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HomeMy WebLinkAbout02-11-13 Council Packet EXPANDED AGENDA CITY COUNCIL AGENDA Monday , February 11 , 201 3 *********** City Council Meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16 ) City Council: Mayor Reinert , C ouncil Members O’Donnell , Roeser, Rafferty & Stoesz City Administrator: Jeff Karlson C ITY COUNCIL MEETING, 6:30 P.M.  Call to Order – 6:30 p.m.  Roll Call - Council Members Stoesz, O’Donnell, Roeser & Rafferty, and Mayor Reinert were present  Pledge of Allegiance  Open Mike / Public Comment Charlie Swanson, 1210 Buckthorn Lane, brought forw ard his concern about the problem of owners not picking up after their pets; Council will discuss animal regulations at a future work session  Setting the Agenda: Addition or deletion of agenda items The agenda was amended to remove Item 6A (to be discussed at a future meeting 1. CONSENT AGENDA A) Consideration of Expenditures: i) February 11, 2013 (Check No. 95101 through 95159) in the amount of $165,681.14; ii) Centennial Fire District (Check No. 5672 through 5681) in the amount of $77,918.11 ); B) Consider approval of January 28, 2013 Work Session Minutes C) Consider approval of January 28, 2013 Council Meeting Minutes D) Consider Resolution No. 13-17, Authorizing special event permit for a Snow Golf event at Trappers Bar & Grill on February 23-24, 2013 Acti on Taken: Motion by Rafferty, seconded by Stoesz , to approve the Co ns ent Agenda, Items 1A through 1D as presented, was adopted 2. FINANCE DEPARTMENT No report 3. ADMINISTRATION DEPARTMENT A) Consider Approval of 1 st Reading of Ordinance No. 06-12, Granting a Nonexclusive Gas Franchise to CenterPoint Energy, Jeff Karlson Action Taken: Motion by O’Donnell, seconded by Roeser, to approve the first reading of Ordinance No. 06-12, as presented, was adopted 4. P UBLIC SAFETY DEPARTMENT No report 5. PUBLIC SERVICES DEPARTMENT No report 6. COMMUNITY DEVELOPMENT DEPARTMENT A) Consider Resolution No. 13 -20, Authorizing Special Legislation for Transfer of Tax Forfeited Property, Legacy at Woods Edge, Mary Divine Removed from agenda B) Consider Resolution No. 13-21, Approving Joint Powers Agreement with Anoka County, I-35W Pedestrian Bridge, Michael Grochala Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Resolution No. 13-21, 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. Following adjournment of the regular meeting, the council will reconvene to a closed session to discuss labor negotiations Community Calendar – A Look Ahead February 11, 2013 through February 25, 2013 Wednesday, February 13 6:30 pm, Council Chambers Planning & Zoning Thursday, February 21 6:30 pm, Community Room Charter Commission Monday, February 25 5:30 pm, Community Room Council Work Session Monday, February 25 6:30 pm, Council Chambers City Council Meeting CENTENNIAL FIRE DISTRICTCheck Register - FIRE GLPage: 1 Check Issue Dates: 1/20/2013 - 2/1/2013Feb 01, 2013 03:39PM Report Criteria: Report type: Summary GLCheckCheckVendorDescriptionCheck PeriodIssue DateNumberNumberPayeeAmount 01/1301/22/20135672120450CITY OF LINO LAKESDEC REIMBURSEMENTS41,110.86M 02/1302/01/2013567360300FIRE SAFETY USA, INCAFG EQUIPMENT-GRANT30,137.14 02/1302/01/2013567470020 GASAWAY CONSULTING GROUSAF ETY PROGRAM TRAINING1,500.00 02/1302/01/2013567570578GRAING EREAR PLUGS1,531.28 02/1302/01/20135676110300KIRVIDA FIRE, INC2001 FREIGHTLINER MTC802.97 02/1302/01/20135677130440METRO FIRE, INCSCBA PARTS116.57 02/1302/01/20135678130827MN STATE COLLEGES & UNIVTRAINING SUPPLIES COURSE 777.73 02/1302/01/20135679160130PERFORMANCE PLUS LLCHEP VACCINES1,651.00 02/1302/01/20135680220200VERIZON WI RELESSCOMMUNICATIONS78.06 02/1302/01/20135681240200XTREME CUSTOM APPAREL &INSTRUCTOR SHIRTS212.50 Grand Totals:77,918.11 M = Manual Check, V = Void Check CITY COUNCIL WORK SESSION January 28, 2013 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : January 28, 2013 4 TIME STARTED : 5:30 p.m. 5 TIME ENDED : 6:30 p.m. 6 MEMBERS PRESENT : Council M ember Stoesz , O’Donnell, 7 Rafferty , Roeser and Mayor Reinert 8 MEMBERS ABSENT : None 9 10 11 Staff members present: City Administrator Jeff Karlson; City Engineer Jason Wedel; 12 Community Development Director Michael Grochala; City Planner Katie Larsen; Public 13 S afety Director John Swenson (arrived at 6:00 p.m.); City Clerk Julie Bartell 14 15 Review Regular Council Agenda of January 28, 2013 – The council reviewed and 16 discussed items on the regular council agenda as follows: 17 18 1F) Consider accepting for submittal of P ay Equity Implementation Report – 19 Administrator Karlson explained that the city’s report on pay equity is due to the State at 20 the end of the month. The results of the report prepared by Mr. Karlson indicate a small 21 level of non -compliance that will be rec tified according to discussions he has had with the 22 mayor. Coun cil Member O’Donnell commented on his concern that the city is required 23 to contract with the labor unions and still adhere to the pay equity standards and it seems 24 to create difficulties. The mayor suggested that when the council negotiates contracts in 25 the future, this report should be a part of the considerations. 