The URL can be used to link to this page

Home My WebLink About05-13-13 Council Packet EXPANDED AGENDA Updated 5 -10 -13 CITY COUNCIL AGENDA Monday , Ma y 1 3 , 201 3 *********** City Council Meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16 ) City Council: Mayor Reinert, C ouncil Members O’Donnell , Roeser, Rafferty & Stoesz City Administrator: Jeff Karlson CITY C OUNCIL MEETING, 6:30 P.M.  Call to Order - 6:30 p.m.  Roll Call - Council Members Stoesz, O’Donnell, Roeser & Rafferty, and Mayor Reinert were present.  Pledge of Allegiance  Open Mike / Public Comment  Setting the Agenda: Addition or deletion of agenda items The agenda was accepted as presented. SPECIAL PRESENTATION Centennial Fire Department Award presented to Lino Lakes Police Sergeant Kyle Leibel and Officer Adam Halvorson 1. CONSENT AGENDA A) Consideration of Expenditures: i) May 13, 20 13 (Check No. 95546 through 95626 ) in the amount of $319,769.20; ii) Centennial Fire District (Check No. 5777 through 5810 ) in the amount of $75,751.18 ); B) Consider approval of April 22, 2013 Work Session Minutes C) Consider approval of April 22, 2013 Council Meeting Minutes D) Consider Resolution No. 13-43, Approving a Peddler’s License for Big Bell Ice Cream, Inc., Lisa Hogstad-Osterhues E) Consider approval of April 22, 2013 Board of Appeal Minutes F) Consider approval of April 22, 2013 Closed Council Session Minutes G) Otter Lake Animal Hospital – Contract for Services Action Taken: Motion by Roe ser, seconded by O’Donnell to approve the Consent Agenda, Items 1A through 1G, as presented, was adopted. Council Agenda -2 - May 13, 2013 2. FINANCE DEPARTMENT No report 3. ADMINISTRATION DEPARTM ENT No report 4. P UBLIC SAFETY DEPARTMENT A) Consider approval of the City of Lino Lakes Emergency Management Plan, John Swenson Action Taken: Motion by O’Donnell, seconded by Roeser to approve the Emergency Management Plan as presented was adopted. B) 2013 National Police Week Proclamation Action Taken: Motion by Roeser, seconded by Rafferty to approve the Proclamation as presented was adopted. 5. PUBLIC SERVICES DEPARTMENT No report 6. COMMUNITY DEVELOPMENT DEPARTMENT A) Lino Lakes Assisted Living Expansion, Katie Larsen i. Consider Resolution No. 13 -53 , Approving Variance to Increase the Maximum Right of Way Setback for the Lino Lakes Assisted Living Addition, 725 Town Center Parkway Action Taken: Motion by O’Donnell , seconded by Ro eser, to approve Resolution No. 13-5 3 as presented was adopted. ii. Consider Resolution No. 13-54 , Approving the Planned Unit Development –Final Plan/Final Plat for the Village No. 5 – Lino Lakes Assisted Living Action Taken: Motion by Roeser, seconded by Stoesz, to approve Resolution No. 13-5 4 as presented was adopted. iii. Consider Resolution No. 13 -55, Approving Development Agreement, The Village No. 5 – Lino Lakes Assisted Living iv. Consider 2 nd Reading of Ordinance No. 03 -13, Vacating a Drainage and Utility Easement, The Village No. 4 Action Taken: Motion by O’Donnell, seconded by Roeser , to approve 2nd reading & adopti ng of Ordinance No. 3-13 as presented, was adopted: Yeas, 5; Nays none. B) Preserve at Lino Lakes, Katie Larsen i. Consider Resolution No. 13-56 , Amendin g Resolution No. 06-137 Entitled “Approving PUD Development Stage Plan/Preliminary Plat Council Agenda -3 - May 13, 2013 and Allocation of MUSA Reserve for the Preserve, passed August 28, 2006 Action Taken: Motion by Roeser, seconded by O’Donnell, to approve Resolution No. 13-56 as presented was adopted. ii. Consider Resolution No. 13 -57 , Approving the Planned Unit Development – Final Plan/Final Plat for Preserve at Lino Lakes Action Taken: Motion by Roeser, seconded by O’Donnell, to approve Resolution No. 13-5 7 as presented was adopte d. iii. Consider Resolution No. 13 -58, Approving Development Agreement, Preserve at Lino Lakes C) Main Street Shoppes, Katie Larsen i. Consider Resolution No. 13-59 , Approving the Preliminary and Final Plat for Main Street Shoppes Action Taken: Motion by O’Donnell , seconded by Ro eser, to approve Resolution No. 13-5 9 as presented was adopted. ii. Consider Resolution No. 13 -60 , Approving Development Agreement for Main Street Shoppes D) Consider Resolution No. 13-61, Approving Change Order No. 1 for the Otter Lake Road Street and Utility Improvements, Jason Wedel Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Resolution No. 13-6 1 as presented was adopted. E) Lino Lakes Assisted Living Land Purchase, Michael Grochala i. Consider Resolution No. 13 -50 , Approving a Release of Obligations from Contract for Subdivision/Planned Unit Development Agreement between City of Lino Lakes and Hartford Development, Inc., Michael Grochala Action Taken: Motion by O’Donnell , seconded by Ro eser, to approve Resolution No. 13-5 0 as presented was adopted. ii. Consider Resolution No. 13-51 , Approving a Release of Obligations from Petition and Waiver Agreement between the City of Lino Lakes and Legacy Holdings-LL, LLC, Michael Grochala Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Resolution No. 13-5 1 as presented was adopted. F) Consider Resolution No. 13-64 , Authorizing Distribution of Local Surface Water Management Plan, Michael Grochala Council Agenda -4 - May 13, 2013 Action Taken: Motion by Roeser, seconded by Rafferty, to approve Resolution No. 13-6 4 as presented was adopted. 7. UN FINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar – A Look Ahead Ma y 1 3 , 2013 through Ma y 2 8 , 2013 Monday, May 20 5:30 pm, Community Room Budget Priorities Mtg. Tuesd ay , May 2 8 5:30 pm, Community Room Council Work Session Tuesday, Ma y 28 6:30 pm, Council Chambers City Council Meeting CENTENNIAL FIRE DISTRICTCheck Register - FIRE GLPage: 1 Check Issue Dates: 4/6/2013 - 4/19/2013Apr 19, 2013 02:31PM Report Criteria: Report type: Summary GLCheckCheckVendorDescriptionCheck PeriodIssue DateNumberNumberPayeeAmount 04/1304/19/2013577710750ANOKA CO CENTRAL COMMUN800 MHZ RADIO BATTERIES106.00 04/1304/19/2013577830480CENTENNIAL UTILIT IESMARCH UTILITIES STATION 1421.39 04/1304/19/2013577930500CENTURY LI NKCENTERVILLE PHONES56.48 04/1304/19/2013578030650CLAREY'S SAFETY EQUI PMENT EXTRICATION TOOLS15,859.18 04/1304/19/2013578131008COMCASTINTERNET STATION 1101.50 04/1304/19/2013578260300FIRE SAFETY USA, INCLED FLASHLIGHTS/EXTRICATI526.18 04/1304/19/2013578370578GRAINGERPA PER PRODUCTS/CLEANERS/533.80 04/1304/19/2013578490151IMAGE PRINTING & GRAPHICSAWARDS BROCHURE94.26 04/1304/19/20135785120450CITY OF LINO LAKESMAR REIMB-FUEL41,859.82 04/1304/19/20135786130440METRO FIRE, INCF ACEPIECE/VOICE AMPLIFIER/1,157.71 04/1304/19/20135787160050PAETECPHONES STATION 2157.16 04/1304/19/20135788160493PREMIUM WATE RS, INCBOTTLED WATER37.59 04/1304/19/20135789190700SPRING LAKE PARK FIRE DEPTBLUE CARD TRAINING 129,780.00 04/1304/19/20135790190850JERRY STREIC HCELL REIMB JAN-MAR3,900.00 04/1304/19/20135791220200VERIZON WIRELESSCELL PHONES105.52 04/1304/19/20135792220250VIKI NG TROPHIES, INCAWARDS/PLAQUES523.28 04/1304/19/20135793240100XCEL ENERGYELECTRIC STATION 2531.31 Grand Totals:75,751.18 M = Manual Check, V = Void Check CENTENNIAL FIRE DISTRICTCheck Register - FIRE GLPage: 1 Check Issue Dates: 4/20/2013 - 5/6/2013May 06, 2013 02:34PM Report Criteria: Report type: Summary GLCheckCheckVendorDescriptionCheck PeriodIssue DateNumberNumberPayeeAmount 05/1305/06/2013579411565ASPEN MI LLS, INCUNIFORMS49.50 05/1305/06/2013579520353BLAINE BROTHE RS, INCVEH MTC T311,291.93 05/1305/06/2013579630485CENTER MARTFUEL384.40 05/1305/06/2013579730490CENTERPOINT ENERGYSTATION 2 GAS368.21 05/1305/06/2013579831137CONNEXUS ENERGYELECTRIC STATION 1418.78 05/1305/06/2013579960300FIRE SAFETY U SA, INCRES-Q-RENCH TOOLS166.75 05/1305/06/2013580060650FRATTALLONE'S HARDWARE SVEH PARTS256.41 05/1305/06/20135801110300KIRVIDA FIRE, INC2001 FREIGHLINER REPAIR521.71 05/1305/06/20135802130440METRO FIRE, INCSCBA EQUIPMENT1,152.71 05/1305/06/20135803160200MIKE T PETERSONM ATERIALS FOR G11 POD120.27 05/1305/06/20135804180600CITY OF ROSEVILLECOMPUTER PARTS CTY CONN336.06 05/1305/06/20135805190500SIGNS NOWSIGNS106.06 05/1305/06/20135806190825KEVIN STEWARTT RAINING REIMB LODGING50.00 05/1305/06/20135807200150THOMAS MOTORS , INC94 S10 VEH REPAIR820.40 05/1305/06/20135808200210TITAN ENERGY SYST EMS, INCGENERATOR REPAIR368.00 05/1305/06/20135809210232UNI-SELECTVEH PARTS12.04 05/1305/06/20135810220200VERIZON WI RELESSCOMMUNICATIONS78.06 04/1304/25/20132013003210300US BANKDP-VI SA POD MISC SUPPLIES2,334.29 Grand Totals:8,835.58 M = Manual Check, V = Void Check CENTENNIAL FIRE DISTRI CTInvoice Register - Edit ReportPage: 1 Input Dates: 4/6/2013 - 4/19/2013Apr 19, 2013 02:32PM NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period 04/19/2013 10750 ANOKA CO CENTRAL COMMUNICATION ANOKA CO 1075020130171 Invoi 800 MHZ RADIO BATTERIES04/19/201304/19/2013106.00801-42-2210-20304/13 Total 10750 ANOKA CO CENTRAL COMMUNICATION:106.00 30480 CENTENNIAL UTILITIES CENTENNI 304800419131 Invoi MARCH UTILITIES STATION 104/19/201304/19/2013421.39801-42-2210-38004/13 Total 30480 CENTENNIAL UTILITIES:421.39 30500 CENTURY LINK CENTURY 305000419131 Invoi CENTERVILLE PHONES04/19/2013 04/19/201356.48801-42-2210-32104/13 Total 30500 CENTURY LINK:56.48 30650 CLAREY'S SAFETY EQUIPMENT INC CLAREY'S 30650148882-21 Invoi EXTRICATION TOOLS04/19/2013 04/19/201315,859.18 801-42-2210-57004/13 Total 30650 CLAREY'S SAFETY EQUIPMENT INC:15,859.18 31008 COMCAST COMCAST310080419131 Invoi INTERNET STATION 104/19/2013 04/19/2013101.50801-42-2210-32104/13 Total 31008 COMCAST:101.50 60300 FIRE SAFETY USA, INC FIRE SAFE 60300600131 InvoiLED FLASHLIGHTS/EXTRICATI 04/19/201304/19/2013526.18801-42-2210-20404/13 Total 60300 FIRE SAFETY USA, INC:526.18 70578 GRAINGER GRAINGER70578 91065587 1 Invoi FIRE BOOTS04/19/201304/19/2013135.00801-42-2210-21804/13 GRAINGER70578 91128237 1 InvoiPAPER PRODUCTS/CLEANERS/04/19/201304/19/2013398.80801-42-2210-20204/13 Total 70578 GRAINGER:533.80 90151 IMAGE PRINTING & GRAPHICS IMAGE PRI 901511391791 Invoi AWARDS BROCHURE04/19/201304/19/201394.26801-42-2210-35004/13 Total 90151 IMAGE PRIN TING & GRAPHICS:94.26 120450 CITY OF LINO LAKES CITY OF LI 1204500419131 Invoi MARCH REIMB-SALARIES04/19/201304/19/201327,335.90801-42-2210-10104/13 CITY OF LI 1204500419132 InvoiMARCH REIMB-PAYROLL TAXE 04/19/201304/19/20134,289.18801-42-2210-12004/13 CITY OF LI 1204500419133 Invoi MARCH REIMB-INS04/19/201304/19/20132,229.09801-42-2210-13004/13 CITY OF LI 1204500419134 Invoi MAR REIMB-FEMA SALARY04/19/201304/19/20134,800.00 801-42-2350-10104/13 CITY OF LI 1204500419135 InvoiMAR REIMB-FEMA PAYROLL TA 04/19/201304/19/2013707.88801-42-2350-12004/13 CITY OF LI 1204500419136 Invoi MAR REIMB-FEMA INS04/19/201304/19/2013923.97801-42-2350-13004/13 CITY OF LI 1204500419137 Invoi MAR REIMB-FUEL04/19/201304/19/20131,573.80801-42-2210-21204/13 Total 120450 CITY OF LINO LAKES:41,859.82 130440 METRO FIRE, INC METRO FIR 130440468631 InvoiFACEPIECE/VOICE AMPLIFIER/04/19/201304/19/20131,157.71801-42-2210-20404/13 Total 130440 METRO FIRE, INC:1,157.71 CENTENNIAL FIRE DISTRI CTInvoice Register - Edit ReportPage: 2 Input Dates: 4/6/2013 - 4/19/2013Apr 19, 2013 02:32PM NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period 160050 PAETEC PAETEC16005053139951 Invoi PHONES STATION 204/19/2013 04/19/2013157.16801-42-2210-32104/13 Total 160050 PAETEC:157.16 160493 PREMIUM WATERS, INC PREMIUM 160493 625346-03 1 Invoi BOTTLED WATER04/19/201304/19/201337.59801-42-2210-20104/13 Total 160493 PREMIUM WATERS, INC:37.59 190700 SPRING LAKE PARK FIRE DEPT,INC SPRING LA 190700BC-00771 Invoi BLUE CARD TRAINING 1204/19/201304/19/20139,780.00 801-42-2210-33104/13 Total 190700 SPRING LAKE PARK FIRE DEPT,INC:9,780.00 190850 JERRY STREICH JERRY ST 1908500419131 Invoi FINAL TUITION REIMB04/19/2013 04/19/20133,750.00 801-42-2210-33104/13 JERRY ST 1908500419132 Invoi CELL REIMB JAN-MAR04/19/2013 04/19/2013150.00801-42-2210-32104/13 Total 190850 JERRY STREICH:3,900.00 220200 VERIZON WIRELESS VERIZON 220200 97027114 1 Invoi CELL PHONES04/19/201304/19/2013105.52801-42-2210-32104/13 Total 220200 VERIZON WIRELESS:105.52 220250 VIKING TROPHIES, INC VIKING TR 2202501119721 Invoi AWARDS/PLAQUES04/19/201304/19/2013523.28801-42-2210-49504/13 Total 220250 VIKING TROPHIES, INC:523.28 240100 XCEL ENERGY XCEL ENE 2401000419131 Invoi ELECTRIC STATION 