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HomeMy WebLinkAbout12-15-14 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, December 15, 2014 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 COUNCIL WORK SESSION, 6:00 P.M. Community Room (not televised) 1. Review Regular Agenda 2. Advisory Board Appointments — Jeff Karlson CITY COUNCIL MEETING, 6:30 P.M. ➢ Roll Call - Council Members Stoesz, Roeser, Rafferty, Kusterman, and Mayor Reinert were present ➢ Pledge of Allegiance ➢ Open Mike / Public Comment - none ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was accepted as presented 1. CONSENT AGENDA A) Consider approval of Dec. 1, 2014 Work Session Minutes B) Consider approval of Dec. 8, 2014 Council Meeting Minutes C) Consider approval of Dec. 8, 2014 Closed Council Meeting Minutes D) Consider Amending City of Lino Lakes Flexible Spending Accounts Plan E) Consider approval of Dec. 8, 2014 Work Session Minutes Council Member Stoesz absent Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Consent Agenda Items lA thru 1D, as presented, was adopted; Action Taken: Motion by Rafferty, seconded by Kusterman, to approve Consent Agenda Item lE as presented; Council Member Stoesz abstained 2. FINANCE DEPARTMENT None 3. ADMINISTRATION DEPARTMENT A) Consider Approval of Labor Agreement with Local No. 49, Jeff Karlson Action Taken: Motion by Roeser, seconded by Kusterman, to approve the labor agreement as presented, was adopted Council Agenda -2- December 15, 2014 EXPANDED AGENDA B) Consider Appointment of Nicole DeDeyn to Administrative Assistant Position, Jeff Karlson Action Taken: Motion by Rafferty, seconded by Stoesz, to approve the appointment as presented, was adopted 4. PUBLIC SAFETY DEPARTMENT A) Consider Resolution No. 14-155, Authorizing Participation in the Anoka County Fire Protection Council Joint Powers Agreement Action Taken: Motion by Roeser, seconded by Kusterman, to approve Resolution No. 14-155 as presented, was adopted B) Consider Resolution No. 14-154, Authorizing Participation in the Anoka County Fire Mutual Aid Agreement Action Taken: Motion by Roeser, seconded by Kusterman, to approve Resolution No. 14-154 as presented, was adopted 5. PUBLIC SERVICES DEPARTMENT No report 6. COMMUNITY DEVELOPMENT DEPARTMENT A) Consider Resolution No. 14-143, Approving Work Order No. 4 & Final Payment No. 8 - Lake/Main & Birch/Ware Signal Project, Diane Hankee Action Taken: Motion by Kusterman, seconded by Roeser, to approve Resolution No. 14-143 as presented, was adopted Consider Resolution No. 14-156, Approving Final Payment No. 5 — Otter Lake Road Extension Project, Diane Hankee Action Taken: Motion by Kusterman, seconded by Roeser, to approve Resolution No. 14-156 as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Motion by Rafferty, seconded by Stoesz, to adjourn at 6:50 p.m., was adopted Community Calendar — A Look Ahead December 22, 2014 through January 12, 2015 4- Monday, January 5 6:30 pm, Library Park Board 4- Monday, January 5 6:00 pm, Community Room Council Work Session 4- Thursday, January 8 8:00 am, Community Room EDAC WS — Item 2 WORK SESSION STAFF REPORT Work Session Item No. 2 Date: December 15, 2014 To: City Council From: Lisa Hogstad-Osterhues Re: Annual Board Appointments Background Openings for the city's advisory boards were advertised and applications have been received. Attached is an outline of the applicants for each of the boards or committee. - Park Board — 1 seats, 0 applicants -reposted Environmental Board — 2 seats, 3 applicants - P&Z — 3 seats, 2 applicants — reposted EDAC — 4 seats, 2 applicants — reposted Environmental Board has two applicants that are new to the process and have not been interviewed previously. Requested Council Direction The council should determine the application review process: 1. Who will be interviewed (i.e., only new applicants). 2. Establish a date for the interview process. Attachments List of applicants (applications will be provided to council previous to the interview date) WS — Item 2 Attachment 2014 Advisory Board Applicants Park Board 1. Environmental Board 1. Paula Andrewjewski (current board member) 2. Alexander Schwartz 3. John Sullivan EDAC 1. Julie Jeffrey -Schwartz (current board member) 2. Lou Masonick (current board member) 3. 4. Planning & Zoning 1. Paul Tralle (current board member) 2. Lou Masonick (current board member) 3. Park Board —1 seat, 0 applicants Environmental Board — 2 seats, 3 applicants P&Z — 3 seats, 2 applicants EDAC — 4 seats, 2 applicants CITY COUNCIL WORK SESSION December 1, 2014 DRAFT DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : December 1, 2014 . 6:00 p.m. . 9:50 p.m. : Council Member Stoesz, Kusterman, Rafferty, Roeser and Mayor Reinert : None Staff members present: City Administrator Jeff Karlson; Community Development Director Michael Grochala; Finance Director Al Rolek; Public Services Director Rick DeGardner; Public Safety Director John Swenson; City Engineer Diane Hankee; City Clerk Julie Bartell 1. Potential Blue Heron Days Boat Race and Show Update- Public Services Director DeGardner introduced Twin Cities Power Boat Association Commodore Arron Wachholz, noting that he has been working with the group on the feasibility of establishing a boat race event in Lino Lakes, most likely in conjunction with the city's Blue Heron Days festival. They have determined that Centerville Lake is feasibile from a size standpoint but there are issues that would have to be worked out in that or any location. Mr. Wachholz explained the types of power boat racing events that his organization is already sponsoring, specifically noting their annual Forest Lake event. These events most often involve two days because that makes it more financially feasible. The revenue stream associated with the events involves people coming with their boats — utilizing hotels and restaurants, etc. They do not normally charge for admittance to the event. They obtain business sponsorships to cover much of the costs and he added that they have raised up to $20,000 for expenses and the purse. The sponsors are allowed to set up some advertising at the event. Mayor Reinert asked if there are any negatives to a boat racing event? Mr. Wachholz said he hasn't encountered any real problems in the years he's been involved. On obtaining sponsorships, he has done the legwork for the Forest Lake event so he is aware that it requires real commitment. The council discussed possible sponsors in the area and the possibility of requesting some tourism funding. It was noted that access to tourism dollars (Twin Cities Gateway) is legally limited to use for marketing only. Mr. Wachholz stressed that the key to a successful event is to plan early and advertise a lot. Mr. DeGardener remarked that to plan an event for 2015 would require moving on plans very fast and that would most likely require some commitment of city funds to get things going. Anoka County regulates the park on the lake and would be a key player in moving ahead. 1 CITY COUNCIL WORK SESSION December 1, 2014 DRAFT 46 47 Mayor Reinert remarked that he hears that the council is interested in continuing the 48 discussion. He likes the idea because it connects with the Blue Heron Days and the 49 city's lakes. He suggests that the inclusion of a fireworks display would be good. The 50 council suggested that, considering the location, sponsorships could be sought in the 51 region rather than just the city. 52 53 Staff will report to the council after discussing the concept with Anoka County. 54 55 2. Steve Markuson, Twin Cities Gateway Bureau — Public Services Director 56 DeGardner noted that the council expressed interest in learning more about the 57 organization that handles tourism in the area and receives a lodging tax, Twin Cities 58 Gateway. He introduced the Executive Director of the organization, Steve Markuson. 59 60 Mr. Markuson gave a presentation highlighting the following: 61 The importance of tourism; 62 The benefits of tourism that extend beyond hotel nights to money spent 63 throughout the community; 64 The impact of tourism on Anoka County; 65 The objectives the Twin Cities Gateway including promoting travel and 66 stimulating economic impacts; 67 Their focus on on-line marketing and targeting a geographic market; 68 Their goal of increasing hotel use during traditional downtime and enhancement 69 of website engagement. 70 71 Regarding the organization's budget, Mr. Markuson explained that the entire budget is 72 generated through a state authorized lodging tax that is distributed based on a formula. 73 The organization maintains a conservative financial position with fund reserves and 74 minimizes its overhead/administrative costs. Mr. Markuson added that the hotel 75 occupancy rates in the region continue to rise. He gave examples of their advertising that 76 includes special promotion of community events. 77 78 The mayor discussed the possibility of submitting a grant request for advertising for a 79 power boat racing event in the city. Mr. Markuson explained the grant process and noted 80 that a grant in the area of $5,000 could be requested but he added that such grants are not 81 meant as long term funding sources. 82 83 Council Member Roeser asked for advice on stimulating business to come to the city. 84 Mr. Markuson explained how events chose their venues, noting that banquet space is a 85 must. 86 87 3. Final 2015 Budget Review — Finance Director Rolek noted that the council has 88 received the final budget. He distributed and reviewed the Parks and Recreation budget 89 for discussion, noting that the fund does have a surplus some of which will be transferred 90 to the General Fund. Council Member Kusterman asked about the usual nature of such a 2 CITY COUNCIL WORK SESSION December 1, 2014 DRAFT 91 surplus since the funds are generated by user fees. Public Services Director DeGardner 92 verified that the user fees are set at an appropriate level; one change that has impacted 93 costs is the school district no longer charging for use of their facilities (unless after hours 94 staff is required). The council discussed skate park possibilities. The mayor noted the 95 area of Birch and Centerville Road and wondered if it makes sense to use the surplus 96 funds for the signage and parking that the council discussed earlier. Mr. DeGardner 97 recommended against that use at this time since Community Development Director 98 Grochala is preparing to bring forward for discussion a comprehensive plan for the area. 99 100 Mr. Rolek also distributed and reviewed information on the equipment replacement 101 budget. 102 103 Administrator Karlson offered comments on the city's budget. He recommends that the 104 council schedule a strategic planning session to set future priorities. An important 105 discussion will be about the use of city's reserves and the impact on future budgets. 106 Mayor Reinert noted that he sees the reserve use as very manageable and the city's 107 finances as a whole in very good condition. He concurs that a planning session can be 108 scheduled. Council Member Roeser noted that the council consciously moved to 109 reduce the city's reserves because interest rates on that money are historically low and it 110 was the responsible thing to do; the city has maintained a healthy reserve. He concurs on 111 the importance of long-term planning especially with new development coming. Finance 112 Director Rolek explained that, for rating agencies, the city's outlook for operations and 113 willingness to plan for the future is important. 114 115 The public hearing and adoption of the 2015 budget will be on the next council agenda. 116 117 4. MnDOT Municipal Consent Request — I 35E from Little Canada Road to County 118 Road J — City Engineer Hankee reviewed her written report, noting that MnDOT is 119 telling the city about an improvement planned on Highway I -35E that would impact a 120 small area of the roadway located in the city. This would be a MnPass lane improvement 121 that is occurring as a result of their study and with the goal of reducing congestion. The 122 improvement would include no cost to the city but they are requesting municipal consent. 123 She gave a presentation on the location of the project and also reviewed the MnPass 124 Program objectives. Council Member Roeser expressed concern that the project is 125 already well in place with no real concern for what the city thinks. 126 127 Community Development Director Grochala reported that MnDOT is requesting action. 128 The next step options he sees are: to do nothing; to have MnDOT come and review their 129 request with the council; to hold a public hearing; or approve a resolution giving consent 130 to the improvement. An impact of no support could be that MnDOT chooses to stop 131 the project at the city border and that could possibly cause a poorer traffic transition. 132 Mayor Reinert suggested that the project doesn't represent any intrusion to the city and 133 although there may be concern about the program itself, what the state is asking of the 134 city doesn't have any negative impact. 135 3 CITY COUNCIL WORK SESSION December 1, 2014 DRAFT 136 5. 2015 Street Reconstruction Project Update — Community Development 137 Director Grochala and City Engineer Hankee updated the council. Mr. Grochala noted 138 that the Street Reconstruction Program was approved by election this year and includes a 139 project for 2015 — the Shenandoah area consisting of about two miles of roadway. Under 140 the program there would be no special assessments and the costs would be paid through 141 the sale of general obligation reconstruction bonds. There is no water main included and 142 the area already has sewer lines (some minor repairs at the city's cost could be included). 143 He noted that communication throughout the project will be vital and that effort 144 commences with a meeting for the residents to be held at city hall on December 16 at 145 7:00 p.m. The city's engineering firm, WSB, will continue to work on their proposal for 146 the project. The council discussed the project schedule and Mayor Reinert said he has 147 some concern that the project not drift too later into next year. Ms. Hankee added that 148 information on the project will be continually posted on the city's website so that will be 149 a good way to keep people informed and right up to date. 150 151 Not on Printed Agenda Item — White Bear Lake Lawsuit Update — Community 152 Development Director Grochala reported that he has received information regarding a 153 settlement reached in the lawsuit; he briefly reviewed the terms of the settlement. The 154 City is included in the "Phase 2" area of the settlement and there is no timeline associated 155 with that phase. The settlement does include a goal to reduce water consumption within 156 involved areas. He doesn't feel there are direct implications for the City, certainly not in 157 the short term. 158 159 Not on Printed Agenda Item — Award to Police Chief — Mayor Reinert noted that 160 Police Swenson has been recognized with an award. He has earned the master level 161 certification of the Minneapolis Chiefs of Police Association. 162 163 6. Anoka County Fire Protection Council JPA — Chief Swenson explained that 164 the Council (ACFPA) has been around for many years but without the legal status that 165 would come with a joint powers agreement with the jurisdictions involved. With the 166 new data system, this group needs to execute a JPA. He explained the funding formula 167 for the system — basically it is tied to calls for service, market value and population. That 168 figure for Lino Lakes equates to 5.91 %, although he anticipates the figure to drop since 169 the number of fire calls is expected to decrease. The structure of governance of the group 170 is two bodies — one consisting of elected officials that set the budget and authorize 171 expenditures over $50,000, with a weighted voting system based on the contribution 172 figure. 173 174 When Mayor Reinert said he'd like to understand the upside for the city's participation, 175 Chief Swenson said it includes participation in the mobile application, dispatch and the 176 records system. The mayor wondered if there are limits to future involvement and the 177 Chief responded that there are limits set by statute. The mayor and some council 178 members expressed the need to understand the implications long term and therefore the 179 council decided to postpone action on the matter to the second council meeting in 4 CITY COUNCIL WORK SESSION December 1, 2014 DRAFT 180 December. Chief Swenson indicated that the Anoka County Fire Mutual Aid Agreement 181 is related to the action on the JPA so it will be pulled from the agenda tonight as well. 182 The mayor announced that he wouldn't be able to attend the upcoming Centennial Fire 183 Steering Committee meeting and he understands Council Member Roeser won't be there 184 either. He'd like to be kept up to date on grant discussions. 185 186 Review Regular Council Agenda of December 8, 2014 — The Council reviewed the 187 agenda. 188 189 The meeting was adjourned at 9:50 p.m. 190 191 These minutes were considered, corrected and approved at the regular Council meeting held on 192 December 15, 2014. 