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HomeMy WebLinkAbout02-25-2019 Council Packet EXPANDED AGENDA CITY COUNCIL AGENDA Monday, February 25, 2019 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Councilmembers Maher, Manthey, Rafferty and Stoesz City Administrator: Jeff Karlson COUNCIL WORK SESSION, 6:00 P.M. Community Room (not televised) 1. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M.  Roll Call - Council Members Rafferty, Stoesz, Manthey, Maher, 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 approved as presented 1. CONSENT AGENDA A) February 25, 2019 (Check No. 109749 through 109819) in the amount of $351,864.56. B) Consider approval of February 4, 2019 Work Session Minutes C) Consider approval of February 11, 2019 Council Meeting Minutes D) Consider approval of February 11, 2019 Special Session Minutes (board interviews) E) Consider approval of February 11, 2019 Closed Council Minutes F) Consider approval of Resolution 19-24, Peddler License for Randy Lust, Pro Star Tree Care Action Taken: Motion by Maher, seconded by Rafferty, to approve Consent Agenda Items 1A through 1F as presented, was adopted 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT No report Council Agenda -2- February 25, 2019 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider Mutual Aid Joint Powers Agreement JPA – State of Minnesota Department of Corrections – Lino Lakes, John Swenson Action Taken: Motion by Manthey, seconded by Stoesz, to approve execution of the Joint Powers Agreement as presented, was adopted B) Consider Contract for Services – Otter Lake Animal Care Center, John Swenson Action Taken: Motion by Maher, seconded by Manthey, to approve execution of the contract as presented, was adopted 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Textile Recycling/Simple Recycling Contract Renewal, Marty Asleson Action Taken: Motion by Maher, seconded by Rafferty, to approve Resolution No. 19-25 as presented, was adopted B) Consider Resolution No. 19-22 Accepting Quotes and Awarding Construction Contract, 2019 Surface Water Maintenance Project, Diane Hankee Action Taken: Motion by Manthey, seconded by Stoesz, to approve Resolution No. 19-22 as presented, was adopted C) Consider Resolution No. 19-21 Ordering the Project, Approving the Plans and Specifications, and Authorizing the Ad for Bid, 2019 Mill and Overlay Project, Diane Hankee Action Taken: Motion by Manthey, seconded by Stoesz, to approve Resolution No. 19-21 as presented, was adopted D) Consider Resolution No. 19-18 Approve License For Utility to Cross Agreement with Minnesota DNR, West Shadow Lake Area Improvement Project, Diane Hankee Action Taken: Motion by Manthey, seconded by Stoesz, to approve Resolution No. 19-18 as presented, was adopted E) Land Acquisition, NE Lino Lakes Drainage Area Improvements, Diane Hankee i. Consider motion to close meeting for Discussion of Offers for Land Acquisition Action Taken: Motion by Rafferty, seconded by Maher, to close the meeting for the purpose of discussing land acquisitions (75xx Peltier Drive and 7482 Peltier Drive), was adopted Council Agenda -3- February 25, 2019 ii. Consider Resolution No. 19-23, Authorize Land Acquisition, NE Lino Lakes Drainage Area Improvements Action Taken: Motion by Manthey, seconded by Stoesz, to approve Resolution No. 19-23 as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Meeting adjourned at 7:00 p.m. Community Calendar – A Look Ahead February 25, 2019 through March 11, 2019 Monday, March 4 6:00 pm, Community Room Council Work Session Monday, March 4 6:30 pm, Council Chambers Park Board Tuesday, March 5 6:00 pm, Community Room Jt Mtg w/P&Z (Comp Plan) Monday, March 11 6:00 pm, Community Room City Council Meeting CITY COUNCIL AGENDA Monday, February 25, 2019 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Councilmembers Maher, Manthey, Rafferty and Stoesz City Administrator: Jeff Karlson COUNCIL WORK SESSION, 6:00 P.M. Community Room (not televised) 1. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call  Pledge of Allegiance  Open Mike / Public Comment  Setting the Agenda: Addition or deletion of agenda items 1. CONSENT AGENDA A) February 25, 2019 (Check No. 109749 through 109819) in the amount of $351,864.56. B) Consider approval of February 4, 2019 Work Session Minutes C) Consider approval of February 11, 2019 Council Meeting Minutes D) Consider approval of February 11, 2019 Special Session Minutes (board interviews) E) Consider approval of February 11, 2019 Closed Council Minutes F) Consider approval of Resolution 19-24, Peddler License for Randy Lust, Pro Star Tree Care. 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT No report 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider Mutual Aid Joint Powers Agreement JPA – State of Minnesota Department of Corrections – Lino Lakes, John Swenson B) Consider Contract for Services – Otter Lake Animal Care Center, John Swenson Council Agenda -2- February 25, 2019 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Textile Recycling/Simple Recycling Contract Renewal, Marty Asleson B) Consider Resolution No. 19-22 Accepting Quotes and Awarding Construction Contract, 2019 Surface Water Maintenance Project, Diane Hankee C) Consider Resolution No. 19-21 Ordering the Project, Approving the Plans and Specifications, and Authorizing the Ad for Bid, 2019 Mill and Overlay Project, Diane Hankee D) Consider Resolution No. 19-18 Approve License For Utility to Cross Agreement with Minnesota DNR, West Shadow Lake Area Improvement Project, Diane Hankee E) Land Acquisition, NE Lino Lakes Drainage Area Improvements, Diane Hankee i. Consider motion to close meeting for Discussion of Offers for Land Acquisition ii. Consider Resolution No. 19-23, Authorize Land Acquisition, NE Lino Lakes Drainage Area Improvements 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar – A Look Ahead February 25, 2019 through March 11, 2019 Monday, March 4 6:00 pm, Community Room Council Work Session Monday, March 4 6:30 pm, Council Chambers Park Board Tuesday, March 5 6:00 pm, Community Room Jt Mtg w/P&Z (Comp Plan) Monday, March 11 6:00 pm, Community Room City Council Meeting CITY COUNCIL WORK SESSION February 4, 2019 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : February 4, 2019 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 8:50 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Maher, 7 Manthey, Stoesz and Mayor Reinert 8 MEMBERS ABSENT : None 9 10 Staff members present: City Administrator Jeff Karlson; Public Safety Director John 11 Swenson; Community Development Director Michael Grochala; Finance Director Sarah 12 Cotton; Public Services Director Rick DeGardner; City Engineer Diane Hankee; 13 Environmental Coordinator Marty Asleson. 