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HomeMy WebLinkAbout03-08-2021 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, March 8, 2021 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz City Administrator: Sarah Cotton COUNCIL WORK SESSION, 6:00 P.M. Council Chambers (not televised) 1. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call - Councilmembers Stoesz, Lyden, Cavegn, Ruhland and Mayor Rafferty were present  Pledge of Allegiance  Open Mike / Public Comment (in person or received in writing prior to meeting) There was no one present wishing to comment.  Setting the Agenda: Addition or Deletion of Agenda Items The agenda was approved as presented. SPECIAL PRESENTATION  Oath of Police Service – Police Officer, Georgia Carlson  Oath of Fire Service – Firefighters Brandon Byrne, Nick Clausen, Brett McReavy 1. CONSENT AGENDA A) Consideration of Expenditures: i) March 8, 2021 (Check No. 113940 through 114002) in the Amount of $96,622.35 B) Consider Approval of February 22, 2021 Work Session Minutes C) Consider Approval of February 22, 2021 Council Meeting Minutes D) Consider Approval of Peddler License for Pro Star Tree Care E) Consider Approval of Peddler License for Xfinity/Comcast F) Consider Resolution No. 21-18, Approving ACRED Cost Share Agreement, Michael Grochala G) Consider Approval of Springbrook Human Resources Module, Meg Sawyer Action Taken: Motion by Ruhland, seconded by Lyden, to approve Consent Agenda Items 1A through 1G as presented, was adopted Council Agenda -2- 2. FINANCE DEPARTMENT REPORT None 3. ADMINISTRATION DEPARTMENT REPORT None 4. PUBLIC SAFETY DEPARTMENT REPORT None 5. PUBLIC SERVICES DEPARTMENT REPORT A) Consider Resolution No. 21-16, Order Project, Approve Plans and Specifications, and Authorize Ad For Bids, Hard Court Facility at Birch Street and Centerville Road, Rick DeGardner Action Taken: Motion by Stoesz, seconded by Ruhland, to approve Resolution No. 21-16 as presented, was adopted; Cavegn and Lyden voted no B) Consider Resolution No. 21-17 Approving Contract with Northland Recreation Inc. for Lino Park and Clearwater Creek Park Playground Equipment, Rick DeGardner Action Taken: Motion by Lyden, seconded by Cavegn, to approve Resolution No. 21-17 as presented, was adopted 6. COMMUNITY DEVELOPMENT REPORT A) Bald Eagle Addition, Katie Larsen i) Consider Resolution No. 21-13 Approving Final Plat Action Taken: Motion by Cavegn, seconded by Stoesz, to approve Resolution No. 21-13 as presented, was adopted ii) Consider Resolution No. 21-14 Approving Development Agreement Action Taken: Motion by Cavegn, seconded by Stoesz, to approve Resolution No. 21-14 as presented, was adopted B) Consider Resolution No. 21-15 Approving Professional Services Proposal with Landform Professional Services, LLC for Zoning Ordinance and Map Updates, Katie Larsen Action Taken: Motion by Stoesz, seconded by Cavegn, to approve Resolution No. 21-15 as presented, was adopted C) Consider Resolution No. 21-19, Declaring Property a Public Nuisance, 6367 Ware Road, Michael Grochala Action Taken: Motion by Ruhland, seconded by Stoesz, to approve Resolution No. 21-19 as presented, was adopted 7. UNFINISHED BUSINESS None Council Agenda -3- 8. NEW BUSINESS None Adjournment Motion by Cavegn, seconded by Lyden, to adjourn at 7:16 p.m. was adopted Community Calendar – A Look Ahead March 8, 2021 through March 22, 2021 Wednesday, March 10 6:30 pm, Zoom Planning & Zoning Board Thursday, March 18 5:30 pm, Zoom/Chambers Special Council Work Session Monday, March 22 6:00 pm, Council Chambers Council Work Session Monday, March 22 6:30 pm, Council Chambers City Council Meeting Updated 3/5/2021 CITY COUNCIL AGENDA Monday, March 8, 2021 *********** 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz City Administrator: Sarah Cotton COUNCIL WORK SESSION, 6:00 P.M. Council Chambers (not televised) 1. Review Regular Agenda CITY COUNCIL MEETING, 6:30 P.M.  Call to Order and Roll Call  Pledge of Allegiance  Open Mike / Public Comment  Setting the Agenda: Addition or Deletion of Agenda Items SPECIAL PRESENTATION  Oath of Police Service – Police Officer, Georgia Carlson  Oath of Fire Service – Firefighters Brandon Byrne, Nick Clausen, Brett McReavy 1. CONSENT AGENDA A) Consideration of Expenditures: i) March 8, 2021 (Check No. 113940 through 114002) in the Amount of $96,622.35 B) Consider Approval of February 22, 2021 Work Session Minutes C) Consider Approval of February 22, 2021 Council Meeting Minutes D) Consider Approval of Peddler License for Pro Star Tree Care E) Consider Approval of Peddler License for Xfinity/Comcast F) Consider Resolution No. 21-18, Approving ACRED Cost Share Agreement, Michael Grochala G) Consider Approval of Springbrook Human Resources Module, Meg Sawyer 2. FINANCE DEPARTMENT REPORT None 3. ADMINISTRATION DEPARTMENT REPORT None Council Agenda -2- 4. PUBLIC SAFETY DEPARTMENT REPORT None 5. PUBLIC SERVICES DEPARTMENT REPORT A) Consider Resolution No. 21-16, Order Project, Approve Plans and Specifications, and Authorize Ad For Bids, Hard Court Facility at Birch Street and Centerville Road, Rick DeGardner B) Consider Resolution No. 21-17 Approving Contract with Northland Recreation Inc. for Lino Park and Clearwater Creek Park Playground Equipment, Rick DeGardner 6. COMMUNITY DEVELOPMENT REPORT A) Bald Eagle Addition, Katie Larsen i) Consider Resolution No. 21-13 Approving Final Plat ii) Consider Resolution No. 21-14 Approving Development Agreement B) Consider Resolution No. 21-15 Approving Professional Services Proposal with Landform Professional Services, LLC for Zoning Ordinance and Map Updates, Katie Larsen C) Consider Resolution No. 21-19, Declaring Property a Public Nuisance, 6367 Ware Road, Michael Grochala 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar – A Look Ahead March 8, 2021 through March 22, 2021 Wednesday, March 10 6:30 pm, Zoom Planning & Zoning Board Thursday, March 18 5:30 pm, Zoom/Chambers Special Council Work Session Monday, March 22 6:00 pm, Council Chambers Council Work Session Monday, March 22 6:30 pm, Council Chambers City Council Meeting Expenditures March 8, 2021 Check #113940 to #114002 $96,622.35 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 03/08/2021 City Council Meeting Vendor Fund/Dept Account Amount Check # Description AFLAC 101-000 101-000-2040-000 232.72 113945 February Insurance Premiums Central Pension Fund 101-000 101-000-2040-000 4,992.00 113940 Feb-21 Delta Dental of Minnesota 101-000 101-000-2040-000 785.86 113962 Dental Insurance Premiums Lincoln National Life Ins Co 101-000 101-000-2040-000 83.40 113979 Life Insurance Premiums Lincoln National Life Ins Co 101-000 101-000-2040-000 1,168.71 113979 Life Insurance Premiums Medica 101-000 101-000-2040-000 3,003.77 113982 Health Insurance Premiums NCPERS Group Life Insurance 101-000 101-000-2040-000 240.00 113941 February 2021 Life Insurance Premiums Medica 101-000 101-000-2041-000 7,554.82 113982 Health Insurance Premiums Delta Dental of Minnesota 101-000 101-000-2044-000 1,083.56 113962 Dental Insurance Premiums Lincoln National Life Ins Co 101-000 101-000-3416-000 0.14 113979 Life Insurance Premiums 101-000 Total 19,144.98 Medica 101-402 101-402-4131-000 538.42 113982 Health Insurance Premiums Lincoln National Life Ins Co 101-402 101-402-4133-000 99.05 113980 Disability Insurance Premiums Lincoln National Life Ins Co 101-402 101-402-4133-000 11.25 113979 Life Insurance Premiums Delta Dental of Minnesota 101-402 101-402-4134-000 89.89 113962 Dental Insurance Premiums First Advantage Occ. 101-402 101-402-4300-000 166.12 113964 Annual enrollment and drug testing Occupational Health Centers of MN P.C. 101-402 101-402-4300-000 94.00 113988 New Hire Testing Kennedy & Graven Chartered 101-402 101-402-4310-000 141.00 113973 Lino Lakes Officer 299A Claim 101-402 Total 1,139.73 Medica 101-407 101-407-4131-000 2,066.40 113982 Health Insurance Premiums Lincoln National Life Ins Co 101-407 101-407-4133-000 6.98 113979 Life Insurance Premiums Lincoln National Life Ins Co 101-407 101-407-4133-000 70.67 113980 Disability Insurance Premiums Delta Dental of Minnesota 101-407 101-407-4134-000 101.11 113962 Dental Insurance Premiums City of Roseville 101-407 101-407-4310-000 954.53 113959 Laserfiche License - M. Perrault 101-407 Total 3,199.69 Kennedy & Graven Chartered 101-415 101-415-4300-000 922.25 113973 Transfer of YMCA and Lakewood Apartments MN Metro North Tourism Board 101-415 101-415-4900-000 2,087.00 113985 January 2021 Tourism Tax 101-415 Total 3,009.25 Medica 101-416 101-416-4131-000 538.43 113982 Health Insurance Premiums Lincoln National Life Ins Co 101-416 101-416-4133-000 2.25 113979 Life Insurance Premiums Lincoln National Life Ins Co 101-416 101-416-4133-000 27.14 113980 Disability Insurance Premiums Delta Dental of Minnesota 101-416 101-416-4134-000 44.94 113962 Dental Insurance Premiums Critical Connections Ecological Services 101-416 101-416-4300-000 647.50 113961 General consulting 101-416 Total 1,260.26 Medica 101-418 101-418-4131-000 538.42 113982 Health Insurance Premiums Lincoln National Life Ins Co 101-418 101-418-4133-000 4.50 113979 Life Insurance Premiums Lincoln National Life Ins Co 101-418 101-418-4133-000 44.61 113980 Disability Insurance Premiums Delta Dental of Minnesota 101-418 101-418-4134-000 44.94 113962 Dental Insurance Premiums 101-418 Total 632.47 Medica 101-420 101-420-4131-000 19,322.49 113982 Health Insurance Premiums Lincoln National Life Ins Co 101-420 101-420-4133-000 64.23 113979 Life Insurance Premiums Lincoln National Life Ins Co 101-420 101-420-4133-000 747.13 113980 Disability Insurance Premiums Delta Dental of Minnesota 101-420 101-420-4134-000 1,103.32 113962 Dental Insurance Premiums Innovative Office Solutions LLC 101-420 101-420-4200-000 236.23 113970 Ink cartridge envelopes paper tape SHI International Corp 101-420 101-420-4200-000 268.00 113994 Microsoft Office License - Investigative Assistant Magtech Ammunition Inc. 101-420 101-420-4211-000 2,356.76 113981 9MM Luger - Qty 10 and ammunition Streicher's Inc. 101-420 101-420-4240-000 161.91 113996 Department Rifles UPS/United Parcel Service 101-420 101-420-4322-000 14.10 114000 Shipping postage Blue and Brown Backgrounds LLC 101-420 101-420-4330-000 900.00 113953 Tuition - Owens Boehme Klosner Aspen Mills Inc. 101-420 101-420-4370-000 370.87 113949 Uniform Allowance - K. Sinna Aspen Mills Inc. 101-420 101-420-4370-000 476.10 113949 Uniform Allowance - M. Rumpsa Baycom Inc. 101-420 101-420-4370-000 80.00 113951 Uniform Allowance - M. Carlson & A. Hallin Paulson Mathew 101-420 101-420-4370-000 104.24 113990 Uniform Allowance - M. Paulson - 2 pairs of work pants Streicher's Inc. 101-420 101-420-4370-000 119.99 113996 Uniform Allowance - N. Hamann Streicher's Inc. 101-420 101-420-4370-000 154.98 113996 Uniform Allowance - K. Sinna Streicher's Inc. 101-420 101-420-4370-000 95.99 113996 Uniform Allowance - V. Klosner Metro Sales Incorporated 101-420 101-420-4410-000 36.27 113984 Copier Maintenance Contract Ricoh/MP 4055SP Copier Trans Union LLC 101-420 101-420-4410-000 66.00 113998 Background Checks 101-420 Total 26,678.61 Page 1 AP Checks by Account Number 03/08/2021 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Medica 101-421 101-421-4131-000 742.64 113982 Health Insurance Premiums Lincoln National Life Ins Co 101-421 101-421-4133-000 52.48 113980 Disability Insurance Premiums Lincoln National Life Ins Co 101-421 101-421-4133-000 4.40 113979 Life Insurance Premiums Delta Dental of Minnesota 101-421 101-421-4134-000 42.69 113962 Dental Insurance Premiums Trans Union LLC 101-421 101-421-4410-000 32.70 113998 Background Checks 101-421 Total 874.91 Medica 101-422 101-422-4131-000 1,109.71 113982 Health Insurance Premiums Lincoln National Life Ins Co 101-422 101-422-4133-000 7.87 113979 Life Insurance Premiums Lincoln National Life Ins Co 101-422 101-422-4133-000 80.63 113980 Disability Insurance Premiums Delta Dental of Minnesota 101-422 101-422-4134-000 67.41 113962 Dental Insurance Premiums 101-422 Total 1,265.62 Medica 101-430 101-430-4131-000 2,699.36 113982 Health Insurance Premiums Lincoln National Life Ins Co 101-430 101-430-4133-000 14.06 113979 Life Insurance Premiums Lincoln National Life Ins Co 101-430 101-430-4133-000 125.77 113980 Disability Insurance Premiums Delta Dental of Minnesota 101-430 101-430-4134-000 191.01 113962 Dental Insurance Premiums Anoka County Treasury Office 101-430 101-430-4211-000 912.00 113947 16 SMART batteries Hugo Equipment Company 101-430 101-430-4211-000 254.82 113969 Replacement logging helmets Menards - Forest Lake 101-430 101-430-4211-000 127.93 113983 Screws wood organizer and tool bag Menards - Forest Lake 101-430 101-430-4211-000 125.97 113983 Shop vacuum and attachments Cargill Inc. 101-430 101-430-4228-000 2,019.44 113956 Deicer - 46 600 LB Safe-Fast Inc. 101-430 101-430-4370-000 25.90 113992 Uniform Allowance - R. Boldt Xcel Energy 101-430 101-430-4385-000 4,153.94 114002 Electric-Street Lights 101-430 Total 10,650.20 Medica 101-431 101-431-4131-000 1,084.08 113982 Health Insurance Premiums Lincoln National Life Ins Co 101-431 101-431-4133-000 4.95 113979 Life Insurance Premiums Lincoln National Life Ins Co 101-431 101-431-4133-000 44.63 113980 Disability Insurance Premiums Delta Dental of Minnesota 101-431 101-431-4134-000 98.88 113962 Dental Insurance Premiums Aramark Uniform & Career Apparel Group Inc. 101-431 101-431-4211-000 92.71 113948 Towels Safety-Kleen Systems Inc. 101-431 101-431-4211-000 50.42 113993 Solvent 101-431 Total 1,375.67 Wipers & Wipes Inc. 101-432 101-432-4211-000 299.84 114001 Toilet tissue and paper towels Menards - Forest Lake 101-432 101-432-4211-500 35.42 113983 Parts for new heater Grainger 101-432 101-432-4211-503 73.41 113966 Air bypass and air relief - City Hall compressor Nardini Fire Equipment Co 101-432 101-432-4300-000 77.20 113987 Recharge fire extinguisher and inspection Anoka County Treasury Office 101-432 101-432-4300-500 75.00 113947 Site 115 Mar 2021 Cac Fiber Anoka County Treasury Office 101-432 101-432-4300-501 75.00 113947 Site 116 Mar 2021 Cac Fiber NAC Mechanical & Electrical 101-432 101-432-4300-502 747.00 113986 Temperature control programming Aid Electric Corporation 101-432 101-432-4300-503 800.18 113946 Office lights for K. Larsen Anoka County Treasury Office 101-432 101-432-4300-503 75.00 113947 Site 117 Mar 2021 Cac Fiber Electro Watchman Inc. 101-432 101-432-4300-503 394.48 113963 Install replacement reader on door TDS Metrocom MN 101-432 101-432-4321-000 203.41 113997 Phone Services CenturyLink 101-432 101-432-4321-503 59.36 113957 Phone - Fire Protection Equipment Olson's Sewer Service Inc. 101-432 101-432-4410-000 425.00 113989 Wastewater removal and disposal at Public Works Premium Waters Inc. 101-432 101-432-4410-500 49.74 113991 Kandiyohi Water Aramark Uniform & Career Apparel Group Inc. 101-432 101-432-4410-503 314.90 113948 Mats CES Imaging 101-432 101-432-4410-503 80.00 113958 February Plotter/Scanner Maintenance Star Tribune 101-432 101-432-4410-503 197.60 113995 3/1/21-2/28/22 = 52 weeks of newspaper 101-432 Total 3,982.54 Medica 101-450 101-450-4131-000 1,453.75 113982 Health Insurance Premiums Lincoln National Life Ins Co 101-450 101-450-4133-000 11.13 113979 Life Insurance Premiums Lincoln National Life Ins Co 101-450 101-450-4133-000 99.43 113980 Disability Insurance Premiums Delta Dental of Minnesota 101-450 101-450-4134-000 177.52 113962 Dental Insurance Premiums 101-450 Total 1,741.83 Medica 101-461 101-461-4131-000 201.91 113982 Health Insurance Premiums Lincoln National Life Ins Co 101-461 101-461-4133-000 0.85 113979 Life Insurance Premiums Lincoln National Life Ins Co 101-461 101-461-4133-000 10.01 113980 Disability Insurance Premiums Delta Dental of Minnesota 101-461 101-461-4134-000 16.85 113962 Dental Insurance Premiums Critical Connections Ecological Services 101-461 101-461-4300-000 740.00 113961 General consulting 101-461 Total 969.62 Page 2 AP Checks by Account Number 03/08/2021 City Council Meeting Vendor Fund/Dept Account Amount Check # Description Medica 101-462 101-462-4131-000 134.61 113982 Health Insurance Premiums Lincoln National Life Ins Co 101-462 101-462-4133-000 0.56 113979 Life Insurance Premiums Lincoln National Life Ins Co 101-462 101-462-4133-000 6.68 113980 Disability Insurance Premiums Delta Dental of Minnesota 101-462 101-462-4134-000 11.24 113962 Dental Insurance Premiums 1st Choice Document Destruction 101-462 101-462-4410-000 600.00 113944 Paper and cardboard recycling - 1700 pounds 101-462 Total 753.09 Medica 101-463 101-463-4131-000 201.91 113982 Health Insurance Premiums Lincoln National Life Ins Co 101-463 101-463-4133-000 0.84 113979 Life Insurance Premiums Lincoln National Life Ins Co 101-463 101-463-4133-000 10.01 113980 Disability Insurance Premiums Delta Dental of Minnesota 101-463 101-463-4134-000 16.85 113962 Dental Insurance Premiums 101-463 Total 229.61 Guaranty Commercial Title Inc. 202-451 202-451-4300-000 85.00 113942 Rec Center Title Recording Fee 202-451 Total 85.00 Streicher's Inc. 207-420 207-420-4240-000 237.96 113996 Riot gear - batons baton holder chest protector shin guards Streicher's Inc. 207-420 207-420-4240-000 237.96 113996 Riot gear - batons baton holder chest protector shin guards Streicher's Inc. 207-420 207-420-4240-000 341.36 113996 Riot gear - batons baton holder chest protector shin guards Streicher's Inc. 207-420 207-420-4240-000 237.96 113996 Riot gear - batons baton holder chest protector shin guards 207-420 Total 1,055.24 Twin Cities Transport & Recovery 208-420 208-420-4300-000 185.00 113999 ICR# 21-032351 - Tow and recovery charge 208-420 Total 185.00 Baker Tilly Municipal Advisors LLC 332-470 332-470-4300-000 318.18 113950 2020 Continuing Disclosure Services 332-470 Total 318.18 Baker Tilly Municipal Advisors LLC 335-470 335-470-4300-000 318.18 113950 2020 Continuing Disclosure Services 335-470 Total 318.18 Baker Tilly Municipal Advisors LLC 336-470 336-470-4300-000 318.18 113950 2020 Continuing Disclosure Services 336-470 Total 318.18 Baker Tilly Municipal Advisors LLC 337-470 337-470-4300-000 318.18 113950 2020 Continuing Disclosure Services 337-470 Total 318.18 Baker Tilly Municipal Advisors LLC 338-470 338-470-4300-000 318.18 113950 2020 Continuing Disclosure Services 338-470 Total 318.18 Baker Tilly Municipal