HomeMy WebLinkAbout01-27-14 Council PacketEXPANDED AGENDA
CITY COUNCIL AGENDA
Monday , January 27 , 201 4
***********
City Council Meeting
6:30 p.m.
(Scheduled to be broadcast on Channel 16 )
City Council: Mayor Reinert , C ouncil Members Kusterman , Roeser, Rafferty & Stoesz
City Administrator: Jeff Karlson
COU NCIL WORK SESSION, 5:30 P.M.
Community Room (not televised)
1. Review Regular Agenda
CITY COUNCIL MEETING, 6:30 P.M.
Roll Call - Council Members Stoesz, Roeser, Rafferty, Kusterman, and Mayor
Reinert were present
Pledge of Allegiance
Open Mike / Public Comment
none
Setting the Agenda: Addition or deletion of agenda items
The agenda was approved as presented.
1. CONSENT AGENDA
A) Consideration of Expenditures:
i) January 27, 2014 (Check No. 97367 through 97446 ) in the
amount of $232,231.92;
ii) Centen nial Fire District (Check No. 6205 - 6220 ), $11,444.73
B) Consider approval of January 6 , 2014 Work Session Minutes
C) Consider approval of January 13, 2014 Council Meeting Minutes
D) Consider Resolution No. 14-4 Approving an application for a Exempt
Charitable Gambling and Temporary On-Sale Liquor License for the Lino
Lake s Lions Club’s Prime Rib Dinner
E) Consider approval of application of Aquinas Roman Catholic Home Education
Services to conduct excluded bingo on Feb 15, 2014 at St. Joseph’s Church
F) Consider approval of application for Exempt Permit for a Lawful Gambling
License for a raffle by the Knights of Columbus #9905 held at St. Joseph’s
Catholic Church
G) Consider Resolution No. 14-11, Authorizing special event permit for a Snow
Golf event at Trappers Bar & Grill on February 22-23, 2014
Council Agenda -2- January 27, 2014
H) Consider Approval of 2014 Advisory Board Appointments
I) Consider approval of January 21, 2014 Special Council Meeting Minutes
J) Consider Approving Application for an Excluded Raffle Event for Lino Lakes
Elem entary School
K) Consider Approving the Appointment of Jennifer Russell for the Economic
Development Intern Position, Jeff Karlson
Action Taken: Motion by Kusterman, seconded Roeser , to approve the
Consent Agenda , Items 1A through 1K, as presented, was adopted
2. FINANCE DEPARTMENT
No report
3. ADMINISTRATION DEPARTMENT
A) Consider Resolution No. 14-06, Approving 2012-2014 Labor Agreement
with LELS, Local 260, Jeff Karlson
Action Taken: Motion by Kusterman , seconded by Roeser , to approve
Resolution No. 14-06 as presented, was adopted
B) Consider Resolution No. 14-12, Approving Withdrawal from Centennial Fire
District Joint Powers Agreement II, Jeff Karlson
Action Taken: Motion by Roeser , seconded by Rafferty , to approve
Resolution No. 14-12 as pre sented, was adopted
C) Consider Joint Powers Agreement for Intervention in White Bear Lake Level
Lawsuit, Jeff Karlson
Action Taken: Motion by Roeser , seconded by Kusterman , to not
participate in an intervention in the lawsuit, was adopted
4. P UBLIC SAFETY DEPARTMENT
No report
5. PUBLIC SERVICES DEPARTMENT
No report
6. COMMUNITY DEVELOPMENT DEPARTMENT
A) Marshan Meadows Second Addition , Katie Larsen
i. Consider Resolution No. 14-01 Approving Variance from Shoreland
Overlay Distri ct
ii. Consider Resolution No. 14-02 Approving the Preliminary and Final Plat
for Marshan Meadows Second Addition
iii. Consider Resolution No. 14-03 Approving Development Agreement,
Marshan Meadows Second Addition
Council Agenda -3- January 27, 2014
Action Taken: Motion by Stoesz, seconded by Kust erman , to approve
Resolution No. 14-01, 14-02 and 14003 as presented , was adopted
B) 21 st Avenue Street and Utility Improvements, Jason Wedel
i. Consider Resolution No. 14-07 Approving Plans and Specifications and
Authorize Advertisement for Bids
Action Taken: Motion by Rafferty, seconded by Stoesz , to approve
Resolution No. 14-07 as presented, was adopted
ii. Consider Resolution No. 14-08 Approving Purchase Agreement for Wetland
Mitigation Credits
Action Taken: Motion by Roeser, seconded by Kusterman , to ap prove
Resolution No. 14-08 as presented, was adopted
iii. Consider Resolution No. 14-09, Notice of Intent to Bond, 21 st Avenue
Improvement Project
Action Taken: Motion by Roeser, seconded by Kusterman , to approve
Resolution No. 14-09 as presented , was adopt ed
C) Consider Resolution No. 14-10, Approving 2014 Professional Services
Contract with WSB, Michael Grochala
Action Taken: Motion by Kusterman, seconded by Roeser , to approve
Resolution No. 14-01 as presented, was adopted
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Motion by Roeser, seconded by Rafferty, to adjourn at 7:50 p.m. was adopted
Community Calendar – A Look Ahead
January 27, 2014 through Febr uary 10, 2014
Wednesday, January 29 6:30 pm, Council Chambers Environmental Bo ard
Monday, Februa ry 3 5:30 pm, Community Room Council Work Session
Monday, February 3 6:30 pm, Council Chambers Park Board
Thursday, February 6 8:00 am, Community Room EDAC
Monday, February 10 6:30 pm, Council Chambers City Council Meeting
CENTENNIAL FIRE DISTRICTCheck Register - FIRE GLPage: 1
Check Issue Dates: 1/4/2014 - 1/17/2014Jan 17, 2014 03:53PM
Report Criteria:
Report type: Summary
GLCheckCheckVendorDescriptionCheck
PeriodIssue DateNumberNumberPayeeAmount
01/1401/17/2014620511565ASPEN MILLS , INCUNIFORMS3,961.83
01/1401/17/2014620630040CDW GOVERNMEN T, INCOFFICE SUPPLIES156.21
01/1401/17/2014620730480CENTENNIAL UTILIT IESDEC UTILITIES STATION 1783.05
01/1401/17/2014620830490CENTERPOINT ENERGYDEC STATION 2 GAS698.65
01/1401/17/2014620931137CONNEXUS ENERGYDEC ELECTION STATION 1509.44
01/1401/17/2014621050135EMERGENCY RESPON SE SOLEQUIPMENT SUPPLIES658.68
01/1401/17/2014621180400HEWLETT-PACKARD COM PANREPLACE STATION COMPUTE1,416.24
01/1401/17/20146212130320MASTER TECHNOLOGY GR OUIT ROUTERS/CABLES FOR PHO1,190.00
01/1401/17/20146213130710MN CHAPTER IAAI2014 MEMBERSHIP DB50.00
01/1401/17/20146214160050PAETECDEC PHONES STATION 2157.38
01/1401/17/20146215160493PREMIUM WATE RS, INCBOTTLED H2018.29
01/1401/17/20146216180375BRADLEY ROBINSONTRAINING40.00
01/1401/17/20146217180600CITY OF ROSEVILLEJAN PHONE1,155.00
01/1401/17/20146218190850JERRY STREIC HCELL RIEMB NOV-DEC100.00
01/1401/17/20146219220200VERIZON WIRELESSDEC CELL PHONES105.74
01/1401/17/20146220240100XCEL ENERGYELECTRIC STATION 2444.22
Grand Totals:11,444.73
M = Manual Check, V = Void Check
CENTENNIAL FIRE DISTRI CTInvoice Register - Edit ReportPage: 1
Input Dates: 1/4/2014 - 1/17/2014Jan 17, 2014 03:52PM
NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period
01/16/2014
11565 ASPEN MILLS, INC
ASPEN MIL115651441541InvoiUNIFORMS 12/31/201312/31/201312.83801-42-2210-21812/13
ASPEN MIL115651449541InvoiUNIFORMS12/31/201312/31/20133,949.00801-42-2210-21812/13
Total 11565 ASPEN MILLS, INC:3,961.83
30480 CENTENNIAL UTILITIES
CENTENNI304801231131InvoiDEC UTILITIES STAT ION 112/31/201312/31/2013 783.05801-42-2210-38012/13
Total 30480 CENTENNIAL UTILITIES:783.05
30490 CENTERPOINT ENERGY
CENTERP304901231131InvoiDEC STATION 2 GAS12/31/201312/31/2013 698.65801-42-2210-38012/13
Total 30490 CENTERPOINT ENERGY:698.65
31137 CONNEXUS ENERGY
CONNEXU311371231131InvoiDEC ELECTION STAT ION 112/31/201312/31/2013 509.44801-42-2210-38012/13
Total 31137 CONNEXUS ENERGY:509.44
160050 PAETEC
PAETEC16005062972571InvoiDEC PHONES STATION 212/31/201312/31/2013157.38801-42-2210-32112/13
Total 160050 PAETEC:157.38
160493 PREMIUM WATERS, INC
PREMIUM 160493313248361InvoiBOTTLED H20 12/31/201312/31/201318.29801-42-2210-20112/13
Total 160493 PREMIUM WATERS, INC:18.29
190850 JERRY STREICH
JERRY ST1908501231131InvoiCELL RIEMB NOV-DEC12/31/201312/31/2013 100.00801-42-2210-32112/13
Total 190850 JERRY STREICH:100.00
220200 VERIZON WIRELESS
VERIZON 220200971784821InvoiDEC CELL PHON ES12/31/201312/31/2013105.74801-42-2210-32112/13
Total 220200 VERIZON WIRELESS:105.74
240100 XCEL ENERGY
XCEL ENE2401001231131InvoiELECTRIC STAT ION 212/31/201312/31/2013 444.22801-42-2210-38012/13
Total 240100 XCEL ENERGY:444.22
Total 01/16/2014:6,778.60
1/16/2014 GL Period Summary
GL PeriodAmount
12/136,778.60
Grand Totals:6,778.60
CENTENNIAL FIRE DISTRI CTInvoice Register - Edit ReportPage: 2
Input Dates: 1/4/2014 - 1/17/2014Jan 17, 2014 03:52PM
GL PeriodAmount
CENTENNIAL FIRE DISTRI CTInvoice Register - Edit ReportPage: 3
Input Dates: 1/4/2014 - 1/17/2014Jan 17, 2014 03:52PM
NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period
01/17/2014
30040 CDW GOVERNMENT, INC
CDW GOV30040HZ516661InvoiOFFICE SUPPLIE S01/17/201401/17/2014156.21801-42-2210-20101/14
Total 30040 CDW GOVERNMENT, INC:156.21
50135 EMERGENCY RESPONSE SOLUTIONS
EMERGEN5013513581InvoiEQUIPMENT SUPPL IES01/17/201401/17/2014 658.68801-42-2210-20401/14
Total 50135 EMERGENCY RESPONSE SOLUTIONS:658.68
80400 HEWLETT-PACKARD COMPANY
HEWLETT-80400537811371InvoiREPLACE STATION CO MPUTE01/17/201401/17/2014 708.12801-42-2210-20101/14
HEWLETT-80400537811381InvoiREPLACE STATION CO MPUTE01/17/201401/17/2014 708.12801-42-2210-20101/14
Total 80400 HEWLETT-PACKARD COMPANY:1,416.24
130320 MASTER TECHNOLOGY GROUP
MASTER T1303204866381InvoiIT ROUTERS/CABLES FOR PHO01/17/201401/17/2014 1,190.00801-42-2210-32101/14
Total 130320 MASTER TECHNOLOGY GROUP:1,190.00
130710 MN CHAPTER IAAI
MN CHAPT1307100117141Invoi2014 MEMBERSHIP PD01/17/201401/17/201425.00801-42-2210-43301/14
MN CHAPT1307100117142Invoi2014 MEMBERSHIP DB01/17/201401/17/201425.00801-42-2210-43301/14
Total 130710 MN CHAPTER IAAI:50.00
180375 BRADLEY ROBINSON
BRADLEY 1803750117141InvoiTRAINING01/17/201401/17/201440.00 801-42-2210-33101/14
Total 180375 BRADLEY ROBINSON:40.00
180600 CITY OF ROSEVILLE
CITY OF R18060002182431InvoiJAN IT SERVICES JPA MIS01/17/201401/17/2014988.00801-42-2210-32001/14
CITY OF R18060002182741InvoiJAN PHON E01/17/201401/17/2014167.00801-42-2210-32101/14
Total 180600 CITY OF ROSEVILLE:1,155.00
Total 01/17/2014:4,666.13
1/17/2014 GL Period Summary
GL PeriodAmount
01/144,666.13
Grand Totals:4,666.13
Grand Totals:11,444.73
Report GL Period Summary
CENTENNIAL FIRE DISTRI CTInvoice Register - Edit ReportPage: 4
Input Dates: 1/4/2014 - 1/17/2014Jan 17, 2014 03:52PM
GL PeriodAmount
01/144,666.13
12/136,778.60
Grand Totals:11,444.73
Vendor number hash:2130510
Vendor number hash - split:2261220
Total number of invoices:19
Total number of transactions:20
Terms DescriptionInvoice Amount Discount AmountNet Invoice Amount
Open Terms11,444.73.0011,444.73
Grand Totals:11,444.73.0011,444.73
CITY COUNCIL WORK SESSION January 6, 2014
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : January 6, 2014 4
TIME STARTED : 5:30 p.m. 5
TIME ENDED : 6:30 p.m. 6
MEMBERS PRESENT : Councilmember Stoesz , Kusterman, 7
Rafferty , Roeser and Mayor Reinert 8
MEMBERS ABSENT : N one 9
10
11
Staff members present: City Administrator Jeff Karlson; Community Development 12
Director Michael Grochala; City Engineer Jason Wedel; Finance Director Al Rolek; 13
Public Ser vices Director Rick DeGardner; Public Safety Director John Swenson; City 14
Clerk Julie Bartell. 15
16
Oath of Office – Jeff Reinert, Rob Rafferty, and William Kusterman – City Clerk 17
Bartell administered the oath to Mayor Reinert; Mayor Reinert administered the oa th to 18
Council Members Rafferty and Kusterman. 19
20
1. Pavement Management Program – Community Development Director Grochala 21
overviewed the city’s pavement management program and funding sources. He explained 22
options if the city is to move forward and fund fu ture reconstruction improvements : one -23
hundred percent special assessment; a combination of special assessments and property 24
taxes (using improvement bonds); one -hundred percent street reconstruction bonding. 25
26
Cou ncil Member Kusterman asked if only the r esidents of a re con s truction area are 27
allowed to petition against a project under opti on two? Mr. Grochala confirmed th at is 28
the case adding that, under the city charter, if the project doesn’t fail due to that petition it 29
goes to the ballot for referendu m. Council Member Rafferty asked how soon a project 30
that is turned down by the voters can it be brought back again and Mr. Grochala 31
explained that it cannot be reconsidered for a year. Council Member Roeser wondered 32
about the possibility of approaching the Charter Commission right away wi th a proposal 33
(such as the task force proposal ) to start a dialogue. Mr. Grochala indicated that the task 34
force proposal was basically the amendment considered in 2012. The Mayor noted that 35
providing informatio n to the Charter Commission (with its new members) is a good idea. 36
He further suggests that working with the Charter and moving to get a pro ject done are 37
both good ideas since it is important to get some improvement done because roads 38
continue to deteriorate (he mentioned the Shenandoah neighborhood as a possibility). 39
40
A resident of Hokah Drive, in the Shenandoah neighborhood, addressed the council. He 41
noted that the last time a reconstruction project was proposed for his neighborhood , there 42
were individual pr operty a ssessments proposed of approximately $18,000 and that caused 43
much concern. The Mayor noted that th os e assessment s included utilities though and 44
that is somethi ng that the city may rethink; if a neighborhood has wells in place and 45
CITY COUNCIL WORK SESSION January 6, 2014
DRAFT
2
people are happy with them, why force the water utility? Mr. Grochala explained that 46
the assessments rolls for the Shenandoah project at one time did inc lude utilities with the 47
understanding that the work could be taken out. Mayor Reinert noted that information 48
about what people want is the best reason to have neighborhood meetings first, before any 49
feasibility study is done. The council heard Mr. Grochala explain an option where the 50
city decides to proceed utilizing street reconstruction bonds funded by property tax es 51
(with a 5 year plan in place) and allows the neighborhood to consider adding utilities as a 52
separate p roject. The resident of Hokah D rive asked if residents could have an individ ual 53
option for utilities or not; he added that the demographics in that ne ighborhood are such 54
that a certain level of assessment could actually push some people out. Mr. Grochala 55
explained th at typically projects have included water but did not require hook up with a 56
functioning well in place. City Engineer Wedel noted that, without a hook up and 57
assessment, another funding source would have to be id entified for the bonds that 58
financed the utility improvements. Community Development Director Grochala added 59
that a financing policy is appropriate so people can understand the opt ions clearly. The 60
resident of Hokah Drive added that the city should have a schedule of improvements that 61
people can see and plan on; he thinks people expect some sort of assessment but the size 62
has to be appropriate and workable. 63
64
Mr. Grochala noted that there are certain stipulations attached to funding types - i.e. street 65
reconstruction bo nds count as part of the city’s debt ceiling, some bonding may require a 66
certain level of improvement (curbs and gutters). He also reviewed information included 67
in h is report on possible financial impacts of new bond issuance, with and without an 68
assessment. Whatever process is ultimately undertaken would have to be phased in. A 69
five year plan is needed. He suggests that March of this year would be a key time to look 70
at starting either a feasibility study under the existing charter, a charter amendment or a 71
reconstruction bond ing plan (doing that plan should probably be done anyway). 72
73
The Mayor suggested that the conversation has been started and that is importa nt. The 74
first decision he think s is process. The council will contin ue working on the subject at 75
work sessions and staff will provide more details for discussion including how to proceed 76
with a five y ear plan and how to approach the Charter Commission. Council Members 77
Rafferty and Stoesz indicated that they would attend the January Charter Commission 78