14 1. Repair of Judicial Ditch 3 - Rice Creek Watershed District (RCWD) 15 Administrator Phil Belfiori and RCWD Engineer Chris Otterness explained the trunk 16 drainage system improvements that RCWD is planning to do in 2019 and 2020. The cost 17 of repairs to the public drainage system will be paid for through general property taxes 18 through the RCWD’s taxing authority. 19 20 The council will consider a resolution consenting to RCWD’s request to repair Judicial 21 Ditch 3 at their February 11th meeting, 22 2. 49 & J Redevelopment - Terry Heaton, Springsted, Inc., reviewed public 23 assistance financing options for the Lyngblomsten redevelopment project. Roughly $6-8 24 million of the project would be tax-exempt. Approximately $35 million would generate 25 tax increment or tax abatement. With either financing option, the preference would be 26 “pay as you go.” 27 3.Review Public Works Facility Concept Plans – Administrator Karlson reported 28 that Mr. Oertel of Oertel Architects was not able to attend so this item should be 29 postponed. 30 4.Recreation Complex Discussion – Public Services Director DeGardner reported 31 on the Recreation Complex Master Plan. The Plan was updated by adding two more 32 pickleball courts and a basketball court based on the Council’s feedback from the January 33 7th work session. The total estimated cost for Phase 1A is $592,232, which includes 34 contingency and design fees. The Council previously had designated $375,000 to fund 35 the first phase. Staff identified the following funding sources to fill the gap: (1) $137,000 36 from 2018 Parks and Trails Capital Projects Fund; and (2) $80,233 from dedicated parks 37 fund. 38 Mayor Reinert suggested placing the first phase on the ballet for consideration. 39 40 CITY COUNCIL WORK SESSION February 4, 2019 DRAFT 2 The Council will continue discussion of the project at their March work session. 41 5.Methods of Financing Public Facilities, Terri Heaton (Springsted, Inc.) - 42 Administrator Karlson reported that Mr. Oertel of Oertel Architects was not able to attend 43 so this item should be postponed. 44 6.PermitWorks/Laserfiche Integration Project – Finance Director Cotton 45 updated the council on plans for the project. Staff has been meeting with OPG-3 46 (consultant to the project) and is now ready to proceed with the online permitting solution 47 for PermitWorks, which was developed by OPG-3. The new software will allow people to 48 apply for permits online and make electronic credit card payments. The integrated 49 solution includes a performance dashboard and matrix tracker to monitor how long it 50 takes to issue permits and complete the inspection process. 51 The cost of the project is $22,200 plus additional licensing costs of around $5,000. 52 53 The council will consider approval of the Statement of Work at the 54 February 11th council meeting. 55 56 7.Emerald Ash Borer Update – Environmental Coordinator Asleson updated the 57 council how the City is addressing the Emerald Ash Borer problem. Staff has been 58 systemically selecting areas to treat, remove, and replace ash trees. Beginning in 2010, 59 staff has removed and replaced about one-half of boulevard trees and treated two-thirds of 60 the remaining trees. 61 62 The Council asked staff to provide regular communication as to where ash trees are going 63 to be removed. 64 65 8. Sale of Wetland Bank Credits – Community Development Director Grochala 66 provided a report on the wetland banking credits the City has available for sale. The 67 Council agreed that staff should sell wetland credits at market rates and reinvest funds to 68 acquire additional credits as project approvals are sought. 69 70 9. Council Updates on Boards/Commissions 71 10. Monthly Progress Report – Administrator Karlson reviewed his written progress72 report. 73 11. Comprehensive Plan Update/Schedule - The Council scheduled a joint meeting74 with the Planning and Zoning Board on Wednesday, February 20, 2019, at 6:00 p.m. 75 76 Review Regular Council Agenda of February 11, 2019 – The agenda was reviewed 77 and there were no changes. 78 CITY COUNCIL WORK SESSION February 4, 2019 DRAFT 3 79 The meeting was adjourned at 8:50 p.m. 80 81 These minutes were considered, corrected and approved at the regular Council meeting held on 82 February 25, 2019. 83 84 85 86 87 Julianne Bartell, City Clerk Jeff Reinert, Mayor 88 89 COUNCIL MINUTES February 11, 2019 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 4 DATE : February 11, 2018 5 TIME STARTED : 6:33 p.m. 6 TIME ENDED : 6:53 p.m. 7 MEMBERS PRESENT : Council Member Rafferty, Maher, 8 Manthey, Stoesz and Mayor Reinert 9 MEMBERS ABSENT : 10 11 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 12 Grochala; Human Resources Manager Karissa Bartholomew; City Engineer Diane Hankee; Director 13 of Public Safety John Swenson; and City Clerk Julie Bartell 14 15 PUBLIC COMMENT 16 17 No one was present to address the council regarding a matter not on the agenda. 18 19 SETTING THE AGENDA 20 21 The agenda was approved as presented. 22 23 CONSENT AGENDA 24 25 Council Member Manthey moved to approve the Consent Agenda, Items 1A through 1G, as 26 presented. Council Member Stoesz seconded the motion. Motion carried on a voice vote. 27 28 ITEM ACTION 29 30 Consideration of Expenditures: 31 32 February 11, 2019 (Check No. 109690 – 33 109748, $763,507.15) Approved 34 35 January 28, 2019 Council Work Session Minutes Approved 36 37 January 28, 2019 City Council Meeting Minutes Approved 38 39 January 28, 2019 Closed Session Minutes Approved 40 41 Consider approval of Trapper’s Bar & Grill Annual 42 Snow Golf Event Approved 43 44 Consider approval of Peddler License for Dean 45 COUNCIL MINUTES February 11, 2019 DRAFT 2 Ravenscroft, Edward Jones Approved 46 47 Consider approval of Statement Work for OPG3’s 48 Online Permitting Solution for Permit Works Approved 49 50 FINANCE DEPARTMENT REPORT 51 52 There was no report from the Finance Department. 53 54 ADMINISTRATION DEPARTMENT REPORT 55 3B) Consider Approval of Resolution No. 18-170, Approving Rice Creek Watershed 56 District’s Request to Conduct Proceedings for Anoka-Washington Judicial Ditch 3 – 57 Administrator Karlson noted that the Watershed District explained in detail this request regarding a 58 ditch project at the council’s last work session. He noted that Council Member Stoesz raised a couple 59 of questions. Regarding insurance that repairs will be done and no further acquisition required, Mr. 60 Karlson explained that there are state laws governing how the process is handled. 