Loading...
HomeMy WebLinkAbout09-10-2018 Council Meeting Packet EXPANDED AGENDA CITY COUNCIL AGENDA Monday, September 10, 2018 *********** 6:30 p.m. (Broadcast live: http://northmetrotv.com/local- meetings/lino-lakes/) City Council: Mayor Reinert, Councilmembers Maher, Manthey, Rafferty and Stoesz City Administrator: Jeff Karlson CITY COUNCIL MEETING, 6:30 P.M.  Roll Call - Council Members Rafferty, Stoesz, Manthey, Maher, and Mayor Reinert were present  Pledge of Allegiance  Open Mike / Public Comment - none  Setting the Agenda: Addition or deletion of agenda items The agenda was approved as presented 1. CONSENT AGENDA A) Consideration of Expenditures: i) September 10, 2018 (Check No. 108819 through 108887) in the amount of $545,993.63 B) Consider Approval of August 27, 2018 Work Session Minutes C) Consider Approval of August 27, 2018 Council Meeting Minutes D) Consider Approval of August 22, 2018 Special Session Minutes E) Consider Approval of August 27, 2018 Special Session Minutes F) Consider Approving Exempt Gambling Permits for Turkey Bingo and a Scholarship Raffle at St. Joseph’s Catholic Church Action Taken: Motion by Maher, seconded by Manthey, to approve Consent Agenda Items 1A through 1f as presented was adopted 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Approval of Labor Agreement between City of Lino Lakes and Local No. 49, Jeff Karlson Action Taken: Motion by Maher, seconded by Manthey, to approve the labor agreement as presented, was adopted 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider Amendments to City Code regarding Therapeutic Massage and Disorderly Houses, John Swenson Council Agenda -2- September 10, 2018 i. 1st Reading of Ordinance No. 13-18, Amending Chapter 616 of the Lino Lakes Code of Ordinances to update regulations regarding therapeutic massage; and Action Taken: Motion by Maher, seconded by Manthey, to approve the 1st Reading of Ordinance No. 13-18 as presented, was adopted ii. 1st Reading of Ordinance No. 14-18, Adding a new Chapter 510, relating to Disorderly Houses Action Taken: Motion by Maher, seconded by Manthey, to approve the 1st Reading of Ordinance No. 14-18 as presented, was adopted 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Lino Lakes Storage (440 Park Court), Katie Larsen i) Consider Resolution No. 18-103 Approving Conditional Use Permit for Mini Self-Storage Facilities Action Taken: Motion by Maher, seconded by Manthey, to approve Resolution No. 18-103 as presented, was adopted ii) Consider Resolution No. 18-104 Approving Site Improvement Performance Agreement Action Taken: Motion by Maher, seconded by Manthey, to approve Resolution No. 18-104 as presented, was adopted B) Public Hearing: Consider 1st Reading of Ordinance No. 11-18, Vacating Drainage Utility Easement at 440 Park Court, Diane Hankee Action Taken: Motion by Maher, seconded by Manthey, to approve the 1st Reading of Ordinance No. 11-18 as presented, was adopted C) Eastside Villas, Katie Larsen i) Consider First Reading of Ordinance No. 12-18 Rezoning Property from R, Rural to PUD, Planned Unit Development Action Taken: Motion by Maher, seconded by Manthey, to approve the 1st Reading of Ordinance No. 12-18 as presented, was adopted ii) Consider Resolution No. 18-109 Approving PUD Development Stage Plan/Preliminary Plat\ Action Taken: Motion by Maher, seconded by Manthey, to approve Resolution No. 18-109 as presented, was adopted D) LaMotte Area Street and Utility Improvements i) Consider Resolution No. 18-112, Accepting bids, Awarding a Construction Contract 2018, LaMotte Area Street and Utility Improvement Project, and Diane Hankee Action Taken: Motion by Maher, seconded by Manthey, to approve Resolution No. 18-112 as presented, was adopted Council Agenda -3- September 10, 2018 ii) Consider Resolution No. 18-114, Approving Construction Services Contract with WSB & Associates, 2018 LaMotte Area Street and Utility Improvement Project, Diane Hankee Action Taken: Motion by Maher, seconded by Manthey, to approve Resolution No. 18-114 as presented, was adopted iii) Consider Resolution No. 18-91, Declaring Intent to Reimburse from Bond Proceeds, Michael Grochala Action Taken: Motion by Maher, seconded by Manthey, to approve Resolution No. 18-91 as presented, was adopted E) Consider Resolution No. 18-111, Approving ADA Transition Plan, Diane Hankee Action Taken: Motion by Maher, seconded by Manthey, to approve Resolution No. 18-111 as presented, was adopted F) Consider Resolution No. 18-97, Accepting bids, Awarding a Construction Contract, 2018 Trail Maintenance Project, Diane Hankee Action Taken: Motion by Maher, seconded by Manthey, to approve Resolution No. 18-97 as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Upon adjournment of the regular meeting, the council will reconvene for a special work session to discuss the 2019 budget (in the council chambers) Community Calendar – A Look Ahead September 10, 2018 through September 24, 2018 Monday, September 10 6:30 pm, Community Room Park Board Wednesday, September 12 6:30 pm, Council Chambers Planning & Zoning Thursday, September 20 6:00 pm, Community Room Land Use Workshop Monday, September 24 6:00 pm, Community Room Council Work Session Monday, September 24 6:30 pm, Council Chambers City Council Meeting Updated 9/7/2018 CITY COUNCIL AGENDA Monday, September 10, 2018 *********** 6:30 p.m. (Broadcast live: http://northmetrotv.com/local- meetings/lino-lakes/) City Council: Mayor Reinert, Councilmembers Maher, Manthey, Rafferty and Stoesz City Administrator: Jeff Karlson CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call  Pledge of Allegiance  Open Mike / Public Comment  Setting the Agenda: Addition or deletion of agenda items 1. CONSENT AGENDA A) Consideration of Expenditures: i) September 10, 2018 (Check No. 108819 through 108887) in the amount of $545,993.63 B) Consider Approval of August 27, 2018 Work Session Minutes C) Consider Approval of August 27, 2018 Council Meeting Minutes D) Consider Approval of August 22, 2018 Special Session Minutes E) Consider Approval of August 27, 2018 Special Session Minutes F) Consider Approving Exempt Gambling Permits for Turkey Bingo and a Scholarship Raffle at St. Joseph’s Catholic Church 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Approval of Labor Agreement between City of Lino Lakes and Local No. 49, Jeff Karlson 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider Amendments to City Code regarding Therapeutic Massage and Disorderly Houses, John Swenson i. 1st Reading of Ordinance No. 13-18, Amending Chapter 616 of the Lino Lakes Code of Ordinances to update regulations regarding therapeutic massage; and ii. 1st Reading of Ordinance No. 14-18, Adding a new Chapter 510, relating to Disorderly Houses Council Agenda -2- September 10, 2018 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Lino Lakes Storage (440 Park Court), Katie Larsen i) Consider Resolution No. 18-103 Approving Conditional Use Permit for Mini Self-Storage Facilities ii) Consider Resolution No. 18-104 Approving Site Improvement Performance Agreement B) Public Hearing: Consider Ordinance No. 11-18, Vacating Drainage Utility Easement at 440 Park Court, Diane Hankee C) Eastside Villas, Katie Larsen i) Consider First Reading of Ordinance No. 12-18 Rezoning Property from R, Rural to PUD, Planned Unit Development ii) Consider Resolution No. 18-109 Approving PUD Development Stage Plan/Preliminary Plat D) LaMotte Area Street and Utility Improvements i) Consider Resolution No. 18-112, Accepting bids, Awarding a Construction Contract 2018, LaMotte Area Street and Utility Improvement Project, and Diane Hankee ii) Consider Resolution No. 18-114, Approving Construction Services Contract with WSB & Associates, 2018 LaMotte Area Street and Utility Improvement Project, Diane Hankee iii) Consider Resolution No. 18-91, Declaring Intent to Reimburse from Bond Proceeds, Michael Grochala E) Consider Resolution No. 18-111, Approving ADA Transition Plan, Diane Hankee F) Consider Resolution No. 18-97, Accepting bids, Awarding a Construction Contract, 2018 Trail Maintenance Project, Diane Hankee 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Upon adjournment of the regular meeting, the council will reconvene for a special work session to discuss the 2019 budget (in the council chambers) Council Agenda -3- September 10, 2018 Community Calendar – A Look Ahead September 10, 2018 through September 24, 2018 Monday, September 10 6:30 pm, Community Room Park Board Wednesday, September 12 6:30 pm, Council Chambers Planning & Zoning Thursday, September 20 6:00 pm, Community Room Land Use Workshop Monday, September 24 6:00 pm, Community Room Council Work Session Monday, September 24 6:30 pm, Council Chambers City Council Meeting CITY COUNCIL WORK SESSION August 27, 2018 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : August 27, 2018 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 6:33 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Maher (arr. 6:30), 7 Manthey, Stoesz and Mayor Reinert 8 MEMBERS ABSENT : None 9 10 Staff members present: City Administrator Jeff Karlson; Public Safety Director John 11 Swenson; Community Development Director Michael Grochala; Finance Director Sarah 12 Cotton; City Engineer Diane Hankee; City Clerk Julie Bartell. 13 14 Review Regular Council Agenda of August 27, 2018 – 15 16 Council Member Rafferty suggested that the council should highlight the donations 17 received for Blue Heron Days. 18 19 Council Member Stoesz asked for further explanation on the expenditure payment to 20 AFSCME Local 9. Administrator Karlson explained the impact of the recent decision 21 of the Supreme Court relative to fair share deductions. Mayor Reinert and Administrator 22 Karlson discussed providing information to city employees about their options. Mayor 23 Reinert recommended that employees be informed about the court decision; as an 24 employer, it is the right thing to do. Administrator Karlson will look into the matter of 25 communicating that information to employees. Council Member Stoesz recommended 26 that the employees receive information annually on new things that impact them. 27 28 6A) Final Payment for 2018 Street Maintenance Project – City Engineer Hankee 29 explained the use of Reclamite for this project, an alternative to oil and rock. Council 30 Members asked about the use of lime rock and any alternatives (the lime rock is a cover 31 and one that staff investigated prior to utilization – the roadway returns to normal look 32 very quickly). 33 34 6B) Site Performance Agreement for Love to Grow On Project- City Engineer 35 Hankee explained staff’s review and recommendation to proceed. 36 37 6C) 2018 West Shadow Lake Drive Area Street Reconstruction – City Engineer 38 Hankee explained the bid process, results and funding plans. She added that the cost of 39 looping the pipe system has been determined and that would exceed the assessment 40 amount currently allowed. Further council consideration (i.e. provision of city funding) 41 would be appropriate. Staff is proposing with this action to declare a public hearing that 42 would be held on September 24, 2018. The council will have the opportunity to discuss 43 this in detail at the September work session. 44 45 46 CITY COUNCIL WORK SESSION August 27, 2018 DRAFT 2 The meeting was adjourned at 6:33 p.m. 47 48 These minutes were considered, corrected and approved at the regular Council meeting held on 49 September 10, 2018. 50 51 52 53 54 Julianne Bartell, City Clerk Jeff Reinert, Mayor 55 56 COUNCIL MINUTES August 27 2018 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 4 DATE : August 27, 2018 5 TIME STARTED : 6:35 p.m. 6 TIME ENDED : 6:55 p.m. 7 MEMBERS PRESENT : Council Member Rafferty, Maher, 8 Manthey, Stoesz and Mayor Reinert 9 MEMBERS ABSENT : 10 11 Staff members present: City Administrator Jeff Karlson; City Engineer Diane Hankee; Finance 12 Director Sarah Cotton, Community Development Director Michael Grochala; Director of Public 13 Safety John Swenson; and City Clerk Julie Bartell 14 15 PUBLIC COMMENT 16 17 No one was present to address the council regarding a matter not on the agenda. 18 19 SETTING THE AGENDA 20 21 The agenda was approved as presented. 22 23 CONSENT AGENDA 24 25 Council Member Stoesz moved to approve the Consent Agenda, Items 1A through 1F, except item 26 1C, as presented. Council Member Manthey seconded the motion. Motion carried on a voice vote. 27 28 Council Member Rafferty moved to approve Consent Agenda Item 1C as presented. Council 29 Member Manthey seconded the motion. Motion carried on a voice vote; Council Member Maher 30 abstained from voting. 31 32 ITEM ACTION 33 34 Consideration of Expenditures: 35 36 August 27, 2018 (Check No. 108728 – 37 108818, $460,925.89) Approved 38 39 August 6, 2018 Council Work Session Minutes Approved 40 41 August 13, 2018 City Council Meeting Minutes Approved 42 43 August 2, 2018 Special Work Session Minutes Approved 44 45 COUNCIL MINUTES August 27 2018 DRAFT 2 Consider Resolution 18-107, Special Event Permit 46 For Waldoch Pumpkin Patch & Corn Maze Approved 47 48 **Mayor Reinert noted that the approval includes a stipulation that Elbe Street will not be 49 used as part of allowing this event. 50 51 Consider Resolution 18-108, Accept donations for 52 Family Corn Roast Approved 53 54 Mayor Reinert read the list of donators and offered special thanks for the contributions. 55 56 FINANCE DEPARTMENT REPORT 57 58 There was no report from the Finance Department. 59 60 ADMINISTRATION DEPARTMENT REPORT 61 3A) Consider Temporary Increase of Office Specialist Hours – Administrator Karlson 62 reviewed his written report. He is recommending that, due to an impending maternity leave in the 63 Public Services Division, a part time employee is being asked to work full time. This action would 64 have no net increase in budget since the leave employee will have minimal paid leave. 65 Council Member Rafferty moved to approve the increase in hours as recommended. Council 66 Member Maher seconded the motion. Motion carried on a voice vote. 67 68 PUBLIC SAFETY DEPARTMENT REPORT 69 70 There was no report from the Public Safety Department. 71 72 PUBLIC SERVICES DEPARTMENT REPORT 73 74 There was no report from the Public Services Department. 75 76 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 77 78 6A) Consider Resolution No. 18-102, Approving Payment and Final, 2018 Street 79 Maintenance (Reclamite) Project - City Engineer Hankee reviewed her written staff report 80 recommending approval of a final payment for this year’s Reclamite Street Maintenance Project. 81 Council Member Stoesz received information on the square footage cost for the maintenance. 82 83 Council Member Maher moved to approve Resolution No. 18-102 as presented. Council Member 84 Manthey seconded the motion. Motion carried on a voice vote. 85 86 6B) Consider Resolution 18-110, Approving Site Performance Agreement, Love To Grow On 87 - City Engineer Hankee reviewed her written staff report. She noted the location of the proposed 88 COUNCIL MINUTES August 27 2018 DRAFT 3 project and the elements of City control that are included in the proposed site performance agreement. 89 The project will break ground as soon as possible. 90 91 Council Member Manthey moved to approve Resolution No. 18-110 as presented. Council Member 92 Rafferty seconded the motion. Motion carried on a voice vote. 93 94 6C) 2018 West Shadow Lake Drive Area Street Reconstruction: 95 - Consider Resolution 18-105, Declare Cost to be Assessed; 96 - Consider Resolution No. 18-106, Calling Hearing on Assessment. 97 - 98 City Engineer Hankee noted the project under consideration the current request for approval. 99 Previous council actions were noted, (SEE REPORT), and the funding sources proposed. The 100 project will also be discussed at the council’s September work session. 101 102 Council Member Rafferty asked about things that were not originally identified for the project but that 103 were eventually included. City Engineer Hankee said a list can be prepared for the council. 104 105 Council Member Manthey moved to approve Resolution No. 18-105 as presented. Council Member 106 Stoesz seconded the motion. Motion carried on a voice vote. 107 108 Council Member Stoesz moved to approve Resolution No. 18-106 as presented. Council Member 109 Manthey seconded the motion. Motion carried on a voice vote. 110 111 UNFINISHED BUSINESS 112 113 There was no Unfinished Business. 114 115 NEW BUSINESS 116 117 There was no New Business. 118 119 COMMUNITY CALENDAR 120 121 Community Calendar – A Look Ahead 122 August 27, 2018 through September 10, 2018 123 Tuesday, September 4 6:00 pm, Community Room Council Work Session 124 Thursday, September 6 6:30 pm, Community Room EDAC 125 Monday, September 10 6:30 pm, Community Room Park Board 126 Monday, September 10 6:30 pm, Council Chambers City Council Meeting 127 128 ADJOURN 129 130 There being no further business, Council Member Rafferty moved to adjourn at 6:55 p.m. Council 131 Member Maher seconded the motion. Motion carried. 132 133 These minutes were considered and approved at the regular Council Meeting, September 10, 2018. 134 COUNCIL MINUTES August 27 2018 DRAFT 4 135 136 137 138 Julianne Bartell, City Clerk Jeff Reinert, Mayor 139 140 CITY COUNCIL SPECIAL WORK SESSION August 22, 2018 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : August 22 , 2018 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 8:13 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Maher, 7 Manthey, Stoesz and Mayor Reinert 8 MEMBERS ABSENT : None 9 10 Staff members present: City Administrator Jeff Karlson; Public Safety Director John 11 Swenson; Community Development Director Michael Grochala; Finance Director Sarah 12 Cotton; Public Services Director Rick DeGardner 13 14 (The following is a recap of the meeting prepare by Administrator Jeff Karlson) 15 16 2019 Budget 17 18 The City Council was updated on the 2019 levy and tax rate. Interest on the G.O. Bond 19 for street reconstruction in 2018 (West Shadow Lake Dr. & LaMotte Dr.) was added to 20 the debt levy, which amounted to $200,000. Staff also received the renewal for workers’ 21 compensation insurance, which increased by $38,388 due to two expensive claims. As a 22 result, the proposed net tax levy increased to $9,218,185. The tax rate increased from 23 42.826% to 44.061%. 24 25 The Council reviewed the proposed capital equipment replacement. Director Swenson 26 informed the Council that the Public Safety Department needed to order three Ford SUVs 27 under the state contract price by September 21, 2018, or staff would have to consider 28 ordering the more expensive Chevy Tahoes at a later date. 29 30 There was considerable debate about the interpretation of the Vehicle Replacement Policy 31 as it related to the 100,000 mile threshold for replacing vehicles. There was consensus 32 amongst the council that vehicles should not be considered for replacement until after the 33 car reached more than 100,000 miles. Only one squad car recommended for replacement 34 had reached that threshold as of June 30, 2018, but the Council agreed that staff could 35 order two vehicles, since one would soon be over the 100,000 mile mark. 36 37 Two vehicles scheduled to be replaced in 2019 are as follows: (1) the 2013 Ford SUV 38 (#386), and (2) the 2014 Ford SUV (#395). 39 40 Councilmember Rafferty asked staff what the impact would be if the capital equipment 41 replacement bond schedule was extended from three years to five years. 42 43 CITY COUNCIL SPECIAL WORK SESSION August 22, 2018 DRAFT 2 Finance Director Sarah Cotton informed the Council that there was a 2017 budget surplus 44 of $375,000 in the General Fund. Mayor Reinert said he would like to see $500,000 45 dedicated toward the recreation complex over a two-year period. 46 47 Regarding the $375,000 budget surplus, Mayor Reinert expressed a desire to use $90,000 48 of the surplus toward parks and trails and $10,000 for the recreation division to purchase 49 a stage and tent to avoid rental fees. Mayor Reinert suggested designating the remaining 50 balance of $275,000 toward the recreation complex in 2019. He expressed his opinion 51 that the Council could also designate as much as $125,000 from undesignated park 52 dedication fees toward the new park. He asked Director DeGardner to send the original 53 master plan for the recreation complex. 54 55 In other action, the Council denied the following budget requests: 56 • New police officer position (-$92,495) 57 • Contribution to Alexandra House (-$5,000) 58 The Council supported funding the following improvement projects from the Facilities 59 Construction Fund: 60 • Replacement of Civic Complex Roof Membrane ($311,000) 61 • Remodel of Fire Station #1 to accommodate a new turnout gear room ($60,000) 62 • Complete renovation of women’s bathroom in Fire Station #1 (cost to be 63 determined) 64 • HVAC system improvements in the public works facility ($22,500) 65 66 In addition, the Council supported funding the following items that were not included in 67 the proposed budget, but were given strong consideration by staff: 68 • Additional hot box to increase productivity in street patching operations ($25,650) 69 • Traffic control devices for maintaining county road medians ($10,100) 70 71 The Council requested that WSB appear at the next Council work session to explain the 72 reason for a two percent increase in their retainer fee. 73 74 The next budget work session is scheduled for Monday, August 27 following the regular 75 Council meeting. 76 77 The meeting was adjourned at 8:13 p.m. 78 79 These minutes were considered, corrected and approved at the regular Council meeting held on 80 September 10, 2018. 81 82 83 84 85 Julianne Bartell, City Clerk Jeff Reinert, Mayor 86 87 CITY COUNCIL WORK SESSION August 27, 2018 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : August 27, 2018 4 TIME STARTED : 7:05 p.m. 5 TIME ENDED : 7:50 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Maher, 7 Manthey, Stoesz and Mayor Reinert 8 MEMBERS ABSENT : None 9 10 Staff members present: City Administrator Jeff Karlson; Public Safety Director John 11 Swenson; Community Development Director Michael Grochala; Finance Director Sarah 12 Cotton; Public Services Director Rick DeGardner; City Clerk Julie Bartell 13 1. 2019 Draft Budget & Tax Levy 14 Mayor Reinert remarked that he would like to discuss surplus anticipated for this year and 15 also areas that have increased in budget. 16 Finance Director Cotton reviewed the information provided in the packet: 17 - Updated gap analysis; 18 - Updated net tax capacity calculation; 19 - Use of Reserves Summary. 20 Council Member Stoesz asked why the street patching budget was not fully utilized and 21 Mr. DeGardner explained that the weather/length of patching season dictates the amount 22 of work that can be done. 23 24 The council discussed the city’s reserve level, including why it is at a conservative 50% 25 and its impact on the city’s bond rating. 26 27 Mayor Reinert discussed planning for the recreation land; he’d like to explore a master 28 plan for the area. Public Services Director DeGardner said he is working on a phased 29 plan. Mayor Reinert asked about necessary funding to get something moving next year 30 and Director DeGardner said he is working with the Finance Director on a large picture 31 financing plan. It was recalled that development of a third water tower may be a part of 32 the larger picture and financing. 33 34 Council members were asked to weigh in on the recreation project: 35 Council Member Rafferty – is ready to make it work. 36 Council Member Manthey – sees two ways to move forward: a spur project to get things 37 going or make a big plan all at once. He is supportive of the direction now and will await 38 more information on financing. 39 CITY COUNCIL WORK SESSION August 27, 2018 DRAFT 2 Council Member Stoesz recommends letting the public know that is the land is city and 40 plans are coming. Also it will be important for people to understand financing. 41 42 Mayor Reinert said he’d like to see $300,000 set aside (reserve) at this time. Moving 43 ahead, additional financing will become clear. 44 45 Mayor Reinert said he’d also like to designate $50,000 of the reserve for a war memorial 46 project. He would like to see that those funds are not utilized until they are privately 47 matched. Council Member Maher is supportive. 48 49 The remaining reserve amount was identified at $400,000. If that amount were applied 50 overall, the tax rate would be 41.724 (3.70% annual increase). Ms. Cotton noted that the 51 council may also want to consider that debt levy that will be coming on line. 52 53 Mayor Reinert asked if any projects will come off the books next year that will contribute 54 to the Closed Bond Fund. Director Cotton noted that the City Hall Complex has been 55 fully paid; there will be excess of about $500,000. 56 57 Mayor Reinert suggested one more meeting to do a final review. He asked that council 58 members do their final drill down on the proposed budget so that discussion be 59 concluded. The council will plan on having that final discussion at the regular 60 September work session unless that runs late in which case they will set another day. 61 62 Council Member Stoesz asked that the preliminary budget be placed on the city website 63 in a spot that is easy for public access. 64 65 The council will review information presented for future discussion. 66 67 The meeting was adjourned at 7:50 p.m. 68 69 These minutes were considered, corrected and approved at the regular Council meeting 70 held on August 27, 2018. 