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Home My WebLink About02-27-2017 Council Packet EXPANDED AGENDA CITY COUNCIL AGENDA Monday, February 27, 2017 *********** 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 COUNCIL WORK SESSION, 6:00 P.M. Community Room (not televised 1. Confirm Goal-Setting Meeting on April 17 2. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M.  Roll Call - Council Members Rafferty, Kusterman, Manthey, and Mayor Reinert were present; Council Member Maher was absent  Pledge of Allegiance  Open Mike / Public Comment - none  Setting the Agenda: Addition or deletion of agenda items The agenda was amended to remove Item 3A (to be discussed at next council work session) SPECIAL PRESENTATION Emily Parker – Recognition Award 1. CONSENT AGENDA A) Consideration of Expenditures: i) February 27, 2017 (Check No.105416 through 105484) in the amount of $266,917.74. B) Consider approval of February 6, 2017 Work Session Minutes C) Consider approval of February 13, 2017 Council Meeting Minutes D) Consider approval of February 6, 2017 Closed Council Minutes E) Consider Resolution No. 17-15, Peddler License for Pro Star Tree Care F) Consider Approving Application for an Exempt Raffle Event for Lino Lakes Elementary School PTO Action Taken: Motion by Rafferty, seconded by Kusterman, to approve the Consent Agenda, Items 1A through 1F as presented, was adopted 2. FINANCE DEPARTMENT REPORT A) Consider Resolution No. 17-17, Authorizing the Issuance of 2017 Certificates of Indebtedness, Sarah Cotton Council Agenda -2- February 27, 2017 Action Taken: Motion by Kusterman, seconded by Rafferty, to approve Resolution No. 17-17 as presented, was adopted 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Approval of Technical Services Contract with Z Systems, Jeff Karlson (Item removed from agenda for work session discussion) 4. PUBLIC SAFETY DEPARTMENT REPORT No report 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) St Clair Estates, Katie Larsen i. Consider Resolution No. 16-133 Approving Final Plat ii. Consider Resolution No. 16-134 Approving Development Agreement iii. Consider Resolution No. 17-16 Approving Maintenance Agreement for Stormwater Management Facilities Action Taken: Motion by Kusterman, seconded by Manthey, to approve Resolution No. 16-133 as presented, was adopted; Rafferty voted no Action Taken: Motion by Kusterman, seconded by Manthey, to approve Resolution No. 16-134 as presented, was adopted; Rafferty voted no Action Taken: Motion by Kusterman, seconded by Manthey, to approve Resolution No. 17-16 as presented, was adopted; Rafferty voted no B) Consider Second Reading of Ordinance No. 01-17 to Rezone Property from R, Rural to R-1X, Single Family Executive for Erickson Estates, Katie Larsen Action Taken: Motion by Kusterman, seconded by Manthey, to approve the 2nd Reading and Adoption of Ordinance No. 01-17 as presented, was adopted: Yeas, 4; Nays none (Absent – Maher) C) Consider Resolution No. 17-18 Accepting Plans and Specification and Authorizing the Ad for Bid, 2017 Mill and Overlay Project, Diane Hankee Action Taken: Motion by Manthey, seconded by Kusterman, to approve Resolution No. 17-18 as presented, was adopted 7. UNFINISHED BUSINESS None Council Agenda -3- February 27, 2017 8. NEW BUSINESS None Adjournment Rafferty moved to adjourn at 7:10 p.m.; second by Manthey; motion was adopted Community Calendar – A Look Ahead February 28, 2017 through March 13, 2017 Thursday, March 2 8:00 am, Community Room EDAC Monday, March 6 6:00 pm, Community Room Council Work Session Wednesday, March 8 6:30 pm, Council Chambers Planning & Zoning Monday, March 13 6:30 pm, Council Chambers City Council Meeting Updated 2/24/2017 CITY COUNCIL AGENDA Monday, February 27, 2017 *********** 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 COUNCIL WORK SESSION, 6:00 P.M. Community Room (not televised 1. Confirm Goal-Setting Meeting on April 17 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 SPECIAL PRESENTATION  Emily Parker – Recognition Award 1. CONSENT AGENDA A) Consideration of Expenditures: i) February 27, 2017 (Check No.105416 through 105484) in the amount of $266,917.74. B) Consider approval of February 6, 2017 Work Session Minutes C) Consider approval of February 13, 2017 Council Meeting Minutes D) Consider approval of February 6, 2017 Closed Council Minutes E) Consider Resolution No. 17-15, Peddler License for Pro Star Tree Care F) Consider Approving Application for an Exempt Raffle Event for Lino Lakes Elementary School PTO 2. FINANCE DEPARTMENT REPORT A) Consider Resolution No. 17-17, Authorizing the Issuance of 2017 Certificates of Indebtedness, Sarah Cotton 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Approval of Technical Services Contract with Z Systems, Jeff Karlson Council Agenda -2- February 27, 2017 4. PUBLIC SAFETY DEPARTMENT REPORT No report 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) St Clair Estates, Katie Larsen i. Consider Resolution No. 16-133 Approving Final Plat ii. Consider Resolution No. 16-134 Approving Development Agreement iii. Consider Resolution No. 17-16 Approving Maintenance Agreement for Stormwater Management Facilities B) Consider Second Reading of Ordinance No. 01-17 to Rezone Property from R, Rural to R-1X, Single Family Executive for Erickson Estates, Katie Larsen C) Consider Resolution No. 17-18 Accepting Plans and Specification and Authorizing the Ad for Bid, 2017 Mill and Overlay Project, Diane Hankee *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar – A Look Ahead February 27, 2017 through March 13, 2017 Thursday, March 2 8:00 am, Community Room EDAC Monday, March 6 6:00 pm, Community Room Council Work Session Wednesday, March 8 6:30 pm, Council Chambers Planning & Zoning CITY COUNCIL WORK SESSION MINUTES February 6, 2017 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : February 6, 2017 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 9:43 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Kusterman, 7 Maher, Manthey and Mayor Reinert 8 MEMBERS ABSENT : None 9 10 Staff members present: City Administrator Jeff Karlson; Public Safety Director John 11 Swenson; Community Development Director Michael Grochala; Finance Director Sarah 12 Cotton; Public Services Director Rick DeGardner; Environmental Coordinator Marty 13 Asleson; City Planner Katie Larsen; City Engineer Diane Hankee; City Clerk Julie 14 Bartell. 15 1. Environmental Board Goals – Environmental Coordinator Asleson introduced 16 Environmental Board Member Nancy Klebba, who reviewed the written staff report 17 outlining the Board approved goals for the current year. Environmental Coordinator 18 Asleson was asked to explain the difference from last year’s goals and he indicated that 19 the list of goals has been enhanced and Community Development Director Grochala 20 added that the list is quite similar to 2016 goals. 21 22 The council discussed the organics recycling program and Mr. Asleson gave an overview 23 of the growth of that program. 24 25 Mayor Reinert noted that a very important job of the Environmental Board is to review 26 proposed developments and provide input to the council on environmental aspects. He 27 gets a little concerned, with expansion of goals for the group, that they have enough time 28 for a good drill down on those developments. Environmental Coordinator Asleson 29 explained that the process for review of developments remains a priority and the group 30 has even been willing to do on-site visits; the other efforts are also important to the group 31 and he feels there is adequate time and energy for both. 32 33 The council discussed tonnage (recycling) and Mr. Asleson explained that tonnage is 34 down. He suggested that it could be the result of some reporting changes or there could 35 actually be less recycling; he is looking into the situation. Monthly recycling day 36 continues to be a success and the council is supportive of continuing that effort. Council 37 Member Manthey suggested utilizing the communication services of North Metro Cable 38 to get the word out. 39 40 The council discussed the program to deal with the Emerald Ash Borer (EAB) problem 41 which will eventually impact trees in the city. It was explained that there are funds in the 42 budget for this year that will allow for treatment of about one-third of the trees on city 43 property. City park properties have mostly been addressed. 44 CITY COUNCIL WORK SESSION MINUTES February 6, 2017 DRAFT 2 45 The council will consider adoption of the goals at the council meeting on February 13, 46 2017. 47 2. Enterprise Fleet Presentation – Public Safety Director Swenson and Finance 48 Director Cotton introduced representatives from Enterprise Fleet Management who 49 reviewed a PowerPoint presentation. They are responding to the council’s direction to 50 investigate the possibility of going to a lease environment for City of Lino Lakes fleet. 51 52 Trent Dressen and Dan Kenny, Enterprise Fleet Management, gave a presentation covering 53 what they do, who they are and who they provide services for (list noted). They will also 54 include some recommendations for the city. They have found the leasing process can 55 work well for government entities. The presentation included information on: 56 - services that they offer (and what they dedicate in terms of account management staff ); 57 recommendations are provided annually; 58 - flexible financing options for high use vehicles as well as lower use fleet items; 59 - back end support that helps with all the smaller details; 60 - open ended leasing (no mileage limits, wear & tear etc); the city would have all 61 ownership rights and could keep or maintain the vehicles; 62 - real benefit is to have a better cash flow for your vehicles; 63 - operating expenses can be included and fixed within a budget; 64 - vehicle disposal is an included element in the form of them making recommendations to 65 the council (would be sold for more value than at auction). 66 67 Council Member Kusterman recognized that the leasing option presented represents a 68 finance agreement that would spread costs out. He noted that the financing rate is higher 69 than what the city would normally pay for interest costs. Mr. Dressen added that it takes 70 the guesswork out and it can make financial sense. 71 72 Council Member Kusterman remarked that it would also be valuable for the city to 73 understand its current inventory and its value. 74 75 The representatives reviewed a savings analysis for the city’s fleet plan. 76 77 Mayor Reinert asked about the period of the presumed lease. The representative said this 78 would normally be no longer than five years and 100,000 miles. Mayor Reinert pointed 79 out that this doesn’t cover the full fleet (fifteen cars only) so there are added costs for the 80 additional vehicles. 81 82 The council asked Director Swenson for his opinion on leasing. He suggested that if the 83 council is interested in a policy on longer use of vehicles, it could make sense. It depends 84 on the goals. Mayor Reinert expressed his concern at planning on certain resale revenue; 85 that area is subjective and he’d prefer more specific information in that area since it’s 86 being presented as a huge part of the value of leasing. 87 Representative explained that overall they are offering their extensive expertise in the area 88 CITY COUNCIL WORK SESSION MINUTES February 6, 2017 DRAFT 3 of leasing and fleet vehicles with the cash flow advantage of a residual lease financing. 89 90 Mayor Reinert said the council likes to see options so this is good information. There 91 could be pieces that make sense; they will be looking to staff for the best options. 92 93 Staff asked the council for direction on the current year capital program. Mayor Reinert 94 suggested that there is more information to be gained on the leasing options; on the 95 purchase of needed vehicles for this year, staff should proceed with the small number 96 proposed for this year. 97 98 Council Member Kusterman noted that he sees that choosing a leasing service would be 99 am option if the city wants expert judgement versus acting on its own opinion. He would 100 like to see the current city figures against the leasing figures and then include the fuel and 101 maintenance. 102 103 Council Member Manthey remarked that he’d like to see data that includes consideration 104 that the leasing program doesn’t include all city vehicles. A separate analysis for each of 105 the capital fleet programs would be good information. 106 107 The council would like to receive the spreadsheets presented by the Enterprise 108 representatives. Staff asked for confirmation of the council’s policy on fleet replacement 109 and Mayor Reinert remarked that he thinks the policy was well considered but could be 110 changed if that becomes a good choice. Mayor Reinert also asked that the council receive 111 contact information for the representatives so they can seek additional information as 112 needed. 