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HomeMy WebLinkAbout_02 03 2020 City Council Agenda Packet 4646 Dakota Street SE Prior Lake, MN 55372 City Council Meeting at City Hall Monday, February 3, 2020 City Council Work Session Agenda 6:00 p.m. 1. DISCUSSION ITEM(S) A. County Road 21 & Revere Way Intersection City Council Meeting Agenda 7:00 p.m. Reports included with this agenda can be found in the Document Center by clicking here or at www.cityofpriorlake.com \\Doc Center\\City of Prior Lake\\City Council, Planning Commission and Advisory Committees\\City Council\\City Council Agenda Packets\\2020\\02 03 2020 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE 2. PUBLIC FORUM The public forum is intended to afford the public an opportunity to address concerns to the City Council. The public forum will be no longer than 30 minutes in length and each presenter will have no more than five (5) minutes to speak. Topics of discussion are restricted to City governmental topics rather than private or political agendas. Topics may be addressed at the public forum that are on the agenda. However, topics that are the subject of a public hearing are best addressed at the public hearing, not at public forum. Therefore, topics may not be addressed at public forum if: (I) the topic has been the subject of a public hearing before the City Council or any City Advisory Committee and the Council has not acted on the topic; or (ii) if the topic is the subject of a public hearing for which notice has been published in the City’s official newspaper, or a continued public hearing or public information hearing before the City Council or any City Advisory Committee. During public forum, a member of the public may request that the City Council consider removing an item from the Consent Agenda following the procedure set forth in Section 401.5. The City Council may discuss but will not take formal action on public forum presentations. Matters that are the subject of pending litigation are not appropriate for the forum. 3. APPROVAL OF AGENDA 4. MINUTES A. Consider Approval of January 21, 2020 City Council Meeting Minutes 5. CONSENT AGENDA Those items on the Council Agenda which are considered routine or non-controversial are included as part of the Consent Agenda. Unless the Mayor or a council member specifically requests that an item on the Consent Agenda be removed and considered separately, items on the Consent Agenda are considered under one motion, second and vote. Any item removed from the consent agenda shall be placed on the council agenda under Items Removed Consent Agenda Items. A. Approve Claims Listing B. Adopt Resolution No. 20-021 - Appointing Election Judges for March 3, 2020 Presidential Nominating Primary C. Adopt Resolution No. 20-022 - Authorizing Prior Lake to Enter into a Construction Cooperative Agreement with Scott County for Cost Sharing of County Highway 42 from County Highway 17 to County Highway 83 D. Adopt Resolution No. 20-023 - Authorizing the Agreement with Scott County for Trail Maintenance E. Approve a Massage Therapy License for Anette Coleman 6. PRESENTATIONS 7. PUBLIC HEARINGS A. Public Hearing to Consider Approval of a Resolution Ordering Improvements for the 2020 Mill and Overlay Project STR20-000001 8. OLD BUSINESS 9. NEW BUSINESS 10. REMOVED CONSENT AGENDA ITEMS 11. COUNCILMEMBER LIAISON UPDATES / COUNCILMEMBER REPORTS 12. OTHER BUSINESS 13. ADJOURNMENT ITEM: 1A CITY COUNCIL AGENDA REPORT MEETING DATE: February 03, 2020 PREPARED BY: Jason Wedel, City Manager PRESENTED BY: Jason Wedel AGENDA ITEM: County Road 21 & Revere Way Intersection GOAL AREA Transportation & Mobility OBJECTIVE: 5. Focus on key corridors that take advantage of collaboration with state and county projects. RECOMMENDED ACTION: No action required. BACKGROUND: Staff will provide City Council an update on the study that was completed by Scott County Road 21/Revere Intersection. We will also review the economic analysis that staff completed related to the likely land uses at this intersection which will vary based on the selected alternative. City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 ITEM: 4A CITY COUNCIL AGENDA REPORT MEETING DATE: FEBRUARY 03, 2020 PREPARED BY: Ann Orlofsky, City Clerk PRESENTED BY: Ann Orlofsky AGENDA ITEM: Consider Approval of January 21, 2020 City Council Meeting Minutes GOAL AREA High-Value City Services OBJECTIVE: 3. Ensure sufficient resources and staffing to meet service demands. RECOMMENDED ACTION: Approve the January 21, 2020 City Council minutes as presented. ATTACHMENTS: 1. 01 21 2020 City Council Minutes City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES January 21, 2020 CALL TO ORDER Mayor Briggs called the meeting to order at 7:00 p.m. Present were Councilors Thompson, Burkart, Braid, and Erickson. None were absent. Also, in attendance were City Manager Wedel, City Attorney Schwarzhoff, Fire Chief Steinhaus, Police Chief Frazer, Finance Director Erickson, Public Works Director/City Engineer Brotzler, Community Development Director McCabe, and City Clerk Orlofsky. PUBLIC FORUM Briggs: Reviewed the process for the public forum and explained that items scheduled for public hearing or items for which a public hearing has been held, but no final action is taken are not eligi- ble for discussion on the public forum. APPROVAL OF AGENDA MOTION BY BRAID, SECOND BY THOMPSON, TO APPROVE THE AGENDA. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES 4A. CONSIDER APPROVAL OF JANUARY 6, 2020 REGULAR CITY COUNCIL MEETING MINUTES MOTION BY BRAID, SECOND BY THOMPSON, TO APPROVE THE MINUTES OF JANUARY 6, 2020 CITY COUNCIL MEETING. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 1 CONSENT AGENDA A. Approved Claims Listing B. Approved Building Permit Summary Report C. Approved Animal Control Services Report D. Approved November 2019 Treasurer’s Report E. Adopted Resolution No. 20-012 - Electing the Non-Waiver of Statutory Municipal Tort Lia- bility Limits & Declining Excess Liability Insurance Coverage F. Adopted Resolution No. 20-013 - Accepting Donations and Grants to the City During the th 4 Quarter of 2019 G. Adopted Resolution No. 20-014 - Approving Temporary On-Sale Liquor License for the Prior Lake VFW on January 24, 2020 H. Adopted an Ordinance Amending Section 308 of the City Code Relating to the Legal Age to Purchase Tobacco Related Products th I. Approved the 4 Quarter 2019 Investment Report J. Adopted Resolution No. 20-015 - Approving the Purchase of the Financial System Utility Billing Software Module and Authorizing the Mayor and City Manager to Execute the Con- tract K. Adopted Resolution No. 20-016 - Accepting Final Payment for the 2017 Reconstruction Project L. Adopted Resolution No. 20-017 – Accepting Final Payment for the 2019 Reconstruction Project M. Adopted Resolution 20-018 – Authorizing a Second Amendment to Prior Lake Agreement for Participation in the Trunk Highway 169 Transit Study and City’s Downtown Transit Im- provements N. Adopted Resolution No. 20-019 - Authorizing the Purchase of 2020 Equipment as Set Forth in the Capital Improvement Program O. Approved December Fire Incident Report Wedel: Reviewed the items on the consent agenda. MOTION BY THOMPSON, SECOND BY BURKART, TO APPROVE THE CONSENT AGENDA. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. PRESENTATIONS 6A. Prior Lake Rotary Club Presentation of Donation Wedel provided the background information. Three representatives of The Prior Lake Rotary presented a check to the City of Prior Lake to fully fund the banner poles that are a part of the current County Road 21 project. 2 DRAFT 01 21 2020 City Council Meeting Minutes RECESS Briggs: Called a recess at 7:11 p.m. allowing for photos in the chamber. RECONVENE Briggs: Reconvened the meeting at 7:13 p.m. 6B. Charlie Vig Proclamation Mayor Briggs presented the proclamation for Charlie Vig Day on January 27, 2020. PUBLIC HEARINGS 7A. Conduct a Public Hearing to Consider Approval of the 2020-2024 Street Reconstruc- tion Plan Director Erickson provided the background information on the 2020-2024 Street Reconstruction Plan. MOTION BY BRAID, SECONDED BY BURKART, TO OPEN THE PUBLIC HEARING AT 7:24 P.M. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. MOTION BY BRAID, SECONDED BY BURKART, TO CLOSE THE PUBLIC HEARING AT 7:25 P.M. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Erickson: Asked if there were sidewalks included in the entire area. Brotzler: Explained that he would get that information to the Council as he did not have it with him tonight. Thompson: Asked if staff had an estimate for the bonding on these projects. Director Erickson: Replied that the bonding was a total of 3.3. million over 5 years. 