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HomeMy WebLinkAbout09-09-2019 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, September 9, 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 CITY COUNCIL MEETING, 6:30 P.M.  Roll Call - Rafferty, Stoesz, Manthey, Maher, and Mayor Reinert were present  Pledge of Allegiance  Open Mike / Public Comment - none  Setting the Agenda: Addition or deletion of agenda items The agenda was approved as presented SPECIAL PRESENTATION Presentation to Steve Heiskary for Nine Years of Service on Environmental Board PROCLAMATION Proclaiming the week of September 17-23 as United States Constitution Week 1. CONSENT AGENDA A) Consideration of Expenditures: i) September 9, 2019 (Check No. 110909 through 110965) in the amt of $192,398,08 B) Consider Approval of August 26, 2019 Work Session Minutes C) Consider Approval of August 26, 2019 Council Meeting Minutes D) Consider Approval of August 26, 2019 Special Session (budget) Minutes E) Consider Approval of Resolution No. 19-109, Declare Intent to Reimburse from Bond Proceeds, Water Tower No. 3 Improvements. F) Consider Approval of Resolution No. 19-112, Special Event Permit for Hopefest Charity Walk and Community Event Moved to 3A G) Consider Approval of Resolution No. 19-114, Approving Extension of the PUD Final Plan/Final Plat Submittal for Nature’s Refuge H) Consider Approval of Resolution No. 19-115, Premise Permit Application from White Bear Lake Hockey Association to Conduct Charitable Gambling at Fiesta Cancun on 21st Avenue I) Consider Resolution No. 19-118, Adopting Revised Private Activity Tax-Exempt Financing Guidelines Council Agenda -2- September 9, 2019 J) Consider Approval of Resolution No. 19-116, Approving a Special Event Permit for Waldoch Farm Inc., Pumpkin Patch and Corn Maze Action Taken: Motion by Manthey, seconded by Stoesz, to approve Consent Agenda Items 1A through 1J as presented was adopted 2. FINANCE DEPARTMENT REPORT No Report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Resolution No. 19-112, Special Event Permit for Hopefest Charity Walk and Community Event Action Taken: Motion by Manthey, seconded by Stoesz, to approve Resolution No. 112 as presented was adopted 4. PUBLIC SAFETY DEPARTMENT REPORT No Report 5. PUBLIC SERVICES DEPARTMENT REPORT No Report 6. COMMUNITY DEVELOPMENT REPORT A) Otter Lake Animal Care Center (6848 Otter Lake Road), Katie Larsen i) Consider Resolution No. 19-110 Approving Conditional Use Permit Amendment for Veterinary Hospital Action Taken: Motion by Manthey, seconded by Stoesz, to approve Resolution No. 110 as presented was adopted ii) Consider Resolution No. 19-111 Approving Site Improvement Performance Agreement Action Taken: Motion by Manthey, seconded by Stoesz, to approve Resolution No. 111 as presented was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Following adjournment of the regular meeting, the City Council will reconvene in the Community Room for the purpose of holding a special work session to discuss the 2020 Budget Community Calendar – A Look Ahead September 9, 2019 through September 23, 2019 Wednesday, September 11 6:30 pm, Council Chambers Planning & Zoning Monday, September 23 6:00 pm, Community Room Council Work Session Monday, September 23 6:30 pm, Council Chambers City Council Meeting Updated 9/6/2019 CITY COUNCIL AGENDA Monday, September 9, 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 CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call  Pledge of Allegiance  Open Mike / Public Comment  Setting the Agenda: Addition or Deletion of Agenda Items SPECIAL PRESENTATION Presentation to Steve Heiskary for Nine Years of Service on Environmental Board PROCLAMATION Proclaiming the week of September 17-23 as United States Constitution Week 1. CONSENT AGENDA A) Consideration of Expenditures: i) September 9, 2019 (Check No. 110909 through 110965) in the amount of $192,398,08. B) Consider Approval of August 26, 2019 Work Session Minutes C) Consider Approval of August 26, 2019 Council Meeting Minutes D) Consider Approval of August 26, 2019 Special Session (budget) Minutes E) Consider Approval of Resolution No. 19-109, Declare Intent to Reimburse from Bond Proceeds, Water Tower No. 3 Improvements. F) Consider Approval of Resolution No. 19-112, Special Event Permit for Hopefest Charity Walk and Community Event Moved to 3A G) Consider Approval of Resolution No. 19-114, Approving Extension of the PUD Final Plan/Final Plat Submittal for Nature’s Refuge Council Agenda -2- September 9, 2019 H) Consider Approval of Resolution No. 19-115, Premise Permit Application from White Bear Lake Hockey Association to Conduct Charitable Gambling at Fiesta Cancun on 21st Avenue I) Consider Resolution No. 19-118, Adopting Revised Private Activity Tax-Exempt Financing Guidelines J) Consider Approval of Resolution No. 19-116, Approving a Special Event Permit for Waldoch Farm Inc., Pumpkin Patch and Corn Maze 2. FINANCE DEPARTMENT REPORT No Report 3. ADMINISTRATION DEPARTMENT REPORT A) Consider Resolution No. 19-112, Special Event Permit for Hopefest Charity Walk and Community Event 4. PUBLIC SAFETY DEPARTMENT REPORT No Report 5. PUBLIC SERVICES DEPARTMENT REPORT No Report 6. COMMUNITY DEVELOPMENT REPORT A) Otter Lake Animal Care Center (6848 Otter Lake Road), Katie Larsen i) Consider Resolution No. 19-110 Approving Conditional Use Permit Amendment for Veterinary Hospital ii) Consider Resolution No. 19-111 Approving Site Improvement Performance Agreement 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Following adjournment of the regular meeting, the City Council will reconvene in the Community Room for the purpose of holding a special work session to discuss the 2020 Budget Community Calendar – A Look Ahead September 9, 2019 through September 23, 2019 Wednesday, September 11 6:30 pm, Council Chambers Planning & Zoning Monday, September 23 6:00 pm, Community Room Council Work Session Monday, September 23 6:30 pm, Council Chambers City Council Meeting PROCLAMATION CONSTITUTION WEEK SEPTEMBER 17-23, 2019 WHEREAS, September 17, 2019, marks the two hundred thirty-first anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and, WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate it; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week; NOW THEREFORE, BE IT RESOLVED that I, Jeff Reinert, Mayor of the City of Lino Lakes, do hereby proclaim the week of September 17 through 23, 2019 as CONSTITUTION WEEK and urge all citizens to study the Constitution, and reflect on the privilege of being an American with all the rights and responsibilities which that privilege involves. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Lino Lakes to be affixed. Adopted by the Lino Lakes City Council on September 9th, 2019. __________________________ Jeff Reinert, Mayor __________________________ Attest: Julie Bartell, City Clerk Expenditures September 9, 2019 Check #110909 to #110965 $192,398.08 City of Lino Lakes Activity Codes Code Description Code Description 401 Mayor/Council 817 Spring Fling 402 Administration 818 Winter Festival 403 Elections 819 Community Gardens 404 Cable TV 822 Family Corn Roast 405 Charter Administration 827 Gobbler Games 407 Finance 830 Adult Golf Lessons 414 Legal Consultants 835 Youth Skating Class 415 Economic Development 850 Golf Academy 416 Planning & Zoning 856 Youth Soccer 417 Engineering 857 Soccer Fundamentals 418 Community Development 860 Secret Shop 420 Police Protection 864 Preschool Playtime 421 Fire Protection 868 Little Goblins Party 422 Building Inspections 871 Flag Football 430 Streets 875 Snow Day 431 Fleet Management 876 Kite Day 432 Government Buildings 877 Rockin' in the Park 450 Parks 879 Movies in the Park 451 Recreation 890 Senior Programs 461 Environmental 462 Solid Waste Abatement 463 Forestry 494 Water 495 Sanitary Sewer 499 Other 802 Dodgeball Camp 806 Youth T-Ball 808 Youth Baseball Camp 810 Youth Playground 811 Youth Safety Camp 812 Youth Art Camps 814 Senior Programs/Book Club AP Checks by Account Number 09/09/2019 City Council Meeting Vendor Fund/Dept Account Amount Check # Description AFLAC 101-000 101-000-2040-000 167.80 110912 Insurance Premiums Central Pension Fund 101-000 101-000-2040-000 3,840.00 110909 August Central Pension Fund Delta Dental of Minnesota 101-000 101-000-2040-000 0.00 110927 Dental Insurance Premiums Lincoln National Life Ins Co 101-000 101-000-2040-000 1,267.82 110941 Life Insurance Premiums Medica 101-000 101-000-2040-000 0.00 110943 Health Insurance Premiums NCPERS Group Life Insurance 101-000 101-000-2040-000 304.00 110910 September Life Insurance Premiums Medica 101-000 101-000-2041-000 12,803.22 110943 Health Insurance Premiums Delta Dental of Minnesota 101-000 101-000-2044-000 1,661.16 110927 Dental Insurance Premiums Fidelity Security Life Insurance Co. 101-000 101-000-2048-000 76.15 110930 September Vision Insurance Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 110914 Easement Encroachment 974 Pheasant Run S Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 110914 Easement Encroachment 2062 Chestnut Street Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 110914 Easement Encroachment 1205 Buckthorn Lane Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 110914 Easement Encroachment 601 Prairie Flower Road Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 110914 Easement Encroachment 7189 Grey Squirrel Road Anoka County Property Records & Taxation 101-000 101-000-2081-000 46.00 110914 Easement Encroachment 7955 Highland Drive Lincoln National Life Ins Co 101-000 101-000-3416-000 0.14 110941 Life Insurance Premiums 101-000 Total 20,396.29 Medica 101-402 101-402-4131-000 569.49 110943 Health Insurance Premiums Lincoln National Life Ins Co 101-402 101-402-4133-000 80.91 110940 Disability Insurance Premiums Lincoln National Life Ins Co 101-402 101-402-4133-000 9.00 110941 Life Insurance Premiums Delta Dental of Minnesota 101-402 101-402-4134-000 176.40 110927 Dental Insurance Premiums Occupational Health Centers of MN P.C. 101-402 101-402-4300-000 61.00 110949 New Hire Pre-employment Screen Envir. Coord. Performance Plus LLC 101-402 101-402-4300-000 285.00 110954 Replacement Screen & Mask Fit POC Firefighter Optum 101-402 101-402-4310-000 90.00 110951 July Cobra & Retirees Fee Anoka County Property Records & Taxation 101-402 101-402-4340-000 46.00 110914 Elmcrest Avenue R/O/W 101-402 Total 1,317.80 Medica 101-407 101-407-4131-000 3,090.77 110943 Health Insurance Premiums Lincoln National Life Ins Co 101-407 101-407-4133-000 58.77 110940 Disability Insurance Premiums Lincoln National Life Ins Co 101-407 101-407-4133-000 10.82 110941 Life Insurance Premiums Delta Dental of Minnesota 101-407 101-407-4134-000 192.63 110927 Dental Insurance Premiums 101-407 Total 3,352.99 MN Metro North Tourism Board 101-415 101-415-4900-000 8,375.00 110947 July Tourism Tax 101-415 Total 8,375.00 Medica 101-416 101-416-4131-000 569.49 110943 Health Insurance Premiums Lincoln National Life Ins Co 101-416 101-416-4133-000 21.45 110940 Disability Insurance Premiums Lincoln National Life Ins Co 101-416 101-416-4133-000 2.25 110941 Life Insurance Premiums Delta Dental of Minnesota 101-416 101-416-4134-000 44.10 110927 Dental Insurance Premiums 101-416 Total 637.29 Lincoln National Life Ins Co 101-418 101-418-4133-000 37.98 110940 Disability Insurance Premiums Lincoln National Life Ins Co 101-418 101-418-4133-000 4.50 110941 Life Insurance Premiums 101-418 Total 42.48 Medica 101-420 101-420-4131-000 23,171.34 110943 Health Insurance Premiums Lincoln National Life Ins Co 101-420 101-420-4133-000 551.35 110940 Disability Insurance Premiums Lincoln National Life Ins Co 101-420 101-420-4133-000 64.23 110941 Life Insurance Premiums Delta Dental of Minnesota 101-420 101-420-4134-000 1,087.90 110927 Dental Insurance Premiums Centurion Skills Inc 101-420 101-420-4330-000 495.00 110921 Internal Affairs Investigations Training - M. Christensen Aspen Mills Inc. 101-420 101-420-4370-000 338.87 110917 Uniform Allowance K. Mobraten Aspen Mills Inc. 101-420 101-420-4370-000 134.85 110917 Uniform Allowance N. Hamann Galls LLC 101-420 101-420-4370-000 25.15 110932 Uniform Allowance V. Klosner Xcel Energy 101-420 101-420-4381-000 3.45 110964 Electric-Police Aspen Mills Inc. 101-420 101-420-4386-000 48.00 110917 Uniforms A. Stevens - Reserve 101-420 Total 25,920.14 Medica 101-421 101-421-4131-000 1,308.29 110943 Health Insurance Premiums Lincoln National Life Ins Co 101-421 101-421-4133-000 43.57 110940 Disability Insurance Premiums Lincoln National Life Ins Co 101-421 101-421-4133-000 4.40 110941 Life Insurance Premiums Delta Dental of Minnesota 101-421 101-421-4134-000 63.90 110927 Dental Insurance Premiums Bureau of Criminal Apprehension 101-421 101-421-4410-000 33.25 110920 Firefighter Fingerprint Criminal History Check A. Anderson Bureau of Criminal Apprehension 101-421 101-421-4410-000 33.25 110920 Firefighter Fingerprint Criminal History Check Y. Batic 101-421 Total 1,486.66 Page 1 AP Checks by Account Number 09/09/2019 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Medica 101-422 101-422-4131-000 2,372.26 110943 Health Insurance Premiums Lincoln National Life Ins Co 101-422 101-422-4133-000 57.54 110940 Disability Insurance Premiums Lincoln National Life Ins Co 101-422 101-422-4133-000 7.87 110941 Life Insurance Premiums Delta Dental of Minnesota 101-422 101-422-4134-000 132.30 110927 Dental Insurance Premiums Avon Business Forms & Promotions 101-422 101-422-4200-000 275.81 110919 Septic Inspection Forms City of Hugo 101-422 101-422-4410-000 250.03 110923 City of Hugo Building Inspection August 1 5 7 and 8 2019 101-422 Total 3,095.81 Medica 101-430 101-430-4131-000 3,590.55 110943 Health Insurance Premiums Lincoln National Life Ins Co 101-430 101-430-4133-000 103.75 110940 Disability Insurance Premiums Lincoln National Life Ins Co 101-430 101-430-4133-000 15.20 110941 Life Insurance Premiums Delta Dental of Minnesota 101-430 101-430-4134-000 249.16 110927 Dental Insurance Premiums Frattallone's/Circle Pines Ace 101-430 101-430-4211-000 18.49 110931 Cultivator Wood Safe-Fast Inc. 101-430 101-430-4211-000 897.48 110960 Spill Kits First Aid Kits Frattallone's/Circle Pines Ace 101-430 101-430-4385-000 63.92 110931 Fuse Cart DUL ELE TD 20A Xcel Energy 101-430 101-430-4385-000 521.40 110964 Electric-Street Lights Xcel Energy 101-430 101-430-4385-000 4,077.75 110964 Electric-Street Lights 101-430 Total 9,537.70 Medica 101-431 101-431-4131-000 1,134.68 110943 Health Insurance Premiums Lincoln National Life Ins Co 101-431 101-431-4133-000 23.24 110940 Disability Insurance Premiums Lincoln National Life Ins Co 101-431 101-431-4133-000 3.37 110941 Life Insurance Premiums Delta Dental of Minnesota 101-431 101-431-4134-000 66.15 110927 Dental Insurance Premiums Mansfield Oil Company 101-431 101-431-4212-000 5,113.97 110942 2290.8 Conv 87 Oct E-10 Mansfield Oil Company 101-431 101-431-4212-000 1,654.03 110942 699.5 Dyed B20 ULS #2 Clean 365 Factory Motor Parts Company 101-431 101-431-4221-000 274.52 110928 Stock Police SUV Brakes Factory Motor Parts Company 101-431 101-431-4221-000 160.50 110928 Stock Factory Motor Parts Company 101-431 101-431-4221-000 160.50 110928 Stock Factory Motor Parts Company 101-431 101-431-4221-000 16.83 110928 #232 DEL GT295 O'Reilly Automotive Stores 101-431 101-431-4221-000 30.93 110952 Stock Oil Filters O'Reilly Automotive Stores 101-431 101-431-4221-000 3.99 110952 Stock Drain Plug O'Reilly Automotive Stores 101-431 101-431-4221-000 8.76 110952 Repair Tire Machine in Shop O'Reilly Automotive Stores 101-431 101-431-4221-000 25.81 110952 Stock Oil Filters O'Reilly Automotive Stores 101-431 101-431-4221-000 11.72 110952 Stock Drain Plugs Pomp's Tire Service Inc. 101-431 101-431-4221-000 299.44 110956 #255 Tires Aspen Equipment Company 101-431 101-431-4240-000 237.62 110916 Pressure Test Kits Auto Nation Ford White Bear Lake 101-431 101-431-4300-000 371.90 110918 #386 Replace Outer Tie Rod Ends Alignment Safety Kleen Corporation Inc. 101-431 101-431-4300-000 50.42 110961 Parts Washer Service Solvent League of MN Cities Insurance Trust 101-431 101-431-4363-000 1,000.00 110939 #308 CSO Truck 5.12.19 Claim North Country Auto Body & Mechanical 101-431 101-431-4363-000 2,020.88 110948 #308 CSO Truck 5.12.19 Claim 101-431 Total 12,669.26 O'Reilly Automotive Stores 101-432 101-432-4211-000 53.52 110952 Stock Sprays Wipers & Wipes Inc. 101-432 101-432-4211-000 532.72 110963 Hardroll Paper Towels Household Roll Paper Menards - Forest Lake 101-432 101-432-4211-500 1,400.20 110944 Versa Tube Bldg Systems Dalco Inc. 101-432 101-432-4211-503 529.14 110925 Multi-Fold Towels Tissue Foam hand Wash Grainger 101-432 101-432-4211-503 124.44 110935 Fuse 25 AMP Anoka County Treasury Office 101-432 101-432-4300-500 75.00 110915 September Broadband Anoka County Treasury Office 101-432 101-432-4300-501 75.00 110915 September Broadband Interstate Power Systems Inc. 101-432 101-432-4300-502 977.36 110937 Generator Repairs Anoka County Treasury Office 101-432 101-432-4300-503 75.00 110915 September Broadband CenturyLink 101-432 101-432-4321-503 56.11 110922 Phone - Civic Complex Fire Protection Equipment NeoFunds by Neopost 101-432 101-432-4322-000 500.00 110911 Postage Machine Postage Xcel Energy 101-432 101-432-4381-501 778.37 110964 Electric-Fire Station #1 Xcel Energy 101-432 101-432-4381-502 1,830.74 110964 Electric-Fire Station #2 Xcel Energy 101-432 101-432-4381-503 5,554.70 110964 Electric-Civic Complex Metro Sales Incorporated 101-432 101-432-4410-503 123.13 110945 Copier Maintenance Contract Ricoh MP C307 101-432 Total 12,685.43 Medica 101-450 101-450-4131-000 2,516.69 110943 Health Insurance Premiums Lincoln National Life Ins Co 101-450 101-450-4133-000 83.84 110940 Disability Insurance Premiums Lincoln National Life Ins Co 101-450 101-450-4133-000 11.69 110941 Life Insurance Premiums Delta Dental of Minnesota 101-450 101-450-4134-000 229.31 110927 Dental Insurance Premiums Page 2 AP Checks by Account Number 09/09/2019 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Gerten Greenhouses & Garden Center Inc. 101-450 101-450-4211-000 232.60 110933 Quick Sun Mix Covergrow Pioneer Manufacturing Company Inc. 101-450 101-450-4211-000 570.00 110955 Maint. Supplies YTS Companies LLC 101-450 101-450-4211-000 1,600.00 110965 PlayStep & Double Grind Mulch DeGardner Richard 101-450 101-450-4330-000 38.28 110926 Mileage Xcel Energy 101-450 101-450-4381-000 166.75 110964 Electric-Parks Allied Blacktop Inc. 101-450 101-450-4410-000 6,384.00 110913 August Circle Trail Project Jimmy's Johnnys 101-450 101-450-4410-000 180.00 110938 Toilet Rental Sunrise Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 110938 Toilet Rental Clearwater Creek Jimmy's Johnnys 101-450 101-450-4410-000 60.00 110938 Toilet Rental City Hall Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 110938 Toilet Rental Marshan Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 110938 Toilet Rental Highland Meadows Jimmy's Johnnys 101-450 101-450-4410-000 60.00 110938 Toilet Rental Behm's Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 110938 Toilet Rental Lino Park Jimmy's Johnnys 101-450 101-450-4410-000 60.00 110938 Toilet Rental Birch Park 101-450 Total 12,433.16 Medica 101-451 101-451-4131-000 747.42 110943 Health Insurance Premiums Lincoln National Life Ins Co 101-451 101-451-4133-000 23.92 110940 Disability Insurance Premiums Lincoln National Life Ins Co 101-451 101-451-4133-000 3.26 110941 Life Insurance Premiums Delta Dental of Minnesota 101-451 101-451-4134-000 59.52 110927 Dental Insurance Premiums 101-451 Total 834.12 Lincoln National Life Ins Co 101-461 101-461-4133-000 7.56 110940 Disability Insurance Premiums Lincoln National Life Ins Co 101-461 101-461-4133-000 0.51 110941 Life Insurance Premiums Delta Dental of Minnesota 101-461 101-461-4134-000 15.44 110927 Dental Insurance Premiums 101-461 Total 23.51 Lincoln National Life Ins Co 101-462 101-462-4133-000 0.45 110941 Life Insurance Premiums Lincoln National Life Ins Co 101-462 101-462-4133-000 6.47 110940 Disability Insurance Premiums Delta Dental of Minnesota 101-462 101-462-4134-000 13.22 110927 Dental Insurance Premiums Girl Scouts River Valley 101-462 101-462-4410-000 260.00 110934 Waste Educator Reimbursement - Blue Heron Days 101-462 Total 280.14 Lincoln National Life Ins Co 101-463 101-463-4133-000 7.56 110940 Disability Insurance Premiums Lincoln National Life Ins Co 101-463 101-463-4133-000 0.51 110941 Life Insurance Premiums Delta Dental of Minnesota 101-463 101-463-4134-000 15.44 110927 Dental Insurance Premiums Gerten Greenhouses & Garden Center Inc. 101-463 101-463-4211-000 300.05 110933 Arborplugs Drill Bit Kit Clean-Jet 101-463 Total 323.56 Press Publications Inc. 201-203 201-203-4211-822 699.00 110957 Corn Roast Ad 201-203 Total 699.00 Minnesota Coaches Inc. 201-205 201-205-4211-890 776.62 110946 Bus for Senior National Eagle Center Trip 201-205 Total 776.62 DeGardner Richard 205-497 205-497-4211-000 39.09 110926 Subway for Volunteers & WEorkers USA Inflatables 205-497 205-497-4211-000 1,285.53 110962 Movie Screen for BHD USA Inflatables 205-497 205-497-4211-000 5,283.37 110962 Inflatables for BHD Jimmy's Johnnys 205-497 205-497-4410-000 180.00 110938 Weekend Toilet Rental Jimmy's Johnnys 205-497 205-497-4410-000 255.00 110938 Toilet Rental Lino Park BHD 205-497 Total 7,042.99 Olson's Sewer Service Inc. 424-499 424-499-4400-000 16,259.43 110950 Surface Water Maintenance Project 424-499 Total 16,259.43 Medica 601-494 601-494-4131-000 2,203.46 110943 Health Insurance Premiums Lincoln National Life Ins Co 601-494 601-494-4133-000 8.84 110941 Life Insurance Premiums Lincoln National Life Ins Co 601-494 601-494-4133-000 54.84 110940 Disability Insurance Premiums Delta Dental of Minnesota 601-494 601-494-4134-000 168.68 110927 Dental Insurance Premiums Core & Main LP 601-494 601-494-4211-000 4,155.32 110924 Meters Core & Main LP 601-494 601-494-4211-000 460.85 110924 Valve Parts Ferguson Waterworks #2518 601-494 601-494-4211-000 672.10 110929 Misc. Watermain Parts Grainger 601-494 601-494-4211-000 12.18 110935 Displacement Connector Grainger 601-494 601-494-4211-000 12.18 110935 Displacement Connector Core & Main LP 601-494 601-494-4215-000 85.00 110924 Meters Hawkins Inc. 601-494 601-494-4222-000 10,330.82 110936 Chlorine Cylinders Xcel Energy 601-494 601-494-4381-000 8,043.21 110964 Electric-Water 601-494 Total 26,207.48 Page 3 AP Checks by Account Number 09/09/2019 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Medica 602-495 602-495-4131-000 2,203.45 110943 Health Insurance Premiums Lincoln National Life Ins Co 602-495 602-495-4133-000 8.82 110941 Life Insurance Premiums Lincoln National Life Ins Co 602-495 602-495-4133-000 54.84 110940 Disability Insurance Premiums Delta Dental of Minnesota 602-495 602-495-4134-000 168.69 110927 Dental Insurance Premiums Olson's Sewer Service Inc. 602-495 602-495-4300-000 420.00 110950 Televised Main Sewer Lines - 1493 1501 1505 Pheasant Hills Cir. Ritter & Ritter Sewer Service Inc. 602-495 602-495-4300-000 9,550.00 110958 Clean Lift Stations Xcel Energy 602-495 602-495-4381-000 1,770.42 110964 Electric-Sewer 602-495 Total 14,176.22 Palma Anthony 801-000 801-000-2318-000 2,400.00 110953 Escrow Release - 6449 Blackberry Ct. Robeck Anthony & Marianne 801-000 801-000-2318-000 11,425.00 110959 Escrow Release - 7829 Meadow View Trail 801-000 Total 13,825.00 Grand Total 192,398.08 Page 4 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting September 9, 2019 Transfer In/(Out) 8/23/2019 Wire from 4M Fund (General Acct) 1,000,000.00 8/23/2019 Wire from 4M Fund (2018A Bond Acct) 500,000.00 8/23/2019 Payroll #15 (161,338.25) 8/23/2019 Payroll #15 Federal Deposit (45,926.50) 8/23/2019 Payroll #15 PERA (44,290.19) 8/23/2019 Payroll #15 State (10,892.76) 8/23/2019 Payroll #15 Child Support (570.70) 8/23/2019 Payroll #15 H.S.A. Bank Pretax (2,804.75) 8/23/2019 Payroll #15 TASC Pretax (883.43) 8/23/2019 Payroll #15 ICMA 457 Def. Comp #301596 (4,490.00) 8/23/2019 Payroll #15 ICMA Roth IRA #706155 (515.75) 8/23/2019 Payroll #15 MSRS HCSP #98946-01 (1,244.04) 8/23/2019 Payroll #15 MSRS Def. Comp #98945-01 (3,460.00) 8/23/2019 Payroll #15 MSRS Roth IRS #98945-01 (540.00) CITY COUNCIL WORK SESSION DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : August 26, 2019 4 TIME STARTED : 6:10 p.m. 5 TIME ENDED : 6:25 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Maher, 7 Manthey, Stoesz and Mayor Reinert 8 MEMBERS ABSENT : None 9 10 Staff members present: Public Safety Director John Swenson; Community Development 11 Director Michael Grochala; Finance Director Sarah Cotton; Public Services Director Rick 12 DeGardner; City Engineer Diane Hankee; City Clerk Julie Bartell 13 14 1. Review Regular City Council Agenda of August 26, 2019 15 Item 6A – 2019 Water Tower No. 3 Project, Accept Bids and Award Construction 16 Contract – City Engineer Hankee reviewed elements of the project, alternates for the 17 project, and the bid process/low bidder. She noted that Greg Johnson, WSB & 18 Associates, was present to answer specific questions. Completion is proposed for 19 August 2021. 20 Item 6B – East Cedar Street & 24th Avenue/Elmcrest Avenue North Improvement Project, 21 Reject bids and Authorize rebid – City Engineer Hankee explained that, in working with 22 the City of Hugo, the bid process brought in bids that were high. Staff is recommending 23 that the City concur with the city of Hugo in rejecting bids and setting up a rebid process 24 for next year. Staff anticipates savings related to doing so. Mayor Reinert asked if the 25 residents have been informed and Ms. Hankee explained, that with council approval, staff 26 intends to put out a mailing tomorrow. 27 Item 6C - Pavement Management Rating, Update – Community Development Director 28 Grochala said this is an annual process of rating streets. He added that staff is preparing 29 a map that will indicate work done since 2005. Council Member Stoesz asked to be 30 notified when the survey is to be done so he can pass that onto citizens. 31 The meeting was adjourned at 6:25 p.m. 32 33 These minutes were considered, corrected and approved at the regular Council meeting held on 34 September 9, 2019. 35 36 37 38 39 Julianne Bartell, City Clerk Jeff Reinert, Mayor 40 COUNCIL MINUTES DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : August 26, 2019 4 TIME STARTED : 6:30 p.m. 5 TIME ENDED : 7:08 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Maher, 7 Manthey, Stoesz and Mayor Reinert 8 MEMBERS ABSENT : 9 10 Staff members present: Community Development Director Michael Grochala; Finance Director 11 Sarah Cotton; Director of Public Safety John Swenson; Human Resources Manager Karissa 12 Bartholomew; City Engineer Diane Hankee and City Clerk Julie Bartell 13 14 PUBLIC COMMENT 15 16 No one was present to address the council regarding a matter not on the agenda. 17 18 SETTING THE AGENDA 19 20 The agenda was approved as presented. 21 22 SPECIAL PRESENTATION 23 24 Oath of Police Service – Police Officer Jacob Cree 25 Oath of Fire Service – Firefighters: Jesse Fronek, Luke Evens and Vincent Kasprowicz 26 Recognition of Police K9 - Justice 27 28 CONSENT AGENDA 29 30 Council Member Manthey moved to approve the Consent Agenda, Items 1A through 1D, as 31 presented. Council Member Stoesz seconded the motion. Motion carried on a voice vote. 32 33 ITEM ACTION 34 35 Consideration of Expenditures: 36 37 August 26, 2019 (Check No. 110808 through 110908) in 38 the Amount of $1,509,741.09 Approved 39 40 August 5, 2019 Council Work Session Minutes Approved 41 42 August 12, 2019 Council Work Session Minutes Approved 43 44 COUNCIL MINUTES DRAFT 2 August 12, 2019 City Council Meeting Minutes Approved 45 46 FINANCE DEPARTMENT REPORT 47 There was no report from the Administration Department. 48 49 ADMINISTRATION DEPARTMENT REPORT 50 3A) Consider Appointment of Environmental Coordinator – Human Resources Manager 51 Bartholomew reviewed the staff recommendation to approve the appointment of Thomas Hoffman to 52 the position of Environmental Coordinator. She reviewed Mr. Hoffman’s qualifications and 53 professional background. If approved Mr. Hoffman would start in the new position in mid-54 September. 55 Council Member Manthey moved to approve the appointment of Thomas Hoffman as recommended. 56 Council Member Maher seconded the motion. Motion carried on a voice vote 57 58 PUBLIC SAFETY DEPARTMENT REPORT 59 4A) Consider Authorization to sell Canine Justice to Officer Pete Noll – Public Safety Director 60 Swenson reviewed his recommendation that the Police Department be authorized to sell retiring K9 61 Justice to his handler, Officer Pete Noll. 62 Council Member Maher moved to approve the sale of Canine Justice as recommended. Council 63 Member Rafferty seconded the motion. Motion carried on a voice vote 64 65 PUBLIC SERVICES DEPARTMENT REPORT 66 There was no report from the Public Services Department. 67 68 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 69 70 6A) Consider Resolution No. 19-107, Accepting bids, Awarding a Construction Contract, 2019 71 Water Tower No. 3 Project – City Engineer Hankee reported on the history of this new water tower 72 project coming forward. Ms. Hankee reviewed elements of the project, alternates for the project, and 73 the bid process/low bidder. The recommendation is to approve the base bid. She noted that Greg 74 Johnson, WSB & Associates, was present to answer specific questions. Construction oversight 75 services are also proposed. Completion is proposed for August 2021. 76 77 Mayor Reinert confirmed the amount of the engineer’s original estimate compared to the proposed 78 cost. 79 80 At the Mayor’s request, Ms. Hankee explained how a water tower project is funded. Water towers 81 serve the entire community so when new infrastructure is done by the City as part of development, 82 trunk charges occur and they are used for trunk improvements in the water and sanitary systems. 83 84 COUNCIL MINUTES DRAFT 3 Council Member Stoesz asked if it would be appropriate to plan for a fence around the tower. Ms. 85 Hankee said her understanding is that fences are installed where specifically needed, based on City 86 direction. 87 88 Council Member Manthey asked if the ground work around the water tower (for future park 89 development) will be done next year? Ms. Hankee said timing on that work is yet to be determined. 90 Council Member Manthey moved to approve Resolution No. 19-107 as presented. Council Member 91 Stoesz seconded the motion. Motion carried on a voice vote; Council Member Rafferty abstained. 92 6B) Consider Resolution 19-106, Rejecting Bids and Authorizing Rebid for 2020 Construction, 93 East Cedar Street & 24th Avenue/Elmcrest Avenue North Improvement Project – City Engineer 94 Hankee noted that bids were received on this joint project planned with the City of Hugo. The bids 95 received were substantially over the estimate. Staff proposes that the project be rebid next year and 96 savings are anticipated. 97 Mayor Reinert noted that the City remains committed to the project. Staff was directed to give appropriate 98 notice to impacted residents. 99 Council Member Maher moved to approve Resolution No. 19-106 as presented. Council Member 100 Manthey seconded the motion. Motion carried on a voice vote. 101 6C) Consider Resolution No. 19-108, Authorizing Update of Pavement Management Ratings – 102 Community Development Director Grochala explained that it is normal procedure for the City to have 103 an engineer look at twenty-five percent of the City’s streets each year to identify status and plan for 104 necessary work. A contract for that work is proposed. 105 The council discussed the importance of the pavement management program and the rising amount of 106 funds that have been dedicated to improving City roadways. 107 Council Member moved to approve Resolution No. 108 as presented. Council Member seconded the 108 motion. Motion carried on a voice vote. 109 110 UNFINISHED BUSINESS 111 112 There was no Unfinished Business. 113 114 NEW BUSINESS 115 116 There was no New Business. 