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HomeMy WebLinkAbout03-13-2017 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, March 13, 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 SPECIAL COUNCIL SESSION, 6:15 P.M. Council Work Room (not televised) 1. Interview applicant for Park Board CITY COUNCIL MEETING, 6:30 P.M.  Roll Call - Council Members Rafferty, Kusterman, Manthey, Maher and Mayor Reinert were present  Pledge of Allegiance  Open Mike / Public Comment - Jennifer Gramse spoke as representative of Powerpack, the Centennial Community Food Shelf, and outlined the support the group has received from both Bald Eagle Erectors and Mini Mobile and indicated that the businesses are good community members  Setting the Agenda: Addition or deletion of agenda items The agenda was approved as presented. 1. CONSENT AGENDA A) Consideration of Expenditures: i) March 13, 2017 (Check No. 105485 through 105549) in the amount of $147,839.16 B) Consider approval of February 27, 2017 Work Session Minutes Council Member Maher absent C) Consider approval of February 27, 2017 Council Meeting Minutes Council Member Maher absent D) Consider approval of Resolution 17-19, 1-4 Day Temporary On-Sale Liquor License for the Lino Lakes Lions Club Prime Rib Dinner E) Consider Approving Application for an Exempt Raffle Event for Abiding Bridges Cooperative Preschool Ice Cream Social Raffle Action Taken: Motion by Maher, seconded by Rafferty, to approve Consent Agenda Items 1A, 1D and 1E as presented, was adopted. Action Taken: Motion by Rafferty, seconded by Manthey, to approve Consent Agenda, Items 1B and 1C as presented, was adopted Council Agenda -2- March 13, 2017 EXPANDED AGENDA 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Approval of Technical Services Contract with Z Systems, Jeff Karlson Action Taken: Motion by Kusterman, seconded by Maher, to approve the services contract as presented, was adopted (Rafferty voted no) 4. PUBLIC SAFETY DEPARTMENT REPORT A) Paid On-Call Fire Lieutenant Promotion, John Swenson Action Taken: Motion by Manthey, seconded by Kusterman, to approve the promotion of Brian Finke as recommended, was adopted 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Bald Eagle Erectors, Katie Larsen i. Consider Resolution No. 17-20 Approving a Conditional Use Permit Amendment and Site Plan Review ii. Consider Resolution No. 17-21 Approving Site Improvement Performance Agreement Action Taken: Motion by Kusterman, seconded by Rafferty, to approve Resolution No. 17-20 as presented, was adopted Motion by Kusterman, seconded by Manthey, to approve Resolution No. 17-21 as presented, was adopted B) Consideration of Resolution No. 17-22, Accepting 2017 Anoka County Recycling and Recycling Enhancement Grants, Marty Asleson Action Taken: Motion by Maher, seconded by Rafferty to approve Resolution No. 17-20 as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Action Taken: Motion by Rafferty, seconded by Manthey to adjourn at 7:05 p.m., was adopted Council Agenda -3- March 13, 2017 EXPANDED AGENDA Following adjournment of the regular council meeting, the council will meet in a closed session for the purpose of discussing the sale of certain city property Community Calendar – A Look Ahead March 13, 2017 through March 27, 2017 Wednesday, March 22 6:30 pm, Council Chambers Environmental Board Monday, March 27 6:00 pm, Community Room Council Work Session Monday, March 27 6:30 pm, Council Chambers City Council Meeting Updated March 10, 2017 CITY COUNCIL AGENDA Monday, March 13, 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 SPECIAL COUNCIL SESSION, 6:15 P.M. Council Work Room (not televised) 1. Interview applicant for Park Board CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call  Pledge of Allegiance  Open Mike / Public Comment  Setting the Agenda: Addition or deletion of agenda items 1. CONSENT AGENDA A) Consideration of Expenditures: i) March 13, 2017 (Check No. 105485 through 105549) in the amount of $147,839.16 B) Consider approval of February 27, 2017 Work Session Minutes Council Member Maher absent C) Consider approval of February 27, 2017 Council Meeting Minutes Council Member Maher absent D) Consider approval of Resolution 17-19, 1-4 Day Temporary On-Sale Liquor License for the Lino Lakes Lions Club Prime Rib Dinner E) Consider Approving Application for an Exempt Raffle Event for Abiding Bridges Cooperative Preschool Ice Cream Social Raffle 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Approval of Technical Services Contract with Z Systems, Jeff Karlson Council Agenda -2- March 13, 2017 4. PUBLIC SAFETY DEPARTMENT REPORT A) Paid On-Call Fire Lieutenant Promotion, John Swenson 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Bald Eagle Erectors, Katie Larsen i. Consider Resolution No. 17-20 Approving a Conditional Use Permit Amendment and Site Plan Review ii. Consider Resolution No. 17-21 Approving Site Improvement Performance Agreement B) Consideration of Resolution No. 17-22, Accepting 2017 Anoka County Recycling and Recycling Enhancement Grants, Marty Asleson 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Following adjournment of the regular council meeting, the council will meet in a closed session for the purpose of discussing the sale of certain city property Community Calendar – A Look Ahead March 13, 2017 through March 27, 2017 Wednesday, March 22 6:30 pm, Council Chambers Environmental Board Monday, March 27 6:00 pm, Community Room Council Work Session Monday, March 27 6:30 pm, Council Chambers City Council Meeting CITY COUNCIL SPECIAL WORK SESSION February 27, 2017 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : February 27, 2017 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 6:30 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Kusterman, 7 Manthey and Mayor Reinert 8 MEMBERS ABSENT : Council Member Maher 9 10 Staff members present: City Administrator Jeff Karlson; Community Development 11 Director Grochala; City Planner Katie Larsen; Finance Director Sarah Cotton; City 12 Engineer Diane Hankee; City Clerk Julie Bartell. 13 14 1. Confirm Goal-Setting Meeting on April 17 – Administrator Karlson noted that 15 staff is suggesting the meeting be held on April 17 (evening) and he’d like to firm up that 16 time as well as settle on a facilitator. He noted the low bid received from three firms. 17 Administrator Karlson said he’d be comfortable with the low bid and is aware they will 18 do a good job. There would be contact with council members ahead of the meeting to 19 discuss goals. 20 2. Review Regular Agenda – The council reviewed items on the regular agenda. 21 Item 2A – Consider Resolution No. 17-17, Authorizing the Issuance of 2017 Certificates 22 of Indebtedness - Finance Director Cotton reviewed the written staff report. The request 23 before the council is to issue certificates to fund the purchase of capital equipment for the 24 city. 25 Council Member Kusterman noted the “special levy” called for by staff and asked for a 26 definition. Ms. Cotton explained that the special levy in this case is a debt service levy 27 rather than a general levy. The action will not impact the 2017 budget but will there will 28 be a debt service levy beginning in 2018. 29 Item 3A – Consider Approval of Technical Services Contract with Z Systems -30 Administrator Karlson noted his request for authorization to execute a contract with Z 31 Systems for design of a total upgrade of the AV system for the city hall council chambers. 32 This would be a technical project and the contract lists the work entailed. He noted the 33 proposed cost and down payment required. Once the design is complete, the city could 34 see bids for the project itself; it’s the first step in an important project. He noted that 35 funding is available in the existing city budget. 36 Mayor Reinert noted that he is aware that the project has been discussed for quite some 37 time and is well needed. Discussion has included the North Metro Television director, 38 Ms. Heidi Arnson. The mayor remarked that there is a long standing contract with North 39 Metro and he’s been exploring what services are provided for the funding they receive 40 from the city. He is suggesting that Ms. Arnson and Z Systems should come before the 41 council for more discussion and exploration of a project. That should include a 42 discussion of the best way to communicate with the city’s audience and how that is 43 CITY COUNCIL SPECIAL WORK SESSION February 27, 2017 DRAFT 2 changing. As well he’d like the council to hear about the services currently being offered 44 by North Metro. This represents an infrequent decision for the council so it should be 45 fully explored when it arises; a clear understanding is called for. Council Member 46 Manthey asked staff to ensure that there would be no conflict of interest or inhibition to 47 communicate with North Metro and Z Systems presenting together. Council Member 48 Rafferty recommends looking at the project with a broad stroke – a technical engineer’s 49 approach. The council discussed the need to delay the requested council action, not 50 wanting to interfere with any timeline the Administrator has in mind but allowing time 51 for discussion. 52 The council concurred with the Mayor’s recommendation. 53 54 The meeting was adjourned at 6:30 p.m. 55 56 These minutes were considered, corrected and approved at the regular Council meeting held on 57 March 13, 2017. 