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HomeMy WebLinkAbout07-10-2017 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, July 10, 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 CITY COUNCIL MEETING, 6:30 P.M.  Roll Call - Council Members Rafferty, Kusterman, Manthey, Maher and Mayor Reinert were present  Pledge of Allegiance  Open Mike / Public Comment - none  Setting the Agenda: Addition or deletion of agenda items The agenda was approved as presented SPECIAL PRESENTATION 2017 Lino Lakes Ambassadors and Ambassador Candidates 1. CONSENT AGENDA A) Consideration of Expenditures: 1) June 26, 2017 (Check No. 106046 through 106286 minus check #106245) in the amount of $762,219.83 July 10, 2017 (Check No. 106287 through 106371) in the amount of $287,182.93. B) Consider Approval of June 26, 2017 Work Session Minutes C) Consider Approval of June 26, 2017 Council Meeting Minutes D) Consider Resolution 17-69, Approving a Peddler License for Heartland Roofing & Siding E) Consider Resolution 17 – 70, Approving a Peddler License for Pro 1 Construction Roofing & Siding F) Consideration of Not Waiving Monetary Limits on Tort Liability per MN Statute 466.04 G) Consider Approval of June26, 2017 Special Council Session Minutes H) Consider Resolution 17-71, Approving a Peddler License for Aspen Contracting Comment by Council Member Maher that this company has been aggressively soliciting prior to approval of a license I) Consider Resolution 17-72, Approving a Peddler License for Berkshire Home Solutions Action Taken: Motion by Rafferty, seconded by Maher, to approve the Consent Agenda, Items 1A through 1H as presented, was adopted Council Agenda -2- July 10, 2017 EXPANDED AGENDA 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Approval of 2018 North Metro Telecommunications Commission Budget, Jeff Karlson Action Taken: Motion by Maher, seconded by Rafferty, to approve the budget as presented, was adopted B) Consider Appointment of Recycling Intern, Jeff Karlson Action Taken: Motion by Manthey, seconded by Kusterman, to approve the hiring of Madelyn Pelon as recommended, was adopted C) Consider Appointment of Scanner Operator, Jeff Karlson Action Taken: Motion by Manthey, seconded by Kusterman, to approve the hiring of Rusty Ray as recommended, was adopted D) Consider Approval of Check No. 105980 in the amount of $764.30 for CNH Architects, Jeff Karlson Action Taken: Motion by Kusterman, seconded by Manthey, to approve the payment to CNH Architects as recommended, was adopted (Mayor Reinert voted no) 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider Donation of Fire Equipment to Centennial Fire District, John Swenson Action Taken: Motion by Manthey, seconded by Kusterman, to approve the donation of fire equipment as recommended, was adopted 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) NorthPointe 6th Addition, Katie Larsen i. Consider 2nd Reading of Ordinance No. 05-17, Vacating Drainage & Utility Easements (Outlot D, NorthPointe 5th Addition) Action Taken: Motion by Kusterman, seconded by Manthey, to approve the 2nd Reading and adoption of Ordinance No. 05-17 as presented, was adopted: Yeas, 5; Nays none ii. Consider Resolution No. 17-58 Approving PUD Final Plan/Final Plat Action Taken: Motion by Kusterman, seconded by Manthey, to approve Resolution No. 17-58 as presented, was adopted iii. Consider Resolution No. 17-59 Approving Development Agreement Action Taken: Motion by Kusterman, seconded by Manthey, to approve Resolution No. 17-59 as presented, was adopted Updated July 7, 2017 CITY COUNCIL AGENDA Monday, July 10, 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 CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call  Pledge of Allegiance  Open Mike / Public Comment  Setting the Agenda: Addition or deletion of agenda items  SPECIAL PRESENTATION  2017 Lino Lakes Ambassadors and Ambassador Candidates 1. CONSENT AGENDA A) Consideration of Expenditures: 1) June 26, 2017 (Check No. 106046 through 106286 minus check #106245) in the amount of $762,219.83 July 10, 2017 (Check No. 106287 through 106371) in the amount of $287,182.93. B) Consider Approval of June 26, 2017 Work Session Minutes C) Consider Approval of June 26, 2017 Council Meeting Minutes D) Consider Resolution 17-69, Approving a Peddler License for Heartland Roofing & Siding E) Consider Resolution 17 – 70, Approving a Peddler License for Pro 1 Construction Roofing & Siding F) Consideration of Not Waiving Monetary Limits on Tort Liability per MN Statute 466.04 G) Consider Approval of June26, 2017 Special Council Session Minutes H) Consider Resolution 17-71, Approving a Peddler License for Aspen Contracting I) Consider Resolution 17-72, Approving a Peddler License for Berkshire Home Solutions 2. FINANCE DEPARTMENT REPORT No report Council Agenda -2- July 10, 2017 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Approval of 2018 North Metro Telecommunications Commission Budget, Jeff Karlson B) Consider Appointment of Recycling Intern, Jeff Karlson C) Consider Appointment of Scanner Operator, Jeff Karlson D) Consider Approval of Check No. 105980 in the amount of $764.30 for CNH Architects, Jeff Karlson 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider Donation of Fire Equipment to Centennial Fire District, John Swenson 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) NorthPointe 6th Addition, Katie Larsen i. Consider 2nd Reading of Ordinance No. 05-17, Vacating Drainage & Utility Easements (Outlot D, NorthPointe 5th Addition) *Council may vote to dispense with full reading of ordinance *Roll call vote is required for adoption of the ordinance ii. Consider Resolution No. 17-58 Approving PUD Final Plan/Final Plat iii. Consider Resolution No. 17-59 Approving Development Agreement B) Chavez Preserve, Katie Larsen i. Consider Resolution No. 17-60 Approving Variances ii. Consider Resolution No. 17-61 Approving Final Plat iii. Consider Resolution No. 17-62 Approving Development Agreement iv. Consider Resolution No. 17-68 Approving Stormwater Management Facility Maintenance Agreement C) Consider Resolution No. 17-63 Approving Preliminary Plat for Houle Addition, Katie Larsen D) Golden Acre, Katie Larsen i. Consider Resolution No. 17-64 Approving Variances ii. Consider Resolution No. 17-65 Approving Preliminary Plat iii. Consider Resolution No. 17-66 Approving Final Plat iv. Consider Resolution No. 17-67 Approving Development Agreement 7. UNFINISHED BUSINESS None Council Agenda -3- July 10, 2017 8. NEW BUSINESS None Adjournment Community Calendar – A Look Ahead July 10, 2017 through July 24, 2017 Monday, July 10 6:30 pm, Council Chambers Park Board Wednesday, July 12 6:30 pm, Council Chambers Planning & Zoning Monday, July 24 6:00 pm, Community Room Council Work Session Monday, July 24 6:30 pm, Council Chambers City Council Meeting Council Agenda -3- July 10, 2017 EXPANDED AGENDA iv. B) Chavez Preserve, Katie Larsen i. Consider Resolution No. 17-60 Approving Variances Action Taken: Motion by Kusterman, seconded by Manthey, to approve Resolution No. 17-60 as presented, was adopted ii. Consider Resolution No. 17-61 Approving Final Plat Action Taken: Motion by Kusterman, seconded by Manthey, to approve Resolution No. 17-61 as presented, was adopted iii. Consider Resolution No. 17-62 Approving Development Agreement Action Taken: Motion by Kusterman, seconded by Manthey, to approve Resolution No. 17-62 as presented, was adopted iv. Consider Resolution No. 17-68 Approving Stormwater Management Facility Maintenance Agreement Action Taken: Motion by Kusterman, seconded by Manthey, to approve Resolution No. 17-68 as presented, was adopted C) Consider Resolution No. 17-63 Approving Preliminary Plat for Houle Addition, Katie Larsen Action Taken: Motion by Rafferty, seconded by Maher, to approve Resolution No. 17-63 as presented, was adopted D) Golden Acre, Katie Larsen i. Consider Resolution No. 17-64 Approving Variances Action Taken: Motion by Rafferty, seconded by Maher, to approve Resolution No. 17-64 as presented, was adopted ii. Consider Resolution No. 17-65 Approving Preliminary Plat Action Taken: Motion by Rafferty, seconded by Maher, to approve Resolution No. 17-65 as presented, was adopted iii. Consider Resolution No. 17-66 Approving Final Plat Action Taken: Motion by Rafferty, seconded by Maher, to approve Resolution No. 17-66 as presented, was adopted iv. Consider Resolution No. 17-67 Approving Development Agreement Action Taken: Motion by Rafferty, seconded by Maher, to approve Resolution No. 17-67 as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Council Agenda -4- July 10, 2017 EXPANDED AGENDA Adjournment Motion by Rafferty, seconded by Manthey, to adjourn at 8:10p.m. , was adopted Community Calendar – A Look Ahead July 10, 2017 through July 24, 2017 Monday, July 10 6:30 pm, Council Chambers Park Board Wednesday, July 12 6:30 pm, Council Chambers Planning & Zoning Monday, July 24 6:00 pm, Community Room Council Work Session Monday, July 24 6:30 pm, Council Chambers City Council Meeting CITY COUNCIL WORK SESSION June 26, 2017 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : June 26, 2017 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 6:23 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Kusterman, 7 Maher, Manthey and Mayor Reinert 8 MEMBERS ABSENT : None 9 10 Staff members present: Public Safety Director John Swenson; Community Development 11 Director Grochala; Public Services Director Rick DeGardner; City Planner Katie Larsen; 12 City Clerk Julie Bartell. 13 14 Review Regular Agenda of June 26, 2017 15 16 It was noted by the council that the list of city expenditures (Item 1A on the Consent 17 Agenda) was essentially missing from the packet (only the first page appearing). There 18 was one paper copy available for review and the clerk informed the council that the full 19 expenditure list would be added to electronic packet before the council meeting began. 20 The council eventually concurred that they would not act on the expenditures since they 21 could not review them prior to the meeting. 22 23 Item 3A, Consider 2nd Reading and Adoption of Ordinance No. 03-17, Relating to 24 Liquor and Beer Sales on Sunday- City Clerk Bartell recalled that the council 25 previously approved the first reading of this ordinance that amends the City Code to allow 26 off-sale liquor sales on Sundays between the hours of 11:00 a.m. and 6:00 p.m., as 27 approved by the Minnesota Legislature this year. This would give off-sale store owners 28 the option of opening on Sundays with no additional licensing costs. Owners will be 29 informed through the city’s correspondence on their regular licensing which renews on 30 July 1. 31 32 Item 4A, Consider Hiring Paid On-Call Firefighter – Public Safety Director Swenson 33 reviewed his recommendation that the council hire Jacob Cree. Mr. Cree is a resident of 34 Lino Lakes and would be stationed at Fire Station No. 1. He has five years of 35 firefighting experience with St. Anthony Village and is trained as an EMT. 36 37 Item 5A, Consider Resolution No. 17-57, Approving Purchase of Playground 38 Equipment for NorthPointe Park – Public Services Director DeGardner explained the 39 location of the new park area. An open house was held at Fire Station No. 2 to receive 40 input from the residents on the park and equipment. The Park Board will be reviewing 41 the purchase plans also. The anticipated installation is September of this year and 42 residents are invited to participate. 43 44 CITY COUNCIL WORK SESSION June 26, 2017 DRAFT 2 Item 6A, NorthPointe 6th Addition, Public Hearing and Consider 1st Reading of 45 Ordinance No. 05-17, Vacating Drainage and Utility Easement (Outlot D, 46 NorthPoint 5th Addition) – City Planner Larsen briefly reviewed the area included in 47 this latest addition to the NorthPointe Development. The ordinance presented to the 48 council for consideration is a vacation of drainage and utility easement as has been 49 standard for final plat approval within this development process. She noted that Eternity 50 Homes has purchased these 50 foot lots from Emmerich Homes. 51 52 The council received a brief overview from Community Development Director Grochala 53 on the matter the council will discuss at their special meeting – the land ownership 54 change relative to the Watermark project. He noted that updated plans were just recently 55 received so staff has not had time for a detailed review. Mr. Grochala briefly reviewed 56 the proposed lot size changes and the new products that would be offered by the proposed 57 new developer, Lennar Homes. There may be timing changes relative to the landscaping 58 and park elements and that could be something that merits discussion. At the meeting, 59 the developer will give an overview. 60 61 The meeting was adjourned at 6:23 p.m. 62 63 These minutes were considered, corrected and approved at the regular Council meeting held on 64 July 10, 2017. 65 66 67 68 69 Julianne Bartell, City Clerk Jeff Reinert, Mayor 70 71 COUNCIL MINUTES June 26, 2017 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 4 DATE : June 26, 2017 5 TIME STARTED : 6:30 p.m. 6 TIME ENDED : 6:55 p.m. 7 MEMBERS PRESENT : Council Member Rafferty, Kusterman, Maher, 8 Manthey, and Mayor Reinert 9 MEMBERS ABSENT : none 10 11 Staff members present: Community Development Director Michael Grochala; Director of Public 12 Safety John Swenson; Public Services Director Rick DeGardner; City Planner Katie Larsen; and City 13 Clerk Julie Bartell 14 15 PUBLIC COMMENT 16 17 No one was present to address the council regarding a matter not on the agenda. 18 19 SETTING THE AGENDA 20 21 Mayor Reinert indicated that Items 1A and 1D would be pulled from the agenda, in order to allow 22 further discussion/review. 23 24 CONSENT AGENDA 25 26 Council Member Rafferty moved to approve Consent Agenda Item 1B, as presented. Council 27 Member Maher seconded the motion. Motion carried on a voice vote. 28 29 Council Member Rafferty moved to approve Consent Agenda Item 1C. Council Member Maher 30 seconded the motion. Motion carried on a voice vote. Council Member Kusterman abstained from 31 voting. 32 33 Later in the meeting, Public Safety Director Swenson asked the council consider an item on the 34 expenditures list. A payment to the Minnesota POST Board is due at the end of June and he 35 recommends council authorization to proceed with that payment. The council concurred with the 36 payment of $540. Mayor Reinert moved to approve the expenditure; Council Member Rafferty 37 seconded and the motion carried on a voice vote. 38 39 ITEM ACTION 40 41 Consideration of Expenditures: 42 43 June 26, 2017 (Check No. 106046 – 44 106286, $762,759.83) Pulled from agenda 45 COUNCIL MINUTES June 26, 2017 DRAFT 2 46 June 5, 2017 Council Work Session Minutes Approved 47 48 June 12, 2017 City Council Meeting 49 Minutes Approved 50 51 Consideration of Not Waiving Monetary Limits 52 On Tort Liability per MN Statute 466.04 Pulled from agenda 53 54 FINANCE DEPARTMENT REPORT 55 56 There was no report from the Finance Department. 57 58 ADMINISTRATION DEPARTMENT REPORT 59 60 3A) Consider 2nd Reading and Adoption of Ordinance No. 03-17, Relating to Liquor and 61 Beer Off-Sales on Sunday – City Clerk Bartell explained that the State Legislature approved and the 62 governor signed a law that legalizes the off-sale of liquor on Sundays, effective July 1, 2017, with 63 sales to be allowed between the hours of 11:00 a.m. and 6:00 p.m. She indicated that city staff has 64 reviewed the city’s liquor regulations and prepared an ordinance that would bring the city code into 65 concurrence with the new state law. If the ordinance is finally approved by the council (receives first 66 and second reading), staff will proceed to inform the city’s off-sale license holders as part of their 67 annual license renewal on July 1. First reading of the ordinance was approved by the council on June 68 12, 2017. 69 70 Council Member Maher moved to waive the full reading of Ordinance No. 03-17. Council Member 71 Rafferty seconded the motion. Motion carried on a voice vote. 72 73 Council Member Rafferty moved to approve the 2nd Reading and adoption of Ordinance No. 03-17 74 as presented. Council Member Maher seconded the motion. Motion carried: Yeas, 5; Nays none. 75 76 PUBLIC SAFETY DEPARTMENT REPORT 77 78 4A) Consider Hiring Paid On-Call Firefighter – Public Safety Director Swenson reviewed his 79 recommendation to hire Jacob Cree as a Lino Lakes Paid On-Call Firefighter. He reviewed Mr. 80 Cree’s experience/current employment and proposed assignment. He updated the council on current 81 Paid On-Call staffing levels (20 over both stations). 82 83 Council Member Maher moved to approve hiring Jacob Cree as Paid On-Call Firefighter effective 84 July 1, 2017. Council Member Rafferty seconded the motion. Motion carried on a voice vote. 85 86 PUBLIC SERVICES DEPARTMENT REPORT 87 88 5A) Consider Resolution No. 17-57, Approving the Purchase of Playground Equipment for 89 NorthPointe Park – Public Services Director DeGardner reviewed his written report outlining the 90 COUNCIL MINUTES June 26, 2017 DRAFT 3 RFP process used to selected a vendor for the project, including a specified budget. He also reviewed 91 the components of the park equipment, and the safety review element that was included. Vendors 92 were allowed to set up their equipment displays at Fire Station No. 2 for review by residents. He 93 reviewed the schedule proposed for installation of the equipment. His recommendation is to award 94 the project to Northland Recreation LLC for installation in September of this year. 95 96 Mayor Reinert noted and the council concurred that they prefer to see parks developed at the onset of 97 developments so that the residents can enjoy them right away. 98 99 Council Member Manthey moved to approve Resolution No. 17-57 as presented. Council Member 100 Kusterman seconded the motion. Motion carried on a voice vote. 101 102 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 103 104 6A) NorthPointe 6th Addition: i. Public Hearing; Consider 1st Reading of Ordinance No. -105 05-17, Vacating Drainage and Utility Easement (Outlot D, NorthPointe 5th Addition)- City 106 Planner Larsen reviewed her written report requesting approval of an ordinance vacating drainage and 107 utility easements for the NorthPointe 6th Addition, a 15 lot subdivision within that development. A 108 public hearing is required for this type of vacation. The council will see additional approval requests 109 related to this addition at the second reading on July 10. 110 111 Mayor Reinert opened the public hearing. 112 113 There being no one present wishing to speak, the public hearing was closed. 114 115 Council Member Maher moved to approve the first reading of Ordinance No. 05-17 as presented. 116 Council Member Kusterman seconded the motion. Motion carried on a voice vote. 117 118 UNFINISHED BUSINESS 119 120 There was no Unfinished Business. 121 122 NEW BUSINESS 123 124 There was no New Business. 125 126 COMMUNITY EVENTS 127 128 PUPPET SHOW IN THE PARK will be held at Clearwater Creek Park, 2270 Tart Lake Road, on 129 Wednesday, June 28 at 7:00 p.m. 130 131 BEYOND THE YELLOW RIBBON - Beyond the Yellow Ribbon Lino Lakes is proud to be teaming 132 up with the Chain of Lakes Rotary, Quad Chamber and the Lino Lake Business Community to 133 provide dinner at Veterans Campground on Big Marine Lake. Active military, veterans along with 134 their families and BTYR volunteers are invited to this free evening on June 29 of dining and 135 COUNCIL MINUTES June 26, 2017 DRAFT 4 socializing. There will be free transportation by bus leaving from the American Legion in Lino Lakes 136 or you may drive yourself. The bus boards at 5:20 p.m. We will be leaving the campgrounds at 8pm. 137 Sign up at the American Legion in Lino Lakes or on the Beyond the Yellow Ribbon City website. 138 139 COMMUNITY CALENDAR 140 141 Community Calendar – A Look Ahead 142 June 26, 2017 through July 10, 2017 143 Tuesday, July 4 CLOSED INDEPENDENCE DAY 144 Wednesday, July 5 6:00 pm, Community Room Council Work Session 145 Thursday, July 6 8:00 am, Community Room EDAC 146 Monday, July 10 6:30 pm, Council Chambers Council Meeting 147 Monday, July 10(resched) 6:30 pm, Community Room Park Board 148 149 ADJOURN 150 151 There being no further business, Council Member Maher moved to adjourn at 6:55 p.m. Council 152 Member Kusterman seconded the motion. Motion carried on a voice vote. 153 154 These minutes were considered and approved at the regular Council Meeting, July 10, 2017. 155 156 157 158 159 Julianne Bartell, City Clerk Jeff Reinert, Mayor 160 161 CITY COUNCIL AGENDA ITEM 1D STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk MEETING DATE: July 10, 2017 TOPIC: Resolution No. 17-69, Approving a Peddler License for Heartland Roofing & Siding VOTE REQUIRED: 3/5 BACKGROUND Heartland Roofing and Siding, 716 Taylor Lane, Madrid, IA has submitted a peddler’s license application to the city clerk's office. The company representatives who will be working in Lino Lakes are Matthew Stever, Chad Bateson and Bryan Linnemeyer. The group plans to travel through the Lino Lakes’ neighborhoods setting up appointments for free estimates for window, siding, roofing, etc. The City has received all the necessary forms required to issue this company a license. The Lino Lakes Public Safety Department has performed background checks and indicated no reason to deny the application. The application and all other required information is on file in the city clerk's office for review. RECOMMENDATION Approve Resolution No. 17-69, Approving the issuance of a peddler license for Heartland Roofing & Siding for a six month period commencing July 11, 2017. CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 17-69 APPROVING A PEDDLER LICENSE FOR HEARTLAND ROOFING WHEREAS, Heartland Roofing has submitted a peddlers license application to the city clerk's office; and WHEREAS, Heartland Roofing has complied with all of the provisions of Chapter 613 of the Lino Lakes City Code for obtaining the necessary license for a for-profit business; and WHEREAS, a background check on the company representatives who will be working in Lino Lakes have been completed by the Public Safety Department; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: Matthew Stever, Chad Bateson and Bryan Linnemeyer, representative of Heartland Roofing are hereby authorized to vend for a period of six-months beginning July 11, 2017 and ending January 11, 2017. Adopted by the Council of the City of Lino Lakes this 10th day of July, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________ and was duly seconded by Council Member ___________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _____________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk MEETING DATE: July 10, 2017 TOPIC: Resolution No. 17-70, Approving a Peddler License for Pro 1 Construction Inc. VOTE REQUIRED: 3/5 BACKGROUND Pro 1 Construction Inc., 2314 N. Ferry Street, Anoka, MN has submitted a peddler’s license application to the city clerk's office. The company representatives who will be working in Lino Lakes are Christopher Platzer and Jerald Galloway. The group plans to travel through the Lino Lakes’ neighborhoods setting up appointments for free estimates for window, siding, roofing, etc. The City has received all the necessary forms required to issue this company a license. The Lino Lakes Public Safety Department has performed background checks and indicated no reason to deny the application. The application and all other required information is on file in the city clerk's office for review. RECOMMENDATION Approve Resolution No. 17-70, Approving the issuance of a peddler license for Pro 1 Construction Inc. for a six month period commencing July 11, 2017. CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 17-70 APPROVING A PEDDLER LICENSE FOR PRO 1 CONSTRUCTION INC. WHEREAS, Pro 1 Construction Inc., has submitted a peddlers license application to the city clerk's office; and WHEREAS, Pro 1 Construction Inc., has complied with all of the provisions of Chapter 613 of the Lino Lakes City Code for obtaining the necessary license for a for-profit business; and WHEREAS, a background check on the company representatives who will be working in Lino Lakes have been completed by the Public Safety Department; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: Christopher Platzer and Jerald Galloway, representatives of Pro 1 Construction Inc., are hereby authorized to vend for a period of six-months beginning July 11, 2017 and ending January 11, 2017. Adopted by the Council of the City of Lino Lakes this 10th day of July, 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 CONSENT AGENDA ITEM 1F STAFF ORIGINATOR: Sarah Cotton MEETING DATE: July 10, 2017 TOPIC: Consideration of Not Waiving Monetary Limits on Tort Liability per MN Statute 466.04 VOTE REQUIRED: 3/5 INTRODUCTION As a part of the annual insurance renewal process the City Council is being asked by the League of Minnesota Cities Insurance Trust to update the Liability Coverage Waiver Form. BACKGROUND Each year, the City has the option of waving its monetary limits on tort liability to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city does waive the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $2,000,000 on a single occurrence (under this option, the tort cap liability limits are waived to the extent of the city’s liability coverage limits, and the LMCIT per occurrence limit is $2,000,000). The total which all claimants would be able to recover for a single occurrence to which the statutory limits apply would also be limited to $2,000,000, regardless of the number of claimants. If the city does waive the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. The city carries $1,000,000 in excess liability coverage ($1,000,000 per occurrence and annual limit). The City of Lino Lakes has never waived its’ monetary limits on tort liability. RECOMMENDATION The city does not wish to waive the monetary limits on municipal tort liability established by Minnesota Statutes, Section 466.04. ATTACHMENT Liability Coverage – Waiver Form MN Statute, Chapter 466 CHAPTER 466​ TORT LIABILITY, POLITICAL SUBDIVISIONS​ DEFINITIONS.