117 118 COMMUNITY CALENDAR 119 120 Community Calendar – A Look Ahead 121 August 26, 2019 through September 9, 2019 122 Wednesday, August 28 6:30 pm, Council Chambers Environmental Board 123 Tuesday, September 3 6:00 pm, Community Room Council Work Session 124 COUNCIL MINUTES DRAFT 4 Tuesday, September 3 6:30 pm, Council Chambers Park Board 125 Thursday, September 5 8:00 am, Community Room EDAC 126 Monday, September 9 6:30 pm, Council Chambers City Council Meeting 127 128 ADJOURN 129 130 There being no further business, Council Member Rafferty moved to adjourn at 7:08 p.m. Council 131 Member Maher seconded the motion. Motion carried. 132 133 These minutes were considered and approved at the regular Council Meeting on September 9, 2019. 134 135 136 137 138 Julianne Bartell, City Clerk Jeff Reinert, Mayor 139 140 CITY COUNCIL WORK SESSION DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : August 26, 2019 4 TIME STARTED : 5:00 p.m. 5 TIME ENDED : 6:05 p.m. 6 MEMBERS PRESENT : Council Member Rafferty, Maher, 7 Manthey, Stoesz and Mayor Reinert 8 MEMBERS ABSENT : None 9 10 Staff members present: City Administrator Jeff Karlson; Public Safety Director John 11 Swenson; Community Development Director Michael Grochala; Finance Director Sarah 12 Cotton; Public Services Director Rick DeGardner; City Clerk Julie Bartell 13 14 2020 Budget Consideration – City Finance Director Cotton noted that at the last budget 15 work session the council expressed a desire to reduce the proposed levy increase to 8%. 16 Staff has proposed a list of reductions to that end (included in written staff report). The 17 proposed budget cuts were reviewed line by line. Comments as follows: 18 19 Government Buildings & Fleet Insurance – Director Cotton said, based on renewal 20 quotes, she’s comfortable these reductions are appropriate. 21 22 Forestry – Community Development Director Grochala remarked that staff had bumped 23 up the budget $5,000 for EAB but that will not necessarily be needed; there may be grant 24 funds coming in the future as well. 25 26 Pavement Management – Community Development Director Grochala said there was a 27 proposed increase of 11% to the pavement management budget but this reduction would 28 bring it back to this year’s level. 29 30 Parks Professional Services – Public Services Director DeGardner said the funding cut 31 would mean any new projects would not have engineering services funding available. 32 Council Member Rafferty asked staff to ensure that necessary funding is still budgeted for 33 Baldwin Lake Park (and Woods Edge Park also mentioned). Director DeGardner 34 explained that the planning funds are included in the 2019 budget; the cost of park 35 construction would be tied to park dedication fees associated with the proposed 36 Lyngblomsten project. Mr. DeGardner also discussed the $12,000 reduction in 37 Contracted Services; those funds were proposed as an increase for trail maintenance 38 activities mainly related to repair and replacement needs. 39 40 Police – Personnel Services- Public Safety Director Swenson said the reduction of 41 $90,717 removes both new positions proposed in the budget. He explained the reason 42 those positions were proposed. Council Member Rafferty asked if current non-sworn 43 staff is available for the work and Director Swenson explained what is currently being 44 done by that staff. 45 CITY COUNCIL WORK SESSION DRAFT 2 46 Fire – Capital Outlay – Public Safety Director Swenson noted that the reduction of 47 $18,200 would delay for one year replacement of the hose and nozzles on Aerial 11 48 (believed to be approaching 20 years old). The council discussed the proper life of that 49 type of fire equipment. 50 51 Director Cotton mentioned that staff is proposing the transfer of an additional $100,000 52 from the Closed Bond Fund. The results of the proposed reductions and that transfer 53 would result in an overall 7.99% increase in the preliminary tax levy and a reduction in 54 the tax capacity rate as noted in the written staff report. 55 56 Mayor Reinert asked the Finance Director to review the City’s fiscal disparities position. 57 Ms. Cotton displayed her preliminary figures for that area of the budget. The City has 58 always been a receiver but for the first time this year that would change to a position 59 where the City contributes. Mayor Reinert asked staff if that trend will continue and Ms. 60 Cotton said she expects it to remain where it is for a while; affect is tied to commercial 61 industrial development. 62 63 Mayor Reinert commented: 64 a) he doesn’t like the reduction in Pavement Management because that’s an 65 important program that is working; 66 b) what is the contingency for 2019 (it is $75,000 and has been used to about 67 half); the contingency for proposed 2020 is $75,000; 68 c) why has the Finance Department gone up in the past few years; Ms. Cotton 69 explained that the service contract with Metro INetet is the biggest driver and in general 70 the City’s IT footprint is getting a lot greater (surveillance cameras added, body worn 71 policy cameras, additional Laserfiche licenses, additional hiring at Metro INet); she is 72 also asking for a $3,500 vendor package to assist with certain technology expansion as 73 well as an increase in the Springbrook finance system contract; 74 d) the building inspections area increasing; Director Grochala noted the addition 75 of a third inspector and when the mayor suggested that increase was related to storm 76 damage in the past, Mr. Grochala explained the inspections are now related to new homes 77 and that is more work. 78 e) increase in fleet management; Director DeGarder noted that the increase is 79 100% fuel consumption related. There was discussion about the addition of fire 80 equipment to the fleet costs 81 82 Council Member Stoesz suggested that it would be more transparent to have all IT in one 83 area and Ms. Cotton responded that is something she will look at for 2021; 84 85 Recreation Fund (decrease) – Director DeGardner said there was a reduction in recreation 86 staff. Council Member Stoesz asked if an alignment with YMCA would make sense and 87 Mr. DeGardner said there have been discussions on that topic and they will continue but 88 there are some areas that don’t mesh because the YMCA is membership based. 89 90 CITY COUNCIL WORK SESSION DRAFT 3 Council Member Stoesz remarked that the 12th Street trail is an important budget item for 91 him. He is interested in looking at street lighting and possible savings in that area. 92 93 Council Member Maher noted her concern about cutting the additional police officer 94 position. Mayor Reinert mentioned that the position was proposed for the very end of the 95 year and he will be thinking about upcoming development and police needs. 96 97 Council Member Rafferty said he sees good headway made but he will continue to review 98 the budget. He mentioned upcoming labor contracts and would like to discuss 99 expectations in that area. 100 101 Ms. Cotton said the health insurance rates are not yet clear but may be before the 102 preliminary consideration. 103 104 Mayor Reinert said he will be continuing his review of the budget and expects to have 105 another meeting. 106 107 Kelly Gunderson, 135 Ulmer Drive, noted the 12th Avenue trail; what’s the difference 108 between the amount originally funding and not proposed. Mr. DeGardner explained that 109 there are three funding sources that will be used for the trail so other sources will make up 110 the difference. 111 112 Ms. Gunderson also suggested that the City’s Pavement Management Plan is funded 113 lightly and she believes that road management is very important to residents. She noted 114 her area of Sunrise Park and the problems with the streets in that area. As a citizen she is 115 concerned those streets (and others in the City) will reach a difficult situation of disrepair 116 before the Plan calls for reconstruction. Mayor Reinert explained how the pavement 117 budget has been increased during his time on the council. Director Grochala suggested 118 that storm water is a big issue in the Sunrise Park area; now staff is trying to come up 119 with an interim process to match what’s needed. Ms. Gunderson remarked that many 120 residents are replacing septic systems so they will not be interested in street 121 reconstruction; perhaps a mill and overlay for a decade is a best solution. 122 123 The council will have the next budget discussion as part of the September 3rd work 124 session. 125 126 The meeting was adjourned at 6:05 p.m. 127 128 These minutes were considered, corrected and approved at the regular Council meeting held on 129 September 9, 2019. 130 131 132 133 134 Julianne Bartell, City Clerk Jeff Reinert, Mayor 135 CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR: MEETING DATE: TOPIC: Michael Grochala, Community Development Director September 9, 2019 Intent to Bond Consideration of Resolution No. 19-109, Declare Intent to Reimburse from Bond Proceeds, Water Tower No. 3 and Utility Improvements. VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council approval to declare the City’s intent to reimburse itself from bond proceeds for the proposed 2019 Water Tower No. 3 Project. BACKGROUND On January 22, 2019 the City Council authorized the preparation of plans and specifications for the Water Tower No. 3 Improvement Project. The project The project includes construction of a new 1.5 million gallon water tower. The estimated project cost is $4,700,000. The project will be financed by Utility Revenue Bonds. The Internal Revenue Code requires cities to declare their intent to reimburse project costs incurred prior to receipt of bond proceeds. Preliminary expenditures such as architectural, engineering, surveying, bond issuance, and similar costs are exempt from this provision. Approval of the Intent to Bond resolutions does not obligate the City issue bonds. RECOMMENDATION Staff is recommending adoption of Resolutions No. 19-109. ATTACHMENTS 1.Resolution No. 19-109 CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 19-109 DECLARING THE OFFICIAL INTENT OF THE CITY OF LINO LAKES TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY (Water Tower No. 3 Improvements) WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the “Reimbursement Regulations”) providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City expects to incur certain expenditures that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a tax-exempt bond; WHEREAS, the City has determined to make this declaration of official intent (“Declaration”) to reimburse certain costs from proceeds of bonds in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES AS FOLLOWS: 1. The City proposes to undertake trunk utility improvements to construct a 1.5 Million Gallon Water Tower (the “Project”). 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of bonds in an estimated maximum principal amount of $4,700,000. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations. 3. This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) “preliminary expenditures” up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the project for which the preliminary expenditures were incurred. The term “preliminary expenditures” includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction. 4. This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the bonds described in paragraph 2 are consistent with the City’s budgetary and financial circumstances. No sources other than proceeds of bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside pursuant to the City’s budget or financial policies to pay such Project expenditures. 5. This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. Adopted by the Council of the City of Lino Lakes this 9th day of September, 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 1 CITY COUNCIL AGENDA ITEM 1G STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: September 9, 2019 TOPIC: Consider Resolution No. 19-114 Approving Extension of the PUD Final Plan/Final Plat Submittal for Nature’s Refuge VOTE REQUIRED: 3/5 INTRODUCTION Preferred Builders, Inc. is requesting a 6 month extension of the PUD Final Plan/Final Plat submittal for Nature’s Refuge. BACKGROUND Nature’s Refuge is a 61 lot single family residential subdivision located north of Main Street and west of Lino Lakes Elementary School. On June 25, 2018, the City Council passed Resolution No. 18-70 approving the PUD Development Stage Plan/Preliminary Plat. Per Section 1007.024(6)(h)7: Unless a Final Plan covering the area designated in the Development Stage Plan as the first stage of the PUD has been filed within one (1) year from the date the City Council grants Development Stage Plan approval, or in any case where the applicant fails to file Final Plans and to proceed with development in accordance with the provisions of this Ordinance and/or an approved Development Stage Plan, the approval shall expire. The City Council may at its discretion extend for six month intervals the filing deadline for any Final Plan when, for good cause shown, such extension is necessary. Per Section 1001.055(2): A complete application for final plat shall be submitted no later than one year after the date of approval of the preliminary plat, or a time as provided in the developer's agreement. Otherwise, the preliminary plat approval shall be considered void, unless an extension is requested in writing and for good cause, is granted by the City Council. Preferred Builders, Inc. is finalizing details regarding HOA documents and wetland management plans. They are requesting a 6 month extension to December 25, 2019 to submit a complete land use application for the PUD Final Plan/Final Plat. RECOMMENDATION Staff recommends approval of a 6 month extension to December 25, 2019 for the PUD Final Plan/Final Plat submittal of Nature’s Refuge. 2 ATTACHMENTS 1. Resolution No. 19-114 1 CITY OF LINO LAKES RESOLUTION NO. 19-114 RESOLUTION APPROVING EXTENSION OF THE PUD FINAL PLAN/FINAL PLAT SUBMITTAL FOR NATURE’S REFUGE WHEREAS, review and approvals of plats are governed by Minnesota Statutes and City of Lino Lakes ordinances; and WHEREAS, on June 25, 2018 the City passed Council Resolution No. 18-70 approving the PUD Development Stage Plan/Preliminary Plat for a residential subdivision called Nature’s Refuge; and WHEREAS, Section 1007.024(6)(h)7 states unless a Final Plan covering the area designated in the Development Stage Plan as the first stage of the PUD has been filed within one (1) year from the date the City Council grants Development Stage Plan approval, or in any case where the applicant fails to file Final Plans and to proceed with development in accordance with the provisions of this Ordinance and/or an approved Development Stage Plan, the approval shall expire. The City Council may at its discretion extend for six month intervals the filing deadline for any Final Plan when, for good cause shown, such extension is necessary; and WHEREAS, Section 1001.055(2) states a complete application for final plat shall be submitted no later than one year after the date of approval of the preliminary plat, or a time as provided in the developer's agreement. Otherwise, the preliminary plat approval shall be considered void, unless an extension is requested in writing and for good cause, is granted by the City Council; and WHEREAS, Preferred Builders, Inc. has requested a 6 month submittal extension while they finalize HOA documents and wetland management plans. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes, the PUD Final Plan/Final Plat for Nature’s Refuge shall be submitted by December 25, 2019 unless an additional extension is granted by the City Council. Adopted by the Council of the City of Lino Lakes this 9th day of September 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 1H STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: September 9, 2019 TOPIC: Consider Approval of Resolution No. 19-115, Approving a Premise Permit Application from White Bear Lake Hockey Association to conduct Charitable Gambling at Fiesta Cancun Restaurant VOTE REQUIRED: 3/5 INTRODUCTION An application for a premises permit has been submitted from the White Bear Lake Hockey Association by Christine Olson the Gambling Manager. The applicant requests permission for White Bear Lake Hockey Association to conduct charitable gambling at the Fiesta Cancun Restaurant located at 7090 21st Avenue North. BACKGROUND The application is complete. The Lino Lakes Public Safety Department has conducted a background investigation relative to this application and found no information on the applicant to deny the application. Minnesota Lawful Gambling law requires that the local unit of government approve applications for a premise permit before they are submitted to the Gambling Control Board for final consideration. Therefore, the City Council is being asked to consider approval of a resolution approving the application submitted by the White Bear Lake Hockey Association. RECOMMENDATION Approve Resolution No. 19-115, approving a premise permit application from the White Bear Lake Hockey Association to conduct charitable gambling at the Fiesta Cancun Restaurant located at 7090 21st Avenue North. ATTACHMENT Resolution 19-115 CITY OF LINO LAKES RESOLUTION NO. 19-115 LOCAL APPROVAL OF A LAWFUL GAMBLING PREMISES PERMIT FOR FIESTA CANCUN RESTAURANT WHEREAS, the Lino Lakes City Council has received a request from White Bear Lake Hockey Association for a lawful gambling premise permit to conduct gambling (pull tabs, tip board, paddlewheel) at Fiesta Cancun Restaurant located at 7090 21st Avenue North. WHEREAS, the Minnesota Gambling Control Board requires the City of Lino Lakes to submit a resolution to the City Council approving the premises permit application; and WHEREAS, the Public Safety Department has conducted a background investigation and found no reason to deny; and WHEREAS, the White Bear Lake Hockey Association is in compliance with Chapter 611 of the Lino Lakes City Code relating to Lawful Gambling; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes hereby approves the request of the White Bear Lake Hockey Association for a Premise Permit for Charitable Gambling at Fiesta Cancun Restaurant located at 7090 21st Avenue North. Adopted by the Council of the City of Lino Lakes this 9th day of September, 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 ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 1I STAFF ORIGINATOR: Sarah Cotton, Finance Director MEETING DATE: September 9, 2019 TOPIC: Resolution No. 19-118, Adopting Revised Private Activity Tax- Exempt Financing Guidelines VOTE REQUIRED: Simple Majority BACKGROUND In August of 2005, the City Council adopted Private Activity Tax-Exempt Financing Guidelines. The YMCA had approached the City of Lino Lakes with a request to utilize private activity revenue bonds to finance a portion of their Lino Lakes facility. At the time, it came to light that the City did not have any guidelines in place for this type of financing. Staff worked with Springsted, Inc. and Kennedy and Graven, to write a set of guidelines to establish criteria under which the City would allow this type of financing and set forth fees for such activity. In 2018, the City granted host approval on the issuance of a note by the City of Columbia Heights to finance the construction of the Love to Grow on facility in Lino Lakes and the issuance of a note by the City of Falcon Heights to finance, in part, a senior living campus in Lino Lakes. The City of Lino Lakes was not the issuer of these two notes; however, was required to grant host approval to the issuance of the notes as the properties were physically located within the boundaries of Lino Lakes. During the discussion regarding granting host approval on these two projects, the City Council expressed a desire to update the city’s policy, so that the city was a in a position to consider tax exempt financing as a tool to facilitate future economic development within the community. Staff worked with Julie Eddington, Kennedy and Graven, to prepare the suggested revisions to the guidelines. The City Council reviewed the revisions at the September 3, 2019 City Council Work Session. RECOMMENDATION Staff recommends that the revised guidelines be established by resolution. Resolution No. 19- 118 adopts revised private activity tax-exempt financing guidelines for the City that will apply to any future requests for financing. ATTACHMENTS Resolution No. 19-118 Revised Private Activity Tax-Exempt Financing Guidelines CITY OF LINO LAKES RESOLUTION NO. 19-118 ADOPTING REVISED PRIVATE ACTIVITY TAX-EXEMPT FINANCING GUIDELINES WHEREAS, under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Sections 469.152 to 469.1651 (the “industrial Development Act”), the City of Lino lakes, Minnesota has the authority to issue revenue bonds or notes to attract or promote economically sound industry and commerce to the City, including the development of facilities by qualified 501(c)(3) organizations; and WHEREAS, under Minnesota Statutes, Chapter 462C (the “Housing Act”) the City is authorized to issue housing revenue bonds to finance multi-family residential housing projects for low and moderate income persons and elderly persons; and WHEREAS, the City Council is aware that such financing for certain private activities may be of benefit to the City and will consider requests for tax exempt financing subject to such state statutes; and WHEREAS, the City Council considers tax exempt financing to be a privilege, not a right; and WHEREAS, it is the judgment of the City council that tax exempt financing is to be used on a selective basis to encourage certain development that offers a benefit to the City as a whole; and WHEREAS, the City Council of the City of Lino Lakes (the “City) adopted Tax-Exempt Financing Guidelines on August 8, 2005; and WHEREAS, the City has determined that it is necessary and appropriate to adopt revised guidelines. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Lino Lakes approves the revised Private Activity Tax-Exempt Financing Guidelines in the attached Exhibit A. Adopted by the Council of the City of Lino Lakes this 9th day of September, 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 607378v1LN140-121 Exhibit AAugust 18 Draft Revisions LINO LAKES, MINNESOTA PRIVATE ACTIVITY TAX -EXEMPT FINANCING GUIDELINES AUGUSTAdopted August 8, 2005 Revised September __, 2019 607378v1LN140-121 Lino Lakes, Minnesota Private Activity Tax-Exempt Financing Guidelines PART I GENERAL Under the Minnesota Municipal Industrial development Act, Minnesota Statutes, Sections 469.152 to 469.1651 (the “Industrial Development Act”), the City of Lino Lakes, Minnesota has authority to issue revenue bonds or notes to attract or promote economically sound industry and commerce to the City, including the development of facilities by qualified 501(c)(3) organizations. Under Minnesota Statutes, Chapter 462C (the “Housing Act”) the City is authorized to issue housing revenue bonds to finance multi-family residential housing projects for low and moderate income persona and elderly persons. The City Council is aware that such financing for certain private activities may be of benefit to the City and will consider requests for tax exempt financing subject to these Guidelines. The City Council considers tax exempt financing to be a privilege, not a right. It is the judgment of the City Council that tax exempt financing is to be used on a selective basis to encourage certain development that offers a benefit to the City as a whole, including employment and housing opportunities. It is the applicant’s responsibility to demonstrate the benefit to the City. The applicant should understand that although approval may have been granted by the City for the issuance of financing for a similar project or a similar debt structure that is not a basis upon which approval will be granted. Each application will be judged on the merits of the project as it relates to the public purposes of the Housing Act or the Industrial Development Act and the benefit to the City at the time the request for financing is being considered. 607378v1LN140-121 PART II GUIDELINES 1. The City Council will consider tax exempt financing for manufacturing and health care facilities, and other facilities operated by qualified 501(c)(3) organizations, under the Industrial Development Act; and housing projects under the Housing Act. An applicant for tax-exempt financing pursuant to the Industrial Development Act must submit to the City the application contained in Part IV of these Guidelines. 2. The project must be a positive benefit to the City. The project must be of a nature that the City wishes to attract, or an existing business which the City wishes to retain or expand within the City, considering employment opportunities, incentive for further development, impact on City services, and support for the industrial, commercial or health care operations currently located in the City. A housing project must provide significant housing opportunities for low and moderate income persons or the elderly. 3. The City Council will, if requested, grant an applicant a pre-application review. The purpose of the pre-application review is to inform applicants of the possibility of rejection or the possible basis for such a rejection. The fact that the project is not rejected at the pre-application stage is not to be construed as approval of the project or as an indication that the project will be approved upon formal request to the Council. Requests for tax-exempt financing may be rejected by the City whether or not the project was submitted to a pre-application review and regardless of the outcome or recommendation of that pre-application review. A request for pre-application review must be in writing, addressed to the City Finance Director, and set forth the name of the project, the type of project intended and the name, address and telephone number of the person who will be representing the applicant at the pre-application review, together with such additional information as the applicant desires to submit. The City will appoint bond counsel for the bond issue, which will normally be the City’s regularly retained bond counsel. 4. Pursuant to the Industrial Development Act and the Housing Act, consideration of an application for tax exempt financing must be done at a public hearing held by the Board, unless federal and state law allow for the issuance of bonds without a public hearing. 5. The City is to be reimbursed and held harmless for and from any out-of-pocket expenses related to the tax-exempt financing including, but not limited to, legal fees, financial advisor fees, bond counsel fees, the City’s expenses in connection with the application, and any deposits or application fees required under state law in order to secure allocation of bonding authority. A non-refundable application fee in the amount of $2,500 must be included with the submission of the application. 607378v1LN140-121 Prior to closing and delivery of the bonds for the project, the applicant must pay to the City, or commit to pay, as the case may be, a one-time administrative fee equal to 1.0% of the principal amount of the bond issue amount. Notwithstanding anything to the contrary herein, the administrative fees required by this paragraph will be reduced to the extent needed to ensure that the fee does not affect the tax-exempt status of the bonds under Internal Revenue Code of 1986, amended and related regulations. 6. Should the tax exempt financing request cause the City’s total bonding for the year to exceed $10,000,000 in a year that the City would otherwise be eligible to issue bank qualified bonds, (bonds with tax incentives to banks), any interest rate differential between bank qualified and non-bank qualified bonds shall be estimated and the difference paid by the borrower. If the City would have exceeded this amount without the tax-exempt issue, no differential would be calculated or paid by the borrower. 7. Applications for financing must be made on the forms attached to these Guidelines. In addition, the applicant must furnish a description of the project, together with a brief description of applicant and the proposed financing in such form as required at the time of application. 8. The City may, in its sole discretion, withdraw its preliminary approval of a project any time if in its judgment the purposes of the Act will not be served by going forward with the project and it’s financing. 9. The City may, in its sole discretion, reduce the administrative fee in cases where the borrower’s request is related to a partnership with the City and/or provides a public service benefit to the community as a whole. 607378v1LN140-121 PART III MISCELLANEOUS MATTERS 1. Ratings. The City will give its most favorable consideration to proposed tax-exempt bond issues that have the sameobtained a credit rating as the City’s obligations by Moody’s Investment Service or Standard & Poor’s Corporation. Issues carrying lower ratings or non-rated issues may be sold only to institutional or other investors on a private placement basis andor private placements. Bonds must be sold in denominations of at least $100,000. The City Council may depart from this guideline when, in its judgment, the project is of a level of merit and public purpose to justify the departure; and in case of such a departure, the City Council must state its reasons therefore in the resolution awarding the sale of bonds.5,000. 2. Refundings. The City Council will normally approve the refunding of a tax-exempt issue but only upon a showing by the applicant of (i) substantial debt service savings, (ii) the removal of bond covenants significantly impairing the financial feasibility of the project, or (iii) both (i) and (ii). In the case of refunding of bonds for which the administrative fee listed in paragraph 65 of Part II have been paid in full, no new administrative fees are required; but the non-refundable application fee must be paid together with all City expenses in excess of that fee. If any fees related to the initial bond issue have not been paid, such fees must be paid in full prior to closing the refunding bonds. 3. Subsequent Proceedings. Where changes to the underlying documents or credit facilities of outstanding bond issues are to be made and require Council action (including changes that are a “deemed reissuance” under Internal Revenue Service regulation), no administrative fee is charged but a non-refundable fee of $2,000 must be deposited with the City to cover administrative costs. No formal application form is required. 4. Issue by Another Political Subdivision. The City will consider requests for tax exempt financing of projects in the City by other political subdivisions. In these cases the non- refundable application fee must be paid and all procedures through the approval of the preliminary resolution followed. No administrative fee is charged. At the Council’s discretion, all or part of the application may be waived if there are offsetting benefits resulting from this financing. 5. City Contact. Initial contacts about tax exempt financing are made by contacting: City Finance Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 (651) 982-2410 6. Deadlines. The City Council conducts all tax-exempt financing matters at regularly scheduled City Council meetings held on the second and fourth Mondays of each month. Documents for City Council consideration must be at the City office no later 607378v1LN140-121 than the Friday 10 days prior to next regular Council meeting at which the matter is to be considered. In the case of a publicly offered bond issue, the documents, when submitted, may specify a maximum price and maximum effective interest rate if prices and rates have not yet been established. 