71 72 73 74 75 Julianne Bartell, City Clerk Jeff Reinert, Mayor 76 77 CITY COUNCIL AGENDA ITEM 1F STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: September 10, 2018 TOPIC: Consider Approving Exempt Gambling Permis for Turkey Bingo and a Scholarship Raffle at St. Joseph’s Catholic Church (two events) VOTE REQUIRED: 3/5 Vote INTRODUCTION St. Joseph’s Catholic Church has applied for two exempt permits. One is to conduct their annual Turkey Bingo on November 22, 2018 with the money raised to be used for the food shelf and the second is a Raffle to be held on November 27, 2018 with the proceeds from this event to be used to award college scholarships to members of St. Joseph Catholic Church. BACKGROUND Non-profit organizations are allowed, under the State Gambling Statutes, to apply for an exemption from a gambling license if they conduct five (5) or fewer gambling occasions per calendar year. St. Joseph Catholic Church conducts five (5) or less per calendar and, therefore, remains exempt from requiring a gambling license. Minnesota Statutes, Chapter 349, Section 349.166, Subd. 2 does, however, require that the non- profit organizations applying for the exemption permit, notify the city that they are applying for the exemption and receive local approval. The application and background materials are on file in City Clerk’s office. RECOMMENDATION Adopt a motion approving the applications for exemption with no waiting period. CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Jeff Karlson MEETING DATE: September 10, 2018 TOPIC: Labor Agreement with Local No. 49 VOTE REQUIRED: 3/5 INTRODUCTION We have reached a tentative two-year agreement with I.U.O.E. Local No. 49 for 2018 and 2019. After several negotiation meetings, the union voted in favor of accepting the following terms: 1. WAGES: 2.75 percent wage increase retroactive to January 1, 2018, and 2.5 percent wage increase, effective January 1, 2019. 2. HEALTH INSURANCE: Article 16.1 revised to read: a) Effective January 1, 2018, Employer will contribute $566.73 toward the monthly premium for single coverage and $1,182.26 toward the monthly premium for family coverage. b) Effective January 1, 2019, Employer will contribute 100% of the base single plan and $1,182.26 plus 50% of the 2019 premium increase toward the family plan. c) The Employer’s contributions toward the Health Savings Accounts and the cash option for waiving coverage are the same. 3. FUNERAL LEAVE: Same as City’s personnel policy. 4. APPENDIX F: New Memorandum of Understanding added to contract based on an arrangement made in 2015 to create a combined Maintenance Worker/Mechanic position for an unspecified period of time. RECOMMENDATION Authorize execution of 2018-2019 labor agreement between the City of Lino Lakes and I.U.O.E. Local No. 49. ATTACHMENTS M.O.U. Regarding Maintenance Worker/Mechanic Position CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: September 10, 2018 TOPIC: 1st Reading of Ordinances: a) Ordinance No. 13-18, Amending Chapter 616 of the Lino Lakes Code of Ordinances, regarding Therapeutic Massage; b) Ordinance No. 14-18, Adding a new Chapter 510 to the Lino Lakes Code of Ordinance relating to Disorderly Houses VOTE REQUIRED: 3/5 INTRODUCTION In December 2017, the City Council adopted an ordinance adding regulations of therapeutic massage to the City Code, and establishing a licensing process for the regulations. BACKGROUND With the adoption of the Therapeutic Massage ordinance in December of 2017 and the subsequent implementation of this ordinance, staff has identified some revision and addition to the Therapeutic Massage ordinance. Staff believes these proposed changes will strengthen the existing ordinance to ensure the services provided are consistent with the Therapeutic Massage ordinance. Attached to this staff report is a copy of the ordinance for your review with proposed changes clearly noted. Staff is also bringing forward for Council consideration the adoption of a new ordinance relating to Disorderly Houses. Staff conducted a criminal investigation into a business that represented itself as a therapeutic massage business but is alleged to have engaged in criminal activity. Upon serving a search warrant at the business in Lino Lakes and making an arrest, staff was unable to immediately shut the business down. This created a situation where alleged criminal activity occurred but the business could not be shut down. The proposed Disorderly House ordinance would allow staff to take action and shut down a problem address in order to improve safety and livability in the community. This new ordinance is attached to this staff report for your review. The revisions to Chapter 616 of the Lino Lakes Code of Ordinances regarding Therapeutic Massage and the addition of Chapter 510 to the Lino Lakes Code of Ordinances have been reviewed and approved by City Attorney, Jay Squires. RECOMMENDATION Consideration of the 1st Reading of: a) Ordinance No. 13-18, Amending Chapter 616 of the Lino Lakes Code of Ordinances to update regulations regarding therapeutic massage; and b) Ordinance No. 14-18, Adding a new Chapter 510, relating to Disorderly Houses ATTACHMENTS Ordinance No. 13-18 Ordinance No. 14-18 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 13-18 AMENDING CHAPTER 616 RELATING TO THERAPEUTIC MASSAGE The City Council of Lino Lakes do ordain as follows: Section 1. That Chapter 616 of the Lino Lakes Code of Ordinances be amended to read as follows: CHAPTER 616. THERAPEUTIC MASSAGE 616.01 PURPOSE AND FINDINGS The purpose of this chapter is to regulate massage therapists and therapeutic massage businesses. Therapeutic massage businesses are subject to abuses that are contrary to the morals, health, safety and general welfare of the community. Control of these abuses requires efforts on the part of the City and its Public Safety Department. 616.02 DEFINITIONS. For the purpose of this chapter, the terms defined in this section shall have the following meanings ascribed to them. Accredited Institution An educational institution holding accredited status approved by the United States Department of Education or the Minnesota Office of Higher Education. Applicant: Any corporation, partnership, or other business or individual filing an application with the City seeking a massage therapist or therapeutic massage business license pursuant to this chapter. Client: An individual receiving therapeutic massage services. Department: The Public Safety Department. Director: The Director of the Public Safety Department or his or her duly-appointed designee. Employees: All employee s, agents, contractors, or other persons associated with a therapeutic massage business who spend a significant amount of time on the premises of a therapeutic massage business or who assist in or administer therapeutic massage services, whether or not on the premises. A self-employed massage therapist is considered to be an Employee for purposes of this chapter. Licensee: The holder of a license to operate a therapeutic massage business or work as a massage therapist. Massage Therapist: A person who practices or administers therapeutic massage services. who has completed 500 hours of certified therapeutic massage training with content that includes the subjects of anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice from an accredited institution or program or institution licensed or registered by a state licensing board or agency that has been approved the issuing authority. In the event the accredited program or accredited institution is no longer in existence, in the sole discretion of the city, a certified copy of the transcript of academic record may be accepted directly from the applicant with an affidavit stating said transcript of academic record is authentic. The transcript of academic record must be from a program or institution that was once accredited and approved by the issuing authority. The certified copy of the transcript of academic record must contain the applicant’s name, last address of the accredited institution at the time of closing, and reflect the 500 hours of certified therapeutic massage training with content that includes the subjects of anatomy, physiology, hygiene ethics, massage theory and research, and massage practice as required. Premises: The physical location(s) identified by the applicant where therapeutic massage services are to be administered, excluding hospitals, sanatoriums, rest homes, nursing homes, boarding homes, or other institutions for the hospitalization or care of human beings, duly licensed under the provisions of Minnesota Statutes, Sections 144.50 through 144.69, and also excluding locations where therapeutic massages services are only sporadically administered, such as the homes of therapeutic massage clients. The home of a massage therapist where therapeutic massage services are regularly administered constitutes a licensed premises. Therapeutic Massage Business: Operation of a business that employs and/or contracts with massage therapists to administer therapeutic massage services for a fee, including self- employed massage therapists, and other than a hospital, sanatorium, rest home, nursing home, boarding home, or other institution for the hospitalization or care of human beings, duly licensed under the provisions of Minnesota Statutes, Sections 144.50 through 144.69, whether or not the therapeutic massage services are rendered at the licensed premises. This does not include massage therapists working under the supervision of a licensed medical practitioner. Therapeutic Massage Services: The rubbing, stroking, kneading, tapping, or rolling of the body of another with the hands or objects for the exclusive purpose of physical fitness, relaxation, or beautification, and for no other purpose, including specified sexual activities defined in section 614.02 of this title. 616.03 LICENSE REQUIRED. Except as provided for by Minnesota Statutes, Section 471.709, no individual shall practice, administer or provide therapeutic massage services to the public, and no corporation, partnership, other business or individual shall engage in the business of operating a therapeutic massage business as defined in Section 616.02 of this chapter, either exclusively or in connection with any other business enterprise, without first obtaining a license issued by the city. 616.04 APPLICATION FOR LICENSE; LICENSE FEE (1) Application. An application form for a massage therapist or therapeutic massage business license shall be made available by the City Clerk. In addition to the general licensing application requirements included in Section 601.02 of this Code, each written application for a massage therapist or therapeutic massage business license shall contain the following: (a) If the application is made on behalf of a corporation, partnership, or other business, it shall be accompanied by appropriate business records showing the names and addresses of all individuals having a pecuniary interest in the business and, in the case of a corporation, the names and addresses of the officers and shareholders. (b) If the applicant intends to utilize a Premises to provide therapeutic massage services, applicant shall furnish to the city the address of the Premises and the city zoning designation for the Premises, as well as the applicant’s interest in the Premises, such as a lease, deed, or contract for deed. If the application is by a natural person, it shall be signed and sworn to by that person; if by a corporation, by one of the officers; if by a partnership, by one of the partners, and if by an unincorporated association, by the manager or managing officer thereof. (c) Personal history form(s) providing information to the Department for the purpose of conducting a background check on all anticipated Employees and the individuals identified in Section 616.04, subd. 1(a) of this chapter. (d) Verification that all Employees anticipated to perform therapeutic massage services on behalf of the therapeutic massage business are certified or have experience defined in Section 616.06, subd. 6 of this chapter. (e) Whether the applicant has ever been engaged in the operation of massage services. If so, the applicant shall furnish information as to the name, dates, place and length of time of the involvement in such an establishment. (f) Whether the applicant has had an interest in, as an individual or as part of a corporation, partnership, association, enterprise, business or firm, a massage license that was denied, revoked or suspended within the last 10 years of the date the license application is submitted to the issuing authority. (g) Whether the applicant has ever been arrested, charged or convicted of any crime or violation of any ordinance other than a minor traffic offense. If so, the applicant shall furnish information as to the date, time and offense for which arrests, charges or convictions were had. (h) Whether the applicant has ever been the subject of an investigation, public or private, criminal or non-criminal, regarding massage therapy. (i) Applicant is responsible for reading and understanding the City ordinance regarding therapeutic massage and for communicating and providing interpretation when necessary to all massage therapists licensed at the enterprise to ensure compliance. (2) License, Background and Miscellaneous Fees. A fee in the amount specified in the city’s ordinance establishing fees and charges shall be paid to the city along with the completed application form. In the event that the license is denied upon application, the license fee shall be refunded; however no part of the license investigation fee shall be returned to the applicant. No part of the annual license fee shall be refunded if the license is suspended, revoked, or discontinued. The initial license fee may be prorated. The licensee shall be responsible for any city costs in enforcing the license provisions including but not limited to re-inspection fees and attorney fees. (3) Establishment Licensing/Individual Licensing. An applicant may apply for both a therapeutic massage business license and massage therapist licenses for its Employees. (4) License Term; Renewal. Each license shall be issued for a maximum period of one year. Each license may be renewed only by making application as provided in Section 616.04 of this chapter. All licenses expire on June 30 of each year. 616.05 CONDITIONS GOVERNING ISSUANCE; APPLICANT DATA The city has established the following conditions governing the issuance of massage therapist and therapeutic massage business licenses. The city is empowered to conduct any and all investigations to verify applicant data, including ordering a computerized criminal history inquiry and/or a driver's license/identification history inquiry on the applicant, anticipated Employees, and all individuals identified in Section 616.04, subd. 1(a) of this chapter. The city council or Chief of Police or his or her designee may order and conduct such additional investigation as it deems necessary. The City Council shall consider the issuance of a license to an applicant within 30 days after receipt of an application unless one or more of the following, or any of the conditions in Section 616.06, are found to be true: (1) The applicant is under 18 years of age. (2) The applicant is delinquent in his or her payments to the city of taxes, fees, fines or penalties assessed against him or her. (3) The applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form. (4) The applicant is unable to provide photo identification issued by a federal, state or territory of the United States of America. This includes a valid passport, state-issued driver’s license, or other official form of identification (5) The Premises has not been approved for occupancy and use by the appropriate city personnel or is not in compliance with all applicable laws and ordinances. (6) The license fee required by this chapter has not been paid. (7) Has had an interest in, as an individual or as part of a corporation, partnership, association, enterprise, business or firm, a massage license that was denied, revoked or suspended within the last 10 years of the date the license application is submitted to the issuing authority. (8) Has been arrested, charged or convicted of any crime directly related to the occupation licensed as prescribed by Minn. Stat. § 364.03, subd. 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minn. Stat. § 364.03, subd. 3. (9) Is the spouse of a person whose massage-related license has been denied, suspended or revoked in the past 10 years. 616.06 CONDITIONS GOVERNING ISSUANCE; APPLICANT AND OTHER DATA If the applicant meets the criteria in Section 616.05, the City Council shall consider the issuance of a license to an applicant within 30 days after receipt of an application unless any one of the following apply to the applicant, its anticipated Employees, or any of the individuals identified in Section 616.04, subd. 1(a) of this chapter: (1) Conviction of a felony within five (5) years of the date an application for a license is filed with the city. (2) Conviction, charge or arrest of any sexually oriented crime or ordinance violation, including, but not limited to, Minnesota Statutes Sections 609.321-.324, 617.241, 617.293-.294, 617.246-.247, 617.23, 609.342-.345, 609.365, or criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses within five (5) ten (10) years of the date an application for a license is filed with the city. (3) Has been determined to have engaged in any conduct prohibited by Minnesota Statutes Section 146A.08, as it may be amended from time to time, within five (5) years of the date an application for a license is filed with the city. (4) Under requirement to register as a predatory offender under Minnesota Statutes Section 243.166, or any similar law in Minnesota or elsewhere, within ten (10) years. (5) Have had a massage therapist or therapeutic massage business denied or revoked by a state, city or other licensing authority within five (5) ten (10) years.. (6) Has been ordered to pay civil penalties by a state, city or other licensing authority within five (5) years. (7) Cannot provide proof of their eligibility to work in the United States. (8) Failure to provide a transcript from an Accredited Institution. (8) Fail to meet one of the following criteria: (a) Current certification from National Certification Board for therapeutic Massage and Bodywork; or (b) Membership with the American Massage Therapy Association (AMTA) or Associated Bodywork and Massage Professionals (ABMP); or (c) Graduation from an educational institution which is either registered with the MN Higher Education Office, or recognized by one of the accredited professional associations listed above, is a member of AMTA or ABMP. With respect to (1)-(8) of this Section, a pending appeal shall have no effect on the determination whether to issue a license. 616.07 RESTRICTIONS ON LICENSE; REGULATIONS (1) Inspection. No therapeutic massage business that operates out of a Premises shall be granted a license or renewal of a license without passing a city inspection to determine compliance with this chapter. Compliance shall be determined in accordance requirements set forth in Section 616.08 of this chapter. (2) Minors. No person shall give, or assist in the giving, of any therapeutic massage services to any person under the age of eighteen (18) years, unless the parent or guardian of such minor person has consented thereto in writing. (3) List of Services. The licensee or a designated Employee or individual identified in Section 616.04, subd. 1(a) of this chapter shall post or provide to the client a list of services available and the cost of each. No massage therapist shall offer or perform any service other than those posted or listed. (4) Complementary and Alternative Health Care Client Bill Of Rights. Prior to providing therapeutic massage services, the licensee or a designated Employee or individual identified in Section 616.04, subd. 1(a) of this chapter must provide clients with the complementary and alternative health care client bill of rights as stated by Minnesota Statutes, must have the client sign a written statement attesting that the client has received the statement, and must comply with all other requirements of state law in chapter 146A or other applicable law. The licensee or a designated Employee or individual identified in Section 616.04, subd. 1(a) of this chapter must post a copy as required by law and ensure compliance with the statutory provisions. (5) Compliance with Law. The licensee, Employees, and individuals identified in Section 616.04, subd. 1(a) of this chapter shall comply with applicable ordinances, regulations, and laws of the city, the state of Minnesota, and the United States. (6) Hours of Operation. Massage therapists shall not perform therapeutic massage services nor shall clients be permitted on a Premises between the hours of 11:00 10:30 p.m. and 8:00 a.m. (7) Posting of License. The license, if granted, shall state on its face the name of the licensee, the expiration date, and the address of the Premises. The license shall be posted in a conspicuous place at or near the entrance to Premises so that it may be easily read at any time. Transient individual massage therapists must provide a copy of their current license when performing therapeutic massage services within the city upon request. (8) Transfer of License Prohibited. A licensee shall not transfer his or her license to another, nor shall a licensee change the location of a Premises under authority of a license without providing the city with notice of a change in location prior to such a change occurring. (9) Windows. The exterior windows of the commercial Premises must not be one hundred percent (100%) opaque during hours that the Premises is open for business, except for windows in massage rooms and restrooms. (10) Advertising. No licensee shall advertise through any media that is classified for adults only or for sexually oriented business or similar classification, or use any advertising that refers to therapeutic massage services as appealing to or satisfying an erotic or prurient interest, lust, sexual or passionate desire. (11) Clients. Clients shall at all times have his/her anus, intergluteal cleft (buttocks crease) and genitals covered with clothing or properly draped with nontransparent material. The person who is receiving massage therapy of the breast or buttocks (gluteal) shall have the breast or buttock (gluteal muscle) that is not then immediately receiving massage therapy properly covered and draped with nontransparent material. (12) Habitation: Massage enterprise shall not contain nor allow the use by any person of sleeping quarters or living spaces of any kind intended for habitation, including but not limited to beds, cots or mattresses. 616.08 INSPECTION. (1) Inspection Access. The applicant or licensee shall permit the Director or his/her authorized representative to inspect the Premises for the purpose of ensuring compliance with the law, at any time the therapeutic massage business is occupied or open for business. (2) Requirements. The applicant and licensee shall meet the following requirements: (a) A therapeutic massage business must take reasonable steps to prevent the spread of infections and communicable diseases on the Premises. (b) Premises must be equipped with adequate and conveniently located toilet room(s) for the accommodation of its Employees and Clients. The toilet room(s) must be well ventilated by natural or mechanical methods and be enclosed with a door. The toilet room(s) must be kept clean and in good repair and be fully and adequately illuminated. (c) A therapeutic massage business must provide single service disposal paper or clean linens to cover the table, chair, furniture or area on which the Client receives the therapeutic massage services and must be sanitized after each administration of therapeutic massage services. (d) Therapeutic massage tables, chairs or furniture on which the Client receives therapeutic massage services must have surfaces that can be readily cleaned and disinfected after each massage. All modalities shall be performed on a raised massage therapy table or chair; no bed, mattress or similar type equipment shall be allowed onsite. (e) The massage therapist must wash his or her hands and arms with water and soap, antibacterial scrubs, alcohol or other disinfectants prior to and following each administration of therapeutic massage services. (f) Rooms in a Premises must be fully and adequately illuminated. (g) A Premises must have a janitor's closet that provides for the storage of cleaning supplies. (h) Premises must provide adequate refuse receptacles. (i) Premises must be maintained in good repair and sanitary condition. (j) Premises must comply with the requirements of Minnesota Statutes Section 144.411 et seq. (k) Any massage therapist shall at all times be dressed professionally. 