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Home My WebLink About04-24-2017 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, April 24, 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. Charter Commission Request for Annual Budget Increase 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 approved as presented 1. CONSENT AGENDA A) Consideration of Expenditures: i) April 24, 2017 (Check No. 105706 through 105795) amt of $319,341.8 B) Consider approval of April 3, 2017 Work Session Minutes Council Member Kusterman absent C) Consider approval of April 10, 2017 Council Meeting Minutes D) Consider Peddler/Solicitor License for Edward Jones Financial E) Consider Resolution No. 17-32, Extension of Time for the Submittal of the PUD Final Plan/Final Plat for Mattamy Homes (Watermark) Action Taken: Motion by Rafferty, seconded by Kusterman, to approve the Consent Agenda, Items 1A through 1E as presented, was adopted; Council Member Kusterman abstained from voting on Item 1B 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Charter Commission’s Request for Annual Budget Increase, Jeff Karlson Action Taken: Motion by Kusterman, seconded by Rafferty, to deny the request for an annual appropriation increase, was adopted Council Agenda -2- April 24, 2017 EXPANDED AGENDA 4. PUBLIC SAFETY DEPARTMENT REPORT No report 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Consider Resolution No. 17-33 Approving Site Improvement Performance Agreement for American Legion Parking Lot Expansion, Katie Larsen Action Taken: Motion by Manthey, seconded by Kusterman, to approve Resolution No. 17-33 as presented, was adopted B) North Pointe 5th Addition, Katie Larsen i) PUBLIC HEARING: Consider 1st Reading of Ordinance No. 04- 17, Vacating Drainage & Utility Easements, Outlot A, NorthPointe 3rd Addition & Outlot C, NorthPointe 4th Addition Action Taken: Motion by Kusterman, seconded by Manthey, to approve the 1st Reading of Ordinance No. 04-17 as presented, was adopted ii) Consider Resolution No. 17-34 Approving PUD Final Plan/Final Plat Action Taken: Motion by Kusterman, seconded by Manthey, to approve Resolution No. 17-34 as presented, was adopted iii) Consider Resolution No. 17-35 Approving Development Agreement Action Taken: Motion by Kusterman, seconded by Manthey, to approve Resolution No. 17-35 as amended, was adopted iv) Consider Resolution No. 17-36 Approving Public Improvement Surety Agreement Action Taken: Motion by Kusterman, seconded by Rafferty, to approve Resolution No. 17-36 as amended, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Motion by Rafferty, seconded by Manthey, to adjourn at 7:00 p.m., was adopted Council Agenda -3- April 24, 2017 EXPANDED AGENDA Community Calendar – A Look Ahead April 24, 2017 through May 8, 2017 Wednesday, April 26 6:30 pm, Council Chambers Environmental Board Monday, May 1 6:00 pm, Community Room Council Work Session Thursday, May 4 8:00 am, Community Room EDAC Monday, May 8 6:00 pm, Council Chambers Board of Appeal Monday, May 8 6:30 pm, Council Chambers City Council Meeting CITY COUNCIL AGENDA Monday, April 24, 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. Charter Commission Request for Annual Budget Increase 2. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call  Pledge of Allegiance  Open Mike / Public Comment  Setting the Agenda: Addition or deletion of agenda items 1. CONSENT AGENDA A) Consideration of Expenditures: i) April 24, 2017 (Check No. 105706 through 105795) in the amount of $319,341.86. B) Consider approval of April 3, 2017 Work Session Minutes Council Member Kusterman absent C) Consider approval of April 10, 2017 Council Meeting Minutes D) Consider Peddler/Solicitor License for Edward Jones Financial E) Consider Resolution No. 17-32, Extension of Time for the Submittal of the PUD Final Plan/Final Plat for Mattamy Homes (Watermark) 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Charter Commission’s Request for Annual Budget Increase, Jeff Karlson 4. PUBLIC SAFETY DEPARTMENT REPORT No report 5. PUBLIC SERVICES DEPARTMENT REPORT No report Council Agenda -2- April 24, 2017 6. COMMUNITY DEVELOPMENT REPORT A) Consider Resolution No. 17-33 Approving Site Improvement Performance Agreement for American Legion Parking Lot Expansion, Katie Larsen B) North Pointe 5th Addition, Katie Larsen i) PUBLIC HEARING: Consider 1st Reading of Ordinance No. 04- 17, Vacating Drainage & Utility Easements, Outlot A, NorthPointe 3rd Addition & Outlot C, NorthPointe 4th Addition ii) Consider Resolution No. 17-34 Approving PUD Final Plan/Final Plat iii) Consider Resolution No. 17-35 Approving Development Agreement iv) Consider Resolution No. 17-36 Approving Public Improvement Surety Agreement 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar – A Look Ahead April 24, 2017 through May 8, 2017 Wednesday, April 26 6:30 pm, Council Chambers Environmental Board Monday, May 1 6:00 pm, Community Room Council Work Session Thursday, May 4 8:00 am, Community Room EDAC Monday, May 8 6:00 pm, Council Chambers Board of Appeal Monday, May 8 6:30 pm, Council Chambers City Council Meeting WS – Item 1 WORK SESSION STAFF REPORT Work Session Item No. 1 Date: April 24, 2017 To: City Council From: Jeff Karlson Re: Charter Commission Request for Additional Funding Background The Charter Commission recently submitted a request for an additional $4,000 in its 2017 operating budget. The Council discussed this request at the April 3rd work session and directed staff to contact Commission Chair Caroline for more specific information about what the additional funds was for and what the attorney’s fees were. Ms. Dahl responded via email to clarify that the Commission is seeking a “permanent” budget increase, which would increase its annual budget for attorney fees to $5,500. Requested Council Direction Consider Charter Commission’s request. Attachments Letter from Lino Lakes Charter Commission, dated April 17, 2017 Memo from Jeff Karlson, dated April 3, 2017 Initial budget request from Charter Commission, dated March 9, 2017 WS – Item 5 WORK SESSION STAFF REPORT Work Session Item No. 5 Date: April 3, 2017 To: City Council From: Jeff Karlson Re: Charter Commission Request for Additional Funding Background The Charter Commission recently submitted a request for an additional $4,000 in its 2017 operating budget. The Council has received many requests from the Commission in past years. The Council amended the Commission’s budget in 2007 and 2014 for Council-initiated Charter amendments. The Charter Commission’s current budget is $1,500, which is established in state law for charter cities that are not first class. Minnesota Statute 410.06 states the following: The amount of reasonable and necessary charter commission expenses that shall be so paid by the city shall not exceed in any one year the sum of $10,000 for a first class city and $1,500 for any other city; but the council may authorize such additional charter commission expenses as it deems necessary. Commission Chair Caroline Dahl points out in her letter that the Commission’s current budget is substantially less than what it was in the 1990’s. Staff researched previous budget years going back to 1995 and found the City had budgeted as much as $6,710, but none of those funds were directed by the Charter Commission. The Charter Commission’s budget for legal services has been $1,500 since 2007. Since 2007 the Council has approved three budget amendments. The first amendment was in 2007 for $5,250, due to a study conducted in 2007 by the Citizen’s Task Force, which proposed amendments to Section 8. The second budget amendment occurred in 2013 when the Council agreed to provide $1,000 for TimeSaver, Inc. to take minutes at Charter Commission meetings. The Council budgeted for this expense starting in 2015. The third amendment included additional funding of $1,325 in 2014 for two Council-initiated amendments to Section 8. Requested Council Direction Consider Charter Commission’s request. Attachments Letter from Lino Lakes Charter Commission CITY COUNCIL WORK SESSION April 3, 2017 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : April 3, 2017 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 8:35 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, 7 Maher, Manthey and Mayor Reinert 8 MEMBERS ABSENT : Council Member Kusterman 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; City Planner Katie Larsen; City 13 Engineer Diane Hankee; City Clerk Julie Bartell. 14 1. Review Proposed 2017 Blue Heron Days Events Schedule – Director 15 DeGardner introduced Recreation Supervisors Brian Hronski and Ali Luken to review 16 plans for this year’s city festival, Blue Heron Days. (See PowerPoint Presentation for 17 outline of Friday, Saturday and Sunday activities) 18 19 The council asked that the event be presented on the city’s cable channel as well as the 20 planned advertisements. 21 2. Review Completed Public Works Site Analysis and Space Needs Study, Rick 22 DeGardner 23 3. LED Retrofit Proposal - Legacy at Woods Edge Street Lights, Civic Complex 24 Parking Lot Lights, and Civic Complex Exterior Building Lights - Director 25 DeGardener introduced the proposed contractor for the project, Jeff Rutz of Meridian 26 Energy Products (who completed a lighting upgrade project recently at the city hall 27 complex). Mr. DeGardner noted that staff is recommending a project to retrofit exterior 28 lighting with a goal to reduce energy costs. He noted the proposed project cost and a 29 payback period of approximately four years. Mr. DeGardner explained how the 30 opportunity has come forward to have an exterior project. 31 32 Council Member Rafferty recalled that he had previously brought forward the idea of 33 upgrading this lighting and at that time the concept was based on a ten year payback; this 34 is better. Also he’s curious about how the change actually occurs – would this involve 35 new fixtures? 36 37 Mr. Rutz explained that with the custom lights present in the project area, there was 38 previously only one vendor who could retrofit the lights. Now there is more opportunity, 39 creating more ease and less cost through a retrofit (no fixture replacement). 40 41 Council Member Maher asked about the warranty and Mr. Rutz said it would be 100,000 42 hours. She noted that there shouldn’t then be any difference in longevity or warrantee 43 CITY COUNCIL WORK SESSION April 3, 2017 DRAFT 2 with the different bulb. Mr. Rutz added that the product would be industry standard. 44 45 Council Member Rafferty complimented Director DeGardner on bringing the 46 improvement forward. 47 4. Public Safety Department Police Division Vehicle Replacement Policy - 48 Public Safety Director Swenson reviewed the history of council consideration and 49 changes to this proposed policy. At one point the council received a presentation on 50 vehicle leasing. 51 52 Mayor Reinert recalled that the equipment replacement plan is a budget item and 53 therefore was moved to that process. That is now out of this policy. 54 55 Director Swenson explained that the draft policy calls for replaement at five years or 56 90,000 miles. (Mayor Reinert said he thought the figure was 100,000 miles.) Director 57 Swenson reviewed the policy, indicating that the council has the final consideration of 58 retiring a vehicle. The council discussed how to achieve replacement at “a minimum of 59 100,000 or five years”. 60 61 Council Member Rafferty remarked that a typical user of a vehicle (not in a fleet) may 62 take it to 200,000 and he thinks the police vehicles are actually built better. It doesn’t 63 seem unlikely that a police vehicle could reach 150,000. He thinks the policy can be 64 tweaked and improved still. 