Advisors LLC 339-470 339-470-4300-000 318.20 113950 2020 Continuing Disclosure Services 339-470 Total 318.20 Baker Tilly Municipal Advisors LLC 341-470 341-470-4300-000 318.18 113950 2020 Continuing Disclosure Services 341-470 Total 318.18 Baker Tilly Municipal Advisors LLC 342-470 342-470-4300-000 318.18 113950 2020 Continuing Disclosure Services 342-470 Total 318.18 Baker Tilly Municipal Advisors LLC 343-470 343-470-4300-000 318.18 113950 2020 Continuing Disclosure Services 343-470 Total 318.18 Baker Tilly Municipal Advisors LLC 344-470 344-470-4300-000 318.18 113950 2020 Continuing Disclosure Services 344-470 Total 318.18 Baker Tilly Municipal Advisors LLC 345-470 345-470-4300-000 318.18 113950 2020 Continuing Disclosure Services 345-470 Total 318.18 SHI International Corp 403-416 403-416-4240-000 205.00 113994 Docking Station - K. Larsen 403-416 Total 205.00 BINDER TONY 406-000 406-000-2020-000 1.01 113952 Refund Check 007819-000 505 MARSHAN CT LENNAR 406-000 406-000-2020-000 7.00 113975 Refund Check 020277-000 7284 WATERMARK WAY LENNAR 406-000 406-000-2020-000 3.22 113976 Refund Check 020275-000 2040 DIAMOND LN LENNAR 406-000 406-000-2020-000 4.78 113977 Refund Check 020347-000 2044 DIAMOND LN LENNAR 406-000 406-000-2020-000 4.11 113978 Refund Check 020343-000 2051 BALSAM WAY 406-000 Total 20.12 Critical Connections Ecological Services 422-499 422-499-4300-000 487.55 113961 General consulting 422-499 Total 487.55 BINDER TONY 601-000 601-000-2020-000 8.54 113952 Refund Check 007819-000 505 MARSHAN CT BINDER TONY 601-000 601-000-2020-000 0.25 113952 Refund Check 007819-000 505 MARSHAN CT IVY RIDGE HOME BUILDERS 601-000 601-000-2020-000 88.18 113972 Refund Check 020132-000 6734 IVYWOOD AVE LENNAR 601-000 601-000-2020-000 1.70 113975 Refund Check 020277-000 7284 WATERMARK WAY LENNAR 601-000 601-000-2020-000 9.35 113975 Refund Check 020277-000 7284 WATERMARK WAY LENNAR 601-000 601-000-2020-000 0.78 113976 Refund Check 020275-000 2040 DIAMOND LN LENNAR 601-000 601-000-2020-000 24.31 113976 Refund Check 020275-000 2040 DIAMOND LN Page 3 AP Checks by Account Number 03/08/2021 City Council Meeting Vendor Fund/Dept Account Amount Check # Description LENNAR 601-000 601-000-2020-000 1.16 113977 Refund Check 020347-000 2044 DIAMOND LN LENNAR 601-000 601-000-2020-000 1.87 113977 Refund Check 020347-000 2044 DIAMOND LN LENNAR 601-000 601-000-2020-000 1.87 113978 Refund Check 020343-000 2051 BALSAM WAY LENNAR 601-000 601-000-2020-000 1.00 113978 Refund Check 020343-000 2051 BALSAM WAY 601-000 Total 139.01 Medica 601-494 601-494-4131-000 1,510.54 113982 Health Insurance Premiums Lincoln National Life Ins Co 601-494 601-494-4133-000 7.29 113979 Life Insurance Premiums Lincoln National Life Ins Co 601-494 601-494-4133-000 66.26 113980 Disability Insurance Premiums Delta Dental of Minnesota 601-494 601-494-4134-000 142.69 113962 Dental Insurance Premiums Bluetarp Financial Inc. 601-494 601-494-4211-000 14.94 113954 Thermo coupler Well 3 Heater Frattallone's/Circle Pines Ace 601-494 601-494-4211-000 15.49 113965 Extension cord Grainger 601-494 601-494-4211-000 32.98 113966 Well 3 thermostat Grainger 601-494 601-494-4211-000 42.76 113966 Vent wheel for Well heater Grainger 601-494 601-494-4211-000 392.38 113966 Vent motor Well 3 - Qty 2 Hach Company 601-494 601-494-4222-000 770.00 113967 Water spectrophotometer bench service and calibration Hawkins Family Trust 601-494 601-494-4222-000 3,738.35 113968 150 LB Chlorine Cylinder Comcast 601-494 601-494-4321-000 125.24 113960 Phone & Internet - 1180 Birch St TDS Metrocom MN 601-494 601-494-4321-000 39.81 113997 Phone Services Circle Pines Post Office 601-494 601-494-4322-000 389.39 113943 UB Postage 601-494 Total 7,288.12 BINDER TONY 602-000 602-000-2020-000 0.43 113952 Refund Check 007819-000 505 MARSHAN CT BINDER TONY 602-000 602-000-2020-000 5.66 113952 Refund Check 007819-000 505 MARSHAN CT LENNAR 602-000 602-000-2020-000 7.49 113975 Refund Check 020277-000 7284 WATERMARK WAY LENNAR 602-000 602-000-2020-000 38.99 113975 Refund Check 020277-000 7284 WATERMARK WAY LENNAR 602-000 602-000-2020-000 17.95 113976 Refund Check 020275-000 2040 DIAMOND LN LENNAR 602-000 602-000-2020-000 3.45 113976 Refund Check 020275-000 2040 DIAMOND LN LENNAR 602-000 602-000-2020-000 5.11 113977 Refund Check 020347-000 2044 DIAMOND LN LENNAR 602-000 602-000-2020-000 26.61 113977 Refund Check 020347-000 2044 DIAMOND LN LENNAR 602-000 602-000-2020-000 22.90 113978 Refund Check 020343-000 2051 BALSAM WAY LENNAR 602-000 602-000-2020-000 4.40 113978 Refund Check 020343-000 2051 BALSAM WAY 602-000 Total 132.99 Medica 602-495 602-495-4131-000 1,510.56 113982 Health Insurance Premiums Lincoln National Life Ins Co 602-495 602-495-4133-000 7.34 113979 Life Insurance Premiums Lincoln National Life Ins Co 602-495 602-495-4133-000 66.26 113980 Disability Insurance Premiums Delta Dental of Minnesota 602-495 602-495-4134-000 142.69 113962 Dental Insurance Premiums Interstate Power Systems Inc. 602-495 602-495-4300-000 600.00 113971 Generator labor Circle Pines Post Office 602-495 602-495-4322-000 389.39 113943 UB Postage 602-495 Total 2,716.24 KLM Engineering Inc. 801-000 801-000-2300-000 1,500.00 113974 T-Mobile - Tower No. 1 - Antenna Drawing Review KLM Engineering Inc. 801-000 801-000-2300-000 1,500.00 113974 T-Mobile - Main St. Monopole - Antenna Drawing Review Boulder Contracting LLC 801-000 801-000-2318-000 900.00 113955 Escrow Release - 2111 Chestnut St 801-000 Total 3,900.00 Grand Total 96,622.35 Page 4 Electronic Funds Transfer MN Statute 471.38 Subd. 3 Council Meeting March 8, 2021 Transfer In/(Out) 2/18/2021 Wire from 4M (Gen Acct) 500,000.00 2/19/2021 Payroll #04 (136,629.49) 2/19/2021 Payroll #04 Federal Deposit (40,631.41) 2/19/2021 Payroll #04 PERA (44,548.86) 2/19/2021 Payroll #04 State (9,388.66) 2/19/2021 Payroll #04 Child Support (276.29) 2/19/2021 Payroll #04 H.S.A. Bank Pretax (3,188.18) 2/19/2021 Payroll #04 TASC Pretax (749.96) 2/19/2021 Payroll #04 ICMA 457 Def. Comp #301596 (3,845.00) 2/19/2021 Payroll #04 ICMA Roth IRA #706155 (515.75) 2/19/2021 Payroll #04 MSRS HCSP #98946-01 (3,273.10) 2/19/2021 Payroll #04 MSRS Def. Comp #98945-01 (3,210.00) 2/19/2021 Payroll #04 MSRS Roth IRA #98945-01 (675.00) CITY COUNCIL WORK SESSION DRAFT 1 CITY OF LINO LAKES 1 MINUTES 2 3 DATE : February 22, 2021 4 TIME STARTED : 6:00 p.m. 5 TIME ENDED : 6:30 p.m. 6 MEMBERS PRESENT : Council Member Stoesz, Lyden, Ruhland, 7 Cavegn and Mayor Rafferty 8 MEMBERS ABSENT : None 9 Staff members present: City Administrator Sarah Cotton; Director of Public Safety John 10 Swenson; Finance Director Hannah Lynch; City Clerk Julie Bartell 11 12 1. Review Regular Agenda of February 22, 2021 13 14 Item 2A – Preparation of Utility Rate Study – Finance Officer Lynch recalled July of 15 2020 when the council reviewed a water treatment feasibility study and directed staff to 16 explore funding sources. Staff received eight proposals for a utility rate study and is 17 recommending that the council authorize Baker Tilly to prepare said study. She noted 18 that the Baker Tilly organization prepared that last two rate studies for the City. 19 20 Councilmember Stoesz expressed interest in including study of a flat utility rate and Ms. 21 Lynch responded that options to be studied beyond the two indicated would result in 22 additional costs so would be done only based on direction from council. Councilmember 23 Stoesz added that he sees that customers in a quarterly billing system don’t get quick 24 feedback on their use (such as for consideration of conservation) so a flat rate may be 25 more appropriate. 26 27 Administrator Cotton noted that the matter of reading meters more frequently is currently 28 being planned. 29 30 Mayor Rafferty remarked that utility billing postage isn’t cheap so he would be concerned 31 about any inclination to not continue quarterly billing. 32 33 Administrator Cotton explained further details about technology in the area of meter 34 reading and billing that is available. That’s not to say that quarterly billing doesn’t 35 continues to be the best practice for the City. 36 37 Councilmember Ruhland asked about the possibility of charging for those that choose not 38 to go paperless. Ms. Cotton added that as new residents move in, the City is seeing 39 more automatic billing and payment as their choice. 40 41 Staff added, regarding the discussion about flat rates, that the vast majority (98%) of 42 residents fit into the same lower tier. Staff can have Baker Tilly look at a uniform 43 system (non-tiered) if the council wishes. 44 CITY COUNCIL WORK SESSION DRAFT 2 45 Ms. Lynch indicated that she is comfortable with study for a two tiered system but she 46 understands that there could be value in looking outside of that. 47 48 Councilmember Cavegn asked if there is a cost to adding more options. Ms. Lynch 49 estimated that it could be $2,000 to $5,000 per additional view. 50 51 Councilmember Ruhland said he agrees that it’s difficult to see conservation seriously 52 when there isn’t a smart meter; a paperless billing done more frequently could address 53 that concern. Ms. Cotton remarked that, as she’s noted, it would concern her to look at 54 monthly billing due to the additional resources required. 55 56 EXPENDITURES – Mayor Rafferty asked how the car wash contract is working for the 57 City fleet. Director Swenson indicated it works fine as long as facilities are available; he 58 has directed his staff to utilize the car wash contract as they believe is needed. 59 60 The meeting was adjourned at 6:30 p.m. 61 62 These minutes were considered, corrected and approved at the regular Council meeting held on 63 March 8, 2021. 64 65 66 67 68 Julianne Bartell, City Clerk Rob Rafferty, Mayor 69 70 COUNCIL MINUTES DRAFT 1 1 LINO LAKES CITY COUNCIL 2 REGULAR MEETING 3 MINUTES 4 5 DATE : February 22, 2021 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 6:40 p.m. 8 MEMBERS PRESENT : Councilmember Stoesz, Lyden, 9 Ruhland, Cavegn and Mayor Rafferty 10 MEMBERS ABSENT : 11 12 Staff members present: City Administrator Sarah Cotton; Finance Director Hannah Lynch; Public 13 Safety Director John Swenson; City Clerk Julie Bartell 14 15 PUBLIC COMMENT 16 There were no public comments. 17 SETTING THE AGENDA 18 The agenda was approved as presented. 19 CONSENT AGENDA 20 Councilmember Cavegn moved to approve the Consent Agenda, Items 1A through 1F as presented. 21 Councilmember Lyden seconded the motion. Motion carried on a voice vote. 22 23 ITEM ACTION 24 Consideration of Expenditures: 25 A) February 22, 2021 (Check No. 113851 through 113939) in the 26 Amount of $642,771.94 Approved 27 B) Consider Approval of February 1, 2021 Council 28 Work Session Minutes Approved 29 C) Consider Approval of February 8, 2021, 2021 Council 30 Minutes 31 D) Consider Approval of February 8, 2021 Council 32 Work Session Minutes Approved 33 E) Consider Resolution No. 21-10, Approving Wetland Credit 34 Sale, TEG Land Holdings Approved 35 F) Consider Resolution No. 21-11, Accepting Conveyance of 36 YMCA Property and Approving Execution of Documents Approved 37 FINANCE DEPARTMENT REPORT 38 2A) Consider Resolution No. 21-12, Authorizing Preparation of Utility Rate Study – Finance 39 Director Lynch reviewed her written staff report indicating a previous staff direction from the council 40 COUNCIL MINUTES DRAFT 2 to seek a utility rate study and the staff recommendation currently to enter into a contract with Baker 41 Tilly for such a study. 42 Mayor Rafferty remarked that there has been discussion previously at the work session on the details 43 of going forward with a rate study. 44 Councilmember Stoesz asked about other proposals received and Ms. Lynch indicated the only lower 45 bid was received from an organization less qualified to conduct the study. Councilmember Stoesz 46 also asked that staff investigate the cost of adding a flat rate element to the study, to be reported to the 47 council. 48 Councilmember Lyden asked staff to report on the last time utility rates were changed and Ms. Lynch 49 indicated the last increase occurred in 2015, based on the results of a rate study in 2012. 50 Councilmember Stoesz moved to approve Resolution No. 21-12 as presented with the understanding 51 that the option of a flat rate will be costed and reported to the council. Councilmember Ruhland 52 seconded the motion. Motion carried on a voice vote. 53 ADMINISTRATION DEPARTMENT REPORT 54 There was no report from the Administration Department. 55 PUBLIC SAFETY DEPARTMENT REPORT 56 There was no report from the Public Safety Department. 57 PUBLIC SERVICES DEPARTMENT REPORT 58 There was no report from the Public Services Department. 59 COMMUNITY DEVELOPMENT REPORT 60 There was no report from the Community Development Department. 61 UNFINISHED BUSINESS 62 There was no Unfinished Business. 63 64 NEW BUSINESS 65 There was no New Business. 66 67 COMMUNITY EVENTS 68 There were no events announced. 69 COMMUNITY CALENDAR 70 Community Calendar – A Look Ahead 71 February 22, 2021 through March 8, 2021 72 73 Monday, March 1 6:00 pm, Council Chambers Council Work Session 74 Wednesday, March 3 6:30 pm, Zoom Park Board 75 Thursday, March 4 8:00 am, Zoom EDAC 76 Monday, March 8 6:00 pm, Council Chambers Council Work Session 77 Monday, March 8 6:30 pm, Council Chambers City Council Meeting 78 79 COUNCIL MINUTES DRAFT 3 ADJOURN 80 81 There being no further business, Councilmember Stoesz moved to adjourn at 6:40 p.m. 82 Councilmember Lyden seconded the motion. Motion carried on a voice vote. 83 84 These minutes were considered and approved at the regular Council Meeting on March 8, 2021. 85 86 87 88 89 Julianne Bartell, City Clerk Rob Rafferty, Mayor 90 91 CITY COUNCIL AGENDA ITEM 1D STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk MEETING DATE: March 8, 2021 TOPIC: Resolution No. 21-22, Approving a Peddler License for Pro Star Tree Care VOTE REQUIRED: 3/5 BACKGROUND Pro Star Tree Care, 32512 173rd Street, Pierz, Minnesota has submitted a peddler’s license application to the City Clerk's office. The company representative who would be working in Lino Lakes, Mr. Randy Lust, plans to travel through the Lino Lakes’ neighborhoods going door to door handing out flyers and promoting tree services. The City has received a Preparedness Plan as well as all the necessary forms required to issue this company a license and indicates no reason to deny the application. The application and all other required information is on file in the City Clerk's office for review. RECOMMENDATION Approve Resolution No. 21-22, approving the issuance of a Peddler License for a six month period. CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 21-22 APPROVING A PEDDLER LICENSE FOR PRO STAR TREE CARE WHEREAS, Pro Star Tree Care has submitted a peddlers license application to the city clerk's office; and WHEREAS, Pro Star Tree Care has complied with all of the provisions of Chapter 613 of the Lino Lakes City Code for obtaining the necessary license for a for-profit business; and WHEREAS, Pro Star Tree Care has filed a Preparedness Plan with the City Clerk’s office. WHEREAS, a background check on the company representative Randy Lust has been completed by the Public Safety Department in the past 12 months; NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the request of Mr. Randy Lust, owner of Pro Star Tree Care to sell services door to door for a period of six-months. Adopted by the Council of the City of Lino Lakes this 8th day of March, 2021 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: _____________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 1E STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk MEETING DATE: March 8, 2021 TOPIC: Resolution No. 21-23, Approving a Peddler License for Xfinity/Comcast VOTE REQUIRED: 3/5 BACKGROUND Xfinity/Comcast, located at 6901 Winnetka Avenue North, Brooklyn Park, MN has submitted a peddler’s license application to the City Clerk's office. The company representative who would be working in Lino Lakes, Mr. Sounontha Yabandith, plans to travel through the Lino Lakes’ neighborhoods going door to door offering services such as TV, internet, phone and home security. The City has received a Preparedness Plan as well as all the necessary forms required to issue this company a license and indicates no reason to deny the application. The application and all other required information is on file in the City Clerk's office for review. RECOMMENDATION Approve Resolution No. 21-23, approving the issuance of a Peddler License for a six month period. CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 21-23 APPROVING A PEDDLER LICENSE FOR XFINITY/COMCAST WHEREAS, Xfinity/Comcast has submitted a peddlers license application to the city clerk's office; and WHEREAS, Xfinity/Comcast has complied with all of the provisions of Chapter 613 of the Lino Lakes City Code for obtaining the necessary license for a for-profit business; and WHEREAS, Xfinity/Comcast has filed a Preparedness Plan with the City Clerk’s office. WHEREAS, a background check on the company representative Sounontha Yabandith has been completed by the Public Safety Department in the past 6 months; NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the request of Mr. Sounontha Yabandith, of Xfinity/Comcast to sell services door to door for a period of six-months. Adopted by the Council of the City of Lino Lakes this 8th day of March, 2021 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: _____________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 1F STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: March 8, 2021 TOPIC: Consider Resolution No. 21-18, Approving 2021 Voluntary Cost Sharing Agreement, Anoka County Regional Economic Development Partnership VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council consideration to approve the Voluntary Cost Share Agreement for participation in the Anoka County Regional Economic Development Partnership. BACKGROUND In October of 2018, the City Council approved the Memorandum of Understanding (MOU) establishing the Anoka County Regional Economic Development partnership. Participants include Anoka County, Connexus Energy, North Metro Chamber of Commerce, and all 21 municipalities and townships within Anoka County. The purpose of the partnership is to market and promote economic development within Anoka County. The 2019 cost share approved by the City Council was $1,193. The 2021 budget, recommended by the partnership’s executive committee following review by member communities, remains at $20,000.00. Lino Lake’s share for 2021 also remains at $1,193. The proposed budget includes the following activities: • Minnesota Commercial Association of Real Estate (MNCAR) Exchange property listing and report access • Annual hosting costs for website maintenance and updates • Multiple real estate event sponsorships and panel presentations • Marketing Materials • Annual broker and business leader programs The City’s share of funding is included in the 2021 Economic Development budget. The partnership is continuing to be a valuable economic development resource for the City. RECOMMENDATION Staff is recommending approval of Resolution No. 21-18, Approving the Voluntary Cost Sharing Agreement for 2021. ATTACHMENTS 1. Resolution No. 21-18 2. Cost Share Agreement 3. 