HomeMy WebLinkAbout10/05/2009 Council Packet (2)Monday, October 5, 2009
5:30 p.m.
City Council: Mayor Bergeson, Council Members O'Donnell, Reinert, Stoltz & Gallup
Acting Administrator Dan Tesch
➢ Call to Order and Roll Call
5:30 p.m. — Present were Mayor Bergeson, Council Members Reinert, Gallup,
O'Donnell and Stoltz
➢ Setting of Agenda
The agenda was accepted as presented
A) I -35E /CSAH 14 (Main Street) Interchange
Consideration of Resolution No. 09 -72, , Ordering
Improvement, I -35E /CSAH 14 (Main Street)
Interchange Improvements, Michael Grochala
Action Taken: Motion by Gallup, seconded by Stoltz, to
approve Resolution No. 09 -72 as presented, was adopted
ii. Consideration of Resolution No. 09 -73, Authorizing
Execution of Joint Powers Agreement with Anoka
County, I -35E /CSAH 14 (Main Street) Interchange
Improvements, Michael Grochala
Action Taken: Motion by Stoltz, seconded by O'Donnell, to
approve Resolution No. 09 -73 as presented, was adopted
iii. Consideration of Resolution No. 09 -81, Dedicating city -owned
property for project purposes I -35E /CSAH 14 (Main Street)
Interchange Improvements, Michael Grochala
Action Taken: Motion by O'Donnell, seconded by Gallup, to
approve Resolution No. 09 -81 as presented, was adopted
Council Agenda
-2-
9/14/2009
A)
Consider Second Reading and passage of Ordinance No. 06 -09,
Amending the City Charter to require that council meetings
be televised
Action Taken: Motion by Reinert, seconded by Stoltz, to
approve second reading and passage of Ordinance No. 06 -09 as
presented, lost; Yeas, 1 (Reinert); Nays, 4
The topic of televising city meetings was placed on the work session
agenda and was further discussed at that meeting
Regularly scheduled City Council Work Session followed adjournment of special council
meeting.
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DRAFT FOR REVIEW - 10/02/2009
• AGENDA ITEM IA (i)
•
•
STAFF ORIGINATOR:
CITY COUNCIL
MEETING DATE:
TOPIC:
ACTION REQUIRED:
BACKGROUND
Michael Grochala
October 5, 2009
Consideration of Resolution No. 09 -72
Ordering Improvements - I35E /CSAH 14
Interchange
4/5 Vote
The City Council authorized preparation of a Feasibility Study for the I -35E /CSAH 14
Interchange Improvements on April 27, 2009. The study was completed by SRF
Consulting Group, the City's consulting engineer, and presented to the City Council on
July 6, 2009. Following the required mailed and published notice the City Council held
a public hearing on July 27, 2009 in accordance with state law and charter
requirements.
The City Charter requires that 60 days elapse after the public hearing before any further
action can be taken by the council on the proposed improvement. During this 60 day
period property owners proposed to be assessed for the improvement may file a petition
against such improvement. The 60 day period terminated on Friday, September 25,
2009. No petition was received.
Accordingly the next step in the process is to "order the improvement ". Typically, this
would coincide with authorizing the preparation of plans and specifications. However,
since Anoka County is the lead agency on the project no additional steps are necessary
to prepare the project for bid.
Approximately $5.5 million was proposed to be assessed to benefiting property owners.
The final amount to be assessed will be determined following award of the contract and
determination of final costs. Staff is anticipating that the assessment process will be
completed in fall of 2010. The process will be as follows:
1. Council declares cost to be assessed and Orders Preparation of Proposed
Assessment.
2. Council calls for Hearing on Proposed Assessment
3. Council holds Hearing on Proposed Assessments and Adopts Assessment Role
RECOMMENDATION
Staff is recommending approval of Resolution No. 09 -72 ordering the improvement.