58 59 60 61 62 Julianne Bartell, City Clerk Jeff Reinert, Mayor 63 64 COUNCIL MINUTES February 27, 2017 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : February 27, 2017 4 TIME STARTED : 6:33 p.m. 5 TIME ENDED : 7:10 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Kusterman, 7 Manthey, and Mayor Reinert 8 MEMBERS ABSENT : Council Member Maher 9 10 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 11 Grochala; Finance Director Sarah Cotton; City Engineer Diane Hankee; City Planner Katie Larsen; 12 and City Clerk Julie Bartell 13 14 PUBLIC COMMENT 15 16 No one was present to address the council regarding a matter not on the agenda. 17 18 SETTING THE AGENDA 19 20 The agenda was amended to remove Item 3A, to be discussed at the next council work session. 21 22 SPECIAL PRESENTATION 23 24 American Legion Post 566 representatives explained the oratory competition program to which the 25 Legion sponsors a young member of the community. Ms. Emily Parker was chosen as representative 26 and she did a fantastic job at the competition. Certificates of recognition on her achievement from the 27 American Legion and from the City were presented. Mayor Reinert applauded the effort and 28 achievement. 29 30 CONSENT AGENDA 31 32 Council Member Rafferty moved to approve the Consent Agenda, Items 1A through 1F as presented. 33 Council Member Kusterman seconded the motion. Motion carried on a voice vote. 34 35 ITEM ACTION 36 37 Consideration of Expenditures: 38 39 February 27, 2017 (Check No. 105416 – 40 105484, $266,917.74) Approved 41 42 February 6, 2017 Council Work Session 43 Minutes Approved 44 45 COUNCIL MINUTES February 27, 2017 DRAFT 2 February 13, 2017 Council Meeting Minutes Approved 46 47 February 6, 2017 Closed Council Minutes Approved 48 49 Consider Resolution No. 17-15, Peddler License for 50 Pro-Star Tree Care Approved 51 52 Consider Approving Application for an Exempt Raffle 53 Event for Lino Lakes Elementary School PTO Approved 54 55 FINANCE DEPARTMENT REPORT 56 57 2A) Consider Resolution No. 17-17, Authorizing the Issuance of 2017 Certificates of 58 Indebtedness – Finance Director Cotton explained staff’s request for authorization to issue 59 certificates related to the purchase of capital equipment for the police and fleet system of the city. 60 The specific purchases are outlined in the written staff report. She explained the timing for issuance 61 and debt payment of the certificates. 62 63 Council Member Kusterman moved to approve Resolution No. 17-17 as presented. Council Member 64 Rafferty seconded the motion. Motion carried on a voice vote. 65 66 ADMINISTRATION DEPARTMENT REPORT 67 68 3A) Consider Approval of Technical Services Contract for Z Systems (Item referred back for 69 discussion at the next council work session) 70 71 PUBLIC SAFETY DEPARTMENT REPORT 72 73 There was no report from the Public Safety Department. 74 75 PUBLIC SERVICES DEPARTMENT REPORT 76 77 There was no report from the Public Services Department. 78 79 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 80 81 6A) St Clair Estates: i. Consider Resolution No. 16-133 Approving Final Plat; 82 ii) Consider Resolution No. 16-134 Approving Development Agreement; 83 iii) Consider Resolution No. 17-16 Approving Maintenance Agreement for Stormwater 84 Management Facilities 85 86 City Planner Larsen reviewed a presentation (on file) regarding the project details: 87 - Map of project; 88 - Land use applications involved; 89 COUNCIL MINUTES February 27, 2017 DRAFT 3 - Original and current preliminary plat (the plat preserves the opportunity for a connection to 90 Birch Street): 91 - Density implications; 92 - Final Plat in full view (outlots reviewed; conservation easement noted; emergency access trail 93 included); 94 - Includes a requirement that the right/of/way to be extended for preservation of corridor; 95 - Land dedication (cash in lieu of); 96 - Anoka County review of plans; 97 - Agreements required; 98 - Planning and Zoning Board review and actions. 99 100 Planner Larsen reviewed the actions requested of the council. 101 102 Council Member Manthey asked about inclusion of the r/o/w extension and Ms. Larsen explained it is 103 included as a condition in the resolution. 104 105 Council Member Kusterman reviewed plans for use of park dedication funds; how could those funds 106 be spent? Staff explained that the exact use of the funds isn’t clear but the number of homes 107 included in this project doesn’t warrant the addition of a park. The city will be looking at potential 108 upgrades, including to trails in the area; they can explore the possibility of improvements to the park 109 adjacent to Rice Lake Elementary as suggested by Council Member Kusterman. The council 110 discussed current park access in the area. The mayor suggested that it may be a good idea for the park 111 board to reach out to the residents in the area to see how they’d prefer to see the park funds spent. 112 113 Council Member Rafferty explained that although he respects that the developer is working to address 114 concerns, he will not be supporting the actions because he is not personally comfortable with the 115 development in the location proposed. 116 117 Motion by Council Member Kusterman to approve Resolution No. 16-133 as presented was adopted. 118 Council Member Manthey seconded the motion. Motion carried on a voice vote. Council Member 119 Rafferty voted nay. 120 121 Motion by Council Member Kusterman to approve Resolution No. 16-134 as presented was adopted. 122 Council Member Manthey seconded the motion. Motion carried on a voice vote. Council Member 123 Rafferty voted nay. 124 125 Motion by Council Member Kusterman to approve Resolution No. 17-16 as presented was adopted. 126 Council Member Manthey seconded the motion. Motion carried on a voice vote. Council Member 127 Rafferty voted nay. 128 129 6B) Consider Second Reading of Ordinance No. 01-17 to Rezone Property from R, Rural to 130 R-1X, Single Family Executive for Erickson Estates – City Planner Larsen recalled that the council 131 reviewed and approved this project at the last meeting; staff is requesting second reading and 132 adoption of the ordinance that provides for the rezoning. 133 134 COUNCIL MINUTES February 27, 2017 DRAFT 4 Motion by Council Member Kusterman moved to waive the full reading of Ordinance No. 07-07. 135 Council Member Rafferty seconded the motion. Motion carried on a voice vote. 136 137 Motion by Council Member Kusterman to approve the 2nd Reading and adoption of Ordinance No. 138 01-07 as presented. Council Member Manthey seconded the motion. Motion carried: Yeas, 4; Nays 139 none (Absent – Maher) 140 141 6C) Consider Resolution No. 17-18 Accepting Plans and Specification and Authorizing the 142 Ad for Bid, 2017 Mill and Overlay Project – City Engineer Hankee noted the project approval 143 request. A map of the project proposed is included in the staff report (she reviewed each street 144 included). Staff expects favorable bids and is therefore including an alternate in the bid process 145 (streets included in the alternate were reviewed). Streets included were identified through the 146 established pavement management plan. The project schedule includes a bid opening in April and 147 commencement of the project in August. At council request, Ms. Hankee explained the mill and 148 overlay process, including the use of the special sealcoating technology to prevent reflective cracking 149 if that is appropriate. 150 151 Motion by Council Member Manthey to approve Resolution No. 17-18 as presented was adopted. 152 Council Member Kusterman seconded the motion. Motion carried on a voice vote. 153 154 UNFINISHED BUSINESS 155 156 There was no Unfinished Business. 157 158 NEW BUSINESS 159 160 There was no New Business. 161 162 COMMUNITY EVENTS 163 164 ST. JOSEPH’S CHURCH will be holding a fish dinner Friday, March 3 from 5:00-7:00 p.m. 165 166 YMCA Will be holding a free soccer clinic Sunday, March 5. For more information call 651-259-167 2116. 168 COMMUNITY CALENDAR 169 Community Calendar – A Look Ahead 170 February 27, 2017 through March 13, 2017 171 Thursday, March 2 8:00 am, Community Room EDAC 172 Monday, March 6 6:00 pm, Community Room Council Work Session 173 Wednesday, March 8 6:30 pm, Council Chambers Planning & Zoning 174 175 ADJOURN 176 177 COUNCIL MINUTES February 27, 2017 DRAFT 5 There being no further business, Council Member Rafferty moved to adjourn at 7:10 p.m. Council 178 Member Manthey seconded the motion. Motion carried on a voice vote. 179 180 These minutes were considered and approved at the regular Council Meeting, March 13, 2017. 