204/19/201304/19/2013531.31801-42-2210-38004/13 Total 240100 XCEL ENERGY:531.31 Total 04/19/2013:75,751.18 4/19/2013 GL Period Summary GL PeriodAmount 04/1375,751.18 Grand Totals:75,751.18 Grand Totals:75,751.18 Report GL Period Summary CENTENNIAL FIRE DISTRI CTInvoice Register - Edit ReportPage: 3 Input Dates: 4/6/2013 - 4/19/2013Apr 19, 2013 02:32PM GL PeriodAmount 04/1375,751.18 Grand Totals:75,751.18 Vendor number hash:2058528 Vendor number hash - split:2972078 Total number of invoices:18 Total number of transactions:25 Terms DescriptionInvoice Amount Discount AmountNet Invoice Amount Open Terms75,751.18.0075,751.18 Grand Totals:75,751.18.0075,751.18 CENTENNIAL FIRE DISTRI CTInvoice Register - Edit ReportPage: 1 Input Dates: 4/20/2013 - 5/6/2013May 06, 2013 02:36PM NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period 04/25/2013 210300 US BANK US BANK2103000425131 Invoi DP-VISA PAVILION RENTAL04/25/201304/25/2013176.76801-42-2210-49504/13 US BANK2103000425132 Invoi DP-VISA STAMPS04/25/201304/25/201392.00801-42-2210-32204/13 US BANK2103000425133 Invoi DP-VISA FUEL04/25/201304/25/201352.70801-42-2210-21204/13 US BANK2103000425134 Invoi DP-VISA DUES MNSFC04/25/2013 04/25/2013606.00801-42-2210-43304/13 US BANK2103000425135 Invoi DP-VISA BATTERIES04/25/2013 04/25/201325.62801-42-2210-20304/13 US BANK2103000425136 Invoi DP-VISA CONF04/25/201304/25/2013821.38801-42-2210-33104/13 US BANK2103000425137 Invoi DP-VISA TRAINING 04/25/201304/25/2013157.65801-42-2210-33104/13 US BANK2103000425138 Invoi DP-VISA FRAME04/25/201304/25/201333.25801-42-2210-20104/13 US BANK2103000425139 Invoi DP-VISA STATON 2 PAINT04/25/201304/25/2013244.11801-42-2210-40104/13 US BANK21030004251310 Invoi DP-VISA STATION 3 BLINDS04/25/201304/25/201344.96 801-42-2210-40104/13 US BANK21030004251311 InvoiDP-VISA FEMA GRANT SUPPLI 04/25/201304/25/201375.02801-42-2350-21904/13 US BANK21030004251312 Invoi DP-VISA POD MISC SUPPLIES04/25/201304/25/20134.84 801-42-2210-21904/13 Total 210300 US BANK:2,334.29 Total 04/25/2013:2,334.29 4/25/2013 GL Period Summary GL PeriodAmount 04/132,334.29 Grand Totals:2,334.29 CENTENNIAL FIRE DISTRI CTInvoice Register - Edit ReportPage: 2 Input Dates: 4/20/2013 - 5/6/2013May 06, 2013 02:36PM NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period 05/06/2013 11565 ASPEN MILLS, INC ASPEN MIL 115651340451 Invoi UNIFORMS05/06/201305/06/201342.50801-42-2210-21805/13 ASPEN MIL 115651340461 Invoi UNIFORMS05/06/201305/06/20137.00801-42-2210-21805/13 Total 11565 ASPEN MILLS, INC:49.50 20353 BLAINE BROTHERS, INC BLAINE BR 20353 12311501 1 Invoi VEH MTC G3105/06/201305/06/2013195.07801-42-2210-40405/13 BLAINE BR 20353 12311501 1 Invoi VEH MTC T2105/06/201305/06/2013706.94801-42-2210-40405/13 BLAINE BR 20353 12312003 1 Invoi VEH MTC T3105/06/201305/06/2013389.92801-42-2210-40405/13 Total 20353 BLAINE BROTHERS, INC:1,291.93 30485 CENTER MART CENTER M 304850506131 Invoi FUEL05/06/201305/06/2013 384.40801-42-2210-21205/13 Total 30485 CENTER MART:384.40 30490 CENTERPOINT ENERGY CENTERP 304900506131 Invoi STATION 2 GAS05/06/201305/06/2013368.21801-42-2210-38005/13 Total 30490 CENTERPOINT ENERGY:368.21 31137 CONNEXUS ENERGY CONNEXU 311370506131 Invoi ELECTRIC STATION 105/06/201305/06/2013418.78801-42-2210-38005/13 Total 31137 CONNEXUS ENERGY:418.78 60300 FIRE SAFETY USA, INC FIRE SAFE 60300601081 Invoi RES-Q-RENCH TOOLS05/06/201305/06/2013166.75801-42-2210-20405/13 Total 60300 FIRE SAFETY USA, INC:166.75 60650 FRATTALLONE'S HARDWARE STORE FRATTALL 606500506131 Invoi VEH PARTS05/06/201305/06/2013256.41801-42-2210-40405/13 Total 60650 FRATTALLONE'S HARDWARE STORE:256.41 110300 KIRVIDA FIRE, INC KIRVIDA FI 11030032721 Invoi 2001 FREIGHLINER REPAIR05/06/201305/06/2013521.71801-42-2210-40405/13 Total 110300 KIRVIDA FIRE, INC:521.71 130440 METRO FIRE, INC METRO FIR 130440470311 Invoi SCBA EQUIPMENT05/06/201305/06/20131,152.71801-42-2210-57005/13 Total 130440 METRO FIRE, INC:1,152.71 160200 MIKE T PETERSON MIKE T PE 1602000506131 Invoi MATERIALS FOR G11 POD05/06/201305/06/2013120.27801-42-2210-21905/13 Total 160200 MIKE T PETERSON:120.27 180600 CITY OF ROSEVILLE CITY OF R 18060002173751 InvoiCOMPUTER PARTS CTY CONN 05/06/201305/06/2013336.06801-42-2210-20105/13 CENTENNIAL FIRE DISTRI CTInvoice Register - Edit ReportPage: 3 Input Dates: 4/20/2013 - 5/6/2013May 06, 2013 02:36PM NameVendor NumberInvoiceSeqTypeDescriptionInvoice DatePayment Due DateTotal CostGL AccountGL Period Total 180600 CITY OF ROSEVILLE:336.06 190500 SIGNS NOW SIGNS NO 19050042351 Invoi SIGNS05/06/201305/06/2013 106.06801-42-2210-21905/13 Total 190500 SIGNS NOW:106.06 190825 KEVIN STEWART KEVIN STE 1908250506131 Invoi TRAINING REIMB LODGING05/06/201305/06/201350.00 801-42-2210-33105/13 Total 190825 KEVIN STEWART:50.00 200150 THOMAS MOTORS, INC THOMAS M 200150244641 Invoi 94 S10 VEH REPAIR05/06/2013 05/06/2013820.40801-42-2210-40405/13 Total 200150 THOMAS MOTORS, INC:820.40 200210 TITAN ENERGY SYSTEMS, INC TITAN ENE 200210 121011-00 1 Invoi GENERATOR REPAIR05/06/2013 05/06/2013368.00801-42-2210-40405/13 Total 200210 TITAN ENERGY SYSTEMS, INC:368.00 210232 UNI-SELECT UNI-SELEC 210232 03888508 1 Invoi VEH PARTS05/06/201305/06/201312.04801-42-2210-40405/13 Total 210232 UNI-SELECT:12.04 220200 VERIZON WIRELESS VERIZON 220200 97032765 1 Invoi COMMUNICATIONS 05/06/201305/06/201378.06801-42-2210-32105/13 Total 220200 VERIZON WIRELESS:78.06 Total 05/06/2013:6,501.29 5/6/2013 GL Period Summary GL PeriodAmount 05/136,501.29 Grand Totals:6,501.29 Grand Totals:8,835.58 Report GL Period Summary GL PeriodAmount 05/136,501.29 04/132,334.29 CENTENNIAL FIRE DISTRI CTInvoice Register - Edit ReportPage: 4 Input Dates: 4/20/2013 - 5/6/2013May 06, 2013 02:36PM GL PeriodAmount Grand Totals:8,835.58 Vendor number hash:2301208 Vendor number hash - split:4614508 Total number of invoices:21 Total number of transactions:32 Terms DescriptionInvoice Amount Discount AmountNet Invoice Amount Open Terms8,835.58.008,835.58 Grand Totals:8,835.58.008,835.58 CITY COUNCIL WORK SESSION April 22, 2013 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : April 22, 2013 4 TIME STARTED : 5:30 p.m. 5 TIME ENDED : 5:50 p.m. 6 MEMBERS PRESENT : Council M ember Stoesz , O’Donnell, 7 Rafferty , Roeser and Mayor Reinert 8 MEMBERS ABSENT : N one 9 10 11 Staff members present: Community Development Director Michael Grochala; Economic 12 Development Coordinator Mary Alice Divine; City Planner Katie Larsen; Police Captain 13 Ke lly McCarthy; City Engineer Jason Wedel 14 15 1. Review Regular Council Agenda of April 22, 2013 – 16 17 Item 1 E, Resolution 13 -46 Terminating Lease Agreement with Veritas Academy – 18 Council Member Stoesz asked if the Academy could possibly be housed in the Senior 19 Center building instead. Community Development Director Grochala no ted that staff 20 will provide assistance to Veritas if that is needed . 21 22 Item 1A, City Expenditures - Council Member Rafferty said that the city expenditures 23 list includes rent payments to t he school district and he wonders if the activity could be 24 moved to the city hall complex. Mr. Grochala responded that in some cases, gym use or 25 other specific needs are involved; he is aware that Public Services Director DeGardner is 26 interest ed in conver ting city space for other uses. 27 28 Item 6C, Resolution No. 13 -44, Amendments to Municipal State Aid Designated 29 Streets – City Engineer Wedel explained that the State is amending some of the rules that 30 relate t o designation of MSA streets based on traffic vol ume on the roadways. Staff has 31 developed recommendations that will maximize the state MSA funding allocated to the 32 city. 33 34 Not on printed agenda – Mayor Reinert noted that the council received a letter that was 35 forwarded from the Charter Commission Chair. That letter includes misinformation; in 36 the future staff will hold communications from the Commission until they can be 37 reviewed by the council at a meeting. 38 39 Council Member Roeser asked for an update on the outdoor storage issue. Community 40 Developme nt Director Grochala that staff will be bringing forward information for 41 discussion and decision in May. 42 43 CITY COUNCIL WORK SESSION April 22, 2013 DRAFT 2 Council Member Roeser also asked to provide information on the skateboard park that 44 was discussed previously. He recalls that staff was going to br ing in interested kids so 45 they could feel some ownership of the facility; he requests an update. 46 47 There were no other changes to the regular Council agenda. 48 49 The meeting was adjourned at 5:50 p.m. 50 51 These minutes were considered, corrected and approved at t he regular Council meeting held on 52 May 13, 2013 . 53 54 55 56 57 Julianne Bartell, City Clerk Jeff Reinert , Mayor 58 59 COUNCIL MINUTES April 22, 2013 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 4 DATE : April 11 , 2013 5 TIME STARTED : 6:35 p.m. 6 TIME ENDED : 6:55 p.m. 7 MEMBERS PRESENT : Council M ember Stoesz , O’Donnell, Rafferty , 8 Roeser , and Mayor Reinert 9 MEMBERS ABSENT : 10 11 Staff m embers present: Community Development Director Mi chael Grochala; Police Captain Kelly 12 McCarthy ; City Planner Katie Larsen; City Engineer Jason Wedel; Economic Development 13 Coordinator Mary Alice Divine; and City Clerk Julie Bartell 14 15 PUBLIC COMMENT 16 17 No one wa s present to address the council regarding a matter not on the agenda. 18 19 SETTING THE AGENDA 20 21 The agenda was approved as presented. 22 23 CONSENT AGENDA 24 25 Council Member Rafferty moved to approve Consent Agenda Items 1A, 1B, 1E, and 1F as presented . 26 Council Mem ber Stoesz seconded the moti on. Motion carried on a unanimous voice vote. 27 28 Council Member O’Donnell moved to approve Consent Agenda Item 1C as presented . Council 29 Member Roeser seconded the motion. Motion carried on a voice vote; Mayor Reinert abstained from 30 voting. 31 32 ITEM ACTION 33 34 Consideration of Expenditures: 35 April 22, 2013 (Check No. 95466 – 36 95545 , $633,106.44 ) Approved 37 38 Centennial Fire District (Check No. 5749 – 5770 , 39 $107,231.34 ) Approved 40 41 April 1, 2013 Council Work Session Minu tes Approved 42 43 April 8, 2013 City Council Meeting Minutes Approved 44 45 COUNCIL MINUTES April 22, 2013 DRAFT 2 (Item 1D regarding a peddler license for Big Bell 46 Ice Cream had been deleted from the agenda 47 48 Resolution No. 13 -46, Terminating a Lease Agreement 49 with Veritas Academy Approved 50 51 Resolution No. 13 -47, Appointing Rick DeGardner to 52 the Twin Cities Gateway Board of Directors Approved 53 54 FINANCE DEPARTMENT REPORT 55 56 There was no report from the Finance Department. 57 58 ADMINISTRATION DEPARTMENT REPORT 59 60 There was no report from the Administr ation Department. 61 62 PUBLIC SAFETY DEPARTMENT REPORT 63 64 There was no report from the Public Safety Department. 65 66 PUBLIC SERVICES DEPARTMENT REPORT 67 68 There was no report from the Public Services Department. 69 70 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 71 72 6A) Public He aring and 1 st Reading of Ordinance No. 03 -13, Vacating a Drainage and Utility 73 Easement for The Village No. 4 – City Planner Larsen explained that the vacation is part of the 74 addition planned for the Lino Lakes Assisted Living facility. There is a drainag e and utility easement 75 that exists between parcels that will be combined for the new project. The existing water main will 76 be relocated as a result. Staff is requesting that the council hold a public hearing on the easement and 77 then grant approval of th e 1 st Reading of the ordinance. 78 79 Mayor Reinert opened the public hearing. There being no one present wishing to speak, the public 80 hearing was closed. 81 82 Council Member O’Donnell moved to approve the 1 st Reading of Ordinance No. 03 -13 as presented. 83 Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 84 85 6B) Resolution No. 13 -45, Accepting a donation from TC Gateway for the Blue Heron Days 86 Festival – Economic Development Coordinator Divine noted that Lino Lakes is one of the ci ties 87 included in the TC Gateway tourism promotion group. TC Gateway is funded through hotel/motel 88 taxes within the area they serve. They are providing a grant to the city that will support the city’s 89 annual festival. 