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Home My WebLink About03/26/2012 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, March 26, 2012 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members O'Donnell, Roeser, Rafferty & Stoesz City Administrator: Jeff Karlson COUNCIL WORK SESSION, 5:30 P.M. Community Room (not televised) 1. Review Regular Agenda CITY COUNCIL MEETING, 6 :30 P.M. ➢ Call to Order — 6:30 p.m. ➢ Roll Call - Council Members Stoesz, O'Donnell, Roeser & Rafferty, and Mayor Reinert were present ➢ Pledge of Allegiance ➢ Open Mike / Public Comment None ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was amended to remove Item 3A for further review SPECIAL PRESENTATION Chain of Lakes Rotary, donation to Lino Lakes volunteer's and police service A check in the amount of $3,000 was presented by the Lino Lakes Rotary Club; donation accepted with gratitude by Julie Jeffrey Schwartz on behalf of the Lino Lakes Police Department Volunteers; Police Department K -9 Sgt Hager and Recon also present • CONSENT AGENDA A) Consideration of Expenditures: i) March 26, 2012 (Check No. 92943 through 93024) in the amount of $367,730.32; ii) Centennial Fire District (Check No. 5241 through 5254) in the amount of $6,587.04 Pg 1 -13 B) Consider approval of March 5, 2012 Work Session Minutes Pg 14 -18 Council Member O'Donnell absent C) Consider approval of March 12, 2012 Council Meeting Minutes Pg 19 -23 Council Agenda -2- March 26, 2012 EXPANDED AGENDA D) Consider approval of Application to conduct two Excluded Bingo Pg 23a events, Rice Lake Elementary PTO Action Taken: Motion by Rafferty, seconded by Stoesz, to approve the Consent Agenda, Items 1A, 1C and 1D, as presented, was adopted Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Consent Agenda Item 1B as presented, was adopted; Council Member O'Donnell abstained from voting 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Resolution No. 12 32, Approving Extension of VLAWMO Joint Powers Agreement (Jeff Karlson) 4. PUBLIC SAFETY DEPARTMENT REPORT No report 5. PUBLIC SERVICES DEPARTMENT REPORT A) PUBLIC HEARING, Consideration of Resolution 12 -28, Submitting an Outdoor Recreation Grant Application to the Minnesota DNR - Rick DeGardner Pg 26 -29 Action Taken: Motion by Roeser seconded by O'Donnell, to approve Resolution No. 12 -28, as presented, was adopted COMMUNITY DEVELOPMENT REPORT A) Consider Resolution No. 12 -29, Calling for a Hearing to Establish Cartway, Michael Grochala Pg 30 -44 Action Taken: Motion by Roeser, seconded by Rafferty, to approve Resolution No. 12 -29 as amended to reflect a public hearing date of July 7, 2012, was adopted B) 2012 Intersection Signal Improvements, Michael Grochala i. Consider Resolution No. 12 -30, Approving Joint Powers Agreement with Anoka County, Birch/Ware Signal Improvements Action Taken: Motion by O'Donnell, seconded by Roeser, to approve Resolution No. 12 -30, as presented, was adopted ii. Consider Resolution No. 12 -31, Approving Joint Powers Agreement with Anoka County, Main/Lake Signal Improvements Action Taken: Motion by Roeser, seconded by Stoesz, to approve Resolution No. 12 -31, as presented, was adopted Council Agenda 7 -3- March 26, 2012 EXPANDED AGENDA UNFINISHED BUSINESS None 8. NEW BUSINESS Adjournment None Motion by Rafferty, seconded by Roeser, to adjourn at 7:25 p.m., was adopted Community Calendar — A Look Ahead March 26, 2012 through April 9, 2012 Wednesday, March 28 Monday, April 2 Monday, April 2 4. Monday, April 9 #- Monday, April 9 6:30 pm, Council Chambers 6:30 pm, Council Chambers 5:30 pm, Community Room 6:00 pm, Council Chambers 6:30 pm, Council Chambers Environmental Board Park Board Work Session Board of Appeal City Council Meeting • REVISED CITY COUNCIL AGENDA Monday, March 26, 2012 * * * * * * * * * ** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members O'Donnell, Roeser, Rafferty & Stoesz City Administrator: Jeff Karlson COUNCIL WORK SESSION, 5:30 P.M. Community Room (not televised) 1. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M. ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Open Mike / Public Comment ➢ Setting the Agenda: Addition or deletion of agenda items SPECIAL PRESENTATION Chain of Lakes Rotary, donation to Lino Lakes volunteer's and police service. 1. CONSENT AGENDA A) Consideration of Expenditures: Pg 1 -13 i) March 26, 2012 (Check No. 92943 through 93024) in the amount of $367,730.32; ii) Centennial Fire District (Check No. 5241 through 5254) in the amount of $6,587.04 B) Consider approval of March 5, 2012 Work Session Minutes Pg 14 -18 Council Member O'Donnell absent C) Consider approval of March 12, 2012 Council Meeting Minutes Pg 19 -23 D) Consider approval of Application to conduct two Excluded Bingo Pg 23a • events, Rice Lake Elementary PTO 2. FINANCE DEPARTMENT REPORT No report Council Agenda -2- REVISED 3. ADMINISTRATION DEPARTMENT REPORT March 26, 2012 A) Consider Resolution No. 12 -32, Approving Extension of VLAWMO Joint Powers Agreement (Jeff Karlson) Pg 24 -25 4. PUBLIC SAFETY DEPARTMENT REPORT No report 5. PUBLIC SERVICES DEPARTMENT REPORT A) PUBLIC HEARING, Consideration of Resolution 12 -28, Submitting an Outdoor Recreation Grant Application to the Minnesota DNR - Rick DeGardner Pg 26 -29 6. COMMUNITY DEVELOPMENT REPORT A) Consider Resolution No. 12 -29, Calling for a Hearing to Establish Cartway, Michael Grochala Pg 30 -44 B) 2012 Intersection Signal Improvements, Michael Grochala i. Consider Resolution No. 12 -30, Approving Joint Powers Agreement with Anoka County, Birch/Ware Signal Improvements ii. Consider Resolution No. 12 -31, Approving Joint Powers Agreement with Anoka County, Main/Lake Signal Improvements 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar — A Look Ahead March 26, 2012 through April 9, 2012 Wednesday, March 28 4- Monday, April 2 d. Thursday, April 2 4- Monday, April 9 ilk Monday, April 9 6:30 pm, Council Chambers 6:30 pm, Council Chambers 5:30 pm, Community Room 6:00 pm, Council Chambers 6:30 pm, Council Chambers Environmental Board Park Board Work Session Board of Appeal City Council Meeting • • • • • CITY COUNCIL AGENDA Monday, March 26, 2012 * * ** * ****** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members O'Donnell, Roeser, Rafferty & Stoesz City Administrator: Jeff Karlson COUNCIL WORK SESSION, 5:30 P.M. Community Room (not televised) 1. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M. ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Open Mike / Public Comment ➢ Setting the Agenda: Addition or deletion of agenda items SPECIAL PRESENTATION A) Chain of Lakes Rotary, donation to Lino Lakes volunteer's and police service. CONSENT AGENDA Consideration of Expenditures: i) March 26, 2012 (Check No. 92943 through 93024) in the amount of $367,730.32; ii) Centennial Fire District (Check No. 5241 through 5254) in the amount of $6,587.04 Pg 1 -13 B) Consider approval of March 5, 2012 Work Session Minutes Pg 14 -18 Council Member O'Donnell absent C) Consider approval of March 12, 2012 Council Meeting Minutes Pg 19 -23 2. FINANCE DEPARTMENT REPORT No report Council Agenda -2- March 26, 2012 . ADMINISTRATION DEPARTMENT REPORT A) Consider Resolution No. 12 -32, Approving Extension of VLAWMO Joint Powers Agreement (Jeff Karlson) Pg 24 -25 PUBLIC SAFETY DEPARTMENT REPORT No report PUBLIC SERVICES DEPARTMENT REPORT A) PUBLIC HEARING, Consideration of Resolution 12 -28, Submitting an Outdoor Recreation Grant Application to the Minnesota DNR - Rick DeGardner Pg 26 -29 COMMUNITY DEVELOPMENT REPORT A) Consider Resolution No. 12 -29, Calling for a Hearing to Establish Cartway, Michael Grochala Pg 30 -44 B) 2012 Intersection Signal Improvements, Michael Grochala to follow i. Consider Resolution No. 12 -30, Approving Joint Powers Agreement with Anoka County, Birch/Ware Signal Improvements ii. Consider Resolution No. 12 -31, Approving Joint Powers Agreement with Anoka County, Main/Lake Signal Improvements UNFINISHED BUSINESS None NEW BUSINESS None Adjournment 4- 1 Community Calendar — A Look Ahead March 26, 2012 through April 9, 2012 Wednesday, March 28 Monday, April 2 Thursday, April 2 Monday, April 9 Monday, April 9 6:30 pm, Council Chambers 6:30 pm, Council Chambers 5:30 pm, Community Room 6:00 pm, Council Chambers 6:30 pm, Council Chambers Environmental Board Park Board Work Session Board of Appeal City Council Meeting • • • • EXPENDITURES MARCH 26, 2012 • CHECK NO. 92943 - 913024 $367,730.32 • P1 DGt2: 03/19/2012 Time 15:29:09 Ranges: Options: Vendor # Vendor #: (A) Invoice #: (A) Entry Journal #: (R) 10093 10102 Trans #: (A) Line #: (A) Due Date: (A) Bank #: (A) Detail / Summary: S Sort: A Check Over Expend: N Name City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page: 1 Invoice Status: A # of copies: 1 # of items • Discount Net Gross Discount Lost 000369 A -1 HYDRAULIC SALES /SERVICE, INC. 002694 AMERICAN MESSAGING 000370 ANOKA COUNTY CENTRAL COMMICATIONS 004063 ANOKA COUNTY LICENSE BUREAU 000541 ASPEN MILLS, INC. 007775 BATTERIES PLUS 008528 CHARLENE BEHNE 008293 BIFF'S INC. 008571 BARB BLISS 000724 BLUE TOW SERVICE, INC. 000134 ROBERT BOLDT 000810 BRAUER & ASSOCIATES, LTD. 000946 C. P. OFFICE PRODUCTS 001110 CENTENNIAL UTILITIES 002700 CENTERPOINT /MINNEGASCO, INC. 008407 CHANHASSEN DINNER THEATERS 004670 COMCAST 008570 MARIA CONLEY 001187 CONNEXUS ENERGY 001270 DALCO, INC. 001298 RICK DEGARDNER 001127 JEFF EVENSON 1 1 1 1 1 1 1 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 52.48 52.48 .00 .00 12.80 12.80 .00 .00 442.34 442.34 .00 .00 743.50 743.50 .00 .00 104.85 104.85 .00 .00 70.67 70.67 .00 .00 20.00 20.00 .00 .00 88.65 88.65 .00 .00 20.00 20.00 .00 .00 132.87 132.87 .00 .00 153.05 153.05 .00 .00 1,427.25 1,427.25 .00 • 197.39 197.39 .00 .00 4,416.55 4,416.55 .00 .00 1,412.43 1,412.43 .00 .00 100.00 100.00 .00 .00 99.63 99.63 .00 .00 10.00 10.00 .00 .00 4,570.33 4,570.33 .00 .00 598.76 598.76 .00 .00 48.84 48.84 .00 .00 396.00 396.00 .00 .00 Date: 03 /19/2012 Time 15:29:09 City of Lino Lakes FM Entry - Invoice Journal Operator: KKF Page:P 32 Discount Vendor # Name # of items Net Gross Discount Lost 111111267 FAST BREAK CORNER MARKET, INC. 2 12.79 12.79 .00 .00 000431 FORD CONSTRUCTION CO., INC. 1 425.00 425.00 .00 .00 001560 FRATTALLONE'S HARDWARE, INC. 3 29.63 29.63 .00 .00 002328 G & K SERVICES, INC. 1 66.10 66.10 .00 .00 008557 GECK, DUEA & OLSON, PLLC 2 8,200.00 8,200.00 .00 .00 000693 GENERAL SPORTS CORPORATION 1 2,644.09 2,644.09 .00 .00 007684 GLSPORTS 1 691.11 691.11 .00 .00 008240 GOPHER STATE ONE -CALL 1 79.85 79.85 .00 .00 001480 HAWKINS, INC. 1 60.00 60.00 .00 .00 003271 HSBC BUSINESS SOLUTIONS 2 42.79 42.79 .00 .00 007224 HUGO EQUIPMENTS COMPANY 1 46.80 46.80 .00 .00 001681 HUGO HEATING AND COOLING 1 140.00 140.00 .00 .00 000303 INSTRUMENTAL RESEARCH, INC. 1 142.50 142.50 .00 .00 000476 INTERSTATE POWER SYSTEMS, INC. 8 3,159.73 3,159.73 .00 .00 002000 INTL UNION OF OPER ENGR 1 480.00 480.00 .00 .00 003013 INVENTORY TRADING COMPANY, INC. 1 133.00 133.00 .00 .00 •036 JACKSON - HIRSH, INC. 1 111.75 111.75 .00 .00 008394 JANI -KING OF MINNESOTA, INC. 2 3,624.13 3,624.13 .00 .00 001940 KEEPRS, INC. 5 226.52 226.52 .00 .00 000673 LANDFORM 1 2,240.00 2,240.00 .00 .00 002310 LEAGUE OF MINNESOTA CITIES 2 885.00 885.00 .00 .00 008123 LUBRICATION TECHNOLOGIES, INC. 2 8,109.12 8,109.12 .00 .00 000191 MACQUEEN EQUIPMENT, INC. 1 162,252.87 182,252.87 .00 .00 002584 METRO SALES INCORPORATED 1 714.10 714.10 .00 .D0 007694 METROPOLITAN COUNCIL 1 57,077.74 57,077.74 .00 .00 000640 MINNESOTA BOARD OF PEACE 1 390.00 390.00 .00 .00 002931 MN CHILD SUPPORT PAYMENT CENTER 2 1,058.55 1,058.55 .00 .00 • DP: 03/19/2012 Time: 15:29:09 City of Lino Lakes Operator: KKF Page: 3 FM Entry - invoice Journal Discount Vendor # Name # of items Net Gross Discount Lost 008021 MN METRO NORTH TOURISM 1 2,906.00 2,906.00 .00 0 , 003071 MUNICI -PALS 2 265.00 265.00 .00 .00 003090 NARDINI FIRE EQUIPMENT CO., INC. 1 130.43 130.43 .00 .00 003091 NCPERS MINNESOTA 1 368.00 368.00 .00 .00 000900 O'REILLY AUTOMOTIVE STORES, INC. 4 57.29 57.29 .00 .00 000983 OPTUMHEALTH FINANCIAL SERVICES 2 74.80 74.80 .00 .00 003524 PITNEY BOWES, INC. 1 269.96 269.96 .00 .00 003540 PLUNKETT'S, INC. 2 1,003.89 1,003.89 .00 .00 003600 PRESS PUBLICATIONS, INC. 2 178.88 178.88 .00 .00 007696 RATWIK, ROSZAK & MALONEY, PA 1 4,383.82 4,383.82 .00 .00 900491 CITY OF ROSEVILLE 2 7,095.46 7,095.46 .00 .00 003910 SAM'S CLUB, INC. 1 100.58 100.58 .00 .00 003880 SEH TECHNOLOGY SOLUTIONS INC 1 1,700.00 1,700.00 .00 .00 003882 SHRED -IT USA INC. 1 48.00 48.00 .00 .00 008397 CARI SIMONSON 1 10.00 10.00 .00 .00 004240 STREICHER'S, INC. 11 713.52 713.52 .00 .00 008572 SUN CONTROL OF MINNESOTA 1 225.00 225.00 .00 410 004302 SURPLUS SERVICES 1 13.00 13.00 .00 .00 008141 TASC - CLIENT INVOICES 1 84.15 84.15 .00 .00 000489 TDS METROCOM MN 1 991.29 991.29 .00 .00 004350 TKDA 1 283.16 283.16 .00 .00 004469 TOUSLEY FORD, INC. 2 109.03 109.03 .00 .00 900357 TRI -STATE BOBCAT, INC. 1 33,636.18 33,636.18 .00 .00 004560 U S BANK VISA 1 3,171.39 3,171.39 .00 .00 004606 U S BANK 9 3,823.75 3,823.75 .00 .00 000174 W. W. GOETSCH ASSOCIATES, INC. 1 323.41 323.41 .00 .00 004840 WINNICK SUPPLY, INC. 1 80.06 80.06 .00 .00 Date: 03/19/2012 Time: 15:29:10 City of Lino Lakes Operator: KKF Page:P 54 FM Entry - Invoice Journal Discount •aor # Name # of items Net Gross Discount Lost 000639 DENISE WOODCOCK 1 20.00 20.00 .00 .00 006395 WSB & ASSOCIATES, INC. 6 12,765.61 12,765.81 .00 .00 003250 XCEL ENERGY 1 4,736.90 4,736.90 .00 .00 Grand Totals: 133 367,730.32 367,730.32 .00 .00* • • DNS: 03/19/2012 Time 15:30:16 Operator: KKF Ranges: Page: 1 City of Lino Lakes FM Entry - Invoice Payment - Department Report Fund: Dept Id: Program: Vendor #: Invoice #: Schedule Journal #: Bank #: (A) (A) (A) (A) (A) (R) 10098 (A) Options: Print Ranges /Options: Y Page on Department: N Department Vendor Name 10106 # of copies: 1 Description Amount MAYOR /COUNCIL MAYOR /COUNCIL MAYOR /COUNCIL MAYOR /COUNCIL ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION FINANCE FINANCE LEGAL CONSULTANTS LEGAL CONSULTANTS LEGAL CONSULTANTS LEGAL CONSULTANTS LEGAL CONSULTANTS INTL UNION OF OPER E MN CHILD SUPPORT PAY NCPERS MINNESOTA U S BANK VISA Total for LEAGUE OF MINNESOTA LEAGUE OF MINNESOTA PRESS PUBLICATIONS, PRESS PUBLICATIONS, MARCH 2012 IUOE LOCAL 49 CHILD SUPPORT APRIL 2012 PERA LIFE - 5 FEB. 2012 - EMPLOYEE PURCH Department RAFFERTY -2012 ANNUAL CON REINERT -2012 ANNUAL CONF ASSESSMENT & CLASSIFICAT ORDINANCE NO. 02 -12 PUBL Total for Department 401 OPTUMHEALTH FINANCIA FEB. 2012 ELIG PLAN PART OPTUMHEALTE FINANCIA FEB. 2012 RETIREES LEAGUE OF MINNESOTA KARLSON -2012 ANNUAL CONF MUNICI -PALS 2012 MEMBERSHIP DUES TASC - CLIENT INVOIC FEB. 2012 FLEX PLAN Total for Department 402 MUNICI -PALS SPRING WORKSHOP REGISTRA ROSEVILLE, CITY OF MARCH 2012 IT SUPPORT Total for Department 407 RATWIK, ROSZAK & MAL JAN. 