607378v1LN140-121 PART IV CITY OF LINO LAKES, MINNESOTA APPLICATION FOR TAX EXEMPT FINANCING (Commercial, Industrial, Educational or Health Care) 1. APPLICANT a. Business Name – b. Business Address – c. Business Form (corporation, partnership, sole proprietorship, etc.) d. Authorized Representative – e. Principal contact person and telephone number – 2. PURPOSE OF REQUESTED FINANCING – a. New Facility (describe) – b. Expansion (describe) – c. Refunding (attach explanatory letter) 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC. 4. ESTIMATED SOURCES AND USESPROJECT COSTS: (Not required for refunding) SOURCES: Bond proceeds $ Cash Other Loans _______________ Total Sources 607378v1LN140-121 USES: Land $ Building Equipment Architectural, Engineering Cost of Issuance Capitalized Interest Other _______________ Total Uses 5. TOTAL FINANCING REQUESTED $_________________ (_______% of project costs) 6. TYPE OF FINANCING PROPOSED: Bonds _____ Tax-Exempt Mortgage _____ Expected Term of Financing _____ Years Security: Mortgage _____ Letter of Credit _____ Guaranty (third party) _____ Guaranty (personal) _____ Unsecured _____ Other (specify) _____ 7. BUSINESS PROFILE: (Not required for refunding) a. Is the business located within City Boundaries? b. Number of employees within the City of Lino Lakes geographic boundaries i. Before this project – ii. After this project – c. Approximate annual sales – d. Length of time in business – e. Length of time in City f. Do you have business operations in other locations? If so, where? 8. NAMES OF: a. Underwriter (name and contact person) – 607378v1LN140-121 b. Corporate Counsel – c. Underwriter’s Counsel – 9. WHAT IS YOUR TARGET DATE FOR: a. Construction start – b. Construction completion – 10. ATTACHMENTS: a. Project description materials – b. Draft resolution calling for public hearing – c. Notice of public hearing – d. Draft of preliminary resolution e. Draft application to Department of Trade and Economic Development – __________ necessary attachments b. f. Financial feasibility letter – g. Preliminary bond counsel opinion – c. h. Initial filing fee (to be set by City Council) – d. i. Indemnification Letter of Agreement The applicant further states that it has been furnished a copy of the City of Lino Lakes’s Private Activity Tax Exempt Financing Guidelines and is aware of its content and agrees to be bound by its terms and the terms of the indemnification letter. Applicant BY DATE For further information, contact: City Finance Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 (651) 982-2410 607378v1LN140-121 PART VI INDEMNIFICATION LETTER OF AGREEMENT City of Lino Lakes Mayor And Members of the Council RE: Application of _______________ for Tax Exempt Revenue Bond Financing by the City of Lino Lakes Dear Mayor and City Council Members: This letter of agreement is given by ____________________, a _______________ under the laws of Minnesota (“Applicant”) as required by the City of Lino Lakes in connection with its consideration of an application for tax-exempt revenue bond financing for the project described in the application. Applicant hereby covenants, warrants and agrees as follows: 1. Applicant agrees to pay or reimburse the City for any and all costs and expenses which the City may incur in connection with its consideration of the project and the granting of tax-exempt revenue bond financing therefore, whether or not the project is preliminarily approved by the City, whether or not the project is approved by the State of Minnesota, whether or not revenue bond financing is finally approved by the City, whether or not the bonds are issued and sold, and whether or not the project is carried to completion. 2. Applicant agrees to indemnify and hold the City, its officers, employees and agents harmless against any and all losses, claims, damages, expenses or liabilities, including attorneys fees incurred in their defense, to which the City, its officers, employees and agents may become subject in connection with the City’s consideration, issuance or sale of the bonds for Applicant’s project and the carrying out of the transactions contemplated by this agreement and any resolutions adopted, or agreements executed by the City in connection with the issuance of its bonds for this project. 3. Applicant here by releases the City, its officers, agents and employees from any claims, causes of action, losses, damages, or liabilities which it may have against the City, its officers, agents, and employees or which it may incur in connection with: the City’s consideration of the application for industrial development revenue bond financing for Applicant’s project; the failure of the City, in its discretion, to issue tax exempt revenue bonds for Applicant’s project; the issuance and sale of the bonds; the construction of the project; or any other matter or thing of any type or nature whatsoever which may arise in connection with the foregoing. 4. Applicant is aware of the City’s application and administrative fee structure for tax exempt financing and agrees and covenants that all such fees will be paid in the amount and at the times required. 5. Applicant understands and acknowledges that Minnesota Statutes, Chapter 13 (Minnesota Government Data Practices Act) governs whether the information that you provide to the City is public or private. If financial assistance is provided, the information submitted in connection with your application may become public, except for those items treated as private data under the Minnesota Government Data Practices Act. 607378v1LN140-121 Dated: (Applicant) By Its Document comparison by Workshare Compare on Sunday, August 18, 2019 1:07:05 PM Input: Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 15 Deletions 19 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 34 CITY COUNCIL AGENDA ITEM 1J STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: September 9, 2019 TOPIC Consider Resolution No. 19-116, Authorizing Issuance of a Special Event Permit for Waldoch Farm, Inc. Pumpkin Patch and Corn Maze VOTE REQUIRED: 3/5 INTRODUCTION City Code Chapter 615 are the City’s regulations regarding special events. The purpose of these regulations is to protect the health, safety, and welfare of citizens by regulating time, place and manner of conduct by establishing permit requirements. The City charges a $50 fee for special event permits. BACKGROUND The City has received an application from Waldoch Farm, Inc. to hold a special event on their property September 21 through October 31. This is their sixth annual event. Since food is involved, a condition is being attached to Waldoch Farms permit requiring them to contact Anoka County Environmental Services for approval. The Public Safety Department reviewed the application and signed off on the permit with conditions. Administrative staff has reviewed the application and also signed off on the permit with one exception. Waldoch Farm’s has requested use of Elbe Street as an exit during the event. The plans for use of Elbe Street are still under review and will come before the Council on Monday, September 23. RECOMMENDATION Staff recommends that the council approve Resolution No. 19-116, Authorizing issuance of a Special Event Permit. ATTACHMENTS Resolution No. 19-116 Event Map CITY OF LINO LAKES RESOLUTION NO. 19-116 APPROVING A SPECIAL EVENT PERMIT FOR WALDOCH FARM, INC. PUMPKIN PATCH AND CORN MAZE WHEREAS, Doug Joyer, Assistant Grower/Field Manager/Beekeeper of Waldoch Farm, Inc. has submitted an application for a special event permit; and WHEREAS, Waldoch Farm’s wishes to hold the sixth annual Pumpkin Patch/Corn Maze with attractions to bring citizens to their farm. All activities will be located on their property; and WHEREAS, the Pumpkin Patch/Corn Maze would be held daily September 21 through October 31 from 10:00 a.m. to 7:00 p.m.; and WHEREAS, Waldoch Farm’s is required to contact the Anoka County Environmental Services at 763-442-7069 to sell food; and WHEREAS, Waldoch Farm’s has submitted detailed plans to set up and operate the activities, including adequate parking plans; and WHEREAS, Waldoch Farm’s has submitted a plan to use Elbe Street as an exit during the event. The plan for this is under review and will come before the Council on Monday, September 23; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: That the City Council hereby authorizes the issuance of a Special Event Permit to Waldoch Farms, Inc. to be held daily September 21 through October 31. Adopted by the Council of the City of Lino Lakes this 9th day of September, 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 3A STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk MEETING DATE: September 9, 2019 TOPIC: Resolution No. 19-112, Approving a Special Event Permit for the Alexandra House Hopefest Charity Walk and Community Event VOTE REQUIRED: 3/5 INTRODUCTION The Alexandra House is hosting Hopefest Charity Walk and Community Event on Saturday, September 28. BACKGROUND The Alexandra House will be hosting the Hopefest Charity Walk and Community Event at the YMCA. As part of the event there will be food trucks on site as well as a variety of vendors and exhibitors. There will be a variety of events taking place such as a 2 mile walk, kidz dash, yard games, bounce house and an obstacle course. There will be live music and a speaker for the duration of the event which is from 9:00 a.m. until 2:00 p.m. The Alexandra House has also applied for and received a Special Use Permit from Anoka County to use the trail behind the YMCA. The 2 mile walk and Kidz Dash map is attached. There will be bathrooms available at the YMCA as well as two ADA compliant portable toilets and two standard portable toilets. There will be first aid kits on-site at designated booths. They anticipate there will be approximately 500-700 participants. They will be selling tickets to ensure crowd control. All participants are required to register before they enter the event. Everyone who has purchased admission will receive a wristband indicating they are part of the event. The applications and the certificate of liability insurance have been submitted to cover all of the above events and is filed in the office of the City Clerk. There is not a fee as the Alexandra House is a non-profit. The Public Safety Department has reviewed the application and has signed off on the permit with the understanding that the applicants will continue to follow their instructions on safety, etc. The applicant must have in place all necessary permissions for use of property involved in the event. They have requested use of the green space designated on the attached map for parking and that the City of Lino Lakes mow the space prior to the event. They are also requesting the use of the City of Lino Lakes parking lot for staff and volunteers to park during the event. The Public Works Department has also reviewed the application and signed off on this. RECOMMENDATION Approval of Resolution No. 19-112, Approving an Application for a Special Event Permit for the Alexandra House Hopefest Charity Walk and Community Event. ATTACHMENTS Event Site Map Overview 2 mile walk – Kids Dash Map Resolution 19-112 CITY OF LINO LAKES RESOLUTION NO. 19-112 Approving a Special Event Permit for the Alexandra House Hopefest Charity Walk and Community Event WHEREAS, The Alexandra House has made application for a special event permit for Hopefest Charity Walk and Community Event to be held on September 28, 2019; and WHEREAS, city staff has reviewed the application submitted for the event for concurrence with city regulations; and WHEREAS, The Public Safety Department has conducted a background check on the Alexandra House representative and found no reason to deny; and WHEREAS, the Alexandra House has submitted a certificate of liability insurance to cover this event and is on file in the office of the City Clerk; and WHEREAS, the Alexandra House is exempt from the license fee as they are a non-profit group; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota: That the City Council hereby approves the special event permit application for the Alexandra House Hopefest Charity Walk and Community Event. Adopted by the Council of the City of Lino Lakes this 9th day of September, 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 1 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: September 9, 2019 TOPIC: Otter Lake Animal Care Center (6848 Otter Lake Road) i. Consider Resolution No. 19-110 Approving Conditional Use Permit Amendment for Veterinary Hospital ii. Consider Resolution No. 19-111 Approving Site Improvement Performance Agreement VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of a Conditional Use Permit Amendment and Site Improvement Performance Agreement for Otter Lake Animal Care Center (6848 Otter Lake Road). Complete Application Date: July 8, 2019 60-Day Review Deadline: September 6, 2019 60-Day Extension Deadline: November 5, 2019 Environmental Board Meeting: July 31, 2019 Park Board Meeting: N/A Planning & Zoning Board Meeting: August 14, 2019 Tentative City Council Work Session: September 3, 2019 Tentative City Council Meeting: September 9, 2019 BACKGROUND Otter Lake Animal Care Center is located at 6848 Otter Lake Road. The applicant, Dr. Wayne Scanlan, is proposing to construct a 2,800 sf addition to the existing 3,900 sf building and expand the existing parking lot. The existing site is approximately 1.51 acres. The Land Use Application is for the following: • Conditional Use Permit Amendment for Veterinary Hospitals • Site and Building Plan Review 2 This staff report is based on the followings plan sets: • Plan Set prepared by BDH+Young dated July 7, 2019 • Certificate of Survey prepared by EG Rud & Sons, Inc. dated July 1, 2019 • Wetland Delineation Report prepared by Jacobson Environmental, PLLC dated November 12, 2018 • Hydrology Report prepared by Loucks dated June 13, 2019 • Draft Geotechnical Evaluation Report prepared by Braun Intertec Corporation dated January 11, 2019 ANALYSIS History Otter Lake Animal Care Center has existed at this location since 1987. A conditional use permit was approved in 1986 for the initial construction of the veterinary clinic and boarding facility. In December 1996, an amendment to the conditional use permit was approved to expand the pole barn structure and allow boarding for up to 100 animals. This newest addition to the building and parking lot is needed to meet the demands of changing pet care practices and expanding client base. Existing Site Conditions The site contains the existing 3,800 sf facility, a parking lot, indoor and outdoor kennels, 2 small accessory structures, a fenced area and open green space with minimal tree coverage. A pond exists on the north side of the site and a small wetland exists on the south side. The Certificate of Survey notes the parcel size is 1.51 acres; however, this includes a portion of CR 84 (Otter Lake Road) road right-of-way. In 1996, CR 84 (Otter Lake Road) was realigned and road right-of-way was to be dedicated via easement along the west lot line. The surveyor and applicant are working with Anoka County to determine the exact location of the road easement. Anoka County GIS shows the estimated acreage as 1.33 acres. Plans will then be revised to correctly show the lot lines and lot areas. A 66 foot wide NSP easement and overhead powerlines bisect the northwest corner of the site. An 8 foot wide trail exists along CR 84 (Otter Lake Road). Per the Geotechnical Report, the area of the proposed addition is currently a green space to the north of the existing building. Current grades range from 910 to 914 EL. The site is generally flat with grades sloping down away from the building. Nine (9) soil borings were drilled ranging from 6 to 21 feet in depth. Ground water was not observed in any of the borings. Soil types consist of SM (silty sands), SC (clayey sands) and CL (low plasticity clays). Zoning and Land Use The property is zoned LI, Light Industrial and allows for Veterinary Hospitals with a conditional use permit. A conditional use permit was approved in 1986 and amended once in 1996 to allow for an addition to the pole barn. Any change involving a structural enlargement of the facility requires an amendment to the conditional use permit. 