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Home My WebLink About04-22-2019 Council Packet EXPANDED AGENDA CITY COUNCIL AGENDA Monday, April 22, 2019 *********** 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 COUNCIL WORK SESSION, 6:00 P.M. Community Room (not televised) 1. Review Regular Agenda 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 accepted as presented 1. CONSENT AGENDA A) Consideration of Expenditures: i) April 22, 2019 (Check No. 110054 through 110134) in the amount of $349,586.62. B) Consider approval of April 1, 2019 Council Work Session Minutes C) Consider approval of April 8, 2019 Council Minutes D) Consider approval of April 8, 2019 Special Work Session Minutes E) Consider approval of April 8, 2019 Closed Session Minutes F) Advisory Board Appointments Action Taken: Motion by Rafferty, seconded by Maher, to approve Consent Agenda Items 1A through 1F as presented was adopted 2. FINANCE DEPARTMENT REPORT No report Council Agenda -2- April 22, 2019 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Appointment of Accountant, Karissa Bartholomew Action Taken: Motion by Manthey, seconded by Stoesz, to approve the appointment of Tracy Thoma as recommended, was adopted B) Consider 2nd Reading of Ordinance No. 02-19, Amending Chapter 208 of the Lino Lakes City Code Providing for a Public Safety Department, Jeff Karlson Action Taken: Motion by Rafferty, seconded by Maher, to approve the 2nd Reading and adoption of Ordinance No. 02-19 as presented, was adopted: Yeas, 5; Nays none. 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider Accepting Monetary Donation to the Canine Unit, John Swenson Action Taken: Motion by Rafferty, seconded by Manthey, to accept the donation as recommended, was adopted 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Consider 2nd Reading of Ordinance No. 07-19 Approving Rezoning for Lyngblomsten, Katie Larsen Action Taken: Motion by Maher, seconded by Manthey, to approved the 2nd Reading and adoption of Ordinance No. 07-19 as presented, was adopted: Yeas, 5; Nays none. B) Eastside Villas, Katie Larsen i. Consider Resolution No. 19-48 Approving PUD Final Plan/Final Plat Action Taken: Motion by Manthey, seconded by Maher, to approve Resolution No. 19-48 as amended, was adopted ii. Consider Resolution No. 19-49 Approving Development Agreement and Planned Unit Development Agreement Action Taken: Motion by Manthey, seconded by Stoesz, to approve Resolution No. 19-49 as presented, was adopted C) Consider Resolution No. 19-50 Approving Participation in Anoka County CDBG and HOME programs, Michael Grochala Action Taken: Motion by Stoesz, seconded by Maher, to approve Resolution No. 19-50 as presented, was adopted D) Consider Resolution No. 19-52, Affirming Ordinance No. 21-95 Approving Land Sale to UDOR USA, Inc., Michael Grochala Action Taken: Motion by Maher, seconded by Manthey, to approve Resolution No. 19-52 as presented, was adopted Council Agenda -3- April 22, 2019 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar – A Look Ahead April 22, 2019 through May 13, 2019 Wednesday, April 24 6:30 pm, Council Chambers Environmental Board Thursday, May 1 8:00 am, Community Room EDAC Monday, May 6 6:00 pm, Council Chambers Board of Appeal Monday, May 6 6:30 pm, Community Room Council Work Session Wednesday, May 8 6:30 pm, Council Chambers Planning & Zoning Board Thursday, May 9 6:30 pm, Community Room Charter Commission Monday, May 13 6:30 pm, Council Chambers City Council Meeting Updated April 19, 2019 CITY COUNCIL AGENDA Monday, April 22, 2019 *********** 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 COUNCIL WORK SESSION, 6:00 P.M. Community Room (not televised) 1. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call  Pledge of Allegiance  Open Mike / Public Comment  Setting the Agenda: Addition or deletion of agenda items 1. CONSENT AGENDA A) Consideration of Expenditures: i) April 22, 2019 (Check No. 110054 through 110134) in the amount of $349,586.62. B) Consider approval of April 1, 2019 Council Work Session Minutes C) Consider approval of April 8, 2019 Council Minutes D) Consider approval of April 8, 2019 Special Work Session Minutes E) Consider approval of April 8, 2019 Closed Session Minutes F) Advisory Board Appointments 2. FINANCE DEPARTMENT REPORT No report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Appointment of Accountant, Karissa Bartholomew B) Consider 2nd Reading of Ordinance No. 02-19, Amending Chapter 208 of the Lino Lakes City Code Providing for a Public Safety Department, Jeff Karlson * Council may vote to dispense with full reading of the ordinance * Roll call vote is required for adoption of the ordinance Council Agenda -2- April 22, 2019 4. PUBLIC SAFETY DEPARTMENT REPORT A) Consider Accepting Monetary Donation to the Lino Lakes Public Safety Canine Unit, John Swenson 5. PUBLIC SERVICES DEPARTMENT REPORT No report 6. COMMUNITY DEVELOPMENT REPORT A) Consider 2nd Reading of Ordinance No. 07-19 Approving Rezoning for Lyngblomsten, Katie Larsen *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance B) Eastside Villas, Katie Larsen i. Consider Resolution No. 19-48 Approving PUD Final Plan/Final Plat ii. Consider Resolution No. 19-49 Approving Development Agreement and Planned Unit Development Agreement C) Consider Resolution No. 19-50 Approving Participation in Anoka County CDBG and HOME programs, Michael Grochala D) Consider Resolution No. 19-52, Affirming Ordinance No. 21-95 Approving Land Sale to UDOR USA, Inc., Michael Grochala 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar – A Look Ahead April 22, 2019 through May 13, 2019 Wednesday, April 24 6:30 pm, Council Chambers Environmental Board Thursday, May 1 8:00 am, Community Room EDAC Monday, May 6 6:00 pm, Council Chambers Board of Appeal Monday, May 6 6:00 pm, Council Chambers Park Board Monday, May 6 6:30 pm, Community Room Council Work Session Wednesday, May 8 6:30 pm, Council Chambers Planning & Zoning Board Monday, May 13 6:30 pm, Council Chambers City Council Meeting CITY COUNCIL WORK SESSION April 1, 2019 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : April 1, 2019 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 9:30 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; City Planner Katie 12 Larsen; Finance Director Sarah Cotton; Public Services Director Rick DeGardner; City 13 Engineer Diane Hankee; Environmental Coordinator Marty Asleson; City Clerk Julie 14 Bartell 15 1. Preview for Board of Appeal and Equalization - Anoka County Assessor Alex 16 Guggenberger first updated the council on staff changes at the County Assessor’s Office. 17 18 Mr. Guggenberger reviewed the Board report. Mayor Reinert asked that staff provide a 19 contact number that they can pass on to the residents (so they can discuss their case prior 20 to the board meeting). 21 22 Mr. Guggenberger explained how the assessment calculations are prepared: first using a 23 preliminary basis point (6.9% for Lino Lakes) and then using additional information from 24 there. He also explained how the Assessor calculates the value of municipal water and 25 sewer connection. He referenced the quintile map (indicating when they will be visiting 26 certain areas) included in the Board report that could be added to the City website. 27 28 Information reviewed included: 29 - How the average home price in Anoka County compares to other metro area 30 counties; 31 - Values by county have tracked closely among counties; 32 - Sales ratios – stay above 90%; 33 - How tightly correlated sales are to average; 34 - Aggregate value totals. 35 36 Mayor Reinert remarked that this will be the highest valuation that the City has 37 experienced. 38 39 The Board of Appeal for Lino Lakes will be held on May 6th at 6:00 p.m. Staff will work 40 on providing information for residents on when appraisers will be visiting in Lino Lakes 41 and information their credentials. 42 2. Access to Channel 16 – North Metro Television (NMTV) Executive Director 43 Heidi Arnson was present. Administrator Karlson noted that a resident complained about 44 CITY COUNCIL WORK SESSION April 1, 2019 DRAFT 2 not being able to access Channel 16 without cable service. Ms. Arnson reviewed the 45 specific situation where a signal cannot get to someone who doesn’t have a digital set up. 46 She noted that the government channel is now streamed and is available on the city’s 47 website at any time. The agendas for meetings are now bookmarked for easy. Videos of 48 past meetings are archived for a period and are available as well through the City website. 49 Also they will begin offering the channel on Roku and other services television this 50 summer. 51 52 Mayor Reinert discussed the matter of viewership and heard that actual numbers aren’t 53 available. Ms. Arnson noted that franchise renewal is just beginning for NMTV and she 54 anticipates that a view survey will be a part of that process. 55 56 Council Member Stoesz noted how the channel services are financed – fees through 57 Comcast accounts. 58 3. Lyngblomsten Financial Assistance Request - Mikaela Huot (Springsted), and 59 Community Development Director Grochala reported. Ms. Huot reviewed the estimated 60 project costs, including financing, site development, etc. The total cost of $77 million 61 would cover all elements including acquisition for the commercial. 62 63 Mr. Grochala reviewed the proposed sewer improvements, extending from the area to 64 serve future development. 65 66 Mr. Grochala remarked that staff is presenting a tax increment financial (TIF) proposal 67 from the developer for the council’s review and to understand if the council has flexibility 68 in the matter of the TIF time period. Five to six years has been the standard for the City. 69 70 Ms. Huot reviewed a PowerPoint including information on: 71 - Application submitted to City for financial assistance in the amount of $5.3 72 million over 15 years; 73 - Total investment compared with requested assistance; 74 - The development area outside of the proposed district and tax that would be 75 generated; 76 - What housing would be designated to fulfill requirement for units (senior care 77 units of 198 units); 78 - Request is for pay-as-you -go assistance (financed up front by developer); 79 - Reasons why public financial assistance is being requested; 80 - Staff is in the process of the due diligence review of the application; 81 - Annual increment estimates. 82 83 Mayor Reinert remarked that use of tax increment financing exists in many cities. The 84 council should discuss TIF as a financing tool for this city, and how TIF fits into this 85 development proposed for in Lino Lakes. His preference would be to have it privately 86 developed completely; the development will bring additional costs to the city. He noted 87 CITY COUNCIL WORK SESSION April 1, 2019 DRAFT 3 that there is a precedent for this tool in other city developments. He threw out the 88 possibility of cutting the requested period in half. 89 90 Community Development Director Grochala noted past use of TIF – Target Store (6 91 years); Distribution Alternatives (5.5 years) and a housing project many years ago. 92 93 Mayor Reinert asked if the council is interested in the possibility. Council Member 94 Stoesz said he is interested (perhaps a ten year period if necessary for a very difficult 95 corner); Council Member Maher thinks the project is worth the establishment of a district 96 (probably not more than 6 years); Council Member Rafferty said he likes the project but 97 he isn’t comfortable at this point on the tax increment element; Council Member Manthey 98 said he would like to understand the numbers more but knows the corner will probably 99 need some help. 100 101 Mayor Reinert noted that there is more work ahead so it appears there will be more time 102 spent by the council on the subject. Community Development Director Grochala said he 103 sees the need for more work but he hears interest on the part of the council and some 104 flexibility in the time period. 105 106 A Lyngblomsten developer representative clarified that the townhome tax revenue would 107 not be included. Regarding the site selection, it’s common knowledge that they’ve 108 looked at Arden Hills as well. He also noted that developers prefer to not include tax 109 increment in their project financing proposals but in this case it is necessary. There are 110 some right of way issues and extra costs and some high priced land. The project includes 111 a lot of costs and risk. He noted that there is a timing issue and commitments coming up 112 in the next week or so. 113 114 Mayor Reinert asked that the council educate themselves over the next week and then 115 hold a work session before next Monday’s meeting to discuss the subject further. 116 117 The council requested that staff prepare a range of revenues based on the term of the 118 district. 119 120 The developer remarked that what they will need to hear in a week is that the council is 121 comfortable moving forward. 122 123 The council concurred to meet at a special session on Monday, April 8 at 6:00 p.m. to 124 discuss the matter. 125 126 City Planner Larsen reviewed her regular agenda item, 6A, also relating to the 127 Lyngblomsten project. There have been some changes to the plans which were 128 reviewed: 129 - Phasing was reviewed: 130 - At the NE corner of the development, there are changes from community garden 131 to stormwater pond to meet water management requirements; 132 CITY COUNCIL WORK SESSION April 1, 2019 DRAFT 4 - In the cottage homes, Lot #9 shifted, still within requirements; 133 - Additional landscaping/screening; 134 - Path/trail development improvements, setback changed a bit. 135 136 The council will consider Item 6A at the regular council meeting on April 8th. 137 4. Well No. 7 Test Well revisions, Greg Johnson (WSB) – Greg Johnson of WSB 138 and Associates presented information on testing that the City ordered for proposed Well 139 No. 7. Mr. Johnson reported on: 140 - project history (site at 509 Birch Street, an existing brick farmhouse that would be 141 converted to well house); 142 - what is included in a test project and the purpose (important information before 143 you invest in project); 144 - Types of test wells (bedrock and screened wells); 145 - Complication found in testing this well (bedrock test ended with a sand problem); 146 - Constructed a new test well with a screen; 147 - Estimated cost summary (extra cost for screened test); 148 - Options: abandon site; construct screened test well at additional cost; do not 149 construct test well but proceed with construction of a municipal well to be dual 150 purposed as test and final well (comes with risk of not testing ahead of 151 commitment to project). 