193 194 195 196 197 Julianne Bartell, City Clerk Jeff Reinert, Mayor 198 5 COUNCIL MINUTES December 8, 2014 DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 4 DATE : December 8, 2014 5 TIME STARTED : 6:35 p.m. 6 TIME ENDED : 8:10 p.m. 7 MEMBERS PRESENT : Council Member Stoesz (arr. @7:15 p.m.), 8 Kusterman, Rafferty, Roeser, and Mayor Reinert 9 MEMBERS ABSENT 10 11 Staff members present: City Administrator Jeff Karlson; Finance Director Al Rolek; Chief of Police 12 John Swenson; Environmental Coordinator Marty Asleson; and City Clerk Julie Bartell 13 14 PUBLIC COMMENT 15 16 No one was present to address the council regarding a matter not on the agenda. 17 18 SETTING THE AGENDA 19 20 The agenda was amended to remove Items 4A and 4B to be considered at the December 15th City 21 Council Meeting. 22 23 CONSENT AGENDA 24 25 Council Member Roeser moved to approve the Consent Agenda, Items lA through 1F, as presented. 26 Council Member Kusterman seconded the motion. Motion carried; Council Member Stoesz absent. 27 28 ITEM ACTION 29 30 Consideration of Expenditures: 31 32 December 8, 2014 (Check No. 99314 —99388, 33 $703,609.57) Approved 34 35 November 24, 2014 Council Work Session Minutes Approved 36 37 November 24, 2014 Council Meeting Minutes Approved 38 39 Resolution No. 14-144, Authorizing Transfer of 40 Funds from the Area and Unit Fund to the 2005B G.O. 41 Improvement Bond Debt Service Fund Approved 42 43 Resolution No. 14-145, Authorizing an Interfund Loan 44 From the Sanitary Sewer Fund tot the 2005A G.O. 45 Improvement Debt Service Fund Approved 1 COUNCIL MINUTES December 8, 2014 DRAFT 46 47 Resolution No. 14-146, Approving Transfers for 48 Partial Installment Payment on Interfund Loan for 49 Recreation Complex Land Approved 50 51 FINANCE DEPARTMENT REPORT 52 53 A) Public Hearing — 2014/15 Property Tax Levy and 2015 Budget — Finance Director Rolek 54 gave a PowerPoint presentation outlining the 2015 proposed budget as follows: 55 • tax levy, what is included and what was reduced from the prelimninary budget; 56 • a historic view of the city's tax levies; 57 • property values; the tax base has increased; 58 • the proposed tax rate, and a view of past rates; 59 • distribution of levied funds (schools, county, etc); 60 • tax computation process (value minus market value exclusion times tax rate) 61 • how the city's taxes rank in Anoka County; 62 • proposed 2015 budget process (calendar, steps to setting the budget); 63 • what's included in the city budget; 64 • the sales tax exemption approved by the Legislature has saved the city money this year; 65 • proposed revenue for 2015 (including a transfer from the Closed Bond Fund); 66 • proposed expenditures for 2015; 67 • the water and sewer enterprise budgets 68 69 Council Member Roeser noted that the city council has reduced the city's budget for the past six years 70 but now the city is growing again and it is important to plan for that growth and the future. He also 71 noted that the city doesn't control all of its costs such as payments to the Metropolitan Council, union 72 wages, pensions, road work that is needed, etc. He also noted that the tax bill that property owners 73 received earlier in the year with the preliminary tax amount has been lowered by the council. The 74 council did choose to utilize some reserve funds; those are true reserves that were set aside but not used 75 and can now be drawn down to a proper level to avoid being eaten up by inflation. The city will 76 maintain a fifty percent reserve. He noted a charter amendment previously forwarded to the council 77 that ultimately was not on the ballot but that would have caused the city to collect more in taxation than 78 is proposed. 79 80 Council Member Kusterman noted that this will be his first budget consideration as a city council 81 member. One of the reasons he ran for office was to help build trust in government. He believes the 82 council's job is to ensure that government functions well, providing needed services efficiently and 83 effectively and this budget does so. 84 85 Council Member Rafferty offered thanks to staff for their work on the budget. It's been a joint effort. 86 87 Mayor Reinert added that he came to the council with a "healthy distrust" of government. He can 88 assure the citizens that this council gets involved in the work of budget planning and drills down as 89 much as necessary to a good product. He is comfortable that the presented budget has been worked 90 down correctly. 2 COUNCIL MINUTES December 8, 2014 DRAFT 91 92 Mayor Reinert opened the public hearing. 93 94 Mike Stanecki, 6977 Glenview Lane, addressed the council. He questions his tax bill because there is 95 a 27% hike in his tax assessment. He heard staff report that the average valuation increase in the city is 96 12%. The city increase is far greater than the other levies on his tax statement. Finance Director Rolek 97 will contact Mr. Stanecki to discuss his concerns; Mayor Reinert asked that the council be informed of 98 the result of that conversation. 99 100 Kelly Gunderson, 135 Ulmer Drive, asked some questions. She noted a seventeen percent increase in 101 the Public Safety budget and asked for more detail. Mr. Rolek responded that the increase does include 102 some start-up costs for the new fire department that are one-time and also some staff costs that could be 103 partially on-going. He noted that there should be some clear future offset of those costs, however, 104 since the city's contribution to the Centennial Fire District ends in 2015. Ms. Gunderson asked about 105 capital costs related to the new fire department and also where does the cost of the new station show up 106 in the budget? Mr. Rolek replied that the cost of the new building isn't included in this budget; the 107 capital start up costs would be things like computers, equipment, etc. The cost of the station will be 108 bonded and paid for over time. Ms. Gunderson noted that the city's levy is going up at a percentage 109 much higher than the county increase of 2%. Mayor Reinert noted that the increase is lower than 110 indicated by the preliminary levy notification because the council reduced that. Ms. Gunderson noted 111 the use of reserve funds in the budget and the Mayor explained that the council looked carefully at the 112 city's reserve situation at a public meeting and made a responsible decision about their use. 113 114 The public hearing was closed at 7:36 p.m. 115 116 Council Member Kusterman noted that previously, his view of government was from the outside and, 117 now, as a city council member he sees how important it is to know the facts and understand just what is 118 being approved. 119 120 The council then acted on the following: 121 122 i) Consider Resolution No. 14-147, Adopting the Final 2014 Tax Levy Collectible in 2015 123 124 Council Member Roeser moved to approve Resolution No. 14-147, as presented. Council Member 125 Kusterman seconded the motion. Motion carried on a unanimous voice vote. 126 127 ii) Consider Resolution No. 14-148, Adopting the Final 2015 General Operating 128 Budget 129 130 Council Member Roeser moved to approve Resolution No. 14-148, as presented. Council Member 131 Kusterman seconded the motion. Motion carried on a unanimous voice vote. 132 133 iii) Consider Resolution No. 14-149, Adopting the 2015 Water and Sewer Operating 134 Budget 135 3 COUNCIL MINUTES December 8, 2014 DRAFT 136 Council Member Roeser moved to approve Resolution No. 14-149, as presented. Council Member 137 Kusterman seconded the motion. Motion carried on a unanimous voice vote. 138 139 iv) Consider Resolution No. 14-150, Adopting the 2015 Recreation Fund Budget 140 141 Council Member Roeser moved to approve Resolution No. 14-150, as presented. Council Member 142 Kusterman seconded the motion. Motion carried on a unanimous voice vote. 143 144 B) Consider Resolution No. 14-151 Amending the 2014 General Operating Budget — Finance 145 Director Rolek explained that at this time of the year, staff brings forward a resolution to update the 146 2014 budget resolution to reflect changes that occurred during the year. He noted that there is 147 sufficient revenue to cover the changes. 148 149 Council Member Rafferty moved to approve Resolution No. 14-151, as presented. Council Member 150 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 151 152 C) Consider Resolution No. 14-152 Committing Specific Revenue Sources in Special Revenue 153 Funds — Finance Director Rolek explained the accounting standards requirement that cities with 154 special revenue funds must designate the source of revenue for those funds. That is the purpose of this 155 resolution. 156 157 Council Member Rafferty moved to approve Resolution No. 14-152, as presented. Council Member 158 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 159 160 ADMINISTRATION DEPARTMENT REPORT 161 162 3A) Consider Six -Month Employment Extension for Recycling Program Intern — 163 Environmental Coordinator Asleson explained that staff is requesting authorization to extend the 164 internship of the city's environmental intern. The intern has done a lot to enhance recycling efforts in 165 the city. The position is fully funded by a grant from Anoka County and funds will continue to be 166 available in 2015. 167 168 Mayor Reinert noted that the addition of a monthly recycling day in the city has proven a success in 169 bringing in more recycling. Council Member Roeser asked about funding available if cities establish 170 a dedicated recycling center and also asked about adding cardboard to the materials accepted for 171 recycling. 172 173 Council Member Kusterman moved to approve the employment extension as recommended by staff. 174 Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 175 176 PUBLIC SAFETY DEPARTMENT REPORT 177 178 Items 4A and 4B had been removed from the agenda. 179 180 4C) Public Safety Department Update — Chief Swenson updated the council on the following: 4 COUNCIL MINUTES December 8, 2014 DRAFT 181 Training through Century College is going well; 182 Several paid on-call candidates have been offered conditional employment, pending physical 183 and psychological testing; 184 - By July or August, he anticipates having 35-38 trained fire fighters and recruiting will 185 continue; 186 - New fire station is on pace for the bidding process in January; 187 - A grant application for gear for the entire department has been submitted to FEMA and will be 188 considered in a competitive process; 189 The department is working on development policies and integrating manuals with assistance 190 from an outside consultant; 191 The department continues researching and identifying additional fire apparatus. 192 193 The Chief received thanks for his work from the mayor. Council Member Stoesz added his thanks for 194 the department's work on Facebook and Twitter. 195 196 PUBLIC SERVICES DEPARTMENT REPORT 197 198 There was no report from the Public Services Department. 199 200 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 201 202 6A) Consider approval of Resolution No. 153, Authorizing of Memorandum of 203 Understanding allowing participation in the well -sealing program within the Anoka County 204 Well Head Protection — Environmental Coordinator Marty Asleson reported that the resolution 205 would authorize city participation in the county's well head sealing program. The city would enter 206 into a JPA for work that relates to sealing unused wells and grant funds are also involved. 207 208 Council Member Stoesz moved to approve Resolution No. 14-153, as presented. Council Member 209 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 210 211 UNFINISHED BUSINESS 212 213 There was no Unfinished Business. 214 215 NEW BUSINESS 216 217 There was no New Business. 218 219 COMMUNITY EVENTS 220 221 SECRET HOLIDAY SHOPPING held at Lino Lakes City Hall on December 10 & 11 from 4:30 p.m. 222 to 7:00 p.m. For more information call 651-982-2445 223 224 BREAKFAST WITH SANTA held at Lino Lakes Senior Center on December 13 from 8:30 a.m. to 225 10:00 a.m. for a fun filled morning with Santa and friends. For more information call 651-982-2445. 5 COUNCIL MINUTES December 8, 2014 DRAFT 226 227 TOYS FOR JOY/CHRISTMAS COMMITTEE DROP OFF location is located at Lino Lakes City 228 Hall. Toys and food for the upcoming holiday will serve folks right here in our community. For 229 more information, please contact Lisa Hogstad at 651-982-2424. 230 231 NOW OPEN - KINGDOM BAKERY LOCATED IN SPIRIT HILLS MALL — Kingdom Baking 232 offers a variety of sweet and savory baked goods. 233 234 ADJOURN 235 236 There being no further business, Council Member Rafferty moved to adjourn at 8:10 p.m. Council 237 Member Stoesz seconded the motion. Motion carried unanimously. 238 239 These minutes were considered and approved at the regular Council Meeting, December 15, 2014. 240 241 242 243 244 Julianne Bartell, City Clerk Jeff Reinert, Mayor 245 6 CLOSED COUNCIL SESSION December 8, 2014 DRAFT t 2 CITY OF LINO LAKES 3 MINUTES 4 CLOSED COUNCIL SESSION 5 6 DATE : December 8, 2014 7 TIME STARTED : 8:20 p.m. 8 TIME ENDED : 9:00 p.m. 9 MEMBERS PRESENT : Council Members Rafferty, Stoesz, 10 Roeser, Kusterman and Mayor Reinert 11 MEMBERS ABSENT : none 12 13 Staff present: City Administrator Jeff Karlson 14 15 Mayor Reinert called the meeting to order at 8:20 p.m. in the Council Workroom at Lino 16 Lakes City Hall. Before the meeting was closed, the mayor read a statement regarding the 17 purpose of the meeting (labor negotiations with the 49ers and Local 260) and the reason it 18 was being closed. 19 20 The meeting was recorded. 21 22 The meeting was adjourned at 9:00 p.m. 23 24 These minutes were considered, corrected and approved at the regular Council meeting held on 25 December 15, 2014. 26 27 28 29 30 Julianne Bartell, City Clerk Jeff Reinert, Mayor 31 CONSENT AGENDA ITEM D STAFF ORIGINATOR: Al Rolek MEETING DATE: December 15, 2014 TOPIC: Resolution No. 14-157, Resolution Amending the City of Lino Lakes Flexible Spending Accounts Plan VOTE REQUIRED: 3/5 INTRODUCTION The council is being asked to amend the City of Lino Lakes Flexible Spending Accounts Plan effective January 1, 2015. BACKGROUND: It is recommended that the city's Flexible Spending Accounts Plan be amended to incorporate any changes that may have occurred. The last plan document was updated in 2014. The following resolution incorporates one change to the current plan document. It is: • The Plan changes the maximum contribution amount for Medical (out of pocket) Expenses from $2,500 to $2,550 effective January 1, 2015. RECOMMENDATION: Approve change to city's Flexible Spending Accounts Plan effective January 1, 2015. CITY OF LINO LAKES RESOLUTION NO. 14-157 RESOLUTION AMENDING THE CITY OF LINO LAKES FLEXIBLE SPENDING ACCOUNTS PLAN WHEREAS, the plan was adopted per Resolution No. 78-90 with the effective date of January 1, 1991, and WHEREAS, the plan was amended and restated per Resolution No. 95-156 with an effective date of January 1, 1996, and again per Resolution No. 00-119 with an effective date of January 1, 2001 and again per Resolution No. 03- 07 with an effective date of January 1, 2003, and again per Resolution No. 05-181 with an effective date of January 1, 2006,and again per Resolution No. 07-204 with an effective date of January 1, 2008, and again per Resolution 11-13, with an effective date of December 31, 2010, and again per Resolution 13-136, with an effective date of January 1, 2014 and WHEREAS, the City of Lino Lakes wishes to amend the plan document effective January 1, 2015, to include the following; • The Plan changes the maximum contribution amount for Medical (out of pocket) Expenses from $2,500 to $2,550. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Lino Lakes that: 1. The City of Lino Lakes Flexible Spending Accounts Plan be amended and adopted in the form presented to the City council effective as of January 1, 2015. Adopted by the Lino Lakes City Council this 15th day of December, 2014. 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 Julie Bartell, City Clerk CITY COUNCIL WORK SESSION December 8, 2014 DRAFT CITY OF LINO LAKES 2 MINUTES 3 4 DATE : December 8, 2014 5 TIME STARTED : 6:00 p.m. 6 TIME ENDED : 6:30 p.m. 7 MEMBERS PRESENT : Council Member Kusterman, 8 Rafferty, Roeser and Mayor Reinert 9 MEMBERS ABSENT : Stoesz 10 11 12 Staff members present: City Administrator Jeff Karlson; Public Safety Director John 13 Swenson; Community Development Director Michael Grochala; City Clerk Julie Bartell 14 15 1. Anoka County Fire Protection Council Joint Powers Agreement (JPA) - Mayor 16 Reinert indicated that council members had received an email from Police Chief Swenson 17 further explaining this request. Chief Swenson reviewed the city's previous relationship 18 with the Council (through Centennial Fire District) and the benefits of entering into a 19 joint powers agreement with the Council at this time. While this Council has been in 20 place for some time, they can only be recognized as a legal entity by executing this JPA 21 with the participating jurisdictions. The goal is to have the JPA in place by the end of 22 2015. Several other cities have signed on to the agreement and he is aware of none that 23 have declined. 