90 COUNCIL MINUTES April 22, 2013 DRAFT 3 Council Member Stoesz noted that Ms . Divine is retiring from her city position. The council 91 concurred in their recognition a nd thanks to Ms. Divine for her good work for the city. 92 93 Council Member Roeser moved to approve Resolution No. 13 -45 as presented. Council Member 94 Stoesz seconded th e motion. Motion carried on a unanimous voice vote. 95 96 6C) Resolution No. 13 -44, Municipal State Aid Street Revocations and Designations – City 97 Engineer Wedel explained that the city receives funding from the state through the Municipal State 98 Aid (MSA) bud get. The state is creating a new methodology on how it calculates when roadways will 99 be improved that is based on traffic volumes rather than population and construction need and to 100 maximize the city’s use under the new method. 101 102 Council Member Roeser move d to approve Resolution No. 13 -44 as presented. Council Member 103 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 104 105 6D) Resolution No. 13 -48, Joint Powers Agreement with the City of Centerville for Mound 106 Trail Sanitary Sewer and Wate r Service – Community Development Director Grochala explained 107 that the agreement continues the provision of Centerville utility services to certain properties located 108 in Lino Lakes. The two properties involved already receive sanitary sewer services throu gh 109 Centerville and it is now proposed that water service be extended to one of the homes also. 110 111 Council Member O’Donnell moved approval of Resolution No. 13 -48 as presented. Council Member 112 Roeser seconded the motion. Motion carried on a unanimous voice vote. 113 114 6E) Resolution No. 13 -49, Stormwater Maintenance Agreement with Rice Creek Watershed 115 District (RCWD) – City Engineer Wedel explained that the agreement authorizes a stormwater 116 maintenance agreement with the RCWD covering stormwater facilities con structed as part of the 117 Otter Lake Road Extension Project. He outlined the type of maintenance services involved. 118 119 Council Member Roeser moved to approve Resolution No. 13 -49 as presented. Council Member 120 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 121 122 UNFINISHED BUSINESS 123 124 There was no Unfinished Business. 125 126 NEW BUSINESS 127 128 There was no New Business. 129 130 COMMUNITY EVENTS 131 132 2nd Annual 5k Run/Walk is Saturday, May 4, 2013 . Lino Lakes Elementary STEM School will be 133 hosting its 2nd annua l event . The run/walk will begin at 8:00 a.m. with the runners first and the 134 walkers following. For more information contact Lino Lakes STEM School . 135 COUNCIL MINUTES April 22, 2013 DRAFT 4 136 137 Arbor Day will be celebrated at Lino Lakes Elementary this Fri day, April 2 6, 2013 at 2:00 p.m. For 138 mor e information contact Marty Asleson at 651 -982 -2435. 139 140 COMMUNITY CALENDAR : 141 142 Community Calendar – A Look Ahead 143 April 22 , 201 3 through May 13, 2013 144 Wednesday, April 24 6:30 pm, Council Chambers Environmental Board 145 Thursday, May 2 8:00 am, Community Room E DAC 146 Monday, May 6 5:30 pm, Community Room Council Work Session 147 Monday, May 6 6:30 pm, Council Chambers Park Board 148 Wednesday, May 8 6:30 pm, Council Chambers Planning & Zoning 149 Monday, May 13 6:30 pm, Council Chambers City Council Meeting 150 151 ADJOURN 152 153 Ther e being no further business, Council Member Rafferty moved to adjourn at 6:55 p.m. Council 154 Member Stoesz seconded the mot ion. Motion carried on a unanimous voice vote . 155 156 These minutes were considered and approved at the regular Council Meeting, May 13, 20 13. 157 158 159 160 161 Julianne Bartell, City Clerk Jeff Reinert , Mayor 162 163 CITY COUNCIL AGENDA ITEM 1D STAFF ORIGINATOR: Lisa Hogstad -Osterhues, Deputy Ci ty Clerk MEETING DATE: May 13 , 201 3 TOPIC: Resolution No. 1 3 -43 , Approving a Peddler License for Big Bell Ice Cream VOTE REQUIRED: 3/5 BACKGROUND Big Bell Ice Cream, Inc., 3218 Snelling Avenue, Minneapolis has submitted a peddler’s license application to the city clerk's office. The company representative who would be working in Lino Lakes, Mr. Jon Samuelson, plans to travel through the Lino Lakes’ neighborhood s selling pre -packaged ice cream novelties . The City has received all the necessary forms required to issue this company a license. The Lino Lakes Po lice Department has performed a background check and indicated no reason to deny the application. The application and all other required information is on file in the city clerk's office for review. RECOMMENDATION Approve Resolution No. 13 -43 , A pproving the issuance of a Peddler License for a si x month period commencing May 13 , 2013 . CITY OF LINO LAKES RESOLUTION NO. 1 3 -43 RESOLUTION APPROVING PEDDLERS LICENSE WHEREAS, Big Bell Ice Cream, Inc., has submitted a peddlers license application to the city clerk's office; and WHEREAS, Big Bell Ice Cream, 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, the Lino Lakes Police Department has conducted a background check on the company representative that would be working in Lino Lakes, Mr. Jon Randall Samuelson; NOW, THEREFORE, BE IT RESOLVED by the City Council of t he City o f Lino Lakes, Minnesota: Mr. Jon Samuelson, an employee of Big Bell Ice Cream, Inc., is hereby authorized to vend for a period of six -months beginning May 13, 201 3 and ending November 13 , 201 3 . Adopted by the Council o f the City of Lino Lakes this 13th day of May , 201 3 . 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: ___________________________________ Lisa Hogstad -Osterhues, Deputy City Clerk BOARD OF REVIEW MINUTES April 22, 2013 APPROVED 1 CITY OF LINO LAKES 1 MINUTES 2 BOARD OF APPEAL 3 4 DATE : April 2 2, 2013 5 TIME STARTED : 6:00 p.m. 6 TIME ENDED : (recessed once ) 7:10 p.m. 7 MEMBERS PRESENT : Council M ember Stoesz , Roeser, Rafferty, 8 O’Donnell and Mayor Reinert 9 MEMBERS ABSENT : none 10 11 Staff members present: Community Development Director Michael Grochala ; City Clerk Julie Bartell 12 Anoka County Assessor Staff present: Peggy Nordrum, Appra iser; Randy DeJong, Appraiser 13 14 Mayor Reinert reviewed the process that would be used for this meeti ng. 15 16 Anoka County Appraiser Nordrum explained that after appellants are called on to present their 17 appeals, county staff will respond if they’ve had opportunity to review the appeal. The county has 18 received 22 phone calls regarding Lino Lakes ’ property. Staff was able to resolve the issues brought 19 up by those calls with the exception of two cases and they may attend this evening. Overall, she 20 noted, values in the city are going up and that tends to generate valuation questi ons. 21 22 The council heard fro m the following appellants: 23 24 Gary Uhde, Century Farm North 4 th Addition, Outlot A – Mr. Uhde explained that his appeal 25 relates to classification. The property has been and will continue to be farmed (he presented a letter to 26 the council explaining the far ming of the land). For taxes payable in 2014, the property has been 27 reclassified to residential but he would argue the land is not ready to be developed and will remain as 28 farm land. He is complying with state statute to meet agricultural standards. He introduced Mr. 29 Richard Gannon (sp) who is personally farming rye on the land. 30 31 County staff explained that the change from agricultural to residential occurred because a portion of 32 the land was sold off and the remainder doesn’t meet the statutory thresh old for farm designation. 33 The property must be at least 10 contiguous areas and this parcel is now 9.79 acres. Ms. Nordrum 34 added that the agricultural designation also normally implies more intensive farming that just rye. 35 The council discussed the a mount of the increase in taxes due to the classification change. 36 37 Mayor Reinert said he is sympathetic to Mr. Uhde’s situation and would be inclined to allow the 38 agricultural designation based on factors involved (poor economy, the developer’s good reput ation 39 with the city, close to meeting statutory requirement). The council concurred to allow the farming 40 designation for one year and a motion to do so was made by Council Member Roeser. Council 41 Member O’Donnell seconded the motion and it was adopted on a unanimous voice vote. 42 43 Pete Hitchcock, 448 Tanglewood Drive, Shoreview regarding his property in Lino Lakes 44 located at 355 Ash Street and the two acre lot next door – Mr. Hitchcock explained that he has a 45 BOARD OF REVIEW MINUTES April 22, 2013 APPROVED 2 valuation concern about the property. There is a large difference between what he paid for this 46 property and the value attached by the county. It was sold as a distressed pr operty and also has some 47 building issues. Council Member Roeser clarified that nonconventional sales such as foreclosure or 48 ban k sales are considered differently when values are determined. Mr. Hitchcock noted that based on 49 what the council decides he may want to keep open the opportunity to go through the county appeal 50 process. 51 52 Mayor Reinert suggested that the council doesn’t have enough information on this appeal to make a 53 decision. The council decided to continue the meeting so that staff and the council can get more 54 information on this property. 55 56 The meeting was recessed at 6:35 p.m. to allow the council to convene the reg ular council meeting. 57 Upon adjournment of the regular meeting, the board meeting was reconvened. 58 59 Paul Johnson , Pine Acres Development Company – Mr. Johnson explained and he and some 60 partners bought property in Lino Lakes many years ago; he believes it wa s platted around 1974. At 61 one point he was advised by former City Administrator Randy Schumacher to do an overplat, which 62 he did and had recorded. This property is being charged by the plat even though it can’t be developed 63 anytime soon because it is far away from water and sewer infrastructure. At this point the taxes are 64 m ore than $17,000 per year. He believes that , because the property is really undevelopable for a long 65 time, it isn’t worth anything near the current valuation. 66 67 The mayor asked if pl ats from that long ago are still relevant and Community Development Director 68 Grochala said the platting would be defunct at this point. He concurs that it would be on the tail end 69 of any development in that region since sewer and water are far away. 70 71 Ap praiser Nordrum added that there are some special assess ments on the property (from Pine Street 72 improvements). She has looked at the property – it is counted as four lots but the owners have the 73 right to configure it as they wish. But the county has to a ssign a value based on the information they 74 have. She suspects there could be a reduction based on the request and if he decides to reduce the 75 number of lots. 76 77 The council concurred that they would reconsider this property at the continuation hearing. They 78 directed city staff (Mr. Grochala) to look at the property and assist Mr. Johnson in a vacation or 79 whatever is necessary to reflect the correct value of the property. 80 81 ADJOURN 82 83 The meeting was adjourned to a continuation hearing on May 6, 2012, 5:30 p.m. 84 85 These minutes were considered and approved at the regular Council Meeting on May 13, 2013 . 86 87 88 Julianne Bartell, City Clerk Jeff Reinert , Mayor 89 \ 90 CLOSED COUNCIL SESSION April 22 , 2013 DRAFT 1 1 CITY OF LINO LAKES 2 MINUTES 3 CLOSED COUNCIL SESSION 4 5 DATE : April 22, 2013 6 TIME STARTED : 7:30 p.m. 7 TIME ENDED : 8:10 p.m. 8 MEMBERS PRESENT : Council Members Rafferty, Stoesz , 9 Roeser , O’Donnell and Mayor Reinert 10 MEMBERS ABS EN T : none 11 12 St aff present: Community Development Director Michael Grochala; City Attorney Joe 13 Langel. 14 15 T he meeting was called to order at 7:30 p.m. in the Council Workroom at Lino Lakes 16 City Hall. 17 18 The meeting was convened as a closed session of the c ity council pursuant to the Open 19 Meeting Law for t he express purpose of discussing assessment mediation (attorney client 20 privilege). 21 22 The meeting was not recorded as allowed under state statute . 23 24 Th e meeting was adjourned at 8:10 p.m. 25 26 These minutes were c onsidered, corrected and approved at the regular Council meeting held on 27 May 13 , 2013 . 