61 Council Member Stoesz asked about the cost of repairs and the possibility of assessment back to 62 property owners. Will the council have another vote when those costs are better defined? 63 Administrator Karlson said, from what he understands, the costs will be covered by the District’s tax 64 levy. Staff’s understanding is that there are no assessments involved. Also there will be public 65 hearings held for the community. 66 Mayor Reinert summarized that the taxing authority of the watershed district will cover costs, either 67 with existing funding or funds to be levied. Watershed districts keep the water flowing correctly; the 68 last time these ditches had attention was in excess of 100 years and that was for agriculture in the area 69 which has since changed in part to development. 70 Council Member Maher moved to approve Resolution No. 18-170, as presented. Council Member 71 Rafferty seconded the motion. Motion carried on a voice vote. 72 3A) Consider Appointment of Scanner Operator – Human Resources Manager Bartholomew 73 reviewed her written report outlining the process that has been used to identify a candidate to fill the 74 vacant Scanner Tech position. 75 Council Member Rafferty confirmed that the position has always been 24 hours or less. 76 Council Member Rafferty moved to approve the appointment of Sharon Fiebiger as recommended. 77 Council Member Maher seconded the motion. Motion carried on a voice vote. 78 79 PUBLIC SAFETY DEPARTMENT REPORT 80 81 There was no report from the Public Safety Department. 82 83 PUBLIC SERVICES DEPARTMENT REPORT 84 COUNCIL MINUTES February 11, 2019 DRAFT 3 85 There was no report from the Public Services Department. 86 87 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 88 89 6A) Main Street Shoppes 2nd Addition: 90 i. Consider Resolution No. 19-09, Approving Final Plan 91 92 ii. Consider Resolution No. 19-10, Approving Development Agreement 93 City Planner Larsen reviewed a PowerPoint presentation including information on the following: 94 - Background on land use application for commercial project; 95 - Location (Main Street Shoppes area); 96 - Change since the council saw the preliminary plat (addition of Outlot); 97 - Site Plan review (6 tenant spaces, drive through, trash enclosure, addition of sidewalk); 98 - Landscaping requirements are met; 99 - Finds of Fact (as included in resolution); 100 - Planning and Zoning Board approval. 101 102 The council is also being asked to consider a resolution approving the development agreement. 103 104 Bruce Miller, developer and owner, noted proposed tenants Dunkin Donuts (the only tenant signed at 105 this point). It’s a good location and he’s confident there will be additional tenants. 106 107 Council Member Rafferty moved to approve Resolution No. 19-09 as presented. Council Member 108 Stoesz seconded the motion. Motion carried on a voice vote. 109 110 Council Member Rafferty moved to approve Resolution No. 19-10 as presented. Council Member 111 Maher seconded the motion. Motion carried on a voice vote. 112 113 UNFINISHED BUSINESS 114 115 There was no Unfinished Business. 116 117 NEW BUSINESS 118 119 There was no New Business. 120 121 COMMUNITY EVENTS 122 123 Community Calendar – A Look Ahead 124 February 11, 2019 through February 25, 2019 125 Monday, February 18 CLOSED PRESIDENTS’ DAY 126 Wednesday, February 20 6:00 pm, Community Room, JT P&Z and City Council Meeting 127 Monday, February 25 6:00 pm, Community Room, Council Work Session 128 Monday, February 25 6:30 pm, Council Chambers, City Council Meeting 129 130 COUNCIL MINUTES February 11, 2019 DRAFT 4 131 COMMUNITY CALENDAR 132 133 MONTHLY RECYCLE DAY will be held at Lino Park (7850 Lake Drive) on Saturday, February 16 134 from 10:00 a.m. to 2:00 p.m. Please see the city website for updated pricing. 135 136 ADJOURN 137 138 There being no further business, Council Member Rafferty moved to adjourn at 6:53 p.m. Council 139 Member Manthey seconded the motion. Motion carried. 140 141 These minutes were considered and approved at the regular Council Meeting, February 25, 2019. 142 143 144 145 146 Julianne Bartell, City Clerk Jeff Reinert, Mayor 147 148 CITY COUNCIL SPECIAL WORK SESSION February 11, 2019 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : February 11, 2019 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 6:30 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Maher, 7 Manthey, Stoesz and Mayor Reinert 8 MEMBERS ABSENT : None 9 10 Staff members present: City Clerk Julie Bartell (part) 11 12 Interview Advisory Board Applicants – The council interviewed the following 13 applicants for the Planning and Zoning Board: 14 15 Michael Root; 16 Neil Evenson; 17 Furhath Arnod. 18 19 The meeting was adjourned at 6:30 p.m. 20 21 These minutes were considered, corrected and approved at the regular Council meeting held on 22 February 25, 2019. 23 24 25 26 27 Julianne Bartell, City Clerk Jeff Reinert, Mayor 28 29 CLOSED COUNCIL SESSION February 11, 2019 DRAFT 1 1 CITY OF LINO LAKES 2 MINUTES 3 CLOSED COUNCIL SESSION 4 5 DATE : February 11, 2019 6 TIME STARTED : 7:05 p.m. 7 TIME ENDED : 7:30 p.m. 8 MEMBERS PRESENT : Council Members Rafferty, Manthey, 9 Maher, Stoesz and Mayor Reinert 10 MEMBERS ABSENT : none 11 12 Staff present: Community Development Director Michael Grochala; City Engineer Diane 13 Hankee; City Administrator Jeff Karlson; City Clerk Julie Bartell (part) 14 15 Mayor Reinert called the meeting to order at 7:05 p.m. in the Council Work Room at Lino 16 Lakes City Hall. Before the meeting was closed, Mayor Reinert read a statement on the 17 purpose of the meeting. The meeting was closed as a session of the city council pursuant 18 to the Open Meeting Law for the purpose of discussing land acquisition related to the 19 following projects: 20 1. CRJ/Hodgson Trunk Utility Improvements 21 2. NE Drainage Area (Peliter Outlet) Improvements 22 3. Lake Drive/Marketplace dwelling acquisition 23 24 The meeting was recorded and the recording will be maintained as required in the Office 25 of the City Clerk. 26 27 The meeting was adjourned at 7:30 p.m. 28 29 These minutes were considered, corrected and approved at the regular Council meeting held on 30 February 25, 2019. 