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Home My WebLink About12-14-2015 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, December 14, 2015 *********** City Council Meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members Kusterman, Rafferty, Roeser & Stoesz City Administrator: Jeff Karlson CITY COUNCIL MEETING, 6:30 P.M.  Roll Call - Council Members Rafferty, Kusterman, Roeser, Stoesz and Mayor Reinert were present  Pledge of Allegiance  Open Mike / Public Comment - Carol Stanek, 6970-6966 Lake Drive, requested an extension on correcting the issue with the animal shelter on her property; she also requested assistance from the Yellow Ribbon Community group in moving the shelter; Mayor requested that the citation be held until spring when the group can assist in the project  Setting the Agenda: Addition or deletion of agenda items The agenda was amended to move Item 4A to be discussed first and to remove Item 3B from the agenda 1. CONSENT AGENDA A) Consideration of Expenditures: i) December 14, 2015 (Check No. 102712 through 102833) in the amount of $1,121,871.15; ii) Centennial Fire District, Check No. 7199 through 7229 in the amount of $40,965.03 B) Consider approval of November 2, 2015 Work Session Minutes C) Consider approval of November 16, 2015 Special Work Session Minutes D) Consider approval of November 23, 2015 Work Session Minutes E) Consider approval of November 23, 2015 Council Meeting Minutes F) Consider approval of November 23, 2015 Special Work Session Minutes G) Consider approval of November 9, 2015 Council Meeting Minutes Council Member Rafferty absent H) Consider approval of November 9, 2015 Canvassing Board Minutes Council Member Rafferty absent Council Agenda -2- December 14, 2015 EXPANDED AGENDA I) Consider Resolution No. 15-140, Extension of Time for the Submittal of the Planned Unit Development Final Plan/Final Plat, Century Farm North 6th Addition J) Consider Resolution No. 15-139, Extension of Time for Conditional Use Permit, Morell Borrow Pit K) Consider Resolution No. 15-147, Authorizing an Interfund Loan from the Municipal Buildings and Facilities Fund to the 2005A G.O. Improvement Debt Service Fund L) Consider Resolution No. 15-148, Approving Transfers for Partial Installment Payment on Interfund Loan for Recreation Complex Land M) Consider approval of Aquinas Roman Catholic Home Education Services to conduct excluded bingo on January 9, 2016 at St. Joseph’s Church Action Taken: Motion by Kusterman, seconded by Roeser, to approve Consent Agenda Items 1A through 1M, except Items 1G and 1H, was adopted Action Taken: Motion by Kusterman, seconded by Roeser to approve Consent Agenda Items 1G and 1H as presented, was adopted; Council Member Rafferty abstained 2. FINANCE DEPARTMENT A) Public Hearing – 2015/16 Property Tax Levy and 2016 Budget, Sarah Cotton i) Consider Resolution No. 15-141, Adopting the Final 2015 Tax Levy, Collectible in 2016 Action Taken: Motion by Kusterman, seconded by Roeser, to approve Resolution No. 15-141 as presented, was adopted ii) Consider Resolution No. 15-142, Adopting the Final 2016 General Fund Operating Budget Action Taken: Motion by Kusterman, seconded by Roeser, to approve Resolution No. 15-142 as presented, was adopted iii) Consider Resolution No. 15-143, Adopting the 2016 Water and Sewer Operating Budgets Action Taken: Motion by Roeser, seconded by Kusterman, to approve Resolution No. 15-143 as presented, was adopted iv) Consider Resolution No. 15-144, Adopting 2016 Recreation Fund Budget Action Taken: Motion by Kusterman, seconded by Roeser, to approve Resolution No. 15-144 as presented, was adopted B) Consider Resolution No. 15-145, Amending the 2015 General Operating Budget, Sarah Cotton Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Resolution No. 15-145 as presented, was adopted Council Agenda -3- December 14, 2015 EXPANDED AGENDA C) Consider Resolution No. 15-146, Committing Specific Revenue Sources in Special Revenue Funds, Sarah Cotton Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Resolution No. 15-146 as presented, was adopted 3. ADMINISTRATION DEPARTMENT A) Public Hearing; Consider 1st Reading of Ordinance No. 13-15, Approving Cable Television Franchise Ordinance with CenturyLink, Jeff Karlson Action Taken: Motion by Stoesz, seconded by Rafferty, to approve the 1st Reading of Ordinance No. 13-15 as presented, was adopted B) Consider Non-Union Compensation Plan, Jeff Karlson Removed from agenda C) Consider 1st Reading of Ordinance No. 14-15, Adding Chapter 215 to the City Code, regarding Joint Powers Agreements, Jeff Karlson Action Taken: Motion by Roeser, seconded by Kusterman, to approve the 1st Reading of Ordinance No. 14-15 as presented, was adopted 4. PUBLIC SAFETY DEPARTMENT A) Consider Converting Seized Property to City Property, John Swenson Action Taken: Motion by Rafferty, seconded by Stoesz, to approve the conversion as recommended, was adopted B) Consider Authorizing the Lease with North Memorial Ambulance Service for Use of Lino Lakes Fire Station #1 and #2, John Swenson Action Taken: Motion by Kusterman, seconded by Roeser, to approve the lease as recommended, was adopted C) Consider Authorizing the Public Safety Department to contract with North Memorial Ambulance for Medical Director, John Swenson Action Taken: Motion by Kusterman, seconded by Roeser, to approve the contract as recommended, was adopted D) Public Safety Department Update, John Swenson 5. PUBLIC SERVICES DEPARTMENT No report 6. COMMUNITY DEVELOPMENT DEPARTMENT A) Consider Resolution No. 15-150 Approving the Joint Powers Agreement with Anoka County for the Roundabout Construction Project at the Intersection of County State Aid Highway 12 (109th Ave. NE / Apollo Drive) and County Road 53 (Sunset Ave.), Diane Hankee Council Agenda -4- December 14, 2015 EXPANDED AGENDA Action Taken: Motion by Kusterman, seconded by Roeser, to approve Resolution No. 15-150 as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Motion by Rafferty, seconded by Stoesz, to adjourn at 7:50 p.m., was adopted Following adjournment of the regular meeting, the Council will reconvene for a special closed work session (City Administrator’s review) Community Calendar – A Look Ahead December 15, 2015 through December 28, 2015 Wednesday, December 16 6:30 p.m. Council Chambers Environmental Board Thursday, December 24 City Hall Closed Holiday Friday, December 25 City Hall Closed Holiday Monday, December 28 5:30 p.m., Community Room Council Work Session Monday, December 28 6:00 p.m., Council Chambers EDA Meeting Monday, December 28 6:30 p.m., Council Chambers City Council Meeting Updated 12/14/2015 CITY COUNCIL AGENDA Monday, December 14, 2015 *********** City Council Meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members Kusterman, Rafferty, Roeser & Stoesz City Administrator: Jeff Karlson CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call  Pledge of Allegiance  Open Mike / Public Comment  Setting the Agenda: Addition or deletion of agenda items 1. CONSENT AGENDA A) Consideration of Expenditures: i) December 14, 2015 (Check No. 102712 through 102833) in the amount of $1,121,871.15; ii) Centennial Fire District, Check No. 7199 through 7229 in the amount of $40,965.03 B) Consider approval of November 2, 2015 Work Session Minutes C) Consider approval of November 16, 2015 Special Work Session Minutes D) Consider approval of November 23, 2015 Work Session Minutes E) Consider approval of November 23, 2015 Council Meeting Minutes F) Consider approval of November 23, 2015 Special Work Session Minutes G) Consider approval of November 9, 2015 Council Meeting Minutes Council Member Rafferty absent H) Consider approval of November 9, 2015 Canvassing Board Minutes Council Member Rafferty absent I) Consider Resolution No. 15-140, Extension of Time for the Submittal of the Planned Unit Development Final Plan/Final Plat, Century Farm North 6th Addition J) Consider Resolution No. 15-139, Extension of Time for Conditional Use Permit, Morell Borrow Pit Council Agenda -2- December 14, 2015 K) Consider Resolution No. 15-147, Authorizing an Interfund Loan from the Municipal Buildings and Facilities Fund to the 2005A G.O. Improvement Debt Service Fund L) Consider Resolution No. 15-148, Approving Transfers for Partial Installment Payment on Interfund Loan for Recreation Complex Land M) Consider approval of application of Aquinas Roman Catholic Home Education Services to conduct excluded bingo on January 9, 2016 at St. Joseph’s Church 2. FINANCE DEPARTMENT A) Public Hearing – 2015/16 Property Tax Levy and 2016 Budget, Sarah Cotton i) Consider Resolution No. 15-141, Adopting the Final 2015 Tax Levy, Collectible in 2016 ii) Consider Resolution No. 15-142, Adopting the Final 2016 General Fund Operating Budget iii) Consider Resolution No. 15-143, Adopting the 2016 Water and Sewer Operating Budgets iv) Consider Resolution No. 15-144, Adopting the 2016 Recreation Fund Budget B) Consider Resolution No. 15-145, Amending the 2015 General Operating Budget, Sarah Cotton C) Consider Resolution No. 15-146, Committing Specific Revenue Sources in Special Revenue Funds, Sarah Cotton 3. ADMINISTRATION DEPARTMENT A) Public Hearing; Consider 1st Reading of Ordinance No. 13-15, Approving Cable Television Franchise Ordinance with CenturyLink, Jeff Karlson B) Consider Non-Union Compensation Plan, Jeff Karlson C) Consider 1st Reading of Ordinance No. 14-15, Adding Chapter 215 to the City Code, regarding Joint Powers Agreements, Jeff Karlson 4. PUBLIC SAFETY DEPARTMENT A) Consider Converting Seized Property to City Property, John Swenson B) Consider Authorizing the Lease with North Memorial Ambulance Service for Use of Lino Lakes Fire Station #1 and #2, John Swenson C) Consider Authorizing the Public Safety Department to contract with North Memorial Ambulance for Medical Director, John Swenson D) Public Safety Department Update, John Swenson 5. PUBLIC SERVICES DEPARTMENT No report Council Agenda -3- December 14, 2015 6. COMMUNITY DEVELOPMENT DEPARTMENT A) Consider Resolution No. 15-150 Approving the Joint Powers Agreement with Anoka County for the Roundabout Construction Project at the Intersection of County State Aid Highway 12 (109th Ave. NE / Apollo Drive) and County Road 53 (Sunset Ave.), Diane Hankee 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Following adjournment of the regular meeting, the Council will reconvene for a special closed work session (City Administrator’s review) Community Calendar – A Look Ahead December 15, 2015 through December 28, 2015 Wednesday, December 16 6:30 p.m. Council Chambers Environmental Board Thursday, December 24 City Hall Closed Holiday Friday, December 25 City Hall Closed Holiday Monday, December 28 5:30 p.m., Community Room Council Work Session Monday, December 28 6:00 p.m., Council Chambers EDA Meeting Monday, December 28 6:30 p.m., Council Chambers City Council Meeting Accounts Payable Checks by Date - Detail by Vendor Number User: tracy.thoma Printed: 12/7/2015 1:29 PM Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount 102743 100 Bureau Of Crim. Apprehension 12/14/2015 11/25/2015 Firefighter Fingerprint History Check -B. Lindah 34.75 11/25/2015 Firefighter Fingerprint History Check -D. Riley 34.75 11/25/2015 Firefighter Fingerprint History Check -J. Kurtz 34.75 Total for Check Number 102743: Total for Vendor 100 (Bureau Of Crim. Apprehension): 102745 104 Business Data Record Services 1510-9333 Document Destruction 1510-9333 Document Destruction 12/14/2015 Total for Check Number 102745: Total for Vendor 104 (Business Data Record Services): 102724 11 Ace Solid Waste, Inc. 1270591 Trash & Recycle 1270591 Trash & Recycle 1270591 Trash & Recycle 1270591 Trash & Recycle 102746 113 11/16/2015 102747 115 4th Qtr 2015 4th Qtr 2015 12/14/2015 Total for Check Number 102724: Total for Vendor 11 (Ace Solid Waste, Inc.): 0.00 104.25 0.00 104.25 17.42 34.86 0.00 52.28 0.00 52.28 50.00 293.64 156.47 244.47 0.00 744.58 0.00 744.58 Centennial Fire District 12/14/2015 Apparatus Training on T21 & A21 3,000.00 Total for Checic Number 102746: Total for Vendor 113 (Centennial Fire District): Centennial Utilities 4th Qtr 2015 Sewer & Water 4th Qtr 2015 Sewer & Water 12/14/2015 0.00 3,000.00 0.00 3,000.00 238.16 414.30 Total for Check Number 102747: 0.00 652.46 Total for Vendor 115 (Centennial Utilities): 0.00 652.46 102715 117 Central Pension Fund 11/20/2015 Nov 2015 November Central Pension 3,600.00 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 1 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount Total for Check Number 102715: 0.00 3,600.00 Total for Vendor 117 (Central Pension Fund): 0.00 3,600.00 102748 121 CenturyLink 12/14/2015 11/10/2015 Signal Phone 53.05 Total for Check Number 102748: 0.00 53.05 Total for Vendor 121 (CenturyLink): 0.00 53.05 102749 122 CES Imaging 12/14/2015 INV027493 Nov Plotter/Scanner Maintenance 80.00 Total for Check Number 102749: 0.00 80.00 Total for Vendor 122 (CES Imaging): 0.00 80.00 102717 127 Circle Pines Post Office 12/01/2015 12/1/2015 Utility Billing Postage 343.13 12/1/2015 Utility Billing Postage 343.12 Total for Check Number 102717: 0.00 686.25 Total for Vendor 127 (Circle Pines Post Office): 0.00 686.25 102725 13 AFLAC 12/14/2015 723010 Insurance Premiums 520.78 Total for Check Number 102725: 0.00 520.78 Total for Vendor 13 (AFLAC): 0.00 520.78 102750 136 City of Roseville 12/14/2015 0220846 Telephone Handsets Birch Street Fire Station 480.00 0220887 Dec IT Services 6,653.75 0220919 Dec Phone Services 1,218.40 Total for Check Number 102750: 0.00 8,352.15 Total for Vendor 136 (City of Roseville): 0.00 8,352.15 102751 138 City of St. Paul 12/14/2015 IN00012692 Asphalt Mix 4A 1 TN 65.09 1N00012692 Asphalt Mix 11 26 TN 1,703.26 Total for Check Number 102751: 0.00 1,768.35 Total for Vendor 138 (City of St. Paul): 0.00 1,768.35 102719 14 AFSCME Council #5 12/04/2015 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 2 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount 102753 143 10263 PR Batch 00001.12.2015 Union Dues AFSCME PR Batch 00001.12.2015 Unit 722.17 Total for Check Number 102719: Total for Vendor 14 (AFSCME Council #5): CNH Architects 12/14/2015 Architectural Design Fire House #2 Total for Check Number 102753: Total for Vendor 143 (CNH Architects): 0.00 0.00 0.00 0.00 722.17 722.17 5,157.38 5,157.38 5,157.38 102754 145 Columbus Auto Truck & Trailer 12/14/2015 18308 #215 DOT Inspection, Light Repair 113.79 18309 #218 DOT Inspection 90.00 18310 #249 DOT Inspection 90.00 18317 #200 DOT Inspection 90.00 18318 #200 Coolant, LED Marker 108.93 18323 #246 DOT Inspection 90.00 18326 #434 Repair Rear Brake Chamber, Replace Pow( 2,173.05 18338 #210 DOT Inspection 90.00 18343 #434 DOT Inspection 90.00 Total for Check Number 102754: 0.00 2,935.77 Total for Vendor 145 (Columbus Auto Truck & Trailer): 0.00 2,935.77 102755 146 Como Lube & Supplies, Inc. 12/14/2015 589254 Lube 70.00 Total for Check Number 102755: 0.00 70.00 Total for Vendor 146 (Como Lube & Supplies, Inc.): 0.00 70.00 102756 149 Connexus Energy 12/14/2015 Nov 2015 Electric 1,319.06 Nov 2015 Electric 561.87 Nov 2015 Electric 20.00 Nov 2015 Electric 931.86 Nov 2015 Electric 1,424.23 Nov 2015 Electric 68.95 102758 157 0E-34626 Total for Check Number 102756: Total for Vendor 149 (Connexus Energy): 0.00 0.00 4,325.97 4,325.97 Crown Marking, Inc. 12/14/2015 Name Plates 88.95 Total for Check Number 102758: Total for Vendor 157 (Crown Marking, Inc.): 0.00 0.00 88.95 88.95 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 3 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount 102759 159 Crysteel Truck Equipment, Inc. 12/14/2015 F37548 Plow Parts 95.67 Total for Check Number 102759: 0.00 95.67 Total for Vendor 159 (Crysteel Truck Equipment, Inc.): 0.00 95.67 102726 16 Aid Electric Corporation 12/14/2015 48279 City Hall Lighting 801.53 48298 Repair Pump Receipt. Well #1 350.14 48325 City Hall Repair Lighting in Lunch Room 124.50 Total for Check Number 102726: 0.00 1,276.17 Total for Vendor 16 (Aid Electric Corporation): 0.00 1,276.17 102760 162 Curtis 1000 Inc. 12/14/2015 4395802 Utility Billing Statements 420.41 4395802 Utility Billing Statements 420.42 Total for Check Number 102760: 0.00 840.83 Total for Vendor 162 (Curtis 1000 Inc.): 0.00 840.83 102761 167 Dalco, Inc. 12/14/2015 2957926 Multi -fold Towels, Tissue, Can Liners 569.11 Total for Check Number 102761: 0.00 569.11 Total for Vendor 167 (Dalco, Inc.): 0.00 569.11 102762 172 Rick DeGardner 12/14/2015 11/17/2015 Mileage 63.25 Total for Check Number 102762: 0.00 63.25 Total for Vendor 172 (Rick DeGardner): 0.00 63.25 102763 175 Delta Dental Plan of Minnesota 12/14/2015 Dec 2015 Dental Insurance Premiums 110 42.40 Dec 2015 Dental Insurance Premiums 230 12.72 Dec 2015 Dental Insurance Premiums 220 42.40 Dec 2015 Dental Insurance Premiums 240 14.84 Dec 2015 Dental Insurance Premiums 170 1,467.80 Dec 2015 Dental Insurance Premiums 210 254.40 Dec 2015 Dental Insurance Premiums 310 142.20 Dec 2015 Dental Insurance Premiums 100 169.60 Dec 2015 Dental Insurance Premiums 250 14.84 Dec 2015 Dental Insurance Premiums 200 97.52 Dec 2015 Dental Insurance Premiums 190 97.52 Dec 2015 Dental Insurance Premiums 120 84.80 Dec 2015 Dental Insurance Premiums 160 42.40 Dec 2015 Dental Insurance Premiums 140 84.80 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 4 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount Dec 2015 Dental Insurance Premiums 130 233.20 Dec 2015 Dental Insurance Premiums 150 178.08 Dec 2015 Dental Insurance Premiums 300 1,788.20 Dec 2015 Dental Insurance Premiums 180 50.88 Total for Check Number 102763: 0.00 4,818.60 Total for Vendor 175 (Delta Dental Plan of Minnesota): 0.00 4,818.60 102765 187 Earl F. Andersen 12/14/2015 0109756 -IN Street Signs 580.20 Total for Check Number 102765: 0.00 580.20 Total for Vendor 187 (Earl F. Andersen): 0.00 580.20 102766 188 EDAM 12/14/2015 2016 Annual Membership 250.00 Total for Check Number 102766: 0.00 250.00 Total for Vendor 188 (EDAM): 0.00 250.00 102767 194 Emmons & Olivier Resources 12/14/2015 01003-0001-22 Lino Lakes SWMP 4,646.55 Total for Check Number 102767: 0.00 4,646.55 102768 204 1-X04429 Total for Vendor 194 (Emmons & Olivier Resources): 0.00 4,646.55 Factory Motor Parts Company 12/14/2015 Battery 115.83 Total for Check Number 102768: 0.00 115.83 Total for Vendor 204 (Factory Motor Parts Company): 0.00 115.83 102769 209 Fastenal Company 12/14/2015 MNTC3152521 Fasteners 15.70 MNTC3152756 Fasteners 12.57 MNTC3152777 Fasteners 33.01 Total for Check Number 102769: Total for Vendor 209 (Fastenal Company): 0.00 61.28 0.00 61.28 102770 214 Fire Safety U.S.A. 12/14/2015 84053 Fat Ivan Block It & Lock It Door Chock w/ Mag 762.50 Total for Check Number 102770: Total for Vendor 214 (Fire Safety U.S.A.): 0.00 762.50 0.00 762.50 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 5 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount 102771 216 First Advantage Occ. 12/14/2015 2516821510 Initial Enrollment K. Gray 32.00 Total for Check Number 102771: 0.00 32.00 Total for Vendor 216 (First Advantage Occ.): 0.00 32.00 102773 218 Mary Fogarty 12/14/2015 11/18/2015 Refund Fox Plumbing Duplicate Permit 2015-01 108.00 11/18/2015 Refund Fox Plumbing Duplicate Permit 2015-01 1.00 Total for Check Number 102773: 0.00 109.00 Total for Vendor 218 (Mary Fogarty): 0.00 109.00 102774 225 Frattallone's/Circle Pines Ace 12/14/2015 054070/G Ice Recip Blade 17.99 100172/B T3 Bulb 9.99 Total for Check Number 102774: 0.00 27.98 Total for Vendor 225 (Frattallone's/Circle Pines Ace): 0.00 27.98 102775 258 H&L Mesabi, Inc. 12/14/2015 94531 Plow Cutting Edges 1,942.25 Total for Check Number 102775: Total for Vendor 258 (H&L Mesabi, Inc.): 0.00 1,942.25 0.00 1,942.25 102728 26 American Planning Association 12/14/2015 105405-15104 APA & AICP Membership 575.00 102776 274 E816984 Total for Check Number 102728: 0.00 575.00 Total for Vendor 26 (American Planning Association): 0.00 575.00 HD Supply Waterworks, Ltd. 12/14/2015 MXU's 2,767.37 Total for Check Number 102776: 0.00 2,767.37 Total for Vendor 274 (HD Supply Waterworks, Ltd.): 0.00 2,767.37 102778 284 HP, Inc. 56585321 HP Ultra Slim Dock 56603233 HP BU IDS UMA i5 -5300U 56607502 HP BU IDS UMA i5 -5300U 56611579 HP Elite Desk 800, HP Elite Display 12/14/2015 Total for Check Number 102778: 157.41 1,114.72 1,114.72 1,806.58 0.00 4,193.43 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 6 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount Total for Vendor 284 (HP, Inc.): 0.00 4,193.43 102729 29 Ameripride Services, Inc. 12/14/2015 1003305229 Mats 261.41 Total for Check Number 102729: 0.00 261.41 Total for Vendor 29 (Ameripride Services, Inc.): 0.00 261.41 102777 294 Hotsy Equipment Of Minnesota 12/14/2015 50398 Hotsy Model 942N 11,249.08 Total for Check Number 102777: 0.00 11,249.08 Total for Vendor 294 (Hotsy Equipment Of Minnesota): 0.00 11,249.08 102779 304 Hydraulics Plus & Consulting 12/14/2015 6709 Hydraulic Fittings for Salt Spreader 125.46 Total for Check Number 102779: 0.00 125.46 Total for Vendor 304 (Hydraulics Plus & Consulting): 0.00 125.46 102780 311 Instrumental Research, Inc. 9752 October City Water 9752 Iron Bacteria ID 102721 312 12/14/2015 Total for Check Number 102780: Total for Vendor 311 (Instrumental Research, Inc.): International Union 12/04/2015 PR Batch 00001.12.2015 Union Dues 49ers 142.50 150.00 0.00 292.50 0.00 292.50 PR Batch 00001.12.2015 Unit 502.50 Total for Check Number 102721: Total for Vendor 312 (International Union): 0.00 502.50 0.00 502.50 102781 315 Inventory Trading Company, Inc 12/14/2015 291375 Shirts 340.00 291376 Uniform Allowance -M. Paulson 20.00 291376 Uniform Allowance -C. Boehme 20.00 291376 Uniform Allowance -K. Leibel 60.00 291376 Uniform Allowance -T. Vang 20.00 Total for Check Number 102781: Total for Vendor 315 (Inventory Trading Company, Inc): 102787 358 Daniel L'Allier 11/21/2015 Coffee for Fire Training 4/23/2015 Tape, Screwdriver 12/14/2015 0.00 460.00 0.00 460.00 6.99 14.23 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 7 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount 6/19/2015 All -State Peterbuilt Amber G 127-C 7.45 102730 36 2015-39 102722 365 Anoka Co. Elections Ballots Total for Check Number 102787: 0.00 28.67 Total for Vendor 358 (Daniel L'Allier): 0.00 28.67 12/14/2015 542.73 Total for Check Number 102730: 0.00 542.73 Total for Vendor 36 (Anoka Co. Elections): 0.00 542.73 Law Enforcement Labor Services 12/04/2015 PR Batch 00001.12.2015 Union Dues LELS PR Batch 00001.12.2015 Unic 1,081.00 Total for Check Number 102722: Total for Vendor 365 (Law Enforcement Labor Services): 0.00 1,081.00 0.00 1,081.00 102788 366 Law Enforcement Targets, Inc. 12/14/2015 0293641 -IN Black Targets 23.70 Total for Check Number 102788: 0.00 23.70 Total for Vendor 366 (Law Enforcement Targets, Inc.): 0.00 23.70 102790 377 Life Safety Systems Inc. 12/14/2015 69051 Replace Handicap Door Switch 525.24 Total for Check Number 102790: 0.00 525.24 Total for Vendor 377 (Life Safety Systems Inc.): 0.00 525.24 102791 381 Lincoln National Life Ins Co 12/14/2015 Dec 2015 Disability Insurance Premiums 200 569.43 Dec 2015 Disability Insurance Premiums 150 59.03 Dec 2015 Disability Insurance Premiums 170 7.29 Dec 2015 Disability Insurance Premiums 130 19.02 Dec 2015 Disability Insurance Premiums 140 6.24 Dec 2015 Disability Insurance Premiums 210 102.38 Dec 2015 Disability Insurance Premiums 230 15.05 Dec 2015 Disability Insurance Premiums 180 7.29 Dec 2015 Disability Insurance Premiums 110 34.25 Dec 2015 Disability Insurance Premiums 240 37.14 Dec 2015 Disability Insurance Premiums 120 37.55 Dec 2015 Disability Insurance Premiums 160 112.99 Dec 2015 Disability Insurance Premiums 250 37.13 Dec 2015 Disability Insurance Premiums 220 21.78 Dec 2015 Disability Insurance Premiums 190 84.29 Dec 2015 Disability Insurance Premiums 100 72.35 Total for Check Number 102791: 0.00 1,223.21 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 8 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount 102792 393 310467 Total for Vendor 381 (Lincoln National Life Ins Co): Lynn Peavey Company 12/14/2015 ZWTP CD 1.38x108 Total for Check Number 102792: Total for Vendor 393 (Lynn Peavey Company): 102793 399 Mansfield Oil Company 941751 1,498 Dy ColdPro 3.5 Dyed 941758 1,988 87 Unl w/10% Eth 12/14/2015 Total for Check Number 102793: Total for Vendor 399 (Mansfield Oil Company): 0.00 1,223.21 0.00 0.00 0.00 0.00 139.95 139.95 139.95 3,547.92 3,983.78 7,531.70 7,531.70 102794 416 Medica 12/14/2015 Dec 2015 Health Insurance Premiums 100 981.18 Dec 2015 Health Insurance Premiums 210 148.20 Dec 2015 Health Insurance Premiums 230 941.12 Dec 2015 Health Insurance Premiums 190 2,117.18 Dec 2015 Health Insurance Premiums 200 148.20 Dec 2015 Health Insurance Premiums 180 981.18 Dec 2015 Health Insurance Premiums 220 127.03 Dec 2015 Health Insurance Premiums 140 22,855.95 Dec 2015 Health Insurance Premiums 150 3,790.41 Dec 2015 Health Insurance Premiums 160 981.18 Dec 2015 Health Insurance Premiums 130 981.18 Dec 2015 Health Insurance Premiums 110 1,087.04 Dec 2015 Health Insurance Premiums 120 423.43 Dec 2015 Health Insurance Premiums 175 2,546.77 Dec 2015 Health Insurance Premiums 300 5,833.80 Dec 2015 Health Insurance Premiums 240 941.08 Dec 2015 Health Insurance Premiums 170 423.44 Dec 2015 Health Insurance Premiums 310 621.84 Total for Check Number 102794: Total for Vendor 416 (Medica): 0.00 0.00 45,930.21 45,930.21 102795 418 Menards 12/14/2015 06359 Cable, Bulbs 1,108.95 6675 Dry Lube, AA Protectant Trigger Powdered Graf 19.23 7632 Shelf Kit 808.45 7752 Risers, Elbow, Snap Strap 10.55 Total for Check Number 102795: Total for Vendor 418 (Menards): 102732 42 Anoka Co. Property Records Tax 10/31/2015 Easement Encroachment -7995 Highland Tr 10/31/2015 Easement Encroachment -6586 Black Duck Dr 12/14/2015 0.00 0.00 1,947.18 1,947.18 46.00 46.00 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 9 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount 10/31/2015 Easement Encroachment -6815 Black Duck Circl 46.00 10/31/2015 Declaration of Restriction -Birch Tum Lane & U1 46.00 Total for Check Number 102732: 0.00 184.00 Total for Vendor 42 (Anoka Co. Property Records Tax): 0.00 184.00 102796 421 Metro Sales Incorporated 12/14/2015 1NV388020 Ricoh MP 6002SP Copier Maintenance Contract 50.75 INV395961 Konica C250B2C Copier Maintenance Contract 901.65 102797 422 1953 Total for Check Number 102796: Total for Vendor 421 (Metro Sales Incorporated): Metropolitan Area Mgmt Assoc. MAMA Luncheon Meeting 0.00 952.40 0.00 952.40 12/14/2015 20.00 Total for Check Number 102797: 0.00 20.00 Total for Vendor 422 (Metropolitan Area Mgmt Assoc.): 0.00 20.00 102798 428 Midway Industrial Supply Co. 12/14/2015 581232 Suction Hose Kit 73.50 Total for Check Number 102798: 0.00 73.50 102799 435 250241 102733 44 H151116G Total for Vendor 428 (Midway Industrial Supply Co.): 0.00 73.50 Minnesota Coaches, Inc. Senior Trip Old Log Theatre 12/14/2015 589.85 Total for Check Number 102799: 0.00 589.85 Total for Vendor 435 (Minnesota Coaches, Inc.): 0.00 589.85 Anoka Co. Treasury Department 12/14/2015 3rd Qtr Signal Maintenance 850.91 Total for Check Number 102733: 0.00 850.91 Total for Vendor 44 (Anoka Co. Treasury Department): 0.00 850.91 102823 455 Twin Cities Gateway 12/14/2015 Oct 2015 October Tourism Tax 6,206.00 Total for Check Number 102823: 0.00 6,206.00 Total for Vendor 455 (Twin Cities Gateway): 0.00 6,206.00 102734 47 Arcade Asphalt, Inc. 12/14/2015 10/22/2015 Street Patches 4,040.00 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 10 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount 10/29/2015 Street Patches 1,200.00 Total for Check Number 102734: 0.00 5,240.00 Total for Vendor 47 (Arcade Asphalt, Inc.): 0.00 5,240.00 102801 479 Nardini Fire Equipment Co 12/14/2015 488998 Fire Ext. Annual Inspection 671.85 Total for Check Number 102801: 0.00 671.85 Total for Vendor 479 (Nardini Fire Equipment Co): 0.00 671.85 102716 480 NCPERS Minnesota 11/20/2015 Dec 2015 December Life Insurance 288.00 Total for Check Number 102716: 0.00 288.00 Total for Vendor 480 (NCPERS Minnesota): 0.00 288.00 102802 486 Newman Signs, Inc. 12/14/2015 TI -0292431 Street Signs 686.72 Total for Check Number 102802: 0.00 686.72 Total for Vendor 486 (Newman Signs, Inc.): 0.00 686.72 102804 500 Nystrom Publishing Company 29099 Winter Newsletter 29099 Winter Newsletter 12/14/2015 Total for Check Number 102804: Total for Vendor 500 (Nystrom Publishing Company): 3,209.93 2,496.48 0.00 5,706.41 0.00 5,706.41 102805 506 Olson's Sewer Service, Inc. 12/14/2015 82616 2009 64th Street 4,167.94 82617 Culvert at 77th & Gordon 5,616.39 82618 1608 E. Holly Drive 4,499.94 Total for Check Number 102805: 0.00 14,284.27 Total for Vendor 506 (Olson's Sewer Service, Inc.): 0.00 14,284.27 102807 509 O'Reilly Automotive Stores 12/14/2015 1517-267438 4206 Power Stg Pump, PS Fluid, Brake Fluid 129.38 Total for Check Number 102807: 0.00 129.38 102808 522 Total for Vendor 509 (O'Reilly Automotive Stores): 0.00 129.38 Performance Plus LLC 12/14/2015 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 11 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount 4203 Hep B Tembreull 1 of 3 80.00 Total for Check Number 102808: Total for Vendor 522 (Performance Plus LLC): 102735 53 Aspen Equipment Company 01387910 Plow & Back Rack for Ford F-250 01387915 Toolboxes & Back Rack for GMC 1/2 Ton Truck 12/14/2015 Total for Check Number 102735: Total for Vendor 53 (Aspen Equipment Company): 102736 54 Aspen Mills, Inc. 172613 Unifonn Allowance -W. Owens 172614 Unifonn Allowance -D. Thill 172615 Uniform Allowance -M. Paulson 172616 Uniform Allowance -CSO 173079 New Hire Uniform -K. Kraemer 12/14/2015 0.00 80.00 0.00 80.00 5,533.00 1,655.00 0.00 7,188.00 0.00 7,188.00 49.70 8.00 109.14 6.00 858.90 Total for Check Number 102736: 0.00 1,031.74 Total for Vendor 54 (Aspen Mills, Inc.): 0.00 1,031.74 102809 545 Polar Chevrolet & Mazda 12/14/2015 69344 #206 Hose 62.22 Total for Check Number 102809: 0.00 62.22 Total for Vendor 545 (Polar Chevrolet & Mazda): 0.00 62.22 102810 551 Premium Waters, Inc. 12/14/2015 608417-10-15 Kandiyohi Water 39.74 Total for Check Number 102810: 0.00 39.74 Total for Vendor 551 (Premium Waters, Inc.): 0.00 39.74 102811 552 Press Publications, Inc. 493607 Ord. No. 09-15 494284 Public Hearing Century Link Cable 494285 Ord. No. 11-15 NorthPointe 12/14/2015 Total for Check Number 102811: Total for Vendor 552 (Press Publications, Inc.): 67.52 46.42 54.86 0.00 168.80 0.00 168.80 102812 562 Ratwik, Roszak & Maloney, PA 12/14/2015 57630 October Legal 1,866.15 57630 October Legal 188.50 57630 October Legal 4,836.83 57630 October Legal 1,232.50 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 12 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount 57630 October Legal 188.50 57630 October Legal -Hawkins Minor Subdivision 287.50 57630 October Legal 12,771.03 57630 October Legal 116.00 57630 October Legal 555.50 102814 588 R002220447 102737 60 3220 Total for Check Number 102812: Total for Vendor 562 (Ratwik, Roszak & Maloney, PA): 0.00 0.00 22,042.51 22,042.51 Safety Kleen Corporation, Inc. 12/14/2015 Solvent 45.84 Total for Check Number 102814: Total for Vendor 588 (Safety Kleen Corporation, Inc.): Avon Business Forms Promotions City Letterhead 12/14/2015 Total for Check Number 102737: Total for Vendor 60 (Avon Business Forms Promotions): 102815 607 SEH Technology Solutions Inc 300284 June GIS Services 300284 June GIS Services 300284 June GIS Services 300284 June GIS Services 306006 October GIS Services 306006 October GIS Services 306006 October GIS Services 306917 October Antenna Projects 12/14/2015 Total for Check Number 102815: 0.00 0.00 0.00 0.00 0.00 Total for Vendor 607 (SEH Technology Solutions Inc): 0.00 102816 609 SHI International Corp 12/14/2015 B04189123 Office Std 2016 Total for Check Number 102816: 0.00 Total for Vendor 609 (SHI International Corp): 0.00 102817 633 Stantec Consulting Services 976479 October General Engineering Service 976480 October Pump House #6 12/14/2015 Total for Check Number 102817: Total for Vendor 633 (Stantec Consulting Services): 0.00 0.00 45.84 45.84 387.59 387.59 387.59 2,770.00 3,621.00 136.00 501.50 576.00 425.00 41.00 573.26 8,643.76 8,643.76 243.00 243.00 243.00 1,102.00 5,351.67 6,453.67 6,453.67 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 13 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount 102818 634 Staples Advantage 12/14/2015 3283006721 Copy Paper 299.90 3283006722 Report Covers, Tab Dividers, Spiral Books, Bind 101.26 3283006724 Dell Toner 76.26 3283006725 Dish Soap 2.99 3283006727 Calendars, Toner 435.59 3283006729 Window Envelopes 20.66 3283006731 Calendars 14.30 3283006733 HP Ink, DVD -R, CD Envelopes 61.94 3283006736 DVD+R 50.59 3283006737 Calendars, Highlighters, Dry Erase Markers 43.73 3283006740 Calendars, Highlighters 16.78 3283006742 Manila Folders, DVD -R, HP Toner 212.65 3283006744 HP Color Laserjet 329.99 3283006746 Zipper Deposit Bags, Legal Pads, Sharpies, Pack 79.41 Total for Check Number 102818: Total for Vendor 634 (Staples Advantage): 0.00 0.00 102819 645 Streicher's, Inc. 12/14/2015 I1181257 Uniform Allowance -W. Wegener Total for Check Number 102819: 0.00 Total for Vendor 645 (Streicher's, Inc.): 0.00 1,746.05 1,746.05 59.99 59.99 59.99 102820 648 Sun Life Financial 12/14/2015 Dec 2015 Insurance Premiums 210 87.98 Dec 2015 Insurance Premiums 160 7.65 Dec 2015 Insurance Premiums 230 17.85 Dec 2015 Insurance Premiums 250 5.85 Dec 2015 Insurance Premiums 170 14.03 Dec 2015 Insurance Premiums 150 0.77 Dec 2015 Insurance Premiums 190 13.26 Dec 2015 Insurance Premiums 180 2.55 Dec 2015 Insurance Premiums 120 5.10 Dec 2015 Insurance Premiums 300 1,195.70 Dec 2015 Insurance Premiums 200 2.55 Dec 2015 Insurance Premiums 110 5.10 Dec 2015 Insurance Premiums 140 0.89 Dec 2015 Insurance Premiums 100 10.20 Dec 2015 Insurance Premiums 240 5.87 Dec 2015 Insurance Premiums 130 0.89 Dec 2015 Insurance Premiums 220 3.06 Dec 2015 Insurance Premiums 310 0.15 102738 65 17128 Barnum Gate Services, Inc. Transmitters Total for Check Number 102820: 0.00 1,379.45 Total for Vendor 648 (Sun Life Financial): 0.00 1,379.45 12/14/2015 347.97 Total for Check Number 102738: 0.00 347.97 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 14 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount Total for Vendor 65 (Barnum Gate Services, Inc.): 0.00 347.97 102822 677 Truck Utilities, Inc. 12/14/2015 0290858 #525 Repair 230.35 Total for Check Number 102822: 0.00 230.35 Total for Vendor 677 (Truck Utilities, Inc.): 0.00 230.35 102824 687 U.S. Bank 12/14/2015 11/06/2015 Home Depot/Tape, Epoxy 56.40 11/06/2015 ProCraft/Program Supplies 5.94 11/06/2015 Amazon/Book for Leadership Growth Group 17.21 11/06/2015 Amazon/Velcro Straps for SCBA Tanks In Squac 26.90 11/06/2015 Home Depot/Masonry Bits 34.94 11/06/2015 Hennepin Tech College/M-STEP Registration W 225.00 11/06/2015 National Camera Exchange/Cameras 600.00 11/06/2015 Amazon/LED Flood Lights for Sander Lights on 146.00 11/06/2015 Holiday Inn/Towards Zero Deaths Conference 373.12 11/06/2015 Zappa's Sporting Goods/Uniform Allowance T. I 51.00 11/06/2015 Best Buy/Monitors and Mounts for Fire Training 1,539.96 11/06/2015 MN Nursery & Landscape/Expo Registration 135.00 11/06/2015 MN Board of Firefighter Training & Ed/License 100.00 11/06/2015 Construction Book Express/MN State Fire Code 200.40 11/06/2015 Home Depot/Pipe Fittings for Irrigation System : 28.72 11/06/2015 MNCPA/Audits of Local Govts Conference 299.00 11/06/2015 Old Log Theatre/Senior Trip 1,181.89 11/06/2015 Amazon/Senior Book Club 112.68 11/06/2015 Bill's/Non Oxy Fuel 15.00 11/06/2015 Hennepin Tech College/M-STEP Registration M 225.00 11/06/2015 Allied Medical Training/EMT Refresher Course 295.00 11/06/2015 World Point/CPR Healthcare Provider Registrati. 418.00 11/06/2015 Penske Truck Leasing/Truck to Haul Election Eq 138.94 11/06/2015 eSpecial Needs/Seat Belt Buckle Guards 36.95 11/06/2015 Amazon/Scanner for Patrol 85.69 11/06/2015 Comfort Suites/MN Fire Chiefs Conference 513.81 11/06/2015 MN Board of Firefighter Training & Ed/License 100.00 11/06/2015 MN Nursery & Landscape/Expo Registration -Hc 540.00 11/06/2015 Fairview Pharmacy/Greeting Cards 16.62 11/06/2015 ProCraft/Program Supplies 2.97 11/06/2015 Barnes & Noble/Senior Book Club 109.89 11/06/2015 Zappa's Sporting Goods/Shirts Reimbursed by E 193.50 11/06/2015 Dollar Tree/Program Supplies 18.00 11/06/2015 MN DVS Blaine/License for Forfeiture Vehicle 21.83 11/06/2015 Holiday/Fuel 24.25 11/06/2015 Penske Truck Leasing/Truck to Haul Election Eq 133.74 11/06/2015 Rubberstamps.net/Office Supplies 43.95 11/06/2015 Home Depot/Pipe Fittings for Irrigation System : 4.19 11/06/2015 Land's End/New Hire Logo Apparel L. Tischler 130.35 11/06/2015 MN DVS Blaine/License for Utility Trailer 34.29 11/06/2015 Comfort Suites/MN Fire Chiefs Conference 171.27 11/06/2015 Home Depot/Utility Supplies 14.97 11/06/2015 MN Dept of Labor & Industry/Boiler License Fe 10.00 11/06/2015 Fun Express/Program Supplies 83.77 11/06/2015 Fun Express/Program Supplies 21.95 11/06/2015 Eventbrite/2015 Springsted Symposium-S.Cottoi 120.00 11/06/2015 Image Printing/Special Event Flyers 36.58 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 15 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount 11/06/2015 Home Depot/Flares for Squad Storage 50.05 11/06/2015 Home Depot/Heaters, Paint, Poly, Caulk 142.31 11/06/2015 Plymouth Playhouse/Senior Trip 758.00 11/06/2015 Green Mill Plymouth/Senior Trip 623.61 11/06/2015 National Camera Exchange/Cameras 600.00 11/06/2015 MN Board of Accountancy/2016 CPA License 102.00 11/06/2015 Walmart/Program Supplies 34.80 11/06/2015 Paul Conway Shields/LL Public Safety 3,284.66 11/06/2015 Zappa's Sporting Goods/Uniform Allowance M. 13.50 11/06/2015 Home Depot/Utility Supplies 8.97 11/06/2015 MN DVS Blaine/License for Utility Trailer 34.29 11/06/2015 Target/Program Supplies 23.32 11/06/2015 Image Printing/Special Event Flyers 36.58 11/06/2015 Tavern on Main/Lunch for Senior Lunch & Lean 111.05 11/06/2015 Mpls Parking Ramp/Twin City Security Partners 9.00 11/06/2015 Comfort Suites/MN Fire Chiefs Conference 342.54 11/06/2015 Party City/Program Supplies 37.85 11/06/2015 MN Nursery & Landscape/Expo Registration 135.00 11/06/2015 Home Depot/Electric Heater 23.66 11/06/2015 Awad Eye Care/Progressive Lens Trembeull 280.50 11/06/2015 International Code Council/MN Fire Code 102.50 11/06/2015 Fun Express/Program Supplies 170.37 11/06/2015 National Camera Exchange/Cameras 629.76 11/06/2015 Bill's/Juice & Ice for Senior Lunch & Learn 8.20 11/06/2015 Northern Tool/Scrushers 79.98 11/06/2015 Advanced Graphix/Helmet Name Decals 39.00 11/06/2015 Bill's/Dressing & Cookies for Senior Lunch & L. 6.98 11/06/2015 Target/Election Supplies 159.92 11/06/2015 Frattallone's/Silicone, Fasteners 77.97 11/06/2015 Image Printing/Special Event Flyers 36.58 11/06/2015 Target/Program Supplies 4.27 11/06/2015 Image Printing/Special Event Flyers 36.58 11/06/2015 Target/Program Supplies 57.86 11/06/2015 Eventbrite/2015 Springsted Symposium-J.Karlsc 120.00 11/06/2015 Mankato City Center Hotel/MRPA Conference 281.46 11/06/2015 Grainger/Wall Mount Hose Reel 304.04 Total for Check Number 102824: 0.00 Total for Vendor 687 (U.S. Bank): 0.00 102825 695 UPS/United Parcel Service 12/14/2015 0000A91R28455 Shipping Total for Check Number 102825: 0.00 Total for Vendor 695 (UPS/United Parcel Service): 0.00 102739 70 David & Tara Bauer 12/14/2015 11/24/2015 Community Garden Clean Up Total for Check Number 102739: 0.00 102826 704 Total for Vendor 70 (David & Tara Bauer): 0.00 W.W. Goetsch Associates, Inc. 12/14/2015 17,461.83 17,461.83 10.87 10.87 10.87 15.00 15.00 15.00 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 16 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount 95346 Lift Station 7 Impellers 2,600.00 Total for Check Number 102826: Total for Vendor 704 (W.W. Goetsch Associates, Inc.): 0.00 0.00 102827 707 Carol Wahl 12/14/2015 11/9/2015 Refund AARP Senior Program Total for Check Number 102827: 0.00 Total for Vendor 707 (Carol Wahl): 0.00 2,600.00 2,600.00 20.00 20.00 20.00 102828 708 Waldoch Sports, Inc. 12/14/2015 354387 #144 Pulley, Shaft Key, Screw 24.80 354529 #144 Pulley 21.55 354643 #144 V -Belt 33.80 354755 Stock Carb Cleaner, Combustion Chamber 19.79 Total for Check Number 102828: 0.00 99.94 Total for Vendor 708 (Waldoch Sports, Inc.): 0.00 99.94 102829 729 Winnick Supply, Inc. 12/14/2015 305889 Solid Wire 50.82 307723 Pipe for Signs 1,323.00 Total for Check Number 102829: Total for Vendor 729 (Winnick Supply, Inc.): 102830 732 Wright -Hennepin Co-op Electric 12/14/2015 Nov 2015 Electric 110 Nov 2015 Electric 100 Total for Check Number 102830: Total for Vendor 732 (Wright -Hennepin Co-op Electric): 0.00 0.00 0.00 0.00 1,373.82 1,373.82 810.00 180.00 990.00 990.00 102831 733 WSB & Associates, Inc. 12/14/2015 10-15-02029-003 Oct General Engineering 944.17 10-15-02029-003 Oct General Engineering 944.16 10-15-02029-003 Oct General Engineering 4,755.17 10-15-02029-030 Oct MS4 Program Assessment & Gaps Analysis 235.75 10-15-02029-210 Oct Misc. Escrow Account Review 3,956.00 10-15-02029-350 Oct Surface Water Mgmt Plan Review 184.50 10-15-02029-430 Oct Wellhead Protection Plan Phase 1 & 2 398.00 10-15-02029-490 Oct Century Farm North 6th 409.50 10-15-02029-550 Oct Metro Transit 175.50 10-15-02029-630 Oct Saddle Club 1,130.50 10-15-02029-631 Oct Saddle Club Construction 1,174.50 10-15-02029-632 Oct Birch Street By -Pass Lane Construction 1,111.50 10-15-02029-640 Oct 2014 Stormwater Ordinance Update 123.00 10-15-02029-650 Oct NorthPointe 175.50 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 17 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount 10-15-02029-651 10-15-02029-652 10-15-02029-690 10-15-02029-730 10-15-02029-750 10-15-02029-760 10-15-02029-781 10-15-02029-790 10-15-02029-820 10-15-02029-830 10-15-02029-850 10-15-02029-870 10-15-02029-880 10-15-02029-890 10-15-02029-900 10-15-02029-921 10-15-02029-960 10-15-02029-990 10-15-02988-010 10-15-02988-020 10-15-02988-021 10-15-02988-030 10-15-02988-070 10-15-02988-080 10-15-02988-090 10-15-02988-100 9-15-02029-003 9-15-02029-003 9-15-02029-003 9-15-02029-210 9-15-02029-350 9-15-02029-630 9-15-02029-631 9-15-02029-632 9-15-02029-652 9-15-02029-730 9-15-02029-781 9-15-02029-790 9-15-02029-820 9-15-02029-830 9-15-02029-850 9-15-02029-860 9-15-02029-880 9-15-02029-890 9-15-02029-900 9-15-02029-950 9-15-02029-960 9-15-02029-990 9-15-02988-010 9-15-02988-020 9-15-02988-020 9-15-02988-030 9-15-02988-050 9-15-02988-060 9-15-02988-070 Oct NorthPointe 2nd Addition Oct NorthPointe Phase 1 Construction Oct Talan Ridge Oct 2014 Mill & Overlay Project Oct Isabell Estates Oct Well House No. 6 Oct NorthPointe Street & Utility Improvements Oct Work Plan to Develop Expanded Water Resc Oct Watermark by Mattamy Oct White Pine Senior Living Oct 2015 Reconstruction Project Shenandoah Ar Oct Cedar Street Reconstruction Project Oct Trunk Watermain Aqua Lane to Black Duck Oct Robinson Drive Construction Oct 2015 Surface Water Mgmt Project Oct Culvert Replacements Oct ALino Addition Oct Turnberry Crossing 2nd Addition Oct Watermark Water Reuse Oct NorthPointe 3rd Addition Oct NorthPointe 3rd Addition Construction Oct Fire Station Construction Oct Hawkins-Donlin Minor Subdivision Flood P Oct North Oaks PUD Oct NorthPointe Master Plan Oct Stormwater CIP Sept General Engineering Sept General Engineering Sept General Engineering Sept Misc. Escrow Account Review Sept Surface Water Mgmt Plan Review Sept Saddle Club Sept Saddle Club Construction Sept Saddle Club By -Pass Lane Construction Sept NorthPointe Phase 1 Construction Sept 2014 Mill & Overlay Project Sept NorthPointe Street & Utility Improvements Sept NE Area Drainage Study Sept Watermark by Mattamy Sept White Pine Senior Living Sept2015 Reconstruction Project Shenandoah Ar Sept Birch Street Sanitary Sewer Ext and Turn L Sept Trunk Watermain Aqua Lane to Black Duck Sept Robinson Drive Construction Sept 2015 Surface Water Mgmt Project Sept I -35E Corridor AUAR Update Sept ALino Addition Sept Turnberry Crossing 2nd Addition Sept Watermark Water Reuse Sept NorthPointe 3rd Addition Sept NorthPointe 3rd Addition Sept Fire Station Construction Sept Morell Borrow Pit Sept Nadeau Minor Subdivision Sept Hawkins-Donlin Minor Subdivision Total for Check Number 102831: Total for Vendor 733 (WSB & Associates, Inc.): 0.00 0.00 234.00 1,178.00 429.00 73.00 117.00 1,840.50 1,503.00 25,619.50 1,028.50 390.00 10,736.30 537.00 2,804.00 4,301.50 1,133.00 1,551.00 117.00 71.50 948.50 357.50 10,720.00 1,162.00 61.50 480.50 1,292.50 474.25 944.16 944.17 4,755.17 2,398.50 676.50 1,251.00 1,470.00 1,170.00 130.50 73.00 7,927.75 11,773.00 61.50 968.50 26,545.00 815.50 6,516.00 3,910.00 3,547.00 738.00 143.00 1,225.50 1,091.50 3,315.50 380.00 5,339.00 1,215.50 357.50 71.50 174,632.55 174,632.55 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 18 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount 102832 734 Xcel Energy 12/14/2015 Nov 2015 #2 Electric 125 92.34 Nov 2015 #2 Electric 160 1,592.00 Nov 2015 #2 Electric 130 2,665.69 Nov 2015 #2 Electric 120 4,729.82 Nov 2015 #2 Electric 110 3.51 102833 741 0157604 -IN Total for Check Number 102832: 0.00 Total for Vendor 734 (Xcel Energy): 0.00 Zarnoth Brush Works, Inc. 12/14/2015 #252 Main Brooms for Street Sweeper Total for Check Number 102833: 0.00 Total for Vendor 741 (Zarnoth Brush Works, Inc.): 0.00 9,083.36 9,083.36 892.00 892.00 892.00 102782 757 Jimmy's Johnnys 12/14/2015 96722 Toilet Rental -Rice Lake Elem 240.00 97090 Toilet Rental-Marshan Park 17.14 97266 Toilet Rental -Birch Park 60.00 97267 Toilet Rental -Clearwater Creek 17.14 102714 796 102720 796 Total for Check Number 102782: 0.00 334.28 Total for Vendor 757 (Jimmy's Johnnys): 0.00 334.28 Gregory A. Burrell 11/20/2015 PR Batch 00004.11.2015 Wage Levy -Order to D PR Batch 00004.11.2015 Wag 65.08 Total for Check Number 102714: 0.00 65.08 Gregory A. Burrell 12/04/2015 PR Batch 00001.12.2015 Wage Levy -Order to D PR Batch 00001.12.2015 Wag 65.08 Total for Check Number 102720: 0.00 65.08 Total for Vendor 796 (Gregory A. Burrell): 0.00 130.16 102784 823 Jorgenson Construction Inc. 12/14/2015 12/2/2015 Hydrant Meter Deposit Refund 400.00 12/2/2015 Hydrant Meter Deposit Refund -285.00 12/2/2015 Hydrant Meter Deposit Refund -26.18 Total for Check Number 102784: 0.00 88.82 102785 823 Jorgenson Construction Inc. 12/14/2015 App. No. 6 Fire Station Construction 610,724.60 Total for Check Number 102785: 0.00 610,724.60 Total for Vendor 823 (Jorgenson Construction Inc.): 0.00 610,813.42 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 19 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount 102740 84 15-292/2040 15-293/0250 102764 840 Req. No. 6 Blue Tow Service, Inc. Case #RA15-300106 Ford CMP ICR #15-242580/RA 15-300110 Chevy Malibu 12/14/2015 140.00 140.00 Total for Check Number 102740: 0.00 280.00 Total for Vendor 84 (Blue Tow Service, Inc.): 0.00 280.00 Dresel Contracting Inc. 12/14/2015 Birch St Sanitary Sewer Ext & Turn Lane Constt 6,579.01 Total for Check Number 102764: Total for Vendor 840 (Dresel Contracting Inc.): 102786 880 Keltek, Inc. 8298B Tough Books & Accessories 8298C Tough Books & Accessories 8298D Tough Books & Accessories 8298E Tough Books & Accessories 8298F Tough Books & Accessories 8786 Tough Books & Accessories 9132 Tough Books & Accessories 9133 Tough Books & Accessories 9296 Tough Books & Accessories 9298 Tough Books & Accessories 102741 92 1007299X1 102718 966 11/30/2015 12/14/2015 0.00 0.00 Total for Check Number 102786: 0.00 Total for Vendor 880 (Keltek, Inc.): 0.00 Boyer Trucks, Inc. 12/14/2015 #434 Battery Total for Check Number 102741: 0.00 Total for Vendor 92 (Boyer Trucks, Inc.): 0.00 Petty Cash - Megan Brang 12/01/2015 Petty Cash Secret Holiday Shop Total for Check Number 102718: 0.00 Total for Vendor 966 (Petty Cash - Megan Brang): 0.00 102723 967 AARP 12/14/2015 11/24/2015 AARP Driver Safety Program Total for Check Number 102723: 0.00 Total for Vendor 967 (AARP): 0.00 6,579.01 6,579.01 1,622.21 43,971.68 2,421.85 3,250.00 9,344.75 250.00 -80.00 -50.00 6,594.30 -778.73 66,546.06 66,546.06 290.84 290.84 290.84 300.00 300.00 300.00 65.00 65.00 65.00 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 20 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount 102727 968 11/24/2015 102731 970 15-089 15-090 Alan Alcantar 12/14/2015 Community Garden Clean Up 15.00 Total for Check Number 102727: 0.00 15.00 Total for Vendor 968 (Alan Alcantar): 0.00 15.00 Anoka Co. Fire Protection 12/14/2015 Annual Membership Dues 420.00 PSDS Annual Cost Allocation Fire 5,562.00 Total for Check Number 102731: 0.00 5,982.00 Total for Vendor 970 (Anoka Co. Fire Protection): 0.00 5,982.00 102742 971 Brin Northwestern Glass Company 12/14/2015 529972S City Hall Chambers 1,475.00 Total for Check Number 102742: 0.00 1,475.00 Total for Vendor 971 (Brin Northwestern Glass Company): 0.00 1,475.00 102744 972 Mariya Burlakova 12/14/2015 11/24/2015 Community Garden Clean Up 15.00 Total for Check Number 102744: 0.00 15.00 Total for Vendor 972 (Mariya Burlakova): 0.00 15.00 102752 973 CMS Technology Education/STEM Club 12/14/2015 October 2015 102757 974 56697 Laser Engraving 307.95 Total for Check Number 102752: Total for Vendor 973 (CMS Technology Education/STEM Club): Crosstown Mechanical Ice Machine 0.00 307.95 0.00 307.95 12/14/2015 3,550.00 Total for Check Number 102757: 0.00 3,550.00 Total for Vendor 974 (Crosstown Mechanical): 0.00 3,550.00 102772 975 Zachary Flaschberger 12/14/2015 11/7/2015 Contract Sports Official 226.13 Total for Check Number 102772: 0.00 226.13 102783 976 2015-00090 Total for Vendor 975 (Zachary Flaschberger): 0.00 226.13 JJH Homes Corp 12/14/2015 Building Escrow Release -6369 Red Fox 2,450.00 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 21 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount Total for Check Number 102783: 0.00 2,450.00 Total for Vendor 976 (JJH Homes Corp): 0.00 2,450.00 102789 977 Michael Lehmicke 12/14/2015 11/24/2015 Community Garden Clean Up 15.00 Total for Check Number 102789: 0.00 15.00 Total for Vendor 977 (Michael Lehmicke): 0.00 15.00 102800 978 Mary Mork 12/14/2015 11/24/2015 Community Garden Clean Up 15.00 Total for Check Number 102800: 0.00 15.00 102803 979 2015-01254 Total for Vendor 978 (Mary Mork): 0.00 15.00 Northland Home Exteriors 12/14/2015 Refund Permit Home Owner Canceled Project 120.00 Total for Check Number 102803: 0.00 120.00 Total for Vendor 979 (Northland Home Exteriors): 0.00 120.00 102806 980 OPG -3, Inc. 12/14/2015 1030 Laserfische 340.00 Total for Check Number 102806: 0.00 340.00 Total for Vendor 980 (OPG -3, Inc.): 0.00 340.00 102821 981 The Other Side 12/14/2015 12/2/2015 Hydrant Meter Deposit Refund -1.87 12/2/2015 Hydrant Meter Deposit Refund -162.50 12/2/2015 Hydrant Meter Deposit Refund 400.00 Total for Check Number 102821: 0.00 235.63 Total for Vendor 981 (The Other Side): 0.00 235.63 102813 UB*00001 GRANT ROSS 12/14/2015 Refund Check 66.38 Total for Check Number 102813: 0.00 66.38 Total for Vendor UB*00001 (GRANT ROSS): 0.00 66.38 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 22 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Void Checks Check Amount Report Total (120 checks): 0.00 1,121,871.15 AP Checks by Date - Detail by Vendor Number (12/7/2015 1:29 PM) Page 23 City of Lino Lakes Activity Codes Code 401 402 403 404 405 407 414 415 416 417 418 420 421 422 430 431 432 450 451 461 462 463 494 495 499 801 802 803 806 808 810 811 812 813 814 816 Description Mayor/Council Administration Elections Cable TV Charter Administration Finance Legal Consultants Economic Development Planning & Zoning Engineering Community Development Police Protection Fire Protection Building Inspections Streets Fleet Management Government Buildings Parks Recreation Environmental Solid Waste Abatement Forestry Water Sanitary Sewer Other Aerobics/Fitness Dodgeball Camp Adult Basketball Youth T -Ball Youth Baseball Camp Youth Playground Youth Safety Camp Youth Art Camps Adult Instruction Other Senior Programs/Book Club Puppet Shows Code 817 819 821 822 823 825 826 827 830 832 835 836 837 839 840 842 847 851 852 854 856 857 859 860 861 862 863 864 866 868 870 875 876 890 Description Spring Fling Community Gardens Youth Dance Classes Family Corn Roast Youth Day Trips Breakfast w/Santa Sweetheart Dance Gobbler Games Adult Golf Lessons Youth Hockey Skills Youth Skating Class Basket Have a Ball Equipment Rental Adult Softball Summer Adult Softball Fall Adult Open Volleyball Sports Sampler Youth Golf Lessons Youth Martial Arts Tennis Lessons Youth Soccer Soccer Fundamentals Letters from Santa Secret Shop Sports Camps Teens Day Trips Baseball Skills Preschool Playtime Toss, Kick & Catch Little Goblins Party Soccer Mini -Camp Snow Day Kite Day Senior Programs AP AP Checks by Account Number User: tracy.thoma Printed: 12/7/2015 1:28:23 PM last name acct 1 C ' °Y: °. C) F L base amount check number description American Planning Association Anoka Co. Fire Protection Anoka Co. Fire Protection EDAM U.S. Bank Burrell Gregory A. Central Pension Fund NCPERS Minnesota AFSCME Council 45 Burrell Gregory A. International Union Law Enforcement Labor Services AFLAC Delta Dental Plan of Minnesota Medica Sun Life Financial Medica Delta Dental Plan of Minnesota Anoka Co. Property Records Tax Anoka Co. Property Records Tax Anoka Co. Property Records Tax Fogarty Mary Northland Home Exteriors Fogarty Mary Sun Life Financial U.S. Bank Nystrom Publishing Company U.S. Bank Medica Lincoln National Life Ins Co Sun Life Financial Delta Dental Plan of Minnesota First Advantage Occ. 101-000-1550-000 575.00 102728 101-000-1550-000 5,562.00 102731 101-000-1550-000 420.00 102731 101-000-1550-000 250.00 102766 101-000-1550-000 102.00 102824 101-000-2040-000 65.08 102714 101-000-2040-000 3,600.00 102715 101-000-2040-000 288.00 102716 101-000-2040-000 722.17 102719 101-000-2040-000 65.08 102720 101-000-2040-000 502.50 102721 101-000-2040-000 1,081.00 102722 101-000-2040-000 520.78 102725 101-000-2040-000 142.20 102763 101-000-2040-000 621.84 102794 101-000-2040-000 1,195.70 102820 101-000-2041-000 5,833.80 102794 101-000-2044-000 1,788.20 102763 101-000-2081-000 46.00 102732 101-000-2081-000 46.00 102732 101-000-2081-000 46.00 102732 101-000-2131-000 1.00 102773 101-000-3250-000 120.00 102803 101-000-3253-000 108.00 102773 101-000-3416-000 0.15 102820 101-000-3730-000 193.50 102824 101-401-4340-000 2,496.48 102804 101-401-4900-000 16.62 102824 101-402-4131-000 981.18 102794 101-402-4133-000 72.35 102791 101-402-4133-000 10.20 102820 101-402-4134-000 169.60 102763 101-402-4300-000 32.00 102771 APA & AICP Membership PSDS Annual Cost Allocation Fire Annual Membership Dues Annual Membership MN Board of Accountancy/2016 CPA License PR Batch 00004.11.2015 Wage Levy -Order to Deduct November Central Pension December Life Insurance PR Batch 00001.12.2015 Union Dues AFSCME PR Batch 00001.12.2015 Wage Levy -Order to Deduct PR Batch 00001.12.2015 Union Dues 49ers PR Batch 00001.12.2015 Union Dues LELS Insurance Premiums Dental Insurance Premiums Health Insurance Premiums Insurance Premiums Health Insurance Premiums Dental Insurance Premiums Easement Encroachment -6815 Black Duck Circle Easement Encroachment -7995 Highland Tr Easement Encroaclunent-6586 Black Duck Dr Refund Fox Plumbing Duplicate Permit 2015-01238 Refund Permit Home Owner Canceled Project Refund Fox Plumbing Duplicate Permit 2015-01238 Insurance Premiums Zappa's Sporting Goods/Shirts Reimbursed by Employees Winter Newsletter Fairview Pharmacy/Greeting Cards Health Insurance Premiums Disability Insurance Premiums Insurance Premiums Dental Insurance Premiums Initial Enrollment K. Gray AP - AP Checks by Account Number (12/7/2015) Page 1 of 11 last name acct 1 base amount check number description Metropolitan Area Mgmt Assoc. U.S. Bank U.S. Bank Press Publications, Inc. Press Publications, Inc. Business Data Record Services U.S. Bank U.S. Bank U.S. Bank Anoka Co. Elections Medica Lincoln National Life Ins Co Sun Life Financial Delta Dental Plan of Minnesota City of Roseville U.S. Bank U.S. Bank Ratwik, Roszak & Maloney, PA Twin Cities Gateway Medica Lincoln National Life Ins Co Sun Life Financial Delta Dental Plan of Minnesota Ratwik, Roszak & Maloney, PA SEH Technology Solutions Inc WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. Medica Lincoln National Life Ins Co Sun Life Financial Delta Dental Plan of Minnesota U.S. Bank 101-402-4330-000 20.00 102797 101-402-4330-000 17.21 102824 101-402-4330-000 120.00 102824 101-402-4340-000 46.42 102811 101-402-4340-000 67.52 102811 101-402-4410-000 17.42 102745 101-403-4200-000 133.74 102824 101-403-4200-000 159.92 