24 25 The council discussed emergency dispatch services. Chief Swenson explained how 911 26 calls are received in the region and specifically in Anoka County, and the process of 27 mutual aid. The chief said that joining this system means the city is included in the new 28 Public Safety Data System application. The records element is also an important benefit. 29 At the council's request, Chief Swenson further discussed the governance provisions 30 included in the JPA. It does require that budgets be set one year in advance so that 31 jurisdictions have the opportunity to withdraw. Being included through the JPA would 32 give the city a seat at the governing table and a voice in the group's direction. 33 34 The council concurred that they would like additional time to review and discuss the JPA 35 authorization. The two related actions on the council agenda (Items 4A and 4B) will be 36 postponed to the next meeting on December 15. 37 38 The meeting was adjourned at 6:30 p.m. 39 40 These minutes were considered, corrected and approved at the regular Council meeting held on 41 December 15, 2014. 42 43 44 45 Julianne Bartell, City Clerk Jeff Reinert, Mayor 1 CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Jeff Karlson, City Administrator MEETING DATE: December 15, 2014 TOPIC: Labor Agreement with Local No. 49 VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve a labor agreement with the Local No. 49 bargaining unit, which represents 15 employees in the Public Services Department. BACKGROUND We have reached a one-year agreement with the IUOE Local 49 for 2015. The union members have agreed to the following terms: 1. Wages: Two percent 2. H.E.O Premium Pay: Remove "motor grader" and add "tractor with attachments." 3. Insurance: The City will contribute $423.44 toward health insurance premiums for single coverage and $981.18 for family coverage. RECOMMENDATION Approve the 2015 labor agreement between the City of Lino Lakes and Local No. 49 as proposed. CITY COUNCIL AGENDA ITEM 3B STAFF ORIGINATOR: Jeff Karlson MEETING DATE: December 15, 2014 TOPIC: Appointment of Administrative Assistant VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Nicole DeDeyn for the Administrative Assistant position in the Community Development Department. BACKGROUND This position was advertised after Dawn Bugge resigned two months ago. The City received 95 applications and interviewed 15 candidates. A conditional job offer was made to Nicole DeDeyn. Her starting annual wage would be $40,013, which is Step 1 of her wage classification in the AFSCME labor agreement. RECOMMENDATION Approve the appointment of Nicole DeDeyn as Administrative Assistant, effective January 12, 2015. CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: December 15, 2014 TOPIC: Approval of Resolution 14-155, Authorizing Participation in the Anoka County Fire Protection Council Joint Powers Agreement VOTE REQUIRED: 3/5 INTRODUCTION The Anoka County Fire Protection Council (ACFPC) is made up of fire organizations from Anoka County. The ACFPC has operated under bylaws but with no formal Joint Powers Agreement (JPA). The ACFPC must now have a JPA between member cities in order to become a legal entity with the ability to enter into legal contracts. BACKGROUND The ability of the ACFPC to become a legal entity and enter into contracts is necessary for the implementation of the Anoka County Public Safety Data System. As part of the Anoka County Public Safety Data System, the ACFPA must enter into contract with the vendor, FDM, for the fire records management system. The City of Lino Lakes has been represented by the Centennial Fire District prior to the execution of this JPA. By entering into the JPA, the City of Lino Lakes would have full membership in the ACFPC. RECOMMENDATION Staff recommends Council approval of Resolution 14-155, Authorizing Participation in the Anoka County Fire Protection Council Joint Powers Agreement. ATTACHMENTS Resolution 14-155 CITY OF LINO LAKES RESOLUTION NO. 14-155 AUTHORIZING THE CITY OF LINO LAKES TO PARTICIPATE IN THE ANOKA COUNTY FIRE PROTECTION COUNCIL JOINT POWERS AGREEMENT. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes: That the Lino Lakes Public Safety Department is authorized to participate in the Anoka County Fire Protection Council Joint Powers Agreement. Adopted by the Council of the City of Lino Lakes this 15th day of December, 2014. 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 ANOKA COUNTY FIRE PROTECTION COUNCIL JOINT POWERS AGREEMENT THIS AGREEMENT is made and entered into this day of , 2014, by and between the following governmental entities: the Cities of Anoka, Champlin, Andover, Bethel, Centerville, Lino Lakes, Circle Pines, Coon Rapids, Columbia Heights, East Bethel, Fridley, Ham Lake, Hilltop, Lexington, Nowthen, Oak Grove, Ramsey, St. Francis, Spring Lake Park, Blaine, Mounds View, and the Township of Linwood; (hereinafter "Members"). WHEREAS, the Members have determined that it is mutually beneficial for them to join together to improve the efficiency and effectiveness of fire and emergency services to the public within the geographic service area of the Members. Specifically, Anoka County Fire Protection Council (hereinafter "ACFPC") will cooperatively address the Members' long term needs for fire -fighting and emergency equipment, fire records data systems, fire-fighter and EMS training, fire prevention, fire inspection, fire -related public education, and other fire- and emergency - related essentials; and WHEREAS, the Members have previously participated in mutual aid agreements that were successful in encouraging cooperation among the group, but said mutual aid agreements did not provide sufficient legal authority for the group to meet upcoming needs and desires; and WHEREAS, the creation of a joint powers agreement will meet the legal needs for the Members to accomplish the goals as set forth herein, including interaction with the Anoka County Joint Law Enforcement Council and other private and public entities; and WHEREAS, each of the Members have considered the alternatives, and agree that creation of this Agreement is in the Member's best interest; and WHEREAS, the Members enter into this Agreement pursuant to the authority set forth in Minn. Stat. § 471.59; NOW THEREFORE, in consideration of the mutual promises and benefits that each Member shall derive from this Agreement, and other good and valuable consideration, the Members agree as follows: 1 ARTICLE I Definitions In the interpretation of this Agreement and the Bylaws, the following definitions shall have the meanings given to them. (1) "Aggregate Index" or "AI" means a. The total number of Calls for Service experienced by all Members in the preceding five (5) calendar years, divided by five (5), plus b. Assessed Market Value for all Members, divided by 1,000,000, plus c. Population for all Members, divided by 100. (2) "Agreement" shall mean this Joint Powers Agreement between and among the Members as defined herein. (3) "Anoka County Fire Protection Council" or "ACFPC" is the name of the cooperative joint powers entity created by this Agreement. (4) "Assessed Market Value" or "AMV" means the statistic established and maintained by the County Assessor for all of the real property in a given municipality. (5) "Call for Service" means the dispatching of any fire department or emergency personnel in response to an incident. (6) "Director" means an individual who is also a member of the ACFPC Joint Powers Board (i.e., a Fire Chief or an Elected Official) who, with the other ACFPC Directors acting through the process of voting, has the responsibility for determining and implementing the business and affairs of ACFPC. (7) "Joint Powers Board" means the collective group of Directors that is legally responsible for governing the cooperative joint powers entity created by this Agreement. ACFPC's Joint Powers Board is composed of (2) joint decision-making bodies: A.) Fire Chief Directors, who are responsible for the day-to-day operations and programmatic decisions of ACFPC that do not constitute "Major Financial Decisions;" and B.) Elected Official Directors, who are responsible for "Major Financial Decisions" of ACFPC. Together, the Joint Powers Board shall jointly exercise the powers and duties as stated in this Agreement as they deem is in the best interests of ACFPC. (8) "Major Financial Decisions" means an expenditure totaling fifty thousand dollars ($50,000) or more, and shall require prior approval by the elected officials' decision- making body. 2 (9) "Member(s)" shall mean the following government entities: City of Andover City of Anoka City of Bethel City of Blaine City of Centerville City of Champlin City of Circle Pines City of Columbia Heights City of Coon Rapids City of East Bethel City of Fridley City of Ham Lake City of Hilltop City of Lexington City of Lino Lakes City of Mounds View City of Nowthen City of Oak Grove City of Ramsey City of Spring Lake Park City of St. Francis Township of Linwood (10) "Member Index" or "MI" means a. The total number of Calls for Service experienced by the Member in the preceding five (5) calendar years, divided by five (5), plus b. Assessed Market Value for the Member, divided by 1,000,000, plus c. Population for the Member, divided by 100. (11) "Officer" means an individual who is also an ACFPC Director and a fire service professional, who is further entrusted with specific responsibilities and authority within ACFPC to perform the duties and functions of Chairman, Vice Chairman, Treasurer, and/or Secretary as set forth in the Bylaws. (12) "Population" means the most recent population estimate for a given municipality as developed by the Twin Cities Area Metropolitan Council. 3 ARTICLE II Purpose The purpose of this Joint Powers Entity is to join together to improve the efficiency and effectiveness of fire and emergency services to the public within the geographic service area of the Members. Specifically, ACFPC will cooperatively address the Members' long term needs for fire -fighting and emergency equipment, fire records data systems, fire-fighter and EMS training, fire prevention, fire inspection, fire -related public education, and other fire- and emergency -related essentials. ARTICLE III Effective Date & Term The effective date of this Agreement shall be , 2014, notwithstanding the dates of the signatures of the parties, and shall continue in full force and effect unless and until the Members agree to its termination, as set forth herein. ARTICLE IV Powers & Duties The Joint Powers Entity created by this Agreement shall have all the powers and duties assigned by law, including the following: (1) Powers: a. The Members hereby delegate to ACFPC all authority necessary and reasonable to accomplish the purposes of this Agreement, including, but not limited to, the ability to obtain grant monies, finance, develop, design, construct, equip, own, staff, and operate any Member -approved programs in accordance with the terms of this Agreement. b. ACFPC may take and hold, by bequest, devise, gift, grant, purchase, lease or otherwise, any property, real, personal or mixed or any undivided interest therein, without limitation to amount or value; to convey, sell, or otherwise dispose of such property; and to invest, reinvest, and deal with the same in such a manner as in the judgment of the Members, will best promote the purposes of ACFPC. c. ACFPC may employ such staff as is necessary to carry out the purpose of this 4 Agreement, subject to the financial limitations imposed by law and this agreement. d. ACFPC may contract with individuals and/or other legal entities (corporations, LLCs, partnerships, etc.) to best promote the purposes of the Agreement. e. ACFPC may issue bonds or obligations, and may use the proceeds of the bonds or obligations to carry out the purposes of this Agreement. f. In addition to the powers specified above, ACFPC shall have all powers that may be necessary to enable it to perform and carry out its duties and responsibilities under this Agreement. (2) Service to the community shall be unrestricted based on considerations of disability, national origin, race, color, creed, gender, age, religion, marital status, sexual orientation, and status with regard to public assistance. (3) Duties: a. ACFPC shall operate in accordance with Minnesota open meetings laws and government data practices pursuant to Minn. Stat. Chapters 13 and 13D. b. ACFPC shall operate in accordance with Minnesota joint powers board laws pursuant to Minn. Stat. § 471.59. c. ACFPC shall operate in accordance with all other relevant laws, rules, and internal documents, including its Bylaws. In the event ACFPC's Bylaws conflict with this Agreement, this Agreement shall control. ARTICLE V Composition & Operations 5.1 Composition. The ACFPC Joint Powers Board shall have the following composition of two (2) joint decision-making bodies: (1) Fire Chief Directors — For day-to-day operations and programmatic decisions of ACFPC that do not constitute "Major Financial Decisions": a. Each City/Township Member shall be represented by its Fire Chief, or the Fire Chief's designee in the Fire Chief's absence. b. One (1) vote per fire department shall be counted when voting. Moreover, votes shall be weighted pursuant to the cost -share model, and seventy-five percent 5 (75%) of the cumulative weight of all the Members is required for passage of all items. c. The Fire Chiefs shall meet at least quarterly to assure proper governance and adequate programming. (2) Elected Official Directors — For "Major Financial Decisions" of ACFPC: a. Each City/Township Member shall be represented by one (1) of its elected officials, or the official's alternate in the official's absence. b. One (1) vote per City/Township Member shall be counted when voting. Moreover, votes shall be weighted pursuant to the cost -share model, and seventy- five percent (75%) of the cumulative weight of all the Members is required for passage of all items. c. The elected officials shall meet at least annually, to approve the ACFPC budget and ensure proper fiscal accountability. Additional periodic meetings may be necessary as required. 5.2 Operations. ACFPC shall have operating and governance procedures as set forth in its Bylaws. ARTICLE VI Member Expense Allocations & Fees 6.1 Calculation. A Member's percentage share of the annual expenses of the ACFPC will be equal to the Member Index divided by the Aggregate Index. 6.2 Cost -share Model. For the calendar year beginning in the year 2015, the Member percentages shall be based on data from calendar year 2013, as displayed on the cost -share model attached as Exhibit B. Exhibit B will also serve as an example of the computation methodology. The data for subsequent calendar years shall be assembled by the ACFPC's Executive Committee for use in annually updating Member expense allocations. 6.3 Annual Fee. Each Member shall pay an annual fee as well as pay its percentage share of ACFPC's annual expenses. The Joint Powers Board shall determine the annual fee and all other fees and/or assessments owed by Members, and these fees may be changed from time to time. The Joint Powers Board shall publish the annual fees on a regular basis to all Members and prospective Members. "Good standing" and continued voting privileges are contingent upon being current on payment of fees and/or assessments. Failure to pay a fee or assessment shall subject Members to loss of voting rights and/or termination unless special arrangements are made with ACFPC. 6 ARTICLE VII Withdrawal and Termination 7.1 Withdrawal. A Member may withdraw from ACFPC effective January 1 of any year, subsequent to the Effective Date, by providing a minimum of one (1) year's written notice to the Chair of ACFPC. In the event of withdrawal by any Member, this Agreement shall remain in full force and effect as to all remaining Members and the cost -share model attached as Exhibit B shall be amended. 7.2 Termination of the Agreement. This Agreement shall terminate upon the occurrence of any one of the following events: (1) When any Member withdraws pursuant to this Article, so that in the judgment of the remaining Members, as evidenced by a vote of both the Fire Chief Directors and the Elected Official Directors, it becomes impractical or impossible to continue. (2) When necessitated by operation of law, or as a result of a decision by a court of competent jurisdiction; (3) When the Members agree, by resolution of both the Fire Chief Directors and the Elected Official Directors, to terminate the Agreement; 7.3 Expulsion of a Member. If a Member fails to perform any material obligation as required by this Agreement, the Bylaws, or applicable law, then ACFPC may, upon sixty (60) days' written notice and continued nonperformance, expel such non-performing Member. 