meeting to give them a general idea of the council’s discussion. 79
80
2. NE Drainage Study Update – Community Development Director Grochala recalled 81
that the city has been working with the watershed district on drainage in this NE area of 82
the city. The council authorized a study that resulted in a plan for a storm sewer pipe 83
along the future alignment of Otter Lake Road to Clearwater Creek for drainage. The 84
plan would require permission to allow an increase in . The watershed is reviewing the 85
proposal but has to include consideration of impacts on capacity. The work will continue 86
and will incur some additional costs for engineering and modeling. 87
88
CITY COUNCIL WORK SESSION January 6, 2014
DRAFT
3
The co uncil discussed the possible costs and the impact of not doing drainage 89
improvements i n the area. C osts could be asse ssed to benefited properties in the future as 90
development fees. 91
92
3. 7309 Lake Drive Code Enforcement – Community Development Director G rochala 93
said staff is providing an update on this code enforcement issue – his staff report explains 94
the history and why staff feels that Mobile Mini is not in compliance wi th the city code. 95
In September they proposed a settlement by way of a contract tha t would allow the 96
current lease activities to remain through 2017 when restrictions would eliminate ext erior 97
storage. In the meantime there would be limitations on height and additional screening. 98
Their attorney would like to understand if the council wo uld consider such an agreement. 99
The agreement would provide some certaint y for the future. 100
101
The Mayor noted that reviewing the history of the site apparently didn’t result in 102
information that supports the current use but enforcement would only serve to empty the 103
site and that wouldn’t be good for the city. 104
105
Council Member Roeser asked about the proposal for use by a bus company and Mr. 106
Grochala explained that that would still require a zoning review and change. 107
108
4. Advisory Board Appointments – Admini strator Karlson reviewed the written report 109
indicating the seats and applicants for advisory boards. The council has indicated that 110
they would like to interview all applicants and staff requests that a time for those 111
interviews be reserved. 112
113
The coun cil requested that new questions be prepared for the applicants (the same 114
questions have been used for some time) and the questions should represent more of the 115
established goals of the group as well as an orientation on the type of advisory duties 116
anticip ated. 117
118
The council concurred to hold interviews at a special session at 5:30 p.m. on January 13 119
and 6:00 p.m. on the 20 th (the 20 th was later change d to the 21 st in consideration of 120
Monday being a legal holiday). 121
122
Snow Plowing (not on agenda) – Council Mem ber Rafferty remarked that when 123
snowplowing is done on Friday, people have their garbage containers out and they tend to 124
interfere with the plowing . Administrator Karlson said he would report back on what 125
could be done to address that situation. Mayor R einert suggested that some information 126
from staff on the city’s free market hauler system would be appreciated. 127
128
5. Monthly Progress Report – Administrator Karlson reviewed the written report. 129
130
Regarding the White Bear Lake Restoration Assn. v. Departme nt Natural Resources item, 131
Administrator Karlson explained that it relates to a lawsuit filed against the DNR about 132
low lake levels and the city is named in that suit. One proposal right now is that the 133
CITY COUNCIL WORK SESSION January 6, 2014
DRAFT
4
cities named form a joint powers group to respond i n this lawsuit. There would be costs 134
involved in that type of effort and the amount is uncertain. More information will be 135
forthcoming before the council is asked to make any decisions. 136
137
Review Regular Agenda of January 13, 2014 – there were no changes to the agenda. 138
139
The council discussed annual appointments and indicated the following: 140
Acting Mayor – William Kusterman; 141
North Metro Telecommunications Committee – Rob Rafferty added; 142
Centennial Fire Steering Committee Alternate added – Rob Rafferty; 143
Co unty Corrections Program – William Kusterman; 144
Joint Law Enforcement Council Alternate – William Kusterman . 145
146
Economic Development Authority Annual Appointments – 147
President – Dave Roeser ; 148
Vice President – Dale Stoesz ; 149
Treasurer – William Kusterman . 150
151
Meeting Room Enhancement – Council Member Stoesz asked that staff research how 152
the council could add a conferencing function to the work session meeting room that 153
would allow council members, staff and the public to participate remotely. 154
Administrator Karlson w ill report back. 155
156
The meeting was adjourned at 8:10 p.m. 157
158
These minutes were considered, corrected and approved at the regular Council meeting held on 159
January 27, 2014 . 160
161
162
163
164
Julianne Bartell, City Clerk Jeff Reinert , Mayor 165
166
COUNCIL MINUTES January 13, 2014
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : January 13 , 2014 4
TIME STARTED : 6:35 p.m. 5
TIME ENDED : 6:50 p.m. 6
MEMBERS PRESENT : Council M ember Stoesz , Kusterman, Rafferty , 7
Roeser , and Mayor Reinert 8
MEMBERS ABSENT : none 9
10
St aff members present: City Administrator Jeff Karlson ; Chief of Police John Swenson; and City 11
Clerk Julie Bartell 12
13
OATHS 14
15
The City Clerk administered the Oath of Office to Mayor Jeff Reinert. 16
17
Mayor Reinert administered the Oath of Office to Council Member s Rafferty and Kusterman. 18
19
Mayor Reinert administered the Oath of Police Service to Jesse Clark. 20
21
PUBLIC COMMENT 22
23
Dean Hausladen noted his concern about people wanting to get rid of the city charter, about city hall 24
not providing funding for roads, and abo ut services he received from a police community service 25
officer. 26
27
SETTING THE AGENDA 28
29
The a genda was amended to remove Item 3B, related to the hiring of a n Economic Development Intern. 30
31
CONSENT AGENDA 32
33
Council Member Rafferty moved to approve the Consent A genda, Items 1A through 1C, as present ed. 34
Council Member Stoesz seconded the moti on. Motion carried on a voice vote. 35
36
ITEM ACTION 37
38
Consideration of Expenditures: 39
40
January 13, 2014 (Check No. 97229 – 41
97336 , $459,466.92 ) Approved 42
43
Centennial Fire District (Check No. 6174 - 44
6194 and 2013011 , $5,185.11) Approved 45
COUNCIL MINUTES January 13, 2014
DRAFT
2
46
December 19, 2014 Council Work Session 47
Minutes Approved 48
49
December 19, 2014 City Council Meeting 50
Minutes Approved 51
52
FINANCE DEPARTMENT REPORT 53
54
There was no report from the Finance Department. 55
56
ADMINISTRATION DEPARTMENT REPORT 57
58
3A) Annual Appointments – Administrator Karlson reviewed the appointments discussed at the 59
last council work session. 60
61
Council Member Rafferty moved to approve the appointments as presented. Council Member Stoesz 62
seconded the motion. Motion carried on a voice vote. 63
64
PUBLIC SAFETY DEPARTMENT REPORT 65
66
There was no report from the Public Safety Department. 67
68
PUBLIC SERVICES DEPARTMENT REPORT 69
70
There was no report from the Public Services Department. 71
72
COMM UNITY DEVELOPMENT DEPARTMENT REPORT 73
74
There was no report from the Commu nity Development Department. 75
76
UNFINISHED BUSINESS 77
78
There was no Unfinished Business. 79
80
NEW BUSINESS 81
82
There was no New Business. 83
84
COMMUNITY EVENTS 85
86
MONTHLY RECYCLE DAY will be held at L ino Park (7850 Lake Drive) on Saturday, January 18 87
from 10:00 a.m. to 2:00 p.m. See city website for a list of accepted items. 88
89
COUNCIL MINUTES January 13, 2014
DRAFT
3
SNOW DAY - This is a FREE event that will be held on Saturday, January 25 at Wargo Nature 90
Center from 1:00 p.m. – 4:00 p.m. Ic e Fishing, cross country skiing, kicksledding, snowshoeing, etc. 91
For more information call the Lino Lakes Parks and Rec Department . 92
93
COMMUNITY CALENDAR 94
95
Community Calendar – A Look Ahead 96
January 13 , 2014 through January 27, 2014 97
Monday, January 20 CI TY HALL CLOSED Martin Luther King 98
Monday, January 2 7 5:30 pm, Community Room Council Work Session 99
Monday, January 2 7 6:30 pm, Council Chambers City Council Meeting 100
101
ADJOURN 102
103
There being no further business, Council Member Roeser moved to adjourn at 6:5 0 p.m. Council 104
Member Kusterman seconded the moti on. Motion carried on a voice vote. 105
106
These minutes were considered and approved at the regular Council Meeting, January 27 , 2014 . 107
108
109
110
111
Julianne Bartell, City Clerk Jeff Reinert , Mayor 112
113
CITY COUNCIL
AGENDA ITEM 1D
STAFF ORIG INA TOR: Lisa Hogstad -Osterhues , Deputy Clerk
MEETING DATE: January 27, 20 1 4
TOPIC: Consider A doption of Resolution No. 14 -4
A pproving an a pplication for a Temporary On -Sale
Liquor License for the Lino Lakes Lions Club
Annual Prime Rib Dinner.
VOTE REQUIRED: Simple Majority (3/5 Vote)
INTRODUCTION
The Lino Lakes Lions Club has scheduled its annual prime rib dinner for Saturday,
March 1, 2014 to be held at St. Joseph’s Churc h, 171 Elm Street. The Lino Lakes L ions
Club is requesting approval of a 1 to 4 Day Temporary On -Sale Liquor License. The
license is necessary to allow the Lions Club to mix and dispense liquor that will be served
as part of the dinner.
BACKGROUND
The applicant is required to submit an a pplication to the city for approval prior to the
event and city policy requires a background check on license applicants. Staff has
reviewed the application and background and found no reason to deny the license.
A copy of the application and the results of the background check are on file in the city
clerk’s office . The Certificate of Liability Insurance required by the Department of
Public Safety , Alcohol & Gambling Division, will be submitted upon city council
approval.
The organization will also be submitting an application for an Exempt Gambling permit
to the Minnesota Gambling Control Board. Staff has confirmed that the Lions Club
meets the requirements of the city to allow for charitable gambling for this event.
RECOMMENDAT ION
Approve Resolutio n No. 14 -4 approving the Lion Lakes Lions Club application for a
temporary on -sale liquor license.
ATTACHMENT
Resolution No. 14 -4
CITY OF LINO LAKES
RESOLUTION NO. 1 4 -4
C ONSIDER ADOPTION OF RESOLUTION No. 1 4 -4
A PPROVING AN APPLICATION FOR A TEMPORARY ON -SALE
LIQUOR LICENSE FOR THE LINO LAKES LIONS CLUB
WHEREAS, Lino Lakes Lions Club has submitted an application for a 1 to 4 day
t emporary on -sale liquor license; and
WHEREAS, Minnesota Statutes, Section 340, allows the city council to consider a
temporary on -sale liquor license for a non -profit organization in connection with a social
event sponsored by the licensee and held withi n the city limits; and
WHEREAS, the Lino Lakes Lions Club has submitted an application to hold a
fundraising event at St. Joseph Catholic Church, 171 Elm Street, on March 1 , 201 4 ; and
WHEREAS, the Lino Lakes Lions Club has paid the required fee; and
WHEREAS, the City of Lino Lakes has conducted a background investigation of the
applicant; and
WHEREAS, the Alcohol & Gambling Enforcement Division requires the application be
approved by the City of Lino Lakes City Council before submitting for approval to the
Liquor Control Board;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino
Lakes hereby approves the request of the Lino Lakes Lions Club for a temporary on -sale
liquor license.
Adopted by the Council of the City of Lino Lake s this 27 th day of January, 2014 .
The motion for the adoption of the foregoing resolution was introduced by Council
Member
_____________and was duly seconded by Council Member __________ and upon vote
being taken thereon, the following voted in favor the reof:
The following voted against same:
_____________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
AGENDA ITEM 1 E
STAFF ORIGINATOR: Lisa Hogstad -Osterhues , Deputy Clerk
MEETING DATE: January 27, 2014
TOPIC : Approve Application for Aquinas Roman Catholic Home
Education Services to Conduct Excluded Bingo Event
VOTE REQUIRED: Simple Majori ty (3/5 Vote Required)
INTRODUCTION
The C ity has received an application from the Aquinas Roman Catholic Home Education
Services organization to conduct an excluded bingo event at St. Joseph’s Church, 171
Elm Street, Lino Lakes on February 15, 2014.
B ACKGROUND
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 no t conducted for
more than 12 consecutive days. The Aquinas Roman Catholic Home Education Services
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 (St. Joseph’s Church).
City policy requires a background investigation on the applicant and staff has conducted
an investigation and found no reason to deny the application.
The Application, a certificate of non -profit status from the Internal Revenue Service and
the results of the background check are on file in the city clerk’s office.
RECOMMENDATION
Approve the application for the Aquinas Roman Catholic Home Education Services to
Conduct Excluded Bingo Event .
CITY COUNCIL
AGENDA ITEM 1 F
STAFF ORIGINATOR: Lisa Hogstad -Osterhues , Deputy Clerk
MEETING DATE: January 27 , 201 4
TOPIC: Consider Approving Application for Exempt Permit f or a
Lawful Gambling License for a raffle by Knights of
Columbus #9905 at St. Joseph Cath olic Church
VOTE REQUIRED: 3/5 Vote
INTRODUCTION
The Knights of Columbus #9905 has applied for an exempt permit to conduct a raffle for a
fundraiser benefit event . The ev ent is scheduled for March 15 , 201 4 . The proceeds from this
fundra ising event will be used towards the medical expenses of the family in need.
BACKGROUND
Non -profit organizations are allowed, under the State Gambling Statutes, to apply for an
exempt ion from a gambling lic ense if they conduct five (5) or fewer gambling occasions per
calendar year. The Knights of Columbus #9905 conducts five (5) or less per calendar and,
therefore, remains exempt from requiring a gambling license.
Minnesota Statute s , Chapter 349, Section 349.166, Subd. 2 does, however, require that th e non -
profit organizations applying for the exemption permit , notify the city that they are applying for
the exemption and receive local approval .
The application and background materials are on file in City Clerk’s office .
RECOMMENDATION
Adopt a moti on approving the application for exemption with no waiting period .
CITY COUNCIL
AGENDA ITEM 1 G
STAFF ORIGINATOR: Lisa Hogstad -Osterhues , Deputy Clerk
MEETING DATE: January 27 , 201 4
TOPIC : Consider Resolution No. 1 4 -1 1 , A uthorizing
the issuance of a special event permit for
the Snow Golf on the L ake event at Trapp er’s Bar & Grill
VOTE REQUIRED: 3/5
INTRODUCTION
Jeffrey Moore, owner of Trapper’s Bar & Grill, 6810 Lake Drive, has scheduled a special
event for Saturday and Sunday, February 2 2 and 2 3 , 201 4 . The event plans include a
snow golf course on adj acent Rice Lake with beverages and a recreational fire on the
back parking lot. This is the fifth year that Trapper’s has sponsored this event.
BACKGROUND
Mr. Moore has submitted to the City an application for a special event permit. The
application ha s been reviewed by staff, including the police and fire departments, and the
applicant has been provided with a list of safety conditions. The applicant has agreed to
comply with the conditions and to address any other safety considerations that may arise .
Background information on the applicant is on file at City Hall.
RECOMMENDATION
Approve Resolution No. 1 4 -1 1 , A uthorizing issuance of a special event permit to
Trappers Bar & Grill.
CITY OF LINO LAKES
RESOLUTION NO. 1 4 -1 1
AUTHO RIZING A SPECIAL EVENT FOR AN OUTDOOR EVENT AT
TRAPPERS BAR AND GRILL .