3 Current Zoning LI, Light Industrial Current Land Use Industrial Future Land Use per 2030 Comprehensive Plan Industrial Utility Staging Area 1A=2008-2015 Surrounding Zoning and Land Use Direction Zoning Current Land Use Future Land Use North LI, Light Industrial Vacant Industrial Industrial East LI, Light Industrial Vacant Industrial Industrial South LI, Light Industrial Industrial Industrial West PUD (Industrial) I-35W and Industrial Industrial Site and Building Plan Review Site Plan As previously discussed, the certificate of survey notes the parcel size as 1.51 acre but this includes the road easement. The approximate road right-of-way shown on the survey for this parcel is graphically shown per the Otter Lake Road Realignment Utility and Street Improvement Plans Sheet 12 of 31 revised As-Built on February 7, 2000. Anoka County GIS shows the estimated acreage as 1.33 acres. For the purposes of site plan review, this approximate right-of-way line will be used as the front lot line. If no recorded roadway easement is found, an easement will be required to be recorded as part of the conditional use permit. Per the applicant’s narrative, the site plan proposes a 2,800 sf addition to the existing 3,900 sf building with additional parking to the north of the site. Sheet PZ-01 notes the existing building is 4,016 sf and the addition footprint is 2,714 sf plus a 670 sf second level mezzanine above the addition. The existing indoor and outdoor boarding kennels and fenced outdoor area will remain. The boarding of up to 100 animals was approved as part of the 1996 CUP amendment. One accessory structure on the north side will be removed. A Site Plan Review was completed. Overall, the proposed building addition and parking lot expansion meet setback and performance standards except as noted. Architectural Plans and Exterior Building Materials Per the architectural plans dated July 9, 2019, the exterior materials of proposed addition include a brick base, light brown stucco middle and standing seam metal roof. The existing 4 building has metal siding. The existing west elevation (front façade) will be remodeled to match the new façade with new brick, new light brown cementious board siding and new metal roof. The north, south and east existing metal siding elevations will be painted to match the new addition. The exterior materials meet the ordinance requirements of material types, colors and percentages. A second floor mezzanine is proposed for the veterinary’s private office. The Building Official noted the possible need for an elevator to the second floor mezzanine. The architect states the mezzanine is for Dr. Scanlon’s private office and an elevator is not required since the existing office space on the main level will allow for accessibility as needed. The applicant/architect shall confirm with the Building Official the need for an elevator. The building height is 23’6” which is less than the maximum allowed 45 feet. A trash enclosure is proposed to the north of the new addition adjacent to the new parking lot. Construction details provided on Sheet PZ-02 indicate light brown horizontally treated wood slats with a light brown vertical wood slat gate and yellow bollards. The enclosure is 6 feet in height. The trash enclosure meets performance standards. Off-Street Parking Requirements A 24 foot wide drive aisle and 22 parking stalls are proposed on the north side to provide additional parking for staff and clients. The stalls meet required number and dimensions. The existing parking lot abutting CR 84 (Otter Lake Road) does not meet the full 15 foot street setback requirement but is considered legal non-conforming because Otter Lake Road was reconstructed and realigned in 1996. There is one (1) new parking stall proposed on the northwest corner of the existing parking lot that shall be removed because it does not meet setback. The total number of proposed parking stalls is 38 (16 existing + 22 new). Section 1007.044(6) requires 3 spaces plus at least 1 space for each 200 sf of floor area which equals 37 spaces (6,750/200=33.75+3=36.75=37). Even with the omission of the northeast space, the proposed 37 spaces are compliant. Plans shall be revised to omit the northeast stall. Grading Plan and Stormwater Management Per the Comprehensive Stormwater Management Plan prepared by Loucks dated June 13, 2019, the existing site consists of 4 different drainage areas: north to an existing pond, south to an existing wetland, west to Otter Lake Road and east to undeveloped land. A majority of the developed portion of the site drains to the constructed north pond. This pond is located on both the subject site and on the adjacent parcel to the north and was designed to handle more than the existing development. The pond will be deepened, regraded and updated to meet current NURP pond design standards. All new impervious runoff is being directed to this pond. Proposed peak runoff rate and volume will be less than existing. A drainage and utility easement shall be recorded over the north stormwater pond that includes both the subject site and the adjacent property. Public Utilities 5 The existing building is served by a private well and 21” municipal sanitary sewer located along Otter Lake Road. The new addition and existing building will be connected to 16” municipal watermain and the existing private well will be capped as noted on Sheet C1.2. Tree Preservation Plan Sheet L1.1, Landscape identifies 23 significant trees on site. The plan sheet indicates 11 of these trees to be removed from the basic use area. Trees removed from the basic use area do not mitigation or replacement. Landscaping Canopy Cover Per Sheet L1.1, Landscape & Tree Preservation Plan, canopy coverage calculations indicate 9,147 sf of vehicular hardscape which requires a minimum 3,659 sf of canopy coverage. The landscape plan proposes one (1) large tree planted within the interior parking lot, seven (7) large trees planted and four (4) medium trees within less than 7’ of vehicular hardscape edge and one large tree within 7’-12’ of vehicular hardscape edge. These trees provide a total 5,450 sf of canopy coverage which exceeds with the canopy cover requirements. Foundation Landscaping The front facade of Otter Lake Animal Care Center measures a total of 90 linear feet (lf). The ordinance requires two (2) trees and six (6) shrubs per 100 lf. Ninety (90) is rounded up to 100 lf for a requirement of two (2) large trees and six (6) large shrubs along the front façade. One (1) tree and four (4) shrubs are proposed. The foundation landscaping standards are not met per Sheet L1.1, Landscape & Tree Preservation Plan. The foundation landscaping plan is short 1 (one) tree and two (2) shrubs. The applicant will need to revise the plans to provide 1 (one) additional large tree and 2 (two) additional large shrubs or the equivalent substitution of smaller landscape materials allowed under Section 1007.43 (17) (d) 6. Open Areas Landscaping Open Area Landscaping calculations indicate 7,894 sf of open area which requires 4 (four) trees and 12 shrubs. Four (4) trees and 12 shrubs are being planted in the open area near the stormwater pond. The open areas to the south and east of the building have existing trees and shrubs and do not require additional trees. The ordinance requirements are met. Buffer and Screen The existing parking lot along Otter Lake Road was constructed in 1987 with the original building and does not require buffer or screening. The parking lot addition located on the north of the building is not adjacent to the public right of way; therefore, no buffer or screen is required. Boulevard Trees 6 Boulevard trees are not required for industrial developments; therefore, no boulevards trees are proposed. Sod and Ground Cover Any sod areas must be irrigated. The irrigation plan has been reviewed and approved by the Environmental Coordinator. Signage A Sign Permit Application and sign plans shall be submitted for any wall or ground mount signage. Impervious Surface Coverage The LI, Light Industrial zoning district allows for 75% impervious surface coverage. Per Sheet C2.1, Site Plan, the proposed impervious surface is 0.614 acres or 41% which meets ordinance requirements. Impervious Surface Coverage Total Parcel Size 1.51 acres Existing Impervious 0.304 acres (20%) Proposed Impervious 0.614 acres (41%) Traffic Study A traffic study is not required. CR 84 (Otter Lake Road) is a Major Collector Road and is capable of handling the additional traffic volume proposed by the addition. Public Land Dedication Park land dedication and/or fees are not required. This is an existing lot of record and not being subdivided. Comprehensive Plan Resource Management System The Resource Management System Plan goal of preserving surface water quality is supported by the construction of stormwater management BMP’s such as curb, gutter and NURP pond. Land Use Plan The Comprehensive Plan guides this property for industrial use. The proposed addition to the Otter Lake Animal Care Center is consistent with industrial land use. Housing Plan 7 The goals and policies of Housing Plan are not negatively impacted by the proposed addition to the Otter Lake Animal Care Center. Transportation Plan Goals of the Transportation Plan are to ensure that street and roads are as safe as possible and to reduce unnecessary traffic. CR 84 (Otter Lake Road) is a Major Collector Road and is capable of handling the additional traffic volume proposed by the addition. Sanitary Sewer and Water Supply Plan A 21”’ sanitary sewer main and 16” watermain along Otter Lake Road provide public utilities to the site. The sanitary sewer and water supply system have capacity for the addition. Alternative Urban Areawide Review (AUAR) The site is within the 2005 I-35E Corridor AUAR environmental review boundary. The AUAR was updated in June 2015. The AUAR identified this site as industrial in all 3 land use scenarios. The proposed addition to Otter Lake Animal Care Center is consistent with industrial development. No further environmental assessment is required. Wetlands A Wetland Delineation Report was prepared by Jacobson Environmental PLLC dated November 12, 2018. A WCA Notice of Decision for the wetland delineation was issued by RCWD on May 6, 2019. The wetland delineation report noted 2 basins on site. Per RCWD, the north basin (0.152 acres) was found to be incidental under WCA and is not a wetland. This basin is used for stormwater management. The south basin (0.080 acres) is a wetland but there are no proposed impacts. The wetland is not in the Wetland Management Corridor; therefore no conservation easement or buffer is required. A drainage and utility easement extending 10 feet from the delineated boundary will be required over the portion of the wetland that is located on the subject site. Shoreland District The parcel is not located within the Shoreland District. Floodplain There are no floodplains located on site. Anoka County Highway Department Staff has distributed materials to Anoka County Highway Department and has not received any comments yet. 8 Public Safety Comments The Fire Division reviewed the proposed building addition and parking lot expansion and did not have any comments or concerns. The Police Division reviewed the project and provided comments regarding security cameras, access and exterior lighting. See attached comment letter. Environmental Board The Environmental Board reviewed the project on July 31, 2019. Their recommendations are summarized in the attached Environmental Memo dated August 6, 2019. Storm Water Maintenance Agreement A joint Storm Water Maintenance Agreement is required between the adjacent property owners because the pond is located on both parcels. A draft agreement has been drafted by the applicant and is being reviewed by staff and RCWD. Site Improvement Performance Agreement A Site Improvement Performance Agreement has been drafted and shall be approved by the City Council. Planning and Zoning Board The Planning & Zoning Board held a public hearing on August14, 2019. There were no public comments. The Board recommended approval with a 6-0 vote with conditions detailed in Resolution No. 19-110. Findings of Fact Council Resolution No. 19-110 details the Conditional Use Permit Findings of Fact. RECOMMENDATION Staff and Boards recommend approval of the conditional use permit amendment for veterinary hospitals. ATTACHMENTS 1. Aerial Map 2. Certificate of Survey and Site Plan 3. Floor Plan and Color Elevations 4. Resolution No. 19-110 5. Resolution No. 19-111 6. Site Improvement Performance Agreement 0 100 20050 Feet IJ84 §¨¦I-35E 68486848OOTTTTEERRLLAAKKEERRDDOOTTTTEERRLLAAKKEESSEERRVVIICCEERRDD Aerial MapOtter Lake Animal Care Center µ ARCHITECT BDH+YOUNG 7001 FRANCE AVENUE SOUTH SUITE 200 EDINA, MN 55435 JEFF GEARS EMAIL: JGEARS@BDHYOUNG.COM PHONE: 952-345-8322 GENERAL CONTRACTOR / OWNER REPRESENTATIVE SCOTT BUILD 12 DIVISION STREET BUFFALO, MN 55313 RICK SCOTT EMAIL: RICKSCOTT@SCOTTBUILD.COM PHONE: 763-684-0000 CIVIL ENGINEER LOUCKS 7200 HEMLOCK LANE, SUITE 300 MAPLE GROVE, MN 55369 JON DONOVAN EMAIL:JDONOVAN@LOUCKSINC.COM PHONE: 763-496-6724 CONTACT LIST MECHANICAL / ELECTRICAL / PLUMBING - DESIGN BUILD LOCATION MAP N SITE OTTER LAKE ROAD35E 35E Project Information Issue Record © bdh+young Sheet Title Sheet Information Job Code Drawn By Reviewed By Date Printed Name Signature Lic #Date N O T F O R C O N S T R U C T IO N I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the state of DescriptionDateNo. 7001 France Avenue South, Suite 200 Edina, Minnesota 55435 952-893-9020 fax 952-893-9299 www.bdhyoung.com 12 Division St. Buffalo, Minnesota 55313 763-684-0000 www.scottbuild.com D:\2019 Revit Local\A19_Otter Lake Animal Care Center_nordlinga.rvt2019-07-08 11:48:00AMOTTER LAKE ANIMAL CARE CENTER 6848 OTTER LAKE RD, HUGO, MN 55038 T0.1 01486 MINNESOTA JEFFREY GEARS 2019-06-10 50937 TITLE SHEET MN TK 6848 OTTER LAKE RD, HUGO, MN 55038 OTTER LAKE ANIMAL CARE CENTER SHEET INDEX NO NAME ARCHITECTURAL Space Plan EXT01 EXTERIOR DESIGN TITLE 0.0 - GENERAL T0.1 TITLE SHEET CIVIL C0-0 CERTIFIED SURVEY C0-1 EASEMENT SKETCH AND DESCRIPTION C1-1 EXISTING COND C1-2 DEMOLITION PLAN C2-1 SITE PLAN C3-1 GRADING & EROSION CONTROL C4-1 UTILITY C8-1 CIVIL DETAILS C8-2 CIVIL DETAILS CIVIL L1-1 LANDSCAPE PLAN L2-1 LANDSCAPE DETAILS ARCHITECTURAL PRELIMINARY PZ-01 PRELIMINARY FLOOR PLAN PZ-02 PRELIMINARY ELEVATIONS MECHANICAL FP-1 FIRE PROTECTION SYSTEM ELECTRICAL E1 SITE PLAN - PHOTOMETRICS ALTERNATES #DESCRIPTION OMNVJMSJNM `fqv=pr_jfppflk OMNVJMTJMU `fqv=obpr_jfppflk (3)-EXISTING COVERED 2,850 SF BUILDING ADDITION ADA PARKING SIGN TYP-SEE DETAIL TYPICAL ADA PARKING SEE DETAIL CONCRETE SIDEWALK TYP-SEE DETAIL 8 8 11 11 18.0'26.1'18.0'24.0'5.0'18.0'24.0'18.0'8.0'B612 CURB & GUTTER TYP-SEE DETAIL MATCH EXISTING FENCE CONCRETE SIDEWALK TYP-SEE DETAIL RE-STRIPE EXISTING PARKING LOTMATCH EX. CURB MATCH EX. SIDEWALK R 3' R 3' R 3' R 27' R 1'R 18' R 42' R 18' R 42' R 3' R 3' R 3' R 3' 9.0'9.0'8.0'8.5'1.6'CONCRETE STOOP. SEE ARCHITECTURAL AND/OR STRUCTURAL. MATCH EX. SIDEWALK ADA NO PARKING ACCESS AISLE SIGN-SEE DETAIL 8' TAPER FLAT CURB 8' TAPER CONCRETE STAIRS W/HANDRAIL 2 RISERS. SEE DETAIL EXISTING POND NWL-908.85 HWL-910.27 3' TAPER 3' TAPER CONCRETE PAVEMENT SEE ARCH. FOR TRASH ENCLOSURE SCREENING LIGHT DUTY BITUMINOUS PAVEMENT-SEE DETAIL HEAVY DUTY BITUMINOUS PAVEMENT-SEE DETAIL RAIN GARDIAN-SEE DETAIL RAIN GARDIAN-SEE DETAIL 4.0'5.0'PATCH BITUMINOUS PER CITY STANDARD DETAIL REPLACE CURB & GUTTER PER CITY STANDARD DETAIL REPLACE BITUMINOUS TRAIL PER CITY STANDARD DETAIL PARKING SETBACK LINE 5.0' CONCRETE STOOP. SEE ARCHITECTURAL AND/OR STRUCTURAL. 50.0 ' STREET ROW PROPOSED POND EASEMENT BUILDING SETBACK LINE 58.0'45.0'Project Information © bdh+young Sheet Title Sheet Information Job Code Drawn By Reviewed By DateD:\2017 Revit Local\A17_01070_St Croix Animal Friends_fiihrk.rvt2019-02-06 10:00:44AMOTTER LAKE ANIMAL CARE CENTER 6848 OTTER LAKE RD. HUGO, MN 55038 01486 2019-06-07 LOUCKS 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL LOUCKS PROJECT NO. 18615 Issue Record DescriptionDateNo. 