2021 ACRED Budget 4. 2020 ACRED Summary of Work 5. ACRED 2021 Strategic Plan CITY OF LINO LAKES RESOLUTION NO. 21-18 APPROVING VOLUNTARY COST SHARING AGREEEMENT ANOKA COUNTY REGIONAL ECONOMIC DEVELOPMENT PARTNERSHIP WHEREAS, the County of Anoka, Connexus Energy, and; MetroNorth Chamber of Commerce, identified a need to promote economic development in Anoka County; and WHEREAS, the County, Connexus Energy and MetroNorth Chamber and 21 Communities within Anoka County entered into a Memorandum of Understanding (“MOU”) establishing a partnership to promote economic development within the County, and WHEREAS, the MOU provides for cost sharing between the municipalities of Anoka County to support continued services promoting the county-wide economic development initiative; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA, that the 2021 Voluntary Cost sharing Agreement is hereby approved and the Mayor and City Clerk are authorized to execute the agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 8th day of March, 2021. 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: _____________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk ACHRA Contract # C0007031 Addendum 36 1 VOLUNTARY COST SHARING AGREEMENT FOR ANOKA COUNTY ECONOMIC DEVELOPMENT THIS AGREEMENT is made between the County of Anoka, a political subdivision of the State of Minnesota (“County”), and the undersigned participating municipality (“City”), a municipal corporation organized under the laws of the State of Minnesota. WITNESSETH WHEREAS, the County and the City, along with other community partners, entered into a Memorandum of Agreement (“MOU”) on January 1, 2019, to set goals, create an action plan, and implement shared objectives in promoting economic development within Anoka County; WHEREAS, the MOU addresses the need for cost sharing between the County and municipalities of Anoka County to support continued services for website services, social media support, marketing assistance, and future services related to the county-wide economic development initiative; WHEREAS, an annual budget for the above activities was developed, including a formula for participating municipalities to provide proportional cost sharing based upon its population; NOW, THEREFORE, the parties understand and mutually agree as follows: 1. The budget for services related to website services, social media, marketing, and other supportive activities required for economic development, is currently set at $20,000.00 for calendar year 2021. 2. For 2021, the City agrees to contribute the sum of $0.057 per individual resident within its city limits, as a voluntary contribution to the economic development costs described above. 3. The City shall provide such payment annually, by the end of the first quarter in each calendar year, beginning in 2021. 4. Each calendar year, the County will provide an annual budget and proposed formula for the City’s use in calculating its contributions under this Agreement. 5. The City may opt out or cancel this Agreement by providing 30 days’ written notice to the County Administrator: Rhonda Sivarajah, 2100 Third Avenue, Ste. 700, Anoka, MN 55303. 6. This agreement shall terminate concurrently with the MOU, unless a City chooses to opt out or cancel this agreement prior to its expiration, as provided above. ACHRA Contract # C0007031 Addendum 36 2 IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below: ANOKA COUNTY: CITY: Lino Lakes By: _______________________________ By: _____________________________ Scott Schulte, Board Chair Dated: _____________________________ Dated: ___________________________ By: ________________________________ By: _____________________________ Karen Skepper , Executive Director ACHRA Dated: _____________________________ Dated: ___________________________ APPROVED AS TO FORM By: ______________________________ Christine Carney Assistant County Attorney 2021 Budget Change from 2020 budget $8,200 Same $700 Fee has increased $75 $1,460 Increased $260 to cover increased bandwidth with video and dashboard on the website $840 New item, was included in Marketing dollars in 2020. Cost has not changed for this service from 2020. $11,200 $2,700 Increase from 2020 - allows for flexibility with marketing subcommittee and events especially with variations in in-person or online event costs $1,100 Same - event may look different in 2021, but planning for an in-person event option later in the year $4,500 Same MN Real Estate Journal - Event sponsorship and panel presentations - Connect with the regions brokers and developers at events that are often highly attended and informative. Cities can attend, or participate. Four events will be sponsored with a panel presence at each event Minnesota Marketing Partnership - Anoka County will remain part of the metropolitan economic development leaders to influence Minnesota's economic development marketing strategy, increase Anoka County's visibility and brand, bridge Minnesota Marketing with County- wide marketing, and access to exclusive site selector events. MNCAR Properties Listing - Available site search engine on website, and access to pull property information for RFP's or pull data for businesses such as traffic counts, area demographics, etc. Ability for cities to list key development sites or buildings 2021 Anoka County Regional Economic Development Budget Outline Additional Budget Items Fixed Cost Total Fixed Cost MNCAR Booth, October - Largest broker/development summit gathering of the year through MNCAR. Over 600 in attendance. Marketing Activities - Industry events chosen by marketing subcommittee, marketing materials or banners, 3M/PGA open items, etc. Or additional event attendances/sponsorships Constant Contact - contact management and email distribution system Annual Cost to host website (iceberg) - hosting and maintenance service for website $1,000 $0 Decrease $800 from 2020 budget - still host the event - online option or if in person, obtain sponsors to cover cost - work with Marketing Subcommittee to allocate funds if needed $1,500 Increase $25 from 2020. Plan for in-person, but lower attendance $0 Not allocated in 2020 Budget. Online event planned. If in person attendance event is planned later 2021, funds could be used from marketing budget if approved by Subcommittee $22,000 $20,000 $2,000Connexus Contribution Conduct Annual Business Summit Banking/Credit Union Event MN Tech Corridor Stakeholder Event UpRiver Event City Share Total ACRED Events 2020 Highlights of ACRED Partnership Marketing Tools • ACRED Website updates: COVID relief page, COVID relief ma trix, new events page, and event resource pages and incentives page update • Marketing video with Sky Eye Films – on the website main page and regional profile pages • LinkedIn follows up 44% (102 to 147 followers) • New Constant Contact data base. Contact database grew by 43% - 190 new real estate contacts, 2 20 new business contacts, 80 other stakeholder contacts (DEED, other Economic Development organizations, etc.) • MN Technology Corridor – New property study t o further shovel readiness in the corridor and existing corridor partnerships (Excipio study) responded to four requests for proposals, engaged Greater MSP to further the corridor awareness and gather additional data about regional competitiveness, and hosted stakeholder meetings. Events • Sponsored & Attended MN Real Estate Journal Events o Virtual Economic Development Update (Apr 27 ) o Virtual Data Event (June 16) o Virtual North Metro Summit (September 2 ) o Hybrid Land Development Summit (Oct 13) o Hybrid Industrial Summit (Nov 13) o Virtual Redevelopment Summit (Dec 8 ) • 3M/PGA Open Event (July 20th ) – promoted the county opportunities for development with an email to what would have been potential attendees at the 3M/PGA Tent • Business Summit (virtual) – November 17th Promoted resources for businesses to sustain, survive or grow as they head into 2021. PowerPoint , and event resources are uploaded on the ACRED website. (68 attendees) • UpRiver Rea l Estate (virtual) December 16th Promoted energy incentives ava ilable for projects, recent success projects in the county and how cit y partnerships played a role, and the Tech Corridor – Excipio project study. The event recording, presenter documents, and event resources are uploaded on the ACRED website. (72 attendees) • Additional Event Presentations on the ACRED Partnership included : MN Real Estate Exchangers event in February, Chamber presentations and updates, Anoka Technical College and Anoka Ramsey Community College Business Forums and Rotary presentations ACRED Partnership Meetings ACRED held meeting s throughout the year with area stakeholder to discuss i tems such as the C ares Act, Right -of-way permits, and more. In addition to these meetings, there were three strategic city partner meetings to cover the following items: • County Department Workshop o Navigating various departments at the county and opportunities for collaboration. Presentations from t he following departments: Highway, Property Tax /Assessors office, Surveyors Office/GIS, Library, Finance, Parks, HRA / Community & Government Relations, CareerForce, and Open to Business • Highway Department Worksh op o Opportunities for collaboration and partnership to improve roadways, and the appearance of the county’s corridors. • ACRED updates and 2020 Wrap Up o 2020 Updates from DEED and Greater MSP, ACRED, Communities – related to the COVID - 19 pandemic, Cares Act grants and projects. Projects • March – June, projects were down 92%, in the height of the pandemic. However, Q3-Q4, projects were up from previous year significantly, resulting in an overall increa se in projects from 2019 to 2020. Retail/Hotel projects were minimal, industrial related projects and land owner assistance increased over 50% from 2019. • 96 t ot al projects in 2020 (up 9 from last year) o Types of responses – ▪ Responded to RFP with other stakehol ders ▪ Provided property information to real estate, business or development teams per requests ▪ Connected business or real estate group searching for property with cities ▪ Connected existing or prospecting business with workforce resources ▪ Connected businesses with finance resources ▪ Listed properties on the ACRED MNCAR page ▪ Pulled together information about available properties for land owners such as maps, acreage, useable acreage, etc. 8% 4% 20% 8% 14% 3% 3% 8% 6% 21% 4% Industry/Project Type Manufacturing Data Center/Technology Warehouse/Distribution Trucking/Terminals General Industrial - Unknown Retail General Restuarants Multifamily Construction Land Owner Assistance Other Municipality Assistance ACRED has brought resources to help municipalities (partners) with various needs in Economic Development. Examples of those projects can be seen below, plus a snapshot of feedback collected from the cities via survey monkey on the type of assistance recei ved: • COVID Relief Resources: sharing information on the latest federal, state or county resources available to communities on the website and in a handout. Right-of-way policy sharing, Cares act forum with County lobbyist, and responding to requests from community businesses about these resources. • Cares Act Coordination – sharing grant guidelines and program materials to help community partners get their programs started, connections with grant administrators, and communication to business community about grant resources. • City marketing assistance, including market data, branding or economic development strategies, video and photo footage • Fiber Resources – providing conta cts for fiber providers, assistance in finding gap financing for projects, and mapping out areas needed for service. • Property Readiness assistance, including - marketing target properties, due diligence on a site, connections with stakeholders on a property such as brokers or developers, and coordination with property owners on the community’s behalf to help market or attract investment to their property • B usiness Expansions – connecting existing businesses to resources such as PACE financing, state incentives, construction/banking resources, etc. to assist in the project progression. • Based on city survey feedback, this was the type of assistance provided directly to the cities o Assistance with creating an economic development plan o Assistance with marketing or advertising for business devel opment o Making connections with site selectors, developers or businesses o Assistance with using state and local financing tools for business expansion efforts o Assistance with searching for sites & buildings o Assistance with business expansion, development or redevelopment opportunities o Assistance with Fiber improvements or provider contacts Workforce Development Partnerships ACRED has formed a strong partnership with our CareerForce Center and area workforce initiatives including: o The economic development specialist sits on the Workforce Board and ensures economic development strategies are aligned with workforce strategies o Provide updates on new relief funding for area businesses o Advocate for employer needs and explains industry changes throughout the pandemic o Connects cities to area workforce resources for employers – especially pandemic related resources. Chamber Partnerships ACRED worked with 8 area chambers in 2020 on the items listed below. The chambers that serve Anoka County include Anoka Area , East Bethel, Forest Lake Area , Ham Lake, MetroNorth, Quad Area and Twin Cities North Chamber of Commerce. • Event partnerships – ACRED /COVID Relief Resources, updates via zoom, etc. • Providing information to the business and nonprofit community about COVID relief assistance • Connections between the business community and area chambers • Data collection from Additional Partnerships ACRED has worked with Open to Business on multiple projects providing the information listed below. The County’s Open to Business Advisor shares quarterly updates on businesse s that were assisted in the County. These lists can be requested for additional information beyond this report . o Finding available properties for the business owner o Connecting them with local city contacts o Connecting them with state or local financing incentives for their projects o Connect ing them with COVID relief resources Anoka County Cares Act Relief Grants In 2020, Anoka County issued Cares Act grants in addition to the assistance many municipalities provide d their businesses and nonprofits. The number of grants received by businesses or nonprofits can be found in the chart below. A complete list of the names of the organizations and the amount they received w as sent to the city, chamber and commissioners. C ounty COVID Relief Grants by City Andover 16 Anoka 54 Bethel 2 Blaine 52 Centerville 14 Circle Pines 1 Columbia Heights 16 Columbus 1 Coon Rapids 49 East Bethel 6 Fridley 28 Ham Lake 21 Hilltop 1 Lexington 5 Lino Lakes 18 Nowthen 5 Oak Grove 6 Ramsey 35 Saint Francis 6 Spring Lake Park 9 Anoka County will be issuing additional COVID relief grants from the latest state relief package that was passed. These grants will serve organizations that have been the most severely impacted by COVID, need additional assistance beyond C ares Act relief, or those that have not yet qualified for relief through the Cares Act program. After March 15, 2021, a nother list of organizations that received assistance will be shared with the ACRED stakeholders. Thank you to all of the ACRED partners and area sta keholders for their work in 2020 to support t he local economy and communit ies! 1 Anoka County Regional Economic Development (ACRED) 2021 Strategic Plan Overview The Anoka County Regional Economic Development partnership was formed in 2018 after the Anoka County/Connexus Energy/MetroNorth Chamber of Commerce economic development recruitment study was completed by Ady Advantage. This study has three overall goals identified for Anoka County that were development after a work session with stakeholders in 2017. These goals include: 1. Address and work to change the perception of Anoka County, among stakeholders, partners, developers, potential talent, etc. 2. Ensure Anoka County is ready for development from both a talent and product (sites and buildings) perspective. 3. Clearly define roles within the county, as well as with regional partners, as it relates to marketing, incentives, business retention and expansion, etc. The following strategies were developed to help Anoka County meet its three goals, as outlined on the above. The strategies fall into the categories of alignment/regionalism, readiness and marketing. Tactics within each strategy can be found as attachments to this plan. In 2020, the economy swiftly shifted towards an ongoing recession due to the 2020 COVID -19 pandemic. It is important our strategy in 2021 reflects the needs of our current economy while remaining in alignment with the County’s long -term economic development vision. The following goals are a subset of the Anoka County Business Recruitment plan identified by the stakeholders in Anoka County as priorities for 2021. 2 2021 Goals Alignment and Regionalism 1. Improve communication to business leaders and area stakeholders in Anoka County. 