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HomeMy WebLinkAbout02-26-2018 Council Meeting Packet EXPANDED AGENDA CITY COUNCIL AGENDA Monday, February 26, 2018 *********** 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 SPECIAL COUNCIL SESSION, 5:00 P.M. Interview Advisory Board Applicants – Council Work Room 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 SPECIAL PRESENTATION Presentation of Certificate of Recognition to Eric Stone for achieving rank of Eagle Scout 1. CONSENT AGENDA A) February 26, 2018 (Check No. 107689 through 107769) in the amount of $224,509.88. B) Consider approval of February 5, 2018 Work Session Minutes C) Consider approval of February 12, 2018 Council Meeting Minutes D) Consider approval of February 5, 2018 Closed Council Session Action Taken: Motion by Manthey, seconded by Stoesz, to approve Consent Agenda Items 1A through 1D as presented was adopted Council Agenda -2- February 26, 2018 EXPANDED AGENDA 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT No report 4. PUBLIC SAFETY DEPARTMENT REPORT No report 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Drainage and Utility Easement Vacation, Diane Hankee i) Consider 2nd Reading of Ordinance No. 02-18, Vacating Drainage and Utility Easement Lot 15, Block 2 of NorthPointe 2nd Addition Action Taken: Motion by Manthey, seconded by Stoesz, to approve the 2nd Reading of Ordinance No. 02-18 as presented, was adopted: Yeas, 5; Nays none ii) Consider Resolution No. 18-16, Approving Summary Publication of Ordinance No. 02-18 Action Taken: Motion by Manthey, seconded by Stoesz, to approve Resolution No. 18-16 as presented was adopted B) Consider Resolution No. 18-10, Approving Payment No. 3 and Final, 2017 Mill and Overlay Project, Diane Hankee Action Taken: Motion by Maher, seconded by Manthey, to approve Resolution No. 18-10 as presented was adopted C) Consider Resolution No. 18-17, Authorizing the Preparation of Plans and Specification for the 2018 Trunk Watermain Project, Michael Grochala Action Taken: Motion by Manthey, seconded by Stoesz, to approve Resolution No. 18-17 as presented was adopted; Rafferty abstained D) Consider Resolution No. 18-18, Appointing Representative to Watershed Based Funding Work Group, Michael Grochala Action Taken: Motion by Maher, seconded by Manthey, to approve Resolution No. 18-18 as presented was adopted E) Fire Station No. 2, Michael Grochala i. Consider Resolution No. 18-19, Approving Escrow Deposit Agreement with Jorgenson Construction Inc Council Agenda -3- February 26, 2018 EXPANDED AGENDA Action Taken: Motion by Rafferty, seconded by Maher, to approve Resolution No. 18-19 as presented was adopted. ii. Consider Resolution No. 18-20, Approving Change Order No. 3 and Final Pay Application, Fire Station No. 2. Action Taken: Motion by Maher, seconded by Rafferty, to approve Resolution No. 18-20 as presented was adopted F) Consider Resolution No. 18-15, Authorizing a One Year Trial Contract With Simple Recycling, Marty Asleson Action Taken: Motion by Maher, seconded by Rafferty, to approve Resolution No. 18-15 as presented was adopted; Stoesz voted no 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Motion by Rafferty, seconded by Maher, to adjourn at 7:00 p.m. was adopted Following adjournment of the regular meeting, the Council will reconvene for a closed session to discuss labor negotiations. Following adjournment of the closed session on labor negotiations, the council will reconvene as the EDA for a closed session to discuss the Legacy Land Sale Community Calendar – A Look Ahead February 26, 2018 through March 12, 2018 Wednesday, February 28 6:30 pm, Council Chambers Environmental Board Monday, March 5 6:00 pm, Community Room Council Work Session Monday, March 5 6:30 pm, Council Chambers Park Board Monday, March 12 6:600 pm, Community Room City Council Meeting CITY COUNCIL WORK SESSION February 5, 2018 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : February 5, 2018 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 9:55 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 14 1. Rice Lake Elementary School Playground Equipment Project - Public 15 Services Director DeGardner reviewed his written report. He is bringing forward a 16 suggestion from a Planning and Zoning Board member that the City designate $87,500 of 17 park dedication fees from the St. Clair Estates housing project for the Rice Lake 18 Elementary Playground Equipment project. On reason this would make sense is that the 19 playground is the closest neighborhood park for the new subdivision. He introduced 20 Bryan Carlson, Rice Lake Elementary School principal and two members of the PTO for 21 the school who discussed the need to refurbish the equipment. Mr. Carlson reviewed 22 fundraising ideas, provided an overview of the preliminary ideas for the project and 23 answered the council’s questions about the plans. The total cost quoted by Mr. Carlson 24 was $170,000. 25 26 Mayor Reinert noted the down economy in the recent past when the city had to cut back 27 and the council’s more recent discussions about establishing a regular funding stream for 28 park work; the cost of this project is large compared to the city’s budget. He suggests that 29 the discussion of this specific improvement should be part of the larger assessment of 30 park needs. 31 32 Mr. DeGardner remarked that this project seems like a good opportunity to partner with 33 the school district as well as a good match to serve the St. Clair Estates neighborhood for 34 their park dedication funds. Council Member Manthey asked if staff is thinking that 35 funding for the project should be considered outside or part of the city’s parks budget and 36 Mr. DeGardner said, apart from the park dedication funds mentioned, it would be outside 37 the established budget. Council Member Rafferty remarked that he thinks the natural first 38 place to discuss funding for this spot would be with the school district. Mayor Reinert 39 added that he’s happy to receive information on this project to use as the council studies 40 the park needs of the whole city. 41 42 The council expressed a desire to look at other options before making a decision and 43 asked staff for an update on Shenandoah Park. 44 45 CITY COUNCIL WORK SESSION February 5, 2018 DRAFT 2 2. Winter Property Land Use, Comp Plan – Community Development Director 46 Grochala reviewed his written staff report that provided a recap of the action of the city’s 47 advisory boards and the council’s previous review of the property owner’s (Mr. Winter) 48 request to change the planning guidance for his property to allow for some residential 49 development. Based on the council’s previous direction, Mr. Winter did submit a 50 concept plan. However Mr. Winter’s submitted plan does not follow the council’s 51 direction on the maximum residential percentage and density. 52 53 Mr. Winter’s representative explained that they have submitted a plan developed by 54 Westwood Engineering. He explained why the plan makes sense and is realistic (i.e. 55 road development, flexibility in residential areas) and how the residential percentage in 56 the concept plan is actually in the range of 50%. The concept is to spread out the 57 residential. The representative said this plan is something that will be realistic for the 58 future. 59 60 Mayor Reinert expressed his support for 4-6 units per acre density for the residential 61 element; with that density range he is comfortable with the 50% range for residential use 62 total. He’s less interested in calling it mixed use because it’s not specific enough. 63 Mayor Reinert said he isn’t supportive of an apartment development on the land. 64 65 Mr. Grochala explained that the guidance is provided up front and the council would 66 ultimately be considering approval of a more specific planned unit development proposal. 67 Mr. Grochala asked how much flexibility a developer would have in clustering the 68 density. Council Member Maher suggested the goal is for the Winters to be able to sell 69 their land and for the city to end up with an appropriate development; that the plan she 70 wants to see. 71 72 The council concurred with guiding the Winter’s property as mixed use with up to 50% of 73 the land designated for residential at 4-6 units per acre. 74 75 3. Water Tower Siting Update – City Engineer Hankee introduced Greg Johnson 76 of WSB and Associates. He reviewed the staff report and the council’s past direction to 77 analyze four sites for possible siting of a city water tower and the results of the analysis 78 including the suggestion to add two possible sites. Mr. Johnson responded to the 79 council’s questions about: water main locations, sea plane airport location, and concerns 80 about the impact Site Five could have on the improvements already planned in that area. 81 Mr. Johnson recommended that the council consider the additional costs attached to some 82 sites as they consider which site(s) should be further explored. He explained that water 83 towers typically take about two years to design and construct. 84 85 The council expressed concerns on the possibility of building in the middle of a fully 86 developed area, the implications of moving on privately owned land and the 87 unwillingness of the school district to work with the city. The council indicated that their 88 preferred site is Birch Street and Centerville Road which is located on city property and 89 CITY COUNCIL WORK SESSION February 5, 2018 DRAFT 3 close to an existing 16-inch trunk water main. The mayor suggested that staff also do 90 some preliminary work on Site Five through working with the property owner. 91 92 5. Target Remodeling Project - Public Safety Director Swenson reviewed his 93 written staff report outlining a situation whereby the remodeling work being done at the 94 Target facility in the city has resulted in complaints due to work being outside the hours 95 allowed in city ordinance. Those complaints were addressed after the Public Safety 96 Department became involved. The contractors for the project are now requesting 97 permission to do work outside allowed hours based on the need to do that work when the 98 store is unoccupied. Director Swenson pointed out the potential options included in the 99 report. 100 101 Representatives of Ryan Construction, the contractor, pointed out the safety element 102 involved in using the crane that is required for the work; it cannot be accomplished safety 103 with people in or around the store. They noted the communication they have attempted 104 with the area residents. The contractor representatives said they are open to a schedule 105 anytime when the store is not open. The work needed represents two three hours jobs. 106 107 The mayor suggested that good communication with the residents in the area about this 108 required work would go a long way. 109 110 Director Swenson suggested that staff could draft a resolution for council consideration 111 that includes a requirement to communicate with the residents, allows the work, and 112 provides direction for the public safety department on the matter. The council 113 concurred that they would consider such a resolution at their next regular meeting on 114 February 12, 2018. 115 116 4. White Bear Lake Lawsuit Court Order - Community Development Director 117 Grochala reviewed his written staff report and the outcome of the court action relative to 118 the lawsuit of the White Bear Lake Restoration Association. He reviewed several 119 conditions that are expected to be placed upon certain cities by the DNR relative to Water 120 Appropriation Permits. The mayor expressed concern that the City should be impacted 121 with conditions when it clearly lies downstream from White Bear Lake in the watershed. 122 123 Mr. Grochala outlined the DNR’s continuing work to clarify the conditions and explained 124 what staff believes would be the impact and obligations that affect the City should the 125 WBL reach the determined mark. The council heard about the court reviews that are 126 ahead and possible outcomes. The council heard options that staff has identified should 127 conditions come into place. Staff will continue to monitor the situations. 