WHEREAS , the owner of Trapper’s Bar & Grill , 6810 Lake Drive, has submitted an
application for a special event permit ; and
WHEREAS , the event is planned for February 2 2n d and 2 3rd , 201 4 , from 8:00 a.m. to 10:00
p.m. and includes snow golf on Rice Lake and a recreational fire in the lower asphalt parking
lot; and
WHEREAS , as part of the event, the applicant would like to allow consumption of alcoholic
beverages in an area outside of but contiguous to their building; and
WHEREAS , the applicant has indicated that they hold a State Caterer’s Permit that allows
them to serve alcohol off their premises; and
WHEREAS , the applicant has indicate d that all patrons or memb ers attending the event will
receive a proper identification check to ensure no underage alcohol service will occur; and
WHEREAS , the Ce ntennial Fire District Chief has approved the plans for a recreational fire
with certain cond itions; and
WHEREAS , the Police Department has approved the application and event plans with certain
recommendations ; and
WHEREAS , the applicant has obtained a Ice Use Permit from the Anoka County Sheriff
allowing the event to occur on the lake; and
WH EREAS , proof of general liability and liquor liability insurance has been submitted by
th e applicant ;
N OW , T HEREFORE , B E I T R ESOLVED by The City Council of The City of Lino Lakes
hereby approves the request of Jeff Moore, owner of Trapper’s Bar and Grill , for a special
event permit on Feb ruary 2 2 and 2 3 , 201 4 , wit h the conditions recommended by the Police
and Fire Department .
A dopted by the Council of the City of Lino Lakes this 27 th day of January , 201 4 .
The motion for the adoption of the foregoing resolution was introduced by Council Member
_____________ and was duly seconded by Council Member ___________ and upon vote
being taken thereon, the following voted in favor thereof:
The following voted against same:
________________________
Jeff Reinert , Mayor
ATTEST:
________________________
Julianne Bartell , City Cler k
CITY COUNCIL
AGENDA ITEM 1 H
STAFF ORIG INATOR: Lisa Hogstad -Osterhues , Deputy Clerk
MEETING DATE: January 27 , 201 4
TOPIC: Annual Advisory Board Appointments
VOTE REQUIRED: 3/5
INTRODUCTION
Each year, the City council appoints or reappoints ci tizens to serve on council advisory groups.
BACKGROUND
The city advertised and received a number of applications from interested residents . Interview s
of candidates were conducted by the council and votes were cast and tallied by staff with the
follow ing results:
Park and Recreation Board - 4 vacancies (3 terms expire Dec. 31, 201 6 and 1 term expires Dec.
31, 2014 )
George Lindy
Matt Koehn
Andrew Levi
Please note: we are in the process of accepting appl icatio ns for one va cancy .
Planning & Zoning Board – 2 vacancies (2 terms expire Dec. 31, 201 6 )
Perry Laden
Charles Evans
Environmental Board – 2 vacancies (2 terms expire Dec. 31, 201 6 )
Martha DeHaven
Kelly McDonnell
Economic Develo pment Advisory Committee – 4 vacancies (4 terms expire Dec. 31, 201 6 )
Rebecca Glewwe
Nathan Vojtech
Tami Wier
Please note: we are in the process of accepting appl icatio ns for one va cancy.
RECOMMENDATION
Approve advi sory board appointments as listed above .
COUNCIL MINUTES January 21, 2014
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
4
DATE : January 21 , 2014 5
TIME STARTED : 5:35 p.m. 6
TIME ENDED : 6:21 p.m. 7
MEMBERS PRESENT : Council M ember Stoesz , Kusterman, Rafferty , 8
Roeser , and Mayor Reinert 9
MEMBERS ABSENT : none 10
11
St aff members present: City Administrator Jeff Karlson; and City Clerk Julie Bartell 12
13
PUBLIC COMMENT 14
15
No one wa s present to address the council regarding a matter not on the agenda. 16
17
SETTING THE AGENDA 18
19
The agenda was approved as presented. 20
21
ADMINISTRATION DEPARTMENT REPORT 22
23
3A) Consideration of Resolution No. 14 -05, Approving an Amendment to Section 2.6 of the 24
Centennial Fire District Joint Powers Agreement – Mayor Reinert explained that there has been 25
discussion over the past weeks about the structure of the city’s joint powers agreement with 26
Centennial Fire District (CFD) and rece ntly there was unanimous request of the council to seek an 27
amendment to that agreement. The amendment o riginally proposed was not passed by the other 28
member cities and more disc ussion occurred before the Fire District Steering Committee. The 29
amendment before the council now came forward from that discussion and for it to pass it must also 30
be approved by all CFD member cities (Lino Lakes, Centerville and Circle Pines). He explai ned the 31
amendment as it was forwarded by the Steering Committee. If there is a situation where both 32
delegates from one m ember city vote against a question, that question would fail even if all the other 33
mem bers voted in favor. This power would be limited to four vetoes per year. Mayor Reinert added 34
that he feels it is important to have this power to allow for more discussion when there is that level of 35
concern or question about that issue before the District. 36
37
Council Member Stoesz moved to approve Reso lution No. 14 -05 as presented. Council Member 38
Roeser seconded the motion for the purpose of discussion. 39
40
Council Member Roeser explained that, as a member of the Steering Committee, he voted nay on this 41
amendmen t. His nay vote is not reflective on th e fine service s of the fire fighters but rather 42
represents his concern about governance. He has given the matter of the CFD governance much 43
thought and he is most concerned about the impact on the people that he represents. His issue is that 44
the veto lim it set in the amendment was reached arbitrarily and the way it is now worded allows the 45
COUNCIL MINUTES January 21, 2014
DRAFT
2
chair of a meeting certain discretion that could impact the veto use. He fears that could be used as a 46
gamesmanship move, something not appropriate in the situation . He isn’t certain how many vetos 47
would be appropriate to allow but he would like to see governance of the district more future oriented. 48
49
Council Member Rafferty indicated tha t he has heard about the possibility of an additional fire house? 50
Mayor Reinert explained that an additional station has been discussed for some time (in the South 51
Lino Lakes area) and seems to be needed with or without the city’s withdrawal from the CFD. 52
Council Member Roeser added that he’s seen a response time map and can see th ere are areas with 53
higher response time and that is what drives the new station discussion. Mr. Roeser added that there 54
is development and growth ahead for the city of Lino Lakes and that will also impact fut ure 55
emergency service needs; since the need f or additional facilities will exist anyway, it shouldn’t lead 56
the discussion about governance of the district and, in his opinion, w hat should lead the discussion is 57
what’s best for Lino Lakes. The Mayor added that the joint powers agreement provides that one 58
hundred percent of the cost of each fire facility in the city is fully that city’s responsibility. 59
60
Council Member Rafferty asked that City Administrator Karlson weigh in on the matter. Mr. 61
Karlson said that he has strong opinions on the matter an d sees this as a big issue for the city. He 62
believes that if the city decides to go off and create its own fire services it will cost more. He 63
understands the district governance issue that concerns council members. As administrator he has not 64
had any i ssues with the fire district operations and feels it is run very well. He sees that a situation 65
arises sometimes where two cities are voting against one. As administrator he has to be practical and 66
look at the numbers. Council Member Rafferty asked if e qual power among the three member cities 67
in governing the distric t is of concern and Mr. Karlson said that he believes the amendment before the 68
Council is a good compromise. 69
70
Mayor Reinert said he respects the city administrator’s view but he disagrees on the matter of cost. 71
He believes that Mr. Karlson ’s assumption includes the cost of a new fire house that would be needed 72
anyway. He sees the city doing we ll with a split from the district. The re is a current problem with 73
the budget of the district cont inuing to grow. The debate that is occurring now has been inevitable 74
because with the city’s share soon to reach 70% of the budget, the agreement was to be renegotiated 75
anyway. The same controversy would arise. 76
77
Council Member Rafferty added that the id ea of assembling a f ire district and the work of putting 78
together the Centennial Fire District some time ago was good but sometimes things must evolve. 79
80
Council Member Stoesz asked what would happen if the City of Lino Lakes didn’t approve the 81
District’s annual budget? Mr. Karlson explained that the agreement provides that the current year 82
budget would be utilized with a built -in increase. 83
84
C ouncil Member Kusterman ask ed, if an ambulance service of the Fire District were proposed, could 85
the City deny that change if the other member cities were to approve it? Mr. Karlson clarified that 86
the city would have some control since approval of capital purchases (such as an ambulance) is 87
required and also the city would have to approve any new hires. Mayor Reinert noted that there has 88
been some discussion however about purchasing a used ambulance and that could possibility subvert 89
the city approval. 90
COUNCIL MINUTES January 21, 2014
DRAFT
3
91
Mayor Reinert noted that the council has before them an amendment that woul d change the District’s 92
governa nce process. C onsideration of that amend ment is the purpose of this meeting. The 93
amendment will be considered by the other two member cities also. If agreement isn’t reached on this 94
amendment, then he will be asking the council to consider the withdrawa l process at the next council 95
meeting. 96
97
The motion was adopted. There were three ayes (Stoesz, Kusterman, Reinert) and two nays (Roeser 98
and Rafferty). Mayor Reinert asked for an explanation from those who voted nay. 99
100
Council Member Roeser said he vo ted no because h e doesn’t support the arbitrary change that 101
brought forward the four veto annual limit that is included in the amendment. He would prefer to see 102
the joint powers agreement continue but knows that there must be some adjustments to keep up w ith 103
the times. 104
105
Council Member Rafferty noted that while he has respect for the city administrator’s opinion, he sees 106
that the fire chief is in charge of administering the fire district for three cities and that administration 107
includes staff and the steeri ng committee. Mr. Rafferty believes that there has been fair opportunity 108
to work out an equality situation for all of the cities. The veto power would not be an obstruction. 109
110
ADJOURN 111
112
There being no further business, Council Member Rafferty moved to adj ourn at 6:21 p.m. Council 113
Member Stoesz seconded the motion. Motion carried unanimously. 114
115
These minutes were considered and approved at the regular Council Meeting, January 27 , 2014 . 116
117
118
119
120
Julianne Bartell, City Clerk Jeff Reinert , Mayor 121
122
CITY COUNCIL
AGENDA ITEM 1 J
STAFF ORIGINATOR: Lisa Hogstad -Osterhues , Deputy Clerk
MEETING DATE: January 27 , 201 4
TOPIC: Consider Approving Application for an Exempt Raffle
Event for Lino Lakes Elementary School
VOTE REQUIRED: 3/5
BACKGROUND
The Lino Lakes Elementary School Parent Teacher Organization (PTO) has applied for
permission to conduct a raffle at their school carnival event. The event is scheduled for March
2 2 , 201 4 . Non -profit org anizations are allowed, under the State Gambling Statutes, to conduct
exempt gambling (raffle) with a state issued permit if they conduct lawful gambling on five or
fewer days and remain under a cap for prizes awarded. Lino Lakes Elementary PTO has
submit ted the information necessary to determine that their event is exempt.
The application and background check information is on file in City Clerk’s office.
RECOMMENDATION
Approve the issuance of Exempt Raffle Event f or Lino Lakes Elementary School.
CITY COUNCIL
AGENDA ITEM 1K
STAFF ORIG INATOR: Jeff Karlson
MEETING DATE: January 27, 201
TOPIC: Appointment of Economic Development Intern
VOTE REQUIRED: 3/5
INTRODUCTION
The C ouncil is being asked to approve the hiring of a temporary , part -time Economic
Development Intern.
BACKGROUND
Council authorized staff to hire an Economic Development Intern to assist the Community
Development Department with a variety of tasks, which are listed in the attached job
description .
The City ad vertised the position and received 1 7 applications. Staff interviewed four
candidates and has offered t he position to Jennifer Russell. Ms. Russell has approximately two
years of professional experience in planning and community development with the City of Big
Lakes and the Initiative Foundation in Little Falls, MN.
The hourly rate of pay is $12.00 an hour. Ms. Russell’s start date will be January 28, 2014.
She will work an average of 32 hours a week for a period of six months .
RECOMMENDATION
Appr ove the appointment of Jennifer Russell for the Economic Development Intern position .
ATTACHMENTS
Economic Development Intern Job Description
CITY OF LINO LAKES
POSITION DESCRIPTION
TITLE: Economic Development Intern
DEPARTMENT: Community Development
DIVISION: Economic Development
SUPERVISOR: Community Development Director
STATUS: Temporary, Part -T ime
PRIMARY OBJECTIVE OF POSITIO N
The primary objective of this position is to provide support to the Community Development
Department in economic development and planning initiatives. This position p rovides the
opportunity for college students to expand their skills, receive valuable on -the -job training, and
assist with various economic development programs and projects within the c ity.
ESSENTIAL JOB FUNCTIONS
The listed examples may not include all duties required of this position. Duties may vary from
time to time based on the n eeds of the city.
1. Assist in promoting development a nd marketing of the city , including use of social
media .
2. Prepare a quarterly e conomic d evelopment n ewsletter and prepare articles for the c ity
n ewsletter.
3. Provide administrative support to City Council, E conomic Development Authority
(EDA) and Economic Development Advisory Committee (EDAC).
4. Maintain and update city e conomic d evelopment website , including commercial and
industrial land availability .
5. Assist in preparing agendas , background information , and m inutes for EDA and EDAC
meetings .
6. Research and prepare written reports on policy issues and special projects assigned by the
Community Development Director.
7. Attend and participate in staff meetings, committee meetings, c ouncil meetings , and other
meetings as necessary.
8. Provide information and assistance to developers, the business community , and the public
on planning, zoning, land use, permits and development related matters.
9. Assist in the development and implementation of the Business Retention and Expans ion
program.
10. Organize ground breakings and ribbon cuttings for new business.
11. Other special assignments and related routine work.
Job Description City Intern – Economic Development Revised 8/30 /2013
KNOWLEDGE, SKILLS AND ABILITIES
1. P rinciples and practices of economic development and urban planning.
2. Basic local government practices and procedures.
3. Software programs, including Microsoft Office (Word, Excel, Publ isher and
PowerPoint).
4. Technical aptitude and willingness to learn new skills.
5. Communicate clearly in both written and oral form.
6. Perform assigned tasks in an orderl y and precise manner.
7. Coordinate, organize , and present research information from a variety of sources.
8. A bility to interpret and implement policies, directives , and regulations effectively.
9. Ability to e xercise resourcefulness in solving problems in accorda nce with established
rules, regulations, and policies of the c ity.
10. Ability to w ork independently or as part of a team.
11. Ability to w ork effectively with c ity employees, citizens , and other governmental
agencies.
12. Possess and maintain a valid driver’s license .
REQUIRED QUALIFICATIONS
Applicants should possess or be in the process of earning a bachelor’s or master’s degree in
Economic Development, Urban Planning, Public Administration, or related field.
DESIRED QUALIFICATIONS
Three or more years of e xperi ence in public or private sector business development,
communication , or urban planning.
It is the policy of the City of Lino Lakes to provide equal employment opportunities to all persons. All employment policies and
practices shall be non -discriminat ory in compliance with federal laws, state statute and local ordinances .
Job Description City Intern – Economic Development Revised 8/30 /2013
CITY COUNCIL
AGENDA ITEM 3 A
STAFF ORIG INATOR: Jeff Karlson
MEETING DATE: January 27 , 201 4
TOPIC: 2012 -201 4 Labor Agreement with LELS , Local No. 2 60
VOTE REQUIRED: 3/5
INTRODUCTION
The Council is bein g asked to consider Resolution No. 1 4 -6 , approving a labor agreement
between the City and Law Enforcement Labor Services (LELS) Local No. 2 60 , representing
the police sergeants .
BACKGROUND
The police sergeants ’ collective bargaining agreement expired Dec ember 31, 2011. The two
parties held six negotiation meetings in 2013, which included four mediation session s as late as
September 10 .
The two sides reached a tentative agreement for 2012 and 2013, which was the same as what
the police officers receive d through interest arbitration in December 2012. Since we could not
settle the terms for 2014, the mediator recommended arbitration. The following two issues were
certified to the Minnesota Bureau of Mediation Services on September 12 , 201 3 for interest
a rbitration : (1) wages; (2 ) health insurance contributions toward premiums and health savings
account (HSA).
The hearing was conducted by the arbitrator, Richard John Miller , on December 19 , 201 3 . The
arbitrator rendered his decision on January 15, 2014 , which is as follows: (1) Wages: 2 %
January 1, 201 4 ; (2 ) Union’s position for health insurance in 2014 was sustained, as follows:
a nnual HSA c ontribution s : family - $2,500, single - $1,000; monthly contributions toward
premiums: family – 50/50 split of incr ease (this brings the total monthly contribution to
$966.13), single – 100% ($412.71/mo.).
RECOMMENDATION
Approve Resolution No. 1 4 -6 , approving labor agreement between the City of Lino Lakes and
LELS, Local No. 2 60 for years 2012 , 2013 , and 2014 .
ATTAC HMENTS
Resolution No. 1 4 -6
CITY OF LINO LAKES
RESOLUTION NO. 14 -6
APPROVING LABOR AGREEMENT BETWEEN THE CITY OF LINO LAKES
AND LAW ENFORCEMENT LABOR SERVICES, LOCAL NO. 2 60
FOR YEARS 2012 , 2013 AND 201 4
WHEREAS , the City of Lino Lakes and Law Enforcement Labor Services (LELS) Lo cal 2 60 ,
representing the police sergeants, negotiated terms to renew a collective bargaining agreement,
which expired on December 31, 201 2 ; and
WHEREAS , the parties were unable to resolve the contract terms for 2014, whereby the
mediator for the Bureau o f Mediation Services recommended arbitration ; and
WHEREAS , two issues were certified to the Minnesota Bureau of Mediation Services for
interest arbitration pursuant to Minn. Stat. 179A.16, subd 2; and
WHEREAS , the hearing in this matter was conducted b y a neutral arbitrator on December 19 ,
201 3 ; and
WHEREAS , A rbitrator Richard J ohn Miller rendered the award on January 15 , 201 4 .