26 27 At the regular meeting, the council will consider accepting the report for submittal to the 28 State. 29 30 1J) Lease Agreement with No rth Memorial Health Care – Council Member Stoesz 31 asked if the proposed agreement for space provided at the Fire Station for ambulance 32 services is a fair arrangement and Administrator Karlson indicated that it is. The mayor 33 added that a broader discussion about emergency services will be forthcoming in the 34 future. 35 36 6Ai) Re solution No. 13 -11, Petition and Waiver Agreement from CM Properties 14, 37 LLP relative to the Otter Lake Road Improvement Project – Community 38 Development Director Grochala explained the fi nancing proposed for the Otter Lake 39 Road improvement s , noting that this item provides for one of the property owners to sign 40 off on the assessments. He distributed a copy of the proposed petition and waiver 41 agreement. It includes some gap funding that wi ll be repaid to the property owner in the 42 form of a truck utility credit. 43 44 CITY COUNCIL WORK SESSION January 28, 2013 DRAFT 2 6Aii) Resolution No. 13 -06, Plans and Specification s and Advertise for Bids for the 45 Otter Lake Improvement Project – Community Development Director Grochala 46 explained that staff has completed the plan documents for a project starting in spring. 47 This project is at a point where it is time to move or not move ahead. There is a proposal 48 for a fast food restaurant already in place. Regarding the assessments, one property 49 owner ha s chosen not to sign on at this time. The cost framework was reviewed and he 50 noted a financing gap of about $80,000 past the assessments and extra funds from CSA. 51 That gap may need to be covered by Municipal State Aid (MSA). T he entire project cost 52 is M unicipal State Aid (MSA) eligible, however, since the city’s current MSA is totally 53 committed to the interchange projects for at least ten years , c osts charg ed to that would be 54 paid back when that is possible. There is one property owner from whom prope rty 55 s hould be acquired but who has not responded to a request for purchase. That is why 56 staff is looking at eminent domain, just in case an agreement on the property isn’t 57 reached. Council Member Roeser noted that it is clear to everyone that the road wi ll be 58 built and should be. Staff discussed the eminent domain process and the mayor 59 recogniz ed that it is a process that is necessary and a standard in a case like this. The 60 council discussed the possibility of a park and ride on one of the quadrants and Mr. 61 Grochala noted that the Metro Council may be looking at a petition and waiver on that 62 soon. In addition, Mr. Grochala noted that some sanitary sewer is being run into the area 63 to serve Main Stree t properties and more so it allows for so me additional property . He 64 summarized the following 6A items that also relate to the Otter Lake Road project. 65 Council Member O’Donnell asked if there is risk associated with the gap financing and 66 Mr. Grochala explained the scenario and what staff has done to make the fin ance plan as 67 solid as possible including a n up front assessment benefit test. 68 69 6Aiii) Resolution No. 13 -09, Acquisition of Right of Way; 70 6Aiv) Resolution No. 13 -10, Restriction of Parking; 71 6Av) Resolution No. 13 -08, Declaring Intent to Bond 72 73 6B) R esolution No. 13 -05, Pay Request 3F (Final) and Compensating Change Order 74 No. 2 for the Otter Lake Service Road Culvert Replacement – City Engineer Wedel 75 explained that this 2011 project is complete and this would be the final payment. There 76 were some cos ts under estimate and some additi onal work with associated costs; the 77 result is the amount of the change order. 78 79 6C) Resolution No. 13 -13, Plans and Specifications for the CSAH 14 Pedestrian 80 Bridge over I -35W – City Engineer Wedel reported that the resolu tion provides local 81 approval to a federally funded Anoka County project to construct a pedestrian/bicycle 82 bridge. The city has no financial obligation to the project. The bridge will tie into the 83 regional trail and possibly a future trail on the north. The city will have maintenance 84 (plowing) responsibility. 85 86 87 88 89 90 CITY COUNCIL WORK SESSION January 28, 2013 DRAFT 3 The meeting was adjourned at 6:25 p.m. 91 92 These minutes were considered, corrected and approved at the regular Council meeting held on 93 February 13, 2012. 94 95 96 97 98 Julianne Bartell, Ci ty Clerk Jeff Reinert , Mayor 99 100 COUNCIL MINUTES January 28, 201 3 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 4 DATE : January 28 , 2013 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 7:10 p.m. 7 MEMBERS PRESENT : Council M ember Stoesz , O’Donnell, Rafferty , 8 Roeser , and Mayor Reinert 9 MEMBERS ABSENT : 10 11 Staf f members present: City Administrator Jeff Karlson ; Community Development Director Mi chael 12 Grochala; City Planner Katie Larsen; Finance Director Al Rolek; City Engineer Jason Wedel; Chief 13 of Police John Swenson; and City Clerk Julie Bartell 14 15 PUBLIC COMMEN T 16 17 No one wa s present to address the council regarding a matter not on the agenda. 