181 182 183 184 185 Julianne Bartell, City Clerk Jeff Reinert, Mayor 186 187 CITY COUNCIL AGENDA ITEM 1D STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: March 13, 2017 TOPIC: Consider Approval of Resolution No. 17-19, Application for Temporary On-Sale Liquor License for Lino Lakes Lions Club VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Lions Club is planning its annual fundraising “prime rib dinner” to be held on Saturday, September 16, 2017 at St. Joseph Catholic Church, 171 Elm Street. BACKGROUND The Lions Club is requesting approval of a 1 to 4 Day Temporary On-Sale Liquor License, which is necessary to allow the group to mix and dispense liquor that will be served as part of the dinner. Staff has determined that the Lino Lakes Lions Club is eligible for the license under city regulations. The Public Safety Department has conducted the required background check on the applicant. A copy of the application and a copy of the certificate of liquor liability insurance are on file in the city clerk's office. RECOMMENDATION Approve Resolution No. 17-19, approving a 1 to 4 Day Temporary On-Sale liquor license contingent upon the background investigation. CITY OF LINO LAKES RESOLUTION NO. 17-19 RESOLUTION APPROVING LINO LAKES LIONS CLUB APPLICATION FOR A 1- 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE APPLICATION WHEREAS, Minnesota Statutes, Chapter 340A, allows the city council to issue a temporary on-sale liquor license to a non-profit organization in connection with a social event sponsored by the licensee and held within the city limits; and WHEREAS, the Lino Lakes Lions Club has submitted an application for a temporary on-sale liquor license; and WHEREAS, the Lino Lakes Lions Club has paid the required fee for these permits, and WHEREAS, the Alcohol & Gambling Enforcement Division requires that the applications be approved by the City of Lino Lakes City Council before submitting for approval; NOW, THEREFORE BE IT RESOLVED by t he City Council of the City of Lino Lakes, Minnesota: That the Lino Lakes City Council hereby approves the request of the Lino Lakes Lions Club for a temporary on-sale liquor license to be held at St. Joseph Catholic Church on September 16, 2017. Adopted by the Council of the City of Lino Lakes this 13th day of March, 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 1E STAFF ORIGINATOR: Julie Bartell, City Clerk MEETING DATE: March 13, 2017 TOPIC: Consider Approving Application for an Exempt Raffle Event for Abiding Branches Cooperative Preschool VOTE REQUIRED: 3/5 BACKGROUND The Abiding Branches Cooperative Preschool has applied for permission to conduct a raffle at their Annual Ice Cream Social fundraiser to be held in Lino Lakes at St. Joseph of the Lakes Catholic Church. The event is scheduled for April 21, 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. Abiding Branches Cooperative Preschool 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 Abiding Branches Cooperative Preschool. CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Jeff Karlson, City Administrator MEETING DATE: March 13, 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 Steve Browender of Z Systems appeared before the City Council during the March 6th work session to answer questions about the contract proposal submitted by Z Systems for consulting, design, and engineering services. After Mr. Browender fielded several questions, the Council directed staff to place the technical services contract on the March 13th Council agenda for further consideration, with one revision. The contract was revised by eliminating the provision that required a 50 percent down payment prior to the project start. 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 CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: March 13, 2017 TOPIC: Paid On-Call Fire Lieutenant Promotion VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Public Safety Department is requesting council approval to promote POC Firefighter Brian Finke to the rank of POC Fire Lieutenant. BACKGROUND POC Lieutenant Kevin Sweeney has resigned effective March 31, 2017, due to moving out of the City of Lino Lakes, this has created a vacancy at Fire Station #1 for one POC Fire Lieutenant. This promotional process has been extensive and has identified Fire Lieutenant candidates that will continue the proud tradition of providing high quality public safety services. Staff is recommending the promotion of Brian Finke to POC Fire Lieutenant. Mr. Finke has been with the Lino Lakes Public Safety Department since January 5, 2015. The 2017 Approved Budget is funded for 4 POC Fire Lieutenant positions. If approved this promotion will bring the Public Safety Department – Fire Division to full staffing of 4 POC Fire Lieutenants. RECOMMENDATION Staff recommends the Council approve the promotion of Brian Finke to POC Fire Lieutenant effective April 1, 2017. ATTACHMENTS None 1 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: March 13, 2017 TOPIC: Bald Eagle Erectors (7309 Lake Drive) i. Consider Resolution No. 17-20 Approving a Conditional Use Permit for Open and Outdoor Storage ii. Consider Resolution No. 17-21 Approving Site Improvement Performance Agreement VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of a Conditional Use Permit and Site Improvement Performance Agreement for the Bald Eagle Erectors (7309 Lake Drive). Complete Application Date: January 12, 2017 60-Day Review Deadline: March 13, 2017 60-Day Extension: N/A Environmental Board Meeting: February 22, 2017 Park Board Meeting: N/A Planning & Zoning Board Meeting: February 08, 2017 City Council Work Session: March 06, 2017 City Council Meeting: March 13, 2017 BACKGROUND The applicant, Bald Eagle Erectors owns the 5.45 acre parcel located at 7309 Lake Drive. The Land Use Application is for a conditional use permit to bring the property into conformance with the open and outside storage requirements of the, LI, Light Industrial zoning district. The applicant primarily leases the site to Mobile Mini, a company that leases construction trailers and outside storage bins which are stored on site. The applicant is proposing to pave a portion of their property for outdoor storage and stormwater management upgrades. This staff report is based on the followings plan sets: • Survey prepared by Kaskaskia Engineering Group, LLC, dated 12/06/16. • Revised Plans prepared by Larson Engineering, Inc., dated 01/30/17. 2 • RCWD Permit Application dated 01/11/17. • Stormwater Calculation prepared by Larson Engineering, Inc., dated 01/09/17. History The property was originally the offices of Glenn Rehbein Excavating dating back to the early 1970’s. The property included offices, shops and exterior storage of equipment and materials used in the everyday activities of the business. Tshchida Excavating followed Rehbein Companies in 1995. In 2001, Diamond Dirt purchased the property, occupied by Kieger Enterprises, a contracting firm that specialized in natural disaster cleanup. Beaver Landscaping and StoneWest occupied the site as the principal tenants in the mid 2000’s. Since the departure of Beaver Landscaping in 2007 the site has been occupied by a number of businesses at any given time. In February 2000, the City amended the Zoning Ordinance related to outside storage in the LI, Light Industrial Zoning District. While still allowed by conditional use permit, outdoor storage accessory to a permitted use, was further restricted by the current provisions. At the time of adoption in February 2000, the use at 7309 Lake Drive did not meet requirements of the ordinance. Specifically, the property did not meet the area, screening or the surfacing requirements. Therefore as of February 28, 2000 the property became a legal non- conforming use. The site continued to be used for exterior storage by a number of businesses over the next 10 years. However, records indicate that the storage area was reduced to approximately 1.5 acres by 2010, in effect reducing the non-conformity. Mini Mobile’s use of the site, starting in 2011, greatly expanded the exterior storage use, in violation of the City Zoning Code. In 2013 the City, Mini Mobile and the previous property owner entered into a settlement agreement requiring the site to be brought into full compliance related to outdoor storage by December 31, 2017. The new owner, Bald Eagle Erectors has applied for a Conditional Use Permit for the purpose of meeting the open and outdoor storage requirements. ANALYSIS Zoning and Land Use The property is zoned LI, Light Industrial and allows for open and outdoor storage with a conditional use permit. Current Zoning LI, Light Industrial Current Land Use Industrial Future Land Use per CP Industrial Utility Staging Area 1A=2008-2015 3 Surrounding Zoning and Land Use Direction Zoning Current Land Use Future Land Use North PSP-Public Semi-Public & LI-Light Industrial Schools & Industrial Civic/Institutional & Industrial East R-1, Single Family Single Family Residential Low Density Residential South NB- Neighborhood Business Vacant Industrial West PSP-Public Semi-Public Schools-Centennial and Blue Heron Civic/Institutional Site and Building Plan Review Site Plan Staff has concerns regarding additional storage being placed off delignated paved area designated for outdoor storage. Some measures shall be taken to prevent storage being placed off defined storage area, either with a fence, curb and gutter, or bollards. The open area south of the building cannot be used for storage or parking of any kind. This area should be returned to natural ground cover and have a control measure to insure the space is not used for any other purpose. Grading Plan and Stormwater Management Infiltration BMPs are not feasible because of the seasonable high water table being within three vertical feet of the bottom of the infiltration area. A stormwater pond will be used in lieu of infiltration which is proposed in the northwest section of the property. Public Utilities The property hooked up to city sewer and water in May 2016. Outdoor storage does not use water or sewer. Landscaping and Tree Preservation Plan The open area landscape standards are met. Proposed landscaping includes; trees and shrubs located in the north half of the property between the proposed pond and storage area. Per section 1007.043 (17) (e) requires 1 large tree and 3 large shrubs per 2000 sq. ft. Per plan sheet C2.0 the applicant is proposing 15 large trees and 45 large shrubs. The plan proposes fifteen (15) White Cedar Pine trees, thirty two (32) Goldmound Spirea, and thirteen (13) Techny Arborvitae shrubs. Outdoor storage does not require canopy cover 4 landscaping or foundation landscaping. Irrigation is required for all grass and landscaped areas. The landscape screen per 1007.043 (17) (f) is not met, stating plantings shall provide shrub cover for 50% of the wall or fence on the exterior side. Architectural Plans and Exterior Building Materials The existing building is not being renovated. Signage No new signage is proposed. Impervious Surface Coverage The open and outdoor storage meets impervious and surface coverage. Per plan sheet C2.0, the site is 5.45 acres and allows for a maximum of 75% impervious surface cover. The proposed plan indicates an impervious surface coverage of 3.14 acres or 57.6%. The survey should include area calculations in acres and sq. ft. The survey should also include impervious and pervious surface coverage, along with what is being considered pervious and impervious. Vacated 4th Avenue shall have impervious surface break down in the calculation. Post-Development Impervious 3.14 acres (57.6%) Pervious 2.31 acres (42.4%) DISTURBED TOTAL 5.45 acres Public Land Dedication No park land dedication is required. Wetlands The submitted plans do not indicate any wetlands on site. The applicant shall verify this with RCWD. Floodplain There are no floodplains located on site. Anoka County Highway Department Anoka County Highway Department has no comment on the proposal. 5 Rice Creek Watershed District RCWD issued a CAPROC for Permit #17-002 on February 15, 2017. Stormwater Maintenance Agreement The stormwater pond shall be privately owned and maintained. A Declaration for Maintenance of Stormwater Facilities is required and shall be recorded against the property. Site Improvement Performance Agreement A Site Improvement Performance Agreement is required and detailed per Resolution No. 17- 21. Planning and Zoning Board The Planning & Zoning Board held a public hearing on February 08, 2017. There were no public comments. The Board recommended approval with a 6-0 vote with the following condition: 1. The height of any exterior storage and/or equipment shall be limited to 17 feet based on the rationale that each storage container is 8 feet high and stacked 2 high on railroad ties (8 feet +8 feet +1 foot = 17 feet). Findings of Fact Council Resolution No. 17-20 details the Conditional Use Permit Findings of Fact. RECOMMENDATION Staff and the Board recommend approval of the following items: • Resolution No. 17-20 Approving a Conditional Use Permit for Open and Outdoor Storage • Resolution No. 17-21 Approving Site Improvement Performance Agreement ATTACHMENTS 1. Aerial Map 2. Civil Plan Sheets C1.0-C4.0 3. Resolution No. 17-20 4. Resolution No. 17-21 5. Site Improvement Performance Agreement 0 100 20050 Feet 73177317 73097309 4TH AVE4TH AVEFORSHAM LAKE DRFORSHAM LAKE DR Aerial MapBald Eagle Erectors µ LAKE DRIVE4TH AVENUEEXISTINGBUILDING12234444424444454DescriptionRev.Date2017 OUTSIDESTORAGE CUP7309 LAKE DRIVECIRCLE PINES, MN 55014101.30.17RCWD CommentsSheet Title:Project #:Drawn By:Checked By:Issue Date:12176003.000NJNMJW01.11.20173524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2017 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2017\12176003 - Bald Eagle Outside Storage CUP\C. Design\Drawing Files\12176003 - C1.0.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comProject Title:BALD EAGLEERECTORS7309 LAKE DRIVECIRCLE PINES, MN 55014Client:Matt Woodruff, P.E.Date: Reg. No.:01.11.1741885I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY NOT FOR CONSTRUCTION - CUP APPLICATION0NORTH153060REMOVE AND DISPOSE OF EXISTINGCONCRETE PAVEMENT SECTIONSYMBOL LEGENDSAWCUT, REMOVE, AND DISPOSE OF EXISTING CONCRETEPAVEMENT SECTION.REMOVE AND DISPOSE OF EXISTING TREE, STUMP, AND ROOTS.REMOVE AND DISPOSE OF EXISTING ROCK AND BRUSH FROMEXISTING POND.PROTECT EXISTING UTILITIES, BOLLARDS, TREES, BUILDING,CONCRETE, FENCE, ETC. DURING DEMOLITION ANDCONSTRUCTION.REMOVE AND SALVAGE EXISTING FENCE FABRIC AND POSTS.REINSTALL BEFORE CONSTRUCTION COMPLETION.12DEMOLITION PLANC1.0KEY NOTESDEMOLITION NOTES1.Verify all existing utility locations.2.It is the responsibility of the Contractor to perform or coordinate allnecessary utility demolitions and relocations from existing utility locationsto all onsite amenities and buildings. These connections include, but arenot limited to, water, sanitary sewer, cable tv, telephone, gas, electric, sitelighting, etc.3.Prior to beginning work, contact Gopher State Onecall (651-454-0002) tolocate utilities throughout the area under construction. The Contractorshall retain the services of a private utility locator to locate the privateutilities.4.Sawcut along edges of pavements, sidewalks, and curbs to remain.5.All construction shall be performed in accordance with state and localstandard specifications for construction.345 LAKE DRIVE4TH AVENUEEXISTINGBUILDINGSTORAGE AREA65,021 SF (1.5 ACRES)12257'253'5.63'22'53'24'26'R75'R75'50'5.29'DescriptionRev.Date2017 OUTSIDESTORAGE CUP7309 LAKE DRIVECIRCLE PINES, MN 55014101.30.17RCWD CommentsSheet Title:Project #:Drawn By:Checked By:Issue Date:12176003.000NJNMJW01.11.20173524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2017 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2017\12176003 - Bald Eagle Outside Storage CUP\C. Design\Drawing Files\12176003 - C2.0.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comProject Title:BALD EAGLEERECTORS7309 LAKE DRIVECIRCLE PINES, MN 55014Client:Matt Woodruff, P.E.Date: Reg. No.:01.11.1741885I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY NOT FOR CONSTRUCTION - CUP APPLICATION0NORTH153060NEW 5" BITUMINOUS PAVEMENT OVERNEW 8" BASE AGGREGATESEE DETAIL 2/C4.0NEW 6" CONCRETE PAVEMENT OVERNEW 6" BASE AGGREGATESEE DETAIL 1/C4.0NEW SEEDMNDOT SEED MIX: 33-261TECHNY ARBORVITAESEE DETAIL 6/C4.0GOLDMOUND SPIREASEE DETAIL 6/C4.0WHITE CEDARSEE DETAIL 7/C4.0SYMBOL LEGENDPAVING ANDLANDSCAPE PLANC2.0AREA CALCULATIONSENTIRE SITE: 237,227 SFEXISTING:IMPERVIOUS = 44,092 SF (18.6%)PERVIOUS = 193,135 SF (81.4%)PROPOSED:IMPERVIOUS = 136,630 SF (57.6%)PERVIOUS = 100,597 SF (42.4%)INCREASE IN IMPERVIOUS = +92,538 SFLANDSCAPE CALCULATIONSOPEN AREA = 30,356 SFREQUIRED TREES = 15 LARGEREQUIRED SHRUBS = 45 LARGE 899.92* GFE899.46* GFE899.44 C899.02 C899.08 C900899899901898901BASIN 1HWL: 897.37NWL: 895.75BOT:891.75898898LAKE DRIVE4TH AVENUEEXISTINGBUILDING34455MN/DOT CLASS III RIP-RAPDescriptionRev.Date2017 OUTSIDESTORAGE CUP7309 LAKE DRIVECIRCLE PINES, MN 55014101.30.17RCWD CommentsSheet Title:Project #:Drawn By:Checked By:Issue Date:12176003.000NJNMJW01.11.20173524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2017 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2017\12176003 - Bald Eagle Outside Storage CUP\C. Design\Drawing Files\12176003 - C3.0.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comProject Title:BALD EAGLEERECTORS7309 LAKE DRIVECIRCLE PINES, MN 55014Client:Matt Woodruff, P.E.Date: Reg. No.:01.11.1741885I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY NOT FOR CONSTRUCTION - CUP APPLICATION0NORTH153060GRADING,EROSION CONTROL,AND UTILITY PLANC3.0PROPOSED CONTOURS - MAJOR INTERVALGRADE BREAK LINEPROPOSED CONTOURS - MINOR INTERVAL949950950EXISTING CONTOURS2.0%950.00 TC949.50 GLGRADE SLOPESPOT ABBREVIATIONS:TC - TOP OF CURBGL - GUTTER LINEB - BITUMUNOUSC - CONCRETEEO - EMERGENCY OVERFLOWTW - TOP OF WALLBW - BOTTOM OF WALL (F/G)(*) - EXISTING TO BE VERIFIEDSILT FENCERIP-RAP / ROCK CONST. ENTRANCEINLET PROTECTIONCONCRETE WASHOUT STATIONLEGENDGRADING NOTES1.Tree protection consisting of snow fence or safety fence installed at thedrip line shall be in place prior to beginning any grading or demolitionwork at the site.2.All elevations with an asterisk (*) shall be field verified. If elevationsvary significantly, notify the Engineer for further instructions.3.Grades shown in paved areas represent finish elevation.4.5HVWRUHDOOGLVWXUEHGDUHDVZLWK´RIJRRGTXDOLW\WRSVRLODQGVHHG5.All construction shall be performed in accordance with state and localstandard specifications for construction.EROSION CONTROL NOTES1.See Erosion Control Notes on Sheet C4.0.STORM SEWER PIPESTORM MANHOLEFLARED ENDCURB INLETCATCH BASINDRAINTILE PIPEUTILITY NOTES1.See Utility Notes on Sheet C4.0. GEOTEXTILE FABRICENGINEERING FABRICWIRE MESH REINFORCEMENT(OPTIONAL)METAL, WOOD POST, OR STAKE.8' MAX. SPACING, 2' INTO GROUND.NATURAL SOILDIRECTIONOF RUNOFFNOT TO SCALEINSTALLATION DETAILSILT FENCE4C4.0NOTE: DEPENDING UPON CONFIGURATION, ATTACH FABRIC TO WIRE MESHWITH HOG RINGS, STEEL POSTS WITH WIRES, OR WOOD POSTS WITH STAPLES.FABRIC ANCHORAGETRENCH. BACKFILL WITHTAMPED NATURAL SOIL50' MINIMUM6" MINIMUM1"-2" WASHED ROCKNOT TO SCALEROCK CONSTRUCTION ENTRANCE3C4.0PUBLIC ROADHARD SURFACE/NEW 5" BITUMINOUS PAVEMENTPLACED IN 2 LIFTS8" NEW BASEAGGREGATEEXISTING SUBGRADE SOILNOT TO SCALECONSTRUCTION DETAILBITUMINOUS2C4.0NEW 6" BASEAGGREGATENEW 6" PORTLAND CEMENT CONCRETEEXISTING SUBGRADE SOILNOT TO SCALECONSTRUCTION DETAILCONCRETE1C4.0DescriptionRev.Date2017 OUTSIDESTORAGE CUP7309 LAKE DRIVECIRCLE PINES, MN 55014101.30.17RCWD CommentsSheet Title:Project #:Drawn By:Checked By:Issue Date:12176003.000NJNMJW01.11.20173524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2017 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2017\12176003 - Bald Eagle Outside Storage CUP\C. Design\Drawing Files\12176003 - C4.0.