12 Division St. Buffalo, Minnesota 55313 763-684-0000 www.scottbuild.com Printed Name Signature Lic #Date Jonathan J. Donovan - PE 07/08/2019 44613 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota CITY SUBMITTAL06/10/191 7001 France Avenue South, Suite 200 Edina, Minnesota 55435 952-893-9020 fax 952-893-9299 www.bdhyoung.com NOT F O R CON S T R U C TI O N CITY SUBMITTAL07/08/192 N SCALE IN FEET 0 20 40 C2.1 SITE PLAN ZBM/MDC TDG 73 23 CIVIL LEGENDPAVEMENT TYPES NOTE: SEE PAVEMENT SECTIONS ON SHEET C8.1 FOR TYPE AND DEPTH INFORMATION. LIGHT DUTY BITUMINOUS PAVEMENT CONCRETE SIDEWALK HEAVY DUTY BITUMINOUS PAVEMENT PARKING STALLS REQUIRED = 37 STALLS EXISTING BUILDING = 3900 SF PROPOSED BUILDING = 2850 SF TOTAL BUILDING AREA = 6750 SF = 6750 / 200 = 33.75 + 3 STALLS PROPOSED PARKING STALLS PROVIDED = 38 STALLS 36 - 9'X18' STANDARD STALLS 2 - 8'X18' ADA STALLS OFF-STREET PARKING CALCULATIONS PROPOSED ACCESSIBLE PARKING =2 STALLS REQUIRED ACCESSIBLE PARKING = 2 STALLS** **REQUIRED MINIMUM NUMBER OF ACCESSIBLE SPACES FOR 26 TO 50 STALLS ACCESSIBLE PARKING SITE NOTES 1.ALL PAVING, CONCRETE CURB, GUTTER AND SIDEWALK SHALL BE FURNISHED AND INSTALLED IN ACCORDANCE WITH THE DETAILS SHOWN PER THE DETAIL SHEET(S) AND STATE/LOCAL JURISDICTION REQUIREMENTS. 2.ACCESSIBLE PARKING AND ACCESSIBLE ROUTES SHALL BE PROVIDED PER CURRENT ADA STANDARDS AND LOCAL/STATE REQUIREMENTS. 3.ALL CURB DIMENSIONS SHOWN ARE TO THE FACE OF CURB UNLESS OTHERWISE NOTED. 4.ALL BUILDING DIMENSIONS ARE TO THE OUTSIDE FACE OF WALL UNLESS OTHERWISE NOTED. 5.TYPICAL FULL SIZED PARKING STALL IS 9' X 18' UNLESS OTHERWISE NOTED. 6.ALL CURB RADII SHALL BE 5.0' UNLESS OTHERWISE NOTED. 7.BITUMINOUS IMPREGNATED FIBER BOARD TO BE PLACED AT FULL DEPTH OF CONCRETE ADJACENT TO EXISTING STRUCTURES AND BEHIND CURB ADJACENT TO DRIVEWAYS AND SIDEWALKS. 8.SEE SITE ELECTRICAL PLAN FOR SITE LIGHTING. 9.SEE EXISTING CONDITIONS/EG RUDD SURVEY FOR BUILDING SETBACK LINE. SIGNAGE AND STRIPING NOTES 1.CONTRACTOR SHALL BE RESPONSIBLE FOR ALL SITE SIGNAGE AND STRIPING AS SHOWN ON THIS PLAN. 2.CONTRACTOR SHALL PAINT ALL ACCESSIBLE STALLS, LOGOS AND CROSS HATCH LOADING AISLES WITH WHITE PAVEMENT MARKING PAINT, 4" IN WIDTH. 3.CONTRACTOR SHALL PAINT ANY/ALL DIRECTIONAL TRAFFIC ARROWS, AS SHOWN, IN WHITE PAINT. 4.ALL SIGNAGE SHALL INCLUDE POST, CONCRETE FOOTING AND STEEL CASING WHERE REQUIRED. 5.ALL SIGNAGE NOT PROTECTED BY CURB, LOCATED IN PARKING LOT OR OTHER PAVED AREAS TO BE PLACED IN STEEL CASING, FILLED WITH CONCRETE AND PAINTED YELLOW. REFER TO DETAIL. 6.ANY/ALL STOP SIGNS TO INCLUDE A 24" WIDE PAINTED STOP BAR IN WHITE PAINT, PLACED AT THE STOP SIGN LOCATION, A MINIMUM OF 4' FROM CROSSWALK IF APPLICABLE. ALL STOP BARS SHALL EXTEND FROM DIRECTIONAL TRANSITION BETWEEN LANES TO CURB. 7.ALL SIGNS TO BE PLACED 12" BEHIND BACK OF CURB UNLESS OTHERWISE NOTED. WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. Gopher State One Call TOTAL PROPERTY AREA:1.51 AC DISTURBED AREA: 0.80 AC EXISTING IMPERVIOUS AREA:0.304 AC PROPOSED IMPERVIOUS AREA:0.614 AC SITE DATA CONCRETE PAVEMENT NOTE: EXISTING CONDITIONS INFORMATION SHOWN IS FROM CERTIFICATE OF SURVEY PREPARED BY E. G. RUD & SONS, DATED JULY 1st, 2019. UP DN EXAM EXAM EXAM SURGERY XRAY TREATMENT DOG WAITING CAT WAITING RECEPTION EXAM 8' x 9' 8' x 10' 8' x 8' 15' x 12' 8' x 8' 15' x 7' 12' x 20' 30' x 20' EXAM 9' x 15' DOG WARD 6' x 7' CAT WARD 5'-6" x 6'-6" EXISTING KENNELS 8' x 7' VESTIBULE 7' x 8' MECH LABSCALE8' x 10' EXAM STORAGE MECH ADDITION 58' - 4" EXISTING 31' - 7"ADDITION45' - 2"EXISTING44' - 9"EXISTING 91' - 9"EXISTING44' - 9"ADDITION45' - 2"10' - 4" 17' - 6" 7' - 8"89' - 11"13' x 9' OPEN OFFICE / LOUNGE RESTROOM OPEN TO BELOW OPTIONAL ADDITIONAL OFFICE SPACE OPEN TO BELOW 6'-6" x 12' OFFICE N D:\2019 Revit Local\A19_Otter Lake Animal Care Center_nordlinga.rvt2019-07-08 8:35:57 AM OTTER LAKE ANIMAL CARE CENTER 6848 OTTER LAKE RD, HUGO, MN 55038 PZ-01 PRELIMINARY FLOOR PLAN 01486 1/8" = 1'-0" SPACE PLAN - LEVEL 011 1/8" = 1'-0" SPACE PLAN - LEVEL 022 EXISTING BUILDING 4,016 S.F. PROPOSED ADDITION 2,714 S.F. TOTAL 6,730 S.F. CITY REVIEW - 2019-06-10 CITY RESUBMISSION - 2019-07-09 LEVEL 01 100' - 0" ROOF 123' - 6" LEVEL 02 111' - 0" T.O. BRICK 106' - 6" B.O. EAVES 112' - 10" EXISTINGNEW NEW STANDING SEAM METAL ROOF COLORED PRECAST SILL BRICK ALUMINUM DOORSSTUCO LIGHT BROWN EXISTING PIERS TO REMAIN COLORED PRECAST SILL NEW BRICK VINYL CLAD WINDOWS NEW STANDING SEAM METAL ROOF NEW CEMENTIONS BOARD SIDING - LIGHT BROWN LIGHT FIXTURE RECESSED LIGHT FIXTURES IN SOFFIT ROOF 123' - 6" LEVEL 02 111' - 0" T.O. BRICK 106' - 6" B.O. EAVES 112' - 10" NEW STANDING SEAM METAL ROOF COLORED PRECAST SILL BRICK STUCO VINYL CLAD WINDOWSEXISTING NEW PAINT EXISTING METAL SIDING - LIGHT BROWN LEVEL 01 100' - 0" ROOF 123' - 6" LEVEL 02 111' - 0" T.O. BRICK 106' - 6" B.O. EAVES 112' - 10" NEW STANDING SEAM METAL ROOF COLORED PRECAST SILL BRICK STUCO - LIGHT BROWN VINYL CLAD WINDOWS NEW STANDING SEAM METAL ROOF EXISTING NEW PAINT EXISTING METAL SIDING & DOORS - LIGHT BROWN LIGHT FIXTURE LEVEL 01 100' - 0" ROOF 123' - 6" LEVEL 02 111' - 0" T.O. BRICK 106' - 6" EXISTINGNEW COLORED PRECAST SILL BRICK STUCO NEW STANDING SEAM METAL ROOF PAINT EXISTING METAL SIDING - LIGHT BROWN 106' - 0" HORIZONTALLY TREATED WOOD SLATS PAINTED LIGHT BROWN 4" DIA STEEL BOLLARD PAINTED YELLOW GATE W/ VERTICAL WOOD SLATS PAINTED LIGHT BROWN 106' - 0" HORIZONTALLY TREATED WOOD SLATS PAINTED LIGHT BROWN GATE W/ VERTICAL WOOD SLATS PAINTED LIGHT BROWN N D:\2019 Revit Local\A19_Otter Lake Animal Care Center_nordlinga.rvt2019-07-08 8:36:04 AM OTTER LAKE ANIMAL CARE CENTER 6848 OTTER LAKE RD, HUGO, MN 55038 PZ-02 PRELIMINARY ELEVATIONS 01486 1/8" = 1'-0" PRELIMINARY ELEVATION - WEST1 1/8" = 1'-0" PRELIMINARY ELEVATION - NORTH2 1/8" = 1'-0" PRELIMINARY ELEVATION - EAST3 1/8" = 1'-0" PRELIMINARY ELEVATION - SOUTH4 WEST ELEVATION MATERIALS TOTAL S.F. OF WEST FACADE:1,283 S.F. STUCCO 290 S.F.22.6% GLASS / DOORS 263 S.F. 20.5% BRICK / PRECAST SILLS 363 S.F. 28.3% EXISTING STONE 67 S.F. 5.2% MATERIAL S.F.% OF FACADE NORTH ELEVATION MATERIALS TOTAL S.F. OF NORTH FACADE: 1,393 S.F. STUCCO 643 S.F. 46.2% GLASS / DOORS 201 S.F. 14.4% BRICK / PRECAST SILLS 297 S.F. 21.3% EXISTING SIDING 252 S.F. 18.1% MATERIAL S.F. % OF FACADE SOUTH ELEVATION MATERIALS TOTAL S.F. OF SOUTH FACADE:919 S.F. STUCCO 50 S.F. 5.3% GLASS / DOORS 55 S.F. 5.9% BRICK / PRECAST SILLS 46 S.F. 5.0% EXISTING SIDING 768 S.F. 83.8% MATERIAL S.F. % OF FACADE EAST ELEVATION MATERIALS TOTAL S.F. OF EAST FACADE: 1,205 S.F. STUCCO 252 S.F. 20.8% GLASS / DOORS 78 S.F. 6.5% BRICK / PRECAST SILLS 279 S.F. 23.2% EXISTING SIDING 596 S.F. 49.5% MATERIAL S.F. % OF FACADE CITY REVIEW - 2019-06-10 CITY RESUBMISSION - 2019-07-09 SIDING 300 S.F. 23.4% 3/8" = 1'-0" PRELIMINARY ELEVATION - TRASH5 3/8" = 1'-0" PRELIMINARY ELEVATION - TRASH SIDE6 1 CITY OF LINO LAKES RESOLUTION NO. 19-110 RESOLUTION APPROVING CONDITIONAL USE PERMIT AMENDMENT FOR OTTER LAKE ANIMAL CARE CENTER (6848 OTTER LAKE ROAD) WHEREAS, the City received a land use application for a Conditional Use Permit Amendment for Otter Lake Animal Care Center located at 6848 Otter Lake Road and hereafter referred to as “Development”; and WHEREAS, the property is zoned LI, Light Industrial and allows for veterinary hospitals with a conditional use permit; and WHEREAS, any change involving a structural enlargement of the facility requires an amendment to the conditional use permit; and WHEREAS, the legal description of the subject property is as follows: That part of the South Half of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 24, Township 31, Range 22 and the North 65 feet of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 24, Township 31, Range 22, Anoka County, Minnesota, described as follows: Beginning at a point 33 feet east and 800.77 feet north of the South Quarter corner, Section 24, Township 31, Range 22; thence east a distance of 325 feet; thence south a distance of 203 feet; thence west a distance of 325 feet; thence north a distance of 203 feet, more or less, to the point of beginning, except road, subject to easements of record; and WHEREAS, City staff has completed a review of the land use application based on the following plans: • Plan Set prepared by BDH+Young dated July 7, 2019 • Certificate of Survey prepared by EG Rud & Sons, Inc. dated July 1, 2019 • Wetland Delineation Report prepared by Jacobson Environmental, PLLC dated November 12, 2018 • Hydrology Report prepared by Loucks dated June 13, 2019 • Draft Geotechnical Evaluation Report prepared by Braun Intertec Corporation dated January 11, 2019; and WHEREAS, a public hearing was held before the Planning & Zoning Board on August 14, 2019, and the Board recommended approval of the conditional use permit amendment. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following findings: 2 FINDINGS OF FACT 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: a. Land Use Plan. b. Transportation Plan. c. Utility (Sewer and Water) Plans. d. Local Water Management Plan. e. Capital Improvement Plan. f. Policy Plan. g. Natural Environment Plan. The proposed veterinary hospital addition and parking lot expansion are consistent with the Land Use, Utility, Local Water Management, Capital Improvement, Policy and Natural Environmental Plans and recommendations of the comprehensive plan as detailed in the September 9, 2019 Council staff report. 2. The proposed development application is compatible with present and future land uses of the area. The proposed veterinary hospital addition and parking lot expansion are compatible with present and future land uses. The subject site and adjacent parcels are guided and zoned for industrial use. A veterinary hospital is consistent the industrial land uses. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. A Site Plan Review has been completed and the proposed veterinary hospital addition and parking lot expansion will meet zoning performance standards if conditions listed in staff report are met. 4. Traffic generated by a proposed development application is within the capabilities of the City when: a. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. 3 b. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C. c. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D. d. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. e. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. g. The LOS requirements in paragraphs a. to d. above do not apply to the I- 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties, that contribute to traffic at the interchange. h. The City does not relinquish any rights of local determination. The proposed veterinary hospital addition and parking lot expansion do not change the level of service along CR 84 (Otter Lake Road). The road is a Major Collector Road and is capable of handling the additional traffic volume proposed by the addition. 5. The proposed development shall be served with adequate and safe water supply. The proposed veterinary hospital addition will connect to and be served by an adequate and safe municipal water supply. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The proposed veterinary hospital addition will be served by an adequate and safe municipal sanitary sewer system. 4 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. No City funds are being expended on this project. 8. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. The proposed veterinary hospital addition and parking lot expansion are allowed uses within the LI, Light Industrial Districts with an approved conditional use permit. The project will not generate excessive traffic, noise, smoke, fumes, glare or odors. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. There are no natural, scenic or historic features on the existing site. BE IT FURTHER RESOLVED by The City Council of Lino Lakes in addition to the administrative requirements of a conditional use permit, the following specific performance standards of Section 1007.120 (9)(f) are also being met: (f) Veterinary Hospitals provided that: 1. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. Per the 1996 CUP Amendment approved on December 16, 1996, the boarding for up to 100 animals is allowed on the site. The 1996 CUP also allows for outdoor kennels. The existing outdoor kennels are located in the rear yard but they are rarely used. The area is screened by an 8 foot wood privacy fence. There are no changes proposed to the indoor or outdoor kennel area or privacy fence. The 1996 CUP is still valid and the outdoor kennel/boarding area may continue to operate but not expand. Currently, animals are boarded in the inside kennel. All walls are insulated for sound. 2. Animal carcasses are properly disposed of in a manner not utilizing on-site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. 5 Animal carcasses are frozen until picked up by a cremation service. 3. An indoor animal kennel is permitted as a use accessory to the veterinary hospital provided that: a. The number of animals boarded shall not exceed forty (40). The average number of boarded animals is 20 and does not exceed 40. The 1996 CUP Amendment allows for up to 100 animals to be boarded on site. b. An enclosed indoor or exterior exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. Exterior exercise areas shall be limited to a maximum of twenty-five (25) percent of the gross floor area of the principal use. The existing outdoor run area 2,750 sf (70% of gross floor area) and will not be changed. The outdoor run area after planned addition will remain 2,750 sf. (41% of gross floor area). The outside run area is surrounded by privacy wood fencing. The chain-link fenced area is rarely used for larger animals and training. The existing outdoor exercise area was approved as part of the original and amended conditional use permit and does not require modification. c. A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees Fahrenheit. Indoor areas have controlled and maintained air quality and temperature controls. d. A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. Isolation areas are provided for sick or infectious animals. e. Indoor animal kennel floors and walls shall be made of non-porous materials or sealed concrete to make it non-porous. Floors have a non-porous epoxy coating. Wall finish is epoxy paint. f. Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. 6 Animal waste is currently flushed thru the City Sewer. 4. The appropriate license is obtained from the City and the conditions of Chapter 503 relating to the keeping of animals are satisfactorily met. Existing conditional use permits are on file with the City. Conditions of Chapter 503 have been met. 5. All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. Permits/licenses are on record with the State. The applicant shall obtain any necessary permits from other agencies as required. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit amendment for veterinary hospitals for Otter Lake Animal Care Center located at 6848 Otter Lake Road subject to the following conditions: 1. The conditions of the original 1986 Conditional Use Permit and amended 1996 Conditional Use Permit are still in effect. 2. A drainage and utility easement shall be recorded over the north stormwater pond that includes both the subject site and the adjacent property. 3. A drainage and utility easement shall be recorded over the portion of south wetland located on the subject site. 4. A roadway, drainage and utility easement along CR 84 (Otter Lake Road) shall be recorded. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the conditional use permit amendment subject to the following requirements being addressed prior to issuance of a building permit: 1. All comments from the City Engineer letter dated August 7, 2019 shall be addressed. 2. All comments from the Environmental Coordinator letter dated August 6, 2019 shall be addressed. 3. All comments from the Police Division letter dated August 6, 2019 shall be addressed. 4. A RCWD permit is required. 5. A Site Improvement Performance Agreement shall be approved by City Council and executed. 6. If no recorded roadway easement along CR 84 (Otter Lake Road) is found, an easement shall be drafted by the applicant for City review and recorded. 7. The private well shall be properly capped. 7 8. A separate recordable drainage and utility easement extending 10 feet from the HWL of the north stormwater pond shall be drafted by the applicant for City review and recorded. 