ATTACHMENTS
1. Resolution No. 09 -72
2
•
•
•
. Council Member
moved its adoption: introduced the following resolution and
•
•
CITY OF LINO LAKES
RESOLUTION NO. 09 -72
RESOLUTION ORDERING IMPROVEMENT
I -35E /CSAH 14 INTERCHANGE
WHEREAS, a resolution of the City Council adopted the 6th day of July, 2009, fixed a
date for a Council hearing on the I -35E /CSAH 14 (Main Street) interchange
improvements including the reconstruction of the interchange between 21st Avenue and
Otter Lake Road by bridge replacement and widening, roadway replacement and
widening, reconstruction of existing freeway ramps and construction of new ramps,
installation of traffic control signals, improvement to local road connections and
construction of pedestrian /bicycle facilities; and
WHEREAS, two weeks' mailed notice and two weeks' published notice of the hearing
was given, and the hearing was held thereon on the 27th day of July, 2009, at which all
persons desiring to be heard were given an opportunity to be heard thereon; and
WHEREAS, in accordance with the City Charter, 60 days have elapsed from the date of
such hearing and no petition against such improvement has been filed with the Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. Such improvement is necessary, cost - effective and feasible as detailed in the
feasibility report.
2. Such improvement is hereby ordered as proposed in the council resolution adopted
the 6th day of July, 2009.
John J. Bergeson, Mayor
ATTEST:
Julianne Bartell, City Clerk
Adopted by the Lino Lakes City Council this 5th day of October, 2009.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member and upon vote being taken thereon, the following voted
in favor thereof:
The following voted against same:
Whereupon said resolution was declared duly passed and adopted.
4
•
•
•
K
• AGENDA ITEM 1A (ii)
•
•
STAFF ORIGINATOR:
CITY COUNCIL
MEETING DATE:
TOPIC:
ACTION REQUIRED:
BACKGROUND
Michael Grochala
October 5, 2009
Consideration of Resolution No. 09 -73
Approving Joint Powers Agreement with Anoka
County for Construction- I -35E /CSAH 14 (Main
Street) Interchange
Simple Majority
Anoka County is preparing to move forward with construction of the 35E /CSAH 14
interchange pending approval of a Joint Powers Agreement (JPA) with by the City of
Lino Lakes. The purpose of the JPA is to stipulate the county and city responsibilities
for construction and more importantly the cost sharing structure for the project.
With the execution of the agreement all the agency funding will be in place for the
project. The total estimated project cost, including engineering and land acquisition is
$22,025,000. Funding for the project is as follows:
City of Lino Lakes
Anoka County
State of Minnesota
Federal Government
Total
$ 4,241,833
$ 3,017,334
$ 1,220,833
$13,545,000
$22.025.000
As noted in the agreement the city share of construction and land acquisition, after
application of federal and state funds, will be 60% and the county 40 %. Any cost over
runs or under runs will be based on this same percentage. Additionally, any additional
funding received would be applied consistent with this formula.
The agreement does include additional opportunities for the city to earn credits based
toward our share. City and county staff have explored options including county road
turnbacks and land in lieu of cash for a future salt storage /truck garage. The credit
option provides the city with a "contingency" to address potential overruns, assessment
adjustments if necessary or as an interim financing source.
The city's share of the project funding will be paid by special assessments to benefitting
property owners. However, nearly 80% of the proposed assessment amount is
expected to by deferred because the land falls into one of the following categories: 1)
green acres; 2) senior citizen; or 3) unplatted /undeveloped land.
This severely limits the revenue stream necessary to fund any debt issued for the
project. As a result staff has worked with Anoka County to develop a payment schedule
to accommodate the city's situation.
Upon issuance of the county bonds the city will issue to the county a general obligation
improvement note. Under the proposed payment schedule the city will make interest
only payments over the first five years. Principal and interest payments will be made
over the following 10 years. A service charge representing approximately 75 basis
points will be applied to the bond rate to cover the county's financing costs. The service
charge is weighted toward the end of the payment period. The agreement allows for the
city to reduce the service charge by prepaying the debt anytime. The city also agrees to
apply prepayments of any deferred assessments directly to paying down the obligation.
The above referenced terms are more fully described in Section III.F.5 of the attached
Joint Powers Agreement.
As previously noted the majority of assessments will be deferred. However,
approximately 20% will be available, following certification, for debt service purposes.
The city's municipal state aid street funds will be used as an interim funding source to
cover the remaining balance until such time as the deferred assessments are received.
Based on the analysis by Springsted Inc., additional revenues will be required in years
2020 through 2024 to fund debt service obligations. The amount is estimated at a total
of $810,000 over the four years. These revenues may come in the form of deferred
assessments being paid. Additionally, the city also has alternatives available through
the JPA to help reduce this potential short fall.
Representatives from Sprinsted Inc. will be present at the meeting to review the
financing plan and address council questions.