616.09 GROUNDS FOR SUSPENSION OR REVOCATION. (1) Suspension. The City Council may suspend a license for a period not to exceed sixty (60) days if it is determined that a licensee, an Employee, or an individual identified in Section 616.04, subd. 1(a) of this chapter: (a) Violated any provisions of this chapter; (b) Engaged in excessive use of alcoholic beverages or use of illegal drugs while on the Premises, or prior to or while administering therapeutic massage services; (c) Refused to allow an inspection of the Premises as authorized by this chapter; (d) Demonstrated inability to operate or manage the therapeutic massage business in a peaceful and law abiding manner thus necessitating action by law enforcement officers; (2) Revocation. The City Council may revoke a license if a cause of suspension in Subdivision 1 of this section occurs and the license has been suspended within the preceding twelve (12) months, or if any of the following are true: (a) A licensee gave false or misleading information in the material submitted during the application process. (b) A licensee, Employee, or individual identified in Section 616.04, subd. 1(a) of this chapter knowingly allowed illegal possession, use, or sale of controlled substances on the Premises. (c) A licensee, Employee, or individual identified in Section 616.04, subd. 1(a) of this chapter knowingly operated the therapeutic massage business during a period of time when the licensee's license was suspended. (d) A licensee is convicted, charged or arrested of any offense listed in Section 616.06 of this chapter, or if any subdivision (3), (5), or (6) of Section 616.06 are true (e) A licensee permits an Employee to perform therapeutic massage services for the therapeutic massage business, when the licensee knows that that person has been charged or convicted of any offense listed in Section 616.06 of this chapter, or, with respect to that person, if any of subdivisions (3), (5), or (6) of Section 616.06 are true. (e) The licensee is delinquent in his or her payments to the city of taxes, fees, fines or penalties assessed against him or her. (3) Conviction Appeal. A pending appeal of a conviction shall have no effect on, nor an appeal of anything in subdivisions (3), (5) or (6) of Section 616.06 shall have no bearing on, the suspension or revocation. (3) No license shall be suspended or revoked unless the licensee has been given written notice and a public hearing. The notice shall give at least ten days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The City Council may, without any advance notice or hearing, suspend any license pending a hearing on revocation for a period not exceeding 15 days. (4) Neither the charging of a criminal violation nor a criminal conviction is required in order for the city council or issuing authority to impose an administrative penalty or suspend, deny or revoke a license. (5) Previous License Infractions. In the event there is a license infraction or a pending citation involving a Licensed establishment and/or a licensed massage therapist, the city may, at its option, choose to not to take action on any license or renewal application until such infraction or pending citation has been resolved. The applicant for a massage enterprise license or massage therapist license may not be eligible to reapply for a license for a period of five years if the licensee is arrested, charged or convicted of any violation of the ordinance. 616.10 SUSPENSION OF LICENSE FOR VIOLATIONS The Chief of Police or his or her designee may immediately suspend a license, pending a hearing before the City Council, if the licensee, or any person working on behalf of the licensee, is determined to be conducting business in an unlawful manner, any manner that constitutes a breach of the peace or a menace to the health, safety, or general welfare of the public, or after repeated complaints received regarding conduct of business practices or method of solicitation. Section 2. 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 Council this ____ day of _________, 2018.. 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 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 14-18 AMENDING THE CITY CODE BY ADDING A NEW CHAPTER 510 RELATING TO DISORDERLY HOUSES The City Council of Lino Lakes do ordain as follows: Section 1. That the Lino Lakes Code of Ordinances be amended by adding thereto a new Chapter 510 to read as follows: CHAPTER 510. DISORDERLY HOUSES. 510.01 DEFINITIONS. For the purpose of this chapter, the terms defined in this section shall have the following meanings ascribed to them. Disorderly House. Any building, dwelling, place, establishment or premises in which actions or conduct occur in violation of any law or ordinance relating to the following: (1) Sale or regulation of an intoxicating liquor or 3.2 percent malt liquor; (2) Gambling; (3) Prostitution, acts relating to prostitution, solicitation to vice, or lewd and indecent behavior; (4) The sale, possession or use of drugs or controlled substances as defined by state law; (5) Disorderly conduct as defined by state law; (6) Assault as defined by state law; (7) Public nuisance as defined by state law; (8) Any other unlawful conduct or pattern of unlawful conduct pursuant to city ordinance or state law. 510.02 PENALTY FOR VIOLATION. (1) Any violation of this chapter shall constitute a misdemeanor. (2) Each violation and every day in which a violation occurs or continues shall constitute a separate offense. 510.03 EVIDENCE. Evidence of unlawful sales or free distribution of intoxicating liquor or 3.2 percent malt liquor or of gambling shall be prima facie evidence of the existence of a disorderly house. Evidence or possession, sales or use of drugs or controlled substances shall be prima facie evidence of the existence of disorderly house. Evidence or possession, sales or use of drugs and/or controlled substances may include, but is not limited to, the presence in the house of devices for smoking cocaine or marijuana, scales, sieves or sifters or any other drug paraphernalia, shall be prima facie evidence of the existence of a disorderly house. Evidence of the occurrence of any incident of disorderly conduct, assault, or public nuisance shall be prima facie evidence of the existence of a disorderly house. Evidence of a violation of this Code or the Uniform Building Code shall be prima facie evidence of the existence of a disorderly house. Evidence of any weapon violation shall be prima facie evidence of the existence of a disorderly house. Evidence of a pattern of vandalism and/or theft by the occupants of a disorderly house shall constitute prima facie evidence that such occupants reside in a disorderly house. 510.04 OPERATION. No person shall own, lease, operate, manage, reside in, maintain or conduct a disorderly house, or invite or attempt to invite others to visit or remain in such disorderly house. 510.05 PRESENCE IN OR VISITING. No person shall be present in, visit or remain in a disorderly house. Section 2. 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 Council this ____ day of ______________, 2018. 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 1 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: September 10, 2018 TOPIC: Lino Lakes Storage (440 Park Court) i. Consider Resolution No. 18-103 Approving Conditional Use Permit for a Mini Self-Storage Facility ii. Consider Resolution No. 18-104 Approving Site Improvement Performance Agreement VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of a Conditional Use Permit and Site Improvement Performance Agreement for Lino Lakes Storage (440 Park Court). Complete Application Date: July 9, 2018 60-Day Review Deadline: September 7, 2018 60-Day Extension Deadline: November 6, 2018 Environmental Board Meeting: August 1, 2018 Park Board Meeting: N/A Planning & Zoning Board Meeting: August 8, 2018 Tentative City Council Work Session: September 4, 2018 Tentative City Council Meeting: September 10, 2018 BACKGROUND Alliance Bank currently owns the 5.74 acre parcel located at 440 Park Court within the Marshan Lake Industrial Park. The applicant, Joe Benson, Lino Lakes Mini, LLC, is under a Purchase Agreement with Alliance Bank to purchase the parcel and will develop the property into primarily outside drive-up, cold, self-storage units. The project is broken up into two major phases. Phase 1 is the northern portion of the property which is approximately 3.4 acres including adjacent wetlands and consists of approximately 43,000 sf of storage units. Phase 2 is the south portion of the property which is approximately 2.34 acres including adjacent wetlands and consists of 24,700 sf of storage units. This site plan review and conditional use permit (CUP) is only for Phase 1, the northern portion of the 2 property. The property owner will have to submit another Land Use Application to amend the CUP to develop Phase 2. This staff report is based on the followings plan sets: • 7/3/2018: Plan Set, prepared by AMI • 7/3/2018: Tree Preservation & Mitigation Plan, prepared by AMI • 7/27/2018: Architectural Plans and Color Elevations, prepared by Robert D. Johnson Architect • 1/11/2018: Environmental Site Assessment Phase II, prepared by American Engineering Testing, Inc. • 1/8/2018: Environmental Site Assessment Phase I, prepared by American Engineering Testing, Inc. • 10/4/2017: Report of Geotechnical Exploration, prepared by ITCO Allied Engineering Company • 7/3/2017: Storm Water Management Plan, prepared by AMI • Narrative, prepared by Amaris Development, LLC • 8/25/2017: Certificate of Survey, prepared by E.G. Rud & Sons, Inc. History 440 Park Court was originally developed in 2003 as part of the Marshan Lake Industrial Park. The property is 5.74 acres located on the southwest corner of Park Court and Lake Drive. Neighbors include Distribution Alternatives, Schwan Home Services, Blue Heron Elementary School, and some rented commercial buildings to the south. Across Lake Drive is a residential neighborhood. ANALYSIS Zoning and Land Use The property is zoned LI, Light Industrial and allows for mini self-storage facilities with a conditional use permit. Current Zoning LI, Light Industrial Current Land Use Vacant Industrial Future Land Use per CP Industrial Utility Staging Area 1A=2008-2015 3 Surrounding Zoning and Land Use Direction Zoning Current Land Use Future Land Use North LI, Light Industrial Vacant Industrial Industrial East R-2, Two Family Residential Low Density Residential South LI, Light Industrial Industrial Industrial West PSP-Public Semi-Public Schools-Centennial and Blue Heron Civic/Institutional Site and Building Plan Review Site Plan The parcel is 5.73 acres. The site plan indicates 2 phases of development. This staff report is only an analysis and recommendation of the Phase 1 (north portion) development. The applicant is working with the MPCA on some environmental clean-up issues on the Phase 2 (south portion). A separate land use application to amend the conditional use permit shall be required for development of Phase 2. The site plan proposes 13 mini self-storage buildings totaling approximately 43,000 sf of storage in Phase 1. The storm water pond is located on the west side of the parcel and a berm with landscaping on the east side along CSAH 23 (Lake Drive). Security fencing and cameras are proposed around the site perimeter. It should be noted that outdoor storage and/or personal or recreational vehicle parking is not allowed anywhere onsite. The Site Plan Review Worksheet provides additional detail related to setbacks and performance standards. The parcel is a corner lot. The front lot line is along Park Court. The rear lot line is opposite the front lot line and is the south lot line. The west and east boundary lines are the side lot lines. The required street setback along CSAH 23 (Lake Drive) is 50 feet. Sheet C2.0, Site Plan only shows a 40 foot setback. The plans shall be revised. Grading Plan and Stormwater Management The subject property includes approximately 5.74 acres, of which 2.91 acres will be graded as part of the Phase 1 construction of the facilities. Construction of the storage buildings and paved surface will create 2.17 acres of impervious surface. The proposed storm water treatment facility consists of a pretreatment pond located interior to a larger infiltration basin. Surface water on this site will flow to a proposed infiltration pond, then across the road to the larger pond on the NE side of the old Distribution Alternatives building, and then east to Marshan Lake. 4 Public Utilities A 12’ sanitary sewer main and 12” water main exist along Park Court and provide public utilities to the site. A 6” water main and hydrant will be extended onto the site to provide fire suppression to the buildings. Sanitary sewer will not be utilized by the mini self-storage facility and therefore; will not be extended to the site. Tree Preservation Plan The Certificate of Survey identifies 160 significant trees on site. Sheet L0.0, Tree Preservation & Mitigation Plan identifies the basic use area and non-basic use area. The Plan indicates 26 trees to be removed from the non-basic use area but does not include calculations for mitigation. The plan shall be revised to show mitigation calculations and replacement location. Landscaping Per Sheet L1.0, Landscape Plan, canopy coverage calculations indicate 50,420 sf of vehicular hardscape which requires 20,168 sf of canopy coverage. The plan indicates 20,400 sf of canopy coverage; however, coniferous trees do not provide canopy cover and cannot be counted as such. The most northeast green spire tree is not within 7 feet of the vehicle hardscape and can only receive 300 sf of canopy coverage credit. An 8 foot privacy fence is required along the south boundary of Phase 1. Canopy trees can be planted on either the north or south side of the fence provided they meet the 7 foot distance requirements. Thought should be put into the location of these trees if Phase 2 is to be developed (e.g. maintain open drive lanes etc). The plans shall be revised. Foundation Plantings are not required for the mini-self storage facility. The ordinance allows flexibility for buildings where service areas or other constraints exist. Open Area Landscaping calculations indicate 7,765 sf of open area which requires 4 trees and 12 shrubs. Eight (8) trees are being saved in the open area and 11 shrubs are being planted. The plan is one (1) shrub short. The ordinance requirements are not met. A buffer and landscape screen are required along CSAH 23 (Lake Drive) along the Phase 1 development. The grading and landscape plans show a 6 foot berm measured from the adjacent low floor building elevation with landscaping along the east lot line. The grading plan shall show how the south end of the berm will taper off into the Phase 2 area. The landscape plan shall be revised to show coniferous trees along the berm to provide better screening. An 8 foot high privacy fence shall be required along the south boundary of Phase 1. This will be a temporary screen and can be relocated to the south property line if Phase 2 is developed. The plans shall be revised and fence details provided. Boulevard trees are not required for industrial developments; however, trees are proposed in the boulevard to meet canopy coverage requirements. Any sod areas must be irrigated. Temporary irrigation can be used if a suitable alternative lawn seed or sod is used like a cultivated fescue. 5 Architectural Plans and Exterior Building Materials Per the architectural plans dated July 27, 2018 the proposed buildings are primarily masonry (CMU) exterior with metal doors. The interiors are wood construction with 4/12 pitch asphalt shingled roofs. Pitched roofs as opposed to flat roofs will prevent leaking in the future. Storage unit doors are roll up style which allows for more storage inside the unit. A few of the buildings may be constructed as heated storage by adding radiant in-floor heat with insulated doors and insulated structure. All units will look identical from the outside. Signage A Sign Permit Application and sign plans shall be submitted for any wall or ground mount signage. Impervious Surface Coverage The east portion of the parcel is located in the Shoreland Management Overlay District of Marshan Lake. A maximum of 60% impervious surface is allowed. The remainder of the site allows for 75% impervious surface coverage per the LI, Light Industrial zoning district. Sheet EX3, Shoreland District indicates a total of 3.98 acres (173,499 sf) of impervious surface is allowed for the entire 5.73 acre site. Per Sheet C2.0, Grading Plan (Phase 1), impervious surface is 2.10 acres (95,396 sf). Phase 1 development meets the impervious surface requirements. Sheet EX3, Shoreland District shall be revised to reflect only Phase 1 development data under Site Data. The “Building Area” line item shall also be omitted. Impervious Surface Coverage Total Parcel Size 5.73 acres (249,763 sf) Allowed Impervious Surface 3.98 acres (173,499 sf) Proposed Impervious Surface (Phase 1 only) 2.10 acres (91,476 sf) Public Land Dedication No park land dedication is required. Park fees were paid with the original Marshan Lakes Industrial Park development. Comprehensive Plan Resource Management System The Resource Management System Plan goal of preserving surface water quality is supported by the construction of storm water management BMP’s such as curb, gutter and pre-treatment and infiltration basins. Land Use Plan 6 The Comprehensive Plan guides this property for industrial use. The proposed Lino Lakes Storage is a mini self-storage facility and is consistent with industrial land use. Housing Plan The goals and policies of Housing Plan are not negatively impacted by the Lino Lakes Storage development. Landscape buffers and screens will be required adjacent to the residential development to the east. Transportation Plan Goals of the Transportation Plan are to ensure that street and roads are as safe as possible and to reduce unnecessary traffic. Lino Lakes Storage does not change the level of service along CSAH 23/Lake Drive or Park Court. Customers will egress/ingress the site from Park Court to CSAH 23/Lake Drive. CSAH 23 (Lake Drive) is an “A” minor reliever road and has capacity to handle minimal traffic volumes created by the development. Sanitary Sewer and Water Supply Plan A 12’ sanitary sewer main and 12” water main exist along Park Court and provide public utilities to the site. Sanitary sewer will not be used by the mini self-storage facility. The water supply system has capacity for the development. Environmental Site Assessment An Environmental Assessment Worksheet was completed in July 2003 as part of the original Marshan Lakes Industrial Park. In September 2003, the City Council passed Resolution No. 03-167 Making a Negative Declaration on the Need for an Environmental Impact Statement. Related specifically to the Lino Lakes Storage project at 440 Park Court, Phase I and Phase II Environmental Site Assessments were completed for the applicant. The reports indicate the southern portion of the Phase 2 site had been dumped on many years ago. The dumping consists primarily of construction debris of concrete, dirt and gravel but also mixed with a smaller amount of carpet, padding, clay, and plastic drain tile, ceramic and other tiles, asbestos tiles, and other construction materials. The developers are working with an environmental engineer to submit documents to the MNMPCA for a NAD (No Association Determination), VRP Application (Voluntary Remediation Program), CCP (Contingency Construction Plan) and a RAP (Response Action Plan). Based on the outcomes of those applications the development of Phase 2 will be determined. As previously noted, this site plan review and conditional use permit is only for development of Phase 1, the northern portion of the property. The property owner will have to submit another Land Use Application to amend the conditional use permit to develop Phase 2. 7 Wetlands As part of the original 2003 Marshan Lake Industrial Park development, wetlands located on the west side of parcel were delineated and shown on the final plat. A drainage and utility easement covers the wetland. In May 2018, the applicant had the wetlands re-delineated and RCWD issued a WCA Notice of Decision on June 25, 2018 approving the new wetland boundary shifted to the west. There are no wetland impacts proposed with the Lino Lakes Storage project. The existing drainage and utility easement over the 2003 delineated wetland shall be vacated and a new easement shall be recorded. The City Council will hold the public hearing for the vacation process. Shoreland District As previously discussed, the east portion of the parcel is in the Shoreland District of Marshan Lake (Natural Environment). The amount of impervious surface allowed in the Shoreland District is 60 % and the LI, Light Industrial District is 75%. The impervious surface requirements are met as discussed under Impervious Surface above. Floodplain There are no floodplains located on site. Anoka County Highway Department Staff has distributed materials to Anoka County Highway Department and is awaiting their comments. Stormwater Maintenance Agreement A Declaration for Maintenance of Stormwater Facilities is required. Site Improvement Performance Agreement A Site Improvement Performance Agreement is required. Planning and Zoning Board The Planning & Zoning Board held a public hearing on August 8, 2018. There were no public comments. The Board recommended approval with a 6-0 vote with conditions detailed in Resolution No. 18-103. Findings of Fact Council Resolution No. 18-103 details the Conditional Use Permit Findings of Fact. 8 RECOMMENDATION Staff and the Board recommend approval of the following items: • Resolution No. 18-103 Approving a Conditional Use Permit for Mini Self-Storage Facilities • Resolution No. 18-104 Approving Site Improvement Performance Agreement ATTACHMENTS 1. Aerial Map 2. Site Plan 3. Color Elevations 4. Resolution No. 18-103 5. Resolution No. 18-104 6. Site Improvement Performance Agreement 0 200 400100 Feet §¨¦I-35W 420420 73747374 505505 455455 512512 524524520520 509509 505505 73377337 516516 504504 512512508508 73377337 73957395 73237323 440440 509509 508508 504504 73337333 73407340 513513 SSTTAAGGEECCOOAACCHHTTRRLL4TH AVE4TH AVEPARK CT PARK CT MMAARRSSHHAANN CCTT Aerial MapLino Lakes Storage µLake Drive SHEET:DESIGNED BY:DRAWN BY:DATE:JOB No:REV. BY:REV:DATE:DESCRIPTION COPYRIGHT ~ AMI CONSULTING ENGINEERS P.A. : 2006c I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED UNDER THE LAWS OF THE STATE OF NAME: SIGNATURE: DATE:LIC. No: 8/17/2017 8:31 AM Z:\2017\171194 440 Park Storage\7_CAD\171194 -2.SITE.dwg Consulting Engineers P.A. 3640 TALMAGE CIR. VADNAIS HEIGHTS 651.337.9259 - amiengineers.com SUPERIOR - IRON RANGE ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ___________ ___________ ___________ ___________ ___________ ___________ 440 PARK COURT LINO LAKES MINNESOTA, 5501407/03/2018ECRELI RUPNOW ____________________171194440 PARK STORAGE LINK LAKES MINI, LLC C2.0---- SITE PLAN PHASE I+IICJO ___________Know what'sbelow.before you dig.CallRSITE DATA3060CIVIL SITE LEGEND:GENERAL GEOMETRIC AND PAVING NOTES:SIGNAGE AND MARKING NOTES:KEY NOTES 1 CITY OF LINO LAKES RESOLUTION NO. 18-103 RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR MINI SELF- STORAGE FACILITIES (LINO LAKES STORAGE-440 PARK COURT) WHEREAS, the City received a land use application for a mini self-storage facility for Lino Lakes Storage located at 440 Park Court and hereafter referred to as “Development” ; and WHEREAS, the property is zoned LI, Light Industrial and allows for such uses with a conditional use permit; and WHEREAS, the legal description of the subject property is Lot 4, Block 1, Marshan Lake Industrial Park; and WHEREAS, City staff has completed a review of the proposed mini self-storage facility based on the following plans: • 7/3/2018: Plan Set, prepared by AMI • 7/3/2018: Tree Preservation & Mitigation Plan, prepared by AMI • 7/27/2018: Architectural Plans and Color Elevations, prepared by Robert D. Johnson Architect • 1/11/2018: Environmental Site Assessment Phase II, prepared by American Engineering Testing, Inc. • 1/8/2018: Environmental Site Assessment Phase I, prepared by American Engineering Testing, Inc. • 10/4/2017: Report of Geotechnical Exploration, prepared by ITCO Allied Engineering Company • 7/3/2017: Storm Water Management Plan, prepared by AMI • Narrative, prepared by Amaris Development, LLC • 8/25/2017: Certificate of Survey, prepared by E.G. Rud & Sons, Inc. WHEREAS, a public hearing was held before the Planning & Zoning Board on August 8, 2018, and the Board recommended approval of the conditional use permit. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: a) Land Use Plan. 2 b) Transportation Plan. c) Utility (Sewer and Water) Plans. d) Local Water Management Plan. e) Capital Improvement Plan. f) Policy Plan. g) Natural Environment Plan. The mini self-storage facility is consistent with the Land Use, Utility, Local Water Management, Capital Improvement, Policy and Natural Environmental Plans and recommendations of the comprehensive plan as detailed in the August 8, 2018 Planning & Zoning Board staff report. 2. The proposed mini self-storage facility application is compatible with present and future land uses of the area. The proposed mini self-storage facility is compatible with present and future land uses with conditions being met in staff report. The property to the west is zoned PSP, Public and Semi-Public, and are guided for civic/institutional. Other properties to the north and south are also zoned LI, Light Industrial and are guided for industrial use. Properties to the east are zoned, R-2, Two Family and are guided for low density residential. The current land use to the north and south is industrial. The property to the west is owned and used by Centennial School District. The properties to the east are single family homes. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. A Site Plan Review has been completed and the proposed mini self-storage facilities will meet zoning performance standards if conditions listed in staff report are met. 4. Traffic generated by a proposed development application is within the capabilities of the City when: a. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. b. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C. c. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D. d. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. 3 e. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. g. The LOS requirements in paragraphs a. to d. above do not apply to the I- 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties that contribute to traffic at the interchange. h. The City does not relinquish any rights of local determination. Lino Lakes Storage does not change the level of service along CSAH 23/Lake Drive or Park Court. CSAH 23 (Lake Drive) is an “A” minor reliever road and has capacity to handle minimal traffic volumes created by the development. 