on or after January 1, 2010. John Bergeson, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2009. • 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. • • 09/15/2009 21:39 FAX 7634133202 leiLUNG Lake; HarrO irW & 5U1%3 BORIS -UREKB 579 Apct Grir_, LEkes. MN 55014 x001 tail 763.745.7999 fax 753• 746.9409 9/15/09 To: Lino Lakes City Council Members From: Lino Lakes Hampton Inn & Suites As of January which 1, 2010 there is Ilan fora new Convention and Visitors BureaU tp be formed is the are interested local area which woWd include the Oty of Lino Lakes. have � �� Inn U �I� � Council in becoming a member of this new CVB and need tax from all guesl5 that visa in order to proceed. As of January 1, 2010 we will start collecting a lodging x f from l gu the IF our property and the tax will be submitted to the City of Lino Lakes. The city rte this CVs will as well as other hotels within the city. Being a part tax from a� property event group blocks dmevtiy from ply affect our �, as we will now be able to acquire sporting the National Sports Center. which up urn this paint we have end been approval e of the Lino Lakes Cry we are not a part of the current CO. i am as3dn9 � � support with n� CVB. Council to pass the ordinance in order for us to proceed Thank you for your time and consideration. Sneer*, Barbara White Hampton Inn & Suites foc reservation please...emit us at Wstrw. sa _corn or call 1.aoo.hamP°rs • • • 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. • Ce- September 23, 2009 To Whom It May Concern, This letter is to confirm our support of the new 3% lodging tax increase for the City of Lino Lakes MN to form the new Convention and Visitors Bureau /Tourism Bureau in the Lino Lakes area. The Country Inn & Suites Lino Lakes would be in full support of this forming and • will be an active participant in this CVB. If you have any questions, I can be reached at 763.746.9500 x 405 or via email at ahallaway @brutgerequities.com. Regards, Angie .7-CarCaway Angie Hallaway General Manager • 725 Town Center Parkway — Lino Lakes — M N 55014 Phone 763.746.9500 — Fax 763.746.9501 www.countryinns.com /linolakesmn • AGENDA ITEM 6A - ii STAFF ORIGINATOR: Mary Alice Divine MEETING DATE: October 12, 2009 TOPIC: Consider Resolution No. 09 -85 Summary Ordinance for Publication VOTE REQUIRED: 4/5 BACKGROUND The city council approved the first reading of Ordinance No. 07 -09 on September 28, 2009. This is the second reading. The ordinance imposes a Lodging Tax in Lino Lakes. One adopted, all ordinances must be published in the official newspaper. However, state statute allows the city by a 4/5 vote to publish a summary of an ordinance as long as the summary clearly informs the public of the intent and effect of the ordinance. This saves on publication costs. Resolution No. 09 -85 approves a summary of the ordinance. • The City Charter requires that all ordinances be read in full unless the reading is dispensed with by unanimous consent of the city council. OPTIONS 1. Dispense with reading the ordinance in full (unanimous vote needed.) 2. Approve Resolution No. 09 -85 Approving a summary publication of the ordinance. (4/5 vote needed.) 3. Return to staff with direction. RECOMMENDATION Options 1 and 2. ATTACHMENTS 1. Resolution No. 09 -85 2. Summary Ordinance No. 07 -09 • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09 -85 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 07 -09 FOR PUBLICATION WHEREAS, the City Council has approved first and second reading of Ordinance No. 07 -09, creating chapter 607 of the city code relating to a tax imposed upon lodging; and WHEREAS, Ordinance No. 07 -09 is lengthy and MN Statute 412.191 provides for a city to publish a summary of an ordinance, and WHEREAS, the City Council determines that the summary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall, III 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 12th day of October 2009. • John J. Bergeson, Mayor ATTEST: 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 09 -85 • • CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 07 -09 AN ORDINANCE Creating Chapter 607 of the City Code Relating to a Tax Imposed upon Lodging The purpose of creating Chapter 607 of the City Code is to authorize the imposition of a tax upon lodging to provide funding for a convention and tourism bureau to promote the city as a tourist and convention center. Section 607.3 Imposition of a Lodging Tax. Pursuant to M.S.A. § 469.190, there is hereby imposed a three percent (3 %) lodging tax on the gross receipts from the furnishing for consideration of lodging within the City of Lino Lakes on or after January 1, 2010. Section 607.17 Use of Proceeds. The ninety -five (95) percent of the gross proceeds obtained from the collection of lodging taxes shall be used by the City in accordance with M.S.A. § 469.190 as the same may be amended from time to time to fund a local convention or tourism bureau for the purpose of marketing the City as a tourist or convention center. Passed by the Lino Lakes City Council on October 12, 2009. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. • AGENDA ITEM 6B — i -ii -iii STAFF ORIGINATOR: Mary Alice Divine MEETING DATE: October 12, 2009 TOPIC: i. Consider Resolution No. 09 -86 Approving Bylaws, Minnesota Metro North Tourism ii. Consider Resolution No. 09 -87 Approving Articles of Incorporation, Minnesota Metro North Tourism iii. Consider Resolution No. 09 -88 Approving Joint Powers Agreement, Minnesota Metro North Tourism VOTE REQUIRED: 3/5 BACKGROUND Over the past several months the cities of Anoka, Blaine, Coon Rapids, Fridley, Ham Lake, Mounds View and Shoreview have all opted out of a convention and tourism bureau called Visit Minneapolis North in favor of beginning a new convention and visitors bureau called Minnesota Metro North Tourism. The Cities of Lino Lakes and New Brighton have also been • invited to participate, and the two Lino Lakes hotels have requested that the city support it. Resolution No. 09 -86 approves the bylaws of Minnesota Metro North Tourism establishing the board of directors, which would be structured according to the amount of lodging fee contributions each city generated the previous year. Based on the amount of revenue the two hotels in Lino Lakes generates, it is estimated Lino Lakes contribution will be in the range of $40,000, or about 6% of the combined city contributions. Lino Lakes will be allowed one board member based on that revenue and it is to be an elected or appointed city representative. The bylaws state that a second board member shall be from the city's lodging industry, and any additional shall be at the member city's discretion. The board will select four at large members, of which two will represent the lodging industry and two will represent member cities. The National Sports Center in Blaine will be provided a non - voting position on the board. Resolution No. 09 -87 approves the Articles of Incorporation recognizing it as a nonprofit corporation with the purpose of promoting and marketing tourism in the northern twin cities, with the management of the corporation vested in a board of directors. Resolution No. 09 -88 approves the Joint Powers Agreement which goes into effect January 1 2010 and may be terminated after two years by mutual agreement. It spells out the services of the tourism bureau, including informational services about the city, presentations, websites, maps and guides and representation at trade shows and conventions. The City Council should also, at its discretion, appoint a city representative to serve on the board of directors representing Lino Lakes. • OPTIONS 0 1. Approve Resolutions No. 09 -86, No. 09 -87 and 09 -88, Approving the Bylaws, Articles of Incorporation and Joint Powers Agreement, Minnesota North Metro Tourism 2. Return Resolutions to staff with direction. 3. Appoint a city representative to serve on the board of directors. RECOMMENDATION Option 1 and 3 ATTACHMENTS Resolution No. 09 -86 Resolution No. 09 -87 Resolution No. 09 -88 Attachment A: Bylaws Attachment B: Articles of Incorporation Attachment C: Joint Powers Agreement • • • Council Member introduced the following resolution and moved its adoption: • • CITY OF LINO LAKES RESOLUTION NO. 09 -86 RESOLUTION APPROVING BYLAWS OF MINNESOTA METRO NORTH TOURISM WHEREAS, the City of Lino Lakes has enacted a tax on lodging within the City to fund a convention and visitors bureau in accordance with Minnesota Statutes Section 469.190. WHEREAS, Minnesota Metro North Tourism (The Bureau) has the staff ,facility and experience to carry out the objectives of promoting the City as a tourist and convention center. WHEREAS, the general purposes of the Bureau are to promote and market tourism within the northern metro cities metropolitan region. WHEREAS, the Bureau has established Bylaws to outline the purpose, internal structure, voting and meeting provisions and procedures. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The Bylaws of Minnesota Metro North Tourism are approved. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 12th day of October, 2009. 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. 09 -87 RESOLUTION APPROVING ARTICLES OF INCORPORATION OF MINNESOTA METRO NORTH TOURISM WHEREAS, the City of Lino Lakes has enacted a tax on lodging within the City to fund a convention and visitors bureau in accordance with Minnesota Statutes Section 469.190. WHEREAS, Minnesota Metro North Tourism Articles of Incorporation are for the purpose of forming a nonprofit corporation under Chapter 317 of Minnesota Statutes as amended. WHEREAS, the general purposes of this corporation are to promote and market tourism within the northern metro cities metropolitan region. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: • The Articles of Incorporation of Minnesota Metro North Tourism are approved. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 12th day of October, 2009. 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. 09 -88 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH MINNESOTA METRO NORTH TOURISM WHEREAS, the City of Lino Lakes has enacted a tax on lodging within the City to fund a convention and visitors bureau in accordance with Minnesota Statutes Section 469.190. WHEREAS, Minnesota Metro North Tourism (the Bureau) has the staff, facility, and experience to carry out the objectives of promoting the City as a tourist and convention center. WHEREAS, the City desires the Bureau to provide the services of a convention and tourism bureau on behalf of the City, and the Bureau desires to provide those services. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: • The Joint Powers Agreement between the City of Lino Lakes and Minnesota Metro North Tourism. John J. Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 12th day of October, 2009. 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 By -Laws of MINNESOTA METRO NORTH TOURISM ARTICLE I - OFFICE The principal and registered office of the Corporation shall be located within one of the cities whose lodging tax funds are administered by this Corporation. ARTICLE II - NAME The Corporation shall do business under its corporate name, namely MINNESOTA METRO NORTH TOURISM ARTICLE III - MEMBERS Section 1. Members of the Corporation The Members of the Corporation shall be the Cities of Anoka, Blaine, Coon Rapids, Fridley, Ham Lake, Mounds View, and Shoreview which have passed a Lodging Tax Resolution for collection of Lodging Tax under Chapter 469.190 of the Minnesota Statutes and whose funds from such taxes are administered by this Corporation. Section 2. New Members Additional cities may be added as Members upon a majority motion of Board of Directors and municipal approval of Lodging Tax Resolution for collecting Lodging Tax under Chapter 469.190 of Minnesota Statutes. • Section 3. Funding On the 15th day of each month, a Member City shall remit to the Corporation, for funding the Corporation, 95% of the lodging tax payments received by the Member City, less refunds, in the preceding month. • • ARTICLE IV — BOARD OF DIRECTORS Section 1. Board of Directors. A. The Board of Directors shall be proportionately represented, based on the percentage of lodging fee contributions contributed by the Member City during the preceding year. Each Member City shall have at least one Board Member. For each additional 10 %, or portion thereof, above the initial 10% of the overall contribution will entitle the Member City to one additional representative. The first Board Member appointed by the Member City shall be an elected or appointed municipal representative of that Member City. The second Board Member selected by the Member City will be from that community's lodging industry. Any additional representatives shall be selected at the Member City's discretion. The term of any Board Member appointed by a Member City shall immediately cease, without further action, upon the termination of membership of that Member City in the Corporation. B. Member Cities added after the approval of these By -Laws will be allowed one (1) Board Member until the end of the first calendar year after being added and then the terms of Section 1.A. shall apply Section 2. Board Responsibilities. The government and policy - making responsibilities of MINNESOTA METROPOLITAN NORTH TOURISM 2 —44— • • • shall be vested in the Board of Directors, which shall control its property, be responsible for its finances, direct its affairs and establish policy. It shall be the obligation of the Board of Directors to ensure representation on the Board and its committees from all appropriate stakeholders within its service area. Section 3. At Large Board Members. The Board of Directors will also select four (4) additional At Large Members. Two (2) of the At Large Members shall represent the Lodging industry. The remaining two (2) of the At Large Members shall represent businesses from the Member Cities. At Large Board representatives shall be elected at the Board of Directors' Meeting that is held during the month of January of each year. The initial At Large Members will be nominated at the first Board of Directors' Meeting. The Board of Directors shall hold elections for the initial At Large Members at its second meeting. Section 4. Nomination of At large Candidates. Candidates for election to the Board of Directors At Large positions may be nominated by any Board Member. Names of candidates for election shall be submitted to the Secretary of the Corporation by the 15th day of December each year. Section 5. Ex- Officio Representation. The National Sports Center shall be provided an Ex- Officio position on the Board of Directors. All Ex- Officio Board Members will receive notices of meetings and minutes. Any Ex- Officio Board Member may participate in discussions and serve on committees. Ex- Officio Board Members may not vote as a Board Member. The Board of Directors may add additional Ex- Officio Board positions. • • • Section 6. Terms. Term of office for Board Members shall be for one (1) year and shall commence on February 1. The initial Board Members term of office shall be until January 31, 2011. Section 7. Officers in Succession. Any Officer elected into succession shall be extended their regular term or consecutive terms as a Board Member until the obligations of such positions are fulfilled. Section 8. Resignation of Board Member. A Board Member may resign at any time by giving written notice of his or her resignation to the corporation. The resignation is effective when received by the Corporation, unless a later date has been specified in the notice. Section 9. Removal of Board Member. A Board Member may be removed from office, with or without cause, by the affirmative vote of a majority of the Board Members present at a duly held meeting; provided that not less than five (5) days' and not more than thirty (30) days' notice of such meeting stating that removal of such Board Member is to be on the agenda for such meeting shall be given to each Board Member. Section 10. Replacement of Board Member. In the event of the death, removal or resignation of a Board Member, a successor to fill the unexpired term shall be appointed by the affected Member City in the manner prescribed in Section 1.A. The Board of Directors shall appoint a successor to vacant At Large positions. 4 —46— • ARTICLE V - OFFICERS Section 1. Composition. The officers of this Corporation shall be President, Vice President, Secretary, and Treasurer. Section 2. Election of Officers. Officers shall be elected annually for terms of one (1) year by the Board of Directors immediately following the Annual Meeting of the Members. Section 3. Vacancy. A vacancy in an office because of death, resignation or removal may be filled by the Board of Directors. • ARTICLE IV — DUTIES OF THE OFFICERS Section 1. President. The President shall be chief executive officer of the Corporation, shall have overall supervision of the business of the Corporation, and shall direct the affairs and policies of the Corporation, subject to such policies and directions as may be provided by the Board of Directors. The President shall preside at all meetings of the Board of Directors, as well as at Executive Committee meetings. Section 2. Vice President. The Vice President shall exercise and perform the duties of the President, in the President's absence and/or inability to serve. The Vice President shall also have such powers • • • • and shall perform such duties as may be assigned to him/her by the President or the Board of Directors. Section 3. Secretary. The Secretary shall attend all meetings of the members, Board of Directors and Executive Committee. The Secretary shall keep proper minutes of such meetings, give all required notices, keep membership records, and shall perform such other duties as may be assigned by the Board of Directors. Section 4. Treasurer. The Treasurer shall have charge and custody of all funds of the Corporation. The Treasurer shall keep an accurate account of all receipts and disbursements, deposit all monies in the name of the Corporation in such banks or depositories as the Board of Directors shall designate, disburse funds of the Corporation as directed by the Board of Directors and perform such other duties as may be assigned by them. ARTICLE VII - COMMITTEES Section 1. Executive Committee. The Executive Committee shall be appointed by the Board of Directors and shall consist of the Officers set forth above and three (3) additional members. The Executive Committee will consist of no fewer than four (4) municipal representatives of the Member Cities and two (2) lodging facilities representatives. The Executive Committee will function and carry out Board duties and responsibilities between Board of Directors meetings, subject to the direction and control of the Board of Directors. Section 2. Others. • • • Other Committees may be appointed by the President, and/or the Board of Directors as needed. ARTICLE VIII — EXECUTIVE DIRECTOR The Board of Directors shall detemuine the most appropriate way to handle the day to day operational needs of the Corporation. This may be through the hiring of an Executive Director or a contract with a qualified marketing company Such person or agency shall be responsible for the day -to -day functioning of the Corporation and may be entrusted with the duties and responsibilities of any of the officers, as determined by the Board of Directors. ARTICLE IX — MEETINGS Section 1. Annual Meeting. A meeting of Members of the Corporation shall be held during January of each year at a time and place set by the Board of Directors. Section 2. Regular Meetings. The Board of Directors shall meet at least quarterly at a time and place selected by the President of the Corporation. Section 3. Executive Committee Meetings. The Executive Committee shall meet monthly at the call of the President and at such other times that the business of the Corporation requires. Section 4. Notice of Meetings. Notice of Board of Director Meetings, along with the agenda, shall be distributed to each member at least ten (10) days before the meeting date. Notice of Executive Committee meetings shall be distributed to committee members at least five (5) days prior to the meeting. • • • ARTICLE X — NOTICE OF MEETINGS Section 1. Notice. Whenever, under the provisions of Minnesota Statutes, the Articles of Incorporation or these By -Laws, notice is required to be given to a Member, a Board Member or a member of a committee, such notice may be given in writing by depositing it in the United States Mail (first class postage prepaid) or by