102824 101-403-4200-000 138.94 102824 101-403-4340-000 542.73 102730 101-407-4131-000 1,087.04 102794 101-407-4133-000 59.03 102791 101-407-4133-000 7.65 102820 101-407-4134-000 84.80 102763 101-407-4310-000 6,653.75 102750 101-407-4330-000 120.00 102824 101-407-4330-000 299.00 102824 101-414-4301-000 1,866.15 102812 101-415-4900-000 6,206.00 102823 101-416-4131-000 423.43 102794 101-416-4133-000 19.02 102791 101-416-4133-000 2.55 102820 101-416-4134-000 42.40 102763 101-416-4300-000 555.50 102812 101-417-4300-000 425.00 102815 101-417-4300-000 61.50 102831 101-417-4300-000 3,956.00 102831 101-417-4300-000 357.50 102831 101-417-4300-000 235.75 102831 101-417-4300-000 380.00 102831 101-417-4300-000 537.00 102831 101-417-4300-000 2,398.50 102831 101-417-4300-000 61.50 102831 101-417-4300-000 123.00 102831 101-417-4300-000 184.50 102831 101-417-4300-000 676.50 102831 101-417-4410-000 4,755.17 102831 101-417-4410-000 4,755.17 102831 101-418-4131-000 981.18 102794 101-418-4133-000 37.55 102791 101-418-4133-000 5.10 102820 101-418-4134-000 42.40 102763 101-418-4200-000 43.95 102824 MAMA Luncheon Meeting Amazon/Book for Leadership Growth Group Eventbrite/2015 Springsted Symposium-J.Karlson Public Hearing Century Link Cable Ord. No. 09-15 Document Destruction Penske Truck Leasing/Truck to Haul Election Equipment Target/Election Supplies Penske Truck Leasing/Truck to Haul Election Equipment Ballots Health Insurance Premiums Disability Insurance Premiums Insurance Premiums Dental Insurance Premiums Dec IT Services Eventbrite/2015 Springsted Symposium-S.Cotton MNCPA/Audits of Local Govts Conference October Legal October Tourism Tax Health Insurance Premiums Disability Insurance Premiums Insurance Premiums Dental Insurance Premiums October Legal October GIS Services Oct Hawkins-Donlin Minor Subdivision Flood Plain Research Oct Misc. Escrow Account Review Sept Nadeau Minor Subdivision Oct MS4 Program Assessment & Gaps Analysis Sept NorthPointe 3rd Addition Oct Cedar Street Reconstruction Project Sept Misc. Escrow Account Review Sept Watermark by Mattamy Oct 2014 Stormwater Ordinance Update Oct Surface Water Mgmt Plan Review Sept Surface Water Mgmt Plan Review Oct General Engineering Sept General Engineering Health Insurance Premiums Disability Insurance Premiums Insurance Premiums Dental Insurance Premiums Rubberstamps.net/Office Supplies AP - AP Checks by Account Number (12/7/2015) Page 2 of 11 last name acct 1 base amount check number description Ratwik, Roszak & Maloney, PA SEH Technology, Solutions Inc WSB & Associates, Inc. Medica Lincoln National Life Ins Co Sun Life Financial Delta Dental Plan of Minnesota Staples Advantage Staples Advantage Staples Advantage Staples Advantage Lynn Peavey Company U.S. Bank U.S. Bank U.S. Bank UPS/United Parcel Service Law Enforcement Targets, Inc. U.S. Bank U.S. Bank U.S. Bank U.S. Bank Aspen Mills, Inc. Aspen Mills, Inc. Aspen Mills, Inc. Aspen Mills, Inc. Aspen Mills, Inc. Inventory Trading Company, Inc Inventory Trading Company, Inc Inventory Trading Company, Inc Inventory Trading Company, Inc Streicher's, Inc. U.S. Bank U.S. Bank U.S. Bank Connexus Energy Xcel Energy Inventory Trading Company, Inc Business Data Record Services OPG -3, Inc. Medica Lincoln National Life Ins Co Sun Life Financial Delta Dental Plan of Minnesota 101-418-4300-000 1,232.50 102812 101-418-4300-000 136.00 102815 101-418-4300-000 738.00 102831 101-420-4131-000 22,855.95 102794 101-420-4133-000 569.43 102791 101-420-4133-000 87.98 102820 101-420-4134-000 1,467.80 102763 101-420-4200-000 76.26 102818 101-420-4200-000 50.59 102818 101-420-4200-000 61.94 102818 101-420-4200-000 2.99 102818 101-420-4211-000 139.95 102792 101-420-4211-000 50.05 102824 101-420-4240-000 36.95 102824 101-420-4240-000 26.90 102824 101-420-4240-000 10.87 102825 101-420-4330-000 23.70 102788 101-420-4330-000 225.00 102824 101-420-4330-000 9.00 102824 101-420-4330-000 225.00 102824 101-420-4330-000 373.12 102824 101-420-4370-000 8.00 102736 101-420-4370-000 49.70 102736 101-420-4370-000 6.00 102736 101-420-4370-000 858.90 102736 101-420-4370-000 109.14 102736 101-420-4370-000 20.00 102781 101-420-4370-000 60.00 102781 101-420-4370-000 20.00 102781 101-420-4370-000 20.00 102781 101-420-4370-000 59.99 102819 101-420-4370-000 13.50 102824 101-420-4370-000 51.00 102824 101-420-4370-000 130.35 102824 101-420-4381-000 20.00 102756 101-420-4381-000 3.51 102832 101-420-4386-000 340.00 102781 101-420-4410-000 34.86 102745 101-420-4410-000 340.00 102806 101-421-4131-000 3,790.41 102794 101-421-4133-000 112.99 102791 101-421-4133-000 14.03 102820 101-421-4134-000 233.20 102763 October Legal June GIS Services Sept I -35E Corridor AUAR Update Health Insurance Premiums Disability Insurance Premiums Insurance Premiums Dental Insurance Premiums Dell Toner DVD+R HP Ink, DVD -R, CD Envelopes Dish Soap ZWTP CD 1.38x108 Home Depot/Flares for Squad Storage eSpecial Needs/Seat Belt Buckle Guards Amazon/Velcro Straps for SCBA Tanks In Squads Shipping Black Targets Hennepin Tech College/M-STEP Registration W. Wegener Mpls Parking Ramp/Twin City Security Partnership Parking Hennepin Tech College/M-STEP Registration M. Rumpsa Holiday Inn/Towards Zero Deaths Conference Uniform Allowance -D. Thill Uniform Allowance -W. Owens Uniform Allowance -CSO New Hire Uniform -K. Kraemer Uniform Allowance -M. Paulson Uniform Allowance -C. Boehme Uniform Allowance -K. Leibel Uniform Allowance -T. Vang Uniform Allowance -M. Paulson Uniform Allowance -W. Wegener Zappa's Sporting Goods/Uniform Allowance M. Monson Zappa's Sporting Goods/Uniform Allowance T. Hagen Land's End/New Hire Logo Apparel L. Tischler Electric Electric Shirts Document Destruction Laserfische Health Insurance Premiums Disability Insurance Premiums Insurance Premiums Dental Insurance Premiums AP - AP Checks by Account Number (12/7/2015) Page 3 of 11 last name acct 1 base amount check number description Staples Advantage U.S. Bank CMS Technology Education/STEM Club L'Allier Daniel U.S. Bank Performance Plus LLC U.S. Bank U.S. Bank Centennial Fire District L'Allier Daniel U.S. Bank U.S. Bank U.S. Bank U.S. Bank U.S. Bank U.S. Bank U.S. Bank Bureau Of Crim. Apprehension Bureau Of Crim. Apprehension Bureau Of Crim. Apprehension Medica Lincoln National Life Ins Co Sun Life Financial Delta Dental Plan of Minnesota Medica Lincoln National Life Ins Co Sun Life Financial Delta Dental Plan of Minnesota Earl F. Andersen Fastenal Company Newman Signs, Inc. Winnick Supply, Inc. City of St. Paul City of St. Paul SEH Technology Solutions Inc DeGardner Rick U.S. Bank CenturyLink Connexus Energy Wright -Hennepin Co-op Electric Wright -Hennepin Co-op Electric Xcel Energy Anoka Co. Treasury Department 101-421-4200-000 101.26 102818 101-421-4211-000 39.00 102824 101-421-4240-000 307.95 102752 101-421-4240-000 14.23 102787 101-421-4240-000 280.50 102824 101-421-4300-000 80.00 102808 101-421-4300-000 100.00 102824 101-421-4300-000 100.00 102824 101-421-4330-000 3,000.00 102746 101-421-4330-000 6.99 102787 101-421-4330-000 200.40 102824 101-421-4330-000 295.00 102824 101-421-4330-000 418.00 102824 101-421-4330-000 171.27 102824 101-421-4330-000 102.50 102824 101-421-4330-000 513.81 102824 101-421-4330-000 342.54 102824 101-421-4410-000 34.75 102743 101-421-4410-000 34.75 102743 101-421-4410-000 34.75 102743 101-422-4131-000 981.18 102794 101-422-4133-000 34.25 102791 101-422-4133-000 5.10 102820 101-422-4134-000 84.80 102763 101-430-4131-000 2,117.18 102794 101-430-4133-000 102.38 102791 101-430-4133-000 17.85 102820 101-430-4134-000 254.40 102763 101-430-4223-000 580.20 102765 101-430-4223-000 33.01 102769 101-430-4223-000 686.72 102802 101-430-4223-000 1,323.00 102829 101-430-4224-000 1,703.26 102751 101-430-4224-000 65.09 102751 101-430-4300-000 3,621.00 102815 101-430-4330-000 63.25 102762 101-430-4330-000 135.00 102824 101-430-4385-000 53.05 102748 101-430-4385-000 1,424.23 102756 101-430-4385-000 810.00 102830 101-430-4385-000 180.00 102830 101-430-4385-000 4,729.82 102832 101-430-4410-000 850.91 102733 Report Covers, Tab Dividers, Spiral Books, Binders Advanced Graphix/Helmet Name Decals Laser Engraving Tape, Screwdriver Awad Eye Care/Progressive Lens Trembeull Hep B Tembreull 1 of 3 MN Board of Firefighter Training & Ed/License MN Board of Firefighter Training & Ed/License Apparatus Training on T21 & A21 Coffee for Fire Training Construction Book Express/MN State Fire Code Allied Medical Training/EMT Refresher Course World Point/CPR Healthcare Provider Registration Training Keys Comfort Suites/MN Fire Chiefs Conference International Code Council/MN Fire Code Comfort Suites/MN Fire Chiefs Conference Comfort Suites/MN Fire Chiefs Conference Firefighter Fingerprint History Check -D. Riley Firefighter Fingerprint History Check -J. Kurtz Firefighter Fingerprint History Check -B. Lindahl Health Insurance Premiums Disability Insurance Premiums Insurance Premiums Dental Insurance Premiums Health Insurance Premiums Disability Insurance Premiums Insurance Premiums Dental Insurance Premiums Street Signs Fasteners Street Signs Pipe for Signs Asphalt Mix 11 26 TN Asphalt Mix 4A 1 TN June GIS Services Mileage MN Nursery & Landscape/Expo Registration Signal Phone Electric Electric Electric Electric 3rd Qtr Signal Maintenance AP - AP Checks by Account Number (12/7/2015) Page 4 of 11 last name acct 1 base amount check number description Olson's Sewer Service, Inc. 101-430-4410-000 5,616.39 102805 Culvert at 77th & Gordon Olson's Sewer Service, Inc. 101-430-4410-000 4,499.94 102805 1608 E. Holly Drive Olson's Sewer Service, Inc. 101-430-4410-000 4,167.94 102805 2009 64th Street WSB & Associates, Inc. 101-430-4421-000 3,547.00 102831 Sept 2015 Surface Water Mgmt Project WSB & Associates, Inc. 101-430-4421-000 1,133.00 102831 Oct 2015 Surface Water Mgmt Project Medica 101-431-4131-000 423.44 102794 Health Insurance Premiums Lincoln National Life Ins Co 101-431-4133-000 15.05 102791 Disability Insurance Premiums Sun Life Financial 101-431-4133-000 2.55 102820 Insurance Premiums Delta Dental Plan of Minnesota 101-431-4134-000 42.40 102763 Dental Insurance Premiums Mansfield Oil Company 101-431-4212-000 3,983.78 102793 1,988 87 Unl w/10% Eth Mansfield Oil Company 101-431-4212-000 3,547.92 102793 1,498 Dy ColdPro 3.5 Dyed U.S. Bank 101-431-4212-000 15.00 102824 Bill's/Non Oxy Fuel U.S. Bank 101-431-4212-000 24.25 102824 Holiday/Fuel Aspen Equipment Company 101-431-4221-000 5,533.00 102735 Plow & Back Rack for Ford F-250 Aspen Equipment Company 101-431-4221-000 1,655.00 102735 Toolboxes & Back Rack for GMC 1/2 Ton Truck Boyer Trucks, Inc. 101-431-4221-000 290.84 102741 #434 Battery Como Lube & Supplies, Inc. 101-431-4221-000 70.00 102755 Lube Crysteel Truck Equipment, Inc. 101-431-4221-000 95.67 102759 Plow Parts Factory Motor Parts Company 101-431-4221-000 115.83 102768 Battery Fastenal Company 101-431-4221-000 15.70 102769 Fasteners Fastenal Company 101-431-4221-000 12.57 102769 Fasteners H&L Mesabi, Inc. 101-431-4221-000 1,942.25 102775 Plow Cutting Edges Hydraulics Plus & Consulting 101-431-4221-000 125.46 102779 Hydraulic Fittings for Salt Spreader Menards 101-431-4221-000 10.55 102795 Risers, Elbow, Snap Strap O'Reilly Automotive Stores 101-431-4221-000 129.38 102807 #206 Power Stg Pump, PS Fluid, Brake Fluid Polar Chevrolet & Mazda 101-431-4221-000 62.22 102809 #206 Hose Safety Kleen Corporation, Inc. 101-431-4221-000 45.84 102814 Solvent U.S. Bank 101-431-4221-000 146.00 102824 Amazon/LED Flood Lights for Sander Lights on Plow Trucks Waldoch Sports, Inc. 101-431-4221-000 21.55 102828 #144 Pulley Waldoch Sports, Inc. 101-431-4221-000 24.80 102828 #144 Pulley, Shaft Key, Screw Waldoch Sports, Inc. 101-431-4221-000 33.80 102828 #144 V -Belt Waldoch Sports, Inc. 101-431-4221-000 19.79 102828 Stock Carb Cleaner, Combustion Charnber Winnick Supply, Inc. 101-431-4221-000 50.82 102829 Solid Wire Zarnoth Brush Works, Inc. 101-431-4221-000 892.00 102833 #252 Main Brooms for Street Sweeper Columbus Auto Truck & Trailer 101-431-4300-000 90.00 102754 #210 DOT Inspection Columbus Auto Truck & Trailer 101-431-4300-000 90.00 102754 #218 DOT Inspection Columbus Auto Truck & Trailer 101-431-4300-000 90.00 102754 #200 DOT Inspection Columbus Auto Truck & Trailer 101-431-4300-000 90.00 102754 #434 DOT Inspection Columbus Auto Truck & Trailer 101-431-4300-000 90.00 102754 #246 DOT Inspection Columbus Auto Truck & Trailer 101-431-4300-000 108.93 102754 #200 Coolant, LED Marker Columbus Auto Truck & Trailer 101-431-4300-000 90.00 102754 #249 DOT Inspection Columbus Auto Truck & Trailer 101-431-4300-000 113.79 102754 #215 DOT Inspection, Light Repair Columbus Auto Truck & Trailer 101-431-4300-000 2,173.05 102754 #434 Repair Rear Brake Charnber, Replace Power Steering Reservoir AP - AP Checks by Account Number (12/7/2015) Page 5 of 11 last name acct 1 base amount check number description Truck Utilities, Inc. Avon Business Forms Promotions Crown Marking, Inc. Staples Advantage Staples Advantage Staples Advantage Staples Advantage Staples Advantage Staples Advantage Staples Advantage Staples Advantage Aid Electric Corporation Aid Electric Corporation Barnum Gate Services, Inc. Brin Northwestern Glass Company Dalco, Inc. Frattallone's/Circle Pines Ace Life Safety Systems Inc. Menards U.S. Bank U.S. Bank U.S. Bank U.S. Bank Nardini Fire Equipment Co City of Roseville Connexus Energy Ace Solid Waste, Inc. Ace Solid Waste, Inc. Ace Solid Waste, Inc. Ameripride Services, Inc. CES Imaging Metro Sales Incorporated Metro Sales Incorporated Premium Waters, Inc. U.S. Bank Medica Lincoln National Life Ins Co Sun Life Financial Delta Dental Plan of Minnesota Frattallone's/Circle Pines Ace Midway Industrial Supply Co. U.S. Bank WSB & Associates, Inc. 101-431-4300-000 230.35 102822 101-432-4200-000 387.59 102737 101-432-4200-000 88.95 102758 101-432-4200-000 79.41 102818 101-432-4200-000 435.59 102818 101-432-4200-000 14.30 102818 101-432-4200-000 20.66 102818 101-432-4200-000 16.78 102818 101-432-4200-000 299.90 102818 101-432-4200-000 212.65 102818 101-432-4200-000 43.73 102818 101-432-4211-000 801.53 102726 101-432-4211-000 124.50 102726 101-432-4211-000 347.97 102738 101-432-4211-000 1,475.00 102742 101-432-4211-000 569.11 102761 101-432-4211-000 9.99 102774 101-432-4211-000 525.24 102790 101-432-4211-000 19.23 102795 101-432-4211-000 142.31 102824 101-432-4211-000 23.66 102824 101-432-4211-000 79.98 102824 101-432-4211-000 8.97 102824 101-432-4300-000 671.85 102801 101-432-4321-000 1,218.40 102750 101-432-4381-000 931.86 102756 101-432-4384-000 50.00 102724 101-432-4384-000 293.64 102724 101-432-4384-000 244.47 102724 101-432-4410-000 261.41 102729 101-432-4410-000 80.00 102749 101-432-4410-000 50.75 102796 101-432-4410-000 901.65 102796 101-432-4410-000 39.74 102810 101-432-4410-000 10.00 102824 101-450-4131-000 2,546.77 102794 101-450-4133-000 84.29 102791 101-450-4133-000 13.26 102820 101-450-4134-000 178.08 102763 101-450-4211-000 17.99 102774 101-450-4211-000 73.50 102798 101-450-4211-000 56.40 102824 101-450-4300-000 1,292.50 102831 #525 Repair City Letterhead Name Plates Zipper Deposit Bags, Legal Pads, Sharpies, Packing Tape Calendars, Toner Calendars Window Envelopes Calendars, Highlighters Copy Paper Manila Folders, DVD -R, HP Toner Calendars, Highlighters, Dry Erase Markers City Hall Lighting City Hall Repair Lighting in Lunch Room Transmitters City Hall Chambers Multi -fold Towels, Tissue, Can Liners T3 Bulb Replace Handicap Door Switch Dry Lube, AA Protectant Trigger Powdered Graphite Home Depot/Heaters, Paint, Poly, Caulk Home Depot/Electric Heater Northern Tool/Scrushers Home Depot/Utility Supplies Fire Ext. Annual Inspection Dec Phone Services Electric Trash & Recycle Trash & Recycle Trash & Recycle Mats Nov Plotter/Scanner Maintenance Ricoh MP 6002SP Copier Maintenance Contract Konica C250B2C Copier Maintenance Contract Kandiyohi Water MN Dept of Labor & Industry/Boiler License Fee Health Insurance Premiums Disability Insurance Premiums Insurance Premiums Dental Insurance Premiums Ice Recip Blade Suction Hose Kit Home Depot/Tape, Epoxy Oct NorthPointe Master Plan AP - AP Checks by Account Number (12/7/2015) Page 6 of 11 last name acct 1 base amount check number description U.S. Bank Connexus Energy Xcel Energy Ace Solid Waste, Inc. Jimmy's Johnnys Jimmy's Johnnys Jimmy's Johnnys Jimmy's Johnnys Medica Lincoln National Life Ins Co Sun Life Financial Delta Dental Plan of Minnesota U.S. Bank Nystrom Publishing Company Medica Lincoln National Life Ins Co Sun Life Financial Delta Dental Plan of Minnesota U.S. Bank Medica Lincoln National Life Ins Co Sun Life Financial Delta Dental Plan of Minnesota Medica Lincoln National Life Ins Co Sun Life Financial Delta Dental Plan of Minnesota Mork Mary Lehmicke Michael Burlakova Mariya Bauer David & Tara Alcantar Alan Wahl Carol U.S. Bank U.S. Bank U.S. Bank U.S. Bank U.S. Bank U.S. Bank AARP U.S. Bank U.S. Bank U.S. Bank 101-450-4330-000 540.00 102824 101-450-4381-000 68.95 102756 101-450-4381-000 92.34 102832 101-450-4410-000 156.47 102724 101-450-4410-000 17.14 102782 101-450-4410-000 60.00 102782 101-450-4410-000 17.14 102782 101-450-4410-000 240.00 102782 101-451-4131-000 981.18 102794 101-451-4133-000 21.78 102791 101-451-4133-000 3.06 102820 101-451-4134-000 50.88 102763 101-451-4330-000 281.46 102824 101-451-4343-000 3,209.93 102804 101-461-4131-000 148.20 102794 101-461-4133-000 7.29 102791 101-461-4133-000 0.89 102820 101-461-4134-000 14.84 102763 101-461-4330-000 135.00 102824 101-462-4131-000 127.03 102794 101-462-4133-000 6.24 102791 101-462-4133-000 0.77 102820 101-462-4134-000 12.72 102763 101-463-4131-000 148.20 102794 101-463-4133-000 7.29 102791 101-463-4133-000 0.89 102820 101-463-4134-000 14.84 102763 201-000-3810-819 15.00 102800 201-000-3810-819 15.00 102789 201-000-3810-819 15.00 102744 201-000-3810-819 15.00 102739 201-000-3810-819 15.00 102727 201-000-3810-890 20.00 102827 201-202-4211-839 600.00 102824 201-205-4211-814 109.89 102824 201-205-4211-814 8.20 102824 201-205-4211-814 111.05 102824 201-205-4211-814 6.98 102824 201-205-4211-814 112.68 102824 201-205-4211-814 65.00 102723 201-205-4211-825 36.58 102824 201-205-4211-827 21.95 102824 201-205-4211-827 36.58 102824 MN Nursery & Landscape/Expo Registration -Hoffman Electric Electric Trash & Recycle Toilet Rental-Marshan Park Toilet Rental -Birch Park Toilet Rental -Clearwater Creek Toilet Rental -Rice Lake Elem Health Insurance Premiums Disability Insurance Premiums Insurance Premiums Dental Insurance Premiums Mankato City Center Hotel/MRPA Conference Winter Newsletter Health Insurance Premiums Disability Insurance Premiums Insurance Premiums Dental Insurance Premiums MN Nursery & Landscape/Expo Registration Health Insurance Premiums Disability Insurance Premiums Insurance Premiums Dental Insurance Premiums Health Insurance Premiums Disability Insurance Premiums Insurance Premiums Dental Insurance Premiums Community Garden Clean Up Cormnunity Garden Clean Up Community Garden Clean Up Community Garden Clean Up Community Garden Clean Up Refund AARP Senior Program National Camera Exchange/Cameras Games & Noble/Senior Book Club Bill's/Juice & Ice for Senior Lunch & Learn Tavem on Main/Lunch for Senior Lunch & Learn Bill's/Dressing & Cookies for Senior Lunch & Learn Amazon/Senior Book Club AARP Driver Safety Program Image Printing/Special Event Flyers Fun Express/Program Supplies Image Printing/Special Event Flyers AP - AP Checks by Account Number (12/7/2015) Page 7 of 11 last name acct 1 base amount check number description U.S. Bank 201-205-4211-860 36.58 102824 Image Printing/Special Event Flyers Petty Cash - Megan Brang 201-205-4211-860 300.00 102718 Petty Cash Secret Holiday Shop U.S. Bank 201-205-4211-868 83.77 102824 Fun Express/Program Supplies U.S. Bank 201-205-4211-868 23.32 102824 Target/Program Supplies U.S. Bank 201-205-4211-868 2.97 102824 ProCraft/Program Supplies U.S. Bank 201-205-4211-868 170.37 102824 Fun Express/Prograrn Supplies U.S. Bank 201-205-4211-868 36.58 102824 Image Printing/Special Event Flyers U.S. Bank 201-205-4211-868 57.86 102824 Target/Program Supplies U.S. Bank 201-205-4211-868 5.94 102824 ProCraft/Program Supplies U.S. Bank 201-205-4211-868 18.00 102824 Dollar Tree/Program Supplies U.S. Bank 201-205-4211-868 34.80 102824 Walmart/Program Supplies U.S. Bank 201-205-4211-868 37.85 102824 Party City/Program Supplies U.S. Bank 201-205-4211-868 4.27 102824 Target/Program Supplies U.S. Bank 201-205-4211-890 758.00 102824 Plymouth Playhouse/Senior Trip U.S. Bank 201-205-4211-890 623.61 102824 Green Mill Plymouth/Senior Trip U.S. Bank 201-205-4211-890 1,181.89 102824 Old Log Theatre/Senior Trip Minnesota Coaches, Inc. 201-205-4410-890 589.85 102799 Senior Trip Old Log Theatre U.S. Bank 201-207-4211-806 600.00 102824 National Camera Exchange/Cameras U.S. Bank 201-208-4211-856 629.76 102824 National Camera Exchange/Cameras Flaschberger Zachary 201-208-4410-856 226.13 102772 Contract Sports Official HP, Inc. 206-420-5000-000 157.41 102778 HP Ultra Slim Dock HP, Inc. 206-420-5000-000 1,114.72 102778 HP BU IDS UMA i5 -5300U Keltek, Inc. 206-420-5000-000 43,971.68 102786 Tough Books & Accessories Keltek, Inc. 206-420-5000-000 6,594.30 102786 Tough Books & Accessories Keltek, Inc. 206-420-5000-000 -50.00 102786 Tough Books & Accessories Keltek, Inc. 206-420-5000-000 1,622.21 102786 Tough Books & Accessories Keltek, Inc. 206-420-5000-000 2,421.85 102786 Tough Books & Accessories Keltek, Inc. 206-420-5000-000 9,344.75 102786 Tough Books & Accessories Keltek, Inc. 206-420-5000-000 3,250.00 102786 Tough Books & Accessories Keltek, Inc. 206-420-5000-000 -778.73 102786 Tough Books & Accessories Keltek, Inc. 206-420-5000-000 -80.00 102786 Tough Books & Accessories Keltek, Inc. 206-420-5000-000 250.00 102786 Tough Books & Accessories U.S. Bank 206-420-5000-000 85.69 102824 Amazon/Scanner for Patrol SHI International Corp 206-420-5000-000 243.00 102816 Office Std 2016 Blue Tow Service, Inc. 207-420-4300-000 140.00 102740 ICR #15-242580/RA 15-300110 Chevy Malibu U.S. Bank 207-420-4300-000 21.83 102824 MN DVS Blaine/License for Forfeiture Vehicle Blue Tow Service, Inc. 208-420-4300-000 140.00 102740 Case #RA15-300106 Ford CMP SEH Technology Solutions Inc 401-499-4304-000 573.26 102815 October Antenna Projects Ratwik, Roszak & Maloney, PA 401-499-4304-000 188.50 102812 October Legal Menards 402-421-5000-000 1,108.95 102795 Cable, Bulbs U.S. Bank 402-421-5000-000 77.97 102824 Frattallone's/Silicone, Fasteners U.S. Bank 402-421-5000-000 3,284.66 102824 Paul Conway Shields/LL Public Safety City of Roseville 402-421-5000-000 480.00 102750 Telephone Handsets Birch Street Fire Station AP - AP Checks by Account Number (12/7/2015) Page 8 of 11 last name acct 1 base amount check number description L'Allier Daniel Fire Safety U.S.A. Staples Advantage U.S. Bank HP, Inc. HP, Inc. Crosstown Mechanical Hotsy Equipment Of Minnesota U.S. Bank WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. Ratwik, Roszak & Maloney, PA WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. SEH Technology Solutions Inc SEH Technology Solutions Inc Emmons & Olivier Resources WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. Ratwik, Roszak & Maloney, PA Ratwik, Roszak & Maloney, PA Ratwik, Roszak & Maloney, PA CNH Architects WSB & Associates, Inc. WSB & Associates, Inc. Jorgenson Construction Inc. WSB & Associates, Inc. Stantec Consulting Services WSB & Associates, Inc. WSB & Associates, Inc. Anoka Co. Property Records Tax WSB & Associates, Inc. Dresel Contracting Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. ROSS GRANT Jorgenson Construction Inc. 402-421-5000-000 7.45 102787 402-421-5000-000 762.50 102770 402-421-5000-421 329.99 102818 402-421-5000-421 1,539.96 102824 402-421-5000-421 1,806.58 102778 402-421-5000-421 1,114.72 102778 402-421-5000-421 3,550.00 102757 402-421-5000-421 11,249.08 102777 402-421-5000-421 304.04 102824 406-499-4304-000 1,028.50 102831 406-499-4304-000 948.50 102831 406-499-4304-000 398.00 102831 406-499-4304-000 1,091.50 102831 421-499-4301-113 116.00 102812 421-499-4304-110 73.00 102831 421-499-4304-110 73.00 102831 421-499-4304-113 1,551.00 102831 422-499-4300-000 501.50 102815 422-499-4300-000 576.00 102815 422-499-4300-000 4,646.55 102767 422-499-4304-000 25,619.50 102831 422-499-4304-000 11,773.00 102831 422-499-4304-000 474.25 102831 474-499-4301-082 12,771.03 102812 476-499-4301-096 4,836.83 102812 477-499-4301-000 188.50 102812 478-499-4300-000 5,157.38 102753 478-499-4304-000 5,339.00 102831 478-499-4304-000 1,162.00 102831 478-499-4400-000 610,724.60 102785 479-499-4304-112 1,840.50 102831 479-499-4304-112 5,351.67 102817 480-499-4304-000 7,927.75 102831 480-499-4304-000 1,503.00 102831 481-499-4300-000 46.00 102732 481-499-4304-000 815.50 102831 481-499-4400-000 6,579.01 102764 482-499-4304-000 10,736.30 102831 482-499-4304-000 26,545.00 102831 483-499-4304-000 6,516.00 102831 483-499-4304-000 2,804.00 102831 601-000-2020-000 66.38 102813 601-000-3714-000 -285.00 102784 All -State Peterbuilt Amber G127 -C Fat Ivan Block It & Lock It Door Chock w/ Magnet HP Color Laserjet Best Buy/Monitors and Mounts for Fire Training Room HP Elite Desk 800, HP Elite Display HP BU IDS UMA i5 -5300U Ice Machine Hotsy Model 942N Grainger/Wall Mount Hose Reel Oct Watermark by Mattamy Oct Watermark Water Reuse Oct Wellhead Protection Plan Phase 1 & 2 Sept Watermark Water Reuse October Legal Sept 2014 Mill & Overlay Project Oct 2014 Mill & Overlay Project Oct Culvert Replacements June GIS Services October GIS Services Lino Lakes SWMP Oct Work Plan to Develop Expanded Water Resource Mgmt Guide Plan Sept NE Area Drainage Study Oct Stormwater CIP October Legal October Legal October Legal Architectural Design Fire House #2 Sept Fire Station Construction Oct Fire Station Construction Fire Station Construction Oct Well House No. 6 October Pump House #6 Sept NorthPointe Street & Utility Improvements Construction Oct NorthPointe Street & Utility Improvements Construction Declaration of Restriction -Birch Turn Lane & Utilities Sept Birch Street Sanitary Sewer Ext and Turn Lane Birch St Sanitary Sewer Ext & Turn Lane Construction Oct 2015 Reconstruction Project Shenandoah Area Sept2015 Reconstruction Project Shenandoah Area Sept Trunk Watermain Aqua Lane to Black Duck Drive Oct Trunk Watermain Aqua Lane to Black Duck Drive Refund Check Hydrant Meter Deposit Refund AP - AP Checks by Account Number (12/7/2015) Page 9 of 11 last name acct 1 base amount check number description The Other Side Jorgenson Construction Inc. The Other Side Medica Sun Life Financial Lincoln National Life Ins Co Delta Dental Plan of Minnesota Curtis 1000 Inc. U.S. Bank Arcade Asphalt, Inc. Arcade Asphalt, Inc. Aid Electric Corporation U.S. Bank U.S. Bank Menards HD Supply Waterworks, Ltd. U.S. Bank Instrumental Research, Inc. Instrumental Research, Inc. SEH Technology Solutions Inc SEH Technology Solutions Inc WSB & Associates, Inc. WSB & Associates, Inc. Stantec Consulting Services Circle Pines Post Office Xcel Energy Connexus Energy Centennial Utilities Medica Lincoln National Life Ins Co Sun Life Financial Delta Dental Plan of Minnesota Curtis 1000 Inc. W.W. Goetsch Associates, Inc. U.S. Bank U.S. Bank WSB & Associates, Inc. WSB & Associates, Inc. Circle Pines Post Office Connexus Energy Xcel Energy Centennial Utilities WSB & Associates, Inc. 601-000-3714-000 -162.50 102821 601-000-3855-000 -26.18 102784 601-000-3855-000 -1.87 102821 601-494-4131-000 941.12 102794 601-494-4133-000 5.87 102820 601-494-4133-000 37.14 102791 601-494-4134-000 97.52 102763 601-494-4200-000 420.42 102760 601-494-4211-000 34.29 102824 601-494-4211-000 4,040.00 102734 601-494-4211-000 1,200.00 102734 601-494-4211-000 350.14 102726 601-494-4211-000 28.72 102824 601-494-4211-000 4.19 102824 601-494-4211-000 808.45 102795 601-494-4215-000 2,767.37 102776 601-494-4240-000 14.97 102824 601-494-4300-000 150.00 102780 601-494-4300-000 142.50 102780 601-494-4300-000 41.00 102815 601-494-4300-000 2,770.00 102815 601-494-4304-000 944.16 102831 601-494-4304-000 944.17 102831 601-494-4304-000 1,102.00 102817 601-494-4322-000 343.13 102717 601-494-4381-000 2,665.69 102832 601-494-4381-000 1,319.06 102756 601-494-4382-000 414.30 102747 602-495-4131-000 941.08 102794 602-495-4133-000 37.13 102791 602-495-4133-000 5.85 102820 602-495-4134-000 97.52 102763 602-495-4200-000 420.41 102760 602-495-4211-000 2,600.00 102826 602-495-4211-000 34.29 102824 602-495-4240-000 34.94 102824 602-495-4304-000 944.17 102831 602-495-4304-000 944.16 102831 602-495-4322-000 343.12 102717 602-495-4381-000 561.87 102756 602-495-4381-000 1,592.00 102832 602-495-4382-000 238.16 102747 801-000-2300-000 1,215.50 102831 Hydrant Meter Deposit Refund Hydrant Meter Deposit Refund Hydrant Meter Deposit Refund Health Insurance Premiums Insurance Premiums Disability Insurance Premiums Dental Insurance Premiums Utility Billing Statements MN DVS Blaine/License for Utility Trailer Street Patches Street Patches Repair Pump Receipt. Well #1 Home Depot/Pipe Fittings for Irrigation System Repairs Home Depot/Pipe Fittings for Irrigation System Repairs Shelf Kit MXU's Home Depot/Utility Supplies Iron Bacteria ID October City Water October GIS Services June GIS Services Sept General Engineering Oct General Engineering October General Engineering Service Utility Billing Postage Electric Electric 4th Qtr 2015 Sewer & Water Health Insurance Premiums Disability Insurance Premiums Insurance Premiums Dental Insurance Premiums Utility Billing Statements Lift Station 7 Impellers MN DVS Blaine/License for Utility Trailer Home Depot/Masonry Bits Sept General Engineering Oct General Engineering Utility Billing Postage Electric Electric 4th Qtr 2015 Sewer & Water Sept Morell Borrow Pit AP - AP Checks by Account Number (12/7/2015) Page 10 of 11 last name acct 1 base amount check number description WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. Ratwik, Roszak & Maloney, PA Press Publications, Inc. Jorgenson Construction Inc. The Other Side WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. JJH Homes Corp WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. WSB & Associates, Inc. 801-000-2300-000 409.50 102831 801-000-2300-000 71.50 102831 801-000-2300-000 480.50 102831 801-000-2300-000 287.50 102812 801-000-2300-000 54.86 102811 801-000-2301-000 400.00 102784 801-000-2301-000 400.00 102821 801-000-2302-102 390.00 102831 801-000-2302-103 968.50 102831 801-000-2303-102 429.00 102831 801-000-2304-102 117.00 102831 801-000-2306-102 3,315.50 102831 801-000-2312-102 71.50 102831 801-000-2312-102 1,225.50 102831 801-000-2318-000 2,450.00 102783 801-000-2321-102 117.00 102831 801-000-2321-102 175.50 102831 801-000-2329-102 130.50 102831 801-000-2329-102 1,178.00 102831 801-000-2329-102 175.50 102831 801-000-2330-102 4,301.50 102831 801-000-2330-102 3,910.00 102831 801-000-2331-102 143.00 102831 801-000-2332-102 1,111.50 102831 801-000-2332-102 1,251.00 102831 801-000-2332-102 1,174.50 102831 801-000-2332-102 1,470.00 102831 801-000-2332-102 1,130.50 102831 801-000-2332-102 1,170.00 102831 801-000-2333-102 234.00 102831 801-000-2357-102 10,720.00 102831 801-000-2357-102 357.50 102831 1,121,871.15 Oct Century Farm North 6th Sept Hawkins-Donlin Minor Subdivision Oct North Oaks PUD October Legal -Hawkins Minor Subdivision Ord. No. 11-15 NorthPointe Hydrant Meter Deposit Refund Hydrant Meter Deposit Refund Oct White Pine Senior Living Sept White Pine Senior Living Oct Talan Ridge Oct Isabell Estates Sept NorthPointe 3rd Addition Oct Tumberry Crossing 2nd Addition Sept Tumberry Crossing 2nd Addition Building Escrow Release -6369 Red Fox Oct ALino Addition Oct Metro Transit Sept NorthPointe Phase 1 Construction Oct NorthPointe Phase 1 Construction Oct NorthPointe Oct Robinson Drive Construction Sept Robinson Drive Construction Sept ALino Addition Oct Birch Street By -Pass Lane Construction Sept Saddle Club Oct Saddle Club Construction Sept Saddle Club Construction Oct Saddle Club Sept Saddle Club By -Pass Lane Construction Oct NorthPointe 2nd Addition Oct NorthPointe 3rd Addition Construction Oct NorthPointe 3rd Addition AP - AP Checks by Account Number (12/7/2015) Page 11 of 11 CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1 Check Issue Dates: 11/3/2015 - 11/18/2015 Nov 18, 2015 04:51 PM Report Criteria: Report type: Summary GL Check Check Vendor Period Issue Date Number Number Payee Description Check Amount 11/15 11/18/2015 11/15 11/18/2015 11/15 11/18/2015 11/15 11/18/2015 11/15 11/18/2015 11/15 11/18/2015 11/15 11/18/2015 11/15 11/18/2015 11/15 11/18/2015 11/15 11/18/2015 11/15 11/18/2015 11/15 11/18/2015 11/15 11/18/2015 11/15 11/18/2015 11/15 11/18/2015 11/15 11/18/2015 11/15 11/18/2015 11/15 11/18/2015 11/15 11/18/2015 Grand Totals: 7199 7200 7201 7202 7203 7204 7205 7206 7207 7208 7209 7210 7211 7212 7213 7214 7215 7216 7217 10600 10850 11565 30480 30490 31137 60650 90151 120450 120463 160050 160130 160150 160493 190315 190820 220200 240100 1000007 ANCOM COMMUNICATIONS, IN ANOKA COUNTY TREASURY D ASPEN MILLS, INC CENTENNIAL UTILITIES CENTERPOINT ENERGY CONNEXUS ENERGY FRATTALLONE'S HARDWARE S IMAGE PRINTING & GRAPHICS CITY OF LINO LAKES LINO LAKES PUBLIC SAFETY DI PAETEC, INC PERFORMANCE PLUS LLC PEARSON EDUCATION, INC PREMIUM WATERS, INC MIKE SCHWEIGERT BENJAMIN J. STEPAN VERIZON WIRELESS XCEL ENERGY MICHAEL J CHRISTIAN SALES TAX DEC BROADBAND UNIFORMS OCT UTILITIES STATION 1 OCT STATION 2 GAS UTILITIES OCT ELEC STATION 1 BLDG SUPPLIES BULBS VEH NUMBERS OCT REIMB-FEMA INSURANCE FEMA -EMPLOYEE EXAMS PHONES STATION 2 FEMA -MEDICAL EXAM EMS PROGRAM SUPPLIES BOTTLED WATER FEMA -MILEAGE REIMB EMS INSTRUCTOR PAY COMMUNICATIONS ELECTRIC STATION 2 FEMA -REFERRAL BONUS 1,285.50 187.50 250.01 117.72 59.38 427.68 21.35 53.44 27,817.11 1,283.00 160.06 95.00 3,352.07 18.29 75.88 342.00 53.09 446.95 100.00 36,146.03 M = Manual Check, V = Void Check CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1 Check Issue Dates: 11/19/2015 - 12/2/2015 Dec 02, 2015 09:22AM Report Criteria: Report type: Summary GL Check Check Vendor Period Issue Date Number Number Payee Description Check Amount 12/15 12/02/2015 7218 11565 12/15 12/02/2015 7219 30500 12/15 12/02/2015 7220 30575 12/15 12/02/2015 7221 50120 12/15 12/02/2015 7222 60050 12/15 12/02/2015 7223 60300 12/15 12/02/2015 7224 60650 12/15 12/02/2015 7225 70210 12/15 12/02/2015 7226 130020 12/15 12/02/2015 7227 180600 12/15 12/02/2015 7228 200150 12/15 12/02/2015 7229 220200 Grand Totals: ASPEN MILLS, INC CENTURY LINK CITY OF CIRCLE PINES EMERGENCY APPARATUS MAI FISDAP, INC FIRE SAFETY USA, INC FRATTALLONE'S HARDWARE S GENERAL SPRINKLER CORPO MARCO, INC CITY OF ROSEVILLE THOMAS MOTORS, INC VERIZON WIRELESS BADGES NOV-DEC PHONE SERVICE 4TH QTR ACCOUNTING SERVI INSTALL LIGHTS 10 EXAMS REMOTE START IN 4 VEHICLES TAPE ANNUAL SPRINKLER INSPECTI NOV-DEC COPIER CONTRACT DEC PHONE CLEAN THROTTLE 09 FORD OCT-NOV PHONES 8.55 58.25 1,575.00 370.93 200.00 527.79 16.63 650.00 208.80 963.07 110.00 129.98 4,819.00 M = Manual Check, V = Void Check CENTENNIAL FIRE DISTRICT Invoice Register - Edit Report Page: 1 Input Dates: 11/3/2015 - 11/18/2015 Nov 18, 2015 04:52PM Name Vendor Number Invoice Seq Type Description Invoice Date Payment Due Date Total Cost GL Account GL Period 11/18/2015 10600 ANCOM COMMUNICATIONS, INC ANCOM CO 10600 56606 ANCOM CO 10600 56606 1 Invoi PAGER PACKAGES/SERVICE 11/18/2015 2 Invoi SALES TAX Total 10600 ANCOM COMMUNICATIONS, INC: 10850 ANOKA COUNTY TREASURY DEPT. ANOKA CO 10850 B151103C 1 Invoi DEC BROADBAND Total 10850 ANOKA COUNTY TREASURY DEPT.: 11565 ASPEN MILLS, INC ASPEN MIL 11565 172574 ASPEN MIL 11565 172887 Total 11565 ASPEN MILLS, INC: 30480 CENTENNIAL UTILITIES CENTENNI 30480 111815 Total 30480 CENTENNIAL UTILITIES: 30490 CENTERPOINT ENERGY CENTERP 30490 111815 Total 30490 CENTERPOINT ENERGY: 31137 CONNEXUS ENERGY CONNEXU 31137 1 Invoi UNIFORMS 1 Invoi UNIFORMS 11/18/2015 11/18/2015 11/18/2015 11/18/2015 1 Invoi OCT UTILITIES STATION 1 11/18/2015 1 Invoi OCT STATION 2 GAS UTILITIES 11/18/2015 111815 1 Invoi OCT ELEC STATION 1 11/18/2015 Total 31137 CONNEXUS ENERGY: 60650 FRATTALLONE'S HARDWARE STORE FRATTALL 60650 111815 1 Invoi VEH SUPPLIES FRATTALL 60650 111815 2 Invoi BLDG SUPPLIES BULBS Total 60650 FRATTALLONE'S HARDWARE STORE: 90151 IMAGE PRINTING & GRAPHICS INC IMAGE PRI 90151 145369 1 Invoi VEH NUMBERS Total 90151 IMAGE PRINTING & GRAPHICS INC: 120450 CITY OF LINO LAKES CITY OF LI 120450 CITY OF LI CITY OF LI CITY OF LI CITY OF LI CITY OF LI CITY OF LI CITY OF LI CITY OF LI CITY OF LI 120450 120450 120450 120450 120450 120450 120450 120450 120450 111815 1 Invoi 111815 2 Invoi 111815 3 Invoi 111815 4 Invoi 111815 5 Invoi 111815 6 Invoi 111815 7 Invoi 111815 8 Invoi 111815 9 Invoi 111815 10 Invoi OCT REIMB-FT SALARIES OCT REIMB-OT SALARIES OCT REIMB-PAYROLL TAXES OCT REIMB-INSURANCE OCT REIMB-EMS COORD SALA OCT REIMB-EMS COORD PAYR OCT REIMB-FUEL OCT REIMB-FEMA SALARIES OCT REIMB-FEMA PAYROLL TA OCT REIMB-FEMA INSURANCE 11/18/2015 11/18/2015 11/18/2015 11/18/2015 1,373.88 801-42-2210-204 11/15 11/18/2015 88.38- 801-21800 1,285.50 11/15 11/18/2015 187.50 801-42-2210-321 11/15 187.50 11/18/2015 99.45 801-42-2210-218 11/15 11/18/2015 150.56 801-42-2210-218 11/15 250.01 11/18/2015 117.72 801-42-2210-380 11/15 117.72 11/18/2015 59.38 801-42-2210-380 11/15 59.38 11/18/2015 427.68 801-42-2210-380 11/15 11/18/2015 11/18/2015 427.68 13.62 801-42-2210-213 11/15 7.73 801-42-2210-202 11/15 21.35 11/18/2015 53.44 801-42-2210-213 11/15 53.44 11/18/2015 11/18/2015 12,048.00 801-42-2210-101 11/15 11/18/2015 11/18/2015 96.09 801-42-2210-103 11/15 11/18/2015 11/18/2015 2,139.94 801-42-2210-120 11/15 11/18/2015 11/18/2015 3,086.41 801-42-2210-130 11/15 11/18/2015 11/18/2015 3,248.00 801-42-2240-104 11/15 11/18/2015 11/18/2015 492.08 801-42-2240-120 11/15 11/18/2015 11/18/2015 806.22 801-42-2210-212 11/15 11/18/2015 11/18/2015 4,651.20 201-42-2210-101 11/15 11/18/2015 11/18/2015 681.34 201-42-2210-120 11/15 11/18/2015 11/18/2015 567.83 201-42-2210-130 11/15 Total 120450 CITY OF LINO LAKES: 27,817.11 CENTENNIAL FIRE DISTRICT Invoice Register - Edit Report Page: 2 Input Dates: 11/3/2015 - 11/18/2015 Nov 18, 2015 04:52PM Name Vendor Number Invoice Seq Type Description Invoice Date Payment Due Date Total Cost GL Account GL Period 120463 LINO LAKES PUBLIC SAFETY DIVISION LINO LAKE 120463 4132/4142 1 Invoi FEMA -PHYSICALS 11/18/2015 11/18/2015 833.00 201-42-2230-308 11/15 LINO LAKE 120463 9965 1 Invoi FEMA -EMPLOYEE EXAMS 11/18/2015 11/18/2015 450.00 201-42-2230-309 11/15 Total 120463 LINO LAKES PUBLIC SAFETY DIVISION: 1,283.00 160050 PAETEC, INC PAETEC, I 160050 58886056 1 Invoi PHONES STATION 2 11/18/2015 11/18/2015 160.06 801-42-2210-321 11/15 Total 160050 PAETEC, INC: 160.06 160130 PERFORMANCE PLUS LLC PERFORM 160130 4180 1 Invoi FEMA -MEDICAL EXAM 11/18/2015 11/18/2015 95.00 201-42-2230-308 11/15 Total 160130 PERFORMANCE PLUS LLC: 95.00 160150 PEARSON EDUCATION, INC PEARSON 160150 78812245 1 Invoi EMS PROGRAM SUPPLIES 11/18/2015 11/18/2015 3,352.07 801-42-2240-201 11/15 Total 160150 PEARSON EDUCATION, INC: 3,352.07 160493 PREMIUM WATERS, INC PREMIUM 160493 31451856 1 Invoi BOTTLED WATER 11/18/2015 11/18/2015 18.29 801-42-2210-201 11/15 Total 160493 PREMIUM WATERS, INC: 18.29 190315 MIKE SCHWEIGERT MIKE SCH 190315 111815 1 Invoi FEMA -CELL PH REIMB 11/18/2015 11/18/2015 50.00 201-42-2220-302 11/15 MIKE SCH 190315 111815 2 Invoi FEMA -MILEAGE REIMB 11/18/2015 11/18/2015 25.88 201-42-2210-331 11/15 Total 190315 MIKE SCHWEIGERT: 75.88 190820 BENJAMIN J. STEPAN BENJAMIN 190820 111815 1 Invoi EMS INSTRUCTOR PAY 11/18/2015 11/18/2015 342.00 801-42-2240-302 11/15 Total 190820 BENJAMIN J. STEPAN: 342.00 220200 VERIZON WIRELESS VERIZON 220200 97550773 1 Invoi COMMUNICATIONS 11/18/2015 11/18/2015 53.09 801-42-2210-321 11/15 Total 220200 VERIZON WIRELESS: 53.09 240100 XCEL ENERGY XCEL ENE 240100 111815 1 Invoi ELECTRIC STATION 2 11/18/2015 11/18/2015 446.95 801-42-2210-380 11/15 Total 240100 XCEL ENERGY: 446.95 1000007 MICHAEL J CHRISTIAN MICHAEL J 1000007 111815 1 Invoi FEMA -REFERRAL BONUS 11/18/2015 11/18/2015 100.00 201-42-2230-307 11/15 Total 1000007 MICHAEL J CHRISTIAN: 100.00 Total 11/18/2015: 36,146.03 11/18/2015 GL Period Summary CENTENNIAL FIRE DISTRICT Invoice Register - Edit Report Page: 3 Input Dates: 11/3/2015 - 11/18/2015 Nov 18, 2015 04:52PM GL Period Amount 11/15 36,146.03 Grand Totals: 36,146.03 Grand Totals: 36,146.03 Report GL Period Summary GL Period Amount 11/15 36,146.03 Grand Totals: 36,146.03 Vendor number hash: 3131129 Vendor number hash - split: 4476744 Total number of invoices: 21 Total number of transactions: 33 Terms Description Invoice Amount Discount Amount Net Invoice Amount Open Terms 36,146.03 .00 36,146.03 Grand Totals: 36,146.03 .00 36,146.03 CENTENNIAL FIRE DISTRICT Invoice Register - Edit Report Page: 1 Input Dates: 11/19/2015 - 12/2/2015 Dec 02, 2015 09:24AM Name Vendor Number Invoice Seq Type Description Invoice Date Payment Due Date Total Cost GL Account GL Period 12/02/2015 11565 ASPEN MILLS, INC ASPEN MIL 11565 173062 1 Invoi BADGES 12/02/2015 12/02/2015 8.55 801-42-2210-218 12/15 Total 11565 ASPEN MILLS, INC: 8.55 30500 CENTURY LINK CENTURY 30500 12/2/2015 1 Invoi NOV-DEC PHONE SERVICE 12/02/2015 12/02/2015 58.25 801-42-2210-321 12/15 Total 30500 CENTURY LINK: 58.25 30575 CITY OF CIRCLE PINES CITY OF CI 30575 12/2/15 1 Invoi 4TH QTR ACCOUNTING SERVI 12/02/2015 12/02/2015 1,575.00 801-42-2210-301 12/15 Total 30575 CITY OF CIRCLE PINES: 1,575.00 50120 EMERGENCY APPARATUS MAINT, INC EMERGEN 50120 83677 1 Invoi INSTALL LIGHTS 12/02/2015 12/02/2015 370.93 801-42-2210-404 12/15 Total 50120 EMERGENCY APPARATUS MAINT, INC: 370.93 60050 FISDAP, INC FISDAP, IN 60050 1205F112 1 Invoi 10 EXAMS 12/02/2015 12/02/2015 200.00 801-42-2240-331 12/15 Total 60050 FISDAP, INC: 200.00 60300 FIRE SAFETY USA, INC FIRE SAFE 60300 84158 1 Invoi REMOTE START IN 4 VEHICLES 12/02/2015 12/02/2015 527.79 801-42-2210-404 12/15 Total 60300 FIRE SAFETY USA, INC: 527.79 60650 FRATTALLONE'S HARDWARE STORE FRATTALL 60650 54171 1 Invoi TAPE 12/02/2015 12/02/2015 16.63 801-42-2210-202 12/15 Total 60650 FRATTALLONE'S HARDWARE STORE: 16.63 70210 GENERAL SPRINKLER CORPORATION GENERAL 70210 22093 1 Invoi ANNUAL SPRINKLER INSPECTI 12/02/2015 12/02/2015 650.00 801-42-2210-401 12/15 Total 70210 GENERAL SPRINKLER CORPORATION: 650.00 130020 MARCO, INC MARCO, IN 130020 29226850 1 Invoi NOV-DEC COPIER CONTRACT 12/02/2015 12/02/2015 208.80 801-42-2210-406 12/15 Total 130020 MARCO, INC: 208.80 180600 CITY OF ROSEVILLE CITY OF R 180600 220892 1 Invoi DEC MIS 12/02/2015 12/02/2015 769.42 801-42-2210-320 12/15 CITY OF R 180600 220910 1 Invoi DEC PHONE 12/02/2015 12/02/2015 193.65 801-42-2210-321 12/15 Total 180600 CITY OF ROSEVILLE: 963.07 200150 THOMAS MOTORS, INC THOMAS M 200150 27526 1 Invoi INSPECT 2013 C1 12/02/2015 12/02/2015 65.00 801-42-2210-404 12/15 THOMAS M 200150 27537 1 Invoi CLEAN THROTTLE 09 FORD 12/02/2015 12/02/2015 45.00 801-42-2210-404 12/15 Total 200150 THOMAS MOTORS, INC: 110.00 CENTENNIAL FIRE DISTRICT Invoice Register - Edit Report Page: 2 Input Dates: 11/19/2015 - 12/2/2015 Dec 02, 2015 09:24AM Name Vendor Number Invoice Seq Type Description Invoice Date Payment Due Date Total Cost GL Account GL Period 220200 VERIZON WIRELESS VERIZON 220200 97556533 1 Invoi OCT-NOV PHONES 12/02/2015 12/02/2015 129.98 801-42-2210-321 12/15 Total 220200 VERIZON WIRELESS: 129.98 Total 12/02/2015: 4,819.00 12/2/2015 GL Period Summary GL Period Amount 12/15 4,819.00 Grand Totals: 4,819.00 Grand Totals: 4,819.00 Report GL Period Summary GL Period Amount 12/15 4,819.00 Grand Totals: 4,819.00 Vendor number hash: 1485690 Vendor number hash - split: 1485690 Total number of invoices: 14 Total number of transactions: 14 Terms Description Invoice Amount Discount Amount Net Invoice Amount Open Terms 4,819.00 .00 4,819.00 Grand Totals: 4,819.00 .00 4,819.00 CITY COUNCIL WORK SESSION November 2, 2015 DRAFT DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : November 2, 2015 . 6:00 p.m. . 9:15 p.m. : Council Member Stoesz, Kusterman, Rafferty, Roeser and Mayor Reinert : None Staff members present: City Administrator Jeff Karlson; Director of Public Safety John Swenson; Community Development Director Michael Grochala; City Engineer Diane Hankee; Finance Director Sarah Cotton; City Planner Katie Larsen 1. John Commers, Lake Amelia Project — Community Development Director Grochala has provided the council with a written staff report including some history on the subject matter. The council heard from John and Patricia Commers, property owners. The council had received a project location and land use map in the staff report. They have owned the property for twenty years with aspirations to development it. There is a real need for senior housing so they propose a development to meet that need. They are working with a builder and have discussed that the development would probably be phased. They do not have utilities to the area and want to get an idea of support from the city. Community Development Director Grochala explained that development of the property is really not a question of if but rather when. He noted how the property is guided under the current Comprehensive Plan and the impact of the proximity of utilities to the area. The property is actually at the end of the development line for utilities. As laid out in the staff report if the Commers are interested in moving forward they would have to go through an official request for amendment of the Comp Plan and staff would provide a recommendation through that. Mayor Reinert noted that the regular city Comp Plan update process will be starting soon and there will be an opportunity for the Commers to speak about their plans through that process. Community Development Director Grochala explained briefly the types of studies (i.e. traffic, environmental impact) that would be a part of a Comp Plan amendment process. The Commers asked about the possibility of beginning the Comp Plan update process earlier than 2017. Mayor Reinert said he can see the value of the development. He discussed further with the Commers their vision for the development and how it would fit into the city. He 1 CITY COUNCIL WORK SESSION November 2, 2015 DRAFT 45 suggested it would be helpful if the council could view a like development to get an idea 46 of the plans. 47 48 Mr. Grochala said that staff could also have discussions with White Bear Lake about the 49 feasibility study that was done for the area and look at uses and changes in the area. 50 There is some due diligence required of the property owners as far as moving ahead and 51 they have received specific directions on how to move forward on a Comp Plan 52 amendment. He believes the Commers do understand the process that would be required 53 to move forward and they are seeking the council view of the proposal. 54 55 Mr. Grochala mentioned that there is another development of a similar type proposed by 56 North Oaks Development that the council will be seeing in the next month or so. 57 58 2. American Legion Parking — Representatives of the American Legion on Lake 59 Drive were present to discuss parking issues. They have a long standing need to add to 60 their existing parking and it's coming down to a safety issue with cars sometimes needing 61 to park on Lake Drive. They are interested in the possibility of utilizing the city owned 62 land adjacent to the Legion facility. Extra parking is needed mostly for special events and 63 event nights and they would be responsible for monitoring that use and cleaning up. 64 65 The mayor confirmed that the city owns three acres next to the American Legion and it is 66 designated to be developed as commercial. If a temporary use is what is needed, that can 67 be discussed but if there are long term needs maybe the American Legion should think 68 about buying a piece of the city land. American Legion representatives suggested that 69 the cost may be prohibitive right now but suggest an option for them to purchase and in 70 the meantime allow them to use it for parking. 71 72 The mayor asked staff to respond on the possibility of allowing use of the land for 73 parking short term. Community Development Director Grochala suggested that a lease 74 agreement would be called for. That does raise the question of the need for 75 improvements to the property to meet city requirements (curb, gutter and blacktop). 76 Under a lease agreement responsibility for those improvements could fall to the city. 77 78 The idea of including the planned veterans' memorial at the site was mentioned. Mayor 79 Reinert remarked that locating the memorial near city hall is the architect's 80 recommendation. 81 82 There was discussion about the Fire Station parking next door to the Legion. The Legion 83 has been managing by using that parking when able and trying to be respectful that it is 84 parking for the fire station first. They hope that arrangement won't change after the 85 station is managed by the city's public safety division. 86 87 There was discussion about the possibility of a lease including associated costs. Mr. 88 Grochala suggested there would be land costs, the cost of improvements and taxes spread 89 out over a term. Based on the value of the land noted in 2011 when this issue was 2 CITY COUNCIL WORK SESSION November 2, 2015 DRAFT 90 discussed before and the figure $30,000 ($2.00 per square foot) was mentioned. The 91 Legion representatives said their parking need is in the area of 40 to 50 additional spaces. 92 93 Mayor Reinert asked Mr. Grochala for his best case scenario for getting parking. Mr. 94 Grochala said to set up a lease of property for parking with a city option to get the 95 property back if needed such as for development. There would be the question of 96 funding. Council Member Roeser remarked that it may not be the best option for the 97 Legion to have parking that could be taken back at any time by the city. 98 99 The mayor discussed the square footage that would be available minus the setbacks to 100 give the Legion an idea of the possibilities and cost. He sees that the Legion would have 101 the opportunity to grow its business with more parking. He is interested in solving this 102 for the Legion. Staff anticipates that the Legion will approach the city with their 103 proposal. 104 105 4a. Garage Variance at 6262 Otter Lake Road (no report attached) - City Planner 106 Larsen introduced the property owner and noted his contact with staff about construction 107 of a garage on this currently garage -less property. There is a variance on record to build 108 a certain size garage. There is a pad in place also but it was put in without a permit and it 109 does not meet with setback requirements. Historically there is an approval in place for a 110 certain size attached garage. At this time the property owner is interested in a different 111 variance to allow for a garage that would not conform to the approval already issued. 112 The council saw an overhead photo of the property in order to understand the owner's 113 request. The property owner explained that he has a garage ready-made and paid for to 114 install if he can get permission. There was discussion and arrangements for the garage at 115 the closing when he purchased the property, but he eventually found out that the garage 116 isn't permitted. The council discussed the location and condition of the existing pad 117 where the owner would like to place the garage. The owner added that the cost of the 118 garage that was prepaid at closing is non-refundable no matter what the situation. The 119 mayor suggested that there are details that can't be changed now and the question to the 120 council is what to do to move forward. 121 122 Staff is not recommending that the city vary from the setback. The mayor spoke on 123 behalf of the council in saying they really want to help work this out but there is no 124 apparent compromise. Legally the situation calls for the owner to put in a 20 by 20 125 attached garage. The mayor recommended that the owner check out the possibility of 126 working a deal for a different garage that would meet city requirements to understand the 127 costs involved. 128 129 4. Floodplain Ordinance Amendment — City Planner Larsen introduced Katy 130 Thompson of WSB and Associates who has worked on this project to update the city's 131 floodplain ordinance that was last updated in 1982. The updates are required by FEMA 132 to be in place by December 16, 2015. Ms. Thompson indicated the inclusion of new 133 flood plain maps that are updated and more consistent with FEMA standards and across 134 the nation. The ordinance itself gets into three different flood districts: floodway, flood 3 CITY COUNCIL WORK SESSION November 2, 2015 DRAFT 135 plain and flood fringe. There are currently no floodways in this city. There was review 136 of elevation changes, as requested by the mayor. 137 138 The update is required for the city to remain eligible for the FEMA flood insurance 139 program. The mayor asked to see a map of the whole city. Council Member 140 Kusterman asked if residents could be negatively impacted as far as flood insurance 141 premiums and Ms. Thompson said staff hasn't looked at that detail but generally it 142 impacts rates both going up and down; she added that there is an appeal process for 143 homeowners. Ms. Larsen added that communication with residents will be important. 144 145 The council concurred to consider 1St Reading of the ordinance at the next council 146 meeting. 147 148 3. Cedar Street Improvements (Road North of Clearwater Creek Development) 149 - Community Development Director noted the location of this portion of Cedar Street (on 150 the east side of the city bordering the City of Hugo). The street has appropriately been 151 included in capital improvement plans for reconstruction for quite some time. WSB has 152 put together some initial estimates on an improvement project and it is coming in around 153 $900,000. Some of that funding has been set aside and the rest would have to be covered 154 by municipal state aid, perhaps in year 2017. There will be additional development in 155 the area that could help with funding. 156 157 5. Business Issues — ADA and Commercial Recycling Law - Council Member 158 Roeser said he brought this forward because he'd heard about matters that have arisen in 159 some other cities where the ADA is being used to raise legal issues. He has brought 160 forward some information that could be adopted by the City in order to avoid some of 161 those difficulties. He pointed out that there are implications for airports of which there 162 are some in Lino Lakes. The mayor was supportive of the effort. 163 164 On the matter of commercial recycling, Mr. Karlson explained that the city's 165 Environmental Coordinator is on top of the matter and will be working with the city's 166 businesses on it. 167 168 6. Council Updates on Boards/Commissions - 169 170 Anoka County Fire Protection Council — Director Swenson reported that there was no 171 quorum present to adopt the budget so that will be rescheduled for December. 172 173 North Metro Telecommunications — Council Member Stoesz said that the city will be 174 considering a franchise agreement with Century Link in the very near future. He is 175 supportive. 176 177 7. Monthly Progress Report — No discussion 178 179 4 CITY COUNCIL WORK SESSION November 2, 2015 DRAFT 180 8. Review Regular Agenda 181 182 Lino Lakes Ambassadors Program — Council Member Roeser noted that the group is still 183 looking for storage for the float. The mayor suggested that Rick DeGardner be asked 184 about any available space in city facilities. 185 186 Centennial Fire District Quarterly Payments — Administrator Karlson reviewed the three 187 quarterly bills due to the district for fire services in 2015. There has simply been a delay 188 in getting the billing in place. The mayor asked about discussing the payment for services 189 from the District for that small portion of 2016 before the city takes over services and 190 Administrator Karlson said he will bring that up at the operations group after going over 191 the figures with the Public Safety Director. 192 193 2016 Fee Schedule — Finance Director Cotton explained that the schedule is coming 194 forward for l st Reading after having been circulated to staff; changes are highlighted in 195 the ordinance. 196 197 Beyond the Yellow Ribbon Community — Administrator Karlson explained progress in 198 efforts to have Lino Lakes designated as this type of community that provides support to 199 veterans and their families. 200 201 Joint Powers Agreement — West Cedar Street — City Engineer Hankee noted this follow 202 up item regarding maintenance of a joint street. There wasn't an agreement on cost 203 sharing. 