5. The proposed development shall be served with adequate and safe water supply. The site is currently served by municipal water. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The site is currently served by municipal sanitary sewer; however, the mini self- storage facility does not require sanitary sewer service. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. No City funds are being expended on this project. 8. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. 4 The proposed mini self-storage facility is an allowed use within the LI, Light Industrial Districts with an approved conditional use permit. The project will not generate excessive traffic, noise, smoke, fumes, glare or odors. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. There are no natural, scenic or historic features on the existing site. BE IT FURTHER RESOLVED by The City Council of Lino Lakes in addition to the administrative requirements of a conditional use permit, the following specific performance standards of Section 1007.120 (9) must also be met: (d) Mini self-storage facilities provided that: 1. No single building shall be greater than one hundred fifty (150) feet in length. No single building on the property exceeds 150 feet in length. The longest building is 110 feet. 2. If an “on-premises” caretaker dwelling unit is provided on site, construction of said dwelling unit shall conform to all design standard regulations for multiple family dwelling units of the Minnesota State Building Code. There is no “on premises” caretaker dwelling unit provided on site. 3. No retailing, wholesaling, manufacturing, repair, or other such activity other than storage is to occur within the mini self-storage facility. There will be no retailing, wholesaling, manufacturing, repairing or other such activity other than storage that is intended to occur within the mini self-storage facility. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit for mini self-storage facilities for Lino Lakes Storage located at 440 Park Court subject to the following conditions: • The Conditional Use Permit approval is for development of Phase 1 (north portion) only as depicted on Sheet C2.0, Site Plan. • A separate and complete Land Use Application to amend the conditional use permit to development Phase 2 (south portion) shall be required. • The City makes no representation that Phase 2 will be approved with the approval of Phase 1. • No open and/or outdoor storage is allowed on site. 5 BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the conditional use permit subject to the following requirements: 1. All comments from the City Engineer letter dated August 2, 2018 shall be addressed. 2. All comments from the Environmental Coordinator letter dated August 2, 2018 shall be addressed. 3. All comments from the Anoka County Highway Department letter to be provided at a later date shall be addressed. 4. The applicant shall provide a narrative and access/clean-up plan to Phase 2 area indicating how vehicle and equipment access needed for potential contamination clean-up will be obtained. a. Direct access to/from CSAH 23 (Lake Drive) will not be allowed. b. A gate along the 8 foot privacy fence may be required. 5. A RCWD permit is required. 6. A Site Improvement Performance Agreement shall be approved by City Council. 7. All Plan Sheets (civil, landscaping, architectural etc.): a. CSAH 23 (Lake Drive) and Park Court shall be labeled on all plan sheets. b. Show consistent Phase 1 and future Phase 2 development. i. For example, Sheet A1 shows “Future Outdoor Parking” on the south end which is not allowed. Other plan sheets show buildings. c. Use Certificate of Survey as the base and include entire parcel i. For example, C2.0 shall include the west lot line. d. Revision dates shall be included. 8. AutoCAD file 9. Site Plan Worksheet: a. Items highlighted in “red” shall be addressed. 10. Sheet C2.0, Site Plan a. An 8 foot wood privacy fence shall be required along the Phase 1 south boundary. b. Details for the 8 foot wood privacy fence shall be provided. c. The required principal building street setback along CSAH 23 (Lake Drive) is 50 feet. d. The required parking lot setback along Park Court is 15 feet. e. A minimum 24 foot wide drive aisle is required between buildings and lot lines. i. Please note all widths on site plan. f. Each building should be numbered and consistent with Sheet A1, Site Plan. 11. Sheet C2.0, Site Plan Phase I + II a. Plan sheet shall be renumbers to avoid confusion between C2.0 Site Plan and C2.0 Site Plan I+II. 12. Sheet C2.1, Site Plan: a. Sheet shall be titled Site Plan Details. b. Please provide fence/gate details for key card access gate. 13. Sheet C3.0, Grading Plan: a. The grading plan shall show how the south end of the berm tapers off into Phase 2. 14. Sheet C4.Utility Plan: 6 a. Existing water main and sanitary sewer main along Park Court shall be shown. 15. Sheet EX3, Shoreland District: a. The plan shall be revised to reflect only Phase 1 development data under Site Data. b. The “Building Area” line item shall also be omitted. 16. Sheet L0.0, Tree Preservation & Mitigation Plan: a. Mitigation calculations and replacement tree location shall be shown. b. The scale bar is not correct and shall be revised. 17. Sheet L1.0, Landscape Plan a. An irrigation plan shall be submitted. b. Coniferous trees do not provide canopy cover and cannot be counted as such. c. The most northeast green spire tree is not within 7 feet of the vehicle hardscape and can only receive 300 sf of canopy coverage credit. d. An 8 foot privacy fence is required along the south boundary of Phase 1. i. Canopy trees can be planted on either the north or south side of the fence provided they meet the 7 foot distance requirements. ii. Fence details shall be provided. e. Open area landscaping is short by one (1) shrub. f. More coniferous trees shall be planted along the berm to provide better screening. g. The berm cross section shall show a 6 foot berm. h. The scale bar is not correct and shall be revised. 18. Sheet CLR1, Colored Elevations: a. The architectural scale shall be corrected. 19. Sheet A1, Site Plan: a. Plan sheet shall be consistent with Sheet C2.0, Site Plan (civil plan sheet) and no “Future Outdoor Parking” shown. Adopted by the Council of the City of Lino Lakes this 10th day of September, 2018. 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. 18-104 RESOLUTION APPROVING A SITE IMPROVEMENT PERFORMANCE AGREEMENT WITH LINO LAKES STORAGE (440 PARK COURT) WHEREAS, the City has completed the review of the site and building plan for mini self- storage facilities located at 440 Park Ct; and WHEREAS, the parcel is legally described as Lot 4, Block 1, Marshan Lake Industrial Park; and WHEREAS, Section 1007.020(5)(d) of the Lino Lakes Zoning Ordinance requires the execution of a site performance agreement prior to issuance of a building permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Site Improvement Performance Agreement between the City of Lino Lakes and Lino Lakes Mini, LLC is hereby approved and the Mayor and City Clerk are authorized to execute such agreements on behalf of the City. Adopted by the Council of the City of Lino Lakes this 10th day of September, 2018. 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 Lino Lakes Storage Site Performance Agreement page 1 of 10 CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this _______ day of _______________, 2018, is by and between the City of Lino Lakes, a municipal corporation organized under the laws of the State of Minnesota, and Lino Lakes Mini, LLC (“Developer”). WHEREAS, the Developer has received approval of Site Development Plans, hereinafter called the "Plans", by the City of Lino Lakes on the 27th day of August, 2018, and in accordance with the Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property") described as follows: LOT 4 BLOCK 1 MARSHAN LAKE INDUSTRIAL PARK, SUBJ TO EASE OF REC NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: I. DESIGNATION OF IMPROVEMENTS. A. Improvements on the project site to be installed at the Developer’s expense by the Developer as hereinafter provided are hereinafter referred to as “On-site Work”. B. Improvements off the project site to be installed at the Developer’s expense, if any, by the Developer as hereinafter provided are hereinafter referred to as “Off-Site Work”. C. Developer shall enter into a Declaration for Maintenance of Stormwater Facilities. II. ON-SITE WORK. A. On-Site Work. The On-site Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The Work includes all on-site exterior amenities as shown on the approved Plans and as required by the plan approval, such as, but not limited to: landscaping, private driveways, parking areas, sanitary sewer extension, water system extension, storm drainage systems, curbing, lighting, fencing, fire lanes, sidewalks, exterior building architectural design and building elements, site grading and erosion control measures. Lino Lakes Storage Site Performance Agreement page 2 of 10 Such improvements shall be completed in accordance with Section IV herein. B. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the On-Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The description and estimated cost of Developer's On-site Work are as follows: Description of Improvements Estimated Costs 1. General $ 17,500.00 2. Fences / Screen Structures $ 34,217.00 3. Site Demolition $ 16,431.80 4. Storm Drainage Systems / Sewers / Catch Basins / Culverts / Swales / Watermain $ 36,670.00 5. Erosion Control $ 5,624.00 6. Driveway / Curb cut / Parking Lot / Fire Lane $144,791.00 7. Site Grading $ 88,360.00 8. Landscaping $ 48,000.00 9. Lighting $ 16,000.00 10. Contingency $ 51,539.07 Total Estimated Cost of Developer Improvements $459,132.87 Security Requirement (Total * 35%) $160,696.50 III. DEVELOPER FEES A. Trunk Sanitary Sewer Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk sanitary sewer infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. The Sanitary Sewer Trunk Charge is $1,505.00 per unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Lino Lakes Storage Site Performance Agreement page 3 of 10 Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). City Sewer (CSAC) $1,408.00 Per SAC Unit Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. B. Trunk Water Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk water infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. The Water Trunk Charge is $2,162.00 per unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). City Water (CWAC) $1,360.00 Per SAC Unit. C. Surface Water Management Area Charges The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on developable acreage, in the amount specified in Exhibit C. Lino Lakes Storage Site Performance Agreement page 4 of 10 Fee 1. Sanitary Sewer Trunk Unit Fee ($1,505/unit; 2.92 units/Acre) Paid w/Plat 2. City Sewer Availability Fee ($1,408/SAC Unit) No Connection 3. Water Trunk Unit Fee ($2,162/unit; 2.92 units/Acre) Paid w/Plat 4. City Water Availability Fee ($1,360/SAC Unit) $1,360.00 5. City Surface Water Management Fee Paid w/Plat Total Estimated (Budget) Developer Fees $1,360.00 IV. RECORD DRAWINGS a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including grading, sanitary sewer, water main, storm sewer facilities, and roads, constructed by Developer. The as-built survey must include, but is not limited to, proposed and final contours with adequate elevation shots to show conformance, property irons (to be exposed in field), low floor and low opening elevations, and the 100-Year High Water Level (HWL) of all ponds, lakes, and wetland areas. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. The Developer shall also submit certified compaction testing results for the site grading operations. b. A summary of the record plan attribute data for the storm sewer, water main, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. c. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. IV. COMPLETION DATE. If the activities authorized by site and building plan approval are not initiated within twelve (12) months from the final execution of this agreement, then Developer will need to start the site and building plan approval process from the beginning. V. GUARANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash Lino Lakes Storage Site Performance Agreement page 5 of 10 deposit, certified check, or Irrevocable Letter of Credit, based on thirty- five (35%) percent of the total estimated cost of Developer's On-site Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract, construction of all required improvements in accordance with the ordinances and specifications of the City and guarantees the workmanship and materials for the landscape improvements for a period of one year following the City’s acceptance of the landscape improvements. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract, if Developer has been found to be in default of this agreement and only after providing Developer with written notice and opportunity to cure any default. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless sixty (60) days prior to such the City Clerk or Administrator is notified in writing by certified mail or overnight mail that the Letter of Credit will not be renewed. B. Upon written request, The City will grant a reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The Developer may make such requests three times throughout the life of this agreement, with the third and/or final request being at the completion of the project. The City will respond to such request within 30 days time. Prior to the final acceptance of the Developer’s Improvements the City shall require a Letter of Credit or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be agreed to by the City Engineer and Developer and Developer may use the Letter of Credit discussed in Section V.A above. VI. REIMBURSEMENT OF COSTS. A. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the On-site Work, including, but not limited to, the following: 1. Site Plan Review Fee $ 3,500.00 2. Administration $11,800.00 (Legal, Engineering, Planning and Contract Administration) 3. Negative Short Term Escrow Balance $ 0.00 Total Estimated (Budget) Costs for Escrow Account $15,300.00 B. If it appears that the actual costs incurred will exceed the estimate or that the actual costs incurred will be less than the estimate, then Developer and Lino Lakes Storage Site Performance Agreement page 6 of 10 City shall review the costs required to complete the project. In such case, if the actual costs exceed the estimate, then Developer shall promptly pay the additional sums to the City to pay for the agreed upon increase. However, in such case where the actual costs are less than the estimate, the City shall promptly reimburse to Developer any amounts overpaid by the Developer. The Developer may request a statement of the account each month for review. C. Intentionally Deleted. VII. REMEDIES FOR BREACH A. The City shall give prior written notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within twenty (20) days after receipt of such written notice to it, the Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured, the City will proceed with the remedy it deems reasonably appropriate. B. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses reasonably incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may in writing direct the surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time reasonably acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. 2. Completion by the City. The City, after written notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work; provided that all such work is performed in a reasonable manner, the costs are reasonable and the work is completed in a good and workman-like manner and in accordance with the approved plans and specifications. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. Lino Lakes Storage Site Performance Agreement page 7 of 10 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal to the reasonably estimated cost of completing the Work, plus the City's reasonably estimated expenses as defined herein, including any other reasonable costs, expenses, and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any reasonable costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be promptly returned to the Developer. VIII. OCCUPATION OF PREMISES The Developer agrees that it will not cause to be occupied any portion of the building or improvements to be constructed upon the premises until completion of the building and site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. IX. INSURANCE Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor’s work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. Lino Lakes Storage Site Performance Agreement page 8 of 10 X. REIMBURSEMENT FOR LITIGATION EXPENSES The City and Developer agree that the prevailing party in any litigation pertaining to the enforcement of this Agreement shall be entitled to reimbursement from the non-prevailing party for all reasonable costs incurred by said prevailing party including court costs and reasonable engineering and attorneys' fees. XI. VALIDITY If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. XII. GENERAL A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. D. Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or (i) mailed by United States mail by certified mail (return receipt requested)or (ii) sent by nationally recognized overnight carrier to the addresses hereinbefore set forth on Page 1 . Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail or the overnight carrier in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notices given as above. E. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. F. Hours of Construction Activity. Construction activity shall be limited to the hours set out as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed Lino Lakes Storage Site Performance Agreement page 9 of 10 XIII. VIOLATIONS/BUILDING PERMITS In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer, the City, at its option, and after providing written notice and opportunity to cure to Developer in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and/or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. DEVELOPER CITY OF LINO LAKES By _________________________ By _________________________ Lino Lakes Mini, LLC Mayor ATTEST: By_________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2018, by Jeff Reinert as Mayor of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2018 by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public Lino Lakes Storage Site Performance Agreement page 10 of 10 STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _______ day of _______________, 2018, before me, a Notary Public within and for said County, personally appeared, _______________________________, who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 1 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Diane Hankee PE, City Engineer MEETING DATE: September 10, 2018 TOPIC: PUBLIC HEARING: Consider 1st Reading of Ordinance No. 11-18, Vacating Drainage & Utility Easement, 440 Park Court VOTE REQUIRED: 4/5 INTRODUCTION Staff is requesting City Council consideration of the 1st Reading of Ordinance No. 11-18, vacating a portion of the drainage and utility easements originally dedicated on Lot 4, Block 1, Marshan Lake Industrial Park, Anoka County, Minnesota. BACKGROUND 440 Park Court is the future site for Lino Lakes Storage. The applicant is requesting a portion of the existing drainage and utility easement be vacated and replaced by a new drainage and utility easement boundary for a future pond. The easement proposed to be vacated was originally over a wetland. An approved wetland delineation was performed with the Lino Lakes Storage project showing this area is no longer a wetland and thus can be vacated. The Drainage and Utility Easement Vacation Description Sketch prepared by E.G. Rud & Sons, Inc. on July 26, 2018 detailing the proposed drainage and utility area to be vacated is enclosed. The second reading of the ordinance is scheduled for September 24, 2018. RECOMMENDATION Staff is recommending approval of the 1st Reading of Ordinance No. 11-18 Vacating Drainage & Utility Easement, 440 Park Court. ATTACHMENTS 1. Ordinance No. 11-18 2. Drainage and Utility Easement Vacation Description Sketch 1 1st Reading: 9/10/2018 Publication: 2nd Reading: 9/24/2018 Effective: CITY OF LINO LAKES ORDINANCE NO. 11-18 ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT (440 Park Court) The City Council of Lino Lakes ordains: Section 1: Findings of Fact 1. The City Council of Lino Lakes has determined to vacate a portion of the drainage and utility easement dedicated on Lot 4, Block 1, Marshan Lake Industrial Park, as shown in Exhibit A; and 2. A public hearing was held on September 10, 2018 before the City Council in the City Hall Council Chambers after due published and posted notice had been given and reasonable attempts were made to give personal notice to all affected property owners, and all persons interested were given an opportunity to be heard; and 3. It appears to be in the best interest of the City to vacate such drainage and utility easements; and 4. The Drainage and Utility Easement Vacation shall be recorded through Anoka County Recorder’s Office; and 5. Four-fifths of all members of the City Council concur with this ordinance. Section 2: Easement Vacated The drainage and utility easement described herein is hereby vacated: “Commencing at the southwest corner of said Lot 4; thence South 89 degrees 54 minutes 51 seconds East, assumed bearing along the south line of said Lot 4, a distance of 51.92 feet; thence North 02 degrees 36 minutes 44 seconds West along said drainage and utility easement, a distance of 71.57 feet; thence North 10 degrees 30 minutes 08 seconds East along said drainage and utility easement, a distance of 187.90 feet; thence North 89 degrees 03 minutes 53 seconds East along said drainage and utility easement, a distance of 97.57 feet to the point of beginning of the easement to be vacated; thence continuing North 89 degrees 03 minutes 53 seconds East along said drainage and utility easement, a distance of 104.84 feet; thence North 26 degrees 11 minutes 38 seconds West along said drainage and utility easement, a distance of 119.00 feet; thence North 87 degrees 47 2 minutes 15 seconds West along said drainage and utility easement, a distance of 54.32 feet; thence South 01 degrees 01 minutes 36 seconds East 110.61 feet to the point of beginning.” Section 3: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter and upon filing of the Drainage and Utility Easement Vacation for 440 Park Court. Adopted by the Lino Lakes City Council this 24th day of September, 2018. 