113 3. Public Safety Update – Public Safety Director Swenson, Deputy Chief of Police 114 Kyle Leibel and Deputy Chief of Fire Dan L’Allier presented. A PowerPoint was used to 115 provide information on the 4th Quarter of 2016 as follows: 116 - mission statement; 117 - statistics (calls for service); 118 - response times for services (police and fire); 119 - fire reporting breakdown (including assistance received); 120 - arrest data for the year; 121 - felony case submissions (to Anoka County); 122 - notable department actions and community engagement (Heroes and Helpers 123 Event, Tavern on Grand impaired driving education, Lino Lakes Elementary food 124 drive, and Eaglebrook development of response planning); 125 - information on fire work in 2016; 126 - crime statistics for 2016; 127 - volunteer hours donated and chaplain program turnover; 128 - trained and have Narcan in all squad cars. 129 130 Chief Swenson noted that staff is also requesting further direction on the fire apparatus 131 CITY COUNCIL WORK SESSION MINUTES February 6, 2017 DRAFT 4 plan. He noted a proposed apparatus plan that is included in the staff report for 132 discussion. Director Swenson reviewed the plan, noting that future purchases have been 133 discussed with the council in the past. 134 135 Mayor Reinert noted the $100,000 bonding capability authorized by the council and he 136 wondered how that should be included in the city’s finances. Administrator Karlson 137 noted that Finance Director Cotton has suggested that the city could designate part of the 138 city’s annual fund surplus, designate that for this purpose and transfer it to a capital fund. 139 Mayor Reinert said that isn’t desirable since it still sets aside levied funds; he doesn’t 140 want to levy funds that aren’t going to be needed in the budget year. Council Member 141 Kusterman remarked that the goal would then be that there aren’t surplus funds at the end 142 of year indicating that extra money has been levied. Director Swenson suggested calling 143 the line item “future ability to bond”. Director Cotton said that would mean the line item 144 would show up on the city plan/policy but not in any financial statement of the city. 145 Council Member Manthey suggested it should be a discussion item each year for the 146 council. Finance Director Cotton remarked that she hears the council wanting to have a 147 plan with a stipulation that annual funding is planned in a certain amount but it would 148 revisited each year. Mayor Reinert added that carrying out the plan should be goal 149 oriented as well. 150 151 Director Swenson asked if the council will consider the purchase plan as presented as an 152 official action. Mayor Reinert suggested that the plan includes a several year period 153 where there is nothing purchased and that is a wonder to him. Director Swenson said 154 the plan is based on the draft policy. Staff will prepare the item for council 155 consideration at the next regular meeting. 156 4. Kitchen Upgrade for Old City Hall – Administrator Karlson reported that the 157 question of funding improvements to the kitchen facilities at the former city hall complex 158 has arisen as it relates to utilizing that facility for the Beyond the Yellow Ribbon group 159 and their activities. Director DeGardner has a bid in place to upgrade the facility in the 160 amount of $2,500 but had decided not to move forward with any improvements because 161 the kitchen facility is basically unused. Mayor Reinert discussed the option of inviting 162 other groups/businesses that would like to utilize an upgraded commercial kitchen 163 facility. The mayor did say that the amount of the bid isn’t justified for just one group 164 but if there would be other uses perhaps. Director DeGardner added that $2,500 would 165 only provide for repair to the ventilation system; he isn’t specifically aware but there 166 could be other upgrade needs. 167 5. Schedule Date(s) for Strategic Planning/Goal Setting – Administrator Karlson 168 noted that the council has expressed an interest in participating in a strategic 169 planning/goal setting activity. He has identified two options for a facilitator for team 170 building/goal setting. Is the council interested in scheduling a session? Mayor Reinert 171 suggested team building (30%) and goal setting (70%) with the expectation of 172 communicating goals. The mayor said he prefers a four hour session and thinks that 173 would be sufficient time. Council Member Kusterman suggested that he doesn’t 174 CITY COUNCIL WORK SESSION MINUTES February 6, 2017 DRAFT 5 necessarily see the need for team building and would prefer just goal setting be the focus. 175 176 The council concurred that the focus will be on goal setting alone, in a three to four hour 177 session and within the next 60 days. 178 6. Advisory Board Appointment – Administrator Karlson remarked that an 179 application has been received to serve on the Park Board and there is a vacancy. Staff is 180 requesting that the council set an interview time for the applicant. The council concurred 181 to interview the next week, Monday, February 13 at 6:15 p.m. 182 7. Council Updates on Boards/Commissions, City Council – 183 184 Mayor Reinert mentioned the Beyond the Yellow Ribbon group and that he is asking the 185 council to consider authorizing an annual contribution to that group. Council Member 186 Manthey suggested, if there is a contribution, the council should receive an annual report 187 on how funds are utilized. 188 8. Monthly Progress Report - 189 - Council Chambers Upgrade – Administrator Karlson noted that Alpha Video is busy 190 and he has located another company, through a recommendation from North Metro 191 Telecommunication, that could work on the city’s council chambers upgrade. 192 9. 2040 Comprehensive Plan Process Update - Community Development Director 193 Grochala reported that staff is currently engaging the assistance of Landform as well as 194 WSB & Associates on the Comprehensive Plan update process. The scope and process 195 proposed by staff is included in his written report. Mayor Reinert suggested that staff 196 should get an RFP for the services and staff concurred that could be done. Director 197 Grochala noted that in the past the process has included a quality of life survey but he 198 isn’t planning that element for this update. Mayor Reinert suggested that a survey would 199 provide good information but he realizes that it comes at a high price; he asked staff to 200 include the option of a survey in the RFP information. 201 10. Review Regular Agenda – The agenda was reviewed and there were no changes. 202 The meeting was adjourned at 9:43 p.m. 203 These minutes were considered, corrected and approved at the regular Council meeting held on 204 February 27, 2017. 205 206 207 Julianne Bartell, City Clerk Jeff Reinert, Mayor 208 COUNCIL MINUTES February 13, 2017 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 4 DATE : February 13, 2017 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 7:10 p.m. 7 MEMBERS PRESENT : Council Member Rafferty, Kusterman, Maher, 8 Manthey, and Mayor Reinert 9 MEMBERS ABSENT : 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; Environmental 13 Coordinator Marty Asleson; and City Clerk Julie Bartell 14 15 PUBLIC COMMENT 16 17 No one was present to address the council regarding a matter not on the agenda. 18 19 SETTING THE AGENDA 20 21 The agenda was approved as presented. 22 23 SPECIAL PRESENTATION 24 25 Certificate of Recognition presented by Mayor Reinert to Jesse Rodriquez, for Attaining the Rank of 26 Eagle Scout 27 28 CONSENT AGENDA 29 30 Council Member Rafferty moved to approve the Consent Agenda, Items 1A through 1D (with Item 31 1D to include the appointment of Abby Haworth to the Park Board). Council Member Kusterman 32 seconded the motion. Motion carried on a voice vote. 33 34 ITEM ACTION 35 36 Consideration of Expenditures: 37 38 February 13, 2016 (Check No. 105327 – 39 105415), $284,191.26 Approved 40 41 January 23, 2017 Council Work Session Minutes Approved 42 43 January 23, 2017 City Council Meeting 44 Minutes Approved 45 COUNCIL MINUTES February 13, 2017 DRAFT 2 46 Appointment of Michael Ruhland to EDAC 47 and Abby Haworth to Park Board Approved 48 49 50 FINANCE DEPARTMENT REPORT 51 52 There was no report from the Finance Department. 53 54 ADMINISTRATION DEPARTMENT REPORT 55 56 3A) Consider Appointment of Mara Strand for Administrative Assistant Position- 57 Administrator Karlson reviewed hiring process used to bring forward his recommendation to hire Ms. 58 Strand for the open position within the Community Development Division. There were 72 applicants 59 for this position and Ms. Strand rose to the top. 60 61 Council Member Maher moved to approve the appointment of Mara Strand as recommended. 62 Council Member Rafferty seconded the motion. Motion carried on a voice vote. 63 64 3B) Consider Appointment of Kristine Kroll for Office Specialist Position – Administrator 65 Karlson reviewed his recommendation to hire Ms. Kroll for the new position in the Public Services 66 Division. She is a proven success as a scanning technican and is expected to be great addition to the 67 department. 68 69 Council Member Kusterman moved to approve the appointment of Kristine Kroll as recommended. 70 Council Member Manthey seconded the motion. Motion carried on a voice vote. 71 72 3C) Consider Resolution No. 17-14, Establishing Annual Appropriation for Beyond the 73 Yellow Ribbon Network – Administrator Karlson noted that this subject was discussed by the 74 council at the recent work session. The council approved an appropriation last year and is now 75 interested in making that funding an annual commitment. 76 77 Mayor Reinert noted that he is supportive of this action. He is happy to report that the City is now a 78 Beyond the Yellow Ribbon designated community. The designation doesn’t come with funding so 79 there is need for support. With this action the council is requesting that the group keep the council 80 apprised of their work and expenditures. 81 82 Council Member Maher moved to approve Resolution No. 17-14 as presented. Council Member 83 Rafferty seconded the motion. Motion carried on a voice vote. 84 85 PUBLIC SAFETY DEPARTMENT REPORT 86 87 4A) Consider 2017 Fire Apparatus Purchases – Director Swenson noted that the council 88 discussed these purchases at their recent work session and forwarded the matter for action. He noted 89 the purchases being approved by this action: 90 COUNCIL MINUTES February 13, 2017 DRAFT 3 - Authorize Custom Fire to build-out the second Quick Attack Engine for a total cost of 91 $183,357; 92 - Purchase a used 2004 E-One Cyclone II Bronto 114’ Rescue Ladder Platform from 93 Mdewakanton Fire Department and needed equipment, not to exceed $380,000; 94 - Refurbish Tender 11 and Tender 21 for $12,500 each. 95 96 If authorized the purchase of this equipment will address some repair costs and some operational 97 deficiencies. He noted the total cost of $588,357 and the recommendation to utilize funds from the 98 existing balance of $663,215 in the Fire Apparatus Replacement fund. 99 100 Mayor Reinert noted the history of the city inheriting equipment from the former fire district when the 101 city service was started and that some of that equipment was a bit tired. The city did receive a 102 reimbursement of some existing fund balance as part of the split and utilizing some of those funds is 103 how this plan would be implemented. The purchases have been fully discussed and he is comfortable 104 that they are needed and will serve the city well. 105 106 Council Member Kusterman verified that there is an agreement in place for the purchase planned 107 from the Mdewakanton Fire Department. Director Swenson noted that the purchase agreement is 108 dependent upon the results of a certification process for the equipment. The council commented on 109 the fact that the equipment is a bargain and received additional information on the certification 110 process. When asked about the anticipated longevity of the used vehicle, Director Swenson said he is 111 hopeful of getting twenty plus years from the used equipment, as indicated in the replacement 112 schedule. 113 114 Council Member Kusterman moved to approve the 2017 fire apparatus purchases and build out as 115 presented in the staff report. Council Member Maher seconded the motion. Motion carried on a 116 voice vote. 117 118 PUBLIC SERVICES DEPARTMENT REPORT 119 120 There was no report from the Public Services Department. 121 122 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 123 124 6A) Erickson Estates: 125 126 City Planner Larsen noted the two-lot subdivision included in this proposal. There are three land use 127 applications included in the recommendation to move this development forward. She noted the site, 128 the four acre lot, the proposed two-lot subdivision, the site of the existing home, the location of the 129 new lot, and the presence and retention of a highway easement. Ms. Larsen explained that the 130 comprehensive plan amendment would keep the land use consistent with the area. The rezoning 131 would also be consistent with other properties in the area. She noted the Planning and Zoning 132 Board’s review and ultimate approval of the actions being presented to the council. 133 134 i. Consider Resolution No. 17-11, Approving Comprehensive Plan Amendment – 135 COUNCIL MINUTES February 13, 2017 DRAFT 4 136 Council Member Kusterman moved to approve Resolution No. 17-11 as presented. Council Member 137 Manthey seconded the motion. Motion carried on a voice vote. 138 139 ii. Consider 1st Reading of Ordinance No. 01-07 Rezoning Property from R, Rural to R-1X, 140 Single Family Executive - 141 142 Council Member Kusterman moved to approve the 1st Reading of Ordinance No. 01-07 as presented. 143 Council Member Manthey seconded the motion. Motion carried on a voice vote. 144 145 iii. Consider Resolution No. 17-12, Approving Preliminary Plat – 146 147 Council Member Kusterman moved to approve Resolution No. 17-12 as presented. Council Member 148 Manthey seconded the motion. Motion carried on a voice vote. 149 150 6B) Item was removed from the agenda by staff. 151 152 6C) Consider Resolution No. 17-10, Approving Environmental Board Goals for 2017 – 153 Environmental Coordinator Asleson reviewed the Board goals for the year. He highlighted: 154 - Emerald Ash Borer (EAB) next step program; 155 - Wetland banking fund plan; 156 - Develop NPDES inventory of storm water ponds; 157 - Maintenance of conservation easement areas 158 159 Mayor Reinert noted that the board goals have grown over the past years and he has been assured that 160 the core job of the group, to review environmental elements of proposed developments, will remain a 161 priority. The council discussed the importance of continuing maintenance activities for the heron 162 rookeries on Peltier Island. 