​466.01​ TORT LIABILITY.​466.02​ EXCEPTIONS.​466.03​ MAXIMUM LIABILITY.​466.04​ NOTICE OF CLAIM.​466.05​ LIABILITY INSURANCE.​466.06​ INDEMNIFICATION.​466.07​ COMPROMISE OF CLAIMS.​466.08​ PAYMENT OF JUDGMENTS.​466.09​ LAW ENFORCEMENT COSTS.​466.101​ RELATION TO CHARTERS AND SPECIAL LAWS.​466.11​ INDEMNIFICATION BY STATE.​466.131​ INDEMNIFICATION BY STATE.​466.132​ CIVIL DAMAGES ACT, APPLICATION.​466.15​ 466.01 DEFINITIONS.​ Subdivision 1. Municipality. For the purposes of sections 466.01 to 466.15, "municipality" means any​ city, whether organized under home rule charter or otherwise, any county, town, public authority, public​ corporation, nonprofit firefighting corporation that has associated with it a relief association as defined in​ section 424A.001, subdivision 4, special district, school district, however organized, county agricultural​ society organized pursuant to chapter 38, joint powers board or organization created under section 471.59​ or other statute, public library, regional public library system, multicounty multitype library system, the​ following local collaboratives whose plans have been approved by the Children's Cabinet: family services​ collaboratives established under section 124D.23, children's mental health collaboratives established under​ sections 245.491 to 245.495, or a collaborative established by the merger of a children's mental health​ collaborative and a family services collaborative, other political subdivision, community action agency, or​ a limited partnership in which a community action agency is the sole general partner.​ Subd. 2. Governing body of a town, school district. For the purposes of sections 466.01 to 466.15,​ the "governing body of a town" means the board of supervisors thereof; "school district" includes an​ unorganized territory as defined in Minnesota Statutes 1961, section 120.02, subdivision 17.​ Subd. 3. Release, hazardous substance. For the purposes of sections 466.01 to 466.15, "release" and​ "hazardous substance" have the meanings given in section 115B.02.​ Subd. 4. [Repealed, 1997 c 7 art 1 s 140]​ Subd. 5. [Repealed, 1997 c 7 art 1 s 140]​ Subd. 6. Employee, officer, or agent. For the purposes of sections 466.01 to 466.15, "employee,"​ "officer," or "agent" means a present or former employee, officer, or agent of a municipality, or other person​ acting on behalf of the municipality in an official capacity, temporarily or permanently, with or without​ compensation, but does not include an independent contractor other than a nonprofit firefighting corporation​ that has associated with it a relief association as defined in section 424A.001, subdivision 4. "Employee"​ includes court administrators who are not under section 480.181, subdivision 1, paragraph (b), and their​ staff under chapter 485, district administration staff in the Second and Fourth Judicial Districts, and other​ employees within the court system whose salaries are paid by the county, other than employees who remain​ on the county payroll under section 480.181, subdivision 2.​ History: 1963 c 798 s 1; 1973 c 123 art 5 s 7; 1978 c 659 s 3; 1983 c 121 s 27; 1983 c 280 s 2; 1986​ c 395 s 12,13; 1986 c 455 s 64; 1988 c 708 s 7; 1989 c 335 art 3 s 12; 1994 c 632 art 4 s 75; 1996 c 412​ art 3 s 34; 1996 c 448 art 6 s 1,2; 1997 c 203 art 5 s 23; 1998 c 397 art 11 s 3; 1999 c 205 art 1 s 59; 1999​ c 216 art 7 s 25; 1Sp2003 c 14 art 11 s 11; 2004 c 193 s 1​ Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 466.01​MINNESOTA STATUTES 2016​1​ 466.02 TORT LIABILITY.​ Subject to the limitations of sections 466.01 to 466.15, every municipality is subject to liability for its​ torts and those of its officers, employees and agents acting within the scope of their employment or duties​ whether arising out of a governmental or proprietary function.​ History: 1963 c 798 s 2; 1976 c 2 s 142​ 466.03 EXCEPTIONS.​ Subdivision 1. Scope. Section 466.02 does not apply to any claim enumerated in this section. As to any​ such claim every municipality shall be liable only in accordance with the applicable statute and where there​ is no such statute, every municipality shall be immune from liability.​ Subd. 2. [Repealed, 1987 c 346 s 18]​ Subd. 3. Tax claims. Any claim in connection with the assessment and collection of taxes.​ Subd. 4. Accumulations of snow and ice. (a) Any claim based on snow or ice conditions on any highway​ or public sidewalk that does not abut a publicly owned building or publicly owned parking lot, except when​ the condition is affirmatively caused by the negligent acts of the municipality.​ (b) Notwithstanding paragraph (a), a municipality that owns or leases a building or parking lot in another​ municipality is not immune from a claim based on snow or ice conditions on a public sidewalk abutting the​ building or parking lot, but the other municipality is immune, except when the condition is affirmatively​ caused by its own negligent acts.​ Subd. 5. Execution of statute. Any claim based upon an act or omission of an officer or employee,​ exercising due care, in the execution of a valid or invalid statute, charter, ordinance, resolution, or rule.​ Subd. 6. Discretionary acts. Any claim based upon the performance or the failure to exercise or perform​ a discretionary function or duty, whether or not the discretion is abused.​ Subd. 6a. Driving under the influence; custody of motor vehicle. Any claim for which recovery is​ prohibited by section 169A.48, subdivision 2.​ Subd. 6b. Unimproved property. Any claim based upon the condition of unimproved real property​ owned by the municipality.​ Subd. 6c. Water access sites. Any claim based upon the construction, operation, or maintenance by a​ municipality of a water access site created by the Iron Range Resources and Rehabilitation Board. A water​ access site under this subdivision that provides access to an idled, water filled mine pit also includes the​ entire water filled area of the pit, and, further, claims related to a mine pit water access site under this​ subdivision include those based upon the caving or slumping of mine pit walls.​ Subd. 6d. Licensing of providers. A claim against a municipality based on the failure of a provider to​ meet the standards needed for a license to operate a day care facility under chapter 245A for children, unless​ the municipality had actual knowledge of a failure to meet licensing standards that resulted in a dangerous​ condition that foreseeably threatened the plaintiff. A municipality shall be immune from liability for a claim​ arising out of a provider's use of a swimming pool located at a family day care or group family day care​ home under section 245A.14, subdivision 10, unless the municipality had actual knowledge of a provider's​ failure to meet the licensing standards under section 245A.14, subdivision 10, paragraph (a), clauses (1) to​ (3), that resulted in a dangerous condition that foreseeably threatened the plaintiff.​ Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 2​MINNESOTA STATUTES 2016​466.02​ Subd. 6e. Parks and recreation areas. Any claim based upon the construction, operation, or maintenance​ of any property owned or leased by the municipality that is intended or permitted to be used as a park, as​ an open area for recreational purposes, or for the provision of recreational services, or from any claim based​ on the clearing of land, removal of refuse, and creation of trails or paths without artificial surfaces, if the​ claim arises from a loss incurred by a user of park and recreation property or services. Nothing in this​ subdivision limits the liability of a municipality for conduct that would entitle a trespasser to damages against​ a private person, except as provided in subdivision 23.​ Subd. 6f. Beach or pool equipment. (a) Subject to paragraphs (b) and (c), any claim based upon an​ injury arising out of the use by any person of a diving board, diving platform, diving raft, water slide,​ nonwater slide, or dock installed at a beach or swimming pool owned, leased, or operated by a municipality​ other than a school district, if the injury occurred when the beach or swimming pool was closed as indicated​ by a sign posted at the beach or pool.​ (b) A municipality has a duty to use reasonable care to warn trespassers of any danger or risk involved​ with the use of beach or pool equipment described in paragraph (a) if the municipality:​ (1) knows or has reason to know that trespassers regularly use certain portions of the beach or pool​ equipment;​ (2) installs, operates, or maintains the equipment in a way known as likely to cause death or serious​ bodily harm; and​ (3) has reason to believe trespassers would not discover the risks involved in the use of the equipment.​ The requirements of this paragraph do not apply if a trespasser knows or has reason to know of the​ condition of the equipment and the risk involved in its use.​ (c) Nothing in this subdivision limits the liability of a municipality for conduct that would entitle​ trespassing children to damages against a private person.​ Subd. 7. Other immunity. Any claim against a municipality as to which the municipality is immune​ from liability by the provisions of any other statute.​ Subd. 8. Other than property, personal injury, death. Any claim for a loss other than injury to or​ loss of property or personal injury or death.​ Subd. 9. Welfare benefits; exceptions. Any claim for a loss of benefits or compensation due under a​ program of public assistance or public welfare, except where municipal compensation for loss is expressly​ required by federal law in order for the municipality to receive federal grants-in-aid.​ Subd. 10. Municipal authorization standard not met. Any claim for a loss based on the failure of any​ person to meet the standards needed for a license, permit, or other authorization issued by the municipality​ or its agents.​ Subd. 11. Usual care and treatment, hospital, corrections. Any claim for a loss based on the usual​ care and treatment, or lack of care and treatment, of any person at a municipal hospital or corrections facility​ where reasonable use of available funds has been made to provide care.​ Subd. 12. Loss by municipal patient or inmate. Any claim for a loss, damage, or destruction of property​ of a patient or inmate of a municipal institution.​ Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 466.03​MINNESOTA STATUTES 2016​3​ Subd. 13. Unimproved realty, old mines. Any claim for a loss caused by the condition of unimproved​ real property owned by a municipality, which means land that the municipality has not improved, land that​ is owned or administered by the municipality that contains idled or abandoned mine pits or shafts, and​ appurtenances, fixtures, and attachments to land that the municipality has neither affixed nor improved.​ Subd. 14. Arrestee's motor vehicle; care and custody. Any claim for a loss for which recovery is​ prohibited by section 169A.48, subdivision 2.​ Subd. 15. Section 3.736-like claim. Any claim against a municipality, if the same claim would be​ excluded under section 3.736, if brought against the state.​ Subd. 16. Special vehicles; exception. Any claim against a county, arising from the operation of an​ all-terrain vehicle, as defined in section 84.92, subdivision 8, an off-road vehicle, as defined in section​ 84.797, subdivision 7, or an off-highway motorcycle on land administered by a county under chapter 280,​ 281, or 282, except that the county is liable for conduct that would entitle a trespasser to damages against a​ private person.​ Subd. 17. Logging roads. Any claim arising out of a person's use of a logging road on public land that​ is maintained exclusively to provide access to timber on the land by harvesters of the timber, and is not​ signed or otherwise held out to the public as a public highway.​ Subd. 18. School building security. Any claim based on injury arising out of a decision by a school or​ school district to obtain a fire code variance for purposes of school building security, if the decision was​ made in good faith and in accordance with applicable law governing variances.​ Subd. 19. Emergency medical dispatch. Any claim based upon the acts or omissions of a 911​ telecommunicator or dispatcher, who is certified in emergency medical dispatch by a program incorporating​ nationally recognized standards, acting in good faith in providing prearrival medical instruction based upon​ the emergency medical dispatch protocols adopted by the dispatching agency.​ Subd. 20. Use of land held under section 473.167. Any claim based on the condition, use, or maintenance​ of land acquired and held by the municipality under section 473.167. Nothing in this subdivision limits the​ liability of a municipality for conduct that would entitle a trespasser to damages against a private person.​ Subd. 21. Geographic information systems (GIS) data. (a) Any claim against a municipality, based​ on alleged or actual inaccuracies in geographic information systems data, arising from the public's use of​ GIS data, if the municipality provides a disclaimer of the accuracy of the information at any point of initial​ contact with a geographic information system to which the public has general access.​ (b) Geographic information systems data is government data subject to the presumption of section 13.01,​ subdivision 3. GIS data is data generated by a computer database or system that is designed to electronically​ capture, organize, store, update, manipulate, analyze, and display all forms of geographically referenced​ information that is compiled, from private or public sources, either alone or in cooperation with other public​ or private entities, for use by a municipality. GIS data is accurate for its intended use by a municipality and​ may be inaccurate for other uses.​ Subd. 22. Highway right-of-way. Any claim for a loss involving or arising out of the use or operation​ of a recreational motor vehicle, as defined in section 84.90, subdivision 1, within the right-of-way of a road​ or highway as defined in section 160.02, subdivision 26, except that the municipality is liable for conduct​ that would entitle a trespasser to damages against a private person.​ Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 4​MINNESOTA STATUTES 2016​466.03​ Subd. 23. Recreational use of school property and facilities. (a) Any claim for a loss or injury arising​ from the use of school property or a school facility made available for public recreational activity.​ (b) Nothing in this subdivision:​ (1) limits the liability of a school district for conduct that would entitle a trespasser to damages against​ a private person; or​ (2) reduces any existing duty owed by the school district.​ Subd. 24. Used public safety equipment. (a) Any tort claim against a municipality resulting from the​ use of public safety equipment donated by the municipality to another municipality, unless the claim is a​ direct result of fraud or intentional misrepresentation.​ (b) As used in this subdivision, "public safety equipment" means vehicles and equipment used in​ firefighter, ambulance and emergency medical treatment services, rescue, and hazardous material response.​ Subd. 25. Surplus equipment donated. Any tort claim against a municipality resulting from the use​ of surplus equipment donated by the municipality to a nonprofit organization under section 471.3459, unless​ the claim is a direct result of fraud or intentional misrepresentation.​ History: 1963 c 798 s 3; 1975 c 359 s 23; 1982 c 423 s 13; 1983 c 362 s 1; 1985 c 248 s 70; 1Sp1985​ c 13 s 346; 1986 c 395 s 14; 1986 c 455 s 65-74; 1988 c 530 s 9,10; 1989 c 331 s 24; 1991 c 162 s 1; 1991​ c 313 s 2; 1993 c 311 art 1 s 15; art 2 s 15; 1995 c 226 art 3 s 46; 1997 c 7 art 1 s 141; 1999 c 108 s 1;​ 1999 c 188 s 1; 1999 c 230 s 36; 2000 c 468 s 27; 2000 c 478 art 2 s 7; 1Sp2001 c 8 art 2 s 68; 2002 c 333​ s 3; 2011 c 57 s 1,2; 2011 c 75 s 1; 2016 c 87 s 1​ 466.04 MAXIMUM LIABILITY.​ Subdivision 1. Limits; punitive damages. (a) Liability of any municipality on any claim within the​ scope of sections 466.01 to 466.15 shall not exceed:​ (1) $300,000 when the claim is one for death by wrongful act or omission and $300,000 to any claimant​ in any other case, for claims arising before January 1, 2008;​ (2) $400,000 when the claim is one for death by wrongful act or omission and $400,000 to any claimant​ in any other case, for claims arising on or after January 1, 2008, and before July 1, 2009;​ (3) $500,000 when the claim is one for death by wrongful act or omission and $500,000 to any claimant​ in any other case, for claims arising on or after July 1, 2009;​ (4) $750,000 for any number of claims arising out of a single occurrence, for claims arising on or after​ January 1, 1998, and before January 1, 2000;​ (5) $1,000,000 for any number of claims arising out of a single occurrence, for claims arising on or after​ January 1, 2000, and before January 1, 2008;​ (6) $1,200,000 for any number of claims arising out of a single occurrence, for claims arising on or after​ January 1, 2008, and before July 1, 2009;​ (7) $1,500,000 for any number of claims arising out of a single occurrence, for claims arising on or after​ July 1, 2009;​ Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 466.04​MINNESOTA STATUTES 2016​5​ (8) twice the limits provided in clauses (1) to (7) when the claim arises out of the release or threatened​ release of a hazardous substance, whether the claim is brought under sections 115B.01 to 115B.15 or under​ any other law; or​ (9) $1,000,000 for any number of claims arising out of a single occurrence, if the claim involves a​ nonprofit organization engaged in or administering outdoor recreational activities funded in whole or in part​ by a municipality or operating under the authorization of a permit issued by a municipality.​ (b) No award for damages on any such claim shall include punitive damages.​ Subd. 1a. Officers and employees. The liability of an officer or an employee of any municipality for a​ tort arising out of an alleged act or omission occurring in the performance of duty shall not exceed the limits​ set forth in subdivision 1, unless the officer or employee provides professional services and also is employed​ in the profession for compensation by a person or persons other than the municipality.​ Subd. 1b. Total claim. The total liability of the municipality on a claim against it and against its officers​ or employees arising out of a single occurrence shall not exceed the limits set forth in subdivision 1.​ Subd. 2. Inclusions. The limitation imposed by this section on individual claimants includes damages​ claimed for loss of services or loss of support arising out of the same tort.​ Subd. 3. Disposition of multiple claims. Where the amount awarded to or settled upon multiple claimants​ exceeds the applicable limit under subdivision 1, paragraph (a), clauses (4) to (9), any party may apply to​ any district court to apportion to each claimant a proper share of the total amount limited by subdivision 1.​ The share apportioned each claimant shall be in the proportion that the ratio of the award or settlement made​ to each bears to the aggregate awards and settlements for all claims arising out of the occurrence.​ History: 1963 c 798 s 4; 1976 c 264 s 1-3; 1983 c 121 s 28; 1983 c 331 s 2,3; 1986 c 444; 1989 c 325​ s 50; 1997 c 210 s 3,4; 2006 c 232 s 2; 2012 c 131 s 2,3​ 466.05 NOTICE OF CLAIM.​ Subdivision 1. Notice required. Except as provided in subdivision 2, every person, whether plaintiff,​ defendant or third-party plaintiff or defendant, who claims damages from any municipality or municipal​ employee acting within the scope of employment for or on account of any loss or injury within the scope​ of section 466.02 shall cause to be presented to the governing body of the municipality within 180 days after​ the alleged loss or injury is discovered a notice stating the time, place and circumstances thereof, the names​ of the municipal employees known to be involved, and the amount of compensation or other relief demanded.​ Actual notice of sufficient facts to reasonably put the governing body of the municipality or its insurer on​ notice of a possible claim shall be construed to comply with the notice requirements of this section. Failure​ to state the amount of compensation or other relief demanded does not invalidate the notice; but in such​ case, the claimant shall furnish full information regarding the nature and extent of the injuries and damages​ within 15 days after demand by the municipality. The time for giving such notice does not include the time,​ during which the person injured is incapacitated by the injury from giving the notice.​ Subd. 2. Claims for wrongful death; notice. When the claim is one for death by wrongful act or​ omission, the notice may be presented by the personal representative, surviving spouse, or next of kin, or​ the consular officer of the foreign country of which the deceased was a citizen, within one year after the​ alleged injury or loss resulting in such death; if the person for whose death the claim is made has presented​ Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 6​MINNESOTA STATUTES 2016​466.04​ a notice that would have been sufficient had the person lived an action for wrongful death may be brought​ without any additional notice.​ History: 1963 c 798 s 5; 1974 c 311 s 1; 1976 c 264 s 4,5; 1986 c 444; 1986 c 455 s 75; 1991 c 199​ art 1 s 74​ 466.06 LIABILITY INSURANCE.​ The governing body of any municipality may procure insurance against liability of the municipality and​ its officers, employees, and agents for damages, including punitive damages, resulting from its torts and​ those of its officers, employees, and agents, including torts specified in section 466.03 for which the​ municipality is immune from liability. The insurance may provide protection in excess of the limit of liability​ imposed by section 466.04. If a municipality other than a school district has the authority to levy taxes, the​ premium costs for such insurance may be levied in excess of any per capita or local tax rate tax limitation​ imposed by statute or charter. Any independent board or commission in the municipality having authority​ to disburse funds for a particular municipal function without approval of the governing body may similarly​ procure liability insurance with respect to the field of its operation. The procurement of such insurance​ constitutes a waiver of the limits of governmental liability under section 466.04 only to the extent that valid​ and collectible insurance, including where applicable, proceeds from the Minnesota Insurance Guaranty​ Association, exceeds those limits and covers the claim. The purchase of insurance has no other effect on the​ liability of the municipality or its employees. Procurement of commercial insurance, participation in a​ self-insurance pool pursuant to section 471.981, or provision for an individual self-insurance plan with or​ without a reserve fund or reinsurance shall not constitute a waiver of any governmental immunities or​ exclusions.​ History: 1963 c 798 s 6; 1977 c 447 art 6 s 11; 1983 c 314 art 6 s 30; 1984 c 463 art 6 s 12; 1987 c 79​ s 1; 1987 c 260 s 1; 1987 c 344 s 9; 1987 c 398 art 1 s 22; 1988 c 719 art 5 s 84; 1Sp1989 c 1 art 2 s 11;​ 1992 c 513 art 4 s 44; 2006 c 212 art 1 s 18​ 466.07 INDEMNIFICATION.​ Subdivision 1. Indemnification required. Subject to the limitations in section 466.04, a municipality​ or an instrumentality of a municipality shall defend and indemnify any of its officers and employees, whether​ elective or appointive, for damages, including punitive damages, claimed or levied against the officer or​ employee, provided that the officer or employee:​ (1) was acting in the performance of the duties of the position; and​ (2) was not guilty of malfeasance in office, willful neglect of duty, or bad faith.​ Notwithstanding any provisions to the contrary in section 123B.25, paragraph (b), this section applies​ to all school districts, however organized.​ Subd. 1a. [Repealed, 1987 c 79 s 3]​ Subd. 2. [Repealed, 1987 c 79 s 3]​ Subd. 3. Effect on other laws. This section does not repeal or modify Minnesota Statutes 1961, sections​ 471.44, 471.45 and 471.86.​ Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 466.07​MINNESOTA STATUTES 2016​7​ Subd. 4. [Repealed, 1987 c 79 s 3]​ History: 1963 c 798 s 7; 1979 c 205 s 1; 1986 c 444; 1986 c 455 s 76; 1987 c 79 s 2; 1987 c 346 s 3;​ 1998 c 397 art 11 s 3; 2011 c 76 art 1 s 56​ 466.08 COMPROMISE OF CLAIMS.​ Notwithstanding sections 466.03 and 466.06, the governing body of any municipality, the administrator​ of a self-insurance pool, or the authorized representative of a private insurance carrier may compromise,​ adjust and settle tort claims against the municipality for damages under section 466.02 and may, subject to​ procedural requirements imposed by law or charter, appropriate money for the payment of amounts agreed​ upon. When the amount of a settlement exceeds $10,000, the settlement shall not be effective until approved​ by the district court.​ History: 1963 c 798 s 8; 1987 c 260 s 2; 1990 c 555 s 12​ 466.09 PAYMENT OF JUDGMENTS.