128 129 6. Pavement Management Report – City Engineer Hankee reported on the this 130 document that guides pavement management and how information from that report is 131 used to plan improvements. She reviewed a map of the city with indications of roadway 132 conditions and plans and possibilities to use the information to plan improvements. The 133 identified improvement needs were compared to funding and a resulting timeframe during 134 CITY COUNCIL WORK SESSION February 5, 2018 DRAFT 4 which improvements could be completed. Community Development Director Grochala 135 added that staff will continue to review the data and make recommendations on 136 expanding the improvement program as they see that is needed and possible. 137 138 The council will consider accepting the Pavement Management Report and ordering the 139 2018 Mill and Overlay Project at the February 12th Council meeting. 140 141 12. 2018 Parks and Trails Capital Project Update – Public Services Director 142 DeGardner reported that the Park Board had just adjourned their meeting of this evening. 143 The board worked on preparing recommendations for a parks and trails capital project for 144 the city and he has an update for the council. Mr. DeGardner said he anticipates that final 145 recommendations will be presented to the council at the April work session. 146 147 Pat Huelman, Chairman of the Park Board, addressed the council. He explained that the 148 Board was provided with background data by staff on the state of the parks and is 149 working on establishing recommendations on what they see are the priorities for 150 playgrounds, trails, hard surfaces, etc. They want to see where the city’s funding will 151 best be spent. At this time, the playgrounds are seen as a high need and they expect to 152 recommend improvements two sites immediately. On the trail side, they have identified 153 a few linkages that need to be filled in and where there are safety concerns. On hard 154 courts, the Board recognizes the loss of a tennis court has impacted one area and they 155 want to find a way that that area can be accommodated in a way that will offer the most 156 use. They are thinking that Sunrise Park improvements are needed and that site would be 157 a good focal point for the city. 158 159 Director DeGardner noted that playground improvements are something that are clearly 160 identified and he’d like to have those in place for summer programming. 161 162 Mayor Reinert offered thanks for the Park Board’s work on what is clearly an important 163 area for the city. He noted that he’d also like to see the Board keep conversation going 164 on the city land at Birch and Centerville where park/athletic facilities are a long standing 165 goal; he’d like to see a plan coming forward to keep the idea moving so that the council 166 could possibility consider additional funding for that area. 167 168 Council Member Rafferty brought up Arena Acres where the tennis court was recently 169 removed and he suggested contacting residents in that neighborhood to find out what they 170 want. 171 172 7. Advisory Board Appointments – Administrator Karlson asked the council to 173 establish a time to interview board applicants. 174 175 The council will interview candidates at special sessions set for February 12th and 176 February 26th. Council Member Rafferty indicated that meetings that begin at 5:00 p.m. 177 or earlier are a schedule problem for him. 178 CITY COUNCIL WORK SESSION February 5, 2018 DRAFT 5 8. Technology Upgrades – Administration Karlson noted that devices used by the 179 city council (traditionally iPads or Surface Notebooks) has not yet been replaced as is 180 common practice after a municipal election. He explained that Metro iNet does not 181 provide service to the council’s devices but they could be covered at an extra cost. 182 183 The council decided to simplify the process by having members purchase their own 184 devices and be reimbursed up to $2,400 over a four-year term or $1,200 for a two-year 185 term for computer-related expenses such as laptops, tablets, software, storage, security 186 and accessories. Finance Director Cotton said it would be handled on an expense 187 reimbursement basis, up to the stated amounts. 188 189 Council Member Stoesz explained the replacement plan used by his employer, US Bank. 190 That information was used to develop the council’s final direction. Council Member 191 Stoesz added that he has spoken with Administrator Karlson about the possibility of 192 upgrading the city’s website. It thinks that websites should evolve and refreshment is 193 important; the website is an important tool if the goal is to bring a lot more people to city 194 information. He is particularly interested in updating the city’s URL. Mayor Reinert 195 said he is hearing that Council Member Stoesz is interested in engaging with his expertise 196 in improvements to the city’s technology. Administrator Karlson noted the recent web 197 upgrade and staff’s efforts to keep things affordable but up to date. Mayor Reinert asked 198 if Council Member Stoesz could contact the web service directly with his ideas. Mayor 199 Reinert said he likes the idea of a shorter URL and optimization of the website. Council 200 Member Stoesz will come back with his ideas. 201 202 9. Proposals for Civil Legal Services – Mayor Reinert said before he can evaluate 203 proposals in this area, he would like to know what is in place. He’d like to see the current 204 contract. 205 206 The council concurred that they would like more information before considering which 207 firms to interview, including a breakdown of hourly rates or flat fees proposed for all 208 legal work performed by a firm, a copy of the current service contract, and a copy of the 209 last 12 month’s billing from the current city attorney. The council will consider the 210 proposals at the March work session. 211 212 10. Public Works Facility Renovation and Expansion – Mayor Reinert asked 213 Public Services Director DeGardner to provide an estimate of how large a building is 214 needed to store the city’s vehicles and equipment and to obtain the specifications of 215 Hugo’s public works facility as a comparison. 216 217 11. Community Room Expansion and Renvation – Administrator Karlson 218 explained that staff is recommending that the Community Room be upgraded, both in size 219 and with audio/visual equipment. He noted the existence of an elections storage area 220 directly adjacent to the room that could be used for expansion. The mayor said the 221 council should understand costs involved and Mr. Karlson said he is requesting 222 authorization to get an estimate. The mayor suggested a tour of the expansion area. 223 CITY COUNCIL WORK SESSION February 5, 2018 DRAFT 6 224 13. 2018 Capital Equipment Replacement – Finance Director Cotton said staff is 225 providing an update. At the time the budget was adopted, a figure was included for 226 capital equipment replacement. With the removal of the replacement of one vehicle and 227 the determination of actual replacement costs for some other equipment, the amount of 228 the capital budget has come down. Staff proposes to bring the matter forward for 229 approval at the next council meeting. 230 231 Council Member Rafferty said he wants to make sure that departments involved are 232 communicating properly with each other to find out if cross use/after use is appropriate. 233 He doesn’t want to see vehicles sold when they could have further use. 234 235 Council Member Stoesz noted a League of Minnesota Cities site that provides 236 information on city debt; Finance Officer Cotton said this area would not be included as 237 the city borrows from itself to finance the program. 238 239 14. Council Updates on Board and Commissions – Mayor Reinert noted that he 240 and Council Member Manthey recently attended the Anoka County Fire Protection 241 Council meeting at which they considered an annual budget (two years in advance) for 242 2019; they plan ahead in case of changes. There was no quorum so action is anticipated 243 at the next meeting. 244 245 15. Monthly Progress Report – Administrator Karlson updated the council on the 246 chambers upgrade project which is close to concluding. 247 248 Review Regular Council Agenda of February 12, 2018 – The agenda was reviewed 249 and there were no changes. The council concurred on the following appointments to the 250 Economic Development Authority (EDA) for 2018: President Michael Manthey; Vice 251 President Melissa Maher; Treasurer Dale Stoesz. 252 253 The meeting was adjourned at 9:55 p.m. 254 255 These minutes were considered, corrected and approved at the regular Council meeting held on 256 February 26, 2018. 257 258 259 260 261 Julianne Bartell, City Clerk Jeff Reinert, Mayor 262 263 COUNCIL MINUTES February 12, 2018 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : February 12, 2018 4 TIME STARTED : 6:30 p.m. 5 TIME ENDED : 7:05 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Maher, 7 Manthey, Stoesz and Mayor Reinert 8 MEMBERS ABSENT : 9 10 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 11 Grochala; City Engineer Diane Hankee; Finance Director Sarah Cotton; Director of Public Safety 12 John Swenson; and City Clerk Julie Bartell 13 14 PUBLIC COMMENT 15 16 No one was present to address the council regarding a matter not on the agenda. 17 18 SPECIAL PRESENTATIONS 19 20 Lou Masonick was presented with a Recognition Award for service on the EDAC (February 2010 – 21 December 2017) & Planning & Zoning Board (February 2012 – December 2017). 22 23 Emily Parker was presented a Special City of Lino Lakes Recognition Award & American Legion 24 presentation. 25 26 SETTING THE AGENDA 27 28 The agenda was approved as presented. 29 30 CONSENT AGENDA 31 32 Council Member Maher moved to approve the Consent Agenda, Items 1A through 1C, as presented. 33 Council Member Manthey seconded the motion. Motion carried on a voice vote. 34 35 ITEM ACTION 36 37 Consideration of Expenditures: 38 39 February 12, 2018 (Check No. 107597 – 107688) 40 in the amount of $381,879.35 Approved 41 42 January 22, 2018 Council Work Session Minutes Approved 43 44 January 22, 2018 City Council Meeting Minutes Approved 45 COUNCIL MINUTES February 12, 2018 DRAFT 2 FINANCE DEPARTMENT REPORT 46 47 2A) Consider Resolution No. 18-11, Authorizing the Issuance of 2018 Certificates of 48 Indebtedness – Finance Director Cotton reviewed her written staff report, including reporting on a 49 reduction that results from updating. She explained how the certificates will be financed, short and 50 long term. 51 52 Council Member Maher moved to approve Resolution No. 18-11 as presented. Council Member 53 Stoesz seconded the motion. Motion carried on a voice vote. 54 55 ADMINISTRATION DEPARTMENT REPORT 56 57 3A) Consider Appointment of Parks Maintenance Worker- Administrator Karlson reported that 58 staff is again presenting a recommendation to fill this position which has become vacant. He explained 59 that there have been two previous hirings authorized by the council for the position, but for different 60 reasons those hirings didn’t work out. This recommendation is to hire Taylor Drahota who is well 61 qualified for the position. 62 63 Council Member Maher moved to approve the appointment of Taylor Drahota. Council Member 64 Manthey seconded the motion. Motion carried on a voice vote. 65 66 PUBLIC SAFETY DEPARTMENT REPORT 67 4A) Consider Resolution 18-12, Authorizing Construction Activity in Support of Target 68 Remodel - Public Safety Director Swenson recalled the council’s past discussion about construction 69 activity at the Target store in Lino Lakes. There have been complaints about after hours work and, when 70 contacted, Target was responsive. The city has been informed, however, that Target (through their 71 contractor Ryan Construction) is in need of performing nighttime work on the roof of the facilities for 72 two days. After a request from the council, they did hold a neighborhood meeting to discuss the 73 situation but there were no residents that attended. 74 Mayor Reinert explained that this activity on the roof is required probably every twenty years and it 75 cannot take place when there are people in the store so it’s really limited to late hours. 76 Britta Sortland, Ryan Companies, project manager. She noted that the crane is now scheduled for 77 February 20th and 21st, a schedule change. 78 Council Member Stoesz asked to have a discussion at the next work session on the topic of variances 79 from the noise ordinance. 