2. Improve Business Retention and Expansion outreach and collaboration among county-wide stakeholders. 3. Develop a roadmap for the future of the ACRED partnership budget by the end of 2021 Marketing 1. Continue the momentum of brand recognition with internal and external partners. 2. Assist stakeholders to promote local organization s and investment into our small business community. 3. Increase online marketing presence on platforms and connections. 4. Market the MN Technology Corridor and continue to promote opportunities for further partnerships. Readiness 1. Promote financial resources for existing small businesses and entrepreneurs for COVID -19 relief and refine incentives for expanding companies. 2. Assist communities in the MN Tech Corridor and throughout Anoka C ounty that have sites ready for development to conduct shovel readiness checklists and/or certifications. 3. Continue partnerships with the Anoka County Workforce Board and CareerForce Center to ensure the county workforce is ready for the regrowth of the economy. 4. Assist in the infrastructure improvements needed to increase economic development competitiveness by providing resources, aiding in connections and advocacy. 3 2021 Goal Implementation & Action Plan Alignment and Regionalism • Goal 1: Improve communication to business leaders and area stakeholders in Anoka County Implementation: o Continue to update Constant Contact database with business, real estate, community and other stakeholder contacts. Categorize contacts for strategic outreach. Report growth in this data base quarterly o Communicate through consistent quarterly Economic Development newsletters to broader audience. In addition, communicate to targeted audiences about events and new financial resources available to businesses. o Keep the ACRED COVID Relief WebPage and Handout updated with the latest resources available to businesses and nonprofits affected by COVID ; review weekly. Assist in the administration on local relief grants when or if funding is received. Offer assistance to communities with program promotion or guidelines. o Continue to host ACRED Partnership meetings with a topi c focus in the following categories: business retention, COVID -19 business resources, incentives for new projects, watershed district opportunities for partnership, and readiness. o Connect with area chambers quarterly via meetings or one on one phone calls with Executive Directors or presidents at each chamber. o Connect with banking, credit union, and CPA/accounting leaders when there are new resources to help area businesses through the pandemic. Include this audience in the ACRED quarterly newsletter. Ensure the quarterly newsletter offers information about regional incentives such as PACE financing or utility incentives. • Goal 2: Improve Business Retention and Expansion outreach and collaboration among county - wide stakeholders Implementation: o Host a BRE Workshop in Q2 2021 with all chambers and cities present, Connexus, Xcel Energy and County leadership (Workforce, Open to Business). Discuss red flags, how to follow up on these. 4 o Develop continued relationships with real estat e leaders and bankers to ensure they understand these “red flags” and know how to follow up on these leads. Track any project wins. • In addition, ensure they know what resources ACRED can provide to them when working on projects. o Track number of visits in the county quarterly that are done o Host at least 2 virtual “business summits” targeting minority and woman owned business leaders to help bridge communication to this business community that is less connected o Proactive Visits • In Q1, g ather list of fasted growing industries in the Metro in Anoka County. Reach out to stakeholders where employers are located to see if they need support in reaching out to these companies • Track industries at risk of job loss by utilizing Greater MSP’s recovery dashboard and “at risk matrix.” Share this list with stakeholders to help in their outreach strategies in Q1 and Q2. • Goal 3: Develop a roadmap for the future of the ACRED partnership budget by the end of 2021 Implementation: o Develop a sustainable budget for 2022 and future years that will help grow the activities of the partnership and develop a reserve to update the Ady Advantage Economic Development Roadmap in 5-10 years. o Engage community stakeholders throughout this discussion starting in the end of Q3 or early Q4 o Utilize the latest census information to update the cost sharing model on more current population numbers Marketing • Goal 1: Continue the momentum of brand recognition with internal and external partners. Implementation: o Real Estate Community Brand Recognition ▪ Continue partnerships with the real estate community by speaking at MN Real Estate Journal events, Site Selector eve nts and the UpRiver Real Estate Event. At least 8 real estate events in total (4 MN Real Estate Journal, Upriver event and 3 other real estate related events) 5 o Other stakeholders ▪ Continue to speak/promote the region and provide resources for doing business in the county at events such as city, chamber, business association, or rotary meetings quarterly ▪ Provide the target industry and the regional profile(s) to stakeholders to support marketing efforts, while elevating the communication of the county’s economic development brand semi-annually, or with any new significant property listing where the broker or community asks for assistance in marketing the property. • Goal 2: Assist stakeholders to promote local organizations and investment into our small business community. Implementation: o In Q1, work with the County Communications team to develop a catchy phrase, marketing and video for shopping locally and supporting small businesses in Anoka County. o Provide all cities, downtown associations, shopping center owners, chambers and other stakeholders with this marketing material to add to their own efforts to support our small business community throughout the year . • Goal 3: Increase online marketing presence of ACRED and connections. Implementation: o Use platforms including but not limited to the ACRED LinkedIn page, the www.anokacountysuccess.org website and more. Post weekly on the ACRED page about projects, new financing available, events. Etc. o Utilize the video that was created by SkyEye films to promote the county on LinkedIn quarterly and at events. Allow cities, chambers or other stakeholders to use this video to promote the region throughout the year. o Invite stakeholders such as key business l eaders, real estate professionals, and community partners to follow the ACRED LinkedIn page. Increase followers from 150 to 250 by 2022. o Work with state partners such as Greater MSP, DEED and the MN Marketing Partnership to connect with out -state site selectors and ensure Anoka County is at the table when opportunities arise (number of meetings events will be dependent on partners). 6 • Goal 4: Market the MN Technology Corridor and continue to promote opportunities for further partnerships Implementation: o Continue to follow up on monthly website traffic reports for the tech corridor in partnership with Greater MSP and DEED . Follow ups made wit hin 2-4 weeks of receiving each monthly report. o Host quarterly stakeholder meetings to progress in the corridor iniative such as site readiness, infrastructure improvements, new partnerships and data discovery. o Coordinate with stakeholders to respond to RFPs from Greater MSP, site selectors, brokers, etc. that the Tech Corridor would be a good fit for. o Market the Data Center Study conducted with Excipio consulting to promote the cost advantages for data centers to locate within the corridor. Identify wh at deliverables from the study are transferable to other sites within the corridor and the County by the end of Q1. o Use leads generated by the corridor as an opportunity to promote other sites within the County by responding to project requests with sites that meet their specs in the corridor and outside the corridor in the other areas of Anoka County. o Continue the partnership with Greater MSP and DEED to promote and develop the MN Tech Corridor through the MN Marketing Partnership, and the Greater MSP p artnership plan with the tech corridor. Readiness • Goal 1: Promote financial resources for existing small businesses and entrepreneurs for COVID - 19 relief and refine incentives for expanding companies. Implementation: o Add additional information to the COVID -19 matrix and COVID -19 resource list when new resources become available or old resources expire o Host meetings with city, chamber or other stakeholders when new resources for businesses become available to share information and collaborate when possible. o Create a one stop shop on the ACRED website for resources for new businesses in Anoka County. List state resources, open to business and more on the taxes and incentives page by Q2 2021 ▪ Host a workshop with stakeholders and the subcommittee to develop this resource list by Q2 2021. 7 • Goal 2: Assist communities in the MN Tech Corridor and throughout t he county that have sites ready for development to conduct shovel readiness checklists and/or certifications. Implementation: o Review properties within the Anoka county that are off the market quarterly. Support the property stakeholders to help prepare more information or marketability of the sites by creating documents that outline the specifics of a site in order to make sharing information about off-market properties easier. o Coordinate with stakeholde rs to conduct shovel readiness certifications when requeste, site list checklists or certified building programs to prepare these properties for RFP and increase their competitiveness • Goal 3: Continue partnerships with the County Workforce Board and Caree rForce Center to ensure the county workforce is ready for the regrowth of the economy . Implementation: o Support Job Recovery in the County • Partner with DEED and the Workforce Board to track data semi-annually. Understand where permanent job losses will end up in Anoka C ounty after the economy fully reopens, what industries are seeing job growth and where the gaps in talent and skills are. • Promote and aid in partnerships that assist in the solutions to talent shortages and gaps by making connections with stakeholders working on similar iniative or connecting employers with talent initiatives at the Job Training Center, chambers or area colleges. • Goal 4: Assist in the infrastructure improvements needed to increase economic development competitiveness by providing resources, aiding in connections and advocacy. Implementation: o Internet/Fiber Improvements ▪ Continue to work with community partners to make improvements to the internet and fiber connectivity issues in the County. Ensure all underserved communities have an outline on how to aid in improvements by the end of 2021. ▪ Be a resource to community part ners to find solutions to internet issues by continuing involvement with MAPCED, the rural broadband initiative and the Blandin Foundation annually. 8 o Provide advocacy for the benefits of upcoming highway projects such at the Highway 10 and 65 improvements by sharing the project information with stakeholders such as real estate developers, brokers and prospecting businesses. CITY COUNCIL AGENDA ITEM 1G STAFF ORIGINATOR: Meg Sawyer, Human Resources Manager MEETING DATE: March 8, 2021 TOPIC: Springbrook Human Resources Management Module VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to consider the approval of the addition of the Human Resources Management Module to our Springbrook Financial System. BACKGROUND The estimated implementation and training cost of the Springbrook Human Resources Management Module is $6,265 and the annual subscription fee is $5,200. These initial costs would be funded through the Office Equipment Replacement Fund. The Office Equipment Replacement Fund has $17,760 of reserves designated for finance software implementation. The funds were originally designated back in 2014 for the initial implementation of Springbrook Software. Currently, the City has four Springbrook modules which include Finance Suite, Payroll, Accounts Receivable, and Utility Billing. The subscription fee for those modules total $25,572 in 2021 and is funded through the Finance Department General Fund budget. Springbrook’s Human Resources module is a comprehensive solution to manage all employee information. Reporting capabilities meet all OSHA, FMLA, and EEOC requirements well as other human resource demands faced by governmental entities today. • Applicant Screening – evaluate and hire internal and external applicants • Bulk Deductions – apply multiple benefits and deductions to multiple employee records • COLA – adjust pay step amounts to apply cost of living adjustments • Open Enrollment – set up and maintain deduction and benefit enrollment cycles for employees • Pay Adjustments – update employee grade, step, and pay schedule information • Personnel Action Forms – create and maintain customized forms used to guide employees through various HR processes • Web Approvals – approve or reject changes or requests submitted by employees through Employee Self Service • Reporting – generate reports and display HR data • Maintenance/Utilities – create and maintain HR units and execute specialized HR tools In 2022, a budget increase of roughly $6,060 would be required to continue funding the Springbrook subscriptions with the addition of the Human Resources Management Module. RECOMMENDATION Please consider the approval of the implementation of the Springbrook Human Resources Management Module. ATTACHMENTS Item 1G Attachment Springbrook Human Resources Management Module Pricing and Implementation.pdf Order Form Lino Lakes, MN - City of 02-01-2021 Lino Lakes MN - HR Module pricing springbrooksoftware.com | info@sprbrk.com | 866-777-0069 2/6 Dear Meg, Here is the pricing for the HR Module as requested. The service hours are billed just for the hours used (in the event all 35 hours are not necessary). All of us at Springbrook are working to provide the best possible solutions for your agency and your citizens. Our goal is nothing short of your 100% satisfaction. Thank you for being a valued customer. Sincerely, Hope Sampson Hope Sampson springbrooksoftware.com | info@sprbrk.com | 866-777-0069 3/6 Annual Product Pricing Item Name Rate Quantity Net Price Human Resources Management Subscription $5,200.00 1 $5,200.00 Products Total Net Price $5,200.00 Estimated Professional Services Pricing Item Name Rate Description Quantity Net Price Standard Professional Services $179.00 Human Resources Implementation and Training 35 $6,265.00 Estimated Professional Services Total Net Price $6,265.00 Grand Total: $11,465.00 springbrooksoftware.com | info@sprbrk.com | 866-777-0069 4/6 Order Detail General Information Customer Name: Lino Lakes, MN - City of Customer Contact: Meg Sawyer Customer Address: 600 Town Center Pkwy, Lino Lakes, Minnesota, United States, 55014 Governing Agreement(s): This Order Form is governed by the applicable terms found at: MSA: https://sprbrk.box.com/v/sprbrk-saas-terms MLA: https://sprbrk.app.box.com/v/sprbrk-onpremise-terms Professional Services: https://sprbrk.app.box.com/v/sprbrk-svcs-terms Term(s): 3 year Order Terms Items Ordered Order Start Date Professional Services Orders Date of the last signature on the Order Form Software Licenses, Subscriptions, Maintenance and Hosting (New) The earlier of a) date of delivery** of software or log-in to hosted software to Customer or b) 60 days after last signature on the Order Form Software Licenses, Subscriptions, Maintenance and Hosting (Renewal) The day after expiration of your last order of the same product Special Order Terms None **The date of delivery of software to the Customer is the date the software is made available to the customer, either by delivery of software or delivery of first log-in to a hosted environment, which may be either a test or production environment. This date of delivery is frequently earlier than the dates professional services are completed, the Customer completes user acceptance testing, the Customer distributes additional log-ins to end users, and the Customer go-live in a production environment. springbrooksoftware.com | info@sprbrk.com | 866-777-0069 5/6 Order Duration The Order Duration is defined as follows: • Any Software Licenses or Hardware are one-time, non-refundable purchases. • Subscriptions, Maintenance, Hosting and Support (“Recurring Services”) continue from the Order Start Date through the term listed in this Order Form (or if not listed, 1 year). • Orders for Recurring Services auto-renew unless the Customer or Springbrook provides a written notice of non-renewal at least sixty (60) days’ before the end of the Order Term • Subscription Service fees and any other recurring fees will be subject to an automatic annual increase by not more than five percent (5%) of the prior year’s Subscription Service fees ("Standard Annual Price Increase"). Invoice Timing and Delivery Invoices are delivered electronically via e-mail to the billing contact on file for the Customer. Customer invoices are issued for the full amount of software and services purchased as follows: Items Ordered Invoice Timing Professional Services Orders Monthly for services in the prior month* Software Licenses and Hardware Customer signature on Order Form Subscriptions, Maintenance and Hosting (New) Customer signature on Order Form Software Licenses, Subscriptions, Maintenance and Hosting (Renewal) 60 days in advance of the Order Start Date CivicPay Transactions Monthly for transactions in the prior month *Professional Services pricing is based on expected hours using Springbrook’s standard implementation methodology. Actual hours and billings may vary from this estimate. Please note that only when project costs exceed $5,000 of this estimate, a signed change order will be required to continue work – changes under $5,000 will continue to be delivered and billed accordingly. Special Order Terms Special Order Terms None In the event of an inconsistency between this Order Form, any governing agreement, purchase order, or invoice, the Order Form shall govern as it pertains to this