163 164 Council Member Rafferty moved to approve Resolution No. 17-10 as presented. Council Member 165 Manthey seconded the motion. Motion carried on a voice vote. 166 167 UNFINISHED BUSINESS 168 169 There was no Unfinished Business. 170 171 NEW BUSINESS 172 173 There was no New Business. 174 175 COMMUNITY EVENTS 176 177 MONTHLY RECYCLE DAY will be held at Lino Park (7850 Lake Drive) on Saturday, February 18 178 from 10:00 a.m. to 2:00 p.m. Please see the city website for updated pricing. 179 180 COUNCIL MINUTES February 13, 2017 DRAFT 5 SEVENTH ANNUAL SUPER HERO CARNIVAL – Dress up like your favorite super hero! This 181 event will take place at Blaine City Hall on Saturday, February 24 from 6:30-8:30 p.m. For additional 182 information call Lino Lakes Parks & Rec. at 651-982-2440 183 184 COMMUNITY CALENDAR 185 186 Community Calendar – A Look Ahead 187 February 13, 2017 through February 27, 2017 188 Monday, February 20 CLOSED PRESIDENTS’ DAY 189 Wednesday, February 22 6:30 pm, Council Chambers Environmental Board 190 Thursday, February 23 6:30 pm, Community Room Charter Commission 191 192 ADJOURN 193 194 There being no further business, Council Member Maher moved to adjourn at 7:10 p.m. Council 195 Member Rafferty seconded the motion. Motion carried on a voice vote. 196 197 These minutes were considered and approved at the regular Council Meeting, February 27, 2017. 198 199 200 201 202 Julianne Bartell, City Clerk Jeff Reinert, Mayor 203 204 CLOSED COUNCIL SESSION February 6, 2017 DRAFT 1 1 CITY OF LINO LAKES 2 MINUTES 3 CLOSED COUNCIL SESSION 4 5 DATE : February 6, 2017 6 TIME STARTED : 5:50 p.m. 7 TIME ENDED : 6:05 p.m. 8 MEMBERS PRESENT : Council Members Rafferty, Manthey, 9 Maher, Kusterman (arr. 6:00 pm) and 10 Mayor Reinert 11 MEMBERS ABSENT : 12 13 Staff present: Community Development Director Michael Grochala; City Clerk Julie 14 Bartell; City Administrator Jeff Karlson 15 16 Mayor Reinert called the meeting to order at 5:50 p.m. in the Community Room at Lino 17 Lakes City Hall. Before the meeting was closed, Mayor Reinert read a statement on the 18 purpose of the meeting. The meeting was closed as a session of the city council pursuant 19 to the Open Meeting Law for the purpose of discussing the possible sale of land at Lot 14, 20 Block 2, Carole’s Estates 2nd Addition. 21 22 The meeting was recorded and the recording will be available to the public after all real or 23 personal property that was discussed is purchased or sold. A list of every individual 24 present at the meeting is available in the Office of the City Clerk. 25 26 The meeting was adjourned at 6:00 p.m. 27 28 These minutes were considered, corrected and approved at the regular Council meeting held on 29 February 27, 2017. 30 31 32 33 34 Julianne Bartell, City Clerk Jeff Reinert, Mayor 35 36 CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk MEETING DATE: February 27, 2017 TOPIC: Resolution No. 17-15, Approving a Peddler License for Pro Star Tree Care VOTE REQUIRED: 3/5 BACKGROUND Pro Star Tree Care, 32512 173rd Street, Pierz, Minnesota has submitted a peddler’s license application to the City Clerk's office. The company representative who would be working in Lino Lakes, Mr. Randy Lust, plans to travel through the Lino Lakes’ neighborhoods going door to door handing out flyers and promoting tree services. The City has received all the necessary forms required to issue this company a license and indicates 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. 17-15, approving the issuance of a Peddler License for a six month period commencing April 10. CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 17-15 APPROVING A PEDDLER LICENSE FOR PRO STAR TREE CARE WHEREAS, Pro Star Tree Care has submitted a peddlers license application to the city clerk's office; and WHEREAS, Pro Star Tree Care has complied with all of the provisions of Chapter 613 of the Lino Lakes City Code for obtaining the necessary license for a for-profit business; and WHEREAS, a background check on the company representative Randy Lust has been completed by the Public Safety Department; NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the request of Mr. Randy Lust, owner of Pro Star Tree Care to sell services door to door for a period of six-months beginning April 10, 2017 and ending October 10, 2017. Adopted by the Council of the City of Lino Lakes this 27th day of February, 2017 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 1F STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: February 27, 2017 TOPIC: Consider Approving Application for an Exempt Raffle Event for Lino Lakes Elementary School PTO VOTE REQUIRED: 3/5 BACKGROUND The Lino Lakes Elementary School Parent Teacher Organization (PTO) has applied for permission to conduct a raffle at their school carnival event. The event is scheduled for April 1, 2017. Non-profit organizations are allowed, under the State Gambling Statutes, to conduct exempt gambling (raffle) with a state issued permit if they conduct lawful gambling on five or fewer days and remain under a cap for prizes awarded. Lino Lakes Elementary PTO has submitted the information necessary to determine that their event is exempt. The application and background information are on file in the city clerk’s office. RECOMMENDATION: Approve the issuance of Exempt Raffle Event for Lino Lakes Elementary School. CITY COUNCIL AGENDA ITEM 2A STAFF ORIGINATOR: Sarah Cotton MEETING DATE: February 27, 2017 TOPIC: Consider Resolution No. 17-17, Authorizing the Issuance of 2017 Certificates of Indebtedness VOTE REQUIRED: 3/5 BACKGROUND The 2017 Adopted Budget - Capital Equipment Replacement Schedule calls for the issuance of Certificates of Indebtedness in the amount of $311,000 to be used for the purchase of capital equipment as part of our equipment replacement program. The interest rate on the certificates will be 1.00%. The Area and Unit Fund (406) has sufficient reserves to issue a loan to finance these purchases. A special levy will pay for this certificate in 2018, 2019 and 2020 and the levy proceeds will be credited to the Area and Unit Fund. The equipment to be funded with the 2017 Certificates of Indebtedness is listed on the attached schedule. RECOMMENDATION Staff recommends the approval of Resolution No. 17-17. ATTACHMENTS 2017 Capital Equipment Replacement Schedule Resolution No. 17-17, Authorizing the Issuance of 2017 Certificates of Indebtedness City of Lino Lakes 2017 Capital Equipment Replacement Department Description Amount Police (2) Investigations Vehicles $42,000 Total Police 42,000 Fleet Skid Steer $70,000 ATV 20,000 1 Ton Pickup 52,000 1 Ton Pickup 53,000 ½ Ton Pickup 30,000 Mower 19,000 Tack Trailer 25,000 Total Fleet 269,000 Total $311,000 Equipment Levy 0 Capital Equipment Fund 0 Certificates to be Issued $311,000 CITY OF LINO LAKES RESOLUTION NO. 17-17 RESOLUTION AUTHORIZING THE ISSUANCE OF 2017 CERTIFICATES OF INDEBTEDNESS WHEREAS, the 2017 Capital Equipment Replacement Schedule calls for the issuance of certificates amounting to $311,000, and WHEREAS, the Area and Unit Fund (406) has sufficient reserves to issue a loan, and WHEREAS, a special levy will pay for the certificates in 2018, 2019, and 2020. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes, that: 1. It is hereby found and determined that it is necessary and expedient for the City to issue a Certificate of Indebtedness for the purpose of financing the purchase of capital equipment, in accordance with the provisions of Minnesota Statutes, Section 412.301; and that the sale of said Certificates to the Capital Equipment Revolving Fund (402), on terms hereinafter set forth, is hereby ordered. 2. The City shall issue a Certificate of Indebtedness in the amount of $311,000.00 authorized by the City Council pursuant to the provisions of Minnesota Statutes, Section 412.301; for the purpose of financing the purchase of capital equipment. Said Certificate shall be dated on March 1, 2017 and shall be payable to the Area and Unit Fund of the City of Lino Lakes. 3. Said Certificate shall be as follows: CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA 2017 CERTIFICATE OF INDEBTEDNESS Know All Men By These Presents that the City of Lino Lakes, Anoka County, Minnesota, hereby acknowledge the Capital Equipment Fund to be indebted and for values received promises to pay the Area and Unit Fund of the City of Lino Lakes, the sum of $311,000 plus interest at 1.0% per annum in three installments in 2018, 2019, and 2020 per attached schedule. This Certificate is issued for the purpose of purchasing capital equipment for the City and is authorized by a duly adopted resolution of the City Council of Lino Lakes, dated February 27, 2017 and is issued pursuant to and in full conformity with Minnesota Statutes, Section 412.301, and is to be effective as of March 1, 2017. It is hereby certified and recited, that all acts, conditions and things required by law to be done, to exist, to happen and to be performed, precedent to and in the issuance of this Certificate have been done, do exist, have happened and have been performed in regular and due form, time and manner; that a direct, annual, irrepealable ad valorem tax will be duly levied by said City in an amount sufficient to pay the principal and interest on this Certificate, together with all other existing indebtedness of the said City, does not exceed any constitutional or statutory limitation on indebtedness. Adopted by the Council of the City of Lino Lakes this 27th day of February, 2017. 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 SCHEDULE OF PAYMENTS 2017 CERTIFICATES OF INDEBTEDNESS MARCH 1, 2017 PRINCIPAL INTEREST TOTAL December 31, 2018 $ 102,000.00 $ 5,702.00 $107,702.00 December 31, 2019 104,000.00 2,090.00 106,090.00 December 31, 2020 105,000.00 1,050.00 106,050.00 Total $ 311,000.00 $ 8,842.00 $319,842.00 Interest Rate – 1.0% Levy 2017 Payable 2018 $113,087.00 (includes required 5% overlevy) Levy 2018 Payable 2019 111,395.00 Levy 2019 Payable 2020 111,353.00 Total $335,835.00 CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Jeff Karlson, City Administrator MEETING DATE: February 27, 2017 TOPIC: Technical Services Contract with Z Systems VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to approve a Technical Services Contract with Z Systems in the amount of $7,975. BACKGROUND Staff met with Z Systems to discuss a complete upgrade of audio/visual equipment to high definition (HD) in the Council Chambers and control room. Staff also met with Alpha Video last September, but they were unable to meet our timeline for the project due to more pressing obligations. Our current audio/visual system is aging and no longer functions properly. All the equipment is standard definition and would be upgraded to HD. The scope of the audio and video upgrade is included in the Technical Services Contract prepared by Z Systems. Upon Council authorization, a 50 percent down payment is required with the signed contract. RECOMMENDATION Approve Technical Services Contract with Z Systems in the amount of $7,975. ATTACHMENTS Technical Services Contract between Z Systems and the City of Lino Lakes 1 Technical Services Contract Lino Lakes City Council Chambers Audio and Video Upgrades Introduction The City of Lino Lakes, Minnesota, records its City Council meetings via a live production system utilizing remotely-controlled cameras, a video switcher, and other traditional production gear. In the main council chambers, the main (program) feed from this system is displayed on two large television screens, and well as small TVs dedicated to just the council members. This system is aging and no longer functions properly. All equipment is standard definition only. Public-facing TVs are not large enough for the entire room to view. The chamber microphones are problematic. The guest speaker podium in the main council chamber lacks connectivity for today’s media. In sum, this equipment is due for replacement. Z Systems of St. Louis Park, MN is pleased to present this engineering proposal, per the request of the City of Lino Lakes, for the design of a new live production, recording, and presentation system within the council chambers. Our Mission Z Systems is committed to providing the highest level of service and support to its clients. This is accomplished via superior technical expertise, “no excuses” customer service, best- of-class products, and an unwavering obligation to treat our customers in a fair and equitable manner. Scope of Engagement Z Systems will partner with the City of Lino Lakes to design the following: City Council Chambers - A four-camera (plus a document camera), high-definition (HD) production and recording system to replace the existing standard-definition system. City of Lino Lakes – Z Systems Technical Service Contract February 20, 2017 2 - A revamped presentation podium with a dedicated computer that has the ability to display content from thumb drives, hard-copy documents, the Internet, Microsoft PowerPoint, Word, and similar programs. Exploring integrating into the chamber laptop a software "telestrator" so that presenters can “draw” on the screen. - Replacing the current wall-mounted monitors with HD monitors, approximately 65" measured diagonally, to display computer presentations, videos, and other images. - A system of larger monitors for use by council members and staff who sit at the dais. These new monitors would be large enough to allow two people to comfortably use one monitor. - A new microphone system with significantly improved fidelity. Key Engineering Steps - Z Systems will create a concept of the new design. - This concept will be presented to City of Lino Lakes staff in person using drawings and information on key equipment pieces, including cameras and