65 66 Mayor Reinert asked what would happen if you reached 100,000 at three years? 67 68 Council Member Rafferty suggested that the council should perhaps be making the 69 replacement decision. He noted that the department here isn’t getting those kind of 70 numbers at any rate. 71 72 Council Member Maher suggested it isn’t unreasonable to expect 100,000 miles on a 73 vehicle but there could be units where it doesn’t make sense to bring them that far. 74 75 The mayor added the suggested language “with a goal of having vehicles last five years”. 76 77 Council Member Manthey recalled that the Enterprise professionals who gave a leasing 78 presentation to the council had suggested that they wouldn’t run cars too long because the 79 value decreases. Council Member Rafferty explained that his research indicates that the 80 value is not an issue – it’s very low after fleet use and doesn’t change very much between 81 60,000 and 100,000. 82 83 Director Swenson referenced in sections 5 and 6 in the policy. To clarify, he hears the 84 council requesting the language “at least five years and a minimum of 100,000 miles”. 85 He added that he would anticipate bringing the question of replacement to the council the 86 year previous to the year replacement cars are actually budgeted and purchased. 87 CITY COUNCIL WORK SESSION April 3, 2017 DRAFT 3 88 Council Member Rafferty reviewed language in the policy regarding purchase 89 authorization (through the administrator). He heard that the concept is that it hasn’t been 90 used in the past but it could have been; Administrator Karlson explained that staff is 91 planning to increase the amount of information available to the council for the budget for 92 each vehicle (a higher level of detail). 93 94 Council Member Rafferty noted procedures – some of those seem to be repetitive as far 95 as what’s already been stated. Overall, he feels the policy here should indicate in some 96 way that this will be respectful of use of the taxpayers funds and, to be clear, it is all 97 vehicles, not just the police fleet. He recommends striking the langusge “based on 98 commonly used standards of police vehicles”. Karlson suggested also striking “A” from 99 that section. 100 101 Public Safety Director Swenson indicated that he would be adding consideration of 102 approving the policy to the next regular council agenda. 103 104 4a. Discussion Regarding Number of Vehicles - Council Member Rafferty 105 explained that he’s looked at like size cities, and he distributed and reviewed information 106 on his findings. The figures indicated in his research document are police vehicles (not 107 exclusively patrol cars). Council Member Rafferty suggested that the numbers indicate 108 that the City’s ratio is high. He wonders if the City really has the right number of 109 vehicles. That may be why we don’t get to 100,000 miles, because we have a high ratio 110 of cars to personnel. Council Member Manthey suggested that he’d like to see the 111 information broken down further – how many squad cars. 112 5. Charter Commission Request for Additional Funding - Administrator Karlson 113 noted the written staff report and request for additional funding. He understands that the 114 commission is fairly close to having their amendment ready for submission, having 115 received the comments of the city attorney. 116 117 Mayor Reinert remarked that funding isn’t generally granted by this council without any 118 quotes for a defined service. That would be the same treatment for any group or staff. 119 It’s a matter of the council understanding what is being requested and the cost. 120 121 Council Member Maher remarked that the Commission has worked on a small annual 122 budget which equates to about three hours of attorney time – not much in the scope of 123 that type of work. She expects that the Commission is getting an amendment together so 124 they may have timing to consider but she’d also like to see a quote. 125 126 Council Member Manthey suggested that he believes the Commission wants its autonomy 127 and he respects that. He’s not sure where he falls on increasing the budget. 128 129 Council Member Maher said she understands that legal fees can be very expensive and if 130 it’s a year when the Commission wants to send forward an amendment, a request for 131 CITY COUNCIL WORK SESSION April 3, 2017 DRAFT 4 additional funding is understandable; she would like the additional information though. 132 133 The council concurred that the Commission should come forward with a specific quote in 134 order for the council to consider additional funding. 135 6. 2017 Street Overlay, Under-Seal Process – City Engineer Hankee noted that the 136 City has received bids for this project and they came in favorable to the project estimate. 137 There is additional information included in the staff report on the under-seal process. 138 Since accepting the bid results is an action included for the April 10th council meeting, 139 she suggests looking at the under seal element. She explained that the process is being 140 used by some northern communities – it is an application of a chip seal under the 141 pavement to reduce water and reduce reflective cracking. There is more information in 142 the staff report indicating MnDOT’s favorable experience with the process. She suggests 143 that it would be a good test case to utilize the process within this overlay project. Ms. 144 Hankee noted that the option to include this recommended process will be part of what 145 comes forward to the council at the next meeting. 146 147 Engineer Hankee also reviewed the recommendation to accept the low bid of North 148 Valley for the 2017 Overlay Project. With the favorable bids, the alternate should also be 149 possible. 150 7. Comprehensive Plan - Community Development Director Grochala noted that 151 the comp plan information provided informs the council on the requirement for a plan 152 update, the history (the City started this process in 1974), the Metropolitan Council role, 153 conformance requirements, the elements included in the plan, and the intent of staging 154 (how the city will grow, when where and why). Staff utilizes the city’s comp plan often. 155 He noted that the staff report contains City Planner Larsen’s report of the previous year 156 that includes more detailed information on what will be included in the update. The 157 internal team is working on the process already. The council can expect to see a joint 158 meeting with the advisory boards in May. 159 8. Council Updates on Boards/Commissions - Council Member Maher remarked 160 that there have been no meetings (they’ve been cancelled) but she’s received a discovery 161 request related to North Metro TV. 162 9. Monthly Progress Report - Administrator Karlson reviewed the written report 163 and specifically updated the council on the scanning project and the council chambers 164 upgrade project. 165 10. Compensatory Time for Exempt Employees – Council Member Rafferty 166 recalled a previous discussion with the Administrator where this system came up and he 167 has called for additional review. What he didn’t understand with the information 168 provided is how the union contract impacts this situation. Also he wonders about the 169 individuals who are included but don’t regularly attend meetings. 170 CITY COUNCIL WORK SESSION April 3, 2017 DRAFT 5 171 Administrator Karlson reviewed the history of the benefit (included in a handout). 172 Historically the benefit was granted through mediation. Non-union employees also 173 received the benefit to be fair. 174 175 Council Member Rafferty remarked that, putting aside the union employees, he doesn’t 176 see it’s appropriate to grant this to directors. That level of employee is getting paid at a 177 higher salary and it’s tied to getting their job done. 178 179 Administrator Karlson suggested that he fears that type of change would send a message 180 of unfairness to some employees. 181 182 Council Member Manthey suggested that the matter be discussed as policy and not 183 opinion. Without the factual information, it’s hard for him to consider the subject matter. 184 185 Mayor Reinert noted that he seconded having the discussion on the agenda. He doesn’t 186 feel that having a discussion when there are questions is a bad idea. He wanted more 187 information because he didn’t recall hearing of this practice for the employees. 188 189 Council Member Maher suggested it isn’t an unusual practice. 190 191 The council concurred that the matter should be discussed, and questioned openly, but 192 with the information they need to properly review it. Administrator Karlson asked what 193 additional information the council would need. 194 195 Council Member Manthey asked if there is a policy on how the comp time can be used. 196 Administrator Karlson replied that there is not a restriction; where he worked previously 197 there was a restriction of eight hours per pay period. It was clarified that there is not a 198 payment attached to the comp time and it disappears if not used within the year it’s 199 earned. 200 11. Review Regular Agenda 201 202 EDA Meeting – Community Development Director Grochala explained that the EDA 203 will be asked to transfer the land that is being considered for sale to the American Legion. 204 The land title would be transferred to the city since the EDA actually holds the property. 205 The action would move the title to the city for three lots. The council could then take 206 action later on the agenda to approve second reading of the ordinance providing for the 207 actual land sale. 208 209 Item 4A, Police Division Staffing Study – Director Swenson explained that he had 210 requested funding for a professional staffing study but that was not included in the 211 approved city budget. He therefore looked at the use of forfeiture monies as a funding 212 source and he has verified that is a legal use of those funds. He proposes to hire 213 Springsted for a study, as outlined in the staff report. Mayor Reinert asked for more 214 CITY COUNCIL WORK SESSION April 3, 2017 DRAFT 6 details and Director Swenson explained the steps of the process, including council input, 215 and recommendations coming forward at the end. The mayor said he would not support 216 the study and he noted the cost of $17,000. Council Member Manthey suggested that a 217 review of the staffing, especially since the council has been discussing police needs, 218 seems appropriate to him; it could also be helpful with upcoming strategic planning for 219 the future. Council Member Rafferty remarked that the population of the city hasn’t 220 increased greatly and that raises a question for him about the need for more police 221 officers. Mayor Reinert suggested that the management team should understand staffing 222 needs for their respective departments. 223 224 The council concurred that the request for authorization of a study should not go forward. 225 They invited staff to come forward and discuss staffing at a future meeting. 226 Item 6A – Consider Resolution No. 17-26, Approving Change Orders No. 1 & 2 and 227 the Final Payment No. 8 for the Construction of Well No. 6 - City Engineer Hankee 228 reviewed the written staff report. With the two change orders, the project is still within 229 the budget. She briefly reviewed the content of the change orders. The mayor confirmed 230 that these change orders wouldn’t have an impact on the results of the original bid 231 process. 