7.4 Effect of Termination or Withdrawal. Termination, withdrawal, or expulsion shall not discharge any liability incurred by any of the Members prior to the date of termination, withdrawal, or expulsion. Termination, withdrawal, or expulsion of a Member shall not act to discharge any liability incurred or chargeable to said Member prior to the date of said Member's termination, withdrawal, or expulsion. Liability shall continue until appropriately discharged by law or mutual agreement. If a Member withdraws or is expelled, its contributions of real property, personal property, and/or liquid assets shall be forfeited to ACFPC for its continued use. 7.5 Distribution of Assets upon Termination. Upon termination of this Agreement, any and all real and personal assets shall be sold, and, after payment of all liabilities, surplus monies returned to the Members in proportion to their contributions, to be used for public purposes. 7 ARTICLE VIII Amendment This Agreement may be amended when the Members agree, by resolution of both the Fire Chief Directors and the Elected Official Directors. Notice of any proposed amendment shall be provided to all participating Members at least thirty (30) days prior to the effective date of the proposed amendment. ARTICLE IX Liability and Insurance 9.1 Insurance. ACFPC is a separate and distinct public entity. As such, ACFPC shall purchase and maintain adequate insurance to protect the entity and its participant Members against risk of loss for the following, which includes, but is not limited to: (1) Damage to any ACFPC property, personal and/or real, as well as any improvements located thereon against claims that may arise during the construction, operation, use, or maintenance of any ACFPC property; (2) Against claims which may arise from the regular activities of ACFPC as contemplated by the purposes of this Agreement; (3) Against unemployment and workers compensation, if ACFPC hires employees; (4) Against claims which may arise based on the good -faith actions of the Joint Powers Board and its Officers; (5) Against any other risk of loss that, in the judgment of the Members, will best promote the purposes of ACFPC. 9.2 Liability. Each Member shall be responsible for its own acts and those of its elected officials, employees, agents, independent contractors and the results thereof, and shall not be responsible for the acts of any other Member, its elected officials, employees, agents, or independent contractors and the results thereof, except as otherwise provided in this Agreement. Claims, liabilities, obligations, losses, expenses (including insurance premiums as well as reasonable attorney and other professional fees), judgments and costs paid or incurred by ACFPC (which arise out of its performance or failure to perform its duties under this Agreement), to the extent not covered by insurance proceeds or a self-insurance risk pool, shall be included in the annual operating budget for the next calendar year. Amounts included in the 8 annual operating budget under this section shall be pro -rated so that the total costs passed through to the Members do not exceed ten percent (10%) of the annual operating budget. 9.3 Indemnification. ACFPC shall defend and indemnify its own officers, employees, and volunteers from and against all claims, damages, losses, and expenses, including attorney fees, arising out of their good -faith actions carrying out the terms of this Agreement. Moreover, ACFPC shall defend and indemnify its participating Members and their officers, employees, and volunteers from and against all claims, damages, losses, and expenses, including attorney fees, arising out of their good -faith actions carrying out the terms of this Agreement. All requests for indemnification by ACFPC shall be presented to the Joint Powers Board, and the Members shall determine whether the request should be granted or denied based on all of the relevant facts and circumstances as well as what best will promote the purposes of ACFPC. Nothing contained herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or volunteer of any Member for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. Nothing contained herein shall be deemed a waiver by any Member of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought against any Member shall be subject the maximum liability limits provided in Minnesota Statutes, Section 466.04. To the fullest extent permitted by law, action by the Members to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Members that they shall be deemed a "single governmental unit" for purposes of liability as set forth in Minnesota Statutes, Section 471.59, Subd. la(a), provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of another party. Members are not liable for the acts or omissions of another Member except to the extent that they have agreed in writing to be responsible for the acts or omissions of the other Members. Any excess or uninsured liability shall be borne equally by all Members, but this does not include the liability of any individual officer, employee, or volunteer, which arises from his or her own malfeasance, willful neglect of duty, or bad faith. ARTICLE X Property A list of equipment and/or personal property as set forth in Exhibit C is currently owned by ACFPC. Any equipment and/or personal property contributed by a Member after the Effective Date shall be set forth in a separate writing and shall be attached hereto as Exhibit D. 9 Upon termination of this Agreement, ACFPC shall follow the distribution provision in Article 6.5 of this Agreement. ARTICLE XI General Provisions 11.1 Entire Agreement. This Agreement contains the entire agreement of the Members and shall supersede all oral and written agreements as well as negotiations by the Members relating to the subject matter of this Agreement. 11.2 Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such provision shall be void and shall not affect the remaining portions of this Agreement. 11.3 Notice. All notices and communications required pursuant to this Agreement shall be either hand delivered or mailed by U.S. Mail, to the following addresses: City of Andover City of Anoka City of Bethel City of Blaine Fire Chief 1685 Crosstown Blvd NW Andover, Minnesota 55304 763-755-9825 Fire Chief 2015 First Avenue North Anoka, Minnesota 55303 763-576-2860 Fire Chief 165 Main Street NW Bethel, Minnesota 55005 763-434-4366 Fire Chief 10801 Town Square Drive NE, Blaine, Minnesota 55449 763-786-4436 10 City of Centerville City of Champlin City of Circle Pines City of Columbia Heights City of Coon Rapids City of East Bethel City of Fridley City of Ham Lake City of Hilltop Fire Chief 2085 West Cedar Street Centerville, MN 55038 651-792-7901 Fire Chief 11955 Champlin Drive Champlin, Minnesota 55316 763-576-2860 Fire Chief 200 Civic Heights Circle Circle Pines, MN 55014 651-792-7901 Fire Chief 590 -40th Avenue NE Columbia Heights, Minnesota 55421 763-706-8152 Fire Chief 11155 Robinson Drive NW Coon Rapids, Minnesota 763-767-6471 Fire Chief 2241 -221st Avenue NE East Bethel, Minnesota 55011 763-367-7886 Fire Chief 6431 University Avenue NE Fridley, Minnesota 55432 763-572-3610 Fire Chief 15544 Central Avenue NE Ham Lake, Minnesota 55304 763-434-9555 Fire Chief 4555 Jackson Street NE Minneapolis, MN 55421 763-706-8152 City of Lexington City of Lino Lakes City of Mounds View City of Nowthen City of Oak Grove City of Ramsey City of Spring Lake Park City of St. Francis Township of Linwood Fire Chief 9180 Lexington Avenue NE Lexington, Minnesota 55014 763-784-2792 Fire Chief 600 Town Center Parkway Lino Lakes, MN 55014 651-792-7901 Fire Chief 2401 Highway 10 Mounds View, MN 55112 763-786-4436 Fire Chief 8188 199th Ave NW Nowthen, MN 55330 763-433-9886 Fire Chief 19900 Nightingale Street NW Oak Grove, MN 55011 763-404-7000 Fire Chief 7550 Sunwood Drive NW Ramsey, Minnesota 55303 763-433-9886 Fire Chief 1301 81st Avenue NE Spring Lake Park, Minnesota 55432 763-786-4436 Fire Chief 23340 Cree Street NW St. Francis, Minnesota 55070 763-441-4452 Fire Chief 22817 Typo Creek Drive NE Stacy, Minnesota 55079 651-462-0502 The addressees listed in this section shall be the registered address of the Members for purposes of sending and receiving notices and communications required pursuant to this Agreement. Any Member may change its registered address and/or authorized representative by written notice delivered to the ACFPA Secretary and all other Members. Mailed notice shall be deemed complete two (2) business days after the date of mailing. 11.4 Members Form a Governing Joint Powers Board. For the purposes of the Agreement, the Members shall collectively form a Joint Powers Board, which shall govern the entity. The Members shall not be deemed to be independent contractors nor employees of ACFPC; rather, Members shall be deemed to be governing participants. Any and all agents, servants, employees, or independent contractors of a Member remains an employee or independent contractor of the Member, and shall not be considered an employee or independent contractor of any other Member for any purpose. This paragraph shall not prohibit an employee or independent contractor of any Member from contracting with ACFPC to provide services outside their normal engagements. 11.5 Damages. In the event of a Member's failure to perform obligations under this Agreement, that Member shall be liable to the other parties for any and all damages reasonably sustained by the other Member as a result of such failure. ACFPC shall attempt to first mediate all internal disputes and Members are strongly encouraged to engage in binding arbitration instead of litigation. 11.6 Remedies Cumulative. All remedies provided for herein or otherwise available at law or equity shall be cumulative. The election of one remedy shall not bar other remedies available to the Member. 11.7 Waiver of Default. The waiver of any default by any Member, or the failure to give notice of any default, shall not constitute a waiver of any subsequent default or be deemed to be a failure to give such notice with respect to any subsequent default. The making or acceptance of a payment by any Member with knowledge of the existence of a default shall not operate or be construed to operate as a waiver of any subsequent default. 11.8 Subcontracts, Assignment. A Member may not subcontract, assign, or otherwise transfer its rights or obligations under this Agreement to any other entity — public or private. 11.9 Successors. Each Member binds itself and its successors, legal representatives, and assigns to the other Members and to the partners, successors, legal representatives, and assigns of such other Members, in respect to all rights and obligations under this Agreement. 13 IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates written below. CITY OF ANOKA CITY OF CHAMPLIN By: By: Phil Rice, Mayor Dated: ATTEST: Dated: ArMand Nelson, Mayor ATTEST: By: By: Tim Cruikshank, City Manager Bret Heitkamp, City Administrator Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: Scott Baumgartner, City Attorney Scott Lepak, City Attorney Dated: Dated: CITY OF ANDOVER CITY OF BETHEL By: By: Mike Gamache, Mayor Todd Miller, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Jim Dickinson, City Administrator Ginger Berg, City Clerk Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: Scott Baumgartner, City Attorney William Goodrich, City Attorney Dated: Dated: 14 CITY OF BLAINE CITY OF COLUMBIA HEIGHTS By: By: Tom Ryan, Mayor Gary Peterson, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Clark Arneson, City Manager Walt Fehst, City Manager Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: Patrick Sweeney, City Attorney Scott Lepak, City Attorney Dated: Dated: CITY OF CENTERVILLE CITY OF CIRCLE PINES By: By: Thomas Wilharber, Mayor David Bartholomay, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Dallas Larson, City Administrator James Keinath, City Administrator Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: Kurt Glaser, City Attorney Kim Kozar, City Attorney Dated: Dated: 15 CITY OF COON RAPIDS CITY OF EAST BETHEL By: By: Tim Howe, Mayor Richard Lawrence, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Steve Gatlin, City Manager Jack Davis, City Administrator Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: David Brodie, City Attorney Mark Vierling, City Attorney Dated: Dated: CITY OF FRIDLEY CITY OF HAM LAKE By: By: Scott Lund, Mayor Mike Van Kirk, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Wally Wysopal, City Manager Doris Nivala, City Administrator Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution By: By: Darcy Erickson, City Attorney Wilbur Dorn, City Attorney Dated: Dated: 16 CITY OF HILLTOP CITY OF LEXINGTON By: By: Jerry Murphy, Mayor Michael Pitchford, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Ruth J. Nelson, City Clerk Bill Petracek, City Administrator Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: Carl J. Newquist, City Attorney Kurt Glaser, City Attorney Dated: Dated: CITY OF LINO LAKES TOWNSHIP OF LINWOOD By: By: Jeff Reinert, Mayor Phillip Osterhus, Chair, Board of Supervisors Dated: Dated: ATTEST: ATTEST: By: By: Jeff Karlson, City Administrator Dated: Approved as to Form and Execution: Judy Hanna, Town Clerk Dated: Approved as to Form and Execution: By: By: Joseph Langel, City Attorney Michael Haag, City Attorney Dated: Dated: 17 CITY OF MOUNDS VIEW CITY OF NOWTHEN By: By: Joe Flaherty, Mayor William Schulz, Mayor Dated: Dated: ATTEST: ATTEST: By: By: James Ericson, City Administrator Corrie LaDoucer, City Clerk Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: Robert Vose, City Attorney Robert Ruppe, City Attorney Dated: Dated: CITY OF OAK GROVE CITY OF RAMSEY By: By: Mark Korin, Mayor Sarah Strommen, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Rick Juba, City Administrator Kurt Ulrich, City Administrator Approved as to Form and Execution: Approved as to Form and Execution: By: By: Robert Vose, City Attorney Joseph Langel, City Attorney 18 CITY OF SPRING LAKE PARK CITY OF ST. FRANCIS By: By: Cindy Hansen, Mayor Jerry Tveit, Mayor Dated: Dated: ATTEST: ATTEST: By: By: Daniel Buchholtz, City Administrator Matthew Hylen, City Administrator Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution By: By: Jeffrey Carson, City Attorney Scott Lepak, City Attorney Dated: Dated: 19 EXHIBIT A - BYLAWS 20 Exhibit A Bylaws of Anoka County Fire Protection Council Article I — Name Section 1. Name. The name of the joint powers entity shall be Anoka County Fire Protection Council (hereinafter "ACFPC"). Article II — Location Section 1. Registered Office. The registered office of ACFPC is Spring Lake Park Fire Dept., Inc., 1710 County Hwy 10, Spring Lake Park, MN 55432. The corporate records shall be stored at ACFPC's registered office. Section 2. Mailing Address. ACFPC's mailing address is Spring Lake Park Fire Dept., Inc., 1710 County Hwy 10, Spring Lake Park, MN 55432. Section 3. Other Offices. ACFPC may maintain other offices and places of business as the Board may from time to time designate or the business of the ACFPC may require. Article III — Purpose Section 1. Purpose. The purpose of this Joint Powers Entity is to join together to improve the efficiency and effectiveness of fire and emergency services to the public within the geographic service area of the Members. Specifically, ACFPC will cooperatively address the Members' long term needs for fire -fighting and emergency equipment, fire records data systems, fire-fighter and EMS training, fire prevention, fire inspection, fire -related public education, and other fire- and emergency -related essentials. Section 2. Mission. ACFPC shall strive to: A. Improve safety conditions for ACFPC Members' firefighters; B. Promote fire safety through education, inspections, investigations, and general protection of its Members' citizens; C. Exchange ideas among ACFPC Members in areas related to all aspects of fire and emergency services; D. Enhance overall communications between and among ACFPC Members; 1 Exhibit A E. Strive to provide to the Members' communities the best overall fire and emergency services that can be jointly made available; F. Serve in an advisory capacity to the Members on matters related to fire and emergency services; G. Serve as an appropriate representative of firefighting and emergency services within Anoka County; H. Coordinate efforts for the mutual exchange of equipment and services among ACFPC Members; I. Provide appropriate training through the Anoka County Training Academy for ACFPC Members' firefighters; J. Participate in the creation and on-going management of the Records Management and Computer Aided Dispatch Systems for ACFPC Members; K. Establish and maintain cooperative relationships with Joint Law Enforcement Council and other government agencies; and L. Enter into contracts, agreements, and transactions for the benefit of all ACFPC Members. Article IV — Membership Section 1. Membership. Membership shall consist of the participating Members of the Joint Powers Agreement, as defined in said Agreement. Article V — Joint Powers Board Section 1. Number and Qualifications. The ACFPC Joint Powers Board shall have the following composition of two (2) joint decision-making bodies: A. Fire Chief Directors — For day-to-day operations and programmatic decisions of ACFPC that do not constitute "Major Financial Decisions": 1. Each City/Township Member shall be represented by its Fire Chief, or the Fire Chief's designee in the Fire Chief's absence. 2. One (1) vote per fire department shall be counted when voting. Moreover, votes shall be weighted pursuant to the cost -share model, and seventy-five percent (75%) of the cumulative weight of all the Members is required for passage of all items. 