​ When a judgment is entered against or a settlement is made by a municipality for a claim within the​ scope of section 466.02, payment shall be made and the same remedies shall apply in case of nonpayment​ as in the case of other judgments or settlements against the municipality. If the municipality has the authority​ to levy taxes and the judgment or settlement is unpaid at the time of the annual tax levy, the governing body​ shall, if it finds that other funds are not available for payment of the judgment, levy a tax sufficient to pay​ the judgment or settlement and interest accruing thereon to the expected time of payment. Such tax may be​ levied in excess of any per capita or local tax rate tax limitation imposed by statute or charter.​ History: 1963 c 798 s 9; 1988 c 719 art 5 s 84; 1Sp1989 c 1 art 2 s 11​ 466.10 [Repealed, 1996 c 310 s 1]​ 466.101 LAW ENFORCEMENT COSTS.​ When costs are assessed against a municipality for injuries incurred or other medical expenses connected​ with the arrest of individuals violating Minnesota Statutes, the municipality responsible for the hiring, firing,​ training, and control of the law enforcement and other employees involved in the arrest is responsible for​ those costs.​ History: 1986 c 455 s 77​ 466.11 RELATION TO CHARTERS AND SPECIAL LAWS.​ Sections 466.01 to 466.15 are exclusive of and supersede all home rule charter provisions and special​ laws on the same subject heretofore and hereafter adopted.​ History: 1963 c 798 s 11​ 466.12 MS 2006 [Expired, 1963 c 798 s 12; 1965 c 748 s 1; 1969 c 826 s 1-3; 1973 c 123 art 5 s 7; 1974 c​ 472 s 1; 1996 c 310 s 1]​ 466.13 [Expired]​ 466.131 INDEMNIFICATION BY STATE.​ Until July 1, 1987, a municipality is an employee of the state for purposes of the indemnification​ provisions of section 3.736, subdivision 9, when the municipality is required by the Public Welfare Licensing​ Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 8​MINNESOTA STATUTES 2016​466.07​ Act and rules promulgated under it to inspect or investigate a provider. After July 1, 1987, a municipality​ is an employee of the state for purposes of the indemnification provisions of section 3.736, subdivision 9,​ when the municipality is required by sections 245A.01 to 245A.16, the Human Services Licensing Act, and​ rules adopted under it to inspect or investigate a provider, and the municipality has been duly certified under​ standards for certification developed by the commissioner of human services.​ History: 1986 c 395 s 15; 1992 c 464 art 1 s 45​ 466.132 INDEMNIFICATION BY STATE.​ Municipalities, when performing, as required or mandated by state law, inspections or investigations of​ persons prior to the issuance of state licenses, are employees of the state for purposes of the indemnification​ provisions of section 3.736, subdivision 9. A municipality is not, however, an employee of the state for​ purposes of this section if in hiring, supervising, or continuing to employ the person performing an inspection​ or investigation for the municipality, the municipality was clearly negligent. In no event shall the state be​ obligated to defend or indemnify a municipality for inspections or investigations relating to licensing to the​ extent of insurance purchased by the municipality covering liability therefor. The municipality's right to​ indemnity shall not be considered a waiver of the limitations, defenses, and immunities available to the​ municipality and state by law.​ History: 1986 c 455 s 90; 1988 c 411 s 8​ 466.14 [Expired]​ 466.15 CIVIL DAMAGES ACT, APPLICATION.​ Sections 466.01 to 466.15 do not modify section 340A.801.​ History: 1963 c 798 s 15; 1985 c 305 art 12 s 5; 1Sp1985 c 16 art 2 s 26;​ Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 466.15​MINNESOTA STATUTES 2016​9​ CITY COUNCIL SPECIAL WORK SESSION June 26, 2017 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : June 26, 2017 4 TIME STARTED : 6:55 p.m. 5 TIME ENDED : 7:40 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Kusterman, 7 Maher, Manthey and Mayor Reinert 8 MEMBERS ABSENT : None 9 10 Staff members present: Public Safety Director John Swenson; Community Development 11 Director Michael Grochala; City Engineer Katie Larsen; City Clerk Julie Bartell. 12 13 1. Watermark Development Update – Community Development Director 14 Grochala reviewed the history of the site and staff’s work with Mattamy Homes on the 15 Watermark Development. Mattamy Homes is now stepping out of the Minnesota 16 housing market and is seeking new ownership of the site and Lennar Homes is looking at 17 stepping into that role. Lennar has provided a preliminary site plan that is currently 18 under staff review and that has been provided to the council. He noted some basic 19 differences in sizes, numbers and styles from the original plans. Staff provided the 20 council with product books provided by Lennar that highlight their home style offerings. 21 Mr. Grochala introduced Joe Jablonski representing Lennar Homes. 22 Mr. Jablonski explained Lennar’s background and history; originally the company was 23 Orin Thompson Homes and, through several acquisitions, has evolved into Lennar since 24 about 2000. The entire executive team of the company has more than 20 years of 25 experience, some going back to the 1950’s. They are a well-established builder in the 26 area. He noted the styles book that was distributed, highlighting the many types of 27 products they offer. They do have other developments in the area that could be viewed by 28 the council. Mr. Jablonski noted that the Watermark Development elements would 29 mostly be maintained by Lennar as indicated by their preliminary proposal (site plan on 30 file). They propose a variety of home styles, including townhome varieties, in their 31 developments. They are still learning about the community as they further develop their 32 proposal. 33 34 Council Member Rafferty asked if the clubhouse element is still included. Mr. Jablonski 35 explained that they are first concentrating on lot layout and development timeframe. 36 They are taking the opportunity to introduce themselves and hear feedback on the plans 37 presented at this point. They are interested in taking the council’s comments into 38 consideration. 39 40 Mayor Reinert said there are obviously more of the smaller homes/lots than the previous 41 plans. He likes the single family one level housing element and that is a positive within 42 the development. He thinks that Lennar is just starting their process so there is still 43 planning to be done. 44 CITY COUNCIL SPECIAL WORK SESSION June 26, 2017 DRAFT 2 45 A Lennar representative said they are trying to stick with much of the original plan. 46 47 Mayor Reinert suggested that it seems as if fewer homes will back up to water or open 48 space also. Community Development Director Grochala remarked that he thinks it’s 49 about the same as proposed by Mattamy. 50 51 Council Member Rafferty asked if the papers are signed on Lennar’s ownership of the 52 property. They responded that there is a contract in place but there is due diligence in 53 working with the City and the watershed. They are interested in being the master 54 developer for the whole site. 55 56 Mayor Reinert remarked on amenities that seem to be missing – the community center, 57 the entryway, etc. 58 59 Council Member Rafferty remarked that the city has experienced some issues in the past 60 with associations that aren’t real strong and he asks that the developer watch that. He is 61 also concerned that the club house element should be done well. Mr. Jablonski explained 62 that Lennar has many developments that include amenities like clubhouses and when they 63 come in and say it will be included, they are good for their word. 64 65 Mayor Reinert added that, as this development proposal sits right now, he wouldn’t vote 66 for it. Some lot sizes are an issue for him as well as an HOA amenity undefined. The 67 look and feel of the entire development isn’t the same. 68 69 Council Member Manthey remarked that a crown jewel of the previous development was 70 inclusion of a park that was to be attached to the club house element and that would be 71 done early. 72 73 Council Member Manthey said he likes the multiple product. He is seeing a trail that 74 isn’t complete that was included in the original plans and staff remarked that they will 75 work to have connections included. 76 77 Mr. Jablonski remarked that he anticipates a first phase of the project that would be small, 78 to get things rolling quickly. If more people are living in the development when an HOA 79 amenity is developed, there are more people to choose that amenity and actually fund that 80 element and in their experience that works best. 81 82 Council Member Rafferty remarked that he is glad to see the loss of the 40 foot lots but 83 concerned about the larger lots being left out. 84 85 Mayor Reinert said that council members will look over the information and pose 86 questions to staff as necessary. Staff will update the council at the next work session. 87 88 The meeting was adjourned at 7:40 p.m. 89 CITY COUNCIL SPECIAL WORK SESSION June 26, 2017 DRAFT 3 90 These minutes were considered, corrected and approved at the regular Council meeting held on 91 July 10, 2017. 92 93 94 95 96 Julianne Bartell, City Clerk Jeff Reinert, Mayor 97 98 CITY COUNCIL AGENDA ITEM 1H STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk MEETING DATE: July 10, 2017 TOPIC: Resolution No. 17-71, Approving a Peddler License for Aspen Contracting VOTE REQUIRED: 3/5 BACKGROUND Aspen Contracting, 4141 NE Lakewood Way, Lee Summit, MO has submitted a peddler’s license application to the city clerk's office. The company representatives who will be working in Lino Lakes are Abraham Peralta, Anthony Malone, Aaron Long Christopher Straub, James Vogeli, Erich Rabenold, Gary Infante and Paige LaRue. The group plans to travel through the Lino Lakes’ neighborhoods setting up appointments for free estimates for window, siding, roofing, etc. The City has received all the necessary forms required to issue this company a license. The Lino Lakes Public Safety Department has performed background checks and indicated no reason to deny the application. The application and all other required information is on file in the city clerk's office for review. RECOMMENDATION Approve Resolution No. 17-71, Approving the issuance of a peddler license for Aspen Contracting for a six month period commencing July 11, 2017. CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 17-71 APPROVING A PEDDLER LICENSE FOR ASPEN CONTRACTING WHEREAS, Aspen Contracting, has submitted a peddlers license application to the city clerk's office; and WHEREAS, Aspen Contracting, has complied with all of the provisions of Chapter 613 of the Lino Lakes City Code for obtaining the necessary license for a for-profit business; and WHEREAS, a background check on the company representatives who will be working in Lino Lakes have been completed by the Public Safety Department; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: Abraham Peralta, Anthony Malone, Aaron Long Christopher Straub, James Vogeli, Erich Rabenold, Gary Infante and Paige LaRue, representatives of Aspen Contracting, are hereby authorized to vend for a period of six-months beginning July 11, 2017 and ending January 11, 2017. Adopted by the Council of the City of Lino Lakes this 10th day of July, 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: July 10, 2017 TOPIC: 2018 North Metro Telecommunications Commission Budget VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to approve the 2018 budget as recommended by the North Metro Telecommunications Commission and the Operations Committee. BACKGROUND The Commission’s operating budget for 2018 is proposed at $1,292,053, which is $71,589 more than last year’s budget. This increase is due entirely to franchise renewal expenses. An increase in video streaming bandwidth expenses was balanced out by a reduction in personnel costs. Capital costs for 2018 are budgeted at $409,147. The majority of this amount is dedicated for the bond payment of $229,215, which financed the purchase of HD equipment. The balance is for Makito X signal transport systems, video streaming servers, field equipment, office computers, software, software licenses, and annual system maintenance contracts. Franchise fees paid to the member cities are budgeted at $400,000. This is $55,000 more than last year’s franchise fee payment. It is estimated that Lino Lakes will retain approximately $60,000 of the total franchise fees collected from cable subscribers in the city. RECOMMENDATION Staff recommends approval of the 2018 North Metro Telecommunications Commission budget. ATTACHMENTS 2018 NMTC Budget Materials CITY COUNCIL AGENDA ITEM 3B STAFF ORIGINATOR: Karissa Henning, Human Resources Manager MEETING DATE: July 10, 2017 TOPIC: Appointment of Recycling Intern VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Madeline Pelon for the Recycling Intern position in the Community Development Department. BACKGROUND Previous Recycling Intern Nan Jia’s internship ended and the City re-advertised for the position. A conditional job offer was made to Madeline Pelon. This is a budgeted temporary six-month position. Pelon will be working 29 hours a week at an hourly rate of $12.00. The position is funded through the Anoka County SCORE Grant Program. RECOMMENDATION Approve the appointment of Madeline Pelon as Recycling Intern. CITY COUNCIL AGENDA ITEM 3C STAFF ORIGINATOR: Karissa Henning, Human Resources Manager MEETING DATE: July 10, 2017 TOPIC: Appointment of Scanner Operator VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Rusty Ray for the temporary Scanner Operator position. BACKGROUND Previous Scanner Operator Thomas DeBilzan resigned and the City re-advertised for the position. A conditional job offer was made to Rusty Ray with an hourly rate of $11.50. This is a temporary position budgeted for 24 hours a week. RECOMMENDATION Approve the appointment of Rusty Ray as Scanner Operator. CITY COUNCIL AGENDA ITEM 3D STAFF ORIGINATOR: Jeff Karlson MEETING DATE: July 10, 2017 TOPIC: Approval of Invoice from CNH Architects VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to approve an invoice from CNH Architects in the amount of $764.30. BACKGROUND This invoice was included in the list of expenditures for the June 12, 2017, Council meeting agenda, but was pulled from the list for further discussion. During the July 5th work session, Mayor Reinert expressed that he did not believe Quinn Hutson of CNH Architects had completed the public works facility analysis as directed by the City Council. Councilmembers Kusterman, Maher, Manthey, and Rafferty were in support of adding this item to the July 10th Council agenda for further consideration. RECOMMENDATION Approve payment of $764.30 to CNH Architects for professional services and reimbursable expenses. ATTACHMENTS Invoice from CNH Architects CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: July 10, 2017 TOPIC: Donate Fire Equipment to the Centennial Fire District VOTE REQUIRED: 3/5 INTRODUCTION The City of Lino Lakes Ordinance 213.07 authorizes the Public Safety Department to dispose of City owned property in a manner authorized by a majority vote of the City Council. BACKGROUND As part of the distribution of assets with the Centennial Fire District (CFD) the City of Lino Lakes received two sections of hard suction hose and two low-level strainers for the hose. These items are used to draft water from portable water tanks that would be deployed in areas of the City that are not serviced by fire hydrants during fire suppression operations. This fire equipment are 4” lines and does not fit with our fire apparatus; therefore, we have purchased the correct size of hard suction hose and low-level strainers to service our jurisdiction. The hard suction hose is surplus equipment and is not being used by Lino Lakes. The CFD has requested use of our surplus hard suction hose for training purposes on two occasions, and have inquired if this equipment could be donated to their organization for use in auto aid responses in our City’s un-hydrated areas, as well as other neighboring jurisdiction that have un-hydrated areas of their cities. The two sections of hard section hose with low-level strainers were purchased in 1992. If a department were going to purchase new 4” hard suction hose with low-level strainers today the cost would be $523.98 (not including shipping). Attached to this staff report is a photo of hard suction hose and low-level strainer. RECOMMENDATION Authorize the Public Safety Department to donate two section of 4” hard suction hose with low-level strainers to the Centennial Fire District. ATTACHMENTS Photos of hard suction hose and low-level strainer. 1 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: MEETING DATE: TOPIC: Katie Larsen, City Planner July 10th, 2017 NorthPointe 6th Addition i)Consider 2nd Reading of Ordinance No. 05-17, Vacating Drainage & Utility Easements (Outlot D, NorthPointe 5th Addition) *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance ii)Consider Resolution No. 17-58 Approving PUD Final Plan/Final Plat iii)Consider Resolution No. 17-59 Approving Development Agreement VOTE REQUIRED: 4/5 (i) and 3/5 (ii & iii) INTRODUCTION Staff is requesting City Council consideration of the above noted items for NorthPointe 6th Addition. Complete Application Date: May 12, 2017 60-Day Review Deadline: July 7, 2017 120-Day Review Deadline: September 9, 2017 Environmental Board Meeting: N/A Park Board Meeting: N/A Planning & Zoning Board Meeting: June 14, 2017 Tentative City Council Work Session: June 26, 2017 Tentative City Council Meeting: June 26, 2017 & July 10, 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, Eternity Homes LLC, has submitted a land use application for final plat of NorthPointe 6th Addition. Eternity Homes LLC is purchasing from Tony Emmerich Constructions, Inc. Outlot D, NorthPointe 5th Addition and is constructing 15 single family homes on the 50 foot wide lots. This review is based on the NorthPointe 6th Addition Street and Utility Plan Set and final plat dated May 12, 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 • April 24, 2017: NorthPointe 5th Addition Final Plat, Resolution No. 17-34 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 Final Plan. Per the phasing plan dated July 28, 2016, Phase VI has 19 lots. The proposed plat is for 15 lots. The phasing plan shall be revised accordingly. Phases NorthPointe has been developed in the following phases: Phase # Lots 1 21 2 40 3 3 41 4 31 5 39 6 15 7 TBD 8 TBD TOTAL 172 TOTAL SF Lots in NP = 215 - # Lots Platted to Date = 187 # Lots Remaining1 = 28 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 6th Addition creates 15 lots and 0 outlots. 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) Redwood Avenue 50 feet 28 feet No sidewalk is required along Redwood Avenue. Easements Standard drainage and utility easements are provided on all lot lines. There will be a temporary cul-de-sac easement lying over, under and across the East 90 feet of the West 180 feet of the South 75 feet of Lot 1, Block 5, NorthPointe at the end of Redwood Avenue. 4 The applicant is requesting all of the drainage and utility easements, as created and dedicated over, under and across Outlot D, in the plat of NorthPointe 5th Addition, Anoka County, Minnesota be vacated. This easement will be re-dedicated on the plat of NorthPointe 6th Addition. The City Council has approved similar easement vacations throughout the development of NorthPointe. The City Council held the public hearing and approved the 1st reading on June 26, 2017. Public Land Dedication and Fees The City will require a combination of land dedication and cash in lieu of land dedication for the entire NorthPointe development. Outlot D, NorthPointe 4th Addition was dedicated to the City for parkland in 2016. NorthPointe 6th Addition will collect cash in lieu of land dedication. NorthPointe 6th Addition Total #of Lots = 15 x Park Dedication fee $2,575 = Total Due for NP 5th $38,625 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 6th 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. 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 6th Addition is also consistent with these plans. Floodplain The applicant received a FEMA Letter of Map Revision effective December 21, 2016. There are no floodplain impacts. 5 Development Agreement A Development Agreement has been drafted and shall be executed by the City and the developer and recorded by the developer. Title Commitment The City Attorney reviewed the title commitment and final plat. He notes the legal description of the title commitment is incorrect and mortgage consent may be needed. 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 June 14, 2017. The vote was 6-0. Staff is recommending approval of the following items with conditions as listed: 1. Ordinance No. 05-17 Vacating Drainage & Utility Easement 2. Resolution No. 17-58 Approving the PUD Final Plan/Final Plat 3. Resolution No. 17-59 Approving Development Agreement ATTACHMENTS 1. Ordinance No. 05-17 2. Resolution No. 17-58 3. Final Plat 4. Resolution No. 17-59 5. Development Agreement 1 1st Reading: 6/26/2017 Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 05-17 ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT (Outlot D, NorthPointe 5th 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 created and dedicated over, under, and across Outlot D, in the plat of NorthPointe 5th Addition, Anoka County, Minnesota as shown in Exhibit A; and 2. A public hearing was held on June 26, 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 3. The same drainage and utility easements shall be dedicated to the public on the plat of NorthPointe 6th Addition; and 4. It appears to be in the best interest of the City to vacate such drainage and utility easements; and 5. 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. 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 6th Addition final plat. Adopted by the Lino Lakes City Council this 10th day of July, 2017. 2 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 Exhibit A 1 CITY OF LINO LAKES RESOLUTION NO. 17-58 RESOLUTION APPROVING THE PUD FINAL PLAN/FINAL PLAT FOR NORTHPOINTE 6TH ADDITION WHEREAS, the City received an application for PUD Final Plan/Final Plat approval for NorthPointe 6th Addition hereafter referred to as “Development”; and WHEREAS, City staff completed review of the proposed “Development” based on the NorthPointe 6th Addition Street & Utility Plans dated May 12, 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 6th Addition PUD Final Plan/Final Plat on June 14, 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 6th Addition, subject to the following conditions: 1. All comments from City Engineer letter dated June 9, 2017 shall be addressed. 2. A Development Agreement shall be executed by the City and the developer and recorded by the developer. 3. Title Commitment: a. Legal description in title commitment shall be revised. b. Consent of the Mortgagees shall be obtained. Adopted by the Council of the City of Lino Lakes this 10th day of July, 2017. The motion for the adoption of the foregoing resolution was introduced by Council 2 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 ◦ SURVEYINGNORTHPOINTE 6TH ADDITIONREDWOOD AVENUE CITY OF LINO LAKES RESOLUTION NO. 17-59 RESOLUTION APPROVING DEVELOPMENT AGREEMENT & PLANNED UNIT DEVELOPMENT AGREEMENT FOR NORTHPOINTE 6TH ADDITION WHEREAS, the City Council approved the final plat for NorthPointe 6th Addition with Resolution No. 17-58 on July 10, 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 Eternity Homes LLC and the City of Lino Lakes for NorthPointe 6th 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 10th day of July, 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 6th Addition THIS AGREEMENT is made this _____ day of ____________, 2017, by and between the City of Lino Lakes, a Minnesota municipal corporation, and Eternity Homes, LLC. 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 6th 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 6th 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. 17-58. 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 6th Addition plan set containing 8 sheets, prepared by Carlson McCain Inc., dated May 10, 2017. ii. NorthPointe 6th Addition final plat, prepared by Carlson McCain Inc., received on May 12, 2017. NorthPointe 6th Addition Development Agreement June 26, 2017 page 2 5. Permits. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public improvements. 6. Developer Improvements. The Developer shall secure a contractor to install these improvements, hereinafter referred to as the “Developer Improvements,” which contractor shall be approved by the City in its absolute discretion. The cost of Developer Improvements is as shown on 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. NorthPointe 6th Addition Development Agreement June 26, 2017 page 3 v. The Developer shall promptly clear dirt and debris within public right-of- ways and drainage and utility easements resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer shall be responsible for all necessary street and storm sewer maintenance, including street sweeping, until all home construction is completed, unless otherwise released by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on them, including detour signs if necessary. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. c. Final street grading, subbase, gravel base, concrete curb and gutter, and bituminous base course and wear course shall be furnished and installed. d. Sidewalks, paths and street lighting as required by the City. e. Storm sewers, when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances, shall be furnished and installed. f. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances, shall be furnished and installed. g. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances, shall be furnished and installed. h. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan. Guard stakes shall be appropriately installed to mark these irons. i. Landscaping shall be furnished and installed in accordance with the approved plans. 