2012 ECFE LEASE RATWIK, ROSZAK & MAL JAN. 2012 LIQUOR CODE AM RATWIK, ROSZAK & MAL JAN. 2012 MISC EXPENSES .GECK, DUEA & OLSON, FORFEITURE SERVICES GECK, DUEA & OLSON, PROSECUTION SERVICES Total for Department 414 ECONOMIC DEVELOPMENT MN METRO NORTH TOURI JAN.2012 HOTEL -MOTEL TAX Total for Department 415 PLANNING & ZONING ENGINEERING ENGINEERING LANDFORM INDUSTRIAL ORDINANCE UPD Total for Department 416 WSB & ASSOCIATES, IN JAN. 2012 - GEN ENG SVC WSB & ASSOCIATES, IN JAN. 2012 - WHPP IMPLEME Total for Department 417 480.00 1,058.55 368.00 1,096.68 3,003.23* 295.00 295.00 47.70 131.18 768.88* 51.80 23.00 295.00 25.00 84.15 478.95* 120.00 6,144.16 6,264.16* 681.50 159.50 347.82 200.00 8,000.00 9,388.82* 2,906.00 2,906.00* 2,240.00 2,240.00* 4,366.67 3,916.00 8,282.67* • • • Date: 03/19/2012 Time 15:30:16 Operator: KKF . Department Page: 2 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount COMM DEV COMM DEV POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE STREETS EETS ETS .EETS STREETS STREETS STREETS STREETS STREETS FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET FLEET • SEH TECHNOLOGY SOLUT LINOL 2012 DATAVIEW ONLI U S BANK VISA FEB. 2012 -SLUC REGISTRAT Total for Department 416 ANOKA COUNTY CENTRAL TDS METROCOM MN ASPEN MILLS, INC. MINNESOTA BOARD OF CONNEXUS ENERGY KEEPRS, INC. KEEPRS, KEEPRS, KEEPRS, INC. INC. INC. FEB. 2012 WIRELESS INTER MONTHLY PHONE SERVICE BRAGELMAN UNIFORM ALLOWA P PEACE OFFICER LICENSE RE FEB. 2012 ELECTRIC USAGE BRAGELMAN UNIFORM ALLOWA EXPLORERS UNIFORMS HAGER UNIFORM ALLOWANCE STREGE UNIFORM ALLOWANCE MCINTOSH UNIFORM ALLOWAN P NOLL UNIFORM ALLOWANCE SCHIRMERS UNIFORM ALLOWA SPRING WORKSHOP REGISTRA DESTRUCTION OF DESIGNATE HAGERT UNIFORM ALLOWANCE OWENS UNIFORM ALLOWANCE PAULSON UNIFORM ALLOWANC SCHIRMERS UNIFORM ALLOWA THILL UNIFORM ALLOWANCE YOUNG UNIFORM ALLOWANCE FEB. 2012- BATTERY FOR AE Department 420 INVENTORY TRADING CO INVENTORY TRADING CO INVENTORY TRADING CO MUNICI -PALS SHRED -IT USA INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. STREICHER'S, INC. U S BANK VISA Total for BOLDT, ROBERT TDS METROCOM MN CONNEXUS ENERGY AMERICAN MESSAGING XCEL ENERGY U U U U S 5 S S BANK BANK BANK BANK VISA VISA VISA VISA Total for A -1 HYDRAULIC SALES/ O'REILLY AUTOMOTIVE O'REILLY AUTOMOTIVE O'REILLY AUTOMOTIVE O'REILLY AUTOMOTIVE FAST BREAK CORNER MA FAST BREAK CORNER MA TOUSLEY FORD, INC. TOUSLEY FORD, INC. U S BANK VISA WINNICK SUPPLY, INC. LUBRICATION TECHNOLO CLOTHING ALLOWANCE REIMB MONTHLY PHONE SERVICE FEB. 2012 ELECTRIC USAGE MONTHLY PAGER SERVICE MONTHLY ELECTRIC CHARGES FEB. 2012- ELECTRICAL CON FEB. 2012- FITTINGS #4240 FEB. 2012- FITTINGS, TIPS FEB. 2012 -PARTS TO ASSEM Department 430 HOSE ASSEMBLY MINI BULB - STOCK MINI LAMP - STOCK OIL FILTERS TRANS FILTER /CABIN FILTE CAR WASHES DELUXE CAR WASH MULTIPOINT INSPECTION # SEAL # 326 FEB. 2012 - HALOGEN BULB 9GA FLATTENED EXPAN 4X8/ 2000.9 GALLONS 87 UNL 1,700.00 38.00 1,738.00* 442.34 675.35 104.85 390.00 21.37 144.46 8.55 20.53 52.98 29.00 32.00 72.00 120.00 48.00 68.02 56.98 60.21 175.64 12.83 339.84 159.00 3,033.95* 153.05 38.34 1,309.96 3.20 271.50 41.04 18.70 16.26 101.37 1,953.42* 52.48 7.48 18.17 9.59 22.05 4.79 8.00 100.00 9.03 23.45 80.06 6,490.33 P7 D: 03/19/2012 Department Time: 15:30:17 Operator: KKF Page: 3 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount FLEET GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS GOVERNMENT BUILDINGS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS ENVIRONMENTAL ENVIRONMENTAL ADULT SPORTS ADULT SPORTS LUBRICATION TECHNOLO 475.3 GALLONS ULS RED B5 Total for Department 431 INTERSTATE POWER SYS RPM SENSER SIGNAL LOST TDS METROCOM MN MONTHLY PHONE SERVICE C. P. OFFICE PRODUCT WRIST REST /MOUSE PAD /TON CENTENNIAL UTILITIES CONNEXUS ENERGY DALCO, INC. JACKSON - HIRSH, INC. U & K SERVICES, INC. METRO SALES INCORPOR CENTERPOINT / MINNEGAS NARDINI FIRE EQUIPME XCEL ENERGY HSBC BUSINESS SOLUTI PITNEY BOWES, INC. PLUNKETT'S, INC. PLUNKETT'S, INC. SAM'S CLUB, INC. SURPLUS SERVICES U S BANK VISA U S BANK VISA COMCAST COMCAST JANI -KING OF MINNESO ROSEVILLE, CITY OF Total for FEB. 2012 GAS USAGE FEB. 2012 ELECTRIC USAGE HAND TOWEL /AIR FRESHENER BUSINESS FORMS SHOP TOWELS QTRLY KONICA COPIER CONT FEB. 2012 GAS USAGE SEMI ANNUAL SVC MAINT MONTHLY ELEU RIC CHARGES PRESSURE WASHER PARTS POSTAGE MACHINE RENTAL CITY HALL /POLICE DEPT SE PARK OFFICE /PUBLIC WORKS RECREATION SUPPLIES MISC SMALL TOOLS /CABINET FEB. 2012- IMAGING DRUM FEB. 2012 - PRESSURE WASHE MONTHLY INTERNET -CITY HA MONTHLY INTERNET- PUBLIC MARCH 2012 CLEANING CONT MARCH 2012 PHONE CHARGE/ Department 432 BRAUER & ASSOCIATES, CENTENNIAL UTILITIES CONNEXUS ENERGY DEGARDNER, RICK CENTERPOINT /MINNEGAS HSBC BUSINESS SOLUTI U S BANK VISA HUGO EQUIPMENT COMPA BIFF'S INC. ATHLETIC COMPLEX PLAN R FEB. 2012 GAS USAGE FEB. 2012 ELECTRIC USAGE MILEAGE REIMBURSEMENT FEB. 2012 GAS USAGE MAINT. SUPPLIES FEB. 2012 - INCORRECT CHRG ZAMA CARB KIT /FUELINE /OR RUBBISH REMOVAL Total for Department 450 U S BANK VISA FEB. 2012 - FLASHING U S BANK VISA FEB. 2012 -SLUC REGISTRAT Total for Department 461 Total for Fund 101 GENERAL SPORTS CORPO SPALDING SOFTBALLS EVENSON, JEFF CONTRACTED SPORTS OFFICI Total for Department 202 1,618.79 8,444.22* 432.00 162.75 197.39 4,003.94 1,160.78 598.76 111.75 66.10 714.10 836.07 130.43 3,681.66 36.37 269.96 367.09 636.80 13.97 13.00 168.95 235.99 49.68 49.95 3,624.13 951.3D 18,512.92* 1,427.25 393.25 69.63 48.84 177.94 6.42 175.00 46.80 88.65 2,083.78* 83.93 38.00 121.93* 69,220.93* 2,644.09 396.00 3,040.09* • • • • Department Vendor Name Description Amount Date: 03/19/2012 Time: 15:30:17 Operator: KKF Page: 4 City of Lino Lakes FM Entry - Invoice Payment - Department Report OTHER U S BANK VISA FEB. 2012 SPRING FLING S 240.00 OTHER U S BANK VISA FEB. 2012- SPRING FLING S 105.50 Total for Department 204 345.50* SPECIAL EVENTS /TRIPS WOODCOCK, DENISE REFUND - OVERPAID PLAYGR SPECIAL EVENTS /TRIPS SAM'S CLUB, INC. RECREATION SUPPLIES SPECIAL EVENTS /TRIPS U S BANK VISA FEB. 2012- "COCO'S DIARY" SPECIAL EVENTS /TRIPS U S BANK VISA FEB. 2012- DISNEY ON ICE SPECIAL EVENTS /TRIPS U S BANK VISA FEB. 2012- PRINCESS PARTY SPECIAL EVENTS /TRIPS U S BANK VISA FEB. 2012 - SENIOR BOOK CL SPECIAL EVENTS /TRIPS SIMONSON, CARI REFUND - OVERPAID PLAYGR SPECIAL EVENTS /TRIPS CHANHASSEN DINNER TH SENIOR TRIP DEPOSIT SPECIAL EVENTS /TRIPS BEHNE, CHARLENE SENIOR TRIP REFUND SPECIAL EVENTS /TRIPS CONLEY, MAFIA REFUND - OVERPAID PAYGRO SPECIAL EVENTS /TRIPS BLISS, BARB REFUND - OVERPAID PLAYGR Total for Department 205 YOUTH INSTRUCTIONAL GLSPORTS TENNIS BALLS /T- BALLS /VAR DEBT SERVICE DEBT SERVICE • DEBT SERVICE DEBT SERVICE DEBT SERVICE DEBT SERVICE • 20.00 86.61 319.00 252.00 16.06 92.56 10.00 100.00 20.00 10.00 20.00 946.23* 691.11 Total for Department 207 691.11* Total for Fund 201 5,022.93* U. S. BANK GO IMPROVEMENT BONDS 200 431.25 Total for Department 470 431.25* Total for Fund 322 431.25* U. S. BANK TAXABLE GO IMPROVEMENT B 431.25 Total for Department 470 431.25* Total for Fund 323 431.25* U. S. BANK GO IMPROVEMENT & REFUNDI 431.25 Total for Department 470 431.25* Total for Fund 324 431.25* U. S. BANK TAXABLE GO IMPROVEMENT B 402.50 Total for Department 470 402.50* Total for Fund 327 402.50* U. S. BANK GO IMPROVEMENT REFUNDING 402.50 Total for Department 470 402.50* Total for Fund 328 402.50* U. S. BANK GO TAX ABATEMENT BONDS 2 431.25 Total for Department 470 431.25* P9 O 03/19/2012 Time: 15:30:17 Operator: KKF Department Page: 5 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount DEBT SERVICE DEBT SERVICE DEBT SERVICE FLEET FLEET FINANCE OTHER OTHER OTHER OTHER OTHER OTHER OTHER OTHER Total for Fund 329 U. S. BANK GO UTILITY BONDS 2006D Total for Department 470 Total for Fund 330 U. S. BANK GEN OBL CAP IMPR PLAN RE Total for Department 470 Total for Fund 331 U. S. BANK GO TAX INCREMENT BDS 200 Total for Department 470 Total for Fund 332 431.25* 431.25 431.25* 431.25* 431.25 431.25* 431.25* 431.25 431.25* 431.25* MACQUEEN EQUIPMENT, 2012 PELICAN P DUAL 182,252.87 TRI -STATE BOBCAT, IN F- SERIES TOOLCAT WORK MA 33,636.18 Total for Department 431 215,889.05* Total for Fund 402 U S BANK VISA FEB. 2012 - REPLACEMENT RE Total for Department 407 Total for Fund 403 RATWIK, ROSZAK & MAL JAN. 2012 OTTER LAKE RD Total for Department 499 Total for Fund 406 WSB & ASSOCIATES, IN JAN. 2012 - 2012 MILL & Total for Department 499 Total for Fund 421 RATWIK, ROSZAK & MAL JAN. 2012 CONSERVATION E Total for Department 499 Total for Fund 422 RATWIK, RATWIK, RATWIK, RATWIK, RATWIK, ROSZAK & MAL JAN. 2012 ROSZAK & MAL JAN. 2012 ROSZAK & MAL JAN. 2012 ROSZAK & MAL JAN. 2012 ROSZAK & MAL JAN. 2012 Total for Department 215,889.05* 99.90 99.90* 99.90* 29.00 29.00* 29.00* 899.50 899.50* 899.50* 1,359.00 1,359.00* 1,359.00* A LINO LLC V. 46.50 C LINO LLC V. 124.00 I35E INTERCHAN 101.50 I35E INTERCHAN 615.50 PATRIOT BANK V 93.00 499 980.50* • • • Date: 03/19/2012 Time 15:30:17 Operator: KKF Department Page: 6 City of Lino Lakes FM Entry - Invoice Payment - Department Report Vendor Name Description Amount OTHER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER SEWER SEWER SEWER SEWER ER R ER SEWER SEWER SEWER SEWER SEWER SEWER SEWER SEWER • TKDA Total for Fund 474 FEB. 2012 GEN ENGINEERIN Total for Department 499 Total for Fund 475 INSTRUMENTAL RESEARC TDS METROCOM MN CONNEXUS ENERGY HAWKINS, INC. FRATTALLONE'S HARDWA FRATTALLONE'S HARDWA HUGO HEATING AND COO AMERICAN MESSAGING CENTERPOINT /MINNEGAS XCEL ENERGY GOPHER STATE ONE -CAL WSB & ASSOCIATES, IN WSB & ASSOCIATES, IN Total for Department 494 980.50* 283.16 283.16* 283.16* TOTAL COLIFORM BACTERIA 142.50 MONTHLY PHONE SERVICE 114.85 FEB. 2012 ELECTRIC USAGE 1,618.63 CHLORINE CYLINDERS 60.00 CAULK 14.06 OIL MULTI -PURP 3IN1 30Z 7.03 DIGITAL THERMOSTAT 140.00 MONTHLY PAGER SERVICE 6.40 FEB. 2012 GAS USAGE 350.38 MONTHLY ELECTRIC CHARGES 783.74 FEB. 2012 LOCATES 39.92 JAN. 2012 - GEN ENG SVC 833.32 JAN. 2012 UTILITY MAPPIN 521.00 4,631.83* Total for Fund 601 W. W. GOETSCH ASSOCI FORD CONSTRUCTION CO INTERSTATE POWER SYS INTERSTATE POWER SYS INTERSTATE POWER SYS CENTENNIAL UTILITIES CONNEXUS ENERGY FRATTALLONE'S HARDWA AMERICAN MESSAGING CENTERPOINT /MINNEGAS METROPOLITAN COUNCIL BATTERIES PLUS GOPHER STATE ONE -CAL WSB & ASSOCIATES, IN WSB & ASSOCIATES, IN 4" L.H. & R.H. SYSTEM GU LABOR FOR REPAIR OF PUMP ANNUAL PM SERVICE CHECK OIL PRESSURE REMOTE START WIRES IN GE FEB. 2012 GAS USAGE FEB. 2012 ELECTRIC USAGE CONNECTOR ARMORED MONTHLY PAGER SERVICE FEB. 2012 GAS USAGE WASTEWATER SVC BILL FOR 12V 8AH AGM VRLA.187 FEB. 2012 LOCATES JAN. 2012 - GEN ENG SVC JAN. 2012 UTILITY MAPPIN Total for Department 495 Total for Fund 602 BLUE TOW SERVICE, IN ANOKA COUNTY LICENSE U S BANK VISA RATWIK, ROSZAK & MAL WSB & ASSOCIATES, IN WSB & ASSOCIATES, IN CN 12- 043785/'04 CHEV IM REGISTRATION FEE - UNIT FEB. 2012 - MINNESOTA LOCK JAN. 2012 PINE GLEN 2ND JAN. 2012 - 21ST AVENUE JAN. 2012 - PINE GLEN & SUN CONTROL OF MINNE ATC 35 4 DOOR CAR 4,631.83* 323.41 425.00 2,002.73 154.00 571.00 19.36 389.96 8.54 3.20 48.04 57,077.74 70.67 39.93 833.32 521.00 62,487.90* 62,487.90* 132.87 743.50 200.00 826.50 491.00 384.00 225.00 P11 DP4 2 03/19/2012 Time 15:30:17 Operator: KKF Page: 7 City of Lino Lakes FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount Total for Department Total for Fund 801 Grand Total 3,002.87* 3,002.87* 367,730.32* • • • P13 CENTENNIAL FIRE DISTRICT • Report Criteria: Report type: Summary • • Check Register - FIRE GL Check Issue Dates: 3/3/2012 - 3/15/2012 Page: 1 Mar 16, 2012 01:38PM GL Check Check Vendor Period Issue Date Number Number Description Payee 03/12 03/13/2012 5241 11565 03/12 03/13/2012 5242 30480 03/12 03/13/2012 5243 30485 03/12 03/13/2012 5244 30490 03/12 03/13/2012 5245 31008 03/12 03/13/2012 5246 40100 03/12 03/13/2012 5247 40150 03/12 03/13/2012 5248 50120 03/12 03/13/2012 5249 70578 03/12 03/13/2012 5250 120490 03/12 03/13/2012 5251 130297 03/12 03/13/2012 5252 160050 03/12 03/13/2012 5253 180600 03/12 03/13/2012 5254 220250 Grand Totals: ASPEN MILLS, INC CENTENNIAL UTILITIES CENTER MART CENTERPOINT ENERGY COMCAST PAT DEVANEY DISCOUNT TIRE, INC EMERGENCY APPARATUS MAI GRAINGER LOFFLER COMPANIES, INC MARTIN - MCALLISTER CONSUL PAETEC CITY OF ROSEVILLE VIKING TROPHIES, INC UNIFORM STATION 1 UTILITIES ANTIFREEZE STATION 2 GAS MAR INTERNET CENTERVILLE VEH MTC REIMB TIRES GRASS 11, GRASS 31, C- ENGINE 11 MTC CLEANING SUPPLIES COPIER MTC CONTRACT PERSONNEL TESTING PHONES STATION 2 MAR PHONE SERVICE PLAQUES Check Amount 74.81 486.08 163.02 406.22 188.00 76.20 2,570.59 534.10 27.08 215.83 400.00 148.74 839.16 457.21 6,587.04 M = Manual Check, V = Void Check • • • CITY COUNCIL WORK SESSION DRAFT CITY OF LINO LAKES MINUTES March 5, 2012 4 DATE : March 5, 2012 5 TIME STARTED : 5:30 p.m. 6 TIME ENDED : 5:45 p.m. 7 MEMBERS PRESENT : Council Member Stoesz, Rafferty, Roeser 8 and Mayor Reinert 9 MEMBERS ABSENT : Council Member O'Donnell 10 11 12 Staff members present: City Administrator Jeff Karlson; Community Development 13 Director Michael Grochala; City Engineer Jason Wedel; Public Safety Director John 14 Swenson; Finance Director Al Rolek; City Planner Paul Bengtson; City Clerk Julie 15 Bartell 16 17 1. Charter Amendment — Community Development Director Grochala noted that the 18 council has discussed and is reviewing an ordinance that proposes an amendment to 19 Chapter 8 of the City Charter. The amendment is based on the ordinance forwarded in 20 2007 by the citizen's task force. Different from the task force ordinance is the addition of 21 a reverse referendum that would provide residents with the opportunity to petition for a 22 referendum, an element that was included in the 2007 Charter Commission proposal. He 23 pointed out that the reverse referendum language is also similar to that included in state 24 statutes. 25 26 Mr. Grochala reviewed the summary of the elements of the ordinance (as included in his 27 staff report). In summary, the ordinance: 28 Allows for more interaction, as it calls for two hearings for impacted property 29 owners; 30 Gives the council has a period where they can change the project based on public 31 input and a second hearing that allows a review of any changes; 32 Allows affected owners to veto the project after it is ordered within 30 days and 33 with a 50% petition; 34 Sets forth a process that forces the city to get it right; 35 Removes language that exempts certain areas of the city from the charter 36 provisions that was originally meant for economic development but creates an 37 inequity. 38 39 Mr. Grochala noted that the process of this ordinance presents a greater likelihood of 40 getting projects done but also allows for good public involvement. When asked about the 41 citizen communication element, Mr. Grochala explained the requirement of mailings to 42 property taxpayers. 