electronic mail (e -mail) or by facsimile for transmission addressed to such person as his or her address appears on the books of the Corporation or at his or her business address. Notice shall be deemed at the time it is deposited in the United States mail or sent by e -mail, or facsimile. Such requirement for notice shall be deemed satisfied, except where written notice is required by law, if actual notice is received orally or in written form by the person entitled thereto as far in advance of the event with respect to which notice is given as the minimum notice period required by law or these By -Laws. Section 2. Waiver of Notice. Whenever any notice is required to be given by Minnesota Statutes, the Articles of Incorporation, or these By -Laws, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before, or after the time stated therein, shall be deemed equivalent thereto. Attendance by such a person at a meeting shall constitute a waiver of notice of such meeting, except when the person attends a meeting for the express purpose of objecting, at the beginning of the meeting, to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Members, Board Members or committee members need be • • • specified in any written waiver of notice unless so required by statute. Any meeting of Members of the Board of Directors or of a committee of the Board shall be a legal meeting without any notice thereof having been given if all Members, all Board Members or all committee members, as the case may be, are present. ARTICLE XI — SPECIAL MEETINGS Special meetings of the Board of Directors may be called by the President, and shall be called upon written demand of any three (3) Board Members addressed to the President, to the Secretary or to the Executive Director, stating the object or purpose thereof. Notice of such meeting shall be mailed to each Board Member at least five (5) days before the date on which the meeting is to be held. The notice shall state the time, place and purpose of the meeting. The same provisions shall apply to Special Meetings for Members of the Corporation. ARTICLE XII — QUORUMS A majority of all board members, as the case may be, shall constitute a quorum for the purpose of transacting business at any annual, regular or special meeting. The board members present at the meeting at which a quorum is present may continue to transact business until adjournment, notwithstanding the withdrawal of enough Directors to leave less than a quorum. ARTICLE XIII — ELECTRONIC VOTING On certain issues from time to time the Members or Board Members may be asked to vote electronically. If a vote is not received by the requested deadline, that Member's or Board Member's vote shall be considered a non -vote. All electronic voting shall be submitted with one • of the following signature formats: /s/ Printed Name; Electronic Signature; or scanned signature • • block. ARTICLE XIV- ACTION WITHOUT MEETING Unless otherwise restricted by Minnesota Statutes or the Articles of Incorporation, any action of Members, Board Members, or of any committee thereof, may be taken without a meeting if a written consent thereto is signed by all members, all Board Members or committee members and such written consent is filed with the minutes of the meeting of Members, Board Members or committee, as the case may be. ARTICLE XV - CONTRACTS, CHECKS, DRAFTS, BANK ACCOUNTS, ETC. Section 1. Contracts- How Executed. Except as otherwise provided in these By -Laws, the Board of Directors may authorize any two (2) officers of the Corporation to enter into any contract or execute and deliver any instrument in the name of or on behalf of the Corporation. Such authority may be general or confined to specific instances. Unless so authorized by the Board of Directors, no officer shall have any power or authority to bind the Corporation by any contract or engagement or to pledge its credit or to render it liable peculiarly for any purpose or for any amount. Section 2. Bids. The Corporation must exercise a bid or request for proposal process on projects which exceed dollar amounts determined by the Executive Committee. Section 3. Loans. • • • No loan shall be contracted on behalf of the Corporation and no negotiable paper shall be issued in its name unless authorized by the Board of Directors. When so authorized, any two (2) officers of the Corporation may execute and deliver promissory notes or other evidence of indebtedness of the Corporation, and as security for the payment of loans, advances, and liabilities of the corporation, any mortgage, pledge, or transfer real or personal property held by the corporation. Section 4. Checks, Drafts. All checks, drafts, or orders for the payment of money issued in the name of the Corporation shall be signed by two (2) or more officers of the corporation in such manner as authorized by the Board of Directors. Section 5. Deposits. All funds of the Corporation shall be deposited to the credit of the Corporation under such conditions and in such banks, trust companies, or other depositories as the Board of Directors may designate. Section 6. Annual Budget The annual budget of estimated income, income expense and capital expense shall be approved by the Board of Directors and submitted to a Member City's city council on or before the 1st day of October of the year proceeding the effective date of the budget. Such budget shall detail specifically the uses to which monies shall be spent to carry out the purposes of the Corporation. Actual revenues generated may vary from the amount anticipated in the budget and for this reason the budget may be modified by a two thirds (2/3) vote of the Board of Directors without prior consent of the Member Cities. Section 7. Financial Summary A summary report of the financial operation of the corporation shall be made by the Treasurer at least annually to the Board of Directors. ARTICLE XVI - OFFICER REMOVAL — RESIGNATION Section 1. Any officer may be removed either with or without cause by a two- thirds (2/3) vote of the whole Board of Directors. Section 2. Any officer may resign at any time by giving written notice to the President, Secretary, or Executive Director of the Corporation. Such resignation shall take effect on the date of the • receipt of such notice or any later time specified therein. • ARTICLE XVII - BY -LAWS AMENDMENTS Amendments to these By -Laws may be adopted by Board of Directors at any meeting of the Board called for the purpose, and upon a two- thirds (2/3) affirmative vote. At least ten (10) days' notice shall be given to Board Members together with a copy of the proposed amendments. ARTICLE XVIII - FISCAL YEAR The fiscal year of the Corporation shall begin on January 1 of each year and end on December 31 of each year. It shall be the responsibility of the Board of Directors to adopt a budget for the forthcoming fiscal year. It shall be the responsibility of the Executive Director and Treasurer to refrain from engaging in or completing any action of any kind whatsoever which may result in the Corporation exceeding total budgeted expenditures for that fiscal year 0 without first advising the President regarding the nature of the probable excess and having • • secured from the Board of Directors authorization to proceed. ARTICLE XIX INDEMNIFICATION To the full extent permitted by the Minnesota Nonprofit Corporation Act as amended from time to time, or by other provisions of law, each person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suite or proceeding, wherever and by whomsoever brought (including any such proceeding, by or in the right of the corporation), whether civil, criminal, administrative or investigative, by reason of the fact that he or she is or was a member, director or officer of the corporation, or he or she is or was serving at the specific request of the Board of Directors of the corporation as a Board Member, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, shall be indemnified by the corporation by the affirmative vote of a majority of the Board Members present at a duly held meeting of the Board of Directors for which notice stating such purpose has been given against expenses, including attorneys' fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by such person in connection with such action, suit or proceeding; provided, however, that the indemnification with respect to a person who is or was serving as a Board Member, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise shall apply only to the extent such person is not indemnified by such other corporation, partnership, joint venture, trust or other enterprise. The indemnification provided by this Article shall inure to the benefit of the heirs, • • • executors and administrators of such person and shall apply whether or not the claim against such person arises out of matters occurring before the adoption of this provision of the By -Laws. ARTICLE XX - FINANCIAL ACCOUNTING AND REPORTING The Officers of the Corporation and particularly the Executive Director shall adhere to all requirements set forth in Minnesota Statutes 477A relating to funds received from city lodging taxes, as well as the respective cities' accounting and reporting requirements. ARTICLE XXI — BOOKS AND RECORDS The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its Members, Executive Committee, Board of Directors and committees having and exercising any of the authority of the Board of Directors and shall keep at the principal office a record giving the names and addresses of the Members entitled to vote. All books and records of the corporation may be inspected by any Member for any proper purpose provided reasonable notice has been given prior to the inspection. XXII- WITHDRAWAL A Member City may withdraw from membership in the Corporation at the end of a calendar year by providing written notice to the Corporation by June 30 of that calendar year. A Member City cannot be a member of the Corporation if it no longer has a Lodging Tax Resolution for collection of Lodging Tax under Chapter 469.190 of the Minnesota Statutes or . whose funds from such taxes are not submitted to the Corporation in the manner prescribed in these By -Laws. • • 15 —57— Date of Adoption Secretary • • ATTACHMENT B ARTICLES OF INCORPORATION OF MINNESOTA METRO NORTH TOURISM I, the undersigned, being