80 81 Council Member Maher moved to approve Resolution No. 18-11 as amended to represent the date 82 change to February 20th and 21st. Council Member Manthey seconded the motion. Motion carried 83 on a voice vote. 84 4B) Consider Approval of the Sale of Fire Rescue Pumper and Deposit of Proceeds – Public 85 Safety Director Swenson reviewed the written staff report. 86 87 88 COUNCIL MINUTES February 12, 2018 DRAFT 3 Mayor Reinert commended Director Swenson on providing a thorough staff report. 89 Council Member Manthey asked about certification status on the vehicle. Director Swenson said he 90 made the decision to not move on certification without an offer. 91 Council Member Stoesz asked if there is any cost involved in removing the Lino Lakes graphics. 92 Director Swenson explained that the removal of graphics will be handled in the same fashion as for sale 93 of the other truck. 94 95 Council Member Rafferty moved to approve Resolution No. 18-11 as presented. Council Member 96 Stoesz seconded the motion. Motion carried on a voice vote. 97 98 PUBLIC SERVICES DEPARTMENT REPORT 99 100 There was no report from the Public Services Department. 101 102 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 103 104 6A) Public Hearing: Consider Ordinance No. 02-18, Vacating Drainage and Utility Easement 105 Lot 15, Block 2 of NorthPointe 2nd Addition – City Engineer Hankee explained the background for this 106 request for easement. A property owner on Palm Street wishes to construct a deck that would cover a 107 portion of this easement. Upon review with Xcel Energy, they are in agreement to the request to vacate a 108 portion of the utility easement as requested by the property owners. 109 110 Mayor Reinert opened the public hearing. 111 112 There being no one present wishing to speak, the public hearing was closed. 113 114 Council Member Stoesz moved to approve the 1st Reading of Ordinance No. 02-18 as presented. 115 Council Member Manthey seconded the motion. Motion carried on a voice vote. 116 117 6B) Pavement Management Program: i. Consider Resolution 18-13, Accepting 2017 Pavement 118 Management Report; ii. Consider Resolution 18-14, Authorize the Preparation of Plans and 119 Specifications, 2018 Mill and Overlay Project – City Engineer Hankee reviewed her written report. 120 For the 2018 Mill and Overlay Project, she explained the areas that would be covered in this year’s 121 project, the estimated cost, and funding source proposed. The schedule for the project was also 122 reviewed. Council Member Stoesz asked about striping and Ms. Hankee indicated that it will remain 123 the same. Council Member Rafferty asked if the estimated costs include soft costs and Ms. Hankee said 124 yes. Council Member Rafferty confirmed that staff anticipates a good bid based on the time line. 125 126 Council Member Maher moved to approve Resolution No. 18-13 as presented. Council Member 127 Rafferty seconded the motion. Motion carried on a voice vote. 128 129 Council Member Maher moved to approve Resolution No. 18-14 as presented. Council Member 130 Rafferty seconded the motion. Motion carried on a voice vote. 131 132 COUNCIL MINUTES February 12, 2018 DRAFT 4 UNFINISHED BUSINESS 133 134 There was no Unfinished Business. 135 136 NEW BUSINESS 137 138 There was no New Business. 139 140 COMMUNITY EVENTS 141 142 MONTHLY RECYCLE DAY will be held at Lino Park (7850 Lake Drive) on Saturday, February 17 143 from 10:00 a.m. to 2:00 p.m. Please see the city website for updated pricing. 144 145 COMMUNITY CALENDAR 146 147 Community Calendar – A Look Ahead 148 February 12, 2018 through February 26, 2018 149 150 Monday, February 19 CLOSED PRESIDENTS’ DAY 151 Monday, February 26 5:00 pm, Council Work Room Interview Bd Applicants 152 Monday, February 26 6:00 pm, Community Room Council Work Session 153 Monday, February 26 6:30 pm, Council Chambers City Council Meeting 154 155 ADJOURN 156 157 There being no further business, Council Member Rafferty moved to adjourn at 7:05 p.m. Council 158 Member Stoesz seconded the motion. Motion carried unanimously. 159 160 These minutes were considered and approved at the regular Council Meeting, February 26, 2018. 161 162 163 164 165 Julianne Bartell, City Clerk Jeff Reinert, Mayor 166 167 CLOSED COUNCIL SESSION February 5, 2018 DRAFT 1 1 CITY OF LINO LAKES 2 MINUTES 3 CLOSED COUNCIL SESSION 4 5 DATE : February 5, 2018 6 TIME STARTED : 5:35 p.m. 7 TIME ENDED : 6:02 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. 13 14 Mayor Reinert called the meeting to order at 5:35 p.m. in the Council Work Room at 15 Lino Lakes City Hall. Before the meeting was closed, Mayor Reinert read a statement on 16 the purpose of the meeting - discussion of a Legacy at Woods Edge land sale. The 17 meeting was closed as a session of the city council pursuant to the Open Meeting Law for 18 the purpose of discussing purchase or sale of city property. 19 20 The meeting was recorded and the recording will be retained in the Office of the City 21 Clerk as required under state statute. 22 23 The meeting was adjourned at 6:02 p.m. 24 25 These minutes were considered, corrected and approved at the regular Council meeting held on 26 February 26, 2018. 27 28 29 30 31 Julianne Bartell, City Clerk Jeff Reinert, Mayor 32 33 1 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: February 26, 2018 TOPIC: Drainage and Utility Easement Vacation i) Consider 2nd Reading of Ordinance No. 02-18, Vacating Drainage and Utility Easement Lot 15, Block 2 of NorthPointe 2nd Addition *Council may vote to dispense with the full reading of the ordinance *Roll call vote is required for adoption of the ordinance ii) Consider Resolution No. 18-16, Approving Summary Publication of Ordinance No. 02-18 VOTE REQUIRED: 4/5 INTRODUCTION Staff is requesting City Council consideration of Ordinance No. 02-18, Vacating Drainage & Utility Easements, Lot 15, Block 2, Pine Glen. BACKGROUND 6743 Palm Street is a residential parcel located on the north side of Palm Street. The property owners have submitted a land use application requesting the vacation, of a portion, of a drainage easement on the property. The drainage and utility easement was dedicated to the City of Lino Lakes in 2014 with the NorthPointe 2nd Addition plat. The easement overlaps an existing Northern States Power Co. (Xcel Energy) gas and electric easement located on the property. The current owners would like to construct a deck on the rear of their home into the easement area. The applicant is requesting that a portion of the drainage easement be vacated to allow for the construction of a deck. Xcel Energy has issued a Consent to Improvements approving alterations of the gas and electric easements for the proposed deck, enclosed. The Drainage and Utility easement was placed over the Xcel Energy easement, and thus vacating with the consent of Xcel Energy, is not an encumbrance to the City. The proposed deck does not impact City utilities or drainage. The Drainage and Utility Easement vacation sketch, detailing the proposed drainage and utility area to be vacated and the proposed location of the deck, is enclosed. 2 RECOMMENDATION Staff is recommending approval of the 2nd Reading of Ordinance No. 02-18 Vacating Drainage & Utility Easements, Lot 15, Block 2, NorthPointe 2nd Addition, and approval of Resolution No. 18-16, Approving Summary Publication of Ordinance No. 02-18. ATTACHMENTS 1. Ordinance No. 02-18 2. Drainage and Utility Easement Vacation Description Sketch 3. Xcel Energy Consent to Improvements 4. Resolution 18-16 1 1st Reading: 2/12/2018 Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 02-18 ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT (Lot 15, Block 2, NorthPointe 2nd Addition) The City Council of Lino Lakes ordains: Section 1: Findings of Fact 1. The City Council of Lino Lakes has determined to vacate a portion of the drainage and utility easement dedicated over, under, and across Lot 15, Block 2, NORTHPOINTE 2ND ADDITION, as shown in Exhibit A and legally described as follows: Commencing at the most northerly corner of said Lot 15; thence South 33 degrees 15 minutes 59 seconds East, assumed bearing, along the northeasterly line of said Lot 15, a distance of 66.14 feet; thence South 52 degrees 57 minutes 05 seconds West, 43.87 feet to the point of beginning of the area to be described; thence continuing South 52 degrees 57 minutes 05 seconds West, 32.13 feet; thence North 55 degrees 23 minutes 12 seconds West, 4.62 feet; thence North 34 degrees 36 minutes 48 seconds East, 30.50 feet; thence South 55 degrees 23 minutes 12 seconds East, 14.73 feet to the point of beginning. Said described area contains ±295 sq. ft.; and 2. A public hearing was held on February 12, 2018 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and reasonable attempts were made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and 3. It appears to be in the best interest of the City to vacate such drainage and utility easements; and 4. The Drainage and Utility Easement Vacation shall be recorded through Anoka County Recorder’s Office; and 5. Four-fifths of all members of the City Council concur with this ordinance. Section 2: Easement Vacated The drainage and utility easement described herein is hereby vacated. 2 Section 3: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter and upon filing of the Drainage and Utility Easement Vacation for Lot 15, Block 2, NORTHPOINTE 2ND ADDITION. Adopted by the Lino Lakes City Council this 26th day of February, 2018. The motion for the adoption of the foregoing ordinance was introduced by Council Member_____________and was duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY OF LINO LAKES RESOLUTION NO. 18-16 APPROVING A SUMMARY OF ORDINANCE NO. 02-18 FOR PUBLICATION WHEREAS, the City Council approved Ordinance No. 02-18, vacating a drainage & utility easement on Lot 15, Block 2, Northpointe 2nd Addition; and WHEREAS, the City Council approved the first reading on February 12, 2018, and the second reading and final passage on February 26, 2018; and WHEREAS, Ordinance No. 02-18 is lengthy and MN statute 412.191 allows the city to publish a summary of an ordinance, and WHEREAS, the City Council has determined that the summary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, the publication in the official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall. NOW, THEREFORE, BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes, Minnesota that the City Council approves the summary in Attachment A for publication according to state law and the City Charter. Adopted by the Council of the City of Lino Lakes this 26th day of February, 2018. 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 ATTACHMENT A CITY OF LINO LAKES SUMMARY OF ORDINANCE NO. 02-18 AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT Section 1: Findings The City Council of Lino Lakes has determined to vacate a portion of the drainage and utility easement dedicated over, under, and across Lot 15, Block 2, Northpointe 2nd Addition; and A public hearing was held on February 12, 2018 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and a reasonable attempts were made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and Section 3: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter and upon recording of the Drainage and Utility Easement Vacation. Passed by the Lino Lakes City Council on February 26, 2018. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: February 26, 2018 TOPIC: Consider Resolution No. 18-10, Approving Payment No. 3 and Final, 2017 Mill and Overlay Project VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council action to finalize the 2017 Mill and Overlay Project. BACKGROUND The 2017 Mill and Overlay Project included 2nd Avenue, Glenview Avenue/Lane, and Parkview Drive. The construction contract was in the amount of $492,673.18 and the final payment earned by the contractor for this project is $420,516.93. Thus the contract was under budget by $72,156.25. The final payment to North Valley, Inc. is for $21,025.85. This project was funded through the annual Public Service – Streets budget. RECOMMENDATION Approve Resolution No. 18-10, Approving Payment No. 3 and Final, 2017 Mill and Overlay Project in the amount of $21,025.85 to North Valley, Inc. ATTACHMENTS 1. Resolution 18-10 2. Pay Request No. 3 & Final CITY OF LINO LAKES RESOLUTION NO. 18-10 APPROVING PAYMENT NO. 3 AND FINAL FOR THE 2017 MILL AND OVERLAY PROJECT WHEREAS, pursuant to resolution 17-27 of the Council adopted April 10, 2017, awarding the contract for the 2017 Mill and Overlay Project to Valley North, Inc. WHEREAS, a complete summary of costs are detailed in Payment No. 3 (Final); NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes that Payment Request No. 3 (Final) is approved for a final contract amount of $420,516.93. Adopted by the Council of the City of Lino Lakes this 26th day of February, 2017. 