18 19 SPECIAL PRESENTATION 20 21 Jam Kreminski, Interim Board of Directors Chair for Centennial Area Education Foundation. 22 Mr. Kreminski explained that the foundation is a totally vo luntary association that supports the 23 education of Centennial students. They provide grants and scholarships. They have two major 24 fundraisers coming up – March 2, 2013 at Bunker Hills Golf Course beginning at 6:00 p.m. (silent 25 and live auction); and a wine tasting event in the fall at the Infinite Campus. He encourages people to 26 attend and support the foundation. The mayor responded that the city will assist in getting the word 27 out about the events. 28 29 SETTING THE AGENDA 30 31 The agenda was approved as pres ented. 32 33 CONSENT AGENDA 34 35 Council Member Roeser moved to a pprove the Consent Agenda, Items 1A through 1K . Council 36 Member O’Donnell seconded the motion. Motion carried on a unanimous voice vote. 37 38 ITEM ACTION 39 40 Consideration of Expenditures: 41 42 January 28, 2013 (Check No. 95009 – 43 95100 , $328.659/86 ) Approved 44 45 COUNCIL MINUTES January 28, 201 3 DRAFT 2 Centennial Fire District (Check No. 5651 - 46 5671 , $16,433.76 ) Approved 47 48 January 7 , 20 13 Council Work Session Minutes Approved 49 50 January 14, 2013 Council Meetin g Minutes Approved 51 52 Resolutio n No. 13 -07, Application for an Exempt Charitable 53 Gambling and Temporary On -Sale Liquor License for 54 the Lino Lakes Lions Club Approved 55 56 Resolution No. 13 -08, Issuance of 2013 Certificates 57 Of Indebtedness Approved 58 59 Acceptance for submittal of Pay E quity Implementation 60 Report Approved 61 62 Application for Exempt Permit from Lawful Gambling 63 License (Raffle) for Chair of Lakes Rotary Approved 64 65 Application of Aquinas Roman Catholic Home Education 66 Services to conduct an excluded bingo event on March 9 at 67 St. Joseph’s Church 68 69 Resolution No. 13 -15, Application for a Temporary On -Sale 70 Liquor License for the Chair of Lakes Rotary Club Approved 71 72 Lease Agreement with North Memorial Health Care Approved 73 74 January 7, 2013 Closed Council Session Minutes App roved 75 76 FINANCE DEPARTMENT REPORT 77 78 There was no report from the Finance Department. 79 80 ADMINISTRATION DEPARTMENT REPORT 81 82 3A) Resolution No. 13 -14, Off Sale Intoxicating Liquor and Tobacco License for Metro Wine & 83 Spirits , LLC – City Clerk Bartell reported t hat t he city has received an application for an off -sale 84 liquor and tobacco license for Metro Wine & Spirits , LLC . The applicants propose to open their store 85 at 6013 Hodgson Rd, a former liquor store location. The application process is complete, the rel ated 86 fees have been paid and insurance information has been provided to the City as required. She noted 87 that one applicant is present in the audience this evening in order respond to any questions . 88 89 COUNCIL MINUTES January 28, 201 3 DRAFT 3 In accordance with the Lino Lakes Code of Ordinances, t his application requires approval by the City 90 Council. The ordinance also requires that opportunity be given to any person wishing to be heard for 91 or against the granting of the license. 92 93 Council Member Rafferty moved to approve Resolution No. 13 -14 as presented. Council Member 94 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 95 96 3B) Resolution No. 13 -16, On -Sale Brewer Taproom and Off -Sale Growler Intoxicating Liquor 97 License for Hammerheart, LLC – City Clerk Bartell reported that t he city has received an 98 application for an on -sale taproom and off -sale growler license for Hammerheart brewery. This is a 99 new brewery facility that will open soon at 7785 Lake Drive. The application process is complete, the 100 related fees have been paid and insurance information has been provided to the City as required. 101 T his application requires approval by the City Council. The applicants a re present to answer any 102 questions. 103 104 Council Member Roeser moved to approve Resolution No. 13 -16 as presented. Council Member 105 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 106 107 PUBLIC SAFETY DEPARTMENT REPORT 108 109 There was no report from the Public Safety Department. 110 111 PUBLIC SERVICES DEPARTMENT REPORT 112 113 There was no report from the Public Servic es Department. 114 115 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 116 117 6A) Otter Lake Road Extension: Community Development Director Grochala reviewed the 118 following actions relating to the extension project. 119 120 i) Resolution No. 13 -11, Accepting a Waiver Agreement from CM Properties for 121 Assessments – One of t he abutting property owners is entering this agreement to waive certain 122 assessment procedures. The agreement also contains provisions for gap funding that will be refunded 123 to the property owner through trunk u tility credit. 