28 29 30 31 32 Julianne Bartell, City Clerk Jeff Reinert , Mayor 33 34 CITY COUNCIL AGENDA ITEM 1G STAFF ORIG INATOR: John Swenson, Chief of Police MEETING DATE: May 13, 2013 TOPIC: Otter Lake Animal Hospital – Contract for Services VOTE REQUIRED: 3/5 INTRODUCTION As part of the a nimal control services provided to the residents of City of Li no Lakes, the City has contacted with the Otter Lake Animal Care Center (OLACC) for the past 17 years. Our relationship du ring this time with OLACC has been very p rofessional and meet s the need s of the citizens as well as the City by utilizing the pro visions of this contract. BACKGROUND As outlined in the contract for service, the Otter Lakes Animal Care Center agrees to provide the following services: 1. Shelter for animals on a 24 hour basis. 2. P ick up and transport to th e shelter building, during normal business hours, seven days per week upon the request of the appropriate City of Lino Lakes official. 3. Animal examinations and veterinary care as required whenever staff is available. 4. Boarding for u p to seven (7) days. 5. Euthanasia and disposal of animals if required. 6. Assist in the handling animal abuse/neglect cases in cooperation with City of Lino Lakes officials when necessary. 7. Vaccinate all boarders with Bordatella upon arrival at the facility. Th ere is a complete breakdown of all fees in the attached contract. It should be noted the fee structure for 2013 is the same as the 2012 contract. RECOMMENDATION Staff recommends approval the contract renewal with Otter Lake Animal Care Center. ATTACH MENTS Contract with Otter Lake Animal Care Center CITY COUNCIL AGENDA ITEM 4A STAFF ORIG INATOR: John Swenson, Chief of Police MEETING DATE: May 13, 2013 TOPIC: Emergency Management Plan VOTE REQUIRED: 3/5 INTRODUCTION In order to ensure that City of Lino Lakes is prepared to respond effectively in event of a disaster , an Emergency Management Plan was created in 2007. The proposed revision is the third revision of this this plan since its creation. BACKGROUND Members of the police department have revie wed the entire Emergency Management Plan and have made minor modifications to reflect current staffing positions, laws, and dates. This plan was brought before the City Council during the Work Session on April 1, 2013. In order to give members of the Cou ncil time to conduct a comprehensive review, the Council an d City Directors were email ed copies of the Plan with all revisions highlighted and a proposed final copy of the revised P lan on April 3, 2013 . During the City Council Work Session on May 6, 201 3 the Emergency Management Plan was discussed and the Council direct ed staff to bring the Plan forward to the City Council Meeting on May 13, 2013 for consideration. RECOMMENDATION Staff recommends appr oval of the Emergency Management Plan. ATTACHMENTS Due to the sensitive and private information contained in the Emergency Management Plan, it will not be posted on the City of Lino Lakes website. All members of the City Council and all Directors have received an email with a complete copy of the Emergen cy Management Plan. CITY COUNCIL AGENDA ITEM 4 B STAFF ORIG INATOR: John Swenson , Chief of Police MEETING DATE: May 13, 2013 TOPIC: Police Week 2013 VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Police Department is seeking City Council approv al of the 2013 National Police Week Proclamation . BACKGROUND Police week was designed to recognize the service given by the men and women who, night and day, selflessly stand guard in our communities to safeguard the lives and property of their fellow Am ericans. On October 1, 1962 President John F. Kennedy, proclaimed May 15 of each year as Peace Officers' Memorial Day and the calendar week of each year during which May 15 occurs as Police Week. Staff is requesting that council acknowledge and read the attached proclamation in our support of designating M ay 12 to May 18, 2013 , as Police Week, and May 15th as Peace Officer's Memorial Day in the city of Lino Lakes. RECOMMENDATION Approval of 2013 National Police Week Proclamation. ATTACHMENTS 2013 N ational Police Week Proclamation. PROCLAMATION POLICE WEEK 2013 Chief Swenson announces that National Police Week is May 1 2 through May 18 . Please join the citizens of Lino Lakes in recognizing Police Week 20 13 . WHEREAS, the Congress of the United States of America has designated a ca lendar week of each year during which May 15 occurs as "National Police Week" and May 15th of each year to be "Peace Officers' Memorial Day"; and WHEREA S, the members of the Lino Lakes Police Department play an essential role in safeguarding the rights an d freedoms of the City of Lino Lakes ; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their Lino Lakes Police Department , and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and THEREFORE, BE IT RESOLVED by the City Council of the City o f Lino Lakes, Minnesota do hereby proclaim the: WEEK OF MAY 1 2 TH TO MAY 18 TH to be POLICE WEEK a nd call upon all citizens of Lino Lakes and upon all patriotic, civic and educational organizations to observe the week of May 1 2 - 18, 2013 , as Poli ce Week with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to t heir communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. ________________________ Jeff Reinert , Mayor Julie Bartel l, City C ler k CITY COUNCIL AGENDA ITEM 6A STAFF ORIG INATOR: Katie Larsen, City Planner MEETING DATE: May 13, 2013 TOPIC: i. Consider Resolution No. 13 -53 Approving Variance to Increase the Maximum Right of Way Setback for the Lino Lakes Assisted Living Additi on, 725 Town Center Parkway ii. Consider Resolution No. 13 -54 Approving the Planned Unit Development -Final Plan /Final Plat for the Village No. 5 -Lino Lakes Assisted Living iii. Consider Resolution No. 13 -55 , Approving Development Agreement, The Village No. 5 -Lin o Lakes Assisted Living (TO FOLLOW FRIDAY) iv. Second Reading: Ordinance 03 -13 Vacating a Drainage and Utility Easement -The Village No. 4 VOTE REQUIRED: 3/5 (Items i, ii, iii) and 4/5 (Item iv) INTRODUCTION Staff is requesting City Council considerati on of the Variance, PUD Final Plan /Final Plat , Development Agreement and Drainage and Utility Easement Vacation Sec ond Reading as t hey relate to The Village No. 5 -Lino Lakes Assisted Living addition. Complete Application Date: March 11, 2013 P & Z Board Meeting: April 10, 2013 City Council Meeting: April 22 & May 13, 2013 60 -Day Review Date: May 10, 2013 Extension Letter Mailed: April 30, 2013 BACKGROUND The applicant has submitted a Land Use Application for a 36 unit, single level addition to th e existing Lino Lakes Assisted Living, LLC facility located at 725 Town Center Parkway. The addition is approximately 28,100 square feet. The pr oject includes a final plat , drainage and utility easement vacation, site plan review and variance. On Apri l 10, 2013, the Planning & Zoning Board made recommendation to the City Council to approve the PUD Final Plan /Final Plat , Site Plan and Variance as it relates to The Village No. 5 and the Lino Lakes Assisted Living addition. On April 22, 2013, the City Co uncil held a public hearing and first reading for the Vacating of a Drainage & Utility Easement as it relates to The Village No. 4. The project is located within the Legacy at Woods Edge project and is subject to the Lino Lakes Town Center Design & Develo pment Guide. These regulating zoning standards shall be applied to the site and building plan review. The subject site is located within the 50% build -to line which requires at least 50% of the block length must contain building fronts, parks or plazas w ithin 5 feet of the right of way. The proposed addition is located 19 feet from the right of way line and a variance shall be required. Matching the setback of the existing building constitutes use of the property in a reasonable manner. Requiring the m aximum 5 foot setback would create an “unbalanced” look and feel of the addition in comparison to the existing building. The proposed 19 foot setback also provides adequate distance for a drainage and utility easement necessary for the watermain relocatio n. The final plat for The Village No. 5 is consistent with the preliminary plat and meets the requirements of the City Subdivision and Zoning Ordinance. The City Attorney has reviewed and approved the Title Commitment. The City Engineer has prepared t he Development Agreement which provides for the submittal of fees and securities to cover City review costs and ensure completion of the public and private improvements in accordance with the approved plans. The Village No. 5 final plat is a combination of Lot 4, Block 1 and Outlot A, The Village No. 4. The drainage and utility easement that exists between the parcels needs to be vacated. The existing watermain under this easement will be relocated to the southeast due to the location of the new additi on and a new easement shall be dedicated. Ideally, this new easement would be dedicated on the final plat but a separate document may be recorded. RECOMMENDATION Staff is recommending approval of the following items with conditions listed per resolution or ordinance: 1. Resolution No. 13 -53 Approving Variance to Increase the Maximum Right of Way Setback for the Lino Lakes Assisted Living Addition, 725 Town Center Parkway 2. Resolution No. 13 -54 Approving the Planned Unit Development -Final Plan /Final Plat for the Village No. 5 -Lino Lakes Assisted Living 3. Resolution No. 13 -55, Approving Development Agreement, The Village No. 5 -Lino Lakes Assisted Living 4. Second Reading: Ordinance 03 -13 Vacating a Drainage and Utility Easement -The Village No. 4 ATTACHMENTS 1. Resolution No. 13 -53 2. Site Plan for Variance 3. Resolution No. 13 -54 4. Final Plat -The Village No. 5 5. Resolution No. 13 -55 6. Development Agreement (to follow on Friday) 7. Ordinance 03 -13 CITY OF LINO LAKES RESOLUTION NO. 13 -53 VARIANCE TO INCREASE THE MAXIMUM RIGHT OF WAY SETBACK FOR THE LINO LAKES ASSISTED LIVING ADDITION, 725 TOWN CENTER PARKWAY WHEREAS, a request has been submitted to the City for the approval of a variance at 725 Tow n Center Parkway , said property legally described to -wit: Lot 1, Block 1, The Village No. 5 ; and WHEREAS, review and approvals of variances are governed by state statutes and City ordinances, and WHEREAS, the Lino Lakes City Council makes the following Finding s of Fact : a. The variance shall be in harmony with the general purposes and intent of the ordinance. The general purpose and intent of the Lino Lakes Town Center Design & Development Guide is to provide for the orderly and integrated development of a high -quality Town Center which includes a mix of shops, offices, housing and open space. The build -to line requires building fronts close to the edge of the street to enhance continuity, attractiveness and intimacy of pedestrian spaces. The addition is 19 feet from the property line which matches the setback of the existing building. Additional landscaping and foundation plantings will add to the attractiveness of the pedestrian spaces. b. The variance shall be consistent with the comprehensive pla n. The variance is consistent with the comprehensive plan. The land is guided for mixed use/commercial development and an assisted -living facility is allowed. c. There shall be practical difficulties in complying with the ordinance. “Practical difficult ies,” 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. Matching the setback of the existing building constitutes use of the property in a reasonable manner. Requiring the maximum 5 foot setback would create an “unbalanced” look and feel of the addition in comp arison to the existing building. The proposed 19 foot setback also provide s adequate distance for a drainage and utility easement necessary for the watermain relocation. d. The plight of the la ndowner shall be due to circumstances unique to the property not created by the landowner. The plight of the landowner is created by the ordinance not the landowner himself. e. The variance shall not alter the essential character of the locality. The var iance shall not alter the essential character of the locality. The addition will match with the existing building setback and exterior building materials. 