152 153 Community Development Director Grochala reviewed the options. He suggested that it 154 may be wise to invest the test money ahead to have more certainty moving ahead to the 155 full well. From his understanding, the screened well will work. 156 157 Mayor Reinert asked “if not at this site, where?” Ms. Hankee said the other area 158 discussed was Country Lakes Park which isn’t far away and could have the same 159 problem. Mr. Grochala remarked that moving from the site would probably end the 160 possibility of saving the farmhouse. 161 162 Mayor Reinert suggested that the project is moving and his opinion is to finish the job 163 there. Council Member Manthey said he’d support moving on the screened test well. 164 5. Garbage Haulers - Mayor Reinert noted that the City currently allows four 165 haulers in the city. He understands that choice to residents is important but does result in 166 a lot of trucks on City streets each week (the number of trucks has gone up over the 167 years). He’s suggesting, for discussion, maybe it’s time to go to three haulers, through a 168 licensing attrition process. 169 170 Council Member Stoesz suggested looking at what other cities have in their code in this 171 area. The mayor concurred. 172 173 Environmental Coordinator Asleson remarked that using attrition could prove to take a 174 long time. There isn’t a lot turn over. 175 CITY COUNCIL WORK SESSION April 1, 2019 DRAFT 5 176 Council Member Manthey said he likes the idea of reduction. 177 178 The council would like more information on reducing the number of haulers. 179 6. Environmental Resource Inventory – Environmental Coordinator Asleson 180 remarked, with his pending retirement, he was asked to put together information on the 181 city’s unique resources as well as his job duties. 182 The Lino Lakes Environmental Board did a study many years ago that resulted in 183 development of an initial resource inventory. He reviewed a PowerPoint that included 184 information on that initial inventory as well as how that information has grown: 185 186 - Creation of greenways became a goal (Clearwater Creek Development was first 187 wetland/conservation development exercise); 188 - Resource Management Plan (more developed land cover classification); 189 - End product is the greenway system which are the city’s wetland preservation or 190 management corridors, that recognizes and protect some important resources; 191 - Identified high value wetlands, flood plains, soils; 192 - Have inventory of some plants; 193 - City has information available through the DNR (heritage system); 194 - Rare species such as the blanding turtle have been identified; Wollen’s Park 195 wetland restoration project; 196 - Anoka County has developed a sand plane model for Lino Lakes; 197 - Wellhead protection program; 198 - City wide tree inventory; 199 - Blue Heron project. 200 7. Environmental Coordinator Salary Adjustment and Succession Planning – 201 Administrator Karlson reviewed the written report. Staff is recommending that the 202 position be filled based on duties but that Mr. Asleson participate in a phased retirement 203 option that allows him to stay while a replacement is found and trained. Staff is 204 suggesting that the salary be adjusted for the position after Mr. Asleson’s retirement 205 based on market research. 206 207 Mayor Reinert remarked that this is a unique position and he thinks it warrants the 208 council learning more about it. The council concurred. 209 210 Community Development Director Grochala said he could provide more information but 211 position similar to this often have a variety of combined duties. He addressed a question 212 about overlap of duties with outsourced services from the engineering firm; there are 213 some functions that are outsourced but the cost is generally more expensive at $80 an 214 hour. 215 CITY COUNCIL WORK SESSION April 1, 2019 DRAFT 6 8. Recreation Complex Discussion- Public Services Director DeGardner read his 216 written report. The concept plan is included in his report and was presented on the 217 screen for the council. 218 219 Mayor Reinert asked if the council would like to authorize the funding now so that the 220 work could go ahead in conjunction with development of the water tower. 221 Mr. DeGardner said he is viewing this as an initial step of providing some new 222 recreational court facilities. Moving ahead he doesn’t see any guarantee for future 223 development without community engagement. The Park Board is looking at this as being 224 a part of the vision for the city moving ahead. There is no urgency to make a decision 225 on this concept but he has heard the council ask him to bring it back. If the council 226 wants to move forward, it’s a good time because there would be efficiencies involved if 227 done in conjunction with the water tower. Preliminary grading would begin in the fall so 228 there’s still time for discussion. 229 9. Council Updates on Boards/Commissions – There were none. 230 10. Monthly Progress Report – Administrator Karlson provided a brief review of 231 the written report. 232 11. Review Regular Agenda – 233 234 Volunteer Recognition - Council Member Manthey suggested that the volunteers who 235 help with the herons on Peltier Island should receive recognition at some point. 236 237 Approval of Minutes (when member is absent) – Council Member Stoesz asked for 238 clarification on how the council will approve these minutes; there’s been a bit of 239 confusion. The City Clerk and Administrator will research the matter and report back. 240 Personnel Policy Change - Administrator Karlson explained his proposal to change 241 language related to workers compensation, adding a ending time for certain 242 circumstances. 243 Police Department – City Code – Administrator Karlson reviewed the ordinances, as 244 updated. He has worked with the Mayor on some additional changes since first reading. 245 12. Adjourn 246 The meeting was adjourned at 9:30 p.m. 247 248 These minutes were considered, corrected and approved at the regular Council meeting held on 249 April 22, 2019. 250 CITY COUNCIL WORK SESSION April 1, 2019 DRAFT 7 251 252 253 254 Julianne Bartell, City Clerk Jeff Reinert, Mayor 255 256 COUNCIL MINUTES April 8, 2019 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 4 DATE : April 8, 2018 5 TIME STARTED : 6:34 p.m. 6 TIME ENDED : 7:30 p.m. 7 MEMBERS PRESENT : Council Member Rafferty, Maher, 8 Manthey, Stoesz and Mayor Reinert 9 MEMBERS ABSENT : 10 11 Staff members present: Community Development Director Michael Grochala; Public Services 12 Director Rick DeGardner; City Planner Katie Larsen; City Engineer Diane Hankee; Human Resources 13 Manager Karissa Bartholomew; Director of Public 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 amended to remove Item 3B (Council Member Rafferty indicated he has some 22 questions and would like additional time). 23 24 SPECIAL PRESENTATION 25 26 Public Safety Department Volunteer Recognition – Public Safety Director Swenson recognized the 27 many volunteers present. He acknowledged and presented pins for certain levels of service. 28 29 Mayor Reinert offered thanks to the volunteers for their service. The number of individuals 30 volunteering from this community is awesome. 31 32 CONSENT AGENDA 33 34 Council Member Manthey moved to approve the Consent Agenda, Items 1A through 1E, as 35 presented. Council Member Rafferty seconded the motion. Motion carried on a voice vote. 36 37 ITEM ACTION 38 39 Consideration of Expenditures: 40 41 April 8, 2018 (Check No. 109973 – 42 110053, $262,923.33) Approved 43 44 March 25, 2019 Council Work Session Minutes Approved 45 COUNCIL MINUTES April 8, 2019 DRAFT 2 46 March 25, 2019 City Council Meeting Minutes Approved 47 48 March 25, 2019 Council Minutes – Closed Mtg Approved 49 50 Consider Resolution 19-46, Approving a Peddler 51 License for Big Bell Ice Cream, Inc. Approved 52 53 FINANCE DEPARTMENT REPORT 54 55 There were no reports from the Finance Department. 56 57 ADMINISTRATION DEPARTMENT REPORT 58 3A) Consider Resolution No. 19-31, Approving a Personnel Policy Update – Human Resources 59 Manager Bartholomew reviewed her written report. Based on review of the current policy, staff is 60 presenting a recommendation to amend certain language regarding workers compensation. 61 Council Member Maher moved to approve the Personnel Policy update as recommended. Council 62 Member Rafferty seconded the motion. Motion carried on a voice vote. 63 3B) Consider 2nd Reading and Passage of Ordinance No. 02-19, Amending Chapter 208 of the 64 City Code relating to Public Safety Department 65 Item was deleted from the agenda. 66 67 PUBLIC SAFETY DEPARTMENT REPORT 68 69 4A) Consider approval of donation of wellness equipment to North Memorial – Public Safety 70 Director Swenson explained that staff is seeking permission to donate certain equipment that was 71 donated to the City and was located at Fire Station #1. The station is being remodeled and there is not 72 room for these items. Staff is supportive of the donation and future use of the equipment. 73 74 Council Member Maher moved to approve the donation as recommended. Council Member Manthey 75 seconded the motion. Motion carried on a voice vote. 76 77 PUBLIC SERVICES DEPARTMENT REPORT 78 79 5A) Consider Resolution No. 19-45, Accepting Bids and Awarding a Construction Contract 80 for Woods Edge Park – Public Services Director DeGardner asked that the council approve a 81 resolution that accepts the bids for the project and awards a construction contract to the low bidder. 82 83 Council Member Rafferty asked why there is so much difference in the bids; what’s the indication? 84 Mr. DeGardner said he had the same question and has been informed that the bids are normally based 85 on the contractor’s availability so nothing unusual is indicated by the figures. 86 87 COUNCIL MINUTES April 8, 2019 DRAFT 3 Staff anticipates the playground to be available for use by this fall. 88 89 Council Member Rafferty moved to approve Resolution No. 19-45 as presented. Council Member 90 Maher seconded the motion. Motion carried on a voice vote. 91 92 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 93 94 6A) Lyngblomsten Senior Living Community: i. Consider First Reading of Ordinance No. 07-95 19 Rezoning Property from GB, General Business to PUD, Planned Unit Development; ii. 96 Consider Resolution No. 19-42 Approving PUD Development Stage Plan/Preliminary Plat – City 97 Planner Larsen reviewed a PowerPoint presentation that included information on: 98 - The land use application for rezoning, PUD, preliminary plat and site plan review; 99 - 20 acre site; 100 - P&Z held a public hearing in February that was fruitful; some changes made based on 101 discussion; 102 - General project overview (3D rendering); 103 - Transportation and access review; 104 - Greenspace buffers; 105 - Preliminary plat, including changes from original preliminary plat; 106 - Community garden was replaced by storm water pone (to meet requirements); 107 - Site design, urban form; 108 - Building, architecture and setbacks; 109 - Park dedication fees. 110 111 Mayor Reinert remarked that senior housing is developing fast right now due to need. This city is 112 being specific, however, about what development will be welcomed here. The baby boom will end 113 and the units will have to be maintained and having a quality product is important. He spoke about 114 Lyngblomsten as a good developer. He reviewed the development rendering and how it has been 115 planned. He noted the elements of the project and how they will fit into the area. 116 117 Council Member Stoesz asked if the County Road J roadway entrance will be restricted and Ms. 118 Larsen said it will be right in/right out. 119 120 Council Member Manthey remarked that the residents to the west of the development have been 121 involved in the development process and he thinks they approve of the project. 122 123 Council Member Manthey moved to approve the 1st Reading of Ordinance No. 17-19 as presented. 124 Council Member Stoesz seconded the motion. Motion carried on a voice vote. 125 126 COUNCIL MINUTES April 8, 2019 DRAFT 4 Council Member Maher moved to approve Resolution No. 19-42 as presented. Council Member 127 Manthey seconded the motion. Motion carried on a voice vote. 128 129 Mayor Reinert remarked that there are some clear park needs existing in the area so he’d like more 130 information on the planned use of the park dedication funds for this project. 131 6B) Consider 2nd Reading of Ordinance No. 05-19, Amending City Code Section 1007 132 Related to Multiple Principal Buildings on One Parcel, in Commercial, Industrial or 133 Public/Semi-Public Zoning Districts – Community Development Director Grochala remarked that 134 this is a second reading of an ordinance that would simplify the process for single use expansion 135 projects. The council approved the 1st reading at their last meeting. 136 Council Member Maher moved to waive the full reading of Ordinance No. 05-19. Council Member 137 Rafferty seconded the motion. Motion carried on a voice vote. 138 Council Member Stoesz moved to approve the 2nd Reading and passage of Ordinance No. 05-19 as 139 presented. Council Member Maher seconded the motion. Motion carried: Yeas, 5; Nays none. 140 6C) Consider 2nd Reading of Ordinance No. 06-19, Amending City Code Section 1007 141 Providing for Retaining Walls in Excess of 42” in Height – Community Development Director 142 Grochala explained that this ordinance would amend zoning code language regarding retaining walls. 143 The council approved the 1st reading of the ordinance at the last meeting. 144 Council Member Manthey moved to waive the full reading of Ordinance No. 06-19. Council Member 145 Rafferty seconded the motion. Motion carried on a voice vote. 146 Council Member Manthey moved to approve the 2nd Reading and passage of Ordinance No. 06-19 as 147 presented. Council Member Stoesz seconded the motion. Motion carried: Yeas, 5; Nays none. 148 6D) Consider Resolution No. 19-43 Accepting Bids, Awarding a Construction Contract, and 149 Approving Construction Services Contract – City Engineer Hankee requested council approval of 150 a resolution auhthoring a construction contract and reviewed the elements planned for the mill and 151 overlay project. She noted that the contractor has done a lot of work in the City. The bids have come 152 through well and as a result the alternate will be done as well. 153 154 Council Member Manthey moved to approve Resolution No. 19-43 as presented. Council Member 155 Stoesz seconded the motion. Motion carried on a voice vote. 156 157 UNFINISHED BUSINESS 158 159 There was no Unfinished Business. 