NOW, THEREFORE , BE IT RESOLVED that the City Council of the City of Lino Lakes
approve the terms of the labor agreement for y ears 2012, 2013 and 2014, as follows :
1. Wages : 1% July 1 , 2012 ; 1.5% January 1, 2013 ; 2% January 1, 2014
2. Premium Contribution s toward Health Insurance : 2012 f amily -- $855.66/mo., s ingle --
$333.99; 2013 family -- $8 69.72 /mo., single -- $344.01 ; 2014 family -- $966.13/mo.,
single -- $412.71
3. Annual HSA Contribution s : 2012 family -- $3,000, single -- $1,500;
2013 family -- $2,500, s ingle – $1,000 ; 2014 family -- $2,500, single - $1,000
4. Opt Out Provision : 2012 -- $333.99 /mo.; 2013 -- $300 /mo.; 2014 -- $300/mo .
Adopted by the City Council o f the City of Lino Lakes this 27 th day of January 20 14 .
The motion for the adoption of the foregoing resolution was introduced by Council Member
_____________and was duly seconded by Council Member ___________ and upon vot e being
taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Jeff Reinert , Mayor
ATTEST:
_____________________________________
Julianne Bart ell, City Clerk
CITY COUNCIL
AGENDA ITEM 3 B
STAFF ORIG INATOR: Jeff Karlson
MEETING DATE: January 2 7 , 2014
TOPIC: Withdrawal from CFD Joint Powers Agreement
VOTE REQUIRED: 3/5
INTRODUCTION
The City Council will be considering a resolution to withdraw from the Centennial Fire District
Joint Powers Agreement .
BACKGROUND
On January 21, the Lino Lakes City Council passed a motion to approve a recommendation
from the CFD Steering Committee to amend Section 2.6 of the J oint Powers A greement , which
added a provision granting v eto power to any city if its two representatives on the Committee
voted against a motion. Another provision limited the number of vetoes to four per city in any
calendar year.
The Circle Pines City Council rejected the proposed amend ment by a 4 -1 vote the same
evening . The amendment was also rejected by the Centerville City Council on January 22 on a
5 -0 vote.
ACTION TO BE CONSIDERED
Resolution No. 14 -12, approving withdrawal from Centennial Fire District Joint Powers
Agreement II .
ATTACHMENT S
Resolution No. 14 -12
CITY OF LINO LAKES
RESOLUTION NO. 14 -12
RESOLUTION APPROVING WITHDRAWAL FROM
CENTENNIAL FIRE DISTRICT JOINT POWERS AGREEMENT II
WHEREAS, the City of Lino Lakes ’ cost share of the Centennial Fire District (“District”) is
proportionately greater than the other member cities due to Lino Lakes’ population growth since
the District Joint Powers Agre ement was formed between the three cities in 1 986 , where Lino
Lakes n ow contributes nearly 70 percent of the District budget; and
WHEREAS, the City of Lino Lake s has expressed a need to change the voting structure of the
District Steering Committee (“Committee”) to bring more fairness and openness to the decision -
making process; and
WHEREAS , the Committee voted in favor of recommending an amendment to Section 2.6 of
the Joint Powers Agreement on January 15, 2014 , which would have amended the voting
requirements by including a provision that two Committee members from any one city could
“veto” a motion up to four times in any calendar year; and
WHEREAS , the ci ties of Centerville and Circle Pines rejected the Committee ’s
r ecommendation of the proposed amend ment to Section 2.6 of the JPA .
NOW, THEREFORE , BE IT RESOLVED by t he City Council of t he City of Lino Lakes that
a formal withdrawal notice pursuant to Sect ion 11.1 of the Joint Powers Agreement be submitted
to the cities of Centerville and Circle Pines.
Adopted by the City Council o f the City of Lino Lakes this 2 7 th day of January , 2014 .
The motion for the adoption of the foregoing resolution was introd uced by Council Member
_______________and was duly seconded by Council Member ________________ and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
__________________________________
Jeff Reinert , Mayor
ATTEST:
_____________________________
Julianne Bartell, City Clerk
CITY COUNCIL
AGENDA ITEM 3C
STAFF ORIG INATOR: Jeff Karlson
MEETING DATE: January 27, 2014
TOPIC: White Bear Lake Water Level Lawsuit
VOTE REQUIRED: 3/5
INTRODUCTION
The City Council is being asked to consider Lino Lakes’ participation in a Joint Powers Agreement
to create a formal coalition to intervene in the White Bear Lake Restoration Assn. v. State of
Minnesota lawsuit.
BACKGROUND
The White Bear Lake Restoration Association filed a lawsuit alleging that the Minnesota
Department of Na tural Resources (DNR) violated the Minnesota Environmental Rights Act by
increasing municipal water a ppropriation s permits for a number of cities near White Bear Lake,
which has resulted in increased groundwater pumping from high -capacity wells that have c aused a
lowering of the water level of White Bear Lake.
The following ten cities were named in the lawsuit: Centerville, Columbus, Forest Lake, Hugo,
Lino Lakes, Mahtomedi, North St. Paul, Vadnais Heights, White Bear Lake, and White Bear
Township. On Jan uary 6, representatives from these ten cities met to discuss the feasibility of
entering into a joint powers agreement to intervene in the lawsuit in order to protect the cities
mutual interests and its ability to supply municipal water. This would involv e retaining and paying
for legal counsel, engaging and paying for scientific experts, and establish ing a method to determine
tactical decisions with regard to the lawsuit.
Most of the cities brought their legal counsel to the January 6 meeting, so there was much debate
about the best course of action and potential cost for a legal defense. The representatives did agree
on a proposed cost allocation for cities voting in favor o f intervention in the lawsuit. The cost share
would be a percentage based on 50% of each city’s population and 50% of total gallons of water
pumped in 2012. The cost estimate for Lino Lakes would be about $15,000 if every city
participated and the expenses amounted to $100,000.
The cities agreed to bring the idea of forming a c oalition to their councils for consider ation. Forest
Lake, Hugo, Mahtomedi, and North St. Paul have already declined to participate. If Lino Lakes
elects not to participate, Vadnais Heights will likely drop out as well since they established a 60%
partic ipation requirement on the basis of the combined population/water usage totals of all ten cities
and a $125,000 expenditure cap. At the current participation numbers, Lino Lakes cost share would
be over $30,000 if expenditures reached $125,000.
R ECOMMEND ATION
Staff is seeking direction from the Council.
1
CITY COUNCIL
AGENDA ITEM 6A
STAFF ORIG INATOR: Katie Larsen, City Planner
MEETING DATE: January 27 , 2014
TOPIC: Marshan Meadows Second Addition
i. Consider Resolution No. 14 -01 Approving Variance from
Shoreland Overlay District
ii. Consider Resoluti on No. 14 -02 Approving the Preliminary
and Final Plat for Marshan Meadows Second Addition
iii. Consider Resolution No. 14 -03 Approving Development
Agreement, Marshan Meadows Second Addition
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting City Council co nsiderati on of a Variance, Preliminary & Final Plat and
Development Agreement as t hey relate to Marshan Meadows Second Addition.
Complete Application Date: November 15, 2013
60 -Day Review Deadline: January 11, 2014
120 -Day Review Deadline: March 12, 20 14
Environmental Board Meeting: None
Park Board Meeting: None
Planning & Zoning Board Meeting: December 11, 2013
City Council Meeting: January 27 , 2014
BACKGROUND
The applicant has submitted a Land Use Application for preliminary and final plat for Marshan
Meadows Second Addition. This a two (2) lot residential subdivision located at 7332
Stagecoach Trail (Lot 1, Block 1, Marshan Meadows).
2
Marshan Meadows is a residential subdivision platted in 2006. A preliminary and final plat for
Marshan Mea dows Second Addition proposing to subdivide the same Lot 1, Block 1, Marshan
Meadows into two (2) residential lots was submitted in 2007 by Bruggeman Properties. The City
Council approved the preliminary plat (Resolution No. 08 -07) and final plat (Resolut ion No. 08 -
08); however, the final plat was not recorded and has since expired.
The residential home on Lot 1, Block 1, Marshan Meadows (7332 Stagecoach Trail) was
constructe d in 2010. With approval of this new plat, the existing home will become Lot 1, Block
1, Marshan Meadows Second Addition and Lot 2, Block 1, Marshan Meadows Second Addition
will be sold for the purpose of constructing a single family home.
The following staff report is based on the Plan Set dated December 13, 2013 prepared by EG
Rud & Sons, Inc.
Proposed Marshan Meadows Second Addition
Parcel Area (to Shoreline) Area (Upland)* Area
(Above OHWL)
Lot 1, Block 1 97,349 s .f . 31,469 s .f . 39,819 s .f .
Lot 2, Block 1 67,888 s .f . 20,116 s .f . 27,400 s .f .
TOTAL 165,237 s.f. 51,585 s.f. 67,219 s.f.
*Upland is equivalent to buildable land as defined by the City Ordinance.
Zoning and Land Use
Current Zoning R -2, Two Family Residential
Other Controls
Shoreland Overlay District
Floodplain
Wetlands
Current Land Use Residential
Future Land U se per CP Low Density Sewered Residential
(1.6 to 3.9 units per acre)
Utility Staging Area 1A = 2008 -2015
Topography and
MLCCS
Flat with saturated deciduous
shrubland and wetlands
Conformity with the Comprehensive Plan and Zoning Code
Th e preliminar y plat and final plat have been reviewed for compliance with the comprehensive
plan, zoning and subdivision ordinance. The subdivision is not considered premature, is
consistent with the comprehensive plan and meets the performance standards of the subdivi sion
and zoning ordinance.
3
Public Land Dedication
The City will require payment in lieu of land dedication for purposes of public land dedication.
Since park dedication fees were paid for the existing lot at the time Marshan Meadows was
platted, fees wil l only be required for the newly created lot (Lot 2).
1 lot x $2,500 payment in lieu = TOTAL $2,500
Landscaping
One (1) boulevard tree shall be required on Lot 2, Block 1.
Shoreland Management Overlay District
Land located within 1,000 feet from the ordinary high water level of a public water is subject to
the Shoreland Management Overlay District. The proposed subdivision abuts Marshan Lake
which is classified as a Natural Environment Lake.
The Shoreland Overlay District regulates lot area, lot wi dth and impervious surface. The
proposed subdivision meets those criteria. The Shoreland Overlay also regulates structure
setbacks. A 150 foot setback from the ordinary high water level (OHWL) is required for all
principal and accessory structures. This includes decks, patios and sheds. This setback extends
into Lot 2 which limits the buildable area of that lot.
It is also important to note the permitted front setback in the R -2, Two Family Residential
District is 25 feet. The zoning ordinance was am ended in 2012 (Ord. 03 -12) which decreased the
front setback from 30 feet to 25 feet.
Variance
The Shoreland Overlay District references a front setback of 30 feet which was consistent with
the underlying zoning district; however, when the R -2 zoning o rdinance was amended in 2012 to
25 feet, the Shoreland Overlay District was not amended to reflect the change in the front
setback. A variance is required from the Shoreland Overlay District to correct the oversight .
Criteria and Findings of Fact . No var iance shall be granted unless it meets all the criteria of
Section 2, Subd. 4.A.1.(a -g). The City shall make findings regarding compliance with these
criteria.
a. The variance shall be in harmony with the general purposes and intent of the ordinance.
The intent of the Shoreland Overlay District in regards to structural setbacks from public street
right of way is to be consistent with the underlying zoning ordinance. The variance would allow
a 25 foot setback from the public street right of way which is c onsistent with the R -2, Two Family
zoning district.
4
b. The variance shall be consistent with the comprehensive plan.
The variance is consistent with the comprehensive plan. The land is guided for Low Density
Sewered Residential development and single fa mily homes are allowed.
c. There shall be practical difficulties in complying with the ordinance. “Practical difficulties,” as
used in connection with the granting of a variance, means that the property owner proposes to
use the property in a reasonable m anner not permitted by the ordinance. Economic
considerations alone do not constitute practical difficulties. Practical difficulties include, but are
not limited to, inadequate access to direct sunlight for solar energy systems.
The property owner propose s to use the property in a reasonable manner not permitted by the
ordinance. The construction of a single family home in a residential neighborhood is using the
property in a reasonable manner. The practical difficulty of the Shoreland Overlay District 3 0
foot front setback requirement is not consistent with the underlying R -2, Two Family Residential
Z oning District 25 foo t front setback requirement .
d. The plight of the landowner shall be due to circumstances unique to the property not created
by the l andowner.
The plight of the landowner is due to circumstances unique to the property not created by the
landowner. The Shoreland Overlay District ordinance should have been amended when the
Zoning Ordinance was amended in 2012 to reflect setback consisten cy with the underlying
zoning district.
e. The variance shall not alter the essential character of the locality.
The variance shall not alter the essential character of the locality. The construction of a single
family home in a residential neighborhood is consistent with the essential character of the
locality. The R -2 Two Family District allows for a 25 foot front setback.
f. A variance shall not be granted for any use that is not allowed under the ordinance for property
in the zoning district where the subject site is located.
Single family homes are permitted uses in the R -2, Two Family zoning district.
g. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered
construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning
ordinance.
Not applicable.
5
Development Contract
T he City’s subdivision ordinance and conditions of approval require the execution of a
development agreement between the Developer and the City of Lino Lakes. The C ity Engineer
has drafted the attached Development Contract.
RECOMMENDATION
The variance, preliminary plat and final plat for Marshan Meadows Second Addition meet the
requirements of the comprehensive plan, subdivision and zoning ordinance and Shoreland
O verlay District. The Planning & Zoning Board held a public hearing on December 11, 2013 and
made recommendation to the City Council for approval.
Staff is recommending approval of the following items with conditions as listed per resolution :
1. Resolution N o. 14 -01 Approving Variance from Shoreland Overlay District
2. Resolution No. 14 -02 Approving the Preliminary and Final Plat for Marshan Meadows
Second Addition
3. Resolution No. 14 -03 Approving Development Agreement, Marshan Meadows Second
Addition
ATTACHMEN TS
1. Resolution No. 14 -01
2. Resolution No. 14 -02
3. Preliminary Plat & Final Plat -Marshan Meadows Second Addition
4. Resolution No. 14 -03
5. Development Contract
1
CITY OF LINO LAKES
RESOLUTION NO. 14 -01
VARIANCE FROM SHORELAND OVERLAY DISTRICT FOR
MARSHAN MEADOWS SECOND ADDITION
WHEREAS, a request has been submitted to the City for the approval of a variance from the
Shoreland Overlay District for Marshan Meadows Second Addition , said property legally
described to -wit:
Lot 2, Block 1, Marshan Meadows Second Add i tion ; and
WHEREAS, t he Shoreland Overlay District references a front setback of 30 feet which was
consistent with the underlying zoning district; however , when the R -2 zoning ordinance was
amended in 2012 to 25 feet, the Shoreland Overlay District was not properly amended to reflect
th e change in the front setback, and
WHEREAS, review and approvals of variances are governed by state statutes and City
ordi nances, and
WHEREAS, the Lino Lakes City Council makes the following Finding s of Fact :
a. The variance shall be in harmony with the general purposes and intent of the ordinance.
The intent of the Shoreland Overlay District in regards to structural setba cks from public street
right of way is to be consistent with the underlying zoning ordinance. The variance would allow
a 25 foot setback from the public street right of way which is consistent with the R -2, Two Family
zoning district.
b. The variance sha ll be consistent with the comprehensive plan.
The variance is consistent with the comprehensive plan. The land is guided for Low Density
Sewered Residential development and single family homes are allowed.
c. There shall be practical difficulties in com plying with the ordinance. “Practical difficulties,” as
used in connection with the granting of a variance, means that the property owner proposes to
use the property in a reasonable manner not permitted by the ordinance. Economic
considerations alone do n ot constitute practical difficulties. Practical difficulties include, but are
not limited to, inadequate access to direct sunlight for solar energy systems.
The property owner proposes to use the property in a reasonable manner not permitted by the
ordina nce. The construction of a single family home in a residential neighborhood is using the
property in a reasonable manner. The practical difficulty of the Shoreland Overlay District 30
foot front setback requirement is not consistent with the underlying R -2, Two Family Residential
Zoning District 25 foot front setback requirement.
2
d. The plight of the landowner shall be due to circumstances unique to the property not created
by the landowner.
The plight of the landowner is due to circumstances unique to the property not created by the
landowner. The Shoreland Overlay District ordinance should have been amended when the
Zoning Ordinance was amended in 2012 to reflect setback consistency with the underlying
zoning district.
e. The variance shall not alter the essential character of the locality.
The variance shall not alter the essential character of the locality. The construction of a single
family home in a residential neighborhood is consistent with the essential character of the
locality. The R -2 Tw o Family District allows for a 25 foot front setback.
f. A variance shall not be granted for any use that is not allowed under the ordinance for property
in the zoning district where the subject site is located.