124 125 Council Member O’Donnell moved to approve Resolution No. 13 -11 as presented. Council Member 126 Roeser seconded the motion. Motion carried on a unanimous voice vote. 127 128 ii) Resolution No. 13 -06, Plans and Specifications and Advertisement fo r Bids – City 129 Engineer Wedel reported on the approvals requested on plans, specification s and advertisement for 130 bids for the project. He reviewed the schedule that has brought the project this far. He showed the 131 project on a map, including planned utilit ies and storm water improvements. The total cost of the 132 project was reviewed and planned assessments indicated. There may be a funding gap that would be 133 filled with future MSA funding. If the council approves the plans, bids will be received and opened 134 COUNCIL MINUTES January 28, 201 3 DRAFT 4 in February, with contract approval in March. A portion of right -of -way acquisition may require the 135 use of eminent domain. Council Member Stoesz asked about the temporary pond and what safety 136 precautions will be taken as well as how the public will b e notified that it is temporary. Staff 137 e xplained that a fence around the pond is planned and a sign will be considered . 138 139 Council Member Roeser moved to approve Resolution No. 13 -06 as presented. Council Member 140 O’Donnell seconded the motion. Motion car ried on a unanimous voice vote. 141 142 iii) Resolution No. 13 -09, Acquisition of Right -of -Way – City Engineer Wedel explained 143 that the improvement was ordered in June 2012 and offers made for right of way after that time. One 144 property owner has concurred an d one property owner has not responded. To keep the project on 145 track and meet timeframes for the proposed development, it is now necessary for the city council to 146 authorize the use of eminent domain. An appraiser has provided valuation information and s taff is 147 now requesting that the city attorney proceed. Mayor Reinert explained where improvements are 148 proposed and suggested that nothing will happen in a very development ripe area without these 149 road/utility improvements. The people that own the land a re all businesspersons, want the 150 improvements and will benefit from the improvements. The city hopes to get the extension done and 151 he finds it to be appropriate. 152 153 Council Member O’Donnell moved to approve Resolution No. 13 -09 as presented. Council Member 154 Roeser seconded the motion. Motion carried on a unanimous voice vote. 155 156 iv) Resolution No. 13 -10, Restriction of Parking – City Engineer Wedel explained that 157 because there may be MSA funds included in the project, design plans must follow MSA 158 requiremen ts. This restriction of parking is a requirement. 159 160 Council Member Rafferty moved to approve Resolution No. 13 -10 as presented. Council Member 161 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 162 163 v) Resolution No. 13 -08, Declaring Intent to Bond - Community Development Director 164 Grochala explained that the project is planned to be financed through the issuance of general 165 obligation bonds. This non -binding resolution follows federal regulations to allow that bonding. 166 167 Council Member Roeser moved to approve Resolution No. 13 -08 as presented. Council Member 168 O’Donnell seconded the motion. Motion carried on a unanimous voice vote. 169 170 6B) Resolution No. 13 -05, Approving Pay Request 3F (Final) and Compensating Change Order 171 No. 2, for the Otter Lake Service Road Culvert Replacement – City Engineer Wedel reported that 172 this project to replace a deteriorated culvert was primarily completed in 2012. Staff is requesting a 173 final payment on the project that includes a change order. 174 175 Council Mem ber O’Donnell moved to approve Resolution No. 13 -05 as presented. Council Member 176 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 177 178 COUNCIL MINUTES January 28, 201 3 DRAFT 5 6C) Resolution No. 13 -13, Approving Plans and Specifications for the CSAH 14 Pedestrian 179 Bridge over I -35W – City Engineer Wedel reviewed the plans for a pedestrian/bike bridge and 180 funding that will be provided by the federal government and Anoka County. The city is being asked 181 to consent to the improvements; there is no financial commitment for the cit y. 182 183 Council Member Roeser moved to approve Resolution No. 13 -13 as presented. Council Member 184 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 185 186 UNFINISHED BUSINESS 187 188 There was no Unfinished Business. 189 190 NEW BUSINESS 191 192 There was no N ew Business. 193 194 COMMUNITY EVENTS 195 196 Sweetheart Party – Ages 8 years and under Friday, February 1, 6:30pm – 8:00pm., Centennial 197 Elementary School. DJ, Valentine craft, Valentine tattoo s, etc. Cost is $8 per child, one 198 accompanying adult free. Call the Lino La kes Parks and Recreation Department at 651 -982 -2440 for 199 further information. 