204 205 The mayor requested an update on the Bald Eagle paving project. Ms. Hankee explained 206 how the project is being monitored and how punchlist items will be fully handled, even if 207 it is necessary to go into the spring. The mayor requested that residents receive full 208 communication on what will happen. 209 210 The meeting was adjourned at 9:15 p.m. 211 212 These minutes were considered, corrected and approved at the regular Council meeting held on 213 December 14, 2015. 214 215 216 217 218 Julianne Bartell, City Clerk Jeff Reinert, Mayor 219 5 COUNCIL SPECIAL WORK SESSION November 16, 2015 DRAFT CITY OF LINO LAKES MINUTES DATE : November 16, 2015 TIME STARTED : 6:05 p.m. TIME ENDED : 8:30 p.m. MEMBERS PRESENT : Council Member Stoesz, Kusterman, Roeser, Rafferty and Mayor Reinert MEMBERS ABSENT : none Staff members present: City Administrator Jeff Karlson; Finance Director Sarah Cotton; Community Development Director Michael Grochala; Public Services Director Rick DeGardner; City Clerk Julie Bartell 2016 Preliminary Budget Review — Finance Director Cotton reviewed new information: There will be a $9,000 revenue increase due to expansion of the New Creations Child Care Center into City storage space; There will be health care savings of approximately $35,000; - Savings of approximately $18,000 resulting from changes to a current employee position (removal of IT duties which will be shifted to direct assistance from Metro iNet). Administrator Karlson suggested that those savings totaling $62,000 could be used to lessen the use of fund reserves. Looking at several past discussions on a gap analysis, staff pointed out changes included from the council review on August 24 of $323,000 savings or revenue in 2015 budget. That and other reductions brought the gap down to $477,000 (using some Closed Bond Funds). At that point, the council decided to cover the first debt service payment for the fire facility through transfer from the CBF. Mr. Karlson noted that the current transfer from the Closed Bond Fund (CBF) is at about $1 million and would leave the fund under $1 million in balance. The mayor and the city administrator discussed what had been decided at previous meetings. The administrator felt that some items had just been discussed but not authorized to remove from the preliminary budget. The figures will have to be reviewed and decided again. Mayor Reinert noted the Parks program capital request of $40,000 for open air shelter and $35,000 for a pickleball court. The council concurred to not fund those capital items. The council reviewed with staff increases included in the Government Buildings line item, mainly related to landscaping on the island in front of city hall and costs for maintaining the old and new fire station facilities. 1 COUNCIL SPECIAL WORK SESSION November 16, 2015 DRAFT Within the Streets Department item, Director DeGardner explained a $20,000 increase proposed for street work; in his judgment it is an important increase, along with an additional temporary position to focus on maintenance along county right/of/way. No reductions were directed. The council reviewed the Office Equipment Fund with a balance of approximately $250,000 and an annual appropriation as well. The mayor suggested that with such a large balance, that may be overfunded. Administrator Karlson explained that there is the need to replace equipment and while some of that activity was delayed due to staff time constraints, there will be movement now and the funds are needed for projects like the meeting room upgrades, a phone system overdue to be upgraded, copier replacement and computer replacement. The council discussed reducing either the balance or the annual appropriation. The council concurred that the annual appropriation of $25,000 would not be included in 2016. Comprehensive Plan Funding was reviewed. Community Development Director Grochala explained plans to provide budgeted funds for the next few years in preparation of that plan work. No reduction was authorized. The mayor asked if there will be any change in the valuation projection. It is currently under one percent. Finance Director Cotton said it would most likely remain flat or decrease slightly due to valuation reductions. The General Fund contingency was discussed. Mayor Reinert suggested that it is funded at a level not normally required so he suggests cutting the $100,000 by half. Community Development Director Grochala pointed out that next year the city would normally be funding a city survey from that source (precedes the Comprehensive Plan). The $50,000 reduction was authorized. Council Member Rafferty asked about temporary employment line items that show up throughout the budget. Public Services Director DeGardner explained how temporaries are used within the environmental (tree work), solid waste (inter position offset by grant revenue), streets (seasonal street patching mainly), fleet (seasonal mechanic), parks (seasonal park maintenance workers) and recreation departments. That seasonal staff is a bargain for the city considering the wages paid. A recap of the status of the budget adjustments was attempted. The Finance Director explained that in order for the city to reach the tax capacity rate of 45.9%, the change in revenues or expenditures must total $1,011,590. Of that the debt service levy that the council has decided to fund from the CBF in the amount of $311,092 can be subtracted, for a new figure of $696,000. The mayor said from that comes $62,000 identified earlier, $75,000 from parks, office equipment fund $25,000, $50,000 each from two contingencies. The city fund reserve was discussed and the Finance Director projected the percentage at the end of 2015 would be 50% and 51% going through 2016. The mayor suggested appropriating $100,000 from the fund reserve. Council Member Roeser brought up the 2 COUNCIL SPECIAL WORK SESSION November 16, 2015 DRAFT matter of the city investment strategy. The city receives very little in investment income and he wonders about possible gains in that area. Ms. Cotton noted that her preliminary review of city investments indicates mainly short term investments and it may be possible to work in some longer term investments to increase revenue while still balancing risk. Mayor Reinert suggested that the city needs to bring in the investment manager from Anoka County because they have found a way to increase their investment income. Council Member Kusterman requested a list of the city investments along with a schedule of bond payoffs. There was an overall discussion about how the CBF fits into the budget picture. The exercise of reducing expenditures and increasing revenue figures in the budget are based on actual expenditures and revenues and the transfer from the CBF to provide funding cannot be exactly known at this point. The mayor said he sees the CBF as the last source and he will be doing more work before he gets to that fund. The meeting was adjourned at 8:30 p.m. These minutes were considered, corrected and approved at the regular Council meeting held on December 14, 2015. Julianne Bartell, City Clerk Jeff Reinert, Mayor 3 CITY COUNCIL WORK SESSION November 23, 2015 DRAFT DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : November 23, 2015 . 6:10 p.m. . 6:25 p.m. : Council Member Stoesz, Kusterman, Rafferty, Roeser and Mayor Reinert : None Staff members present: City Administrator Jeff Karlson; Public Services Director Rick DeGardner; Public Safety Director John Swenson; Finance Director Sarah Cotton; Community Development Director Michael Grochala; City Clerk Julie Bartell 1. Review Regular Council Agenda of November 23, 2015 — Item 1B) Resolution No. 15-135, Approving a Special Law 2015, Chapter 68 — Administrator Karlson reviewed his written report about the special legislation that was approved and that will allow firefighters from Centennial Fire District to transfer their fire pensions. The council suggested that the resolution should include an indication of when the transfer option will cease. Item 1C) Resolution No. 15-136, Authorizing the Public Safety Director to Implement a Transition Plan for Fire Services — Public Safety Director Swenson explained that a transition plan has been created in conjunction with the Centennial Fire District chief; the plan was also presented to the administrator's group. The plan establishes a time at which the city fire department will begin responding to all fire calls within the city. As of January 1, the Lino Lakes Fire Department will be the primary responder for fire calls but will be operating jointly with Centennial Fire until January 29. The plan also provides for an inventory period for all equipment coming into city possession. Item 2A) 2016 Fee Schedule Ordinance — Finance Director Cotton explained that this will be the second reading of the ordinance. She responded to questions posed by Council Member Stoesz relative to the possibility of obsolete charges, explaining why she doesn't recommend changes at this time. Item 4A) Resolution No. 15-132, Project Lifesaver Grant — Public Safety Director Swenson explained that the Lino Lakes Public Safety Department currently participates in the Project Lifesaver Program that serves families with members who benefit from having a bracelet locator. This grant would help families afford the purchase of equipment. Item 5A) Resolution No. 15-133, Water Tower #1 Reconditioning Project — Public Services Director DeGardner explained the request to authorize preparation of plans and 1 CITY COUNCIL WORK SESSION November 23, 2015 DRAFT 46 specifications for the project. The council reviewed the cost of engineering and also an 47 estimate of the actual project cost that exceeds $1 million. The age of the tower at 25 48 years dictates it's time for reconditioning. 49 50 The meeting was adjourned at 6:25 p.m. 51 52 These minutes were considered, corrected and approved at the regular Council meeting held on 53 December 14, 2015. 54 55 56 57 58 Julianne Bartell, City Clerk Jeff Reinert, Mayor 59 2 COUNCIL MINUTES November 23, 2015 DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : November 23, 2015 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:05 p.m. 8 MEMBERS PRESENT : Council Member Stoesz, Kusterman, Rafferty, 9 Roeser, and Mayor Reinert 10 MEMBERS ABSENT : none 11 12 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 13 Grochala; Finance Director Sarah Cotton; Public Services Director Rick DeGardner; City Engineer 14 Diane Hankee; Chief of Police John Swenson; and City Clerk Julie Bartell 15 16 SPECIAL CEREMONY 17 18 Oath of Police Service — Police Officer Jacob Swanson — Public Safety Director Swenson introduced 19 Officer Swanson and reviewed his background, including his education, experience in law 20 enforcement and current assignment. 21 22 Officer Swanson took the Oath from Mayor Reinert. 23 24 PUBLIC COMMENT 25 26 No one was present to address the council regarding a matter not on the agenda. 27 28 SETTING THE AGENDA 29 30 The agenda was approved as presented. 31 32 CONSENT AGENDA 33 34 Council Member Kusterman moved to approve the Consent Agenda, with Item 1B amended to add 35 one whereas clause indicating when the option will end. Council Member Roeser seconded the 36 motion. Motion carried on a voice vote. 37 38 ITEM ACTION 39 40 Consideration of Expenditures: 41 42 November 23, 2015 (Check No. 102622 43 102711, $242,924.36) Approved 44 45 1 COUNCIL MINUTES November 23, 2015 DRAFT 46 Resolution No. 15-135, Approving a Special Law 2015, 47 Chapter 68 Approved, as amended 48 49 Resolution No. 15-136, Authorizing the Public Safety 50 Director to Implement a Transition Plan for Fire Services Approved 51 52 FINANCE DEPARTMENT REPORT 53 54 2A) 2016 Fee Schedule, Consider 2nd Reading and Adoption of Ordinance No. 12-15, 55 Establishing the 2016 City Fee Schedule — Finance Director Cotton reviewed the written staff report 56 requesting 2nd Reading and adoption of the city's fee schedule for the coming year. Changes are 57 noted in red in the ordinance. 58 59 Council Member Kusterman moved to waive the full reading of Ordinance No. 12-15. Council 60 Member Rafferty seconded the motion. Motion carried on a voice vote. 61 62 Council Member Kusterman moved to approve the 2nd Reading and adoption of Ordinance No. 12-15 63 as presented. Council Member Roeser seconded the motion. Motion carried; Yeas, 5; Nays none. 64 65 Resolution No. 15-138, Approving a summary publication of Ordinance No. 12-15 66 67 Council Member Kusterman moved to approve Resolution No. 15-138 as presented. Council 68 Member Roeser seconded the motion. Motion carried on a voice vote. 69 70 ADMINISTRATION DEPARTMENT REPORT 71 72 There was no report from the Administration Department. 73 74 PUBLIC SAFETY DEPARTMENT REPORT 75 76 4A) Resolution No. 15-132, Accepting a Project Lifesaver Grant- Public Safety Director 77 Swenson explained that staff would like to accept grant funds that will assist the city in administering 78 the Project Lifesaver program. The grant funds would help families afford the equipment that helps 79 individuals who are in danger of wandering off. 80 81 Council Member Roeser complimented the Police Department on seeking grant funds; he'd like to 82 see more city divisions doing the same. 83 84 Council Member Rafferty moved to approve Resolution No. 15-132 as presented. Council Member 85 Stoesz seconded the motion. Motion carried on a voice vote. 86 87 4B) Public Safety Department Update — Public Safety Director Swenson offered the following 88 information: 89 - Transition Plan to Lino Lakes Fire Department — the plan was approved by the council earlier 90 on the agenda. It includes an inventory of equipment at Fire Station #1; 2 COUNCIL MINUTES November 23, 2015 DRAFT 91 - Personnel — the current group of firefighters in training at Century College is moving along 92 well and will be ready to join the force by January 1, 2016; 93 - Fire Gear — firefighters are receiving their gear and will receive SCBA delivery soon. 94 - Fire Station #2 — construction is moving ahead with inside work being completed. 95 96 PUBLIC SERVICES DEPARTMENT REPORT 97 98 5A) Resolution No. 15-133, Authorizing Preparation of Plans and Specifications for Water 99 Tower #1 Reconditioning Project — Public Services Director DeGardner reviewed his written report 100 regarding a project to recondition a city water tower that is approximately 25 years old. The 101 recommendation is to engage the firm KLM Engineering for the preparation of plans and 102 specifications, construction management and construction observation services. These are 103 preliminary activities in preparation for a project; a contract for the project itself would be coming 104 forward in the future for council consideration. He added that the wireless carrier antennae located 105 on the building will be removed during the project, at a cost to each carrier. The cost of the project 106 would be funded through the Water Operations Fund, an enterprise fund that is built through utility 107 charges and where there is funding available. When Mayor Reinert asked about bidding out this 108 work, Mr. DeGardner explained that he is recommending a firm based on experience and confidence 109 in their work. The city's contracted engineering firm, WSB and Associates, is also supportive of the 110 recommended contractor. 111 112 Council Member Kusterman moved to approve Resolution No. 15-133 as presented. Council 113 Member Roeser seconded the motion. Motion carried on a voice vote. 114 115 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 116 117 6A) Resolution No. 15-134, Approving Payment No. 9 and Final for the Construction of Well 118 No. 6 — City Engineer Hankee reviewed the written request to approve a final payment for the project. 119 120 Council Member Kusterman moved to approve Resolution No. 15-134 as presented. Council 121 Member Roeser seconded the motion. Motion carried on a voice vote. 122 123 6B) City Code Chapter 1103, Floodplain Management — 2nd Reading of Ordinance No. 10-15, 124 Amending the City Code, Chapter 1103 — Community Development Director Grochala explained 125 that the ordinance amends the city's flood plan regulations and updates them to coordinate with recent 126 FEMA mapping. The city has received the assistance of WSB and Associates in updating the 127 ordinance. The only changes from the first reading are non -substantive. 128 129 Council Member Roeser moved to waive the full reading of Ordinance No. 10-15. Council Member 130 Kusterman seconded the motion. Motion carried on a voice vote. 131 132 Council Member Kusterman moved to approve the 2nd Reading and Adoption of Ordinance No. 10-15 133 as presented. Council Member Roeser seconded the motion. Motion carried: Yeas, 5; Nays none. 134 135 Resolution No. 15-137, Approving Summary Publication of Ordinance No. 10-15. 3 COUNCIL MINUTES November 23, 2015 DRAFT 136 137 Council Member Kusterman moved to approve Resolution No. 15-137 as presented. Council 138 Member Roeser seconded the motion. Motion carried on a voice vote. 139 140 UNFINISHED BUSINESS 141 142 There was no Unfinished Business. 143 144 NEW BUSINESS 145 146 There was no New Business. 147 148 COMMUNITY EVENTS 149 150 SECRET HOLIDAY SHOPPING will be held at Lino Lakes City Hall on December 2 & 3 from 4:30 151 p.m. to 7:00 p.m. For more information call 651-982-2440 152 153 TOYS FOR JOY/CHRISTMAS COMMITTEE DROP OFF locations are located at Lino Lakes City 154 Hall and Police Department. Collection of toys and food for the upcoming holiday will serve folks 155 right here in our community. For more information, please contact Lisa Hogstad-Osterhues at 651- 156 982-2424. 157 158 COMMUNITY CALENDAR 159 160 161 162 163 164 165 166 167 168 169 170 ADJOURN 171 172 There being no further business, Council Member Rafferty moved to adjourn at 7:05 p.m. Council 173 Member Stoesz seconded the motion. Motion carried on a voice vote. 174 175 These minutes were considered and approved at the regular Council Meeting, December 7, 2015. 176 177 178 179 180 Julianne Bartell, City Clerk Jeff Reinert, Mayor 181 Community Calendar — A Look Ahead November 23, 2015 through December 14, 2015 14- Thursday, November 26 Holiday - City Hall Closed 4- Friday, November 27 Holiday - City Hall Closed 44- Thursday, December 3 8:00 am, Community Room EDAC - Monday, December 7 6:30 pm, Community Room Park Board 14- Monday, December 7 6:00 pm, Community Room Council Work Session 41- Wednesday, December 9 6:30 pm, Council Chambers Planning & Zoning - Monday, December 14 6:30 pm, Council Chambers City Council Meeting 4 COUNCIL SPECIAL WORK SESSION November 23, 2015 DRAFT CITY OF LINO LAKES MINUTES DATE : November 23, 2015 TIME STARTED : 7:15 p.m. TIME ENDED : 8:05 p.m. MEMBERS PRESENT : Council Member Stoesz, Kusterman, Roeser, Rafferty and Mayor Reinert MEMBERS ABSENT : none Staff members present: City Administrator Jeff Karlson; Finance Director Sarah Cotton; Community Development Director Michael Grochala; Public Safety Director John Swenson; Public Services Director Rick DeGardner; City Clerk Julie Bartell 2016 Budget Discussion- Administrator Karlson reviewed action items accepted by the council previously that reduce the amount that would be taken from the Closed Bond Fund. He added that $658,918 is the current gap. From that amount he suggested that staff could remove the seasonal mechanic position from the budget and explained that a maintenance worker is currently assisting with those duties so the cost of duties could be shifted, saving $25,000. Also, with fuel prices significantly down, a budget reduction of $20,000 for that line item is acceptable to staff. Mayor Reinert remarked that there were two contingency reductions that are not both listed here and that represents an additional $50,000. Administrator Karlson noted that Director Swenson will be asking the council to review additional information on the Fire Department contingency. Public Safety Director Swenson distributed a document from October 24, 2015 outlining the Fire Department contingency. He has also reviewed the audio from the council discussion at that time. The basis of the $125,000 contingency is a best estimate by staff and without real flexibility. The mayor suggested that there is probably some over- estimation within that budget and that is why he feels there could be some dollars to take from there. Chief Swenson further explained that items included in the contingency are budget needs but they are basically not reoccurring and were moved to contingency at the direction of the council and were no longer listed within the department budget. Mayor Reinert discussed the Office Equipment Fund. The fund balance is $250,000 with a $25,000 annual appropriation. If that fund balance is too high, he suggests reducing the balance as well as the appropriation. Administrator Karlson remarked that he would prefer that the council review an inventory of needs for that fund before reductions occur; there are real needs for those funds now and in the immediate future. The mayor suggested an annual appropriation change to $15,000 and a reduction in the fund balance of $100,000; the council concurred. Administrator Karlson remarked that the iPads that council members use to view meeting materials will be replaced soon and he wonders if there is a preference for change. Council Member Stoesz suggested that users should be allowed more flexibility in getting 1 COUNCIL SPECIAL WORK SESSION November 23, 2015 DRAFT the device and equipment that they need. Mayor Reinert concurred that technology changes and maybe something other than the iPad will work better for some. Mayor Reinert noted the additional $42,000 in revenue that the council identified previously; he does not see that indicated in the budget. He located notes from a previous meeting where that additional revenue was identified. At this point, the council noted the following changes: - $50,000 reduction in Fire Department contingency; - $90,000 from Office Equipment fund; - $20,000 reduction in fuels (Fleet); - $25,000 for fund shift for cost of part-time mechanic; - $42,000 additional revenue. Mayor Reinert identified a remaining gap of $130,672 and he suggests that responsibility for identified revenue or expenditure changes in that amount be apportioned to departments based on their budget percentage. Administrator Karlson remarked that he has determined that the organization needs a full time human resources person and he proposes that position be added in lieu of the Assistant Administrator position originally included in the budget. Along with that he anticipates continuing the scanner tech position for another six months into 2015 and possibly other adjustments that he will outline at the December work session. Mayor Reinert reiterated that he would like the department directors to identify a solution for the remaining gap ($130,672). There is time to finalize the figures so staff can work on that goal and the council can have more discussion as necessary. Finance Director Cotton reviewed the figures: $50,000 from the Fire Department contingency; $20,000 savings in fuel; $25,000 part time mechanic cost shift; $90,000 from the IT equipment fund; $315,000 from the EDA Lease Revenue bond debt service payment; $42,000 in identified revenue or expenditure changes. The meeting was adjourned at 8:05 p.m. These minutes were considered, corrected and approved at the regular Council meeting held on December 14, 2015. Julianne Bartell, City Clerk Jeff Reinert, Mayor 2 COUNCIL MINUTES November 9, 2015 DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : November 9, 2015 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 7:30 p.m. 8 MEMBERS PRESENT : Council Member Stoesz, Kusterman, 9 Roeser, and Mayor Reinert 10 MEMBERS ABSENT : Council Member Rafferty 11 12 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 13 Grochala; City Engineer Diana Hankee; Finance Director Sarah Cotton; Public Services Director Rick 14 DeGardner; Chief of Police John Swenson; and City Clerk Julie Bartell 15 16 PUBLIC COMMENT 17 18 No one was present to address the council regarding a matter not on the agenda. 19 20 SETTING THE AGENDA 21 22 The agenda was amended to add a special presentation from the Lino Lakes Ambassadors. 23 24 SPECIAL PRESENTATION 25 26 Lino Lakes Ambassadors — Introduction of 2015-2016 Ambassadors 27 28 CONSENT AGENDA 29 30 Council Member Kusterman moved to approve Consent Agenda Items 1A, 1D and 1 E, as presented. 31 Council Member Stoesz seconded the motion. Motion carried on a voice vote. 32 33 Council Member Stoesz moved to approve Consent Agenda Items 1B and 1C as presented. Council 34 Member Roeser seconded the motion. Motion carried on a voice vote; Council Member Kusterman 35 abstained. 36 37 ITEM ACTION 38 39 Consideration of Expenditures: 40 41 November 9, 2015 (Check No. 102533 — 42 102621, $948,473.59) Approved 43 44 Centennial Fire District (Check No. 7183- 45 7194, $5,694.64) Approved 1 COUNCIL MINUTES November 9, 2015 DRAFT 46 47 October 26, 2015 Council Work Session 48 Minutes Approved 49 50 October 26, 2015 City Council Meeting 51 Minutes Approved 52 53 City Expenditure: Check #102455 for Centennial 54 Fire District Approved 55 56 Application for Exempt Permit for Lawful Gambling 57 Conducted by Knights of Columbus #9905 Approved 58 59 FINANCE DEPARTMENT REPORT 60 61 2A) Consider First Reading of Ordinance No. 12-15, Establishing the 2016 City Fee Schedule 62 - Finance Director Cotton reviewed her written report requesting approval of the 1st reading of 63 Ordinance No. 12-15, the city fee schedule for 2016. The changes recommended by staff are 64 highlighted in the ordinance. 65 66 Council Member Stoesz noted that he's seen other cities include a fee for special council meetings, 67 such as a case when a meeting is called for a specific action that benefits one person. He had asked 68 staff about adding that to the Lino Lakes schedule. Ms. Cotton responded that, in checking with other 69 cities, that type of fee is rarely used. Mayor Reinert suggested, if it becomes necessary, the city can 70 add it. 71 72 Council Member Stoesz said he has also asked staff to look at cleaning up the schedule and removing 73 obsolete items such as copying of books. Also he suggests a higher cost for color copies than black 74 and white. Staff will investigate. 75 76 Council Member Stoesz moved to approve the 1st Reading of Ordinance No. 12-15, with a direction 77 that staff review certain fees before the council considers 2nd reading. Council Member Roeser 78 seconded the motion. Motion carried on a voice vote. 79 80 ADMINISTRATION DEPARTMENT REPORT 81 82 3A) Resolution No. 15-129, Supporting Lino Lakes as a Beyond the Yellow Ribbon 83 Community — Administrator Karlson explained that the resolution supports the city becoming a 84 community designated as Yellow Ribbon, meaning there is extra support available to military families 85 through awareness and connections to services. A group of leaders from the community, including 86 council members, have already met kicking off the process and gaining support. 87 88 Council Member Kusterman asked how people can learn more about the program. Administrator 89 Karlson explained that it's early in the process for this city but more information will be coming 90 down the line. Mayor Reinert added that the program brings community organizations together to 2 COUNCIL MINUTES November 9, 2015 DRAFT 91 help military families because when someone is deployed, families sometimes need that help. The 92 City of Hugo has been participating for some time. Mayor Reinert said he's happy to have the 93 involvement of so many including the American Legion, the Rotary, Anoka County Commissioner 94 Sivarajah and others. He suggests that if people want to be involved, people can contact him or the 95 American Legion to speak with the co-chairs there. 96 97 Council Member Kusterman moved to approve Resolution No. 15-129 as presented. Council 98 Member Roeser seconded the motion. Motion carried on a voice vote. 99 100 3B) Appointment of Recreation Supervisor — Administrator Karlson said the council is being 101 asked to approve the appointment of Megan Brang to this open position. He briefly outlined the 102 application and hiring process. 103 104 Council Member Stoesz suggested that he wants to understand how much activity is involved in this 105 position, especially with the winter months upon us; perhaps a delayed hiring would be appropriate. 106 Director DeGardner remarked that the council was informed in a Council Update that this position 107 would be filled. He explained that the position is very necessary and there has been difficulty getting 108 things done since Ms. Mozingo vacated the position — there are a lot of upcoming events. The mayor 109 suggested that the council receive more information from staff on the duties of this position. Council 110 Member Roeser suggested that he would have preferred to discuss filling the position and the duties 111 of the position at a work session; there may be other ways to accomplish the work. Council Member 112 Stoesz suggested a future work session discussion about the common work of the YMCA and the 113 Parks and Recreation Division and how volunteers can be brought in. Mayor Reinert suggested that 114 the council receive more information also on the entire Parks and Recreation Program. Council 115 Member Roeser suggested also that a policy be explored that allows the council to look at vacant 116 positions before the hiring process begins. 117 118 Council Member Kusterman moved to approve the hiring of Megan Brang as recommended. Council 119 Member Roeser seconded the motion. Motion carried on a voice vote. 120 121 PUBLIC SAFETY DEPARTMENT REPORT 122 123 4A) Public Safety Department Update- Public Safety Director Swenson reported on the 124 following: 125 Fire Station #2 — the construction of the station is finishing up and will be mostly done by 126 November 23 and on track to meet substantial completion for take over on December 4. 127 Fire Personnel — there are 32 fully certified firefighters and seven additional in the training 128 process; ongoing training of staff continues with weekly sessions; 129 Turn Out Gear — will be issured to firefighters next month and SCBA following shortly 130 thereafter; 131 Fire Event — Current staff responded to a recent fire in the city and was able to use a fire 132 extinguisher and garden hose to put out a lawn mower fire before the fire department 133 responded. 134 3 COUNCIL MINUTES November 9, 2015 DRAFT 135 Mayor Reinert offered praise to the Chief for his work and to the firefighters. He noted that the 136 ambulance service that serves the city may be locating a vehicle at the new station on occasion. 137 138 PUBLIC SERVICES DEPARTMENT REPORT 139 140 There was no report from the Public Services Department. 141 142 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 143 144 6A) Resolution No. 15-128, Adopting Assessments, 2015 Individual Property Which 145 Requested Connection to City Utilities — City Engineer Hankee reported that the resolution would 146 add one individual property to the list for assessing the cost of connection to city utilities, at the 147 request of the property owner. 148 149 Council Member Kusterman moved to approve Resolution No. 15-128 as presented. Council 150 Member Roeser seconded the motion. Motion carried on a voice vote. 151 152 6B) 2nd Reading of Ordinance No. 11-15, Vacating Drainage and Utility Easement, Outlot C 153 and Outlot D of NorthPointe — Community Development Director Grochala presented the ordinance 154 for 2nd Reading and adoption. The ordinance deals with overlapping easements and will clear the title 155 for the property, at the request of the developer. Staff is supportive of the change. 156 157 Council Member Kusterman moved to waive the full reading of Ordinance No. 11-15. Council 158 Member Roeser seconded the motion. Motion carried on a voice vote. 159 160 Council Member Kusterman moved to approve the 2nd Reading and Adoption of Ordinance No. 11-15 161 as presented. Council Member Roeser seconded the motion. Motion carried: Yeas, 4; Nays none. 162 Council Member Rafferty was absent. 163 164 6C) Consider 1st Reading of Ordinance No. 10-15, Amendment to Chapter 1103: Floodplain 165 Management — Katy Thompson, WSB and Associates, reviewed the written report. She noted that 166 the report includes a summary of proposed changes to the ordinance language and that the changes 167 have been reviewed by city staff and the Planning and Zoning Board. The reason that the language 168 should be updated is that FEMA has updated certain standards. 169 170 The mayor asked about the standard of changes. Ms. Thompson explained that the DNR has defined 171 a floodplain differently but it isn't a change in delineation. The mayor asked if the regulations will be 172 more encumbering for building and property owners and Ms. Thompson said no. 173 174 Council Member Kusterman asked if the regulations will in any way prevent people from challenging 175 FEMA on their determinations and Ms. Thompson said no and in fact the appeal process to FEMA 176 remains intact and further individuals wouldn't be able to purchase flood insurance from FEMA if the 177 city's ordinance language isn't updated. 178 4 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 COUNCIL MINUTES November 9, 2015 DRAFT Council Member Roeser moved to approve the 1St Reading of Ordinance No. 10-15 as presented. Council Member Kusterman seconded the motion. Motion carried on voice vote. 6D) Resolution No. 15-120, Approving the Joint Powers Agreement between the City of Lino Lakes and the City of Centerville regarding Maintenance of West Cedar Street — City Engineer Hankee explained that the joint powers agreement relates to maintenance on a certain area of Cedar Street. Council Member Kusterman moved to approve Resolution No. 15-120 as presented. Council Member Stoesz seconded the motion. Motion carried on a voice vote. 6E) Resolution No. 15-130, Amending Special Assessments, NorthPointe Development — City Engineer Hankee explained that staff is requesting an amendment to a previous assessment action adding parcels that prepaid. The updated assessment roll is included in the report. Council Member Roeser moved to approve Resolution No. 15-130 as presented. Council Member Kusterman seconded the motion. Motion carried on a voice vote. 6F) Resolution No. 15-131, Adopting Special Assessment, Isabell Estates — City Engineer Hankee reported that the resolution provides for assessment for the Isabell Estates project. Council Member Roeser moved to approve Resolution No. 15-131 as presented. Council Member Stoesz seconded the motion. Motion carried on a voice vote. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS There was no New Business. COMMUNITY EVENTS MONTHLY RECYCLE DAY will be held at Lino Park (7850 Lake Drive) on Saturday, November 21 from 10:00 a.m. to 2:00 p.m. See city website for a list of accepted items. COMMUNITY CALENDAR Community Calendar — A Look Ahead November 9, 2015 through November 22, 2015 14- Monday, November 23 6:00 pm, Community Room Council Work Session Monday, November 23 6:30 pm, Council Chambers City Council Meeting 5 COUNCIL MINUTES November 9, 2015 DRAFT 224 225 ADJOURN 226 227 There being no further business, Council Member Kusterman moved to adjourn at 7:30 p.m. Council 228 Member Stoesz seconded the motion. Motion carried on a voice vote. 229 230 These minutes were considered and approved at the regular Council Meeting, December 7, 2015. 231 232 233 234 235 Julianne Bartell, City Clerk Jeff Reinert, Mayor 236 6 CANVASSING BOARD MEETING November 9, 2015 DRAFT CITY OF LINO LAKES 2 MUNICIPAL CANVASSING BOARD 3 MINUTES 4 5 DATE : November 9, 2015 6 TIME STARTED : 6:25 p.m. 7 TIME ENDED : 6:27 p.m. 8 MEMBERS PRESENT : Council Member Stoesz, Kusterman, 9 Roeser and Mayor Reinert 10 MEMBERS ABSENT : Council Member Rafferty 11 12 Staff members present: City Clerk Julie Bartell 13 14 2015 Election Results: Consider acceptance of municipal canvassing board report 15 declaring the results of the November 3, 2015 municipal election — City Clerk Bartell 16 advised that the results of the recent election as it relates to the election of two council 17 and one mayor position were distributed in the packet. The city council is required by 18 law to certify the results and sign the canvassing document as accurate. 19 20 A motion by Council Member Kusterman, seconded by Council Member Roeser, to 21 approve the Returns of the November 3, 2015 Municipal Election as presented was 22 adopted on a voice vote; Council Member Rafferty was absent. 23 24 The meeting was adjourned at 6:27 p.m. 25 26 These minutes were considered, corrected and approved at the regular Council meeting held on 27 December 14, 2015. 28 29 30 31 32 Julianne Bartell, City Clerk Jeff Reinert, Mayor 33 STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: INTRODUCTION CITY COUNCIL AGENDA ITEM 1I Keith M Dahl, Community Development Intern December 14, 2015 Consider Resolution No. 15-140, Extension of Time for the Submittal of the Planned Unit Development Final Plan/Final Plat, Century Farm North 6th Addition 3/5 Gary Uhde of Century Farm North Development, Inc., the developer of Century Farm North, is requesting a six month extension for submittal of the PUD Final Plan/Final Plat for Century Farm North 6th Addition. BACKGROUND On July 28, 2014 the City Council passed Resolution No. 14-43 approving an amendment to the PUD Development Stage Plan/Preliminary Plat for Century Farm North, a residential subdivision. On February 9, 2015, the developer submitted an application for PUD Final Plan/Final Plat for Century Farm North 6th Addition. The Planning & Zoning Board reviewed and made recommendation of approval on March 11, 2015. The developer then requested the PUD Final Plan/Final Plat not be presented to City Council until further notice in order to secure financing. On May 11, 2015 City Council approved a six month extension for the PUD Final Plan/ Final Plat for Century Farm North 6th Addition. The developer has requested an additional six month extension for submittal of the PUD Final Plan/ Final Plat. The City's zoning and subdivision ordinance requires a complete application for PUD Final Plan/Final Plat be submitted no later than one year after the date of approval of the preliminary plat (July 2015). The City Council may grant a 6 month extension upon request of the developer. Although the developer technically submitted a complete application within the one year deadline, City Council approval will extend the deadline. RECOMMENDATION Staff recommends approval of Resolution No. 15-140 granting a 6 month extension until July 31, 2016 for submittal of the PUD Final Plan/Final Plat for Century Farm North 6th Addition. ATTACHMENTS 1. Resolution No. 15-140 2. Developer Letter 1 CITY OF LINO LAKES RESOLUTION NO. 15-140 RESOLUTION APPROVING AN EXTENSION OF TIME FOR THE SUBMITTAL OF THE PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAN/FINAL PLAT FOR CENTURY FARM NORTH 6TH ADDITION WHEREAS, review and approvals of plats are governed by Minnesota Statutes and City of Lino Lakes ordinances; and WHEREAS, an amendment to the PUD Development Stage Plan/Preliminary Plat for Century Farm North was approved by the City Council on July 28, 2014 with Resolution No. 14-43; and WHEREAS, an extension of time for the submittal of the Planned Unit Development Final Plan/ Final Plat for Century Farm North 6th Addition was approved by the City Council on May 11, 2015 with Resolution No. 15-47; and WHEREAS, the city's zoning and subdivision ordinance requires the PUD Final Plan/Final Plat be submitted within one year after approval of the PUD Development Stage Plan/Preliminary Plat; and WHEREAS, the developer submitted an application for PUD Final Plan/Final Plat within one year after the date of approval of the PUD Development Stage Plan/Preliminary Plat but then requested the application not be presented to the City Council; and WHEREAS, the developer has requested the city to extend the time allowed for submittal of a PUD Final Plan/Final Plat; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes, 1. The PUD Final Plan/Final Plat for Century Farm North 6th Addition shall be submitted by July 31, 2016 unless an additional extension is granted by the City Council. 2. All conditions of approval for Resolution No. 14-43 will continue to apply to the site. Adopted by the Council of the City of Lino Lakes this 14th day of December, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell, City Clerk 1 Jeff Reinert, Mayor CENTURY FARM NORTH DEVELOPMENT, INC. 3157 Berwick Knoll Brooklyn Park, Minnesota 55443 Office: 763-424-8559 • Cell: 612-865-0300 EFax: 763-201-7937 Noirrmber 19, 2015 Katie Larsen, City Planner City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Re: Century Farm North, 6th Addition - Final Plat Dear Katie, This letter will serve as my official request for an extension of the final plat approval for Century Farm North 6th Addition. Please notify me of any additional information you will need. Let me know if you have any Sincerely, Gary Uhde Century Farm North (763) 424-8559 (office) (612) 865-0300 (cell) glnUilcie@j iiiai?.COI=; STAFF ORIGINATOR: MEETING DATE: TOPIC: CITY COUNCIL AGENDA ITEM 1J Keith M Dahl, Community Development Intern December 14, 2015 Consider Resolution No. 15-139, Extension of Time for Conditional Use Permit, Morell Borrow Pit VOTE REQUIRED: 3/5 INTRODUCTION On September 14, 2015 the City Council approved the Morell Borrow Pit Excavation, including: • A Conditional Use Permit (CUP) for earth moving/ borrow pit at 7860 Sunset Avenue (Resolution No. 15-91); and • A Development Agreement for site grading for the Morell Borrow Pit and Century Farm North 6th Addition (Resolution No. 15-92) Staff is requesting City Council consideration for approval of an extension for Morell Borrow Pit until December 31, 2016. BACKGROUND On July 9, 2015 Jeff Morell submitted a Land Use Application for a conditional use permit for earth moving/borrow pit excavation on his 2 parcels located at 7860 Sunset Avenue (PID #07- 31-22-23-0005 and #07-31-22-23-0006). Approximately 1.1 acres will be disturbed excavating 9,500 cubic yards (950 loads) of granular material. The material excavated from the borrow pit will be used for fill in Century Farm North 6th Addition, a 29 lot single family residential development. Excavation was anticipated to operate for 3-6 weeks, however due to operational delays no granular material has been removed to date. The grading shall remain compliant with the approved grading plans for Century Farm North 6th Addition. RECOMMENDATION Staff recommends approval of Resolution No. 15-139, an extension of time for the conditional use permit for earth moving/ borrow pit excavation at 7860 Sunset Avenue. ATTACHMENTS 1. Resolution No. 15-139 1 CITY OF LINO LAKES RESOLUTION NO. 15-139 RESOLUTION APPROVING AN EXTENSION OF TIME FOR THE CONDITIONAL USE PERMIT FOR EARTH MOVING/BORROW PIT EXCAVATION AT 7860 SUNSET AVENUE WHEREAS, the City Council approved an amendment to the PUD Development Stage Plan/Preliminary Plat for Century Farm North that includes grading, drainage and erosion control plans with Resolution No. 14-43 on July 28, 2015; and WHEREAS, the City Council approved the conditional use permit for earth moving/borrow pit at 7860 Sunset Avenue as related to Century Farm North 6th Addition with Resolution No. 15-91 on September 14, 2015; and WHEREAS, the City Council approved the Development Agreement for site grading for earth moving/borrow pit excavation and Century Farm North 6th Addition with Resolution No. 15-92 on September 14, 2015; and WHEREAS, the developer has requested the city to extend the time allowed for the Conditional Use Permit (CUP); and NOW, THEREFORE BE IT RESOLVED that the City of Lino Lakes does hereby grant an extension of time for the Conditional Use Permit for earth moving/ borrow pit excavation at 7860 Sunset Avenue. BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes, 1. The Development Agreement for site grading dated September 29, 2015 is amended to extend the deadline of earth moving/ borrow pit excavation to December 31, 2016. 2. All conditions approved by Resolution No. 15-91 will continue to apply to the site. Adopted by the Council of the City of Lino Lakes this 14th day of December, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell, City Clerk 1 Jeff Reinert, Mayor STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND CITY COUNCIL AGENDA ITEM 1K Sarah Cotton December 14, 2015 Consider Resolution No. 15-147, Authorizing an Interfund Loan from the Municipal Buildings and Facilities Fund to the 2005A G.O. Improvement Debt Service Fund 3/5 As the City Council is aware, the property for the Legacy at Woods Edge project went tax forfeit in 2010. As such, delinquencies in the collection of special assessments levied against the property have been unpaid and, in fact, the assessments have been de -certified. The special assessments financed the installation of public improvements in the development and were needed to service the outstanding debt on those improvements. Due to the delinquency of special assessments on the developed parcels, a cash deficit now exists in the debt service fund. Since 2008 staff has recommended that interfund loans be authorized at necessary intervals to service the outstanding debt until the delinquent special assessments are collected or until alternative financing solutions are available, at which time the loans will be repaid. Most recently the Municipal Buildings and Facilities fund has been the source of the interfund loans. Special legislation approved in 2011 allows the city to use tax increments from TIF District 1- 10 toward the retirement of this debt, reducing the burden on the Municipal Buildings and Facilities fund. Resolution No. 15-147 authorizes an interfund loan from the Municipal Buildings and Facilities Fund to the 2005A G.O. Improvement Debt Service Fund to temporarily service the unfunded outstanding debt and eliminate the existing cash deficit. RECOMMENDATION Staff recommends the approval of Resolution No. 15-147. ATTACHMENTS Resolution No. 15-147, Authorizing an Interfund Loan from the Municipal Buildings and Facilities Fund to the 2005A G.O. Improvement Debt Service Fund CITY OF LINO LAKES RESOLUTION NO. 15-147 RESOLUTION AUTHORIZING AN INTERFUND LOAN FROM THE MUNICIPAL BUILDINGS AND FACILITIES FUND TO THE 2005A G.O. IMPROVEMENT DEBT SERVICE FUND WHEREAS, the 2005A G.O. Improvement Debt Service Fund currently has a cash deficit due to delinquencies in the collection of special assessments, and WHEREAS, an interim source of financing is necessary to service the outstanding debt, and WHEREAS, it is staff's recommendation that an interim interfund loan be made from the Municipal Buildings and Facilities Fund until the delinquent special assessments are collected or an alternative financing source is established, at which time the interfund loan will be repaid. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes, that the following interfund loan be authorized and recorded effective December 31, 2015: 2005A G.O. Imp Fund (327) Increase $382,000.00 Decrease Municipal Bldgs & Facilities Fund (401) $382,000.00 Adopted by the Council of the City of Lino Lakes this 14th day of December, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 1L STAFF ORIGINATOR: Sarah Cotton MEETING DATE: December 14, 2015 TOPIC: Consider Resolution No. 15-148, Approving Transfers for Partial Installment Payment on Interfund Loan for Recreation Complex Land VOTE REQUIRED: 3/5 BACKGROUND The City Council approved Resolution No. 06-212 providing for the repayment of the interfund loan for the Recreation Complex land. The attached Resolution No. 15-148 approves the transfers necessary to make the 2015 installment of the approved repayment program. RECOMMENDATION Staff recommends the approval of Resolution No. 15-148. ATTACHMENTS Resolution No. 15-148, Approving Transfers for Partial Installment Payment on Interfund Loan for Recreation Complex Land CITY OF LINO LAKES RESOLUTION NO. 15-148 RESOLUTION APPROVING TRANSFERS FOR PARTIAL INSTALLMENT PAYMENT ON INTERFUND LOAN FOR RECREATION COMPLEX LAND WHEREAS, in 1999 the City purchased land for the purpose of creating a recreation complex, and WHEREAS, a temporary interfund loan was made from the Area and Unit Fund (406) to the Dedicated Parks Fund (405) for the purchase of said land, and WHEREAS, the City Council approved Resolution No. 06-212 providing for a plan to repay the interfund loan from the General Fund and Dedicated Parks Fund. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes, that the following transfers are approved to pay the 2015 installment on the Recreation Complex Interfund Loan: From To Amount General Fund Dedicated Parks Fund $50,000.00 Dedicated Parks Fund Area and Unit Fund $100,000.00 Adopted by the Council of the City of Lino Lakes this 14th day of December, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk STAFF ORIGINATOR: MEETING DATE: TOPIC: AGENDA ITEM 1M Lisa Hogstad-Osterhues, Deputy Clerk December 14, 2015 Approve Application for Aquinas Roman Catholic Home Education Services to Conduct Excluded Bingo Event VOTE REQUIRED: Simple Majority (3/5 Vote Required) INTRODUCTION The City has received an application from the Aquinas Roman Catholic Home Education Services (ARCHES) organization to conduct an excluded bingo event at St. Joseph's Church, 171 Elm Street, Lino Lakes on January 9, 2016. BACKGROUND Under Minnesota Statutes, Section 349.166, excluded bingo may be conducted by an organization that conducts four or fewer bingo occasions in a calendar year, or in connection with a county fair, the state fair, or a civic celebration if it is not conducted for more than 12 consecutive days. The Aquinas Roman Catholic Home Education Services organization meets this requirement. The organization also meets the requirements of the Lino Lakes City Code since the physical site where the organization regularly conducts its activities is located within the city (St. Joseph's Church). City policy requires a background investigation on the applicant (James Kostick) which staff has submitted to the police department. The Application and a certificate of non-profit status from the Internal Revenue Service are on file in the city clerk's office. RECOMMENDATION Approve the application for the Aquinas Roman Catholic Home Education Services (ARCHES) to conduct an Excluded Bingo Event contingent upon the background. CITY COUNCIL AGENDA ITEM 2A(i) STAFF ORIGINATOR: Sarah Cotton MEETING DATE: December 14, 2015 TOPIC: Consider Resolution No. 15-141, Adopting the Final 2015 Tax Levy, Collectible in 2016 VOTE REQUIRED: 3/5 BACKGROUND Minnesota State Statutes require the City of Lino Lakes to adopt and certify a final 2015 tax levy, collectible in 2016 on or before December 28th. The total levy includes dollars for the general operating budget as well as dollars for special levies for tax abatement and bonded indebtedness. The levy provides resources for City operations, capital outlay and equipment replacement, street and storm drainage maintenance and a contingency for unforeseen emergencies. The levy also includes voter -approved levies of $178,749 to service debt for the Birch/Ware and Lake/Main intersection signalization projects and $214,922 to service debt for the Shenandoah Street Reconstruction project. The total proposed tax levy for 2015/16 is $9,058,428, which is equal to the preliminary levy adopted in September. The proposed levy represents an increase of $372,356 from the 2014/15 tax levy. The tax rate is estimated to increase for 2016 from 43.770% to 45.900%. A public hearing was held on the tax levy for this evening. Tax levy information was presented and discussed during the public hearing and public testimony was received. The City Council needs to take fmal action on the tax levy at this time. RECOMMENDATION Staff recommends the approval of Resolution No. 15-141. ATTACHMENTS Resolution No. 15-141, Adopting the Final 2015 Tax Levy, Collectible in 2016 CITY OF LINO LAKES RESOLUTION NO. 15-141 RESOLUTION ADOPTING THE FINAL 2015 TAX LEVY, COLLECTIBLE IN 2016 WHEREAS, the City of Lino Lakes has budgeted to pay expenditures for General Fund operating costs anticipated in the year 2016, and WHEREAS, the City of Lino Lakes has budgeted to pay the annual debt service on outstanding indebtedness, and WHEREAS, the City Council adopted its preliminary 2015 tax levy, collectible in 2016, in anticipation of the above expenses, and WHEREAS, the City Council has published in the official newspaper all notices required by Minnesota State Statutes and the City Charter, and WHEREAS, the City Council held its public hearing on December 14, 2015. NOW, THEREFORE BE IT RESOLVED that The City Council of The City of Lino Lakes, approves its final 2015 tax levy, collectible in 2016, upon taxable property within the City of Lino Lakes as follows: 1. Total amount levied in the year 2015 to be spread for taxes due and payable in the year 2016 is $9,058,428. 2. The total amount levied above is for the following purposes: General Operating Levy $7,018,572 Bonded Indebtedness G.O. Tax Abatement Bond 2006C 278,140 G.O. CIP Refunding Bond 2006E 460,110 G.O. Bond 2012A 178,749 G.O. Bond 2015A 271,963 Equipment Certificates 2013 68,933 Equipment Certificates 2014 178,868 Equipment Certificates 2015A 72,240 Equipment Certificates 2015B 214,921 EDA Lease/Revenue Bond 2015 315,932 Total Bonded Indebtedness: 2,039,856 TOTAL LEVIES $9,058,428 Adopted by the Council of the City of Lino Lakes this 14th day of December, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 2A(ii) STAFF ORIGINATOR: Sarah Cotton MEETING DATE: December 14, 2015 TOPIC: Consider Resolution No. 15-142, Adopting the Final 2016 General Fund Operating Budget VOTE REQUIRED: 3/5 BACKGROUND Minnesota State Statutes require the City of Lino Lakes to adopt and certify a final 2015 tax levy, collectible in 2016 on or before December 28th. A public hearing was held tonight to take public comment on the budget. A summary of the proposed budget and tax levy was presented and discussed during the public hearing. The fmal 2016 budget represents a 0.77% increase from the 2015 adopted budget. The budget includes resources for on-going city operations, capital outlay and equipment replacement, and the addition of two staff positions (1 patrol officer and 1 inspector). A contingency for unforeseen circumstances is also included in the budget. Accumulated General Fund Reserves, a transfer from the Office Equipment Revolving Fund, and the use Closed Bond Fund proceeds are being used to balance the budget. The City Council needs to take fmal action to approve the budget at this time. RECOMMENDATION Staff recommends the approval of Resolution No. 15-142. ATTACHMENTS Resolution No. 15-142, Adopting the Final 2016 General Fund Operating Budget CITY OF LINO LAKES RESOLUTION NO. 15-142 RESOLUTION ADOPTING THE FINAL 2016 GENERAL FUND OPERATING BUDGET WHEREAS, pursuant to Minnesota State Statute, the Lino Lakes City Council is required to adopt a resolution setting out final General Fund revenues and expenditures for the upcoming fiscal year. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes, that the following final General Fund operating budget be adopted for 2016: 2016 FINAL GENERAL FUND BUDGET REVENUES: Property Taxes $7,123,572 Intergovernmental Revenue 655,000 Licenses & Permits 491,983 Charges for Services 309,550 Fines & Forfeitures 150,500 Interest on Investments 30,000 Miscellaneous 1,115,889 TOTAL FINAL GENERAL FUND REVENUES $9,876,494 EXPENDITURES: Administration $1,288,187 Community Development 758,040 Public Safety 4,407,187 Public Services 2,758,080 Other 665,000 TOTAL FINAL GENERAL FUND EXPENDITURES $9,876,494 Adopted by the Council of the City of Lino Lakes this 14th day of December, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 2A(iii) STAFF ORIGINATOR: Sarah Cotton MEETING DATE: December 14, 2015 TOPIC: Consider Resolution No. 15-143, Adopting the 2016 Water and Sewer Operating Budgets VOTE REQUIRED: 3/5 BACKGROUND The City Council reviewed the proposed 2016 Water and Sewer Operating Budgets at the December 7th City Council Work Session. The budgets include the cost of depreciation of infrastructure as an expense, and recovery of this cost is incorporated into the utility rate structure. It has been the practice of the City Council to adopt the Water and Sewer Operating Budgets by resolution. RECOMMENDATION Staff recommends the approval of Resolution No. 15-143. ATTACHMENTS Resolution No. 15-143, Adopting the 2016 Water and Sewer Operating Budgets CITY OF LINO LAKES RESOLUTION NO. 15-143 RESOLUTION ADOPTING THE 2016 WATER AND SEWER OPERATING BUDGETS WHEREAS, the City Council has reviewed the proposed 2016 Water and Sewer Operating Budgets during their budget work sessions, and WHEREAS, the City Council each year adopts the Water and Sewer Operating Budget by resolution. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes, that the following Water and Sewer Operating Budgets for the year 2016 are hereby adopted: Operating Revenues Transfers 2016 Water Operating Budget 2016 Sewer Operating Budget $1,073,425 $1,673,000 - 0- -0- Total Revenues & Transfers $1,073,425 $1,673,000 Operating Expenses Debt Service Total Expenses Revenues/Transfers over/ Under Expenses Use of Fund Surplus $2,745,440 $1,913,852 - 0- -0- $2,745,440 $1,913,852 $(1,672,015) $ (240,852) $ 1,672,015 $ 240,852 Adopted by the Council of the City of Lino Lakes this 14th day of December, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 2A(iv) STAFF ORIGINATOR: Sarah Cotton MEETING DATE: December 14, 2015 TOPIC: Consider Resolution No. 15-144, Adopting the 2016 Recreation Fund Budget VOTE REQUIRED: 3/5 BACKGROUND The City Council has reviewed the proposed 2016 Recreation Fund Operating Budget during their budget work sessions. The budget being presented for approval has not changed since the work session held December 7th. The Recreation Fund is a special revenue fund and operates from revenues collected from recreation fees. No part of the tax levy is used to finance Recreation Fund operations. A transfer to the General Fund is budgeted to offset fixed costs. The budget for 2016 estimates that a small surplus will be realized in this fund. RECOMMENDATION Staff recommends the approval of Resolution No. 15-144. ATTACHMENTS Resolution No. 15-144, Adopting the 2016 Recreation Fund Budget CITY OF LINO LAKES RESOLUTION NO. 15-144 RESOLUTION ADOPTING THE 2016 RECREATION FUND BUDGET WHEREAS, the Recreation Fund is a Special Revenue Fund, funded through fees generated by recreation programming, and WHEREAS, Special Revenue Funds are required to adopt a budget for the forthcoming year. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes, that the following Recreation Fund Operating Budget for the year 2016 is hereby adopted: 2016 RECREATION FUND BUDGET REVENUES EXPENDITURES Adult Instructional $ 5,000 $ 4,050 Adult Leagues 6,200 2,750 Youth Instructional 77,050 67,075 Youth Leagues 22,000 18,000 Special Events 7,220 10,475 Senior Programs 17,800 17,300 Program Totals $135,270 $119,650 Operating Surplus 0 5,620 Transfer to General Fund 0 10,000 Recreation Fund Totals $135,270 $135,270 Adopted by the Council of the City of Lino Lakes this 14th day of December, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 2B STAFF ORIGINATOR: Sarah Cotton MEETING DATE: December 14, 2015 TOPIC: Consider Resolution No. 15-145, Amending the 2015 General Operating Budget VOTE REQUIRED: 3/5 BACKGROUND The City Council has made a number of fiscal decisions through the year which have an impact on the general operating budget. Additionally, economic conditions and projected changes in budget projections have had a significant impact on the City's budget for 2015. Staff has examined the potential budget areas that will be impacted by these factors. The impacts include increased revenues in building activities, MSA, etc., as well as changes in expenditure areas due to personnel changes, changes to professional and contracted services, transfers for park land loans and other factors. Staff has prepared a listing of proposed budget adjustments for conditions that are known today for City Council consideration. RECOMMENDATION Staff recommends the approval of Resolution No. 15-145. ATTACHMENTS Resolution No. 15-145, Amending the 2015 General Operating Budget CITY OF LINO LAKES RESOLUTION NO. 15-145 RESOLUTION AMENDING THE 2015 GENERAL OPERATING BUDGET WHEREAS, the City Council has adopted a general operating budget for 2015, and WHEREAS, the City Coucil has made certain fiscal decisions through the year which have an impact on the general operating budget, and WHEREAS, chances in economic conditions and changes in budget forecasts have made it necessary for the City Council to reconsider portions of the adopted general operating budget, and WHEREAS, it is good management and accounting practice to amend the general operating budget to reflect such changes. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes, that the general operating budget for 2015 be amended as follows: REVENUES: ADJUSTMENT ACCOUNT AMOUNT 101 000 3010 000 General Property Tax $ (1,232,171) 101 000 3040 000 Fiscal Disparities 1,232,171 101'000 3201'000 Liquor Licenses 6,500 101'000 3225'000 Lodging Tax 6,150 101 000 3250 000 Building Permit Fees 39,000 101'000 3251'000 Plan Inspection Fees 5,000 101'000 3253 000 Plumbing Permit 3,500 101'000 3254'000 Heating & Air Conditioning 10,000 101'000 3255 000 Septic Plumbing Permit 3,500 101'000 3345'000 MSA 15,000 101 000 3360'000 Solid Waster - SCORE 59,000 101'000 3422'000 Police Other Revenues (10,000) 101 000 3510 000 Fines & Forfeits (10,000) 101'000 3740'000 Lease Revenues 21,000 101 r r 000 3900 000 Use of General Fund Reserves (390,882) $ (242,232) EXPENDITURES: 101 401 4360 000 101 402 41)0(:000 101 402 4310 000 101 414 4301 000 101 415 4106:000 101 415 4300 000 101 415 4900 000 101 416 4300:000 101 418 4101:000 101 418 4131:000 101 420 4321:000 101 420 4360:000 101 421 4151:000 101 421 4310:000 101 421 4360:000 101 421 4363:000 101 422 4106:000 101 430 4131:000 101 431 4106:000 101 432 4410:000 101 450 4382 000 101 461 4106 :000 101 462 4106 :000 101 462 4340 000 101 462 4410 000 101 499 4910 000 101 499 4905 000 ACCOUNT Mayor/Council Insurance Admin Personal Services Admin Other Consultant Legal Municipal Attorney Econ Devel Temporaries Econ Devel Professional Svcs Econ Devel Marketing Planning & Zoning Professional Svcs Comm Devel Salaries Comm Devel Health Insurance Police Telephone Police Insurance Fire Workers Compensation Fire Other Consultant Fire Insurance Fire Auto Insurance Building Inspections Temporaries Streets Health Insurance Fleet Temporaries Government Buildings Contracted Svc Parks Utilities Environmental Temporaries Solid Waste Temporaries Sold Waste Advertising Solid Waste Contracted Svcs Operating Transfers Other Contingency ADJUSTMENT AMOUNT (6,500) (80,297) (7,500) (7,500) (5,000) (10,000) 6,000 (3,950) (16,231) 10,000 (7,000) 15,000 (30,738) (10,000) (10,000) (10,000) (3,000) (14,000) (25,000) (10,000) (21,500) (8,166) 17,500 11,650 34,000 50,000 (100,000) (242,232) Adopted by the Council of the City of Lino Lakes this 14th day of December, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 2C STAFF ORIGINATOR: Sarah Cotton MEETING DATE: December 14, 2015 TOPIC: Consider Resolution No. 15-146, Committing Specific Revenue Sources in Special Revenue Funds VOTE REQUIRED: 3/5 INTRODUCTION The City has implemented Governmental Accounting Standards Board (GASB) Statement #54 which requires that fund balances be divided into categories from most restricted to uncommitted funds. The City Council must annually adopt a resolution to `commit' certain funds. BACKGROUND The City Council has approved a policy implementing Governmental Accounting Standards Board (GASB) Statement #54. This statement's definition of special revenue funds states that special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects. The term "proceeds of specific revenue sources" establishes that one or more specific restricted or committed revenues should be the foundation for a special revenue fund and comprise a substantial portion of the fund's revenues. Resolution No. 15-146 commits the specific revenue sources of the Recreation Special Revenue Fund specifically for operating City - sponsored recreation programming and the Cable TV Fund specifically for expenditures associated with Cable TV programming This commitment may only be changed by resolution of the City Council. RECOMMENDATION Staff recommends the approval of Resolution No. 15-146. ATTACHMENTS Resolution No. 15-146, Committing Specific Revenue Sources in Special Revenue Funds CITY OF LINO LAKES RESOLUTION NO. 15-146 RESOLUTION COMMITTING SPECIFIC REVENUE SOURCES IN SPECIAL REVENUE FUNDS WHEREAS, the Governmental Accounting Standards Board's Statement #54 definition of special revenue funds states that special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects, and WHEREAS, the term "proceeds of specific revenue sources" established that one or more specific restricted or committed revenues should be the foundation for a special revenue fund and comprise a substantial portion of the fund's revenues, and WHEREAS, investment earnings and transfers from other funds do not meet the definition of a specific revenue source, and WHEREAS, council action is required to formalize the commitment of the specific revenue sources to specified purposes. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes, as follows: 1. The specific revenue sources of each special revenue fund and the specific purposes for which they are committed are as follows: Fund Specific Revenue Sources Committed For Recreation Program Recreation Fees Committed for expenditures associated with City Sponsored Recreation Programs Cable TV Franchise Fees Committed for expenditures associated with City Sponsored Cable TV Programming Adopted by the Council of the City of Lino Lakes this 14th day of December, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Jeff Karlson, City Administrator MEETING DATE: December 14, 2015 TOPIC: 1St Reading of Ordinance No. 13-15, CenturyLink Franchise Ordinance VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to approve a Cable Television Franchise with CenturyLink. BACKGROUND On February 12, 2015, the North Metro Telecommunications Commission ("NMTC") received a cable franchise application covering each member city from CenturyLink. Comcast Cable currently has a non-exclusive franchise agreement with the City, which means the City Council may grant additional franchises to provide cable service in the City. A public hearing on the application was held on February 18, 2015. Following the public hearing, staff prepared a Staff Report ("Report"), which recommended that the NMTC receive and file the Report and direct staff to negotiate a cable franchise with CenturyLink. On April 15, 2015, the NMTC adopted the recommendation. The NMTC's outside attorney, Mike Bradley, Bradley Hagen & Gullikson, LLC, in consultation with NMTC Executive Director, Heidi Arnson, engaged in cable franchise negotiations with CenturyLink. The attached cable franchise is the product of those negotiations. In reviewing the CenturyLink cable franchise, there are two primary issues to consider. The first is whether federal law preempts Minnesota's 5 -Year Build Statute. Minnesota Statues Section 238.084, subdivision 1(m) requires all initial franchises to have a provision that requires a cable operator build out its cable system at a rate of 50 plant miles per year and its cable system be substantially complete within 5 years. As the Report indicated, CenturyLink claims that this 5 - Year Build Statute is an unlawful barrier to entry and is preempted by federal law and an FCC decision referred to as the 621 Order. The Report also indicated that there is no case law in Minnesota directly addressing preemption of the 5 -Year Build Statute. The Report concluded that CenturyLink has a good faith basis on its preemption claim and is willing to indemnify the City related to any litigation surrounding the grant of a franchise to CenturyLink. CenturyLink refused to incorporate the language of the 5 -Year Build Statute in the proposed franchise, based on its preemption argument. As described below, the proposed CenturyLink franchise ordinance has provisions for a reasonable build -out of the city. The proposed franchise ordinance also has provision for defense and indemnification of the City and the NMTC regarding this issue. The second issue is whether the CenturyLink Franchise contains a reasonable build -out schedule. The franchise ordinance recognizes that CenturyLink has already constructed a legacy communications system throughout the City, which is capable of providing telephone and internet service. The build -out provisions in the franchise are related to upgrades of the legacy system to make it capable of providing cable service to all city residents. The Initial Minimum Build -Out Commitment is 15% over two years. The City may consider whether this requirement is reasonable. CenturyLink claimed in its application that it initially would be providing service to a greater portion of the City. During negotiations however, CenturyLink was concerned about having too high a commitment in the franchise ordinance and that cities in Minnesota and elsewhere would use a greater commitment as a new standard. CenturyLink refused to increase the initial minimum build -out commitment above 15%. However, the provisions related to quarterly meetings and additional build -out based on market success are designed to quicken and increase CenturyLink's initial build -out commitment. The franchise also has provisions requiring that residents of the City be included in an equitable initial build commitment and that a significant number of households below the medium income of the city also be included in the initial build -out. CenturyLink must also use its best efforts to complete its initial build faster than two years. Another issue related to the reasonable build -out is whether the penetration rate triggering additional build -out is reasonable. CenturyLink claims that it needs a penetration rate of 27.5% in order to commit to an additional mandatory build in the city. This penetration number is based on internal CenturyLink return on investment models. Given Comcast's penetration rate in the City is around 40-50%, a penetration rate of 27.5% may be difficult to obtain and, therefore, it is possible that CenturyLink may not be required to build -out more than its initial commitment. Economic redlining or "cherry picking" was identified as a concern through the public hearing process. As the Report noted, cherry picking is prohibited by the Federal Cable Act. See 47 U.S.C. § 541(a)(3). The proposed CenturyLink franchise prohibits cherry picking, identical to the Comcast franchise. To ensure compliance, CenturyLink has an additional $500 per day penalty/liquidated damage for violating the build -out and economic redlining provisions of the Franchise. The Report also described the State's level playing field statute, which requires competitive cable franchises not to be more favorable or less burdensome than an incumbent's franchise as it relates to franchise fees, support of public, educational, and governmental access television and the area served. CenturyLink is required to pay a franchise fee of 5% of its Gross Revenues (Identical to Comcast Franchise). The Franchise Area is the entire city (Identical to Comcast Franchise). The Public, Educational, and Governmental ("PEG") Access Requirements of the CenturyLink franchise meet, and in places exceed, Comcast's franchise commitments. The CenturyLink PEG commitments are summarized as follows: • Number of Access Channels. CenturyLink will provide 12 Access Channels (greater overall number of Access Channels as Comcast). • Format of Access Channels. CenturyLink will provide all 12 Access Channels in HD if the City sends them in HD format (Comcast will provide up to 2 Access Channels in HD over time). • Electronic Programming Guide. CenturyLink will have similar requirement as Comcast. • Channel Placement. CenturyLink will make all Access Channels accessible at Channel 16 through the "North Metro Mosaic." • Public Service Announcements. CenturyLink will allow the NMTC to air PSAs on non - Access channels during periods of unsold/unused air time (Exceeds Comcast's commitment). • Video On -Demand. CenturyLink will provide 25 hours of VOD per member city (Exceeds Comcast's PEG commitment). • PEG Support. CenturyLink will pay a PEG Fee in support of the Access Channels of $3.16 adjusted by CPI starting in 2016. (Amount of funding identical to Comcast). Overall, the CenturyLink cable franchise is substantially similar to the Comcast cable franchise in most respects. The following highlights the differences between the two cable franchises: • Term. CenturyLink's Franchise term is 5 years. Comcast's term is 15+ years. • Indemnification of the City. CenturyLink has an additional indemnification commitment that Comcast does not have. • Access Channel Commitments. CenturyLink may provide more channels in HD than Comcast. CenturyLink is providing 175 hours of VOD programming than Comcast, while Comcast is not providing any. PEG support may be used for capital and operational support under the CenturyLink franchise. • Twin Cities Metro PEG Interconnect Network. CenturyLink will provide a network to allow cities throughout the metro area to share live programming with one another. We believe this will be the only such network in the country. • Penalties/Liquidated Damages. CenturyLink franchise has additional damages for violating the Build -Out and Economic Redlining provisions of the franchise that is not in the Comcast franchise. • Build -Out. CenturyLink Franchise has a reasonable build -out commitment based on market success. Comcast does not have a build -out provision, as it built -out the City many years ago. • Line Extension. The CenturyLink franchise does not have an immediate line extension requirement. The City will determine a line extension obligation similar to Comcast's line extension if CenturyLink obtains a 50% penetration level in the City. Comcast has a line extension requirement. Since a cable franchise is granted by ordinance, the City must hold a public hearing on the cable franchise ordinance. Following the public hearing, the City Council should take action to approve or deny the proposed franchise ordinance and direct staff to draft findings consistent with its decision. RECOMMENDATION Staff is recommending: (1) approval of the 1st Reading of Ordinance No. 13-15; and (2) adoption of written findings of fact to support the action taken. ATTACHMENTS Staff Report on CenturyLink Cable Franchise Application Findings of Fact Cable Television Franchise Ordinance No. 13-15 Letter of Agreement from CenturyLink NORTH METRO TELECOMMUNICATIONS COMMISSION Staff Report On CenturyLink Cable Franchise Application By Heidi Arnson, Executive Director Michael R. Bradley, Bradley Hagen & Gullikson, LLC March 30, 2015 Executive Summary This Report addresses the application for a cable television franchise to Qwest Broadband Services, Inc., doing business as CenturyLink ("CenturyLink"), a wholly owned subsidiary of CenturyLink, Inc. and its subsidiaries. CenturyLink filed a franchise application with the North Metro Telecommunications Commission (the "NMTC") on February 12, 2015, requesting a franchise to provide cable services with each of the member cities of the NMTC. The NMTC held a public hearing on February 18, 2015. The public hearing remained open until February 27, 2015, to allow the public additional time to comment on the application, at which time the public hearing closed. Following the close of the public hearing, the NMTC Executive Director commenced review of the application. Mike Bradley of Bradley Hagen & Gullikson, LLC, long-time outside counsel to the NMTC on cable franchising matters, assisted in the review and drafting of this Report. Upon review of the public record on CenturyLink's application materials, it is the NMTC Executive Director's recommendation that staff now be directed to negotiate a cable franchise with CenturyLink, consistent with this Report. The Executive Director anticipates that the resulting competition between CenturyLink and Comcast will benefit cable subscribers through better service, lower rates, and improved programming choices. It is recommended that any CenturyLink cable franchise contain commitments that taken as a whole are comparable (but not necessarily identical) to those in the existing cable franchise. This approach should permit the NMTC to promote its interest in developing competition for cable service, while preventing CenturyLink or the incumbent cable franchise holder, Comcast, from obtaining an unfair competitive advantage. A cable franchise is a valuable privilege to use the public rights-of-way to provide residents cable service. Any franchise, while recognizing that CenturyLink would be the second wire -line franchised cable operator, must adequately address the following issues: Adequate protections to the public to prevent economic redlining or "cherry picking." Fair and Reasonable build -out requirements with the goal of CenturyLink providing competitive cable services throughout the entire NMTC within a reasonable time and in an equitable manner. Provisions consistent with Level Playing Field requirements under applicable law addressing: o Area to be served o Public, Educational, and Governmental ("PEG") Television o Payment of a Franchise Fee Indemnification from any litigation resulting from the grant of a franchise. If the NMTC Executive Director's recommendation is adopted by the NMTC, NMTC staff should be directed to commence negotiating a cable franchise with CenturyLink immediately. Following negotiations, the NMTC will make a recommendation to its member cities for final action. If a franchise ordinance is recommended, the member cities should schedule a public hearing on the proposed cable franchise ordinance. The NMTC member cities may act on the cable franchise ordinance any time seven days following the public hearing on the cable franchise ordinance. At the time of any NMTC member city decision to award a cable franchise by ordinance or to deny the award of a cable franchise, it will need to make findings of fact in support of its decision. ii Section 1 The CenturyLink Application and Public Record In the summer of 2014, CenturyLink publically announced that it would begin offering 1 Gig internet service in the Twin Cities area. Shortly afterwards, CenturyLink approached the North Metro Telecommunications Commission ("NMTC") about obtaining a cable franchise. In January, 2015, CenturyLink informed NMTC staff that it was prepared to apply for a cable franchise with the NMTC's member cities. The NMTC then published a Notice of Intent to Franchise in compliance with the Minnesota Cable Act.' See Exhibit 1. CenturyLink submitted a timely franchise application on February 12, 2015, to the NMTC. See Exhibit 2. The NMTC then issued a request of information, to which CenturyLink responded. See Exhibits 3 and 4. A public hearing was held before the NMTC on February 18, 2015, where additional public testimony and comments were received by the NMTC. See Exhibit 5.2 The purpose of this report is to review the CenturyLink application in light of the public record and recommend whether NMTC staff should be directed to negotiate a cable franchise with the company. Section 2 Impact of Competition on Consumers and Challenges to New Entrant The Federal Communications Commission ("FCC") is the expert agency in the country on communications issues. It has addressed the impact of competitive cable franchises on consumers. The FCC recognized that, "[n]ew competitors are entering markets for the delivery of services historically offered by monopolists: traditional phone companies are primed to enter the cable market, while traditional cable companies are competing in the telephony market."3 According to the FCC, both traditional cable and traditional phone companies are projected to offer customers a "triple play" of voice, high-speed Internet access, and video services over their respective networks. Id. When a traditional phone company enters into the marketplace the FCC has found, [CJompetition for delivery of bundled services will benefit consumers by driving down prices and improving the quality of service offerings. Id. at para. 2 (emphasis added). Last year, the FCC found that average prices in communities with effective competition increased less than in communities without effective competition. See Report on Cable Industry Prices, DA 14-672, at 114 (Rel. May 16, 2014). The Report on Cable 1 See Minnesota Statutes Chapter 238. 2 The Public Hearing can be found at: http://173.165.231.193/Cablecast/Public/Show.aspx?ChannellD=1 &ShowID=19236 3 See In the Matter of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992, Report and Order and Further Notice of Proposed Rulemaking, MB Docket No. 05-311, at ¶ 2 (Rel. March 5, 2007) (the "621" Order) (the "621 Order"). The 621 Order is attached as Exhibit 6. The 621 Order was upheld on appeal. See Alliance for Community Media v. FCC, 529 F.3d 763 (661 Cir. 2008), attached as Exhibit 7. Industry Prices found the price per channel for expanded basic service is 13.5 percent lower in effective competition areas. Id. at ¶ 16. The FCC has also recognized some of the challenges of being the second cable operator in the marketplace. In its 621 Order, the FCC found, [T]he circumstances surrounding competitive entry are considerably different than those in existence at the time incumbent cable operators obtained their franchises. Incumbent cable operators originally negotiated franchise agreements as a means of acquiring or maintaining a monopoly position. [A second] entrant cannot assume that it will quickly -- or ever -- amass the same number or percentage of subscribers that the incumbent cable operator captured. 621 Order at ¶ 26 (emphasis added, footnotes omitted). Applicants for competitive cable franchises, unlike an incumbent cable provider, "do not have the promise of revenues from video services to offset the costs of such deployment." 621 Order at ¶ 3. The competitor faces "financial risk" and "uncertainty" when entering the market. Id. at ¶ 28. Section 3 The Incumbent Franchised Cable Operator — Comcast The history of cable franchising within the NMTC goes back to the 1980s. Each member city of the NMTC initially granted a cable communications franchise to Meredith Cable in 1983, by enacting a cable franchise ordinance. See e.g. Blaine Ord. No. 83-786. Several changes in ownership, structure and name took place after 1983. Eventually, the franchise was transferred to Comcast in 2002. See e.g NMTC Res. No. 2002-04. In 2002, the franchise was renewed. See e.g. Blaine Ord. No. 02-1957. Late last year, the NMTC member cities conditionally approved the transfer of the franchise to GreatLand Connections. See e.g. Blaine Res. No. 15- 016. If the conditions in the resolution are met, the Comcast franchise will be transferred to a new company called GreatLand Connections. Since the franchise was granted in 1983, no other cable franchise has been granted in any of the member cities. Section 4 The NMTC's Authority to Franchise State law requires that "[a] municipality shall require a franchise or extension permit of any cable communications system providing service within the municipality." Minn. Stat. § 238.08, Subd. 1(a). The member cities, through a joint powers agreement have delegated certain cable franchising responsibilities to the NMTC, such as commencing the franchising process and recommending cable franchises to the member cities. Each member city retains the authority to franchise. Prior to providing cable service, a cable service provider is required by federal law to obtain a cable franchise from the local franchising authority, in this case each member city of the NMTC. See 47 U.S.C. § 541(b)(1). 2 Section 5 Applicable Federal, State and Local Legal Requirements The applicable legal requirements for examining an initial franchise application are contained in the Cable Communications Policy Act of 1984, as amended (the "Federal Cable Act"), Chapter 238 of Minnesota Statues (the "Minnesota Cable Act"), and the City's Policies and Procedures Governing Application, Review and Recommendations Regarding Grant of Competitive Cable Franchises (the "Competitive Franchising Policies and Procedures"). The specific procedures to be followed in soliciting and reviewing cable franchise applications are contained in the Minnesota Statutes4 and the Competitive Franchising Policies and Procedures. Substantive criteria the City may use in evaluating applications are set forth in the Competitive Franchising Policies and Procedures and the Federal Cable Act. Section 6 State Cable Franchise Application Requirements A. The State Cable Franchise Application Process The Minnesota Cable Act, found in Minnesota Statutes Chapter 238, lays out the process for granting an additional cable franchise. The following is a summary of the franchising process found in Section 238.081: ➢ Publication of Notice. A notice of intent to franchise must be published once a week for two successive weeks in a newspaper of general circulation. The statute identifies the information required in the notice, such as (1) the name of the municipality making the request; (2) the closing date for submission of applications; (3) a statement of the application fee, if any, and the method for its submission; (4) a statement by the franchising authority of the services to be offered; (5) a statement by the franchising authority of criteria and priorities against which the applicants for the franchise must be evaluated; (6) a statement that applications for the franchise must contain at least the information required by state law; (7) the date, time, and place for the public hearing, to hear proposals from franchise applicants; and (8) the name, address, and telephone number of the individuals who may be contacted for further information. ➢ Written Notice. In addition to publishing the notice of intent to franchise in one or more newspapers, a franchising authority must mail copies of the notice of intent to franchise to any person it has identified as being a potential candidate for a franchise. ➢ Deadline for Application Submission. A franchising authority must allow at least 20 days from the first date of published notice for the submission of franchise proposals. In other words, the deadline for submitting franchise proposals cannot be earlier than 20 days after the date that a jurisdiction's notice of intent to franchise was first published in a newspaper of general circulation. 4 See Minn. Stat. § 238.081, Subd. 1-7. 3 ➢ Contents of franchising proposal. The Minnesota Cable Act requires all franchise applications be signed in front of a notary and that certain information also be included in all franchise applications. Generally, the information includes: o Plans for channel capacity; o A statement of the television and radio broadcast signals for which permission to carry will be requested from the Federal Communications Commission; o A description of the proposed system design and planned operation; o Terms and conditions under which particular service is to be provided to governmental and educational entities; o A schedule of proposed rates in relation to the services to be provided, and a proposed policy regarding unusual or difficult connection of services; o A time schedule for construction of the entire system with the time sequence for wiring the various parts of the area requested to be served in the request for proposals; o A statement indicating the applicant's qualifications and experience in the cable communications field, if any; o An identification of the municipalities in which the applicant either owns or operates a cable communications system, directly or indirectly, or has outstanding franchises for which no system has been built; o Plans for financing the proposed system; o A statement of ownership detailing the corporate organization of the applicant; and o A notation and explanation of omissions or other variations with respect to the requirements of the proposal. ➢ Public hearing on franchise. Each franchising authority must hold a public hearing before the franchising authority affording reasonable notice and a reasonable opportunity to be heard with respect to all applications for a franchise. ➢ Award of franchise. Cable franchises may be awarded only by ordinance, after holding any necessary public hearings. A franchise may not be awarded until at least seven days after the public hearing. B. NMTC's Competitive Franchising Policies and Procedures The NMTC adopted its "Policies and Procedures Governing Application, Review and Recommendations Regarding Grant of Competitive Cable Franchises," on December 20, 2006 ("Competitive Franchising Policies and Procedures"). See NMTC Resolution 12-20-2006. The Competitive Franchising Policies and Procedures adopted by the NMTC supplement state and federal law. 4 1. NMTC's Application Requirements To obtain an initial cable franchise, a written application containing all information required by the Competitive Franchising Policies and Procedures must be filed with the NMTC. Under Section 2, Subd. 3 of the Competitive Franchising Policies and Procedures and state law, the NMTC is required to publish of a Notice of Intent to Franchise that contains the specific requirements governing the submission cable franchise applications. According to the Notice of Intent to Franchise first published by the NMTC on January 16 and 20, 2015 (in 3 different newspapers to cover all of the member cities), all franchise applications were to be filed with the Cable Officer no later than 12:00 p.m. on February 12, 2015. 2. Contents of Application The NMTC's Competitive Franchising Policies and Procedure largely reflects current State law requirements as listed above. In addition to the provision in State law, the Competitive Franchising Policies and Procedure also require the following: A proposed Franchise Agreement; Any other information contained in a notice of intent to franchise that may be reasonably necessary to demonstrate compliance with applicable laws and regulations and the requirements of these Policies and Procedures Governing the Receipt and Review of Applications for Additional Cable Franchises; and Any additional information that the Commission or its responsible employee(s) may request of the applicant that is relevant to the Commission's and/or a Member City's consideration of the application. Section 7 Federal Law A. The Federal Cable Act As the FCC noted in its 621 Order, local franchising authorities may not unreasonably deny an additional competitive franchise to potential competitors who are ready and able to provide service in order "[t]o encourage more robust competition in the local video marketplace..." See 621 Order at ¶ 7; and 47 U.S.C. § 541(a)(1). In awarding a franchise, a local franchising authority may establish construction schedules and construction requirements,5 and may require adequate assurances that an applicant: 1. Will provide adequate public, educational and governmental access channel capacity, facilities or financial support; and 5 See 47 U.S.C. § 552(a)(2). 5 2. Possesses the financial, technical and legal qualifications to provide cable service. 47 U.S.C. § 541(a)(4)(B)-(C). A local franchising authority must also allow an applicant's cable system a reasonable period of time to become capable of providing cable service to all households in the franchise area. 47 U.S.C. § 541(a)(4)(A). Additionally, in awarding a franchise, a local franchising authority must assure that access to cable service is not denied to any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides. 47 U.S.C. § 541(a)(3). Stated differently, a local franchising authority cannot allow a cable service provider to engage in economic redlining or "cherry -picking." B. 621 Order — Competitive Cable Franchising In 2007, the Federal Communications Commission (the "FCC" or the "Commission") released a Report and Order and Further Notice of Proposed Rulemaking addressing competitive cable franchising. 6 It is sometimes referred to as the "621 Order" because it addresses the implementation of Section 621(a)(1) of the Federal Cable Act.7 Section 621(a)(1), among other things, prohibits franchising authorities from unreasonably refusing to award competitive cable franchises. C. 621 Order — Applicability to State Laws By its terms, the 621 Order applies only to new entrants.8 According to the FCC, the 621 Order does "not preempt state law or state level franchising decisions ..."9 Rather, the FCC "expressly limit[ed] ... [its] findings and regulations in this Order to actions or inactions at the local level where a state has not specifically circumscribed the LFA's authority."10 In this regard, local laws, regulations, practices and agreements are preempted to the extent that they conflict with the FCC's rules or guidance adopted in the 621 Order and are not "specifically authorized by state law."11 The FCC recently clarified the 621 Order in Implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992, Order on Reconsideration (Rel. Jan. 21, 2015) ("We clarify that those rulings were intended to apply only to the local franchising process, and not to franchising laws or decisions at the state level").12 6 See FN 3. 7 Section 621(a)(1) is codified at 47 U.S.C. § 541(a)(1). 8 See, e.g., 621 Order at ¶¶ 18 and 139. 9 Id. ¶ 126. 10 Id. at ¶ 1, n. 2. 11 621 Order at ¶ 126. 12 See Exhibit 8, at ¶ 7. 6 D. 621 Order — Impact of Build -out Requirements on Competition and Consumers The FCC has concluded that in many cases, build -out requirements "deter competition and deny consumers a choice." 621 Order at ¶ 37. Additionally, build -out mandates may also directly contravene the goals of Section 706 of the Telecommunications Act of 1996, which requires the FCC to "remov[e] barriers to infrastructure investment" to encourage the deployment of broadband services "on a reasonable and timely basis." Id. at ¶ 41. The FCC has recognized that "build -out issues are one of the most contentious between LFAs and prospective new entrants, and that build -out requirements can greatly hinder the deployment of new video and broadband services." 621 Order at 1131. According to the FCC large incumbent local exchange carriers ("LECs"), "view build -out requirements as the most significant obstacle to their plans to deploy competitive video and broadband services." Id. While an incumbent LEC already has telecommunications facilities deployed over large areas, it still must upgrade its existing plant to enable the provision of video service, which often requires a significant investment of capital. Id. at ¶ 38. The FCC also found in its 621 Order that build -out requirements can substantially reduce competitive entry." Id. at ¶ 32. According to the FCC, Build -out requirements can deter market entry because a new entrant generally must take customers from the incumbent cable operator, and thus must focus its efforts in areas where the take - rate will be sufficiently high to make economic sense. Because the second provider realistically cannot count on acquiring a share of the market similar to the incumbent's share, the second entrant cannot justify a large initial deployment. Rather, a new entrant must begin offering service within a smaller area to determine whether it can reasonably ensure a return on its investment before expanding. 621 Order at ¶ 35 (Footnotes omitted). Therefore, Due to the risk associated with entering the video market, forcing new entrants to agree up front to build out an entire franchise area too quickly may be tantamount to forcing them out of -- or precluding their entry into -- the business. 621 Order at ¶ 35 (Footnotes omitted). In analyzing the impact of build -out requirements on consumers, the FCC found that in many cases it adversely affects consumer welfare. 621 Order at 1136. The Department of Justice commented that "imposing uneconomical build -out requirements results in less efficient competition and the potential for higher prices. Id. Non- profit research organizations the Mercatus Center and the Phoenix Center each concluded that build -out requirements imposed on competitive cable entrants only benefit an incumbent cable operator. Id. Historically, the greatest difference in pricing occurred where there was wireline 7 overbuild competition. In those situations, average monthly cable rates were 20.6 percent lower than the average for markets deemed noncompetitive. Id. E. FCC 621 Order - Federal Preemption of Unreasonable Build -Out Mandates In the 621 Order, the FCC declared "it is unlawful for LFAs to refuse to grant a competitive franchise on the basis of unreasonable build -out mandates."13 The 621 Order does not expressly prohibit full municipal build -out requirements, if they are reasonable (which will depend on local circumstances). Although the FCC did not definitively define what constitutes an "unreasonable build -out" mandate, it did list examples of both reasonable and unreasonable build -out requirements. a. Examples of Unreasonable Build -Out Requirements. The FCC's examples of unreasonable build -out mandates include: requiring a new entrant to serve everyone in a franchise area before it has begun to serve anyone; requiring facilities -based entrants, such as incumbent LECs, to build out beyond the footprint of their existing facilities before they have even begun to provide cable service; requiring more of a new entrant than an incumbent cable operator by, for instance, requiring the new entrant to build out its facilities in a shorter period of time than that afforded to the incumbent; requiring the new entrant to build out and provide service to areas of lower density than those that the incumbent cable operator is required to build out to and serve; requiring a new entrant to build out to and service buildings or developments to which the entrant cannot obtain access on reasonable terms or which cannot be reached using standard technologies; and requiring a new entrant to build out to and provide service to areas where it cannot obtain reasonable access to and use of public rights-of-way.14 b. Examples of Reasonable Build -Out Requirements. The FCC notes that it would seem reasonable for a local franchising authority to consider benchmarks requiring the new entrant to increase its build -out after a reasonable time, taking into account the new entrant's market success.15 The FCC also opined that it would seem reasonable to establish build -out requirements based on a new entrant's market penetration.16 13 621 Order at ¶ 89. 14 Id. at ¶¶ 89-90. 15 Id. at ¶ 89. 16 Id. 8 F. 621 Order - PEG and Institutional Networks The 621 Order concludes that "LFAs may not make unreasonable demands of competitive applicants for PEG and I -Net" and that doing so constitutes an unreasonable refusal to award a franchise.17 With regard to PEG channel capacity, the FCC determined that it would be unreasonable "to impose on a new entrant more burdensome PEG carriage obligations that it has imposed on the incumbent cable operator."18 Overall, the FCC found that PEG support must be both "adequate and reasonable."19 Adequacy is defined by the FCC as "satisfactory or sufficient."20 The 621 Order does provide some examples of unreasonable PEG and Institutional Network support obligations,21 including: Completely duplicative PEG and I -Net requirements;22 Payment of the face value of an I -Net that will not be constructed; and Requirements that are in excess of the incumbent cable operator's obligations. According to the FCC, pro rata cost sharing of current (as opposed to future) PEG access obligations is per se reasonable.23 In the event that pro rata cost sharing is utilized, PEG programming providers must permit a new entrant to interconnect with existing PEG video feeds.24 The new entrant must bear the cost of interconnection. G. 621 Order — Local Level Playing Field Requirements Local level playing field requirements are generally preempted by the 621 Order.25 This could mean that level playing field provisions (commonly called "Competitive Equity" in local Comcast franchises) included in existing cable franchise ordinances are preempted. Section 8 State and Local Law A. State Level Playing Field Statute While under federal law, a franchising authority may not unreasonably refuse to award an additional competitive franchise, Minnesota state law further restricts a franchising authority's ability to franchise with a level playing field provision that reads as follows: 17 Id. at¶110. 18 Id. at¶114. 19 Id. at¶115. 20 Id. at ¶ 112. 21 Id. at¶119. 22 The 621 Order does appear to say that duplication is permissible if required for public safety purposes. Id. In addition, the FCC clarified that "an I -Net requirement is not duplicative if it would provide additional capability or functionality, beyond that provided by existing I -Net facilities." Id. 23 621 Order at ¶ 120. 24 Id. 25 Id. at ¶138. 9 No municipality shall grant an additional franchise for cable service for an area included in an existing franchise on terms and conditions more favorable or less burdensome than those in the existing franchise pertaining to: (1) the area served; (2) public, educational, or governmental access requirements; or (3) franchise fees. Nothing in this paragraph prevents a municipality from imposing additional terms and conditions on any additional franchises. Minn. Stat. § 238.08, subd. 1(b) (emphasis added). This language does not mean that the language or terms of a franchise must be the same between competitors. See WH Link, LLC v. City of Otsego, 664 N.W.2d 390, 396 (Minn. Ct. App. 2003) (more favorable or less burdensome interpreted as "substantially similar"). B. The 5 -Year Build Statute The Minnesota Cable Act also has a section that addresses franchise requirements for all local franchises. One of those provisions requires: (m) a provision in initial franchises identifying the system capacity and technical design and a schedule showing: (1) that construction of the cable communications system must commence no later than 240 days after the granting of the franchise; (2) that construction of the cable communications system must proceed at a reasonable rate of not less than 50 plant miles constructed per year of the franchise term; (3) that construction throughout the authorized franchise area must be substantially completed within five years of the granting of the franchise; and (4) that the requirement of this section be waived by the franchising authority only upon occurrence of unforeseen events or acts of God; See 238.084, Subd. 1(m) (emphasis added). It is the position of CenturyLink that the 5 -Year Build Statue is a barrier to entry and is preempted by the Federal Cable Act. See Exhibit 3 at ¶¶ 28-31 and Section 11(C) below. 10 C. Comcast Cable Franchise In addition to federal and state law, local law also must be considered. The local law applicable to the application for an additional franchise is the current franchise with the incumbent franchised cable operator, Comcast. states: The Comcast cable franchise addresses competitive franchises in section 2.2.3, which 2.2.3 This Franchise and the right it grants to use and occupy the Rights - of -Way shall not be exclusive and this Franchise does not, explicitly or implicitly, preclude the issuance of other franchises or similar authorizations to operate Cable Systems within the City. Provided, however, that the City shall not authorize or permit itself or another Person or governmental body to construct, operate or maintain a Cable System on material terms and conditions which are, taken as a whole, more favorable or less burdensome than those applied to the Grantee. Section 9 Issues Raised by the Public The public was allowed to testify at the public hearing and the NMTC left the public hearing open for over one week for the purpose of allowing the public to submit written comments. There was testimony from a citizen and Comcast at the public hearing. Other than a letter from Comcast, no additional written comments were submitted. A. Economic Redlining or Cherry Picking. One member of the public testified at the public hearing that it would be unfair for the incumbent cable operator to be required to build out an entire franchise area, but not a new company like CenturyLink.26 B. Issues Raised By the Incumbent Franchised Cable Operator - Comcast The letter from Comcast submitted into the record at the public hearing raised the following issues: Concern about whether CenturyLink will have similar franchise commitments as Comcast. Exhibit 5 at pp. 1-2. An expectation that "the same level of due diligence and scrutiny that the NMTC would and has applied to Comcast and its predecessors' will also be applied to CenturyLink." Id. at p. 2. 26 Public Hearing at 27:50. See FN 2 above. 11 Concern with "CenturyLink's build -out commitment that appears to stand in direct conflict with state law." Id. at 3. Comcast also indicated that CenturyLink's record in other markets raised a concern that CenturyLink's build -out will be based upon income considerations of the selected areas. Exhibit 5 at p. 3. However, no additional proof of that statement was submitted. In raising one of the issues above, Comcast suggested that the competitive franchise application process should essentially be the same as prior Comcast renewals and transfers. See Exhibit 5 at p. 2. However, the FCC in its 621 Order found, [I]ncumbent cable operators' purported success in the franchising process is not a useful comparison in this case. Today's large MSOs obtained their current franchises by either renewing their preexisting agreements or by merging with and purchasing other incumbent cable franchisees with preexisting agreements. For two key reasons, their experiences in franchise transfers and renewals are not equivalent to those of new entrants seeking to obtain new franchises. First, in the transfer or renewal context, delays in LFA consideration do not result in a bar to market entry. Second, in the transfer or renewal context, the LFA has a vested interest in preserving continuity of service for subscribers, and will act accordingly. 621 Order at ¶ 29 (Footnotes omitted). The NMTC is following the process set forth in Minnesota Statutes Section 238.081. The statute does not include considering an incumbent's prior renewals and transfers. Section 10 Review of CenturyLink Cable Franchise Application The NMTC Executive Director is responsible for reviewing cable franchise applications. The Executive Director has reviewed the application and the entire public record, as well as all relevant factors and applicable federal, state and local standards for reviewing a cable franchise application. 1. The NMTC has substantially complied with state and local cable franchising application requirements. Publication of Notice. The NMTC fully complied with the state requirements (listed above) for publishing a notice of intent to franchise. See Exhibit 1. There were no objections to the NMTC's publication of the notice of intent to franchise. The local Competitive Franchising Policies and Procedures call for a notice of intent to franchise be published after receipt of an application. The state law anticipates publishing a notice of intent to franchise before receiving an application. For example, the notice of intent to franchise must indicate a deadline for receiving applications. Therefore, it was reasonable for the NMTC to publish a notice of intent 12 to franchise once CenturyLink informed the NMTC that it was prepared to submit and application. The publication of the notice of intent to franchise substantially complies with both state and local requirements. Written Notice. The NMTC was not aware of any other companies that were interested in applying for a cable franchise. Therefore, no companies, other than CenturyLink, received written notice of the NMTC's notice of intent to franchise. There were no objections to the NMTC's provision of written notice to potential candidates for a cable franchise. Deadline for Application Submission. The NMTC allowed more than 20 days from the first date of published notice for the submission of franchise applications. See Exhibit 1. There were no objections to the cable franchise application deadline set by the NMTC. Public hearing on franchise. The NMTC held a public hearing on February 18, 2015, which afforded reasonable notice and a reasonable opportunity to be heard with respect to the CenturyLink cable franchise application. No objections were made concerning the manner in which the NMTC held the public hearing. Award of franchise. In the event a NMTC member city decides to enter into a franchise agreement with CenturyLink in the future, a NMTC member city must award the cable franchise by ordinance. In that event, while the NMTC has held a public hearing on the cable franchise application, it is recommended that there be a subsequent public hearing if a cable franchise agreement is agreed upon and a cable ordinance is introduced. A cable franchise may not be awarded until at least seven days after the public hearing on the cable franchise ordinance. 2. CenturyLink's application substantially complies with state and local application requirements. Contents of franchising proposal. It was CenturyLink's responsibility to comply with all of the application requirements in State Law. The application was submitted timely, included the applicable application fee, and signed before a notary. See Exhibit 2 (CenturyLink Cable Franchise Application). Upon review of the CenturyLink cable franchise application, CenturyLink has substantially complied with the following State application requirements without objection: o Plans for channel capacity. See Exhibit 2 at p. 1. o A statement of the television and radio broadcast signals for which permission to carry will be requested from the Federal Communications Commission. See Exhibit 2 at p. 2 and Exhibit 3 at ¶ 8. o A description of the proposed system design and planned operation. See Exhibit 2 at pp. 2-3 and Exhibit 3 at ¶¶ 11-16. o Terms and conditions under which particular service is to be provided to governmental and educational entities. See Exhibit 2 at pp. 3-4 and Exhibit 3 at ¶¶ 17-22. 13 o A schedule of proposed rates in relation to the services to be provided, and a proposed policy regarding unusual or difficult connection of services. See Exhibit 2 at p. 4 and Exhibit 3 at ¶1123- 27. ¶23- 27. o A statement indicating the applicant's qualifications and experience in the cable communications field, if any. See Exhibit 2 at pp. 4-5 and Exhibit 3 at ¶¶ 6, and 35-36. o An identification of the municipalities in which the applicant either owns or operates a cable communications system, directly or indirectly, or has outstanding franchises for which no system has been built. See Exhibit 2 at p. 4 and Exhibit 3 at ¶ 37. o Plans for financing the proposed system. See Exhibit 6 at p. 5 and Exhibit 3 at If 38. o A statement of ownership detailing the corporate organization of the applicant. See Exhibit 2 at p. 5 and Exhibit 3 at ¶¶ 1-6. As required by the Minnesota Cable Act, CenturyLink provided a notation and explanation of omissions or other variations with respect to the requirements of the proposal. In particular, CenturyLink indicated that it would not provide information relating to the area - served application requirement because it believes Federal law preempts the State law 5 -year build out requirement. See Exhibit 3 at ¶¶28-31 and Testimony of Jim Campbell of CenturyLink.27 There was documentary and testimonial evidence received into the record concerning CenturyLink's build -out of the NMTC. See Exhibit 5. While Comcast expressed concern over the build -out commitment of CenturyLink if awarded a cable franchise by the NMTC, there was no objection to CenturyLink explaining why it omitted build -out information in its cable franchise application. For purposes of complying with the state's application requirements only, CenturyLink has adequately explained why it omitted a time schedule for construction of the entire system with the time sequence for wiring the various parts of the area requested to be served in. Therefore, it has substantially complied with the application filing requirements in state law. This should not be interpreted to mean the NMTC accepts CenturyLink's position. In the event that the NMTC authorizes staff to negotiate a franchise with CenturyLink, acceptable build -out provisions will need to be negotiated consistent with this Report. Finally, the NMTC Competitive Franchising Policies and Procedures indicate that a proposed franchise must be included in a cable franchise application. A proposed franchise was not included in the application. The absence of a proposed franchise does not render the application as substantially incomplete. Since the Parties must negotiate a cable franchise if the NMTC authorizes its staff to negotiate a franchise with the applicant, the inclusion of a proposed franchise was unnecessary. In addition, it was unnecessary for assessing the qualifications of the applicant. 