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. Assisted living facilities are permitted uses in the commercial and mixed use districts of the Development Guide land use plan. 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. NOW, THEREFORE BE IT RESOLVED, by The City Council of T he City of Lino Lakes hereby approves the variance to in crease the maximum right of way setback from 5 feet to 19 feet . Adopted by the Council of the City of Lino Lakes this ______________ day of _____, 2013. 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 . 13 -54 RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT – FINAL PLAN /FINAL PLAT FOR THE VILLAGE NO. 5 -LINO LAKES ASSISTED LIVING WHEREAS , the City has received an application for a planned unit development – final plan /final plat approval for property currently described to -wit: Outlot A, THE VILLAGE NO. 4 , Anoka County, Minnesota ; and WHEREAS , the City has approved a final plat entitled THE VILLAGE NO. 5 which will create the parcel on which the Lino Lakes Assisted Li ving addition is proposed to be constructed. This parcel will be described as: Lot 1, Block 1, THE VILLAGE NO. 5 ; and WHEREAS , the planned unit development – final plan /final plat approval request is based on the following submittals: 1. Memory Care Addi tion -Lino Lakes Lodging Plan Set dated April 23, 2013 and received by the City on April 24, 2013 . 2. Village No. 5 Final Plat received April 24, 2013. ; and WHEREAS , at their meeting on April 10, 2013 , the Planning & Zoning Board recommended approval of the planned unit developm ent – final plan /final plat subject to certain conditio ns of approval ; and WHEREAS , the proposed planned unit development – final plan/final plat meets the requirements of the City’s zoning ordinance, subdivision ordinance, and the L ino Lakes Town Center Design and Development Guide subject to certain conditions of approval. NOW, THEREFORE, BE IT RESOLVED by T he City Council of The City of Lino Lakes that the planned unit d evelopment – final plan/final plat for The Village No. 5 and the Lino Lakes Assisted Living Addition are hereby approved subject to the following conditions: 1. The developer shall submit an executed development agreement and all documents, fees and securities required therein prior to release of the signed Final Plat . 2. The developer shall record the plat within 90 days after the date of approval, otherwise the approval of the final plat shall be considered void, unless the developer requests and receives an extension from the City Counci l . 3. A Sign Permit application sha ll be submitted and approved by the City Staff prior to installation or construction of any signage. 4. A Grading Permit application shall be submitted and approved by City Staff prior to any grading or site work. 5. A Building Permit application shall be submit ted and approved by City Staff prior to any construction. 6. A variance increasing the maximum right of way setback shall be approved by the City Council. 7. A photometric and lighting plan shall be submitted and approved by the City Staff. 8. The Southeast (Street ) Elevation main entrance façade shall be all brick as shown on the original elevation sheet submitted March 11, 2013. 9. A decorative window or louver shall be incorporated into the shake/gable. 10. Documentation from MnDOT stating the concerns from their April 4, 2013 letter have been addressed. 11. A copy of the Rice Creek Waters hed District permit shall be submitted to the City . 12. All comments from the City Engineer Letter dated May 1, 2013 shall be addressed. Adopted by the Council of the City of Lino Lakes this ______________ day of _____, 2013. 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. 13 -55 RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR THE VILLAGE NO. 5 -LINO LAKES ASSISTED LIVING WHEREAS, the City Council approved the PUD Final Plan for The Village No. 5 -Lino Lakes Assisted Living on May 13 , 2013 , 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 that The City Council of The City of Lino Lakes her eby approves the Development Contract between Lino Lakes Assisted Living, LLC and the City of Lino Lakes, for The Village No. 5 -Lino Lakes Assisted Living and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this _____ day of ________________, 2013. The motion for the adoption of the foregoing resolution was duly seconded by Council Member _________________and upon vote being taken thereon, the following voted in favo r thereof: The following voted against same: ___________________________ Jeff Reinert, Mayor ATTEST: ____________________________ Julianne Bartell, City Clerk 1 st Reading: Publication: 2 nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 03 -13 ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT (LOT 4, BLOCK 1 and Outlot A, The Village No. 4) “The City Council of Lino Lakes ordains". Section 1 Findings 1. The City Council of Lino Lakes has determined to vacate in its entirety the drainage and utility easement as shown in Exhibit A and described as: That portion of a drainage and utility easement over, under and across that part of Lot 4, Block 1, and Outlot A, THE VILLAGE NO. 4, according to the recorded plat thereof, Anoka County, Minnesota, described as follows: Commencing at the most easterly corner of said Outlot A; thence South 64 degrees 55 minutes 36 seconds West, assumed bearing, a long the southeasterly line of said Outlot A, 297.03 feet to the point of beginning; thence North 25 degrees 08 minutes 27 seconds West, 154.34 feet; thence South 64 degrees 00 minutes 48 seconds West, 30.74 feet; thence South 40 degrees 48 minutes 19 seco nds East, 39.78 feet; thence South 25 degrees 08 minutes 27 seconds East, 115.56 feet, to the southeasterly line of said Lot 4; thence North 64 degrees 55 minutes 36 seconds East, along said southeasterly line of Lot 4 and said southeasterly line of Outlo t A, 20.00 feet, to the point of beginning. 2. A public hearing was held on April 22, 2013 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and a reasonable attempt was made to give personal no tice to all affected property owners, and all persons interested were given an opportunity to be heard; and 3. It appears to be in the best interest of the City to vacate such drainage and utility easement; and 4. Four -fifths of all members of the City Council concur in this ordinance. Section 2 Easement Vacated The drainage and utility easement described herein is hereby vacated. Section 3 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Co uncil this ____ day of __________________, 2013 . 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 CITY COUNCIL AGENDA ITEM 6B STAFF ORIG INATOR: Katie Larsen, City Planner MEETING DATE: May 13, 2013 TOPIC: i. Consider Resolution No. 13 -56 Amending Resolutio n 06 -137 Entitled “Approving PUD Developme nt Stage Plan/Preliminary Plat and Allocati on of Musa Reserve for the Preserve”, p assed August 28, 2006 i i. Consider Resolution No. 13 -57 Approving the Planned Unit Development -Final Plan/Final Plat for Preserve at Lino Lakes iii . Consider Resolution No. 13 -58 Approving Development Agreement, Preserve at Lino Lakes (TO FOLLOW FRIDAY) VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council c onsideration of the PUD Final Plan/Final Plat and Development Agreement for Preserve at Lino Lakes. Complete Application Date: February 11, 2013 P & Z Board Meeting: March 13, 2013 City Council Meeting: May 13, 2013 60 -Day Review Date: April 21, 2013 Extension Letter Mailed: March 27, 2013 120 -Day Review Date: June 20, 2013 BACKGROUND “The Preserve” was submitted to the City in 2006 by Integra Homes as a residential subdivision. The City Council approved Resolution 06 -137 for a PUD Development Stage Plan/Preliminary Plat in August 2006. Final plat extensions were approved up to April 2013. The PUD final plan/final plat has been subm itted by Schwieters Investments of Lino Lakes, LL C as “Preserve at Lino Lakes”. The project is a conservation development and a Restoration and Management Plan for Conservation Areas shall be implemented . The final plat contains 31 single family lots and six (6) outlots. The PUD final plan/final plat for Preserve at Lino Lakes is consistent with the PUD Development Stage/preliminary plat and meets the requirements of the City Subdivision and Zoning Ordinance. The C ity Attorney has reviewed the Title Comm itment. On March 13, 2013, the Planning & Zoning Board made recommendation to the C ity Council to approve the PUD final plan/final plat . The City Engineer has prepared the Development Agreement which provides for the submittal of fees and securities to cover City review costs and ensure completion of the public and private improvements in accor dance with the approved plans. One condition of Resolution 06 -137 approving the PUD Development Stage Plan/Preliminary Plat required the homeowners association b e responsible for maintenance of rain gardens. Further detailed engineering and site design of the development determined the construction of small individual rain gardens was not feasible or necessary for storm water management. Resolution 06 -137 shall be amended to omit the maintenance of rain gardens. RECOMMENDATION Staff is recommending approval of the following items with conditions : 1. Resolution No. 13 -56 Amending Resolution 06 -137 Entitled “Approving PUD Development Stage Plan/Preliminary Plat and Allocation of Musa Reserve for the Preserve”, passed August 28, 2006 2. Resolution No. 13 -57 Approving the Planned Unit Development -Final Plan/Final Plat for Preserve at Lino Lakes 3. Resolution No. 13 -58 Approving Development Agreement, Preserve at Lino Lake s (TO FOLLOW FRIDAY) ATTACHMENTS 1. Resolution No. 13 -56 2. Resolution No. 13 -57 3. Final Plat -Preserve at Lino Lakes 4. Development Agreement (to follow on Friday) 5. Resolution No. 13 -58 CITY OF LINO LAKES RESOLUTION NO. 13 -56 AMENDING RESOLUTION 06 -137 ENTITLED “APPROVING PUD DEVELOPMENT STAGE PLAN/PRELIMINARY PLAT AND ALLOCATION OF MUSA RESERVE FOR THE PRESERVE”, PASSED AUGUST 28, 2006 WHEREAS , the PUD Stage Plan /Preliminary Plat for The Preserve required the construction and maintenance of rain gardens and; WHEREAS, further detailed engineering and site design of the development determined the construction of small individual rain gardens was not feasible for storm water management . NOW, THEREFORE BE IT RESOLVED by The City Council of T he City of Lino Lakes the following be deleted from Resolution 06 -137 : “10. The homeowners association shall be responsible for maintenance of the rain gardens. This requirement shall be included i n the easement coven ants and restrictions document and this shall be includ ed in the association documents .” Adopted by the Council o f the City of Lino Lakes this ______________ day of _____, 2013 . 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. 