160 161 NEW BUSINESS 162 163 There was no New Business. 164 165 COUNCIL MINUTES April 8, 2019 DRAFT 5 COMMUNITY EVENTS 166 167 SPRING FLING EGG HUNT will be held at City Hall Park on Saturday, April 12 at 6:15 p.m. Pre-168 registration is required. 169 170 MONTHLY RECYCLE DAY will be held at Lino Park (7850 Lake Drive) on Saturday, April 20 171 from 10:00 a.m. to 2:00 p.m. Please see the city website for updated pricing. 172 173 EARTH DAY CELEBRRATION Earth Day will be celebrated in Lino Lakes the morning of 174 Saturday, April 20. Volunteers are needed to help with related projects. If you interested, please call 175 Marty Asleson at 651-982-2435. 176 177 The Wargo Nature Center Main Event is held from 12:30 – 3:00. Includes climbing wall, bouncy 178 house, popcorn, informational tables, Healthy Living, Organics, etc. 179 180 COMMUNITY CALENDAR 181 182 Community Calendar – A Look Ahead 183 April 8, 2019 through April 22, 2019 184 185 Wednesday, April 10 6:30 pm, Council Chambers Planning & Zoning 186 Monday, April 22 5:30 pm, Council Work Session Community Room 187 Monday, April 22 6:30 pm, Council Chambers City Council Meeting 188 189 ADJOURN 190 191 There being no further business, the council moved to adjourn at 7:30 p.m. 192 193 These minutes were considered and approved at the regular Council Meeting, April 22, 2019,. 194 195 196 197 198 Julianne Bartell, City Clerk Jeff Reinert, Mayor 199 200 CITY COUNCIL SPECIAL WORK SESSION April 8, 2019 DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : April 8, 2019 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 6:30 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Maher (part) 7 Manthey, Stoesz and Mayor Reinert 8 MEMBERS ABSENT : None 9 10 Staff members present: Community Development Director Michael Grochala; City 11 Planner Katie Larsen; Public Safety Director John Swenson; City Clerk Julie Bartell 12 13 Lyngblomsten Financial Assistance Request – Mikaela Huot (Springsted) and 14 Community Development Director Grochala reviewed a PowerPoint presentation that 15 provided education on the tax increment financing process in general and outlined the 16 Lyngblomsten proposal for financial assistance. 17 18 Ms. Huot explained in more detail the impact on school district tax revenue; the formula 19 is impacted but not necessarily the revenue. 20 21 Mayor Reinert asked if the developer can change elements within the development once 22 the tax increment is approved. Director Grochala said a development agreement will be 23 executed and that will bind the elements of the development. 24 25 Community Development Director Grochala explained the process of setting up a tax 26 increment financing plan that would establish those items that would be covered by the 27 increment. The city would issue a tax increment note. 28 29 Staff reviewed the numbers further: the requested increment of $5.3 million would 30 probably be paid off in about 13 years; the value will dictate the figures. 31 32 Mayor Reinert remarked that the council has expressed that this is a desirable project for 33 the City. He foresee more discussion on the matter. Mr. Grochala added that staff will 34 be receiving additional information from the county in the meantime. 35 36 The developer representative that was present noted that they have some purchase 37 agreements coming very soon; it would be very helpful to know what the council is 38 thinking in terms of funding. 39 40 Mayor Reinert suggested that $5.3 is high; Council Member Manthey said 15 years is too 41 long. 42 43 CITY COUNCIL SPECIAL WORK SESSION April 8, 2019 DRAFT 2 The developer representative reminded the council that Lyngblomsten is a non-profit 44 organization. The amount of tax increment that they are requesting is truly a need for the 45 development would help them with the risk. 46 47 The mayor remarked that the council seems interested in having the corner property 48 included in the Lyngblomsten development but not to the tune of $5 million in tax 49 increment. He feels that property will develop anyway. 50 51 Council Member Rafferty said he is not comfortable with the high number and needs to 52 gain more information and think further on a figure that he could support. 53 54 The meeting was adjourned at 6:30 p.m. 55 56 These minutes were considered, corrected and approved at the regular Council meeting held on 57 April 22, 2019. 58 59 60 61 62 Julianne Bartell, City Clerk Jeff Reinert, Mayor 63 64 CLOSED COUNCIL SESSION April 8, 2019 DRAFT 1 1 CITY OF LINO LAKES 2 MINUTES 3 CLOSED COUNCIL SESSION 4 5 DATE : April 8, 2019 6 TIME STARTED : 7:30 p.m. 7 TIME ENDED : 8:05 p.m. 8 MEMBERS PRESENT : Council Members Rafferty, Manthey, 9 Maher, Stoesz and Mayor Reinert 10 MEMBERS ABSENT : none 11 12 Staff present: Community Development Director Michael Grochala; City Attorney Jay 13 Squires; City Engineer Diane Hankee; City Clerk Julie Bartell (part) 14 15 Mayor Reinert called the meeting to order at 7:30 p.m. in the Council Work Room at Lino 16 Lakes City Hall. Before the meeting was closed, Mayor Reinert read a statement on the 17 purpose of the meeting. The meeting was closed as a session of the city council pursuant 18 to the Open Meeting Law for the purpose of discussing land acquisition related to the 19 following projects: 20 - NE Drainage Area (Peliter Outlet) Improvements; 21 - Lake Drive/Marketplace dwelling acquisition 22 23 The meeting was recorded and the recording will be maintained as required in the Office 24 of the City Clerk. 25 26 The meeting was adjourned at 8:05 p.m. 27 28 These minutes were considered, corrected and approved at the regular Council meeting held on 29 April 22, 2019. 30 31 32 33 34 Julianne Bartell, City Clerk Jeff Reinert, Mayor 35 36 CITY COUNCIL AGENDA ITEM 1F STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk MEETING DATE: April 22, 2019 TOPIC: Annual Advisory Board Appointments VOTE REQUIRED: 3/5 INTRODUCTION Each year, the City council appoints or reappoints citiz ens to serve on council advisory groups. All candidates for the Park Board and Planning & Zoning Board have been interviewed and the vote tallies are below. BACKGROUND The city advertised and received a number of applications with the following results: Park Board – 2 vacancies - There were 3 applicants interviewed. Richard Jensen – i Paul Huelman - i Planning & Zoning Board- 2 vacancies – There were 3 applicants interviewed Neil Evenson – i Michael Root - i RECOMMENDATION Approve advisory board appointments as listed above CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Karissa Bartholomew, Human Resources Manager MEETING DATE: April 22, 2019 TOPIC: Appointment of Accountant VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to approve the appointment of Tracy Thoma for the vacant Accountant position in the Finance Department. BACKGROUND Previous Accountant Paula Schloer retired the beginning of April. At this time, staff has completed an internal recruitment process, provided a conditional offer, and is recommending the approval of Tracy Thoma for the Accountant position. Thoma has worked with the City since 2012 as the Accounts Payable/ Payroll Technician, holds a bachelor’s degree in accounting, and has a strong accounting background. Bringing with her over 24 years of applicable experience. Prior to joining the City, Thoma worked as a Finance Office Manager for 15 years; and previous to that, was an Accountant for two years. Thoma is well versed in all major areas the position calls for and also helped fill in for the Accountant position during vacations and an extended FMLA leave. Thoma has proven her ability to perform in the position and comes highly recommended. The hourly rate of pay would be $33.32, which is step 3 of the Accountant wage scale. The pay scale has 6 steps. With the Council’s approval, Thoma would start in the position on Monday, April 29, 2019. RECOMMENDATION Approve the appointment of Tracy Thoma for the Accountant position. CITY COUNCIL AGENDA ITEM 3B STAFF ORIGINATOR: Jeff Karlson, City Administrator MEETING DATE: April 22, 2019 TOPIC: Consider 2nd Reading of Ordinance No. 02-19, Amending Chapter 208 VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to consider the 2nd Reading of Ordinance No. 02-19, amending Chapter 208 of the Lino Lakes City Code Providing for a Public Safety Department. The first reading was approved March 11, 2019. BACKGROUND Staff has been in the process of revising ordinances that need updating to align with the City’s current organizational structure. The proposed amendment of Chapter 208 incorporates the City’s fire services into the Public Safety Department by including cross-trained police officers/firefighters and firefighters in the ordinance. RECOMMENDATION Staff recommends the adoption of Ordinance No. 02-19 with the following actions: 1. Dispense with the full reading of the ordinance; 2. Roll call vote for adoption of the ordinance. ATTACHMENTS Ordinance No. 02-19 CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: April 22, 2019 TOPIC: Acceptance of Monetary Donation to Lino Lakes Public Safety Canine Unit VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Public Safety Department is requesting council approval to accept a donation of $250.00 from the Centerville Lions Club to support the Police Canine Program. BACKGROUND The Centerville Lions Club has expressed an interest in make a $250 donation to the Lino Lakes Public Safety Department in support of the Police Canine Program. If acceptance of this donation is approved the donated funds will be deposited into the Police Canine fund for purchases in support of the police canine program. RECOMMENDATION Staff recommends approval of acceptance of the $250.00 donation from the Centerville Lions Club for the Lino Lakes Public Safety Department’s Canine Unit. ATTACHMENTS None 1 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: April 22, 2019 TOPIC: Consider Second Reading of Ordinance No. 07-19 Rezoning Property from GB, General Business to PUD, Planned Unit Development for Lyngblomsten *Council may vote to dispense with full reading of ordinance * Roll call vote is required for adoption of the ordinance VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of the 2nd reading of the proposed ordinance to rezone property from GB, General Business to PUD, Planned Unit Development for Lyngblomsten. The 1st reading was approved by Council on April 8, 2019. BACKGROUND The applicant, Lyngblomsten, has submitted a land use application for Rezoning, PUD Development Stage Plan, Preliminary Plat, and Site Plan Review for the development of a senior living community, future restaurant and future commercial building. The 20 acre site is located in the northwest quadrant of CSAH 49 (Hodgson Road) and CR J (Ash Street). Development of the site is guided by the Council adopted Master Planning Study-Hodgson Road & CR J (“Master Plan”). The rezoning is consistent with the Zoning Ordinance and Comprehensive Plan as well as the adjacent subdivisions. RECOMMENDATION The Planning & Zoning Board held a public hearing on February 13, 2019. The Board voted 5-0 in favor of the Rezoning and PUD Development Stage Plan/Preliminary Plat for Lyngblomsten. ATTACHMENTS 1. Ordinance No. 07-19 1 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 07-19 ORDINANCE TO REZONE PROPERTY FROM GB, GENERAL BUSINESS TO PUD, PLANNED UNIT DEVELOPMENT FOR LYNGBLOMSTEN 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 GB, General Business to PUD, Planned Unit Development. 2. The Planning and Zoning Board held a public hearing on February 13, 2019. 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 Lyngblomsten development is consistent with the goals and policies of the Comprehensive Plan and the Master Planning Study-Hodgson Road & CR J. (b) The proposed use is or will be compatible with present and future land uses of the area. The proposed Lyngblomsten development is compatible with the present and future land uses of the area. Existing and future land uses adjacent to the site include single family residential homes and commercial development. The proposed development transitions from existing low density single family homes to cottage homes to a senior living campus consisting of independent living, assisted living and skilled nursing facilities to restaurant and commercial use. (c) The proposed use conforms with all performance standards contained herein. The proposed Lyngblomsten development conforms with all PUD performance standards as outlined in Section 1007.024(2) General Requirements and Standards: 2 1. Ownership. Lyngblomsten will be the owner of the property. 2. Comprehensive Plan Consistency. The proposed PUD shall be consistent with the City Comprehensive Plan. The proposed Lyngblomsten development is consistent with the goals and policies of the Comprehensive Plan and the Master Planning Study-Hodgson Road & CR J. 3. Public or Common Open Space. The cottage home neighborhood includes 4.54 acres (71%) of landscaped common open space that will be maintained by Lyngblomsten or an association. The overall development’s pervious open space is 44%. 4. Operating and Maintenance Requirements for PUD Common Open Space/Facilities. A restrictive covenant or declaration shall be recorded against the property at the time of final plat detailing ownership and maintenance of the common open space/facilities. 5. Utilities. Public municipal utilities (water and sanitary) will service the entire development. 6. Roadways, Private. The cottage home neighborhood and commercial private road shall be owned and maintained by Lyngblomsten or similar entity. 