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 1 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: September 10, 2018 TOPIC: Eastside Villas i. Consider First Reading of Ordinance No. 12-18 Rezoning Property from R, Rural to PUD, Planned Unit Development ii. Consider Resolution No. 18-109 Approving PUD Development Stage Plan/Preliminary Plat VOTE REQUIRED: 3/5 INTRODUCTION The applicant, Hokanson Construction & Development Co. Inc., submitted a land use application for Eastside Villas. The proposed residential development is a 32 single family lot subdivision located east of NorthPointe and west of I-35E. It contains one parcel totaling approximately 10 gross acres. The applicant is proposing 1,450+ sf single-level living, slab on grade villas on 50 foot wide lots. The development is a continuation of the existing NorthPointe 6th Addition 50 foot wide lot, single level living neighborhood that was constructed by Tony Emmerich Construction, Inc. and Eternity Homes, LLC in 2014. The Land Use Applications are: • Rezone property from R, Rural to PUD, Planned Unit Development • PUD Development Stage Plan • Preliminary Plat A summary of the proposed PUD standards are summarized below under Zoning Requirements. This staff report is based on review the following plan sets and documents: • 6/12/2018: Storm Design Spreadsheet and Map, prepared by Carlson McCain • 7/9/2018: Preliminary Plan, prepared by Carlson McCain • 7/9/2018: Stormwater Management Plan, prepared by Carlson McCain • 7/9/2018: Tree Inventory Report, prepared by Carlson McCain • 7/9/2018: Traffic Noise Assessment, prepared by David Braslau Associates, Inc. • 7/31/18: Traffic Assessment prepared by Spack Consulting 2 BACKGROUND Existing Site Conditions The 10 acre gross acre site is addressed 2182 Cedar Street and is located east of NorthPointe and west of I-35E. The site consists of a single family house, accessory buildings, open tilled areas, undeveloped woodland and wetlands. The house and accessory buildings will be removed. The existing septic system shall be removed and well capped. Topography is generally flat with highest elevation at 922 ft. (north end) and lowest elevation at 914 ft. (south end). Soils are clean fine to medium grain sand and are classified as hydrologic groups HSG A, B and C. Groundwater was encountered at depths ranging from 2 to 4.5 feet. Zoning Current and Proposed Zoning The property is currently zoned R, Rural and will be rezoned to PUD, Planned Unit Development to allow for flexibility from the R-2, Two Family Residential standards in order to support this type of single level life-cycle housing. This is consistent with the NorthPointe 2nd and 6th developments. A summary of the proposed PUD standards are summarized below under Zoning Requirements. Current Zoning R, Rural Proposed Zoning PUD, Planned Unit Development Current Land Use Rural Residential 2030 Future Land Use Medium Density Residential (4.0 to 5.9 units per acre) Utility Staging Area 1A=2008-2015 Density The site is guided for medium density residential development which requires a density of 4.0 to 5.9 units per acres. The proposed net density is 4.0 units per acre which is consistent with the Comprehensive Plan’s guided land use and density. Wetlands, parks and open space make up 2 acres (20%) of protected open space. The following chart implements Met Council’s formula for calculating net density. Gross Area (acres) 10.00 Wetlands & Water Bodies (0.99) Public Parks & Open Space (1.01) 3 Arterial ROW 0.00 Other 0.00 Net Area (acres) 8.00 # of Units 32 Gross Density (units/acre) 3.20 Net Density (units/acre) 4.00 It should be noted the plan sheets do not include the Wetland Buffer Area on Outlot A. The chart above correctly includes this area. The plan sheets shall be revised accordingly. Surrounding Zoning and Land Use Direction Zoning Current Land Use Future Land Use North LI, Light Industrial Agricultural Industrial South PUD Public Park Medium Density Sewered Residential East R-1, Single Family Single Family Residential Low Density Sewered Residential West PUD Single Family Residential Medium Density Sewered Residential Zoning Requirements The property will be rezoned to PUD, Planned Unit Development to allow for the following flexibilities from the R-2, Two Family Residential District standards: • Reduced corner lot “side” setback from 25 feet to 20 feet • Reduced side setback from 10 feet (principal building) and 5 feet (accessory building) to 5 feet (both principal and accessory buildings) • Reduced road right of way from 60 feet to 50 feet • Reduced lot width from 60 feet (interior lots) and 80 feet (corner lots) to 50 feet (interior lots) and 65 feet (corner lots) • Reduced lot depth from 125 feet to 110 feet • Reduced lot size from 7,500 sf to 5,500 sf. The PUD, Planned Unit Development, also establishes the following architectural design standards: 4 • All single family dwelling and garage elevations shall include a variation in exterior building materials such as brick, stone, rock face, concrete block, wood, stucco, vinyl, steel, fiber cement and aluminum siding. • All single family dwellings shall have a minimum 22 foot wide double garage and shall comply with the following: o Compliance with the Building Type and Construction Standards of §1007.043 (2), and o No garage shall not protrude forward of the front wall of the house, unless the house includes a front porch that is unenclosed, a minimum of 6 feet in depth, and extends across 100 percent of the front façade of the house. The garage shall then not protrude forward of the front porch, and o The length of the garage wall facing the street shall not be greater than fifty-five percent (55%) of the length of the entire front facade of the structure; and o The garage doors are decorative and have a strip of windows; and o Garages in excess of two stalls shall be broken up so the additional stalls are recessed two feet from the main garage façade; and o Garage width does not exceed 32 feet; and This is consistent with NorthPointe 2nd and 6th Addition developments. The regulations and performance standards of the R-2, Two Family Residential zoning district will be in effect unless otherwise stated in Council resolution or Development Agreement. Standard R-2 Requirements NorthPointe 2nd & 6th Eastside Villas Min. Lot Size 7,500 sf Ave. 5,500 sf Ave. 7,973 sf (5,789-17,998 sf)1 Min. Lot Width -Interior Lot 60 ft 50 ft 50 ft1 -Corner Lot 80 ft 65 ft 65 ft1 Min. Lot Depth 125 ft 110 ft 116 ft1 Double Frontage Lots 135 ft NA 135 ft Building Setback -From Streets --Local Street 25 ft 25 ft 25 ft --Collector or Arterial 40 ft 40 ft 40 ft --Corner lot 25 ft 20 ft 20 ft1 -Rear --Principal 25 ft 25 ft 25 ft --Accessory 5 ft 5 ft 5 ft -Side 5 --Principal 10 ft 5 ft 5 ft1 --Accessory 5 ft 5 ft 5 ft --Corner lot 25 ft 20 ft 20 ft1 Buffer 15’ if side or rear lot abuts collector or arterial street NA 15 ft required along I-35E and Cedar Street 1PUD flexibility required Building Type and Construction The proposed house plans are single level, slab on grade with 2 bedrooms and flex room. Two different floor plans are proposed. Plan A has 1,489 sf of floor area with optional sunroom and Plan B has 1,458 sf of floor area. Standard R-2 floor area requirements for 2 bedroom ramblers are 1,110 sf. This requirement is met. Exterior materials include Georgia Pacific vinyl siding, shakes, board and batten, stone veneer base and cedar trimmed posts. The garage doors are decorative steel panel with windows. The submitted color palette indicates 4 different earth tone colors (green, blue, grey and brown) for the siding and shakes. White trim is also proposed. The PUD exterior material and garage requirements are met. Per Section 1007.042(5)(b)1.e., air conditioning or heating equipment shall be five (5) feet from any rear lot line and ten (10) feet from any side lot line. No encroachment shall be permitted in existing or required drainage and utility easements. For Eastside Villas, air conditioning equipment shall be located in the rear yards. At the time of building permit, each individual single family dwelling unit will be reviewed for compliance with Section 1007.043(2)(a) General Building Provisions, the R-2, Two Family Residential and PUD, Planned Unit Development requirements regarding floor area, garage and design and construction standards. Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code The preliminary plat is consistent with the comprehensive plan for medium density residential development. The PUD provides flexibility from the strict standards of the zoning ordinance. Blocks and Lots The preliminary plat has 32 single family lots and 1 outlot. The outlot is for a stormwater pond, trail and delineated wetland area. The outlot will be deeded to the City. Streets and Alleys 6 Street A road right-of-way width is 50 feet and the paved roadway width is 28 feet back to back. This is consistent with NorthPointe 2nd and 6th Addition. Approximately 7 feet of road right-of-way is being dedicated along Cedar Street to create a full 80 foot wide road right-of-way corridor. Per the City’s Transportation Plan, an overpass on Cedar Street is proposed over I-35E in the future. Staff will further analyze street naming to determine if Butternut Street and Dogwood Street names should extend into the plat. Easements Standard drainage and utility easements at least 10 feet wide are provided along all lot lines. A 20 foot wide easement is dedicated along the I-35E and Cedar Street covering the berms, landscaping and drainage. A drainage and utility easement shall be dedicated over all of Outlot A. Storm Water Management and Erosion and Sediment Control Per the July 9, 2018 Stormwater Management Plan, the site will include approximately 3.9 acres of new impervious surfaces including the streets, sidewalks, paths, driveways, and rooftops. Pond 500 located in NorthPointe 5th Addition will be enlarged as a part of the development. The majority of the improved impervious areas will be collected in storm sewers and discharged into Pond 500. Some back yards will discharge directly to the pond, to the wetland or to the I-35E right of way ditch. Ultimately, all of the site runoff will flow to ACD 3. The developer is proposing to development the site in two phases. Staff is recommending the site will be mass graded and developed in one (1) phase. The developer can final plat in two phases but grading, street and utilities construction shall occur at once. Utilities Public water, sanitary and storm sewer utilities will be installed within the development. Sanitary Sewer An 8” sanitary sewer pipe will extend from NorthPointe along Dogwood Street and serve the site. Watermain An 8” watermain will extend from NorthPointe along Dogwood Street and serve the site. Public Land Dedication 7 The City will require cash in lieu of land dedication. NorthPointe Park abuts the development to the south and serves this area. An 8.5 foot wide bituminous trail will extend south of Street A and connect to the existing trail in NorthPointe Park. Credit will be given for trail construction costs only. No credit will be given for land dedication. Eastside Villas 32 lots x $3,000 = $96,000 -Trail Construction Cost TBD Tree Preservation The goal of tree preservation is to minimize unnecessary loss of habitat, biodiversity and forest resource and to replace removed trees in areas where tree cover is most critical. The Tree Inventory Report dated July 9, 2018 identifies 265 significant trees on site. Per the Environmental Coordinator, approximately 116 are green ash trees and should be removed due to Emerald Ash Borer concerns. Of the remaining 149 significant trees, approximately 25 trees will be saved and 124 will be removed. Sheet T1, Tree Preservation Plan identifies the basic use area and environmentally sensitive areas. No trees are being removed within the natural resource conservation or protected area. Twenty-two (22) trees are being removed from the non-ESA and non-basic use areas. This requires the need for 24 replacement trees for mitigation which are provided throughout the development. Landscaping Open area landscaping standards required 1 large tree and 3 large shrubs per 2,000 sf. Per Sheet L1, Landscape Plan, there is 54,016 sf of open area requiring 27 overstory trees and 81 large shrubs. This square footage seems high. Only the area above the normal water level of the storm pond to the wetland boundary needs to be calculated. The applicant shall provide an exhibit showing the open space area, calculations and compliance. Buffer and landscape screening is required along both I-35E and Cedar Street. Sheet 5, Preliminary Grading & Erosion Control Plan shows a 2 foot berm along I-35E. The top of the berm is at a 924 elevation. Sheet L2, Landscape Plan shows a 10 foot high wood privacy fence on top of the berm. This provides a 12 foot high total screen at a 934 elevation; however, the Traffic Noise Assessment dated July 9, 2018 recommends an earth berm and solid wood fence with a top Elevation 936. The berm and/or fence along I-35E shall be increased by 2 feet. The applicant shall also verify the height of the fence. The plan sheet references both an 8 foot and 10 foot tall fence. Trees and shrubs are shown along the west side of the fence in accordance with the landscaping ordinance. Cedar Street is a minor collector road and shall include a 15 foot wide buffer with a minimum 6 foot high berm and 6 foot high wood privacy fence. Trees and shrubs are required per ordinance. Boulevard trees are required at the rate of one (1) tree per lot frontage for single family. There are 32 single family lots and 36 boulevard trees are proposed which is compliant with the ordinance. 8 Alternative Urban Areawide Review (AUAR) The site is within the 2005 I-35E Corridor AUAR as amended. Eastside Villas is consistent with development Scenario 1 for medium density residential. The City Environmental Coordinator and WSB reviewed the proposed development and determined it is compliant with the AUAR mitigation plan. Traffic Study A Traffic Impact Study was prepared by Westwood in 2013 for the original NorthPointe development and it concluded that intersections at CSAH 54 (20th Avenue) and Cedar Street would operate at a Level of Service A. Northbound and southbound turn lanes were constructed on CSAH 54 (20th Avenue). A separate Traffic Assessment was prepared by Spack Consulting on July 31, 2018 specific for Eastside Villas. The development is expected to generate 300 new daily trips. The level of service along 20th Avenue goes from B to C. The level of service along Cedar Street remains at an A. These are acceptable levels per the City’s subdivision ordinance. In summary, the traffic from Eastside Villas is not anticipated to cause significant impacts on any of the surrounding intersection in such a way that mitigation would be required. Wetlands Per the Wetland Delineation Report dated May 17, 2018, two (2) wetlands were identified and delineated on site totaling 0.99 acres. Wetland 1 is a Type 1 wet meadow wetland located in the southeast portion of the site. There are no wetlands impacts to Wetland 1. Wetland 2 is an excavated Type 1 incidental wetland/road ditch along Cedar Street and will be filled. This does not require mitigation. The project area is not located within the Lino Lakes Comprehensive Wetland Protection and Management Plan (CWPMP). The applicant shall submit a WCA Notice of Decision regarding the approved delineated wetland. Rare & Endangered Species Per the August 1, 2018 Environmental Board staff report and supported by the AUAR, there are no rare and /or unique features on the site. Floodplain The 2015 DFIRM indicates Zone A floodplain in the southeast corner of the site near the wetland. In August 2016, a Letter of Map Revision (LOMR) was obtained for the NorthPointe development establishing a 915 base flood elevation for Pond 500. No impacts to the floodplain are proposed with the Eastside Villas project. Comprehensive Plan Resource Management System Plan 9 The Resource Management System Plan provides the conservation design framework for the Comprehensive Plan and sustainable decisions regarding growth and development. It provides a unified system approach to natural resource management and natural resource based amenities. Goals of the Resource Management System Plan include: • Natural Resources and Amenities o Goal #1: Identify, protect and preserve the desirable natural areas and ecological and aquatic resources of the community. o Goal #2: Initiate and continue vigorous collaborations and programs to address, restore, and preserve the water quality of the region’s lakes, wetlands and other aquatic assets. • Land Use Policies o Goal #1: Ensure that well-planned, quality residential, commercial, industrial and institutional development to accommodate the city’s projected growth needs occurs in a manner that also conserves and enhances the city’s natural resources and amenities. The Resource Management System Plan identifies a neighborhood park and greenway system in the NorthPointe development, south of Eastside Villas. Eastside Villas supports the goals of the Resource Management System by enhancing the multi-functional greenway corridor by integrating the stormwater management system, wetland and open space areas and trail corridor into one contiguous unified system. Land Use Plan Goal 1: Create a unified vision and future for the city, promote a well-planned community, prevent fragmented development, address the impacts of development and redevelopment on natural resources, aesthetics and view corridors, and provide balanced land use and connectivity that ensures the integration of both sides of the regional park. Policies established to obtain this goal include: 1. Provide clearly defined incentives to achieve significant and discernable public values not achievable under conventional development standards. These public values include, but are not limited to: a. Preserving open space, providing park dedication and trails, and/or providing stormwater management areas, in excess of minimum standards to implement the Resource Management System Plan, as amended, and Rice Creek Watershed District’s Lino Lakes Resource Management Plan, as amended b. Restoring/enhancing ecological systems c. Managing stormwater using natural filtration and other ecologically based approaches d. Providing life-cycle and affordable housing e. Diversifying the tax base to lessen the tax burden on residential properties 10 f. Providing infrastructure that benefits community beyond the project site that would otherwise not be financially feasible 2. Identify and define incentives offered to developers for achieving specific public values not achievable under conventional development standards. These incentives may include, but are not limited to: a. Reduced street and right-of-way widths b. Trunk utility and stormwater management fee credits c. Staging plan flexibility 3. Encourage master planning to accomplish the objectives of the Comprehensive Plan including, but not limited to, implementing the Resource Management System Plan, as amended, implementing Rice Creek Watershed District’s Lino Lakes Resource Management Plan, as amended, providing life-cycle housing, and diversifying the city’s tax base. As previously discussed, the site is guided for medium density residential development which requires a density of 4.0 to 5.9 units per acres. The proposed net density is 4.0 units per acre which is consistent with the Comprehensive Plan’s guided land use and density. Eastside Villas meets the land use goals by connecting to the NorthPointe residential subdivisions and preventing fragmented development. It also creates a residential subdivision that supports public values by integrating the stormwater conveyance systems, wetland and open space areas and trail corridor into a multi-functional greenway corridor. The development implements the Resource Management Plan, provides life-cycle housing, promotes pedestrian connectivity and diversifies the city’s tax base. Housing Plan Goal 3: Ensure housing development is compatible with existing and adjacent land uses and provides accessibility to key community features and natural amenities. Policies include linking trails to parks, lakes and schools. Goal 5: Improve availability of affordable and life-cycle housing. Eastside Villas meets the goal of the housing plan. The development is compatible with the existing adjacent residential subdivision and provides life-cycle housing. A trail will link the neighborhood to NorthPointe Park Economic Development Eastside Villas does not negatively impact the city’s economic development goals. Transportation Plan Goal 1: Plan for and achieve required street improvements and connectivity throughout the City of Lino Lakes. Goal 2: Ensure that streets and roads are as safe as possible. 11 Eastside Villas meets the goals of the 2030 Transportation Plan by providing a safe road connection between neighborhoods Sanitary Sewer Plan Goal 1: Ensure that well-planned, quality residential, commercial, industrial and institutional development to accommodate the City's projected growth needs occurs in a manner that also conserves and enhances the city's natural resources and amenities. Goal 5: Maintain the City's residents and businesses with an affordable and safe sanitary sewer system. Eastside Villas meets the goals of the sanitary sewer plans. The site is located in Sanitary Sewer District 1 (Sub-district 3C) and is in Utility Staging area 1A (2008-2015). The sanitary sewer system has capacity to serve the development. Water Supply Plan Goal 4: Provide the City's residents and businesses with affordable potable water that is safe and of high quality for daily consumption and fire demand. Eastside Villas meets the goals of the water supply plan. The site is served by an 8” watermain extending from Dogwood Street. The water system has capacity to serve this residential development. PUD Final Stage Plan/Final Plat A land use application for PUD Final Plan/Final Plat shall be required. Findings of Fact The Findings of Fact for the Rezoning and PUD Development Stage Plan/Preliminary Plat are detailed in Ordinance No. 12-18 and Resolution No. 18-109, respectively. RECOMMENDATION The Planning and Zoning Board held a public hearing on August 8, 2018. Public comments included concerns regarding wetland boundaries, trail location, and traffic flow. The Planning and Zoning Board voted 5-0 in favor of the rezoning and PUD Development Stage Plan/Preliminary Plat for Eastside Villas. ATTACHMENTS 1. Aerial Map 2. Preliminary Plat 3. House Elevation and Floor Plan 4. Ordinance No. 12-18 5. Resolution No. 18-109 0 400 800200 Feet IJ84 §¨¦I-35E OTTER LAKE RDOTTER LAKE RDCCEE DDAA RR SS TT LL AA CC AA SS SS EE DD RRCCYYPPRREESSSSSSTT CCYYPPRREESSSSSSTTBUTTERNUT STBUTTERNUT ST TTEELLEELLNNCOTTONWOOD AVECOTTONWOOD AVERREEDDWWOOOODDSSTTCC LL EE AA RR WWAA TT EE RR CC RR EE EEKKDDRR2211SSTTAAVVEESSR ED O A K L NRED O A K L N LACASSE CIRLACASSE CIRRR EE DD WW OO OO DD CCTTCC LLEEAARRWWAATTEERR CCRREEEEKK CCTT AARRTTHHUURRCCTT CEDAR STCEDAR ST21ST AVE21ST AVERR OO SS EE WW OO OO DD SSTT PALM STPALM STAerial MapEastside Villas µ OWNER:CEDAR STREET OWNER:OWNER:OWNER:OWN E R : OWNER: OWNER: OWNER: OWNER: OWNER: OWNER: OWNER:STREET Af:\jobs\7341 - 7360\7346 - hokanson - lino lakes\cad\survey\7346_prp.dwgSave Date:07/03/18HOKANSON DEVELOPMENT1550 - 91st AvenueBlaine, MN, 55449of3890 Pheasant Ridge Drive NE,Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comEASTSIDE VILLASLino Lakes, Minnesotaenvironmentalengineeringsurveying···PRELIMINARY PLATThomas R. Balluff, L.S.I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #:7/9/1840361DRAWN BY:ISSUE DATE:FILE NO:Revisions:VICINITY MAP63LEGENDKCM7/9/18726 SITE DATA EASTSIDE VILLAS 1 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 12-18 ORDINANCE TO REZONE PROPERTY FROM R, RURAL TO PUD, PLANNED UNIT DEVELOPMENT FOR EASTSIDE VILLAS The City Council of Lino Lakes ordains: Section 1: Findings of Fact 1. The City received a Land Use Application to rezone certain property from R, Rural to PUD, Planned Unit Development. 2. The Planning and Zoning Board held a public hearing on August 8, 2018. 3. Per Section 1007.015 (5), the Planning and Zoning Board shall consider possible adverse effects of the proposed rezoning and its judgement shall be based upon, but not limited to, the following factors: (a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The proposed Eastside Villas residential subdivision is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities. The development upholds the City’s public values by creating a multi-functional open space greenway corridor integrated with trail, stormwater conveyance system and wetland management. Eastside Villas is consistent with residential land use, density requirements and life-cycle housing. Safe transportation corridors and public utilities also serve the development. (b) The proposed use is or will be compatible with present and future land uses of the area. The proposed Eastside Villas development is compatible with the present and future land uses of the area. Existing and future land use to the south, east and west is residential. Development to the north of Cedar Street is guided industrial. (c) The proposed use conforms with all performance standards contained herein. The proposed Eastside Villas development conforms with all PUD performance 2 standards as outlined in Section 1007.024(2) General Requirements and Standards: 1. Ownership. Bison Development Co. Inc. is the owner of the property. 2. Comprehensive Plan Consistency. The proposed PUD shall be consistent with the City Comprehensive Plan. The proposed Eastside Villas residential subdivision is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities. The development upholds the City’s public values by creating a multi-functional open space greenway corridor integrated with trail, stormwater conveyance system and wetland management. Eastside Villas is consistent with residential land use, density requirements and life-cycle housing. Safe transportation corridors and public utilities also serve the development. 3. Public or Common Open Space. Wetlands, parks and open space make up 2 acres (20%) of protected open space. This area (Outlot A) will be deeded to the City. 4. Operating and Maintenance Requirements for PUD Common Open Space/Facilities. The open space (Outlot A) will be deeded to the City for ownership and maintenance. 5. Utilities. Public municipal utilities (water and sanitary) shall serve each individual single family lot. 6. Roadways, Private. There are no private roadways proposed in Eastside Villas. 7. Development Agreement. A Development Agreement detailing developer responsibilities and securities will be executed with the final plat. (d) The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. The proposed Eastside Villas development can be accommodated with existing public services and will not overburden the City’s service capacity. The site is served by 8” watermain and sanitary sewer and is adequately sized for the development in the district. 3 Section 2: Amendment The Zoning Ordinance of the City of Lino Lakes is hereby amended to rezone the following described property from R, Rural to PUD, Planned Unit Development. Section 3: Legal Description PARCEL DESCRIPTION: (Per Commitment No. HB-37447, dated May 20, 2018 at 7:00 A.M. prepared by Custom Home Builders Title, Inc., as issuing agent for Old Republic National Title Insurance Company) Parcel: The Northeast Quarter of the Northwest Quarter (NE 1/4 of NW 1/4) of Section 25, Township 31, Range 22, Anoka County, Minnesota, Lying easterly of the Westerly 604.18 feet thereof, as measured at right angles, and lying westerly of Interstate Highway No. 35E. (abstract property) Section 4: Development Regulations The development shall conform to the plans, requirements, and conditions of approval as listed in Council Resolution No. 18-109. Section 5: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter and upon the filing of the final plat. Adopted by the Lino Lakes City Council this 10th day of September, 2018. 