200 201 COMMUNITY CALENDAR 202 203 Community Calendar – A Look Ahead 204 January 28 , 201 3 through February 11, 201 3 205 Monday , February 4 5:30 pm, Council Chambers Council Work Session 206 Monday, Feb ruary 4 6:30 p m, Community Room Park Board 207 Monda y, February 11 6:30 pm, Council Chambers City Council Meeting 208 209 ADJOURN 210 211 There being no further business, Council Member Rafferty moved to adjourn at 7:10 p.m. Council 212 Member Stoesz seconded the motion. Mo tion carried unanimously. 213 214 These minutes were considered and approved at the regular Council Meeting, February 11, 2013. 215 216 217 218 219 Julianne Bartell, City Clerk Jeff Reinert , Mayor 220 221 CITY COUNCIL AGENDA ITEM 1 D STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: February 11 , 201 3 TOPIC : Consider Resolution No. 1 3 -17 , Authorizing the issuance of a special event permit for an Snow Golf on the lake event at Trapper ’s Bar & Grill VOTE REQUIRED: 3/5 INTRODUCTION Jeffrey Moore, owner of Trapper’s Bar & Grill, 6810 Lake Drive, has scheduled a special event for Saturday and Sunday, February 23 and 24 , 201 3 . The event plans include a snow golf course on adjacent Rice Lake with beverages and a recreational fire on the back parking lot. This is the fourth year that Trapper’s has sponsored this event. BACKGROUND Mr. Moore has submitted to the City an application for a special event permit. The application has been reviewed by staff, including the police and fire departments, and the applicant has been provided with a list of safety conditions. The applicant has agreed to comply with the conditions and to address any other safety considerations that may arise. Background information on the applicant is on file at City Hall. RECOMMENDATION Approve Resolution No. 1 3 -17, Authorizing issuance of a special event permit to Trappers Bar & Grill. CITY OF LINO LAKES RESOLUTION NO. 1 3 -17 AUTHO RIZING A SPECIAL EVENT FOR AN OUTDOOR EVENT AT TRAPPERS BAR AND GRILL . WHEREAS , the owner of Trapper’s Bar & Grill , 6810 Lake Drive, has submitted an application for a special event permit ; and WHEREAS , the event is planned for February 2 3rd and 2 4 th , 201 3 , from 8:00 a.m. to 10:00 p.m. and includes snow golf on Rice Lake and a recreational fire in the lower asphalt parking lot; and WHEREAS , as part of the event, the applicant would like to allow consumption of alcoholic beverages in an area outside of but contiguous to their building; and WHEREAS , the applicant has indicated that they hold a State Caterer’s Permit that allows them to serve alcohol off their premises; and WHEREAS , the applicant has indicate d that all patrons or memb ers attending the event will receive a proper identification check to ensure no underage alcohol service will occur; and WHEREAS , the Ce ntennial Fire District Chief has approved the plans for a recreational fire with certain cond itions; and WHEREAS , the Police Department has approved the application and event plans with certain recommendations ; and WHEREAS , the applicant has obtained a Ice Use Permit from the Anoka County Sheriff allowing the event to occur on the lake; and WH EREAS , proof of general liability and liquor liability insurance has been submitted by th e applicant ; N OW , T HEREFORE , B E I T R ESOLVED by The City Council of The City of Lino Lakes hereby approves the request of Jeff Moore, owner of Trapper’s Bar and Grill , for a special event permit on Feb ruary 2 3 and 2 4 , 201 3 , wit h the conditions recommended by the Police and Fire Department . A dopted by the Council of the City of Lino Lakes this 1 1 th day of February, 201 3 . 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 Cler k 418476v3 JAE LN140 -80 CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 13 -20 RESOLUTION APPROVING EFFORTS TO SEEK SPECIAL LEGISLATION AUTHORIZING CONVEYANCE OF CERTAIN TAX -FORFEITED LAND FROM ANOKA COUNTY TO THE CITY OF LINO LAKES BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (the “City”) as follows: Section 1. Background . 1.01. In 2004, the City, the Lino Lakes Economic Development Authority and Hartford Development Inc. entered into a Contract for Private Development for the developm ent of the Legacy at Woods Edge development, which was proposed to include commercial development, rental housing, and owner -occupied housing (the “Legacy at Woods Edge Development”). 1.02. In support of the Legacy at Woods Edge Development, the City iss ued its Taxable General Obligation Improvement Bonds, Series 2005A (the “Series 2005A Bonds”) in the amount of $5,550,000, to finance the costs of various public improvements necessary for the development. Assessments against certain properties within the Legacy at Woods Edge Development were proposed to pay all of the principal of and interest on the Series 2005A Bonds. 