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Home My WebLink About12/28/2009 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, December 28, 2009 xr.xr.xxxxxxx 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Gallup & Roeser Acting City Administrator Dan Tesch UNCI Community Room (not televised) Review of Regular Meeting Agenda 'N ➢ Call to Order and Roll Call 6:40 p.m. — Present were Mayor Bergeson, Council Members Reinert, Gallup, O'Donnell and Roeser ➢ Pledge of Allegiance ➢ Open Mike / Public Comment No comments ➢ Setting of Agenda The agenda was amended to add presentation of a plaque to outgoing Mayor John Bergeson; and to remove Item 5B z A) Consideration of Expenditures: i) December 28, 2009 (Check No. 87361 through 87445) in the amount of $179,848.49; ii) Centennial Fire District (Check No. 4091 through 4116) in the amount of $63,357.58 Pg 3 -18 B) Consider approval of December 7, 2009 Council Work Session Pg 19 -22 Minutes C) Consider approval of December 14, 2009 City Council Meeting Pg 23 -27 Minutes D) Consider Resolution No. 09 -118, Contract for Joint Usage of Pg 28 -32 Water Facilities Between City of Lino Lakes & the City of Centerville Action Taken: Motion by O'Donnell, seconded by Gallup, to approve the Consent Agenda, Items 1A through 19, was adopted 14 Council Agenda -2- 12/28/2009 EXPANDED AGENDA FINANCE DEPARTMENT REPORT, Al's No report ADMINISTRATION DEPARTMENT REPORT, Dan Tesc` A) Consider Memorandum of Understanding extending Local 49 Pg 33 -36 (public works employees) labor agreement for one year with negotiated amendments B) Consider Memorandum of Understanding extending AFSCME Pg 37 -39 Local 2454 labor agreement for one year with negotiated amendments C) Consider Memorandum of Understanding regarding L.E.L.S. Pg 40 -41 Local 299 (police officers) current labor agreement D) Consider Memorandum of Understanding regarding L.E.L.S. Pg 42 -43 Local 260 (police sergeants) current labor agreement Action Taken: Motion by Reinert, seconded by O'Donnell, to postpone Items 3A through 3D, was adopted (it was noted that these items will be discussed at the January 4, 2010 work session) PUBLIC SAFETY m No report PUBLIC SERRVIIGES. ART ave Pecc I ENT REPORT, Rick DeGard A) Consider Resolution No. 09 -117, Dissolution of Site Agreement Pg 44 -46 Between the City of Lino Lakes & Centennial School District No. 12 Action Taken: Motion by O'Donnell, seconded by Roeser, to approve Resolution No. 09 -117 as presented, was adopted B) Consider Resolution No. 09 119, Approving Clear Wireless LLC Pg 47 60 Communication Site Lease Agreement U LOPt Michael Grochala '. No report UNFINISHED BUSK' None NEW BUSINESS None Council Agenda Adjournment Action Taken: Motion by Bergeson, seconded by Reinert, to adjourn, was adopted -3- EXPANDED AGENDA 12/28/2009 Community Calendar- A Look Ahead December 29, 2009 through January 11, 2010 Thursday, December 31 Friday, January 1, 2010 4- Monday, January 4 4- Monday, January 4 4- Thursday, January 7 4- Monday, January 11 New Year's Eve New Year's Day 5:30 pm, Community Room 6:30 pm, Council Chambers 7:00 am, Community Room 6:30 pm, Council Chambers City Hall Closed City Hall Closed Council Work Session Park Board EDAC Council Meeting • • • Monday, December 28, 2009 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Gallup & Roeser Acting City Administrator Dan Tesch Community Room (not televised) Review of Regular Meeting Agenda ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Open Mike / Public Comment ➢ Setting the Agenda: Addition or deletion of agenda items A) Consideration of Expenditures: i) December 28, 2009 (Check No. 87361 through 87445) in the amount of $179,848.49; ii) Centennial Fire District (Check No. 4091 through 4116) in the amount of $63,357.58 Pg 3 -18 B) Consider approval of December 7, 2009 Council Work Session Pg 19 -22 Minutes C) Consider approval of December 14, 2009 City Council Meeting Pg 23 -27 Minutes D) Consider Resolution No. 09 -118, Contract for Joint Usage of Pg 28 -32 Water Facilities Between City of Lino Lakes & the City of Centerville E DEPARTMENT REPORT No report Council Agenda -2- 12/28/2009 A) Consider Memorandum of Understanding extending Local 49 Pg 33 -36 (public works employees) labor agreement for one year with negotiated amendments B) Consider Memorandum of Understanding extending AFSCME Pg 37 -39 Local 2454 labor agreement for one year with negotiated amendments C) D) Consider Memorandum of Understanding regarding L.E.L.S. Pg 40 -41 Local 299 (police officers) current labor agreement Consider Memorandum of Understanding regarding L.E.L.S. Pg 42 -43 Local 260 (police sergeants) current labor agreement No report A) Consider Resolution No. 09 -117, Dissolution of Site Agreement Pg 44 -46 Between the City of Lino Lakes & Centennial School District No. 12 B) Consider Resolution No. 09 -119, Approving Clear Wireless LLC Pg 47 -60 Communication Site Lease Agreement No report None None Community Calendar - A Look Ahead December 29, 2009 through January 11, 2010 Thursday, December 31 Friday, January 1, 2010 Monday, January 4 Monday, January 4 Thursday, January 7 Monday, January 11 New Year's Eve New Year's Day 5:30 pm, Community Room 6:30 pm, Council Chambers 7:00 am, Community Room 6:30 pm, Council Chambers City Hall Closed City Hall Closed Council Work Session Park Board EDAC Council Meeting • EXPENDITURES December 28, 2009 • • Date: 12/23/2009 Time: 09:44:52 Ranges: Operator: KKF Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: (A) (A) (A) (A) (A) (R) 8330 - 8343 (A) Options: Print Ranges /Options: Y # of copies: 1 Page on Department: N Department Vendor Name Description MAYOR /COUNCIL MAYOR /COUNCIL MAYOR /COUNCIL MAYOR /COUNCIL ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION SENIORS FINANCE FINANCE ECONOMIC DEVELOPMENT ECONOMIC DEVELOPMENT ECONOMIC DEVELOPMENT ECONOMIC DEVELOPMENT ECONOMIC DEVELOPMENT AFSCME COUNCIL #5 DEC 2009 DUES ANOKA COUNTY EASEMENT ENCROACHMENT -FE LAW ENFORCEMENT LABO DEC 2009 DUES MN CHILD SUPPORT PAY BRIAN C HRONSKI #0014011 Total for Department MAIN FLORAL LTD, INC GREEN PLANT - P TASCHUCK NYSTROM PUBLISHING C NEWS /PARKS /RECREATION GU ICMA J. LYNN MILEAGE /MEETING/ ST. PAUL SAINTS EE APPRECIATION RESERVAT Total for Department 401 AVENET, LLC ANOKA COUNTY GOVERNM PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PRESS PUBLICATIONS, PRESS PUBLICATIONS, PRESS PUBLICATIONS, PRESS PUBLICATIONS, TIER ONE HOSTING MAINTEN SUBSCRIPTION (2) MEETING LUNCH BREAKROOM SUPPLIES GET WELL CARD /MISC CARDS MCFOA PARKING MEETING LUNCH RETURN ITEM SHIPPING SOFTWARE RENEWAL LICENSE 10 -09 ORD PUBLICATION 11 -09 ORD PUBLICATION 13 -09 ORD PUBLICATION ORD 09 -09 PUBLICATION Total for Department 402 TDS METROCOM MN MONTHLY PHONE CHARGES Total for Department 406 PETTY CASH PARKING AT U OF M ROSEVILLE, CITY OF DEC 09 IT JOINT POWERS.A Total for Department 407 PETTY CASH QUAD AREA CHAMBER TKDA MILEAGE REIMBURSEMENT TKDA NE QUADRANT 35E /CSAH 14 II 5 BANK VISA CONFERENCE REGISTRATION BENNETT COMMUNITY CO RESEARCH - PREPARE PRESE Total for Department 415 Amount 909.09 46.00 1,050.0D 681.40 2,686.49* 34.23 5,500.21 439.01 1,202.72 7,176.17* 1,155.0D 100.00 20.00 26.56 7.16 5.00 15.00 25.76 10.68 125.21 29.81 65.59 47.70 1,633.47* 37.76 37.76* 6.00 5,769.58 5,775.58* 15.00 23.10 1,527.83 99.00 800.00 2,464.93* • Date: 12/23/2009 Time: 09:44:53 • Department Operator: KKF Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description PLANNING & ZONING PLANNING & ZONING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING COMM DEV POLICE POLICE POLICE POLICE LICE CE CE .ICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE • SMYSER, JEFF MET COUNCIL MEETNG PARKI U S BANK VISA SENSIBLE LAND USE Total for Department 416 TKDA TKDA TKDA TKDA TKDA TKDA TKDA TKDA TKDA TKDA TKDA TKDA TKDA 2009 GEN FUND ENGRG SVCS 35W NOISE WALL MEETING ANOKA COUNTY BIRCH STREET CORRIDOR ST GIS /GPS I35E /MAIN STR INTERCHANG MNDOT ANNUAL STATE AID M MS4 MPCA STAKEHOLDERS ME P & Z MEETING PAVEMENT MGMT PINE STREET PAVING RESIDENT STREET ISSUES STATE AID SYSTEM UPDATE Total for Department 417 OFFICE OF THE SECRET NOTARY COMMISSION STAMP Total for Department 418 SPRING LAKE PARK POL PREMIUM WATERS, INC. AID ELECTRIC SERVICE STAPLES BUSINESS ADV STAPLES BUSINESS ADV ANOKA COUNTY CENTRAL ANOKA COUNTY CENTRAL TDS METROCOM MN ASPEN MILLS, INC. CONNEXUS ENERGY FBINAA NORTHWEST CHA MIDWEST RADAR & EQUI OL-L'L.R LAKE ANIMAL CA ANOKA COUNTY SHERIFF SAM'S CLUB, INC. SAM'S CLUB, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STANDARD TRAINING CARTRI DEC 09 WATER SERVICE CIVIL SIREN INSPECTION & BNDR /COPY PAPER FLDR /INK CLRG /FILE PKT /B 2 MOTOROLA XTS2500 PORTA VERIZON WIRELESS INTEREN MONTHLY PHONE CHARGES CB LT BAR /CAPTAIN BARS MONTHLY SIREN ENERGY CHA D. PECCHIA & K. MCCARTHY RADAR TESTS IMPOUND /BOARDING FEE COST FOR USE OF ANOKA CO B HAMMES SHEET CAKES LLPD SUPPLIES B YOUNG UNIFORM ALLOWANC BALL VEST /EXTREME HP MAL C BOEHME UNIFORM ALLOWAN C BRAGELMAN UNIFORM ALLO C SCHIRMERS UNIFORM ALLO C SHIRMERS UNIFORM ALLOW D PECCHIA UNIFORM ALLOWA D THILL UNIFORM ALLOWANC GUN CASE J MCINTOSH UNIFORM ALLOW P NOLL UNIFORM ALLOWANCE RETURNED ITEMS -C SCHIRME Amount 14.55 200.00 214.55* 3,428.97 203.33 271.10 271.10 810.06 1,016.63 203.33 609.98 1,491.05 3,793.70 34.53 1,315.18 1,178.35 14,627.31* 40.00 40.00* 1,150.00 26.14 558.25 134.15 124.34 4,412.52 774.18 675.13 20.89 21.37 150.00 360.00 520.22 320.62 69.74 7.73 55.56 734.99 19.23 524.66 887.44 16.00 194.49 12.99 33.12 529.05 117.53 - 128.97 Date: 12/23/2009 Time: 09:44:53 Department Operator: KKF Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount POLICE POLICE POLICE POLICE POLICE POLICE STRETCHER'S, INC STREICHER'S, INC STREICHER'S, IN STRETCHER'S, IN U S BANK VISA U S BANK VISA Total T PETERSON UNIFORM ALLOW TRAINING AMMO /ORANGE,RED C. V KLOSNER UNIFORM ALLOWA C. W OWENS UNIFORM ALLOWANC LATE /FINANCE CRGES PHONE ORDER for Department 420 BUILDING INSPECTIONS RYLANDER, VERNON BUILDING INSPECTIONS TKDA BUILDING INSPECTIONS AVON BUSINESS FORMS Total STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET V RYLANDER CLOTHING ALLO LABOR CHARGES SEPTIC TANK PUMPING /INSP for Department 422 AMERICAN FASTENER & TDS METROCOM MN CONNEXUS ENERGY MICKELSON, LESTER XCEL ENERGY TKDA U S BANK VISA VIKING INDUSTRIAL CE VIKING HX CAP /LK WASHERS /HX NUT MONTHLY PHONE CHARGES MONTHLY STR LIGHT CHARGE L MICKELSON CLOTHING ALL MONTHLY ENERGY USAGE 2009 SURFACE WATER MGMT NORTHERN GREEN EXPO GLOVES /SPORT JALKY.1 LINE INDUSTRIAL CE T MECKLE CLOTHING ALLOWA WRIGHT /HENNEPIN CO -O MONTHLY SVC Total for Department 430 ZIEGLER, INC. AMERICAN FASTENER & MN DEPT OF LABOR /IND O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, O'REILLY AUTOMOTIVE, EGAN OIL COMPANY L.T.G. POWER EQUIPME PETTY CASH PETTY CASH ST. JOSEPH EQUIPMENT ST. JOSEPH EQUIPMENT ST. JOSEPH EQUIPMENT ST. JOSEPH EQUIPMENT ZEP MANUFACTURING CO TOUSLEY FORD, INC. TOUSLEY FORD, INC. MISC PARTS /CATERPILLAR C HX CAP /LK WASHERS /HX NUT LINO LAKES CITY FIRE STA BRAKE CALIPERS FUEL /OIL FILTERS /ADAPTER FUSES HALOGEN IRIDIUM PLUG RETURN OIL /FUEL FILTERS POLARIS SNOWMOBILE SPARK PUSH BUTTON /FUEL INJ SPARK PLUG WINTER BLADES WIPER BLADES UNL GASOHOL PURCHASE BELT -V LICENSE RATCHETG STRAP 10297134 /HO0 RETURN CONNECTOR /PLUG /BULK PLUG MISC PARTS /AT103277 PIN WASHER /HUSHING /NUT ZEP CHERRY BOME /ZEP FORM CORE EXCHANGE /MISC PARTS GASKET /STUD /HUT /HEX RET 148.96 269.33 109.99 45.95 65.48 24.03 12,985.13* 324.71 172.63 156.57 653.91* 13.76 37.94 1,044.04 72.16 295.51 3,974.91 79.00 24.64 4.11 180.00 5,726.07* 86.04 .49 10.00 201.61 52.17 30.91 34.24 -59.76 32.04 6.3B -74.45 2.13 70.97 68.07 4,760.60 64.53 9.50 16.12 -66.26 340.28 669.47 185.72 227.47 469.01 63.25 • Date: 12/23/2009 Time: 09:44:53 • Department Operator: KKF Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount Total for Department 431 GOVERNMENT BUILDINGS ACE SOLID WASTE, INC GOVERNMENT BUILDINGS DEEP ROCK WATER COMP GOVERNMENT BUILDINGS STAPLES BUSINESS ADV GOVERNMENT BUILDINGS TDS METROCOM MN GOVERNMENT BUILDINGS MINVALCO, INC. GOVERNMENT BUILDINGS C. P. OFFICE PRODUCT GOVERNMENT BUILDINGS CENTENNIAL UTILITIES GOVERNMENT BUILDINGS CONNEXUS ENERGY GOVERNMENT BUILDINGS LIFE SAFETY SYSTEMS, GOVERNMENT BUILDINGS CENTERPOINT /MINNEGAS GOVERNMENT BUILDINGS CENTERPOINT /MINNEGAS GOVERNMENT BUILDINGS XCEL ENERGY GOVERNMENT BUILDINGS PETTY CASH GOVERNMENT BUILDINGS PETTY CASH GOVERNMENT BUILDINGS PITNEY BOWES, INC. GOVERNMENT BUILDINGS U S BANK VISA GOVERNMENT BUILDINGS U S BANK VISA GOVERNMENT BUILDINGS COMCAST GOVERNMENT BUILDINGS MASTER TECHNOLOGY GR GOVERNMENT BUILDINGS ROSEVILLE, CITY OF Total for PARKS PARKS 4111FS PARKS PARKS ENVIRONMENTAL ENVIRONMENTAL ENVIRONMENTAL FORESTRY ADULT SPORTS ADULT SPORTS • RECYCLE /RUBBISH REMOVAL WATER /BOTTLE DEPOSIT TONER /COLOR CRTG MONTHLY PHONE CHARGES JOHNSON DA VERTICAL STAT MOUSE PAD /GLUE /LABEL /PAP 600 TOWN CTR PKWY /CITY C MONTHLY STORAGE BLDG CHA ANNUAL MONITORING CHARGE 1187 MAIN ST GAS USAGE 1189 MAIN ST GAS USAGE MONTHLY ENERGY USAGE BAKING SODA DOOR STOP RENTAL /REFILL CHARGES CALENDAR REFILL PLANNER REFILL PAGES MONTHLY HIGH SPEED INTER INSTALLED 6 STRAND SINGL DEC 09 PHONE SUPPORT Department 432 ANOKA COUNTY GOVERNM SUBSCRIPTION CENTENNIAL UTILITIES 6918 SUNRISE GAS USAGE CENTENNIAL UTILITIES 7204 LAKE DR GAS USAGE CONNEXUS ENERGY MONTHLY PARK ENERGY CHAR CENTERPOINT / MINNEGAS 1179 MAIN ST GAS USAGE CENTERPOINT/MINNEGAS 6520 PHEASANT RUN GAS US U S BANK