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 1 CITY OF LINO LAKES RESOLUTION NO. 18-109 APPROVING PUD DEVELOPMENT STAGE PLAN/PRELIMINARY PLAT FOR EASTSIDE VILLAS WHEREAS, the City received an application for PUD Development Stage Plan/Preliminary Plat for Eastside Villas hereafter referred to as “Development”; and WHEREAS, City staff has completed a review of the “Development” based on the following: • 6/12/2018: Storm Design Spreadsheet and Map, prepared by Carlson McCain • 7/9/2018: Preliminary Plan, prepared by Carlson McCain • 7/9/2018: Stormwater Management Plan, prepared by Carlson McCain • 7/9/2018: Tree Inventory Report, prepared by Carlson McCain • 7/9/2018: Traffic Noise Assessment, prepared by David Braslau Associates, Inc. • 7/31/2018: Traffic Assessment prepared by Spack Consulting WHEREAS, a public hearing was held before the Planning & Zoning Board on August 8, 2018 and the Board recommended approval of the “Development”; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT Section 1007.024 PUD, Planned Unit Development Per Section 1007.024(1) Purpose and Intent, the PUD, by allowing deviation from the strict provisions of this Ordinance related to setbacks, heights, lot area, width and depths, yards, etc., by conditional use permit or a mixture of uses by rezoning to a PUD District, is intended to encourage: a. A development pattern in harmony with the objectives of the Comprehensive Plan. The proposed Eastside Villas residential subdivision is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities. The development upholds the City’s public values by creating a multi-functional open space greenway corridor integrated with trail, stormwater conveyance system and wetland management. Eastside Villas is consistent with residential land use, density requirements and life-cycle housing. Safe transportation corridors and public utilities also serve the development. b. Innovations in development that address growing demands for all styles of economic expansion, greater variety in type, design, architectural standards, and siting of structures through the conservation and more efficient use of land in such developments. 2 Flexible site design with narrower road right-of-way widths and reduced setbacks allows Eastside Villas to develop a residential subdivision with single level, life-cycle housing and construct a multi-functional greenway corridor and storm water management system. c. The preservation and enhancement of desirable site characteristics such as existing vegetation, natural topography and geologic features and the prevention of soil erosion. The wetlands and tree stand will be preserved by containing these areas in an outlot that will be deeded to the City. d. A creative use of land and related physical development which allows a phased and orderly transition of varying land uses in close proximity to each other. Eastside Villas connects to the NorthPointe residential subdivision and provides a contiguous multi-functional greenway corridor by integrating the stormwater management system, wetland management and open space areas and trails into one unified system. e. An efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments. Reduced road right-of-way widths and setbacks provide an efficient use of land and lowers development and public investments. f. Promotion of a desirable and creative environment that might be prevented through the strict application of City zoning and subdivision regulations. Strict application of a 60 foot road right-of-way width and 30 foot setback would result in impacts to the wetlands and natural resources. Preliminary Plat Per Section 1001.013, Premature Subdivision: (1) General. Any concept plan, preliminary plat or final plat deemed premature pursuant to the following criteria shall be denied by the City Council. (2) Conditions for establishing a premature subdivision. A subdivision may be deemed premature should any of the following conditions not be met. (a) Consistency with the Comprehensive Plan. Including any of the following: 1. Land use plan; 2. Transportation plan; 3. Utility (sewer and water) plans; 4. Local water management plan; 5. Capital improvement plan; and 6. Growth management policies, including MUSA allocation criteria. The proposed Eastside Villas residential subdivision is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation 3 and utilities. The development upholds the City’s public values by creating a multi-functional open space greenway corridor integrated with trail, stormwater conveyance system and wetland management. Eastside Villas is consistent with residential land use, density requirements and life-cycle housing. Safe transportation corridors and public utilities also serve the development. (b) Consistency with infill policies. A proposed urban subdivision shall meet the city's infill policies. Eastside Villas is consistent with infill policies. The development is within the current Utility Staging Area 1A (2008-2015). The cost, operation and maintenance of the utility system is consistent with the normal costs projected by the water and sanitary system plans. No future utility costs are proposed. (c) Roads or highways to serve the subdivision. A proposed subdivision shall meet the requirements for level of service (LOS), as defined by the Highway Capacity Manual. A separate Traffic Assessment was prepared by Spack Consulting on July 31, 2018 and concluded the additional 32 single family lots will not negatively impact the transportation system. (d) Water supply. A proposed subdivision shall be deemed to have an adequate water supply. Eastside Villas will have an adequate water supply. The site is served by an 8” watermain extending from Dogwood Street. The water system has capacity to serve this 32 lot residential development. (e) Waste disposal systems. A proposed subdivision shall be served with adequate waste disposal systems. Eastside Villas will be served with an adequate waste disposal system. The site is served by an 8” sanitary sewer pipe extending from Dogwood Street. The sanitary system has capacity to serve this 32 lot residential development. BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby provides the following PUD, Planned Unit Development flexibility for Eastside Villas: 1. Reduced corner lot “side” setback from 25 feet to 20 feet 2. Reduced side setback from 10 feet (principal building) and 5 feet (accessory building) to 5 feet (both principal and accessory buildings) 3. Reduced road right of way from 60 feet to 50 feet 4. Reduced lot width from 60 feet (interior lots) and 80 feet (corner lots) to 50 feet (interior lots) and 65 feet (corner lots) 5. Reduced lot depth from 125 feet to 110 feet 6. Reduced lot size from 7,500 sf to 5,500 sf.; and BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby establishes the following architectural design standards for Eastside Villas: 4 1. All single family dwelling and garage elevations shall include a variation in exterior building materials such as brick, stone, rock face, concrete block, wood, stucco, vinyl, steel, fiber cement and aluminum siding. 2. All single family dwellings shall have a minimum 22 foot wide double garage and shall comply with the following: a. Compliance with the Building Type and Construction Standards of §1007.043 (2), and b. No garage shall not protrude forward of the front wall of the house, unless the house includes a front porch that is unenclosed, a minimum of 6 feet in depth, and extends across 100 percent of the front façade of the house. The garage shall then not protrude forward of the front porch, and c. The length of the garage wall facing the street shall not be greater than fifty-five percent (55%) of the length of the entire front facade of the structure; and d. The garage doors are decorative and have a strip of windows; and e. Garages in excess of two stalls shall be broken up so the additional stalls are recessed two feet from the main garage façade; and f. Garage width does not exceed 32 feet; and BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby approves the PUD Development Stage Plan/Preliminary Plat for Eastside Villas subject to the following conditions: 1. Comments from WSB City Engineer letter dated August 2, 2018 shall be addressed. 2. Comments from the Environmental Coordinator letter dated August 2, 2018 shall be addressed. 3. Developer shall prepare the deed for Outlot A for City review and approval. 4. The developer shall prepare homeowner association (HOA) documents establishing maintenance of berm and landscaping, fence and retaining wall. 5. The septic system shall be removed and the well shall be sealed at 2182 Cedar Street. 6. A revised summary table created in Microsoft Excel by lot and block and outlots of lot sizes (gross, unbuildable and net area) and setbacks (front, rear and side) shall be required. 7. The applicant shall submit a WCA Notice of Decision regarding the approved delineated wetland. 8. Sheet 3, Preliminary Plat: a. The Site Data shall be revised as follows: i. Revise land areas and density calculations ii. Include Rear Setback (local road) = 25 feet iii. Include Rear Setback (I-35E and Cedar Street) = 40 feet iv. Omit “50 ft to I-35E”. b. Omit word “Park” from Outlot A. c. On the final plat, a drainage & utility easement shall be dedicated over Outlot A. 9. Sheet 4, Preliminary Site & Utility Plan: a. The privacy fence (top of fence) shall be 936 EL as noted in the July 9, 2018 Traffic Noise Assessment. b. Rear setback along I-35E and Cedar Street shall be 40 feet. c. A typical building pad example shall be created indicating 40 feet rear setback for I-35E and Cedar Street. 5 d. The rear setback line along both I-35E and Cedar Street shall be revised to 40 feet. 10. Sheet 5, Preliminary Grading & Erosion Control Plan: a. Top of berm elevation along I-35E shall be 926 EL. b. A minimum 10 foot privacy fence along top of berm establishes a 936 EL noise barrier as required in the July 9, 2018 Traffic Noise Assessment. c. Cedar Street is a minor collector road and shall include a 15 foot wide buffer with a minimum 6 foot high berm and 6 foot high wood privacy fence. Trees and shrubs are also required per ordinance. d. Proposed driveway locations shall be shown on the plan. e. The garage locations shall be “flipped” on Lot 17, Block 1 and Lot 1, Block 3. 11. Sheet L1, Preliminary Landscape Plan: a. Landscape symbols and number shall be noted on the plans; not just under the Legend. b. Landscape Legend shall include a column noting if a tree or shrub is considered large, medium or small. c. Under “City of Lino Lakes Landscape Code” columns shall be added title “Required” and “Proposed” indicating how compliance is being met. i. For example, 34 boulevard trees are required (32 SF lots + 2 corner lots). The plan says 32 boulevards but 36 trees are shown. d. The 54,016 sf used for Open Area calculations shall be highlighted and re- calculated. i. The berms, wetland and area below the stormwater pond NWL do not count towards Open Area. e. Cedar Street is a minor collector road and shall include a 15 foot wide buffer with a minimum 6 foot high berm and 6 foot high wood privacy fence. Trees and shrubs are also required per ordinance. f. Driveways from grading plan shall be shown on landscape plan to show location of driveway and boulevard tree. 12. Sheet L2, Preliminary Landscape Plan: a. Landscape symbols shall be noted on the plans; not just under the Legend. b. Landscape Legend shall include a column noting if a tree or shrub is considered large, medium or small. c. Once fence detail notes a 10 foot fence and another notes an 8 foot fence. Please revise all to 10 foot fence for consistency. d. A separate building permit and structural engineering design is required for the 10 foot fence. 13. Sheet L3, Sections Plan: a. The North and South Section shall show the berm at 926 EL + 10 foot fence = 936 EL total. b. A section shall be added for Cedar Street. 14. Architectural Plans: a. Plans shall be revised to show air conditioning equipment in the rear yards. 15. Phasing Exhibit: a. The phasing exhibit shall be revised to show one phase of grading, street and utility construction. 6 Adopted by the Council of the City of Lino Lakes this 10th day of September, 2018. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 6D i & ii STAFF ORIGINATOR: Diane Hankee PE, City Engineer MEETING DATE: September 10, 2018 TOPIC: 2018 LaMotte Area Street and Utility Improvement Project i) Consider Resolution No. 18-112, Accepting bids, Awarding a Construction Contract ii) Consider Resolution No. 18-114 Approving Construction Services Contract with WSB and Associates VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council authorization to accept bids, award construction contract, and approving construction services contract with WSB and Associates for the 2018 LaMotte Area Street and Utility Improvement Project. BACKGROUND On August 14, 2017 the City Council authorized the preparation of plans and specifications for the LaMotte Area Street Reconstruction Project. The project includes street reconstruction and drainage improvements. Bids were received for the above-referenced project on Tuesday, August 21, 2018. A total of six bids were received. The bids were checked for mathematical accuracy and tabulated. The bids included a base bid and two alternates. Alternate 1 included lateral sanitary sewer service joint lining, totaling $78,200.00. Alternate 2 included mastic joint adhesive, draintile and tree replacement, totaling $23,125.40. Staff recommends award of the base bid and alternates 1 and 2. CONTRACTOR TOTAL BID Forest Lake Contracting, Inc. $1,181,523.95 Ryan Contracting Company $1,187,473.90 Valley Paving, Inc. $1,227,167.21 Northdale Construction Company, Inc. $1,265,717.69 Bituminous Roadways Inc. $1,373,387.70 Arnt Construction Company, Inc. $1,401,983.02 The low bid was submitted by Forest Lake Contracting, Inc. in the amount of $1,181,523.95. The engineers estimate for the project was $1,227,877.75. WSB and Associates has submitted a proposal to complete the construction services for the 2018 LaMotte Area Street and Utility Improvement Project in the amount of $79,950.00 and materials testing in the amount of $8,885.00. The estimated total project cost is $1,529,000 which includes, construction, engineering and administrative costs associated with the project. The final completion date for this project is June 28, 2019. Note the contractor may substantially complete this project in 2018 if materials are available. RECOMMENDATION Staff recommends adoption of Resolution No. 18-112, Accepting the Bid and Awarding a Construction Contract in the amount of $1,181,523.95 to Forest Lake Contracting, Inc., and adoption of Resolution No. 18-114, Approving the Construction Services Contract with WSB and Associates in the amount of $88,835.00, for the 2018 LaMotte Area Street and Utility Improvement Project. ATTACHMENTS 1. Resolutions 2. Bid Tabulation 3. WSB Proposal CITY OF LINO LAKES RESOLUTION NO. 18-112 RESOLUTION ACCEPTING BASE BID AND ALTERNATES 1 AND 2 AWARDING A CONSTRUCTION CONTRACT WHEREAS, pursuant to an advertisement for bids for the construction of the 2018 LaMotte Area Street and Utility Improvement Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: CONTRACTOR TOTAL BID Forest Lake Contracting, Inc. $1,181,523.95 Ryan Contracting Company $1,187,473.90 Valley Paving, Inc. $1,227,167.21 Northdale Construction Company, Inc. $1,265,717.69 Bituminous Roadways Inc. $1,373,387.70 Arnt Construction Company, Inc. $1,401,983.02 WHEREAS, it appears that Forest Lake Contracting, Inc. is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Forest Lake Contracting Inc. in the name of the City of Lino Lakes for the construction of the 2018 LaMotte Area Street and Utility Improvement Project according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidder the Bid Bonds made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. Adopted by the Council of the City of Lino Lakes this 10th day of September, 2018. 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. 18-114 RESOLUTION APPROVING THE CONSTRUCTION SERVICES CONTRACT, 2018 LAMOTTE AREA STREET AND UTILITY IMPROVEMENT PROJECT WHEREAS, the City Council finds that it would be in the best interests of the city to proceed with the construction oversight and administration of the 2018 LaMotte Area Street and Utility Improvement Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with WSB and Associates, Inc., in the name of the City of Lino Lakes for the construction services of the 2018 LaMotte Area Street and Utility Improvement Project in the amount of $88,835.00. Adopted by the Council of the City of Lino Lakes this 10th day of September, 2018. 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 2018 LaMotte Area Street & Utility Improvement Project (#5875884)Owner: City of Lino LakesSolicitor: WSB & Associates, Inc.08/21/2018 03:00 PM CDTEngineer EstimateForest Lake Contracting, Inc.Ryan Contracting Co.Section TitleLine ItemItem CodeItem DescriptionUofMQuantityUnit PriceExtensionUnit PriceExtensionUnit PriceExtensionSchedule A - Street Improvements$711,489.00$709,037.19$683,068.0012021.501MOBILIZATIONLS1$34,000.00$34,000.00$35,000.00$35,000.00$30,000.00$30,000.0022101.502CLEARINGTREE5$400.00$2,000.00$400.00$2,000.00$1,000.00$5,000.0032101.507GRUBBINGTREE5$400.00$2,000.00$400.00$2,000.00$500.00$2,500.0042104.501REMOVE CURB & GUTTERL F1875$3.50$6,562.50$5.00$9,375.00$5.00$9,375.0052104.505REMOVE CONCRETE DRIVEWAY PAVEMENTS Y593$8.00$4,744.00$9.00$5,337.00$10.00$5,930.0062104.505REMOVE BITUMINOUS DRIVEWAY PAVEMENTS Y682$7.00$4,774.00$7.00$4,774.00$8.00$5,456.0072104.505REMOVE BITUMINOUS PAVEMENTS Y7541$6.00$45,246.00$5.00$37,705.00$5.00$37,705.0082104.513SAWING BITUMINOUS PAVEMENT (FULL DEPTH)L F32$6.00$192.00$3.00$96.00$10.00$320.0092104.523SALVAGE SIGNEACH5$100.00$500.00$50.00$250.00$100.00$500.00102104.523SALVAGE MAIL BOXEACH32$50.00$1,600.00$40.00$1,280.00$50.00$1,600.00112104.601SALVAGE AND REINSTALL LANDSCAPE STRUCTURESLS1$5,000.00$5,000.00$3,000.00$3,000.00$3,000.00$3,000.00122105.501COMMON EXCAVATION (EV) (P)C Y2144$20.00$42,880.00$20.00$42,880.00$30.00$64,320.00132105.507SUBGRADE EXCAVATION (EV)C Y2719$20.00$54,380.00$15.00$40,785.00$20.00$54,380.00142105.522SELECT GRANULAR BORROW (CV)C Y2201$22.00$48,422.00$18.00$39,618.00$25.00$55,025.00152105.522SELECT GRANULAR BORROW MOD (CV)C Y300$26.00$7,800.00$25.00$7,500.00$25.00$7,500.00162105.601DEWATERINGLS1$1,000.00$1,000.00$0.01$0.01$1.00$1.00172105.604SOIL STABILIZATION GEOGRIDS Y1413$12.00$16,956.00$4.00$5,652.00$2.00$2,826.00182105.604GEOTEXTILE FABRIC TYPE VS Y8530$1.25$10,662.50$1.80$15,354.00$1.50$12,795.00192112.501SUBGRADE PREPARATIONRDST23$600.00$13,800.00$700.00$16,100.00$400.00$9,200.00202123.61STREET SWEEPER (WITH PICKUP BROOM)HOUR30$140.00$4,200.00$140.00$4,200.00$150.00$4,500.00212130.501WATERMGAL100$30.00$3,000.00$32.00$3,200.00$10.00$1,000.00222211.501AGGREGATE BASE CLASS 5TON2815$18.00$50,670.00$18.00$50,670.00$16.00$45,040.00232212.507DRAINABLE AGGREGATE BASE; TYPE DSB (CV)C Y518$35.00$18,130.00$40.00$20,720.00$35.00$18,130.00242357.502BITUMINOUS MATERIAL FOR TACK COATGAL339$3.00$1,017.00$3.30$1,118.70$3.00$1,017.00252360.501TYPE SP 9.5 WEARING COURSE MIX (2,B)TON602$75.00$45,150.00$73.00$43,946.00$80.00$48,160.00262360.502TYPE SP 12.5 NON WEAR COURSE MIX (2,B)TON803$73.00$58,619.00$70.00$56,210.00$78.00$62,634.00272360.503TYPE SP 9.5 WEARING COURSE MIX (2,B), 3.0" THICKS Y682$38.00$25,916.00$40.00$27,280.00$30.00$20,460.00282504.602IRRIGATION SYSTEM REPAIREACH13$400.00$5,200.00$500.00$6,500.00$400.00$5,200.00292505.601UTILITY COORDINATIONLS1$1,000.00$1,000.00$1,000.00$1,000.00$1.00$1.00302531.501CONCRETE CURB AND GUTTER, DESIGN MOUNTABLEL F4616$16.00$73,856.00$16.28$75,148.48$15.00$69,240.00312531.5076" CONCRETE DRIVEWAY PAVEMENTS Y593$65.00$38,545.00$120.00$71,160.00$70.00$41,510.00322540.602MAIL BOXEACH2$50.00$100.00$25.00$50.00$200.00$400.00332540.602MAIL BOX SUPPORTEACH2$50.00$100.00$50.00$100.00$100.00$200.00342540.602MAIL BOX (TEMPORARY)EACH32$40.00$1,280.00$35.00$1,120.00$50.00$1,600.00352540.602INSTALL MAIL BOXEACH32$100.00$3,200.00$50.00$1,600.00$50.00$1,600.00362563.601TRAFFIC CONTROLLS1$4,000.00$4,000.00$5,000.00$5,000.00$10,000.00$10,000.00372564.602INSTALL SALVAGED SIGNEACH5$150.00$750.00$250.00$1,250.00$200.00$1,000.00382573.502SILT FENCE, TYPE HEAVY DUTYL F1000$2.00$2,000.00$2.00$2,000.00$1.50$1,500.00392573.505FLOTATION SILT CURTAIN TYPE STILL WATERL F100$18.00$1,800.00$15.00$1,500.00$12.00$1,200.00 402573.53STORM DRAIN INLET PROTECTIONEACH18$150.00$2,700.00$150.00$2,700.00$150.00$2,700.00412573.533SEDIMENT CONTROL LOG TYPE STRAWL F1500$3.00$4,500.00$2.50$3,750.00$2.00$3,000.00422573.533SEDIMENT CONTROL LOG TYPE ROCKL F50$6.00$300.00$11.00$550.00$6.00$300.00432573.535STABILIZED CONSTRUCTION EXITLS1$1,000.00$1,000.00$2,000.00$2,000.00$500.00$500.00442574.525BOULEVARD TOPSOIL BORROWC Y120$30.00$3,600.00$41.00$4,920.00$30.00$3,600.00452575.505SODDING, TYPE LAWN (INCL TOPSOIL & FERT)S Y3949$13.00$51,337.00$12.00$47,388.00$7.00$27,643.00462575.535WATER (TURF ESTABLISHMENT)MGAL50$40.00$2,000.00$42.50$2,125.00$50.00$2,500.00472575.57RAPID STABILIZATION METHOD 2ACRE1$5,000.00$5,000.00$3,125.00$3,125.00$1,000.00$1,000.00Schedule B - Drainage Improvements$243,056.75$238,936.36$283,525.50482021.501MOBILIZATIONLS1$10,000.00$10,000.00$9,000.00$9,000.00$10,000.00$10,000.00492101.501CLEARINGACRE0.1$3,500.00$350.00$10,000.00$1,000.00$15,000.00$1,500.00502101.506GRUBBINGACRE0.1$3,500.00$350.00$10,000.00$1,000.00$15,000.00$1,500.00512104.501REMOVE SEWER PIPE (STORM)L F173$7.00$1,211.00$15.00$2,595.00$12.00$2,076.00522104.509REMOVE DRAINAGE STRUCTUREEACH6$400.00$2,400.00$550.00$3,300.00$800.00$4,800.00532105.501COMMON EXCAVATION (EV)C Y830$18.00$14,940.00$20.00$16,600.00$30.00$24,900.00542105.511CHANNEL AND POND EXCAVATIONC Y20$100.00$2,000.00$65.00$1,300.00$50.00$1,000.00552105.523COMMON BORROW (CV)C Y23$40.00$920.00$22.00$506.00$5.00$115.00562105.601DEWATERINGLS1$3,000.00$3,000.00$0.01$0.01$1.00$1.00572105.6071 1/2" CLEAR ROCKC Y50$45.00$2,250.00$60.00$3,000.00$50.00$2,500.00582123.61UTILITY CREWHOUR5$800.00$4,000.00$600.00$3,000.00$300.00$1,500.00592451.509AGGREGATE BEDDING (CV)C Y213$30.00$6,390.00$27.00$5,751.00$25.00$5,325.00602501.51512" RC PIPE APRONEACH2$900.00$1,800.00$850.00$1,700.00$800.00$1,600.00612501.51524" RC PIPE APRONEACH1$1,500.00$1,500.00$1,200.00$1,200.00$1,500.00$1,500.00622501.60218" PIPE APRONEACH1$1,200.00$1,200.00$1,100.00$1,100.00$1,200.00$1,200.00632501.602TRASH GUARD FOR 12" PIPE APRONEACH2$500.00$1,000.00$350.00$700.00$365.00$730.00642501.602TRASH GUARD FOR 18" PIPE APRONEACH1$600.00$600.00$550.00$550.00$550.00$550.00652501.602TRASH GUARD FOR 24" PIPE APRONEACH1$1,000.00$1,000.00$750.00$750.00$760.00$760.00662502.5414" PERF PE PIPE DRAINL F1000$10.00$10,000.00$15.00$15,000.00$18.00$18,000.00672502.5416" PERF PE PIPE DRAINL F230$15.00$3,450.00$22.00$5,060.00$40.00$9,200.00682502.6026" PVC PIPE DRAIN CLEANOUTEACH3$550.00$1,650.00$425.00$1,275.00$300.00$900.00692503.52122" SPAN RC PIPE-ARCH SEWER CL IIAL F98$85.00$8,330.00$84.00$8,232.00$105.00$10,290.00702503.54112" RC PIPE SEWER DES 3006 CL VL F649$38.00$24,662.00$43.00$27,907.00$50.00$32,450.00712503.54115" RC PIPE SEWER DES 3006 CL VL F442$45.00$19,890.00$44.00$19,448.00$55.00$24,310.00722503.54124" RC PIPE SEWER DES 3006 CL VL F86$60.00$5,160.00$75.00$6,450.00$85.00$7,310.00732506.501CONST DRAINAGE STRUCTURE DES 48-4020L F27$500.00$13,500.00$510.00$13,770.00$350.00$9,450.00742506.501CONST DRAINAGE STRUCTURE DES 60-4020L F5$750.00$3,750.00$650.00$3,250.00$500.00$2,500.00752506.501CONST DRAINAGE STRUCTURE DES 72-4020L F5$900.00$4,500.00$1,000.00$5,000.00$850.00$4,250.00762506.502CONST DRAINAGE STRUCTURE DESIGN SPEC 1EACH12$2,600.00$31,200.00$1,800.00$21,600.00$3,000.00$36,000.00772506.502CONST DRAINAGE STRUCTURE DESIGN SPEC 2EACH1$6,000.00$6,000.00$3,100.00$3,100.00$8,000.00$8,000.00782506.516CASTING ASSEMBLYEACH10$500.00$5,000.00$450.00$4,500.00$600.00$6,000.00792506.522ADJUST FRAME & RING CASTINGEACH1$450.00$450.00$500.00$500.00$600.00$600.00802506.602SEAL MANHOLEEACH22$450.00$9,900.00$725.00$15,950.00$500.00$11,000.00812511.501RANDOM RIPRAP CLASS IIIC Y24$120.00$2,880.00$120.00$2,880.00$80.00$1,920.00822572.607ENGINEERED SOILC Y180$80.00$14,400.00$45.00$8,100.00$100.00$18,000.00832574.525BOULEVARD TOPSOIL BORROWC Y30$25.00$750.00$41.00$1,230.00$30.00$900.00842575.502SEED MIXTURE 33-262LB56$15.00$840.00$12.00$672.00$10.00$560.00852575.502SEED MIXTURE 32-241LB8$15.00$120.00$19.00$152.00$20.00$160.00 862575.505SODDING, TYPE LAWN (INCL TOPSOIL & FERT)S Y890$7.50$6,675.00$10.00$8,900.00$7.00$6,230.00872575.523EROSION CONTROL BLANKETS CATEGORY 3NS Y2410$1.50$3,615.00$1.30$3,133.00$2.00$4,820.00882575.525TURF REINFORCEMENT MAT CATEGORY 4S Y510$20.00$10,200.00$16.00$8,160.00$15.00$7,650.00892575.572RAPID STABILIZATION METHOD 4S Y979$1.25$1,223.75$1.65$1,615.35$1.50$1,468.50Schedule C - Sanitary Sewer Improvements$149,890.00$132,225.00$118,515.00902021.501MOBILIZATIONLS1$6,000.00$6,000.00$4,000.00$4,000.00$6,000.00$6,000.00912503.602CONNECT TO EXISTING SANITARY SEWEREACH4$1,500.00$6,000.00$1,000.00$4,000.00$5,000.00$20,000.00922503.602CONNECT TO EXISTING SANITARY SEWER SEREACH4$500.00$2,000.00$700.00$2,800.00$1,000.00$4,000.00932503.6028"X4" PVC WYEEACH2$1,500.00$3,000.00$700.00$1,400.00$1,000.00$2,000.00942503.6038" PVC PIPE SEWER - SDR 35L F100$60.00$6,000.00$90.00$9,000.00$90.00$9,000.00952503.6034" PVC PIPE SEWER - SDR 26L F60$40.00$2,400.00$70.00$4,200.00$80.00$4,800.00962503.6038" CURED-IN-PLACE PIPE SYSTEML F2245$32.00$71,840.00$29.00$65,105.00$27.00$60,615.00972506.516CASTING ASSEMBLY (SANITARY)EACH9$600.00$5,400.00$900.00$8,100.00$600.00$5,400.00982506.602CHIMNEY SEALS (EXTERNAL)EACH9$250.00$2,250.00$180.00$1,620.00$300.00$2,700.00992506.602LINE 48" DIA SAN SEWER MANHOLEL F100$450.00$45,000.00$320.00$32,000.00$40.00$4,000.00Alternate 1 - Sanitary Sewer Improvements$87,400.00$78,200.00$78,200.001002503.602LATERAL CONNECTION HATEACH23$3,800.00$87,400.00$3,400.00$78,200.00$3,400.00$78,200.00Alternate 2 - Miscellaneous Improvements$36,042.00$23,125.40$24,165.401012331.501JOINT ADHESIVE - MASTICL F4616$0.75$3,462.00$0.65$3,000.40$0.65$3,000.401022502.5416" PERF PE PIPE DRAINL F420$24.00$10,080.00$18.00$7,560.00$20.00$8,400.001032502.6026" PVC PIPE DRAIN CLEANOUTEACH4$750.00$3,000.00$500.00$2,000.00$300.00$1,200.001042503.60312" CURED-IN-PLACE PIPE SYSTEML F105$100.00$10,500.00$53.00$5,565.00$53.00$5,565.001052571.501CONIFEROUS TREE 10' HT B&BTREE5$900.00$4,500.00$500.00$2,500.00$600.00$3,000.001062571.502DECIDUOUS TREE 2.5" CAL B&BTREE5$900.00$4,500.00$500.00$2,500.00$600.00$3,000.00Base