43 44 Council member comments included: P14 P1 5 CITY COUNCIL WORK SESSION DRAFT March 5, 2012 45 The ordinance is a compromise in that the council's request to include the charter 46 commission in formulating an amendment was denied but yet a element 47 previously proposed by the commission is included; 48 The ordinance offers more project options, includes more working together, 49 streamlines the current process, and creates more equity (removing exempt 50 zones); 51 A flow chart indicating the entire process is requested. 52 53 Mayor Reinert left the meeting briefly at 6:38 p.m. to attend the Park Board meeting. He 54 returned in five minutes. 55 56 John DeHaven, 612 Birch Street, addressed the council. He noted that the Charter 57 Commission members are not elected officials. He is not supportive of the ideas of the 58 Charter Commission and sees that the members have not been willing to participate in 59 this issue. He supports the council. 60 61 Community Development Director Grochala explained that the ordinance will be 62 included on the March 12 City Council meeting agenda for the council's consideration of 63 first reading and referral to the Lino Lakes Charter Commission for their statutory review 64 period. Staff would intend to continue to review the amendment with the council. 65 66 2. 21st Avenue — Community Development Director Grochala recalled for the council 67 that a public park and ride facility is planned for the northeas quadrant adjacent to the 68 35E /CSAH 14 Interchange. Construction of the park and ride requires the extension of 69 21St Avenue. The project would be done in conjunction with the City of Centerville, with 70 Lino Lakes being the lead agency. The project costs would be fully assessed. He is 71 providing a report to the council as an update only as staff continues to work with the city 72 attorney on the Petition and Waiver of Appeal agreement and eventually a joint powers 73 agreement with Centerville. A council member noted the unusual location of a pond and 74 staff explained the reason for the pond placement. 75 76 3. Otter Lake Road Extension — Community Development Director Grochala recalled 77 that the council has authorized that an appraisal special benefit report be completed on 78 this project. The appraiser, BRKW Appraisal, Inc. is estimating that the report will be 79 done in about six weeks. Staff is still recommending that the city get that information in 80 place before proceeding with contracting for plans and specifications, although that is a 81 council decision. He noted that one of the property owners who would be assessed, Mr. 82 Schrier, has indicated that he will challenge the special assessments. Staff feels it is 83 important to be cautious considering the current development environment. 84 85 The council members discussed the six week time frame for completion of the special 86 benefit report. They also discussed what they believe will be a clear value benefit to the 87 area property from the proposed improvements. 88 2 • • • • • • CITY COUNCIL WORK SESSION March 5, 2012 P1 6 DRAFT 89 Bruce Miller, property owner in the assessment area, noted that his company has already 90 obtained appraisal information and it indicates that the improvement costs are 91 appropriate. When asked he confirmed that his company does have a client interested in 92 the area and as the process draws out longer and longer, there is always a possibility of 93 losing them. A council member noted that he feels certain that all properties assessed 94 will benefit from the improvements and he is afraid also that time kills all deals. The 95 mayor noted that it appears that the council prefers to move ahead with the plans and 96 specifications knowing that the appraisal will come. City Engineer Wedel then reviewed 97 a possibility construction schedule with the council. It could be completed this year but 98 he warned that a condemnation process could slow everything down. 99 100 The council concurred to put the matter of authorizing plans and specifications for the 101 project onto the next council agenda. 102 103 4. Centennial Utilities Franchise Ordinance — Administrator Karlson recalled that the 104 city has a franchise ordinance with Centennial Utilities (run by the City of Circle Pines) 105 that expires on March 31 of this year. He received a proposal for a new ordinance from 106 Circle Pines City Administrator Jim Keinath. Included in the proposal are some changes: 107 1) the original franchise agreement included language that would allow the city to 108 purchase its share of the system; that option no longer exists as of 2010; 2) the franchise 109 fee in place (7 %) would be capped at 5 %; 3) the Utility will no longer collect the fee at all 110 unless other utilities are charged (currently only Centennial customers are charged a 111 franchise fee in Lino Lakes); and 4) that the Lino Lakes representative be eliminated from 112 the commission that oversees the utility. Mr. Karlson noted that he had the proposed 113 agreement reviewed by the city's attorney and has been advised that the utility cannot 114 unilaterally change the contract that has been in place including stop collecting the 115 franchise fee as they have suggested; that fee is included in a contract and the contract 116 must be renegotiated. Mr. Karlson noted that his report includes a history of council 117 discussions on utility franchise fees across the board in the city and also information on 118 the status of other franchise agreements. 119 120 The Mayor noted that Centennial Utilities is a non - profit organization, not like Xcel 121 Energy or Centerpoint Energy. The franchise fee collected by Centennial would not 122 become part of a profit but would be part of the budget and therefore reduce the cost of 123 services. He suggested that he doesn't think it is a good idea to make a change to 124 customers during this time of a difficult economy. He would prefer to not act and 125 perhaps look at the issue again next year. The council expressed an interest in seeing a 126 rate comparison between all utilities. The council concurred that they would not accept 127 the proposed franchise ordinance at this time. 128 129 5. Upgrade to City Website — Administrator Karlson explained that city staff has been 130 encouraged by a council member to improve the city's Web site. He explained that 131 historically the city's Web site was managed by the receptionist who was laid off several 132 years ago. After that two employees were assigned work on Web matters, one of those 133 employees being part time and both of those employees having also been asked to assume 3 P 1 7 CITY COUNCIL WORK SESSION March 5, 2012 DRAFT 134 the city's cable television channel upkeep. Mr. Karlson said he agrees that the city's site 135 needs upgrading and he has put together a staff group that will be looking at the site for 136 updating and possible improvements. While the best option, Mr. Karlson said, is to 137 completely redo the site, he can't recommend that right now. It is a priority of staff to 138 focus on the electronic records system right now. The city Website is an important 139 communication tool and should be a high priority and it will be in the future. A council 140 member suggested that staff also consider "growing" the site — including more interactive 141 forms and social media as many other cities do. The council member suggested not using 142 staff time as much for cable television upgrades but for the Web instead; it reaches more 143 people. 144 145 The staff group will look at enhancing the Website as well as reviewing its current status. 146 147 6. City Logo — Administrator Karlson presented the option that has been developed for a 148 four -color city logo. Staff is recommending going with the logo as presented and to use it 149 on vertical business cards in the future (existing cards will not be replaced). The 150 embroidery feature on clothing will be as close as possible to the logo presented. The 151 council recommends no glossy paper and one council member recommends keeping the 152 logo in mind as an emblem on future road signage. 153 154 7. Weekly Progress Report — Administrator Karlson reviewed and updated the council 155 on the three items in the report: Organized Recycling & Yard Waste Collection; 156 Conversion to Paperless Council Packet; and Labor Negotiations. 157 158 Regarding paperless packets, Mr. Karlson noted that staff is working with the Roseville 159 IT network. That network staff is formulating a recommendation for a program that will 160 work for all the cities they serve. They may be recommending an android system for 161 staff and IPads for councils. A council member noted that staff has previously mentioned 162 the possible use of Drop Box as a free program to assist with providing electronic packets 163 to council members. However in reviewing that program, he sees that there may be a 164 problem in that the council could share information without having it open to the public. 165 Staff will pass that on to the network administrators. Staff will be forwarding a 166 recommendation to the council soon. The mayor noted that there are cities using 167 paperless packets successfully and he suggests looking at what hardware and software 168 they are using. 169 170 On the matter of labor negotiations, Mr. Karlson reviewed the status of labor contracts. 171 He sees arbitration coming on the LELS contract and so staff will continue working but it 172 may come down to an outside decision. 173 174 8. Residential Zoning Districts Ordinance — City Planner Bengtson explained that the 175 staff letter explains the changes that are suggested in this ordinance as well as the action 176 of the Planning and Zoning Board. The nine major changes were reviewed. 177 4 • • • • CITY COUNCIL WORK SESSION March 5, 2012 P1 8 DRAFT 178 The mayor noted the change regarding new impervious surface requirements from the 179 Comprehensive Plan — going from 65 percent to 40 percent. He wants to talk about 180 possible issues, perhaps with something like a swimming pool and he'd like to know the 181 impact of this change on real people living in the city. Mr. Bengtson noted that the city 182 doesn't normally see anything near the percentages unless the shoreline ordinance comes 183 into play. 184 185 The mayor noted that he disagrees with the change to a standard footprint as it's a big 186 difference between a one and two level with the same footprint. It could hurt people 187 buying lots and it doesn't protect the neighbors. He agrees with the changes to the 188 footprint size but doesn't like one standard. A council member concurred with the mayor 189 and also mentioned concerns about losing buffers with the setbacks. Mr. Grochala 190 suggested that he'd like to review more background information on the setback matter 191 before changes are made and it would have to be run through the Planning and Zoning 192 Board again if changed. He suggested that the issue come back as a separate ordinance 193 after further review as a separate consideration and the council concurred. The council 194 briefly discussed the manufactured home park section and was told by staff that cities 195 cannot ban the structures under zoning law but the homes would still have to meet other 196 city requirements. Staff is recommending the use be added to certain districts as a 197 conditional use and the council recommended that the matter be held off of the ordinance 198 for more discussion. 199 200 Review Regular Agenda — The agenda for the upcoming council meeting on March 12, 201 2012 was reviewed. There were no changes to the agenda. 202 203 The meeting was adjourned at 8:45 p.m. 204 205 These minutes were considered, corrected and approved at the regular Council meeting held on 206 March 26, 2012. 207 208 209 210 211 Julianne Bartell, City Clerk Jeff Reinert, Mayor 212 5 • • • COUNCIL MINUTES March 12, 2012 DRAFT P19 1 CITY OF LINO LAKES 2 MINUTES 3 4 DATE : March 12, 2012 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 7:35 p.m. 7 MEMBERS PRESENT : Council Member Stoesz, O'DonneIl, Rafferty, 8 Roeser, and Mayor Reinert 9 MEMBERS ABSENT : none 10 11 Staff members present: Community Development Director Michael Grochala; Chief of Police John 12 Swenson; City Planner Paul Bengston; City Engineer Jason Wedel; Environmental Coordinator Marty 13 Asleson; and City Clerk Julie Bartell 14 15 PUBLIC COMMENT 16 17 No one was present to address the council regarding a matter not on the agenda. 18 19 SETTING THE AGENDA 20 21 The agenda was approved as presented. 23 CONSENT AGENDA 24 25 Council Member Rafferty moved to approve the Consent Agenda, Items 1A through 1F, as presented. 26 Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 27 28 ITEM ACTION 29 30 Consideration of Expenditures: 31 32 March 12, 2012 (Check No. 92871 - 33 92940, $152,451.76) Approved 34 35 Centennial Fire District (Check No. 5226 - 36 5236, $3,956.89) Approved 37 38 February 27, 2012 Council Work Session 39 Minutes Approved 40 41 February 27, 2012 City Council Meeting 42 Minutes Approved 43 44 Resolution No. 12 -23, Reestablishing Precincts 45 and Polling Places Approved 1 P20 COUNCIL MINUTES March 12, 2012 DRAFT 46 47 February 27, 2012 Special Work Session Minutes Approved 48 49 Resolution No. 12 -26, Authorizing New Tobacco 50 License for Corner Express, 7997 Lake Drive Approved 51 52 FINANCE DEPARTMENT REPORT 53 54 There was no report from the Finance Department. 55 56 ADMINISTRATION DEPARTMENT REPORT 57 58 3A) Second Reading and Adoption of Ordinance No. 04 -12, Amending Title 700, Chapters 701 59 and 702 of the Lino Lakes Code of Ordinances, regarding Liquor and Beer, adding Off -Sale 60 Growler License - City Clerk Bartell reported that based on direction from the City Council and with 61 the assistance of the City Attorney, staff prepared an ordinance that adds a new type of liquor license 62 to the city code. An Off -Sale Growler license would allow either a State licensed brewery 63 or a facility with an on -sale liquor license to sell their brewed product. The product may only be 64 packaged as "growlers ", as defined by state statute, and sales are governed under regular off -sale 65 regulations. The fee for this license will be $200 per year. The council approved first reading of the 66 ordinance on February 27. Staff is now recommending that the council approve the second reading 67 and adoption of Ordinance No. 04 -12 amending the city code to include an Off -Sale Growler license. 