3 DRAFT 01 21 2020 City Council Meeting Minutes MOTION BY THOMPSON, SECONDED BY BRAID, TO APPROVE THE 2020-2024 STREET RECONSTRUCTION PLAN VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. OLD BUSINESS 8A. No Old Business Scheduled NEW BUSINESS 9A. No New Business Scheduled REMOVED CONSENT AGENDA ITEMS OTHER BUSINESS / COUNCILMEMBER REPORTS Erickson: Agenda Review with City Manager. Braid: 1/10 SCALE Meeting, 1/13 EDA Meeting, 1/13 PC Meeting Burkart: 1/7 Savage Transportation Seminar, 1/7 Highway 169 Corridor Coalition Meeting, 1/7 Tip-A-Cop Event at the Pointe, 1/13 MNVT Authority Management Meeting, 1/16 and 1/17 Road- show meeting with members of the Coalition Thompson: 1/7 MN Pass Rail Meeting, 1/7 Tip-A-Cop, 1/8 Chamber of Commerce Meeting, 1/10 SCALE Meeting, 1/13 EDA Meeting, 1/14 Prior Lake-Spring Lake Watershed Meeting,1/16 CEC Meeting Briggs: 1/7 Transportation Discussion Meeting, 1/8 Presented the State of the City Presentation to the Prior Lake Optimist Club, 1/10 SCALE Meeting, 1/13 Regional Council of Mayors Meeting, 1/13 EDA Meeting, 1/14 Meeting with Superintendent of School, 1/16 Rotary Meeting, 1/17 At- tended the 2020 Legislative Priorities Wedel: Reminded the residents about the Open House for the Fish Point Road Project. 12A. OTHER BUSINESS 13A. ADJOURNMENT MOTION BY BURKART, SECOND BY BRAID, TO ADJOURN THE MEETING AT 7:34 P.M. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 4 DRAFT 01 21 2020 City Council Meeting Minutes Respectfully Submitted, _____________________________ Jason Wedel, City Manager 5 DRAFT 01 21 2020 City Council Meeting Minutes ITEM: 5A CITY COUNCIL AGENDA REPORT MEETING DATE: February 3, 2020 PREPARED BY: Janet Ringberg, Accounting Specialist PRESENTED BY: Cathy Erickson, Finance Director AGENDA ITEM: Approve Claims Listing GOAL AREA High-Value City Services OBJECTIVE: 1. Establish financial stability for all funds. RECOMMENDED ACTION: Adopt the claims list as presented. BACKGROUND: The purpose of this agenda item is to provide the City Council with a listing of invoices that have been paid within a specific time period. The current claims listing is a check register which includes a chronological listing of payments issued (check, EFT, ACH, and wires) with the associated vendor and description of the claim paid. The option to include a general ledger account number is not available with this report. The Council should consider approving the attached report on claims paid as part of the consent agenda. ALTERNATIVES: 1. Motion and second as part of the consent agenda to adopt the claims list as presented. 2. Motion and second to remove the claims list from the consent agenda for additional discussion. ATTACHMENTS: 1. Claims Listing 02 03 2020 City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 CHECK REGISTER FOR CITY OF PRIOR LAKE 1/4Page: 01/21/2020 09:01 AM User: Janet DB: Prior Lake CHECK DATE FROM 01/11/2020 - 01/17/2020 AmountDescriptionVendor NameVendorCheckBankCheck Date Bank 1 General Bank 149.78 Brine Building Door RepairAUTOMATED DOOR SERVICE INC000274195583(A)101/17/2020 938.44 Nov 2020 Wavelength Water Bill InsertsCSG SYSTEMS INC000275065584(A)101/17/2020 218.25 2119 Squad supplies EMERGENCY AUTOMOTIVE TECH INC000054805585(A)101/17/2020 117.65 2119 Squad supplies 90.53 2119 Squad supplies 118.32 466 Strobe lamp lens 136.22 Back up alarms 680.97 357.78 519 Feedback sensorFORCE AMERICA000067735586(A)101/17/2020 54.09 ShirtGALLS LLC000070755587(A)101/17/2020 163.52 Misc Office SuppliesINNOVATIVE OFFICE SOLUTIONS LLC000271495588(A)101/17/2020 497.73 Election Supplies 306.90 Election Supplies 83.59 Misc Office Supplies 82.53 Misc Office Supplies 1,134.27 94.39 Tanker Siphon PartsJIM RUZICKA000188555589(A)101/17/2020 11.21 Mileage LORI FOLIE000067275590(A)101/17/2020 120.50 488 Wing slide pinNOVAK COMPANIES000149005591(A)101/17/2020 159.80 1" GravelPENTAGON MATERIALS INC000274265592(A)101/17/2020 164.39 Sand Pt Park 324.19 810.00 4th Qtr 2019 MDT State AccessSCOTT COUNTY000192125593(A)101/17/2020 163.06 SuppliesTERMINAL SUPPLY COMPANY000202705594(A)101/17/2020 77.41 2119 Rear lampWOLF MOTOR CO INC000236755595(A)101/17/2020 142.24 Brake Lining 219.65 232.00 3844 Green Heights Trail Retaining WallWSB & ASSOCIATES INC000237805596(A)101/17/2020 232.00 15862 Eagle Ave Retaining Wall 300.00 WCA Review 396.00 Training 450.00 WCA LGU Services 225.00 WCA Review Development 1,581.50 WCA LGU Services - Permitting 916.00 SWAMP Development 1,782.00 Glascow Trail Drainage 37.50 WCA LGU 262.50 Lennar Summit 2,221.00 Water Main Replacement - Rustic Road 3,686.50 Water Main Replacement - Rustic Road 12,322.00 50.45 Mtce Center First Aid SuppliesZEE MEDICAL SERVICE000263505597(A)101/17/2020 368.00 Jan 2020 HRA Admin FeeMEDICA000133255598(E)101/14/2020 713.07 Dec 2019 Fuel TaxMN DEPT OF REVENUE000136125599(E)101/17/2020 2,754.00 Dec 2019 Sales Tax CHECK REGISTER FOR CITY OF PRIOR LAKE 2/4Page: 01/21/2020 09:01 AM User: Janet DB: Prior Lake CHECK DATE FROM 01/11/2020 - 01/17/2020 AmountDescriptionVendor NameVendorCheckBankCheck Date 3,467.07 816.75 2019 Dental ClaimsDELTA DENTAL000272135600(E)101/13/2020 5,109.26 2019 HRA ClaimsMEDICA000133255601(E)101/13/2020 13,111.19 Jan 2020 Electric BillsMN VALLEY ELECTRIC000137385602(E)101/15/2020 1,108.89 Jan 2020 Electric BillsSHAKOPEE PUBLIC UTILITIES000193885603(E)101/15/2020 132.88 521 Fill hose ABLE HOSE & RUBBER CO00001115105423101/17/2020 133.00 Pager RepairANCOM TECHNICAL CENTER00001655105424101/17/2020 155.25 Pager Repair 288.25 386.59 High Viz JacketASPEN MILLS00001891105425101/17/2020 16,467.00 Body Camera Data Storage Contract Year 3AXON ENTERPRISE INC00027347105426101/17/2020 2,000.00 Earnest Money - 4662 Dakota Street SEBEDROCK REAL ESTATE RETA00027755105427101/17/2020 13,118.85 Road SaltCARGILL INC00003123105428101/17/2020 2,500.00 15691 Candy Cove TrailCOLLINS TREE CARE00003670105429101/17/2020 349.50 Bluetooth - Squad 2119DEALER AUTOMOTIVE SERVICES INC00027665105430101/17/2020 247.10 2020 TabsDEPUTY REGISTRAR #16000004400105431101/17/2020 484.56 Stock batteries FACTORY MOTOR PARTS COMPANY00006020105432101/17/2020 (49.00)Core Return 435.56 354.09 Meter SuppliesFERGUSON WATERWORKS #251600006231105433101/17/2020 101.44 465 Repair FLEETPRIDE00003260105434101/17/2020 1,591.25 Spring A DingHASSE FAMILY ENTERPRISES LLC00008291105435101/17/2020 375.00 Spring A Ding - Down PmtKID POWER PEDAL TRACTOR PULLS LLC00026979105436101/17/2020 815.00 WTF HVAC RepairKLAMM MECHANICAL CONTRACTORS INC00026904105437101/17/2020 2,215.00 Mtce Center HVAC Repair 210.00 WTF HVAC Repair 3,240.00 109.00 Wedel - Legislative Conference for CitieLEAGUE OF MINN CITIES00012450105438101/17/2020 870.00 Spring A Ding - Down PmtMAGIC BOUNCE INC00027582105439101/17/2020 472.56 Green Treated LumberMENARDS LUMBER CO00013318105440101/17/2020 512.96 Radar 622.88 Radar 1,608.40 48.76 SuppliesMENARDS LUMBER CO00013318105441101/17/2020 47.88 Tough Box 96.64 163,926.54 #1 CR 13 Watermain ProjectMINGER CONSTRUCTION 00027726105442101/17/2020 27.10 Canoe Registration #3894KJMN DEPT OF NATURAL RESOURCES00013806105443101/17/2020 450.00 2020 Membership DuesMN STATE FIRE DEPT ASSOCIATION00013862105444101/17/2020 300.00 2020 MembershipMN STREET SUPERINTENDENTS ASSN00013708105445101/17/2020 57,813.00 12 Portable Radios MOTOROLA00013937105446101/17/2020 1,875.00 Continuing Disclosure ReportNORTHLAND SECURITIES INC00014775105447101/17/2020 59.46 510 Chipper knives POWERPLAN00022435105448101/17/2020 14,987.85 Picnic TablesPREMIER POLYSTEEL00027717105449101/17/2020 3,285.92 Refund COBRA Premiums 5/2019 - 12/2019REBECCA EVERS GELHAYE00027627105450101/17/2020 401.30 Misc SuppliesSAM'S CLUB00019036105451101/17/2020 1,001.00 VSQG Collection ProgramSCOTT COUNTY00019212105452101/17/2020 CHECK REGISTER FOR CITY OF PRIOR LAKE 3/4Page: 01/21/2020 09:01 AM User: Janet DB: Prior Lake CHECK DATE FROM 01/11/2020 - 01/17/2020 AmountDescriptionVendor NameVendorCheckBankCheck Date 1,638.12 2007 Hyundai #096700SCOTT COUNTY ATTORNEY00019232105453101/17/2020 150.00 2008 Mercury #00300 1,788.12 32,512.87 4th Qtr 2019 Court FinesSCOTT COUNTY ATTORNEY00019232105454101/17/2020 405.66 Park & Rec AdvertisingSOUTHWEST NEWSPAPERS00019676105455101/17/2020 1,085.99 Duggan - Ballistic VestSTREICHERS00019900105456101/17/2020 66.99 Duggan - Handcuffs 1,152.98 694.85 Street SuppliesTHOMAS TOOL & SUPPLY INC00020425105457101/17/2020 75.00 Ayers - DMT RefresherUS BANK00002105105458101/17/2020 341.60 Airfare - B Johnson ILEETA Conference 410.00 B Johnson Training 8.05 Meeting with JW,KB,& Resident 80.91 Agenda Review - JW,LO,KB,AT 1.98 Warming House 1st Aid 110.00 Coy - 2020 Annual Dues 112.50 Handgun Permits 143.14 Metal Detector 32.38 Storage Organzizer 137.95 Car Mtce & Cleaning Supplies 66.40 Mailing Envelopes 156.18 Evidence Supplies 332.88 Drug Test Kits 1,451.63 Recrds Dept Computer Monitors 109.95 Ticketwriter Paper Rolls 60.00 Scheduling Software 27.31 Shipping - Radar Antenna Repair 166.84 Uniform 495.00 B Johnson Taser Instructor Refresher 499.00 Bisek - LETG Conference 225.63 Hotel Downpmt - Bisek LETG Conference 790.27 Hotel - Bisek LETG Conference 471.60 Airfare - Bisek LETG Conference 26.22 Cleaning Supplies, iPad Screen Protector 327.45 Bio Light Source Kit 105.95 VISA Gift Card Holiday Light Winner 320.00 Schmidt - Continuing Ed 320.00 Chard - Continuing Ed 320.00 Ernste - Continuing Ed 34.32 Refreshments - Tech Village Participant 42.24 Blueprint Covers 83.26 Finance Dept Employee Appreciation 129.38 Admin Employee Recognition 203.88 Web Hosting Renewal 8,218.90 38.85 Dec 2019 SubscriptionUS BANK00002105105459101/17/2020 3,399.96 Records Dept Computer Monitors 158.24 Dinner - Savage FD on Standby 249.95 Radio Batteries 1,799.99 TV - Conference Room 300.00 DOT Recertification Class 87.99 Knee Boots 10.22 Hein - Pesticide License CHECK REGISTER FOR CITY OF PRIOR LAKE 4/4Page: 01/21/2020 09:01 AM User: Janet DB: Prior Lake CHECK DATE FROM 01/11/2020 - 01/17/2020 AmountDescriptionVendor NameVendorCheckBankCheck Date 45.00 Skluzacek - Member Dues 393.00 Parks Dept - Training 13.98 Phone Eartips 12.23 Angle Grinder Cord 90.98 TV Mount - Conference Room 28.39 AV Converter/Cable 744.11 AED Pads & Batteries 64.73 Washer Parts 17.31 Mail Donated Cards 546.51 Dinner - Gustavas Christmas Tour 134.86 Refreshments - SCALE Meeting 45.07 Coffee - SCALE Meeting (601.64)Records Dept Computer Monitors (21.49)Return Silver Tea Supplies 7,558.24 55.00 Jan 2020 Shredding ServiceVETERAN SHREDDING LLC00027643105460101/17/2020 147.90 SuppliesVIKING ELECTRIC SUPPLY00022630105461101/17/2020 198.00 Dec 2019 Investigative ServicesWEST PAYMENT CENTER00023420105462101/17/2020 700.00 Hubbard House TourYMCA00025021105463101/17/2020 79.99 SuppliesZACKS INCORPORATED00026100105464101/17/2020 159.98 Sewer Supplies 239.97 1 TOTALS: 383,483.15 Total of 63 Disbursements: 0.00 Less 0 Void Checks: 383,483.15 Total of 63 Checks: ITEM: 5B CITY COUNCIL AGENDA REPORT MEETING DATE: February 3, 2020 PREPARED BY: Ann Orlofsky, City Clerk PRESENTED BY: Jason Wedel, City Manager AGENDA ITEM: Adopt Resolution No. 20-021 - Appointing Election Judges for March 3, 2020 Presidential Nominating Primary GOAL AREA High-Value City Services OBJECTIVE: 3. Ensure sufficient resources and staffing to meet service demands. RECOMMENDED ACTION: Adopt Resolution No. 20-021 - Appointing Election Judges for the March 3, 2020 Presidential Nominating Primary. BACKGROUND: As part of the election process, the City Council must authorize the appointment of election judges to conduct election day activities. The polling places for the eight (8) voting precincts are located as follows, along with their current registered voter count: Precinct Location #1 Prior Lake City Hall 4646 Dakota Street SE #2 St Paul’s Lutheran Church 5634 Luther Road SE #3 Prior Lake Fire Station #1 16776 Fish Point Road #4 Friendship Church 17741 Fairlawn Avenue #5 Prior Lake Fire Station #2 3906 Station Place NW #6A Holy Cross Church 14085 Pike Lake Trail NE #6B Living Hope Lutheran Church 8600 Horizon Drive, Shakopee #7 Shepherd of the Lake Lutheran Church 13760 McKenna Road NW The polls shall be open from 7:00 A.M. to 8:00 P.M. The judges will report to their assigned precinct location one hour prior to the poll opening for set-up preparation. City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 Item 5B Page | 2 Each year, in accordance with the law, we make an effort to provide for a balance between the various political parties in our election judge appointments. This can be complicated both by the political composition of the community as well as the political bent of the persons volunteering to judge. The resolution does not designate the precinct for any judge so that in the event of election judge cancellations, the City may reassign judges to a different precinct in order to maintain party representation to the extent possible. FINANCIAL IMPACT: Judges are paid $11.00, and head judges are paid $14.00 per hour as approved within this year’s operating budget. Judges work approximately 16 hours each on each election day. ALTERNATIVES: 1. Motion and second to adopt a resolution appointing election judges for the March 3, 2020 Presidential Nomiating Primary as a part of the consent agenda. 2. Motion and second to remove from the consent agenda for discussion. ATTACHMENTS: 1. 2020 Election Judge Appointment Resolution 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 20-021 A RESOLUTION APPOINTING ELECTION JUDGES FOR MARCH 3, 2020 PRESIDENTIAL NOMINATING PRIMARY Motion By: Second By: WHEREAS, The City Council is required by law to provide election judges to conduct the Presidential Nominating Primary; and WHEREAS, Staff has provided names of all persons who have indicated an interest in serving in said capacity. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA the following persons are hereby appointed to serve as election judges for the March 3, 2020 Kathy Anderson Dennis Lawman Ardyth Anderson Melissa Enger Barbara Lerschen Timothy Mannion Joyce Arneson Jerry Engholm Don Arneson John Etchison Jenifer Mathews Kathie Arnold Alexandra Matyja Charles Arnold Denise Farnsworth Dave Menter Sharon Bachmeier Tony Faust Linda Menter Rita Baden Richard Felch Dave Baden Tonya Fitzgerald Janet Misgen Loretta Mortier Mary Sue Fuller John Bauchle Monique Morton Elaine Grendahl Mary Mraz Jerry Grendahl Brandy Blanch Katherine Murphy Dennis Chrissinger John Murray Barbara Grodahl Marilyn Christensen Sharon Murray Faith Groff Kim Churchill Syed Hassan Sally Myster Dave Clauson Farheen Hassan Karen Nau Karen Clough Barb Henderson Linda Pelzl Christine Cortes Curt Hennes Angela Price Joanne Dalby Susan Hughes Loren Rehmer Julie David Barbara Johnson Margaret Rehmer Teresa Davis Bhunnee Jurek Nancy Dickenson Richard Jurek Chad Rittenour Diane Roseth Lynn Spieker Eugene Wenner Pat Spielman Barbara Wenner Loren Steven Bonnie Safe Toni Wheeler Annette Thompson Diane Tester Dick Wratz Mary Ellen Schmid Constance Thompson Diane Ziemann Diane Schroeder Kathy Vomacka Kenneth Ziemann Valerie Selle Lois Walters Kathy Zurcher Patti Sotis Liz Weninger BE IT FURTHER RESOVED that, based upon inability of a judge(s) to serve on election day or upon need for additional assistance, the City Manager shall be authorized to appoint/hire required number of persons. Only those persons duly qualified and duly trained to serve as an election judge may be selected to serve in this capacity. PASSED AND ADOPTED THIS 3rd DAY OF FEBRUARY 2020. VOTE Briggs Thompson Burkart Braid Erickson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ ________________________________ Jason Wedel, City Manager 2 ITEM: 5C CITY COUNCIL AGENDA REPORT MEETING DATE: Februrary 3, 2020 PREPARED BY: Andy Brotzler, Public Works Director/City Engineer PRESENTED BY: Andy Brotzler AGENDA ITEM: Adopt Resolution No. 20-022 - Authorizing Prior Lake to Enter into a Construction Cooperative Agreement with Scott County for Cost Sharing of County Highway 42 from County Highway 17 to County Highway 83 GOAL AREA Transportation & Mobility OBJECTIVE: 1. Maintain quality local street system based on a financially stable plan that meets Overall Condition targets. RECOMMENDED ACTION: Adopt Resolution No. 20-022 - Authorizing Prior Lake to Enter into a Construction Cooperative Agreement with Scott County for Cost Sharing of County Highway 42 from County Highway 17 to County Highway 83 BACKGROUND: The purpose of this agenda item is to authorize the Mayor and City Manager to enter into a construction cooperative agreement with Scott County for maintenance of CH 42 from CH 17 to CH 83 CURRENT CIRCUMSTANCES: The County is leading the improvement of CH 42 by reconstructing and modernizing a 1.4 mile segment of CH 42 from CH 17 to CH 83 from a 2-lane undivided roadway to a four lane rural/urban hybrid divided roadway. The project will improve roadway profiles, install turn lanes, formalize access locations, improve storm water management, and add trails along the roadway. The County Engineer has prepared an estimate of quantities and unit prices of materials and labor for the Project. The project is being jointly funded by the County, SMSC, and the cities of Shakopee and Prior Lake. The estimated cost participation for the city of Prior Lake is $573,848.00 FINANCIAL IMPACT: This project was included in the 2020 CIP with an estimated city cost of $605,000 and was proposed to be funded through a combination of MSA, tax levy, and sanitary sewer trunk funds. Based on the original plan for funding $200,000 of the estimated project cost, this project and funding amount was included in the Street Reconstruction plan approved by Council at the January 21, 2020 City Council meeting. The inclusion and approval of this project and funding amount in the updated Street Reconstruction plan provides flexibility to be able to use this funding source and amount but does not require it. At this time, it is anticipated that the project City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 Item 5C Page | 2 will be funded with MSA funds in the estimated amount of $523,083.04; and sanitary sewer trunk funds in the estimated amount of $50,764.90. ALTERNATIVES: 1. Motion to adopt a resolution authorizing the Mayor and City Manager to enter into a Construction Cooperative Agreement with Scott County for cost sharing of improvements to County Highway 42 from County Highway 17 to County Highway 83. 