31 32 33 34 35 Julianne Bartell, City Clerk Jeff Reinert, Mayor 36 37 CITY COUNCIL AGENDA ITEM 1F STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk MEETING DATE: February 25, 2019 TOPIC: Resolution No. 19-24, Approving a Peddler License for Pro Star Tree Care VOTE REQUIRED: 3/5 BACKGROUND Pro Star Tree Care, 32512 173rd Street, Pierz, Minnesota has submitted a peddler’s license application to the City Clerk's office. The company representative who would be working in Lino Lakes, Mr. Randy Lust, plans to travel through the Lino Lakes’ neighborhoods going door to door handing out flyers and promoting tree services. The City has received all the necessary forms required to issue this company a license and indicates no reason to deny the application. The application and all other required information is on file in the City Clerk's office for review. RECOMMENDATION Approve Resolution No. 19-24, approving the issuance of a Peddler License for a six month period. CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 19-24 APPROVING A PEDDLER LICENSE FOR PRO STAR TREE CARE WHEREAS, Pro Star Tree Care has submitted a peddlers license application to the city clerk's office; and WHEREAS, Pro Star Tree Care has complied with all of the provisions of Chapter 613 of the Lino Lakes City Code for obtaining the necessary license for a for-profit business; and WHEREAS, a background check on the company representative Randy Lust has been completed by the Public Safety Department; NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the request of Mr. Randy Lust, owner of Pro Star Tree Care to sell services door to door for a period of six-months. Adopted by the Council of the City of Lino Lakes this 25th day of February, 2019 The motion for the adoption of the foregoing resolution was introduced by Council Member _____________ and was duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _____________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: February 25, 2019 TOPIC: Mutual Aid Joint Powers Agreement (JPA) – State of Minnesota Department of Corrections – Lino Lakes VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Public Safety Department (LLPSD) is requesting council approval to enter into JPA to provide emergency assistance to and receive assistance from MN DOC Facility – Lino Lakes. BACKGROUND This JPA would allow resources to be requested for emergency response within Lino Lakes as well as within the Department of Corrections facility in Lino Lakes. The full JPA is attached for Council review and consideration. If approved this JPA would take effect on April 1, 2019. RECOMMENDATION Staff recommends approval of the Mutual Aid Joint Powers Agreement with the MN DOC Facility – Lino Lakes. ATTACHMENTS Joint Powers Agreement between the City of Lino Lakes and State of Minnesota Department of Corrections – Lino Lakes. CFMS Contract No. __________ Joint Powers Agreement (Rev. 6/03) 1 STATE OF MINNESOTA MUTUAL AID JOINT POWERS AGREEMENT This agreement is between the State of Minnesota, acting through its commissioner of corrections, Minnesota Department of Corrections, Minnesota Correctional Facility – Lino Lakes (“THE STATE”) , 7525 4th Avenue, Lino Lakes, MN 55014 ("State") and City of Lino Lakes, 640 Town Center Parkway, Lino Lakes, MN 55014 ("Governmental Unit"). Recitals Under Minn. Stat. § 471.59, subd. 10, the State is empowered to engage such assistance as deemed necessary. Whereas, the City of Lino Lakes employs full time law enforcement officers for the purpose of maintaining law and order within its jurisdiction and affording police protection to their citizens: and Whereas, THE STATE employs full time corrections professionals; and Whereas both parties are desirous of having their respective officers and professionals extend their services beyond their respective jurisdictions for the purpose of providing assistance in emergency situations to enforce the statutes and ordinances enacted by the State of Minnesota. Agreement 1 Term of Agreement 1.1 Effective date: April 1, 2019, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: March 31, 2024, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 Agreement between the Parties 2.1 If a disaster or emergency occurs within the service area of either party, and the equipment or personnel of that party is inadequate to address the situation in a timely manner, an emergency shall exist for the purposes of this Agreement. 2.2 In the event of an emergency, the authorized representative of the party needing the assistance may call upon the authorized representative of the other party for such assistance. The responding party will make every effort to provide equipment and personnel requested, but such response will be at the discretion of the responding party. Any responding peace officer acting pursuant this Agreement has the full and complete authority of a peace officer as though appointed by the requesting authority. 2.3 This Agreement is expressly intended to authorize the request for assistance only in emergency situations and nothing herein shall be construed as authorizing requests for assistance for patrols and other routine activities. 2.4 THE STATE assistance, other than equipment, will not extend into operations such as crowd control for general public safety projects or for the enforcement of laws associated with scheduled public events. 2.5 THE STATE personnel may not use weapons, ammunition, or chemical agents in providing assistance unless specifically approved by the state authorized representative. State personnel use of force must not go beyond that specified by statute and Minnesota Department of Corrections policy and directive. 2.6 THE STATE may provide, if resources are available: a. Logistical support by providing emergency supplies such as blankets, clothing, food and similar items when necessary to protect the safety and health of others. Equipment such as vehicles, machinery and generators may be provided, but must ordinarily by operated by THE STATE staff, or by C ity staff only until the emergency situation is controlled, and the public is no longer endangered. CFMS Contract No. __________ Joint Powers Agreement (Rev. 6/03) 2 b. Assistance with searches for missing persons. THE STATE may not assist in searches for felony offenders who have escaped from City or County custody. c. Medical support including medical equipment and supplies. d. Hostage negotiations – the State may provide equipment and trained hostage negotiators, but their activities are ordinarily to be limited to background consultations, rather than direct negotiations with prisoners or citizens. Approval to provide this service must be made through the THE STATE authorized representative. e. Canine unit assistance pursuant to MN DOC Policy 301.120, “Canine Units” which is attached and incorporated into this agreement. f. Special Operations Response Teams as outlined in MN DOC Policy 300.036, “Emergency Assistance Non-State Systems”, which is attached and incorporated into this agreement. 