VISA EAB LEARNING FROM EXPERT U S BANK VISA NORTHERN GREEN EXPO Total for Department 450 PAYNE, TIM U S BANK VISA U S BANK VISA T PAYNE CLOTHING ALLOWAN EAB LEARNING FROM EXPERI NORTHERN GREEN EXPO Total for Department 461 MCMILLIN, STEPH OAK WILT /HIGH RISK TREE Total for Department 463 Total for Fund 101 CELOTTA, DAYIUS TURV PROGRAM REFUND /BREAKFAST Total for Department CENTENNIAL SCHOOLS FACULITY CANCELLATION MRPA BASKETBALL REGISTRATION Total for Department 202 7,220.53* 338.30 13.86 594.23 122.90 213.51 209.73 4,105.02 1,117.81 347.34 178.63 126.34 7,112.90 4.16 7.00 279.46 36.37 135.69 34.95 2,218.00 951.30 18,147.5D* 100.00 129.89 105.51 64.32 65.00 50.21 150.0D 316.00 980.93* 380.00 150.00 158.00 688.00* 455.29 455.29* 81,513.62* 24.00 24.00* 30.00 102.00 132.00* Date: 12/23/2009 Time: 09:44:53 Department Operator: KKF Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount SPECIAL SPECIAL SPECIAL SPECIAL SPECIAL SPECIAL SPECIAL SPECIAL SPECIAL EVENTS /TRIPS EVENTS /TRIPS EVENTS /TRIPS EVENTS /TRIPS EVENTS /TRIPS EVENTS /TRIPS EVENTS /TRIPS EVENTS /TRIPS EVENTS /TRIPS BLAINE, CITY OF CIRCLE PINES POST LINO LAKES SENIOR LINO LAKES SENIOR PETTY CASH PETTY CASH U S BANK VISA U S BANK VISA U S BANK VISA YOUTH INSTRUCTIONAL GLSPORTS YOUTH SPORTS YOUTH SPORTS YOUTH SPORTS OTHER OTHER GLSPORTS GLSPORTS GLSPORTS TKDA TKDA OF CE CE TICKETS FOR RECREATION D POSTAGE FOR SANTA LEI la HELP FROM SENIORS FOR SA SUPPLIES FOR SANTA BREAK BOOKS PLACEMATS BREAKFAST W /SANTA CRAFTS LE11ER FROM SANTA PAPER PRINTER CARTRIDGE FOR BR Total for Department 205 YOUTH FOOTBALL /FASTPITCH Total for Department 207 55" POP UP DUMMY /YOUTH F FOOTBALL SIDELINE MARKET YOUTH FOOTBALL /FASTPITCH Total for Department 208 Total for Fund 201 2009 OVERY PROJECT 2009 SEALCOAT PROJECT Total for Department 499 Total for Fund 421 OTHER TKDA STORMWATER FORUM /ORDINAN Total for Department 499 OTHER OTHER WATER WATER WATER WATER WATER WATER WATER WATER Total for Fund 422 LUNDA CONSTRUCTION C LAKE DR /35W INTERCHANGE Total for Department 499 Total for Fund 471 KENNEDY AND GRAVEN, I35 & MAIN STREET INTERC Total for Department 499 Total for Fund 474 INSTRUMENTAL RESEARC TDS METROCOM MN MINNESOTA PIPE & EQU BUDIG, TIM CENTENNIAL UTILITIES CONNEXUS ENERGY HAWKINS , INC. FRATTALLONE'S HARDWA TOTAL COLIFORM BACTERIA MONTHLY PHONE CHARGES LOWER & UPPER TUBE /SUPPO T BUDIG CLOTHING ALLOWAN 4TH QTR 2009 WATER & SEW MONTHLY WELLHOUSE ENERGY HYDRO ACID /DEL DRUM /SPAD ACID MURIATIC GALLON 1,423.00 105.60 200.00 220.30 12.86 14.08 16.57 27.92 10.70 2,031.03* 66.38 66.38* 2,770.20 320.15 314.54 3,404.89* 5,658.30* 103.58 103.58 207.16* 207.16* 813.30 813.30* B13.30* 18,697.27 18,697.27* 18,697.27* 963.50 963.50* 963.50* 142.50 113.28 3,930.11 220.04 246.14 630.55 397.34 6.94 • Date: 12/23/2009 Time 09:44:53 • Department Operator: KKF Page: 6 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 WA1'Ek WATER WATER SEWER SEWER SEWER SEWER SEWER SEWER �.R —4ER • GOPHER STATE ONE CAL GOPHER STATE ONE CAL HIT,T.PSHEIM, TIM INFRATECH TECHNOLOGI CENTERPOINT /MINNEGAS CENTERPOINT /MINNEGAS XCEL ENERGY PETTY CASH TKDA HD SUPPLY WATERWORKS HD SUPPLY WA'1'EKWORKS HD SUPPLY WATERWORKS HD SUPPLY WATERWORKS HD SUPPLY WATERWORKS HD SUPPLY WATERWORKS HD SUPPLY WATERWORKS AUG 09 LOCATES NOV 09 LOCATES T HIT,T.FSHEIM CLOTHING AL BAGS OF HYPERFORM 6774 BLACK DUCK TR GAS U 6786 CLEARWATER CREEK GA MONTHLY ENERGY USAGE POSTAGE 2009 GEN FUND ENGRG SVCS 3/4" METER GASKETS 3/4" METERS 3/4" SRII PARTS METER INSTALLS LABOR METERS & PARTS OMNI 6" C2 1000GAL METER TOUCH CPLR MXU'S Total for Department 494 Total for Fund 601 CENTENNIAL UTILITIES CENTENNIAL UTILITIES CONNEXUS ENERGY FRATTALLONE'S HARDWA FRATTALLONE'S HARDWA GOPHER STATE ONE CAL GOPHER STATE ONE CAL HSBC BUSINESS SOLUTI MPCA TKDA Total for 4TH QTR 2009 WATER & SEW SUNRISE GAS USAGE MONTHLY LIFTSTATION ENER BUSHING HEX /COUPLE FLEX/ GLUE EPDXY AUG 09 LOCATES NOV 09 LOCATES ADJ TRAILER DOLLY 600 APPLICATION FOR WASTEWAT 2009 GEN FUND ENGRG SVCS Department 495 Total for Fund 602 ANOKA COUNTY CUP FOR NORTH SPRINGS CH BLUE TOW SERVICE, IN CN PRESS PUBLICATIONS, TKDA TKDA AVALON HOMES, INC. Total for Department 09- 284503 MAZDA 4 D00 BOARHOUSE C.U.P /LEGAL NO NORTH SPRINGS CHURCH /NOV THE PRESERVE /NOV. 09 139 MORGAN LANE ESCROW R Total for Fund 801 Grand Total 201.55 97.88 62.46 897.75 95.18 133.97 41.66 8.51 1,567.12 135.52 2,751.97 50.66 567.00 2,242.32 4,943.77 45,706.40 65,190.62* 65,190.62* 76.04 13.61 286.28 30.28 5.12 201.55 97.87 85.69 32.00 1,567.12 2,395.56* 2,395.56* 46.00 226.56 31.80 1,569.25 135.55 2,400.0D 4,409.16* 4,409.16* 179,848.49* Date: 12/2372009 Time: 09:46 :24 City of Lino Lakes FM Entry - Invoice Journal Ranges: Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 8329 8338 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Operator: KKF Page: 1 Options: Detail / Summary: S Invoice Status: A # of copies: 1 Sort: N Check Over Expend: N Discount Vendor # Name # of items Net Gross Discount Lost 000023 SPRING LAKE PARK POLICE DEPARTMENT 1 1,150.00 1,150.00 .00 .00 000030 ZIEGLER, INC. 1 86.04 86.04 .00 .00 000057 PREMIUM WATERS, INC. 1 26.14 26.14 .00 .00 000093 ACE SOLID WASTE, INC. 1 338.30 338.30 .00 .00 000100 AID ELECTRIC SERVICE, INC. 1 558.25 558.25 .00 .00 000177 MAIN FLORAL LTD, INC. 1 34.23 34.23 .00 .D0 000210 AMERICAN FASTENER & SUPPLY, INC. 1 14.25 14.25 .00 .00 000248 MN DEPT OF LABOR /INDUSTRY 1 10.00 10.00 .00 .00 000256 DEEP ROCK WATER COMPANY 1 13.86 13.86 .00 .0D 000303 INSTRUMENTAL RESEARCH, INC. 1 142.50 142.50 .00 .00 000365 STAPLES ADVANTAGE 3 852.72 852.72 .00 000370 ANOKA COUNTY CENTRAL COMMICATIONS 2 5,186.70 5,186.70 .00 000408 AFSCME COUNCIL #5 1 909.09 909.09 .00 .00 000420 ANOKA COUNTY 1 92.00 92.00 .00 .00 000489 TDS METROCOM MN 1 987.01 987.01 .00 .00 000541 ASPEN MILLS, INC. 1 20.89 20.89 .00 .DD 000598 MINNESOTA PIPE & EQUIPMENT, INC. 1 3,930.11 3,930.11 .00 .00 000604 RYLANDER, VERNON 1 324.71 324.71 .00 .00 000684 MINVALCO, INC. 1 213.51 213.51 .00 .00 000720 BLAINE, CITY OF 1 1,423.00 1,423.00 .00 .00 000724 BLUE TOW SERVICE, INC. 1 226.56 226.56 .00 .00 000875 AVENET, LLC 1 1,155.00 1,155.00 .00 .00 • Date: 12/23/2009 Time 09:46:25 City of Lino Lakes FM Entry - Invoice Journal 111/1 Discount .or # Name # of items Net Gross Discount Lost 000900 O'REILLY AUTOMOTIVE, INC. 11 384.31 384.31 .00 .00 000903 BUDIG, TIM 1 220.04 220.04 .00 .00 000904 ANOKA COUNTY GOVERNMENT CENTER 1 200.00 200.00 .00 .00 000946 C. P. OFFICE PRODUCTS 1 209.73 209.73 .00 .D0 001050 CENTENNIAL SCHOOLS 1 30.00 30.00 .00 .00 001100 CIRCLE PINES POST OFFICE 1 105.60 105.60 .00 .00 001110 CENTENNIAL UTILITIES 5 4,676.21 4,676.21 .00 .00 001148 EGAN OIL COMPANY 1 4,760.60 4,760.60 .00 .00 001187 CONNEXUS ENERGY 1 3,164.37 3,164.37 .00 .00 001264 FBINAA 1 150.00 150.00 .00 .00 001480 HAWKINS INC. 1 397.34 397.34 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 3 42.34 42.34 .00 .00 001680 GOPHER STATE ONE CALL 2 598.85 598.85 .00 .00 001840 HILLESHEIM, TIM 1 62.46 62.46 .00 .00 001860 KENNEDY AND GRAVEN, INC. 1 963.50 963.50 .00 .00 •71 INFRATECH TECHNOLOGIES, INC. 1 897.75 897.75 .00 .00 002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 1,050.0D 1,050.00 .00 .00 002332 LIFE SAFETY SYSTEMS, INC. 1 347.34 347.34 .00 .00 002387 L.T.G. POWER EQUIPMENT, INC. 1 64.53 64.53 .00 .0D 002420 LINO LAKES SENIOR CENTER 2 420.30 420.30 .00 .00 002590 MICKELSON, LESTER 1 72.16 72.16 .00 .00 002650 MIDWEST RADAR & EQUIPMENT, INC. 1 360.00 360.00 .00 .00 002700 CENTERPOINT /MINNEGASCO, INC. 1 649.33 649.33 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 1 681.40 661.40 .00 .00 003050 MRPA 1 102.00 102.00 .00 .00 003250 XCEL ENERGY 8 7,450.07 7,450.07 .00 .00 003271 HSBC BUSINESS SOLUTIONS 1 85.69 85.69 .00 .00 Operator: KKF Page: 2 Date: 12/23/2009 Time: 09:46:25 City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: 3 Disco Vendor # Name # of items Net Gross Discount L 003370 NYSTROM PUBLISHING COMPANY, INC. 1 5,500.21 5,500.21 .00 .00 003443 OTTER LAKE ANIMAL CARE CENTER, INC. 1 520.22 520.22 .00 .00 003474 PAYNE, TIM 1 380.00 380.00 .00 .00 003490 PETTY CASH 1 131.16 131.16 .00 .00 003491 PETTY CASH 1 72.23 72.23 .00 , .00 003524 PITNEY BOWES, INC. 1 279.46 279.46 .00 .00 003600 PRESS PUBLICATIONS, INC. 5 300.11 300.11 .00 .00 003617 ANOKA COUNTY SHERIFF'S OFFICE 1 320.62 320.62 .00 .00 003910 SAM'S CLUB, INC. 1 77.47 77.47 .00 .00 003986 MPCA 1 32.00 32.00 .00 .00 004059 SMYSER, JEFF 1 14.55 14.55 .00 .00 004120 ST. JOSEPH EQUIPMENT, INC. 4 1,129.21 1,129.21 .00 .00 004240 STREICHER'S, INC. 21 3,570.34 3,570.34 .00 .0D 004350 TKDA 7 26,185.28 26,165.26 .0D .00 004560 U S BANK VISA 1 1,468.76 1,468.76 .00 .00 004562 HD SUPPLY WATERWORKS, LTD. 7 56,397.64 56,397.64 .00 • 004670 COMCAST 1 34.95 34.95 .00 004730 VIKING INDUSTRIAL CENTER, INC. 1 28.75 28.75 .00 .00 004900 ZEP MANUFACTURING COMPANY, INC. 1 227.47 227.47 .00 .00 005007 LUNDA CONSTRUCTION COMPANY 1 18,697.27 18,697.27 .00 .00 007192 OFFICE OF THE SECRETARY OF STATE 1 40.00 40.00 .00 .00 007421 WRIGHT /HENNEPIN CO -OP ELECTRIC ASSOC 1 180.00 180.00 .00 .00 007682 TOUSLEY FORD, INC. 2 532.26 532.26 .00 .00 007684 GLSPORTS 3 3,471.27 3,471.27 .00 .00 007921 ICMA 1 439.01 439.01 .00 .00 007986 ST. PAUL SAINTS 1 1,202.72 1,202.72 .00 .00 007987 AVON BUSINESS FORMS & PROMOTIONS 1 156.57 156.57 .00 .00 Date: 12/23/2009 Time: 09:46:26 City of Lino Lakes FM Entry - Invoice Journal Sor Name Operator: KKF Page: 4 Discount # of items Net Grose Discount Lost 007968 BENNETT COMMUNITY CONSULTING 1 800.00 800.00 .00 .00 007989 CELOTTA, DAYIUS TURVOLD 1 24.00 24.00 .00 .00 007990 MASTER TECHNOLOGY GROUP 1 2,218.0D 2,218.00 .00 .00 1 455.29 455.29 .00 .00 007991 MCMILLIN, STEPS 900066 AVALON HOMES, INC. 1 2,400.00 2,400.00 .00 .00 900491 ROSEVILLE, CITY OF 2 6,720.88 6,720.88 .00 .00 Grand Totals: 153 179,848.49 179,848.49 .00 .00* • Date: 12/23/2009 Time 09:46:26 City of Lino Lakes FM Entry - Invoice Journal Account # Description Main Operator: KKF Page: 5 Fiscal Debit Credit 101 - 2040 -000 GENERAL FUND PAYROLL WITHHOLDING 12/2009 2,640.49 101- 2081 -000 GENERAL FUND DUE TO COUNTY-FENCE PERMIT 12/2009 46.00 101 - 401 -4300 -000 MAYOR /COUNCIL PROFESSIONAL SERVI 12/2009 439.01 101- 401- 4343 -000 MAYOR /COUNCIL NEWSLETTER 12/2009 5,500.21 101 - 401 -490D -000 MAYOR /COUNCIL MARKETING & EDUCAT 12/2009 1,236.95 101 -402- 4200 -000 GENERAL ADMINISTRATION OFFICE SUPPLIES 12/2009 7.16 101 - 402 - 4300 -000 GENERAL ADMINISTRATION PROFESSIONAL SERV 12/2009 26.56 101 - 402 - 4330 -000 GENERAL ADMINISTRATION TRAVEL /TUITION 12/2009 40.00 101- 402 - 4340 -000 GENERAL ADMINISTRATION ADVERTISING 12/2009 268.31 101- 402- 4410 -000 GENERAL ADMINISTRATION CONTRACTED SERVIC 12/2009 1,155.00 101 - 402 - 4452 -000 GENERAL ADMINISTRATION SUBSCRIPT /DUES 12/2009 136.44 101- 406 - 4321 -000 GENERAL SENIORS TELEPHONE 12/2009 37.76 101 - 407- 4310 -000 GENERAL FINANCE OTHER CONSULTANT 12/2009 5,769.58 101- 407- 4330 -000 GENERAL FINANCE TRAVEL /TUITION 12/2009 6.00 101 - 415- 4300 -D00 ECONOMIC DEV PROFESSIONAL SERVI 12/2009 1,550.93 101- 415- 4330 -000 GENERAL ECONOMIC DEV TRAVEL /TUITION 12/2009 99.00 101 - 415- 4410 -000 ECONOMIC DEVELOPMENT CONTRACTED 12/2009 800.00 101 - 415 -4900 -000 ECONOMIC DEVELOPMENT MARKETING 12/2009 15.00 101 - 416 - 4330 -000 PLANNING & ZONING TRAVEL /TUITION 12/2009 214.55 101- 417 -4410 -000 ENGINEERING CONTRACTED SERVICES 12/2009 14,627.31 101 -418- 4452 -000 COMM DEV SUBSCR /DUES 12/2009 40.00 101- 420- 4200 -000 GENERAL POLICE OFFICE SUPPLIES 12/2009 359.99 101- 420 - 4211 -000 GENERAL POLICE MAINTENANCE SUPPLIES 12/2009 1,452.45 101 -420- 4321 -000 GENERAL POLICE TELEPHONE 12/2009 675.13 101 - 420 - 4330 -000 GENERAL POLICE TRAVEL /TUITION 12/2009 320.62 101 - 420 - 4370 -000 GENERAL POLICE UNIFORMS 12/2009 3,267.69 101 -420- 4381 -000 GENERAL POLICE ELECTRICITY 12/2009 21.37 101- 420 - 4386 -000 GENERAL POLICE POLICE RESERVES 12/2009 4,433.41 101- 420 - 4410 -D00 GENERAL POLICE CONTRA(.TtD SERVICES 12/2009 2,238.79 101- 420 - 4452 -000 GENERAL POLICE SUBSCRIPTIONS 12/2009 215.48 101 - 422 - 4200 -00D BUILDING INSPECTIONS OFFICE SUPPLIES 12/2009 156.57 101- 422 - 4304 -000 GENERAL BUILDING INSPECTIONS MUN ENG 12/2009 172.63 101 -422- 4370 -000 GENERAL BUILDING INSPECTIONS UNIFORMS 12/2009 324.71 101 -430- 4223 -000 GENERAL STREETS STREET SIGNS 12/2009 13.76 101 - 430 - 4240 -000 GENERAL STREETS SMALL TOOLS 12/2009 24.64 101- 430 - 4321 -000 GENERAL STREETS TELEPHONE 12/2009 37.94 101 -430 -4330 -000 GENERAL STREETS TRAVEL /TUITION 12/2009 79.00 101 -430- 4370 -000 GENERAL STREETS UNIFORMS 12/2009 76.27 101 -430- 4385 -000 GENERAL STREETS STREET LIGHTS 12/2009 1,519.55 101- 430 - 4421 -000 GENERAL STREETS CONTRACTED STORM SYSTEM 12/2009 3,974.91 101 -431- 4211 -000 GENERAL FLEET MAINTENANCE SUPPLIES 12/2009 227.47 101 - 431 - 4212 -000 GENERAL FLEET VEHICLE FUEL, 12/2009 4,760.60 101- 431 - 4221 -000 GENERAL FLEET SHOP PARTS 12/2009 2,136.42 101- 431 - 4300 -000 GENERAL FLEET PROFESSIONAL SERVICES 12/2009 86.04 101 - 431 - 4452 -000 GENERAL FLEET SUBSCRIPTIONS /DUES 12/2009 10.00 101 - 432 - 4200 -000 GOVER BUILDINGS OFFICE SUPPLIES 12/2009 976.02 101- 432 - 4211 -000 GOVER BUILDINGS MAINTENANCE SUPPLIES 12/2009 224.67 101 - 432 - 4300 -000 GOVER BUILDINGS PROFESS. SERV 12/2009 2,218.00 101 - 432- 4321 -000 GOVER BUILDINGS TELEPHONE 12/2009 1,109.15 101- 432 - 4381 -000 GOVER BUILDINGS ELECTRICITY 12/2009 8,230.71 101- 432 - 4383 -000 GOVER BUILDINGS HEAT 12/2009 4,409.99 101- 432 -4384 -000 