3. The Fire Chiefs shall meet at least quarterly to assure proper governance and adequate programming 2 Exhibit A B. Elected Official Directors — For "Major Financial Decisions" of ACFPC: 1. Each City/Township Member shall be represented by one (1) of its elected officials, or the official's alternate in the official's absence. 2. One (1) vote per City/Township Member shall be counted when voting. Moreover, votes shall be weighted pursuant to the cost -share model, and seventy- five percent (75%) of the cumulative weight of all the Members is required for passage of all items. 3. The elected officials shall meet at least annually, to approve the ACFPC budget and ensure proper fiscal accountability. Additional periodic meetings may be necessary as required. Section 2. Governing Powers. Pursuant to the Joint Powers Agreement and Minn. Stat. § 471.59, the Joint Powers Board shall have all the duties and powers necessary and appropriate for the overall direction of ACFPC, including but not limited to: A. To perform any and all duties imposed upon them collectively or individually by law, by the Joint Powers Agreement, the Bylaws, and/or the Policies & Procedures; B. To appoint and remove, employ and discharge, and, except otherwise provided in these Bylaws, prescribe the duties and fix compensation, if any, of all Officers, agents, employees, independent contractors, and/or committees of ACFPC; to prescribe powers and duties for them; and to fix their compensation; C. To manage and oversee the affairs and activities of ACFPC, and to make policies and procedures; D. To enter into contracts, leases, and other agreements which are, in the judgment of the Joint Powers Board, necessary or desirable in obtaining the purposes of promoting the interests of ACFPC; E. To acquire real or personal property, by purchase, exchange, lease, gift, devise, bequest, or otherwise, and to hold, improve, lease, sublease, mortgage, transfer in trust, encumber, convey, or otherwise dispose of such property; F. To borrow money, incur debt, and to execute and deliver promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, and other evidences of debt and securities; G. To indemnify and maintain insurance on behalf of any of ACFPC, its Directors, Officers, agents, employees, or independent contractors, for liability asserted against the entity or incurred by such person in such capacity or arising out of such person's status as such, subject to the provisions of Minn. Stat. § 471.59 or other law/equity; and 3 Exhibit A H. To follow these Bylaws, including meeting regularly. The Joint Powers Board may engage in such acts that are in the best interests of ACFPC and that are not in violation of Minnesota Statutes or Federal law. No Director shall have any right, title, or interest in or to any property of ACFPC. Section 3. Terms. Because both decision-making bodies composing the Joint Powers Board serve ex officio, there are no terms. Section 4. Election Procedures. Because both decision-making bodies composing the Joint Powers Board serve ex officio, there are no election procedures. Section 5. Resignation, Termination, Leaves, and Absences. A. A Director may resign or request a leave of absence at any time by giving written notice to the Secretary of ACFPC. The resignation or request for leave of absence is effective immediately without acceptance, unless a later effective time is specified in the notice. If a resignation is effective at a later date, the Board may fill the pending vacancy before the effective date if the Board provides that the successor shall not take office until the effective date. At no time shall any participating Member go unrepresented or have fewer than one (1) representative amongst the Fire Chief Directors as well as one (1) representative amongst the Elected Official Directors. B. A Director on leave shall be considered an inactive member of the Joint Powers Board. At no time shall any participating Member go unrepresented or have fewer than one (1) representative amongst the Fire Chief Directors as well as one (1) representative amongst the Elected Official Directors. C. Any Director may be removed for just cause, including excess unexcused absences, by an affirmative vote of the remaining Directors within the specific Director group (i.e., Fire Chiefs or Elected Officials). At no time shall any participating Member go unrepresented or have fewer than one (1) representative amongst the Fire Chief Directors as well as one (1) representative amongst the Elected Official Directors. D. The matter of removal may be acted upon at any meeting of the Board, provided that notice of the intention to consider a Director's removal has been given to each Director and to the Director affected at least thirty (30) days in advance of the meeting. A successive Director may then be elected to fill the vacancy thus created. Any Director whose removal will be proposed shall be given at least thirty (30) days notice of the intent to take such action and an opportunity to be heard at this meeting. 4 Exhibit A Section 6. Vacancies. If a Member's representative is removed or resigns, the City/Township he/she represents must nominate another qualifying representative to serve on ACFPC's Board. At no time shall any participating Member go unrepresented or have fewer than one (1) representative amongst the Fire Chief Directors as well as one (1) representative amongst the Elected Official Directors. Section 7. Compensation. No compensation shall be paid to Directors of ACFPC for their services, time, and efforts. Directors, however, may be reimbursed for necessary and reasonable actual expenses incurred in the performance of their duties. Section 8. Open Meetings and Government Data. Pursuant to Minn. Stat. Chapters 13 and 13D, all meetings, including executive sessions, must be open to the public when required or permitted by law to transact public business in a meeting, and records of those meetings must be recorded and made available to the public upon reasonable request. The minutes of meetings shall record all votes taken at the meeting, including the vote of each Board Member on appropriations of money, except for payments of judgments and amounts fixed by statute. Government data must also be made available to the public upon reasonable request. The Board may close a meeting only under circumstances allowed or required by the Minnesota Open Meeting Law. Section 9. Public Comment at Meetings. A minimum of fifteen (15) minutes shall be reserved at each Board of Director meeting for comments and requests for business to be brought before the Board by employees, volunteers, and/or interested community members. The Chair of the Board may reasonably limit individual speaking times. Section 10. Annual Meetings. An annual meeting shall take place in the month of January, the specific date, time, and location of which will be designated by the Chair of the Board. If the Chair fails to select a place for the annual meeting, it shall be held at ACFPC's registered office. The annual meeting shall be held for the purpose of electing the Officers of ACFPC, as well as the consideration of any other business that may be properly brought before the Board. This shall include, but not be limited to, Board reports regarding ACFPC activities and financial position; authorization of the annual information return for submission; approval of policy/procedures, Joint Powers Agreement and/or Bylaws changes; and input toward the direction of the ACFPC for the coming year. Section 11. Regular Meetings. Regular meetings of the Joint Powers Board may be held at such time and place as shall be determined from time to time by a majority of the Directors. If the Board fails to select a place for a regular Board meeting, it shall be held at ACFPC's registered office. The agenda shall be: • Call to Order • Roll Call 5 Exhibit A • Reading and Approval of Minutes of the preceding meeting • Approval of Agenda of current meeting • Reports of Officers • Reports of Committees • Old and Unfinished Business • New Business • Adjournment Section 12. Special Meetings. The Secretary of ACFPC shall call a special meeting upon the written request of any Director. If the Board fails to select a place for the special Board meeting, it shall be held at ACFPC's registered office. Section 13. Notice. Written notice, including the date, time, and place of the meeting, shall be provided to each Director at least five (5) calendar days in advance of any meeting. Notice shall not be provided more than sixty (60) calendar days in advance of any meeting. This notice shall be given personally, by mail, e-mail, telephone, or facsimile. The attendance at, or participation of a Director in, any meeting requiring written notice shall constitute a waiver of notice of such meeting, except where the Director attends or participates for the express purpose of objecting to the transaction of business because the meeting was not lawfully called or convened. Section 14. Quorum. At all meetings, fifty-one percent (51 %) or greater of active Directors shall constitute a quorum for the transaction of all authorized business. If fifty-one percent (51 %) or greater of active Directors are not present, no voting can occur; only an informal meeting may commence. Section 15. Voting. During Board meetings, votes shall be weighted pursuant to the cost - share model, and seventy-five percent (75%) of the cumulative weight of all the Members is required for passage of all items. Section 16. Proxies. Voting by proxy shall NOT be permitted. Section 17. Meeting Procedures. Robert's Rules of Order shall be the authority for all questions regarding Board meeting procedures. Section 18. Meeting Decorum. ACFPC shall follow best and lawful practices for conducting business at Board meetings. The Joint Powers Board shall exemplify, communicate, and enforce the expectation that meetings be conducted in an orderly and respectful manner. The Joint Powers Board reserves the right to excuse any Director, Officer, member, guest, member of the media, or audience participant exhibiting conduct that is disrespectful or disruptive to meeting proceedings. Per Robert's Rules of Order Newly Revised, the Chair has the sole responsibility to require order in a meeting. To that end, the Chair has the authority to call a 6 Exhibit A Director, Officer, or member to order, and exclude non-members. If necessary to maintain an orderly meeting, the Chair has the authority to remove a participant from the meeting. Section 19. Written Action. Any action required or permitted to be taken at a Board of Director's meeting may be taken by written action signed, or consented to by authenticated electronic communication, by the number of Directors that would be required to take the same action at a meeting of the Board at which all Directors were present. Article VI — Officers Section 1. Designation. Principal Officers of ACFPC shall be: Chair, Vice Chair, Treasurer, and Secretary. At the discretion of the Joint Powers Board, other Officers may be elected with duties that the Board shall prescribe. Section 2. Election of Officers. Officers shall also be Directors of ACFPC as well as fire service professionals, and must be elected at the annual meeting. Officers are elected by the Joint Powers Board. Unless sooner removed by the Board, Officers shall serve for a term of two (2) years, or until their successors are elected. A vacancy in any office may be filled by a majority vote of the Joint Powers Board for the unexpired portion of the term. The Joint Powers Board shall also have the authority to appoint such temporary acting Officers as may be necessary during the temporary absence or disability of the regular Officers. Section 3. Terms. All Officers shall serve a two (2) -year term. An Officer may serve an unlimited number of terms. Section 4. Resignation. An Officer may resign by giving written notice to ACFPC. The resignation is effective without acceptance when the notice is given to the Board, unless a later effective date is named in the notice. Section 5. Removal. Any Officer may be removed from his/her position for just cause by an affirmative vote of either the Fire Chief Directors or the Elected Official Directors. The matter of removal may be acted upon at any meeting of the Board, provided that notice of the intention to consider an Officer's removal has been given to each Member and to the Officer affected at least thirty (30) days in advance of the meeting. Section 6. Compensation. Officers of ACFPC may, but need not, receive reasonable compensation for their services, time, and efforts. The amount and frequency of payments shall be reasonable, determined from time to time by the Joint Powers Board in accordance with the Conflicts of Interest Policy, and be legally compliant with all state and federal employment, nonprofit, and other applicable laws. In addition, Officers may be reimbursed for necessary and reasonable actual expenses incurred in the performance of their duties. 7 Exhibit A Section 7. Chair. • The Chair shall be the principal Officer of ACFPC. • Subject to the direction and control of the Board, the Chair shall have general active management of the business of ACFPC. When present, the Chair shall preside at meetings of the Board and of Committees. • The Chair shall see that the orders and resolutions of the Board are carried into effect, and, along with one other Officer of ACFPC, shall sign and deliver in the name of ACFPC deeds, mortgages, bonds, contracts, or other instruments pertaining to the business of ACFPC, except in cases in which the authority to sign and deliver is required by law to be exercised by another person or is expressly delegated by the Joint Powers Agreement or by the Board to another Officer or the Executive Director(s). • The Chair may appoint all committees, standing and temporary. The Chair shall be a voting ex -officio member of all committees. • The Chair shall certify the proceedings of the Board, and shall cast the deciding vote when the Joint Powers Board is equally divided. • In general, the Chair shall discharge all duties incident to the Office of Chair and prescribed by the Board, and shall have such powers as may be reasonably construed as belonging to the Chief Executive of any organization. Section 8. Vice Chair. • The Vice Chair shall act in the absence or disability of the Chair. • The Vice Chair shall assist the Chair as requested. • The Vice Chair shall compile and maintain a book of policies and procedures in collaboration with the organization's legal counsel. • The Vice Chair shall perform other duties as prescribed by the Board or by the Chair. Section 9. Secretary. • The Secretary shall keep, or cause to be kept, all non-financial business records and paraphernalia of ACFPC. The Secretary shall be responsible for maintaining all books, correspondence, committee minutes, Membership lists, paraphernalia, and papers relating to the business of ACFPC, except those of the Treasurer. The records and paraphernalia shall be maintained at ACFPC's registered office. • The Secretary shall keep, or cause to be kept, true and accurate minutes of all meetings of the Joint Powers Board and of the Executive Committee. Said minutes shall be kept within the Anoka County Records Management System and a timely copy of all such minutes shall be provided to each ACFPC Member. • The Secretary shall give, or cause to be given, all notices of Joint Powers Board meetings and other notices required by law or these Bylaws. 