RECOMMENDATION
Staff is recommending approval of the JPA with Anoka County.
ATTACHMENTS
1. Resolution No. 09 -73
2. Joint Powers Agreement
2
• Council Member introduced the following resolution and moved its adoption:
•
•
CITY OF LINO LAKES
RESOLUTION NO. 09 -73
RESOLUTION APPROVING JOINT POWERS AGREEMENT
WITH COUNTY OF ANOKA
I -35E/ CSAH 14 (MAIN STREET) INTERCHANGE RECONSTRUCTION
WHEREAS, the City of Lino Lakes, and the County of Anoka agree it is in the best
interest of the traveling public to reconstruct the Interchange of I -35E and County State
Aid Highway 14 (Main Street) including the bridge over 1 -35E, hereinafter referred to as
the "Project "; and
WHEREAS, the City and County consider it mutually desirable to proceed with the
preliminary engineering & environmental documentation, final design, land acquisition,
construction, and construction engineering & administration for the reconstruction of the
Project; and
WHEREAS, the City and County agree that the cost of land acquisition and the non -
state, non - federal share of the construction of the Project be shared; and
WHEREAS, the County and City both agree to pursue additional funding sources to
minimize the burden to both the City and County; and
WHEREAS, the parties agree that it is in their best interest that the cost of the final
design study be shared; and
WHEREAS, Minnesota Statutes section 471.59 authorizes political subdivisions to enter
into joint powers agreements.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. The City Council hereby approves the Joint Powers Agreement with the County
of Anoka for the Reconstruction of the Interchange of I -35E and County State Aid
Highway 14 (Main Street) and authorizes the Mayor and City Clerk to execute
said agreement on behalf of the City.
John J. Bergeson, Mayor
Julianne Bartell, City Clerk
Adopted by the Lino Lakes City Council this 5h day of October, 2009.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member and upon vote being taken thereon, the following voted in favor
thereof:
The following voted against same:
Whereupon said resolution was declared duly passed and adopted.
4
•
•
•
Anoka County Contract No.
JOINT POWERS AGREEMENT
FOR THE RECONSTRUCTION OF
COUNTY STATE AID HIGHWAY 14 (MAIN STREET) AND I -35E INTERCHANGE
COUNTY PROJECT NO. S.P. 02- 614 -28
THIS AGREEMENT is made and entered into this day of
2009, by and between the County of Anoka, a political subdivision of the State of Minnesota,
2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as "County ", and the
City of Lino Lakes, 600 Town Center Parkway, Lino Lakes, Minnesota 55014, hereinafter
referred to as the "City ".
WITNESSETH
WHEREAS, the parties to this agreement agree it is in the best interest of the traveling
public to reconstruct the Interchange of I -35E and County State Aid Highway 14 (Main Street)
including the bridge over I -35E, hereinafter referred to as the "Project "; and,
WHEREAS, the parties to this agreement consider it mutually desirable to proceed with
the preliminary engineering & environmental documentation, final design, land acquisition,
construction, and construction engineering & administration for the reconstruction of the Project;
and,
WHEREAS, Anoka County has jurisdiction over County State Aid Highway 14 (Main
Street); and,
WHEREAS, the Minnesota Department of Transportation ( MnDOT) has
jurisdiction over I -35E; and,
WHEREAS, the parties and MnDOT have entered into a separate agreement for the
preliminary engineering and environmental documentation (MnDOT Agreement No. 89335);
and,
WHEREAS, the County has obtained Federal Funds for the preliminary engineering and
environmental documentation (MnDOT Agreement No. 88479); and,
WHEREAS, the County has obtained Federal Funds for the final design ( MnDOT
Agreement No. 92714); and,
WHEREAS, the County has obtained State resources for the construction engineering &
administration ( MnDOT Agreement No. 94579); and,
DRAFT JPA 10 -02 -09
WHEREAS, the parties and MnDOT have entered into a separate agreement for the
maintenance of traffic control signal system for the Project (MnDOT Agreement No. 94607M);
and,
WHEREAS, the parties agree that it is in their best interest that the cost of said land
acquisition required for the Project be shared; and,
WHEREAS, the parties agree that it is in their best interest that the cost of the non - state,
non - federal share of the construction of the Project be shared; and,
WHEREAS, the County and the City both agree to pursue additional funding sources to
minimize the burden to both the County and the City; and,
WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter
into joint powers agreements for the joint exercise of powers common to each.
NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED:
I. PURPOSE
The parties have joined together for the purpose of the reconstruction of the interchange
of I -35E and County State Aid Highway 14 (Main Street) including the bridge over I -35E. The
County project number for the reconstruction is S.P. 02- 614 -28. Said engineering plans will be
filed in the office of the Anoka County Highway Department and incorporated herein by
reference.
II. METHOD
The parties and MnDOT have provided for the preliminary engineering & environmental
documentation for the Project via MnDOT Agreement No. 89335; and,
The County shall provide all professional services for the final design required for the
Project in conformance with federal and state aid standards; and,
The County shall provide all professional services for the land acquisition required for
the Project in conformance with the Uniform Relocation Assistance and Real Property Policies
Act; and,
The County shall cause the construction of the Project in conformance with said plans
and specifications. The County shall do the calling for all bids and the acceptance of all bid
proposals; and,
The County shall provide all construction engineering & administration services required
for the Project.
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III. COSTS
A. The contract cost of the work, or if the work is not contracted, the cost of all labor,
materials, reimbursable utility relocations, normal engineering costs and equipment rental
required to complete the work shall constitute the actual "construction costs" and shall be
so referred to herein. "Estimated costs" are good faith projections of costs which will be
incurred for the Project. Actual costs may vary from the estimated costs and actual costs
are what the parties are responsible for.
B. Participation in the cost of the final design for the Project is as follows:
1. The estimated final design costs for the Project are $912,500 as shown in the
attached Exhibit A.
2. The Project has been awarded an appropriation of federal funds for final design.
i. Federal HPP funds capped at $730,000.
3. The County shall pay One Hundred percent (100 %) of the remaining final design
cost after federal funds have been applied. The cost to the County is $182,500.
C. Participation in the cost of land acquisition for the Project is as follows:
1. The estimated land acquisition costs for the Project are $5,600,000 as shown in
the attached Exhibit A.
2. The County shall pay for forty percent (40 %) of the cost of the land acquisition.
The cost to the County is $2,240,000.
3. The City shall pay for sixty percent (60 %) of the cost of the land acquisition. The
cost to the City is $3,360,000.
D. Participation in the cost of construction for the Project is as follows:
1. The estimated construction costs for the Project are $14,000,000 as shown in the
attached Exhibit A.
2. The Project has been awarded two amounts of federal funds for construction.
i. Federal STP funds capped at $5,775,000 (20% local match required).
ii. Federal ARRA funds capped at $6,825,000.
3. The County agrees to contribute forty percent (40 %) to the remaining
construction cost after federal and state funds have been applied. The estimated
local cost (total cost less federal and state funds) of the construction is $1,435,000
as shown in Exhibit A. The cost to the County is $574,000.
4. The City agrees to contribute sixty percent (60 %) to the remaining construction
cost after federal and state funds have been applied. The estimated local cost
(total cost less federal and state funds) of the construction is $1,435,000 as shown
in Exhibit A. The cost to the City is $861,000.
E. Participation in the cost of the construction administration & administration required for
the Project is as follows:
1. The estimated construction administration & administration costs for the Project
are $1,200,000 as shown in the attached Exhibit A.
2. The County has entered into an agreement with MnDOT for in -kind construction
engineering & administration services to be provided by MnDOT.
3. The County shall pay One Hundred percent (100 %) of the remaining construction
engineering & administration costs if they occur. The cost to the County is $0.
F. The Payment from the City to the County shall be as follows:
1. The total estimated cost of the City's share of the Project is $4,241,833.
2. The City has previously paid for the preliminary engineering & environmental
documentation for the Project via MnDOT Agreement No. 89335 in the amount
of $20,833.
3. The remaining costs for the City's share of the Project are estimated at
$4,221,000.
4. The County will initially bear the City's remaining share of the costs associated
with the Project.
5. The City's remaining share of its costs, plus interest and service charges accrued
by the County to carry the City's debt, will be due and payable as follows. Upon
issuance by the County of bonds to finance a portion of the Project (the "County
Bonds ") the City will issue and deliver to the County a General Obligation
Improvement Note (the "City Note ") substantially in accordance with the terms
described in this Section.
a) Amount. The City Note will be issued in the original principal that
compensates the County for the City's remaining share of Project
costs ($4,221,000), along with the City's allocated share of costs of
issuance of the County Bonds (including underwriter's discount).