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 6C STAFF ORIGINATOR: Michael Grochala MEETING DATE: February 26, 2018 TOPIC: Consider Resolution 18-17, Authorize the Preparation of Plans and Specifications, 2018 Trunk Watermain Project VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to authorize the Preparation of Plans and Specifications for the 2018 Trunk Watermain Project. INTRODUCTION The 2030 Comprehensive Plan identifies trunk watermain improvements to strengthen the City’s municipal water system. An analysis of the City’s Water Supply Plan has identified an area in need of trunk watermain improvements. Trunk watermain improvement projects are based on safety and functionality needs, input from Public Works, and feasibility of locations. The proposed improvement project will create a looped water system that will provide residents with high quality water supply and adequate pressure for fire demand. The proposed project includes the following trunk water main improvements: 1. The installation of approximately 1,100 feet of 12-inch diameter trunk watermain from Marshan Lane to Park Court. 2. The installation of approximately 330 feet of 12-inch diameter trunk watermain, from an existing line (from Well No. 6) to Well No. 3. With the watermain construction along Lake Drive the City plans to install a 10 foot wide bituminous trail along the same corridor from Marshan Lane to Park Court. The budget for the project is $415,000. Funding for the project is provided from trunk utility area & unit fund, and the parks & trail fund. The proposed schedule for this project is as follows: City Council Authorizes Plans and Spec’s Feb. 26, 2018 City Council Orders Project & Approves Plans and Specifications April 9, 2018 City Council Authorizes Ad for Bids April 9, 2018 City Open Bids May 21, 2018 City Council Awards Contract May 29, 2018 Construction Begins June, 2018 Final Completion August 31, 2018 WSB and Associates, the City Engineer, have submitted a proposal to complete the land acquisition, plans and specifications, and provide bid documents, for an amount not to exceed $39,352.00 based actual time spent on the project. RECOMMENDATION Staff is recommending approval of Resolution No. 18-17, authorizing the Preparation of Plans and Specifications, 2018 Trunk Watermain Project. ATTACHMENTS 1. Resolution No. 18-17 2. WSB Proposal CITY OF LINO LAKES RESOLUTION NO. 18-17 RESOLUTION AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2018 TRUNK WATERMAIN PROJECT WHEREAS, The City of Lino Lakes 2030 Comprehensive Plan identifies trunk water main improvements to strengthen the City’s municipal water system, 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 preparation of plans and specifications; and WHEREAS, WSB and Associates, the City Engineer, has submitted a proposal to prepare plans and specifications. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes: 1. Authorizes the Preparation of the Plans and Specifications for the 2018 Trunk Watermain Project. 2. WSB and Associates are designated as the engineer for this improvement and directed to prepare plans and specifications for the 2018 Trunk Watermain Project for an amount not to exceed $39,352.00. Adopted by the Council of the City of Lino Lakes this 26th day of February, 2018. 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 engineering planning environmental construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Equal Opportunity Employer wsbeng.com S:\Community Development\Projects\Capital Improvement Projects\2018 Trunk Watermain Project (Trail)\Budget\WSB\Lake and Birch\20171023 WSB proposal for Design Services.doc February 15, 2018 Mr. Michael Grochala Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Re: 2018 Trunk Watermain Project (Lake Drive Watermain Looping and Bituminous Trail from Marshan Lane to Park Court, and Birch Street Watermain Connection near Well No. 3) Dear Mr. Grochala: We are pleased to submit our design service budget to the City of Lino Lakes for the Lake Drive Watermain Looping and Bituminous Trail, and Birch Street Watermain Connection Project. The project includes: 1. The installation of approximately 1,100 feet of 12-inch diameter trunk watermain and the construction of a bituminous trail from Marshan Lane to Park Court. 2. The installation of approximately 330 feet of 12-inch diameter trunk watermain, from an existing line (from Well No. 6) to Well No. 3. The estimated construction cost of the project is $415,000.00. Based on the discussions with staff, WSB would perform the following tasks: 1. Acquisition Services WSB staff will review and verify title information, meet with the landowners, and prepare minimum damage acquisition reports for three parcels. Our staff will prepare the offer package, the memorandum of agreement, and easement agreements. We will present the offer, and negotiate to reach a settlement for acquiring the easements on behalf of the City of Lino Lakes. WSB staff will provide legal descriptions, parcel sketches, and staking for the easement areas for the project. Mr. Michael Grochala February 15, 2018 Page 2 S:\Community Development\Projects\Capital Improvement Projects\2018 Trunk Watermain Project (Trail)\Budget\WSB\Lake and Birch\20171023 WSB proposal for Design Services.doc Sub-Consultant Title Reports: O & E Reports will be provided for the three parcels impacted as part of the project. If the City elects to purchase title commitments and the insurance for these commitments, that would be a cost paid directly by the City and is not included as part of this estimate. Assumptions:  Three parcels will be impacted by project.  Acquisition services are estimated through the title and possession date of May 1, 2018. If additional negotiation services are required past the title and possession date, they will be provided at our hourly fee if our contract amount has been reached.  No Right of Way Certificate #1 is needed. City Tasks:  City Attorney will provide template of conveyance and mortgage release documents.  Record conveyance documents  Review MDAs and approve Authorization to Present Offers 2. Preliminary and Final Design WSB will provide the resources, experience, and knowledge to deliver the preliminary design phase for this project. Our scope of services for this phase is outlined below:  Watermain and trail design  Geotechnical evaluation (2 borings along Lake Drive)  Provide topographic survey  Collect private and public Utility Data using GSOC  Prepare Opinion of Probable Cost  Prepare plans and/or maps indicating the project alignment 3. Prepare Permits, Specifications, and Bidding Documents WSB will assist the City in obtaining approvals from governmental authorities having jurisdiction over the project if it is determined that they are needed. WSB will assist the City in preparing permit applications and/or approval requests and will assist the City with submitting the applications/approval requests to the appropriate regulatory agencies. Permit applications and/or agency review submittals are anticipated for RCWD and MDH. Mr. Michael Grochala February 15, 2018 Page 3 S:\Community Development\Projects\Capital Improvement Projects\2018 Trunk Watermain Project (Trail)\Budget\WSB\Lake and Birch\20171023 WSB proposal for Design Services.doc WSB will develop the final project plans/maps and specifications based on the agency review comments. This task will include an internal QA/QC review of the final plans, quantities, and specifications. Upon completion of permitting and agency review and approval, a final set of construction documents will be prepared for bidding. WSB will print, assemble, and submit the final contract documents to the City and request authorization to advertise the project for bidding. WSB will receive and respond to bidder inquiries concerning the plans, specifications, and intent of the project. Logs of all inquiries will be kept and maintained to document inquiries. WSB will attend the project bid opening with the City. WSB will review the low bidder’s bid proposal, contractor’s and subcontractor’s personnel proposed for the project and relative experience. The engineering fee to complete the Lake Drive Watermain Looping and Bituminous Trail, and Birch Street Watermain Connection Project (not to exceed): Geotechnical Evaluation $2,538.00 Topographic Survey $1,720.00 Easement Acquisition $13,368.00 Design & Wetland Delineation $6,704.00 Permits $1,594.00 Plan and Specification $7,196.00 Bidding Administraton $6,232.00 Total $39,352.00 This letter represents our understanding of the Lake Drive Watermain Looping and Bituminous Trail, and Birch Street Watermain Connection Project and the proposed scope of services. If you are in agreement with the scope of services and proposed fee, please sign in the appropriate space below and return one copy to us. If you have any questions about this proposal, please feel free to call me at 612-360-1298. Sincerely, WSB & Associates, Inc. Diane Hankee, PE Associate Attachment Mr. Michael Grochala February 15, 2018 Page 4 S:\Community Development\Projects\Capital Improvement Projects\2018 Trunk Watermain Project (Trail)\Budget\WSB\Lake and Birch\20171023 WSB proposal for Design Services.doc ACCEPTED BY: The City of Lino Lakes hereby accepts the WSB proposal for services outlined in this letter. City of Lino Lakes Name Title Date Lake Dr Watermain Looping & Bituminous Trail, and Birch St Watermain Connection City of Lino Lakes Anoka County Base Estimated Hours Engineering Graduate Associate /Project Project Specialist Engineer 2-Person Office Total Drilling Crew RLS Manager Engineer V IV Survey Crew Technician Hours Cost Task Description 1 A.Existing Conditions Base Map 4 6 10 1,430.00$ B.Geotech Evaluation 8 4 4 2 18 2,538.00$ C.Collect background data and private utility info 4 2 6 694.00$ Subtotal 8 8 4 4 2 8 34 4,662.00$ 2 A.Topographic Survey 10 10 1,720.00$ Subtotal 10 10 1,720.00$ 3 A.General Info Letter, Field Title Report, Min Damange Report 6 42 16 5 10 79 11,164.00$ B.Offer Negotiations 4 4 2 10 1,454.00$ C.Sub Consultant - Title Work O & E Reports 750.00$ Subtotal 10 46 16 5 12 89 13,368.00$ 4 A.Final Plans 1.Title Sheet 1 2 3 417.00$ 2.Removals/Demolition Plan 1 2 2 5 607.00$ 3.Construction Plans 4 2 2 40 48 6,298.00$ 4 Standard Details 1 2 2 2 4 11 1,330.00$ 5 Traffic Control/Detour Plan 1 2 1 2 6 740.00$ 6 Quantity Take Off 1 2 2 4 2 11 1,320.00$ 7 Wetland Delineation Ditch at Lake Dr 10 4 4 6 24 3,008.00$ B.SWPPP Plan -$ 1.Prepare Plan 2 2 274.00$ 2.Prepare report 2 2 252.00$ C.Bidding Administration -$ 1.Construction Specifications 4 2 2 10 18 1,962.00$ 2.Advertise bids 2 2 4 474.00$ 3.Create/Distribute Bid Package 1 1 2 8 12 1,243.00$ 4.Respond to RFIs from prospective bidders 1 2 2 4 9 963.00$ 5.Project Meetings 1 1 2 2 6 673.00$ 6.Bid Opening/Tabulate results 1 1 1 3 389.00$ 7.Letter of Award recommendation to City 1 2 3 340.00$ 8 Prepare Notice of Award and Contract 2 2 188.00$ Subtotal 7 24 29 15 36 58 169 20,478.00$ 5 *Special Services are categorized as pass through items A.Permits 1 RCWD Watershed District 2 6 2 10 1,124.00$ 2 Anoka County Right of Way x2 3 3 282.00$ 3 MDH Watermain Extension 2 2 188.00$ Subtotal 2 11 2 15 1,594.00$ Total Hours 8 25 72 44 35 38 5 80 307 Hourly Costs 160.00 152.00 143.00 94.00 126.00 95.00 172.00 137.00 Total Direct Labor Costs $1,280.00 $3,800.00 $10,296.00 $4,136.00 $4,410.00 $3,610.00 $860.00 $10,960.00 TOTAL PROJECT COST 39,352.00$ Budgeted Hours Special Services* Preliminary Design Topographic Survey Design Acquisition Services 5 parcels CITY COUNCIL AGENDA ITEM 6D STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: February 26, 2018 TOPIC: Consider Resolution No. 18-18, Appointing Representative to Watershed Based Funding Work Group, Michael Grochala VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council consideration to appoint the Community Development Director to serve on the Watershed Based Funding Group. BACKGROUND The Minnesota Board of Water and Soil Resources (BWSR) has implemented a Clean Water funding program to provide performance based grand to local