of full age, for the purpose of forming a nonprofit corporation under Chapter 317A of Minnesota Statutes as amended, do hereby form a body corporate and adopt these Articles of Incorporation. ARTICLE I NAME The name of this corporation shall be MINNESOTA METRO NORTH TOURISM ARTICLE II PURPOSE This corporation is organized as a nonprofit business league, chamber of commerce or trade association within the meaning of Section 501(c)(6) of the Internal Revenue Code of 1986, as amended (the "Code "), or such other provisions of Minnesota or Federal law as may from time to time be applicable. The general purposes of this corporation are to promote and market tourism within the northern twin cities metropolitan region. • • • ARTICLE III POWERS Notwithstanding any other provisions of these Articles of Incorporation, all of the work of this corporation shall be carried on, and all funds of this corporation, whether income or principal and whether acquired by gift or contribution or otherwise, shall be used and applied exclusively for exempt purposes directly or indirectly benefiting this corporation within the meaning of Section 501(c)(6) of the Code, and in such manner that no part of the net earnings of this corporation will in any event inure to the benefit of any Member, officer or director of this corporation or of any other corporation, organization, foundation, fund or institution, or any other individual (except that reasonable compensation may be paid for services rendered to or for this corporation in furtherance of one or more of its purposes). ARTICLE IV INUREMENT OF INCOME This corporation does not and shall not afford pecuniary gain incidentally or otherwise to its members or any other organization or private individual. ARTICLE V DURATION The duration of this corporation shall be perpetual. ARTICLE VI REGISTERED OFFICE The registered office of this corporation shall be located at 11155 Robinson Drive, Coon Rapids, MN 55433. 2 —59— • • • ARTICLE VII CAPITAL STOCK This corporation shall have no capital stock but shall have one class of Members whose voting and other rights and interests shall be equal. The conditions and qualifications for Membership of this corporation shall be as provided for in the Bylaws of this corporation. Members of this corporation shall have no personal liability for corporate obligations. ARTICLE VIII DIRECTORS Section 8.1. The management of this corporation shall be vested in a Board of Directors. Section 8.2. The number, qualifications, and terms of office of the directors shall be fixed by the Bylaws of this corporation. Each Member of the initial Board of Directors shall continue in office until the first meeting of the Members and thereafter until his or her successor is elected and qualified or he or she is removed from office as provided by law or in the Bylaws of this corporation. Section 8.3. Any action required or permitted to be taken at a meeting of the Board of Directors may be taken by written action signed by the number of directors that would be required to take the same action at a meeting of the Board of Directors at which all directors were present. ARTICLE IX DISSOLUTION • • • Upon the dissolution of the corporation, the Board of Directors shall, after paying or making provisions for the payment of all the liabilities of the corporation, dispose of all the assets of the corporation exclusively for the purposes for which this corporation was organized in such manner as the Board of Directors shall determine. Any such assets not so disposed of shall be disposed of by the District Court of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said court shall determine, which are organized and operated exclusively for such purposes. ARTICLE X AMENDMENT A. Amendment by Members. Amendments to the Articles must be approved by a majority of the directors and a majority of the Members with voting rights. If an amendment is initiated by the directors, proper notice of the proposed amendment must precede a member meeting at which the amendment will be considered and must include the substance of the proposed amendment. If an amendment is proposed and approved by the Members, the Members may demand a special board meeting within 60 days for consideration of the proposed amendment if a regular board meeting would not occur within 60 days. B. Amendment by Board. When authorized by the Members, these Articles may be amended by the Board of Directors by the affirmative vote of a majority of the Directors then in office who are present and entitled to vote at a duly held meeting of the Board of Directors for which notice of the meeting and the proposed amendment have been given. A majority of Members with voting rights voting at a meeting duly called for • the purpose, may prospectively revoke the authority of the Board to exercise the power of the Members to amend the Articles. ARTICLE XI INCORPORATOR The name and address of the incorporator of this corporation are: Matt Fulton, City Manager, City of Coon Rapids, 11155 Robinson Drive, Coon Rapids, MN 55433 IN WITNESS WHEREOF, I have hereunto executed these Articles of Incorporation this day of , 2009. • 1075281.1 • Incorporator • • ATTACHMENT C CONVENTION AND TOURISM BUREAU AGREEMENT THIS AGREEMENT made and entered into this day of , by and between the City of , a Minnesota municipal corporation, hereinafter referred to as "City," and Minnesota Metro North Tourism, a Minnesota non - profit corporation referred to as the "Bureau." WITNESSETH: The City has enacted a tax on lodging within the City to fund a convention and visitors bureau in accordance with Minnesota Statutes Section 469.190. The Bureau has the staff, facility, and experience to carry out the objectives of promoting the City as a tourist and convention center. The City desires the Bureau to provide the services of a convention and tourism bureau on behalf of the City, and the Bureau desires to provide those services. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Term. The term of the Agreement shall commence on the 1st day of January 2010 and will continue unless terminated by mutual agreement of the City and Bureau. After 2 years, this Agreement may be terminated by one of the parties hereto in accordance with paragraph 7 of this Agreement. 2. Services Rendered by Bureau. The Bureau shall furnish the following services: a. Informational services in answering inquiries about the City via mail, telephone, personal, and electronic contacts. b. Prepare and present through websites, audio visual presentations, social networking sites information to the public and groups to attract visitors to the City. c. Provide planning, coordinating, and registration assistance to organizations and businesses. d. Supply support material including, but not limited to, name badges, City maps, accommodations list, and information in general. e. Distribute brochures, maps and guides of the city to potential visitors and meeting planners. f. Provide representation at trade shows, conventions, and exhibits to attract new visitors to the City. g. Promote the City as a convention center for Minnesota by regional and statewide advertising of the City's hospitality industry and attractions. • • 3. Changes. Basic services provided pursuant to Paragraph 2 of this Agreement shall be without charge to the person or organization utilizing said services unless authorized by contractual agreement or action of the Bureau Board of Directors. 4. Budget. The Bureau shall submit its annual budget for review by the City on or before the first day of October of the year preceding the effective date of the budget. Such budget shall detail specifically the uses to which monies received shall be spent to provide the services described in Paragraph 2 of this Agreement. It is understood between the parties that the actual revenues being generated under Paragraph 5 may vary from the amount anticipated in the budget. For this reason, it is agreed that the budget may be modified without prior consent of the City, providing that any adjustments shall be made by a two thirds (2/3) vote of the Bureau Board of Directors. Notwithstanding any other language to the contrary the Bureau shall not expend any sums beyond its revenues. 5. Funding. On the 15th day of each month, the City shall remit to the Bureau, for funding of the Bureau, 95% of the lodging tax payments received by the City, less refunds, in the preceding month during the term of this Agreement. 6. Verification of Expenditures. The Bureau will provide the City a copy of the Bureau's monthly fmancial statements, showing monthly, year to date, and budget figures, properly itemized and verified by the Director of the Bureau. The Finance Officer of the city shall have the right of access to the books and records of the Bureau at any time during normal business hours to audit any time of revenue or expenditure. 7. Termination. Either party may terminate this Agreement by providing written notice to that effect by June 30th to the other party Such termination shall be effective on December 31st of the calendar year in which notice is given. 8. Composition of Bureau's Board of Directors. City and Bureau agree that the Bureau's Board of Directors shall be proportionately represented, based on the percentage of lodging fee contributions contributed by the Member City during the preceding year. Each Member City shall have at least one Board Member. For each additional 10 %, or portion thereof, above the initial 10% of the overall contribution will entitle the Member City to one additional representative. The first Board Member appointed by the Member City shall be an elected or appointed municipal representative of that Member City. The second Board Member selected by the Member City will be from that community's lodging industry. Any additional representatives shall be selected at the Member City's discretion. The term of any Board Member appointed by a Member City shall immediately cease, without further action, upon the termination of membership of that Member City in the Corporation. 