The parties currently expect that the principal amount of the City
Note will be approximately $4,370,000, but the actual principal
amount will be determined at the time of sale of the County Bonds.
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b) Security. The City Note will be issued under Minnesota Statutes,
Chapter 429 and the City Charter, and will be secured primarily by
special assessments levied against property in the city benefited by
the Project, and will be further secured by the City's full faith and
credit.
c) Payment Schedule. The payment schedule for the City Note will be
substantially as shown in Exhibit B hereto, subject to adjustment
based on the actual terms of the County Bonds.
d) The City Note will include the following additional terms:
Optional Redemption. The City may pre -pay the City Note in
whole or in part on any date. Prepayments will be applied in
reverse order of maturities on the City Note. The prepayment
amount will be the outstanding principal amount (or relevant
portion thereof) of the City's allocable share of the County Bonds.
For any maturity or portion thereof that is prepaid under this
Section, the parties agree and understand that the "County fee"
shown in column [4] of Exhibit B (or allocable portion thereof, if
only part of maturity is prepaid) is not paid, and the prepayment
amount is only the sum described above.
ii. Mandatory Redemption. The parties agree and understand that a
substantial portion of the assessments levied against benefited
property are expected to be deferred under various provisions of
Minnesota law (referred to as "Deferred Assessment "). If the City
receives pre - payments of any such Deferred Assessments, the City
shall apply such prepayments toward redemption of the City Note,
in accordance with the terms described in clause (i) above.
6. As a credit to the City's share of the cost of the Project, and as executed under
separate agreements, the following items may be used to reduce the City's share
or to apply for the City's repayment schedule:
a) A $300,000 credit for the tumback of County Road 153 (Lilac Drive)
from the County to the City;
b) The appraised value of land provided by the City to the County as
accepted by the County for its purposes.
IV. TERM
This Agreement shall continue until terminated as provided hereinafter.
V. DISBURSEMENT OF FUNDS
All funds disbursed by the County or City pursuant to this Agreement shall be disbursed
by each entity pursuant to the method provided by law.
VI. CONTRACTS AND PURCHASES
All contracts let and purchases made pursuant to this Agreement shall be made by the
City and County in conformance to the State laws.
VII. STRICT ACCOUNTABILITY
A strict accounting shall be made of all funds and report of all receipts and shall be made
upon request by either party.
VIII. TERMINATION
This Agreement may be terminated by either party at any time, with or without cause,
upon not less than thirty (30) days written notice delivered by mail or in person to the other
party. If notice is delivered by mail, it shall be deemed to be received two days after mailing.
Such termination shall not be effective with respect to any solicitation of bids or any purchases
of services or goods, which occurred prior to such notice of termination. The City shall pay its
pro rata share of costs which the County incurred prior to such notice of termination.
IX. MAINTENANCE
A. Maintenance of the completed watermain, sanitary sewer, storm sewer, and detention
basins (including ponds and their outlet structures and grit chambers /collectors) shall be
the sole obligation of the City.
B. Maintenance of all trails and sidewalks, including snow plowing, shall be the sole
responsibility of the City.
C. Maintenance of streetlights and cost of electrical power to the streetlights shall be the sole
obligation of the City.
D. Maintenance of the completed signals and signal equipment shall be determined by
separate agreement (MnDOT Agreement 94607M or its successor).
X. NOTICE
For purposes of delivery of any notices herein, the notice shall be effective if delivered to
the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on
behalf of the County, and to the City Administrator of Lino Lakes, 600 Town Center Parkway,
Lino Lakes, MN 55014, on behalf of the City.
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XI. INDEMNIFICATION
The City and County mutually agree to indemnify and hold harmless each other from any
claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective
officers, agents, or employees relating to activities conducted by either party under this
Agreement.
XII. ENTIRE AGREEMENT REQUIREMENT OF A WRITING
It is understood and agreed that the entire agreement of the parties is contained herein and
that this Agreement supersedes all oral agreements and all negotiations between the parties
relating to the subject matter thereof, as well as any previous agreement presently in effect
between the parties to the subject matter thereof. Any alterations, variations, or modifications of
the provisions of this Agreement shall be valid only when they have been reduced to writing and
duly signed by the parties.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on
the dates written below.