13 -57 RESOLUTION APPROVING THE PLANNED UNIT D EVELOPMENT – FINAL PLAN /FINAL PLAT FOR PRESERVE AT LINO LAKES WHEREAS , the City has received an application for a planned unit development – final plan /final plat approval fo r property currently described to -wit: The Southwest Quarter of the Southeast Quarter of Section 28, Township 31, Range 22, Anoka County, Minnesota, except GEMINI ESTATES and TRAPPERS CROSSING according to the recorded plats thereof, Anoka County, Minneso ta; also except that part of said quarter -quarter described as follows: Commencing at the northwest corner of said quarter -quarter; thence South 89 degrees 29 minutes 30 seconds East along the north line thereof 360 feet to the point of beginning; thence c ontinuing South 89 degrees 29 minutes 30 seconds East along said north line 388.48 feet; thence South 22 degrees 30 minutes West 345feet; thence South 21 degrees 12 minutes East166.94 feet; thence North 89 degrees 29 minutes 30 seconds West 320feet; thence North 0 degrees 22 minutes 58 seconds East 475 feet to the point of beginning; and also except that part of said quarter -quarter described as follows: Beginning at the northeast corner of said quarter -quarter; thence South 0 degrees 33 minutes 07 seconds West along the east line thereof 170 04 feet to Point "A"; thence North 89 degrees 29 minutes 30 seconds West 418 54 feet; thence North 22 degrees 30minutes East 183.38 feet to the north line of said quarter -quarter; thence South 89 degrees 29 minutes 30 seconds East along said north line 350 feet to the point of beginning; and also except that part of said quarter -quarter described as follows: Beginning at said Point "A'; thence North 89 degrees 29 minutes 30 seconds West 272.96 feet; thence South 22 de grees 30minutes West 223.24 feet; thence South 89 degrees 29 minutes 30 seconds East parallel with the north line of said quarter -quarter 356.42 feet, more or less, to the east line of said quarter -quarter; thence North 0 degrees 33 minutes 07 seconds East along said east line 207feet,moreorless,to the point of beginning. AND That part of the Northwest Quarter of the Northeast Quarter of Section 33, Township 31, Range 22, Anoka County, Minnesota, lying north west of the west right -of -way line of Holly Dr ive ; and WHEREAS , the City has approved a final plat entitled PRESERVE AT LINO LAKES creating 31 single family residential parcel s and six (6) Outlots ; and WHEREAS , the planned unit development – final plan /final plat approval request is based on the fol lowing submittals: 1. Final Site Development Plans for The Preserve dated March 25, 2013 -Revision D , 2. Final Plat for Preserve at Lino Lakes received April 24, 2013 ; and WHEREAS , at their meeting on March 13, 2013 , the Planning & Zoning Board recommended app roval of the planned unit developm ent – final plan /final plat subject to certain conditio ns of approval ; and WHEREAS , the proposed planned unit development – final plan /final plat meets the requirements of the City’s zoning ordinance and subdivision ordin ance, subject to certain conditions of approval. NOW, THEREFORE, BE IT RESOLVED by T he City Council of The City of Lino Lakes that the planned unit d evelopment – final plan /final plat for Preserve at Lino Lakes is hereby approved subject to the following conditions: 1. The developer shall submit an executed development agreement and all documents, fees and securities required therein prior to release of the signed Final Plat. 2. The developer shall record the plat within 90 days after the date of approval, othe rwise the approval of the final plat shall be considered void, unless the developer requests and receives an extension from the City Counci l . 3. A revised Conservation Easement, Cove nants & Restrictions (CECR) shall be submitted to the City in recordable form at . 4. Homeowners Association documents shall be submitted to the City in recordable format including Bylaws and Articles of Incorporation. 5. A Grading Permit application shall be submitted and approved by City Staff prior to any grading or site work. 6. A quit cl aim deed for conveyance of Outlot A to the City in recordable format shall be submitted by the developer. 7. A Sign Permit including maintenance plan and easement agreement for any area (subdivision) identification signs shall be submitted and approved by the City prior to sign installation. 8. The “The Preserve Conservation Development; Restoration and Management Plan for Conservation Areas” shall be revised and approved by City staff. 9. The "Preserve of Lino Lakes" development has protection areas for Tubercled R ein - orchid, an endangered species, and Scirpus clintonii, a special concern bulrush. Scirpus clintonii is soon to be placed on the endangered list. These areas are to be set aside and protected from construction damage. a. Orange fencing with appropriate signage must be placed at the boundaries of these areas. b. Signage must state no equipment or disturbances of any kind allowed in the protection areas. c. Attention to these areas must be discussed at preconstruction meetings, and sufficient notice to appro priate city staff given of the commencement of grading operations. 10. A temporary cul de sac easement on Pheasant Run is required. 11. Construction details for boardwalks shall be submitted to the City for approval. 12. All additional comments from City Engineer Lett er dated May 1, 2013 shall be addressed. 13. A Pedestrian and Bicycle Trail Easement shall be drafted by the City, signed by the developer and recorded by the City. 14. A copy of the approved Rice Creek Watershed District permit shall be submitted to the City. NO W, THEREFORE, BE IT RESOLVED that The City Council of The City of Lino Lakes hereby approves the Maintenance Agreement for Stormwater Management between the Rice Creek Watershed District and City of Lino Lakes and authorizes the Mayor and City Clerk to exe cute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this ______________ day of _____, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly sec onded 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 DRAFT SHEET 1 OF 3 SHEETS PRESERVE AT LINO LAKES CITY OF LINO LAKES COUNTY OF ANOKA SEC. 28, T. 31, R. 22. MFRA, INC. ENGINEERING, PLANNING AND LAND SURVEYING KNOW ALL MEN BY THESE PRESENTS: That Schwieters Investments of Lino Lakes, LLC, a limited liability company, fee owners of the following described property situated in the County of Anoka, State of Minnesota, to wit: The Southwest Quarter of the Southeast Quarter of Section 28, Township 31 , Range 22, Anoka County, Minnesota, except GEMINI ESTATES and TRAPPERS CROSSING according to the recorded plats thereof, Anoka County, Minnesota; also except that part of said quarter-quarter described as follows: Commencing at the northwest corner of said quarter-quarter; thence South 89 degrees 29 minutes 30 seconds East along the north line thereof 360 feet to the point of beginning; thence continuing South 89 degrees 29 minutes 30 seconds East along said north line 388.48 feet; thence South 22 degrees 30 minutes West 345 feet; thence South 21 degrees 12 minutes East 166.94 feet; thence North 89 degrees 29 minutes 30 seconds West 320 feet; thence North 0 degrees 22 minutes 58 seconds East 475 feet to the point of beginning; and also except that part of said quarter-quarter described as follows: Beginning at the northeast corner of said quarter-quarter; thence South 0 degrees 33 minutes 07 seconds West along the east line ƚŚĞƌĞŽĨϭϳϬ͘ϬϰĨĞĞƚƚŽWŽŝŶƚ͖͟͞ƚŚĞŶĐĞEŽƌƚŚϴϵĚĞŐƌĞĞƐϮϵŵŝŶƵƚĞƐϯϬƐĞĐŽŶĚƐtĞƐƚϰϭϴ͘ϱϰĨĞĞƚ͖ƚŚĞŶĐĞ North 22 degrees 30 minutes East 183.38 feet to the north line of said quarter-quarter; thence South 89 degrees 29 minutes 30 seconds East along said north line 350 feet to the point of beginning; and also except ƚŚĂƚƉĂƌƚŽĨƐĂŝĚƋƵĂƌƚĞƌͲƋƵĂƌƚĞƌĚĞƐĐƌŝďĞĚĂƐĨŽůůŽǁƐ͗ĞŐŝŶŶŝŶŐĂƚƐĂŝĚWŽŝŶƚ͖͛͞ƚŚĞŶĐĞEŽƌƚŚϴϵĚĞŐƌĞĞƐϮϵ minutes 30 seconds West 272.96 feet; thence South 22 degrees 30 minutes West 223.24 feet; thence South 89 degrees 29 minutes 30 seconds East parallel with the north line of said quarter-quarter 356.42 feet, more or less, to the east line of said quarter-quarter; thence North 0 degrees 33 minutes 07 seconds East along said east line 207 feet, more or less, to the point of beginning. AND That part of the Northwest Quarter of the Northeast Quarter of Section 33, Township 31 , Range 22, Anoka County, Minnesota, lying northwest of the west right-of-way line of Holly Drive. Has caused the same to be surveyed and platted as PRESERVE AT LINO LAKES, and does hereby dedicate to the public for public use the public ways and the drainage and utility easements as created herewith, and does hereby donate to the City of Lino Lakes the park as shown on this plat. In witness whereof said Schwieters Investments of Lino Lakes, LLC, a limited liability company, has caused these presents to be signed by its proper officer this day of , 20 . SCHWIETERS INVESTMENTS OF LINO LAKES, LLC SIGNED: Joel Schwieters, Chief Manager STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by Joel Schwieters, as Chief Manager of Schwieters Investments of Lino Lakes, LLC, on behalf of the corporation. Notary Public, County, Minnesota Notary Printed Name My Commission Expires SURVEYOR'S CERTIFICATE I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20 . Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481 STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by Marcus F. Hampton, a Licensed Land Surveyor. Notary Public, County, Minnesota Notary Printed Name My Commission Expires CITY COUNCIL LINO LAKES, MINNESOTA This plat of PRESERVE AT LINO LAKES was approved and accepted by the City Council of the City of Lino Lakes, Minnesota at a regular meeting thereof held this day of , 20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd.2. City Council, Lino Lakes, Minnesota By: , Mayor By: , Clerk ANOKA COUNTY SURVEYOR I hereby certify that in accordance with the Minnesota Statutes 505.021, Subd. 11, this plat has been reviewed and approved this day of , 20 . By: Larry D. Hoium, Anoka County Surveyor MFRA, INC. ENGINEERING, PLANNING AND LAND SURVEYING CITY OF LINO LAKES COUNTY OF ANOKA SEC. 28, T. 31, R. 22. DRAFT SHEET 2 OF 3 SHEETS MFRA, INC. ENGINEERING, PLANNING AND LAND SURVEYING BEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING LOT LINES, AND 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING RIGHT-OF-WAY LINES, AS SHOWN ON THE PLAT. 10 5 5 10 DENOTES 1/2 INCH BY 14 INCH IRON MONUMENT SET AND MARKED BY LICENSE NO. 47481. DENOTES 1/2 INCH IRON MONUMENT FOUND. DENOTES EASEMENT DISTANCES PER RECORD DOCUMENTS DENOTES EASEMENT BEARING PER RECORD DOCUMENTS THE WEST LINE OF THE NW 1/4 OF THE NE 1/4 OF SEC. 33, T. 31, R. 22, IS ASSUMED TO HAVE A BEARING OF SOUTH 00 DEGREES 37 MINUTES 29 SECONDS EAST. DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: (NOT TO SCALE) PRESERVE AT LINO LAKES CITY OF LINO LAKES COUNTY OF ANOKA SEC. 28, T. 31, R. 22. 0 SCALE IN FEET 200 100 ;EyyΣyyΖyyΗͿ (XXX.XX) DRAFT SHEET 3 OF 3 SHEETS MFRA, INC. ENGINEERING, PLANNING AND LAND SURVEYING BEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING LOT LINES, AND 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING RIGHT-OF-WAY LINES, AS SHOWN ON THE PLAT. 10 5 5 10 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: (NOT TO SCALE) PRESERVE AT LINO LAKES CITY OF LINO LAKES COUNTY OF ANOKA SEC. 28, T. 31, R. 22. MFRA, INC. ENGINEERING, PLANNING AND LAND SURVEYING CITY OF LINO LAKES COUNTY OF ANOKA SEC. 28, T. 31, R. 22. INSET 0 SCALE IN FEET 60 120 DENOTES 1/2 INCH BY 14 INCH IRON MONUMENT SET AND MARKED BY LICENSE NO. 47481. DENOTES 1/2 INCH IRON MONUMENT FOUND. DENOTES EASEMENT DISTANCES PER RECORD DOCUMENTS DENOTES EASEMENT BEARING PER RECORD DOCUMENTS THE WEST LINE OF THE NW 1/4 OF THE NE 1/4 OF SEC. 33, T. 31, R. 22, IS ASSUMED TO HAVE A BEARING OF SOUTH 00 DEGREES 37 MINUTES 29 SECONDS EAST. ;EyyΣyyΖyyΗͿ (XXX.XX) CITY OF LINO LAKES RESOLUTION NO. 13 -58 RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR PRESERVE AT LINO LAKES WHEREAS, the City Council approved the PUD Final Plan /Final Plat for Preserve at Lino Lakes on May 13 , 2013 , and WHEREAS, the City’s subdivis ion ordinance and conditions of approval require the execut ion of a development agreement, between the Developer and the City of Lino Lakes. NOW, THEREFORE BE IT RESOLVED that The City Council of The City of Lino Lakes hereby approves the Development Cont ract between Schwieters Investments of Lino Lakes, LLC and the City of Lino Lakes for Preserve at Lino Lakes and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this _____ day o f ________________, 2013. The motion for the adoption of the foregoing resolution 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 6C STAFF ORIG INATOR: Katie Larsen, City Planner MEETING DATE: May 13, 2013 TOPIC: i. Consider Resolution No. 13 -59 Approving the Preliminary and Final Plat for Main Street Shoppes i i. Consider Resolution No . 