GOVER BUILDINGS SANITATION 12/2009 338.30 101 - 432- 4410 -000 GOVER BUILDINGS CONTRAL1'ED 12/2009 640.66 Date: 12/23/2009 Time: 09:46:26 City of Lino Lakes FM Entry - Invoice Journal Account # Description Fiscal Debit Credit • Operator: KKF Page: 6 101 - 450 -4330 -000 101 - 450- 4381 -000 101- 450- 4383 -000 101 - 450- 4452 -ODD 101- 461 - 4330 -000 101 - 461 - 4370 -000 101- 463 - 4410 -000 201 -202- 4211 -803 201 -205- 4211 -810 201 -205- 4211 -814 201 -205- 4211 -625 201 -205- 4211 -859 201 -207- 4211 -615 201 -20B- 4211 -855 201 - 3610 -625 421- 499 - 4304 -085 421 - 499- 4304 -086 422- 499 - 4304 -000 471 - 499 - 4400 -061 474 - 499- 4301 -000 601 - 494 - 4211 -000 601- 494 - 4215 -000 601 -494- 4222 -000 601 - 494 - 4304 -000 601- 494 - 4321 -00D 601- 494 - 4322 -000 601 - 494- 4370 -000 601- 494 - 4381 -000 601- 494 - 4382 -00D 601- 494 - 4363 -000 GENERAL PARKS TRAVEL /TUITION 12/2009 466.00 GENERAL PARKS ELECTRICITY 12/2009 64.32 GENERAL PARKS HEAT 12/2009 350.61 GENERAL PARKS SUBSCRIPTIONS 12/2009 100.00 GENERAL ENVIRONMENTAL TRAVEL /TUITION 12/2009 308.00 GENERAL ENVIRONMENTAL UNIFORMS 12/2009 380.00 GENERAL FORESTRY CONTRACTED SERVICES 12/2009 455.29 Fund Total: 61,513.62 RECREATION MAINT SUPPL- BASKETBALL 5 PLAY 12/2009 132.00 RECREATION MAINT SUPL CRNVL /PLAYGR 12/2009 12.86 MAINT SUPPLIES ADULT DAY TRIPS 12/2009 1,423.00 RECREAT MAINT SUPL BREAKFAST WITH SANTA 12/2009 461.65 RECREATION MAINT SUPPL LErr'ER FROM SANTA 12/2009 133.52 RECREATION MAINT SUPPLIES SOITHALL CLINI 12/2009 66.38 MAINT SUPP YOUTH FALL FOOTBALL 12/2009 3,404.89 RECREATION BREAKFAST WITH SANTA 12/2009 24.00 Fund Total: 5,658.30 STREET MAINTENANCE OTHER MUNICIPAL ENGIN 12/2009 103.58 STREET MAINTENANCE OTHER MUNICIPAL ENGIN 12/2009 103.58 Fund Total: 207.16 SURFACE WATER MANAGEMENT MUNICIPAL ENGNR 12/2009 813.30 Fund Total: 813.30 Legacy ®Woods Edge Improv OTHER CONTRACTO 12/2009 16,697.27 Fund Total: 18,697.27 135E INTERCHANGE OTHER MUNICIPAL ATTORNE 12/2009 963.50 Fund Total: 963.50 WATER OPERATING MAINTENANCE SUPPLIES 12/2009 4,827.86 WATER OPERATING WATER METERS 12/2009 56,404.56 WATER OPERATING CHEMICALS 12/2009 539.64 WATER OPERATING MUNICIPAL ENGINEER 12/2009 1,567.12 WATER OPERATING TELEPHONE 12/2009 113.28 WATER OPERATING POSTAGE 12/2009 B.51 WATER OPERATING UNIFORMS 12/2009 282.50 WATER OPERATING ELECTRICITY 12/2009 672.21 WATER OPERATING UTILITIES 12/2009 246.14 WA 'Ex OPERATING HEAT 12/2009 229.15 .00 .00 .00 .00 .00 .00 Date: 12/23/2009 Time: 09:46:26 Account # City of Lino Lakes Operator: KICF Page: 7 FM Entry - Invoice Journal Description Fiscal Debit Credit 601- 494 -4410 -000 602- 495- 4211 -000 602 - 495- 4240 -000 602- 495- 4304 -000 602- 495 -4330 -000 602- 495- 4381 -000 602- 495- 4382 -000 602- 495- 4383 -000 602 - 495- 4410 -000 801- 2023 -000 801 - 2300 -000 801- 2317 -102 801- 2318 -000 801- 2381 -103 Control A/P 101 -2020 -000 201- 2020 -000 421- 2020 -D00 422 - 2020 -000 471- 2020 -000 474 - 2020 -000 601 -2020 -000 602- 2020 -000 801 -2020 -000 Discount Manual Checks - Cash 101- 1010 -D00 201 - 1010 -000 WATER OPERATING CONTRALLLD SERVICE 12/2009 299.43 Fund Total: 65,190.62 SEWER OPERATING MAINTENANCE SUPPLIES 12/2009 35.40 SEWER OPERATING SMALL TOOLS 12/2009 85.69 SEWER OPERATING MUNICIPAL ENGINEER 12/2009 1,567.12 SEWER OPERATING TRAVEL /TUITION 12/2009 32.00 SEWER OPERATING ELECTRICITY 12/2009 286.28 SEWER OPERATING UTILITIES 12/2009 76.04 SEWER OPERATING HEAT 12/2009 13.61 SEWER OPERATING CONTRALr'h) SERVICE 12/2009 299.42 Fund Total: 2,395.56 CONTRACTOR'S DEPOSITS POLICE DRUG FORFEI 12/2009 226.56 CONTRACTOR'S DEP GENERAL FUND ESCROW 12/2009 77.80 The Preserve Engineering 12/2009 135.55 CONTRACTOR'S DEP BUILDING PERMIT DEPOSIT 12/2009 2,400.00 NORTH SPRINGS CHURCH ADMINISTRATION 12/2009 1,569.25 Fund Total: 4,409.16 Grand Totals: 179,848.49 Control Grand Totals: .00 .00 .00 .00 .00 .00 GENERAL, FUND ACCOUNTS PAYABLE 12/2009 81,473.62 RECREATION ACCOUNTS PAYABLE 12/2009 5,552.70 SEAL COATING ACCOUNTS PAYABLE 12/2009 207.16 SURFACE WATER MANAGEMENT ACCOUNTS PAYABL 12/2009 813.30 Legacy@Woods Edge Impry ACCOUNTS PAYABLE 12/2009 18,697.27 I35E INTERCHANGE PROJECT ACCTS PAY 12/2009 963.50 WATER OPERATING ACCOUNTS PAYABLE 12/2009 65,190.62 SEWER OPERATING ACCOUNTS PAYABLE 12/2009 2,395.56 CONTRACTOR'S DEPOSITS ACCOUNTS PAYABLE 12/2009 4,409.16 A/P Grand Totals: .00 179,702.89 GENERAL FUND CASH RECREATION CASH Discount Grand Totals: .00 .00 12/2009 40.00 12/2009 105.60 Date: 12/23/2009 Time: 09:46:26 City of Lino Lakes FM Entry - Invoice Journal • Account # • • Operator: KKF Page: 6 Description Fiscal Debit Credit Cash Grand Totals: .00 145.60 CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1 Check Issue Dates: 12/5/2009 - 12/22/2009 Dec 22, 2009 11:04AM Report Criteria: Report type: Summary GL Check Check Vendor Period Issue Date Number Number 12/09 12/22/2009 4091 10290 12/09 12/22/2009 4092 10750 12/09 12/22/2009 4093 11565 12/09 12/22/2009 4094 20120 12/09 12/22/2009 4095 20400 12/09 12/22/2009 4096 30465 12/09 12/22/2009 4097 30480 12/09 12/22/2009 4098 30483 12/09 12/22/2009 4099 30485 12/09 12/22/2009 4100 30575 12/09 12/22/2009 4101 31008 12/09 12/22/2009 4102 31137 12/09 12/22/2009 4103 40010 12/09 12/22/2009 4104 40040 12/09 12/22/2009 4105 50120 12/09 12/22/2009 4106 60025 12/D9 12/22/2009 4107 120450 12/09 12/22/2009 4108 130320 12/09 12/22/2009 4109 130440 12/09 12/22/2009 4110 161605 12/09 12/22/2009 4111 170180 12/09 12/22/2009 4112 180125 12/09 12/22/2009 4113 180600 12/09 12/22/2009 4114 220200 12/09 12/22/2009 4115 230800 12/09 12/22/2009 4116 240100 Grand Totals: Payee ALEX AIR APPARATUS, INC ANOKA CO CENTRAL COMMUN ASPEN MILLS BATTERIES PLUS DAVID BRUDER CENTENNIAL FIREFIGHTERS R CENTENNIAL UTILITIES CENTER FRAME & ALIGNMENT CENTER MART CITY OF CIRCLE PINES COMCAST CONNEXUS ENERGY DALCO DEEP ROCK WATER COMPANY EMERGENCY APPARATUS MAI F.I.R.E., INC CITY OF LINO LAKES MASTER TECHNOLOGY GROU METRO FIRE, INC INVENTORY TRADING CO. QWEST RESCUE RESPONSE GEAR, IN CITY OF ROSEVILLE VERIZON WIRELESS WYOMING CANVAS XCEL ENERGY Description SCBA COMPRESSOR REPAIR 3 PORTABLE RADIOS UNIFORM BATTERIES BLADES FOR CONCRETE SAW 3RD /4TH QTR PMTS STATION 1 UTILITIES MISC PARTS FOR VEHICLES FUEL 2ND QTR ACCOUNTING SERVI INTERNET STATION 1 ELECTRIC STATION 1 TOWELS/TISSUE BOTTLED WATER TANKER 31 FFI TRAINING NOV REIMBURSEMENTS PHONE INSTALLS GAS MONITOR CALIBRATION K UNIFORMS PHONE EXPENSE STRETCHER/HARNESS IT SERVICE CONTRACT CELL PHONES EQUIPMENT REPAIR ELECTRIC STATION 2 Check Amount 224.95 6,248.49 85.90 91.29 20.15 12,750.00 269.89 961.50 119.49 1,703.88 94.00 386.90 283.24 9.45 1,119.13 5,550.00 23,469.29 402.65 575.04 173.50 55.66 815.00 7,261.79 192.69 50.00 443.70 63, 357.58 M = Manual Check, V = Void Check • • • • CITY COUNCIL WORK SESSION December 7, 2009 DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 CITY COUNCIL WORK SESSION 4 5 DATE : December 7, 2009 6 TIME STARTED : 5:30 p.m. 7 TIME ENDED : 9:20p.m. 8 MEMBERS PRESENT : Council Members Gallup, O'Donnell, Reinert, 9 Roeser, and Mayor Bergeson 10 MEMBERS ABSENT : none 11 12 13 Also Present: Acting City Administrator Dan Tesch; Director of Public Safety Dave Pecchia; 14 Community Development Director Michael Grochala; Economic Development Coordinator 15 Mary Alice Divine; Finance Director Al Rolek; City Engineer Jim Studenski; City Clerk Julie 16 Bartell 17 18 1. I -35W Noise Wall Discussion — Community Development Director Grochala recalled 19 that the city council received a petition from area residents requesting installation of a noise wall 20 on the south side of I -35W (across from the wall that was installed in 2009 on the north side of 21 the highway). He introduced staff present from the Minnesota Department of Transportation 22 ( MnDOT): Mark Lindeberg, North Area Engineer and Peter Wasco, Noise Abatement 23 Supervisor. Mr. Lindeberg reviewed the history of MnDOT's Noise Abatement (Noise Wall) 24 program. Program activities are guided by studies conducted in the area and findings in those 25 studies that include recommendations based on methodologies for the best and most effective 26 approach to noise abatement. He noted that the study materials used right now, however, only 27 apply to development through 1998. Based on study information, a priority list of projects has 28 been developed. The criteria used for ranking is basically possible decibel reduction and density 29 of homes. He also noted that there are generally two types of projects — those classified as Type 30 1 (noise abatement as part of a larger project) and Type 2 (individual projects). He indicated that 31 the area in question this evening is ranked 105 on the Type 2 priority list. 32 33 The council discussed cost and funding resources. MnDOT staff estimated the cost at 34 approximately $5 million. State funding for Type 2 projects allows for only about 2 -3 projects 35 per year. Other options would be government dollars other than the state or assessment of costs. 36 When the council asked if the availability of a portion of the necessary funding would move a 37 project up the priority list, Mr. Lindeberg replied that there is not a process that would allow that. 38 There has, however, been a general program change requiring local government to contribute 39 10% to the project. Mr. Wasco did point out that the priority list is actually somewhat in flux 40 since projects do sometimes drop off. He added that if the city were to provide funding for the 41 project, MnDOT would provide design and contract administration services. 42 43 When asked if the installation of a noise wall can increase noise on the side of the road opposite 44 the wall, the MnDOT representatives replied that they have not found a case where any increase 45 can be deteimined. They recognize that in Lino Lakes, residents are reporting an increase in CITY COUNCIL WORK SESSION December 7, 2009 DRAFT 46 noise. The council discussed other possible forms of abatement, such as berms or plantings. The 47 council requested that the MnDOT representatives forward a best estimate for the cost of the 48 noise wall requested by the petition. 49 50 Chris Schneider, 23 Elm Street, addressed the council. Ms. Schneider indicated that she 51 supports the petition (signed it) and thanked other area residents in attendance at the meeting. 52 She spoke of the traffic increase since she moved to the area 11 years ago and indicated that the 53 traffic will continue to increase as development grows in the direction of Lino Lakes. She is also 54 concerned about the number of deer that move unrestrained through the highway area. She 55 suggested that the priority list seems to ignore proximity since some of the homes in the area in 56 question are less than 100 feet from the roadway. Also, there should be some consideration of 57 the schools on the opposite side from the prison complex. She is thankful that the council is 58 giving the residents this opportunity and is interested in working with MnDOT. 59 Ken Johnson, 87 Elm Street, told the council that he has experience with noise having lived in 60 Grand Rapids adjacent to a paper mill. He can report that there is no relief provided by plantings. 61 He questioned the portion of the staff report that notes that noise levels were lower in 2002 than 62 in 2009. He feels that wall placement is a key matter. 63 The council directed staff to get an estimate of the cost of the wall, research noise abatement 64 alternatives and report back at a future work session. 65 2. Affordable Housing Presentation - Economic Development Coordinator Divine 66 introduced consultants Cathy Bennett, Bennett Community Consulting, and Colleen Carey, the . 67 Cornerstone Group, who presented and reviewed a PowerPoint informational report on housing 68 choice and diversity focusing on affordable housing. A written copy of the presentation is on 69 file. 70 The council discussed affordable housing in regard to the current economy, developing housing 71 based on goals and needs, demographic trends and how they affect this city, and meeting the 72 culture of the city as well. The council concurred that a process to develop housing must be 73 strategically planned with a good and controlled result. The consultants pointed out that their 74 experience in the field shows that a city's investment in housing is generally viewed as a good 75 investment, that affordable housing cannot be built without some type of subsidy, and also that it 76 is key that any affordable housing element have the same quality standards as market rate. 77 3. 2010 Council Calendar — City Clerk Bartell noted that the 2010 council calendar has 78 been prepared using the current work session schedule of the first Monday and 4th Monday of the 79 month. Regular council meetings are held the second and fourth Monday of each month based 80 on the requirements of the City Code. 81 The council concurred with the calendar as presented and directed the city clerk to proceed with 82 distribution. 83 4. Regular Agenda Items — There were no changes to the regular council agenda. 2 -20- • • • CITY COUNCIL WORK SESSION December 7, 2009 DRAFT 84 5. 