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 Lyngblomsten development can be accommodated with existing public services and will not overburden the City’s service capacity. The site is ultimately served by MCES Lift Station L69 and has substantial reserve capacity to accommodate the development in the district. The existing water supply and water distribution system can provide adequate water volume and fire protection upon looping of the system. Section 2: PUD, Planned Unit Development Zoning Requirements (1) Purpose. The Master Planning Study-Hodgson Road & CR J (“Master Plan”) as 3 approved by the City Council on February 12, 2007 by Resolution No. 07-21 is the guiding plan for development in this area. The district is being zoned PUD, Planned Unit Development in order to implement the goals of the Master Plan. (2) PUD Development Stage Plan/Preliminary Plat. Resolution No. 19-42 approving the PUD Development Stage Plan/Preliminary Plat establishes the Development’s framework in regards to the following: (a) Lot and Yard Requirements (b) Height Regulations (c) Impervious Surface Coverage (d) Design Guidelines (3) Permitted Uses. No building or land shall be used, and no building shall be erected, converted or structurally altered on Lots 1-22 Block 1, Lot 1 Block 2, Outlot A, or Outlot B that is not consistent with the PUD Development Stage Plan/Preliminary Plat as approved by Resolution No. 19-42. No building or land shall be used, and no building shall be erected, converted or structurally altered on Lot 2 Block 2 and Outlot C except for one or more of the following uses: (a) Governmental or public regulated utilities, buildings, or structures necessary for the health, safety, and general welfare of the City. (b) Liquor sales – on and off sale. (c) Office business – clinic. (d) Office business – general. (e) Personal services (subject to any licensing requirements of City Code, County or State). (f) Restaurants and Brew Pubs. (g) Retail business. (h) Service business – on-site. 4 (4) Accessory Uses. Subject to the applicable provisions of Chapter 1007: Zoning Code, the following are accessory uses: (a) Accessory structures as regulated by §1007.043 (4)(a) of the Zoning Ordinance. (b) One (1) accessory building is permitted on either Lot 17 Block 1 or Lot 22 Block 1 as regulated by §1007.043 (4)(a) of the Zoning Ordinance and as follows: 1. The accessory building shall not exceed two hundred (200) square feet. 2. The accessory building shall not be located within the front yard. 3. The building height shall be limited to twelve (12) feet. 4. Metal buildings and pole barns are prohibited. 5. Roof and exterior color and material shall be compatible with the principal structure. 6. A zoning or building permit is required. (c) Fences, as regulated by §1007.043 (18) of the Zoning Ordinance. (d) Off-street loading as regulated by §1007.045 of the Zoning Ordinance. (e) Off-street parking as regulated by §1007.044 of the Zoning Ordinance. (f) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by §1007.053 of the Zoning Ordinance. (g) Signs as regulated by the City sign ordinance of the City Code. (h) Home Occupation Level A as regulated by §1007.047 of the Zoning Code are permitted on Lots 1-21 Block 1 (excluding Lot 17) and Lot 1 Block 2. (5) Conditional Uses. No building or land shall be used, and no building shall be erected, converted or structurally altered on Lots 1-22 Block 1, Lot 1 Block 2, Outlot A, or Outlot B that is not consistent with the PUD Development Stage Plan/Preliminary Plat as approved by Resolution No. 19-42. No building or land shall be used, and no building shall be erected, converted or structurally altered on Lot 2 Block 2 or Outlot C except for one or more of the following conditional uses: These uses require a conditional use permit based on the criteria and procedures outlined in §1007.016 of the Zoning Ordinance. 5 (a) Accessory drive-through facilities provided that: 1. Not less than one hundred twenty (120) feet of segregated automobile stacking must be provided for the single service lane. Where multiple service lanes are provided, the minimum automobile stacking may be reduced to sixty (60) feet per lane. 2. The stacking lane and its access must be designed to control traffic in a manner to protect the buildings and will not interfere with on-site traffic circulation or access to the required parking space. 3. No part of the public street or boulevard may be used for stacking of automobiles. 4. The stacking lane, order board intercom, and window placement shall be designed and located in such a manner as to minimize glare to adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site. 5. The drive-through window and its stacking lanes shall be screened from view of adjoining residential zoning districts and public street rights-of- way. 6. A lighting and photometric plan will be required that illustrates the drive- through service lane lighting and shall comply with §1007.043 (6) of the Zoning Ordinance. (b) Commercial day care facilities provided that: 1. All requirements of the Minnesota Department of Health and Human Services, as may be amended, are satisfactorily met and the structure and operation is licensed accordingly. 2. Screening is provided along all shared property lines. Such required fencing and screening shall be in compliance with the applicable provisions of §1007.043 (17) of the Zoning Ordinance. 3. Adequate off-street parking is provided in a location separated from any outdoor play area(s). 4. Adequate off-street loading spaces in compliance with §1007.045 of the Zoning Ordinance. (c) Planned unit development – commercial including shopping centers as regulated by §1007.024 of the Zoning Ordinance. 6 (d) Private lodges and clubs provided that: 1. Screening from residential uses and landscaping is provided in compliance with requirements for business or industrial uses in §1007.043 (17) of the Zoning Ordinance 2. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with §1007.044 of the Zoning Ordinance 3. Parking is screened and landscaped in compliance with requirements for business or industrial uses in §1007.043 (17) of the Zoning Ordinance. 4. Adequate off-street loading and service entrances are provided and regulated where applicable by §1007.045 of the Zoning Ordinance. (e) Public, Educational, and Religious Buildings. Public or semi-public recreational buildings and neighborhood or community centers; limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosque, and synagogues provided that: 1. Screening from residential uses and landscaping is provided in compliance with requirements for business or industrial uses in §1007.043 (17) of the Zoning Ordinance. 2. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with §1007.044 of the Zoning Ordinance 3. Parking is screened and landscaped in compliance with requirements for business or industrial uses in §1007.043 (17) of the Zoning Ordinance. 4. Adequate off-street loading and service entrances are provided and regulated where applicable by §1007.045 of the Zoning Ordinance. (f) Specialty schools such as music, dance or business schools provided that: 1. Provisions are made to buffer and screen any adjoining residential uses. 2. The site is served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. (g) Residential apartments accessory to permitted or conditional uses in the PUD District provided that: 7 1. The apartment is located in the same building as the principal use. 2. Residential and non-residential uses are not contained on the same floor. 3. The residential and non-residential uses do not conflict in any manner. (6) Uses by Administrative Permit. Subject to applicable provisions of Chapter 1007: Zoning Code, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: (a) Personal wireless service antennas as secondary uses as regulated by §1007.053 of the City Ordinance. (b) Home Occupation Level B as regulated by §1007.047 of the Zoning Code are permitted on Lots 1-21 Block 1 (excluding Lot 17) and Lot 1 Block 2. (c) Accessory outdoor dining or seating facilities intended for consumption of food or beverages purchased on site, provided that requirements of §1007.054 are met. This administrative permit may be incorporated into another approval such as but not limited to a site plan, planned unit development, or building permit. 1. Accessory outdoor dining or seating facilities are only allowed on Lot1 Block 2, Lot 2 Block 2 and Outlot C. (d) Transient Merchants. (7) Interim Uses. Subject to applicable provisions of the Zoning Ordinance, the following are interim uses and are governed by §1007.017 of the City Ordinance. (a) None. Section 3: Other Zoning Requirements Unless otherwise provided herein, the regulations of Chapter 1007: Zoning Code shall be in effect. Section 4: Amendment The Zoning Ordinance of the City of Lino Lakes is hereby amended to rezone the following described property from GB, General Business to PUD, Planned Unit Development: PARCEL 1: 8 All that part of Lot 5, Auditor's Subdivision No. 107, lying East of a line described as follows: Beginning at a point on the South line of Lot 6, said Subdivision, which is 54.50 feet East of the Southwest corner of said Lot 6; thence North at right angles with said South line of said Lot 6, 289.31 feet to the North line of said Lot 5 and there terminating; and lying Southerly of a line drawn parallel to the North line of said Lot 5 and 72 feet Southerly thereof, as measured along the Easterly line of said Lot 5. Anoka County, Minnesota Abstract Property PARCEL 2: All that part of Lot 5, Auditor's Subdivision No. 107, Anoka County, Minnesota, lying East of a line described as follows: Beginning at a point on the South line of Lot 6, said Subdivision, which is 54.50 feet East of the Southwest corner of said Lot 6; thence North at right angles with said South line of said Lot 6, 289.31 feet to the North line of said Lot 5 and there terminating; and lying Northerly of a line drawn parallel to the North line of said Lot 5 and 72 feet Southerly thereof, as measured along the Easterly line of said Lot 5, Anoka County, Minnesota. Anoka County, Minnesota Abstract Property PARCEL 3: That part of Lots 5 and 6, Auditor's Subdivision No. 107, lying West of the following described line: Beginning at a point on the South line of said Lot 6, 54.50 feet East of the Southwest corner of said Lot 6; thence North at a right angle to said South line 289.31 feet to the North line of said Lot 5 and said line there terminating. Excepting therefrom Parcel 21, Anoka County Highway Right-of-Way Plat No. 48. Anoka County, Minnesota Abstract Property PARCEL 4: All that part of Lot 6, Auditor’s Subdivision No. 107, lying East of a line described as follows: Beginning at a point on the South line of said Lot 6 which is 54.50 feet East of the Southwest corner of said Lot 6; thence North at right angles with the South line of said Lot 6 to the North line thereof and there terminating. Excepting therefrom Parcel 22, Anoka County Highway Right-of-Way Plat No. 48. Anoka County, Minnesota Abstract Property 9 PARCEL 5: That part of Lot 22, Auditor's Subdivision No. 107, lying Southerly of the Westerly extension of the North line of Lot 5, said Auditor's Subdivision No. 107. Excepting therefrom Parcel 20, Anoka County Highway Right-of-Way Plat No. 48. Anoka County, Minnesota Abstract Property PARCEL 6: Lot 4, Auditor's Subdivision No. 107, Anoka County, Minnesota; and That part of Lot 22, Auditor's Subdivision No.107, Anoka County, Minnesota, lying Easterly of the Westerly 50 feet thereof and lying between the Westerly extensions of the North and South lines of Lot 4, said Auditor's Subdivision No.107. Anoka County, Minnesota Abstract Property Section 5: Development Regulations The development shall conform to the plans, requirements, and conditions of approval as listed in Council Resolution No. 19-42 approving the PUD Development Stage Plan/Preliminary Plat. Section 6: 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 22nd day of April, 2019. 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 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: April 22, 2019 TOPIC: Eastside Villas i. Consider Resolution No. 19-48 Approving PUD Final Plan/Final Plat ii. Consider Resolution No.19-49 Approving Development Agreement and Planned Unit Development Agreement VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of the PUD Final Plan/Final Plat and Development Agreement for Eastside Villas. Complete Application Date: March 6, 2019 60-Day Review Deadline: May 5, 2019 120-Day Review Deadline: NA Environmental Board Meeting: NA Park Board Meeting: NA Planning & Zoning Board Meeting: April 10, 2019 Tentative City Council Work Session: April 22, 2019 Tentative City Council Meeting: April 22, 2019 BACKGROUND The applicant, Hokanson Construction and Development Co. Inc., submitted a land use application for PUD Final Plan/Final Plat of 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. 2 This plan review is based on the following revised plan sets: • Eastside Villas PUD Development Stage Plan/Preliminary Plat prepared by Carlson McCain revision date 2/8/19 • Eastside Villas Sanitary Sewer, Watermain, Storm Sewer and Street Construction Plan prepared by Carlson McCain revision date 2/25/19 • Eastside Villas Grading, Development & Erosion Control Plans prepared by Carlson McCain revision date 2/2519 • Landscape Plans prepared by Carlson McCain revision date 3/1/19 • House Plans A, B and C prepared by Home Planning Associates, Inc. revision date 2/25/19 • Final Plat prepared by Carlson McCain date received on February 26, 2019 Previous Council Actions: • September 10, 2018: Resolution No. 18-109 approving PUD Development Stage Plan/Preliminary Plat • September 24, 2018: Ordinance No. 12-18 approving Rezoning from R, Rural to PUD, Planned Unit Development ANALYSIS Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code The PUD Final Plan/Final Plat has been reviewed for compliance with the comprehensive plan, zoning and subdivision ordinance. The proposed development is not considered premature and meets the performance standards of the subdivision and zoning ordinance. The final plat is consistent with the PUD Development Stage Plan/Preliminary Plat. Phases Eastside Villas is being developed in one phase. 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 3 As approved with the preliminary plat, Ivywood Curve 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 comment: Ivywood Curve has been revised to Ivywood Avenue. Easements Standard drainage and utility easements at least 10 feet wide are provided along all lot lines. A 25-37 foot wide easement is dedicated along the I-35E and Cedar Street covering the berms, landscaping and drainage. A drainage and utility easement has been 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. 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 The City will require $82,600 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 Ivywood Curve and connect to the existing trail in NorthPointe Park. 4 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 ($13,400) TOTAL = $82,600 Zoning The property was rezoned with Ordinance No. 12-18 from R, Rural to PUD, Planned Unit Development to allow for flexibilities from the R-2, Two Family Residential District standards. The rezoning and flexibilities are consistent with the adjacent NorthPointe 2nd and 6th Addition. Resolution No. 18-109 approving the PUD Development Stage Plan/Preliminary Plat details the following PUD flexibilities: 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 Architectural Design Standards Resolution No. 18-109 also establishes the following architectural design standards: 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 5 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. The house plans are single level, slab on grade with 2 bedrooms and flex room. Three different floor plans with 2 different front elevation options are proposed. Plan A increased from 1,489 sf of floor area to 1,604 sf with optional sunroom. Plan B increased slightly from 1,458 sf of floor area to 1,489 sf with optional sunroom. Plan C is 1,458 sf with no sunroom option. Standard R-2 floor area requirements for 2 bedroom ramblers are 1,110 sf. This requirement is exceeded. 