27 Mr. Campbell's testimony on the 5 -Year Build Statute can be found at the 20:30 mark of the Public Hearing. See FN 2 above. 14 3. CenturyLink appears to have the Financial, Technical and Legal Qualifications to Provide Cable Service. While the NMTC may review the financial, legal and technical qualifications of a franchise applicant, the FCC has indicated that in cases of the application by a LEC that already has a certificate for public convenience and necessity from the state, an LFA need not spend a significant amount of time considering the fitness of such applicants to access public rights-of- way. See 621 Order at ¶ 23. This is because the LEC has already demonstrated its legal, technical, and financial fitness to be a provider of telecommunications services. Id. a. Financial Evaluation. As shown above, under 47 U.S.C. § 541(a)(4) the NMTC may consider a franchise applicant's financial qualifications in determining whether to grant a franchise. The parent company of the proposed franchisee appears financially qualified. CenturyLink, Inc. is the third largest telecommunications company in the United States with $18.0 Billion in annual operating revenue and free cash flow of $2.7 Billion. See Exhibit 2 at page 5-6; and Exhibit 3 at ¶ 38. CenturyLink has further committed to making a $125 Million investment to bring cable television service to the Twin Cities. See Exhibit 2 at page 6. Provided that CenturyLink, Inc. can provide adequate assurances for the performance of the proposed franchisee, it appears that CenturyLink has the financial qualifications to operate a cable communications system in the NMTC. Recently, the NMTC member cities required certain parent guarantees of GreatLand Connections in connection with the recent conditional approval of the cable franchise transfer from Comcast to GreatLand Connections. See e.g. Blaine Res. No. 15-016. b. Technical Evaluation. As shown above, under 47 U.S.C. § 541(a)(4), the Commission may consider whether CenturyLink has the necessary technical qualifications to construct, operate and maintain a cable system. CenturyLink has a demonstrated history of operating cable systems in 13 markets in the United Sates. See Exhibit 2 at p. 4. CenturyLink has approximately 300,000 cable television subscribers and is capable of delivering it to approximately 2.3 Million homes. Id. CenturyLink's management team displays a wealth of experience in the cable and telecommunications industry. See Exhibit 3 at 1116, 11-16, and 35- 36. The application described a state-of-the-art cable system capable of reliably providing a panoply of cable services to subscribers. See Exhibit 2 at pp. 2-3. According to CenturyLink, it "offers more channels in HD than any other MVPD nationally." Id. at p. 1. Based on the information contained in CenturyLink's application and its response to the request for information, it appears that CenturyLink has the technical qualifications to operate a cable communications system in the NMTC. c. Legal Evaluation. Both federal law and the Competitive Franchising Policies and Procedures permit the Commission to consider a cable franchise applicant's legal qualifications in the process of determining whether to grant a cable television franchise.28 The applicant appears legally qualified to hold a cable franchise in the NMTC. The company is properly formed and authorized to do business in the state of Minnesota. See Exhibit 3 at ¶¶ 1-2. The company agrees to make all appropriate filings and preparations prior to offering cable 28 See 47 U.S.C. § 541(a)(4)(C) and Section 4, Subd. 2 of the Competitive Franchising Policies and Procedures. 15 service. Id. at ¶ 8. No adverse administrative, civil or criminal action has been taken against the applicant over the past five years. Id. at ¶ 9. While the applicant will operate the cable system, the facilities in the public rights-of- way will be owned by Qwest Corporation ("QC"). Id. at 10. Any cable franchise to applicant must contain adequate provisions ensuring compliance by QC of any franchise provisions related to the location, removal, relocation, testing, performance, and any other franchise requirement or applicable cable regulation relating to any portion of the cable communications system. Based on the information contained in CenturyLink's application and responses to the NMTC's request for information, it appears that CenturyLink has the legal qualifications to operate a cable communications system in the NMTC. Any franchise that is ultimately negotiated is subject to all restrictions under federal, state and local laws. d. Cable -Related Community Needs and Interests. No formal needs assessment is legally required in connection with an application for a competitive franchise. The NMTC's cable -related needs and interests were addressed in the 2002 Comcast cable franchise and recently updated through a 2014 Settlement Agreement. See e.g. Blaine Ord. No. 02-1957; and NMTC Res. No. 12-17-2014. Any franchise negotiated with CenturyLink should be substantially similar (but need not be identical) to the 2002 Comcast cable franchise, as amended, and consistent with this Report. Section 11 Cable Franchise Considerations In the event that the NMTC directs NMTC staff to negotiate a cable franchise with CenturyLink, the Administrator recommends that any franchise include, but certainly not be limited to, addressing the following issues. a. Economic Redlining or "Cherry Picking." Comcast raised a concern that CenturyLink will discriminate based on the income of residents in the NMTC member city area. See Exhibit 5 and Public Hearing Testimony. There is nothing in the record to indicate that CenturyLink will do so. However, the application does not provide clarity as to where CenturyLink will provide cable service. The CenturyLink application only indicates that its cable service "will be available to over thirty percent of the households in the [NMTC] member cities." See Exhibit 2 at p. 4. The Federal Cable Act does prohibit economic redlining. See 47 U.S.C. § 541(a)(3). While economic redlining is illegal, it should be addressed in any negotiated cable franchise with CenturyLink. c. Franchise Area - Reasonable Build -Out of the NMTC. As discussed in Section 8 above, the state of Minnesota has a statute that requires that all initial cable franchises contain a franchise provision requiring a 5 -year build. It is CenturyLink's position that the 5 -year Build Statute is preempted by the Federal Cable Act. See Exhibit 3 at ¶¶ 28-31. While there is no court decision directly addressing whether the Federal Cable Act preempts the state 5 -Year Build Statute, CenturyLink does provide a good faith basis for its 16 position. Id. CenturyLink is also willing to completely indemnify the NMTC for any litigation concerning the grant of a cable franchise to CenturyLink. See Exhibit 2 at 6. With the 5 -Year Build Statute on one hand and federal preemption on the other, the NMTC is left with a difficult choice. Does the NMTC err on the side of caution and require a 5 - year build -out commitment from CenturyLink and risk thwarting a competing cable operator that will bring benefits to consumers of the NMTC member cities? Or, does the NMTC err on the side of competition and risk litigation with Comcast? Litigation may be inevitable with either choice. Should the NMTC direct staff to negotiate a cable franchise with CenturyLink, the cable franchise should contain fair and reasonable build -out requirements with the goal of CenturyLink providing competitive cable services throughout the entire NMTC member city area within a reasonable time and in an equitable manner In doing so, the Federal Cable Act, the 5 -Year Build Statute, the FCC 621 Order, and any other applicable law should be considered. d. Level Playing Field Considerations. Comcast is the only commenter to specifically raise the state level playing field statute, Minnesota Statutes Section 238.08, as a concern. In the FCC's 621 Order, the FCC found: In many instances, level -playing -field provisions in local laws or franchise agreements compel LFAs to impose on competitors the same build -out requirements that apply to the incumbent cable operator. Cable operators use threatened or actual litigation against LFAs to enforce level -playing -field requirements and have successfully delayed entry or driven would-be competitors out of town. Even in the absence of level -playing -field requirements, incumbent cable operators demand that LFAs impose comparable build -out requirements on competitors to increase the financial burden and risk for the new entrant. 621 Order at ¶ 34 (Footnotes omitted). Regardless of the reason for raising the issue, any franchise should contain adequate provisions addressing the state level playing field statute. This should include provisions to provide cable service to all NMTC member city residents over a reasonable time and reasonable circumstances (consistent with the build -out discussion above), similar public, educational, and governmental access requirements as Comcast, and the same franchise fee requirement as Comcast. See e.g. Blaine Ord. 02-1957. e. Compliance with Comcast Cable Franchise In the event the NMTC determines to grant a cable franchise to CenturyLink, the cable franchise must be granted by an ordinance. The local level playing field provision in the cable franchise with Comcast requires that the NMTC not authorize or permit itself or another Person or governmental body to construct, operate or maintain a cable system on terms and conditions which are, taken as a whole, more favorable or less burdensome than those applied to the 17 Grantee. See Section 8(C) above. However, local level playing field provisions may also be subject to federal preemption. See Section 7(G) above. Any negotiated franchise should address the local level playing field provision in the Comcast franchise consistent with this Report. Section 12 Recommendation Based on the record developed by the NMTC, including this Report, it is the Administrator's recommendation that the NMTC (1) receive and file this Report; and (2) direct NMTC staff to negotiate a cable communications franchise with CenturyLink consistent with this report. If the NMTC accepts this recommendation, NMTC staff will negotiate a cable franchise with CenturyLink. Following negotiations, the NMTC will recommend final action to be taken by its member cities. In the event that a franchise ordinance is recommended to the member cities, each member city will hold a public hearing on the proposed cable franchise ordinance. Each member city may act on the cable franchise ordinance any time seven days following the public hearing. After the public hearing, each member city will need to decide whether to award a cable franchise by ordinance or to deny the award of a cable franchise. Additionally, each member city will need to make findings of fact in support of its decision. 18 CITY OF LINO LAKES, MINNESOTA In Re: CenturyLink Cable Franchise FINDINGS OF FACT Application The City is one of seven member cities of the North Metro Telecommunications Commission (the "NMTC"). Following the submission of an application for a cable television franchise for each member city of the NMTC, the above -entitled matter initially came before the NMTC for a public hearing on February 18, 2015, at Spring Lake Park City Hall, located at 1301 81st Avenue N.E., Spring Lake Park, MN 55432. Said public hearing was held open through February 27, 2015, for the purpose of allowing additional written public comments. Following the public hearing, the NMTC's Executive Director prepared a detailed report entitled "Staff Report on CenturyLink Cable Franchise Application" (the "Staff Report"). The NMTC received and filed the Staff Report and directed NMTC staff to negotiate a cable television franchise with CenturyLink. The City, in furtherance of its obligations as a steward on behalf of consumers in the City, desires to promote competition in the delivery of cable services and to encourage the deployment of state-of-the-art broadband networks in the hope that true and effective competition between cable service providers will increase the availability and quality of cable services, spur the development of new technologies, improve customer service, minimize rate increases and generally benefit consumers of the City. The City also recognizes that any facilities based, second cable entrant is in a different position than the incumbent cable provider because the second entrant faces a significant, up front capital investment prior to having the opportunity to compete for its first customer. It is beneficial to attract and retain second entrants because of the investment made in the community and the creation of new jobs, as well as the benefits to consumers by having a cable service competitor in the City. Adoption of this Franchise is, in the judgment of the City Council, in the best interests of the City and its residents. Having held a public hearing (via the NMTC) on the cable franchise application and having reviewed the negotiated cable franchise with CenturyLink, the City now makes the following findings: FINDINGS OF FACT 1. The City has the authority to grant cable television franchises to cable service providers, pursuant to applicable law. See Minn. Stat. § 238.08, Subd. 1(a); and Cable Office Report, § 4. 2. In January, 2015, the NMTC published a Notice of Intent to Franchise once a week for two successive weeks in a newspaper of general circulation of the City. See Staff Report, § 1. 3. CenturyLink submitted a cable franchise application (the "Application") on February 12, 2015. See Staff Report, § 1. 4. The NMTC held a public hearing on the Application on February 18, 2015, and left the public hearing open until February 27, 2015, for the purpose of receiving additional written comments from the public. See Staff Report, Executive Summary and § 1. 5. Following the public hearing, the NMTC's Executive Director prepared a "Staff Report on CenturyLink Cable Franchise Application" (the "Staff Report) dated March 30, 2015. The Staff Report is incorporated herein by Reference. 2 6. The Staff Report was received and filed by the NMTC on or about April 15, 2015, and the NMTC directed NMTC staff to negotiate a cable television franchise with CenturyLink. 7. NMTC staff negotiated a cable television franchise with CenturyLink and presented it to the NMTC on October 21, 2015. 8. The NMTC adopted a Findings of Fact and Recommendation on October 21, 2015, which recommended approval of the negotiated cable television franchise with CenturyLink by each member city. 9. The City held a public hearing on the CenturyLink Cable Television Franchise Ordinance on , 2015. 10. The impact of competition and the challenges to a new cable operator, like CenturyLink, are identified in the Staff Report. See Staff Report, § 2. 11. The applicable federal, state and local legal cable franchising requirements, including the application requirements, are identified in the Staff Report. See Staff Report, §§ 5 - 8. 12. The Staff Report identified the issues raised by the public, including the incumbent franchised cable operator, Comcast. See Staff Report, § 9. 13. The NMTC has substantially complied with the state and local cable franchise application requirements identified in the Staff Report. 14. CenturyLink's application substantially complied with state and local cable franchise application requirements identified in the Staff Report. 15. In the cable television franchise, CenturyLink agrees it has constructed a legacy communications system throughout the City that is capable of providing 3 telephone and internet services. CenturyLink represents that it desires to upgrade its existing legacy communications system and to install certain new facilities and equipment in the City and intends to operate a cable communications system in the City. See Staff Report, Exhibits 2 and 3. 16. CenturyLink further represents that upon completion of its cable service headend, it will be capable of providing cable communications service to a portion of the City over its existing facilities, but currently has no market penetration in the cable communications service market in the City. See Staff Report, Exhibits 2 and 3. 17. The NMTC reviewed CenturyLink's franchise application, published a notice of intent to franchise and held a public hearing all in compliance with applicable law. See Staff Report, § 1. 18. Comcast of Minnesota, Inc. ("Comcast"), currently holds a non-exclusive franchise with the City, and, Comcast, through its predecessors in interest, has continuously held a franchise with the City since 1983. See Staff Report, § 3 19. CenturyLink will be the first facilities based franchised cable operator to compete against the incumbent provider in the City since the initial cable television franchise was granted in 1983. See Staff Report, § 3. 20. Section 621(a)(1) of the Cable Television Consumer Protection and Competition Act of 1992 was amended to provide that "...a franchising authority may not unreasonably refuse to award an additional competitive franchise." In support of its mandate, the Conference Report noted that "[W]ithout the presence of another multichannel video programming distributor, a cable system faces no local 4 competition. The result is undue market power for the cable operator as compared to that of consumers ...." See H.R. Conf. Rep. No. 102-862, at 1231 (1992); and 621 Order at ¶ 8. 21. In the Matter of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992, Report and Order and Further Notice of Proposed Rulemaking, MB Docket No. 05-311 (Rel. March 5, 2007) (the "621 Order"), the FCC determined, based on Section 621(a)(1), that it is unlawful for a local franchising authority to refuse to grant a competitive franchise on the basis of unreasonable build -out mandates and that such mandates "can have the effect of granting de facto exclusive franchises, in direct contravention of Section 621(a)(1)'s prohibition of exclusive cable franchises." See 621 Order, at ¶ 40; see also, Staff Report, § 7(E). 22. According to the FCC, "[b]ecause a second provider realistically cannot count on acquiring a share of the market similar to the incumbent's share, the second entrant cannot justify a large initial deployment. Rather a new entrant must begin offering service within a smaller area to determine whether it can reasonably ensure a return on its investment before expanding." See Staff Report, § 7(D). 23. In the 621 Order, the FCC found that "new cable competition reduced rates far more than competition from DBS [Direct Broadcast Satellite]. Specifically, the presence of a second cable operator in a market results in rates approximately 15 percent lower than in areas without competition." See also, Staff Report, § 2. 5 24. The FCC also found that "competition for delivery of bundled services will benefit consumers by driving down prices and improving the quality of service offerings." See Staff Report, § 2. 25. The FCC has concluded in the 621 Order that "broadband deployment and video entry are `inextricably linked' and that broadband deployment is not profitable without the ability to compete with the bundled services that cable companies provide." See 621 Order at ¶ 51; see also, Staff Report, §§ 2 and 7. 26. The City must, pursuant to the Federal Cable Act, "allow the applicant's cable system a reasonable period of time to become capable of providing service to all households in the franchise area." See Staff Report, § 7(A). 27. Minnesota Statutes, Chapter 238, among other things, requires a level playing field with the incumbent relating to area served (Minn. Stat. § 238.08, Subd. 1(b)) and a mandatory build out requirement within five years in initial cable franchises (Minn Stat. § 238.084 Subd. 1(m)(3)). See Staff Report, § 8(A) -(B), and 11(c). CenturyLink has demonstrated a good faith basis for its position that applicable federal law preempts these provisions of Chapter 238 because they constitute an unreasonable barrier to entry. See Staff Report, § 11(c), and Exhibit 3 at ¶¶ 18- 23. 28. CenturyLink claims the fact that these two provisions of the Minnesota Statutes constitute an unreasonable barrier to entry in the City is evidenced in part by the fact that there has been no facilities -based competitor since the initial cable communications franchise was granted. See Staff Report, Exhibit 3 at ¶¶ 18-23. CenturyLink has agreed to fully defend, indemnify and hold the City and the 6 NMTC harmless in the event this cable television franchise agreement is legally challenged. See Staff Report, § 11(c). 29. The cable television franchise ordinance is substantially similar to the Comcast cable television franchise, but also addresses a reasonable build-out of the City, and economic redlining. 30. The reasonable build-out provisions in the cable television franchise satisfy the state franchise requirement of requiring the cable system to be substantially complete within five (5) years and the federal franchise requirement of allowing a new cable service provider a reasonable period of time to become capable of providing cable service to all households in the franchise area. See Minn. Stat. § 238.084, Subd. 1(m); 47 U.S.C. § 541(a)(4)(A); and Staff Report, §§ 7(A), 7(D)- 7(E), 8(B), and 11(c). 31. The 5-year cable television franchise requires CenturyLink to initially construct its system to serve fifteen percent (15%) of the City over 2 years. CenturyLink is required to make its best efforts to complete its initial deployment in less than 2 years and is required to equitably serve households throughout the City, including a significant number of households below the minimum income of the City. Quarterly meetings will allow the City and the NMTC to monitor CenturyLink's progress and compliance with the cable franchise and, if CenturyLink has market success, the cable television franchise has provisions to accelerate the construction of the cable communications system with the goal being complete coverage of the City by the end of the franchise term. 7 32. The state's cable franchising level playing field statute is satisfied because the cable television franchise requires (1) CenturyLink to pay the same franchise fee as Comcast; (2) the same area of coverage as Comcast; and (3) similar, and in some instances greater, public educational and governmental access requirements. See Minn. Stat. § 238.08, subd. 1(b); Staff Report, §§ 7(G), 8(A), and 11(d). 33. CenturyLink submitted an application that included a design for a state-of-the-art cable system that is capable or reliably providing a panoply of cable services to subscribers as required by the NMTC's Competitive Franchising Policies and Procedures. See Staff Report, § 10(3)(b). 34. The City has considered the financial, technical, and legal qualifications of CenturyLink. See, e.g., Staff Report, § 10(3). 35. CenturyLink has the financial, technical, and legal qualifications to operate a cable communication system in the City. 36. A CenturyLink cable television franchise will provide a meaningful, distinct alternative to existing multichannel video programming distributors (including existing cable, direct broadcast satellite and other companies), will result in greater consumer choice, is in the public interest for economic development in the City. See Staff Report, Exhibits 2 and 3. CenturyLink has also promised to provide additional enhancements to PEG offerings to the City. For example, it has agreed in the franchise to provide every PEG channel in HD and to allow the City to share live programming with other cities in the Twin Cities by providing a Twin Cities Metro PEG Interconnect Network. 8 37. Consumers and residents of the City will also benefit from CenturyLink's competitive presence because it will drive broader deployment of higher broadband speeds. See Staff Report, Exhibits 2 and 3 38. CenturyLink has agreed to an initial deployment area, and it will serve additional areas based upon its market success, as defined in the franchise agreement, which the FCC has deemed to be a reasonable deployment model. See Staff Report, § 7(E)(b). 39. The City and its citizens will benefit from facilities based competition in the cable television market. See Staff Report, § 2. 40. All prior actions of the NMTC related to the CenturyLink Cable Franchise Application are hereby ratified and approved. Therefore, based on the foregoing, the City Council has determined that it is in the best interests of the City and its residents to enter in to a cable television franchise ordinance/agreement with CenturyLink, in the form negotiated by the NMTC and that these Findings of Fact be incorporated therewith. 9 ORDINANCE NO. 13-15 CITY OF LINO LAKES, MINNESOTA CABLE TELEVISION FRANCHISE ORDINANCE Date: , 2015 Prepared by: Michael R. Bradley Bradley Hagen & Gullikson, LLC 1976 Wooddale Drive, Suite 3A Woodbury, MN 55125 Telephone: (651) 379-0900 E -Mail: mike@bradleylawmn.com TABLE OF CONTENTS STATEMENT OF INTENT AND PURPOSE 1 SECTION 1. SHORT TITLE AND DEFINITIONS 1 1.1 Short Title. 1 1.2 Definitions 1 SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 6 2.1 Grant of Franchise 6 2.2 Grant of Nonexclusive Authority 8 2.3 Lease or Assignment Prohibited. 8 2.4 Franchise Term. 9 2.5 Compliance with Applicable Laws, Resolutions and Ordinances. 9 2.6 Rules of Grantee. 10 2.7 Territorial Area Involved. 10 2.8 Written Notice 12 2.9 Effective Date. 13 SECTION 3. CONSTRUCTION STANDARDS 13 3.1 Registration, Permits and Construction Codes. 13 3.2 Restoration of Rights -of -Way and Property. 13 3.3 Conditions on Right -of -Way Use. 14 3.4 Use of Existing Poles and Undergrounding of Cable. 15 3.5 Installation of Facilities 16 3.6 Safety Requirements. 16 3.7 Removal of Facilities at Expiration of Franchise. 17 SECTION 4. DESIGN PROVISIONS 17 4.1 System Facilities and Equipment. 17 4.2 Periodic Progress Reporting. 20 4.3 System Maintenance. 21 4.4 System Tests and Inspections; Special Testing. 21 4.5 Drop Testing and Replacement 22 4.6 FCC Reports 22 4.7 Lockout Capability 22 4.8 Types of Service. 22 4.9 Uses of System 23 4.10 Additional Capacity. 23 SECTION 5. SERVICE PROVISIONS 23 5.1 Customer Service Standards. 23 5.2 Video Programming. 23 5.3 Regulation of Service Rates. 23 5.4 Sales Procedures. 24 5.5 Subscriber Inquiry and Complaint Procedures. 24 5.6 Subscriber Contracts. 25 5.7 Service Credit 25 5.8 Refunds or Credits. 25 5.9 Late Fees. 26 5.10 Notice to Subscribers. 26 5.11 Exclusive Contracts and Anticompetitive Acts Prohibited 27 5.12 Office Availability and Payment Centers. 27 SECTION 6. ACCESS CHANNEL(S) PROVISIONS 27 6.1 Public, Educational and Government Access. 27 6.2 PEG Support Obligations 31 6.3 Regional Channel 6 32 6.4 Leased Access Channels. 32 6.5 PEG Obligations. 32 6.6 Costs and Payments not Franchise Fees. 32 SECTION 7. INSTITUTIONAL NETWORK (I-NET) PROVISIONS AND RELATED COMMITMENTS 32 7.1 Twin Cities Metro PEG Interconnect Network. 32 7.2 Cable Service to Public Buildings. 33 SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS 33 8.1 Administration of Franchise. 33 8.2 Delegated Authority. 33 8.3 Franchise Fee. 34 8.4 Access to Records. 35 8.5 Reports and Maps to be Filed with City. 35 8.6 Periodic Evaluation. 36 SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS 36 9.1 Performance Bond. 36 9.2 Letter of Credit 37 9.3 Indemnification of City. 40 9.4 Insurance. 40 SECTION 10. SALE, ABANDONMENT, TRANSFER AND 41 REVOCATION OF FRANCHISE 41 10.1 City's Right to Revoke 41 10.2 Procedures for Revocation. 42 10.3 Continuity of Service. 42 10.4 Removal After Abandonment, Termination or Forfeiture. 42 10.5 Sale or Transfer of Franchise 43 SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS 45 11.1 Discriminatory Practices Prohibited. 45 11.2. Subscriber Privacy. 45 SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS 46 12.1 Unauthorized Connections or Modifications Prohibited. 46 12.2 Removal or Destruction Prohibited. 46 12.3 Penalty 46 SECTION 13. MISCELLANEOUS PROVISIONS 46 13.1 Franchise Renewal. 46 13.2 Work Performed by Others. 46 13.3 Amendment of Franchise Ordinance. 47 13.4 Compliance with Federal, State and Local Laws 47 13.5 Nonenforcement by City. 48 ii 13.6 Rights Cumulative. 48 13.7 Grantee Acknowledgment of Validity of Franchise. 48 13.8 Force Majeure. 48 13.9 Governing Law. 49 13.10 Captions and References. 49 13.11 Rights of Third Parties. 49 13.12 Merger of Documents. 49 SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 49 14.1 Publication. 49 14.2 Acceptance. 49 14.3 Binding Acceptance. 50 EXHIBIT A INDEMNITY AGREEMENT Ex A 1 iii ORDINANCE NO. 13-15 AN ORDINANCE GRANTING A FRANCHISE TO QWEST BROADBAND SERVICES, INC., D/B/A CENTURYLINK, TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF LINO LAKES, MINNESOTA, FOR THE PURPOSE OF PROVIDING CABLE SERVICE; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY IN CONJUNCTION WITH THE CITY'S RIGHT-OF-WAY ORDINANCE, IF ANY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN. The City Council of the City of Lino Lakes, Minnesota ordains: STATEMENT OF INTENT AND PURPOSE Qwest Broadband Services, Inc., d/b/a CenturyLink ("Grantee"), applied for a cable franchise to serve the City. The City will adopt separate findings related to the application and the decision to grant a cable franchise to Grantee, which shall be incorporated herewith by reference. The City intends, by the adoption of this Franchise, to bring about competition in the delivery of cable services in the City. Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and its residents. SECTION 1. SHORT TITLE AND DEFINITIONS 1.1 Short Title. This Franchise Ordinance shall be known and cited as the "CenturyLink Cable Franchise Ordinance." 1.2 Definitions. For purposes of this Franchise, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; words in the singular number include the plural; and the masculine gender includes the feminine gender. Unless otherwise expressly stated, words not defined herein or in the City Code shall be given the meaning set forth in applicable law and, if not defined therein, the words shall be given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory. 1.2.1 "Actual Cost" means the incremental cost to the Grantee of materials, capitalized labor and borrowing necessary to install and construct fiber-optic lines, coaxial cable and/or equipment. 1.2.2 "Affiliate" means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with the Grantee. 1.2.3 "Basic Cable Service" means the lowest priced tier of Cable Service that includes the lawful retransmission of local television broadcast signals and any public, educational and governmental access programming required by this Franchise to be carried on the basic tier. Basic Cable Service as defined herein shall not be inconsistent with 47 U.S.C. § 543(b)(7). 1.2.4 "Cable Service" or "Service" means (1) the one-way transmission to Subscribers of (a) video programming or (b) other programming services; and (2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming services. Cable Service shall also include any video programming service for which a franchise from a local government is permitted under state law. 1.2.5 "Cable System" or "System" means the facility of the Grantee consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Service, which includes video programming and which is provided to multiple Subscribers within the City, but such term does not include: (1) a facility that only serves to retransmit the television signals of one or more television broadcast stations; (2) a facility that serves Subscribers without using any Rights -of -Way; (3) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act, except that such facility shall be considered a System (other than for purposes of 47 U.S.C. § 541(c)) if such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on -demand services; (4) an open video system that complies with 47 U.S.C. § 573; (5) any facilities of any electric utility used solely for operating its electric utility system; or (6) a translator system which receives and rebroadcasts over -the -air signals. A reference to the System in this Franchise refers to any part of such System including, without limitation, Set Top Boxes. The foregoing definition of "System" shall not be deemed to circumscribe or limit the valid authority of the City to regulate or franchise the activities of any other communications system or provider of communications service to the full extent permitted by law. "Cable System" or "System" as defined herein shall not be inconsistent with the definitions set forth in applicable law. Any reference to "Cable System" or "System" herein, which system is owned or operated by a Person or governmental body other than the Grantee, shall be defined the same as this Section 1.2.5. This definition shall include any facility that is a "cable system" under federal law or a "cable communications system" under state law. 1.2.6 "City" means the City of Lino Lakes, Minnesota, a municipal corporation, in the State of Minnesota, acting by and through its City Council, or its lawfully appointed designee. 2 1.2.7 "City Code" means the Lino Lakes City Code, as amended from time to time. 1.2.8 "Commission" means the North Metro Telecommunications Commission, a municipal joint powers consortium comprised of the municipalities of Blaine, Centerville, Circle Pines, Ham Lake, Lexington, Lino Lakes and Spring Lake Park, Minnesota. In the event the City lawfully withdraws from the Commission, any reference to the Commission in this Franchise shall thereafter be deemed a reference to the City, and the rights and obligations related thereto shall, where possible, accrue pro rata to the City, pursuant to a transition agreement to be negotiated at such time by and between the City, the Commission and the Grantee. The total burden of Grantee's obligations under this Franchise and the Grantee's Franchise with the other member cities of the Commission shall not be increased as a result of any such withdrawal. 1.2.9 "CPI" means the annual average of the Consumer Price Index for all Urban Consumers (CPI -U) for the Minneapolis -St. Paul CMSA, as published by the Bureau of Labor Statistics. 1.2.10 "Drop"" means the cable that connects the ground block on the Subscriber's residence or institution to the nearest feeder cable of the System. 1.2.11 "Educational Access Channel" or "Educational Channel" means any channel on the System set aside by the Grantee for Noncommercial educational use by educational institutions, as contemplated by applicable law. 1.2.12 "FCC" means the Federal Communications Commission, its designee, and any legally appointed, designated or elected agent or successor. 1.2.13 "Franchise" or "Cable Franchise" means this ordinance, as may be amended from time to time, any exhibits attached hereto and made a part hereof, and the regulatory and contractual relationship established hereby. 1.2.14 "Governmental Access Channel" or "Governmental Channel" means any channel on the System set aside by the Grantee for Noncommercial use by the City or its delegatee. 1.2.15 "Grantee" is Qwest Broadband Services, Inc., d/b/a CenturyLink, and its lawful successors, transferees or assignees. 1.2.16 "Gross Revenues" means any and all revenues arising from or attributable to, or in any way derived directly or indirectly by the Grantee or its Affiliates, subsidiaries, or parent, or by any other entity that is a cable operator of the System, from the operation of the Grantee's System to provide Cable Services (including cash, credits, property or other consideration of any kind or nature). Gross Revenues include, by way of illustration and not limitation, monthly fees charged to Subscribers for any basic, optional, premium, per -channel, or per - 3 program service, or other Cable Service including, without limitation, Installation, disconnection, reconnection, and change -in-service fees; Lockout Device fees; Leased Access Channel fees; late fees and administrative fees; fees, payments or other consideration received from programmers for carriage of programming on the System and accounted for as revenue under GAAP; revenues from rentals or sales of Set Top Boxes or other equipment; fees related to commercial and institutional usage of the System; advertising revenues; interest; barter; revenues from program guides; franchise fees; and revenues to the System from home shopping, bank -at-home channels and other revenue sharing arrangements. Gross Revenues shall include revenues received by an entity other than the Grantee, an Affiliate or another entity that operates the System where necessary to prevent evasion or avoidance of the Grantee's obligation under this Franchise to pay the franchise fee. Gross Revenues shall not include: (i) to the extent consistent with generally accepted accounting principles, actual bad debt write-offs, provided, however, that all or part of any such actual bad debt that is written off but subsequently collected shall be included in Gross Revenues in the period collected; (ii) any taxes on services furnished by the Grantee imposed by any municipality, state or other governmental unit, provided that franchise fees shall not be regarded as such a tax; (iii) FCC regulatory fees; (iv) Subscriber credits, adjustments or refunds; (v) PEG Fees; or (vi) refundable Subscriber deposits. 1.2.17 "Household" means a distinct address in the Qwest Corporation ("QC") network database, whether a residence or small business, subscribing to or being offered cable service. Grantee represents and warrants that it has access to the QC network database and shall demonstrate to the City's reasonable satisfaction how the data required in Section 2 are calculated and reported using the QC network database. 1.2.18 "Installation" means the connection of the System from feeder cable to the point of connection with the Subscriber Set Top Boxes or other terminal equipment. 1.2.19 "Leased Access Channel" means channels on the System which are designated or dedicated for use by a Person unaffiliated with the Grantee pursuant to 47 U.S.C. § 532. 1.2.20 "Lockout Device" means an optional mechanical or electrical accessory to a Subscriber's terminal, which inhibits the viewing of a certain program, certain channel or certain channels provided by way of the Cable System. 1.2.21 "Node" means the transition point between optical light transmission (fiber-optic cable) and the transmission of video and data signals being delivered to and received from the Subscriber's home. 1.2.22 "Noncommercial" means, in the context of PEG channels, that particular products and services are not promoted or sold. This term shall not be interpreted to prohibit a PEG channel operator or programmer from soliciting and receiving 4 voluntary financial support to produce and transmit video programming on a PEG channel, or from acknowledging a contribution. 1.2.23 "Normal Operating Conditions" means those service conditions that are within the control of the Grantee. Conditions that are ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the System . Conditions that are not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. 1.2.24 "North Metro Franchise Area" means the geographic area consisting of the Minnesota cities of Blaine, Centerville, Circle Pines, Ham Lake, Lexington, Lino Lakes and Spring Lake Park. 1.2.25 "North Metro System" means the Cable System operated pursuant to this Franchise and located in the member municipalities of the Commission. 1.2.26 "PEG" means public, educational, religious and governmental. 1.2.27 "Person" means any individual, partnership, association, joint stock company, joint venture, domestic or foreign corporation, stock or non -stock corporation, limited liability company, professional limited liability corporation, or other organization of any kind, or any lawful successor or transferee thereof, but such term does not include the City or the Commission. 1.2.28 "Public Access Channel(s)" means any channels on the System set aside by the Grantee for Noncommercial use by the general public, as contemplated by applicable law. 1.2.29 "Right -of -Way" or "Rights -of -Way" means the surface, air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within the City owned by or under control of the City, or dedicated for general public use by the City, including, but not limited to, any riparian right, which, consistent with the purposes for which it was created, obtained or dedicated, may be used for the purpose of installing, operating and maintaining a System. No reference herein to a "Right -of -Way" shall be deemed to be a representation or guarantee by the City that its interest or other right to control or use such property is sufficient to permit its use for the purpose of installing, operating and maintaining the System. 1.2.30 "Right -of -Way Ordinance" means any ordinance of the City codifying requirements regarding regulation, management and use of Rights -of -Way in the City, including registration, fees, and permitting requirements. 5 1.2.31 "Set Top Box" means an electronic device (sometimes referred to as a receiver) which may serve as an interface between a System and a Subscriber's television monitor, and which may convert signals to a frequency acceptable to a television monitor of a Subscriber and may, by an appropriate selector, permit a Subscriber to view all signals of a particular service. 1.2.32 "State" means the State of Minnesota, its agencies and departments. 1.2.33 "Subscriber" means any Person that lawfully receives service via the System with the Grantee's express permission. In the case of multiple office buildings or multiple dwelling units, the term "Subscriber" means the lessee, tenant or occupant. 1.2.34 "System Upgrade" means the improvement or enhancement in the technology or service capabilities made by the Grantee to the System as more fully described in Section 4. SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 2.1 Grant of Franchise. This Franchise is granted pursuant to the terms and conditions contained herein and in applicable law. The Grantee, the City and the Commission shall comply with all provisions of this Franchise and applicable law, regulations and codes. Failure of the Grantee to construct, operate and maintain a System as described in this Franchise, or to meet obligations and comply with all provisions herein, may be deemed a violation of this Franchise. 2.1.1 Nothing in this Franchise shall be deemed to waive the lawful requirements of any generally applicable City ordinance existing as of the Effective Date. 2.1.2 Each and every term, provision or condition herein is subject to the provisions of state law, federal law, and local ordinances and regulations. The Municipal Code of the City, as the same may be amended from time to time, is hereby expressly incorporated into this Franchise as if fully set out herein by this reference. Notwithstanding the foregoing, the City may not unilaterally alter the material rights and obligations of Grantee under this Franchise. 2.1.3 This Franchise shall not be interpreted to prevent the City from imposing additional lawful conditions, including additional compensation conditions for use of the Rights -of -Way, should Grantee provide service other than cable service. 2.1.4 The parties acknowledge that Grantee intends that Qwest Corporation ("QC"), an affiliate of Grantee, will be primarily responsible for the construction and installation of the facilities in the Rights -of -Way, constituting the cable communications system, which 6 will be utilized by Grantee to provide cable service. Grantee promises, as a condition of exercising the privileges granted by this Franchise, that any affiliate of the Grantee, including QC, directly or indirectly involved in the construction, management, or operation of the cable communications system will comply with all applicable federal, state and local laws, rules and regulations regarding the use of the City's rights of way. The City agrees that to the extent QC violates any applicable laws, rules and regulations, the City shall first seek compliance directly from QC. In the event, the City cannot resolve these violations or disputes with QC, or any other affiliate of Grantee, then the City may look to Grantee to ensure such compliance. Failure by Grantee to ensure QC's or any other affiliate's compliance with applicable laws, rules and regulations shall be deemed a material breach of this Franchise by Grantee. To the extent Grantee constructs and installs facilities in the rights-of-way, such installation will be subject to the terms and conditions contained herein. 2.1.5 No rights shall pass to Grantee by implication. Without limiting the foregoing, by way of example and not limitation, this Franchise shall not include or be a substitute for: (1) Any other permit or authorization required for the privilege of transacting and carrying on a business within the City that may be required by the ordinances and laws of the City; (2) Any permit, agreement, or authorization required by the City for Right -of - Way users in connection with operations on or in Rights -of -Way or public property including, by way of example and not limitation, street cut permits; or (3) Any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by this Franchise including, without limitation, permits and agreements for placing devices on poles, in conduits or in or on other structures. 2.1.6 This Franchise is intended to convey limited rights and interests only as to those Rights -of -Way in which the City has an actual interest. It is not a warranty of title or interest in any Right -of -Way; it does not provide the Grantee with any interest in any particular location within the Right -of -Way; and it does not confer rights other than as expressly provided in the grant hereof. 2.1.7 This Franchise does not authorize Grantee to provide telecommunications service, or to construct, operate or maintain telecommunications facilities. This Franchise is not a bar to imposition of any lawful conditions on Grantee with respect to telecommunications, whether similar, different or the same as the conditions specified herein. This Franchise does not relieve Grantee of any obligation it may have to obtain from the City an authorization to provide telecommunications services, or to construct, operate or maintain telecommunications facilities, or relieve Grantee of its obligation to comply with any such authorizations that may be lawfully required. 7 2.2 Grant of Nonexclusive Authority. 2.2.1 Subject to the terms of this Franchise, the City hereby grants the Grantee the right to own, construct, operate and maintain a System in, along, among, upon, across, above, over, or under the Rights -of -Way. The grant of authority set forth in this Franchise applies only to the Grantee's provision of Cable Service; provided, however, that nothing herein shall limit the Grantee's ability to use the System for other purposes not inconsistent with applicable law or with the provision of Cable Service; and provided further, that any local, State and federal authorizations necessary for the Grantee's use of the System for other purposes are obtained by the Grantee. This Franchise does not confer any rights other than as expressly provided herein, or as provided by federal, State or local law. No privilege or power of eminent domain is bestowed by this Franchise or grant. The System constructed and maintained by Grantee or its agents pursuant to this Franchise shall not interfere with other uses of the Rights -of -Way. The Grantee shall make use of existing poles and other aerial and underground facilities available to the Grantee to the extent it is technically and economically feasible to do so. 2.2.2 Notwithstanding the above grant to use Rights -of -Way, no Right -of -Way shall be used by the Grantee if the City determines that such use is inconsistent with the terms, conditions, or provisions by which such Right -of -Way was created or dedicated, or with the present use of the Right -of -Way. 2.2.3 This Franchise and the right it grants to use and occupy the Rights -of -Way shall not be exclusive and this Franchise does not, explicitly or implicitly, preclude the issuance of other franchises or similar authorizations to operate Cable Systems within the City. Provided, however, that the City shall not authorize or permit itself or another Person or governmental body to construct, operate or maintain a Cable System on material terms and conditions which are, taken as a whole, more favorable or less burdensome than those applied to the Grantee. 2.2.4 This Franchise authorizes only the use of Rights -of -Way for the provision of Cable Service. Therefore, the grant of this Franchise and the payment of franchise fees hereunder shall not exempt the Grantee from the obligation to pay compensation or fees for the use of City property, both real and personal, other than the Rights -of -Way; provided, however, that such compensation or fees are required by City ordinance, regulation or policy and are nondiscriminatory. 2.3 Lease or Assignment Prohibited. No Person or governmental body may lease Grantee's System for the purpose of providing Cable Service until and unless such Person shall have first obtained and shall currently hold a valid Franchise or other lawful authorization containing substantially similar burdens and obligations to this Franchise, including, without limitation, a requirement on such Person to pay franchise fees on such Person's or governmental body's use of the System to provide Cable Services, to the extent there would be such a 8 requirement under this Franchise if the Grantee itself were to use the System to provide such Cable Service. Any assignment of rights under this Franchise shall be subject to and in accordance with the requirements of Section 10.5. 2.4 Franchise Term. This Franchise shall be in effect for a period of five (5) years, such term commencing on the Effective Date specified in Section 2.10, unless sooner renewed, extended, revoked or terminated as herein provided. 2.5 Compliance with Applicable Laws, Resolutions and Ordinances. 2.5.1 The terms of this Franchise shall define the contractual rights and obligations of the Grantee with respect to the provision of Cable Service and operation of the System in the City. However, the Grantee shall at all times during the term of this Franchise be subject to the lawful exercise of the police powers of the City, the City's right to adopt and enforce additional generally applicable ordinances and regulations, and lawful and applicable zoning, building, permitting and safety ordinances and regulations. The grant of this Franchise does not relieve the Grantee of its obligations to obtain any generally applicable licenses, permits or other authority as may be required by the City Code, as it may be amended, for the privilege of operating a business within the City or for performing work on City property or within the Rights -of -Way, to the extent not inconsistent with this Franchise. Except as provided below, any modification or amendment to this Franchise, or the rights or obligations contained herein, must be within the lawful exercise of the City's police powers, as enumerated above, in which case the provision(s) modified or amended herein shall be specifically referenced in an ordinance of the City authorizing such amendment or modification. This Franchise may also be modified or amended with the written consent of the Grantee as provided in Section 13.3 herein. 2.5.2 The Grantee shall comply with the terms of any City ordinance or regulation of general applicability which addresses usage of the Rights -of -Way within the City which may have the effect of superseding, modifying or amending the terms of Section 3 and/or Section 8.5.3 herein; except that the Grantee shall not, through application of such City ordinance or regulation of Rights -of -Way, be subject to additional burdens with respect to usage of Rights -of -Way that exceed burdens on similarly situated Right -of -Way users. 2.5.3 In the event of any conflict between Section 3 and/or Section 8.5.3 of this Franchise and any lawfully applicable City ordinance or regulation which addresses usage of the Rights -of -Way, the conflicting terms in Section 3 and/or Section 8.5.3 of this Franchise shall be superseded by such City ordinance or regulation; except that the Grantee shall not, through application of such City ordinance or regulation of Rights - of -Way, be subject to additional burdens with respect to usage of Public Rights -of - Way that exceed burdens on similarly situated Right -of -Way users. 9 2.5.4 In the event any lawfully applicable City ordinance or regulation which addresses usage of the Rights -of -Way adds to, modifies, amends, or otherwise differently addresses issues addressed in Section 3 and/or Section 8.5.3 of this Franchise, the Grantee shall comply with such ordinance or regulation of general applicability, regardless of which requirement was first adopted; except that the Grantee shall not, through application of such City ordinance or regulation of Rights -of -Way, be subject to additional burdens with respect to usage of Rights -of -Way that exceed burdens on similarly situated Rights -of -Way users. 2.5.5 In the event the Grantee cannot determine how to comply with any Right -of -Way requirement of the City, whether pursuant to this Franchise or other requirement, the Grantee shall immediately provide written notice of such question, including the Grantee's proposed interpretation, to the City. The City shall provide a written response within ten (10) business days of receipt indicating how the requirements cited by the Grantee apply. The Grantee may proceed in accordance with its proposed interpretation in the event a written response is not received within thirteen (13) business days of mailing or delivering such written question. 2.6 Rules of Grantee. The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to exercise its rights and perform its obligations under this Franchise and applicable law, and to assure uninterrupted service to each and all of its Subscribers; provided that such rules, regulations, terms and conditions shall not be in conflict with provisions hereto, the rules of the FCC, the laws of the State of Minnesota, the City, or any other body having lawful jurisdiction. 