2010 Budget — At the last 2010 budget discussion, the council had indicated that they 85 would individually submit budget ideas to Acting Administrator Tesch. Mr. Tesch had received 86 those communications and had forwarded via email a compilation of ideas to the council 87 members. Mr. Tesch had also sent an email to council members outlining current proposed 88 personnel reductions, indicating that an additional $130,000 is available due to those reductions, 89 and reporting on the questions raised by Council Member Elect Rafferty regarding health care 90 budgeting. Finance Director Rolek explained that the health care budgeting calculations have 91 historically been based on the highest coverage costs for each employee, to allow for changes and 92 rising costs. To recalculate that portion of the budget to fund current service levels would save 93 an additional $180,000. 94 The council discussed use of the $310,000 that had become available. There was interest in 95 increasing the contingency as well as increasing the street maintenance budget and the equipment 96 replacement budget. It was noted that the council has had a long term goal of funding equipment 97 replacement on a yearly basis rather than having to finance large purchases, thereby saving on the 98 cost of borrowing the money. The annual target for that program was $200,000 however in 99 recent years the funding has dropped to zero. Funding street maintenance is a good investment to 100 save money in the long term. There was not concurrence to consider a change in the personnel 101 outlook. 102 In view of the proposed change in how the city budgets for employee health insurance, the 103 council reviewed the city's program. It was clarified that employees can change their coverage 104 during the year based on a qualifying life event. With the change to budget at the current 105 coverage level, it was suggested that adding funding to the general contingency fund could help 106 provide for unexpected funding needs in the health care area. The council requested additional 107 information on the type of coverage the city offers to its employees; staff reminded the council 108 that the employee contribution is a negotiated item (for union employees). 109 The following proposal for the unbudgeted funds was suggested by a council member: 110 Add $37,500 to the street maintenance budget; 111 Do not use reserve funds in the amount of $93,377 as originally proposed; 112 Fund equipment replacement in the amount of $110,000; 113 Designate any remaining to the contingency. 114 The council discussed whether or not to include the proposed two -week employee furloughs in 115 the budget. It was pointed out that the furloughs are one -time savings, they are directly in 116 conflict with the concept of investing in people, and there are also pension implications. The 117 council decided to leave the two -week furlough in the budget but with the understanding that 118 employees should take no more than one week in the first half of 2010 and that the council is 119 committed to making removal of the second week the first action if other budget cutting methods 120 are determined. 40 121 The council will continue consideration of the 2010 budget immediately in January. Staff is 122 encouraged to begin reviewing any and all ideas (staff and council) for budget savings as soon as 123 possible. CITY COUNCIL WORK SESSION December 7, 2009 DRAFT 124 The council also concurred that they will pass a resolution that reduces their 2010 salary to the 125 2007 level. 126 The meeting was adjourned at 9:20 p.m. 127 These minutes were considered and approved at the regular Council meeting held on December 128 28, 2009. 129 130 131 132 Julianne Bartell, City Clerk John Bergeson, Mayor 4 -22- • • • • COUNCIL MINUTES December 14, 2009 DRAFT 1 2 CITY OF LINO LAKES 3 MINUTES 4 REGULAR COUNCIL MEETING 5 6 7 DATE : December 14, 2009 8 TIME STARTED : 6:30 p.m. 9 TIME ENDED : 7:10 p.m. 10 MEMBERS PRESENT : Council Members Gallup, Reinert, O'Donnell, 11 Roeser and Mayor Bergeson 12 MEMBERS ABSENT : none 13 14 Staff members present: City Attorney Joseph Langel; Director of Public Safety Dave Pecchia; 15 Director of Finance Al Rolek; Director of Community Development Michael Grochala; City 16 Engineer Jim Studenski; Economic Development Coordinator Mary Alice Divine; City Clerk Julie 17 Bartell. 18 19 PUBLIC COMMENT /OPEN MIKE 20 21 There was no public comment. S22 23 SETTING THE AGENDA 24 25 The agenda was amended to note that a public hearing is included with consideration of the 26 2010 budget (Items 2A -D) and to move consideration of Item 3B to December 28. 27 28 CONSENT AGENDA 29 30 Council Member Reinert moved to approve the Consent Agenda, Items 1A -1H. Council 31 Member Gallup seconded the motion. Motion carried on a unanimous voice vote. 32 33 ITEM ACTION 34 35 1A. Consideration of Expenditures: 36 i) December 14, 2009 (Check No. 87254 through 87360), 37 $443,653.28; Approved 38 ii) Centennial Fire District (Check No. 4045 through 4064), 39 $8,482.70 Approved 40 41 1B. Approval of November 23, 2009 Council Work Session Minutes Approved 42 43 1C. Approval of November 23, 2009 City Council Meeting Minutes Approved .44 45 1D. Approval of November 30, 2009 Special Work Session Minutes Approved COUNCIL MINUTES December 14, 2009 DRAFT 46 47 1E. Consideration of Resolution No. 09 -108 Authorizing the Transfer of 48 Funds from the Area and Unit Fund to the 2003A G.O. Improvement 49 Bond Debt Service Fund Approved 50 51 1F. Consideration of Resolution No. 09 -109 Authorizing the Transfer of 52 Funds from the Area and Unit Fund to the 2005B G.O. Improvement 53 Bond Debt Service Fund Approved 54 55 1G. Consideration of Resolution No. 09 -110 Authorizing an Interfund 56 Loan From the Sanitary Sewer Fund to the 2005A G.O. Improvement 57 Debt Service Fund Approved 58 59 111. Consideration of Resolution No. 09 -111 Approving Transfers for 60 Installment Payment on Interfund Loan for Recreation Complex 61 Land Approved 62 63 FINANCE DEPARTMENT REPORT, AL ROLEK 64 65 Finance Director Rolek presented a PowerPoint to the council and audience that explained all of 66 the budget items under consideration this evening. The presentation in its entirety is on file in 67 the Office of the City Clerk. Mr. Rolek noted that a public hearing is being held this evening to 68 receive comments on all elements of the proposed budget. 69 70 Mayor Bergeson opened the public hearing. There being no one present wishing to speak on the 71 proposed budget, Council Member Gallup moved to close the public hearing at 6:55 p.m. 72 Council Member O'Donnell seconded the motion. Motion carried on a unanimous voice vote. 73 74 2A. Consideration of Resolution No. 09 -112, Adopting the Final 2009 Tax Levy 75 Collectible in 2010 76 77 Finance Director Rolek noted that the city is required to adopt and certify a final tax levy amount 78 for the coming year. Staff has prepared Resolution No. 09 -112 to represent the levy as directed 79 by the council through recent 2010 budget discussions. 80 81 Council Member Reinert moved to approve Resolution No. 09 -112 as presented. Council 82 Member Gallup seconded the motion. Motion carried on a unanimous voice vote. 83 84 2B. Consideration of Resolution No. 09 -113, Adopting the Final 2010 General Operating 85 Budget 86 87 Finance Director Rolek noted that the city is required to adopt and certify a final General 88 Operating Fund budget for year 2010. Resolution No. 113 that is before the council this evening 89 represents the council's direction for a budget reduced by approximately 6 %, and includes the 90 staff reductions and employee furlough time recommended by the council. Also included is the 2 —24— • • • • COUNCIL MINUTES December 14, 2009 DRAFT 91 increase in capital equipment outlay, street and storm maintenance and contingency funding as 92 directed by the council. 93 94 Council Member O'Donnell moved to approve Resolution No. 09 -113 as presented. Council 95 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 96 97 2C. Consideration of Resolution No. 09 -114, Adopting the 2010 Water and Sewer 98 Operating Budget 99 100 Finance Director Rolek noted that Resolution No. 09 -114 presents the Water and Sewer Fund 101 operating budgets for 2010; there is no rate change proposed therein. 102 103 Council Member Gallup moved to approve Resolution No. 09 -114 as presented. Council 104 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 105 106 2D. Consideration of Resolution No. 09 -115, Adopting the 2010 Recreation Fund Budget 107 108 Finance Director Rolek explained that Resolution No. 09 -115 represents the 2010 operating 109 budget for the city's Recreation Fund. This fund operates exclusively through recreation 110 program revenues. 111 •112 Council Member O'Donnell moved to approve Resolution No. 09 -115 as presented. Council 113 Member Reinert seconded the motion. Motion carried on a unanimous voice vote. 114 115 ADNIINISTRATION DEPARTMENT REPORT, DAN TESCH 116 117 3A. Consideration of 2010 Centennial Fire District Budget 118 119 Finance Director Rolek noted that the Fire District budget presented has been reviewed by the 120 council previously. It has been adopted by the other represented cities, Circle Pines and 121 Centerville. 122 123 Council Member Reinert moved to approve the 2010 Centennial Fire District Budget as 124 presented. Council Member Gallup seconded the motion. Motion carried on a unanimous voice 125 vote. 126 127 3B. 128 129 This item was moved to the December 28 council meeting for consideration. 130 131 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 132 133 There was no report from the Public Safety Department. 410 134 135 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER • .. ...... . _.. COUNCIL MINUTES December 14, 2009 DRAFT 136 137 There was no report from the Public Services Department. 138 139 COMMUNITY DEVELOPMENT REPORT, MICHAEL GROCHALA 140 141 6A. Consideration of Resolution No. 09 -107, Establishing EDAC Members as Liaisons 142 to the Economic Development Authority 143 144 Economic Development Coordinator Divine recalled that the council and EDAC (Economic 145 Development Advisory Committee) considered and approved the concept of adding EDAC 146 members to the city's Economic Development Authority (EDA). The council directed that those 147 members be non - voting or liaisons to the group. The resolution before the council authorizes 148 the EDA to appoint up to two members. 149 150 Council Member Reinert moved to approve Resolution No. 09 -107 as presented. Council 151 Member O'Donnell seconded the motion. Motion carried on a unanimous voice vote. 152 153 6B. Consideration of Resolution No. 09 -116, Requesting Installation of Traffic Control 154 Signalization System at the Intersection of Lake Drive 155 156 Community Development Director Grochala noted that the council recently directed staff to 157 investigate the possibility of adding traffic control to the intersection of Lake. Drive and Main 158 Street, one of the highest volume intersections in the city. Although the city and Anoka County 159 unsuccessfully sought federal transportation funding in 2007 and the intersection is not included 160 in Anoka County capital improvement plans, staff has prepared a resolution that can be 161 submitted to the County requesting inclusion of the intersection. 162 163 Council Member Reinert moved to approve Resolution No. 09 -116 as presented. Council 164 Member Gallup seconded the motion. Motion carried on a unanimous voice vote. 165 166 UNFINISHED BUSINESS 167 168 There was no unfinished business. 169 170 NEW BUSINESS 171 172 There was no new business. 173 174 175 176 There being no further business, Council Member Reinert moved to adjourn at 7:10 p.m. 177 Council Member Gallup seconded the motion. Motion carried. 178 179 These minutes were considered and approved at the regular City Council Meeting on December 180 28, 2009. 181 4 -26- • 182 183 184 185 186 187 188 189 190 191 192 193 194 • • COUNCIL MINUTES Julianne Bartell, City Clerk December 14, 2009 DRAFT John Bergeson, Mayor Community Calendar- A Look Ahead December 15, 2009 through December 28, 2009 4 Wednesday, December 16 Thursday, December 24 4 Friday, December 25 #. Monday, December 28 4 Monday, December 28 6:30 pm, Council Chambers Christmas Eve Christmas Day 5 :30 pm, Community Room 6:30 pm, Council Chambers Environmental Board City Hall Closed City Hall Closed Council Work Session Council Meeting AGENDA ITEM NO 1D • STAFF ORIGINATOR: Rick DeGardner, Public Services Director DATE: December 28, 2009 TOPIC: Consideration of Resolution 09 -118, Contract for Joint Usage of Water Facilities By and Between the City of Lino Lakes and the City of Centerville VOTE REQUIRED: Simple Majority BACKGROUND: On March 10, 1999 the City of Lino Lakes and the City of Centerville entered into a joint powers agreement that provided an interconnect between the two cities' water distribution systems. This partnership provides both communities with an alternate water supply in emergency situations. Water flow recording meters where installed on both sides of the interconnection line for the purpose of measuring flow from the Lino Lakes water system into the Centerville water system and the flow from the Centerville water system into the Lino Lakes water system. The original agreement indicated that the meters would be read at the end of each calendar quarter •with the city with the greatest net flow billing the other city. Payments were based on the current respective City residential rate at the time of billing. Actual past practice has been for the City receiving the greatest net flow to reimburse the other city in the form of water which may be used within twelve months. Resolution 09 -118 simply updates in writing the current method of reimbursement between Lino Lakes and Centerville. OPTIONS: 1. Approve Resolution 09 -118, Contract for Joint Usage of Water Facilities By and Between the City of Lino Lakes and the City of Centerville. 