transaction. springbrooksoftware.com | info@sprbrk.com | 866-777-0069 6/6 Payment Terms Payment Terms Net 30 Special Invoicing Terms None Billing Contact Hannah Lynch Billing Email hlynch@linolakes.us If the Customer requires a PO number on invoices, Customer must provide Springbrook with the PO number and a copy of the PO prior to invoice issuance. If a PO number is not provided prior to the invoice issuance date, invoices issued on this Order Form will be valid without a PO reference. PO# (If required): 1 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: March 8, 2021 TOPIC: Bald Eagle Addition i. Consider Resolution No. 21-13 Approving Final Plat ii. Consider Resolution No. 21-14 Approving Development Agreement VOTE REQUIRED: 3/5 INTRODUCTION Complete Application Date: January 11, 2021 60-Day Review Deadline: March 5, 2021 60 Day Extension Review Deadline: May 4, 2021 Environmental Board Meeting: N/A Park Board Meeting: N/A Planning & Zoning Board Meeting: February 10, 2021 City Council Work Session: March 1, 2021 City Council Meeting: March 8, 2021 The applicant, Bald Eagle Builders, Inc., submitted a land use application for a final plat for Bald Eagle Addition. The applicant proposes to subdivide the existing parcel located at 202 Elm Street into two (2) single family lots for the purpose of constructing one (1) new single family home. The lot is 1.06 gross acres (46,132 sf). The Land Use Application is: • Final Plat o 2 lots The following staff report is based on the following information: • Certificate of Survey and Resource Inventory Map prepared by EG Rud & Sons, Inc. revision date December 23, 2020 • Preliminary Plat prepared by EG Rud & Sons, Inc. revision date December 23, 2020 • Preliminary Grading, Drainage & Erosion Control Plan prepared by EG Rud & Sons, Inc. revision date November 3, 2020 2 • Tree Inventory/Removals prepared by EG Rud & Sons, Inc. revision date December 23, 2020 • Utility As-Built Plan prepared by EG Rud & Sons, Inc. revision date December 23, 2020 • Final Plat prepared by ED Rud & Sons, Inc. dated December 17, 2020 • Drainage Calculations prepared by Plowe Engineering, Inc. revision date November 4, 2020 Previous Council Actions: • December 14, 2020: Resolution No. 20-145 approving Preliminary Plat ANALYSIS History The house located at 202 Elm Street was once the rectory for St. Joseph’s Church. In 2017, the church sold the property and it has been used as a single family dwelling since that time. The property was just recently sold to Bald Eagle Builders, Inc. with the intent to subdivide to build another single family dwelling. Existing Site Conditions The residential lot contains an existing house and garage that was built in 1964, trees and landscaping. An overhead wire extends from the house to the Elm Street. An 8 ft. wide bituminous trail exists along Elm Street. The Certificate of Survey indicates Zimmerman Fine Sand. Groundwater was encountered at approximately 13-15 feet (EL 893.6- EL 892.1). Staff notes the Certificate of Survey identifies a block landscape edging and fence encroachments along the south lot line from 7158 2nd Avenue onto the subject site. The encroachments do not impact the preliminary plat or final plat. The applicant is encouraged to discuss these encroachments with the property owner. Zoning The parcel is zoned R-1, Single Family Residential. The 2040 Comprehensive Plan is in effect and applicable to the development. Current Zoning R-1, Single Family Residential Current Land Use Single Family Residential Future Land Use per CP Low Density Sewered Residential Utility Staging Area 1A=2018-2025 Surrounding Zoning and Land Use 3 Direction Zoning Current Land Use Future Land Use North R-1 Single Family Residential Low Density Sewered Residential South R-1 Single Family Residential Low Density Sewered Residential East R-1 Single Family Residential Low Density Sewered Residential West R-1 Single Family Residential Low Density Sewered Residential Density and Land Area Calculations The following chart implements Met Council’s formula for calculating net density. Gross Area (acres) 1.06 Wetlands & Water Bodies 0.00 Public Parks & Open Space 0.00 Arterial ROW 0.00 Other (Utility Transmission Easement) 0.00 Other (Wetland Buffer Area) 0.00 Net Area (acres) 1.06 # of Units 2 Gross Density (units/acre) 1.89 Net Density (units/acre) 1.89 The parcel is guided low density residential development and allows for 1.6 to 3.0 units per net acre. The proposed net density of 1.89 units per acre is consistent with the 2040 Comprehensive Plan. Zoning Requirements The parcel is zoned R-1, Single Family Residential. It is a corner lot (Elm Street and Second Avenue) and is 1.06 gross acres (46,132 sf). Lot 1 will contain the existing single family house. Lot 2 is being created for the purpose of constructing one (1) single family home. 4 R-1 Requirements Lot 1 (Existing House) Lot 2 (Proposed House) Min. Lot Size 10,800 sf 27,713 26,571 sf 13,040 sf Min. Lot Width --Corner Lot 100 ft 163.01 ft NA --Interior Lot 80 ft NA 80.0 ft Min. Lot Depth 135 ft 170.02 163.01ft 163.01 ft Building Setback (ft) -From Collector Streets1 40 ft 72.5 ft (Elm St) 72.8 ft (Second Ave) 40 ft -Rear Yard --Principal 30 ft 44.9 ft 72.3 ft -Accessory 5 ft 60 ft 72.3 ft -Side Yard --Principal 10 ft NA 10 ft --Accessory 5 ft 15.2 ft 10 ft Impervious Surface 40% 16.0% 29.9% 1Elm Street and Second Avenue are major and minor collector roads, respectively. Lot 1 reduced in size slightly due to the need for 7 ft of additional road right-of-way along Elm St. The proposed lots meet zoning requirements. In 2018, a third garage stall was added onto the house located on Lot 1 (202 Elm St). Per Section 1007.044(3)(h)16. Surfacing: All driveways shall be hard surfaced. The third stall driveway shall be hard surfaced in accordance with the zoning ordinance. A zoning permit is required. Building Requirements At the time of building permit, the single family house proposed on Lot 2 will be reviewed for compliance regarding floor area, garage and design and construction standards. Subdivision Ordinance The underlying plat is Lot 24, Auditor’s Subdivision No. 151 that was platted in 1953. 5 Conformity with the Comprehensive Plan and Zoning Code The preliminary plat and final plat are consistent with the comprehensive plan for low density residential development and zoning code requirements for R-1, Single Family Residential as discussed above. Blocks and Lots The final plat contains Lot 1 and Lot 2, Block 1, Bald Eagle Addition. As noted above, Lot 1 contains the existing house and Lot 2 proposes a new single family home. Streets and Alleys Lot 1 is served by Elm Street which is a major collector road. The existing road right-of-way width is 66 ft. Section 302.03(1)(a) requires 80ft of road right-of-way width. An addition seven (7) ft of road right-of-way has been dedicated on the plat. Lot 2 is served by Second Avenue which is also a major collector road requiring 80 ft of road right-of-way width. The existing road right-of-way width is 80 ft. No addition right-of-way is required. Easements Drainage and utility easements at least ten (10) feet wide are required and shown along all lot lines. Storm Water Management and Erosion and Sediment Control Per the City Engineer’s memo dated January 25, 2021, Bald Eagle Addition includes site grading for the proposed house pad on Lot 2 and minimal site grading. Because the new impervious surface of 4,257 sf is less than 10,000 sf, the project does not require stormwater management facilities. Staff reviewed the drainage in this area and was concerned that the proposed Lot 2 will direct more water towards adjacent properties and trap water near the eastern property line as the area is flat and landlocked. To mitigate, a catch basin and storm sewer pipe outlet to Second Avenue are being installed. Utilities Sanitary Sewer An 8” sanitary sewer main exists along both Elm Street and Second Avenue. The existing house is connected to municipal sanitary sewer. The new house will also be connected to municipal sanitary sewer. Watermain A 12” watermain exists along Elm Street. The existing house is connected to municipal watermain. 6 A 6” watermain exists along Second Avenue. The new house will also be connected to municipal watermain. Public Land Dedication The City will require cash in lieu of land dedication for the new lot. Lot 1 with the existing house will not be charged a park dedication fee. Park Dedication Fees Total # of Lots = 1 x 2021 Park Dedication Fee $3,160 = Total Due $3,160 Tree Preservation The Environmental Coordinator reviewed the Tree Preservation and Landscaping Plan. Per the October 28, 2020 Environmental Board staff report, a tree inventory/removal list was submitted. Trees removed are in the basic use area and will not require mitigation trees to be planted. Landscaping Canopy cover, foundation landscaping, open area landscaping and buffer and screens are not required for the 2 lot residential subdivision. Boulevard Trees Residential lots require one boulevard tree per frontage. In this case, both parcels 1 and 2 have existing trees in the right-of-way that will satisfy this requirement. Sod and Ground Cover All disturbed areas shall have appropriate ground cover in accordance with Section 1007.043(17)(h). Environmental Assessment Worksheet (EAW) An Environmental Assessment Worksheet is not mandated. The two (2) unattached residential units are under the 250 unattached unit threshold required for a mandatory EAW. Wetlands There are no wetlands on site. Floodplain 7 There is no floodplain on site. Shoreland Management Overlay The parcel is not located within a Shoreland Management Overly district. Impervious Surface Coverage Per the preliminary plat, the overall total site impervious surface coverage is as follows: Impervious Surface Coverage Total Parcel Size 46,132 sf Existing Impervious 4,257 sf (9%) Proposed Impervious Lot 1 + Lot 2 8,162 sf (18%) Comprehensive Plan Bald Eagle Addition is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities. Resource Management System Plan Goals of the Resource Management System Plan include: • Natural Resources and Amenities o Goal #1: Identify, protect and preserve the desirable natural areas and ecological and aquatic resources of the community. • Land Use Policies o Goal #1: Ensure that well-planned, quality residential, commercial, industrial and institutional development to accommodate the city’s projected growth needs occurs in a manner that also conserves and enhances the city’s natural resources and amenities. Bald Eagle Addition protects the natural resource by implementing tree protection fencing, erosion control and storm water best management practices. Land Use Plan Goal 2: Ensure that zoning and subdivision ordinances and official maps are consistent with the intent and specific direction provided within the Comprehensive Plan. Policies: 1. Ensure developers meet the standards specified within the land-use plan and official controls, including zoning and subdivision ordinances and official maps. 2. Ensure compatibility of adjacent land uses. 8 Bald Eagle Addition is compliant with the zoning and subdivision ordinances. It is also compatible with adjacent residential land uses. Housing Plan Goal 1: Ensure housing development is compatible with existing and adjacent land uses and provides accessibility to key community features and natural resources. Bald Eagle Addition meets the goals of the housing plan. The development is compatible with the existing and adjacent residential homes. Transportation Plan Goal 1: Plan for and achieve required street improvements and connectivity throughout the City of Lino Lakes. Second Avenue is a major collector road and has capacity to accommodate one (1) new single family home. Sanitary Sewer Plan Goals of the sanitary sewer plan are to ensure well-planned, quality residential development that conserves and enhances the city’s natural resources and to provide an affordable and safe sanitary sewer system. An 8” sanitary sewer main exists along both Elm Street and Second Avenue. The existing house is connected to municipal sanitary sewer. The new house will also be connected to municipal sanitary sewer. The system has capacity for one (1) additional single family home. Water Supply Plan A goal of the water supply plan is to provide residents affordable potable water that is safe and of high quality for daily consumption and fire demand. A 12” watermain exists along Elm Street. The existing house is connected to municipal watermain. A 6” watermain exists along Second Avenue. The new house will also be connected to municipal watermain. Planning Districts The site is located in Planning District 2 and is guided for low density residential development. There are no specific planning recommendations for this site. The site is located within Rice Lake Resource Management Unit (RMU). 9 Environmental Board Comments The Environmental Board reviewed the proposed preliminary plat on October 28, 2020 and recommended approval of the project with conditions. Additional tree protection fence is required. Public Safety Department The Police Division and Fire Division reviewed the plans and have no additional comments or concerns. Development Agreement A Development Agreement has been drafted by the City and shall be executed. Title Commitment The City Attorney reviewed the title commitment and final plat and notes the title commitment shall be updated and mortgage consents are required. Stormwater Maintenance Agreement The stormwater maintenance of this subdivision will be covered under the City’s Programmatic Maintenance Agreement. Findings of Fact The Findings of Fact for Bald Eagle Addition Final Plat are detailed in Resolution No. 21-13. RECOMMENDATION The Planning & Zoning Board reviewed the Bald Eagle Addition Final Plat on February 10, 2021 and recommended approval with a 6-0 vote. ATTACHMENTS 1. Resolution No. 21-13 2. Final Plat 3. Resolution No. 21-14 4. Development Agreement 1 CITY OF LINO LAKES RESOLUTION NO. 21-13 RESOLUTION APPROVING THE BALD EAGLE ADDITION FINAL PLAT WHEREAS, the City received a land use application for the Bald Eagle Addition Final Plat hereafter referred to as Development; and WHEREAS, City staff has completed a review of the proposed Development based on the following plans and information: • Certificate of Survey and Resource Inventory Map prepared by EG Rud & Sons, Inc. revision date December 23, 2020 • Preliminary Plat prepared by EG Rud & Sons, Inc. revision date December 23, 2020 • Preliminary Grading, Drainage & Erosion Control Plan prepared by EG Rud & Sons, Inc. revision date November 3, 2020 • Tree Inventory/Removals prepared by EG Rud & Sons, Inc. revision date December 23, 2020 • Utility As-Built Plan prepared by EG Rud & Sons, Inc. revision date December 23, 2020 • Final Plat prepared by ED Rud & Sons, Inc. dated December 17, 2020 • Drainage Calculations prepared by Plowe Engineering, Inc. revision date November 4, 2020; and WHEREAS, the City Council the approved the Preliminary Plat with Resolution No. 20- 145 on December 14, 2020; and WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the Development on February 10, 2021; and WHEREAS, the proposed Development is not considered premature and meets the performance standards of the subdivision and zoning ordinance; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 1. The final plat substantially conforms to the approved preliminary plat subject to the conditions listed below. 2. The City Attorney has approved the status of title/property ownership related to the final plat. 3. A Development Agreement has been drafted and shall be executed. 4. Conditions attached to approval of the preliminary plat have been fulfilled or secured by the Development Agreement. 2 5. All fees, charges and escrow related to the preliminary or final plat have been paid in full. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves Bald Eagle Addition Final Plat subject to the following conditions: 1. The driveway to the third stall garage on 202 Elm Street shall be hard surfaced in accordance with City Code on or before June 1, 2021. a. A Zoning Permit is required. 2. The new house proposed on Lot 2, Block 1, Bald Eagle Addition is required to connect to municipal water and sanitary services. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves Bald Eagle Addition Final Plat subject to the following items being addressed prior to release of the mylars: 1. The Development Agreement shall be approved by the City Council, executed and recorded against the property. a. Securities and fees shall be paid. 2. Any comments from the City Engineer letter dated January 25, 2021 shall be addressed. 3. Any comments from the Environmental Coordinator letter dated January 25, 2021 shall be addressed. 4. A written agreement signed by John Gratten, future owner of the existing single family home located at 202 Elm Street, allowing Bald Eagle Builders’ contractors on the property to install improvements as detailed in the Development Agreement including but not limited to the driveway to third stall garage and storm sewer pipe. 5. Title Commitment and Final Plat: a. The title commitment shall be updated. b. Mortgage consents to record the final plat and Development Agreement shall be executed. 6. Sheet 2, Preliminary Plat: a. Impervious Surface Coverage shall be revised from 30% to 40%. Adopted by the Council of the City of Lino Lakes this 8th day of March, 2021. 3 The motion for the adoption of the foregoing resolution was introduced by Council Member ______________________and was duly seconded by Council Member ______________and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: ______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk CITY OF LINO LAKES RESOLUTION NO. 21-14 RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR BALD EAGLE ADDITION WHEREAS, the City Council approved the final plat for Bald Eagle Addition with Resolution No. 21-13 on March 8, 2021; and WHEREAS, the City’s subdivision ordinance and conditions of approval require the execution of a development agreement between the Developer and the City of Lino Lakes. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Development Agreement between Bald Eagle Builders, Inc. and the City of Lino Lakes for Bald Eagle Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 8th day of March, 2021. 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: _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk DEVELOPMENT AGREEMENT Bald Eagle Addition THIS AGREEMENT is made this _____ day of ____________, 2021, by and between the City of Lino Lakes (“City”), a Minnesota municipal corporation, and Bald Eagle Builders (“Developer”). 1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. 20-145 for a plat known as Bald Eagle Division (“Subdivision”). Unless otherwise stated, all terms and conditions of this Agreement relate to work within the Subdivision. 2. Final Plat Approval. The City’s approval of the final plat of Bald Eagle Addition is contingent upon execution and delivery of this agreement, all required petitions, bonds, security, and other documents required by the City, and satisfaction of all conditions of approval required by Resolution No. 21-13. The Final Plat is attached hereto as Exhibit A. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Development Agreements for such phases are approved by the City and are fully executed. 4. Developer Plans. a. The Subdivision shall be developed in accordance with the following Developer Plans, original copies of which are on file with the City Engineer. The Developer Plans may be prepared and revised after entering into this Agreement but must be approved by the City before commencement of any work. If the plans vary from the written terms of this Agreement, this Agreement shall control. b. The Developer Plans as of the date of this Agreement are: i. Bald Eagle Addition Final Plat containing 1 sheet, prepared by E.G. Rud & Sons, Inc., date stamped December 17, 2020, received January 8, 2021. ii. Bald Eagle Addition plan set containing 6 sheets, prepared by E.G. Rud & Sons, Inc., revised December 23, 2020, received January 8, 2021. 5. Permits. The Developer shall be responsible for securing all site grading and development approvals and all other required permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public improvements. Bald Eagle Addition Development Agreement March 8, 2021 page 2 6. Developer Improvements. The Developer shall secure a contractor to install the improvements described in this paragraph, or otherwise required herein to be installed by Developer, hereinafter referred to as the “Developer Improvements,” which contractor shall be approved by the City in its absolute and sole discretion. The Developer Improvements shall be constructed per the City Standard Specifications for Construction dated February 2021 or current version. The cost of Developer Improvements is as shown on Exhibit B attached hereto. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense the following improvements according to the following terms and conditions: a. Site Grading i. Requirements of the Rice Creek Watershed District (RCWD) not applicable. ii. All site grading shall be conducted in accordance with the grading plan as approved by the City. b. Grading and Erosion Control i. The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved in writing by the City and all other regulatory agencies. ii. Surface water drainage ways shall be in place prior to commencement of utility construction. iii. The Developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvement as proposed. The Developer shall provide testing from an approved testing company. iv. The Developer’s engineer shall certify in writing, with an as-built survey, that all grading complies with the approved grading plan. v. The Developer shall promptly clear dirt and debris within public rights-of- way and drainage and utility easements resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the City. The Developer shall be responsible for all necessary street and storm sewer maintenance, including street sweeping, until all home construction is completed, unless otherwise Bald Eagle Addition Development Agreement March 8, 2021 page 3 released by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on them, including detour signs if necessary. If and when the streets become impassable, such streets shall be barricaded and closed. c. Street Improvements not applicable. d. Sidewalks, trails and street lighting not applicable. e. Storm sewers, when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances, shall be furnished and installed. f. Sanitary sewer services and appurtenances, shall be furnished and installed. g. Water main services, and appurtenances, shall be furnished and installed. h. The Developer shall place iron monuments at all lot, and block corners and at all other angle points on boundary lines consistent with the final plat. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan. Guard stakes shall be appropriately installed to mark these irons. i. Landscaping and site restoration shall be furnished and installed in accordance with the approved plans. The landscaping shall be maintained by the Developer until accepted by the City’s Environmental Coordinator. Native planting area restoration is not applicable. j. The Developer shall arrange for all gas, telecommunications, cable, internet, electric, and other necessary private utility services to the Subdivision in accordance with City Code and State law. Street light installations are not applicable. The Developer is solely responsible for the cost of private utility and internet installation. k. The Developer shall install mailboxes in accordance with Federal and Postal Service regulations. l. Conservation easement signs are not applicable 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 by November 30, 2021 The Developer may request a reasonable extension of time from the City. If the extension is granted, it shall be Bald Eagle Addition Development Agreement March 8, 2021 page 4 conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 8. City Improvements. The following improvements, hereinafter referred to as “City Improvements,” shall be designed, inspected, surveyed and administered by the City, and installed by the City on the Subject Property at Developer Expense: a. Sanitary Sewer b. Watermain c. Storm Sewer d. Streets Not Applicable e. Sidewalk/Pathways Not Applicable f. Street lights Not Applicable 9. Record Drawings. a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including grading, sanitary sewer, watermain, and storm sewer facilities constructed by Developer. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. b. The Developer shall submit certified compaction testing results for the site grading operations that certify that grading work meets pertinent compaction requirements for the project. c. A summary of the record plan attribute data for the storm sewer, watermain, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet as provided by the City Engineer. d. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 10. Faithful Performance of Construction Contracts and Security. a. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements. Concurrent with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150%) percent of the total estimated cost of Developer's Improvements. Bald Eagle Addition Development Agreement March 8, 2021 page 5 b. Irrevocable Letter of Credit. If an Irrevocable Letter of Credit is utilized, it shall be for the exclusive use and benefit of the City of Lino Lakes and shall state that it is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Agreement and construction of all required improvements referenced therein in accordance with the ordinances and specifications of the City. The letter shall be in a form, and from a bank, as approved by the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this agreement. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates on an annual basis, unless at least sixty (60) days prior to the expiration date, the Community Development Director and City Engineer, are notified by certified mail or overnight courier, that the Letter of Credit will not be extended. c. Public Improvement Surety Agreement is not applicable. d. Reduction of Security is not applicable. 11. Warranty. The Developer warrants all utility work required to be performed by it against poor material and faulty workmanship for a period of two years after its completion and acceptance by the City. All roadway work shall be warranted by the developer for a period of one year from the time the final inspection of the street is completed and accepted by the City Council. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for 12 months after planting. Prior to final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of this Agreement. The amount shall be determined by the City Engineer. 12. Dedication. The Developer shall dedicate to the City, at no cost to the City, any permanent or temporary easements that may be necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 13. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the public improvements lying within public rights-of-way and easements shall become City property without further notice or action unless the improvements are to be deemed private infrastructure. 14. Recording and Release. The Developer agrees that the terms of this Development Agreement shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Agreement with the Anoka County Recorder to give notice to future Bald Eagle Addition Development Agreement March 8, 2021 page 6 purchasers and owners. This shall be recorded against the Subdivision described on Page 1. 15. Escrow for City’s Costs. a. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount determined by the City Administrator or their designee for the payment of all costs incurred by the City related to the development of the Subdivision including, but not limited to, the following (See Exhibit B for breakdown of costs): i. Planning/ Review ii. Administration - 3% of Developer Improvement Costs iii. City Engineering and Legal iv. Street lighting installation Not Applicable v. Traffic signing improvements Not Applicable vi. Boulevard tree planting Not Applicable vii. Street, storm sewer and pond maintenance viii. Property Taxes. Should the recording of the Final Plat occur after July 1st, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. b. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow with suitable documentation supporting the charges. 16. Developer Fees. At the time of execution of this Agreement, the Developer shall pay the following fees related to the development of the Subdivision (See Exhibit B for breakdown of costs): a. Park Dedication The Park Dedication Fee for this site is calculated as follows: 1 unit x $3,160 per unit (Residential) = $3,160 b. Energy costs for street lights are not applicable. Bald Eagle Addition Development Agreement March 8, 2021 page 7 c. GIS Mapping Fees are not applicable. d. Trunk Sewer Connection Fees The City established trunk utility connection fees to uniformly distribute the costs of public trunk sanitary sewer infrastructure. The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge. Trunk Charge The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Residential trunk charges are based on one unit per dwelling unit. Sanitary Sewer $1,630.00 Per Unit Availability Charge For residential properties, the availability charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is first. Residential uses shall be assigned one unit per dwelling unit unless otherwise noted by Metropolitan Council Environmental Services (MCES). City Sewer (CSAC) $1,525.00 Per SAC Unit Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. e. 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. Residential trunk charges are based on one unit per dwelling unit. Water $2,341.00 Per Unit Bald Eagle Addition Development Agreement March 8, 2021 page 8 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. Residential uses shall be assigned one unit per dwelling unit unless otherwise noted by Metropolitan Council Environmental Services (MCES). City Water (CWAC) $1,473.00 Per SAC Unit f. Surface Water Management Area Charges The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on developable acreage, in the amount specified in Exhibit B. The charge shall be paid at the time of subdivision approval. 17. Assessment of Charges and Waiver of Rights. a. In consideration of the construction of City Improvements listed in Paragraph 8 and /or provision of sewer, water and storm water services, the Developer agrees that the costs of City Improvements together with Trunk Sewer Unit Charge, Trunk Water Unit Charge and the Surface Water Management Area Charge (collectively, “the Charges”) may be assessed against the Subdivision parcels. The Developer hereby waives any and all procedural and substantive objections to the special assessments, including notice and hearing requirements, any claim that the assessments exceed the benefit to the properties, and any right to appeal. b. Unless the Developer pays the entire balance owed for the Charges contemporaneously with the execution of this Agreement, the Developer shall provide to the City a cash escrow or irrevocable letter of credit in an amount equal to 35% of the total assessments for the Charges as estimated by the City Engineer (see Exhibit B). The letter of credit shall be in a form, and from a bank, as approved by the City. The letter of credit or cash escrow may be used by the City upon default by Developer in the payment of special assessments. The cash escrow or letter of credit shall remain in place throughout the term of the special assessments. The letter of credit may not be terminated without the City’s written consent. c. Developer, its heirs, successors or assigns, agrees that within 30 days after the date of sale of a lot, the Developer, its heirs, successors or assigns, at its own Bald Eagle Addition Development Agreement March 8, 2021 page 9 cost and expense, shall pay the entire unpaid charges assessed or to be assessed under this Agreement against such property. d. If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to 120% of the Engineer's estimate of the special assessments for such Charges that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. e. Acceleration of Special Assessments upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat or development, or fails to pay when due any installment of any special assessment levied pursuant to this agreement, or any interest thereon, the City at its option, in addition to its rights and remedies hereunder, after 10 days written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided herein. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to Minnesota Statutes section 429.061, subdivision 3, for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. In addition to any other rights and remedies upon Developer’s default, the City may refuse to issue building permits and/or Certificates of Occupancy for any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees, if the City prevails in any enforcement action. 18. Building Permits. No building permits shall be issued until: Bald Eagle Addition Development Agreement March 8, 2021 page 10 a. Site grading, certified compaction testing, City sewer, water, storm sewer, and gas, electric, telecommunication, cable and internet are installed and approved by the City. b. Security for Developer Improvement Costs is received by the City, and the Development escrow balance is sufficient as outlined in Section 15 b. 19. Special Provisions. a. The driveway to the third garage stall on 202 Elm Street shall be hard surfaced in accordance with the City Code on or before June 1, 2021. A Zoning Permit is required. b. A written agreement signed by John Gratten, future owner of the existing single family home located at 202 Elm Street, allowing Bald Eagle Builders contractors on the property to install the driveway to the third stall garage. 20. Hours of Construction Activity. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed 21. Insurance. Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor’s work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed 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 Two Million and no/100 ($2,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 22. Developer’s Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Bald Eagle Addition Development Agreement March 8, 2021 page 11 Developer shall promptly reimburse the City for any expense incurred by the City, including but not limited to attorney and engineering fees, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, chapter 429. 