2.7 Territorial Area Involved. This Franchise is granted for the corporate boundaries of the City, as they exist from time to time. 2.7.1 Reasonable Build -Out of the Entire City. The Parties recognize that Grantee, or its affiliate, has constructed a legacy communications system throughout the City that is capable of providing voice grade service. The Parties further recognize that Grantee or its affiliate must expend a significant amount of capital to upgrade its existing legacy communications system and to construct new facilities to make it capable of providing cable service. Further, there is no promise of revenues from cable service to offset these capital costs. The Parties agree that the following is a reasonable build -out schedule taking into consideration Grantee's market success and the requirements of Minnesota state law. (i) Complete Equitable Build -Out. Grantee aspires to provide cable service to all households within the City by the end of the initial term of this Franchise. In 10 addition, Grantee commits that a significant portion of its investment will be targeted to areas below the median income in the City. (ii) Initial Minimum Build -Out Commitment. Grantee agrees to be capable of serving a minimum of fifteen percent (15%) of the City's households with cable service during the first two (2) years of the initial Franchise term, provided, however that Grantee will make its best efforts to complete such deployment within a shorter period of time. This initial minimum build -out commitment shall include deployment equitably throughout the City and to a significant number of households below the medium income in the City. Nothing in this Franchise shall restrict Grantee from serving additional households in the City with cable service; (iii) Quarterly Meetings. Commencing January 1, 2016, and continuing throughout the term of this Franchise, Grantee shall meet quarterly with the Executive Director of the Commission. At each quarterly meeting, Grantee shall present information acceptable to the City/Commission (to the reasonable satisfaction of the City/Commission) showing the number of Households Grantee is presently capable of serving with cable service and the number of Households that Grantee is actually serving with cable service. Grantee shall also present information acceptable to the City/Commission (to the reasonable satisfaction of the City/Commission) that Grantee is equitably serving all portions of the City in compliance with this subsection 2.7.1. In order to permit the City/Commission to monitor and enforce the provisions of this section and other provisions of this Franchise, the Grantee shall promptly, upon reasonable demand, show to the City/Commission (to the City/Commission's reasonable satisfaction) maps and provide other documentation showing exactly where within the City the Grantee is currently providing cable service; (iv) Additional Build -Out Based on Market Success. If, at any quarterly meeting, Grantee is actually serving twenty seven and one-half percent (27.5%) of the Households capable of receiving cable service, then Grantee agrees the minimum build -out commitment shall increase to include all of the Households then capable of receiving cable service plus an additional fifteen (15%) of the total households in the City, which Grantee agrees to serve within two (2) years from the quarterly meeting; provided, however, the Grantee shall make its best efforts to complete such deployment within a shorter period of time. For example, if, at a quarterly meeting with the Commission's Executive Director, Grantee shows that it is capable of serving sixty percent of the households in the City with cable service and is actually serving thirty percent of those Households with cable service, then Grantee will agree to serve an additional fifteen percent of the total households in the City no later than 2 years after that quarterly meeting (a total of 75% of the total households). This additional build -out based on market success shall continue until every household in the City is served; (v) Line Extension. Grantee shall not have a line extension obligation until the first date by which Grantee is providing Cable Service to more than fifty percent 11 (50%) of all subscribers receiving facilities based cable service from both the Grantee and any other provider(s) of cable service within the City. At that time, the City/Commission, in its reasonable discretion and after meeting with Grantee, shall determine the timeframe to complete deployment to the remaining households in the City, including a density requirement that is the same or similar to the requirement of the incumbent franchised cable operator. 2.8 Written Notice. All notices, reports or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of the Grantee or the City's designated Franchise administrator, or forty-eight (48) hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Attention: City Manager/Administrator With copies to: Executive Director North Metro Telecommunications Commission 12520 Polk Street N.E. Blaine, MN 55434 And to: Michael R. Bradley Bradley Hagen & Gullikson, LLC 1976 Wooddale Drive, Suite 3A Woodbury, MN 55125 If to Grantee: Qwest Broadband Services, Inc. d/b/a CenturyLink 1801 California St., 10th Flr. Denver, CO 80202 Attn: Public Policy With copies to: Qwest Broadband Services Inc., d/b/a CenturyLink 200 S. 5th Street, 21' Flr. Minneapolis, MN 55402 Attn: Public Policy Such addresses may be changed by either party upon notice to the other party given as provided in this Section. 12 2.9 Effective Date. This Franchise shall become effective after: (i) all conditions precedent to its effectiveness as an ordinance of the City have occurred; (ii) all conditions precedent to its execution are satisfied; (iii) it has been approved by the City Council in accordance with applicable law; and (iv) it has been accepted and signed by the Grantee and the City in accordance with Section 14 (the "Effective Date"). SECTION 3. CONSTRUCTION STANDARDS 3.1 Registration, Permits and Construction Codes. 3.1.1 The Grantee shall strictly adhere to all State and local laws, regulations and policies adopted by the City Council applicable to the location, construction, installation, operation or maintenance of the System in the City. The City and/or its delegatee has the right to supervise all construction or installation work performed in the Rights -of -Way as it shall find necessary to ensure compliance with the terms of this Franchise and other applicable provisions of law and regulations. 3.1.2 Failure to obtain permits or to comply with permit requirements shall be grounds for revocation of this Franchise, or any lesser sanctions provided herein or in any other applicable law, code or regulation. 3.2 Restoration of Rights-of-Wav and Property. Any Rights -of -Way, or any sewer, gas or water main or pipe, drainage facility, electric, fire alarm, police communication or traffic control facility of the City, or any other public or private property, which is disturbed, damaged or destroyed during the construction, repair, replacement, relocation, operation, maintenance, expansion, extension or reconstruction of the System shall be promptly and fully restored, replaced, reconstructed or repaired by the Grantee, at its expense, to the same condition as that prevailing prior to the Grantee's work, to the extent consistent with applicable statutes and rules. It is agreed that in the normal course, with respect to fire and police department facilities and equipment, and water and sewer facilities, and other essential utilities and services, as determined by the City, such restoration, reconstruction, replacement or repairs shall be commenced immediately after the damage, disturbance or destruction is incurred, and the Grantee shall take diligent steps to complete the same, unless an extension of time is obtained from the appropriate City agency or department. In all other cases, reconstruction, replacement, restoration or repairs shall be commenced within no more than three (3) days after the damage, disturbance or destruction is incurred, and shall be completed as soon as reasonably possible thereafter. If the Grantee shall fail to perform the repairs, replacement, reconstruction or restoration required herein, the City shall have the right to put the Rights -of -Way, public or private property back into good condition. In the event City determines that the Grantee is responsible for such disturbance or 13 damage, the Grantee shall be obligated to fully reimburse the City for required repairs, reconstruction and restoration. 3.3 Conditions on Right -of -Way Use. 3.3.1 Nothing in this Franchise shall be construed to prevent the City from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any Right -of -Way; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating or repairing any sidewalk or other public work. 3.3.2 All System transmission and distribution structures, lines and equipment erected by the Grantee within the City shall be located so as not to obstruct or interfere with the use of Rights -of -Way except for normal and reasonable obstruction and interference which might occur during construction and to cause minimum interference with the rights of property owners who abut any of said Rights -of - Way and not to interfere with existing public utility installations. 3.3.3 The Grantee shall, at its sole expense, by a reasonable time specified by the City, protect, support, temporarily disconnect, relocate or remove any of its property when required by the City by reason of traffic conditions; public safety; Rights - of -Way construction; street maintenance or repair (including resurfacing or widening); change in Right -of -Way grade; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks or any other type of government-owned communications or traffic control system, public work or improvement of government-owned utility; Right -of -Way vacation; or for any other purpose where the convenience of the City would be served thereby. If the Grantee fails, neglects or refuses to comply with the City's request, the City may protect, support, temporarily disconnect, relocate or remove the appropriate portions of the System at the Grantee's expense for any of the City's incremental costs incurred as a result of the Grantee's failure to comply. Except for the City's gross negligence, the City shall not be liable to the Grantee for damages resulting from the City's protection, support, disconnection, relocation or removal, as contemplated in the preceding sentence. 3.3.4 The Grantee shall not place poles, conduits or other fixtures of the System above or below ground where the same will interfere with any gas, electric, telephone, water or other utility fixtures and all such poles, conduits or other fixtures placed in any Right -of -Way shall be so placed as to comply with all lawful requirements of the City. 3.3.5 The Grantee shall, upon request of any Person holding a moving permit issued by the City, temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same. The Grantee shall be given not less than ten (10) days' advance written notice to arrange for such temporary wire changes. 14 3.3.6 To the extent consistent with generally applicable City Code provisions, rules and regulations, the Grantee shall have the right to remove, cut, trim and keep clear of its System trees or other vegetation in and along or overhanging the Rights -of - Way. However, in the exercise of this right, the Grantee agrees not to cut or otherwise injure said trees to any greater extent than is reasonably necessary. All trimming shall be performed at no cost to the City, the Commission or a homeowner. 3.3.7 The Grantee shall use its best efforts to give prior notice to any adjacent private property owners who will be negatively affected or impacted by Grantee's work in the Rights -of -Way. 3.3.8 If any removal, relaying or relocation is required to accommodate the construction, operation or repair of the facilities of a Person that is authorized to use the Rights -of -Way, the Grantee shall, after thirty (30) days' advance written notice and payment of all costs by such Person, commence action to effect the necessary changes requested by the responsible entity. If multiple responsible parties are involved, the City may resolve disputes as to the responsibility for costs associated with the removal, relaying or relocation of facilities among entities authorized to install facilities in the Rights -of -Way if the parties are unable to do so themselves, and if the matter is not governed by a valid contract between the parties or any State or federal law or regulation. 3.3.9 In the event the System is contributing to an imminent danger to health, safety or property, as reasonably determined by the City, after providing actual notice to the Grantee, if it is reasonably feasible to do so, the City may remove or relocate any or all parts of the System at no expense to the City or the Commission other than the City's cost to act on such determination. 3.4 Use of Existing Poles and Undergrounding of Cable. 3.4.1 Where existing poles, underground conduits, ducts or wire holding structures are available for use by the Grantee, but it does not make arrangements for such use, the City may require, through the established permit, or any other applicable procedure, the Grantee to use such existing poles and wire holding structures if the City determines that the public convenience would be enhanced thereby and the terms available to the Grantee for the use of such poles and structures are just and reasonable. 3.4.2 The Grantee agrees to place its cables, wires or other like facilities underground, in the manner as may be required by the provisions of the City Code and City policies, procedures, rules and regulations, as amended from time to time, where all utility facilities are placed underground. The Grantee shall not place facilities, equipment or fixtures where they will interfere with any existing gas, electric, telephone, water, sewer or other utility facilities or with any existing installations 15 of the City, or obstruct or hinder in any manner the various existing utilities serving the residents of the City. To the extent consistent with the City Code, City policies, procedures, rules and regulations, System cable and facilities may be constructed overhead where poles exist and electric or telephone lines or both are now overhead. However, in no case may the Grantee install poles in areas of the City where underground facilities are generally used by the utilities already operating. If the City, at a future date, requires all electric and telephone lines to be placed underground in all or part of the City, the Grantee shall, within a reasonable time, similarly move its cables and lines. If the City reimburses or otherwise compensates any Person using the Rights -of -Way for the purpose of defraying the cost of any of the foregoing, the City shall also reimburse the Grantee in the same manner in which other Persons affected by the requirement are reimbursed. If the funds are controlled by another governmental entity, the City shall not oppose or otherwise hinder any application for or receipt of such funds on behalf of the Grantee. 3.5 Installation of Facilities. 3.5.1 No poles, towers, conduits, amplifier boxes, pedestal mounted terminal boxes, similar structures or other wire -holding structures shall be erected or installed by the Grantee without obtaining any required permit or other authorization from the City. 3.5.2 No placement of any pole or wire holding structure of the Grantee is to be considered a vested fee interest in the Rights -of -Way or in City property. Whenever feasible, all transmission and distribution structures, lines, wires, cables, equipment and poles or other fixtures erected by the Grantee within the City are to be so located and installed as to cause minimum interference with the rights and convenience of property owners. 3.6 Safety Requirements. 3.6.1 All applicable safety practices required by law shall be used during construction, maintenance and repair of the System. The Grantee agrees, at all times, to employ ordinary and reasonable care and to install and maintain in use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage or injuries to the public or to property. All structures and all lines, equipment and connections in the Rights -of -Way shall at all times be kept and maintained in a safe condition, consistent with applicable safety codes. 3.6.2 The Grantee's construction, operation or maintenance of the System shall be conducted in such a manner as not to interfere with City communications technologies related to the health, safety and welfare of City residents. 16 3.6.3 The Grantee shall install and maintain such devices as will apprise or warn Persons and governmental entities using the Rights -of -Way of the existence of work being performed on the System in Rights -of -Way. 3.6.4 The Grantee shall be a member of the One Call Notification System (otherwise known as "Gopher State One Call") or its successor, and shall field mark the locations of its underground facilities upon request. Throughout the term of this Franchise, the Grantee shall identify the location of its facilities for the City or the Commission at no charge to the City or the Commission. 3.7 Removal of Facilities at Expiration of Franchise. At the expiration of the term for which this Franchise is granted, or upon the expiration of any renewal or extension period which may be granted, the City shall have the right to require the Grantee, at the Grantee's sole expense: (i) to remove all portions of the System from all Rights -of -Way within the City; and (ii) to restore affected sites to their original condition, unless Grantee, or its affiliate, has a separate authorization from the City to occupy the City's Rights -of -Way. Should the Grantee fail, refuse or neglect to comply with the City's directive, all portions of the System, or any part thereof, may at the option of the City become the sole property of the City, at no expense to the City, or be removed, altered or relocated by the City at the cost of the Grantee. The City shall not be liable to the Grantee for damages resulting from such removal, alteration or relocation. SECTION 4. DESIGN PROVISIONS 4.1 System Facilities and Equipment. 4.1.1 Grantee shall develop, construct and operate a state-of-the-art cable communications system, constructed in accordance with Section 2.7.1, which shall have at least the following characteristics: 4.1.1.1 A modern design when built, utilizing an architecture that will permit additional improvements necessary for high-quality and reliable service throughout the Franchise term, and the capability to operate continuously on a twenty-four (24) hour a day basis without severe material degradation during operating conditions typical to the Minneapolis/St. Paul metropolitan area; 4.1.1.2 Standby power generating capacity at the headend. The Grantee shall maintain standby power generators capable of powering all headend equipment for at least twenty-four (24) hours. The back- up power supplies serving the System shall be capable of providing power to the System for not less than three (3) hours per occurrence measured on an annual basis according to manufacturer specifications in the event of an electrical outage. The Grantee shall maintain sufficient portable generators to be deployed in the 17 event that the duration of a power disruption is expected to exceed three (3) hours; 4.1.1.3 Facilities of good and durable quality, generally used in high- quality, reliable systems of similar design; 4.1.1.4 A System that conforms to or exceeds all applicable FCC technical performance standards, as amended from time to time, which standards are incorporated herein by reference, and any other applicable technical performance standards. Upstream signals shall at all times meet or exceed manufacturers' specifications for successful operation of upstream equipment provided by the Grantee or approved for use by the Grantee at any Subscriber's premises. End of the line performance must meet or exceed FCC specifications at the end of the Subscriber Drop; 4.1.1.5 A System shall, at all times, comply with applicable federal, State and local rules, regulations, practices and guidelines pertaining to the construction, upgrade, operation, extension and maintenance of Cable Systems, including, by way of example (but not limitation): (A) National Electrical Code, as amended from time to time; and (B) National Electrical Safety Code (NESC), as amended from time to time; 4.1.1.6 Facilities and equipment sufficient to cure violations of FCC technical standards and to ensure that Grantee's System remains in compliance with the standards specified in subsection 4.1.1.5; 4.1.1.7 Such facilities and equipment as necessary to maintain, operate and evaluate the Grantee's System for compliance with FCC technical and customer service standards, as such standards may hereafter be amended; 4.1.1.8 Status monitoring equipment to alert the Grantee when and where back-up power supplies are being used, which capability shall be activated and used on or before the completion of the System Upgrade; 4.1.1.9 All facilities and equipment required to properly test the System and conduct an ongoing and active program of preventative and demand maintenance and quality control, and to be able to quickly respond to customer complaints and resolve System problems; 18 4.1.1.10 4.1.1.11 4.1.1.12 Antenna supporting structures designed in accordance with any applicable governmental building codes, as amended, and painted, lighted and erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration, the Federal Communications Commission and all other applicable codes and regulations; Facilities and equipment at the headend allowing the Grantee to transmit or cablecast signals in substantially the form received, without substantial alteration or deterioration; The Grantee shall provide adequate security provisions in its Subscriber site equipment to permit parental control over the use of Grantee's Cable Service. The Grantee, however, shall bear no responsibility for the exercise of parental controls and shall incur no liability for any Subscriber's or viewer's exercise or failure to exercise such controls; 4.1.1.13 Facilities and equipment capable of operating within the temperature ranges typical to the climate of the North Metro Franchise Area over the calendar year; 4.1.1.14 4.1.1.15 The System shall be so constructed and operated that there is no perceptible deterioration in the quality of Public, Educational, Governmental or religious Access Channel signals after delivery of such signals to the first interface point with Grantee's bi- directional fiber PEG transport line, Grantee's headend or the subscriber network, whichever is applicable, as compared with the quality of any other channel on the System. As used in this paragraph, "deterioration" refers to delivery that is within the control of the Grantee; and The Grantee must have TDD/TYY (or equivalent) equipment at the company office, and a publicly listed telephone number for such equipment, that will allow hearing impaired customers to contact the company. 4.1.2 Emergency Alert System. At all times during the term of this Franchise, Grantee shall provide and maintain an Emergency Alert System ("EAS"), consistent with applicable federal law and regulations including 47 C.F.R., Part 11, and any State of Minnesota Emergency Alert System Plan requirements. The EAS shall allow authorized officials to override the audio and video signals on all Channels to transmit and report emergency information. In the case of any sudden, unforeseen event that has the potential to cause significant damage, destruction, or loss of life, Grantee shall make the EAS available without charge and in a manner consistent with any State of Minnesota 19 Emergency Alert System Plan ("Plan") for the duration of such sudden, unforeseen event. Grantee shall cooperate with designated state officials to test the emergency override system, for periods not to exceed one minute in duration and not more than once every six months, and upon request by the City, provide verification of compliance with any State Plan. The City may identify authorized emergency officials for activating Grantee's EAS consistent with the State's Plan, and the City may also develop a local plan containing methods of EAS message distribution, subject to applicable laws. 4.1.3 During construction activities related to the System, the Grantee shall attempt to identify and take into account the Cable Service interests of the business community within the City. The Grantee shall, in connection with System construction, install conduit adequately sized to address future System rebuilds or System additions, with the intent to obviate the need to reopen the Rights -of -Way for construction and installation work. 4.1.4. The City may request, as part of the System construction, that the Grantee remove from the Rights -of -Way, at its own expense, its existing equipment, plant and facilities that will not be used in the future, whether activated or not. If any unused or deactivated equipment remains in Rights -of -Way after such City request and the Grantee's reasonable opportunity to remove, the City may remove such plant, facilities and equipment at the Grantee's expense. The Grantee may appeal any request to remove existing equipment, plant and facilities to the City Council and thereby stay City action until a final decision is issued by the City Council. In the event existing facilities, plant and equipment are left underground in the Rights -of -Way, the City or the Commission may require the Grantee to provide accurate maps showing the location and the nature of the deactivated or unused facilities, plant and equipment, if such information has not already been provided to the City or the Commission. 4.1.5. The Grantee shall not assert or otherwise raise any claim before a court of competent jurisdiction or any administrative agency alleging that, as of the Effective Date of this Franchise, the System design and performance requirements set forth in this Franchise are unenforceable under or inconsistent with then current applicable laws or regulations, or any orders, rules or decisions of the FCC. 4.2 Periodic Progress Reporting. Following commencement of construction, the Grantee shall, upon request of the Commission, meet with the Commission and provide an update on the progress of the construction. 4.2.1 Public Notification. Prior to the beginning of the System construction, and periodically during each phase of construction, the Grantee shall inform the public and its Subscribers, through various means, about: (i) the progress of 20 construction; (ii) areas where construction crews will be working; and (iii) any expected temporary interruptions to existing services which may occur. 4.3 System Maintenance. 4.3.1 The Grantee shall interrupt Cable Service only for good cause and for the shortest time possible. Such interruption shall occur during periods of minimum use of the System. The Grantee shall use its best efforts to provide the Commission with at least twenty-four (24) hours prior notice of a planned service interruption, except for a planned service interruption which will have a minimal impact on Subscribers, usually meaning affecting less than one hundred (100) Subscribers or less than a fifteen (15) minute interruption. 4.3.2 Maintenance of the System shall be performed in accordance with the applicable technical performance and operating standards established by FCC rules and regulations. Should the FCC choose to abandon this field and does not preempt the City's entry into this field, the City may adopt such technical performance and operating standards as its own, and the Grantee shall comply with them at all times. 4.4 System Tests and Inspections; Special Testing. 4.4.1 Grantee shall perform all tests necessary to demonstrate compliance with the requirements of the Franchise and other performance standards established by applicable law or regulation. 4.4.2 The City and the Commission shall have the right to inspect all construction or installation work performed pursuant to the provisions of the Franchise. In addition, the City and/or the Commission may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints regarding System construction, operations or installation work pertaining to such location(s). Such tests shall be limited to the particular matter in controversy. The City and/or the Commission shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to the Grantee or to the Subscribers of such testing. 4.4.3 Before ordering such tests, the Grantee shall be afforded thirty (30) days following receipt of written notice to investigate and, if necessary, correct problems or complaints upon which tests were ordered. The City and/or the Commission, as applicable, shall meet with the Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, the City and/or the Commission wishes to commence special tests and the thirty (30) days have elapsed without correction of the matter in controversy or resolution of complaints, the tests shall be conducted at the Grantee's expense by a qualified 21 engineer selected by the City and/or the Commission, as applicable, and the Grantee shall cooperate in such testing. 4.4.4 Unless otherwise provided in this Franchise, tests shall be supervised by the Grantee's chief technical authority, or designee, who shall certify all records of tests provided to the City and the Commission. 4.4.5 The Grantee shall provide the City and the Commission with at least two (2) business days' prior written notice of, and opportunity to observe, any tests performed on the System as it specifically relates to cable service. 4.4.5.1 Test results shall be filed with the City and the Commission within fourteen (14) days of a written request by the City and/or the Commission. 4.4.5.2 If any test indicates that any part or component of the System fails to meet applicable requirements, the Grantee, without requirement of additional notice or request from the City or the Commission, shall take corrective action, retest the locations and advise the City and the Commission of the action taken and the results achieved by filing a written report certified by the Grantee's chief technical authority, or designee. 4.5 Drop Testing and Replacement. The Grantee shall replace, at no separate charge to an individual Subscriber, all Drops and/or associated passive equipment incapable of passing the full System capacity at the time a Subscriber upgrades. 4.6 FCC Reports. Unless otherwise required by the terms of this Franchise, the results of any tests required to be filed by Grantee with the FCC or in the Grantee's public file, as it relates to cable service pursuant to this Franchise, shall upon request of the City or the Commission also be filed with the City or the Commission, as applicable, within ten (10) days of the request. 4.7 Lockout Capability. Upon the request of a Subscriber, the Grantee shall make lockout capability available at no additional charge, other than a charge for a Set Top Box. 4.8 Types of Service. Any change in programs or services offered shall comply with all lawful conditions and procedures contained in this Franchise and in applicable law or regulations. 22 4.9 Uses of System. The Grantee shall, upon request of the Commission, advise the Commission of all active uses of the System, for both entertainment and other purposes, and the Commission shall have the right to conduct unannounced audits of such usage. 4.10 Additional Capacity. The Grantee shall notify the City and the Commission in writing, in advance of the installation of any fiber optic capacity not contemplated by the initial System design, so that additional fibers may be installed on an Actual Cost basis for government and institutional use. If the City wishes to request additional fiber, it may notify the Grantee within fifteen (15) days of receipt of the Grantee's notification; provided, however, Grantee shall not be required to violate its telecommunications federal or state tariff. SECTION 5. SERVICE PROVISIONS 5.1 Customer Service Standards. The Grantee shall at all times comply with FCC customer service standards. In addition, the Grantee shall at all times satisfy all additional or stricter customer service requirements included in this Franchise and any customer service requirements set forth in any ordinance or regulation lawfully enacted by the City, upon 90 days' notice. 5.2 Video Programming. Except as otherwise provided in this Franchise or in applicable law, all programming decisions remain the discretion of the Grantee, provided that the Grantee notifies the City, the Commission and Subscribers in writing thirty (30) days prior to any channel additions, deletions or realignments unless otherwise permitted under applicable federal, State and local laws and regulations. Grantee shall cooperate with the City, and use best efforts to provide all Subscriber notices to the Commission prior to delivery to Subscribers. Location and relocation of the PEG channels shall be governed by Sections 6.1.3-6.1.4. 5.3 Regulation of Service Rates. 5.3.1 The City and/or its delegatee may regulate rates for the provision of Cable Service, equipment or any other communications service provided over the System to the extent allowed under federal or State law(s). The City reserves the right to regulate rates for any future services to the extent permitted by law. 5.3.2 The Grantee shall provide at least 30 days' prior written notice (or such longer period as may be specified in FCC regulations) to Subscribers and to the City of any changes in rates, regardless of whether or not the Grantee believes the affected rates are subject to regulation, except to the extent such notice 23 requirement is specifically waived by governing law. Bills must be clear, concise and understandable, with itemization of all charges. 5.4 Sales Procedures. The Grantee shall not exercise deceptive sales procedures when marketing Services within the City. In its initial communication or contact with a Subscriber or a non - Subscriber, and in all general solicitation materials marketing the Grantee or its Services as a whole, the Grantee shall inform the non -Subscriber of all levels of Service available, including the lowest priced and free service tiers. The Grantee shall have the right to market door-to-door during reasonable hours consistent with local ordinances and regulations. 5.5 Subscriber Inquiry and Complaint Procedures. 5.5.1 The Grantee shall have a publicly listed toll-free telephone number which shall be operated so as to receive general public and Subscriber complaints, questions and requests on a twenty-four (24) hour -a -day, seven (7) days -a -week, 365 days -a - year basis. Trained representatives of the Grantee shall be available to respond by telephone to Subscriber and service inquiries. 5.5.2 The Grantee shall maintain adequate numbers of telephone lines and personnel to respond in a timely manner to schedule service calls and answer Subscriber complaints or inquiries in a manner consistent with regulations adopted by the FCC and the City where applicable and lawful. Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under Normal Operating Conditions, measured on a quarterly basis. Under Normal Operating Conditions, the customer will receive a busy signal less than three (3) percent of the time. 5.5.3 Subject to the Grantee's obligations pursuant to law regarding privacy of certain information, the Grantee shall prepare and maintain written records of all complaints received from the City and the Commission and the resolution of such complaints, including the date of such resolution. Such written records shall be on file at the office of the Grantee. The Grantee shall provide the City and/or the Commission with a written summary of such complaints, upon request. As to Subscriber complaints, Grantee shall comply with FCC record-keeping regulations, and make the results of such record-keeping available to the City and/or the Commission, upon request. 5.5.4 Excluding conditions beyond the control of the Grantee, the Grantee shall commence working on a service interruption within twenty-four (24) hours after the service interruption becomes known and pursue to conclusion all steps 24 reasonably necessary to correct the interruption. The Grantee must begin actions to correct other service problems the next business day after notification of the service problem, and pursue to conclusion all steps reasonably necessary to correct the problem. 5.5.5 The Grantee may schedule appointments for Installations and other service calls either at a specific time or, at a maximum, during a four-hour time block during the hours of 9:00 a.m. to 8:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays. The Grantee may also schedule service calls outside such hours for the convenience of customers. The Grantee shall use its best efforts to not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. If the installer or technician is late and will not meet the specified appointment time, he/she must use his/her best efforts to contact the customer and reschedule the appointment at the sole convenience of the customer. Service call appointments must be met in a manner consistent with FCC standards. 5.5.6 The Grantee shall respond to written complaints from the City and the Commission in a timely manner, and provide a copy of each response to the City and the Commission within thirty (30) days. In addition, the Grantee shall respond to all written complaints from Subscribers within (30) days of receipt of the complaint. 5.6 Subscriber Contracts. The Grantee shall file with the Commission any standard form Subscriber contract utilized by Grantee. If no such written contract exists, the Grantee shall file with the Commission a document completely and concisely stating the length and terms of the Subscriber contract offered to customers. The length and terms of any Subscriber contract(s) shall be available for public inspection during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday. 5.7 Service Credit. 5.7.1 In the event a Subscriber establishes or terminates service and receives less than a full month's service, Grantee shall prorate the monthly rate on the basis of the number of days in the period for which service was rendered to the number of days in the billing cycle. 5.7.2 If, for any reason, Service is interrupted for a total period of more than twenty- four (24) hours in any thirty (30) day period, Subscribers that had interrupted service shall, upon request, be credited pro rata for such interruption. 5.8 Refunds or Credits. 5.8.1 Any refund checks shall be issued promptly, but not later than either: 25 5.8.1.1 The Subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier; or 5.8.1.2 The return of the equipment supplied by the Grantee if Service is terminated. 5.8.2 Any credits for Service shall be issued no later than the Subscriber's next billing cycle following the determination that a credit is warranted. 5.9 Late Fees. Fees for the late payment of bills shall not be assessed until after the Service has been fully provided. Late fee amounts on file with the Commission shall not be adjusted by the Grantee without the Commission's prior approval. 5.10 Notice to Subscribers. 5.10.1 The Grantee shall provide each Subscriber at the time Cable Service is installed, and at least every twelve (12) months thereafter, the following materials: 5.10.1.1 Instructions on how to use the Cable Service; 5.10.1.2 Billing and complaint procedures, and written instructions for placing a service call, filing a complaint or requesting an adjustment (including when a Subscriber is entitled to refunds for outages and how to obtain them); 5.10.1.3 A schedule of rates and charges, channel positions and a description of products and services offered; 5.10.1.4 Prices and options for programming services and conditions of subscription to programming and other services; and 5.10.1.5 A description of the Grantee's installation and service maintenance policies, Subscriber privacy rights, delinquent Subscriber disconnect and reconnect procedures and any other of its policies applicable to Subscribers. 5.10.2 Copies of materials specified in the preceding subsection shall be provided to the City and the Commission upon request. 5.10.3 All Grantee promotional materials, announcements and advertising of Cable Service to Subscribers and the general public, where price information is listed in any manner, shall be clear, concise, accurate and understandable. 26 5.11 Exclusive Contracts and Anticompetitive Acts Prohibited. 5.11.1 The Grantee may not require a residential Subscriber to enter into an exclusive contract as a condition of providing or continuing Cable Service. 5.11.2 The Grantee shall not engage in acts prohibited by federal or State law that have the purpose or effect of limiting competition for the provision of Cable Service in the City. 5.12 Office Availability and Payment Centers. 5.12.1 The Grantee shall install, maintain and operate, throughout the term of this Franchise, a single staffed payment center with regular business hours in the North Metro Franchise Area at a location agreed upon by the Commission and the Grantee. Additional payment centers may be installed at other locations. The purpose of the payment center(s) shall be to receive Subscriber payments. All subscriber remittances at a payment center shall be posted to Subscribers' accounts within forty-eight (48) hours of remittance. Subscribers shall not be charged a late fee or otherwise penalized for any failure by the Grantee to properly credit a Subscriber for a payment timely made. 5.12.2 The Grantee shall, at the request of and at no delivery or retrieval charge to a Subscriber, deliver or retrieve electronic equipment (e.g., Set Top Boxes and remote controls). 5.12.3 After consultation with the Commission, the Grantee shall provide Subscribers with at least sixty (60) days' prior notice of any change in the location of the customer service center serving the North Metro System, which notice shall apprise Subscribers of the customer service center's new address, and the date the changeover will take place. SECTION 6. ACCESS CHANNEL(S) PROVISIONS 6.1 Public, Educational and Government Access. 6.1.1 The Commission is hereby designated to operate, administer, promote, and manage PEG access programming on the Cable System. 6.1.2 Within one hundred twenty (120) days from the Effective Date, The Grantee shall provide twelve (12) channels (the "Access Channels") to be used for PEG access programming on the basic service tier. The City and Commission have the sole discretion to designate the use of each Access Channel. Grantee shall provide a technically reliable path for upstream and downstream transmission of the Access Channels, which will in no way degrade the technical quality of the Access Channels, from an agreed upon demarcation point at the Commission's Master Control Center at the Commission's office, and from any other designated Access 27 providers' locations, to Grantee's headend, on which all Access Channels shall be transported for distribution on Grantee's subscriber network. The Access Channels shall be delivered without degradation to subscribers in the technical format (e.g. HD or SD) as delivered by the Commission and any designated Access provider to Grantee at each demarcation point at the Commission Office and at the designated Access providers' locations. 6.1.2.1 All of the Access Channels will be made available through a multi- channel display (i.e. a picture in picture feed) on a single TV screen called a "mosaic" (the "North Metro Mosaic"), where a cable subscriber can access via an interactive video menu one of any of the 12 Access Channels. The North Metro Mosaic will be located on Channel 16. The 12 Access Channels will be located at Channels 8026-8037. The North Metro Mosaic will contain only Access Channels authorized by the Commission. 6.1.2.2 Grantee will make available to the Commission the ability to place detailed scheduled Access Channel programming information on the interactive channel guide by putting the Commission in contact with the electronic programming guide vendor ("EPG provider") that provides the guide service (currently Gracenote). Grantee will be responsible for providing the designations and instructions necessary to ensure the Access Channels will appear on the programming guide throughout the City and any necessary headend costs associated therewith. The Commission shall be responsible for providing programming information to the EPG provider. 6.1.2.3 For purposes of this Franchise, the term channel shall be as commonly understood and is not any specific bandwidth amount. The signal quality of the Access Channels shall be the same as the local broadcast channels, provided such signal quality is delivered to Grantee at the Access Channels' respective demarcation points. 6.1.2.4 Grantee will provide, at no cost to the Commission, air time on non -Access channels during periods in which ample unsold/unused air time on such channels exists for City public service announcements (PSAs). The Commission will provide a 30 -second PSA prior to the start of each month on a mutually agreed-upon schedule. 6.1.2.5 In the event Grantee makes any change in the Cable System and related equipment and facilities or in its signal delivery technology, which requires the City or Commission to obtain new equipment in order to be compatible with such change for purposes of transport and delivery of the Access Channels to the Grantee's headend, 28 Grantee shall, at its own expense and free of charge to the City, the Commission, or its designated entities, purchase such equipment as may be necessary to facilitate the cablecasting of the Access Channels in accordance with the requirements of the Franchise. 6.1.2.6 Neither the Grantee nor the officers, directors, or employees of the Grantee is liable for any penalties or damages arising from programming content not originating from or produced by the Grantee and shown on any public access channel, education access channel, government access channel, leased access channel, or regional channel. 6.1.2.7 Within one hundred twenty (120) days of a written request from the Commission, Grantee shall make available as part of Basic Service to all Subscribers a PEG Access Video -on Demand (PEG - VOD) Service and maintain a PEG -VOD system. The PEG -VOD system shall be connected by the Grantee such that: 6.1.2.7.1 Twenty-five (25) hours of programming per member city of Commission, or such greater amount as may be mutually agreed to by the parties, as designated and supplied by the City, Commission, or its Designated Access Provider to the Grantee may be electronically transmitted and/or transferred and stored on the PEG -VOD system; and 6.1.2.7.2 A database of that programming may be efficiently searched and a program requested and viewed over the PEG -VOD system by any Subscriber in the City; and 6.1.2.7.3 6.1.2.7.4 Programming submitted for placement on the PEG -VOD system, shall be placed on and available for viewing from the PEG -VOD system within forty-eight (48) hours of receipt of said programming; The hardware and software described in Subsection (8) below, shall be in all respects of the same or better technical quality as the hardware and software utilized by Grantee in the provision of any other video on demand services offered over the Cable System, and shall be upgraded at Grantee's cost, when new hardware or software is utilized on Grantee's Cable System for other video on demand services. Grantee shall provide reasonable technical assistance to allow for proper use and operation when encoding hardware or software is installed and/or upgraded at City's facilities. 29 6.1.2.8 To ensure compatibility and interoperability, the Grantee shall supply and maintain all necessary hardware and software to encode, transmit and/or transfer Government Access programming from the City to the PEG -VOD system. The City shall be responsible for all monitoring of any equipment provided under this Section, and notifying Grantee of any problems. Grantee shall provide all technical support and maintenance for the equipment provided to the City by Grantee under this Section. After notification of any equipment problems, Grantee shall diagnose and resolve the problem within forty eight (48) hours. Major repairs which cannot be repaired within the forty eight (48) hour timeframe shall be completed within seven (7) days of notice, unless, due to Force Majeure conditions, a longer time is required. "Major repairs" are those that require equipment to be specially obtained in order to facilitate the repairs. The quality of signal and the quality of service obtained by a Subscriber utilizing the PEG - VOD service shall meet or exceed the quality standards established for all other programming provided by the Grantee and as established elsewhere in this Franchise Agreement. The Commission shall have the right to rename, reprogram or otherwise change the use of these channels at any time, in its sole discretion, provided such use is Noncommercial and public, educational, governmental or religious in nature. Nothing herein shall diminish any rights of the City and the Commission to secure additional PEG channels pursuant to Minn. Stat. § 238.084, which is expressly incorporated herein by reference. 6.1.3 The Access Channels, including the North Metro Mosaic channel, shall not be relocated without the consent of the Commission. If the Commission agrees to change the channel designation for Access Channels , the Grantee must provide at least three (3) months' notice to the City and the Commission prior to implementing the change, and shall reimburse the Commission and/or PEG entity for any reasonable costs incurred for: (i) purchasing or modifying equipment, business cards and signage; (ii) any marketing and notice of the channel change that the Commission reasonably determines is necessary; (iii) logo changes; and (iv) promoting, marketing and advertising the channel location of the affected Access Channels during the twelve-month period preceding the effective date of the channel change. Alternatively, the Grantee may choose to supply necessary equipment itself, provided such equipment is satisfactory to the Commission or PEG entity. 6.1.4 In the event the Grantee makes any change in the System and related equipment and facilities or in signal delivery technology, which change directly or indirectly causes the signal quality or transmission of PEG channel programming or PEG services to fall below technical standards under applicable law, the Grantee shall, at its own expense, provide any necessary technical assistance, transmission 30 equipment and training of PEG personnel, and in addition, provide necessary assistance so that PEG facilities may be used as intended, including, among other things, so that live and taped programming can be cablecasted efficiently to Subscribers. 6.1.5 Subject to Section 6.1.2.1, all PEG channels shall be transmitted in the same format as all other Basic Cable Service channels and shall be carried on the Basic Service tier and shall be provided to all cable subscribers regardless of the tier or package of cable service subscribed to by the subscriber. 6.1.6 Except as otherwise provided in this Franchise, the Commission shall be responsible for any necessary master control switching of PEG signals and Institutional Network. 6.2 PEG Support Obligations. 6.2.1 Grantee shall pay a PEG Fee of $3.16/subscriber/month from the effective date until the franchise renews. Starting with the 2016 calendar year, the City may elect to increase this fee based on the incumbent's cable franchise PEG support obligation, or the Consumer Price Index. Any such election must be made in writing to the Franchisee no later than September 1st prior to the year in which the increase shall apply. In no event shall the monthly per subscriber fee be in an amount different from the incumbent cable provider. The PEG fee may be used for operational or capital support of PEG programming The PEG Fee may be itemized on the Subscriber billing statements per applicable law. The Grantee shall apply one PEG Fee on the master account for services to non -dwelling bulk accounts (such as hotels, motels, prisons and hospitals). The Grantee shall calculate PEG Fees on a pro rata basis for bulk accounts in residential multiple dwelling unit ("MDU") buildings in the following manner: if the bulk rate for Basic Cable Service is one third (1/3) of the current residential rate, then a pro- rated PEG Fee shall be added to the bulk bill for an MDU building in an amount equal to one third (1/3) of the current PEG Fee. If the bulk rate for Basic Cable Service is raised in any MDU building, the pro -rated PEG Fee in that building shall be recalculated and set based on the foregoing formula, regardless of any cap on per Subscriber PEG Fee amounts. Payments for the PEG Fee pursuant to this subsection shall be made quarterly based on actual receipts from the prior quarter on the same schedule as franchise fee payments. 6.2.2 The Grantee shall provide the fiber-optic or other cabling and other electronics, equipment, software and other materials necessary to transport all PEG signals from their origination point to and from the Commission's master control to the appropriate subscriber network channel, including channels provided discretely. Grantee shall provide the aforementioned cabling, electronics, equipment, software and other materials at no cost to the City, the Commission, and the North Metro Media Center. This equipment shall include one (1) encoder for each Access Channel 31 6.3 Regional Channel 6. The Grantee shall designate standard VHF Channel 6 for uniform regional channel usage to the extent required by State law. 6.4 Leased Access Channels. The Grantee shall provide Leased Access Channels as required by federal and State law. 6.5 PEG Obligations. Except as expressly provided in this Franchise, the Grantee shall not make any changes in PEG support or in the transmission, reception and carriage of PEG channels and equipment associated therewith, without the consent of the City and/or the Commission. 6.6 Costs and Payments not Franchise Fees. The parties agree that any costs to the Grantee and payments from the Grantee associated with the provision of support for PEG access, pursuant to Sections 6 and 7 of this Franchise do not constitute and are not part of a franchise fee and fall within one or more of the exceptions to 47 U.S.C. § 542. If the incumbent franchised cable operator agrees to provide any support of the Access Channels in excess of the amount identified above or to any payment in support of any other PEG -related commitment after the Effective Date of this Franchise, the Commission, in its reasonable discretion, after meeting with the Grantee, will determine whether Grantee's PEG Fee should be changed. If Grantee is required to pay any additional PEG Fee, such amount must be based upon a per subscriber/per month fee. SECTION 7. INSTITUTIONAL NETWORK (I -NET) PROVISIONS AND RELATED COMMITMENTS 7.1 Twin Cities Metro PEG Interconnect Network. Grantee shall provide a discrete, non-public, video interconnect network, from an agreed upon demarcation point at the Commission's Master Control Center at the Commission's office, to Grantee's headend. The video interconnect network shall not exceed 50 Mbps of allocated bandwidth, allowing PEG operators that have agreed with Grantee to share (send and receive) live and recorded programming for playback on their respective systems. Where available the Grantee shall provide the video interconnect network and the network equipment necessary, for the high-priority transport of live multicast HD/SD video streams as well as lower -priority file -sharing. Grantee shall provide 50 Mbps bandwidth for each participating PEG entity to send its original programming, receive at least two additional multicast HD/SD streams from any other participating PEG entity, 32 and allow the transfer of files. Each participating PEG entity is responsible for encoding its own SD/HD content in suitable bit rates to be transported by the video interconnect network without exceeding the 50 Mbps of allocated bandwidth. 7.2 Cable Service to Public Buildings. Grantee shall, at no cost to the City or Commission, provide Basic Service and Expanded Basic Service (currently Prism Essentials) or equivalent package of Cable Service and necessary reception equipment to up to seven (7) outlets at the Commission Office and at each Member City City Hall and to each Independent School District, except Blaine High School, at the current locations located in the Commission area that originates PEG programming. Grantee shall, at no cost to the City, provide Basic Service and Expanded Basic Service (currently Prism Essentials) or equivalent package of Cable Service and necessary reception equipment to up to three (3) outlets at all other government buildings, schools and public libraries located in the City where Grantee provides Cable Service, so long as these government addresses are designated as a Household and no other cable communications provider is providing complementary service at such location. For purposes of this subsection, "school" means all State -accredited K- 12 public, and private schools. Outlets of Basic and Expanded Basic Service provided in accordance with this subsection may be used to distribute Cable Services throughout such buildings; provided such distribution can be accomplished without causing Cable System disruption and general technical standards are maintained. Such outlets may only be used for lawful purposes. Blaine High School will be provided the functionality to monitor PEG signals through a mutually agreeable alternate technology at the expense of the Grantee. SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS 8.1 Administration of Franchise. The City's designated cable television administrator, or his/her designee, shall have continuing regulatory jurisdiction and supervision over the System and the Grantee's operation under the Franchise. The City may issue such reasonable rules and regulations concerning the construction, operation and maintenance of the System, as are consistent with the provisions of this Franchise and law. 8.2 Delegated Authority. The City may appoint a citizen advisory body or a joint powers commission, or may delegate to any other body or Person authority to administer the Franchise and to monitor the performance of the Grantee pursuant to the Franchise. The Grantee shall cooperate with any such delegatee of the City. 33 8.3 Franchise Fee. 8.3.1 During the term of the Franchise, the Grantee shall pay quarterly to the City or its delegatee a Franchise fee in an amount equal to five percent (5%) of its Gross Revenues. 