8 Exhibit A • The Secretary shall file any document required by any statute, federal or state, in collaboration with the organization's legal counsel. • The Secretary shall maintain the office and purchase office supplies. • The Secretary shall perform other duties as prescribed by the Board or by the Chair. Section 10. Treasurer. • The Treasurer shall have care and custody of monies belonging to ACFPC and shall be responsible for such monies or securities of the organization. The Treasurer shall be responsible to keep accurate financial records for ACFPC. • The Treasurer shall be keep, or cause to be kept, all financial records belonging to ACFPC. The records shall be maintained at ACFPC's registered office. • The Treasurer shall deposit (or cause to deposit) money, drafts, and checks in the name of and to the credit of ACFPC in the banks and depositories designated by the Board; endorse for deposit notes, checks, and drafts received by the ACFPC as ordered by the Board; make proper vouchers for deposit; and disburse (or cause to disburse) ACFPC's funds and issue checks and drafts in the name of ACFPC, as ordered by the Board. • With the assistance of appropriate professionals: The Treasurer shall prepare a proposed annual budget as well as present the budget and a report of the financial condition of the ACFPC to the Joint Powers Board at the annual meeting, and will, from time to time, make such other financial reports to the Joint Powers Board as it may require. The Treasurer shall also prepare (or cause to prepare) the annual tax filing (if appropriate), annual audit (if appropriate), and other annual financial reports. • The Treasurer shall serve as the Finance Committee Chair. • The Treasurer shall perform other duties as prescribed by the Board or by the Chair. Section 11. Any Officer of ACFPC, in addition to the duties and powers conferred upon him or her by these Bylaws, shall have such additional duties and powers as may be prescribed from time to time by the Joint Powers Board. Articles VII — Committees Section 1. Authority. The Joint Powers Board may act by and through such committees as may be specified in resolutions adopted by a majority of the Joint Powers Board. Each committee shall have such duties and responsibilities as are granted to it from time to time by the Joint Powers Board, and shall at all times be subject to the control and direction of the Joint Powers Board. Committee members, other than the Committee Chair, need not be Directors. Examples of committees that may be formed by the Board are: 9 Exhibit A • Standard Operating Procedures Committees: o Radio/Dispatch o Background Checks o Technical Rescue Tactics o Fire Investigations o General SOP • Fire Intervention/Community Education Program • Firefighter Excellence • Technological Advancements • Legal and Governance Committee Section 2. Executive Committee. The Joint Powers Board, by resolution adopted by a majority of the Board, may establish an Executive Committee to consist of at least the Officers. The Chair of the Board will be the Chair of the Executive Committee. The designation of the Executive Committee and the delegation of authority granted to it shall not operate to relieve the Joint Powers Board of any responsibility imposed upon it, as it is subject to the direction and control of the full Board. However, the Executive Committee shall have all the powers and authority of the Joint Powers Board in the intervals between meetings of the Joint Powers Board, except for the power to amend the Joint Powers Agreement and Bylaws. Section 3. Finance Committee. The Joint Powers Board, by resolution adopted by a majority of the Board, may establish a Finance Committee. The Treasurer is the Chair of the Finance Committee, which includes three other Directors. The Finance Committee is responsible for developing and reviewing the fiscal procedures, funding plans, and the annual budget with staff and other Directors. The Board must approve the budget and all expenditures must be within budget. Any major change in the budget must be approved by the Joint Powers Board. Annual reports are required to be submitted to the Board showing actual income, pending income, actual expenditures, and pending expenditures. The financial records of the organization shall be made available to the Directors, Officers, and the public. Section 4. Meetings. Meetings of the individual committees may be held at such time and place as may be determined by a majority of the committee, by the Board Chair, or by the Joint Powers Board. Notice of meetings shall be given to the committee's members at least five (5) business days and no more than sixty business (60) days notice in advance of the meeting unless all members agree to a shorter notification. A majority of the committee's membership shall constitute a quorum. 10 Exhibit A Article VIII — Executive Director(s), Employees, & Independent Contractors Section 1. Designation. The Joint Powers Board may select and employ an Executive Director. The Executive Director may also serve as a Director and/or Officer if permitted by the Joint Powers Board; however, strict adherence to the Conflicts of Interest policy shall be necessary, the Executive Director shall only be compensated in his or her capacity as an employee, and the Executive Director shall not also serve as the Treasurer of ACFPC. Section 2. Duties. The Executive Director shall be responsible for providing professional advice and assistance to the Joint Powers Board; administer the work delegated to the staff; hire and release staff members; coordinate with the Treasurer in paying bills and creating deposits; and have such other powers to perform other duties as may be assigned by the Joint Powers Board. Section 3. Other Staff. At the discretion of the Joint Powers Board, the Executive Director may hire and discharge other employed staff as may be reasonable and necessary to support the organization. The employed staff shall report directly to and be accountable to the Executive Director or his or her designee. Section 4. Compensation. ACFPC may pay compensation to the Executive Director, employees, and other independent contractors for services rendered. The amount and frequency of payments shall be reasonable, determined from time to time by the Board, and be legally compliant with all state and federal employment, nonprofit, and other applicable laws. Section 5. Checks, Drafts, Petty Cash Fund. The Executive Director may be authorized to provide one of the signatures on checks, drafts, or other orders of payment for ACFPC. He or she may also be authorized to administer a Petty Cash Fund, the size of which will be designated by the Joint Powers Board. Article IX — Volunteers Section 1. Designation. The Joint Powers Board shall establish policies and procedures to recruit, train, and utilize volunteers in the operation of its activities and fulfillment of its purpose and mission. Section 2. Insurance Coverage for Volunteers. ACFPC may maintain a special accident policy to cover those individuals serving the organization in a volunteer capacity. 11 Exhibit A Article X — Management, Finances, & Miscellaneous Provisions Section 1. Calendar Year. The accounting year of ACFPC shall be the calendar year. The accounting year shall begin on the first day of January of each year and end on the last day of December of each year. Section 2. Books and Accounts. ACFPC shall maintain a savings and checking account at a reputable bank under the name "Anoka County Fire Protection Council." The Chair and Treasurer are authorized to act as signatories on all ACFPC bank accounts. In the event the Chairmanship is vacant or the Chair is incapacitated in some manner, the Vice Chair is authorized to temporarily act as a signatory in the Chair's place. In the event the Treasurer's position is vacant or the Treasurer is incapacitated in some manner, the Secretary is authorized to temporarily act as a signatory in the Treasurer's place. ACFPC's books and accounts (or an exact copy thereof) shall be kept at the registered office. Section 3. Budget. An operating budget for ACFPC will be adopted one (1) year in advance of the effective date of budget. Example: The proposed 2016 budget will be discussed at the regular October 2014 ACFPC meeting and adopted at the January meeting of 2015. The Board must approve the budget and all expenditures must be within budget. Any major change in ACFPC's budget must be approved by the Joint Powers Board. Section 4. Financial Responsibility of Members. Each participating Member shall pay an annual fee as well as its percentage share of ACFPC's annual expenses. A. Annual Fee: 1. The Joint Powers Board shall determine the annual fee and all other fees and/or assessments owed by Members, and these fees may be changed from time to time. The Joint Powers Board shall publish the annual fees on a regular basis to all Members and prospective Members. "Good standing" and continued voting privileges are contingent upon being current on payment of fees and/or assessments. Failure to pay a fee or assessment shall subject Members to loss of voting rights and/or termination unless special arrangements are made with the Board. 2. The period of time covered by the annual fee is from January 1 to December 31 of each year. i. At the regular October ACFPC meeting, a Notice of Dues will be distributed to each Member. The notice will include: Annual Dues and that Member's share of the ACFPC budget, based on the cost sharing model. ii. It shall be the responsibility of each ACFPC Member to remain in "good standing" by timely paying of their Notice of Dues and share of the ACFPC budget. A Member shall be in "good standing" when their annual fee and 12 Exhibit A share of the ACFPC budget has been fully paid to ACFPC by December 1st. A participating Member whose annual fee and share of the ACFPC budget has not been fully paid to ACFPC by December 1st shall not be in "good standing," and said Member shall forfeit their voting rights on all business items at ACFPC meetings until such time as its annual fee and share of the ACFPC budget has been fully paid. B. Percentage Share of ACFPC Expenses: A Member's percentage share of the annual expenses of the ACFPC shall be equal to the Member Index divided by the Aggregate Index as defined in the Joint Powers Agreement. Member percentage shares will be displayed on a cost -share model compiled annually based on available data. Section 5. Legal Instruments. All contracts, agreements, and other legal instruments executed by ACFPC shall be issued in the name of ACFPC, not the individual name of a Director or Officer. Legal instruments shall be signed by no less than two (2) Officers of ACFPC — the Chair (if able), and one other Officer. While Directors and Officers have authority to sign official documents on behalf of ACFPC, they may do so ONLY after proper consideration and approval by the Joint Powers Board. In the absence of approval by the Joint Powers Board, the individual Director or Officer is personally liable on the legal instrument. Section 6. Loans. No loans shall be contracted on behalf of ACFPC nor shall evidences of indebtedness be issued in its name unless specifically authorized by resolution of the Joint Powers Board. Such authority shall be confined to specific instances. Section 7. Examination by Directors, Members & Public. Every Director, Officer, Member of ACFPC, and the Public shall have a right to examine, in person or by agent or attorney, at any reasonable time, and at the registered office, all books and records of ACFPC and make extracts or copies therefrom. Section 8. Periodic Reviews. To ensure ACFPC operates in a manner consistent with its public purposes, files all required paperwork, and does not engage in activities that could jeopardize its image and status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects: A. Whether compensation arrangements and benefits are reasonable, based on competent survey information, and the result of arm's length bargaining; B. Whether partnerships, joint ventures, and arrangements with management organizations conform to ACFPC's written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further the Joint Powers Agreement's 13 Exhibit A purposes and do not result in impermissible private benefit or kickbacks; C. Whether ACFPC is properly filing paperwork with government entities. In addition to organizational compliance documents, ACFPC shall file all required employer reports to agencies such as the Minnesota Unemployment Insurance Fund, the Minnesota Dept. of Revenue, the Minnesota Attorney General's Office, the Minnesota Secretary of State, the Social Security Administration, and provide employee tax documents by the required deadlines. Section 9. Publication and Media. A. WEBSITE: ACFPC's official website shall be maintained monthly or as often as deemed necessary by the Joint Powers Board. The webmaster shall coordinate with the Joint Powers Board with regard to website content. ACFPC will be responsible for paying all costs associated with the domain name, hosting, SEO, and other related expenses related to maintaining ACFPC's official URL. B. NEWSPAPERS AND PRESS: ACFPC shall always portray the organization and its Directors, Officers, members, employees, independent contractors, and other agents in the most positive nature possible. When internal and/or external crises arise, public relations matters may require rapid advice from an attorney or PR professional. Section 10. Affiliations. ACFPC may maintain professional affiliations that benefit and strengthen the organization in its capacity to fulfill its mission. Section 11. procedures: Policies and Procedures. The Joint Powers Board shall establish policies and • To codify decisions made by the Board at regular meetings in one central location; • Regarding internal financial controls; • Regarding gifts and grants to other individuals/organizations; • Regarding employees and volunteers; • Regarding Emergency Response SOP; and • Regarding other topics that may become reasonable and necessary. Section 12. Amending the Joint Powers Agreement and Bylaws. ACFPC shall have the power to amend the Joint Powers Agreement and these Bylaws. Pursuant to the Joint Powers Agreement, amendments to the Joint Powers Agreement may be amended when the Members agree, by resolution of both the Fire Chief Directors and the Elected Official Directors. Notice of any proposed amendment shall be provided to all participating Members at least thirty (30) days prior to the effective date of the proposed amendment. Amending these Bylaws requires the same process. 14 Exhibit A Certification These Bylaws were approved by all Members as a part of the adoption of the Joint Powers Agreement Secretary Date 15 EXHIBIT B - 2015 COST -SHARE MODEL 21 EXHIBIT C - EQUIPMENT AND/OR PERSONAL PROPERTY CONTRIBUTED PRIOR TO THE EFFECTIVE DATE Purchase Category Description Date Cost FIP JFS Display cases FIP Projector for JFS FIP luggage cart for FIP 07/18/2000 $ 30.89 FIP File boxes for FIP 03/26/2001 $ 26.23 FIT Investigation Team equipment 09/08/2004 $ 2,500.00 Label Printer 11/04/2004 $ 2,153.31 FIT Investigations Trailer 06/15/2005 $ 3,041.18 FIT Investigations Trailer signs 07/19/2005 $ 290.00 FIT Investigation Team equipment 03/01/2006 $ 1,980.96 FIT Investigation Team equipment 03/06/2006 $ 1,203.24 FIT Investigation Team equipment 04/27/2006 $ 373.43 FIT Investigation Team equipment 06/01/2006 $ 663.24 FIT Investigation Team equipment 07/24/2006 $ 439.55 FIT Investigation Team equipment 07/24/2006 $ 47.20 FIT Investigation Team equipment 07/24/2006 $ 203.09 FIT Investigation Team equipment 01/29/2007 $ 150.00 22 CISD peer counseling laptop 05/16/2007 $ 1,592.18 FIT Scanner for Fit 02/14/2008 $ 262.85 FIT File Cabinet for FIT 02/21/2008 $ 215.24 FIT Flash & Camera Bag FIT 08/07/2008 $ 379.47 FIT Hard Hats FIT 09/16/2008 $ 91.44 FIT Small Tools FIT 11/13/2008 $ 37.07 FIT Folding Chairs FIT 11/13/2008 $ 96.09 FIP FIP file cabinet 06/16/2009 $ 168.12 FIT FIT Items 07/13/2009 $ 92.66 FIT FIT Items 07/13/2009 $ 90.07 FIT Half Mask & Filters 07/27/2009 $ 256.30 FIT FIT Tools 12/22/2009 $ 156.67 FIT ACFIT Camera 06/14/2010 $ 965.44 FIT Half Mask 11/04/2010 $ 330.00 FIP FIP computer software 10/24/2011 $ 1,437.19 FIT FIT - Flash Drive 02/06/2012 $ 32.12 23 EXHIBIT D - EQUIPMENT AND/OR PERSONAL PROPERTY CONTRIBUTED AFTER THE EFFECTIVE DATE 24 CITY COUNCIL AGENDA ITEM 4B STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: December 15, 2014 TOPIC: Approval of Resolution 14-154, Authorizing Participation in the Anoka County Fire Mutual Aid Agreement VOTE REQUIRED: 3/5 INTRODUCTION With the integration of fire operations into the Public Safety Department, all mutual aid agreements must be amended to list the City of Lino Lakes Public Safety Department — Fire Division. BACKGROUND The City of Lino Lakes has long a history of participating in fire mutual aid agreements through its membership in the Centennial Fire District. In order to participate in the Anoka County Fire Mutual Aid Agreement, the City of Lino Lakes must update the agreement to reflect the integration of fire operations into the Public Safety Department. RECOMMENDATION Staff recommends approval of Resolution 14-154, Authorizing Participation in the Anoka County Fire Mutual Aid Agreement. ATTACHMENTS Resolution 14-154 Anoka County Fire Mutual Aid Agreement CITY OF LINO LAKES RESOLUTION NO. 14-154 AUTHORIZING THE CITY OF LINO LAKES TO ENTER INTO A NEW MUTUAL AID AGREEMENT FOR THE USE OF FIRE PERSONNEL AND EQUIPMENT BETWEEN MUNICIPALITIES IN ANOKA COUNTY NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes: That the Lino Lakes Public Safety Department is authorized to enter into a new Mutual Aid agreement with other Anoka County fire organizations and the cities in Anoka County. Adopted by the Council of the City of Lino Lakes this 15th day of December, 2014. 