68 69 Council Member Roeser moved to waive full reading of the ordinance. Council Member O'Donnell 70 seconded the motion. Motion carried on a unanimous voice vote. 71 72 Council Member Roeser moved to approve the 2nd Reading and adoption of Ordinance No. 04 -12 as 73 presented. Council Member Stoesz seconded the motion. Motion carried; Yeas, 5; Nays none. 74 75 PUBLIC SAFETY DEPARTMENT REPORT, 76 77 4A) Authorize Police Department to convert certain seized property for use by the Department 78 — Public Safety Director Swenson noted that city ordinance authorizes the city council to move 79 property from seizure status for use by the city. All statutory requirements for this type of conversion 80 including notification have been fulfilled. Staff requests authorization to utilize this computer 81 equipment within the department. 82 83 Council Member O'Donnell moved to approve the conversion of property as requested. Council 84 Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 85 86 4B) Resolution No. 12 -25 Authorizing city participation in the Anoka County All Hazard 87 Mitigation Plan — Public Safety Director Swenson explained that this Plan was actually approved by 88 the council in 2003 but it should be reviewed and adopted regularly by involved cities. The staff 89 report includes the portions of the Plan that relate to the city of Lino Lakes. He is comfortable 90 continuing with this Plan. A council member asked if this requires a city commitment of any type and 2 • • • COUNCIL MINUTES March 12, 2012 P21 DRAFT 91 the Chief explained that one element is the requirement to have this in place in order to receive 92 FEMA funds in case those are ever needed. 93 94 Council Member Rafferty moved to approve Resolution No. 12 -25 as presented. Council Member 95 Roeser seconded the motion. Motion carried on a unanimous voice vote. 96 97 PUBLIC SERVICES DEPARTMENT REPORT 98 99 There was no report from the Public Services Department. 100 101 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 102 103 6A) Resolution No. 12 -24 Approving Wollens Park Wetland Banking Application - 104 Environmental Coordinator Asleson explained that the resolution would approve an application for 105 wetland banking, a process included in the city's Environmental Board goals. Wetland banking is a 106 convenient way to replace wetlands drained or filled for development, allowing the purchase of 107 credits for that replacement. This was first proposed (Wollens Park) in 2009 and was approved by the 108 Rice Lake Watershed District in turn. This would be a Part B application and is recommended by the 109 Environmental Board with some directions. He explained the amount of land available and that could 110 be offered for sale. A council member noted costs to the city involved and received assurance from 111 staff that those costs would not overcome the value of the credits. Mr. Asleson assured the council 112 that the city shouldn't have any difficulty selling the credits. He added that an additional 113 consideration is that the area in question has many varieties of rare plants that will be protected. 114 115 Council Member Roeser moved to approve Resolution No. 12 -24 as presented. Council Member 116 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 117 118 6B) 1st Reading of Ordinance No. 05 -12, Amending Chapter 8 of the Lino Lakes City Charter 119 regarding Public Improvements and Special Assessments) for referral to the Lino Lakes 120 Charter Commission — Community Development Director Grochala noted that this ordinance 121 represents a proposed charter amendment and the process for such is laid out by state law. The 122 ordinance would be referred to the Charter Commission if first reading is approved by the council. 123 The amendment itself relates to public improvements, a subject under discussion for a number of 124 years in the city. This ordinance stems from a citizens task force recommendation in 2007 that didn't 125 go the ballot because of a citizen petition that was submitted. The citizen task force recommendation 126 has been tweaked somewhat in this ordinance to add a reverse referendum. He put up for review a 127 flow chart indicating how public improvements would be proposed and considered under the 128 ordinance. The steps of the chart were reviewed, especially noting the several areas of citizen 129 involvement and input. Staff is recommending that the council approve the 1St reading of the 130 ordinance for referral to the Charter Commission. 131 132 A council member asked for information about the feasibility study portion of the process and if that 133 is a time when changes in the elements of a project can be considered. Mr. Grochala concurred that 134 the feasibility study would include all elements but the council may consider components to be 135 removed during the process after that study is presented and based on citizen input. The mayor also 3 P22 COUNCIL MINUTES March 12, 2012 DRAFT 136 offered an explanation of the ability to change components and how that benefits the process. He 137 added how this proposal lays out a clearer path to get roads improved in the city. 138 139 Mr. Grochala added that he had the opportunity to speak with the Chair of the Charter Commission to 140 review this ordinance and he offered the services of staff to provide information about the proposal to 141 the commission at their request. 142 143 Council Member Roeser moved to approve the 1st Reading and referral of Ordinance No. 05 -12 as 144 presented. Council Member Rafferty seconded the motion. Motion carried on a unanimous voice 145 vote. 146 147 6C) This item had been removed from the agenda. 148 149 6D) Zoning Amendment — Section 6 — Residential Zoning Districts: 150 i. Consider 2nd Reading of Ordinance No. 03 -12, Amending Section 6, Residential Districts 151 of the city's Zoning Ordinance 152 ii. Resolution No. 12 -16, Summarizing Ordinance No. 03 -12 for publication purposes. 153 154 City Planner Bengston explained that this ordinance is before the council for consideration of 2" 155 reading. At a recent work session the council reviewed this ordinance and requested clarification of 156 several points. The mobile home park changes have been clarified; the information removed will be 157 further explained when Section 3 is reviewed. Another change was going back to the current 158 standards for the certain building sizes; staff has made the change requested by the council, leaving 159 the footprint size as originally presented. He also reviewed the additional clarification on the floor 160 area for additions. The other changes in the ordinance were also briefly reviewed. 161 162 Council Member Roeser moved to waive the full reading of the ordinance. Council Member Stoesz 163 seconded the motion. Motion carried on a unanimous voice vote. 164 165 Council Member O'Donnell moved to approve the 2nd Reading and Adoption of Ordinance No. 03 -12 166 as presented. Council Member Roeser seconded the motion. Motion carried: Yeas, 5; Nays none. 167 168 Council Member Roeser moved to approve Resolution No. 12 -16 authorizing summary publication. 169 Council Member Stoesz seconded the motion. Motion carried on a unanimous voice vote. 170 171 6E) Resolution No. 12 -27, Authorize Plans and Specifications for Otter Lake Road Extension 172 Improvement Project — Community Development Director Grochala explained the improvements 173 proposed to a section of Otter Lake Road to facilitate development in the area. Discussion of the 174 improvements goes back to 2011 and most recently the council held a public hearing on the 175 improvements. He presented a map indicating the area and type of the improvements. The plans and 176 specifications are proposed to be prepared by WSB the city's engineer. The cost of that work would 177 be rolled into the total projects cost as it moves forward. A council member asked about the 178 schedule for receiving the special appraisal data and heard that it would be mid -May when that 179 information comes forward. The mayor added his explanation of the benefit of proceeding with the 180 improvements and explained clearly the location of the roadway. 4 • • COUNCIL MINUTES March 12, 2012 DRAFT 181 182 Council Member Rafferty moved to approve Resolution No. 12 -27 as presented. Council Member 183 Roeser seconded the motion. Motion carried on a unanimous voice vote. 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 ADJOURN 202 203 There being no further business, Council Member Rafferty moved to adjourn at 7:35 p.m. Council 204 Member Stoesz seconded the motion. Motion carried on a unanimous voice vote. 205 206 These minutes were considered and approved at the regular Council Meeting, March 26, 2012. 207 208 209 210 Julianne Bartell, City Clerk Jeff Reinert, Mayor 211 UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS There was no New Business. COMMUNITY CALENDAR P23 Wednesday, March 14 Monday, March 26 Monday, March 26 Community Calendar — A Look Ahead March 12, 2012 through March 26, 2012 6:30 pm, Council Chambers Planning & Zoning 5:30 pm, Community Room Council Work Session 6:30 pm, Council Chambers City Council Meeting • • CITY COUNICL AGENDA ITEM 1D STAFF ORIGINATOR: Julie Bartell, City Clerk DATE: March 26, 2012 TOPIC: Approve Application of Rice Lake Elementary PTO to Conduct Two Excluded Bingo Events VOTE REQUIRED: 3/5 INTRODUCTION The City has received an application from a representative of the Rice Lake Elementary PTO to conduct two excluded bingo events at the school at 575 Birch Street on April 15 and September 14, 2012. BACKGROUND Under Minnesota Statutes, Section 349.166, excluded bingo may be conducted by an organization that conducts four or fewer bingo occasions in a calendar year, or in connection with a county fair, the state fair, or a civic celebration if it is not conducted for more than 12 consecutive days. The Rice Lake Elementary PTO organization meets this requirement. The organization also meets the requirements of the Lino Lakes City Code since the physical site where the organization regularly conducts its activities is located within the city. The application and background information are on file in the city clerk's office. RECOMMENDATION: Approve the request to conduct two bingo events. CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Jeff Karlson, City Administrator MEETING DATE: March 26, 2012 TOPIC: Resolution Extending VLAWMO Joint Powers Agreement VOTE REQUIRED: 3/5 INTRODUCTION The Vadnais Lake Area Water Management Organization (VLAWMO) is requesting an extension of the Joint Powers Agreement. BACKGROUND The VLAWMO Joint Powers Agreement was ratified in 2006 in conjunction with the 10 -year Comprehensive Water Management Plan that was approved in 2007. It has been amended twice since then. In 2008, the section addressing the financing of the watershed was amended to allow for the storm water utility. In 2009, VLAWMO completed the cleanup of the watershed boundaries with its neighbors and amended the legal description. The proposed change is to extend the existing JPA until December 31, 2016. RECOMMENDATION Staff recommends approval of Resolution No. 12 -32, extending the Joint Powers Agreement. P24 P25 CITY OF LINO LAKES RESOLUTION NO. 12 -32 RESOLUTION APPROVING THE EXTENSION OF VLAWMO JOINT POWERS AGREEMENT WHEREAS, the cities of Gem Lake, Lino Lakes, North Oaks, Vadnais Heights, and White Bear Lake and the Township of White Bear have entered into a Joint Powers Agreement to meet the requirements of the Metropolitan Surface Water Management Act of 1983; and WHEREAS, the parties have agreed that it is reasonable, appropriate, and in the best interests of the public to extend the Agreement until December 31, 2016. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota that Section IX of the Agreement be amended to read: "Each member agrees to be bound by the terms of this Agreement until December 31, 2016." Adopted by the City Council of the City of Lino Lakes this 26th day of March 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell, City Clerk Jeff Reinert, Mayor • • P26 • CITY COUNCIL AGENDA ITEM 5A STAFF ORIGINATOR: Rick DeGardner, Public Services Director MEETING DATE: March 26, 2012 TOPIC: PUBLIC HEARING, Consider Resolution No. 12 -28, Submitting an Outdoor Recreation Grant Application to the Minnesota DNR VOTE REQUIRED: 3/5 INTRODUCTION Staff has finalized a $125,000 Outdoor Recreation Grant Program application for Phase I development of the Recreation Complex. This grant program is provided by the Minnesota Department of Natural Resources and is designed to assist local governments in developing outdoor recreational facilities. Phase I consists of constructing two multi -use fields (soccer, football, and lacrosse), two youth baseball fields, a gravel parking lot, and gravel trails (see attached). Applications must be submitted by March 30th with funding announcements made in the summer. BACKGROUND Overall costs for Phase I are estimated at $425,000. Upon a successful grant award, we anticipate commencing construction in the spring of 2013 and concluding in the fall of 2013. Proposed funding for this project includes the grant award, dedicated parks funds, and budget reserves. We are currently working with local youth sports associations to seek volunteer commitments and exploring other grant opportunities. An unsuccessful grant application will delay development until additional funding can be secured. Estimated annual maintenance expenses (field preparation, mowing and trimming, irrigation, turf maintenance, garbage collection, portable restrooms, etc.) amount to $33,400. It is anticipated that renovating an athletic field every three to five years will be needed at a range of $5,000 - $25,000 depending upon the scope of the project. Every ten years there is potential for more significant repairs to the athletic fields (i.e. replace fencing, major reconstruction of playing surface including regrading and recrowning, etc.) at a range of $25,000 - $75,000 depending upon the scope of the project. RECOMMENDATION Approve Resolution No. 12 -28 Submitting an Outdoor Recreation Grant Application to the Minnesota DNR. • ATTACHMENTS Recreational Site Plan — Phase 1 Enlargement P27 CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 12 -28 SUBMITTING AN OUTDOOR RECREATION GRANT APPLICATION TO THE MINNESOTA DNR WHEREAS, In 1999, the City of Lino Lakes acquired 62 acres of property located at the southeast corner of Birch Street (CSAH 10) and Centerville Road (CSAH 21) for development of a Recreation Complex; and WHEREAS, Phase One development of the Lino Lakes Recreation Complex consists of two multi - purpose (soccer, football, lacrosse, etc) fields, two youth baseball fields, gravel trails, and a gravel parking lot. The City of Lino Lakes owns the property in its entirety and therefore no lands will need to be acquired as part of this project; and WHEREAS, Development of the Recreation Complex has been a priority for the City since 1991 when the Comprehensive Park and Trail Plan was developed. The need for improved recreation opportunities has been expressed by residents in community surveys and the 20/20 Vision Community Planning Project. Additionally, the City's vision as well as the growth and increased number of organized sports participants within the City and surrounding areas has necessitated the need for a Recreation Complex. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the City of Lino Lakes act as legal sponsor for the Project contained in the Outdoor Recreation Grant Application to be submitted on March 30, 2012 and that the Public Services Director is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the City of Lino Lakes. BE IT FURTHER RESOLVED that the City of Lino Lakes has the legal authority to apply for financial assistance, and financial capability to meet the match requirement and ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Lino Lakes has not incurred any development costs described in the grant program regulations. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Lino Lakes may enter into an agreement with the State of Minnesota for the above - referenced project, and that the City of Lino Lakes certifies that it will comply with all applicable laws and regulations as stated in the grant agreement including dedicating the park property for outdoor recreation uses into perpetuity. • • • • • • Adopted by the Council of the City of Lino Lakes this 26th day of March, 2012. 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: Julianne Bartell, City Clerk Jeff Reinert, Mayor P28 • • • ON 0 a LL CDr/ as II C LL! a fA Y/ c =U CC co CD Q Z \V z Vi i a� .� � O c CD _J ' ,I oo _ prom aiiinaa3uaD. area n;eu6ig luezHIddy )13018 321 JA NUS ir,/77 ' ., 8 i l I' s ^7 (K� 0) z � AIi 411 1.4 /�I j.ql � I 9" ■ • , • • • • u .+ 1.J • • 4 3 i 3 1 L L • 1 ett 0 u ■ IC. cat lO L I(d bA yI�4I co bA co a Park Boundary 1 1 cu o E• 0 " Proposed facilities Future facilities 1 Graphic Scale • • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: INTRODUCTION CITY COUNCIL AGENDA ITEM 6A Michael Grochala March 26, 2012 Consider Resolution No. 12 -29, Calling for Hearing to Establish Cartway Simple Majority The City has received a petition from Mr. Adam Johnson, 2055 Otter Lake Drive, to establish a cartway easement to provide access to a landlocked parcel he owns. Minnesota Statutes Chapter 435.37 provides a process for the establishment of a cartway subject to certain minimum requirements. BACKGROUND The petitioner owns a tract of land of approximately 10 acres in area adjacent to his homestead property. The properties are separated by a water channel flowing into Otter Lake. The petitioner is only able to access the property over the channel or by a private road owned by the Oak Brook Peninsula Homeowners Association. The petitioner has stated that previous requests to use the existing roadway have been denied by the association. Accordingly the petitioner is requesting that the cartway be established over the existing private roadway. Minn. Stat. § 435.37 provides that upon petition presented to the city council, by the owner of a tract of land containing at least five acres, who has no access thereto except over a navigable waterway or over the lands of others the city council by resolution shall establish a cartway of at least two rods wide (33 feet) connecting the petitioner's land with a public road. In accordance with the statutory requirements after receipt of the petition the council must do the following: 1. Confirm that the threshold requirements for a cartway exist. a. The petitioner owns a tract of land containing at least five acres. b. Petitioner has no other access to that tract except over a navigable waterway or over the lands of others. 2. Select a route for the cartway. Given the layout of the property and channel, there does not appear to me any practical alternative other than use of the private road as proposed by the petitioner. 3. Issue an order that does the following: P30 P31 a. Describes the proposed cartway; b. Sets a date and time for a hearing; c. Contains the statutory notice to affected landowners; and d. Orders the petitioner to personally serve those landowners, and post notice of the hearing at least ten days before the hearing. 4. Decide whether a bond or other security has to be filed by the Petitioner for the total estimated damages before further action is taken. The resolution includes the requirement to establish an escrow in the amount of $5,000. The petitioner will be responsible for all costs incurred by the city. The petitioner is then responsible for serving notice to all property owners including the association. The council then conducts a hearing on the cartway to hear from all interested parties. Following completion of the hearing the council makes the final decision on the location of the cartway and damages, if any. Damages may include compensation to the land owner(s), costs and expenses incurred by the city, and annual maintenance costs. Because the road is already in place no construction is necessary. However the council if so established may designate the cartway as a private driveway for which no City funds will be extended. The Council's decision on the damages is to be filed with the City Clerk, who then has seven days to notify the petitioner. A certified copy of the Council's order establishing the cartway must be filed with the County Recorder. The Council's decision may be appealed within 30 days to the district court. Resolution No. 12 -29 sets the date for the hearing on April 23, 2012. RECOMMENDATION Staff is recommending approval of Resolution No. 12 -29 Calling for a hearing to establish a cartway. ATTACHMENTS 1. Resolution No. 12 -29 2. Location Map 2 • • • CITY OF LINO LAKES RESOLUTION NO. 12 -29 CALLING FOR A HEARING UPON PETITION REQUESTING THE ESTABLISHMENT OF A CARTWAY WHEREAS, The City of Lino Lakes has received a Petition for the Establishment of a Cartway. A copy of the Petition is attached to and made part of hereof as Exhibit A, and WHEREAS, The Petition seeks to establish a cartway pursuant to Minnesota Statute 435.37. The description of the proposed cartway is: Outlot A Oak Brook Peninsula and A strip of land 60.00 feet in width over and across the following described property: Outlot B, Otter Lake Estates, according to the recorded plat thereof, Government Lot 7, Section 36, Township 31, Range 22, Anoka County, Minnesota, excepting therefrom any and all property over and across said 60 foot strip which is located in Government Lot 6 of said Section 36. The Centerline of said strip of land is described as follows: Commencing at a point on the south line of the North 1001.86 feet of said Government Lot 7 distant 685 feet East from the West line of said Government Lot 7, said South line has an assumed bearing of South 89 degrees 06 minutes 58 seconds East, thence North 0 degrees 53 minutes 02 seconds East 13.70 feet to the point of beginning of the centerline to be described, Thence South 89 degrees 14 minutes 24 seconds East 70.95 feet, Thence Southeasterly 93.50 feet along a tangential curve concave to the Southwest having a central angle of 50 degrees 16 minutes and a radius of 106.58 feet, Thence South 38 degrees 58 minutes 24 seconds East and tangent to said curve 109.17 feet, Thence Southeasterly 136.39 feet along a tangential curve concave to the Northeast having a central angle of 30 degrees 16 minutes and a radius of 258.19 feet, Thence South 69 degrees 14 minutes 24 seconds East and tangent to said described curve 222.50 feet, 3 P32 P33 Thence Southerly 93.81 feet along a tangential curve concave to the West having a central angle of 70 degrees 12 minutes 15 seconds and a radius of 76.56 feet, Thence Easterly 47.12 feet along a reserve curve having a central angle of 90 degrees 00 minutes and a radius of 30.00 feet; Thence South 89 degrees 02 minutes 09 seconds East and tangent to last described curve 15.00 feet and said centerline there terminating. The legal description of the tract of land over which the proposed cartway would pass is: Outlot A Oak Brook Peninsula and A strip of land 60.00 feet in width over and across the following described property: Outlot B, Otter Lake Estates, according to the recorded plat thereof, Government Lot 7, Section 36, Township 31, Range 22, Anoka County, Minnesota, excepting therefrom any and all property over and across said 60 foot strip which is located in Government Lot 6 of said Section 36. The Centerline of said strip of land is described as follows: Commencing at a point on the south line of the North 1001.86 feet of said Government Lot 7 distant 685 feet East from the West line of said Government Lot 7, said South line has an assumed bearing of South 89 degrees 06 minutes 58 seconds East, thence North 0 degrees 53 minutes 02 seconds East 13.70 feet to the point of beginning of the centerline to be described, Thence South 89 degrees 14 minutes 24 seconds East 70.95 feet, Thence Southeasterly 93.50 feet along a tangential curve concave to the Southwest having a central angle of 50 degrees 16 minutes and a radius of 106.58 feet, Thence South 38 degrees 58 minutes 24 seconds East and tangent to said curve 109.17 feet, Thence Southeasterly 136.39 feet along a tangential curve concave to the Northeast having a central angle of 30 degrees 16 minutes and a radius of 258.19 feet, Thence South 69 degrees 14 minutes 24 seconds East and tangent to said described curve 222.50 feet, Thence Southerly 93.81 feet along a tangential curve concave to the West having a central angle of 70 degrees 12 minutes 15 seconds and a radius of 76.56 feet, Thence Easterly 47.12 feet along a reserve curve having a central angle of 90 degrees 00 minutes and a radius of 30.00 feet; 4 • • • • Thence South 89 degrees 02 minutes 09 seconds East and tangent to last described curve 15.00 feet and said centerline there terminating. s and WHEREAS, Minnesota Statute 435.37, subd. 1(a), requires a city council to establish a cartway at least two rods wide connecting a petitioner's land to a public road if a petition is presented by the owner of a tract of land containing at least five acres who has no access thereto except over lands of others; and WHEREAS, Minnesota Statute 435.37, subd. 1(b), says that the city council may select an alternate route other than that petitioned for if the alternate route is deemed by the city council to be less disruptive and less damaging to the affected landowners and in the public's best interest.; and WHEREAS, Minnesota Statute 435.37, subd. 1(c), states that the amount of damages must be paid by the petitioner to the city before the cartway is opened. For the purposes of said subdivision, damages means (1) the compensation (if any) awarded to the owner of the land upon which the cartway is established and (2) the costs of professional and other services, hearing costs, administrative costs, recording costs, and other costs and expenses that the city may incur in connection with the proceedings for the establishment of the cartway. NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes, Minnesota, pursuant to Minnesota Statutes 435.37 and 164.07 that: 1. A hearing upon the attached Cartway Petition shall be held at the City Hall in the City of Lino Lakes on April 23, 2012, at 6:30 p.m. 2. The purpose of the hearing shall include, but is not limited to, determining: a. Whether the Petitioner is entitled to a cartway under Section 435.37, subd. 1(a); b. If so, whether the cartway should be located where requested and to the width requested, or whether it should be located at an alternate route or of a different width. c. What damages, if any, must the Petitioner pay to affected landowners for the establishment of the cartway; d. What other damages have been incurred or likely will be incurred by the City in connection with the establishment of the cartway; and e. Any other issue or matter that might relate to the cartway petition. P34 P35 3. The Petitioner shall a. Cause personal service of this Order and the Cartway Petition to be made upon each owner and occupant of land over which or adjacent to which the proposed cartway would pass, and upon each person whose land would be reasonably expected to be affected by the establishment of the proposed cartway; b. Post a copy of this Order and the Cartway Petition at the City's posting places; c. Accomplish items 3 (a) and (b) at least ten days before the cartway hearing; and d. Submit to the City an affidavit, prior to the hearing, showing that items 3 (a) — (c) have been accomplished. e. Escrow $5,000.00 with the City to cover the City's costs and expenses pursuant to Minnesota Statute section 435.37, subdivision 1(c). No further action by the City, including the hearing, shall occur until the escrow is in place. The petitioner will be required to cover all costs incurred by the city. The petitioner shall replenish the escrow balance as directed by the Community Development Director. 4. The proposed cartway, if approved, will be coextensive with a portion of an existing, privately owned driveway (Outlot A, Oak Brook Peninsula). It is the Council's intention to retain private ownership of that driveway. It is not in the public's interest to expend public funds on the cartway or to make the cartway into a public road. 5. All persons who wish to be heard on any of these issues identified above, or of any other issue or matter relating to the Cartway Petition, should appear at the hearing and be prepared to offer or present any testimony, evidence, opinions, or views that they may have. 6. Affected landowners are hereby notified, pursuant to Minnesota Statute 164.07, subd. 2, that they are entitled to judicial review if the cartway is established, but that to do so they must follow all of the procedures set forth in Minnesota Statute Section 164.07, subd. 7, including but not limited to serving and filing a notice of appeal within 40 days after the filing of the award of damages, and within ten days after the filing of the award of damages if they wish to delay the opening of the cartway, together with an approved bond of not less than $250. Adopted by the Council of the City of Lino Lakes this day of , 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member 6 • and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell, City Clerk • • 7 Jeff Reinert, Mayor P36 P37 Exhibit A STATE OF MINNESOTA CITY OF LINO LAKES In Re the Petition of Adam C. Johnson for the Establishment of a Cartway Pursuant to Minnesota Statute § 435.37 PETITION FOR CARTWAY TO: THE LINO LAKES CITY COUNCIL Your Petitioner respectfully represents and shows as follows: 1. Petitioner's name is Adam C. Johnson. Petitioner is a home and property owner within your jurisdiction. Petitioner's situation involves a landlocked tract of land owned by Petitioner, which contains "at least five acres," and is unreachable except "over a navigable waterway or over the lands of others." Minn. Stat. § 435.37. Pursuant to Minn. Stat. § 435.37, a petition is hereby made to this City Council for the establishment of an easement for a cartway. 