Bid Total:$1,104,435.75$1,080,198.55$1,085,108.50$87,400.00$78,200.00$78,200.00$36,042.00$23,125.40$24,165.40$1,227,877.75$1,181,523.95$1,187,473.90 Valley Paving, IncNorthdale Construction Company, Inc.Bituminous Roadways Inc.Arnt Construction Company, Inc.Unit PriceExtensionUnit PriceExtensionUnit PriceExtensionUnit PriceExtension$694,898.26$689,389.70$792,886.60$698,815.98$60,000.00$60,000.00$46,375.00$46,375.00$38,750.00$38,750.00$80,000.00$80,000.00$185.00$925.00$210.00$1,050.00$221.00$1,105.00$1,200.00$6,000.00$200.00$1,000.00$210.00$1,050.00$221.00$1,105.00$600.00$3,000.00$7.50$14,062.50$4.00$7,500.00$7.60$14,250.00$2.40$4,500.00$16.00$9,488.00$6.00$3,558.00$21.00$12,453.00$6.00$3,558.00$9.00$6,138.00$6.00$4,092.00$5.30$3,614.60$6.00$4,092.00$2.25$16,967.25$2.50$18,852.50$6.60$49,770.60$1.98$14,931.18$8.00$256.00$10.00$320.00$3.90$124.80$8.00$256.00$52.00$260.00$52.50$262.50$55.00$275.00$100.00$500.00$42.00$1,344.00$42.00$1,344.00$44.00$1,408.00$42.00$1,344.00$2,500.00$2,500.00$2,625.00$2,625.00$5,000.00$5,000.00$2,500.00$2,500.00$16.50$35,376.00$25.00$53,600.00$32.50$69,680.00$24.00$51,456.00$18.00$48,942.00$25.00$67,975.00$17.50$47,582.50$24.00$65,256.00$26.00$57,226.00$24.14$53,132.14$36.00$79,236.00$18.60$40,938.60$26.00$7,800.00$24.14$7,242.00$36.00$10,800.00$18.60$5,580.00$0.01$0.01$0.01$0.01$11,466.00$11,466.00$2,400.00$2,400.00$4.00$5,652.00$6.74$9,523.62$2.80$3,956.40$3.20$4,521.60$1.50$12,795.00$1.99$16,974.70$1.60$13,648.00$2.80$23,884.00$400.00$9,200.00$250.00$5,750.00$350.00$8,050.00$550.00$12,650.00$160.00$4,800.00$150.00$4,500.00$165.00$4,950.00$125.00$3,750.00$50.00$5,000.00$55.00$5,500.00$145.00$14,500.00$30.00$3,000.00$21.00$59,115.00$16.59$46,700.85$18.50$52,077.50$12.80$36,032.00$64.00$33,152.00$35.80$18,544.40$67.50$34,965.00$59.00$30,562.00$1.50$508.50$3.47$1,176.33$3.30$1,118.70$3.80$1,288.20$79.00$47,558.00$76.65$46,143.30$73.00$43,946.00$82.60$49,725.20$74.00$59,422.00$73.50$59,020.50$70.00$56,210.00$73.20$58,779.60$36.00$24,552.00$38.38$26,175.16$17.50$11,935.00$32.00$21,824.00$200.00$2,600.00$500.00$6,500.00$342.00$4,446.00$1,200.00$15,600.00$1,000.00$1,000.00$8,000.00$8,000.00$3,000.00$3,000.00$2,100.00$2,100.00$13.50$62,316.00$12.50$57,700.00$15.00$69,240.00$12.90$59,546.40$50.00$29,650.00$70.40$41,747.20$62.50$37,062.50$58.00$34,394.00$26.00$52.00$26.25$52.50$27.50$55.00$30.00$60.00$52.00$104.00$52.50$105.00$55.00$110.00$60.00$120.00$37.00$1,184.00$36.75$1,176.00$38.50$1,232.00$40.00$1,280.00$52.00$1,664.00$52.50$1,680.00$55.00$1,760.00$52.00$1,664.00$2,000.00$2,000.00$1,260.00$1,260.00$10,116.00$10,116.00$1,800.00$1,800.00$260.00$1,300.00$262.50$1,312.50$276.00$1,380.00$270.00$1,350.00$2.00$2,000.00$2.05$2,050.00$2.20$2,200.00$2.10$2,100.00$21.00$2,100.00$20.95$2,095.00$22.00$2,200.00$21.00$2,100.00 $150.00$2,700.00$262.50$4,725.00$165.00$2,970.00$150.00$2,700.00$2.60$3,900.00$2.57$3,855.00$2.70$4,050.00$2.64$3,960.00$11.00$550.00$21.00$1,050.00$5.00$250.00$12.00$600.00$1,000.00$1,000.00$3,000.00$3,000.00$993.00$993.00$2,400.00$2,400.00$65.00$7,800.00$43.11$5,173.20$55.50$6,660.00$18.00$2,160.00$11.00$43,439.00$8.46$33,408.54$12.00$47,388.00$6.80$26,853.20$45.00$2,250.00$44.63$2,231.50$47.00$2,350.00$46.00$2,300.00$3,250.00$3,250.00$3,281.25$3,281.25$3,447.00$3,447.00$3,400.00$3,400.00$279,817.75$312,841.23$307,724.90$306,604.04$8,000.00$8,000.00$18,000.00$18,000.00$7,000.00$7,000.00$38,000.00$38,000.00$5,800.00$580.00$10,500.00$1,050.00$11,030.00$1,103.00$8,000.00$800.00$5,800.00$580.00$10,500.00$1,050.00$11,030.00$1,103.00$8,000.00$800.00$12.00$2,076.00$10.00$1,730.00$8.90$1,539.70$14.00$2,422.00$500.00$3,000.00$500.00$3,000.00$669.00$4,014.00$200.00$1,200.00$23.00$19,090.00$25.00$20,750.00$20.50$17,015.00$24.00$19,920.00$60.00$1,200.00$100.00$2,000.00$111.00$2,220.00$200.00$4,000.00$50.00$1,150.00$20.00$460.00$17.00$391.00$18.64$428.72$55.00$55.00$0.01$0.01$6,581.00$6,581.00$2,400.00$2,400.00$75.00$3,750.00$75.00$3,750.00$71.50$3,575.00$59.00$2,950.00$600.00$3,000.00$1,000.00$5,000.00$1,051.00$5,255.00$1,400.00$7,000.00$34.00$7,242.00$75.00$15,975.00$21.00$4,473.00$18.64$3,970.32$700.00$1,400.00$945.03$1,890.06$1,338.00$2,676.00$980.00$1,960.00$1,000.00$1,000.00$1,139.60$1,139.60$2,387.00$2,387.00$1,200.00$1,200.00$800.00$800.00$1,038.55$1,038.55$1,673.00$1,673.00$1,000.00$1,000.00$600.00$1,200.00$374.13$748.26$781.00$1,562.00$510.00$1,020.00$700.00$700.00$457.98$457.98$1,004.00$1,004.00$650.00$650.00$1,000.00$1,000.00$657.93$657.93$1,439.00$1,439.00$1,290.00$1,290.00$17.00$17,000.00$20.30$20,300.00$21.00$21,000.00$6.00$6,000.00$18.50$4,255.00$38.45$8,843.50$24.50$5,635.00$24.00$5,520.00$500.00$1,500.00$622.50$1,867.50$574.00$1,722.00$450.00$1,350.00$98.00$9,604.00$93.19$9,132.62$108.00$10,584.00$104.00$10,192.00$48.00$31,152.00$52.61$34,143.89$60.00$38,940.00$60.50$39,264.50$51.00$22,542.00$55.61$24,579.62$61.50$27,183.00$62.60$27,669.20$88.00$7,568.00$83.89$7,214.54$76.00$6,536.00$98.00$8,428.00$700.00$18,900.00$644.50$17,401.50$647.00$17,469.00$690.00$18,630.00$935.00$4,675.00$897.73$4,488.65$809.00$4,045.00$854.00$4,270.00$1,400.00$7,000.00$1,050.38$5,251.90$1,338.00$6,690.00$1,410.00$7,050.00$2,300.00$27,600.00$2,722.75$32,673.00$2,398.00$28,776.00$2,160.00$25,920.00$6,700.00$6,700.00$4,792.80$4,792.80$4,116.00$4,116.00$8,400.00$8,400.00$750.00$7,500.00$1,290.25$12,902.50$895.00$8,950.00$440.00$4,400.00$650.00$650.00$933.35$933.35$577.00$577.00$650.00$650.00$700.00$15,400.00$700.35$15,407.70$736.00$16,192.00$780.00$17,160.00$115.00$2,760.00$150.00$3,600.00$106.00$2,544.00$110.00$2,640.00$70.00$12,600.00$43.11$7,759.80$72.00$12,960.00$32.00$5,760.00$65.00$1,950.00$43.11$1,293.30$55.50$1,665.00$18.00$540.00$12.00$672.00$12.13$679.28$12.50$700.00$12.48$698.88$20.00$160.00$19.74$157.92$20.50$164.00$20.30$162.40 $12.00$10,680.00$8.46$7,529.40$14.00$12,460.00$8.20$7,298.00$1.35$3,253.50$1.37$3,301.70$1.40$3,374.00$1.42$3,422.20$16.00$8,160.00$16.07$8,195.70$17.00$8,670.00$16.52$8,425.20$1.75$1,713.25$1.73$1,693.67$1.80$1,762.20$1.78$1,742.62$145,870.00$139,783.38$146,477.50$265,297.00$1,500.00$1,500.00$11,013.50$11,013.50$7,018.00$7,018.00$36,000.00$36,000.00$900.00$3,600.00$1,026.88$4,107.52$390.00$1,560.00$8,400.00$33,600.00$900.00$3,600.00$1,005.38$4,021.52$223.00$892.00$4,500.00$18,000.00$1,600.00$3,200.00$1,107.50$2,215.00$2,565.00$5,130.00$6,900.00$13,800.00$110.00$11,000.00$46.45$4,645.00$83.50$8,350.00$280.00$28,000.00$92.00$5,520.00$42.69$2,561.40$78.00$4,680.00$240.00$14,400.00$29.00$65,105.00$24.68$55,406.60$29.50$66,227.50$27.00$60,615.00$1,000.00$9,000.00$1,118.13$10,063.17$556.00$5,004.00$850.00$7,650.00$205.00$1,845.00$416.63$3,749.67$324.00$2,916.00$248.00$2,232.00$415.00$41,500.00$420.00$42,000.00$447.00$44,700.00$510.00$51,000.00$82,800.00$88,751.25$85,859.00$94,300.00$3,600.00$82,800.00$3,858.75$88,751.25$3,733.00$85,859.00$4,100.00$94,300.00$23,781.20$34,952.13$40,439.70$36,966.00$0.70$3,231.20$0.68$3,138.88$0.70$3,231.20$1.00$4,616.00$18.50$7,770.00$38.45$16,149.00$24.50$10,290.00$29.00$12,180.00$500.00$2,000.00$822.50$3,290.00$574.00$2,296.00$630.00$2,520.00$56.00$5,880.00$70.35$7,386.75$58.50$6,142.50$80.00$8,400.00$515.00$2,575.00$525.00$2,625.00$2,758.00$13,790.00$1,200.00$6,000.00$465.00$2,325.00$472.50$2,362.50$938.00$4,690.00$650.00$3,250.00$1,120,586.01$1,142,014.31$1,247,089.00$1,270,717.02$82,800.00$88,751.25$85,859.00$94,300.00$23,781.20$34,952.13$40,439.70$36,966.00$1,227,167.21$1,265,717.69$1,373,387.70$1,401,983.02 engineering planning environmental construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Equal Opportunity Employer wsbeng.com S:\Community Development\Projects\Capital Improvement Projects\2018 West Shadow Lake Dr and LaMotte\LaMotte\Staff Reports\20180910 CC Award Const Contract & Engineering\4. Proposal WSB.DOC September 4, 2018 Mr. Michael Grochala Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Re: Request for Proposal to Provide Construction Services for the 2018 LaMotte Area Street and Utility Improvement Project City of Lino Lakes, MN WSB Project No. 011539-000 Dear Mr. Grochala: WSB & Associates, Inc. is pleased to present to you this proposal for construction services associated with the City’s 2018 LaMotte Area Street and Utility Improvement Project. This would be subsequent to the City Council awarding the construction contract for the project to Forest Lake Contracting, Inc. in the amount of $1,181,523.95. Our construction services scope of work includes the following tasks: • Contract Administration • Construction Observation • Construction Staking • Materials Testing The engineering services to complete the 2018 LaMotte Area Street and Utility Improvement Project, on an hourly not to exceed basis, is as follows: Contract Administration ............... $ 15,246 Construction Inspection Services .. $ 59,430 Staking ........................................... $ 5,274 Total Fee $ 79,950 Materials Testing………………... $ 8,885 Our construction observation fees are based on the project being substantially completed in 2018. The fees are estimated hourly, based on part time inspection of fourteen (14) hours per week, and the contractor substantially completing the work in approximately twelve (12) weeks. We will work diligently with the City and the contractor to ensure a timely schedule is kept in accordance with the plans and specifications. We have included construction materials testing services in WSB’s scope of work. Mr. Michael Grochala September 4, 2018 Page 2 A detailed list of project tasks is defined and shown on the attached task hour budget worksheet. Tasks not shown are considered outside of the scope of services. This letter represents our understanding of the 2018 LaMotte Area Street and Utility Improvement Project and the proposed scope of services. If you are in agreement with the scope of services and proposed fee, please sign in the appropriate space below and return one copy to us. If you have any questions about this proposal, please feel free to call me at 763-287-7179. Sincerely, WSB & Associates, Inc. Edward C. Youngquist Associate ACCEPTED BY: City of Lino Lakes Name Title Date Project Manager Project Engineer Lead Project Two Person Diane Hankee &Inspector Survey Crew Clerical Total WORK TASK Contract No Jim Stremel Ed Youngquist Karla Pederson Hours Cost Task Description A CONTRACT ADMINISTRATION Pre-Construction Conference 2 2 2 2 8 $944.00 Weekly Meeting (Assume 8 meetings)6 6 6 4 22 $2,674.00 Public Notification and Response 4 4 2 10 $1,342.00 Documentation Review 4 2 6 $838.00 Contract Administration 4 4 12 20 $2,060.00 Monthly Pay Estimates 4 4 8 12 28 $2,980.00 Final Pay Voucher 4 4 4 12 24 $2,520.00 Final Documentation 4 4 4 4 16 $1,888.00 SUBTOTAL CONTRACT ADMINISTRATION $15,246.00 B CONSTRUCTION INSPECTION SERVICES Pre-Project Inspection / Removal Measurements 2 12 14 $1,684.00 Part Time Construction Inspection 10 12 448 470 $54,552.00 Traffic Control Inspection 6 6 $690.00 Construction Staking & coordination 4 6 24 34 $5,274.00 Punchlist / Final Inspection 2 4 12 4 22 $2,504.00 SUBTOTAL CONSTRUCTION INSPECTION SERVICES $64,704.00 For a September 17, 2018 Start Date/ November 30, 2018 Substantial Completion Date TOTAL CONSTRUCTION ADMIN AND INSPECTION COSTS $79,950.00 C MATERIALS TESTING Testing Documentation 1 6 7 $816.00 Grading & Base Field Testing Coordination / Review 30 30 $3,450.00 Bituminous Field Testing 4 15 4 23 $2,649.00 Materials Testing Coordination 4 1 8 4 17 $1,970.00 SUBTOTAL MATERIALS TESTING COORDINATION $8,885.00 Total Hours 54 50 571 24 58 757 2018 Hourly Costs 152.00 126.00 115.00 170.00 79.00 TOTAL CONSTRUCTION SERVICES COSTS $8,208.00 $6,300.00 $65,665.00 $4,080.00 $4,582.00 $88,835.00 Lino Lakes, Minnesota LaMotte Drive, LaMotte Circle 2018 LaMotte Area Street and Utility Improvement Project ESTI M ATE OF COST W SB & Associates I nc. CITY COUNCIL AGENDA ITEM 6D(iii) STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: September 10, 2018 TOPIC: Consideration of Resolution No. 18-91,Declare Intent to Reimburse from Bond Proceeds, LaMotte Area Street and Utility Improvements. VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council approval to declare the City’s intent to reimburse itself from bond proceeds for the proposed 2018 LaMotte Area Street Reconstruction Project. BACKGROUND On August 14, 2017 the City Council authorized the preparation of plans and specifications for the LaMotte Reconstruction Project. The project includes street reconstruction, drainage improvements, and sanitary sewer replacement. The estimated project cost is $1,529,000. The projects will be financed by a combination of General Obligation Street Reconstruction Bonds ($1,217,125), sewer operating funds ($242,225) and grant funds from RCWD ($39,500) and MCES ($30,150). The Internal Revenue Code requires cities to declare their intent to reimburse project costs incurred prior to receipt of bond proceeds. Preliminary expenditures such as architectural, engineering, surveying, bond issuance, and similar costs are exempt from this provision. Approval of the Intent to Bond resolutions does not obligate the City issue bonds. RECOMMENDATION Staff is recommending adoption of Resolutions No. 18-91. ATTACHMENTS 1. Resolution No. 18-91 CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 18-91 DECLARING THE OFFICIAL INTENT OF THE CITY OF LINO LAKES TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY (LaMotte Area Street and Utility Improvements) WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the “Reimbursement Regulations”) providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City expects to incur certain expenditures that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a tax-exempt bond; WHEREAS, the City has determined to make this declaration of official intent (“Declaration”) to reimburse certain costs from proceeds of bonds in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES AS FOLLOWS: 1. The City proposes to undertake street and utility improvements on LaMotte Drive and LaMotte Circle, (the “Project”). 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of bonds in an estimated maximum principal amount of $1,529,000.00. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations. 3. This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) “preliminary expenditures” up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the project for which the preliminary expenditures were incurred. The term “preliminary expenditures” includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction. 4. This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the bonds described in paragraph 2 are consistent with the City’s budgetary and financial circumstances. No sources other than proceeds of bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside pursuant to the City’s budget or financial policies to pay such Project expenditures. 5. This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. Adopted by the Council of the City of Lino Lakes this 10th day of September, 2018. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _____________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 6E STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: September 10, 2018 TOPIC : Consider Resolution No. 18-111, Approving City of Lino Lakes ADA Transition Plan, Diane Hankee VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council action to approve the City of Lino Lakes ADA Transition Plan. BACKGROUND The City of Lino Lakes conducted a self-evaluation of its current transportation infrastructure as required by Title II of the Americans with Disabilities Act (ADA). The self-evaluation examines the condition of the City’s pedestrian routes and identifies potential need for infrastructure improvements. This will include curb ramps and bicycle/pedestrian trails that are located within the City rights of way. The self-evaluation is also in place to verify that the City of Lino Lakes is implementing policies and procedures to provide accessibility and not adversely affect the full participation of individuals with disabilities. Based on this self-evaluation, WSB & Associates has prepared an ADA transition plan to highlight the City’s policies and goals to provide accessible pedestrian design features. The plan also outlines a strategy for the City to address the improvements of its current facilities. This includes an estimated budget and timeline for updating the City’s pedestrian routes and infrastructure improvements. RECOMMENDATION Consider Resolution 18-111 Approving City of Lino Lakes ADA Transition Plan. ATTACHMENTS 1. Resolution 18-111 2. ADA Transition Plan CITY OF LINO LAKES RESOLUTION NO. 18-111 APPROVING CITY OF LINO LAKES ADA TRANSITION PLAN WHEREAS, the City of Lino Lakes ADA Transition plan has prepared in order to address policies and infrastructure regarding Title II of the Americans with Disabilities Act (ADA). NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes that the City of Lino Lakes ADA Transition Plan dated September 10, 2018 is approved. BE IT FURTHER RESOLVED Adopted by the Council of the City of Lino Lakes this 10th day of September, 2018. 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 ADA TRANSITION PLAN CITY OF LINO LAKES 600 TOWN CENTER PARKWAY SEPTEMBER 10, 2018 City of Lino Lakes ADA Transition Plan Page 1 1. INTRODUCTION A. TRANSITION PLAN NEED AND PURPOSE The Americans with Disabilities Act (ADA), enacted on July 26, 1990, is a civil rights law prohibiting discrimination against individuals on the basis of disability. ADA consists of five titles outlining protections in the following areas: 1. Employment 2. State and local government services 3. Public accommodations 4. Telecommunications 5. Miscellaneous Provisions Title II of ADA pertains to the programs, activities and services public entities provide. As a provider of public transportation services and programs, the City of Lino Lakes must comply with this section of the Act as it specifically applies to public service agencies. Title II of ADA provides that, “…no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” (42 USC. Sec. 12132; 28 CFR. Sec. 35.130) As required by Title II of ADA, 28 CFR. Part 35 Sec. 35.105 and Sec. 35.150, the City of Lino Lakes has conducted a self-evaluation of its facilities within public rights of way and has developed this Transition Plan detailing how the organization will ensure that all of those facilities are accessible to all individuals. B. ADA AND ITS RELATIONSHIP TO OTHER LAWS Title II of ADA is companion legislation to two previous federal statutes and regulations: the Architectural Barriers Acts of 1968 and Section 504 of the Rehabilitation Act of 1973. The Architectural Barriers Act of 1968 is a Federal law that requires facilities designed, built, altered or leased with Federal funds to be accessible. The Architectural Barriers Act marks one of the first efforts to ensure access to the built environment. Section 504 of the Rehabilitation Act of 1973 is a Federal law that protects qualified individuals from discrimination based on their disability. The nondiscrimination requirements of the law apply to employers and organizations that receive financial assistance from any Federal department or agency. Title II of ADA extended this coverage to all state and local government entities, regardless of whether they receive federal funding or not. C. AGENCY REQUIREMENTS Under Title II, the City of Lino Lakes must meet these general requirements: • Must operate their programs so that, when viewed in their entirety, the programs are accessible to and useable by individuals with disabilities (28 C.F.R. Sec. 35.150). City of Lino Lakes ADA Transition Plan Page 2 • May not refuse to allow a person with a disability to participate in a service, program or activity simply because the person has a disability (28 C.F.R. Sec. 35.130 (a). • Must make reasonable modifications in policies, practices and procedures that deny equal access to individuals with disabilities unless a fundamental alteration in the program would result (28 C.F.R. Sec. 35.130(b) (7). • May not provide services or benefits to individuals with disabilities through programs that are separate or different unless the separate or different measures are necessary to ensure that benefits and services are equally effective (28 C.F.R. Sec. 35.130(b)(iv) & (d). • Must take appropriate steps to ensure that communications with applicants, participants and members of the public with disabilities are as effective as communications with others (29 C.F.R. Sec. 35.160(a). • Must designate at least one responsible employee to coordinate ADA compliance [28 CFR Sec. 35.107(a)]. This person is often referred to as the "ADA Coordinator." The public entity must provide the ADA coordinator's name, office address, and telephone number to all interested individuals [28 CFR Sec. 35.107(a)]. • Must provide notice of ADA requirements. All public entities, regardless of size, must provide information about the rights and protections of Title II to applicants, participants, beneficiaries, employees, and other interested persons [28 CFR Sec. 35,106]. The notice must include the identification of the employee serving as the ADA coordinator and must provide this information on an ongoing basis [28 CFR Sec. 104.8(a)]. • Must establish a grievance procedure. Public entities must adopt and publish grievance procedures providing for prompt and equitable resolution of complaints [28 CFR Sec. 35.107(b)]. This requirement provides for a timely resolution of all problems or conflicts related to ADA compliance before they escalate to litigation and/or the federal complaint process. This document has been created to specifically cover accessibility within the public rights of way and does not include information on the City of Lino Lakes’ programs, practices, or building facilities not related to public rights of way. City of Lino Lakes ADA Transition Plan Page 3 2. SELF-EVALUATION A. OVERVIEW The City of Lino Lakes is required, under Title II of the Americans with Disabilities Act (ADA) and 28CFR35.105, to perform a self-evaluation of its current transportation infrastructure policies, practices, and programs. This self-evaluation will identify what policies and practices impact accessibility and examine how the City of Lino Lakes implements these policies. The goal of the self-evaluation is to verify that, in implementing the City of Lino Lakes’ policies and practices, the department is providing accessibility and not adversely affecting the full participation of individuals with disabilities. The self-evaluation also examines the condition of the City of Lino Lakes’ Pedestrian Circulation Route/Pedestrian Access Route) (PCR/PAR) and identifies potential need for PCR/PAR infrastructure improvements. This will include the curb ramps and bicycle/pedestrian trails that are located within the City of Lino Lakes rights of way. Any barriers to accessibility identified in the self-evaluation and the remedy to the identified barrier are set out in this transition plan. B. SUMMARY In July and August of 2018, the City of Lino Lakes Public Services staff conducted an inventory of 370 pedestrian curb ramps within its public right of way. In addition, data from the City’s pavement management system was used to evaluate the condition of 30 miles of bituminous trail segments within its public right of way. A summary of these facilities as provided by City of Lino Lakes staff related to ADA standards is found in Appendix A and will be updated periodically. 3. POLICIES AND PRACTICES A. PREVIOUS PRACTICES Since the adoption of the ADA, the City of Lino Lakes has striven to provide accessible pedestrian features as part of the City’s capital improvement projects. As additional information was made available as to the methods of providing accessible pedestrian features, the City of Lino Lakes updated their procedures to accommodate these methods. B. POLICY The City of Lino Lakes’ goal is to continue to provide accessible pedestrian design features as part of the City’s capital improvement projects. The City of Lino Lakes has established ADA design standards and procedures as listed in Appendix F. These standards and procedures will be kept up to date with nationwide and local best management practices. The City will consider and respond to all accessibility improvement requests. All accessibility improvements that have been deemed reasonable will be scheduled consistent with transportation priorities. The City of Lino Lakes will coordinate with external agencies to City of Lino Lakes ADA Transition Plan Page 4 ensure that all new or altered pedestrian facilities within the City of Lino Lakes jurisdiction are ADA compliant to the maximum extent feasible. Maintenance of pedestrian facilities within the public right of way will continue to follow the policies set forth by the City of Lino Lakes. All City street reconstruction projects with pedestrian facilities will be designed and constructed in accordance with the most current ADA guidance and design best practices to the maximum extent feasible. Requests for accessibility improvements can be submitted to the ADA Coordinator. Contact information for the ADA Coordinator is located in Appendix E. 4. IMPROVEMENT SCHEDULE A. PRIORITY AREAS The City of Lino Lakes has identified areas near public buildings/facilities and schools as a priority for planned accessibility improvement projects. Additional priority will be given to any location where an improvement project or alteration was constructed after January 26, 1991, and accessibility features were omitted. B. EXTERNAL AGENCY COORDINATION Many other agencies are responsible for pedestrian facilities within the jurisdiction of the City of Lino Lakes, including Anoka County, MnDOT, and Metro Transit. The City will coordinate with those agencies to track and assist in the facilitation of the elimination of accessibility barriers along their routes. C. SCHEDULE The City of Lino Lakes has set the following schedule goals for improving the accessibility of its pedestrian facilities within the City jurisdiction: • After 20 years, 80 percent of accessibility features within the jurisdiction of the City of Lino Lakes would be ADA compliant. 