3 Payment 3.1 Services provided during the initial 24 hours of an emergency shall be provided without charge to the requesting party. 3.2 If it is anticipated that services will be necessary beyond 24 hours, the Governmental Unit and the State will execute an amendment to this agreement documenting actual cost of services and encumbering necessary funds. 4 Authorized Representatives The State's Authorized Representative is Vicki Janssen, Warden, 7525 4th Avenue, Lino Lakes, MN 55014, (651) 717- 6101, or his/her successor. The Governmental Unit’s Authorized Representative is John Swenson, Public Safety Director, 640 Town Center Parkway, Lino Lakes, MN 55014, (651) 982-2301. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 Liability The Governmental Unit will indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this agreement by the Governmental Unit or the Governmental Unit's agents or employees. This clause will not be construed to bar any legal remedies the Governmental Unit may have for the State's failure to fulfill its obligations under this agreement. 7 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit’s books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. 8 Government Data Practices The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, CFMS Contract No. __________ Joint Powers Agreement (Rev. 6/03) 3 received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the State. If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. 9 Venue Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10 Termination 10.1 Termination. The State or the Governmental Unit may terminate this agreement at any time, with or without cause, upon 30 days’ written notice to the other party. 10.2 Termination for Insufficient Funding. The State may immediately terminate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Governmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Governmental Unit will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable time of the State’s receiving that notice. CFMS Contract No. __________ Joint Powers Agreement (Rev. 6/03) 4 1. GOVERNMENTAL UNIT The Governmental Unit certifies that the appropriate person(s) have executed the Agreement on behalf of the Governmental Unit as required by applicable articles, bylaws, resolutions, or ordinances. By Title Date By Title Date 2. STATE AGENCY With delegated authority By Title Date 3. COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Date Distribution DOC Financial Services Unit – Original (fully executed) Agreement City of Lino Lakes State’s Authorized Representative Budget Officer of Authorized Representative Department of Administration – Materials Management Division CITY COUNCIL AGENDA ITEM 4B STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: February 25, 2019 TOPIC: Otter Lake Animal Care Center – Contract for Services VOTE REQUIRED: 3/5 INTRODUCTION As part of the animal control services provided to the residents of the City of Lino Lakes, the City has contracted with the Otter Lake Animal Care Center (OLACC) for the past 23 years. Our relationship during this time with OLACC has been very professional and meets the needs of the citizens as well as the City by utilizing the provisions of this contract. BACKGROUND As outlined in the contract for services, the Otter Lake Animal Care Center agrees to provide the following services: 1. Shelter for animals on a 24 hour basis. 2. Animal examinations and veterinary care as required whenever staff is available. 3. Boarding for up to seven (7) days. 4. Euthanasia and disposal of animals if required. 5. Assisting in handling animal abuse/neglect cases in cooperation with Municipal Officials when necessary. 6. Vaccinate all boarders with Bordetella upon arrival at the facility. There is a complete breakdown of all fees in the attached contract. RECOMMENDATION Staff recommends approval of the contract renewal with Otter Lake Animal Care Center ATTACHMENTS Contract with Otter Lake Animal Care Center I. COMPLIANCE WITH STATE LAWS In providing all services pursuant to this contract, Otter Lake shall abide by all statues, ordinance rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Otter Lake shall comply with all requirements of Minn. Sta. 346.37 and shall indemnify and defend the City against any claimed violation of that statute, or any other statue, ordinance, rule or regulation pertaining to the services provided by Otter Lake. II. AUDIT DISCLOSURE AND RETENTION OF RECORDS Otter Lake agrees to make available to duly authorized representative of the Municipality and either the legislative auditor or the state auditor for the purpose to audit examination pursuant to Minn. Stat. 16B.06, any books, documents, papers and records of Otter Lake that are pertinent to Otter Lake’s provision of services hereunder. Otter Lake further agrees to maintain all such required record for three (3) years after receipt of final payment and the closing of all other related matters. III. INSURANCE Otter Lake shall purchase, maintain in full force and effect during the term of this Contract the following insurance coverage: 1. WORKER’S COMPENSATION: Coverage at statutory limits as provided by the State of Minnesota. 2. COMPREHENSIVE GENERAL LIABILITY: Coverage shall have minimum limits of $1,000,000 per occurrence, combined single limit for bodily injury liability and property damage liability. 