2. 3. Petitioner resides at 2055 Otter Lake Drive, Lino Lakes, MN 55110 (the "Home Property "). Petitioner also owns a tract of land of approximately ten (10) acres (the "Landlocked Lot "), but a channel of water flowing into Otter Lake (the "Channel ") separates Petitioner's Home Property from Petitioner's Landlocked Lot. On the Anoka County GIS Department website, the landlocked lot is immediately east of the easternmost edge of Lot 2055, which is Petitioner's Home Lot. The Home Lot is on the west side of the Channel, and the Landlocked Lot is on the east side of the Channel. 4. Petitioner is unable to access the Landlocked Lot except over either the Channel or the lands of others. The applicable Parcel Identification Numbers for Petitioner's property are 36- 31 -22 -32 -0002, 36- 31 -22 -23 -0021, 36- 31 -22 -23 -0029, and 36- 31 -22 -23 -0028. Further, the legal description of Petitioner's property is as follows: That part of Outlot B, OT 'hR LAKE ESTATES, as corrected by surveyor's certificate filed as Anoka County recorder document No. 858879, lying easterly, southwesterly, southerly, and easterly of the following described line: Commencing at the southeasterly corner of Lot 5, Block 3, said OTTER LAKE ESTATES, thence on an assumed bearing of North 89 degrees 56 minutes 00 • • • • • seconds East, along the south line of said Outlot B a distance of 256.22 feet to the point of beginning of the line to be described.; thence North 4 degrees 18 minutes 53 seconds East a distance of 107.14 feet; thence North 29 degrees 48 minutes 53 seconds East a distance of 63 feet; thence North 57 degrees 48 minutes 53 seconds East a distance of 60 feet; thence North 83 degrees 48 minutes 53 seconds East a distance of 62 feet; thence South 46 degrees 11 minutes 07 seconds East a distance of 288.47 feet to the south line of the north 971.86 feet of said Outlot B, as measured parallel with the north line thereof; thence North 89 degrees 56 minutes 00 seconds East, along said south line, a distance of 25.58 feet; thence North 8 degrees 14 minutes 46 seconds East a distance of 167.32 feet; thence north 14 decrees 01 minutes 34 seconds West a distance of 105.01 feet; thence North 27 degrees 45 minutes 00 seconds West a distance of 101.02 feet; thence North 10 degrees 33 minutes 23 seconds West a distance of 131.25 feet; thence North 39 degrees 53 minutes 57 seconds East a distance of 104.10 feet; thence North 58 degrees 10 minutes 32 seconds East a distance of 103.24 feet; thence North 33 degrees 51 minutes 25 seconds East a distance of 117.48 feet; thence North 5 degrees 05 minutes 16 seconds East a distance of 77.06 feet; thence North 28 degrees 01 minutes 38 seconds West a distance of 201.01 feet to a point on the north line of said Outlot B distant 328.94 feet east from the northeast corner thereof, and said line there terminating. AND lying northerly, northeasterly, and easterly of Outlot A, OAK BROOK PENINSULA. That part of Government Lot 7, Section 36, Township 31, Range 22 lying southerly and westerly of Outlot B, OTTER LAKE ESTATES, as corrected by surveyor's certificate filed as Anoka County recorder document No. 858879, and northeasterly of Outlot A, OAK BROOK PENINSULA. That part of Government Lot 6, Section 36, Township 31, Range 22, lying west of the southerly extension of the east line of Outlot B, OTTER LAKE ESTATES, as corrected by surveyor's certificate filed as Anoka County recorder document No. 858879, and Lying easterly and northerly of Outlot A, OAK BROOK PENINSULA. The Landlocked Lot is located at Parcel Identification Number 36- 31 -22 -23 -0021, and is also connected to PID Number 36- 31 -22 -32 -0002. Both PID Numbers are located on the east -2- P38 P39 side of the Channel. PID Number 36- 31 -22 -23 -0021 is legally described as follows: That part of Outlot B, OTTER LAKE ESTATES, as corrected by surveyor's certificate filed as Anoka County recorder document No. 858879, lying easterly, southwesterly, southerly, and easterly of the following described line: Commencing at the southeasterly corner of Lot 5, Block 3, said OTTER LAKE ESTATES, thence on an assumed bearing of North 89 degrees 56 minutes 00 seconds East, along the south line of said Outlot B a distance of 256.22 feet to the point of beginning of the line to be described; thence North 4 degrees 18 minutes 53 seconds East a distance of 107.14 feet; thence North 29 decrees 48 minutes 53 seconds East a distance of 63 feet; thence North 57 degrees 48 minutes 53 seconds East a distance of 60 feet; thence North 83 decrees 48 minutes 53 seconds East a distance of 62 feet; thence South 46 degrees 11 minutes 07 seconds East a distance of 288.47 feet to the south line of the north 971.86 feet of said Outlot B, as measured parallel with the north line thereof; thence North 89 degrees 56 minutes 00 seconds East, along said south line, a distance of 25.58 feet; thence North 8 degrees 14 minutes 46 seconds East a distance of 167.32 feet; thence north 14 degrees 01 minutes 34 seconds West a distance of 105.01 feet; thence North 27 degrees 45 minutes 00 seconds West a distance of 101.02 feet; thence North 10 degrees 33 minutes 23 seconds West a distance of 131.25 feet; thence North 39 degrees 53 minutes 57 seconds East a distance of 104.10 feet; thence North 58 degrees 10 minutes 32 seconds East a distance of 103.24 feet; thence North 33 degrees 51 minutes 25 seconds East a distance of 117.48 feet; thence North 5 decrees 05 minutes 16 seconds East a distance of 77.06 feet; thence North 28 degrees 01 minutes 38 seconds West a distance of 201.01 feet to a point on the north line of said Outlot B distant 328.94 feet east from the northeast corner thereof, and said line there terminating. AND lying northerly, northeasterly, and easterly of Outlot A, OAK BROOK PENNSULA. PID Number 36- 31 -22 -32 -0002 is described as follows: THAT PRT OF N 61.50 FT OF GOVT LOT 6 SEC 36 TWP 31 RGE 22 LYG W OF SLY EXTN OF E LINE OF OUTLOT B OTTER LAKE ESTATES & LYG NELY OF A LINE PRLL/W & 30 FT N.Y OF FOL DESC LINE, COM AT A PT ON S LNE OFN 1001.86 FT OF GOVT LOT 7 SD SEC 685 FT E OF W -3- • • • • • • LATE THEREOF (SD S LATE HAS AN ASSD BRG OF S 89 DEG 06 MIN 58 SEC E), TH N 0 DEG 53 MIN 02 SEC E 13.70 FT TO FOB OF SD LINE, TH S 89 DEG 14 MIN 24 SEC E 70.95 FT, TH SELY 93.50 FT ALG A TAN CUR CONC TO SW HAV A CEN ANG OF 50 DEG 16 MIN & A RAD OF 106.58 FT, TH S 38 DEG 58 MIN 24 SEC E TAN TO SD CUR 109.17 FT, TH SELY 136.39 FT ALG A TAN CUR CONC TO NE HAV A CEN ANG OF 30 DEG 16 MIN RAD OF 258.19 FT, TH S 69 DEG 14 MIN 24 SEC E TAN TO SD CUR 222.50 FT, TH SLY 93.81 FT ALG A TAN CUR CONC TO W HAV CEN ANG OF 70 DEG 12 MIN 15 SEC & RAD OF 76.56 FT, TH ELY 47.12 FT ALG A REV CUR HAV A CEN ANG OF 90 DEG & A RAD OF 30 FT, TH S 89 DEG 02 MIN 09 SEC E TAN TO SD CUR 15 FT & SD LINE THERE TERM, SUBS TO EASE OF REC. 5. The Oak Brook Peninsula Homeowners Association formerly owned a private roadway, which includes a bridge over the Channel (the "Bridge ") and would connect Petitioner's Home Property with Petitioner's Landlocked Lot. However, individuals who formerly represented, or were members of, the Oak Brook Peninsula Homeowners Association have denied Petitioner's requests for access across the Bridge in order to reach Petitioner's Landlocked Lot. Therefore, pursuant to Subdivision 1 of Minn. Stat. § 435.37, this Petition is being made to establish an easement for a cartway over the Bridge that the Oak Brook Peninsula Homeowners Association already constructed and formerly privately owned. The legal description of the private roadway is as follows: Outlot A Oak Brook Peninsula and A strip of land 60.00 feet in width over and across the . following described property: Outlot B, Otter Lake Estates, according to the recorded plat thereof, Government Lot 7, Section 36, Township 31, Range 22, Anoka County, Minnesota, excepting therefrom any and all property over and across said 60 foot strip which is located in Government Lot 6 of said Section 36. The Centerline of said strip of land is described as follows: Commencing at a point on the south line of the North 1001.86 feet of said Government Lot 7 distant 685 feet East from the West line of said Government Lot 7, said South line has an assumed bearing of South 89 degrees 06 minutes 58 -4- P40 P41 seconds East, thence North 0 degrees 53 minutes 02 seconds East 13.70 feet to the point of beginning of the centerline to be described, Thence South 89 degrees 14 minutes 24 seconds East 70.95 feet, Thence Southeasterly 93.50 feet along a tangential curve concave to the Southwest having a central angle of 50 degrees 16 minutes and a radius of 106.58 feet, Thence South 38 degrees 58 minutes 24 seconds East and tangent to said curve 109.17 feet, Thence Southeasterly 136.39 feet along a tangential curve concave to the Northeast having a central angle of 30 degrees 16 minutes and a radius of 258.19 feet, Thence South 69 degrees 14 minutes 24 seconds East and tangent to said described curve 222.50 feet. Thence Southerly 93.81 feet along a tangential curve concave to the West having a central angle of 70 degrees 12 minutes 15 seconds and a radius of 76.56 feet, Thence Easterly 47.12 feet along a reserve curve having a central angle of 90 degrees 00 minutes and a radius of 30.00 feet; Thence South 89 degrees 02 minutes 09 seconds East and tangent to last described curve 15.00 feet and said centerline there terminating. 6. Alan S. Law and Sandra L. Steen -Law conveyed and quitclaimed the above described private roadway to the Oak Brook Peninsula Homeowners Association via Quit Claim Deed on May 14, 2003. However, the Oak Brook Peninsula Homeowners Association underwent involuntary dissolution on September 20, 2005. Therefore, Petitioner names in this petition the following individuals who have an actual or potential legal interest in the use of the above described private roadway as actual or potential owners of the private roadway. Each of the following individuals was a member of the Oak Brook Peninsula Homeowners Association or is owners of, or taxpayers for, land that abuts the private roadway described above. These individuals' names and addresses are as follows: • Jodell Marie Helier, 2155 Otter Lake Drive, Lino Lakes, MN 55110 o Lot 1 Block 1 Oak Brook Peninsula • Russell Dean Melton, 2150 Otter Lake Drive, Lino Lakes, MN 55110 o Lot 2 Block 1 Oak Brook Peninsula -5- • • • • • • • Julie A. and Paul G. Schwartz, 2140 Otter Lake Drive, Lino Lakes, MN 55110 o Lot 3 Block 1 Oak Brook Peninsula • Mark Ronald Smith, 2120 Otter Lake Drive, Lino Lakes, MN 55110 o Lot 4 Block 1 Oak Brook Peninsula • Alan S. Law And Sandra L. Steen -Law, 2100 Otter Lake Drive, Lino Lakes, MN 55110 o Lot 5 Block 1 Oak Brook Peninsula 7. In accordance with Subdivision 2 of Minn. Stat. § 435.37, Petitioner will pay Petitioner's equitable portion for the cost of maintenance of the cartway as a "private property owner[] who ha [s] no access to [his] land except by way of the cartway." Minn. Stat. § 43 5.3 7 (2). 8. The following information may assist this City Council in its determination of Petitioner's equitable share of maintenance expenses of the cartway easement over the Bridge in accordance with Subdivision 2 of Minn. Stat. § 435.37. Petitioner plans to use the cartway easement for year -round walking and seasonal driving. Petitioner will walk over the cartway easement approximately 2 -3 times per week. Petitioner anticipates using the cartway easement for occasional driving purposes during the spring, summer, and fall seasons. Petitioner will drive Petitioner's ATV four - wheeler over the cartway easement approximately 1 -2 times per week. Further, Petitioner will drive Petitioner's small tractor over the cartway easement approximately 2 -3 times per year. Petitioner's ATV four - wheeler weighs approximately four hundred (400) pounds, and Petitioner's small tractor weighs approximately nine hundred (900) pounds. Petitioner . will travel for approximately two hundred fifty (250) feet on the cartway easement over the Bridge before exiting the cartway easement onto the Landlocked Lot. WHEREFORE, your Petitioner prays for an Order of the City Council for Lino Lakes as follows: 1. Setting a hearing upon the Cartway Petition at the City Hall in the City of Lino Lakes at a date and time as determined by the Lino Lakes City Council for the purpose of determining: a. Whether the Petitioner is entitled to a cartway under Minn. Stat. Section 435.37, subd. 1(a); -6- P42 P43 b. If so, whether the cartway should be located where requested and to the width requested, or whether it should be located at an alternate route or of a different width. c. What damages, if any, must the Petitioner pay to affected landowners for the establishment of the cartway; d. What other damages have been incurred or likely will be incurred by the City in connection with the establishment of the cartway; and e. Any other issue or matter that might relate to the cartway petition. 2. Further Ordering. that the Petitioner shall a. Cause personal service of this Order and the Cartway Petition to be made upon each owner and occupant of land over which or adjacent to which the proposed cartway would pass, and upon each person whose land would be reasonably expected to be affected by the establishment of the proposed cartway; b. Post a copy of this Order and the Cartway Petition at the City's posting places; c. Accomplish items 3 (a) and (b) at least ten days before the cartway hearing; and d. Submit to the City an affidavit, prior to the hearing, showing that items 3 (a) — (c) have been accomplished. -7- ADAM C. JOHNSON Adam C. Johnson 2055 Otter Lake Drive Lino Lakes, MN 55110 ajohnso8 @gtnaii.com (651) 442 -7259 • • • Petition to Establish Cartway General Location Map Li y fi1 Aerial Photo Flown Spring 2011 c aft ay. lo •ftfts «r t6�A r • w w in tY iY�(iOm M�►i.. • :.