COUNTY OF ANOKA CITY OF LINO LAKES
By: By:
Dennis D. Berg, Chair John J. Bergeson
County Board of Commissioners Mayor
Dated: Dated:
ATTEST
By: By:
Terry L. Johnson
County Administrator City Administrator
Dated: Dated:
RECOMMENDED FOR APPROVAL
By: By:
Douglas W. Fischer, P.E. Michael Grochala
County Engineer Community Development Director
Dated: Dated:
APPROVED AS TO FORM
By: By:
Dan Klint
Assistant County Attorney Its: City Attorney
Dated: Dated:
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JOINT POWERS AGREEMENT
FOR THE RECONSTRUCTION OF
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STAFF ORIGINATOR:
CITY COUNCIL
MEETING DATE:
TOPIC:
ACTION REQUIRED:
BACKGROUND
AGENDA ITEM 1A (iii)
Michael Grochala
October 5, 2009
Consideration of Resolution No. 09 -81
Dedicating Right of Way for Project Purposes -
I -35E /CSAH 14 (Main Street) Interchange
Simple Majority
The construction of the 35E /CSAH 14 Interchange requires the use of various lands for
the project. The City is the owner of what is described as parcel 14A and 14B of Anoka
County Right -of -Way Plat No. 75. These parcels are currently used for public right -of-
way purposes (Otter Lake Service Road). Due to the enlarged footprint of the
interchange these parcels are necessary for construction purposes. The existing Otter
Lake Service Road will be terminated to the south of the interchange area. The
resolution dedicates these parcels to be used for the project.
RECOMMENDATION
Staff is recommending approval of Resolution No. 09 -81.
ATTACHMENTS
1. Resolution No. 09 -81
2. Right -of -Way Plat No. 75
Council Member
introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 09 -81
RESOLUTION DEDICATING CITY OWNED PROPERTY
FOR PROJECT PURPOSES
I -35E AND CSAH 14 INTERCHANGE IMPROVEMENTS
WHEREAS, the City Council of the City of Lino Lakes is the official governing body of
the City of Lino Lakes; and
WHEREAS, the plans and specifications for the reconstruction of County State Aid
Highway No.14 (Main Street) from 1600 feet west of I -35E to 1500 feet east of I -35E,
are designated as Anoka County Project No. S.P. 02- 614 -28; and
WHEREAS, the plans and specifications for the Project require the use of various
lands for the project; and
WHEREAS, the City is the owner of the property, described to wit:
Parcels 14A and 14B, Anoka County Right -of -Way Plat No. 75, which parcels are
required for the Project improvements, and
WHEREAS, said parcels are currently used for public right -of -way purposes,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LINO LAKES:
1. That said property is hereby dedicated to be used for the purposes of the
Project as set forth in the plans and specifications.
John J. Bergeson, Mayor
Julianne Bartell, City Clerk
Adopted by the Lino Lakes City Council this 5th day of October, 2009.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member and upon vote being taken thereon, the following voted in favor
thereof:
The following voted against same:
Whereupon said resolution was declared duly passed and adopted.
2
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STAFF ORIGINATOR:
MEETING DATE:
TOPIC:
VOTE REQUIRED:
AGENDA ITEM 2A
Julie Bartell, City Clerk
October 5, 2009
2nd Reading of Ordinance No. 06 -09, Amending Section
3.01 of the Home Rule Charter to require that council
meetings be televised
Affirmative vote of all members of the City Council
BACKGROUND
Process: On July 13, 2009 the Lino Lakes Charter Commission submitted a charter
amendment and indicated that the amendment should be considered a proposal under
Minnesota Statutes, Section 410.12, Subd. 7, Amendment by ordinance. The
proposal was distributed to the council at their work session that evening, thus
commencing the statute defined schedule for consideration of this type of amendment.
Consideration of the proposed amendment has transpired as follows:
> A public hearing notice was published on August 11, 2009.
> The public hearing was held and first reading of the ordinance approved on
September 8, 2009;
The statute further requires that within one month of the public hearing (by October
8), the council must vote on the proposed charter amendment ordinance. The
ordinance is enacted only if it receives an affirmative vote of all members of the
council.
If the ordinance is enacted, it will be properly signed and published as required by
the city charter. There is a minimum 90 -day delay before the amendment becomes
effective during which a 60 -day period is allowed for submission of a registered voter
petition for referendum (thus commencing a new process for ballot consideration). If a
petition is not received, the amendment becomes final and will be properly filed and
placed into the city charter.