232 233 Item 6C - Consider Resolution No. 17-29 Denying Conditional Use Permit for Home 234 Occupation Permit Level C at 180 Pine Street – City Planner Larsen reviewed the 235 request for a Conditional Use Permit (CUP) for a home occupation and staff’s 236 recommendation to deny the request based on the basic inability of the street/area to 237 handle additional use and traffic. The existing homes are very close and although this lot 238 is large, the neighbors are close. The Planning and Zoning Board recommended denial of 239 the request. 240 241 12. Adjourn 242 The meeting was adjourned at 8:35 p.m. 243 244 These minutes were considered, corrected and approved at the regular Council meeting held on 245 April 24, 2017. 246 247 248 249 250 Julianne Bartell, City Clerk Jeff Reinert, Mayor 251 252 COUNCIL MINUTES April 10, 2017 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : April 10, 2017 4 TIME STARTED : 6:30 p.m. 5 TIME ENDED : 8:50 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Kusterman, Maher, 7 Manthey, and Mayor Reinert 8 MEMBERS ABSENT : 9 10 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 11 Grochala; City Planner Katie Larsen; City Engineer Diane Hankee; Public Services Director Rick 12 DeGardner; Director of Public Safety John Swenson; and City Clerk Julie Bartell 13 14 PUBLIC COMMENT 15 16 Robert Sibell, 7898 Century Trail, explained that he has lived at his home for six years and has been 17 on the homeowners board for several years. Tonight he is representing all 49 homeowners in the 18 North Century Farms Homeowners Association. He noted that many residents have lived in their 19 homes for a long period and have waited up to 14 years for the park development that they understood 20 would be a part of the area when they moved in. They are asking now that the city follow through on 21 the program. They would like trail access to the regional park also. They feel the area has been 22 neglected. The area is wonderful but pedestrian access to amenities is poor. (He showed several 23 slides that are on file). Funding should be the developer’s responsibility but that has not been 24 fulfilled. They recommend enforcing the development agreement. He noted several reasons why 25 the city should be able to proceed with the park and trail development. 26 27 Mayor Reinert noted that the Century Farms development is a model from a couple decades back. He 28 recalled that there was dedicated park land within that development. Now the council is more clear 29 with the developer when plans come forward, in order to get parks developed early. Regarding a trail 30 for the area, there is a fabulous trail system in the city and it’s understandable that people want to 31 access that. Mayor Reinert suggested that the matter be discussed at the next council work session 32 with staff directed to bring forward more information for the May 1, 2017 meeting. 33 34 Community Development Director Grochala reviewed the history of the dedicated park land, 35 including its current status and plans for a trail in the vicinity. 36 37 SETTING THE AGENDA 38 39 The agenda was approved as presented. 40 41 CONSENT AGENDA 42 43 Council Member Rafferty asked, regarding the expenditure list, to be informed of the final tally cost 44 on the fire department mini-pumpers. Director Swenson explained that the amount of $11,000+ was 45 COUNCIL MINUTES April 10, 2017 DRAFT 2 the upgraded cost the council authorized; below that figure in the report is the cost of the build out. 46 47 Council Member Rafferty noted that ladder truck #21 continues to be on the expenditure list for 48 maintenance. Director Swenson explained that #21 is the new truck and it is being built out. He 49 added that there have been a few repairs needed on that unit and the seller is covering them. 50 51 Council Member Rafferty moved to approve the Consent Agenda, Items 1A through 1D, as presented. 52 Council Member Maher seconded the motion. Motion carried on a voice vote. 53 54 ITEM ACTION 55 56 Consideration of Expenditures: 57 58 April 10, 2017 (Check No. 105641 – 105705 59 in the amount of $563,843.73 Approved 60 61 March 27, 2017 Council Work Session 62 Minutes Approved 63 64 March 27, 2017 City Council Meeting 65 Minutes Approved 66 67 Advisory Board Appointment Approved 68 69 70 FINANCE DEPARTMENT REPORT 71 72 There was no report from the Finance Department. 73 74 ADMINISTRATION DEPARTMENT REPORT 75 76 3A) Consider Appointment of Scanner Operator - Administrator Karlson reviewed the hiring 77 process that has brought forward a recommendation to hire Mr. Thomas DeBilzan. 78 79 Council Member Rafferty moved to approve the appointment of Thomas DeBilzan to the position of 80 Temporary Scanner Tech. Council Member Maher seconded the motion. Motion carried on a voice 81 vote. 82 83 PUBLIC SAFETY DEPARTMENT REPORT 84 85 4A) Public Safety Department Vehicle Replacement Policy – Public Safety Director Swenson 86 noted that the plan has been discussed and reviewed several times, most recently at the last council 87 work session. Some changes were recommended by the council and are noted within the written 88 report. Mayor Reinert clarified that no schedule will be approved during the annual budget. 89 90 COUNCIL MINUTES April 10, 2017 DRAFT 3 Council Member Kusterman asked why the language is being stricken that considers the age of 91 vehicles in years. Administrator Karlson noted that age is addressed elsewhere within the policy. 92 Council Member Manthey recalled the discussion about “useful life” and that the goal was not to be 93 redundant by indicating useful years. 94 95 Council Member Manthey added that the council has discussed this matter in depth on several 96 occasions and notably has included that the council can be involved in decisions and the ability to 97 review the policy in the future. 98 99 Council Member Maher moved to approve the policy as presented. Council Member Manthey 100 seconded the motion. Motion carried on a voice vote. 101 102 PUBLIC SERVICES DEPARTMENT REPORT 103 104 5A) Consider Resolution No. 17-31, Accepting Plans and Specifications and Authorizing the 105 Advertisement for Bids, Northpointe Park Development Project – Public Services Director 106 DeGardner read his written report. In brief, the report outlines a park development project, the 107 proposed schedule, future council consideration, and the funding source (dedicated park funds). 108 Mayor Reinert noted that this is a good example of getting a park project done when it needs to be, at 109 the front of the project. Director DeGardner noted the city’s master park plan and availability to the 110 council members. Director DeGardner also explained how staff plans to involve residents of the 111 NorthPointe community in development of their park. 112 113 Council Member Manthey moved to approve Resolution No. 17-31 as presented. Council Member 114 Kusterman seconded the motion. Motion carried on a voice vote. 115 116 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 117 118 6A) Consider Resolution No. 17-26, Approving Change Orders No. 1&2, and Final Payment 119 No. 8, for the Construction of Well No. 6 Pump House - City Engineer Hankee reviewed the written 120 report outlining the overall project cost and the change orders requested. Mayor Reinert noted that 121 changes sometimes mean more money but he understands these changes were requested by the city and, 122 with all changes, the project remains under budget. Council Member Rafferty complimented the look of 123 the project - it fits well into the neighborhood. 124 125 Council Member Rafferty moved to approve Resolution No. 17-26 as presented. Council Member 126 Maher seconded the motion. Motion carried on a voice vote. 127 6B) Consider Resolution No. 17-27, Accepting bids, Awarding a Construction Contract, and 128 Approving Construction Services Contract with WSB & Associates, 2017 Mill and Overlay 129 Project – City Engineer Hankee explained that staff is requesting acceptance of the bids received and 130 awarding a contract to the low bidder, North Valley, for this year’s mill and overlay project. The project 131 authorization also includes a contract for oversight and administrative services. She explained the 132 streets that would be included in this year’s program. 133 134 COUNCIL MINUTES April 10, 2017 DRAFT 4 Council Member Maher asked how the need for construction service oversight is determined. 135 Community Development Director explained that any capital improvement project will include those 136 oversight services. 137 138 Council Member Manthey moved to approve Resolution No. 17-27 as presented. Council Member 139 Kusterman seconded the motion. Motion carried on a voice vote (Council Member Rafferty 140 abstained) 141 6C) Consider Resolution No. 17-29, Denying Conditional Use Permit for Home Occupation 142 Permit Level C at 180 Pine Street – City Planner Larsen reviewed a PowerPoint presentation (on file) 143 outlining the request and the staff recommendation: 144 - Location of the business (northwest edge of the city); 145 - Accessory structure from which proposed business would be operated; 146 - Zoning and land use in the area; 147 - Parcel size of 29 acres; 148 - Background on home occupation regulations (this would be a Level kC, a higher level of permit 149 requiring a CUP); 150 - The applicant’s narrative that outlines the activities that would be involved in the home business, 151 including storage needs; 152 - Staff comments (if the home occupation use were to be allowed); 153 - Findings of fact (relating to transportation and including the city engineer’s review and 154 recommendations regarding use of a gravel road; utility plans; local water management plan; 155 capital improvement plan; policy, the use not being consistent; natural enviroment; compatibility 156 with future land uses in the area; performance standards; 157 - Planning and Zoning Board review, including one neighbor speaking against the proposal and the 158 Board Chair’s knowledge about concerns at the applicant’s current property in the city; 159 - Applicant’s survey of residents in the area. 160 - Projections for traffic increases if the use were approved. 161 162 Staff clarified that the applicant doesn’t currently live at 180 Pine Street. The current property use is a 163 home without a business. 164 165 Mr. Witzel, the applicant, provided information using a PowerPoint presentation. He provided details 166 on: 167 - Business vehicles that are normally brought home at night; 168 - His primary place of business is in Fridley and would remain there; he lives in Lino Lakes and 169 would like to operate some of the business at this location; 170 - His Fridley property has been described as an island of commercial in a sea of residential (he 171 pointed out the homes in the area) and noted that the area residents are not complaining; 172 COUNCIL MINUTES April 10, 2017 DRAFT 5 - He wants to be up front with the city about his plans for the property, if he goes ahead with the 173 purchase. He’s aware of many home businesses that have not done the same; 174 - The properties around the proposed business have been contacted and he’s not heard of a proble, 175 except for one person who has a concern and that is based on the fear of a building being 176 constructed that would block their view and that there would be strangers in the area (he noted his 177 employees are highly vetted so shouldn’t be a problem); 178 - Regarding use of the roadway and fear that it would not hold up, there are many heavy uses 179 occuring currently including large trucks (garbage vehicles) using the road; 180 - Pictures of the property, showing where things are; 181 - Picture of his family, who lives in Lino Lakes. 