9. Hold Harmless. Any and all employees of the Bureau or any other persons, while 1111 engaged in the performance of any service required by the Bureau under this Agreement, shall 2 • • • not be considered employees of the City, and any or all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said employees or other persons while engaged, and any and all claims made by the third party as a consequence of any act or omission on the part of the Bureau, or its agents or employees or other persons while so engaged in any of the services provided to be rendered herein, shall in no way be the obligation or the responsibility of the city. In connection therewith, the bureau hereby agrees to indemnify, save, and hold harmless, and defend the City and all of its officers, agents, and employees from any and all claims, demands, actions, or causes of actions of whatever nature or character arising out of or by reason of the execution or performance of the services provided for in this Agreement. 10. Multiple City Participation. It is contemplated that the Bureau in addition to providing services to the City, will also provide similar services described in Paragraph 2 of this Agreement to the other communities and that all cities maybe jointly promoted as a unitary convention and visitors bureau. Therefore, it is specifically authorized that funding for such joint promotion will be financed pursuant to the Agreement. 11. Discrimination. The Bureau, in providing services hereunder shall comply with the provisions of Minnesota Statutes Section 181.59 as the same may be amended from time to time. The Bureau shall not discriminate against any person or firm in any of its activities pursuant to Minn. Stat. §181.59 which is incorporated into this agreement as through set forth in its entirety. 12. Insurance. The Bureau shall carry insurance to cover its employees and agents while performing services pursuant to this Agreement. Such insurance shall provide comprehensive general liability and property damage coverage to the Bureau and its employees and agents in such amounts as will equal the applicable limits of liability to which the City may be held pursuant to state statute as the same may be amended from time to time. The Bureau shall also carry Workers' Compensation as required by Minn. Stat. §176.182 and provide the City with proof of compliance with §176.182 before commencing to provide services hereunder. 13. Laws. The Bureau will comply with all applicable Federal, State and local laws in the performance of its obligations hereunder. 14. Advertisements. All websites, brochures, listings, or advertisements of specific lodging facilities shall include mention of all facilities paying the lodging tax imposed by the City. 15. Integration. This document is fully integrated, in bodying the entire Agreement between the parties. Any amendment to this Agreement shall be in writing and executed in the same manner as this Agreement. • IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. • • CITY OF By: , Mayor By: , City Manager MINNESOTA METRO NORTH TOURISM By: Its: • AGENDA ITEM 6Ci STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: October 12, 2009 TOPIC: Resolution Nos. 09 -83, Adopting Assessments, 2009 Developments. VOTE REQUIRED: 3/5 Vote Required • BACKGROUND: The following development project is substantially complete, and therefore City Staff is prepared to adopt the assessments accordingly: Development Development Contract Date Byrne Langer Addition August 25, 2008 In the above referenced Development Contract, the property owner waives any and all procedural and substantive objections to the installation of City improvements and the special assessments. The developer has reviewed and approved the assessments. Attached is a breakdown of the Byrne Langer Addition assessments. RECOMMENDATION: Approve Resolution No. 09 -83, Adopting Assessments, 2009 Developments. • • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09-83 RESOLUTION ADOPTING ASSESSMENT FOR THE BYRNE LANGER ADDITION DEVELOPMENT PROJECT WHEREAS, pursuant to the development agreement dated August 25, 2008, the developer waives all rights to a hearing on the conducting of local improvements which will benefit the properties within the Byrne Langer Addition Development, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 2010, and shall bear interest at the rate of seven percent (7 %) per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2009. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by November 13, 2009; and the owner may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged throe .h December 31 of the next succeeding year. • 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 12th day of October, 2009. 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. • • October 12, 2009 Z - Q re E• = O Z 0 W W < Z • Z_ N W Z co Q J < LU W - Z Z Z ti CO 11 LU u • o • Q Z u W } < W Z W • cn 0) Z a 0 O 0 N CD f!T tit EFT O O O O) co N EFT Lot 2, Block 1 Byrne Langer Addition 25- 31 -22 -41 -0086 J 0 • AGENDA ITEM 6Cii • • STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: October 12, 2009 TOPIC: Resolution No. 09 -84, Adopting Assessments, 2009 Individual Property Which Requested Connection to City Utilities. VOTE REQUIRED: 3/5 Vote Required BACKGROUND: The property owner has submitted a signed waiver, which waives their rights to a hearing and waives their rights to appeal under the Lino Lake City Charter and/or Minnesota Statute 429 provided that the assessment associated with the improvement is levied against their property, or they have entered into a Performance Contract with the City. We are prepared to adopt the assessment for the following individual property, which requested connection to city utilities: - 704 77th Street — Residential - 706 77th Street — Residential - 216 Ulmer Drive — Residential - 220 Ulmer Drive — Residential Attached is a breakdown of the individual property assessments. RECOMMENDATION: Approve Resolution No. 09 -84, Adopting Assessments, 2009 Individual Properties Which Requested Connection to City Utilities. • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09-84 RESOLUTION ADOPTING SPECIAL ASSESSMENTS, INDIVIDUAL UTILITY CONNECTIONS WHEREAS, pursuant to the a signed performance agreement or waiver received by individual property owners to waive all rights to a hearing on the conducting of a local improvement which will benefit the Individual Properties Which Requested Connection to City Utilities, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: • 1. Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten years for commercial and fifteen years for residential, the first installment to be payable on or before the first Monday in January, 2010, and shall bear interest at the rate of seven percent (7 %) per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2009. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by November 13, 2009; and the owner may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. • • 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 12th day of October, 2009. 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. • • • FINAL ASSESSMENT ROLL z w wcL0 Q w 0 r W • o O 1- < u- O LL W Q W 2 LL Q r cc cc < W Z ▪ W a < (0 H Z 0) 0) 0 0 r� n O cD tri r) r) r9 o 0 CO 0 O O O) O 69 696949 (A d9 69 d9 694444 E» r) r) 00 0 0 0 0 0 0 0 0 0 v v N 69 4469 V3 CO CO 00 h O O N N et V N- h co co - N 69 d36969 CO CO 0 0 O) O) CO O N O CO - CO O N O) 0) CV V d96969 d9 O O 0 0 0 0 0 0 O 0 0 0 CD CD (0(0 N- rochriM 69 6969[e o o 0 0 000o o o O o • v rn c CO CO (D CO N N N N de de d9 69 m a) (0 u) m d L w _E E N- n D 0 O 0 O 1s Ns N N 0 0 10 0) o o 0 0 oo00 V .- N) M • ":1"T N N N N N N N co co 0) Q) O O K 69 d4 CO 0 0 0 0 tO so tO O eM N N O iN CD t+) N cD t0 t0 44 O co 0 STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND: AGENDA ITEM 6D James E. Studenski, City Engineer October 12, 2009 Resolution No. 09 -89, Authorizing Execution of Performance Agreement, North Springs Church. 3/5 Vote The North Springs Church is the new owners of the former VFW building (7868 Lake Drive). North Springs Church is proposing the completion of the VFW site as approved by the City Council on February 9, 2004 (Resolution No. 04 -18). In accordance with City policy, staff has prepared a Performance Agreement for North Springs Church. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $36,725.00 representing • 35 percent of the development improvement costs. A letter of credit covering the City Improvements is not required because all utility connection charges where paid by the VFW under there previous performance agreement. 2. Deposit of a cash escrow in the amount of $5,000.00 to reimburse the City for costs incurred by the City related to the development and improvements of the site. The developer has reviewed the contract and is aware of the conditions set forth. RECOMMENDATION: Staff recommends approving Resolution Number 09 -89, Authorizing Execution of a Performance Agreement, North Springs Church. • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09-89 RESOLUTION AUTHORIZING EXECUTION OF PERFORMANCE AGREEMENT, NORTH SPRINGS CHURCH WHEREAS, the City Council approved the VFW Site Plan on February 9, 2004. WHEREAS, the North Springs Church will complete the approved VFW Site Plan. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Performance Agreement with North Springs Church, and authorizes the Mayor and City Clerk to execute such agreement on behalf of the city. John Bergeson, Mayor Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this 12th day of October 2009. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • • CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this 12th day of October 2009, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and North Springs Church, whose address is 1388 Pheasant Hills Drive, hereinafter referred to as the "Developer ". WHEREAS, the Developer has received approval of Site Development Plans, hereinafter called the "Plans ", by the City on the 9t day of February, 2004, by Resolution No. 04 -18 (Exhibit A), and in accordance with the Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property ") described as follows: Lot 7, Auditors Subdivision No. 100 THAT PRT OF LOT 7 AUD SUB NO 100 LYG SLY OF FOL DESC LINE: BEG AT A PT ON ELY LINE OF SD LOT 20 FT NLY FROM SELY COR OF SD LOT, TH NWLY TO A PT ON WLY LINE THEREOF 150 FT NELY FROM SWLY COR OF SD LOT& SD LINE THERE TERM, TOG /W LOT 8 SD AUD SUB NO 100, ALSO TOG/W THAT PRT OF LOT 9 SD AUD SUB NO 100 DESC AS FOL: BEG AT A PT ON S LINE OF SD LOT 9 234 FT WLY OF SE COR OF SD LOT 9, TH N TO A PT ON N LINE OF SD LOT 9 200 FT WLY OF NE COR OF SD LOT 9, TH WLY ALG SD N LINE TO ELY R/W LINE OF CSAH NO 23, TH SWLY ALG SD R/W LINE TO S LINE OF SD LOT 9, TH ELY ALG SD S LINE TO POB, TOG/W WLY 10 FT OF NLY134.31 FT OF THAT PRT OF SD LOT 9 DESC AS FOL: BEG AT A PT ON SLY LINE OF SD LOT 9 120 FT WLY OF SE COR THEREOF TH WLY ALG SD SLY LINE 114 FT, TH NLY TO A PT ON NLY LINE OF SD LOT 9 200 FT WLY OF NECOR THEREOF, TH ELY ALG SD N LINE 90 FT, TH SLY TO POB, EX RD, SUBJ TO EASE OF REC NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: I. DESIGNATION OF IMPROVEMENTS. A. Improvements on the project site to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "On -site Work ". October 12, 2009 North Springs Church Performance Agreement Page 1 of 10 B. Improvements off the project site to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Off -site Work ". II. ON -SITE WORK. A. On -Site Work. The On -site Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The Work includes all on -site exterior amenities as shown on the approved Plans and as required by the plan approval, such as, but not limited to: landscaping, private driveways, parking areas, storm drainage systems, curbing, lighting, fencing, fire lanes, sidewalks, outside trash disposal enclosures, exterior building architectural design and building elements, site grading, tree preservation work and erosion control measures. Such improvements shall be completed in accordance with Section IV herein. B. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the On -Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The description and estimated cost of Developer's On -site Work is as follows: Description of Improvements Estimated Costs 1. Surveying, Site Grading and Erosion Control $ 24,300.00 2. Asphalt Paving/Curb & Gutter $ 55,000.00 3. Planting, Irrigation Systems $ 10,800.00 4. Dumpster Gate $ 600.00 5. Signs and Site Lighting $ 4,000.00 6. Sound Fence $ 10,230.00 Total Estimated Cost of Developer Improvements $ 104,930.00 Security Requirement (Total * 35 %) $ 36,725.00 Note: Sanitary Sewer, Surface Water Management, and Water Connection charges where paid by the Circle -Lex VFW Post 6538 under the performance agreement dated July 7, 2004 in the amount of $80,731.88 October 12, 2009 North Springs Church Performance Agreement Page 2 of 10 • • • • • III. OFF -SITE WORK A. Right -of -Way. The Developer shall be responsible for acquiring any right -of -way, temporary easements, or permanent easements necessary for the making of such improvements. B. Plans & Specifications. The Developer shall prepare plans and specifications for the making of such improvements. Said plans and specifications shall be subject to review and approval by the City of Lino Lakes and Anoka County. C. Construction Observation. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City and County standards as a condition of City /County acceptance. In addition, the City and/or County shall have one or more inspectors inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all reasonable instructions received from the City's inspectors. D. Record Plans. Within thirty (30) days after the completion of the improvements the Developer shall supply the City with 2 complete sets of mylar "Record" drawings, all prepared in accordance with City standards. An electronic copy on two CD's of the plans shall also be submitted in an AutoCAD DWG format. E. As -Built Survey. The Developer's engineer shall certify, in writing with an as -built survey that all grading complies with the grading plan prior to issuance of building peimits. The as -built survey must include, but is not limited to, proposed and final contours with adequate elevation shots to show conformance, property irons (to be exposed in field), low floor and low opening elevations, and the 100 -Year High Water Level (HWL) of all ponds, lakes, and wetland areas. IV. COMPLETION DATE. The activities authorized by site and building plan approval shall be initiated within six (6) months (April 12, 2010). If such activity is not completed within eighteen (18) months (April 12, 2011), the City may exercise any remedies as set forth in Section VII., unless an extension is granted by the City. October 12, 2009 North Springs Church Performance Agreement Page 3 of 10 V. GUARANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Off -site Work and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Off -site Work. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty - five (35 %) percent of the total estimated cost of Developer's On -site and Off -site Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. B. The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer's Improvements the City shall require a Letter of Credit or Cash Escrow to cover the one -year warranty provisions of the agreement. The amount shall be determined by the City Engineer or a designee. VI. REIMBURSEMENT OF COSTS. A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the On -site and Off -site Work, including, but not limited to, the following: 1. Administration (Legal, Engineering, Planning, and $ 5,000 Contract administration) Total Estimated (Budget) Costs for Escrow Account $ 5,000 B. The City shall have a right to reimburse itself from the Escrow. If it appears that the actual costs incurred will exceed the estimate, then the October 12, 2009 North Springs Church Performance Agreement Page 4 of 10 • • • • • • City shall review the costs required to complete the project. In such case, Developer shall deposit additional sums with the City to pay for the agreed upon increase. VII. REMEDIES FOR BREACH A. The City shall give prior notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within ten (10) days after such notice to it, the Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured, the City will proceed with the remedy it deems appropriate. B. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may in writing direct the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. 2. Completion by the City. The City, after notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. The City may draw on the Letter of Credit the sum equal to the estimated cost of completing the Work, plus the City's estimated expenses as defined herein, including any other costs, expenses, and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as hereinafter specified. October 12, 2009 North Springs Church Performance Agreement Page 5 of 10 Any funds remaining after completion of the project shall be returned to the Developer. VIII. OCCUPATION OF PREMISES The Developer agrees that it will not cause to be occupied any portion of the building or improvements to be constructed upon the premises until completion of the building and site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. IX. INSURANCE Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's Work or the Work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT OF COSTS FOR DEFENSE The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XI. VALIDITY If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. October 12, 2009 North Springs Church Performance Agreement Page 6 of 10 • • • • • XII. GENERAL A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. B. Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. D. Hours of Construction Activity. All construction activity shall be limited to the hours set out as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed XIII. CONDITIONS OF APPROVAL The project approval should be subject to the following conditions: 1. Issues listed in the August 31, 2009 memo by the City Engineer must be resolved to his satisfaction. 2. All necessary permits shall be obtained by the applicant from Anoka County for work in the Lake Drive (CSAH 23) right of way. 3. The church shall enter into a site performance agreement for exterior work on the site prior to commencing the work or obtaining a certificate of occupancy. This shall include financial securities according to current City requirements. October 12, 2009 North Springs Church Performance Agreement Page 7 of 10 4. Parking lot lighting must be completed as shown on submitted plan and fixture cut sheets. The pedestal for a light near the Lake Drive driveway is not included on the lighting plan. If a light is to be installed here, it must be determined what type of fixture and a photometric study done to ensure it meets city standards. 5. Parking lot and sign lighting shall comply with the hours of operation for commercial businesses as regulated by the zoning code. 6. If the installed flagpole lighting is to remain or be expanded, a photometric analysis must be submitted that demonstrates it meets city standards. Landscaping around the flagpoles must be revised on a new plan for the area if lighting is to be there. 7. Signage is governed by the City's sign ordinance and permits are required for all signs. The location of any ground sign must be identified on a plan. 8. If parking or traffic generation create safety problems in the future, the City may revisit the CUP and consider adding additional conditions to resolve such issues such as traffic control personnel or other measures. The City may call a review meeting of representatives from law enforcement officers, the church, and the neighborhood to review traffic issues and ascertain the need for providing traffic control or other reasonable measures, which the church shall provide. This condition is in lieu of requiring a traffic study for the church use. 9. The parking, landscaping, and any other exterior work shall be completed in accordance with the plans. 10. Final site grading and erosion control must be completed in accordance with the approved plans. This includes removal of the old building foundation/slab, re- shooting elevations, grading the rest of the south end of the site and the county roadway ditch to the design criteria, and finishing grading of the rest of the site. 11. The south parking lot curbing and drainage improvements must be completed according to plans. 12. The south parking lot sub -base and first lift of asphalt must be completed according to plans. 