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comProject Title:BALD EAGLEERECTORS7309 LAKE DRIVECIRCLE PINES, MN 55014Client:Matt Woodruff, P.E.Date: Reg. No.:01.11.1741885I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.PRELIMINARY NOT FOR CONSTRUCTION - CUP APPLICATIONDETAILS & NOTESC4.01.Owner and Contractor shall obtain MPCA-NPDES permit. Contractor shall be responsible for allfees pertaining to this permit. The SWPPP shall be kept onsite at all times.2.Install temporary erosion control measures (inlet protection, silt fence, and rock constructionentrances) prior to beginning any excavation or demolition work at the site.3.Erosion control measures shown on the erosion control plan are the absolute minimum. Thecontractor shall install temporary earth dikes, sediment traps or basins, additional siltation fencing,and/or disk the soil parallel to the contours as deemed necessary to further control erosion. Allchanges shall be recorded in the SWPPP.4.All construction site entrances shall be surfaced with crushed rock across the entire width of theentrance and from the entrance to a point 50' into the construction zone.5.7KHWRHRIWKHVLOWIHQFHVKDOOEHWUHQFKHGLQDPLQLPXPRI´7KHWUHQFKEDFNILOOVKDOOEHcompacted with a vibratory plate compactor.6.All grading operations shall be conducted in a manner to minimize the potential for site erosion.Sediment control practices must be established on all down gradient perimeters before any upgradient land disturbing activities begin.7.All exposed soil areas must be stabilized as soon as possible to limit soil erosion but in no caselater than 14 days after the construction activity in that portion of the site has temporarily orpermanently ceased. Temporary stockpiles without significant silt, clay or organic components(e.g., clean aggregate stockpiles, demolition concrete stockpiles, sand stockpiles) and theconstructed base components of roads, parking lots and similar surfaces are exempt from thisrequirement.8.The normal wetted perimeter of any temporary or permanent drainage ditch or swale that drainswater from any portion of the construction site, or diverts water around the site, must be stabilizedwithin 200 lineal feet from the property edge, or from the point of discharge into any surface water.Stabilization of the last 200 lineal feet must be completed within 24 hours after connecting to asurface water. Stabilization of the remaining portions of any temporary or permanent ditches orswales must be complete within 14 days after connecting to a surface water and construction inthat portion of the ditch has temporarily or permanently ceased.9.Pipe outlets must be provided with energy dissipation within 24 hours of connection to surfacewater.10.All riprap shall be installed with a filter material or soil separation fabric and comply with theMinnesota Department of Transportation Standard Specifications.11.All storm sewers discharging into wetlands or water bodies shall outlet at or below the normal waterlevel of the respective wetland or water body at an elevation where the downstream slope is 1percent or flatter. The normal water level shall be the invert elevation of the outlet of the wetland orwater body.12.All storm sewer catch basins not needed for site drainage during construction shall be covered toprevent runoff from entering the storm sewer system. Catch basins necessary for site drainageduring construction shall be provided with inlet protection.13.In areas where concentrated flows occur (such as swales and areas in front of storm catch basinsand intakes) the erosion control facilities shall be backed by stabilization structure to protect thosefacilities from the concentrated flows.14.Inspect the construction site once every seven days during active construction and within 24 hoursafter a rainfall event greater than 0.5 inches in 24 hours. All inspections shall be recorded in theSWPPP.15.All silt fences must be repaired, replaced, or supplemented when they become nonfunctional or thesediment reaches 1/3 of the height of the fence. These repairs must be made within 24 hours ofdiscovery, or as soon as field conditions allow access. All repairs shall be recorded in the SWPPP.16.If sediment escapes the construction site, off-site accumulations of sediment must be removed in amanner and at a frequency sufficient to minimize off-site impacts.17.All soils tracked onto pavement shall be removed daily.18.All infiltration areas must be inspected to ensure that no sediment from ongoing constructionactivity is reaching the infiltration area and these areas are protected from compaction due toconstruction equipment driving across the infiltration area.19.Temporary soil stockpiles must have silt fence or other effective sediment controls, and cannot beplaced in surface waters, including stormwater conveyances such as curb and gutter systems, orconduits and ditches unless there is a bypass in place for the stormwater.20.Collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric,construction and demolition debris and other wastes must be disposed of properly and must complywith MPCA disposal requirements.21.Oil, gasoline, paint and any hazardous substances must be properly stored, including secondarycontainment, to prevent spills, leaks or other discharge. Restricted access to storage areas mustbe provided to prevent vandalism. Storage and disposal of hazardous waste must be incompliance with MPCA regulations.22.External washing of trucks and other construction vehicles must be limited to a defined area of thesite. Runoff must be contained and waste properly disposed of. No engine degreasing is allowedonsite.23.All liquid and solid wastes generated by concrete washout operations must be contained in aleak-proof containment facility or impermeable liner. A compacted clay liner that does not allowwashout liquids to enter ground water is considered an impermeable liner. The liquid and solidwastes must not contact the ground, and there must not be runoff from the concrete washoutoperations or areas. Liquid and solid wastes must be disposed of properly and in compliance withMPCA regulations. A sign must be installed adjacent to each washout facility to inform concreteequipment operators to utilize the proper facilities.24.Upon completion of the project and stabilization of all graded areas, all temporary erosion controlfacilities (silt fences, hay bales, etc.) shall be removed from the site.25.All permanent sedimentation basins must be restored to their design condition immediatelyfollowing stabilization of the site.26.Contractor shall submit Notice of Termination for MPCA-NPDES permit within 30 days after FinalStabilization.EROSION CONTROL NOTESUTILITY NOTES1.It is the responsibility of the contractor to perform or coordinate all necessary utility connections andrelocations from existing utility locations to the proposed building, as well as to all onsite amenities.These connections include but are not limited to water, sanitary sewer, cable TV, telephone, gas,electric, site lighting, etc.2.All service connections shall be performed in accordance with state and local standardspecifications for construction. Utility connections (sanitary sewer, watermain, and storm sewer)may require a permit from the City.3.The contractor shall verify the elevations at proposed connections to existing utilities prior to anydemolition or excavation.4.The contractor shall notify all appropriate engineering departments and utility companies 72 hoursprior to construction. All necessary precautions shall be made to avoid damage to existing utilities.5.Storm sewer requires testing in accordance with Minnesota plumbing code 4714.1109 wherelocated within 10 feet of waterlines or the building.6.HDPE storm sewer piping shall meet ASTM F2306 and fittings shall meet ASTM D3212 jointpressure test. Installation shall meet ASTM C2321.7.All RCP pipe shown on the plans shall be MN/DOT class 3.8.0DLQWDLQDPLQLPXPRIò RIFRYHURYHUDOOZDWHUOLQHVDQGVDQLWDU\VHZHUOLQHV,QVWDOOZDWHUOLQHV´DERYHVDQLWDU\VHZHUVZKHUHWKHVDQLWDU\VHZHUFURVVHVRYHUWKHZDWHUOLQHLQVWDOOVHZHUSLSLQJRIPDWHULDOVHTXDOWRZDWHUPDLQVWDQGDUGVIRUIHHWRQERWKVLGHVDQGPDLQWDLQ´RIseparation.9.:KHUHò RIFRYHULVQRWSURYLGHGRYHUVDQLWDU\VHZHUDQGZDWHUOLQHVLQVWDOO´ULJLGSRO\VW\UHQHinsulation (MN/DOT 3760) with a thermal resistance of at least 5 and a compressive strength of atOHDVWSVL,QVXODWLRQVKDOOEH ZLGHFHQWHUHGRYHUSLSHZLWK´VDQGFXVKLRQEHWZHHQSLSHDQGLQVXODWLRQ:KHUHGHSWKLVOHVVWKDQ XVH´RILQVXODWLRQ10.All watermain piping shall be class 52 ductile iron pipe unless noted otherwise.11.See Project Specifications for bedding requirements.12.Pressure test and disinfect all new watermains in accordance with state and local requirements.13.Sanitary sewer piping shall be PVC, SDR-35 for depths less than 12', PVC SDR-26 for depthsbetween 12' and 26', and class 52 D.I.P. for depths of 26' or more.14.A structure adjustment shall include removing and salvaging the existing casting assembly,removing existing concrete rings to the precast section. Install new rings and salvaged casting toproposed grades, cleaning casting flange by mechanical means to insure a sound surface andinstall an external chimney seal from casting to precast section. Chimney seals shall be Infi-ShieldUni-Band or an approved equal.VARIABLEMANHOLE FRAME & COVER:NEENAH R-2501, TYPE C GRATE (CB, OPEN