182 183 He also read a letter provided by the mayor of the City of Fridley, commending him/his business on 184 being a good presence in that city and past willingness to respond to any concerns. 185 186 Council Member Rafferty noted existing conditions and current guidelines and regulations and the 187 council’s responsibility to follow them. 188 189 Mayor Reinert asked staff to reiterate their reasons for recommending denial and expand and respond to 190 the applicant’s comments. 191 Planner Larsen noted that there is no home occupation permit at this address now and there is none at 192 Mr. Witzel’s current address (applicant noted that four of his children drive work vans and come and go). 193 Ms. Larsen outlined the city’s regulations for home occupations and the levels and allowed uses and their 194 relation to intensity of use. Staff would be more than happy to work with the applicant to find an 195 appropriately zoned property for his business in the city and one that would not become an issue for the 196 surrounding neighborhoods and the transportation system of the city. 197 198 Council Member Manthey asked about the size of vehicles used (3/4 ton vans) and how many employees 199 he expects. Mr. Witzel explained that he has overestimated those figures in his application to make sure 200 he is being completely transparent. The applicant also said he isn’t sure that he’d have the dumpster 201 emptied twice a week but again he is trying to be completely above board and he noted that there are a 202 great many vehicles, including many garbage trucks from different companies, utilizing the roadway. 203 Council Member Manthey asked if the applicant were to be allowed the use, would he be willing to 204 comply with the staff recommendations. 205 206 Mayor Reinert remarked that the property offers the size for the business to grow. 207 208 Mr. Witzel added that he’s discussed the possibility of adding screening fencing. 209 210 It was clarified that Mr. Witzel would be moving to the property. He wouldn’t purchase the property 211 without this use in place. 212 213 Council Member Maher noted that there are four children working and driving for the business and there 214 are three younger children that could possibility become drivers for the business in the future. If there 215 COUNCIL MINUTES April 10, 2017 DRAFT 6 were materials delivered, what would be the biggest size delivery vehicles? Mr. Witzel explained that 216 the deliveries are typically to Fridley and the truck size isn’t huge. 217 218 Council Member Kusterman said he can understand the concern of a neighbor about increased traffic. 219 He asked the applicant if there is anyway to assauage the concerns of the neighbor? Mr. Witzel 220 explained the operations that people experience with the current use (farm, air field); Mayor Reinert 221 noted that it hasn’t been a business use though. 222 223 Community Development Director Grochala remarked that he isn’t sure about working out the issues but 224 it is clear that there are regulations in place and the use proposed by this application would not be 225 allowed in a residential area. The applicant has pointed out uses that are occuring in the area but that 226 doesn’t mean what he proposes is allowed. He recalled that Pine Street was paved because people in a 227 certain area of it requested and paid for it; those past a certain point decided they didn’t want the work 228 done because the road is less used. 229 230 Council Member Maher asked if the resident who is concerned was present and another neighbor who 231 was present said no and explained her awareness of the concern – it’s about having strangers (customers) 232 coming into the area; she added that there is a lot of traffic already and across in Columbus pretty much 233 anything is allowed. She doesn’t feel the proposed business will create a problem. 234 235 Jason Schenkin, speaking on behalf of Steve Witzel. Mr. Witzel has been a great mentor for him and he 236 can attest that he will be a stand up neighbor who will any address concerns that arise. Mayor Reinert 237 thanked Mr. Schenkin but noted that the issue isn’t the applicant’s character but the question for the 238 council is the precedent granting this request would set for, perhaps, an applicant of different character. 239 There isn’t an easy way to take back a CUP once it is issued. Ms. Larsen added that one of the 240 requirements of all home occupations is that there should be no exterior evidence of the business. 241 Community Development Director Grochala added that the city has never issued a Level C home 242 occupation CUP because it is a fairly new regulation. He also noted that there are many code 243 enforcements underway related to illegally operating home businesses but at those can be addressed by a 244 cease and desist order. 245 246 Mayor Reinert noted concerns: setting precedent, traffic on a dirt road; neighbor concerns. On the other 247 hand, the council is hearing that this is a good business operator who would be fair to the neighbors. 248 249 Council Member Manthey said he is supportive of allowing people to do what they want to do on their 250 property but he doesn’t see a way to set this in motion without any control. He’d like to understand more 251 specifics about the business that would be occuring and see more of a detailed plan. 252 253 The mayor suggested that the council could vote now or wait and get more information. 254 255 Council Member Kusterman remarked that he has a responsibility to hear the concerns of the area 256 residents and to understand the setting of precedent. 257 258 Council Member Maher remarked that she is less concerned about precedent. This is a full picture (the 259 future) and if the council chooses to allow a CUP they can do so for reason they feel are appropriate. If 260 COUNCIL MINUTES April 10, 2017 DRAFT 7 the vote were to occur now, she would support the request. 261 262 Council Member Rafferty added that the council has received good information and he appreciates the 263 level provided by the applicant. To him, the past is important as well as the future. He would be not in 264 favor of allowing the CUP based on current information. 265 266 Council Member Kusterman moved to approve Resolution No. 17-29 as presented. Council Member 267 Rafferty seconded the motion. 268 269 Council Member Manthey said he doesn’t want to see Mr. Witzel purchase the land and not be able to 270 utilize as he chooses so, not having enough information to allow the use, he would have to support the 271 staff recommendation. 272 273 Council Member Rafferty pondered the possibility of postponement; could the council gain anything 274 from that? 275 276 Council Member Kusterman said he would withdraw his motion if the majority of the council would 277 like to study the matter further. 278 279 Council Member Manthey asked if there is more information the applicant thinks that he could 280 provide. Otherwise he doesn’t see it as a good decision to go forward, even for the applicant. 281 282 Mayor Reinert remarked that he sees that the council wants to say yes because Mr. Witzel is a long 283 term resident and they respect people’s rights but they have certain responsibilities. 284 285 Council Member Kusterman asked if there is a way to make the CUP less precedent setting. Ms. 286 Larsen said the CUP would be specific to this property but it would stay with the property regardless 287 of the owner. The council could add conditions. 288 289 Council Member Maher remarked that the council has the opportunity to grant a CUP and set 290 parameters that they see as appropriate. The mayor responded that parameters should really be set by 291 ordinance and not special action though. 292 293 The question was asked, what business would meet the requirements of a Level C Home Occupation? 294 Mr. Grochala suggested that location would be key (such as paved roadway). He added that the 295 Level C allows for a certain number of vehicle trips in and out. There is concern that this is 296 introducing a level of activity that doesn’t fit in the location. 297 298 Motion carried on a voice vote. Council Member Maher recorded as voting “no”. 299 6D) Consider 2nd Reading of Ordinance No. 02-17, Sale of Property to American Legion, Lot 300 14, Block 2, Carole’s Estates 2nd Addition – Community Development Director Grochala reviewed the 301 written report. This is second reading of the ordinance authorizing the sale of certain city-owned land to 302 the American Legion. 303 304 Council Member Rafferty asked if there is something in the agreement that indicates a twilight of the 305 COUNCIL MINUTES April 10, 2017 DRAFT 8 agreement to sell? Director Grochala said the ordinance authorizes execution of a purchase agreement 306 that was prepared by the city attorney; that agreement includes a closing date and basically a six month 307 window of opportunity. Mayor Reinert noted that the city intends to work with the American Legion to 308 be fair but with understanding of the nature of their business and the time it takes to move on the 309 purchase. 310 311 Council Member Kusterman moved to waive the full reading of Ordinance No. 02-17. Council 312 Member Manthey seconded the motion. Motion carried on a voice vote. 313 314 Council Member Kusterman moved to approve the 2nd Reading and adoption of Ordinance No. 02-17 315 as presented. Council Member Manthey seconded the motion. Motion carried: Yeas, 5; Nays none. 316 317 UNFINISHED BUSINESS 318 319 There was no Unfinished Business. 320 321 NEW BUSINESS 322 323 There was no New Business. 324 325 COMMUNITY EVENTS 326 327 ABC PRESCHOOL FUNDRAISER will be held at St. Joseph’s of the Lakes, (7171 Elm Street) on 328 Saturday, April 21 from 5:00 – 8:00 p.m. 329 330 MILITARY CHILD DAY is April 21, 2017. Please remember to wear purple in recognition of the 331 military children in our state and community. 332 333 COMMUNITY CALENDAR 334 335 Community Calendar – A Look Ahead 336 April 10, 2017 through April 24, 2017 337 Wednesday, April 12 6:30 pm, Council Chambers Planning & Zoning 338 Monday, April 17 5:30 pm, Community Room Council Goal Setting Mtg 339 Monday, April 24 6:00 pm, Community Room Council Work Session 340 Monday, April 24 6:30 pm, Council Chambers City Council Meeting 341 342 ADJOURN 343 344 There being no further business, Council Member Rafferty moved to adjourn at 8:50 p.m. Council 345 Member Manthey seconded the motion. Motion carried unanimously. 346 347 These minutes were considered and approved at the regular Council Meeting, April 24, 2017. 348 349 350 COUNCIL MINUTES April 10, 2017 DRAFT 9 351 352 Julianne Bartell, City Clerk Jeff Reinert, Mayor 353 354 CITY COUNCIL AGENDA ITEM 1D STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk MEETING DATE: April 24, 2017 TOPIC: Resolution No. 17-30, Approving a Peddler License for Edward Jones Financial VOTE REQUIRED: 3/5 BACKGROUND A representative from Edward Jones Financial, 9304 Lexington Avenue North, Circle Pines, MN 55014, has submitted a peddler’s license application to the City Clerk's office. The company representative who would be working in Lino Lakes is Mr. Daniel Babbitt, Financial Advisor. He plans to travel through the Lino Lakes’ neighborhoods going door to door offering financial services to interested potential clients. 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. 17-30, Approving the issuance of a Peddler License for a six month period starting April 25, 2017 through October 25, 2017. 