13. In the area of the existing access to the back yard of the property to the east, any alterations necessary to ensure proper drainage and other compliance with plans must be made as directed by the City Engineer. 14. The final lift of asphalt must be completed over the entire site according to plans. 15. Topsoil, landscaping, and seeding of all disturbed areas must be completed according to plans. October 12, 2009 North Springs Church Performance Agreement Page 8 of 10 • • • III 16. The height of any plantings near the driveway must not interfere with sight lines when fully grown. • • 17. The City native seed schedule shall be used in infiltration and ponding areas. 18. The gate must be installed on the trash enclosure. 19. The HVAC and fans on the east side of the building have created significant nuisance issues for the neighboring property. A noise fence shall be constructed around the HVAC equipment on the east side of the building in accordance with the plan approved by the City. 20. Section 2, Subd. 2.B.11. of the zoning code states that "A conditional use specified in the permit expires if, for any reason, the authorized use ceases for more than one (1) year." The VFW has ceased operating for more than one year. The conditional use permit for a private club, approved with Resolution No. 04 -18, is hereby recognized as expired. 21. The setback variances granted with Resolution No. 04 -18 continue to be in effect. 22. All permits and approvals required to comply with life safety requirements such as the building and fire codes must be obtained. 23. If a trail easement is deeded to the City along the 5 +' between the Lake Drive right of way and the parking curb, the plantings shown there on the landscaping plan need not be installed. XIV. VIOLATIONSBUILDING PERMITS In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and/or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. October 12, 2009 North Springs Church Performance Agreement Page 9 of 10 NORTH SPRINGS CHURCH CITY OF LINO LAKES By: By Mayor Its: ATTEST: By City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 2009, before me, a Notary Public within and for said County, personally appeared John Bergeson and Julie Bartell, to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 2009, before me, a Notary Public within and for said County, personally appeared , of the North Springs Church who executed the foregoing instrument. Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 October 12, 2009 North Springs Church Performance Agreement Page 10 of 10 • • • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 CITY COUNCIL WORK SESSION September 28, 2009 DRAFT DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : September 28, 2009 . 5:35 p.m. . 6:35 p.m. : Council members Gallup, Reinert, O'Donnell, and Mayor Bergeson : Council Member Stoltz Staff members present: Acting City Administrator Dan Tesch; Director of Public Safety David Pecchia; City Engineer Jim Studenski; Director of Finance Al Rolek; Economic Development Coordinator Mary Alice Divine; Director of Community Development Michael Grochala; City Attorney Joseph Langel; City Clerk Julie Bartell. REVIEW REGULAR AGENDA ITEMS Item 3A Charter Amendment Ordinance (Televising Meetings) — It was noted that all council members would not be present for the council meeting (a charter amendment by ordinance requires an affirmative vote of all members of the council). The city attorney said it would not be a problem to table this item at tonight's meeting. The council will consider the ordinance at the special council meeting on October 5, 2009. Item 4A, Resolution authorizing acceptance of Recovery Act Assistance Grant — Police Chief Pecchia explained that the city has been awarded a grant for two patrol officer positions, one effective 10/1/2009 through 9/30/2011 and another 1/1/2010 through 12/31/2011. Recent council discussions about the city budget and personnel reductions indicated that the Police Department needed to look at reducing approximately ten percent of its budget or $322,000. Using that figure as a guide, the department applied for and was awarded grant funds. They plan to replace one position that is open and to maintain the junior most position past that. Staff has received an opinion that furlough and union concessions would not be considered supplanting as far these grant funds and so those items will remain on the bargaining table with the unions. A council member noted that he originally had concern that accepting these grant funds would mean that the Police Department budget couldn't be amended and that wouldn't coincide with the council's direction that all areas of the city budget are expected to participate in budget reductions. He now understands that this grant is about maintaining the current level of sworn personnel. Item 6A, Resolution accepting the feasibility study for Pine Street paving improvements — City Engineer Studenski reported that, after careful review, the feasibility study proposes a project estimate somewhat changed from the original. Costs are clearly broken down in the report. Staff has worked with the City of Columbus and CITY COUNCIL WORK SESSION September 28, 2009 DRAFT • 1 can report that they (the City of Columbus) will bring the improvement project forward to 2 their council within the next couple of weeks. He reviewed the proposed project schedule 3 as well as maps of the area flood plains and soil. He added that, based on the petitioning 4 process, they are only proposing an improvement project up to 4th Avenue. 5 6 Item 6B, First Reading of Ordinance relating to a Tax Imposed Upon Lodging - 7 Economic Development Coordinator Divine explained that she had discussed previously 8 the possibility of a group of cities in the vicinity of Lino Lakes opting out of the 9 Minneapolis North tourism group and starting a new group focusing more on the needs of 10 the northeast metro. The tourism groups function with revenue from a lodging tax and 11 the ordinance before the council would establish such a tax in the city. As the group 12 forms, the city would eventually be asked to enter into a joint powers agreement 13 establishing the terms of participation. Ms. Divine noted that the city has received a letter 14 of support for this action from both of the hotels located in the city. The group functions 15 under the direction of a board and the city will eventually be asked to appoint one 16 representative to that group (most often that would be the city administrator, economic 17 development staff or mayor). 18 19 Connie Sutherland, 889 Main Street, remarked that a convention and visitors bureau 20 (CVB) is the focal point where all groups seeking convention facilities go to plan their 21 events. By not being connected to that resource, this area is definitely missing out. 22 23 Item 6C, Extending Deadlines for: i) Main Street Village; ii) The Preserve; and iii) 24 Moon Marsh — City Planner Smyser noted that the council has previously adopted an 25 ordinance changing the staging plan and preliminary plat deadline requirements for 26 planned unit developments The three projects noted will not be meeting the deadlines 27 due to widespread development slowdown in the region. Staff recommends approval of 28 the extensions in these three cases. 29 30 Item 6D, I -35E /CSAH (Main Street) Interchange — Community Development Director 31 Grochala requested that this item, relating to ordering the improvement and authorizing 32 execution of a joint powers agreement with Anoka County for the project, be removed 33 from the council agenda. Staff plans to bring these matters forward to a special council 34 meeting to be held on October 5, 2009 at 5:30 p.m. Discussion is still underway with 35 Anoka County on elements of the financing proposal. 36 37 The meeting was adjourned at 6:35 p.m. 38 39 These minutes were considered, corrected and approved at the regular Council meeting held on 40 October 12, 2009. 41 42 43 • 44 Julianne Bartell, City Clerk John Bergeson, Mayor 45 COUNCIL MINUTES September 28, 2009 DRAFT • 1 CITY OF LINO LAKES 2 MINUTES 3 REGULAR COUNCIL MEETING 4 5 6 DATE : September 28, 2009 7 TIME STARTED : 6:40 p.m. 8 TIME ENDED : 7:40 p.m. 9 MEMBERS PRESENT : Council Members Gallup, Reinert, O'Donnell, 10 and Mayor Bergeson 11 MEMBERS ABSENT : Council Member Stoltz 12 13 Staff members present: Acting City Administrator Dan Tesch; City Attorney Joseph Langel; 14 Director of Public Safety Dave Pecchia; Director of Community Development Michael Grochala; 15 City Engineer Jim Studenski; City Planner, Jeff Smyser; City Clerk, Julie Bartell. 16 17 PUBLIC COMMENT /OPEN MIKE 18 Kevin Stanton, 1157 Main Street, proposes that the city change its oil use to Amsoil, a less 19 expensive alternative to the oil products currently being used by the city. Mr. Stanton remarked 20 that he has a presentation on this topic that he'd be happy to present to the council. 21 • 22 Mayor Bergeson suggested that the subject would be more appropriately considered at a council 23 work session. 24 25 SETTING THE AGENDA 26 The agenda was amended to add receiving input from those present wishing to address the 27 council regarding the 35W sound wall petition and to delete Items 6D (i) & (ii). 28 29 ADDED ITEM 30 31 Petition for installation of a noise wall on the south side of I -35W - A group of residents had 32 earlier submitted a petition signed by 63 individuals requesting a fence /noise barrier along the 33 south side of highway I -35W from Sunset Street to just past St. Joseph's Church or the 34 elementary and middle school. Some additional signatures were submitted at the meeting. 35 36 Sharon George, 96 Willow Pond Trail, noted that she is a resident of seven years and the noise 37 from the adjacent highway has been difficult to take. With the installation of the wall on the 38 other side of the roadway, the noise has gotten worse. 39 40 Joyce Dahle, 107 Willow Pond Trail, stated that she lives 74 feet from the freeway fence. The 41 noise wakes her up at night and it has gotten worse with the installation of the wall on the other 42 side. Exhaust fumes and dust from the cars are additional problems. 