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. An anti-monotony color plan was submitted. Staff comment: 1. The anti-monotony plan includes the 2 different front elevations for each house plan. 2. The house plans also include variations in brick/stone colors and styles. 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. The air conditioning equipment has been located in the rear yards. The PUD Final Plan/Final Plat and house plans are consistent with the approved PUD standards. Noise and Screen Fences Noise Fence As reviewed during the PUD Development Stage Plan/Preliminary Plat, the Traffic Noise Study required an earth berm and solid wood fence with a top Elevation 936 for noise mitigation along I-35E. A 924 EL berm and 12 foot high wood fence with 2’x4’ – 2’x12’treated horizontal boards is proposed. An alternative acoustical wood plywood panel fence is also proposed. The berm and fence height meet noise mitigation requirements. After Council approval of the PUD Development Stage Plan/Preliminary Plat, the applicant submitted plans for a solar panel sound barrier as an alternative to the solid 6 wood fence. An amendment to the PUD Development Stage Plan is required to consider the proposal. Staff comments: 1. The Planning & Zoning Board suggested a brown treated wood be used instead of the standard green treated wood. 2. Staff does not support the alternate acoustical wood plywood panel fence due to concerns regarding aesthetics. 3. The applicant shall submit a Land Use Application, fees, escrow and plans for consideration of the solar panel sound barrier alternative. Screen Fence A 6 feet high landscape screen or fence is required between residential uses and collector roads. A 6’-12’ high wood fence is proposed along Cedar Street as required. Staff comments: 1. The Planning & Zoning Board suggested a brown treated wood be used instead of the standard green treated wood. Homeowner’s Association A homeowner’s association will be created to maintain the noise fence and screen fence. The City Attorney is reviewing the HOA documents. Existing House at 2182 Cedar Street The existing house at 2182 Cedar Street shall be removed in conjunction with grading of the site. No building permits for the single family homes shall be issued until the home and septic system have been removed and the well has been capped. Development Agreement A Development Agreement shall be drafted by the City, executed by the City and the developer and recorded by the developer. Title Commitment The City Attorney reviewed the title commitment and final plat. The title work indicates that title is held by Bison Development Company, Inc., whereas the plat and other documents are drafted to be executed by Hokanson Construction and Development, Inc. Presumably the land will be transferred to the later at some point. The title work shall be updated that shows Hokanson as the fee owner prior to release of the plat. Stormwater Maintenance Agreement 7 Under the City’s and RCWD Programmatic Stormwater Management Facility Maintenance Agreement, the City will be responsible for maintenance of the stormwater maintenance facilities. Findings of Fact-Final Plat The Findings of Fact are detailed in Resolution No. 19-48. RECOMMENDATION The Planning & Zoning Board reviewed and recommended approval of the final plat for Eastside Villas on April 10, 2018. The vote was 6-0. Staff and the Board recommend approval of the following items with conditions as listed: 1. Resolution No. 19-48 Approving PUD Final Plan/Final Plat 2. Resolution No. 19-49 Approving Development Agreement ATTACHMENTS 1. Resolution No. 19-48 2. Final Plat 3. Resolution No. 19-49 4. Development Agreement and Planned Unit Development Agreement 5. City Engineer Letter dated April 18, 2019 1 CITY OF LINO LAKES RESOLUTION NO. 19-48 RESOLUTION TO APPROVE THE PUD FINAL PLAN/FINAL PLAT FOR EASTSIDE VILLAS WHEREAS, the City received an application for PUD Final Plan/Final Plat Eastside Villas hereafter referred to as “Development”; and WHEREAS, City staff completed a review of the Development based on the following: • Eastside Villas PUD Development Stage Plan/Preliminary Plat prepared by Carlson McCain revision date 2/8/19 • Eastside Villas Sanitary Sewer, Watermain, Storm Sewer and Street Construction Plan prepared by Carlson McCain revision date 2/25/19 • Eastside Villas Grading, Development & Erosion Control Plans prepared by Carlson McCain revision date 2/2519 • Landscape Plans prepared by Carlson McCain revision date 4/10/19 • House Plans A, B and C prepared by Home Planning Associates, Inc. revision date 2/25/19 • Final Plat prepared by Carlson McCain date received on February 26, 2019; and WHEREAS, the City Council approved the PUD Development Stage Plan/Preliminary Plat with Resolution No. 18-109; and WHEREAS, Planning & Zoning Board reviewed and recommended approval of the PUD Final Plan/Final Plat on April 10, 2019; and WHEREAS, the proposed development is not considered premature and meets the performance standards of the subdivision and zoning ordinance; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 1. The PUD Final Plan/Final Plat substantially conforms to the approved PUD Development Stage Plan/Preliminary Plat subject to the conditions listed below. 2. The City Attorney has reviewed the status of title/property ownership related to the final plat. 3. A Development Agreement has been completed. 4. Conditions attached to approval of the PUD Development Stage Plan/Preliminary Plat have been fulfilled or secured by the Development Agreement. 5. All fees, charges and escrow related to the preliminary or final plat have been paid in full. 2 BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the PUD Final Plan/Final Plat Eastside Villas, subject to the following conditions: 1. A Development Agreement shall be drafted by the City, executed and recorded by the developer. 2. Outlot A shall be deeded to the City after the City accepts required improvements made to the area. 3. A building permit for the removal of the existing house at 2182 Cedar Street is required. 4. The existing house at 2182 Cedar Street shall be removed prior to the issuance of any single family home building permits. 5. The existing septic system and private well at 2182 Cedar Street shall be properly removed and sealed and approved by the City prior to the issuance of any single family home building permits. 6. No single family home building permits, except for one (1) model home permit, shall be issued prior to the noise fence along I-35E and the screen fence along Cedar Street being installed according to plan specifications and approved by the City. 7. The applicant shall submit a Land Use Application, fees, escrow and plans for consideration of the solar panel sound barrier alternative. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the PUD Final Plan/Final Plat Eastside Villas, subject to the following items being addressed: 1. All comments from City Engineer letter dated April 18, 2019 shall be addressed. 2. Any comments from the City Attorney regarding the title commitment, final plat, HOA documents etc. shall be addressed. 3. Noise Fence along I-35E: a. The plans shall reflect a brown treated wood be used instead of the standard green treated wood. b. The alternate acoustical wood plywood panel fence is not allowed and shall be omitted from the plan sheet. 4. Screen Fence along Cedar Street: a. The plans shall reflect a brown treated wood similar to the noise fence be used instead of the standard green treated wood. 5. The final plat shall be verified if the company name should be Hokanson Construction and Development Company, Inc. Adopted by the Council of the City of Lino Lakes this 22nd day of April, 2019. 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: 3 The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGEASTSIDE VILLASCEDAR STREET IVYWOODCURVE CITY OF LINO LAKES RESOLUTION NO. 19-49 RESOLUTION TO APPROVE THE DEVELPOMENT AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT FOR EASTSIDE VILLAS WHEREAS, the City Council approved the PUD Final Plan/Final Plat for Eastside Villas with Resolution No. 19-48 on April 22, 2019; and WHEREAS, the City’s subdivision ordinance and conditions of approval require the execution of a development agreement between the Developer and the City of Lino Lakes. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Development Agreement between Hokanson Construction and Development Company, Inc. and the City of Lino Lakes for Eastside Villas and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 22nd day of April, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member _______________and was duly seconded by Council Member ________________ and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: _______________________________ Jeff Reinert, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk DEVELOPMENT AGREEMENT and PLANNED UNIT DEVELOPMENT AGREEMENT EASTSIDE VILLAS THIS AGREEMENT is made this _____ day of ____________, 2019, by and between the City of Lino Lakes, a Minnesota municipal corporation, and Hokanson Construction and Development Company, Inc. (“Developer”). 1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. 18-109 for a plat known as Eastside Villas (“Subdivision”). Unless otherwise stated, all terms and conditions of this Agreement relate to work within the Subdivision. 2. Final Plat Approval. The City’s approval of the final plat of Eastside Villas, as legally described on Exhibit A attached hereto, is contingent upon execution and delivery of this agreement and all required petitions, bonds, security, and documents, and satisfaction of all conditions of approval required by Resolution No. 19-48. The Final Plat is attached hereto as Exhibit B. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Development Agreements for such phases are approved by the City. 4. Developer Plans. a. The Subdivision shall be developed in accordance with the following Developer Plans, original copies of which are on file with the City Engineer. The Developer Plans may be prepared and revised after entering into this Agreement but must be approved by the City before commencement of any work. If the plans vary from the written terms of this Agreement, this Agreement shall control. b. The Developer Plans as of the date of this Agreement are: i. Eastside Villas Street and Utility Construction plan set containing 8 sheets, prepared by Carlson McCain, revised February 25, 2019, received February 27, 2019. 5. Permits. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Eastside Villas Development Agreement April 22, 2019 page 2 Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public improvements. 6. Developer Improvements. The Developer shall secure a contractor to install these improvements, hereinafter referred to as the “Developer Improvements,” which contractor shall be approved by the City in its absolute discretion. The cost of Developer Improvements is as shown on Exhibit C attached hereto. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense the following improvements according to the following terms and conditions: a. Site Grading i. No grading shall commence until all requirements of the Rice Creek Watershed District (RCWD) have been satisfied. ii. All site grading shall be conducted in accordance with the grading plan as approved by the City and in accordance with NPDES and RCWD requirements. The Developer shall perform the work in accordance with a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota Pollution Control Agency (MPCA) requirements. b. Grading and Erosion Control i. The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. ii. The street right-of-way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. iii. The Developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvement as proposed. iv. The Developer’s engineer shall certify in writing, with an as-built survey, that all grading complies with the approved grading plan prior to issuance of any building permits. v. The Developer shall promptly clear dirt and debris within public right-of- ways and drainage and utility easements resulting from construction by the Developer, its purchasers, builders and contractors within five (5) Eastside Villas Development Agreement April 22, 2019 page 3 days after notification by the City. The Developer shall be responsible for all necessary street and storm sewer maintenance, including street sweeping, until all home construction is completed, unless otherwise released by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on them, including detour signs if necessary. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. c. Final street grading, subbase, gravel base, concrete curb and gutter, and bituminous base course and wear course shall be furnished and installed. d. Sidewalks, paths and street lighting as required by the City. e. Storm sewers, when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances, shall be furnished and installed. f. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances, shall be furnished and installed. g. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances, shall be furnished and installed. h. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan. Guard stakes shall be appropriately installed to mark these irons. i. Landscaping shall be furnished and installed in accordance with the approved plans. j. The Developer shall arrange for all gas, telephone, cable TV and electric utility services to the Subdivision in accordance with City Code and State law. The utilities are required to be located within a joint trench. Street light installations shall be initiated by the Developer with City Engineer approval. The Developer is solely responsible for the cost of utility installation. k. The Developer shall install mailboxes in accordance with Federal and Postal Service regulations. Eastside Villas Development Agreement April 22, 2019 page 4 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 by November 30, 2019, with the bituminous non-wear course by October 15, 2019. The Developer may request a reasonable extension of time from the City. If the extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 8. City Improvements. The following improvements, hereinafter referred to as “City Improvements,” shall be designed, inspected, surveyed and administered by the City, and installed by the City on the Subject Property at Developer Expense: No City improvements are proposed to be constructed for this subdivision. 