23. General. a. Binding Effect The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land, unless otherwise released pursuant to section 14 of this Agreement. b. Validity. If a portion, section, subsection, sentence, clause, paragraph or phrase in this agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Agreement. c. Notices Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally, or mailed by United States mail to the addresses below, or sent by email to the email address below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above or when emailed. The addresses of the parties are as set forth until changed by notice given as above. Bald Eagle Builders PO Box 337 Hugo, MN 55038 jason@baldeaglebuilders.com Bald Eagle Addition Development Agreement March 8, 2021 page 12 Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 mgrochala@linolakes.us Bald Eagle Addition Development Agreement March 8, 2021 page 13 DEVELOPER CITY OF LINO LAKES By ______________________ By _________________________ Mayor Its ______________________ ATTEST By _________________________ City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2021, by Rob Rafferty as Mayor of the City of Lino Lakes on behalf of said City. _______________________________ Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) This instrument was acknowledged before me on ________ day of ____________, 2021 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 __________ ) Bald Eagle Addition Development Agreement March 8, 2021 page 14 On this _______ day of _______________, 2021, before me, a Notary Public within and for said County, personally appeared ____________, __________________ of ___________________. (Developer), who executed the foregoing instrument. ______________________________ Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Bald Eagle Addition Development Agreement March 8, 2021 page 15 CONSENT AND SUBORDINATION _____________________________, the holder of a mortgage dated ___________________, filed for record with the County Recorder, Anoka County, Minnesota, on _________________, as Document No. _____________________, hereby consents to the recording of this Development Agreement and agrees that its rights in the property affected by the Development Agreement shall be subordinated thereto. IN WITNESS WHEREOF, __________________, has caused this Consent and Subordination to be executed this _____ day of ______________, 2021. ______________________________________ By: Its: STATE OF MINNESOTA ) ) SS COUNTY OF __________ ) On this _______ day of _______________, 2021, before me, a Notary Public within and for said County, personally appeared _______________________, who executed the foregoing instrument. ______________________________ Notary Public Bald Eagle Addition Development Agreement March 8, 2021 page 16 EXHIBIT A Final Plat Bald Eagle Addition Development Agreement March 8, 2021 page 17 EXHIBIT B Securities, Escrows & Fees 2/25/2021 EXHIBIT B Securities, Escrows & Fees PROJECT: Bald Eagle Addition NUMBER OF REU's:1 APPLICANT: Bald Eagle Builders NO. OF LOT FRONTAGES 1 AREA (LOT 2 BLOCK 1):0.3 IMPROVEMENTS COST DEVELOPER IMPROVEMENT COSTS (Public) SITE GRADING $800 EROSION CONTROL $0 LANDSCAPING $0 STREET REPAIR $2,800 DRIVEWAY $0 STORM SEWER CONST.$6,850 SANITARY SEWER CONST.$0 WATERMAIN CONST.$0 ENGINEERING & SURVEYING $200 Total $10,650 Letter of Credit Amount X 150%$15,975 ESCROW for CITY'S COSTS PLANNING/ REVIEW $150 ADMINISTRATION $320 ENGINEER PLAN REVIEW $150 ENGINEER CONSTRUCTION SERVICES $1,000 PROJECT FINAL DOCUMENTS & CITY ENGINEER $1,200 STREET LIGHT INSTALLATION $0 STREET & STORMWATER MAINTENANCE $500 PROPERTY TAXES $0 TRAFFIC AND SIGNING IMPROVEMENTS $0 BOULEVARD TREE PLANTING $0 Total $3,320 DEVELOPMENT FEES PARK DEDICATION $3,160 PARK DEDICATION CREDIT $0 Subtotal Park Dedication Fee $3,160 AUAR $0 GIS MAPPING FEE $90 STREET LIGHTING OPERATION $0 Total $3,250 TRUNK SANITARY SEWER TRUNK CHARGE PER (ACRE OR UNIT)$1,630 AVAILABILITY CHARGE PER SAC UNIT $1,525 LATERAL SERVICE CONNECTION FEE $5,320 TRUNK WATERMAIN TRUNK CHARGE PER (ACRE OR UNIT)$2,341 AVAILABILITY CHARGE PER SAC UNIT $1,473 LATERAL SERVICE CONNECTION FEE $5,032 TOTAL TRUNK SEWER & WATER FEES $17,321 SURFACE WATER MANAGEMENT $2,230 SURFACE WATER MANAGEMENT CREDIT $0 TOTAL SURFACE WATER MANAGEMENT FEES $2,230 Total $19,551 Letter of Credit Amount X 35% $6,843 SUMMARY OF SECURITIES, ESCROW & FEES SECURITY: DEVELOPER IMP'MENT COSTS $15,975 ESCROW FOR CITY COSTS $3,320 DEVELOPMENT FEES $3,250 SECURITY: TRUNK FEES $19,551 Bald Eagle AdditionFinal Plat City Council Meeting March 8, 2021 2 EXISTING CONDITIONS •Final Plat •2 lots •202 Elm Street •Applicant: Bald Eagle Builders, Inc. •Corner Lot •Subdivide the existing parcel into 2 single family lots •Purpose of constructing 1 new single family home •Dec 14, 2020: CC approved preliminary plat •R-1 Zoning 3 PRELIMINARY PLAT •Lot 1 = Existing house •Lot 2 = New house •80 ft ROW required along Elm St •Additional 7ft ROW dedicated •Watermain •12”= Elm St •6” = Second Ave •Sanitary Sewer •8” = Elm St and Second Ave •Storm Water •SW pipe added •Public Land Dedication •1 lot = $3,160 •Conditions of PP have been met 4 Final Plat = Lot 1 and Lot 2, Block 1, Bald Eagle Addition. Findings of Fact-Final Plat•Detailed in Resolution No. 21-13: •Final plat substantially conforms to the approved preliminary plat subject to the conditions listed below. •City Attorney has approved the status of title/property ownership related to the final plat. •Development Agreement has been drafted and shall be executed. •Conditions attached to approval of the preliminary plat have been fulfilled or secured by the Development Agreement.5 Recommendation •Planning & Zoning Board reviewed the Bald Eagle Addition Final Plat on February 10, 2021 and recommended approval with a 6-0 vote. 6 Council ActionBald Eagle Addition •i.Consider Resolution No. 21-13 Approving Final Plat •ii.Consider Resolution No. 21-14 Approving Development Agreement 7 1 CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: March 8, 2021 TOPIC: Consider Resolution No. 21-15 Approving Professional Services Proposal with Landform Professional Services, LLC for Zoning Ordinance and Map Updates VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council authorization to enter into agreement with Landform Professional Services, LLC (Landform) to update the City’s Zoning Ordinance and Zoning Map. This item was discussed at the January 4, 2021 Council Work Session. BACKGROUND The City Council adopted the 2040 Comprehensive Plan on November 9, 2020. In accordance with Minnesota Statutes, §473.864 and §473.865 of the Metropolitan Land Planning Act, the City is required to review its official controls and amend, as necessary, any that conflict the plan. Additionally, the plan identifies seven short term actions to implement the goals and policies of the plan. These include: 1. Review and Update the Zoning Map 2. Evaluate purpose and intent of the Planned Unit Development Process 3. Consider creating new zoning districts including a new district to implement the holding zones for new urban development and a new “Business Campus” land use district. 4. Review and update the existing residential zoning district requirements 5. Create a method of incentives for developments that achieve specific goals in the plans. 6. Review and develop design standards to ensure high quality residential, commercial, and industrial development. 7. Update natural resource protection standards including review of maximum allowable impervious surface coverages for residential land use categories. Additionally, staff has historically used this process to complete necessary administrative amendments and updates to reflect changing standards. The City contracted with Landform to complete the update of the comprehensive plan. Landform has previously served as the City’s planning consultant for projects, including ordinance updates, in the past. As supported by the Council at the January 4, 2021 Work Session, staff received the attached proposal for $43,889 from Landform to assist with the 2 update. Funding for this update was included in the 2040 Comprehensive Plan budget and in the City 2021 budget. Similar to the Comprehensive Plan, the Planning & Zoning Board will be the lead advisory board in updating the zoning ordinance and map. Landform will assist staff, the Board and Council in this process. The tentative schedule is a 12 month process starting in Spring 2021. RECOMMENDATION Staff is recommending approval of the Professional Services Proposal for Zoning Ordinance and Map Update with Landform. ATTACHMENTS 1. Resolution No. 21-15 2. Landform Professional Services, LLC Proposal CITY OF LINO LAKES RESOLUTION NO. 21-15 RESOLUTION APPROVING PROFESSIONAL SERVICES PROPOSAL WITH LANDFORM PROFESSIONAL SERVICES, LLC FOR ZONING ORDINANCE AND MAP UPDATES WHEREAS, the City of Lino Lakes adopted the 2040 Comprehensive Plan on November 9, 2020; and WHEREAS, in accordance with Minnesota Statutes §473.864 and §473.865 of the Metropolitan Land Planning Act, the City is required to review its official controls and amend, as necessary, any that conflict the plan; and WHEREAS, Landform Professional Services, LLC has submitted a proposal to assist the City with these amendments and updates; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes, that the Professional Services Proposal for Zoning Ordinance and Map Update is hereby approved and the Mayor and City Clerk are hereby authorized execute the agreement for services with Landform Professional Services, LLC on behalf of the City. Adopted by the Council of the City of Lino Lakes this 8th day of March, 2021. 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: _______________________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC. February 9, 2021 Michael Grochala City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014-1182 RE: Proposal for Zoning Ordinance and Map Update for the City of Lino Lakes, MN Mr. Grochala, Thank you for asking Landform to provide a proposal to update the Zoning Ordinance and Map to implement the 2040 Comprehensive Plan. Our scope of work includes updates to all Zoning Ordinance chapters to reflect changes desired to implement the Comprehensive Plan and updates to make the Zoning Ordinance easier to understand and implement. We appreciate the opportunity to continue to provide professional planning services to assist your citizens, staff, boards and Council. Landform has a full time staff of professionals, all of whom are committed to providing services that are truly tailored to the communities we serve and helping our clients plan great places to live, work and play. Our professional staff includes landscape architects, planners, urban designers, civil engineers and land surveyors. We offer you a SensiblyGreen® approach to your site design and development challenges from Site to Finish®. Our SensiblyGreen® initiative is a program centered on the values of resource management and environmentally sensitive design. If you have any questions concerning our services, please call me at 612-252-9070. We look forward to working with you. Sincerely, Landform Professional Services, LLC Kendra Lindahl, AICP Principal Planner ENCL: Project Scope Proposal to Michael Grochala with City of Lino Lakes, MN 2 Zoning Ordinance and Map Update February 9, 2021 Professional Services Proposal For City of Lino Lakes ZONING ORDINANCE AND MAP UPDATE Lino Lakes, MN PROJECT TEAM: Client Manager: Kendra Lindahl, AICP Principal Planner Planner: Kevin Shay, Planner Designer: Emily Osthus, Designer * Indicated professional registrations are state-dependent; to obtain further information about our state licenses, please contact Human Resources at 612-252-9070 Proposal to Michael Grochala with City of Lino Lakes, MN 3 Zoning Ordinance and Map Update February 9, 2021 This Proposal is valid for 30 days from the creation date noted in the footer. Landform may reissue a revised Proposal upon request if the indicated time period has lapsed. TABLE OF CONTENTS A. SCOPE OF SERVICES................................................................................................................... 4 B. COMPENSATION ......................................................................................................................... 6 C. FORM OF CONTRACT................................................................................................................... 7 TERMS AND CONDITIONS .................................................................................................................... 8 OWNERSHIP AND USE OF DOCUMENTS: Consultant’s drawings, Specifications, and other documents, including this Proposal, are instruments of Consultant’s services for use solely with respect to this Project. Consultant shall be deemed the author of these documents and shall retain all common law, statutory and/or reserved rights, including copyright. Any use or reuse of this Proposal other than its intended use will be considered infringement of Consultant’s reserved rights. Proposal to Michael Grochala with City of Lino Lakes, MN 4 Zoning Ordinance and Map Update February 9, 2021 A. SCOPE OF SERVICES The level of our involvement will include the following Scope of Services (“Basic Services”). Naturally, the scale and scope of our efforts depends upon a Client’s needs, a clear understanding of our responsibilities and upon the deliverables required. If we have misinterpreted your needs, please let us know and we will make the necessary adjustments to this Proposal. 1. Project Management (Phase 60): Landform will: a. Schedule a kickoff meeting with city staff to review the project scope and schedule, establish priorities and confirm deliverables. Landform will meet monthly with City Staff. b. The scope of work is based on the items in the “New Revisions Log – 01-06-21” provided by City staff on January 25, 2021. Deliverables: • Project and work plan schedule • Twelve meetings with staff • Outline of draft Land Development and Zoning Regulations for staff approval 2. Prepare the Zoning Ordinance and Zoning Map Update (04): Landform will: a. Hold a kickoff meeting with P&Z Board to review the purpose of the PUD and identify priority updates. b. Prepare draft PUD standards. c. Present to staff and revise as requested. d. Meet with P&Z Board to review proposed changes to the General Provisions section. e. Prepare draft revisions to Administration and General Provisions sections. f. Present to staff and revise as requested. g. Present draft of sections 1-3 to P& Z Board for review and comments. h. Present draft to City Council at a work session for review and comment. i. Prepare draft revisions to District Provisions, Rural Districts, Residential Districts. j. Present to staff and revise as requested. k. Meet with P&Z to review draft of sections 4-6. l. Prepare draft revisions to Business Districts and Special Districts sections. m. Present to staff and revise as requested. n. Meet with P&Z to review draft of sections 7-9. o. Prepare revisions to Title/Applications section (definitions). p. Present to staff and revise as requested. q. Present draft to P& Z Board for review and comments. r. Present draft to City Council at a work session for review and comment. s. Prepare Zoning Map Update. t. Provide first draft of Complete Update for staff review and comment. u. Complete one round of edits and finalize document. v. Prepare staff report and attend the P&Z Board public hearing to present information. w. Prepare staff report and attend the City Council meetings to present information. Deliverables: • Present draft sections at two key checkpoints for review • Prepare final staff report and ordinance/map updates for adoption • Present at seven P&Z meetings (including the public hearing) • Present at three Council work sessions and one Council meeting Proposal to Michael Grochala with City of Lino Lakes, MN 5 Zoning Ordinance and Map Update February 9, 2021 ADD ALTERNATE: The services listed below are not included in the Base Scope of Services, but are services that may be required to complete the project. If you choose to have Landform perform these services, the total project fee will increase by the amount detailed in the Add Alternate Compensation Table in Section B of this Proposal. 1. Ordinance Graphics as requested (05): a. As requested by staff, Landform will prepare graphics to be added to the Zoning Ordinance document to improve readability. 2. Additional Meetings or Tasks as requested (06): a. As requested by staff, Landform will attend additional meetings or expand the scope of the proposed revisions beyond the scope outlined in the “New Revisions Log – 01-06-21” provided by City staff on January 25, 2021. Proposal to Michael Grochala with City of Lino Lakes, MN 6 Zoning Ordinance and Map Update February 9, 2021 B. COMPENSATION 1) The Basic Services described under the Scope of Services shall be completed on an hourly compensation basis as detailed below: PHASE TASK BILL TYPE ASSOCIATED FEE Project Management [60] Hourly with Estimate* Hourly with Estimate* $3,408.00 Zoning Ordinance Update [04] Hourly with Estimate* Zoning Ordinance Amendments Zoning Map Amendment $40,481.00 Total (hourly estimates*) $43,889.00 *Estimated Fees are not guaranteed prices PHASE TASK – ADD ALTERNATE SCOPE OF SERVICES** BILL TYPE ASSOCIATED FEE Ordinance Graphics [05] Graphics to improve readability of ordinance Hourly with Estimate $3,480.00 Addition Meetings or Tasks [06] Additional meetings or an expansion of the scope of work as directed by City Staff Hourly as requested $0.00 Total **$3.480.00 **These services are NOT a part of the BASE Scope of Services, and by executing this contract you are financially obligated for the ADD ALTERNATE Scope of Services only if you request these services of Landform. 2) Standard Internal reimbursable expenses associated with prints, plots, scanning and mileage are included in our hourly rates. Deliverable plots and prints will be charged at internal rate. Internal reimbursable expenses are priced as follows: Mileage Based on current IRS rates Plotting in Color .50 per square foot Color Printing 1.00 for 8.5 x 11 2.00 for 8.5 x 14, 11 x 17 Scanning 1.50 per scan CD/DVD/Thumb drive 10.00 per cd/dvd/thumb drive 3) External reimbursable expenses shall be billed at cost plus 15%. 4) Invoices will be sent once a month based on the hours worked through the date of billing. 5) Payment is due upon receipt of invoice. Unless prior arrangements are made, a 1.5% per month (18% per annum) service charge or the maximum permitted by law, whichever is less, will be assessed against all invoices unpaid for over 30 days. Service charges may be compounded. Proposal to Michael Grochala with City of Lino Lakes, MN 7 Zoning Ordinance and Map Update February 9, 2021 C. FORM OF CONTRACT Landform continually strives towards ways of reducing our impact on the environment. Therefore, we are submitting this Proposal to you electronically only. Please print only the signature page, sign, and return the signed page by email, fax or mail as written authorization to proceed. If your company’s policy requires hardcopy originals, please contact us to request that hardcopy originals be mailed to your address. A faxed or emailed copy of a signature is as binding as an original. You may also incorporate this Proposal into your standard contract form but, even if we subsequently sign your contract form, in the event of any conflict or inconsistency between this Proposal and Client’s standard contract form, this Proposal shall govern. We reserve the right to a) collect as an external reimbursable expense the cost of legal counsel should you elect to use a lengthy contract of your own design, and b) revise our fee Proposal if your contract form assigns additional responsibility or risk to Landform Professional Services, LLC. If you instruct us to begin, or allow us to continue performing, Services prior to returning a signed contract it will be understood that all terms of this Proposal, including the attached Terms and Conditions, are acceptable and all parties will be bound by the terms of this Proposal. The attached Terms and Conditions are incorporated by reference and are an integral component of this Proposal. Landform Professional Services, LLC agrees to perform the Services described in this Proposal under the terms outlined. The following party accepts the scope, terms and conditions outlined in this Proposal and instructs Landform Professional Services, LLC to proceed with the Services as outlined. City of Lino Lakes, MN Name: Kendra Lindahl, AICP Signed Title: Principal Planner February 9, 2021 Date Title Landform Federal Tax ID: 27-1199905 Date Proposal to Michael Grochala with City of Lino Lakes, MN 8 Zoning Ordinance and Map Update February 9, 2021 TERMS AND CONDITIONS 1.0 CONSULTANT'S SERVICES. Consultant shall perform the services identified in this Proposal and no others unless otherwise agreed and unless Consultant is paid additional compensation in accordance with this Proposal. 