government units. Within the Seven-County Metropolitan Area BWSR has provided an opportunity for funding through a collaborative process at the county level involving watershed districts, water management organizations, cities and townships. Under the program $826,000 is available to the Anoka County area for water quality improvement projects. Eligible recipients are local governments that have a current state approved and locally adopted water management plan. The City’s draft plan was approved for distribution and review by the watershed district in December of 2017. Local units of government must choose to participate in the process to maintain eligibility. Under the collaborative process a work group must be established from eligible participants to develop a work plan for possible projects. The Anoka Conservation District is organizing the work group. Interested communities must appoint a representative to the work group to maintain eligibility. RECOMMENDATION Staff is recommending approval of Resolution No. 18-18, Appointing Representative to Watershed Based Funding Work Group. ATTACHMENTS 1. Resolution No. 18-18 2. BWSR Watershed Based Funding FAQ CITY OF LINO LAKES RESOLUTION NO. 18-18 APPOINTING REPRESENTATIVE TO THE WATERSHED BASED FUNDING WORK GROUP WHEREAS, the State has initiated a new Watershed Based Funding Pilot under Laws of Minnesota 2017, Chapter 91, Article 2, Section 7 (a); and WHEREAS, the City of Lino Lakes, Minnesota may be an eligible recipient of funding; and WHEREAS, the funding may be used to implement activities in State-approved, locally adopted comprehensive watershed management plans developed under Minnesota statutes 103B.101, subd. 14 or 103B.801 (One Watershed One Plan), watershed management plans required under 103B.231 (metro watershed management organization and watershed district plans), or county groundwater plans under 103B.255 and have a primary benefit towards water quality; and WHEREAS, county-wide collaborative meetings of eligible funding entities are planned between January and July 2018 to develop a work plan for funding implementation; and WHEREAS, participation in a county-wide collaborative effort of eligible funding entities requires the City of Lino Lakes to assign a representative with authority to represent the position of Lino Lakes through discussions and decision-making; and WHEREAS, the City of Lino Lakes wishes to designate a representative to participate in this process; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA, selects Michael Grochala, Community Development Director to represent the City of Lino Lakes on the above-reference matters; and BE IT FURTHER RESOLVED, in the absence of the representative named above, that person may assign their duties and authorities to an alternate of their choosing. Adopted by the Council of the City of Lino Lakes this 26th day of February, 2018. 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 www.bwsr.state.mn.us 1 FY 2018-19 Clean Water Fund Watershed-based Funding Pilot Program: Metropolitan Area Specific Questions Frequently Asked Questions (FAQs) The Watershed-based funding pilot in the Seven-County Metropolitan Area is being implemented differently than the rest of the state, recognizing that comprehensive watershed management planning has been taking place in this area since 1982. The following questions apply to the Metro Area only. Q1: Projects identified in Metropolitan Groundwater plans are considered eligible. How will these projects be compared to surface water projects? A: Prioritization between groundwater and surface water will be decided by the local partnership: funding is intended to be holistic and flexible so priorities and projects for each can be included in the budget request if the partners agree on prioritizing both. Q2: Are cities and townships within the 7-County Metro Area eligible for this funding, and what if they wish not to participate in the process? A: Cities and townships with approved local water plans under Minn. Stat. 103B.235 are eligible to receive funds. A city or township may choose not to participate and; therefore, would not be eligible to directly receive watershed-based funding. Cities and townships will be invited to a county-wide convene meeting by a group facilitator. The invitation will include a deadline for responding to the invitation. Lack of response by the deadline will be considered a decision not participate. Q3: Can cities and townships, or Joint Powers Watershed Management Organizations (JPA WMOs) representing those cities and townships, participate in metro convene meetings? A: Cities and townships with approved local water plans under Minn. Stat. 103B.235 should be invited to participate; watershed districts, JPA WMOs, counties (with approved groundwater plans), cities, townships and SWCDs are all eligible for these funds and should have an opportunity to participate in the collaborative process. February 5, 2018 Q4: Do cities and townships have an unfair advantage in the decision making process if a JPA WMO representing cities is attending meetings as well as city/township representatives themselves ? A: As part of the metro-area pilot, the local governments within a county geographic area are responsible for deciding the decision making structure they will use. Participants are encouraged to select an equitable process. Q5: What documentation is required by BWSR to demonstrate that a local government is or is not participating in the Watershed-based Funding pilot? A: The communication or invitation sent by the group facilitator for the convene meetings should include a deadline for responding to the invitation and a statement indicating that no response will be interpreted as declining to participate. If a local government has decided to participate in the convene meetings, they can accept meeting invitations or provide a written acceptance to the group facilitator stating they wish to participate in the process. If a local government has decided not to participate in a collaborative process, they can decline invitations to scheduled meetings or provide a written indication to the group facilitator stating they do not wish to participate in the process. Q6: Who will the invitation to participate be sent to? A: For cities and townships, the invitation should be sent to the person with responsibility for the local water plan, with the city administrator or township clerk copied. For the watershed districts and JPA WMOs, the invitation should be sent to the organization administrator or the board chair if there is not an administrator. For SWCDs, the invitation should be sent to the district manager. Q7: What documentation is required by BWSR to demonstrate that a local government is participating in the collaborative process for the Watershed-based Funding pilot? A: Due to local matching requirement involved, a local government wishing to participate in a collaborative process, should follow their own procedures and policies regarding receiving state grant funding. This may include a board resolution or motion acknowledging the intent to move forward with identified projects and providing necessary match. Q8: What documentation is required by BWSR to demonstrate a collaborative partnership amongst multiple local governments within a county geographic area for the Watershed-based Funding pilot? A: As part of the metro-area pilot, the local governments within a county geographic area need to decide how funds would be allocated amongst the participating partners. If partners will work independently of one another, the local governments that will directly receive funding should have the board’s approval per resolution of accepting state funds and providing the necessary matching dollars. February 5, 2018 If the partners in the county geographic area will have one fiscal agent responsible for managing and distributing the funds, it may be in the best interest of the partners to have some type of formal agreement. In some cases, existing contracts for services between entities may suffice depending on the terms of the contract. Other options may include Joint Powers Agreements, Memorandums of Agreement (MOA) or Memorandums of Understanding (MOU). Ultimately, is for the local governments to decide what is necessary. Q9. Are activities identified in a SWCD Comprehensive Plan or a City Water Plan considered eligible? A: The policy for this pilot programs requires eligible activities to be identified in the state approved, locally adopted comprehensive watershed management plan developed under Minnesota statutes §103B.101, Subd. 14 or §103B.801, watershed management plan required under §103B.231, or county groundwater plan authorized under §103B.255 and have a primary benefit towards water quality. So, if the activity in the SWCD Comprehensive Plan or City Water Plan is also identified in the plans listed in section 3 of the policy, it is eligible. It is not expected that implementation activities, programs or projects that are being proposed by a SWCD for the Pilot be identical to those that are in a watershed management or county groundwater plan, but rather they should align with priorities and objectives of these plans. For example, if watershed management plans all identify surface water volume control as a priority goal or objective, then a cover crop or soil health initiative proposed by the SWCD would align well with those objectives and could be brought into the collaborative work request process. Q9: How does the competitive funding work if multiple counties decide to go to a competitive process? A: Funding for counties that decide to go to a competitive process will get pooled, and all eligible local governments within those counties will be able to compete for the total pool of funding. Q10: Do Soil and Water Conservation Districts (SWCD) get the first right of refusal as the group convener? A: BWSR is acknowledging the Local Government Water Roundtable Policy Paper recommendation that the SWCD, if they so choose, be the organization to convene and facilitate the meetings of local governments within the county. However, the local governments can decide which entity they want to organize the process. Q11: Does a WD, WMO or city or township whose boundary spans more than one county need to participate in multiple county meetings if they wish to access funds in each area? A: Yes. Q12: Does funding from one county only go to projects within that county, or can it be spent ou tside the county border by a participating partner who boundary spans multiple counties? A: A situation of this type would have to be reviewed by BWSR staff. February 5, 2018 Q13: What is included in the eLINK budget request and work plans? A: If a Collaborative Work Request is developed within a county geographic area, the written document must contain 1) a description of the partnership and decision-making process used to select projects and programs, 2) the timeframe of the Collaborative PTM Implementation plan (For FY18-19 Funding only or extended beyond that) and 3) implementation actions, responsible party, watershed or groundwater plan reference, timeframe, and costs for activities that will be implemented with the available Pilot Funds and, if applicable, any activities that have been prioritized by the group beyond available funding. This can be a simple spreadsheet. The eLINK budget request and work plan would reflect the budget and proposed measurable outcomes of those programs and projects proposed to be being funded with Watershed-based Funding dollars. Q14. How is the decision made within the county to go collaborative or competitive? A: The convened group of local governments within each county geographic area needs to come up with a mechanism for making this decision. Q15. If a simple majority is decided on and the group goes with the collaborative option, can the minority opt out? A: Yes, but they would be ineligible to be recipients of Watershed-based funds. Q16. Why isn’t the metro funding anticipated to grow over the next 8-10 years like the non-metro funding is anticipated to grow? A: The metro area is fully planned. It is recognized that the non-metro will need more funding as more 1W1P planning areas become eligible for watershed-based funding. However, amounts will be impacted by appropriations to watershed-based funding and the rate of comprehensive watershed management plan completion across the state. Q17. How often to