9. Record Drawings. a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including grading, sanitary sewer, watermain, storm sewer facilities, and roads, constructed by Developer. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. b. The Developer shall submit certified compaction testing results for the site grading operations. c. A summary of the record plan attribute data for the storm sewer, watermain, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. d. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 10. Faithful Performance of Construction Contracts and Security. a. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements. Concurrent with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150%) percent of the total estimated cost of Developer's Improvements. b. Irrevocable Letter of Credit. If an Irrevocable Letter of Credit is utilized, it shall be for the exclusive use and benefit of the City of Lino Lakes and shall state that it is Eastside Villas Development Agreement April 22, 2019 page 5 issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Agreement and construction of all required improvements referenced therein in accordance with the ordinances and specifications of the City. The letter shall be in a form, and from a bank, as approved by the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this agreement. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates on an annual basis, unless at least sixty (60) days prior to the expiration date, the Community Development Director and City Engineer, are notified by certified mail or overnight courier, that the Letter of Credit will not be extended. c. Alternatively, the Developer may enter into a Public Improvement Surety Agreement, subject to City approval. d. Reduction of Security. The Developer may request reduction of the Letter of Credit or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. 11. Warranty. The Developer warrants all utility work required to be performed by it against poor material and faulty workmanship for a period of two years after its completion and acceptance by the City. All new streets shall be warranted by the developer for a period of one year from the time the final inspection of the street is completed and accepted by the City. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for 12 months after planting. Prior to final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of this Agreement. The amount shall be determined by the City Engineer. 12. Dedication. The Developer shall dedicate to the City, at no cost to the City, any permanent or temporary easements that may be necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 13. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the public improvements lying within public right-of-way and easements shall become City property without further notice or action unless the improvements are to be deemed private infrastructure. 14. Recording and Release. The Developer agrees that the terms of this Development Agreement shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Eastside Villas Development Agreement April 22, 2019 page 6 Agreement with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1. 15. Escrow for City’s Costs. a. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the Subdivision including, but not limited to, the following (See Exhibit C for breakdown of costs): i. Planning/ Review ii. Administration - 3% of Developer Improvement Costs iii. City Engineering iv. Street lighting installation (by utility company, developer to initiate) v. Traffic signing improvements vi. Boulevard tree planting vii. Street, storm sewer and pond maintenance viii. Property Taxes. Should the recording of the Final Plat occur after July 1st, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. b. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow with suitable documentation supporting the charges. 16. Developer Fees. At the time of execution of this Agreement, the Developer shall pay the following fees related to the development of the Subdivision (See Exhibit C for breakdown of costs): a. Park Dedication: The Park Dedication Fee for this site is calculated as follows: 32 units x $3,000 per unit = $96,000 Trail Construction Credit = ($13,400) TOTAL PARK DEDICATION FEE = $82,600 Eastside Villas Development Agreement April 22, 2019 page 7 b. The Developer shall pay 15 months of maintenance and energy costs for street lights installed within the Subject Property at the rate of $7/month/light. After that the City will assume the costs. c. Sealcoating. The Developer will pay the cost of sealcoating the streets within the development at a cost of $10,965. The sealcoating will be completed within three to seven years following completion of the wear course placement. d. GIS Mapping Fees e. Trunk 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. Residential trunk charges are based on one unit per dwelling unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Sanitary Sewer $1,573.00 Per Unit 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). Residential uses shall be assigned one unit per dwelling unit unless otherwise noted by MCES. City Sewer (CSAC) $1,471.00 Per SAC Unit Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit C. f. Trunk Water Connection Fees Eastside Villas Development Agreement April 22, 2019 page 8 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. Residential trunk charges are based on one unit per dwelling unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Water $2,259.00 Per Unit 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). Residential uses shall be assigned one unit per dwelling unit unless otherwise noted by MCES. City Water (CWAC) $1,421.00 Per SAC Unit An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Exhibit C. g. Surface Water Management Area Charges The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on developable acreage, in the amount specified in Exhibit C. The charge shall be paid at the time of subdivision approval. 17. Assessment of Charges and Waiver of Rights. a. In consideration of the construction of City Improvements listed in Paragraph 8 and /or provision of sewer, water and storm water services, the Developer agrees that the costs of City Improvements together with Trunk Sewer Unit Charge, Trunk Water Unit Charge and the Surface Water Management Area Charge (collectively, “the Charges”) may be assessed against the Subdivision Eastside Villas Development Agreement April 22, 2019 page 9 parcels. The Developer hereby waives any and all procedural and substantive objections to the special assessments, including notice and hearing requirements, any claim that the assessments exceed the benefit to the properties, and any right to appeal. b. Unless the Developer pays the entire balance owed for the Charges contemporaneously with the execution of this Agreement, the Developer shall provide to the City a cash escrow or irrevocable letter of credit in an amount equal to 35% of the total assessments for the Charges as estimated by the City Engineer (see Exhibit C). The letter of credit shall be in a form, and from a bank, as approved by the City. The letter of credit or cash escrow may be used by the City upon default by Developer in the payment of special assessments. The cash escrow or letter of credit shall remain in place throughout the term of the special assessments. The letter of credit may not be terminated without the City’s written consent. c. Developer, its heirs, successors or assigns, agrees that within 30 days after the date of sale of a lot, the Developer, its heirs, successors or assigns, at its own cost and expense, shall pay the entire unpaid charges assessed or to be assessed under this agreement against such property. d. If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to 120% of the Engineer's estimate of the special assessments for such Charges that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. e. Acceleration upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat or development, or fails to pay when due any installment of any special assessment levied pursuant to this agreement, or any interest thereon, the City at its option, in addition to its rights and remedies hereunder, after 10 days written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided herein. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to Minnesota Statutes section 429.061, subdivision 3, for Eastside Villas Development Agreement April 22, 2019 page 10 collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. In addition to any other rights and remedies upon Developer’s default, the City may refuse to issue building permits and/or Certificates of Occupancy for any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees, if the City prevails in any enforcement action. 18. Building Permits. No building permits shall be issued until: a. Site grading, certified compaction testing, City sewer, water, storm sewer, and bituminous base construction of the streets, temporary street signs, gas, electric, and telephone are completed and approved by the City, except as provided below. i. Model Homes: Structures may be installed as model homes consistent with City ordinance upon approval of the final plat. A record drawing of the site grading for the model home lots shall be submitted prior to issuance of building permits for the model homes. ii. If any building permits for model homes are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. Any such costs shall be reimbursed from Developer’s escrow. 19. Special Provisions. a. Homeowners’ Association Covenants and Restrictions i. The Developer shall establish a Homeowners’ Association (the “HOA”) for all phases of the Development and shall submit a Declaration of Restrictions and Covenants (the “Declaration”) for each phase to the City Attorney for review. The Declaration shall, among other matters, provide for the collection of annual dues for the HOA’s maintenance obligation of the Common Elements and Improvements as defined in the Declaration (e.g. fences, noise walls and retaining walls) within each Eastside Villas Development Agreement April 22, 2019 page 11 phase of the Development, together with reasonable reserves. The Declaration shall provide that the City has the right to perform maintenance of the Improvements if the HOA fails to do so in compliance with applicable rules and regulations, and allow for the City to assess a lien or a Minn. Stat. Ch. 429 special assessment against the homesites for work which was to be paid for by the HOA dues. Declarations applicable to each phase will be submitted at the time of final plat approval of each phase, and the City shall have the right to review and to approve those portions of the Covenants and Restrictions for each Community within the Development that are required by the terms of this Agreement. Any amendments to the Homeowner’s Association Declaration impairing the rights of the City shall be approved by the City Attorney. The Developer and Owner hereby waive, on their own behalves and on behalf of future owners, any procedural or substantive challenge to assessments under this section. All Declarations for the Project shall include language consistent with this section. b. The existing house at 2182 Cedar Street shall be removed prior to the issuance of any single family home building permits. i. A building permit is required for the removal of the existing house. c. The existing septic system and private well at 2182 Cedar Street shall be properly removed/sealed and approved by the City prior to the issuance of any single family home building permits. d. No single family home building permits, except for one (1) model home permit, shall be issued prior to the installation of the noise fence along I-35E and screen fence along Cedar Street according to plan specifications and approved by the City. 20. Hours of Construction Activity. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed 21. Insurance. Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor’s work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed Eastside Villas Development Agreement April 22, 2019 page 12 by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 22. Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, chapter 429. 23. General. a. Binding Effect The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land, unless otherwise released pursuant to section 14 of this Agreement. b. Validity. If a portion, section, subsection, sentence, clause, paragraph or phrase in this agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Agreement. c. Notices Eastside Villas Development Agreement April 22, 2019 page 13 Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses below by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties are as set forth until changed by notice given as above. Hokanson Construction and Development Company, Inc. Attn: Roger Hokanson 1550 91st Avenue Blaine, MN 55449 Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 24. Land Use Controls - Planned Unit Development. a. Eastside Villas is a Planned Unit Development (PUD) as approved by the City Council by Ordinance No. 12-18, Resolution No. 18-109 and Resolution No. 19- 48. b. The zoning ordinance requirements as established in the R-2, Two Family Residential District shall apply unless otherwise noted by Council ordinance or resolution. Eastside Villas Development Agreement April 22, 2019 page 14 DEVELOPER CITY OF LINO LAKES By ______________________ By _________________________ Mayor Its ______________________ ATTEST By _________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2019, 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 ____________, 2019 by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public Eastside Villas Development Agreement April 22, 2019 page 15 STATE OF MINNESOTA ) ) SS COUNTY OF __________ ) On this _______ day of _______________, 2019, before me, a Notary Public within and for said County, personally appeared ____________, __________________ of ___________________. (Developer), who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Eastside Villas Development Agreement April 22, 2019 page 16 EXHIBIT A Legal Description That part of the Northeast 1/4 of the Northwest 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. Eastside Villas Development Agreement April 22, 2019 page 17 EXHIBIT B Final Plat ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGEASTSIDE VILLASCEDAR STREET IVYWOODCURVE Eastside Villas Development Agreement April 22, 2019 page 18 EXHIBIT C Securities, Escrows & Fees 4/18/2019 EXHIBIT C Securities, Escrows & Fees PROJECT: Eastside Villas NUMBER OF REU's:32 APPLICANT: Hokanson Construction & Development, Inc. NO. OF LOT FRONTAGES 34 AREA (acre):8 IMPROVEMENTS COST DEVELOPER IMPROVEMENT COSTS (Public) SITE GRADING $103,590 EROSION CONTROL $13,550 LANDSCAPING $43,005 NOISE FENCE $107,000 TRAIL $13,400 STREETS $206,565 STORM SEWER CONST.