1.03. In 2006, in furtherance of a cooperative program entered into under the Minnesota Statutes, Sections 471.15 to 471.191 (the “Recr eation Act”), the City and the YMCA of Greater St. Paul (“YMCA”) entered into an Amended and Restated Development Agreement (the “Development Agreement”) relating to the construction and operation of an approximately 45,000 square foot recreational facilit y in the City (the “Facility”) to be located on property within the Legacy at Woods Edge Development. Under the Development Agreement, the City agreed to contribute $2,350,000 toward construction of the Facility. The City subsequently issued its General Obligation Tax Abatement Bonds, Series 2006C (the “Series 2006C Bonds”), in the principal amount of $2,460,000, to finance the City’s contribution for the costs of constructing the Facility. Abatements of certain properties within and adjacent to the Lega cy at Woods Edge Development were proposed to pay the principal amount of and a portion of the interest on the Series 2006C Bonds. 1.04. In 2009, s ixteen parcels of property within the Legacy at Woods Edge Development (not including the YMCA property) we re foreclosed on by the Developer’s lenders . Of the foreclosed property , five of the parcels are located within the City’s Tax Increment Financing District No. 1 -11 (the “TIF District”) and ten of the parcels are subject to the abatement described in Sect ion 1.03 above. Tax increments from the TIF District are pledged to the payment of the City’s General Obligation Tax Increment Bonds, Series 2007A (the “Series 2007A Bonds”) issued in the amount of $4,215,000, to finance improvements to the I -35W/Lake Dri ve Interchange. 1.05. In 2010, f ollowing the foreclosure of the sixteen parcels of property within the Legacy at Woods Edge Development, the lenders determined that the outstanding special assessments and delinquent taxes on the sixteen parcels exceede d the market value of the properties. The lenders provided a deed in lieu of tax forfeiture to the State of Minnesota, and pursuant to Minnesota Statutes, Section 280.385, the sixteen parcels are treated as if they were tax forfeited. 418476v3 JAE LN140 -80 1.06. The City and EDA continue to market the pro perty within the Legacy at Woods Edge Development to private developers in order to get the properties back into the hands of private owners and to complete the redevelopment process originally commenced in 2004. Returning t hese properties to private ownership will result in special assessments being paid and property taxes being collected. In turn, the special assessments, abatements, and tax increments derived from the properties can be used by the City to pay debt service on the Series 2005A Bonds, the Series 2006C Bonds, and the Series 2007A Bonds. 1.07. Minnesota Statutes, Section 282.01, Subd. 1a allows the City to purchase tax -forfeited properties for fair market value. Purchasing the tax -forfeited properties within the Legacy at Woods Edge Development is not economically feasible for the City. The City has proposed to Anoka County that it take possession of certain tax -forfeited properties within the Legacy at Woods Edge Development without paying fair market value for the properties. 1.08. The City has therefore determined to seek special legislation in the 2013 legislative session that would allow Anoka County to convey to the City certain tax -forfeited properties within the Legacy at Woods Edge Development up on written request by the City without monetary consideration. 1.09. T he City is in the process of negotiating a l etter of i ntent with owners of the existing assisted living facility within the Legacy at Woods Edge Development, and with Anoka County, re garding an adjacent tax -forfeited parcel to be acquired by that entity for expansion of its facility; and that parcel will be excluded from the special legislation. 1.10. The City has determined that enactment of the special legislation described above is necessary to complete the City’s ongoing redevelopment of the Legacy at Woods Edge Development. Section 2. Approval of Special Legislation . 2.01. The City Council hereby approves efforts to obtain special legislation in the 2013 legislative session that would authorize Anoka County to convey all or a portion of the tax -forfeited properties in the Legacy at Woods Edge Development to the City for nominal consideration (excluding the parcel to be acquired for expansion of the assisted living facility). 