Single family homes are permitted uses in the R -2, Two Family zoning district.
g. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered
construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning
ordinance.
Not applicable.
NOW, T HEREFORE BE IT RESOLVED by The City Co uncil of The City of Lino Lakes
hereby approves a variance from the Shoreland Overlay District for Marshan Meadows Second
Add i tion , subject to the following conditions:
1. The Variance Resolution, Final P lat and Developm ent Contract shall be recorded with
Anoka County.
2. A building permit for construction of a single family home shall be submitted and
approved by the City.
3. A grading and drainage plan shall be submitted to the City Engineer and Rice Creek
Watershed District for review and approval.
Adopted by the Council of the City of Lino Lak es this ___ day of _______, 2014 .
The motion for the adoption of the foregoing resolution was introduced by Council Member
_______________and was duly seconded by Council Member ________________ and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
3
_______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
1
CITY OF LINO LAKES
RESOLUTION NO. 14 -02
RESOLUTION APPROVING THE PRELIMINARY & FINAL PLAT
FOR MARSHAN MEADOWS SECOND ADDITION
WHEREAS , the City has received an application for preliminary and final plat approval
for Marshan Meadows Second Addition ; and
WHEREAS , City staff has completed a review of the proposed plat based on the
following plans and information:
• Plan Set dated December 13, 2013 prepared by EG Rud & Sons, Inc.; and
WHEREAS, a public hearing was held before the Planning & Zoning Board on
December 11, 2013 and the Board recommended approval of the preliminary and final
plat ; and
WHEREAS, the proposed preliminary and final plat meets the requirements of the City’s
Zoning and Subdivision Ordinances ;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino
Lakes hereby approves the preliminary and final plat of Marshan Meadows Second
Addition , subject to the following conditions:
1. The Variance Resolution , Final Plat and Development Contract shall be executed
by the City and the o wner and recorded with Anoka County.
2. One (1) boulevard tree shall be required on Lot 2, Block 1 , Marshan Meadows
Second Addition.
3. One (1) full size set of plans, preliminary plat and final plat shall be submitted to
the City.
Adopted by the Council of the City of Lino Lakes this ______________ day of _____,
2014 .
The motion for the adoption of the foregoing resolution was introduced by Council
Member
_______________and was duly seconded by Council Member ________________ and
upon vote being taken thereon , the following voted in favor thereof:
The following voted against same:
2
______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
CITY OF LINO LAKES
RESOLUTION NO. 14 -03
RESOLUTION APPROVING DEVELOPMENT CONTRACT
FOR MARSHAN MEADOWS SECOND ADDITION
WHEREAS, the City Council approved the Preliminary and Final Plat for Marshan Meadows
Second Addition on January 27 , 2014 ; and
WHEREAS , the City’s subdivision ordinance and conditions of approval require the execut ion
of a development agreement between the Developer and the City of Lino Lakes.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes
hereby a pproves th e Development Contrac t between Albert and Sherri Shober , husband and
wife, and the City of Lino Lakes, for Marshan Meadows Second Addition and authorizes the
Mayor and City Clerk to execute such agreement on behalf of the City.
Adopted by the Council of the City of Lino Lak es this ___ day of _______, 2014 .
The motion for the adoption of the foregoing resolution was introduced by Council Member
_______________and was duly seconded by Council Member ________________ and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
DEVELOPMENT CONTRACT
Marshan Meadows Second Addition
THIS AGREEMENT made this _____ day of January, 2014 , is by and between
the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota,
55014, a municipal corporation organized un der the laws of the State of Minnesota, hereinafter
referred to as the “City ,” and Albert J. Shober and Sherri A. Shober, husband and wife whose
address is 7332 Stage Coach Trail, Lino Lakes, MN 55014 hereinafter referred to as the
"Developer".
WHEREAS, t he Developer has received preliminary plat approval from the City Council
for a plat of land within the corporate limits of the City known as Marshan Meadows Second
Addition hereinafter called “Subdivision ,” as shown in Attachment A and is legally describe d as
follows:
Lot 1, Block 1, Marshan Meadows, Anoka County, Minnesota.
WHEREAS, the Developer is splitting the above described land into two lots with one
existing residence and one additional residence , which will be legally described to -wit
Lot 1 and 2 , Block 1 , Marshan Meadows Second Addition
WHEREAS, certain improvements to service the subdivision have been made by a
previous development; and
WHEREAS, the Developer is responsible for the installation and financing of certain private
improvements withi n the subdivision ; and
WHEREAS, the City Subdivision Ordinance and Minnesota Statute s section 462.358
authorize the City to enter into a performance contract secured by cash escrow or other security
to guarantee completion and payment of such improvements following final approval and
recording of final plat.
NOW, THEREFORE, in consideration of the mutual promises of the parties made herein,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the
Marshan Meadows Second Addition
Development Con tract
January 2014
page 2
I. DEVELOPER IMPROVEMENTS
A. The Developer shall place iron monum ents at all l ot and block corners and at all
other angle points on boundary lines.
B. The Developer shall notify the Rice Creek Watershed District (RCWD) of their
intent to construct a new home and submit a grading plan to the City and RCWD.
The RCWD will confirm that no wetland or flood plain impacts will occur and
that proper soil erosion and sediment control are employed during construction.
C. The Developer is to maintain a 150 foot setback from the Ordinary High Water
Level of Marshan Lake.
D. The Develope r shall dedicate to the City at no cost to the City, any permanent or
temporary easements that may be necessary for drainage and utilities and side
yard set backs . All such easements required by the City shall be in writing, in
recordable form, containing such terms and conditions as the City shall determine.
E. The Developer shall make provision that all gas, telephone, cable TV and electric
utility designs be submitted to the City for review and approval prior to
construction of the improvements. Following review and approval by the City,
the Developer shall insure that all installations comply with applicable City,
County and State design standards and show proof of security arrangements with
said utility companies.
II. CITY IMPROVEMENTS
A. There are no Developer installed City Improvements for this project.
III. RECORDING AND RELEASE
A. The Develope r agrees that the terms of this Development Contract shall be a
covenant on any and all property included in the Subdivision. The Developer
agrees that the City shall have t he right to record a copy of this Development
Contract with the Anoka County Recorder to give notice to future purchasers and
owners. This Development Contract shall be recorded against the Subdivision
described on Page 1 hereof. City shall provide to De veloper upon completion of
Developer’s private improvements , a release of such parcel from the terms and
conditions of this Development Contract subject to provisions contained in this
contract.
IV. REIMBURSEMENT OF COSTS
A. The Developer agrees to establish a no n -interest bearing escrow account with the
City in an amount determined by the City Administrator or his designee for the
payment of all costs incurred by the City related to the review of the Subdivision
Marshan Meadows Second Addition
Development Con tract
January 2014
page 3
including, but not limited to, the following (See A ttachment C for breakdown of
costs):
1. Plat Review Fee
2. Planner Review Fee
3. Administration - 3% Construction Cost
4. Engineering
5. Legal
6. Publications
7. Park Dedication Fee
8. Tree Preservation Policy
9. Boulevard Tree Planting
10. Street - Storm Sewer - Pond Maintenance
11. Sealco ating Fund
12. Aerial Photo Recovery Cost
B. If the above escrow amounts are insufficient, the Developer shall make such
additional reasonable deposits as required by the City. The City shall have a right
to reimburse itself from the Escrow upon notice to the De veloper, with suitable
documentation supporting charge.
V. TRUNK UTILITY & SURFACE WATER MANAGEMENT CHARGES
A. Trunk Sewer Unit Charges. The City has established trunk unit charges to
uniformly distribute the costs of public trunk sanitary sewer infrastructur e. Each
individual connection to the sanitary sewer system shall be charged a unit charge
per SAC unit (currently at $2,911 per SAC unit). The unit charge shall be based
on the procedure outlined in the Metropolitan Environmental Services Service
Availab ility Charge Procedure Manual. Trunk sewer unit charges addressed
under this paragraph are in addition to any SAC charges imposed by Metropolitan
Council Environmental Services. An estimate of the total charge and the trunk
utility credit for developer i nstalled trunk oversizing is specified in Attachment B .
Trunk Sewer Unit Charges will be collected with the Development Contract for
Lot 2 , Block 1 of Marshan Meadows Second Addition.
Marshan Meadows Second Addition
Development Con tract
January 2014
page 4
B. Trunk Water Unit Charges. The City has established trunk unit charges t o
uniformly distribute the costs of public trunk water infrastructure. Each
individual connection to the water system shall be charged a unit charge per SAC
unit (currently at $3,854 per SAC unit). The unit charge shall be based on the
procedure outlined in the Metropolitan Environmental Services Service
Availability Charge Procedure Manual. An estimate of the total charge and the
trunk utility credit for developer installed trunk oversizing is specified in
Attachment B .
Trunk Water Unit Charges will be collected with the Site Performance Agreement
for Lot 2 , Block 1 of Marshan Meadows Second Addition.
C. Surface Water Management Area Charges. The City has established a trunk area
charge to uniformly distribute the costs of public trunk surface water
infras tructure and water quality improvements. The Developer shall pay pursuant
to the terms of the development agreement Surface Water Management Charges,
based on developable acreage, in the amount specified in Attachment B .
VI. BUILDING PERMITS
A. The Developer agr ees that building permits may be issued upon site plan approval
for Lot 2 , Block 1 of Marshan Meadows Second Addition .
VII. REIMBURSEMENT OF COSTS FOR DEFENSE
A. The Developer agrees to reimburse the City for all costs incurred by the City in
defense of enforcemen t of this contract, or any portion thereof, including court
costs and reasonable engineering and attorneys’ fees if the City prevails in such
action.
VIII. VALIDITY
A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this
contract is for any reason held to be invalid by a court of competent jurisdiction,
such decision shall not affect or void any of the other provisions of the
Development Contract.
IX. GENERAL
A. Binding Effect
1. The terms and provisions hereof shall be binding upon and insure to t he
benefit of the heirs, representatives, successors and assigns of the parties
hereto and shall be binding upon all future owners of all or any part of the
Subdivision and shall be deemed covenants running with the land , unless
released pursuant to Articl e IV .
Marshan Meadows Second Addition
Development Con tract
January 2014
page 5
B. Notices
1. Whenever in this agreement it shall be required or permitted that notice or
demand be given or served by either party to this agreement to or on the
other party, such notice or demand shall be delivered personally or mailed
by United States m ail to the addresses hereinbefore set forth on Page 1 by
certified mail (return receipt requested). Such notice or demand shall be
deemed timely given when delivered personally or when deposited in the
mail in accordance with the above. The addresses of the parties hereto are
as set forth on Page 1 until changed by notice given as above.
C. Final Plat Approval
The City agrees to give final approval to the plat of the Subdivision upon
execution and delivery of this agreement and all required petitions, bonds,
security, and documents including the following:
1. Lot 2 , Block 1 of Marshan Meadows Second Addition must agree to
connect to City utilities. The City will not approve the final plat without
legally enforceable assurance that properties intend to connect t o City
utilities.
2. Any future easements required for drainage or utilities shall be dedicated
by the owner.
3. A development agreement between the City and the developer must be
executed prior to the issuance of any building permits for the site.
4. Park dedic ation and trunk utility fees paid in accordance with the City’s
fee schedule.
5. The Rice Creek Watershed District approvals of proposed construction are
obtained.
6. A boulevard tree shall be provided for Lot 2 , Block 1 of Marshan
Meadows Second Addition.
X. VI OLATIONS/BUI LDING PERMITS
A. In the event that Developer violates any of the covenants and agreements
contained in this Development Contract and to be performed by the Developer,
the City, at its option, in addition to the rights and remedies as set out hereu nder
may refuse to issue building permits and/or Certificate of Occupancies to any
property within the Subdivision until such time as such default has been corrected
to the satisfaction of the City.
Marshan Meadows Second Addition
Development Con tract
January 2014
page 6
XI. PARK DEDICATION
A. The Park dedication fee shall be paid by the Developer to the City for Lot 2 ,
Block 1 of Marshan Meadows Second Addition.
XII. PROPERTY TAXES
A. Should the recording of the Final Plat occur after July 1, any and all property
taxes on any public property dedicated as a part of this plat shall be the
respo nsibility of the Developer. Dollars shall be incorporated into the escrow
agreement to cover the cost of said property taxes.
ALBERT J. SHOBER CITY OF LINO LAKES
By By
Mayor
SHERRI A. SHOBER ATTEST:
By_________________________________ By____________________________
Clerk
Marshan Meadows Second Addition
Development Con tract
January 2014
page 7
STATE OF MINNESOTA )
) ss
COUNTY OF ANOKA )
On this _____ day of ________________, 20__, before me, a Notary Public within and
for said County, personally appeared ____________________ (Mayor) and
__________________ (Clerk), to me known to be respectively the Mayor and Clerk of the City
of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed
the same on behalf of said City.
Notary Public
STATE OF MINNESOTA )
) ss
COUNTY OF ANO KA )
On this _____ day of ________________, 20__, before me, a Notary Public within and
for said County, personally appeared Albert J. Shober and Sherri A. Shober, husband and wife ,
and that they executed the foregoing instrument.
Notary Public
This in strument drafted by:
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 550014
AT
T
A
C
H
M
E
N
T
A
ATTACHMENT B
SUMMARY OF IMPROVEMENT COSTS
DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME:Marshan Meadows Second Addition NUMBER OF REU's:1
APPLICANT:Albert J. and Sherri A. Shober ASSESSED AREA (ac.):0.46
BUDGET PRIVATE PUBLIC FEE
ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (W)IMP. (X)AMOUNT (Z)
1 SITE GRADING Estimate e $0 $0
2 EROSION CONTROL Estimate e $0
3 SITE ENGINEERING & SURVEYING Estimate e $0
4 LANDSCAPING Estimate e $0
5 STREETS
A. Turn Lanes Estimate e $0
B. On Site Parking Lot Estimate e $0
B. Pedestrian Trail Estimate e $0
6 STORM SEWER CONST.
A. Trunk Estimate e
B. Lateral Estimate e $0
C. Surface Water Mgmt.$0.135/sf a $0
7 SANITARY SEWER CONST.
A. Trunk Unit Charge (REU)$2,911/unit a $2,911
B. Lateral Estimate e $0
C. Trunk Credit Estimate e
8 WATERMAIN CONST.
A. Trunk Unit Charge (REU)$3,854/unit a $3,854
B. Lateral Estimate e $0
C. Trunk Credit Estimate e
TOTALS:$0 $0 $6,765
See Attachment C for security amounts to be posted
NOTE:
a: Cost by City policy
b: Estimated Cost or Budget by City
c: Previously Assessed
d: Cash Requirement per Agreement with Park Board
e: Provided by Developer
f: Estimate by Feasibility Study
ATTACHMENT C
CITY FEES
DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME:Marshan Meadows Second Addition NUMBER OF REU's:1
APPLICANT:Albert J. and Sherri A. Shober ASSESSED AREA (ac.):0.46
BUDGET PRIVATE PUBLIC ESCROW FEE
ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (W)IMP. (X)AMOUNT (Y)AMOUNT (Z)
1 PLANNING/REVIEW
A. Plat Review Fee b $100
B. Planner Review Fee b $100
2 ADMINISTRATION
A. Legal a $0
B. Administration Fee b $0
C. Publications b $0
3 ENGINEERING
A. Plan/Plat/Grading Review b $250
B. Construction Services b $200
C. Construction Staking b $0
D. City Engineering b $300
4 DEVELOPMENT FEES
A. Park Dedication Fee $2,500/unit d $2,500
B. Park Dedication Credit $0
C. Sealcoating Fee $0.28/SF b $0
D. Aerial Photo Fee 90/unit b $90
5 BOULEVARD TREE PLANTING $465/tree b $465
6 DEVLOPMENT SECURITIES
A. Tree Preservation 100/unit b $100
B. Street Lighting - installation $2,500 a $0
C. Street Lighting - operation $265 $0
D. Traffic Signing $500 a $0
E. Street, Storm Sewer, Pond Maint.b $100
SUBTOTAL:$0 $0 $1,615 $2,590
Grading Only Escrow Credit $0 $0
TOTALS:$1,615 $2,590
SECURITY AMOUNTS TO BE POSTED Att. B Att. C Total
W = PRIVATE IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT)$0 $0 $0
X = PUBLIC IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT)$0 $0 $0
Y = CITY ESCROW COSTS X 1.0 (CASH ESCROW)$0 $1,615 $1,615
Z = CITY FEES X 1.0 (CASH FEE)$6,765 $2,590 $9,355
NOTE:a: Cost by City policy
b: Estimated Cost or Budget by City
c: Previously Assessed
d: Cash Requirement per Agreement with Park Board
e: Provided by Developer
f: Estimate by Feasibility Study
CITY COUNCIL
AGENDA ITEM 6B i
STAFF ORIG INATOR: Jason C. Wedel, City Engineer
MEETING DATE: January 27, 2014
TOPIC: Consider Resolution 14 -07, Approving Plans and Specifications
and Authorize Advertisement for Bids, 21 st Avenue Street and
U tility Improvement Project
VOTE REQUIRED: 3/5
INTRODUCTION
WSB & Associates have completed the final plans for the 21 st Avenue Street and Utility
Improvement project. Staff is requesting Council approval of the 21 st Avenue Street and Util ity
Plans and Specifications and authorization to advertise for bids.