do we have to get together to make a collaborative work request document? A: Every two years, per biennium. However, local governments could create a document that extends beyond 2 years if they so choose. Q16. How should priorities be split within a county when there is more than one major hydrological system? A: The local governments will have to decide and agree upon priorities within the county. They could go competitive if an agreement can’t be reached. Q17. Could a county go competitive for the first biennium and choose to do a collaborative process two or four years later? A: Yes, although given that this is a pilot, things could change by that time. February 5, 2018 Q18. If a collaborative request includes a project that needs a feasibility study, does that study need to be in the submission? A: Yes, if the feasibility study is needed prior to implementing the project and watershed-based funding will fund the feasibility study. Q19. If a WMO or WD has a current plan that is expired, is the local government able to receive funding? A: No. Q20. How are the different plans defined as current? A: Watershed management organizations and metro watershed districts plans are not current if the management plan is more than 10 years beyond the BWSR plan approval date unless the plan states a lesser period of time. Q21. Can Watershed-based funding pay for staff time? A: Yes. Eligible activities can consist of structural practices and projects; non-structural practices and measures, program and project support, and grant management and reporting. CITY COUNCIL AGENDA ITEM 6E STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: February 26, 2018 TOPIC: i. Consider Resolution No. 18-19, Approving Escrow Deposit Agreement with Jorgenson Construction Inc. ii. Consider Resolution No. 18-20, Approving Change Order No. 3 and Final Pay Application, Fire Station No. 2. VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council approval of an escrow deposit agreement with Jorgenson Construction Inc. along with approval of Change Order No. 3 (-13, and Final Pay Application No. 9 fort in the amount of $90,193.38 to Jorgenson Construction, Inc. for the construction of Fire Station No. 2. BACKGROUND The construction contract for the Fire Station No. 2 Project was awarded to Jorgenson Construction, Inc. on February 23, 2015 in the amount of $3,847,100. The project included site grading and surface water management facilities, construction of Fire Station No. 2, and construction of internal roads. The project was substantially completed on December 18, 2015. However, final payment was withheld pending completion of certain repair and replacement items noted in the final walk through. Additionally, several landscaping items could not be finished until the following summer. Failure of some turf establishment, along with required tree replacement, has led to additional delays in the project completion. At this time all work items have been completed with the exception of 12 trees proposed for replacement in spring of 2018. In the interest of closing the project, staff is proposing execution of a deposit agreement between the City and Jorgenson covering the replacement tree cost. Under the terms of the agreement Jorgenson Construction will provide a cash deposit in the amount of $10,500. This amount is calculated as 12 trees x $700 per tree x 125%. Jorgenson will have until June 1, 2018 to replace the trees. If the work is not completed the escrow funds will be used to reimburse all City costs, including staff time, to complete the replacement. Staff is also requesting approval of Change Order No. 3 which represents a deduct of $13,401.00 from the contract price. The amount includes changes related to locking mechanisms on 2 doors ($600) and overall project delays costs ($14,000) resulting in project completion 14 days after the contracted completion date of December 4, 2015. Change Orders No. 1 and 2, adjusted the construction cost to $3,904,042.00. With approval of Change Order No. 3, the final construction cost payable to Jorgenson Construction Inc., is $3,890,641.00. The final payment amount to Jorgenson Construction, including retainage is $90,193.38. RECOMMENDATION Staff recommends adoption of Resolution No. 18-19, approving deposit agreement and Resolution No. 18-20 approving CO No. 3 and Pay Application No. 9 (final) to Jorgenson Construction, Inc. in the amount of $90,193.38. ATTACHMENTS 1. Resolution No. 18-19 2. Deposit Agreement 3. Resolution No. 18-20 4. Change Order No. 3 5. Final Pay Voucher No. 9 CITY OF LINO LAKES RESOLUTION NO. 18-19 APPROVING ESCROW DEPOSIT AGREEMENT JORGENSON CONSTRUCTION INC. FIRE STATION NO. 2 WHEREAS, pursuant to Resolution No. 15-20, adopted February 23rd, 2015, the City Council awarded the contract for the Fire Station No. 2 Project to Jorgenson Construction Inc.; and WHEREAS, Jorgenson Construction, Inc. has completed construction of the project requirements with the exception of twelve replacement trees due to seasonal restrictions; and WHEREAS, the City and the Contractor wish to enter into an escrow agreement whereby the City holds 125% of the value of the trees in escrow until such time as the tree plantings are completed and approved by the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Escrow Deposit Agreement is hereby approved and the Mayor and City Clerk are authorized to sign the agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 26th day of February, 2018. 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 OF LINO LAKES RESOLUTION NO. 18-20 APPROVING CHANGE ORDER NO. 3 AND FINAL PAYMENT TO JORGENSON CONSTRUCTION INC. FIRE STATION NO. 2 WHEREAS, pursuant to Resolution No. 15-20, adopted February 23rd, 2015, the City Council awarded the contract for the Fire Station No. 2 Project to Jorgenson Construction Inc.; and WHEREAS, Change Order No. 3 has been prepared to account for internal building modifications and delays in project completion; and WHEREAS, Jorgenson Construction, Inc. has completed construction of the project, and a summary of costs are detailed in Payment No. 9 (Final); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that Change Order No. 3 in the deduct amount of ($13,401.00) is hereby approved. BE IT FURTHER RESOLVED, that Pay Application No. 9 (final), payable to Jorgenson Construction, Inc. in the amount of $90,193.38, is approved. Adopted by the Council of the City of Lino Lakes this 26th day of February, 2018. 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 2/13/18 90,193.38 CITY COUNCIL AGENDA ITEM 6F STAFF ORIGINATOR: Marty Asleson MEETING DATE: February 26, 2018 TOPIC: Textile Recycling/ Reuse VOTE REQUIRED: 3/5 INTRODUCTION Previously submitted to the City Council, the Council requested that the contract agreement between the City and Simple Recycling have language requiring a City Council approval for each and every license renewal. City Attorney Joe Langel reviewed the document and made changes requiring City Council approval for each contract renewal. BACKGROUND EPA estimates 70 lbs. / person of clothing is thrown away each year. Eighty five percent of textiles are not recycled or donated. Simple Recycling is providing a free residential curbside pickup service to collect all types of clothing, shoes, accessories, and household goods. A mailer will be sent out to residents including specially designed recycling collection bags and informational materials. Residents need to bag the acceptable items and place bags at the curb on the recycling collection day by the recycling cart. Simple Recycling will collect the bags with a small truck (utility or appliance repair-type truck). The drivers will 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 will receive a tonnage report quarterly, which can be included in SCORE tonnage report. Also, the city will be compensated $20 per ton for the material collected by Simple Recycling. Simple Recycling wishes to enter into agreement for the Collection of Soft Recyclables with the City of Lino Lakes. The Simple Recycling Agreement is attached. The Simple Recycling Agreement is a contract. This method of curbside recycling is different from city code requirements. In City Code, (4) Curbside Solid Waste/Recycling companies are allowed to operate in the City of Lino Lakes and must pay a yearly license fee. Simple Recycling has agreed to an initial (1) year trial contract and mandatory Council approval for each license renewal after. Changes made to the contract for this mandatory Council approval is highlighted in “1. Term” of the agreement to say “At the end of the Initial Term Contractor and Lino Lakes may renew for an additional five (5) year terms upon approval by the Contractor and the Lino Lakes City Council.” With the changes made, Staff is asking Council to reconsider the Contract proposal with Simple Recycling. RECOMMENDATION To accept Resolution 18-15 Simple Recycling Agreement ATTACHMENTS 1. Revised Agreement of Collection of Soft Recyclables 2. Resolution 18-15 Resolution to accept a one year trial Contract with Simple Recycling. AGREEMENT FOR COLLECTION OF SOFT RECYCLABLES This Agreement for the Collection of Soft Recyclables (“Agreement”) is made and entered into this___ day of _________, 20____, (the “Date of Execution”) by and between the City of Lino Lakes a municipal corporation with an address at 600 Town Center Parkway, Lino Lakes, MN 55014 (herein referred to as “Lino Lakes”), and Great Lakes Recycling, Inc. d/b/a Simple Recycling, an Ohio corporation with a business address at 5425 Naiman Parkway, Solon, OH 44139 (together which with its successors and assigns, herein referred to as "Contractor"). W I T N E S S E T H: WHEREAS, Contractor 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 has selected Contractor to collect, identify, haul, recycle and/or dispose of Soft Recyclables in Lino Lakes’ Service Area; and WHEREAS, Contractor can provide such services 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 Now, THEREFORE, in consideration of the premises and material promises set forth below and other consideration the receipt and sufficiency of which is hereby acknowledged by the parties, Contractor and Lino Lakes (herein collectively called the “Parties”) hereby agree as follows: 1.Term. This Agreement shall begin upon the Date of Execution and continue for an initial term of one year from the execution date of this Agreement (the “Initial Term”). At the end of the Initial Term Contractor and Lino Lakes have the right to may renew for additional five (5) year terms upon mutual agreement approval by Contractor and the Lino Lakes City Council (each such term an “Extension Term” and collectively, the “Term”). Unless either Party provides written notice to the other Party at least sixty (60) days prior to the end of the Initial Term or any Extension Term, the Term shall automatically renew. During the Term, Contractor shall have the sole and exclusive right to pick up Soft Recyclables in Lino Lakes’ Service Area through municipal contracted pick up. 2.Contractor’s Program Commencement. During the Term, Contractor agrees to begin providing program services immediately following the execution of this document. The Date of Commencement will be no later than six (6) months from the Date of Execution of this Agreement. On the Date of Commencement, Contractor agrees to furnish all labor, equipment, tools, and services required and necessary for the collection and disposal of Soft Recyclables within Lino Lakes and provide qualified supervisory personnel to direct the activities of Contractor under this Agreement. 2 3. Collection Vehicles. All collection vehicles used in performance of the Agreement shall be duly licensed and inspected by the State of Minnesota and shall operate within the weight allowed by Minnesota statutes. Contractor shall obtain all pertinent licenses from the City, County and State. In addition, all vehicles must be: a) Clean and maintained in proper working order; b) Clearly identified on both sides with Contractor’s name and customer service telephone; and c) Equipped with a two-way communications device, first aid kit, appropriate equipment for cleaning up spills and/or leaks, and all safety equipment required by the Federal, State of Minnesota, and local governing bodies, including federal and state Departments of Transportation. 