1 CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR: Katie Larsen, City Planner Alex McKenzie, Community Development Intern MEETING DATE: April 24, 2017 TOPIC: Consider Resolution No. 17-32, Extension of Time for the Submittal of the PUD Final Plan/Final Plat, Watermark VOTE REQUIRED: 3/5 INTRODUCTION David M. Von Ruden of Mattamy Homes, and the land development coordinator of Watermark, a residential subdivision is requesting a 6 month extension for submittal of the PUD Final Plan/Final Plat for Watermark. BACKGROUND On June 13, 2016 the City Council passed Resolution No. 16-51 approving the PUD Development Stage Plan/Preliminary Plat for Watermark. Mattamy Homes has requested a 6 month extension and is currently looking for a buyer for this property as they look to liquefy their Minnesota holding. Negotiations are under way with a potential buyer but the timeline on this deal is unknown. The property will need to go through final engineering and entitlement work before it can be Final Platted. This extension will allow any potential buyers and city staff the time necessary to complete the final engineering and design work. The City’s zoning and subdivision ordinance requires a complete application for PUD Final Plan/Final Plat be submitted no later than one year after the date of approval of the preliminary plat (June 2016). The City Council may grant a 6 month extension upon request of the developer. RECOMMENDATION Staff recommends approval of Resolution No. 17-32 granting a 6 month extension until December 13, 2017 for submittal of the PUD Final Plan/Final Plat for Watermark. ATTACHMENTS 1. Resolution No. 17-32 2. Developer Letter 1 CITY OF LINO LAKES RESOLUTION NO. 17-32 RESOLUTION APPROVING AN EXTENSION OF TIME FOR THE SUBMITTAL OF THE PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAN/FINAL PLAT FOR WATERMARK WHEREAS, review and approvals of plats are governed by Minnesota Statutes and City of Lino Lakes ordinances; and WHEREAS, the PUD Development Stage Plan/Preliminary Plat for Watermark, a residential subdivision was approved by the City Council on June 13, 2016 with Resolution No. 16-51; and WHEREAS, an extension of time for the submittal of the PUD Final Plan/ Final Plat for Watermark was approved by the City Council on April 24, 2017 with Resolution No. 17-32; and WHEREAS, the city’s zoning and subdivision ordinance requires the PUD Final Plan/Final Plat be submitted within one year after approval of the PUD Development Stage Plan/Preliminary Plat; and WHEREAS, the developer, Mattamy Homes has requested a 6 month extension and is currently looking for a buyer for the property as they look to liquefy their Minnesota holding; and WHEREAS, the developer has requested the city to extend the time allowed for submittal of a PUD Final Plan/Final Plat; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes, 1. The PUD Final Plan/Final Plat for Watermark shall be submitted by December 13, 2017 unless an additional extension is granted by the City Council. 2. All conditions of approval for Resolution No. 16-51 will continue to apply to the site. Adopted by the Council of the City of Lino Lakes this 24th day of April, 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 3A STAFF ORIGINATOR: Jeff Karlson MEETING DATE: April 24, 2017 TOPIC: Charter Commission Budget Request VOTE REQUIRED: 3/5 INTRODUCTION The Charter Commission is requesting an annual budget increase of $4,000. BACKGROUND The Charter Commission recently submitted a request for an additional $4,000 in its 2017 operating budget. The Council discussed this request at the April 3rd work session and directed staff to contact Commission Chair Caroline for more specific information about what the additional funds was for and what the attorney’s fees were. Ms. Dahl responded via email to clarify that the Commission is seeking a “permanent” budget increase, which would increase its annual budget for attorney fees to $5,500. RECOMMENDATION Consider motion to approve or deny the request. ATTACHMENTS Letter from Charter Commission, dated April 17, 2017 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen MEETING DATE: April 24, 2017 TOPIC: Consider Resolution No. 17-33 Approving Site Improvement Performance Agreement for American Legion Parking Lot Expansion VOTE REQUIRED: 3/5 BACKGROUND American Legion received conditional administrative site plan approval for a parking lot expansion project. The subject site is located at 7731 Lake Drive. Per Section 1007.020 Site and Building Plan Review: (1) General. All site and building plans for multiple family, commercial, industrial or public/semi-public uses shall require review and approval by the Community Development Department. (5) Performance Standards. (d) The applicant shall, upon completion of site and building plan review, submit to the City an agreement that they will cause all improvements called for in the site and building plan review to be completed within the time specified by the City. Performance of such contracts shall be secured by the amount submitted at application or additional amount as may be required by the City Council. The attached Site Improvement Performance Agreement addresses the site improvements for the building and provides for submittal of all required fees and securities. RECOMMENDATION Staff recommends approval of Resolution No. 17-33. ATTACHMENTS 1. Site Location & Aerial Map 2. Resolution No. 17-33 3. Site Improvement Performance Agreement 0 100 20050 Feet 77347734 77467746 77107710 77167716 77267726 77317731 77227722 Aerial MapAmerican Legion Parking Lotµ CITY OF LINO LAKES RESOLUTION NO. 17-33 RESOLUTION APPROVING A SITE IMPROVEMENT PERFORMANCE AGREEMENT WITH AMERICAN LEGION (7731 LAKE DRIVE) WHEREAS, the City has completed the review of the site and building plans for a parking lot expansion project located at 7731 Lake Drive; and WHEREAS, the parcel is legally described as: LOT 14 and 15, BLOCK 2, CAROLE’S ESTATES 2ND ADDITION; 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 American Legion 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 24th day of April, 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 American Legion Post 566 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 American Legion Post 566 (Developer). WHEREAS, the Developer has received approval of Site Development Plans, hereinafter called the "Plans", by the City of Lino Lakes on the 24th day of April, 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: LOT 14 and 15, BLOCK 2, CAROLE’S ESTATES 2ND ADDITION 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 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. American Legion Post 566 Site Performance Agreement page 2 of 8 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. Storm Sewer & Storm Water Management $5,930 2. Bituminous & Concrete Paving $54,325 3. Grading & Erosion Control $11,000 Total Estimated Cost of Developer Improvements $71,255 Security Requirement (Total * 35%) $24,940 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. 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 American Legion Post 566 Site Performance Agreement page 3 of 8 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: 1. Site Plan Review Fee $1,500 2. Administration (Legal, Engineering, Planning, and Contract administration) $4,500 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 $6,000 American Legion Post 566 Site Performance Agreement page 4 of 8 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. 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. American Legion Post 566 Site Performance Agreement page 5 of 8 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 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. American Legion Post 566 Site Performance Agreement page 6 of 8 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. 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 American Legion Post 566 Site Performance Agreement page 7 of 8 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 _________________________ By _________________________ Paul Lesch, Commander Post #566 Mayor ATTEST: By_________________________ By _________________________ Ken Kennedy, Finance Officer 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 American Legion Post 566 Site Performance Agreement page 8 of 8 STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _______ day of _______________, 2017, before me, a Notary Public within and for said County, personally appeared, Paul Lesch, Commander Post #566, who executed the foregoing instrument. ______________________________ 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, Ken Kennedy, Finance Officer, who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 1 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: April 24, 2017 TOPIC: NorthPointe 5th Addition i) PUBLIC HEARING: Consider 1st Reading of Ordinance No. 04-17, Vacating Drainage & Utility Easements, Outlot A, NorthPointe 3rd Addition & Outlot C, NorthPointe 4th Addition ii) Consider Resolution No. 17-34 Approving PUD Final Plan/Final Plat iii) Consider Resolution No. 17-35 Approving Development Agreement iv) Consider Resolution No. 17-36 Approving Public Improvement Surety Agreement VOTE REQUIRED: 4/5 (i) and 3/5 (ii, iii & iv) INTRODUCTION Staff is requesting City Council consideration of the above noted items for NorthPointe 5th Addition. Complete Application Date: February 23, 2017 60-Day Review Deadline: April 24, 2017 120-Day Review Deadline: June 23, 2017 Environmental Board Meeting: N/A Park Board Meeting: N/A Planning & Zoning Board Meeting: April 12, 2017 Tentative City Council Work Session: April 24, 2017 Tentative City Council Meeting: April 24, 2017 BACKGROUND NorthPointe is a PUD residential subdivision located northeast of the intersection of Birch Street and 20th Avenue South/CSAH 54. The preliminary plat is 94.09 gross acres and consists of a residential density mix of single family lots and an 88 unit senior multi-family residence. The following is a breakdown of unit development: 2 • 216 Single Family Units (215 new lots + 1 existing home) • 11 Future Single Family Units (future development of existing home) • 88 unit multi-family • 315 TOTAL UNITS The applicant has submitted a land use application for final plat of NorthPointe 5th Addition. This review is based on the NorthPointe 5th Addition Street and Utility Plan Set and final plat dated February 17, 2017 and prepared by Carlson McCain. Previous Council Actions: • March 10, 2014: NorthPointe PUD Development Stage Plan/Preliminary Plat, Resolution No. 14-21 • June 23, 2014: NorthPointe PUD Final Plan-Final Plat, Resolution No. 14-47 • September 22, 2014: NorthPointe 2nd Addition Final Plat, Resolution No. 14-105 • August 24, 2015: NorthPointe 3rd Addition Final Plat, Resolution No. 15-86 • July 11, 2016: NorthPointe 4th Addition Final Plat, Resolution No. 16-64 ANALYSIS Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code The final plat has been reviewed for compliance with the comprehensive plan, zoning and subdivision ordinance. The proposed development is not considered premature and meets the performance standards of the subdivision and zoning ordinance. The final plat is consistent with the PUD Development Stage Plan/Preliminary Plat and PUD Final Plan. There is a modification from the phasing plan. The phasing plan dated July 28, 2016 for Phase V was for 19 lots. The proposed plat is for 39. The phasing plan shall be revised accordingly. Phases NorthPointe has been developed in the following phases: Phase # Lots 1 21 2 40 3 41 4 31 5 39 3 6 TBD 7 TBD 8 TBD TOTAL 172 TOTAL SF Lots in NP = 215 - # Lots Platted to Date = 172 # Lots Remaining1 = 43 1The # Lots Remaining does not include the potential 88 unit multi-family senior complex proposed in the southeast corner of the development. Blocks and Lots The final plat for NorthPointe 5th Addition creates 39 lots and 4 outlots. Outlots A and D are for future development. Outlots B and C are stormwater management and wetland protection areas. Outlot B, NorthPointe 4th Addition and Outlot C, NorthPointe 5th Addition will be deeded to the City after all construction, utilities, lift station, restoration and as-builts have been completed in the outlots and approved by the City Engineer. Streets The following right-of-way and street widths were approved with Resolution No. 14-21, PUD Development Stage Plan/Preliminary Plat: Street Name Right-of-Way Width Street Width (Back to Back) Chestnut Street 60 feet 32 feet Rosewood Street 60 feet 32 feet Dogwood Street 50 feet 28 feet A 5 foot wide concrete sidewalk will be constructed along Chestnut Street and connect with existing sidewalk along Cypress Street and 21st Avenue S. as approved in the PUD Development Stage Plan/Preliminary Plat. No sidewalk is required along Rosewood or Dogwood Street. 