13 -6 0 , A pproving Development Agreement for Main Street Shop p es (TO FOLLOW FRIDAY) VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council c onsideration of the Preliminary Plat, Final Plat and Development Contract for Main Street Shoppes. Complete Application Date: March 22, 2013 P & Z Board Meeting: April 10, 2013 City Council Meeting: May 13, 2013 120 -Day Review Date: June 20, 2013 BACKGROUND The applicant has submitted a Preliminary & Final Plat for review. The plat is a commercial subdiv ision consisting of Lot 1, Block 1 and Outlot A, Main Street Shoppes. The subject site is located in the northeast quadrant of the I -35E and Main Street corridor and consists of 18.56 gross acres. A site plan from McDonald’s USA, LLC has been submitted with the subdivision proposal and will be reviewed by staff as a separate application. The preliminary and final pl at for Main Street Shoppes meet s the requirements of the City Subdivision and Zoning Ordinance and is not considered premature. The Plannin g & Zoning Board held a public hearing on April 10, 2013 and made recommendation to the City Council to approve the preliminary and final plat. The extension of Otter Lake Road as it relates to this plat has been designed, bid and awarded by the City with construction to commence within the next few weeks. Costs associated with the street and utility construction will be assessed to benefitting property owners. The extension is approximately 360 feet in length and serves Phase 1 of the development. Lot 1 , Block 1 shall be accessed by an internal private drive and served with public utilities. Full access at this private drive will serve the Phase 1 development until such time as Otter Lake Road is extended further north. Full access to the entire site w ill then occur approximately 600 feet north of Main Street and the internal private drive will become right in/right out only. Accordingly, the applicant will be required to file a declaration acknowledging the future limited access. The City Engineer ha s prepared the Development Agreement which provides for the submittal of fees and securities to cover City review costs and ensure completion of the public and private improvements in accordance with the approved plans. The City Attorney has reviewed the Title Commitment. RECOMMENDATION Staff is recommending approval of the following items with conditions : 1. Resolution No. 13 -59 Approving the Preliminary and Final Plat for Main Street Shoppes 2. Resolution No. 13 -60 A pproving Development Agreement for Main Street Shop p es ATTACHMENTS 1. Resolution No. 13 -59 2. Preliminary and F inal Plat -Main Street Shoppes 3. Resolution No. 13 -60 4. Development Agreement (to follow on Friday) CITY OF LINO LAKES RESOLUTION NO. 13-59 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT FOR MAIN STREET SHOPPES WHEREAS , the City has received an application for preliminary and final plat approval for Main Street Shoppes; and WHEREAS, City staff has completed a review of the proposed plat based on the following plans and information:  Main Street Shoppes Plan Set dated April 24, 2013;  Main Street Shoppes Final Plat received by the City on April 24, 2013; and WHEREAS, a public hearing was held before the Planning & Zoning Board on April 10, 2013 and the Board recommended approval of the preliminary and final plat application; and WHEREAS, the proposed preliminary and final plat meets the requirements of the City’s Zoning and Subdivision Ordinances; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes hereby approves the preliminary and final plat of Main Street Shoppes, subject to the following conditions: 1. The developer shall submit an executed development agreement and all documents, fees and securities required therein prior to release of the signed Final Plat. 2. The developer shall record the plat within 90 days after the date of approval, otherwise the approval of the final plat shall be considered void, unless the developer requests and receives an extension from the City Council. 3. A Grading Permit application shall be submitted and approved by City Staff prior to any grading or site work. 4. All com ments from City Engineer Letter dated May 1, 2013 shall be addressed. 5. A copy of the approved Rice Creek Watershed District permit shall be submitted to the City. 6. On all plans sheets, preliminary and final plat, the drainage & utility easement shall include 10 foot wetland buffer. 7. A thirty-two (32) foot wide drainage & utility easemen t shall be shown on final plat over the public utilities installed in the private drive. 8. Otter Lake Drive shall be revised to Otter Lake Road on the final plat. 9. Final plat approval requirements: a. A Development Contract shall be drafted by the City and signed by the owner. b. A Declaration of Access Control for future right in/right out access shall be drafted by the City and signed by the owner. c. A Declaration for Maintenance of Stormwater Facilities shall be drafted by the City and signed by the owner and Rice Creek Watershed District. d. A Reciprocal Access Easement and Maintenance Agreement shall be drafted by the City and signed by the owner. Adopted by the Council of the City of Lino Lakes this ______________ day of _____, 2013. 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. 13 -60 RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR MAIN STREET SHOPPES WHEREAS, the City Council approved the Final Plat for Main Street Shoppes on May 13 , 2013 , and WHEREAS, the City’s subdivision ordinance and con ditions of approval require the execut ion of a development agreement between the Developer and the City of Lino Lakes. NOW, THEREFORE BE IT RESOLVED that The City Council of The City of Lino Lakes hereby approves the Development Contract between CM Proper ties 14, LLC and the City of Lino Lakes, for Main Street Shoppes and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this _____ day of ________________, 2013. The motion for th e adoption of the foregoing resolution was duly seconded by Council Member _________________and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ___________________________ Jef f Reinert, Mayor ATTEST: ____________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 6 D STAFF ORIGINATOR : Jason C. Wedel, City Engineer MEETING DATE : May 13 , 20 12 TOPIC : Consider Resolution No. 13 -61 Ap proving Change Order No. 1, Otter Lake Road Street and Utility Improvements VOTE REQUIRED : 3/5 Vote Requ ired BACKGROUND At the March 11, 2013 meeting, City C ouncil awarded the Otter Lake Road Street and Utility Improvements to Arnt Construction Company , Inc. Constr uction is anticipated to start this week. After the Council awarded the contract for this project , City Staff discussed the proposed gate valves that were to be installed on the 16 -inch trunk watermain. The original plans and specifications included using butterfly style valves and boxes. These valves are common because they are the least ex pensive. However, when it becomes necessary for the utility department to work on the watermain, the butterfly valves can be difficult to close completely. The alternative to the butterfly valve is a traditional gate valve and box. All of the City’s s maller valves throughout the City are gate valves and they are more effective at closing completely. Based on past experience, City staff would therefore like to include a change order to revise the valves specified for the Otter Lake Road Street and Util ity Improvements. This project has two 16 -inch valves. The cost per butterfly valve bid was $3,050 per valve. The cost to go to a gate valve is an additional $5,390 per valve for a total cost of $8,440. The total change order for modifying the two valv es is therefore $10,780. Financing for this project as originally proposed is still sufficient with the proposed change order. A breakdown of the construction cost is as follows: Original Contract Amount $326,366.20 Change Order No. 1 $ 10,780.00 Total Construction Cost $337,146.20 Original Engineer’s Estimate $411,057.00 RECOMMENDATION Approve Resolution 13 -61 , Ap proving Change Order No. 1, Otter Lake Road Improvements . ATTACHMENTS 1. Resolution No. 13 -61 CITY OF LINO LAKES RESOLUTION NO. 13 -61 APPROVING CHANGE ORDER NO. 1, OTTER LAKE ROAD STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to the resolut ion of the Council adopted March 11, 2013 , the City aw arded the contract for the Otter Lake Road Street and Utility Improvements to Arnt Construction ; and WHEREAS, it has been determined necessary to chang e the type of valve to be installed on the City ’s proposed 16 inch watermain; NOW, THEREFORE, B E IT RESOLVED by the City Council of Lino Lakes, Minnesota that Change Ord er No. 1 in the amount of $10,780 is approved for a revised contract amount of $337,146.20 . Adopted by the Lino Lakes City Council this 13 th day of May, 2013. The motion for the adoption of the foregoin g 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: Julie Bartell, City Clerk CITY COUNCIL AGENDA ITEM 6E STAFF ORIG INATOR: Michael Grochala MEETING DATE: May 13, 2013 i. Consider Resolution No. 13 -50, Approving a Release of Obligations from Contract for Subdivision/Planned Unit Development between City of Lino Lakes and Ha rtford Development, Inc., Michael Grochala ii. Consider Resolution No. 13 -51, Approving a Release of Obligations from Petition and Waiver Agreement between the City of Lino Lakes and Legacy Holdings -LL, LLC, Michael Grochala VOTE REQUIRED: 3/5 INTRODUCTIO N Staff is requesting City Council consideration to approve the release of obligations from certain land development contracts encumbering the title of property for the Lino Lakes Assisted Living land purchase BACKGROUND As a requirement for approvals f or the Legacy at Woods Edge development the City entered into certain development contracts with Hartford Development Inc. and it’s holding company Legacy Holdings -LL, LLC. The first agreement was a subdivision/planned unit development agreement that is e xecuted with all new subdivision approvals. The second agreement was a petition and waiver agreement requesting the construction of public improvements and agreeing to the special assessment of those costs against the development property. Both of these documents were recorded against all the properties within the Legacy at Woods Edge Development. The City is currently working with Lino Lakes Assisted Living, LLC to complete the land purchase of Outlot A, The Village No. 4. The LLC has entered into a Pu rchase and Redevelopment Agreement with the City for purchase of the property to expand the existing assisted living facility. Additionally, the purchase price includes the payment of special assessments previously levied against the property. According ly, the LLC has requested a release of obligations from both of the documents described above. RECOMMENDATION Staff is recommending approval of Resolutions No. 13 -50 & 13 -51. ATTACHMENTS 1. Resolution No. 13 -50 2. Resolution No. 13 -51 CITY OF LINO LAKES R ESOLUTION NO. 13 -50 APPROVING A RELEASE OF OBLIGATIONS FROM CONTRACT FOR SUBDIVISION/PLANNED UNIT DEVELOPMENT BET WEEN CITY OF LINO LAKES AND HARTFORD D EVELOPMENT, INC WHEREAS, the City and Hartford Development, Inc., a Minnesota corporation (“Master Deve loper”), are parties to a Contract for Subdivision/Planned Unit Development relating to the Legacy at Woods Edge master development between the City and Master Developer dated effective December 21, 2004, and recorded December 29, 2004, as Document No. 197 1748.007 in the office of the Anoka County Recorder, Anoka County, Minnesota (the “Contract”); and WHEREAS, the real property legally described as Outlot A, The Village No. 4, Anoka County, Minnesota (the “Property”), which was tax -forfeited, is subject t o the Contract; and WHEREAS, the LLC has entered into a Purchase and Redevelopment Agreement dated March 19, 2013 (the “Purchase Agreement”), with the Lino Lakes Economic Development Authority (the “EDA”) to purchase and redevelop the Property as an expan sion to the existing assisted living facility located on the property adjacent to the Property; and WHEREAS, in connection with the acquisition of the Property, the LLC has requested that the Property and the LLC be released from the terms and conditions of the Contract; and WHEREAS, it is in the best interest of the City to promote development by LLC and to release the LLC and the Property from the terms and conditions of the Contract; NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lin o Lakes that the “Release of Obligations under the Contract for Subdivision/Planned Unit Development ”, attached hereto as Exhibit A, is hereby approved; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the release on b ehalf of the City. Adopted by the Council of the City of Lino Lakes this 13 th day of May, 2013. 