control room gear. The client will determine whether that concept, in principle, fulfills all design requirements. - Revisions to this concept will be made as necessary. - The revised concept will be presented to City staff. - Following approval, detailed drawings will be prepared depicting the layout of gear in the master control room, as well as drawings of all pieces of the system and how they connect. Key Design Requirements - Simplified design - Four all-in-one robotic cameras - A document camera - A laptop connection station - File-based and DVD program recording - Current monitor technology in the council desk and mounted from the ceiling or walls for public viewing of computer presentations - Improved microphone quality and reliability - Ability to send recorded files to an archive server for up to 90 days of storage Key Deliverables - 1. Engineering drawings to include the following: City of Lino Lakes – Z Systems Technical Service Contract February 20, 2017 3 o Master Control sketch(es) showing the relative location of equipment in racks, on work surfaces and mounted to the wall. o A diagram of new audio, video and control system connections and all model numbers and configuration options. - 2. Documents describing how audio, video and equipment control signals flow between all equipment. - 3. Detailed lists of the equipment shown in the drawings including manufacturer, model number, and quantity. - 4. Detailed installation proposal with a formal description of the system, and the installation labor, as well as equipment, labor and materials costs. Cost Consulting, design, and engineering services: $7,975 Schedule Depending on our production schedule, we should be able to start work on this project within three weeks of contract signing. Billing and Payment Terms 50% down payment, preferably with the signed contract, but prior to starting this project is required. Upon successful completion, an invoice for the balance will be submitted with Net 15 day terms. Any applicable sales taxes will be added to the final invoice. Approvals City of Lino Lakes Z Systems Lino Lakes City Hall 3724 Oregon Avenue South 600 Town Center Parkway St. Louis Park, MN 55426 Lino Lakes, MN 55014 Z Systems, inc. By: By: Name: Name: Title: Title: Date: Date: 1 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: February 27, 2017 TOPIC: St. Clair Estates i. Consider Resolution No. 16-133 Approving Final Plat ii. Consider Resolution No. 16-134 Approving Development Agreement iii. Consider Resolution No. 17-16 Approving Maintenance Agreement for Stormwater Management Facilities VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of the Final Plat, Development Agreement and Maintenance Agreement for St. Clair Estates. Complete Application Date: September 8, 2016 60-Day Review Deadline: November 7, 2016 Review Extension: February 28, 2017 Environmental Board Meeting: NA Park Board Meeting: NA Planning & Zoning Board Meeting: October 12, 2016 Tentative City Council Work Session: February 27, 2017 Tentative City Council Meeting: February 27, 2017 BACKGROUND The applicant submitted a land use application for final plat of St. Clair Estates on September 8, 2016. The development is a single family residential subdivision located north of CSAH 34 (Birch Street) and east of Hokah Drive. The approved preliminary plat was for 35 lots. The submitted final plat was for 36 lots. At the October 3, 2016 Council Work Session, the Council indicated they would not support 36 lots. On October 12, 2016, the Planning & Zoning Board recommended approval of 35 lots as well. The applicant requested an extension until February 28, 2017 and resubmitted the final plat with 35 lots on February 1, 2017. 2 This staff report is based on the following information: • Revised civil plans prepared by Plowe Engineering dated February 1, 2017 and received by the City on February 1, 2017 • Revised preliminary plat and final plat prepared by EG Rud & Sons dated February 1, 2017 and received by the City on February 1, 2017 • Conservation Easement Exhibit prepared by E.G. Rud & Sons, Inc. dated January 23, 2017 • Revised Stormwater Drainage Report prepared by Plowe Engineering, Inc. dated September 7, 2016 Previous Council Actions: • August 22, 2016: Resolution No. 16-78 approving Variance and Preliminary Plat • September 26, 2016: Resolution No. 16-108 approving Development Agreement- Grading Only ANALYSIS Revisions to Preliminary Plat Resolution No. 16-78 approved the Preliminary Plat with conditions required prior to approval of the Final Plat. The conditions have been satisfied unless otherwise noted in this report and resolutions. Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code The St. Clair Estates final plat is consistent with the Comprehensive Plan in terms of the Resource Management System, Land Use Plan, Housing Plan, and Transportation Plan. The property is zoned R-1, Single Family Residential. The proposed development is not considered premature and meets the performance standards of the subdivision and zoning ordinance. As a condition of the preliminary plat, the south cul de sac was “flipped” to the east to allow for potential future connection to Birch Street as part of an Anoka County highway safety improvement project. The preliminary plat was approved with 35 lots and the revised final plat is proposing 35 lots. Density and Land Area Calculations The following chart implements Met Council’s formula for calculating net density. 3 Gross Area (acres) 30.47 Wetlands & Water Bodies 13.60 Public Parks & Open Space 0.00 Arterial ROW 0.00 Other (Wetland Buffer Conservation Easement) 2.74 Net Area (acres) 14.13 # of Units 35 Gross Density (units/acre) 1.15 Net Density (units/acre) 2.48 Per the Comprehensive Land Use Plan, the parcel is guided for low density residential development and that allows for 1.6 to 3.9 units per net acre. The net density of St. Clair Estates is 2.48 units per acre and is consistent with density requirements. Blocks and Lots The final plat for St. Clair Estates creates 35 lots and 3 outlots. Outlots A and B are for stormwater management facilities and wetland protection areas. These outlots will be deeded to the City. Outlot C is also a stormwater management facility and will be deeded to and maintained by the Enid Island Homeowner Association. Streets Enid Trail is a local road platted with 60 feet of right of way. A 32 foot wide paved road will be constructed. The paved road will terminate in a cul de sac and the right of way will be platted to the south to provide an opportunity for a future road connection to Birch Street. A variance allowing a cul de sac length exceeding 500 feet was approved by Council Resolution No. 16-78. To mitigate emergency access concerns related to the long cul-de-sac, a 10 foot wide, 7 ton emergency access trail will be constructed to the Birch Street trail. A temporary access for construction traffic off of Birch Street will be allowed by Anoka County. 4 Easements Standard drainage and utility easements at least 10 feet wide are provided along all lot lines. Drainage and utility easements are being dedicated on the final plat over stormwater management outlots. Conservation easements shall be dedicated over the wetland management corridor. A drainage and utility easement exists per the plat of Speiser Acres but is not required to be vacated. A Driveway and Access Easement in favor of 441 Birch Street is required for the portion of the existing driveway that extends onto 453 Birch Street. A 40 foot wide Drainage, Utility, Trail and Access Agreement in favor of the City is required over 453 Birch Street. Storm Water Management and Erosion and Sediment Control Per the revised Site Design Narrative and Storm Water Calculation report dated September 7, 2016, the existing site is mostly undeveloped open field with minimal tree coverage. Soil borings generally indicate sandy materials (fine-grained sand – SP; fine-grained sand with silt – SP-SM) with some silty materials (silty fine sand – SM). The majority of the site drains east and north to Rice Lake. The plans have been revised to construct two (2) NURP ponds and one (1) infiltration basin to manage stormwater. A Homeowner Association (HOA) will be established to maintain the landscaping and stormwater management facilities related to the infiltration basin. The draft HOA Bylaws has been revised to include all 35 property owners. A Development Agreement-Grading Onl y was approved by the City Council on September 26, 2016 by Resolution No. 16-108 to allow the developer to commence grading work prior to final plat approval as allowed by the City’s subdivision ordinance. The developer; however, did not execute the Agreement. Public Land Dedication and Fees Cash in lieu of land dedication shall be required. St. Clair Estates 35 lots x $2,500 = $87,500 Tree Preservation Per the Final Tree Inventory and Tree Removal Plan, there are 114 total trees being removed on site (6 in the Non-ESA outside the Basic Use Area (BUA) and 33 in a Natural Resource 5 Protected Area within the BUA. This will require 23 new trees for replacement. These replacements trees are satisfied through open space area landscaping requirements. Landscaping Boulevard trees are required at the rate of one (1) tree per lot frontage for single family lots. Per the revised Landscape Plan, 38 boulevard trees are proposed which is compliant with the ordinance. Open areas are being landscaped with 38 trees and 112 shrubs as required by Section 1007.043(16). Landscape screening and buffers are not required. Wetland A wetland boundary delineation report was prepared by Jacobson Environmental, PLLC on April 18, 2016. Per the preliminary plat, the wetland area is 13.6 acres. The development maintains a greenway corridor and does not propose any wetland impacts. The site is located within in the RCWD Lino Lakes Comprehensive Wetland Protection and Management Plan boundary and Wetland Management Corridor (WMC). A conservation easement covering the entire 13.6 acre wetland and 2.74 acre buffer is required. Wetland Buffer Signage will be installed along the buffer. RCWD issued a WCA Notice of Decision on June 8, 2016. Floodplain FEMA updated the Anoka County Flood Insurance Study (FIS) and Flood Insurance Rating Map (FIRM) on December 16, 2015. The DFIRM indicates a Zone AE floodplain on the subject site with a base flood elevation of 887.0. Lots 6-8 and Lots 17-18, Block 2 extend into the floodplain but the site grading and building pads will not impact the floodplain. Certificates of Surveys for building permits shall show the 887.0 BFE. Stormwater Pond #1 fills in 89 cubic yards of floodplain but 599 cubic yards of storage are provided for mitigation. Shoreland Management Overlay The site is located in a Shoreland Management Overlay district. Rice Lake is a Natural Environment Lake with an 883.1 OWHL elevation. A setback of 150 feet from the OHWL is required for all primary and accessory structures. Impervious surface coverage of 30% applies to all lots within the overlay district. 6 Anoka County Highway Department Anoka County Highway Department reviewed the final plat and has no additional comments. As discussed during the preliminary plat, the County will analyze the feasibility of connecting Enid Trail to Birch Street as part of their 5 year Capital Improvements Plan. Development Agreement A Development Agreement has been drafted by the City. The Agreement shall be executed by the City and the developer and recorded by the developer. Title Commitment The City Attorney is reviewing the revised title commitment, final plat and HOA documents. Any comments from the Attorney shall be addressed prior to the release of the mylars. Previous comments include: 1. The status of Lois Speiser’s interest must be established and the plat must be revised accordingly. 2. Since St. Clair Land Company has an interest in the land being platted by virtue of the existing Contract for Deed, they must be on the plat, too. 3. Mortgage consents to plat are required. Stormwater Maintenance Agreement The 2 NURP ponds (Outlots A & B) will be owned and maintained by the City and the infiltration basin (Outlot C) will be owned and maintained by an HOA. Stormwater Maintenance Agreements for both public and private maintenance shall be required. RECOMMENDATION The Planning & Zoning Board and staff recommend approval of the following items with conditions as listed in the following documents: 1. Resolution No. 16-133 Approving Final Plan and Final Plat 2. Resolution No. 16-134 Approving Development Agreement 3. Resolution No. 17-16 Approving Maintenance Agreement for Stormwater Management Facilities ATTACHMENTS 1. Resolution No. 16-133 2. Final Plan & Final Plat 3. Resolution No. 16-134 4. Development Agreement 7 5. Resolution No. 17-16 6. Maintenance Agreement for Stormwater Management Facilities 7. City Engineer letter dated February 16, 2017 8. Environmental Coordinator letter dated February 15, 2017 1 CITY OF LINO LAKES RESOLUTION NO. 16-133 APPROVING FINAL PLAT FOR ST. CLAIR ESTATES WHEREAS, the City received an application for Final Plat for St. Clair Estates hereafter referred to as “Development”; and WHEREAS, City staff completed a review of the “Development” based on the following: • Revised civil plans prepared by Plowe Engineering dated February 1, 2017 and received by the City on February 1, 2017 • Revised preliminary plat and final plat prepared by EG Rud & Sons dated February 1, 2017 and received by the City on February 1, 2017 • Conservation Easement Exhibit prepared by E.G. Rud & Sons, Inc. dated January 23, 2017 • Revised Stormwater Drainage Report prepared by Plowe Engineering, Inc. dated September 7, 2016, and WHEREAS, a public hearing was held before the Planning & Zoning Board on June 8, 2016 and continued to July 13, 2016 and the Board recommended approval of the “Development”. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 1. The final plat substantially conforms to the approved preliminary plat subject to the conditions listed below. 2. The City Attorney approved the status of title/property ownership related to the final plat subject to the conditions listed below. 3. A Development Agreement has been completed. 4. Conditions attached to approval of the preliminary plat have been fulfilled or secured by the Development Agreement. 5. All fees, charges and escrow related to the preliminary or final plat have been paid in full. BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby approves the Final Plat for St. Clair Estates subject to the following conditions: 1. All comments from City Engineer letter dated February 16, 2017 shall be addressed. 2. All comments from Environmental Coordinator letter dated February 15, 2017 shall be addressed. 3. A Development Agreement shall be executed by the City and the developer and recorded by the developer. 4. Homeowner Association Documents: a. Declaration of Restrictions and Covenants for Enid Island i. The Declaration shall reference and include as an attachment a detailed landscape plan for the Outlot C infiltration basin including plant type, 2 location and number. ii. The Declaration shall reference the Declaration for Maintenance of Stormwater Facilities. iii. The legal descriptions shall be corrected. iv. Under Recitals, there are 2 letter “C’s” and this shall be corrected. b. Bylaws i. The legal description of the island shall be added. ii. In paragraph 2, line 3, the sentence “All owners of property in St. Clair Estates are members of the Association” shall be deleted. 1. The City will own Outlots A & B and will not be part of the Association. 5. Declaration for Maintenance of Stormwater Facilities: a. The Declaration shall be in favor of both RCWD and the City of Lino Lakes and shall be revised. 6. WMC Buffer Declaration: a. The Declaration shall be in favor of both RCWD and the City of Lino Lakes and shall be revised. b. The legal description under Recitals shall be revised. c. Attachment A shall be revised to reflect any required changes to wetland buffer. 7. Conservation Easement: a. The Easement shall be in favor of both RCWD and the City of Lino Lakes and shall be revised. b. Attachment A shall be revised to reflect any required changes to the easement. 8. Deeds for Outlots A, B and C: a. Status of Grantor shall be verified. 9. All plan sheets shall reflect the revised right-of-way as required below. 10. Sheet S3, S4 and S5, Preliminary Plat: a. The Enid Trail right-of-way shall be platted to the south. i. The east boundary shall be along the 25 foot wetland buffer. ii. The west boundary shall be along the property line. iii. The front lot line of Lot 14 shall be straightened to match the property line of 441 Birch Street. iv. The Conservation Easement shall not extend into the right-of-way. b. The Proposed Drainage, Utility, Trail and Access Easement over 453 Birch Street shall be 40 feet wide for the entire length of the easement. i. Developer shall provide to the City for review a recordable document with an exhibit for the Easement. c. The developer shall provide to the City for review a recordable document with an exhibit for the Driveway and Access Easement in favor of 441 Birch Street. 11. Sheet S8 and S9, Final Plat: a. Any comments from the City Attorney shall be addressed. b. The status of Lois Speiser’s interest must be established and the plat must be revised accordingly. c. Since St. Clair Land Company has an interest in the land being platted by virtue of the existing Contract for Deed, they must be on the plat, too. d. Mortgage consents to plat are required. e. Outlot C shall be covered with a Drainage & Utility Easement. f. The Enid Trail right-of-way shall be platted to the south. i. The east boundary shall be along the 25 foot wetland buffer. 3 ii. The west boundary shall be along the property line. iii. The front lot line of Lot 14 shall be straightened to match the property line of 441 Birch Street. 12. Conservation Easement Exhibit: a. The Conservation Easement shall not extend into the platted right-of-way. 13. Sheet C1.3, WMC Buffer Plan: a. WMC Buffer shall be revised if necessary to reflect changes to right-of-way. 14. Sheet L1, Landscape Plan: a. Under Notes, revise plan to indicate Large Tree size is 2” caliper only. b. On Outlot A, hatched area should extend over remainder of outlot if it is to be considered part of Restoration-Remainder of Outlot. c. Landscaping south of cul de sac shall include plantings and trees on west side of trail to act as a landscape screen. d. Plan shall indicate seed mix west of trail. e. A separate plan sheet shall be created detailing landscape plan for Outlot C infiltration basin including plant type, location and number. i. This will be used for the Homeowners Association responsible for maintenance of the pond. Adopted by the Council of the City of Lino Lakes this 27th day of February 2017. 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 LOT BLOCK CURB STOP ELEV WYE STA (FROM D.S. M.H.) SERVICE PIPE SLOPE (%) RISER AT WYE INV @ END OF SVC 1 3 895.9 222 1.5 887.8 2 3 896.3 144 2.0 887.6 3 3 896.6 82 2.0 887.4 4 3 896.4 188 2.0 887.0 5 3 896.1 104 2.0 886.6 6 3 895.6 12 2.0 886.2 7 3 895.6 171 2.0 885.9 8 3 896.1 87 2.0 885.7 9 3 896.6 6 2.0 885.4 10 3 896.6 315 2.0 2 884.9 11 3 896.1 230 2.0 2 884.6 12 3 896.0 174 2.0 3 884.3 13 3 896.4 94 2.0 3 884.0 14 3 897.1 397 2.0 4 883.6 1 1 895.8 81 2.0 888.6 2 1 896.4 172 2.0 888.9 1 2 897.8 191 1.5 889.6 2 2 898.0 187 2.0 889.9 3 2 897.8 184 2.0 889.9 4 2 897.8 173 2.0 889.3 5 2 897.7 97 2.0 889.1 6 2 897.7 23 2.0 889.1 7 2 898.0 97 1.5 889.1 8 2 898.0 81 1.5 889.3 9 2 896.0 176 2.0 887.6 1 4 896.7 40 2.0 887.1 2 4 896.2 151 2.0 886.6 3 4 895.8 69 2.0 886.4 4 4 895.4 221 2.0 886.1 5 4 895.5 178 2.0 885.9 6 4 896.0 96 2.0 885.5 7 4 896.6 9 2.0 2 885.2 8 4 896.4 299 2.0 2 884.8 9 4 895.9 212 2.0 3 884.4 10 4 896.0 160 2.0 3 884.2 WATER SANITARY Jaime Jensen Tree SurveyTree Species CodesFebruary 2-3, 2016Trees to CT=CottonwoodTag # species dbh 0-9 Cond # trunks be rmoved SE=Siberian Elm100 CT 41 6 4 BE=Box Elder99 SE 31 3 1 WS=White Spruce98 BE 19 3 10 X QA=Quaking Aspen95 SE 11 3 1 X RP=Red Pine92 SE 6 3 1 X RO=Red Oak94 SE 10 3 1 X BC=Black Cherry93 SE 12 3 1 X HB-=Hackberry90 WS 11 6 1CB=Common Buckthorn89 SE 10 3 1 BO=Bur Oak88 SE 9 3 1 X GA=Green Ash87 SE 7 4 1 X86 SE 10 4 1 X85 WS 12 6 184 BE 24 2 583 SE 16 3 1 X82 WS 10 6 181 WS 13 6 180 SE 13 3 1 X79 SE 17 4 1 X78 SE 16 3 1 X77 SE 8 4 1 X76 SE 7 4 2 X75 SE 18 3 1 X72 SE 7 4 1 X74 CT 37 6 1 X96 QA 8 6 291 QA 8 6 297 QA 7 5 171 QA 6 6 170 QA 8 5 169 QA 7 5 166 QA 7 5 163 QA 8 5 168 QA 8 5 162 QA 8 5 165 BC 8 5 167 QA 9 4 164 QA 9 3 173 SE 19 5 161 QA 9 5 160 QA 6 5 159 SE 19 5 158 QA 10 5 157 QA 8 5 156 QA 6 5 155 QA 9 6 154 QA 8 5 153 QA 8 6 152 QA 10 5 151 QA 7 5 150 QA 12 6 149 QA 7 6 148 QA 7 5 147 QA 8 5 146 QA 8 5 145 QA 11 5 144 QA 9 6 1 X43 QA 6 5 142 QA 7 5 1 X41 QA 8 6 1 X40 BE 8 5 339 QA 8 5 138 QA 7 3 137 BE 9 5 136 QA 9 6 135 QA 6 5 1 X34 QA 6 6 1 X33 BC 6 5 1 X32 BE 8 5 131 BC 8 5 1 X30 QA 7 5 129 QA 6 5 128 QA 7 5 127 QA 8 5 326 QA 7 5 125 QA 7 5 124 QA 7 5 123 QA 6 5 122 QA 7 5 121 BE 13 6 320 QA 14 5 219 QA 14 5 118 QA 12 3 1 X17 QA 9 3 1 X16 QA 9 4 1 X15 RO 19 4 1 X14 QA 8 5 1 X13 QA 7 5 1 X12 QA 6 5 1 X11 QA 6 5 1 X10 QA 7 5 19 QA 9 5 18 QA 10 3 17 CB 7 6 96 QA 7 5 1 X5 QA 6 5 1 X4 QA 6 5 1 X3 QA 7 5 1 X2 QA 6 5 1 X1 QA 7 5 1 X200 QA 13 5 1 X199 QA 7 5 1 X198 QA 7 5 1 X197 QA 6 5 1 X196 RO 19 6 1 X195 RO 17 6 2194 QA 6 5 1 X193 QA 7 5 1 X192 HB 7 6 1191 QA 7 5 1190 QA 12 5 3189 QA 10 5 1186 QA 10 5 1185 RO 6 6 1 X184 BC 10 3 1 X183 QA 7 5 1 X182 BE 8 5 2 X181 QA 8 5 1180 QA 8 5 1179 QA 7 5 1178 QA 7 3 1177 SE 13 5 1 X176 SE 9 5 1 X175 QA 8 5 1174 QA 9 5 2173 QA 7 5 1172 QA 7 5 1171 QA 9 5 1170 BE 16 4 5 X169 SE 8 5 1 X168 BE 20 3 1 X167 SE 14 3 1 X166 SE 6 4 1 X165 SE 7 3 1 X164 SE 9 3 2 X163 BO 7 4 2 X162 SE 7 3 1 X161 SE 10 3 1 X160 SE 7 3 2 X159 SE 9 3 1 X158 SE 13 3 2 X157 SE 7 3 1 X156 SE 10 3 1 X155 SE 10 3 1 X154 SE 11 3 1 X153 SE 6 3 1 X152 SE 9 3 2 X151 SE 8 3 1 X150 SE 6 3 1 X149 SE 7 3 1 X148 RP 11 5 1 X147 SE 10 3 1 X146 SE 10 3 1 X145 SE 10 3 1 X144 SE 12 3 1 X143 RP 10 5 1 X142 RP 11 5 1 X141 RP 8 5 1 X140 RP 8 5 1 X139 RP 9 5 1 X138 RP 13 5 1 X137 RP 10 5 1 X136 RP 8 5 1 X135 RP 10 5 1 X134 RP 13 5 2 X133 BE 10 3 4 X132 RP 9 5 1 X131 SE 7 3 2 X130 SE 17 3 1 X129 SE 8 3 1 X128 SE 27 3 1 X127 SE 7 4 1 X126 BE 6 4 1 X125 GA 10 4 1124 BE 18 3 2123 RO 7 5 1122 RO 16 3 3121 RO 14 3 1120 BE 12 3 2 X119 SE 11 3 1 X118 BE 7 3 1 X117 BE 9 3 2 X116 BE 12 3 1 X115 BE 10 4 1 X114 BE 7 4 1113 BE 16 3 9 X112 BE 10 4 1 X111 BE 10 4 1 X110 BC 14 4 1 X109 BC 15 4 1 X108 BE 6 5 1 X107 SE 10 5 1 X106 SE 8 3 1 X105 CT 20 3 1 X104 BE 6 3 1 X103 BE 12 4 1 CITY OF LINO LAKES RESOLUTION NO. 16-134 RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR ST CLAIR ESTATES WHEREAS, the City Council approved the final plat for St. Clair Estates with Resolution No. 16-133 on February 27, 2017; and WHEREAS, the City’s subdivision ordinance and conditions of approval require the execution of a development agreement between the Developer and the City of Lino Lakes. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Development Agreement between St. Clair Land Company and the City of Lino Lakes for St. Clair Estates and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 27th day of February, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk DEVELOPMENT AGREEMENT and PLANNED UNIT DEVELOPMENT AGREEMENT St. Clair Estates THIS AGREEMENT is made this _____ day of ____________, 2017, by and between the City of Lino Lakes, a Minnesota municipal corporation, and St. Clair Land Company (“Developer”). 1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. 16-78 for a plat known as St. Clair Estates (“Subdivision”) Unless otherwise stated, all terms and conditions of this Agreement relate to work within the Subdivision. 2. Final Plat Approval. The City’s approval of the final plat of St. Clair Estates, as legally described on Exhibit A attached hereto, is contingent upon execution and delivery of this agreement and all required petitions, bonds, security, and documents, and satisfaction of all conditions of approval required by Resolution No. 16-133. The Final Plat is attached hereto as Exhibit B. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Development Agreements for such phases are approved by the City. 4. Developer Plans. a. The Subdivision shall be developed in accordance with the following Developer Plans, original copies of which are on file with the City Engineer. The Developer Plans may be prepared and revised after entering into this Agreement but must be approved by the City before commencement of any work. If the plans vary from the written terms of this Agreement, this Agreement shall control. b. The Developer Plans as of the date of this Agreement are: i. St. Clair Estates Street and Utility Construction plan set containing 16 sheets, prepared by Plowe Engineering, revised February 1, 2017 received February 1, 2017. ii. St. Clair Estates Preliminary and Final Plat containing 7 sheets, dated February 1, 2017, prepared by E.G. Rud and Sons, Inc., received February 1, 2017. St. Clair Estates Development Agreement February 27, 2017 page 2 iii. St. Clair Estates Tree Inventory containing 2 sheets, dated February 1, 2017, prepared by E.G. Rud and Sons, Inc., received February 1, 2017. 5. Permits. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public improvements. 6. Developer Improvements. The Developer shall secure a contractor to install these improvements, hereinafter referred to as the “Developer Improvements,” which contractor shall be approved by the City in its absolute discretion. The cost of Developer Improvements is as shown on Exhibit C attached hereto. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense the following improvements according to the following terms and conditions: a. Site Grading i. No grading shall commence until all requirements of the Rice Creek Watershed District (RCWD) have been satisfied. ii. All site grading shall be conducted in accordance with the grading plan as approved by the City and in accordance with NPDES and RCWD requirements. The Developer shall perform the work in accordance with a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota Pollution Control Agency (MPCA) requirements. b. Grading and Erosion Control i. The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. ii. The street right-of-way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. iii. The Developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvement as proposed. St. Clair Estates Development Agreement February 27, 2017 page 3 iv. The Developer’s engineer shall certify in writing, with an as-built survey, that all grading complies with the approved grading plan prior to issuance of any building permits. v. The Developer shall promptly clear dirt and debris within public right-of- ways and drainage and utility easements resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer shall be responsible for all necessary street and storm sewer maintenance, including street sweeping, until all home construction is completed, unless otherwise released by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on them, including detour signs if necessary. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. c. Final street grading, subbase, gravel base, concrete curb and gutter, and bituminous base course and wear course shall be furnished and installed. d. Sidewalks, paths and street lighting as required by the City. e. Storm sewers, when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances, shall be furnished and installed. f. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances, shall be furnished and installed. g. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances, shall be furnished and installed. h. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan. Guard stakes shall be appropriately installed to mark these irons. i. Landscaping shall be furnished and installed in accordance with the approved plans. St. Clair Estates Development Agreement February 27, 2017 page 4 j. The Developer shall arrange for all gas, telephone, cable TV and electric utility services to the Subdivision in accordance with City Code and State law. The Developer is solely responsible for the cost of utility installation. 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 by November 30, 2017. The Developer may request a reasonable extension of time from the City. If the extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 8. City Improvements. NO CITY IMPROVEMENTS ARE PROPOSED TO BE CONSTRUCTED FOR THIS SUBDIVISION. 9. Record Drawings. a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including grading, sanitary sewer, watermain, storm sewer facilities, and roads, constructed by Developer. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. The Developer shall also submit certified compaction testing results for the site grading operations. b. A summary of the record plan attribute data for the storm sewer, watermain, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. c. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 10. Faithful Performance of Construction Contracts and Security. a. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements. Concurrent 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 one hundred fifty (150%) percent of the total estimated cost of Developer's Improvements. b. Irrevocable Letter of Credit. If an Irrevocable Letter of Credit is utilized, it shall be for the exclusive use and benefit of the City of Lino Lakes and shall state that it is issued to guarantee and assure performance by the Developer of all the terms and St. Clair Estates Development Agreement February 27, 2017 page 5 conditions of this Development Agreement and construction of all required improvements referenced therein in accordance with the ordinances and specifications of the City. The letter shall be in a form, and from a bank, as approved by the City. 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 agreement. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates. The Irrevocable Letter of Credit may not be terminated without the City’s written consent. c. Alternatively, the Developer may enter into a Public Improvement Surety Agreement, subject to City approval. d. Reduction of Security. The Developer may request 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. 11. Warranty. The Developer warrants all utility work required to be performed by it against poor material and faulty workmanship for a period of two years after its completion and acceptance by the City. All new streets shall be warranted by the developer for a period of one year from the time the final inspection of the street is completed and accepted by the City. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for 12 months after planting. Prior to final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of this Agreement. The amount shall be determined by the City Engineer. 12. Dedication. The Developer shall dedicate to the City, at no cost to the City, any permanent or temporary easements that may be necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 13. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the public improvements lying within public right-of-way and easements shall become City property without further notice or action unless the improvements are to be deemed private infrastructure. 14. Recording and Release. The Developer agrees that the terms of this Development Agreement shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Agreement with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1. St. Clair Estates Development Agreement February 27, 2017 page 6 15. Escrow for City’s Costs. a. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the Subdivision including, but not limited to, the following (See Exhibit C for breakdown of costs): i. Administration - 3% of Developer Improvement Costs ii. City Engineering iii. Street lighting installation (by utility company) iv. Traffic signing improvements v. Boulevard tree planting vi. Street, storm sewer and pond maintenance vii. Property Taxes. Should the recording of the Final Plat occur after July 1st, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. b. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting the charges. 16. Developer Fees. At the time of execution of this Agreement, the Developer shall pay the following fees related to the development of the Subdivision (See Exhibit C for breakdown of costs): a. Park Dedication The Park Dedication Fee for this site is calculated as follows: 35 units x $2,500 = $87,500 b. The Developer shall pay 15 months of maintenance and energy costs for street lights installed within the Subject Property at the rate of $7/month/light. After that the City will assume the costs. St. Clair Estates Development Agreement February 27, 2017 page 7 c. Sealcoating. The Developer will pay the cost of sealcoating the streets within the development at a cost of $14,322. The sealcoating will be completed within three to seven years following completion of the wear course placement. d. Aerial Photo Fees e. Trunk Sewer Unit Charges The City established trunk unit charges to uniformly distribute the costs of public trunk sanitary sewer infrastructure. Each individual connection to the sanitary sewer system shall be charged a unit charge per SAC unit (currently at $3,073 per SAC unit). The calculation of the SAC units shall be based on the procedure outlined in the Metropolitan Council Environmental Services Sewer Availability Charge Procedure Manual. Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit C. f. Trunk Water Unit Charges The City established trunk unit charges to uniformly distribute the costs of public trunk water infrastructure. Each individual connection to the water system shall be charged a unit charge per SAC unit (currently at $4,069 per SAC unit). The calculation of the SAC units shall be based on the procedure outlined in the Metropolitan Council Environmental Services Sewer Availability Charge Procedure Manual. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit C. g. Surface Water Management Area Charges The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on developable acreage, in the amount specified in Exhibit C. 17. Assessment of Charges and Waiver of Rights. a. In consideration of the construction of City Improvements listed in Paragraph 8 and /or provision of sewer, water and storm water services, the Developer agrees that the costs of City Improvements together with Trunk Sewer Unit Charge, Trunk Water Unit Charge and the Surface Water Management Area Charge (collectively, “the Charges”) may be assessed against the Subdivision parcels. The Developer hereby waives any and all procedural and substantive objections to the special assessments, including notice and hearing St. Clair Estates Development Agreement February 27, 2017 page 8 requirements, any claim that the assessments exceed the benefit to the properties, and any right to appeal. b. Unless the Developer pays the entire balance owed for the Charges contemporaneously with the execution of this Agreement, the Developer shall provide to the City a cash escrow or irrevocable letter of credit in an amount equal to 35% of the total assessments for the Charges as estimated by the City Engineer (see Exhibit C). The letter of credit shall be in a form, and from a bank, as approved by the City. The letter of credit or cash escrow may be used by the City upon default by Developer in the payment of special assessments. The cash escrow or letter of credit shall remain in place throughout the term of the special assessments. The letter of credit may not be terminated without the City’s written consent. c. Developer, its heirs, successors or assigns, agrees that within 30 days after the date of sale of a lot, the Developer, its heirs, successors or assigns, at its own cost and expense, shall pay the entire unpaid charges assessed or to be assessed under this agreement against such property. d. If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to 120% of the Engineer's estimate of the special assessments for such Charges that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. e. Acceleration upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat or development, or fails to pay when due any installment of any special assessment levied pursuant to this agreement, or any interest thereon, the City at its option, in addition to its rights and remedies hereunder, after 10 days written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided herein. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to Minnesota Statutes section 429.061, subdivision 3, for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then St. Clair Estates Development Agreement February 27, 2017 page 9 estimated or levied pursuant hereto, with interest, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. In addition to any other rights and remedies upon Developer’s default, the City may refuse to issue building permits and/or Certificates of Occupancy for any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees, if the City prevails in any enforcement action. 18. Building Permits. No building permits shall be issued until: a. Site grading, City sewer, water, storm sewer, and bituminous base construction of the streets, temporary street signs, gas, electric, and telephone are completed and approved by the City, except as provided below. i. Model Homes: Structures may be installed as model homes consistent with City ordinance upon approval of the final plat. A record drawing of the site grading for the model home lots shall be submitted prior to issuance of building permits for the model homes. ii. If any building permits for model homes are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. Any such costs shall be reimbursed from Developer’s escrow. 19. Special Provisions a. All construction vehicles and traffic related to the installation of the Developer’s Improvements (e.g. grading, street, private and public utilities) must ingress and egress via the temporary construction access located on CSAH 34/Birch Street. b. The Enid Island Homeowner Association shall be responsible for the ownership, maintenance and landscaping of Outlot C. 20. Hours of Construction Activity. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. St. Clair Estates Development Agreement February 27, 2017 page 10 Sunday and Holidays No working hours allowed 21. 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 than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00) 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. 22. Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, chapter 429. 23. 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 Subdivision and shall be deemed covenants running with the land, unless otherwise released pursuant to section 14 of this Agreement. b. Validity. St. Clair Estates Development Agreement February 27, 2017 page 11 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 Development Agreement. c. 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 mailed by United States mail to the addresses below by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties are as set forth until changed by notice given as above. Attn: Jamie Jensen St. Clair Land Company 1517 Dawn Circle Arden Hills, MN 55112 Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 St. Clair Estates Development Agreement February 27, 2017 page 12 DEVELOPER CITY OF LINO LAKES By ______________________ By _________________________ Mayor Its ______________________ ATTEST By _________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2017, 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 ____________, 2017 by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public St. Clair Estates Development Agreement February 27, 2017 page 13 STATE OF MINNESOTA ) ) SS COUNTY OF __________ ) On this _______ day of _______________, 2017, before me, a Notary Public within and for said County, personally appeared ____________, __________________ of ___________________. (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 St. Clair Estates Development Agreement February 27, 2017 page 14 EXHIBIT A Legal Description Lot 1, Block 1, Speiser Acres, Anoka County, Minnesota 2/22/2017 PROJECT: St. Clair Estates NUMBER OF REU's:35 APPLICANT: St. Clair Land Company NO. OF LOT FRONTAGES 35 AREA:11 ACRES IMPROVEMENTS COST NOTES DEVELOPER IMPROVEMENT COSTS SITE GRADING $300,914 EROSION CONTROL $22,683 LANDSCAPING $35,000 TRAFFIC CONTROL, BUILDING REMOVAL, SIGNS $26,886 STREET, SIDEWALK, TRAIL $346,504 STORM SEWER CONST.$137,807 SANITARY SEWER CONST.$296,278 WATERMAIN CONST.