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. NorthPointe 6th Addition Development Agreement June 26, 2017 page 4 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 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 NorthPointe 6th Addition Development Agreement June 26, 2017 page 5 conditions of this Development Agreement and construction of all required improvements referenced therein in accordance with the ordinances and specifications of the City. The letter shall be in a form, and from a bank, as approved by the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this agreement. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates. The Irrevocable Letter of Credit may not be terminated without the City’s written consent. c. Not Applicable. 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. NorthPointe 6th Addition Development Agreement June 26, 2017 page 6 15. Escrow for City’s Costs. a. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the Subdivision including, but not limited to, the following (See 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 Park Dedication Fee for this site is calculated as follows: 15 units x $2,575 = $38,625 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. NorthPointe 6th Addition Development Agreement June 26, 2017 page 7 c. Sealcoating. The Developer will pay the cost of sealcoating the streets within the development at a cost of $4,676. 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. 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 NorthPointe 6th Addition Development Agreement June 26, 2017 page 8 requirements, any claim that the assessments exceed the benefit to the properties, and any right to appeal. b. Unless the Developer pays the entire balance owed for the Charges contemporaneously with the execution of this Agreement, the Developer shall provide to the City a cash escrow or irrevocable letter of credit in an amount equal to 35% of the total assessments for the Charges as estimated by the City Engineer (see 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. 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 NorthPointe 6th Addition Development Agreement June 26, 2017 page 9 estimated or levied pursuant hereto, with interest, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. In addition to any other rights and remedies upon Developer’s default, the City may refuse to issue building permits and/or Certificates of Occupancy for any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees, if the City prevails in any enforcement action. 18. Building Permits. No building permits shall be issued until: a. Site grading, City sewer, water, storm sewer, and bituminous base construction of the streets, temporary street signs, gas, electric, and telephone are completed and approved by the City, except as provided below. i. Model Homes: Structures may be installed as model homes consistent with City ordinance upon approval of the final plat. A record drawing of the site grading for the model home lots shall be submitted prior to issuance of building permits for the model homes. ii. If 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. 19. Special Provisions. a. None. 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 NorthPointe 6th Addition Development Agreement June 26, 2017 page 10 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 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 NorthPointe 6th Addition Development Agreement June 26, 2017 page 11 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. Eternity Homes, LLC. Attn: Pat Flynn 425 Third Street Farmington, MN 55024 Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 NorthPointe 6th Addition Development Agreement June 26, 2017 page 12 24. Land Use Controls - Planned Unit Development. a. NorthPointe 6th 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 6th Addition Development Agreement June 26, 2017 page 13 DEVELOPER CITY OF LINO LAKES By ______________________ By _________________________ Mayor Its ______________________ ATTEST: By _________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2017, by Jeff Reinert as Mayor of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2017 by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public NorthPointe 6th Addition Development Agreement June 26, 2017 page 14 STATE OF MINNESOTA ) ) SS COUNTY OF __________ ) On this _______ day of _______________, 2017, before me, a Notary Public within and for said County, personally appeared ____________, __________________ of ___________________. (Developer), who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 NorthPointe 6th Addition Development Agreement June 26, 2017 page 15 ATTACHMENT A Legal Description Outlot D, NORTHPOINTE 5th ADDITION, according to the recorded plat thereof, Anoka County, Minnesota. NorthPointe 6th Addition Development Agreement June 26, 2017 page 16 ATTACHMENT B Final Plat ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGNORTHPOINTE 6TH ADDITIONREDWOOD AVENUE 6/27/2017 ATTACHMENT C PROJECT: NorthPointe 6th Addition NUMBER OF REU's:15 APPLICANT: Etermnity Homes, LLC.NO. OF LOT FRONTAGES 17 AREA ac. (Lots & RW):2.86 IMPROVEMENTS COST DEVELOPER IMPROVEMENT COSTS SITE GRADING $9,830 EROSION CONTROL $4,002 LANDSCAPING $3,230 TRAIL AND SIDEWALK $0 STREETS $91,700 STORM SEWER CONST.$30,239 SANITARY SEWER CONST.$40,468 WATERMAIN CONST.$43,898 ENGINEERING & SURVEYING $3,000 Total $226,367 LETTER OF CREDIT X 150%$339,551 CITY IMPROVEMENT COSTS TRUNK SANITARY SEWER $46,095 TRUNK SANITARY SEWER CREDIT TRUNK WATERMAIN $61,035 TRUNK WATERMAIN CREDIT TOTAL TRUNK SEWER & WATER FEES $107,130 SURFACE WATER MANAGEMENT $18,687 SURFACE WATER MANAGEMENT CREDIT ($3,115) TOTAL SURFACE WATER MANAGEMENT FEES $15,573 Total $122,703 Letter of Credit Amount X 35%$42,946 ESCROW ADMINISTRATION $6,800 ENGINEER PLAN REVIEW $2,500 ENGINEER CONSTRUCTION SERVICES $6,200 PROJECT FINAL DOCUMENTS & CITY ENGINEER $2,500 STREET LIGHT INSTALLATION STREET & STORMWATER MAINTENANCE $0 PROPERTY TAXES $0 BOULEVARD TREE PLANTING $8,245 Total $26,245 DEVELOPMENT FEE DEPOSIT PARK DEDICATION $38,625 PARK DEDICATION CREDIT $0 TOTAL PARK DEDICATION FEES $38,625 SEAL COATING FEE $4,676 AERIAL PHOTO FEE $1,350 STREET LIGHTING OPERATION Total $44,651 SUMMARY OF COSTS SECURITY: DEVELOPER IMP'MENT COSTS $339,551 SECURITY: CITY IMP'MENT COSTS $42,946 CASH: ESCROW FOR CITY COSTS $26,245 CASH: DEVELOPMENT FEES $44,651 NorthPointe 6th Addition City Council Meeting July 10, 2017 1 Land Use Application •Final Plat for NorthPointe 6th Addition •15 lots •0 Outlots •Eternity Homes LLC purchasing 50 ft wide lots from Tony Emmerich Construction 2 3 4 •15 Lots •Redwood Avenue •Temp cul de sac Temp cul de sac Phasing Plan 5 Phase # Lots 1 21 2 40 3 41 4 31 5 39 6 15 7 TBD 8 TBD TOTAL 187 TOTAL SF Lots in NP =215 -# Lots Platted to Date =187 # Lots Remaining1 =28 Public Land Dedication 6 NorthPointe 6th Addition Total #of Lots =15 x Park Dedication fee $2,575 = Total Due for NP 6th $38,625 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. 7 Recommendation•Planning & Zoning Board reviewed on June 14th •Board and Staff recommends approval of the NorthPointe 6th Addition final plat subject to the conditions listed in the staff report. 8 Council Considerationi)Consider 2nd Reading of Ordinance No. 05-17, Vacating Drainage & Utility Easements (Outlot D, NorthPointe 5th Addition) •*Council may vote to dispense with full reading of ordinance •* Roll call vote is required for adoption of the ordinance ii)Consider Resolution No. 17-58 Approving PUD Final Plan/Final Plat iii)Consider Resolution No. 17-59 Approving Development Agreement 9 Houle Addition Council Meeting July 10, 2017 2 •Applicant is Guy Houle •Preliminary Plat •1 lot and 1 outlot •One 30.72 gross acre parcel 3 •Construct 1 single family house 4 Outlot A 26.09 acres Lot 1 4.6 acres History•2008: Ed Vaughan received preliminary plat and final plat approval for 1 lot and 1 outlot (Vaughan’s 1st Addition) •Final plat was never recorded; therefore, the preliminary plat and final plat are void. •2004: Mr. Vaughan received PUD Development Stage Plan/Preliminary Plat approval •PUD Final Plan/Final Plat was never submitted •PUD Development Stage Plan/Preliminary Plat is void.5 Park Dedication Park Dedication Fees Total # of Lots =1 x 2017 Park Dedication Fee $2,575 = Total Due $2,575 6 7 Wetlands Floodplain Shoreland District OHWL Res. No. 17-63: Findings of Fact-Preliminary Plat (a)Consistency with the Comprehensive Plan (b)Consistency with infill policies (c)No change in Level of service (LOS) (d)Adequate water supply (e)Adequate waste disposal systems 8 Recommendation•Planning & Zoning Board reviewed on June 14, 2017 •Board and Staff recommends approval of the preliminary plat for Houle Addition subject to the conditions listed in the staff report. 9 Council Action•Consider Resolution No. 17-63 Approving Preliminary Plat for Houle Addition 10 Chavez Preserve Council Meeting July 10, 2017 Land Use Application•Chavez Preserve •Final Plat •2 Variances 2 3 4 •Sept 2016: 6 lot preliminary plat approved •R-1 single family residential •1 parcel (177 White Pine Road) = 2 acres 5 X House has been relocated 6 Revised Preliminary Plat 7 Final Plat •Front easements: 10 to 15 feet •Rear easements: 55 to 70 feet •Accommodate the stormwater facilities. 8 Revised Stormwater Ponds Infiltration NURP swales Cash in Lieu of Land Dedication 9 Park Dedication Fees Total # of Lots =5 x 2017 Park Dedication Fee $2,575 = Total Due $12,875 •No fee for once existing house Zoning 10 Required per R-1 Proposed Min. Lot Size1 (upland)10,800 s.f.Ave. 12,220 s.f. Min. Lot Width (feet)80 Vary 83 -106 Min. Lot Depth (feet)135 174 Building Setback (feet) -From Collector Roads 40 30a -Rear --Principal 30 30 -Side --Principal 10 10 --Accessory 5 5 Variance #17 foot variance to reduce required collector road right-of-way width from 80 feet to 73 feet •ROW widths = 80 feet for collector streets. •White Pine Road along the proposed plat of Chavez Preserve currently has 73 feet of right-of-way •7 more feet would be required to be dedicated on the final plat. 11 12 Variance #1•Stormwater managed through ponds in the rear yards •Rear drainage and utility easements varying in width from 55 feet to 70 feet. •Standards rear yards easements are 10 feet. •All of the parcels meet lot area and width requirements but the wider easements reduce the buildable rear yard area. •By not requiring the additional 7 feet and allowing the right- of-way to remain at 73 feet, the rear yards gain an additional 7 feet. 13 14 Corridor ROW Widths •Existing traffic volumes < than 500 ADT and projected 2030 traffic forecasts < 1,999. •Volumes would not warrant the need for a wider roadway in the future. •Paved roadway of White Pine Road is off-set approximately 8 feet to the south within the existing right-of-way •30 feet from the north curb line to the south property line of Chavez Preserve Variance #210 foot variance to reduce required street setback from 40 feet to 30 feet •Building setback on collector roads is 40 feet •Increased setback provides more separation from the house and the more intense, higher traffic volume roadway. •Paved roadway of White Pine Road is off-set approximately 8 feet to the south within the existing right-of-way. •Provides at least 8 feet vs. 10 feet of additional separation from the house and paved road surface. 15 16 Analysis of Existing Front Setbacks Res. No. 17-60: Findings of Fact-Variance 1.Harmony with the general purposes and intent of the ordinance 2.Consistent with the comprehensive plan 3.Practical difficulties in complying with the ordinance 4.Plight of the landowner shall be due to circumstances unique to the property not created by the landowner 5.Shall not alter the essential character of the locality 17 Res. No. 17-61:Findings of Fact-Final Plat 1.Substantially conform to the approved preliminary plat 2.Subsequent phases (NA-one phase development) 3.Conditions attached to approval of the preliminary plat shall be substantially fulfilled 18 Recommendation•Planning & Zoning Board reviewed on June 14, 2017 •Board and Staff recommends approval of the variances and final plat for Chavez Preserve subject to the conditions listed in the staff report. 19 Council Actioni.Consider Resolution No. 17-60 Approving Variances ii.Consider Resolution No. 17-61 Approving Final Plat iii.Consider Resolution No. 17-62 Approving Development Agreement iv.Consider Resolution No. 17-68 Approving Stormwater Management Facility Maintenance Agreement 20 NorthPointe 6th Addition City Council Meeting July 10, 2017 1 Land Use Application •Final Plat for NorthPointe 6th Addition •15 lots •0 Outlots •Eternity Homes LLC purchasing 50 ft wide lots from Tony Emmerich Construction 2 3 4 •15 Lots •Redwood Avenue •Temp cul de sac Temp cul de sac Phasing Plan 5 Phase # Lots 1 21 2 40 3 41 4 31 5 39 6 15 7 TBD 8 TBD TOTAL 187 TOTAL SF Lots in NP =215 -# Lots Platted to Date =187 # Lots Remaining1 =28 Public Land Dedication 6 NorthPointe 6th Addition Total #of Lots =15 x Park Dedication fee $2,575 = Total Due for NP 6th $38,625 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. 7 Recommendation•Planning & Zoning Board reviewed on June 14th •Board and Staff recommends approval of the NorthPointe 6th Addition final plat subject to the conditions listed in the staff report. 8 Council Considerationi)Consider 2nd Reading of Ordinance No. 05-17, Vacating Drainage & Utility Easements (Outlot D, NorthPointe 5th Addition) •*Council may vote to dispense with full reading of ordinance •* Roll call vote is required for adoption of the ordinance ii)Consider Resolution No. 17-58 Approving PUD Final Plan/Final Plat iii)Consider Resolution No. 17-59 Approving Development Agreement 9 1 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: July 10, 2017 TOPIC: Chavez Preserve i. Consider Resolution No. 17-60 Approving Variances ii. Consider Resolution No. 17-61 Approving Final Plat iii. Consider Resolution No. 17-62 Approving Development Agreement iv. Consider Resolution No. 17-68 Approving Stormwater Management Facility Maintenance Agreement VOTE REQUIRED: 3/5 INTRODUCTION Complete Application Date: April 18, 2017 60-Day Review Deadline: June 17, 2017 120-Day Review Deadline: August 16, 2017 Environmental Board Meeting: N/A Park Board Meeting: N/A Planning & Zoning Board Meeting: June 14, 2017 City Council Work Session: July 5, 2017 City Council Meeting: July 10, 2017 The applicant, Marcel Eibensteiner with Royal Oaks Realty, Inc., submitted a land use application for two (2) variances and final plat for Chavez Preserve. The proposed development is a 6 lot single family residential subdivision. It contains 1 existing parcel (177 White Pine Road) that is approximately 2.18 gross acres. The variances are for reduced right-of-way and reduced front setbacks. BACKGROUND The City Council approved the preliminary plat for Chavez Preserve on September 12, 2016 with Resolution No. 16-90. 2 Zoning The parcel is zoned R-1, Single Family Residential. The revised preliminary plat and final plat meet the requirements lot size and lot width. Required per R-1 Proposed Min. Lot Size1 (upland) 10,800 s.f. Ave. 15,854 s.f. Min. Lot Width (feet) 80 Vary 83-106 Min. Lot Depth (feet) 135 174 Building Setback (feet) -From Collector Roads 40 30a -Rear --Principal 30 30 -Side --Principal 10 10 --Accessory 5 5 aThe applicant has requested a variance from 40 foot setback to 30 foot. The variance is detailed in Resolution No. 17-60 in the Findings of Fact. The following chart compares the original and revised lot widths and lot sizes. Original Preliminary Plat Revised Preliminary Plat Width Gross Area Lot Sizea Width Gross Area Lot Sizea Lot 1 80 13,945 10,803 90.90 15,845 10,800 Lot 2 90 15,681 10,913 85.50 14,896 14,896 Lot 3 85 14,802 13,439 83.44 14,530 14,530 Lot 4 96 16,709 15,434 87.10 15,160 10,801 Lot 5 90 15,656 11,364 94.06 16,363 10,801 Lot 6 106.31 18,331 10,991 106.31 18,331 11,496 TOTAL 95,124 95,125 a Lot size is contiguous buildable land 3 Per Section 1007.090(2)(a), minimum lot size is ten thousand eight hundred (10,800) square feet of contiguous buildable land. Contiguous buildable land is land area occurring within the property lines of a parcel or lot excluding wetlands and/or water bodies. On lots with infiltration basins, the lot area is measured from a 10 foot buffer above the bottom of the basin. On lots with NURP ponds, the lot area is measured from a 10 foot buffer above the normal water level (NWL). Building Requirements At the time of building permit, each individual single family dwelling unit will be reviewed for compliance regarding floor area, garage and design and construction standards. The existing single family home structure was removed by the developer in fall 2016. Two (2) accessory structures exist on the property. On September 12, 2016 as part of the preliminary plat approval, the Council passed Resolution No. 16-104 approving an Accessory Structure Agreement to allow for the accessory structures to remain in place for 1 year after final plat or 18 months after preliminary plat. The revised plan set now shows the structures being removed. Comment: 1. A Building Permit for demolition shall be required prior to removal of either of the accessory structures. Comprehensive Plan Chavez Preserve is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities. This was reviewed during the preliminary plat approval process. Density and Land Area Calculations The following chart implements Met Council’s formula for calculating net density. Gross Area (acres) 2.18 Wetlands & Water Bodies 0.00 Public Parks & Open Space 0.00 Arterial ROW 0.00 Other (Undevelopable) 0.00 Net Area (acres) 2.18 # of Units 6 Gross Density (units/acre) 2.75 Net Density (units/acre) 2.75 4 There have been no density changes since the preliminary plat approval. Chavez Preserve meets the land use goals by developing a single family residential subdivision that is consistent with low density residential development as guided by the Comprehensive Land Use Plan. Low density residential development allows for 1.6 to 3.9 units per net acre. The net density for the development is 2.75 units per net acre and this is consistent with density requirements. Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code The final plat is compliant with the comprehensive plan, zoning and subdivision ordinance with the approved variances. Some of the lot widths and areas have been revised from the preliminary plat but they all meet the R-1, Single Family Residential District requirements. The final plat substantially conforms to the approved preliminary plat. Blocks and Lots The final plat for Chavez Preserve creates six (6) lots and zero (0) outlots. Streets No new streets are proposed with this subdivision. White Pine Road is a classified as a minor collector road. It is an east-west collector between CSAH 49 (Hodgson Road) and CSAH 32 (Ash Street). The section of White Pine Road along the proposed plat of Chavez Preserve has 73 feet right- of-way and 32 feet back to back paved roadway. Collector roads require 80 foot right-of-way to allow for potential future roadway improvements that might involve wider paved surfaces or utility installation. Per Resolution No. 16-90 approving the preliminary plat: 1. An additional 7 feet of right of way shall be dedicated on the plat to provide a full 40 feet of right of way from centerline. This will be consistent with the Rohavic Oaks Second Addition development on the south side of White Pine Road that was platted in 1990. The applicant is requesting a variance from the 80 foot right-of-way requirement to allow the right-of-way to remain at 73 feet. The variance is detailed in Resolution No. 17-61 under Findings of Fact. Easements Drainage and utility easements have been provided along the lot lines. Front lot line easements vary from 10 to 15 feet. Rear lot line easements vary in width from 55 to 70 feet to accommodate the stormwater facilities. Storm Water Management and Erosion and Sediment Control 5 The original Grading, Drainage & Erosion Control Plan proposed two (2) wet basins (retention ponds) in the rear yard and a basin in the front yard between Lot 5 and Lot 6. Infiltration ponds are not suitable in this area due to high water table. Per Resolution No. 16-90 approving the preliminary plat: 1. Staff has concerns regarding the function and maintenance of the basin located in the front yard between Lot 5 and Lot 6 and requests the applicant re-analyze the plan. The revised Grading, Drainage & Erosion Control Plan proposes one (1) infiltration basin and one (1) NURP pond in the rear yards. Swales with drain tile are proposed in the right-of-way along White Pine Road. The City Engineer has reviewed and provided comments regarding the proposed stormwater management facilities. Public Utilities Sanitary Sewer An existing 12” PVC sanitary sewer main located along White Pine Road directly serves the development. Five (5) sanitary sewer services are stubbed to the property. Revised Sheet C3.1 shows a new sanitary sewer service stubbed to Lot 5 as required. Watermain An existing 6” DIP watermain located along White Pine Road directly serves the development. Five (5) water services are stubbed to the property. Revised Sheet C3.1 shows a new watermain service stubbed to Lot 5 as required. Public Land Dedication and Fees The City will require cash in lieu of land dedication. Since one (1) house had existed on site, fees will only be collected for 5 new lots. Park Dedication Fees Total # of Lots = 5 x 2017 Park Dedication Fee $2,575 = Total Due $12,875 Tree Preservation The goal of tree preservation is to minimize unnecessary loss of habitat, biodiversity and forest resource and to replace removed trees in areas where tree cover is most critical. 6 According to the original Sheet C1-Grading Plan, there were 31 total trees on the site and 29 trees were to be removed. The 29 trees being removed are within basic use area (BUA) and do not require replacement. Per the revised Sheet C1-Grading Plan, 30 trees were removed. Tree #4022 on Lot 1 was a 12’ Oak tree and was to remain but was accidently removed. This tree was not located in the Basic Use Area or in an Environmentally Sensitive Area. Tree mitigation requires 1 new tree for every tree removed; therefore, 1 new tree is required. Comment: 1. Sheet L1, Landscape Plan shall be revised to include one (1) new tree on Lot 1. This is in addition to the required boulevard tree. 2. Sheet PP1, Preliminary Plat a. The tree inventory chart shall be revised to note that tree #4022 was accidently removed and 1 new tree is required for mitigation. b. The tree inventory chart shall be revised to show that tree #4047 was not removed. 3. The Development Agreement shall include a $300 Tree Preservation Mitigation fine. Landscaping Boulevard trees are required at the rate of one (1) tree per lot frontage for single family and two family lots. Six (6) boulevard trees are proposed which is compliant with the ordinance. The open area is calculated at 19,820 s.f.. The landscape ordinance requires 1 large tree and 3 large shrubs per 2,000 s.f. This equates to 10 large trees and 30 large shrubs. The revised landscape plan provides 10 large trees but only 29 shrubs. The landscape plan is not compliant. Comments: 1. The Environmental Coordinator will review the revised Landscape Plan and make comments. 2. Sheet L1, Landscape Plan a. Plan shall be revised to include one (1) new tree on Lot 1 required for tree mitigation. This is in addition to the required boulevard tree. b. Plan shall be revised to include one (1) more open space shrub. The boulevard trees shall be located 10 feet back of curb and out of the front yard swales. Floodplain There is no floodplain on site. Shoreland Management Overlay The site is located in a Shoreland Management Overlay district of Baldwin Lake. Baldwin Lake is a Recreational Lake with an OWHL elevation of 883.1. A setback of 75 feet from the OHWL is required for all primary and accessory structures; however, this setback does not 7 impact any structures within the proposed development. Impervious surface coverage of 30% applies to all lots within the overlay district. Per Resolution No. 16-90 approving the preliminary plat: 1. The shoreland management overlay district shall be shown on the preliminary plat. The revised preliminary plat shows the shoreland management overlay district. Development Agreement A Development Agreement has been drafted and shall be executed by the City and the developer and recorded by the developer. Title Commitment The City Attorney reviewed and approved the title commitment and final plat. Stormwater Maintenance Agreement A Stormwater Management Facility Maintenance Agreement shall be required. RECOMMENDATION The Planning & Zoning Board reviewed the final plat and variances on June 14, 2017. The Board voted 6-0 in favor of recommending approval of the final plat and variances. ATTACHMENTS 1. Resolution No. 17-60 Approving Variances 2. Resolution No. 17-61 Approving Final Plat 3. Final Plat-Chavez Preserve 4. Resolution No. 17-62 Approving Development Agreement 5. Development Agreement 6. Resolution No. 17-68 Approving Stormwater Management Facility Maintenance Agreement 7. Stormwater Management Facility Maintenance Agreement 1 CITY OF LINO LAKES RESOLUTION NO. 17-60 RESOLUTION APPROVING VARIANCES FOR CHAVEZ PRESERVE WHEREAS, the City received an application for variance approvals for Chavez Preserve hereafter referred to as “Development”; and WHEREAS, City staff completed review of the proposed “Development” based on the following information: • Civil Plans, prepared by Plowe Engineering date May 26, 2017 • Stormwater Drainage Report, prepared by Plowe Engineering dated May 24, 2017 • Preliminary Plat, prepared by E.G. Rud & Sons dated April 18, 2017; and WHEREAS, White Pine Road is classified as a collector street; and WHEREAS, per Section 302.03(1)(a), street right-of-way widths shall not be less than 80 feet for collector streets; and WHEREAS, the section of White Pine Road along the proposed plat of Chavez Preserve currently has 73 feet of right-of-way and 7 more feet would be required to be dedicated on the final plat; and WHEREAS, the applicant is requesting a seven (7) foot variance to reduce required collector street right-of-way width from 80 feet to 73 feet; and WHEREAS, per Section 1007.090(2)(d)1b, building setbacks from collector or arterial streets are 40 feet; and WHEREAS, the applicant is requesting a ten (10) foot variance to reduce the required building setback from 40 feet to 30 feet; and WHEREAS, Planning & Zoning Board reviewed and recommended approval of the variances on June 14, 2017. NOW, THEREFORE BE IT RESOLVED by the City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT Per Section 1007.018(a), no variance shall be granted unless it meets all the criteria in paragraphs 1. through 7. below. The City shall make findings regarding compliance with these criteria. 