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 Bar tell, City Clerk EXHIBIT A RELEASE OF OBLIGATONS UNDER CONTRACT FOR SUBDIVISION/PLANNED UNIT DEVELOPMENT This Release (the “Release”) is entered into effective as of May ___, 2013 (the “Effective Date”), by and between the City of Lino Lakes , a municip al corporation under the laws of the State of Minnesota (the “City”) and Lino Lakes Assisted Living, LLC , a Minnesota limited liability company (the “LLC”). RECITALS A. The City and Hartford Development, Inc., a Minnesota corporation (“Master Developer”), a re parties to a Contract for Subdivision/Planned Unit Development relating to the Legacy at Woods Edge master development between the City and Master Developer dated effective December 21, 2004, and recorded December 29, 2004, as Document No. 1971748.007 i n the office of the Anoka County Recorder, Anoka County, Minnesota (the “Contract”). B. The real property legally described as Outlot A, The Village No. 4, Anoka County, Minnesota (the “Property”), which was tax -forfeited, is subject to the Contract. C. The LL C has entered into a Purchase and Redevelopment Agreement dated March 19, 2013 (the “Purchase Agreement”), with the Lino Lakes Economic Development Authority (the “EDA”) to purchase and redevelop the Property as an expansion to the existing assisted living facility located on the property adjacent to the Property. D. In connection with the acquisition of the Property, the LLC has requested that the Property and the LLC be released from the terms and conditions of the Contract. E. It is in the best interest of t he City to promote development by LLC and to release the LLC and the Property from the terms and conditions of the Contract. AGREEMENT For good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the undersigned agre e as follows: 1. The Property is released from the Contract and the Contract no longer encumbers the Property. 2. The LLC has no liability or obligations under the Contract. 3. This Amendment may be executed in counterparts, each of which, when so executed and del ivered, shall be an original, but such counterparts together shall constitute one and the same instrument. CITY OF LINO LAKES By Its Mayor By Its City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF _________________ ) On this _______ day of May ____, 2013, before me, a Notary Public for this County, personally appeared ________________________, to me personally known, who, being by me duly sworn did say that s/he is the Mayor of the City of Lino Lakes, a Minnesota municipal corpo ration, named in the foregoing instrument, and that said instrument was signed on behalf of said corporation by authority of its City Council and acknowledged said instrument to be the free act and deed of said corporation. __________________________________ Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF _________________ ) On this _______ day of May ____, 2013, before me, a Notary Public for this County, personally appeared ________________________, to me personally known, w ho, being by me duly sworn did say that s/he is the City Clerk of the City of Lino Lakes, a Minnesota municipal corporation, named in the foregoing instrument, and that said instrument was signed on behalf of said corporation by authority of its City Counc il and acknowledged said instrument to be the free act and deed of said corporation. __________________________________ Notary Public LINO LAKES ASSISTED LIVING, LLC By Its Chief Manager STATE OF MINNESOTA ) ) SS CO UNTY OF _________________ ) On this _______ day of May ___, 2013, before me, a Notary Public for this County, personally appeared Stephen Upgren, to me personally known, who, being by me duly sworn did say that he is the Chief Manager of Lino Lakes Assis ted Living, LLC, and that said instrument was signed on behalf of said limited liability company by authority of its Members and acknowledged said instrument to be the free act and deed of said limited liability company. ____________________________________ Notary Public THIS INSTRUMENT DRAF TED BY: Rinke Noonan (HAM) 1015 W. St. Germain St., Suite 300 P.O. Box 1497 St. Cloud, MN 56302 -1497 (320) 251 -6700 File No. 22701.003 CITY OF LINO LAKES RESOLUTION NO. 13 -51 CONSIDER RESOLUTION NO. 13 -51, APPROVING A RELE ASE OF OBLIGATIONS FROM PET ITION AND WAIVER AGR EEMENT BETWEEN THE CITY OF LINO LAKES A ND LEGACY HOLDINGS -LL, LLC WHEREAS, The City and Legacy Holdings LL, LLC, a Minnesota limited liability company (“Legacy Holdings”) are parties to a Petition and Waiver Agreement dated effective December 20, 2004, and recorded January 19, 2007, as Document No. 1990513.011, in the office of the Anoka County Recorder, Anoka County, Minnesota (the “Petition”); and WHEREAS, the real property legally descr ibed as Outlot A, The Village No. 4, Anoka County, Minnesota (the “Property”), which was tax -forfeited, is subject to the Petition; and WHEREAS, the LLC has entered into a Purchase and Redevelopment Agreement dated March 19, 2013 (the “Purchase Agreement”), with the Lino Lakes Economic Development Authority (the “EDA”) to purchase and redevelop the Property as an expansion to the existing assisted living facility located on the property adjacent to the Property; and WHEREAS, in connection with the acquisi tion of the Property, the LLC has requested that the Property and the LLC be released from the terms and conditions of the Petition; and WHEREAS, it is in the best interest of the City to promote development by LLC and to release the LLC and the Property from the terms and conditions of the Petition; NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes that the “Release of Obligations under the Petition and Waiver Agreement”, attached hereto as Exhibit A, is hereby approved; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the release on behalf of the City. Adopted by the Council of the City of Lino Lakes this 13 th day of May, 2013. The motion for the adoption of the foregoing resolution was i ntroduced 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 Rei nert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk EXHIBIT A RELEASE OF OBLIGATONS UNDER PETITION AND WAIVER AGREEMENT This Release (the “Release”) is entered into effective as of May ___, 20 13 (the “Effective Date”), by and between the City of Lino Lakes , a municipal corporation under the laws of the State of Minnesota (the “City”) and Lino Lakes Assisted Living, LLC , a Minnesota limited liability company (the “LLC”). RECITALS A. The City and Legacy Holdings LL, LLC, a Minnesota limited liability company (“Legacy Holdings”) are parties to a Petition and Waiver Agreement dated effective December 20, 2004, and recorded January 19, 2007, as Document No. 1990513.011, in the office of the Anoka Coun ty Recorder, Anoka County, Minnesota (the “Petition”). B. The real property legally described as Outlot A, The Village No. 4, Anoka County, Minnesota (the “Property”), which was tax -forfeited, is subject to the Petition. C. The LLC has entered into a Purchase and Redevelopment Agreement dated March 19, 2013 (the “Purchase Agreement”), with the Lino Lakes Economic Development Authority (the “EDA”) to purchase and redevelop the Property as an expansion to the existing assisted living facility located on property adjacent to the Property. D. In connection with the acquisition of the Property, the LLC has requested that the Property and the LLC be released from the terms and conditions of the Petition. E. It is in the best interest of the City to promote development by LLC and to release the LLC and the Property from the terms and conditions of the Petition. AGREEMENT For good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the undersigned agree as follows: 1. The Property is re leased from the Petition and the Petition no longer encumbers the Property. 2. The LLC has no liability or obligations under the Petition. 3. This Amendment may be executed in counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts together shall constitute one and the same instrument. CITY OF LINO LAKES By Its Mayor By Its City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF _________________ ) On this _______ day of May ___, 2013, befo re me, a Notary Public for this County, personally appeared ________________________, to me personally known, who, being by me duly sworn did say that s/he is the Mayor of the City of Lino Lakes, a Minnesota municipal corporation, named in the foregoing in strument, and that said instrument was signed on behalf of said corporation by authority of its City Council and acknowledged said instrument to be the free act and deed of said corporation. __________________________________ Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF _________________ ) On this _______ day of May ___, 2013, before me, a Notary Public for this County, personally appeared ________________________, to me personally known, who, being by me duly sworn did say that s/he is the City Clerk of the City of Lino Lakes, a Minnesota municipal corporation, named in the foregoing instrument, and that said instrument was signed on behalf of said corporation by authority of its City Council and acknowledged said instrumen t to be the free act and deed of said corporation. __________________________________ Notary Public LINO LAKES ASSISTED LIVING, LLC By________________________________ Stephen Upgren, Chief Manager STATE OF MINNESOTA ) ) SS COUNTY OF _________________ ) On this _______ day of May ___, 2013, before me, a Notary Public for this County, personally appeared Stephen Upgren, to me personally known, who, being by me duly sworn did say that he is the Chief Manager of Lino Lakes As sisted Living, LLC, and that said instrument was signed on behalf of said limited liability company by authority of its Members and acknowledged said instrument to be the free act and deed of said limited liability company. ____________________________________ Notary Public THIS INSTRUMENT DRAF TED BY: Rinke Noonan (HAM) 1015 W. St. Germain St., Suite 300 P.O. Box 1497 St. Cloud, MN 56302 -1497 (320) 251 -6700 File No. 22701.003 CITY COUNCIL AGENDA ITEM 6F STAFF ORIG INATOR: Michael Grochala MEETING DATE: May 13, 2013 TOPIC: Consider Resolution No. 13 -64 , Authorizing Distribution of Local Surface Water Management Plan, Michael Grochala VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council authorization to distribute the draft Local Surface Water Management Plan for review in accordance with Minnesota Statutes. BACKGROUND The City of Lino Lakes is required to prepare a Surface Water Management Plan that m ust, at a minimum, meet the requirements for local plans in the Minnesota Statutes, Section 103B.235 and be in conformance with Watershed District, Management Organization, and Metropolitan Council plans. The City’s “first generation” plan was adopted in 1994. Since this time both the Rice Creek Watershed District (RCWD) and the Vadnais Lake Area Water Management Organization (VLAWMO) have updated their watershed management plans. As such the City is required to updated its existing plan. The update is also a requirement as part of the Metropolitan Council’s review of the City’s Comprehensive Plan. The City Council authorized preparation of the Surface Water Management Plan. City staff has substantially completed the report and it requesting authorizat ion to distribute the plan for review. The Surface Water Management distribution will be sent to RCWD, VLAWMO, Metropolitan Council, and Anoka County. RECOMMENDATION Staff is recommending approval of Resolution No. 13 -64 ATTACHMENTS 1. Resolution No. 13 -64 CITY OF LINO LAKES RESOLUTION NO. 13 -64 RESOLUTION AUTHORIZING DISTRIBUTION OF LOCAL SURFACE WATER MANAGEMENT FOR REVIEW WHEREAS , Emmons & Olivier Resources, Inc., has prepared the City ’s Loc al Surface Water Management Plan in accordance with Minnesota Statutes, Section 103B.235 ; NOW, THEREFORE BE IT RESOLVED by The City Council of T he City of Lino Lakes t hat city staff is hereby aut horized to distribute such plan to all required agencies for review and comment. Adopted by the Council of the City of Lino Lakes this 13 th day of May , 2013 . The motion for the ado ption 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