$184,631 ENGINEERING & SURVEYING $31,500 Total $1,382,203 Letter of Credit Amount X 150%$2,073,305 ESCROW FOR CITY COSTS PLANNING REVIEW $1,500 ADMINISTRATION $41,470 3% of construction ENGINEER PLAN REVIEW $2,500 ENGINEER CONSTRUCTION SERVICES $26,500 PROJECT FINAL DOCUMENTS & CITY ENGINEER $4,500 STREET LIGHT INSTALLATION $7,500 (3 lights) $2,500/Light STREET & STORMWATER MAINTENANCE $2,500 PROPERTY TAXES $0 If final plat b/w July 1 & Dec 31 BOULEVARD TREE PLANTING $18,430 (x tree) $485/ tree Total $104,900 DEVELOPER FEES PARK DEDICATION $87,500 $2,500/res unit: $2,175/com ac PARK DEDICATION CREDIT (TRAIL)$0 SEAL COATING FEE $14,322 $0.33/SF of road AERIAL PHOTO FEE $3,150 $90/Lot STREET LIGHTING OPERATION $315 (3 lights) $105/Light Total $105,287 DEVELOPER FEES (LETTER OF CREDIT) TRUNK SEWER UNIT CHARGE $107,555 $3,073/REU TRUNK SEWER UNIT CHARGE CREDIT TRUNK WATER UNIT CHARGE $142,415 $4,069/REU TRUNK WATER UNIT CHARGE CREDIT Sub-Total $249,970 SURFACE WATER MANAGEMENT AREA CHARGE $69,478 $0.145/SF of Development Area SURFACE WATER MANG'T AREA CHARGE CREDIT ($11,500)Credit 3 & 5 Sub-Total $57,978 Total $307,948 To Be Assessed Letter of Credit Amount X 35%$107,790 SUMMARY OF COSTS DEVELOPER IMPROVEMENT COSTS $2,073,305 LETTER OF CREDIT ESCROW FOR CITY COSTS $104,900 CASH DEVELOPER FEES $105,287 CASH DEVELOPER FEES (LETTER OF CREDIT)$107,790 LETTER OF CREDIT EXHIBIT C St. Clair Estates Development Agreement February 27, 2017 page 17 CONSENT TO DEVELOPMENT I, James H. Speiser, a single man, hold fee title to Lot 1, Block 1, Speiser Acres, Anoka County, Minnesota (“the Property”), subject to a Contract for Deed in favor of the St. Clair Land Company, as recorded with Anoka County, Document No. 2130373.001. I acknowledge that the St. Clair Land Company is entering into a Development Agreement with the City of Lino Lakes for the development of the Property, and I agree that the Property is subject to the terms and conditions of that Agreement. ______________________________ James H. Speiser STATE OF MINNESOTA ) ) ss. COUNTY OF _______________ ) The foregoing instrument was acknowledged before me this _________ day of _______________________, 2017, by James H. Speiser. ______________________________ Notary Public This instrument was drafted by: The City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 CITY OF LINO LAKES RESOLUTION NO. 17-16 RESOLUTION AUTHORIZING EXECUTION OF MAINTENANCE AGREEMENT STORMWATER MANAGEMENT FACILITIES BETWEEN RICE CREEK WATERSHED DISTRICT AND CITY OF LINO LAKES WHEREAS, the St. Clair Estates project includes the construction of stormwater facilities such as catch basins, pipe, and ponds to convey street surface water and provide water treatment prior to entering public waters; and WHEREAS, such stormwater facilities are subject to the requirements of the Rice Creek Watershed District; and WHEREAS, the Rice Creek Watershed District Board of Managers conditionally approved Permit No. 16-024 for the project subject to the execution a maintenance agreement between the City and the Watershed District. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes executes the Maintenance Agreement Stormwater Management Facilities between the Rice Creek Watershed District and City of Lino Lakes. Adopted by the Council of the City of Lino Lakes this 27th day of February, 2017. 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 1 MAINTENANCE AGREEMENT Stormwater Management Facilities Between the Rice Creek Watershed District and City of Lino Lakes This Maintenance Agreement (“Agreement”) is made by and between the Rice Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes Chapters 103B and 103D and a drainage authority pursuant to chapter 103E of the laws of the State of Minnesota, (RCWD), and the City of Lino Lakes (“Permittee”). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes § 103D.345, the RCWD has adopted and implements Rule C, Stormwater Management Plans; WHEREAS Rule C imposes certain requirements, which the Permittee will meet in this case by constructing and maintaining stormwater management facilities as identified on the site plan incorporated into this Agreement as Exhibit A; WHEREAS in accordance with Rule C and as a condition of Permit 16-024 the Permittee’s obligation to maintain these stormwater facilities must be memorialized by a recorded maintenance declaration or, alternatively, a maintenance agreement establishing the Permittee’s perpetual maintenance obligation; WHEREAS the Permittee and the RCWD execute this Agreement to fulfill the condition of Permit 16-024, and concur that it is binding and rests on mutual valuable consideration; THEREFORE: 1. The Permittee, at its cost, will inspect and maintain the stormwater management facilities delineated and labeled on Exhibit A as follows: POND 1 AND POND 2. The Permittee will: 2 a. Obtain certified as-built contours for all ponds and inspect the ponds, and associated outlet structures, culverts and outfall structures one year and two years after the completion of as-builts, including measuring sediment accumulation by a method accurate to within one vertical foot. Thereafter, the Permittee will perform inspections in the fifth year after pond completion and every five years thereafter. If inspections show that sediment may accumulate to 50 percent of wet storage volume, or 25 percent of dry detention volume, within less than five years, the Permittee will inspect more frequently. Pond function will be considered inadequate if sediment accumulation has decreased the wet storage volume by 50 percent or dry detention volume by 25 percent, and the Permittee will restore the basin to its original design elevations and dimensions and restore vegetation in disturbed areas within one year of the inspection date. b. Inspect stormwater infiltration and filtration basins, including rain gardens, annually, to preserve live storage capacity at or above the design volume. Remove vegetation, maintain healthy plant growth and remove excess sediment and debris to ensure that the facilities continue to perform per design. c. Inspect grit chambers, sump catch basins and sump manholes annually. Accumulated sediment and debris will be removed so that the each facility continues to operate as designed and erosion or structural problems are corrected. d. Inspect conveyances and other structures annually. Ensure preservation of designed hydraulic capacity. 2. If the Permittee conveys into private ownership a fee interest in all or any portion of the public property that is subject to this Agreement, it must require as a condition of sale, and enforce: (a) that the purchaser record a declaration on the property incorporating the stormwater management facility maintenance requirements of this Agreement; and (b) that recordation occur either before any encumbrance is recorded on the property or, if after, only as accompanied by a subordination and consent executed by the encumbrance holder ensuring that the declaration will run with the land in perpetuity. If the Permittee conveys into public ownership a fee interest in all or any portion of the property that is 3 subject to this Agreement, it must require as a condition of the purchase and sale agreement that the purchaser accept an assignment of all obligations vested under this Agreement. 3. This Agreement is in force for five years from the date on which it is fully executed and will renew automatically for five-year terms unless terminated by the parties. This Agreement may be amended only in a writing signed by the parties. 4. The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RICE CREEK WATERSHED DISTRICT By _______________________________ Date: RCWD Administrator, Phil Belfiori CITY OF LINO LAKES By: _______________________________ Date: Community Development Director, Michael Grochala APPROVED AS TO FORM and EXECUTION By: ________________________________ Date: Its Attorney 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 S:\Community Development\Projects\Planning Cases\St. Clair Estates\Staff Reports\20170227 CC (FP)\7 Engineering Review - St Clair Estates Final Plat.docx Memorandum To: Katie Larsen, City Planner From: Diane Hankee PE, City Engineer Date: February 16, 2017 Re: St. Clair Estates Plan Review WSB Project No. 2988-220 We have reviewed the Final Plat documents submitted on February 1, 2017 for St. Clair Estates in Lino Lakes, MN prepared by Plowe Engineering, Inc. The following are our review comments that should be responded to in writing by the applicant. GRADING, EROSION AND SEDIMENT CONTROL 1. No further comments. STORMWATER MANAGEMENT 1. The Declaration for Maintenance Agreement needs to include the City of Lino Lakes along with RCWD; please revise. The Declaration for Maintenance Agreement shall include an attachment “Maintenance Plans” outlining and providing direction on long term maintenance of the infiltration basin, vegetation, and appurtenances. FLOODPLAIN 1. The applicant shall obtain a Letter of Map Revision (LOMR) from FEMA. 2. Block 4, Lots 5 through 7 – 100-year flood elevation from Pond 1 encroaches onto private property, please confirm and adjust if necessary. WETLANDS 1. No further comments. ENVIRONMENTAL 1. No further comments. Ms. Katie Larsen February 16, 2017 Page 2 S:\Community Development\Projects\Planning Cases\St. Clair Estates\Staff Reports\20170227 CC (FP)\7 Engineering Review - St Clair Estates Final Plat.docx WATER SYSTEM 1. No further comments. SANITARY SEWER SYSTEM 1. C2.1 has a roadway section for Birch Street. This shall be approved by Anoka County and will likely require an additional bituminous lift. STORM SEWER SYSTEM 1. No further comments. TRANSPORTATION 1. The applicant shall supply a haul route plan. FINAL PLAT 1. Outlot C shall have a Drainage and Utility easement over it. 2. The plat shall include right of way to the south property line for future extension. The Conservation easement shall be modified to exclude this area. 3. The 40 feet wide drainage and utility easement over the emergency access/trail and easement over SAN MH 1 and the pipe between SAN MH 1 and SAN MH 2 shall be submitted to the City for review and once approved recorded. The easement between SAN MH 1 and SAN MH 2 shall be shown in the plans. DEVELOPMENT AGREEMENT 1. Required with final plat. PERMITS The applicant shall provide the following permits prior to final plat approval. 1. NPDES Construction General Permit 2. Rice Creek Watershed Permit – CAPROC #16-024 a. Wetland delineation per the WCA b. Wetland buffers c. Stormwater and erosion control. 3. US Corps of Engineers wetland delineation 4. MDH for Water System 5. MPCA/MCES Sanitary Sewer Extension – Received Ms. Katie Larsen February 16, 2017 Page 3 S:\Community Development\Projects\Planning Cases\St. Clair Estates\Staff Reports\20170227 CC (FP)\7 Engineering Review - St Clair Estates Final Plat.docx 6. Anoka County Right of Way – Birch Street traffic will not be permitted on City streets. The City recommends that Birch Street remain open and traffic shifted if necessary. The City shall review the traffic control plan. If you or the applicant has any questions regarding these comments, please contact Diane Hankee at (651) 982-2430 or diane.hankee@ci.lino-lakes.mn.us.  Page 1 Memo To: Katie Larsen From: Marty Asleson Date: 2/15/2017 Re: St Clair Estates Final Plat/Environmental Comments CONSERVATION EASEMENT The Environmental Board previously made recommendations concerning the Conservation Area of St Clair Estates. These recommendations included: Significant Resources Protection The St Clair Estates Wetland Edge within the Conservation Easement area of the proposed project may contain rare plants. These plants if they exist would be in the easement area and close to the wetland edge. The developer shall use the following procedures to care for disturbance in this for drainage features: 1. A fence will be placed at the edge of soil disturbance areas protecting vegetation from disturbance. This is not the same as the wetland and project perimeter control. 2. Top-soils from the conservation easement area disturbed for stormwater features be stockpiled in a predetermined location, and then reapplied to the site in as close to the original location as possible. The narrative describes this but the stockpile area needs to be shown on the grading sheet. 3. The conservation area shall be fenced off after construction to keep all house construction activities out. 4. An information hand out to residents purchasing houses in the easement area be drafted as an awareness/educational instrument for the natural resource conservation area. The brochure should describe the area, list rules for no Environmental  Page 2 encroachment and why the Conservation Easement is necessary. This must be reviewed by the City, and accepted. 5. The Conservation Easement have both the City of Lino Lakes and the RCWD named as easement holders. • Stock pile area for any top soil excavated in the Conservation Easement Area for grading. The plan sheet discusses that it will be done, but I don’t see the area on the plan. • Conservation Easement area sign design (must be approved by the City). The City will need coordinates of the sign locations in Anoka NAD 83, feet GIS points. LANDSCAPING Need a detail design of the circle island. Design must be landscaped using potted native plant materials. Potted plants are needed for entire outlot C. Plan must be approved by the City. SWPPP Looks good St. Clair EstatesFinal Plat City Council Meeting February 27, 2017 Background•35 lot R-1 single family residential subdivision •north of CSAH 34 (Birch Street) •east of Hokah Drive •30 gross acre parcel 2 3 Land Use Applications•August 22, 2016: •CC approved Preliminary Plat with 35 lots •September 8, 2016 •Final Plat was submitted with 36 lots •October 12, 2016 •P&Z Board recommended approval of 35 lots •February 27, 2017 •Final Plat was revised back to 35 lots 4 5 August-Original Preliminary Plat •Cul de sac bulb to the west •35 lots 6 Revised Preliminary Plat •Cul de sac bulb to the east •35 lots Density 7 Low Density Residential allows 1.6 to 3.9 units per net density acre Gross Area (acres)30.47 Wetlands & Water Bodies 13.60 Public Parks & Open Space 0.00 Arterial ROW 0.00 Other (Wetland Buffer Conservation Easement)2.74 Net Area (acres)14.13 # of Units 35 Gross Density (units/acre)1.15 Net Density (units/acre)2.48 8 9 Conservation Easement 10 ‘ Wide, 7 ton emergency access trail Temporary Construction Access Require ROW to be extended Cash in Lieu of Land Dedication St. Clair Estates 35 lots x $2,500 =$87,500 10 ACHD•Anoka County Highway Department reviewed the final plat and has no additional comments. •County will analyze the feasibility of connecting Enid Trail to Birch Street as part of their 5 year Capital Improvements Plan 11 Agreements1. Development Agreement 2. Maintenance Agreement for Stormwater Management Facilities •Outlots A & B 12 Planning & Zoning Board•Reviewed on October 12, 2016 •Recommended approval of 35 lots 13 Council Action•Resolution No. 16-133 Approving Final Plan and Final Plat •Resolution No. 16-134 Approving Development Agreement •Resolution No. 17-16 Approving Maintenance Agreement for Stormwater Management Facilities 14 1 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: February 27, 2017 TOPIC: Consider Second Reading of Ordinance No. 01-17 to Rezone Property from R, Rural to R-1X, Single Family Executive for Erickson Estates *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. 01-17 to rezone property from R, Rural to R-1X, Single Family Executive for Erickson Estates. BACKGROUND Joan and David Erickson submitted a land use application for Comprehensive Plan Amendment, Rezoning and Preliminary Plat. They live on a 4.38 acre parcel located at 63 White Pine Road and would like to split off the east portion for the purpose of constructing another single family home. The proposed 2 lot single family residential subdivision is called Erickson Estates. The Planning & Zoning Staff Report dated January 11, 2017 details the proposed project. Rezoning The parcel is currently zoned R, Rural and requires rezoning to R-1X, Single Family Executive. The Planning and Zoning Board held a public hearing on January 11, 2017. The Board found the proposal meets the criteria for rezoning as detailed in Ordinance No. 01-17. RECOMMENDATION The Planning & Zoning Board and staff recommend approval of Ordinance No. 01-17. The 1st reading of the ordinance was approved by Council on February 13, 2017. ATTACHMENTS 1. Site Location & Zoning Map 2. Ordinance No. 01-17 0 400 800200 Feet PSP R PSP R-1 R-1 R-1X R-1X R-1 R R R-1X R-1X R-1X R R R-6 R-1XBALDWIN LAKE RDBALDWIN LAKE RDL I N D A AV ELINDA AV E LAURENE AVELAURENE AVESSCCHHLLAAVVIINN CCTT WHITE PINE RDWHITE PINE RD WOODRIDGE LNWOODRIDGE LNWHITE PINE CIRWHITE PINE CIROOAAKKWWOOOODDLLNNROHAVIC LNROHAVIC LN PLUM LNPLUM LN BALDWIN LAKEOHWL 883.1FIRM BFE 887FIS BFE 887 Zoning Map µ Legend LinoLakesMN.DBO.Zonin gDistrictZoning Description Rura lRural ExecutiveSingle Family ResidentialSingle Family ExecutiveTwo Family Reside ntia lMedium Density Residen tialHigh Density ResidentialManufactured Home ParkLimited BusinessGeneral BusinessNeighborhood BusinessGeneral In dustrialLight IndustrialRural/Business ReservePublic Semi-PublicPUD 1 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 01-17 ORDINANCE TO REZONE PROPERTY FROM R, RURAL TO R-1X, SINGLE FAMILY EXECUTIVE FOR ERICKSON ESTATES 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 to R-1X, Single Family Executive. 2. The Planning and Zoning Board held a public hearing on January 11, 2017. 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. Erickson Estates is consistent with the official City Comprehensive Plan with the proposed amendments as detailed in the January 11, 2017 Planning & Zoning Staff Report. (b) The proposed use is or will be compatible with present and future land uses of the area. Erickson Estates is compatible with present and future land uses of the area. Land uses surrounding the subject site are guided for low density residential development, urban reserve and parks. (c) The proposed use conforms with all performance standards contained herein. Erickson Estates conforms will all performance standards as detailed in the January 11, 2017 Planning & Zoning Staff Report. (d) The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. 2 Erickson Estates can be accommodated with existing public services. The proposed one single family home will not overburden the City’s service capacity for either water or sanitary sewer. (e) Traffic generation by the proposed use is within capabilities of streets serving the property. Traffic generated by Erickson Estates and the proposed single family home is within capabilities of the streets serving the property. White Pine Road and Baldwin Lake Road are minor collector roads. Section 2: Amendment The Zoning Ordinance of the City of Lino Lakes is hereby amended to rezone the following described property from R, Rural to R-1X, Single Family Executive. Section 3: Legal Description The parcel is depicted on Exhibit A attached herein and legally described as follows: That part of the following described property which lies East of Line A described herein: The South 350.00 feet of the west 700.00 feet of Government Lot 3, and that part of the west 700.00 feet of the Northwest Quarter of the Southwest Quarter which lies North of the south 1044.34 feet thereof, all in Section 31, Township 31, Range 22, Anoka County, Minnesota. Line A Commencing at a point on the South line of Section 31, Township 31, Range 22, Anoka County, Minnesota, distant 670.00 feet East of the Southwest corner of said Section 31, thence North and parallel with the West line of said Section 31 a distance of 2378.08 feet; thence West and parallel with the south line of said Section 31 a distance of 284.88 feet; thence South and parallel with said West line a distance of 34.19 feet to a point on the North line of the South 1044.34 feet of the Northwest Quarter of the Southwest Quarter of said Section 31, which is the point of beginning of Line A to be described; thence North parallel with the West line of the southwest Quarter of said Section 31 to a point on the East and West Quarter line of said Section 31; thence North parallel with the west line of Government Lot 3 of said Section 31 to a point on the North line of the South 350.00 feet of said Government Lot 3 and there terminating. Abstract Property. Section 4: Development Regulations The development shall conform to the plans, requirements, and conditions of approval as listed in Council Resolution No. 17-12. 3 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 , 2017. 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 N SCALE IN FEET 0 40 LOUCKS City Of Lino Lakes County Of Anoka Sec 31, Twp 31, Rng 22 KNOW ALL PERSONS BY THESE PRESENTS: That David E. Erickson and Joan R. Erickson, husband and wife, owner of the following described property: That part of the following described property which lies East of Line A described herein: The South 350.00 feet of the west 700.00 feet of Government Lot 3, and that part of the west 700.00 feet of the Northwest Quarter of the Southwest Quarter which lies North of the south 1044.34 feet thereof, all in Section 31, Township 31, Range 22, Anoka County, Minnesota. Line A Commencing at a point on the South line of Section 31, Township 31, Range 22, Anoka county, Minnesota, distant 670.00 feet East of the Southwest corner of said Section 31, thence North and parallel with the West line of said Section 31 a distance of 2378.08 feet; thence West and parallel with the south line of said Section 31 a distance of 284.88 feet; thence South and parallel with said West line a distance of 34.19 feet to a point on the North line of the South 1044.34 feet of the Northwest Quarter of the Southwest Quarter of said Section 31, which is the point of beginning of Line A to be described; thence North parallel with the West line of the southwest Quarter of said Section 31 to a point on the East and West Quarter line of said Section 31; thence North parallel with the west line of Government Lot 3 of said Section 31 to a point on the North line of the South 350.00 feet of said Government Lot 3 and there terminating. Have caused the same to be surveyed and platted as ERICKSON ESTATES and do hereby dedicate to the public for public use the public ways and the drainage and utility easements as shown on this plat. In witness whereof said David E. Erickson and Joan R. Erickson, husband and wife, have hereunto set their hands this _______ day of _______________________, 201___. __________________________________________________ David E. Erickson __________________________________________________ Joan R. Erickson STATE OF __________________ COUNTY OF __________________ This instrument was acknowledged before me this _______ day of _______________________, 201___ by Dave Erickson and Joan Erickson. __________________________________________ __________________________________________ Notary Public, ________________County, ____________ My Commission expires ___________________________ SURVEYOR CERTIFICATE I Paul J. McGinley do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this _______ day of _______________________, 201___ __________________________________________ Paul J. McGinley, Licensed Land Surveyor Minnesota License No. 16099 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this _______ day of _______________________, 201___ by Paul J. McGinley. __________________________________________ __________________________________________ Notary Public, Hennepin County, Minnesota My Commission expires January 31, 2020 CITY COUNCIL, CITY OF LINO LAKES, MINNESOTA Approved by the Council of the City of Lino Lakes, this _______ day of _______________________, 201___. City Council, City of Lino Lakes, Minnesota Signed ___________________________________________, Mayor ___________________________________________, City Clerk PLANNING COMMISSION, CITY OF LINO LAKES, MINNESOTA Approved by the Planning Commission of the City of Lino Lakes of Minnesota, this _______ day of _______________________, 201___. Planning Commission, City of Lino Lakes, Minnesota By __________________________________________, Chairman By __________________________________________, Secretary COUNTY SURVEYOR I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this _______ day of _______________________, 201___. __________________________________________ Larry D. Hoium, Anoka County Surveyor COUNTY AUDITOR/TREASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 201__ on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this _______ day of _______________________, 201___. By __________________________________________, Property Tax Administrator By __________________________________________, Deputy COUNTY RECORDER COUNTY OF ANOKA, STATE OF MINNESOTA I hereby certify that this plat of ERICKSON ESTATES was filed in the office of the County Recorder for public record on this _______ day of _______________________, 201___, at ____ o'clock ___.M. and was duly recorded in Book _______________________ Page ___________, as Document Number __________________________. By __________________________________________, County Recorder By __________________________________________, Deputy 1 INCH = 40 FEET CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: February 27, 2017 TOPIC: Consider Resolution No. 17-18 Approving the Plans & Specifications and Authorizing the Ad for Bid, 2017 Mill and Overlay Project VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting Council approve of plans and specifications and authorizing advertisement for bids for the 2017 Mill and Overlay Project. BACKGROUND In accordance with the City’s Pavement Management Plan, streets are identified for annual maintenance. The City uses a pavement rating review to annually analyze the conditions of the City’s streets and recommend segments that meet the maintenance requirements. Streets are selected for maintenance based on pavement management criteria, input from Public Works, and feasibility of locations. The proposed project includes the following: Mill and Overlay 2nd Avenue (Lake Dr to Elm St) Glenview Avenue (Glenview Ln to 2nd Ave) Parkview Avenue (Glenview Ln to 2nd Ave) Alternate Glenview Lane and Gladstone Circle Elm Street (Grey Heron Dr to Lake Dr) Seal Coat Kelly Street Stagecoach Trl (north section) Vaughn Ct Oakwood Ln Red Fox Rd Fox Rd (east section) The schedule for this project is as follows: City Council Order Project, Authorizes Plans and Spec’s Dec. 12, 2016 City Council Approves Plans and Specifications Feb. 27, 2017 City Council Authorizes Ad for Bids Feb. 27, 2017 City Open Bids March 30, 2017 City Council Awards Contract April 10, 2017 Construction Begins Mid May, 2017 Final Completion August 25, 2017 The budget for the project is $630,000 which includes, construction, engineering and administrative costs associated with the project. RECOMMENDATION Staff recommends adoption of Resolution No. 17-18 Approving the Plans & Specifications, Authorizing the Ad for Bid, 2017 Mill and Overlay Project. ATTACHMENTS 1. Resolution No. 17-18 2. Plan Title Sheet/Location Map CITY OF LINO LAKES RESOLUTION NO. 17-18 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE 2017 MILL AND OVERLAY PROJECT WHEREAS, the City Engineer has prepared plans and specifications for the 2017 Mill and Overlay Project and has presented such plans and specifications to the City Council for approval; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: Such plans and specifications, a copy of which is on file at City Hall, are hereby approved. The City Engineer is directed to advertise for bids, provide construction observation, and close out the project once it is complete. The City clerk shall prepare and cause to be inserted in the official paper and in Finance and Commerce an advertisement for bids for the making of such improvement under such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will be received by the Clerk, at which time they will be publicly opened at the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on April 10, 2017, in the Council chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier’s check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Council of the City of Lino Lakes this 27th day of February, 2017. 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 2ND AVENUEWOODRIDGE ESTATESOAKWOOD VIEWPINE GLENGRANDVIEWMARSHAN MEADOWSGLENVIEW AVENUEPARKVIEW DRIVEVAUGHN ADDITIONFOX BOROUGHSHEETSOFSHEET%+6;1(.+01.#-'5wsbeng.comWSB PROJECT NO. 02988--360