2. Do not approve Resolution 09 -118. RECOMMENDATION: Option 1. • CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 09 -118 CONTRACT FOR JOINT USAGE OF WATER FACILITIES BY AND BETWEEN THE CITY OF LINO LAKES AND THE CITY OF CENTERVILLE WHEREAS, On March 10, 1999 the City of Lino Lakes and the City of Centerville entered into a joint powers agreement that provided an interconnect between the two cities' water distribution systems; and WHEREAS, This partnership provides both communities with an altemate water supply in emergency situations; and WHEREAS, Water flow recording meters where installed on both sides of the interconnection line for the purpose of measuring flow from the Lino Lakes water system into the Centerville water system and the flow from the Centerville water system into the Lino Lakes water system; and WHEREAS, The original agreement indicated that the meters would be read at the end of each calendar quarter with the city with the greatest net flow billing the other city. Payments were based on the current respective City residential rate at the time of billing; and WHEREAS, Actual past practice has been for the City receiving the greatest net flow to reimburse the other city in the form of water which may be used within twelve months; and WHEREAS, Resolution 09 -118 simply updates in writing the current method of reimbursement between Lino Lakes and Centerville. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota, that the Mayor and Clerk are hereby authorized to execute, on behalf of the City, an agreement between the City of Lino Lakes and the City of Centerville for joint usage of water facilities. Passed by the Lino Lakes City Council this 28th day of December, 2009. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk • • • • • • INTERCONNECT AGREEMENT CONTRACT FOR JOINT USAGE OF WATER FACILITIES BY AND BETWEEN THE CITY OF LINO LAKES AND '111E CITY OF CENTERVILLE, ANOKA COUNTY, MINNESOTA THIS AGREEMENT, made and entered into this day of, , by and between the City of Lino Lakes, a municipal corporation, situated in Anoka County, Minnesota, hereinafter called "Lino Lakes ", and the City of Centerville, a municipal corporation, situated in Anoka County, Minnesota, hereinafter called "Centerville ". Both Lino Lakes and Centerville have the authority to enter into this agreement pursuant to Minnesota Statute 471.59. WHEREAS, Lino Lakes has constructed a water system capable of providing emergency and peak demand water supply service to Centerville, and Centerville has constructed a water system capable of providing emergency and peak demand water supply service to Lino Lakes, including the construction of an elevated water storage tank and trunk watermains. WHEREAS, an interconnection has been constructed between the two communities water systems providing the means for each city to provide such peak or emergency demand water supply service to the other. WHEREAS, water flow recording meters have been installed at the interconnection line for the purpose of measuring the flow from the Lino Lakes water system into the Centerville water system and the flow from the Centerville water system into the Lino Lakes water system. NOW, "THEREFORE, the parties hereto agree as follows: SECTION 1. OWNERSHIP AND MAINTENANCE 1. Lino Lakes shall have ownership and be responsible for operation and maintenance of the water system located within the corporate boundaries of Lino Lakes. Centerville shall have ownership and be responsible for operation and maintenance of the water system located within the corporate boundaries of Centerville. 2. The interconnection line, metering manhole, and appurtenances shall be jointly maintained by the two cities and costs for such maintenance shared equally. 3. The cities of Centerville and Lino Lakes shall adopt an "odd/even" lawn watering policy. The cities shall enforce total lawn watering bans that may be necessary to manage use and available supply. SECTION 2. CHARGES The single two -way meter installed on the interconnect shall be read at the end of each calendar quarter. The city receiving the greatest net flow shall reimburse the other city in the form of water which may be used within twelve months. In the event that that city does not have water capacity to provide the reimbursement in the form of water, they shall instead reimburse the providing city for the cost of such water at a rate of 80% of the providing city's residential water rate at the time of billing. Payments shall be made on or before the 20th day of the month following the end of the quarter. SECTION 3. WATER STANDARDS AND CONSTRUCTION 1. Each city's water supply shall provide clean, safe, potable water. Lino Lakes and Centerville agree that they shall exercise reasonable care to prevent toxic or harmful substances from contaminating the water supply of the other party. In the event that either party finds or has reason to believe that contamination exists in its system, or upon a finding that their water is not potable, that city shall notify the other immediately. Upon request, each city shall supply the other city with copies of yearly analytical test data from the Minnesota Department of Health. If either city allows volatile organics to be discharged into the waxer system, such items shall be eliminated by the responsible city. Failure to comply with this section shall be grounds for immediate termination of the water exchange system. 2. All watermain construction within Centerville or Lino Lakes shall meet the most recent City Engineers Association of Minnesota "Standard Utilities Specifications for Watermain and Service Line Installation and Sanitary Sewer and Storm Installation." Neither party shall substantially change the specifications for any parts of the water system which would be interconnected between the cities without the notification of the other. SECTION 4. INDEMNIFICATION Each party agrees to indemnify the other and save the other harmless from any and all claims or demands for damages arising out of or which may result from the water supply pursuant to this Agreement, and from the use, installation, maintenance, and repair of its facilities as set forth in this Agreement. SECTION 5. EVENT OF EMERGENCY Either party shall have the absolute right to close off the interconnect in the event of a water emergency where the City in its sole judgment will be unable to supply any water needs of the other. SECTION 5. TERMINATION In addition to the termination provisions in Section 3, either city shall have the • • • • right to cancel this Agreement on account of any violation of the terms and conditions of this Agreement by the other city by first giving thirty (30) days written notice to the other party of such violation and a failure to correct the violation within said thirty (30) day period of time. Either city shall have the right to cancel and annul this Agreement, without cause, by first giving three (3) years written notice to the other party of such intent to cancel this Agreement, no further payments shall be due hereunder, except obligations arising prior to the effective date of termination. Upon such effective date of termination, the connection between the water system of Lino Lakes and the water system of Centerville shall immediately be disconnected by the party terminating the agreement. SECTION 6. Er r ECTIVE DATE OF THIS AGREEMENT This Agreement shall take effect and be in force after the date of execution of the same by the proper officers of Centerville and Lino Lakes, pursuant to approval of the governing bodies of the municipalities, accepting and agreeing to abide and be bound by the terms, provisions, and conditions hereof and authorizing such execution. • CITY OF CENTERVILLE Attest: Mayor City Clerk Dated this day of , 20 CITY OF LINO LAKES Attest Mayor City Clerk Dated this day of , 20 • • • • AGENDA ITEM 3 A STAFF ORIGINATOR: Daniel Tesch, Director of Administration MEETING DATE: 28 December 2009 TOPIC: City of Lino Lakes and Local 49 VOTE REQUIRED: 3/5 BACKGROUND The collective bargaining agreement between the City and Local 49 (public works) expires 31 December 2009. We have negotiated a tentative agreement for 2010 which extends the provisions in the existing contract with the following adjustments: • No cost of living adjustment for 2010 • 80 hours of unpaid furlough • An increase of 20 hours of comp. time that may be accumulated in a year • Training language regarding the local 49 training center • The addition of mediation as a step in dispute resolution In consideration of employee concessions towards 2010 budget relief, the union has included a clause that no additional layoffs take place within this unit in 2010. Everyone realizes that uncertainties loom for 2011. This is therefore a one year agreement. Local 49 will be voting on this proposal on 28 December. RECOMMENDATION Approve the attached draft Memorandum of Understanding. ATTACHMENTS Memorandum of Understanding. DRAFT • MEMORANDUM OF UNDERSTANDING CITY OF LINO LAKES AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49, AFL -CIO CONTRACT EXTENSION & FURLOUGH PLAN This MEMORANDUM OF UNDERSTANDING is entered into by the EMPLOYER, and the UNION for the purpose of extending the AGREEMENT dated 1 January 2008 — 31 December 2009. The EMPLOYER and UNION agree to extend the terms and conditions of employment with the modifications outlined in this AGREEMENT. FURLOUGH PLAN: The EMPLOYER and UNION agree to an Eighty (80) Hour unpaid furlough for the calendar year 2010. Furlough days will be in increments of four (4) Hours and will be used at the discretion of the EMPLOYEE upon approval of the EMPLOYER. No more than three (3) Furlough Days may be taken in one week. One half of the unpaid leave hours must be taken by 15 July 2010. BENEFITS: There will be no change in benefits or loss of accrued leave time due to the EMPLOYEE taking furlough days. There will be no changes in seniority. PERA: EMPLOYEES may buy back PERA credits for lost wages with the EMPLOYER contributing the employer's portion. PAYROLL: EMPLOYEES will mark furlough days on timecards and pay will be deducted on an as taken basis. UNION SECURITY: The EMPLOYER agrees to maintain 16 bargaining unit members for 2010 except if there is a reduction due to attrition. MONITORING: The UNION will have access to the Finance Director in mid -July to discuss City financial affairs and the EMPLOYER'S determination of the financial necessity of the second half of the unpaid leave hours. • • • • ARTICLE XI OVERTIME: Section 1. Hours worked in excess of eight (8) within a twenty - four hour period (except shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one -half (1 1 /z) times the employee's regular base pay rate. Compensatory time at time and one -half (1 1 /2) may be taken, at the option of the employee, as payment of overtime worked, in lieu of money. Once accumulated, employees may use compensatory time with the prior approval of the Director of Public Services or the Public Works Superintendent. Compensatory time may be accumulated to a maximum of sixty (404-60) hours. Compensatory time totally more than forty hours will be paid out at the last pay period of the year. Employees may carry over forty twent (20) (40) hours of compensatory time into the following year. ARTICLE XII GRIEVANCE PROCEDURE: Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived. ARTICLE XVIII EDUCATIONAL TRAINING: (add the following language) EMPLOYEES will have the opportunity to attend Phase 1, Phase 2 and Phase 3 training at the Local 49 training center. Prior approval must be received and money must be appropriated for the training in the department's annual budget. ARTICLE XXIV DURATION: 1 January 2010 — 31 December 2010 RENEW MOU'S UPDATE CENTRAL PENSION FUND MOU FOR THE CITY OF LINO LAKES: FOR IUOE, LOCAL 49 By Mayor • By City Clerk By Area Business Rep. By Steward Dated Dated • • • • • • AGENDA ITEM 3 B STAFF ORIGINATOR: Daniel Tesch, Director of Administration MEETING DATE: 28 December 2009 TOPIC: City of Lino Lakes and AFSCME Local 2454 VOTE REQUIRED: 3/5 BACKGROUND The collective bargaining agreement between the City and AFSCME Local 2454 expires 31 December 2009. We have negotiated a tentative agreement for 2010 which extends the provisions in the existing contract with the following adjustments: • No cost of living adjustment for 2010 • 80 hours of unpaid voluntary salary saving leave In consideration of employee concessions towards 2010 budget relief, the union has included a clause that no additional layoffs take place within this unit in 2010. Everyone realizes that uncertainties loom for 2011. This is therefore a one year agreement. AFSCME members will be voting on this proposal the week of 28 December. RECOMMENDATION Approve the attached draft Memorandum of Understanding. ATTACHMENTS Memorandum of Understanding. DRAFT MEMORANDUM OF UNDERSTANDING CITY OF LINO LAKES AND LOCAL 2454 OF 1HE AMERCIAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL,CIO CONTRACT EXTENSION & VOLUNTARY SALARY SAVING LEAVE POLICY This MEMORANDUM OF UNDERSTANDING is entered into by the EMPLOYER, and the UNION for the purpose of extending the AGREEMENT dated 1 January 2008 — 