2 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of Chapter 302 Street Construction Standards ordinance is to establish standards to encourage well planned and efficient streets by establishing standards for design and construction. The reduced right-of-way is harmonious with ordinance intent by continuing to provide well planned and efficient streets. The general purpose and intent of the R-1, Single Family Residential District is to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. The reduced street setback from 40 feet to 30 feet provides for the construction of single family homes in a residential atmosphere. 2. The variance shall be consistent with the comprehensive plan. Both variance requests are consistent with the comprehensive plan. The subject site is guided for low density residential development and the proposed 6 lot residential development is consistent in regards to land use and density. 3. There shall be practical difficulties in complying with the ordinance. “Practical difficulties,” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. There are practical difficulties in dedicating a full 40 feet of right-of-way and requiring a 40 foot street setback. The stormwater in this development is being managed through an infiltration basin and pond in the rear yards resulting in drainage and utility easements varying in width from 25 feet to 70 feet. Standards rear yards easements are 10 feet. All of the lots meet area and width requirements but the wider easements reduce the buildable rear yards. By not requiring the additional 7 feet of right-of-way and allowing the 10 foot street setback variance, the rear yards gain an additional 17 feet. 4. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner is due to circumstances unique to the property and was not created by the landowner. The developer is proposing to subdivide an existing lot of record platted in 1949. 5. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality. The adjacent properties are residential houses. The White Pine Road right-of-way west of the subject site to Baldwin Lake Road is only 60 feet and this area is fully developed. The front setbacks in the area (with the exception of 6201 Laurene Avenue) are 30 feet. 3 6. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. Single family detached homes are allowed as Permitted Uses in the R-1, Single Family Residential District. 7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning ordinance. Not applicable. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the following variances for Chavez Preserve: 1. Seven (7) foot variance to reduce required collector street right-of-way width from 80 feet to 73 feet. 2. Ten (10) foot variance to reduce required building setback from collector street from 40 feet to 30 feet. Adopted by the Council of the City of Lino Lakes this 10th day of July, 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 CITY OF LINO LAKES RESOLUTION NO. 17-61 RESOLUTION APPROVING THE FINAL PLAT FOR CHAVEZ PRESERVE WHEREAS, the City received an application for final plat approval for Chavez Preserve hereafter referred to as “Development”; and WHEREAS, City staff completed review of the proposed “Development” based on the following information: • Civil Plans, prepared by Plowe Engineering date May 26, 2017 • Lot Tabulation dated May 26, 2017 • Stormwater Drainage Report, prepared by Plowe Engineering dated May 24, 2017 • Preliminary Pl at, prepared by E.G. Rud & Sons dated April 18, 2017 • Engineer’s Cost Estimate dated April 18, 2017 • Title Commitment, prepared by First American Title Insurance Company dated April 6, 2017; and WHEREAS, the preliminary plat was approved by the City Council on September 12, 2016 with Resolution No. 16-90; and WHEREAS, the Planning & Zoning Board reviewed and recommended approval of final plat on June 14, 2017; and NOW, THEREFORE BE IT RESOLVED by the City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 1. The final plat substantially conforms to the approved preliminary plat subject to the conditions listed below. 2. The City Attorney approved the status of title/property ownership related to the final plat. 3. A Development Agreement has been completed. 4. Conditions attached to approval of the preliminary plat have been fulfilled or secured by the Development Agreement. 5. All fees, charges and escrow related to the preliminary or final plat have been paid in full. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the Final Plat for Chavez Preserve, subject to the following conditions: 1. All comments from City Engineer letter dated June 9, 2017 shall be addressed. 2. A Development Agreement shall be executed by the City and the developer and recorded by the developer. 2 3. A Building Permit for demolition shall be required prior to removal of either of the accessory structures. 4. Sheet PP1, Preliminary Plat a. The tree inventory chart shall be revised to note that tree #4022 was accidently removed and 1 new tree is required for mitigation. b. The tree inventory chart shall be revised to show that tree #4047 was not removed. 5. Sheet L1, Landscape Plan a. The Plan shall be revised to include one (1) new tree on Lot 1 required for tree mitigation. b. The Plan shall be revised to include one (1) more open space shrub. c. The boulevard trees shall be located 10 feet back of curb and out of the front yard swales. Adopted by the Council of the City of Lino Lakes this 10th day of July, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member_______________ and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY OF LINO LAKES RESOLUTION NO. 17-62 RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR CHAVEZ PRESERVE WHEREAS, the City Council approved the final plat for Chavez Preserve with Resolution No. 17-61 on July 10, 2017; and WHEREAS, the City’s subdivision ordinance and conditions of approval require the execution of a development agreement between the Developer and the City of Lino Lakes. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Development Agreement between Royal Oaks Realty, Inc. and the City of Lino Lakes for Chavez Preserve 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 10th day of July, 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 Chavez Preserve THIS AGREEMENT is made this _____ day of ____________, 2017, by and between the City of Lino Lakes, a Minnesota municipal corporation, and Dupont Holdings, LLC. “Developer”. 1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. 16-90 for a plat known as Chavez Preserve “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 Chavez Preserve as legally described on Exhibit A attached hereto, is contingent upon execution and delivery of this agreement and all required petitions, bonds, security, and documents, and satisfaction of all conditions of approval required by Resolution No. 17-61. The Final Plat is attached hereto as Exhibit B. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Development Agreements for such phases are approved by the City. 4. Developer Plans. a. The Subdivision shall be developed in accordance with the following Developer Plans, original copies of which are on file with the City Engineer. The Developer Plans may be prepared and revised after entering into this Agreement but must be approved by the City before commencement of any work. If the plans vary from the written terms of this Agreement, this Agreement shall control. b. The Developer Plans as of the date of this Agreement are: i. Chavez Preserve plan set containing 9 sheets, prepared by Plowe Engineering, dated May 26, 2017. ii. Chavez Preserve final plat, prepared by E.G. Rud & Sons, dated April 18, 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. Chavez Preserve Development Agreement June 10, 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 Exhibit C attached hereto. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense the following improvements according to the following terms and conditions: a. Site Grading i. No grading shall commence until all requirements of the Rice Creek Watershed District (RCWD) have been satisfied. ii. All site grading shall be conducted in accordance with the grading plan as approved by the City and in accordance with NPDES and RCWD requirements. The Developer shall perform the work in accordance with a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota Pollution Control Agency (MPCA) requirements. b. Grading and Erosion Control i. The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. ii. The street right-of-way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. iii. The Developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvement as proposed. iv. The Developer’s engineer shall certify in writing, with an as-built survey, that all grading complies with the approved grading plan prior to issuance of any building permits. v. The Developer shall promptly clear dirt and debris within public right -of- ways and drainage and utility easements resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer shall be responsible for all necessary street and storm sewer maintenance, including street Chavez Preserve Development Agreement June 10, 2017 page 3 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 comple ted 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. 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 by November 30, 2017. The Developer may request a reasonable extension of time from the City. If the extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Chavez Preserve Development Agreement June 10, 2017 page 4 8. City Improvements. No City improvements are proposed to be constructed for this subdivision. 9. Record Drawings. a. Upon project completion, Developer shall submit record drawin gs, in electronic format, of all public and private infrastructure improvements , including grading, sanitary sewer, watermain, storm sewer facilities, and roads, constructed by Developer. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. The Developer shall also submit certified compaction testing results for the site grading operations. b. A summary of the record plan attribute data for the storm sewer, watermain, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. c. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 10. Faithful Performance of Construction Contracts and Security. a. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements. Concurrent with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150%) percent of the total estimated cost of Developer's Improvements. b. Irrevocable Letter of Credit. If an Irrevocable Letter of Credit is utilized, it shall be for the exclusive use and benefit of the City of Lino Lakes and shall state that it is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Agreement and construction of all required improvements referenced therein in accordance with the ordinances and specifications of the City. The letter shall be in a form, and from a bank, as approved by the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this agreement. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates. The Irrevocable Letter of Credit may not be terminated without the City’s written consent. Chavez Preserve Development Agreement June 10, 2017 page 5 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 the payment of all costs incurred by the City related to the development of the Subdivision including, but not limited to, the following (See Exhibit C for breakdown of costs): i. Administration Chavez Preserve Development Agreement June 10, 2017 page 6 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 1 st, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. b. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting the charges. 16. Developer Fees. At the time of execution of this Agreement, the Developer shall pay the following fees related to the development of the Subdivision (See Exhibit C for breakdown of costs): a. Park Dedication The Park Dedication Fee for this site is calculated as follows: 5 units x $2,575 = $12,875 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. Not Applicable 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 th e 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 Chavez Preserve Development Agreement June 10, 2017 page 7 paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit C. f. Trunk Water Unit Charges The City established trunk unit charges to uniformly distribute the costs of public trunk water infrastructure. Each individual connection to the water system shall be charged a unit charge per SAC unit (currently at $4,069 per SAC unit). The calculation of the SAC units shall be based on the procedure outlined in the Metropolitan Council Environmental Services Sewer Availability Charge Procedure Manual. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit C. g. Surface Water Management Area Charges The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on developable acreage, in the amount specified in Exhibit C. 17. Assessment of Charges and Waiver of Rights. a. In consideration of the construction of City Improvements listed in Paragraph 8 and /or provision of sewer, water and storm water services, the Developer agrees that the costs of City Improvements together with Trunk Sewer Unit Charge, Trunk Water Unit Charge and the Surface Water Management Area Charge (collectively, “the Charges”) may be assessed against the Subdivision parcels. The Developer hereby waives any and all procedural and substantive objections to the special assessments, including notice and hearing requirements, any claim that the assessments exceed the benefit to the properties, and any right to appeal. b. Unless the Developer pays the entire balance owed for the Charges contemporaneously with the execution of this Agreement , the Developer shall provide to the City a cash escrow or irrevocable letter of credit in an amount equal to 35% of the total assessments for the Charges as estimated by the City Engineer (see Exhibit C). The letter of credit shall be in a form, and from a bank, as approved by the City. The letter of credit or cash escrow may be used by the City upon default by Developer in the payment of special assessments. The cash escrow or letter of credit shall remain in place throughout the term of the special assessments. The letter of credit may not be terminated without the City’s written consent. Chavez Preserve Development Agreement June 10, 2017 page 8 c. Developer, its heirs, successors or assigns, agrees that within 30 days after the date of sale of a lot, the Developer, its heirs, successors or assigns, at its own cost and expense, shall pay the entire unpaid charges assessed or to be assessed under this agreement against such property. d. If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to 120% of the Engineer's estimate of the special assessments for such Charges that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. e. Acceleration upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat or development, or fails to pay when due any installment of any special assessment levied pursuant to this agreement, or any interest thereon, the City at its option, in addition to its rights and remedies hereunder, after 10 days written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided herein. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued i nterest 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 th e 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 att orneys' fees, if the City prevails in any enforcement action. Chavez Preserve Development Agreement June 10, 2017 page 9 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: Not Applicable ii. Not Applicable 19. Special Provisions. a. The Developer shall remove the existing structures from the site and grade the site prior to building permits being issued. b. A $300 Tree Preservation Mitigation fee shall be paid by the Developer for tree replacement. 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 than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 22. Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, Chavez Preserve Development Agreement June 10, 2017 page 10 provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, chapter 429. 23. General. a. Binding Effect The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land, unless otherwise released pursuant to section 14 of this Agreement. b. Validity. 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 change d by notice given as above. DuPont Holdings, LLC Attn: Marcel Eibensteiner 1000 County Road West, Suite 150 Shoreview, MN 55126 Community Development Director City of Lino Lakes 600 Town Center Parkway Chavez Preserve Development Agreement June 10, 2017 page 11 Lino Lakes, MN 55014 Chavez Preserve Development Agreement June 10, 2017 page 12 24. Land Use Controls Not Applicable Chavez Preserve Development Agreement June 10, 2017 page 13 DEVELOPER CITY OF LINO LAKES By ______________________ By _________________________ Mayor Its ______________________ ATTEST By _________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2017, by Jeff Reinert as Mayor of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2017 by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public Chavez Preserve Development Agreement June 10, 2017 page 14 STATE OF MINNESOTA ) ) SS COUNTY OF __________ ) On this _______ day of _______________, 2017, before me, a Notary Public within and for said County, personally appeared ____________, __________________ of ___________________. Developer, who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Chavez Preserve Development Agreement June 10, 2017 page 15 EXHIBIT A Legal Description That part of Lots 1 and 2, Block 1 ARTHUR E THOM ACRES, Anoka County, Minnesota, lying westerly of the East 100 feet thereof. Chavez Preserve Development Agreement June 10, 2017 page 16 EXHIBIT B Final Plat 6/26/2017 EXHIBIT C Securities, Escrows & Fees PROJECT: Chavez Preserve NUMBER OF REU's:6 APPLICANT: Dupont Holdings, LLC.NO. OF LOT FRONTAGES 6 AREA (ACRES):2.18 IMPROVEMENTS COST DEVELOPER IMPROVEMENT COSTS (Public) SITE GRADING & RESTORATION $18,505 EROSION CONTROL $3,360 LANDSCAPING $3,850 TRAIL $0 STREETS $0 STORM SEWER CONST.$21,894 SANITARY SEWER CONST.$1,300 WATERMAIN CONST.$1,840 ENGINEERING & SURVEYING $2,500 Total $53,249 Letter of Credit Amount X 150%$79,874 ESCROW for CITY'S COSTS ADMINISTRATION $2,500 ENGINEER PLAN REVIEW $4,500 ENGINEER CONSTRUCTION SERVICES $5,500 PROJECT FINAL DOCUMENTS & CITY ENGINEER $3,000 STREET LIGHT INSTALLATION $0 STREET & STORMWATER MAINTENANCE $2,000 PROPERTY TAXES $0 BOULEVARD TREE PLANTING $2,910 Total $20,410 DEVELOPMENT FEES PARK DEDICATION $12,875 PARK DEDICATION CREDIT $0 Subtotal Park Dedication Fee $12,875 AUAR $0 SEAL COATING FEE $0 AERIAL PHOTO FEE $540 STREET LIGHTING OPERATION $0 TREE PRESERVATION MITIGATION FEE $300 Total $13,715 TRUNK SANITARY SEWER $18,438 SANITARY SEWER LATERAL ($40/FT)$19,200 TRUNK WATERMAIN $24,414 WATERMAIN LATERAL ($37/FT)$17,760 TOTAL TRUNK SEWER & WATER FEES $79,812 SURFACE WATER MANAGEMENT $14,244 SURFACE WATER MANAGEMENT CREDIT ($2,374) TOTAL SURFACE WATER MANAGEMENT FEES $11,870 Total $91,682 Letter of Credit Amount X 35% $32,089 SUMMARY OF SECURITIES, ESCROW & FEES SECURITY: DEVELOPER IMP'MENT COSTS $79,874 ESCROW FOR CITY COSTS $20,410 DEVELOPMENT FEES $13,715 SECURITY: TRUNK FEES $32,089 CITY OF LINO LAKES RESOLUTION NO. 17-68 RESOLUTION AUTHORIZING EXECUTION OF STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT BETWEEN RICE CREEK WATERSHED DISTRICT AND CITY OF LINO LAKES WHEREAS, the Chavez Preserve project includes the construction of stormwater facilities; and WHEREAS, such stormwater facilities are subject to the requirements of the Rice Creek Watershed District; and WHEREAS, the Rice Creek Watershed District Board of Managers conditionally approved Permit No. 16-071 for the project subject to the execution a maintenance agreement between the City and the Watershed District. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes executes the Stormwater Management Facility Maintenance Agreement between the Rice Creek Watershed District and City of Lino Lakes. Adopted by the Council of the City of Lino Lakes this 10th day of July, 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 STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT Rice Creek Watershed District and City of Lino Lakes This Maintenance Agreement (“Agreement”) is made by and between the Rice Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes Chapters 103B and 103D of the laws of the State of Minnesota (RCWD), and the City of Lino Lakes, a Minnesota municipal corporation (“City”). Recitals WHEREAS pursuant to Minnesota Statutes § 103D.345, the RCWD has adopted and implements Rule C, Stormwater Management Plans. WHEREAS Rule C imposes an obligation that stormwater management facilities constructed for the purpose of meeting Rule C be inspected and maintained in perpetuity. WHEREAS in accordance with Rule C, the inspection and maintenance obligation must be memorialized by a recorded maintenance declaration or, when the obligor is a public entity, by a maintenance agreement establishing the perpetual maintenance obligation; WHEREAS the RCWD has issued Permit 16-071 to Royal Oaks Realty, Inc. (“Permittee”), and the Permittee is conveying to the City and the RCWD the right, in perpetuity, to enter, re-enter and occupy permittee’s property for that purpose; WHEREAS the City and the RCWD execute this Agreement to fulfill the condition of RCWD Permit 16- 071, and concur that it is legally binding and rests on mutual valuable consideration. THEREFORE: 1. The City, at its cost, will inspect and maintain the stormwater management facilities delineated and labeled on Exhibit A as BASIN 1, BASIN 2, SWALE, and SWALE WITH DRAIN TILE (x3). The City will: a. Obtain certified as-built contours for all ponds and inspect the ponds, and associated outlet structures, culverts and outfall structures one year and two years after the completion of as- builts, including measuring sediment accumulation by a method accurate to within one vertical foot. Thereafter, the Permittee will perform inspections in the fifth year after pond completion and every five years thereafter. If inspections show that sediment may accumulate to 50 percent of wet storage volume, or 25 percent of dry detention volume, within less than five years, the Permittee will inspect more frequently. Pond function will be considered inadequate if sediment accumulation has decreased the wet storage volume by 50 percent or dry detention volume by 25 percent, and the Permittee will restore the basin to its original 2 design elevations and dimensions and restore vegetation in disturbed areas within one year of the inspection date. b. Inspect stormwater infiltration and filtration basins, including rain gardens, annually, to preserve live storage capacity at or above the design volume. Remove vegetation, maintain healthy plant growth and remove excess sediment and debris to ensure that the facilities continue to perform per design. c. Inspect grit chambers, sump catch basins and sump manholes annually. Accumulated sediment and debris will be removed so that each facility continues to operate as designed and erosion or structural problems are corrected. d. Inspect conveyances and other structures annually. Ensure preservation of designed hydraulic capacity. 2. If the City conveys into private ownership a fee interest in all or any portion of the public property that is subject to this Agreement, it must require as a condition of sale, and enforce: (a) that the purchaser record a declaration on the property incorporating the stormwater management facility maintenance requirements of this Agreement; and (b) that recordation occur either before any encumbrance is recorded on the property or, if after, only as accompanied by a subordination and consent executed by the encumbrance holder ensuring that the declaration will run with the land in perpetuity. If the City conveys into public ownership a fee interest in all or any portion of the property that is subject to this Agreement, it must require as a condition of the purchase and sale agreement that the purchaser accept an assignment of all obligations vested under this Agreement. 3. This Agreement is in force for five years from the date on which it is fully executed and will renew automatically for five-year terms unless terminated by the parties. This Agreement may be amended only in a writing signed by the parties. 