BACKGROUND
Alino LLC is the owner of the land abutting the 21 st Avenue improvement project. The City
Council has approved their preliminary and final plat for a two lot commercial sub division.
Metro Transit has since purchased one of the lots and has received staff approval of their Site
Plan with conditions for their proposed park and ride facility. As part of Alino’s approvals the
City required them to enter into a petition and wai ver agreement for the construction of utilities
and street.
The background and corresponding dates for this project to date are as follows:
Alino requests the preparation of a concept plan & cost estimate January 2012
City Council Approves Preliminary P lat for Alino Addition June 24, 2013
City Council Approves Petition and Waiver Agreement with Alino August 26, 2013
City Council Approve Joint Powers Agreement with Centerville August 26, 2013
City Council authorized the preparation of plans and specif ications September 9, 2013
City Council Approves Final Plat for Alino Addition December 9, 2013
An estimated total cost for this project is $1,315,611.88 . This estimate includes construction,
wetland mitigation, and soft costs including finance, legal , administrative, and engineering.
The project is proposed to be funded primarily through a combination of assessments to the
benefitting property owners a nd through cost participation with the City of Centerville as
outlined in the Petition and Waiver Ag reement and Joint Po wers Agreement. Approximately
$90,000 of the utility costs are being paid from the City’s trunk utility funds to cover the over
sizing costs.
The anticipated schedule for this project moving forward is as follows:
City Council Appro ves Plans and Specifications January 27, 2014
City Council Authorizes Ad for Bids January 27, 2014
Bid Opening February 27, 2014
City Council Awards Contract March 10, 2014
Construction Begins May 1, 2014
Construction Substantia lly Complete August 31, 2014
RECOMMENDATION
Staff recommends adoption of Resolution 14 -07.
ATTACHMENTS
1. Resolution 14 -07
2. Construction Plans
CITY OF LINO LAKES
RESOLUTION NO. 14 -07
RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND
AUTHORIZI NG ADVERTISEMENT FOR BIDS – 21 ST AVENUE STREET AND
UTILITY IMPROVEMENT PROJECT
WHEREAS, pursuant to Resolution No. 13 -97 adopted by the City Council on September 9,
2013, the City Engineer has prepared plans and specifications, with reference to 21 st Ave nue;
and
WHEREAS , plans for the 21 st Avenue Street and Utility project which include improvements
by the extension of street, sanitary sewer, watermain, storm sewer, traffic control signals, and
pedestrian improvements have been prepared and presented to the City,
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes
1. Such plans and specifications, a copy of which are made part hereof, are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in the official paper and in Finance
and Commerce an advertisement for bids for the making of such improvement under such
approved plans and specifications. The advertisement shall be published for two weeks,
shall specify the work to be done, shall state that bids will be re ceived by the Clerk, at
which time they will be publicly opened at the City Hall by the City Clerk and Engineer,
will then be tabulated, and will be considered by the Council at 6:30 p.m. on March 10,
2014, in the Council chambers of the City Hall. Any bi dder whose responsibility is
questioned during consideration of the bid will be given an opportunity to address the
Council on the issue of responsibility. No bids will be considered unless sealed and filed
with the Clerk and accompanied by a cash deposit , cashier’s check, bid bond or certified
check payable to the Clerk for five (5) percent of the amount of such bid.
Adopted by the Council of the City of Lino Lakes this ___ day of _______, 2014.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_______________and was duly seconded by Council Member ________________ and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
CITY COUNCIL
AGENDA ITEM 6B ii
STAFF ORIG INATOR: Jason C. Wedel, City Engineer
MEETING DATE: January 27, 2014
TOPIC: Consider Resolution 14 -08, Approve Purchase Agreement for
Wetland Mitigation Credits , 21 st Avenue Street and Utility
Improv ement Project
VOTE REQUIRED: 3/5
INTRODUCTION
T he 21 st Avenue Street and Utility Improvement project will require a partial impact to the
e xisting wetlands located in the area . As part of the City’s permit with the Rice Creek
Watershed Di strict (RCWD) the City is required to replace the wetl and area impacted .
BACKGROUND
As part of the design of the 21 st Avenue Street and Utility Improvement project all of the
wetlands in the project area were delineated this past fall. The delineation w as approved by the
Technical Evaluation Panel (TEP) and was included in the construction plans for the utilities
and streets. Now that the plans are complete, the amount of wetland area that will be impacted
has been finalized . The total area impac ted eq uates to 28,314 square feet. Per RCWD rules,
the impacted wetland is required to be replaced at a 2 to 1 ratio. Therefore 56,628 square feet
(28,314 x 2) of new wetland is either required to be constructed or an equivalent amount of
wetland bank credits can be purchased.
Since there is not sufficient area to create 56,628 square feet of new wetland on sit e it was
determined that wetland credits need to be purchased . This cost was anticipated and was
included in the original cost estimates for the projec t. The total cost is $68,542.53 which
equates to $1.21 per square foot. City staff contacted a number of sellers and this was the best
rate available for wetland credits that me e t the RCWD’s requirements.
As part of the purchase agreement a $1,000 non r efundable deposit is required to secure the
wetland credits. The remaining balance will be paid this summer when the closing for the
purchase of the credits occurs. The City Council is being asked to approve the purchase
agreement for the wetland mitigat ion credits and authorize the deposit of $1,000 to secure the
agreement.
RECOMMENDATION
Staff recomme nds adoption of Resolution 14 -08 .
ATTACHMENTS
1. Resolution No. 14 -08
2. Purchase Agreement
CITY OF LINO LAKES
RESOLUTION NO. 14 -08
RESOLUTION APPR OVING THE PURCHASE AGREEMENT FOR WETLAND
MITIGATION CREDITS REQUIRED FOR THE 21 ST AVENUE STREET AND
UTILITY IMPROVEMENT PROJECT
WHEREAS , plans for the 21 st Avenue Street and Utility project which include improvements
by the extension of street, sanitary sewer, watermain, storm sewer, traffic control signals, and
pedestrian improvements have been prepared and presented to the City ; and
WHEREAS , the plans have identified impacts to the existing wetlands in the amount of 28,314
square feet; and
WHEREAS , th e RCWD requires replacement of impacted wetland at a 2:1 ratio so the total
amount of wetland replacement equals 56,628 square feet; and
WHEREAS , it has been determined that the purchase of wetland mitigation credits is
appropriate to meet the replacement requirements,
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes
1. The Purchase Agreement between the City of Lino Lakes (Buyer) and Robert Engstrom
(seller) dated January 21, 2014 is hereby approved .
2. City Staff is authorized to submit the $1,000 non refundable deposit as outlined in the
Purchase Agreement.
Adopted by the Council of the City of Lino Lakes this ___ day of _______, 2014.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_______________and was duly seconded by Council Member ________________ and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
CITY COUNCIL
AGENDA ITEM 6 Biii
STAFF ORIGINATOR: Michael Grochala
MEETING DATE: January 2 7 , 201 4
TOPIC: Consideration of Resolution No. 1 4 -0 9 ,
Declare Intent to Bond. 21 st Avenue Improvement
Project
VOTE REQUIRED: 3/5
INTRODUCTION
Th e improvement project to extend Otter Lake Road is planned to commence in summer of 201 4 .
Staff is requesting council approval to declare the City’s intent to bond for the proposed
improvements.
BACKGROUND
The 21 st Avenue project was initiated by the Cit y Council in August of 2013 . The estimated
project cost is $1 ,316,000 . WSB and Associates have completed the preparation of plans and the
city is preparing to advertise for bids .
Funding for the project will be split between the City of Centerville and the City of Lino Lakes in
accordance with the Joint Powers Agreement, dated August 26, 2013 . The City’s portion of the
project is proposed to be funded by special assessments and the trunk utility fund and financed
through the issuance of General Obligation Improvement Bonds. The Internal Revenue Code
requires c ities to declare their intent to reimburse project costs from bond proceeds prior to
encumbering project costs. P reliminary expenditures such as architectural, engineering, surv eying,
bond issuance, and similar costs are exempt from this provision .
This is a non -binding declaration that must take place in order to finance projects in this manner.
RECOMMENDATION
Staff is recommending adoption of Resolution No. 1 4 -0 9 .
ATTACHM ENTS
1. Resolution No. 1 4 -0 9
CITY OF LINO LAKES, MINNESOTA
RESOLUTION NO. 1 4 -09
DECLARING THE OFFICIAL INTENT OF THE
CITY OF LINO LAKES TO REIMBURSE
CERTAIN EXPENDITURES FROM THE PROCEEDS
OF BONDS TO BE ISSUED BY THE CITY
WHEREAS, the Internal Re venue Service has issued Treas. Reg. § 1.150 -2 (the
“Reimbursement Regulations”) providing that proceeds of tax -exempt bonds used to reimburse
prior expenditures will not be deemed spent unless certain requirements are met; and
WHEREAS, the City expects to incur certain expenditures that may be financed temporarily
from sources other than bonds, and reimbursed from the proceeds of a tax -exempt bond;
WHEREAS, the City has determined to make this declaration of official intent
(“Declaration”) to reimburs e certain costs from proceeds of bonds in accordance with the
Reimbursement Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES AS FOLLOWS:
1. The City proposes to undertake improvements to 21 st Avenue (the “Projec t”).
2. The City reasonably expects to reimburse the expenditures made for certain
costs of the Project from the proceeds of bonds in an estimated maximum principal amount
of $1,316,000 . All reimbursed expenditures will be capital expenditures, costs of i ssuance
of the bonds, or other expenditures eligible for reimbursement under Section 1.150 -2(d)(3)
of the Reimbursement Regulations.
3. This Declaration has been made not later than 60 days after payment of any
original expenditure to be subject to a rei mbursement allocation with respect to the proceeds of
bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an
amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) “preliminary
expenditures” up to an amount not in excess of 20 percent of the aggregate issue price of the issue
or issues that finance or are reasonably expected by the City to finance the project for which the
preliminary expenditures were incurred. The term “preliminary expendi tures” includes
architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to
commencement of acquisition, construction or rehabilitation of a project, other than land
acquisition, site preparation, and similar costs in cident to commencement of construction.
4. This Declaration is an expression of the reasonable expectations of the City based
on the facts and circumstances known to the City as of the date hereof. The anticipated original
expenditures for the Project a nd the principal amount of the bonds described in paragraph 2 are
consistent with the City’s budgetary and financial circumstances. No sources other than proceeds
of bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a
long -term basis, or otherwise set aside pursuant to the City’s budget or financial policies to pay
such Project expenditures.
5. This Declaration is intended to constitute a declaration of official intent for
purposes of the Reimbursement Regulatio ns.
Adopted by the Council of the City of Lino Lakes this 27 th day of January, 2014 .
The motion for the adoption of the foregoing resolution was introduced by Council Member
and was duly seconded by Council Member and
upon vote being taken the reon, the following voted in favor thereof:
The following voted against same:
_____________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
AGENDA ITEM 6C
STAFF ORIGINATOR: Michael Grochala
COUNCIL MEETING DATE: January 27 , 201 4
TOPIC: Resolution No. 14 -10 , Authorizing
Execution of Professional Services
Agreement with WSB and Associates.
ACTION REQUIRED: Simple Majority
INTRO DUCTION
Staff if requesting council authorization to enter into an agreement with WSB and Associates to
provide general m un i cipal e ngineering s ervices for the City.
BACKGROUND:
In June of 2011, f ollowing completion of an RFP process, the City retained W SB & Associates
to serve as the City Engineer. The original agreement was for 18 months through December of
2012. The contract was renewed in 2013.
Staff has requested an extension of WSB’s services contract for 201 4 . Under the terms of the
agreement WSB will provide general engineering service s, detailed within the agreement, to the
city based on a fixed monthly retainer. The contract will incorporate a 24 hour work week.
WSB will charge the City $7 9,722 for general services through December 2013 . This is an
increase of 3% ($2,322 ) over the 2013 contract. The proposed increase is provided for within the
201 4 Budget.
Services outside the scope of the general engineering are billed separately from the retainer at
WSB standard hourly rates.
RECOMMENDATION :
Staff is recommending approval of Resolution No. 14 -10 a uthorizing execution of a professional
services agreement for Municipal Engineering Services with WSB and Associates.
ATTACHMENTS
1. Resolution 14 -10
2. 2014 WSB Professional Services Contract
CITY OF LINO LAKES
RESOLUTION NO. 14 -10
RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT FOR MUNICIPAL ENGINEERING SERVICES WITH WSB AND
ASSOCIATES, INC.
WHEREAS, the city council retained the services of WSB & Associates to serve as t he
City’s Municipal Engineer in June of 2011, and
WHEREAS, the city council finds that it is in the best interests of the city to extend the
contract with WSB and Associates through 201 4 .
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. T hat the professional service agreement between the City and WSB & Associates is
hereby approved for 201 4 and the Mayor and Clerk are authorized to execute the
agreement on behalf of the City .
BE IT FURTHER RESOLVED that WSB is he reby appointed City Engineer effective J anuary
1, 201 4 .
Adopted by the Council of the City of Lino Lakes this 27 th day of January , 20 14 .
The motion for the adoption of the foregoing resolution was introduced by Council Member
_____________and was duly seconded by Council Member ____________ and upon vote being
taken thereon, the following voted in favor thereof:
The following voted against same:
_____________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
Professional Services Agreement Page 1 of 1 S:\Community Development \Engineering \Engineering RFP \Contract 2014 \PSA -Final -011314 (2) with attachments.doc
WSB & ASSOCIATES, INC.
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made as of the 1 st day of January , 20 1 4 , by and between the City of Lino Lakes, M innesota ,
hereinafter referred to as Client , and WSB & Associates, Inc., hereinafter referred to as E ngineer, with offices
located at 701 Xenia Avenue South , Suite 300, Minneapolis, Minnesota 554 16 .
Witnesseth, that the Client and Engineer, for the consideration herein named, agree as follows:
SECTION 1 / GENERAL CONTRACT
PROVISIONS
These provisions sh all be as set forth in Exhibit A.
SECTION 2 / SCOPE OF WORK
The scope of work to be performed by Engineer is set
forth in Exhibit C. The work and services to be
performed hereunder and described in Exhibit C shall
be referred to herein and in the General Contract
Provisions as the Project.
SECTION 3 / COMPENSATION
Compensation to Engineer for services described in this
agreement shall be as designated in the attached
Exhibit D and as hereinafter described.
SECTION 4 / WORK SCHEDULE
The anticipated sched ule is set forth in Exhibit C.
SECTION 5 / SPECIAL CONDITIONS
Special conditions, if any, are as set forth in Exhibit G.
SECTION 6 / EXHIBITS
The following initialed Exhibits are attached to and
made a part of this Agreement (check all that apply ):
X Exhibit A General Contract Provisions
X Exhibit B Client Responsibilities
X Exhibit C Scope of Work
X Exhibit D Compensation
X Exhibit E Insurance Schedule
X Exhibit F Fee Schedule
Exhibit G Special Conditions
SECTION 7 / ACCEPTANCE OF AGREEMENT
All work and services described in this agreement
shall be performed by Engineer only after written
acceptance of the C lient . The undersigned hereby
accept the terms and conditions of this agreement and
Engineer is hereby authorized to perform the service s
described herein.
C LIENT : CITY OF LINO LAKES
ADDRESS: 600 TOWN CENTER PARKWAY
LINO LAKES, MN 55014
BY:
SIGNATURE:
TITLE:
BY:
SIGNATURE:
TITLE:
ENGINEER: WSB & ASSOCIATES, INC.
ADDRESS: 701 XENIA AVENUE SOUTH
SUITE 300
MINNEAPOLIS, MN 55416
BY : Bret A. Weiss, PE
SIGNATURE:
TITLE: President
BY: James W. Kennedy, PE
SIGNATURE:
TITLE: Principal
Exhibit A – General Contract Provisions Page 2 of 19 S:\Community Development \Engineering \Engineering RFP \Contract 2014 \PSA -Final -011314 (2) with attachments.doc
WSB & ASSOCIATES, INC.
EXHIBIT A
GENERAL CONTRACT PROVISIONS
ARTICLE 1 – GENERAL
These genera l contract provisions are incorporated in and become a part of the Agreement between WSB &
Associates, Inc. (hereinafter referred to as Engineer) and the other party to the Agreement (Client) for the provision
of engineering and related services, as set ou t in the Agreement to which this letter is attached. Either party may be
hereinafter referred to as party or, collectively, parties. The starting date will commence when authorized by the
Client.
As used herein the term “Agreement” means:
(1) The agreem ent for engineering, surveying and planning services;
(2) These general contract provisions;
(3) The attached exhibits; and
(4) The supplemental agreement(s), where applicable.