GRATE, CIRCLE)NEENAH R-1642, TYPE B LID (STMH, SOLID CLOSED, CIRCLE)1'-4"VARIABLE5" MIN.8" MINIMUM SLAB THICKNESS,6' MINIMUM DIAMETER PRECASTCONCRETE SLAB, REINFORCEDWITH #4 REBAR @ 8" E.W.GROUT BOTTOMPRECAST CONCRETE SECTION8" PRECAST SEGMENTAL CONCRETE BLOCKTO TOP OF THE PIPE SHALL BE USEDWITH SIZE AND DEPTH PROHIBIT THEFABRICATION OF PRECAST UNITS.NOT TO SCALEMANHOLE DETAILCB AND STORM5C4.0SECTION8"PIPEDIA.ALL JOINTS IN MANHOLE TO HAVE'O' RING RUBBER GASKETS.SEAL WITH 2 BEADS OF RAM-NEK.6" PRECAST REINFORCED CONCRETE SLAB.MANHOLE STEPS, COPOLYMER POLYPROPYLENEPLASTIC, WITH 1/2" GRADE 60 STEELREINFORCEMENT OR EQUAL, 16" O.C.MINIMUM OF 2, MAXIMUM OF 5CONCRETE ADJUSTMENT RINGS WITH FULLBED OF MORTAR BETWEEN EACH ANDA 4" COLLAR ON THE OUTSIDE. NO SHIMSOF ANY MATERIAL ALLOWED.PLACE EXTERNAL CHIMNEY SEAL.PLANWATERTIGHT CONNECTION(BOOT, TYPICAL)PRECAST INVERT SHOULD BE 1/2DIAMETER OF PIPE AND BENCHESSLOPED 2" TOWARD INVERT.MANHOLE STEPS SHALL BE PLACEDSO THAT OFFSET HOLE IN TOP SLABIS FACING DOWNSTREAM.NO BLOCK STRUCTURES ARE ALLOWEDPREPARE SOIL IN THE ENTIRE BED8" TO 12"BEFORE PLANTING, ADD 3" TO 4"OF WELL-COMPOSTED LEAVES ANDRECYCLED YARD WASTE TO BEDAND TILL INTO TOP 6" OFPREPARED SOILCONTAINER-GROWN PLANTWITH ROOTS PULLED OUT OF BALL -COMPLETLY REMOVE CONTAINER.BALLED AND BURLAPPED PLANT REFER ALSO TOSPECIFICATIONS FOLD BACK BURLAP AND REMOVE ALLTIES &/OR WIRES FROM TOP OF BALL.FOLD BURLAP FROM TOP OFROOT BALL DOWN INTO GROUND;SET TOP OF BALL SLIGHTLYABOVE FINISH GRADE4" DEEP MULCH (DO NOTPUT MULCH AGAINSTTHE BASE OF THE PLANT)12" TO 18" (FORLARGER SHRUBROOT BALLS,MAKE DEPTHMIN. 4" DEEPERTHAN BALL)SCARIFY ALL FACES AND BOTTOM OFEXCAVATED HOLEPREPARED SOIL FOR SHRUBSNOTES1. FOR CONTAINER-GROWN SHRUBS, USE FINGERS OR SMALLHAND TOOLS TO PULL THE ROOTS OUT OF THE OUTER LAYEROF POTTING SOIL; THEN CUT OR PULL APART ANY ROOTS THATCIRCLE THE PERIMETER OF THE CONTAINER.2. INCORPORATE COMMERCIALLY PREPARED MYCORRHIZASPORES IN THE SOIL IMMEDIATELY AROUND THE ROOT BALLAT RATES SPECIFIED BY THE MANUFACTURER.3. CONFIRM THAT WATER DRAINS OUT OF THE SOIL DURINGTHE PLACEMENT PHASE; ALTER DRAINAGE SYSTEMS ASREQUIRED.4. IF PLANTS ARE TO BE PRUNED, BRANCHES SHALL BEPRUNED AT THE BRANCH BARK RIDGE, NOT FLUSH WITH THEBARK.NOT TO SCALESHRUB PLANTING6C4.0EQUALS TWICE BALLDIAMETER12"MIN.18"MIN.OPTIONAL STAKINGMETHOD - 6' METALPOSTS AND RUBBERHOSE STRAPSHOSE LOOPS3 GUYS EACH OF10 GAUGE TWISTEDWIRE 120 DEGREESAPART AROUND TREECOLOREDFLAGS1 PER WIRETURNBUCKLE4" DEEP MULCH, HOLDBACK 2" FROM STEM.SOD24" STAKE TYP.BACKFILL WITHTOPSOIL ANDPEAT MOSS 3:1 RATIOFOLD BACKBURLAP ANDREMOVE ALLTIES &/ORWIRES FROMTOP OF BALLSCARIFY ALL SIDESAND BOTTOM OFEXCAVATED HOLEPLANTING DETAIL7C4.0WHITE CEDAR 1 CITY OF LINO LAKES RESOLUTION NO. 17-20 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR BALD EAGLE ERECTORS (7309 LAKE DRIVE) WHEREAS, the City received an application for a Conditional Use Permit for open and outdoor storage at 7309 Lake Drive and hereafter referred to as “Development”; and WHEREAS, the property is zoned LI, Light Industrial and allows for open and outdoor storage with a conditional use permit; and WHEREAS, the legal description of the subject property is: Property Identification No. 17-31-22-33-0003 PRT OF LOTS 1 & 2 & ALL OF LOT 3 AUDITORS SUBDIVISION NO 54 DESC AS FOL: LYG S OF N 300 FT OF LOTS 1 & 2 & LYG NWLY OF WLY R/W LINE OF CSAH NO 23 & LYG SWLY OF FOL DESC LINE: COM AT PT OF INTER OFS LINE OF SD N 300 FT WITH SD WLY R/W LINE, TH SWLY ALG SD WLY R/W LINE 127.34 FT TO POB OF SD LINE, TH NWLY AT RT ANG 272.63 FT TO INTER/W S LINE OF SD N 300 FT & SD LINE THERE TERM; and WHEREAS, City staff has completed a review of the proposed “Development” based on revised plans submitted by Larson Engineering, Inc. dated 01/30/17; and WHEREAS, a public hearing was held before the Planning & Zoning Board on February 08, 2017, and the Board recommended approval of the conditional use permit. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: a. Land Use Plan. b. Transportation Plan. c. Utility (Sewer and Water) Plans. d. Local Water Management Plan. e. Capital Improvement Plan. 2 f. Policy Plan. g. Natural Environment Plan. The open and outdoor storage is consistent with the Land Use, Utility, Local Water Management, Capital Improvement, Policy and Natural Environmental Plans and recommendations of the comprehensive plan as detailed in this staff report. 2. The proposed development application is compatible with present and future land uses of the area. The proposed open and outdoor storage is compatible with present and future land uses with condition being met in this resolution. The property to the north and west are zoned PSP, Public and Semi-Public, and are guided for civic/institutional. Other properties to the north are also zoned LI, Light Industrial and are guided for industrial use. Properties to the east are zoned, R-1, Single Family and are guided for low density residential. Properties to the south are zoned NB, neighborhood businesses and are guided for civic/institutional use. The current land use to the north is industrial, and Centennial School District has a parcel used as a recreational field. Properties to the west and south are owned and used by Centennial School District. The properties to the east across CSAH 23/Lake Drive are single family homes. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. A Site Plan Review has been completed and the proposed open and outdoor storage will meet zoning performance standards upon completion of the conditions listed in this resolution. 4. Traffic generated by a proposed development application is within the capabilities of the City when: a. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. b. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C. c. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D. d. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. 3 e. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. g. The LOS requirements in paragraphs a. to d. above do not apply to the I- 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties, that contribute to traffic at the interchange. h. The City does not relinquish any rights of local determination. CSAH 23/Lake Drive is classified as an “A Minor Reliever.” The site is accessed via an existing driveway off of CSAH 23 and there will be no changes to this driveway. The project will not generate any new source of excessive traffic. 5. The proposed development shall be served with adequate and safe water supply. The site is currently served by municipal water. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The site is currently served by municipal sanitary sewer. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. No City funds are being expended on this project. 8. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. 4 The proposed open and outdoor storage is an allowed use within the LI, Light Industrial Districts with an approved conditional use permit. The open and outdoor storage operations of business can only be conducted from Monday to Friday 7 am to 7 pm and Saturdays 9 am to 5 pm. No Sunday operations. The project will not generate excessive traffic, noise, smoke, fumes, glare or odors. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. There are no natural, scenic or historic features on the existing site. BE IT FURTHER RESOLVED by The City Council of Lino Lakes in addition to the administrative requirements of a conditional use permit, the following specific performance standards of Section 1007.120 (9)(e) are also being met: 1. The designated storage area shall comply with all building setback requirements for the district. Outside storage is prohibited between the principal structure and any public right-of-way. Vacated 4th Avenue shall not be treated as a street, but as a rear yard. 4th Avenue still exists as an access ingress/egress for Centennial Middle School and Blue Heron Elementary School, and as a public utility corridor. Fifteen (15) feet shall be provided as measured from the former property/street right of way and 10 feet from the side yard. 2. The storage area is landscaped and screened from view of adjacent uses and public rights-of-way via a fence and greenbelt planting strip, in accordance with §1007.043 (17) (f) of this Ordinance. The property must become compliant per section 1007.043 (17) (f). Currently there is a 6’ chain link fence around the south, west, and north boundaries of the property. An 8’ wood fence exists along the east section of the property, abutting Lake Drive, which provides screening for the single family homes located to the east. The existing fence abutting Lake Drive has landscaping. The 8’ fence is in compliance with the current ordinance. The 6’ fence is not in compliance with the current ordinance and shall be brought into compliance. 3. The entire storage area is fenced and secured in an appropriate manner. The site is currently fenced and secured. However staff recommends that the perimeter of the storage area be delineated by fence, curbing or other barrier. 