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
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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
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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.
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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
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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.
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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
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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
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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.
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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
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Tel: 763-541-4800
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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
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w
a
t
e
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C
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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.