1.1 STANDARD OF CARE. Consultant's services shall be performed based on the standard of reasonable professional care for services similar in scope, schedule, and complexity to the services being provided by the Consultant. ALL WARRANTIES, EXPRESS OR IMPLIED, UNDER THIS PROPOSAL OR OTHERWISE, IN CONNECTION WITH THE CONSULTANT'S SERVICES ARE EXPRESSLY DISCLAIMED. 1.2 SCHEDULE. Time limits established by the schedule identified in the Proposal shall not, except for reasonable cause, be exceeded by Consultant or Client. Consultant’s compensation shall be equitably adjusted in the event of delays caused by Client, Client’s other consultants, or Client’s agents. Fees quoted in the Proposal shall be adjusted if services do not commence within 90 days after the date of the Proposal. 2.0 ADDITIONAL SERVICES. In addition to any other Additional Services listed in the Proposal, the following services are excluded from Basic Services and Client shall compensate Consultant for such services, in addition to compensation for Basic Services: (1) Making revisions in Drawings and Specifications or other documents when such revisions are (a) inconsistent with approvals or instructions previously given, (b) the result of adjustments in Client's requirements, (c) required by enactment, interpretation or revision of codes, laws or regulations subsequent to preparation of such documents, (d) required by the failure of Client or Client's consultants to render decisions or to provide necessary information in a timely manner, (e) imposed by municipal or other authorities as a condition for approval of a project, unless the Drawings, Specifications or other documents clearly were not in compliance with applicable law when submitted for approval, or (f) due to or causes not solely within control of Consultant: (2) Providing any services excluded from the Scope of Services identified in the Proposal: (3) Providing any other services not otherwise expressly included in this Proposal. 3.0 TERMINATION. This Proposal may be terminated by either party upon not less than seven days written notice should the other party fail to perform in accordance with its terms through no fault of the party initiating termination. 4.0 [Not used]. 5.0 DISPUTE RESOLUTION, GOVERNING LAW. Any claim, dispute or other matter in question arising out of or relating to this Proposal or breach thereof ("Claim") shall be resolved by litigation in the State or (assuming subject matter jurisdiction) Federal Court located within Ramsey County, Minnesota. Consultant and Client expressly consent to the exclusive personal jurisdiction and venue of the Minnesota courts for all purposes relating to this Proposal. The parties waive trial by jury. This Proposal shall be governed by Minnesota law, without regard to conflicts of law principles. 6.0 TERMINATION. This Proposal may be terminated by either party upon not less than seven days’ written notice should the other party fail to perform in accordance with its terms through no fault of the party initiating termination. Such termination shall not affect the parties’ accrued rights and liabilities as of the date of termination. Without limiting the generality of the foregoing, paragraphs 1.1, 1.3, 4.0, 5.0, 7.0, 8.0, and 10.0 of these Terms and Conditions shall survive any cancellation, expiration, or termination of this Proposal. 7.0 MISCELLANEOUS PROVISIONS. ((1) This Proposal represents the entire and integrated agreement between Client and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. (2) This Proposal may be amended by written instrument signed by both Client and Consultant or, in the case of Additional Services, by a written confirmation from Consultant to which Client does not object within ten (10) working days. 8.0. PAYMENTS TO CONSULTANT. Payments are due upon presentation of Consultant's invoices. If Payments are not made within thirty (30) days after date of invoice, a SERVICE CHARGE OF ONE AND ONE-HALF (1.5) PERCENT PER MONTH (18% PER ANNUM) or the maximum rate permitted by law, whichever is greater, will be charged on any unpaid balance. Service charges may be compounded. 9.0 BASIS OF COMPENSATION. Client shall compensate Consultant as set forth in the Proposal. AN ESTIMATED FEE IS NOT A FIRM FIGURE. If the Scope of or schedule for Consultant's Services is changed materially, the compensation shall be equitably adjusted. Rates and multiples for Additional Services and other services as set forth in the Proposal shall be adjusted annually in accordance with normal salary review practices of Consultant. For Additional Services of Consultant, compensation shall be an hourly rate as defined in the Proposal, plus reimbursable expenses; or, if agreed by Client and Consultant in writing, a lump sum amount. For additional services of Consultant's consultants, compensation will be 1.15 times the amount billed to Consultant for such services, plus reimbursable expenses. For reimbursable expenses, the Consultant shall be compensated for out-of-pocket expenditures incurred in connection with the services identified in this Proposal, based on 1.15 times actual costs incurred. In addition to other expenses, Consultant will be reimbursed for any applicable sales, use, or similar taxes related to services or products provided under this Proposal, which may be imposed by any governmental entity. 10.0 DELAYED PAYMENT; PAYMENT DISPUTES. 10.1 CONDITIONS PRECEDENT TO WITHHOLDING PAYMENT. The Client may not withhold any payments to the Consultant unless the basis of (including all particulars) and amount in dispute are identified and presented in writing to the Consultant not later than the twenty-fifth (25th) calendar day after presentation of the disputed invoice. Objections to invoices not made within the time period are deemed waived. Unless Client proceeds in accordance with this Section 10.1, Client's failure to pay any invoice (either on the Project which is the subject of this proposal or in connection with any other project for which Consultant is providing services to Client) within thirty (30) calendar days after presentation of Consultant’s invoice shall constitute just cause for the suspension of services on all projects and the withholding of all deliverables on all projects by the Consultant. Client will pay all of Consultant’s costs of collection, including: internal labor costs at the Additional Services rate; reasonable attorneys' fees; and litigation and arbitration costs and fees, in the event Client fails to make timely payment to Consultant in violation of this Contract. External fees, costs, and expenses incurred under this clause will be reimbursed at the rate specified in the Proposal for external reimbursable expenses. Proposal to Michael Grochala with City of Lino Lakes, MN 9 Zoning Ordinance and Map Update February 9, 2021 10.2 NOTICE OF CLAIMED ERRORS OR OMISSIONS. Client shall provide written notice, including all known particulars, to Consultant of any claimed errors or omissions in Consultant’s services not later than 60 calendar days after Client becomes aware, or in the exercise of reasonable diligence should have become aware, of the existence of such error or omission. Consultant shall be given a reasonable opportunity, during such 60-day period, to investigate and recommend ways of mitigating any alleged damages. Client’s failure to provide such notice, and/or Client’s failure to provide Consultant a reasonable opportunity to investigate and make recommendations, within the time stated shall constitute an irrevocable waiver of any and all claims, counterclaims, defenses, setoffs, or recoupments Client might have in connection with any such alleged error or omission. In the event Client asserts a claim in violation of this paragraph, or in the event that any other error and omission claim asserted by Client is determined to be without substantial merit, Client shall pay all of Consultant’s: internal labor costs at the Additional Services rate; reasonable attorneys’ fees; expenses; and arbitration and litigation costs incurred in investigating and defending such claim. External fees, costs, and expenses incurred under this clause will be reimbursed at the rate specified in the Proposal for external reimbursable expenses. 10.3 ERRORS OR OMISSIONS OF CLIENT’S CONSULTANTS. If Client has separately retained other design professionals Client agrees to the fullest extent permitted by law (including without limitation Minnesota Statutes Ch. 466) to defend, indemnify, and hold the Consultant harmless from all loss, damage, liability, cost or expense (including but not limited to reasonable attorneys' fees) arising out of or relating to (a) the negligent acts or omissions of such other design professionals, and/or (b) the failure of such other design professionals to carry or maintain professional liability insurance in an amount adequate to protect Client and Consultant from loss. Principal Planner III Planner II Planner I TOTAL TOTAL April May June July August September October November December January February March April $142 $105 $87 $77 HOURS FEE/EST 24 0 0 0 24 $3,408 Kickoff meeting with staff via teleconference 2 2 $284 Check in with staff via teleconference 22 22 $3,124 Task 2. Zoning Regulations Revisions 98 253 0 0 319 40,481 P&Z kickoff meeting (PUD purpose and other priorities)8 $1,136 Administration (PUD rewrite)4 16 20 $2,248 revise after staff review 1 1 2 $247 P&Z meeting (general provisions priorities)8 $1,136 General Provisions (clean up, non-conformities, garage standards, outside storage landscape updates, essential services, wind and parking standard updates)4 40 44 $4,768 revise after staff review 4 4 $420 P&Z review of Sections 1-3 and CC work session 8 4 12 $1,556 District Provisions (general standards)1 1 $105 revise after staff review 1 1 $105 Rural (R and R-X districts and urban reserve district)2 16 18 $1,964 revise after staff review 2 8 10 $1,124 Residential (R-1, R-1X, R-2, R-3, R-4, R-6)2 24 26 $2,804 revise after staff review 1 8 9 $982 P&Z meeting (review 4, 5, 6 draft sections)8 $1,136 Business (NB, LB, GB, CB, SC and New business campus)4 24 28 $3,088 revise after staff review 2 8 10 $1,124 Industrial (LI and GI, data centers)2 16 18 $1,964 revise after staff review 1 8 9 $982 Special (PSP, R-BR and PUD)1 8 9 $982 revise after staff review 1 3 4 $457 P&Z meeting (review 7,8,9 draft sections)8 $1,136 Title/Application (Update Definitions)1 8 9 $982 revise after staff review 1 1 2 $247 P&Z review of draft and CC work session 6 4 10 $1,272 Reorganize document after staff and P&Z review/approval of text edits 1 12 13 $1,402 Zoning Map Update 1 8 9 $982 Compile Complete Document for City Review 4 8 12 $1,408 Complete one round of edits and finalize document 2 6 8 $914 P&Z public hearing - prepare materials 9 8 17 $2,118 City Council (1 work session and 1 meeting)6 8 14 $1,692 TOTAL 122 253 0 0 343 $43,889 OPTIONAL ORDINANCE GRAPHICS 40 40 $3,480 $47,369 Staff meeting P& Z meeting Council work session Council Meeting Project Schedule Task 1. Project Management Lino Lakes Zoning and Subdivision Update 2021 2022 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: March 8, 2021 TOPIC: Consider Resolution No. 21-19, Declaring Public Health and Safety Nuisance at 6367 Ware Road and Ordering Abatement VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council consideration to declare a public health and safety nuisance at 6367 Ware Road and order the abatement of the nuisance. BACKGROUND The property, located at 6367 Ware Road, has been the subject of several complaints over the past three years for exterior storage of refuse, discarded appliances, junk vehicles and other debris. The property owner has been cited several times for non compliance with City Code sections 901.01(1), 901.02(5), 901.03(11), 901.03 (13), 901.03 (18), and 901.03(19). These have led to his conviction of criminal charges for the property violations in three court cases. An additional probationary hearing is scheduled at the end of the month. Neither the citations nor convictions have resulted in the removal of the nuisance conditions. The property owner was issued an abatement order, as provided for in City Code Section 903.04(2), on February 5, 2021 and provided 20 days to bring the property in compliance. The owner was also provided the opportunity to appeal the Oder for Abatement. The deadline for removing the items and/or filing an appeal was February 26, 2021. No request was filed with the City. City staff completed an inspection of the property on March 1, 2021 and found the property is in violation of the above reference city code requirements. Accordingly, staff is seeking City Council action to declare the property a public health and safety nuisance, authorize staff to take all necessary steps to abatement the nuisance and assess all costs for the same to the property. The City Attorney will seek an administrative warrant and summary abatement order from a court. All costs associated with the removal and will be assessed to the property and certified to the County Auditor for collection with the property pursuant to 903.04(3) of the City Code. The owner has been notified of the City Council’s consideration of this item. RECOMMENDATION Staff is recommending approval of Resolution No. 21-19. ATTACHMENTS 1. Resolution No. 21-19 2. Photos of 6367 Ware Road CITY OF LINO LAKES RESOLUTION NO. 21-19 RESOLUTION DECLARING A PUBLIC HEALTH AND SAFETY NUISANCE AT 6367 WARE ROAD, LINO LAKES, MN AND ORDERING ABATEMENT WHEREAS, multiple inspections have been conducted at 6367 Ware Road, Lino Lakes, MN (the “Property”), which have found refuse, debris, discarded appliances, machinery, junk vehicles, lumber, wood, and other items on the exterior of the Property; and WHEREAS, property records indicate that the Property is owned by Benjamin and Jennifer Hadash; and WHEREAS, staff has found that the conditions on the property constitute public health and safety nuisances pursuant to City Code sections 901.01(1), 901.02(5), 901.03(11), 901.03 (13), 901.03 (18), and 901.03(19); and WHEREAS, the City has au thority to abate public nuisances pursuant to City Code sections 901.04 and 903.01-06; and WHEREAS, staff has ordered the Property owners to remove the nuisance conditions from the Property on numerous occasions; and WHEREAS, since 2018, Benjamin Hadash has been cited thirteen (13) times for violations of City Code relating to the Property; and WHEREAS, Benjamin Hadash has been convicted of criminal charges for Property violations in three court cases: 02-CR-18-7431; 02-CR-19-3205; and 02-CR-20-2607; and WHEREAS, despite the orders, citations, and criminal convictions, the Property owners have failed to remove the nuisance conditions and remedy the code violations on the Property; and WHEREAS, on February 5, 2021, the City sent a letter to the Property owners via certified mail that provided notice of the violations and stated that if the nuisance conditions were not removed from the Property within 20 days, the City would proceed with abatement and assess all costs for the same to the Property; and WHEREAS, on March 1, 2021, staff inspected the Property and found that the nuisance conditions and Code violations still remain; and WHEREAS, the City Council finds that it is reasonably necessary, proper, and convenient, and in the interest of the public health, public safety, and general welfare of the citizens of the City that the nuisance conditions and Code violations on the Property be abated through any and all appropriate legal processes. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes: 1. The Property, located at 6367 Ware Road, Lino Lakes, MN is hereby declared to constitute a public health and safety nuisance. 2. The conditions on the Property, including the refuse, debris, discarded appliances, machinery, junk vehicles, lumber, wood, and other items on the exterior of the Property, constitute nuisances and are a threat to the health, safety, and general welfare of the community of the City. 3. City staff, City consultants, and the law firm of Rupp, Anderson, Squires & Waldspurger are authorized and directed to take all steps necessary on behalf of the City to fulfill the purposes of this resolution and to take all appropriate legal action to abate the nuisance conditions and other code violations on the Property, including but not limited to obtaining an administrative warrant and summary abatement order from a court; and 4. All costs of abatement, including but not limited to attorneys’ fees, court costs, and the costs to clean, remove, dispose, and/or store items of refuse or personal property shall be assessed to the Property and certified to the County Auditor for collection with property taxes pursuant to 903.04(3) of the City Code. Adopted by the Council of the City of Lino Lakes this 8th day of March, 2021. The motion for the adoption of this 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: _____________________ Rob Rafferty, Mayor ATTEST: ________________________ Julianne Bartell, City Clerk 6367 Ware Road Photos