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 MUTUAL AID AGREEMENT FOR THE USE OF FIRE DEPARTMENT PERSONNEL AND EQUIPMENT BETWEEN MUNICIPALITIES IN ANOKA COUNTY THIS AGREEMENT is made and entered into this day of , 2014, by and between the municipalities that have adopted a resolution as provided for in Section IX herein and have become signatories to this agreement or counterparts to this agreement. WHEREAS, the municipalities that have entered into this agreement desire to make available to each other its respective fire service equipment and personnel to assist other parties to this agreement when it has been determined that a municipality does not have sufficient personnel and/or equipment to control or extinguish a fire or to deal with an emergency situation. THEREFORE, it is mutually stipulated and agreed to as follows: I. PARTIES TO AGREEMENT Any municipality within Anoka County with a fire department or that contracts with a private fire department is eligible to be a party to this agreement by adopting a resolution as provided for in Section IX herein and becoming a signatory to this agreement. A municipality or private fire department that becomes a party to this agreement is hereinafter referred to as municipality or collectively municipalities. II. PURPOSE Subject to the terms and conditions contained herein, the municipalities have agreed to provide mutual aid to each other in cases where the designated official has determined that the municipality has insufficient personnel and/or equipment to control or extinguish a fire or fires or to deal with an emergency situation. III. DESIGNATED OFFICIAL Pursuant to Minn. Stat. 12.27, subd. 3, the undersigned municipality hereby designates its fire chief, or designee of the fire chief, as the officer who may dispatch equipment and personnel as considered necessary to deal with fire, hazard, casualty or other similar occurrence outside the municipality and by its suddenness would be impractical for the governing body itself to authorize the dispatch. IV. METHOD a. If in the judgment of the designated official the municipality has insufficient fire personnel and/or equipment to deal with a fire, hazard, casualty or other similar occurrence, an emergency shall exist for the purpose of this agreement, and the designated official may call upon the fire department of any party to this agreement for assistance. b. Upon receipt of a call for assistance, the responding designated officer shall promptly dispatch at least one fire service apparatus with the usual number of personnel to assist with the emergency or to render stand-by service as the case may be; provided however, that no municipality shall be obligated to send its fire service equipment or personnel beyond its boundaries if, in the judgment of the municipality's designated officer, to do so would leave the municipality without sufficient fire service equipment or personnel available within its limits for service of any fire which might subsequently arise. In extreme emergencies, the municipalities agree to make every effort to redistribute fire service equipment and personnel so that it may be available for any additional needs which might arise during the emergency. c. The personnel and any fire or service equipment dispatched in response to the emergency shall upon arrival at the scene be under command of the officer in charge at the scene within whose boundaries the emergency is situated. V. INSURANCE Each of the municipalities that are a party to this agreement shall maintain insurance policies covering their own equipment and personnel while engaged in furnishing services under this agreement. VI. PERSONNEL All personnel responding to an emergency under this agreement shall for all purposes remain and be considered employees of the municipality where they serve and shall not be considered employees of the municipality requesting emergency service. VII. LIABILITY No municipality, nor any officer or employee of such municipality, shall be liable to any other municipality or to any other person on account of the failure of the municipality to furnish its fire service equipment or personnel in response to an emergency. No liability shall be incurred by a municipality that has summoned assistance under this agreement for damage to, or destruction of fire service equipment of a municipality rendering such assistance unless such damage or destruction was caused by the negligent or malicious conduct of an officer or employee of the municipality that called for the emergency assistance. The receiving municipality may, but is not required to, reimburse the responding municipality for equipment and supplies used and compensation paid to personnel furnished during the time when the rendition of assistance prevents them from performing their duties in the responding municipality, and for the actual travel and maintenance expenses of the personnel while so engaged. A claim for loss, damage or expense in using equipment or supplies or for additional expenses incurred in operating or maintaining them must not be allowed unless, within 90 days after the loss, damage or expense is sustained or incurred, an itemized notice of it, verified by the designated official, is filed with the designated official of the receiving municipality. VIII. TERM This agreement shall commence upon the approval and execution of the agreement by two or more municipalities as provided herein. Any municipality may withdraw from this agreement by giving thirty days' written notice thereof to the other municipalities that are then a party to this agreement. This agreement shall continue until such time as there is only one municipality remaining to the agreement, or upon mutual agreement of all municipalities then being a party to this agreement. 2 IX. APPROVAL AND EXECUTION To become a party to this agreement a municipality shall adopt a resolution authorizing the municipality to respond to emergencies outside its limits, and have its governing body approve this agreement and the appropriate authorized officials from the municipality execute the agreement. X. 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. XI. COUNTERPARTS This agreement may be executed in counterparts by any municipality desiring to be obligated by the terms and conditions contained herein. IN WITNESS WHEREOF, the municipality has executed this agreement and set their hands on the date(s) written below: CITY OF Lino Lakes CITY OF Lino Lakes By: By: Its: _Mayor Its: _City Administrator Dated: Dated: CITY OF Lino Lakes CITY OF By: By: Its: _Public Safety Director / Fire Chief Its: Dated: Dated: -3 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: December 15, 2014 TOPIC: Consider Resolution No. 14-143, Approving Work Order No. 4 & Final Payment No. 8- Lake/Main & Birch/Ware Signal Project VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting council action to finalize the Lake/Main & Birch/Ware Intersection Signal improvement project. BACKGROUND The Lake/Main & Birch/Ware Intersection Signal improvement project original contact amount was $1,693,428.16. Project approved work orders in the amount of $34,167.31 (including WO 4) added for a total amount of $1,727,595.47. However, the total value completed to date on the project is $1,704,320.13. RECOMMENDATION Approve Resolution No. 14-143, Approving Work Order No. 4 & Final Payment No. 8 - Lake/Main & Birch/Ware Signal Project in the amount of $23,126.75 to Valley Paving, Inc. ATTACHMENTS Work Order No. 4 Pay Request No. 8 & Final CITY OF LINO LAKES RESOLUTION NO. 14-143 APPROVING WORK ORDER NO. 4 AND FINAL PAYMENT NO. 8 FOR THE LAKE & MAIN / BIRCH & WARE SIGNAL PROJECT WHEREAS, pursuant to resolution 12-95 of the Council adopted September 10, 2012, awarding the contract for the Lake/Main & Birch/Ware Intersection Signal Improvement project to Valley Paving, Inc. and subsequent work order approvals; WHEREAS, a complete summary of costs are detailed in Payment No. 8 (Final); NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that Work Order No. 4 and Payment Request No. 8 (Final) are approved for a final contract amount of $1,704,320.13. BE IT FURTHER RESOLVED Adopted by the Council of the City of Lino Lakes this 15th day of December, 2014. 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 WSB ,, ,=fscnc/a((.c, Ine. Owner: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014-1182 For Period: 11/27/2013 to 12/2/2014 Contractor: Valley Paving - Shakopee 8800 13th Ave. East Shakopee, MN 55379 Pay Voucher LINO - 2012 Signal Projects Client Contract No.: Project No.: 02029-38 Client Project No.: Date: 12/2/2014 Request No.: 8 & FINAL Project Summary 1 Original Contract Amount $1,693,428.16 2 Contract Changes - Addition $34,167.31 3 Contract Changes - Deduction $0.00 4 Revised Contract Amount $1,727,595.47 5 Value Completed to Date $1,704,320.13 6 Material on Hand $0.00 7 Amount Earned $1,704,320.13 8 Less Retainage $0.00 9 Subtotal $1,704,320.13 10 Less Amount Paid Previously $1,681,193.39 11 Liquidated Damages $0.00 12 AMOUNT DUE THIS PAY VOUCHER NO. 8 & FINAL $23,126.74 I HEREBY CERTIFY THAT A FINAL EXAMINATION HAS BEEN MADE OF THE ABOVE NOTED CONTRACT, THAT THE CONTRACT HAS BEEN COMPLETED, THAT THE ENTIRE AMOUNT OF WORK SHOWN IN THE FINAL VOUCHER HAS BEEN PERFORMED AND THE TOTAL VALUE OF THE WORK PERFORMED IN ACCORDANCE WITH, AND PURSUANT TO, THE TERMS OF THE CONTRACT IS AS SHOWN IN THIS FINAL VOUCHER. Recommended for Approval by: WSB & Associates, Inc. Approved by Contr. . Valley Pay' g ako • • e Construction Observer: Approved by Owner: City of Lino Lakes Specified Contract Completion Date: Date: Comment: Page 1 Project Material Status Item No. Item Description Units Unit Price Contract Quantity Quantity to Date Current Quantity Amount to Date Project 1 - Birch Street (CSAH 34) Ware Road 1 2021.501 MOBILIZATION LUMP SUM $30,000.00 1 1 0 $30,000.00 2 2101.501 CLEARING ACRE $5,553.00 0.35 0.35 0 $1,943.55 3 2101.502 CLEARING TREE $307.00 1 7 0 $2,149.00 4 2101.506 GRUBBING ACRE $2,276.00 0.35 0.35 0 $796.60 5 2101.507 GRUBBING TREE $102.00 1 7 0 $714.00 6 2104.501 REMOVE CONCRETE CURB AND GUTTER LIN FT $3.20 280 210 0 $672.00 7 2104.501 REMOVE BITUMINOUS CURB LIN FT $1.10 75 75 0 $82.50 8 2104.503 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ FT $0.50 2433 1893 0 $946.50 9 2104.505 REMOVE BITUMINOUS PAVEMENT SQ YD $3.20 2142 2650 0 $8,480.00 10 2104.505 REMOVE BITUMINOUS TRAIL SQ YD $3.20 838 934.7 0 $2,991.04 11 2104.509 REMOVE SIGN TYPE C EACH $46.00 7 8 0 $368.00 12 2104.513 SAWING BIT PAVEMENT (FULL DEPTH) LIN FT $1.60 5178 2874 0 $4,598.40 13 2104.523 SALVAGE MAIL BOX AND SUPPORT EACH $51.00 7 9 0 $459.00 14 2104.523 SALVAGE & REINSTALL IRRIGATION SYSTEM EACH $320.00 2 0 0 $0.00 15 2104.523 SALVAGE SIGN TYPE C EACH $46.00 3 3 0 $138.00 16 2104.525 ABANDON STRUCTURE EACH $1,637.00 1 1 0 $1,637.00 17 2105.501 COMMON EXCAVATION CU YD $8.60 1390 1390 0 $11,954.00 18 2105.511 COMMON CHANNEL EXCAVATION CU YD $8.60 1121 1121 0 $9,640.60 19 2105.525 TOPSOIL BORROW (LV) MOD CU YD $34.00 115 122 0 $4,148.00 20 2105.525 TOPSOIL BORROW (CV) CU YD $17.60 329 433 0 $7,620.80 21 2105.601 DEWATERING LUMP SUM $960.00 1 0 0 $0.00 22 2211.503 AGGREGATE BASE (CV) CLASS 5 CU YD $21.50 1012 997 0 $21,435.50 23 2221.503 AGGREGATE SHOULDERING (CV) CLASS 2 MOD CU YD $52.70 50 47.4 0 $2,497.98 24 2232.501 MILL BITUMINOUS SURFACE (2.(") SQ YD $0.77 7646 6975 0 $5,370.75 25 2360.501 TYPE SP 12.5 WEARING COURSE MIXTURE (4,E) TON $63.20 1205 1170.3 0 $73,962.96 26 2360.501 TYPE SP 12.5 WEARING COURSE MIXTURE (2,B) TON $65.00 67 74.52 0 $4,843.80 27 2360.502 TYPE SP 12.5 NON WEARING COURSE MIXTURE (4,B) TON $58.30 580 771.27 0 $44,965.04 28 2360.502 TYPE SP 12.5 NON WEARING COURSE MIXTURE (2,B) TON $60.00 89 128 0 $7,680.00 29 2501.515 24" RC PIPE APRON EACH $1,237.00 1 1 0 $1,237.00 30 2501.602 TRASH GUARD FOR 24" PIPE APRON EACH $389.00 1 1 0 $389.00 31 2502.541 4" PERF PE PIPE DRAIN LIN FT $7.20 100 400 0 $2,880.00 32 2502.602 4" PE PIPE DRAIN CLEANOUT EACH $307.00 1 1 0 $307.00 33 2503.541 15" RC PIPE SEWER DES 3006 CL II LIN FT $29.70 660 686.8 0 $20,397.96 34 2503.541 18" RC PIPE SEWER DES 3005 CL II LIN FT $33.70 414 371.2 0 $12,509.44 35 2503.541 24" RC PIPE SEWER DES 3006 CL II LIN FT $40.90 220 271.1 0 $11,087.99 36 2504.602 ADJUST GATE VALVE EACH $230.00 6 4 0 $920.00 37 2504.602 CONNECT TO EXISTING WATER MAIN EACH $1,739.00 1 1 0 $1,739.00 38 2504.602 HYDRANT EACH $2,925.00 2 2 0 $5,850.00 39 2504.602 6" GATE VALVE EACH $1,115.00 2 2 0 $2,230.00 40 2504.602 1" CORPORATION STOP EACH $153.00 4 4 0 $612.00 41 2504.602 1" CURB STOP & BOX EACH $240.00 4 4 0 $960.00 42 2504.603 1" TYPE K COPPER PIPE LIN FT $21.50 119 117 0 $2,515.50 43 2504.603 6" WATERMAIN DUCTILE IRON CL 52 LIN FT $29.70 13 15 0 $445.50 44 2504.603 8" WATERMAIN DUCTILE IRON CL 52 LIN FT $34.80 425 399 0 $13,885.20 45 2504.604 2" POLYSTYRENE INSULATION SQ YD $15.30 50 7.1 0 $108.63 46 2504.608 DUCTILE IRON FITTINGS POUND $5.00 288 281 0 $1,405.00 47 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN H LIN FT $215.00 19.3 19.1 0 $4,106.50 48 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 402 LIN FT $266.00 8 7.3 0 $1,941.80 49 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 LIN FT $266.00 21.7 21.7 0 $5,772.20 50 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60-4020 LIN FT $532.00 4.87 5 0 $2,660.00 Page 2 Item No. Item Description Units Unit Price Contract Quantity Quantity to Date Current Quantity Amount to Date 51 2506.602 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH $1,637.00 1 1 0 $1,637.00 52 2506.516 CASTING ASSEMBLY EACH $736.00 9 12 0 $8,832.00 53 2506.522 ADJUST FRAME & RING CASTING EACH $624.00 5 3 0 $1,872.00 54 2506.602 CONSTRUCT POND OVERFLOW EACH $1,601.00 1 1 0 $1,601.00 55 2511.501 RANDOM RIPRAP CLASS III CU YD $107.00 30 48.8 0 $5,221.60 56 2521.501 4" CONCRETE WALK SQ FT $4.30 2490 3202.85 0 $13,772.26 57 2521.501 4" CONCRETE WALK SPECIAL (COLORED CONCRETE) SQ FT $5.10 3449 1541 0 $7,859.10 58 2521.511 2" BITUMINOUS TRAIL SQ FT $0.92 7059 9867.9 0 $9,078.47 59 2531.507 6" CONCRETE DRIVEWAY PAVEMENT SQ YD $46.00 84 156.5 0 $7,199.00 60 2531.501 CONCRETE CURB & GUTTER DESIGN B418 LIN FT $10.90 3002 3138 0 $34,204.20 61 2531.501 CONCRETE CURB & GUTTER DESIGN B618 LIN FT $22.50 100 0 0 $0.00 62 2531.501 CONCRETE CURB & GUTTER DESIGN D412 LIN FT $11.80 470 470 0 $5,546.00 63 2531.618 TRUNCATED DOMES SQ FT $36.00 96 96 0 $3,456.00 64 2540.602 INSTALL MAIL BOX AND SUPPORT EACH $51.00 7 10 0 $510.00 65 2540.602 MAILBOX SUPPORT EACH $102.00 7 0 0 $0.00 66 2554.509 GUIDE POST TYPE 8 EACH $61.00 1 0 0 $0.00 67 2563.601 TRAFFIC CONTROL LUMP SUM $35,803.00 1 1 0 $35,803.00 68 2564.531 SIGN PANELS TYPE C SQ FT $35.80 60.5 60.5 0 $2,165.90 69 2564.537 INSTALL SIGN TYPE C EACH $87.00 3 3 0 $261.00 70 2564.602 INSTALL DELINEATOR EACH $77.00 4 4 0 $308.00 71 2565.511 TRAFFIC CONTROL SIGNAL SYSTEM B SIG SYS $170,829.00 1 1 0 $170,829.00 72 2565.601 EMERGENCY VEHICLE PREEMPTION SYSTEM B LUMP SUM $4,501.00 1 1 0 $4,501.00 73 2565.601 TRAFFIC CONTROL INTERCONNECTION LUMP SUM $15,344.00 1 1 0 $15,344.00 74 2573.530 STORM DRAIN INLET PROTECTION EACH $53.00 11 11 0 $583.00 75 2573.540 FILTER LOG TYPE COMPOST LOG LIN FT $1.53 2400 420 0 $642.60 76 2573.601 CULVERT END PROTECTION LUMP SUM $133.00 1 1 0 $133.00 77 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH $693.00 1 0 0 $0.00 78 2575.501 SEEDING ACRE $1,535.00 0.85 1.09 0 $1,673.15 79 2575.502 SEED MIXTURE 350 POUND $4.30 72 136 0 $584.80 80 2575.511 MULCH MATERIAL TYPE 3 TON $382.30 1.7 0 0 $0.00 81 2575.519 DISK ANCHORING ACRE $183.60 0.85 0 0 $0.00 82 2575.532 FERTILIZER TYPE 4 POUND $1.00 128 225 0 $225.00 83 2582.501 PAVT MSSG (RT ARROW) PREFORMED THERMOPLASTIC EACH $307.00 11 8 0 $2,456.00 84 2582.501 PAVT MSSG (LT ARROW) PREFORMED THERMOPLASTIC EACH $307.00 6 4 0 $1,228.00 85 2582.502 4" SOLID LINE WHITE-EPDXY LIN FT $0.39 6390 4983 0 $1,943.37 86 2582.502 4" SOLID LINE YELLOW-EPDXY LIN FT $0.39 1080 1085 0 $423.15 87 2582.502 4" DOUBLE SOLID LINE YELLOW-EPDXY LIN FT $0.78 3125 2527 0 $1,971.06 88 2582.502 24" SOLID LINE WHITE -PREFORMED THERMOPLASTIC LIN FT $21.30 125 131 0 $2,790.30 89 2582.502 24" SOLID LINE YELLOW -PREFORMED THERMOPLASTIC LIN FT $21.80 380 256 0 $5,580.80 90 2582.503 CROSSWALK MARKING- PREFORMED THERMOPLASTIC SQ FT $11.76 756 828 0 $9,737.28 Totals For Section Project 1 - Birch Street (CSAR 34) Ware Road: $704,026.78 Project 2 - Lake Drive (CSAH 23) Main Street (CSAH 14) 91 2021.501 MOBILIZATION LUMP SUM $53,000.00 1 1 0 $53,000.00 92 2101.502 CLEARING TREE $161.00 19 15 0 $2,415.00 93 2101.507 GRUBBING TREE $46.00 19 15 0 $690.00 94 2102.502 PAVEMENT MARKING REMOVAL - (STOP BAR) LIN FT $3.10 110 70 0 $217.00 95 2102.604 PAVEMENT MARKING REMOVAL - (CROSSWALK) SQ FT $3.10 180 180 0 $558.00 96 2104.501 REMOVE PIPE CULVERTS LIN FT $11.20 110 152 0 $1,702.40 97 2104.501 REMOVE SEWER PIPE (STORM) LIN FT $15.30 100 96 0 $1,468.80 98 2104.501 REMOVE CONCRETE CURB AND GUTTER LIN FT $2.13 1449 1370.5 0 $2,919.17 Page 3 Item No. Item Description Units Unit Price Contract Quantity Quantity to Date Current Quantity Amount to Date 99 2104.501 REMOVE BITUMINOUS CURB LIN FT $0.10 556 658.5 0 $65.85 100 2104.503 REMOVE CONCRETE MEDIAN SQ FT $0.70 1778 1778 0 $1,244.60 101 2104.503 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ FT $0.40 4770 8818 0 $3,527.20 102 2104.505 REMOVE CONCRETE WALK (PEDESTRIAN RAMP) SQ YD $9.60 135 135 0 $1,296.00 103 2104.505 REMOVE BITUMINOUS PAVEMENT SQ YD $0.58 2201 4143 0 $2,402.94 104 2104.509 REMOVE FLARED END SECTION EACH $614.00 2 2 0 $1,228.00 105 2104.509 REMOVE WOOD POLE W/ LIGHT FIXTURE & FLASHER EACH $320.00 2 4 0 $1,280.00 106 2104.509 REMOVE SIGN TYPE C EACH $46.00 22 22 0 $1,012.00 107 2104.509 REMOVE DRAINAGE STRUCTURE EACH $537.00 2 2 0 $1,074.00 108 2104.509 REMOVE PIPE APRON EACH $128.00 5 5 0 $640.00 109 2104.513 SAWING BIT PAVEMENT (FULL DEPTH) LIN FT $1.60 2453 3055 0 $4,888.00 110 2104.523 SALVAGE MAIL BOX AND SUPPORT EACH $51.00 11 0 0 $0.00 111 2104.523 SALVAGE SIGN TYPE C EACH $46.00 28 28 0 $1,288.00 112 2104.602 RELOCATE STREET LIGHT EACH $511.00 1 1 0 $511.00 113 2105.501 COMMON EXCAVATION CU YD $7.20 2329 2329 0 $16,768.80 114 2105.511 