31 December 2009. The EMPLOYER and UNION agree to extend the terms and conditions of employment without modification as outlined in the AGREEMENT VOLUNTARY SALARY SAVING LEAVE POLICY: The EMPLOYER and UNION agree to Eighty (80) Hours unpaid leave for the calendar year 2010. Unpaid leave days may be taken in increments of Four (4) Hours (minimum increment) and may be used at the discretion of the EMPLOYEE upon approval of the EMPLOYER. No more than three (3) unpaid leave days may be taken in one week. One half of the unpaid leave hours must be taken by 15 July 2010. BENEFITS: There will be no change in benefits or loss of accrued leave time due to the EMPLOYEE taking unpaid leave. There will be no changes in seniority. PERA: EMPLOYEES may buy back PERA credits for lost wages with the EMPLOYER contributing the employer's portion. PAYROLL: EMPLOYEES will mark unpaid leave hours on their time -off slips and pay will be deducted on an as taken basis. APPLICABILITY TO PART -TIME EMPLOYEES: Part-time EMPLOYEES will not be required to participate in the Voluntary Salary Saving Leave. MONITORING: The UNION will have access to the Finance Director in mid -July to discuss City financial affairs and the EMPLOYER'S determination of the financial necessity of the second half of the unpaid leave hours. • • • • UNION SECURITY: The EMPLOYER agrees to maintain 23 bargaining unit members for 2010 except if there is a reduction due to attrition. DURATION: 1 January 2010 — 31 December 2010 FOR THE CITY OF LINO LAKES: FOR AFSCME, LOCAL 2454 By By Mayor Area Business Rep. By By • City Clerk Steward Dated Dated • • • • AGENDA ITEM 3 C STAFF ORIGINATOR: Daniel Tesch, Director of Administration MEETING DATE: 28 December 2009 TOPIC: City of Lino Lakes and L.E.L.S 299 VOTE REQUIRED: 3/5 BACKGROUND The collective bargaining agreement between the City and L.E.L.S (police officers) expires 31 December 2010. The City asked to reopen the existing agreement and discuss options that would assist the city deal with LGA unallotments. L.E.L.S has agreed to forgo their 3% Cost of Living increase until the first day of the last pay period of 2010. In consideration of employee concessions towards 2010 budget relief, the union has included a clause that no additional layoffs take place within this unit in 2010. Everyone realizes that uncertainties loom for 2011. RECOMMENDATION Approve the attached draft Memorandum of Understanding. ATTACHMENTS Memorandum of Understanding. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into between the City of Lino Lakes (hereafter "City") and Law Enforcement Labor Services, Inc., Local 299 (hereafter "Union "). WHEREAS, the City and the Union are parties to 2009 -2010 collective bargaining agreement (hereafter "CBA "); WHEREAS, the City has experienced significant loss of revenues through decreases in property taxes and LGA unallotments; WHEREAS, the Union is under no obligation to re -open negotiations under the CBA, but understands the uniqueness of the current economic environment and the financial issues facing the City; WHEREAS, the Union, in conjunction with the Lino Lakes Police Department administration, sought out, applied for and were awarded a grant, effective for 2010, in an amount that will greatly exceed any financial savings to the City from 80 hour furlou•hs for each Union member; NOW THEREFORE, the City and Union agree that: 1. The 3 percent wage increase, scheduled to go into effect on January 1, 2010, will be suspended until the first day of the last pay period of 2010. 2. In the event that any Union member is laid off or furloughed, this MOU shall be void. Consequently, the 3 percent wage increase will be retroactively effective to January 1, 2010, and all members shall receive backpay accordingly. LEL . O 99 B ine Agent Steward CITY OF LINO LAKES -61 date Ci ty Clerk date date Mayor date • • • • AGENDA ITEM 3 D STAFF ORIGINATOR: Daniel Tesch, Director of Administration MEETING DATE: 28 December 2009 TOPIC: City of Lino Lakes and L.E.L.S 260 VOTE REQUIRED: 3/5 BACKGROUND The collective bargaining agreement between the City and L.E.L.S (Sergeants) expires 31 December 2010. The City asked to reopen the existing agreement and discuss options that would assist the city deal with LGA unallotments. L.E.L.S has agreed to forgo their 3% Cost of Living increase until the first day of the last pay period of 2010. In consideration of employee concessions towards 2010 budget relief, the union has included a clause that no additional layoffs take place within this unit in 2010. Everyone realizes that uncertainties loom for 2011. RECOMMENDATION Approve the attached draft Memorandum of Understanding. ATTACHMENTS Memorandum of Understanding. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into between the City of Lino Lakes (hereafter City ) and Law Enforcement Labor Services, Inc., Local 260 (hereafter Union). WHEREAS, the City and the Union are parties to a 2009 -2010 collective bargaining agreement (hereafter CBA ); WHEREAS, the City has experienced significant loss of revenues through decreases in property taxes and LGA unallotments; WHEREAS, the Union is under no obligation to re -open negotiations under the CBA, but understands the uniqueness of the current economic environment and the financial issues facing the City; 'WHEREAS, the Union, in conjunction with the Lino Lakes Police Department administration, sou • ht out, applied for and were awarded a grant, effective for 2010, in an amount thRt will greatly exceed any financial savings to the City from 80 hour furloughs for each Union member, NOW TI±1;REFORE, the City and Union agree that: 1. The 3 percent wage increase, scheduled to go into effect on January 1, 2010, will be suspended until the first day of the last pay period of 2010. 2. In the event thRt any Union member is laid off or furloughed, this MOU shall be void. Consequently, the 3 percent wage increase will be retroactively effective to January 1, 2010, and all members shall receive backpay accordingly. For the City For the Union t-7' • • • AGENDA ITEM NO. 5A STAFF ORIGINATOR: Rick DeGardner, Public Services Director DATE: December 28, 2009 TOPIC: Consideration of Resolution 09 -117, Dissolution of Site Agreement Between the City of Lino Lakes and Centennial School District No. 12 VOTE REQUIRED: Simple Majority BACKGROUND: On August 10, 2009, the City Council began the process of formulating the 2010 budget. To assist in balancing the 2010 budget, the termination of the Site Agreement between the City of Lino Lakes and Centennial School District No. 12 (CSD) was agreed upon by the City Council as a cost saving measure during this budget work session and subsequent work sessions. Section 17 of the Site Agreement states, "This Agreement shall continue and be automatically renewed annually commencing on January 1, unless either party is served written notice at least thirty (30) days prior to January 1 of each year that it intends to terminate or modify this agreement." To maintain a positive, working relationship with the CSD, staff sent a letter on September 22, 2009 serving written notice of the City's intent to terminate the Site Agreement. Staff felt it was important to provide sufficient notice so the CSD would have adequate time to make the necessary adjustments. Upon the official adoption of the 2010 budget (which doesn't include funding for maintaining the school district facilities), at the December 14, 2009 City Council meeting, staff is recommending that a separate resolution be approved acknowledging the termination of the Site Agreement between the City of Lino Lakes and Centennial School District No. 12 as outlined in the letter sent to CSD September 22, 2009 (attached). OPTIONS: 1. Approve Resolution 09 -117. 2. Do not approve Resolution 09 -117. RECOMMENDATION: Option 1. CITY OF LINO LAKES RESOLUTION NO. 09-117 RESOLUTION DISSOLVING SITE AGREEMENT BETWEEN THE CITY OF LINO LAKES AND CENTENNIAL SCHOOL DISTRICT NO. 12 WHEREAS, In 2003, Site Agreement was executed that combined the Rice Lake Elementary School Site Agreement (1991), the Centennial Middle School Site Agreement (1997), and Blue Heron Elementary School; and WHEREAS, To assist in balancing the 2010 budget, the termination of the Site Agreement between the City of Lino Lakes and Centennial School District No. 12 (CSD) was agreed upon by the City Council as a cost saving measure; and WHEREAS, The Site Agreement states, "This Agreement shall continue and be automatically renewed annually commencing on January 1, unless either party is served written notice at least thirty (30) days prior to January 1 of each year that it intends to terminate or modify this agreement;" and WHEREAS, The City of Lino Lakes sent written notice on September 22, 2009 notifying the Centennial School District No. 12 of the City's intent to terminate the Site Agreement as required. NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council hereby officially acknowledges the termination of the Site Agreement between the City of Lino Lakes and Centennial School District No. 12. Adopted by the Lino Lakes City Council this 28th day of December, 2009. John J. Bergeson, Mayor Al PEST: Julianne Bartell, City Clerk • 410 Lino Lakes Public Services Department 600 Town Center Parkway Lino Lakes, MN 55014 (651) 982 -2440 Fax (651) 982 -2439 www.ci.lino-lakes.mn.us September 22, 2009 Dr. Paul Stremick, Superintendent Centennial School District 12 4707 North Road Circle Pines, Minnesota 55014 Dear Dr. Stremick: The purpose of this letter is to serve official, written notice of the City of Lino Lakes' intent to terminate the "S112E AGREEMENT BETWEEN CITY OF LINO LAKES AND CENTENNIAL SCHOOL DISTRICT NO. 12" (dated February 2003). This Agreement combined the Rice Lake Elementary Site Agreement of 1991, the Centennial Middle School Site Agreement of 1997, and added Blue Heron Elementary School. Section 17 of this Agreement requires either party to serve written notice at least thirty (30) days prior to January 1 of each year that it intends to terminate or modify this Agreement. Therefore, all agreements pertaining to the maintenance of outdoor facilities at Rice Lake Elementary School, Centennial Middle School and Blue Heron Elementary Schoo an• ' effectively terminate on December 31, 2009. With the termination of the Site Agreement, I assume the Centennial School District will change our priority listing classification related to the District's Facility Use Policy No. 2060. Please notify us of any changes relating to our use of Centennial School District facilities (time line for permits, fees, etc). The Parks and Recreation Department will be submitting the facility request forms to the Community Service Department for our winter programs next week. Sincerely, Rick DeGardner Public Services Director CC: Ms. Cathy Wyland, Community Services /Communications Director Mr. Bob Cierzan, Building and Grounds Supervisor Mr. Mike Hoffman, Parks Supervisor sw /rick/Terrrnnation of Site Agreement with ISD12 Dec 2009.com —46— • AGENDA ITEM NO. 5B STAFF ORIGINATOR: Rick DeGardner, Public Services Director DATE: December 28, 2009 TOPIC: Consideration of Resolution 09 -119, Clear Wireless LLC Communication Site Lease Agreement VOTE REQUIRED: Simple Majority BACKGROUND: Clear Wireless LLC is proposing to lease space for the installation of antenna facilities on the city's existing water storage tank located at 7470 4th Avenue NE. Three sectors of up to four panel antennas will be placed on the tower. The associated cabinets will be installed inside the tower base on a platform approximately 7'x 7'. An intermodulation study was conducted by Owl Engineering & EMC Test labs, Inc. and the results indicate that the Clear Wireless communications system added frequencies should not cause any harmful interference problems to any of the existing communications systems. •The proposed agreement provides for rent in the amount of $900 per month for a period of five years. The agreement provides for automatic renewals of five additional five -year terms, each with a 5 percent annual rent increase of the previous term's annual rent. The necessary language to indemnify and hold harmless the City on all claims due to Clear Wireless LLC operation, installation, or maintenance of their equipment has been included. Staff is requesting council approval of the attached communication site lease agreement. OPTIONS: 1. Approve Resolution 09 -119, Clear Wireless LLC Antenna Lease Agreement. 