2.02. City officials, staff and consultants are hereby authorized and directed to take any and all other steps necessary or convenient in order to obtain approval of the special legislation described in this resolution. Adopted by the City Council of the City of Lino Lakes, Minnesota, this 11th day of February, 2013. Jeff Reinert Mayor ATTEST: Julie Bartell City Clerk CITY COUNCIL AGENDA ITEM 6 B STAFF ORIGINATOR: Michael Grochala MEETING DATE: February 11, 2013 TOPIC: Consider Resolution No. 13 -21 Approving Joint Powers Agreement with Anoka County , I -35W Pedestrian and Bicycle Bridge VOTE REQUIRED: 3/5 INTRODU CTION Staff is requesting City Council approval of a Joint Powers Agreement with Anoka County for the construction of the I -35W Pedestrian and Bicycle Bridge. BACKGROUND Anoka County in cooperation with Lino Lakes is preparing to advertise for bids for the construction of a pedestrian and bicycle bridge along County State Aid Highway 14 (Main Street) at Interstate 35W . The project will include the extension of trail from Woodland Drive to Rondeau Lake Drive . Construction of the project will begin in su mmer of 2013 and be completed by fall . The Joint Powers Agreement (JPA) set s forth the responsibilities of the city and county as well as the cost sharing for the project. The total estimated construction cost of the project (excluding engineering and ri ght -of -way acquisition) is $1,095,384.50 . Approximately $264,000 in Federal funds are available for the project . Anoka County will be funding the balance of the project cost. The City has no financial share in the project. The City will be responsible for the maintenance of the trail including, sweeping, clearing, plowing, and trash removal as well as long term maintenance such as overlays, crack sealing and replacement. The maintenance of the bridge structure will be the responsibility of Anoka County . RECOMMENDATION Staff is recommending approval of the JPA with Anoka County. ATTACHMENTS 1. Resolution No.13 -21 2. Joint Powers Agreement CITY OF LINO LAKES RESOLUTION NO. 13 -21 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH COUNTY OF ANOKA I -35W P EDESTRIAN AND BICYCLE BRIDGE WHEREAS, the parties to this agreement agree it is in the best interest of the traveling public to construct a Pedestrian and Bicycle Bridge along County State Aid Highway 14 (Main Street) from Woodland Drive to Rondeau Lake D rive ; and, WHEREAS, said parties mutually agree that County State Aid Highway 14 from Woodland Drive to Rondeau Lake Drive is in need of a pedestrian and bicycle bridge; and, WHEREAS, the County has prepared preliminary design plans for the construction of a pedestrian and bicycle bridge along County State Aid Highway 14 from Woodland Drive to Rondeau Lake Drive in accordance with Anoka County and the Minnesota Department of Transportation standards to a staff approved layout condition; and, WHEREAS, A noka County has jurisdiction over County State Aid Highway 14 from Woodland Drive to Rondeau Lake Drive and, WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of power s common to each. NOW, THEREFORE BE IT RESOLVED by the City Council of The City of Lino Lakes, Minnesota: 1. that the City Council hereby approves the Joint Powers Agreement with the County of Anoka for construction of a Pedestrian and Bicycle Bridge along County State Aid High w ay 14 at I -35W and authorizes the Mayor and Ci ty Clerk to execute the JPA on behalf of the City. Adopted by the Council of the City of Lino Lakes this ____ day of _____, 20__. The motion for the adoption of the foregoing resoluti on 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 Rei nert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk 1 Anoka County Contract No. 2012 -0577 JOINT POWERS AGREEMENT FOR THE CONSTRUCTION OF A PEDESTRIAN AND BICYCLE BRIDGE ALONG COUNTY STATE AID HIGHWAY 1 4 (MAIN STREET) FROM WOODLAND DRIVE TO RONDEAU LAKE DRIVE IN THE CIT Y OF LINO LAKES, MN (SP 0 0 2 -6 14 -0 35 ) THIS AGREEMENT is made and entered into this ____ day of , 20 1 3 by and between the County of Anoka, a political subdivision of the State of Minnesota, 2 10 0 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as "County", and the City of Lino Lakes , 600 Town Center Pkwy , Lino Lakes , MN 55 014 , hereinafter referred to as "City". WITNESSETH WHEREAS, the parties to this agreement agree it is in the best interest of the traveling public to construct a Pedestrian and Bicycle Bridge along County State Aid Highway 14 (Main Street ) from Woodland Drive to Rondeau Lake Drive and, WHEREAS, said parties mutually agree that County State Aid Highway 14 from Woodland Drive to Rondeau Lake Drive is in need of a pedestrian and bicycle bridge ; and, WHEREAS, the County has prepared preliminary design plans for the construction of a pedestrian and bicycle bridge along County State Aid Highway 1 4 from Woodland Drive to Rondeau Lake Drive in accordance with Anoka County and the Minnesota Department of Transportation standards to a staff approved layout condition; and, WHEREAS, Anoka County has jurisdiction over County State Aid Highway 14 from Woodland Drive to Rondeau Lake Drive and, WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agree ments for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I. PURPOSE The parties have joined together for the purpose of constructing a pedestrian and bicycle trail along County State Aid Highway 14 from Woodland Drive to Rondeau Lake as described in the preliminary design plans . The project number for the reconstr uction is SP 0 02 -6 14 -035 . Said engineering plans are filed in the office of the Anoka County Highway Department and incorporated herei n by reference. The parties to this Joint Powers Agreement (JPA) agree in principle that construction of County State Aid Project No. 002 -6 14 -0 35 along CSAH 14 from Woodland Drive to Rondeau Lake Drive is in the best interest of the traveling public and t hat the Preliminary Layout as shown in Exhibit “A” defines the preliminary design of the Project. 