43 411 44 Chris Schneider, 23 Elm Street, remarked that she is a resident of 11 years, having moved to the 45 area for the school district. Her home abuts I -35W and she has watched the traffic grow and COUNCIL MINUTES September 28, 2009 DRAFT 046 grow over those 11 years. The noise has gotten continually worse especially with the addition 47 of a noise wall on the other side. There are also safety issues with animals running onto the 48 roadway and people coming from cars to adjacent homes. Property value has been lost. 49 50 Ward Greenbush, 85 Willow Pond Trail, noted that his home abuts the freeway area in question; 51 it is very noisy and dust is a huge problem. The noise has doubled, maybe even tripled, since 52 the installation of the wall on the other side. 53 54 Dustin Bremness, 11 Elm Street, resident of 12 years, has noticed that the traffic and noise from 55 I -35W has gotten worse in the last few years. This will continue to get worse as areas expand to 56 the north of the city. 57 58 Ken Johnson, Willow Ponds community, explained that he utilizes hearing aids and the freeway 59 noise is awful for him. Installation of the wall across the roadway has made the problem worse 60 on his side. 61 62 The council directed staff to convey these concerns to the Minnesota Department of 63 Transportation (MnDOT), to research all ways of dealing with highway noise, and to report back 64 to the council on the matter at a work session. Staff indicated that they will attempt to have a 65 representative from MnDOT attend also. 66 •67 The residents asked to be kept informed and designated Ms. Chris Schneider as their 68 representative for that information. 69 70 CONSENT AGENDA 71 Council Member Gallup moved to approve the Consent Agenda. Council Member O'Donnell 72 seconded the motion. Motion carried. Council Member Stoltz was absent. 73 74 ITEM ACTION 75 76 1A. Consideration of Expenditures: 77 i) September 28, 2009 (Check No. 86722 through 86795), 78 8384,251.31; Approved 79 ii) Centennial Fire District (Check No. 3960 through 3978), 80 $37,428.17 Approved 81 82 1B. Approval of Resolution No. 09 -70, Appointing Election Judges Approved 83 84 1C. Approval of September 8, 2009 Council Work Session Minutes Approved 85 86 1D. Approval of September 14, 2009 City Council Meeting Minutes Approved 87 88 1E. Approval of Application to Conduct Excluded Bingo submitted 89 by Blue Heron PTO, for event on November 19, 2009 Approved 90 COUNCIL MINUTES September 28, 2009 DRAFT •91 1F. Approval of Resolution No. 09 -80 Declaring October as Domestic 92 Violence Awareness Month Approved 93 94 1G. Approval of August 25, 2009 Special Work Session Minutes Approved 95 96 1H. Approval of August 31, 2009 Special Work Session Minutes Approved 97 98 1L Approval of September 8, 2009 Special City Council Meeting 99 Minutes Approved 100 101 FINANCE DEPARTMENT REPORT, AL ROLEK 102 There was no report from the Finance Department. 103 104 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 105 3A. Second Reading and Passage of Ordinance No. 06 -09, Amending Section 3.01 of the 106 Lino Lakes City Charter to require that council meetings be televised 107 108 It was noted that the ordinance would require an affirmative vote of all council members for 109 approval. Council Member Stoltz was not going to be present this evening. 110 111 City Attorney Langel noted that the deadline for council action on the ordinance is October 8, W112 2009. Therefore, the council could: a) vote on the matter this evening knowing that it could not 113 pass; or b) table the matter for consideration at the upcoming October 5, 2009 special council 114 meeting. 115 116 Council Member Reinert moved to table second reading and adoption of Ordinance No. 06 -09 to 117 the special council meeting on October 5, 2009. Council Member O'Donnell seconded the 118 motion. Motion carried. Council Member Stoltz was absent. 119 120 3B. Conditional offer of employment to Matt Paulson for the position of police officer 121 122 Council Member O'Donnell moved to approve the conditional offer of employment as 123 presented. Council Member Gallup seconded the motion. Motion carried. Council Member 124 Stoltz was absent. 125 126 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 127 4A. Resolution No. 09 -79, Accepting Recovery Act Assistance Grant in the amount of 128 $336,645 129 130 Police Chief Pecchia reported that he is requesting authorization to accept a grant for the police 131 department in the amount of $336,645 (over two years). The grant funds would be used to fund 132 two police officer positions and to continue the department's transition from problem oriented 133 policing to intelligence led policing. 134 COUNCIL MINUTES September 28, 2009 DRAFT 435 Council Member Gallup moved to approve Resolution No. 09 -79 as presented. Council 136 Member Reinert seconded the motion. Motion carried. Council Member Stoltz was absent. 137 138 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 139 140 There was no report from the Public Services Department. 141 142 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 143 6A. Resolution No. 09 -71 Accepting Feasibility Study, Pine Street Paving improvements 144 145 City Engineer Studenski reviewed the results of the feasibility study conducted for 146 improvements on Pine Street. Staff is working with the City of Columbus as Pine Street is 147 located in both Columbus and Lino Lakes. They have worked also with the watershed district 148 on flood plain and soil matters and the results of that work is presented in the maps included in 149 his written report. The study broke the project into two segments — up to 4th Avenue and the 150 entire length past 4th Avenue. Based on evidence that there is strong support for a project only 151 up to 4th Avenue, staff is recommending proceeding only with that segment for improvement. A 152 public hearing on the project is proposed for October 26, 2009. 153 154 Council Member O'Donnell moved to approve Resolution No. 09 -71 as presented. Council 155 Member Gallup seconded the motion. Motion carried. •56 157 6B. First Reading of Ordinance No. 07 -09 Imposing a Tax on Lodging, Mary Alice 158 Divine 159 160 Economic Development Coordinator Divine recalled that seven cities in the north metro area 161 recently opted out of the existing convention & visitors bureau (CVB) Visit Minneapolis North 162 with the idea of establishing a new CVB called Minnesota Metro North Tourism that would be 163 geared more toward the area. The council passed a resolution at that time supporting the city's 164 participation in that newly created CVB. Funding for the organization comes from lodging tax 165 and staff is bringing forward an ordinance that would put such a tax in place for the lodging 166 facilities in Lino Lakes. The city has received a letter of support for this action from both of the 167 hotels located in the city. The group would function under the direction of a board and the city 168 would eventually be asked to appoint one representative to that group (most often that would be 169 the city administrator, economic development staff or mayor). The proposed ordinance outlines 170 the requirements for the collection of the tax and the process for administration; the tax would 171 become effective in January 2010. 172 When a council member asked if the city would be permanently tied to the organization and its 173 activities, Ms. Divine replied that there is a two -year commitment up front. The organization's 174 leader, Mr. Connelly, will attend a future council meeting. 175 A representative (manager) of the County Inn and Suites in Lino Lakes told the council that 176 participation with this organization could only help bring business to the area hotels. • COUNCIL MINUTES September 28, 2009 DRAFT 4177 Council Member O'Donnell moved to approve the first reading of Ordinance No. 07 -09 as 178 presented. Council Member Gallup seconded the motion. Motion carried. Council Member 179 Stoltz was absent. 180 181 6C. Extending Deadlines 182 i. Resolution No. 09 -76, Extending Deadlines for Main Street Village Planned 183 Unit Development and Conditional Use Permits, Jeff Smyser 184 185 ii. Resolution No. 09 -77, Extending Deadline for The Preserve Planned Unit 186 Development, Jeff Smyser 187 188 iii. Resolution No. 09 -78, Extending Deadlines for Moon Marsh Planned Unit 189 Development, Jeff Smyser 190 191 City Planner Smyser noted that the council has previously adopted an ordinance changing the 192 staging plan and preliminary plat deadline requirements for planned unit developments. These 193 three projects will not be meeting the deadlines due to widespread development slowdown in the 194 region. Staff recommends approval of the extensions in these three cases. 195 Council Member Reinert moved to approve Resolutions No. 09 -76 09-77, and 0 - pp 9 78 as 196 presented. Council Member Gallup seconded the motion. Motion carried. Council Member 197 Stoltz was absent. *98 199 6E. Resolution No. 09 -74, Approving Change Order No. 18, I -35W /CSAH 23 200 (Lake Drive) Interchange Improvement Project 201 202 Community Development Director Grochala reviewed his request for approval of a change order 203 impacting the I -35W /CSAH 23 (Lake Drive) Interchange Project. The change provided for a 204 remedy to a ditch erosion problem. 205 206 Council Member O'Donnell moved to approve Resolution No. 09 -74 as presented. Council 207 Member Gallup seconded the motion. Motion carried. Council Member Stoltz was absent. 208 209 UNFINISHED BUSINESS 210 211 There was no unfinished business. 212 213 NEW BUSINESS 214 215 There was no new business. 216 217 218 219 There being no further business, Council Member Gallup moved to adjourn at 7:35 p.m. 1,21 absent. Council Member Reinert seconded the motion. Motion carried. Council Member Stoltz was 221 absent. 022 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 • • COUNCIL MINUTES DRAFT September 28, 2009 These minutes were considered and approved at the regular City Council Meeting on October 12, 2009. Julianne Bartell, City Clerk John Bergeson, Mayor f# tO*144 Community Calendar— A Look Ahead September 28, 2009 through October 12, 2009 Wednesday, September 30 Thursday, October 1 Monday, October 5 Monday, October 5 Thursday, October 8 Monday, October 12 cancelled 7:00 am, Community Room 5:30 pm, Community Room cancelled (rescheduled to Oct 27) 6:30 pm, Community Room 6:30 pm, Council Chambers Environmental Board EDAC Council Work Session Park Board Charter Commission Council Meeting