2. Do not approve Resolution 09 -119. RECOMMENDATION: Option 1. • CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 09 -119 APPROVING CLEAR WIRELESS LLC COMMUNICATION SITE LEASE AGREEMENT WHEREAS, Clear Wireless LLC is proposing to lease space for the installation of antenna facilities on the city's existing water storage tank located at 7470 4th Avenue NE; and WHEREAS, Clear Wireless LLC is proposing to lease space of approximately 49 square feet inside the tower base. In addition, three sectors of up to four panel antennas each will be placed on the tower, and WHEREAS, An intermodulation study was conducted by Owl Engineering & EMC Test labs, Inc. and the results indicate that the Clear Wireless communications system added frequencies should not cause any harmful interference problems to any of the existing communications systems; and WHEREAS, The proposed agreement provides for rent in the amount of $900 per month for a period of five years. The agreement provides for automatic renewals of five additional five -year terms, each with a 5 percent annual rent increase of the previous term's annual rent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota, that the Mayor and Clerk are hereby authorized to execute, on behalf of the City, an agreement between the City and Clear Wireless LLC, for the installation of antenna facilities on the city's existing water storage tank located at 7470 4th Avenue NE. Passed by the Lino Lakes City Council this 28th day of December, 2009. John J. Bergeson, Mayor ATTEST: Julianne Bartell, City Clerk • • SITE NAME Lino Lakes wr - Apollo Dr & 4th Ave SITE NUMBER_ 1.2N- MSP0126 • COMMUNICATION SITE LEASE AGREEMENT (WATER TANK) • THIS COMMUNICATION SHE LEASE AGREEMENT ( "Agreement ") dated and is effective as of , 2009, is between Clear Wireless LLC, a Nevada limited liability company ( "Clearwire" or "Tenant"), and the City of Lino Lakes, a municipal corporation ( "Owner" or "Landlord "). For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Premises. Owner owns a parcel of land ( "Land ") and a water tank ( "Water Tank ") located in the City of Lino Lakes, County of Anoka, State of Minnesota, commonly known as 7470 4th Avenue NE Lino Lakes, MN 55014 (APN: 17- 31- 22- 23- 0016). The Water Tank and the Land are collectively referred to herein as the "Property." The Land is more particularly described in Exhibit A annexed hereto. Subject to the provisions of Paragraph 2 below ("Effective Date/Due Diligence Period "), Owner hereby leases to Clearwire and Clearwire leases from Owner approximately Forty-nine (49) square feet of Land and space adjacent to and/or on the Water Tank and all access and utility easements necessary or desirable therefore (collectively, "Premises ") as may be described generally in Exhibit B annexed hereto. 2. Effective Date/Due Diligence Period. This Agreement shall be effective on the date of full execution hereof ( "Effective Date "). Beginning on the Effective Date and continuing until the Term Commencement Date as defined in Paragraph 4 below ( "Due Diligence Period "), Clearwire shall only be permitted to enter the Property for the limited purpose of making appropriate engineering and boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental tests (collectively, "Investigations and Tests ") that Clearwire may deem necessary or desirable to determine the physical condition, feasibility and suitability of the Premises. In the event that Clearwire determines, during the Due Diligence Period, that the Premises are not appropriate for Clearwire's intended use, or if for any other reason, or no reason, Clearwire decides not to commence its tenancy of the Premises, then Clearwire shall have the right to terminate this Agreement without penalty upon written notice to Owner at any time during the Due Diligence Period and prior to the Term Commencement Date. Owner and Clearwire expressly acknowledge and agree that Clearwire's access to the Property during this Due Diligence Period shall be solely for the limited purpose of performing the Investigations and Tests, and that Clearwire shall not be considered an owner or operator of any portion of the Property, and shall have no ownership or control of any portion of the Property (except as expressly provided in this Paragraph 2), prior to the Term Commencement Date. 3. Use. The Premises may be used by Tenant for any lawful activity in connection with the provisions of wireless communications services, including without limitation, the transmission and the reception of radio communication signals and the construction, maintenance and operation of related communications facilities. Landlord agrees, at no expense to Landlord, to cooperate with Tenant, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Tenant's intended use of the Premises. 4. Term. The term of this Agreement shall commence upon the date Tenant begins construction of the Tenant Facilities (as defined in Paragraph 6 below) or eighteen (18) months following the Effective Date, whichever first occurs ( "Term Commencement Date ") and shall terminate on the fifth anniversary of the Term Commencement Date ( "Term ") unless otherwise terminated as provided herein. Tenant shall have the right to extend the Term for five (5) successive five (5) year periods ( "Renewal Terms ") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Tenant notifies Landlord of its intention not to renew at least thirty (30) days prior to commencement of the succeeding Renewal Term. 5. Rent. Within fifteen (15) business days following the Term Commencement Date and on the first day of each month thereafter, Tenant shall pay to Landlord as rent NINE HUNDRED and 00 /100 Dollars (5900.00) per month ( "Rent "). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be increased at the beginning of any applicable Renewal Term by an amount equal to five percent (5 %) of the Rent for the Term or previous Renewal Term Rent shall be payable to Landlord at 600 Town Center Parkway, Lino Lakes, MN 55014; Attention: Rick DeGardner. All of Tenant's monetary obligations set forth in this Agreement are conditioned upon Tenant's receipt of an accurate and executed W -9 Form from Landlord. Clearwire Communication Tower Agreement -4�- v.5 -22-06 SITE NAME Lino Lakes WT - Apollo Dr & 4th Ave SITE NUMBER MN- MSP0126 6. Improvements. 6.1 Tenant has the right to construct, maintain, install, repair secure, replace, remove and operate on the Premises radio communications facilities, including but not limited to utility lines, transmission lines, an ice bridge(s), an air conditioned equipment shelter(s), electronic equipment, transmitting and receiving antennas, microwave dishes, antennas and equipment, a power generator and generator pad, and supporting equipment and structures therefore ( "Tenant Facilities "). In connection therewith, Tenant has the right to do all work necessary to prepare, add, maintain and alter the Premises for Tenant's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and worlmanlilce manner. Title to the Tenant Facilities and any equipment placed on the Premises by Tenant shall be held by Tenant or its lenders or assigns and are not fixtures. Tenant has the right to remove the Tenant Facilities at its sole expense on or before the expiration or earlier termination of this Agreement, and Tenant shall repair any damage to the Premises caused by such removaL Upon the expiration or earlier termination of this Agreement, Tenant shall remove the Tenant Facilities from the Property. 7. Access and Utilities. 7.1 Landlord shall provide Tenant, Tenant's employees, agents, contractors, subcontractors and assigns with access to the Premises twenty -four (24) hours a day, seven (7) days a week, via an access code provided to Tenant for a one -time charge of five hundred dollars ($500.00). Landlord grants to Tenant, and Tenant's agents, employees and contractors, a non - exclusive right and easement for pedestrian and vehicular ingress and egress across the Property, and such right and easement may be described generally in Exhibit B. 7.2 Landlord shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Landlord shall be responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Tenant's use of such roadways. 7.3 Tenant shall be solely responsible, and shall promptly pay all charges, for utility service to the Premises, for the proper permitting of utility service connections, and for the cost of installation, maintenance, and repair of all utility services and meters associated with such utility service. Tenant shall have an electric meter installed at the Premises and shall have the right to run such utility lines and other, electrical equipment as may be necessary from the utility source to the Tenant Facilities. 8. Interference. Tenant shall operate the Tenant Facilities in compliance with all Federal Communications Commission ( "FCC") requirements including those prohibiting interference to communications facilities of Landlord or other lessees or licensees of the Property, provided that the installation and operation of any such facilities predate the installation of the Tenant Facilities. Subsequent to the installation of the Tenant Facilities, Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any alterations to the Property or property contiguous thereto owned or controlled by Landlord, if such modifications are likely to cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to use best efforts to eliminate such interference in a reasonable time period_ Landlord's failure to comply with this paragraph shall be a material breach of this Agreement 9. Taxes. Tenant shall pay personal property taxes assessed against the Tenant Facilities and Landlord shall pay when due, all real property taxes and all other taxes, fees and assessments attributable to the Premises or this Agreement. 10. Termination. 10.1 This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, except that this Agreement shall not be terminated if the default cannot reasonably be cured within such sixty (60) day period and the defaulting party has commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion; provided that the grace period for any monetary default is ten (10) days from receipt of written notice. This Ciearwire Communication Tower Agreement -597 v.5 -22 -06 • • • • • • SITE NAME Lino Lakes WT - Apollo Dr & 4th Ave SITE NUMBER MN- MSP012.6 Agreement may be terminated by Tenant without further liability for any reason or for no reason, provided Tenant delivers written notice of termination to Landlord prior to the Commencement Date. 10.2 This Agreement may also be terminated by Tenant without further liability on thirty (30) days prior written notice (i) if Tenant is unable to reasonably obtain or maintain any certificate, license, permit, authority or approval from any governmental authority, thus, restricting Tenant from installing, removing, replacing, maintaining or operating the Tenant Facilities or using the Premises in the manner intended by Tenant; (ii) if Tenant determines that the Premises are not appropriate for its operations for economic, environmental or technological reasons, including without limitation, signal strength, coverage or interference, or (iii) or Tenant otherwise determines, within its sole discretion, that it will be unable to use the Premises for Tenant's intended purpose. 11. Destruction or Condemnation. If the Premises or Tenant Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Tenant may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Landlord no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. If Tenant chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises. 12. Insurance; Subrosation_ and Indemnity. 12.1 Tenant shall provide Commercial General Liability Insurance in an aggregate amount of One Million and No /100 Dollars ($1,000,000.00). Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master policy of liability insurance Tenant may maintain. 12.2 Landlord, at Landlord's sole cost and expense, shall procure and maintain CGL insurance covering bodily injury and property damage with a combined single limit of at least One Million and 00 /100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Landlord, its employees and agents arising out of or in connections with landlord's use, occupancy and maintenance of the Property. Within thirty (30) days following the Effective Date, Landlord shall provide Tenant with a COI evidencing the coverage required by this Section. 12.3 Landlord and Tenant hereby mutually release each other (and their successors or assigns) from liability and waive all right of recovery against the other for any loss or damage covered by their respective first -party property insurance policies for all perils insured there under. In the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. 12.4 Landlord and Tenant shall each indemnify, defend and hold the other harmless from and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants' fees, costs and expenses) (collectively "Losses ") arising from the indemnifying party's breach of any term or condition of this Agreement or from the negligence or willful misconduct of the indemnifying party or its agents, employees or contractors in or about the Property. The duties described in this Paragraph 12.4 shall apply as of the Effective Date of this Agreement and survive the termination of this Agreement. 13. Assignment. Tenant may assign this Agreement at any time with notice to be provided to Landlord as soon thereafter as reasonably possible. 14. Title and Quiet Enjoyment 14.1 Landlord represents and warrants that (i) it has full right, power, and authority to execute this Agreement, (ii) Tenant may peacefully and quietly enjoy the Premises and such access thereto, provided that Tenant is not in default hereunder after notice and expiration of all cure periods, (iii) it has obtained all necessary approvals and consents, and has taken all necessary action to enable Landlord to enter into this Agreement and allow Tenant to install and operate the Facility on the Premises, including without limitation, approvals and consents as may be necessary from other tenants, licensees and occupants of Landlord's Property, and (iv) the Property and access rights are free and clear of all liens, encumbrances and restrictions except those of record as of the Effective Date. 14.2 Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of Tenant, such title report shows any defects of title Ciearwire Communication Tower Agreement -513- v5 -22-06 SITE NAME Lino Lakes WT - Apollo Or & 4th Ave SITE NUMBER MN- MSP0126 or any liens or encumbrances which may adversely affect Tenant's use of the Premises, Tenant shall have the right to terminate this Agreement immediately upon written notice to Landlord. 