2 It is agreed that the Exhibit “A” Layout dated January 25 , 2013 has been reviewed and accepted by the parties and is suitable for preparation of final constr uction documents. Any significant changes made hereafter to the design as presented in the Exhibit “A” Layout will require approval by the parties as an amendment to this JPA. These same changes will require a change in the cost share to include any addi tional design engineering costs that may occur. II. METHOD The County shall cause the construc tion of Anoka County Project SP 0 0 2 -6 14 -0 35 , in conformance with proposed engineering plans and specifications. IMPROVEMENTS It is agreed by the parties that in 201 3 a pedestrian and bicycle trail along CSAH 14 will be constructed . Improvements include but are not limited to: a pedestrian and bicycle bridge and bituminous trail. The costs of these improvements have been estimated for this agreement and will be finalized after bids have been received. These costs will be paid by the County . RIGHT OF WAY : No right -of -way is required for this project. Any City owned property or easements required for the construction will be conveye d to the County at no cost. BITUMINOUS TRAIL : The parties agree that the construction of the bituminous trail leading up to the pedestrian and bicycle bridge is eligible for federal funds and that the C ount y will be responsible for the local match . The parties understand that the cost for the trail includes: bituminous surfacing, aggregate base, excavation (including muck excavation), borrow material (granular and topsoil), and turf establishment. The parties agree that the County will p ay for the d esign of the trail , and any removal items, required to construct the trail. PERMITS: The parties agree that the County will secure all necessary permits for this Project. The City agrees to coordinate wi th the County in securing the permits required by the Rice Creek Watershed District, city permits, MnDOT permits as well as any other permits that may be required. III. COSTS The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good faith projections of the costs, which will b e incurred for this project. Actual costs will vary and those will be the costs for which the relevant parties will be responsible. 3 The estimated construction cost of the total project is $1,095,384.50 . F ederal funds available for the Project are capped at $263,813. The total estimated construction cost to the City is $0 . IV. TERM This Agreement shall continue until terminated as provided hereinafter. V. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to the State laws. VII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and shall be made upon request by either party. VIII. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30 ) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any pur chases of services or goods which occurred prior to such notice of termination. I X. MAINTENANCE A. Maintenance of the bituminous tr ails shall be the responsibility of the City. The City shall be responsible for general routine maintenance, such as, sweeping, clearing, plowing, trash removal and other incidental items and shall be responsible for long -term maintenance, such as bitumin ous overlays, crack sealing and replacement. B. Maintenance of the trail over the bridge shall be the responsibility of the City. The City shall be responsible for general routine maintenance, such as sweeping, clearing, plowing, trash removal and other incidental items. The County shall be responsible for the long -term maintenance of the bridge deck and structure. X. N OTICE For purposes of delivery of any notices herein, the notice shall be effective if delivered to the County Administrator of Anoka County, 2 1 00 Third Avenue, Anoka, Minnesota 55303 , on behalf of the County, and to the City Administrator of City of Lino Lakes , 600 Town Center Pkwy , Lino Lakes, MN 55014 , on behalf of the City. 4 X I . INDEMNIFICATION The City and County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting fro m the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. 5 XI I . 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 mat ter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA CITY OF LINO LAKES By: By: Rhonda Sivarajah , Chair Jeff Reinert Board of Commissioners Mayor Dated: Dated: ATTEST By: By: Jerry Soma Jeff K arlson County Administrator City Administrator Dated: Dated: RECOMMENDED FOR APPROVAL By: By:_________________________________ Douglas W. Fischer, P.E. Michael Grochala County Engineer Community Development Director Dated: Dated:_______________________________ APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: