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HomeMy WebLinkAbout06-27-2016 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, June 27, 2016 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members Kusterman, Maher, Manthey and Rafferty City Administrator: Jeff Karlson CLOSED MEETING, 5:30 P.M. Council Work Room Prior to the Work Session, the Council will convene for a closed meeting to discuss a Memorandum of Understanding between the City of Lino Lakes and LELS. COUNCIL WORK SESSION, 6:00 P.M. Community Room (not televised) 1. Discuss Condensing Units Repair/Replacement Options Referred to July work session 2. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M.  Roll Call - Council Members Rafferty, Kusterman, Manthey, Maher, and Mayor Reinert were present  Pledge of Allegiance  Open Mike / Public Comment - none  Setting the Agenda: Addition or deletion of agenda items The agenda was approved as amended to remove Item 3A. 1. CONSENT AGENDA A) Consideration of Expenditures: i) June 27, 2016 (Check No. 103901 through 103989 in the amount of $566,030.08 B) Consider approval of June 6, 2016 Work Session Minutes Council Member Kusterman absent C) Consider approval of June 13, 2016 Council Meeting Minutes D) Consider Resolution No. 16-63, Approving a Temporary On-Sale Liquor License, a Cabaret License, an Exemption for Gambling Permit and Parade Run permit for the Annual St. Joseph’s Catholic Church August Festival E) Consider Approval of Check No. 103816 to Jorgenson Construction in the amount of $102,805.02. F) Consider Resolution 16-66, Peddler License for Insight Pest Solutions Council Agenda -2- June 27, 2016 EXPANDED AGENDA Action Taken: Motion by Rafferty, seconded by Manthey, to approve the Consent Agenda, Items 1A through 1F, as presented, was adopted; Council Member Kusterman abstained from voting on Item 1B 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Approval of Memorandum of Understanding with LELS Local No. 299, Jeff Karlson Deleted from agenda 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider Promotion of Paid On-Call Firefighters to rank of Fire Lieutenant Action Taken: Motion by Kusterman, seconded by Rafferty, to approve the promotions as recommended, was adopted 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Consider Resolution 16-60, Authorizing Application for Abatement/Addition of Special Assessment, 550 Lilac Street, Michael Grochala Action Taken: Motion by Kusterman, seconded by Manthey, to approve Resolution No. 16-60 as presented, was adopted B) Consider Resolution No. 16-62, Accepting Feasibility Study, NE Drainage Area Study, Diane Hankee Action Taken: Motion by Kusterman, seconded by Manthey, to approve Resolution No. 16-62 as presented, was adopted C) Watermark PUD Residential Community, Katie Larsen i) Consider Second Reading of Ordinance No. 04-16 to Rezone Property from R, Rural and R-BR, Rural-Business Reserve to PUD-Planned Unit Development Action Taken: Motion by Rafferty, seconded by Manthey, to approve 2nd Reading and adoption of Ordinance No. 04-16 as presented, was adopted: Yeas, 4; Nays none (Absent – Maher) D) Arnt Construction Company, Inc. Temporary Batch Plant, Katie Larsen i) Consider Resolution No. 16-58 Approving Interim Use Permit for Temporary Batch Plant Action Taken: Motion by Kusterman, seconded by Manthey, to approve Resolution No. 16-58 as amended to allow traffic on northbound Otter Lake Road, was adopted Council Agenda -3- June 27, 2016 EXPANDED AGENDA ii) Consider Resolution No. 16-59 Approving Site Improvement Performance Agreement Action Taken: Motion by Rafferty, seconded by Kusterman, to approve Resolution No. 16-59 as presented, was adopted E) Consider Resolution No. 16-61, Calling for Hearing on Tax Increment Financing Plan, Clearwater Creek Business Park, Michael Grochala Action Taken: Motion by Kusterman, seconded by Rafferty, to approve Resolution No. 16-60 as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Motion by Kusterman, seconded by Manthey, to adjourn at 7:25 p.m. was adopted Community Calendar – A Look Ahead June 27, 2016 through July 11, 2016 Monday, June 29 6:30 pm, Council Chambers Environmental Board Thursday, July 2 8:00 am, Community Room EDAC Monday, July 4 CLOSED INDEPENDENCE DAY Tuesday, July 5 6:00 pm, Council Chambers Council Work Session Monday, July 11 6:00 pm, Community Room Park Board Updated 6/24/2016 CITY COUNCIL AGENDA Monday, June 27, 2016 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members Kusterman, Maher, Manthey and Rafferty City Administrator: Jeff Karlson CLOSED MEETING, 5:30 P.M. Prior to the Work Session, the Council will convene for a closed meeting to discuss a Memorandum of Understanding between the City of Lino Lakes and LELS. Council Work Room COUNCIL WORK SESSION, 6:00 P.M. Community Room (not televised) 1. Discuss Condensing Units Repair/Replacement Options – To Follow 2. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call  Pledge of Allegiance  Open Mike / Public Comment  Setting the Agenda: Addition or deletion of agenda items 1. CONSENT AGENDA A) Consideration of Expenditures: i) June 27, 2016 (Check No. 103901 through 103989 in the amount of $566,030.08 B) Consider approval of June 6, 2016 Work Session Minutes Council Member Kusterman absent C) Consider approval of June 13, 2016 Council Meeting Minutes D) Consider Resolution No. 16-63, Approving a Temporary On-Sale Liquor License, a Cabaret License, an Exemption for Gambling Permit and Parade Run permit for the Annual St. Joseph’s Catholic Church August Festival E) Consider Approval of Check No. 103816 to Jorgenson Construction in the Amount of $102,805.02. F) Consider Resolution 16-66, Peddler License for Insight Pest Solutions 2. FINANCE DEPARTMENT REPORT No report Council Agenda -2- June 27, 2016 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Approval of Memorandum of Understanding with LELS Local No. 299, Jeff Karlson 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider Promotion of Paid On-Call Firefighters to rank of Fire Lieutenant 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Consider Resolution 16-60, Authorizing Application for Abatement/Addition of Special Assessment, 550 Lilac Street, Michael Grochala B) Consider Resolution No. 16-62, Accepting Feasibility Study, NE Drainage Area Study, Diane Hankee C) Watermark PUD Residential Community, Katie Larsen i) Consider Second Reading of Ordinance No. 04-16 to Rezone Property from R, Rural and R-BR, Rural-Business Reserve to PUD-Planned Unit Development *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance D) Arnt Construction Company, Inc. Temporary Batch Plant, Katie Larsen i) Consider Resolution No. 16-58 Approving Interim Use Permit for Temporary Batch Plant ii) Consider Resolution No. 16-59 Approving Site Improvement Performance Agreement E) Consider Resolution No. 16-61, Calling for Hearing on Tax Increment Financing Plan, Clearwater Creek Business Park, Michael Grochala 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar – A Look Ahead June 27, 2016 through July 11, 2016 Wednesday, June 29 6:30 pm, Council Chambers Environmental Board Thursday, July 2 8:00 am, Community Room EDAC Monday, July 4 CLOSED INDEPENDENCE DAY Tuesday, July 5 6:00 pm, Council Chambers Council Work Session Monday, July 11 6:00 pm, Community Room Park Board CITY COUNCIL WORK SESSION June 6, 2016 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : June 6, 2016 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 10:10 p.m. 6 MEMBERS PRESENT : Councilmember Rafferty, 7 Maher, Manthey and Mayor Reinert 8 MEMBERS ABSENT : Councilmember Kusterman 9 10 Staff members present: City Administrator Jeff Karlson; Community Development 11 Director Michael Grochala; City Planner Katie Larsen; City Engineer Diane Hankee; 12 Finance Director Sarah Cotton; Public Safety Director John Swenson; City Clerk Julie 13 Bartell 14 15 1. Review 2015 Annual Audit, CliftonLarsonAllen, LLP – Finance Director 16 Cotton noted a written presentation before the council and introduced auditor 17 representatives. 18 19 Daniel Persaud, CliftonLarsonAllen, began the PowerPoint presentation (on file). He 20 noted review of internal controls, adding that there were no weaknesses indicated. They 21 do review legal compliance and found no exceptions. Regarding required 22 communications, he noted the reasonable assurance, new accounting policies, significant 23 accounting estimates, the change in estimate for depreciation and adjustments. 24 25 The council reviewed slides indicating cash and investments, expenses and the 26 expendable net position. Mr. Persaud reviewed with the council a graph of the city’s 27 revenues and expenditures in order to see any significant changes. It was noted that the 28 change in finance systems has allowed the depreciation within funds to occur more 29 regularly. 30 31 Chris Knopik, CliftonLarsonAllen, continued the presentation. He reviewed information 32 on expenditures and transfers from the city funds. In looking at the water and sewer 33 fund, there is a one year dip in operating income but it is really related to the effect of the 34 previously explained depreciation catch-up and it will correct itself next year. Another 35 graph indicated that the spendable position of the water and sewer funds is rising. Debt 36 service for the next five years was presented in a graph. Also pointed out was the City’s 37 receipt of the GFOA Certificate of Excellence in Finance Reporting and Governmental 38 Accounting Standards Board (GASB) Statements. He noted finally that the change in 39 financial software is something they watch very carefully but that has been well managed 40 by the city. 41 42 Council Member Manthey noted the debt service graph and asked, looking past five 43 years, would it be typical to see debt going up and down? Mr. Knopik explained that it is 44 average to see debt coming on as other is paid off. Mayor Reinert suggested that 45 CITY COUNCIL WORK SESSION June 6, 2016 DRAFT 2 maintaining an even line on debt is favorable and allows the city to keep taxes from 46 rising. 47 48 It was noted that the audit consultants will be at the city council meeting to again present 49 the audit results. 50 51 2. VLAWMO Joint Powers Agreement – Mr. Grochala introduced Stephanie 52 McNamara, Administrator of the Vadnais Lakes Area Water Management Organization 53 (VLAWMO). The organization is created by a joint powers agreement among several 54 jurisdictions. 55 56 Ms. McNamara noted that VLAWMO represents a small area of Lino Lakes (Lake 57 Amelia) but the city is beautiful and they are happy to provide representation. They are 58 working on their ten year update of the water management plan. There are a few changes 59 proposed to the joint powers agreement and they are outlined in the staff report. At the 60 request of the Mayor, Ms. McNamara reviewed the changes proposed within the JPA. 61 62 Council Member Rafferty, who represents the City on the VLAWMO Board, confirmed 63 that the changes are basically updating and although this group represents a small portion 64 of the city, the work they do is important and he’s glad to be involved. 65 66 The council concurred that they will consider approval of the JPA at the council meeting. 67 68 3. 550 Lilac Assessment Appeal – Community Development Director Grochala 69 explained that the council considered this matter at a previous work session. It involves 70 an outstanding SAC fee and the sale of some property. He reviewed the history that 71 brings the matter forward and that is outlined in the staff report. Currently, the matter is 72 to be considered in court but the date for that hearing was moved to allow more 73 investigation and discussion. The charges under discussion have actually already been 74 paid to the Metropolitan Council from the city’s funds. 75 76 Mayor Reinert noted that the council has discussed different ways to approach this 77 situation – abatement, no change or a compromise. He sees that the building did receive 78 some benefit. He feels that the penalties attached are related to administrative errors so 79 they aren’t appropriate charges at this point. Also he recalls that Mr. Selehi paid for title 80 insurance services but now they will not assist with this problem. 81 82 Council Member Maher recalled that funds were put into escrow in order to allow a 83 liquor license at the property to go forward. 84 85 The council concurred that there should be no fees charged for late payment, etc. That is 86 not appropriate. 87 88 Mayor Reinert noted that the city would incur legal fees to go to court. He asked Mr. 89 Salehi if splitting the $6,300 (no late fees would be charged) would be acceptable. 90 CITY COUNCIL WORK SESSION June 6, 2016 DRAFT 3 91 Mr. Salehi noted that he has already spent $3,000 in attorney fees. Further he has paid 92 the value for the building in 2010 and now he is losing money. 93 94 Council Member Rafferty said he is inclined to waive only the fees. He sees there have 95 been improvements to the property and the $6300 assessment should stand. 96 97 The council discussed the schedule of when the assessment actually appeared against the 98 property. Originally, the city wasn’t aware of the sale and was still dealing with the 99 previous owner. 100 101 Community Development Director Grochala noted a process that would allow the costs to 102 be reassessed to the property and spread over five years for payment. 103 104 Mayor Reinert remarked that the council is attempting to work this out in a fair and 105 reasonable way for Mr. Salehi and for the taxpayers. He suggests that Mr. Salehi let the 106 city know when he has made a decision on the offer to settle the matter. 107 108 4. Watermark – Mattamy Homes – City Planner Larsen presented an update on the 109 proposed development (presentation on file). Actions for the council are included on the 110 next council agenda. 111 112 The mayor asked the council bring forward any concerns: 113 114 - Don’t see anything problematic; the developer has responded to concerns as they 115 come up; 116 - Don’t like townhomes; would like to see larger lots; homes without three-car 117 garages are not desirable; 118 - Pricing information was requested (low to high); current projects run mid-200’s to 119 $500,000 - $600,000; 120 - What will the home owner association (HOA) include (staff explained the 121 elements of the master HOA; the townhomes will have additional HOA and each 122 neighborhood will probably have sub HOAs; much will be market driven); the developer 123 representative explained that an HOA is actually set up after a development occurs; 124 - Traffic is a concern for the mayor – there will be a lot of cars using 20th Avenue 125 and he wonders about moving that to a four-lane; it will be very busy at certain times. 126 Staff explained that traffic counts don’t warrant a four-lane roadway based on study; 127 - The berm and screening was mentioned by the mayor, making sure that is 128 adequate especially adjacent to interstate; 129 - The mayor asked about the concept that the project would be divided between 130 three different school districts and is there a way to deal with that. The developer 131 representative explained that they are already looking at the prospect of adjusting lines 132 but there is little likelihood of achieving one school district for the whole area. A council 133 member noted that open enrollment is an option when considering schools; 134 CITY COUNCIL WORK SESSION June 6, 2016 DRAFT 4 - Council Member Maher suggested that the developer choose one garbage 135 collector to avoid problems in the future; 136 - Mayor Reinert doesn’t want all the park dedication fees to be absorbed ahead of 137 time; he’d like to see some of that funding available to work with; the council discussed 138 phasing of park development. 139 140 Mayor Reinert noted that this is the largest development to occur to this point in Lino 141 Lakes. He asked about issues because it’s important to understand if there’s something 142 that should change prior to considering formal council approval. 143 144 Les Winter, a city resident who was present in the audience, said, regarding the school 145 district question, you can request the legislature to change the taxation from one school 146 district to another. 147 148 The mayor noted that the matter will be on Monday’s agenda but if more time is needed 149 that is okay. 150 151 5. NE Area Drainage Study – City Engineer Hankee noted that the feasibility study 152 for this project will come to the council on June 27; it has been reviewed by the 153 Environmental Board. An option for a more green, open channel has been developed. 154 Another consideration is flexibility for future development and that resulted in a new 155 alignment. 156 157 Katy Thompson, WSB and Associates, noted comments heard on the proposal and 158 options developed. In the end, going with Option 4 outlined in the report seemed to 159 provide the most. They have met with Rice Creek Watershed District about using the 160 existing ditch but upgraded. Using an open channel makes more sense than a large pipe 161 for future development considerations. 162 163 Ms. Hankee indicated that staff is working on grant opportunities. 164 165 Mayor Reinert noted the $4 million plus cost; how would that be funded. Staff noted 166 estimates included in the staff report. Ms. Hankee explained the funding concept of 167 utilizing city Surface Water Management funds and seeking grants, perhaps through the 168 watershed district. The mayor wondered how much would be coming from the 169 Watermark development and staff noted it is in the area of $2 million but some of that 170 would be going back to them for their work on the system. Community Development 171 Director Grochala further discussed financing and noted that staff may soon be speaking 172 with the city’s financial advisor, Springsted, Inc. about financing options. 173 174 Mayor Reinert asked about timing for the project and Ms. Thompson noted that Mattamy 175 really needs to have something in place as they move ahead. The matter is coming to the 176 council soon. 177 178 CITY COUNCIL WORK SESSION June 6, 2016 DRAFT 5 6. FEMA Floodplain Update – City Engineer Hankee and Katy Thompson of WSB and 179 Associates reported. Ms. Hankee noted that staff had previously been directed by the 180 council to provide additional information to impacted residents. They are proposing a 181 newsletter update and a website that could be linked to the city’s website. (The proposed 182 website and features included was reviewed.) 183 184 Mayor Reinert noted that city resident Brian Fossey is present and he’s been involved in 185 some research on the subject. Mr. Fossey suggested that the process for the update has 186 been ambiguous and the overlay used is not definitive and he has found that the resulting 187 maps are not very precise. It’s got a plus or minus of two feet and then you bring in the 188 contures. It’s an especially difficult process and in a low lying area such as Lino Lakes 189 and there is great impact. He received notice from his mortgage company that they will 190 need flood insurance even though they built their home with original knowledge of the 191 elevation and now that’s not enough. He mentioned that there is a website noted by city 192 staff that provides additional insight. From that he learned that to qualify for a reduced 193 insurance cost, he needs a certain certificate. He’s concerned that FEMA should be 194 notifying property owners and not mortgage companies. He is also concerned that 195 people who don’t have a mortgage don’t find out about the situation and may pass on a 196 property without proper knowledge. He also touched on the process of going through 197 FEMA for a map change. He has discovered that FEMA seems to be rolling this out 198 nationwide and he’s actually spoken with people from other states. The most recent 199 development is that the City of Anoka has residents impacted and they are taking an 200 aggressive stand in fighting this (helping property owners to get an exclusion). There are 201 questions arising about whether or not FEMA should have rolled this out with the data 202 they have used. 203 204 Ms. Thompson explained the large scale review that the FEMA takes and how 205 discrepancies can occur. 206 207 Mr. Fossey noted that there are exceptions on record based on past information. Ms. 208 Thompson explained that the system can be unfair but currently it is based on certain 209 rules. 210 211 Mayor Reinert suggested that he would like to see a different track. This is based on 212 erroneous data and FEMA will continue to practice this unless they are challenged. Ms. 213 Thompson noted that there are cities on the west coast who have been fighting it for ten 214 years. She added that FEMA doesn’t actually create the data but are provided with it and 215 will continue to use that until it is corrected if need be. Mayor Reinert remarked that it 216 is a mess and it can’t be allowed to proceed unchecked; Ms. Hankee added that Anoka 217 County has put this on their radar screen also and may be asking more questions. 218 219 Mayor Reinert asked how the city can back away from its involvement and Mr. Grochala 220 suggested the city would have to remove its flood plain ordinance and would then no 221 longer quality for flood insurance. Mr. Grochala suggested that “the chain” is mostly 222 involved and that is something that could be restudied. Mayor Reinert suggested that 223 CITY COUNCIL WORK SESSION June 6, 2016 DRAFT 6 developing something more accurate would be more palpable for people. Mr. Grochala 224 noted the finer information would still not be available without survey. Mr. Fossey added 225 that everyone that he knows who has purchased the flood insurance have been told that 226 the rates will be going up significantly next year although he doesn’t know why. 227 228 Mayor Reinert noted that information given and proposed is good and it’s also good to 229 hear of the county and a congressman pushing back on this. He can’t live with the 230 mistakes and bad data involved in this whole process. 231 232 Council Member Manthey asked Mr. Fossey if the mortgage company gave him a 233 timeline and he responded that he was allowed 45 days to sign up. Ms. Thompson added 234 that the timeline would depend upon the lender. 235 236 Ms. Hankee reviewed the council’s direction to get information to the residents and to 237 join efforts to challenge the bad information involved in the process. Ms. Thompson 238 noted that the city can participate in an accreditation process that will lower premiums for 239 those people that continue to need the coverage. Mayor Reinert suggested the city 240 should proceed on that. 241 242 Staff and the council discussed the involvement of the Rice Creek Watershed District in 243 providing data used for the maps. Mayor Reinert indicated that he will contact them for 244 further discussion. 245 246 7. American Legion Parking Lot – Community Development Director Grochala 247 noted the written staff report. The city has pretty much explored options from its 248 standpoint. The Legion has recently indicated that they are discussing submitting a 249 formal proposal that may include financing. 250 251 8. Business Subsidy Criteria Amendment – Community Development Director 252 Grochala explained that there is a council and EDA item coming to the council on 253 Monday involving this subject matter. There is certain criteria that are in place and 254 changes are recommended by the city’s bond counsel. The amendments are included in 255 the staff report and were reviewed by staff. The process will include a public hearing 256 and legal staff will be present. 257 258 Mayor Reinert asked what prompts the changes and Mr. Grochala noted a development 259 and timing that are linked to cleaning up the criteria. 260 261 9. United Properties 35E Distribution Center/TIF Request – Community 262 Development Director Grochala noted that this project has been discussed and is moving 263 to the advisory board process. The development site itself is 56 acres and it would 264 consist of an 8 acre building. A preliminary estimate of new value is about $18 million. 265 There are flood plain implications, public improvements for streets, and the developer is 266 requesting tax increment. The city’s financial consultants are looking at an application. 267 The city would capture six years’ worth of increment to be provided back (estimate $1.2 268 CITY COUNCIL WORK SESSION June 6, 2016 DRAFT 7 million). More information will be coming to the July work session. The ballpark for 269 tax base would be about $700,000 but that includes payments to local, school, county. 270 This would be an expansion project of Distribution Alternatives, an existing business in 271 town. He discussed that the developers have looked at land in Centerville also. 272 273 The report is intended to be an update for the council as the matter will next be going to 274 the Planning and Zoning Board. Staff is recommending it be postponed because there is 275 some outstanding information needed. 276 277 The council discussed the job element. Staff indicated the possibility of 120 full time 278 jobs and some seasonal based on the warehouse nature of the facility. 279 280 Looking ahead, Mr. Grochala expects they will be at the next work session and a public 281 hearing scheduled at the council level following that. 282 283 10. Council Updates on Boards/Commissions – 284 285 North Metro Telecommunications – Council Member Maher reported that the board 286 reviewed the results of a recent 2015 audit. There is interest in expanding services to 287 cities through use of their drone. HD upgrade is on schedule. 288 289 Mayor Reinert noted there was an awesome event last weekend at the new fire house. It 290 was well done by the public safety department. 291 292 11. Monthly Progress Report - Administrator Karlson reviewed the written report. 293 294 - Veterans Memorial, Mr. Karlson asked if council would like to discuss further based on 295 council visits to four possible sites. Council Member Rafferty said he doesn’t have new 296 information but would still speak in favor of the civic center location and against adding a 297 memorial to an open space that may be use for activities. Other council members and 298 the mayor suggested that they could support the island area with some persuasion. 299 Community Development Director Grochala noted his idea of a recreation area/complex 300 that is named for veterans and would support the American Legion baseball team on 301 fields. That concept could include a smaller monument but be a place to bring kids and 302 families regularly. 303 304 12. Review Regular Agenda – The regular council agenda of June 13, 2016 was 305 reviewed. 306 307 The meeting was adjourned at 10:10 p.m. 308 309 These minutes were considered, corrected and approved at the regular Council meeting held on 310 June 27, 2016. 311 312 313 CITY COUNCIL WORK SESSION June 6, 2016 DRAFT 8 314 315 Julianne Bartell, City Clerk Jeff Reinert, Mayor 316 317 COUNCIL MINUTES June 13, 2016 APPROVED 1 CITY OF LINO LAKES 1 MINUTES 2 3 4 DATE : June 13, 2016 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 8:28 p.m. 7 MEMBERS PRESENT : Council Member Rafferty, Kusterman, Maher, 8 Manthey, and Mayor Reinert 9 MEMBERS ABSENT : none 10 11 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 12 Grochala; City Planner Katie Larsen; Director of Public Safety John Swenson; Finance Director Sarah 13 Cotton; City Engineer Diane Hankee; and City Clerk Julie Bartell 14 15 PUBLIC COMMENT 16 17 No one was present to address the council regarding a matter not on the agenda. 18 19 SETTING THE AGENDA 20 21 The agenda was approved as amended to remove Item 3D, to be discussed at a closed meeting on 22 June 27, and to moved Item 6D forward for discussion, and to add a new item requested by Council 23 Member Maher. The council also removed a payment to Jorgenson Construction from the 24 expenditures for further discussion and consideration at a future meeting. 25 26 CONSENT AGENDA 27 28 Council Member Rafferty moved to approve the Consent Agenda, as amended. Council Member 29 Maher seconded the motion. Motion carried on a voice vote. 30 31 ITEM ACTION 32 33 Consideration of Expenditures: 34 35 June 13, 2016 (Check No. 103800 – 36 103900, $435,860.53) Approved 37 as amended 38 39 May 23, 2016 Council Work Session Minutes Approved 40 41 May 23, 2016 City Council Meeting Minutes Approved 42 43 Consider Resolution 16-36, Approving a Special Event 44 Permit for F & M Bank Approved 45 COUNCIL MINUTES June 13, 2016 APPROVED 2 46 Consider Resolution 16-46, Peddler License for Rove 47 Pest Control Approved 48 49 Consideration of not waiving monetary limits on tort 50 liability per MN Statute 466.04 Approved 51 52 Consider Resolution No. 15-69, Approving a Special 53 Event Permit for Fiesta Cancun Approved 54 55 Consider approval of May 23, 2016 Board of Appeal Approved 56 Minutes 57 58 Consider Resolution No. 16-52, Approving the Renewal 59 of Liquor, Wine, Beer and Dance licenses for the 60 2016/2017 licensing period Approved 61 62 Consider approval of Resolution 16-53, 2016/2017 63 Tobacco License Renewals Approved 64 65 Consider approval of May 23, 2016 Closed Council 66 Minutes Approved 67 68 Consider Resolution 16-57, Peddler License for Aptive 69 Pest Control Approved 70 71 FINANCE DEPARTMENT REPORT 72 73 2A) Consider Accepting 2015 Audit Report, CliftonLarsonAllen, LLP- Finance Director Sarah 74 Cotton introduced representatives of CliftonLarsonAllen, LLP, who performed the city’s audit for 75 2015. Following their report, she recommends that the council accept the results of the audit. 76 77 Chris Knopik, CliftonLarsonAllen, LLP, reviewed a Powerpoint presentation (on file). Thanks were 78 offered to city finance staff for their assistance in conducting the audit. This being the first year they 79 have worked with the city’s new Finance Director, it speaks well for the process in place to allow for 80 a smooth transition. 81 82 Council Member Kusterman moved to accept the results of the 2015 audit as presented. Council 83 Member Rafferty seconded the motion. Motion carried on a voice vote. 84 85 ADMINISTRATION DEPARTMENT REPORT 86 3A) Consider 2nd Reading of Ordinance No. 01-16, Regarding Open Burning Permits – City 87 Administrator Karlson noted that staff is recommending that the council approve 2nd Reading and 88 adoption of this ordinance that changes the city code to indicate that open burning permits will now 89 be issued by the City’s Fire Division. 90 COUNCIL MINUTES June 13, 2016 APPROVED 3 Council Member Kusterman moved to waive the full reading of the ordinance as presented. Council 91 Member Maher seconded the motion. 92 Council Member Kusterman moved to approve the 2nd Reading and adoption of Ordinance No. 01-06 93 as presented. Council Member Maher seconded the motion. Motion carried: Yeas; 5; Nays none. 94 3B) Consider 2nd Reading of Ordinance No. 02-16, Regarding Enforcement of State Fire 95 Code – City Administrator Karlson noted that staff is recommending that the council approve 2nd 96 Reading and adoption of this ordinance that authorizes the city’s public safety director to administer 97 and enforce the provisions of the Minnesota State Fire Code. 98 Council Member Rafferty moved to waive the full reading of the ordinance as presented. Council 99 Member Maher seconded the motion. 100 Council Member Rafferty moved to approve the 2nd Reading and adoption of Ordinance No. 02-16 as 101 presented. Council Member Maher seconded the motion. Motion carried: Yeas; 5; Nays none. 102 C) Amendments to Licensing Ordinance 103 i. Consider Second Reading and Adoption of Ordinance No. 03-16, Amending Title 104 600, Chapters 601, 611, 612 and 615 of the Lino Lakes Code of Ordinances Relating to Business 105 and Activity Licenses 106 City Clerk Bartell noted that staff is recommending that the council approve 2nd Reading and adoption 107 of this ordinance that changes several areas of the city code that are needed in order to allow the city 108 continued access to the Bureau of Criminal Apprehension data base for the purpose of conducting 109 background checks for city licensing and employment purposes. 110 Council Member Maher moved to waive the full reading of the ordinance as presented. Council 111 Member Kusterman seconded the motion. 112 Council Member Kusterman moved to approve the 2nd Reading and adoption of Ordinance No. 02-16 113 as presented. Council Member Rafferty seconded the motion. Motion carried: Yeas; 5; Nays none. 114 ii. Consider Resolution No. 16-49, Authorizing Summary Publication of Ordinance 115 No. 03-16 - City Clerk Bartell requested that the council approve the resolution authorizing summary 116 publication. 117 Council Member Rafferty moved to approve Resolution No. 16-49 as presented. Council Member 118 Maher seconded the motion. Motion carried on a voice vote. 119 120 PUBLIC SAFETY DEPARTMENT REPORT 121 4A) Consider acceptance of CenterPoint Energy Community Partnership Grant – Public Safety 122 Director Swenson explained that staff is requesting acceptance of a grant to be used toward the update 123 of communications equipment. He noted that CenterPoint Energy will be making a formal presentation 124 at the June 27, 2016 council meeting. 125 Council Member Maher moved to accept the grant as recommended. Council Member Rafferty 126 seconded the motion. Motion carried on a voice vote. 127 4B) Consider hiring of two PT Community Service Officers – Public Safety Director Swenson 128 reported that there are two CSO positions open within the Police Division, one being the addition of a 129 COUNCIL MINUTES June 13, 2016 APPROVED 4 position to support the ACE Program. Based on a thorough hiring process, he is recommending hiring 130 two candidates. Mayor Reinert recalled the council’s discussion about the ACE program that gives 131 residents a second chance on tickets; it’s been very popular and additional staff is needed and would be 132 supported by revenue from the program. 133 Council Member Maher moved to approve the hiring of Jonathan Tomczik and Nicholas Small as 134 recommended. Council Member Manthey seconded the motion. Motion carried on a voice vote. 135 136 PUBLIC SERVICES DEPARTMENT REPORT 137 138 There was no report from the Public Services Department. 139 140 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 141 142 6A) Century Farm North 6th Addition: i. Consider Resolution No. 16-43 Approving PUD 143 Final Plan/Final Plat 144 ii. Consider Resolution No. 16-44 Approving Development Agreement 145 iii. Consider Resolution No. 16-45 Approving Maintenance Agreement for Stormwater 146 Management Facilities 147 148 City Planner Larsen noted that city staff has been working with the developer on this project for a 149 couple of years. She reviewed the history that brings the project to this point including the location 150 of the project, the number of lots included, park dedication fees anticipated, land use and 151 transportation plan compliance, planning and zoning review. The resolution before the council 152 approves the final plan and final plat, development agreement and a maintenance agreement. She 153 noted the presence of the developer. Mayor Reinert noted that the development has been reviewed by 154 the council several times and so the council is quite familiar. 155 156 Council Member Kusterman moved to approve Resolution No. 16-43 as presented. Council Member 157 Manthey seconded the motion. Motion carried on a voice vote. 158 159 Council Member Kusterman moved to approve Resolution No. 16-44 as presented. Council Member 160 Manthey seconded the motion. Motion carried on a voice vote. 161 162 Council Member Kusterman moved to approve Resolution No. 16-45 as presented. Council Member 163 Manthey seconded the motion. Motion carried on a voice vote. 164 165 6B) Watermark PUD Residential Community: i. Consider Resolution No. 16-50 Approving 166 Comprehensive Plan Amendment 167 ii. Consider First Reading of Ordinance No. 04-16 Rezoning Property from R, Rural and 168 R-BR, Rural-Business Reserve to PUD, Planned Unit Development 169 iii. Consider Resolution No. 16-51 Approving PUD Development Stage Plan/Preliminary 170 Plat 171 172 City Planner Larsen reviewed the details of the proposed development (using a PowerPoint 173 presentation, on file): 174 COUNCIL MINUTES June 13, 2016 APPROVED 5 - Location within the city; 175 - Challenges of the site including lack of natural amenities and soil conditions; 176 - The inclusion of the northeast drainage project; 177 - The broad picture AUAR of the past and how that fits this development; 178 - The master planning process involved; 179 - The inclusion of recreation and open space consistent with guidance for the area; 180 - A trail plan for the development; 181 - Although no commercial component is included, nearby commercial will serve the area and 182 create a mixed use; 183 - A density chart indicated net and gross density; 184 - A front view of the different types of homes proposed and proposed square footage for homes; 185 - Key amenities, including a bridge entrance, landscaping and signage; 186 - The Park Board has been working with the developer in creation of a master plan for park 187 development that will be included in the initial stage of construction; 188 - A proposed 4,000 square foot private recreation center, HOA maintained and operated; 189 - The traffic impact study and trips proposed was reviewed; the study included review of peak 190 level of service after improvements; 191 - Cul-de-sacs were reviewed along with the width of the streets within the development and 192 location of hydrants; 193 - Architectural design standards (to be reviewed in greater detail in final plans); 194 - Elevations, with explanation that each will be reviewed further as they come in; 195 - Development agreements that will be coming forward; 196 - Findings of fact; 197 198 Council Member Rafferty requested more information on the exterior of the homes. The exterior 199 materials were reviewed and the developer representative indicated that LP would be the most 200 popular based on current trends in demand. 201 202 Ms. Larsen concluded by noting that the proposed development meets the city’s goals and plans for 203 the area. She reviewed the vote of the Planning and Zoning Board and the action items requested of 204 the council at this time. 205 206 Mayor Reinert stated that this is the largest housing development proposed in the history of the city. 207 It’s a concept that has been on the table for two years. There is a lot to like about the development 208 and many elements the council has argued for during the process. This location is off the interstate 209 but will be protected by a large berm and will include a trail that runs through the development. 210 There is an advantage in not developing the area piecemeal; the master plan bring amenities, better 211 density, savings on utilities, laid out better, etc. He’s fond of having the park amenities developed 212 early in the plan to be utilized earlier. He’d like to see all streets at 32 feet. The traffic patterns 213 would probably develop differently with separate developments also. He also likes the quality of life 214 provided by fifty percent of the lots backing up to open space. He has long been a proponent of low 215 density and sees that this is coming in low. He is aware there is support on the council and 216 anxiousness to move forward but the council could take a couple weeks if necessary for review. 217 218 COUNCIL MINUTES June 13, 2016 APPROVED 6 Council Member Kusterman noted that the Planning and Zoning Board voted four to two on the 219 Comprehensive Plan amendments and that relates to lack of commercial included. He’d like to 220 understand more about their concern. Ms. Larsen noted that the area is guided mixed use and she 221 believes those members felt that the guidance should be followed; overall she doesn’t feel they had 222 problems with the development. She added that staff received some insight from experts in the area 223 and feels that commercial isn’t viable. Mayor Reinert noted that this developer doesn’t do 224 commercial as part of their projects so it isn’t a discussion item for them; he sees the commercial 225 coming eventually. 226 227 Council Member Maher noted the inclusion in this project of a water reuse plan to use water from the 228 lake for the townhomes and public park area. City Engineer Hankee explained that the water reuse 229 is limited to those areas because high use is expected and more than that may require the addition of 230 infrastructure to bring water in; expanding the water reuse program would be a consideration for the 231 future. 232 233 The mayor called for the council to voice any concerns about the development. 234 235 The developer representative responded to the mayor’s remark about widening the streets. They have 236 found that buyers want smaller streets to slow the traffic. 237 238 Council Member Manthey thanked city staff, in particular Ms. Larsen, for presenting even small 239 changes regularly so the council has been able to digest changes as they have come forward. He sees 240 this as a win/win even on commercial where people will be moving in to support the current 241 commercial. 242 243 Council Member Rafferty remarked on the process of working with Mattamy Homes. He’d prefer 244 wider streets also and doesn’t necessarily like the variety of widths. Overall he sees that the positives 245 of the development far outweigh the negatives. This comes forward after much hard work and the 246 size of this development and one developer doing it is a real positive. He asked if other Mattamy 247 developments have included the community facility and the developer representative explained where 248 smaller developments have included smaller facilities and a larger development in Lakeville includes 249 a similar size facility. They are looking less at pools and more at work-out facilities which are more 250 popular and are also working on an office setting for resident use (with a coffee bar). 251 252 Council Member Rafferty noted that homeowner associations will be an important element in this 253 development; that will provide necessary rules and regulations in a large development. He wants to 254 see that included up front. 255 256 Council Member Maher asked if there are other developments of this scale already built. The 257 representative said none built at this point but underway. 258 259 Council Member Kusterman moved to approve Resolution No. 16-50 as presented. Council Member 260 Manthey seconded the motion. Motion carried on a voice vote. 261 262 COUNCIL MINUTES June 13, 2016 APPROVED 7 Council Member Kusterman moved to approve the 1st Reading of Ordinance No. 04-16 as presented. 263 Council Member Manthey seconded the motion. Motion carried on a voice vote. 264 265 Council Member Kusterman moved to approve Resolution No. 16-51 as presented. Council Member 266 Rafferty seconded the motion. Motion carried on a voice vote. Mayor Reinert noted that this is 267 preliminary and there will be changes. He asked about staging and Ms. Larsen responded that there 268 will undoubtedly be many stages and but those are yet to be determined. 269 270 6C) Public Hearing; Consider Resolution No. 16-54, Approving Amended and Restated 271 Business Subsidy Policy – Community Development Director Grochala noted that the resolution 272 comes forward from the public hearing held earlier before the city’s Economic Development 273 Authority (EDA). He introduced the EDA’s legal counsel, Julie Eddington, of Kennedy & Graven. 274 275 Ms. Eddington explained that she has been working with city staff on this revised policy that will 276 comply with the Business Subsidy Act in place. This will apply to both the City and EDA. Also the 277 amendment adds a wage goal. 278 279 Mayor Reinert said he sees this as basically a housekeeping item that will keep the city up to date on 280 this policy. 281 282 Council Member Kusterman moved to approve Resolution No. 16-54 as presented. Council Member 283 Maher seconded the motion. Motion carried on a voice vote. 284 285 Mayor Reinert opened the public hearing. There being no one present wishing to speak, the public 286 hearing was closed. 287 288 6D) Consider Resolution No. 16-55, Approving Acquisition of Permanent Easement, Old 289 Birch Street Cul De Sac – Community Development Director Grochala reviewed the written report 290 requesting approval of a permanent easement relating to the Saddleclub Development. To do the cul-291 de-sac, this easement is required. The cost has been negotiated and will be covered by the developer. 292 293 Council Member Rafferty moved to approve Resolution No. 16-55 as presented. Council Member 294 Maher seconded the motion. Motion carried on a voice vote. 295 296 6E) Consider Resolution No. 16-56, Calling for Hearing, I-35W North Corridor 297 Improvements – City Engineer Hankee reviewed the written staff report calling for a hearing to 298 consider the I35W improvements. The majority of the improvements are to the south of the city 299 however a small portion and a noise wall impact the city. The improvements are scheduled for 2022. 300 The public hearing will be to consider municipal consent on the project. 301 302 Council Member Manthey asked if there is already an easement to provide for the wall and City 303 Engineer Hankee said it will be within the existing MnDOT right/of/way. 304 305 Council Member Kusterman moved to approve Resolution No. 16-56 as presented. Council Member 306 Manthey seconded the motion. Motion carried on a voice vote. 307 COUNCIL MINUTES June 13, 2016 APPROVED 8 6F) Consider Resolution No. 16-48, Approving the Revised Joint Powers Agreement to 308 Protect and Manage the Vadnais Lake Area Watershed - Community Development Director 309 Grochala reviewed the written report. The resolution approves city participation in a revised joint 310 powers agreement with the Vadnais Lake Area Watershed District that represents an area of the city. 311 He briefly reviewed the changes to the agreement. Staff is recommending approval of the action. 312 313 The executive director of the organization attended the council work session and the council fully 314 reviewed changes at that time. 315 316 Council Member Rafferty moved to approve Resolution No. 16-48 as presented. Council Member 317 Maher seconded the motion. Motion carried on a voice vote. 318 319 UNFINISHED BUSINESS 320 321 There was no Unfinished Business. 322 323 NEW BUSINESS 324 325 Council Member Maher had indicated that she had a new matter for discussion. She has decided that 326 the information is more appropriate for a work session and she will bring that forward in July. 327 328 COMMUNITY EVENTS 329 330 MONTHLY RECYCLE DAY will be held at Lino Park (7850 Lake Drive) on Saturday, June 18 from 331 10:00 a.m. to 2:00 p.m. See city website for a list of accepted items. 332 333 COMMUNITY CALENDAR 334 335 Community Calendar – A Look Ahead 336 June 13, 2016 through June 27, 2016 337 Thursday, June 16 6:30 pm, Community Room Charter Commission 338 Monday, June 27 6:30 pm, Community Room Council Work Room 339 Monday, June 27 6:30 pm, Council Chambers City Council Meeting 340 341 ADJOURN 342 343 There being no further business, Council Member Kusterman moved to adjourn at 8:28 p.m. Council 344 Member Manthey seconded the motion. Motion carried unanimously. 345 346 These minutes were considered and approved at the regular Council Meeting, June 27, 2016. 347 348 349 350 351 Julianne Bartell, City Clerk Jeff Reinert, Mayor 352 353 CITY COUNCIL AGENDA ITEM 1D STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: June 27, 2016 TOPIC: Resolution No. 16-63, Approving an Application for a Temporary On-Sale Liquor License, a Cabaret License and an Exemption for Gambling Permit and a Parade Run for the Annual St. Joseph’s Catholic Church August Festival VOTE REQUIRED: 3/5 INTRODUCTION St. Joseph Church is hosting its annual August Festival on Saturday, August 13 and Sunday, August 14, 2016. BACKGROUND As part of the festival, food and beverages including strong beer and wine will be served. Although temporary on-sale liquor licenses are issued by the Minnesota Department of Public Safety, local approval is required. Staff has verified that St. Joseph’s Church is eligible under local ordinance for a temporary license. The Church has also made application to acquire a cabaret license. Bands will be playing live music in the church parking lot on Saturday from 5:00 p.m. to 11:00 p.m. and Sunday from 11:00 to 6:00 p.m. The Church has also applied for an Exempt Permit to allow charitable gambling. Non-profit organizations are allowed under State gambling laws to apply for an exempt permit if they conduct fewer than five (5) gambling occasions per year. St. Joseph Catholic Church conducts fewer than five. The Church has also applied for a Parade/Run event permit requesting city permission to conduct this activity. The event is a 5K Run starting at St. Joseph’s Parish church on Elm Street and running along the routes indicated on the attached map. There will be bathrooms available at the church as well as basic first aid. It anticipates there will be approximately 100 participants. The applications and the certificate of liability Insurance has been submitted to cover all of the above events and is filed in the office of the City Clerk. The proper fees have been paid. The Police Department has reviewed the application and has signed off on the permit with the understanding that the applicants will continue to follow their instructions on safety. The applicant must also have in place all necessary permissions for use of property involved in the event if private. RECOMMENDATION Approval of Resolution No. 16-63, Approving an Application for a Temporary On-Sale Liquor License, a Cabaret License, an Exemption for Gambling Permit and a Parade/Run permit for the Annual St. Joseph’s Catholic Church August Festival. ATTACHMENTS Map of the Race Resolution 16-53 CITY OF LINO LAKES RESOLUTION NO. 16-63 Approving Applications for a Temporary Liquor License, Cabaret License, Lawful Gambling Permit and a Parade/Run Permit for the Annual Festival at St. Joseph’s Catholic Church WHEREAS, St. Joseph’s Catholic Church has made application for a temporary on-sale liquor license, a cabaret license, an exempt lawful gambling permit and parade/run permit for their annual Summer Festival to be held August 13th and 14th, 2016; and WHEREAS, city staff has reviewed the applications submitted for festival events (temporary on-sale liquor, exempt gambling, cabaret and parade/run) for concurrence with city regulations; and WHEREAS, it is recommended that volunteers along the 5K run route have a cell phone to call 911 in case of an emergency and to have a first aid kit along the route as well as at St. Joseph’s Church. WHEREAS, the Permits are contingent on the background investigations being conducted by the Public Safety Department; and WHEREAS, St. Joseph’s Catholic Church has paid the required license fees; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: That the City Council hereby approves a temporary on-sale liquor license, a cabaret license, an application for exemption for gambling permit and a parade/run permit for the 2016 St. Joseph’s Catholic Church Festival. Adopted by the Council of the City of Lino Lakes this 27th day of June, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member _____ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _____________________ Jeff Reinert, Mayor ATTEST: ___________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR: Jeff Karlson MEETING DATE: June 27, 2016 TOPIC: Payment of Invoice from Jorgenson Construction, Inc. VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to authorize Check No. 103846 to Jorgenson Construction, Inc. in the amount of $120,805.02. BACKGROUND During the regular meeting on June 13, the City Council excluded from the approved List of Expenditures an invoice in the amount of $120,805.02 from Jorgenson Construction for further discussion. The Accounts Payable/Payroll Clerk was not informed right away the following day that the check should be withheld, so it was mailed. Michael Grochala will update the Council on the status of fire station construction project. RECOMMENDATION Authorize payment of Check No. 103846. ATTACHMENTS Expenditures from June 13th Council agenda, which includes Jorgenson Construction invoice. CITY COUNCIL AGENDA ITEM 1F STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk MEETING DATE: June 27, 2016 TOPIC: Resolution No. 16-66, Approving a Peddler License for Insight Pest Solutions VOTE REQUIRED: 3/5 BACKGROUND A representative from Insight Pest Solutions, 6834 Washington Avenue South, Eden Prairie, MN has submitted a peddler’s license application to the city clerk's office. The company representatives who will be working in Lino Lakes Devin Shurtliff , Griffin Kasper, Eric Adams and Ryan Evans. They plan to travel through Lino Lakes’ neighborhoods going door to door offering Pest Control Services to interested potential clients. The City has received all the necessary forms required to issue this company a license. The Lino Lakes Public Safety Department has performed a background check and indicated no reason to deny the application. The application and all other required information is on file in the city clerk's office for review. RECOMMENDATION Approve Resolution No. 16-66, approving the issuance of a Peddler License for a six month period contingent on the background checks. CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 16-66 APPROVING A PEDDLER LICENSE FOR INSIGHT PEST SOLUTIONS WHEREAS, Devin Shurtliff, Representative for Insight Pest Solutions, has submitted a peddlers license application to the city clerk's office; and WHEREAS, Insight Pest Solutions has complied with all of the provisions of Chapter 613 of the Lino Lakes City Code for obtaining the necessary license; and WHEREAS, the Lino Lakes Public Safety Department has conducted a background check on the company representatives that will be working in Lino Lakes; NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the request of Devin Shurtliff , Griffin Kasper, Eric Adams and Ryan Evans, Insight Pest Solutions, to travel throughout Lino Lakes offering pest control services for a period of six- months. The Public Safety Department has completed the necessary background checks and indicated no reason to deny the application. Adopted by the Council of the City of Lino Lakes this 27th day of June, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________ and was duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _____________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Jeff Karlson MEETING DATE: June 27, 2016 TOPIC: Memorandum of Understanding with LELS Local #299 VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to consider a Memorandum of Understanding that will allow residential cross- trained police officers to act as paid-on-call firefighters. BACKGROUND As part of the integration of fires services in the Public Safety Department, staff recommended a fire stipend for current police officers who successfully complete all required firefighter training and the certifications. In September 2014 the City Council approved a $1.30 per hour stipend for staff upon the successful completion of the State of Minnesota firefighter certification process. In February 2015, the City and LELS Local No. 299 entered into a Memorandum of Agreement that specified the following: (1) police officers may volunteer to be trained as Lino Lakes’ firefighters; (2) an officer will receive premium pay of $1.30 per hour whether performing licensed police officer or firefighter duties; (3) firefighter-trained officers are not obligated to respond to fire calls while they are off-duty; and (4) firefighter-trained officers who respond to a fire call while off-duty will be paid at their overtime rate. During recent contract negotiations with LELS No. 299, the patrol officers proposed that the Memorandum of Agreement be revised to include language providing that responses to fire calls, while officers are off-duty, would be subject to the minimum hours’ provision in Article 14 of their contract. At the same time, Public Safety Director John Swenson pointed out the department has police officers living within the required nine-minute response time who wanted to go on more fire calls. Subsequently, Mr. Swenson proposed an innovative solution that would allow cross-trained officers who live within a nine-minute drive to respond to fire calls as paid-on-call firefighters. The attached Memorandum of Understanding effectively creates a program for residential police officers (“RPO’s”) to act as paid-on-call firefighters while off-duty. The RPO’s would be paid at the top paid-on- call wage rate and would become eligible for the annual $5,000 contribution towards the statewide volunteer firefighter pension fund. The City benefits by increasing its number of responders to fire calls and by not having to pay the regular overtime rate for a cross-trained police officer. RECOMMENDATION Staff recommends approval of the Memorandum of Understanding between the City of Lino Lakes and Law Enforcement Labor Services, Inc., Local No. 299. ATTACHMENTS Memorandum of Understanding MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into between the City of Lino Lakes (“City”) and Law Enforcement Labor Services, Inc., Local #299 (“Union”). WHEREAS, the City and the Union are parties to a 2016-2017 collective bargaining agreement (“CBA”); WHEREAS, Union members are licensed police officers whose duties have been limited to law enforcement; WHEREAS, the City resolved to utilize and train licensed Lino Lakes police officers in the capacity of firefighters; WHEREAS, the CBA does not provide compensation that recognizes the firefighter training or performance of firefighter duties; NOW, THEREFORE, the parties agree that: 1. Lino Lakes’ police officers may volunteer to be trained as Lino Lakes firefighters (hereinafter cross-trained police officers). The City reserves the right to add or reduce crossed-trained police officers based on the fire staffing needs of the organization. 2. Upon successful completion of firefighter training (Fire 1, Fire 2, and Hazmat), an officer will receive premium pay of $1.30 per hour, in addition to any other premium pay, for all hours worked as a Lino Lakes police officer, whether performing licensed police officer or firefighter duties. 3. Continuing education for cross-trained officers will occur on-duty when possible or follow past-practice training guidelines. 4. Cross-trained officers are not obligated to respond to fire calls while they are off-duty. 5. Cross-trained officers who respond to a fire call while off-duty will be paid at their overtime rate. Cross-trained officers who respond to a fire call shall receive a minimum of one hour pay at the overtime rate and calculated in 15-minute intervals thereafter. Cancellation of a fire call while an officer is in transit to the fire hall is not subject to the minimum hours provision, but is subject to the overtime rate for the officer’s actual round-trip transit time at the time of cancellation. 6. When a cross-trained officer responds to a fire call in their off-time, the officer is to respond only in their capacity as a firefighter. 7. Employer will provide firefighter-related equipment (e.g. turnout gear) and any necessary replacements to all employees who have completed Firefighter 1, Firefighter 2 and HazMat training. Employer will not deduct such costs from the employee’s Clothing Allowance. 8. Employer will pay all related fees for firefighter certification and recertification. 9. The term cross-trained residential police officer (“RPO”) shall apply to only those officers who live within a nine-minute drive from either Lino Lakes Fire Station 1 or Station 2. Drive time is calculated by normal, non-emergency driving in normal traffic conditions. 10. RPO’s will bring their turn-out gear home with them or leave their gear at their assigned Fire Station during their off-duty time. RPO’s will have a 15-minute paid early leave at the end of each police shift to allow time to bring the turn-out gear to their assigned Fire Station. 11. RPO’s will be paid at the top hourly wage as set by the City Council in the Resolution Establishing Compensation Plan for Paid On-Call Fire Personnel. 12. RPO’s shall be eligible for the firefighter pension when the RPO responds to a minimum of 20% (or the minimum standards established) of eligible fire calls that occur during their off-duty hours and schedule one Saturday and one Sunday a quarter as the primary on-call responder. On-call days will be scheduled through the District Chief. An eligible fire-call is a call that generates a paid-on call firefighter response. 13. For each year an RPO complies with the requirements of paragraph 12 above, $5,000.00 will be contributed to the officer’s firefighter pension fund. It is the parties’ intent that the Memorandum of Agreement regarding firefighter training and compensation for police officers signed by the City and the Union on April 25, 2016 and April 29, 2016, respectively, is hereby rescinded by the execution of this Agreement. It is further agreed that this Memorandum of Understanding shall continue as an addendum to the current labor agreement until such time as a successor agreement is negotiated. FOR LAW ENFORCEMENT FOR THE CITY OF LABOR SERVICES, INC.: LINO LAKES: (LOCAL #299) _____________________________ _____________________________ Business Agent Date Date _____________________________ _____________________________ CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: Public Safety Director John Swenson MEETING DATE: June 27, 2016 TOPIC: Fire Lieutenant Promotions VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Public Safety Department is requesting council approval to promote four Paid On-call Firefighters to the rank of Fire Lieutenant. BACKGROUND The Fire Lieutenant promotion process included: 1. Cover letter and resume 2. Leadership & Management Assessment 3. Initial Interview Process – two interview panels 4. Administrative Interview This promotional process has been extensive and has identified fire lieutenant candidates that will continue the proud tradition of providing high quality public safety services. The 2016 Approved Budget is funded for 4 fire lieutenant positions, which provides two fire lieutenants per fire station. RECOMMENDATION Staff recommends the Council approve the promotion of Derek Sadowski, Kevin Sweeney, Brooke Jacobson, and Jeff Frid to Fire Lieutenant effective July 1, 2016. ATTACHMENTS None CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: June 27, 2016 TOPIC: Consider Resolution No. 16-60 Authorizing Application for Abatement/Addition of Special Assessment, 550 Lilac Street. VOTE REQUIRED: 3/5 INTRODUCTION Staff if requesting City Council consideration to authorize application for abatement and addition of special assessment for 550 Lilac Street. BACKGROUND Mr. Morteza Salehi, owner of the Apollo Business Center located at 550 Lilac Street, appeared before the City Council on April 25, 2016. Mr. Salehi was present to request council consideration to abate a delinquent utility charge that was levied against his property as a special assessment. The City Council requested that the item be placed on the work session agenda for discussion. In March of 2010 a building permit for interior remodel was obtained by the former owner of the Apollo Business Center. The addition of showers, after the fact, resulted in a Met Council Sewer Availability Charge (SAC) redetermination. Based on the change in use three units of (SAC), totaling $6,300 became due. No SAC was collected. Mr. Salehi, acquired the property in September of 2010. Based on his statements he was not aware of any outstanding fees when he purchased the property. In 2012, following a SAC review by Met Council Environmental Services, the City informed the owners that SAC, in the amount of $6,300 was owed. A second notice was sent in February of 2013. In October of 2013 the City Council approved an assessment of the property for the unpaid SAC. The assessment should have been certified against the property for taxes payable in 2014. However, in October of 2014 the City was informed that the assessment had been erroneously applied against the wrong property. The SAC was reassessed as an “Add as Omitted” special assessment in for taxes payable in 2015. Mr. Salehi disputed the validity of the SAC since it was charged prior to his acquisition of the property. He subsequently filed an Objection to Notice of Delinquent Taxes with the District Court. Neither the City or Mr. Salehi received any status update to the objection. Mr. Salehi followed up on his objection in April of 2016 and found that no action had been taken. A hearing was scheduled for May 10, 2016. The hearing was delayed while the City Council and Mr. Salehi discussed resolution to the dispute. Following discussions with Mr. Salehi at the June 6, 2016 work session an agreement was reached to abate the interest and penalties and split equally the original $6,300 charge. The $3,150 would be levied as special assessment payable over 5 years. An abatement agreement providing for the special assessment has been executed by Mr. Salehi for consideration by the City Council. The proposed interest rate is 4% based on the City’s Public Improvement Financing Policy. RECOMMENDATION Staff is recommending approval of Resolution No. 16-60, Authorizing Application for Abatement/Addition of Special Assessment. ATTACHMENTS 1. Resolution No. 16-60 2. Abatement Agreement and Release document CITY OF LINO LAKES RESOLUTION NO. 16-60 RESOLUTION AUTHORIZING APPLICATION FOR ABATEMENT/ADDITION OF SPECIAL ASSESSMENT WHEREAS, the City Council for the City of Lino Lakes previously adopted Resolution No. 14-119, which imposed a special assessment on 550 Lilac Street, PIN 17-31-22-21- 0027 (“Subject Property”) in the amount of $6,835.24; and WHEREAS, with interest, County costs, and penalties, the total amount of the special assessment imposed by Resolution No. 14-119 against the Subject Property is now $9,060.68; and WHEREAS, the owners of the Subject Property challenged the validity of the assessment imposed by Resolution No. 14-119 by filing an Objection to Notice of Delinquent Taxes in Anoka County District Court (File No. 02-CV-15-690); and WHEREAS, the City Council reviewed a proposed “Abatement Agreement and Release of All Claims” regarding the property owners’ dispute; and WHEREAS, the owners of the Subject Property have indicated a willingness to resolve the dispute on the terms described in the Abatement Agreement and Release of All Claims. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes as follows: 1. The benefits to the City of Lino Lakes of the proposed Abatement Agreement and Release of All Claims is at least equal to the costs of the proposed agreement. 2. Granting the proposed abatement of the special assessment imposed by Resolution No. 14-119 is in the public interest as it will increase or preserve the tax base. 3. The Mayor and City Clerk are authorized and directed to sign the Abatement Agreement and Release of All Claims and to take any other steps necessary to finalize the Abatement Agreement and the dismissal of Court File No. 02-CV-15-690. 4. The Director of Finance is directed to make application for abatement to Anoka County for: 550 and Lilac Street, PIN 17-31-22-21-0027 in the amount of $9,060.68 (original amount of $6,835.24) to be deleted from Fund #84677. 5. In accordance with the terms of the Abatement Agreement and Release of All Claims, the Council hereby levies a special assessment against 550 Lilac Street, PIN 17-31-22-21-0027, on the following terms: A. Principal Amount: $3,150.00. B. Duration: Five years. C. Interest Rate: 4%. D. Fund Number: 85006. 6. The Director of Finance is directed to make application to Anoka County to levy the special assessment described in Paragraph 5. 7. The Council further requests that the Anoka County Board of Commissioners takes the appropriate action to assist the City with resolution of this dispute in accordance with the terms of the Abatement Agreement and Release of All Claims and this Resolution. Adopted by the City Council of the City of Lino Lakes this 27th day of June, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member ______________ and was duly seconded by Council Member ______________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ______________________ Jeff Reinert, Mayor ATTEST: ______________________ Julianne Bartell, City Clerk ABATEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Agreement is entered into on _______________, 2016, by and between the City of Lino Lakes, a Minnesota municipal corporation, Namar Property, LLC, a Minnesota limited liability company and Dena Property, LLC, a Minnesota limited liability company (Namar Property and Dena Property collectively referred to as “Owners”). Recitals A. Owners hold title to the parcel located at 550 Lilac Street in Lino Lakes, PID 17- 31-22-21-0027 (the “Property”) on which is located a building known as the Apollo Center. B. In March 2010, the former owner of the Property obtained a building permit for construction of an Anytime Fitness facility within the Apollo Center. At that time, three units of Sewer Availability Charges (“SAC”) became owed in the amount of $6,300, pursuant to state and local regulations. The SAC were not collected when the building permit was issued. C. The Owners acquired title to the Property in September 2010. In November 2012, the City informed the Owners that SAC in the amount of $6,300 was owed. D. In October 2013, the City Council approved an assessment of the Property for the unpaid SAC. E. Anoka County erroneously applied the assessment against the wrong property. F. In October 2014, the City assessed the SAC against the Property as an “Add as Omitted” special assessment pursuant to Minnesota Statutes chapter 272. G. The assessment remains unpaid and as of the date of the execution of this Agreement, is in the amount of $8,865.13, including penalties, interest and County costs. H. The Owners dispute the validity of the SAC given that it was assessed subsequent to their acquisition of the Property, and filed an Objection to Notice of Delinquent Taxes (Court File No. 02-CV-15-690). I. The Parties wish to amicably resolve this dispute without further expense. NOW, THEREFORE, in consideration of the above, the covenants and promises contained in this Agreement, including the relinquishment of certain legal rights, and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows: 2 1. The City will take all necessary steps to abate the “Add as Omitted” special assessment against the Property. 2. The City will replace the “Add as Omitted” special assessment with a special assessment in the amount of $3,150, payable over five years, at an interest rate to be determined at the time the special assessment is levied. 3. The Taxpayers agree that the special assessment described in Paragraph 2 is proper and waive all rights to challenge the special assessment described in Paragraph 2 of this Agreement. 4. Within one week of the execution of this Agreement, the Owners will file a stipulation of dismissal with prejudice with the Anoka County District Court, File No. 02-CV-15-690. 5. In consideration of the City’s abatement of the “Add as Omitted” special assessment and its replacement with the special assessment described in Paragraph 2, the Owners, for themselves, their heirs, administrators, representatives, successors and assigns, and anyone who obtains rights or claims from any Owner, hereby unconditionally releases and forever discharges the City, its current and former City Council members, agents, employees, representatives, insurers, and attorneys (“Released Parties”) from any and all actions, causes of action, liability, claims, and demands whatsoever that are based on the “Add as Omitted” special assessment and/or the special assessment described in Paragraph 2. This release of all claims specifically includes, but is not limited to, any claim or demand for payment by the City based on alleged loss revenue, inability to develop the Property, or denial of any permit to the Property because of the unpaid assessment amount, as well as any and all claims regarding the validity of the “Add as Omitted” special assessment or the Special Assessment described in Paragraph 2 or the authority of the City to levy either special assessment. This release of claims applies to claims that are known, unknown, asserted, or unasserted as of the date of this Agreement. 6. This Agreement will be governed by the laws of the State of Minnesota. 7. The provisions of this Agreement shall be severable, and if any provision hereof or the application of any such provision under any circumstance is held invalid, it shall not affect any other provision of this Agreement or the application of any provision hereof. 8. The Agreement shall for all purposes be deemed to have been mutually drafted. 3 9. The effective date of this Agreement is the date upon which it is fully executed by all Parties. 10. This Agreement constitutes the entire agreement between the Parties relating to the subject matter discussed herein. No Party has relied upon any statements or promises that are not set forth in this Agreement. No changes to this Agreement are valid unless they are in writing and signed by all the Parties. By signing below, each Party acknowledges that it read this Agreement, that it had an opportunity to review this Agreement with legal counsel, and that it understands and agrees to be legally bound by this Agreement. NAMAR PROPERTY, LLC Dated:______________________ By: ________________________ Morteza Salehi-Mashaei, Manager 313 Heritage Trail Circle Pines, MN 55014 CITY OF LINO LAKES Dated:______________________ By: ________________________ Jeff Reinert, Mayor 600 Town Center Parkway Lino Lakes, Minnesota 55014 DENA PROPERTY, LLC Dated: _____________________ Morteza Salehi-Mashaei, Manager 313 Heritage Trail Circle Pines, MN 55014 ATTEST: Dated:______________________ By: ________________________ Julianne Bartell, City Clerk 600 Town Center Parkway Lino Lakes, Minnesota 55014 RRM: 232646 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: June 27, 2016 TOPIC: Consider Resolution No. 16-62, Accepting Feasibility Study, NE Area Drainage Study VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council acceptance of the feasibility study for the NE Area Drainage Study. BACKGROUND The City Council authorized preparation of a feasibility study for the NE Area Drainage Study on September 14, 2015 to provide surface water management to land lying north of Main Street between the City of Hugo and Peltier Lake. The surface water in the northeast area of Lino Lakes is landlocked inhibiting site improvements within this area. The area has been historically landlocked until the installation of agricultural field drains in the early 20th century. These agricultural drains are now at capacity and are incompatible with future development within the watershed. In addition the agricultural drains do not provide water quality benefits to the receiving waterbody, Peltier Lake. A majority of this watershed currently drains to the south via field drains to Clearwater Creek. Clearwater Creek is impaired for aquatic life and has had a history of significant bank erosion problems. Multiple alternatives were considered and refined with input from land owners, potential developers, neighboring communities, the Rice Creek Watershed District (RCWD), the Minnesota Department of Transportation and the Minnesota Department of Natural Resources. As a condition of the project, a Comprehensive Surface Water Management Plan (CSMP) is in development. The CSMP and the associated surface water modeling includes regional water quality best management practices (BMPs), stormwater volume and rate control improvements, and a new outlet to Peltier Lake. The CSMP also includes design standards for future developments in the Northeast area. Peltier Lake is impaired for nutrients and it is imperative that the new system does not adversely impact the lake and other downstream interests. The proposed project will benefit nearly 1,300 acres and includes:  A new stormwater conveyance system;  Multi-purpose regional stormwater management facilities;  Pedestrian trail extensions; and  Improvements to Peltier Lake Drive The project will be implemented using a phased approach based on preliminary development patterns. The phases and cost per phase are as follows: Development Phase Cost Phase 1 – Peltier Lake Outlet Improvements $2,248,023 Phase 2 – I-35E Crossing $750,914 Phase 3 – East Side Improvements $639,925 Phase 4 – West Side Improvements $557,491 TOTAL COST $4,196,353 Funding for the project will be through surface water management fees, and potential grants from Rice Creek Watershed District (RCWD), Minnesota Board Water and Soil Resources (BWSR), and the Public Facilities Authority (PFA). The Environmental Board recommended approval of the feasibility study with the addition that water quality be improved beyond what is required by permitting and as possible. RECOMMENDATION Staff is recommending approval of Resolution No. 16-62 Accepting Feasibility Study, NE Area Drainage Study. ATTACHMENTS 1. Resolution No. 16-62 2. NE Drainage Area Feasibility Study CITY OF LINO LAKES RESOLUTION NO. 16-62 ACCEPTING FEASIBILITY REPORT NE AREA DRAINAGE STUDY WHEREAS, by a resolution passed by the City Council on September 14, 2015, the City Engineer was directed to prepare a Feasibility Study related to the NE Area Drainage Study; and WHEREAS, the City has identified the need to develop a surface water management system to convey surface water from land lying north of Main Street between the City of Hugo and Peltier Lake; and WHEREAS, the Feasibility Report provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed; the estimated cost of the improvement as recommended; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that: The NE Area Drainage Study be accepted to provide a plan for improvements to manage surface water from land lying north of Main Street between the City of Hugo and Peltier Lake. Adopted by the Council of the City of Lino Lakes this 27th day of June, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member _____ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _____________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk   City of Lino Lakes 600 Town Center Parkway, Lino Lakes, MN 55014 June 27, 2016 Northeast Lino Lakes Drainage Improvement Project City of Lino Lakes Anoka County, Minnesota WSB Project No. 2029-790 FEASIBILITY REPORT Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 NORTHEAST LINO LAKES DRAINAGE IMPROVEMENT PROJECT FOR THE CITY OF LINO LAKES June 27, 2016 Prepared By: WSB & Associates, Inc. 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 763-541-4800 763-541-1700 (Fax) CERTIFICATION Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Kathleen A. Thompson, PE Date: June 27, 2016 Lic. No. 52136 Quality Control Review By: Diane L. Hankee, PE Date: June 27, 2016 Lic. No. 43338 TABLE OF CONTENTS Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 TITLE SHEET CERTIFICATION SHEET TABLE OF CONTENTS 1. EXECUTIVE SUMMARY ........................................................................................... 1  2. INTRODUCTION.......................................................................................................... 3  2.1. Authorization .......................................................................................................... 3  2.2. Scope ....................................................................................................................... 3  2.3. Data Available ........................................................................................................ 3  2.4. Project History ........................................................................................................ 3  3. EXISTING CONDITIONS ........................................................................................... 5  3.1. Drainage Areas and Drain Tile ............................................................................... 5  3.2. Storm Sewer ............................................................................................................ 5  3.3. Receiving Waters .................................................................................................... 6  3.4. Existing Site Limitations......................................................................................... 6  4. PROPOSED IMPROVEMENTS ................................................................................. 8  4.1. Alternatives Considered .......................................................................................... 8  4.2. Proposed Drainage Improvements ........................................................................ 10  4.3. Storm Sewer and Stormwater Management ......................................................... 10  4.4. Storm Water Quality ............................................................................................. 11  4.5. Permits and Approvals .......................................................................................... 11  4.6. Right-of-Way / Easements .................................................................................... 12  4.7. Project Phasing...................................................................................................... 12  4.8. Private Utilities ..................................................................................................... 13  4.9. Wetlands ............................................................................................................... 13  5. FINANCING ................................................................................................................ 14  5.1. Opinion of Probable Construction Cost ................................................................ 14  5.2. Funding Sources.................................................................................................... 14  6. PROJECT SCHEDULE .............................................................................................. 15  7. FEASIBILITY AND RECOMMENDATION .......................................................... 16  8. REFERENCES ............................................................................................................. 17  Appendix A – Figures Appendix B – Northeast Lino Lakes Comprehensive Stormwater Management Plan October 1, 2015 Draft Performance Specifications Appendix C – Wetland Report Appendix D – Summary of Options Considered Appendix E – Conceptual Layout and Details Appendix F – Opinion of Probable Cost Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 Page 1 1. EXECUTIVE SUMMARY The surface water in the Northeast Area of Lino Lakes is landlocked, inhibiting site improvements within this area. The area was historically landlocked until the installation of agricultural field drains in the early 20th Century. These agricultural drains are now at capacity and are incompatible with future development within the watershed. In addition, the agricultural drains do not provide any water quality benefits to the receiving waterbody, Peltier Lake. The Northeast area of Lino Lakes (Appendix A, Figure 1) is bound by Main Street to the south, the City of Hugo to the east, and Peltier Lake to the west, and Rehbein Street to the north. The area includes portions of Lino Lakes, Centerville, and Hugo. Land use in this area is predominantly agricultural. A majority of this watershed currently drains to the south to Clearwater Creek via field drains. Clearwater Creek is impaired for aquatic life and has had a history of significant bank erosion problems. Multiple alternatives have been considered to address the surface water needs for this area and are detailed further within this report. The proposed project alternative was refined with input from land owners, potential developers, neighboring communities, the Rice Creek Watershed District (RCWD), the Minnesota Department of Transportation, and the Minnesota Department of Natural Resources. As a condition of the project, a Comprehensive Surface Water Management Plan (CSMP) is in development. The CSMP and the associated surface water modeling includes regional water quality best management practices (BMPs), stormwater volume and rate control improvements, and a new outlet to Peltier Lake. The CSMP also includes design standards for future developments in the Northeast Area. Peltier Lake is impaired for nutrients and it is imperative that the new system does not adversely impact the lake and other downstream interests. The proposed project will benefit nearly 1,300 acres and includes:  A new stormwater conveyance system;  Multi-purpose regional stormwater management facilities;  Pedestrian trail extensions; and  Improvements to Peltier Lake Drive The project will be implemented using a phased approach based on preliminary development patterns. The phases and cost per phase are as follows: Development Phase Cost Phase 1 – Peltier Lake Outlet Improvements $2,248,023 Phase 2 – I-35E Crossing $750,914 Phase 3 – East Side Improvements $639,925 Phase 4 – West Side Improvements $557,491 TOTAL COST $4,196,353 Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 Page 2 Funding for the project will be through surface water management fees and potential grants from Rice Creek Watershed District (RCWD), Minnesota Board Water and Soil Resources (BWSR), and the Public Facilities Authority (PFA). This project is feasible, necessary, and cost-effective from an engineering standpoint and should be constructed as proposed herein. Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 Page 3 2. INTRODUCTION 2.1. Authorization On September 14, 2015, the City of Lino Lakes City Council authorized the preparation of an engineering feasibility report for the Northeast Lino Lakes Drainage System Improvements. 2.2. Scope The Northeast Lino Lakes Drainage Improvement Project consists of upsizing an existing culvert outlet to Peltier Lake and providing a new stormwater conveyance system to handle future runoff from the project area. The project includes a combination of traditional storm sewer and open channel conveyances, in addition to multi-purpose regional stormwater management facilities. These facilities will provide flood control and water quality treatment beyond the traditional permit requirements for development. This project would also alleviate some the capacity issues with the existing field drains to facilitate development in the project area. The project area can be seen in Appendix A, Figure 1 and encompasses the northeast section of Lino Lakes, north of Main Street and east of Peltier Lake, as well as portions of Centerville and Hugo that discharge water into the study area boundary. The objective is to develop a reginal storm water management plan to allow development of the property while protecting existing natural resources. This will be accomplished through storm water conveyance, water quality improvements, and runoff rate and volume control. 2.3. Data Available Information and materials used in the preparation of this report include the following:  Rice Creek Watershed District (RCWD) record drawings  RCWD topographic maps and GIS data  RCWD hydrologic and hydraulic modeling files  City of Lino Lakes 2030 Comprehensive Plan [September 12, 2011]  City of Lino Lakes Parks, Natural Open Space/Greenways, and Trail System Plan [2004]  City of Lino Lakes Surface Water Management Plan [2005]  City of Lino Lakes I-35E Corridor Alternative Urban Areawide Review (AUAR) [2005]  City of Lino Lakes record drawings and GIS data  City of Hugo 2030 Comprehensive Plan [2010]  Anoka County LIDAR contour information  Field observations of the area  Additional references detailed in Section 8 2.4. Project History A Comprehensive Stormwater Management Plan (CSMP) is in development with input from the RCWD. This plan identifies the existing conditions and proposes a solution to provide surface water management within the study area. Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 Page 4 The CMSP results in the establishment of performance standards to be followed for future developments in the northeast drainage area. The standards allow for phasing of development while limiting adverse impacts to neighboring properties and waterbodies. RCWD will use the CSMP performance standards to permit within the northeast drainage area. The following is a brief summary of the CSMP performance standards:  Development of regional storage facilities to limit discharges into Peltier Lake  Gated operation of the regional storage facilities to be operated by the City  Minimize the risk of flood impact (downstream or upstream) to downstream structures, infrastructure, and land currently within the floodplain  Volume control through water reuse within the drainage area The entirety of the draft performance standards are in a RCWD letter dated October 1, 2015 Appendix B. Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 Page 5 3. EXISTING CONDITIONS 3.1. Drainage Areas and Drain Tile The Northeast Area is serviced by three Anoka County drainage systems: Anoka County Ditch (ACD) 72 and Judicial Ditch (JD) 2 in the north; and ACD 55 in the south (Appendix A, Figure 2). ACD 72 and JD 2 discharge directly to Peltier Lake while ACD 55 enters Clearwater Creek, or Judicial Ditch (JD) 3, to the south before discharging into Peltier Lake. The remainder of the study area surface flows directly to Peltier Lake. The county ditches within the study area are all agricultural drain tile systems that serve an area of approximately 1,300 acres within Lino Lakes, Centerville, and Hugo. These properties are entitled to the benefits of the drainage system and, in effect, own the drain tile system under Minnesota Statues 103E (Minnesota Department of Natural Resources 1991). The drainage of the system must be maintained in perpetuity, until such time the assessed land owners choose to petition RCWD for the abandonment of the drain tile on their property. The majority of the land in the study area is agricultural (Table 1 and Appendix A, Figure 3) and drained to the ditch system via unbuffered surface inlets. Table 1. Existing land uses and areas Land Use Area (acres) Agricultural 896 Farmstead 10 Institutional 0.2 Right-of-Way 38 Park, Recreational, or Preserve 15 Single Family Attached 21 Single Family Detached 37 Undeveloped 276 TOTAL 1,294 The low points in the study area can remain inundated for weeks following the 100-year event due to the limited pipe capacity in the county ditch systems. Because the low lying areas take so long to drain back to their normal water levels, the next rain event may compound the flooding beyond the 100-year flood level. Without any drainage improvements, future developments in this area are required to design stormwater management facilities to retain 100-year back-to-back events. 3.2. Storm Sewer There is storm sewer within the study area in Lino Lakes along Otter Lake Road and the McDonald’s site. Due to the limited capacity of the existing drain tile system, McDonald’s was required to install a temporary spray irrigation system to reduce the stormwater volume from Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 Page 6 their site; however this is not a feasible long-term solution. The City of Hugo has stormwater infrastructure and storage which serves the development along the Lino Lakes and Hugo border. 3.3. Receiving Waters Peltier Lake has been listed as an impaired waterbody within the greater Anoka Chain of Lakes since 2002 for aquatic recreation, with the main pollutant identified as excess phosphorus from watershed runoff and internal loading (Minnesota Pollution Control Agency 2013). In addition, the Anoka Chain of Lakes has limited flood storage capacity (Houston Engineering, Inc. 2013). Any improvements to the drainage system will need to show no adverse impacts to receiving waters in terms of increased phosphorus loading or flooding potential. 3.4. Existing Site Limitations Anoka County Ditch (ACD) 55 and ACD 72 drain tiles were designed to provide drainage for agricultural lands and are already at capacity, limited by the crossings under I-35E. ACD 55 and ACD 72 both cross under I-35E, as shown in Appendix A, Figure 2, with a total capacity of 1.5 cubic feet per second (cfs) and 0.52 cfs, respectively (RCWD 2014). The City has also identified this area as being a Runoff Sensitive Area for stormwater rate and volume control given the limitations of the existing ditch systems (City of Lino Lakes 2005). The City of Hugo contributes 215 acres of the nearly 1,300 total acres and has an existing flow rate of 50.3 cfs into the City of Lino Lakes and the ACD 55 drain tile system. The City of Centerville contributes a minor amount of surface runoff to the study area, which contributes directly to Peltier Lake. The existing agricultural drainage system has been subject to repeated blow-outs and tile ruptures in recent years. In 2014, the Rice Creek Watershed District reviewed the ACD 55 and 72 systems and determined the failures were recurring due to:  Deterioration of the drain tile system, including sections of pipe that have pulled apart, as well as portions of the system have collapsed or are clogged with sediment; and  The drain tiles being undersized and unable to convey the incoming flows, resulting in a surcharged system. During the summer of 2015, RCWD replaced several sections of ACD 55 main trunk and the ACD 72 main trunk, as well as several lateral branches. The drain tile system does not provide any water quality benefits to Peltier Lake and field inlets to the system do not have adequate buffers to prevent sediments from entering the system and Peltier Lake. Simple estimates indicate that the existing system discharges 588 pounds of phosphorus and 1,028 tons of total suspended solids to the lake on an annual basis. The constraints of the drain tile system have limited landowners’ ability to develop their land consistent with the City of Lino Lakes’ Comprehensive Plan. Development must meet RCWD Rule C for Stormwater Management Plans, which includes water quality and rate control. Because the existing drainage system is already at capacity, in some cases, new development Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 Page 7 must limit stormwater discharge rates to no more than 1% of the existing runoff rates (Houston Engineering, Inc. 2013). In addition to limiting runoff rates, new developments must also treat their stormwater onsite to meet the water quality and volume reduction requirements of Rule C. Unfortunately the soils underlying the majority of the study area are poorly suited for infiltration and cannot meet the volume reduction requirement of Rule C. This has resulted in temporary infrastructure being built for stormwater irrigation because there was not an alternate way to meet the RCWD rules for surface water quality and storage. In addition to poor underlying soils, the study area also has a significant amount of wetlands (Appendix A, Figure 4), which limit stormwater management opportunities. A detailed wetland analysis is included in Appendix C. Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 Page 8 4. PROPOSED IMPROVEMENTS 4.1. Alternatives Considered In consideration of the City’s Comprehensive Plan where this area is guided for urban and mixed uses (Appendix A, Figure 5) it was determined that the existing drainage system would need to be addressed. Multiple alternatives were considered based on the future needs of the area (Table 2). Table 2. Future Land Uses Land Use Area (acres) Commercial 98 High Density Residential 19 Industrial 412 Large Lot Residential 46 Low Density Residential 179 Medium Density Residential 61 Mixed Use 340 Open Water 72 Park, Recreational, or Preserve 16 Right-of-Way 51 TOTAL 1,294 As the existing county drain system is not sufficient to handle the increased runoff from a developed watershed. Options were considered to provide capacity for development, with the goal of limiting adverse impacts to downstream landowners and natural resources. The following options are discussed in greater detail in Appendix D. Option 1: Existing System to Remain The existing system is in need of maintenance. The RCWD completed a study in 2014 outlining system improvements. Even with the system improvements, the capacity of the existing system is not sufficient to develop the area consistent with the City of Lino Lakes’ Comprehensive Plan. For property owners to make improvements in this drainage area, per RCWD rules, they may need to dedicate 45% of their developable land for stormwater management including ponding of back-to-back 100-year flood events and infiltration requirements. This area has tight soils and alternatives to infiltration are costly and limited. Spray irrigation is temporarily being used to meet the RCWD requirements at the McDonald’s site until a regional BMP is constructed. The existing system does not provide any water quality treatment upstream of Peltier Lake which is classified as an impaired waterbody. Simple estimates indicate that the existing system discharges 588 pounds of phosphorus and 1,028 tons of total suspended solids to the lake on an annual basis. Any proposed project must not impair water quality or flood storage within or downstream of Peltier Lake. Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 Page 9 Option 2: Outlet to Clearwater Creek This option considers the lands drained by ACD 55 to the east of I-35E and proposes to reroute the drainage to the south to Clearwater Creek via storm pipe (Appendix A, Figure 6). This option benefits 710 acres, of which 495 acres are in Lino Lakes. This option is not recommended due to concerns that the increased discharge could cause bank erosion on Clearwater Creek. Option 3: New Outlet to Peltier Lake and Crossing Under I-35E There is a proposed mixed-use development between 20th Avenue and I-35E. The development would provide surface drainage via a series of connected ponds from I-35E to the 20th Avenue. The objective in recommending an alignment from 20th Avenue to Peltier Lake is to minimize impacts to undeveloped parcels and reduce associated easement acquisitions. Alternative A – Open Channel Conveyance This option includes open-channel flow through a ditch system from 20th Avenue to Peltier Lake along the north property line (Appendix A, Figure 7). While feasible and consistent with the City of Lino Lakes’ I-35 Final Corridor Alternative Urban Areawide Review, it requires double the land acquisitions in a northern alignment resulting in the cost being 20 to 25 percent higher than Alternate B; and thus is not recommended. A southern alignment was considered, but dismissed when RCWD staff noted they would not permit the project with a southern alignment because of potential impacts to wetlands included in the City’s Comprehensive Wetland Protection and Management Plan (CWPMP). Alternative B - Storm Sewer Pipe Outlet This option provides a new outlet to Peltier Lake via a 72-inch storm drain that runs from I-35E to Peltier Lake. This system is capable of capturing the ACD 55 and ACD 72 drainage systems upstream of I-35E, in addition to collecting runoff from the remaining study area (Appendix A, Figure 8). The area above the pipe could be used for public greenspace, as well as storm water ponding as this area develops in the future. In the interim, the landowners could continue to farm on the easement. Because of the size of the proposed pipeline, it would be a permanent feature on the landscape and a potential encumbrance that future developers would need to design around. Option 4 – Peltier Lake Outlet Improvements This option takes advantage of an existing culvert crossing under Peltier Lake Drive and uses an existing drainage way to convey stormwater flows from the study area to Peltier Lake (Appendix A, Figure 9). This option is intended to give affected landowners the most flexibility for future development. The existing drainage way would be permanently restored to a two-stage ditch design, while the eastern portion would be a temporary ditch that could be incorporated as part of future development plans. The intent is that ultimately the alignment would be an aesthetic feature for future developments, with a meandering low flow channel and floodplain bench that can be planted to provide biofiltration and additional water quality benefits for Peltier Lake. Recommended Option Option 4 is recommended as it provides the needed surface water conveyance and stormwater runoff rate and flood control, while also providing an amenity to the community. Because it is Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 Page 10 primarily an open channel, the system will not be constrained by a pipe size as is the case under current conditions, and will be more adaptable to climate change and future development requirements. The channel can drain the regional storage systems effectively and efficiently, thereby minimizing the bounce in ponds from successive storm events. It also provides a known normal water elevation in the low areas, around which the designers may build future development to be safe from flooding. Option 4 also includes a new crossing under I-35E near the existing ACD 55 crossing (Appendix A, Figure 9). Final design and coordination with RCWD and MnDOT will determine if this crossing is a single crossing or two smaller crossings under I-35E. 4.2. Proposed Drainage Improvements The Peltier Lake outlet improvement and crossing under I-35E via a storm sewer pipe system is recommended as the most cost-effective alternative. The proposed project (Appendix A, Figure 9) includes:  Replacing the existing culvert under Peltier Lake Drive  New open channel ditch conveyance from Peltier Lake Drive to 20th Avenue  New 60-inch storm drain crossing under I-35E to proposed regional storage facility  New regional storage facilities, phased with future developments, to provide flood control storage and additional water quality treatment opportunities  A public greenway corridor with additional water quality features, such as iron- enhanced filtration or biofiltration  Outlet control structures with gates on selected regional storage facilities to minimize the risk of adversely impacting flood levels on Peltier Lake  Preserve the agricultural drain tile system to maintain upstream drainage rights until all land within the study area develops. Drain tile may be abandoned or realigned as development progresses, at the benefitted landowners’ expense and discretion. The conceptual layout and system details are provided in Appendix E. Additional design requirements proposed for land development within the study area are summarized in Appendix B. 4.3. Storm Sewer and Stormwater Management The City’s proposed storm sewer system and drainage design requirements will be in conformance with the City’s performance standards, and as permitted by RCWD. Construction of a stormwater collection and conveyance system will be necessary to direct stormwater to the new crossing and constructed channel. This system will reduce flooding Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 Page 11 within the study area and improve drainage conditions throughout the Northeast Lino Lakes Area. There are multiple ponding locations proposed with the Northeast Lino Lakes Comprehensive Stormwater Management Plan. At this time, it is proposed to utilize existing wetland complexes for flood storage by providing an outlet control structure with operable gate at the normal water level. In the event of a 100-year design storm, the gates can be closed to minimize the risk of increasing the flood stage on Peltier Lake, and the wetlands would store the water until the gates are opened after the flood threat on Peltier Lake has passed. The exact location and design of these regional storage facilities will be determined as the design progresses. It will be expected that the storage areas will experience a significant bounce in elevation during 100-year storm event and will need to be planted with a suitable planting palette that can tolerate periodic inundation to maintain vegetation. 4.4. Storm Water Quality The study area will include a variety of measures to provide treatment and improve water quality in Peltier Lake and the Anoka Chain of Lakes to minimize impacts related to this project. All individual developments will be required to manage stormwater on site to the current and applicable RCWD rules. It is anticipated the study area will include a water quality treatment train with sedimentation BMPs located in upland areas designed to remove solids and particulate matter. This will be combined with surface and media filtration to remove dissolved particulates, nitrogen, and phosphorus prior to entering the new storm sewer. The existing and proposed total phosphorus loading from the study area to Peltier Lake were evaluated at a conceptual level, using event mean concentrations from the Minnesota Stormwater Manual for the general land use types within the study area. Without any water quality treatment, the development of the study area would result in nearly doubling the total phosphorus loading to Peltier Lake annually. The City of Lino Lakes stormwater management ordinance and the RCWD rules will require water quality treatment practices be implemented for all new developments. The required BMPs are estimated to remove roughly 600 pounds of total phosphorus annually, which would result in a total load reduction of 130 pounds from existing conditions. Refer to Appendices B and E for proposed design requirements and conceptual details for the study area. 4.5. Permits and Approvals Construction of the new crossing, channel and outlet improvements will disturb more than one acre of land and will require a National Pollution Discharge Elimination Systems (NPDES) General Stormwater Permit [MNR 100001] that must be obtained by Lino Lakes from the Minnesota Pollution Control Agency (MPCA). Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 Page 12 The project includes improving an existing outlet to Peltier Lake, as such the City will need to obtain a DNR Public Waters Work permit (GP2004-0001) from the MnDNR, as well as to obtain a RCWD permit to demonstrate no adverse impacts will be created as result of this project. The project also includes a culvert crossing under I-35E; as such the City will need to obtain a Utility Accommodation on Trunk Highway Right of Way Permit (Form 2525) and a Miscellaneous Work on a Trunk Highway Right of Way permit (Form 1723) from MnDOT. The project includes a storm drain crossing under 20th Avenue (CSAH 54) and a Right of Way Permit from Anoka County may be required. The alignment has been chosen to avoid or minimize wetland impacts where possible; however any modifications to existing wetlands would require approval by the Technical Evaluation Panel (TEP). Given the complexity of the project it is anticipated that the City and staff will need to meet with the above agencies individually in order to facilitate permit approvals. 4.6. Right-of-Way / Easements Right-of-way needs will be evaluated during final design. It is anticipated that some temporary construction easements will be required. Easement acquisition for the Koch pipeline on the east side is anticipated, as well as a power line easement on the west side. Easements related to the regional storage basins will be acquired as part of the platting process for individual developments. 4.7. Project Phasing The project will be constructed in several phases (Appendix A, Figure 10), as funding and land development allows. The project will be constructed from downstream to upstream, starting with the improved Peltier Lake outfall and channel to 20th Avenue, finishing with upstream regional storage facilities. Phase 1 will include replacement of the existing culvert outlet at Peltier Lake Drive and the reconstruction of the drainage way from Peltier Lake Drive to 20th Avenue. Once the outlet channel is reconstructed, the neighboring properties on the west side could develop and discharge treated stormwater to the channel. Development of the regional stormwater facility between Peltier Lake Drive and 20th Avenue would need to be constructed concurrently with any development. The new channel will also provide an outlet for the proposed ponding facilities being constructed between 20th Avenue and I-35E, also part of Phase 1. Phase 2 will include the installation of a new 60-inch crossing under I-35E and an extension of the storm sewer beyond the MnDOT right-of-way to allow for future extension of the sewer along Otter Lake Trail. Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 Page 13 Phase 3 would be constructed concurrently with the Otter Lake Trail extension and includes expanding the storm sewer system east of I-35E to the Otter Lake Trail extension and within the proposed right-of-way. Future phases include construction of additional regional storage facilities, water quality features, recreational enhancements, and additional storm sewer infrastructure as needed for development. The timing of these features will depend on individual landowners and development interests. At all times during project construction and phasing, upstream drainage will be maintained by realigning the county ditches, at the developers expense, or leaving them in place for future abandonment when the study area is fully built out. 4.8. Private Utilities The Koch Pipeline Company has three crude oil pipelines that run through the study area, roughly from 20th Avenue and 80th Street in the northwest to Main Street at the Hugo border. The proposed 60-inch crossing under I-35E avoids the Koch pipeline, but final design of the storm sewer infrastructure east of I-35E will need to ensure there are no conflicts with the pipelines. It is anticipated that coordination with the Koch Pipeline Company will be required in order to construct the project as proposed. There is also an overhead electric line that runs north-south through the western portion of the study area. It is anticipated that coordination with the utility company will be required to construct the temporary ditch. 4.9. Wetlands All practical measures will be taken to prevent any inadvertent temporary drainage of wetlands from the construction and placement of the new pipeline and outfall to Peltier Lake. These practices include following setback requirements (Minnesota Board of Water & Soil Resources 2013), using bentonite plugs and/or steel casing for the areas where storm sewer or culvert runs through wetlands, and prohibiting the use of gravel bedding in these areas. Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 Page 14 5. FINANCING 5.1. Opinion of Probable Construction Cost A detailed opinion of probable cost is included in Appendix F of this report. The opinion of probable cost is based on projected construction costs for 2017 and includes a fifteen percent (15%) construction contingency and twenty-five percent (25%) indirect costs. The indirect costs include engineering, legal, and administrative costs associated with the project. Project costs have been separated into assumed construction phases. The first phase will consist of the Peltier Lake outlet improvements and new channel from Peltier Lake Drive to 20th Avenue. It is anticipated that after the outlet culvert is replaced, the new crossing under I-35E will be constructed as the second phase. The third phase would consist of constructing storm sewer connections from the new I-35E crossing upstream, and along, the future Otter Lake Trail extension. Future phases will include additional volume control and water quality BMPs, outlet control structures, and storm sewer connections, as development in the study area progresses. The total project costs, by construction phase, are summarized below. Table 3. Northeast Lino Lakes Drainage Improvement Summary of Cost Development Phase Cost Phase 1 – Peltier Lake Outlet Improvements $2,248,023 Phase 2 – I-35E Crossing $750,914 Phase 3 – Otter Lake Trail Storm Sewer Extension $639,925 Phase 4 – Future Improvements $557,491 TOTAL COST $4,196,353 5.2. Funding Sources Funding for the project will be through surface water management fees collected through development, and potential grants from Rice Creek Watershed District (RCWD), Minnesota Board Water and Soil Resources (BWSR), and the Public Facilities Authority (PFA). The surface water management fees per the City’s current rates and proposed land use are estimated to be between $2 and $2.5 million for this area. The City could consider developing a specific fee related to this area to ensure costs are covered. If the City is eligible, a RCWD grant could be up to $50,000, and a PFA grant could be twenty- five percent (25%) principal forgiveness on Phases 1 and 2. The BWSR has various grant programs, and an estimated grant amount is unknown at this time. Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 Page 15 6. PROJECT SCHEDULE The proposed schedule for this improvement project is as follows for construction to occur in 2017: Phase 1 – Feasibility Report City Council Authorizes Feasibility Study……………………………………September 14, 2015 Public Informational Meeting……………………………………………………… April 22, 2016 City Council Accepts Feasibility Report……………………………….....................June 27, 2016 Public Hearing / Authorize Preparation of Final Plans and Specifications....................... July 2016 Phase 2 – Final Design Final Design…………………………………………………….………………….. Summer 2016 City Council Approves Plans……….………………………….…………………..…..... Fall 2016 Apply for Grant Funding…………………………………………….………….. Throughout 2016 Obtain RCWD, MnDNR, MnDOT Permits………………………..…………...………..Fall 2016 City Council Authorizes Ad for Bids………………………….………………………March 2017 Receive Contractor Bids………………..……………………………………………….April 2017 Award Contract…..………………………………………………………………………May 2017 Phase 3 - Construction Begin Construction………...…………………………………………………………….May 2017 Final Completion of Construction…………………………………………………..……Fall 2017 Note: The schedule assumes all permitting work will be complete prior to the start of construction. Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 Page 16 7. FEASIBILITY AND RECOMMENDATION The Northeast Lino Lakes Drainage System Improvement Project includes a reconstructed stormwater outlet at Peltier Lake, drainage improvements, water quality and volume control BMPs, and appurtenant work. The total cost of the project is estimated at $4,196,353 to be implemented in phases as development occurs. Based on our analysis and data presented, the proposed project is feasible, necessary, and cost effective from an engineering standpoint. We recommend construction of the proposed improvements as detailed in this report and as determined financially feasible by the City Council. Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 Page 17 8. REFERENCES City of Hugo. "2030 Comprehensive Plan." City of Hugo. March 15, 2010. http://www.ci.hugo.mn.us/index.asp?SEC=4A42E80D-D1B1-48A1-940D- F92071D6D492&Type=B_LIST (accessed October 20, 2015). City of Lino Lakes. "2030 Comprehensive Plan." City of Lino Lakes. September 12, 2011. http://www.ci.lino-lakes.mn.us/index.asp?SEC=67FBFAB1-0B78-448F-85B7- AFF5C3B73FEF&Type=B_BASIC (accessed October 20, 2015). —. "I-35E Corridor Final Alternative Urban Areawide Review (AUAR)." City of Lino Lakes. September 26, 2005. http://www.ci.lino-lakes.mn.us/index.asp?SEC=581A5670-E592- 4178-B9B2-7B0B72922A8E&Type=B_BASIC (accessed October 20, 2015). —. "Parks, Natural Open Space/Greenways, and Trail System Plan." Park System Plan. August 2004. http://www.ci.lino-lakes.mn.us/index.asp?SEC=8F6D51B8-D88A-40BA-98DA- B5805AE7C568&DE=A2373B63-7508-48A1-A507-F42A0255D30B&Type=B_BASIC (accessed October 20, 2015). —. "Surface Water Management Plan." City of Lino Lakes. December 2005. http://www.ci.lino- lakes.mn.us/vertical/Sites/%7B92EFCBF5-B800-4B28-AD6A- B8C3B7009FB0%7D/uploads/SWMP-Final_with_Appendix.pdf (accessed October 20, 2015). Houston Engineering, Inc. Hydraulics and Hydrology Evaluation Anoka County Ditch 55 Memo. May 6, 2013. Minnesota Board of Water & Soil Resources. "BWSR Guidance Concerning NRCS-Developed Drainage Setback Tables." October 2013. http://www.bwsr.state.mn.us/wetlands/delineation/Drainage_setback_guidance.pdf (accessed June 21, 2016). Minnesota Department of Natural Resources. "Minnesota Public Drainage Manual." Minnesota Department of Natural Resources. September 1991. http://files.dnr.state.mn.us/publications/waters/Minnesota_Public_Drainage_Manual.pdf (accessed October 20, 2015). Minnesota Pollution Control Agency. "Peltier Lake and Centerville Lake TMDL." Minnesota Pollution Control Agency. July 2013. http://www.pca.state.mn.us/index.php/view- document.html?gid=20171 (accessed October 20, 2015). RCWD and Minnesota Pollution Control Agency. "Lino Lakes Chain of Lakes Nutrient TMDL." Minnesota Pollution Control Agency. July 2013. http://www.pca.state.mn.us/index.php/view-document.html?gid=17164 (accessed October 20, 2015). RCWD. "Anoka County Ditch 55 Repair Memorandum." Rice Creek Watershed District. June 16, 2014. http://www.ricecreek.org/vertical/Sites/%7BF68A5205-A996-4208-96B5- 2C7263C03AA9%7D/uploads/ACD_55_Repair_memo_FINAL_6-16-2014.pdf (accessed October 20, 2015). —. "Anoka County Ditch 72 Repair Memorandum." Rice Creek Watershed District. October 16, 2014. http://rcwd.houstoneng.net/ditchportal/Historic%20Documents/Scans/ACD%2072/Memo s%20and%20Transmittals/RCWD_ACD72_MT_10162014_11.pdf (accessed October 20, 2015). —. "Rice Creek Watershed District Rules." Rice Creek Watershed District. December 1, 2014. http://www.ricecreek.org/vertical/Sites/%7BF68A5205-A996-4208-96B5- Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 Page 18 2C7263C03AA9%7D/uploads/Final_adopted_RCWD_rule_11-12-2014.pdf (accessed October 20, 2015). Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 APPENDIX A Figures §¨¦35E ACD 55 Br 8 A C D 5 5 M a in T r k ACD 72 Main Trk ACD 72 Br 11 CENTERVILLE HUGO LINO LAKES ACD 72 Main Trk §¨¦35W Hardwood Ck [JD2] Clearwater Ck [JD3]20th AveMain StPeltier Lake DrRehbein St Peltier Lake Centerville Lake LEGEND Study Area City Boundaries Drain Tile Open Ditch Stream N FIGURE 1. PROJECT LOCATION K:\02029-790\GIS\Maps\FEASIBILITY STUDY\FIG0_LOCATION.mxdLINO LAKES 4STUDY AREA §¨¦35E §¨¦35W §¨¦694 §¨¦94 00.5 Miles §¨¦35E ACD 55 Br 8 A C D 5 5 M a in T r k ACD 72 Main Trk ACD 72 Br 11 ACD 72 Br 1JD 3 Main TrkACD 72 Main Trk 00.25 miles LEGEND Study Area ACD55 JD2 [Hardwood Ck] JD3 [Clearwater Ck] Peltier Lake Direct Drainage Drain Tile Open Ditch Stream N FIGURE 2. EXISTING DRAINAGES K:\02029-790\GIS\Maps\FEASIBILITY STUDY\FIG2_EX-DRAINAGES.mxd §¨¦35E ACD 55 Br 8 A C D 5 5 M a in T r k ACD 72 Main Trk ACD 72 Br 11 ACD 72 Br 1JD 3 Main TrkACD 72 Main Trk 00.25 miles LEGEND Agricultural Farmstead Single Family Detached Single Family Attached Institutional Park, Recreational or Preserve Major Highway Undeveloped Study Area Drain Tile Open Ditch Stream N FIGURE 3. EXISTING LAND USE K:\02029-790\GIS\Maps\FEASIBILITY STUDY\FIG3_EX-LANDUSE.mxd §¨¦35E ACD 55 Br 8 A C D 5 5 M a in T r k ACD 72 Main Trk ACD 72 Br 11 ACD 72 Br 1JD 3 Main TrkACD 72 Main Trk 00.25 miles LEGEND Level 2 Delineation Level 1 Delineation National Wetland Inventory Study Area Drain Tile Open Ditch Stream N FIGURE 4. EXISTING WETLANDS K:\02029-790\GIS\Maps\FEASIBILITY STUDY\FIG4_WETLANDS.mxd §¨¦35E ACD 55 Br 8 A C D 5 5 M a in T r k ACD 72 Main Trk ACD 72 Br 11 ACD 72 Br 1JD 3 Main TrkACD 72 Main Trk 00.25 miles LEGEND Large Lot Residential Low Density Residential Medium Density Residential High Density Residential Commercial Industrial Park, Recreational, or Preserve Mixed Use Right of Way Open Water/Wetland Study Area Drain Tile Open Ditch Stream N FIGURE 5. FUTURE LAND USE K:\02029-790\GIS\Maps\FEASIBILITY STUDY\FIG5_PR-LANDUSE.mxd §¨¦35E ACD 55 Br 8 A C D 5 5 M a in T r k ACD 72 Main Trk CENTERVILLE HUGO LINO LAKES JD 3 Main TrkPeltier Lake MN54 MN84 MN14 00.25 miles LEGEND Proposed Alignment Benefitted Area Drain Tile Open Ditch Stream N FIGURE 6. CLEARWATER CREEK OPTION K:\02029-790\GIS\Maps\FEASIBILITY STUDY\FIG6_OPTION2.mxd §¨¦35E ACD 55 Br 8 A C D 5 5 M a in T r k ACD 72 Main Trk CENTERVILLE HUGO LINO LAKES JD 3 Main TrkPeltier Lake MN54 MN14MN84 00.25 miles LEGEND Proposed Alignment Benefitted Area Conceptual Regional Storage Drain Tile Open Ditch Stream N FIGURE 7. NEW OUTLET OPTION 3A K:\02029-790\GIS\Maps\FEASIBILITY STUDY\FIG7_OPTION3A.mxd §¨¦35E ACD 55 Br 8 A C D 5 5 M a in T r k ACD 72 Main Trk CENTERVILLE HUGO LINO LAKES JD 3 Main TrkPeltier Lake MN54 MN14MN84 00.25 miles LEGEND Proposed Alignment Benefitted Area Conceptual Regional Storage Drain Tile Open Ditch Stream N FIGURE 8. NEW OUTLET OPTION 3B K:\02029-790\GIS\Maps\FEASIBILITY STUDY\FIG8_OPTION3B.mxd §¨¦35E ACD 55 Br 8 A C D 5 5 M a in T r k ACD 72 Main Trk CENTERVILLE HUGO LINO LAKES JD 3 Main TrkPeltier Lake MN54 MN14MN84 00.25 miles LEGEND Proposed Alignment Benefitted Area Conceptual Regional Storage Drain Tile Open Ditch Stream N FIGURE 9. OPTION 4: EXISTING OUTLET K:\02029-790\GIS\Maps\FEASIBILITY STUDY\FIG9_OPTION3C.mxd §¨¦35E ACD 72 Main Trk CENTERVILLE HUGO LINO LAKES JD 3 Main TrkACD 55 Main TrkPeltier Lake MN54 MN14MN84 00.25 miles LEGEND 1st Phase [Peltier Lake Outlet and Regional BMPs] 2nd Phase [I-35E Replacement Culvert] 3rd Phase [Otter Lake Trail Extension Storm Sewer] Future Phases [Timing depends on development] Study Area Drain Tile Open Ditch Stream N FIGURE 10. CONSTRUCTION PHASING K:\02029-790\GIS\Maps\FEASIBILITY STUDY\FIG10_PR-PHASING.mxd Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 APPENDIX B Northeast Lino Lakes Comprehensive Stormwater Management Plan October 1, 2015 Draft Performance Specifications Draft – 10/1/15 Performance Specifications City of Lino Lake Proposed Stormwater Outlet to Peltier Lake DOCUMENT PURPOSE: The purpose of this document is to describe the functional design of the project upon which the performance characteristics (specifications) and the determination of “no adverse impact” depend. The performance specifications include the physical characteristics, operation and performance of the mitigation measures committed to by the City. The District acknowledges the functional design for the project may change. These changes under no circumstances can result in an increase in the 2-year 24 hour, 10-year 24-hour and 100-year critical duration peak discharge and runoff volume or the timing of the peak discharge to Peltier Lake from that represented by the City in Comprehensive Stormwater Management Plan for the Proposed Peltier Lake Outlet Lino Lakes, Minnesota (January 22, 2015) and Comprehensive Stormwater Management Plan for the Northeast Area of Lino Lakes, Minnesota (September 11, 2015) as reviewed by the District Engineer and summarized in Technical Memorandum, Lino Lakes Comprehensive Stormwater Management Plan (CSMP) District Engineer Review (July 9, 2015). PROJECT DESCRIPTION: The City of Lino Lakes (the City) is proposing to construct a new stormwater outlet to Peltier Lake (the Project), which would serve a 1,430 acre area within the northeast portion of the City. The area is currently served by Anoka County Ditch (ACD) 72, ACD 55 and natural drainage features. Runoff generated by precipitation events now reaches Peltier Lake through ACD 72 which drains portions of northeast Lino Lakes on either side of I-35E and flows directly to Peltier Lake; through ACD 55 which discharges to Clearwater Creek and flows to Peltier Lake; and for some lands east of Peltier Lake by overland and natural drainage features directly to Peltier Lake. Plate 1 provided by the City shows the current drainage patterns and the division of the drainage area into regions. These regions are the organizational areas for the mitigation proposed by the City, to ensure no adverse impact under the District’s Rule I, Drainage Systems. A portion of the drainage area is located in the city of Hugo. The current capacities of ACD 55 and ACD 72, both of which are clay tile systems constructed in the early 1900s for agricultural purposes, are insufficient to convey runoff consistent with the City’s planned level of development. STANDARD FOR DETERMINATION OF NO ADVERSE IMPACT: The definition of adverse impact utilizes criteria that the District applies programmatically under Rule I. 1. No damage to structures, buildings and infrastructure as a result of an increase in flooding (increased elevation, velocity or number of days of inundation); 2. No property damage or increased maintenance costs resulting from an increase in the amount of erosion, bank failure or accelerated sedimentation; 3. No decrease in water quality resulting from an increase in phosphorus and sediment loads; and 4. No permanent loss of the use of flood storage volume during the flood peak within the Anoka Chain of Lakes. Draft – 10/1/15 Functional Design and Performance Specifications: The project design is so conceptual in nature, the sizes, types, lengths, slopes and characteristics of the proposed infrastructure remain undefined. Only the sizes, types, lengths, slopes and characteristics of select pipes included in the model submittal have been defined. The following summarizes those physical features either described in the written submittals or the model submitted by WSB on September 11, 2015 (and reviewed by HEI), which related to project performance. Project performance is defined as the 2-year 24 hour, 10-year 24-hour and 100-year critical duration peak discharge and runoff volume or the timing of flood peak (i..e., the specific discharge hydrographs for these events). Pipe Infrastructure Outlet Pipe 72-inch RCP estimated length 4,116 feet @ 0.19% slope I 35E Culvert(s) 60-inch RCP Drainage Area Characteristics Total Land Area Served by the Outlet 1,430 acres total; 1,415 acres excluding I 35W Current Amount of Impervious Area (acres) Hugo region – 71 East region – 16 Central region – 11 West region – 10 Total – 108 Maximum Allowable Increase Impervious Area At Full Development (acres) Hugo region - ** East region – 290 Central region –170 West region –72 Total –532 acres Maximum Allowable Total Impervious Area At Full Development (acres) Hugo region - ** East region – 306 Central region –181 West region –82 Total –640 ** no more than existing conditions peak discharge for the 2-year, 24-hour; 10-year, 24-hour; and 100- year, 24-peak discharge from the City of Hugo to the City of Lino Lakes estimated at 35.4 cfs for the 100- year, 24-peak discharge. This discharges is based on adding the hydrographs for nodes CA55MTL_012, CA55MTL_013, CA55MTL_011, and CA55MTL_025A from the proposed WSB InfoSWMM model, submitted 9-11-2015 Draft – 10/1/15 Draft – 10/1/15 Regional Live Storage With Use Controlled by the City for the Reduction in Peak Discharge Current Live Storage Within the Drainage Area Which Must be Maintained (acre-feet) Hugo region – 50.4 East region – 219.5 Central region – 60.3 West region – 21.2 Total – 351.4 Minimum Total Live Storage Mitigation Requirement at Full Development (acre-feet) Hugo region - ** East region – 292.6 Central region –156.4 West region –82.7 Total – 531.7 ** to be determined based on the need to ensure existing peak discharge for the 2-year, 24-hour; 10- year, 24-hour; and 100-year, 24-peak discharge from the City of Hugo to the City of Lino Lakes equal to or less than the fully developed future condition. Regional Storage Basin Controlled by the City, Live Storage Performance Characteristics Characteristic City Controlled Regional Facility West Region Central Region East Region Maximum 100-year water surface elevation 901.31 903.17 912.72 Live Storage Volume for the 100-year, 24-hour precipitation event (acre-feet) 82.7 156.4 292.6 Maximum Peak Discharge Leaving the Basin for the 100-year, 24-hour precipitation event (cfs) 21.3 150 54 Dead Storage Volume (acre-feet) 15 35 60 Planned Principal Outlet Elevation 899.0 900.0 906.0 Maximum Water Depth for Live Storage (feet) 2.31 3.17 6.72 Regional Storage Basin Elevation Discharge Characteristics City Controlled Regional Facility Pond Elevation Discharge Rate from Pond West Storage 899 0 901.5 23 903 23 Draft – 10/1/15 Central Storage 900 0 902 150 East Storage 906 0 910 54 912 54 Regional Storage Basin Controlled by the City, Gated Operation • Operation of the gated facility shall be controlled by the City of Lino Lakes. • A gate shall be placed to control the release of water from each regional storage facility. • Each gate must be closed when Peltier Lake reaches an elevation 1-foot below the 100-year flood elevation of 886.2 (NAVD 1988) on the rising limb of the lake stage hydrograph and remain closed until the flood elevation on Pelteir Lake recedes below the 100-year flood elevation of 886.2, on the falling limb of the lake stage hydrograph. • The regional storage shall be designed to ensure no local flood impact as a result of successive (back – to – back) precipitation events, when the gates are closed. • No flood impact (downstream or upstream) shall occur to downstream structures, infrastructure, and land currently at an elevation of 887.2 or less. Maximum Discharge Characteristics and Flood Peak Timing Between Regions Maximum Rate of Discharge Between Regions for the 100-year, 24-hour Precipitation Event Estimated Peak Discharge (cfs) Estimated Event Runoff Volume (acre feet) Timing of the Peak Elevation (hours) After Initiation of Precipitation Event City of Hugo and East Region 35.4 ** 89.2 12.8 I 35E Culvert(s) Peak Discharge (100-yr, 24-hr) 54.0 293.9 77.8 East Region and Central Region 54.0 293.9 77.8 Central Region and West Region 150.6 466.3 78.0 West Region and Peltier Lake 171.1 548.5 78.2 *2-yr, 24-hr and 10-yr, 24-hr are yet to be provided ** This discharges is based on adding the hydrographs for nodes CA55MTL_012, CA55MTL_013, CA55MTL_011, and CA55MTL_025A from the proposed WSB InfoSWMM model, submitted 9-11-2015 Draft – 10/1/15 Discharge hydrograph to Peltier Lake (ungated) Regional Best Management Practices for Water Quality Treatment with Use Controlled by the Minimum Water Quality Treat Requirement 1. Minimum required is 1.1-inch across 532 acres of new impervious surface = 48.7 acre-feet Minimum Volume Control Requirement By Infiltration Within the Drainage Area 1. Estimated amount of area where infiltration is feasible is 74 acres out of 532 acres = 6.1% * 48.7 acre-feet =2.97 acre-feet Proposed Volume Control Requirement Through Water Reuse Within the Drainage Area1 1. Amount minimum of 2.92 acre-feet; shortage of 0.07 acre-feet Minimum Water Quality Treatment for Reducing Sediment and Total Phosphorus Annual Loads to Peltier Lake Wet Pond Dead Storage (in addition to the live storage required) 1. East region – 60 acre-feet 2. Central region –35 acre-feet 3. West region –15 acre-feet 4. Total –110 acre-feet (ratio treatment vol / dead storage volume 2.25) 1 Subject to the District design standard of a maximum of 1-inch per week for 26 weeks during the growing season, and verification for a three year monitoring period. Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 APPENDIX C Wetland Report engineering planning environmental construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 St. Cloud  Minneapolis  St. Paul Equal Opportunity Employer wsbeng.com K:\02029-790\Admin\Docs\Outlet Alternatives Memo_Sequencing.doc Memorandum To: Nicholas Tomczik, Rice Creek Watershed District From: Alison Harwood, WSB & Associates, Inc. Dustin Simonson, WSB & Associates, Inc. CC: Pete Willenbring, WSB & Associates, Inc. Date: January 22, 2015 Re: Outlet Alternatives Northeast Area Drainage Study WSB Project No. 2029-79 The City of Lino Lakes is proposing to create a drainage channel between Interstate 35E (I-35E) and Peltier Lake. Lino Lakes is considering different alternatives to complete this project. Two pipe options are being looked at for placement within the Mattamy Homes parcel. These are listed as Eastern Pipe Option 1 and 2 on the attached Figure 2. Eastern Pipe Option 1 flows northwest through the Mattamy Homes parcel until it straightens out on the north end and under 20th Avenue. Eastern Pipe Option 2 starts in the same location as Eastern Pipe Option 1. From there Option 2 will flow southwest and continue under 20th Avenue. West of 20th Avenue, multiple options for continuing the drainage are available. These options are summarized below: Proposed Action: The proposed action is to create a drainage channel from I-35E to Peltier Lake. Project Purpose and Need The purpose of the project is to address a failing tile and ditch system that currently exists west of I-35E within the benefitted area. The design generally consists of the installation of a 48 inch pipe under I-35E to carry water overflowing from the watersheds east of I-35E to the west toward Peltier Lake. The pipe size is then upsized to a 72 inch to carry water from areas tributary to the system on the west side of I-35E to Peltier Lake. Wetland Review Wetlands within the project area were determined using both Level 1 and Level 2 methods. Level 2 wetland delineations were received from Rice Creek Watershed District for various locations within the project area. Remaining areas adjacent to the proposed alternatives were evaluated using Level 1 methods, which included an aerial photo review (1991 – 2013) and review of desktop data (NWI, DNR Public Waters, Soil Survey, Contours). Figure 1 shows the Lino Lakes Outlet Study January 22, 2015 Page 2 K:\02029-790\Admin\Docs\Outlet Alternatives Memo_Sequencing.doc data used in the Level 1 analysis along with the proposed wetland boundaries. Historic aerial photos of the area are attached (Appendix B). The alternatives analysis also considered the Wetland Preservation Corridor that has been established by the City of Lino Lakes. Based on the results of the Level 1 delineation, a Level 2 delineation may need to be performed during the growing season adjacent to the preferred pipe alignment. This will ensure that the pipe is placed in a manner that avoids or minimizes wetland impacts. Sequencing Analysis WSB & Associates has completed an analysis of a range of alternatives consistent with WCA Rules 8420.0325 and 8420.0520. The preferred alternative will ultimately connect to a system under I-35E. The preferred alternative will collect overflow from this system; therefore impacts to wetlands east of I-35W are not anticipated. Major differences between the alternatives west of I-35E are based on pipe or open channel options. Alternative impact comparisons are detailed in Table 1. Each of the alternatives described below are shown on Figure 2. Alternative 1: Western Pipe/Open Channel Option 1 (Northern-most option): This option will use Eastern Pipe Option 1. At the 20th Avenue connection a pipe or open channel will connect to the eastern pipe and continue its flow west to Peltier Lake. The individual benefits and drawback of this option area summarized below and shown on the attached figure: Benefits of this option: • Minimal temporary wetland impacts anticipated with pipe placement. Because a pipe would be used, no secondary impacts resulting from lateral effect area expected. • No impacts to Wetland Preservation Corridor. Drawbacks of this option: • Wetland impacts could occur with an open channel option as a result of secondary drainage (lateral effect). This effect would need to be calculated and impacts would require replacement at an estimated 2:1 ratio. • More difficult to get drainage from southern portion of western parcel to the north. • Western parcel property owner prefers an option that utilizes more of the low land to the south of the parcel. • Private property impacts to the parcels north of the boundary are possible. Alternative 2/4: Western Pipe Option 2 & 4 (central pipe): Through the Mattamy Homes parcel, the pipe could use Eastern Pipe Option 1 or Eastern Pipe Option 2. The Eastern Pipe Option 2 is likely the more appropriate connection. The pipes would then connect to the western parcel under 20th Avenue. From 20th Avenue, the piping could go one of two ways using Western Pipe Option 2 or Lino Lakes Outlet Study January 22, 2015 Page 3 K:\02029-790\Admin\Docs\Outlet Alternatives Memo_Sequencing.doc Western Pipe Option 4. Option 2 in the western parcel would skirt north around a large wetland and continue to Peltier Lake. Option 4 in the western parcel would skirt south around a large wetland and continue to Peltier Lake. The large wetland in the west central portion of the parcel could be avoided by both options. Benefits of this option: • Minimal temporary wetland impacts anticipated with pipe placement. Because a pipe would be used, no secondary impacts resulting from lateral effect area expected. • No impacts to Wetland Preservation Corridor. • Can easily drain north and south sections of western parcel. Drawbacks of this option: • Western parcel property owner prefers an option that utilizes more of the low land to the south of the parcel. o Option 4 utilizes more low area than Option 2 Alternative 3: Western Pipe Option 3 (Southern pipe): Through the Eastern Parcel, the pipe could use Eastern Pipe Option 1 or Eastern Pipe Option 2 and connect under 20th Avenue to Western Pipe Option 3. Eastern Pipe Option 2 is likely the more appropriate option in the eastern parcel. The pipe would travel south along 20th Avenue to near the southern border of the parcel and then move west/northwest through the narrowest portion of the wetland located in the southeast corner of the parcel. The pipe would outlet to Peltier Lake. Benefits of this option: • Utilizes the low areas of the parcel (landowner preference). • No permanent impacts to Wetland Preservation Corridor. Drawbacks of this option: • Results in at least 9,165 sf of temporary wetland impacts. • Less direct connection to the outlet at 20th Avenue. Preferred Alternative: Based on the alternatives analysis, WSB & Associates would recommend using Alternative Eastern Pipe Option 2 in combination with Western Pipe Option 2 (Figure 3). As described above, this alternative allows for both the north and south sections of the western parcel to be drained and avoids wetland impacts. Lino Lakes Outlet Study January 22, 2015 Page 4 K:\02029-790\Admin\Docs\Outlet Alternatives Memo_Sequencing.doc Table 1. Alternative impacts analysis for those alternatives serving the current land uses (+ = Positive effect, - = Adverse effect, 0 = No effect) Alternative Resource Category Alternative 1 (Northernmost Option/Open Channel) Alternative 2 (Central Option/Pipe) Alternative 3 (Southern Option/Pipe) Alternative 4 (Central Option/Pipe) Notes Aesthetic Values + 0 0 0 The open channel drainage option may allow the establishment of riparian vegetation. Community Growth + + + + All options facilitate future mixed-use and low, medium, or high density housing developments. Existing/Potential Land Use + + + + Future developments will likely diversify land use from current agricultural use. Farmland/food supply - - - - All options will result in reduced agricultural land use. Tax Revenues + + + + Housing developments will provide a new tax base. Wetlands (w/est. wetland impacts) 0 0 - (9,165 sq ft, temporary) 0 Options 1, 2, and 4 avoid wetland impacts. Option 3 requires 9,165 sq ft of temporary impacts to install pipes. Resources not included in the summary table, based on an overall no effect for all alternatives include: Business/Home Relocations, Property Values, Flooding, Recreation, Terrestrial Habitat, Aquatic Habitat, Habitat Diversity and Interspersion, Water Quality, Groundwater, Soils, Secondary and Cumulative Effects, Endangered Species, Noise Levels, Transportation, Public Health, Public Facilities and Employment, Business Activity, Energy, Mineral Needs, Air Quality, Water Supply, Navigation, Historical/Archeological, Wild and Scenic Rivers, State Listed Impaired, and Shoreline Processes Lino Lakes Outlet Study January 22, 2015 Page 5 K:\02029-790\Admin\Docs\Outlet Alternatives Memo_Sequencing.doc Conclusion: On behalf of the City of Lino Lakes, we request your review and approval of the Level 1 wetland delineation as well as the sequencing analysis. If you require additional information in order to complete your review, please contact us at 763-231-4847 or 763-270-3475 or email at aharwood@wsbeng.com or dsimonson@wsbeng.com. Attachments Appendix A Figure 1: Level 1 Delineated Wetlands Figure 2: Outlet Alternatives Figure 3: Preferred Outlet Alternative Appendix B Historic Aerial Photos Appendix A Document Path: K:\02029-790\GIS\Maps\Levels1&2.mxd Date Saved: 1/22/2015 2:34:00 PMFigure 1: Level 1 Delineated WetlandsNortheast Area Drainage StudyCity of Lino Lakes MN ±0 1,100550Feet Proposed Benefitted Area Level 2 Delineation MinnesotaGIS.METROBLOCKF.contours Contour Type Index (10-Foot) Intermediate (2-Foot) Public Waters Inventory 908916890904 886904910902904902 890 908906906 888914916886904912906 902 904 894 904912906 890 9069 1 0910 8 9 6 906 902912900908886 908 912 9 1 2 904 91089290690288 6 89 4 906898910908 8 8 8 9 0 8 888910 91 2 910 9129 0 2 908910904906 886910 908914896 892 9 0 2 912886912906 910 908906908 912910906 908910 906908 902918904 902906886 904908908906 916904 908 902906886910 916 904908 906 90 6 910894906 910916 9069 0 6 906 906 890 898 9 1 2 9 0 2 914 906904914 910 91090 0 902894894892 900 9109049 1 0 902 91 0 914902 906 908 904 906916908904916904904 908910 904 912 904 910908 91 2 908894910906 902900 910 908 904 900894908908906908 904902 910906 90 2 902 884914896908900 906 916 9109089109129 0 6 904914 90889690 8 9 0 4 906 89 2 904884 904 9089149129109 0 6906906 902904 886 906910886 894906914906904 9069069 0 8 912 906 9 0 6 9 0 8908 906906 914 904910 91 2 914 904 890906906 910912906890904 908 90 4 902900 904886914 908 904906908908 906 908908898 906914 906 892906904908 908 90690 6 90 2 902 908 8 8 8 908 888914 9 1 4 90 0 914908904 916 904 906 890902910918910886 908 908902 90090 4 9 0 2 888912 904902 916904904 890 912 908892 9 1 2 912 894 9 1 2 904 904896 906 904906 900 898 910904 906 902902892894 900902900898 9 0 0 890 91090690890 2 89890 6 91 2 908900 910 906 914884 9 0 4 91089691288688889091089690 0 8 9 2894 898 908 902 906904 Legend Proposed Benefitted Area Level 1 Delineation Level 2 Delineation Contour Type Index (10-Foot) Intermediate (2-Foot) Public Waters Inventory National Wetland Inventory Hydric Soil Document Path: K:\02029-790\GIS\Maps\Outlet Alternatives.mxd Date Saved: 12/23/2014 10:35:56 AMFigure 2: Outlet AlternativesNortheast Area Drainage StudyCity of Lino Lakes MN ±0 1,800900Feet Mattamy Homes wetlands delineated in February 10, 2014 by Kjolhaug Environmental Services Company, INC Potential wetland areas determined by historic aerial photos, contours, and soils data. Wetland Impact Area Western Pipe Option 4 Eastern Pipe Option 2 Western Pipe/Open Channel Option 1 Western Pipe Option 2 Western Pipe Option 3 Eastern Pipe Option 1 Level1Wetlands Stormwater Ponds Proposed Benefitted Area Estimated 9165 sq ft temporary wetland impacts *Pipe alignments shown to not represent final design. Document Path: K:\02029-790\GIS\Maps\PossibleSoils&NWI.mxd Date Saved: 12/16/2014 10:48:17 AMFigure 3. Hydric Soils and NWINortheast Area Drainage StudyCity of Lino Lakes MN ±0 1,600800Feet Hydric Soil Wetland Type Level 1 Aerials Level 2 Mattamy Homes Delineated NWI Appendix B Document Path: K:\02029-790\GIS\Maps\Sequencing Memo Maps & Figures\Fig 2. Aerial Imagery\Fig2.a. 1991 Aerial.pdf.mxd Date Saved: 12/23/2014 10:55:04 AMFigure 2a. 1991 AerialNortheast Area Drainage StudyCity of Lino Lakes MN ±0 1,100550Feet Level1Wetlands Proposed Benefitted Area Wetter than Normal Precipitation based on 1981-2010 normal period (using July 15 as reference date) Document Path: K:\02029-790\GIS\Maps\Sequencing Memo Maps & Figures\Fig 2. Aerial Imagery\Fig2.a. 1991 Aerial.pdf.mxd Date Saved: 12/23/2014 10:55:04 AMFigure 2b. 2006 AerialNortheast Area Drainage StudyCity of Lino Lakes MN ±0 1,100550Feet Level1Wetlands Proposed Benefitted Area Normal Precipitation based on 1981-2010 normal period (using July 15 as reference date) Document Path: K:\02029-790\GIS\Maps\Sequencing Memo Maps & Figures\Fig 2. Aerial Imagery\Fig2.a. 1991 Aerial.pdf.mxd Date Saved: 12/23/2014 10:55:04 AMFigure 2c. 2009 AerialNortheast Area Drainage StudyCity of Lino Lakes MN ±0 1,100550Feet Level1Wetlands Proposed Benefitted Area Drier than Normal Precipitation based on 1981-2010 normal period (using July 15 as reference date) Document Path: K:\02029-790\GIS\Maps\Sequencing Memo Maps & Figures\Fig 2. Aerial Imagery\Fig2.a. 1991 Aerial.pdf.mxd Date Saved: 12/23/2014 10:55:04 AMFigure 2d. 2010 AerialNortheast Area Drainage StudyCity of Lino Lakes MN ±0 1,100550Feet Level1Wetlands Proposed Benefitted Area Normal Precipitation based on 1981-2010 normal period (using July 15 as reference date) Document Path: K:\02029-790\GIS\Maps\Sequencing Memo Maps & Figures\Fig 2. Aerial Imagery\Fig2.a. 1991 Aerial.pdf.mxd Date Saved: 12/23/2014 10:55:04 AMFigure 2e. 2011 AerialNortheast Area Drainage StudyCity of Lino Lakes MN ±0 1,100550Feet Level1Wetlands Proposed Benefitted Area Normal Precipitation based on 1981-2010 normal period (using July 15 as reference date) Document Path: K:\02029-790\GIS\Maps\Sequencing Memo Maps & Figures\Fig 2. Aerial Imagery\Fig2.a. 1991 Aerial.pdf.mxd Date Saved: 12/23/2014 10:55:04 AMFigure 2f. 2013 AerialNortheast Area Drainage StudyCity of Lino Lakes MN ±0 1,100550Feet Level1Wetlands Proposed Benefitted Area Wetter than Normal Precipitation based on 1981-2010 normal period (using July 15 as reference date) Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 APPENDIX D Summary of Options Considered    Building a legacy – your legacy.  701 Xenia Avenue South   Suite 300   Minneapolis, MN 55416   Tel:  763‐541‐4800           Fax:  763‐541‐1700      Equal Opportunity Employer   wsbeng.com     K:\02029‐790\Admin\Docs\FEASIBILITY STUDY\OPTIONS CONSIDERED\Memo_MGrochala_051316.docx  Memorandum    To: Michael Grochala, City of Lino Lakes     From: Katy Thompson, PE    Date: May 19, 2016    Re: Lino Lakes Northeast Drainage Area – Options Considered    WSB Project No.  02029‐790      Below is a summary of the design options that have been considered to alleviate the drainage issues in  the Northeast Drainage Area of Lino Lakes.    SUMMARY OF OPTIONS CONSIDERED    OPTION 1: USE EXISTING DRAINAGE SYSTEMS  This option is further broken down into three alternatives, utilizing the existing Anoka County Ditches  within the drainage area, Anoka County Ditch 55 (ACD55) and Anoka County Ditch 72 (ACD72).  The  existing ditches have a 33‐foot easement, on center.      Option 1A: Existing System to Remain In Place  The existing system (Figure 1) is in need of maintenance, with RCWD having completed a study in 2014  outlining system improvements.  The capacity of the system is not sufficient to develop the area as  established in the City of Lino Lakes Comprehensive Plan.  For property owners to make improvements  in this drainage area, per RCWD rules, they may need to dedicate up to 40% of their developable land  for stormwater management, including ponding of back‐to‐back 100‐year flood events and infiltration  requirements.  This area has tight soils and infiltration options are costly and limited.  Spray irrigation is  temporarily being used to meet the requirements at the McDonald’s site until a regional BMP is  constructed.    The existing system does not provide treatment upstream of Peltier Lake which is classified as an  impaired waterbody. Any proposed project must not impair water quality or flood storage within or  downstream of Peltier Lake.  This option was not considered for further analysis.    Option 1B: Outlet to Clearwater Creek  This option considered the lands drained by ACD 55 to the east of I‐35E and proposed to reroute this  drainage area south, via storm pipe, along the proposed Otter Lake Road extension, to Clearwater Creek  (Figure 2).  This option benefits 710 acres, of which 495 are in Lino Lakes.  This option was not  considered for further analysis in the feasibility study due to adverse impacts to Clearwater Creek,  including increased discharge and potential bank erosion concerns.    Mr. Michael Grochala  May 19, 2016  Page 2   Option 1C: Direct Developed Runoff To ACD72  This option would use the existing ACD 72 alignment south of Eagle Brook Church and north of 77th  Street East (Figure 3) and would replace the existing drain tile with 72‐inch storm sewer to serve the  study area.  This option would also include additional regional storage ponds to the west of Eagle Brook  Church and on City‐owned parcels off of Rehbein Street.  Since the alternative is utilizing the existing  alignment for ACD 72, there are existing easements in place and no additional acquisitions would be  necessary.     Unfortunately due to the existing topography along this alignment, a large portion of the study area on  the west side would be unable to connect to the new storm sewer.  In order to benefit the entire study  area, an additional outfall is still required.  This option was not considered for further analysis in the  feasibility study.    Option 1D: New Outfall with ACD72  Due to the limitations of using the existing ACD72 alignment, a modification to Option 1A was  considered.  This option continues to use the ACD 72 ditch system for the northern portion of the study  area, but includes a new outfall to Peltier Lake (Figure 4).  This option would allow for the different  timing of development within the watershed and facilitate the Watermark development in the short  term, while providing flexibility for future development in the northern portion of the study area to tie  into ACD 72 or the new outfall.  Additional analysis would be required to determine the ultimate pipe  sizes to accommodate the entire drainage area through these two outlets.    Option 1E: New Outfall with ACD 72 and ACD 55  This option is the same as 1B, however would also use the available capacity in ACD 55 in the southern  portion of the watershed for future development (Figure 5).  This option would need to be evaluated to  ensure no adverse impacts to Clearwater Creek occur due to increased discharge through ACD 55, as  well as to determine required pipe sizes.    OPTION 2: NORTH OUTFALL  This option aligns the new outfall to the north of the study area and would allow landowners to vacate  some of the existing drain tile on their property in the interim condition, as well as require minimal  easements and avoidance of existing wetlands. It does remove approximately 60 acres from the  benefitted area and limits the siting of regional storage facilities (Figure 6).    Option 2A: North Open Channel  The initial alignment considered an open channel; however it was removed from consideration in the  feasibility study due to concerns over cost and land acquisitions.    Option 2B: North Storm Sewer  The second north outfall option considered the same alignment, but using storm sewer, rather than an  open ditch.  This reduces the amount of land acquisition necessary from 100‐feet, on center, to roughly  70‐feet.    OPTION 3: SOUTH OUTFALL  This option would align the new outfall through existing wetlands and the reconstruction of Peltier Lake  Drive along the final 700 feet of pipe (Figure 7).  This option would serve the entire study area; however,  it may prove difficult for landowners south of Rehbein Street to tie into the new storm sewer along the  southern border.  Land acquisition through this alignment would be less costly due to the presence of  wetlands, than through the more developable upland area.  Care must be taken during installation not  Mr. Michael Grochala  May 19, 2016  Page 3   to impact the existing wetlands through inadvertent drainage and to ensure the alignment is compatible  with the existing Wetland Management Corridor.     OPTION 4: CENTRAL OUTFALL  This option would align the new outlet along property lines through the center of the study area (Figure  8).  Benefits of this option include splitting the maintenance corridor between two landowners and  utilizing existing low ground in the study area.  Disadvantages include the cost of acquiring easements in  highly‐developable land, impacts to existing wetlands, and lack of adequate cover for the pipe in some  locations.    OPTION 5: MODIFIED CENTRAL OUTFALL  This option further refines Option 4, using the central outlet location on Peltier Lake Drive, but adjusting  the alignment to follow the edges of wetlands to avoid wetland impacts (Figure 9).    OPTION 6: OPEN CHANNEL  This option is based on Option 5, but rather than a 72‐inch underground pipe, this option replaces the  pipeline with a two‐stage open channel along roughly the same alignment.  This option would require a  100‐ft easement, rather than a 70‐ft easement for the pipe option, but has more long‐term flexibility.  A  channel can handle larger flows, provides additional stormwater detention, and creates a public amenity  for the community. Option 6 also has the added benefit of allowing for flexibility with future  development plans, as it would be less costly to realign a ditch than a pipe.     Ultimately the preferred option would be either Option 5 or 6, with a central outfall location.  This  location would benefit the most parties and be the most flexible for future development.      ENVISION ANALYSIS    There are a number of different rating systems to determine how sustainable, or “green,” an  infrastructure project will be.  The Envision™ Rating System was developed by the Institute for  Sustainable Infrastructure and Harvard University’s Zofnass Program for Sustainable Infrastructure.  It is  a free tool, developed to be a broad‐based rating system for the evaluation of all kinds of civil  infrastructure projects.      The Envision™ Rating System was used to evaluate a simplistic pipe option versus greenway alignment  based on their overall contribution to the economic, environmental and social aspects of sustainability,  or the triple bottom line.  It provides a way to holistically view the two options and ensure that the  ultimate project provides the maximum value to the residents of Lino Lakes, is sustainable, and is an  effective use of funding.      The pipe option was evaluated against the open channel option using the Envision™ Checklist (Table 1).   The pipe option received a total of 67 points out of 128 for a score of 52% of the total possible points,  while the channel option (Table 2) received a total of 95 out of 129 points for a score of 75% of the total  possible points.  From the triple bottom line standpoint, the channel option out performs the pipe  option.  It does so in all the categories: Quality of Life, Resource Allocation, Natural World and Climate.   It particularly fairs well in the Natural World category by providing additional environmental benefits,  but it also does better in the Quality of Life by enhancing public space opportunities for the residents of  Lino Lakes.  It also is a more resilient option in the face of shifting climate dynamics because the capacity  of the system will not be limited by a single pipeline.    Mr. Michael Grochala  May 19, 2016  Page 4       COST ANLYSIS    In order to quickly evaluate the relative costs of the many alternatives, the options were compared  solely based on the area benefitted, the length of new pipe, land acquisition necessary for easements,  and any unique costs associated with that option.  Unique costs include the use of bentonite for options  with alignments through existing wetlands (Options 3 and 4), and the reconstruction of Peltier Lake  Drive (Option 3).  The summary of the relative costs is shown below:     Area Served [ac] Relative Cost [$] Envision™ Score Cost per Acre Served Cost per Envision™ Point Awarded Option 1A 1256 $ - - $ - $ - Option 1B 710 $ 1,049,000 - $ 1,477 $ - Option 1C 1197 $ 1,260,000 67 $ 1,053 $ 18,800 Option 1D 1382 $ 1,945,000 67 $ 1,407 $ 29,000 Option 1E 1382 $ 1,988,000 67 $ 1,438 $ 29,700 Option 2A 1325 $ 1,552,000 95 $ 1,171 $ 16,300 Option 2B 1325 $ 2,128,000 67 $ 1,606 $ 31,800 Option 3 1382 $ 1,697,000 67 $ 1,228 $ 25,300 Option 4 1382 $ 1,429,000 67 $ 1,034 $ 21,300 Option 5 1382 $ 1,086,000 67 $ 786 $ 16,200 Option 6 1382 $ 502,000 95 $ 363 $ 5,300   The most expensive alternative is Option 2B, due to the length of new pipe and because this location has  naturally high ground.  The pipe will be fairly deep below the ground elevation, which will require a  greater easement and associated cost.     Based on this analysis Option 6, the central outfall with open channel, is the most cost‐effective and  sustainable option for the City of Lino Lakes.  It serves the most land, scored highest in Envision™, and  the relative cost of pipe versus easement acquisition is the least of all alternatives considered.  CENTERVILLE HUGO LINO LAKES JD 3 Main TrkClearwater CreekdCr Main Street 80th Street East 20th AvenueRehbein Street ACD 72 Main Trk ACD 55 Main TrkA C D 5 5 M a in T r k ACD 55 Br 8 ACD 72 Br 11 ACD 72 Main Trk ACD 72 Br 1 A C D 7 2 M ain Trk Peltier Lake Figure 1. Option 1 Existing Drainage Systems N LEGEND Benefitted Area Existing Drain Tile Existing Open Ditch Stream 0 2,000 Feet §¨¦35W CENTERVILLE HUGO LINO LAKES J D 3 M a in T r k JD 3 Main TrkClearwater CreekHardwood Cr Main Street 80th Street East 20th AvenueACD 72 Main Trk ACD 55 Main TrkA C D 5 5 M a in T rk ACD 55 Br 8 ACD 72 Br 11 ACD 72 Main Trk ACD 72 Br 1 A C D 7 2 M ain Trk Peltier Lake Centerville Lake Figure 2. Option 1B Clearwater Creek Outlet N LEGEND Benefitted Area Proposed Alignment Existing Drain Tile Existing Open Ditch Stream 0 2,000 Feet CENTERVILLE HUGO LINO LAKES JD 3 Main TrkClearwater CreekdCr Main Street 80th Street East 20th Avenue77th Street East Rehbein Street Peltier Lake Figure 3. Option 1C Improve ACD72 N LEGEND Benefitted Area Proposed Alignment Proposed Regional Storage Existing Drain Tile Existing Open Ditch Stream 0 2,000 Feet CENTERVILLE HUGO LINO LAKES JD 3 Main TrkClearwater CreekdCr Main Street 80th Street East 20th Avenue77th Street East Rehbein Street Peltier Lake Figure 4. Option 1D New Outfall and ACD72 N LEGEND Benefitted Area Proposed Alignment Proposed Regional Storage Existing Drain Tile Existing Open Ditch Stream 0 2,000 Feet CENTERVILLE HUGO LINO LAKES JD 3 Main TrkClearwater CreekMain Street 80th Street East 20th Avenue77th Street East Rehbein Street Peltier Lake Figure 5. Option 1E New Outfall, ACD72 and ACD55 N LEGEND Benefitted Area Proposed Alignment Proposed Regional Storage Existing Drain Tile Existing Open Ditch Stream 0 2,000 Feet CENTERVILLE HUGO LINO LAKES JD 3 Main TrkClearwater CreekMain Street 80th Street East 20th AvenuePeltier Lake Figure 6. Option 2 North Outfall Alignment N LEGEND Benefitted Area Proposed Alignment Proposed Regional Storage Existing Drain Tile Existing Open Ditch Stream 0 2,000 Feet CENTERVILLE HUGO LINO LAKES JD 3 Main TrkClearwater CreekMain Street 80th Street East 20th AvenuePeltier Lake Figure 7. Option 3 South Outfall Alignment N LEGEND Benefitted Area Proposed Alignment Proposed Regional Storage Existing Drain Tile Existing Open Ditch Stream 0 2,000 Feet CENTERVILLE HUGO LINO LAKES JD 3 Main TrkClearwater CreekMain Street 80th Street East 20th AvenueRehbein Street Peltier Lake Figure 8. Option 4 Central Outfall Alignment N LEGEND Benefitted Area Proposed Alignment Proposed Regional Storage Existing Drain Tile Existing Open Ditch Stream 0 2,000 Feet CENTERVILLE HUGO LINO LAKES JD 3 Main TrkClearwater CreekMain Street 80th Street East 20th AvenueRehbein Street Peltier Lake Figure 9. Option 5 Modified Central Outfall Alignment N LEGEND Benefitted Area Proposed Alignment Proposed Regional Storage Existing Drain Tile Existing Open Ditch Stream 0 2,000 Feet TABLE 1. PIPE OPTION Envision Rating System Pre-Assessment Checklist YNNA 1 QL1.1 Improve Community Quality of Life 3 0 0 1 3 of 3 2 QL1.2 Stimulate Sustainable Growth and Development 1 2 0 0 1 of 3 3 QL1.3 Develop Local Skills and Capabilities 0 3 0 0 0 of 3 4 QL2.1 Enhance Public Health and Safety 0 1 0 0 0 of 1 5 QL2.2 Minimize Noise and Vibration 0 1 0 0 0 of 1 6 QL2.3 Minimize Light Pollution 0 0 1 0 of 0 7 QL2.4 Improve Community Mobility and Access 1 2 0 0 1 of 3 8 QL2.5 Encourage Alternative Modes of Transportation 0 2 0 0 0 of 2 9 QL2.6 Improve Site Accessibility, Safety and Wayfinding 3 0 0 1 3 of 3 10 QL3.1 Preserve Historic and Cultural Resources 2 0 0 1 2 of 2 11 QL3.2 Preserve Views and Local Character 1 1 0 1 1 of 2 12 QL3.3 Enhance Public Space 0 2 0 0 0 of 2 TOTAL 11 14 1 11 of 2504205400413LD1.1 Provide Effective Leadership and Commitment 1 2 0 0 1 of 3 14 LD1.2 Establish a Sustainability Management System 0 1 0 0 0 of 1 15 LD1.3 Foster Collaboration and Teamwork 3 0 0 1 3 of 3 16 LD1.4 Provide for Stakeholder Involvement 3 0 0 1 3 of 3 17 LD2.1 Pursue By-product Synergy Opportunities 0 1 0 0 0 of 1 18 LD2.2 Improve Infrastructure Integration 3 0 0 1 3 of 3 19 LD3.1 Plan for Long-term Monitoring and Maintenance 2 0 0 1 2 of 2 20 LD3.2 Address Conflicting Regulations and Policies 2 0 0 1 2 of 2 21 LD3.3 Extend Useful Life 0 1 0 0 0 of 1 TOTAL 14 5 0 14 of 1907402600022RA1.1 Reduce Net Embodied Energy 0 1 1 0 0 of 1 23 RA1.2 Support Sustainable Procurement Practices 0 3 0 0 0 of 3 24 RA1.3 Use Recycled Materials 0 2 0 0 0 of 2 25 RA1.4 Use Regional Materials 1 1 0 1 1 of 2 26 RA1.5 Divert Waste from Landfills 1 2 0 0 1 of 3 27 RA1.6 Reduce Excavated Materials Taken off Site 3 0 0 1 3 of 3 28 RA1.7 Provide for Deconstruction and Recycling 1 2 0 0 1 of 3 29 RA2.1 Reduce Energy Consumption 1 2 0 0 1 of 3 30 RA2.2 Use Renewable Energy 1 1 0 1 1 of 2 31 RA2.3 Commission and Monitor Energy Systems 1 2 0 0 1 of 3 32 RA3.1 Protect Fresh Water Availability 5 1 1 1 5 of 6 33 RA3.2 Reduce Potable Water Consumption 2 2 0 1 2 of 4 34 RA3.3 Monitor Water Systems 0 0 4 0 of 0 TOTAL 16 19 6 16 of 3503904601535NW1.1 Preserve Prime Habitat 3 2 0 1 3 of 5 36 NW1.2 Protect Wetlands and Surface Water 2 1 0 1 2 of 3 37 NW1.3 Preserve Prime Farmland 0 0 1 0 of 0 38 NW1.4 Avoid Adverse Geology 2 0 1 1 2 of 2 39 NW1.5 Preserve Floodplain Functions 1 2 3 0 1 of 3 40 NW1.6 Avoid Unsuitable Development on Steep Slopes 002 0 of 0 41 NW1.7 Preserve Greenfields 2 0 0 1 2 of 2 42 NW2.1 Manage Stormwater 1 1 0 1 1 of 2 43 NW2.2 Reduce Pesticide and Fertilizer Impacts 0 4 1 0 0 of 4 44 NW2.3 Prevent Surface and Groundwater Contamination 3 1 0 1 3 of 4 45 NW3.1 Preserve Species Biodiversity 2 2 0 1 2 of 4 46 NW3.2 Control Invasive Species 1 2 0 0 1 of 3 47 NW3.3 Restore Disturbed Soils 1 1 0 1 1 of 2 48 NW3.4 Maintain Wetland and Surface Water Functions 4 1 0 1 4 of 5 TOTAL 22 17 8 22 of 39 0.47 0.36 0.1749CR1.1 Reduce Greenhouse Gas Emissions 0 1 1 0 0 of 1 50 CR1.2 Reduce Air Pollutant Emissions 0 2 0 0 0 of 2 51 CR2.1 Assess Climate Threat 0 1 0 0 0 of 1 52 CR2.2 Avoid Traps and Vulnerabilities 2 0 0 1 2 of 2 53 CR2.3 Prepare for Long-term Adaptability 0 1 0 0 0 of 1 54 CR2.4 Prepare for Short-term Hazards 2 0 0 1 2 of 2 55 CR2.5 Manage Heat Island Effects 0 1 0 0 0 of 1 TOTAL 4 6 1 4 of 10036055009NATURAL WORLDSITING LAND & WATER BIODIVERSITY CLIMATEEMISSION RESILIENCELEADERSHIPCOLLABORATION MANAGEMENT PLANNING RESOURCE ALLOCATIONMATERIALS ENERGY WATERQUALITY OF LIFEPURPOSE COMMUNITY WELLBEING NE LINO PIPE OPTION TABLE 2. GREENWAY OPTION Envision Rating System Pre-Assessment Checklist YNNA 1 QL1.1 Improve Community Quality of Life 3 0 0 1 3 of 3 2 QL1.2 Stimulate Sustainable Growth and Development 1 2 0 0 1 of 3 3 QL1.3 Develop Local Skills and Capabilities 0 3 0 0 0 of 3 4 QL2.1 Enhance Public Health and Safety 0 1 0 0 0 of 1 5 QL2.2 Minimize Noise and Vibration 0 1 0 0 0 of 1 6 QL2.3 Minimize Light Pollution 0 0 1 0 of 0 7 QL2.4 Improve Community Mobility and Access 3 0 0 1 3 of 3 8 QL2.5 Encourage Alternative Modes of Transportation 2 0 0 1 2 of 2 9 QL2.6 Improve Site Accessibility, Safety and Wayfinding 3 0 0 1 3 of 3 10 QL3.1 Preserve Historic and Cultural Resources 2 0 0 1 2 of 2 11 QL3.2 Preserve Views and Local Character 2 0 0 1 2 of 2 12 QL3.3 Enhance Public Space 2 0 0 1 2 of 2 TOTAL 18 7 1 18 of 2506902700413LD1.1 Provide Effective Leadership and Commitment 1 2 0 0 1 of 3 14 LD1.2 Establish a Sustainability Management System 0 1 0 0 0 of 1 15 LD1.3 Foster Collaboration and Teamwork 3 0 0 1 3 of 3 16 LD1.4 Provide for Stakeholder Involvement 3 0 0 1 3 of 3 17 LD2.1 Pursue By-product Synergy Opportunities 0 1 0 0 0 of 1 18 LD2.2 Improve Infrastructure Integration 3 0 0 1 3 of 3 19 LD3.1 Plan for Long-term Monitoring and Maintenance 2 0 0 1 2 of 2 20 LD3.2 Address Conflicting Regulations and Policies 2 0 0 1 2 of 2 21 LD3.3 Extend Useful Life 1 0 0 1 1 of 1 TOTAL 15 4 0 15 of 1907902100022RA1.1 Reduce Net Embodied Energy 0 1 1 0 0 of 1 23 RA1.2 Support Sustainable Procurement Practices 0 3 0 0 0 of 3 24 RA1.3 Use Recycled Materials 0 2 0 0 0 of 2 25 RA1.4 Use Regional Materials 1 1 0 1 1 of 2 26 RA1.5 Divert Waste from Landfills 1 2 0 0 1 of 3 27 RA1.6 Reduce Excavated Materials Taken off Site 3 0 0 1 3 of 3 28 RA1.7 Provide for Deconstruction and Recycling 1 2 0 0 1 of 3 29 RA2.1 Reduce Energy Consumption 1 2 0 0 1 of 3 30 RA2.2 Use Renewable Energy 1 1 0 1 1 of 2 31 RA2.3 Commission and Monitor Energy Systems 1 2 0 0 1 of 3 32 RA3.1 Protect Fresh Water Availability 6 0 1 1 6 of 6 33 RA3.2 Reduce Potable Water Consumption 3 1 0 1 3 of 4 34 RA3.3 Monitor Water Systems 0 0 4 0 of 0 TOTAL 18 17 6 18 of 3504404101535NW1.1 Preserve Prime Habitat 5 0 0 1 5 of 5 36 NW1.2 Protect Wetlands and Surface Water 3 0 0 1 3 of 3 37 NW1.3 Preserve Prime Farmland 0 0 1 0 of 0 38 NW1.4 Avoid Adverse Geology 2 0 1 1 2 of 2 39 NW1.5 Preserve Floodplain Functions 3 0 3 1 3 of 3 40 NW1.6 Avoid Unsuitable Development on Steep Slopes 002 0 of 0 41 NW1.7 Preserve Greenfields 2 0 0 1 2 of 2 42 NW2.1 Manage Stormwater 2 0 0 1 2 of 2 43 NW2.2 Reduce Pesticide and Fertilizer Impacts 5 0 0 1 5 of 5 44 NW2.3 Prevent Surface and Groundwater Contamination 4 0 0 1 4 of 4 45 NW3.1 Preserve Species Biodiversity 4 0 0 1 4 of 4 46 NW3.2 Control Invasive Species 1 2 0 0 1 of 3 47 NW3.3 Restore Disturbed Soils 2 0 0 1 2 of 2 48 NW3.4 Maintain Wetland and Surface Water Functions 5 0 0 1 5 of 5 TOTAL 38 2 7 38 of 40 0.81 0.04 0.1549CR1.1 Reduce Greenhouse Gas Emissions 0 1 1 0 0 of 1 50 CR1.2 Reduce Air Pollutant Emissions 1 1 0 1 1 of 2 51 CR2.1 Assess Climate Threat 0 1 0 0 0 of 1 52 CR2.2 Avoid Traps and Vulnerabilities 2 0 0 1 2 of 2 53 CR2.3 Prepare for Long-term Adaptability 1 0 0 1 1 of 1 54 CR2.4 Prepare for Short-term Hazards 2 0 0 1 2 of 2 55 CR2.5 Manage Heat Island Effects 0 1 0 0 0 of 1 TOTAL 6 4 1 6 of 10055036009NATURAL WORLDSITING LAND & WATER BIODIVERSITY CLIMATEEMISSION RESILIENCELEADERSHIPCOLLABORATION MANAGEMENT PLANNING RESOURCE ALLOCATIONMATERIALS ENERGY WATERQUALITY OF LIFEPURPOSE COMMUNITY WELLBEING Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 APPENDIX E Conceptual Layout and Details SALO TRUSTEE BERNICE & SALO TRUSTEE JAMESLEIBEL HAL LLAKE DRIVEPELTIER 20TH AVE K:\02029-790\Cad\Plan\NE Area 6-22-16 Final.dwg Northeast Lino Lakes Comprehensive Stormwater Management Plan City of Lino Lakes, MN K:\02029-790\Cad\Proposed\WSB_CWF_Option 12-04-15.dwg Northeast Lino Lakes Comprehensive Stormwater Management Plan City of Lino Lakes, MN K:\02029-790\Cad\Proposed\WSB_CWF_Option 12-04-15.dwg Northeast Lino Lakes Comprehensive Stormwater Management Plan City of Lino Lakes, MN K:\02029-790\Cad\Proposed\WSB_CWF_Option 12-04-15.dwg Northeast Lino Lakes Comprehensive Stormwater Management Plan City of Lino Lakes, MN Feasibility Report Northeast Lino Lakes Drainage Improvement Project WSB Project No. 2029-790 APPENDIX F Opinion of Probable Cost WSB Engineer's Estimate Project Number: 02029-79 Project Title or Name: LINO - Work Plan to Develop Expanded Water Resource Management Guide Plan Work Type: Feasibility Item No. Description Units Base Bid / Alternate Quantity Unit Price Total Price Easements/Acquisition 2011.601 R/W CONSTRUCTION EASEMENTS LS Base Bid 1.00 $353,717.00 $353,717.00 2021.601 PERMIT FEES LUMP SUM Base Bid 1.00 $15,000.00 $15,000.00 2105.601 WETLAND RESTORATION LUMP SUM Base Bid 1.00 $10,000.00 $10,000.00 Total Easements/Acquisition $378,717.00 Storm Sewer Improvements 2021.501 MOBILIZATION (5%) LUMP SUM Base Bid 1.00 $80,000.00 $80,000.00 2105.601 DEWATERING LUMP SUM Base Bid 1.00 $20,000.00 $20,000.00 2105.607 CLAY ANTI SEEPAGE COLLOR CU YD Base Bid 2.00 $5,000.00 $10,000.00 2412.511 8X4 PRECAST CONCRETE BOX CULVERT LIN FT Base Bid 40.00 $850.00 $34,000.00 2412.512 8X4 PRECAST CONCRETE BOX CULVERT END SECTION EACH Base Bid 2.00 $7,200.00 $14,400.00 2501.515 60" RC PIPE APRON EACH Base Bid 1.00 $3,000.00 $3,000.00 2501.515 42" RC PIPE APRON W/TRASH GUARD EACH Base Bid 1.00 $4,000.00 $4,000.00 2501.561 60" RC PIPE CULVERT DESIGN 3006 CLASS V-JACKED LIN FT Base Bid 225.00 $2,000.00 $450,000.00 2501.602 TRASH GUARD FOR 60" PIPE APRON EACH Base Bid 1.00 $2,000.00 $2,000.00 2501.602 SLUICE GATE FOR 48" PIPE EACH Base Bid 4.00 $20,000.00 $80,000.00 2503.541 36" RC PIPE SEWER DESIGN 3006 CLASS III LIN FT Base Bid 2,295.00 $100.00 $229,500.00 2503.541 42" RC PIPE SEWER DESIGN 3006 CLASS III LIN FT Base Bid 3,225.00 $125.00 $403,125.00 2503.541 60" RC PIPE SEWER DESIGN 3006 CLASS III LIN FT Base Bid 700.00 $200.00 $140,000.00 2506.516 CASTING ASSEMBLY STORM SEWER EACH Base Bid 18.00 $500.00 $9,000.00 2506.602 OUTLET CONTROL STRUCTURE DESIGN SPECIAL 1 EACH Base Bid 4.00 $10,000.00 $40,000.00 2506.603 CONST 96" DIA SAN SEWER MANHOLE LIN FT Base Bid 30.00 $700.00 $21,000.00 2506.603 CONST 60" DIA SAN SEWER MANHOLE LIN FT Base Bid 19.00 $500.00 $9,500.00 2506.603 CONST 72" DIA SAN SEWER LIN FT Base Bid 19.30 $600.00 $11,580.00 Page 1 of 2 6/22/2016http://wsb10/RtAEC/Reports/rpt_EngineersEstimate.asp?WorkOrderId=9817 MANHOLE 2506.603 CONST 84" DIA SAN SEWER MANHOLE LIN FT Base Bid 26.00 $700.00 $18,200.00 2545.601 ELECTRICAL, CONTROLS, AND SCADA LUMP SUM Base Bid 1.00 $50,000.00 $50,000.00 Total Storm Sewer Improvements $1,629,305.00 Surface Improvements 2021.501 MOBILIZATION (5%) LUMP SUM Base Bid 1.00 $50,000.00 $50,000.00 2104.501 REMOVE CONCRETE CURB AND GUTTER LIN FT Base Bid 240.00 $7.00 $1,680.00 2104.505 REMOVE BITUMINOUS PAVEMENT SQ YD Base Bid 1,000.00 $6.00 $6,000.00 2105.501 COMMON EXCAVATION (EV) (P) CU YD Base Bid 85,000.00 $5.00 $425,000.00 2211.501 AGGREGATE BASE CLASS 5 (TRAIL) TON Base Bid 1,000.00 $20.00 $20,000.00 2211.503 AGGREGATE BASE (CV) CLASS 5 CU YD Base Bid 2,000.00 $50.00 $100,000.00 2360.505 BITUMINOUS PATCHING SQ YD Base Bid 1,500.00 $100.00 $150,000.00 2521.511 3" BITUMINOUS TRAIL SQ YD Base Bid 2,500.00 $20.00 $50,000.00 2531.501 CONCRETE CURB & GUTTER DESIGN B618 LIN FT Base Bid 240.00 $50.00 $12,000.00 2573.603 SILT FENCE TYPE MACHINE SLICED LIN FT Base Bid 15,500.00 $3.00 $46,500.00 2575.604 SEEDING, MIX 270 (INCL TOPSOIL, FERT, MULCH, DISC ANCHOR) ACRE Base Bid 10.00 $5,000.00 $50,000.00 Total Surface Improvements $911,180.00 Total $2,919,202.00 Certified By: _______________________________ License No. ________ Date: ____________ Page 2 of 2 6/22/2016http://wsb10/RtAEC/Reports/rpt_EngineersEstimate.asp?WorkOrderId=9817 1 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: June 27, 2016 TOPIC: Consider Second Reading of Ordinance No. 04-16 to Rezone Property from R, Rural and R-BR, Rural-Business Reserve to PUD-Planned Unit Development for Watermark *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of the 2nd reading of the Ordinance No. 04-16 to rezone property from R, Rural and R-BR, Rural-Business Reserve to PUD-Planned Unit Development for Watermark. BACKGROUND Mattamy Partnership submitted a land use application for rezoning and PUD Development Stage/Preliminary Plat review. The proposed development is a master planned residential community located in the northwest quadrant of I-35E and CSAH 14/Main Street. It contains 12 parcels totaling approximately 372 gross acres and consists of a residential density mix of 706 single family lots and 165 townhome units totaling 871 housing units. The proposed development is called as Watermark. The Planning & Zoning Staff Reports dated April 13, 2016 and May 11, 2016 detail the proposed project. Rezoning The parcel is currently zoned R, Rural and R-BR, Rural-Business Reserve and requires rezoning to PUD, Planned Unit Development. The Planning and Zoning Board held a public hearing on April 13, 2016 and continued the hearing to May 11, 2016. The Board found the proposal meets the criteria for rezoning as detailed in Ordinance No. 04-16. RECOMMENDATION The Planning & Zoning Board and staff recommend approval of Ordinance No. 04-16. The 1st reading of the ordinance was approved by Council on June 13, 2016. 2 ATTACHMENTS 1. Site Location Map 2. Ordinance No. 04-16 Site Location Map 0 4,000 8,0002,000 Feet Ronde au Lake 100-yr 888.1 Rice LakeOHWL 883.1100-yr 886.0 Marshan LakeOHWL 883.3100-yr 886.1 Peltier LakeOHWL 884.7100-yr 887.0 Ce nterville LakeOHWL 885.0100-yr 886.3 George Watch Lake 100-yr 886.1 Res hanau LakeOHWL 883.5100-yr 886.0 §¨¦ §¨¦ §¨¦§¨¦ §¨¦ Watermark 35E 35E35W 35W 35W µ 1 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 04-16 ORDINANCE TO REZONE PROPERTY FROM R, R, RURAL AND R-BR, RURAL-BUSINESS RESERVE AND TO PUD-PLANNED UNIT DEVELOPMENT FOR WATERMARK The City Council of Lino Lakes ordains: Section 1: Findings of Fact 1. The City received a Land Use Application to rezone certain property from R, Rural and R-BR, Rural-Business Reserve to PUD-Planned Unit Development. 2. The Planning and Zoning Board held a public hearing on April 13, 2016 and continued the hearing to May 11, 2016. 3. Per Section 1007.015 (5), the Planning and Zoning Board shall consider possible adverse effects of the proposed rezoning and its judgement shall be based upon, but not limited to, the following factors: (a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The proposed Watermark PUD master planned residential development is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities. The development upholds the City’s public values by creating a multi-functional open space greenway corridor integrated with the stormwater conveyance system, wetland management and trails. Watermark is consistent with mixed-use land and density requirements and provides a variety of market driven housing products that support life-cycle housing. Safe transportation corridors and public utilities also serve the development. (b) The proposed use is or will be compatible with present and future land uses of the area. The proposed Watermark development is compatible with the present and future land uses of the area. Existing and future land use to the west is residential. Existing and future land use to the south is commercial. This area will be accessible via pedestrian corridors to support mixed use development. Existing land use to the north is rural residential and guided post-2030 for urban reserve. 2 (c) The proposed use conforms with all performance standards contained herein. The proposed Watermark development conforms with all PUD performance standards as outlined in Section 1007.024(2) General Requirements and Standards: 1. Ownership. Mattamy Partnership Inc. is the sole owner of the property. 2. Comprehensive Plan Consistency. The proposed PUD shall be consistent with the City Comprehensive Plan. The proposed Watermark PUD master planned residential development is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities. The development upholds the City’s public values by creating a multi-functional open space greenway corridor integrated with the stormwater conveyance system, wetland management and trails. Watermark is consistent with mixed-use land and density requirements and provides a variety of market driven housing products that support life-cycle housing. Safe transportation corridors and public utilities also serve the development. 3. Public or Common Open Space. Open space makes up 39% of the Watermark development with 67 acres of wetlands, lakes and storm ponds and 77 acres of parks and open space. A master plan of the 5 acre public park includes pickle ball and basketball courts, playground equipment, picnic area, open space and an overlook. An extensive park trail system is also proposed throughout the greenway corridor and along CSAH 54. 4. Operating and Maintenance Requirements for PUD Common Open Space/Facilities. One (1) Master HOA document and sub-HOA’s with Declaration of Covenants and Conditions shall be recorded against the property with each PUD Final Plan/Final Plat. Public park land and trail corridors will be deeded to the City. Drainage & utility easements and conservation easements will be dedicated to the City and RCWD. 5. Utilities. All single family and townhome utilities will be installed underground. Separate public utilities are provided to each single family home and townhome unit. 6. Roadways, Private. Private roadways within the townhome neighborhood shall have an improved surface of 24-28 feet in width and shall be so designed as to permit the City fire trucks to provide protection to each building. 3 No portion of the required private road system is used in calculating required off-street parking space or be used for parking. 7. Development Agreement. One (1) Master PUD Development Agreement for the entire development and individual Development Agreements with each PUD Final Plan/Final Plat phase of development will be executed. (d) The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. The proposed Watermark development can be accommodated with existing public services and will not overburden the City’s service capacity. The site is ultimately served by MCES Interceptor 76-51 that is adequately sized for the development in the district. The existing water supply and water distribution system can provide adequate water volume and fire protection. Section 2: Amendment The Zoning Ordinance of the City of Lino Lakes is hereby amended to rezone the following described property from R, Rural and R-BR, Rural-Business Reserve to PUD- Planned Unit Development. Section 3: Legal Description PARCEL DESCRIPTION: (Per Schedule A of Title Commitment File No: 13-080132 Z- Second Supplemental, with an effective date of August 4, 2013 at 7:30 A.M., and a supplemental date of September 26, 2013, prepared by DCA Title as agent for Chicago Title Insurance Company) Parcel A: The South Half of the South Half of the Northwest Quarter, Section 13, Township 31 North, Range 22 West, Anoka County, Minnesota. Parcel B: The North Half of the South Half of the Northwest Quarter, Section 13, Township 31 North, Range 22 West, Anoka County, Minnesota. Parcel C: The South Half of the North Half of the Northwest Quarter, Section 13, Township 31 North, Range 22 West, Anoka County, Minnesota. Parcel D: The North Half of the North Half of the Northwest Quarter, Section 13, Township 31 4 North, Range 22 West, Anoka County, Minnesota, except the North 660.00 feet of the West 440.00 feet of the North Half of the North Half of the Northwest Quarter. Parcel E: South 3/4 of the South 1/2 of the Southwest 1/4 of Section 12, Township 31, Range 22, Anoka County, Minnesota, except the North 330 feet of the South 3/4 of the Southwest 1/4 of the Southwest 1/4 and also excepting the South 385 feet of the Southwest 1/4 of the Southwest 1/4 excepting the North 135 feet of the West 150 feet of the South 385 feet of the Southwest Quarter of the Southwest Quarter of Section 12, Township 31, Range 22, Anoka County, Minnesota. Parcel F: The South 385 feet of the Southwest Quarter of the Southwest Quarter excepting the North 135 feet of the West 150 feet of the South 385 feet of the Southwest Quarter of the Southwest Quarter of Section 12, Township 31, Range 22, Anoka County, Minnesota. Parcel G: per Anoka County - included in Parcel E That part of the Southwest Quarter of the Southeast Quarter of Section 12, Township 31, Range 22, Anoka County, Minnesota, lying Westerly of the Westerly right of way of Interstate Highway 35E and Southerly of the Easterly extension of the North line of the South Half of the North Half of the South Half of the Southwest Quarter of Section 12. Parcel H: per Anoka County - included in Parcels B, C & D That part of the Northeast Quarter of Section 13, Township 31, Range 22, lying West of the Westerly Right of Way line of Freeway 35E, Anoka County, Minnesota. PARCEL DESCRIPTION: (Per Schedule A of Title Commitment File No: 13-070380 Z- First Supplemental, with an effective date of June 17, 2013 at 7:30 A.M., and a supplemental date of September 5, 2013, prepared by DCA Title as agent for Chicago Title Insurance Company) Parcel 1: The North half of the North half of the Southwest Quarter, Section 13, Township 31, Range 22 West, Anoka County, Minnesota. Parcel 2: The South half of the Northeast Quarter of the Southwest Quarter, Section 13, Township 31, Range 22 West, Anoka County, Minnesota. Parcel 3: The Southeast Quarter of the Southwest Quarter of Section 13, Township 31 North, Range 22 West, excepting that part thereof which lies Southeasterly of a line run parallel with and distant 100 feet Northwesterly of the following described line, and said line extended Southwesterly; beginning at a point on the South line of said Section 13, distant 2566.7 feet East of the Southwest corner thereof; thence run Northeasterly at an angle of 79 degrees 05 minutes 55 seconds with said Section line 566 feet; thence deflect to the 5 left on a 1 degree 00 minute curve (delta angle 9 degrees 43 minutes 35 seconds) for 972.6 feet and there terminating, Anoka County, Minnesota. Parcel A1: South Half of the Northwest Quarter of the Southwest Quarter, Section 13, Township 31 North, Range 22 West, except the West 50 feet thereof, Anoka County, Minnesota. Parcel B1: Southwest Quarter of the Southwest Quarter, Section 13, Township 31 North, Range 22 West, except the Westerly Fifty feet thereof, Anoka County, Minnesota. PARCEL DESCRIPTION: (Per Schedule A of Title Commitment File No: 14-090088 ZC - First Supplemental, with an effective date of August 27, 2014 at 7:30 A.M., prepared by DCA Title as agent for Chicago Title Insurance Company) The North 330 feet of the South 3/4 of the Southwest 1/4 of the Southwest 1/4 of Section 12, Township 31, Range 22, Anoka County, Minnesota. Section 4: Development Regulations The development shall conform to the plans, requirements, and conditions of approval as listed in Council Resolution No. 16-51. Section 5: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter and upon the filing of the final plat. Adopted by the Lino Lakes City Council this ____ day of __________________, 2016. The motion for the adoption of the foregoing ordinance was introduced by Council Member_____________and was duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ____________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk 1 CITY COUNCIL AGENDA ITEM 6D STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: June 27, 2016 TOPIC: Arnt Construction Company, Inc. Temporary Batch Plant i. Consider Resolution No. 16-58 Approving Interim Use Permit for Temporary Batch Plant ii. Consider Resolution No. 16-59 Approving Site Improvement Performance Agreement VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of an Interim Use Permit for Arnt Construction Company, Inc. for a Temporary Batch Plant. Complete Application Date: April 14, 2016 60-Day Review Deadline: June 13, 2016 120-Day Review Deadline: August 12, 2016 Environmental Board Meeting: NA Park Board Meeting: NA Planning & Zoning Board Meeting: May 11, 2016 Tentative City Council Work Session: June 27, 2016 Tentative City Council Meeting: June 27, 2016 BACKGROUND Arnt Construction Company, Inc. submitted a land use application for an Interim Use Permit for a temporary batch plant to be located at 2209 Phelps Road (PID #24-31-22-42-0012). The Land Use Application references 2190 Phelps Road but Anoka County GIS has the subject site addressed as 2209 Phelps Road. The staff report is based on the following plan sets: • Temporary Concrete Plant Site Plan prepared by EG Rud & Sons revision date June 6, 2016 2 • SWPPP prepared by Plowe Engineering dated June 9, 2016 Analysis The Planning & Zoning Staff Report dated May 11, 2016 provides details of project. PCI Roads, LLC will be setting up a temporary concrete batch plant at Arnt Construction (2209 Phelps Road) for a MNDOT road construction project on I-35E. The plant will be on site for 3 to 4 weeks. Concrete will be produced for 8 days and the remaining time is for assembly and disassembly of the equipment. The approved haul routes are as follows: 1. I-35E north to Anoka County Road 14 east to Anoka County Road 84 south to the site. 2. County Road 84 (at Phelps Road) north to Anoka County Road 14 west to I-35E south to project. The Planning & Zoning Board held a public hearing on May 11, 2016. There were no public comments and the Board recommended approval with a 5-0 vote. A Site Improvement Performance Agreement is required as detailed in Resolution No. 16-59. RECOMMENDATION Staff and the Board recommend approval of Resolution Nos. 16-58 and No. 16-59. ATTACHMENTS 1. Site Location Map 2. Temporary Concrete Plant Site Plan prepared by EG Rud & Sons revision date June 6, 2016 3. Resolution No. 16-58 4. Resolution No. 16-59 5. Site Improvement Performance Agreement 0 1,000 2,000500 Feet IJ84 §¨¦I-35E MAIN STMAIN ST20TH AVE20TH AVE24TH AVE24TH AVE70TH ST70TH ST C E D A R S TCEDAR S TOTTER LAKE RDOTTER LAKE RD21ST AVE21ST AVEPHELPS RDPHELPS RD OTTER LAKE SERVICE RDOTTER LAKE SERVICE RDOTTER LAKE RDOTTER LAKE RDSite Location Map µ Temporary Batch Plant2209 Phelps Road 1 CITY OF LINO LAKES RESOLUTION NO. 16-58 RESOLUTION APPROVING AN INTERIM USE PERMIT FOR A TEMPORARY BATCH PLANT FOR ARNT CONSTRUCTION COMPANY, INC. (2209 PHELPS ROAD) WHEREAS, the City received an application from Arnt Construction Company, Inc. for an interim use permit for a temporary batch plant to be located at 2209 Phelps Road hereafter referred to as “Development”; and WHEREAS, City staff completed a review of the following: • Temporary Concrete Plant Site Plan prepared by EG Rud & Sons revision date June 6, 2016 • SWPPP prepared by Plowe Engineering dated June 9, 2016 WHEREAS, the property is zoned LI, Light Industrial and allows temporary batch plants with an interim use permit; and WHEREAS, the legal description of the subject property PID #24-31-22-42-0012 is: THAT PRT OF E1/2 OF NW1/4 OF SE1/4 OF SEC 24 TWP 31 RGE 22 DESC AS FOL, BEG AT A PT ON W LINE OF SD E1/2 815.67 FT NLY OF SW COR THEREOF (SD W LINE HAS AN ASSD BRG OF N 0 DEG 40 MIN E), TH S 89 DEG 37 MIN 08 SEC E 366.28 FT, TH S 01 DEG 04 MIN 05 SEC W 415.80 FT, TH N 74 DEG 57 MIN 35 SEC E 309.59 FT TO E LINE OF SD 1/4 1/4, TH NLY ALG SD E LINE TO N LINE OF SD 1/4 1/4, TH WLY ALG SD N LINE TOINTER/W SD W LINE OF E1/2, TH SLY ALG SD W LINE TO POB, EX RD, SUBJ TO EASE OF REC WHEREAS, a public hearing was held before the Planning & Zoning Board on May 11, 2016 and the Board recommended approval of the interim use permit. NOW, THEREFORE BE IT RESOLVED by The City Council of the City of Lino Lakes hereby makes the following: FINDINGS OF FACT Per Section 1007.017 Administration: Interim Use Permits: (3) General Standards. An interim use shall comply with the following: (b) New Uses. 1. Meets the standards of a conditional use permit set forth in §1007.016 of this Ordinance. 2 The temporary batch plant meets the standards of a conditional use permit as detailed below under Section 1007.016 Administration: Conditional Use Permits. 2. Conforms to the applicable performance standards of this Ordinance. The temporary batch plant conforms to the applicable performance standards as detailed below under Section 1007.046, Batch Plants. 3. The use is allowed in an interim use in the respective zoning district. Temporary batch plants are allowed as an interim use permit per the LI, Light Industrial Zoning District, Section 1007.120 (11)(a). 4. The date or event that will terminate the use can be identified with certainty. The interim use permit will expire on November 30, 2016. 5. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. The temporary batch plant will not impose additional costs on the public. A Site Improvement Performance Agreement and financial sureties shall be required prior to operation. 6. The user agrees to any conditions that the City Council deem appropriate for permission of the use. The user shall agree to any conditions listed in the Council resolution and Site Improvement Performance Agreement. Per Section 1007.016 Administration: Conditional Use Permits: (2)(g) Standards. The Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it finds the following criteria have been met: 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: a. Land Use Plan. b. Transportation Plan. c. Utility (Sewer and Water) Plans. 3 d. Local Water Management Plan. e. Capital Improvement Plan. f. Policy Plan. g. Natural Environment Plan. The temporary batch plant is consistent with the Comprehensive Plan. The property is guided for industrial use. Transportation haul routes have been established and financial sureties shall be provided in the event of any road damage. The City’s water supply system can adequately supply the 24,000 gallons of water needed by the batch plant. An erosion control plan has been approved and shall be implemented. 2. The proposed development application is compatible with present and future land uses of the area. The proposed temporary batch plant is compatible with present and future land uses of the area. The batch plant operation is temporary. Present land use is industrial. Future land use is industrial. A temporary batch plant is allowed with an interim use permit in the LI, Light Industrial District with conditions. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The temporary batch plant conforms to the applicable performance standards as detailed below under Section 1007.046, Batch Plants. 4. Traffic generated by a proposed development application is within the capabilities of the City when: a. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. b. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C. c. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D. d. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. 4 e. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. g. The LOS requirements in paragraphs 1. to 4. above do not apply to the I- 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties, that contribute to traffic at the interchange. h. The City does not relinquish any rights of local determination. Traffic generated by the temporary batch plant is within the capabilities of the City and County transportation system. Transportation haul routes have been established and financial sureties shall be provided in the event of any road damage. 5. The proposed development shall be served with adequate and safe water supply. The proposed temporary batch plant will require approximately 24,000 gallons of water and that can be supported by the existing water system. 6. The proposed development shall be served with an adequate and safe sanitary sewer system The proposed temporary batch plant does not require service by sanitary sewer. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. The proposed temporary batch plant shall not expend City funds. 8. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, 5 property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. The proposed temporary batch plant will not be detrimental to any persons or property. Transportation haul routes and signage shall be utilized to provide traffic control at Phelps Road and Otter Lake Road. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The proposed temporary batch plant will not result in the destruction, loss or damage of natural, scenic or historic features. The existing wetlands and public ditch system will not be affected by the activities. No scenic or historic features exist in the area. Per Section 1007.046, Batch Plants: (3) Requirements. In addition to the General Standards contained within §1007.017, Temporary Batch Plants are also required to comply with the following conditions and performance standards in order to obtain an Interim Use Permit: (a) The Batch Plant shall be located on the site so as to minimize the disturbance of surrounding dwelling units or commercial businesses. Arnt Construction currently operates their road construction/excavation business and stockpiles construction materials on the subject site. The surrounding properties are guided for industrial use. The current construction operation and proposed temporary batch plant are consistent with industrial users. (b) The Batch Plant shall maintain a 50 foot setback from any wetland. The temporary batch plant is located over 160 feet from any potential wetlands. (c) The project intended to be served by the batch plant and a deadline for removal shall be clearly defined. The temporary batch plant will be used by PCI Roads, LLC for a MN/DOT I-35E project. Operations shall not exceed 4 weeks from date of set up and all equipment shall be removed by November 30, 2016. (d) The Hours of Operation shall be clearly defined. Hours of operation shall be consistent with Section 901.03(4)(b): 7:00 a.m. to 7:00 p.m. Monday through Friday 9:00 a.m. to 5:00 p.m. Saturday No construction activity allowed Sunday and federal holidays 6 (e) Access to and from the site shall be reviewed and approved by the City Engineer prior to any site disturbance. Access to the site is from CR 84/Otter Lake Road to Phelps Road. Access has been reviewed by the City Engineer and Anoka County Highway Department. Financial sureties will be required for road damage incurred. (f) A grading, erosion and sediment control plan shall be submitted and approved by the City prior to any site disturbance. A grading plan is not required because no grading is proposed. An erosion and sediment control plan and SWPPP have been submitted and approved by the City. (g) A Storm Water Pollution Prevention plan shall be submitted and approved by the City prior to any site disturbance. A SWPPP has been submitted and approved by the City. (h) A restoration plan shall be submitted and approved by the City prior to any site disturbance. A restoration plan is not required because the existing site operates as a construction/excavation company with stockpile material. The site will continue to operate as such after the temporary batch plant is removed. (i) All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. The temporary batch plant has a permit from MPCA under the Industrial Storm Water Multi-Section General Permit MNR050000. SIC codes 3272 & 3531. A copy of this permit shall be submitted to the City. (j) All applicable Rice Creek Watershed District requirements are satisfactorily met. RCWD has provided a letter waiving any permit requirements. (k) So as to maintain compatibility with the surrounding area and to protect the health, safety and general welfare of the public, the City Council may impose additional limitations, conditions or requirements as it deems necessary. Additional conditions will be detailed in the Council Resolution the interim use permit is approved. 7 (l) The operator and property owner shall enter into a Performance Agreement with the City, and financial sureties shall be posted prior to any site disturbance. A Site Improvement Performance Agreement shall be entered into by the applicant prior to setup and operation of the temporary batch plant. BE IT FURTHER RESOLVED by the City Council of The City of Lino Lakes hereby establishes the following: APPROVED HAUL ROUTES 1. I-35E north to CSAH 14 (Main Street) east to CR 84 (Otter Lake Road) south to Phelps Road. 2. CR 84 (Otter Lake Road) at Phelps Road north to CSAH 14 (Main Street) west to I- 35E south to MNDOT project. HOURS OF OPERATION 7:00 a.m. to 7:00 p.m. Monday through Friday 9:00 a.m. to 5:00 p.m. Saturday No construction activity allowed Sunday and federal holidays CONDITIONS OF OPERATION 1. The temporary batch plant operations shall not exceed 4 weeks from date of set up. 2. The applicant shall notify the City in writing one (1) week prior to set up. 3. All equipment related to the batch plant shall be removed by November 30, 2016. 4. A water meter shall be installed to monitor water use. 5. No additional stockpile materials shall be hauled and deposited on-site during the temporary batch plant operations. 6. The remaining stockpile shall not be increased in size or height after the temporary batch plant is removed. 7. No section of CR 84 (Otter Lake Road) south of Phelps Road shall be used as a haul route. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes hereby approves the interim use permit for a temporary batch plant for Arnt Construction Company, Inc. subject to the following conditions being resolved prior to set up and operation of the plant: 1. The applicant shall sign a Site Improvement Performance Agreement and deposit financial sureties with the City. 2. A copy of the MPCA Industrial Storm Water Multi-Section General Permit MNR050000 shall be submitted to the City. 8 3. The site plan shall include the proposed improvements to the curbing and roadways as discussed at the site visit with the City Engineer. 4. A Traffic Control Plan per MNDOT's MMUTCD shall be submitted to the City. 5. A copy of the Anoka County Haul Route permit shall be submitted to the City. Adopted by the Council of the City of Lino Lakes this 27th day of June, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member_______________ and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY OF LINO LAKES RESOLUTION NO. 16-59 RESOLUTION APPROVING A SITE IMPROVEMENT PERFORMANCE AGREEMENT WITH ARNT CONSTRUCTION COMPANY, INC (INTERIM USE PERMIT FOR TEMPORARY BATCH PLANT) WHEREAS, the City has completed the review of the interim use permit application for a temporary batch plant to be located at 2209 Phelps Road; and WHEREAS, Section 1007.046(3)(l) of the Lino Lakes Zoning Ordinance requires the operator and property owner enter into a Performance Agreement with the City, and financial sureties be posted prior to any site disturbance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Site Improvement Performance Agreement between the City of Lino Lakes and Arnt Construction Company, Inc. is hereby approved, and the Mayor and City Clerk are authorized to execute such agreements on behalf of the City. Adopted by the Council of the City of Lino Lakes this 27th day of June, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member_______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk 2016 20160627 Arnt CUP Batch Plant Site Performance Agreement page 1 of 8 CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this _______ day of _______________, 2016, is by and between the City of Lino Lakes, a municipal corporation organized under the laws of the State of Minnesota, and Arnt Construction Company, Inc. (Developer). WHEREAS, the Developer has received approval of Site Development Plans, hereinafter called the "Plans", by the City of Lino Lakes on the 6th day of June, 2016, and in accordance with the Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property") located at 2190 Phelps Road, Lino Lakes, MN 55038. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: I. DESIGNATION OF IMPROVEMENTS. A. Improvements on the project site to be installed at the Developer’s expense by the Developer as hereinafter provided are hereinafter referred to as “On-site Work”. B. Improvements off the project site to be installed at the Developer’s expense, if any, by the Developer as hereinafter provided are hereinafter referred to as “Off-Site Work”. C. A Maintenance of Stormwater Facilities Agreement is not required with this project. II. ON-SITE WORK. A. On-Site Work. The On-site Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The Work includes a temporary batch plant, such as, but not limited to: traffic control, erosion control, and site restoration. Such improvements shall be completed in accordance with Section IV herein. 2016 20160627 Arnt CUP Batch Plant Site Performance Agreement page 2 of 8 B. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the On-Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The description and estimated cost of Developer's On-site Work are as follows: Description of Improvements Estimated Costs 1. Traffic Control $8,500 2. Erosion Control $3,000 3. Roadway Repair $14,500 4. Restoration $3,000 Total Estimated Cost of Developer Improvements $29,000 Security Requirement (Total * 35%) $10,150 III. RECORD DRAWINGS Record drawings are not required for this project. Once the project is complete the applicant shall notify the City Engineer for a final site approval. IV. COMPLETION DATE. The project shall be completed by November 30, 2016 including site restoration. V. GUARANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty- five (35%) percent of the total estimated cost of Developer's On-site Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract, construction of all required improvements in accordance with the ordinances and specifications of the City and guarantees the workmanship and materials for the site restoration for a period of one year following the City’s 2016 20160627 Arnt CUP Batch Plant Site Performance Agreement page 3 of 8 acceptance of the site restoration. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract, if Developer has been found to be in default of this agreement and only after providing Developer with written notice and opportunity to cure any default. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless sixty (60) days prior to such the City Clerk or Administrator is notified in writing by certified mail or overnight mail that the Letter of Credit will not be renewed. B. Upon written request, The City will grant a reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The Developer may make such requests three times throughout the life of this agreement, with the third and/or final request being at the completion of the project. The City will respond to such request within 30 days time. Prior to the final acceptance of the Developer’s Improvements the City shall require a Letter of Credit or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be agreed to by the City Engineer and Developer and Developer may use the Letter of Credit discussed in Section V.A above. VI. REIMBURSEMENT OF COSTS. A. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the On-site Work, including, but not limited to, the following: 1. Site Plan Review Fee $1,500 2. Administration (Legal, Engineering, Planning, and Contract administration) $7,000 Total Estimated (Budget) Costs for Escrow Account $8,500 B. If it appears that the actual costs incurred will exceed the estimate or that the actual costs incurred will be less than the estimate, then Developer and City shall review the costs required to complete the project. In such case, if the actual costs exceed the estimate, then Developer shall promptly pay the additional sums to the City to pay for the agreed upon increase. However, in such case where the actual costs are less than the estimate, the City shall promptly reimburse to Developer any amounts overpaid by the Developer. The Developer may request a statement of the account each month for review. C. Intentionally Deleted. 2016 20160627 Arnt CUP Batch Plant Site Performance Agreement page 4 of 8 VII. REMEDIES FOR BREACH A. The City shall give prior written notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within twenty (20) days after receipt of such written notice to it, the Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured, the City will proceed with the remedy it deems reasonably appropriate. B. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses reasonably incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may in writing direct the surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time reasonably acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. 2. Completion by the City. The City, after written notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work; provided that all such work is performed in a reasonable manner, the costs are reasonable and the work is completed in a good and workman-like manner and in accordance with the approved plans and specifications. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal to the reasonably estimated cost of completing the Work, plus the City's reasonably estimated expenses as defined herein, including any other reasonable costs, expenses, and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the 2016 20160627 Arnt CUP Batch Plant Site Performance Agreement page 5 of 8 City for the purpose of reimbursing the City for any reasonable costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be promptly returned to the Developer. VIII. OCCUPATION OF PREMISES The Developer agrees that it will not cause to be occupied any portion of the building or improvements to be constructed upon the premises until completion of the building and site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. IX. INSURANCE Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor’s work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no/100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT FOR LITIGATION EXPENSES The City and Developer agree that the prevailing party in any litigation pertaining to the enforcement of this Agreement shall be entitled to reimbursement from the non-prevailing party for all reasonable costs incurred by said prevailing party including court costs and reasonable engineering and attorneys' fees. XI. VALIDITY If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. 2016 20160627 Arnt CUP Batch Plant Site Performance Agreement page 6 of 8 XII. GENERAL A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. D. Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or (i) mailed by United States mail by certified mail (return receipt requested)or (ii) sent by nationally recognized overnight carrier to the addresses hereinbefore set forth on Page 1 . Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail or the overnight carrier in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notices given as above. E. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. F. Hours of Construction Activity. All construction activity shall be limited to the hours set out as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed XIII. VIOLATIONS/BUILDING PERMITS In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer, the City, at its option, and after providing written notice and opportunity to cure to Developer in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and/or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. 2016 20160627 Arnt CUP Batch Plant Site Performance Agreement page 7 of 8 DEVELOPER CITY OF LINO LAKES _________________________ By _________________________ Developer Mayor ATTEST: By _________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2016, by Jeff Reinert as Mayor of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2016 by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public 2016 20160627 Arnt CUP Batch Plant Site Performance Agreement page 8 of 8 STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _______ day of _______________, 2016, before me, a Notary Public within and for said County, personally appeared (Developer), who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 CITY COUNCIL AGENDA ITEM 6E STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: June 27, 2016 TOPIC: Consider Resolution No. 16-61, Calling Public Hearing on a Tax Increment Plan with Respect to the Establishment of a Tax Increment Financing District in the City VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to call a public hearing for the purpose of establishing a new economic development tax increment financing district. BACKGROUND United Properties is proposing to develop 56 Acre area parcel as the Clearwater Creek Business Park. The developer is currently working with a warehouse/distribution company to construct a 402,000 square foot facility on approximately 30 acres of the park. The project will include a 2,100-foot extension of 21st Avenue. The developer has submitted an application for public assistance to offset infrastructure and soil correction costs associated with the site development. The application is currently under review by the City’s financial consultants. The establishment of a Tax Increment Financing (TIF) District requires the preparation of a TIF plan and review by both the school district and county. A public hearing must be held prior to City Council consideration to establish a district. Springsted Inc., the City’s financial consultant, will be providing a review of the proposed plan and TIF request at the July 5, 2016 City Council work session. This resolution sets the public hearing date for July 25, 2016. RECOMMENDATION Staff recommends approval of Resolution No. 16-61 ATTACHMENTS 1. Resolution No. 16-61 2. Map of Proposed District 481689v2 JAE LN140-116 CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 16-61 RESOLUTION CALLING A PUBLIC HEARING ON A TAX INCREMENT PLAN WITH RESPECT TO THE ESTABLISHMENT OF A TAX INCREMENT FINANCING DISTRICT IN THE CITY OF LINO LAKES WHEREAS, the City of Lino Lakes, Minnesota (the “City”) and the Lino Lakes Economic Development Authority (the “Authority”) have established, and the Authority administers, Development District No. 1 (the “Development District”) located within the City and have caused to be created a Development Plan (the “Development Plan”) therefor, pursuant to Minnesota Statutes, Sections 469.090 through 469.1082, as amended (the “EDA Act”); and WHEREAS, pursuant to Minnesota Statutes, Sections 469.174 through 469.1794, as amended (the “TIF Act”), the City and the Authority have proposed to create the Clearwater Creek Business Park Tax Increment Financing District No. 1-12 (the “TIF District”), within the Development District in order to facilitate economic development of certain property in the Development District; and WHEREAS, the proposed TIF District is an economic development district as defined in Section 469.174, subdivision 12 of the TIF Act; and WHEREAS, in order to create the TIF District, the City and the Authority have determined to consider a modification of the Development Plan for the Development District and the adoption of a tax increment financing plan (the “TIF Plan”) for the proposed TIF District and to hold a public hearing regarding those actions in accordance with the EDA Act and the TIF Act; and WHEREAS, the City and the Authority have determined to consider an additional modification of the Development Plan for the Development District to expand the boundaries of the Development District to be coterminous with the City’s boundaries. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota that: 1. The Authority, and its staff and consultants, are hereby authorized and directed to cause to be prepared a modification to the Development Plan and a TIF Plan for the TIF District and to file a copy of such documents in City Hall. 2. The City Clerk is authorized and directed to prepare a notice for publication in the City’s official newspaper setting a public hearing before the City Council on Monday, July 25, 2016, at 6:30 p.m. on the Development Plan and the TIF Plan. The notice shall be in substantially the form attached hereto as EXHIBIT A, shall be published in the newspaper at least ten (10) but not more than thirty (30) days prior to the public hearing, and shall include a map of the Development District and the proposed TIF District. 481689v2 JAE LN140-116 3. The Authority, its staff, and consultants are authorized and directed to transmit a copy of the modified Development Plan and the TIF Plan to the Board of Commissioners of Anoka County and the board of education of the school district where the TIF District will be located at least thirty (30) days before the date of the public hearing. 4. The Authority, its staff, and consultants are directed to take all other actions necessary to bring the modified Development Plan and the TIF Plan before the City Council at the time of the public hearing. Adopted by the Council of the City of Lino Lakes this 27th day of June, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk 481689v2 JAE LN140-116 CITY OF LINO LAKES, MINNESOTA NOTICE OF PUBLIC HEARING NOTICE is hereby given that the City Council of the City of Lino Lakes, Minnesota (the “City”) will meet at City Council chambers of City Hall, located at 600 Town Center Parkway in the City, at or after 6:30 p.m. on Monday, July 25, 2016, to conduct a public hearing on the modification of a development program (the “Development Program”) for Development District No. 1 (the “Development District”) and the establishment of the Clearwater Creek Business Park Tax Increment Financing District (the “TIF District”) within the Development District and the adoption of a tax increment financing plan (the “TIF Plan”) therefor. The TIF District will be administered by the Lino Lakes Economic Development Authority. The boundaries of the Development District and the boundaries of the proposed TIF District are shown in the map below. The boundaries of the Development District are being expanded to be coterminous with the boundaries of the City. The proposed TIF District is an economic development district. Details on the proposal are contained in the Development Program and the TIF Plan, draft copies of which will be available for public inspection at City Hall during regular business hours. [Insert map] Any person wishing to express an opinion on the matters to be considered at the public hearing will be heard orally or in writing. Dated: [Date of publication] BY ORDER OF THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA /s/ Julie Bartell City Clerk City of Lino Lakes, Minnesota IJ84 §¨¦I-35E OTTER LAKE RDOTTER LAKE RDCCEEDDAA RR SS TT21ST AVE21ST AVE2211SSTTAAVVEESSBUTTERNUT STBUTTERNUT ST 70TH ST70TH ST CCLLEEAARRWWAA TTEERR CCRREEEEKK CCTTOTTER LAKE SERVICE RDOTTER LAKE SERVICE RDNN OO RRTT HH EERR NN LL IIGGHHTTSS BBLLVVDD AARRTTHH UU RR CC TTPALM STPALM ST CEDAR STCEDAR ST OOTTTTEERRLLAAKKEERRDDPHELPS RDPHELPS RD CCLLEEAARRWWAATTEERRCCRREE EE KK DDRRÜ06001,200300Feet 6/21/2016 Proposed Tax Increment District Clearwater Creek Business Park Proposed TIF District