8.3.2 Any payments due under this provision shall be payable quarterly. The payment shall be made within thirty (30) days of the end of each of Grantee's fiscal quarters together with a report showing the basis for the computation. The City or the Commission shall have the right to require further supporting information for each franchise fee payment. 8.3.3 All amounts paid shall be subject to audit and recomputation by City and/or the Commission, and acceptance of any payment shall not be construed as an accord that the amount paid is in fact the correct amount. The Grantee shall be responsible for providing the City and/or the Commission all records necessary to confirm the accurate payment of franchise fees. The Grantee shall maintain such records for five (5) years, unless in the Grantee's ordinary course of business specific records are retained for a shorter period, but in no event less than three (3) years. If an audit discloses an overpayment or underpayment of franchise fees, the City and/or the Commission shall notify the Grantee of such overpayment or underpayment. The City's/Commission's audit expenses shall be borne by the City/Commission unless the audit determines that the payment to the City should be increased by more than five percent (5%) in the audited period, in which case the reasonable costs of the audit shall be borne by the Grantee as a cost incidental to the enforcement of the Franchise. Any additional amounts due to the City as a result of the audit shall be paid to the City within thirty (30) days following written notice to the Grantee by the City/Commission of the underpayment, which notice shall include a copy of the audit report. If the recomputation results in additional revenue to be paid to the City, such amount shall be subject to a ten percent (10%) annual interest charge. If the audit determines that there has been an overpayment by the Grantee, the Grantee may credit any overpayment against its next quarterly payment. 8.3.4 In the event any franchise fee payment or recomputation amount is not made on or before the required date, the Grantee shall pay, during the period such unpaid amount is owed, the additional compensation and interest charges computed from such due date, at an annual rate of ten percent (10%). 8.3.5 Nothing in this Franchise shall be construed to limit any authority of the City to impose any tax, fee or assessment of general applicability. 8.3.6 The franchise fee payments required by this Franchise shall be in addition to any and all taxes or fees of general applicability. The Grantee shall not have or make any claim for any deduction or other credit of all or any part of the amount of said franchise fee payments from or against any of said taxes or fees of general 34 applicability, except as expressly permitted by law. The Grantee shall not apply nor seek to apply all or any part of the amount of said franchise fee payments as a deduction or other credit from or against any of said taxes or fees of general applicability, except as expressly permitted by law. Nor shall the Grantee apply or seek to apply all or any part of the amount of any of said taxes or fees of general applicability as a deduction or other credit from or against any of its franchise fee obligations, except as expressly permitted by law. 8.4 Access to Records. To the extent such documents are related to Grantee's compliance with this Franchise or applicable law (the burden to allege and, if so alleged, the initial burden to demonstrate that such requested documents are not related to Grantee's compliance with this Franchise or applicable law shall be the Grantee's), the City/Commission shall have the right to inspect or copy any records or documents maintained by Grantee (or maintained by an Affiliate on behalf of the Grantee, to the extent that review of such record or document maintained by the Affiliate on behalf of the Grantee is necessary in order for the City/Commission to enforce compliance with this Franchise) upon reasonable notice and during Grantee's administrative office hours, or require Grantee to provide copies of records and documents within a reasonable time, on a confidential and proprietary basis, to the extent such records and documents otherwise qualify as nonpublic, confidential, trade secret or proprietary pursuant to applicable law. Upon the City's/Commission's request, the Grantee shall provide to the City and/or the Commission copies of any records or documents that cannot be reasonably argued pursuant to applicable law to be nonpublic, confidential, trade secret or proprietary. 8.5 Reports and Maps to be Filed with City. 8.5.1 The Grantee shall file with the City, at the time of payment of the Franchise Fee, a report of all Gross Revenues in a form and substance as required by the City or the Commission. 8.5.2 The Grantee shall prepare and furnish to the City or the Commission, at the times and in the form prescribed, such other reports with respect to Grantee's operations pursuant to this Franchise as the City or the Commission may require. The City and the Commission shall use their best efforts to protect proprietary or trade secret information all consistent with State and federal law. 8.5.3 If required by the City and/or the Commission, the Grantee shall make available to the City and/or the Commission the maps, plats and permanent records of the location and character of all facilities constructed, including underground facilities, and Grantee shall upon request make available to the City and the Commission updates of such maps, plats and permanent records annually if changes have been made in the System. 35 8.6 Periodic Evaluation. 8.6.1 The City may require evaluation sessions at any time during the term of this Franchise, upon fifteen (15) days written notice to the Grantee. 8.6.2 Topics which may be discussed at any evaluation session may include, but are not limited to, application of new technologies, System, programming offered, access channels, facilities and support, municipal uses of cable, Subscriber rates, customer complaints, amendments to this Franchise, judicial rulings, FCC rulings, line extension policies and any other topics the City deems relevant. 8.6.3 As a result of a periodic review or evaluation session, upon notification from City, Grantee shall meet with City and undertake good faith efforts to reach agreement on changes and modifications to the terms and conditions of the Franchise which are legally, economically, and technically feasible. SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS 9.1 Performance Bond. 9.1.1 At the time the Franchise becomes effective and until such time as the construction of the System the Grantee shall furnish a bond to the Commission, in a form and with such sureties as are reasonably acceptable to the Commission, in the amount of $500,000. Upon such completion of all System the bond shall be reduced to $50,000. This bond will be conditioned upon the faithful performance by the Grantee of its Franchise obligations and upon the further condition that in the event the Grantee shall fail to comply with any law, ordinance or regulation governing the Franchise, there shall be recoverable jointly and severally from the principal and surety of the bond any damages or loss suffered by the City or the Commission as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the Grantee, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond, and further guaranteeing payment by the Grantee of claims, liens and taxes due the City or the Commission which arise by reason of the construction, operation, or maintenance of the System,. The rights reserved by the City and the Commission with respect to the bond are in addition to all other rights the City and the Commission may have under the Franchise or any other law. The Commission may, from year to year, in its sole discretion, reduce the amount of the bond. 9.1.2 The time for Grantee to correct any violation or liability shall be extended by Commission if the necessary action to correct such violation or liability is, in the sole determination of Commission, of such a nature or character as to require more than thirty (30) days within which to perform, provided Grantee provides written notice that it requires more than thirty (30) days to correct such violations 36 or liability, commences the corrective action within the thirty (30) -day cure period and thereafter uses reasonable diligence to correct the violation or liability. 9.1.3 In the event this Franchise is revoked by reason of default of Grantee, City shall be entitled to collect from the performance bond that amount which is attributable to any damages sustained by City as a result of said default or revocation. 9.1.4 Grantee shall be entitled to the return of the performance bond, or portion thereof, as remains sixty (60) days after the expiration of the term of the Franchise or revocation for default thereof, provided the City or the Commission has not notified Grantee of any actual or potential damages incurred as a result of Grantee's operations pursuant to the Franchise or as a result of said default. 9.1.5 The rights reserved to the City or the Commission with respect to the performance bond are in addition to all other rights of the City and the Commission whether reserved by this Franchise or authorized by law, and no action, proceeding or exercise of a right with respect to the performance bond shall affect any other right the City and the Commission may have. 9.2 Letter of Credit. 9.2.1 Within 30 days of the Effective Date of this Franchise, the Grantee shall deliver to the Commission an irrevocable and unconditional Letter of Credit, that is effective as of the Effective Date, in a form and substance acceptable to the Commission, from a National or State bank approved by the Commission, in the amount of $25,000.00. 9.2.2 The Letter of Credit shall provide that funds will be paid to the City upon written demand of the City, and in an amount solely determined by the City in payment for penalties charged pursuant to this Section, in payment for any monies deemed by the City to be owed by the Grantee to the City and/or the Commission, as applicable, after notice and opportunity to pay any such monies, pursuant to its obligations under this Franchise, or in payment for any damage incurred by the City or the Commission as a result of any acts or omissions by the Grantee pursuant to this Franchise. 9.2.3 In addition to recovery of any monies owed by the Grantee to the City, or the Commission or damages to the City, the Commission or any Person as a result of any acts or omissions by the Grantee pursuant to the Franchise, the City and/or the Commission in its sole discretion may charge to and collect from the Letter of Credit the following penalties: 9.2.3.1 For failure to perform timely construction pursuant to Section 2.7 provided in this Franchise, unless the City or the Commission approves the delay, the penalty shall be $500.00 per day for each day, or part thereof, such failure occurs or continues. 37 9.2.3.2 For failure to provide data, documents, reports or information or to cooperate with City or the Commission during an application process or system review or as otherwise provided herein, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. 9.2.3.3 Fifteen (15) days following notice from the City or the Commission of a failure of Grantee to comply with construction, operation or maintenance standards, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. 9.2.3.4 For failure to provide the services and the payments required by this Franchise, including, but not limited to, the implementation and the utilization of the PEG Access Channels, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. 9.2.3.5 For Grantee's breach of any written contract or agreement with or to the City or the Commission, the penalty shall be $250.00 per day for each day, or part thereof, such breach occurs or continues. 9.2.3.6 For failure to comply with the reasonable build -out provisions and for economic redlining in violation of Section 2.7 and 11.1 and 47 U.S.C. § 541(a)(3): Five Hundred dollars ($500) per day for each day or part thereof that such violation continues. 9.2.3.7 For failure to comply with any of the provisions of this Franchise, or other City ordinance or regulation for which a penalty is not otherwise specifically provided pursuant to this subsection 9.2.3, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. 9.2.4 Each violation of any provision of this Franchise shall be considered a separate violation for which a separate penalty can be imposed; provided, however, that Grantee will not be charged under more than one penalty provision for each separate violation. 9.2.5 Whenever the City or the Commission determines that the Grantee has violated one or more terms, conditions or provisions of this Franchise, or for any other violation contemplated in subsection 9.2.3 above, a written notice shall be given to Grantee informing it of such violation. At any time after thirty (30) days (or such longer reasonable time which, in the determination of the City or the Commission, is necessary to cure the alleged violation) following local receipt of notice, provided the City or its designee finds that the Grantee remains in violation of one or more terms, conditions or provisions of this Franchise, in the sole opinion of the City or the Commission, the City or the Commission may 38 draw from the Letter of Credit all penalties and other monies due the City or the Commission from the date of the local receipt of notice. 9.2.6 Prior to drawing on the Letter of Credit, the City or the Commission shall give Grantee written notice that it intends to draw, and the Grantee may, within seven (7) days thereafter, notify the City or the Commission in writing that there is a dispute as to whether a violation or failure has in fact occurred. Such written notice by the Grantee to the City or the Commission shall specify with particularity the matters disputed by Grantee. Any penalties shall continue to accrue, but the City or the Commission may not draw from the Letter of Credit during any appeal pursuant to this subparagraph 9.2.6. The City or the Commission shall hear Grantee's dispute within sixty (60) days and the City or the Commission, as appropriate, shall render a final decision within sixty (60) days thereafter. Withdrawal from the Letter of Credit may occur only upon a final decision. 9.2.7 If said Letter of Credit or any subsequent Letter of Credit delivered pursuant thereto expires prior to thirty (30) months after the expiration of the term of this Franchise, it shall be renewed or replaced during the term of this Franchise to provide that it will not expire earlier than thirty (30) months after the expiration of this Franchise. The renewed or replaced Letter of Credit shall be of the same form and with a bank authorized herein and for the full amount stated in subsection 9.2.1 of this Section. 9.2.8 If the City or the Commission draws upon the Letter of Credit or any subsequent Letter of Credit delivered pursuant hereto, in whole or in part, the Grantee shall replace or replenish to its full amount the same within ten (10) days and shall deliver to the Commission a like replacement Letter of Credit or certification of replenishment for the full amount stated in Section 9.2.1 as a substitution of the previous Letter of Credit. This shall be a continuing obligation for any withdrawals from the Letter of Credit. 9.2.9 If any Letter of Credit is not so replaced or replenished, the City or the Commission may draw on said Letter of Credit for the whole amount thereof and use the proceeds as the City or the Commission determines in its sole discretion. The failure to replace or replenish any Letter of Credit may also, at the option of the City or the Commission, be deemed a default by the Grantee under this Franchise. The drawing on the Letter of Credit by the City or the Commission, and use of the money so obtained for payment or performance of the obligations, duties and responsibilities of the Grantee which are in default, shall not be a waiver or release of such default. 9.2.10 The collection by the City or the Commission of any damages, monies or penalties from the Letter of Credit shall not affect any other right or remedy available to it, nor shall any act, or failure to act, by the City or the Commission 39 pursuant to the Letter of Credit, be deemed a waiver of any right of the City or the Commission pursuant to this Franchise or otherwise. 9.3 Indemnification of City. 9.3.1 The City and its officers, boards, committees, commissions, elected and appointed officials, employees, volunteers and agents shall not be liable for any loss or damage to any real or personal property of any Person, or for any injury to or death of any Person, arising out of or in connection with Grantee's construction, operation, maintenance, repair or removal of the System, or as to any other action of Grantee with respect to this Franchise. 9.3.2 Grantee shall indemnify, defend, and hold harmless the City and its officers, boards, committees, commissions, elected and appointed officials, employees, volunteers and agents from and against all liability, damages and penalties which they may legally be required to pay as a result of the City's or the Commission's exercise, administration or enforcement of the Franchise. 9.3.3 Nothing in this Franchise relieves a Person from liability arising out of the failure to exercise reasonable care to avoid injuring the Grantee's facilities while performing work connected with grading, regarding or changing the line of a Right -of -Way or public place or with the construction or reconstruction of a sewer or water system. 9.3.4 The Grantee shall not be required to indemnify the City for negligence or misconduct on the part of the City or its officers, boards, committees, commissions, elected or appointed officials, employees, volunteers or agents, including any loss or claims. 9.3.5 Grantee shall contemporaneously with this Franchise execute an Indemnity Agreement in the form of Exhibit A, which shall indemnify, defend and hold the City and Commission harmless for any claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and reasonable attorneys' fees or reasonable expenses arising out of the actions of the City and/or Commission in granting this Franchise. This obligation includes any claims by another franchised cable operator against the City and/or Commission that the terms and conditions of this Franchise are less burdensome than another franchise granted by the city or that this Franchise does not satisfy the requirements of applicable state law(s). 9.4 Insurance. 9.4.1 As a part of the indemnification provided in Section 9.3, but without limiting the foregoing, Grantee shall file with the Commission at the time of its acceptance of this Franchise, and at all times thereafter maintain in full force and effect at its sole expense, a comprehensive general liability insurance policy, including 40 broadcaster' s/cablecaster' s liability and contractual liability coverage, in protection of the Grantee, the Commission, the City and its officers, elected and appointed officials, boards, commissions, commissioners, agents, employees and volunteers for any and all damages and penalties which may arise as a result of this Franchise. The policy or policies shall name the City and the Commission as an additional insured, and in their capacity as such, City and Commission officers, elected and appointed officials, boards, commissions, commissioners, agents, employees and volunteers. The broadcaster' s/cablecaster' s liability coverage specified in this provision shall be subject to Section 9.3 above regarding indemnification of the City. 9.4.2 The policies of insurance shall be in the sum of not less than $1,000,000.00 for personal injury or death of any one Person, and $2,000,000.00 for personal injury or death of two or more Persons in any one occurrence, $1,000,000.00 for property damage to any one Person and $2,000,000.00 for property damage resulting from any one act or occurrence. 9.4.3 The policy or policies of insurance shall be maintained by Grantee in full force and effect during the entire term of the Franchise. Each policy of insurance shall contain a statement on its face that the insurer will not cancel the policy or fail to renew the policy, whether for nonpayment of premium, or otherwise, and whether at the request of Grantee or for other reasons, except after sixty (60) days advance written notice have been provided to the Commission. The Grantee shall not cancel any required insurance policy without submission of proof that the Grantee has obtained alternative insurance satisfactory to the City which complies with this Franchise. 9.4.4 All insurance policies shall be with sureties qualified to do business in the State of Minnesota, with an A-1 or better rating of insurance by Best's Key Rating Guide, Property/Casualty Edition, and in a form approved by the City. 9.4.5 All insurance policies shall be available for review by the City and the Commission, and the Grantee shall keep on file with the Commission certificates of insurance. 9.4.6 Failure to comply with the insurance requirements of this Section shall constitute a material violation of this Franchise. SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE 10.1 City's Right to Revoke. 10.1.1 In addition to all other rights which City has pursuant to law or equity, City reserves the right to commence proceedings to revoke, terminate or cancel this 41 Franchise, and all rights and privileges pertaining thereto, if it is determined by City that: 10.1.1.1 Grantee has violated material provisions(s) of this Franchise; or 10.1.1.2 Grantee has attempted to evade any of the provisions of the Franchise; or 10.1.1.3 Grantee has practiced fraud or deceit upon the City or the Commission. City may revoke this Franchise without the hearing required by Section 10.2.2 herein if Grantee is adjudged a bankrupt. 10.2 Procedures for Revocation. 10.2.1 The City shall provide the Grantee with written notice of a cause for revocation and the intent to revoke and shall allow Grantee thirty (30) days subsequent to receipt of the notice in which to correct the violation or to provide adequate assurance of performance in compliance with the Franchise. In the notice required herein, the City shall provide the Grantee with the basis for revocation. 10.2.2 The Grantee shall be provided the right to a public hearing affording due process before the City Council prior to the effective date of revocation, which public hearing shall follow the thirty (30) day notice provided in subsection 10.2.1 above. The City shall provide the Grantee with written notice of its decision together with written findings of fact supplementing said decision. 10.2.3 Only after the public hearing and upon written notice of the determination by the City to revoke the Franchise may the Grantee appeal said decision with an appropriate state or federal court or agency. 10.2.4 During the appeal period, the Franchise shall remain in full force and effect unless the term thereof sooner expires or unless continuation of the Franchise would endanger the health, safety and welfare of any Person or the public. 10.3 Continuity of Service. Grantee may not abandon the System or any portion thereof without having first given three (3) months written notice to the City. The Grantee may not abandon the System or any portion thereof without compensating the City for all costs incident to removal of the System if required by the City pursuant to section 10.4. 10.4 Removal After Abandonment, Termination or Forfeiture. 10.4.1 In the event of termination or forfeiture of the Franchise or abandonment of the System, the City shall have the right to require the Grantee to remove all or any 42 portion of the System from all Rights -of -Way and public property within the City, consistent with Section 3.8 (Removal of Facilities at Expiration of Franchise) herein. 10.4.2 If the Grantee has failed to commence removal of the System, or such part thereof as was designated by the City, within thirty (30) days after written notice of the City's demand for removal is given, or if the Grantee has failed to complete such removal within twelve (12) months after written notice of the City's demand for removal is given, the City shall have the right to apply funds secured by the Letter of Credit and Performance Bond toward removal and/or declare all right, title and interest to the System to be in the City with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it. 10.5 Sale or Transfer of Franchise. 10.5.1 No sale or transfer of the Franchise, or sale, transfer or fundamental corporate change of or in Grantee, including, but not limited to, a fundamental corporate change in Grantee's parent corporation or any entity having a controlling interest in Grantee, the sale of a controlling interest in the Grantee's assets, a merger, including the merger of a subsidiary and parent entity, consolidation or the creation of a subsidiary or affiliate entity, shall take place until a written request has been filed with the City requesting approval of the sale, transfer or corporate change and such approval has been granted or deemed granted, provided, however, that said approval shall not be required where Grantee grants a security interest in its Franchise and/or assets to secure an indebtedness. Upon notice to the City, Grantee may undertake legal changes necessary to consolidate the corporate or partnership structures of its System provided there is no change in the controlling interests which could materially alter the financial responsibilities for the Grantee; provided however, Grantee must seek approval of any transaction constituting a transfer under state law. 10.5.2 Any sale, transfer, exchange or assignment of stock in Grantee, or Grantee's parent corporation or any other entity having a controlling interest in Grantee, so as to create a new controlling interest therein, shall be subject to the requirements of this Section 10.5. The term "controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. 10.5.3 The Grantee shall file, in addition to all documents, forms and information required to be filed by applicable law, the following: 10.5.3.1 All contracts, agreements or other documents that constitute the proposed transaction and all exhibits, attachments or other documents referred to therein which are necessary in order to understand the terms thereof. 43 10.5.3.2 A list detailing all documents filed with any state or federal agency related to the transaction including, but not limited to, the MPUC, the FCC, the FTC, the FEC, the SEC or MnDOT. Upon request, Grantee shall provide City with a complete copy of any such document; and 10.5.3.3 Any other documents or information related to the transaction as may be specifically requested by the City 10.5.4 The City shall have such time as is permitted by federal law in which to review a transfer request. 10.5.5 The Grantee shall reimburse the City and/or the Commission for all the reasonable legal, administrative, and consulting costs and fees associated with the City's/Commission's review of any request to transfer. Nothing herein shall prevent the Grantee from negotiating partial or complete payment of such costs and fees by the transferee. Grantee may not itemize any such reimbursement on Subscriber bills, but may recover such expenses in its Subscriber rates. 10.5.6 In no event shall a sale, transfer, corporate change or assignment of ownership or control pursuant to subsections 10.5.1 or 10.5.2 of this Section be approved without the Grantee remaining, or (if other than the current Grantee) transferee becoming a signatory to this Franchise and assuming or continuing to have all rights and obligations hereunder. 10.5.7 In the event of any proposed sale, transfer, corporate change or assignment pursuant to subsection 10.5.1 or 10.5.2, the City shall have the right to purchase the System for the value of the consideration proposed in such transaction. The City's right to purchase shall arise upon City's receipt of notice of the material terms of an offer or proposal for sale, transfer, corporate change or assignment, which Grantee has accepted. Notice of such offer or proposal must be conveyed to City in writing and separate from any general announcement of the transaction. 10.5.8 The City shall be deemed to have waived its right to purchase the System pursuant to this Section only in the following circumstances: 10.5.8.1 If City does not indicate to Grantee in writing, within sixty (60) days of receipt of written notice of a proposed sale, transfer, corporate change or assignment as contemplated in Section 10.5.7 above, its intention to exercise its right of purchase; or 10.5.8.2 It approves the assignment or sale of the Franchise as provided within this Section. 10.5.9 No Franchise may be transferred if the City and/or the Commission determine the Grantee is in noncompliance of the Franchise unless an acceptable compliance 44 program has been approved by City or the Commission. The approval of any transfer of ownership pursuant to this Section shall not be deemed to waive any rights of the City or the Commission to subsequently enforce noncompliance issues relating to this Franchise. 10.5.10Any transfer or sale of the Franchise without the prior written consent of the City shall be considered to impair the City's assurance of due performance. The granting of approval for a transfer or sale in one instance shall not render unnecessary approval of any subsequent transfer or sale for which approval would otherwise be required. SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS 11.1 Discriminatory Practices Prohibited. Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers (or group of potential subscribers) or general citizens on the basis of income, race, color, religion, national origin, sex, age, status as to public assistance, affectional preference or disability. Grantee shall comply at all times with all other applicable federal, State and City laws. 11.2. Subscriber Privacy. 11.2.1 No signals, including signals of a Class IV Channel, may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such authorization. The authorization shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. Such permission shall be required for each type or classification of Class IV Channel activity planned for the purpose of monitoring individual viewing patterns or practices. 11.2.2 No lists of the names and addresses of Subscribers or any lists that identify the viewing habits of Subscribers shall be sold or otherwise made available to any party other than to Grantee or its agents for Grantee's service business use or to City for the purpose of Franchise administration, and also to the Subscriber subject of that information, unless Grantee has received specific written authorization from the Subscriber to make such data available. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such authorization. The authorization shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. 45 11.2.3 Written permission from the Subscriber shall not be required for the conducting of System wide or individually addressed electronic sweeps for the purpose of verifying System integrity or monitoring for the purpose of billing. Confidentiality of such information shall be subject to the provision set forth in subsection 11.2.2. SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS 12.1 Unauthorized Connections or Modifications Prohibited. It shall be unlawful for any firm, Person, group, company, corporation or governmental body or agency, without the express consent of the Grantee, to make or possess, or assist anybody in making or possessing, any unauthorized connection, extension or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of the System or to receive services of the System without Grantee's authorization. 12.2 Removal or Destruction Prohibited. It shall be unlawful for any firm, Person, group, company or corporation to willfully interfere, tamper with, remove, obstruct, or damage, or assist thereof, any part or segment of the System for any purpose whatsoever, except for any rights the City may have pursuant to this Franchise or its police powers. 12.3 Penalty. Any firm, Person, group, company or corporation found guilty of violating this section may be fined not less than Twenty Dollars ($20.00) and the costs of the action nor more than Five Hundred Dollars ($500.00) and the costs of the action for each and every subsequent offense. Each continuing day of the violation shall be considered a separate occurrence. SECTION 13. MISCELLANEOUS PROVISIONS 13.1 Franchise Renewal. Any renewal of this Franchise shall be performed in accordance with applicable federal, State and local laws and regulations. 13.2 Work Performed by Others. All applicable obligations of this Franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of this Franchise, however, in no event shall any such subcontractor or other performing work obtain any rights to maintain and operate the System or provide Cable Service. The Grantee shall provide 46 notice to the City of the name(s) and address(es) of any entity, other than Grantee, which performs substantial services pursuant to this Franchise. 13.3 Amendment of Franchise Ordinance. The Grantee and the City may agree, from time to time, to amend this Franchise. Such written amendments may be made subsequent to a review session pursuant to Section 8.6 or at any other time if the City and the Grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in federal, State or local laws. Provided, however, nothing herein shall restrict the City's exercise of its police powers or the City's authority to unilaterally amend Franchise provisions to the extent permitted by law. 13.4 Compliance with Federal, State and Local Laws. 13.4.1 If any federal or State law or regulation shall require or permit City or Grantee to perform any service or act or shall prohibit City or Grantee from performing any service or act which may be in conflict with the terms of this Franchise, then as soon as possible following knowledge thereof, either party shall notify the other of the point in conflict believed to exist between such law or regulation. Grantee and City shall conform to State laws and rules regarding cable communications not later than one (1) year after they become effective, unless otherwise stated, and to conform to federal laws and regulations regarding cable as they become effective. 13.4.2 In the event that federal or State laws, rules or regulations preempt a provision or limit the enforceability of a provision of this Franchise, the provision shall be read to be preempted to the extent and for the time, but only to the extent and for the time, required or necessitated by law. In the event such federal or State law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and effect, and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of the City or the Commission. 13.4.3 If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance (including the City, the Grantee and the Commission) shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to Persons or circumstances (including the City, the Grantee and the Commission) other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with provided the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the 47 provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantee and City without further action by the City. 13.4.4 The City and the Grantee shall, at all times during the term of this Franchise, including all extensions and renewals hereof, comply with applicable federal, State and local laws and regulations. 13.5 Nonenforcement by City. Grantee shall not be relieved of its obligations to comply with any of the provisions of this Franchise by reason of any failure or delay of City to enforce prompt compliance. City may only waive its rights hereunder by expressly so stating in writing. Any such written waiver by City of a breach or violation of any provision of this Franchise shall not operate as or be construed to be a waiver of any subsequent breach or violation. 13.6 Rights Cumulative. All rights and remedies given to City and the Commission by this Franchise or retained by City or the Commission herein shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to the City and the Commission, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by the City and the Commission and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. 13.7 Grantee Acknowledgment of Validity of Franchise. The Grantee acknowledges that it has had an opportunity to review the terms and conditions of this Franchise and that under current law Grantee believes that said terms and conditions are not unreasonable or arbitrary, and that Grantee believes City has the power to make the terms and conditions contained in this Franchise. 13.8 Force Maieure. The Grantee shall not be deemed in default of provisions of this Franchise or the City Code where performance was rendered impossible by war or riots, labor strikes or civil disturbances, floods or other causes beyond the Grantee's control, and the Franchise shall not be revoked or the Grantee penalized for such noncompliance, provided that the Grantee, when possible, takes immediate and diligent steps to bring itself back into compliance and to comply as soon as possible, under the circumstances, with the Franchise without unduly endangering the health, safety and integrity of the Grantee's 48 employees or property, or the health, safety and integrity of the public, the Rights -of - Way, public property or private property. 13.9 Governing Law. This Franchise shall be governed in all respects by the laws of the State of Minnesota. 13.10 Captions and References. 13.10.1 The captions and headings of sections throughout this Franchise are intended solely to facilitate reading and reference to the sections and provisions of this Franchise. Such captions shall not affect the meaning or interpretation of this Franchise. 13.10.2 When any provision of the City Code is expressly mentioned herein, such reference shall not be construed to limit the applicability of any other provision of the City Code that may also govern the particular matter in question. 13.11 Rights of Third Parties. This Franchise is not intended to, and shall not be construed to, grant any rights to or vest any rights in third parties, unless expressly provided herein. 13.12 Merger of Documents. This Franchise, and the attachments hereto, constitute the entire Franchise agreement between the City and the Grantee, and supersede all prior oral or written franchises, drafts and understandings. SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 14.1 Publication. This Franchise shall be published in accordance with applicable local and Minnesota law. 14.2 Acceptance. 14.2.1 Grantee shall accept this Franchise within sixty (60) days of its enactment by the City Council and the enactment of a Franchise on substantially similar terms by the other member municipalities of the Commission, unless the time for acceptance is extended by the City. Such acceptance by the Grantee shall be deemed the grant of this Franchise for all purposes; provided, however, this Franchise shall not be effective until all City ordinance adoption procedures are complied with and all applicable timelines have run for the adoption of a City ordinance In the event acceptance does not take place, or should all ordinance 49 adoption procedures and timelines not be completed, this Franchise and any and all rights granted hereunder to the Grantee shall be null and void. 14.2.2 Upon acceptance of this Franchise, the Grantee and the City shall be bound by all the terms and conditions contained herein. The Grantee agrees that this Franchise is not inconsistent with applicable law or regulations at the time it is executed. 14.2.3 Grantee shall accept this Franchise in the following manner: 14.2.3.1 This Franchise will be properly executed and acknowledged by Grantee and delivered to City. 14.2.3.2 With its acceptance, Grantee shall also deliver any performance bond and insurance certificates required herein that are due but have not previously been delivered. 14.3 Binding Acceptance. This Franchise shall bind and benefit the parties hereto and their respective authorized heirs, beneficiaries, administrators, executors, receivers, trustees, successors and assigns. Passed and adopted this day of , 2015. Attest: CITY OF LINO LAKES, MINNESOTA By: By: Its: Its: ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions. Dated: 50 QWEST BROADBAND SERVICES, INC., DBA CENTURYLINK By: Its: EXHIBIT A INDEMNITY AGREEMENT INDEMNITY AGREEMENT made this day of , 2015, by and between Qwest Broadband Services, Inc., a Delaware Corporation, party of the first part, hereinafter called "CenturyLink," and the City of Lino Lakes, a Minnesota Municipal Corporation, party of the second part, hereinafter called "City" and the North Metro Telecommunications Commission, a Minnesota Municipal Joint Powers entity, hereinafter called "Commission." WITNESSETH: WHEREAS, the City of Lino Lakes has awarded to Qwest Broadband Services, Inc. a franchise for the operation of a cable communications system in the City; and WHEREAS, the City has required, as a condition of its award of a cable communications franchise, that it and the Commission be indemnified with respect to all claims and actions arising from the award of said franchise. NOW THEREFORE, in consideration of the foregoing promises and the mutual promises contained in this agreement and in consideration of entering into a cable television franchise agreement and other good and valuable consideration, receipt of which is hereby acknowledged, CenturyLink hereby agrees, at its sole cost and expense, to fully indemnify, defend and hold harmless the City and the Commission, its officers, boards, commissions, employees and agents against any and all claims, suits, actions, liabilities and judgments for damages, cost or expense (including, but not limited to, court and appeal costs and reasonable attorneys' fees and disbursements assumed or incurred by the City in connection therewith) arising out of the actions of the City and Commission in granting a franchise to CenturyLink. This includes any claims by another franchised cable operator against the City that the terms and conditions of the CenturyLink franchise are less burdensome than another franchise granted by the City or that the CenturyLink Franchise does not satisfy the requirements of applicable federal, state, or local law(s). The indemnification provided for herein shall not extend or apply to any acts of the City or Commission constituting a violation or breach by the City or Commission of the contractual provisions of the franchise ordinance, unless such acts are the result of a change in applicable law, the order of a court or administrative agency, or are caused by the acts of CenturyLink. The City or Commission shall give CenturyLink reasonable notice of the making of any claim or the commencement of any action, suit or other proceeding covered by this agreement. The City and Commission shall cooperate with CenturyLink in the defense of any such action, suit or other proceeding at the request of CenturyLink. The City and Commission may participate in the defense of a claim, but if CenturyLink provides a defense at CenturyLink's expense then CenturyLink shall not be liable for any attorneys' fees, expenses or other costs that City or Commission may incur if it chooses to participate in the defense of a claim, unless and until separate representation is required. If separate representation to fully protect the interests of both parties is or becomes necessary, such as a conflict of interest, in accordance with the Minnesota Rules of Professional Conduct, between the City or the Commission and the counsel selected by CenturyLink to represent the City and/or the Commission, Century Link shall pay, from the date such separate representation is required forward, all reasonable expenses incurred by the City or the Commission in defending itself with regard to any action, suit or proceeding indemnified by CenturyLink. Provided, however, that in the event that such separate representation is or becomes necessary, and City or the Commission desires to hire a counselor any other outside experts or consultants and desires CenturyLink to pay those expenses, then City and/or the Commission shall be required to obtain CenturyLink's consent to the engagement of such counsel, experts or consultants, such consent not to be unreasonably withheld. Notwithstanding the foregoing, the parties agree that the City or Commission may utilize at any time, at its own cost and expense, its own attorney or outside counsel with respect to any claim brought by another franchised cable operator as described in this agreement. The provisions of this agreement shall not be construed to constitute an amendment of the cable communications franchise ordinance or any portion thereof but shall be in addition to and independent of any other similar provisions contained in the cable communications franchise ordinance or any other agreement of the parties hereto. The provisions of this agreement shall not be dependent or conditioned upon the validity of the cable communications franchise ordinance or the validity of any of the procedures or agreements involved in the award or acceptance of the franchise, but shall be and remain a binding obligation of the parties hereto even if the cable communications franchise ordinance or the grant of the franchise is declared null and void in a legal or administrative proceeding. It is the purpose of this agreement to provide maximum indemnification to the City and the Commission under the terms set out herein and, in the event of a dispute as to the meaning of this Indemnity Agreement, it shall be construed, to the greatest extent permitted by law, to provide for the indemnification of the City and the Commission by CenturyLink. This agreement shall be a binding obligation of and shall inure to the benefit of, the parties hereto and their successor's and assigns, if any. QWEST BROADBAND SERVICES, INC. Dated: , 2015 By: Its: 2 STATE OF LOUISIANA PARISH OF OUACHITA The foregoing instrument was acknowledged before me this day of 2015, by , the of Qwest Broadband Services, Inc., a Delaware Corporation, on behalf of the corporation. Department Head Responsible For Monitoring Contract Approved as to form: Assistant City Attorney NOTARY PUBLIC Print Name: Bar Roll #/Notary ID #: My Commission Expires: CITY OF LINO LAKES By Its: NORTH METRO TELECOMMUNICATIONS COMMISSION By: Its: 3 (To appear on CenturyLink letterhead) September 25, 2015 Mr. Michael R. Bradley Bradley Hagen & Gullikson, LLC 1976 Wooddale Drive, Suite 3A Woodbury, MN 55125 Re: Voluntary Commitments Dear Mr. Bradley: The purpose of this Letter is to set forth voluntary commitments by Qwest Broadband Services, Inc. d/b/a CenturyLink ("QBSI") to the North Metro Telecommunications Commission (the "Commission") and its Member Cities (the "Member Cities") that are in addition to the obligations contained in the Franchise Agreement, to be adopted by each Member City and executed by QBSI (hereinafter the "Franchise"). The items set forth below have been negotiated in good faith and mutually agreed to by the parties. QBSI agrees that at no time shall it be permitted to in any way offset from franchise fee payments owed the City or pass through as a separate line item on Subscriber bills any costs associated with the voluntary commitments set forth within. 1. Complimentary Prism Cable Service. This letter will confirm that any City/Member City/Commission will not need to purchase separate interne service or any equipment in order to receive complimentary cable service from QBSI as set forth in the Franchise. The City/Member City/Commission will be allowed to choose any QBSI converter equipment for its complimentary equipment. 2. Simulcasting PEG Channels. This letter will confirm that QBSI may simulcast the City/Member City's PEG channels in high definition (HD) and standard definition (SD). QBSI may simulcast the PEG channels in other formats provided from the City/Member City to QBSI. Simulcasting does not change the number of PEG channels being provided under each Franchise. For example, if the City is provided nine (9) PEG channels in the Franchise, QBSI may simulcast each of the 9 PEG channels in HD, and SD. 3. Cost Reimbursement. To the extent the Commission's expenses exceeded the franchise application fee, QBSI will fully reimburse the City for all of its reasonable costs and expenses within 60 days of granting the Franchise. 4. Twin Cities Metro PEG Interconnect. The Commission and each Member City shall have the right to fully participate in the Twin Cities Metro PEG Interconnect, which will allow participants to share (send and receive) live PEG programming with one another provided the other City has agreed with QBSI to share its PEG programming Mr. Michael R. Bradley September 25, 2015 Page 2 of 2 5. Complimentary broadband service to a City facility location. Within 90 days of executing the Franchise, QBSI shall make available complimentary commercial grade Wi-Fi enabled internet service and associated equipment at the highest speed available by Grantee to one public location (such as a community center) within each Member City. The Member City and/or the Commission shall determine the location in consultation with QBSI. QBSI shall have the option of co -branding the free public Wi-Fi with the City at said location. The Wi-Fi equipment shall be capable of providing Wi-Fi to the the primary community meeting area of the Member City location. The service level quality shall be as provided to commercial customers and this commitment shall remain in place throughout the term of the Franchise. The parties understand that voluntary commitments listed above supplement other obligations contained in the Franchise. Enforcement of the terms of this Letter of Agreement shall be consistent with the enforcement procedures set forth in the Franchise. CenturyLink stipulates that a violation of these terms by CenturyLink may be considered by the City as a violation of the Franchise and shall subject CenturyLink to all remedies available to the City under the Franchise and pursuant to applicable law. Acknowledged and agreed to this day of September, 2015. Qwest Broadband Services, Inc. By- Its' y Its• CITY COUNCIL AGENDA ITEM 3B STAFF ORIGINATOR: Jeff Karlson MEETING DATE: December 14, 2015 TOPIC: Non -Union Compensation Plan VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to consider a resolution establishing the 2016 compensation plan for non-union employees. BACKGROUND The non-union compensation plan includes the followings positions: city administrator, department directors, deputy public safety directors, public safety captain, and city clerk. The 2016 plan embodies a salary adjustment of 2.5 percent. The 2016 budget includes a 2.5 percent wage increase for all City personnel. RECOMMENDATION Approve Resolution No. 15-149, establishing the 2016 compensation plan for non-union employees, effective January 1, 2016. ATTACHMENTS Resolution No. 15-149 CITY OF LINO LAKES RESOLUTION NO. 15-149 RESOLUTION ESTABLISHING 2016 COMPENSATION PLAN FOR NON-UNION EMPLOYEES WHEREAS, Section 207.04 of the Code of Ordinances requires the City Administrator to establish and maintain a compensation plan for all positions in the City, which is to be reviewed and approved by the City Council; and WHEREAS, this plan is in compliance with Minnesota Statute 471, which is referred to as the Pay Equity Law; and WHEREAS, the compensation plan for non-union employees includes a two and a half percent (2.5%) wage increase, effective January 1, 2016. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the following salary schedule by adopted. City of Lino Lakes 2016 Compensation Plan Effective January 1, 2016 Position Minimum Monthly Step 2 Step 3 Step 4 Step 5 Maximum Monthly City Administrator $9,189 $9,648 $10,108 $10,567 $11,027 $11,486 Public Safety Director $8,087 $8,491 $8,896 $9,300 $9,704 $10,109 Finance Director $7,595 $7,975 $8,354 $8,734 $9,114 $9,494 Public Serv. Director $7,509 $7,884 $8,260 $8,635 $9,010 $9,386 Comm. Dev. Director $7,319 $7,685 $8,051 $8,417 $8,783 $9,149 Dep. Public Safety Dir. $7,084 $7,438 $7,792 $8,147 $8,501 $8,855 Public Safety Captain $6,621 $6,952 $7,283 $7,614 $7,945 $8,276 City Clerk $4,984 $5,233 $5,482 $5,732 $5,981 $6,230 Adopted by the Lino Lakes City Council this 14th day of December 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 3C STAFF ORIGINATOR: Jeff Karlson, City Administrator MEETING DATE: December 14, 2015 TOPIC: 1st Reading of Ordinance No. 14-15, Adding Chapter 215 to the Lino Lakes Code of Ordinances, regarding Joint Powers Agreements VOTE REQUIRED: 3/5 INTRODUCTION The city enters into agreements with other governmental units to jointly provide services or work on mutual projects. BACKGROUND Joint powers agreements are usually limited in scope and duration and do not result in creation of a joint powers entity. However, when a joint powers board is established and there is a requirement for ongoing financial contributions from the City, it is not appropriate for the City to be held to a governing position that is disproportionate to the amount of support provided. By adding Chapter 215 to the Lino Lakes Code of Ordinances, language is in place that ensures that the City will not participate in a joint powers agreement unless voting powers on a governing board are proportional to the City's financial obligations relative to the other board members. RECOMMENDATION Consideration of the 1St Reading of Ordinance No. 14-15, Adding Chapter 215 to the City Code relating to Joint Powers Agreements. ATTACHMENTS Ordinance No. 14-15 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 14-15 ORDINANCE REGULATING JOINT POWERS AGREEMENTS The City Council of Lino Lakes ordains: Section 1. Chapter 215 of the City Code is hereby adopted as follows: CHAPTER 215 — JOINT POWERS AGREEMENTS Section 215.01 Intent 215.02 Joint Powers Agreements § 215.01 INTENT. It is often in the City's interest to enter into agreements with one or more other governmental units in order to undertake projects, provide services or otherwise exercise powers in a manner that is more efficient and cost effective than if the City acted alone. Such agreements are usually limited in scope and duration and do not create a separate joint powers entity. In those instances, however, where the joint powers agreement both creates a joint powers board and requires ongoing financial contributions from the City, there is a potential for the City's financial obligations to be disproportionate to the amount of control the City may exercise on the board. Particularly in the area of public safety, such a disparity between funding and control may not be in the City's best interests. Section 215.02 is intended to prevent such disparities in certain joint powers agreements. § 215.02 JOINT POWERS AGREEMENTS. The City shall not approve a joint powers agreement that (1) provides public safety services (police or fire); (2) creates a joint powers board; and (3) requires financial contributions from the City, unless the City's voting power on the joint powers board relative to the other board members is proportional to the City financial obligations relative to the other board members. Section 2. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this 14th day of December, 2015. The motion for the adoption of the foregoing ordinance was introduced by Council Member and was duly seconded by Council Member and upon vote being taken, the following voted in favor: And the following voted against: ATTEST: Julianne Bartell, City Clerk 2 Jeff Reinert, Mayor CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: December 14, 2015 TOPIC: Convert seized property to City Property for City use VOTE REQUIRED: 3/5 INTRODUCTION The City of Lino Lakes Ordinance 213.07(1) authorizes the Public Safety Department to appropriate unclaimed property for City use if authorized to do so by a majority vote of the City Council. BACKGROUND As part of the continued management of police division property and evidence room, staff identified the below listed equipment for City use. 1. 05-095812- digital scale. To be placed in the evidence processing area to aid in the packaging of evidence. 2. 05-299422, misc. collector coins, collector $2 bill, small pry bar, possession of stolen property, no known owner. To be deposited in the general fund. 3. 06-193910, $2.00 in quarters found in a backpack the owner did not want returned. Will be deposited in the general fund. 4. 07-214256, $9.00 cash, found property case, unknown owner. Will be deposited in the general fund. 5. 07-263556, copper pipes, theft, unknown owner. To be scrapped and the proceeds deposited in the general fund. 6. 08-128754, $16.00 cash, unknown owner from theft case. Will be deposited in the general fund. 7. 10-151029, $1.00 cash found among misc. drug paraphernalia, unknown owner. Will be deposited in the general fund. 8. 11-069115, lock pick set found in recovered stolen vehicle, unknown owner. Will be placed in evidence processing area and used on warrants and to obtain entry into locked containers seized as evidence. 9. 12-090706, LG 32" TV & Anthem projector, burglary, no known owner, items have been checked and are not entered as stolen. Items will be used in the training room. 10. 14-001713, Remington 308 rifle, recovered stolen, insurance company requested the gun be destroyed; it will be rendered inoperative and used for firearms safety classes. All related court and investigative matters has been completed. Staff has complied with all statuary obligations to notify all concerned parties and received no communications related to any of these cases or the related property. RECOMMENDATION Authorize the Public Safety Department to convert the above listed property from seized property to city owned property. ATTACHMENTS None CITY COUNCIL AGENDA ITEM 4B STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: December 14, 2015 TOPIC: Authorize the Lease with North Memorial Ambulance Service for Use of Lino Lakes Fire Station #1 and #2 VOTE REQUIRED: 3/5 INTRODUCTION The North Memorial Ambulance Service has requested to use Lino Lakes Fire Station #1 and #2 to base one ambulance. BACKGROUND As part of the integration of fire services into the Public Safety Department we have worked closely with the staff from North Memorial on medical response protocols, training matters, and establishing a formal relationship to receive Medical Direction from North Memorial. Staff has also negotiated a lease agreement with North Memorial Ambulance Service. This lease allows North Memorial Ambulance to utilize one of the two Lino Lakes fire stations to house one ambulance and crew. North Memorial will pay the City of Lino Lakes $1,200 per month and the lease is for three years. This lease was developed by City Attorney, Joseph Langel. Mr. Langel has reviewed all subsequent revisions and he is satisfied the lease is an appropriate form for signature by City staff. RECOMMENDATION Staff recommends that Council approves this lease. ATTACHMENTS Lease Agreement with North Memorial Ambulance Services LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease"), is made and entered into this 1St day of January, 2016, by and between the City of Lino Lakes, a Minnesota municipal corporation ("Lessor"), and North Memorial Health Care, a Minnesota nonprofit corporation ("Lessee") (collectively "Parties"). RECITALS WHEREAS, Lessor is the owner of real property located at 7741 Lake Drive, Lino Lakes on which Fire Station No. 1 is located ("Station 1"), and is the owner of real property located at 1710 Birch Street in Lino Lakes on which Fire Station No. 2 is located ("Station 2"); and WHEREAS, Lessee desires to lease portions of Station 1 and Station 2 to store and operate its ambulances; and WHEREAS, Lessor is willing to lease to Lessee upon such terms and conditions as are expressed herein. NOW, THEREFORE, Lessor and Lessee hereby covenant and agree as follows: 1. LEASED PREMISES: Subject to, and upon the terms, provisions, and conditions hereinafter set forth, Lessor does hereby lease and demise unto Lessee, the following ("Leased Premises" or "Premises"): Station 1: The Leased Premises consist of 956 sq. feet of interior space to store and operate Lessee's ambulance, as illustrated in the attached Exhibit A, and two exterior parking stalls for Lessee's employees. Additionally, Lessee shall have the non-exclusive right to use the following common areas: corridor, kitchen, fire department dayroom, shower room, locker area, and restroom, subject to the rules, regulations and policies of Lessor, which may change from time to time. Station 2: Lessee shall not have any dedicated leased space in Station 2, but shall have the non-exclusive right to use the following areas of the first floor: dayroom, kitchen, restrooms, dispatch/staging room, decontamination restroom as needed, and the hallways, as highlighted on the attached Exhibit B. Lessee shall also have the right to use the apparatus bay for one ambulance, with immediate emergency access to an exit (specific location to be assigned by the Public Safety Director), as well as two exterior parking stalls for Lessee's employees. The use of all areas is subject to the rules, regulations and policies of Lessor, which may change from time to time. There is no leased space above the first floor. 2. TERM OF LEASE: The term of this Lease shall commence as of January 1, 2016, and shall continue for a term of three years. Any prior lease between the Parties for any portion of the Leased Premises is hereby terminated. The Parties further acknowledge that the Operations Agreement dated January 1, 2010, between Lessee and the Centennial Fire District is null and void given that Lessor has withdrawn from CFD and CFD is no longer involved with, or has control over, the fire station that is subject to that Agreement (former CFD Station No. 2, n/k/a Station 1). Lessee shall provide notice to CFD of the termination of the Operations Agreement as appropriate. 3. EARLY TERMINATION OF LEASE: The Lease may be terminated without cause prior to the end of the term by either Party by providing 180 days written notice to the other Party. Upon termination of this Lease, Lessee will promptly and peaceably surrender the Premises to Lessor in substantially the same condition existing on the commencement date of the Lease, ordinary and reasonable use, damage and wear excepted. 4. RENT: Lessee shall pay to Lessor Rent for the use of the Leased Premises in the amount of $1,200.00 per month. Rent shall be payable in advance on or before the first day of each and every month of this Lease. If Lessee fails to pay Rent by the fifth day of the month in which such payment is due, Lessee shall automatically be assessed and shall pay, as additional Rent, a late charge equivalent to ten percent (10%) of the amount of such late payment. Lessor reserves the right to increase Rent by providing Lessee with written notice at least 90 days in advance of the effective date of the increase. 5. MAINTENANCE: a. Lessor shall be responsible for maintenance and repair of all structural components, heating, ventilation, air conditioning, electrical, plumbing and mechanical systems of the Premises. b. Lessor shall be responsible for maintaining the exterior and surrounding areas, including lawn care and snow removal. c. Lessee shall maintain and clean the dedicated leased area within Station 1 (ambulance day room and bedrooms), and shall otherwise clean any mess or clutter created by Lessee in all other areas to which it has access (including dishes, counters, refrigerator, etc.). 2 d. Lessee shall be responsible for all damage arising out of its use of the Leased Premises, ordinary wear and tear excepted. 6. VISITOR AND PET RESTRICTIONS: Lesssee shall not allow anyone other than its own personnel into either Station unless authorized in advance by the Public Safety Director. Lessee shall not allow any pets or other non -service animals into the Fire Stations. 7. LESSOR PROPERTY: Lessee acknowledges that this Lease does not grant Lessee unfettered access to Lessor's tools, equipment, furniture or fixtures outside of the leased and common areas. Lessee shall not use, borrow or take any Lessor tools or equipment without express prior authorization from the Public Safety Director. Tools and equipment include hand tools, power tools, audio visual equipment, computers, and firefighting and EMT apparatus and supplies. 8. INSURANCE: During the term of this Lease, Lessor shall obtain and maintain liability and property damage insurance for the entire properties. Lessee shall, at its own cost, maintain personal property and contents insurance, as well as maintain public liability insurance in an amount sufficient to cover the liability limits of Minn. Stat. § 466.04, as amended. Lessee shall also maintain automobile liability insurance with a combined single limit of $1,500,000 for bodily injury and property damage with coverage for all owned, non -owned and hired vehicles. Lessor shall be named as an "additional insured" on any insurance maintained by Lessee that relates to the Premises or its use. All insurance required to be maintained by Lessee under this Lease shall be effected under valid and enforceable policies issued by a reputable insurance company or companies authorized to do business in the State of Minnesota. Not less than 10 days prior to the Lease term, Lessee shall deliver to Lessor certificates of all insurance required to be maintained hereunder. Lessee shall immediately notify Lessor of any changes in coverage or policy status for the policies required to be maintained under this Lease. 9. INDEMNITY: Lessee agrees to indemnify, defend and hold Lessor harmless from and against any and all claims, actions, liability, and damages of every kind and nature, and from and against all costs and expenses, including reasonable attorneys fees, to the extent proximately caused by the negligence or intentional tort of Lessee, its agents, employees, licensees, or invitees, in or about Station 1 and Station 2. In the event of any action or proceeding brought against Lessor, by reason of any 3 such claim, upon notice from Lessor, Lessee covenants to defend such action or proceeding by counsel satisfactory to Lessor. a. Lessor agrees to indemnify, defend and hold Lessee and its directors, officers, employees, agents and representatives harmless from and against all loss, liability, damages and expense (including reasonable attorney's fees) caused by any act or omission of Lessor, its officers, employees, agents, invitees and representatives, except to the extent such loss, liability, damage or expense is covered by insurance maintained by Lessor. Lessor and Lessee hereby waive against the other any claims, liabilities or damages arising from or caused by any hazard covered by the insurance maintained or required by the waiving part. 10. NON -LIABILITY OF LESSOR: Except in the event of negligence or an intentional act by Lessor, its agents, employees, or contractors, Lessor shall not be liable for any loss or damage resulting from or caused by any failure to furnish heat, electricity, water, gas, air conditioning or sprinkler system, nor for any consequential damage arising from interruption of any utility or services. 11. ASSIGNMENT: Lessee shall not assign or transfer any of its rights under this Lease or sublease any part of the Premises. 12. DEFAULT: a. Should any voluntary or involuntary petition in bankruptcy be filed by or against Lessee, Lessor may, by written notice to Lessee, immediately terminate this Lease and terminate Lessee's right to possession of the Premises. If Lessee does not voluntarily quit the Premises upon receipt of notice of termination, Lessor may, in its discretion, recover sole possession of the Premises in an eviction (unlawful detainer) proceeding, and recover from Lessee all attorney fees, costs, and expenses relating to such proceeding. In addition, Lessor shall be entitled to recover all damages and other claims arising prior to the date of termination, including without limitation, all rent due through the end of the month of termination, damages, and attorney fees. b. If Lessee defaults in the payment of Rent, and such default continues for 20 days after Lessor's written notice thereof to Lessee, or Lessee defaults in the prompt and full performance of any other provision of this Lease and such default continues for 30 days after Lessor's written notice thereof to Lessee, or if Lessee makes an assignment for the benefit of creditors, or if a receiver is appointed for the 4 property of Lessee, or if Lessee abandons the Premises, then, and in any such event, Lessor may by written notice to Lessee, immediately terminate this Lease and terminate Lessee's right to possession of the Premises. If Lessee does not voluntarily quit the Premises upon receipt of notice of termination, Lessor, may, in its discretion, recover sole possession of the Premises in an eviction (unlawful detainer) proceeding, and recover from Lessee all attorney fees, costs, and expenses relating to such proceeding. In addition, Lessor shall be entitled to recover all damages and pursue all claims arising prior to the date of termination, including without limitation all rent due through the end of the month of termination, damages, and attorney fees. 13. RIGHT OF ENTRY: Lessor and its employees or agents shall have the right, without any diminution of Rent, additional Rent or other charges payable hereunder by Lessee, to enter the Premises at all reasonable times and upon reasonable notice for the purpose of inspection, cleaning, repairing, altering or improving the same or the Premises, but nothing contained in this provision shall be construed so as to impose any obligation on Lessor to make any repairs, alterations or improvements. 14. USE BY LESSEE: Lessee agrees to comply with all laws, ordinances, orders, rules, and regulations promulgated by all government agencies which relate to the use, condition, or occupancy of the Premises by Lessee. Lessee warrants that it will abide by Lessor's workplace policies and the Premises will remain tobacco and chemical free. Lessee acknowledges and agrees that Lessor has the exclusive authority to modify and/or change its rules and regulations at any time. Lessee shall not make any alterations or improvements to the Premises without prior written consent of Lessor. All alterations and improvements to the Premises and fixtures shall become the property of Lessor. 15. SAFETY AND SECURITY: Lessee is solely responsible for the safety and security of its employees, guests, and invitees while they are on the Premises. The Lessee is also responsible for maintaining security of the structure as well as the confidentiality of any door codes, keys, entry devices and they like used to gain access into the structure. 16. SIGNS: Lessee agrees that no exterior or interior window or door sign, advertising media, or window or door lettering or placards or other signs or advertising materials shall be installed, erected, attached or affixed to any 5 portion of the interior or exterior of the Premises or the buildings, without the express prior written consent of Lessor. 17. DAMAGE OR DESTRUCTION OF PREMISES: If the Premises are damaged or destroyed by fire or other casualty, Lessee shall have the right to terminate this Lease provided it gives written notice thereof to Lessor within 60 days after such damage or destruction, unless such fire, damage, or destruction is proved to be the fault of Lessee. 18. SUCCESSORS: It is agreed that the covenants, terms and conditions of this Lease shall extend, apply to and firmly bind the heirs, executors, administrators, successors, and assigns of the respective parties. 19. SEVERABILITY: If any term, condition, or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder thereof and the application of such term, provision and condition to persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Lease and all terms, provisions and conditions hereof shall, in all other aspects, continue to be effective and to be complied with to the fullest extent permitted by law. 20. RELATIONSHIP: This Lease does not create the relationship of principal and agent, partnership, joint venture, or any other association between Lessor and Lessee. 21. CONSTRUCTION OF LEASE: It is agreed that this Lease shall be governed by, construed, and enforced in accordance with the laws of the State of Minnesota. 22. ENTIRE AGREEMENT: This Lease shall constitute the entire agreement relating to the lease of the Premises between the Parties. Any prior understanding or representation of any kind preceding the date of this Lease shall not be binding upon either party except to the extent incorporated in this Lease. [The remainder of this page left blank.] 6 IN WITNESS WHEREOF, the parties hereto caused these presents to be validly executed in their respective names, as of the day and year first above -written. LESSOR: LESSEE: CITY OF LINO LAKES NORTH MEMORIAL HEALTH CARE By: By: Its: Its: By: By: Its: Its: 218171 7 NOIl?f12:I±SNOO 2:10d ION . C:i1-Aeotu2:av:0015;14045- Lino LanesFirst!:oiisett2 os;arot>t;on.tvt 12:5/2014 3 42 40 PM 23 m m O 0 0) c) 3 .rt n 00 lid le3iUEL13e d . . . • N O O B 411 gem 0 o co 1 1 1 1 1 1 1 1 1 1 I MIME J S O O Jv O N 0 D3 co 0 fp to iv 3 0 — en g I )t 4L____--,— i 11 11 U 0 a� Exhibit B to Lease Agreement between City of Lino Lakes and North Memorial Health Care Lino Lakes Fire Station No. 2 1720 Birch Street Lino Lakes, MN 55014 1 SC78 Lino Lakes Fire House #2 Lino Lakes, Minnesota REVISIONS: 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433 1 41 COPYRIGHT BY CNH ARCHITECTS, INC. Exhibit A to Lease Agreement between City of Lino Lakes and North Memorial Health Care. Lino Lakes Fire Station No. 1 7741 Lake Drive Lino Lakes, MN 55014 11.0.0 Corcvv\ty:SV0,Q,e_ :uuuiuIHHIuu GENERAL • OFFICE 'o 11cs11 rAIMf3 CITY COUNCIL AGENDA ITEM 4C STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: December 14, 2015 TOPIC: Authorize the Public Safety Department to contract with North Memorial Ambulance for Medical Director VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Public Safety Department is registered as a Medical Response Unit with the Minnesota Emergency Medical Services Regulatory Board (EMSRB) and is required to get medical control direction from a Medical Director. North Memorial Ambulance provides ambulance services to the City of Lino Lakes and has agreed to provide Medical Director services to the Public Safety Department. BACKGROUND As part of the integration of fire services into the Public Safety Department we have worked closely with the staff from North Memorial on medical response protocols, training matters, and establishing a formal relationship to receive Medical Direction from North Memorial. This contract has been reviewed by City Attorney, Joseph Langel, and he is satisfied the contract in an appropriate form for signature by City staff. North Memorial Ambulance provides all ambulance services in the City of Lino Lakes and as such has agreed to provide Medical Direction to the Public Safety Depaitment at no charge. RECOMMENDATION Staff recommends that Council authorize this contract. ATTACHMENTS Contract with North Memorial for Medical Direction North Memorial Health Care FIRST RESPONDER AGENCY MEDICAL DIRECTION Between North Memorial Ambulance Service (Medical Control) And Lino Lakes Public Safety Department (Agency) It is the purpose of this agreement to facilitate first responder agencies in providing emergency medical care. North Memorial Health Care will provide the Agency with Medical Control, as defined by Minnesota Statutes section 144E.001, subdivision 8a, when the following criteria are met by the Agency." I. RESPONSIBILITIES - FIRST RESPONDER AGENCY The Agency will maintain Medical Response Unit Registration with the State of MN EMSRB (Minnesota Statute 144E.275) Training Emergency Medical Responder (EMR) training, as required by the Minnesota EMSRB and as outlined in Minnesota Statutes section 144E.27, shall be conducted through North Memorial EMS Education or a licensed provider certified with the Minnesota EMSRB as approved by the North Memorial EMS physician providing Medical Control. North Memorial EMS Physicians providing medical control may authorize individuals who have been trained and tested (and have annual retraining/testing) to use certain equipment and medications. The Agency must maintain a list of these individuals including training dates. Printed By: M Sanford Printed: December 14, 2015 Page 1 of 4 North Memorial Medical Direction 2016 FINAL 0 North Memorial Health Care FIRST RESPONDER AGENCY MEDICAL DIRECTION Equipment Only equipment approved by the Medical Director may be used by the first responder team. Repair and maintenance of this equipment is the responsibility of the first responder agency. Protocols North Memorial First Responder protocols, or BLS protocols if applicable, must be utilized. In addition to the First Responder BLS Protocols, the agency has chosen to maintain the following skills. All skills must be maintained to the minimum standards indicated. (Valid only if checked with typewritten "x" mark) ❑ Blood Glucose Measurement (Glucometer). Individuals credentialed at the EMT level or higher may perform blood glucose administration. The Agency has the responsibility to maintain control checks and other maintenance required by the device manufacturer. ❑ Placement of Advanced Airway (King Airway). Verification of proficiency is required annually by a medical director or appropriate delegated authority. Failure to demonstrate proficiency will result in suspension of privileges to perform the skill. ❑ Placement of Intravenous Line. Individuals credentialed at the paramedic level in the state of Minnesota may be authorized to place intravenous lines within their role. Verification of proficiency will occur annually by a medical director or designee. Reporting Medical Director requires a patient encounter form and/or defibrillator code summary if applicable. Employees Not Agents of North Memorial Health Care Employees of the first responder agency are not agents of North Memorial Health Care or its subsidiaries and shall not advertise themselves as such. Agency employees acting under the terms of this contract are agents of the first responder agency. Neither North Memorial Health Care nor the medical directors acting in its interest assume liability for a failure of the agency or its agents to perform as required by this contract. Printed By: M Sanford Printed: December 14, 2015 Page 2 of 4 North Memorial Medical Direction 2016 FINAL North Memorial Health Care FIRST RESPONDER AGENCY MEDICAL DIRECTION II. RESPONSIBILITIES - NORTH MEMORIAL HEALTH CARE Medical Control shall be provided by North Memorial Health Care through a Medical Director, who has the following responsibilities: 1. approving standards for education and orientation of personnel that impact patient care; 2. approving standards for purchasing equipment and supplies that impact patient care; 3. establishing standing orders for prehospital care; 4. approving written triage, treatment, and transportation guidelines for adult and pediatric patients; 5. participating in the development and operation of continuous quality improvement programs including, but not limited to, case review and resolution of patient complaints; 6. establishing procedures for the administration of drugs; and 7. maintaining the quality of care according to the standards and procedures established under clauses (1) to (6). III. REGULATORY REQUIREMENTS Nothing in this contract shall violate local, state, or federal laws and regulations. Both parties agree to fulfill the obligations of this contract while adhering to local, state, and federal laws and regulations that may govern it. IV. INDEMINFICATION To the extent allowed by law, Medical Control and the Agency shall indemnify and hold harmless the other party against all claims, losses, damage, liability, suits, judgments, costs and expenses arising from negligence or intentional misconduct of personnel assigned by that party. Printed By: M Sanford Printed: December 14, 2015 Page 3 of 4 North Memorial Medical Direction 2016 FINAL North Memorial Health Care FIRST RESPONDER AGENCY MEDICAL DIRECTION V. CONFIDENTIALITY Agency recognizes that Medical Control Provider is a covered entity and must maintain compliance with federal and state laws and regulations that govern patient privacy. This includes, but is not limited to, the HITECH Act, HIPAA, and the Minnesota Government Data Practices Act. Medical Control Provider may withhold Patient Health Information (PHI) from Agency as determined necessary to comply with federal and state laws and regulations. VI. TERMINATION Either party may terminate this agreement by giving 30 days' notice with cause, or 60 days' notice without cause. IN WITNESS WHEREOF, the parties have signed this Agreement on the dates listed below: NMAS Medical Director First Responder Agency (Authorized Signature) Date Date Printed By: M Sanford Printed: December 14, 2015 Page 4 of 4 North Memorial Medical Direction 2016 FINAL STAFF ORIGINATOR: MEETING DATE: TOPIC: CITY COUNCIL AGENDA ITEM 6A Diane Hankee, City Engineer December 14, 2015 Consider Resolution No. 15-150 Approving the Joint Powers Agreement with Anoka County for the Roundabout Construction Project at the Intersection of County State Aid Highway 12 (109th Ave. NE / Apollo Drive) and County Road 53 (Sunset Ave.) VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting approval of the Joint Powers Agreement (JPA) between the City of Lino Lakes and Anoka County for the Roundabout Construction Project at the Intersection of County State Aid Highway 12 (109th Ave. NE / Apollo Drive) and County Road 53 (Sunset Ave.). BACKGROUND Anoka County is planning improvements to the intersection of County State Aid Highway 12 (109th Ave. NE / Apollo Drive) and County Road 53 (Sunset Ave.) in 2016. The improvements include the construction of a roundabout, storm water quality improvements and appurtenant work. The overall project cost is estimated to be $1,300,000. The improvement project requires the execution of a Joint Powers Agreement between the City and County, which is attached. The City's financial responsibility for the project is for lighting, bituminous/concrete walks and storm water from local drainage for a total estimated amount of $80,000. Funding for the project will be through the City's Municipal State Aid (MSA) account and the City's surface water management fund, for drainage costs that may not be eligible for MSA funding. RECOMMENDATION Staff is recommending adoption of Resolution No. 15-150 approving the Joint Powers Agreement with Anoka County for the Roundabout Construction Project at the intersection of County State Aid Highway 12 (109th Ave. NE / Apollo Drive) and County Road 53 (Sunset Ave.). ATTACHMENTS 1. Resolution 15-150 2. Joint Powers Agreement 3. Layout CITY OF LINO LAKES RESOLUTION NO. 15-150 APPROVING THE JOINT POWERS AGREEMENT WITH ANOKA COUNTY FOR THE ROUNDABOUT CONSTRUCTION PROJECT AT THE INTERSECTION OF COUNTY STATE AID HIGHWAY 12 (109TH AVE. NE/APOLLO DR.) AND COUNTY ROAD 53 (SUNSET AVE.) WHEREAS, the parties to this agreement agree it is in the best interest of the traveling public to construct a roundabout at the intersection of County State Aid Highway (CSAH) 12 (109th Ave. NE / Apollo Drive) and County Road (CR) 53 (Sunset Ave.); and WHEREAS, said parties mutually agree that the intersection of CSAH 12 and CR 53 is in need of improvement; and WHEREAS, the County has prepared preliminary design plans for the construction of a roundabout at the intersection of CSAH 12 and CR 53 in accordance with Anoka County and the Minnesota Department of Transportation standards to a staff -approved layout condition; and WHEREAS, Anoka County has jurisdiction over CSAH 12 and CR 53; and WHEREAS, the parties agree that it is in their best interest that the cost of the roundabout project be shared; and WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. WHEREAS, the City of Lino Lakes and Anoka County desire to enter into a Joint Powers Agreement for the Roundabout Construction Project at the Intersection of County State Aid Highway 12 (109th Ave. NE / Apollo Drive) and County Road 53 (Sunset Ave.). NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes approves the Joint Powers Agreement with Anoka County for the Roundabout Construction Project at the Intersection of County State Aid Highway 12 (109th Ave. NE / Apollo Drive) and County Road 53 (Sunset Ave.). Adopted by the Council of the City of Lino Lakes this 14th day of December, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member upon vote being taken thereon, the following voted in favor thereof: and The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk Anoka County Contract No. C0004687 JOINT POWERS AGREEMENT FOR THE ROUNDABOUT CONSTRUCTION PROJECT AT THE INTERSECTION OF COUNTY STATE AID HIGHWAY 12 (109TH AVE. NE/APOLLO DR.) AND COUNTY ROAD 53 (SUNSET AVE.) IN THE CITIES OF LINO LAKES, MN AND BLAINE, MN (ANOKA COUNTY SP 002-612-013) (CITY OF LINO LAKES SAP ***-***-***) THIS AGREEMENT is made and entered into this 14th day of December, 2015 by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as "County", and the City of Lino Lakes, 600 Town Center Parkway, Lino Lakes, MN 55014, hereinafter referred to as "City." WITNES SETH WHEREAS, the parties to this agreement agree it is in the best interest of the traveling public to construct a roundabout at the intersection of County State Aid Highway (CSAH) 12 (109th Ave. NE / Apollo Drive) and County Road (CR) 53 (Sunset Ave.); and WHEREAS, said parties mutually agree that the intersection of CSAH 12 and CR 53 is in need of improvement; and WHEREAS, the County has prepared preliminary design plans for the construction of a roundabout at the intersection of CSAH 12 and CR 53 in accordance with Anoka County and the Minnesota Department of Transportation standards to a staff -approved layout condition; and WHEREAS, Anoka County has jurisdiction over CSAH 12 and CR 53; and WHEREAS, the parties agree that it is in their best interest that the cost of the roundabout project be shared; and WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I. PURPOSE The parties have joined together for the purpose of constructing a roundabout at the intersection of CSAH 12 and CR 53 as described in the preliminary design plans. The County project number for the reconstruction is SP 002-612-013. Said engineering plans are filed in the office of the Anoka County Highway Department and incorporated herein by reference. The parties to this Joint Powers Agreement (JPA) agree in principle that construction of County State Aid Project No. 002-612-013 roundabout is in the best interest of the traveling public and that the Preliminary Layout as shown in Exhibit "A" defines the preliminary design of the Project. 1 It is agreed that the Exhibit "A" Layout dated November 30, 2015 has been reviewed and accepted by the parties and is suitable for preparation of final construction documents. Any significant changes made hereafter to the design as presented in the Exhibit "A" Layout will require approval by the parties as an amendment to this JPA. These same changes will require a change in the cost share to include any additional design engineering costs that may occur. II. METHOD The County shall construct Anoka County Project SP 002-612-013, in conformance with proposed engineering plans and specifications. IMPROVEMENTS It is agreed by the parties that in 2016 the intersection of CSAH 12 and CR 53 will be reconstructed into a single lane roundabout. The roadways will have a concrete median and bituminous walk to the extent shown in "Exhibit A." Improvements include but are not limited to: roadway widening, roundabout construction, lighting, turn lanes, shoulders, curb and gutter, and bituminous walk. The costs of these improvements have been estimated for this agreement and will be finalized after bids have been received. These costs will be shared by the County and the City, but only as provided in this agreement. RIGHT OF WAY: The parties agree that the County will acquire all necessary right-of-way and easements for the Project. It is agreed by the parties that all necessary right of way and easements will be in legal possession of the County prior to acceptance of bids for the Project. Any City -owned property or easements required for the construction will be conveyed to the County at no cost. The County will work with the City to facilitate any transfer of City -owned property or easements necessary to complete the Project. DRAINAGE: The City shall pay for a percentage of actual cost of the storm sewer system. The City portion of the cost is based on contributing flow through the storm sewer system determined by the product of contributing area and runoff coefficient for the project area. BITUMINOUS WALK: The parties agree that the construction of the bituminous sidewalk around the roundabout is a City cost per the Exhibit C "Cost Sharing Agreement." This walk location has been agreed to by the City. If this location changes in the future, the additional costs associated with this change will be the responsibility of the City. The parties understand that the cost for the bituminous walk includes: bituminous surfacing, aggregate base, excavation (including muck excavation), borrow material (granular and topsoil), and turf establishment. The parties agree that the County will pay for the design of the walk and any removal items, with the exception of soils, required to construct the bituminous walk. 2 TRAFFIC CONTROL: The parties understand and agree that the portions of CSAH 12 and CR 53 will be closed to thru traffic during construction. The parties agree and understand the cost share for traffic control for the city shall be a prorated share based on the City project cost divided by the total project cost. DRIVEWAYS: The parties agree that all driveways affected by the Project will be reconstructed in kind at 100% project cost with the cost of any upgrades requested by the City, including concrete aprons, to be the sole responsibility of the City. LANDSCAPING/STREETSCAPING: The parties agree that if the City wishes to include landscaping or streetscape features in the project, they shall be designed in accordance with Anoka County Highway Department Landscape/Streetscape Guidelines. The City shall supply the signed plan sheets and specifications for the proposed landscape/streetscape. The total cost of the design as well as the construction cost above standard median/roundabout cost will be at the expense of the City. All construction documents must be submitted to the County by December 15, 2015. After construction and the expiration of any maintenance bond, ongoing maintenance of any landscaping or streetscaping will be the sole responsibility of the City. LIGHTING: The parties agree that the roundabout intersection lighting costs will be shared per the standard County cost share for traffic signals, with the City paying for 25 % of the roundabout lighting. If the City would like additional lighting on the Project, this would be 100% City cost. Lighting will be installed in accordance with the City lighting ordinance and will contain LED fixtures wherever possible and provided such lighting is within the budget for the Project. UTILITIES: The parties agree that the Exhibit "A" Layout does not include specific proposed utility locations and that the City does not have any public sewer or water lines in the vicinity of the Project. Therefore, the City will not be responsible for any costs related to utilities. PERMITS: The parties agree that the County will secure all necessary permits for this Project, including any permits required by the City. The City agrees to coordinate with the County in securing any permits required by the Rice Creek Watershed District (RCWD), city permits, as well as any other permits that may be required. The County also requests that the City inform the County of any ordinances or city regulations that affect construction at the time of the signing of this JPA. (e.g. setbacks, tree clearing ordinances, or any other city ordinances.) 3 COSTS The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good faith projections of the costs that will be incurred for this project. Actual costs will vary and those will be the costs for which the relevant parties will be responsible. The estimated construction cost of the total project is $1,123,197.02. The total estimated construction cost to the City is $79,676.73 The City participation in construction engineering will be at a rate of eight percent (8%) of their designated construction share of $79,676.73. The estimated cost to the City for construction engineering is $6,374.14. In summary, the total City share of this project is $86,050.87 (includes construction and construction engineering costs). Upon award of the contract, the City shall pay to the County, upon written demand by the County, ninety five percent (95%) of its portion of the cost of the project estimated at $81,748.33. Prior to billing, this estimate will be updated by the County to reflect the actual bid prices as awarded. An updated cost estimate shall be provided to the City at the time of billing. The City's share of the cost of the project shall include only construction and construction engineering expense and does not include engineering design and administrative expenses incurred by the County. Upon final completion of the project, the City's share of the construction cost will be based upon actual construction costs. If necessary, adjustments to the initial ninety five percent (95%) charged to the city will be made in the form of credit or additional charges to the City's share. Also, the remaining five percent (5%) of the City's portion of the construction costs shall be paid. IV. TERM This Agreement shall continue until terminated as provided hereinafter, but in no case shall this Agreement extend beyond one year after completion of the Project. V. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to the State laws. VII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts shall be made upon request by either party. Prior to City payment to the County, the County shall provide the City a copy of all cost participation documents submitted to MnDOT State Aid to assist the City in their application for MSA funding. 4 VIII. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. The City shall pay its pro rata share of costs which the County incurred prior to such notice of termination. IX. MAINTENANCE A. Maintenance of the completed storm sewer (except catch basins and catch basin leads) and detention basins (including ponds and their outlet structures and grit chambers/collectors) shall be the sole obligation of the City. B. Maintenance of the bituminous walks shall be the responsibility of the City. The City shall be responsible for general routine maintenance, such as, sweeping, clearing, plowing, trash removal and other incidental items and shall be responsible for long-term maintenance, such as bituminous overlays, crack sealing and replacement. The City may choose, in it's sole discretion, whether to plow any sidewalks. C. Maintenance of streetlights and cost of electrical power to the streetlights shall be the sole obligation of the City. X. NOTICE For purposes of delivery of any notices herein, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and to the City Administrator of the City of Lino Lakes, 600 Town Center Parkway, Lino Lakes, MN 55014, on the behalf of the City. XI. INDEMNIFICATION To the extent allowed by law, the City and County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement, except any claims, losses, costs, expenses or damages resulting from the other party's negligence or willful misconduct. 5 XII. ENTIRE AGREEMENT REQUIREMENT OF WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA CITY OF LINO LAKES By: By: Rhonda Sivarajah, Chair Board of Commissioners Dated: Dated: Jeff Reinert Mayor ATTEST By: By: Jerry Soma Jeff Karlson County Administrator City Administrator Dated: Dated: RECOMMENDED FOR APPROVAL By: Douglas W. Fischer, P.E. County Engineer Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: 6 EXHIBIT "C" COST-SHARING AGREEMENT FOR PROJECTS CONSTRUCTED IN ANOKA COUNTY USING COUNTY STATE AID FUNDS OR LOCAL TAX LEVY DOLLARS ITEMS COUNTY SHARE CITY SHARE Concrete Curb & Gutter 50% 50% Concrete Curb & Gutter for Median Construction 100% 0% Concrete Median 100% 0*1 Concrete Sidewalk 0% 100% Concrete Sidewalk Replacement 100% 0% Bikeways 0% 100% Bikeway Replacement 100%, 0% Unless existing trail not placed at edge of R/W Construction or Adjustment of Local Utilities 0% Grading, Base and Bituminous 100% Storm Sewer based on state aid letter*2 Driveway Upgrades 100%, in-kind Traffic Signals, new & replacements (communities larger than 5,000) '/2 the cost of it's w/ State Aid approved SJR legs of the intersection 100% 0% based on state aid letter*2 100%, of up -grades the cost of its legs of the intersection plus 1/2 the cost of the County legs of the intersection Traffic Signals, new & replacements (communities less than 5,000) 100% 0% w/ State Aid approved SJR Traffic Signal, w/o State Aid approved SJR 0% 100% EVP 0% 100% Engineering Services *3 *3 Right -of -Way 100%f4 0% Street Lights 0% 100% Noise Walls 100%f5 0%*5 *1 The County pays for 100% of Standard Median Design such as plain concrete. If a local unit of government requests decorative median such as brick, stamped concrete, or landscaping, the local unit will pay the additional cost above the cost of standard median. *2 In the event no State Aid is being used, or in the event the state aid letter does not determine cost split percentages, drainage cost shares will be computed by the proportion of contributing flow outside the County right of way to the total contributing flow. *3 Engineering shall be paid by the Lead Agency except that any participating agency will pay construction engineering in the amount of 8% of the construction costs paid by that agency. *4 In the event that the Township or City requests purchase of right-of-way in excess of those right-of-ways required by County construction, the Township or City participates to the extent an agreement can be reached in these properties. For instance, a Township or City may request a sidewalk be constructed alongside a County roadway which would require additional right-of-way, in which case the Township or City may pay for that portion of the right-of-way. Acquisition of right-of-way for new alignments shall be the responsibility of the Township or City in which the alignment is located. This provision may be waived by agreement with the County Board if the roadway replaces an existing alignment and the local unit of government takes jurisdiction of that existing alignment. In addition, any costs, including right-of-way costs, incurred by the County because a Township or City did not acquire sufficient right-of-way during the platting process or redevelopment process as requested by the County shall be paid by the Township or City. *5 If previously notified, the City shall be responsible for future noise wall maintenance. Notification includes any letter to the agency indicating that noise will potentially be an issue in the future, likely received during the Plat Review Process. The County shall pay 100% of Standard Noise Wall Cost. If a local agency requests decorative noise walls, then the requesting agency will pay the additional cost above the cost of standard noise wall. Furthermore, should an agency request a noise wall to be built where not required by the applicable federal or state standard, the entire cost of the wall shall be borne by the requesting agency. 7 EXHIBIT B - ENGINEERS ESTIMATE - 08/27/2015 P:\02-612-13\Documents\Road & Bridge Design\estimate\02-612-13_SEQ.xIs 10/28/2015 STATE AID FUNDS ITEM DESCRIPTION UNIT TOTAL PROJECT QUANTITIES ESTIMATED ESTIMATE ANOKA COUNTY 002-612-013 ROADWAY EST QTYS ANOKA COUNTY 002-612-013 COST CITY OF BLAINE XXX -XXX -XXX ROADWAY EST QTYS CITY OF BLAINE XXX -XXX -XXX COST CITY OF LINO LAKES XXX- XXX -XXX ROADWAY EST QTYS CITY OF LINO LAKES XXX -XXX -XXX COST Unit Cost Total MOBILIZATION LUMP SUM 1 $72,000.00 $72,000.00 .907 $ 65,304.00 .048 $ 3,456.00 .045 $ 3,240.00 FIELD OFFICE TYPE D EACH 1 $12,000.00 $12,000.00 .907 $ 10,884.00 .048 $ 576.00 .045 $ 540.00 CLEARING ACRE 2 $4,000.00 $6,080.00 2 $ 6,080.00 $ - $ - CLEARING TREE 116 $85.00 $9,860.00 116 $ 9,860.00 $ - $ - GRUBBING ACRE 2 $3,200.00 $4,864.00 2 $ 4,864.00 $ - $ - GRUBBING TREE 79 $65.00 $5,135.00 79 $ 5,135.00 $ - $ - REMOVE PIPE CULVERTS LIN FT 160 $12.00 $1,920.00 160 $ 1,920.00 $ - $ - REMOVE SEWER PIPE ( STORM) LIN FT 154 $15.00 $2,310.00 154 $ 2,310.00 $ - $ - REMOVE BITUMINOUS PAVEMENT SQ YD 9085 $2.80 $25,438.00 9085 $ 25,438.00 $ - $ - SAWING BIT PAVEMENT (FULL DEPTH) LIN FT 134 $3.00 $402.00 134 $ 402.00 $ - $ - REMOVE SIGN TYPE C EACH 32 $26.00 $832.00 32 $ 832.00 $ - $ - COMMON EXCAVATION CU YD 6901 $15.00 $103,515.00 6901 $ 103,515.00 $ - $ - SUBGRADE EXCAVATION (EV) CU YD 3481 $5.50 $19,145.50 3481 $ 19,145.50 $ - $ - CHANNEL AND POND EXCAVATION (EV) CU YD 9000 $10.00 $90,000.00 9000 $ 90,000.00 $ - $ - WATER M GALLONS 200 $29.00 $5,800.00 200 $ 5,800.00 $ - $ - AGGREGATE BASE (CV) CLASS 5 CU YD 258 $30.00 , $7,730.07 258 $ 7,730.07 $ - $ - AGGREGATE BASE (CV) CLASS 5 CU YD 2609 $24.00 $62,616.00 2609 $ 62,616.00 $ - $ - SHOULDERING BASE AGGREGATE (CV) CLASS 5 CU YD 41 $100.00 $4,057.78 41 $ 4,057.78 $ - $ - MILL BITUMINOUS SURFACE (2.0") SQ YD 1286 $11.00 $14,146.00 1286 $ 14,146.00 $ - $ - CONCRETE PAVEMENT 7.0" SQ YD 432 $53.50 $23,112.00 432 $ 23,112.00 $ - $ - INTEGRANT CURB DESIGN B6 LIN FT 282 $16.50 $4,653.00 282 $ 4,653.00 $ - $ - 1.0" DOWEL BAR EACH 330 $13.00 $4,290.00 330 $ 4,290.00 $ - $ NO 4 REINF TIE BAR (EPDXY COATED) EACH 150 $6.00 $900.00 150 $ 900.00 $ - $ - BITUMINOUS MATERIAL FOR TACK COAT GALLON 1231 $3.00 $3,693.92 1231 $ 3,693.92 $ - $ - TYPE SP 9.5 WEARING COURSE MIX (2,B) TON 263 $85.00 $22,337.23 11 $ 935.00 145 $ 12,325.00 108 $ 94180.00 TYPE SP 12.5 WEARING COURSE MIX (4,E) TON 3312 $68.00 $225,216.00 3312 $ 225,216.00 $ - $ - TYPE SP 12.5 NON WEAR COURSE MIX (4,B) TON 1175 $63.00 $74,025.00 1175 $ 74,025.00 $ - $ - 15" CS PIPE CULVERT LIN FT 98 $36.00 $3,528.00 98 $ 3,528.00 $ - $ - 15" CS SAFETY APR & GRATE DES 3128 EACH 4 $530.00 $2,120.00 4 $ 2,120.00 $ - $ - 15" RC PIPE APRON EACH 5 $630.00 $3,150.00 5 $ 3,150.00 $ - $ - 21" RC PIPE APRON EACH 1 $780.00 $780.00 .39 $ 304.20 $ - .61 $ 475.80 15" RC PIPE SEWER CLASS V LIN FT 666 $42.00 $27,985.02 649.36 $ 27,273.04 $ - 16.95 $ 711.98 21" RC PIPE SEWER CLASS III LIN FT 131 $54.00 $7,090.74 34.26 $ 1,849.99 $ - 97.05 $ 5,240.75 CONST. DRAINAGE STRUCTURE DESIGN H LIN FT 16 $310.00 $4,960.00 14.05 $ 4,354.88 $ - 1.95 $ 605.12 CONST. DRAINAGE STRUCTURE DES 48-4020 LIN FT 55 $430.00 $23,850.68 41.99 $ 18,053.85 $ - 13.48 $ 5,796.83 CASTING ASSEMBLY EACH 23 $675.00 $15,525.00 19.34 $ 13,054.50 $ - 3.66 $ 2,470.50 RANDOM RIPRAP CLASS III CU YD 20 $60.00 $1,194.00 20 $ 1,194.00 $ - $ - GRANULAR FILTER CU YD 2 $110.00 $198.00 2 $ 198.00 $ - $ - GEOTEXTILE FILTER TYPE IV (MOD) SQ YD 216 $3.20 $690.56 216 $ 690.56 $ - $ - 4" CONCRETE WALK SQ FT 6857 $4.10 $28,113.70 6857 $ 28,113.70 $ - $ - 6" CONCRETE WALK SQ FT 2187 $13.50 $29,524.50 712 $ 9,612.00 629 $ 8,491.50 846 $ 11,421.00 CONCRETE CURB & GUTTER DESIGN SPECIAL LIN FT 358 $23.00 $8,234.00 358 $ 8,234.00 $ - $ - CONCRETE CURB & GUTTER DESIGN B418 (MOD) LIN FT 2352 $17.50 $41,160.00 2352 $ 41,160.00 $ - $ - CONCRETE CURB & GUTTER DESIGN B424 LIN FT 2365 $18.50 $43,752.50 1189 $ 21,996.50 587 $ 10,850.25 590 $ 10,905.75 TRUNCATED DOMES SQ FT 408 $35.00 $14,280.00 $ - 192 $ 6,720.00 216 $ 7,560.00 MAIL BOX SUPPORT EACH 2 $130.00 $260.00 2 $ 260.00 $ - $ - RELOCATE MAIL BOX SUPPORT EACH 2 $80.00 $160.00 2 $ 160.00 $ - $ - LIGHTING UNIT TYPE SPECIAL EACH 16 $2,100.00 $33,600.00 8 $ 16,800.00 4 $ 8,400.00 4 $ 8,400.00 LIGHT FOUNDATION DESIGN E EACH 16 $750.00 $12,000.00 8 $ 6,000.00 4 $ 3,000.00 4 $ 3,000.00 2" NON-METALLIC CONDUIT LIN FT 2300 $6.70 $15,410.00 1150 $ 7,705.00 575 $ 3,852.50 575 $ 3,852.50 UNDERGROUND WIRE 1 COND NO 8 LIN FT 9900 $0.80 $7,920.00 4950 $ 3,960.00 2475 $ 1,980.00 2475 $ 1,980.00 SERVICE CABINET TYPE L1 EACH 1 $4,200.00 $4,200.00 .50 $ 2,100.00 .25 $ 1,050.00 .25 $ 1,050.00 SERVICE EQUIPMENT EACH 1 $1,200.00 $1,200.00 .50 $ 600.00 .25 $ 300.00 .25 $ 300.00 EQUIPMENT PAD B EACH 1 $1,000.00 $1,000.00 .50 $ 500.00 .25 $ 250.00 .25 $ 250.00 HAND HOLE EACH 2 $2,000.00 $4,000.00 1.00 $ 2,000.00 .50 $ 1,000.00 .50 $ 1,000.00 RAISE GUARDRAIL LIN FT 160 $12.00 $1,920.00 160 $ 1,920.00 $ - $ - TRAFFIC CONTROL SUPERVISOR LUMP SUM 1 $5,700.00 $5,700.00 .907 $ 5,169.90 .048 $ 273.60 .045 $ 256.50 TRAFFIC CONTROL (STAGE 1) LUMP SUM 1 $6,000.00 $6,000.00 .907 $ 5,442.00 .048 $ 288.00 .045 $ 270.00 TRAFFIC CONTROL (STAGE 2) LUMP SUM 1 $6,000.00 $6,000.00 .907 $ 5,442.00 .048 $ 288.00 .045 $ 270.00 TRAFFIC CONTROL (STAGE 3) LUMP SUM 1 $6,000.00 $6,000.00 .907 $ 5,442.00 .048 $ 288.00 .045 $ 270.00 TRAFFIC CONTROL (STAGE 4) LUMP SUM 1 $6,000.00 $6,000.00 .907 $ 5,442.00 .048 $ 288.00 .045 $ 270.00 DETOUR SIGNING (CSAH 12) LUMP SUM 1 $4,000.00 $4,000.00 .907 $ 3,628.00 .048 $ 192.00 .045 $ 180.00 DETOUR SIGNING (CR 53) LUMP SUM 1 $4,000.00 $4,000.00 .907 $ 3,628.00 .048 $ 192.00 .045 $ 180.00 SIGN PANELS TYPE C SQ FT 966 $32.50 $31,378.75 966 $ 31,378.75 $ - $ - SILT FENCE, TYPE MS LIN FT 3259 $2.00 $6,518.00 3259 $ 6,518.00 $ - $ - STORM DRAIN INLET PROTECTION EACH 27 $150.00 $4,050.00 27 $ 4,050.00 $ - $ - SEDIMENT CONTROL LOG TYPE WOOD FIBER LIN FT 64 $3.00 $192.00 64 $ 192.00 $ - $ - CULVERT END CONTROLS EACH 4 $150.00 $600.00 4 $ 600.00 $ - $ - FERTILIZER TYPE 3 POUND 150 $1.50 $225.71 150 $ 225.71 $ - $ - SEEDING ACRE 3 $880.00 $2,206.91 3 $ 2,206.91 $ - $ - SEED MIXTURE 25-121 POUND 153 $3.50 $535.43 153 $ 535.43 $ - $ - SEED MIXTURE 33-261 POUND 20 $20.00 $396.10 20 $ 396.10 $ - $ - SEED MIXTURE 35-221 POUND 19 $22.00 $426.20 19 $ 426.20 $ - $ - MULCH MATERIAL TYPE 3 TON 7 $760.00 $5,478.80 7 $ 5,478.80 $ - $ - DISK ANCHORING ACRE 4 $220.00 $792.98 4 $ 792.98 $ - $ - EROSION CONTROL BLANKETS CATEGORY 0 SQ YD 3046 $2.40 $7,309.87 3046 $ 7,309.87 $ - $ - RAPID STABILIZATION METHOD 3 MGAL 22 $450.00 $9,732.09 22 $ 9,732.09 $ - $ - 4" SOLID LINE WHITE-EPDXY LIN FT 6860 $0.37 $2,538.20 6860 $ 2,538.20 $ - $ - 4" SOLID LINE YELLOW-EPDXY LIN FT 3310 $0.37 $1,224.70 3310 $ 1,224.70 $ - $ - 4" BROKEN LINE YELLOW-EPDXY LIN FT 120 $0.37 $44.40 120 $ 44.40 $ - $ - 4" DOUBLE SOLID LINE YELLOW-EPDXY LIN FT 2150 $0.75 $1,612.50 2150 $ 1,612.50 $ - $ - PAVEMENT MARKING SPECIAL SQ FT 624 $16.00 $9,984.00 624 $ 9,984.00 $ - $ - BASE BID TOTAL: $1,266,831.84 $ 1,123,197.02 $ 64,060.85 $ 79,676.73 P:\02-612-13\Documents\Road & Bridge Design\estimate\02-612-13_SEQ.xIs 10/28/2015 elk �` PRELIMINARY DESIGN LAYOUT 650.1 PROPOSED ROADWAY PROPOSED CURB & MEDIAN PAVED SHOULDER SIDEWALK INFILTRATION POND 11150 SUNSET AVE 7392 SUNSET AVE 17 MARVY ST 7381 LEONARD AVE 7382 LEONARD AVE SPEED LIMIT MARVY STREET 32 MARVY ST 46 MARVY ST 4 MARVY ST 11148 SUNSET AVE INPLACE RIGHT OF WAY kto PROPOSED RIGHT OF WAY )1 PERMANENT EASEMENT TEMPORARY EASEMENT ANOKA COUNTY 0 100 SCALE IN FEET ir/0 DESIGN DRAWN BY P:\02-612-13\Base\PROPOSED\0261213_Ladgn NJD REVISED 11/30/2015 10:21:51 AM EXHIBIT A 11/30 /2015 7262 SUNSET AVE SPEED LIMIT 60' RADIUS 8.0' WALK THRU ►18.0' THRU 1. 1URN 8.0' SHLD ♦- 12.0' THRU -► 12.0' THRU 8.0' SHLD 7300 HEATHER CT 7300 MEADOW CT 7299 MEADOW CT 7294 HEATHER CT 7294 MEADOW CT 7293 MEADOW CT 7286 HEATHER CT 7287 HEATHER CT 7287 MEADOW CT 7280 HEATHER CT 7281 HEATHER CT 7281 MEADOW CT 7280 MEADOW CT 7274 HEATHER CT 7275 HEATHER CT 7274 MEADOW CT 11008 SUNSET AVE 7269 MEADOW CT 7269 HEATHER CT 7268 MEADOW CT 7263 HEATHER CT 7256 MEADOW CT 7257 MEADOW CT M.P.H. SPEED LIVIT SPEED LIMIT CITY: r/, OFliNOLAKES City of Lino Lakes Public Hearing on Proposed 2016 Operating Budget and PropertyTax Levy City of Lino Lakes Proposed Tax Levy City of Lino Lakes levy: • General Levy for Operations • Special Levies for Debt Service, Abatement Payments • Equal to the Preliminary Levy adopted in September • Includes Voter -Approved Levies of $393,671 • $372,356 higher than the levy for 2015 F90,5. City of Lino Lakes Change in CityTax Levy $9,500,000 $9,000,000 $8,500,000 $8,000,000 $7,500,000 $7,000,000 $6,500,000 $6,000,000 $5,500,000 $5,000,000 n.8, 2012 2013 2014 2015 2016 Proposed General Debt Special Voter Approved .010 3.68 City of Lino Lakes Change in Tax Rates 160.000% 140.00o% 120.000% 100.000% 80.000% 6o.000% 40.000% 20.000% 0.000% 021 .86 .770;, .9850 ':123% 38.8430 .562 .386 2012 2013 2014 2015 2016 Proposed • ISD 12 Anoka Co • Lino Lakes r Other City of Lino Lakes 2016 Property Tax Distribution District 29% Anoka County 3o% Lino Lakes 36% City of Lino Lakes PropertyTax Computation 201E Market Value $202,600 MV Exclusion (19,006) Taxable MV $183,594 2016 .36% avg increase in value Market Value $203,329 MV Exclusion (18,940) Taxable MV $i84,389 Difference $44 City of Lino Lakes City Tax Rate Ranking in Anoka County • 2010 — 11th of 21 cities/townships • 2011— 11th of 21 cities/townships • 2012 — 13th of 21 cities/townships • 2013 — 13th of 21 cities/townships • 2014 — 13th of 21 cities/townships • 2015 — gth of 21 cities/townships • 2016 — Est 11th of 21 cities/townships Proposed 2016 General Operating Budget City of Lino Lakes City of Lino Lakes Budget Preparation Calendar • Jan -May —City Council establishes budget priorities and objectives • Jun/Jul — Departmental budgets are prepared • Aug/Sept — Council reviews proposed budget • Sept 28 — Council approves Preliminary 2o16 Tax Levy and Budget & sets Public Hearing date • Sept 29 — Preliminary Tax Levy, Budget & Public Hearing dates Certified to County Auditor • Mid November —County mails notice of Proposed Property Tax • December 14 —Council holds Public Hearing on Proposed 2016 Budget and Tax Levy and adopts Final Budget/Levy • By December 28 — City Certifies final 2016 Tax Levy and Budget to County Auditor City of Lino Lakes Major Factors in 2016 • City of Lino Lakes budget includes: - 2 new staff positions (i Police, z Fire/Bldg Inspec) - Maintaining city services at current levels - Maintaining effort for Storm Drainage maintenance projects - Amount for replacing office equipment, computers, etc. - Contingencies for unknowns City of Lino Lakes General Fund Budget 2010-2016 City of Lino Lakes Proposed 2016 Revenues cue City of Lino Lakes Proposed 2016 Revenues Property Tax 7 ,13%0 City of Lino Lakes Proposed 2016 Expenditures %"g City of Lino Lakes Proposed 2016 Expenditures Public Safety 44.62% Communt Developme 7.68% RNOPKES Water & Sewer Operating Budgets City of Lino Lakes $3,000 $2,500 $2,000 $1,500 $1,000 $500 $- City of Lino Lakes Proposed 20316 Water Budget 1 • Debt Service Retired in 2012 • Rate Study to be conducted in 2016 • Recondition Water Tower #1. in 2016 — Est. $1.6M in Capital Outlay City of Lino Lakes Proposed 2016 Sewer Budget • MCES Treatment costs increased by 16.75% • Rate Study to be conducted in 2016 • Includes Sewer Rehab & Lining Capital Oulay — Est. $73K City of Lino Lakes Still a Value in City Services Lino Lake Services for a $203,329 Market Value Home Police & Fire Protection Street Maintenance/Snow Plowing Parks & Recreation Sanitary Sewer/Water Approximate Monthly Cost $25 $11 $5 $26 THANKYOU FOR ATTENDING December 14, 2015 RNGL,AKES