4 Easements Standard drainage and utility easements are provided on all lot lines. A Conservation Easement was also dedicated to RCWD over the wetland and buffer areas on Outlot D, NorthPointe. The applicant is requesting the drainage and utility easement dedicated in the plat of NorthPointe 3rd Addition lying over, under and across Outlot A and NorthPointe 4th Addition lying over, under and across Outlot C be vacated to eliminate any potential tile issues. This easement will be re-dedicated on the plat of NorthPointe 5th Addition. The City Council approved a similar easement vacations throughout the development of NorthPointe. The City Council will hold the public hearings for the vacation. Public Land Dedication and Fees The City will require a combination of land dedication and cash in lieu of land for the entire NorthPointe development. Outlot D, NorthPointe 4th Addition was dedicated to the City for parkland in 2016. The negative cash balance from the 4th Addition ($37,250) will be carried over and subtracted from the final plat of NorthPointe 5th Addition. NorthPointe 5th Addition Total #of Lots = 39 x Park Dedication fee $2,575 = Cash in Lieu Value $100,425 Cash in Lieu Value $100,425 -Negative Balance NP 4th ($37,250) = Total Due for NP 5th $63,175 The Park Board has been working with WSB to create a master plan for the park and anticipates starting construction in summer 2017. The City will construct the trails in conjunction with the park development. Zoning NorthPointe 5th Addition is zoned PUD-Planned Unit Development as approved by the City Council with Ordinance No. 02-14. Comprehensive Plan The final plat is in compliance with the Comprehensive Plan in terms of the Resource Management System, Land Use Plan, Housing Plan, and Transportation Plan. 5 Alternative Urban Areawide Review (AUAR) The project site is within the 2005 I-35E Corridor AUAR and is subject to the AUAR mitigation plan. The NorthPointe PUD Development Stage Plan/Preliminary Plat is consistent with development Scenario 1 for residential medium density and complies with the mitigation plan in regards to wetlands, water use, erosion and sedimentation, surface water runoff, wastewater and transportation. The final plat for NorthPointe 5th Addition is also consistent with these plans. Floodplain The applicant received a FEMA Letter of Map Revision effective December 21, 2016. The Zone A floodplain has been removed from any lots in NorthPointe 5th Addition and there are no floodplain impacts. Development Agreement A Development Agreement shall be drafted by the City, executed by the City and the developer and recorded by the developer. The Developer Improvement costs as detailed in the Development Agreement will be secured with a Public Improvement Surety Agreement (Resolution No. 17-36). Title Commitment The City Attorney reviewed the title commitment and final plat and notes consents to plat are required. Stormwater Maintenance Agreement A Maintenance Agreement for Stormwater Management Facilities was approved by the City Council on August 11, 2014 with Resolution No. 14-87 for the entire NorthPointe development. Environmental The Environmental Coordinator reviewed the plans and has no issues. RECOMMENDATION The Planning & Zoning Board reviewed and recommended approval of the PUD Final Plan/Final Plat on April 12, 2017. The vote was 6-0. Staff is recommending approval of the following items with conditions as listed: 1. Ordinance No. 04-17 Vacating Drainage & Utility Easement 2. Resolution No. 17-34 Approving the PUD Final Plan/Final Plat 3. Resolution No. 17-35 Approving Development Agreement 4. Resolution No. 17-36 Approving Public Improvement Surety Agreement 6 ATTACHMENTS 1. Ordinance No. 04-17 2. Resolution No. 17-34 3. Final Plat 4. Resolution No. 17-35 5. Development Agreement 6. Resolution No. 17-36 7. Public Improvement Surety Agreement 1 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 04-17 ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT (Outlot A, NorthPointe 3rd Addition & Outlot C, NorthPointe 4th Addition) The City Council of Lino Lakes ordains: Section 1: Findings of Fact 1. The City Council of Lino Lakes has determined to vacate all of the drainage and utility easements, as dedicated on the plat of NorthPointe 3rd Addition, according to the recorded plat thereof, Anoka County, Minnesota, lying over, under, and across Outlot A, said plat as shown in Exhibit A; and 2. To vacate all of the drainage and utility easements, as dedicated on the plat of NorthPointe 4th Addition, according to the recorded plat thereof, Anoka County, Minnesota, lying over, under, and across Outlot C, said plat as shown in Exhibit A; and 3. A public hearing was held on April 24, 2017 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and reasonable attempts were made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and 4. The same drainage and utility easements shall be dedicated to the public on the plat of NorthPointe 5th Addition; and 5. It appears to be in the best interest of the City to vacate such drainage and utility easements; and 6. Four-fifths of all members of the City Council concur with this ordinance. Section 2: Easement Vacated The drainage and utility easement described herein is hereby vacated. 2 Section 3: 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 filing of the NorthPointe 5th Addition final plat. Adopted by the Lino Lakes City Council this 8th day of May, 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 O. I N T E T A H I G H W A Y CYPRESS STREET3 5 E R S T E 21ST AVE. S. C Y P R E S S S T R E E T LANEREDOAK CHESTNUTSTREETPALM STREET PALM STREETDOGWOODCOURTDOGWOODSTREET21ST AVE. S.ROSEWOODSTREETROSEWOODSTREET3890 Pheasant Ridge Drive NE, Suite 100, Blaine, MN 55449Phone: 763-489-7900 Fax: 763-489-7959ENVIRONMENTAL Ő ENGINEERING Ő SURVEYINGf:\jobs\4581 - 4600\4586 - lino lakes parcel\cad\survey\4586-easementvacationsketch.dwg &TCKPCIG 7VKNKV['CUGOGPV8CECVKQP&GUETKRVKQP5MGVEJ 1 CITY OF LINO LAKES RESOLUTION NO. 17-34 RESOLUTION APPROVING THE PUD FINAL PLAN/FINAL PLAT FOR NORTHPOINTE 5TH ADDITION WHEREAS, the City received an application for PUD Final Plan/Final Plat approval for NorthPointe 5th Addition hereafter referred to as “Development”; and WHEREAS, City staff completed review of the proposed “Development” based on the NorthPointe 5th Addition Street & Utility Plans dated February 17, 2017 and final plat prepared by Carlson McCain; and WHEREAS, a public hearing was held before the Planning & Zoning Board on December 11, 2013 and continued to the February 12, 2014 meeting and the Board recommended approval of the PUD Development Stage Plan/Preliminary Plat; and WHEREAS, the City Council approved the rezoning from R, Rural to PUD, Planned Unit Development with Ordinance No. 02-14 and the PUD Development Stage Plan/Preliminary Plat with Resolution No. 14-21; and WHEREAS, Planning & Zoning Board reviewed and recommended approval of NorthPointe 5th Addition PUD Final Plan/Final Plat on April 12, 2017; and WHEREAS, the proposed development is not considered premature and meets the performance standards of the subdivision and zoning ordinance; and WHEREAS, the PUD Final Plan/Final Plat substantially conforms to the PUD Development Stage Plan/Preliminary Plat. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes hereby approves the PUD Final Plan/Final Plat for NorthPointe 5th Addition, subject to the following conditions: 1. All comments from City Engineer letter dated April 4, 2017 shall be addressed. 2. A Development Agreement shall be drafted by the City, executed by the City and the developer and recorded by the developer. 3. The Phasing Plan shall be revised to reflect changes from the original plan. 4. Title Commitment: a. Consent of the Mortgagees shall be obtained 5. Outlot B, NorthPointe 4th Addition and Outlot C, NorthPointe 5th Addition shall be deeded to the City after all construction, utilities, lift station, restoration and as- builts have been completed and approved by the City Engineer. Adopted by the Council of the City of Lino Lakes this 24th day of April, 2017. 2 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 ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYING NORTHPOINTE 5TH ADDITION INSET 'A'(SEE SHEET 2 OF 2 SHEETS)INSET 'A' (SEE SHEET 2 OF 2 SHEETS)INSET 'B'(SEE SHEET 2 OF 2 SHEETS) NORTHPOINTE 5TH ADDITION ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGINSET 'A'INSET 'B'ROSEWOOD STREET CHESTNUTSTREET21 S T AV E . S.DOGWOODSTREET CITY OF LINO LAKES RESOLUTION NO. 17-35 RESOLUTION APPROVING DEVELOPMENT AGREEMENT & PLANNED UNIT DEVELOPMENT AGREEMENT FOR NORTHPOINTE 5TH ADDITION WHEREAS, the City Council approved the final plat for NorthPointe 5th Addition with Resolution No. 17-34 on April 24, 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 & Planned Unit Development Agreement between Tony Emmerich Construction, Inc. and the City of Lino Lakes for NorthPointe 5th Addition 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 24th day of April, 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 NorthPointe 5th Addition THIS AGREEMENT is made this _____ day of ____________, 2017, by and between the City of Lino Lakes, a Minnesota municipal corporation, and Tony Emmerich Construction, Inc., a Minnesota corporation, referred to as (“Developer”). 1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. 14-21 for a plat known as NorthPointe 5th Addition (“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 NorthPointe 5th Addition, as legally described in Attachment A, 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. 17-34. The Final Plat is attached hereto as Attachment 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. NorthPointe 5th Addition plan set containing 14 sheets, prepared by Carlson McCain Inc., dated February 17, 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. NorthPointe 5th Addition Development Agreement April 24, 2017 page 2 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 Attachment C. 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) and Vadnais Lakes Water Management Organization (VLAWMO) 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, RCWD and VLAWMO 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. 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 NorthPointe 5th Addition Development Agreement April 24, 2017 page 3 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. 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 and joint trench coordination. 