3. BUSINESS AUTO LIABILITY: Coverage shall have minimum limits of $750,000 per occurrence, combined single limit of bodily injury liability and property damage liability. This shall include owned vehicles hired and ono-owned vehicles and employee non-ownership. Current valid insurance certificates meeting the requirements herein identified shall be filed with the Municipality before signing this Contract. All policies shall provide, and the certificate issued shall evidence, that the Municipality shall be notified in writing at least thirty (30) days prior to cancellation or modification of coverage. IV. EARLY TERMINATION This Contract made be terminated by either party, with or without cause, upon thirty (30 days written notice, delivered by certified mail or in person, to the other party. VII. MODIFICATIONS Any material alteration, modifications or variations of any terms of the Contract shall be valid and enforceable only when the have been reduced to writing as an amendment and signed by the parties. Municipality shall be named as an additional insured on all insurance certificates. IX. ENTIRE AGREEMENT It is understood and agreed by the parties that the entire agreement of the parties is contained herein and that the Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between otter Lake and Municipality. The parties hereto revoke any prior oral written agreements between themselves and agree that this Contract is the only and complete agreement regarding the subject hereof. CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Marty Asleson MEETING DATE: February 25, 2019 TOPIC: Consider Resolution No. 19-25, Textile Recycling/Simple Recycling Contract Renewal VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes City Council approved a contract with Simple Recycling on February 26th, 2018. The City authorized the contract for 1 year to be reviewed and reconsidered for contract renewal. The Agreement was signed on March 5th, 2018 but took a few months after that to actually mobilize in sync with the regular haulers schedule. Actual curbside recycling started July 8th, 2018. BACKGROUND Simple Recycling is providing a free residential curbside pickup service to collect all types of clothing, shoes, accessories, and household goods. Residents bag the acceptable items and place bags at the curb on the recycling collection day by the recycling cart. Simple Recycling collects the bags with a small truck (utility or appliance repair-type truck). The drivers leave extra bags after collection, either on the recycling cart or by resident’s door. Simple Recycling is an Ohio Corporation that grew out of a third generation thrift store chain; the collected materials will be graded and a lot of the clothing and household goods will be sent to thrift stores. The rest will be recycled and converted for reuse to industrial wiping rags and home insulations. The program is free for the city and the residents. The city receives tonnage reports, on a monthly basis, which can be included in SCORE tonnage report. The city was compensated $.01 per pound for the material collected by Simple Recycling for the year 2018. In 2018, 6.46 tons were collected. The City was issued monthly checks for a total of $129.43. The seven missed pick-ups in 2018 were resolved. RECOMMENDATION Staff is recommending approval of Resolution No. 19-25, Textile Recycling/Simple Recycling Contract Renewal for 2019. ATTACHMENTS 1. 2018 Agreement with Simple Recycling 2. Resolution No. 19-25 Authorizing a One Year Contract Extension with Simple Recycling CITY OF LINO LAKES RESOLUTION NO. 19-25 Authorizing a One Year Contract Extension with Simple Recycling WHEREAS, Simple Recycling is skilled and experienced in the collection and efficient recycling and disposition of Soft Recyclables; and WHEREAS, Lino Lakes desires to limit and restrict the quantity of Soft Recyclables which are deposited in the landfill; and WHEREAS, Lino Lakes had selected Simple Recycling in 2018 to collect, identify, haul, recycle and/or dispose of Soft Recyclables in Lino Lakes’ Service Area; and WHEREAS, Simple Recycling provided such service in 2018 and is in the business of and has the expertise, experience, resources and capability to perform the collecting, identifying, packaging, hauling, recycling and/or disposing of Soft Recyclables; and WHERAS, Simple Recycling collected 6.46 tons of textile recycling at residential curbside service for residents of Lino Lakes, and compensated the City $20 per ton for the collected items in 2018; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes that the City enter into a renewed contract with Simple Recycling for 2019. Adopted by the Council of the City of Lino Lakes this ___ day of _______, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: February 25, 2018 TOPIC : Resolution No. 19-22, Accepting Quotes and Awarding a Construction Contract, 2019 Surface Water Maintenance Project VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting authorization to accept quotes and award the construction contract for the 2019 Surface Water Maintenance Project. BACKGROUND The City’s annual Surface Water Management Program (SWMP) addresses areas in need of maintenance, and conforms to the City’s Surface Water Pollution and Prevention Plan. In the last two years the City’s SWMP has been addressing pond cleaning projects. This type of work is best completed in the winter season. The 2019 SWMP is proposed within the Wollan Estates neighborhood. The project includes the removal of vegetation and sediment in the stormwater pond located west of Diane Street. This project is similar to the sediment removal project performed earlier this winter, 2018 SWMP, on the smaller stormwater pond on the north end of Diane Street. The pond will be accessed from the north, with work being conducted on city owned property or within public drainage and utility easements. Quotes were requested for the above-referenced project on February 14, 2019. Two quotes were submitted: Arnt Construction Company Inc. in the amount of $43,400.00, and Olson’s Excavating Service in the amount of $184,426.60. Staff recommends awarding the project to Arnt Construction Company Inc. The project is scheduled to begin in the next two weeks. Construction notices were mailed out to the neighborhood. The completion date for this project is June 28, 2019, however we anticipate substantial completion this winter. RECOMMENDATION Staff recommends adoption of Resolution No. 19-22 accepting quotes and awarding a construction contract for the 2019 Surface Water Maintenance Project, in the amount of $43,400.00 to Arnt Construction Company Inc. ATTACHMENTS 1. Resolution No. 19-22 2. Site Map CITY OF LINO LAKES RESOLUTION NO. 19-22 RESOLUTION ACCEPTING QUOTES, AND AWARDING A CONSTRUCTION CONTRACT, 2019 SURFACE WATER MAINTENANCE PROJECT WHEREAS, pursuant to a request for quotes for the construction of the 2019 Surface Water Maintenance Project, quotes were received: Arnt Construction Company Inc. in the amount of $43,400.00, and Olson’s Excavating Service in the amount of $184,426.60; and WHEREAS, it appears that Arnt Construction Company Inc. is the lowest responsible quote; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Mayor and Clerk are hereby authorized and directed to enter into a contract with Arnt Construction Company Inc. in the amount of $43,400.00, in the name of the City of Lino Lakes, for the construction of the 2019 Surface Water Maintenance Project according to the plans and specifications approved by the City Council and on file in the office of the City Clerk; and Adopted by the Council of the City of Lino Lakes this 25th day of February, 2019. 