2. Remove item from consent for discussion ATTACHMENTS: 1. Resolution - CH 42 County and City Agreement 2. CP42 19 Prior Lake Coop Agreement 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 20-022 A RESOLUTION AUTHORIZING PRIOR LAKE TO ENTER INTO A CONSTRUCTION COOPERATIVE AGREEMENT WITH SCOTT COUNTY FOR COST SHARING OF COUNTY HIGHWAY 42 FROM COUNTY HIGHWAY 17 TO COUNTY HIGHWAY 83 Motion By: Second By: WHEREAS, Scott County has identified the reconstruction of CH 42 between CH 17 and CH 83 Improvement Project within the Cities of Shakopee and Prior Lake for construction in 2020; and WHEREAS, The cost to compete this project is proposed to be partially funded by the City of Prior Lake; and WHEREAS, Scott County has prepared a Construction Cooperative Agreement outlining the financial obligations of the City for this project. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Mayor and City Manager are hereby authorized to enter into the Construction Cooperative Agreement with Scott County for cost sharing of the CH 42 between CH 17 and CH 86 Improvement Project. 3. The City Council authorizes funding for this project as shown: Passed and adopted by the Prior Lake City Council this 3rd day of February 2020. VOTE Briggs Thompson Burkart Braid Erickson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager County Project No. CP 42-19 City of Prior Lake County of Scott 1 CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into this day of , 2020, by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Prior Lake, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". RECITALS: A. County and the City seek to improve County Highway (CH) 42, the project will reconstruct and modernize a 1.4 mile segment of CH 42 from CH 17 to CH 83 from a two lane undivided roadway to a four lane rural/urban hybrid divided roadway. The project will improve roadway profiles, install turn lanes, formalize access locations, improve storm water management, and add trails along the roadway (hereinafter referred to as the Project). B. The above described Project lies within the corporate limits of the City. C. The County Engineer has prepared an estimate of quantities and unit prices of material and labor for the above described Project and an estimate of the total cost for contract work in the sum of five hundred seventy three thousand eight hundred forty eight dollars and no cents ($573,848.00). A copy of said estimate (marked Exhibit "B") is attached hereto and made a part hereof. D. It is contemplated that said improvement work shall be carried out by the parties under the provisions of Minn .Stat. Sec. 162.17, subd. 1. NOW, THEREFORE, IT IS HEREBY AGREED: 1.The recitals above are incorporated herein. 2.The County shall advertise for bids for the work and construction of the aforesaid Project No. CP 42-19, receive and open bids pursuant to said advertisement and enter into a contract (“Contract”) with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties. The Contract will include the plans and specifications prepared by the County or its agents, which plans and specifications are by this reference made a part hereof. 3.County shall have overall authority to administer the Contract and inspect the construction of the Contract work for the Project. County shall have ultimate authority in initiating and determining change orders, supplemental agreements and final quantities. The City Engineer shall cooperate with the County Engineer County Project No. CP 42-19 City of Prior Lake County of Scott 2 and his staff at their request to the extent necessary, but shall have no other responsibility for the supervision of the work. 4.City shall reimburse the County for its share in the construction cost of the Contract work for said Project and the total final contract construction cost shall be apportioned as set forth in the Cost Participation Summary in Exhibit "B". It is further specifically agreed that the estimate referred to in this agreement is only a preliminary estimate of the construction cost for the contract work on the project and that the unit prices set forth in the Contract and the final quantities as measured by the County Engineer shall govern in computing the total final contract construction cost for apportioning the cost of the Project according to the provisions of this paragraph. 5.In addition, the County and the City further agree to apportion costs designated as Engineering, and Contract Administration costs, which includes all actual costs of planning, design, environmental review, permits, preparation of bid, specifications and contract administration. Division of the aforementioned costs shall be determined by application of the same percentage used to calculate City’s proportion of construction cost shown in Exhibit B to the engineering and administration costs determined by County. 6.In addition to costs above, Right of Way costs will be shared by the parties and shall be apportioned at a percentage set out in Exhibit B for the functional class of the existing roadway and include all associated costs of right of way in the City’s jurisdiction within the project limits. These costs include right of way acquisitions, easements, private utilities with property rights, including appraisal costs, property management, demolition, staff, attorney fees, recording fees, plats, etc. 7.The City shall, based on the Contract price, deposit with the Scott County Treasurer one hundred percent (100%) of the estimated City's share of the construction, and estimated engineering and right of way costs (as shown in Exhibit B), as partial payment within thirty (30) days after award of Contract or execution of this Agreement, whichever is later. The final amount of the City's share of the costs of the Project shall be determined upon completion of the Project and any amount remaining due to the County shall be reflected in the County's final, itemized, statement of the Project costs submitted to the City. In the event the initial payment exceeds the City's share of these final costs, such overpayment shall be returned to the City by the County. 8.The County Engineer shall prepare monthly progress reports as provided in the specifications. A copy of these reports shall be furnished to the City upon request. 9.Since each party is a political subdivision of the State of Minnesota, each party shall maintain general liability and automobile liability coverage protecting itself, its officers, agents, employees and duly authorized volunteers against any usual and customary public liability claims to the limits prescribed under County Project No. CP 42-19 City of Prior Lake County of Scott 3 Minn. Stat. Sec. 466.04 and Workers’ Compensation in accordance with the Minnesota statutory requirements. Said policies shall be kept in effect during the entire term of this Agreement. 10.All records kept by the City and the County with respect to the Project shall be subject to examination by the representatives of each party. All data collected, created, received, maintained or disseminated for any purpose by the activities of the County or City pursuant to this Agreement shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted. 11.County reserves the right not to issue any permits for a period of five (5) years after completion of the Project for any service cuts in the roadway surfacing of the County Highway included in the Project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. 12.City further agrees to guide the CH 42 Corridor as a Principal Arterial for access, right of way needs and land use consistent with a Principal Arterial. 13.City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of the Project and remove and replace the City monument sign by County permit. 14.Upon completion of the Project, the County, at its expense, shall place the necessary signs and the City, at its expense, shall provide the enforcement for the prohibition of on-street parking on that portion of CH 42 constructed under the Project. No modification of the above parking restrictions shall be made without first obtaining a resolution from the County Board of Commissioners permitting said modification. 15.Initial pavement striping and markings shall be included as part of the Project. The County shall be responsible for all subsequent pavement striping and markings on its county roads as required after the initial work and shall be responsible for one hundred percent (100%) of the subsequent related costs. The City shall be responsible for all subsequent striping and markings on its city roads, including pedestrian markings across its roadways, as required after the initial work and shall be responsible for one hundred percent (100%) of the subsequent related costs. 16.Upon completion of the Project, the City, at its expense, shall maintain all sanitary and storm sewer appurtenances, including all stormwater quality, rate control, and volume control features such as ponds, infiltration basins and all aesthetic landscaping elements. All future maintenance of the stormwater features shall be the responsibility of the City. The City may in the future alter the stormwater quality, rate control, and volume control features to accommodate future development as long as County drainage is maintained. 17.Upon completion of the Project, the Cities, at its expense, shall perform snow, ice, and debris removal on all trails and sidewalks constructed with the Project. County Project No. CP 42-19 City of Prior Lake County of Scott 4 18.Upon completion of the Project, the preventative maintenance on trails constructed with this project, including sealcoating and crack-sealing, will be a shared cost responsibility at 50% and Scott County will administer the process. A future County Global Maintenance Agreement, upon execution, may supersede maintenance responsibilities stated in this Agreement. 19.Neither party, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the other party for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the described maintenance, restoration, repair or replacement work by the other party, or arising out of the negligence of any contractor under any contract let by the other party for the performance of said work; and each party agrees to defend, save, keep and hold harmless the other, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by its officers, agents or employees. 20.It is further agreed that neither party to this Agreement shall be responsible or liable to the other or to any other person or entity for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense and indemnify the other party for any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. Each party’s obligation to indemnify the other under this clause shall be limited in accordance with the statutory tort liability limitation as set forth in Minnesota Statutes Chapter 466.04 to limit each party’s total liability for all claims arising from a single occurrence, include the other party’s claim for indemnification, to the limits prescribed under 466.04. It is further understood and agreed that the Parties’ total liability shall be limited by Minnesota Statute Section 471.59, Subdivision 1(a) as a single governmental unit. 21.It is further agreed that any and all employees of each party and all other persons engaged by a party in the performance of any work or services required or provided herein to be performed by the party shall not be considered employees, agents or independent contractors of the other party, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged shall be the sole responsibility of the employing party and shall not be the obligation or responsibility of the other party. County Project No. CP 42-19 City of Prior Lake County of Scott 5 22.The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this Agreement as though fully set forth herein, including Exhibit A, which is attached and hereby incorporated. 23.Pursuant to Minn. Stat. Sec. 16C.05, subd. 5, the books, records, documents, and accounting procedures and practices of the County and City pursuant to this Agreement shall be subject to examination by the County, City and the State Auditor. Complete and accurate records of the work performed pursuant to this Agreement shall be kept by the County and City for a minimum of six (6) years following termination of this Agreement for such auditing purposes. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County or the City regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of the County or City notifies each party in writing that the records no longer need to be kept. 24.The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder shall be those courts located with the County of Scott, State of Minnesota. Litigation, however, in the federal courts involving the parties shall be in the appropriate federal court within the State of Minnesota. 25.In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the Agreement to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 26.The County’s Authorized Agent for the purpose of the administration of this Agreement is Mandy Flum, Program Specialist, or her successor. Her current address and phone number are Scott County Highway Department, 600 Country Trail East, Jordan, MN 55352, (952) 496-8043. The City’s Authorized Agent for the purpose of the administration of this Agreement is Andy Brotzler, or his successor. His current address and phone number are 17073 Adlemann St. SE, Prior Lake, MN 55372, 952-447-9896. Any change in name, address, or telephone shall be noticed to the other party. IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF PRIOR LAKE (SEAL) By And Kirt Briggs, Mayor Jason Wedel, City Manager Date Date COUNTY OF SCOTT ATTEST: By By Lezlie A. Vermillion, County Administrator Dave Beer, Chair of Its County Date Date Upon proper execution, this agreement RECOMMEND FOR APPROVAL: will be legally valid and binding. By By Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer Date Date EXHIBIT A EXHIBIT B Cost Participation Summary ITEM: 5D CITY COUNCIL AGENDA REPORT MEETING DATE: February 3, 2020 PREPARED BY: Andy Brotzler, Public Works Director/City Engineer PRESENTED BY: Andy Brotzler AGENDA ITEM: Adopt Resolution No. 20-023 – Authorizing the Scott County Agreement for Trail Maintenance GOAL AREA Transportation & Mobility OBJECTIVE: 1. Maintain quality local street system based on a financially stable plan that meets Overall Condition targets. RECOMMENDED ACTION: Adopt Resolution 20-023 Authorizing Prior Lake to Enter into an Agreement with Scott County for Maintenance of Trails within City Limits. BACKGROUND: The purpose of this agenda item is to authorize the City of Prior Lake to enter into a 5-year Cooperative Agreement with Scott County for trail maintenance within City limits. The County and the Cities each have a responsibility for trail maintenance within their respective jurisdiction. The City of Prior Lake maintains our city owned trails. The city has not previously shared in any maintenance of the County owned trails. With this cost sharing agreement, the plan is to provide more timely ongoing maintenance which is a benefit to the city trail users. Scott County and the cities of Shakopee, Savage, New Prague, Belle Plaine, Jordan and Elko- New Market have agreed to cooperate in a five year County led trail maintenance program (“CLTMP”) on trails along County Highways located within the City jurisdictions and have agreed to share in the cost of work covered under that plan equally between the impacted City jurisdiction and the County. Scott County will annually prepare all bidding documents and conduct bidding services for the trail maintenance services. They will advertise, receive and open bids and enter into a Contract with the successful overall bidder. All work performed on trails along County Highways will be considered CLTMP work and managed as a County project. Each city pays a fee to Scott County for this service based on a percentage of the total amount of services requested through the agreement. Actual Construction Cost Percentage $0 - $49,999 1.5% $ 50,000 - $100,000 1.0% Over $100,000 0.50% City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 Item 5D Page | 2 Each city will coordinate with the contractor as to the timing of the actual work of their portion, have authority in initiating and determining change orders and final quantities for their portion of the contract work. Each city is responsible for inspecting the contractors work, measuring quantities of materials provided and work performed and approving and certifying the progress of the contractor for their portion of the Contract work. Any City may terminate its participation in the Agreement with a 60-day written notice to the County, The County may terminate the Agreement with a written notice at least 6 months prior to the December 1 specification due date. FINANCIAL IMPACT: This is a new cost for trail maintenance, however the expenditure was included in the 2020 budget knowing staff was bringing this item to council to consider. The annual incremental cost for the next several years is shown on the table below: 2020 2021 2022 City Annual $10,158 $15,433 $16,096 Estimated Cost Total Square Yards 16,904 25,722 26,827 Cost/Square Yard $0.60 $0.60 $0.60 This annual expenditure would be charged to the General Fund Parks Department Maintenance Agreements Trails/Sidwalks account (101-45200.00- 54010.55) This Scott County Agreement is cost effective for city taxpayers. The State Legislature places a high priority on Local Governments (LGU) combining their resources to accomplish day-to-day responsibilities. This is an excellent example of this practice. ALTERNATIVES: 1. Approve a resolution, as part of the consent agenda, authorizing entering into the Agreement for trail maintenance within the City limits. 