4. The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RICE CREEK WATERSHED DISTRICT By _________________________ Date: Phil Belfiori, Administrator CITY OF LINO LAKES By ____________________________ Date: Michale Grochala, Community Development Director Chavez Preserve Council Meeting July 10, 2017 Land Use Application•Chavez Preserve •Final Plat •2 Variances 2 3 4 •Sept 2016: 6 lot preliminary plat approved •R-1 single family residential •1 parcel (177 White Pine Road) = 2 acres 5 X House has been relocated 6 Revised Preliminary Plat 7 Final Plat •Front easements: 10 to 15 feet •Rear easements: 55 to 70 feet •Accommodate the stormwater facilities. 8 Revised Stormwater Ponds Infiltration NURP swales Cash in Lieu of Land Dedication 9 Park Dedication Fees Total # of Lots =5 x 2017 Park Dedication Fee $2,575 = Total Due $12,875 •No fee for once existing house Zoning 10 Required per R-1 Proposed Min. Lot Size1 (upland)10,800 s.f.Ave. 12,220 s.f. Min. Lot Width (feet)80 Vary 83 -106 Min. Lot Depth (feet)135 174 Building Setback (feet) -From Collector Roads 40 30a -Rear --Principal 30 30 -Side --Principal 10 10 --Accessory 5 5 Variance #17 foot variance to reduce required collector road right-of-way width from 80 feet to 73 feet •ROW widths = 80 feet for collector streets. •White Pine Road along the proposed plat of Chavez Preserve currently has 73 feet of right-of-way •7 more feet would be required to be dedicated on the final plat. 11 12 Variance #1•Stormwater managed through ponds in the rear yards •Rear drainage and utility easements varying in width from 55 feet to 70 feet. •Standards rear yards easements are 10 feet. •All of the parcels meet lot area and width requirements but the wider easements reduce the buildable rear yard area. •By not requiring the additional 7 feet and allowing the right- of-way to remain at 73 feet, the rear yards gain an additional 7 feet. 13 14 Corridor ROW Widths •Existing traffic volumes < than 500 ADT and projected 2030 traffic forecasts < 1,999. •Volumes would not warrant the need for a wider roadway in the future. •Paved roadway of White Pine Road is off-set approximately 8 feet to the south within the existing right-of-way •30 feet from the north curb line to the south property line of Chavez Preserve Variance #210 foot variance to reduce required street setback from 40 feet to 30 feet •Building setback on collector roads is 40 feet •Increased setback provides more separation from the house and the more intense, higher traffic volume roadway. •Paved roadway of White Pine Road is off-set approximately 8 feet to the south within the existing right-of-way. •Provides at least 8 feet vs. 10 feet of additional separation from the house and paved road surface. 15 16 Analysis of Existing Front Setbacks Res. No. 17-60: Findings of Fact-Variance 1.Harmony with the general purposes and intent of the ordinance 2.Consistent with the comprehensive plan 3.Practical difficulties in complying with the ordinance 4.Plight of the landowner shall be due to circumstances unique to the property not created by the landowner 5.Shall not alter the essential character of the locality 17 Res. No. 17-61:Findings of Fact-Final Plat 1.Substantially conform to the approved preliminary plat 2.Subsequent phases (NA-one phase development) 3.Conditions attached to approval of the preliminary plat shall be substantially fulfilled 18 Recommendation•Planning & Zoning Board reviewed on June 14, 2017 •Board and Staff recommends approval of the variances and final plat for Chavez Preserve subject to the conditions listed in the staff report. 19 Council Actioni.Consider Resolution No. 17-60 Approving Variances ii.Consider Resolution No. 17-61 Approving Final Plat iii.Consider Resolution No. 17-62 Approving Development Agreement iv.Consider Resolution No. 17-68 Approving Stormwater Management Facility Maintenance Agreement 20 1 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: July 10, 2017 TOPIC: Consider Resolution No. 17-63 Approving Preliminary Plat for Houle Addition VOTE REQUIRED: 3/5 INTRODUCTION Complete Application Date: May 15, 2017 60-Day Review Deadline: July 14, 2017 120-Day Review Deadline: September 12, 2017 Environmental Board Meeting: May 31, 2017 Park Board Meeting: N/A Planning & Zoning Board Meeting: June 14, 2017 Tentative City Council Work Session: July 5, 2017 Tentative City Council Meeting: July 10, 2017 The applicant, Guy Houle with GRH Contracting, has submitted a land use application for preliminary plat. The proposed development is a 1 lot and 1 outlot single family residential subdivision located at the north end of Ruffed Grouse Road. The development contains one 30.72 gross acre parcel and is called Houle Addition. Mr. Houle intends to construct 1 single family home at the north end of Ruffed Grouse Road. BACKGROUND History This parcel has been through several land use proposals. In 2008, Ed Vaughan received preliminary plat (Resolution No. 08-22) and final plat (Resolution No. 08-44) approval for 1 lot and 1 outlot. The final plat was never recorded; therefore, the preliminary plat and final plat are void. In 2004, Mr. Vaughan received PUD Development Stage Plan/Preliminary Plat approval but a PUD Final Plan/Final Plat was never submitted; therefore the PUD Development Stage Plan/Preliminary Plat is void. 2 Existing Site Conditions The 30 acre site is a vacant rural parcel containing wetlands, short grasses and woodlands. The Hydrology and Soil Summary Sheet indicates peat soils, sandy subsoils and Miami fine sandy loam soil. The soil boring logs indicate presence of lean clay till soils below topsoil extending 10 feet below grade. Groundwater was encountered at approximately 17 feet. Trees on the proposed single family lot have been substantially removed from the site. The Rice Creek Chain of Lakes Regional Park Reserve abuts the property to the north. The plans show a retaining wall and fence belonging to 6697 Ruffed Grouse encroaching 1.5 feet into Lot 1. Zoning The subject site was rezoned from PUD, Planned Unit Development to R-1X, Single Family Executive in 2008 with Ordinance No. 02-08 as part of the then proposed Vaughan’s 1st Addition. Current Zoning R-1X, Single Family Executive Current Land Use Vacant Rural Residential Future Land Use per CP Low Density Sewered Residential Utility Staging Area 1A=2008-2015 Surrounding Zoning and Land Use Direction Zoning Current Land Use Future Land Use North PSP Regional Park Parks & Open Space South R-1X Single Family Residential Low Density Sewered Residential East R-1X, PSP Vacant Rural Residential Low Density Sewered Residential West R-1 Open Space Park & Open Space Zoning Requirements The entire site is 30.72 acres. Lot 1 is being created for the purpose of constructing one (1) single family home. Outlot A is the remaining balance and will remain undeveloped. Required per R-1X Lot 1 Outlot A Min. Lot Size (upland) 12,825 s.f. 40, 574 s.f. (0.93 acres) 1,136,590 s.f. (26.09 acres) Gross Lot Size NA 201,870 s.f. 1,136,590 s.f. 3 (4.63 acres) (26.09 acres) Min. Lot Width 90 feet (interior lot) 915 feet NA Min. Lot Depth 135 feet 220 feet NA Building Setback (feet)1 -From Streets Local = 30 feet 30 feet NA -Rear --Principal 30 feet 135 feet NA -- Accessory 5 feet 135 feet NA -Side --Principal 10 feet 220 feet NA --Accessory 5 feet 380 feet NA Buffer Adjacent to Collector 15 foot NA NA Impervious Surface --Within Shoreland District 30% Reviewed at building permit NA Per Section 1007.091(2)(a), minimum lot size is 12,825 square feet of contiguous buildable land. Contiguous buildable land is land area occurring within the property lines of a parcel or lot excluding wetlands and/or water bodies. This includes a 10 foot buffer/easement extending outward from the delineated wetland boundary. Lot 1 appears to meet the minimum requirements but this shall be verified. The property is located within the Shoreland Overlay District of Wards Lake and setbacks from the ordinary high water level (OHWL) apply. This is further discussed below under Shoreland Management Overlay District. Comments: 1. The lot area (contiguous buildable land) shall be recalculated and correctly shaded to exclude the delineated wetland boundary plus 10 foot buffer/easement. 2. Sheet 4, Preliminary Plat shall show building setbacks (front, side and rear) measured to the lot line. Building Requirements At the time of building permit, the single family dwelling unit will be reviewed for compliance regarding floor area, garage and design and construction standards. 4 Comprehensive Plan Houle Addition is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities. Density and Land Area Calculations The following chart implements Met Council’s formula for calculating net density. Gross Area (acres) 30.72 Wetlands & Water Bodies TBD Public Parks & Open Space NA Arterial ROW NA Other (Wetland Buffer Conservation Easement) TBD Net Area (acres) TBD # of Units 1 Gross Density (units/acre) TBD Net Density (units/acre) TBD The subject site is guided low density residential development and allows for 1.6 to 3.9 units per net acre. Although more detailed information is needed verify consistency, it appears Houle Addition meets the land use goals of low density residential development by creating a 1 lot subdivision on a 4.63 gross acre parcel. Subdivision Ordinance The legal description of the subject site is Outlot D, Pheasant Hills Preserve with exceptions. Per Section 1001.098(15), an outlot shall be platted into a lot and block prior to issuance of a building permit; hence, a preliminary and final plat are required. Per Section 1001.076(2), any subdivision that results in the creation of one or more sewered residential lots shall be platted in full compliance with preliminary plat and final plat requirements and therefore, it is not a minor subdivision. Conformity with the Comprehensive Plan and Zoning Code The preliminary plat is consistent with the comprehensive plan for low density residential development and zoning code requirements for R-1X, Single Family Executive as discussed above. 5 Blocks and Lots The preliminary plat contains Lot 1, Block 1 and Outlot A. The Preliminary Plat Sheet 03 indicates a 1,710 s.f. future buildable area on Outlot A along CSAH 34/Birch Street. Comments: 1. Any future subdivision and development of Outlot A shall require full preliminary and final plat review and approval. 2. No principal or accessory buildings shall be constructed on Outlot A. Streets and Alleys Lot 1 (future single family) has frontage along Ruffed Grouse Road that has 60 feet of platted right-of-way. Outlot A has frontage along CSAH 34/Birch Street. No street improvements are required. Comments: 1. CSAH 10 shall be renamed CSAH 34 on all plan sheets. Easements Standard drainage and utility easements at least 10 feet wide shall be provided along all lot lines. The wetland shall be protected by an easement that includes a 10 foot buffer extending outward from the delineated wetland boundary. The preliminary plat shows 10 foot easement along the front and side lot lines. It also indicates an easement around the wetland but it does not meet the required 10 feet. A conservation easement, if required by RCWD, shall be dedicated over the wetland management corridor. Comments: 1. The entire delineated wetland boundary shall be shown on the preliminary plat. 2. The preliminary plat shall be revised to show the drainage and utility easements including a 10 foot buffer extending outward from the entire delineated wetland boundary. 3. A separate plan sheet shall be submitted showing any required conservation easement. Storm Water Management and Erosion and Sediment Control Per the submitted Grading and Utilities Plan Sheet 5, no stormwater management facilities are proposed and drainage appears to occur on site. RCWD and the City Engineer will review and comment on plan. Comments: 6 1. The plan sheet indicates 470 s.f. of grading within the shore impact zone. a. The applicant shall clarify what this is and where it is located. 2. The Upland Lot Area (42,603 s.f.) does not match the data provided on Sheet 03 and the plans shall be revised accordingly. Utilities Sanitary Sewer An 8” PVC sanitary sewer main along Ruffed Grouse Road will serve Lot 1. There is an 8” sanitary plug at the end of the main. Watermain A 6” DIP watermain along Ruffed Grouse Road will serve Lots 1. There is a 6” watermain plug at the end of the main. Public Land Dedication The Park, Natural Open Space, Greenways and Trail System Plan do not indicate a future neighborhood park within the area. The City is requiring cash in lieu of land dedication for the new lot. Park Dedication Fees Total # of Lots = 1 x 2017 Park Dedication Fee $2,575 = Total Due $2,575 Tree Preservation The goal of tree preservation is to minimize unnecessary loss of habitat, biodiversity and forest resource and to replace removed trees in areas where tree cover is most critical. Several trees have been removed from the entire site prior to submittal of the land use application. The Grading and Utility Plan, Sheet 05 identifies 2 trees on Lot 1 and that these trees are not being impacted. A tree inventory is not required for Outlot A since no development is proposed. Comments: 1. Staff has concerns the tree west of the house may be damaged during site grading. a. The applicant shall provide tree protection. Landscaping No landscape plan was submitted. One (1) boulevard tree is required. Comments: 7 1. A separate Landscape Plan shall be submitted showing the location and tree species for one (1) boulevard tree. Environmental Assessment Worksheet (EAW) An Environmental Assessment Worksheet is not mandated. The one (1) unattached residential unit is under the 250 unattached unit thresholds. Wetlands A Wetland Delineation Report was completed by Jacobson Environmental, PLLC on May 23, 2017 and is currently under review by RCWD. Since no future development is to occur on Outlot A, a delineation is only required on Lot 1. A WCA Notice of Decision has not yet been received. The site is located within in the RCWD Wetland Management Corridor (WMC). A conservation easement covering an average 50 foot wide wetland buffer may be required. Comments: 1. A WCA Notice of Decision shall be submitted to the City. 2. Plans shall be revised to reflect the WCA approved delineated boundary. 3. The entire wetland boundary on Lot 1 shall be delineated and shown on the plans. 4. If required by RCWD, the WMC 50 foot buffer area and the proposed WMC buffer area shall be provided on a separate plan sheet. Floodplain The 2015 DFIRM indicates Zone A floodplain on both Lot 1 and Outlot A. The plan sheets indicate a RCWD floodplain base flood elevation (BFE) of 887.6. The Grading and Utilities Plan Sheet 05 show the north corner of the house abutting the floodplain. Grading and house construction could potentially impact the floodplain. Comments: 1. The applicant shall provide written documentation from RCWD the 887.6 BFE is correct. a. If correct, this should be listed under “Notes” on the plan sheets. 2. The applicant shall verify the floodplain will not be impacted. Shoreland Management Overlay The site is located in a Shoreland Management Overlay district of Wards Lake. This lake is a classified as a Natural Environment Lake and has an 883.7 OHWL elevation. A setback of 150 feet from the OHWL is required for all primary and accessory structures. Section 1102.07(2)(a) does however, allow for the following exception: 8 “Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone.” The plans show the 883.7 OHWL; however, staff understands this elevation was not field surveyed and may not be accurate. Therefore, the setbacks of houses on the adjoining lots cannot be verified. The February 11, 2008 Council Report states the house at 6697 Ruffed Grouse is 70.6 feet from the OHWL and the house at 6690 Ruffed Grouse is 90.5 feet from the OHWL. The average of the 2 setbacks is 80.55 feet and this would be the allowed setback from the OHWL. Unfortunately, this information may not be accurate and must be field surveyed and recalculated. The Preliminary Plat Plan Sheet 04 incorrectly shows the 75 foot shore impact zone as the allowed setback. The proposed house plan encroaches into the previously approved 80.55 foot average setback. Again, this information needs to be verified and recalculated. The plan sheet also incorrectly labels the 75 foot shore impact zone as the Upland Boundary. The Grading Plan indicates 2.31% impervious surface coverage which meets the allowed 30% impervious surface coverage of the shoreland ordinance. Comments: 1. The 883.7 OHWL shall be field surveyed and shown on the plans. 2. The actual house setbacks to the OHWL of 6697 Ruffed Grouse and 6690 Ruffed Grouse shall be shown on the plans. 3. The average of setback line of theses adjacent houses shall be shown on the plan. 4. The 75 foot shore impact zone shall be clearly marked on the Preliminary Plat Plan Sheet 04 and Grading and Utilities Plan Sheet 05. 5. The Upland Boundary label shall be renamed Contiguous Buildable Area. 6. The Contiguous Buildable Area shall be shown and calculated 10 feet outward from the delineated wetland boundary. 7. The civil plans and house plans shall be revised to meet the accurately calculated average setback. 8. On the Preliminary Plat Plan Sheet 04, it shall be included under Notes that all structures (decks, accessory structures etc.) shall meet the required OHWL setback. Final Plat A land use application for final plat and Development Agreement shall be required. RECOMMENDATION The Planning & Zoning Board held a public hearing on June 14, 2017. There were no public comments. The Board voted 6-0 in favor of the preliminary plat. 9 The Board and staff recommend approval of the preliminary plat for Houle Addition with the conditions listed in Resolution No. 17-63. ATTACHMENTS 1. Resolution No. 17-63 Approving Preliminary Plat 2. Preliminary Plans and Preliminary Plat 1 CITY OF LINO LAKES RESOLUTION NO. 17-63 APPROVING PRELIMINARY PLAT FOR HOULE ADDITION WHEREAS, the City received a land use application for preliminary plat for Houle Addition hereafter referred to as “Development”; and WHEREAS, City staff completed a review of the “Development” based on the following: • Preliminary Plans and Preliminary Plat prepared by Kaskaskia Engineering Group, LLC dated 5/15/17 • House Building Plans prepared by Schwieters Home Design dated 2/29/17 • Soil Borings prepared by Professional Engineering Consultants dated 2/7/17; and WHEREAS, a public hearing was held before the Planning & Zoning Board on June 14, 2017 and the Board recommended approval of the “Development”. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT Per Subdivision Ordinance Section 1001.013, Premature Subdivision: (1) General. Any concept plan, preliminary plat or final plat deemed premature pursuant to the following criteria shall be denied by the City Council. (2) Conditions for establishing a premature subdivision. A subdivision may be deemed premature should any of the following conditions not be met. (a) Consistency with the Comprehensive Plan. Including any of the following: 1. Land use plan; 2. Transportation plan; 3. Utility (sewer and water) plans; 4. Local water management plan; 5. Capital improvement plan; and 6. Growth management policies, including MUSA allocation criteria. Houle Addition is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities as detailed in this staff report. The development is also consistent with the local water management plan, capital improvement plans and growth management policies. (b) Consistency with infill policies. A proposed urban subdivision shall meet the city's infill policies: 1. The urban subdivision must be located within the Metropolitan Urban Service Area (MUSA) or the staged growth area as established by the city's Comprehensive Plan; 2 2. The cost of utilities and street extensions must be covered by one or more of the following: a. An immediate assessment to the proposed subdivision; b. One hundred percent of the street and utility costs are privately financed by the developer; c. The cost of regional and/or oversized trunk utility lines can be financed with available city trunk funds; and d. The cost and timing of the expenditure of city funds are consistent with the city's capital improvement plan. 3. The cost, operation and maintenance of the utility system are consistent with the normal costs as projected by the water and sewer rate study; and 4. The developer payments will offset additional costs of utility installation or future operation and maintenance. Houle Addition is consistent with infill policies. The development is within the current Utility Staging Area 1A=2008-2015. No new utility or street extensions are required. The cost, operation and maintenance of the utility system is consistent with the normal costs projected by the water and sanitary system plans. No future utility costs are proposed. (c) Roads or highways to serve the subdivision. A proposed subdivision shall meet the following requirements for level of service (LOS), as defined by the Highway Capacity Manual: 1. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade; 2. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C; 3. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D; 4. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better; 5. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies; 6. The traffic generated from a proposed subdivision shall not require city street improvements that are inconsistent with the Lino Lakes capital improvement plan. However, the city may, at its discretion, consider developer-financed improvements to correct any street deficiencies; 7. The LOS requirements in divisions (2)(c)1. to 4. above do not apply to the I-35W/Lake Drive or I-35E/Main St. interchanges. At city discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Department of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties that contribute to traffic at the interchange; and 3 8. The city does not relinquish any rights of local determination. Houle Addition meets the requirements for level of service (LOS). Ruffed Grouse Road is a local street and has capacity to accommodate 1 new single family home. No street improvements are proposed that are inconsistent with the City’s capital improvement plan. The city does not relinquish any rights of local determination. (d) Water supply. A proposed subdivision shall be deemed to have an adequate water supply when: 1. The city water system has adequate wells, storage or pipe capacity to serve the subdivision; 2. The water utility extension is consistent with the Lino Lakes water plan and offers the opportunity for water main looping to serve the urban subdivision; 3. The extension of water mains will provide adequate water pressure for personal use and fire protection; and 4. The rural subdivision can demonstrate that each of the proposed lots can be provided with a potable water supply. Houle Addition will have an adequate water supply. The subject site is served by a 6” DIP watermain along Ruffed Grouse Road. The water supply system has capacity to handle 1 single family home. (e) Waste disposal systems. A proposed subdivision shall be served with adequate waste disposal systems when: 1. The urban sewered subdivision is located inside the city's MUSA or is consistent with the MUSA allocation criteria; 2. The city has sufficient MUSA and pipe capacity to serve the subdivision if developed to its maximum density; 3. The subdivision will result in a sewer extension consistent with Lino Lakes sewer plan and capital improvement plan; 4. A rural subdivision can demonstrate that each lot can be served by an adequate sanitary sewer disposal system; and 5. A rural subdivision with a proposed communal sanitary sewer or water system has an effective long range management and maintenance program with proper financing. Houle Addition will be served with an adequate waste disposal system. The subject site is located in Sanitary Sewer District 1 (Sub-district 1D) and is served by MCES Lift Station L69. An 8” PVC sanitary sewer main extends along Ruffed Grouse Road. The sanitary system has capacity to handle 1 single family home. BE IT FURTHER RESOLVED by the City Council of The City of Lino Lakes hereby establishes that Houle Addition is not a premature subdivision; and BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby approves the preliminary plat for Houle Addition subject to the following conditions: 1. Comments from City Engineer Letter dated June 7, 2017 shall be addressed. 2. Comments from the Environmental Coordinator letter dated June 9, 2017 shall be addressed. 4 3. General Comments: a. Any future subdivision and development of Outlot A shall require full preliminary and final plat review and approval. b. No principal or accessory buildings shall be constructed on Outlot A. c. CSAH 10 shall be renamed CSAH 34 on all plan sheets. 4. Sheet 03-04, Preliminary Plat: a. The lot area (contiguous buildable land) shall be recalculated and correctly shaded to exclude the delineated wetland boundary plus 10 foot buffer/easement. b. Both sheets shall show building setbacks (front, side and rear) measured to the lot line. c. Sheet 04 shall include the density chart with correct area calculations for each line item. d. The entire delineated wetland boundary shall be shown on the preliminary plat, especially on Lot 1, Block 1. e. Both sheets shall be revised to show the drainage and utility easements including a 10 foot buffer extending outward from the entire delineated wetland boundary. f. A separate plan sheet shall be submitted showing any required conservation easements. g. The 883.7 OHWL shall be field surveyed and shown on the plans. h. The actual house setbacks to the OHWL of 6697 Ruffed Grouse and 6690 Ruffed Grouse shall be shown on the plans. i. The average of setback line of theses adjacent houses shall be shown on the plan. j. The 75 foot shore impact zone shall be clearly marked on the Preliminary Plat Plan Sheet 04 and Grading and Utilities Plan Sheet 05. k. The Upland Boundary label shall be renamed Contiguous Buildable Area. l. The Contiguous Buildable Area shall be shown and calculated 10 feet outward from the delineated wetland boundary. m. The civil plans and house plans shall be revised to meet the accurately calculated average setback. n. On the Preliminary Plat Plan Sheet 04, it shall be included under Notes that all structures (decks, accessory structures etc.) shall meet the required OHWL setback. 