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 8171 8195 8135 8175 8155 8125 8113 8121 8114 8117 8113 8118 8180 8140 8160 8122 VICINITY MAP WOLLEN ESTATES - POND A 701 Xenia Avenue South, Suite 300 www.wsbeng.com Minneapolis, MN 55416 763-541-4800 - Fax 763-541-1700 NO SCALE 2019 SURFACE WATER MAINTENANCE PROJECT STORM POND SEDIMENT REMOVALDIANE STREETPOND A2018 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: February 25, 2019 TOPIC: Consider Resolution No. 19-21 Order the Project, Approve the Plans & Specifications and Authorize the Ad for Bid, 2019 Mill and Overlay Project VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting Council consideration to order the project, approve the plans and specifications, and authorize advertisement for bids for the 2019 Mill and Overlay Project. BACKGROUND In accordance with the City’s Pavement Management Plan, streets are identified for annual maintenance. The pavement management plan analyzes the conditions for the bituminous roadways within the City, and recommends maintenance and repair strategies for the streets depending on their conditions. Streets were selected for the 2019 Mill and Overlay Project based on pavement management criteria, coring reports, input from Public Works, traffic volumes, and feasibility of locations. The proposed 2019 project includes the following: Reclamation Sherman Lake Road, Merganser Court, Sherman Lake Court, Sherman lake Circle, Fire Station #1 Parking Lot. Mill and Overlay 2” Pheasant Hills Drive (cul-de-sac) Alternate #1 Reclamation of Deerwood Lane (Fox Road to the south cul du sac) The schedule for this project is as follows: City Council Order Project, Approves Plans and Specifications Feb. 25, 2019 City Council Authorizes Ad for Bids Feb. 25, 2019 City Open Bids March 27, 2019 City Council Awards Contract April 8, 2019 Construction Begins May, 2019 Final Completion September, 2019 The budget for the project is $618,000 which includes, construction, engineering and administrative costs associated with the project. RECOMMENDATION Staff recommends adoption of Resolution No. 19-21, Order the Project, Approve the Plans & Specifications, Authorize the Ad for Bid, 2019 Mill and Overlay Project. ATTACHMENTS 1. Resolution No. 19-21 2. Plan Title Sheet/Location Map CITY OF LINO LAKES RESOLUTION NO. 19-21 RESOLUTION ORDERING THE PROJECT, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE 2019 MILL AND OVERLAY PROJECT WHEREAS, the City Engineer has prepared plans and specifications for the 2019 Mill and Overlay Project and has presented such plans and specifications to the City Council for approval; and WHEREAS, the City Council is ordering the project finding that it would be in the best interest of the City to proceed with the project; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota orders the 2019 Mill and Overlay Project and approves the plans and specifications, a copy of which is on file at City Hall. The Engineer is directed to advertise for bids, and provide bidding administration. The City clerk shall prepare and cause to be inserted in the official paper and in Finance and Commerce an advertisement for bids for the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be received by the Clerk, at which time they will be publicly opened at the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on April 8, 2019, in the Council chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier’s check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Council of the City of Lino Lakes this 25th day of February, 2019. 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 BIRCH STFOX RD12TH AVE S FAWN LN JOYER LN SHERMAN LAKE RD TIMBERWOLF TRLPHEASANT H ILLS DRHOLLY CT ESH A D O W L A K E D R E TALLE LN OLD BIRCH ST WHITE OAK RDCOUNTRY LAKES DRASPEN LNLANTERN LNPHEASANT RUN SRIVER BIRCH PL GAAGE LN KILLDEER DR WHITETAIL TRL TEAL CTDEERWOOD LNRED FOX RDOSPREY C TRUFFED GROUSE RDBLACK DUCK DR SRED MAPLE LNHUNTERS RDGPAINTED TURTLE RD BEAVER TRLFOX CVCANFIELD RDCRIPPLE CREEK PASSRED BI R C H C T LANTERN C IRTAMARACK LNCHOKECHERRY RDWILD TURKEY TRL WHITE OWL DR BEAVER CIRWOLF CIRSEDGE CTBUCKTHORN LNMALLARD LNPONDVIEW CIRCIR CAPTAINS PLBLACK DUCK CIRMUSKRATOAKVIEW C TFOX CIRBLACK DUCK CTVELVETLEAF LNC R I P P L E C R E E K C T BROKENFOX HOLWRUFFED GROUSE CTIRONWOOD CIRBIRCH STREETBIRCH CT TIMBERWOLF CIRDEERWOOD LN PARTRIDGE PLFOX RD BIRCH STWEST SHADOW LAKE DRIVE R E S H A N A U L A K EOAK CTDEERWOODRUN SCALE IN FEET08001600K:\012972-000\Cad\Plan\012972-000 C-TS.dwg 2/13/2019 5:09:02 PM N2019 ROAD IMPROVEMENT PROJECTCITY OF LINO LAKESFULL DEPTH RECLAMATION STREET IMPROVEMENTSCONSTRUCTION PLAN FORPROJECT LOCATION MAPF/OUGTGEXISTING PLAN SYMBOLSPROPERTY LINES/RIGHT-OF-WAYUTILITY EASEMENTTREE LINESIGNDECIDUOUS TREESHRUBCONIFEROUS TREEEXISTING UTILITY SYMBOLSFIBER OPTIC CABLEUNDERGROUND TELEPHONEGAS LINECATV VAULTPOWER POLEELECTRIC BOXCATCH BASINSTORM APRONCNDCTVOHUNDERGROUND CABLECABLE TVOVERHEAD COMMUNICATIONS LINEUGEOHEUNDERGROUND POWEROVERHEAD POWERUGEUNDERGROUND ELECTRICOHTOVERHEAD TELEPHONEWATER MAINSANITARY SEWERSTORM SEWERGATE VALVEHYDRANTSANITARY SEWER MANHOLESTORM SEWER MANHOLESTsCOUNTY:ANOKAPROJECT LOCATIONTHE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS UTILITY QUALITY LEVEL D. THIS UTILITY QUALITY LEVEL WAS DETERMINED ACCORDING TO THEGUIDELINES OF CI/ASCE 38-02, ENTITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA."GOPHER ONE CALL TICKET NUMBER: XXXXXXUTILITY COORDINATION MEETING HELD ON: APPROVED BYSHEET NO.DATEPLAN REVISIONSALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND ORDINANCESWILL BE COMPLIED WITH IN THE CONSTRUCTION OF THIS PROJECT.