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 by November 30, 2017 with the final bituminous wearing course by October 31, 2018 or when 80 percent of the homes are constructed. The Developer may request a reasonable extension of time from the City. If the extension is NorthPointe 5th Addition Development Agreement April 24, 2017 page 4 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. The following improvements, hereinafter referred to as “City Improvements,” shall be designed, inspected, surveyed and administered by the City, and installed by the City on the Subject Property at Developer Expense: NO CITY IMPROVEMENTS ARE PROPOSED TO BE CONSTRUCTED IN NORTHPOINTE 5TH ADDITION 9. Record Drawings. a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including roads, sanitary sewer, watermain, storm sewer facilities, and grading, 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. 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 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 NorthPointe 5th Addition Development Agreement April 24, 2017 page 5 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. 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 NorthPointe 5th Addition Development Agreement April 24, 2017 page 6 the payment of all costs incurred by the City related to the development of the Subdivision including, but not limited to, the following (See Attachment C for breakdown of costs): i. Administration - 3% of Developer [CITY] 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 Attachment C for breakdown of costs): a. Park Dedication The City will require a combination of land dedication and cash in lieu of land for the entire NorthPointe development. Outlot D of NorthPointe 4th Addition was dedicated to the City for parkland and the negative cash balance carried over is $37,250. NorthPointe 5th Addition Total #of Lots = 39 x Park Dedication fee $2,575 = Cash in Lieu Value $100,425 NorthPointe 5th Addition Development Agreement April 24, 2017 page 7 Cash in Lieu Value $100,425 -Negative Balance NP 4th ($37,250) = Total Due for NP 5th $63,175 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. c. Sealcoating. The Developer will pay the cost of sealcoating the streets within the development at a cost of $18,181. 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 Attachment 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 Attachment C. NorthPointe 5th Addition Development Agreement April 24, 2017 page 8 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 Attachment 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 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 Attachment 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. NorthPointe 5th Addition Development Agreement April 24, 2017 page 9 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 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 building permits 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. NorthPointe 5th Addition Development Agreement April 24, 2017 page 10 19. Special Provisions a. Developer shall deed to the City Outlot A, B, C and D for public land dedication purposes. 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. 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 then 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 NorthPointe 5th Addition Development Agreement April 24, 2017 page 11 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. 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. Tony Emmerich Construction, Inc. Attn: Baleen K. Roberts, President 4920 173rd Avenue NE Ham Lake, MN 55304 Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 NorthPointe 5th Addition Development Agreement April 24, 2017 page 12 24. Land Use Controls - Planned Unit Development. a. NorthPointe 5th Addition is a Planned Unit Development (PUD) as approved by the City Council by Ordinance No. 02-14 and Resolution No. 14-21. b. The building design standards as established in the R-2, Two Family Residential District shall apply to the single family lots except as follows: i. All single family dwellings shall have double garage at minimum. ii. All single family dwellings shall include a front porch that is covered, unenclosed and a minimum of 6 feet in depth. iii. All single family dwelling and garage elevations shall include a variation in exterior building materials such as brick, stone, rock face, concrete block, wood, stucco, vinyl, steel, fiber cement and aluminum siding. iv. Side or rear loaded garages are permitted. The elevation facing the street shall require a minimum of one (1) window. v. The garage doors shall incorporate architectural design features such as decorative windows, panels, hinges, etc. vi. Garages in excess of two stalls shall be broken up so the additional stalls are recessed from the main garage façade. vii. Garage width shall not exceed 32 feet. NorthPointe 5th Addition Development Agreement April 24, 2017 page 13 DEVELOPER CITY OF LINO LAKES By ______________________ By _________________________ Baleen K. Roberts, President Mayor Its ______________________ ATTEST: Tony Emmerich Construction, Inc. By _________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2016, by Jeff Reinert as Mayor of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2016 by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public NorthPointe 5th Addition Development Agreement April 24, 2017 page 14 STATE OF MINNESOTA ) ) SS COUNTY OF __________ ) On this _______ day of _______________, 2016, 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 NorthPointe 5th Addition Development Agreement April 24, 2017 page 15 ATTACHMENT A Legal Description Outlot A, B, C and D, NORTHPOINTE 4TH ADDITION and Outlot A, NORTHPOINTE 3RD ADDITION, according to the recorded plot thereof, Anoka County, Minnesota. NorthPointe 5th Addition Development Agreement April 24, 2017 page 16 ATTACHMENT B Final Plat ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYING NORTHPOINTE 5TH ADDITION INSET 'A'(SEE SHEET 2 OF 2 SHEETS)INSET 'A' (SEE SHEET 2 OF 2 SHEETS)INSET 'B'(SEE SHEET 2 OF 2 SHEETS) NORTHPOINTE 5TH ADDITION ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGINSET 'A'INSET 'B'ROSEWOOD STREET CHESTNUTSTREET21 S T AV E . S.DOGWOODSTREET 4/ 19/ 2017 ATTACHMENT C PROJECT: NorthPointe 5th Addition NUMBER OF REU's:39 APPLICANT: Tony Emmerich Construction, Inc NO. OF LOT FRONTAGES 39 AREA(Lots, RW, OL A,B,C):12.5 IMPROVEMENTS COST DEVELOPER IMPROVEMENT COSTS SITE GRADING $0 EROSION CONTROL $4,000 LANDSCAPING $5,000 TRAIL AND SIDEWALK $24,900 STREETS $331,800 STORM SEWER CONST.$107,300 SANITARY SEWER CONST.$145,900 WATERMAIN CONST.$147,300 ENGINEERING & SURVEYING $6,000 Total $772,200 Public Improvement Surety Amount X 125%$965,250 CITY IMPROVEMENT COSTS TRUNK SANITARY SEWER $119,847 TRUNK SANITARY SEWER CREDIT TRUNK WATERMAIN $158,691 TRUNK WATERMAIN CREDIT TOTAL TRUNK SEWER & WATER FEES $278,538 SURFACE WATER MANAGEMENT $81,675 SURFACE WATER MANAGEMENT CREDIT ($13,613) TOTAL SURFACE WATER MANAGEMENT FEES $68,063 Total $346,601 Letter of Credit Amount X 35%$121,320 ESCROW PLANNING REVIEW $1,500 ADMINISTRATION $23,170 ENGINEER PLAN REVIEW $7,500 ENGINEER CONSTRUCTION SERVICES $22,500 PROJECT FINAL DOCUMENTS & CITY ENGINEER $2,500 STREET LIGHT INSTALLATION $15,000 STREET & STORMWATER MAINTENANCE $2,500 PROPERTY TAXES $0 BOULEVARD TREE PLANTING $18,915 Total $93,585 DEVELOPMENT FEE DEPOSIT PARK DEDICATION $100,425 PARK DEDICATION CREDIT (from NP 4th)($37,250) TOTAL PARK DEDICATION FEES $63,175 SEAL COATING FEE $18,181 AERIAL PHOTO FEE $3,510 STREET LIGHTING OPERATION $630 Total $85,496 SUMMARY OF COSTS PUBLIC SURETY DEVELOPER IMP'MENT COSTS $965,250 LETTER OF CREDIT CITY IMPROVEMENT COSTS $121,320 ESCROW $93,585 DEVELOPMENT FEES $85,496 CITY OF LINO LAKES RESOLUTION NO. 17-36 APPROVING PUBLIC IMPROVEMENT SURETY AGREEMENT NORTHPOINTE 5TH ADDITION WHEREAS, the City Council adopted Resolution No. 17-35 on April 24, 2017 approving the Development Agreement and Planned Unit Development Agreement (PUD Agreement) for NorthPointe 5th Addition; and WHEREAS, the PUD Agreement requires financial security of Developer Improvements; and WHEREAS, the Developer is providing the financial security for Developer Improvements with a Public Improvement Surety Agreement. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Public Improvement Surety Agreement for NorthPointe 5th Addition. Adopted by the Council of the City of Lino Lakes this 24th day of April, 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 PUBLIC IMPROVEMENT SURETY AGREEMENT NorthPointe 5th Addition THIS AGREEMENT is entered into on ____________, 2017, by ____________________________ (hereinafter "Escrow Agent"), City of Lino Lakes (hereinafter "City"), and Tony Emmerich Construction, Inc. (hereinafter "Developer"). RECITALS WHEREAS, City and Developer have entered into a Development Contract and Planned Unit Development Agreement dated __________ pursuant to which Developer has agreed to deposit certain funds as identified in Paragraph 2 below in escrow in lieu of a letter of credit; and WHEREAS, Developer agrees to privately construct improvements serving NorthPointe 5th Addition, legally described on Attachment A. The Final Plat is attached hereto as Attachment B; and WHEREAS, City and Developer desire that Escrow Agent disburse the advances and Escrow Agent is willing to do so on the terms and conditions hereinafter set forth yet not providing any title or mechanic lien clearance services; and WHEREAS, capitalized terms used, and not otherwise defined herein, shall have the meanings set forth in the Development Contract & Planned Unit Development Agreement; and NOW THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, it is agreed between the parties as follows: 1. Developer will deposit escrowed funds in the amount of $965,250.00 with Escrow Agent. 2. The Escrow Agent is authorized and directed to disburse the funds deposited hereunder to Developer to pay the costs of construction of the identified improvements (See Attachment C) to be constructed on the described real property as such property is identified in the Development Contract & Planned Unit Development Agreement. The number of permissible draws and the fees to be charged therefore is as is set forth herein. 3. Prior to each disbursement of funds by the Escrow Agent to the Developer, the City and Escrow Agent must be furnished with the following items: 2 a. Sworn Construction Statement, setting forth all contractors and material suppliers with whom the Developer has contracted, the amounts of each contract, the amounts paid-to-date, the amounts being requested, and the balances due. b. The draw request by the Developer for the requested disbursement. c. Written Approval by the City of the disbursement request, which approval shall (i) not be unreasonably withheld or delayed, and (ii) be provided within ten (10) business days following the date submitted by the Escrow Agent [in accordance with Paragraph 7 below] with confirmation from the Escrow Agent that Developer has provided all of the items required to be submitted under this Paragraph 3. Failure by the City to respond to such request within such 10 business day approval period shall automatically be deemed to be City’s approval to same. Escrow Agent may communicate with City electronically relative to these requests. d. Full or partial, up-to-date lien waivers; plus affidavits supporting lien waivers and releases of lien if necessary, in a form satisfactory to Escrow Agent and City. e. A list showing each Contractor/Vendor to be paid from the current Draw Request, the amount of payment, and the category of cost as shown on the Sworn Construction Statement for which such payment are to be made. f. Such other supporting evidence as may be reasonably requested by the City or Escrow Agent to substantiate all payments that are to be made out of the relevant Draw Request and/or to substantiate all payments, then made with respect to the Project. 4. Escrow Agent’s charges for all of the escrow services to be provided for pursuant to this Agreement are $150.00 per draw. 5. No draw requests shall be made by Developer while another is pending or in the event the City has declared default under the Development Contract & Planned Unit Development Agreement. 6. At the time of submission of the final Draw Request, which shall not be submitted before completion of the Project, including all landscape requirements, Developer shall submit to City and Escrow Agent, in addition to the requirements listed in Paragraph 3 above the following: a. A written lien waiver from all Contractors for work done and materials furnished for the Project. 3 b. Such other supporting evidence as may be reasonably requested by the City or Escrow Agent to substantiate all payments, which are to be made out of the final Draw Request and/or to substantiate all payments, then made with respect to the Project. c. Satisfactory evidence that all work requiring inspection by Governmental Authorities having jurisdiction, including the City, has been duly inspected and approved by such authorities and that all requisite certificates of occupancy, if applicable, and other approvals have been issued. d. Final Sworn Construction Statement. e. The Developer’s general contractor shall submit a 2 year warranty bond, in a form satisfactory to the City Attorney, from the date of Project acceptance and all required IC-134 documents. 7. Not later than five business days following receipt of the documents delivered to it pursuant to the above paragraphs, the Escrow Agent will notify in writing the City as to whether the delivered documents are satisfactory to it. If documents are missing, the Escrow Agent will advise City and Developer. If the documents are supplied to the satisfaction of the City and Escrow Agent, Escrow Agent will within 3 business days transmit to the Developer the amount applied for in the relevant draw request. 8. Developer will pay parties identified in the relevant draw request, the amounts shown therein. Payment will only be made upon receipt of signed lien waivers for the amount requested. 9. The Escrow Agent will keep and maintain books and records in sufficient detail to reflect the disbursements made by it hereunder. City and Developer may, during normal business hours, examine the books and records of Escrow Agent pertaining to the disbursements made by it hereunder. The Escrow Agent shall notify the City and Developer when fund balance is less than $25,000. 10. No liability is assumed by Escrow Agent or City to the Developer or contractors as regards protection against mechanic's lien or title claims. 11. Functions and duties assumed by the Escrow Agent include only those described in this Agreement, and the Escrow Agent is not obligated to act except in accordance with the terms and conditions of this Agreement. Escrow Agent does not insure that the building or construction will be completed, or that the building when completed will be in accordance with the plans and specifications, or that sufficient funds will be available for completion. The funds placed in escrow shall be maintained in a non-interest bearing account 4 12. Escrow Agent acknowledges receipt of escrowed funds upon execution of this document. 13. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 14. This Agreement can be amended or modified only by a written Amendment, written and signed by all of the parties hereto. 15. Escrow Agent shall place all received funds in a FDIC insured account. 16. Prior to the execution of this Agreement, the Escrow Agent shall submit financial statements to the City Attorney for review and approval. 17. If directed by the City in its reasonable business judgment, the Developer shall submit additional security to address change orders or unanticipated Project costs which costs will be reasonably agreed upon by the City and Developer. 18. The parties hereto, agree that each party’s legal cost incurred to draft and / or negotiate this Agreement on behalf of such party shall be the sole responsibility of the party incurring same. 19. Time is of the essence as to each provision of this Agreement. 20. All notices required or permitted under this Agreement shall be (i) delivered to the addresses set forth below, and (ii) mailed, delivered or transmitted by one party to the other(s) and such notice shall be deemed given and effective: upon receipt if personally delivered; upon receipt if sent by telecopy or electronic mail; upon receipt or upon the date of first attempted delivery, if sent by certified or registered mail with postage prepaid, return receipt requested, or if sent by Federal Express or other nationally recognized carrier service; or upon receipt if sent in any other way. Any party hereto may from time to time, by written notice to the other parties, designate a different address which shall be substituted for the one specified below. 21. In the event the City declares default under the Development Contract & Planned Unit Development Agreement this Escrow agreement shall terminate and all funds held in escrow shall be remitted to the City for application to obligations specified under the Development Contract & Planned Unit Development Agreement Escrow Agent: Registered Abstracters, Inc. Attn: Jan Thomas 2115 N. 3rd Avenue Anoka, MN 55303 5 City: City of Lino Lakes Attn: Michael Grochala 600 Town Center Parkway Lino Lakes, Minnesota 55014 Developer: Tony Emmerich Construction, Inc. Attn: Baleen K. Roberts, President 4920 173rd Avenue NE Ham Lake, Minnesota 55304 22. This Agreement may be executed in any number of counterparts, each of which shall be an original but all of which shall constitute one and the same instrument. The delivery of an executed counterpart of this Agreement by facsimile or PDF or similar attachment to an email in accordance with Paragraph 21 above shall constitute effective delivery of such counterpart for all purposes with the same force and effect as the delivery of an original, executed counterpart. 23. All remaining funds, following City review and approval, shall be sent to the Developer in a timely manner. 6 ESCROW AGENT _________________________ Escrow Agent STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _______ day of _______________, 2016, before me, a Notary Public within and for said County, personally appeared ________________________ (Escrow Agent), who executed the foregoing instrument. ______________________________ Notary Public DEVELOPER CITY OF LINO LAKES By ______________________ By _________________________ Baleen K. Roberts, President Mayor Its ______________________ Tony Emmerich ATTEST: Construction, Inc. By _________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2016, by Jeff Reinert as Mayor of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public 7 STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2016 by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF __________ ) On this _______ day of _______________, 2016, 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 8 ATTACHMENT A Legal Description Outlot A, B, C and D, NORTHPOINTE 4TH ADDITION and Outlot A, NORTHPOINTE 3RD ADDITION, according to the recorded plot thereof, Anoka County, Minnesota. 9 ATTACHMENT B Final Plat ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYING NORTHPOINTE 5TH ADDITION INSET 'A'(SEE SHEET 2 OF 2 SHEETS)INSET 'A' (SEE SHEET 2 OF 2 SHEETS)INSET 'B'(SEE SHEET 2 OF 2 SHEETS) NORTHPOINTE 5TH ADDITION ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGINSET 'A'INSET 'B'ROSEWOOD STREET CHESTNUTSTREET21 S T AV E . S.DOGWOODSTREET 4/ 19/ 2017 ATTACHMENT C PROJECT: NorthPointe 5th Addition NUMBER OF REU's:39 APPLICANT: Tony Emmerich Construction, Inc NO. OF LOT FRONTAGES 39 AREA(Lots, RW, OL A,B,C):12.5 IMPROVEMENTS COST DEVELOPER IMPROVEMENT COSTS SITE GRADING $0 EROSION CONTROL $4,000 LANDSCAPING $5,000 TRAIL AND SIDEWALK $24,900 STREETS $331,800 STORM SEWER CONST.$107,300 SANITARY SEWER CONST.$145,900 WATERMAIN CONST.$147,300 ENGINEERING & SURVEYING $6,000 Total $772,200 Public Improvement Surety Amount X 125%$965,250 CITY IMPROVEMENT COSTS TRUNK SANITARY SEWER $119,847 TRUNK SANITARY SEWER CREDIT TRUNK WATERMAIN $158,691 TRUNK WATERMAIN CREDIT TOTAL TRUNK SEWER & WATER FEES $278,538 SURFACE WATER MANAGEMENT $81,675 SURFACE WATER MANAGEMENT CREDIT ($13,613) TOTAL SURFACE WATER MANAGEMENT FEES $68,063 Total $346,601 Letter of Credit Amount X 35%$121,320 ESCROW PLANNING REVIEW $1,500 ADMINISTRATION $23,170 ENGINEER PLAN REVIEW $7,500 ENGINEER CONSTRUCTION SERVICES $22,500 PROJECT FINAL DOCUMENTS & CITY ENGINEER $2,500 STREET LIGHT INSTALLATION $15,000 STREET & STORMWATER MAINTENANCE $2,500 PROPERTY TAXES $0 BOULEVARD TREE PLANTING $18,915 Total $93,585 DEVELOPMENT FEE DEPOSIT PARK DEDICATION $100,425 PARK DEDICATION CREDIT (from NP 4th)($37,250) TOTAL PARK DEDICATION FEES $63,175 SEAL COATING FEE $18,181 AERIAL PHOTO FEE $3,510 STREET LIGHTING OPERATION $630 Total $85,496 SUMMARY OF COSTS PUBLIC SURETY DEVELOPER IMP'MENT COSTS $965,250 LETTER OF CREDIT CITY IMPROVEMENT COSTS $121,320 ESCROW $93,585 DEVELOPMENT FEES $85,496 NorthPointe 5th Addition City Council Meeting April 24, 2017 1 Land Use Application •Final Plat for NorthPointe 5th Addition •39 lots •4 Outlots 2 NorthPointe•94 gross acre site •216 Single Family Units •11 Future Single Family Units •88 unit multi-family age-restricted •315 TOTAL UNITS 3 4 5 6 7 39 lots Subdivision Ordinance•Final plat is compliant with the comprehensive plan, zoning and subdivision ordinance. •Proposed development is not considered premature and meets the performance standards of the subdivision and zoning ordinance. •Final plat is consistent with the PUD Development Stage Plan/Preliminary Plat and Final Plan. 8 Phasing Plan 9 Phase # Lots 1 21 2 40 3 41 4 31 5 39 6 TBD 7 TBD 8 TBD TOTAL 172 TOTAL SF Lots in NP =215 -# Lots Platted to Date =172 # Lots Remaining1 =43 Blocks and Lots•Creates 39 lots and 4 outlots. •Outlots A and D •future development •Outlot B and C •stormwater management •wetland protection 10 11 VACATE D&U EASEMENT •NorthPointe 3rd Addition, Outlot A •NorthPointe 4th Addition, Outlot C Easement will be re-dedicated on the plat of NorthPointe 5th Addition. City Council will hold the public hearing tonight for the vacation. Public Land Dedication & Fees•Combination of land dedication and cash in lieu of land for the entire NorthPointe development. •Outlot D dedicated to the City in NP 4th as parkland 12 Public Land Dedication 13 NorthPointe 5th Addition Total #of Lots =39 x Park Dedication fee $2,575 = Cash in Lieu Value $100,425 Cash in Lieu Value $100,425 -Negative Balance NP 4th ($37,250) = Total Due for NP 5th $63,175 14 •Park construction start Summer 2017. •City will install trails. Planning & Zoning Board•P&Z reviewed NP 5th on April 12, 2017 •Recommend approval of the NorthPointe 5th Addition final plat subject to the conditions listed in the staff report. 15 Council Actioni)PUBLIC HEARING: Consider 1st Reading of Ordinance No. 04-17, Vacating Drainage & Utility Easements, Outlot A, NorthPointe 3rd Addition & Outlot C, NorthPointe 4th Addition ii)Consider Resolution No. 17-34 Approving PUD Final Plan/Final Plat iii)Consider Resolution No. 17-35 Approving Development Agreement iv)Consider Resolution No. 17-36 Approving Public Improvement Surety Agreement 16