4. The storage area is blacktopped or concrete surfaced, unless an alternative wear- resistant material is determined by the City Engineer to be suitable to control dust and drainage and is specifically approved by the City Council. The open and outdoor storage area will be blacktopped with 5” bituminous pavement placed in 2 lifts, with 8”base aggregate on top of existing subgrade soil. New concrete 5 apron will be located along the west side of the existing building and wrap half way around the south of the building. The concrete will 6”Portland cement concrete with a 6” base aggregate on top of existing subgrade soil. 5. The storage area does not take up parking space or loading space as required for conformity to this Ordinance and is not located in the front yard. The storage area is located in the south-west portion of the property. The parking lot is located between Lake Drive and the existing building, where storage is not permitted. The storage area will not have any negative impacts on the existing parking space. 6. The property shall not abut I-35W or I-35E. The property does not abut I-35W or I-35E. 7. The ratio of storage area to building footprint shall not exceed 2.5:1. The site is located on 5.45 acres. The existing building footprint is 27,306 SF x 2.5= 68,256 SF of maximum outside storage. The proposed plan designates 65,021 SF of outside storage which falls into the allowed area. 8. All parking, loading and truck staging activities shall occur on site. On-street parking and loading associated with the use is prohibited. All parking and loading occurs on site. No off street activities are proposed. 9. Storage shall not include material considered hazardous under Federal or State Environmental Law. Mobile Mini is a company that ships outside storage bins and stores them outside as they are transported in and out of the property. The storage bins are empty and not used to store hazardous materials. Bald Eagle Erectors will be storing job trailers, oxygen and acetylene cages, steel racks, utility trailers and wood bundles on site. All items stored on site must be stored on designed storage area. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit for open and outdoor storage for Bald Eagle Erectors (7309 Lake Drive) subject to the following conditions: 1. All comments from the City Engineer letter dated February 02, 2017 shall be addressed. 2. All comments from the Environmental Coordinator letter dated February 03, 2017 shall be addressed. 3. A Rice Creek Watershed District permit is required. 4. A Declaration for Maintenance of Stormwater Facilities in favor of the Rice Creek Watershed District, a body with powers pursuant to Minnesota Chapters 6 103B and 103D (“RCWD”) and the City of Lino Lakes, a political subdivision of the State of Minnesota is required. 5. Rear yard setback shall meet 15 feet as measured from vacated 4th Avenue right of way. 6. The storage of all exterior materials and/or equipment on site by tenant or owner must be within the 65,021 s.f. delineated storage area as shown on Plan Sheet C2.0, Paving and Landscape Plan. 7. The parking of all motor vehicles exceeding a gross weight rating of 11,075 pounds by tenant or owner must be within the 65,021 s.f. delineated storage area as shown on Plan Sheet C2.0, Paving and Landscape Plan. 8. The perimeter of the exterior storage area shall be delineated by fence, curbing or other barrier. 9. The open area south of the building shall not be used for the storage of exterior materials and/or equipment or vehicle parking of any kind. 10. The bituminous paved area and concrete pad west and southwest of the building shall not be used for the storage of exterior material and/or equipment or the parking of motor vehicles exceeding a gross weight rating of 11,075 pounds. a. Fleet or company vehicles not exceeding a gross weight rating of 11,075 pounds and related to an on-site business may be parked in this area. 11. The maximum height of any exterior storage materials, equipment or motor vehicles shall be limited to seventeen (17) feet. 12. Hours of operation for the open and outdoor storage yard shall be Monday to Friday 7 a.m. to 7 p.m. and Saturday 9 a.m. to 5 p.m. No Sunday operations are allowed. 13. Boundary/Topographic Survey: a. Survey shall include lot area measurements in acres and sq. ft. 14. Sheet C2.0, Paving and Landscape Plan: a. Impervious surface area calculations should not include portion of vacated 4th Avenue. b. Existing impervious surface area calculations shall include all of the gravel, compacted areas. c. Distance between south and west lot line and edge of storage area shall be shown. d. Storage area to building ratio shall be shown. e. The perimeter of the storage area shall be delineated by fence, curbing or other barrier. f. The open area south of the building area shall be planted with sod, seed or native grasses in accordance with Section 1007.043 (17)(h) and (i). g. Details of proposed 8 foot perimeter fence and landscaping shall be provided that comply with Section 1007.043 (17) (f) of the zoning ordinance. 7 Adopted by the Council of the City of Lino Lakes this 13th day of March, 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 OF LINO LAKES RESOLUTION NO. 17-21 RESOLUTION APPROVING A SITE IMPROVEMENT PERFORMANCE AGREEMENT WITH BALD EAGLE ERECTORS (7309 LAKE DRIVE) WHEREAS, the City has completed the review of the site and building plan for open and outdoor storage located at 7309 Lake Drive; and WHEREAS, the parcel is legally described as: PRT OF LOTS 1 & 2 & ALL OF LOT 3 AUDITORS SUBDIVISION NO 54 DESC AS FOL: LYG S OF N 300 FT OF LOTS 1 & 2 & LYG NWLY OF WLY R/W LINE OF CSAH NO 23 & LYG SWLY OF FOL DESC LINE: COM AT PT OF INTER OFS LINE OF SD N 300 FT WITH SD WLY R/W LINE, TH SWLY ALG SD WLY R/W LINE 127.34 FT TO POB OF SD LINE, TH NWLY AT RT ANG 272.63 FT TO INTER/W S LINE OF SD N 300 FT & SD LINE THERE TERM; and WHEREAS, Section 1007.020(5)(d) of the Lino Lakes Zoning Ordinance requires the execution of a site performance agreement prior to issuance of a building permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Site Improvement Performance Agreement between the City of Lino Lakes and Bald Eagle Erectors is hereby approved and the Mayor and City Clerk are authorized to execute such agreements on behalf of the City. Adopted by the Council of the City of Lino Lakes this 13th day of March, 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 Bald Eagle Erectors Site Performance Agreement page 1 of 8 CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this _______ day of _______________, 2017, is by and between the City of Lino Lakes, a municipal corporation organized under the laws of the State of Minnesota, and DL Bice, LLC (Developer). WHEREAS, the Developer has received approval of Site Development Plans, hereinafter called the "Plans", by the City of Lino Lakes on the 8th day of February, 2017, and in accordance with the Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property") described as follows: PRT OF LOTS 1 & 2 & ALL OF LOT 3 AUDITORS SUBDIVISION NO 54 DESC AS FOL: LYG S OF N 300 FT OF LOTS 1 & 2 & LYG NWLY OF WLY R/W LINE OF CSAH NO 23 & LYG SWLY OF FOL DESC LINE: COM AT PT OF INTER OFS LIN E OF SD N 300 FT WITH SD WLY R/W LINE, TH SWLY ALG SD WLY R/W LINE 127.34 FT TO POB OF SD LINE, TH NWLY AT RT ANG 272.63 FT TO INTER/W S LINE OF SD N 300 FT & SD LINE THERE TERM NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: I. DESIGNATION OF IMPROVEMENTS. A. Improvements on the project site to be installed at the Developer’s expense by the Developer as hereinafter provided are hereinafter referred to as “On-site Work”. B. Improvements off the project site to be installed at the Developer’s expense, if any, by the Developer as hereinafter provided are hereinafter referred to as “Off-Site Work”. C. Developer shall enter into a Declaration for Maintenance of Stormwater Facilities. II. ON-SITE WORK. A. On-Site Work. The On-site Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The Work includes all on-site exterior amenities as shown on the approved Plans and as required by the plan Bald Eagle Erectors Site Performance Agreement page 2 of 8 approval, such as, but not limited to: landscaping, private driveways, parking areas, sanitary sewer extension, water system extension, storm drainage systems, curbing, lighting, fencing, fire lanes, sidewalks, exterior building architectural design and building elements, site grading and erosion control measures. Such improvements shall be completed in accordance with Section IV herein. B. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the On-Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The description and estimated cost of Developer's On-site Work are as follows: Description of Improvements Estimated Costs 1. Grading & Utility Improvements $120,000 2. Bituminous Paving $200,000 3. Concrete Paving $30,000 4. Fence $25,000 5. Erosion Control $50,000 6. Landscaping $60,000 Total Estimated Cost of Developer Improvements $485,000 Security Requirement (Total * 35%) $169,750 III. RECORD DRAWINGS A record drawing that includes an as-built survey of grading, storm water BMP’s (ponds, rain gardens, trenches, swales, etc.) is to be submitted to the City for verification of compliance with the approved plans. A hard copy and an electronic copy of the record drawing must be submitted. IV. COMPLETION DATE. If the activities authorized by site and building plan approval are not initiated within twelve (12) months from the final execution of this agreement, then Developer will need to start the site and building plan approval process from the beginning. Bald Eagle Erectors Site Performance Agreement page 3 of 8 V. GUARANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty- five (35%) percent of the total estimated cost of Developer's On-site Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract, construction of all required improvements in accordance with the ordinances and specifications of the City and guarantees the workmanship and materials for the landscape improvements for a period of one year following the City’s acceptance of the landscape improvements. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract, if Developer has been found to be in default of this agreement and only after providing Developer with written notice and opportunity to cure any default. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless sixty (60) days prior to such the City Clerk or Administrator is notified in writing by certified mail or overnight mail that the Letter of Credit will not be renewed. B. Upon written request, The City will grant a reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The Developer may make such requests three times throughout the life of this agreement, with the third and/or final request being at the completion of the project. The City will respond to such request within 30 days time. Prior to the final acceptance of the Developer’s Improvements the City shall require a Letter of Credit or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be agreed to by the City Engineer and Developer and Developer may use the Letter of Credit discussed in Section V.A above. VI. REIMBURSEMENT OF COSTS. A. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the On-site Work, including, but not limited to, the following: Bald Eagle Erectors Site Performance Agreement page 4 of 8 1. Site Plan Review Fee $1,500 2. Administration (Legal, Engineering, Planning, and Contract administration) $3,500 3. Sanitary Sewer Trunk Unit Fee (0 units @ $3,073 per unit) $0 4. Water Trunk Unit Fee (0 units @ $4,069 per unit) $0 5. Surface Water Management Fee 1, 2, and 6 ($0.125*0 SF) $0 Total Estimated (Budget) Costs for Escrow Account $5,000 B. If it appears that the actual costs incurred will exceed the estimate or that the actual costs incurred will be less than the estimate, then Developer and City shall review the costs required to complete the project. In such case, if the actual costs exceed the estimate, then Developer shall promptly pay the additional sums to the City to pay for the agreed upon increase. However, in such case where the actual costs are less than the estimate, the City shall promptly reimburse to Developer any amounts overpaid by the Developer. The Developer may request a statement of the account each month for review. C. Intentionally Deleted. VII. REMEDIES FOR BREACH A. The City shall give prior written notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within twenty (20) days after receipt of such written notice to it, the Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured, the City will proceed with the remedy it deems reasonably appropriate. B. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses reasonably incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may in writing direct the surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time reasonably acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. Bald Eagle Erectors Site Performance Agreement page 5 of 8 2. Completion by the City. The City, after written notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work; provided that all such work is performed in a reasonable manner, the costs are reasonable and the work is completed in a good and workman-like manner and in accordance with the approved plans and specifications. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal to the reasonably estimated cost of completing the Work, plus the City's reasonably estimated expenses as defined herein, including any other reasonable costs, expenses, and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any reasonable costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be promptly returned to the Developer. VIII. OCCUPATION OF PREMISES The Developer agrees that it will not cause to be occupied any portion of the building or improvements to be constructed upon the premises until completion of the building and site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. IX. INSURANCE Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor’s work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no/100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the Bald Eagle Erectors Site Performance Agreement page 6 of 8 policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT FOR LITIGATION EXPENSES The City and Developer agree that the prevailing party in any litigation pertaining to the enforcement of this Agreement shall be entitled to reimbursement from the non-prevailing party for all reasonable costs incurred by said prevailing party including court costs and reasonable engineering and attorneys' fees. XI. VALIDITY If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. XII. GENERAL A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. D. Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or (i) mailed by United States mail by certified mail (return receipt requested)or (ii) sent by nationally recognized overnight carrier to the addresses hereinbefore set forth on Page 1 . Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail or the overnight carrier in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notices given as above. E. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. Bald Eagle Erectors Site Performance Agreement page 7 of 8 F. Hours of Construction Activity. Construction activity shall be limited to the hours set out as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed XIII. VIOLATIONS/BUILDING PERMITS In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer, the City, at its option, and after providing written notice and opportunity to cure to Developer in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and/or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. DEVELOPER CITY OF LINO LAKES _________________________ By _________________________ Developer Mayor ATTEST: By _________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 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 ) Bald Eagle Erectors Site Performance Agreement page 8 of 8 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 STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _______ day of _______________, 2017, before me, a Notary Public within and for said County, personally appeared (Developer), who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Marty Asleson, Environmental Coordinator MEETING DATE: March 13, 2017 TOPIC: Consideration of Resolution No. 17-22, Accepting 2017 Anoka County Recycling and Recycling Enhancement Grants VOTE REQUIRED: 3/5 INTRODUCTION The City of Lino Lakes receives Select Committee for Recycling and the Environment (SCORE) funds each year from Anoka County. The SCORE funds are used to fund solid waste recycling programs. Cities using SCORE funds allocated from Anoka County are required to enter into a cooperative agreement with the County. This year Anoka County is again offering Enhancement Grants as additional funding available to the City of Lino Lakes. BACKGROUND The City of Lino Lakes receives grant money (SCORE) each year from the county to implement a residential recycle program. The basic SCORE Grant includes a fixed base of $10,000 for each municipality and an additional $5.00 per household, totaling $42,060. In addition, targeted program funds are available for specific program areas and funds may be for problem areas and yard waste/organics. Enhancement funds are available to the City of Lino Lakes this year for the following program areas: Monthly Drop-off events - $15,000 Park and event recycling - $3,000 Curbside and multi-unit recycling - $6,000 Enhancement Grant - $3,206 Organics - $6,412 With this, the City has available for 2017: Base + Enhancement Funds = $75,678. RECOMMENDATION Approve Resolution No. 17-22 Approving Anoka County Contract No. C0005398, Agreement for Residential Recycling Program. ATTACHMENTS 1. Resolution No. 17-22 2. Anoka County Contract C00005398 CITY OF LINO LAKES RESOLUTION NO. 17-22 ACCEPTING 2017 ANOKA COUNTY RECYCLING GRANTS WHEREAS, The City of Lino Lakes has entered into an agreement with Anoka County over the years to cooperatively work on Solid Waste abatement and Recycling; and WHEREAS, Anoka County receives funding from the Solid Waste Management Coordinating Board and the State of Minnesota in the form of “SCORE” funds; and WHEREAS, The County wishes to assist municipalities in meeting recycling goals established by the Anoka County Board of Commissioners by providing SCORE funds to Cities in the County for solid waste recycling programs; and WHEREAS, The City of Lino Lakes is eligible to receive $10,000 base allocation and $5.00 per household totaling $41,910.00; and WHEREAS, The City of Lino Lakes is eligible for additional enhancement, Monthly Drop- Off, Park Recycling and Community Event recycling totaling $39,764; WHEREAS, Anoka County Agreement No. C0005398, provides for the cooperative effort between Anoka County and the City of Lino Lakes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes That the Mayor and City Clerk are hereby authorized to execute Anoka County Agreement No. C0005398, Agreement for Residential Recycling Program on behalf of the city. Adopted by the Council of the City of Lino Lakes this 13th day of March, 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