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDERMY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.LICENSE NUMBER:DATE:02/25/201943338DIANE L. HANKEE, PESHEETOFWSB PROJ. NO. 012972-000DEERWOOD LANE 1THIS PLAN SET HAS BEEN PREPARED FOR:CITY OF LINO LAKES6000 TOWN CENTER PARKWAYLINO LAKES, MN 55014(651) 982-2400A CALL TO GOPHER STATE ONE (651-454-0002)IS REQUIRED A MINIMUM OF 48 HOURS PRIORTO PERFORMING ANY EXCAVATION.EXCAVATION NOTICE SYSTEMPLAN SET INDEXGOVERNING SPECIFICATIONSUTILITY INFORMATIONTHE 2018 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION"STANDARD SPECIFICATIONS FOR CONSTRUCTION" SHALL GOVERN.THIS WORK SHALL BE DONE IN ACCORDANCE WITH THE FEBRUARY 2018EDITION OF THE CITY OF LINO LAKES "GENERAL SPECIFICATIONS ANDDETAIL PLATES FOR STREET AND UTILITY CONSTRUCTION".ALL TRAFFIC CONTROL DEVICES SHALL CONFORM TO THE LATEST EDITIONOF THE MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES,INCLUDING THE LATEST FIELD MANUAL FOR TEMPORARY TRAFFICCONTROL ZONE LAYOUTS.PHEASANT HILLS DRIVE15THIS PLAN SET CONTAINS 15 SHEETSSHERMAN LAKE ROAD 1 CITY COUNCIL AGENDA ITEM 6D STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: February 25, 2019 TOPIC: Consider Resolution No. 19-18: Approve License for Utility to Cross Agreement with Minnesota DNR, West Shadow Lake Area Improvement Project VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council Approval of the License for Utility to Cross Public Waters Agreement with the Minnesota Department of Natural Resources (DNR). The Agreement is for a watermain crossing between Rice Lake and Reshanau Lake. BACKGROUND The West Shadow Lake Area Improvement Project includes the installation of watermian and roadway improvements between Rice Lake and Reshanau Lake. These lakes are waterbodies of the State and the work requires an agency to agency Agreement. The purpose of the license between the Minnesota DNR and the City of Lino Lakes (Licensee) would be, “Construction, maintenance and operation of a liquids pipeline under water under the covenants and agreements of the Licensee…” This license allows the City of Lino Lakes to install and maintain the watermain that affects DNR waters. The license would last for 50 years, and expire in January, 2069. At that point, the License would be renewed. The cost of the license is $293.00 and the cost is planned to be incorporated into the costs of the project. RECOMMENDATION City Staff recommends approval of Resolution No. 19-18, Approve License for Utility to Cross Public Waters Agreement with Minnesota DNR, West Shadow Lake Area Improvement Project ATTACHMENTS 1. Resolution No. 19-18 2. MN DNR License Application 1 CITY OF LINO LAKES RESOLUTION NO. 19-18 RESOLUTION APPROVING LICENSE FOR UTILITY CROSS PUBLIC WATERS AGREEMENT WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES WHEREAS, City staff completed an application for the License Agreement; and WHEREAS, the license is considered necessary for the watermian installation as part of the West Shadow Lake Area Improvement Project; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby Approves License for Utility to Cross Public Waters Agreement with Minnesota Department of Natural Resources. Adopted by the Council of the City of Lino Lakes this 25th day of February, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 6Eii STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: February 25, 2019 TOPIC: Consider Resolution No. 19-23, Authorizing Land Acquisition, NE Lino Lakes Drainage Area Improvements VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City C ouncil authorization for acquisition of land for the NE Lino Lakes Drainage Area Improvements project. BACKGROUND On June 27, 2016, the City Council accepted the feasibility study for the North East Drainage Outlet to Peltier Lake. The study analyzed options for providing an outlet to a landlocked area of 1,300 acres. At the City Council meeting on October 22, 2018, City Council authorized the preparation of plans and specs for the North East Drainage Outlet to Peltier Lake. This project is part of the City’s Comprehensive Stormwater Management Plan specific to this area, which was approved at the City Council meeting on November 27, 2017. Land acquisition is necessary to construct the project, which the Council committed to in the Watermark Master Development Agreement Development, which was approved on December 10, 2018. As presented to the City Council at various meetings, land acquisition is required to construct the project. The project includes land acquisition from 3 parcels owned by two property owners. Staff and representatives from WSB & Associates have been in contact with, and have personally met with Owners of each of the parcels. Insight Realty Advisors has prepared appraisal reports for the properties. Below is a summary of the appraisal data for each property: PID Size Type 14-31-22-12-0002 (Leibel West) 3.02 Acres Fee Simple 14-31-22-13-0002 (Salo) 1.59 Acres Fee Simple 14-31-22-14-0001 (Leibel South) 2.31 Acres (1.65 P, 0.66 T) Permanent and Temporary Easement State law provides authority for cities to acquire property for public purpose through the use of 2 eminent domain. However, prior to initiation of these proceedings, the City is required to make efforts to acquire the property through direct purchase. If this process is unsuccessful, then the City will need to consider pursuing eminent domain. RECOMMENDATION Staff is recommending approval of Resolution No. 19-23, Authorizing Land Acquisition for the NE Lino Lakes Drainage Area Improvements project. ATTACHMENTS 1. Resolution No. 19-23 CITY OF LINO LAKES RESOLUTION NO. 19-23 AUTHORIZATION FOR LAND ACQUISISTION FOR NORTH EAST LINO LAKES DRAINAGE AREA IMPROVEMENTS WHEREAS, on October 22, 2018 the City Council authorized the preparation of plans and specs for the NE Lino Lakes Drainage Area Improvements project; and WHEREAS, the construction of the project will require the acquisition of lands and easements; and WHEREAS, the City of Lino Lakes, a Minnesota municipal corporation, acting by and through the City Council, is authorized by law to acquire real estate which is needed for public use or purpose; and WHEREAS, it is necessary that the City have title and possession of land interest for the Project before the construction contracts may be let. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes: 1. City representatives, City Community Development Director and City Attorney are hereby authorized to make offers to property owners consistent with the appraisals obtained for the needed acquisition. All final negotiated agreements shall be brought back to the Council for approval. Adopted by the Council of the City of Lino Lakes this 25th day of February, 2019. 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