4. Collection Procedures. During the Term and after the Date of Commencement, Contractor shall collect all acceptable Soft Recyclables set-out for recycling and collection by Residential Customers in approved Containers. The decision of what is an "acceptable" Soft Recyclable shall be made in the sole reasonable discretion of Contractor. However, in no event shall Contractor be required to accept any Excluded Items which include, but are not limited to the following items: garbage, hazardous waste, carpet, newspapers, mattresses, large furniture, large appliances, yard waste, and electronic waste considered to be “covered electronic devices” under M.S. 115A.1310 (computers, peripherals, facsimile machines, DVD players, video cassette recorders, and video display devices) and in no event shall Contractor provide service to Commercial Customers. Contractor shall not be responsible for collecting Soft Recyclables which have fallen or been placed Curbside but are not in a Container. Contractor agrees to operate collection vehicles in such a manner to prevent materials from being blown from the vehicle. If at any time during collection and transport, Soft Recyclables are spilled onto a street, sidewalk, or private property, Contractor shall clean up and place in the collection vehicle all Soft Recyclables before the vehicle proceeds to the next stop on the collection route or shall promptly make all other reasonably necessary arrangements for the immediate clean-up of spilled Soft Recyclables. Contractor agrees to remove and dispose of all Soft Recyclables at no cost to Lino Lakes. 5. Collection Events. Contractor shall provide services for collection of Soft Recyclables at annual spring and fall Citywide Clean-up events on dates specified by Lino Lakes. Contractor will provide collection container or vehicle and personnel to run the collection of Soft Recyclables. 6. Ownership. Soft Recyclables set out for collection on the regularly scheduled collection day remains the responsibility and ownership of the property owner or tenant until handled by the Contractor at which point they become the responsibility and ownership of the Contractor. 7. Set Out Procedures. Residents shall place Soft Recyclables into Containers and place Containers at Curbside for collection. Overflow material shall be placed adjacent to the Container(s) in plastic bags or other easily handled container. Soft Recyclables shall not be set out in tied bundles. Contractor must collect all Soft Recyclables that are set out in this manner and are placed within seven (7) feet of the Curbside. Containers shall be placed in a manner that will not interfere with or endanger the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, Containers shall be placed as close as practicable to an access 3 point for the collection vehicle. Contractor may decline to collect any Soft Recyclables not set out in accordance with this paragraph. 8. Contamination and Improper Set Out. If Contractor encounters any improperly packaged Soft Recyclables or other contaminants in the Container, Contractor may leave those materials in the Container or remove them from the Container and leave them Curbside. Contractor must place a tag on the contaminant(s) that is not collected, collect the acceptable items, and leave contaminants at Curbside. 9. Collection Schedule. Contractor shall divide the Service Area into collection areas to coincide with Lino Lakes collection dates and geographic area, between the hours of 7 a.m. and 6 p.m., Monday through Saturday. Collections shall be made from Service Recipients on a regular schedule in accordance with the existing Lino Lakes recycling pickup schedule. However, Contractor has the option to alter the frequency of the scheduled pickups if requested in writing by the Contractor and approved by Lino Lakes. Contractor shall not be required to perform any service under this Agreement on Holidays. Following all Holidays, each Residential Customer shall receive collection service on the day following its normally scheduled collection with the weeks work to be finished by Saturday. Contractor may interrupt the regular schedule and quality of service because of street repairs, snow or other closures of public routes, which in Contractor's sole reasonable discretion makes the pick- up of the Soft Recyclables from a Service Recipient impracticable under the circumstances. 10. Inventory of Containers. During the term of this Agreement, Contractor shall purchase (at its sole cost) and maintain an inventory of acceptable and approved Containers for distribution to Service Recipients. Prior to commencement of service under this Agreement, Contractor shall provide new Containers to each Service Recipient. Containers shall initially be delivered to Service Recipients with an informational brochure on the recycling collection program described herein that is produced and printed by the contractor and approved by Lino Lakes, which approval shall not be unreasonably withheld (the “Program Brochure”). 11. Missed Collections and Complaints. Service Recipients shall be instructed in the informational brochure by Lino Lakes to report missed collections and complaints to Contractor. The Program Brochure and other program information shall include contact information for the Contractor to facilitate communication from Service Recipients. Contractor shall give prompt and courteous attention to all reported missed collections and complaints. 12. Contractor’s Fee. After the Initial Term, the Contractor shall pay to Lino Lakes a contract fee of One Cent ($0.01) per pound of gross receipts of Soft Recyclables in Lino Lakes. Payments shall be made to Lino Lakes not more than thirty (30) days following the close of each calendar month during the term of this Agreement. Weight shall be collected and documented upon completion of each collection day. A monthly tonnage report shall be sent to the City of Lino Lakes at the end of each month. 13. Publication Information and Education Program. Lino Lakes shall provide public information in the normal course to inform Service Recipients of this recycling program. The content and timing of Lino Lakes public information shall be coordinated with and approved by Contractor. Contractor may prepare and distribute its own promotional materials subject to Lino 4 Lakes approval, which approval shall not be unreasonably withheld. Contractor shall participate in Lino Lakes directed promotion and education efforts as outlined below: a. During the course of the routine recycling pick up, provide and distribute notices regarding rejected materials and proper set out procedures. b. Training of employees to deal courteously with customers on the telephone and on- route to promote the collection service and explain proper material preparation. c. Coordinate with Lino Lakes for distribution of written promotional and instructional materials directly to Service Recipients. d. Be available a minimum of two times per year to participate in promoting the collection service at an area fair, neighborhood association program, school, or community event. e. Provide advice to Lino Lakes on promotion and education material content and presentation. 14. Telephone and Customer Service. Contractor shall maintain and staff a local toll- free telephone number where complaints of Service Recipients shall be received, recorded and handled by Contractor, between the hours of 9:00 AM and 4:30 PM Monday through Friday, excluding Holidays. Typically, all "call backs" shall be attempted a minimum of one time prior to 6:00 p.m. on the day of the call. If the caller is not contacted on the first attempt, Contractor shall make subsequent attempts on the next working day after the original call. Contractor shall make a minimum of three (3) attempts within twenty-four (24) hours of the receipt of the call. All attempts to contact the caller shall be recorded on a log kept by Contractor. 15. Marketing and Disposition of Recyclable Material. Contractor shall be solely responsible for the marketing and sale of collected Soft Recyclables, and shall be solely responsible for the storage and disposition of the Soft Recyclables in the event it is unable to sell the Soft Recyclables in a timely manner. If Excluded Items or materials banned from disposal in municipal solid waste by the State of Minnesota are collected, knowingly or unknowingly, the Contractor shall be solely responsible for recycling or disposal of items as required by the State of Minnesota. 16. Insurance. During the term of this Agreement Contractor agrees to keep in force, with an insurance company licensed to transact business in Minnesota, an "occurrence basis" insurance policy or policies indemnifying, defending and saving harmless Lino Lakes from all damages (except for damages caused by Lino Lakes’ own negligence, willful misconduct or failure) which may be occasioned to any person, firm, or corporation, whether damages are by reason of any willful or negligent act or acts on part of Contractor, its agents or employees, with limits no less than: a. General Liability: One Million and no/100 Dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury, and property damage. b. Vehicle Liability: Two Million and no/100 Dollars ($2,000,000.00) combined single limit per accident for bodily injury and property damage. 5 c. Worker's Compensation/Industrial Insurance: Limits as required by the State of Minnesota. The general liability provisions in automobile liability policies are to contain, or be endorsed to contain, the following provisions: (i) Lino Lakes, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied, or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. (ii) Contractor's insurance coverage shall be primary insurance as to Lino Lakes, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by Lino Lakes, its officers, officials, employees, or volunteers shall be in excess of Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policy shall not affect coverage provided to Lino Lakes, its officers, officials, employees, or volunteers. (iv) Contractor's insurance shall apply separate to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, nor reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to Lino Lakes. 17. Indemnification and Hold Harmless. Except for Lino Lakes’ own negligence, willful misconduct or failures, Contractor shall save, keep, and hold harmless Lino Lakes, its officers, agents, employees, and volunteers from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of or in the course of performing work which may be occasioned by any willful or negligent act or omission of Contractor, any of Contractor's employees, or any subcontractor. In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Contractor and Lino Lakes, its members, officers, employees, and agents, Contractor's liability hereunder shall be only to the extent of Contractor's negligence. The provisions of this paragraph shall survive the expiration or termination of this Agreement. 18. Compliance with Law. Contractor agrees to comply with all published ordinances, laws, rules, and regulations, together with amendments thereto, of the State of Minnesota, the United States of America, or City of Lino Lakes pertaining to the services to be performed hereunder. 19. Taxes. Contractor agrees to save Lino Lakes harmless from any and all taxes or assessments of any kind or nature levied by any political subdivision upon Contractor by reason of services rendered for Soft Recyclables and disposal for Lino Lakes. 20. Employee Conduct. All Contractor personnel must maintain a courteous and respectful attitude toward the public at all times. At no time may they solicit, request or receive 6 gratuities of any kind. Contractor must direct its employees to avoid loud and/or profane language at all times during the performance of duties. Any employee of Contractor who engages in misconduct or is incompetent or negligent in the proper performance of duties or is disorderly, dishonest, intoxicated, or discourteous must be removed from service under this contract by Contractor. 21. Monthly Reports. Contractor shall provide monthly project status reports. These reports will be due within fifteen (15) days of the close of the month being reported. At a minimum, the reports shall include detailed data to allow analysis of collection and processing efficiencies including pounds of Soft Recyclables collected in the prior month, the payment of the required fee to Lino Lakes, missed pick-ups, tagging, and complaints. 