9. A separate recordable drainage and utility easement extending 10 feet from the delineated wetland boundary shall be drafted by the applicant for City review and recorded over the portion of the wetland that is located on the subject site. 10. Certificate of Survey: a. Survey shall be revised to reflect correct roadway easement along CR 84 (Otter Lake Road). b. Survey shall include lot size that does not include road easement area. 11. Easement Sketch and Description: a. The note “Street and Utility Easement Per Doc. No. 1413495” shall be omitted. 12. Sheet C2.1, Site Plan: a. The NSP easement shall be shown. b. “PSBL” shall be defined. c. The “PSBL” shall be shown 15 feet inside the Street ROW line instead of the middle of Otter Lake Road. d. The proposed parking stall in the northwest corner of the existing parking lot shall be removed. e. Off-street Parking Calculations shall be revised to reflect the omitted parking stall. f. The location of mechanical equipment and required screening shall be included. 13. Sheet L1.1, Landscape & Tree Preservation Plan a. Under Foundation Landscape Standards, only the 90 foot wide front façade facing Otter Lake Road needs to be calculated. Please revise. b. Foundation landscaping shall be included along the existing front façade facing Otter Lake Road. c. One additional tree and 2 shrubs are required within the Foundation Landscape zone. d. Under Tree Legend, note the number of existing coniferous and deciduous trees and the number of trees removed. 14. Preliminary Elevations: a. A color palette and material board for exterior materials and roofing shall be submitted. b. The standing seam metal roof shall have hidden fasteners. c. The location of the mechanical equipment shall be included. d. The applicant/architect shall confirm with the Building Official the need for an elevator. 15. Photometric Plan: a. The Photometric Plan shall be revised to address Police Division comments. b. The property lines shall be clearly marked especially along CR 84 (Otter Lake Road). The certificate of survey shall be used as the base map. c. Foot candles shall not exceed 1.0 as measured from the road right-of-way. 8 d. Foot candles shall not exceed 0.4 as measured from the side and rear lot lines. Adopted by the Council of the City of Lino Lakes this 9th day of September, 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 OF LINO LAKES RESOLUTION NO. 19-111 RESOLUTION APPROVING A SITE IMPROVEMENT PERFORMANCE AGREEMENT WITH OTTER LAKE ANIMAL CARE CENTER (6848 OTTER LAKE ROAD) WHEREAS, the City has completed review of the site and building plan for Otter Lake Animal Care Center located at 6848 Otter Lake Road; and WHEREAS, the parcel is legally described as follows: That part of the South Half of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 24, Township 31, Range 22 and the North 65 feet of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 24, Township 31, Range 22, Anoka County, Minnesota, described as follows: Beginning at a point 33 feet east and 800.77 feet north of the South Quarter corner, Section 24, Township 31, Range 22; thence east a distance of 325 feet; thence south a distance of 203 feet; thence west a distance of 325 feet; thence north a distance of 203 feet, more or less, to the point of beginning, except road, subject to easements of record; and; WHEREAS, Section 1007.020(5)(d) of the Lino Lakes Zoning Ordinance requires the execution of a site performance agreement prior to issuance of a building permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Site Improvement Performance Agreement between the City of Lino Lakes and Wayne Scanlan is hereby approved and the Mayor and City Clerk are authorized to execute such agreements on behalf of the City. Adopted by the Council of the City of Lino Lakes this 9th day of September, 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 Otter Lake Animal Care Center Site Performance Agreement page 1 of 10 draft CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT THIS AGREEMENT made this _______ day of _______________, 2019, is by and between the City of Lino Lakes, a municipal corporation organized under the laws of the State of Minnesota, and Wayne Scanlan (“Developer”). WHEREAS, the Developer has received approval of Site Development Plans, hereinafter called the "Plans", by the City of Lino Lakes on the ___ day of ____, 2019, and in accordance with the Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property") described as follows: That part of the South Half of the Northwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 24, Township 31, Range 22 and the North 65 feet of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 24, Township 31, Range 22, Anoka County, Minnesota, described as follows: Beginning at a point 33 feet east and 800.77 feet north of the South Quarter corner, Section 24, Township 31, Range 22; thence east a distance of 325 feet; thence south a distance of 203 feet; thence west a distance of 325 feet; thence north a distance of 203 feet, more or less, to the point of beginning, except road, subject to easements of record. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: I. DESIGNATION OF IMPROVEMENTS. A. Improvements on the project site to be installed at the Developer’s expense by the Developer as hereinafter provided are hereinafter referred to as “On-site Work”. B. Improvements off the project site to be installed at the Developer’s expense, if any, by the Developer as hereinafter provided are hereinafter referred to as “Off-Site Work”. C. Developer shall enter into a Declaration for Maintenance of Stormwater Facilities. II. ON-SITE WORK. Otter Lake Animal Care Center Site Performance Agreement page 2 of 10 A. On-Site Work. The On-site Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The Work includes all on-site exterior amenities as shown on the approved Plans and as required by the plan approval, such as, but not limited to: landscaping, private driveways, parking areas, sanitary sewer extension, water system extension, storm drainage systems, curbing, lighting, fencing, fire lanes, sidewalks, exterior building architectural design and building elements, site grading and erosion control measures. Such improvements shall be completed in accordance with Section IV herein. B. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the On-Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The description and estimated cost of Developer's On-site Work are as follows: Description of Improvements Estimated Costs 1. Lighting $14,950.00 2. Fences / Screen Structures $5,400.00 3. Trash Disposal Structures $8,200.00 4. Curbing / Islands / Delineators $16,990.00 5. Storm Drainage Systems / Sewers / Catch Basins / Culverts / Swales $22,200.00 6. Public Trails and / or Sidewalk N/A 7. Private Trials and / or Sidewalk $5,700.00 8. Driveway / Curb cut / Parking Lot / Fire Lane $28,200.00 9. Water mains / Hydrants / Sanitary Sewers $17,700.00 10. Landscaping $30,000.00 11. Site Grading $11,200.00 12. Erosion Control $6,100.00 Total Estimated Cost of Developer Improvements $166,640.00 Security Requirement (Total * 35%) $58,324.00 Otter Lake Animal Care Center Site Performance Agreement page 3 of 10 III. DEVELOPER FEES A. Trunk Sanitary Sewer Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk sanitary sewer infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. The Sanitary Sewer Trunk Charge is $1,573.00 per unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). City 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. B. Trunk Water Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk water infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. The Water Trunk Charge is $2,259.00 per unit. Commercial/Industrial/Institutional (CII) trunk charges are based on a factor of 2.92 units per acre. Availability Charge Otter Lake Animal Care Center Site Performance Agreement page 4 of 10 For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units assigned by Metropolitan Council Environmental Services (MCES). City Water (CWAC) $1,421.00 Per SAC Unit. C. Surface Water Management Area Charges The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on developable acreage. The charge shall be paid with the building permit. Unit Fee 1. Sanitary Sewer Trunk Unit Fee ($1,573/unit; 2.92 units/Acre) Paid 2. 3. Front Footage Bisel Amendment ($52.50/LF) City Sewer Availability Fee ($1,471/SAC Unit) Paid $________ 4. Water Trunk Unit Fee ($2,259/unit; 2.92 units/Acre) 1.3*2.92 $ 8,575.16 5. City Water Availability Fee ($1,421/SAC Unit) $________ 6. 7. Front Footage Bisel Amendment ($49.50/LF) City Surface Water Management Fee ($10,685/Acre) 203 lf 1.1 ac $10,048.50 $11,753.50 Total Developer Fees $________ IV. RECORD DRAWINGS a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including grading, sanitary sewer, water main, storm sewer facilities, and roads, constructed by Developer. The as-built survey must include, but is not limited to, proposed and final contours with adequate elevation shots to show conformance, property irons (to be exposed in field), low floor and low opening elevations, and the 100-Year High Water Level (HWL) of all ponds, lakes, and wetland areas. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. b. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. IV. COMPLETION DATE. Otter Lake Animal Care Center Site Performance Agreement page 5 of 10 If the activities authorized by site and building plan approval are not initiated within twelve (12) months from the final execution of this agreement, then Developer will need to start the site and building plan approval process from the beginning. V. GUARANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on thirty- five (35%) percent of the total estimated cost of Developer's On-site Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract, construction of all required improvements in accordance with the ordinances and specifications of the City and guarantees the workmanship and materials for the landscape improvements for a period of one year following the City’s acceptance of the landscape improvements. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract, if Developer has been found to be in default of this agreement and only after providing Developer with written notice and opportunity to cure any default. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless sixty (60) days prior to such the City Clerk or Administrator is notified in writing by certified mail or overnight mail that the Letter of Credit will not be renewed. B. Upon written request, The City will grant a reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The Developer may make such requests three times throughout the life of this agreement, with the third and/or final request being at the completion of the project. The City will respond to such request within 30 days time. Prior to the final acceptance of the Developer’s Improvements the City shall require a Letter of Credit or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be agreed to by the City Engineer and Developer and Developer may use the Letter of Credit discussed in Section V.A above. VI. REIMBURSEMENT OF COSTS. Otter Lake Animal Care Center Site Performance Agreement page 6 of 10 A. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the On-site Work, including, but not limited to, the following: 1. Site Plan Review Fee $3,500.00 2. Administration $5,000.00 (Legal, Engineering, Planning and Contract Administration) 3. Negative Short Term Escrow Balance $____________ Total Estimated (Budget) Costs for Escrow Account $____________ B. If it appears that the actual costs incurred will exceed the estimate or that the actual costs incurred will be less than the estimate, then Developer and City shall review the costs required to complete the project. In such case, if the actual costs exceed the estimate, then Developer shall promptly pay the additional sums to the City to pay for the agreed upon increase. However, in such case where the actual costs are less than the estimate, the City shall promptly reimburse to Developer any amounts overpaid by the Developer. The Developer may request a statement of the account each month for review. C. Intentionally Deleted. VII. REMEDIES FOR BREACH A. The City shall give prior written notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within twenty (20) days after receipt of such written notice to it, the Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured, the City will proceed with the remedy it deems reasonably appropriate. B. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses reasonably incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may in writing direct the surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time Otter Lake Animal Care Center Site Performance Agreement page 7 of 10 reasonably acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. 2. Completion by the City. The City, after written notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work; provided that all such work is performed in a reasonable manner, the costs are reasonable and the work is completed in a good and workman-like manner and in accordance with the approved plans and specifications. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal to the reasonably estimated cost of completing the Work, plus the City's reasonably estimated expenses as defined herein, including any other reasonable costs, expenses, and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any reasonable costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be promptly returned to the Developer. VIII. OCCUPATION OF PREMISES The Developer agrees that it will not cause to be occupied any portion of the building or improvements to be constructed upon the premises until completion of the building and site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. IX. INSURANCE Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor’s work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy Otter Lake Animal Care Center Site Performance Agreement page 8 of 10 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. X. REIMBURSEMENT FOR LITIGATION EXPENSES The City and Developer agree that the prevailing party in any litigation pertaining to the enforcement of this Agreement shall be entitled to reimbursement from the non-prevailing party for all reasonable costs incurred by said prevailing party including court costs and reasonable engineering and attorneys' fees. XI. VALIDITY If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. XII. GENERAL A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. D. Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or (i) mailed by United States mail by certified mail (return receipt requested)or (ii) sent by nationally recognized overnight carrier to the addresses hereinbefore set forth on Page 1 . Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail or the overnight carrier in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notices given as above. E. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. Otter Lake Animal Care Center Site Performance Agreement page 9 of 10 F. Hours of Construction Activity. Construction activity shall be limited to the hours set out as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed XIII. VIOLATIONS/BUILDING PERMITS In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer, the City, at its option, and after providing written notice and opportunity to cure to Developer in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and/or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. DEVELOPER CITY OF LINO LAKES By _________________________ By _________________________ Wayne Scanlan Mayor 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 ) Otter Lake Animal Care Center Site Performance Agreement page 10 of 10 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 STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _______ day of _______________, 2019, before me, a Notary Public within and for said County, personally appeared, _______________________________, who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014