$97,314 SANITARY SEWER CONST.$85,401 WATERMAIN CONST.$106,138 ENGINEERING & SURVEYING $13,917 Total $789,880 Letter of Credit Amount X 150%$1,184,820 ESCROW for CITY'S COSTS PLANNING/ REVIEW $2,200 ADMINISTRATION $23,700 ENGINEER PLAN REVIEW $2,000 ENGINEER CONSTRUCTION SERVICES $24,486 PROJECT FINAL DOCUMENTS & CITY ENGINEER $2,800 STREET LIGHT INSTALLATION $7,500 STREET & STORMWATER MAINTENANCE $1,500 PROPERTY TAXES $500 TRAFFIC AND SIGNING IMPROVEMENTS $1,100 BOULEVARD TREE PLANTING $16,490 Total $82,276 DEVELOPMENT FEES PARK DEDICATION $96,000 PARK DEDICATION CREDIT ($13,400) Subtotal Park Dedication Fee $82,600 AUAR $2,690 SEAL COATING FEE $13,824 GIS MAPPING FEE $3,060 STREET LIGHTING OPERATION $315 Total $102,489 TRUNK SANITARY SEWER TRUNK CHARGE PER ACRE $50,336 AVAILABILITY CHARGE PER SAC UNIT $47,072 TRUNK SANITARY SEWER CREDIT $0 TRUNK WATERMAIN TRUNK CHARGE PER ACRE $72,288 AVAILABILITY CHARGE PER SAC UNIT $45,472 TRUNK WATERMAIN CREDIT $0 TOTAL TRUNK SEWER & WATER FEES $215,168 SURFACE WATER MANAGEMENT $57,384 SURFACE WATER MANAGEMENT CREDIT $0 TOTAL SURFACE WATER MANAGEMENT FEES $57,384 Total $272,552 Letter of Credit Amount X 35% $95,393 SUMMARY OF SECURITIES, ESCROW & FEES SECURITY: DEVELOPER IMP'MENT COSTS $1,184,820 ESCROW FOR CITY COSTS $82,276 DEVELOPMENT FEES $102,489 SECURITY: TRUNK FEES $95,393 Memorandum To: Katie Larsen, City Planner From: Dane Ekdom, EIT, WSB & Associates Diane Hankee, City Engineer Date: April 18, 2018 Re: Eastside Villas Final Plat Submittal 2/27/19 012469-000 As requested by City Staff, WSB and Associates, Inc. has reviewed the Final Plat for Eastside Villas in Lino Lakes, MN prepared by Carlson McCain received on February 27, 2019. The following documents were reviewed: • Eastside Villas Sanitary Sewer, Water Main, Storm Sewer, and Street Construction Plans dated February 25, 2019 • Eastside Villas Grading, Development, & Erosion Control Plans dated February 25, 2019 • Eastside Villas Final Plat received February 27, 2019 • Response to Engineering Comment Letter (comments included below) received February 27, 2019 • Traffic Noise Assessment prepared by Braslau, dated July 9, 2018 • Acoustical Plywood Panel Fence Detail Plans prepared by Stroh Engineering dated February 25, 2019, with Memorandum prepared by David Braslau dated February 23, 2019 • Horizontal Wood Fence Detail plans prepared by Stroh Engineering dated February 7, 2019, with Memorandum prepared by David Braslau dated February 23, 2019 • Braslau Noise Assessment Memorandum prepared by David Braslau, dated February 25, 2018 The following are our review comments that should be responded to in writing by the applicant. Additional engineering comments are shown in blue. Responses are shown in red. Engineering • General The Eastside Villas development is located just west of I-35E and south of Cedar Street, adjacent to the Northpointe development. The Eastside Villas development would consist of 32 single family homes including associated infrastructure. With the Northpointe development, roadways & utilities were planned to be extended to this property. A noise wall is also proposed along the east side of the development, as a noise barrier from Interstate 35E. Comments: 1. The development is consistent with the Alternative Urban Areawide Review (AUAR) study done for the I35E corridor in 2005. This area was also reviewed with the Northpointe development and there are no comments associated at this time. Comment noted. 2. The applicant shall provide driveway locations. 3. The applicant shall note/show retaining wall location on utility & street construction sheets as well. 4. A building permit from the City shall be required prior issuance of a Grading Permit for demolition of the existing house that is located within the proposed development area. Comment noted. 5. The applicant shall include FINAL noise wall construction sheets and details shall be included in the final utility/civil construction plans. The City recommends the acoustical plywood fence detail, with two (2)-3/4” panels glued and screwed together with the proposed footings. Wall design and details submitted with final. This differs from the city recommendation (12.b). 6. It is recommended that the applicant move the driveways for Block 3, Lot 10 and Block 2, Lot 3 so that they are not located on the curve/corner of the road. plan updated. 7. The applicant shall move trees on the Landscaping Plans so that they are not located over any services or public utilities. It is recommended that these be moved as far from the proposed utilities as possible. Plan updated to the extent possible. • Site Grading The Eastside Villas development proposes site grading prior to installation of utilities. Homes are proposed to be “slab on grade” style. As part of the development, Pond 500 would be an expansion of an existing pond that was constructed as part of the Northpointe development. Comments: 1. The applicant shall show silt fence around the perimeter of Pond 500 2. The applicant shall note that inlet protection shall be placed in existing downstream catch basins in the Northpointe development. 3. The applicant shall show the existing drainage conditions (arrows or contours) of the south side of Cedar Street. The applicant shall show the proposed drainage grades for the ditches in this area. It appears there is a high point on Lot 2, Block 1 that would prevent the drainage from flowing south to the existing pond. Note added to daylight ditch to the west. 4. The applicant shall note the use of sediment control measures is required at inlet flared end sections. 5. The applicant shall extend the silt fence/perimeter control measures to include adjacent wetlands to the bituminous trail construction to the south. 6. The applicant shall provide further detail or plans for both retaining wall proposed on site. Types of footings, foundations, drain tile, soils, etc. need to be included with the information. The applicant should consider including wall section views/details. As discussed, wall designs will be submitted by the grading contractor 7. The applicant should consider leaving additional space around the retaining walls (away from the noise wall & wetlands) to allow space for equipment to access the wall for necessary repairs/excavations in the future. As discussed, we are unable to move the wall due to the proximity to the fence and berm. Wall material (modular) will ease future repairs. 8. The applicant shall provide the EOF for CB 104 & 107 and verify that the EOF provides 1 foot of freeboard to Block 2 Lots 8&9. EOF added at the high point at STA. 5+50. EOF is at 922.3 which provides 1’ freeboard. 9. The applicant shall provide a SWPPP with the final construction plans for review. The SWPPP shall be reviewed by the City’s Environmental Coordinator. As discussed, this has been submitted and reviewed by the city 10. The applicant shall Call out erosion control blanket on all swales and pond slopes. Note added to detail and blanket added to grading plan. 11. The applicant shall add redundant erosion control protection adjacent to the wetland. Double row of silt fence added. 12. The applicant shall provide a street sweeping plan. Sections 4.3 and 5.2 of the SWPPP notes that the street shall be cleaned within 24 hours of detection for tracked sediment. • Stormwater Management The stormwater management for the Eastside Villas development consists of catch basins at the low points to convey stormwater to Pond 500, and discharge into JD3. Comments: 1. For maintenance, the City recommends extending storm sewer through the backyards of the east side of the development versus installing multiple flared end sections that discharge into MnDOT right-of-way 2. The applicant shall label the bench around Pond 500. 3. The applicant shall note the locations of the outlet flared end sections underneath the berm on Block 1. Are these proposed to be within MnDOT right-of-way? If so, permitting will be required. 4. The applicant shall label storm structures. Storm structures are labeled on the final plans and noted on the grading. 5. The applicant shall provide explanation as to why they HydroCAD model includes “Pond 400” which is not shown on the drainage map. The location shall be confirmed within the drainage maps if applicable. Pond 400 is the downstream pond in Northpointe Development and was added for the tailwater conditions of the pond. 6. The applicant shall povide 2.0 feet of freeboard from the 100-yr HWL existing adjacent walk out property low entry elevations. The HWL elevation of the pond is 917.4 which is a 1 foot freeboard. At the time the existing houses were constructed the pond was modeled pre Atlas 14. This was approved with the Northpointe PUD. Eastside villas lowers the 100-YR HWL from 917.5 to 917.4 (Atlas 14). 7. The applicant shall provide catch basin spacing calculations, and include structure size information on the utility sheets Spread calcs have been submitted. As discussed with Diane, double catch basin will not be needed at the center low point. Structure size is shown on the storm sewer schedule on the plans. 8. The applicant shall indicate in Table 2 of the SWMP what HydroCAD nodes are associated with each row, and verify all inputs in the table are correct. S-NW is the subcatchment discharging northwest for proposed and existing conditions. Pond 500 is the discharge to the south for proposed and existing conditions. Reach 5R is the discharge to the northeast for proposed and existing conditions. SWMP updated. 9. The applicant shall Provide a detailed explanation in the SWMP describing why volume reduction requirements are not being met. Refencing other developments is not adequate explanation for rule variances. a Use the RCWD “Required Water Quality Treatment Volume (ft3)” equation to quantify the required water quality volume Section 2.5 of the SWMP discusses the clayey and silty soils located onsite. Northpoint referenced as the borings were similar and the sites are adjacent to each other. • Water Supply 8- inch watermain would be extended from an existing stub on Dogwood Street with 1-inch Type K copper services extended to each lot. A temporary hydrant would be installed on the northwest stub street for future looping and expansion on Butternut Street. Comments: 1. The applicant shall show the locations of water services with final construction plans. Services are shown on final plans. 2. The applicant shall provide pipe profiles with final construction plans. Pipe profiles are shown on the final plans. 3. The applicant shall show a minimum of 10’ of separation between water main and sanitary sewer (except for services). This is shown on the plans (note near STA. 4+00) 4. The applicant shall specify that ductile iron pipe (DIP) water main shall be encased in polyethylene wrap. Note added to plans. 5. The applicant shall label the bend at Sta. 8+75, adjacent to MH 3. As discussed, GV moved to the bend location. (pipe deflection is only 4° so bend not necessary) 6. The applicant shall include road stationing in the profile view of the proposed utilities. As discussed, the pipe alignment doesn’t follow the centerline alignment. MH centerline station denoted in the profile view. • Sanitary Sewer 8- inch Polyvinyl Chloride (PVC) Pipe would be extended from existing stub on Dogwood Street with 4-inch Schedule 40 PVC services extended to each lot. The development proposes ending with a stub for future extension and service of Butternut Street. Comments: 1. The applicant shall show the locations of sanitary services with final construction plans. Services are shown on final plans. 2. The applicant shall provide pipe profiles with final construction plans. Pipe profiles are shown on the final plans. 3. The applicant should adjust sanitary sewer main and services to avoid services that are longer than 100 feet in length. If any services are required to be greater than 100 feet, then the applicant shall add a note that clean outs are required on all sanitary services that are longer than 100 feet in length. Cleanouts are shown on the sanitary lines greater than 100’ (B1L3 and B2 L1-2) • Transportation The Eastside Villas development proposes one 28-foot (back-to-back) street extension from the existing Dogwood Street ending at the future Butternut Street extension. The street would include 2 eyebrow curves with 46-foot back of curb radii and 4 lots adjacent on each curve. A Noise Study Report was also prepared by David Braslau Associates regarding the noise pollution caused by adjacent traffic along Interstate-35E. Comments: 1. The applicant shall adjust height of the sound wall to the recommended 936 feet. 2. The applicant shall submit details for the construction of the sound wall. The sound wall shall be constructed using MnDOT specifications and approved materials. Sound wall details are shown on sheets S1 and S2. 3. The City’s Comprehensive Plan identifies a future overpass of Cedar Street over I-35E. This will likely require a retaining wall at the existing south right-of-way edge of Cedar Street. Comment noted. 4. The applicant shall provide street grades with final construction plans. Street grades are shown on the final plans. 5. The applicant shall provide signs on Butternut Street to indicate “Future Road Extension.” Future road extension sign noted on final plans. 6. The applicant shall include ADA pedestrian curb ramp details with final construction plans. ADA ped ramp detail plates shown on final plans. The applicant shall include the latest MnDOT standard plans for pedestrian curb ramps in the plans, not just the standard detail plates. 7. The applicant shall show proposed street light locations on final construction plans. Street lights shown on final plans. 