15. Environmental. As of the Effective Date of this Agreement (1) Tenant hereby represents and warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or affecting the Property in violation of any applicable law or regulation, and (2) Landlord hereby represents and warrants that (i) it has no knowledge of the presence of any Hazardous Material located in, on, under, upon or affecting the Property in violation of any applicable law or regulation; (ii) no notice has been received by or on behalf of Landlord from any governmental entity or any person or entity claiming any violation of any applicable environmental law or regulation in, on, under, upon or affecting the Property; and (iii) it will not permit itself or any third party to use, generate, handle, store or dispose of any Hazardous Material in, on., under, upon, or affecting the Property in violation of any applicable law or regulation. Without limiting Paragraph 12.4, Landlord and Tenant shall each indemnify, defend and hold the other harmless from and against all Losses (specifically including, without limitation, attorneys', engineers', consultants' and experts' fees, costs and expenses) arising from (i) any breach of any representation or warranty made in this Paragraph 15 by such party; and/or (ii) environmental conditions or noncompliance with any applicable law or regulation that result, in the case of Tenant, from operations in or about the Property by Tenant or Tenant's agents, employees or contractors, and in the case of Landlord, from the ownership or control of, or operations in or about, the Property by Landlord or Landlord's predecessors in interest, and their respective agents, employees, contractors, tenants, guests or other parties. The provisions of this Paragraph 15 shall apply as of the Effective Date of this Agreement and survive termination of this Agreement "Hazardous Material" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated substances, pollutants or contaminants or terms of similar import, as such terms are defined in any applicable environmental law or regulation, and shall include, without limitation, any petroleum or petroleum products or by- products, flammable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and any other substance or material which constitutes a threat to health, safety, property or the environment or which has been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any applicable environmental law or regulation. 16. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise concerning the Tenant Facilities or any portion thereof which shall be deemed personal property for the purposes of this Agreement, whether or not the same is deemed real or personal property under applicable laws, and Landlord gives Tenant and Mortgagees the right to remove all or any portion of the same from time to time, whether before or after a default under this Agreement, in Tenant's and/or Mortgagee's sole discretion and without Landlord's consent 17. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by for next- business -day delivery by a nationally recognized overnight carrier to the following addresses: If to Tenant, to: With a copy to: If to Landlord, to: Clear Wireless LLC Clear Wireless LLC City of Lino Lakes Attn: Site Leasing Attention. Legal Department Attn: Rick DeGardner 4400 Carillon Point 4400 Carillon Point 600 Town Center Parkway Kirkland, WA 98033 Kirkland, WA 98033 Lino Lakes, MN 55014 Telephone: 425- 216 -7600 Telephone: 425 -216 -7600 Telephone: 651- 982 -2444 Fax: 425- 216 -7900 Fax: 425- 216 -7900 Email- Siteleasing ®clearwire.com Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt or refusal to accept delivery. 18. Marking and Lighting. Landlord shall be responsible for compliance with all marking and lighting requirements of the Federal Aviation Administration ( "FAA ") and the FCC. Should Tenant be cited because the Property is not in compliance and should Landlord fail to cure the conditions of noncompliance, Tenant may either terminate this Agreement or proceed to cure the conditions of noncompliance at Landlord's expense, which amounts may be deducted from (and offset against) the Rent and any other charges or amounts due, or coming due, to Landlord. clearwue communication Tower Agreement v.5 -22-06 • • • • • • SITE NAME Lino Lakes F? - Apollo Dr & 4th Ave Si la. NUMBER MN- MSPOI26 19. Miscellaneous. 19.1 If Tenant is to pay Rent to a payee other than the Landlord, Landlord shall notify Tenant in advance in writing of the payee's name and address. 19.2 The substantially prevailing party in any legal claim arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 19.3 If any provision of the Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 19.4 Terms and conditions of this Agreement which by their sense and context survive the termination, cancellation or expiration of this Agreement will so survive. 19.5 This Agreement shall be governed under law of the State in which the Premises are located, and be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. 19.6 A Memorandum of Agreement in the form attached hereto as Exhibit C may be recorded by Tenant confirming the (i) effectiveness of this agreement, (ii) expiration date of the Term, (iii) the duration of any Renewal Terms, and/or other reasonable terms consistent with this Agreement. 19.7 All Exhibits referred herein are incorporated herein for all purposes. 19.8 Landlord shall make a diligent and good faith effort to obtain a Nondisturbance Agreement for the benefit of Tenant from each lender with a security interest recorded upon the title to the Site at the time of execution of this Agreement. 19.9 This Agreement constitutes the entire Agreement between the parties, and supersedes all understandings, offers, negotiations and other leases concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth herein. Any amendments, modifications or waivers of any of the terms and conditions of this Agreement must be in writing and executed by both parties. 19.10 Landlord agrees not to disclose, without the written consent of Tenant, any of the terms of this Agreement or any other written agreement between the parties relating to the privileges granted herein, except as required by governmental authority, in which case Landlord shall inform Tenant prior to divulging such information. IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date first above written. LANDLORD: TENANT: The City of Lino Lakes, Clear Wireless LLC, a Nevada limited liability company a municipal corporation By By: Name: Name: Title: Title: Date: Date: Tax I.D.: Clearwire Communication Tower Agreement -5- v.5 -22-06 [Notary block for a Corporation] STATE OF COUNTY OF ) ss. SITE NAME Lino Lakes WT - Apollo Dr & 4th Ave SITE NUMBER MN- MSPD126 I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he /she signed this instrument, on oath stated that he /she was authorized to execute the instrument and acknowledged it as the of , to be the free and voluntary act of such party ,a for the uses and purposes mentioned in the instrument Dated: (Use this space for notary stamp /seal) [Notary block for an individual] STATE OF COUNTY OF Notary Public Print Name My commission expires ) ss. I certify that I lmow or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he /she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument Dated: (Use this space for notary stamp /seal) [Notary block for Tenant] Clearwire Communication Tower Agreement Notary Public Print Name My commission expires v5 -22 -06 • • • • • • STATE OF ) ss. COUNTY OF SITE NAME Lino Lakes WT - Apollo Dr & 4tL Ave SITE NUMBER: MN- MSP0126 I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Clear Wireless, a Nevada limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (Use this space for notary stamp /seal) Ciearwire Communication Tower Agreement Notary Public Print Name My commission expires -55- v3 -22-06 EXIT A DESCRIPTION OF LAND SITE NAME Lino Lakes WT - Apollo Dr & 4th Ave SITE NUMBER MN- MSP0126 to the Agreement dated .:. 6 2009, by and between the City of Lino Lakes, a municipal corporation, as Landlord, and Clear Wireless, a Nevada limited liability company, as Tenant The Land is described and/or depicted as follows (metes and bounds description): APN: 17-31-22-23-0016 A WRITTEN DESCRIPTION OF THE LAND WILL BE PRESENTED HERE OR ATTACHED HERETO Cfearwire Communication Tower Agreement v3 -22-06 • • • • • • SITE NAME Lino Lakes WT - Apollo Dr & 4th Ave SITE NUMBER MN- MSP0126 EXHIBIT B DESCRIPTION OF PREMISES to the Agreement dated �„ 2009, by and between the City of Lino Lakes, a municipal corporation, as Landlord, and Clear Wireless, a Nevada limited liability company, as Tenant. The Premises are described and/or depicted as follows: A DRAWING OF '.t HE PREMISES WILL BE PRESENTED HERE OR ATTACHED HERETO Notes: 1. Tenant may replace this Exhibit with a survey of the Premises once Tenant receives it. 2. The Premises shall be setback from the Property's boundaries as required by the applicable governmental authorities. 3. The access road's width will be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number, mounting positions and locations of antennas and transmission lines are illustrative only. The actual types, numbers, mounting positions and locations may vary from what is shown above. 5. The locations of any utility easements are illustrative only. The actual locations will be determined by the servicing utility company in compliance with all local laws and regulations. Clearwire Communication Tower Agreement -53- v.5 -22-06 t t NAME Lino Lakes WT - Apollo Dr & 4th Ave sTTE NUMBER MN- MSP0126 EXHIBIT C COMMUNICATIONS FACILITY to the Agreement dated 2009, by and between the City of Lino Lakes, a municipal corporation, as Landlord, and Clear Wireless, a Nevada limited liability company, as Tenant RECORDED AT REQUEST OF, AND WHEN RECORDED RETURN TO: Clear Wireless 4400 Carillon Point Kirkland,, WA 98033 Attn: Site Leasing MEMORANDUM OF AGREEMENT APN: 17- 31 -22 -23 -0016 This MEMORANDUM OF AGREEMENT is entered into on , 2009, by The City of Lino Lakes, a municipal corporation, with an address at 600 Town Center Parkway, Lino Lakes, MN 55014 (hereinafter referred to as "Owner" or "Landlord ") and Clear Wireless, a Nevada limited liability company, with an address at 4400 Carillon Point, Kirkland, WA 98033 (hereinafter referred to as " Clearwire" or "Tenant "). 1. Owner and Clearwire entered into a Communication Site Lease Agreement ( "Agreement") dated as of , 2009, effective upon full execution of the parties ( "Effective Date ") for the purpose of Clearwire undertaking certain Investigations and Tests and, upon finding the Property appropriate, for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Agreement. 2. The term of Clearwire's tenancy under the Agreement is for five (5) years commencing on the start of construction of the Tenant Facilities or eighteen (18) months following the Effective Date, whichever first occurs ( "Term Commencement Date "), and terminating on the fifth anniversary of the Term Commencement Date with five (5) successive five (5) year options to renew. 3. The Land that is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Tenant and all necessary access and utility easements (the "Premises ") are set forth in the Agreement In witness whereof the parties have executed this Memorandum of Agreement as of the day and year first written above. LANDLORD: TENANT: • • The City of Lino Lakes, Clear Wireless, a municipal corporation a Nevada limited liability company By EXHIBIT ONLY — DO NOT EXECUTE By. EDIT ONLY — DO NOT EXECUTE Name: Name: Title: Title: Date: Date: Cieerwire Communication Tower Agreement -5 v.5 -22-06 • • • [Notary block for a Corporation) STATE OF COUNTY OF ) ss. I certify that I know or have satisfactory evidence that before me, and said person acknowledged that he /she signed this authorized to execute the instrument and acknowledged it as the ,a for the uses and purposes mentioned in the instrument. Dated: SITE NAME Lino Lakes WT - Apollo Dr & 4th Ave SITE NUMBER. MN- MSPO126 is the person who appeared instrument, on oath stated that he /she was , to be the free and voluntary act of such party of (Use this space for notary stamp /seal) [Notary block for an individual] STATE OF COUNTY OF Notary Public Print Name My commission expires ) ss. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he /she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and pm-poses mentioned in the instrument. Dated: (Use this space for notary stamp /seal) /Notary block for Tenant) Cleatwire Communication Tower Agreement Notary Public Print Name My commission expires -5R- v.s -22 -06 STATE OF COUNTY OF ) ) ss. it NAME Lino Lakes WT - Apollo Dr & 4th Ave Slit NUMBER MN- MSP0126 I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Clear Wireless, a Nevada limited Liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated (Use this space for notary stamp /seal) Clearwire Communication Tower Agreement Notary Public Print Name My commission expires -6Q v.5 -22-06 • •