22. Inspections. Upon reasonable advanced request to Contractor, Lino Lakes may inspect the facilities, equipment and operations of Contractor to assure itself of the appearance and compliance with provisions of this Agreement. Upon reasonable advance request, Lino Lakes may review the records kept on the Soft Recyclables collected under the terms of this Agreement to test and validate the weights claimed. Lino Lakes agrees to notify Contractor, in writing, at least forty- eight (48) hours prior to any such inspection and shall indicate the reasonable basis for requesting the inspection. 23. Meetings and Communications. In order to minimize misunderstanding and to provide thereafter a forum for discussing and resolving any issues that may arise, the parties agree to meet on a regular basis and hereby adopt communications procedures as follows: Meetings After Collection Begins. After Collections begin, meetings shall be held no less frequently than a quarterly basis, unless otherwise mutually agreed, between representatives of the parties. Such meetings will be held for the purpose of reviewing and discussing day-to-day operations, promotion, public information and public relations. Designation of Representatives. Each party shall send at least one representative to each meeting. Lino Lakes shall send to each meeting at least one staff member with operation expertise. Each party shall designate one, and only one, representative as its Lead Representative. If a party sends only one representative to any meeting, that person shall be conclusively presumed to be its Lead Representative. 24. Owner not Barred from Donating or Selling Soft Recyclables to Others. Nothing in this Agreement shall abridge the right of an individual or household to give or sell their Soft Recyclable materials to any recyclable materials program. 25. Compliance with Laws and Regulations. Contractor agrees that, in performance of work and services under this contract, Contractor will qualify under and comply with any and all applicable federal, State and local laws and regulations now in effect, or hereafter enacted during the Term, which are applicable to Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 26. Termination and Breach. Either party may terminate this Agreement without cause upon ninety (90) days written notice. Should Lino Lakes elect to terminate this Agreement without cause under the aforementioned provisions or if Contractor terminates this agreement for-cause, Lino Lakes shall not enter into any other Soft Recyclables program in Lino Lakes’ Service Area 7 for the remainder of the contract term unless undertaken with the Contractor, unless said restriction is waived in advance, in writing by the Contractor. However, should Lino Lakes elect to terminate this Agreement for-cause due to an uncured breach by the Contractor, Lino Lakes shall not be precluded from entering into any other agreement for the collection, identification, packaging, hauling, recycling and/or disposing of Soft Recyclables. In the event of a breach of the terms and conditions of this Agreement by either Party hereunder, the non-breaching Party may elect to terminate this Agreement by providing the defaulting Party with a written notice of such default, and allowing the breaching Party a period of thirty (30) days from and after the date of such notice to cure the breach complained of to the satisfaction of the non-breaching Party. In the event said breach is not cured within the thirty (30) day period, this Agreement shall be terminated (for-cause) as of the last day of the period. In the event Lino Lakes is the non-defaulting party, Contractor agrees to furnish services under this Agreement until such time as another Soft Recyclables collection and disposal contractor can be selected by Lino Lakes. 27. Severability. Should one or more of the provisions of this Agreement be held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless remain and continue in full force and effect, provided that the continuation of such remaining provisions does not materially change the original intent of this Agreement. 28. Independent Contractor Status. In the performance of services pursuant to this Agreement, Contractor shall be an independent contractor and not an officer, agent, servant or employee of Lino Lakes. Contractor shall have exclusive control over the details of the service and work performed and over all persons performing such service and work. Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees, Contractors and subcontractors, if any. Neither Contractor nor its officers, agents, employees or subcontractors shall obtain any right to retirement benefits, Workers’ Compensation benefits, or any other benefits which accrue to Lino Lakes employees and Contractor expressly waives and claim it may have or acquire to such benefits. 29. No Assignment. This Agreement, or any interest herein, shall not be transferred, sold, nor assigned by either Party to any person, firm, or corporation, without the prior written consent of the other Party. 30. Entire Agreement. This Agreement supersedes any prior or contemporaneous representation or agreements, whether written or oral, between the Parties and contains the entire agreement 31. Amendments. Any modification or amendment of this Agreement shall require a written agreement signed by both parties. 32. Nondiscrimination. In the hiring of employees to perform work under this Agreement, the Contractor shall not discriminate against any person by reason of any characteristic or classification protected by state or federal law. 8 33. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. All proceedings related to this Agreement shall be venued in Anoka County, Minnesota. 34. Access to Records and Data. Contractor shall provide access to Lino Lakes, to review collection and customer service records related to Lino Lakes, produced by the Contractor that are directly pertinent to this Agreement for the purpose of making an audit, other examination and preparing excerpts and transcriptions. 35. Government Data/Privacy. The Contractor agrees to abide by the applicable provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. HIPAA requirements, and all other applicable state or federal rules, regulations, or orders pertaining to privacy or confidentiality. The Contractor understands that all of the data created, collected, received, stored, used, maintained, or disseminated by the Contractor in performing those functions that the City would perform is subject to the requirements of Chapter 13, and the Contractor must comply with those requirements as if it were a government entity. This does not create a duty on the part of the Contractor to provide the public with access to public data if the public data is available from the City, except as required by the terms of this Agreement. 36. Waiver. The waiver by either party of any breach or failure to comply with any provision of this Agreement by the other Party shall not be construed as or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. 37. Notices. All notices and other communications pursuant to this Agreement must be in writing and must be given by registered or certified mail, postage prepaid, or delivered by hand at the address set forth below: Notice to City: Marty Asleson City of Lino Lakes Environmental Coordinator 600 Town Center Parkway Lino Lakes, MN, 55014 Notice to Contractor: Adam Winfield President Great Lakes Recycling, Inc. d/b/a Simple Recycling, 5425 Naiman Parkway, Solon, OH 44139 38. Definitions. a. Commercial Customer: The term "Commercial Customer" means non-residential customers, including businesses, public or private schools, institutions, governmental agencies and all other users of commercial-type Garbage collection services. b. Container: The term “Container” means a bag supplied by Contractor for use by the Residential Customer to set out Soft Recyclables. 9 c. Curb or Curbside: The words "Curb" or "Curbside" relate to the homeowners' property, within seven (7) feet of the Public Street or Private Road without blocking sidewalks, driveways or on-street parking. If circumstances preclude, a Curbside shall be considered a placement suitable to the resident, convenient to Contractor's equipment, and mutually agreed to by Lino Lakes and Contractor. d. Excluded Items: The term “Excluded Items” means Garbage, Hazardous Waste, large furniture, large appliances such as refrigerators, stoves, washers and dryers, magazines, newspapers, car seats, cribs, mattresses, paint, tires, cleaners, electronic waste considered to be “covered electronic devices” under M.S. 115A.1310 (computers, peripherals, facsimile machines, DVD players, video cassette recorders, and video display devices), etc. and any item heavier than fifty (50) pounds. e. Garbage: The term “Garbage” means all putrescible and non-putrescible solid and semi-solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, grass, yard debris, leaves, swill, demolition and construction wastes, dead animals, piles of debris, car parts, construction or demolition debris, any item that would be considered Hazardous Waste, or stumps. f. Hazardous Waste: The term "Hazardous Waste" means any hazardous, toxic or dangerous waste, substance or material, or contaminant, pollutant or chemical, known or unknown, defined or identified as such in any existing or future local, state or federal law, statute, code, ordinance, rule, regulation, guideline, decree or order relating to human health or the environment or environmental conditions, including but not limited to any substance that is defined as hazardous by 4 0 C .F .R. Part 2 61 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA or any Minnesota statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by federal law. g. Holiday: The term “Holiday” means the following days: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, unless otherwise specified by Lino Lakes recycling holiday schedule. h. Residential Customer: The term “Residential Customer” means an individual or individuals residing in a single-family home or multi-unit residence up to 8-plex that is rented, leased or owned. i. Service Area: The term "Service Area" means the municipal corporate limits of Lino Lakes plus, if necessary, one or more adjacent municipalities within a forty (40) mile radius with a minimum of forty thousand (40,000) households and be scalable to a minimum of one hundred thousand (100,000) households within a forty (40) mile radius, based on the municipalities’ collection censuses. The Service Area will encompass all of Lino Lakes’ trash and recycling collection area, as it may be amended from time to time. j. Service Recipients: The term “Service Recipients” means Residential Customers of Lino Lakes in the Service Area. k. Soft Recyclable: The term “Soft Recyclable” means items of an individual weight less than fifty (50) pounds and can be carried by one person. Soft Recyclables include primarily men’s, women’s and children’s clothing as well as items such as jewelry, shoes, purses, 10 hats, toys, pictures, mirrors, blankets, drapes and curtains, pillows, rags, sewing scraps, sleeping bags, small furniture, small appliances, irons, radios and audio equipment, cameras, lamps, hairdryers, tools, toasters, coffee makers, silverware, dishes, pots and pans, glasses and the like. The definition of Soft Recyclable is subject to modification in the discretion of Contractor based upon experience gained during the term of this Agreement. IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the Date of Execution first written above. The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk For Simple Recycling: ______________________________________ Adam Winfield, CEO, Simple Recycling CITY OF LINO LAKES RESOLUTION NO. 18-15 Authorizing a One Year Trial Contract With Simple Recycling WHEREAS, Contractor 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 has selected Contractor to collect, identify, haul, recycle and/or dispose of Soft Recyclables in Lino Lakes’ Service Area; and WHEREAS, Contractor can provide such services 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 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes that the City enter into a one year trial contract with Simple Recycling. Adopted by the Council of the City of Lino Lakes this ___ day of _______, 2018. 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