5. Sheet 05, Grading and Utilities: a. The plan sheet indicates 470 s.f. of grading within the shore impact zone. i. The applicant shall clarify what this is and where it is located. b. The Upland Lot Area (42,603 s.f.) does not match the data provided on Sheet 03 and the plans shall be revised accordingly. c. Staff has concerns the tree west of the house may be damaged during site grading. i. The applicant shall indicate tree protection measures on the plan. 6. Landscape Plan: a. A separate Landscape Plan shall be submitted showing the location and tree species for one (1) boulevard tree. 7. Wetlands: a. A WCA Notice of Decision shall be submitted to the City. b. All plans shall be revised to reflect the WCA approved delineated boundary. c. The entire wetland boundary on Lot 1 shall be delineated and shown on the plans. d. If required by RCWD, the WMC 50 foot buffer area and the proposed WMC buffer area shall be provided on a separate plan sheet. 8. Floodplain: 5 a. The applicant shall provide written documentation from RCWD the 887.6 BFE is correct. i. If correct, this should be listed under “Notes” on the plan sheets. b. The applicant shall verify the floodplain will not be impacted. Adopted by the Council of the City of Lino Lakes this 10th day of July, 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 PRELIMINARY PLANSforPLAT, GRADING, STREETS, UTILITIESforHOULE ADDITIONLINO LAKES, MNINDEX:Sheet Number Sheet Title1COVER2 CERTIFICATE OF SURVEY3 - 4PRELIMINARY PLAT5GRADING6NEIGHBORHOOD CONTEXT AND DETAILS7 RESOURCE INVENTORYPREPARED BY:VICINITY MAP(NOT TO SCALE)PREPARED FOR:GRH Contracting4417 Channel Lane NEEast Bethel, MN 55092Contact: Guy HoulePhone: 612-210-3854Preliminary PlansforPLAT, GRADING, STREETS,AND UTILITIESforHOULE ADDITIONLINO LAKES, MNDate: 5/15/2017Sheet: 1 of 7NOT FOR CONSTRUCTION LEGENDBENCHMARKBASIS OF BEARINGSPROPERTY DESCRIPTIONCERTIFICATE OF SURVEY 02NOTESDATELIC. NO.HOULE PROPERTY LINO LAKES, MN0717-1042SCARPAGRH Contracting 4417 Channel Lane NE East Bethel, MN 55092 LOT 1OUTLOT A OUTLOT ABLOCK 1BENCHMARKBASIS OF BEARINGSEXISTING PROPERTY DESCRIPTIONNOTESZONING SUMMARYLOT SUMMARYHOULE ADDITION030617-1042SCARPAGRH Contracting 4417 Channel Lane NE East Bethel, MN 55092PROPOSED PROPERTY DESCRIPTIONDATELIC. NO.LEGENDPRELIMINARY PLAT HOULE PROPERTY LINO LAKES, MN HOULE ADDITION040717-1042SCARPAGRH Contracting 4417 Channel Lane NE East Bethel, MN 55092 Upland Area (40 ,574 sq . f t .)UplandBoundaryProposedHouseNOTESExistingRoadwayLOT 1BLOCK 1OUTLOT ALEGEND PRELIMINARY PLAT HOULE PROPERTY LINO LAKES, MN NOTESPROPOSED LOT 1, BLOCK 1, HOULE ADDITIONBUILDING ELEVATIONS050717-1042SCARPAGRH Contracting 4417 Channel Lane NE East Bethel, MN 55092 uplandboundaryLEGENDProposedHouseGRADING AND UTILITIES HOULE PROPERTY LINO LAKES, MN 1 CITY COUNCIL AGENDA ITEM 6D STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: July 10, 2017 TOPIC: Golden Acre i. Consider Resolution No. 17-64 Approving Variances ii. Consider Resolution No. 17-65 Approving Preliminary Plat iii. Consider Resolution No. 17-66 Approving Final Plat iv. Consider Resolution No. 17-67 Approving Development Agreement VOTE REQUIRED: 3/5 INTRODUCTION Complete Application Date: May 17, 2017 60-Day Review Deadline: July 14, 2017 120-Day Review Deadline: September 12, 2017 Environmental Board Meeting: May 31, 2017 Park Board Meeting: N/A Planning & Zoning Board Meeting: June 14, 2017 Tentative City Council Work Session: July 5, 2017 Tentative City Council Meeting: July 10, 2017 The applicant, Tim Anderson, submitted a land use application for variances, preliminary plat and final plat. The proposed development is a 4 lot single family residential subdivision located at 547 Lois Lane which is legally described as Lot 4, Block 1, Mar Don Acres. The development contains one (1) gross acre parcel and is called Golden Acre. BACKGROUND History Mar Don Acres was originally platted in 1978. As part of that plat, eight (8) lots were created north of Lois Lane with each lot being 294.00 feet in depth and approximately 165 feet in width for lot sizes of 48,510 sq. ft. Houses were purposely located on the lots in a manner so that the lot could further subdivided when public water and sewer become available. Two other 2 residential subdivisions similar to the proposed Golden Acre have since been approved from these 8 lots, Hailey Manor and Isabell Estates. Hailey Manor Hailey Manor subdivided Lots 6, 7 and 8, Block 1, Mar Don Acres into 12 single family residential lots (3 original lots subdivided into 4 lots each for a total of 12 lots). The parcel was rezoned and variances were allowed for 132 foot lot depths vs 135 foot required due to required 30 foot right of way dedication along Arlo Lane. The following actions were approved in 2006/2007 by City Council regarding Hailey Manor: • Resolution No. 03-120 for Variance and Preliminary Plat • Ordinance No. 16-03 for Rezoning from R, Rural to R-1, Single Family • Resolution No. 03-208 for Final Plat Isabell Estates Isabell Estates subdivided Lot 3, Block 1, Mar Don Acres into 4 single family residential lots. This development is immediately to the west of the proposed Golden Acre plat. The following actions were approved by the City Council in 2014 regarding Isabell Estates: • Resolution No. 14-66 approving variances for lot depth, lot width and side setback • Resolution No. 14-67 approving the Preliminary Plat • Resolution No. 14-114 approving the Final Plat Golden Acre A preliminary plat, final plat and variances were once approved in 2006 for Golden Acre. The final plat; however, was never recorded by the developer and has since expired. The plat subdivided Lot 4, Block 1, Mar Don Acres into 4 single family residential lots. The parcel was rezoned and variances were also approved allowing for 132 foot deep lots, lot width reduction and side yard setback reduction due to required right of way dedication and location of existing house on the lot. The following actions were approved by City Council regarding Golden Acre: • Resolution No. 06-181 for Variances and Preliminary Plat • Ordinance No. 11-06 for Rezoning from R, Rural to R-1, Single Family • Resolution No. 07-103 for Final Plat This land use application is basically a resubmittal of the 2006 application. Existing Site Conditions The 1 acre site is a residential parcel containing a single family house and attached garage. Other than trees and shrubs, there are no significant natural resources on site. The Certificate of Survey indicates a split rail fence along the west side of the property. 3 Zoning The parcel was rezoned from R, Rural to R-1, Single Family Residential in 2006 with Ordinance No. 11-06. Current Zoning R-1, Single Family Residential Current Land Use Rural Residential Future Land Use per CP Low Density Sewered Residential (1.6 to 3.9 units per acre) Utility Staging Area 1A = 2008-2015 Surrounding Zoning and Land Use Direction Zoning Existing Land Use Future Land Use North R-1, Single Family Residential Low Density Sewered Residential East R-1, Single Family Residential Low Density Sewered Residential South R, Rural Residential Low Density Sewered Residential West R, Rural Residential Low Density Sewered Residential Zoning Requirements Zoning requirements and standards of the R-1 Single Family Residential District apply to this subdivision. Required per R-1 Proposed Lot 1 Lot 2 Lot 3 Lot 4 Min. Lot Size (s.f.) 10,800 10,237a 9,067a 9,653a 9,653a Gross Area (s.f.) NA 11,550 10,230 10,890 10,890 Min. Lot Width (ft.) 80 87.50 77.50a 82.50 82.50 Min. Lot Depth (ft.) 135 132a 132a 132a 132a Building Setback (ft.) -From Collector Road 40 38.6b 40 40 40 -Rear --Principal 30 30 30 30 30 --Accessory 5 5 5 5 5 4 -Side --Principal 10 6.3a 10 10 10 --Accessory 5 17 5 5 5 Impervious Surfacec 40% TBD 40% 40% 40% Per Section 1007.090(2)(a), minimum lot size is ten thousand eight hundred (10,800) square feet of contiguous buildable land. Contiguous buildable land is land area occurring within the property lines of a parcel or lot excluding wetlands and/or water bodies. On lots with infiltration basins, the lot area is measured from a 10 foot buffer above the bottom of the basin. Due to the varying lot widths, lot depths and infiltration basin, a variance is needed for minimum lot size requirements. aVariances are required. b Lot 1 is being created with the existing house. Since the house already exists, it will be considered legal non-conforming. cImpervious surface calculations will be required with the individual building permits for the new single family homes on Lots 2, 3 and 4. Comments: 1. The impervious surface coverage of Lot 1 shall be provided on the preliminary plat. 2. The preliminary plat shall be revised to show the Side Yard Setback is 10 feet for principal building and 5 feet for accessory building. Variances The following variances are required for Golden Acre: • Lots 1 thru 4: o Variance to reduce the required lot size (contiguous buildable land) from 10,800 s.f. to lot sizes ranging from 9,067 s.f. to 10,237 s.f. o A 3 foot variance to reduce the required lot depth from 135 feet to 132 feet. • Lot 1: o A 3.7 foot variance to reduce the required principal building side yard setback from 10 feet to 6.3 feet. • Lot 2 o A 2.5 foot variance to reduce the required lot width from 80 feet to 77.5 feet. Resolution No. 17-64 details the Findings of Fact. Building Requirements 5 At the time of building permit, each individual single family dwelling unit will be reviewed for compliance regarding floor area, garage and design and construction standards. Comprehensive Plan Golden Acre is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities. Density and Land Area Calculations The following chart implements Met Council’s formula for calculating net density. Gross Area (acres) 1.11 Wetlands & Water Bodies 0.00 Public Parks & Open Space 0.00 Arterial ROW 0.00 Other (Wetland Buffer Conservation Easement) 0.00 Net Area (acres) 1.11 # of Units 4 Gross Density (units/acre) 3.60 Net Density (units/acre) 3.60 Golden Acre meets the land use goals of low density residential development by creating a 4 lot subdivision with one lot containing the existing home and the three other lots intended for single family home construction connected to municipal utilities. The parcel is guided Low Density Sewered Residential per the City’s Comprehensive Plan which allows for 1.6 to 3.9 dwelling units per acre. The proposal of 3.60 units per acre is consistent with the Comprehensive Plan’s guided land use and density. Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code The preliminary plat has been reviewed for compliance with the comprehensive plan, zoning and subdivision ordinance. The subdivision is not considered premature, is consistent with the comprehensive plan for residential development and meets the performance standards of the subdivision and zoning ordinance with the approved variances. 6 Blocks and Lots The proposed preliminary plat creates 1 block with 4 lots. Lot 1, Block 1 will contain the existing home which will remain on site. Lots 2, 3 and 4 will be developed with single family homes. The lots will be 132 feet in depth. The minimum lot depth in an R-1 Single Family Residential District is 135 feet. When Mar Don Acres was platted, the lots were 294 feet deep. The required 30 foot right-of-way dedication on the north for Arlo Lane reduces the lot depth to 264 feet. Subdividing this in half creates 132 foot deep lots. Streets and Alleys Lois Lane and Arlo Lane are minor collector roads and are capable of handling one (1) and two (2) additional single family homes, respectively. Easements Standard drainage and utility easements are being dedicated along the front and side interior perimeters of the four lots. Easements are also being dedicated around the stormwater drainage areas in the rear yards. It is important to note that due to the size of the easement in the rear yards, the allowed buildable area for decks and accessory structures may be reduced. Typical rear yard easements are 10 feet but 15 and 30 foot easements are being proposed to accommodate the storm water management facility. This is comparable to those easements in Hailey Manor and Isabell Estates. Comments: 1. Drainage and utility easements shall extend a minimum of 10 feet beyond the basin’s 100-year storm high water level elevation. a. The applicant shall verify these standards are being met and revise all plans accordingly. Storm Water Management and Erosion and Sediment Control An infiltration basin is proposed in the rear yards of the four lots. A drainage and utility easement is provided over the stormwater management facility. The City Engineer letter details comments and required revisions. Appropriate soil erosion and sediment controls shall be employed during construction of the single family homes. Utilities The existing house at 547 Lois Lane is on public watermain and sanitary sewer. The three (3) new lots will also be connected to public water and sanitary which is capable of handling three 7 (3) single family homes. Water and sanitary sewer laterals are already stubbed into the 3 proposed parcels. The utility plan indicates a well located on Lot 1. Comments: 1. The applicant shall confirm if the well on Lot 1 has been properly capped or if it is used for private irrigation purposes. Public Land Dedication The City will require payment in lieu of land dedication. Since this is an existing lot with one (1) home, park dedication fees will be required for the three (3) newly created lots. Park Dedication Fees Total # of Lots = 3 x 2017 Park Dedication Fee $2,575 = Total Due $7,725 Tree Preservation The goal of tree preservation is to minimize unnecessary loss of habitat, biodiversity and forest resource and to replace removed trees in areas where tree cover is most critical. The submitted plans identify tree locations, tree protection fencing and two (2) trees proposed for removal. The plans do not provide a count of the total numbers of trees on site and proposed for removal. The plans also do not indicate the basic use area. Comments: 1. A separate Tree Preservation and Mitigation Plan sheet shall be submitted in accordance with Section 1007.043(17)(j). Landscaping One new boulevard tree is required per new lot. Three (3) new boulevard trees are provided which is compliant with the ordinance. No new boulevard tree is required on Lot 1. Per the Landscape Plan, Sheet L1, the open area is 4,000 s.f. This requires 2 large trees and 6 shrubs to be planted. The Landscape Plan shows 2 trees and 7 shrubs being planted which is compliant with the ordinance. Comments: 1. The Environmental Coordinator shall coordinate with the developer or builder on the planting of the boulevard trees. 8 Environmental Assessment Worksheet (EAW) An Environmental Assessment Worksheet is not mandated. The 4 unattached residential units are under the 250 unattached unit thresholds. Wetlands There are no wetlands on the subject site. Floodplain There is no floodplain on the subject site. Shoreland Management Overlay The subject site is not within a shoreland management overlay district. Final Plat Typically, the final plat is submitted separately after the preliminary plat has been approved. Since this development received variances, preliminary and final plat approvals in 2008, staff agreed to run the preliminary plat and final plat concurrently. The final plat substantially conforms to the preliminary plat as detailed in Resolution No. 17-66 in the Findings of Fact. RECOMMENDATION The Planning & Zoning Board held a public hearing on June 14, 2017. There were no public comments. The Board voted 6-0 in favor of the variances, preliminary plat and final plat. The Board and staff recommend approval of Golden Acre with the conditions listed in the attached resolutions. ATTACHMENTS 1. Resolution No. 17-64 Approving Variances 2. Resolution No. 17-65 Approving Preliminary Plat 3. Preliminary Plat 4. Resolution No. 17-66 Approving Final Plat 5. Final Plat 6. Resolution No. 17-67 Approving Development Agreement 7. Development Agreement 1 CITY OF LINO LAKES RESOLUTION NO. 17-64 RESOLUTION APPROVING VARIANCES FOR GOLDEN ACRE WHEREAS, the City received an application for variances for Golden Acre hereafter referred to as “Development”; and WHEREAS, City staff completed review of the proposed “Development” based on the following information: • Civil plan set prepared by Plowe Engineering, Inc. dated May 18, 2017 • Certificate of Survey, Resource Inventory and Preliminary Plat prepared by EG Rud & Sons, Inc. dated May 17, 2017 • Final plat prepared by EG Rud & Sons, Inc. dated May 15, 2017; and WHEREAS, Section 1007.090 R-1, Single Family Residential District establishes required lot and yard requirements related to lot size, depth and setback; and WHEREAS, the applicant has requested variances from these standards; and WHEREAS, these variances were approved in 2006 with Resolution No. 06-181 but were not recorded and are being re-evaluated with the preliminary plat of Golden Acre; and WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the variances on June 14, 2017. NOW, THEREFORE BE IT RESOLVED by the City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT Per Section 1007.018(a), no variance shall be granted unless it meets all the criteria in paragraphs 1. through 7. below. The City shall make findings regarding compliance with these criteria. a. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of the R-1, Single Family Residential District is to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. The district is intended for development of single family detached homes on lots served with public sanitary sewer and water. 2 The four (4) lot residential subdivision proposed for Golden Acre meets the general purpose and intent of providing single family housing. All four (4) lots will be served by public water and sanitary sewer. The development will not be detrimental to the public health, safety or general welfare of the neighborhood. b. The variance shall be consistent with the comprehensive plan. The variance is consistent with the comprehensive plan. The parcel is guided low density residential per the City’s Comprehensive Plan which allows for 1.6 to 3.9 dwelling units per acre. The proposal of 3.60 units per acre is consistent with the Comprehensive Plan’s guided land use and density for residential development. c. There shall be practical difficulties in complying with the ordinance. “Practical difficulties,” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the ordinance. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The subdivision of an existing parcel and creation of four (4) residential lots are reasonable uses of the property. The practical difficulty in complying with the lot depth, lot width and setback standards of the zoning ordinance would only allow for the creation of two (2) lots. This would not be consistent with the intent of the Mar Don Acres plat or the previously approved Hailey Manor and Isabell Estates subdivisions. d. The plight of the landowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner is created by the requirement to dedicate 30 feet of right-of- way on Arlo Lane which reduces the lot depths to 132 feet and the requirement to provide an infiltration basin for stormwater management. The need for the side yard setback variance due to the location of the existing house on 547 Lois Lane was not created by the landowner. e. The variance shall not alter the essential character of the locality. The variance shall not alter the essential character of the locality. The proposal to create four (4) single family residential lots for the purpose of constructing three (3) new single family homes is compatible with the surrounding existing single family homes. Similar variances were approved for the two neighboring subdivisions, Hailey Manor, and Isabell Estates. f. A variance shall not be granted for any use that is not allowed under the ordinance for property in the zoning district where the subject site is located. Single family homes are permitted uses in the R-1, Single Family Residential District. 3 g. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning ordinance. Not applicable. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the following variances for Golden Acre: • Lots 1 thru 4: o A variance to reduce the required lot size (contiguous buildable land) from 10,800 s.f. to lot sizes ranging from 9,067 s.f. to 10,237 s.f. o A 3 foot variance to reduce the required lot depth from 135 feet to 132 feet. • Lot 1: o A 3.7 foot variance to reduce the required principal building side yard setback from 10 feet to 6.3 feet. • Lot 2 o A 2.5 foot variance to reduce the required lot width from 80 feet to 77.5 feet. Adopted by the Council of the City of Lino Lakes this 10th day of July, 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 CITY OF LINO LAKES RESOLUTION NO. 17-65 APPROVING PRELIMINARY PLAT FOR GOLDEN ACRE WHEREAS, the City received a land use application for preliminary plat for Golden Acre hereafter referred to as “Development”; and WHEREAS, City staff completed a review of the “Development” based on the following: • Civil plan set prepared by Plowe Engineering, Inc. dated May 18, 2017 • Drainage report prepared by Plowe Engineering, Inc. dated May 15, 2017 • Certificate of Survey, Resource Inventory and Preliminary Plat prepared by EG Rud & Sons, Inc. dated May 17, 2017 • Final plat prepared by EG Rud & Sons, Inc. dated May 15, 2017; and WHEREAS, a public hearing was held before the Planning & Zoning Board on June 14, 2017 and the Board recommended approval of the “Development”. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT Per Section 1001.013, Premature Subdivision: (1) General. Any concept plan, preliminary plat or final plat deemed premature pursuant to the following criteria shall be denied by the City Council. (2) Conditions for establishing a premature subdivision. A subdivision may be deemed premature should any of the following conditions not be met. (a) Consistency with the Comprehensive Plan. Including any of the following: 1. Land use plan; 2. Transportation plan; 3. Utility (sewer and water) plans; 4. Local water management plan; 5. Capital improvement plan; and 6. Growth management policies, including MUSA allocation criteria. Golden Acre is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities as detailed in this staff report. The development is also consistent with the local water management plan, capital improvement plans and growth management policies. (b) Consistency with infill policies. A proposed urban subdivision shall meet the city's infill policies: 2 1. The urban subdivision must be located within the Metropolitan Urban Service Area (MUSA) or the staged growth area as established by the city's Comprehensive Plan; 2. The cost of utilities and street extensions must be covered by one or more of the following: a. An immediate assessment to the proposed subdivision; b. One hundred percent of the street and utility costs are privately financed by the developer; c. The cost of regional and/or oversized trunk utility lines can be financed with available city trunk funds; and d. The cost and timing of the expenditure of city funds are consistent with the city's capital improvement plan. 3. The cost, operation and maintenance of the utility system are consistent with the normal costs as projected by the water and sewer rate study; and 4. The developer payments will offset additional costs of utility installation or future operation and maintenance. Golden Acre is consistent with infill policies. The development is within the current Utility Staging Area 1A=2008-2015. No new utility or street extensions are required. The cost, operation and maintenance of the utility system is consistent with the normal costs projected by the water and sanitary system plans. No future utility costs are proposed. (c) Roads or highways to serve the subdivision. A proposed subdivision shall meet the following requirements for level of service (LOS), as defined by the Highway Capacity Manual: 1. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade; 2. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C; 3. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D; 4. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better; 5. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies; 6. The traffic generated from a proposed subdivision shall not require city street improvements that are inconsistent with the Lino Lakes capital improvement plan. However, the city may, at its discretion, consider developer-financed improvements to correct any street deficiencies; 7. The LOS requirements in divisions (2)(c)1. to 4. above do not apply to the I-35W/Lake Drive or I-35E/Main St. interchanges. At city discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Department of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing 3 among other jurisdictions and other properties that contribute to traffic at the interchange; and 8. The city does not relinquish any rights of local determination. Golden Acre meets the requirements for level of service (LOS). Lois Lane and Arlo Lane are minor collector roads and have structural capacity to handle one (1) and two (2) additional single family homes, respectively. No street improvements are proposed that are inconsistent with the City’s capital improvement plan. The city does not relinquish any rights of local determination. (d) Water supply. A proposed subdivision shall be deemed to have an adequate water supply when: 1. The city water system has adequate wells, storage or pipe capacity to serve the subdivision; 2. The water utility extension is consistent with the Lino Lakes water plan and offers the opportunity for water main looping to serve the urban subdivision; 3. The extension of water mains will provide adequate water pressure for personal use and fire protection; and 4. The rural subdivision can demonstrate that each of the proposed lots can be provided with a potable water supply. Golden Acre will have an adequate water supply. The subject site is served by an 8” DIP watermain along Lois Land and Arlo Lane. The water supply system has capacity to handle 3 new single family homes. (e) Waste disposal systems. A proposed subdivision shall be served with adequate waste disposal systems when: 1. The urban sewered subdivision is located inside the city's MUSA or is consistent with the MUSA allocation criteria; 2. The city has sufficient MUSA and pipe capacity to serve the subdivision if developed to its maximum density; 3. The subdivision will result in a sewer extension consistent with Lino Lakes sewer plan and capital improvement plan; 4. A rural subdivision can demonstrate that each lot can be served by an adequate sanitary sewer disposal system; and 5. A rural subdivision with a proposed communal sanitary sewer or water system has an effective long range management and maintenance program with proper financing. Golden Acre will be served with an adequate waste disposal system. The subject site is located in Sanitary Sewer District 2 (Sub-district 2B) and is served by MCES Interceptor 83-61, a 24 inch gravity sewer located in North Road. The subject site is also in the current 1A (2008-2015) Utility Staging Area. An 8” PVC sanitary sewer main exists along both Lois Lane and Arlo Lane. The sanitary system has capacity to handle 3 new single family homes. BE IT FURTHER RESOLVED by the City Council of The City of Lino Lakes hereby establishes that Golden Acre is not a premature subdivision; and BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby approves the preliminary plat for Golden Acre subject to the following conditions: 4 1. Comments from WSB Plan Review Letter dated June 7, 2017 shall be addressed. 2. Comments from the Environmental Coordinator letter dated June 8, 2017 shall be addressed. 3. A Rice Creek Watershed District (RCWD) permit is required. 4. Resource Inventory and Existing Conditions Survey: a. Soil boring data shall be provided and added to the sheet. 5. Preliminary Plat Sheet: a. The impervious surface coverage of Lot 1 shall be provided on the preliminary plat. b. The preliminary plat shall be revised to show the Side Yard Setback is 10 feet for principal building and 5 feet for accessory building. 6. Sheet C2, Grading, Drainage & Erosion Control Plan: a. Drainage and utility easements shall extend a minimum of 10 feet beyond the basin’s 100-year storm high water level elevation. b. The applicant shall verify these standards are being met and revise all plans accordingly. c. Soil boring data and groundwater depth shall be added to the sheet. 7. Sheet C3, Utility Plan: a. The applicant shall confirm if the well on Lot 1 has been properly capped or if it is used for private irrigation purposes. 8. Sheet L1, Landscape Plan: a. A separate Tree Preservation and Mitigation Plan sheet shall be submitted in accordance to Section 1007.043(17)(j). b. The Environmental Coordinator shall coordinate with the developer or builder on the planting of the boulevard trees. 9. Final Plat a. Drainage and utility easements shall extend a minimum of 10 feet beyond the basin’s 100-year storm high water level elevation. b. The applicant shall verify these standards are being met and revise all plans accordingly. Adopted by the Council of the City of Lino Lakes this 10th day of July, 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 CITY OF LINO LAKES RESOLUTION NO. 17-66 RESOLUTION APPROVING THE FINAL PLAT FOR GOLDEN ACRE WHEREAS, the City received an application for final plat approval for Golden Acre hereafter referred to as “Development”; and WHEREAS, City staff completed review of the proposed “Development” based on the following information: • Civil plan set prepared by Plowe Engineering, Inc. dated May 18, 2017 • Drainage report prepared by Plowe Engineering, Inc. dated May 15, 2017 • Certificate of Survey, Resource Inventory and Preliminary Plat prepared by EG Rud & Sons, Inc. dated May 17, 2017 • Final plat prepared by EG Rud & Sons, Inc. dated May 15, 2017; and WHEREAS, the Planning & Zoning Board reviewed and recommended approval of final plat on June 14, 2017; and WHEREAS, the City Council approved the preliminary plat for Golden Acre on July 10, 2017 with Resolution No. 17-65; and NOW, THEREFORE BE IT RESOLVED by the City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 1. The final plat substantially conforms to the approved preliminary plat subject to the conditions listed below. 2. The City Attorney approved the status of title/property ownership related to the final plat noting that mortgage consent is required and judgement liens must be paid. 3. A Development Agreement has been completed. 4. Conditions attached to approval of the preliminary plat have been fulfilled or secured by the Development Agreement. 5. All fees, charges and escrow related to the preliminary or final plat have been paid in full. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the Final Plat for Golden Acre, subject to the following conditions: 1. Comments from WSB Plan Review Letter dated June 7, 2017 shall be addressed. 2. Comments from the Environmental Coordinator letter dated June 8, 2017 shall be addressed. 3. A Rice Creek Watershed District (RCWD) permit is required. 2 4. Resource Inventory and Existing Conditions Survey: a. Soil boring data shall be provided and added to the sheet. 5. Preliminary Plat Sheet: a. The impervious surface coverage of Lot 1 shall be provided on the preliminary plat. b. The preliminary plat shall be revised to show the Side Yard Setback is 10 feet for principal building and 5 feet for accessory building. 6. Sheet C2, Grading, Drainage & Erosion Control Plan: a. Drainage and utility easements shall extend a minimum of 10 feet beyond the basin’s 100-year storm high water level elevation. b. The applicant shall verify these standards are being met and revise all plans accordingly. c. Soil boring data and groundwater depth shall be added to the sheet. 7. Sheet C3, Utility Plan: a. The applicant shall confirm if the well on Lot 1 has been properly capped or if it is used for private irrigation purposes. 8. Sheet L1, Landscape Plan: a. A separate Tree Preservation and Mitigation Plan sheet shall be submitted in accordance to Section 1007.043(17)(j). b. The Environmental Coordinator shall coordinate with the developer or builder on the planting of the boulevard trees. 9. Final Plat a. Drainage and utility easements shall extend a minimum of 10 feet beyond the basin’s 100-year storm high water level elevation. b. The applicant shall verify these standards are being met and revise all plans accordingly. Adopted by the Council of the City of Lino Lakes this 10th day of July, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member_______________ and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY OF LINO LAKES RESOLUTION NO. 17-67 RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR GOLDEN ACRE WHEREAS, the City Council approved the final plat for Golden Acre with Resolution No. 17- 66 on July 10, 2017; and WHEREAS, the City’s subdivision ordinance and conditions of approval require the execution of a development agreement between the Developer and the City of Lino Lakes. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Development Agreement between Tim Anderson and the City of Lino Lakes for Golden Acre 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 10th day of July, 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 Golden Acre THIS AGREEMENT is made this _____ day of ____________, 2017, by and between the City of Lino Lakes, a Minnesota municipal corporation, and Timothy J Anderson (“Developer”). 1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. 17-65 for a plat known as Golden Acre (“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 Golden Acre, as legally described on Exhibit A attached hereto, is contingent upon execution and delivery of this agreement and all required petitions, bonds, security, and documents, and satisfaction of all conditions of approval required by Resolution No. 17-66. The Final Plat is attached hereto as Exhibit B. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Development Agreements for such phases are approved by the City. 4. Developer Plans. a. The Subdivision shall be developed in accordance with the following Developer Plans, original copies of which are on file with the City Engineer. The Developer Plans may be prepared and revised after entering into this Agreement but must be approved by the City before commencement of any work. If the plans vary from the written terms of this Agreement, this Agreement shall control. b. The Developer Plans as of the date of this Agreement are: i. Golden Acre plan set containing 5 sheets, prepared by Plowe Engineering, Inc., dated May 18, 2017 received May 17, 2017. ii. Golden Acre Street Final Plat prepared by EG Rud & Sons, Inc., received dated May 15, 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 Golden Acre Development Agreement June 26, 2017 page 2 Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public improvements. 6. Developer Improvements. The Developer shall secure a contractor to install these improvements, hereinafter referred to as the “Developer Improvements,” which contractor shall be approved by the City in its absolute discretion. The cost of Developer Improvements is as shown on Exhibit C attached hereto. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense the following improvements according to the following terms and conditions: a. Site Grading i. No grading shall commence until all requirements of the Rice Creek Watershed District (RCWD) have been satisfied. ii. All site grading shall be conducted in accordance with the grading plan as approved by the City and in accordance with NPDES pursuant to Minnesota Pollution Control Agency (MPCA) requirements and RCWD 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 site grading of lots, and surface water drainage ways shall be graded prior to commencement of building 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 all necessary street and storm sewer maintenance, including street Golden Acre Development Agreement June 26, 2017 page 3 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. c. Not applicable. d. Not applicable. e. Not applicable. 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. 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 by November 30, 2017. The Developer may request a reasonable extension of time from the City. If the extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 8. City Improvements. No City Improvements are proposed to be constructed for this subdivision. 9. Record Drawings. a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including grading, Golden Acre Development Agreement June 26, 2017 page 4 sanitary sewer, watermain, storm sewer facilities, and roads, constructed by Developer. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. The Developer shall also submit certified compaction testing results for the site grading operations. b. Not applicable. 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 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. Not applicable. 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 Golden Acre Development Agreement June 26, 2017 page 5 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 the payment of all costs incurred by the City related to the development of the Subdivision including, but not limited to, the following (See Exhibit C for breakdown of costs): i. Administration - 3% of Developer Improvement Costs ii. City Engineering iii. Street lighting installation (by utility company) iv. Traffic signing improvements v. Boulevard tree planting vi. Street, storm sewer and pond maintenance Golden Acre Development Agreement June 26, 2017 page 6 vii. Property Taxes. Should the recording of the Final Plat occur after July 1st, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. b. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting the charges. 16. Developer Fees. At the time of execution of this Agreement, the Developer shall pay the following fees related to the development of the Subdivision (See Exhibit C for breakdown of costs): a. Park Dedication The Park Dedication Fee for this site is calculated as follows: 3 units x $2,575 = $7,725 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. Not applicable. d. Aerial Photo Fees e. Trunk Sewer Unit Charges The City established trunk unit charges to uniformly distribute the costs of public trunk sanitary sewer infrastructure. Each individual connection to the sanitary sewer system shall be charged a unit charge per SAC unit (currently at $3,073 per SAC unit). The calculation of the SAC units shall be based on the procedure outlined in the Metropolitan Council Environmental Services Sewer Availability Charge Procedure Manual. Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit C. f. Trunk Water Unit Charges The City established trunk unit charges to uniformly distribute the costs of public trunk water infrastructure. Each individual connection to the water system shall be charged a unit charge per SAC unit (currently at $4,069 per SAC unit). The calculation of the SAC units shall be based on the procedure outlined in the Golden Acre Development Agreement June 26, 2017 page 7 Metropolitan Council Environmental Services Sewer Availability Charge Procedure Manual. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit C. g. Surface Water Management Area Charges The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on developable acreage, in the amount specified in Exhibit C. 17. Assessment of Charges and Waiver of Rights. a. In consideration of the construction of City Improvements listed in Paragraph 8 and /or provision of sewer, water and storm water services, the Developer agrees that the costs of City Improvements together with Trunk Sewer Unit Charge, Trunk Water Unit Charge and the Surface Water Management Area Charge (collectively, “the Charges”) may be assessed against the Subdivision parcels. The Developer hereby waives any and all procedural and substantive objections to the special assessments, including notice and hearing requirements, any claim that the assessments exceed the benefit to the properties, and any right to appeal. b. Unless the Developer pays the entire balance owed for the Charges contemporaneously with the execution of this Agreement, the Developer shall provide to the City a cash escrow or irrevocable letter of credit in an amount equal to 35% of the total assessments for the Charges as estimated by the City Engineer (see Exhibit C). The letter of credit shall be in a form, and from a bank, as approved by the City. The letter of credit or cash escrow may be used by the City upon default by Developer in the payment of special assessments. The cash escrow or letter of credit shall remain in place throughout the term of the special assessments. The letter of credit may not be terminated without the City’s written consent. c. Developer, its heirs, successors or assigns, agrees that within 30 days after the date of sale of a lot, the Developer, its heirs, successors or assigns, at its own cost and expense, shall pay the entire unpaid charges assessed or to be assessed under this agreement against such property. d. If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to 120% of the Engineer's estimate of the special assessments for such Charges that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Golden Acre Development Agreement June 26, 2017 page 8 Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. e. Acceleration upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat or development, or fails to pay when due any installment of any special assessment levied pursuant to this agreement, or any interest thereon, the City at its option, in addition to its rights and remedies hereunder, after 10 days written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided herein. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to Minnesota Statutes section 429.061, subdivision 3, for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then 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. Not applicable. ii. Not applicable. 19. Special Provisions. a. None. Golden Acre Development Agreement June 26, 2017 page 9 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 than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 22. Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, chapter 429. 23. General. a. Binding Effect The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and Golden Acre Development Agreement June 26, 2017 page 10 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. Timothy J Anderson 547 Lois Lane Lino Lakes, MN 55014 Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Golden Acre Development Agreement June 26, 2017 page 11 24. Land Use Controls - Planned Unit Development. a. Not applicable. Golden Acre Development Agreement June 26, 2017 page 12 DEVELOPER CITY OF LINO LAKES By ______________________ By _________________________ Mayor Its ______________________ ATTEST By _________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2017, by Jeff Reinert as Mayor of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2017 by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public Golden Acre Development Agreement June 26, 2017 page 13 STATE OF MINNESOTA ) ) SS COUNTY OF __________ ) On this _______ day of _______________, 2017, before me, a Notary Public within and for said County, personally appeared ____________, __________________ of ___________________. (Developer), who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Golden Acre Development Agreement June 26, 2017 page 14 EXHIBIT A Legal Description Lot 4, Block 1, MAR DON ACRES, Anoka County, Minnesota Golden Acre Development Agreement June 26, 2017 page 15 EXHIBIT B Final Plat Golden Acre Council Meeting July 10, 2017 2 •Applicant is Tim Anderson •Variances, Preliminary Plat and Final Plat •4 lot SF residential subdivision •1.11 gross acre parcel •Located at 547 Lois Lane 3 Isabell Estates 2014 Golden Acre Hailey Manor 2006 Neighboring Subdivisions •Hailey Manor & Isabell Estates approved variances, rezoning, preliminary and final plat •2006: Golden Acre approved variances, preliminary plat and final plat 4 •4 lots •0 outlots •30 ft ROW dedicated along Arlo Lane Preliminary Plat Zoning Requirements 5 Required per R-1 Proposed Lot 1 Lot 2 Lot 3 Lot 4 Min. Lot Size (s.f.)10,800 10,237a 9,067a 9,653a 9,653a Gross Area (s.f.)NA 11,550 10,230 10,890 10,890 Min. Lot Width (ft.)80 87.50 77.50a 82.50 82.50 Min. Lot Depth (ft.)135 132a 132a 132a 132a Building Setback (ft.) -From Collector Road 40 38.6b 40 40 40 -Rear --Principal 30 30 30 30 30 --Accessory 5 5 5 5 5 -Side --Principal 10 6.3a 10 10 10 --Accessory 5 17 5 5 5 Impervious Surfacec 40%TBD 40%40%40% •Variances required for lot size, width and depth •Side yard setback 6 Stormwater Management •1 infiltration basin in rear yards •15-30 ft wide easements Park Dedication 7 Park Dedication Fees Total # of Lots =3 x 2017 Park Dedication Fee $2,575 = Total Due $7,725 8•Staff agreed to review final plat concurrently with preliminary plat •2008: Variances, preliminary plat and final plat were approved Final Plat 9 Variances Lots 1-4 •Reduce lot size from 10,800 s.f. to 9,067-10,237 s.f. •Reduce lot depth from 135 ft to 132 ft •294-30=264 •264/2=132 Lot 1 •3.7 ft variance to reduce side yard setback from 10 ft to 6.3 ft Lot 2 •2.5 ft variance to reduce lot width from 80 feet to 77.50 NOTE: These variances were once approved in 2006. Res. No. 17-64: Findings of Fact-Variances a.Harmony with the ordinance b.Consistent with the comprehensive plan c.Practical difficulties d.Plight not created by landowner e.Shall not alter the essential character of the locality. f.Use is allowed 10 Res. No. 17-65: Findings of Fact-Preliminary Plat (a)Consistency with the Comprehensive Plan (b)Consistency with infill policies (c)Level of service (LOS) (d)Adequate water supply (e)Adequate waste disposal 11 Res. No. 17-66: Findings of Fact-Final Plat (a)Substantially conform to the approved preliminary plat and phasing plan (b) Subsequent phases (NA-1 phased development) (c)Conditions of preliminary plat fulfilled 12 Recommendation•Planning and Zoning Board reviewed on June 14, 2017 •Board and Staff recommends approval of the variances, preliminary plat and final plat for Golden Acre subject to the conditions listed in the staff report. 13 Council Actioni.Consider Resolution No. 17-64 Approving Variances ii.Consider Resolution No. 17-65 Approving Preliminary Plat iii.Consider Resolution No. 17-66 Approving Final Plat iv.Consider Resolution No. 17-67 Approving Development Agreement 14 6/ 6/ 2017 EXHIBIT C Securities, Escrows & Fees PROJECT: Golden Acre NUMBER OF REU's:3 APPLICANT: Timothy J Anderson NO. OF LOT FRONTAGES 4 AREA (LOT 1 BLOCK 1):1.11 IMPROVEMENTS COST DEVELOPER IMPROVEMENT COSTS (Public) SITE GRADING $5,500 EROSION CONTROL $2,500 LANDSCAPING $2,425 TRAIL $0 STREETS $0 STORM SEWER CONST.$0 SANITARY SEWER CONST.$0 WATERMAIN CONST.$0 ENGINEERING & SURVEYING $1,000 Total $11,425 Letter of Credit Amount X 150%$17,138 ESCROW for CITY'S COSTS ADMINISTRATION $350 ENGINEER PLAN REVIEW $1,600 ENGINEER CONSTRUCTION SERVICES $2,200 PROJECT FINAL DOCUMENTS & CITY ENGINEER $2,900 STREET LIGHT INSTALLATION $0 STREET & STORMWATER MAINTENANCE $2,000 na PROPERTY TAXES $0 na BOULEVARD TREE PLANTING $1,940 na Total $10,990 DEVELOPMENT FEES PARK DEDICATION $7,725 PARK DEDICATION CREDIT $0 Subtotal Park Dedication Fee $7,725 AUAR $0 SEAL COATING FEE $0 AERIAL PHOTO FEE $360 STREET LIGHTING OPERATION $0 Total $8,085 TRUNK SANITARY SEWER $9,219 SANITARY LATERAL 165' ARLO LN ($40/ft)$6,600 SANITARY ASSESSMENT LOIS LN (19,580/2)*ENR $10,280 TRUNK WATERMAIN $12,207 WATERMAIN LATERAL 165' ARLO LN ($37.50/ft)$6,188 WATERMAIN ASSESSMENT LOIS LN (19,580/2)*ENR $10,280 TOTAL TRUNK SEWER & WATER FEES $54,773 SURFACE WATER MANAGEMENT $7,277 SURFACE WATER MANAGEMENT CREDIT ($3,299) TOTAL SURFACE WATER MANAGEMENT FEES $3,978 Total $58,750 Letter of Credit Amount X 35% $20,563 SUMMARY OF SECURITIES, ESCROW & FEES SECURITY: DEVELOPER IMP'MENT COSTS $17,138 ESCROW FOR CITY COSTS $10,990 DEVELOPMENT FEES $8,085 SECURITY: TRUNK FEES $20,563 Golden Acre Council Meeting July 10, 2017 2 •Applicant is Tim Anderson •Variances, Preliminary Plat and Final Plat •4 lot SF residential subdivision •1.11 gross acre parcel •Located at 547 Lois Lane 3 Isabell Estates 2014 Golden Acre Hailey Manor 2006 Neighboring Subdivisions •Hailey Manor & Isabell Estates approved variances, rezoning, preliminary and final plat •2006: Golden Acre approved variances, preliminary plat and final plat 4 •4 lots •0 outlots •30 ft ROW dedicated along Arlo Lane Preliminary Plat Zoning Requirements 5 Required per R-1 Proposed Lot 1 Lot 2 Lot 3 Lot 4 Min. Lot Size (s.f.)10,800 10,237a 9,067a 9,653a 9,653a Gross Area (s.f.)NA 11,550 10,230 10,890 10,890 Min. Lot Width (ft.)80 87.50 77.50a 82.50 82.50 Min. Lot Depth (ft.)135 132a 132a 132a 132a Building Setback (ft.) -From Collector Road 40 38.6b 40 40 40 -Rear --Principal 30 30 30 30 30 --Accessory 5 5 5 5 5 -Side --Principal 10 6.3a 10 10 10 --Accessory 5 17 5 5 5 Impervious Surfacec 40%TBD 40%40%40% •Variances required for lot size, width and depth •Side yard setback 6 Stormwater Management •1 infiltration basin in rear yards •15-30 ft wide easements Park Dedication 7 Park Dedication Fees Total # of Lots =3 x 2017 Park Dedication Fee $2,575 = Total Due $7,725 8•Staff agreed to review final plat concurrently with preliminary plat •2008: Variances, preliminary plat and final plat were approved Final Plat 9 Variances Lots 1-4 •Reduce lot size from 10,800 s.f. to 9,067-10,237 s.f. •Reduce lot depth from 135 ft to 132 ft •294-30=264 •264/2=132 Lot 1 •3.7 ft variance to reduce side yard setback from 10 ft to 6.3 ft Lot 2 •2.5 ft variance to reduce lot width from 80 feet to 77.50 NOTE: These variances were once approved in 2006. Res. No. 17-64: Findings of Fact-Variances a.Harmony with the ordinance b.Consistent with the comprehensive plan c.Practical difficulties d.Plight not created by landowner e.Shall not alter the essential character of the locality. f.Use is allowed 10 Res. No. 17-65: Findings of Fact-Preliminary Plat (a)Consistency with the Comprehensive Plan (b)Consistency with infill policies (c)Level of service (LOS) (d)Adequate water supply (e)Adequate waste disposal 11 Res. No. 17-66: Findings of Fact-Final Plat (a)Substantially conform to the approved preliminary plat and phasing plan (b) Subsequent phases (NA-1 phased development) (c)Conditions of preliminary plat fulfilled 12 Recommendation•Planning and Zoning Board reviewed on June 14, 2017 •Board and Staff recommends approval of the variances, preliminary plat and final plat for Golden Acre subject to the conditions listed in the staff report. 13 Council Actioni.Consider Resolution No. 17-64 Approving Variances ii.Consider Resolution No. 17-65 Approving Preliminary Plat iii.Consider Resolution No. 17-66 Approving Final Plat iv.Consider Resolution No. 17-67 Approving Development Agreement 14