The attached exhibits shall govern over these General Contract Provisions and the Supplemental Agreement(s),
where applicable, shall govern over attached exhibits and these general provisions. The Agreement constitutes the
entire understanding between the Engineer and Client. The Agreement supersedes all prior written or oral
unde rstanding and may only be amended, supplemented, modified or cancelled by a duly executed written
instrument.
ARTICLE 2 – STANDARD OF CARE
The standard of care for all professional engineering and related services performed or furnished by Engineer under
this Agreement will be the care and skill ordinarily used by members of Engineer’s profession practicing under
similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied,
under this Agreement or otherw ise, in connection with its services.
ARTICLE 3 – ADDITIONAL SERVICES
If the Engineer determines that any services it has been directed or requested to perform are beyond the scope as set
forth in the Agreement or that, due to changed conditions or change s in the method or manner of administration of
the Project, the Engineer’s effort required to perform its services under this Agreement exceeds the estimate which
formed the basis for the Engineer’s compensation, Engineer shall promptly notify the Client o f that fact, including
the amount of additional compensation and/or time to complete the work. Except in case of emergency, no additional
work shall be undertaken without prior approval by the Client.
ARTICLE 4 – LOCATION OF UNDERGROUND
IMPROVEMENTS
The En gineer and/or his or her authorized subconsultant will conduct the research that in his or her professional
opinion is necessary and will prepare a plan indicating the locations intended for subsurface penetrations with respect
to assumed locations of unde rground improvements. Such services by the Engineer or his or her subconsultant will
be performed in a manner consistent with the ordinary standard of care. The Client recognizes that the research may
not identify all underground improvements and that th e information upon which the Engineer relies may contain
errors or may not be completed.
The Client agrees, to the fullest extent permitted by law, to waive all claims and causes of action against the Engineer
and anyone for whom the Engineer may be lega lly liable, for claims by Client or its contractors of delay or additional
compensation relating to the identification, removal, relocation, or restoration of utilities, or damages to underground
improvements resulting from subsurface penetration locations established by the Engineer, except where such claims
and causes of action arise out of the negligence or willful misconduct of the Engineer or anyone for whom the
Engineer may be legally liable.
Exhibit A – General Contract Provisions Page 3 of 19 S:\Community Development \Engineering \Engineering RFP \Contract 2014 \PSA -Final -011314 (2) with attachments.doc
ARTICLE 5 – CONSTRUCTION OBSERVATION
Engineer shall visit t he project during construction to become familiar with the progress and quality of the
contractors’ work and to determine if the work is proceeding, in general, in accordance with plans, specifications or
other contract documents prepared by Engineer for t he Client. The Client has not retained the Engineer to make
detailed inspections or to provide exhaustive or continuous project review and observation services. Engineer does
not guarantee the performance of, and shall have no responsibility for, the acts , errors or omissions of any contractor,
subcontractor, supplier or any other entity furnishing materials or performing any work on the project.
Client acknowledges Engineer will not direct, supervise or control the work of contractors or their subcontrac tors,
nor shall Engineer have authority over or responsibility for the contractors means, methods, or procedures of
construction. Engineer’s services do not include review or evaluation of the Client’s, contractor’s or subcontractor’s
safety measures, or j ob site safety.
For Client -observed projects, the Engineer shall be entitled to rely upon and accept representations of the Client’s
observer. If the Client desires more extensive project observation or full -time project representation, the Client shall
r equest such services be provided by the Engineer as an Additional Service. Engineer and Client shall then enter into
a Supplemental Agreement detailing the terms and conditions of the requested project observation.
ARTICLE 6 – OPINIONS OF PROBABLE COST
Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of
alternate solutions and utilitarian considerations of operations and maintenance costs provided for are made or to be
made on the basis of the Engineer’s experience and qualifications and represent the Engineer’s best judgment as an
experienced and qualified professional design firm. The parties acknowledge, however, that the Engineer does not
have control over the cost of labor, material , equipment or services furnished by others or over market conditions or
contractor’s methods of determining their prices, and any evaluation of any facility to be constructed or acquired, or
work of necessity must be speculative until completion of constr uction or acquisition. Accordingly, the Engineer
does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted
by the Engineer and assumes no responsibility for the accuracy of opinions of Probable C onstruction Costs. If Client
wishes greater assurance as to probable Construction Cost, Client shall employ an independent cost estimator as part
of its Project responsibilities.
ARTICLE 7 – REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE
All documents , including reports, drawings, calculations, specifications, CADD materials, computers software or
hardware or other work product prepared by Engineer pursuant to this Agreement are Engineer’s Instruments of
Service and Engineer retains all ownership inter ests in Instruments of Service, including copyrights. The Instruments
of Service are not intended or represented to be suitable for reuse by the Client or others on extensions of the Project
or on any other project. Copies of documents that may be relied upon by Client are limited to the printed copies
(also known as hard copies) that are signed or sealed by Engineer. Files in electronic format furnished to Client are
only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be
at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies
govern. Engineer makes no representations as to long term compatibility, usability or readability of electro nic files.
At the time of completion or termination of the work, the Engineer shall provide the Client the Instruments of
Service upon (i) payment of amounts due and owing for work performed and expenses incurred to the date and time
of termination, and (i i) fulfillment of the Client’s obligations under this Agreement. Any use or re -use of such
Instruments of Service by the Client or others without written consent, verification or adaptation by the Engineer
except for the specific purpose intended will be at the Client’s risk and full legal responsibility.
The Client will, to the fullest extent permitted by law, indemnify and hold the Engineer harmless from any claim,
liability or cost (including reasonable attorneys’ fees, and defense costs) arising or allegedly arising out of any
unauthorized reuse or modification of these Instruments of Service by the Client or any person or entity that acquires
or obtains the reports, plans and specifications from or through the Client without the written authorizatio n of the
Engineer. Under no circumstances shall transfer of Instruments of Service be deemed a sale by Engineer, and
Engineer makes no warranties, either expressed or implied, of merchantability and fitness for any particular purpose.
Engineer shall be e ntitled to compensation for any consent, verification or adaptation of the Instruments of Service
for extensions of the Project or any other project.
Exhibit A – General Contract Provisions Page 4 of 19 S:\Community Development \Engineering \Engineering RFP \Contract 2014 \PSA -Final -011314 (2) with attachments.doc
ARTICLE 8 – PAYMENTS
Payment to Engineer shall be on a lump sum or hourly basis as set out in the Agre ement. Engineer is entitled to
payment of amounts due plus reimbursable expenses. Client will pay the balance stated on the invoice unless Client
notifies Engineer in writing of any disputed items within 15 days from the date of invoice. In the event of any
dispute, Client will pay all undisputed amounts in the ordinary course, and the Parties will endeavor to resolve all
disputed items. All accounts unpaid after 30 days from the date of original invoice shall be subject to a service
charge of 5% per an num. Engineer shall be entitled to recover all reasonable costs and disbursements, including
reasonable attorneys fees, incurred in connection with collecting amounts owed by Client. In addition, Engineer
may, after giving seven days’ written notice to Cl ient, suspend services under this Agreement until it receives full
payment for all amounts then due for services, expenses and charges.
ARTICLE 9 – HAZARDOUS MATERIALS
Notwithstanding the Scope of Services to be provided pursuant to this Agreement, it is understood and agreed that
Engineer is not a user, handler, generator, operator, treater, storer, transporter or disposer of hazardous or toxic
substances, pollutants or contaminants as any of the foregoing items are defined by Federal, State and/or local law,
rules or regulations, now existing or hereafter amended, and which may be found or identified on any Project which
is undertaken by Engineer.
The Client agrees to hold harmless, indemnify and defend Engineer and its officers, subconsultant(s), employ ees and
agents from and against any and all claims, losses, damages, liability and costs, including but not limited to costs of
defense, arising out of or in any way connected with, the presence, discharge, release, or escape of hazardous or
toxic substanc es, pollutants or contaminants of any kind, except that this clause shall not apply to such liability as
may arise out of Engineer’s negligence in the performance of services under this Agreement.
ARTICLE 10 – INSURANCE
Engineer has procured general and p rofessional liability insurance. On request, Engineer will furnish client with a
certificate of insurance detailing the precise nature and type of insurance, along with applicable policy limits.
ARTICLE 11 – TERMINATION
This Agreement may be terminated by either party upon thirty days’ written notice without cause. In the event of
termination, copies of plans, reports, specifications, electronic drawing/data files (CADD), field data, notes, and
other documents whether written, printed or recorded on any medium whatsoever, finished or unfinished, prepared
by the Engineer pursuant to this Agreement and pertaining to the work or to the Project, (hereinafter “Instruments of
Service”), shall be made available to the Client pursuant to Article 7. All provisio ns of this Agreement allocating
responsibility or liability between the Client and Engineer shall survive the completion of the services hereunder
and/or the termination of this Agreement.
ARTICLE 12 – INDEMNIFICATION
The Engineer agrees, to the fullest e xtent permitted by law, to indemnify and hold the Client harmless from any
damage, liability or cost (including reasonable attorneys’ fees and costs of defense) to the extent caused by the
Engineer’s negligent or intentional acts, errors or omissions in th e performance of professional services under this
Agreement and those of his or her subconsultants or anyone for whom the Engineer is legally liable.
The Client agrees to the fullest extent permitted by law, to indemnify and hold the Engineer harmless fr om any
damage, liability or cost (including reasonable attorneys’ fees and costs of defense) to the extent caused by the
Client’s negligent or intentional acts, errors or omissions and those of his or her contractors, subcontractors or
consultants or anyon e for whom the Client is legally liable, and arising from the project that is the subject of this
Agreement.
ARTICLE 13 – ASSIGNMENT
Neither Party to this Agreement shall assign its interest in this agreement, any proceeds due under the Agreement nor
any claims that may arise from services or payments due under the Agreement without the written consent of the
other Party. Any assignment in violation of this provision shall be null and void.
ARTICLE 14 – CONTROLLING LAW
This Agreement is to be governed by the laws of the State of Minnesota.
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ARTICLE 15 – CONFLICT RESOLUTION
In an effort to resolve any conflicts that arise during the design or construction of the project or following the
completion of the project, the Client and Engineer agree that all disp utes between them arising out of or relating to
this Agreement shall be submitted to nonbinding mediation as a precondition to any formal legal proceedings.
ARTICLE 16 – CONFIDENTIALITY
The Engineer agrees to keep confidential and not to disclose to any person or entity, other than the Engineer’s
employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information
furnished to the Engineer and marked CONFIDENTIAL by the Client. These provisions shall not appl y to
information in whatever form that comes into the public domain, nor shall it restrict the Engineer from giving notices
required by law or complying with an order to provide information or data when such order is issued by a court,
administrative agenc y or other authority with proper jurisdiction, or if it is reasonably necessary for the Engineer to
complete services under the Agreement or defend itself from any suit or claim.
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WSB & ASSOCIATES, INC.
EXHIBIT B
CLIENT RESPONSIBILITIES
The Client’s respo nsibilities related to the services to be provided by Engineer are generally as
set out below. These responsibilities can be modified through Supplemental Agreements.
In order to permit the Engineer to perform the services required under this Agreement, the Client
shall, in proper time and sequence and where appropriate to the Project, at no expense to the
Engineer:
1. Provide available information as to its requirements for the Project, including copies
of any design and construction standards and comprehe nsive plans which the Client
desires Engineer to follow or incorporate into its work. This shall not include
normally applicable building codes and other regulations and standards that are
known, or should be known, by an engineer performing services consi stent with the
ordinary standard of care.
2. Guarantee access to and make all provisions for the Engineer to enter upon public and
private lands to enable the Engineer to perform its work under this Agreement.
3. Provide such legal, accounting and insurance co unseling services as may be required
for this Project.
4. Notify the Engineer whenever the Client observes or otherwise becomes aware of any
defect in the Project construction or design. The Client’s failure to provide such
notice shall not relieve Engineer of its obligations under this Agreement.
5. Designate a Client Representative with authority to transmit and receive instructions
and information, interpret and define the Client’s policies with respect to services
rendered by the Engineer, and authority to make decisions as required for Engineer to
complete services required under this Agreement.
6. Act promptly to approve all pay requests, Supplemental Agreements, or request for
information by Engineer as set out below.
7. Furnish data (and professional inter pretations thereof) prepared by or services
performed by others, including where applicable, but not limited to, previous reports,
core borings, sub -surface explorations, hydrographic and hydrogeologic surveys,
laboratory tests and inspection of samples, m aterials and equipment; appropriate
professional interpretations of the foregoing data; environmental assessment and
impact statements; property, boundary, easement, right -of -way, topographic and
utility surveys; property description; zoning, deed and othe r land use restrictions; and
other special data.
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8. Require all Utilities with facilities in the Client’s Right of Way to Locate and mark
said utilities upon request, Relocate and/or protect said utilities as determined
necessary to accommodate work of the Project, submit a schedule of the necessary
relocation/protection activities to the Client for review and comply with agreed upon
schedule.
9. Review all reports, sketches, drawings, specifications and other documents prepared
and presented by the Engineer, obtain advice of legal, accounting and insurance
counselors or others as Client deems necessary for such examinations and render in
writing decisions pertaining thereto.
10. Where appropriate, endeavor to identify, remove and/or encapsulate asbestos products
or materials or pollutants located in the project area prior to accomplishment by the
Engineer of any work on the Project.
11. Provide record drawings and specifications for all existing physical plants of facilities
which are pertinent to the Project.
12. Provi de the foregoing in a manner sufficiently timely so as not to delay the
performance by the Engineer of the services in accordance with the Contract
Documents.
13. Engineer shall be entitled to rely on the accuracy and completeness of information or
services f urnished by the Client or others employed by the Client. Engineer shall
endeavor to verify the information provided and shall promptly notify the Client if the
Engineer discovers that any information or services furnished by the Client is in error
or is i nadequate for its purpose.
14. Client shall bear all costs incidental to compliance with the requirements of this
article.
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GENERAL SCOPE OF SERVICES FOR IMPROVEMENT PROJECTS
C.1 GENERAL SCOPE OF SERVICES AS CITY ENGINEER
As Engineer for the City, the Engi neer shall perform the following duties:
C.1.1 General Services . Assists with the management of development escrow accounts.
Reviews, evaluates, and develops policies, ordinances and standards as necessary.
Identifies opportunities and assists with fu nding solutions for infrastructure
projects such as grant and loan programs.
C.1.2 State Aid System Updates. Perform all responsibilities related to maintain the
City’s Municipal State Aid Street system. Duties include but are not limited to
performing annual mileage certification, mapping updates, and completing all
Mn/DOT administrative requirements, and coordinating traffic counts.
C.1.3 Constituent Requests. Responds to constituent generated complaints/requests
including but not limited to infrastr ucture repair needs, traffic issues, and city
policy questions. Performs field inspections as necessary. Responds personally
and in writing. Coordinates corrective actions with Public Services Department.
C.1.4 Pavement Management. Administers and im plements City’s pavement
management system. Responsibilities include but are not limited to inspection
and rating of municipal streets (25% of mileage annually), updating of
management software data, and developing 5 year street improvement projections.
C.1.5 Interagency Communication. Attends meetings with adjacent cities, state
agencies, county, and watershed management organizations. Reviews policy
changes, technical reports and improvement proposals. Attends agency meetings
as necessary. Serves a s City representative for state, county, watershed or adjacent
jurisdiction improvement projects
C.1.6 GIS/GPS. Prepares and assembles record plan information and coordinates
mapping updates with City’s GIS consultant (SEH). Prepares GIS maps as
necessa ry. Develops data dictionaries for use with handheld Trimble GPS unit.
Performs data downloads and processing of data collected.
C.1.7 Infrastructure Maintenance Review. Responds to public service department
requests associated with repair and maintena nce of public infrastructure. Provides
recommendations for corrective measures.
C.1.8 NPDES/Surface Water Management. Assists with the preparation, administration
and implementation of the City’s Storm Water Pollution Prevention Plan
(SWPPP), including annual report preparation, public meetings, and
ordinance/policy development and annual inspections.
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C.1.9 Capital Improvement Programming (CIP). Assists with the development of the
City’s five year CIP. Identifies and recommends infrastructure improve ments for
incorporation into City plan. Prepares planning level cost estimates as needed.
C.1.10 City Meetings. Attends City meetings as follows:
Regular City Council: 24 meetings (twice monthly) @ approximately 2 hrs per
meeting
Council Work Session: 12 meetings (monthly) @ approximately 2 hrs per meeting
Planning & Zoning Board: 12 meetings (monthly) at approximately 2 hrs per
meeting.
Engineer may also attend special meetings of the council and or other advisory
boards such as Environmental Board and Park Board.
Attends weekly department meetings and preliminary meetings regarding
development projects.
C.1.11 Building Permit Reviews. Reviews residential building permit surveys for
consistency with approved grading and drainage plans. Reviews re sidential as -
built surveys prior to final inspection. (Note: Commercial, Industrial and
Institutional review and inspection is covered under separate development specific
escrow agreement.)