COMMON CHANNEL EXCAVATION CU YD $7.20 406 406 0 $2,923.20 115 2105.525 TOPSOIL BORROW (LV) MOD CU YD $34.10 90 90 0 $3,069.00 116 2105.525 TOPSOIL BORROW (CV) CU YD $17.60 591 340 0 $5,984.00 117 2105.601 DEWATERING LUMP SUM $960.00 1 0 0 $0.00 118 2211.503 AGGREGATE BASE (CV) CLASS 5 CU YD $21.60 1256 1256 0 $27,129.60 119 2221.503 AGGREGATE SHOULDERING (CV) CLASS 2 MOD CU YD $44.40 218 163.5 0 $7,259.40 120 2231.603 PAVEMENT CRACKING SQ YD $0.46 13865 11520 0 $5,299.20 121 2231.603 PAVEMENT SEATING SQ YD $0.27 13865 11520 0 $3,110.40 122 2232.501 MILL BITUMINOUS SURFACE (1.5) SQ YD $0.37 7400 7413 0 $2,742.81 123 2232.501 MILL BITUMINOUS SURFACE (2.0") SQ YD $0.49 14967 9386 0 $4,599.14 124 2232.501 MILL BITUMINOUS SURFACE (3.5') SQ YD $0.81 13865 11663 0 $9,447.03 125 2360.501 TYPE SP 12.5 WEARING COURSE MIXTURE (4,E) TON $59.70 4024 3539.98 0 $211,336.81 126 2360.502 TYPE SP 12.5 NON WEARING COURSE MIXTURE (4,B) TON $55.80 2895 3086.43 0 $172,222.79 127 2501.511 12" CS PIPE CULVERT LIN FT $23.50 96 123 0 $2,890.50 128 2501.515 12" GS PIPE APRON EACH $266.00 4 5 0 $1,330.00 129 2501.515 15" RC PIPE APRON EACH $1,442.00 2 2 0 $2,884.00 130 2501.602 TRASH GUARD FOR 12" GS APRON EACH $112.00 4 4 0 $448.00 131 2501.602 TRASH GUARD FOR 15" PIPE APRON EACH $205.00 2 2 0 $410.00 132 2502.541 4" PERF PE PIPE DRAIN LIN FT $7.00 100 70 0 $490.00 133 2502.602 4" PE PIPE DRAIN CLEANOUT EACH $307.00 1 0 0 $0.00 134 2503.541 12" RC PIPE SEWER DES 3006 CL II LIN FT $35.80 8 8 0 $286.40 135 2503.541 15" RC PIPE SEWER DES 3006 CL II LIN FT $37.80 140 215.2 0 $8,134.56 136 2504.602 RELOCATE HYDRANT EACH $3,733.00 1 1 0 $3,733.00 137 2504.602 ADJUST HYDRANT EACH $562.00 1 1 0 $562.00 138 2504.602 ADJUST GATE VALVE EACH $230.00 7 5 0 $1,150.00 139 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 LIN FT $358.00 8.3 8.8 0 $3,150.40 140 2506.516 CASTING ASSEMBLY EACH $649.00 2 2 0 $1,298.00 141 2506.522 ADJUST FRAME & RING CASTING EACH $624.00 15 4 0 $2,496.00 142 2506.602 CONSTRUCT POND OVERFLOW EACH $1,601.00 2 2 0 $3,202.00 143 2511.501 RANDOM RIPRAP CLASS III CU YD $107.40 66 64.5 0 $6,927.30 144 2521.501 4" CONCRETE WALK SQ FT $2.91 6754 6466.2 0 $18,816.64 145 2521.501 4" CONCRETE WALK SPECIAL (COLORED CONCRETE) SQ FT $6.65 1290 1168.3 0 $7,769.20 146 2531.507 6" CONCRETE DRIVEWAY PAVEMENT SQ YD $47.41 54 127.6 0 $6,049.52 147 2531.507 8" CONCRETE DRIVEWAY PAVEMENT SQ YD $58.05 170 92.6 0 $5,375.43 148 2531.501 CONCRETE CURB & GUTTER DESIGN 6418 LIN FT $12.53 934 1233.2 0 $15,452.00 Page 4 Item No. Item Description Units Unit Price Contract Quantity Quantity to Date Current Quantity Amount to Date 149 2531.501 CONCRETE CURB & GUTTER DESIGN B618 LIN FT $12.12 1228 764 0 $9,259.68 150 2531.618 TRUNCATED DOMES SQ FT $35.80 232 164 0 $5,871.20 151 2535.501 BITUMINOUS CURB LIN FT $5.30 260 360 0 $1,908.00 152 2540.602 WHEEL STOPS EACH $64.00 21 21 0 $1,344.00 153 2540.602 INSTALL MAIL BOX AND SUPPORT EACH $51.00 11 34 0 $1,734.00 154 2540.602 MAIL BOX SUPPORT EACH $102.00 11 34 0 $3,468.00 155 2554.509 GUIDE POST TYPE B EACH $61.00 6 6 0 $366.00 156 2563.601 TRAFFIC CONTROL LUMP SUM $27,619.00 1 1 0 $27,619.00 157 2564.531 SIGN PANELS TYPE C SQ FT $35.80 99 128 0 $4,582.40 158 2564.537 INSTALL SIGN TYPE C EACH $86.90 28 34 0 $2,954.60 159 2564.602 INSTALL DELINEATOR EACH $77.00 2 2 0 $154.00 160 2565.511 TRAFFIC CONTROL SIGNAL SYSTEM A SIG SYS $191,288.00 1 1 0 $191,288.00 161 2565.601 EMERGENCY VEHICLE PREEMPTION SYSTEMA LUMP SUM $4,194.00 1 1 0 $4,194.00 162 2565.616 REVISE SIGNAL SYSTEM SYSTEM $4,501.00 1 1 0 $4,501.00 163 2573.530 STORM DRAIN INLET PROTECTION EACH $53.00 5 5 0 $265.00 164 2573.540 FILTER LOG TYPE COMPOST LOG LIN FT $1.50 500 1253 0 $1,879.50 165 2573.502 SILT FENCE, TYPE MACHINE SLICED LIN FT $2.10 400 220 0 $462.00 166 2573.601 CULVERT END PROTECTION LUMP SUM $320.00 1 1 0 $320.00 167 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH $533.00 1 0 0 $0.00 168 2575.501 SEEDING ACRE $1,535.00 1.05 1.69 0 $2,594.15 169 2575.502 SEED MIXTURE 350 POUND $4.30 89 37 0 $159.10 170 2575.511 MULCH MATERIAL TYPE 3 TON $383.00 2.1 0 0 $0.00 171 2575.519 DISK ANCHORING ACRE $184.00 1.05 0 0 $0.00 172 2575.532 FERTILIZER TYPE 4 POUND $1.00 157.5 350 0 $350.00 173 2582.501 PAVT MSSG (RT ARROW) PREFORMED THERMOPLASTIC EACH $307.00 7 8 0 $2,456.00 174 2582.501 PAVT MSSG (LT ARROW) PREFORMED THERMOPLASTIC EACH $307.00 8 8 0 $2,456.00 175 2582.502 4" SOLID LINE WHITE-EPDXY LIN FT $0.39 15805 18776 0 $7,322.64 176 2582.502 4" SOLID LINE YELLOW-EPDXY LIN FT $0.39 2000 1489 0 $580.71 177 2582.502 4" BROKEN LINE YELLOW-EPDXY LIN FT $0.39 3420 610 0 $237.90 178 2582.502 4" DOUBLE SOLID LINE YELLOW-EPDXY LIN FT $0.78 7005 5496 0 $4,286.88 179 2582.502 24" SOLID LINE WHITE -PREFORMED THERMOPLASTIC LIN FT $21.33 186 193.1 0 $4,118.82 180 2582.502 24" SOLID LINE YELLOW -PREFORMED THERMOPLASTIC LIN FT $21.83 575 572.7 0 $12,502.04 181 2582.503 CROSSWALK MARKING- PREFORMED THERMOPLASTIC SQ FT $11.76 1062 1152 0 $13,547.52 Totals For Section Project 2 - Lake Drive (CSAH 23) Main Street (CSAH 14): $960,957.23 Backsheet 1 182 2573.571 RAPID STABILIZATION METHOD 3 M GALLONS $566.00 2 5 0 $2,830.00 183 94592 PRIME CONTRACTOR ALLOWANCE (10%) LUMP SUM $113.20 1 0 0 $0.00 Totals For Backsheet 1: $2,830.00 Backsheet 2 184 2573.571 RAPID STABILIZATION METHOD 3 M GALLONS $566.00 12 12 0 $6,792.00 185 94592 PRIME CONTRACTOR ALLOWANCE (10%) LUMP SUM $679.20 1 0 0 $0.00 Totals For Backsheet 2: $6,792.00 Work Order 1 186 2575.505 SODDING TYPE SALT RESISTANT SQ YD $3.03 3260 4667 0 $14,141.01 Totals For Work Order 1: $14,141.01 Work Order 2 187 2021.501 MOBILIZATION LUMP SUM $1,300.00 1 1 0 $1,300.00 188 2521.501 4" CONCRETE WALK SQ FT $6.00 335 335 0 $2,010.00 189 93862 10% PRIME CONTRACTOR MARKUP LUMP SUM $331.00 1 1 0 $331.00 190 2545.601 ELECTRICAL SERVICE LUMP SUM $6,014.68 1 1 0 $6,014.68 Page 5 Item No. Item Description Units Unit Price Contract Quantity Quantity to Date Current Quantity Amount to Date 191 93862 10% PRIME CONTRACTOR MARKUP LUMP SUM $601.47 1 1 0 $601.47 Totals For Work Order 2: $10,257.15 Work Order 3 192 2575.523 EROSION CONTROL BLANKETS CATEGORY 3 SQ YD $1.50 1326.8 1326.8 0 $1,990.20 193 93862 10% PRIME CONTRACTOR MARKUP LUMP SUM $199.02 1 1 0 $199.02 Totals For Work Order 3: $2,189.22 Work Order 4 194 2104.523 FORCE ACCOUNT LUMP SUM $3,126.74 1 1 1 $3,126.74 Totals For Work Order 4: $3,126.74 Project Totals: $1,704,320.13 Page 6 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: December 15, 2014 TOPIC: Consider Resolution No. 14-156, Approving Final Payment No. 5 - Otter Lake Road Extension Project VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting council action to finalize the Otter Lake Road Extension project. BACKGROUND The Otter Lake Road Extension project original contact amount was $326,366.20 and the final payment of amount is $325,163.31. RECOMMENDATION Approve Resolution No. 14-156, Approving Final Payment No. 5 - Otter Lake Road Extension Project in the amount of $2,500.00 to Arnt Construction, Inc. ATTACHMENTS Pay Request No. 5 & Final CITY OF LINO LAKES RESOLUTION NO. 14-156 APPROVING PAYMENT NO. 5 AND FINAL FOR THE OTTER LAKE ROAD EXTENSION PROJECT WHEREAS, pursuant to resolution 13-28 of the Council adopted March 11, 2013, awarding the contract for the Otter Lake Road Extension project to Arnt Construction, Inc.; WHEREAS, a complete summary of costs are detailed in Payment No. 5 (Final); NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that Payment Request No. 8 (Final) are approved for a final contract amount of $325,163.31. BE IT FURTHER RESOLVED Adopted by the Council of the City of Lino Lakes this 15 day of December, 2014. 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 WSB Associates,. ftic, Owner: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014-1182 For Period: 1/22/2014 to 8/21/2014 Contractor: Arnt Construction Company 2190 Phelps Road Hugo, MN 55038 Pay Voucher LINO Otter Lake Road Extension Client Contract No.: Project No.: 02029-19 Client Project No.: Date: 9/24/2014 Request No.: 5 & FINAL Project Summary 1 Original Contract Amount $326,366.20 2 Contract Changes - Addition $12,430.28 3 Contract Changes - Deduction $0.00 4 Revised Contract Amount $338,796.48 5 Value Completed to Date $325,163.31 6 Material on Hand $0.00 7 Amount Earned $325,163.31 8 Less Retainage $0.00 9 Subtotal $325,163.31 10 Less Amount Paid Previously $322,663.31 11 Liquidated Damages $0.00 12 AMOUNT DUE THIS PAY VOUCHER NO. 5 & FINAL $2,500.00 I HEREBY CERTIFY THAT A FINAL EXAMINATION HAS BEEN MADE OF THE ABOVE NOTED CONTRACT, THAT THE CONTRACT HAS BEEN COMPLETED, THAT THE ENTIRE AMOUNT OF WORK SHOWN IN THE FINAL VOUCHER HAS BEEN PERFORMED AND THE TOTAL VALUE OF THE WORK PERFORMED IN ACCORDANCE WITH, AND PURSUANT TO, THE TERMS OF THE CONTRACT IS AS SHOWN IN THIS FINAL VOUCHER. Recommended for Approval by: WSB & Associates, Inc. Approved by Contractor: Construction Observer: Approved by Owner: Arnt Construction Company City of Lino Lakes Specified Contract Completion Date: Date: 7/31/2013 Comment: Page 1 Project Material Status Item No. Item Description Units Unit Price Contract Quantity Quantity to Date Current Quantity Amount to Date SCHEDULE A - SURFACE IMPROVEMENTS 1 2021.501 MOBILIZATION LUMP SUM $5,400.00 1 1 0 $5,400.00 2 2101.502 CLEARING TREE $1.00 25 10 0 $10.00 3 2101.507 GRUBBING TREE $1.00 25 10 0 $10.00 4 2102.501 PAVEMENT MARKING REMOVAL SQ FT $2.06 560 810.3 0 $1,669.22 5 2102.502 PAVEMENT MARKING REMOVAL LIN FT $0.52 750 391 0 $203.32 6 2104.501 REMOVE CURB AND GUTTER LIN FT $2.00 50 22.6 0 $45.20 7 2104.503 REMOVE CONCRETE WALK SQ FT $1.00 200 224.5 0 $224.50 8 2104.505 REMOVE BITUMINOUS PAVEMENT SQ YD $2.00 160 66.2 0 $132.40 9 2104.509 REMOVE SIGN EACH $26.00 1 0 0 $0.00 10 2104.511 SAWING CONCRETE PAVEMENT (FULL DEPTH) LIN FT $5.00 10 0 0 $0.00 11 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LIN FT $5.00 155 186 0 $930.00 12 2104.523 SALVAGE TEMPORARY BARRICADES EACH $50.00 11 11 0 $550.00 13 2104.523 SALVAGE SIGN EACH $26.00 2 0 0 $0.00 14 2105.507 SUBGRADE EXCAVATION (EV) CU YD $5.90 250 0 0 $0.00 15 2105.522 SELECT GRANULAR BORROW (CV) CU YD $13.00 1720 1392.7 0 $18,105.10 16 2105.525 TOPSOIL BORROW (CV) CU YD $1.00 100 0 0 $0.00 17 2106.607 EXCAVATION - COMMON (P) CU YD $5.90 3225 3225 0 $19,027.50 18 2112.501 SUBGRADE PREPARATION ROAD STA $100.00 3.7 4 0 $400.00 19 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR $125.00 5 2.25 0 $281.25 20 2130.501 WATER M GALLONS $30.00 10 0 0 $0.00 21 2211.501 AGGREGATE BASE CLASS 5 TON $11.70 2020 2179.18 0 $25,496.41 22 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON $3.14 140 135 0 $423.90 23 2360.501 TYPE SP 12.5 WEARING COURSE MIXTURE (3,C) TON $71.00 820 830.18 0 $58,942.78 24 2521.501 6" CONCRETE WALK SQ FT $4.20 450 252 0 $1,058.40 25 2521.511 2.5" BITUMINOUS WALK SQ FT $1.74 2200 2024 0 $3,521.76 26 2531.501 CONCRETE CURB & GUTTER DESIGN B618 LIN FT $17.26 360 358 0 $6,179.08 27 2531.602 PEDESTRIAN CURB RAMP EACH $420.00 2 2 0 $840.00 28 2531.618 TRUNCATED DOMES SQ FT $36.00 100 56 0 $2,016.00 29 2535.501 BITUMINOUS CURB LIN FT $5.80 365 362 0 $2,099.60 30 2545.523 4" NON-METALLIC CONDUIT LIN FT $3.00 400 0 0 $0.00 31 2554.602 TEMPORARY BARRICADES EACH $150.00 9 8 0 $1,200.00 32 2563.601 TRAFFIC CONTROL LUMP SUM $2,500.00 1 1 0 $2,500.00 33 2564.531 SIGN PANELS TYPE C SQ FT $36.00 27 27 0 $972.00 34 2565.616 REVISE SIGNAL SYSTEM SYSTEM $30,170.00 1 1 0 $30,170.00 35 2573.502 SILT FENCE, TYPE PREASSEMBLED LIN FT $1.60 1000 987 0 $1,579.20 36 2573.530 STORM DRAIN INLET PROTECTION EACH $10.00 7 0 0 $0.00 37 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH $100.00 1 1 0 $100.00 38 2575.501 SEEDING ACRE $900.00 1.25 0.57 0 $513.00 39 2575.502 SEED MIXTURE 260 POUND $2.62 70 43 0 $112.66 40 2575.502 SEED MIXTURE 310 POUND $17.20 20 9.8 0 $168.56 41 2575.505 SODDING TYPE SALT RESISTANT SQ YD $4.90 240 0 0 $0.00 42 2575.511 MULCH MATERIAL TYPE 1 TON $550.00 2 1.14 0 $627.00 43 2575.523 EROSION CONTROL BLANKETS CATEGORY 3 SQ YD $1.40 1000 812.34 0 $1,137.28 44 2575.532 FERTILIZER TYPE 2 POUND $1.28 200 114.7 0 $146.82 45 2582.501 PAVEMENT MESSAGE (LEFT ARROW) POLY PREFORM EACH $256.00 2 4 0 $1,024.00 46 2582.501 PAVEMENT MESSAGE (RIGHT ARROW) POLY PREFORM EACH $256.00 4 3 0 $768.00 47 2582.501 PAVEMENT MESSAGE (RIGHT-THRU ARROW) POLY PREFORM EACH $512.00 3 3 0 $1,536.00 48 2582.502 4" SOLID LINE WHITE-EPDXY LIN FT $0.96 1000 1259 0 $1,208.64 49 2582.502 12" SOLID LINE WHITE-EPDXY LIN FT $8.06 50 94 0 $757.64 50 2582.502 4" DOUBLE SOLID LINE YELLOW-EPDXY LIN FT $1.90 240 240 0 $456.00 Page 2 Item No. Item Description Units Unit Price Contract Quantity Quantity to Date Current Quantity Amount to Date Totals For Section SCHEDULE A - SURFACE IMPROVEMENTS: $192,543.22 SCHEDULE B - SANITARY SEWER IMPROVEMENTS 51 2451.609 AGGREGATE FOUNDATION TON $26.00 50 0 0 $0.00 52 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH $11,250.00 1 1 0 $11,250.00 53 2503.603 8" PVC PIPE SEWER - SDR 26 LIN FT $42.00 390 390 0 $16,380.00 54 2503.603 TELEVISE SANITARY SEWER LIN FT $2.50 390 390 0 $975.00 55 2506.516 CASTING ASSEMBLY (MANHOLE) EACH $325.00 2 2 0 $650.00 56 2506.602 CHIMNEY SEAL EACH $145.00 2 2 0 $290.00 57 2506.603 CONSTRUCT 48" DIAMETER SANITARY SEWER MANHOLE LIN FT $177.00 43 41.66 0 $7,373.82 Totals Fo Section SCHEDULE B - SANITARY SEWER IMPROVEMENTS: $36,918.82 SCHEDULE C - WATER MAIN IMPROVEMENTS 58 2451.609 GRANULAR FOUNDATION AND/OR BEDDING TON $8.00 50 0 0 $0.00 59 2504.602 CONNECT TO EXISTING WATER MAIN EACH $2,800.00 1 1 0 $2,800.00 60 2504.602 HYDRANT EACH $3,000.00 1 1 0 $3,000.00 61 2504.602 16" BUTTERFLY VALVE AND BOX EACH $3,050.00 2 2 0 $6,100.00 62 2504.602 6" GATE VALVE AND BOX EACH $1,300.00 1 1 0 $1,300.00 63 2504.602 8" GATE VALVE AND BOX EACH $1,700.00 2 2 0 $3,400.00 64 2504.603 HYDRANT EXTENSION LIN FT $530.00 1 0 0 $0.00 65 2504.603 VALVE BOX EXTENSION LIN FT $100.00 1 0 0 $0.00 66 2504.603 16" WATER MAIN-DUCT IRON CL 52 LIN FT $70.00 370 371 0 $25,970.00 67 2504.603 6" WATERMAIN DUCTILE IRON CL 52 LIN FT $34.00 5 5 0 $170.00 68 2504.603 8" WATERMAIN DUCTILE IRON CL 52 LIN FT $37.00 120 120 0 $4,440.00 69 2504.604 4" POLYSTYRENE INSULATION SQ YD $20.00 25 0 0 $0.00 70 2504.608 DUCTILE IRON FITTINGS POUND $4.50 1500 1380 0 $6,210.00 Totals For Section SCHEDULE C - WATER MAIN IMPROVEMENTS: $53,390.00 SCHEDULE D - STORM SEWER IMPROVEMENTS 71 2105.511 COMMON CHANNEL EXCAVATION CU YD $5.90 25 0 0 $0.00 72 2105.607 POND EXCAVATION CU YD $5.90 850 850 0 $5,015.00 73 2501.515 18" RC PIPE APRON EACH $1,160.00 1 1 0 $1,160.00 74 2501.602 SKIMMER EACH $3,550.00 1 1 0 $3,550.00 75 2501.602 TRASH GUARD FOR 18" PIPE APRON EACH $250.00 1 1 0 $250.00 76 2502.541 4" PERF PE PIPE DRAIN LIN FT $1.00 100 60 0 $60.00 77 2503.541 15" RC PIPE SEWER DESIGN 3006 CLASS V LIN FT $25.50 360 359.5 0 $9,167.25 78 2503.541 18" RC PIPE SEWER DESIGN 3006 CLASS V LIN FT $28.00 40 47 0 $1,316.00 79 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 LIN FT $250.00 8.5 8.45 0 $2,112.50 80 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 1 EACH $1,480.00 3 3 0 $4,440.00 81 2506.516 CASTING ASSEMBLY (CATCH BASIN) EACH $560.00 2 2 0 $1,120.00 82 2511.501 RANDOM RIPRAP CLASS III CU YD $104.00 16 15.56 0 $1,618.24 83 2511.515 GEOTEXTILE FILTER TYPE IV SQ YD $3.00 35 24 0 $72.00 Totals For Section SCHEDULE D - STORM SEWER IMPROVEMENTS: $29,880.99 Change Order 1 84 2504.602 16" BUTTERFLY VALVE AND BOX EACH ($3,050.00) 2 2 0 ($6,100.00) 85 2504.602 16" GATE VALVE AND BOX EACH $8,440.00 2 2 0 $16,880.00 Totals For Change Order 1: $10,780.00 Work Order 1 86 96660 RE-ROUTING OF CONDUIT TO HAND HOLE LUMP SUM $667.00 1 1 0 $667.00 87 96661 SIGNAL CABINET WORK LUMP SUM $833.25 1 1 0 $833.25 88 93862 10% PRIME CONTRACTOR MARKUP LUMP SUM $150.03 1 1 0 $150.03 Totals For Work Order 1: $1,650.28 Project Totals: $325,163.31 Page 3 Project Payment Status Owner: City of Lino Lakes Client Project No.: Client Contract No.: Project No.: 02029-19 Contractor: Arnt Construction Company Contract Changes No. Type Date Description Amount CO1 Change Order 5/13/2013 Change the valve type to be installed on the City's proposed 16 -inch watermain from butterfly valve to gate valve and box. $10,780.00 WO1 Work Order 1/16/2014 Re-routing of conduit to hand hole and signal cabinet work. $1,650.28 Change Order Totals: $12,430.28 Payment Summary No. From Date To Date Payment Total Payment Retainage Per Payment Total Retainage Total Payment + Retainage Work Certified Per Payment Total Work Certified 1 5/1/2013 6/30/2013 $144,280.59 $144,280.59 $7,593.72 $7,593.72 $151,874.31 $151,874.31 $151,874.31 2 7/1/2013 7/31/2013 $43,425.52 $187,706.11 $2,285.55 $9,879.27 $197,585.38 $45,711.07 $197,585.38 3 8/1/2013 8/31/2013 $73,954.42 $261,660.53 $3,892.34 $13,771.61 $275,432.14 $77,846.76 $275,432.14 4 9/1/2013 1/21/2014 $61,002.78 $322,663.31 ($11,271.61) $2,500.00 $325,163.31 $49,731.17 $325,163.31 5 & FINAL 1/22/2014 8/21/2014 $2,500.00 $325,163.31 ($2,500.00) $0.00 $325,163.31 $0.00 $325,163.31 Payment Totals: $325,163.31 $0.00 $325,163.31 $325,163.31 Project Summary Material On Hand: Total Payment to Date: Total Retainage: Total Amount Earned: $0.00 $325,163.31 $0.00 $325,163.31 Original Contract: Contract Changes: Revised Contract: $326,366.20 $12,430.28 $338,796.48 Page 4