2. Remove this item from the consent agenda for additional discussion. ATTACHMENTS: 1. Resolution - Scott County Agreement for Trail Maintenance 2. Trail Services Cooperative Agreement 3. Trail Estimate (Master) 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 20-023 ADOPT RESOLUTION NO. 20-023 - AUTHORIZING THE AGREEMENT FOR TRAIL MAINTENANCE ALONG COUNTY HIGHWAYS Motion By: Second By: WHEREAS, The County and the City have responsibility for trail maintenance within their respective jurisdiction; and WHEREAS, The County and the cities of Shakopee, Savage, New Prague, Belle Plaine, Jordan and Elko New Market have agreed to cooperate in a five (5) year County led trail maintenance program on County Highways located within City jurisdictions and have agreed to share in the cost of work covered under that plan equally between the impacted City jurisdiction and the County; and WHEREAS, The County is willing to annually prepare all bidding documents and conduct bidding services pursuant to Local and State laws for trail maintenance services; and WHEREAS, This Agreement shall be in effect until December 31, 2024 NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council authorizes entering into an Agreement for trail maintenance along County Highways. This expenditure will be charged to the General Fund Parks Department (101- 45200.00-54010.55). Passed and adopted by the Prior Lake City Council this 3rd day of February 2020. VOTE Briggs Thompson Burkart Braid Erickson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager Total Square YardsTotal in Cost Per CityAgency's Share (50%)Total Square YardsTotal in Cost in Each CityAgency's Share (50%)Total Square YardsTotal in Cost in Each CityAgency's Share (50%)Shakopee 44,740.00 $53,688.00 $26,844.00 55,569.67 $66,683.60 $33,341.80 36,773.00 $44,127.60 $22,063.80Savage 9,685.00 $11,622.00 $5,811.00 0.00 $0.00 $0.00 5,867.00 $7,040.40 $3,520.20Prior Lake 16,930.78 $20,316.93 $10,158.47 25,721.67 $30,866.00 $15,433.00 26,827.00 $32,192.40 $16,096.20New Prague 2,613.33 $3,136.00 $1,568.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00Belle Plaine 2,864.44 $3,437.33 $1,718.67 3,825.00 $4,590.00 $2,295.00 0.00 $0.00 $0.00Jordan 6,848.89 $8,218.67 $4,109.33 0.00 $0.00 $0.00 0.00 $0.00 $0.00Elko New Market 0.00 $0.00 $0.00 3,481.11 $4,177.33 $2,088.67 8,448.00 $10,137.60 $5,068.80County (Not in a City) 0.00 $0.00 $0.00 0.00 $0.00 $0.00 13,852.00 $16,622.40 $16,622.40TOTAL 83,682.44 100,418.93$ 50,209.47$ 88,597.45 106,316.94$ 53,158.47$ 91,767.00 110,120.40$ 63,371.40$ * Shares will be based on actual costs2020 (Estimated Cost) *2021 (Estimated Cost) *2022 (Estimated Cost) *Trail Preventative Maintenance Program CONSTRUCTION COOPERATIVE AGREEMENT TRAIL MAINTENANCE THIS AGREEMENT, made and entered into this day of , 2020, by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Savage, Minnesota, the City of Prior Lake, Minnesota, the City of New Prague, Minnesota, the City of Belle Plaine, Minnesota, the City of Jordan, Minnesota, the City of Elko New Market, Minnesota, the City of Waconia, Minnesota, the City of Eagan, Minnesota, hereinafter referred to as the “the Cities or City,” and all parties hereinafter collectively referred to as the “Parties” and individually as “Party”, all being political subdivisions of the State of Minnesota. RECITALS: A.The County and the Cities each have responsibility for trail maintenance of trails within their respective jurisdictions. B.The County and the City of Shakopee, Minnesota, the City of Savage, Minnesota, the City of Prior Lake, Minnesota, the City of New Prague, Minnesota, the City of Belle Plaine, Minnesota, the City of Jordan, Minnesota, the City of Elko New Market, Minnesota have agreed to cooperate in a five (5) year County led trail maintenance program (“CLTMP”) on trails along County Highways located within the City jurisdictions and have agreed to share in the cost of work covered under that plan equally between the impacted City jurisdiction and the County. C.All Parties seek to utilize a singular contracting procedure and one common contractor for each Party’s joint and individual trail maintenance projects. D.The County is willing, for itself and on behalf of the Cities, to annually prepare all bidding documents and conduct bidding services pursuant to Local and State laws for the trail maintenance services needed and desired by the Parties. E.This Agreement is made pursuant to the authority conferred upon the Parties pursuant to Minnesota Statutes 471.59. NOW, THEREFORE, IT IS HEREBY AGREED: 1.The recitals above are hereby restated and incorporated herein. 2.The Cities shall annually provide to the County maps showing the proposed locations for their individually requested trail maintenance services including estimating quantities thereof on or before December 1st prior to the construction year (ex: December 1, 2019 is the deadline for the 2020 construction year). 3.The County will prepare all estimates under the CLTMP on trails along County Highways. 4.The County shall prepare bid documents that include the individually submitted projects as well as the CLTMP projects for the given year and submit those documents to the Cities for review. The Cities shall respond with changes or approval, in writing, within two (2) weeks of receipt of the documents. 5.The County shall advertise for bids for the work and construction consistent with the approved documents, receive and open bids pursuant to said advertisement, and enter into a “Contract” with the successful overall bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties. 6.Project Work: The Parties will complete the contemplated contract work with the selected contractor with responsibility as set out herein. a.All work performed on trails along County Highways and/or initiated by the County will be considered CLTMP work and managed as a County project. b.Each Party shall coordinate with the contractor as to the timing of the actual work for their portion of the Contract work. c.Each Party shall have the authority in initiating and determining change orders and final quantities for their portion of the Contract work. d.Each Party shall be responsible for inspecting contractor’s work, measuring the quantities of materials provided and work performed, and approving and certifying progress of the contractor for their portion of the Contract work. 7.Payment: a.Project Costs - For work completed for a Party project in accordance with the Contract plans and specifications, the contractor will submit an itemized invoice to that Party separately for that portion of the Contract work. Upon the Party’s approval of the invoice, the participating Party will remit the approved invoice amount directly to the contractor according to the terms set forth in the Contract. b.Administration Fee – Contractor will submit copies of each Party’s directly billed invoices to the County. Each City shall pay the County, within thirty (30) days of receipt of an invoice from County, a fee for legal and administrative costs determined as a percentage of their actual total billed construction costs as follows: Actual Construction Cost Percentage $0-$49,999 1.50% $50,000-$100,000 1.00% Over $100,000 0.50% c.CLTMP Projects - For work covered by the CLTMP initially paid by County, County will invoice the Cities upon Contract closeout for fifty percent (50%) of the actual Contract costs based on the final measured amounts and the administration fee as set out above. Each City shall pay the County such amounts within thirty (30) days of receipt of the invoice. 8.It is agreed that each Party shall indemnify, save, and hold harmless the each of the other participating Parties, and all of their agents and employees from any and all claims, demands, actions, or causes of action, for whatever nature, arising out of the execution or performance of the work purchased for each Party under this Agreement, and that the participating Party further agrees to defend, at their sole costs and expense, any actions or proceedings commenced against their respective Parties for the purposes of asserting any claim of whatsoever character arising hereunder. The Parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1a and that the total liability for the Parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1. (a). 9.This Agreement shall be in effect until December 31, 2024. This Agreement may be executed in counterparts. 10.Additional parties may be added to this agreement upon the sole approval of County, proper approval of their governing body and execution of a counterpart of this Agreement. Upon addition of any party, a copy of the signature page and an updated contact list hereby incorporated and attached as Exhibit B will be provided by the County to all participating Parties. 11.Termination: a.Any City may terminate its participation in this agreement by giving written notice to the County at least sixty (60) days’ prior to the December 1 specifications due date. b.The County may terminate this Agreement by providing written notice to the Cities at least six (6) months prior to the December 1 specifications due date. 12.Since all Parties are a political subdivision of the State of Minnesota, each Party shall maintain a program of self-insurance or insurance covering general liability and automobile liability protecting itself, its officers, agents, employees and duly authorized volunteers against any usual and customary public liability claims to the limits prescribed under Minn. Stat. Sec. 466.04 and Workers’ Compensation in accordance with the Minnesota statutory requirements. Said coverage shall be kept in effect during the entire term of this Agreement. 13.All records kept by the Parties with respect to the Project shall be subject to examination by the representatives of each Party. All data collected, created, received, maintained or disseminated for any purpose by the activities of the County or Party pursuant to this Agreement shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted. 14.No Party, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the other Party for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the described maintenance, restoration, repair or replacement work by the other Party, or arising out of the negligence of any contractor under any contract let by another Party for the performance of said work; and each Party agrees to defend, save, keep and hold harmless the other, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by its officers, agents or employees. 15.It is further agreed that no Party to this Agreement shall be responsible or liable to the other or to any other person or entity for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each Party further agrees to defend at its sole cost and expense and indemnify the other Party for any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. Each Party’s obligation to indemnify the other under this clause shall be limited in accordance with the statutory tort liability limitation as set forth in Minnesota Statutes Chapter 466.04 to limit each Party’s total liability for all claims arising from a single occurrence, include the other Party’s claim for indemnification, to the limits prescribed under 466.04. It is further understood and agreed that the Party’s total liability shall be limited by Minnesota Statute Section 471.59, Subdivision 1(a) as a single governmental unit. 16.It is further agreed that any and all employees of each Party and all other persons engaged by a Party in the performance of any work or services required or provided herein to be performed by the Party shall not be considered employees, agents or independent contractors of the other Party, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged shall be the sole responsibility of the employing Party and shall not be the obligation or responsibility of the other Party. 17.The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of the County shall be considered a part of this Agreement as though fully set forth herein, including Exhibit A, which is attached and hereby incorporated. 18.The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the Parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder shall be those courts located with the County of Scott, State of Minnesota. Litigation, however, in the federal courts involving the Parties shall be in the appropriate federal court within the State of Minnesota. 19.In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the Parties unless such invalidity or non-enforceability would cause the Agreement to fail its purpose. One or more waivers by either Party of any provision, term, condition or covenant shall not be construed by the other Party as a waiver of a subsequent breach of the same by the other Party. IN TESTIMONY WHEREOF, The Parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF PRIOR LAKE (SEAL) By And Kirt Briggs, Mayor Michael Plante, City Administrator Date Date COUNTY OF SCOTT ATTEST: By By Lezlie A. Vermillion Barb Weckman- Brekke County Administrator Chair of Its County Board Date Date RECOMMEND FOR APPROVAL: Approved as to form: By By Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer Date Date IN TESTIMONY WHEREOF, The Parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF BELLE PLAINE (SEAL) By And Christopher G. Meyer, Mayor Dawn Meyer, City Administrator Date Date COUNTY OF SCOTT ATTEST: By By Lezlie A. Vermillion Barb Weckman- Brekke County Administrator Chair of Its County Board Date Date RECOMMEND FOR APPROVAL: Approved as to form: By By Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer Date Date IN TESTIMONY WHEREOF, The Parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SAVAGE (SEAL) By And Janet Williams, Mayor Brad Larson, City Administrator Date Date COUNTY OF SCOTT ATTEST: By By Lezlie A. Vermillion Barb Weckman- Brekke County Administrator Chair of Its County Board Date Date RECOMMEND FOR APPROVAL: Approved as to form: By By Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer Date Date IN TESTIMONY WHEREOF, The Parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF ELKO NEW MARKET (SEAL) By And Joe Julius, Mayor Thomas Terry, City Administrator Date Date COUNTY OF SCOTT ATTEST: By By Lezlie A. Vermillion Barb Weckman- Brekke County Administrator Chair of Its County Board Date Date RECOMMEND FOR APPROVAL: Approved as to form: By By Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer Date Date IN TESTIMONY WHEREOF, The Parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF JORDAN (SEAL) By And Tanya Velishek, Mayor Tom Nikunen, City Administrator Date Date COUNTY OF SCOTT ATTEST: By By Lezlie A. Vermillion David Beer County Administrator Chair of Its County Board Date Date RECOMMEND FOR APPROVAL: Approved as to form: By By Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer Date Date IN TESTIMONY WHEREOF, The Parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF NEW PRAGUE (SEAL) By And Chuck Nickolay, Mayor Michael Johnson, City Administrator Date Date COUNTY OF SCOTT ATTEST: By By Lezlie A. Vermillion Barb Weckman- Brekke County Administrator Chair of Its County Board Date Date RECOMMEND FOR APPROVAL: Approved as to form: By By Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer Date Date IN TESTIMONY WHEREOF, The Parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF EAGAN (SEAL) By And Mike Maguire, Mayor Dave Osberg, City Administrator Date Date COUNTY OF SCOTT ATTEST: By By Lezlie A. Vermillion Barb Weckman- Brekke County Administrator Chair of Its County Board Date Date RECOMMEND FOR APPROVAL: Approved as to form: By By Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer Date Date IN TESTIMONY WHEREOF, The Parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF WACONIA (SEAL) By And Kent Bloudek, Mayor Susan Arntz, City Administrator Date Date COUNTY OF SCOTT ATTEST: By By Lezlie A. Vermillion Barb Weckman- Brekke County Administrator Chair of Its County Board Date Date RECOMMEND FOR APPROVAL: Approved as to form: By By Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer Date Date Exhibit A Exhibit B Administrative Contact List Name City/County Phone Number Email Luke Simonson Scott County 952-496-8052 lsimonson@co.scott.mn.us Jake Theisen Prior Lake 952-447-9899 jtheisen@cityofpriorlake.com Andy Weldon Savage 952-224-3400 aweldon@ci.savage.mn.us Corey Schweich Elko New Market 925-224-6781 cschweich@ci.enm.mn.us Scott Haas Jordan 952-492-2535 haass@jordanmn.gov Al Fahey Belle Plaine 952-873-6742 publicworks@ci.belleplaine.mn.us Glen Sticha New Prague 952-758-4401 gsticha@ci.new-prague.mn.us Craig Eldred Waconia 952-442-4265 celdred@waconia.org Angie Ellison Eagan 651-485-0709 aellison@cityofeagan.com ITEM: 5E CITY COUNCIL AGENDA REPORT MEETING DATE: February 03, 2020 PREPARED BY: Ann Orlofsky, City Clerk PRESENTED BY: Ann Orlofsky AGENDA ITEM: Approve a Massage Therapy LIcense for Anette Coleman GOAL AREA Public Safety OBJECTIVE: 4. Ensure a safe and quality built environment. RECOMMENDED ACTION: Approve the massage therapy license request for Anette Coleman. BACKGROUND: Massage therapists are required to be licensed in the City of Prior Lake if they are not working directly under a state licensed practitioner such as a physical therapist or a chiropractor. Anette Coleman, has applied for a massage therapy license in order to practice massage therapy in Prior Lake. She is planning to practice in her clients’ homes. Ms. Coleman has provided the city with the required proof of education and training. Massage therapy licenses are issued on a calendar year, which would make this license valid from February 3, 2020 until December 31, 2020, at which time it would be subject to renewal along with all other licensed massage therapists in Prior Lake. FINANCIAL IMPACT: Ms. Coleman has paid the $105.00 annual license fee. ALTERNATIVES: 1. Motion and second to approve as a part of the consent agenda the massage therapy license request for Anette Coleman. 2. Motion and second to remove from the consent agenda for discussion. City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 ITEM: 7A CITY COUNCIL AGENDA REPORT MEETING DATE: February 3, 2020 PREPARED BY: Andy Brotzler, Public Works Director/City Engineer PRESENTED BY: Andy Brotzler AGENDA ITEM: Public Hearing to Consider Approval of a Resolution Ordering Improvements for the 2020 Mill and Overlay Project STR20- 000001 GOAL AREA Transportation & Mobility OBJECTIVE: 1. Maintain quality local street system based on a financially stable plan that meets Overall Condition targets. RECOMMENDED ACTION: The purpose of this agenda item is to receive comments on the 2020 Mill and Overlay Project and if appropriate, order the improvements. Approval of the resolution ordering the improvements requires a 4/5th vote. BACKGROUND: On November 4, 2019 the City Council ordered the preparation of a feasibility study. The feasibility study was necessary because a portion of the funding for this project is proposed to come from special assessments. State Statutes dictate that a feasibility study can be either initiated by a petition of the affected property owners, or at the direction of the City Council. This project was initiated at the direction of the City Council. Identification of the areas proposed for the mill and overlay in 2020 are a result of the City’s ongoing Pavement Management Program. The program was implemented to maximize the useful life of the City’s streets in a cost-effective manner. Based on the Pavement Management Program data and field reviews by City staff, the following streets were identified to be included in the 2020 Mill and Overlay Project. Street From To Windsor Lane Blind Lake Trail End Wellington Court Windsor Lane End Wyndam Court Windor Lane End Blind Lake Trail Fish Point Road 390ft past Windsor Lane Lexington Count Blind Lake Trail End Wilderness Trail Blind Lake Trail 50ft past Wilderness Trail Cul-De-Sac Crimson Court Blind Lake Trail End Cottonwood Lane Fish Point Road Adelmann Street SE Maps of the proposed project area are included in the Feasibility Report. City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 Item 7A Page | 2 The 2020 Mill and Overlay Project includes approximately 1.6 miles of roadway. The proposed work type for the project includes the full-width milling of streets and placement of a two-inch overlay. Unfortunately, the streets are of age and needing an overlay are streets that were constructed in the 1990’s, prior to the City’s design requirements of including a two-foot sand subgrade beneath the streets. Since these streets do not have the sand subgrade, they are more susceptible to movement due to the ground beneath them freezing and thawing which makes them crack. Therefore, when the City completes a mill and overlay of the street the cracks reflect from beneath the street up through the new pavement. This has raised concerns from residents who are being assessed for a new street surface and they see cracks appear within a year of the mill and overlay being completed. To address this concern, staff is recommending to continue with the placement of a chip seal prior to overlay of the road. This was first completed with the 2019 Mill and Overlay project. The process includes a full width mill of the entire street from curb to curb. Then prior to paving the new bituminous surface, a chip seal will be performed on the underlying pavement. The chip seal acts like an elastic buffer between the older pavement beneath and the new pavement above. This is called an underseal and has been used by a number of surrounding communities as well as Scott County. The City of Eden Prairie uses this method and they have seen great success in minimizing the amount of reflective cracking coming up through their mill and overlay projects. Replacement of the curb and gutter will still occur where there is cracked or damaged curb and in locations to improve drainage. The feasibility report provides additional detail on the project and explored the necessity of rehabilitating the roadways as part of the City’s on-going Street Improvement program. City Staff is prepared to discuss each of the concerns presented at the Public Hearing. If the Council deems the issues that have been brought up need to be addressed in the project plans and specifications, direction could be given to staff. The purpose of the Public Hearing is to determine if the project should move forward. The prosed assessments have been established according to the City’s 2020 Fee Schedule and are not dependent upon the actual construction costs. Per the Assessment Policy and 2020 Fee Schedule, the assessment rate in 2020 for street overlay projects is $1,290 for single family and $1,032 for multifamily (0.8 x 1,290). Commercial and industrial parcels are assessed based on their Residential Equivalent Density (RED). The assessment period is 5-years. Based on the age of the City’s existing streets, the City is entering a time period where more streets are in need of timely mill and overlay projects to extend their useful lives. The previous method of funding these projects put pressure on the tax levy. Utilizing special assessments brings greater equity to the City’s funding of transportation improvements. Item 7A Page | 3 At the January 6, 2020 City Council meeting, the Council accepted the feasibility report and scheduled the Public Hearing for February 3, 2020 FINANCIAL IMPACT: The 2020 Mill and Overlay Project is proposed to be financed by Special Assessments, tax levy and reserves of the Permanent Improvement Revolving (PIR) Fund. The 2020 budget anticipated a total cost of $700,000. The project as shown in the feasibility report is estimated at $680,000. Staff recommends moving forward with the project as presented. Once bids are received and the actual costs are known, streets segments can be eliminated from the project to stay within the $680,000 budget. The City Council can reduce the scope of the project at the time of award, but it is not possible to add street segments due to the notification and hearing requirements outlined in state statute 429. ALTERNATIVES: 1. Conduct the public hearing and approve a Resolution Ordering the Improvements for the 2020 Mill and Overlay Improvement Project, City Project STR20-000001. 2. Deny this item for a specific reason and provide staff with direction. ATTACHMENTS: 1. Resolution - Public Hearing to Consider Approval of a Resolution Ordering Improvements for the 2020 Mill and Overlay Project STR20-000001 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 20-024 A RESOLUTION ORDERING THE IMPROVEMENTS FOR THE 2020 MILL AND OVERLAY PROJECT Motion By: Second By: WHEREAS, The Prior Lake City Council on its own initiative has determined that it desires to complete the Public Improvements for the 2020 Mill and Overlay Project; and WHEREAS, On January 6, 2020; the City Council accepted the Feasibility Report and called for a Public Hearing to be held for the 2020 Mill and Overlay Project which includes bituminous surfacing and appurtenant work; and WHEREAS, Ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held on the 3rd of February 2020, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, Since the project was initiated by the City Council it must be approved by a 4/5ths vote in accordance with Minnesota Statutes 429.031 Subdivision 1(f). NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Such an improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 3. The City Council by the required statutory 4/5th vote does hereby order the project outlined in the feasibility report. 4. The Public Works Director is hereby designated as the Engineer for these improvements and is authorized to record project expenses in the Permanent Improvement Revolving Fund (#501-43500.00-55020-PIR20-000001) 5. The City Council authorizes the following preliminary funding source for the project: 6. The City Council authorizes the intent to issue General Obligation Bonds for this project. 7. Proceeds from the bond sale will be deposited in the Permanent Improvement Revolving Fund. 8. The City has determined to make a declaration of official intent (“Declaration”) to reimburse certain estimated costs for this project from proceeds of bonds expected to be in amount not to exceed $680,000 in accordance with the Internal Revenue Service Reimbursement Regulations (Treasure Req. 1.150-2). 9. The City may declare other separate statements of reimbursement intent in connection with specific public improvement projects as they are initiated under Minnesota Statutes, Chapter 429 and 475, or for other capital projects, with the understanding that such additional declarations of reimbursement intent will supplement this resolution. All reimbursed expenditures will be capital expenditures, cost of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations. Passed and adopted by the Prior Lake City Council this 3rd day of February 2020. VOTE Briggs Thompson Burkart Braid Erickson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager C:\\Users\\aorlofsky\\AppData\\Local\\Temp\\Resolution - Public Hearing to Consider Approval of a Resolution Ordering_624567\\Resolution - Public Hearing to Consider Approval of a Resolution O.docx 2