C.1.12 Utilities. Responsible for determining annual fee adjust ments to trunk utility fees
based on ENR cost index. Responds to inquiries regarding connection to
municipal services. Administers assessment determination process for connection
to existing city utilities. Provides general preliminary estimates for min or
extensions of infrastructure to service individual locations. Updates pending
assessments and assists finance department with management of assessment roles.
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C.2 EXTRA SERVICES AS CITY ENGINEER
If authorized by the City, the Engineer shall fur nish additional services of the following
type:
C.2.1 Flood Plain Management . Responds to constituent’s information requests related
to flood plain location. Includes preparation of elevation certificates (if required),
research and review of grading pl ans and site inspections.
C.2.2 Building Permit Reviews. Performs foundation elevation survey to insure low
floor elevations are consistent with approved plans.
C.3 PRELIMINARY REPORT/STUDY PHASE
Subject to further clarification and refinement on a pro ject -by -project basis, the Engineer
shall in proper time and sequence:
C.3.1 Consult with the City representative to determine the requirements of the project,
review available data, attend necessary conferences, and be available for general
consultation .
C.3.2 Advise the City as to the necessity of the City’s providing or obtaining from
others data or services and assist the City in obtaining such data and services.
C.3.3 Identify and analyze requirements of governmental authorities having jurisdicti on
to approve the design of the project and participate in consultations with such
authorities.
C.3.4 Make such preliminary studies, layouts, or field surveys to verify and supplement
existing elevation and topographic information and preliminary cost es timates to
clearly identify potential construction or financing problems.
C.3.5 Assist the City in obtaining all required subsurface investigations as required for
the preparation of the feasibility report.
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C.3.6 Prepare a feasibility report on the pr eliminary engineering study of the project in
sufficient detail to indicate the problems involved. The report shall include the
desired phased program, if required, and the appropriate alternate solutions. The
report will also include schematic layouts, sketches, conceptual design criteria
with appropriate exhibits to indicate the considerations involved (including
applicable requirements of governmental authorities having jurisdiction over the
project), preliminary estimate of project cost, typical examp les of proposed
assessments preliminary identification of right -of -way and easement requirements,
and the Engineer’s conclusions and recommendations.
C.3.7 Providing services for preparation of preliminary and final assessment rolls.
C.3.8 Furnish copi es of the feasibility report documents and review the feasibility report
with City staff.
C.3.9 If required, the Engineer shall present the feasibility report to the proper reviewing
agencies and to the City Council. The Engineer shall attend the public hearing for
the project.
C.4 FINAL DESIGN PHASE
Subject to further clarification and refinement on a project -by -project basis, the Engineer
shall, in proper time and sequence:
C.4.1 On the basis of the accepted preliminary design documents and the curr ent
opinion of probable cost, prepare contract documents consisting of final drawings
and specifications to show and describe the scope, extent, and character of the
work to be furnished and performed by Contractor(s) including Advertisement for
Bids, Inst ructions to Bidders, Bid Form, Form of Agreement, Performance and
Payment Bond Form, General Conditions, Special Conditions, and Technical
Specifications.
C.4.2 Provide technical criteria, written descriptions and design data for use in filing
applicatio ns for routine permits or obtaining approvals of such governmental
authorities as have jurisdiction to approve the design of the project, and assist the
City in consultations with appropriate authorities. The Engineer shall prepare and
submit all permit a pplications to the appropriate agencies. The City shall be
responsible for all permit fees.
C.4.3 Advise the City of any adjustments to the latest opinion of probable cost caused
by changes in extent or design requirements of the project and furnish a c urrent
opinion of probable cost based on the drawings and specifications.
C.4.4 Prepare for review and approval by the City, its legal counsel and other advisors
contract agreement forms, general conditions, supplementary conditions, bid
forms, advertise ment for bid and instructions to bidders, and assist in the
preparation of other related documents.
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C.4.5 Attend necessary conferences and be available for general consultation.
C.4.6 Furnish three (3) copies of the above documents and of the drawings and
specifications and present and review them in person with the City, along with
completing a plans -in -hand site inspection. Make minor revisions and
adjustments as required following review by the City.
C.5 BIDDING PHASE
Subject to further clarificat ion and refinement on a project -by -project basis, the Engineer
shall in proper time and sequence:
C.5.1 Furnish plans and specifications for agency review and furnish copies to the City
for bidding and construction purposes as a part of this Contract.
C.5.2 Issue addenda as appropriate to interpret, clarify, or expand the bidding
documents.
C.5.3 Assist the City in obtaining and evaluating bids and awarding contracts for the
construction of the project.
C.5.4 Consult with and advise the City as to the acceptability of subcontractors,
suppliers, and other persons and organizations proposed by the prime contractor(s)
(herein called “Contractor(s)”) for the portions of the work as to which such
acceptability is required by the bidding documents.
C.5 .5 Consult with and advise the City concerning and determining the acceptability of
substitute materials and equipment proposed by Contractor(s) when substitution
prior to the award of contracts is allowed by the bidding documents.
C.5.6 Attend bid openi ng and prepare bid tabulation sheets.
C.6 CONSTRUCTION PHASE
Subject to further clarification and refinement on a project -by -project basis, the Engineer
shall:
C.6.1 Consult with and advise the City and act as the City’s representative as provided
in t he contract documents, which may not be modified to affect Engineer’s
responsibilities except by written agreement signed by the City and the Engineer.
C.6.2 Conduct pre -construction conference to be attended by the Contractor, City, and
others as may be requested by the City.
C.6.3 Make visits to the site at intervals appropriate to the various stages of construction
to observe as an experienced and qualified design professional the progress and
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quality of the executed work of the Contractor(s), and to determine if such work is
proceeding in accordance with the contract documents. During such visits and on
the basis of the on -site observations, the Engineer will keep the City informed of
the progress of the work and will endeavor to identify for the Ci ty defects and
deficiencies in the work of the Contractor(s). This agreement does not require the
Engineer to evaluate contractor’s safety methods. It is agreed that safety matters
are Contractor’s responsibility and that the Engineer shall be responsibl e only for
the acts or omissions of its own employees. The Engineer may disapprove work
as failing to conform to the contract documents. The Engineer shall not have
control or charge of and shall not be responsible for construction means, methods,
techni ques, sequences or procedures, or for safety precautions and programs in
connection with the work. The Engineer shall be obligated, however, to disclose
known dangerous circumstances to the City.
C.6.4 Review samples, schedules, shop drawings, the resul t of tests and inspections, and
other data which the Contractor is required to submit, but only for the
conformance with the design concept of the project and compliance with the
information given in the contract documents, (but such review shall not exten d to
means, methods, sequences, techniques, or procedures of construction or to safety
precautions and programs incidental thereto). The Engineer shall receive and
review (for general content as required by the specification), maintenance and
operating in structions, schedules, guarantees, bonds, and certificates of inspection
which are to be assembled by the Contractor in accordance with the contract
documents.
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C.6.5 Issue all instructions of the City to Contractor; issue necessary interpretations and
c larifications of the contract documents and in connection therewith prepare
change orders as required for the City’s approval and have authority, as the City’s
representative, to require special inspection or testing of the work.
C.6.6 Review the Contrac tor’s application for payment, determine the amount owing the
Contractor and make recommendations to the City regarding the payment thereof.
The Engineer’s recommendations are based on on -site observations as an
experienced and qualified design profession al. The recommendations by the
Engineer constitute a representation to the City that to the best of their knowledge,
information and belief, the work has progressed to the point indicated on said
application and the quality of work is in accordance with t he contract documents,
subject to the results of any subsequent test called for by the contract documents
and any qualifications stated in his recommendations.
C.6.7 Conduct, in the presence of the designated representative, a site visit to determine
if the project is substantially complete and conduct a final site visit to determine if
the work has been completed in accordance with the contract documents. Such
site visits may include representatives from the City and/or other involved
governmental agenc ies. If the Contractor has fulfilled all of his obligations, the
Engineer shall give written notice to the City and the Contractor that the work is
acceptable for final payment.
C.6.8 The Engineer shall not have control or charge of and shall not be res ponsible for
construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the work. The Engineer shall be
obligated, however, to disclose known dangerous circumstances to the City.
C.6.9 The Engineer shall furnish the City with a list detailing final quantities and costs
in a letter stating to the best knowledge of the Engineer that the work is in
compliance with the plans, specifications and change orders.
C.7 SCOPE OF SERVICES FOR DEDICATIO N PROJECTS
Subject to further clarification and refinement on a project -by -project basis, the Engineer
shall:
C.7.1 Following written notice from the City Council, review the platting, concept,
design, plans and specifications for each Dedication Projec t to determine that they
comply with those written City Standards that have been approved by the City
Council for such projects. Require the developer or his Engineer to submit the
plans to appropriate utility companies and other concerned agencies for th eir
review, concurrence and issuance of permits as required. Upon completion of the
review, submit a written report to the City Council to assist the Engineer and the
City Council in approving or disapproving the proposed Dedication Project.
C.7.2 Submi t a written progress report to the City Council for each Dedication Project
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under construction. The report should include budget, schedule and progress
information.
C.7.3 Submit a written report to assist the City Council in determining that the project
has been satisfactorily completed. The Engineer shall acquire from the developer
or the developer’s engineer five (5) sets of plans of the work that have been
revised to show “as constructed” conditions, said plans to be submitted to the City
within 90 da ys following completion of the project.
C.8 SCOPE OF ADDITIONAL SERVICES AS THE ENGINEER
If authorized in writing by the City, the Engineer shall furnish additional services of the
following type:
C.8.1 Providing services of professional subconsultants as required for a particular
project.
C.8.2 Providing the type of surveying or related engineering services necessary for
preparation of permanent and/or temporary easements, boundary surveys, or plat
documents.
C.8.3 Review of developer’s plats and c oncept plans. Provide assistance to the
developer in preparing a plat for improvement projects.
C.8.4 Additional services in connection with the project not otherwise provided for in
this Agreement.
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WSB & ASSOCIATES, INC.
EXHIBIT D
COMPENSATION
D .1 The City shall pay the Engineer for Basic Services rendered on the basis of a negotiated
lump sum fee, on an hourly basis, or as a percentage of the construction cost, as mutually
agreed to and deemed fair and reasonable for the particular work to be pe rformed. The
method of payment will be determined at the start of the project.
Engineer’s current fee schedule with hourly rates is attached to this contract as Exhibit F.
The rate schedule is for 2014, and will remain in effect for services rendered th rough
December 31, 2014.
The fee schedule will be evaluated on an annual basis by the Engineer and adjusted to
account for inflation and other factors. The Engineer will submit a revised fee schedule
prior to December 31 on an annual basis.
The follow ing represents the compensation terms:
D.1.1 City Council, Planning Commission, Environmental Board and Park Board
Meetings
Attendance at City Council, Planning Commission, Environmental Board and
Park Board meetings is part of the general scope of se rvices and will not be
considered part of the 24 -hour work week.
D.1.2 General City Engineering Duties
Engineer will be compensated for City Engineering services based on a fixed
monthly retainer payable in the month following the month in which servi ces are
rendered. The contract will incorporate a 24 -hour work week. The Engineer will
charge the City $79,722 for January 1, 2014, to December 31, 2014.
These services are specifically described in Section C.1 and generally include
administrative and s taff duties as acting City Engineer for the City and will
generally be performed by Jason Wedel or another mutually agreeable employee
of Engineer (the “Acting City Engineer”) and Diane Hankey or another mutually
agreeable employee of Engineer (the “A cting Assistant City Engineer”).
The Engineer will be based at City Hall, and provide the City with a minimum of
16 hours per week. The Assistant City Engineer will be based at City Hall, and
provide the City with a minimum of 8 hours per week.
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Wheneve r the Acting City Engineer is performing services not included in the
Acting City Engineer duties, his rate shall be at his WSB rate which is currently
$133.00 per hour. Work requested by the City and performed by other employees
of Engineer that does not fall within the scope of services described on Exhibit
C.1 will be compensated on a hourly basis on the fee schedule attached hereto as
Exhibit F, or will be made the subject of a separate contract for services.
D.1.3 Projects
Compensation for specif ic studies or the design and construction of City
improvements will be determined on a project -by -project basis. The proposed
compensation will be detailed within a written letter proposal submitted by the
Engineer to the City prior to beginning work. If the scope of the project changes
after it is authorized, the Engineer will discuss it with the City and determine an
appropriate fee modification. Typically, project fees are billed either as lump
sum, hourly not -to -exceed, or a percentage of the constru ction cost.
D.1.4 Development/Application Review
Services related to development review or review of other applications, will be
completed by the Engineer on an hourly basis as needed. For items such as traffic
studies, environmental reviews, and oth er more -defined items related to
development review, the Engineer will establish a scope and fees for ease of
tracking against escrow account balances.
D.1.5 Independent Consultants
The cost of services performed by independent consultants or agencies for
environmental evaluation, soil testing, laboratory services, or other services will
be billed to the City at the Engineer’s cost with no markup.
D.1.6 Payment for Revisions or Other Work
If the City directs that revisions be made to the plans and specifications following
approval of the plans and specifications by the City or if the City Council directs
Engineer to perform other work, the Engineer shall be compensated for the cost of
such revisions at the hourly fee. The Engineer shall be given a dditional
compensation when additions consist of enlargement or extension of the project.
Additional compensation will be on the same basis as agreed to for the original
plans and specifications.
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D.1.7 Receipt of Payment
In order to receive payment for services, the Engineer shall submit monthly
invoices describing in detail the services performed in accordance with this
contract. Separate statements shall be submitted for each project or a detailed
breakdown shall be furnished showing the distribu tion of charges to each project.
The City shall pay Engineer upon receipt of each monthly invoice. For hourly and
percentage of construction cost contracts, the personnel who worked on the
project shall be included. Construction services shall include d aily reports
detailing the time for each day that the individual was working on the project. All
invoices will include the City representative who authorized the work.
D.1.8 Expenses
Engineer shall be reimbursed for reasonable expenses related to the scope of
services of this contract and/or individual projects. The Engineer shall be
reimbursed for the actual cost of the expenses, without markup. Typical expenses
include, but are not limited to, the following:
Permit fees
Plan and specification rep roduction fees
Costs related to the development of project photos
The following shall not be considered reimbursable expenses:
Mileage
Mobile phone usage
Computer equipment time
Preparation and reproduction of common correspondence
Mailing
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WSB & ASSO CIATES, INC.
EXHIBIT E
INSURANCE SCHEDULE
GENERAL LIABILITY
Carrier: The Travelers Indemnity Company
Type of Insurance: Commercial General Liability
Coverage: General Aggregate $2,000,000
Products -Comp/Ops Aggregate $2,000,000
Personal & Advertising Injury $1,000,000
Each Occurrence $1,000,000
AUTOMOBILE LIABILITY
Carrier: The Travelers Indemnity Company
Type of Insurance: Hired Autos
Non -Owned Autos
Coverage: Combined Single Limit $1,000,000
WORKER’S COMPENSATION AND EMPLOYERS’ LIABILITY
Carrie r: Travelers
Coverage Statutory
Each Accident $ 1,000,000
Disease -Policy Limit $ 1,000,000
Disease -Each Employee $ 1,000,000
PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS)
Carrier: XL Specialty Insurance Company
Coverage: $5,000,000 each claim/$10,000,00 0 annual aggregate
Certificates of Insurance will be provided upon request.
2 2 0 0 1 1 4 4 R R a a t t e e S S c c h h e e d d u u l l e e –– E E x x h h i i b b i i t t F F 20
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Engineering Planning Environmental Construction
wsbeng.com
Billing Rate/Hour
Principal $147
Associate $13 8
Senior Project Manager $1 28 $13 8 $1 4 7
Project Manager $1 1 3 $11 9 $12 8
Project Engineer $9 6 $10 4 $1 1 3 $11 9 $12 8
Graduate Engineer $7 6 $8 2 $8 7 $9 2
Sr Landscape Architect / Sr Planner / Sr GIS Speciali st $10 4 $1 12 $11 8 $1 2 7 $1 3 6
Landscape Architect / Planner / GIS Specialist $6 3 $70 $7 8 $8 3 $93 $9 8
Engineering Specialist / Senior Environmental Scientist $8 6 $9 3 $98 $10 4 $1 1 3 $1 22
Engineering Technician / Environmental Scientist $50 $5 7 $6 4 $71 $7 7 $8 2
Construction Observer $8 5 $90 $9 5 $100 $10 6
Coring Crew
One -Person Crew $1 5 5
Two -Person Crew $2 3 0
Survey Crew
One -Person Crew $1 25
Two -Person Crew $1 55
Three -Person Crew $1 7 5
Underwater Inspection Dive Team $4 5 0
Office Technician $40 $62 $72 $81
Costs associated with word processing , cell phones, reproduction of common correspondence and
mailing are included in the above hourly rates. Vehicle mileage is normally included in our billing rates,
but can be charged separately if specific ally outlined by contract.
Reimbursable expenses include costs associated with plan, specification and report reproduction,
permit fee, delivery cost, etc.
Rate Schedule is adjusted annually.
Each staff person is assigned one billing rate that is commensur ate with their experience and expertise.
M ultiple rates illustrate the varying levels of experience within each category.