8. The applicant shall review the assumptions of the Northpointe Subdivision Traffic Study and comment if the improvements outlined in the study are to be completed with the Eastside Villas development increase in background traffic. If these improvements are not proposed to be completed, the applicant shall show that these improvements are not required with the Eastside Villas development. See memo from Spack Consulting dated 7/31/18 that was previously submitted. 9. The applicant shall adjust the crest and sag curves in the roadway to meet minimum curve lengths (minimum 25 MPH road, 30 MPH preferred). K value’s have been added to the profile. As discussed, vertical curve at 11+00 is just under the required K value but due to the location with the CDS this is acceptable. 10. The applicant shall label the grades (percent) around the eyebrow curves. Plan updated. 11. The applicant shall adjust street detail for 6” Class 5 Aggregate Base Detail updated. 12. Bituminous mix shall be SPWEA240C for wear course; SPNWB230C for nonwear/base course Detail updated. 13. Curb type in the typical section shall be called out as “surmountable” Detail updated. 14. The applicant shall submit actual MINNOISE files to the City. To be provided by owner. • Wetlands and Mitigation Plan At this time, there are no wetland impacts proposed on the Eastside Villas development. A Wetland Delineation is being completed by Kjolhaug and will be reviewed by the City once it is received from the Applicant. 1. The applicant shall add a detail for the wetland buffer signs. Detail updated. 2. The applicant shall include the wetland buffer in the construction plans or the grading & erosion control plans. Wetland buffer added to the plans. • Geotechnical Soil borings were completed by Northern Technologies (NTI) with a recommendation report for backfill and soil corrections. It is understood that the applicant shall follow the recommendations stated in the report for soil corrections. • Floodplain The Eastside Villas development has existing floodplain on the southeast portion of the site development. The Northpointe development processed a LOMR in this area. The proposed lots are not within floodplain. Comments: 1. The applicant shall show that the existing FEMA floodplain boundary is not encroaching on any proposed lots. Note: this is different from just taking the elevation contour as they did in the floodplain exhibit, as the actual FEMA boundary sometimes doesn't follow correct elevations. The floodplain line shown is the FEMA Floodplain. 2. The applicant shall provide a cut/fill analysis of the existing/proposed floodplain boundary to show there is not a net fill within the floodplain. There is no floodplain fill on the site. 3. The applicant shall note that if the existing floodplain is encroaching on any lots, a CLOMR/LOMR would need to be completed. Not applicable. The floodplain doesn’t encroach onto the lots. 4. The applicant shall note that if changes are being made to the FEMA floodplain, new floodplain over the pond is shown, then a new or amended LOMR for the area will be required. Comment noted. 5. Please label the FP elevation and verify 2 feet of freeboard is maintained between the FEMA flood plain elevation and the low floor of proposed and existing adjacent buildings. The floodplain shown is at the 100-yr HWL of the pond (917.4). As discussed the At the time the existing houses were constructed the pond was modeled pre Atlas 14. This was approved with the Northpointe PUD. Eastside villas lowers the 100-YR HWL from 917.5 to 917.4 (Atlas 14). • Drainage and Utility Easements Generally, roadways are proposed within right-of-way and lots include standard drainage and utility easements. The applicant shall provide adequate drainage and utility easements over surface water management features. Comments: 1. The applicant shall provide necessary drainage and utility easements for the swale in the rear lots of Block 1, or add more storm sewer crossings underneath the berm as previously noted. • Development Agreement A development agreement will be required with the final plat. A street light maintenance agreement shall also be required prior to the issuance of building permits. Comment noted. To be provided by owner. • Stormwater Maintenance Agreement The stormwater maintenance for public facilities will be covered under the City’s Programmatic Stormwater Management Agreement. Comment noted. • Permits Required 1. NPDES General Construction Permit This has been obtained and has been previously submitted to the city. 2. City of Lino Lakes Zoning Permit for construction This will be obtained prior to construction. 3. Minnesota Pollution Control Agency Sanitary Sewer Extension Permit MPCA SSWR permit has been submitted to the city to be signed and returned so we can submit to the MPCA. Total units on permit application is incorrect – should be 32 units, not 20. This has been updated with 32 lots shown on the app. This has been submitted to MPCA. 4. Minnesota Department of Health This is in process. Received 5. Rice Creek Watershed Permit for Erosion and Sediment Control Remaining CAPROC items submitted to RCWD 3/7/19. Were contacting RCWD for status. 6. 6. MnDOT permit will be required for work within MnDOT Right-of-Way. Not applicable at this time. If you or the applicant has any questions regarding these comments, please contact Dane Ekdom at (763) 762-2815 or dekdom@wsbeng.com. Eastside Villas City Council April 22, 2019 Background•Hokanson Construction & Development Co •Single-level living villas •32 detached single family lots •Extension of NorthPointe 6th Addition 2 Land Use Application•September 2018: CC approved PUD Development Stage Plan/PP •Tonight •PUD Final Plan •Final Plat 3 4 NorthPointe 6th Eastside Villas 5 Existing Site Conditions •10 acre parcel •Existing single family house NE corner •House shall be removed in conjunction with grading 6 Preliminary Plat •32 single family lots •Outlot A= SW pond, wetland and trail •50 foot wide lots •50 ft ROW & 28 ft paved road width •7 feet ROW along Cedar St dedicated Wetland SW Pond •8” watermain and sanitary sewer •Trail connection to NorthPointe Park •No wetland impacts •No floodplain impacts 7 Final Plat •Final plat is consistent with the PUD Development Stage Plan/Preliminary Plat •1 phase development 8 HOUSE PLANS •Plan A = 1,604 w/ optional sunroom •Plan B = 1,489 w/ optional sunroom •Plan C = 1,458 no sunroom option •Variations in brick/stone, colors and styles •House plans are consistent with approved PUD architectural standards 9•Per Traffic Noise Study: 924 EL berm + 12 ft high wood fence required •Horizontal boards •Brown treated wood required vs. proposed standard green treated I-35E Noise Fence Park Dedication Eastside Villas 32 lots x $3,000 =$96,000 -Trail Construction Cost ($13,400) TOTAL =$82,600 10 Recommendation •April 10, 2018: P&Z recommended approval with 6-0 vote 11 Council Consideration•Consider Resolution No. 19-48 Approving PUD Final Plan/Final Plat •Consider Resolution No.19-49 Approving Development Agreement and Planned Unit Development Agreement 12 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: April 22, 2019 TOPIC: Consider Resolution No. 19-50, Approving Participation in the Anoka County CDBG and HOME programs. VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council consideration to participate in the Anoka County Housing and Urban Development (HUD) programs. BACKGROUND Anoka County administers receipt of federal Housing and Urban Development (HUD) funds from the Community Development Block Grant and HOME programs. The Community Development Block Grant (CDBG) program is the federal government’s primary program for promoting community revitalization. CDBG provides annual grants on a formula basis to Anoka County. The CDBG program has three national objectives: • Benefit low and moderate income persons • Aid in the prevention or elimination of slums or blight • Meet community needs that present a serious or immediate threat to the health or welfare of the community The HOME Investment Partnerships Program (HOME) provides formula grants to localities to fund a wide range of activities including building, buying, and/or rehabilitating affordable housing for rent or homeownership or providing direct rental assistance to low-income people. HOME is the largest Federal block grant to state and local governments designed exclusively to create affordable housing for low-income households. HOME program funds are awarded annually as formula grants to participating jurisdictions. The program’s flexibility allows local governments to use HOME funds for grants, direct loans or loan guarantees. Every three years the County must complete an Urban Requalification process to continue receiving and administering funds. As part of the process the County is required to notify participating communities of the option to be excluded from the County’s funding cycles for the next 3 years. If the City chooses to opt out of the County program the City would be able to apply for grants individually through the HUD Small Cities or State CDBG and HOME programs, but will not be eligible to receive funds through Anoka County for the next three years. The City is currently a participant in the County’s program. CDBG and HOME funds, provided by Anoka County, have previously been used in the City for the Vicky Lane Sanitary Sewer improvements, Lakewood Apartment Building and the YMCA Teen Center. Given the complexities and time involved with administering grants through the program, participation in the County’s program has been preferred over opting out. Additionally, there is no additional costs to the City to participate in the County’s program. RECOMMENDATION Staff is recommending approval of Resolution No. 19-50, Approving participation in the Anoka County CDBG and HOME programs. ATTACHMENTS 1. Resolution No. 19-50 CITY OF LINO LAKES RESOLUTION NO. 19-50 APPROVING PARTICIPATION IN ANOKA COUNTY CDBG AND HOME PROGRAM WHEREAS, the County of Anoka is competing the Urban Requalification process to receiving and administer Federal Housing and Urban Development (HUD) funds from the Community Development Block Grant Program and the HOME (Home Investment Partnerships Program); and WHEREAS, the County is required to notify participating cities of the option to be excluded from Anoka County’s “Urban County” funding cycles for federal fiscal years 2020 through 2022; and WHEREAS, the City of Lino Lakes finds that it is in the best interests of the city to remain a participate in with Anoka County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA, that the City will continue to participate in the Anoka County CBDG and HOME programs for federal fiscal years 2020 through 2022. Adopted by the Council of the City of Lino Lakes this 22nd day of April, 2019. 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 STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: April 22, 2019 TOPIC: Consideration of Resolution No. 19-52, Affirming Land Sale to UDOR Inc., USA VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to affirm a prior land sale approval to UDOR, Inc., USA. BACKGROUND UDOR USA constructed a building the Apollo Business Park (500 Apollo Drive) in the fall of 1994. Following construction of the facility that recognized the need to acquire an additional 10 feet to improve delivery vehicle maneuvering. The City, as owner of the abutting property, approved a minor subdivision, and approved Ordinance No. 21-95 approving the sale of the 10 feet to UDOR USA in the amount of $2,995. UDOR expanded their driveway facility and continues to operate on the site. Recent title work on the site determined that the City still retained ownership of the 10 foot strip. Staff has been unable to verify that the transaction was completed. UDOR is willing to complete the transaction in accordance with the original approval. The City Attorney has reviewed the original approvals and determined that the transaction can proceed as originally approved. The parcel has been used by UDOR over the past 25 years and the City has no other need for the property. It is clear from the record that the City’s intent of subdividing the property was for the sole purpose of conveying the property to UDOR USA. RECOMMENDATION Staff is recommending approval of Resolution No. 19-52. ATTACHMENTS 1. Resolution No. 19-52 2. Ordinance No. 21-95 3. Site Map CITY OF LINO LAKES RESOLUTION NO. 19-52 AFFIRMING LAND SALE TO UDOR INC, USA WHEREAS, The City Council of Lino Lakes adopted Ordinance No. 21-95 on November 27, 1995 approving the sale of property to UDOR U.S.A., and WHEREAS, following approval UDOR U.S.A. improved the property consistent with the intended purpose of the sale since such date, and WHEREAS, the deed for the property was not recorded and UDOR U.S.A. has requested completion of the transaction to clear title to the property. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes affirms the land sale to UDOR Inc. U.S.A. and authorizes the Mayor and City Clerk to execute the deed subject to review by the City Attorney, and subject to the conditions of the original sale. Adopted by the Council of the City of Lino Lakes this 22nd day of April, 2019. 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 Councilmember Elliott introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 21-95 AN ORDINANCE OFFERING THE SALE BY THE CITY OF LINO LAKES THE NORTHEASTERLY 10 FEET OF OUTLOT B, APOLLO BUSINESS PARK The City Council of Lino Lakes, Anoka County, Minnesota does ordain: I. The real property legally described as the northeasterly 10 feet of Outlot B, in Apollo Business Park, Anoka County, Minnesota (the "Property") is owned by the City of Lino Lakes the "City"). The city council of the City has determined that the Property is no longer needed by the City for any public purpose. II. The city council of the City authorizes sale of the Property to UDOR U.S.A. for $2,955. The mayor and city clerk -treasurer are hereby authorized and directed to execute such deed and other documents as may be necessary in order to sell the Property. Proceeds from the sale of the Property shall be used in accordance with the requirements of the city charter. This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with section 3.09 of the city charter. Vernon F. Reinert, Mayor ATTEST: Marilyn G. Anderson, Clerk -Treasurer The motion for adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Neal, Reinert. The following voted against same: None, Council Member Kuether was absent. Whereupon said ordinance was declared passed and adopted on November 27,1995. City Strip abutting UDOR Legend Address Labels April 2, 2019 Map Powered by DataLink from WSB & Associates 1 in = 95 ft ±