-am_ • • AGENDA ITEM 6B STAFF ORIGINATOR: Michael Grochala COUNCIL MEETING DATE: March 26, 2012 TOPIC: i. Resolution No. 12 -30, Approving Joint Powers Agreement with Anoka County, Birch St. /Ware Rd. Traffic Signals VOTE REQUIRED: INTRODUCTION: ii. Resolution No. 12 -31, Approving Joint Powers Agreement with Anoka County, Lake /Main Traffic Signals Simple Majority Anoka County has provided the City with a Joint Powers Agreement for the installation of traffic signal improvements for the both the Lake /Main and Birch/Ware intersections. The agreement sets forth the roles and responsibilities of both the County and City for construction of the improvements. BACKGROUND: In 2010 city residents approved an election to allow for the improvement of the two intersections. The City Council authorized preparation of plans and specification in January of 2010. The project is being undertaken as a City project with the associated costs shared with Anoka County in accordance with the County cost sharing policy. Under the terms of the Joint Powers Agreement the estimated share of each project for both parties is as follows: Project County City Total Birch Street/Ware Road 193,324 839,311 1,032,635 Lake Drive /Main Street 670,825 581,145 1,251,970 Totals* 864,149 1,420,456 2,284,606 *Total includes engineering, ROW, Construction. Does not include bond issuance costs As part of the project Anoka County will be funding pedestrian improvements to the Market Place Drive intersection. Pedestrian safety issues at this intersection were raised at the project open house in February. These improvements will include a crosswalk, pedestrian timers and sidewalk. The County will also be funding an overlay from 77th Street to the southern Lake /Main intersection project limits. Final costs of the project will be determined at the completion of project construction and allocated accordingly to both parties under the terms of the agreement. RECOMMENDATION: Staff is recommending approval of Resolution No. 12 -30 and Resolution No. 12 -31. ATTACHMENTS 1. Resolution 12 -30 2. CSAH 34 /Ware Rd. JPA 3. Resolution 12 -31 4. CSAH 14/23 JPA • • • • CITY OF LINO LAKES RESOLUTION NO. 12 -30 APPROVING JOINT POWERS AGREEMENT FOR THE INTERSECTION RECONSTRUCTION OF COUNTY STATE AID HIGHWAY 34 (BIRCH STREET) AND WARE ROAD WHEREAS, the City of Lino Lakes and the County of Anoka agree it is in the best interest of the traveling public to reconstruct the intersection of County State Aid Highway 34 (Birch Street) and Ware Road; and WHEREAS, the City has prepared preliminary design plans for the reconstruction of the intersection of County State Aid Highway 34 and Ware Road in accordance with Anoka County and the Minnesota Department of Transportation standards to a staff approved layout conditions; and WHEREAS, Anoka County has jurisdiction over County State Aid Highway 34; and WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes, Minnesota: 1. That the Joint Powers Agreement with Anoka County to reconstruct the intersection of County State Aid Highway 34 (Birch Street) and Ware Road is hereby approved and authorizes the Mayor and City Clerk to sign the Agreement. Adopted by the Council of the City of Lino Lakes this day of , 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julie Bartell, City Clerk Jeff Reinert, Mayor • Anoka County Contract No. 2012 -0514 JOINT POWERS AGREEMENT FOR THE INTERSECTION RECONSTRUCTION OF COUNTY STATE AID HIGHWAY 34 (BIRCH STREET) AND WARE ROAD IN THE CITY OF LINO LAKES, MN (SAP 02- 634 -02) THIS AGREEMENT is made and entered into this _ day of , 2012 by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as "County ", and the City of Lino Lakes, 600 Town Center Parkway, Lino Lakes, MN 55014, hereinafter referred to as "City ". WITNESSETH WHEREAS, the parties to this agreement agree it is in the best interest of the traveling public to reconstruct the intersection of County State Aid Highway 34 (Birch Street) and Ware Road and, WHEREAS, said parties mutually agree that the intersection of County State Aid Highway 34 and Ware Road is in need of reconstruction; and, WHEREAS, the City has prepared preliminary design plans for the reconstruction of the intersection of County State Aid Highway 34 and Ware Road in accordance with Anoka County and the Minnesota Department of Transportation standards to a staff approved layout condition; and, WHEREAS, Anoka County has jurisdiction over County State Aid Highway 34 and, WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I. PURPOSE AND UNDERSTANDING The parties have joined together for the purpose of reconstructing the roadway, drainage, trail, and constructing a new traffic control system at the intersection of CSAH 34 (Birch Street) and Ware Road; as described in the plans and specifications numbered City of Lino Lakes Project SAP 02- 634 -02 (hereinafter referred to as "Project ") on file in the office of the Anoka County Highway Department. As part of the approval of the Project, the City and County have reached an agreement with regards to other matters which are described below: • The parties to this Joint Powers Agreement (JPA) agree in principle that construction of County State Aid Project No. 02- 634 -02 at the intersection of CSAH 34 and Ware Road is in the best interest of the • • • traveling public and that the Preliminary Layout as shown in Exhibit "A" defines the preliminary design of the Project. It is agreed that the Exhibit "A" Layout dated February 2, 2012 has been reviewed and accepted by the parties and is suitable for preparation of final construction documents. Any significant changes made hereafter to the design as presented in the Exhibit "A" Layout will require approval by the parties as an amendment to this JPA. These same changes will require a change in the cost share to include any additional design engineering costs that may occur. IMPROVEMENTS: It is agreed by the parties that in 2012, the intersection of CSAH 34 and Ware Road will be reconstructed to a two -lane section with left and right turn lanes to the extent shown in "Exhibit A ". Improvements include, but are not limited to: new traffic signal construction, right and left -turn lanes, through lanes, shoulders, concrete curb and gutter, storm sewer with associated ponding, and trail. INTERSECTIONS: As agreed by the parties, improvements to the following intersections have been incorporated in the Exhibit "A" Layout design: CSAH 34 / Ware Road: Full Access Intersection with Traffic Signal RIGHT OF WAY: The parties agree that the County will acquire all necessary right -of -way and easements for the Project, and be reimbursed by the City up to $180,000. Acquisition of any additional right -of -way and /or easements needed for improvements to the City street intersections beyond what is defined in the Exhibit "A" Layout will be the responsibility of the City. It is agreed by the parties that all necessary right of way and easements will be in legal possession of the County prior to acceptance of bids for the project. Any City owned property or easements required for the construction will be conveyed to the County at no cost. TRAFFIC SIGNALS: CSAH 34 and Ware Road Intersection: The traffic analysis has determined that a traffic signal is warranted at the CSAH 34 and Ware Road intersection. The parties agree that a traffic control signal system will be constructed at this intersection with this project pending the appropriate approvals. This traffic signal is to be interconnected with the CSAH 34/Hodgson Road traffic signal. • • • BITUMINOUS TRAIL: North Side of CSAH 34, east of Ware Road Bituminous Trail TRAFFIC CONTROL: The parties understand and agree that the intersection of CSAH 34 and Ware Road will remain open to thru traffic during construction, with access maintained to all properties. DRIVEWAYS: The parties agree that all driveways affected (excluding those identified for removal) by the Project will be reconstructed in kind with the cost of any upgrades requested by the City, including concrete aprons, to be the sole responsibility of the City. LANDSCAPING /STREETSCAPING: The parties agree that if the City wishes to include landscaping or streetscape features in the project, they shall be designed in accordance with Anoka County Highway Department Landscape /Streetscape Guidelines. The City shall supply the signed plan sheets and specifications for the proposed landscape /streetscape. The total cost of the design as well as the construction cost above standard median cost will be at the expense of the requesting City. All construction documents must be submitted to the County by May 15, 2012. Future maintenance of any landscaping /streetscaping will be the sole responsibility of the city. PERMITS: The parties agree that the City will secure all necessary permits for this Project. The County requests that the City inform the County of any ordinances or city regulations that affect construction at the time of the signing of this JPA. (e.g. setbacks, tree clearing ordinances, or any other city ordinances.) II. METHOD The City shall cause the construction of Anoka County Project SP 02- 634 -02, in conformance with proposed engineering plans and specifications. III. COSTS The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the "actual construction costs" and shall be so referred to herein. "Estimated construction costs" are good faith projections of the costs, which will be incurred for this project. Actual costs will vary and those will be the costs for which the relevant parties will be responsible. • The estimated construction cost of the intersection project is $585,831 and the estimated construction cost for Sioux Lane is $56,138. The parties agree that the cost of the intersection project shall be split 75% of the construction cost to the City and 25% of the construction cost to the County, similar to the standard County cost share for a new traffic signal. The total estimated construction cost to the City is $439,373 for the intersection project and $56,138 for Sioux Lane, for a total of $495,511. The total estimated construction cost to the County for the intersection project is $146,458. The County shall be performing the construction inspections and administration for the intersection project; and the City shall perform construction inspections and the County the administration of the Sioux Lane project. Upon award of the contract, the County shall pay to the City, upon written demand by the City, ninety five percent (95 %) of its portion of the cost of the project estimated at $139,135. Prior to billing, this estimate will be updated by the City to reflect the actual bid prices as awarded. An updated cost estimate shall be provided to the County at the time of billing. The City share of the cost of the project shall also include all roadway design costs. Upon final completion of the project, the County's share of the construction cost will be based upon actual construction costs. If necessary, adjustments to the initial ninety five percent (95 %) charged will be made in the form of credit or additional charges to the County's share. Also, the remaining five percent (5 %) of the County's portion of the construction costs shall be paid. IV. TERM This Agreement shall continue until terminated as provided hereinafter. V. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to the State laws. VII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and shall be made upon request by either party. Prior to City payment to the County, Anoka County shall provide the City a copy of all cost participation documents submitted to MnDOT State Aid to assist the city in their application for MSA funding. 4 • • VIII. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. The City shall pay its pro rata share of costs which the County incurred prior to such notice of termination. IX. SIGNALIZATION POWER The City shall at their sole expense, install and cause the installation of an adequate electrical power source to the service cabinet for the CSAH 34 /Ware Road traffic control signal system including any necessary extension of power lines. The City shall be the lead agency in this matter. Upon completion of said traffic control signal installation, the ongoing cost of the electrical power to the signal shall be the sole cost and expense of the City. X. MAINTENANCE A. Maintenance of the completed watermain, sanitary sewer, storm sewer (except catch basins and catch basin leads), detention basins (including ponds and their outlet structures and grit chambers /collectors) shall be the sole obligation of the City. B. Maintenance of the bituminous trail and concrete sidewalk shall be the responsibility of the City. The City shall be responsible for general routine maintenance such as, sweeping, clearing, plowing, trash removal and other incidental items. C. Maintenance of crosswalk pavement markings shall be the responsibility of the City and the County. The County will be responsible for the maintenance of the crosswalk pavement marking for the crossings at the signalized intersections. The City will be responsible for all crosswalk pavement markings for any trail /sidewalk crossings at all city streets. D. Maintenance of streetlights and cost of electrical power to the streetlights shall be the sole obligation of the City. E. Maintenance of the completed traffic control signal and signal equipment at the CSAH 34 /Ware Road intersection shall be the sole obligation of the County. F. The County shall maintain the said traffic signal controllers, traffic signal and pedestrian indications, loop detectors and associated wiring of the said traffic control signals at the sole obligation of the County. G. Painting of the traffic signal shall be the sole obligation of the County. Any variation of painting color standards will be billed to the City. H. Timing of the completed traffic control signal shall be determined by the County. 