5. ADA COORDINATOR In accordance with 28 CFR 35.107(a), the City of Lino Lakes has identified an ADA Title II Coordinator to oversee the City’s policies and procedures. Contact information for this individual is located in Appendix E. 6. IMPLEMENTATION SCHEDULE The City of Lino Lakes will utilize two primary methods for upgrading pedestrian facilities to the current ADA standards. The first and most comprehensive of the two methods are the scheduled street and utility improvement projects. All pedestrian facilities impacted by these projects will be upgraded to current ADA accessibility standards. The second method is the stand-alone sidewalk and ADA accessibility improvement project. These projects may be City of Lino Lakes ADA Transition Plan Page 5 incorporated into the Capital Improvement Program (CIP) on a case by case basis as determined by the City of Lino Lakes. The City CIP, which includes a detailed schedule and budget for specific improvements, is available on the City’s website at https://www.ci.lino- lakes.mn.us. The City also has an annual maintenance budget for sidewalk improvements that may be utilized as appropriate. 7. PUBLIC OUTREACH The City of Lino Lakes recognizes that public participation is an important component in the development of this document. Input from the community has been gathered and used to help define priority areas for improvements within the jurisdiction of the City of Lino Lakes. Public outreach for the creation of this document consisted of comments and discussion at the September 4th, 2018, City Council work session meeting. This document is also available on-line for public review. A summary of comments received and detailed information regarding the public outreach activities are located in Appendix C. Additional public outreach efforts will be provided as the City implements its plan and over time as improvements are made. 8. GRIEVANCE PROCEDURE Under the Americans with Disabilities Act, each agency is required to publish its responsibilities in regard to the ADA. A draft of this public notice is provided in Appendix D. If users of the City of Lino Lakes facilities and services believe the City has not provided reasonable accommodation, they have the right to file a grievance. In accordance with 28 CFR 35.107(b), the City of Lino Lakes has developed a grievance procedure for the purpose of the prompt and equitable resolution of citizens’ complaints, concerns, comments, and other grievances. This grievance procedure is outlined in Appendix D. 9. MONITOR THE PROGRESS This document will continue to be updated as conditions within the City evolve. The appendices in this document will be updated periodically, while the main body of the document will be updated every five years with a future update schedule to be developed at that time. A public comment period will be incorporated into each update. City of Lino Lakes ADA Transition Plan Appendices APPENDICES A. SELF-EVALUATION RESULTS B. SCHEDULE / BUDGET INFORMATION C. PUBLIC OUTREACH D. GRIEVANCE PROCEDURE E. CONTACT INFORMATION F. AGENCY ADA DESIGN STANDARDS AND PROCEDURES G. GLOSSARY OF TERMS City of Lino Lakes ADA Transition Plan Appendix A APPENDIX A – SELF-EVALUATION RESULTS The City of Lino Lakes Public Services staff performed an inventory of curb ramps in July and August of 2018. A total of 370 curb ramp locations were inventoried. In addition, information related to the pavement condition of trails was provided from the City’s pavement management system. Based upon this information, this initial self-evaluation of pedestrian facilities yielded the following results: • 23 percent of curb ramps have truncated domes • 21 traffic signals include Accessible Pedestrian Signal (APS) audible features • 61 percent of trails were rated as good condition or higher • 39 percent of trails were rated as average or lower City of Lino Lakes ADA Transition Plan Appendix B APPENDIX B – SCHEDULE / BUDGET INFORMATION 1. UNIT PRICES Construction costs for upgrading facilities can vary depending on each individual improvement and conditions of each site. Costs can also vary on the type and size of project the improvements are associated with. Listed below are representative 2018 costs for some typical accessibility improvements based on if the improvements are included as part of a retrofit type project, or as part of a larger comprehensive capital improvement project. Intersection corner ADA improvement retrofit: +/- $3,000 per corner Intersection corner ADA improvement as part of adjacent capital project: +/- $1,500 per corner Traffic control signal APS upgrade retrofit: +/-$ 15,000 Traffic control signal APS upgrade as part of full traffic control signal installation: +/- $10,000 Sidewalk / Trail ADA improvement retrofit: +/- $5.00 per SF Sidewalk / Trail ADA improvement as part of adjacent capital project: +/- $3.50 per SF Bus Stop ADA improvement retrofit: +/- $400 per stop Bus Stop ADA improvement as part of adjacent capital project: +/- $250 per stop 2. ESTIMATED COSTS Based on the results of the self-evaluation, the estimated costs associated with providing ADA accessibility for city-owned facilities within the public right of way is $1,180,000. This amount is significant, and the City of Lino Lakes will work towards providing ADA accessibility as financially feasible and will incorporate ADA compliance standards into future City right of way projects. A systematic approach to providing accessibility will be taken in order to absorb the cost into the City of Lino Lakes budget for improvements to the public right of way. Additional city contributions may be required as part of county and state roadway improvements based on cost participation policies as they upgrade facilities consistent with their respective ADA Transition Plan goals and objectives. The City of Lino Lakes Capital Improvement Plan (CIP), which includes a detailed schedule and budget for specific improvements, is available on the City’s website at: https://www.ci.lino-lakes.mn.us/ Subtotal Total Trail 64,251 SF 5.00$ /SF 321,255.00$ Curb Ramps 286 Each 3,000.00$ /Each 858,000.00$ 1,179,255.00$ Replace Unit Cost City of Lino Lakes ADA Transition Plan Appendix C APPENDIX C – PUBLIC OUTREACH On September 4th, 2018, the City Council discussed the draft ADA Transition Plan during a Work Session meeting. Additional public outreach efforts will be provided as the City implements its plan and over time as improvements are made. City of Lino Lakes ADA Transition Plan Appendix D APPENDIX D – GRIEVANCE PROCEDURE As part of the ADA requirements the City has posted the following notice outlining its ADA requirements: 1. PUBLIC NOTICE In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990, The City of Lino Lakes will not discriminate against qualified individuals with disabilities on the basis of disability in the City’s services, programs, or activities. Employment: The City of Lino Lakes does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the Americans with Disabilities Act (ADA). Effective Communication: The City of Lino Lakes will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City’s programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. Modifications to Policies and Procedures: The City of Lino Lakes will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities. For example, individuals with service animals are welcomed in City offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a City of Lino Lakes program, service, or activity, should contact the office of the City’s ADA Coordinator, as soon as possible but no later than 48 hours before the scheduled event. The ADA does not require the City of Lino Lakes to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. The City of Lino Lakes will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. City of Lino Lakes ADA Transition Plan Appendix D 2. CITY OF LINO LAKES GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Lino Lakes. The City's Personnel Policy governs employment-related complaints of disability discrimination. The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request. The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to: ADA Coordinator: Rick DeGardner Public Services Director 600 Town Center Parkway Lino Lakes, MN 55014 Within 15 calendar days after receipt of the complaint, the ADA Coordinator or assigned designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the ADA Coordinator or assigned designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City of Lino Lakes and offer options for substantive resolution of the complaint. If the response by the ADA Coordinator or assigned designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the City Administrator or assigned designee. Within 15 calendar days after receipt of the appeal, the City Administrator or assigned designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the City Administrator or assigned designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. All written complaints received by the ADA Coordinator or assigned designee, appeals to the City Administrator or assigned designee, and responses from these two offices will be retained by the City of Lino Lakes for at least seven years. Complaints of Title II violations may also be filed with the DOJ within 180 days of the date of discrimination. In certain situations, cases may be referred to a mediation program City of Lino Lakes ADA Transition Plan Appendix D sponsored by the Department of Justice (DOJ). The DOJ may bring a lawsuit where it has investigated a matter and has been unable to resolve violations. For more information, contact: U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Disability Rights Section - NYAV Washington, D.C. 20530 www.ada.gov (800) 514-0301 (voice – toll free) (800) 514-0383 (TTY) Title II may also be enforced through private lawsuits in Federal court. It is not necessary to file a complaint with the DOJ or any other Federal agency, or to receive a "right-to-sue" letter, before going to court. City of Lino Lakes ADA Grievance Form Page 1 City of Lino Lakes Title II of the Americans with Disabilities Act Section 504 of the Rehabilitation Act of 1973 Discrimination Complaint Form Instructions: Please fill out this form completely, in black ink or type. Sign and return to the address on page 3. Complainant: _________________________________________________________________________ Address: ____________________________________________________________________________ City, State and Zip Code: _______________________________________________________________ Telephone:___________________________________________________________________________ Home: ______________________________________________________________________________ Business: ____________________________________________________________________________ Person Discriminated Against (if other than the complainant): __________________________________ Address: ____________________________________________________________________________ City, State, and Zip Code: _______________________________________________________________ Telephone: Home: ________________________ Business: _______________________________ Government, or organization, or institution which you believe has discriminated Name: ______________________________________________________________________________ Address: ____________________________________________________________________________ County: _____________________________________________________________________________ City, State and Zip Code: _______________________________________________________________ Telephone Number: ___________________________________________________________________ City of Lino Lakes ADA Grievance Form Page 2 When did the discrimination occur? ______________________________ Date: __________________ Describe the acts of discrimination providing the name(s) where possible of the individuals who discriminated (use space on page 3 if necessary): Have efforts been made to resolve this complaint through the internal grievance procedure of the government, organization, or institution? Yes ______ No _____ If yes: what is the status of the grievance? Has the complaint been filed with another bureau of the Department of Justice or any other Federal, State, or local civil rights agency or court? Yes ______ No _____ If yes: Agency or Court:______________________________________________________________________ Contact Person: _______________________________________________________________________ Address: ____________________________________________________________________________ City, State, and Zip Code: _______________________________________________________________ Telephone Number: ___________________________________________________________________ Date Filed: ___________________________________________________________________________ City of Lino Lakes ADA Grievance Form Page 3 Do you intend to file with another agency or court? Yes______ No______ Agency or Court:______________________________________________________________________ Address: ____________________________________________________________________________ City, State and Zip Code: _______________________________________________________________ Telephone Number: ___________________________________________________________________ Additional space for answers: Signature: ___________________________________________ Date: _______________________________________________ Return to: ADA Coordinator 600 Town Center Parkway Lino Lakes, MN 55014 City of Lino Lakes ADA Transition Plan Appendix E APPENDIX E – CONTACT INFORMATION 1. ADA TITLE II COORDINATOR Name: Rick DeGardner, Public Services Director Address: 600 Town Center Parkway Lino Lakes, MN 55014 Phone: 651-982-2444 E-mail: rick.degardner@ci.lino-lakes.mn.us 2. PUBLIC RIGHT OF WAYS ADA IMPLEMENTATION COORDINATOR Name: Rick DeGardner, Public Services Director Address: 600 Town Center Parkway Lino Lakes, MN 55014 Phone: 651-982-2444 E-mail: rick.degardner@ci.lino-lakes.mn.us City of Lino Lakes ADA Transition Plan Appendix F APPENDIX F – AGENCY ADA DESIGN STANDARDS AND PROCEDURES 1. DESIGN PROCEDURES Intersection Corners Curb ramps or blended transitions will attempt to be constructed or upgraded to achieve compliance within all capital improvement projects. There may be limitations which make it technically infeasible for an intersection corner to achieve full accessibility within the scope of any project. Those limitations will be noted and those intersection corners will remain on the transition plan. As future projects or opportunities arise, those intersection corners shall continue to be incorporated into future work. Regardless on if full compliance can be achieved or not, each intersection corner shall be made as compliant as possible in accordance with the judgment of City staff. Sidewalks / Trails Sidewalks and trails will attempt to be constructed or upgraded to achieve compliance within all capital improvement projects. There may be limitations which make it technically infeasible for segments of sidewalks or trails to achieve full accessibility within the scope of any project. Those limitations will be noted and those segments will remain on the transition plan. As future projects or opportunities arise, those segments shall continue to be incorporated into future work. Regardless on if full compliance can be achieved or not, every sidewalk or trail shall be made as compliant as possible in accordance with the judgment of City staff. Traffic Control Signals Traffic control signals will attempt to be constructed or upgraded to achieve compliance within all capital improvement projects. There may be limitations which make it technically infeasible for individual traffic control signal locations to achieve full accessibility within the scope of any project. Those limitations will be noted and those locations will remain on the transition plan. As future projects or opportunities arise, those locations shall continue to be incorporated into future work. Regardless on if full compliance can be achieved or not, each traffic signal control location shall be made as compliant as possible in accordance with the judgment of City staff. Bus Stops Bus stops will attempt to be constructed or upgraded to achieve compliance within all capital improvement projects in coordination with Metro Transit. There may be limitations which make it technically infeasible for individual bus stop locations to achieve full accessibility within the scope of any project. Those limitations will be noted and those locations will remain on the transition plan. As future projects or opportunities arise, those locations shall continue to be incorporated into future work. Regardless on if full compliance can be achieved or not, each bus stop location shall be made as compliant as possible in accordance with the judgment of City staff and coordination with Metro Transit. City of Lino Lakes ADA Transition Plan Appendix F Other Transit Facilities Additional transit facilities are present within the limits of the City of Lino Lakes. Those facilities fall under the jurisdiction of Metro Transit. The City of Lino Lakes will work with Metro Transit to ensure that those facilities meet all appropriate accessibility standards. Other policies, practices and programs Policies, practices and programs not identified in this document will follow the applicable ADA standards. 2. DESIGN STANDARDS The City of Lino Lakes has PROWAG, as adopted by the Minnesota Department of Transportation (MnDOT), as its design standard. Refer to MnDOT Accessibility Design Guidance for current standards on the MnDOT website at: http://www.dot.state.mn.us/ada/design.html. City of Lino Lakes ADA Transition Plan Appendix G APPENDIX G – GLOSSARY OF TERMS ABA: See Architectural Barriers Act. ADA: See Americans with Disabilities Act. ADA Transition Plan: Mn/DOT’s transportation system plan that identifies accessibility needs, the process to fully integrate accessibility improvements into the Statewide Transportation Improvement Program (STIP), and ensures all transportation facilities, services, programs, and activities are accessible to all individuals. ADAAG: See Americans with Disabilities Act Accessibility Guidelines. Accessible: A facility that provides access to people with disabilities using the design requirements of the ADA. Accessible Pedestrian Signal (APS): A device that communicates information about the WALK phase in audible and vibrotactile formats. Alteration: A change to a facility in the public right of way that affects or could affect access, circulation, or use. An alteration must not decrease or have the effect of decreasing the accessibility of a facility or an accessible connection to an adjacent building or site. Americans with Disabilities Act (ADA): The Americans with Disabilities Act; Civil rights legislation passed in 1990 and effective July 1992. The ADA sets design guidelines for accessibility to public facilities, including sidewalks and trails, by individuals with disabilities. Americans with Disabilities Act Accessibility Guidelines (ADAAG): contains scoping and technical requirements for accessibility to buildings and public facilities by individuals with disabilities under the Americans with Disabilities Act (ADA) of 1990. APS: See Accessible Pedestrian Signal. Architectural Barriers Act (ABA): Federal law that requires facilities designed, built, altered or leased with Federal funds to be accessible. The Architectural Barriers Act marks one of the first efforts to ensure access to the built environment. Capital Improvement Program (CIP): The CIP for the Transportation Department includes an annual capital budget and a five-year plan for funding the new construction and reconstruction projects on the county’s transportation system. Detectable Warning: A surface feature of truncated domes, built in or applied to the walking surface to indicate an upcoming change from pedestrian to vehicular way. DOJ: See United States Department of Justice City of Lino Lakes ADA Transition Plan Appendix G Federal Highway Administration (FHWA): A branch of the US Department of Transportation that administers the federal-aid Highway Program, providing financial assistance to states to construct and improve highways, urban and rural roads, and bridges. FHWA: See Federal Highway Administration Pedestrian Access Route (PAR): A continuous and unobstructed walkway within a pedestrian circulation path that provides accessibility. Pedestrian Circulation Route (PCR): A prepared exterior or interior way of passage provided for pedestrian travel. PROWAG: An acronym for the Guidelines for Accessible Public Rights-of-Way issued in 2005 by the U. S. Access Board. This guidance addresses roadway design practices, slope, and terrain related to pedestrian access to walkways and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other components of public rights of way. Right of Way: A general term denoting land, property, or interest therein, usually in a strip, acquired for the network of streets, sidewalks, and trails creating public pedestrian access within a public entity’s jurisdictional limits. Section 504: The section of the Rehabilitation Act that prohibits discrimination by any program or activity conducted by the federal government. Uniform Accessibility Standards (UFAS): Accessibility standards that all federal agencies are required to meet; includes scoping and technical specifications. United States Access Board: An independent federal agency that develops and maintains design criteria for buildings and other improvements, transit vehicles, telecommunications equipment, and electronic and information technology. It also enforces accessibility standards that cover federally funded facilities. United States Department of Justice (DOJ): The United States Department of Justice (often referred to as the Justice Department or DOJ), is the United States federal executive department responsible for the enforcement of the law and administration of justice. CITY COUNCIL AGENDA ITEM 6F STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: September 10, 2018 TOPIC: Resolution No. 18-97, Accepting Quotes and Awarding a Construction Contract, 2018 Trail Maintenance Project VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting authorization to accept quotes and award the construction contract for the 2018 Trail Maintenance Project. BACKGROUND The 2018 Trail Maintenance Project includes: August Circle Trail Maintenance Maintenance of the trail section west of August Circle includes raising the grade of the trail to prevent the adjacent wetland from continuing to over-top the trail. Enclosed location map. The project is funded through the annual trail maintenance budget. Quotes for the project were received on August 28th, 2018. The quotes were checked for mathematical accuracy and tabulated. CONTRACTOR TOTAL QUOTE Asphalt Concrete Solutions Did Not Quote Muellner Blacktop, Inc. Did Not Quote Arcade Asphalt, Inc. Did Not Quote Allied Blacktop Co. $34,534.55 Lino Lakes Blacktop, Inc. Did Not Quote The engineers estimate for the project was $31,730.00. The low bid was submitted by Allied Blacktop Co. of Maple Grove, Minnesota, in the amount of $34,534.55. The completion date for this project is November 21st, 2018. RECOMMENDATION Staff recommends adoption of Resolution No. 18-97 accepting quotes and awarding a construction contract for the 2018 Trail Maintenance Project, in the amount of $34,534.55 to Allied Blacktop Co. ATTACHMENTS 1. Resolution No. 18-97 2. Figure 1 – August Circle trail location CITY OF LINO LAKES RESOLUTION NO. 18-97 RESOLUTION ACCEPTING QUOTES, AND AWARDING A CONSTRUCTION CONTRACT, 2018 TRAIL MAINTENANCE PROJECT WHEREAS, pursuant to a request for quotes for the construction of the 2018 Trail Maintenance Project, quotes were received, and tabulated: CONTRACTOR TOTAL QUOTE Asphalt Concrete Solutions Did Not Quote Muellner Blacktop, Inc. Did Not Quote Arcade Asphalt, Inc. Did Not Quote Allied Blacktop Co. $34,534.55 Lino Lakes Blacktop, Inc. Did Not Quote WHEREAS, it appears that Allied Blacktop Co. of Maple Grove, Minnesota is the lowest responsible bidder; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Mayor and Clerk are hereby authorized and directed to enter into a contract Allied Blacktop Co. for the construction of the 2018 Trail Maintenance Project in the amount of $34,534.55; Adopted by the Council of the City of Lino Lakes this 10th day of September, 2018. 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 Langer LaC le a r w a t e r C r e e k D r Hartford Cir A ugust Cir 6414LANGER LN 6483CLEARWATERCREEK DR 6408LANGER LN 6465CLEARWATERCREEK DR 2300DELINA CIR 6378AUGUST CIR 6390LANGER LN 6365HARTFORDCIR6396LANGER LN 6477CLEARWATERCREEK DR 6453CLEARWATERCREEK DR 6420LANGER LN 6402LANGER LN 6359LANGER LN 6371HARTFORDCIR 6384AUGUST CIR 6471CLEARWATERCREEK DR 6459CLEARWATERCREEK DR 6360AUGUST CIR 6377HARTFORDCIR 6372AUGUST CIR 6354AUGUST CIR 6395HARTFORDCIR 6366AUGUST CIR Existing Trail Remove Trees an d Add Fillas Necessary to Drain Trail Reconstruction andGrade Raise 0 100Feet¯2018 Trail Maintenance ProjectFigure 1 Document Path: K:\012444-000\GIS\Maps\Figure1_TRL020.mxd Date Saved: 7/20/2018 1:57:01 PM1 inch = 100 f eetLino Lakes, MN Notes:1) The limits of removals shall be determined by the engine er in the field with coordination from the contractor prior to the start of construction.2) Contractor shall protect adjacent landscaping during construction at no additional compensation.3) Final grades to be approved by engineer in the field.