Ordinance Text: The city received two legal opinions relative to the text of the
proposed amendment that questioned the clarity of the wording. As a result, the
council directed the city attorney to redraft the language for clarity for consideration by
the charter commission. The commission rejected the new language developed by the
city attorney and chose to keep the wording as they originally proposed
Implementation Questions: The council has discussed both the cost and logistics of
implementing the amendment. Information is attached that outlines three options for
televising: utilizing the council chambers for all meetings; rearranging the council
chambers for certain meetings; or utilizing remote recording equipment for meeting
rooms other than the council chambers.
Joint Meeting with Charter Commission: The council has indicated that they would
like to participate in a joint meeting with the charter commission and a date for that
meeting is pending. Discussion of televising council and other city government
meetings is one of the items proposed for the agenda for that meeting.
ATTACHMENTS
1. Ordinance No. 06 -09, Amending the City Charter
2. Options for Televising Council Meetings
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1St Reading: 9/8/2009
Publication:
2"d Reading:
Effective:
Council Member
moved for adoption of the following ordinance:
CITY OF LINO LAKES
ORDINANCE NO. 06-09
AN ORDINANCE AMENDING THE CITY CHARTER TO REQUIRE
THAT COUNCIL MEETINGS BE TELEVISED
The City of Lino Lakes ordains that Section 3.01 of the Home Rule Charter be
amended as follows (added text underlined):
Section 1 Amendment of City Charter
Section 3.01. Council Meetings. The Council shall meet regularly at such times and
places as the Council shall designate by ordinance. The Mayor or any two members of
the Council may call special meetings of the Council upon at least twenty -four (24) hours
notice to each member, and such reasonable public notice as may be prescribed by
Council rule in compliance with the laws of Minnesota. The twenty -four (24) hours
notice shall not be required in an emergency. To the extent provided by law, all meetings
of the Council and its committees shall be public, and any citizen shall have access to the
minutes and records of the Council at all reasonable times. During any of its public
meetings, the Council shall not prohibit, but may place reasonable restrictions upon
citizen's comments and questions.
All regular open council meetings, the Open Mike portion, and council work sessions
shall be televised. Should the City Council determine it is necessary to exempt a given
council meeting or council work session from this procedure, they may do so by motion.
Section 2 In Effect According to City Charter
This ordinance shall be in force and effect from and after its passage and publication
according to the Lino Lakes City Charter.
Attest: Julianne Bartell, City Clerk
John Bergeson, Mayor
Adopted by the Lino Lakes City Council this day of , 2009.
The motion for the adoption of the foregoing ordinance was duly seconded by Council
Member and upon a vote being taken thereon, the following voted in favor
thereof:
The following voted against same:
Whereupon said ordinance was declared duly passed and adopted.
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Options for Televising Council Meetings
The assumption from the wording of the charter amendment is that all regular open council
meetings (including the public comment /open mike portion) and all council work sessions will be
televised.
Most of the following information was obtained from the city's cable provider, North Metro
Cable. They noted that they have limited information to offer since no other cities in the North Metro
Cable area are televising any meetings outside of their council chamber facilities
Utilize the council chambers for all meetings
• Equipment is in place; technician services would be an additional cost ($12 per hour with a 3
hour minimum).
• Would displace other meetings (Park Board meets on the first Monday of the month)
• Live coverage possible
• Less formal atmosphere not an option
Rearrange the council chambers for less formal work sessions
• Maintains a Tess formal environment by not using the dais
• Equipment is in place; technician services would be an additional cost ($12 per hour with a 3
hour minimum).
• Audio would be a problem since microphones are on dais; would need to purchase a
microphone but sound may still not be good
• Live coverage possible
Continue to meet outside the council chambers for work sessions but televise the meetings through
use of remote equipment
• Quality is the biggest concern noted by cable television professionals — difficult to get good
audio, a single camera is very limiting, equipment will record for a limited time causing the need
to stop meetings to reset equipment
• Some equipment is available to loan from Metro Cable but there could be additional needs
(microphones)
• Producing a meeting with audio only is not an option; the cable company cannot accommodate;
also charter amendment contains the word "televised"
• The only way to go live would be through complex cabling to main system
• If not done by live feed, staff would have to deliver recordings to the cable station after each
meeting