5 • • I. Only the County shall have access to the controller cabinets. J. The traffic control signals shall be the property of the County. K. The City shall be responsible for maintenance of the luminaries, luminaire relamping, and luminaire painting. L. All maintenance of the EVP Systems at the CSAH 34 /Ware Road intersection shall be completed by the County. The City shall be billed by the County on a quarterly basis for all incurred costs. M. EVP Emitter Units may be installed on and used only by Emergency Vehicles responding to an emergency as defined in Minnesota Statutes §169.01, Subdivision 5, and §169.03. The City shall provide a list to the County Engineer, or the County's duly appointed representative, of all such vehicles with emitter units on an annual basis. N. Malfunctions of the EVP Systems shall be immediately reported to the County. O. All timing of said EVP Systems shall be determined by the County. P. In the event said EVP Systems or components are, in the opinion of the County, being misused, or the conditions set forth are violated, and such misuse or violation continues after receipt by the City, written notice thereof from the County, the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receiver, infrared detector heads and indicator lamps and all other components shall become the property of the County. XI. NOTICE For purposes of delivery of any notices herein, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and to the City Administrator of Lino Lakes, 600 Town Center Parkway, Lino Lakes, MN 55014, on behalf of the City. XII. INDEMNIFICATION The City and County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. • • XIII. ENTIRE AGREEMENT REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA CITY OF LINO LAKES By: By: Rhonda Sivarajah, Chair Jeff Reinert Board of Commissioners Mayor Dated: Dated: ATTEST By: By: Jerry Soma Julie Bartel County Administrator City Clerk Dated: Dated: RECOMMENDED FOR APPROVAL By: By: Douglas W. Fischer, P.E. County Engineer Dated: Dated: APPROVED AS TO FORM By: By: Dan Klint Assistant County Attorney Dated: Dated: • • CITY OF LINO LAKES RESOLUTION NO. 12 -31 APPROVING JOINT POWERS AGREEMENT FOR THE INTERSECTION RECONSTRUCTION OF COUNTY STATE AID HIGHWAY 14 (MAIN STREET) AND COUNTY STATE AID HIGHWAY 23 (LAKE DRIVE) WHEREAS, the City of Lino Lakes and the County of Anoka agree it is in the best interest of the traveling public to reconstruct the intersection of County State Aid Highway 14 (Main Street) and County State Aid Highway 23 (Lake Drive); and WHEREAS, the City has prepared preliminary design plans for the reconstruction of the intersection of County State Aid Highway 14 (Main Street) and County State Aid Highway 23 (Lake Drive); in accordance with Anoka County and the Minnesota Department of Transportation standards to a staff approved layout conditions; and WHEREAS, Anoka County has jurisdiction over County State Aid Highway 14 and County State Aid Highway 23; and WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes, Minnesota: 2. That the Joint Powers Agreement with Anoka County to reconstruct the intersection of County State Aid Highway 14 (Main Street) and County State Aid Highway 23 (Lake Drive); is hereby approved and authorizes the Mayor and City Clerk to sign the Agreement. Adopted by the Council of the City of Lino Lakes this day of , 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ATTEST: Julie Bartell, City Clerk Jeff Reinert, Mayor • • • Anoka County Contract No. 2012 -0513 JOINT POWERS AGREEMENT FOR THE INTERSECTION RECONSTRUCTION OF COUNTY STATE AID HIGHWAY 14 (MAIN STREET) AND COUNTY STATE AID HIGHWAY 23 (LAKE DRIVE) IN THE CITY OF LINO LAKES, MN (SAP 02- 614 -38) THIS AGREEMENT is made and entered into this day of , 2012 by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as "County ", and the City of Lino Lakes, 600 Town Center Parkway, Lino Lakes, MN 55014, hereinafter referred to as "City ". WITNESSETH WHEREAS, the parties to this agreement agree it is in the best interest of the traveling public to reconstruct the intersection of County State Aid Highway 14 (Main Street) and County State Aid Highway 23 (Lake Drive) and, WHEREAS, said parties mutually agree that the intersection of County State Aid Highway 14 and County State Aid Highway 23 is in need of reconstruction; and, WHEREAS, the City has prepared preliminary design plans for the reconstruction of the intersection of County State Aid Highway 14 and County State Aid Highway 23 in accordance with Anoka County and the Minnesota Department of Transportation standards to a staff approved layout condition; and, WHEREAS, Anoka County has jurisdiction over County State Aid Highway 14 and County State Aid Highway 23 and, WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I. PURPOSE AND UNDERSTANDING The parties have joined together for the purpose of reconstructing the roadway, drainage, sidewalk, and constructing a new traffic control system at the intersection of CSAH 14 (Main Street) and CSAH 23 (Lake Drive); as described in the plans and specifications numbered City of Lino Lakes Project SAP 02- 614-38 (hereinafter referred to as "Project ") on file in the office of the Anoka County Highway Department. As part of the approval of the Project, the City and County have reached an agreement with regards to other matters which are described below: The parties to this Joint Powers Agreement (JPA) agree in principle that construction of County State Aid Project No. 02- 614 -38 at the intersection of CSAH 14 and CSAH 23 is in the best interest of the traveling public and that the Preliminary Layout as shown in Exhibit "A" defines the preliminary design of the Project. It is agreed that the Exhibit "A" Layout dated February 2, 2012 has been reviewed and accepted by the parties and is suitable for preparation of final construction documents. Any significant changes made hereafter to the design as presented in the Exhibit "A" Layout will require approval by the parties as an amendment to this JPA. These same changes will require a change in the cost share to include any additional design engineering costs that may occur. IMPROVEMENTS: It is agreed by the parties that in 2012, the intersection of CSAH 14 and CSAH 23 will be reconstructed to a two -lane section with left and right turn lanes to the extent shown in "Exhibit A ". Improvements include, but are not limited to: new traffic signal construction, right and left -turn lanes, through lanes, shoulders, concrete curb and gutter, storm sewer with associated ponding, sidewalk, mill and overlay within the project limits, Crack and seat on CSAH 23 from Marketplace Drive to Main Street, and Marketplace crosswalk improvements. INTERSECTIONS: • As agreed by the parties, improvements to the following intersections have been incorporated in the Exhibit "A" Layout design: • CSAH 14 / CSAH 23: Full Access Intersection with Traffic Signal RIGHT OF WAY: The parties agree that the County will acquire all necessary right -of -way and easements for the Project, and be reimbursed by the City up to $25,000. Acquisition of any additional right -of -way and /or easements needed for improvements to the City street intersections beyond what is defined in the Exhibit "A" Layout will be the responsibility of the City. It is agreed by the parties that all necessary right of way and easements will be in legal possession of the County prior to acceptance of bids for the project. Any City owned property or easements required for the construction will be conveyed to the County at no cost. TRAFFIC SIGNALS: CSAH 14 and CSAH 23 Intersection: The traffic analysis has determined that a traffic signal is warranted at the CSAH 14 and CSAH 23 intersection. The parties agree that a traffic control signal system will be constructed at this intersection with this project pending the appropriate approvals. • • BITUMINOUS TRAIL /CONCRETE SIDEWALK: Southeast Corner CSAH 14 /CSAH 23 Bituminous Trail. Northwest Corner of CSAH 14 /CSAH 23 Concrete Sidewalk. TRAFFIC CONTROL: The parties understand and agree that the intersection of CSAH 14 and CSAH 23 will remain open to thru traffic during construction, with access maintained to all properties. DRIVEWAYS: The parties agree that all driveways affected (excluding those identified for removal) by the Project will be reconstructed in kind with the cost of any upgrades requested by the City, including concrete aprons, to be the sole responsibility of the City. LANDSCAPING /STREETSCAPING: The parties agree that if the City wishes to include landscaping or streetscape features in the project, they shall be designed in accordance with Anoka County Highway Department Landscape /Streetscape Guidelines. The City shall supply the signed plan sheets and specifications for the proposed landscape /streetscape. The total cost of the design as well as the construction cost above standard median cost will be at the expense of the requesting City. All construction documents must be submitted to the County by May 15, 2012. Future maintenance of any landscaping /streetscaping will be the sole responsibility of the city. PERMITS: The parties agree that the City will secure all necessary permits for this Project. The County requests that the City inform the County of any ordinances or city regulations that affect construction at the time of the signing of this JPA. (e.g. setbacks, tree clearing ordinances, or any other city ordinances.) II. METHOD The City shall cause the construction of Anoka County Project SP 02- 614 -38, in conformance with proposed engineering plans and specifications. III. COSTS The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the "actual construction costs" and shall be so referred to herein. "Estimated construction costs" are good 3 • faith projections of the costs, which will be incurred for this project. Actual costs will vary and those will be the costs for which the relevant parties will be responsible. The estimated construction cost of the intersection project is $762,891 and the estimated construction cost for the County Crack and Seat on CSAH 23 is $180,017 and the Marketplace crosswalk improvements is $19,332. The parties agree that the cost of the intersection project shall be split 50% of the construction cost to the City and 50% of the construction cost to the County, similar to the standard County cost share for a new traffic signal. The total estimated construction cost to the City is $381,445 for the intersection project. The total estimated construction cost to the County is $381,445 for the intersection project, $180,017 for the CSAH 23 Crack and Seat, and $19,332 for the Marketplace crosswalk improvements, for a total of $580,794. The County shall be performing the construction inspections and administration for this construction project. Upon award of the contract, the County shall pay to the City, upon written demand by the City, ninety five percent (95 %) of its portion of the cost of the project estimated at $551,754. Prior to billing, this estimate will be updated by the City to reflect the actual bid prices as awarded. An updated cost estimate shall be provided to the County at the time of billing. The City share of the cost of the project shall also include all roadway design costs for the intersection project; and the County share of the cost of the project shall also include all roadway design costs for the Crack and Seat and for the Marketplace crosswalk improvements. Upon final completion of the project, the County's share of the construction cost will be based upon actual construction costs. If necessary, adjustments to the initial ninety five percent (95 %) charged will be made in the form of credit or additional charges to the County's share. Also, the remaining five percent (5 %) of the County's portion of the construction costs shall be paid. IV. TERM This Agreement shall continue until terminated as provided hereinafter. V. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to the State laws. • VII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and shall be made upon 4 • request by either party. Prior to City payment to the County, Anoka County shall provide the City a copy of all cost participation documents submitted to MnDOT State Aid to assist the city in their application for MSA funding. VIII. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. The City shall pay its pro rata share of costs which the County incurred prior to such notice of termination. IX. SIGNALIZATION POWER The City shall at their sole expense, install and cause the installation of an adequate electrical power source to the service cabinet for the CSAH 14 /CSAH 23 traffic control signal system including any necessary extension of power lines. The City shall be the lead agency in this matter. Upon completion of said traffic control signal installation, the ongoing cost of the electrical power to the signal shall be the sole cost and expense of the City. X. MAINTENANCE A. Maintenance of the completed watermain, sanitary sewer, storm sewer (except catch basins and catch basin leads), detention basins (including ponds and their outlet structures and grit chambers /collectors) shall be the sole obligation of the City. 13. Maintenance of the bituminous trail and concrete sidewalk shall be the responsibility of the City. The City shall be responsible for general routine maintenance such as, sweeping, clearing, plowing, trash removal and other incidental items. C. Maintenance of crosswalk pavement markings shall be the responsibility of the City and the County. The County will be responsible for the maintenance of the crosswalk pavement marking for the crossings at the signalized intersections. The City will be responsible for all crosswalk pavement markings for any trail /sidewalk crossings at all city streets. D. Maintenance of streetlights and cost of electrical power to the streetlights shall be the sole obligation of the City. E. Maintenance of the completed traffic control signal and signal equipment at the CSAH 14 /CSAH 23 intersection shall be the sole obligation of the County. F. The County shall maintain the said traffic signal controllers, traffic signal and pedestrian indications, loop detectors and associated wiring of the said traffic control signals at the sole obligation of the County. • G. Painting of the traffic signal shall be the sole obligation of the County. Any variation of painting color standards will be billed to the City. H. Timing of the completed traffic control signal shall be determined by the County. 5 • • I. Only the County shall have access to the controller cabinets. J. The traffic control signals shall be the property of the County. K. The City shall be responsible for maintenance of the luminaries, luminaire relamping, and luminaire painting. L. All maintenance of the EVP Systems at the CSAH 14 /CSAH 23 intersection shall be completed by the County. The City shall be billed by the County on a quarterly basis for all incurred costs. M. EVP Emitter Units may be installed on and used only by Emergency Vehicles responding to an emergency as defined in Minnesota Statutes §169.01, Subdivision 5, and §169.03. The City shall provide a list to the County Engineer, or the County's duly appointed representative, of all such vehicles with emitter units on an annual basis. N. Malfunctions of the EVP Systems shall be immediately reported to the County. O. All timing of said EVP Systems shall be determined by the County. P. In the event said EVP Systems or components are, in the opinion of the County, being misused, or the conditions set forth are violated, and such misuse or violation continues after receipt by the City, written notice thereof from the County, the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receiver, infrared detector heads and indicator lamps and all other components shall become the property of the County. XI. NOTICE For purposes of delivery of any notices herein, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and to the City Administrator of Lino Lakes, 600 Town Center Parkway, Lino Lakes, MN 55014, on behalf of the City. XII. INDEMNIFICATION The City and County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. • • XIII. ENTIRE AGREEMENT REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA CITY OF LINO LAKES By: By: Rhonda Sivarajah, Chair Board of Commissioners Dated: Dated: ATTEST Jeff Reinert Mayor By: By: Jerry Soma County Administrator Dated: Dated: RECOMMENDED FOR APPROVAL Julie Bartel City Clerk By: By: Douglas W. Fischer, P.E. County Engineer Dated: Dated: APPROVED AS TO FORM By: By: Dan Klint Assistant County Attorney Dated: Dated: